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Home My WebLink About04/04/2023 - Formal Meeting - Meeting Materials SALT LAKE CITY COUNCIL AGENDA FORMAL MEETING April 4, 2023 Tuesday 7:00 PM Council meetings are held in a hybrid meeting format.Hybrid meetings allow people to join online or in person at the City&County Building.Learn more at www.slc.gov/council/agendas. Council Work Room 451 South State Street Room 326 Salt Lake City,UT 84111 SLCCouncil.com CITY COUNCIL MEMBERS: Darin Mano, Chair Victoria Petro,Vice Chair District 5 District 1 Alejandro Puy Chris Wharton Ana Valdemoros District 2 District 3 District 4 Dan Dugan Amy Fowler District 6 District 7 Generated: io:52:18 Please note: Dates not identified in the FYI-Project Timeline are either not applicable or not yet determined. WELCOME AND PUBLIC MEETING RULES A. OPENING CEREMONY: 1. Council Member Victoria Petro will conduct the formal meeting. 2. Pledge of Allegiance. 3. Welcome and Public Meeting Rules. 4. The Council will approve the work session meeting minutes of January 17, 2023 B. PUBLIC HEARINGS: 1. Ordinance: Homeless Resource Center Text Amendment The Council will accept public comment and consider adopting an ordinance that would establish a process for approving future Homeless Resource Centers (HRCs)in the City and modify existing standards for homeless resource centers and homeless shelters.The Council may amend other related chapters and sections of Title 21A Zoning as part of this proposal.This petition was initiated by the City Council through Ordinance 15B of 2022. Petition No.: PLNPCM2022-01o68 The proposal includes: • A Homeless Resource Center Overlay Zoning District; • Modifications to city ordinance 21A.36.350 Standards for Homeless Resource Centers; • Provisions for temporary/seasonal homeless resource centers that incorporate recent changes to Utah Code; • Modifications to city ordinance 21A.50 to include additional considerations when mapping the HRC overlay and other related changes; and • Updated defined terms. For more information on this item visit www.tinyurl.com/HRCTextAmendment FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing-Tuesday, March 21, 2023 Set Public Hearing Date -Tuesday, March 7, 2023 Hold hearing to accept public comment -Tuesday,April 4, 2023 at 7 P.M. TENTATIVE Council Action -Tuesday,April 18, 2023 Staff Recommendation - Refer to motion sheet(s). 2. Ordinance: Rezone and Master Plan Amendment at 865 South Soo East The Council will continue to accept public comment and consider adopting an ordinance that would amend the zoning of property at 865 South Soo East Street from RMF-30 (Low Density Multi-Family Residential District)to CN(Neighborhood Commercial District),this would also amend the Central Community Master Plan Future Land Use Map.The intent of the rezone request is to allow for the conversion of the existing single- family dwelling on the property to a commercial use. Consideration may be given to rezoning the property to another zoning district with similar characteristics.The property is located within Council District 5. Petitioner: Rick Service, Petition No.: PLNPCM2022- 00301&PLNPCM2022-00302 FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing -Tuesday, March 7, 2023 Set Public Hearing Date -Tuesday, March 7, 2023 Hold hearing to accept public comment-Tuesday, March 21, 2023 and Tuesday, April 4, 2023 at 7 P.M. TENTATIVE Council Action -Tuesday, April 4, 2023 Staff Recommendation - Refer to motion sheet(s). 3. Grant Application: Marathon Petroleum Community Investment Grant The Council will accept public comment for a grant application request from the Fire Department to the Marathon Petroleum. If awarded,the grant would fund improvements to the Training Tower by adding a gas system and monitor so that Firefighters can train for gas-related and hazardous incidents. FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - n/a Set Public Hearing Date - n/a Hold hearing to accept public comment- Tuesday, April 4, 2023 at 7 P.M. TENTATIVE Council Action - n/a Staff Recommendation - Close and refer to future consent agenda. C. POTENTIAL ACTION ITEMS: 1. Ordinance: Electric Vehicle Readiness Off-Street Parking Stalls Amendment The Council will consider adopting an ordinance that would amend and update City code requirements for parking on some new construction projects.New multi-family housing projects like condos and apartments would be required to add electrical capacity on twenty percent of their off-street parking stalls.The electrical capacity would allow the future addition of electric vehicle charging stations at the stalls constructed for them.The proposal would amend the City's land use code 21A.44.040.The requirement would also apply to major reconstructions of qualifying properties in multi-family zones. For more information on this item visit https://tinyuri.com/SLCEVReadiness FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing-Tuesday, January 3, 2023 Set Public Hearing Date -Tuesday, March 7, 2023 Hold hearing to accept public comment -Tuesday, March 21, 2023 at 7 P.M. TENTATIVE Council Action -Tuesday,April 4, 2023 Staff Recommendation - Refer to motion sheet(s). 2. Ordinance:Accessory Dwelling Unit(ADU)Text Amendment The Council will consider adopting an ordinance that would amend various sections of the Title 21A of the Salt Lake City Code pertaining to Accessory Dwelling Unit(ADU) regulations.The proposed code revisions would eliminate the conditional use requirement for detached ADUs in single-family residential zones.They would also aim to lower zoning barriers to construction of ADUs in general.The proposed changes would seek to strike a better balance between encouraging construction of ADUs and mitigating impacts to neighboring properties. Petition No.: PLNPCM2022-000475 For more information on this item visit www.tinyurl.com/ADLTextAmendment FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing-Tuesday, January 17, 2023; Tuesday, February 7, 2023; and Tuesday, March 7, 2023 Set Public Hearing Date -Tuesday, January 17, 2023 and Tuesday, March 7, 2023 Hold hearing to accept public comment-Tuesday, February 7, 2023 and Tuesday, March 21, 2023 at 7 P.M. TENTATIVE Council Action -Tuesday,April 4, 2023 Staff Recommendation - Refer to motion sheet(s). D. COMMENTS: i. Questions to the Mayor from the City Council. 2. Comments to the City Council. (Comments are taken on any item not scheduled for a public hearing, as well as on any other City business. Comments are limited to two minutes.) E. NEW BUSINESS: NONE. F. UNFINISHED BUSINESS: 1. Ordinance: Zoning Map Amendment at approximately 13o North 2100 West The Council will consider adopting an updated ordinance amending the zoning map pertaining to a parcel at approximately 13o North 2100 West to remove the AFPP (Airport Flight Path Protection) Overlay District Influence Zone B.The update includes a condition that the property owner enter a development agreement with the City requiring sound attenuation if any new structure is constructed on the property or an existing structure is substantially remodeled.The property is currently occupied by a hotel building and associated parking.The desired result is to allow the building to operate as permanent supportive housing primarily for those ages 62 and older. Petitioner: Friends of Switchpoint Petition No.: PLNPCM2022-00833 FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing-Tuesday, February 7, 2023 Set Public Hearing Date -Tuesday, February 7, 2023 Hold hearing to accept public comment -Tuesday, February 21, 2023 at 7 P.M. TENTATIVE Council Action -Tuesday, March 7, 2023 and Tuesday,April 4, 2023 Staff Recommendation - Refer to motion sheet(s). G. CONSENT: 1. Ordinance: Downtown Building Height and Street Activation Text Amendment The Council will set the date of Tuesday,April 18, 2023 at 7 p.m.to accept public comment and consider adopting an ordinance that would amend the zoning text of various sections of Title 21A of the Salt Lake City Code pertaining to building heights in the Downtown Plan area.This proposal includes amendments to the following zoning districts: D-1(Downtown Central Business District), D-2 (Downtown Support), D-3 (Downtown Warehouse), D-4 (Downtown Secondary Business District), G-MU(Gateway Mixed-Use), CG(General Commercial) and the FB-UN1 and FB-UN2 (Form based districts).Additionally,the proposed code revisions aim to accommodate growth and respond to new development pressures,while developing standards for public spaces.The Council may consider modifications to other related sections of the code as part of this proposal. Petitioner: Mayor Erin Mendenhall Petition No.: PLNPCM2022-00529 FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing-Tuesday,April 4, 2023 Set Public Hearing Date -Tuesday,April 4, 2023 Hold hearing to accept public comment -Tuesday,April 18, 2023 at 7 P.M. TENTATIVE Council Action -Tuesday, May 2, 2023 Staff Recommendation - Set date. 2. Ordinance: Rezone at 792 West goo South&875 South Boo West The Council will set the date of Tuesday,April 18, 2023 at 7 p.m.to accept public comment and consider adopting an ordinance that would amend the zoning of property at 792 West goo South and 875 South 80o West from M-1(Light Manufacturing District) to R-MU(Residential/Mixed Use District).The proposed amendment to the Zoning Map is intended to allow the property owner to develop two small multi-family dwellings.No development plans have been submitted at this time. Consideration may be given to rezoning the property to another zoning district with similar characteristics.The properties are within Council District 2. Petitioner: Cameron Broadbent, Petition No.: PLNPCM2022-00587 FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing-Tuesday,April 4, 2023 Set Public Hearing Date -Tuesday,April 4, 2023 Hold hearing to accept public comment-Tuesday,April 18, 2023 at 7 P.M. TENTATIVE Council Action -Tuesday, May 2, 2023 Staff Recommendation - Set date. 3. Ordinance:Airport Title 16 Amendments The Council will set the date of Tuesday,April 18, 2023 at 7 p.m.to accept public comment and consider adopting an ordinance that would repeal and replace Title 16 of the Salt Lake City Code pertaining to Airports.The proposed amendment would eliminate duplicate and outdated regulations. Changes also include moving codified commercial standards to standalone administrative documents for operators doing business at the airport. Language related to ground transportation rules and fees is removed where it's duplicated on the City's ordinance regulating business (Title 5). FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing -Tuesday,April 4, 2023 Set Public Hearing Date -Tuesday,April 4, 2023 Hold hearing to accept public comment-Tuesday, April 18, 2023 at 7 P.M. TENTATIVE Council Action -TBD Staff Recommendation - Set date. 4. Board Appointment:Airport Board- Hoang Nguyen The Council will consider approving the appointment of Hoang Nguyen to the Airport Board for a term ending April 4, 2027. FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing-Tuesday,April 4, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment- n/a TENTATIVE Council Action -Tuesday,April 4, 2023 Staff Recommendation -Approve. 5. Board Appointment: Community Development and Capital Improvement Programs (CDCIP)Advisory Board—Joseph Murphy The Council will consider approving the appointment of Joseph Murphy to the CDCIP Advisory Board for a term ending June 1, 2026. FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing -Tuesday,April 4, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment- n/a TENTATIVE Council Action - Tuesday,April 4, 2023 Staff Recommendation -Approve. 6. Board Appointment: Bicycle Advisory Committee —Alla Chernenko The Council will consider approving the appointment of Alla Chernenko to the Bicycle Advisory Committee for a term ending April 4, 2026. FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing -Tuesday,April 4, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action -Tuesday,April 4, 2023 Staff Recommendation -Approve. 7. Board Appointment: Parks, Natural Lands, Urban Forestry, and Trails (PNUT)Advisory Board— Talula Pontuti The Council will consider approving the appointment of Talula Pontuti to the PNUT Board for a term ending April 4, 2026. FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday,April 4, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action -Tuesday,April 4, 2023 Staff Recommendation -Approve. 8. Board Reappointment: Sister Cities Board- Olga Efimova The Council will consider approving the reappointment of Olga Efimova to the Sister Cities Board for a term ending July 6, 2026. FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - n/a Set Public Hearing Date - n/a Hold hearing to accept public comment- n/a TENTATIVE Council Action-Tuesday,April 4, 2023 Staff Recommendation -Approve. 9. Board Reappointment: Sister Cities Board- Sheri Sorensen The Council will consider approving the reappointment of Sheri Sorensen to the Sister Cities Board for a term ending July 6, 2026. FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - n/a Set Public Hearing Date - n/a Hold hearing to accept public comment- n/a TENTATIVE Council Action -Tuesday,April 4, 2023 Staff Recommendation -Approve. lo. Board Reappointment: Sister Cities Board-Nicole Pessetto The Council will consider approving the reappointment of Nicole Pessetto to the Sister Cities Board for a term ending July 6, 2026. FYI — Project Timeline: (subject to change per Chair direction or Council discussion) Briefing- n/a Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action -Tuesday,April 4, 2023 Staff Recommendation -Approve. H. ADJOURNMENT: CERTIFICATE OF POSTING On or before 5:00 p.m.on Thursday,March 30, 2023, the undersigned,duly appointed City Recorder,does hereby certify that the above notice and agenda was(1)posted on the Utah Public Notice Website created under Utah Code Section 63F-1-701, and(2)a copy of the foregoing provided to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any others who have indicated interest. CINDY LOU TRISHMAN SALT LAKE CITY RECORDER Final action may be taken in relation to any topic listed on the agenda, including but not limited to adoption, rejection, amendment, addition of conditions and variations of options discussed. 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, 8o1-535-7600,or relay service 711. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 PENDING MINUTES — NOT APPROVED The City Council of Salt Lake City, Utah,met in Work Session on Tuesday,January 17, 2023. The following Council Members were present: Victoria Petro, Daniel Dugan,Amy Fowler, Chris Wharton,Alejandro Puy, Darin Mano The following Council Members were absent: Ana Valdemoros Present Legislative leadership: Cindy Gust-Jenson—Executive Director,Jennifer Bruno — Deputy Director, Lehua Weaver— Associate Deputy Director Present Administrative leadership: Rachel Otto — Chief of Staff, Lisa Shaffer— Chief Administrative Officer Present City Staff: Katherine Lewis—City Attorney, Cindy Lou Trishman—City Recorder, DeeDee Robinson— Minutes&Records Clerk,Michelle Barney—Minutes&Records Clerk,Thais Stewart— Deputy City Recorder,Taylor Hill— Constituent Liaison/Policy Analyst, Scott Corpany— Staff Assistant, Allison Rowland— Public Policy Analyst,Andrew Johnston— Director of Homelessness Policy and Outreach, Brian Fullmer— Constituent Liaison, Policy Analyst,Mary Beth Thompson— Chief Financial Officer,Nick Norris — Planning Director,Amanda Roman—Senior Planner, Kelsey Lindquist— Planning Manager,Tony Gliot— Urban Forestry Division Director, Hannah Barton— Community Liaison, Lindsey Nikola— Deputy Chief of Staff,Wayne Mills—Planning Manager,Michael McNamee— Principal Planner,John Anderson— Planning Manager, Diana Martinez — Principal Planner The meeting was called to order at 2:00 PER. 1 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 Work Session Items 1. Informational: Updates from the Administration 2:00 P.M. 30 min. The Council will receive information from the Administration on major items or projects in progress.Topics may relate to major events or emergencies (if needed), services and resources related to people experiencing homelessness, active public engagement efforts, and projects or staffing updates from City Departments, or other items as appropriate. Lindsey Nikola provided information regarding: COVID-ig Updates • Cases were flat in the U.S. and Utah cases were down 13%over the last two weeks • Vaccination/booster locations/information Hannah Barton provided information regarding: Community Engagement Highlights • Ways to engage with the City found at www.slc.gov/feedback/ • Love Your Block hosting its first listening session today(January 17, 2023) at Glendale Public Library • Ballpark Next design competition information • Mayor's Community Office hours and locations for January 2023 Andrew Johnston provided information regarding: Homelessness Update • Homeless Resource Center bed/shelter availability/occupancy information • Rapid Intervention Team(RIT)/Encampment Impact Mitigation(EIM) outreach information 2. Ordinance:Adopting Urban Forest Action Pla 2:30 p.m. 30 min. The Council will receive a briefing about proposed final version of the Urban Forest Action Plan.The plan is intended to provide guidance and concrete steps for Salt Lake City to align its resources and actions in the built environment with its goals for sustainability and equity. It would also inform a future zoning code amendment that supports the preservation and promotion of trees on public and private lands and within the public right-of-way. Allison Rowland provided an introduction to the briefing and provided the associated implications, should the plan be adopted. Amanda Roman, Kelsey Lindquist, and Tony Gliot provided information regarding: • Project summary • Purpose of the plan/vision • Internal review process information • Public engagement process information • Plan recommendations • Details of Urban Forest benefits • Action plan strategies within the plan • Staffing/cost for implementing the plan 2 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 • Removal of language to utilize Impact Fees for the plan Council Member Puy inquired about a Council funded initiative to provide education to the public regarding caring for new/existing trees; if the program was working,if funding was being spent for the initiative, and what were the details of the plan—noting the program's importance to preserve the City's urban trees.Tony Gliot said a tree watering/education campaign coordinated in conjunction with Salt Lake City Public Lands/Communications Team would be launched Spring 2023 and would include community outreach to inform residents of the initiative. 3. Ordinance: Zoning Map Amendment at Approximately 704 East goo South 3:0o p.m. i 20 min. The Council will receive a briefing about a proposal that would amend the zoning map for the property at approximately'704 East goo South from R-2 (Single- and Two-Family Residential)to SNB (Small Neighborhood Business).The subject property is 0.24 acres. Although a specific development is not being proposed at this time,the rezone is in anticipation of bringing illegally added dwelling units up to code. Petitioner:Ale Gicqueau. The Planning Commission forwarded a negative recommendation,therefore an ordinance has not been drafted. If the Council decides to approve the zone amendment, an ordinance would be drafted and considered for approval. Brian Fullmer provided an introduction to the briefing. John Anderson and Diana Martinez provided information regarding: • Location of the subject property • Details of the request • Size of the subject property • Intent of the proposal • Planning Staff having recommended approval of the rezone based on the compatibility of the Central Community Master Plan and compatibility of zoning with other corner properties of the intersection • Planning Commission recommended denial of the proposed zoning map amendment due to incompatibility to Plan Salt Lake and would not decrease congestion on the road • Property currently under enforcement for use of short-term rentals in three illegal units Ale Gicqueau(Applicant)provided information regarding: • History of ownership/use of the property • Current status of the property including enforcement issues • Being amenable to preserving the existing property Council Member Petro inquired if a development agreement could be put in place alongside the rezone to ensure the property would not be demolished—ensuring the home would be preserved in perpetuity.John Anderson said it was recently done with another property's rezone request and could be recorded with the property, should the applicant choose to enter the development agreement. 3 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 Council Member Puy inquired if the applicant's fees for non-compliance could be paused/halted pending the Council's decision regarding the rezone. Katie Lewis said typically the imposition of fees was a separate process from the Council's purview but would gather more information from the Administration regarding the status of the process/enforcement and return to the Council with an answer. 4. Ordinance: Rocky Mountain Power Rezone 3:20 p.m. t 1 20 min. The Council will receive a briefing about a proposal that would amend the zoning of the property at 1223 West North Temple and portions of properties located at 1219 West, 1275 West, and 1407 West North Temple Street from M-1 Light Manufacturing and TSA- SP-C Transit Station Area-Special Purpose-Core to TSA-Urban Center-Core.The purpose of the amendment is to accommodate new office headquarters for Rocky Mountain Power. Consideration may be given to rezoning the property to another zoning district with similar characteristics. Petitioner: Rocky Mountain Power. Brian Fullmer provided an introduction to the briefing. Wayne Mills provided information regarding: • Project request details • Project area details(map) • Existing/proposed zoning details and comparison of each • Riparian corridor protection details • Master Plan/City goal considerations • Planning Commission unanimously recommended approval of the zoning amendment Chris Parker(Give Communities, Lead Consultant), Mike Jensen(Rocky Mountain Power) and Susan Petheram(FFKR Architects)provided information regarding: • Location details of the project including placement of structures on the property • Groundbreaking planned for Spring/Summer 2023 • Proposed Phase I development details • Timeline for headquarter redevelopment and full-site Master Plan process • Community engagement process/details 5. Ordinance:Accessory Dwelling Unit(ADU)Text Amendment _ a 3:4o P.M. 40 min. The Council will receive a briefing about a proposal that would amend various sections of Title 21A of the Salt Lake City Code pertaining to Accessory Dwelling Unit(ADU) regulations.The proposed code revisions would eliminate the conditional use requirement for detached ADUs in single-family residential zones.They would also aim to lower zoning barriers to the construction of ADUs in general.The proposed changes would seek to strike a better balance between encouraging the construction of ADUs and mitigating impacts to neighboring properties. Brian Fullmer provided an introduction to the briefing. Michael McNamee and Nick Norris provided information regarding: 4 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 • Process and timeline of the proposal • Summary of amendment/proposed changes • Reasoning for removing conditional use process for Accessory Dwelling Units (ADUs) • Information regarding where ADUs (detached or internal)were permitted/not permitted including where a conditional use would be required in the City(map) • Expanding where ADUs could be built(comparison between current and proposed ordinance) • Information on where ADUs would be permitted, should the proposal be approved • Size,bulk, and yard requirements being a barrier to ADU construction • Current/proposed maximum size requirements for internal/detached ADUs • Current/proposed maximum height requirements and yard requirements for detached ADUs • Alley activation requirements for ADUs within 15-feet of a public alley • Parking requirements for ADUs • Owner occupancy requirements remaining in place under proposed changes • Change to proposed definition of ADU Council Members and the Administration discussed the following topics: • Council Member Dugan expressed concern regarding the impacts of ADUs added to properties without driveways/garages and said he would be in favor of adding a requirement for one off-street parking stall for new ADUs in single family zones. • Council Member Mano suggested removing the owner occupancy requirement due to it being a barrier to creating housing in the City. • Council Member Dugan indicated he was in favor of keeping the required four-foot setback for ADUs rather than the newly proposed three-foot requirement. • Council Member Wharton expressed concern removing the conditional use requirement entirely as it allowed the City more control over ADUs and the process was originally seen as a comfort to residents to allowing ADUs into their neighborhoods.Nick Norris said the Planning Commission found that over the past three years,when processing conditional use applications for ADUs,there was rarely additional conditions placed on them because the requirements were so extensive that most potential impacts were already addressed through the standards in the code.Nick Norris further stated that the Planning Department had not been able to demonstrate that ADUs created a detrimental impact based on experience over the past three years of processing ADU applications. • Council Member Puy inquired if there were ways contemplated to monetarily incentivize ADUs.Nick Norris said there was an internal group considering ways to further incentivize ADUs, including the Salt Lake City Redevelopment Agency (RDA) and other City departments. 6. Tentative Break 4:20 p.m. 20 min. 7. City's Annual Financial Audit Report 4:40 p.m. 30 min. The Council will be briefed about the City's Comprehensive Annual Financial Report for 5 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 the previous fiscal year, and the Management Auditor's letters regarding internal controls and compliance. Paul Skeen(EideBailly Consultant) and Michael Michelsen(EideBailly Consultant)provided information regarding the Financial Report and Federal/State Compliance Report portions of the audit,including: • Responsibility as auditors—design,plan and execute an audit that would allow for issuance of opinion(s) on financial statements • Key areas of review—management's ability to override internal controls,the way in which revenue was accounted for, and capital assets maintained by the City • Audit firm was independent of the City/City Management • Mention of two findings: • Arts Council Fund had expenditures in excess of the budget at the end of the year—which was cited as an immaterial instance of non-compliance (according to State statute) • The Water Infrastructure Finance and Innovations Act(WIFIA)loan(about $13 M)was inadvertently omitted from the schedule of expenditures of Federal awards,however; it was deemed necessary and was provided to the auditors and added to the schedule Mary Beth Thompson explained that the overage(about $21,000) occurred within the Arts Council Foundation,not the Economic Development Department, and found through discussions with the Administration(Felicia Baca)there was a raise given that was placed in the budget initially in July 2022 —which would now be updated as a budget amendment in January 2023 with a followup in May 2023 to assure the Arts Council Foundation budget matched the City's budget. Mary Beth Thompson assured the Council this issue would not occur again. Mary Beth Thompson and Michael Michelsen provided details of the WIFIA loan and how it would be accounted for in the future. 8. Resolution: Local Emergency Declaration Extension- Shelter 5:10 p.m. Bed Caps 10 min. The Council will be briefed about a proposed resolution that would extend the Mayor's December 20, 2022 proclamation declaring a local emergency relating to Shelter Bed Caps. Katie Lewis reviewed the history of the declaration of local emergency by the Mayor and the resolution to extend the caps on shelter beds. Katie Lewis added that the Council adopted a temporary land use regulation increasing the capacity at the Volunteers of America Utah(VOA)Youth Resource Center and that it would expire on April 15, 2023. Andrew Johnston said April 15 was traditionally the end of the winter session, however; State Legislation identified the ideal date to extend the shelter caps to was April 30, 2023, and noted the shelter providers were in agreement with this date.Andrew Johnston added that the April 3o date did not apply to the St.Vincent dePaul overflow due to their current existing conditional use restricting their extension to April 15, 2023. 6 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 Straw Poll: Unanimous support to extend the Mayor's emergency declaration for increased capacity to April 30, 2023. Council Member Valdemoros was absent for the vote. 9. Ordinance:Amending the Zoning Text Pertaining to the use of Landscape Materials 5:2o p.m. L 10 min. The Council will receive a briefing about a proposal that would amend the zoning code, including placing limits on the amount of turf grass that can be planted based on use, size of landscaped area, and slope and makes other similar changes.The proposed modifications are being requested in order for the City to be listed as an"eligible city"by entities that provide rebates for property owners who replace turf with more water-wise landscaping.The Council may amend other related chapters and sections of Title 21-A Zoning as part of this proposal.The proposal would modify Section 21-A.48.05o and definitions in Title 21A associated with the Salt Lake City Code pertaining to the use of landscape materials. Nick Norris provided information regarding: • Reasoning for the changes —rebate programs were changing,requiring specific landscape provisions limiting turf and conserving water with a majority of the rebates issued to Salt Lake City property owners • Details of the rebate programs and their requirements • When the changes would be applicable: • All new development • Changes that required a landscape plan(land use applications, site improvements) • Outdoor recreation areas and uses were exempt • Limitations on Turf— • Single/two-family: No more than 35%of landscaped area, allowed up to at least 250 square feet, regardless of yard size • Multi-family: 20%of landscaped areas, includes common areas • All other uses: no more than 20%of landscaped area • Active recreation areas were exempt • Prohibited in areas less than 8 feet in any dimension • Prohibited on slopes over 25% • Trees,mulch, irrigation requirements • Ensure that trees have access to water • Requires mulch in areas not covered by other material • Requires watersense controller(rain delay sensor) Council Members and Nick Norris discussed future landscape requirements that would be forthcoming to the Council. lo. Board Appointment:Accessibility and Disability Commission- Kristy Chambers M06LOP .m. mw The Council will interview Kristy Chambers prior to considering their appointment to the Accessibility and Disability Commission for a term ending December 28, 2026. 7 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 Interview held. Council Member Mano said Kristy Chambers'name was on the Consent Agenda for formal consideration. 11. Board Appointment-Accessibility and Disability = Commission- Ivana Powell 3°p The Council will interview Ivana Powell prior to considering their appointment to the Accessibility and Disability Commission for a term ending December 28, 2026. Interview held. Council Member Mano said Ivana Powell's name was on the Consent Agenda for formal consideration. 12. Board Appointment-Accessibility and Disability Commission- Damon Talbot The Council will interview Damon Talbot prior to considering their appointment to the Accessibility and Disability Commission for a term ending December 28, 2026. Interview held. Council Member Mano said Damon Talbot's name was on the Consent Agenda for formal consideration. 13. Board Appointment: Racial Equity in Policing Commission- Uliva Guadarrama 5 35 P m The Council will interview Uliva Guadarrama prior to considering their appointment to the Racial Equity in Policing Commission for a term ending December 30, 2024. Interview held. Council Member Mano said Uliva Guadarrama's name was on the Consent Agenda for formal consideration. 14. Board Appointment: Racial Equity in Policing Commission- Olivia Joylani Kavapalu 5 35 P m The Council will interview Olivia Joylani Kavapalu prior to considering their appointment to the Racial Equity in Policing Commission for a term ending December 30, 2024. Interview held. Council Member Mano said Olivia Joylani Kavapalu's name was on the Consent Agenda for formal consideration. Standing Items 15. Report of the Chair and Vice Chair Report of Chair and Vice Chair. Minutes: Item not held. 8 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 16. Report�d Announcements from the Executive Director _ Report of�the Executive Director,including a review of Council information items and announcements.The Council may give feedback or staff direction on any item related to City Council business,including but not limited to scheduling items. Minutes: Item not held. 17. Tentative Closed Sessio The Council will consider a motion to enter into Closed Session.A closed meeting described under Section 52-4-205 may be held for specific purposes including,but not limited to: a. discussion of the character,professional competence, or physical or mental health of an individual; b. strategy sessions to discuss collective bargaining; c. strategy sessions to discuss pending or reasonably imminent litigation; 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; 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) 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; f. discussion regarding deployment of security personnel,devices,or systems; and 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 and Public Meetings Act. Minutes: Closed Session Started at 5:51 pm Held via Webex and in the Work Session Room(location) Council Members in Attendance: Council Members Dugan, Fowler, Petro, Puy,Mano, Wharton. 9 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 City Staff in Attendance: Katherine Lewis, Rachel Otto, Cindy Gust-Jenson,Jennifer Bruno, Rachel Otto,Mike Lee, Boyd Ferguson,Tracey Fletcher, Ben Luedtke,Allison Rowland, Sam Owen,Allison Parks,Mark Kittrell, Sara Montoya,Jaysen Oldroyd, Lehua Weaver, Scott Corpany,Taylor Hill, and Cindy Lou Trishman Closed Session ended at 7:05 pm Motion: Moved by Council Member Fowler, seconded by Council Member Dugan to enter into Closed Session for the purposes of attorney-client matters. AYE:Victoria Petro, Daniel Dugan,Amy Fowler, Chris Wharton,Alejandro Puy, Darin Mano ABSENT:Ana Valdemoros Final Result: 6 — o Pass Motion: Moved by Council Member Fowler, seconded by Council Member Dugan to exit the Closed Session. AYE:Victoria Petro, Daniel Dugan,Amy Fowler, Chris Wharton,Alejandro Puy, Darin Mano ABSENT:Ana Valdemoros Final Result: 6— o Pass 10 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, January 17, 2023 Meeting adjourned at 7:05 pm. Minutes Approved: City Council Chair— Darin Mano City Recorder—Cindy Trishman Please refer to Meeting Materials (available at www.data.slc.gov by selecting Public Body Minutes)for supportive content including electronic recordings and comments submitted prior to or during the meeting.Websites listed within the body of the Minutes may not remain active indefinitely. This document along with the digital recording constitutes the official minutes of the City Council Work Session meeting held Tuesday,January 17, 2023 and is not intended to serve as a full transcript. Please refer to the electronic recording for entire content pursuant to Utah Code §52-4-203. 11 Item 131 •••• ' "'z MOTION SHEET _ CITY COUNCIL of SALT LAKE CITY ivy ii� •_'t°'.-• ii � I�'� iip TO: City Council Members FROM: Nick Tarbet Policy Analyst DATE: April 4,2023 RE: Text Amendment: Homeless Resource Centers/Shelters PLNPCM2022-oio68 MOTION i— continue I move the council continue the public hearing to a future Council meeting. MOTION 2 — close and defer I move the Council close the public hearing and defer action to a future Council meeting. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCIL.COM P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY 4.,,,. '%,nui %`````,• TO: City Council Members PROJECT TIMELINE: Briefing:March 21,2023 FROM: Nick Tarbet,Policy Analyst Set Date:March 7,2023 DATE: April 4, 2023 Public Hearing:April 4,2023 Potential Action: Tentative April RE: Text Amendment: Homeless Resource 18,2023 Centers/Shelters PLNPCM2022-01o68 To follow this topic visit the following Council website New Information During the March 21 work session briefing the Council requested the following changes to the draft ordinance be made. Planning and the Attorney's Office updated the ordinance to reflect this direction. 1. Remove the 4o-bed/conditional use in zones with residential use as recommended by the Planning Commission. (Deleted from draft ordinance) 2. Add a requirement to report back to the Council after CEPTD review. (page 2, lined 48-52) • Reporting Requirements after Overlay adoption: Council may consider budgetary assistance in meeting security needs identified by the provider or by the city which may impact the homeless resource center or its surroundings. Any needs identified after the CEPTED review or otherwise should be submitted to the City Council by February 151h of each calendar year. 3. Include a requirement to report on effectiveness of CEPTED, Security plan. (page 4, line 139-140) • A review and analysis of the CEPTED controls on site and the Security and operations plan identifying any deficiencies. 4. The Council will hold a public hearing within go days of receiving the transmittal, put on for action within a reasonable timeline after the public hearing (Page io, Lines 367-369) • G. City Council Hearing: The City Council shall schedule and hold a public hearing to consider the proposed amendment in accordance with the standards and procedures for conduct of the public hearing set forth in chapter 21 A.10, "General Application And Public Hearing Procedures", of this title within 90 days of receipt of the administration's Transmittal. • H. City Council Decision: Following the hearing, the City Council within a reasonable time frame may adopt the proposed amendment, adopt the proposed amendment with modifications, or deny the proposed amendment. However, no additional land may be zoned to a different classification than was contained in the public notice, and no land may be rezoned to a less restricted classification, without new notice and hearing. 5. Potential Legislative Action CEPTED - give zoning administrator ability to review CEPTED for other similar type uses to HRCs/Shelters. i. Because this is not within the scope of the petition, staff will prepare a legislative Action for the Council to consider adopting to initiate a petition. ii. Draft Legislative Intent 1. I move the Council initiate a zoning petition requesting the Administration research and develop a proposal to give the zoning administrator the ability to require and review CEPTED standards for other uses related to homeless services. Additionally, the Administration noted an additional change for the Council to consider including in the final ordinance. The one mile suggestion is included because it is reflective the distance requirement for prioritized overflow shelters in state code (HB499 line 807). Is the Council supportive of making this change? Current proposal(page 13, line 447) 5. The proximity to other homeless resource centers. Consideration (to mirror prioritized winter overflow in state code) 5. The proximity is at least one mile from other homeless resource centers. The public hearing was set for April 4. The following information was provided for the March 21 work session briefing.R is provided again for background purposes ISSUE AT-A-GLANCE Page 2 The City Council will be briefed on a proposal that would establish a process for approving future Homeless Resource Centers(HRC),create a Homeless Resource Center Overlay Zoning District,adopt provisions for temporary and seasonal homeless resource centers,modify existing standards for homeless resource centers(defined as up to 200 people)and homeless shelters and make other necessary changes.Seepages 3-5.for a detailed overview of the proposed process. This petition was initiated by the City Council on March 22, 2022 through Ordinance 1.0 of 2022.That ordinance was adopted in conjunction with Ordinance 1,A of 2022.Ordinance 15A removed HRCs/Shelters from the City's Land Use Tables. Ordinance 15B implemented a future date certain that HRC/Shelters would again be allowed in in the zones they were currently located(CG, D2 and D3),unless it was repealed due to the preferred changes that were being drafted by Planning staff. If the Council does not adopt an updated ordinance by May 3, 2023,Ordinance 15B of 2022 will go into effect.This would return the city's zoning ordinance to the standards outlined in code prior to the mayor initiating changes to the HRC and Shelter sections of city code in October 2021. On March 7, 2023 the Council set the public hearing date for April 4, 2023. According to the transmittal letter(pages 1-2)the City Council provided guidance on identifying a new process to establish future HRCs/Shelters with the following project goals: • Safety and welfare of those experiencing homelessness in the city. • Impact to communities when HRCs and related services are concentrated. • Impact that future HRCs have on city services. • Financial ability of service providers to comply with regulations and still provide necessary shelter and/or services. • Identifying the impacts that are the responsibility of the operator of an HRC and those impacts that should be the responsibility of others. • Avoiding inequities in the locations of HRCs and homeless shelters. Planning staff notes this petition did not intend to include a recommendation for where future HRCs/Shelters would be allowed but creates a mechanism to allow one in almost any zone city-wide. Part of the analysis of a potential HRC/shelter includes comprehensive information and review of factors for decision maker consideration to ensure the goals(safety,community impacts,city service impacts,etc)are achieved.Anyone seeking to open a facility would go through the map amendment process to apply. Essentially, all zones in the city,except for the Mi and M2,would be eligible for a facility. Pages 4-9 of the Planning Commission staff report discusses equity issues in locating future HRCs as well as potential options for an overlay. Section 3-Options outlines scenarios that could be considered when determining where to allow HRCs/Shelters in the city: • Authorizes the uses in certain zones. • Describes a geographic area of the city where the overlay would authorize the use. • Authorize the use in either of the ways listed above and add additional standards. Ultimately,the Planning Commission reviewed options but did not chose to forward a recommendation including them,they discussed and chose to recommend two other options to the Council. Planning Commission Recommendation The Planning Commission forwarded a positive recommendation to the City Council but included two recommendations in addition to the proposal from Planning.Both of these recommendations are included in the current draft of the ordinance.If the Council has concerns with either/both, the Council could elect to remove them. Page 13 • Homeless Resource Centers with up to 4o beds should be approved through the conditional use process in any zoning district with residential uses. (Staff note: This idea has not been vetted by Planning Staff) • The City Council expedite the review and approval of a requested HRC Overlay within go days of the recommendation of Planning Commission. Staff note: The Planning Commission made these additional recommendations with the comment that the process outlined in the Planning Staff proposal may be onerous and time consuming. Those additional recommendations were made with the goal of expediting processes. Policy Questions • The Council may wish to consider if the proposed ordinance sufficiently addresses the legislative action adopted by the Council on March 22, 2o22: o I further move the Council approve a Legislative Intent,urging the Administration to include in their review process for Parts 2 and 3 of the HRC/Shelter text amendment petition,recommendations to promote geographic equity of HRCs/Shelters by expanding the zoning districts where they are allowed in the city. • The Council may wish to discuss with the Administration how recent changes to state legislation impacts this proposal. • Some Council Members have raised questions about allowing existing HRC/Shelters additional flexibility to increase their maximum occupancy throughout the year or during extreme weather conditions. ■ Existing HRC/Shelters had a maximum occupancy of 200 individuals approved through the conditional use approvals. ■ The draft ordinance retains the maximum occupancy of 200 individuals through the overlay adoption process. o Considering the addition of allowing temporary shelters with the draft proposal,does the Council wish to consider other circumstances that could be included in City ordinance to give flexibility to the maximum occupancy of the existing HRCs? • Does the Council support including the two additional recommendations provided by the Planning Commission? o Homeless Resource Centers with up to 4o beds would be approved through the conditional use process in any zoning district with residential uses. ■ Planning staff noted in the Transmittal letter they have not had the opportunity to research any anticipated impacts related to HRCs with an occupancy of 40 people. This may have unintended consequences that are unknown at this time.(Transmittal Letter,Page 4) ■ Additionally, some community groups have contacted Council Members expressing concerns about this proposal. They state that 40 is an arbitrary and too large of a potential occupancy; they have asked the Council to reject this proposal due to the impact it may have on communities and neighborhoods. • This language is in the draft ordinance the Council is considering. o The City Council expedite the review and approval of a requested HRC Overlay within go days of the recommendation of Planning Commission. • This language is in the draft ordinance the Council is considering. Page 14 Process of Proposed Zoning Amendment Any future HRC or emergency shelter would require a zoning map amendment to apply the overlay.Once the HRC Overlay is mapped,a new HRC would be a permitted use. • A service provider would be required to submit a zoning map amendment application.This process requires a 45-day public input period, and at least one public hearing with the Planning Commission and a public hearing with the City Council. • This proposal includes a mandatory timeline associated with scheduling of public hearings with the Planning Commission to streamline the approval process. • In addition to the condensed timeline,staff integrated a requirement that the service provider must conduct engagement with individuals experiencing homelessness. • The public notification to property owners and tenants was increased from 300'to 450'to ensure that the broader community is informed of future HRC requests. Page 3 of the December 14, 2022, Planning Commission staff reports includes the following chart that shows the process for the proposed HRC overlay amendment: Page 15 Proposed Process OVERLAY ZONE PROCESS Zoning Map Amendment Application 45 Days of Public Input Department Input Planning commission Hearing I City Council Public Hearing 1 Approval Building Permit • The request to map the proposed HRC Overlay would require the applicant to submit the following information: (page 2, Transmittal Letter) 1. Development plans must meet the requirements of Chapter 21A.58 and the following additional detail: ■ The plans shall include all labels for the function of each room or space,both indoor and outdoor,proposed for the facility. ■ All information that demonstrates compliance with the requirements in 21A.36.350. 2. The maximum total human occupancy the proposed facility is intended to serve. 3. A detailed list of all anticipated supportive services to be offered on the property,including a description of each service,where the service will be on the property and the square footage of the area designated for each service. 4. Any anticipated funding requests made to the city to operate the facility. • City Departments will be required to compile the following information within 3o days of an application submittal: (pages 2-3, Transmittal Letter) 1. Information regarding the impact to the police department which may include any data that demonstrates the services to existing homeless resource centers located in the city,the estimated cost of providing service by the police department to existing homeless resource centers and the impact that a new homeless resource center has on the ability of the police department to provide services to other parts of the city. 2. Information regarding the impact to the fire department which may include any data that demonstrates the services to existing homeless resource centers located in the city and the estimated cost of providing service by the fire department to existing homeless resource centers and the impact that a new homeless resource center has on the ability of the fire department to provide services to other parts of the city. Page 16 3. Information regarding the number of civil enforcement cases associated with existing homeless resource centers,including the types of complaints,and the estimated impact to civil enforcement workloads and ability to provide services to other parts of the city. 4. Information regarding accessibility of the site and its impact on Public Services. 5. The city provides an updated website to provide all city departments to contact for various complaints such as graffiti,encampment clean up, enforcement issues,and any other identified city service that may address impacts on the neighborhood from HRCs. 6. Data provided by the State Homeless Management Information System and the SL Valley Coalition to End Homelessness regarding similar uses in Salt Lake County,including the total number of facilities,the total number of people who use the facilities,the number of individuals served with overnight tenancy in each facility,the average percentage of occupancy of the facilities,and the number of nights per year that the other facilities are at capacity to the extent that the information is available. 7. Data regarding the total number of beds available to people experiencing homelessness and the estimated number of people experiencing homelessness to the extent that the information is available. • Specific factors were developed for the Planning Commission and the City Council to consider when reviewing a proposed overlay amendment: 1. The anticipated benefits to people experiencing homelessness provided by the facility in the proposed location. 2. The proximity of support services that benefit people who may use the facility and the ability of people to access services from the proposed location. If services are not within walking distance of the proposed facility,consideration of a transportation plan connecting support services to the facility. 3. The ratio of homeless related services provided in Salt Lake City compared to other jurisdictions in Salt Lake County. 4. The anticipated impact to city services,including fire,police, and any other city department that would be involved in providing services to the facility and the impact,if any,to the city providing services in other parts of the city. 5. The proximity to other homeless resource centers. 6. The effectiveness of the security and operations plan provided by the petitioner to address impacts created by the homeless resource center. 7. Equity between different neighborhoods in providing HRCs and other locations of impactful land uses. High impact land uses are those land uses that produce higher levels of pollution than the permitted uses in the underlying zone,and uses that attract crime or produce public nuisances,and land uses that located by a government entity or authorized by a government entity,that is not subject to the land use regulations of the city. 8. Demonstrated compliance with the requirements of 21A.36.350. • The proposed ordinance specifically states the City Council may consider entering into a development agreement with the applicant to"address any benefit or impact that a proposed homeless resource center may have on the surroundings of the proposed location of the overlay." Vicinity Maps Page 17 Attachment B of the Planning Commission staff report included six maps that showed the location of existing HRCs,Shelters and homeless services in the city. It also includes a vicinity map for each of the existing HRCs,showing related services and shelters within one mile of each HRC/shelter. (December 14,2022,Planning Commission Staff Report,page 27) 0 WN ie *.*us e i \ Salt Lake woo = r , z e Ave 00 900 s . f P � �� \O .J 1300 5 � ��- Legend W n 170�8 �so 8 • Nir Il�.vbn FrRrinl^rwd`s.vlrra _ � O 4 -�-. • eNelhrry IM�wkq( InMJ�yus InxMWa11u1 _ _ - ----_ �� - - � - � �� 00 I.uMnlnlllr�rlr MwIrYMrrw O *g o CIO OMr.6att Mlw lrsly' ., {...1.r+rra+ei �h -.- Mao1rV (1yfw,Ar Lake OKl1VlV w.lvn f Mnu.re.vld...e - ; •,. ,� 1 OAIAr 11w n..f O Mh M.win.w ��• I f t 0 O Ille v.lbn '/ l ��yh 1+/e•Naw COIIIIMrS&111r1GOMPMd •GIYR—IM9 SdBM^G-b&Ad1MM Q uklul_skv NcA7 Of�lwrafWl/Mrl�wkYNlff� VaUlSt Gity Temporary HRCs/Shelters • Temporary HRCs/Shelters are allowed if shelters in the city are at full capacity during times when temperatures are expected to drop below 32 degrees or the heat index is above 95 degrees Fahrenheit. • A temporary shelter may be allowed in an existing building if has adequate restrooms,meets building/fire codes, a security/operations plan is submitted,and the facility meets on of the following: o is located in a zoning district that allows hotels,motels,or multi-family; o is owned by a government entity regardless of underlying zoning; or o was constructed as a hotel,motel,or other temporary lodging purpose. • A temporary shelter must also meet spacing requirement from other facilities,but those may be waived or reduced by the director of community and neighborhoods. • A temporary HRC/Shelter may only occupy a site once every four years. Public Process A summary of the public process is outlined on page 4 of the Transmittal Letter.It included a series of stakeholder meetings and focus groups with community council chairs,service providers,people experiencing homelessness and advocates,and the business community. Council Public Engagement A project website for the public to follow this issue has been posted on the Council Website.It will be updated as new information becomes available. Staff included information on this petition in the email updates and social media and sent out an email blast to stakeholders,with the days and times for the work session briefing and public hearing and links to the website. Page 19 SALT LAKE CITY ORDINANCE No. of 2023 (Adopting the Homeless Resource Center Overlay District, Adopting standards pertaining to Temporary Homeless Resource Centers,Amending the zoning text of Section 21A.36.350 and Chapter 21A.50 of the Salt Lake City Code pertaining to Homeless Resource Centers and Development Agreements, and Amending definitions in Title 2 1 A associated with the foregoing) An ordinance adopting the Homeless Resource Center Overlay District, adopting standards pertaining to Temporary Homeless Resource Centers, amending the zoning text of Section 21A.36.350 and Chapter 21A.50 of the Salt Lake City Code pertaining to Homeless Resource Centers and Development Agreements, and amending definitions in Title 2 1 A associated with the foregoing all pursuant to Petition No. PLNPCM2022-01068. WHEREAS, on December 14, 2022,the Salt Lake City Planning Commission("Planning Commission") held a public hearing on a petition submitted by the Salt Lake City Council ("City Council")to amend land use regulations pertaining to homeless resource centers (Petition No. PLNPCM2022-01068); and WHEREAS, at its December 14, 2022 meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the 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: SECTION I. Adopting Section 21A.34.160. That Section 21A.34.160 of the Salt Lake City Code shall be and hereby is adopted as follows: 21A.34.160: HOMELESS RESOURCE CENTER OVERLAY DISTRICT Purpose: The intent of the overlay is to consider the safety and welfare of those experiencing homelessness while considering the impact to city services and adjacent neighborhoods and minimize the effects on neighborhoods and populations that have traditionally been marginalized when considering locations for future homeless resource centers. A. Applicability: The process and regulations found in this chapter apply to all homeless resource centers existing prior to January 1, 2023 and any proposed homeless resource centers mapped within the city. This overlay is prohibited in the M-1 and M-2 zoning districts. B. Applying to Zoning Map: A petition to apply this overlay shall be subject to the applicable provisions of Chapter 21A.50. 1. A homeless resource center shall only be allowed if located within the Homeless Resource Center Overlay District or as otherwise allowed by this title. 2. City Council Action: In deciding to apply this overlay, the city council may consider a development agreement to address any benefit or impact that a proposed homeless resource center may have on the surroundings of the proposed location of the overlay. 3. Permitted Use: If approved by the city council, a homeless resource center shall be a permitted use within the boundary of the Homeless Resource Center Overlay District. 4. Reporting Requirements After Overlay Adoption: The city council may consider budgetary assistance in meeting security needs identified by the provider or by the city which may impact the homeless resource center or its surroundings. Any needs identified after the CPTED review or otherwise should be submitted to the city council by February 15th of each calendar year. C. Previously Approved Homeless Resource Centers and Homeless Shelters: An existing homeless resource center or homeless shelter that was approved as a conditional use prior to January 1, 2023 shall be subject to the specifics of the conditional use approval, and any subsequent modification to the approval, that were placed on the use at the time of approval, and subject to the following modification limitations: 1. Modifications to prior conditional use approval. A modification to a prior conditional use shall be subject to Section 21A.54.135. 2. Any proposed modification to an existing homeless resource center that would increase the gross floor area by either 25% or 1,000 square feet, whichever is less, may only be allowed if the city council approves a zoning map amendment applying the Homeless Resource Center Overlay District to the property on which the existing homeless resource center is located and the requirements of that overlay district are met. D. Applicability to Places of Worship. A place of worship is not required to petition for a zoning map amendment to apply this overlay provided any emergency shelter provided is part of the ecclesiastic function of the place of worship. A place of worship that provides 2 emergency shelter to people experiencing homelessness shall comply with the provisions of Section 21A.36.350. E. Complying With Standards. Any existing or proposed homeless resource center or homeless shelter shall comply with the applicable provisions of this title, including but not limited to the requirements of the underlying zoning district and Section 21A.36.350. SECTION 2. Amending the Text of Section 21A.36.350. That Section 21A.36.350 of the Salt Lake City Code shall be and hereby is amended to read as follows: 21A.36.350: STANDARDS FOR HOMELESS RESOURCE CENTERS: A. A homeless resource center or homeless shelter may be allowed pursuant to Chapter 21A.34 of this title and the requirements of this section. A homeless resource center or homeless shelter located within the city shall comply with the following regulations. Any homeless resource center or homeless shelter approved as a conditional use shall comply with these regulations and the requirements of the approved conditional use. The owner of the property where a homeless resource center or homeless shelter is located shall ensure that the operator complies with the requirements of this chapter. 1. Capacity Limit: a maximum of two hundred(200)unsheltered persons. 2. Security and Operations Plan. A plan shall be prepared by the applicant, and approved by the Salt Lake City Police Department and Division of Community and Neighborhoods, and filed with the Salt Lake City Recorder's Office. A security and operations plan shall include: a. A community relations and complaint response program that identifies specific strategies and methods designed to maintain the premises in a clean and orderly condition, minimize potential conflicts with the owners/operators and uses of neighboring properties, and prohibit unlawful behavior by occupants of the homeless resource center or homeless shelter on the site. The community relations and complaint response program shall include at least the following elements: (1) Identify a representative of the homeless resource center or homeless shelter, including the representative's name, telephone number, and email, who will meet with neighbors upon request to attempt to resolve any complaints regarding operation of the center; (2) A dedicated 24 hour telephone line for the purpose of receiving complaints; (3) Quarterly meetings with a community coordinating group,which shall be open to the public, to discuss and address concerns and issues that may be occurring as a result of the homeless resource center or homeless shelter operation. The operator may establish policies and procedures for the 3 meetings, including rules of decorum. The meetings shall be advertised at least 10 days in advance by posting notice on the operator's website and a sign posted along the public street; (4) Representatives from each of the following shall be included in the community coordinating group: (A)The homeless resource center or homeless shelter; (B)A business located within 1/4 mile of the site; (C)A resident who lives within 1/4 mile of the site; (D)A school, if any, located within 1/4 mile of the site; (E) Chair of the community council, or designee, whose boundary encompasses the site; (F) An individual who has previously received or is currently receiving services (i.e., client) from a homeless resource center or homeless shelter; and (5) A written annual report,provided on or before February 15th of each year, from the operator of the homeless resource center or homeless shelter, provided to the planning director, which shall be posted to the planning division website and which shall include the following information: (A)List of individuals who have participated in the community coordinating group meetings; (B)A summary of each community coordinating group meeting; (C)A summary of complaints received from the community by the operator of the homeless resource center or homeless shelter; and (D)An explanation of how complaints have been addressed/resolved. (E) A review and analysis of the CPTED controls on site and the security and operations plan identifying any deficiencies. b. A complaint response community relations program that includes strategies and methods designed to maintain the premises in a clean and orderly condition, minimize potential conflicts with the owners/operators and uses of neighboring property, and prohibit unlawful behavior by occupants of the homeless resource center or homeless shelter on the site or adjacent public right-of-way. c. A provision requiring a representative of the homeless resource center or homeless shelter to meet with neighbors upon request to attempt to resolve any neighborhood complaints regarding operation of the center; 4 d. A requirement for continuous on-site security, which includes professional security personnel, monitored security cameras, trained emergency responders, and emergency alert systems. e. A plan to maintain noise levels in compliance with Chapter 9.28 of this code; f. Design requirements that ensure any areas for client queuing take place strictly within an enclosed building; g. Designation of a location for smoking tobacco outdoors in conformance with State laws; h. A provision stating that any trash on the premises be collected and deposited in a trash receptacle by 6:00 A.M. the following day; i. A provision stating that portable trash receptacles on the premises be emptied daily and that other receptacles be emptied at a minimum of once per week or as needed. j. Designation of an indoor location within the site where emergency services can easily and privately provide necessary services to clients. k. Visible signage at all public entrances indicating that firearms are not permitted inside the homeless shelter. A means of detecting firearms at all public entrances and the plan to ensure an individual is physically present at all entrances when the public entrance is in use. A secure storage area for a firearm for clients of the shelter but also clear policies to not collect information on the firearm while in storage at shelter. An abandonment plan if a firearm is left at the shelter for more than 7 days,process to relinquish to a law enforcement agency for disposal. 3. The applicant shall provide building and site plans that have been reviewed by a certified CPTED (Crime Prevention Through Environmental Design)professional credentialed by the International Crime Prevention Through Environmental Design Association or similar organization. The CPTED professional shall indicate that the plans comply with CPTED principles and be approved by the Salt Lake City Police Department. The police department may recommend modification to the plans to improve the safety of the site to the zoning administrator. The zoning administrator is authorized to allow modifications to the zoning regulations listed in this section in order to improve the safety of the site when the recommended modification is not permitted by the zoning ordinance. Modifications shall be limited to the following: a. Fence height and fence design; b. Landscaping; c. Clear view distances at driveways; d. Design standards when necessary to provide privacy for the operation of the homeless resource center. 5 4. Maintenance: a. The building and site must be maintained free from graffiti, litter, garbage, and other items that constitute a nuisance; b. The building must be maintained in good repair and all property damage is repaired in a timely manner; c. All fencing,walls, paving, walkways and other site features must be maintained in good repair, and free from obstruction. 5. Building and Zoning Compliance: A homeless resource center or homeless shelter shall comply with all applicable building and zoning regulations. B. Standards for Homeless Resource Centers (Temporary 1. When Allowed: A homeless resource center(temporary) is allowed if the following situations are present in the city_ a. The existing homeless resource centers and homeless shelters in the city are at full capacity or are likely to be at full capacity due to temperatures dropping below 32 degrees or heat index above 95 degrees Fahrenheit is reasonably expected; or b. The city is required to provide emergency shelter by applicable state laws. 2. Location: A homeless resource center(temporary)may be located in existing buildings within the city if: a. The building proposed for a homeless resource center(temporary) complies with one of the following: (1) is located in a zoning district that allows hotels, motels, or multi-family dwellings; (2) is owned by a government entity regardless of underlyingzoning;oning; or (3) was constructed as a hotel, motel, or other temporary lodging purpose. b. The site contains permanent or temporary restrooms adequate for the determined occupancy load. c. The building complies with or can comply with applicable building and fire codes deemed necessary by city officials who are qualified to make such a determination. d. The building complies with the spacing requirements as may be required in Utah Code Section 35A-16-502 regulatingseparation requirements or its successor. 3. Security and Operations Plan: The operator of the facility provides the ci . with a securi . and operations plan that includes: 6 a. Contact information for a 24 hour property manager who has responsibility for administering the security and operations plan and addressing nuisances or compliance issues required by applicable laws. The contact info must be clearly posted on the site and legible to passers-by_ b. A description of the intake process for those that may be using the facility that can occur entirely within the building or on the property in a manner that does not impact public sidewalks. c. Designated smoking areas on the property that are located in areas that comply with applicable laws and are at least 30 feet from a propelty line. d. A property maintenance plan to ensure that the property is maintained free of litter and any waste. e. A vicinity maintenance plan to ensure that the properties and public space within 660 feet of the property where the facility is located are free from any litter or waste and that requires the facility operator to respond to requests from property owners or occupants of the properties within 660 feet to remove any waste, including sanitization when necessary, that can be attributed to the occupants of the facility. f. Visible signa eg at all public entrances indicating that firearms are not permitted inside the homeless shelter. A means of detecting firearms at all public entrances and the plan to ensure an individual is physically_present at all entrances when the public entrance is in use. A secure storage area for a firearm for clients of the shelter but also clear policies to not collect information on the firearm while in storage at shelter. An abandonment plan if a firearm is left at the shelter for more than 7 days, process to relinquish to a law enforcement agency for disposal. jz. Provisions that address ingress and egress to the site. The zoning administrator may require features such as fences to re ul�gress and ingress to the site. h. A requirement for continuous on-site security which includes professional security_personnel,monitored security cameras, trained emergency responders, and emergency alert systems. 4. Temporary Land Use Regulations: The city council may approve any homeless resource center(temporary)utilizing temporary land use approval authority prescribed under current laws. SECTION 3. Amending the Text of Section 21A.50.030. That Section 21A.50.350 of the Salt Lake City Code shall be and hereby is amended to read as follows: 21 A.50.03 0: INITIATION: 7 Amendments to the text of this title or to the zoning map may be initiated by filing an application for an amendment addressed to the planning commission. Applications for amendments may be initiated by the mayor, the city council, the planning commission, or the owner of the property included in the application, or the property owner's authorized agent. Applications related to H hHistoric pPreservation eOverlay dDistricts or landmark sites or the Homeless Resource Center Overlay shall be initiated as provided in eChapter 21A.34 of this title. SECTION 4. Amending the Text of Section 21A.50.040. That Section 21A.50.040 of the Sall Lake City Code shall be and hereby is amended to read as follows: 21A.50.040: PROCEDURE: An amendment to the text of this title or to the zoning map initiated by any of the methods described in sSection 21A.50.030 of this chapter shall be processed in accordance with the following procedures: A. Application: An application shall be made to the zoning administrator on a form or forms provided by the office of the zoning administrator, which shall include at least the following information: 1. A statement of the text amendment or map amendment describing the purpose for the amendment and the exact language,boundaries and zoning district; 2. Street address and legal description of the property; 3. A complete description of the proposed use of the property where appropriate; 4. Site plans drawn to scale (where applicable); and 5. Related materials or data supporting the application as may be determined by the applicant and the zoning administrator. B. Fees: The application shall be accompanied by the applicable fees shown on the Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of all fees established for providing the public notice required by eChapter 21A.10 of this title. Application and noticing fees filed by the city council,planning commission or the mayor shall not be required. Application and noticing fees filed for designation within an H hHistoric pPreservation eOverlay dDistrict or to establish a character conservation district shall not be required. C. Determination Oof Completeness: Upon receipt of an application for an amendment, the zoning administrator shall make a determination of completeness pursuant to sSection 21A.10.010, "General Application Procedures", of this title. D. Staff Report: A staff report evaluating the amendment application shall be prepared by the planning director and shall contain at least the following information: 8 1. An analysis of any factors to be considered found in this title. 2. A discussion regarding input received from the public. 3. Input from other city departments or entities who have provided comments related to the proposal. E. Planning Commission Public Hearing: The planning commission shall schedule and hold a public hearing on the completed application in accordance with the standards and procedures for conduct of the public hearing set forth in eChapter 2 IA.10, "General Application Aand Public Hearing Procedures", of this title. The following,provisions apply for petitions to amend the zoning map that are requesting to applying the Homeless Resource Center Overlay District: 1. The planning commission may hold a public hearing duringthe he required 45-day public notification period required in Section 2.60.050 of the Salt Lake City Code for zoning map amendments to apply the Homeless Resource Center Overlay District. No recommendation shall be made by the planning commission during the 45-daX notification period. 2. During the 45-day_public notification period, the petitioner shall arrange an opportunity for people who are experiencing homelessness to provide input on the proposed location of the Homeless Resource Center Overlay District. 3. Notice of the public hearing shall be sent via first class mail to property owners and tenants within 450 feet of the proposed boundaries of the petition to map the Homeless Resource Center Overlay District. 4. The petition shall be scheduled for a recommendation from the planning commission at the first regularly scheduled commission meeting following the end of the 45-day notification period. F. Planning Commission Decision: Following the public hearing, the P-planning Ecommission shall recommend approval or denial of the proposed amendment or the approval of some modification of the amendment and shall then submit its recommendation to the Ecity Ecouncil. G. City Council Hearing: The Ecity Ecouncil shall schedule and hold a public hearing to consider the proposed amendment in accordance with the standards and procedures for conduct of the public hearing set forth in eChapter 2 IA.10, "General Application Aand Public Hearing Procedures", of this title within 90 days of receipt of the administration's transmittal. H. City Council Decision: Following the hearing, the Ecity Ecouncil within a reasonable time frame may adopt the proposed amendment, adopt the proposed amendment with modifications, or deny the proposed amendment. However, no additional land may be zoned to a different classification than was contained in the public notice, and no land may be rezoned to a less restricted classification, without new notice and hearing. 9 SECTION 5. Adopting Section 21A.50.055. That Section 21A.50.055 of the Salt Lake City Code shall be and hereby is adopted to read as follows: 21A.50.055: CONSIDERATION OF AMENDMENTS APPLYING THE HOMELESS RESOURCE CENTER OVERLAY ZONING DISTRICT. A. Applicability. Any proposal to consider a petition that involves a zoning map amendment to apply the Homeless Resource Center Overlay District shall be subject to the additional requirements of this section in addition to any other requirement of this title. B. Additional Submittal Requirements. In addition to the application requirements of this chapter, the following information shall be provided by the person submitting a zoning amendment petition that includes applying the Homeless Resource Center Overlay District. 1. Development plans meetingthe requirements of Chapter 21A.58 and the following additional detail: a. The plans shall include all labels for the function of each room or space,both indoor and outdoor, proposed for the facility. b. All information that demonstrates compliance with the requirements in Section 21A.36.350. 2. The maximum total human occupancy the proposed facility is intended to serve. 3. A detailed list of all the anticipated supportive services to be offered on the property, including a description of each service, where the service will be on the prope . and the square footage of the area designated for each service. 4. Any anticipated funding requests made to the city to operate the facility. C. Information Provided by the City. After a complete application has been submitted to apply this overlay to property within the boundaries of the city, applicable city departments shall provide the planning division with the following information within 30 days. 1. Information re ag rdin the to the police department which may include any data that demonstrates the services to existing homeless resources centers located in the city, the estimated cost of providing service by the police department to existing homeless resource centers and the impact that a new homeless resource center has on the ability of the police department to provide services to other parts of the city 2. Information re ag rdin the to the fire department which may include any data that demonstrates the services to existing homeless resources centers located in the 10 city and the estimated cost of providing service by the fire department to existing homeless resource centers and the impact that a new homeless resource center has on the ability of the fire department to provide services to other parts of the city. 3. Information re ag rding the number of civil enforcement cases associated with existing homeless resource centers, includingthe he types of complaints, and the estimated impact to civil enforcement workloads and ability to provide services to other parts of the city. 4. Information regarding accessibility of the site and its impact on public services. 5. The city provides an updated website to provide any and all city departments to contact for various complaints such as graffiti, encampment clean up, enforcement issues, and any other identified city service that may address impacts on the neighborhood from homeless resource centers. 6. Data provided by the State Homeless Management Information System and the SL Valley Coalition to end homelessness regarding similar uses in Salt Lake County, including the total number of facilities, the total number of people who use the facilities, the number of individuals served with overnight tenancy in each facility, the average percentage of occupancy of the facilities, and the number of nights perms that the other facilities are at capacity to the extent that the information is available. 7. Data regarding the total number of beds available to people experiencing homelessness and the estimated number of people currently experiencing homelessness to the extent that the information is available. D. Additional Factors to Consider: In making a decision regarding a petition to map the Homeless Resource Center Overlay District, the planning commission and city council shall consider the following factors, in addition to those factors identified elsewhere in Chapter 2 IA.50: 1. The anticipated benefits to people experiencing homelessness provided by the facility in the proposed location. 2. The proximity of support services that benefit people who may use the facility and the ability of people to access services from the proposed location. If services are not within walking distance of the proposed facility, consideration of a transportation plan connecting support services to the facility. 3. The ratio of homeless related services provided in Salt Lake Ci . compared to other jurisdictions in Salt Lake County. 4. The anticipated impact to city services, including fire,police, and any other city department that would be involved in providing services to the facility and the impact, if any, to the city providing services in other parts of the city. 11 5. The proximity is at least a mile from other homeless resource centers. 6. The effectiveness of the security and operations plan provided by the petitioner to address impacts created by the homeless resource center. 7. Equity between different neighborhoods in providing homeless resource centers and other locations of impactful land uses. High impact land uses are those land uses that produce higher levels of pollution than the permitted uses in the underlying zone, land uses that attract crime or produce public nuisances, and land uses that are located by government entity or authorized by government entity and that are not subject to the land use regulations of the city. 8. Demonstrated compliance with the requirements of Section 21A.36.350. SECTION 6. Adopting Section 21A.50.065. That Section 21A.50.080 of the Salt Lake City Code shall be and hereby is adopted as follows: 21A.50.065: DEVELOPMENT AGREEMENTS. The city council may consider applying requirements through an appropriate le ag_1 agreement with a petition for a zoning amendment when the city council determines that such an agreement is necessary to increase the benefit of the proposed zoning amendment and/or to address potential impacts to city services, surrounding land uses,public safety, and the health of current and future residents, business owners, and visitors to the city. The agreement may modify any applicable requirement of this title provided the modification was proposed to and considered by the planning commission as required for any zoning amendment. Agreements that constrain the development potential or land uses of the subject property compared to what is authorized in the proposed zoning district are not required to be reviewed by the planning commission prior to consideration of the agreement. SECTION 7. Amending the Text of Section 21A.60.020. That Section 21A.60.020 of the Salt Lake City Code shall be amended to add the following term, which shall be inserted in alphabetical order: Homeless Resource Center(Temporary) SECTION 8. Amending the Text of Section 21A.62.040. That definitions of the terms "Homeless Resource Center" and"Homeless Shelter"be amended as set forth below and the term"Homeless Resource Center(Temporary)"be added to Section 2 IA.62.040 of the Salt Lake City Code, which shall be inserted in alphabetical order and shall read as follows: 12 HOMELESS RESOURCE CENTER: A building or portion thereof which contains sleeping facilities for those experiencing homeless and operates year round. The facility may contain related services such as bathing eating, laundry facilities, housing case management, medical care and treatment; behavioral and mental health counseling; employment counseling; educational instruction, and/or vocational traininj4 as defined in Utah State Code or its successor. An establishment; whieh eo i,,eatea s ,,Rive se v sueh., sleeping eating, laundry facilities, emefgeney basis for individuals expefieneing homelessness. Additional sefvices may inelu HOMELESS SHELTER: See the definition of Homeless Resource Center. An est blis men in which sleeping aceonmnodations afe provided on an emefgeney basis for-individuals meing homelessness. HOMELESS RESOURCE CENTER(Temporary): A building or portion thereof which contains sleeping facilities for no more than 150 people per night experiencing homelessness and operates for no more than 180 consecutive days or a total of 180 days in a calendar year between October I and April 30'of the following year. The facility may contain related services such as bathing eating, laundry facilities,housing case management,medical care and treatment; behavioral and mental health counseling; employment counseling; educational instruction, and/or vocational training as defined in Utah State Code or its successor. SECTION 9. 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 , 2023. CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. 13 MAYOR CITY RECORDER (SEAL) APPROVED AS TO FORM Bill No. Of 2023. Salt Lake City Attorney's Office Published: Date:-March 29, 2023 Ordinance adopting HRC Overlay(legislative)3.27.23 By: Paul C.Nielso Senior City Attorney 14 I SALT LAKE CITY ORDINANCE 2 No. of 2023 3 4 (Adopting the Homeless Resource Center Overlay District, Adopting standards pertaining to 5 Temporary Homeless Resource Centers, Amending the zoning text of Section 21A.36.350 and 6 Chapter 21A.50 of the Salt Lake City Code pertaining to Homeless Resource Centers and 7 Development Agreements, and Amending definitions in Title 2 1 A associated with the foregoing) 8 9 An ordinance adopting the Homeless Resource Center Overlay District, adopting 10 standards pertaining to Temporary Homeless Resource Centers, amending the zoning text of 11 Section 21A.36.350 and Chapter 21A.50 of the Salt Lake City Code pertaining to Homeless 12 Resource Centers and Development Agreements, and amending definitions in Title 2 1 A 13 associated with the foregoing all pursuant to Petition No. PLNPCM2022-01068. 14 WHEREAS, on December 14, 2022, the Salt Lake City Planning Commission ("Planning 15 Commission") held a public hearing on a petition submitted by the Salt Lake City Council("City 16 Council") to amend land use regulations pertaining to homeless resource centers (Petition No. 17 PLNPCM2022-01068); and 18 WHEREAS, at its December 14, 2022 meeting, the Planning Commission voted in favor 19 of forwarding a positive recommendation to the City Council on said petition; and 20 WHEREAS, after a public hearing on this matter the City Council has determined that 21 adopting this ordinance is in the city's best interests. 22 NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: 23 SECTION 1. Adopting Section 21A.34.160. That Section 21A.34.160 of the Salt Lake 24 City Code shall be and hereby is adopted as follows: 25 21A.34.160: HOMELESS RESOURCE CENTER OVERLAY DISTRICT 26 Purpose: The intent of the overlay is to consider the safety and welfare of those experiencing 27 homelessness while consideringthe he impact to city services and adjacent neighborhoods and LEGISLATIVE DRAFT 28 minimize the effects on neijzhborhoods and populations that have traditionally 29 marginalized when considering locations for future homeless resource centers. 30 A. Applicability: The process and regulations found in this chapter apply to all homeless 31 resource centers existing priorto January 1, 2023 and any proposed homeless resource 32 centers mapped within the city. This overlay is prohibited in the M-1 and M-2 zoning 33 districts. 34 35 B. Applying to Zoning Map: A petition to apply this overlay shall be subject to the 36 applicable provisions of Chapter 21A.50. 37 38 1. A homeless resource center shall only be allowed if located within the Homeless 39 Resource Center Overlay District or as otherwise allowed by this title. 40 2. City Council Action: In deciding to apply this overlay, the city council may consider 41 a development agreement to address any benefit or impact that a proposed homeless 42 resource center may have on the surroundings of the proposed location of the overla. 43 3. Permitted Use: If approved by the city council, a homeless resource center shall be a 44 permitted use within the boundary of the Homeless Resource Center Overlay District. 45 4. Reporting Requirements After Overlay Adoption: The city council may consider 46 budgetary assistance in meeting security needs identified by the provider or by the 47 city which may impact the homeless resource center or its surroundings. An. needs 48 identified after the CPTED review or otherwise should be submitted to the city 49 council by February 151h of each calendar year. 50 51 C. Previously pproved Homeless Resource Centers and Homeless Shelters: An existing 52 homeless resource center or homeless shelter that was approved as a conditional use prior 53 to January 1, 2023 shall be subject to the specifics of the conditional use approval, and 54 any subsequent modification to the approval, that were placed on the use at the time of 55 approval, and subject to the following modification limitations: 56 57 1. Modifications to prior conditional use approval. A modification to a prior conditional 58 use shall be subject to Section 21A.54.135. 59 2. Any proposed modification to an existing homeless resource center that would 60 increase the ,gross floor area by either 25% or 1,000 square feet, whichever is less, 61 may only be allowed if the city council approves a zoning map amendment applying 62 the Homeless Resource Center Overlay District to the property on which the existing 63 homeless resource center is located and the requirements of that overlay district are 64 met. 65 66 D. Applicability to Places of Worship. A place of worship is not required to petition for a 67 zoning map amendment to apply this overlay provided any emergency shelter provided is 68 part of the ecclesiastic function of the place of worship. A place of worship that provides 2 LEGISLATIVE DRAFT 69 emergency shelter to people experiencing homelessness shall comply with the provisions 70 of Section 21A.36.350. 71 72 E. Complying With Standards. Any existing or proposed homeless resource center or 73 homeless shelter shall comply with the applicable provisions of this title, including but 74 not limited to the requirements of the underlyingzoning oning district and Section 21A.36.350. 75 76 SECTION 2. Amending the Text of Section 21A.36.350. That Section 21A.36.350 of 77 the Salt Lake City Code shall be and hereby is amended to read as follows: 78 21A.36.350: REGULATIONS STANDARDS FOR HOMELESS RESOURCE 79 CENTERS AND HOMELESS SHELTERS: 80 A. A homeless resource center or homeless shelter may be allowed pursuant to Chapter 81 21A.34 of this title and the requirements of this section. A homeless resource center or 82 homeless shelter located within the city shall comply with the following regulations. Any 83 homeless resource center or homeless shelter approved as a conditional use shall comply 84 with these regulations and the requirements of the approved conditional use. The owner 85 of the property where a homeless resource center or homeless shelter is located shall 86 ensure that the operator complies with the requirements of this chapter. 87 1. Capacity Limit: the number-of homeless per-sons who may oeeupy a homeless 88 resource o-*o, f r overnight accommodations*^ a maximum of two hundred(200) 89 ,unsheltered persons. 91 92 aeeefflffl-od-atiefls for-any reason, ineluding on an ever-flow basis. 93 2. Security and Operations Plan. A seeu.;*., ^a epee- tiMs-plan shall be prepared by the 94 applicant, and approved by the Salt Lake City Police Department and Division of 95 Community and Neighborhoods DepaA.nent, ffiff*^ ^ ^a�*�^r�' o appr-oval, and 96 filed with the Salt Lake City Recorder's Office. A security and operations plan shall 97 include: 98 a. A community relations and complaint response program that identifies specific 99 strategies and methods designed to maintain the premises in a clean and orderly 100 condition, minimize potential conflicts with the owners/operators and uses of 101 neighboring propertiesy, and prohibit unlawful behavior by occupants of the 102 homeless resource center or homeless shelter on the site or-adjaeent publie right 103 may. The community relations and complaint response program shall include 104 at least the following elements: 3 LEGISLATIVE DRAFT 105 (1) Identify a representative of the homeless resource center or homeless shelter, 106 including the representative's name, telephone number, and email,who will 107 meet with neighbors upon request to attempt to resolve any neighbor-hood 108 complaints regarding operation of the center; 109 (2) A dedicated tweet-,f (24)hour telephone line for the purpose of receiving 110 complaints; 111 (3) Quarterly meetings with a community coordinating group, which shall be 112 open to the public, to discuss and address concerns and issues that may be 113 occurring as a result of the homeless resource center or homeless shelter 114 operation. The operator may establish policies and procedures for the 115 meetings, including rules of decorum. The meetings shall be advertised at 116 least tenr(10)days in advance by posting notice on the operator's website and 117 a sign posted along the public street; 118 (4) Representatives from each of the following shall be included in the 119 community coordinating group: 120 (A)The homeless resource center or homeless shelter; 121 (B)A business located within on 1/4)mile of the site; 122 (C)A resident who lives within one r(1/4)mile of the site; 123 (D)A school, if any, located within on r(1/4)mile of the site; 124 (E) Chair of the community council, or designee, whose boundary 125 encompasses the site; 126 (F) An individual who has previously received or is currently receiving 127 services (i.e., client) from a homeless resource center or homeless shelter; 128 and 129 (5) A written annual report, provided on or before February 15th of each year, 130 from the operator of the homeless resource center or homeless shelter, 131 provided to the C4ty Rplanning Ddirector, which shall be posted to the 132 planning division website —And*^ the, city counei ,rari,h e f i _h^gp aig*ri^* 133 *'-Ph^me,'Ps „*a,.of he-mP'p-s- shedffer is leeatea, and which shall 134 includes the following information: 135 (A)List of individuals who have participated in the community coordinating 136 group meetings; 137 (B)A summary of each community coordinating group meeting; 138 (C)A summary of complaints received from the community by the operator of 139 the homeless resource center or homeless shelter; and 140 (D)An explanation of how complaints have been addressed/resolved. 4 LEGISLATIVE DRAFT 141 (E) A review and analysis of the CPTED controls on site and the security and 142 operations plan identifying in_ any deficiencies. 143 b. A complaint response community relations program that includes strategies and 144 methods designed to maintain the premises in a clean and orderly condition, 145 minimize potential conflicts with the owners/operators and uses of neighboring 146 property, and prohibit unlawful behavior by occupants of the homeless resource 147 center or homeless shelter on the site or adjacent public right-of-way. 148 c. A provision requiring a representative of the homeless resource center or 149 homeless shelter to meet with neighbors upon request to attempt to resolve any 150 neighborhood complaints regarding operation of the center; 151 d. A requirement fo continuous on-site security an gene y 152 serviees, which includes professional security personnel, monitored security 153 cameras, trained emergency responders, and emergency alert systems. 154 e. A plan to maintain noise levels in compliance with titk-9-, c-Chapter 9.28 of this 155 Ecode; 156 f. Design requirements that ensure any areas for client queuing take place strictly 157 within an enclosed*'.e f otpr-i * of the pr-ineipg building and will not oeouf on any 159 g. Designation of a location for smoking tobacco outdoors in conformance with 160 State laws; 161 h. A provision stating that any trash str-ownon the premises be collected and 162 deposited in a trash receptacle by sixk(6:00)A.M. the following day; 163 ine-411ding any smoking and par4ing lot areas; 164 i. A provision stating that portable trash receptacles on the premises be emptied 165 daily and that other receptacles be emptied at a minimum of once per week or as 166 needed. 167 j. Designation of an indoor location within the site where emergency services can 168 easilyprivately provide necessary services to clients. 169 k. Visible signs eg at all public entrances indicating that firearms are not permitted 170 inside the homeless shelter. A means of detecting firearms at all public entrances 171 and the plan to ensure an individual is physically present at all entrances when the 172 public entrance is in use. A secure storage area for a firearm for clients of the 173 shelter but also clear policies to not collect information on the firearm while in 174 storage at shelter. An abandonment plan if a firearm is left at the shelter for more 175 than 7 days, process to relinquish to a law enforcement agency for disposal. 5 LEGISLATIVE DRAFT 176 177 178 s„bso,.tio n n 2. 179 3. The applicant shall rp ovi how the building and site plans that have 180 been reviewed by a certified CPTED (Crime Prevention Through Environmental 181 Design)professional credentialed by the International Crime Prevention Through 182 Environmental Design Association or similar organization. The CPTED professional 183 shall indicate that the plans comply with CPTED principles and be approved by the 184 Salt Lake City Police Department. The police department may recommend 185 modification to the plans to improve the safety of the site to the zoning administrator. 186 The zoning administrator is authorized to allow modifications to the zoning 187 regulations listed in this section in order to improve the safety of the site when the 188 recommended modification is not permitted by the zoning ordinance. Modifications 189 shall be limited to the following:is designed to „ oat ^ o b-asoa ^„ the following 190 pr-ineiples. However-, the nl g Mayo v ,t; , ,.f tl,e 191 proposed building and site plans if it that the plan-s do HA-t 1-44-IffiCie-141Y 192 ,aa,o�� o �, of these P ples: 193 a. Fence height and fence design; 194 b. Landscaping; 195 c. Clear view distances at driveway 196 d. Design standards when necessai_y to provide privacy for the operation of the 197 homeless resource center. 198 199 200 that iiow people inside the building t ii exto,.;-of of the site. 201 , and a6eess points 202 from public streets and sidewalks to the building; 203 204 ^f A-R P--, -fq-A-t oa c p a r-k i n g 1 o t ssh i i bo ;i i,,.,,;„ t€d ate 205 -r ting of thfoo (3) foot ooafldleas. 206 (B)Exterior-lighting shall be shiekled to eot4fol light pollution and pr-evet4 207 glafe, and utilize figl#emitting diodes or-metal halide fila-m 208 209 spaeos OF bloov sight linpos i.at,,,vor the building, „ he s o .-king 210 andlandsoapea areas. 211 hh. Nat4-1r-all Aeoesry-Contfe� 6 LEGISLATIVE DRAFT 212 213 building CH4F HOOS. 214 (2) Walkways e pr-ovided t guide people from 4ie,.,,,king a s to pr-imafy 215 building e t,- 216 , of!other means are-used to g1l 218 (4) All walkways ays v pr-ope-ly;lluffl-,,,,tvd Mind ,ll fl-lu -ift t;A,,, otn the site ; 219 -l„aldod t diFPOOUt l;,.l,t d ,.d away f om neighboring r pe ft;as. 220 . 221 TeViRr t-A-F a-1 222 (1) T a dseaped areas along perimeter-of the site, hieh-are--, Hot visible 223 , 224 heufs-; 225 (2) nafkiag ffir- ea,Mr-ea,d A,,ts;do fda.,1ig ht 1,our-s; 226 (3) A d-eeeF-Ative fflasofff Y w he of six feet high shall bee 227 -provided " i io-r--Side, iffin-d-F-P-a—ar lot 1-ifiess —And U-14--at rVomplies with all required site distanee 228 (6') may be required as 229 230 ; 231 (4) n fence no taller than three feet (3') high, and does not or-e-ate a visible 232 , shall be plaeod the, fifeat pr-opeFt�,lifie, to -m---ArA-c-flh-e, tFam-n-sitin-m-n-ffom public space to 233 , 234 (5) iif not require a landseape buffer-, the Planning 235 236 . 237 238 4. Maintenance: 239 (O . The building and site must beams maintained free from graffiti, litter, 240 garbage, and other items that constitute a nuisance; 241 R) . The building must bei-s maintained in good repair and all property damage 242 is repaired in a timely manner; 243 (3)c. All fencing,walls, paving, walkways and other site features must beams 244 maintained in good repair, and free from obstruction. 7 LEGISLATIVE DRAFT 245 e-.5. Building Aand Zoning Compliance: A homeless resource center or homeless 246 shelter shall comply with all applicable building and zoning regulations. 247 B. Standards for Homeless Resource Centers (Temporary) 248 1. When Allowed: A homeless resource center(temporary) is allowed if the following 249 situations are present in the city: 250 a. The existing homeless resource centers and homeless shelters in the city are at full 251 capacity or are likely to be at full capacity due to temperatures dropping below 32 252 degrees or heat index above 95 degrees Fahrenheit is reasonably expected; or 253 b. The city. inquired to provide emergency shelter by applicable state laws. 254 2. Location: A homeless resource center(temporM) mgy be located in existing 255 buildings within the city if: 256 a. The building proposed for a homeless resource center(temporary) complies with 257 one of the following: 258 (1) is located in a zoning district that allows hotels, motels, or multi-family 259 dwellings; 260 (2) is owned by a government entity regardless of underlyingzoning;oning; or 261 (3) was constructed as a hotel, motel, or other temporary lodging purpose. 262 b. The site contains permanent or temporary restrooms adequate for the determined 263 occupancy. l 264 c. The building complies with or can comply with applicable building and fire codes 265 deemed necessary city officials who are qualified to make such a 266 determination. 267 d. The building complies with the spacing requirements as ma.. b�quired in Utah 268 Code Section 35A-16-502 regulating separation requirements or its successor. 269 3. Securi . and Operations Plan: The operator of the facility_provides the city with a 270 security and operations plan that includes: 271 a. Contact information for a 24 hour property manager who has responsibility for 272 administering the security. a�perations plan and addressing nuisances or 273 compliance issues required by applicable laws. The contact info must be clearly 274 posted on the site and legible to passers-by_ 275 b. A description of the intake process for those that may be using the facility that can 276 occur entirely within the building or on the property in a manner that does not 277 impact public sidewalks. 8 LEGISLATIVE DRAFT 278 c. Designated smoking areas on the property that are located in areas that comply 279 with applicable laws and are at least 30 feet from a grope . line. 280 d. A property maintenance plan to ensure that the property is maintained free of 281 litter and any waste. 282 e. A vicinity maintenance plan to ensure that the properties and public space within 283 660 feet of the property where the facility is located are free from any litter or 284 waste and that requires the facility operator to respond to requests from property 285 owners or occupants of the properties within 660 feet to remove any waste, 286 including sanitization when necessary, that can be attributed to the occupants of 287 the facility. 288 f. Visible signs eg at all public entrances indicating that firearms are not permitted 289 inside the homeless shelter. A means of detecting firearms at all public entrances 290 and the plan to ensure an individual is physically present at all entrances when the 291 public entrance is in use. A secure storage area for a firearm for clients of the 292 shelter but also clear policies to not collect information on the firearm while in 293 storage at shelter. An abandonment plan if a firearm is left at the shelter for more 294 than 7 days, process to relinquish to a law enforcement agency for disposal. 295 g. Provisions that address ingress and egress to the site. The zoning administrator 296 may require features such as fences to regulate egress and ingress to the site. 297 h. A requirement for continuous on-site security which includes professional 298 security_personnel,monitored security cameras, trained emergency responders, 299 and emergency ay lert systems. 300 4. Temporary Land Use Regulations: The city council may approve any homeless 301 resource center(temporary)utilizing temporary land use approval authority 302 prescribed under current laws. 303 304 SECTION 3. Amending the Text of Section 21A.50.030. That Section 21A.50.350 of 305 the Salt Lake City Code shall be and hereby is amended to read as follows: 306 21A.50.030: INITIATION: 307 Amendments to the text of this title or to the zoning map may be initiated by filing an 308 application for an amendment addressed to the planning commission. Applications for 309 amendments may be initiated by the mayor, the city council, the planning commission, or the 310 owner of the property included in the application, or the property owner's authorized agent. 311 Applications related to H hHistoric pPreservation oOverlay dDistricts or landmark sites or 312 the Homeless Resource Center Overlay shall be initiated as provided in eChapter 21A.34 of 313 this title. 314 9 LEGISLATIVE DRAFT 315 SECTION 4. Amending the Text of Section 21A.50.040. That Section 21A.50.040 of 316 the Salt Lake City Code shall be and hereby is amended to read as follows: 317 21A.50.040: PROCEDURE: 318 An amendment to the text of this title or to the zoning map initiated by any of the methods 319 described in sSection 21A.50.030 of this chapter shall be processed in accordance with the 320 following procedures: 321 A. Application: An application shall be made to the zoning administrator on a form or forms 322 provided by the office of the zoning administrator, which shall include at least the 323 following information: 324 1. A statement of the text amendment or map amendment describing the purpose for the 325 amendment and the exact language, boundaries and zoning district; 326 2. Street address and legal description of the property; 327 3. A complete description of the proposed use of the property where appropriate; 328 4. Site plans drawn to scale (where applicable); and 329 5. Related materials or data supporting the application as may be determined by the 330 applicant and the zoning administrator. 331 B. Fees: The application shall be accompanied by the applicable fees shown on the Salt 332 Lake City consolidated fee schedule. The applicant shall also be responsible for payment 333 of all fees established for providing the public notice required by eChapter 21A.10 of this 334 title. Application and noticing fees filed by the city council,planning commission or the 335 mayor shall not be required. Application and noticing fees filed for designation within an 336 H hHistoric pPreservation o0verlay dDistrict or to establish a character conservation 337 district shall not be required. 338 C. Determination 9of Completeness: Upon receipt of an application for an amendment, the 339 zoning administrator shall make a determination of completeness pursuant to sSection 340 21A.10.010, "General Application Procedures", of this title. 341 D. Staff Report: A staff report evaluating the amendment application shall be prepared by 342 the planning director and shall contain at least the following information: 343 1. An analysis of any factors to be considered found in this title. 344 2. A discussion re ag rding input received from the public. 345 3. Input from other city departments or entities who have provided comments related to 346 the proposal. 347 E. Planning Commission Public Hearing: The planning commission shall schedule and hold 348 a public hearing on the completed application in accordance with the standards and 10 LEGISLATIVE DRAFT 349 procedures for conduct of the public hearing set forth in EChapter 21A.10, "General 350 Application Aand Public Hearing Procedures", of this title. The followings provisions 351 apply for petitions to amend the zoning map that are requesting to applying the Homeless 352 Resource Center Overlay District: 353 1. The planning commission may hold a public hearingduring the required 45-daX 354 public notification period required in Section 2.60.050 of the Salt Lake City Code for 355 zoning map amendments to apply the Homeless Resource Center Overlay District. No 356 recommendation shall be made by the planning commission during the 45-daX 357 notification period. 358 2. During the 45-daX_public notification period, the petitioner shall arrange an 359 opportunely for people who are experiencing homelessness to provide input on the 360 proposed location of the Homeless Resource Center Overlay District. 361 3. Notice of the public hearing shall be sent via first class mail to property owners and 362 tenants within 450 feet of the proposed boundaries of the petition to map the 363 Homeless Resource Center Overlay District. 364 4. The petition shall be scheduled for a recommendation from the planning commission 365 at the first regularly scheduled commission meeting following the end of the 45-day 366 notification period. 367 F. Planning Commission Decision: Following the public hearing, the P-planning 368 Gcommission shall recommend approval or denial of the proposed amendment or the 369 approval of some modification of the amendment and shall then submit its 370 recommendation to the Ecity Ecouncil. 371 G. City Council Hearing: The Ecity Ecouncil shall schedule and hold a public hearing to 372 consider the proposed amendment in accordance with the standards and procedures for 373 conduct of the public hearing set forth in sChapter 2 IA.10, "General Application Aand 374 Public Hearing Procedures", of this title within 90 days of receipt of the administration's 375 transmittal. 376 H. City Council Decision: Following the hearing, the Ccity Ccouncil within a reasonable 377 time frame may adopt the proposed amendment, adopt the proposed amendment with 378 modifications, or deny the proposed amendment. However, no additional land may be 379 zoned to a different classification than was contained in the public notice, and no land 380 may be rezoned to a less restricted classification, without new notice and hearing. 381 382 SECTION 5. Adopting Section 21A.50.055. That Section 21A.50.055 of the Salt Lake 383 City Code shall be and hereby is adopted to read as follows: 384 21A.50.055: CONSIDERATION OF AMENDMENTS APPLYING THE HOMELESS 385 RESOURCE CENTER OVERLAY ZONING DISTRICT. 11 LEGISLATIVE DRAFT 386 A. Applicability. Any proposal to consider a petition that involves a zoning map 387 amendment to apply the Homeless Resource Center Overlay District shall be subject to 388 the additional requirements of this section in addition to any other requirement of this 389 title. 390 391 B. Additional Submittal Requirements. In addition to the application requirements of this 392 chapter, the following information shall be provided by the person submitting a zoning 393 amendment petition that includes applying the Homeless Resource Center Overlay 394 District. 395 1. Development plans meeting the requirements of Chapter 21A.58 and the following 396 additional detail: 397 a. The plans shall include all labels for the function of each room or space, both 398 indoor and outdoor,proposed for the facility. 399 b. All information that demonstrates compliance with the requirements in Section 400 21A.36.350. 401 2. The maximum total human occupancy the proposed facility is intended to serve. 402 3. A detailed list of all the anticipated supportive services to be offered on the property, 403 including a description of each service, where the service will be on the property and 404 the square footage of the area designated for each service. 405 4. An.. anticipated funding requests made to the city to operate the facility_ 406 C. Information Provided by the City. After a complete application has been submitted to 407 apply this overlay to property within the boundaries of the city, applicable city 408 departments shall provide the planning division with the following information within 30 409 days. 410 1. Information regardingthe he impact to the police department which may include any 411 data that demonstrates the services to existing homeless resources centers located in 412 the city, the estimated cost of providing service by the police department to existing 413 homeless resource centers and the impact that a new homeless resource center has on 414 the ability of the police department to provide services to other parts of the city. 415 416 2. Information regardingthe he impact to the fire department which may include any data 417 that demonstrates the services to existing homeless resources centers located in the 418 city and the estimated cost of providing service by the fire department to existing 419 homeless resource centers and the impact that a new homeless resource center has on 420 the ability of the fire department to provide services to other parts of the city. 421 422 3. Information regarding the number of civil enforcement cases associated with existing 423 homeless resource centers, including the types of complaints, and the estimated 424 impact to civil enforcement workloads and ability to provide services to other parts of 425 the cijy. 12 LEGISLATIVE DRAFT 426 427 4. Information re ag rding accessibility of the site and its impact on public services. 428 429 5. The city_provides an updated website to provide any and all city departments to 430 contact for various complaints such as graffiti, encampment clean up, enforcement 431 issues, and any other identified city service that may address impacts on the 432 neighborhood from homeless resource centers. 433 434 6. Data provided by the State Homeless Management Information System and the SL 435 Valley Coalition to end homelessness regarding similar uses in Salt Lake County, 436 including the total number of facilities, the total number of people who use the 437 facilities, the number of individuals served with overnight tenancy in each facility, the 438 average percentage of occupancy of the facilities, and the number of nights per year 439 that the other facilities are at capacity to the extent that the information is available. 440 441 7. Data re ag rding the total number of beds available to people experiencing 442 homelessness and the estimated number of people currently experiencing 443 homelessness to the extent that the information is available. 444 D. Additional Factors to Consider: In making a decision regarding a petition to map the 445 Homeless Resource Center Overlay District, the planning commission and city council 446 shall consider the following factors, in addition to those factors identified elsewhere in 447 Chapter 21A.50: 448 449 1. The anticipated benefits to people experiencing homelessness provided by the facility 450 in the proposed location. 451 2. The proximity of support services that benefit people who may use the facility and the 452 ability of people to access services from the proposed location. If services are not 453 within walking distance of the proposed facility, consideration of a transportation 454 plan connecting support services to the facility. 455 3. The ratio of homeless related services provided in Salt Lake City compared to other 456 jurisdictions in Salt Lake County. 457 4. The anticipated impact to city services, includingfire,ire,police, and any other city 458 department that would be involved in providing services to the facility and the 459 impact, if any, to the city providing services in other parts of the city. 460 5. The proximity is at least a mile from other homeless resource centers. 461 6. The effectiveness of the securi . and operations plan provided by the petitioner to 462 address impacts created by the homeless resource center. 463 7. Equity between different neighborhoods in providing homeless resource centers and 464 other locations of impactful land uses. High impact land uses are those land uses that 465 produce higher levels of pollution than the permitted uses in the underlying zone, land 13 LEGISLATIVE DRAFT 466 uses that attract crime or produce public nuisances, and land uses that are located by a 467 government entity or authorized by a government entity and that are not subject to the 468 land use reizulations of the city. 469 8. Demonstrated compliance with the requirements of Section 21A.36.350. 470 SECTION 6. Adopting Section 21A.50.065. That Section 21A.50.080 of the Salt Lake 471 City Code shall be and hereby is adopted as follows: 472 21A.50.065: DEVELOPMENT AGREEMENTS. 473 The city council may consider applying requirements through an appropriate legal agreement 474 with a petition for a zoning amendment when the city council determines that such an 475 agreement is necessary to increase the benefit of the proposed zoning amendment and/or to 476 address potential impacts to city services, surrounding land uses,public safety, and the health 477 of current and future residents, business owners, and visitors to the city. The agreement may 478 modify any applicable requirement of this title provided the modification was proposed to 479 and considered by the planning commission as required for an.. zoning amendment. 480 Agreements that constrain the development potential or land uses of the subject property 481 compared to what is authorized in the proposed zoning district are not required to be 482 reviewed by the planning commission prior to consideration of the agreement. 483 484 SECTION 7. Amendiniz the Text of Section 21A.60.020. That Section 21A.60.020 of 485 the Salt Lake City Code shall be amended to add the following term, which shall be inserted in 486 alphabetical order: 487 Homeless Resource Center(Temporary) 488 489 SECTION 8. Amending the Text of Section 21A.62.040. That definitions of the terms 490 "Homeless Resource Center" and"Homeless Shelter"be amended as set forth below and the 491 term"Homeless Resource Center(Temporary)"be added to Section 2 IA.62.040 of the Salt Lake 492 City Code, which shall be inserted in alphabetical order and shall read as follows: 493 HOMELESS RESOURCE CENTER: A building or portion thereof which contains sleeping 494 facilities for those experiencing homeless and operates year round. The facility may contain 495 related services such as bathing eating, laundry facilities, housing case management, medical 496 care and treatment; behavioral and mental health counseling; employment counseling; 497 educational instruction, and/or vocational training as defined in Utah State Code or its 498 successor. , 14 LEGISLATIVE DRAFT 499 , 500 501 ; 502 , and vocational tfuining. 503 HOMELESS SHELTER: See the definition of Homeless Resource Center. ^„ *^' 1-i-shfe„* 504 505 0 oBeing homelessness. 506 HOMELESS RESOURCE CENTER(Temporary): A building or portion thereof which 507 contains sleeping facilities for no more than 150 people per night experiencing homelessness 508 and operates for no more than 180 consecutive days or a total of 180 days in a calendars 509 between October 1 and April 301h of the following_year. The facility may contain related 510 services such as bathing, laundry facilities, housing case management, medical care 511 and treatment; behavioral and mental health counseling; employment counseling; educational 512 instruction, and/or vocational training as defined in Utah State Code or its successor. 513 514 SECTION 9. Effective Date. This ordinance shall become effective on the date of its 515 first publication. 516 Passed by the City Council of Salt Lake City,Utah, this day of , 517 2023. 518 519 CHAIRPERSON 520 521 ATTEST AND COUNTERSIGN: 522 523 524 CITY RECORDER 525 526 Transmitted to Mayor on 527 528 529 Mayor's Action: Approved. Vetoed. 530 531 532 MAYOR 533 534 CITY RECORDER 535 (SEAL) 15 LEGISLATIVE DRAFT 536 APPROVED AS TO FORM 537 Bill NO. Of 2023. Salt Lake CityAttorney's Office 538 Published: Date: 539 Ordinance adopting HRC Overlay(legislative)3.27.23 540 By: 541 Paul C.Nielson,Senior City Attorney 16 ERIN MENDENHALL L DEPARTMENT of COMMUNITY Mayor �' � and NEIGHBORHOODS �' =x Blake Thomas Director CITY COUNCIL TRANSMITTAL CIS (Jan 23,202310:56 MST) Date Received: 01/23/2023 Lisa Shaffer, Chief Administrative Officer Date sent to Council: 01/23/2023 TO: Salt Lake City Council DATE: January 17, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community &Neighborhoods SUBJECT: Homeless Resource Center Text Amendment STAFF CONTACT: Nick Norris, nick.norriskslc, o DOCUMENT TYPE: Ordinance RECOMMENDATION: The City Council adopt the Homeless Resource Center Overlay Text Amendment and consider the modifications recommended by Planning Commission. BUDGET IMPACT: None BACKGROUND/DISCUSSION: The proposed Homeless Resource Center(HRC) Overlay text amendment is in response to the moratorium adopted by the City Council in April of 2022, ordinance 15A of 2022. The moratorium removed HRCs and homeless shelters from the land use tables. Prior to the moratorium, HRCs were allowed as conditional uses in the D-2 (Downtown Support), D-3 (Downtown Warehouse) and CG (General Commercial)zoning districts. To ensure clear guidance on developing a new process, the council provided the following project goals: • The safety and welfare of those experiencing homelessness in the city. • The impact to communities when HRCs and related services are concentrated. • The impact that future HRCs have on city services. • The financial ability of service providers to comply with regulations and still provide necessary shelter and/or services. • Identifying the impacts that are the responsibility of the operator of an HRC and those impacts that should be the responsibility of others. 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 • Avoiding inequities in the locations of HRCs and homeless shelters. In response to the established goals, staff sought a solution with the primary purpose to protect the safety and welfare of those experiencing homelessness within Salt Lake City. The developed proposal is the Homeless Resource Center Overlay Zoning District. The proposed HRC Overlay establishes regulations for future homeless resource centers and homeless shelters. Any future HRC or emergency shelter would require a zoning map amendment to apply the overlay. Once the HRC Overlay is mapped, a new HRC would be a permitted use. In order to address many of the comments and concerns provided by the public and city departments, the request to map the proposed HRC Overlay requires a great deal of information provided by the service provider, impacted city departments and the Director of Homeless Policy and Outreach associated with the Administration. The following information outlines the requirements and the process associated with the proposed HRC Overlay. The service provider is required to provide the listed information upon submittal to apply the HRC Overlay to a specific property. 1. Development plans must meet the requirements of chapter 21A.58 and the following additional detail: a. The plans shall include all labels for the function of each room or space, both indoor and outdoor, proposed for the facility. b. All information that demonstrates compliance with the requirements in 21A.36.350. 2. The maximum total human occupancy the proposed facility is intended to serve. 3. A detailed list of all anticipated supportive services to be offered on the property, including a description of each service, where the service will be on the property and the square footage of the area designated for each service. 4. Any anticipated funding requests made to the city to operate the facility. As part of the application process, staff and applicable city departments are required to compile the following information within 30 days of the application submittal. 1. Information regarding the impact to the police department which may include any data that demonstrates the services to existing homeless resource centers located in the city, the estimated cost of providing service by the police department to existing homeless resource centers and the impact that a new homeless resource center has on the ability of the police department to provide services to other parts of the city. 2. Information regarding the impact to the fire department which may include any data that demonstrates the services to existing homeless resource centers located in the city and the estimated cost of providing service by the fire department to existing homeless resource centers and the impact that a new homeless resource center has on the ability of the fire department to provide services to other parts of the city. 3. Information regarding the number of civil enforcement cases associated with existing homeless resource centers, including the types of complaints, and the estimated impact to civil enforcement workloads and ability to provide services to other parts of the city. 4. Information regarding accessibility of the site and its impact on Public Services. 5. The city provides an updated website to provide any and all city departments to contact for various complaints such as graffiti, encampment clean up, enforcement issues, and any other identified city service that may address impacts on the neighborhood from HRCs. 6. Data provided by the State Homeless Management Information System and the SL Valley Coalition to end homelessness regarding similar uses in Salt Lake County, including the total number of facilities, the total number of people who use the facilities, the number of individuals served with overnight tenancy in each facility, the average percentage of occupancy of the facilities, and the number of nights per year that the other facilities are at capacity to the extent that the information is available. 7. Data regarding the total number of beds available to people experiencing homelessness and the estimated number of people experiencing homelessness to the extent that the information is available. To address many of the impacts and the concerns raised by city departments, as well as the public, staff created specific factors for the Planning Commission and the City Council to consider when applying the proposed overlay, which include the following: 1. The anticipated benefits to people experiencing homelessness provided by the facility in the proposed location. 2. The proximity of support services that benefit people who may use the facility and the ability of people to access services from the proposed location. If services are not within walking distance of the proposed facility, consideration of a transportation plan connecting support services to the facility. 3. The ratio of homeless related services provided in Salt Lake City compared to other jurisdictions in Salt Lake County. 4. The anticipated impact to city services, including fire, police, and any other city department that would be involved in providing services to the facility and the impact, if any, to the city providing services in other parts of the city. 5. The proximity to other homeless resource centers. 6. The effectiveness of the security and operations plan provided by the petitioner to address impacts created by the homeless resource center. 7. Equity between different neighborhoods in providing HRCs and other locations of impactful land uses. High impact land uses are those land uses that produce higher levels of pollution than the permitted uses in the underlying zone, and uses that attract crime or produce public nuisances, and land uses that located by a government entity or authorized by a government entity, that is not subject to the land use regulations of the city. 8. Demonstrated compliance with the requirements of 21A.36.350. A request to map the HRC Overlay, the service provider would be required to submit a zoning map amendment application. This process requires a 45-day public input period, and at least one public hearing with the Planning Commission and a public hearing with the City Council. This proposal includes a mandatory timeline associated with scheduling of public hearings with the Planning Commission to streamline the approval process. In addition to the condensed timeline, staff integrated a requirement that the service provider must conduct engagement with individuals experiencing homelessness. Additionally, staff increased the public notification to property owners and tenants from 300' to 450' to ensure that the broader community is informed of future HRC requests. Planning Commission Recommendation The Planning Commission provided a positive recommendation on the proposed HRC Overlay with two additional recommendations, which are included in the attached ordinance. The Planning Commission recommends the following language be adopted by the City Council: • Homeless Resource Centers with up to 40 beds be approved through the conditional use process in any zoning district with residential uses. • The City Council expedite the review and approval of a requested HRC Overlay within 90 days of the recommendation of Planning Commission. Regarding the first recommendation, staff has not had the opportunity to research any anticipated impacts related to HRCs with an occupancy of 40 people. This may have unintended consequences that are unknown at this time. PUBLIC PROCESS: Planning Staff conducted a series of stakeholder meetings, in order to gain valuable input on current impacts and a future amendment. The series of stakeholder meetings informed the HRC Overlay proposal. • June 16, 2022—Focus Group: Community Council Chairs • July 5, 2022—Focus Group: Advocates for People Experiencing Homelessness • July 6, 2022—Focus Group: Service Providers • July 25, 2022—Focus Group: Business Community • July and August—Allison Dupler(Homeless Strategies and Outreach Coordinator in Mayor's Office)met with people experiencing homelessness at both HRCs, the Rescue Mission, and Nomad Alliance supply drive. A total of 68 people (54 sheltered, 14 unsheltered)provided input. • Facebook Live Event: November 1, 2022 • Open House: November 10, 2022 • Online Open House: October 15th-November 30th.The required 45-day public input period was noticed on October 14th and ended on November 30th, 2022. Input and comments received during the public process were used to draft the proposal. Input has also been received during the 45-day engagement period. Most input was provided through comments entered through the project website. There were 16 comments submitted online. Three commenters indicated that they support the proposal, four indicated that they do not support the proposal, and eight indicated that they could support the proposal with modifications. These comments are included in the PC staff report for December 14, 2022. Any comments provided after the publication of the PC staff report are included in Exhibit 4. Planning Commission (PC) Records a) PC Agenda December 14, 2022 (Click to Access) b) PC Minutes December 14, 2022 (Click to Access) c) PC Staff Report December 14, 2022 (Click to Access) d) PC Agenda November 9, 2022 (Click to Access) e) PC Minutes November 9, 2022 (Click to Access) f) PC Staff Report November 9, 2022(Click to Access Report) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3) Original Petition 4) Comments Received After Publication of PC Staff Report I SALT LAKE CITY ORDINANCE 2 No. of 2023 3 4 (Adopting the Homeless Resource Center Overlay District, Adopting standards pertaining to 5 Temporary Homeless Resource Centers,Amending the zoning text of Section 21A.36.350 and 6 Chapter 21A.50 pertaining to Homeless Resource Centers and Development Agreements, and 7 Amending definitions in Title 2 1 A associated with the foregoing) 8 9 An ordinance adopting the Homeless Resource Center Overlay District, adopting 10 standards pertaining to Temporary Homeless Resource Centers, amending the zoning text of I I Section 21A.36.350 and Chapter 21A.50 pertaining to Homeless Resource Centers and 12 Development Agreements, and amending definitions in Title 2 1 A associated with the foregoing 13 all pursuant to Petition No. PLNPCM2022-01068. 14 WHEREAS, on December 14, 2022,the Salt Lake City Planning Commission("Planning 15 Commission") held a public hearing on a petition submitted by the Salt Lake City Council ("City 16 Council")to amend land use regulations pertaining to homeless resource centers (Petition No. 17 PLNPCM2022-01068); and 18 WHEREAS, at its December 14, 2022 meeting, the Planning Commission voted in favor 19 of forwarding a positive recommendation to the City Council on said petition; and 20 WHEREAS, after a public hearing on this matter the City Council has determined that 21 adopting this ordinance is in the city's best interests. 22 NOW, THEREFORE,be it ordained by the City Council of Salt Lake City,Utah: 23 SECTION I. Adopting Section 21A.34.160. That Section 21A.34.160 of the Salt Lake 24 City Code shall be and hereby is adopted as follows: 25 21A.34.160: HOMELESS RESOURCE CENTER OVERLAY DISTRICT 26 Purpose: The intent of the overlay is to consider the safety and welfare of those experiencing 27 homelessness while considering the impact to city services and adjacent neighborhoods and 28 minimize the effects on neighborhoods and populations that have traditionally been marginalized 29 when considering locations for future homeless resource centers. 30 A. Applicability: The process and regulations found in this chapter apply to all homeless 31 resource centers existing prior to January 1, 2023 and any proposed homeless resource 32 centers mapped within the city. This overlay is prohibited in the M-1 and M-2 zoning 33 districts. 34 35 B. Applying to Zoning Map: A petition to apply this overlay shall be subject to the 36 applicable provisions of 21A.50. 37 1. A homeless resource center shall only be allowed if located within the homeless 38 resource center overlay or as otherwise allowed by this title. 39 2. City Council Action: In deciding to apply this overlay, the city council may 40 consider a development agreement to address any benefit or impact that a 41 proposed homeless resource center may have on the surroundings of the proposed 42 location of the overlay. Upon receiving a recommendation from the planning 43 commission on a petition to apply this overlay the city council shall render a 44 decision on the petition within 90 days. 45 3. Permitted Use: If approved by the city council, a homeless resource center shall 46 be a permitted use within the boundary of the homeless resource center overlay 47 district. 48 49 C. A homeless resource center with an occupancy of up to 40 individuals experiencing 50 homelessness is not required to be located within the homeless resource center overlay 51 district, provided that such center is (1) located within a zoning district that permits 52 residential uses, and (2) approved pursuant to Chapter 21A.54. 53 54 D. Previously Approved Homeless Resource Centers and Homeless Shelters: An existing 55 homeless resource center or homeless shelter that was approved as a conditional use prior 56 to January 1, 2023 shall be subject to the specifics of the conditional use approval, and 57 any subsequent modification to the approval, that were placed on the use at the time of 58 approval, and subject to the following modification limitations: 59 1. Modifications to prior conditional use approval. A modification to a prior 60 conditional use shall be subject to 21A.54.135. 61 2. Any modification beyond 21A.54.135 is subject to a zoning map amendment to 62 apply this overlay. 63 64 E. Applicability to Places of Worship. A place of worship is not required to petition for a 65 zoning map amendment to apply this overlay provided any emergency shelter provided is 66 part of the ecclesiastic function of the place of worship. A place of worship that provides 67 emergency shelter to people experiencing homelessness shall comply with the provisions 68 of 21A.36.350. 69 70 F. Complying with standards. Any existing or proposed homeless resource center or 71 homeless shelter shall comply with the applicable provisions of this title, including but 72 not limited to the requirements of the underlying zoning district and section 21A.36.350. 73 SECTION 2. Amending the Text of Section 21A.36.350. That Section 21A.36.350 of 74 the Salt Lake City Code shall be and hereby is amended to read as follows: 75 21A.36.350: STANDARDS FOR HOMELESS RESOURCE CENTERS 76 A. A homeless resource center or homeless shelter may be allowed pursuant to 21A.34 of 77 this title and the requirements of this section. A homeless resource center or homeless shelter 78 located within the city shall comply with the following regulations. Any homeless resource 79 center or homeless shelter approved as a conditional use shall comply with these regulations and 80 the requirements of the approved conditional use. The owner of the property where a homeless 81 resource center or homeless shelter is located shall ensure that the operator complies with the 82 requirements of this chapter. 83 1. Capacity Limit: a maximum of two hundred(200)unsheltered persons. 84 2. Security and operations plan. A plan shall be prepared by the applicant, and 85 approved by the Salt Lake City Police Department and Community and Neighborhoods 86 Department, and filed with the Recorder's Office. A security and operations plan shall include: 87 a. A community relations and complaint response program that identifies specific 88 strategies and methods designed to maintain the premises in a clean and orderly condition, 89 minimize potential conflicts with the owners/operators and uses of neighboring properties, and 90 prohibit unlawful behavior by occupants of the homeless resource center or homeless shelter on 91 the site. The community relations and complaint response program shall include at least the 92 following elements: 93 (1) Identify a representative of the homeless resource center or homeless 94 shelter, including the representative's name,telephone number, and email,who will meet with 95 neighbors upon request to attempt to resolve any complaints regarding operation of the center; 96 (2) A dedicated 24 hour telephone line for the purpose of receiving 97 complaints; 98 (3) Quarterly meetings with a community coordinating group, which shall be 99 open to the public, to discuss and address concerns and issues that may be occurring as a result 100 of the homeless resource center or homeless shelter operation. The operator may establish 101 policies and procedures for the meetings, including rules of decorum. The meetings shall be 102 advertised at least 10 days in advance by posting notice on the operator's website and a sign 103 posted along the public street; 104 (4) Representatives from each of the following shall be included in the 105 community coordinating group: 106 (A)The homeless resource center or homeless shelter; 107 (B)A business located within 1/4 mile of the site; 108 (C)A resident who lives within 1/4 mile of the site; 109 (D)A school, if any,located within 1/4 mile of the site; 110 (E) Chair of the community council, or designee, whose boundary 111 encompasses the site; 112 (F) An individual who has previously received or is currently receiving 113 services (i.e., client) from a homeless resource center or homeless shelter; and 114 (5) A written annual report,provided on or before February 15th of each year, 115 from the operator of the homeless resource center or homeless shelter,provided to the City 116 Planning Director, which shall be posted to the Planning Division website and which shall 117 include the following information: 118 (A)List of individuals who have participated in the community coordinating 119 group meetings; 120 (B)A summary of each community coordinating group meeting; 121 (C)A summary of complaints received from the community by the operator of 122 the homeless resource center or homeless shelter; and 123 (D)An explanation of how complaints have been addressed/resolved. 124 b. A complaint response community relations program that includes strategies and 125 methods designed to maintain the premises in a clean and orderly condition, minimize potential 126 conflicts with the owners/operators and uses of neighboring property, and prohibit unlawful 127 behavior by occupants of the homeless resource center or homeless shelter on the site or adjacent 128 public right-of-way. 129 c. A provision requiring a representative of the homeless resource center or 130 homeless shelter to meet with neighbors upon request to attempt to resolve any neighborhood 131 complaints regarding operation of the center; 132 d. A requirement for continuous on-site security,which includes professional 133 security personnel, monitored security cameras, trained emergency responders, and emergency 134 alert systems. 135 e. A plan to maintain noise levels in compliance with chapter 9.28 of this Code; 136 f. Design requirements that ensure any areas for client queuing take place strictly 137 within an enclosed building; 138 g. Designation of a location for smoking tobacco outdoors in conformance with 139 State laws; 140 h. A provision stating that any trash on the premises be collected and deposited in a 141 trash receptacle by 6:00 A.M. the following day; 142 i. A provision stating that portable trash receptacles on the premises be emptied 143 daily and that other receptacles be emptied at a minimum of once per week or as needed. 144 j. Designation of an indoor location within the site where emergency services can 145 easily and privately provide necessary services to clients. 146 k. Visible signage at all public entrances indicating that firearms are not permitted 147 inside the homeless shelter. A means of detecting firearms at all public entrances and the plan to 148 ensure an individual is physically present at all entrances when the public entrance is in use. A 149 secure storage area for a firearm for clients of the shelter but also clear policies to not collect 150 information on the firearm while in storage at shelter. An abandonment plan if a firearm is left at 151 the shelter for more than 7 days,process to relinquish to a law enforcement agency for disposal. 152 3. The applicant shall provide building and site plans that have been reviewed by a 153 certified CPTED (Crime Prevention Through Environmental Design)professional credentialed 154 by the International Crime Prevention Through Environmental Design Association or similar 155 organization. The CPTED professional shall indicate that the plans comply with CPTED 156 principles and be approved by the Salt Lake City Police Department. The police department may 157 recommend modification to the plans to improve the safety of the site to the zoning 158 administrator. The zoning administrator is authorized to allow modifications to the zoning 159 regulations listed in this section in order to improve the safety of the site when the recommended 160 modification is not permitted by the zoning ordinance. Modifications shall be limited to the 161 following: 162 a. Fence height and fence design; 163 b. Landscaping; 164 c. Clear view distances at driveways; 165 d. Design standards when necessary to provide privacy for the operation of the 166 homeless resource center. 167 4. Maintenance: 168 a. The building and site must be maintained free from graffiti, litter, garbage, and 169 other items that constitute a nuisance; 170 b. The building must be maintained in good repair and all property damage is 171 repaired in a timely manner; 172 c. All fencing, walls, paving, walkways and other site features must be maintained 173 in good repair, and free from obstruction. 174 5. Building And Zoning Compliance: A homeless resource center or homeless 175 shelter shall comply with all applicable building and zoning regulations. 176 B. Standards for Homeless Resource Centers (Temporary) 177 1. When Allowed: A homeless resource center(temporary) is allowed if the 178 following situations are present in the city: 179 a. The existing homeless resource centers and homeless shelters in the city are at full 180 capacity or are likely to be at full capacity due to temperatures dropping below 32 degrees or 181 heat index above 95 degrees Fahrenheit is reasonably expected; and 182 b. The city is required to provide emergency shelter by applicable state laws. 183 2. Location: A homeless resource center(temporary) may be located in existing 184 buildings within the city if: 185 a. The building proposed for a homeless resource center(temporary) complies with 186 one of the following: 187 (1) is located in a zoning district that allows hotels, motels, or multi-family 188 dwellings; 189 (2) is owned by a government entity regardless of underlying zoning; or 190 (3) was constructed as a hotel, motel, or other temporary lodging purpose. 191 b. The site contains permanent or temporary restrooms adequate for the determined 192 occupancyload. 193 c. The building complies with or can comply with applicable building and fire codes 194 deemed necessary by city officials who are qualified to make such a determination. 195 d. The building complies with the spacing requirements in Utah Code 35A-16-502 196 (11)regulating separation requirements or its successor. The separation requirement in 3 5A-16- 197 502 (11)(c) is waived upon adoption of this section by the Salt Lake City Council. The 198 requirement in 35A-16-502(11)(c)pertaining to community locations may be waived or reduced 199 by the director of community and neighborhoods department. The director of community and 200 neighborhoods department may also waive any future separation requirement that is added to 201 35A-16-502. 202 3. Security and Operations Plan: The operator of the facility provides the city with a 203 security and operations plan that includes: 204 a. Contact information for a 24 hour property manager who has responsibility for 205 administering the security and operations plan and addressing nuisances or compliance issues 206 required by applicable laws. The contact info must be clearly posted on the site and legible to 207 passers-by. 208 b. A description of the intake process for those that may be using the facility that can 209 occur entirely within the building or on the property in a manner that does not impact public 210 sidewalks. 211 c. Designated smoking areas on the property that are located in areas that comply 212 with applicable laws and are at least 30 feet from a property line. 213 d. A property maintenance plan to ensure that the property is maintained free of 214 litter and any waste. 215 e. A vicinity maintenance plan to ensure that the properties and public space within 216 660 feet of the property where the facility is located are free from any litter or waste and that 217 requires the facility operator to respond to requests from property owners or occupants of the 218 properties within 660 feet to remove any waste, including sanitization when necessary, that can 219 be attributed to the occupants of the facility. 220 £ Visible signage at all public entrances indicating that firearms are not permitted 221 inside the homeless shelter. A means of detecting firearms at all public entrances and the plan to 222 ensure an individual is physically present at all entrances when the public entrance is in use. A 223 secure storage area for a firearm for clients of the shelter but also clear policies to not collect 224 information on the firearm while in storage at shelter. An abandonment plan if a firearm is left at 225 the shelter for more than 7 days,process to relinquish to a law enforcement agency for disposal. 226 g. Provisions that address ingress and egress to the site. The zoning administrator 227 may require features such as fences to regulate egress and ingress to the site. 228 h. A requirement for continuous on-site security which includes professional 229 security personnel, monitored security cameras, trained emergency responders, and emergency 230 alert systems. 231 4. Limitations. A homeless resource center(temporary) approved under these 232 regulations may only occupy a site once every four years. 233 5. Temporary Land Use Regulations: The city council may approve any homeless 234 resource center(temporary)utilizing temporary land use approval authority prescribed under 235 current laws. 236 SECTION 3. Amending the Text of Section 21A.50.030. That Section 21A.50.350 of 237 the Salt Lake City Code shall be and hereby is amended to read as follows: 238 21A.50.030: INITIATION: 239 Amendments to the text of this title or to the zoning map may be initiated by filing an application 240 for an amendment addressed to the planning commission. Applications for amendments may be 241 initiated by the mayor, the city council, the planning commission, or the owner of the property 242 included in the application, or the property owner's authorized agent. Applications related to H 243 historic preservation overlay districts or landmark sites or the Homeless Resource Center 244 Overlay shall be initiated as provided in chapter 21A.34 of this title. 245 SECTION 4. Amending the Text of Section 21A.50.040. That Section 21A.50.040 of 246 the Salt Lake City Code shall be and hereby is amended to read as follows: 247 21A.50.040: PROCEDURE: 248 An amendment to the text of this title or to the zoning map initiated by any of the methods 249 described in section 21A.50.030 of this chapter shall be processed in accordance with the 250 following procedures: 251 A. Application: An application shall be made to the zoning administrator on a form 252 or forms provided by the office of the zoning administrator, which shall include at least the 253 following information: 254 1. A statement of the text amendment or map amendment describing the purpose for 255 the amendment and the exact language, boundaries and zoning district; 256 2. Street address and legal description of the property; 257 3. A complete description of the proposed use of the property where appropriate; 258 4. Site plans drawn to scale (where applicable); and 259 5. Related materials or data supporting the application as may be determined by the 260 applicant and the zoning administrator. 261 B. Fees: The application shall be accompanied by the applicable fees shown on the 262 Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of 263 all fees established for providing the public notice required by chapter 21A.10 of this title. 264 Application and noticing fees filed by the city council,planning commission or the mayor shall 265 not be required. Application and noticing fees filed for designation within an H historic 266 preservation overlay district or to establish a character conservation district shall not be required. 267 C. Determination Of Completeness: Upon receipt of an application for an 268 amendment, the zoning administrator shall make a determination of completeness pursuant to 269 section 21A.10.010, "General Application Procedures", of this title. 270 D. Staff Report: A staff report evaluating the amendment application shall be 271 prepared by the planning director and shall contain at least the following information: 272 1. An analysis of any factors to be considered found in this title. 273 2. A discussion regarding input received from the public. 274 3. Input from other city departments or entities who have provided comments related 275 to the proposal. 276 E. Planning Commission Public Hearing: The planning commission shall schedule 277 and hold a public hearing on the completed application in accordance with the standards and 278 procedures for conduct of the public hearing set forth in chapter 2 IA.10, "General Application 279 And Public Hearing Procedures", of this title. The following provisions apply for petitions to 280 amend the zoning map that are requesting to applying the homeless resource center overlay 281 district: 282 1. Zoning Map Amendments to locate the homeless resource center overlay can hold 283 a public hearing with the planning commission during the required 45-day public notification 284 period, as required in Section 2.60.050 of the Salt Lake City Code. No recommendation shall be 285 made by the planning commission during the 45-day notification period. 286 2. During the 45-day public notification period, the petitioner shall arrange an 287 opportunity for people who are experiencing homelessness to provide input on the proposed 288 location of the homeless resource center overlay district. 289 3. Notice of the public hearing shall be sent via first class mail to property owners 290 and tenants within 450 feet of the proposed boundaries of the petition to map the homeless 291 resource center overlay. 292 4. The petition shall be scheduled for a recommendation from the planning 293 commission at the first regularly scheduled commission meeting following the end of the 45-day 294 notification period. 295 F. Planning Commission Decision: Following the public hearing, the planning 296 commission shall recommend approval or denial of the proposed amendment or the approval of 297 some modification of the amendment and shall then submit its recommendation to the city 298 council. 299 G. City Council Hearing: The city council shall schedule and hold a public hearing to 300 consider the proposed amendment in accordance with the standards and procedures for conduct 301 of the public hearing set forth in chapter 2 IA.10, "General Application And Public Hearing 302 Procedures", of this title. 303 H. City Council Decision: Following the hearing, the city council may adopt the 304 proposed amendment, adopt the proposed amendment with modifications, or deny the proposed 305 amendment. However, no additional land may be zoned to a different classification than was 306 contained in the public notice, and no land may be rezoned to a less restricted classification, 307 without new notice and hearing. 308 SECTION 5. Adopting Section 21A.50.060. That Section 21A.50.060 of the Salt Lake 309 City Code shall be and hereby is adopted as follows: 310 21A.50.060: CONSIDERATION OF AMENDMENTS APPLYING THE HOMELESS 311 RESOURCE CENTER OVERLAY DISTRICT. 312 A. Applicability. Any proposal to consider a petition that involves a zoning map 313 amendment to apply the homeless resource center overlay district shall be subject to the 314 additional requirements of this section in addition to any other requirement of this title. 315 316 B. Additional Submittal Requirements. In addition to the application requirements of this 317 chapter, the following information shall be provided by the person submitting a zoning 318 amendment petition that includes applying the homeless resource center overlay district. 319 1. Development plans meeting the requirements of chapter 21A.58 and the following 320 additional detail: 321 a. The plans shall include all labels for the function of each room or space,both 322 indoor and outdoor,proposed for the facility. 323 b. All information that demonstrates compliance with the requirements in 324 21A.36.350. 325 2. The maximum total human occupancy the proposed facility is intended to serve. 326 3. A detailed list of all the anticipated supportive services to be offered on the 327 property, including a description of each service,where the service will be on the property and 328 the square footage of the area designated for each service. 329 4. Any anticipated funding requests made to the city to operate the facility. 330 C. Information Provided by the City. After a complete application has been submitted to 331 apply this overlay to property within the boundaries of the city, applicable city departments shall 332 provide the Planning Division with the following information within 30 days: 333 1. Information regarding the impact to the police department which may include any 334 data that demonstrates the services to existing homeless resources centers located in the city, the 335 estimated cost of providing service by the police department to existing homeless resource 336 centers and the impact that a new homeless resource center has on the ability of the police 337 department to provide services to other parts of the city. 338 339 2. Information regarding the impact to the fire department which may include any 340 data that demonstrates the services to existing homeless resources centers located in the city and 341 the estimated cost of providing service by the fire department to existing homeless resource 342 centers and the impact that a new homeless resource center has on the ability of the fire 343 department to provide services to other parts of the city. 344 345 3. Information regarding the number of civil enforcement cases associated with 346 existing homeless resource centers, including the types of complaints, and the estimated impact 347 to civil enforcement workloads and ability to provide services to other parts of the city. 348 349 4. Information regarding accessibility of the site and its impact on public services. 350 351 5. The city provides an updated website to provide any and all city departments to 352 contact for various complaints such as graffiti, encampment clean up, enforcement issues, and 353 any other identified city service that may address impacts on the neighborhood from homeless 354 resource centers. 355 356 6. Data provided by the State Homeless Management Information System and the 357 SL Valley Coalition to end homelessness regarding similar uses in Salt Lake County, including 358 the total number of facilities, the total number of people who use the facilities, the number of 359 individuals served with overnight tenancy in each facility, the average percentage of occupancy 360 of the facilities, and the number of nights per year that the other facilities are at capacity to the 361 extent that the information is available. 362 363 7. Data regarding the total number of beds available to people experiencing 364 homelessness and the estimated number of people currently experiencing homelessness to the 365 extent that the information is available. 366 D. Additional Factors to Consider: In making a decision regarding a petition to map the 367 homeless resource center overlay district, the planning commission and city council shall 368 consider the following factors, in addition to those factors identified elsewhere in 21A.50: 369 370 1. The anticipated benefits to people experiencing homelessness provided by the 371 facility in the proposed location. 372 2. The proximity of support services that benefit people who may use the facility 373 and the ability of people to access services from the proposed location. If services are not within 374 walking distance of the proposed facility, consideration of a transportation plan connecting 375 support services to the facility. 376 3. The ratio of homeless related services provided in Salt Lake City compared to 377 other jurisdictions in Salt Lake County. 378 4. The anticipated impact to city services, including fire,police, and any other city 379 department that would be involved in providing services to the facility and the impact, if any, to 380 the city providing services in other parts of the city. 381 5. The proximity to other homeless resource centers. 382 6. The effectiveness of the security and operations plan provided by the petitioner to 383 address impacts created by the homeless resource center. 384 7. Equity between different neighborhoods in providing homeless resource centers 385 and other locations of impactful land uses. High impact land uses are those land uses that 386 produce higher levels of pollution than the permitted uses in the underlying zone, land uses that 387 attract crime or produce public nuisances, and land uses that are located by a government entity 388 or authorized by a government entity and that are not subject to the land use regulations of the 389 city. 390 8. Demonstrated compliance with the requirements of 21A.36.350. 391 SECTION 6. Renumbering Section 21A.50.060. That Section 21A.50.060 "Limitation 392 on Amendments" is hereby renumbered to Section 21A.50.070 of the Salt Lake City Code. 393 SECTION T Adopting Section 21A.50.080. That Section 21A.50.080 of the Salt Lake 394 City Code shall be and hereby is adopted as follows: 395 21A.50.080: DEVELOPMENT AGREEMENTS. 396 The city council may consider applying requirements through an appropriate legal agreement 397 with a petition for a zoning amendment when the city council determines that such an agreement 398 is necessary to increase the benefit of the proposed zoning amendment and/or to address 399 potential impacts to city services, surrounding land uses,public safety, and the health of current 400 and future residents, business owners, and visitors to the city. The agreement may modify any 401 applicable requirement of this Title provided the modification was proposed to and considered 402 by the planning commission as required for any zoning amendment. Agreements that constrain 403 the development potential or land uses of the subject property compared to what is authorized in 404 the proposed zoning district are not required to be reviewed by the planning commission prior to 405 consideration of the agreement. 406 SECTION 8. Renumbering Section 21A.50.070. That Section 21A.50.070 "Appeal of 407 Decision" is hereby renumbered to Section 21A.50.090 of the Salt Lake City Code. 408 SECTION 9. Amending the Text of Section 21A.60.020. That Section 21A.60.020 of 409 the Salt Lake City Code shall be amended to include the following term: 410 Homeless Resource Center(Temporary) 411 SECTION 10. Amending the Text of Section 21A.60.040. That definitions of the terms 412 "Homeless Resource Center" and"Homeless Shelter"be amended as set forth below and the 413 term"Homeless Resource Center(Temporary)"be added to Section 21A.62.040 of the Salt Lake 414 City Code as follows: 415 HOMELESS RESOURCE CENTER: A building or portion thereof which contains sleeping 416 facilities for those experiencing homeless and operates year round. The facility may contain 417 related services such as bathing, eating, laundry facilities, housing case management, medical 418 care and treatment; behavioral and mental health counseling; employment counseling; 419 educational instruction, and/or vocational training as defined in Utah State Code or its successor. 420 HOMELESS SHELTER: See the definition of Homeless Resource Center. 421 HOMELESS RESOURCE CENTER(Temporary): A building or portion thereof which contains 422 sleeping facilities for no more than 150 people per night experiencing homelessness and operates 423 for no more than 180 consecutive days or a total of 180 days in a calendar year between October 424 1 and April 30th of the following year. The facility may contain related services such as bathing, 425 eating, laundry facilities,housing case management,medical care and treatment; behavioral and 426 mental health counseling; employment counseling; educational instruction, and/or vocational 427 training as defined in Utah State Code or its successor. 428 SECTION 11. Effective Date. This ordinance shall become effective on the date of its 429 first publication. 430 Passed by the City Council of Salt Lake City,Utah,this day of , 431 2023. 432 433 CHAIRPERSON 434 435 ATTEST AND COUNTERSIGN: 436 437 438 CITY RECORDER 439 440 Transmitted to Mayor on 441 442 443 Mayor's Action: Approved. Vetoed. 444 445 446 MAYOR 447 448 CITY RECORDER 449 (SEAL) 450 APPROVED AS TO FORM 451 Bill No. of 2023. salt Lake City Attorney's office 452 Published: Date: January 11,2023 453 Ordinance Adopting Homeless Resource overlay District By: Mw'L 454 Katherine D.Pasker,Senior City Attorney 455 456 TABLE OF CONTENTS 1) Project Chronology 2) Notice of City Council Public Hearing 3) Original Petition 4) Comments Received After Publication of PC Staff Report 1. Project Chronology PROJECT CHRONOLGY PETITIONS: PLNPCM2022-01068 June 16, 2022 Community Council Focus Group July 5, 2022 Advocates for People Experiencing Homelessness Focus Group July 6, 2022 Service Provider Focus Group July 25, 2022 Business Community Focus Group July/August 2022 Allison Dupler(Homeless Strategies and Outreach Coordinator)met with people experiencing homelessness at both HRCs, the Rescue Mission, and Nomad Alliance supply drive. A total of 68 people provided input. October 15, 2022 Online Open House from October 15th-November 30th, 2022 November 1, 2022 Facebook Live Event November 10, 2022 Open House November 9, 2022 Planning Commission Briefing December 14, 2022 Planning Commission Public Hearing 2. Notice of City Council Public Hearing NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2022-01068 On December 14, 2022, the Planning Commission held a public hearing and voted to recommend approval of the proposed Homeless Resource Center Overlay Zoning District by the City Council. A petition initiated by the City Council through Ordinance 15B of 2022 to establish a process for approving future homeless resource centers in the city,modifies existing standards for homeless resource centers and homeless shelters, and make other necessary and related modifications to Title 21A Zoning. The proposal includes adopting the Homeless Resource Center Overlay Zoning District, modifying section 21A.36.350 Standards for Homeless Resource Centers, adding provisions for temporary/seasonal homeless resource centers that incorporate recent changes to Utah Code,modifying chapter 21A.50 to add factors to consider when mapping the homeless resource center overlay and other related changes,and modifying defined terms. The City Council may amend other related chapters and sections of Title 2 1 A Zoning as part of this proposal. As part of their study,the City Council is holding an advertised public hearing to receive comments regarding the petitions. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak.The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TBD TIME: 7:00 PM PLACE: Electronic and in-person options. 451 South State Street,Room 326,Salt Lake City,Utah ** This meeting will be held via electronic means,while also providing for an in- person opportunity to attend or participate in the hearing at the City and County Building, located at 451 South State Street,Room 326,Salt Lake City,Utah. For more information,including WebEx connection information,please visit www.slc.i!ov/council/virtual-meetings. Comments may also be provided by calling the 24-Hour comment line at (801)535-7654 or sending an email to council.comments(aslc2ov.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 Kelsey Lindquist(385) 226-7227 between the hours of 8:00 a.m. and 5:00 p.m, Monday through Friday, or via email at kelsey.lindquist@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.co ,by selecting the"planning"tab and entering the petition number PLNPCM2022-01068 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 make a request, please contact the City Council Office at council.commentskslcgov.com, (801)535-7600, or relay service 711. 3. Original Petition 4. Public Comments After Publication of PC Staff Report December 14, 2022 Sugar House COMMUNITY COUNCIL TO: Salt Lake City Planning Commission FROM: Judi Short, First Vice Chair and Land Use Chair, Sugar House Community Council RE: PLNPCM2022-01068 Homeless Resource Center Code Amendments I am sorry that I cannot be in attendance at the meeting December 14. We have moved our regular Sugar House Community Council meeting to December 14 because Mayor Mendenhall is able to-be present. We agree that the use shall be suspended for 180 days. And we agree that Option 2 Equity,and Option 3 Options,should be taken through the public process. This can be resolved during the 180 days. Part of the public process should include engaging with the unsheltered residents in the city. Finances need to be a consideration when determining a site and a provider.What if you said that no HRC can be located within 1.5 miles of another HRC instead of"areas that contain an HRC" It may not always be possible to require that they don't exist in areas where these type of uses already exist. Is that one per Zoning code,one per block? You could define an area(s)where an HRC could not be mapped. You could stipulate that a zoning map amendment take no longer than 6 months from date of application to approval.You need to come up with a list of all things the HRC is responsible for,spell them out, and include things that all the other agencies are doing. Come up with a list of all the things the various agencies and HRCs are responsible for,and make them all responsible for all of it. There is a pretty good list in this staff report.This might eliminate the silos,where staff are doing their exact job description, not looking out for the whole community. Make them all responsible. Everyone is responsible for all of it,or the whole team fails.Try to locate services where the people who need it will be,to avoid extra travel time,which may be difficult to schedule and still keep the regular work schedule of that individual. Find out why some providers work, like the YWCA,while others fail. Have the good ones work to train the others. Set this up so they are all on the same team. We know with different pots of gold to fund this,that may be more difficult, but maybe all the gold goes into the same pot,and the GOLD QUEEN doles it out based on results.Then, make a list of everything people experiencing homelessness need. Decide how that will be determined,and who will monitor the success.Quarterly,get the team together to assess how it is working. I think what bothers me the most about this, is that you are arranging the deck chairs,and when you get through,you might have another ship or two, but you still haven't solved the problem. The problem is that surrounding every HRC there is chaos. People hang out outside the building. Others show up to hang out with those who are hanging out.Still more come because there might be someone in the crowd who needs a fix. And maybe some in the crowd are looking for a fix. And people throw their trash on the ground,whether it is in front of the HRS,or two blocks away, because no one is showing them that is not the expected way to behave. And the neighborhood around the HRS is not happy. Have someone assigned to talk to the neighbors. My recommendation to you is that as part of your approval process for this tonight,or next week,you come up with a deadline for when all of these various teams and providers all over the city(medical,social workers,cooks, launderers,job trainers,job providers, janitors,etc.) have a clear-cut plan in place to make this happen,with criteria to tell them if they are winning or losing. And,these criteria must be in place BEFORE the Certificate of Occupancy is issued. And then each HRC reports to the city quarterly,or twice a year. Hold people accountable. And you,as a Planning Commission,ask for reports from time to time,to find out how things are working,or not working. /Salt Lake City/Housing/Homeless/SHCC Letter to PC Homeless 2022 COMMENTS FROM SHCC REGARDING HOMELESS SHELTER TEXT AMENDMENTS I may be reading this proposal wrong, as I did it fairly quickly, but here are my thoughts: The Overlay District proposal seems to be a way to get any request for a Resource Center or Shelter to require a Zoning Text Amendment. It would not allow new Resource Centers or Shelters in any district any more as a conditional use so therefore not at all any more. I like the new requirements for any new Resource Center or Shelter as it includes all the stuff we wanted 5(or more) years ago when they were first proposed. The Overflow proposal also seems OK except for the use of an unused government building,with no limits on location, that I could discern.That might be problematic,though I think the Capitol when the Legislature is not in session is a great solution. Hope this makes sense. We can't continue to have floating overflow shelters thrown together at the last second. Lynn Schwartz Judi, I am in support of item 1, prohibiting new homeless resource centers or shelters in Salt Lake City. It will provide the city with the ability to have more control over where these facilities are located in the city. I look forward to leaming more about items 2 and 3.Thanks, Becky Davis I guess I agree with the mayors prohibition of new permanent shelters, since apparently there wasn't a way to require adequate screening of all issues before the big hubbub about the one proposed near the VOA site. But can you have homeless shelters with total elimination of problems rather than reduction? With regard to 2&3, 1 have a lot of questions. Think it's a great idea to have Andrew J come to address the issue. With regard to the temporary shelter requirements,they would seem quite stringent and expensive depending. I wonder if there were really a lot of problems when there was the temporary shelter in the old DI building. If there were, I certainly wasn't aware,and I went to the area all the time. I daresay you know if there were problems. Thea Brannon It is too complicated for me as I am not acquainted with all the issues of the current rules or changes requested, etc. I have to trust that those on the city council have carefully studied the issue and this is the best current solution and that the rules if adopted are reversible in the future if the situation changes. I would like to know Amy Fowlers views. I can voice my philosophy about the issue of homelessness. Resources should be provided by all shelters. Shelters should be dispersed in the city. Maybe Sugar House should have a shelter to spread the problem and wake people up to being a bit kinder and more human and willing to help. Other cities should provide shelters.West Valley is larger than SLC and yet they don't have one. It is a county and state issue and not just a city issue. State and county funds should come to SLC if other cities are not willing to proportionately share in the cost. Every winter we have a crisis of getting people inside. There should be a plan in place as to where this will be and it should be done in the summer and just planned for. What to do about those who don't want to come into a shelter in any weather. Many of these people are with mental health issues,fear of robbing what they have,abuse, ptsd,drugs etc. I am talking about those in the encampments in parks like Sugar House or the Jordan River Parkway. These people want to be outside with their community of neighbor campers who share a meal or protect their things. I think the city should have a sponsored campground which is much cheaper than a structure . It can have requirements for admittance, resident hosts, resources, Toilet and shower facilities, dish washing, student health clinic, policing and a place to build a warm fire. All much cheaper and acceptable than the current situation of encampments.. Community Volunteers can help, residents can clean and there can be green areas, trees, picnic tables. This is where some people feel safe and we should admit it. Homeless is a medical, social, poverty issue and there are many ways to help. Many will disagree with me but we know there are those who will not go to shelters, permanent or temporary. This issue should be addressed by those planning and developing rules for the homeless.Suzanne S. Stensaas Judi, I just have one concern about the Homeless Resource Center Amendments and maybe it's because I am unaware of how the new facilities will be paid for from the point of acquiring the land on which to build a new facility or to remodel 1 an existing facility. I know the state legislature has appropriated money to address the homeless problem in the state, but its not enough money. So entities who want to open and operate a new Homeless Resource Center could apply for federal, state or city/county funds to accomplish this as well as use donations if the entity is a non-profit organization. Under the submittal requirements, one requirement is "Identified funding sources to operate the facility and any anticipated funding requests made to the city to operate the facility" I assume some of the new resource centers will be run by government entities, so taxpayers will foot the bill. I'm concerned about private entities running into financial difficulties trying to operate homeless resource centers if they don't get grants or governmental funding that they may need to cover their financial obligations. BECKY D"IS Homeless Resource Center Zoning Cindy cromer Wed 12/14/2022 4.52 PM To:cindy cromer To members of the SLC Planning Commission Re Homeless Resource Centers-Zoning December 14, 2022 First I want to point out that my neighborhoods...Central City and Bryant....are not receiving equitable treatment. The staff report does mention the East Downtown but Central City hosts the Geraldine King HRC and both Central City and Bryant have abundant group homes, transitional housing, drug treatment facilities, and so forth. One of the many iterations of Odyssey House is next to one of my 4-plexes. The residents at the House of Hope walk past my commercial building every day. Secondly, I look at the proposed timeline for establishing possible sites with dismay. Dealing with real estate in Salt Lake is like being Captain Hook with the crocodile haunting you with tick-tock, tick-tock. I cannot imagine a seller holding his or her breath while the potential buyer goes through the process of finding out if the site will work. And the ambiguity will drain the resources of the well-intentioned organization hoping to get permission. And some of you may remember the proposal for a HRC on Simpson Avenue and the upheaval it caused in that Sugar House neighborhood. I don't see the proposed timeline working for any of the parties involved. As someone who worried about whether one of the HRCs would be located near one of my own investments, seriously worried, I cannot support the ambiguity in the location of facilities. I completed the questionnaire on-line and indicated that I didn't see the proposed timeframe working for anyone, not the seller, not the purchaser, and certainly not the residents and business owners. Listening for the tick-toc of costly time slipping away is not helpful for anyone; worrying that the biggest investment you've ever made could be undermined is very stressful. Item B2 •••• ' "'z MOTION SHEET _ CITY COUNCIL of SALT LAKE CITY ivy ii� •_'t°'.-• ii � I�'� iip TO: City Council Members FROM: Brian Fullmer Policy Analyst DATE: April 4,2023 RE: 865 South Soo East Zoning Map and Master Plan Amendment PLNPCM2022-003oi and PLNPCM2022-000302 MOTION i(close and defer) I move that the Council close the public hearing and defer action to a future Council meeting. MOTION 2 (continue hearing) I move that the Council continue the public hearing to a future Council meeting. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCIL.COM P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT �. A�� _��// •,� CITY COUNCIL of SALT LAKE CITY NBC Item Schedule: Briefing:March 7, 2023 TO: City Council Members Set Date: March 7,2023 Public Hearing: March 21, 2023, FROM: Brian Fullmer April 4,2023 Policy Analyst Potential Action:April 4,2023 DATE: April 4, 2023 RE: 865 South Soo East Zoning Map and Master Plan Amendment PLNPCM2022-00301 and PLNPCM2022-000302 PUBLIC HEARING UPDATE Three people spoke at the March 21, 2023 public hearing. One person was generally supportive of the proposal,but suggested other zoning designations might be considered.Another commenter is in favor of commercial uses on the goo South corridor but does not want to see a precedent of businesses moving to the surrounding residential areas resulting in a loss of housing. The third commenter was opposed to the proposed rezone stating she believes additional commercial uses are not needed in the area,and that the greatest need is for housing. She also remarked that the ADU discussion was not previously discussed in public, and suggested it go through the planning process.Staff note: Council Staff is working with the Attorney's Office to determine what next logistical steps might be necessary given the ADU aspect of the proposal. The Council continued the public hearing to a future meeting. The following information was provided for the March 21, 2023 public hearing.It is included again for background purposes. BRIEFING UPDATE The petitioner spoke at the March 7, 2023 Council briefing and presented new information about his desire to construct a detached Accessory Dwelling Unit(ADU)behind the existing structure on his property. Adding a residential unit on the property would satisfy housing loss mitigation requirements. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCIL.COM P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651 Planning staff noted,as currently written,the proposed ADU ordinance update would require a seven-foot landscape buffer yard where the subject parcel abuts other residential properties to the north and east. Accessory structures are not typically allowed in buffer yards,but a development agreement stipulating the ADU would be only for residential use could allow the buffer to be eliminated.Without a development agreement,the ADU could be used for any permitted use in the proposed zone.If the Council supports including a development agreement,staff will work with Planning staff and the Attorney's Office to include a condition in the final ordinance. (It should be noted that the draft ADU ordinance update is currently under Council review and has not been adopted as of the date of this report.) Ownership of an alley on the property was discussed. Planning staff later confirmed the alley is owned by the petitioner and is not a public way. The following information was provided for the March 7, 2023 Council briefing. It is included again for background purposes. The Council will be briefed about a proposal to amend the zoning map for a parcel at 865 South Soo East in City Council District Five from its current RMF-30(Residential Multi-family)zoning designation to CN (Neighborhood Commercial).Additionally,the proposal calls for amending the Central Community Master Plan future land use map from Low Density Residential to Neighborhood Commercial.The petitioner's stated objective is to convert the single-family residence to an unspecified commercial use. The property is located in the Central City Local Historic District and the house is listed as a contributing structure,which protects it from demolition without Historic Landmark Commission approval. Furthermore,a certificate of appropriateness would be required for any modifications whether the zoning designation is changed or remains the same.The house is currently used as a rental property. If approved by the Council,the amendments would result in the loss of one housing unit.A housing loss mitigation report for this property is found on pages 46-50 of the Planning Commission staff report.The petitioner opted to pay the approximately$62,00o difference between current market value of the house and replacement housing costs,provided the Council approves his requests. It should be noted the City Attorney's Office mentioned the status of the City's housing loss mitigation program is pending adoption of the City's new Thriving in Place housing initiatives. The Historic Landmark Commission reviewed the proposal at its October 6, 2022 meeting.The Commission felt conversion to a commercial use could be acceptable depending on modifications to the building. Commissioners also expressed concern about setting a precedent of converting low-density residential to commercial uses in the Central City Historic District. Comments about the proposal received by Planning staff were mixed.Those expressing support cited increased walkability and neighborhood vibrancy from a new commercial business.Those opposed were primarily concerned with increased on-street parking,privacy,noise,and preserving the historic integrity of the building. The Planning Commission reviewed these proposals at its October 26, 2022 meeting and held a public hearing. Four people spoke at the hearing or had their comments read into the record.Three were opposed citing resident displacement,housing shortage,preservation of the historic district and neighborhood Page 12 character,and parking issues. One person shared concern about additional commercial parking in the area but did not express strong support or opposition. Planning staff recommended the Planning Commission forward a negative recommendation to the City Council stating their opinion the request does not meet applicable standards of approval.The Commission voted 5-3 to forward a positive recommendation.Those opposed did not state why the voted against the motion. RNIF-30 w 0 m SR-3 RMF-30 RMF•30 y', OVER PL �. LM RMF-30 a RMF-30 RMF-30 W VAN NESS PL iW o Rio RMF-45 RS �N a RMF-45 CN RMF-30 900 S 900 S — 900 S r �I a Rd W 0s R-1-5000 R-1-5000 R•1.5000 Area zoning map with subject parcel outlined in blue.Note-the green area to the south is Liberty Park. Goal of the briefing:Review the proposed zoning and future land use map amendments, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1. Does the Council wish to discuss the tradeoff of creating additional commercial space in this area at the expense of losing a residential unit? 2. Does the Council feel additional commercial space in this area of the city could benefit the community? 3. The Council may wish to ask more about the Housing Loss Mitigation fee and the status of collecting the fees while the ordinance amendments are pending. 4. The Council may wish to ask if current residents of the property will be assisted with relocation. ADDITIONAL INFORMATION The City zoning ordinance(21A.26.02o.E)limits the maximum area of a continuously mapped CN (Neighborhood Commercial)district to go,00o square feet. Combining the abutting parcels currently zoned CN with the subject parcel would total less than 30,000 square feet,roughly one third of the maximum allowed area. Page 3 The Council is only being asked to consider rezoning the property and amending the Central Community Master Plan future land use map.No formal site plan has been submitted to the City nor is it within the scope of the Council's authority to review the plans. Because zoning of a property can outlast the life of a building,any rezoning application should be considered on the merits of changing the zoning of that property,not simply based on a potential project. KEY CONSIDERATIONS Planning staff identified four key considerations related to the proposal which are found on pages 6-14 of the Planning Commission staff report and summarized below. For the complete analysis,please see the staff report. Consideration i-Adjacent Land Uses and Zoning The subject parcel is near the northeast corner of Soo East and goo South.Abutting properties to the south are a restaurant,and butcher shop,also owned by the petitioner.A single-family dwelling is also abutting to the south.All three of these parcels are zoned CN. Liberty Park is located nearby to the south,across goo South. One of the largest structures in the area, a 70-unit apartment building,is directly west across Soo East. That property is zoned RMF-45 (Moderate/High Density Multi-Family Residential). Properties to the east, north,and northwest are zoned RMF-30 (Low Density Multi-Family Residential)as shown in the area zoning map above.Those structures are primarily single-or two-family,and small multi-family dwellings. The goo South corridor in this area includes properties zoned CN, RB (Residential Business),and RMF-30. Most land uses are low-scale commercial and residential. Planning staff noted if approved by the Council, the subject property would be the first interior of a block intersecting goo South to be zoned as a non- residential district. Consideration 2-Contributing Status of Existing Building As noted above,the existing home on this property is listed as a contributing structure in the Central City Local Historic District. Because of this it is unlikely demolition would be approved.Exterior modifications or additions would need to be approved by the Historic Landmark Commission or Planning staff.The petitioner stated he plans to adaptively reuse the building for commercial use,though no specifics have been provided as of the writing of this report. Consideration 3-How the Proposal Helps Implement City Goals and Policies Identified in Adopted Plans Planning staff reviewed how the proposed zoning map and future land use map amendments align with the following City plans: • Plan Salt Lake(2015) • Central Community Master Plan(2005) • Salt Lake City Community Preservation Plan(2012) • Growing SLC(2017) They determined the proposals are consistent with the following found in the plans. • Encourage and support local businesses and neighborhood business districts. • Reduce automobile dependency and single occupancy vehicle trips. • Support the growth of small businesses,entrepreneurship, and neighborhood business nodes. Page 14 • Support modification of existing historic resources to allow for changes in use that will encourage the use of the structure for housing or other appropriate uses in historic districts to ensure preservation of the structure. • Adaptive reuse of historic structures should be allowed for a variety of uses in appropriate locations where it is found that the negative impacts can be mitigated and where the uses do not require significant alterations to the historic integrity of the interior of the structure. • Provide for small-scale commercial uses that can be located within residential neighborhoods without having significant impact upon residential uses. • Support modification of existing historic resources to allow for changes in use that will encourage the use of the structure for housing or other appropriate uses in historic districts in an effort to ensure preservation of the structure. • Adaptive reuse of historic structures should be allowed for a variety of uses in appropriate locations where it is found that the negative impacts can be mitigated and where the uses do not require significant alterations to the historic integrity of the interior of the structure. Planning staff determined the proposals are not consistent with the following elements of the plans. • Ensure access to affordable housing citywide(including rental and very low income). • Provide accessible parks and recreation spaces within 1/2 mile of all residents. • Preserve low-density residential areas and keep them from being replaced by higher density residential and commercial uses. • Review and modify land-use and zoning regulations to reflect the affordability needs of a growing, pioneering city. • Lead in the construction of innovative housing solutions. • Support diverse and vibrant neighborhoods by aligning land use policies that promote a housing market capable of accommodating residents throughout all stages of life. Planning staff noted the proposals would change the property's zoning from one that primarily permits residential units to a zone that primarily permits commercial uses and does not allow residential uses.If the property is rezoned and changed to commercial use,it cannot be converted back to single-family residential use without another zoning change. Planning stated the following: Given the age and size of the home,it is likely a "naturally occurring"affordable unit of housing, or a housing unit that is affordable because of its characteristics rather than being restricted by covenant as affordable to households of a certain income level. Therefore, the loss of this home would also represent a loss in the city's stock of affordable housing, which is already very limited. This property is roughly 200 feet(1125 mile)away from Liberty Park.If it were converted to commercial use, that would mean one fewer household would have close access to the park... Consideration 4-Comparison of RMF-3o and CN Zoning As discussed above,the proposal is to change the zoning designation and future land use map from its current RMF-30(Residential Multi-Family)to CN(Neighborhood Business).The primary differences between the zones are what uses are allowed. RMF-3o allows a variety of housing types including single-, two-,and multi-family dwellings,along with uses typically associated with residential neighborhoods,such as gardens,parks,and places of worship. CN zoning does not allow most types of housing except mixed-use,which is a combination of residential and other uses.Most uses in the CN zone are commercial. The following tables comparing RMF-3o and CN zoning designations are found on pages 12-14 of the Planning Commission staff report.They are replicated here for convenience. Page 15 RMF-30 (Existing) CN(Proposed) Maximum Building Height 30 feet 25 feet Front Setback 20 feet 15 feet Side Setback Corner side yard:10 feet Corner side yard: 15 feet Interior: Interior:None a.Single-family and two-family dwellings: Interior lots:4 feet on one side and 10 feet on the other Corner lots:4 feet b.Single-family attached:No yard is required,however if one is provided it shall not be less than 4 feet. c.Twin home dwelling:No yard required along one side lot line.A 10- foot yard is required on the other. d.Multi-family dwelling:10 feet on each side. e.All other permitted and conditional uses:10 feet Rear Setback 25 percent of the lot depth,but not 10 feet less than 20 feet and need not exceed 25 feet Lot Size Single-family detached:5,000 SF No minimum required.Maximum lot Twin home:4,000 SF per unit size of 16,500 SF. Two-family dwelling:8,000 SF Multi-family dwelling:9,000 SF (additional lot area required for buildings with more than three units) Other permitted or conditional uses: 5,000 SF Permitted Uses Single-,two-,and multi-family Retail,offices,restaurants,other dwellings;uses associated with commercial uses,mixed use residential neighborhoods. development. NEW PERMITTED USES IN CN NEW CONDITIONAL USES IN CN Uses not permitted in RMF-3o but would be newly Uses not allowed in RMF-3o but would be allowed permitted under the proposal change to CN as a conditional use under the proposed CN zoning •Adaptive reuse of landmark site •Alcohol,bar establishment(2,500 square feet or less in •Art gallery floor area) •Artisan food production(2,500 square feet or less in floor •Animal,veterinary office area) •Bed and breakfast manor Page 16 •Bed and breakfast •Parking,off site •Bed and breakfast inn •Furniture repair shop •Clinic(medical,dental) •Vehicle,automobile repair(minor) •Commercial food preparation •Daycare center,adult •Daycare center,child •Dwelling,living quarter for caretaker or security guard •Financial institution •Governmental facility requiring special design features for security purposes •Library •Mixed use development •Mobile food business(operation on private property) •Museum •Office •Place of worship on lot less than 4 acres in size •Recreation(indoor) •Recycling collection station •Restaurant •Retail goods establishment •Plant and garden shop with outdoor sales area •Retail services establishment •Reverse vending machine •Sales and display(outdoor) •Seasonal farm stand •Studio,art PERMITTED USES INRMF-3o CONDITIONAL USES INRMF-3o NO LONGER ALLOWED IN CN NO LONGER ALLOWED IN CN Uses currently permitted in RMF-3o but would no Uses currently allowed in RMF--3o as a longer be allowed under the proposed change to conditional use but would no longer be allowed CN under the proposed change to CN •Dwelling,accessory unit •Dwelling,assisted living facility(limited •Dwelling,manufactured home capacity) •Dwelling,multi-family •Dwelling,congregate care facility(small) •Dwelling,single-family(attached) •Dwelling,group home(large) •Dwelling,single-family(detached) •Municipal service use,including City utility use •Dwelling,twin home and two-family and police and fire station •Parking,park and ride lot shared with existing use •School,seminary and religious institute •Temporary use of closed schools and churches PERMITTED USES IN BOTH RMF-3o AND CN CONDITIONAL USES IN RMF-3o Uses that are currently permitted in RMF-30 and ALSO ALLOWED IN CN Page 7 would continue Uses that are currently allowed in RMF-3o as a conditional use and would continue to be allowed as a permitted or conditional use under the proposed change to CN •Accessory use,except those otherwise •Adaptive reuse of landmark site—Becomes permitted regulated in the zoning ordinance. •Daycare center,child—Becomes permitted •Community garden •Governmental facility—Becomes permitted •Daycare,nonregistered home daycare •Place of worship on lots less •Daycare,registered home daycare or preschool •Dwelling,group home(small) •Home occupation •Open space •Park •Urban farm •Utility,building or structure •Utility,transmission wire,line,pipe,or pole Analysis of Factors Pages 35-36 of the Planning Commission staff report outlines zoning map amendment standards that should be considered as the Council reviews this proposal.The standards and findings are summarized below.Please see the Planning Commission staff report for additional information. Whether a proposed map amendment is consistent Does not comply with the purposes,goals,objectives,and policies of the city as stated through its various adopted planning documents. Whether a proposed map amendment furthers the Complies specific purpose statements of the zoning ordinance. The extent to which a proposed map amendment will Complies affect adjacent properties Whether a proposed map amendment is consistent Complies with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. The adequacy of public facilities and services Complies intended to serve the subject property,including,but not limited to,roadways,parks and recreational facilities,police and fire protection,schools, stormwater drainage systems,water supplies,and wastewater and refuse collection. City Department Review During City department and division review of the petitions,the Housing Stability Division noted the potential loss of one residential unit for non-residential use of the property and referenced housing loss mitigation. Page 8 Other responding departments and divisions did not express concerns with the proposal,but stated additional review would be needed if changes are made to the property. PROJECT CHRONOLOGY • March 24, 2022-Petition for zoning map and accompanying text amendment received by Planning Division. • April 7, 2022-Petition assigned to Michael McNamee,Principal Planner. • February 9, 2022-Information about petitions sent to Central City and Liberty Wells Community Council Chairs. o The community councils did not provide formal comments. • April 28, 2022-Early notification mailed to property owners and residents within 300'of the subject property. • April-October 2022-Project posted to the Online Open House webpage. • October 6, 2022-Historic Landmark Commission briefing. • October 12, 2022-Public hearing notice posted on property. • October 13, 2022-Public hearing notice mailed to property owners and residents within 300'of the subject property. Public hearing notice posted on City and State websites and Planning Division listserv. • October 26, 2022-Planning Commission public hearing.The Planning Commission voted to forward a positive recommendation to the City Council for the proposed master plan and zoning map amendments. • October 27, 2022-Ordinance requested from Attorney's Office. • December 8, 2022-Planning received signed ordinance from the Attorney's Office. • December 22, 2022-Transmittal received in City Council Office. Page 19 ERIN MENDENHALL L DEPARTMENT of COMMUNITY Mayor �' � and NEIGHBORHOODS �' =x Blake Thomas Director CITY COUNCIL TRANSMITTAL Li (Dec22,20 5]MST) Date Received: 12/22/2022 Lisa Shaffer, Chief Administrative Officer Date sent to Council: 12/22/2022 TO: Salt Lake City Council DATE: December 22, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community &Neighborhoods SUBJECT: 865 S 500 E Zoning Map and Master Plan Amendment (PLNPCM2022-00301 &PLNPCM2022-00302) STAFF CONTACT: Michael McNamee, Principal Planner michael.mcnamee@slc og v.com or 801-535-7226 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to approve the proposed Zoning Map and Master Plan amendment. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Rick Service, the property owner of 865 South 500 East, initiated a petition to amend the Zoning Map and Central Community Master Plan in March of 2022. The request is to rezone the subject property from RMF-30 (Low Density Multi-Family Residential) to CN (Neighborhood Commercial), and redesignate the property on the future land use map in the Central Community Master Plan from Low Density Residential to Neighborhood Commercial. On October 26, 2022, the Planning Commission heard the petition and forwarded a positive recommendation to the City Council to amend the Zoning Map and Central Community Master Plan. If approved, the property owner intends to change the use of the existing single- family home to a commercial use. The specific commercial use would be determined after the amendments were approved. The property is located in the Central City Local Historic District, and the house is listed as a contributing structure to the district, which protects it from demolition without the approval of the Historic Landmark Commission. 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 Vicinity NTap 1 854 e= 857 a F— n 865 Qj 864 at �11 51721 533 537 j. Subject Property Zoning Districts _ OS Open Space �• ' - / RB ResidentiaMusness CN Neighbohood Comm ercial v R-115,000 Single-Family Residential r. RMF-30 Low Density MWti-Fam iy Residential 1 RMF-65 ModerateMgh Density Multr-F am iy Residential Salt Lake City Planning Division V28:2022 The CN zone is a commercial zoning district that is intended to be compatible with residential neighborhoods. The permitted size and scale of development is similar to RMF-30,but the number and type of land uses allowed in CN is quite different from RMF-30. RMF-30 permits single-, two-, and multi-family dwellings, as well as uses that are incidental to residential neighborhoods such as parks and daycares. By contrast, CN permits primarily commercial uses such as retail, offices, and restaurants. Residential is only allowed as part of a mixed-use development. The proposed change would facilitate the replacement of a single-family dwelling use with a commercial use. HOUSING LOSS MITIGATION: The applicant was required to submit a housing loss mitigation plan as part of this request,per Chapter 18.97 of the Zoning Ordinance, which requires that a housing loss mitigation plan is approved by the city before any petition is approved for a zoning change that would permit a nonresidential use of land, that includes within its boundaries residential dwelling units. A housing loss mitigation plan is required for this petition because the CN zone allows nonresidential uses. Options for mitigating residential housing loss include providing replacement housing, paying a fee to the City's housing trust fund based on the difference between the housing value and replacement cost of building new units, and, where deteriorated housing exists and is not caused by deliberate indifference of the landowner, the petitioner may pay a flat fee to the City's housing trust fund. These options were considered, and paying a fee based on the difference between housing value and replacement cost was determined to be the most feasible. The applicant is not proposing to build any new housing to replace the single-family dwelling that would be lost, and he is not claiming that the existing dwelling is deteriorated. The fee amount was determined in the October 18,2022 housing loss mitigation plan to be $61,967.76. The applicant has been made aware of this requirement under the ordinance. The City Attorney's Office has advised against enforcing housing loss mitigation plans pending adoption of the City's new Thriving in Place housing initiatives. PUBLIC PROCESS: • Petition for the zoning map and master plan amendment was accepted by the Salt Lake Planning Division on March 24, 2022. • The petition was assigned to Michael McNamee, Principal Planner, for staff analysis and processing on April 7, 2022. • The petition was deemed complete on April 20, 2022. • Information concerning this petition was sent to the chairs of the Central City and Liberty Wells Community Councils on April 28, 2022. o The Community Councils did not provide formal comments. • The surrounding property owners and residents within 300' of the subject properties received an early notification by mail on April 28, 2022. • Public notification for the Planning Commission Hearing was mailed October 13, 2022 to all neighbors within 300' of the Zoning Map and Master Plan amendment site. The public notice was also posted on City and State websites and sent via the Planning list serve. • The petition was heard by the Planning Commission on October 26, 2022. The Planning Commission voted 5-3 to forward a positive recommendation to the City Council regarding the proposed zoning map and master plan amendment. o There were three public comments received prior to the Planning Commission meeting. Planning Commission (PC) Records a) PC Agenda of October 26, 2022 (Click to Access) b) PC Minutes of October 26, 2022 (Click to Access) c) Planning Commission Staff Report of October 26, 2022 (Click to Access Report) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3) Ordinance 4) Original Petition 5) Mailing List TABLE OF CONTENTS: I. CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORDINANCE 4. ORIGINAL PETITION 5. MAILING LIST I. CHRONOLOGY ERIN MENDENHALL L DEPARTMENT of COMMUNITY Mayor �' � and NEIGHBORHOODS �' =x Blake Thomas Director PROJECT CHRONOLOGY Petition: PLNPCM2022-00301 &302 March 24, 2022 Petition for the zoning map and master plan amendment received by the Salt Lake City Planning Division. April 7, 2022 Petition assigned to Michael McNamee,Principal Planner. April 28,2022 Information about the proposal was sent to the Chair of the Central City and Liberty Wells Community Councils in order to solicit public comments and start the 45-day Recognized Organization input and comment period. April 28, 2022 Staff hosted an online Open House to solicit public comments on the proposal.The Online Open House period started on April 28, 2022 and ended June 15, 2022. April 28,2022 Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing information about the proposal and how to give public input on the project. June 15,2022 The 45-day public comment period for Recognized Organizations ended. No formal comments were submitted to staff by the recognized organizations to date related to this proposal. October 12,2022 Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. October 13,2022 Public notice posted on City and State websites and sent via the Planning list serve for the Planning Commission meeting of October 26, 2022. Public hearing notice mailed. October 26, 2022 The Planning Commission held a public hearing on October 26, 2022. By a majority vote of 5-3, the Planning Commission forwarded a positive recommendation to the City Council for the proposed zoning map and master plan amendment. 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 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petitions PLNPCM2022-0301 and PLNPCM2022- 00302—865 S 500 E Zoning Mall and Master Plan Amendment— Salt Lake City has received a request from Rick Service,the property owner,to amend the zoning map for the property located at 865 South 500 East from RMF-30 (Low Density Multi-Family Residential District) to CN (Neighborhood Commercial District), and to amend the Central Community Master Plan so that the property would be redesignated on the future land use map from Low Density Residential to Neighborhood Commercial. The lot is approximately .08 acres (3,628 square feet). The intent of the rezone request is to allow for the conversion of the existing single-family dwelling on the property to a commercial use. The property is located within Council District 5, represented by Darin Mano. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition.During the hearing,anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: PLACE: Electronic and in-person options. 451 South State Street, Room 326, Salt Lake City, Utah This meeting will be held via electronic means,while also providing for an in-person opportunity to attend or participate in the hearing at the City and County Building, located at 451 South State Street,Room 326, Salt Lake City, Utah. For more information, including WebEx connection information, please visit www.slc.2ov/council/virtual-meetings. Comments may also be provided by calling the 24-Hour comment line at(801) 535-7654 or sending an email to council.comments(a 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 Michael McNamee at 801-535-7226 between the hours of 8:00 a.m. and 5:00 p.m.,Monday through Friday, or via e-mail at michael.mcnameekslcgov.com. The application details can be accessed at https:Hcitizenportal.slcgov.com/, by selecting the "Planning" tab and entering the petition number PLNPCM2022-00301 or PLNPCM2022-00302. 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.commentskslc og v.com, (801)535-7600, or relay service 711. 3. ORDINANCE SALT LAKE CITY ORDINANCE No. of 2023 (Amending the zoning of property located at 865 South 500 East Street from RMF-30 Low Density Multi-Family Residential District to CN Neighborhood Commercial District, and amending the Central Community Master Plan Future Land Use Map) An ordinance amending the zoning map pertaining to property located at 865 South 500 East Street from RMF-30 Low Density Multi-Family Residential District to CN Neighborhood Commercial District pursuant to Petition No. PLNPCM2022-00301, and amending the Central Community Master Plan Future Land Use Map pursuant to Petition No. PLNPCM2022-00302. WHEREAS, the Salt Lake City Planning Commission("Planning Commission") held a public hearing on October 26, 2022 on an application submitted by Rick Service ("Applicant") to rezone property located at 865 South 500 East Street(Tax ID No. 16-07-276-024) (the "Property") from RMF-30 Low Density Multi-Family Residential District to CN Neighborhood Commercial District pursuant to Petition No. PLNPCM2022-00301, and to amend the Central Community Master Plan Future Land Use Map with respect to that parcel from Low Density Residential to Neighborhood Commercial pursuant to Petition No. PLNPCM2022-00302; and WHEREAS, at its October 26, 2022 meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council ("City Council") on said applications; and WHEREAS, after a public hearing on this matter the City Council has determined that adopting this ordinance is in the city's best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Property identified on Exhibit"A" attached hereto shall be and hereby is rezoned from RMF-30 Low Density Multi-Family Residential District to CN Neighborhood Commercial District. SECTION 2. Amending the Central Community Master Plan. The Future Land Use Map of the Central Community Master Plan shall be and hereby is amended to change the future land use designation of the Property identified in Exhibit"A" from Low Density Residential to Neighborhood Commercial. SECTION 3. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. Passed by the City Council of Salt Lake City, Utah, this day of , 2023. CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER APPROVED AS TO FORM (SEAL) Salt Lake City Attorney's Office Hate:Dec tuber 8, 2022 Bill No. of 2023. By: Published: PA!C. ielso Senior City Attorney Ordinance amending zoning and MP 865 S 500 E EXHIBIT "A" Legal Description of Property to be Rezoned and Subject to Central Community Master Plan Future Land Use Map Amendment: 865 South 500 East Tax ID No. 16-07-276-024 BEGINNING AT THE NORTHWEST CORNER OF LOT 3, BLOCK 2, EHRICHS SUBDIVISION, OF BLOCK 5, PLAT B, SALT LAKE CITY SURVEY, AND RUNNING THENCE SOUTH 33 FEET;THENCE EAST 110 FEET; THENCE NORTH 33 FEET;THENCE WEST 110 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A PERPETUAL RIGHT OF WAY OVER THE FOLLOWING DESCRIBED STRIP OF LAND, TO-WIT: BEGINNING 33 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, THENCE EAST 140 FEET; THENCE SOUTH 10 FEET; THENCE WEST 140 FEET; THENCE NORTH 10 FEET TO THE POINT OF BEGINNING. 4. ORIGINAL PETITION Zoning Am& F. . d m e nt .4 f� O Arnend the text of th!e Zoning Ord Inance Amend the Zoning Map _ 9,FI cr UtE iota Received By; Oaie Received: j Project#: Name flf Sectlon6mf Zoning Amendment: PLEASE PROVIDE THE FOLLOVInFiduffeRWAUM {Address of Subject property(or Ar4m):. 868 South 5W EW Name of Applicant; Phone: Rick Serve 1-MM735 AddmFi of Applicant: P.O. Box 71899. Salt Lake City, Ur 7`f E-=Al of Appi Ica n#: Q f�ajt: r ck-8 vice87 ftahoo.0o-m ;801-68"735 Agplicas Interest in b)ect Pr +rty: 0 Owner (3 contractor IJ Architect ❑ cther. Name of Property Owne if different fra-m applicant). 5$e 9 L LC E=mali.ef Prgerty Owner; #line: iiCkserviceUgyahoo.ca N i-680- 735 Tease nGte that addstiona#iniurmation may be required by the pn4W Planner to wisure adequate infarmaton is provided for staff analysis. All ir#fnrmation required for staff a Iysls wdl he copied and made public, Induding prof sionai archkedural.ar engineering drawlop,for the purposes of put9k review by any interested parley, r AVM WNSWAT — - — If you have any riveWons regarding the requirements laf this appilwion,pkwe ccr%W Salt Lake City Planning Counter at igninK&sl ov.c9rm prior t#submitting the appliaff on. Map Amer,drnerri~filing-fee of t,075 plus$VA W acre in excess of one acre Text Arn endme filing fee of$1,M,plus fees fcw newspaper notice. - Pius,additkmal fee for Mailed public bms- Ncrti ne fees will be assessed after the&Wkzdan is ` - subm fitted. If apOicable,a:np1arW!d st errieM of consent auth.021 9 apMkant to act as an agent wd H he required. Signature of OwW Alert: . Data; Rick Service !=4122 L PrajeaCmik llptfon(please eiectroni IN attac:h additional shuts.See 2tqion fiGlr. ke Amendmints ordinance-) 1 Astatenlen detiaring-ths purpose fer the afnendmerat.. ' I A descrfptia�n of the proposed rise of the property being rezoned-List the reasons why the pmem zoning may not be appraprIa' - W 4itea. Li�the requesi arrmndin the Zoning MaP? If.so, please lis#the parcel numbers to be changed. .is ttl 6 n_quest arnendirig the text ot tile r3g Ordinance3 s+D.please include language a-nd the rice to the ZDniniR ordinance to be changedVAHMTOMFE Apply ordine through the Cl portal.There a she aide to tiea m how tD subma online. - Fts l eanowledge that Salt Lake MY rewires the items abuve to be submitted Wore My application can be mod.l = understand that!fanning will"t accW nny apglir_at�an u:iiessall of the fojbwing items included#n the submittal package. Opted W23/7= Zoning Amendment Requirements The reason for changing the zoning from RM`F-30 to CN Neighborhood Commercial are many. The existing residential building at 865 South 500 bast is placed on the lot in such a way that it lends itself more to the two neighboring properties to the sow zoned GIB. The-two neighboring properties to the south are 501 & 511 East 900 South. 511 East 900 South and 866 South 500 East share a driveway. 511 East.900 nth has their Handicap parking space at the rear of the property that is accessed from the shared driveway. Their deliveries are also received by use of the shared driveway. There is no alleyway access so all deliveries must back down the shared driveway. 865 South 500 East does not have covered parking, it just has two paddrig spaces at the fear of the building. There is Oo back yard to this house, which is why it is impossible to rent the house to a €ernily, UDI T� along.with Sett Lake City, are in the process of improving bus travel along 500 Ea:wL They have put a large cement pad directly in front of the house slang M.th a .bp A large lighted enclosure with a garbage can will be install soon. That makes es the property feel lime a commercial property with no front yard. Last out not least 1 truly want the challenge of improving and transforming the residential building to a small cnmmerbial building. When I purchased the neighboring two propeAles to the south, one was A-n'abandoned gas station for years with graffifl on the walls and a n ake- shift homeless persons shelter. 1 turned 501 East 900 South into the restaurant "Tradtt ". tt was galte a challenge but I feel it turned out well, The property at- 111 East goo South when I purchased it was a 100 year old house being used as a residential rental. I remodeled It and today it is a very thriving commercial building as Beltex Meats, a very successful butcher shop. Both properties employ local people bHnging revenue into the area. Knowing that-this houses-in the Hi tofic Us c# as It was built in 1908, 1 will be able to work wqh the Historic District to improve th. .O a of the building while staying within the parameters set tyy tflp Historic Distr L Tha adjoining properties zoned CN have a total square footage of 14,_908 square fleet. This CN zoning allows for up to 90,000 square feet. With the additio'n-of 86,5 South 500 East being only 3,484 square feet there will be a total of only 18,292 square feet for the entirety of tha new proposed CN zone. This is mudl smaller than the allowed 90,000 square feet, Altowing this property to be added to the existing CN zoning will create a more Manced and useable commemial corner. The C N zoning calls for"small scale low intensity commeoulal ease". I Wieve that changing the zoning of this property too CN will to do just that. Please give me the opportunity to improve the property. At this time I do not have a specific use in mind for the property. I have spoken with severial people who might be intemsted In the space. One such pdimon wants to peat a dog grooming and supply store, another parson who runs a very successful sandwich shop wants to open a new location them. I anticipate remodeling the building and making it•ashining example of what is possible in the CN zoning. Parcel Number 16-07- 7C-0 4-0000 k = Master PI- al , A A 16ndment L Amend the text of the Master Plan Amend the Lard Use Map IE USE CKLY _ Received By: date Recelved: Proje #:lF Name*f McAer Plan Am2ptidmerrfi' OREL _ PLEASE PROVIDE THE FOLLOWING INF10RMAT1OH Address of SubjectPropefty(or Area): — -- -- 865 South 5DD East Name of Applicarru Phone: Rick Service 1- 13U-5735 Address df'Applfcarii: P.O. Box 71899, Sit Lalw Cfty. UT 841 E-malt of Applicant: CMWF&t rickservico67 @yahon.corn ►-ppficarrt's Interest in Subject Pm"rty: Owner 0 Ctmtra=r ❑ Archty rt f] Other. Name of PruWrty Owner(if different#ram appliearal; E-malI of Property Owner, � Phone- l icksem ceMyahooxo m #-680-6736 Please note that adds#renal information may be r6ouiraed by the prqject iv ensure adequate Wormat€on is provided far staff anahmis. All infori>kalan required for.st Wan ahysisF:wlll be nnpied end Rode public, rnduding prnfmlonal drLhIte�tural or engineering drawings,fartKe purposes of public ld h~vierw by any interested party, t* AVAEi '041 IS XTAIM �► Planners are.ayailahie for utmion prior to submiWng this application. Please email• nir?,65J Ro'yr,cpm It you have a questions regarding the regOremenU*f this application. REQf.tRFD FIEF Filing fee of SIOUB 1pl.s SM per acre in excesi of one acre. — — M for newspaper notice- PCusr additional Fee for mailed public notfces. Mailing fees wilt be' 'assessed after application is submitlid. ltaPpiir-abif!,ii4kga!rizedstAeTrFentof consent authorizing appilc4�11 t i'd asagagent will be required. Signature of Owner or Agent/ I Date: Hick SeMce 3/24122 updated V1612m I 11d11'TA@LARE Mtf NTS L Proms#Desaip#lon(pleasea#tach ad final she le�r#rnn€rtally, Di�sCribe the praKsed mks n; Wr Wnt, AsUft. declarttg the porpese forth@ I errdrnent_ rlD P.wlam achy the pre:znt master p]arw x ul�sa�tendirsg. Is the"uest amending the land use MV? Ifkq.please I the parcel numbers to be Chance& Is•thi regMM amending the text of the master plan? If so.please Include exact language to be changed. �}D]Ffl.l�NE C# PL�FE AI�L.I#A�'ION Apply online through the CWzgn AEeigss Portal.There is a s"teo-hy-steo�uEe to learn haw to subrrait anlirte. 1 NCO MP!-ETE APPUCATIOft WILL NOT BE ACCEI�Tt R #acknowledge that Salt Lake city requires the items above to be subrn"ed before ray application can be processed. I urnderstand that Planning wfll not acW my application unless all of the following items are included in the submittal package. Master Plan Amendment I wish to charge a smali portion of the Central Communfty Master Plan. The plan change would be to amend the zoning of a single family residence zoned RMF-- 0 to-a N Neighborhood Commercial zone. Thet.pfoperty is at 865 South 500 Fit. Ttm property is bordered by two properties zoned CN. Wth a zoning change of tom` property, all thr properties on the corner of 500 East and 60 South will have t?iie same zoning, This will create a balance to the comer and will promote more conwwrcW services to the ongoing vibrant Uberty Park Neighborhood. It will crude a -ga#ier#rig place in Such a walkable ne[ghborhood. The infrastructure is already in place to support the charge. Part of the Central Community Master Plan is to promote mores � ornmefcial SerVrices in the area.The amendment change will aRow me the flexibility to select a tenant that will add to the vibrant area. Parcel bomber_ 1 -07- 76-0 4-0000 t �_ � i le i i } { t Y i } i 1 i r� !� r 4 i� M ' i }/� 3 + _L 7i j � '� 1 1 � '+� ,� -, � � r r •� 4 �� } � ry �++ r } � ' �� - L r• -- f: �� 5. MAILING LIST geometry Occupant PARCEL—A[NEW—UNIT CITY STATE ZIPCODE Geocortex.Current Oc 828 S 500 E Salt Lake Ci UT 84102 Geocortex.Current Oc 836 S 500 E Salt Lake Ci UT 84102 Geocortex.Current Oc 475 E 900 ! Salt Lake Ci UT 84102 Geocortex.Current Oc 906 S 500 E Salt Lake Ci UT 84105 Geocortex.Current Oc 827 S 500 E Salt Lake Ci UT 84102 Geocortex.Current Oc 841 S 500 E Salt Lake Ci UT 84102 Geocortex.Current Oc 857 S 500 E Salt Lake Ci UT 84102 Geocortex.Current Oc 840 S PARK Salt Lake Ci UT 84102 Geocortex.Current Oc 844 S PARV Salt Lake Ci UT 84102 Geocortex.Current Oc 848 S PARK#NFF1 Salt Lake Ci UT 84102 Geocortex.Current Oc 846 S PARV Salt Lake Ci UT 84102 Geocortex.Current Oc 865 S 500 E Salt Lake Ci UT 84102 Geocortex.Current Oc 501 E 900 ! Salt Lake Ci UT 84105 Geocortex.Current Oc 511 E 900 ! Salt Lake Ci UT 84105 Geocortex.Current Oc 533 E 900! Salt Lake Ci UT 84105 Geocortex.Current Oc 853 S PARK Salt Lake Ci UT 84102 geometry OWN_FULL_NAME OWN_ADDown_unit OWN_CITYOWN_STA-OWN_ZIP Geocortex.LIBERTY 9 LLC 1126 E GILI SALT LAKE UT 84105 Geocortex.HARRIS APARTMENTS SLC LLC 1012 CHAN OGDEN UT 84403 Geocortex.ROBERT A EVANS 844 S 500E SALT LAKE UT 84102 Geocortex.JOSE R LEAL;ARMANDO VALLE(TC) 854 S 500E SALT LAKE UT 84102 Geocortex.HOUSING AUTHORITY OF SALT LAKE 1776 S WE' SALT LAKE UT 84115 Geocortex.SARAH GENE JOLLEY 848 S 500E SALT LAKE UT 84102 Geocortex.TRUST NOT IDENTIFIED 883 E 4900 MURRAY UT 84107 Geocortex.GERALD&LISA OTTO TRUST 8/28/2017 460 CREST` PARK CITY UT 84098 Geocortex.DUANE E CRABTREE;ELISSA CRABTREE(JT) 833 S 500E SALT LAKE UT 84102 Geocortex.MICHAEL W BAKER;ERIN BAKER CAPOBIANCO 672 LARCH DALY CITY CA 94015 Geocortex.ROBERT J WYNNE 851 S 500E SALT LAKE UT 84102 Geocortex.AMM TRUST PO BOX 58 SALT LAKE UT 84158 Geocortex.BRYCE R WHITAKER 828 S PARK SALT LAKE UT 84102 Geocortex.TRUST NOT IDENTIFIED 4605 S BO) MURRAY UT 84107 Geocortex.844 S PARK ST,A SERIES OF PREF GROUP,LLC 939 W HEP PHOENIX AZ 85013 Geocortex.MICHAEL W BAKER;ERIN BAKER CAPOBIANCO 672 LARCH DALY CITY CA 94015 Geocortex.TRUST NOT IDENTIFIED 2864 E PIN COTTONW UT 84121 Geocortex.JOHN SEARLE;BENJAMIN TOLMAN(JT) 852 5 PARK SALT LAKE UT 84102 Geocortex.CHRISTINE REYES 8565 PARK SALT LAKE UT 84102 Geocortex.KDC TRUST 860 S PARK SALT LAKE UT 84102 Geocortex.5&9,LLC 3201 E CHI, COTTONW UT 84121 Geocortex.STEVEN R SEARE 517 E 900!#NFF1 SALT LAKE UT 84105 Geocortex.CHRISTINA S HANNAN-CANETE HERITAGE TRUST 6/30/2017 521 E 900!#NFF1 SALT LAKE UT 84105 Geocortex.DEBRA FRAZIER LIVING TRUST 12/07/2018 864 S PARK SALT LAKE UT 84102 Geocortex.5&9,LLC 3201 E CHI, COTTONW UT 84121 Geocortex.5&9,LLC 3201 E CHI, COTTONW UT 84121 Geocortex.STEVEN R SEARE 517 E 900! SALT LAKE UT 84105 Geocortex.CHRISTINA S HANNAN-CANETE HERITAGE TRUST 6/30/2017 521 E 900! SALT LAKE UT 84105 Geocortex.JBELA LLC 1241 E POP MILLCREEK UT 84117 Geocortex.JAMES SULLIVAN 537 E 900! SALT LAKE UT 84105 Geocortex.CHELSEA SIMMONS 539 E 900! SALT LAKE UT 84105 Geocortex.SIAOSI P VAENUKU;SIAOSI P AKA:VAENUKU VAENUKU;KATALINA F VAENU 849 S PARK SALT LAKE UT 84102 Geocortex.MAC R CURTIS;SUSAN L CURTIS 851 S PARK SALT LAKE UT 84102 Geocortex.PARK STREET PROPERTIES LLC 6737 S HUI SALT LAKE UT 84121 Geocortex.SELDOM SCENE HOLDINGS,LLC 857 S PARK SALT LAKE UT 84102 Geocortex.JEANETTE NEWHOUSE;CALE NEWHOUSE 859 S PARK SALT LAKE UT 84102 Geocortex.MARK ANDREW LOEWEN;NATALIE KAY LOEWEN(JT) 545 E 900! SALT LAKE UT 84105 Item 133 �''••�' �`�� "" MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO: City Council Members Project Timeline: FROM: Sylvia Richards, Policy Analyst Public Hearing:April 4,2023 DATE: April 4, 2023 RE: MOTION SHEET FOR PUBLIC HEARING The Council will conduct a Public Hearing and may consider the following motion: Motion 1 — Close and Refer I move that the Council close the Public Hearing and refer Item B-3 to a future Consent Agenda for action. Page I Grant Application Submission Notification Memo TO: Office of the City Council I Cindy Gust-Jenson,JenniferBru no,Taylor Hill, Sylvia Richards, Linda Sanchez, Lehua Weaver Office of the Mayor I Rachel Otto, Lisa Shaffer Department of Finance I Mary Beth Thompson, Elizabeth Gerhart, Melyn Osmond, Jordan Smith Office of the City Attorney I Jaysen Oldroyd, SLCRecorder@slcgov.com EC: Department of Fire FROM: Sarah Behrensp DATE: December 27, 2022 SUBJECT: Marathon Petroleum FUNDING AGENCIES: Marathon Petroleum GRANT PROGRAM: Marathon Petroleum Community Investment REQUESTEDGRANTAMOUNT: $4,400 DEPARTMENT: Fire Department I Training Division COLLABORATING AGENCIES: DATE SUBMITTED: SPECIFICS: ❑ Equipment/Supplies Only ❑ Technical Assistance ❑ Provides Hourly Positions ❑ Existing ❑ New ❑Overtime ❑ Requires Funding After Grant Explanation: ❑ Match Required NA ❑ In-Kind Services and ❑ Cash GRANT DETAILS: The Fire department has requested$4,400for improvements to the Training Tower with a Multitrae 4 gas system and PID monitor. The equipment training for response to gas related and hazard incidents. Item C1 ;•••• 0 MOTION SHEET :/i,,,y -- _ CITY COUNCIL of SALT LAKE CITY ivy ii� •_'t°'.-• ii � I�'� iip TO: City Council Members FROM: Sam Owen,Policy Analyst DATE: April 4, 2023 RE: Ordinance: Electric Vehicle Readiness Off-Street Parking Stalls Amendment MOTION i I move the Council adopt the ordinance. MOTION a I move the Council not adopt the ordinance. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCIL.COM P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651 C Rim COUNCIL STAFF REPORT .•%ots ,I,,,•, CITY COUNCIL of SALT LAKE CITY Ito Of nn %%`% Item Schedule: TO: City Council Members Briefing:January 3,2023 Public Hearing:March 21,2023 FROM: Sam Owen, Policy Analyst Potential Action:April 4, 2023 DATE: April 4, 2023 RE: Electric Vehicle Readiness Off-Street Parking Stalls Amendment ISSUE AT A GLANCE The Administration's proposal asks the Council to change the zoning code, and require an increased amount of electric infrastructure at twenty percent of the parking spaces in multi-family construction and major reconstruction projects.The infrastructure would support new installation of electric charging stations for electric vehicles.This proposal does not newly require the installation of charging stations. The Council may want to discuss whether to require more electric vehicle charging infrastructure in off-street parking at multi-family construction and major reconstruction projects. KEY ITEMS The existing code requires these same types of projects to install fully-equipped parking spaces reserved for electric vehicle charging, at the ratio of one electric vehicle space per 25 conventional spaces. Site plans for qualifying projects would be screened for meeting these new requirements through the city's permitting process. The same 20 percent requirement would apply to spaces designated for use of people qualifying under Americans with Disabilities Act(ADA).The requirement does not apply to projects with four or less off-street parking spaces. In response to the proposal,one developer provided feedback the cost per space could be as high as $1o,000, and this comment is included in the transmittal. Other information, available on the department's website,indicates cost per space could be under $1,000.The lower figure is consistent CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCIL.COM _P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651 with anecdotal comparisons made to online examples of cost. Market conditions at the time of construction would be a factor.The cost to retrofit these electric spaces is several times more than some estimates to include them as part of new construction. POLICY QUESTIONS 1. The transmittal includes a range of public feedback. Cost concerns are a theme. Council Members might wish to ask the department about cost increases expected as a result of adopting this ordinance,or something like it. Is the cost likely to burden renters, slow necessary construction or deter investment in the city? 2. Considering the cost could be passed on to the consumer,in this case residents,will people who do not have access to new cars or new electric vehicles end up bearing the burden of that cost? 3. Another theme in the feedback is concern about rates of actual electric vehicle use in the general public. Do Council Members think the ratio of twenty percent is appropriate,in light of information listed above on market share? ADDITIONAL&BACKGROUND INFORMATION A state report presents these findings: i,o16 electric vehicles were newly registered in 2015; 5,401 were newly registered in 2019; and 10,569 were newly registered in 2021. These Tax Commission figures document how electric vehicle registration goes from one tenth of a percent of total new registrations in 2015,to four tenths of one percent in 2019.Total vehicle registrations have increased by about half a million during the same period. Hybrid vehicles were five times more common than strict electric in 2022 registrations. Some estimates put current electric vehicle adoption nationwide around five percent. Page 12 1' "lip 0 P ,, ��• /jai .4jo //' R00 �. 1lIIIIW fill a00, ,p e owl �;1 null �I� �rFr is - -J l o w� .,� •n t + nmmllnonnm., , , �,i ,I_ ; _ ,- �• �U U U Il llr..• ! �m® c r ` l , n�,!!n!�umnlllullr ii'�I I I� . _ � � �Y `� _:a, ■■■�� ,i � _ _� ,�•••••m�11U1111111111A. �I R R R II lulu1�.� �' -�•��1 �t ...... ,; ,■.... ,1..�� I I III II '��. � "�I rl _ 111111 r ® �RRNNmill IIII , r ..`;:�.• m... our. "out I __ '' '� 1�11NNN111111 �� •�� „ GGGa PRESENTATION AGENDA 01 BACKGROUND + CONTEXT An introduction to electric vehicle readiness and current SLC policy 02 LOCAL BENEFITS How EV readiness provides • economic benefits and improves Salt Lake City's air quality 0 PROPOSED REQUIREMENTS An overview of the proposed ordinance additions and property types impacted ng- CjT� What does electric vehicle readiness mean? Three levels of "electric vehicle supply equipment" (EVSE) infrastructure are often regulated by municipal zoning ordinances: MATA ► 1 EVSEINSTALLED CIT`� What does electric vehicle readiness mean? Transformer a � 0 Co � o 1111 0 Utility Distribution Network Utility Panel EV CAPABLE Installed electrical panel capacity with a dedicated branch circuit and a continuous raceway from the panel to the future EV parking space, U 9 CIT`� What does electric vehicle readiness mean? Charging Outlet Transformer at Parking Space C o Utility Distribution Network Utility Panel Installed electrical panel capacity and raceway with conduit to terminate in junction box or 240-volt charging outlet. U 9 CIT`� What does electric vehicle readiness mean? Charging Outlet Transformer at Parking Space C=m ��' Ic Utility Distribution Network Utility Panel EV Charger EVSEINSTALLED Installed Level 2 charging station. 4', 1r: "nt C1T� What does electric vehicle readiness mean? , _ _ _ _ oft Charging Outlet Transformer I at Parking Space I I Utility Distribution Network Utility Panel _ _ / EV Charger C1T� I r � f Existing MULTIFAMILY PROPERTIES ,� � , ,✓ , \ ff One 1 installed EV char in station VEHICLEAy r 25 re uiredparkings aces " � � CHARGINGper q p � t Ito a� ✓ Count toward total required parking spaces � �,,� _. ; ✓ Must be located near building entrance ✓ Signed in a clear and conspicuous manner ✓ Specific charging station level not required V,, ,� CtT� Proposed EV � T MULTIFAMILY PROPERTIES Twentyercent 20% of re uired ` a ��`� ��. �p a . VEHICLE �,� parkingspaces constructed as EV-ready ' , , CHARGING � . ✓ Count toward total required parking spaces ✓ EV-ready parkingspaces shall have electrical conduit and sufficient electrical capacity � , ., �, .. ¢�74 v/ For new multi family uses, a minimum of 20 /o - ; of ADA spaces shall be constructed as EV- read . .'' 4 CIT`� Market MARKET SIZE & DEMAND CIT� SALT LAKE CITY 1 ,043 EVS registered in 2020 I 250 200 150 100 50 0 84101 84102 84103 84104 84105 84108 84111 84112 84116 Data Source: Utah State Tax Commission Market MARKET SIZE & DEMAND CIT� UTAH 6,947 EVS as of Q2 2020 (in thousands) 7 6 5 4 3 2 1 0 2012 2013 2014 2015 2016 2017 2018 2019 2020 Data Source: Utah State Tax Commission New vs ,, Retrofit Costs 0i"n AN ECONOMIC COMPARISON A study of EV-ready construction costs shows that installing infrastructure during the new construction phase is the most cost-efficient. pm New Construction Retrofit $610 Balance of Circuit $11210 $180 Raceway $1,070 $70 Permitting & Inspection $650 $60 Construction Management $620 $920 Total (per space) $3,550 Data Source:SWEEP(Southwest Energy Efficiency Project). "Cracking the Code on EV-Ready Building Codes."2018. Charging PLACE - BASED CHARGING DEMANDS CIT� v J 4,000 U.S. drivers assessed :, Ln .Ln z , Home ■Away O � 1 ,800 U.S. drivers assessed v U ■ Home ■Away Data Source:Idaho National Laboratory. 2015. Charging PLACE - BASED CHARGING DEMANDS CIT� 3% N J C , r6 :, z ■ Home ■Away ■ Home ■Work ■ Other Subgroups 4% with access to workplace charging 0 a) u ■ Home ■Away ■ Home ■Work ■ Other Data Source:Idaho National Laboratory. 2015, Economic Benefits PREPARI NG FOR TECHNOLOGY INNOVATION 6*IR #h. 41 Future-Proof Develo ment 1 Building code standards are moving ,, 1 1\ quickly to keep up with EV technology. Shoo 1 111 WL A resilient building stock that is Avoid Costly Retrofits prepared 1 meet demands 1 Retrofits costs are significantly higher than new construction for EV-ready. future acceleration 1 electric vehicle adoption. Market Competitiveness II II II1111111��;�n `.,a; - . = .•.. �., II II II111��1 r""��4� Il1 L-1 Properties without installed EV-ready s �. �� •� 111111111►1 � I Al fflomilli infrastructure will become less viable to r ,,. -WW P'l �.,Hn specific residents that require home- �, l '�-409;1 based charging options. I - - 1 AV r �, t 91., .. , yti�i. \�` '(.` v � •aC •� ' -l' - ' �r,,r.�,l. ••y '"� - T ,�. n��111 U1� Proposed Ordinance EV READINESS LANGUAGE Each multifamily use shall provide a minimum of 20% electric vehicle ready parking spaces of total required parking on-site. ✓ EV-ready parking spaces shall have electrical conduit and sufficient electrical capacity for future use of 200 volt charging station. ✓ Proposed EV-ready parking spaces shall be submitted on site plans, ✓ For new multi-family uses, a minimum of 20% of ADA spaces shall be constructed as EV-ready. V�0 C9 N fv �ITi Proposed EV READINESS LANGUAGE Additional Provisions: ji ➢ EV-ready parking spaces count toward the total required number of parking spaces P g . .a ➢ Parking areas with 4 or fewer parking spaces are not required to identify EV-ready spaces ➢ Where no minimum parking is required, EV-ready parking spaces are based on provided parking P P P g ➢ Electric vehicle parking spaces that exceed those required by - Subsection 6.1 shall count towards the required number of EV-ready spaces '�°" 1 1 � i r III,I. SALT LAKE CITY "� as DEPARTMENT OF SUSTAINABILITY "s j ' Contact Information , lull Staff: peter.nelson@slcgov.com ,r �� .,1� � �L• Ruoff ail IATF, o .,4`• �� ,� � tiz� I Ir w ERIN MENDENHALL OFFICE OF THE MAYOR Mayor ♦,alp T.w°'' CITY COUNCIL TRANSMITTAL L,5 (Jan 17,202309:52 MST) Date Received: 01/17/2023 Lisa Shaffer, Chief Administrative Officer Date Sent to Council: 01/17/2023 TO: Salt Lake City Council DATE: January 13, 2023 Darin Mano,Chair U UV� FROM: Debbie Lyons, Sustainability Director SUBJECT: Council-Requested Revision:Electric Vehicle Readiness Off-Street Parking Stalls Amendment STAFF CONTACTS: Peter Nelson Sustainable Business Program Manager Peter.Nelsonkslcgov.com 1 801-535-6477 DOCUMENT TYPE: Ordinance RECOMMENDATION: Adopt the ordinance amending and updating Sections of the Salt Lake City Code for Off-Street Parking,21A.44.040,relating to electric vehicle readiness parking stall requirements, as revised BUDGET IMPACT: None BACKGROUND/DISCUSSION: This transmittal is supplementary to the ordinance proposal Electric Vehicle Readiness Off-Street Parking Stalls Amendment discussed during the City Council work session on Tuesday,January 3rd, 2023.At that work session, Council members noted that it is not uncommon for multifamily development projects to construct more off-street parking stalls than are required, and that it is the Council's desire that the proposed ordinance's EV-Ready threshold of 2o% apply to the number of parking stalls ultimately provided, rather than those that are merely required.Attached to this transmittal is revised ordinance language— specifically language found on lines 42-43 of the Legislative Version—which reflect this change to the proposed ordinance. P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 LEGISLATIVE DRAFT 1 SALT LAKE CITY ORDINANCE 2 No. of 2023 3 4 (Ordinance amending Section 21A.44.040 of the Salt Lake City Code 5 pertaining to EV-readiness for required off street parking) 6 7 WHEREAS,Chapter 21 A.44 of the Salt Lake City Code(Zoning: Off Street Parking,Mobility, 8 and Loading) sets forth minimum and maximum requirements for off-street parking spaces for 9 different zoning districts within Salt Lake City; and 10 WHEREAS, Section 21A.44.040(B) of the Salt Lake City Code currently mandates the 11 inclusion of one(1)parking spaces dedicated to electric vehicles and equipped with an electric vehicle 12 ("EV") charging station for every twenty-five (25) parking spaces for all multi-family use buildings 13 (the"EV Parking Ordinance"); and 14 WHEREAS, Salt Lake City Corporation ("City") is committed to carbon emissions 15 reduction, and pursuant to Resolution No. 33 of 2016, a joint resolution of the Slat Lake City 16 Council and Mayor establishing renewable energy and carbon emissions reduction goals for Salt 17 Lake City, adopted a goal of reducing carbon emissions by 50%by 2030; and 18 WHEREAS, on December 8th, 2020 the City Council and the Mayor adopted Resolution 19 No. 45 of 2020, a joint resolution of Salt Lake City Council and Mayor establishing electrified 20 transportation goals for Salt Lake City, establishing a commitment to support the development of 21 electric vehicle charging infrastructure,plus other programs, policies, and projects that encourage 22 the purchase and use of electric vehicles by local residents; and 23 WHEREAS, the Salt Lake City Council finds that updates to the EV Parking Ordinance are 24 necessary to require new multi-family use developments or major reconstruction projects of multi- 25 family buildings to include electric vehicle readiness infrastructure to support electric vehicle use for 26 Salt Lake City residents in advancement of the City's carbon emissions reduction goals. LEGISLATIVE DRAFT 27 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 28 SECTION 1. Amending Section 21A.44.040. Section 21A.44.040(B) of the Salt Lake City 29 Code shall be, and hereby is, amended to read as follows: 30 21A.44.040: REQUIRED OFF STREET PARKING: 31 B. Electric Vehicle Parking: 32 1. Each multi-family use shall provide a minimum of one (1)parking space dedicated to electric 33 vehicles for every twenty-five (25)parking spaces provided on-site. Electric vehicle parking spaces 34 shall count toward the minimum required number of parking spaces. The electric vehicle parking 35 space shall be: 36 Via. Located in the same lot as the principal use; 37 fib. Located as close to a primary entrance of the principal building as possible; 38 3 c. Signed in a clear and conspicuous manner, such as special pavement marking or signage, 39 indicating exclusive availability to electric vehicles; and 40 4d. Outfitted with a standard electric vehicle charging station. 41 2. In addition to Electric Vehicle Parking requirements, each multi-family use shall provide a 42 minimum of 20% electric vehicle ready (EV-ready)parking spaces of parking spaces 43 provided on-site. EV-ready parking spaces are parking spaces that are equipped with electrical 44 conduit and sufficient electrical capacity for the future use of a minimum 200-volt electric vehicle 45 charging station. The location of proposed EV-ready_parking spaces shall be indicated on submitted 46 site plans. 47 a. EV-ready_parking requirements shall count toward the minimum required and maximum 48 allowed number of parking spaces. LEGISLATIVE DRAFT 49 b. Parking areas with four or fewer vehicle parking spaces are not required to identify an EV- 50 ready parking space. pace. 51 c. Where no minimum parkin inquired, the 20% EV-ready_parking space requirement will 52 be based on provided parking 53 d. For new multi-family uses, a minimum of 20% of required Accessible (ADA)parking 54 spaces shall be constructed as EV-ready. 55 e. Electric vehicle parking spaces provided in accordance with Subsection B.1 that exceed 56 the minimum number of required spaces established in that subsection shall count towards the 57 required number of EV-ready_parking spaces required in this Subsection B.2. 58 SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first 59 publication. 60 61 Passed by the City Council of Salt Lake City, Utah this_day of , 2023. 62 LEGISLATIVE DRAFT 63 64 65 CHAIRPERSON 66 ATTEST: 67 68 69 CITY RECORDER 70 71 72 Transmitted to Mayor on 73 Mayor's Action: Approved. Vetoed. 74 75 76 77 MAYOR 78 79 80 CITY RECORDER APPROVED AS TO FORM 81 (SEAL) Salt Lake City Attorney's Office 82 83 Date: 84 Bill No. of 2023 85 Published: 86 Sara Montoya, Senior City Attorney 87 SALT LAKE CITY ORDINANCE No. of 2023 (Ordinance amending Section 21A.44.040 of the Salt Lake City Code pertaining to EV-readiness for required off street parking) WHEREAS,Chapter21A.44 of the Salt Lake City Code(Zoning: Off Street Parking,Mobility, and Loading) sets forth minimum and maximum requirements for off-street parking spaces for different zoning districts within Salt Lake City; and WHEREAS, Section 21A.44.040(B) of the Salt Lake City Code currently mandates the inclusion of one (1)parking spaces dedicated to electric vehicles and equipped with an electric vehicle ("EV") charging station for every twenty-five(25) parking spaces for all multi-family use buildings (the"EV Parking Ordinance"); and WHEREAS, Salt Lake City Corporation ("City") is committed to carbon emissions reduction, and pursuant to Resolution No. 33 of 2016, a joint resolution of the Salt Lake City Council and Mayor establishing renewable energy and carbon emissions reduction goals for Salt Lake City, adopted a goal of reducing carbon emissions by 50%by 2030; and WHEREAS,on December 8th, 2020 the City Council and the Mayor adopted Resolution No. 45 of 2020, a joint resolution of Salt Lake City Council and Mayor establishing electrified transportation goals for Salt Lake City, establishing a commitment to support the development of electric vehicle charging infrastructure, plus other programs, policies, and projects that encourage the purchase and use of electric vehicles by local residents; and WHEREAS,the Salt Lake City Council finds that updates to the EV Parking Ordinance are necessary to require new multi-family use developments or major reconstruction projects of multi- family buildings to include electric vehicle readiness infrastructure to support electric vehicle use for Salt Lake City residents in advancement of the City's carbon emissions reduction goals. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1.Amending Section 21A.44.040. Section 21A.44.040(B) of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 21A.44.040: REQUIRED OFF STREET PARKING: B. Electric Vehicle Parking: 1. 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: a. Located in the same lot as the principal use; b. Located as close to a primary entrance of the principal building as possible; c. Signed in a clear and conspicuous manner, such as special pavement marking or signage, indicating exclusive availability to electric vehicles; and d. Outfitted with a standard electric vehicle charging station. 2. In addition to Electric Vehicle Parking requirements, each multi-family use shall provide a minimum of 20% electric vehicle ready (EV-ready)parking spaces of parking spaces provided on- site. EV-ready parking spaces are parking spaces that are equipped with electrical conduit and sufficient electrical capacity for the future use of a minimum 200-volt electric vehicle charging station. The location of proposed EV-ready parking spaces shall be indicated on submitted site plans. a. EV-ready parking requirements shall count toward the minimum required and maximum allowed number of parking spaces. b. Parking areas with four or fewer vehicle parking spaces are not required to identify an EV- ready parking space. c. Where no minimum parking is required, the 20%EV-ready parking space requirement will be based on provided parking. d. For new multi-family uses, a minimum of 20% of required Accessible (ADA)parking spaces shall be constructed as EV-ready. e. Electric vehicle parking spaces provided in accordance with Subsection B.1 that exceed the minimum number of required spaces established in that subsection shall count towards the required number of EV-ready parking spaces required in this Subsection B.2. SECTION 2. 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 , 2023. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER APPROVED AS TO FORM (SEAL) Salt Lake City Attomey's Office Date: January 13, 2023 Bill No. of 2023 Published: Sara Montoya,Senior Ofy Attorney ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . _t l CITY COUNCIL TRANSMITTAL Lis (Dec 6,2022 13:55 MST) Date Received: 12/06/2022 Lisa Shaffer, Chief Administrative Officer Date Sent to Council: 12/06/2022 TO: Salt Lake City Council DATE: December 6, 2022 Dan Dugan, Chair FROM: Debbie Lyons, Sustainability Director SUBJECT: Electric Vehicle Readiness Off-Street Parking Stalls Amendment STAFF CONTACTS: Peter Nelson Sustainable Business Program Manager Peter.Nelson@slcgov.com 1 801-535-6477 DOCUMENT TYPE: Ordinance RECOMMENDATION:Adopt the ordinance amending and updating Sections of the Salt Lake City Code for Off-Street Parking, 21A.44.040, relating to electric vehicle readiness parking stall requirements BUDGET IMPACT: None BACKGROUND/DISCUSSION: Mayor Erin Mendenhall and the Salt Lake City Sustainability Department propose to amend the text of Salt Lake City Code Subsection Chapter 21A.44.040.B.2 (Zoning: Off Street Parking, Mobility and Loading; Required Off Street Parking; Electric Vehicle Parking)to require properties with a multi-family use to implement electric vehicle (EV) readiness infrastructure for 20%of required parking spaces, at the time of new construction or major reconstruction. Policy background In November 2016,the City Council and Mayor adopted a Joint Resolution establishing renewable energy and carbon emissions reduction goals for Salt Lake City. Included in the resolution is a community carbon emissions reduction goal of 8o%by 2040,with an interim goal of 5o%reduction in greenhouse gases by 2030. Reductions in emissions from energy use and transportation are specifically cited in the resolution,which includes on-road emissions from private vehicles. P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . _t l In May 2017,the Salt Lake City Council approved an ordinance amendment requiring one EV parking space, equipped with an EV charging station,for every 25 required parking spaces for all multi-family use properties. On December 8h, 2020,City Council and Mayor Mendenhall adopted the joint Electrified Transportation Resolution, establishing a commitment to incorporate and promote clean energy transportation technologies as an important solution to reduce carbon emissions and pollutants that impact air quality.The proposed ordinance aligns directly with the resolution by expanding greater adoption of electric vehicle technology, expanding EV charging infrastructure, accelerating EV adoption rates, and supporting the inclusive development of clean transportation options for community members. In April 2022, Mayor Mendenhall signed a petition initiation request(PLNPCM2022- 00374) for the Sustainability Department to begin the process of amending the zoning ordinance to add requirements that a minimum of 20%of on-site parking spaces in new multifamily construction projects be built electric vehicle-ready(EV-ready). In July 2022,the Salt Lake City Planning Commission held a public hearing regarding PLNPCM2022-00374 and reviewed the corresponding staff report from the Sustainability Department.At the hearing,the Planning Commission unanimously passed a motion to forward a recommendation to the City Council to approve the request to amend the zoning ordinance for Electric Vehicle Readiness (PLNPCM2022-00374)• Electric Vehicles and Air Quality The on-road transportation sector accounts for nearly 20% of greenhouse gas emissions in Salt Lake City, contributing to air pollution and climate change and threatening the health and wellbeing of residents and visitors of Salt Lake City. Petroleum-fueled on-road transportation contributes significantly to the air pollution in the Wasatch Front airshed through criteria pollutants emissions. Electric vehicles present a net benefit to the community in terms of air quality improvements. Compared to a gasoline vehicle, electric vehicles offer the following percent reduction in emissions (estimated): 99.7%for volatile organic compounds(VOCs); 76.1%for NOx; 49.3%for PM1o; 64.8%for PM2.5; 95.7%for SO,; 99.8%for CO; and 1.8%for GHG(greenhouse gases). EV readiness infrastructure supports the increased adoption of EVs by multi-family tenants,which in turn will lead to reduction in local air quality pollutants,helping Salt Lake City maintain its attainment status for compliance with federal health-based standards for fine particulate matter and ozone. Equitable Access to Charging Opportunities Salt Lake City currently incentivizes electric vehicles by providing accessible public charging at 20 dual-port public EV charging stations at 15 sites within Salt Lake City,with more located at the airport.The charging stations,which are owned and operated by the City, are currently free to use for the posted time limit. Most of these stations were installed in 2017 and help serve short-term charging needs, accessibly and conveniently, across the city. Since the installation of these stations and the adoption of the first EV charging station ordinance requirement in Salt Lake City in 2017, EV registrations have increased statewide by 152%, according to a data request from the Utah State Tax Commission.As of quarter 3 of 2022, P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . _t l electric vehicles represent 5.7%of all vehicle purchases statewide for the year.As of February 2022, 1,665 EVs were registered in Salt Lake City across all applicable zip codes. Furthermore, electric vehicle ownership continues to increase. Many car manufacturers have publicized their goals of making only all-electric vehicles over the next decade. For example, General Motors has committed to only producing all-electric vehicles by 2035. With the passage of the Inflation Reduction Act,ownership of these vehicles is expected to grow dramatically over the next decade and beyond. The Inflation Reduction Act offers expanded$7,500 tax credits, available at the point-of-sale,for certain new electric vehicles, as well as up to a $4,000 tax credit for the purchase of a used EV. These trends make it all the more important that Salt Lake City's infrastructure is ready to serve residents across the City,including those who rent, giving them the ability to charge their vehicles. This is important because EV charging most commonly takes places at home. In a study by the Idaho National Laboratory(2015 study and press release),it was found that approximately 85% of charging events take place at home;with access to workplace charging,the at-home charging events accounted for approximately 61%on average.The proposed EV readiness ordinance helps to create home-based charging opportunities to residents that live in multi-family dwellings,where EV charging is often less accessible.Adoption of an EV-ready requirement for new construction ensures lower EV charging installation costs in the future, as well as provides residents with increased certainty that charging opportunities will be available when the need arises. The proposed EV readiness ordinance applies to any property with a multi-family use, including mixed-use developments, at the time of new construction or major reconstruction.Twenty percent(20%)of required or provided parking spaces shall be constructed as electric vehicle ready(EV-ready). EV-ready infrastructure includes installed electrical panel capacity and raceway with conduit to terminate in a junction box or 208-or 240-volt charging outlet.The ordinance does not require an installed charging station to comply with regulations; the intention of the proposed ordinance is to prepare parting spaces for the future use of a Level 2 EV charging station. P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . -t l Public Process The following timeline lists key events in the public process: Meetings with internal City stakeholders 2019-2020 Posted on Departmental project webpage Sept 2020—Present Public Comment Period 1 Oct 2020—January 2021 Salt Lake City Sustainability Public EV Presentation October 2020 Presentation to Utah Commercial Real Estate(UCRE)working group December 2020 Presented at Utah Commercial Real Estate Task Force EV Workshop February 2021 Public Comment Period 2 June 2021—August 2021 Public Comment Period 3 April 2022 —June 2022 Presentation to the Salt Lake City Planning Commission July 2022 P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor fe . . -t l TABLE OF CONTENTS 1. ORDINANCE 2. COMMENTS RECEIVED FROM PROJECT PAGE FORM SUBMISSION 3. LETTER RECEIVED FROM SWEEP,UTAH CLEAN ENERGY,AND WRA 4. LETTER RECEIVED FROM TESLA 5. EMAIL MESSAGES SENT TO SUSTAINABILITY DEPARTMENT P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . -t l ATTACHMENT 1 Ordinance—Red Lined Ordinance—Final P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 LEGISLATIVE DRAFT 1 SALT LAKE CITY ORDINANCE 2 No. of 2022 3 4 (Ordinance amending Section 21A.44.040 of the Salt Lake City Code 5 pertaining to EV-readiness for required off street parking) 6 7 WHEREAS,Chapter 21 A.44 of the Salt Lake City Code(Zoning: Off Street Parking,Mobility, 8 and Loading) sets forth minimum and maximum requirements for off-street parking spaces for 9 different zoning districts within Salt Lake City; and 10 WHEREAS, Section 21A.44.040(B) of the Salt Lake City Code currently mandates the 11 inclusion of one(1)parking spaces dedicated to electric vehicles and equipped with an electric vehicle 12 ("EV") charging station for every twenty-five (25) parking spaces for all multi-family use buildings 13 (the"EV Parking Ordinance"); and 14 WHEREAS, Salt Lake City Corporation ("City") is committed to carbon emissions 15 reduction, and pursuant to Resolution No. 33 of 2016, a joint resolution of the Salt Lake City 16 Council and Mayor establishing renewable energy and carbon emissions reduction goals for Salt 17 Lake City, adopted a goal of reducing carbon emissions by 50%by 2030; and 18 WHEREAS, on December 8th, 2020 the City Council and the Mayor adopted Resolution 19 No. 45 of 2020, a joint resolution of Salt Lake City Council and Mayor establishing electrified 20 transportation goals for Salt Lake City, establishing a commitment to support the development of 21 electric vehicle charging infrastructure,plus other programs, policies, and projects that encourage 22 the purchase and use of electric vehicles by local residents; and 23 WHEREAS, the Salt Lake City Council finds that updates to the EV Parking Ordinance are 24 necessary to require new multi-family use developments or major reconstruction projects of multi- 25 family buildings to include electric vehicle readiness infrastructure to support electric vehicle use for 26 Salt Lake City residents in advancement of the City's carbon emissions reduction goals. LEGISLATIVE DRAFT 27 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 28 SECTION 1. Amending Section 21A.44.040. Section 21A.44.040(B) of the Salt Lake City 29 Code shall be, and hereby is, amended to read as follows: 30 21A.44.040: REQUIRED OFF STREET PARKING: 31 B. Electric Vehicle Parking: 32 1. Each multi-family use shall provide a minimum of one (1)parking space dedicated to electric 33 vehicles for every twenty-five (25)parking spaces provided on-site. Electric vehicle parking spaces 34 shall count toward the minimum required number of parking spaces. The electric vehicle parking 35 space shall be: 36 Via. Located in the same lot as the principal use; 37 fib. Located as close to a primary entrance of the principal building as possible; 38 3 c. Signed in a clear and conspicuous manner, such as special pavement marking or signage, 39 indicating exclusive availability to electric vehicles; and 40 4d. Outfitted with a standard electric vehicle charging station. 41 2. In addition to Electric Vehicle Parking requirements, each multi-family use shall provide a 42 minimum of 20% electric vehicle ready (EV-ready)parking spaces of required parkin spaces paces 43 provided on-site. EV-ready parking spaces are parking spaces that are equipped with electrical 44 conduit and sufficient electrical capacity for the future use of a minimum 200-volt electric vehicle 45 charging station. The location of proposed EV-ready parking spaces shall be indicated on submitted 46 site plans. 47 a. EV-ready parking requirements shall count toward the minimum required and maximum 48 allowed number of parking spaces. LEGISLATIVE DRAFT 49 b. Parking areas with four or fewer vehicle parking spaces are not required to identify an EV- 50 ready parking space. pace. 51 c. Where no minimum parkin inquired, the 20% EV-ready_parking space requirement will 52 be based on provided parking 53 d. For new multi-family uses, a minimum of 20% of required Accessible (ADA)parking 54 spaces shall be constructed as EV-ready. 55 e. Electric vehicle parking spaces provided in accordance with Subsection B.1 that exceed 56 the minimum number of required spaces established in that subsection shall count towards the 57 required number of EV-ready_parking spaces required in this Subsection B.2. 58 SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first 59 publication. 60 61 Passed by the City Council of Salt Lake City, Utah this_day of , 2022. 62 LEGISLATIVE DRAFT 63 64 65 CHAIRPERSON 66 ATTEST: 67 68 69 CITY RECORDER 70 71 72 Transmitted to Mayor on 73 Mayor's Action: Approved. Vetoed. 74 75 76 77 MAYOR 78 79 80 CITY RECORDER APPROVED AS TO FORM 81 (SEAL) Salt Lake City Attorney's Office 82 83 Date: 84 Bill No. of 2022 85 Published: 86 Sara Montoya, Senior City Attorney 87 SALT LAKE CITY ORDINANCE No. of 2022 (Ordinance amending Section 21A.44.040 of the Salt Lake City Code pertaining to EV-readiness for required off street parking) WHEREAS,Chapter 21 A.44 of the Salt Lake City Code(Zoning: Off Street Parking,Mobility, and Loading) sets forth minimum and maximum requirements for off-street parking spaces for different zoning districts within Salt Lake City; and WHEREAS, Section 21A.44.040(B) of the Salt Lake City Code currently mandates the inclusion of one(1)parking spaces dedicated to electric vehicles and equipped with an electric vehicle ("EV") charging station for every twenty-five (25) parking spaces for all multi-family use buildings (the"EV Parking Ordinance"); and WHEREAS, Salt Lake City Corporation ("City") is committed to carbon emissions reduction, and pursuant to Resolution No. 33 of 2016, a joint resolution of the Salt Lake City Council and Mayor establishing renewable energy and carbon emissions reduction goals for Salt Lake City, adopted a goal of reducing carbon emissions by 50%by 2030; and WHEREAS, on December 8th, 2020 the City Council and the Mayor adopted Resolution No. 45 of 2020, a joint resolution of Salt Lake City Council and Mayor establishing electrified transportation goals for Salt Lake City, establishing a commitment to support the development of electric vehicle charging infrastructure,plus other programs, policies, and projects that encourage the purchase and use of electric vehicles by local residents; and WHEREAS, the Salt Lake City Council finds that updates to the EV Parking Ordinance are necessary to require new multi-family use developments or major reconstruction projects of multi- family buildings to include electric vehicle readiness infrastructure to support electric vehicle use for Salt Lake City residents in advancement of the City's carbon emissions reduction goals. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending Section 21A.44.040. Section 21A.44.040(B) of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 21A.44.040: REQUIRED OFF STREET PARKING: B. Electric Vehicle Parking: 1. 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: a. Located in the same lot as the principal use; b. Located as close to a primary entrance of the principal building as possible; c. Signed in a clear and conspicuous manner, such as special pavement marking or signage, indicating exclusive availability to electric vehicles; and d. Outfitted with a standard electric vehicle charging station. 2. In addition to Electric Vehicle Parking requirements, each multi-family use shall provide a minimum of 20% electric vehicle ready (EV-ready)parking spaces of required parking spaces provided on-site. EV-ready parking spaces are parking spaces that are equipped with electrical conduit and sufficient electrical capacity for the future use of a minimum 200-volt electric vehicle charging station. The location of proposed EV-ready parking spaces shall be indicated on submitted site plans. a. EV-ready parking requirements shall count toward the minimum required and maximum allowed number of parking spaces. b. Parking areas with four or fewer vehicle parking spaces are not required to identify an EV- ready parking space. c. Where no minimum parking is required, the 20% EV-ready parking space requirement will be based on provided parking. d. For new multi-family uses, a minimum of 20% of required Accessible (ADA)parking spaces shall be constructed as EV-ready. e. Electric vehicle parking spaces provided in accordance with Subsection B.1 that exceed the minimum number of required spaces established in that subsection shall count towards the required number of EV-ready parking spaces required in this Subsection B.2. SECTION 2. 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 , 2022. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER APPROVED AS TO FORM (SEAL) Salt Lake City Attorney's Office Date: December 6,2022 Bill No. of 2022 '!7 Published: Sara Montoya, Senior Cig Attorney ERIN MENDENHALL OFFICE OF THE MAYOR Mayor fe . . -t l ATTACHMENT 2 COMMENTS RECEIVED FROM PROJECT PAGE FORM SUBMISSION P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 Feedback,Comments,and Questions Date 1 This ordinance is a bit pre-mature,especially for multi-family projects. Most apartment owners cannot 9/23/2020 afford an electric vehicle and the EV stations installed don't get used. While I like the concept,the 21:05 ordinance will increase costs for housing at a time when we need to make housing more affordable. 2 1 certainly appreciate the need to move things in a clean energy direction,however,I cannot support 1/6/2021 pushing such a high percentage of required EV stalls.Electric vehicles are not a fully viable means of 21:25 transportation at this point,and won't be for some time. Until owning an electric vehicle makes practical and economic sense,20%of the population will not be driving these types of vehicles. Implementing reasonable EV station requirements,providing incentives for developers that go beyond the requirements,and/or stepping up requirements over time,all prove that the city is thoughtful on both sides of the situation. It is important to stay ahead of demand,however,having managed properties with EV stations,we are very far from a 20%use of these stations. 3 We appreciate the City working to push forward sustainability ordinances,as we all are stewards of our 1/7/2021 cities. However,requiring 20%of residential parking to cater to electric vehicles appears quite high in 19:26 relation to the actual users. We do live in an area where ownership of an electric vehicle is a luxury. In addition to being economically prohibitive,residents live in Utah in order to enjoy a state full of natural wonders,in which the current electric vehicle options are not viable. We recognize that this need is forthcoming,however,recommend an incentive program,rather than a%requirement,be initiated. If an EV station requirement ordinance is inevitable,we suggest that the%is substantially reduced and applied to only specific types/sizes of multi-family,matching the actual needs of the potential residents/general public. These requirements could then step as demand increases. 4 Hello,I have a question about this ordinance. Is this only applicable to new build? Or does it apply to 1/22/2021 existing multi-family dwellings? I live in an existing building and would love to push our HOA to install 16:03 charging stations,two of us own electric vehicles. ERIN MENDENHALL OFFICE OF THE MAYOR Mayor fe . . -t l ATTACHMENT 3 LETTER FROM SWEEP,UTAH CLEAN ENERGY, AND WRA P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 Williams, Shannon From: Matt Frommer <mfrommer@swenergy.org> Sent: Friday, November 20, 2020 12:04 PM To: Williams, Shannon Cc: aaron.kressig@westernresources.org;Josh Craft; Travis Madsen Subject: (EXTERNAL) Feedback on Electric Vehicle Readiness Ordinance Attachments: SLC EV Infrastructure Building Codes Letter.docx Hi Shannon, Please find our attached support letter for Salt Lake City's proposed EV Readiness Ordinance. As you'll see, our letter includes 3 recommendations to improve the proposed Ordinance: 1. Clarify the 'EV-Capable parking space' and 'EV-Ready parking space' definitions and infrastructure specifications. 2. Add EV infrastructure requirements for single-family residential and commercial buildings. 3. Make sure the EV infrastructure requirements apply to both new and renovated buildings. I'd suggest reviewing SWEEP's EV Infrastructure Building Codes Adoption Toolkit for more information on infrastructure costs and sample code language. Let us know if you have any questions. Thanks and have a good weekend! Matt Matt Frommer Senior Transportation Associate Southwest Energy Efficiency Project(SWEEP) M: 908-432-1556 mfrommer@swenergy.org Follow us at: @SouthwestEE Sign-up for SWEEP news 1 WESTERN UTAH SWEEP mRESO®URCE CLEAN SOUTHWEST ENERGY ENERGY EFFICIENCY PROJECT PROTECTING THE WEST S LAND.AIR,AND WATER November 20, 2020 Subject: Support the Adoption of Salt Lake City's Proposed Electric Vehicle Readiness Ordinance Dear Salt Lake City Sustainability Department, The signatories of this letter submit the following comments for consideration by the Salt Lake City Sustainability Department in the development of the City's Electric Vehicle Readiness Ordinance. We strongly support the City's proposed Ordinance,which will lower critical barriers to EV adoption by reducing the cost of installing EV charging stations. We also believe the Ordinance could be clarified, strengthened, and expanded to better align with the charging needs of Salt Lake City residents and businesses.To improve the proposed Ordinance, the City should: 1. Clarify the 'EV-Capable parking space' and 'EV-Ready parking space' definitions and infrastructure specifications. The proposed Ordinance calls for 20%of new parking spaces to be "electric vehicle ready (EV-ready)", but then describes EV-ready parking spaces to include "electrical conduit and sufficient electrical capacity for the future use of a minimum 200V EV charging station".This definition better resembles the language for"EV-Capable parking spaces" from the Sustainability Department's EV Readiness Ordinance presentation on October 14, 2020.The Department should clarify these requirements and add the following technical specifications, which were vetted by the ICC as part of the 2021 IECC code development process and have been adopted by a number of municipalities across the country: EV Capable Space. Electrical panel capacity and space to support a minimum 40-ampere, 208/240-volt branch circuit for each EV parking space, and the installation of raceways, both underground and surface mounted, to support the EVSE. EV Ready Space.A designated parking space which is provided with one 40-ampere, 208/240- volt dedicated branch circuit for EVSE servicing Electric Vehicles. The circuit shall terminate in a suitable termination point such as a receptacle,junction box, or an EVSE, and be located in close proximity to the proposed location of the EV parking spaces. We recommend maintaining the EV-Ready parking requirements, which includes a full 240V/40A circuit terminating in a receptacle,junction box, or EV charging station. A fully operational receptacle will allow residents to quickly and easily charge their EVs with an affordable and portable EV charging cable, which are typically included in the purchase or lease of a new EV. 2. Add EV infrastructure requirements for single-family residential and commercial buildings. The City's justification for EV infrastructure requirements in multifamily buildings is well-reasoned and the same logic should be extended to single-family residential and commercial buildings.The Sustainability Department's October 14th presentation includes data showing that well over 80%of EV charging takes place in the home with most of the remaining charging at the workplace. Like charger installations in multifamily buildings, the cost to install EV infrastructure at single-family homes and commercial buildings is significantly more expensive to complete during a stand-alone retrofit versus new construction (See SWEEP's 2020 EV Infrastructure Building Codes Adoption Toolkit for most information on costs.) EV-Ready infrastructure in commercial buildings drastically improves charging access, especially for residents of existing multifamily residential buildings, where the installation of a home-charger is often cost-prohibitive or logistically unfeasible. According to the U.S. DOE's Workplace Charging Challenge, employees are six times more likely to drive an EV if their workplace offers EV charging. To better support residential and commercial EV adoption,the Ordinance should include the following requirements: • One-and two-family dwellings: At least one EV-Ready parking space per dwelling unit. • Commercial buildings (Groups A, B, E, I, M,S-2): Provide a minimum of 20% EV-ready parking spaces.* The City might also consider a DC Fast-charger provision to allow developers to substitute up to five Level 2 charging spaces with one DC fast-charging space (minimum 20kW). 3. EV infrastructure requirements must apply to both new and renovated buildings. Governments and automakers around the world have signaled a total market transformation to electric transportation over the next 2-3 decades and we're going to need millions of new plugs in our homes and businesses to charge all these new EVs. EV infrastructure requirements for new buildings is an important first step, but according to a recent study from UC-Berkeley,just 6%of all homes in the U.S. were built in the last 10 years.As a result,the Sustainability Department should consider lowering the threshold for EV infrastructure requirements.The City and County of Denver applies their EV infrastructure requirements to 'Level 3 Alterations', "where the work area exceeds 50 percent of the original building area or more than 10 parking spaces are substantially modified are subject to the EV infrastructure requirements listed above." In conclusion, we applaud Salt Lake City for advancing policies that support greater EV adoption and we recommend extending these important EV infrastructure requirements to new and renovated residential and commercial buildings.Thank you very much for the opportunity to comment. Sincerely, Matt Frommer Senior Transportation Associate Southwest Energy Efficiency Project mfrommer@swenergy.org Aaron Kressig Transportation Electrification Manager Western Resource Advocates aaron.kressig@westernresources.org Josh Craft Government Relations Manager Utah Clean Energy josh@utahcleanenergy.org ERIN MENDENHALL OFFICE OF THE MAYOR Mayor fe . . -t l ATTACHMENT 4 LETTER FROM TESLA P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 Williams, Shannon From: Noelani Derrickson <nderrickson@tesla.com> Sent: Monday, January 25, 2021 10:53 AM To: Council Comments; Williams, Shannon Cc: Craig Hulse; Francesca Wahl Subject: (EXTERNAL) Salt Lake City EV Ready Ordinance - Tesla Letter of Support Attachments: Salt Lake City EV Ready Ordinance - Tesla Letter of Support 1.25.pdf Salt Lake City Council, Please find attached a letter of support from Tesla on Salt Lake City's proposed Electric Vehicle Ready Parking ordinance for multi-family units. Passage of the proposed ordinance is an important step in supporting higher levels of electric vehicles. Thank you, Noelani Derrickson I Public Policy and Business Development 3500 Deer Creek Rd, Palo Alto, CA 94304 m. (808) 220-8990 1 nderrickson(a_tesla.com T 5 L ri �1 January 25, 2021 Salt Lake City Council 451 South State Street, Room 304 Salt Lake City, UT 84111 council.comments(a)slcgov.com RE: Salt Lake City EV Readiness Ordinance—21.A.44.050.B.3 Salt Lake City Council, I am writing on behalf of Tesla to express our support for Salt Lake City's proposed electric vehicle (EV) readiness ordinance, which requires that multi-family developments provide a minimum of 20% EV-ready' parking spaces. Tesla's mission is to accelerate the world's transition to sustainable energy, and we are proud to be helping Salt Lake City meet our shared goals. As both a manufacturer of EVs and a provider of charging infrastructure for our customers, Tesla brings a unique perspective to the discussion on EV readiness measures for new buildings and construction on existing buildings. Access to EV charging represents one of the more fundamental challenges impairing demand for electric vehicles. Without easy and convenient access to EV charging, drivers will be less inclined to choose an EV over a conventional vehicle. Since most charging occurs at home or at work (80%), ensuring that Level-2 charging is generally available in residential and workplace parking structures provides an additional sense of reliability and convenience for current and future EV drivers. We commend Salt Lake City for its leadership in accelerating transportation electrification and proposing EV-readiness requirements for multifamily buildings. Salt Lake City will join a growing EV-ready is defined by Salt Lake City as meaning a parking space that is designed and constructed to include an electrical panel capacity with a dedicated branch circuit,a continuous raceway from the panel to the future EV parking space,and conduit to terminate in a junction box or 240-volt charging outlet.Available at http://www.slcdocs.com/slcqreen/Proposed%20EV%2OReadiness%200rdinance%2OPresentation%20SIides%20-%200ct%2014%202020.pdf T = 5 L r1 Tesla,Inc. 3500 Deer Creek Road, Palo Alto,CA 94304 p+650 681 5100 f+650 681 5101 list of cities across North America including Atlanta, Chicago, and Vancouver, that are adopting EV readiness requirements at 20% or higher for new parking spaces. Given the important role EV charging infrastructure will play in helping Salt Lake City meet its pollution and emission reduction goals, we urge the adoption of this EV-readiness ordinance. Sincerely, Noelani Derrickson Policy and Business Development Advisor nderrickson(aMesla.com ERIN MENDENHALL OFFICE OF THE MAYOR Mayor fe . . -t l ATTACHMENT 5 COMMENTS EMAILED TO SUSTAINABILITY DIVISION P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . _tl Williams, Shannon From: Dustin Holt Sent: Wednesday, November 18, 2020 9:05 AM To: Williams, Shannon Subject: (EXTERNAL) EV Stall Readiness Ordinance - Ms.Williams, As both a Salt Lake City resident and someone who develops multi-family projects in SLC, let me start by saying I am a huge proponent of SLC, and Electric Vehicles. I absolutely support Electric Vehicles and I support the Cities current requirements for projects to provide 1 EV stall per 25 Stalls the project provides (required or not). However, I have concerns about this new proposed ordinance. While it may not seem like a big deal, in a recent 100 unit Multi-Family project,we priced running conduit, upsizing power panels and up-sizing transformers/generators,so that each parking stall could accommodate an EV stall in the future. I can share with you that our findings were in excess of$3,000 per stall just in infrastructure cost.The exact infrastructure this ordinance is proposing. By the time you purchase the EV charging station itself,this could add $6-10K per STALL-depending on which EV station one goes with. Ultimately in a time when affordability is of major concern, having a required burden of an additional $6,000 per unit will force someone looking for a 5-6% return on investment (ROI)to increase rents by$250-300/yr. While this "MIGHT" promote more EV cars/ EV usage in the City, it"WILL" impact affordability. I am not in support of this change as a requirement. Thanks. Dustin E. Holt, Co-FounderdbURBAN Communities 801.573.9054 Williams, Shannon From: Peter Corroon P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. Sent: Wednesday, November 18, 2020 9:36 AM To: Williams, Shannon Subject: (EXTERNAL) RE: Reminder: SLC Electric Vehicle Readiness Ordinance Presentation -October 14th Shannon, Thanks for sending this over. I sent a comment previously but thought I should correspond directly. As someone who builds affordable housing, I have never seen anyone use our EV charging stations that we have installed. I have never actually seen any electric vehicles at our buildings. While I am a big fan of the conversion to electric vehicles, I think requiring additional infrastructure for EV charging stations is probably premature for affordable housing projects. I thinkthat they should be exempted from the proposed ordinance.This adds an additional cost when it is already difficult to make these projects pencil financially. Sincerely, Peter Corroon Real Estate Division Sentry Financial 201 S. Main St. Suite 1400 Salt Lake City, Utah 84111 mobile+1.801.597.7471 office +1.801.303.1114 From:Williams,Shannon<Shannon.Williams@slcgov.com> Sent: Wednesday, November 18, 2020 8:21 AM Subject: RE: Reminder: SLC Electric Vehicle Readiness Ordinance Presentation-October 14th Hello all, P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR MayorrT, 'LY! V m .J I am writing to let you know that the presentation materials for Salt Lake City's proposed Electric Vehicle Readiness Ordinance are now available. Thank you all who attended the presentation live. Feel free to viewthe presentation recording or presentation slides at your convenience. There is still an opportunity to provide feedback on the proposed changes! Visit www.slcqreen.com/EVready or email directly shannon.williams@slcgov.com to submit your feedback,comments, and questions. If you are interested in Salt Lake City Sustainability presenting at your organization, please email ShannonWilliams at the email above. We are happy to answer questions, collect your feedback, and provide additional information. We hope to hear your feedback on the proposed EV Readiness ordinance. Your voice and ideas areimportant to us and will help create a stronger and more resilient ordinance. Find more at www.slcgreen.com/EVready. Best regards, Shannon Williams SHANNON WILLIAMS Special Projects Assistant DEPARTMENT of SUSTAINABILITY SALT LAKE CITY CORPORATION I ' A From: Williams, Shannon Subject: Reminder: SLC Electric Vehicle Readiness Ordinance Presentation-October 14th P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . _tl Developers and Building Professionals, Reminder:join Salt Lake City's Sustainability Department on Wednesday, October 14 to learn about the City'sproposed Electric Vehicle (EV) Readiness Ordinance. Learn how the ordinance helps to avoid costly retrofits, promotes clean air in Salt Lake City, and meets increasing EV charging demand. The EV Readiness Ordinance is a proposed addition to the City zoning ordinance chapter for Off Street Parking, Mobility, and Loading (21A.44 and applies to properties with a multifamily use, including mixed-use developments. In this presentation, Sustainability staff will cover: Economic and air quality benefits of the ordinance Proposed ordinance requirements How to provide feedback to Salt Lake City Find additional information at www.slcgreen.com/EVready. Presentation Details We hope to see you next week. The presentation will be made available as a recording for anyone unable toattend the live event. Presentation: Electric Vehicle Readiness Ordinance Date: Wednesday, October 14 from 2 PM - 3 PM Who Should Attend: Developers and stakeholders of multifamily developments How to join the Presentation: 1. Click the WebEx link below to join the presentation at the specified time and date: https://saltlakecity.webex.com/saltlakecity/onstage/g.php?MTID=ec94196cbf9470d5 eaa53dea6c2024f80 Password: wgMCvBPY589 2. Choose one of the following audio options: Video Address: 1462090718@saltlakecity.webex.com You can also dial 173.243.2.68 and enter your meeting number. Audio Conference: +1-408-418-9388 (United States Toll) P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . _tl Access code: 146 209 0718 `"° C' DEPARTMENT of SUSTAINABILITY SLCg reen SALT LAKE CITY CORPORATION 8o1.535.7761 Williams, Shannon From: Paul Smith Sent: Wednesday, December 9, 2020 11:02 AM To: Williams, Shannon Cc: Otto, Rachel Subject: (EXTERNAL) RE: Salt Lake City Proposed EV Readiness Ordinance Shannon— Thank you so much for reaching out. I missed your first email in November, Our position on this issue will be similarto the legislature's position several years ago when a similar thing was tried by Salt Lake City: It is inappropriate for any municipality to mandate this(the market should guide if there is demand andfeasibility for electric charging stations in multi-family) In an affordable housing crisis it is a particularly bad time to mandate anything that increases cost of housing Even if there is political will in the city,I think the legislature might overrule such a policy, should you put it in effect.What is your timeline here? Thanks again for including us as a stakeholder. We really appreciate it and to the extent we could work together to educate owners about environmentally friendly policies and electric vehicle charging station issues, we would love to help. Perhaps through education and persuasion we could effect more change than a doomed ordinance would bring. Paul Smith Executive Director Utah Apartment Association P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . _tl 230 W Towne Ridge Pkwy#175, Sandy, UT 84070Phone: 801-487- 5619 1 www.uaahq.org From:Williams,Shannon<Shannon.Williams@slcgov.com> Sent: Wednesday, December 9, 2020 8:17 AM To: Paul Smith Subject: RE: Salt Lake City Proposed EV Readiness Ordinance Hi Paul, I'm writing to follow-up on the information I provided below. Do you have any questions about the proposed ordinance? Would you or the organizations you work with wish to provide feedback? Please let me know if you're interested in having further discussion. Best, Shannon Williams SHANNON WILLIAMS Special Projects Assistant DEPARTMENT of SUSTAINABILITY SALT LAKE CITY CORPORATION o.801.535.7761 c.541.740.5915 I ' _ML -MEbm From: Williams, Shannon Sent: Wednesday, November 18, 2020 8:39 AM To: Paul Smith P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . _tl Subject:Salt Lake City Proposed EV Readiness OrdinanceHi Paul, I'm writing to let you know about a proposed Salt Lake City ordinance change for electric vehicle readiness.The Salt LakeCity Sustainability Department is in the process of collecting feedback from stakeholder groups and would greatly appreciate your review of the proposed language, as well as any comments, questions, and other feedback you have. To provide some context,the EV Readiness Ordinance is a proposed addition to the City zoning ordinance chapter for Off Street Parking, Mobility, and Loading (21A.44) and applies to properties with a multifamily use, including mixed-use developments. For new applicable developments, 20%of required parking spaces will be required to be built to "electricvehicle ready" specifications, in order to prepare for future installation of charging stations. More information, includingthe proposed language, can be found at www.slcgreen.com/EVreadV. We presented the proposed ordinance in October, but I am unsure if you or your partners were able to make the event.The recorded presentation and presentation materials are available online. There are a couple of ways for you to submit feedback. You can provide feedback(anonymously, if preferred) at the project page at www.slcgreen.com/EVreadV.Alternatively you can email your feedback to me directly, at shannon.williams@slcgov.com. If you feel that a presentation or Q&A session might be useful for your organization, I ammore that willing to present, field questions, and collect feedback.Your input is important to us and will create a more resilient and informed ordinance. Please reach out with any questions.Best regards, Shannon Williams SHANNON WILLIAMS Special Projects Assistant DEPARTMENT of SUSTAINABILITY SALT LAKE CITY CORPORATION o.801.535.7761 c.541.740.5915 P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . _tl Williams, Shannon From: Tiffany Morris Sent: Wednesday, February 17, 2021 12:10 PM To: Williams, Shannon Subject: (EXTERNAL) Question about EV Ordinance Hi Shannon, I attended the UCRE workshop yesterday about the proposed EV ordinance. I had to leave the call early, but I was wondering if this ordinance will just apply to Salt Lake City or beyond that? I think it is a great initiative and excited to do my part to help. Thank you, Tiffany Morris Asset Manager Triton Investments Inc. www.apartmentsinuta.com www.apartmentsinidaho.com Nelson, Peter August 23, 2021 TO: Salt Lake City Planning Commission FROM: Judi Short, First Vice Chair and Land Use Chair Sugar House Community Council RE: 21A.44.050.B.3 Electric Vehicle Ready Parking Text Amendment We received notification of this proposed Text Amendment, and it was put on our website and in the Sugar House Community Council Newsletter for August. It is also in the newsletter going out tomorrow for September. We have received no written comments, but everyone seems to agree with this concept. If electric vehicles are the wave of the future, we need to make sure that our parking garages are welcoming, and there is no better way to do that than to have charging stations available. We approve of the idea that requiring a minimum of 20%of on-site parking spaces be constructed EV ready, including electrical conduit and sufficient electrical capacity for the future use of a minimum 200- P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor M. . _tl volt electric vehicle charging station. And,that the requirement is in addition to the existing EVSE- related requirement of one electric vehicle charging station per 25 required parking spaces for multi- family properties. The only negative comment came from a developer who complained about the huge expense this would add to the cost of his buildings, but then said it was the right thing to do. Nelson, Peter From: george chapman To: Nelson, Peter Subject: (EXTERNAL) I am against increasing cost of housing for EV charging Date: Thursday, May 19, 2022 3:41:29 PM The text amendment PLNPCM2022-00374 will significantly increase costs of housing in SLC. EV penetration is not close to 5%and Utah is not getting many more EV.The cost almost requires so much money that they buy a home. Don't increase housing costs for a questionable dream of having everyone drive EVs. Nelson, Peter From: george chapman To: Nelson, Peter Subject: (EXTERNAL) Comment against 20% EV infrastructure Date: Monday, June 13, 2022 12:20:15 PM P LN PCM 2022-00374 Since EVs in Utah are still around 4%, adding this requirement now will significantly increase the cost of housing without benefits. Maybe in 10 years it may make sense but we can't even buy an EV in Utah (easily). P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 Item C2 v " MOTION SHEET T e Q,__ -._ -Z CITY COUNCIL of SALT LAKE CITY TO: City Council Members FROM: Brian Fullmer Policy Analyst DATE: April 4,2023 RE: Accessory Dwelling Unit(ADU)Ordinance Amendment PLNPCM2O22-00475 MOTION i(adopt with owner occupancy requirement only in single-family residential districts) I move that the Council adopt the ordinance,and include the following conditions: • Remove conditional use requirements for ADUs • Establish the maximum size of a detached ADU is 1,00o square feet • Retain the owner occupancy requirement for properties with single-family homes and ADUs in the FR,R-1,SR-1,and SR-LA zoning districts • Adversely affected parties have right of enforcement for violating terms of an ADU restrictive covenant • The minimum corner side yard setback is 20%of the lot width,or 10 feet whichever is less • Provide a minimum of one off-street parking space for Accessory Dwelling Unit(ADU)residents,with the following exceptions: o If the property is within 1/2 mile of a designated bicycle lane or path o If the property is within 1/4 mile of transit o If sufficient space for on-street parking is available in front of the primary residence (Optional)I further move that the Council adopt the following legislative intents: • It is the intent of the Council to revisit this requirement in three/five years.In the interim,data will be collected and reviewed regarding numbers of ADUs constructed during this three-year period,barriers to their construction,and impacts to neighborhoods. • It is the intent of the Council to provide$1 million in one-time funding to provide financial support for ADU construction. • It is the intent of the Council to fund 2 additional Civil Enforcement employees for ADU enforcement. Staff note on logistics for intents relating to the annual budget:The Council may choose to adopt these legislative intents in conjunction with action on the ADU ordinance,but no funding will be finalized until the annual budget is adopted in mid-June.The Mayor could choose to include these in her recommended budget presented to the Council on May 2,or the Council could choose to add these items subsequent to receiving the recommendation from the Mayor. MOTION 2(adopt with owner occupancy requirement citywide) I move that the Council adopt the ordinance,and include the following conditions: • Remove conditional use requirements for ADUs • Establish the maximum size of a detached ADU is 1,00o square feet • Adversely affected parties have right of enforcement for violating terms of an ADU restrictive covenant • Adopt the ordinance as proposed,retaining the owner occupancy requirement for properties with ADUs • The minimum corner side yard setback is 20%of the lot width,or 10 feet whichever is less • Provide a minimum of one off-street parking space for Accessory Dwelling Unit(ADU)residents,with the following exceptions: o If the property is within 1/2 mile of a designated bicycle lane or path o If the property is within 1/4 mile of transit o If sufficient space for on-street parking is available in front of the primary residence (Optional)I further move that the Council adopt the following legislative intents: • It is the intent of the Council to revisit this requirement in three/five years.In the interim,data will be collected and reviewed regarding numbers of ADUs constructed during this three-year period,barriers to their construction,and impacts to neighborhoods. • It is the intent of the Council to provide$1 million in one-time funding to provide financial support for ADU construction. • It is the intent of the Council to fund 2 additional Civil Enforcement employees for ADU enforcement. Staff note on logistics for intents relating to the annual budget:The Council may choose to adopt these legislative intents in conjunction with action on the ADU ordinance,but no funding will be finalized until the annual budget is adopted in mid-June.The Mayor could choose to include these in her recommended budget presented to the Council on May 2,or the Council could choose to add these items subsequent to receiving the recommendation from the Mayor. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCILCOM P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY ,,, ,V I'n u ,,,,, Item Schedule: Briefing:January 17,2023, February 7,2023,March 7,2023, TO: City Council Members March 14,2023,March 21,2023 Set Date:January 17,2023, FROM: Brian Fullmer March 7,2023 Policy Analyst Public Hearing: February 7,2023, March 21,2023 DATE: April 4,2023 Potential Action:April 4,2023 RE: Accessory Dwelling Unit Ordinance Amendment PIENPCM2022-00475 APRIL 4, 2023 UPDATE The Council continued its discussion during the March 21 work session. Council Members voiced appreciation for the many conversations and willingness to work with each other.They clarified where potential owner occupancy requirements would be in the FR, R-1,SR-1, and SR-1A zoning districts.A suggestion was made to revisit the owner occupancy requirement in five years rather than three years so a larger data set can be collected. Council Members also discussed whether the proposed ordinance might lead to more demolitions in higher density zones. Planning staff noted the significant development potential within TSA zones as compared to single family zones. If the proposed ordinance is adopted,that development potential would remain,and likely have a negligible impact on a property owner's decision whether to redevelop their property. A Council Member suggested including language in the restrictive covenant allowing neighbors the right of enforcement for short term rentals of ADUs.If a neighbor sued an ADU owner for short term rental violations and prevailed in court,the ADU owner would be responsible for both parties'attorney's fees.The converse would also apply. If the ADU owner prevailed,the neighbor would be responsible for both parties' attorney's fees.The City Attorney's Office is drafting language to include in a restrictive covenant. More than twenty people spoke at the March 21, 2023 second public hearing.Most expressed support for an owner occupancy requirement either citywide or in the proposed zoning districts. Some commenters favored a data collection period longer than three years before assessing the effectiveness of the proposed changes. The Council closed the public hearing and deferred action to a future meeting. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCIL.COM P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651 The following information was provided for previous Council briefings. It is included again for background purposes. MARCH 21, 2023 UPDATE The Council held a follow-up discussion at its March 14, 2023 meeting to narrow options to consider in preparation for a potential vote at the March 21, 2023 meeting.Most Council Members did not support completely removing the owner occupancy requirement.Two options for this requirement being considered are: • Retaining the owner-occupied requirement for properties with single-family homes and ADUs in the FR(Foothills), R-1 (Single-Family Residential), and SR-1/SR-iA(Special Development Pattern Residential) zoning districts.The owner occupancy requirement would be removed in other zoning districts where ADUs are allowed,where there are existing commercial/rental and multifamily uses currently. • Retain the owner occupancy requirement for properties citywide where ADUs are allowed, with a legislative intent to revisit this requirement in three years. In the interim, data would be collected and reviewed on ADUs constructed,barriers to their construction, and neighborhood impacts. In addition, Council Members requested the following legislative intents that relate to the annual budget • It is the intent of the Council to provide $1 million in one-time funding to provide financial support for ADU construction. • It is the intent of the Council to fund 2 additional Civil Enforcement employees for ADU enforcement. Staff note on logistics: The Council may choose to adopt these legislative intents in conjunction with action on the ADU ordinance, but no funding will be finalized until the annual budget is adopted in mid-June. The Mayor could choose to include these in her recommended budget presented to the Council on May 2, or the Council could choose to add these items subsequent to receiving the recommendation from the Mayor. A second public hearing on this topic will be held during the Tuesday,March 21 formal meeting.The Council could vote that evening. MARCH 14, 2-023 UPDATE The Council continued its discussion on proposed changes to the Accessory Dwelling Units(ADU) ordinance that include an owner occupancy requirement,concerns related to affordability of constructing ADUs and other barriers to their creation.Council Members also discussed potential tools to assist with reducing the cost of ADU construction, challenges with enforcing violations, and potential fees to offset costs of additional ADU enforcement.The need for additional market rate housing was discussed and the potential for ADUs to help fill that need. Mayor Mendenhall addressed the Council during the March 7, 2023 work session discussion to share her support of the Planning Commission's recommendation on maintaining owner occupancy requirements. The mayor also stated the desire for ADUs to be a wealth building tool for individuals and families. Planning staff clarified the proposed owner occupancy requirement is based on the property use rather than underlying zoning.Thus,if commercial use is allowed on property that is used for residential purposes,the owner occupancy requirement would apply for an ADU on that property.If there is commercial use of the property,owner occupancy is not required. The Council will hold further discussions during its March 14, 2023 work session meeting.A second public hearing will be held March 21, 2023 during the 7:0o pm formal meeting,prior to a potential Council vote that evening. Page 12 ADDITIONAL INFORMATION After the public hearing on February nth,some Council Members expressed interest in having additional work session discussion time to consider other options, and potentially reconsider some of the straw polls which were taken at the February 7th work session. As a reminder,the following straw polls were taken: • Supported keeping one off-street parking space. • Supported keeping the following exceptions to required off-street parking: o If the property is within 1/2 mile of a designated bicycle lane or path. o If the property is within 1/4 mile of transit. • Supported removing an exception to the off-street parking requirement if sufficient space for on- street parking is available in front of the house. • Supported increasing the maximum size of a detached ADU to i,000 square feet. • Did not support the Planning staffs recommended 1,200 square foot maximum size of a detached ADU on lots 12,000 square feet or larger. • Supported retaining the owner occupancy requirement. • Supported amending corner side yard setbacks to 20%of the lot width or to feet,whichever is less. This would allow an ADUs on corner lots to be located closer to the street than to an adjacent property. • Supported removing the conditional use requirement for ADUs. • Did not support limiting ADU height to the principal structure's height. The following is a list of additional ideas that have been raised by Council Members since the last discussion,grouped by topic area: 1. Ideas relating to the owner occupancy requirement: a. Option to remove the requirement altogether. b. Option to require construction of ADUs to be owner occupied for 1 year,with the option to remove the restriction after one year of no substantiated zoning or civil enforcement complaints. c. (could be combined with a or b)Require a business license and institute a fee to offset costs of enforcement, and require commitment to not use as a short term rental ■ For any landlord using an ADU as a rental.Two different fees have been suggested (subject to cost justification), $1,000 per year or$2,400 per year($200 per month) ■ Allow owner occupied properties to have this fee waived ■ The fee cannot be waived by the Good Landlord program d. Add a sunset clause for the owner occupancy requirement citywide.If there is no additional Council action,this requirement would sunset in 24 months(or some other period). e. Potential ideas that may be related to owner-occupancy reconsideration: ■ reconsider straw poll relating to parking requirements for lots within 1/2 mile of designated bicycle lane ■ reconsider straw poll to increase the size from 720 to l000 square feet 2. Enforcement a. Add 1 or more employees(FTEs)in Civil Enforcement specifically to address ADU related violations including noise,illegal Short-Term Rentals, etc.Costs could be offset by fees (idea raised in item i.c.). Consider allocating funds in BudgetAmendment#5 as a Council- added item. 3. Incentives a. Use a legislative intent or allocate funds in Budget Amendment#5,or an upcoming RDA budget amendment,to make creation of affordable ADU programs a higher priority.The funding could address staffing costs to develop and administer programs as well as direct program costs such as incentives.Ideas raised include pre-approved development plans, Page 13 subsidy for utility connection fees, direct financial support in form of grants or loans, examine other way's ADUs have shown to be expensive(fire sprinklers,etc.). 4. Other questions Council Members asked staff(this section may be updated prior to the March 7 discussion. It reflects questions as of March 1. Council staff is working on gathering additional information). o To what extent has comment from the public and community councils addressed owner occupancy? o To what extent did the Planning Commission discuss owner occupancy? o To the extent that studies are cited in relation to the impacts of owner occupancy requirements,can Council staff thoroughly review those studies to provide Council Members specific information about whether any owner occupancy conclusions are objectively verifiable and applicable to different markets?Is owner occupancy isolated as a specific variable,or is it grouped with a list of other possible variables? o Are there stronger enforcement tools such as restrictive covenants that can help mitigate neighborhood impacts? Next steps: The Chair and Vice Chair are planning on a work session discussion March 71h, with a second public hearing and potential considerations for action March list,which is the next formal Council Meeting. FOLLOW-UP BRIEFING AND PUBLIC HEARING UPDATES Follow-up Briefing At the February 7, 2023 follow-up briefing,the Council reviewed five Accessory Dwelling Unit(ADU)topics discussed at the previous briefing.These topics were parking requirements,maximum ADU size,owner occupancy requirement, setback, and a conditional use requirement. The Council held a series of straw polls indicating their positions on these various topics.The Council Chair reminded the public that these straw polls are not the final votes and Council Members may feel differently following the public hearing. (Refer to straw polls above.) Public Hearing Update Seventeen people spoke at the February 7, 2023 public hearing expressing support for,or opposition to, ADUs.Those in favor cited the need for additional quality, affordable housing in the city,ADUs provide a way to add moderate density to neighborhoods,and potential benefits to property owners. Suggestions were made to incentivize micro units,review fees and other permitting requirements,and require ADU compatibility with the lot's original structure. Those who expressed opposition to the proposal noted the difficulty enforcing on illegal short-term rentals, ADUs blocking light from neighbors'gardens and solar collectors,and potential negative impacts to neighborhoods. The Council closed the public hearing and deferred action to a future Council Meeting. BRIEFING UPDATE At the January 17, 2023 briefing,Council Members focused their discussion on five topics related to Accessory Dwelling Units(ADUs):parking requirements,maximum ADU size,owner occupancy,required setbacks,and conditional use requirements.A summary of each topic is included below, as well as potential straw polls for Council consideration. Potential Straw Polls Staff is including the following potential straw polls to help clarify the Council's wishes regarding five main topics discussed during the briefing. Page 14 1. Is the Council supportive of maintaining the existing requirement for a minimum of one off-street parking space for ADUs where the proposed exceptions do not apply? If so,does the Council support the following exceptions in the draft ordinance? a. The property is in a zoning district with no minimum off-street parking requirement. b. The property already contains at least one accessible stall above the minimum parking requirement. c. The property is within one-half mile of a designated bicycle lane or path. 2. Does the Council wish to increase the maximum size of a detached ADU to: a. 720 square feet as proposed by Planning staff? b. 1,000 square feet as proposed by the Planning Commission? C. 1,200 square feet on lots 12,000 square feet or larger? 3. Does the Council wish to maintain the current owner occupancy requirement? 4. Is the Council supportive of the proposed setback requirements shown below? a. A suggestion was made for corner side yard setbacks of 20%of the lot width or to feet, whichever is less.Is the Council supportive of this? 5. Does the Council wish to remove the conditional use requirement for ADUs? Parking Requirements The proposed ordinance maintains the requirement for one on-site parking space for an ADU.Under the proposal,the following circumstances allow this requirement to be waived: • The property is in a zoning district with no minimum off-street parking requirement. • The property already includes at least one accessible stall beyond the minimum parking requirement. • The property is within one-half mile of a designated bicycle lane or path. Council Members discussed advantages and disadvantages of this requirement. It was noted the off-street parking requirement could be a barrier to some who would like to construct an ADU. Eliminating the requirement for off-street parking would potentially create additional issues for areas that have limited on- street parking or are near venues that draw large crowds and attendees often park in the nearby neighborhoods. Maximum AD U Size Planning staff recommended increasing the maximum size of a detached ADU from the current 650 square feet to 720 square feet. (The proposal allows detached AUDs up to 1,200 square feet on lots 12,000 square feet or larger.) During the Planning Commission briefing, Commissioners included a recommendation of increasing the maximum size to 1,000 square feet. The Council discussed potential neighborhood impacts if the maximum size is increased to 1,000 square feet. It was noted a compact two-bedroom ADU would be feasible if the maximum size was increased to 720 square feet. Owner Occupancy A robust discussion was held about the requirement for a property owner to reside on the property.A suggestion was made to remove this requirement,noting a reduction of the pool of potential buyers if the property is listed for sale. Other points raised were removing the owner occupancy requirement could exacerbate issues with absentee landlords,and requiring owner occupancy may lead to higher quality ADU materials and construction. A majority of Council Members expressed support for retaining the owner occupancy requirement. Required Setbacks Planning staff reviewed current and proposed setbacks for detached ADUs with the following table: Page 15 Detached ADUs Standard Current Requirement Proposed Requirement Minimum New accessory buildings and additions to 3 feet from interior side or rear lot lines. Setback existing accessory buildings: 4 feet from any side 10 feet from corner side lot line. or rear lot line. If accessory building is taller than 17 feet,setback must Second story additions: 10 feet from any side or be increased by 1 foot for every additional foot in height rear lot line,unless abutting an alley,in which case above 17'. setback can be reduced to 4 feet. N accessory building is taller than 17 feet,setback must be increased to 10 feet, unless abutting an alley, in which case setback can be reduced to 4 feet. Council Members discussed whether a io-foot setback from a corner side yard is appropriate. Planning staff stated the current ordinance does not specify setback requirements for detached ADUs on corner lots. Rather,it defers to general accessory building setbacks,which are not allowed less than 20 feet from the side yard property line on corner lots.They noted moving a detached ADU closer to the street would have less of an impact on abutting property.On narrower lots,a 20-foot setback in corner side yards may require an ADU close enough to the opposite property line that it prohibits the abutting property owner from adding an ADU to their property due to spacing requirements between dwelling units. A discussion was also held about potential impacts reducing the minimum side or rear yard setback from four feet to three feet. Under the proposal balconies would be allowed on the second story of a detached ADU and face any direction.They may not encroach into the required setback areas,contain HVAC equipment,or be used for storage. Conditional Use Requirements Planning staff reviewed the conditional use requirement origin.They noted the Council's request for a process allowing public input on ADU petitions.Making ADUs a conditional use was the only option identified to meet this request. Planning said the Planning Commission has not denied any ADU applications.They stated detrimental neighborhood impacts related to ADUs that are not addressed in City Code are not happening.The Planning Commission added few conditions to ADU applications in more than three years. Planning staff calculated the time required to process 25 ADU applications per year equals one full time staff person. Some Council Members expressed concern about removing the conditional use process.They noted the public was told this would be part of the ADU process and now that may change. The Council will be briefed about a proposal to amend the City ordinance related to Accessory Dwelling Units(ADUs)making external units a permitted rather than conditional use,expand locations in the city where they can be built, simplify standards,and encourage their construction. At its February 9, 2022 meeting,the Planning Commission voted to initiate a petition making ADUs a permitted use in any zoning district where residential units are permitted.This includes ADUs that are internal,attached to a main structure,or in a detached building. Current code only allows ADUs in owner- occupied properties in the City that currently have single family homes (as a conditional use in single- family districts),although internal ADUs are allowed by right due to state code.The Planning Commission expressed a stated desire to expand opportunities for ADUs. City Council and Administrative staff input was also provided resulting in proposed changes summarized in the Additional Information section below. Page 16 The Planning Commission reviewed the proposal during its September 14, 2022 meeting and held a public hearing at which three people spoke.Comments focused on making ADUs affordable,support for owner occupancy of the main house,and a suggestion for City funding to assist homeowners to construct ADUs. Concerns cited include removing the conditional use could impact adjacent neighbor privacy, a lack of public comments when ADUs are constructed, and neighborhood impacts from additional on-street parking. Commissioners discussed increasing the maximum size of a detached ADU from the proposed 720 square feet to i,000 square feet.A motion was made to forward a positive recommendation to the City Council that includes a modification to increase the maximum size of a detached ADU to 1,00o square feet.That motion passed 6-2.Those voting against the motion were not supportive of the i,000 square foot maximum. It should be noted the draft ordinance allows detached ADUs up to 1,200 square feet if the lot size exceeds 12,000 square feet,is outside a residential zoning district,or is part of a planned development that includes a minimum of four dwelling units. In response to a Council Member question, Planning staff clarified there is no minimum space between a detached ADU and the primary residence other than required fire code separation. The draft ordinance includes a requirement that the owner reside on the property.This requirement may be met by a person related to the property owner or a trustor of a family trust that owns the property living on the property. Exceptions of up to three years are provided for property owners who are on temporary work assignments,serve in the military, are on sabbaticals, or participating in voluntary service.An additional exception is included for property owners who are placed in a hospital,nursing home, assisted living facility or other similar facility that provides medical care. Goal of the briefing:Review the proposed zoning and future land use map amendments, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1. The Council may wish to discuss maximum ADU square footage of 720 square feet, 1,000 square feet,or larger based on lot size. 2. The proposed ordinance includes a requirement that the owner reside on the property as noted above.The Council may wish to discuss whether to keep this requirement. 3. The Council may wish to discuss incentive options for homeowners constructing ADUs to be rented at affordable rates, and potential sources of that funding. a. The Council,acting as the RDA board,allocated funding in the 9 line project area to assist in funding construction of ADUs,although this funding was limited to that project area. b. The Council has also directed funds from"Funding Our Future"sales tax revenue towards incentivizing development of affordable housing units and programs. ADDITIONAL INFORMATION As previously noted,there are several proposed changes to the ADU ordinance.These are summarized below. For the complete analysis,please see pages 2-10 of the Planning Commission staff report. Remove Conditional Use Requirement ADUs are currently permitted in two-family and multi-family zoning districts by-right when associated with a single-family dwelling. Detached ADUs in a single-family residential district are required to go through the conditional use process. It is worth noting House Bill 82 went into effect in October 2021 Page 17 making internal ADUs permitted uses in single-family residential zones.The proposed ordinance aligns with that legislation. The proposal removes a conditional use requirement for detached ADUs in single-family residential districts.This would streamline the process for applicants and reduce staff and Planning Commission time needed to review ADU applications. Planning staff noted"Potential negative impacts of ADUs would continue to be managed by the development standards in the ADU Ordinance." Expand Where ADUs Can Be Built One goal of the proposed ADU amendments is to expand where they are allowed.Tables summarizing impacts to zoning districts under the proposed ADU amendments are included on pages 3-4 of the Planning Commission staff report.They are replicated in Attachment A to this report for convenience. Currently ADUs are allowed as a conditional use on properties used for single-family residential in residential zoning districts. In summary,the proposed changes would allow ADUs as a permitted rather than conditional use in single-family residential zoning districts, allow them as a permitted use in several lower intensity commercial zoning districts,transit station districts,form-based, and downtown zoning districts.ADUs would continue to be prohibited in manufacturing districts,and special purpose districts. Planning staff included the following maps on page 5 of the Planning Commission staff report showing current locations where ADUs are allowed and where they would be allowed under the proposal.The maps are included here for convenience. Map showing where ADUs are currently allowed n■uul te,i�V 012 . ,. —k" iiwra Ili Ullf a{�ii � .. //i111YNi11".fl .. Illl.11ll.t.� I! Ir '_A IN Legend - ADU Permitted(Detached or Internal) Detached ADU Requires Conditional Use ADU Not Permitted Page 8 Map showing where ADUs would be allowed under proposed changes Images Courtesy Salt Lake City Planning Division r :• rts , '■C■r rom ::=h: ■ ■1 DIY 1%9�CJ■ ■■■■IMRIII YC, ■.. I��u■Vn■ve:ur etc...• ��-.II I Y_ il �� Y Legend r-��■ _AD U Permitted(Detached or I rdemal) ADU Nat Permitted Adjust Size, Bulk, and Yard Requirements The proposed amendment modifies size,bulk,and yard requirements to generally make them less restrictive.These are summarized in the following tables provided by the Planning Division. (Images depicting various standards are found on pages 7-8 of the Planning Commission staff report.) Internal ADUs Standard Current Requirements Proposed Requirement Maximum Size 50%of gross square footage of No maximum.Aligns with HB82. principal structure. Detached ADUs Standard Current Requirement Proposed Requirement Maximum Size 50%of principal structure's In residential zoning districts: footprint or 650 square feet, 720 square feet maximum. whichever is less Can be increased to 1,200 square feet if lot is 12,000 square feet or larger. Maximum Height 17 feet. 17 feet. If principal structure is taller Can be increased up to 24 feet than 17 feet,ADU can be the with an increased setback. same height as the principal structure,up to 24 feet. Page 9 Minimum Setback New accessory buildings 3 feet from interior side or rear and additions to existing lot lines. accessory buildings: 4 feet from any side or rear lot line. 10 feet from corner side lot line. Second story additions: 10 If accessory building is feet from any side or rear lot line, taller than 17 feet, setback unless abutting an alley,in which must be increased by 1 foot for case the setback can be reduced every additional foot in height to 4 feet. above 17 feet. If accessory building is taller than 17 feet,setback must be increased to 10 feet, unless abutting an alley,in which case setback can be reduced to 4 feet. Introduce Alley Activation Requirements Detached ADUs are often constructed adjacent to public alleys,which provides an opportunity to activate the alleys.The proposed amendment adds requirements for ADUs abutting alleys to include lighting on the ADU to illuminate the abutting alley segment,and a path between the ADU and alley. Keep Short-Term Rental Restrictions The proposed amendment maintains the current ordinance prohibition on short-term rentals.A definition of"short-term rental"as a dwelling unit offered for rent or lease for less than 3o days would be added. Adjust Other Requirements The proposal adjusts and clarifies requirements for decks,patios,and outdoor space. Rooftop patios continue to be prohibited,but balconies are permitted provided they meet setback requirements. Parking requirements for ADUs would be maintained much as they are if the proposed amendments are adopted. Proposed additions to parking requirements include circumstances under which the required off- street parking stall may be waived.These are: • The property is in a zoning district with no minimum off-street parking requirement. • The property already contains at least one accessible stall above the minimum parking requirement. • The property is within one-half mile of a designated bicycle lane or path. KEY CONSIDERATION Planning staff identified one key consideration related to the proposal which is found on pages 10-12 of the Planning Commission staff report and summarized below. For the complete analysis,please see the staff report. Consideration 1-How the proposal helps implement city goals and policies identified in adopted plans Planning staff reviewed how the proposed amendments align with goals and policies found in Plan Salt Lake(2o15)and Growing SLC:A Five-Year Housing Plan 2018-2022(2017).They determined the Page 110 proposal is consistent with several items found in the Growth, Housing,Transportation&Mobility, and Preservation chapters of Plan Salt Lake.Among the initiatives proposed changes align with are the following: • Locate new development in areas with existing infrastructure and amenities, such as transit and transportation corridors. • Encourage a mix of land uses. • Promote infill and redevelopment of underutilized land. • Accommodate and promote an increase in the city's population. • Encourage housing options that accommodate aging in place. • Enable moderate density increases within existing neighborhoods where appropriate. Planning also found the proposal is consistent with goals and objectives in Growing SLC.These include: • Review and modify land-use and zoning regulations to reflect the affordability needs of a growing, pioneering city. • Develop infill ordinances that promote a diverse housing stock,increase housing options,create redevelopment opportunities,and allow additional units within existing structures,while maintaining neighborhood impacts. • Revise the Accessory Dwelling Unit ordinance to expand its application and develop measures to promote its use. • Support diverse and vibrant neighborhoods by aligning land use policies that promote a housing market capable of accommodating residents throughout all stages of life. ANALYSIS OF STANDARDS Attachment C(pages 32-34)of the Planning Commission staff report outlines zoning map amendment standards that should be considered as the Council reviews this proposal.The standards and findings are summarized below. Please see the Planning Commission staff report for additional information. Factor Finding Whether a proposed text amendment is consistent with the Complies purposes,goals,objectives,and policies of the city as stated through its various adopted planning documents. Whether a proposed map amendment furthers the specific Complies purpose statements of the zoning ordinance. Whether a proposed map amendment is consistent with the Proposed regulations would purposes and provisions of any applicable overlay zoning take precedence over districts which may impose additional standards. overlay zoning districts, except for the Historic Preservation Overlay District.Amendments would be limited by additional standards in this district. The extent to which a proposed text amendment implements Complies best current,professional practices of urban planning and design. Page 11 PROJECT CHRONOLOGY • February 9, 2022-Petition initiated by Planning Commission. • May 12, 2022-Petition assigned to Michael McNamee,Principal Planner. • May 17, 2022-Application posted for online open house. • May 18, 2022-Notice mailed to all community councils. • March 30, 2022-45-day public comment period for recognized organizations ended. • September 2, 2022-Planning Commission agenda posted to the website and emailed to the listserv. • September 8, 2022-Staff report posted to Planning's website. • September 14, 2022-Planning Commission meeting and public hearing. Positive recommendation forwarded to the City Council. • September 29, 2022-Ordinance requested from Attorney's Office. • November 28, 2022-Planning received signed ordinance from the Attorney's Office. • December 12, 2022-Transmittal received in City Council Office. Page 112 ATTACHMENT A: Proposed Accessory Dwelling Unit Use Change from Conditional to Permitted Use in Residential Zoning Districts Zoning District District Name FR-1 Foothills Estate Residential FR-2 Foothills Residential FR-3 Foothills Residential R-1/12,000 Single-Family Residential R-1/7,000 Single-Family Residential R-1/5,000 Single-Family Residential Continue to Be Permitted Residential Zoning Districts Zoning District Name of District SR-1&SR-1A Special Development Pattern Residential SR-3 Special Development Pattern Residential R-2 Single-and Two-Family Residential RMF-30 Low Density Multi-Family Residential RMF-35 Moderate Density Multi-Family Residential RMF-45 Moderate/High-Density Multi-Family Residential RMF-75 High-Density Multi-Family Residential RB Residential/Business R-MU-35 Residential/Mixed Use R-MU-45 Residential/Mixed Use R-MU Residential/Mixed Use RO Residential/Office Special Purpose Districts Zoning District Name of District FP Foothills Protection AG Agricultural AG-2 Agricultural AG-5 Agricultural AG-20 Agricultural MU Mixed Use Page 13 Change From Prohibited to Permitted Use Commercial Zoning Districts Zoning District Name of District CN Neighborhood Commercial SNB Small Neighborhood Business CB Commercial Business CS Community Shopping CC Corridor Commercial CSHBD Sugar House Business District CG General Commercial Transit Station Zoning Districts Zoning District Name of District TSA-UC Urban Core TSA-UN Urban Neighborhood TSA-MUEC Mixed Use Employment Center TSA-SP Special Purpose Form-Based Zoning Districts Zoning District Name of District FB-SC Special Purpose Corridor Core Subdistrict FB-SE Special Purpose Corridor Edge Subdistrict FB-UN1* Urban Neighborhood FB-UN2* Urban Neighborhood *Detached dwelling units currently permitted and will be removed from code Downtown Zoning Districts Zoning District Name of District D-1 Central Business District D-2 Downtown Support District D-3 Downtown Warehouse/Residential District DA Downtown Secondary Central Business District Gateway Zoning Districts Zoning District Name of District G-MU Gateway Mixed-Use Page 14 Continue to be Prohibited Manufacturing Zoning Districts Zoning District Name of District M-1 Light Manufacturing M-2 Heavy Manufacturing Residential Zoning Districts Zoning District Name of District SR-2 (Reserved) Special Purpose Zoning Districts Zoning District Name of District RP Research Park BP Business Park A Airport PL Public Lands PL-2 Public Lands I Institutional UI Urban Institutional OS Open Space NOS Natural Open Space MH Mobile Home Park EI Extractive Industries Page 15 ADUs - Single-Family Residential Zoning Districts in Salt Lake City, UT North Salt Lake ie pi p wi ' II III 111m Ill91 Salt Lake I;1�� City Intl NMI: IIIII! e ! Airport p LI Air 11 11 �'� Illl(1J—II ■-� Gin_ ..a�IIIIIIPll=1 11 7. c11113 (T1111=!! Izhl�Y. 4_wi _ 411r11 U=11 III �[ -91�� :.. ...11, Salt Lake —C I�-i.�Illli -=• Iluu: City 'nln.nlrnnnnl��,_ �II.S91111 IN +III 1] J ISI� _ nlii111m �=f �=�I 1111 _ Illllnl iir= ��..,=ill_ [ ■YII � u Illll:innw='ll1'•L nl LI ji,llll - =-H ■ illli _F. NO MI South Shctllllllll — III�1U`AII^ LakI1��F1' ul�llhllhll■��.�. �~11•+TYI n.i' IIIIIIIIIIIIIIIII'� �III:�IyiI111 'i Magna West Mi creek Residential Zoning Districts Valley City �— FR-1 FR-2 FR-3 R-1-12000 R-1-S000 SALT R-1-7000 LAKE Murray � SR-1 N Taylorsville SR-1A A 0 1.5 3 6 Miles Salt Lake City Council districts � 0 I I I I I I I I O Salt Lake City boundary SALT LAKE CITY ORDINANCE No. of 2023 (An ordinance amending various sections of the Title 2 1 A of the Salt Lake City Code pertaining to accessory dwelling unit regulations) An ordinance amending various sections of Title 2 1 A of the Salt Lake City Code pursuant to Petition No. PLNPCM2022-00475 pertaining to accessory dwelling unit regulations. WHEREAS, the Salt Lake City Planning Commission("Planning Commission") held a public hearing on September 14, 2022 to consider a petition submitted by the Planning Commission(Petition No. PLNPCM2022-00475) to amend various sections of Title 2 1 A of the Salt Lake City Code pertaining to accessory dwelling unit regulations; and WHEREAS, at its September 14, 2022 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council ("City Council") on said petition; and WHEREAS, the City Council intends to revisit the issue of owner occupancy requirements in three years; and WHEREAS, after a public hearing on this matter the City Council has determined that adopting this ordinance is in the city's best interests. NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Text of Salt Take City Code Section 21 A.33.020. That Section 21A.33.020 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended to modify only the use category"Dwelling, accessory unit" in the Table of Permitted and Conditional Uses for Residential Districts, which use category shall read and appear in that table as follows: 1 Use Permitted and Conditional Useshhv District FR-1/ FR-2/ FR-3/ R-1/ R-1/ R-1/ SR-1 SR-2 I SR-3 9RMF-30 MF-35 RMF-45 JRMF-75 RB R-MU-35 R-MU-45 R-MU RO 43,560 21,780 12,000 12,000 7,OM 5,M Dwelling, P P P P P P P P P P P P P P P P P P accessory unit 2 SECTION 2. Amending the Text of Salt Take City Code Section 21 A.33.030. That Section 21A.33.030 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Commercial Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District CN CB CSl CC CSHBDI CG SNB Dwelling: Accessory unit P P P P P P P SECTION 3. Amending the Text of Salt bake City Code Section 21 A.33.035. That Section 21A.33.035 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Transit Station Area Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Core Transition Core Transition Core Transition Core Transition Dwelling: Accessory P P P P P P P P unit SECTION 4. Amending the Text of Salt Lake City Code Section 21 A.33.050. That Section 21 A.33.050 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only to add a new use 3 subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Downtown Districts,which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District D-1 D-2 D-3 D-4 Dwelling: Accessory unit P P P P SECTION 5. Amending the Text of Salt Take City Code Section 21 A.33.060. That Section 21A.33.060 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses in the Gateway District) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Downtown Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use G-MU Dwelling: Accessory unit P SECTION 6. Amending the Text of Salt Take CitV Code Section 21 A.33.070. That Section 2 IA.33.070 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Special Purpose Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: 4 Permitted Uses By District Use FB- FB-UN2 FB-SC FB-SE UN1 Dwelling: Accessory unit P P P P SECTION 7. Amending the Text of Salt bake City Code Subsection 21 A.40.050.B.2. That Subsection 2 1 A.40.050.B.2 of the Salt Lake City Code(Zoning: Accessory Uses, Buildings and Structures: General Yard, Bulk and Height Limitations) shall be and hereby is amended to read as follows: 2. Building Coverage: a. In the FR,R-1,R-2 and SR residential districts the maximum footprint of any accessory building shall not exceed 50%of the building footprint of the principal structure except as follows: (1) Notwithstanding the size of the footprint of the principal building,at least 480 square feet of accessory building coverage shall be allowed subject to compliance with all other requirements in Section 21A.40.050. (2) Accessory buildings constructed within the buildable area that are located between the rear fagade of the principal building and the rear yard setback may exceed 720 square feet provided the building is located entirely within the buildable area and the property complies with the maximum building coverage requirements of the underlying zoning district. (3) The building coverage for a detached accessory dwelling unit shall be subject to the standards in 21A.40.200,regardless of the building coverage requirement in this section. (4) An accessory building that contains an accessory dwelling unit on the second level may exceed the maximum coverage up to the footprint of the accessory dwelling unit. b. The combined coverage for all hoop houses,greenhouses,and cold frames shall not exceed thirty five percent(35%)of the building footprint of the principal structure. SECTION 8.Amend the Text of Salt Take City Code Section 21 A.40.200. That Section 21A.40.200 of the Salt Lake City Code(Zoning: Accessory Uses,Buildings and Structures: Accessory Dwelling Units) shall be and hereby is amended to read as follows: 5 21A.40.200: ACCESSORY DWELLING UNITS: A. Purpose: The regulatory purpose of this section is to promote an increase in the housing stock within the city and promote housing choices by allowing and regulating accessory dwelling units (ADUs). B. Conflicting Regulations: If a regulation found in this section is in conflict with an applicable regulation in the base zoning district, overlay district, or provision of general applicability, the regulation in this chapter shall take precedence, with the following exceptions: 1. The regulations set forth in the H Historic Preservation Overlay District; and 2. The Special Foothills Regulations set forth in Subsection 21A.24.010.P of this title. C. Owner Occupancy Required: Owner occupancy is required for an ADU located on a property with a single-family dwelling that is located in an FR, R-1, SR-1 or SR-IA zoning district. For the purposes of this title, "owner occupant" shall mean the following: 1. An individual who is listed on a recorded deed as an owner of the property; 2. Any person who is related by blood,marriage,adoption to an individual who is listed on recorded deed as an owner of the property; or 3. An individual who is a trustor of a family trust who possesses legal ownership of the property. 4. Exceptions: a. The owner has a bona fide,temporary absence of 3 years or less for activities such as military service,temporary job assignments, sabbaticals,or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or b. The owner is placed in a hospital,nursing home,assisted living facility or other similar facility that provides regular medical care,excluding retirement living facilities or communities. D. Number of Allowed ADUs: A single ADU is allowed on a property where permitted in Chapter 21A.33 of this title. E. Location on Property: An ADU is allowed in the following locations on a property as indicated below: 1. Internal ADUs shall be located within the buildable area of the property. 2. A detached ADU shall be allowed as indicated in the table below: 6 Front yard Not permitted Corner side yard Permitted if the ADU complies with the required setbacks in the table below and is no closer to the corner side property line than the principal structure. If the property is less than 50' in width, the ADU may be closer to the corner side property line than the principal structure. Interior side yard Permitted if the ADU complies with the required setbacks in the table below and is located behind the rear fa ade of the principal building. Rear yard Permitted if the ADU complies with the required setbacks in the table below. Buildable area Permitted Notes 1. The use of the term yard in this section shall be interpreted to mean a required yard as indicated in the underlying zoning district. 3. A detached ADU shall be placed at a minimum distance from property lines as indicated below: Rear property line 3' Side property line 3' Corner side property line 20% of the lot width or 10', whichever is less Notes: I. Additions to an existing accessory building shall comply with the setbacks in this table. This includes additions that add a second story. 2. An existing accessory building that is being converted to an ADU may maintain the existing setbacks of the accessory building. If a conversion includes an expansion (including adding a second story)the expansion shall comply with all applicable setback requirements in this table and in Subsection 2 1 A.40.200.F. F. ADU Building Height: 1. The maximum building height for a detached ADU is 17 feet, subject to the following exceptions: a. Height may be increased up to 24 feet for a pitched roof or 20 feet for a flat roof provided the side and rear yard setbacks are increased one foot for each additional foot in building height above 17 feet. The setback does not need to be increased above the minimum indicated in Section E on the side of an ADU that abuts an alley or on the side of an ADU that abuts a property that is in a zoning district other than those listed in Chapter 21 A.24 of this title. b. Converting a legally existing accessory building is permitted when the existing accessory building exceeds the permitted height of this section. 7 c. When an ADU is located fully within the buildable area of the property,the height of the ADU is allowed up to the permitted height of the principal building in the underlying zoning district. d. Solar panels attached to the roof of an ADU are permitted to exceed the maximum height of the structure up to four feet. 2. Building height for a detached ADU shall be measured in the same manner as the height for the principal building. 3. An internal ADU is subject to the same height requirements as the principal building. G. ADU Parking: I. The number of parking stalls provided for the principal use shall not be reduced below the minimum identified in Chapter 21 A.44 of this title in order to accommodate an ADU. One parking stall is required for the ADU,except as indicated below: a. The property is in a zoning district with no minimum off street parking requirement; b. The property already contains at least one accessible stall above the minimum parking requirement for the principal use; c. The property is within a'/4 mile radius of a public transit stop; or d. The property is within'/2 mile of a city-designated bicycle lane or path. H. Regulation of Decks, Patios, and Outdoor Space for Detached ADUs: I. Decks more than 2 feet above the existing grade are prohibited unless the ADU is located within the buildable area of the lot in which case the deck shall be subject to the same regulations for decks that apply to the principal building. 2. Rooftop patios on a detached ADU are prohibited. 3. Patios are permitted. A patio may be covered with a roof provided the square footage of the roof is no larger than 120 square feet and the covered patio complies with the setbacks required of the ADU. A covered patio shall not count towards the maximum square footage requirement of the ADU,but does count towards the total building coverage of the lot. 4. Balconies on ADUs.A balcony is permitted on a building containing an ADU provided the balcony does not extend into a required ADU setback and extends no further than 5 feet from an exterior wall of the ADU.Balconies shall not contain HVAC equipment nor be used as storage areas. 5. Internal ADUs shall be subject to the same standards for decks,patios, and other encroachments that apply to the principal building and use. I. ADUs Located Along a Public Alley: A detached ADU that is located within 15 feet of a public alley shall include the following: 1. An exterior light shall be located on the exterior wall of the ADU to illuminate portions of the alley adjacent to the ADU. The lighting fixture shall be shielded, oriented and 8 designed to direct light down and avoid light pollution onto adjacent properties. All uplighting is prohibited. 2. A 4 foot wide path from the alley to the entrance of the ADU shall be provided. If there is a fence between the ADU and the alley,a gate shall be provided, and the path shall lead to the gate. If the ADU is located within 15 feet of two or more public alleys,this requirement shall only apply to one of the alleys. 3. An ADU located on an alley that exists on the recorded plat maps or Atlas Plats of the city but has not been used for vehicular access or is otherwise blocked by encroachments such as fences or vegetation are exempt from this requirement. J. ADU Gross Floor Area: 1. Detached ADU.None may exceed 1,000 square feet in gross floor area. 2. Internal ADU. There is no maximum gross floor area provided the building complies with all applicable standards in the underlying zoning district. 3. Gross floor area for a detached ADU shall be calculated as follows: a. When the building includes other allowed accessory uses,only the square footage dedicated to the ADU shall be counted. b. When the ADU is on a second level, stairs and required landings providing access to the ADU shall not be counted. c. Loft space with a ceiling height lower than 7 feet within an ADU shall not be counted towards the total square footage of the ADU. d. Basements shall not count towards the maximum gross floor area of the ADU, so long as: i. The basement is only used for storage or a use permitted by Section 21A.40.040.E of this chapter; and ii. There is no internal circulation between the ADU and the basement. K. Second Story Windows: Windows on the second story of a detached ADU are prohibited on an exterior wall that is adjacent to a side or rear property line unless: 1. The window is a clerestory window where the bottom of the window is at least 6 feet above the finished floor of the second story; 2. The window is on a wall that faces an elevation of the principal building; 3. The window faces and is at least 10 feet from a side or rear property line; 4. The exterior wall is adjacent to an alley; or 5. The window faces a side or rear property line that is adjacent to a property in a zoning district that permits commercial uses or a property that contains a nonresidential use. L. Maximum Building Coverage: Accessory dwelling units are subject to the maximum building and yard coverage requirements of the applicable zoning and overlay districts. 9 M. Building Permit Required: A building permit is required to establish any ADU in the city. All ADUs are required to comply with all adopted applicable codes including but not limited to building, fire, and public utilities. N. Administrative Regulations: The following administrative regulations are intended to provide direction on applying and interpreting the regulations of this chapter. 1. There is no minimum lot size required for an ADU. 2. An ADU does not count towards the density allowed in the underlying zoning district. 3. ADUs that have been approved prior to April 4,2023, as part of a conditional use are considered legal conforming uses and may be modified if the modification complies with the requirements of this section and any other applicable standard of this title. O. Zoning Certificate and Good Landlord Program: 1. A certificate of occupancy for the ADU shall not be issued until a zoning certificate is issued.A zoning certificate may be issued at the same time as the certificate of occupancy. If a certificate of occupancy is not required,the zoning certificate shall be issued prior to the ADU being occupied. 2. If a business license is required for the rental of the ADU,the owner shall be enrolled in the landlord/tenant initiative program as defined in Title 5,"Business Taxes,Licenses And Regulations",of this code prior to issuing a zoning certificate. P. Restrictive Covenant: An ADU shall have a restrictive covenant filed against the property on which the ADU is located, on a form approved by the city attorney,which restrictive covenant shall include the following provisions: 1. A description of the principal structure and the ADU,including whether the ADU is within the principal structure or a detached structure,the square footage of both the principal structure and the ADU,and how off-street parking is allocated between the principal structure and the ADU. 2. A statement that the ADU may only be used and occupied in accordance with the applicable regulations adopted in the Salt Lake City Code and that the property owner will permit access necessary to confirm such use and occupancy. 3. A statement that the ADU and principal structure cannot be used for short term rental. 4. A statement that the terms of the restrictive covenant are enforceable by the city or, pursuant to Utah Code Section 10-9a-802,any adversely affected party,and that in any such enforcement action the court shall award the prevailing party its attorneys fees. 5. An ADU that is required to be owner occupied shall also include a statement reflective of this requirement.If such requirement set forth in Subsection 21A.40.200.0 is eliminated in the future,then such restriction set forth in the restrictive covenant shall likewise become unenforceable. 6. The restrictive covenant shall be recorded with the Salt Lake County Recorder's Office against the subject property. A copy of the recorded covenant shall be provided to the planning division and attached to the building permit record prior to final inspection of the 10 ADU. If no final inspection is required,the copy of the recorded covenant shall be provided prior to occupying the ADU. Q. Use Regulations: 1. An ADU shall not be rented as a short term rental as defined in Section 21.A.62.040. 2. An ADU may include any home occupation authorized by this title. 3. An ADU may be converted to any other accessory use that is allowed in the zoning district. 4. An ADU cannot be converted to another principal use. SECTION 9.Amend the Text of Salt Take City Code Section 21 A.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 add the following terms in the list of defined terms to be inserted into that list in alphabetical order: Atlas, 5-acre, and 10-acre plats. Balcony. Bike lane. Bike path. Deck. Dwelling, accessory unit(internal). Footprint. Non-residential use. Porch. Rooftop patio. Short term rental. Transit route. Uplighting. SECTION 10. Ames the Text of Salt Take City Code Section 21 A.62.040. That Section 2 IA.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"DWELLING, ACCESSORY UNIT (ADU)." That the definition of"DWELLING, ACCESSORY UNIT (ADU)" shall be amended to read as follows: 11 DWELLING, ACCESSORY UNIT (ADU): A type of accessory use that includes a residential unit located on the same lot as a separate principal use, either within the principal structure or within a separate accessory structure. The accessory dwelling unit shall be a complete housekeeping unit with a shared or separate entrance, and separate kitchen, sleeping area, closet space, and bathroom facilities. b. Amending the definition of"BUILDING COVERAGE." That the definition of "BUILDING COVERAGE" shall be amended to read as follows: BUILDING COVERAGE: That percentage of the lot covered by principal or accessory buildings, including cantilevered portions of the building. c. Adding the definition of"ATLAS, 5-ACRE,AND 10-ACRE PLATS." That the definition of"ATLAS, 5-ACRE, AND 10-ACRE PLATS"be added and inserted into the list of definitions in alphabetical order to read as follows: ATLAS, 5-ACRE,AND 10-ACRE PLATS: a map depicting the subdivisions of land within the City. These plats are a scheme of how the City was originally laid out. The City started with plats A through L, Salt Lake City Survey. As the City expanded its boundaries, 5 acre and 10 acre Big Field Survey Plats were added and then the numbered plats 1 through 76. They show information about streets,public right of ways and, some private right of ways. d. Adding the definition of"BALCONY." That the definition of"BALCONY"be added and inserted into the list of definitions in alphabetical order to read as follows: BALCONY: An elevated floor space projecting beyond the exterior walls of a building that is not supported on the ground by posts, columns, or similar supporting structural elements. A balcony shall not be used as a means for entry into a building. e. Adding the definition of`BIKE LANE." That the definition of`BIKE LANE"be added and inserted into the list of definitions in alphabetical order to read as follows: BIKE LANE: a division of a road for use by cyclists marked off with painted lines or other means. 12 f. Adding the definition of"BIKE PATH." That the definition of"BIKE PATH"be added and inserted into the list of definitions in alphabetical order to read as follows: BIKE PATH: a path or road for bicycles and not motor vehicles. May include paths that also allow pedestrian or equestrian access. g. Adding the definition of"DECK." That the definition of"DECK"be added and inserted into the list of definitions in alphabetical order to read as follows: DECK: A platform sitting above finished grade and supported on the ground. h. Adding the definition of"DWELLING, ACCESSORY UNIT (DETACHED)." That the definition of"DWELLING, ACCESSORY UNIT (DETACHED)"be added and inserted into the list of definitions in alphabetical order to read as follows: DWELLING, ACCESSORY UNIT (DETACHED): An accessory dwelling unit located wholly within a structure that is accessory to the principal use and buildings on a lot or parcel. i. Adding the definition of"DWELLING,ACCESSORY UNIT (INTERNAL)." That the definition of"DWELLING, ACCESSORY UNIT (INTERNAL)"be added and inserted into the list of definitions in alphabetical order to read as follows: DWELLING, ACCESSORY UNIT (INTERNAL): An accessory dwelling unit created: 1. within a primary building; and 2. for the purpose of offering a long-term rental of 30 consecutive days or longer. j. Adding the definition of"FOOTPRINT." That the definition of"FOOTPRINT"be added and inserted into the list of definitions in alphabetical order to read as follows: FOOTPRINT: The measurement of lot area covered by a building, including cantilevered portions of the building. 13 k. Adding the definition of"NON-RESIDENTIAL USE." That the definition of"NON- RESIDENTIAL USE"be added and inserted into the list of definitions in alphabetical order to read as follows: NON-RESIDENTIAL USE: lands, buildings or structures or portions thereof used or designed or intended for uses other than a residential use, including,but not limited to, commercial, industrial and institutional uses. 1. Adding the definition of"PORCH." That the definition of"PORCH"be added and inserted into the list of definitions in alphabetical order to read as follows: PORCH: An unenclosed structure attached to a building, covered by a separate roof, and providing access to an entrance to a building. Similar structures providing access to an entrance other than the primary entrance shall be considered a covered deck when located on a platform that is more than two feet(2') above finished grade. in. Adding the definition of"ROOFTOP PATIO." That the definition of"ROOFTOP PATIO"be added and inserted into the list of definitions in alphabetical order to read as follows: ROOFTOP PATIO: A portion of a flat roof that is dedicated to occupiable space, or a deck sitting atop a roof. n. Adding the definition of"SHORT TERM RENTAL." That the definition of"SHORT TERM RENTAL"be added and inserted into the list of definitions in alphabetical order to read as follows: SHORT TERM RENTAL: The use of a dwelling unit or units that are offered for rent or lease for a period less than 30 days. o. Adding the definition of"TRANSIT ROUTE." That the definition of"TRANSIT ROUTE"be added and inserted into the list of definitions in alphabetical order to read as follows: 14 TRANSIT ROUTE: a route over which a public transit vehicle travels and that is specifically labeled or numbered for the purpose of picking up and dropping off passengers at regularly scheduled stops and intervals. p. Adding the definition of"UPLIGHTING." That the definition of"UPLIGHTING"be added and inserted into the list of definitions in alphabetical order to read as follows: UPLIGHTING: Lights that have been designed to throw illumination upward. SECTION 11. 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 , 2023. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR APPROVED AS TO FORM CITY RECORDER Salt Lake City Attorney's Office (SEAL) March 29, 2023 Date: By: Bill No. of 2023. Katherine D.Packer..Sevior. City Attorney Published: Ordinance amending ADU regulations 15 SALT LAKE CITY ORDINANCE No. of 2023 (An ordinance amending various sections of the Title 2 1 A of the Salt Lake City Code pertaining to accessory dwelling unit regulations) An ordinance amending various sections of Title 2 1 A of the Salt Lake City Code pursuant to Petition No. PLNPCM2022-00475 pertaining to accessory dwelling unit regulations. WHEREAS, the Salt Lake City Planning Commission("Planning Commission") held a public hearing on September 14, 2022 to consider a petition submitted by the Planning Commission(Petition No. PLNPCM2022-00475) to amend various sections of Title 2 1 A of the Salt Lake City Code pertaining to accessory dwelling unit regulations; and WHEREAS, at its September 14, 2022 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council ("City Council") on said petition; and WHEREAS, the City Council intends to revisit the issue of owner occupancy requirements in three years; and WHEREAS, after a public hearing on this matter the City Council has determined that adopting this ordinance is in the city's best interests. NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Text of Salt Take City Code Section 21 A.33.020. That Section 21A.33.020 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended to modify only the use category"Dwelling, accessory unit" in the Table of Permitted and Conditional Uses for Residential Districts, which use category shall read and appear in that table as follows: 1 Use Permitted and Conditional Uses b District FR-1/ FR-2/ FR-3/ R-1/ R-1/ R-1/ SR-1 SR-2 SR-3 R-2 RMF-30 MF-35 RMF-45 RMF-75 RB R-MU-35 R-MU-45 R-MU RO 43,560 21,780 12,000 12,000 7,000 5,000 Dwelling, P P P P P P P P P P P P P P P P P P accessory unit 2 SECTION 2. Amending the Text of Salt Take City Code Section 21 A.33.030. That Section 21A.33.030 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Commercial Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District CN CB CSl CC CSHBDI CG SNB Dwelling: Accessory unit P P P P P P P SECTION 3. Amending the Text of Salt bake City Code Section 21 A.33.035. That Section 21A.33.035 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Transit Station Area Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Core Transition Core Transition Core Transition Core Transition Dwelling: Accessory P P P P P P P P unit SECTION 4. Amending the Text of Salt Lake City Code Section 21 A.33.050. That Section 21 A.33.050 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only to add a new use 3 subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Downtown Districts,which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District D-1 D-2 D-3 D-4 Dwelling: Accessory unit P P P P SECTION 5. Amending the Text of Salt Take City Code Section 21 A.33.060. That Section 21A.33.060 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses in the Gateway District) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Downtown Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use G-MU Dwelling: Accessory unit P SECTION 6. Amending the Text of Salt Take CitV Code Section 21 A.33.070. That Section 2 IA.33.070 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Special Purpose Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: 4 Permitted Uses By District Use FB- FB-UN2 FB-SC FB-SE UN1 Dwelling: Accessory unit P P P P SECTION 7. Amending the Text of Salt bake City Code Subsection 21 A.40.050.B.2. That Subsection 2 1 A.40.050.B.2 of the Salt Lake City Code(Zoning: Accessory Uses, Buildings and Structures: General Yard, Bulk and Height Limitations) shall be and hereby is amended to read as follows: 2. Building Coverage: a. In the FR,R-1,R-2 and SR residential districts the maximum footprint of any accessory building,shall not exceed 50%of the building footprint of the principal structure except as follows: (1) Notwithstanding the size of the footprint of the principal building,at least 480 square feet of accessory building coverage shall be allowed subject to compliance with all other requirements in Section 21A.40.050. (2) Accessory buildings constructed within the buildable area that are located between the rear fagade of the principal building and the rear yard setback may exceed 720 square feet provided the building is located entirely within the buildable area and the property complies with the maximum building coverage requirements of the underlying zoning district. (3) The building coverage for a detached accessory dwelling unit shall be subject to the standards in 21A.40.200,regardless of the building coverage requirement in this section. (4) An accessory building that contains an accessory dwelling unit on the second level may exceed the maximum coverage up to the footprint of the accessory dwelling unit. b. The combined coverage for all hoop houses,greenhouses,and cold frames shall not exceed thirty five percent(35%)of the building footprint of the principal structure. SECTION 8.Amend the Text of Salt Take City Code Section 21 A.40.200. That Section 21A.40.200 of the Salt Lake City Code(Zoning: Accessory Uses,Buildings and Structures: Accessory Dwelling Units) shall be and hereby is amended to read as follows: 5 21A.40.200: ACCESSORY DWELLING UNITS: A. Purpose: The regulatory purpose of this section is to promote an increase in the housing stock within the city and promote housing choices by allowing and regulating accessory dwelling units (ADUs). B. Conflicting Regulations: If a regulation found in this section is in conflict with an applicable regulation in the base zoning district, overlay district, or provision of general applicability, the regulation in this chapter shall take precedence, with the following exceptions: 1. The regulations set forth in the H Historic Preservation Overlay District; and 2. The Special Foothills Regulations set forth in Subsection 21A.24.010.P of this title. C. Owner Occupancy Required: The owner of the property, as defined in this section, shall reside on the property. For the purposes of this title, "owner occupant" shall mean the following: 1. An individual who is listed on a recorded deed as an owner of the property; 2. Any person who is related by blood,marriage,adoption to an individual who is listed on recorded deed as an owner of the property; or 3. An individual who is a trustor of a family trust who possesses legal ownership of the property. 4. Exceptions: a. Owner occupancy is not required for an ADU located on a property with a principal use as a duplex,multi-family dwelling,or non-residential land use.A single-family dwelling with an attached ADU does not constitute a duplex; b. The owner has a bona fide,temporary absence of 3 years or less for activities such as military service,temporary job assignments, sabbaticals,or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or c. The owner is placed in a hospital,nursing home,assisted living facility or other similar facility that provides regular medical care,excluding retirement living facilities or communities. D. Number of Allowed ADUs: A single ADU is allowed on a property where permitted in Chapter 21A.33 of this title. E. Location on Property: An ADU is allowed in the following locations on a property as indicated below: 1. Internal ADUs shall be located within the buildable area of the property. 2. A detached ADU shall be allowed as indicated in the table below: 6 Front yard Not permitted Corner side yard Permitted if the ADU complies with the required setbacks in the table below and is no closer to the corner side property line than the principal structure. If the property is less than 50' in width, the ADU may be closer to the corner side property line than the principal structure. Interior side yard Permitted if the ADU complies with the required setbacks in the table below and is located behind the rear fagade of the principal building. Rear yard Permitted if the ADU complies with the required setbacks in the table below. Buildable area Permitted Notes 1. The use of the term yard in this section shall be interpreted to mean a required yard as indicated in the underlying zoning district. 3. A detached ADU shall be placed at a minimum distance from property lines as indicated below: Rear property line 3' Side property line 3' Corner side property line 20% of the lot width or 10', whichever is less Notes: 1. Additions to an existing accessory building shall comply with the setbacks in this table. This includes additions that add a second story. 2. An existing accessory building that is being converted to an ADU may maintain the existing setbacks of the accessory building. If a conversion includes an expansion (including adding a second story)the expansion shall comply with all applicable setback requirements in this table and in Subsection 2 1 A.40.200.F. F. ADU Building Height: 1. The maximum building height for a detached ADU is 17 feet, subject to the following exceptions: a. Height may be increased up to 24 feet for a pitched roof or 20 feet for a flat roof provided the side and rear yard setbacks are increased one foot for each additional foot in building height above 17 feet. The setback does not need to be increased above the minimum indicated in Section E on the side of an ADU that abuts an alley or on the side of an ADU that abuts a property that is in a zoning district other than those listed in Chapter 21A.24 of this title. b. Converting a legally existing accessory building is permitted when the existing accessory building exceeds the permitted height of this section. 7 c. When an ADU is located fully within the buildable area of the property,the height of the ADU is allowed up to the permitted height of the principal building in the underlying zoning district. d. Solar panels attached to the roof of an ADU are permitted to exceed the maximum height of the structure up to four feet. 2. Building height for a detached ADU shall be measured in the same manner as the height for the principal building. 3. An internal ADU is subject to the same height requirements as the principal building. G. ADU Parking: I. The number of parking stalls provided for the principal use shall not be reduced below the minimum identified in Chapter 21 A.44 of this title in order to accommodate an ADU. One parking stall is required for the ADU,except as indicated below: a. The property is in a zoning district with no minimum off street parking requirement; b. The property already contains at least one accessible stall above the minimum parking requirement for the principal use; c. The property is within a'/4 mile radius of a public transit stop; or d. The property is within'/2 mile of a city-designated bicycle lane or path. H. Regulation of Decks, Patios, and Outdoor Space for Detached ADUs: I. Decks more than 2 feet above the existing grade are prohibited unless the ADU is located within the buildable area of the lot in which case the deck shall be subject to the same regulations for decks that apply to the principal building. 2. Rooftop patios on a detached ADU are prohibited. 3. Patios are permitted. A patio may be covered with a roof provided the square footage of the roof is no larger than 120 square feet and the covered patio complies with the setbacks required of the ADU. A covered patio shall not count towards the maximum square footage requirement of the ADU,but does count towards the total building coverage of the lot. 4. Balconies on ADUs. A balcony is permitted on a building containing an ADU provided the balcony does not extend into a required ADU setback and extends no further than 5 feet from an exterior wall of the ADU.Balconies shall not contain HVAC equipment nor be used as storage areas. 5. Internal ADUs shall be subject to the same standards for decks,patios, and other encroachments that apply to the principal building and use. I. ADUs Located Along a Public Alley: A detached ADU that is located within 15 feet of a public alley shall include the following: 1. An exterior light shall be located on the exterior wall of the ADU to illuminate portions of the alley adjacent to the ADU. The lighting fixture shall be shielded,oriented and 8 designed to direct light down and avoid light pollution onto adjacent properties. All uplighting is prohibited. 2. A 4 foot wide path from the alley to the entrance of the ADU shall be provided. If there is a fence between the ADU and the alley,a gate shall be provided, and the path shall lead to the gate. If the ADU is located within 15 feet of two or more public alleys,this requirement shall only apply to one of the alleys. 3. An ADU located on an alley that exists on the recorded plat maps or Atlas Plats of the city but has not been used for vehicular access or is otherwise blocked by encroachments such as fences or vegetation are exempt from this requirement. J. ADU Gross Floor Area: 1. Detached ADU.None may exceed 1,000 square feet in gross floor area. 2. Internal ADU. There is no maximum gross floor area provided the building complies with all applicable standards in the underlying zoning district. 3. Gross floor area for a detached ADU shall be calculated as follows: a. When the building includes other allowed accessory uses,only the square footage dedicated to the ADU shall be counted. b. When the ADU is on a second level, stairs and required landings providing access to the ADU shall not be counted. c. Loft space with a ceiling height lower than 7 feet within an ADU shall not be counted towards the total square footage of the ADU. d. Basements shall not count towards the maximum gross floor area of the ADU, so long as: i. The basement is only used for storage or a use permitted by Section 21A.40.040.E of this chapter; and ii. There is no internal circulation between the ADU and the basement. K. Second Story Windows: Windows on the second story of a detached ADU are prohibited on an exterior wall that is adjacent to a side or rear property line unless: 1. The window is a clerestory window where the bottom of the window is at least 6 feet above the finished floor of the second story; 2. The window is on a wall that faces an elevation of the principal building; 3. The window faces and is at least 10 feet from a side or rear property line; 4. The exterior wall is adjacent to an alley; or 5. The window faces a side or rear property line that is adjacent to a property in a zoning district that permits commercial uses or a property that contains a nonresidential use. L. Maximum Building Coverage: Accessory dwelling units are subject to the maximum building and yard coverage requirements of the applicable zoning and overlay districts. 9 M. Building Permit Required: A building permit is required to establish any ADU in the city. All ADUs are required to comply with all adopted applicable codes including but not limited to building, fire, and public utilities. N. Administrative Regulations: The following administrative regulations are intended to provide direction on applying and interpreting the regulations of this chapter. 1. There is no minimum lot size required for an ADU. 2. An ADU does not count towards the density allowed in the underlying zoning district. 3. ADUs that have been approved prior to April 4,2023, as part of a conditional use are considered legal conforming uses and may be modified if the modification complies with the requirements of this section and any other applicable standard of this title. O. Zoning Certificate and Good Landlord Program: 1. A certificate of occupancy for the ADU shall not be issued until a zoning certificate is issued.A zoning certificate may be issued at the same time as the certificate of occupancy. If a certificate of occupancy is not required,the zoning certificate shall be issued prior to the ADU being occupied. 2. If a business license is required for the rental of the ADU,the owner shall be enrolled in the landlord/tenant initiative program as defined in Title 5,"Business Taxes,Licenses And Regulations",of this code prior to issuing a zoning certificate. P. Restrictive Covenant: An ADU shall have a restrictive covenant filed against the property on which the ADU is located, on a form approved by the city attorney,which restrictive covenant shall include the following provisions: 1. A description of the principal structure and the ADU,including whether the ADU is within the principal structure or a detached structure,the square footage of both the principal structure and the ADU,and how off-street parking is allocated between the principal structure and the ADU. 2. A statement that the ADU may only be used and occupied in accordance with the applicable regulations adopted in the Salt Lake City Code and that the property owner will permit access necessary to confirm such use and occupancy. 3. A statement that the ADU and principal structure cannot be used for short term rental. 4. A statement that the terms of the restrictive covenant are enforceable by the city or, pursuant to Utah Code Section 10-9a-802,any adversely affected party,and that in any such enforcement action the court shall award the prevailing party its attorneys fees. 5. An ADU that is required to be owner occupied shall also include a statement reflective of this requirement.If such requirement set forth in Subsection 21A.40.200.0 is eliminated in the future,then such restriction set forth in the restrictive covenant shall likewise become unenforceable. 6. The restrictive covenant shall be recorded with the Salt Lake County Recorder's Office against the subject property. A copy of the recorded covenant shall be provided to the planning division and attached to the building permit record prior to final inspection of the 10 ADU. If no final inspection is required,the copy of the recorded covenant shall be provided prior to occupying the ADU. Q. Use Regulations: 1. An ADU shall not be rented as a short term rental as defined in Section 21.A.62.040. 2. An ADU may include any home occupation authorized by this title. 3. An ADU may be converted to any other accessory use that is allowed in the zoning district. 4. An ADU cannot be converted to another principal use. SECTION 9.Amending the Text of Salt Lake City Code Section 21 A.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 add the following terms in the list of defined terms to be inserted into that list in alphabetical order: Atlas, 5-acre, and 10-acre plats. Balcony. Bike lane. Bike path. Deck. Dwelling, accessory unit(internal). Footprint. Non-residential use. Porch. Rooftop patio. Short term rental. Transit route. Uplighting. SECTION 10. Amending the Text of Salt Lake City Code Section 21 A.62.040. That Section 2IA.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"DWELLING, ACCESSORY UNIT (ADU)." That the definition of"DWELLING, ACCESSORY UNIT (ADU)" shall be amended to read as follows: 11 DWELLING, ACCESSORY UNIT (ADU): A type of accessory use that includes a residential unit located on the same lot as a separate principal use, either within the principal structure or within a separate accessory structure. The accessory dwelling unit shall be a complete housekeeping unit with a shared or separate entrance, and separate kitchen, sleeping area, closet space, and bathroom facilities. b. Amending the definition of"BUILDING COVERAGE." That the definition of "BUILDING COVERAGE" shall be amended to read as follows: BUILDING COVERAGE: That percentage of the lot covered by principal or accessory buildings, including cantilevered portions of the building. c. Adding the definition of"ATLAS, 5-ACRE, AND 10-ACRE PLATS." That the definition of"ATLAS, 5-ACRE, AND 10-ACRE PLATS"be added and inserted into the list of definitions in alphabetical order to read as follows: ATLAS, 5-ACRE,AND 10-ACRE PLATS: a map depicting the subdivisions of land within the City. These plats are a scheme of how the City was originally laid out. The City started with plats A through L, Salt Lake City Survey. As the City expanded its boundaries, 5 acre and 10 acre Big Field Survey Plats were added and then the numbered plats 1 through 76. They show information about streets,public right of ways and, some private right of ways. d. Adding the definition of"BALCONY." That the definition of"BALCONY"be added and inserted into the list of definitions in alphabetical order to read as follows: BALCONY: An elevated floor space projecting beyond the exterior walls of a building that is not supported on the ground by posts, columns, or similar supporting structural elements. A balcony shall not be used as a means for entry into a building. e. Adding the definition of`BIKE LANE." That the definition of`BIKE LANE"be added and inserted into the list of definitions in alphabetical order to read as follows: BIKE LANE: a division of a road for use by cyclists marked off with painted lines or other means. 12 f. Adding the definition of"BIKE PATH." That the definition of"BIKE PATH"be added and inserted into the list of definitions in alphabetical order to read as follows: BIKE PATH: a path or road for bicycles and not motor vehicles. May include paths that also allow pedestrian or equestrian access. g. Adding the definition of"DECK." That the definition of"DECK"be added and inserted into the list of definitions in alphabetical order to read as follows: DECK: A platform sitting above finished grade and supported on the ground. h. Adding the definition of"DWELLING, ACCESSORY UNIT (DETACHED)." That the definition of"DWELLING, ACCESSORY UNIT (DETACHED)"be added and inserted into the list of definitions in alphabetical order to read as follows: DWELLING, ACCESSORY UNIT (DETACHED): An accessory dwelling unit located wholly within a structure that is accessory to the principal use and buildings on a lot or parcel. i. Adding the definition of"DWELLING,ACCESSORY UNIT (INTERNAL)." That the definition of"DWELLING, ACCESSORY UNIT (INTERNAL)"be added and inserted into the list of definitions in alphabetical order to read as follows: DWELLING, ACCESSORY UNIT (INTERNAL): An accessory dwelling unit created: 1. within a primary building; and 2. for the purpose of offering a long-term rental of 30 consecutive days or longer. j. Adding the definition of"FOOTPRINT." That the definition of"FOOTPRINT" be added and inserted into the list of definitions in alphabetical order to read as follows: FOOTPRINT: The measurement of lot area covered by a building, including cantilevered portions of the building. 13 k. Adding the definition of"NON-RESIDENTIAL USE." That the definition of"NON- RESIDENTIAL USE"be added and inserted into the list of definitions in alphabetical order to read as follows: NON-RESIDENTIAL USE: lands, buildings or structures or portions thereof used or designed or intended for uses other than a residential use, including,but not limited to, commercial, industrial and institutional uses. 1. Adding the definition of"PORCH." That the definition of"PORCH"be added and inserted into the list of definitions in alphabetical order to read as follows: PORCH: An unenclosed structure attached to a building, covered by a separate roof, and providing access to an entrance to a building. Similar structures providing access to an entrance other than the primary entrance shall be considered a covered deck when located on a platform that is more than two feet(2') above finished grade. in. Adding the definition of"ROOFTOP PATIO." That the definition of"ROOFTOP PATIO"be added and inserted into the list of definitions in alphabetical order to read as follows: ROOFTOP PATIO: A portion of a flat roof that is dedicated to occupiable space, or a deck sitting atop a roof. n. Adding the definition of"SHORT TERM RENTAL." That the definition of"SHORT TERM RENTAL"be added and inserted into the list of definitions in alphabetical order to read as follows: SHORT TERM RENTAL: The use of a dwelling unit or units that are offered for rent or lease for a period less than 30 days. o. Adding the definition of"TRANSIT ROUTE." That the definition of"TRANSIT ROUTE"be added and inserted into the list of definitions in alphabetical order to read as follows: 14 TRANSIT ROUTE: a route over which a public transit vehicle travels and that is specifically labeled or numbered for the purpose of picking up and dropping off passengers at regularly scheduled stops and intervals. p. Adding the definition of"UPLIGHTING." That the definition of"UPLIGHTING"be added and inserted into the list of definitions in alphabetical order to read as follows: UPLIGHTING: Lights that have been designed to throw illumination upward. SECTION 11. 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 , 2023. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR APPROVED AS TO FORM CITY RECORDER Salt Lake City Attorney's Office (SEAL) March 29, 2023 Date: By: wL Bill No. of 2023. Katherine D.Pasker,Senior City Attorney Published: Ordinance amending ADU regulations 15 ERIN MENDENHALL L DEPARTMENT of COMMUNITY Mayor 1 9 and NEIGHBORHOODS Q' =� Blake Thomas Director I T\mil CITY COUNCIL TRANSMITTAL CIS (Dec 12,202214:58 MST) Date Received: 12/12/2022 Lisa Shaffer, Chief Administrative Officer Date sent to Council: 12/12/2022 TO: Salt Lake City Council DATE: 12/09/2022 Dan Dugan, Chair FROM: Orion Goff, Deputy Director, Department of Community&Neighborhoods O1_me G04' Orion Goff(Dec 9,202214:38 MST) SUBJECT: Accessory Dwelling Unit Ordinance Text Amendment (PLNPCM2022-00475) STAFF CONTACT: Michael McNamee, Principal Planner michael.mcnamee(a,slcgov.com or 801-535-7226 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission and adopt the changes to the Accessory Dwelling Unit Ordinance. BUDGET IMPACT: None BACKGROUND/DISCUSSION: The Planning Commission voted to initiate a petition at their February 9, 2022 hearing to eliminate the conditional use requirement for detached accessory dwelling units(ADUs)in single-family residential zoning districts. Subsequently,the City Council discussed the amendment during the March 8,2022 work session and provided additional direction to staff. Staff expanded the proposal to include significant revisions of the requirements in the City's current ADU Ordinance, many of which have been identified as impediments to the construction of ADUs in Salt Lake City. In order to address impediments to ADU construction, make ADU requirements easier to understand,and improve the quality of ADU construction,staff revised or introduced the following requirements: 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 1 • Remove conditional use requirement for detached ADUs in single-family zoning districts. • Maximum allowable size of a detached ADU was increased from 650 square feet to 1,000 square feet for residential lots less than 12,000 square feet in size, or 1,200 square feet for other lots. The requirement that ADUs be no larger than 50 percent of the footprint of the principal structure was also removed. This allows for the development of ADUs that can accommodate larger households. • Setbacks from side and rear property lines for a single-story detached ADU were changed from 4 feet to 3 feet. For second-story and two-story ADUs above 17 feet in height, setbacks were changed so that the increase in setback is commensurate with the increase in height. This is a significant change from the existing 10 foot setback required for all two-story ADUs. • Introducing ADUs as a permitted accessory use to duplex, multi-family, and non- residential properties, expanding the number of properties where they could be built. Currently, ADUs are only permitted on properties with a single-family home as the principal use. • Where detached ADUs are located near public alleys, the proposal includes requirements to activate the alley, with the goal of making alleys more useful and safer public spaces. • In order to create consistency and ease of future reviews, staff included new definitions of short term rental, deck/porch/balcony, bike lane/path, non-residential use, and more. • The proposed amendment leaves a requirement for one parking stall to be provided for an ADU in place, and adds the following circumstances under which the requirement to provide an off-street stall can be waived: o The property is in a zoning district with no minimum off-street parking requirement. o The property already contains at least one accessible stall above the minimum parking requirement. o The property is within one-half mile of a designated bicycle lane or path. Staff also revised the land use tables to permit ADUs in zoning districts outside of the residential zones, but where other types of residential uses are allowed. Currently, ADUs are permitted in 19 zoning districts and allowed as a conditional use in 6 zoning districts. Under the proposal, ADUs would be permitted in 7 of the 7 commercial districts, 4 of the 4 Transit Station Area (TSA) districts, 4 of the 4 Form-Based (FB) districts, 4 of the 4 Downtown districts, and the Gateway Mixed-Use District. In total, ADUs would be permitted by right in 45 of the City's 54 zoning districts. They would continue to be prohibited in zones where no other residential uses are currently permitted. On pages 2-5 of the staff report, there is a discussion of how specific zoning districts would be affected, as well as maps comparing where ADUs are currently permitted to where they would be permitted under the changes. Staff also adjusted the limitation on accessory structure size in the FR, R-1, R-2 and SR zoning districts. The size limitation will no longer be 720 square feet or 1000 square feet for duplexes,but rather would be limited to 50% of the rear yard and the maximum lot coverage for the zoning district if located within the buildable area. The Planning Commission considered the request in a public hearing on September 14, 2022 and recommended the City Council approve the proposed amendment. As part of their 2 recommendation, they included a condition that the maximum allowable size of a detached ADU be increased from what was proposed by staff. The proposal originally had called for a maximum size of 720 square feet for a detached ADU, an increase from the currently adopted ordinance, which allows for up to 650 square feet. In order to accommodate more family-sized ADUs, the Planning Commission added a condition that the maximum allowable size be increased to 1,000 square feet.That maximum would apply to lots in residential zoning districts that are 12,000 square feet in size or less. On other lots, the maximum size would be 1,200 square feet, which is unchanged from the original proposal. PUBLIC PROCESS: Community Council Notice: A notice of application was sent to all recognized community organizations on May 18, 2022, per City Code Chapter 2.60 with a link to the online open house webpage. The recognized organizations were given 45 days to respond with any concerns or to request staff to meet with them and discuss the proposed zoning amendment. The 45-day public engagement period ended on July 5, 2022. Staff presented to the Sugar House and Yalecrest Community Councils at their request.After the Planning Commission hearing, staff also presented to the East Liberty Park Community Organization at their request. Public Open House: An online open house was held from May 17, 2022, to September 14, 2022. Fourteen written comments were submitted to the Planning Division after the publication of the staff report. Those comments have been included in Exhibit 5. Planning Commission Meeting: The Planning Commission held a public hearing on September 14,2022. The public hearing was posted on the Planning Division website,the Utah Public Notice website, and shared through the Planning Division email listserv. No entities have requested mailed notice of this proposal and no mailed notice was provided. Written comments were provided to the Planning Commission. There three public comments made during the public hearing. The minutes of the Planning Commission meeting are linked in this document. The Commission voted 7-2 to forward a favorable recommendation to the City Council with the condition that the maximum allowable size of an ADU be increased from 720 square feet to 1,000 square feet. Planning Commission (PC) Records a) PC Agenda of September 14, 2022 (Click to Access) b) PC Minutes of September 14, 2022 (Click to Access) c) Planning Commission Staff Report of September 14, 2022 (Click to Access Report) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3) Ordinance 4) Memorandum to the Planning Commission Serving as Record of Decision to Initiate Petition 3 5) Public Comment Received after Planning Commission Staff Report was Published 4 TABLE OF CONTENTS: L CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORDINANCE 4. MEMORANDUM TO THE PLANNING COMMISSION 5. PUBLIC COMMENT 5 L CHRONOLOGY 6 ERIN MENDENHALL L DEPARTMENT of COMMUNITY Mayor 1 9 and NEIGHBORHOODS Q' =� Blake Thomas Director PROJECT CHRONOLOGY Petition: PLNPCM2022-00475 February 9,2022 Petition initiated by the a vote of the Planning Commission. May 12,2022 Petition assigned to Michael McNamee,Principal Planner. May 17,2022 Application posted for the online open house. May 18,2022 Notice mailed to all Community Councils. September 2,2022 Planning Commission agenda posted to the website and emailed to the listserv. September 8,2022 Staff report posted to Planning's website. September 14,2022 Planning Commission Meeting and Public Hearing: A positive recommendation was forwarded to City Council with one condition. 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 7 2. NOTICE OF CITY COUNCIL HEARING 8 NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2022-000475. The Planning Commission voted on February 9, 2022 to initiate a petition to amend the City's ADU Ordinance. The proposed code revisions would eliminate the conditional use requirement for detached ADUs in single-family residential zones. They would also aim to lower zoning barriers to construction of ADUs in general. The proposed changes would seek to strike a better balance between encouraging construction of ADUs and mitigating impacts to neighboring properties. (Staff Contact: Michael McNamee at 801-535-7226) As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During the hearing, anyone desiring to address the city Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TBD TIME: 7:00 PM PLACE: *Electronic and In-Person Options City and County Building Room 326 451 South State Street, Salt Lake City, Utah This meeting will be held via electronic means,while also providing for an in-person opportunity to attend or participate in the hearing at the City and County Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. For more information, including WebEx connection information, please visit www.slc.gov/council/virtual-meetings. 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 Michael McNamee at 801-535-7226 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail or michael.mcnameekslcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the "planning" tab and entering the petition number PLNPCM2022-00475. 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(c-r�,slc og v.com, (801)535-7600, or relay service 711. 9 3. ORDINANCE 10 LEGISLATIVE DRAFT 1 SALT LAKE CITY ORDINANCE 2 No. of 202_ 3 4 (An ordinance amending various sections of the Title 2 1 A of the 5 Salt Lake City Code pertaining to accessory dwelling unit regulations) 6 7 An ordinance amending various sections of Title 2 1 A of the Salt Lake City Code pursuant 8 to Petition No. PLNPCM2022-00475 pertaining to accessory dwelling unit regulations. 9 WHEREAS, the Salt Lake City Planning Commission("Planning Commission")held a 10 public hearing on September 14, 2022 to consider a petition submitted by the Planning 11 Commission(Petition No. PLNPCM2022-00475)to amend various sections of Title 2 1 A of the 12 Salt Lake City Code pertaining to accessory dwelling unit regulations; and 13 WHEREAS, at its September 14, 2022 meeting, the Planning Commission voted in favor 14 of transmitting a positive recommendation to the Salt Lake City Council ("City Council") on said 15 petition; and 16 WHEREAS, after a public hearing on this matter the City Council has determined that 17 adopting this ordinance is in the city's best interests. 18 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 19 20 SECTION 1. Amending the Text of Salt Lake City Code Section 21A.33.020. That Section 21 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 22 Conditional Uses for Residential Districts) shall be and hereby is amended to modify only the use 23 category "Dwelling, accessory unit" in the Table of Permitted and Conditional Uses for Residential 24 Districts, which use category shall read and appear in that table as follows: 25 11 o � k / a � IT � a 2 k % » a 2 k § � � \ a � \ \ E § $ a Q 2 - ® a � 2 2 � 2 \ � � \ � � a w � % § � J Q � G G LEGISLATIVE DRAFT 28 SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 29 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 30 Conditional Uses for Commercial Districts) shall be and hereby is amended only to add a new use 31 subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and 32 Conditional Uses for Commercial Districts, which use category shall be inserted into that table in 33 alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District CN CB CSl CC CSHBDI CG SNB Dwelling: Accessory unit P P P P P P P 34 35 SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.035. That Section 36 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 37 Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add a 38 new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and 39 Conditional Uses for Transit Station Area Districts, which use category shall be inserted into that 40 table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Core Transition Core Transition Core Transition Core Transition Dwelling: Accessory P P P P P P P P unit 41 42 SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 43 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 44 Conditional Uses for Downtown Districts) shall be and hereby is amended only to add a new use 13 LEGISLATIVE DRAFT 45 subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and 46 Conditional Uses for Downtown Districts, which use category shall be inserted into that table in 47 alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District D-1 D-2 D-3 D-4 Dwelling: Accessory unit P P P P 48 49 SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.060. That Section 50 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 51 Conditional Uses in the Gateway District) shall be and hereby is amended only to add a new use 52 subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and 53 Conditional Uses for Downtown Districts, which use category shall be inserted into that table in 54 alphabetical order and shall read and appear in that table as follows: 55 Use G-MU Dwelling: Accessory unit P 56 57 SECTION 6. Amending the Text of Salt Lake City Code Section 21A.33.070. That Section 58 2 IA.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 59 Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add a new 60 use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and 61 Conditional Uses for Special Purpose Districts, which use category shall be inserted into that table in 62 alphabetical order and shall read and appear in that table as follows: 63 14 LEGISLATIVE DRAFT Permitted Uses By District Use FB- FB-UN2 FB-SC FB-SE UNl Dwelling: Accessory unit P P P P 64 65 SECTION 7. Amending the Text of Salt Lake City Code Subsection 21A.40.050.B.2. That 66 Subsection 21A.40.050.B.2 of the Salt Lake City Code(Zoning: Accessory Uses, Buildings and 67 Structures: General Yard, Bulk and Height Limitations) shall be and hereby is amended to read as 68 follows: 69 2. Building Coverage: 70 71 a. In the FR,R-1,R-2 and SR residential districts the 72 maximum footprint of any accessory building, , 73 , shall not exceed fifty 74 percent(50%)of the building footprint of the principal structure up to a maximum o 75 sep�,m htmdfed twent-y(720)squm fi��for-a single family&,elliag and one thousand 76 , 77 78 79 aeeessafy s4icieVdfe. except as follows: 80 81 Notwithstanding the size of the footprint of the principal building, at least 480 square 82 feet of accessory buildingcoverage overage shall be allowed subject to the compliance with all 83 other requirements in Section 21A.40.050. 84 Accessory buildings constructed within the buildable area that are located between the 85 rear facade of the principal building and the rear yard setback may exceed 720 square 86 feet provided the building is located entirely within the buildable area and the property 87 complies with the maximum buildingcge requirements of the underlyin zoning oning 88 district. 89 (3) The buildingcge for a detached accessory dwelling unit shall be subject to the 90 standards in 21A.40.200,regardless of the buildingcge requirement in this 91 section. 92 L4) An accessory building that contains an accessory dwelling unit on the second level 93 may exceed the maximum coverage up to the footprint of the accessory dwelling unit. 94 95 b. The combined coverage for all hoop houses,greenhouses,and cold frames shall not 96 exceed thirty five percent(35%)of the building footprint of the principal structure. 15 LEGISLATIVE DRAFT 97 SECTION 8.Amending the Text of Salt Lake City Code Section 21A.40.200.That Section 98 21A.40.200 of the Salt Lake City Code(Zoning: Accessory Uses,Buildings and Structures: Accessory 99 Dwelling Units)shall be and hereby is amended to read as follows: 100 21 A.40.200: ACCESSORY DWELLING UNITS: 101 102 A. e Sta4emex*: Tlh-e „late,-y ifAefAiens of this s etio,, e 103 104 105 ' 107 , and the 108 effibedied energy eentained within existing st...,,.Pafe&. 109 , 110 families seek ng s llef-households; 111 , 112 grown el ex, to r-emaix in their-homes and neighbor-hoods, and obtain ext-F 113 ineeme o ,-ity eempanionship, and se o . 114 6. Weader the range of &,.,a ble housing+h,.attghotit the City; 115 , 116 ; 117 118 neaf tfa- sit; -Ha 120 . 121 122 " shall mean the 123 €elle 124 125 1. A ;,-diyi d,,,I*,hA ;s 1 i s t e d e n a o CC ofdea devd ellvifle-rof the r pe ft�.. 126 , adoption to an individual who is list 127 ; 128 -3-.— An individual A"e is a tmster-of a family tmst as legal owner-ship of th-e 129 Pfapefty. 130 131 , 132 " , of this title- and subjeet to eomplianee with the appheable pr-ovisi 133 of this title. 134 , but iie 135 . 136 137 1. Get",et4ing existing living area within a single family &viling as —P14q- -Additipffiq-t 138 , 139 ,t-;44 CC t-i-A_ .. 16 LEGISLATIVE DRAFT 140 2. Conveffing an existing detaehed aeeessety building, as an addition to an existing 141 aeoessefy building, or- newly psu,.,,e'te' -Aevessofy b u lrl;n. 142 143 . 144 145 1. enemal-Requirements A ioa-le�e All AevessefDwelling Units- 146 147 a. One no,-Lot: City may o..fnit o aeoessefy dwelling unit t-1,.,t. 148 eentains a single family a.,,elli . 149 b— Not n Unit of r,efsity.: Aecesr,ems=elling 4mitq Arp,nat =44qit e= 150 151 152ip: An aeee fy dwelling tmit shall not be sold sepafa4e!y or-subdivide 153 ,.,. dhe pfineipal &,elling unitoff-lot, nlosss oempliant.With sub.1iyi 154 155 Oee"aney. The City shall only pef-R-4-4--aift-aeevossafy dwelling Unit When 156 an owner-eeeupant lives on the pf-opei4y within eithef the pf-ineipal of aeeessai-j 157 158 1) T1, 1, b fide L.r 1 r 159 (r,-zacvwa��as-il-vvir%i��en�vi'iri�zv.rel3 ea�.r-�� 160 , 162 qualify for-this o eptior� 163 , assisted!iN,iffg f4eility of 164 , 165 living f e l;t;oss of eoffi-munities. 166 167 168 &,elling unit may not e-xeeedthe n*mber-allowed for-a "f s ,lamed 169 3eestie~- -2 A.67 040, «ryea, tea-Of Teffns", of this title. 170 f. -14A-M-e Oeeupatiens: Home oeeupations may be een"eted in an aeeessofy 171 &,e11iRg ti rit a s p o o t-;AR 2J A.16 n30 f't-b,;- t-;t-10 172 g. Pa-king. An aeeessofy dwelling, it shallr-e v Humf one on site 173 , the dr-iveway area loeate 174 between the pr-opei4y line with an aE�aeent street and a legally leea4ed off street 175 176 1 use is eomplied with and the dr-iveway afea has a spaee that is at least 177 twenty feet(20') deep by eight feet (9'` wide.e The, afki it may be 178eR it 179 180 181 stfbjeet pfopefty; 182 (2) The subjeeteitii loeated within one-quaff (1 A) ,-.,;le of fansn step. 183 17 LEGISLATIVE DRAFT 184 2. Additional Requifemen4s Fef-Aeeessef-y Dwelling Units Loea4ed Within A Single 185 Family Dwelling: Aeoessery dwelling units leeatead iwiah-ina singie family dwelling 186 shall eemply with the following standaf-ds: 187 188 a. Any addition shall eomply with the building heigM, yaf-d fvquir-ements-,� 189 191 et:ty i,,eatea . ithii .,r IN Hist Over-lay Dist- iet 192 b. Size Re . * I No aeeessofy dwelling tmit shall oeeup),more than fifty 193 Pefeex (50094o) of the gross square footage of the single family-d-well e 194 square footage of an attaehed gaf-age shall not be ineluded in the gross squafe 195 196 habitable s e below the g 197 6. EfAfaneea LAW,At-i A--n---;- EfAfanees to an aeeessofy dwelling u 4-4-i t t ha t —Ar-ev locate 198 within a single family dwelling shall only be pefmit4ed in the following leea4ions:. 199 200 (1) An existing entfanee to the single family dwelling; 201 , 202 shall be sot > aekfninim*mof twenty feet (20') ffofn the f r4 building ing 203 €ate 204 (3) Extefiof stairs heading to an etitfanee above theist level of the pfineipal 205 ; 206 207 , "Side 208 En"Buildings", of this title; 209 (5) boeated AM-tl e�eff-m-Fae-ade-of the ellifig 210 (6) Leeated; a silo j,afdpfovided the side yafd ; t least eight feet(8') ; 211 212 if4o the side yafd. 213 214 3. Additional Requirements For-An Aeeessof�,Dwelling Unit Loea4ed in A Detae 215 216 building or-as an addition to a-a existi g y building shall eomply with the 217 , 218 by the Histor-ie Landmark Commission for-a pr-opefty i,,eatea ; an u Histo,-ie 219 220 221 Requir-emel3ts: Shall somplywT a"�'�'eable genefal ya� bulk 222 223 224 evef-lay zoning distfiet unless othef-wise regulated by this seetion. An aeeesse 225 226 shall not eount towafds the fnwd footage of all aeeessor-y buildings as 227 stated in suh-aeEtion of this ehapter. The aeeessot=ybu g 228 229 Pf ° , 18 LEGISLATIVE DRAFT 230 exeeed six hundred fifty (650) squaf-e feet. An aeeessefy building that eef4ains all 231 232 11 >,,,;1d;,,n eovo f-av o 0 or�.4 ; or#ip, 1 n nn ncn .f this t,,,.tv, 233 234 v o efAs of the, rdo,.lying zoning d;stri,.tor- p1;,.able over-lay zeffifig 236 237 238 lino and be subjeet to the following seth ek ro 239 240 (1) Shall be 1,.eated aminimum often feet(10') ffefa the single family dwelling 241 242 Pfopefty. 243 (2) Side- ear yavd- ssetbae-kas- 244 245 ' 246 ffefa any side of fear-lot line 247 248 loeated a fniniffmm of f feet ( ,) f o afty sideor- -eaf lot line. if afa 249 existing aeoessofy building ineludes an addition, all f,,..,.oftions of the 250 existing stf et e may by used as an aeeessoi=yd, v11; tffiit pfevidea t 251 252 be altered to p1„with the riie-a le seet ,.,,s of the adopted-Fife. � do 253 of the- 254 (CTQeee �, " tie seeend sler�,alditio-m-m-to a4aexisting aeee-srrofy 255 building ; fmitted p „dod the, se ,-.d stofy addit n has , 256 sethaek of ten feet (1 n') f,.,v, a side of o pfopei4jT line and the se „d 257 258 &,o11;r,.units 1,.ea4ed on a v „d floo. f a detached aeeessofy building. 259 , 260 fedueed t f of feet (n>) 261 262 d Building Height: 263 265 266 pfopefty o exeeed seventeen feet (1 7') i height ,,.>1iehe„ef is less 267 268 Exeeption: if the single family dwelling on the pfopefty is ovef seventeen 269 , 270 faay be e"al to the height of the single family dwelling up to a maxi 271 (24') for-a*aeeessot=y buildifig with-a 272 r;tehed r-oof of v wen4„ feet (20') for-an aeeessofy building with t 4 roof 273 pfovided the aeeessof y building ding ; of i...,,.v , ffl-iffl-iffl-uffl- of tea feet (10') f om , 274 side of fear-pfepeftThe et-baek for additional height may be r-e"ee4-o 275 (42) if the side of feoff-lot 1-ine is aE�aeefA to an alley 19 LEGISLATIVE DRAFT 277 bu i 1 ding s with ., r;tehe,1 , "f.,,,a t"the top ofthe r o"f1ine f a�.,t r "f. 278 279 280 281 found in seetion 2 1 A.4 0.050 of this ohapter, 1-1-4-Ho iffi-st—anee shall any aeoesse 282 ,1,.,o11;rg , r;t o ooa a gfess floor o ofsi; htffi fe 1,;fl„ (650) squaf e feet. 283 284 building shall be 1eeatoa: 285 286 , publie street of faeing the f-eaf faeade of the single family 287 288 (2 ao " v pr-opei4y line provided the entr- nee is 1oeato a , 289 of ten feet(10') f"m the sideor-r-ear-pr-opefty line 290 (3) DAer-ior-stairs leading to an efAfanee shall be leeated a fnininium of ten feet 291 ' 292 293 . 294 295 296 0 dwelling unit shall , r1.,with the following st,,,,,1,,,.ds: 297 298 (1) Windows shall be no lafger-than neeessary to eemply with the fnini 299 , elefestafy 300 windows, or-obseuf ed glazing shall be used vihea faeing a side or-r-e 301 propeAy line t oomply imith Building Goder-equi-re-momfl-ts f,.., 302 and light "r boil-di is that e „within to feet(1 n') of a side of 303 304 (2) Exeept as required insu seEtiot.---^g(1) of this 305 307 (3) Window openings loeated on the " n floor„;thin an existing aeoessefy 308 building, i"ether-eofifofming or-non eonfofming with window regulations i 309 this ehaptef, 310 Existing windows ows loea4ed on a v „a level within ., o isti. n 311 312 313 ' . Balconies And Deelc-s- BR_Alseinea d dee��,�all be designed as fell� 314 315 (1) Shali rot o ooa o gh4y (90) sEtuar-e feet; siZe, .,1,0„ le-eated above the "found 316 level of the building; 317 eeted -A�Tini—m—mi of ten fee (1 n2) f o v, ., side of,-eaf Ya=crlotline 318 unless the r1;,.able side " ,,,-,a 1"t- line ; ,,,1;,,,,o,it t" a-H 110,,. 319 (3) Ree=tep-decks are pfohibited, 320 20 LEGISLATIVE DRAFT 321 322 shall oomply with the following: 323 324 1. Applieation- 325 326 327 21A.08 f t.his title. 328 329 (1) Get4ifieate Of Oeeupa-aey:A eet4ifieate of oeeupaney for-the n�n"n i-ig-vi 331 issued at the same time as the eei4ifteate of oeeupa-ney. if a eei4ifieate of 332 , the zooifig eei4ifieate shall be issued pfief to the 333 n D T being oeetipied. 334 (-)O a T i ,,a P,.,,gFafn: Tel-u-si :,z i4:p€efthe�e4#gal-o= 335 either-the ADUor-the single family dwelling, the oNN%er-shall be o oilea ; 336 in title 5, es, 337 Lieenses And Regulations", of Code pfiof te 3ningeet4ineate. 338 339 b. Building ing nefm it: Apply for-and i -a buil-ding eifflitferthe pfepe�e� 340aeeessor-y dwelling nit .,,.moss f, -eat a A-f PCfPC-at iA_i. 341 342 343 344 . 345 346 347 shall have eed festfietien,, theme eh shall e appfoved by the 348 ' 349 . 350 ssorch deed-fest-vipvtion- sh-All tuin m4th the land until Ohio aeekesssor-y dwelling Uflit is 351 abandoned o fevoked. 352 353 354 355 ,ela4ives of the r pefty ownen 356 357 358 this seetion, 359 . 360 361 detailing the ftumbef of applieations, 362 , 363 showing appfoved aeeessofy &,elling units. The fepoft shall be transmitted to the Givy 365 21 LEGISLATIVE DRAFT 366 A. Purpose: the re_u�rypurpose of this section is to promote an increase in the housing 367 stock within the ci . and promote housing choices by allowing_ and regulating accessory 368 dwelling units (ADUs). 369 370 B. Conflicting Regulations. If a regulation found in this section is in conflict with an 371 applicable regulation in the base zoning district, overlay district, or provision of_enteral 372 applicability, the regulation in this chapter shall take precedence, with the following 373 exceptions: 374 375 1. The regulations set forth in the H Historic Preservation Overlay District; and 376 2. The Special Foothills Regulations set forth in Subsection 21A.24.010.P of this title. 377 C. Owner Occupancy Required. The owner of the property, as defined in this section, shall 378 reside on the property. For the purposes of this title, "owner occupant" shall mean the 379 following: 380 381 1. An individual who is listed on a recorded deed as an owner of the property; 382 2. AU person who is related by blood,marriage, adoption to an individual who is listed on 383 recorded deed as an owner of the property; or 384 3. An individual who is a trustor of a family trust who possesses legal ownership of the 385 ro e . 386 4. Exceptions: 387 388 a. Owner occupancy is not required for an ADU located on a property with a principal 389 use as a duplex,multi-family dwelling, or non-residential land use.A single-family 390 dwelling with an attached ADU does not constitute a duplex. 391 b. The owner has a bona fide,temporary absence of three(3)years or less for activities 392 such as military service,temporaryjob assignments,sabbaticals, or volun service 393 (indefinite periods of absence from the dwelling shall not qualify for this exception 394 or 395 c. The owner is placed in a hospital,nursing home, assisted livingf acility or other 396 similar facility that provides regular medical care,excluding retirement living facilities 397 or communities. 398 D. Number of Allowed ADUs: A single ADU is allowed on a property where permitted in 399 Chapter 21A.33 of this title. 400 401 E. Location on property. An ADU is allowed in the following locations on a property as 402 indicated below: 403 404 1. Internal ADUs shall be located within the buildable area of the property. 405 2. A detached ADU shall be allowed as indicated in the table below: 406 407 408 22 LEGISLATIVE DRAFT Front yard Not ermitted Corner Sided Permitted if the ADU complies with the required setbacks in the table below and is no closer to the corner side property line than the principal structure. Interior Side yard Permitted if the ADU complies with the required setbacks in the table below and is located behind the rear fa ade of the principal building. Rearms Permitted if the ADU complies with the required setbacks in the table below. Buildable area Permitted Notes 1. The use of the term yard in this section shall be interpreted to mean a required indicated in the underlying zonin district. 409 410 3. A detached ADU shall be placed at a minimum distance from property lines as indicated 411 below: Rear property line 3' Side ro e line 3' Corner Side property line 10, Notes: 1. Additions to an existing accessory building shall comply with the setbacks in this table. This includes additions that add a second story. 2. An existing accessory building that is being converted to an ADU may maintain the existing setbacks of the accessory building. If a conversion includes an expansion (includingadding dding a second story,)the expansion shall comply with all applicable setback requirements in this table and in Subsection 2 1 A.40.200.F. 412 413 414 F. ADU Building Height: 415 416 1. The maximum building height for a detached ADU is 17 feet, subject to the following 417 exceptions: 418 419 a. Height may be increased up to 24 feet for a pitched roof or 20 feet for a flat roof 420 provided the side and rear yard setbacks are increased one foot for each additional foot 421 in building height above 17 feet. The setback does not need to be increased above the 422 minimum indicated in Section E on the side of an ADU that abuts an alley or on the 423 side of an ADU that abuts a property that is in a zoning district other than those listed 424 in Chapter 21A.24 of this title. 425 b. Converting a legally existing accessory building is permitted when the existing 426 accessory building exceeds the permitted height of this section. 427 c. When an ADU is located fully within the buildable area of the property,the height of 428 the ADU is allowed up to the permitted height of the principal buildingin n the 429 underlyingzoning oning district. 23 LEGISLATIVE DRAFT 430 d. Solar panels attached to the roof of an ADU are permitted to exceed the maximum 431 height of the structure up to four feet. 432 433 2. Building height for a detached ADU shall be measured in the same manner as the height 434 for the principal building. 435 3. An internal ADU is subject to the same height requirements as the principal building. 436 G. ADU Parking: 437 438 1. The number of parking stalls talls provided for the principal use shall not be reduced below the 439 minimum identified in Chapter 21A.44 of this Title in order to accommodate an ADU. 440 One parking stall is required for the ADU,except as indicated below: 441 442 a. The property is in a zoning district with no minimum off street parking requirement; 443 b. The property already contains at least one accessible stall above the minimum parking 444 requirement for the principal use; 445 c. The property is within a'/4 mile radius of a public transit stogy 446 d. The property is within'/2 mile of a city-designated bicycle lane or path; or 447 e. The City allows on-street parking along the street frontage of the property and there is 448 a minimum,uninterrupted curb length which meets city requirements to accommodate 449 at least one on-street parking stall. 450 H. Regulation of Decks, Patios, and Outdoor Space for Detached ADUs: 451 452 1. Decks more than 2 feet above the existing grade are prohibited unless the ADU is located 453 within the buildable area of the lot in which case the deck shall be subject to the same 454 regulations for decks that apply to the principal building. 455 2. Rooftgp patios on a detached ADU are prohibited. 456 3. Patios are permitted. A patio may be covered with a roof provided the square footage of 457 the roof is no larger than 120 square feet and the covered patio complies with the setbacks 458 required of the ADU. A covered patio shall not count towards the maximum square 459 footage requirement of the ADU,but does count towards the total buildingcoy overa eg of the 460 lot. 461 4. Balconies on ADUs: a balcony is permitted on a building containing an ADU provided 462 the balcony does not extend into a required ADU setback and extends no further than 5 463 feet from an exterior wall of the ADU. Balconies shall not contain HVAC equipment nor 464 be used as stora eg areas. 465 5. Internal ADUs shall be subject to the same standards for decks,patios, and other 466 encroachments that apply to the principal building and use. 467 I, ADUs located along a public alley. A detached ADU that is located within 15 feet of a 468 public alley shall include the following_ 469 470 1. An exterior light shall be located on the exterior wall of the ADU to illuminate portions of 471 the alley adjacent to the ADU. The lighting fixture shall be shielded,oriented and 24 LEGISLATIVE DRAFT 472 desimed to direct light down and avoid light pollution onto adjacent properties. All 473 oli lg Zting is prohibited. 474 2. A 4' wide path from the alley to the entrance of the ADU shall be provided. If there is a 475 fence between the ADU and the alleygate shall be provided, and the path shall lead to 476 the gate. If the ADU is located within 15 feet of two or more public alleys,this 477 requirement shall only apply to one of the alleys. 478 3. An ADU located on an alley that exists on the recorded plat maps or Atlas Plats of the city 479 but has not been used for vehicular access or is otherwise blocked by encroachments such 480 as fences or vegetation are exempt from this requirement. 481 482 J. ADU Gross Floor Area: 483 484 1. Detached ADU.None may exceed 1,000 square feet in,gross floor area, except that a 485 maximum of 1,200 square feet in,gross floor area shall be allowed when the subject 486 roe : 487 488 a. Is in a zoning district other than those listed in Chapter 21A.24 of this title; 489 b. Exceeds 12,000 square feet in lot area; or 490 c. Is part of a planned development that includes a minimum of four dwelling 491 492 2. Internal ADU. There is no maximum gross floor area provided the building complies with 493 all applicable standards in the underlyin zoning district. 494 3. Gross floor area for a detached ADU shall be calculated as follows: 495 496 a. When the building includes other allowed accessory uses, only. t�quare footage 497 dedicated to the ADU shall be counted. 498 b. When the ADU is on a second level, stairs and required landings providing access to 499 the ADU shall not be counted. 500 c. Loft space with a ceiling height lower than 7 feet within an ADU shall not be counted 501 towards the total square footage of the ADU. 502 d. Basements shall not count towards the maximum,gross floor area of the ADU, so long 503 as: 504 505 i. The basement is only used for storage or a use permitted by section 21A.40.040.E 506 of this chapter; and 507 ii. There is no internal circulation between the ADU and the basement. 508 K. Second Story Windows. Windows on the second story of a detached ADU are prohibited 509 on an exterior wall that is adjacent to a side or rear property line unless: 510 511 1. The window is a clerestory window where the bottom of the window is at least 6 feet 512 above the finished floor of the second story; 513 2. The window is on a wall that faces an elevation of the principal building; 514 3. The window faces and is at least 10 feet from a side or rear pLo _pea line; 25 LEGISLATIVE DRAFT 515 4. The exterior wall is adjacent to an alley; or 516 5. The window faces aside or rear property line that is adjacent to a property in a zoning 517 district that permits commercial uses or a property that contains a nonresidential use. 518 L. Maximum Building Coverage. Accessory dwelling units are subject to the maximum 519 building and yard coverage requirements of the applicable zoning and overlay districts. 520 521 M. Building Permit Required. A building permit is required to establish any ADU in the 522 city. All ADUs are required to comply with all adopted applicable codes including but 523 not limited to building, fire, and public utilities. 524 525 N. Administrative Regulations: the following administrative regulations are intended to 526 provide direction on applying and interpretingthe regulations of this chapter. 527 528 1. There is no minimum lot size required for an ADU. 529 2. An ADU does not count towards the density allowed in the underlyin zoning district. 530 3. ADUs that have been approved prior to (date of adoption),as part of a conditional use are 531 considered legal conforming uses and may be modified if the modification complies with 532 the requirements of this section and any other applicable standard of this title. 533 O. Zoning Certificate and Good Landlord Program: 534 535 1. A certificate of occupancy for the ADU shall not be issued until a zoning certificate is 536 issued.A zoning certificate may be issued at the same time as the certificate of occupancy_ 537 If a certificate of occupancy is not required,the zoning certificate shall be issued prior to 538 the ADU being occupied. 539 2. If a business license is required for the rental of the ADU,the owner shall be enrolled in 540 the landlord/tenant initiative program as defined in Title 5,"Business Taxes,Licenses And 541 Regulations", of this code prior to issuing a zoning certificate. 542 P. Restrictive Covenant: An ADU that is required to be owner occupied shall have a 543 restrictive covenant filed against the property on which the ADU is located, which 544 restrictive covenant shall include the following information: 545 546 1. A description of the primary dwelling and the ADU,including whether the ADU is within 547 the principal structure or a detached structure,the square footage of both the primary 548 dwelling and the ADU,and how off-street parking is allocated between the primary 549 dwelling and the ADU. 550 2. A statement that the ADU may only be used and occupied in accordance with the 551 applicable regulations adopted in the Salt Lake City Code. 552 3. The restrictive covenant shall be recorded with the Salt Lake County Recorder's Office 553 against the subject property. A cony of the recorded covenant shall be provided to the 554 planning division and attached to the building permit record prior to fmal inspection of the 555 ADU. If no final inspection is required,the copy of the recorded covenant shall be 556 provided prior to occupng the ADU. 26 LEGISLATIVE DRAFT 557 Q. Use Regulations: 558 559 1. An ADU shall not be rented as a short term rental as defined in Section 21.A.62.040. 560 2. An ADU may include any home occupation authorized by this title. 561 3. An ADU may be converted to any other accessory use that is allowed in the zoning 562 district. 563 4. An ADU cannot be converted to another principal use. 564 565 SECTION 9.Amending the Text of Salt Lake City Code Section 21A.60.020.That Section 566 21A.60.020 of the Salt Lake City Code(Zoning: List of Terms: List of Defined Terms)shall be and 567 hereby is amended to add the following terms in the list of defined terms to be inserted into that list in 568 alphabetical order: 569 Atlas, 5-acre, and 10-acre plats. 570 Balcony. 571 Bike lane. 572 Bike path. 573 Deck. 574 Dwelling, accessory unit (internal). 575 Footprint. 576 Non-residential use. 577 Porch. 578 Rooftop patio. 579 Short term rental. 580 Transit route. 581 Uplighting 582 583 SECTION 10. Amending the Text of Salt Lake City Code Section 2 IA.62.040. That Section 584 2 IA.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and 585 hereby is amended as follows: 586 a. Amending the definition of"DWELLING, ACCESSORY UNIT (ADU)."That the 587 definition of"DWELLING, ACCESSORY UNIT (ADU)" shall be amended to read 588 as follows: 27 LEGISLATIVE DRAFT 589 DWELLING, ACCESSORY UNIT (ADU): ^ Pfpe ofae 'hat i ,.hides 590 591 , either-in4efnal to or-a4aehed to the single family tmit or-in a detaehe 592 593 , an 594 . 595 A type of accessory use that includes a residential unit located on the same lot as a 596 separate principal use, either within the principal structure or within a separate accessory 597 structure. The accessory dwelling unit shall be a complete housekeeping unit with a 598 shared or separate entrance, and separate kitchen, sleeping area, closet space, and 599 bathroom facilities. 600 601 602 b. Amending the definition of"BUILDING COVERAGE." That the definition of 603 `BUILDING COVERAGE" shall be amended to read as follows: 604 BUILDING COVERAGE: That percentage of the lot covered by principal or accessory 605 buildings, including cantilevered portions of the building_ 606 607 c. Adding the definition of"ATLAS, 5-ACRE, AND 10-ACRE PLATS." That the 608 definition of"ATLAS, 5-ACRE,AND 10-ACRE PLATS"be added and inserted into 609 the list of definitions in alphabetical order to read as follows: 610 ATLAS, 5-ACRE, AND 10-ACRE PLATS: a map depicting the subdivisions of land 611 within the City. These plats are a scheme of how the City was originally laid out. The 612 City started with plats A through L, Salt Lake Cijy Survey. As the City expanded its 613 boundaries, 5 acre and 10 acre Big Field Survey Plats were added and then the numbered 614 plats 1 through 76. They show information about streets, public right of ways and, some 615 private right of ways. 616 617 618 d. Adding the definition of`BALCONY." That the definition of`BALCONY"be added 619 and inserted into the list of definitions in alphabetical order to read as follows: 620 BALCONY: An elevated floor space projecting beyond the exterior walls of a building 621 that is not supported on the ground by posts, columns, or similar supporting structural 622 elements. A balcony shall not be used as a means for entry into a building_ 623 624 28 LEGISLATIVE DRAFT 625 e. Adding the definition of"BIKE LANE." That the definition of"BIKE LANE"be 626 added and inserted into the list of definitions in alphabetical order to read as follows: 627 BIKE LANE: a division of a road for use by yclists marked off with painted lines or 628 other means. 629 630 631 f. Adding the definition of"BIKE PATH." That the definition of"BIKE PATH"be 632 added and inserted into the list of definitions in alphabetical order to read as follows: 633 BIKE PATH: a path or road for bicycles and not motor vehicles. May include paths that 634 also allow pedestrian or equestrian access. 635 636 637 g. Adding the definition of"DECK." That the definition of"DECK"be added and 638 inserted into the list of definitions in alphabetical order to read as follows: 639 DECK: A platform sitting above finished grade and supported on the ground. 640 641 642 h. Adding the definition of"DWELLING, ACCESSORY UNIT (DETACHED)." That 643 the definition of"DWELLING, ACCESSORY UNIT (DETACHED)"be added and 644 inserted into the list of definitions in alphabetical order to read as follows: 645 DWELLING, ACCESSORY UNIT (DETACHED): An accessory dwelling unit located 646 wholly within a structure that is accessory to the principal use and buildings on a lot or 647 parcel. 648 649 650 i. Adding the definition of"DWELLING, ACCESSORY UNIT (INTERNAL)." That 651 the definition of"DWELLING, ACCESSORY UNIT (INTERNAL)"be added and 652 inserted into the list of definitions in alphabetical order to read as follows: 653 DWELLING, ACCESSORY UNIT (INTERNAL: 654 An accessory dwelling unit created: 655 1. within a primary dwelling; 656 2. within the footprint of a primary dwelling at the time the internal accessory dwelling 657 unit is created; and 658 3. for the purpose of offering a long-term rental of 30 consecutive days or longer. 29 LEGISLATIVE DRAFT 659 660 j. Adding the definition of"FOOTPRINT." That the definition of"FOOTPRINT"be 661 added and inserted into the list of definitions in alphabetical order to read as follows: 662 FOOTPRINT: The measurement of lot area covered by a building, including cantilevered 663 portions of the building._ 664 665 666 k. Adding the definition of"NON-RESIDENTIAL USE." That the definition of"NON- 667 RESIDENTIAL USE"be added and inserted into the list of definitions in alphabetical 668 order to read as follows: 669 NON-RESIDENTIAL USE: lands, buildings or structures or portions thereof used or 670 designed or intended for uses other than a residential use, including,but not limited to, 671 commercial, industrial and institutional uses. 672 673 674 1. Adding the definition of"PORCH." That the definition of"PORCH"be added and 675 inserted into the list of definitions in alphabetical order to read as follows: 676 PORCH: An unenclosed structure attached to a building, covered by a separate roof, and 677 providing access to an entrance to a building. Similar structures providing access to an 678 entrance other than the primary entrance shall be considered a covered deck when located 679 on a platform that is more than two feet (2') above finished grade. 680 681 682 in. Adding the definition of"ROOFTOP PATIO." That the definition of"ROOFTOP 683 PATIO"be added and inserted into the list of definitions in alphabetical order to read 684 as follows: 685 ROOFTOP PATIO: A portion of a flat roof that is dedicated to occupiable space, or a 686 deck sitting atop a roof. 687 688 689 n. Adding the definition of"SHORT TERM RENTAL." That the definition of"SHORT 690 TERM RENTAL"be added and inserted into the list of definitions in alphabetical 691 order to read as follows: 30 LEGISLATIVE DRAFT 692 SHORT TERM RENTAL: The use of a dwelling unit or units that are offered for rent or 693 lease for a period less than 30 dam 694 695 696 o. Adding the definition of"TRANSIT ROUTE." That the definition of"TRANSIT 697 ROUTE"be added and inserted into the list of definitions in alphabetical order to 698 read as follows: 699 TRANSIT ROUTE: a route over which a public transit vehicle travels and that is 700 specifically labeled or numbered for the purpose of picking up and dropping off 701 passengers at regularly scheduled stops and intervals. 702 703 704 p. Adding the definition of"UPLIGHTING." That the definition of"UPLIGHTING"be 705 added and inserted into the list of definitions in alphabetical order to read as follows: 706 UPLIGHTING: Lights that have been designed to throw illumination upward. 707 708 SECTION 11. Effective Date. This Ordinance shall become effective on the date of its first 709 publication. 710 711 Passed by the City Council of Salt Lake City, Utah this day of 712 , 202 . 713 714 CHAIRPERSON 715 716 ATTEST: 717 718 719 CITY RECORDER 720 721 722 Transmitted to Mayor on 723 724 725 Mayor's Action: Approved. Vetoed. 726 31 LEGISLATIVE DRAFT 727 728 729 MAYOR 730 731 732 CITY RECORDER 733 734 (SEAL) 735 736 Bill No. of 202. 737 Published: 738 739 740 Ordinance amending ADU regulations 741 32 SALT LAKE CITY ORDINANCE No. of 202_ (An ordinance amending various sections of the Title 2 1 A of the Salt Lake City Code pertaining to accessory dwelling unit regulations) An ordinance amending various sections of Title 2 1 A of the Salt Lake City Code pursuant to Petition No. PLNPCM2022-00475 pertaining to accessory dwelling unit regulations. WHEREAS, the Salt Lake City Planning Commission("Planning Commission")held a public hearing on September 14, 2022 to consider a petition submitted by the Planning Commission(Petition No. PLNPCM2022-00475) to amend various sections of Title 21A of the Salt Lake City Code pertaining to accessory dwelling unit regulations; and WHEREAS, at its September 14, 2022 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council("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: SECTION 1. Amending the Text of Salt Lake City Code Section 21A.33.020. That Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended to modify only the use category"Dwelling, accessory unit" in the Table of Permitted and Conditional Uses for Residential Districts, which use category shall read and appear in that table as follows: 33 o �, x � a a � a M � a a a � � as A � � M � �, a � � r, � M O � '�^". W a � � M V N � "'� C'r � M � � � � ..w p N a � �--i � O p P-� IfJ � O a O � r o 0 ^' O p,., N rl � O M O � � a w � o N pp r � W ~ N � O ti � a � � �I � � � O ,� � � }'• Q � � SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Commercial Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District CN CB CS, CC CSHBDI CG SNB Dwelling: Accessory unit P P P P P P P SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.035. That Section 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Transit Station Area Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Core Transition Core Transition Core Transition Core Transition Dwelling: Accessory P P P P P P P P unit SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only to add a new use 35 subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Downtown Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use Permitted and Conditional Uses by District D-1 D-2 D-3 D-4 Dwelling: Accessory unit P P P P SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.060. That Section 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in the Gateway District) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Downtown Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: Use G-MU Dwelling: Accessory unit P SECTION 6. Amending the Text of Salt Lake City Code Section 21A.33.070. That Section 2 IA.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add a new use subcategory titled, "Accessory unit" in the Dwelling category in the Table of Permitted and Conditional Uses for Special Purpose Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows: 36 Permitted Uses By District Use FB- FB-UN2 FB-SC FB-SE UNl Dwelling: Accessory unit I P P P P SECTION 7. Amending the Text of Salt Lake City Code Subsection 21A.40.050.B.2. That Subsection 21A.40.050.B.2 of the Salt Lake City Code(Zoning: Accessory Uses, Buildings and Structures: General Yard, Bulk and Height Limitations) shall be and hereby is amended to read as follows: 2. Building Coverage: a. In the FR,R-1,R-2 and SR residential districts the maximum footprint of any accessory building, shall not exceed fifty percent(50%)of the building footprint of the principal structure except as follows: (1) Notwithstanding the size of the footprint of the principal building,at least 480 square feet of accessory building coverage shall be allowed subject to the compliance with all other requirements in Section 21A.40.050. (2) Accessory buildings constructed within the buildable area that are located between the rear facade of the principal building and the rear yard setback may exceed 720 square feet provided the building is located entirely within the buildable area and the property complies with the maximum building coverage requirements of the underlying zoning district. (3) The building coverage for a detached accessory dwelling unit shall be subject to the standards in 21A.40.200,regardless of the building coverage requirement in this section. (4) An accessory building that contains an accessory dwelling unit on the second level may exceed the maximum coverage up to the footprint of the accessory dwelling unit. b. The combined coverage for all hoop houses,greenhouses,and cold frames shall not exceed thirty five percent(35%)of the building footprint of the principal structure. SECTION 8. Amending the Text of Salt Lake City Code Section 21A.40.200. That Section 21A.40.200 of the Salt Lake City Code(Zoning: Accessory Uses,Buildings and Structures: Accessory Dwelling Units)shall be and hereby is amended to read as follows: 37 21A.40.200: ACCESSORY DWELLING UNITS: A. Purpose: the regulatory purpose of this section is to promote an increase in the housing stock within the city and promote housing choices by allowing and regulating accessory dwelling units (ADUs). B. Conflicting Regulations. If a regulation found in this section is in conflict with an applicable regulation in the base zoning district, overlay district, or provision of general applicability, the regulation in this chapter shall take precedence, with the following exceptions: 1. The regulations set forth in the H Historic Preservation Overlay District; and 2. The Special Foothills Regulations set forth in Subsection 21A.24.010.P of this title. C. Owner Occupancy Required. The owner of the property, as defined in this section, shall reside on the property. For the purposes of this title, "owner occupant" shall mean the following: 1. An individual who is listed on a recorded deed as an owner of the property; 2. Any person who is related by blood,marriage, adoption to an individual who is listed on recorded deed as an owner of the property;or 3. An individual who is a trustor of a family trust who possesses legal ownership of the property. 4. Exceptions: a. Owner occupancy is not required for an ADU located on a property with a principal use as a duplex,multi-family dwelling,or non-residential land use. A single-family dwelling with an attached ADU does not constitute a duplex. b. The owner has a bona fide,temporary absence of three(3)years or less for activities such as military service,temporary job assignments, sabbaticals, or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or c. The owner is placed in a hospital,nursing home,assisted living facility or other similar facility that provides regular medical care,excluding retirement living facilities or communities. D. Number of Allowed ADUs: A single ADU is allowed on a property where permitted in Chapter 21A.33 of this title. E. Location on property. An ADU is allowed in the following locations on a property as indicated below: 1. Internal ADUs shall be located within the buildable area of the property. 2. A detached ADU shall be allowed as indicated in the table below: 38 Front yard Not permitted Corner Side yard Permitted if the ADU complies with the required setbacks in the table below and is no closer to the corner side property line than the principal structure. Interior Side yard Permitted if the ADU complies with the required setbacks in the table below and is located behind the rear fa ade of the principal building. Rear yard Permitted if the ADU complies with the required setbacks in the table below. Buildable area Permitted Notes 1. The use of the term yard in this section shall be interpreted to mean a required yard as indicated in the underlying zoning district. 3. A detached ADU shall be placed at a minimum distance from property lines as indicated below: Rear property line 3' Side property line 3' Corner Side property line 10, Notes: 1. Additions to an existing accessory building shall comply with the setbacks in this table. This includes additions that add a second story. 2. An existing accessory building that is being converted to an ADU may maintain the existing setbacks of the accessory building. If a conversion includes an expansion (including adding a second story)the expansion shall comply with all applicable setback requirements in this table and in Subsection 2 1 A.40.200.F. F. ADU Building Height: 1. The maximum building height for a detached ADU is 17 feet, subject to the following exceptions: a. Height may be increased up to 24 feet for a pitched roof or 20 feet for a flat roof provided the side and rear yard setbacks are increased one foot for each additional foot in building height above 17 feet.The setback does not need to be increased above the minimum indicated in Section E on the side of an ADU that abuts an alley or on the side of an ADU that abuts a property that is in a zoning district other than those listed in Chapter 21A.24 of this title. b. Converting a legally existing accessory building is permitted when the existing accessory building exceeds the permitted height of this section. 39 c. When an ADU is located fully within the buildable area of the property,the height of the ADU is allowed up to the permitted height of the principal building in the underlying zoning district. d. Solar panels attached to the roof of an ADU are permitted to exceed the maximum height of the structure up to four feet. 2. Building height for a detached ADU shall be measured in the same manner as the height for the principal building. 3. An internal ADU is subject to the same height requirements as the principal building. G. ADU Parking: 1. The number of parking stalls provided for the principal use shall not be reduced below the minimum identified in Chapter 21A.44 of this Title in order to accommodate an ADU. One parking stall is required for the ADU,except as indicated below: a. The property is in a zoning district with no minimum off street parking requirement; b. The property already contains at least one accessible stall above the minimum parking requirement for the principal use; c. The property is within a'/4 mile radius of a public transit stop; d. The property is within'h mile of a city-designated bicycle lane or path;or e. The City allows on-street parking along the street frontage of the property and there is a minimum,uninterrupted curb length which meets city requirements to accommodate at least one on-street parking stall. H. Regulation of Decks, Patios, and Outdoor Space for Detached ADUs: 1. Decks more than 2 feet above the existing grade are prohibited unless the ADU is located within the buildable area of the lot in which case the deck shall be subject to the same regulations for decks that apply to the principal building. 2. Rooftop patios on a detached ADU are prohibited. 3. Patios are permitted. A patio may be covered with a roof provided the square footage of the roof is no larger than 120 square feet and the covered patio complies with the setbacks required of the ADU. A covered patio shall not count towards the maximum square footage requirement of the ADU,but does count towards the total building coverage of the lot. 4. Balconies on ADUs: a balcony is permitted on a building containing an ADU provided the balcony does not extend into a required ADU setback and extends no further than 5 feet from an exterior wall of the ADU. Balconies shall not contain HVAC equipment nor be used as storage areas. 5. Internal ADUs shall be subject to the same standards for decks,patios,and other encroachments that apply to the principal building and use. I. ADUs located along a public alley. A detached ADU that is located within 15 feet of a public alley shall include the following: 40 1. An exterior light shall be located on the exterior wall of the ADU to illuminate portions of the alley adjacent to the ADU.The lighting fixture shall be shielded, oriented and designed to direct light down and avoid light pollution onto adjacent properties. All uplighting is prohibited. 2. A 4' wide path from the alley to the entrance of the ADU shall be provided. If there is a fence between the ADU and the alley,a gate shall be provided,and the path shall lead to the gate. If the ADU is located within 15 feet of two or more public alleys,this requirement shall only apply to one of the alleys. 3. An ADU located on an alley that exists on the recorded plat maps or Atlas Plats of the city but has not been used for vehicular access or is otherwise blocked by encroachments such as fences or vegetation are exempt from this requirement. J. ADU Gross Floor Area: 1. Detached ADU.None may exceed 1,000 square feet in gross floor area,except that a maximum of 1,200 square feet in gross floor area shall be allowed when the subject property: a. Is in a zoning district other than those listed in Chapter 21A.24 of this title; b. Exceeds 12,000 square feet in lot area; or c. Is part of a planned development that includes a minimum of four dwelling units. 2. Internal ADU. There is no maximum gross floor area provided the building complies with all applicable standards in the underlying zoning district. 3. Gross floor area for a detached ADU shall be calculated as follows: a. When the building includes other allowed accessory uses,only the square footage dedicated to the ADU shall be counted. b. When the ADU is on a second level, stairs and required landings providing access to the ADU shall not be counted. c. Loft space with a ceiling height lower than 7 feet within an ADU shall not be counted towards the total square footage of the ADU. d. Basements shall not count towards the maximum gross floor area of the ADU, so long as: i. The basement is only used for storage or a use permitted by section 21A.40.040.E of this chapter; and ii. There is no internal circulation between the ADU and the basement. K. Second Story Windows. Windows on the second story of a detached ADU are prohibited on an exterior wall that is adjacent to a side or rear property line unless: 41 1. The window is a clerestory window where the bottom of the window is at least 6 feet above the finished floor of the second story; 2. The window is on a wall that faces an elevation of the principal building; 3. The window faces and is at least 10 feet from a side or rear property line; 4. The exterior wall is adjacent to an alley; or 5. The window faces a side or rear property line that is adjacent to a property in a zoning district that permits commercial uses or a property that contains a nonresidential use. L. Maximum Building Coverage. Accessory dwelling units are subject to the maximum building and yard coverage requirements of the applicable zoning and overlay districts. M. Building Permit Required. A building permit is required to establish any ADU in the city. All ADUs are required to comply with all adopted applicable codes including but not limited to building, fire, and public utilities. N. Administrative Regulations: the following administrative regulations are intended to provide direction on applying and interpreting the regulations of this chapter. 1. There is no minimum lot size required for an ADU. 2. An ADU does not count towards the density allowed in the underlying zoning district. 3. ADUs that have been approved prior to (date of adoption), as part of a conditional use are considered legal conforming uses and may be modified if the modification complies with the requirements of this section and any other applicable standard of this title. O. Zoning Certificate and Good Landlord Program: 1. A certificate of occupancy for the ADU shall not be issued until a zoning certificate is issued.A zoning certificate may be issued at the same time as the certificate of occupancy. If a certificate of occupancy is not required,the zoning certificate shall be issued prior to the ADU being occupied. 2. If a business license is required for the rental of the ADU,the owner shall be enrolled in the landlord/tenant initiative program as defined in Title 5,"Business Taxes,Licenses And Regulations",of this code prior to issuing a zoning certificate. P. Restrictive Covenant: An ADU that is required to be owner occupied shall have a restrictive covenant filed against the property on which the ADU is located, which restrictive covenant shall include the following information: 1. A description of the primary dwelling and the ADU, including whether the ADU is within the principal structure or a detached structure,the square footage of both the primary dwelling and the ADU,and how off-street parking is allocated between the primary dwelling and the ADU. 2. A statement that the ADU may only be used and occupied in accordance with the applicable regulations adopted in the Salt Lake City Code. 42 3. The restrictive covenant shall be recorded with the Salt Lake County Recorder's Office against the subject property. A copy of the recorded covenant shall be provided to the planning division and attached to the building permit record prior to final inspection of the ADU. If no final inspection is required,the copy of the recorded covenant shall be provided prior to occupying the ADU. Q. Use Regulations: 1. An ADU shall not be rented as a short term rental as defined in Section 21.A.62.040. 2. An ADU may include any home occupation authorized by this title. 3. An ADU may be converted to any other accessory use that is allowed in the zoning district. 4. An ADU cannot be converted to another principal use. SECTION 9.Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 2IA.60.020 of the Salt Lake City Code(Zoning: List of Terns: List of Defined Terms)shall be and hereby is amended to add the following terms in the list of defined terms to be inserted into that list in alphabetical order: Atlas, 5-acre, and 10-acre plats. Balcony. Bike lane. Bike path. Deck. Dwelling, accessory unit(internal). Footprint. Non-residential use. Porch. Rooftop patio. Short tern rental. Transit route. Uplighting. SECTION 10. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 2 IA.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and hereby is amended as follows: 43 a. Amending the definition of"DWELLING, ACCESSORY UNIT (ADU)." That the definition of"DWELLING,ACCESSORY UNIT (ADU)" shall be amended to read as follows: DWELLING, ACCESSORY UNIT (ADU): A type of accessory use that includes a residential unit located on the same lot as a separate principal use, either within the principal structure or within a separate accessory structure. The accessory dwelling unit shall be a complete housekeeping unit with a shared or separate entrance, and separate kitchen, sleeping area, closet space, and bathroom facilities. b. Amending the definition of"BUILDING COVERAGE." That the definition of "BUILDING COVERAGE" shall be amended to read as follows: BUILDING COVERAGE: That percentage of the lot covered by principal or accessory buildings, including cantilevered portions of the building. c. Adding the definition of"ATLAS, 5-ACRE, AND 10-ACRE PLATS." That the definition of"ATLAS, 5-ACRE, AND 10-ACRE PLATS"be added and inserted into the list of definitions in alphabetical order to read as follows: ATLAS, 5-ACRE, AND 10-ACRE PLATS: a map depicting the subdivisions of land within the City. These plats are a scheme of how the City was originally laid out. The City started with plats A through L, Salt Lake City Survey. As the City expanded its boundaries, 5 acre and 10 acre Big Field Survey Plats were added and then the numbered plats 1 through 76. They show information about streets, public right of ways and, some private right of ways. d. Adding the definition of`BALCONY." That the definition of"BALCONY"be added and inserted into the list of definitions in alphabetical order to read as follows: BALCONY: An elevated floor space projecting beyond the exterior walls of a building that is not supported on the ground by posts, columns, or similar supporting structural elements. A balcony shall not be used as a means for entry into a building. 44 e. Adding the definition of"BIKE LANE." That the definition of"BIKE LANE"be added and inserted into the list of definitions in alphabetical order to read as follows: BIKE LANE: a division of a road for use by cyclists marked off with painted lines or other means. f. Adding the definition of"BIKE PATH." That the definition of"BIKE PATH"be added and inserted into the list of definitions in alphabetical order to read as follows: BIKE PATH: a path or road for bicycles and not motor vehicles. May include paths that also allow pedestrian or equestrian access. g. Adding the definition of"DECK." That the definition of"DECK"be added and inserted into the list of definitions in alphabetical order to read as follows: DECK: A platform sitting above finished grade and supported on the ground. h. Adding the definition of"DWELLING,ACCESSORY UNIT (DETACHED)." That the definition of"DWELLING, ACCESSORY UNIT (DETACHED)"be added and inserted into the list of definitions in alphabetical order to read as follows: DWELLING, ACCESSORY UNIT (DETACHED): An accessory dwelling unit located wholly within a structure that is accessory to the principal use and buildings on a lot or parcel. i. Adding the definition of"DWELLING, ACCESSORY UNIT (INTERNAL)." That the definition of"DWELLING, ACCESSORY UNIT (INTERNAL)"be added and inserted into the list of definitions in alphabetical order to read as follows: DWELLING, ACCESSORY UNIT (INTERNAL): An accessory dwelling unit created: 1. within a primary dwelling; 2. within the footprint of a primary dwelling at the time the internal accessory dwelling unit is created; and 3. for the purpose of offering a long-term rental of 30 consecutive days or longer. 45 j. Adding the definition of"FOOTPRINT." That the definition of"FOOTPRINT"be added and inserted into the list of definitions in alphabetical order to read as follows: FOOTPRINT: The measurement of lot area covered by a building, including cantilevered portions of the building. k. Adding the definition of"NON-RESIDENTIAL USE." That the definition of"NON- RESIDENTIAL USE"be added and inserted into the list of definitions in alphabetical order to read as follows: NON-RESIDENTIAL USE: lands, buildings or structures or portions thereof used or designed or intended for uses other than a residential use, including,but not limited to, commercial, industrial and institutional uses. 1. Adding the definition of"PORCH." That the definition of"PORCH"be added and inserted into the list of definitions in alphabetical order to read as follows: PORCH: An unenclosed structure attached to a building, covered by a separate roof, and providing access to an entrance to a building. Similar structures providing access to an entrance other than the primary entrance shall be considered a covered deck when located on a platform that is more than two feet(2') above finished grade. in. Adding the definition of"ROOFTOP PATIO." That the definition of"ROOFTOP PATIO"be added and inserted into the list of definitions in alphabetical order to read as follows: ROOFTOP PATIO: A portion of a flat roof that is dedicated to occupiable space, or a deck sitting atop a roof. n. Adding the definition of"SHORT TERM RENTAL." That the definition of"SHORT TERM RENTAL"be added and inserted into the list of definitions in alphabetical order to read as follows: 46 SHORT TERM RENTAL: The use of a dwelling unit or units that are offered for rent or lease for a period less than 30 days. o. Adding the definition of"TRANSIT ROUTE." That the definition of"TRANSIT ROUTE"be added and inserted into the list of definitions in alphabetical order to read as follows: TRANSIT ROUTE: a route over which a public transit vehicle travels and that is specifically labeled or numbered for the purpose of picking up and dropping off passengers at regularly scheduled stops and intervals. p. Adding the definition of"UPLIGHTING." That the definition of"UPLIGHTING"be added and inserted into the list of definitions in alphabetical order to read as follows: UPLIGHTING: Lights that have been designed to throw illumination upward. SECTION 11. 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: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. 47 MAYOR CITY RECORDER SEAL APPROVED AS TO FORM* Salt Lake City Attorney's Office Bill No. of 202 . Date: Nove ber 1 2022 Published: By: Pa I C.Mielson enior City Attorney *Subject to the adoption date highlighted Ordinance amending ADU regulations(final) in Section 8 being updated before publication. 48 4. MEMORANDUM TO THE PLANNING COMMISSION 49 Q_ NO ICY MEMORANDUM PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS To: Amy Barry,Chair Salt Lake City Planning Commission Cc: Lisa Shaffer,Chief Administrative Officer,Blake Thomas,Department of Community and Neighborhoods Director;Michaela Oktay,Deputy Planning Director From: Nick Norris,Planning Director Date: MaY5,2022 Re: Planning Commission petition initiation to modify the Accessory Dwelling Unit Regulations On February 9,2022 the Salt Lake City Planning Division voted to initiate a zoning text amendment that would change the accessory dwelling units from conditional uses to permitted uses across all zoning districts where the use is allowed. The motion the Planning Commission adopted was stated as: I move that the Planning Commission initiate a petition to update the ADU regulations of the city in order to make all ADUs permitted uses and make other necessary changes to do so, including changes to comply with Utah Code changes adopted in 2021 and clarifying applicable standards so they can be administered as permitted uses This memo serves as a record of that decision and will be used to start the process of drafting a proposal that would accomplish the intent of this motion. By signing the document as the chair of the Planning Commission,you are acknowledging that the item was listed on the Feb 9,2022 Planning Commission agenda,that the commission discussed the proposal,and that a motion passed by the Planning Commission initiating the zoning text amendment. Please contact me at 8ol-535-6173 or nick.norris<a)slcgov.com if you have any questions.Thank you. Co ' sion Chair Date SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET,ROOM 406 WVWV.SLC.GOV PO BOX 145480 SALT LAKE CITY,UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174 50 5. PUBLIC COMMENT 51 ERIC VALCHUIS 1587 S 1500 E,Salt Lake City,UT 84105 1 1 Michael McNamee Salt Lake City Planning 451 South State Street// Room 406 Salt Lake City,UT 84111-5480 michael.mcnamee ckslcgov.com RE: Support of the revised Salt Lake City ADU Ordinance Dear Michael, My name is Eric Valchuis and I am writing to support the revised ADU Ordinance which will promote stable homeownership,increase the supply of reliable rental housing,and reduce automobile reliance.To amplify these outcomes,I further encourage the Planning Commission to strike the owner requirement and increase the maximum ADU square footage in the revised ordinance. ADUs are beneficial for cities,homeowners, and renters,an assertion backed up through work I have completed alongside the Terner Center and the Center for Community Innovation (CCI) at UC Berkeley on ADU adoption,zoning,and finance.ADUs are an excellent way of adding density to cities, especially those like Salt Lake City that are dominated by single-family zoning.By increasing density in areas closer to amenities,vehicle miles traveled may be reduced.Many homeowners rent out their ADUs to generate a rental income stream to increase their financial stability. Others rent to family members,caretakers,or friends, increasing quality of life.In building ADUs,homeowners increase the supply of housing which,at the aggregate,can reduce the cost of housing—an important task given the findings of the City's recent Thriving in Place study.ADUs are often built in higher wealth areas but more often rented at affordable levels,giving lower-income families the opportunity to live in wealthier areas which has been shown to improve childhood outcomes.' I applaud Salt Lake for having taken steps,and continuing to take steps,to reform codes to lower the barriers to ADU construction.Permitting ADUs on residential and non-residential properties,as would be allowed in the revised ordinance,is an especially forward-leaning provision.The absence of lot size minimums and lenient parking requirements are also hallmarks of an exemplary ADU code. However,there remain shortcomings in the revised ordinance that limit the potential positive impacts that ADUs can have on the city. Most importantly,the owner occupancy requirement increases renter instability;if a homeowner vacates the property,whether by choice or necessity,then the tenant will also be forced to move. Given the city's housing crisis,we know that there are"very limited,if any,housing options available to low-income households after they are displaced.As a result [displaced] families are likely to either leave the city,double up with other households, enter into homelessness,or move out of the region or even state."z Further,the owner occupancy requirement will limit the numbers of ADUs built. Per the ADU Scorecard,a study published by CCI,an owner occupancy requirement"hinders financial viability for homeowners who need the rental income,or have constraints that prohibit them from living on-site." Given the negative impacts 1 ADUs in wealthier areas:Chapple,Karen,David Garcia,Eric Valchuis,and Julian Tucker "Reaching California's ADU Potential:Progress to Date and the Need for ADU Finance"Center for Community Innovation and the Temer Center for Housing Innovation:University of California, Berkeley,August 2020 htto://ternercenter berkeleg edu/uploads/Reaching Califomias ADU Potential 2020 1 Rdf Unit affordability:Jake Wegmann&Karen Chapple(2014) Hidden density in single family neighborhoods:Backyard cottages as an equitable smart growth strategy,Journal of Urbanism:International Research on Placemaking and Urban Sustainability,7:3,307-329,DOI: 10 1080/17549175 2013 879453 See table 3 Opportunity for children:https://opportunityinsights org/neighborhoods/ 2"Phase One Summary Report,Thriving in Place:Salt Lake City's Anti-Displacement Strategy July 2022 https://urban-displacement github io/edr- ut/slc edr report/ 52 ERIC VALCHUIS 1587 S 1500 E,Salt Lake City,UT 84105 1 1 on tenant stability and the number of potential ADUs that would be built, section CA. of the revised ordinance should be removed. Secondly,maximum gross floor areas impede the utility of ADUs.The revised ordinance allows for a detached ADU of up to 720 square feet,with limited exceptions. Given typical apartment layouts,720 square feet can accommodate up to one bedroom. For many homeowners and many properties,this is an appropriate number of bedrooms.For other homeowners and properties,this square footage limitation is unnecessarily burdensome.Many homeowners use their ADU to house their grown children and their families or their aging parents and their caretakers. For these situations,a one-bedroom unit is insufficient. One-bedroom apartments are also not the unit-size most in need in Salt Lake City.'To allow homeowners to construct apartments with at least two bedrooms,the detached ADU maximum gross floor area (Section K.1.) should be increased from 720 to 1,000 square feet. Salt Lake City is rising to the challenge to meet its housing crisis.Adopting the revised ordinance,with the owner occupancy and maximum square footage provisions removed and revised,respectively,is another bold step that the Commission can take. Best regards, 2:;41, Eric Valchuis a Ibid The housing crisis is most severe for families,including married couples with children and single parents with children 53 From: To: Planning Public Comments Subject: (EXTERNAL)ADU Amendment comments for the meeting tonight Date: Wednesday,September 14,2022 10:36:35 AM I support more ADU's and making it easier for residents to build them, I agree with most of the requirements but have some concerns about owner occupancy. I understand the issues with enforcement and also the financing issue but other cities have dealt with those issues in positive and creative ways, like working with financial institutions or subsidizing loans, one even allows a 2 year"break" in the requirement. Owner occupancy could be kept now and then re-addressed in a couple of years to allow time to see how it works. If owner occupancy is not approved then there should be resident occupancy rates (2 for a one bedroom and 3 non-related, 4 related for a 2 bedroom ADU). This needs to be enforced with fines for the landlords if they don't comply. Enforcement of maintenance both inside and outside the dwelling(s) must also be taken more seriously. The decline of properties, including landscaping, and too many residents packed into a rental, is detrimental to the neighborhood and our property values. Owners tend to take care of their properties where landlords and developers/investors are typically only concerned with collecting the rent. My experience is that code enforcement can decide whether or not to enforce code. I know that the cost of hiring enforcement officers may not be in the budget so residents need to step up and report issues in their neighborhood. Education and reminders about how to report issues could be done with regular participation from Code Enforcement in the Community Council meetings (much like we do with Police and Fire). This would allow residents to escalate issues if they don't see action on a problem they reported. I would like to see a requirement that the design of a detached ADU matches or complements the exterior of the existing home and not allow"raw" shipping containers or cheap materials. Again, this is to keep the culture of the neighborhoods intact and to maintain property values for homeowners. Yvonne Martinez 54 SLC NEIGHBORS 1,0:::JFOR MORE NEIGHBORS September 14, 2022 Michael McNamee, Principal Planner Salt Lake City Planning Division Dear Michael, It is my pleasure to submit this letter on behalf of SLC Neighbors for More Neighbors. We're a newly formed network of SLC neighbors working for housing that is affordable for all income levels through policies that are pro-housing and pro-tenant. We support the proposed Accessory Dwelling Unit (ADU) Code Changes'm_;, because ADUs are an important part of Salt Lake City's housing future. While they are not a silver bullet that can fully meet all of SLC's housing needs, they are a critical part of establishing neighborhood scale infill housing and affordable units. As a simple and affordable option for many people, these units can provide much needed workforce housing, housing for students, and for aging parents. ADUs are also a way to build wealth and opportunity in SLC's neighborhoods by providing every homeowner with the opportunity to participate in incremental development of their neighborhoods. The changes proposed by SLC will make ADUs easier to build. We support this policy as a necessary first step toward incremental density and increased housing in every neighborhood in SLC. Thank you, Turner Bitton, Executive Director �, 'j'? -,- SLC Neighbors for More Neighbors 55 PLNPCM2022-00475 - ADU Changes Transmittal Full Packet Final Audit Report 2022-12-09 Created: 2022-12-06 By: Katherine Vuong(katherine.vuong@slcgov.com) Status: Signed Transaction ID: CBJCHBCAABAAvHZvW6NmxKHSxJFB K1Kkr1d1-tc9nlM "PLNPCM2022-00475 - ADU Changes Transmittal Full Packet" History Document created by Katherine Vuong (katherine.vuong@slcgov.com) 2022-12-06-9:44:48 PM GMT Document emailed to Orion Goff(orion.goff@slcgov.com)for signature 2022-12-06-9:45:27 PM GMT Email viewed by Orion Goff(orion.goff@slcgov.com) 2022-12-07-4:13:05 AM GMT Email viewed by Orion Goff(orion.goff@slcgov.com) 2022-12-09-9:38:23 PM GMT Document e-signed by Orion Goff(orion.goff@slcgov.com) Signature Date:2022-12-09-9:38:40 PM GMT-Time Source:server Agreement completed. 2022-12-09-9:38:40 PM GMT Powered by F Adobe lC /r' Acrobat Sign Item F1 •••• ' "'z MOTION SHEET _ CITY COUNCIL of SALT LAKE CITY ivy ii •_'t°'.-• ii � I�'� iip TO: City Council Members FROM: Brian Fullmer Policy Analyst DATE: April 4,2023 RE: 13o North 2ioo West Airport Flight Path Protection Influence Zone B Map Amendment PLNPCM2022-oo833 MOTION i(adopt updated ordinance) I move that the Council adopt an updated ordinance that includes a condition that the property owner enter a development agreement with the City requiring sound attenuation in new structures constructed on the property,or if there is a substantial remodel of an existing structure. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCIL.COM P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651 ERIN MENDENHALL L DEPARTMENT of COMMUNITY Mayor `' �� and NEIGHBORHOODS f: � Blake Thomas n Director CITY COUNCIL TRANSMITTAL ' h n°",,10,202315:11M" ) Date Received: 3/10/2023 Rachel Otto, Chief of Staff Date sent to Council: 3/10/2023 TO: Salt Lake City Council DATE: March 10, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community&Neighborhoods FL- SUBJECT: Zoning Map Amendment at approximately 130 N 2100 W,Petition PLNPCM2022-00833 STAFF CONTACT: Krissy Gilmore, Senior Planner,Kristina.Gilmorekslcgov.com, 801-535- 7780 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to amend the zoning map to remove the property at 130 N 2100 W from the Airport Flight Path Protection Overlay District Influence Zone B, described under City Code 21A.34.040. BUDGET IMPACT: None. BACKGROUND/DISCUSSION: The proposal includes a zoning map amendment to remove the property located at 130 N 2100 W from the Airport Flight Path Protection Influence Zone B, described under City Code 21A.34.040. Specifically,the applicant states that"the project will utilize,retrofit,remodel, and expand the existing hotel building to become a 94-unit, single-room occupancy residential facility for individuals transitioning out of homelessness. In addition to the 94 SRO units, the remodeled facility will provide community amenities (clubhouse, kitchen, laundry facilities, community room, lounge, community gardens, etc.), case management offices, and administration spaces for operational support."For specific information regarding the proposal, please refer to the Planning Commission Staff Report. SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV P.O.BOX 145487,SALT LAKE CITY,UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269 The current hotel/motel use is permitted in the TSA-MUEC-C zoning district and within the Airport Influence Zone B. The goal for the applicant is to be able to accept housing vouchers for permanent supportive housing for those people transitioning out of homelessness. A hotel is not eligible to accept vouchers and the land use must be considered multi-family housing, which is a permitted use in the TSA-MUEC-C zoning district. It would also allow the applicant to offer supportive services that benefit the residents of the facility, which are also permitted uses in the TSA zoning district. While most residential uses are prohibited in Zone B, other similar uses with sound attenuation requirements are allowed, such as rest homes. With the recommended condition of approval to ensure sound attenuation requirements are still in place, the impact should be similar to that of other permitted uses. For specific information regarding the proposal, please refer to the Planning Commission Staff Report. Please note that the Staff Report discusses transitional housing for those experiencing homelessness. During the public hearing with the Planning Commission the applicant clarified that the intended use is for permanent supportive housing, with a focus on providing housing for those 55 and older who are transitioning out of homelessness. PUBLIC PROCESS: • The Planning Division provided a 45-day comment period notice to the associated community councils for the property,Poplar Grove and Jordan Meadows.No letter or other input was received from the Poplar Grove or Jordan Meadows Community Council. • Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing notice about the proposal and information on how to give public input on the project on September 21, 2022. • An online open house was held on the proposal from September 26th to November 30th. • No public comments were received. This petition was sent to the Council in February 2023. The ordinance mistakenly omitted the suggested development condition and must be rereviewed. Planning Commission(PC)Records PC Agenda for November 16,2022 (Click to Access) PC Minutes of November 16, 2022 (Click to Access) PC Staff Report for November 16, 2022 (Click to Access Staff Report) EXHIBITS 1. Chronology 2. Notice of City Council Hearing 3. Petition Application SALT LAKE CITY ORDINANCE No. of 2023 (Amending the zoning map pertaining to a parcel located at approximately 130 N 2100 W to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone B) An ordinance amending the zoning map pertaining to a parcel located at approximately 130 N 2100 W to amend the zoning map to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone B pursuant to Petition No. PLNPCM2022-00833. WHEREAS, ASSIST Inc., on behalf of the owner of the parcel that is the subject of this ordinance, submitted an application to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone B from the subject parcel pursuant to Petition No. PLNPCM2022-00833; WHEREAS, at its November 16, 2022 meeting, the Salt Lake City Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council ("City Council") on said petition with the further recommendation that the approval of the petition be conditioned on the property owner entering into a development agreement to address sound attenuation; and WHEREAS, after a public hearing on this matter the City Council determined that adopting this ordinance is in the city's best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that one (1)parcel located at approximately 130 N 2100 W(Parcel ID 08-33-426-026-0000), and as more particularly described on Exhibit"A" attached hereto (the "Property"), shall be and hereby is rezoned to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone B from the Property. SECTION 2. Conditions. Approval of this ordinance is conditioned upon the property owner entering into a development agreement that obligates the property owner to construct an air circulation system of at least 30 dBs of sound attenuation in sleeping areas and at least 25 dBs of sound attenuation in non-sleeping areas in the event any new structure is constructed on the Property or there is a substantial remodel of an existing structure on the Property. SECTION 3. Effective Date. This ordinance shall take effect immediately after it has been published in accordance with Utah Code Section 10-3-711 and recorded in accordance with Utah Code Section 10-3-713. The Salt Lake City Recorder is instructed not to publish or record this ordinance until the condition set forth in Section 2 is satisfied as certified by the Salt Lake City Planning Director or his designee. SECTION 4. Time. If the condition identified in Section 2 above has not been met within one year after passage of this ordinance then this ordinance shall become null and void. The City Council may, for good cause shown, by resolution, extend the time for satisfying the condition identified above. Passed by the City Council of Salt Lake City, Utah, this day of , 2023. CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER APPROVED AS TO FORM (SEAL) Salt Lake City Attorney's Office Date March 8 2023 Bill No. of 2023. By: Published: Katherine D.Pa ker,Senior City Attorney Ordinance Removing Airport Influence Zone B 130 N 2100 W Exhibit "A" Legal Description of the Parcel to be rezoned to remove the AFPP Zone B Parcel No. 08-33-426-026-0000 Beginning at a point on the East Boundary of 2100 West Street(a 44 foot wide Road)which point is North 89°58'30" East 1,959.03 feet along the Section Line and North 0°00'35" West 804.00 feet to an existing plug in the top of the curb at the intersection of the North Line of North Temple Street and the East Line of 2100 West Street and North 0°00'35" West 89.88 feet along said East Boundary of 2100 West Street from the South Quarter Corner of Section 33, Township 1 North, Range 1 West, Salt Lake Base & Meridian which point is also North 89°58'38" East 676.32 feet along the Monument Line of North Temple Street and North 0°00'35" West 155.28 feet from an existing monument at the intersection of North Temple and 2200 West Street and running thence North 0°00'35" West 331.12 feet along said East Boundary of said 2100 West Street; thence North 89°59'25" East 343.34 feet; thence South 0°00'35" East 145.55 feet; thence along the boundary of the Questar Gas Company Property in the following two courses: (i) South 89°54'56" West 50.00 feet, (ii) South 0°07'27" West 144.25 feet; thence West 119.25 feet; thence South 41.30 feet; thence West 173.75 feet to the point of beginning. I) CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2022-00833 August 22, 2022 Application for a Zoning Map Amendment. September 9, 2022 Petition PLNPCM2022-00833 was assigned to Krissy Gilmore, Senior Planner, for staff analysis and processing. September 21, 2022 Notice sent to Recognized Community Organizations informing them of the petition. Early notification of the project was also sent to property owners and residents within 300 feet of the proposal. October 26, 2022 The proposal was posted for an online open house through November 30, 2021. November 4, 2022 Planning Commission public hearing notices emailed to interested parties and residents/property owners who requested notice. Agenda posted to the Planning Commission website and the State of Utah Public Notice webpage. November 10, 2022 Planning Commission Staff Report posted. November 16, 2022 Planning Commission held a public hearing and made a positive recommendation to the City Council to approve the proposed map amendment. November 21, 2022 Ordinance request sent to Attorney's Office December 2, 2022 Signed ordinance received from Attorney's Office 2) NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2022-00833 Zoning Map Amendment for the property at 130 N 2100 W. ASSIST Inc., representing the property owner, Friends of Switchpoint, has requested a Zoning Map Amendment to remove the property at the above-stated address from the Airport Flight Path Protection Influence Zone B, described under City Code 21A.34.040. The property is currently occupied by a hotel building and associated parking. The desired result is to allow the building to operate as transitional multifamily housing. On November 16, 2022, the Planning Commission held a public hearing and voted to recommend approval of the zoning map amendment by the City Council. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petitions. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TBD TIME: 7:00 PM PLACE: Electronic and in-person options. 451 South State Street,Room 326,Salt Lake City,Utah ** This meeting will be held via electronic means,while also providing for an in-person opportunity to attend or participate in the hearing at the City and County Building, located at 451 South State Street,Room 326,Salt Lake City,Utah.For more information, including WebEx connection information, please visit www.slc.gov/council/virtual- meetings. 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 Krissy Gilmore at 801-535-7780 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail at kristina. ilg morekslcgov.com The application details can be accessed at https://citizegportal.slcgov.com/,by selecting the "planning"tab and entering the petition number PLNPCM2022-00833 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 make a request,please contact the City Council Office at council.commentsgslc og v.com, (801)535-7600, or relay service 711. 3)PETITION APPLICATION assist COMMUNITY DESIGN CENTER August 22, 2022 Salt Lake City Corporation 451 South State Street Salt Lake City, UT 84111 To Whom It May Concern: Switchpoint Community Resource Center is proposing to redevelop an existing hotel building to provide affordable housing units on a property parcel located at 130 North 2100 West in Salt Lake City. Specifically, the project will utilize, retrofit, remodel, and expand the existing hotel building to become a 94-unit, single-room occupancy residential facility for individuals transitioning out of homelessness. In addition to the 94 SRO units, the remodeled facility will provide community amenities (clubhouse, kitchen, laundry facilities, community room, lounge, community gardens, etc.), case management offices, and administration spaces for operational support. The indicated property is currently zoned as a Transit Station Area-Mixed Use Employment Center zone (TSA-MUEC). In addition, the property is included in the Airport Influence Zone B within the AFPP Airport Flight Path Protection Overlay District. As allowed by current zoning, the property is currently being used as an extended stay hotel. However, the Airport Overlay District designation unnecessarily prohibits the property from being used as a multi-family residential building and therefore limits the possibility of an affordable housing project as described above.The designation also directly conflicts with the desired outcomes for the underlying TSA-MUEC zone. The property owner, Switchpoint Community Resource Center, believes the property will better serve the community as a deeply affordable housing project rather than its current use as a hotel.The following are reasons why the subject property should be excluded from the AFPP Airport Flight Path Protection Overlay District: 1. The AFPP Airport Flight Path Protection Overlay District requirements directly conflict with the desired outcomes for the underlying TSA-MUEC zone by discouraging residential uses as part of any development. 2. The subject property is located on the eastern-most boundary of the airport overlay district and sees minimal impact from airport operations. Flight paths do not cross the property and therefore aircraft noise exposure is minimal on the property. 3. The property is adjacent to a variety of newly developed multi-family residential projects along North Temple and a new residential project would bolster the emerging neighborhood. 4. The property is also within a 1000 ft radius from that UTA Trax stop, giving residents of the proposed facility excellent access to employment and other services around the greater Salt Lake City area. For this property to be used as a residential building and serve as a better resource to the community, the zoning map will need to be modified to exclude the property from the AFPP Airport Flight Path Protection Overlay District. Because the property is located along the eastern boundary of the overlay district, the eastern boundary can be adjusted to exclude the subject property without disrupting the 218 East 500 South I Salt Lake City, Utah 84111 Tel: 801.355.7085 Fax: 801.355.7086 TTY: 771 www.assistutah.org info@assistutah.org rest of the Overlay District. This Airport Overlay District boundary adjustment would allow the subject property to better fulfill the purpose of the underlying TSA-MUEC zone and therefore better serving the Salt Lake City community. Please don't hesitate to reach out if you have any additional questions. Sincerely, tWheeler, AIA ive Director 801.355.7085 Property Details Parcel Number: 08-33-426-026-0000 Street Address: 130 North 2100 West, Salt Lake City, UT 84116 Property Legal Description: Beg on N line of N Temple St at a pt N 89°58'30" E 1959.03 Ft&N 0°00'35"W 804 Ft Fr S 1/4 Cor Sec 33, Tln, Rlw, Slb&M, Sd Pt Being N 89°58'38" E 676.32 Ft & N 0°00'35"W 155.28 Ft Fr Salt Lake City Mon At Intersection Of 2200 W&N Temple St; N 0°00'35"W 331.12 Ft; N 89059'25" E 343.34 Ft; S 000035" E 145.55 Ft; S 89054'56"W 50 Ft; S 0007'27"W 144.25 Ft; W 119.25 Ft; S 41.30 Ft;W 173.75 Ft To Beg. Current Zoning Designation: Transit Station Area-Mixed Use Employment Center AFPP Airport Flight Path Protection Overlay District (Airport Influence Zone B) Proposed Zoning Amendment: Adjust zoning map so subject property is excluded from the AFPP Airport Flight Path Protection Overlay District (Airport Influence Zone B) 218 East 500 South I Salt Lake City, Utah 84111 Tel: 801.355.7085 Fax: 801.355.7086 TTY: 771 vww.assistutah.org info@assistutah.org 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 The Point DEVELOPMENT SUMMARY Fairpark A �oTnra=A R3zncl tnoasssF E�AREA SWTTCHH7INTCOMMUNITY TOTALoaosseun D114 a=n 3sTaTSF RESOURCECENTER TOTALREsiDE—L UNIT— MNORTH 1300 WEST -(SL-10 JU Tsl ST GEORGE,UT 84770 8 TOTURARaxosTAils. 111—LLS PROPERTY DETAILS sALT CWTITTU„s R o s w DCOMMUNT 2 GARDENS v I u •�a -- u I�z E I` F REMODELED EXSTG BUILDING 1 I w I �PARN "� ' NOT FOR CONSTRUCTION I I uu v I e e a �a a Revision Date I ccess I E: O y EXSTG BUILDING w I LLz::-- ProleR Na. 22003 Date: 08.18.2022 NORTH TEMPLE STREET CO%RICH(2022 ASSIST Community Design Cen[er Site Plan o7516 C1.1 K1 proposed Site Plan N 1 2 3 1 4 5 6 7 1 8 1 9 1 10 1 11 1 12 1 13 1 14 1 15 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY ,,, ,V I'n u ,,,,, Item Schedule: Briefing:April 4,2023 TO: City Council Members Set Date:April 4,2023 Public Hearing:April 18,2023 FROM: Brian Fullmer Potential Action: May 2,2023 Policy Analyst DATE: April 4,2023 RE: Downtown Building Height and Street Activation Text Amendment PIENPCM2022-00529 The Council will be briefed about proposed amendments to the City's zoning ordinance pertaining to building heights and pedestrian engagement in the Downtown Plan area.The city worked with a consultant,Design Workshop,on the proposal. Proposed changes would affect the following zoning districts as shown in the image below: • D-1(Downtown Central Business District) • D-2 (Downtown Support) • D-3(Downtown Warehouse) • DA(Downtown Secondary Business District) • G-MU(Gateway Mixed Use) • CG(General Commercial) • FB-UN-1/2 (Form-Based Urban Neighborhood 1 and 2) The Administration's proposal also recommends changes to the Design Standards found in Chapter 21A.37, and the Design Review process found in Chapter 21A.59 of Salt Lake City Code. The proposal includes three main elements: Pedestrian Orientation, Human Scale Design, and Building Height.These are summarized below. Please see the attached presentation from Planning staff and Design Workshop to view a presentation the Planning Division provided that outlines the key changes. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCIL.COM P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651 Pedestrian Orientation Under the proposal an area is considered pedestrian oriented if sidewalks and public spaces feel safe, welcoming, and free of barriers to those walking or using a wheelchair. Human Scale Design The proposal calls for development to be scaled toward humans through building form,visual interest,first floor activation,fagade transparency, overhead elements,setbacks, and public access points. Building Height Building heights may be adjusted and will be considered as they preserve visual corridors,reflect the character of downtown's individual districts,and include public benefits for height bonuses. TOM pie squa I-LI-��.9 TKO w SIM ftLM Irn 2 + 100 6 I.-- - a 15 ' w 300 S QMNI BUS Inns[A t E47 #7o S — Smadwa y DisuiCt i 1 Grand Bouie+rar&WW t 7ne .. - { LLP 1?ie Grawyir a fah South Stets i Downtown Plan Boundaries and Zoning Districts Image Courtesy Salt Lake City Planning Division Page 2 ADDITIONAL INFORMATION After the Planning Commission forwarded its recommendation and Planning staff was preparing the ordinance in coordination with the Attorney's Office,they identified a few changes they would like to ask the Council to consider including the final ordinance: • Design standards for the D-1 (Central Business District)zoning district.The draft ordinance includes an upper floor step back of io'for buildings between 78'-104'and 15'for buildings taller than 104'. Step backs were introduced to additional districts outside the Sugar House Business District(CSHBD)and Form Based Urban Neighborhood-2(FB-UN2)to encourage additional light and air in higher density districts. o Planning staff doesn't believe the D-1(Central Business District)warrants a step back to this degree and recommends the Council remove this requirement,given the distinct feel of the downtown core. • Clarification in the Sugar House Business District(CSHBD)and Form Based Urban Neighborhood(FB-UN)design standards.The draft ordinance includes a 15'step back for buildings in the CSHBD districts taller than 60'. o Planning staff recommends eliminating changes from the current step back requirement for buildings taller than 45'. For buildings in the CSHBD that abut single-or two-family districts Planning recommends a step back be incorporated at 30'. • Omission of requirement for buildings in the Form Based Urban Neighborhood(FB-UN)zones taller than 30'to include a 15'step back was omitted in an earlier draft ordinance. o Planning Staff corrected that omission in the current draft ordinance. • The recently adopted off-street parking ordinance is also being amended as part of this proposal due to language in the draft ordinance limiting size and location of surface parking in the Downtown(D-1,D-2,D-3, and D-4)and General Commercial(CG)zones. o Planning staff is recommending those changes be included in the draft ordinance. • Changes to the Form Based District and Design Standards chapters in City Code making standards for the FB-UN1 and FB-UN2 consistent with the proposed FB-UN3 form-based zoning district being considered by the Council. o Proposed changes to open space landscaping requirements discussed during the Council briefing for the FB-UN3 zone are included. Goal of the briefing:Review the proposed text amendments, determine if the Council supports moving forward with the proposal. POTENTIAL STRAW POLLS 1. Does the Council support Planning staffs recommendation to remove the step back requirement for buildings in the D-1(Central Business District)zone? 2. Does the Council support the current requirement of a 15'step back for buildings in the Sugar House Business District(CSHBD)that are taller than 45'? 3. Does the Council support requiring buildings in the CSHBD that abut single-or two-family zoning districts include a step back at 30'? 4. Does the Council support other changes as recommended by Planning Staff(parking,landscaping requirements,etc.)? Page 13 POLICY QUESTIONS 1. Additional height beyond what is allowed"by right"may be included through design review and would require a public benefit.The Council may wish to ask the Administration to specify what these benefits are and how they can be quantified and tracked for compliance(affordable housing for example). 2. The Council may wish to discuss minimum building heights and potential impacts they may have on developing some smaller parcels. 3. The draft ordinance includes changes to the Form Based District and Design Standards chapters of City Code that include FB-UN3 (Form Based Urban Neighborhood 3)the Council has been briefed about but has not yet adopted.These changes would make FB-UN3 zoning regulations consistent with proposed changes to the FB-UN1 and 2 zones.These include changes to open space landscaping requirements the Council discussed during the FB-UN3 briefing.The Council may wish to ask the Administration for their recommendation on how to move forward without creating any text inconsistencies. 4. The Council may wish to discuss and consider the request from UTA to amend the proposal to maximize allowable height in the GMU district to accommodate redevelopment plans proximate to a potential future UTA headquarters(see chart at the end of this staff report for a comparison of building heights proposed in different downtown zones). PUBLIC PROCESS Design Workshop, consultants for the proposal,held several stakeholder meetings with community council representatives,members of the development community,business and advocacy representatives,the Downtown Alliance, and the Disability and Accessibility Commission.Feedback from these meetings helped guide the proposal. In addition,a citywide survey gathered more than 45o responses from the broader community. Stakeholder Zoom Meetings were held with the following: • Chambers of Commerce and Development Community-November 30, 2021 • Community Council representatives-December 1,2021 • Community representatives,including members of the Disability and Accessibility Commission- December 2, 2021 • Downtown Alliance-January 19, 2022 The public survey was published on Planning's website,listserv,Instagram,Twitter, and Facebook.The survey was open for three weeks and closed February 24, 2022. Notice was mailed to property owners within the Downtown Plan area May 13, 2022. The Planning Commission was briefed on the proposal at its June 8, 2022 meeting and held a public hearing August 18, 2022 at which one person spoke expressing support.The Commission voted unanimously to forward a positive recommendation on the amendments to the City Council. The Utah Transit Authority(UTA)sent the attached letter to the Council expressing a desire for additional height in the Gateway Mixed Use(GMU)zone beyond what is in the proposal. UTA is preparing to redevelop property near the North Temple and Salt Lake Central Stations.These plans include relocating UTA's headquarters and potentially construct as many additional floors to the building as allowed by the City,and what the market will support. UTA asked to further increase allowed height or eliminate the maximum allowed height in the GMU zoning district. Page 14 Current and Proposed Building Heights Zoning District Current Proposed Existing Proposed Minimum Minimum Maximum Maximum Height Height Height Height D-1 100' 100' 375'Corner Lots None Central Business District 10o,mid-block >200 subject to conditions and design review D-2 65 65 120' 120'with conditions Downtown Support District D-3 75' 75' go' 18o'with conditions Downtown Warehouse D-4 N/A N/A 75 75' Downtown 120'-375' 120'—375' Secondary Central in permitted in permitted Business District locations locations'subject to conditions and design review GMU 45' 75' 75'flat roofs Buildings over go'up Gateway District to 18o'are subject to 200 South r Mixed-use 25 along r o oofs non-flat design review Corridor CG 6o' 75' General Commercial go'subject to (76'-150'in Granary design review District with design review.) (76'-105'outside Granary District with design review.) FBD N/A N/A 30 50' Form Based District 1-The area bounded by South Temple,West Temple,Zoo South,and 200 West Page 5 \� �1 ■■i { �:°� � I it� ■ ■. I -- I 1 04 . hd.l�, - �PI ,n BUILDING HEIGHTS & PEDESTRIAN CODES Vol Salt lake City Planning Division f= - DESIGNWORKSHOP Project Elements At r Pedestrian Orientation Human Scale Design Building Height Revise applicable regulations to reinforce an This can be done through the way in which The regulations of building height may be accessible downtown and promote clear, buildings interact with the street and human level. adjusted and will be considered with regards to comfortable, and easy accessibility to those on Development should be scaled towards humans preserving visual corridors, reflecting the distinct foot or wheelchair. An area may be considered to through building form,visual interest, first floor character of the downtown's individual districts be oriented toward the pedestrian if the sidewalks activation, fagade transparency, overhead and the realization of public benefits for height and public spaces feel safe, welcoming and free of elements, setbacks, and public access points. bonuses. barriers. 2 Planning 1. Relevant Plan 2. Existing Conditions 3. Community Input 4. Code Drafting Overview Analysis • Site Visit • Stakeholder 75%, 90%, and 95% • 2016 Downtown Plan Existin Code Meetin s drafts • MidblockWalkway g g Analysis • Visual Preference • Planning Commission Plan • Case Study Review Survey Meetings • Urban Forestry Plante Cit Council Meetin s •, 494 y g "�� total participants • Approval Input and Recommended Revisions What did we hear? How did we use the feedback? . f 1, Getting around downtown is difficult for those with a visual or 1, Created requirements for walkways that are ADA compliant mobile impairment 2. Encouraged pedestrian oriented elements 2, Large block sizes can be uncomfortable for pedestrians � 3, Required compatibility with and transitions to surrounding 3. A concern of building height is compatibility with historic i& buildings buildings 4. Increased visually interesting elements IW� 4. Survey respondents desire a diverse skyline 5, Encouraged public roof tops and usable open space 5. Respondents value public rooftops as view corridors F9 6, Decreased the percentage of reflective glass that is allowed 6. General concern over impact of glare 7. Required aesthetic and materials breaks on a building, and step 7, Large building massing can be uncomfortable at the street-level backs for buildings of certain height, Q8, Public survey indicates support for increased building heights Q 8, Increased maximum buildingheights in key areas 8 V 4 Proposed Code Language INN Clarification of the code Consolidation of text such as Create a more urban feel language to aid user- moving design elements into through modification of friendliness and give insight the design standards only requirements, including on the purpose behind setbacks and parking lots specific codes Standards added to Adjustments to emphasize Increase compatibility with incentivize public benefits for walkability, pedestrian surrounding buildings and bonus development interest, and human-scale acknowledge impacts to development adjacent districts 5 ---- ------------------ - — — y — IIAIIIAI_Iplll_IIINIII ,Iny_�ME SRI IEMPIE SQUARE ��yyryLy • } 1 W S =offim SALT PALACE DISTRICT .1� � M� � � � � I • 7,� DEPOT DISTRICT 20DS , TIN IINI•XII_IIIMIINAYNIiINIIxrI CENTRAL BUSINESS DISTRICT f � 1 • � � i ., • NM Ap1iN BROADNAY DISTRICTrig - ' NAN6WM �Vm.nnwqu i i i llllllliu i wImIN 1 F ' GRAND BOULEVARDS DISTRICT LIW = I 01 r NW soutx � --- A_�IAIV s THE GRANARY CENTRAL BTH SOUTH STATE I �O��k��71r•9� I � �`� NAXeaTM Downtown Zone Districts impacted by code changes Downtown Master Plan Project Boundary 6 Proposed Code Locations and Heig hts DistrictZen Existing Proposed Existing Proposed �- Di 100' i00' 375'corner lots None Central Business Distinct 21A.30.020 100*mid-block >100'subject to conditions and Design Review � 20= - - - i as 120' 1 conditions Downtown Support Distinct 16 i 21A.30.030 M. wainM- � I; t08 S 75' 75 90' 180 2 I Downtown Warehouse conditions # — — - d 8 21A.30.040 Epp, I _4 N/A N/A 75' 7E' U4r�fkl I .. I_ Downtown Secondary 120'.375' 120'.375' I S. Central Business District r = Llocati=sl d in permitted _ y — _ 21A.30.04516.. locations'subject I to conditions and I I Review Brand daWlards d&Ic _ ON 45' 75' 75'flat roofs Buildings over 90, Gateway District Mixed Use up to 180',are I 25'along 90'non-flat subject to Design 21A.30 200 South roofs Review 1 II I .i Corridor CID W General Commercial � � Salydt � I 21A.26.070 90'subject to 150'ia,C Design Review Distr F6D N/A N/A 30' S0 Ark Form Based District 21A.27 1.The centerlines of South Temple.West Temple,200 South,and 200 West Streets;and beginning at the SLC Zone Districts,see table at right Southeast Corner of Block 67,Plat'N Salt Lake City Survey,and runningthence along the south line of said b Block 67.N89'54'02V 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 Downtown Districts, per Downtown Plan along said east line S00'0635'W 330.14 feet to the point of beginning.Contains 102,339 square feet,or 2.349 acres.more or less. 7 Proposed Code Language in All Chapters Front Yard Setbacks Surface level Parking lot Surface level Parkin lots Midblock Walkway '� ° 0 ®® _ Design Elements Midblock Walkway Open Space — I 8 Downtown Districts ( D-1, D-2, D-3, D-4) • Eliminating the need for design review for all conditional uses allowed in the downtown districts. , an n • Limiting the location and size of surface parking lot. The surface parking lot location is limited to behind the building. By nr • Prohibiting parking lots, structures or garages as a Downt own salt Lake city _ principal use, when they result in the demolition of a , ��► ��' - building. ` P PlE 3 2 ESOUTHIELRLEST • Standards for midblock walkways, which include EMS L minimum 15' wide walkwaywith 6' unobstructed Ez°°g US E 300 S J11 pedestrian path. 400 S E 400LIE. S E 500 S E ON S �I _. a • Sidewalk standards ofa minimum of10 1 M - --I ® , � Q lll� tl� n ■ t j � ■ r 9 Downtown Districts — ( D-1) - • Introduction of a max. and of 8 . Pedestrian element9- F pP, = y r included, if a yard is provided. - r ►;m r - .:, • Eliminated the distinction between midblock and ., n:' y corner heights. • Increased by-right height to 200'. _ • Built in exceptions to the minimum height of 100'. &Now • Glass buildings taller than 100' require a step back. A view in the D-1 District _ • Buildings over 200' in height allowed through design review and require a public benefit. ® mull q NORTH TE • Midblockwalkwa affordable housingincentives W$ PlE$T E SOUTNTEYPLE Sr.y' 1 L1L' w 1 E 100$ _ restrictive covenant for historic building, 500 sq ft - E 200S'°� `0 0 E 300$f 1.S' of public open space, exceeding requirements of E4W$ � visual interest and ground floor use. E5003© � EM$ • New design standards. - ® � g M If o TWIM0 J� Li 10 Downtown Districts — ( D Introduction1 max. setback : and • provided, 1 ' pedestrian c design* Interior side and rear yard setbacks when adjacent to a less intense district >35 . @ Introduction of A view in thei existing -2 District of design standards. NORTH TE U�� 0 � i 0•2 � w Downtown Districts — ( D-3) - • Min and max setback of 8' and 16' for residential development. If provided, a pedestrian element must be _ provided. _ • New desi n standards and adjustment existing. g J - • Building height of 75' by-right. • Buildings taller than 75' height allowed through design A view in the D-3 District review and require a public benefit. Midblock walkway, affordable housing incentives, ■■ restrictive covenant for historic building, 500 sq ft of - FWAV NORTH TE LE -i - 7,:F ENOD AVE public open space, exceeding requirements of visual - Ws �_ w,a a interest and ground floor use. oILIL ! 0 ELL, H no®® —Llo T�! �o � ■i 12 Downtown Districts — ( D fronte Max 1 of : provided, pedestrian must 1 ' provided. of less than 35 . 9 Interior and rear yard of 10' when abutting a district 40 1 beyond allowed d ' 1 n '1 1 requires a public benefit. Building Height and Hill Concept e Introducing new and changes existing design L Fro NUTHIE LE _ r J � �� Til�l� vnl� s�� 1F1 ��n�ElELI ��- 13 w -� Gateway Full rewrite of this chapter. Reorganized the structure of the chapter. Includes midblock walkway standards. Introduction of max front yard setback of 10' for 30% of building fagade. e Increased height min. to 75'. Any building over 90' — A view in the GMU District 180' is allowed through the designprocess. designe Introduction of PL GMU W I �. FIL �_ IC 11[��0■�0 L - General Commercial (CG ) • Decrease of required front yard from 10' to 5'. . -- • ON I Introduction of max front yard of 10 . If provided, a i edestrian amenit is required. y- t p y I • Height and 150' throu hthedesi n ° g g design L=�1J8 review -- process for the specific boundary. J� • 400 s to 700 S f rom 300 W to I-15 • Introduction of outdoor usable space, provides Defined Depot District Height Boundaries flexibility to locate via a rooftop, plaza or midblock RIM wa I kwa W - ` NONTM TE LE .>� E 2N0 AVE • Introduction of midblock walkway standards. WS - • Introduction of design standards. :I ❑ ❑g w' _ ❑ ❑ � i • Restriction of the location and size of surface � E E parking lots. ®®L91 F F - e. PIC ® T; 1�� w■I Form Based Districts ( FB-UN1 and FB-UN2) • These amendments address many of the community art p concerns with the FB districts. • Moved design standards to 21A.37. • Open space requirements per building form. sti • Introduction of tree standards for the required open .,, space. Ilii • Introducing new design standards and adjusting existing A view in the Form_Based District _ standards. ■■ + �� L;�`� �1 r • Allowingheight encroachments for rooftop uses such as g p �.. _ � , a garden. I HDRTH TE lE a DID AVE Wg � �� ❑ W, ❑ O J 16 Design Standards • Clarifies the authority of Planning Director. • New ground floor use definition. • New amenity space definition. • Clarifying durable material requirements. • Limiting the percentage of reflective glass on developments. • Clarifying the requirement of an upper floor step back. • Introducing tree canopy coverage requirement. • Soil volume requirement. • Introducing height transitions between districts with taller height and districts with 35' or lower height allowance. • Clarifying the horizontal articulation standard. • Limiting number of curb cuts. • Overhead cover encroachments for building entrances. 17 ERIN MENDENHALL L DEPARTMENT of COMMUNITY Mayor �' �� y and NEIGHBORHOODS Q' == Blake Thomas cc Director Cl CITY COUNCIL TRANSMITTAL L,5 (Dec22,202212:08 MST) Date Received: 12/22/2022 Lisa Shaffer, Chief Administrative Officer Date sent to Council: 12/22/2022 TO: Salt Lake City Council DATE: December 22, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community&Neighborhoods OW f Z__ SUBJECT: Downtown Building Height and Street Activation Text Amendment STAFF CONTACT: Kelsey Lindquist, Planning Manager kelsey.lindquist(a�slcgov.com or 385-226-7227 DOCUMENT TYPE: Ordinance RECOMMENDATION: Adopt the Downtown Building Height and Street Activation Ordinance BUDGET IMPACT: None BACKGROUND/DISCUSSION: The Salt Lake City Planning Division was awarded a Transportation Land Use Connection Grant from the Wasatch Regional Council in 2021 to update sections of the Salt Lake City Zoning Ordinance pertaining to building heights and pedestrian engagement in the Downtown Plan area. The consultant, Design Workshop, worked with stakeholders and the city to develop a proposal that updates portions of the Zoning Ordinance as it pertains to building heights, review processes, and pedestrian spaces downtown. These code amendments aim to accommodate growth and respond to development pressures while developing standards for public spaces that improve the livability of the downtown area. Changes seek to promote future downtown growth that is safe, links land use with transportation to reduce vehicle trips, aligns building height with construction types in the building code, and encourages downtown living. 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 The city's adopted plans and policies provide a basis for this proposal. The plans include both the citywide plan, Plan Salt Lake (2015) and the Downtown Plan(2016). These plans were adopted by the City Council after extensive engagement and review by the public and city boards and commissions. The proposal is consistent with a number of principals, objectives, and policies in both plans. 1 I N TEMPLE Temple Square ! Salt Palace IN � y 1 ~ la z 100 S 1 �w 1 200 S 1— IV) 1— Depot Dbffl t s iI Gentral Business District I C 4JJ S_ GrD6"Dl I i t Grand Boulevards District 1 I C UJ The Granary Central Ninth � t Downtown Plan Boundaries and Zoning Districts The above map illustrates the number of zoning districts within the Downtown Plan Area, as well as the number of distinct neighborhoods. The following zoning districts impacted by this proposal, include: D-1 (Downtown Central Business District), D-2 (Downtown Support), D-3 (Downtown Warehouse), D-4 (Downtown Secondary Business District), G-MU (Gateway Mixed-Use), CG (General Commercial) and the FB-UN1 and 2. Additionally, the Design Standards (21A.37) and the Design Review process (21A.59) are being amended as part of this project. Summary of Proposed Amendments: Downtown Districts (D-1, D-2, D-3 & D-4) The draft introduced consistent language for all four downtown districts, and includes the following proposals within the downtown area: • Eliminating the need for design review for all conditional uses allowed in the downtown districts. • Limiting the location and size of surface parking lots to two double loaded parking aisles no more than 10 parking spaces wide. The surface parking lot location is limited to behind the building. • Prohibiting parking lots, structures, or garages as a principal use,when they result in the demolition of a building. • Standards for midblock walkways, which include a minimum 15' wide walkway with 6' unobstructed pedestrian path. These standards include the introduction of allowed encroachments into the midblock walkway. • Sidewalk standards of a minimum of 10'. D-1 (Central Business District)Amendments • Introduction of a maximum of 8' front or corner side yard. If a yard is provided, the yard must include one of the following pedestrian elements: o Seating at a ratio of one bench for every 500 square feet o Increase of 25% in the total number of trees required o Awning or similar form of weather protection that covers at least 5' in width and length from all street facing building entrances • Eliminated the distinction between block corners and midblock lots. • Changing the height threshold for design review to 200' on all properties in the zone compared to the current standard of 100' for midblock properties and 375' for corner properties. • Built in exceptions to the minimum height requirement of 100'. These exceptions include: o Utility buildings o Accessory building and structures that serve public transportation, downtown improvement districts or public maintenance o Buildings on lots less than 5,000 square feet • Glass buildings in excess of 100' must have a stepback between the first floor and 150'. • Buildings in excess of 200' are allowed through the Design Review process and require compliance with one of the identified options: o Inclusion of a midblock walkway o Inclusion of the affordable housing incentives o Exceeding the requirements for ground floor use and visual interest o Providing a restrictive covenant for a building older than 50 years and not currently listed as a local landmark site o Providing a minimum of 500 square feet of open space that is privately owned but publicly accessible • Introducing new design standards and adjusting the requirement for existing design standards. The amendments include the following: o Upper floor reflective glass limitation o Upper floor stepback o Dimensions between building entrances o Maximum blank wall limitation o Tree canopy coverage percentage requirements o Minimum vegetation standards o Street trees o Soil volume o Curb cut reduction o Overhead cover o Streetscape landscaping o Horizontal articulation D-2 Downtown Support)Amendments • Requiring a minimum setback of 8' and maximum of 16' for residential developments. If the maximum setback is provided, the development must include one of the pedestrian features listed(see the list under the first bullet for D-1). • Required interior side and rear yard setbacks when adjacent to a zone with a height limit of 35' or less. • Introducing new design standards and adjusting the requirement for existing design standards. See list in D-1. D-3 (Downtown Warehouse)Amendments • Requiring a minimum setback of 8' and maximum of 16' for residential developments. If the maximum setback is provided, the development must include one of the pedestrian features listed(see the list under the first bullet for D-1). • Building height of 75' by right. • Buildings taller than 75' to a maximum height of 180' are allowed through the Design Review process with one of the following options: o Inclusion of a midblock walkway o Inclusion of the affordable housing incentives o Exceeding the requirements for ground floor use and visual interest o Providing a restrictive covenant for a building older than 50 years and not currently listed as a local landmark site o Providing 500 square feet of open space that is privately owned but publicly accessible • Introducing new design standards and adjusting the requirement for existing design standards. See list in D-1. • Removed the limitation on non-residential uses above the second floor. D-4 Downtown Secondary Central Business District)Amendments • Introduction of a maximum front yard of 8'. If the maximum front yard is provided, one of the listed pedestrian amenities would be required. • Interior side and rear yard of 10' required when abutting a district with a maximum height of 35' or lower. • Additional height beyond 120' requires one of the identified options listed above. • Introducing new design standards and adjusting existing design standards. See list in D-1. GMU (Gateway Mixed-Use)Amendments • This draft proposes to delete the existing GMU language and replace it with the language provided. The draft eliminates the required Planned Development Application for all new development in the GMU. It also relocates the design standards for the GMU to Chapter 37, so that it is consistent with the rest of the zoning ordinance. • Similarly, to the Downtown Districts, the draft language for the GMU includes midblock walkway standards and allowed encroachments. • Introduction of a maximum front yard setback of 10' for 30% of the building fagade. If the maximum yard is provided, one of the pedestrian amenities would be required. • Increased the height minimum to 75'. Any building over 90' up to 180' is allowed through the Design Review process. • Introducing new design standards and adjusting existing required design standards. The amendments include the following: o Upper floor reflective glass limitation o Dimensions between building entrances o Maximum blank wall limitation o Tree canopy coverage percentage requirements o Minimum vegetation standards o Street trees o Soil volume o Curb cut reduction o Overhead cover o Streetscape landscaping o Horizontal articulation CG (General Commercial) Amendments • Decrease of the required 10' front yard to 5'. • Introduction of a maximum front yard of 10'. If the maximum front yard is provided, one of the pedestrian amenities would be required. See the list under the D-I heading. • Increase of the permitted height to 75' from 60'. Specific boundary for height between 75' and 150' through the Design Review process. The boundaries for this height are for properties between 400 S to 700 S from 300 W to I-15. Outside of the boundaries, 105' is the maximum height allowed through Design Review. • Introduction of outdoor usable space,which provides flexibility for locating the additional required landscaping in the midblock walkway, on the rooftop, plaza or within the required provided yard. • Introducing midblock walkway standards. The dimensional requirements and allowed encroachments are the same as the proposed language for the Downtown districts. • Restricting the location and size of surface parking lots. • Introducing the following design standards to CG within the specified boundary: o Ground floor use o Ground floor use and visual interest o Building materials o Ground floor and upper floor glass requirements o Building entrance locations o Blank wall limitations o Street facing facade limitation o Upper floor stepback FB-UN Districts (FB-UN 1 & FB-UN2)Amendments • These amendments address many of the community concerns with the form-based districts. • Moving the design standards for FB districts to Chapter 21A.37: Design Standards. • Building form regulations include specific open space requirements. • Introducing tree standards to the required open space in the district. • Allowing height encroachments for rooftop uses, such as a garden or outdoor living space with the following requirements: o The rooftop garden includes vegetation that covers 15% of the space on the roof. o Requires a 6' tall wall when abutting an FB-UN1, if the rooftop space is used for a commercial space. • Introducing new design standards and adjusting the requirement of existing design standards. The amendments include the following: o Ground floor use o Ground floor use and visual interest o Building materials for both the ground and upper floors o Ground and upper floor glass requirements o Building entrance requirements o Blank wall limitations o Street facing facade length limitations o Upper floor step back required in FBUN2 o Tree canopy coverage percentage requirements o Minimum vegetation standards o Street trees o Soil volume o Curb cut reduction o Overhead cover o Streetscape landscaping o Horizontal articulation o Height transition o Screening of mechanical equipment Design Standards Amendments • Clarifies the authority of the Planning Director when reviewing a modification to a design standard. • New"ground floor use only" definition. • New definition for"amenity space". • Clarifying durable materials requirements. • Limiting the percentage of reflective glass on new developments. • Clarifying the requirement of an upper floor step back. • Introducing tree canopy coverage requirements. • Introducing height transitions between districts with a taller height allowance and districts with a height maximum of 35' or less. • Clarifying the horizontal articulation requirements. Design Review Amendments • Clarification on the applicability of the Design Review standards. • Introduces a small threshold for some Design Review proposals to be administratively approved. • Introducing new requirements for building facades that exceed 200' in length. • Clarification on the roof and cornice design review standard. As anticipated, this project will amend section 21A.44.060 of the recently adopted Off-Street Parking Ordinance. The proposed amendments to this chapter are included in this transmittal. The Planning Commission was briefed on the amendments on June 8, 2022. The Planning Commission provided input and comments to staff. Subsequently, the Planning Commission provided a positive recommendation on the proposed amendments on August 24, 2022. Part of the discussion during the August hearing included comments about the graphics. In response, the consultant adjusted the graphics, which are included in the exhibits of this transmittal. CHANGES TO OFF-STREET PARKING ORDINANCE The recently adopted Off-Street Parking Ordinance will need to be amended as part of this project. This is due to the incorporation of language that limits the size and location of surface parking in the D-1, D-2, D-3, D-4, and CG zoning districts. The amended off-street parking ordinance, specifically section 21A.44.060, is included in the ordinance for this transmittal. FB-UN3 INCLUSION The City Council is considering the adoption of the FB-UN3 zone. Due to the potential adoption of this district, staff has added in changes to the Form Based District Chapter and the Design Standards Chapter to make the FB-UN3 zone regulations consistent with the proposed changes to the FB-UN1 and 2 zones. These include changes to open space landscaping requirements that the Council discussed at a work session regarding the FB-UN3 zone. CONSIDERATIONS FOR CITY COUNCIL Since the positive recommendation from Planning Commission, Planning staff identified potential issues with the proposed Design Standards for the D-1 zoning district. The recommended ordinance includes an upper floor step back requirement of 10' for buildings between 78'-104' and 15' for buildings above 104' in height. Step backs were introduced to additional districts outside of the CSHBD and FB-UN2 zoning districts. The goal of the step back was to encourage additional light and air in higher density districts. Staff doesn't believe that the D-1 (Central Business District) warrants a step back to this degree. Staff recommends that the City Council remove this requirement. Staff identified an error to the CSHBD and the FB-UN design standards. The recommended ordinance required all development in the CSHBD districts to incorporate a 15' step back for buildings above 60' in height. Staff believes that this language is in error and should be reversed to eliminate any amendments to the step backs in the CSHBD districts. All development in the CSHBD districts should incorporate a step back for buildings above 45' in height. For buildings that abut single or two-family districts, a step back shall be incorporated at 30'. Additionally, development above 30' in height in the FB-UN districts required a 15' stepback. This was mistakenly omitted from the draft ordinance. All development above 30' in the FBUN districts should incorporate a 15' stepback. The current ordinance reflects these corrections. Additionally, staff found the proposed ground floor use language limiting to strictly residential buildings in specific zoning districts. The language was also confusing and could be difficult to administer. Staff adjusted the language to address these concerns and the attached ordinance reflects this change. Additional alterations include the removal of the dash(-) in the design standard tables for each zoning district. Staff removed the dash and replaced it with a blank for standards that do not apply to specific districts. This change was made for the ease of future amendments. PUBLIC PROCESS: The consultants, Design Workshop, hosted several stakeholder meetings with community council representatives, members of the development community, business and advocacy representatives, Downtown Alliance, as well as the Disability and Accessibility Commission. The stakeholder groups provided vital direction and feedback on where additional building height could be achieved and tolerated, current experience of the downtown area, as well as known issues within applying the existing development regulations. Additionally, a citywide survey was provided to the broader community, in which 456 individuals responded. Stakeholder Meetings: Held as Zoom meetings and attendees participated via Mentimeter. Chambers of Commerce and Development Community—November 30, 2021 Community Council Representatives—December 1, 2021 Community Representatives, including members of the DAAC—December 2, 2021 Downtown Alliance—January 19, 2022 Public Survey: Published on Planning's website and published via the list serve, Instagram, Twitter and Facebook. The survey was open for 3 weeks and closed on February 24, 2022. Downtown Building Height Website Public Notification: Mailed notification to property owners within the downtown plan area was provided on May 13, 2022. The noticed provided contact information for staff, as well as how to find current drafts of the amendments. Planning Commission Briefing: Planning Commission held a briefing on these amendments on June 8, 2022. PC Briefing Memo Planning Commission Public Hearing: The Planning Commission held a public hearing on the text amendments on August 18, 2022. The Planning Commission provided a positive recommendation to City Council on the proposed amendments. Planning Commission Staff Report Planning Commission (PC) Records: a) PC Agenda for June 8, 2022 (Click to Access) b) PC Minutes for June 8, 2022 (Click to Access) c) PC Staff Report for June 8, 2022 (Click to Access) d) PC Agenda of August 24, 2022 (Click to Access) e) PC Staff Report of August 24, 2022 (Click to Access Report) f) PC Minutes for August 24, 2022 (Click to Access) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3) Original Petition 4) Proposed Graphic Changes 5) Public Comment Received after Planning Commission Staff Report was Published SALT LAKE CITY ORDINANCE No. of 2023 (Amending the zoning text of various sections of Title 2 1 A of the Salt Lake City Code pertaining to building heights in the Downtown Plan area) An ordinance amending the text of various sections of Title 2 1 A of the Salt Lake City Code pertaining to building heights in the Downtown Plan area pursuant to Petition No. PLNPCM2022-00529. WHEREAS, on August 24, 2022, the Salt Lake City Planning Commission ("Planning Commission") held a public hearing on a petition submitted by Salt Lake City Mayor, Erin Mendenhall--at the request of the Salt Lake City Council--to amend land use regulations pertaining to building heights in the Downtown Plan area(Petition No. PLNPCM2022-00529); and WHEREAS, at its August 24, 2022 meeting, the planning commission voted in favor of forwarding 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: SECTION 1. Amending the Text of Section 21A.26.070. That Section 21A.26.070 of the Salt Lake City Code(Zoning: Commercial Districts: CG General Commercial District), shall be and hereby is amended to read as follows: 21A.26.070: CG GENERAL COMMERCIAL DISTRICT: A. Purpose Statement: The purpose of the CG General Commercial District is to provide an environment for a variety of commercial uses, some of which involve the outdoor display/storage of merchandise or materials. This district provides economic development I opportunities through a mix of land uses, including retail sales and services, entertainment, office, residential, heavy commercial and low intensities of manufacturing and warehouse uses. This district is appropriate in locations where supported by applicable master plans and along major arterials. Safe, convenient and inviting connections that provide access to businesses from public sidewalks, bike paths and streets are necessary. Access should follow a hierarchy that places the pedestrian first, bicycle second and automobile third. The standards are intended to create a safe and aesthetically pleasing commercial environment for all users. B. Uses: Uses in the CG General Commercial District as specified in Section 21A.33.030, "Table of Permitted and Conditional Uses for Commercial Districts", of this title are permitted subject to the general provisions set forth in Section 21A.26.010 and this section. C. Minimum Lot Size: 1. Minimum Lot Area: 10,000 square feet. 2. Minimum Lot Width: 60'. 3. Existing Lots: Lots legally existing prior to April 12, 1995, shall be considered legal conforming lots. D. Minimum Yard Requirements: 1. Front Yard: Five feet. 2. Corner Side Yard: 10'. 3. Interior Side Yard: None required. 4. Rear Yard: 10'. 5. Buffer Yard: All lots abutting residential property shall conform to the buffer yard requirements of Chapter 21A.48 of this title. 6. 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. E. Maximum Yard: The maximum yard requirement is 10'. 1. If provided, the yard must include one of the following elements: a. Seating at a ratio of at least one bench for every 500 square feet of yard space; or b. Landscaping that includes an increase of at least 25% in the total number of trees required to be planted on the site; or c. Awning or a similar form of weather protection that covers at least five feet in width and length from all street-facing building entrances. 2 2. Regardless of the setback provided, doors shall be setback a minimum distance to allow the door to operate without swinging into a right of way or midblock walkway. 3. All provided front or corner side yards must contain a tree every 30'. 4. The planning director, in consultation with the transportation director, may modify this requirement to accommodate a wider sidewalk if the adjacent public sidewalk is less than 15' wide 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 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, or b. The addition reduces the extent of the noncompliance of the existing building. 5. Exceptions to this subsection may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. F. Landscape Yard Requirements: A landscape yard of five feet shall be required on all front or corner side yards, conforming to the requirements of Section 21A.48.090 of this title. G. Maximum Height: No building shall exceed 75' unless the property is within the following boundary: from 400 South to 700 South from 300 West to I-15, where buildings shall not exceed 150'. Additionally, buildings taller than 75' to a maximum of 105' outside of the described boundary may be allowed in accordance with the provisions of Subsections G.1 through G.3 of this section. Illustration of Regulation 21A.26.070.G Maximum Height 3 + :-:In[lulile:emleul[ulnunrn311111dLWui r. 1 No building shall exceed 75' unless it is within the identified boundaries. 2 Buildings that are outside of the identified boundary higher than 75' may be allowed in accordance with the provisions of Subsections G.1 through G.3 of this section. 1. Procedure For Modification: A modification to the height regulations, in this Subsection G may be granted through the design review process in conformance with the provisions of Chapter 21A.59 of this title. In evaluating an application submitted pursuant to this section, the planning commission or in the case of an administrative approval the planning director or designee, shall find that the increased height will result in improved site layout and amenities. 2. Outdoor Usable Space: If additional height is approved, the site shall include outdoor usable space for the building occupants that is equal to at least 10% of the gross floor area of the additional floors. The outdoor usable area may be located within a wider park strip that extends further into the right of way than the current park strip, in midblock walkways that include a public access easement, in rooftop gardens, plazas, or in a provided yard that exceeds the minimum yard requirement. The outdoor usable space shall include a minimum dimension of at least 10' by 10'. 3. Maximum Additional Height for Properties Outside of Boundary Identified in Subsection G: Additional height shall be limited to 30'subject to the provisions in Subsection G.2 for a maximum height of 105'. 4 H. Midblock Walkways: As part of the city's plan for the downtown area, it is intended that midblock walkways be provided to facilitate pedestrian movement within the area. The city has adopted the Downtown Plan that includes a midblock walkway map and establishes a need for such walkways as the Downtown area grows. Because the districts within the downtown area allow building heights that exceed those of other districts in the city, the requirement for a midblock walkway is considered to be necessary to alleviate pedestrian impacts on the public sidewalks by dispersing future use of the public sidewalks. This requirement implements the city's Downtown Plan and provides visual relief from the additional height that is available in these zone districts when compared to the remainder of the city. All buildings constructed after the effective date hereof within the Downtown zoning districts shall conform to this officially adopted plan for midblock walkways, in addition to the following standards: 1. 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. 2. The following standards apply to the midblock walkway: a. The midblock walkway must be a minimum of 15' wide and include a minimum 6' wide unobstructed path. b. 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. c. Building encroachments into the midblock walkway are permitted if they include one or more of the following elements: (1) Colonnades; (2) Staircases; (3) Balconies—All balconies must be located at the third story or above; (4) Building overhangs and associated cantilever- These coverings may be between 9' and 14' above the level of the sidewalk. They shall provide a minimum depth of coverage of six feet and project no closer to the curb than three feet; (5) Skybridge—A single skybridge is permitted. All skybridges must be located at the third, fourth, or fifth stories; and (6) Other architectural element(s) not listed above that offers refuge from weather and/or provide publicly accessible usable space. Illustration of Regulation 21A.26.070.1-1 Midblock Walkways 5 LE 1 The midblock walkway must be a minimum of 15' wide and include a minimum 6' wide unobstructed path. I. Restrictions on Parking Lots and Structures: An excessive amount of at or above ground parking lots and structures can negatively impact the urban design objectives of the General Commercial (CG) District. To control such impacts, the following regulations shall apply to parking facilities that are at or above ground: I. Parking shall be located behind principal buildings or incorporated into the principal building provided the parking is wrapped on street facing facades with a use allowed in the zone other than parking. 2. Parking lots not wholly behind the principal building are limited to no more than two double-loaded parking aisles (bays) adjacent to each other. The length of a parking lot shall not exceed 10 stalls. 3. No special restrictions shall apply to belowground parking facilities. 4. Parking structures shall conform to the requirements set forth in Chapter 21A.37 of this title. 5. All parking lot and structure landscaping must comply with the provisions set forth in Chapter 21A.48 of this title. SECTION 2. Amending the Text of Section 21A.27.020. That Section 21A.27.020 of the Salt Lake City Code(Zoning: Form Based Districts: Building Types and Forms Established), shall be and hereby is amended to read as follows: 6 21A.27.020: BUILDING TYPES AND FORMS ESTABLISHED: A. Building Types and Form Standards: 1. Encourage building forms that are compatible with the neighborhood and the future vision for the neighborhood by acknowledging the current scale of the area and it's architectural and material elements. These elements within new development shall compliment those of the existing buildings; 2. Arrange building heights and scale to provide appropriate transitions between buildings of different scales and adjacent areas, especially between different subdistricts; 3. Guide building orientation through setbacks and other requirements to create a consistent street edge, enhance walkability by addressing the relationship between public and private spaces, and ensure architectural design will contribute to the character of the neighborhood; 4. Use building form, placement, and orientation to identify the private, semiprivate, and public spaces; 5. Minimize the visual impact of parking areas; and 6. Minimize conflicts between pedestrians, bicyclists, and vehicles. B. Building Types and Forms: 1. Description: The permitted building forms are described in this subsection. Each building form includes a general description and definition, as well as images of what the building form may look like. Building form images are for informational purposes only and not intended to demonstrate exactly what shall be built. The description and images should be used to classify existing and proposed buildings in order to determine what development regulations apply. The drawings are not to scale. They should not be used to dictate a specific architectural style as both traditional and contemporary styles can be used. a. Urban House: A residential structure with the approximate scale of a single dwelling unit, as viewed from the street, but may contain up to two dwelling units. The structure has a single entry facing the street, a front porch or stoop, and a small front yard. Second units may be arranged vertically(up and down) or horizontally(front and back),but the entry to the second unit is from the side, rear, or interior of structure. A third unit may also be located along an alley as a stand alone unit or as a dwelling unit located in an accessory building. All units are on a single lot. 7 ;M1M1Vf :222 Ji } 2 Urban House With Detached Dwelling I''. `' N4acdern And Tradkional Forms 8 ; . ,,+�,,r�t . 4 fit. C • . -.^f.. . Two-Story Contemporary Form b. Two-Family Dwelling: A residential structure that contains two dwelling units in a single building. The units may be arranged side by side,up and down, or front and back. Each unit has its own separate entry directly to the outside. Dwellings may be located on separate lots or grouped on one lot. A third unit may also be located along an alley as a stand alone unit or as a dwelling unit located in an accessory building, but may not be located on a separate lot. t �v Two-Family Dwelling With Garages 9 : \ ■ �// f G� �x -® - \ Traditional Tw FamgyDw O ng Ow dr § � �7 /■\ Modem Two-Family Dwelling c Cottage Development: A unified development th kcontains two or moodetached dwelling units with each unit appearing to 6c a small single-family dwelling with 10 a common green or open space area. Dwellings may be located on separate lots or grouped on one lot. d. Additional Development Standards for Cottage Building Forms: (1) Setbacks Between Individual Cottages: All cottages shall have a minimum setback of eight feet from another cottage. (2) Footprint: No cottage shall have a footprint in excess of 850 square feet. (3) Building Entrance: All building entrances shall face a public street or a common open space area. (4) Open Space Area: A minimum of 250 square feet of common, open space area is required per cottage. At least 50% of the open space area shall be contiguous and include landscaping,walkways or other amenities intended to serve the residents of the development. 11 l • may:- Cottage Development On Single Parcel ± f'L� v •-ti ;n Jl-,I :; ti 'J Cottage Development e. Row House: A series of attached single-family dwellings that share at least one common wall with an adjacent dwelling unit. A row house contains a minimum of three residential dwelling units. Each unit may be on its own lot. If possible, off street parking is accessed from an alley. 12 ,.may c . w Row House On Single Parcel 13 a .r� Modern Roe v HOUSC �orrn Tradi#fonal Rove House Form f. Multi-Family Residential: A multi-family residential structure containing three or more dwelling units that may be arranged in a number of configurations. 14 .� .•N,W.;�. ,:, Uzi.. ?;�s�?Y,.;v+M1+ � %��' ' �a. rye:•. „ . gg Multi-Family Residential Form 15 I ka Multi-Family P-,-j-t r I r, r77 Multi-Family Traditional Fcrm g. Storefront: A commercial structure that may have multiple stories and contain a variety of commercial uses that are allowed in the district that permits this building type. All buildings, regardless of the specific use, have a ground floor that looks like a storefront. 16 � StmefmmFo nin ------. . . ... & V � A« t � C&ntemporary Sbmlmm 17 i 4. k 'i . q Traditional S tore front h. Vertical Mixed Use: A multi-story building that contains a mix of commercial and/or office with residential uses. 18 w Vertical Mid Use Multi-Story Form modem Materia!15 19 . v vM !a• rr Traditional Materials C. Building Form Standards: 1. The provisions of this section shall apply to all properties located within the Form Based Districts as indicated on the maps in each Form Based District. 2. Building form and street type standards apply to all new buildings and additions when the new construction related to the addition is greater than 25% of the footprint of the structure or 1,000 square feet, whichever is less. Refer to Section 21A.27.030 of this chapter on the building configuration standards for more information on how to comply with the standards. The graphics included provide a visual representation of the standards as a guide and are not meant to supersede the standards in the tables. Only building forms identified in the table are permitted. SECTION 3. Amending the Text of Section 21A.27.030. That Section 21A.27.030 of the Salt Lake City Code(Zoning: Form Based Districts: Building Configuration and Design Standards), shall be and hereby is amended to read as follows: 21A.27.030: BUILDING CONFIGURATION AND DESIGN STANDARDS: A. Specific Intent of Configuration and Design Standards: 1. Design Related Standards: The design related standards are intended to do the following: 20 a. Implement applicable master plans; b. Continue the existing physical character of residential streets while allowing an increase in building scale along arterials and near transit stations; c. Focus development and future growth in the city along arterials and near transit stations; d. Arrange buildings so they are oriented toward the street in a manner that promotes pedestrian activity, safety, and community; e. Provide human scaled buildings that emphasize design and placement of the main entrance/exit on street facing facades; f. Provide connections to transit through public walkways; g. Provide areas for appropriate land uses that encourage use of public transit and are compatible with the neighborhood; h. Promote pedestrian and bicycle amenities near transit facilities to maximize alternative forms of transportation; and i. Rehabilitate and reuse existing residential structures in the Form Based Zoning Districts when possible to efficiently use infrastructure and natural resources, and preserve neighborhood character. B. Building Entry: Refer to the building entrance standards in Subsection 21 A.37.050.D of this title. 1. Entry Feature: The following building entries are permitted as indicated: TABLE 21A.27.030.B ENTRY FEATURE STANDARDS Entry Feature Urban Cottage Two- Row Multi- Storefront Vertical Permitted Based House Development Family House Family Mixed on Building Dwelling Use Form Type Porch and fence: P P P P P P A planted front yard where the street facing building facade is set back from the front property line with an attached porch that is 21 permitted to encroach into the required yard. The porch shall be a minimum of 6' in depth. The front yard may include a fence no taller than 3' in height Reference Illustration - Porch and Fence Heierer!ce Illustration - Porch And Fence Entry Feature Urban Cottage Two- Row Multi- Storefront Vertical Permitted House Development Family House Family Mixed Based on Dwelling Use Building Form Type Terrace or P P P P P P P lightwell: An entry feature where the street facing facade is set back from the front property line by an elevated 22 terrace or sunken lightwell. May include a canopy or roof Reference Illustration- Terrace or Lightwell Reference Illustration -Terrace Or Lightwell i - I i Entry Feature Urban Cottage Two- Row Multi- Storefront Vertical Permitted Based House Development Family House Family Mixed on Building Dwelling Use Form Type Forecourt: An P P P P P P P entry feature wherein a portion of the street facing facade is close to the property line and the central portion is set back. The court created must be landscaped, contain outdoor plazas, outdoor dining areas, 23 private yards, or other similar features that encourage use and seating Reference Illustration-Forecourt I Entry Feature Urban Cottage Two- Row Multi- Storefront Vertical Permitted Based House Development Family House Family Mixed on Building Form Dwelling Use Type Stoop: An entry P P P P P P P feature wherein the street facing facade is close to the front property line and the first story is elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance contains an exterior stair and landing that is either parallel or 24 perpendicular to the street. Recommended for ground floor residential uses Reference Illustration- Stoop Reference Illustration • Stoop 1ryw.' v Y .lilt . Entry Feature Urban Cottage Two- Row Multi- Storefront Vertical Permitted Based House Development Family House Family Mixed on Building Dwelling Use Form Type Shopfront: An P P P P entry feature where the street facing facade is close to the property line and building entrance is at sidewalk grade. Building entry is covered with an awning, canopy, or is recessed from the front building facade, which defines the entry and 25 provides protection for customers Reference Illustration- Shopfront f{[ fi"on.-r Illn;!r:7h-,n � li:;tr:;nt I ' - i Entry Feature Urban Cottage Two- Row Multi- Storefront Vertical Permitted Based House Development Family House Family Mixed on Building Dwelling Use Form Type Gallery: A P P P building entry where the ground floor is no more than 10' from the front property line and the upper levels or roofline cantilevers from the ground floor facade up to the front property line Reference Illustration- Gallery 26 fi tr ti M 1 S C. Additional Design Standards Required for Form Based Districts: I. Open Space Area: A minimum of 10% of the lot area shall be provided for open space area, unless a different requirement is specified in the building form regulation. Individual districts may require additional open space area requirements. Open space area may include landscaped yards,patio, dining areas, common balconies, rooftop gardens, and other similar outdoor living spaces. Private balconies shall not be counted toward the minimum open space area requirement. Required parking lot landscaping or perimeter parking lot landscaping shall also not count toward the minimum open space area requirement. a. At least one open space area shall include a minimum dimension of at least 15' by 15'. b. Open space areas that are greater than 500 square feet must contain at least one useable element, accessible to all building occupants, from the following list. i. A bench for every 250 square feet of open space area; ii. A table for outdoor eating for every 500 square feet of open space area; iii. An outdoor amenity. This is defined as an amenity that intends to provide outdoor recreation and leisure opportunities including,but not limited to, walking paths,playgrounds, seating areas, gardens, sport court or similar amenity intended to promote outdoor activity; iv. Trees with a minimum spread of 20' at mature height to shade a minimum of 33% of the open space area; and/or v. landscaping that equals at least 33% of the landscaped area. 27 UR M I Hu stration Of Building Fenestration 2. Residential Balconies: All street facing residential units above the ground floor or level shall contain a usable balcony facing the street that is a minimum of four feet in depth. Balconies may overhang any required yard. 3. Design Standards Alternatives: a. Alternatives to Required Build-To Line: Where a"required build-to" standard applies, the following alternatives may count toward the minimum build-to requirement as indicated: (1) Landscaping Walls: Landscaping walls between 24" and 42"high may count up to 25% toward the minimum requirement provided the following: (A)The wall incorporates seating areas. (B)The wall is constructed of masonry, concrete, stone or ornamental metal. (C)The wall maintains clear view sightlines where sidewalks and pedestrian connections intersect vehicle drive aisles or streets. (2) Pergolas and Trellises: Pergolas and trellises may count up to 25% toward the minimum build-to requirement provided the following: (A)The structure is at least 48" deep as measured perpendicular to the property line. (B)A vertical clearance of at least eight feet is maintained above the walking path of pedestrians. (C)Vertical supports are constructed of wood, stone, concrete or metal with a minimum of six inches by six inches or a radius of at least four inches. 28 (D)The structure maintains clear view sightlines where sidewalks and pedestrian connections intersect vehicle drive aisles or streets. (3) Arcades: Arcades may count up to 100%toward the minimum requirement provided the following: (A)The arcade extends no more than two stories in height. (B)No portion of the arcade structure encroaches onto public property. (C)The arcade maintains a minimum pedestrian walkway of five feet. (D)The interior wall of the arcade complies with the building configuration standards. (4) Plazas and Outdoor Dining: Plazas and outdoor dining areas may count up to 50% toward the minimum requirement, and have a maximum front setback of up to 15' provided the following: (A)The plaza or outdoor dining is between the property line adjacent to the street and the street facing building facade. (B)Shall be within two feet of grade with the public sidewalk. (C)The building entry shall be clearly visible through the courtyard or plaza. (D)The building facades along the courtyard or plaza shall comply with the ground floor transparency requirement. b. Alternatives to Ground Floor Transparency Requirement: The planning director may modify the ground floor transparency requirement in the following instances: (1) The requirement would negatively impact the historical character of a building within the H Historic Preservation Overlay District; or (2) The requirement conflicts with the structural integrity of the building and the structure would comply with the standard to the extent possible. 4. Permitted Encroachments and Height Exceptions: Obstructions and height exceptions are permitted as listed in this section or in Section 21A.36.020 of this title or as indicated in this subsection. a. Building Height: In order to promote a varied skyline and other roof shapes in the area, structures with a sloped roof may exceed the maximum building height in the form based districts by five feet provided: (1) The additional height does not include additional living space. Vaulted ceilings, storage spaces, and utility spaces are permitted. 29 (2) The slope of the roof is a minimum of a twelve-four pitch or a quarter barrel shape. 12-4 Ratio Minimum Slope Of Pitched Roof kv.. :- in. . .. .. N'e�222b�.'-°.� ::2+b$$$:M1::'.:: v .'. Minimum Slope Of Oueer Barrel Roof b. Roof Top Gardens: Building height encroachments for rooftop uses are permitted to encroach up to 6 feet to accommodate rooftop gardens and/or outdoor living space provided: (1) The rooftop garden includes vegetation that covers a minimum of 15% of the outdoor living space on the roof. The vegetation coverage shall be calculated by utilizing the spread of any trees, shrubs, or ground cover at maturity. (2) If the rooftop is used for non-residential land uses allowed in the zone and located adjacent to the FB-UN1 Form Based Urban Neighborhood District, single-family district, or two-family district, a six foot wall shall be installed along the entire length of the outdoor space facing such zones. 30 5. Pedestrian Connections: Where required, the following pedestrian connection standards apply: a. The connection shall provide direct access from any building entry to the public sidewalk or walkway. b. The connection shall comply with the Americans With Disabilities Act(ADA) standards for accessibility. c. The connection shall be fully paved and have a minimum width of four feet(4'). d. The connection shall be separated from vehicle drive approaches and drive lanes by a change in grade and a wheel stop if the walkway is less than eight feet (8') wide. e. Pedestrian connections that lead directly from the sidewalk to the primary building entrance may contain wing walls, no taller than two feet(2') in height for seating, landscaping, etc. D. Other Applicable Development Standards: All uses in the form based districts shall comply with the standards set in Part IV, Regulations of General Applicability, of this title, including the appliable standards in the following chapters: 1. 21A.33 Land Use Tables 2. 21A.36 General Provisions 3. 21A.37 Design Standards 4. 21A.38 Nonconforming Uses and Noncomplying Structures 5. 21A.40 Accessory Uses,Buildings, and Structures 6. 21A.42 Temporary Uses 7. 21A.44 Off Street Parking, Mobility, and Loading 8. 21A.46 Signs 9. 21A.48 Landscaping and Buffers 10. Any other applicable chapter of this title that may include applicable provisions. E. Form Based Special Purpose Corridor District specific standards for detached or accessory parking garages or structures: 1. Detached or accessory multilevel parking garages or structures shall have the same setback requirements for principal structures. 2. When a required setback abuts a residential district, the minimum setback required shall be a landscape yard to provide a buffer to the abutting residential district.No structure (primary or accessory) shall be permitted within this landscaped buffer. 31 SECTION 4. Amending the Text of Subsection 21A.27.050.C. That Subsection 21A.27.050.0 of the Salt Lake City Code (Zoning: Form Based Districts: FB-UN1 and FB-UN2 Form Based Urban Neighborhood District: FB-UN2 Building Form Standards), shall be and hereby is amended to read as follows: C. FB-UN2 Building Form Standards: Building form standards are listed in Tables 21A.27.050.C.1 through 21A.27.050.C.3 of this section. 1. Cottage Development Form Standards: TABLE 21A.27.050.C.1 MEMENErRegulation for Building Form: e Development H Height 30' maximum. All heights measured from the established grade. F Front and Minimum 10'. Provided front or corner side yard shall provide one tree Corner Side for every 30 linear foot of front or corner side yard property line. The Yard mature tree canopy must cover at least 50% of the required yard area Setback and sidewalk area. S Interior Side Minimum of 6'. Yard R Rear Yard Minimum of 20' between cottage building form and rear property line. SC Separation Minimum of 10', measured from the outside perimeter wall of the between principal structure. Cottages Entry Each dwelling unit must include an allowed entry feature. See Table E Feature 21A.27.030.B for allowed entry features. Dwelling units adjacent to a street must include an entry feature on the street facing fagade. Pedestrian connections with minimum of 5' width required to each required entry feature. dLW OS Open space At least 25% of the total land area of the cottage development shall be Area maintained as an open space area that complies with the requirements of Subsection 21A.27.030.C.1 "Open Space Area." 32 BF Building Multiple buildings may be built on a single lot. Individual lots without forms per street frontage may be created provided each lot has legally established lot access to a public street that includes a minimum 5' wide solid surface walkway. SO Side/Interior Dwelling units not located directly adjacent to a street are permitted, Orientation provided the design standards for glass are complied with on the fagade with the required entry feature. L Lots without Lots for individual cottage units without public street frontage are Street allowed subject to recording a final subdivision plat that: Frontage 1. Documents that new lots have adequate access for pedestrians and vehicles to a public street by way of a minimum 5' wide solid surface walkway, easements or a shared driveway; and 2. Includes a disclosure of private infrastructure costs for any shared infrastructure associated with the new lot(s). The requirements for the disclosure of private infrastructure costs shall be the same as required for planned developments per Section 21A.55.110 of this title. MW Midblock As part of the city's plan for the downtown area, it is intended that Walkway midblock walkways be provided to increase pedestrian connectivity and overall livability downtown through the creation of an intricate pedestrian network. The city has adopted the Downtown Plan that includes a midblock walkway map and establishes the need for such walkways as the Downtown grows. Because the districts within the downtown area allow building heights that exceed those of other districts in the city, the requirement for a midblock walkway is considered to be necessary to alleviate pedestrian impacts on the public sidewalks by dispersing future use of the public sidewalks. All buildings constructed after the effective date hereof within this district shall conform to this officially adopted plan for midblock walkways, in addition to the following standards: F. The midblock walkway must be a minimum of 15' wide and include a minimum 6' wide unobstructed path. G. 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. Building encroachments into the midblock walkway are permitted if they include one or more of the following elements: (1) Colonnades; (2) Staircases; (3) Balconies—All balconies must be located at the third story or above. 33 (4) Building overhangs and associated cantilever—These coverings may be between 9 and 14 feet above the level of the sidewalk. They shall provide a minimum depth of coverage of 6' and project no closer to the curb than 3'. (5) Skybridge—A single skybridge is permitted. All skybridges must be located at the 3ra, 4ch, or 5th stories. (6) Other architectural element(s) not listed above that offers refuge from weather and/or provide publicly accessible usable space. DS Design See Section 21A.27.030 and Chapter 21A.37 for other applicable Standards building configuration and design standards. 2. Row House Building Form Standards: TABLE 21A.27.050.C.2 34 Building Regulation for Building Form: Regulation Row House H Height Maximum of 40'; All heights measured from established grade. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. The height of the railing/parapet is limited to the height required to meet building code requirements. F Front and Minimum 10' and maximum 15', unless a greater setback is required Corner Side due to existing utility easements in which case the maximum setback Yard shall be at the edge of the easement. This requirement may be modified Setback through Design Review(Chapter 21A.59). Provided front or corner side yard shall provide one tree for every 30 linear foot of front or corner side yard property line. The mature tree canopy must cover at least 50% of the required yard area and sidewalk area. S Interior Side Minimum of 6' between row house building form and side property Yard line. Minimum of 10' along a side property line when abutting a property in a zoning district with a maximum permitted building height of 35' or less. No setback is required for common walls. R Rear Yard Minimum of 20' between row house building form and rear property line, except when rear yard is abutting a zoning district with a maximum permitted building height of 35' or less, then the minimum is 25'. For the purpose of this regulation, an alley that is a minimum of 10' in width that separates the subject property from another property shall be counted towards the minimum setback. U Uses Per Residential on all stories; live/work units permitted on ground level. Story Ida Entry Each dwelling unit must include an allowed entry feature. See Table E Feature 21A.27.030.13 for allowed entry features. Dwelling units adjacent to a street must include an entry feature on street facing facade. Pedestrian connections with minimum 5' width required to each required entry feature. U Upper level When adjacent to a lot in a zoning district with a maximum building Stepback height of 35' or less, the first full floor of the building above 30', measured from finished grade, shall stepback 10' from the building facade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. 35 OS Open space Each dwelling unit shall include a minimum open space area that is Area equal to at least 25% of the footprint of the individual unit, subject to all other open space area requirements of Subsection 21A.27.030.C.I "Open Space Area." A minimum of 20% of the required open space area shall include vegetation. Tree canopy at maturity shall count toward the vegetation requirement, BF Building Multiple buildings may be built on a single lot provided all of the Forms per buildings have frontage on a street. All buildings shall comply with all Lot applicable standards. SO Side/Interior Dwelling units not located directly adjacent to a street are permitted, Orientation provided the design standards for glass are complied with on the fagade with the required entry feature. Lots for individual row house dwelling units without public street frontage are allowed subject to recording a final subdivision plat that: 1. Documents that new lots have adequate access to a public street by way of easements or a shared driveway; and 2. Includes a disclosure of private infrastructure costs for any shared infrastructure associated with the new lot(s) per Section 21A.55.110 of this title. MW Midblock As part of the city's plan for the downtown area, it is intended that Walkway midblock walkways be provided to facilitate pedestrian movement within the area. The city has adopted the Downtown Plan that includes a midblock walkway map and establishes a need for such walkways as the Downtown grows. Because the districts within the downtown area allow maximum building heights that exceeds those of other districts in the city, the requirement for the midblock walkway is important to maintain the overall scale and pedestrian nature of the downtown. This requirement implements the city's Downtown Plan and provides visual relief from the additional height that is available in these zone districts when compared to the remainder of the city. All buildings constructed after the effective date hereof within the Downtown zoning districts shall conform to this officially adopted plan for midblock walkways, in addition to the following standards: a. 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. b. 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. The following building encroachments are permitted in a midblock walkway. Under no circumstances shall a midblock walkway be entirely covered. 36 (1) Colonnades; (2) Staircases; (3) Balconies: All balconies must be located at the third story or above; (4) Building overhangs and associated cantilever: These coverings may be between nine and fourteen feet above the level of the sidewalk. They shall provide a minimum depth of coverage of six feet and project no closer to the curb than three feet; (5) Skybridge: A single skybridge is permitted. All skybridges must be located at the third, fourth, or fifth stories; and (6) Other architectural element(s) not listed above that offers refuge from weather and/or provide publicly accessible usable space. DS Design See Section 21A.27.030 and Chapter 21A.37 for other applicable Standards building configuration and design standards. 3. Multi-family Residential, Storefront, and Vertical Mixed-use building form standards: TABLE 21A.27.050.C.3 Building Regulation for Building Forms: Regulation Multi-family Residential/Storefront/Vertical Mixed Use H Height Maximum height of 50'.1 All heights measured from established grade. Rooftop use is permitted and required railings and walls necessary to comply with building code requirements are permitted to encroach beyond the maximum height up to 5'. GH Ground Minimum ground floor height of 14'. Floor Height F Front and Ground Floor Residential Uses: A minimum of 10' and a maximum of Corner 20'. Ground Floor occupied by retail, restaurants,taverns, brewpubs, bar Side Yard establishments, art galleries, theaters, or performing art facilities: no Setback minimum is required, provided no doors open into the right of way. A maximum setback of up to 10' is allowed. All other ground floor uses: A minimum of 5' and a maximum 10'. The maximum may be increased due to existing utility easements in which case the maximum setback shall be at the edge of the easement. 37 This requirement may be modified through Design Review process (Chapter 21A.59). Provided front or corner side yard shall provide one tree for every 30 linear foot of front or corner side yard property line. The mature tree canopy must cover at least 50% of the required yard area and sidewalk area. S Interior Minimum of 6' required, except when an interior side yard is abutting a Side Yard property in a zoning district with a maximum permitted building height of 35' or less, then the minimum shall be 15'. For the purpose of this regulation, an alley that is a minimum of 10' in width that separates a subject property from a different zoning district shall be counted towards the minimum setback. R Rear Yard The rear yard minimum shall be 10', except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30' or less, then the minimum is 20'. For the purpose of this regulation, an alley that is a minimum of 10' in width that separates a subject property from a property in a different zoning district shall be counted towards the minimum setback. GU Ground 900 South: The ground floor use space facing 900 South shall be limited Floor Use to the following uses: retail goods establishments, retail service Requirem establishments, public service portions of businesses,restaurants, ents taverns/brewpubs, bar establishments, art galleries, theaters, or performing art facilities for a depth of 25'. Amenity space for the occupants of the building shall account for no more than 25% of the length of the ground floor space. E Ground Ground floor dwelling units adjacent to a street must have an allowed Floor entry feature. See Table 21A.27.030.B for allowed entry features. Dwelling Entrances U Upper When adjacent to a lot in a zoning district with a maximum building Level height of 30' or less, the first full floor of the building above 30' shall Stepback stepback 10' from the building facade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley M Midblock As part of the city's plan for the downtown area, it is intended that W Walkway midblock walkways be provided to facilitate pedestrian movement within the area. The city has adopted the Downtown Plan that includes a midblock walkway map and establishes a need for such walkways as the Downtown grows. Because the districts within the downtown area allow 38 maximum building heights that exceeds those of other districts in the city, the requirement for the midblock walkway is important to maintain the overall scale and pedestrian nature of the downtown. This requirement implements the city's Downtown Plan and provides visual relief from the additional height that is available in these zone districts when compared to the remainder of the city. All buildings constructed after the effective date hereof within this district shall conform to this officially adopted plan for midblock walkways, in addition to the following standards: 1. 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. 2. The following standards apply to the midblock walkway: a. The midblock walkway must be a minimum of 15' wide and include a minimum 6' wide unobstructed path. b. 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. c. The following building encroachments are permitted in midblock walkway. Under no circumstances shall a mid block walkway be entirely covered. (1) Colonnades; (2) Staircases; (3) Balconies—All balconies must be located at the third story or above; (4) Building overhangs and associated cantilever- These coverings may be between 9 and 14' above the level of the sidewalk. They shall provide a minimum depth of coverage of 6' and project no closer to the curb than 3'; (5) Skybridge—A single skybridge is permitted. All skybridges must be located at the third, fourth, or fifth stories; and (6) Other architectural element(s) not listed above that offers refuge from weather and/or provide publicly accessible usable space. BF Building Multiple buildings may be built on a single lot provided all of the Forms Per buildings have frontage on a street. All buildings shall comply with all Lot applicable standards. OS Open As required in Subsection 21A.27.030.C.1 "Open Space Area." Space Area 39 DS Design See Section 21A.27.030 and Chapter 21A.37 for other applicable building Standards configuration and design standards. Footnotes: 1. Additional Building Height Regulations. Properties listed in this footnote shall have a permitted building height of up to 65' and 5 stories. a. For legally existing parcels or lots as of January 1, 2023 located on the corners of West Temple at 800 South or 900 South; b. For legally existing parcels or lots as of January 1, 2023 located on the corners of 200 West at 700 South, 800 South or 900 South; c. For legally existing parcels or lots as of January 1, 2023 located on the corners of West Temple at Fayette Avenue; d. For legally existing parcels or lots as of January 1, 2023 located on the corners of 300 West at 800 South or 900 South; e. On the southeast corner of 1300 South and State Street. f. As indicated on the following map: 40 900 N 67' 47' 152' e F8-UN2 FB-UN2 SECTION 5. Amending the Text of Chapter 21A.30. That Chapter 21A.30 of the Salt Lake City Code(Zoning: Downtown Districts), shall be and hereby is amended to read as follows: CHAPTER 21A.30 DOWNTOWN DISTRICTS SECTION: 21A.30.010: General Provisions 21A.30.020: D-1 Central Business District 21A.30.030: D-2 Downtown Support District 21A.30.040: D-3 Downtown Warehouse/Residential District 21A.30.045: D-4 Downtown Secondary Central Business District 21A.30.010: GENERAL PROVISIONS: 41 A. Statement of Intent: The downtown districts are intended to provide use, bulk,urban design and other controls and regulations appropriate to the commercial core of the city and adjacent areas in order to enhance employment opportunities; to encourage the efficient use of land; to enhance property values; to improve the design quality of downtown areas; to create a unique downtown center which fosters the arts, entertainment, financial, office, retail and governmental activities; to provide safety and security; encourage permitted residential uses within the downtown area; and to help implement adopted plans. B. Permitted Uses: The uses specified as permitted uses in Section 21A.33.050, "Table of Permitted and Conditional Uses for Downtown Districts", 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. I. Conditional Uses: The uses specified as conditional uses in Section 21A.33.050, "Table of Permitted and Conditional Uses for Downtown Districts", of this title,may be allowed in the downtown districts 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. C. Impact Controls and General Restrictions in the Downtown Districts: I. 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 such a manner so as not to create glare on adjacent properties. D. 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.33.050, "Table of Permitted and Conditional Uses for Downtown Districts", of this title. These uses shall conform to the following: 1. The outdoor sales or display of merchandise shall not encroach into areas of required parking for periods longer than 30 days; 2. The outdoor sales or display of merchandise shall not be located in any required yard area within the lot when the required yard abuts a residential zoning district; 3. The outdoor sales or display of merchandise shall not include the use of banners, pennants or strings of pennants; 42 4. 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 in height; and 5. Outdoor sales and display and outdoor storage shall also be permitted when part of an authorized temporary use as established in Chapter 21A.42 of this title. E. Restrictions on Parking Lots and Structures: An excessive amount of at or above ground parking lots and structures can negatively impact the urban design objectives of the Downtown Zoning Districts. To control such impacts, the following regulations apply to surface parking and above grade structures: I. Parking shall be located behind principal buildings or incorporated into the principal building provided the parking is wrapped on street facing facades with a use allowed in the zone other than parking. 2. A parking lot shall not consist of more than two double-loaded parking aisles (bays) adjacent to each other. The length of a parking lot shall not exceed 10 stalls. Parking for government facilities necessary for public health and safety are exempt from this provision. Illustration of Regulation 21A.010.E.2 Surface Parking Lots Ong 9A9 8 Bass _. on r ` - r' r r' ff 3. Parking lots, garages or parking structures,proposed as the only principal use on a property that has frontage on a public street and that would result in a building demolition are prohibited in the Downtown zoning districts. 4. No special restrictions shall apply to belowground parking facilities. 43 F. Midblock Walkways: As part of the city's plan for the downtown area, it is intended that midblock walkways be provided to increase pedestrian connectivity and overall livability downtown through the creation of an intricate pedestrian network. The city has adopted the Downtown Plan that includes a midblock walkway map and establishes a need for such walkways as the Downtown grows. Because the districts within the downtown area allow building heights that exceed those of other districts in the city, the requirement for a midblock walkway is considered to be necessary to alleviate pedestrian impacts on the public sidewalks by dispersing future use of the public sidewalks. All buildings constructed after the effective date hereof within the Downtown zoning districts shall conform to this officially adopted plan for midblock walkways, in addition to the following standards: 1. 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. 2. The following standards apply to the midblock walkway: a. The midblock walkway must be a minimum of 15' wide and include a minimum 6' wide unobstructed path. b. 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. c. Building encroachments into the midblock walkway are permitted if they include one or more of the following elements: (1) Colonnades; (2) Staircases; (3) Balconies: All balconies must be located at the third story or above. (4) Building overhangs and associated cantilever- These coverings may be between 9 and 14' above the level of the sidewalk. They shall provide a minimum depth of coverage of six feet and project no closer to the curb than three feet. (5) Skybridge: A single skybridge is permitted. All skybridges must be located at the third, fourth, or fifth stories. (6) Other architectural element(s) not listed above that offers refuge from weather and/or provide publicly accessible usable space. Illustration of Regulation 21A.30.010.F Midblock Walkways 44 WiJtr. ]1� , LE 1 The midblock walkway must be a minimum of 15' wide and include a minimum 6' wide unobstructed path. G. Sidewalks: For all downtown districts, sidewalks must be a clear walking path that is a minimum of 10' wide. Outdoor dining shall be permitted within the sidewalk if it complies with the minimum width of a clear path as defined in the outdoor dining design guidelines. H. Additional Standards: All uses in the downtown districts shall comply with the standards set in Part IV, Regulations of General Applicability, of this title, including the applicable standards in the following chapters: 1. 21A.36 General Provisions 2. 21A.37 Design Standards 3. 21A.38 Nonconforming Uses and Noncomplying Structures 4. 21A.40 Accessory Uses, Buildings, and Structures 5. 21A.42 Temporary Uses 6. 21A.44 Off Street Parking, Mobility, and Loading 7. 21A.46 Signs 8. 21A.48 Landscaping and Buffers 9. Any other applicable chapter of this title that may include applicable provisions. 21A.30.020: D-1 CENTRAL BUSINESS DISTRICT: A. Purpose Statement: The purpose of the D-1 Central Business District is to provide for commercial and economic development within Salt Lake City's most urban and intense areas. A broad range of uses, including very high density housing, are intended to foster a 45 24 hour activity environment consistent with the area's function as the business, office, retail, entertainment, cultural and tourist center of the region. Development is intended to be very intense with high lot coverage and large buildings that are placed close together while being oriented toward the pedestrian with a strong emphasis on a safe and attractive streetscape and preserving the urban nature of the downtown area. This district is appropriate in areas where supported by applicable master plans. The standards are intended to achieve established objectives for urban design, pedestrian amenities and land use control. B. Uses: Uses in the D-1 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. C. D-1 Central Business District General Regulations: The regulations established in this section apply to the D-1 Central Business District as a whole 1. Yard Requirements: No minimum yards are required. A maximum yard of eight feet is allowed. a. If provided, the yard must include one of the following elements: i. Seating at a ratio of at least one bench for every 500 square feet of yard space; or ii. Landscaping that includes an increase of at least 25% in the total number of trees required to be planted on the site; or iii. Awning or a similar form of weather protection that covers at least five feet in width and length from all street-facing building entrances. b. Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. c. The planning director, in consultation with the transportation director, may modify this requirement to accommodate a wider sidewalk if the adjacent public sidewalk is less than 15' wide and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansions, or intensification, which increases the floor area or parking requirement by less than 50% if the planning director finds the following: i. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture, or ii. The addition reduces the extent of the noncompliance of the existing building. 46 d. Regardless of the setback provided, doors shall be setback a minimum distance to allow the door to operate without swinging into a right of way or midblock walkway. e. Interior Side Yards: No minimum interior side yard is required. f. Rear Yard: No minimum rear yard is required. 4. 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. D. Height Regulations: Buildings in the D-1 zoning district shall comply with the following provisions: 1. Building Heights: No building shall be less than 100'. There is no maximum building height, subject to standards contained in Subsections 21A.30.020.D.2 through D.3. 2. Exceptions to the minimum height requirements are as follows: a. Utility Buildings necessary to provide electricity,water, sewer, storm water, and other necessary utility services to the downtown area. b. Accessory building and structures, including accessory buildings that serve public transportation, downtown improvement districts, and other public maintenance buildings. c. Buildings on lots or parcels that are less than 5,000 square feet in size. d. Buildings with a footprint of less than 2,500 square feet. e. Building approved through the design review process in Chapter 21A.59. 2. Buildings in excess of 100', are allowed subject to the following standard: a. A minimum stepback of five feet or other architectural feature that can deflect snow and ice from falling directly onto a sidewalk, midblock walkway, or other public space. The stepback may be located above the height of the first floor and below 150' in height above the sidewalk or public space. Buildings that are not clad in glass are exempt from this requirement. 3. Buildings in excess of 200' with no limit and subject to Chapter 21A.59, Design Review, shall include at least one of the following five options: a. Midblock walkway is provided on the property and the midblock walkway connects to an existing or planned street, midblock walkway, or publicly accessible public space and exceeds all the required dimensions of Subsection 21A.30.010.G by at least five feet. This option allows for additional height in return for exceeding the midblock walkway requirements; or 47 b. The building is utilizing affordable housing incentives identified in Chapter 21A.52 of this title; or c. The property where the building is located exceeds the minimum requirement for ground floor uses identified in chapter 21A.37 (Design Standards) of this title, specifically: (1) For Subsection 21A.37.050.A.1 (Design Standards Defined, Ground Floor Use Only), the requirement must be increased to 100%. This option requires that the entire ground floor use of a building consists of retail good establishments, retail service establishments or restaurants,public service portions of businesses, department stores, art galleries, motion picture theaters,performing art facilities or similar uses that encourages walk-in traffic through an active use. Vehicle entry and exit ways necessary for access to parking are exempt from this requirement; or (2) For Subsection 21A.37.050.A.2 (Design Standards Defined, Ground Floor Use and Visual Interest), the ground floor use requirement must be increased to 85% and the visual interest requirement must be increased to 15%. This option requires an increased percentage of ground floor space to be used for an active use, and an increased percentage of the building to provide visual interest; d. The applicant provides a restrictive covenant on a historic building, a building that is 50 years or older, or a building that is a nationally recognized property, located outside of the H Historic Preservation Overlay District for the purpose of preserving the structure for a minimum of 50 years. e. The proposal includes a privately owned,publicly accessible open space on the property or on another property within the geographic boundaries of the Downtown Plan. To qualify for this provision, a restrictive covenant in the favor of the city shall be recorded against the open space portion of the property. The space shall be a minimum of 500 square feet and include enough trees to provide a shade canopy that covers at least 60% of the open space area. This option allows for additional height in return for the designation of open public open space. E. Special Controls Over the Main Street Retail Core: 1. Intent: Special controls shall apply to land located within the Main Street retail core area to preserve and enhance the viability of retail uses within the downtown area. The regulations of this subsection shall be in addition to the requirements of Subsections C and D of this section. 2. Area of Applicability: The controls established in this subsection shall apply to property developed or redeveloped after April 12, 1995, when located along any block face on the following streets: a. Main Street located within the D-I District; 48 b. 100 South Street between West Temple Street and State Street; c. 200 South Street between West Temple Street and State Street; and d. 300 South Street between West Temple Street and State Street. 3. First Floor Retail Required: The first floor space of all buildings within this area shall be required to provide uses consisting of retail goods establishments, retail service establishments or restaurants, public service portions of businesses, department stores, art galleries, motion picture theaters or performing arts facilities. 4. Restrictions on Driveways: Driveways shall not be permitted along Main Street,but shall be permitted along other streets within the Main Street retail core area, provided they are located at least 80' from the intersection of two street right of way lines. 21A.30.030: D-2 DOWNTOWN SUPPORT DISTRICT: A. Purpose Statement: The purpose of the D-2 Downtown Support District is to provide an area that fosters the development of a sustainable urban neighborhood that accommodates commercial, office, residential and other uses that relate to and support the Central Business District. Development within the D-2 Downtown Support District is intended to be less intensive than that of the 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 120' subject to the following review process: Buildings over 65' in height are subject to design review according to the requirements of Chapter 21A.59 of this title. E. Yard Requirements: I. Front and Corner Side Yard: There is no minimum setback. The maximum setback is 10 feet. Buildings that contain ground floor residential uses shall have a front yard setback of a minimum of 8' and a maximum setback no greater than 16'. A provided yard for any use shall be considered a landscaped yard and subject to the provisions of Chapter 21A.48 for required landscaped yards. a. If provided, the yard must include one of the following elements: 49 i. Seating at a ratio of at least one bench for every 500 square feet of yard space; or ii. Landscaping that includes an increase of at least 25% in the total number of trees required to be planted on the site; or iii. Awning or a similar form of weather protection that covers at least 5' in width and length from all street-facing building entrances. b. Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. c. The planning director, in consultation with the transportation director,may modify this requirement to accommodate a wider sidewalk if the adjacent public sidewalk is less than 15' wide and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansions, or intensification, which increases the floor area or parking requirement by less than 50% if the planning director finds the following: i. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture, or ii. The addition reduces the extent of the noncompliance of the existing building. d. Regardless of the setback provided, doors shall be setback a minimum distance to allow the door to operate without swinging into a right of way or midblock walkway. 2. Interior Side Yards: No Minimum side yard is required except a minimum of 10' is required when the side yard is adjacent to a zoning district with a maximum permitted height of 35' or less. 3. Rear Yard: No minimum rear yard is required except a minimum of 10' is required when the rear yard is adjacent to a zoning district with a maximum permitted height of 35' or less. 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 or the above standards, whichever is greater. F. 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 50 may exceed the maximum front and corner side yard setbacks. These structures are required to have one of the following elements listed below: a. Durable materials, as defined in Subsection 21A.37.050.B; or b. Landscaping. 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 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. 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 uses 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 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. Lot Size Requirements: No minimum lot area or lot width shall be required. D. Yard Requirements: There are no minimum setbacks, except for buildings that contain ground floor residential uses in which case the front yard setback shall be a minimum of 8' and no greater than 16'. A provided front yard for any use shall be considered a landscaped yard and subject to the provision of Chapter 21A.48 for required landscaped yards. The maximum front yard setback shall be eight feet for all other uses. 51 1. The yard must be designed with usability as a consideration. Development that implements the maximum yard is required to have at least one of the following elements: a. Seating at a ratio of at least one bench for every 500 square feet of yard space; or b. Landscaping that includes an increase of at least 25% in the total number of trees required to be planted on the site; or c. Awning or a similar form of weather protection that covers at least 5' in width and length from all street-facing building entrances. 2. Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. 3. The planning director, in consultation with the transportation director, may modify this requirement to accommodate a wider sidewalk if the adjacent public sidewalk is less than 15' wide and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansions, or intensification, which increases the floor area or parking requirement by less than 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, or b. The addition reduces the extent of the noncompliance of the existing building. 4. Regardless of the setback provided, doors shall be setback a minimum distance to allow the door to operate without swinging into a right of way or midblock walkway. E. Maximum Building Height: Buildings in the D3 zoning district shall comply with the following provisions: 1. The permitted building height shall not exceed 75'. 2. Buildings taller than 75' but less than 180' may be allowed subject to the following provisions: a. Approval is subject to Chapter 21A.59 Design Review: (1) Provided the additional height is supported by the applicable master plan. (2) The building includes at least one of the following five options: (A)Midblock walkway is provided on the property and the midblock walkway connects to an existing or planned street, midblock walkway, or publicly accessible public space and exceeds all the required dimensions of Subsection 21A.30.010.G by at least five feet. This option allows for additional height in return for exceeding the midblock walkway requirements; 52 (B)The building is utilizing affordable housing incentives identified in Chapter 21A.52 of this title; (C)The property where the building is located exceeds the minimum requirement for ground floor uses identified in Chapter 21A.37 (Design Standards) of this title, specifically: (i) For Subsection 21A.37.050.A.1 (Design Standards Defined, Ground Floor Use Only), the requirement must be increased to 100%. This option requires that the entire ground floor use of a building consists of retail good establishments, retail service establishments or restaurants, public service portions of businesses, department stores, art galleries, motion picture theaters,performing art facilities or similar uses that encourages walk-in traffic through an active use. Vehicle entry and exit ways necessary for access to parking are exempt from this requirement; or (ii) For Subsection 21A.37.050.A.2 (Design Standards Defined, Ground Floor Use and Visual Interest), the ground floor use requirement must be increased to 75% and the visual interest requirement must be increased to 25%. This option requires for an increased percentage of ground floor space to be used for an active use, and an increased percentage of the building to provide visual interest; (D)The applicant provides a restrictive covenant on a historic building, a building that is 50 years or older, or a building that is a nationally recognized property, located outside of the H Historic Preservation Overlay District for the purpose of preserving the structure for a minimum of 50 years; or (E)The proposal includes a privately owned,publicly accessible open space on the property or on another property within the geographic boundaries of the Downtown Plan. To qualify for this provision, a restrictive covenant in the favor of the city shall be recorded against the open space portion of the property. The space shall be a minimum of 500 square feet and include enough trees to provide a shade canopy that covers at least 60% of the open space area. This option allows for additional height in return for the designation of open public open space. 21A.30.045: D-4 DOWNTOWN SECONDARY CENTRAL BUSINESS DISTRICT: A. Purpose Statement: The purpose of the D-4 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 Central Business District. Development is intended to support the regional venues in the district, 53 such as the Salt Palace Convention Center, and to be less intense than in the 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 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 District shall be subject to design evaluation and approval by the planning commission. C. Minimum Lot Size: No minimum lot area or lot width is required. D. Yard Requirements: 1. Front and Corner Side Yards: No minimum yards are required, however, a maximum front yard setback of eight feet is allowed. a. The yard must be designed with the usability as a consideration. Development that implements the maximum yard is required to have at least one of the following elements: i. Seating at a ratio of at least one bench for every 500 square feet of yard space; ii. Landscaping that includes an increase of at least 25% in the total number of trees required to be planted on the site; or iii. Awning or a similar form of weather protection that covers at least 5' in width and length from all street-facing building entrances. b. Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. c. The planning director, in consultation with the transportation director, may modify this requirement to accommodate a wider sidewalk if the adjacent public sidewalk is less than 15' wide and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansions, or intensification, which increases the floor area or parking requirement by less than 50% if the planning director finds the following: i. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture, or ii. The addition reduces the extent of the noncompliance of the existing building. 54 d. Regardless of the setback provided, doors shall be setback a minimum distance to allow the door to operate without swinging into a right of way or midblock walkway. 2. Interior Side Yards: No minimum side yard is required except a minimum of 10' is required when the side yard is adjacent to a zoning district with a maximum permitted height of 35' or less. 3. Rear Yard: No minimum rear yard is required except a minimum of 10' is required when the rear yard is adjacent to a zoning district with a maximum permitted height of 35' or less. E. Building Height: Buildings in the D-4 zoning district shall comply with the following provisions: 1. The permitted building height shall not exceed 75'. 2. Buildings taller than 75' and up to 120'may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. a. Additional Height: Additional height may be authorized up to 120' if the street facing facades contain ground floor commercial uses other than parking for at least 75% of the street facing facades according to Chapter 21A.37 and subject to approval through the design review process in Chapter 21A.59. b. Additional Permitted Height Location: Additional height greater than 120' but not more than 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, N89054'02"W 283.86 feet; thence N00004'50"E 38.59 feet; thence N10046'51"W 238.70 feet; thence N24045'15"W 62.98 feet; thence S89054'02"E 355.45 feet to the east line of said Block 67; thence along said east line S00006'35"W 330.14 feet to the point of beginning. Contains 102,339 square feet, or 2.349 acres, more or less. 55 SOUTH TEMPLE t. � s f � l t00 SOUTH i ;ir y Z. 11 K l 1R>• 1 1 �'. �" Y _ N N rr odd pppp� , �Wg 200 SOUTH 3. Buildings in excess of 120' up to 375' may be authorized subject to the following provisions: a. Approval is subject to Chapter 21A.59 Design Review; b. Shall include a minimum stepback of five feet or other architectural feature that can deflect snow and ice from falling directly onto a sidewalk, midblock walkway, or other public space. The stepback may be located above the height of the first floor and below 120' in height above the sidewalk or public space. Buildings that are clad in glass that totals less than 50% of the total wall surface area are exempt from this requirement; c. The additional height is supported by the applicable master plan; and d. The building includes at least one of the following five options: 1. Midblock walkway is provided on the property and the midblock walkway connects to an existing or planned street, midblock walkway, or publicly accessible public space and exceeds all the required dimensions of Section 21A.30.010.G by at least five feet. This option allows for additional height in return for exceeding the midblock walkway requirements; 2. The building is utilizing affordable housing incentives identified in chapter 21A.52 of this title; 3. The property where the building is located exceeds the minimum requirement for ground floor uses identified in Chapter 21A.37 (Design Standards) of this title, specifically: (1) For Subsection 21A.37.050.A.1 (Design Standards Defined, Ground Floor Use Only), the requirement must be increased to 100%. This option 56 requires that the-entire ground floor use of a building consists of retail good establishments,retail service establishments or restaurants,public service portions of businesses, department stores, art galleries, motion picture theaters, performing art facilities or similar uses that encourages walk-in traffic through an active use. Vehicle entry and exit ways necessary for access to parking are exempt from this requirement.; or (2) For Subsection 21A.37.050.A.2 (Design Standards Defined, Ground Floor Use and Visual Interest), the ground floor use requirement must be increased to 75% and the visual interest requirement must be increased to 25%. This option requires for an increased percentage of ground floor space to be used for an active use, and an increased percentage of the building to provide visual interest; (D)The applicant provides a restrictive covenant on a historic building, a building that is 50 years or older, or a building that is a nationally recognized property, located outside of the H Historic Preservation Overlay District for the purpose of preserving the structure for a minimum of 50 years. (E)The proposal includes a privately owned,publicly accessible open space on the property or on another property within the geographic boundaries of the Downtown Plan. To qualify for this provision, a restrictive covenant in the favor of the city shall be recorded against the open space portion of the property. The space shall be a minimum of 500 square feet and include enough trees to provide a shade canopy that covers at least 60% of the open space area. This option allows for additional height in return for the designation of open public open space. e. Exception: The first 50' of height shall not be set back from the street front more than five feet except that setbacks greater than five feet may be approved through the design review process or, has otherwise allowed by this code. SECTION 6. Amending the Text of Chapter 21A.31. That Chapter 21A.30 of the Salt Lake City Code(Zoning: Gateway Districts), shall be and hereby is amended to read as follows: CHAPTER 21A.31 GATEWAY DISTRICTS SECTION: 21A.31.010: General Provisions 21A.31.020: G-MU Gateway-Mixed Use District 57 21A.31.010: GENERAL PROVISIONS: A. Statement of Intent: The G-MU Gateway-Mixed Use District is intended to provide an urban setting for residential and commercial, developments, and implement the objectives of the Downtown 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, and high density residential. B. Uses: Uses in the G-MU Gateway-Mixed 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 G-MU Gateway-Mixed Use District provided they are approved pursuant to the standards and procedures for conditional uses set forth in Chapter 21A.54 of this title. E. Midblock Walkways: As part of the city's plan for the downtown area, it is intended that midblock walkways be provided to increase pedestrian connectivity and overall livability downtown through the creation of an intricate pedestrian network. The city has adopted the Downtown Plan that includes a midblock walkway map and establishes a need for such walkways as the Downtown grows. Because the districts within the downtown area allow building heights that exceed those of other districts in the city, the requirement for a midblock walkway is considered to be necessary to alleviate pedestrian impacts on the public sidewalks by dispersing future use of the public sidewalks. This requirement implements the city's Downtown Plan and provides visual relief from the additional height that is available in these zone districts when compared to the remainder of the city. All buildings constructed after the effective date hereof within the Downtown zoning districts shall conform to this officially adopted plan for midblock walkways, in addition to the following standards: 1. 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. 2. The following standards apply to the midblock walkway: a. The midblock walkway must be a minimum of 15' wide and include a minimum 6' wide unobstructed path. 58 b. 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. c. Building encroachments into the midblock walkway are permitted if they include one or more of the following elements: (1) Colonnades; (2) Staircases; (3) Balconies: All balconies must be located at the third story or above; (4) Building overhangs and associated cantilever- These coverings may be between 9 and 14' above the level of the sidewalk. They shall provide a minimum depth of coverage of six feet and project no closer to the curb than three feet; (5) Skybridge: A single skybridge is permitted. All skybridges must be located at the third, fourth, or fifth stories; and (6) Other architectural element(s) not listed above that offers refuge from weather and/or provide publicly accessible usable space. Illustration of Regulation 21A.31.010.E2 Midblock Walkways 77 i , r i Syr' too r �a.. 1 The midblock walkway must be a minimum of 15' wide and include a minimum 6' wide unobstructed path. F. Modifications of Standards: A modification to the provisions of this chapter may be granted through the design review process, subject to conformance with the standards and procedures of Chapter 21A.59 of this title. 59 G. Midblock Street Development: Developments constructing midblock streets, either privately owned with a public easement or publicly dedicated, that are desired by an applicable master plan: I. May transfer a portion or all of the above ground development square footage of the proposed new midblock street to other land within the proposed development. 2. May increase the height of the building on the remaining land within the development site to a height necessary to accommodate the development square footage of the proposed right of way that is being transferred. 3. Any proposal under this section shall be subject to conformance with the standards and procedures of Chapter 21A.59, "Design Review", of this title. H. Parking: 1. Belowground Parking Facilities: No special design and setback restrictions shall apply to belowground parking facilities. 2. Landscape Requirements: Surface parking lots shall have a landscaped setback of at least 20' and meet interior landscaped requirements as outlined in Chapter 21A.48 of this title. 3. Design Review Approval: A modification to the restrictions on parking lots and structures 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. Such conditional uses shall also be subject to urban design evaluation. 4. Parking structures shall conform to the requirements set forth in Chapter 21A.37 of this title. I. Outdoor Sales, Display and Storage: "Sales and display(outdoor)" and"storage and display(outdoor)", is permitted for retail uses and the retail components of other permitted and conditional uses authorized in Section 21A.33.060 "Table of Permitted and Conditional Uses in the Gateway District. These uses shall conform to the following: I. 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 sales or display of merchandise shall not encroach into areas of required parking for longer than 30 days; 3. The outdoor permanent sales or display of merchandise shall not be located in any required yard area within the lot when the lot abuts a residential zoning district; 4. The outdoor sales or display of merchandise shall not include the use of banners, pennants or strings of pennants. 60 21 A.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 Downtown 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. 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 50% of the structure's gross square footage. C. Building Height: The minimum building height shall be 75' The maximum building height shall not exceed 180'. 1. Design Review: A modification to building height over ninety feet(90) in height shall only be allowed if approved 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. D. All buildings shall be designed with a base that is differentiated from the remainder of the building. The base shall be between one and three 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. The ground floor of all new buildings shall have a minimum floor to ceiling height of 16'. E. Yard Requirements: No minimum setback requirements. A maximum setback of 10' is allowed for up to 30% of the building facade. 61 1. If provided, the yard must include one of the following elements: a. Seating at a ratio of at least one bench for every 500 square feet of yard space; or b. Landscaping that includes an increase of at least 25% in the total number of trees required to be planted on the site; or c. Awning or a similar form of weather protection that covers at least 5' in width and length from all street-facing building entrances. 2. Regardless of the setback provided, doors shall be setback a minimum distance to allow the door to operate without swinging into a right of way or midblock walkway. 3. The planning director, in consultation with the transportation director,may modify this requirement to accommodate a wider sidewalk if the adjacent public sidewalk is less than 15' wide 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 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, or b. The addition reduces the extent of the noncompliance of the existing building. 4. Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. 5. Ground floor residential uses shall have a minimum setback of 10'. This setback shall be incorporated into a private yard for the ground floor units. SECTION 7. Amending the Text of Section 21A.33.050. That Section 21A.33.050 of the Salt Lake City Code(Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Downtown Districts), shall be and hereby is amended to read as follows: 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN DISTRICTS: Legend: C= Conditional P= Permitted Use Permitted And Conditional Uses By District D-1 I D-2 D-3 D-4 62 Accessory use, except those that are otherwise specifically regulated P P P P elsewhere in this title Adaptive reuse of a landmark site P P P P4 Alcohol: Bar establishment(indoor) P6 C6 C P6 Bar establishment outdoor P6 0 C6 P6 Brewpub (indoor) P6 P6 P6 P6 Brewpub (outdoor) P6 P6 P6 P6 Tavern (indoor) P6 C6 C6 P6 Tavern (outdoor) P6 C C P6 Animal, veterinary office P P Antenna, communication tower P P P P Antenna, communication tower, exceeding the maximum building C C C C height Art gallery P P P P Artisan food production P14,18 PIS PIS PIS Bed and breakfast P P P P Bed and breakfast inn P P P P Bed and breakfast manor P P P P Bio-medical facility P17•18 P17''g P17''g P17,18 Blood donation center P Bus line station/terminal P7 P7 P7 P7 Bus line yard and repair facility P Car wash P3 Check cashing/payday loan P5 business Clinic (medical, dental) P P P P Commercial food preparation Pig P18 P18 P18 Community garden P P P P Convention center P Crematorium P P P Daycare center, adult P P P P Daycare center, child P P P P Daycare, nonregistered home P 12 P 12 P 12 P 12 daycare 63 Daycare,registered home daycare p12 P12 P12 P12 or preschool Dwelling: Artists' loft/studio P P P P Assisted living facility (large) P P P P Assisted living facility (limited P P P capacity) Assisted living facility (small) P P P P Congregate care facility(large) C C C C Congregate care facility(small) P P P P Group home (large) C C Group home (small) P P P P Multi-family P P P P Residential support (large) C C Residential support (small) C C Exhibition hall P Farmers' market P Financial institution P P P P Financial institution with drive- Px P8 through facility Funeral home P P P Gas station P P7 P7 Government facility C C C C Government facility requiring P7 P7 special design features for security purposes Heliport, accessory C C C Home occupation P13 P13 P13 P13 Homeless resource center Cls Cls Homeless shelter C l s C l s Hotel/motel P P P P Industrial assembly C1S C18 Laboratory, medical related Pis P 18 P 18 P 1 s Laundry, commercial P18 Library P P P P Limousine service P Mixed use development P P P P 64 Mobile food business (operation in P P P P the public right of way) Mobile food business (operation on P P P P private property) Mobile food court P P P P Municipal services uses including Ecity utility uses and police and P P P P fire stations Museum P P P P Office P P P P Office,publishing company P P P P Open space on lots less than 4 P7 P7 P7 P7 acres in size Park P P P P Parking, commercial C19 P19 C19 C19 Parking, off site P19 P19 P19 P19 Performing arts production facility P P P P Place of worship P11 P11 P11 P11 Radio, television station P P P Railroad, passenger station P P P P Reception center P P P P Recreation (indoor) P P P P Recreation (outdoor) P Research and development facility P" P18 P18 P18 Restaurant P P P P Restaurant with drive-through PS facility Retail goods establishment P P P P Retail service establishment P P P P Retail service establishment, P P upholstery shop Sales and display(outdoor) P P P P School: College or university P P P P K- 12 private P P K- 12 public P P Music conservatory P P P P Professional and vocational P P P P Seminary and religious institute P P P P 65 Small brewery CIS Social service mission and charity C C dining hall Stadium C C C Storage, self P16 P P Store: Department P P P Fashion oriented department P2 Mass merchandising P P P Pawnshop P Specialty P P P Superstore and hypermarket P Studio, art P P P P Technology facility P18 P18 pls P18 Theater, live performance P9 P9 P`' P9 Theater, movie P P P P Utility,buildings or structure PI P' P' P1 Utility, transmission wire, line, P1 P1 P1 P1 pipe or pole Vehicle: Automobile repair(major) P P7 P7 Automobile repair(minor) P P7 P7 Automobile sales/rental and P i o p P 10 service Vending cart,private property P P P P Vending cart,public property Warehouse PPS Warehouse, accessory P P Wholesale distribution PPS Wireless telecommunications facility(see Section 21A.40.090, Table 21A.40.090.E of this title Qualifying provisions: 1. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title. 2. Uses allowed only within the boundaries and subject to the provisions of the Downtown Main Street Core Overlay District(Section 21A.34.110 of this title). 66 3. A car wash located within 165 feet(including streets) of a residential use shall not be allowed. 4. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building's footprint. Building additions greater than 50 percent of the building's footprint or new office building construction are subject to a design review (Chapter 21A.59 of this title). 5. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan businesses. 6. Subject to conformance with the provisions in Section 21A.36.300, "Alcohol Related Establishments", of this title. 7. Subject to conformance with the provisions of Chapter 2 IA.59, "Design Review", of this title. 8. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive- through use regulations. 9. Prohibited within 1,000 feet of a single- or two-family zoning district. 10. Must be located in a fully enclosed building and entirely indoors. 11. If a place of worship is proposed to be located within 600 feet of a tavern,bar establishment, or brewpub, the place of worship must submit a written waiver of spacing requirement as a condition of approval. 12. Subject to Section 21A.36.130 of this title. 13. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to Section 21A.36.030 of this title. 14. Must contain retail component for on-site food sales. 15. Subject to conformance with the provisions of Section 21A.36.350 of this title. 16. Limited to basement/below ground levels only. Not allowed on the ground or upper levels of the building, with the exception of associated public leasing/office space. 17. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 18. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 19. Parking lots, garages or parking structures,proposed as the only principal use on a property that has frontage on a public street that would result in a building demolition are prohibited subject to the provisions of Subsection 21A.30.010.F.3. SECTION 8. Amending the Text of Section 21A.37.020. That Section 21A.37.020 of the Salt Lake City Code(Zoning: Design Standards: Applicability), shall be and hereby is amended to read as follows: 21A.37.020: APPLICABILITY: 67 The design standards identified in this chapter apply to all properties in the zoning districts listed in Section 21A.37.060 of this chapter pursuant to the following: A. Change in Use: A change in use shall be exempt from this chapter, provided that it does not result in alterations of existing design elements regulated by the standards of this chapter. B. Additions: When an addition to an existing structure is made, only the addition is subject to this chapter,provided that no existing design element regulated by these standards is altered in other portions of the existing structure. C. Repair, Maintenance or Alterations: Structures may be repaired, maintained or altered, except that no such work shall create a noncompliance or increase the degree of an existing noncompliance. If a design element of an existing structure complies with this chapter, the design element shall not be altered such that the structure becomes noncompliant. D. Certificate of Appropriateness: All new construction, additions, exterior building work, structure work, and site work on property in an H Historic Preservation Overlay District or a landmark site remains subject to a certificate of appropriateness as required in Subsection 21A.34.020.E of this title. SECTION 9. Amending the Text of Section 21A.37.040. That Section 21A.37.040 of the Salt Lake City Code(Zoning: Design Standards: Modifications of Design Standards), shall be and hereby is amended to read as follows: 21A.37.040: MODIFICATIONS OF DESIGN STANDARDS: The planning director and/or planning commission may modify any of the design standards identified in this chapter subject to the requirements of Chapter 21A.59, "Design Review", of this title. The applicant must demonstrate that the modification meets the intent for the specific design standards requested to be modified, the standards for design review and any adopted design guidelines that may apply. A. The planning director may approve, approve with modifications, deny or refer to the planning commission modifications to specific design standards when proposed as new construction, an addition or modification to the exterior of an existing structure, or a modification to an existing structure as authorized in Section 2 IA.59.040, Table 2 IA.59.040 or when authorized in the specific zoning district. 68 1. The director shall approve a request to modify a design standard if the director finds that the proposal complies with the purpose of the individual zoning district, the purpose of the individual design standards that are applicable to the project, the proposed modification is compatible with the development pattern of other buildings on the block face or on the block face on the opposite side of the street, and the project is compliant with the applicable design standards (Sections 21A.37.050 and 21A.37.060). 2. The director may approve a request to modify a design standard with conditions or modifications to the design if the director determines a modification is necessary to: a. Comply with the purpose of the base zoning district; b. Comply with the purpose of the applicable design standards of the base zoning; c. Achieve compatibility with the development pattern of other buildings on the block face or on the block face on the opposite side of the street; d. Achieve the applicable design review objectives; or e. Encourage the reuse of existing buildings when a modification to a noncomplying building results in the building becoming closer to complying with a specific design standard. 3. The director shall deny a request to modify a design standard if the design does not comply with the purpose of the base zoning district, the purpose of the applicable design standards or the applicable design review objectives and no modifications or conditions of approval can be applied that would make the design comply. 4. The director may forward a request to modify a design standard to the planning commission if the director finds that the request for modification is greater than allowed by this chapter, a person receiving notice of the proposed modification can demonstrate that the request will negatively impact their property, or at the request of the applicant if the director is required to deny the request as provided in this section. B. For properties subject to the H Historic Preservation Overlay District, the historic landmark commission may modify any of the design standards in this chapter as part of the review of the standards in Section 21A.34.020 of this title. SECTION 10. Amending the Text of 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: 69 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, in cases where a conflict exists between the definition and the graphic,the definition shall take precedence. The table that follows (Section 21A.37.060) highlights the connection between each design standard and the zoning districts. It identifies whether a standard is required or not. Standards that are required are identified by an X or a number referencing the applicable standard. If there is a specific detail for the standard, it will also be identified in the table. 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. Active uses are those that support the vibrancy and usability of the public realm adjacent to a building, and encourage walk-in traffic. There are two 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. The majority of the ground level facade of a building shall be placed parallel, and not at an angle, to the street. 1. Ground Floor Use Only: This option requires that a portion of the length of any street-facing building facade on the ground floor of a new principal building include a permitted use, conditional use, or an amenity space within a residential building that is only available for the residents of the building. The ground floor of all new buildings shall have a minimum floor to ceiling height of 16' and shall promote an active pedestrian environment through inclusion of active uses that capture the attention of a passer-by. Active uses include retail establishments, retail services, civic spaces (theaters, museums, etc), restaurants,bars, art and craft studios, and other uses determined to be substantially similar by the planning director and/or planning commission. For buildings that are entirely residential, active uses may include ground floor residential units. The ground floor use shall not consist of spaces that discourage walk-in traffic, such as a residential mailroom, common room, back of house functions, or private business offices associated with an active use. Allowed uses shall occupy a minimum percentage of the length of the street facing facade according to Table 21A.37.060 of this chapter. All portions of such ground floor spaces shall extend a minimum of 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. The TSA (Transit Station Area), R-MU-35 (Residential Mixed-Use), R-MU-45 (Residential Mixed-Use), FB-UN2 (Form Based Urban Neighborhood), FB-UN3 (Form Based Urban Neighborhood), FBUN-SC (Form Based Urban Neighborhood Special Corridor Core), FBUN-SE (Form Based Urban 70 Neighborhood Special Corridor Edge), CSHBD (Sugar House Business District) are not subject to the 16' minimum floor to ceiling height. c. For single-family or two-family uses, garages occupying up to 50% of the length of the ground floor building facade are exempt from this requirement. d. For all other uses, vehicle entry and exit ways necessary for access to parking are exempt from this requirement. Such accessways shall not exceed 30' in width. Individual dwelling unit garages do not qualify for this exemption. e. Amenity space is defined as a portion of the public right of way adjacent to the sidewalk, outside of the pedestrian walking area,which can include streetscape elements, street furniture, landscaping, outdoor dining areas, and/or trees. It shall only be counted for up to 25% of the length of the building facade. For corner properties, each street facing building facade shall be allowed to have up to 25% of the required ground floor to include amenity space. This is applicable in districts where there are no front or side yard setback requirements. Amenity spaces are subject to any necessary encroachment agreements that may be required. f. Areas such as kitchens, storage, bicycle parking, and other areas that are not accessible to customers shall not be counted towards the requirement for ground floor use and visual interest. 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. This option identifies a required percentage of ground floor space that must be an active use, and the percentage of the building which must provide visual interest. An applicant utilizing this option must proceed through the design review process, Chapter 21A.59), for review of the project for determination of the project's compliance with those standards, and in addition, whether the design 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. 71 Illustration of Regulation 21A.37.050.A.2 Ground Floor Use and Visual Interest MOO °EOM r 1 Contribute to increased visual interest through a combination of increased building material variety, architectural features, facade changes, art, and colors. 2 Contribute to increased pedestrian activity through a clear visual relationship between the building and the adjacent public realm using niches, bays, gateways,porches, colonnades, stairs or other similar features. B. Building Materials: I. All buildings which have been altered over 75% on the exterior facade shall comply with the material requirements detailed below. Buildings older than 50 years are exempt from this requirement if alterations are consistent with the existing architecture. 2. For the purpose of the requirements below, a durable material is defined as any material that has a manufacturer's warranty of a minimum of 20 years or is a natural material such as stone or wood provided the wood is treated and maintained for exterior use. 3. 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, fiber cement board or other material that includes a minimum manufacturer warranty of 20 years from color fading, weather, and local climate induced degradation of the material. 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. 72 4. 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 or other material that includes a minimum manufacturer warranty of 20 years from color fading,weather, and local climate induced degradation of the material. 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 percentage of glass, as calculated-between three feet and eight feet 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, 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 15%. 73 Illustration of Regulation 21A.37.050.C.I Ground Floor Glass (References the measurements in Table D, D-1) Y to 8' above grade 1 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 percentage of glass as indicated in the associated tables in this chapter,between three feet and eight feet above grade. 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 percentage of glass according to Section 21A.37.060, Table 21A.37.060 of this chapter. a. Reflective Glass: The maximum percentage of reflective glass, defined as glass with a coating that creates a mirror-like appearance, is allowed according to Section 21A.37.060, Table 21A.37.060 of this chapter, on both the ground floor and upper floor of buildings. D. Building Entrances: A building entrance is defined as an entrance to a building that includes a door and entry feature such as a recess or canopy that provides customers with direct access to the use. For the purpose of this provision, an operable building entrance shall be open and accessible during the hours that the business is open and comply with applicable ADA standards. 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 either direction of the specified location. Each ground floor nonresidential leasable space facing a street shall have an 74 operable entrance facing that street and a walkway to the nearest sidewalk. Corner entrances, when facing a street and located at approximately a 45' angle to the two adjacent building facades (chamfered corner), may count as an entrance for both of the adjacent facades. Illustration of Regulation 21A.37.050.D Building Entrances (References the measurements in Table D, D-1) lip � I e.ddft F4%0&,.rb 1 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 distance as indicated in the associated tables in this chapter. 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, windows, balconies, cornices, columns, or other similar architectural features. The architectural feature shall be either recessed a minimum of 12" or projected a minimum of 12". 75 Illustration of Regulation 21A.37.050.E Maximum Length of Blank Wall(References the measurements in Table D, Downtown Districts) C 1 The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the ground floor level along any street facing fagade shall be limited to the specified measurement indicated in the associated table in this chapter. 2 The architectural feature shall be either recessed a minimum of 12" or projected a minimum of 12". F. Maximum Length of Street Facing Facades: This requirement sets the maximum length of a single street facing fagade of a structure. The purpose of this is to have building massing that better responds to human scale to create a walkable pedestrian environment. 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 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 wide. G. Upper Floor Stepback: I. The upper floor stepback for street facing facades is dependent on the height of the building according to Section 21A.37.060, Table 21A.37.060 of this chapter. For buildings that are between 78' to 1045, or between 6 and 8 stories, a minimum stepback of 10' is required at least 25' above grade. For buildings above 105', or 8 stories, the step back shall be a minimum of 15' from the property line. The stepback 76 shall appear after the first two to five floors. In addition to these provisions, 20% of the entire building facade can meet the street at the lot line with no stepback. An alternative to this street facing facade stepback requirement may be utilized for buildings limited to 45' or less in height by the zoning ordinance: those buildings may provide a 4' minimum depth canopy,roof structure, or balcony that extends from the face of the building toward the street at a height of between 12' and 15' above the adjacent sidewalk. Such extension(s) shall extend horizontally parallel to the street for a minimum of 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. Illustration of Regulation 21A.37.050.G1 Upper Floor Stepback 20%ofthe 'a a oCa 1 For buildings that are between 78' to 104', or between 6 and 8 stories, a minimum stepback of 10' is required at least 25' above grade. The stepback shall appear after the first 26' to 65', or 2 to 5 floors. In addition to these provisions, 20% of the entire building facade can meet the street at the lot line with no stepback. 2 For buildings above 104', or 8 stories, the stepback shall be a minimum of 15' from the property line. The stepback shall appear after the first 26' to 65', or 2 to 5 floors. In addition to these provisions, 20% of the entire building facade can meet the street at the lot line with no stepback. 2. Stepbacks are required for full floors above the height, according to Section 21A.37.060, Table 21A.37.060 of this chapter,measured from average finished grade that have facades facing single- or two-family residential districts with a permitted height that is 35' or less, a public trail or public open space. The purpose of this 77 provision is to reduce the impact that buildings over a certain height have on abutting properties when the abutting properties have a permitted height that is 35' or less. 3. 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. 4. Floors rising above thirty feet(30') in height shall be stepped back fifteen(15) horizontal feet from the building foundation at grade for building elevations that are adjacent to a public street, public trail, or public open space. This stepback does not apply to buildings that have balconies on floors rising above thirty feet (30') in height. 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. 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 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 such impact-minimizing 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,utility meters, 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. Waste and loading facilities are prohibited from being located on street-facing facades and shall be co-located and screened when possible. Exceptions to 78 this requirement may be approved by the planning director when the service provides power or some form of utilities in and around the surrounding area. Exemptions may also 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 planning director shall be required. All screening devices shall be a minimum of one foot higher than the object being screened, and in the case of fences and/or masonry walls the height shall not exceed eight feet. Dumpsters must be located a minimum of 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 Dwellings with Individual Unit Entries: For the zoning districts listed in Section 21A.37.060, Table 21A.37.060 of this chapter, all attached dwellings including attached single-family dwellings, townhomes, row houses, multi-family developments with ground floor uses, and other similar 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, midblock walkway, or other similar area if the street facing facades also have a primary entrance. M. Parking Garages or Structures: The following standards shall apply to parking garages or structures whether stand alone or incorporated into a building: 1. Parking structures shall have an external skin designed to improve visual character when adjacent to a public street or other public space. Examples include heavy gauge metal screen,precast concrete panels; live green or landscaped walls, laminated or safety glass, decorative photovoltaic panels or match the building materials and character of the principal use. The planning director may approve other decorative materials not listed if the materials are in keeping with the decorative nature of the parking structure. 2. Facade elements shall align to parking levels and there shall be no sloped surfaces visible from a public street, public trail or public open space. 3. Internal circulation must be designed such that parking surfaces are level (or without any slopes) along all primary facades. All ramping between levels need to be placed along the secondary facade or to the center of the structure. Parking structures shall be designed to conceal the view of all parked cars and drive ramps from public spaces. 4. Elevator and stairs shall be highlighted architecturally so visitors can easily access these entry points both internally and externally. 79 5. Signage and wayfinding shall be integrated with the architecture of the parking structure and be architecturally compatible with the design. The entrances of public parking structures shall be clearly signed from public streets. 6. Interior 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 a good strategy to control light levels on site while improving energy efficiency. 7. Where a driveway crosses a public sidewalk, the driveway shall be a different color, texture, or paving material than the sidewalk to warn drivers of the possibility of pedestrians in the area. 8. The ground floor of all parking structures shall be wrapped along all street frontages with habitable space that is occupied by a use that is allowed in the zone as a permitted or conditional use. 9. Parking structures shall be designed to minimize vehicle noise and odors on the public realm. Venting and fan locations shall not be located next to public spaces and shall be located as far as possible from adjacent residential land uses. 10. If the parking structure is adjacent to a midblock walkway, pedestrian oriented elements shall be provided. These may include,but are not limited to seating and vegetation. N. 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 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 6. Building additions shall consist of materials, color and exterior building design consistent with the existing structure,unless the entire structure is resurfaced. O. Primary Entrance Design in SNB District: Primary entrance design shall consist of at least two 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. 80 4. A repeating pattern of pilasters projecting from the facade wall by a minimum of eight inches or architectural or decorative columns. 5. Recessed entrances that include a minimum stepback of two feet from the primary facade and that include glass on the sidewalls. P. Streetscape Standards: These standards are required for landscaping that is within the public right of way. This is defined as the space between the private property line and the back of the curb. 1. Tree Canopy Coverage: No tree canopy shall cover less than the specified percentage according to Section 21A.37.060, Table 21A.37.060 of this chapter. The defined percentage represents the canopy coverage at maturity. At installation, a minimum of 20% of all trees shall have a minimum caliper of 3". Illustration of Regulation 21A.37.050.P.I Tree Canopy Coverage 1 No tree canopy coverage shall cover less than the specified percentage according to Section 21A.37.060, Table 21A.37.060 of this chapter. 2. Minimum Vegetation Standards: The percentage of vegetation shall be no less than the specified amount according to Chapter 21A.48. The vegetation shall be planted in the public right of way. Illustration of Regulation 21A.37.050.P.2 Minimum Vegetation Standards (References the measurements in Table D, Downtown Districts) 81 I The percentage of vegetation shall be no less than the specified percentage according to Chapter 21A.48. 2 Vegetation shall be planted in the public right of way. 3. Street Trees: Street trees are required and subject to the regulations in Section 21A.48.080. In addition to those standards, for every new development, there shall be one street tree planted for every 30' of street frontage. 4. Soil Volume: In order to promote street tree health and longevity, each tree shall have an adequate volume of soil. The soil volume surrounding a tree shall be 750ft3 to 1,000ft3 per tree, provided that this area is exclusive of the soils volume calculation for adjacent trees. The soil volume may be reduced if under ground utilities are present within the soil volume and the soil volume cannot be extended horizontally due to other obstructions or barriers. Illustration of Regulation 21A.37.050.P.4 Soil Volume `j 1 The soil volume surrounding a tree shall be 750ft3 to 1,00oft3 per tree,provided that this area is exclusive of the soils volume calculation for adjacent trees. 82 5. Minimize Curb Cuts: As an effort to emphasize the public realm and encourage the safety of pedestrians,places where cars intersect the street shall be minimized. More specifically, curb cuts are encouraged to be concentrated at midblock and alley locations. The sidewalk material shall continue at ground level of the curb cuts. Illustration of Regulation 21A.37.050.P.5 Minimize Curb Cuts j� :0 � ms =J� p � Gr" pp�� -------------- 1 Curb cuts are encouraged to be concentrated at midblock and alley locations. 6. Overhead Cover: Overhead covers are required at building entrances to provide weather protection to pedestrians and may encroach into a required yard as indicated in this section or into a public right of way with an approved encroachment agreement with the City. These coverings are required to be between 9 and 14' above the level of the sidewalk. They shall also provide coverage with a minimum depth of 6' and project no closer to the curb than 3'. Illustration of Regulation 21A.37.050.P.6 Overhead Cover 83 ® ® ® M® ®B MID M ®® ® ® � � 03 rn 1 The shade structure shall occur between 9 and 14' above the level of the sidewalk. The shade shall provide a minimum coverage of 6' in width. The cover shall project no closer than 3' to the curb. 7. Streetscape Landscaping: All vegetation used along the streetscape must comply with the landscape requirements set forth in Chapter 21A.48. Q. Height Transitions: This measurement is applied to control the size and shape of the building envelope or portion thereof for such purposes as promoting transition in scale between buildings of different height,protecting access to sunlight, and/or limiting shadow and overlook on neighboring properties. A transition may be achieved by relating a building's form to those that surround it through the following way. An angular plane of 45°, measured from the relevant property lines, should be used to provide a frame of reference for transition in scale from proposed high-rise buildings down to lower scale areas. The transition is required when development is directly adjacent to a zone with a height maximum of 35' or less or adjacent to a local historic landmark site. These standards do not apply when a right of way separates the buildings. Illustration of Regulation 21A.37.050.Q Height Transitions 84 ...........AnIpbrAlmi LI - 1 An angular plane of 45°, measured from the relevant property lines, should be used to provide a frame of reference for transition in scale from proposed high-rise buildings down to lower scale areas. The transition is required when development is adjacent to a zone with a height maximum of 35' or less or adjacent to a local historic landmark site. R. Horizontal articulation: Buildings shall be designed in such a way that they are appropriately scaled to the pedestrian at the street level. This scale is emphasized through authentic breaks in the facade. These breaks shall be articulated on the primary facade to the full height of the building to the cornice or to the full height of the building to the first horizontal setback. There may be a maximum spacing of 60' for horizontal articulation. Horizontal articulation shall be achieved through one of the following architectural features: a. Bay windows: Bay windows shall be a minimum of two feet in depth and four feet in width; or b. Recessed entrances or windows: These shall be recessed a minimum of four feet in depth and six feet in width. Canopies or awnings are required at primary building entries; or c. Niches: Niches shall be a minimum of two feet in depth and four feet in width; or d. Openings for gates that are a minimum of four feet in width; or e. Porches measuring at least 48 square feet; or f. Colonnades that are a minimum of four feet in width. 85 SECTION 11. Amending the Text of 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(X), that standard is required. If a box is blank, 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 where a dimension in this table conflicts with a dimension in the definition, the dimensions listed in the table shall take precedence. 86 TABLE 21A.37.060 A. Residential Districts: District Standard(Code RMF-30 RMF-35 RMF-45 RMF-75 RB R-MU-35 R-MU-45 R-NW RO Section) Ground floor use (%) (21A.37.050.A.1) 75 75 Ground floor use+visual interest(%) (21A.37.050.A.2) Building materials: ground floor (%) 80 80 (21A.37.050B.3) Building materials: upper floors (%) (21A.37.050.B.4) 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) 15 15 15 (21 A.37.050.E) Street facing facade: maximum length(feet) (21A.37.050.F) Upper floor stepback (feet) (21A.37.050.G) 10 Lighting: exterior (21A.37.050.1) Lighting: parking lot (21A.37.050.1) X X Screening of mechanical equipment(21A.37.050.J) X X X Screening of service areas (21A.37.050.K.1) X X X Ground floor residential entrances for dwellings with individual unit entries(21A.37.050.L) 87 Parking garages or structures(21A.37.050.M) Residential character in RB District X (21A.37.050.N) B. Commercial Districts: District Standard(Code CSHBD i Section SNB CN CB CS CC CG TSA Ground floor use (%) (21A.37.050.A.1) 80 802 80 Ground floor use + visual interest (%) (21A.37.050.A.2) 60/25 70/20 60/25 Building materials: ground floor (%) (21A.37.050.B.3) 80 70 90 Building materials: upper floors (%) (21A.37.050.B.4) 60 60 Glass: ground floor (%) (21A.37.050.C.1) 40 40 40 40 60 60 Glass: upper floors (%) (21A.37.050.C.2) 25 Reflective Glass:ground floor(%)(21A.37.050.C.1) 0 Reflective Glass:upper floors(%)(21A.37.050.C.2) 40 Building entrances (feet) (21A.37.050.D) X X X X X 40 40 40 Blank wall: maximum length (feet) (21A.37.050.E) 15 15 15 15 20 15 Street facing facade: maximum length (feet)(21A.37.050.F) 200 200 200 Upper floor stepback(feet) (21A.37.050.G.3) 15 X Faqade height for required stepback(21A.37.050.G.2) 30 Lighting: exterior (21A.37.050.H) X X X Lighting: parking lot (21A.37.050.1) 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 X X 88 Ground floor residential entrances for dwellings with individual X unit entries 21A.37.050.L Parking garages or structures (21A.37.050.M) X Primary entrance design SNB District (21A.37.050.0) X Tree canopy coverage(%)(21A.37.050.P.1) 40 Minimum vegetation standards(%)(21A.37.050.P.2) X Street trees(21A.37.050.P.3) X Soil volume(21A.37.050.P.4) X Minimize curb cuts(21A.37.050.P.5) X Overhead cover(21A.37.050.P.6) X Streetscape landscaping(21A.37.050.P.7) X Height transitions:angular plane for adjacent buildings 21A.37.050.Q Horizontal articulation(21A.37.050.R) X Notes: 1. These standards only apply to the portion of the CG district within the boundaries of north of 900 S, south of 200 S, west 300 W and east of I-15. 2. Maximum width of the entrance shall be 35' if the additional 20% is used for an entrance to a parking structure. 89 C. Manufac ring Districts: Standard(Code District Section) 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(%) (21 A.37.050.B.1) Building materials:upper floors(%) (21 A.37.050.B.2) Glass:ground floor(%) (21A.37.050.C.1) Glass:upper floors(%) (21A.37.050.C.2) Building entrances(feet) (21A.37.050.D) Blank wall: maximum length (feet) (21A.37.050.E) Street facing facade: maximum length (feet) (21 A.37.050.F) Upper floor stepback(feet) (21A.37.050.G) Lighting: exterior X X (21A.37.050.H) Lighting:parking X X lot (21A.37.050.I) Screening of mechanical equipment (21 A.37.050.J) 90 Screening of service areas (21 A.37.050.K) Ground floor residential entrances (21A.37.050.L) Parking garages or structures (21A.37.050.M) D. Downtown Districts: Standard(Code District Section) D-1 D-2 D-3 D-4 Ground floor use(%) 90 80 80 80 (21A.37.050.A.1) Ground floor use+ 80/10 70/20 70/20 70/20 visual interest(%) (21A.37.050.A.2) Building materials: 70 80 70' 70 ground floor (%)(21A.37.050.B.1) Building materials: 50 50 70' 50 upper floors (%)(21A.37.050.B.2) Glass:ground floor(%) 60 60 60 60 (21A.37.050.C.1) Glass:upper floors(%) 50 50 50 50 (21A.37.050.C.2) Reflective Glass: 0 0 0 0 ground floor(%) (21 A.37.050.C.1) Reflective Glass:upper 50 50 50 50 floors(%) (21A.37.050.C.2) Building entrances 40 40 60 60 (feet)(21A.37.050.D) Blank wall:maximum 20 20 20 20 length (feet)(21A.37.050.E) Street facing facade: 150 200 150 150 maximum length(feet) (21 A.37.050.F) Upper floor stepback X X X X (feet)(21A.37.050.G.1) Lighting: X X exterior(21A.37.050.H) 91 Lighting:parking lot X (21 A.37.050.I) Screening of X X X X mechanical equipment (21A.37.050.J) Screening of service X X X X areas(21A.37.050.K) Ground floor residential entrances for dwellings with individual unit entries (21A.37.050.L) Parking garages or X- X, structures (21 A.37.050.M) Tree canopy coverage 40 40 40 40 (%)(21A.37.050.P.1) Minimum vegetation X X X X standards (21A.37.050.P.2) Street trees X X X X (21 A.37.050.P.3) Soil volume X X X X (21A.37.050.P.4) Minimize curb cuts X X X X (21A.37.050.P.5) Overhead cover X X X X (21 A.37.050.P.6) Streetscape landscaping X X X X (21A.37.050.P.7) Height transitions: X X X angular plane for adjacent zone districts (21A.37.050.Q) Horizontal articulation X X X X (21A.37.050.R) Notes: 1. In the D-3 zoning district this percentage applies to all sides of the building,not just the front or street facing facade. 2. Parking structures shall be located behind principal buildings. This requirement may be modified so that structures may be located at least 15' from front and corner side lot lines if a minimum of seventy five percent(75%)of the ground floor adjacent to a sidewalk is used for retail goods/service establishments, office and/or restaurant space to encourage pedestrian activity.The facades of the ground floor shall be designed to be compatible and consistent with the associated retail or office portion of the building and other retail uses in the area. 92 E. Gateway Districts: Standard (Code Section) District G-MU Ground floor use (%) 80 (21A.37.050.A.1) Ground floor use +visual 70/20 interest(%) (21A.37.050.A.2) Building materials: ground 70 floor(%) (21A.37.050.B.1) Building materials: upper 50 floors (%) (21A.37.050.B.2) Glass: ground floor(%) 60 (21A.37.050.C.1) Glass: upper floors (%) 50 (21A.37.050.C.2) Reflective Glass: ground floor 0 (%) (21A.37.050.C.1) Reflective Glass: upper floors 50 (%) (21A.37.050.C.2) Building entrances (feet) 40 (21A.37.050.D) Blank wall: maximum length 15 (feet) (21A.37.050.E) Street facing facade: maximum 150 length(feet) (21A.37.050.F) Upper floor stepback(feet) X (21A.37.050.G.1) Lighting: X 1 exterior(21A.37.050.H) Lighting: parking lot XI (21A.37.050.I) Screening of mechanical X equipment(21A.37.050.J) Screening of service areas X (21A.37.050.K) Ground floor residential entrances for dwellings with individual unit entries (21A.37.050.L) 93 Parking garages or structures XZ (21A.37.050.M) Tree canopy coverage (%) 40 (21A.37.050.P.1) Minimum vegetation standards X (21A.37.050.P.2) Street trees (21A.37.050.P.3) X Soil volume (21A.37.050.P.4) X Minimize curb cuts X (21A.37.050.P.5) Overhead cover X (21A.37.050.P.6) Streetscape landscaping X (21A.37.050.P.7) Height transitions: angular X plane for adjacent zone districts (21A.37.050.Q) Horizontal articulation X (21A.37.050.R) Notes: 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 adopted by the city. 2. Parking structures shall be located behind principal buildings. This requirement may be modified so that structures may be located at least 15' from front and corner side lot lines if a minimum of seventy five percent(75%) of the ground floor adjacent to a sidewalk is used for retail goods/service establishments, office and/or restaurant space to encourage pedestrian activity. The facades of the ground floor shall be designed to be compatible and consistent with the associated retail or office portion of the building and other retail uses in the area. 94 F. Special Purpose Districts: Standard District (Code Section) 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(%) (21 A.37.050.B.1) Building materials:upper floors(%) (21 A.37.050.B.2) Glass:ground 40-70 floor(%) (21A.37.050.C.1) Glass:upper floors(%) (21A.37.050.C.2) Building X entrances(feet) (21A.37.050.D) Blank wall: 15 maximum length (feet) (21A.37.050.E) Street facing facade: maximum length (feet) (21 A.37.050.F) 95 Upper floor stepback(feet) (21 A.37.050.G) Lighting: exterior X X X (21A.37.050.H) Lighting:parking X X lot (21A.37.050.I) Screening of X mechanical equipment (21A.37.050.J) Screening of X service areas (21 A.37.050.K) Ground floor residential entrances (21A.37.050.L) Parking garages or structures (21A.37.050.M) Tree canopy coverage(%) (21A.37.050.P.1) Minimum vegetation standards (21A.37.050.P.2) Street trees (21A.37.050.P.3) Soil Volume (21A.37.050.P.4) Minimize curb cuts (21A.37.050.P.5) 96 Overhead cover (21A.37.050.P.6) Streetscape landscaping (21A.37.050.P.7) Height transitions: angular plane for adjacent zone districts (21A.37.050.Q) Horizontal articulation (21A.37.050.R) 97 G. Form Based Districts: District Standard (Code Section) FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Ground floor use (%) 75 75' 75 75 (21A.37.050.A.1) Ground floor use + visual interest (%) (21A.37.050.A.2) Building materials: ground 70 70 70 70 70 floor (%) (21A.37.050.B.3) Building materials: upper 70 70 70 70 70 floors (%) (21A.37.050.B.4) Glass: ground floor (%) 601 601 601 601 601 (21A.37.050.C.1) Glass: upper floors (%) 15 15 15 15 15 (21A.37.050.C.2) Reflective Glass: ground floor (%) (21A.37.050.C.1) Reflective Glass: upper floors (%) (21A.37.050.C.2) Building entrances (feet) 75 75 75 75 75 (21A.37.050.D) Blank wall: maximum length 15 15 30 30 30 (feet) (21A.37.050.E) Street facing facade: 200 200 200 200 200 maximum length (feet) (21A.37.050.F) Upper floor step back (feet) X X X X (21A.37.050.G.4) Lighting: exterior X X X X X (21A.37.050.H) Lighting: parking lot X X X (21A.37.050.I) Screening of mechanical X X X equipment (21A.37.050.J) 98 Screening of service areas X X X2 (21A.37.050.K.1) Ground floor residential X X X entrances for dwellings with individual unit entries (21A.37.050.L) Parking garages or structures X X X X X (21A.37.050.M) Tree canopy coverage (%) 40 40 40 (21A.37.050.P.1) Minimum vegetation standards X X X (21A.37.050.P.2) Street trees (21A.37.050.P.3) X X X X X Soil volume (21A.37.050.P.4) X X X Minimize curb cuts X X X (21A.37.050.P.5) Overhead cover (21A.37.050.P.6) Streetscape landscaping X X X (21A.37.050.P.7) Height transitions: angular X X X plane for adjacent zone districts (21A.37.050.Q) Horizontal articulation X X X (21A.37.050.R) Notes: 1. This may be reduced to twenty percent(20%) if the ground floor is within one of the following building types: urban house, two-family, cottage, and row house. 2. Except where specifically authorized by the zone. 3. For buildings with street facing facades over 100' in length, a minimum of 30% of the fagade length shall be an"active use" as defined in Subsection 21A.37.050.A.1. Except for the rowhouse building form, residential units shall not count as an"active use"toward the 30%minimum. 99 SECTION 12. Amending the Text of Section 21A.44.060. That Section 21A.44.060 of the Salt Lake City Code(Zoning: Off Street Parking, Mobility and Loading), shall be and hereby is amended to read as follows: 21A.44.060: 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 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 Corner Side Interior Side Rear Lot Line Lot Line Lot Line Lot Line GENERAL CONTEXT Residential(FR Districts,RIB,RMF,RO) FR N 6 ft. R-1, R-2, SR-1, Parking in driveways that comply with 0 ft. all applicable city standards is exempt 100 SR-2 from this restriction. 0 ft.; or 10 ft. when abutting any 1-2 family RMF-30 residential district 0 ft.; or 10 ft. 0 ft. when abutting N any 1-2 family RMF-35, RMF- residential 45, RMF-75, district. Limited RO to 1 side yard except for single- family attached lots. Commercial and Manufacturing (CC, CS, CG, M-1, M-2, SNB) CC 0 ft.; or 7 ft. when abutting any 15 ft. residential district CS 0 ft.; or 15 ft. when abutting any residential district CG N. See also Subsection 21A.26.070.I M-1 M-2 15 ft. 0 ft.; or 50 ft. when abutting any residential district Special Purpose Districts A 0 ft. AG, AG-2, AG- 0 ft. 5' N AG-20 BP 8 ft.; or 30 ft. when abutting any residential district EI 10 ft. 30 ft. 30 ft. 20 ft. 101 FP 6 ft. 0 ft. 1 20 ft. 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 Limited to 1 side 0 ft.; or 10 ft. yard, 0 ft.; or when Surface Parking: N 10 ft. when abutting any R-MU-35, R- Parking Structures: 45' or located abutting any 1-2 1-2 family MU-45 behind principal building family residential residential district district RB, SR-3, FB- UN 1' N 0 ft. FB-SE URBAN CENTER CONTEXT CSHBDI 0 ft.; or 7 ft. when abutting any residential district N CSHBD2 0 ft.; or 7 ft. when abutting any 1-2 family residential district D-2 Surface Parking: N 0 ft. Surface parking must be located behind the principal structure and comply with other requirements of Subsection 102 21A.30.010.F Parking Structures: N Surface Parking: 25 ft. or located MU behind principal structure 0 ft.; limited to 1 0 ft. Parking Structures: 45 ft. or located side yard behind principal structure TSA-T See Subsection 21A.44.060.B.2 0 ft. TRANSIT CONTEXT D-1 See Subsection 2 1 A.44.060.B.1 D-3 D-4 See Subsections 21A.44.060.B.1, 21A.30.010.F and 21A.31.010.H G-MU 0 ft. FB-UN2, FB- N UN3, FB-SC TSA-C See Subsection 21A.44.060.B.2 0 ft.; or 10 ft. when abutting any 1-2 family residential 0 ft.; or 10 ft. district when Surface Parking: 30 ft. abutting any R-MU Parking Structures: 45 ft. or located 1-2 family behind principal structure Surface parking residential at least 30 ft. district from front lot line. 0 ft.; or 15 ft. 0 ft.; or 15 ft. when abutting when any 1-2 family abutting any residential 1-2 family district; residential UI 0 ft; Hospitals: 30 ft. Hospitals: 10 ft. district; Hospitals: 10 ft. 103 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 2 1 A.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 General 600 ft. 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. 104 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. (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 curb cut, and lots with one hundred feet (100') of street frontage or more shall be limited to two 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. 105 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: Minimum Driveway Width Maximum Driveway (in front and corner side Width* Zoning District yard) (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. 50 ft. for two-way Other Non-Residential Zoning 12 ft. single lane and 24 ft. 30 ft. Districts for two-way * Maximum width is for all driveways combined when more than one driveway is provided (3) Shared Driveways: Shared driveways, where two or more properties share one 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. 106 (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 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. 107 (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 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 facade 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 facade 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 facade 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 permitted or conditional use, other than parking, to be located where the parking garage is located. 108 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 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 required spaces may be included in the tandem parking layout; and b. Each set of two 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: 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. Above-ground parking facilities located within the block corner areas and on Main Street, shall be located behind principal buildings and: (1) All above-ground parking facilities that front a street shall contain uses other than parking along the entire length of the building fagade and along all stories or levels of the building. (2) 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. b. Parking garages shall meet the following: (1) 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 the building and other retail uses in the area. (2) Levels of parking above the first level facing the front or corner side lot line 109 shall have floors and/or facades that are horizontal, not sloped. (3) Landscape Requirements: Surface parking lots, where allowed shall have a 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 rows of parking and one 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 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: 110 (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 to a street, the parking lot shall be setback 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. d. Off street parking for police services are exempt from landscape setback dimensions when off street parking is necessary for a police substation located in an existing building. This exemption permits parking for emergency vehicles when the landscape setback also fulfills any requirement for open space area on the property. The extent of the exemption shall be the minimum necessary to accommodate the necessary parking. If the police substation use vacates the space, the landscaping that was removed, if any, shall be restored in a manner that complies with the applicable regulations in place at the time the use ceases. 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 recreational vehicles of any type. III 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. SECTION 13. Amending the Text of Chapter 21A.59. That Chapter 21A.59 of the Salt Lake City Code(Zoning: Design Review), shall be and hereby is amended to read as follows: CHAPTER 21A.59 DESIGN REVIEW SECTION: 21A.59.010: Purpose Statement 21A.59.020: Authority 21A.59.030: Design Review Process 21A.59.040: Scope of Modifications Authorized 21A.59.045: Design Review Standards Applicability 21A.59.050: Standards for Design Review 21A.59.060: Time Limit on Approved Applications for Design Review 21A.59.070: Effect of Approval of Applications for Design Review 21A.59.080: Modifications to Approved Design Review Plans 21A.59.010: PURPOSE STATEMENT: 112 The purpose of the design review chapter is to: a) establish a process and standards of review for minor modifications to applicable design standards, and b) ensure high quality outcomes for larger developments that have a significant impact on the city. The intent of the process to review applications for minor modifications to applicable design standards is to allow some flexibility in how the design standards are administered by recognizing that this title cannot anticipate all development issues that may arise. The intent of the process to review larger developments is to verify new developments are compatible with their surroundings, impacts to public infrastructure and public spaces are addressed, and that new development helps achieve development goals outlined in the adopted master plans of the city as identified in the purpose statements of each zoning district. 21A.59.020: AUTHORITY: Design review shall be required pursuant to the provisions of this chapter for developments and alternate building and site design features as specified within individual zoning districts before building permits may be issued. A. Administrative Review: The planning director may approve, approve with modifications, deny or refer to the planning commission modifications to specific design standards when proposed as new construction, an addition or modification to the exterior of an existing structure, or a modification to an existing structure as authorized in Section 21A.59.040, Table 21A.59.040 of this chapter or when authorized in the specific zoning district. 1. The director shall approve a request to modify a design standard if the director finds that the proposal complies with the purpose of the individual zoning district, the purpose of the individual design standards that are applicable to the project, the proposed modification is compatible with the development pattern of other buildings on the block face or on the block face on the opposite side of the street, and the project is compliant with the applicable design review objectives (Section 21A.59.050 of this chapter). 2. The director may approve a request to modify a design standard with conditions or modifications to the design if the director determines a modification is necessary to comply with the purpose of the base zoning district, the purpose of the applicable design standards of the base zoning, to achieve compatibility with the development pattern of other buildings on the block face or on the block face on the opposite side of the street, or to achieve the applicable design review objectives. 3. The director shall deny a request to modify a design standard if the design does not comply with the purpose of the base zoning district, the purpose of the applicable design standards or the applicable design review objectives and no modifications or conditions of approval can be applied that would make the design comply. 4. The director may forward a request to modify a design standard to the planning commission if the director finds that the request for modification is greater than allowed by this chapter, a person receiving notice of the proposed modification can 113 demonstrate that the request will negatively impact their property, or at the request of the applicant if the director is required to deny the request as provided in this section. B. Planning Commission Review: The following types of applications shall be reviewed by the planning commission. If an application for design review is not listed below, it shall be eligible for administrative review as outlined in Subsection A of this section: 1. All projects where planning commission review is required in the specific zoning district. 2. All projects that include a request for additional building height or a reduction to a minimum height requirement; 3. All projects that request additional square footage when authorized in the specific zoning district; 4. All projects that have applied for a modification of base zoning design standards but could not be approved administratively because they exceed limits identified in Section 21A.59.040, Table 21A.59.040 of this chapter. 5. Projects in the TSA Transit Station Area District that have a development score that requires planning commission review and approval. C. Planning Commission Decisions: When reviewing design review applications, the planning commission may take any of the following actions: 1. The commission shall approve a project if it finds that the proposal complies with the purpose of the zoning district and applicable overlay district(s), the purpose of the individual design standards that are applicable to the project, and the project is compliant with the applicable design review objectives found in this chapter. 2. The commission may approve a project with conditions or modifications to the design if it determines a modification is necessary to comply with the purpose of the base zoning district, the purpose of the applicable design standards of the base zoning, or the applicable design review objectives. 3. The commission shall deny the design of a project if the design does not comply with the purpose of the base zoning district, the purpose of the applicable design standards or the applicable design review objectives and no modifications or conditions of approval can be applied that would make the design comply. D. H Historic Preservation Overlay District: Modifications to design standards for properties within an H Historic Preservation Overlay District are subject to the processes and applicable standards outlined in Section 21A.34.020 of this title and not this chapter. 21A.59.030: DESIGN REVIEW PROCESS: A. Presubmittal Meeting: A presubmittal meeting with planning staff is recommended prior to submitting an application for design review to ensure a detailed understanding of the application submission requirements and design review process. 114 B. Complete Application: The design review application is considered complete when it includes all of the following: 1. All of the application information required for site plan review as identified in Chapter 21A.58 of this title. 2. Photos showing the facades of adjacent development, trees on the site, general streetscape character, and views to and from the site. 3. Demonstration of compliance with the purpose of the individual zoning district in written narrative and graphic images. 4. Demonstration of compliance with the purpose of the applicable design standards of the individual zoning district in written narrative, graphic images, and relevant calculations. 5. Demonstration of compliance with the applicable design review objectives (Section 21A.59.060 of this chapter) in written narrative, graphics, images, and relevant calculations. 6. The zoning administrator may waive a submittal requirement if it is not necessary in order to determine if a request for a modification to a design standard complies with the standards of review. C. Public Notification and Engagement: 1. Notice of Application for Administrative Review: Prior to the approval of an administrative decision for a modification to a specific design standard, the Pplanning director shall provide written notice as provided in Chapter 21A.10 of this title. 2. Required Notice for Planning Commission Review: a. Applications subject to planning commission review of this chapter are subject to notification requirements of Chapter 2.60 of this code. b. Any required public hearing is subject to the public hearing notice requirements found in Chapter 21A.10 of this title. 21A.59.040: SCOPE OF MODIFICATIONS AUTHORIZED: A. The authority of the planning director through the design review process shall be limited to modification of the specific element referenced within each zoning district. For planning director review, the design standards of the applicable zoning district(see Chapter 2 IA.37, "Design Standards", of this title), may be modified according to the following table. TABLE 21A.59.040 115 Design Standards Primary Modification Secondary Modification Allowed Allowed A. Ground Floor Use and Visual Interest: 1. Ground floor use only Length: 10% Depth: 20% 2. Ground floor use and visual interest planning commission only B. Building Materials: 1. Ground floor building materials planning commission only 2. Upper floor building materials planning commission only C. Glass: 1. Ground floor glass 10% 2. Upper floor glass 10% D. Building Entrances 10% E. Maximum Length of Blank Wall 10% F. Maximum Length of Street- Facing 10% Facades G. Upper Floor Stepback: 1. For street facing facades 20% 2. For facades facing single- or two- planning commission family residential districts only B. The planning commission may consider modifications that exceed allowances listed in this section or any other design standard modification authorized in the base zoning district or Chapter 21A.37 of this title. 21A.59.045: DESIGN REVIEW STANDARDS APPLICABILITY: A. Design Review applications shall be reviewed for compliance with the design review standards of Section 21A.59.050, as follows: 1. General Modification Requests: Applications to modify a design standard in Chapter 21A.37, or other zoning standard specifically authorized for modification through design review, shall be reviewed for compliance with the design review standards that are directly related to the purpose of the associated regulation requested for modification. 116 2. Additional Height or Square Footage Requests: Applications required to go through design review due to a height or square footage regulation shall be reviewed for compliance with all design review standards. 3. Transit Station Area Requests: For properties in a Transit Station Area District, applications required to go through design review due to not meeting the minimum points for administrative approval shall be reviewed for compliance with all design review standards. 4. All Other Requests: Any application not covered by Subsections 1 through 3 above, shall be subject to review for compliance with all design review standards. B. Exception: For those applications required to be reviewed against all design review standards, if an application complies with a standard in the base zoning district or with an applicable requirement in Chapter 21A.37 of this title, and that standard is directly related to a standard found in this section, the planning commission shall find that application complies with the specific standard for design review found in this section. 1. If there is no directly related zoning district standard or applicable requirement in Chapter 21A.37 of this title related to the design review standard, then the design review standard applies, and the commission shall not by default make the above finding. C. Alternatives: An applicant may propose an alternative to a standard for design review provided the proposal is consistent with the intent of the standard for design review. 21A.59.050: STANDARDS FOR DESIGN REVIEW: A. Any new development shall comply with the intent of the purpose statement of the zoning district and specific design regulations found within the zoning district in which the project is located as well as the city's adopted"urban design element" and adopted master plan policies and design guidelines governing the specific area of the proposed development. B. Development shall be primarily oriented to the sidewalk, not an interior courtyard or parking lot. I. Primary entrances shall face the public sidewalk(secondary entrances can face a parking lot). 2. Building(s) shall be sited close to the public sidewalk, following and responding to the desired development patterns of the neighborhood. 3. Parking shall be located within, behind, or to the side of buildings. C. Building facades shall include detailing and glass in sufficient quantities to facilitate pedestrian interest and interaction. 117 1. Locate active ground floor uses at or near the public sidewalk. 2. Maximize transparency of the street facing facades by prohibiting covering the ground floor glass with reflective treatments, interior walls, and other similar features that prevent passers-by from seeing inside of the building for non-residential uses. 3. Use or reinterpret traditional storefront elements like sign bands, clerestory glazing, articulation, and architectural detail at window transitions. 4. Locate outdoor dining patios, courtyards,plazas, habitable landscaped yards, and open spaces so that they have a direct visual connection to the street and outdoor spaces. D. Large building masses shall be divided into heights and sizes that relate to human scale. I. Relate building scale and massing to the size and scale of existing and anticipated buildings, such as alignments with established cornice heights,building massing, step-backs and vertical emphasis. 2. Modulate the design of a larger building using a series of vertical or horizontal emphases to equate with the scale (heights and widths) of the buildings in the context and reduce the visual width or height. 3. Include secondary elements such as balconies,porches, vertical bays, belt courses, fenestration and window reveals. 4. Reflect the scale and solid-to-void ratio of windows and doors of the established character of the neighborhood or that which is desired in the master plan. E. Building facades that exceed a combined contiguous building length of two hundred feet (200') shall include: I. Changes in vertical plane (breaks in facade); 2. Material changes; 3. Massing changes; 4. A minimum of 80% of the ground floor must be used for active, publicly accessible uses. Active uses are those that promote an active pedestrian environment through inclusion of uses that capture the attention of a passer-by. This includes retail establishments, retail services, civic spaces (theaters, museums, etc), restaurants,bars, art and craft studios, and other uses determined to be substantially similar by the planning director and/or commission; and 5. Stepback must be a minimum of 10' from the base of the building. This allows the base to be the primary defining element for the site and the adjacent public realm, reducing wind impacts, and opening sky views. The maximum height of the base of a proposed building should be equal to the width of the right of way if allowed in the zoning district to provide sufficient enclosure for the street without overwhelming the street. The minimum height of the base must be at least two stories. 118 A building over 200' in width shall include necessary separation from property lines to minimize the impact of shadows and development rights of adjacent properties. F. If provided,privately-owned public spaces shall include at least three of the six following elements: 1. At least one sitting space for each 250 square feet shall be included in the plaza. Seating shall be a minimum of 16" in height and 30" in width. Ledge benches shall have a minimum depth of 30'; 2. A mixture of areas that provide seasonal shade; 3. Trees in proportion to the space at a minimum of one tree per 800 square feet, at least 2" caliper when planted; 4. Water features or public art; 5. Outdoor dining areas; and 6. Other amenities not listed above that provide a public benefit. G. Building height shall be modified to relate to human scale and minimize negative impacts. In downtown and in the CSHBD Sugar House Business District, building height shall contribute to a distinctive city skyline. 1. Human scale: a. Utilize stepbacks to design a building that relate to the height and scale of adjacent and nearby buildings, or where identified, goals for future scale defined in adopted master plans. b. The minimum stepback for any building located in a zoning district that does not contain an upper level stepback provision shall be 10'. This stepback is only required for applications requesting additional height when authorized in the underlying zoning district. The stepback shall be applied to the first full floor of the building that is seeking the request for additional height. c. For buildings more than three stories or buildings with vertical mixed use, compose the design of a building with distinct base, to reduce the sense of apparent height. 2. Negative impacts: All buildings seeking additional height as authorized in the underlying zoning district shall be subject to the following standards: a. Modulate taller buildings vertically and horizontally so that it steps up or down to its neighbors. b. Minimize shadow impacts of building height on the public realm and semi-public spaces by varying building massing. Demonstrate impact from shadows due to building height for the portions of the building that are subject to the request for additional height. 119 c. Modify tall buildings to minimize wind impacts on public and private spaces, such as the inclusion of a wind break above the first level of the building. d. Design and orient to prevent snow, ice, or water from falling directly onto a public sidewalk,public space, neighboring property, or directly onto the walkway leading to the building entrance. 3. Cornices and rooflines: a. Cohesiveness: Shape and define rooflines to be cohesive with the building's overall form and composition. The roofline and architectural detailing, including cornices, shall be complimentary to the structure's scale, material, color, and form and create a change in plane of at least 6 inches, a change in material, utilizing at least one visible sloping plan along a minimum of 50% of the roofline on building elevations facing a street, or a change in material orientation to define the roof line of the building. b. Green Roof and Roof Deck: Include a green roof and/or accessible roof deck to support a more visually compelling roof landscape and reduce solar gain, air pollution, and the amount of water entering the stormwater system. H. Parking and on site circulation shall be provided with an emphasis on making safe pedestrian connections to the sidewalk, transit facilities, or midblock walkway. Parking is encouraged to be behind the principal building and away from pedestrian walkways. Parking lots and structures shall be setback a minimum of 25' from required midblock pedestrian access locations or as required in the underlying zoning district if the underlying zoning requires a larger setback. I. Waste and recycling containers, mechanical equipment, storage areas, and loading docks shall be fully screened from public view and, for buildings with only one street-facing frontage, are prohibited from being located along street-facing facades. They shall incorporate building materials and detailing compatible with the building being served and shall be co-located with driveways unless prohibited by the presence of a street tree, public infrastructure, or public facility within the right of way. Service uses may be located within the structure. (See Subsection 21A.37.050.K of this title.) J. Signage shall emphasize the pedestrian/mass transit orientation. 1. Define specific spaces for signage that are integral to building design, such as commercial sign bands framed by a material change, columns for blade signs, or other clearly articulated band on the face of the building. 2. Coordinate Signage locations with appropriate lighting, awnings, and other projections. 3. Coordinate sign location with landscaping to avoid conflicts. 120 K. Lighting shall support pedestrian comfort and safety, neighborhood image, and dark sky goals. 1. Provide street lights as indicated in the Salt Lake City Lighting Master Plan. 2. Outdoor lighting should be designed for low-level illumination and to minimize glare and light trespass onto adjacent properties and uplighting directly to the sky. 3. Coordinate lighting with architecture, signage, and pedestrian circulation to accentuate significant building features, improve sign legibility, and support pedestrian comfort and safety. L. Streetscape improvements shall be provided as follows: 1. One street tree chosen from the street tree list consistent with the city's urban forestry guidelines and,with the approval of the city's urban forester, shall be placed for every 30' of property frontage on a street. Existing street trees removed as the result of a development project shall be replaced by the developer with trees approved by the city's urban forester. 2. Hardscape (paving material) shall be utilized to differentiate privately-owned public spaces from public spaces. Hardscape for public sidewalks shall follow applicable design standards. Permitted materials for privately-owned public spaces shall meet the following standards: a. Use materials that are durable (withstand wear,pressure, damage), require a minimum of maintenance, and are easily repairable or replaceable should damage or defacement occur. b. Where practical, as in lower-traffic areas,use materials that allow rainwater to infiltrate into the ground and recharge the water table. c. Limit contribution to urban heat island effect by limiting use of dark materials and incorporating materials with a high Solar- Reflective Index (SRI). d. Utilize materials and designs that have an identifiable relationship to the character of the site, the neighborhood, or Salt Lake City. e. Use materials (like textured ground surfaces) and features (like ramps and seating at key resting points) to support access and comfort for people of all abilities. f. Asphalt shall be limited to vehicle drive aisles. 21A.59.060: TIME LIMIT ON APPROVED APPLICATIONS FOR DESIGN REVIEW: No design review approval shall be valid for a period longer than one year from the date of approval unless a building permit is issued or a complete building plans and building permit applications have been submitted to the Division of Building Services and Licensing. An extension of one year may be granted by the entity that approved the application. Extension requests must be submitted prior to the expiration of the design review approval. 121 21A.59.070: EFFECT OF APPROVAL OF APPLICATIONS FOR DESIGN REVIEW: A. The approval of a design review application shall authorize the preparation, filing and processing of applications for any permits or approval that may be required by the city, including, but not limited to, a building permit. B. Following the approval of a design review application, any future alteration to the property, building or site shall comply with the approved design review application unless a modification is approved subject to the process outlined in this chapter. 21A.59.080: MODIFICATIONS TO APPROVED DESIGN REVIEW PLANS: A. Minor Modifications: The planning director may authorize minor modifications to approved design review applications as listed below. 1. Dimensional requirements that are necessary in order to comply with adopted building codes, fire codes, or engineering standards. The modification is limited to the minimum amount necessary to comply with the applicable building code, fire codes, or engineering standard. 2. Minor changes to building materials provided the modification is limited to the dimension of the material, color of material, or texture of material. Changes to a different material shall not be considered a minor modification. 3. Modifications other than those listed in Subsections 1 and 2 that comply with an applicable standard in this Title provided the standard was not subject to a requested modification as part of this process or any other process authorized by this title and does not conflict with a specific condition of approval or a finding associated with the approval. B. Other Modifications: Any other modifications not listed in Subsection A of this section shall be processed as follows: 1. If the proposed modification does not require a change to a condition of approval or a finding that was identified in a staff report or record of decision the matter may be reviewed by the planning commission, or in the case of administrative approvals, by the planning director, as a reconsideration of that specific modification subject to a public hearing for planning commission decisions or a notice of application for administrative approvals. 2. Any other modification shall require a new application and be subject to all required processes and standards. 122 SECTION 14. Amending the Text of Subsection 21A.27.050.D (Contingent on Adoption of the FB-UN3 District). That, if Subsection 21A.27.050.D of the Salt Lake City Code(Zoning: Form Based Districts: FB-UN1, FB-UN2, and FB-UN3 Form Based Urban Neighborhood District) is adopted by the date of the City Council adopting this ordinance, that subsection shall be and hereby is amended to read as follows: 21A.27.050.D. FB-UN3 Building Form Standards: Building form standards for each allowed building form and other associated regulations for the FB-UN3 zone are listed in the below tables of this section. 1. Row House Building Form Standards: TABLE 21A.27.050.D.1 Building Regulation for Building Form: Regulation Row House H Height Maximum of 40'. All heights measured from established grade. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. F Front and Minimum 5'. Maximum 10',unless a greater setback is required due to Corner Side existing utility easements in which case the maximum setback shall be at Yard the edge of the easement. May be modified through Design Review Setback (Chapter 21A.59). S Interior Side Minimum of 5' between row house building form and side property line, Yard except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30' or less, then the minimum shall be 10'. For the purpose of this regulation, an alley that is a minimum of 10' in width that separates a subject property from a different zoning district shall not be considered adjacent. No setback required for common walls. R Rear Yard Minimum of 5' between row house building form and rear property line, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30' or less, then the minimum is 20'. For the purpose of this regulation, an alley that is a minimum of 10' in width that separates a subject property from a different zoning district shall not be considered adjacent. U Uses Per Residential on all stories; live/work units permitted on ground level. Story 123 GU Ground The required ground floor use space facing 900 South must be occupied Floor Use by a live/work space at least 25' in depth. Dimensions may be modified on 900 through Design Review(Chapter 21A.59). South E Entry Each dwelling unit must include an allowed entry feature. See Table Feature 21A.27.030B for allowed entry features. Dwelling units adjacent to a street must include an entry feature on street facing fagade. Pedestrian connections, as per Subsection 21A.27.030.C.5,with minimum 5' width are required for each required entry feature. U Upper Level When adjacent to a lot in a zoning district with a maximum building Stepback height of 30' or less, the first full floor of the building above 30' shall step back 10' from the building fagade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. OS Open Space Each dwelling unit shall include a minimum open space area that is equal Area to at least 25% of the footprint of the individual unit, subject to all other open space area requirements of Subsection 21A.27.030.C.1 "Open Space Area."A minimum of 20% of the required open space area shall include vegetation. BF Building Multiple buildings may be built on a single lot provided all of the Forms Per buildings have frontage on a street. All buildings shall comply with all Lot applicable standards. SO Side/Interior Dwelling units not located directly adjacent to a street are permitted, Orientation provided the design standards for glass are complied with on the fagade with the required entry feature. Lots for individual row house dwelling units without public street frontage are allowed subject to recording a final subdivision plat that: 1. Documents that new lots have adequate access to a public street by way of easements or a shared driveway; and 2. Includes a disclosure of private infrastructure costs for any shared infrastructure associated with the new lot(s)per Section 21A.55.110 of this title. MW Midblock If a midblock walkway is shown in an adopted city plan on the subject Walkway property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10' wide and include a minimum 6' wide unobstructed path. DS Design See Section 21A.27.030 and Chapter 21A.37 for other applicable Standards building configuration and design standards. 124 2. Multi-Family Residential, Storefront, and Vertical Mixed-Use Building Form Standards: TABLE 21A.27.050.D.2 Building Regulation for Building Forms: Regulation Multi-family Residential/Storefront/Vertical Mixed Use H Height Maximum height of 125'. All heights measured from established grade. Buildings in excess of 85' require design review in accordance with Chapter 21A.59. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. GH Ground Minimum ground floor height 14'. Floor Height F Front and No minimum is required; however, doors are prohibited from opening Corner into the public right of way. Maximum 10' unless a greater setback is Side Yard required due to existing utility easements in which case the maximum Setback setback shall be at the edge of the easement. May be modified through Design Review process (Chapter 21A.59). B Required Minimum of 50% of street facing facade shall be built within 5' of the Build-To front or corner side property line. May be modified through Design Review process (Chapter 21A.59). S Interior No minimum required, except when an interior side yard is adjacent to a Side Yard zoning district that has a maximum permitted building height of 30' or less, then the minimum shall be 10'. For the purpose of this regulation, an alley that is a minimum of 10' in width that separates a subject property from a different zoning district shall not be considered adjacent. R Rear Yard No minimum required, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30' or less, then the minimum is 20'. For the purpose of this regulation, an alley that is a minimum of 10' in width that separates a subject property from a different zoning district shall not be considered adjacent. GU Ground The required ground floor use space facing 900 South shall be limited to Floor Use the following uses: retail goods establishments, retail service on 900 establishments, public service portions of businesses,restaurants, South taverns/brewpubs, bar establishments, art galleries, theaters, or performing art facilities. E Ground Ground floor dwelling units adjacent to a street must have an allowed Floor entry feature. See Table 21A.27.030B for allowed entry features. Dwelling Pedestrian connections, as per Subsection 21A.27.030.C.5, are required to Entrances each required entry feature. 125 U Upper When adjacent to a lot in a zoning district with a maximum building Level height of 30' or less, the first full floor of the building above 30' shall step Stepback back 10' from the building facade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. M Midblock If a midblock walkway is shown in an adopted city plan on the subject W Walkway property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10' wide and include a minimum 6' wide unobstructed path. BF Building Multiple buildings may be built on a single lot provided all of the Forms Per buildings have frontage on a street. All buildings shall comply with all Lot applicable standards. OS Open A minimum of 20% of the required open space area shall include Space vegetation. Vegetation LB Loading Maximum of one (1) loading bay on a front facade per street face, subject Bay to all dimensional requirements in Section 21A.44.070. Loading bay entry width limited to 14' and must be screened by garage door. One loading bay driveway is allowed in addition to any other driveway allowances. DS Design See Section 21A.27.030 and Chapter 21A.37 for other applicable building Standards configuration and design standards. SECTION 15. 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 , 2023. CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on 126 Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER (SEAL) APPROVED AS TO FORM Bill No. of 2023. Salt Lake City Attomey's Office Date: De emb r 21, 2022 By: Pa 1 C. ielso Senior City Attorney 127 TABLE OF CONTENTS 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Clean Ordinance 5. Public Comment Received After Planning Commission Staff Report was Published 6. Proposed Graphic Changes 7. Proposed Amendments to Off-Street Parking 8. Mailing List 1) PROJECT CHRONOLOGY Petition: PLNPCM2022-00529 December 10, 2020 Salt Lake City Corporation applies for a Transportation and Land Use Connection Grant from Wasatch Front Regional Council. March 15, 2021 Salt Lake City awarded the Transportation and Land Use Connection Grant. October 15, 2021 Design Workshop tours SLC November 30, 2021 Design Workshop and SLC Planning Division held a stakeholder meeting with the local development community. December 1, 2021 Design Workshop and SLC Planning Division held a stakeholder meeting with the Neighborhood Councils and Downtown Development Committee. December 2, 2021 Design Workshop and the SLC Planning Division held a stakeholder meeting with an ADA community representative group. January 17, 2022 A public visual preference survey was advertised on Facebook, Instagram and Twitter. January 19, 2022 Design Workshop held a stakeholder meeting with the Downtown Alliance. May 9, 2022 The proposed code changes were posted to the Planning Division's Online Open House webpage. May 13, 2022 An informational postcard was mailed to approximately 1,700 property owners within the study area informing them of the study and providing them with a QR code to obtain more information. June 1, 2022 The Planning Division presented an update to the Downtown Development Committee. June 8, 2022 Design Workshop briefs Salt Lake City Planning Commission August 24, 2022 Planning Commission forwards a positive recommendation to City Council 2) NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2022-00529—A petition initiated by Mayor Erin Mendenhall to amend the Salt Lake City Zoning Code for the Downtown Building Height and Street Activation Text Amendment. This proposal includes amendments to the following zoning districts: D-1, D-2,D-3,D-4, CG,FBUN1, and FBUN2. Additionally,the proposed code revisions aim to accommodate growth and respond to new development pressures,while developing standards for public spaces. Changes seek to have a positive impact on human-scale orientation,pedestrian accessibility, and community character. The City Council may consider modifications to other related sections of the code as part of this proposal. DATE: Date#1 and Date#2 TIME: 7:00 p.m. All persons interested and present will be given an opportunity to be heard in this matter. his meeting will be held via electronic means,while potentially also providing for an in person opportunity to attend or participate in the hearing at the City and County Building,located at 451 South State Street,Room 326, Salt Labe City, Utah. If you are interested in participating during the Public Hearing portion of the meeting, please visit the website www.sle.gov/council/virtual-meetings/ or call 801-535-7654 to obtain connection information. 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 Kelsey Lindquist at 385-226-7227 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail Kelse. .l�quistkslcgov.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. 3) ORIGINAL PETITION 41 N.Rio Grande Street,Suite 103 .''j Salt Lake City,UT 84101 � \ ll^ (801)363-4250 www.wfrc.org WASATCH FRONT REGIONAL COUNCIL Jeff Silvestrini,Chair Mayor,Millcreek Jeff Scott,Vice Chair Commissioner,Box Elder County Mark Allen Mayor,Washington Terrace March 15, 2021 Len Arave Dear Salt Lake City: Mayor,North Salt Lake Ron Bigelow Mayor,West Valley The Transportation and Land Use Connection program partners would like to thank you for Mike Caldwell your participation in the program, and we are pleased to inform you that your project will be Mayor,Ogden Robert Dahle receiving funding in the 2021 award year. Mayor,Holladay Jim Harvey Commissioner,Weber County Scoff Jenkins The Downtown Building Height and Public/Ped Space Code Update project will receive an Commissioner,Weber County award of $102,500 contingent upon a local match of $7,500, for a total project budget of Randy Lewis Mayor,Bountiful $110,000. The next step in the process is to sign a Letter of Concurrence, which will be sent Erin Mendenhall Mayor,Salt Lake City to you by your WFRC project manager, who will be assigned in the coming weeks. An invoice Mike Newton Councilmember,Morgan County for the local match will also be sent. Prior to being assigned a project manager, please let me Mark Shepherd know if you have an questions. Mayor,Clearfield Y y Bob Stevenson Commissioner,Davis County Derk Timothy Your project manager will guide you through the process of completing this important effort; Mayor,Bluffdale Troy walker you can become familiar with the next steps here. We hope this award fills a need for your Mayor,Draper Scott Wardle community, and we look forward to seeing this project through to success. Councilmember,Tooele County Jenny Wilson Mayor,Salt Lake County Congratulations, Aimee Winder-Newton Councilmember,Salt Lake County Senator Wayne Harper Utah State Senate Representative Mike Schultz Utah House of Representatives Carlton Christensen Utah Transit Authority Carlos Braceras Megan Townsend Utah Department of Transportation Community and Economic Development Director Dawn Ramsey Wasatch Front Regional Council Utah League of Cities&Towns (801)404-8925 Lorene Kamalu Utah Association of Counties An Bruening //,SALT LAKE Envision Utah °t .✓ m '� i COUNTY Evan Curtis [DI"e; WASATCH FRONT REGIONAL COUNCIL REGIONAL DEVELOPMENT State Planning Coordinator Ai TRANSPORTATION Andrew Gruber AND U T A Executive Director LAND USE CONNECTION \ udot.atah.gov 4) PUBLIC COMMENT RECEIVED AFTER PLANNING COMMISSIONS STAFF REPORT PUBLISHED UTA UTAH TRANSIT AUTHORITY 669 West 2h Salt Lake Cityy,,LIT UT 84101 August 24, 2022 c/o Aubrey Clark,Administrative Secretary Salt Lake City Planning Commission 451 State Street Salt Lake City, UT 84111 RE:Downtown Building Heights&Street Activation Text Amendment Dear Planning Commissioners, The Utah Transit Authority (UTA) is intensely interested in Salt Lake City's effort to assess potential height increases in its downtown zones and would encourage maximizing development potential within the station area,particularly on the parcels immediately adjacent to Salt Lake Central Station. UTA, in collaboration with the Salt Lake City Redevelopment Agency (SLC-RDA), is preparing for the redevelopment of a significant amount of property around North Temple and Salt Lake Central Stations. The concept for Central Station envisions a substantial, mixed-use structure, opposite the Historic Rio Grande Depot, bookending the city's planned 300 South festival street. It will include significant improvements to pedestrian and passenger amenities, providing a drastically improved transit gateway experience to the city. It will also include space for UTA's relocated headquarters, replacing its current building,which is aging and in poor seismic condition. Moving UTA's administrative functions to Salt Lake Central will build on the development activity along 200 South and the Salt Lake City RDA's plans for properties within the Depot District. Salt Lake Central and the Depot District are at the intersection of the most transit-connected location in the state. To maximize this opportunity, UTA will explore providing additional space beyond its own needs. UTA plans to construct as many additional floors as the city will allow and the market will support. This would capitalize on the transit investments the city and state have made in the neighborhood by encouraging more ridership and decreasing the impact of single occupancy commuter trips into the downtown core. The proposed code changes before the Planning Commission,affecting building heights in the Gateway Mixed Use District, are a positive step in the right direction. However, UTA is concerned that artificially limiting heights near the station will unduly restrain the potential of Salt Lake Central and surrounding development. UTA requests the Planning Commission consider further increasing height allowances, or eliminating height limitations altogether, in this critical location for commercial mixed uses and office before advancing this proposal to City Council. We recognize that the city may desire to retain control, through design review or other means, but feel the benefit to the city and value of increased land use intensity around this regionally significant transit hub warrant additional consideration. Thank you for your consideration. Sincerely, V Carlton J. Christensen Chair of the Board of Trustees ISO 9001:2000 and ISO 14001:2004 1-888-RIDE-UTA www.rideuto.com /,r 5) PROPOSED GRAPHIC CHANGES Graphic 5 I- U C p W aOQ o L] _ ARM 15' -20' Mid Block wallcways 1 The nildblock walkway must be a minimum of fifteen (1 I;) feet and a maximum of twenty ( 0) feet wide, unless otherwise approved, and include a min[mum six ( ) foot wide unobstructed path. 5 Graphic 2 T C23 Parking Setbacks I Surface parking lots shall be located behind the primary structure. 2 I 1 I I 108, i I I � 1 I I 1 1 so' I I 1 # 15'Setback• , 20%of the— ; Building Facade ._# � ,...._.. 20% of the Building Facade PPP --.--,. . .........., lo' Setback 21 .37.050. .1,Upper Floor Step Back 1 A minlmum step back of ten feet (10')for buildings sixty feet (60 to eighty(so'). Twenty percent (20%) of the building facade cast meet the street at the iot line with no step back. 2 A minimum step back of fifteen feet(15')from the property line after the first two (2)to five(5) floors for bttilclings above eighty feet (go') tall.Twenty percent (20%) of the building facade can ineet the street at the lot line with no step back. 12 6) MAILING LIST COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY ,,, ,V I'n u ,,,,, Item Schedule: Briefing:April 4,2023 TO: City Council Members Set Date:April 4,2023 Public Hearing:April 18,2023 FROM: Brian Fullmer Potential Action:May 2,2023 Policy Analyst DATE: April 4,2023 RE: 792 West goo South&875 South 800 West Zoning Map Amendment PLNPCM2022-00587 The Council will be briefed about a proposal to amend the zoning map for parcels at 792 West goo South and 875 South 800 West in City Council District Two from their current M-i(Light Manufacturing)zoning designation to R-MU(Residential/Mixed-Use).The petitioner's stated objective is to construct a fourplex on each of the two vacant parcels.This use is not permitted under current zoning. The parcels are located on the southwest corner of 800 West and goo South.Area zoning is a mix of M-1, R-MU/R-MU-35 (Residential/Mixed-Use), and R-1/5,000 (Single-family Residential)as shown in the zoning map below.Council Members may recall approving a similar zoning change from M-1 to R-MU-35 to a nearby parcel at 805 South 800 West in summer 2022. Most parcels on the east half of the block were rezoned to R-MU a few years ago.The exception is a parcel on the northeast corner of Genesee Avenue and Too West where the Summum religious organization is located.That parcel is zoned M-1. Although zoned M-1,most parcels on the east side of 800 West between 800 South and goo South are single-family residences. Parcels on the west side of 800 West in this area are primarily single-family residences in keeping with their R-1/5,000 zoning. Planning staff discussed the requested zoning designation with the petitioner and encouraged him to consider other zoning districts such as R-MU-35 with what Planning believed have development regulations more compatible with Westside Master Plan policies,and with existing development on surrounding parcels.The petitioner chose to pursue the rezone to R-MU. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCIL.COM P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651 The Planning Commission staff report says the proposed zoning map amendment does not meet three of the four applicable zoning amendment standards(shown in the table later in this report),and Planning staff recommended the Planning Commission forward a negative recommendation to the City Council. The Planning Commission reviewed the proposed zoning map amendment at its February 8, 2023 meeting. Commissioners asked the petitioner why he is not considering R-MU-35 zoning. He said additional setbacks,and parking requirements would make development on these small parcels difficult.The petitioner stated he plans to provide off-street parking,but the lot sizes will not allow one space per dwelling unit required in R-MU-35 zoning. (It is worth noting the City right-of-way extends approximately 12 feet from the sidewalk on the subject parcels.While there is no required front,side yard,or corner side yard setback for multi-family residential uses in the R-MU zoning district,these rights-of-way would effectively function as setbacks if the zoning map amendment is approved by the Council.) The petitioner also stated he voluntarily placed a deed restriction on the parcels limiting building height to 35 feet to minimize impact to nearby single-family homes. Buildings up to 6o feet high are allowed by right in the existing M-1 zoning district and up to 75 feet for residential uses (45 feet for non-residential)within the proposed R-MU zoning. It was mentioned that a deed restriction placed by the property owner could also be removed by him,which would provide little guarantee building heights would be limited to 35 feet. There was a discussion about potentially working with the petitioner on a development agreement to limit building height to 35 feet.The Council could discuss this with the petitioner. The Commission held a public hearing at which no one spoke and voted 6-5 to forward a positive recommendation to the Council.Those who voted in support of the recommendation cited the need for housing,recent rezoning to R-MU of large parcels to the east,and the area master plan is several years old. Commissioners voting against the recommendation expressed concerns with the proposal not meeting three of the four standards for zoning changes,and a hesitance voting to recommend a zoning change without a proposed development and/or plans to consider. 800 South N R-MU-35 I I e0 M-1 w E R-1-5000 Genesee Avenue R-1-5000 0 R-MU - v R-MU-35 R-1-5000 0 M-1 o N N - 900 South 0 W i ! R-1-5 im 000 1 Area zoning map with subiect parcels outlined in red.Note-the green area to the south is the 9-Line Trail. Page 2 Goal of the briefing:Review the proposed zoning map amendments, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1. The Council may wish to ask the petitioner if the proposed dwelling units would be for sale or for rent. 2. The Council may wish to ask the petitioner if he is willing to enter into a development agreement with the City limiting building height to 35 feet. 3. The Council may wish to discuss with the Attorney's office if a stronger tool than a development agreement,such as a restrictive covenant that runs with the land,would provide greater confidence that future developments would not exceed 35 feet. ADDITIONAL INFORMATION Given the subject parcel sizes,it is unlikely a building could be constructed to heights approaching what is allowed under the current M-1 zoning(up to 65 feet), or the proposed R-MU zoning(up to 75 feet for residential use)unless the parcels are combined with adjacent parcels. Under the proposed R-MU zoning designation,minimum lot width is 50 feet for multi-family buildings. The parcels are approximately 29 feet wide. If the request is approved by the Council,the petitioner would need to have planned development approval from the Planning Commission to construct multi-family buildings. The Council is only being asked to consider rezoning the property.No formal site plan has been submitted to the City nor is it within the scope of the Council's authority to review the plans. Because zoning of a property can outlast the life of a building, any rezoning application should be considered on the merits of changing the zoning of that property,not simply based on a potential project. KEY CONSIDERATIONS Planning staff identified two key considerations related to the proposal which are found on pages 4-7 of the Planning Commission staff report and summarized below. For the complete analysis,please see the staff report. Consideration 1-Westside Master Plan Guidance The subject parcels are in the area covered by the Westside Master Plan, adopted in 2014. Planning staff stated: While the Westside Master Plan supports unique and compatible ways to add incremental density through infill development,it states that infill development should adhere to the prevailing development pattern in the immediate area—which in this particular area is predominantly single family residential.New development should not change the character of the neighborhood,rather, it should be a complement to the areas of opportunity identified in the Westside Master Plan. The Planning Commission staff report acknowledges current M-1 zoning allows heights and uses are incompatible with surrounding development and what the master plan calls for.The master plan identifies the subject vacant parcels as appropriate for medium-density rather than high-density housing.The Planning Commission staff report indicated R-MU zoning would allow development incompatible with the specific area. Information from other City plans reviewed for this petition is included in Attachment D(pages 30-32)of the Planning Commission staff report. Page 13 Consideration 2-Compatibility with Adjacent Properties Development along 800 West is primarily single-family residential,with some R-MU-35 on the west side of the street to the north. As noted above,the Planning Commission staff report states existing M-1 zoning is not compatible with surrounding properties,nor is the proposed R-MU zoning designation.The report calls for a zoning district that provides"...attractive,compatible, and moderate density,mixed-use development with an emphasis on pedestrian scale activity while maintaining compatibility with the existing development pattern of the area. ZONING COMPARISON M-1 (Existing) R-MU(Proposed) Maximum Building Height 65 feet 75 feet for residential uses 45 feet for non-residential uses Front Setback 15 feet None required Side Setback Corner side yard:15 feet Corner side yard:None required Interior side yard:none required Interior:None required Rear Setback None required 25%of lot depth but need not exceed 30 feet. Lot Size Minimum lot area: io,000 square feet No minimum required for multi- Minimum lot width:8o feet family residential. (Lots legally existing as of April 12, Minimum lot width:50 feet 1995 are considered legal conforming (Would need planned development for lots.) multi family residential.) Analysis of Factors Attachment E(pages 33-34)of the Planning Commission staff report outlines zoning map amendment standards that should be considered as the Council reviews this proposal.The standards and findings are summarized below.In brief,Planning staff felt the proposed R-MU zoning is potentially higher density,and a more intense land use than is appropriate for the area.Please see the Planning Commission staff report for additional information. Whether a proposed map amendment is consistent Does not Comply with the purposes,goals,objectives,and policies of the city as stated through its various adopted planning documents. Whether a proposed map amendment furthers the Does not comply specific purpose statements of the zoning ordinance. The extent to which a proposed map amendment will Does not comply affect adjacent properties Whether a proposed map amendment is consistent Not applicable with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. Page 4 The adequacy of public facilities and services Complies intended to serve the subject property,including,but not limited to,roadways,parks and recreational facilities,police and fire protection,schools, stormwater drainage systems,water supplies,and wastewater and refuse collection. City Department Review During City review of the petitions,no responding departments or divisions expressed concerns with the proposal,but stated additional review and permits would be required if the property is developed. PROJECT CHRONOLOGY • June 8, 2022-Petition for zoning map amendment received by Planning Division. • June 30, 2022-Petition assigned to Kaitlynn Harris, Principal Planner. • September 21, 2022-Information about petition sent to Poplar Grove and Glendale Community Council Chairs,and surrounding neighbors and property owners. Project posted to City website for an online open house. o The Poplar Grove Community Council provided a letter supportive of the proposed zoning map amendment. • January 27, 2023-Planning Commission public hearing notice posted on property. o Public hearing notice mailed to surrounding neighbors and property owners,and posted to City website. • February 8, 2023-Planning Commission public hearing.The Planning Commission voted 6-5 to forward a positive recommendation to the City Council for the proposed zoning map amendment. • February 8, 2023-Ordinance requested from Attorney's Office. • March 1, 2023-Planning received signed ordinance from the Attorney's Office. • March 10, 2023-Transmittal received in City Council Office. Page 15 y 1 -1taff �_ _.� PLANNING DIVISION ipnWO. DEPARTMENT of COMMUNITY and NEIGHBORHOODS To: Salt Lake City Planning Commission From: Katilynn Harris, Principal Planner,katilynn.harris(cr�slcg0v.cOm, 801-535-6179 Date: February 8, 2023 Re: PLNPCM2022-00587—Zoning Map Amendment Zoning Map Amendment PROPERTY ADDRESS: 792 W 900 S&875 S 800 W PARCEL ID: 5-11-277-009&15-11-277-008 PARCEL SIZE: Total of o.10 acres(approximately 4,561 square feet) MASTER PLAN: Westside Master Plan ZONING DISTRICT: M-1 — Light Manufacturing PROPOSED ZONING DISTRICT: R-MU—Residential/Mixed Use REQUEST: Cameron Broadbent,the property owner,has submitted an application to amend the Zoning Map for two separate vacant parcels located at 792 W 900 S and 875 S 800 W. The requested Zoning Map amendment would rezone the property from M-1(Light Manufacturing)to R-MU(Residential/Mixed Use). The purpose of the requested rezone is to allow for the development residential uses not permitted under the existing zoning district. Future development plans were not submitted with this application. RECOMMENDATION: Based on the information and findings listed in the staff report,it is the Planning Staffs opinion that the request does not meet the applicable standards of approval and therefore recommends that the Planning Commission forward a negative recommendation on to the City Council for consideration. ATTACHMENTS: A. ATTACHMENT A: Zoning&Vicinity Map B. ATTACHMENT B: Applicant Narrative C. ATTACHMENT C: M-1&R-MU Zoning Comparison D. ATTACHMENT D: City Plan Considerations E. ATTACHMENT E: Zoning Amendment Standards F. ATTACHMENT F: Property Photos G. ATTACHMENT G: Public Process&Comments H. ATTACHMENT H: Department Review Comments PLNPCM2022-00587 I February 8,2023 PROJECT DESCRIPTION . u IL r r - .� .ter•.- A. � 1 1 � �" tiR�BiC Fl `Ii Site Context Map The proposal to rezone the property from M-1, Light Quick Facts Manufacturing to R-MU, Residential/Mixed Use is intended to increase the development potential of the property in an Size:0.10 acres(approx.4,561 SF) area of the City transitioning from industrial land uses to Existing Zoning District:M-1,Light residential and mixed uses.The subject parcel is undeveloped, Manufacturing vacant land located on the corner of goo S and 800 W. The proposed Zoning District:R-MU, developer has not proposed a specific development plan as Residential/Mixed Use part of the rezone and does not have any pending building Adjacent Zoning Districts: permits or other development applications for the property. _ M-1 Please refer to Attachment B for a detailed narrative submitted by the applicant for the proposed rezone. The primary purpose for the rezone request is so the applicant will have the ability to develop the properties for residential uses which are not currently permitted under the existing M-1 zoning designation. As stated in the narrative submitted by the applicant, "The property is intended to be used for small multi-family housing, duplex, triplex or fourplex, often referred to as the "missing middle"in Salt Lake City planning documents." Immediate Neighborhood Context The subject property is located approximately gio feet west of Interstate-15 along goo S, one of the gateways to the Westside neighborhoods.The subject site is surrounded by a variety of zoning districts and land uses. See the Neighborhood Zoning Districts image on the following page for more details. PLNPCM2022-00587 2 February 8,2023 M-1 ,, ---- O6 i tt r R-MU-35 ^MU-35 1�1 R-MU-35 G M-1 R-1-5000 \1�. \=r R-MU-35 R-1-5000 • M-1 I M-1 \ ` R-MU-35 R-1-5000 M-1 s.. os r, f R-1-5000 ' M-1 - — M-1 Neighborhood Zoning Districts "I The surrounding properties on the block are zoned M-1. Despite this,the primary land use on the west side of the block is single family residential except for two small commercial/light industrial buildings; one off Genesee Avenue with the other directly east of the subject properties off goo S. Except for two parcels at the northeast corner of the block, which contain a religious facility (Summum)the eastern portion of the block,which is separated by a 24 FT wide public alley,was rezoned from M-1 to R-MU in 2020. Two existing one-story warehouse buildings just east of the public alley in the R-MU zone have recently undergone an adaptive reuse process and are actively seeking commercial tenants. The block to the north of the subject site also contains a mix of zones and uses. Most of the properties are zoned M-1 with the primary uses predominantly light commercial and light industrial except for four single family dwellings located at the southwest corner of the block. A vacant parcel on northwest corner of the block was recently rezoned to from M-1 to R-MU-35 (Residential/Mixed Use)to accommodate the development of residential land uses. Blocks west of the proposed rezone are zoned R-1/5,000 (Single Family Residential) and R-MU- 35 and predominantly consist of single-family homes; blocks to the east on the other side of Interstate-15 are zoned CG(General Commercial). Project Background Planning staff had multiple initial discussions with the applicant both at pre-submittal meetings and following submittal of the application and encouraged the applicant to explore other zoning districts with more compatible development regulations in relation to the surrounding development and consistent with the policies in the Westside Master Plan, however, ultimately the applicant decided to move forward with their request for R-MU. PLNPCM2022-00587 3 February 8,2023 Zoning Map Amendment Considerations Planning staff is required by ordinance to analyze proposed zoning map amendments against existing adopted City policies and other related adopted City regulations. Planning staff is also directed to consider whether zoning map amendments implement best planning practices. Ultimately,however, a decision to amend the zoning map is fully up to the discretion of the City Council and is not subject to any particular standard of review or consideration. The full list of factors for the City Council to consider for a zoning map amendment are found in Attachment E. APPROVAL PROCESS AND COMMISSION AUTHORITY The applicant has submitted a Zoning Map Amendment for the two properties subject to the standards found in 21A.50 of the Zoning Code.The City Council has decision making authority on the submitted Amendment. The Planning Commission provides a positive or negative recommendation to the City Council and, as part of that recommendation,can add conditions or request that changes be made to the proposal. KEY CONSIDERATIONS 9 The key considerations and concerns below have been identified through the analysis of the project, neighbor and community input,and department reviews. 1. Westside Master Plan Guidance 2. Compatibility with Adjacent Properties Consideration 1:Westside Master Plan Guidance For zoning map amendments, Planning Staff is directed by ordinance to consider the associated City master plans and adopted policies that apply to a proposal.Staff reviews general City policies,including adopted policies in Citywide master plans such as Plan Salt Lake,and considers plans that are specific to an area. In this case the property is within the boundaries of the Westside Master Plan that was developed specifically for this area.The full plan can be accessed here:West Side Master Plan. See Attachment D for policy statements and goals from various city plans that staff considered as part of the review of this rezone request. Opportunities that were identified that are proposed in the West Side Master Plan as the primary locations for growth and redevelopment can be categorized in seven distinct geographic areas or types: — Within single family neighborhoods — At significant intersections or nodes — Along the Jordan River — Along the surplus canal — In the community's industrial districts — Public spaces and parks From the geographic areas/types noted above,the two that are most applicable to this project are nodes and industrial districts.The subject property is located along the goo S Gateway between the 700 W Industrial Corridor and the goo S/goo W neighborhood node.The development pattern along the goo S gateway is principally composed of industrial uses on the south side of the street and single family uses on the north side.During the public input process for the Westside Master Plan,residents focused on how the inconsistent development pattern of industrial and residential uses impacts the perception PLNPCM2022-00587 4 February 8,2023 of their community,particularly on goo S.The 700 W Industrial Corridor runs along 700 W from 800 S to 170o S and was specifically identified in the master plan as an area that provides opportunities to diversify uses in the corridor as it makes up the eastern gateway to the Glendale and Poplar Grove neighborhoods. As shown in the image to the right,the subject " J property is nearby, but not within, several +� ! nodes identified in the Westside Master Plan. ( s o o SO U T H Nodes are integrated centers of activities 0 where travel corridors intersect. In the Sunday Anderson Westside,there are four basic types of nodes: Westside Senior C or neighborhood, community, regional, and 9 0 0 U T H r recreation/open space. Within this area, the most significant for this project is the Neighborhood Node at goo S/goo W which 0 subject Property is a block west of the subject property. Q Community Node Per the Westside Master Plan, a • Neighborhood Node Neighborhood Node is defined as: Recreation Node small-scale intersections that incorporate small commercial establishments and residential options. These nodes are easily accessible from the surrounding neighborhoods by foot or bicycle but provide very little parking, as they are not normally major attractions for residents outside of the neighborhood. They are also ideal locations for uses that cater to everyday needs and walking trips such as corner markets,cafes/restaurants, and salons or barbershops. In addition to the definition, the master plan clarifies that these nodes are generally surrounded by single-family homes,therefore,building heights at neighborhood nodes should be limited to 35 feet or three stories. The Westside Master Plan was adopted in 2014. Between 2015 and 2018, Salt Lake City initiated rezones for properties within the Community Node at 800 S/goo W and the Neighborhood Node at goo S/goo W. The properties were rezoned from R-1/5,00o and CB(Community Business)to R-MU- 35,a medium density mixed use district intended to better implement the vision of the master plan for this area. The spaces in between the various nodes and corridors will reflect some of the changes seen in adjacent nodes in order to provide appropriate buffering and transitions. The master plan calls for new development that is compatible without impacting the stability of the community's interior. As stated in 21A.24.170: The purpose of the R MU Residential/Mixed Use District is to reinforce the mixed-use character of the area and encourage the development of areas as high density residential urban neighborhoods containing retail,service commercial,and small-scale office uses. This district is appropriate in areas of the City where the applicable master plans support high density,mixed use development. The proposed R-MU zone would allow for high density development with permitted residential development heights up to 75 Fr and non-residential development heights up to 45 Fr. High density residential and multi-use development is supported by the Master Plan on vacant parcels along the 700 West industrial corridor and at identified regional nodes, such as Redwood Road at 170o S/2100 S. PLNPCM2O22-00587 5 February 8,2023 This project is not within the boo W industrial corridor—it's just west of it along Boo Win an area that is intended to act as a buffer between lower density neighborhoods to the west and higher density to the east adjacent to Interstate 15.This project is not near any regional nodes identified in the Master Plan. While the Westside Master Plan supports unique and compatible ways to add incremental density through infill development, it states that infill development should adhere to the prevailing development pattern in the immediate area — which in this particular area is predominantly single family residential.New development should not change the character of the neighborhood,rather,it should be a complement to the areas of opportunity identified in the West Side Master Plan. It is clear that the existing M-1 zone allows for heights and uses that are not compatible with surrounding development nor the Master Plan goals to promote reinvestment and redevelopment in the Westside community. Staff is of the opinion the location of the proposal may be appropriate for appropriately scaled multi-family infill or low intensity mixed use development,however the proposed R-MU zone would accommodate development which is incompatible with the stated goals for this specific area as discussed above and in the Westside Master Plan. Consideration 2: Compatibility with Adjacent Properties The while the proposed R-MU Zoning District would provide the mix of uses described in the Westside Master Plan,the scale of development possible in the R-MU is not compatible infill for the existing and desired context of the neighborhood. Several considerations have been identified to determine if the proposed rezone is compatible with adjacent properties. Development Characteristics Along goo S The development pattern along this portion goo S is not entirely reflective of the current M-1 zoning development standards.The eastern portion of the block is in the process of redeveloping into the high- density mixed use called for by the recent rezone in that area and supported by the Master Plan along the boo West industrial corridor.The remaining uses of the block are primarily single-family dwellings. In addition,the block directly west of the subject property is zoned R-1/5,000 and is reflective of that zoning district.As goo S approaches the Neighborhood Node,the zoning changes from R-1/5,000 to R-MU-35 which provides a gradual transition into the node and smaller scale retail and locations for appropriately scaled neighborhood services.. The south side of goo S is occupied by industrial uses. However, the g-Line Trail acts as a buffer to those uses while providing active transportation options for the surrounding single-family neighborhood. Development Characteristics Along 800 W The development pattern along 800 W is residential in nature. Four smaller nonconforming single- family parcels are located north of the subject site along the east side of 800 W.These parcels are also located in the M-1 zoning of the block.A similar residential development pattern is found directly west and northwest of the subject site along the west side of 800 W.However,the properties to the west of 800 W are located within the R-MU-35 and R-1/5,000 zoning districts.The residential zoning districts to the west are separated by the 800 W right of way and a large center planting median(approximately 45 feet in width)along the frontage of the subject property and the block. Development Characteristics Along Genesee Ave. PLNPCM2022-00587 6 February 8,2023 As mentioned, the block to the north of the subject site also contains a mix of zones and uses. The development patterns within this block are similar to those surrounding the subject site; small scale industrial uses mixed with single-family homes. Concerning the block on which this project resides, the western half is zoned M-1, and primarily consists of smaller parcels and one story single-family residential dwellings.The eastern portion of the block was rezoned from M-1 to R-MU (Residential Mixed Use) in 2020 with the exception of two parcels located at the northeast corner,which contain a religious facility(Summum). Building Height Compatibility In considering the building height in the surrounding area,the R-1/5,000 zone immediately west and northwest allows a maximum building height of 28 feet. The existing zoning of the block allows a building height of 65 feet by right. The R-MU zone allows a building height of 75 feet by right for residential uses. The tallest building in the neighborhood is approximately 30 feet in height and is located within the M-1 zone directly south of the subject site across goo S. Existing M-1 Zone Proposed R-MU Zone Setbacksll kFront corner side yard setback—15' Front and corner side yard setback-None d rear yard setback-None Interior yard setback-None Rear and setback—25%of lot de th u to 30' Heigh 75'for residential uses 45'for nonresidential uses Open Space None required 20%of lot for residential uses Staff Discussion While Staff acknowledges the existing M-1 zoning district/development regulations are not compatible with the surrounding properties,staff is of the opinion the development standards of the R-MU zoning district are also not compatible with the surrounding properties and the development potential of the area. As mentioned, the parcels included in the proposed rezone are currently underutilized vacant land that is identified in the Master Plan as an appropriate area for medium density housing rather than high density housing. While staff is of the opinion that amending the existing M-1 zoning is appropriate, the new zoning district must provide for attractive, compatible, and moderate density, mixed-use development with an emphasis on pedestrian scale activity while maintaining compatibility with the existing development pattern of the area.For a more detailed comparison of the development regulations for the existing and proposed zoning districts,see Attachment C. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward a negative recommendation to the City Council regarding the proposed map amendment request as the R-MU zone is not compatible with the surrounding prevailing development pattern of single-family detached residential and is not consistent with key policies outlined in the Westside Master Plan. NEXT STEPS 11111 The Planning Commission can provide a positive or negative recommendation for the proposal and as part of a recommendation, can add conditions or request that changes be made to the proposal.The recommendation and any requested conditions/changes will be sent to the City Council,who will hold PLNPCM2022-00587 7 February 8,2023 a briefing and additional public hearing on the proposed zoning changes.The City Council may make modifications to the proposal and approve or decline to approve the proposed zoning map amendment. If the proposed zoning amendment is not approved by the City Council, the property could still be developed under its current M-1 zoning designation, however, the property would not be able to be developed for multi-family residential uses as they are not permitted in the light manufacturing zoning district. If ultimately approved by the City Council, the changes would be incorporated into the official City Zoning map and any new development on the rezoned parcels would be required to follow the regulations of the R-MU zoning district along with any development agreement requirements adopted by the City Council. PLNPCM2022-00587 8 February 8,2023 ATTACHMENT A: Zoning & Vicinity Map .-SEE AVE -ESEE AVE GEWSEE A 847 801 75 R-1-5000 g1: �I 8tl 843 835 823 813 605 —767 � 757 7f5 751 739 3 723 721 717 715 B54 855 631 829 "853 M7 �763�!. B57 R-M 7f0 i 96S � 866 B69 R-1.5000 848 838 842 828 822 816 810 :671 756. 756 750 1746 740 RI-1 872 741 9W S 9p0S 9tb5 SLDS 3 eizee 855 7S5 OS 915 a- _ R3.1 959- R-1.5000 850 846 840 834 828 822 M.16 .11. 607 847 330 ■ Subject Properties M-1,Light Manufacturing District ■ R-MU,Residential/Mixed Use District R-1/5000, Single-Family Residential District ■ OS, Open Space District PLNPCM2022-00587 9 February 8,2023 ATTACHMENT B: Applicant Narrative Zoning Map Amendment Salt Lake City Parcels Involved 15112770080000—875 South 800 West COM 29 FT N OF SW COR LOT 26 CUMMINGS SUB OF BLK 2 PLAT C N 28 FT E 80 FT S 28 FT W 80 FT TO BEG 6665-2026 10243-2811 15112770090000-792 West 900 South S 29 FT OF LOTS 24 25&26 CUMMINGS SUB OF BLK 2 PLAT C 5191-0980 6038-0771 6050-1172 6665-2032 10243-2813 1. Proiect Description This proposal to amend the zoning map is initiated by the property owner and involves two vacant parcels on the corner of 900 South and 800 West which total 0.10 acres. The property is intended to be used for small multi-family housing, duplex,triplex or fourplex, often referred to as the "missing middle' in Salt Lake City planning documents. Several Salt Lake City planning documents have outlined a change in Salt Lake City public policy for this area due to various reasons. These include the ever increasing housing crisis in the city and the associated need for diverse housing options, beatification and utilization of the 9 Line corridor,the need for safe and efficient housing,flexible zoning tools and regulations to meet today's conditions, and the need for effective, high quality, in-fill development. The majority, approximately 80%, of the 700-800 West block face for 900 South is unoccupied land. With over 50%of the block face's zoning being changed in 2020 from M-1 to R-MU,the change in public policy for the block face is clear. This zoning map amendment completes the zoning change for the block face's ONLY remaining vacant parcel. This zoning amendment is supported by the following Salt Lake City planning documents: Growing SLC: A Five Year Housing Plan 2018-2022 9 Line Corridor Master Plan,Adopted March 3, 2015 The Westside Master Plan,Adopted December 3, 2014 Salt Lake City Transit Master Plan 1 2017 Executive Summary Salt Lake City Pedestrian & Bicycle Master Plan, December 2015 Salt Lake City Westside Transportation Equity Study, 2021 Plan Salt Lake—Salt Lake City I Citywide Vision,Adopted December 1, 2015 1.a Purpose Of The Amendment The purpose of this Zoning Amendment is to continue the work by the owner to beautify 800 West over a three block stretch, 800 South to Fayette Avenue,where the owner has built two new homes in the last three years. The owner desires to provide a custom-designed, custom-built residence appropriately-sized and beautifully landscaped which will offer direct access to recreation, public transit and non-car transportation on an east-west corridor in which the Westside Master Plan considers "in need of the most attention" (p.71 of the Westside Master Plan). The owner has a track record of developing custom, energy-efficient homes built to match the size and period of the surrounding neighborhood which fit in with the community(804 West Genesee and 802 West Fayette). Salt Lake City inspectors and neighbors who've viewed the owner's previous work in its entirety can both attest to the owner's commitment to personally building to the highest standard possible and being onsite during the build process to ensure quality building which enhances the community. Additionally, over the last three years,the owner has planted over 150 trees, shrubs, bushes, grasses and flowers along 800 West via approved landscape plans submitted to the city. 1.1b Description Of The Proposed Use Of The Property Being Rezoned "The purpose of the R-MU Residential/Mixed Use District is to reinforce the mixed use character of the area and encourage the development of areas as high density residential urban neighborhoods containing retail,service commercial,and small scale office uses.This district is appropriate in areas of the City where the applicable master plans support high density, mixed use development.The standards for the district are intended to facilitate the creation of a walkable urban neighborhood with an emphasis on pedestrian scale activity while acknowledging the need for transit and automobile access" (SLC Zoning Code). With the 9 Line corridor helping to create a "walkable urban neighborhood," developing these lots with the intent of restoring the "missing middle" living option adds to the mixed use character of the area. While a "hotel" is a permitted use in the M-1 zone for legal lots like this one, the owner believes building a small, multi-family unit brings longer-term residents that better weave into the fabric of the existing community. The owner agrees with the SLC Planning Commission's 2020 allowance for one owner to change most of the block face and all the other vacant parcels to R-MU zoning. The owner believes this zoning is more in harmony with SLC's guiding master plans previously mentioned and shown in "City Goals" section 1.c below. 1.c Reasons Why The Present Zoning May Not Be Appropriate For The Area Reasons are included in the headings: City Goals,Transportation and Equality City Goals With 160 people per day moving to Utah,their presence has become noticeable on our public roads (KSLTV.com, 12/28/2021). If we can create homes for people in places where walkable neighborhood infrastructure and public transit is already in place, we're helping achieve the goals of several SLC master plans. These goals help our community ease car traffic, improve air quality and encourage healthy living. It's interesting to note that the 9 Line corridor plan, which creates a walkable neighborhood connecting the east and west side of downtown SLC, is so important that it's one of the very few streets to ever have its own SLC master plan. Salt Lake City has historically built effective public/private partnerships which began with the city making large infrastructure changes followed by zoning changes to accomplish additional reinvestment in the community. TRAX may be a good example of this. The TRAX installation was followed by zoning changes which introduced development along its corridor thru the city. The city's massive undertaking along the 900 South corridor seems similar to TRAX and offers pedestrian-friendly transportation. With the block face of 900 South between 700-800 West being 80% unoccupied space, it offers the perfect place to make zoning changes which bring additional investment to our community. This change is already underway. Many vacant land owners over several blocks to the east have already changed zoning along the 9 Line corridor. Many city planning documents support this change. Some excerpts below (shown in different fonts,text, etc.) are directly from these documents and are shared in this section "City Goals" for the benefit of those wishing to be more familiar with relevant SLC planning documents. Plan Salt Lake—Salt Lake City I Citywide Vision,Adopted December 1, 2015. Sections below are from pages 9-10: DIVERSE MIX OF USES iiy creating places with a diverse mix of uses,building types,connections,and transportation options, People have the choice of where they live,how they live-and how they get around. As our City grows and evolves overtime,having a diverse mix of uses in our neighborhoods citywide will become increasingly important to accommodate responsible growth and proiide people with real choices. CONNECT IVffY&GIITCULATION Connectivity and circulation are critical to responsible-sustainable growth-we must ensure that our neighborhoods and districts are well connected by both providing a side-range of transportation and mobility options and increasing the number of connections in our community.Smaller blocks and a diversity of connections are necessary to achieve this_ DENSITY Density and compact development are important principles of sustainable growth-allowing for more affordable transportation options and creating vibrant and diverse places. Density in the appropriate locations, including near existing infrastructure, compatible development-and major transportation corridors.can help to accommodate future growth more efficiently.This type of compact development allows people to live closer to where they work,recreate-shop, and carry out their daily lives,resulting in less automobile dependency and greater mobility. COMPA11BILU compatibility of development generally refers to how a development integrates into the existing scale and character of a neighborhood_ New development should be context sensitive to the surrounding develo pment,taking into account the existing character of the neighborhood-AfAle p roAdi ng opportunities for nevi gro,►% h and to enhance the sense of glace. MAXIMIZE PUBLJC INVESTMENTS The cost of public infrastructure investments,such as transit,can be recaptured through new development and increases in density_Transit-oriented development maximizes transit infrastructure benefits through increased ridership and density.This type of development results in more m-alkable, vibrant, and accessible neighborhoods, as well as increases in property values and sales tax revenues for the community. RESPONSIVE&RESILIENT Designing infrastructure and development to be adaptable and responsive to a changing climate and demographic shifts will ensure our community is resilient and meets the changing needs of future generations.This means creating places that are durable and long lasting while being flexible,allo Aing for a diversity of users and uses_ GREEN BUILDING i3reen infrastructure and development should incorporate sustainable building best practices including high performance energy and resource efficiency,renewable energy generation, transit and pedestrian orientation_storm v4-ate and Nn-ater management, and the use of high quality,durable building materials_ "Guiding Principles" from Plan Salt Lake comes from p. 14: GUIDING PRINCIPLES 1/ Neighborhoods that provide a safe environment. 8/A beautiful city that is people focused_ opportunity for social interaction,and services needed for the wellbeing of the c0111111Lrnity therein. 9/Maintaining places that provide a foundation for the City to affirm our past- 2/Growing responsibly while providing people with choices about where they live. how they live.and how they get 10/Vibrant. diverse.and accessible artistic and cultural around_ resources that showcase the community's long standing commitment to a strong creative culture. 3/Access to a wide variety of housing types for all income levels throughout the City. providing the basic human need 11/Ensure access to all City amenities for all citizens while for safety and responding to changing demographics. treating everyone equitably with fairness.justice.and respect- 4/A transportation and mobility network that is safe, accessible.reliable,affordable,and sustainable,providing 12/A balanced economy that produces quality jobs and real choices and connecting people with places_ fosters an environment for commerce. local business,and industry to thrive. 5/Air that is healthy and clean_ 13/A local government that is collaborative, responsive.and 6/Minimize Our impact on the natural environment_ transparent- 7/Protecting the natural environment while providing access and Opportunities t0 recreate and enjoy nature. Plan Salt Lake "Housing Initiatives" below are taken from p.39. PLAN A SALT 1 1.Ensure access ffddablp housing rental ard very km t the ' Of 2.The "missing middle" option, duplex,triplex and fourplex, offers us a way to nwdium ' housing * increase the number of medium density housing options without adversely d optiara affecting the residential community. Encourage housing " ' '` 3.The "missing middle" proposed for the corner of 900 South 800 West would that ' "' '- aging naturally offer ground level living in an approachable living arrangement. r 4-Drec:t new ' 4. Building on the 9 Line corridor offers residents a recreational hub in "people- wimard amw with existiing oriented" housing. frftasbudure that ham the po . . peopIL—oriented Enable-moiffate '= 5.This rezone offers a moderate density increase appropriate for the existing fmmases wfthfn Exi5ting qq neighborhood. appropriate. 6.Promcite eni2rgy&fident housing andFetablftation .f existing housiing u Pronx3te hgh density 7. Public transit and pedestrian-friendly transit are both available to this lot. Fesidffytiial in areas servEd by "Plans Salt Lake" suggests this is the type of residential area appropriate for high density. B.Support Salt Lake City Workforce M Growing SLC: A Five Year Housing Plan 2018-2022 p.11 &50. The housing crisis also impacts middle-income holds.the historically low vacancy rate of 2 percent in Sa It:La Ire City in 2017 has d riven prices up in every neighborhood_ In marry cases,middle-income households are forced to make the decision to locate in neigh borhoods that they would not otherwise choose, take on greater a mounts of debt or move to another community. In August 2016r Salt Lake City conducted the Sa k Lake Live Work Survey,which included people ;Q„rce 13K HaA,g Mincer SW&?a C. that commuted into the city far work Among these commuters,S2 percent indicated that they would consider living in Salt Lake City if housing weremore Interesting to point out that Growing SLC's findings affordable. Salt Lake City�population grawsby60 percent every day from in- suggested 52%of commuters would consider living in commuters,which creates signficantstress on our transportation network and Salt Lake City if housing were more affordable. the environment Providing more affordable options could greatly reduce these impacts,which are shared by all residents. Growing SLC: A Five Year Housing Plan 2018-2022 Composition of SLC residents are shown below (p.14&50) SNAPSHOT SALT LACE: SUMMARY Salt Lake City Residents by Age, Salt Lake City Household Composition,2014 2014 Nearly 4 of every 10 Salt Lake City residers Married couples without children is an adult millennlal(between 18and 34 years old;.Demand for housing In walkable nelghbo rho od5 and non-stngfe family Married couples housing types bythts demographlcwlll 1 with children drive the housing market for the next 1 �eCdde TOTAL '' HOUSFNOLDS One person 75.923 I Single parent In addition,si mi lar housing choice preferences households I I households among the Baby Boomer cohort as they retire will put added pressure on urban types of I Other family housing development- households S�+r.,e:13BC liaivng h+�rk�i Sv�r,3716 g P Multi-person Near1,y one-half of all renters In Salt Lake households Clky are cast-bu rdened,and nearly one- Wage Increase vs.Horne Sale quarter are extremely cost-burdened CgDend Price Increase more-han 50%oP income on rent). Nearly two-thirds of all households in Salt Lake 2011-2014 City are composed of one or two people. Source BBC Housing Market Study,-10 16 Growing SLC: A Five Year Housing Plan 2018-2022 p. 16 below offers additional "Guiding Principles" appropriating funds. The Salt Lake City Council will support and fund projects that: 1. Adhere to federal-level efforts to encourage a mix of 11. Utilize City-owned land whenever possible. While no public funds are being sought for this income in individual projects and neighborhoods. development, it seems relevant to call out: 12. Enable residernts'success to maintain housing through 2. Uphold an equitable ratio of affordable to market rate partnerships with providers of supportive servicm new units throughout the dty.Ideally,projects outside areas ofhgh opportunity should havelowerratiosof 13. Support tax increment andneghbodhood Point#8 encourages us to call for a spectrum of affordable unit& development goals when utilizing RDA money for housing options for people of all backgrounds and housing development incomes. 3. Incentivine affordable housing within areas of high opportunity. 14. Identify opportunities to expedte City funded projects 4. Award funding through a competitive,aaountable, that are already in the process. Point#16 calls out what some city documents refer fair and transparent process to give all interested 15. Clearty articulate to the community,developers to as the "missing middle." It also encourages developers,agencies and organizations equal and all interested parties options for funding and diversifying housing stock to include this option opportunity to submit proposals for consideration. collaborating with the City on establishingaffordaole which is often not developed.This is due to rising housing in all neighborhoods 5. Incentrvize the preservation and improvement oF development costs bringing about developer's existf ng affordable housing 16, Identify tools to increase and diversify the total housingsupply indudi housing that the focus on multi-story apartment buildings. ppN" n9 ng types 6. Create a net increase in affordable housing units private market does not sufficiently provide such as while: famiy housing in the downtown area,innovatve Point#17 encourages us to include affordable i.Avoiding dispiacement of existing affordable housing types,missing middle housing and middle-to housing options where possible near transit- housing to the extent possible,and low-income apartments. ii_Retaining and expanding the diversity ofAMI oriented development areas. It also encourages and innovative housing17. Indudeaffordable housing in transit-onented tYPes� moderate increases in density along transit developments because access to public transit 7. Keep publicly-funded housing projects affordable as corridors. increases access to opportunities.Moderate increases long as possible. in density should be encouraged along transit 8. Create a spectrum of housing options for people of all corridors- backgrounds and incomes. 18.Include innovative parking solutions especially for 9. Collaborate with the private sector to include projects near public transit to bring down construction affordable units in developments that are planned costs so more affordable housing units can be built or in progress,which otherwise might not have 19. Include quality construction materials,design,and affordable units- i�nurorporate public or private amenities 10. Include collaboration wrth community and private 20.Allow and encourage opportunities for projects to sector partners to enable opportunities for in kind remain at least to some extent on the GtyY tax rolls. contributions,creative financing and service delivery models Growing SLC: A Five Year Housing Plan 2018-2022 p. 17 & 18 below emphasizes what it believes our#1 goal is together: REPN DI NG TO TH E CRI S I S: I PREHE I I E SOLUTIONS & POLICIES Salt Lake City is witnessing tremendous growth as households are expanding and new housing is being developed. The vision of this planr that Sa It Lake City is a placefora growingdiverse population to find housing opIpcirtunities that are GOAL 1: INCREASE HOUSING OPTIONS. REFORM CITY safe,secure,and enrich lives and communities,recognizes the changing nature of the city,and provides the foundation for creating goals and strategies to manage PRACTICETOPROf�+L4TE,4REPONSI1fE, AFFORABLE, m the housing needseftomorrorrr_Thefollowing pages outline the housing goals, HIGH-OPPORUNITY HOUSING MARKET objective and strategies through which City departments and divisions,and public and private partners can achieve the outcomes identified in Plan Salt Lake and the Comprehensive Housing Policy adopted by the Council in February 2016. In order to respond to Salt Lake City changing demcg raphics and the housing needs of its diverse communities,it is oritical to begin to look within the C"for real and responsive change that will encourage the market to develop the housing and infrastructure needed to accorn modate our g rowing community.This goal focuses on the need to increase the diversity of housing types and opportunities in the city by seeking policy reforms that can enhance the flexibility of the land-use code and create an efficient and pred ictable development process for comm unity growth. Strategic policy decisions that integrate the transportation system,development related infrastructure,financial institutions'and data,as well as innovative deign and construction methods,can break down social and economic segregation,th us building a city for everyone. 0bjective1: Review and modify land-useandzoningregulations 1.1.1 DevalopNxible zoning tools and reguIationsr with a focus along to reflect the affordability needs of a growing, pioneering cit)r significant transportation routes. In order to respond to the demographic shift described above,modernizing Plan Sah Lakes Existing Conditions report shows that the City has not had a zoning is key not only to catching up with the demand,but creating housing that sig nificant update to its zoning code si nee the mid-19g0s.Land use decisions of the responds to every stage of life whether just starti ng out or dowrtsizing later i n Ifie_ 1990s came about as a reaction tothe gradual population decline that occurred Immediate strategies that will be pursued for greatest impact include improving over the preceding three decades.Conversely,the city's population has grown by or expanding on zones that have supported recent housing developmerrr- 20 percent in the last two decades,(the Fastest rate of growh in nearly century) including the Transit Station Area(T5A),Poesidential Mixed-Use T-MU),Sugar House presenting a need fora fundamentally difFerent approach_Household type and Business District(CSHED),Gateway Mixed-Use(GMU)•Central Business District makeup has also significantly changed to reflect smaller household sizes in the city. (El),Dawrrtcwn warehausefResidential District P-31,and newforrn-based zones Increasing fleAbility arou nd dimensiona I requirements and code definitions will (PBUN)_InadditiorL there isa need for irrfillordinances that allow for greater reduce barriers to housing construction that are unnecessary for achieving city density in existing neighborhoods,offering owners the option to subdivide large goals,such as neighborhood preservation_A concentrated zoning and land use parcels to increase the uvlity and value of their land,removing impediments to review is warra nted to add ress these critica I issues and to refine code so that it innovative construction types,such as accessory dwel ling un its,a nd red using focuses on farm and scale of development rather than intended use. parking requirements to bring down the cost of developing new housing units` Growing SLC: A Five Year Housing Plan 2018-2022 p. 19 below mentions the "missing middle" and encourages us to all help with "finding a place for these types [of housing] throughout the city" as they help with "restoring choices for a wider variety of household sizes." 1.1.2 Develop in-fill ordinances that promote a diverse housing stock increase housing options,create redevelopment opportunities,and allow additional units withln existing structuresr while minimizing neighborhood impacts. li In-fill ordinances provide both property owner-,and developers with options to increasethe number of units on particular parcels throughout the city.Such options would also help restorethehnissingmiddle-housingtypeswherenew a'W'"ay"9rn-illhxrrghkEt,nn-d rvt binding dvmghxlf-r coy mans more construction has principally been limited to single-family homes and multistory p3opleareabletofind horrN5in&kLake apartment buildings for decades.Missing middle hauling types are those that OmaqEM-' r current zon ing practices have either dramatically reduced or eliminated a Itogether_ accessary dwelling unit,duplexes,tri-plexes,small multi-pIexes<courtyard cottages and bungalows,row houses and small apartment buildings.Finding a place far these housing types throug hout the city means more housing options in Sa It Lake City,and restori ng choices for a wider va riety of household sizes,from seniors to young families. 41 you are rave Id E WE W!"I I D E P.10 of the Westside Master Plan shows how the "missing middle" zoning (duplex zoning) represents just 2%of total zoning (2014). The residential zoning districts form the core of the study area, between 900 West and Redwood Road and from 1-80 south to 1700 South. Of the 1,020 acres of residential zoning in the Westside. 89 percent is zoned for single-family development(including the community's two mobile home developments). Another two percent for duplexes and the remaining nine percent for multi-family development Well over one-half of the Westside's 90 acres of multi-family zoning is contained in jest six developments, all within two blocks of either Redwood 9%MULTI-FAMILY Road or 1700 South.Not only does the Westside lack multi- 2% DUPLEX family housing options, but the options that are there are not well integrated into the rest of the community. The industrial zoning districts, and a majority of the commercial ones, surround the neighborhoods on the east west and south sides. The open space zoning, which + 89% SINGLE FAMILY is almost entirely composed of the Jordan River Parkway BrealcicwnofYYsrft e'sres laming. and the communityls parks,is centrally located through the middle of the residential community P.10 of the Westside Master Plan suggests the Westside would benefit from better integrating multifamily into the rest of the community rather than repeating the past and concentrating it so heavily (50%+) in just six developments. - Qi t� P. 33 of the Westside Master Plan mentions, "There are also several vacant or underutilized parcels that can be developed as infill parcels, and, depending on their size, can be seen as opportunities for multi-family projects." L "Multi-family residential infill will require some zoning ordinance modification" (p.33). P. 34 of the Westside Master Plan also suggests that"infill development adhere to the prevailing development pattern in the immediate area." More than 50%of the block face of 900 South was recently rezoned to a Residential Mixed Use (R-MU); this is clearly an undeniable pattern. The proposed zoning change is in line with that pattern of development on the existing block face. Furthermore,the Westside Master Plan encouraged the Salt Lake Planning Division to "Explore regulatory options for allowing two-or multi-family development" where appropriate. It also mentioned that it would be helpful to "add even a small amount of additional density without impacting the prevailing single-family character of the Westside and potentially introduce unique housing types and designs to the community or the city" (p.34). This rezone allowing for development of the "Missing Middle" helps achieve the recommendation to the Salt Lake Planning Division by adding just a small amount of additional density that's in harmony with the character of the existing community. P.69-71 of the Westside Master Plan speaks specifically of the 700 West corridor(Gateways & Industrial Districts): The 700 West corridor is between I-1 S and 800 West from 800 South to approximately 1700 South.Despite having only 20 percent of the industrial land in the community,the 700 West corridor is important because it forms the eastern edge of Glendale and Poplar Grove and is the gateway for three of the traditional neighborhood entrances: 800 South,900 South and 1300 South. It abuts single-family neighborhoods and schools,creating an uneven and undesirable transition and an unattractive gateway. In terms of redevelopment, the most important section of the corridor is between 800 South and 1400 South,a distance just under a mile. Both the pattern and quality of development vary in the corridor and the industrially- zoned areas sit directly across either 700 Nest or 800 West from residential properties.There are a couple of small, nonconforming industrial properties mixed in with homes but otherwise, there is a clear division between the districts. Garen the goal of increasing the community's residential density, there are opportunities for infill mufti- fa milydevelopments for residents who seek urban neighborhaadswith an industrial appeal.The proximity to Doismtowrn the Jordan River and the 9 Line nail all make the area attractive to many residents. Between 800 South and 1700 South, there are approximately 75 acres of land on either side of this segment of the corridor that are vacant or underdeveloped. Assuming any individual site is not contaminated and with the appropriate building configurations and buffering from the railroad corridor, this land could be redeveloped as multi-family housing.A conservative multi-family density of 25 units per acre and a complete transformation of this land would yield over 2,000 new dwelling units.There is also opportunity for low-density infill projects on lots that are vacant but not big enough for multiple-unit residential development The landscaped medians and street trees on 800 West between 600 South and 900 South have helped create a buffer between the single-family residences and the industrial uses to the east. Such improvements are possible in this section of 900 West because the right-of-way is 90 feet wide.Elsewhere on 800 West and on all of 700 West, the right-of-way width is approximately 45 feet. One option for these smaller rightsrof-way is to disallow on-street parking and install as narrow a median as possible for trees to grow.Additionally,large trees can be planted on the west side of 700 West where industrial uses are adjacent to residential ones.Regardless of the solution,the first step is to install sidewalks,curb and gutter on 800 West and 700 West where they are missing.A majority of the cross streets have all three. GATEWAYS Five of the six routes into the Westside from the east cut through the 700 West corridor.A first-time visitor to the community, using one of these five streets, regardless of their mode of transportation, is first greeted by a land use and development pattern that is not representative of the true character of the community.This is especially problematicwhen two of the community's major assets—the Jordan River andparks on 900 South and the Sorenson Multicultural and Unity Center—are both only a half-mire from their respective gateways.The topic of gateways and their current condition was a frequent point of discussion in public meetings, and some residents believed strongly,that the gateways influenced how people felt about their community.The three gateways that were most commonly cited were 900 South,900 South and 1300 South,but 900 90LIth was generally considered the one in need of the most attention. NWFF ► The visual impact of the 900 South gateway is a result of three factors:the railroad corridor,the interstate and land uses.The latter can be addressed through regulatory and zoning changes in the short-term and redevelopment in the mid-to long-term.The first two factors,however, are barriers that must be mitigated through urban design treatments, infrastructure improvements and landscaping. While there are few realistic methods to mask the impact of the railroad corridor, viaducts provide opportunities to "recapture" these barriers and turn them into welcoming gateway features. _ These gateway also provide opportunities for more community- driven projects. These projects, which may be temporary; simple and inexpensive, should be ongoing installations that the city facilitates and monitors for public safety purposes. otherwise these projects would be the responsibility of residents and stakeholders.Activating public spaces near the gateways is another method of softening the impact of the viaducts.Increasing activity - and attracting people to a more positive public space can become t 4 4 _ = the focus of onel;attention upon entering the Community.A newly- j installed bicycle park on the south side of 900 South at 700 West is one such example.Further detail for the 900 South gateway is presented in the -' corridor plan for the 9 Line. , MOVING FORWARD The "Moving Forward" section to the left comes from E�ire wa}�s to redevelop the 7{}0 +I�est p,73 of the Westside Master Plan. ill ustrial corridor. Permitted Uses. The Planning Division should comprehensively review the uses that are permitted The Planning Division has made the 9 Line corridor a in the current light manufacturing zoning district and priority and work is now underway. determine if a new zone—an industrial park district, for example—maybe more appropriate.A new district ALL infill vacant land (owned by one party) on the block should more specifically regulate building and site face of 900 South 700-800 West has been changed to R- design and should completely prohibit any uses that produce noxious odors, fumes or other discharge or MU, and the owner of the last remaining vacant parcel other uses that rely heavily on outdoor storage. on the block face has requested it now be change to R- MU. hfixedUselnfrfl.The Planning Division should consider permitting residential and commercial infill on vacant 800 West's 90'width makes it a natural buffer between parcels in the corridor. Any infill development with a residential component shall be contingent upon mixed use and residential zoning. Master Plan environmental review Height and bulk regulations recommendations include flexible zoning in this area for infdl development should be as flexible as they are allowing 50 or more dwelling units per acre. for other uses in the zoning district in order to achieve high density development (50 or more dwelling units Even on a national level, the Federal government sees per acre). this area and this lot's entire north side block face (not Curb and Gutter. Salt Lake City should install curbs the south) specifically as a "distressed area." and gutter on all streets in the 700 West corridor where such improvements do not exist. The United States Department of Housing and Urban Development (HUD) has placed this block face in what it Si`reetscnpe Changes. The Transportation Division terms the "Opportunity Zone" where it invites owners should consider modifications to the struts on 700 to aid in developing this area for the benefit of the West and $DO West in order to buffer the existing industrial uses from the residential land uses to the Community(https://opportunityzones.hud.gov/resources/map). west.Narrow landscaped medians or large trees on the west side of 700 West are other possibilities. Transportation The current M-1 zoning does not allow for a small, multi-family home despite immediate access to public transit and recreation. With 160 new residents per day arriving, it's clear why the Utah State House Speaker mentioned transportation being the first issue when he commented on the influx of residents. He said, "State leaders are very aware of problems associated with a booming population...growth doesn't have to be the enemy but that Utah needs to be thoughtful with long-term planning for transportation, housing and recreation" (KSLTV.com, 12/28/2021). The Salt Lake City Pedestrian& Bicycle Master Plan suggested that after gathering public import, one of the key themes regarding transportation was a need for better options and "support for conventional and low stress bikeways that are designed well, especially to minimize intersection conflicts" (P. ES-2). The Salt Lake City Transit Master Plan 2017 Executive Summary suggested that "through public outreach efforts for the Transit Master Plan and past SLC planning efforts" transit officials learned that "forty-three percent (43%) of participants in the Design Your Transit System Tool indentified improved access to transit on foot and by bike as a priority" (p.107). Additionally, some age groups that are likely to rent their home (18-36 year old Millennials) are more active, taking 23% fewer driving trips, 16% more walking trips and 24% more biking trips than other households (p.7). "Public transit is also the primary mode of travel for many of the approximately 1 in 10 Salt Lake City residents that have a disability" (p.7). A ground-level home is more accommodating to some disabilities and will naturally be a part of a small, multi-family home. On a health note, obesity rates in Salt Lake County are at approximately 27%. Housing near transit and recreational opportunities increase physical activity and improve health (p.7). A home with direct access to the 9 Line corridor offers this opportunity. The 9 Line Corridor Master Plan mentioned its intent is to function as "An urban thoroughfare and public open space, helping people make connections, reduce barriers, promote healthy lifestyles." Another part of its purpose is to help "a diverse assemblage of people and user groups, [provide]the opportunity for enhancing their connections to the surrounding businesses and neighborhoods that form a unique and attractive community" (p. 9). The rezoning of this underutilized land helps us achieve this vision of bringing a "Diverse assemblage of people"together to use the 9 Line space to connect people to recreation, public transit and the surrounding businesses. Equality Equality is a characteristic woven into Salt Lake City's guiding master plans. The 9 Line Corridor Master Plan (2015) makes mention of reducing barriers and improving physical and cultural connections between the east and west sides of the City that in turn offer regional connections (p. 9). This zoning change helps people connect and reduces the barriers of east-west divide. Growing SLC:A Five Year Housing Plan 2018-2022 mentions the growing disparity between wages and rental rates appears to be creating greater instability in the lives of low-income households (p.10). "The housing crisis also impacts middle-income households" (p.11). Higher income households appear to enjoy more housing stability. This zoning change helps provide lower rents and more stability to both low-and middle-income households with more diverse, quality housing stock in a middle price range. Exacerbating the housing crisis are local barriers to housing development (p.11)... The systemic affordable housing crisis has implications for every Salt Lake City resident and business." Allowing this zoning change will allow for a well-designed, small home for someone wishing to find a nice place to live that's more affordable than what average rents in SLC are currently (RentCafe.com, Zumper.com). The Transportation Equity For Salt Lake City's Westside Study, 2021 shines a light on "Equitable Access" for west and east side Salt Lake City neighborhoods. One example of a benefit many eastside residents enjoy is the variety of several small, multi-family housing options around a major park such as Liberty Park. Additionally,you can bike or walk directly to the park from these small, multi-family options. The same opportunity around the west side's International Peace Gardens is limited. This zoning change brings "Equitable Access"to a housing option that is in limited supply around the park today and makes it accessible via the 9 Line corridor. Impact Why R-MU? • Block face zoning is consistent. Consistency seems important since spot zoning is illegal. It seems the original intent when zoning half the block R-MU was to convert this block(along 900 South) to R-MU. Would it not otherwise be considered spot zoning since there is no other R-MU zoning near this location? • 90' physical road break. With a 90'wide break between the east and west side of 800 West, including a 45' city owned park-like median, it doesn't seem we could find a better place to make a zoning break consistent with the change of the block face zoning started in 2020. • 10' extra. R-MU appears to add just 10'to the current M-1 zoning maximum height of 65'. • Practicality naturally limits height. Some may argue that the 75' height allowance in R-MU is too much for this lot. The reality is that these are two 0.05 acre lots and there is no physical way a 75' building could reasonably be constructed and allow any type of reasonable parking. Additionally, anything over 30' requires the power lines to be buried at a cost estimated to be $2.5Mi1 per an email quote from Scott.Burton@pacificorp.com (Mar/11, 3:45pm). Could some homes be torn down around the lot and developed into something larger?Yes. However, that misses the intent of building the "Missing Middle" on these lots, but it could be possible. If that large of an investment was made by an entity along a pedestrian-centric road with its own master plan dedicated to bringing people to use it,we'd be fortunate to welcome it as 900 South is one of the few entrances to the west side and its further development would be welcomed over the industrial neglect prevalent today. • Missing Middle-This size of lot is ideal for developing the "Missing Middle." • 12' on the south. The property line on the south of these lots is nearly 12' back from the sidewalk. SLC Fire requirements incentivizes owners to set a home back at least an additional 5+feet creating almost a 17' setback; this is the planned setback from which the owner intends to begin designing. • 9' on the west. The property line on the west is nearly 9' back from the sidewalk. While SLC is currently evaluating reducing parking requirements, such requirements have not yet been changed.Therefore, in order to accommodate adequate packing given current requirements of the proposed R-MU zone,the owner intents to pull the building forward to be set approximately 9' back from the sidewalk to meet the rear parking requirements. May we keep in mind that "Form" zoning approved just east a few blocks requires zero off-street parking (i.e., FB-UN2 zone for 278 West 900 South)? Why is this different than the recent rezone of 805 South 800 West to R-MU-35? • SLC made their intentions clear regarding the direction it wanted for 800 South years before the proposed zoning change for 805 S. 800 W. came along recently. Not all individual citizens/home owners sought to change the zoning of their homes to R-MU-35 along 800 South (800-900 West); that change was done by SLC or a small group getting it approved by SLC. It sent a clear message to myself as an existing owner of multiple properties along 800 West (including 804 W Genesee, separated from that zoning change by a 15' alley) and the rest of the community since the mandate was approved by SLC offices. The clear directive was that this would be more density, limited to 35' in height (via R-MU-35 zoning with its required parking of one car per unit). • 1 was the only local citizen in the room when SLC Planning Commission was reviewing the zoning change request for 805 W. 800 S. The Planning Commission indirectly invited the owner to change his proposed zoning request from R-MU-45 to R-MU-35. Those actions were consistent and appropriate since SLC had already made its intentions clear for the area (the expanded block face of I-15 to 900 W) by initiating a zoning change to R-MU-35 years ago. That owner was simply being asked to adjust his request to meet the established pattern previously set. In that meeting, he graciously complied with the informal request before leaving the room. • Similarly, SLC has approved a welcome change to R-MU zoning for 50%of the block face (700-800 W) along a future pedestrian, non-car corridor with its own master plan (the 9 Line Corridor Master Plan). Like the directional change on 800 South,the change on 900 South was set in motion years ago. The actions were clear. The message sent to local citizens was clear. The pattern of development along the respective roads was different, but made clear in the same fashion. As a resident, I read the actions and directions of SLC as a clear change to the area and purchased two lots along the same block face that was zoned R-MU. I've made a decision to invest and beautify this area years ago in a way that goes beyond what is"Required" (details below). I seek R-MU zoning, not R-MU-35 or 45 in its current form. What's the impact to surrounding single-family homes and where has this been done in SLC already? • Along non-car,transit lines (i.e., the pedestrian walkway of 900 South or TRAX line on 200 South), R-MU is a sound zoning choice because it requires at least some parking; this is in comparison to the zero parking requirement of selectively used Form zoning. R-MU is a natural choice over other zoning options when existing lot lines are set back a reasonable distance from the public sidewalk.That's the case with the corner of 900 South 800 West. • There is an example worth noting that is nearby this proposed zoning amendment, namely 900 South 200 West. Form zoning(FB-UN2)turns to R-MU zoning as you move from 900 South 200 West further south and pass a major freeway exit (the 900 South 1-15 exit), shown below. Immediately after a major 1-15 road, R-MU zoning is the first zoning used (1015 South 200 West) on a corner lot with multi-family units. On the other end of the block face is the same R-MU zoning (1075 South 200 West). In-between the two R-MU lots are four one-story, single-family homes which have been zoned RMF-35. In principle & use, this is almost an exact match to what is being proposed with this zoning amendment for the corner of 900 South 800 West. • It's worth noting that at 1075 South 200 West, only 45' separate a R-MU lot from additional one-story, single- family homes to the south. That's half the distance of the existing 90' between this proposed R-MU zoned corner lot of 900 South 800 West and the one-story, single-family homes to the west on 900 South. Additionally,this planned building on the corner of 900 South 800 West is a two-story building, making it fit in more seamlessly with the 900 South neighborhood. ro NJ ..f yJy� I��1 4, R-MU (10155) :. RMF-35 R-M U (1075 S) RMF-35 • The proposed zoning amendment would create a version of the example above; however,the 900 South 800 West lot's building would be more appropriately sized to blend in with the existing single-family homes. • The recommended zoning for 900 South 800 West would layout similarly to other nearby non-car, pedestrian corridors (example above). 77 'Mop R-MU i r I R-MU M-1/TBD ``��►► - _ M-1/TBD NN i111111111tl11U1111�OLR J VAi�Rnh\�� Additional Impact All vacant land on the 900 South (700-800 West) block face is owned by two parties. One party rezoned all their vacant land to R-MU in 2020. The other party wishes to now do the same. What wasn't changed to R-MU is still M-1 which was setup years ago before most manufacturing moved west. While there are several uses for a vacant lot in the current M-1 zone that may be potentially profitable,these don't seem appropriate for the space. These include: a recycling collection station, a gas station, a cannabis production establishment,tire distribution center, sign painting&fabrication, 24-hour taxicab service or a dead animal cremation service center. With 50%+of the 900 South block face (700-800 West) being rezoned to R-MU,the city's intent to bring more mixed residential use along the 9 Line corridor is clear and consistent with the city's long-term planning documents. While the M-1 zone allows for a hotel/motel to be built,the zoning needs to be changed for a more appropriate small, multi-family home to be allowed. It may be helpful for some to compare M-1 and R-MU zoning setbacks. As I understand them,they are as follows: M-1 has no setback requirements for the interior side yard or the rear yard. R-MU has no setback requirements for the interior side yard or the front/corner side yard. M-1 has a 15'front&corner side yard setback M-1 has no open space requirement for a lot nor does it require any rear yards. R-MU requires 20%+open space and a rear yard that is 25%of lot depth, but not exceeding 30'. In the end, changing 900 South 800 West's vacant land zoning to match all other vacant land zoning on the block face is appropriate. Additionally, R-MU zoning incorporates a 20%open space requirement (currently zero open space is required in the M-1 zone) and is the best zoning for helping incorporate off-street parking into the future design. Such zoning seems appropriate since it also requires more parking than the Form zone approved a couple blocks east which requires zero off street parking. R-MU zoning for the last vacant lot on the block face is an infill decision supported by seven SLC long-term planning documents and is in harmony with SLC's vision of sound planning. v�-oos N � -W i• 1 Z77�� P r > a+ iom y _ Proposed Site Plan: Building (blue) Parking (gray) Open space inside the lot lines exceeds 20% min (light green) Additional open space outside the lot lines (dark green) `�i _ I, ,s r r • h t>� 1 fJ �� r+ - Proposed Building Q Owner's Green Space Proposed Parking SLCs Owner Maintained Green Space The Owner's Proven Commitment To The Community The owner of the property believes in the restoration and enhancement of this community along 800 West. Beginning in 2017 (SLC Case#PLNZAD2017-00393),the owner started with a vacant, neglected lot (830 South 800 West). The owner and his wife designed a custom home with a goal of building a home to add a pocket of sunshine to the area. The home's front door& much of the landscape is designed to be the color of sunshine with the goal of literally adding more sunshine to the neighborhood. Additionally,they sought to bring vintage features into a home that was designed to feel like a restored 1920's home. This included a wood-based exterior over 100%of the home,vintage exterior lighting as well as wood floors and tile that were consistent with buildings from the early 1900's. Lastly, it was landscaped to beautify the neighborhood and was referred to by one neighbor as the street's "Garden of Eden." Despite some individuals experiencing homelessness unplugging the water system to charge their cell phones, it still looks presentable and will be worked on again in 2022. Between this home and a second home (similarly built on a vacant, neglected lot at 802 West Fayette Avenue), nearly 150 trees, shrubs, bushes, grasses and flowers were installed by the hands of the owner. Besides building homes complimenting the character of the neighborhood,the owner has helped and supported other owners along 800 West prepare to improve their land. He began years ago supporting one owner of a vacant parcel at 1050 South 800 West purchase the dilapidated home (808 W. Dalton)that had become a safety issue next door. He supported the owner who then completed a lot line adjustment and he helped sell the lots to individuals who completed the teardown and are beginning the development of 808 W. Dalton.The owner noticed the neglected lots of 800 South 800 West, but when he called to begin the process to clean up that lot(805 South 800 West), it was already in-process to be cleaned up and developed. The lots on the corner of 900 South and 800 West were the last of the neglected lots on 800 West to be cleaned up. The owner and his family have begun cleaning them of trash and weeding them. Rezoning these lots is the first step towards designing a custom home that is suited to the lot, neighborhood and community. The owner has previously worked as a Research Scientist designing product, packaging, and shelf space layouts prior to taking an interest in designing custom living spaces and landscapes to enhance the quality of life. For this corner, designs are being reviewed that originate in northern Europe, Hong Kong, New York and the Salt Lake Valley with the hope of bringing design elements that compliment the neighborhood and restore beauty to a vacant, neglected corner lot. The owner is studying the use of efficient building materials and practices that would enhance life for residents and the community. Upon rezoning,the owner will engage the professional services of additional designers, architects, engineers and builders. The owner believes he can add to our community by providing a quality home in which to live. He's currently renting to or has rented to a diverse set of people living and working right in our community including retired veterans, a member of Ballet West, a volunteer of public radio, nurses,janitors, an airline analyst, self-employed service contractors, house cleaners, and partially-disabled individuals. This zoning change allows for something to be built that will include ground-level units that may also afford some the rare chance to age in place near family. Additionally,this rezoning will offer a housing option that is disappearing since many multi-story apartment buildings are now including either parking on the first floor or commercial retail space. Thank you for time and for the opportunity to work together to bring something good to our community. Sincerely, Cameron Broadbent ATTACHMENT C: M-1 & R-MU Zoning Comparison REGULATION EXISTING ZONING(M-1) PROPOSED ZONING(R-MU) Lot Area/Width io,000 SF/8o FT Multi-Family Dwellings—No minimum/5o FT 'Existing Lots: Lots legally Single Family Attached — 3,000 SF122 FT for existing as of April12,1995,shall interior & 32 FT be considered legal conforming corner lots Single Family Detached—5,000 SF15o FT Twin Home Dwelling—4,000 SF/25 FT Two Family Dwelling—8,000 SF15o FT Non-Residential Uses — No minimum/No Minimum Other permitted or conditional uses in 21A.33.020 -5,000 SF150 FT Setbacks Front Yard—15 FT Front Yard — No setback required; Maximum Corner Side Yard—15 FT setback-at least 25961 of the building facade must be located within 15 FT of the front lot line Interior Side Yard - No setback Corner Side Yard-No setback required required Rear Yard—No setback required Interior Side Yard-No setback required *All required front and corner Rear Yard-25%of the lot depth/need not exceed side yards shall be maintained as 3o FT landscape yards in conformance with the requirements of chapter 21A.48 of this title Parking Setback No specific parking setback Surface Parldng Lots Within an Interior Side Yard regulations — 3o FT landscape setback from the front property line or be located behind the primary structure. Parldng Structures — 45 FT minimum setback from a front or corner side yard property line or be located behind the primary structure. Building Height Building Height—65 FT Residential Building Height—75 FT Non-Residential Buildings/Uses — 45 FT (Maximum floor area coverage of nonresidential uses in mixed use buildings is limited to 3 floors) Open Space No specific open space Residential uses and mixed uses containing regulations residential use-20%of the lot area PLNPCM2022-00587 26 February 8,2023 The following uses are not currently allowed in the M-1 zoning district but are listed as permitted or conditional uses under the proposed R-MU zoning district designation: New Permitted New Conditional Art Gallery Dwelling,group home(1 e) Bed and breakfast,inn manor Dwelling,residential support(large) Clinic(medical,dental) Library Daycare,nonregistered home daycare Theatre,movie Dwelling,accessory unit Dwelling,assisted living facility(large) Dwelling,assisted living facility(limited capacity) Dwelling,assisted living facility(small) Dwelling,group home(small) Dwelling,manufactured home Dwelling,multi-family Dwelling,residential sup ort(small) Dwelling,rooming(boarding)house Dwelling,single-family(attached) Dwelling,single-family(detached) Dwelling,twin home and two family Eleemosynary facility Funeral home Mixed use development The uses in the table below are currently listed as permitted or conditional uses in the land use table for the M-1 zoning district.These uses below would no longer be allowed under the proposed R-MU zoning district: Changing from Permitted to Not Allowed Changing from Conditional to Not Allowed Alcohol,Distillery Animal,Raising of ftirbearing animals Alcohol,Winery Animal,Stockyard Animal,Cremation service Community correctional facility(large) Animal,Kennel Community correctional facility(small) Animal,Pet Cemetery Concrete and/or asphalt manufacturing Animal,Pound Grain Elevator Bakery,commercial Railroad freight terminal facility Blacksmith shop Railroad repair shop Bottling plant Recycling,processing center(outdoor) Brewery Rock,sand,and gravel storage and distribution Building materials distribution Utility,electric generation facility Bus line station terminal Utility,sewage treatment plant PLNPCM2022-00587 27 February 8,2023 Changing from Permitted to Not Allowed Changing from Conditional to Not Allowed Bus line yard and repair facility Utility,solid waste transfer station Check cashing/payday loan business Vehicle,automobile salvage and recycling(outdoor) Contractor's and office Equipment,heavy(rental,sales,service) Equipment rental,(indoor and/or outdoor) Food processing Gas station Golf course Greenhouse Hotel motel Im ound lot Industrial assembly Large wind energy system Laundry,commercial Light manufacturin Package delivery facility Parking (commercial, off-site, park and ride lot, ark and ride lot shared with existing use) Photo finishing lab Printing plant Radio,television station Recycling,collection station Recycling,processing center(indoor) Restaurant with a drive through Retail goods establishment with a drive through Sexually oriented business Sign painting/fabrication Small brewery Storage and display(outdoor) Storage,public(outdoor) Storage,self Store,convenience Studio,motion picture Taxicab facility Tire distribution retail wholesale Truck freight terminal Vehicle,auction PLNPCM2022-00587 28 February 8,2023 Changing from Permitted to Not Allowed Changing from Conditional to Not Allowed Vehicle,automobile truck and repair Vehicle,automobile truck and rental(including large truck) Vehicle,automobile,part sales Vehicle,automobile salvage and recycling(indoor) Vehicle,Recreational vehicle sales and service Vehicle,truck repair(large) Warehouse Welding shop Wholesale distribution Woodworking mill PLNPCM2022-00587 29 February 8,2023 ATTACHMENT D: City Plan Considerations Adopted City Plan Policies and Guidance Zoning map amendments are reviewed for compliance with City master plans and adopted policies. The below plans were adopted for the area: Westside Master Plan(Current Community Plan) - Generally speaking, most of the redevelopment in the Westside will be around those single- family neighborhoods. Redeveloping around them, though, presents challenges because it is easy to disrupt their character with tall buildings, dense residential complexes, or intense commercial activities. - Identify underutilized or unmaintained areas within large residential blocks in the Westside. These mid-block areas should be targeted for development through flexible zoning and design standards. - Infill development is guided primarily by compatibility with the existing neighborhood fabric, which includes elements like height, bulk, setbacks, architecture, landscaping and building materials. - All new infill development,whether single-,two-or multi-family residential,should adhere to the prevailing development pattern in the immediate area. - New residential and commercial development that is adjacent to established single-family neighborhoods should be buffered with landscaping and side or rear yard setbacks based upon the distance between the proposed building and the existing buildings. - The Salt Lake City Planning Division shall analyze its existing zoning districts to determine what zoning changes will provide the most flexibility for low-intensity mixed-use development around identified neighborhood nodes.Building heights at residential nodes should be limited to 35 FT or three-stories without density limitations provided other development regulations are met.The goal should be between ten and 25 units per acre. - High density residential and multi-use development should be put in place at regional nodes that have no density limitations and flexible height regulations to encourage high density residential development and compact,multi-use development. - Review the uses that are permitted in the current light manufacturing zoning district and determine if a new zone may be more appropriate. A new district should more specifically regulate building and site design and should completely prohibit any uses that produce noxious odors,fumes or other discharge or other uses that rely heavily on outdoor storage. 9 Line Corridor Master Plan - The project is located between two nodes identified in the master plan,the 1-15 node which is a block east and the gth and gth node which is a block west.The plan identifies the intersection of 800 W as an access point for the residential uses along that street. - The trail along goo S between the I-15 node and the gth and gf node is identified as a Corridor Type C - The corridor is widest in this area connecting users to regional parks and PLNPCM2022-00587 30 February 8,2023 neighborhood commercial centers along the paved trailway. This area features a mixture of residential,commercial and light industrial uses. Plan Salt Lake — Growth—Promote infill and redevelopment of underutilized land. — Housing—Direct new growth toward areas with existing infrastructure and services that have the potential to be people oriented. — Beautiful City- Support and encourage architecture, development, and infrastructure that is people-focused, responds to its surrounding context and enhances the public realm, reflects our diverse cultural, ethnic, and religious heritage and is sustainable, using high quality materials and building standards. — Create opportunities to connect with nature in urban areas. — Reinforce and preserve neighborhood and district character and a strong sense of place. — Preservation-Preserve and enhance neighborhood and district character. — Encourage the incorporation of historic elements into buildings, landscapes, public spaces, streetscapes,neighborhoods,and districts where appropriate. — Economy - Support the growth of small businesses, entrepreneurship and neighborhood business nodes. Growing SLC — Develop flexible zoning tools and regulations, with a focus along significant transportation routes — Support diverse and vibrant neighborhoods by aligning land use policies that promote a housing market capable of accommodating residents throughout all stages of life o Salt Lake City Comprehensive Housing Policy The Salt Lake City Comprehensive Housing Policy was adopted on March i,2016. The Housing Policy represents the City Council's efforts to establish a policy direction to address current conditions in Salt Lake City. The intent is that this direction will be followed whenever the City engages in housing funding assistance,zoning and land use planning, master planning neighborhoods, and creating economic incentives. Additionally,the Housing Policy is intended to achieve the following that relate to the requested rezone: ■ Foster and celebrate the urban residential tradition ■ Develop new housing opportunities throughout the City ■ Promote a diverse and balanced community by ensuring that a wide range of housing types and choices exist for all income levels,age groups, and types of households Transit Master Plan PLNPCM2022-00587 31 February 8,2023 — goo S is identified as a high priority corridor as it provides opportunities for additional east/west cross-town connections as well as connections.goo W is also discussed as improving connections to the neighboring Fairpark and Glendale communities. — Building off existing plans and policies,the Salt Lake City Transit Master Plan recognizes the importance of land use, street connectivity, and placemaking to implement a well-used and attractive frequent transit network(FTN).The FTN must be supported by a concentration of land uses,connections to key destinations,a rich mix of uses,and interconnected streets.The Transit Master Plan embraces these concepts to help achieve the City's goals to increase transit ridership in Salt Lake City. — Provide a rich mix of uses that support street-level activity throughout the day and night.A diversity of land uses (including residential, commercial, industrial, institutional, and recreational uses)promotes walking and transit ridership,and reduces driving. — A mix of land uses allows more daily needs to be met within shorter distances, encouraging people to walk and take transit for more trips.Land use diversity also creates a more interesting and active urban environment that makes walking and taking transit feel safer and more attractive at all times of the day and night. — Salt Lake City also plays an important role in working with developers to set standards for new development. These standards can help ensure land uses support the FTN, including: Pedestrian-oriented design:Identify design standards that promote pedestrian-oriented urban design features,such as active frontages built right to the street with parking located at the rear of the building and landscaping that provides a buffer between the sidewalk and the street. — Land use and placemaking recommendations —Continue to monitor zoning along the FTN to ensure transit is supported by a mix of uses, adequate densities, parking requirements, and other transit supportive elements. — Provide a mix of housing options along the FTN to support housing affordability and diversity. Staff Discussion The Westside Master Plan supports commercial and residential infill development that is guided by compatibility with the existing neighborhood fabric.All new infill development should adhere to the prevailing development pattern in the immediate area which is predominately single family residential. The project's proximity to downtown,the Jordan River,and the g Line Trail all make the property an attractive spot for redevelopment,particularly residential development. However, as discussed in the considerations section of the staff report,the proposed R-MU zone is not compatible with the stated goals of the master plan. PLNPCM2022-00587 32 February 8,2023 ATTACHMENT E: Zoning Amendment Standards 21A.5o.o5o: 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 making a decision to amend the zoning map, the City Council should consider the following: FACTOR FINDING i.Whether a proposed map Does Not The property is located within the Westside amendment is consistent Comply Master Plan area. See Attachment D for with the purposes, goals, discussion of relevant City policies and plans objectives, and policies of and the proposal's noncompliance. the city as stated through its various adopted planning documents; 2.Whether a proposed map Does Not The purpose of the R-MU Residential/Mixed amendment furthers the Comply Use District is to reinforce the mixed-use specific purpose statements character of the area and encourage the of the zoning ordinance. development of areas as high density residential urban neighborhoods containing retail, service commercial, and small-scale office uses. This district is appropriate in areas of the City where the applicable master plans support high density, mixed use development. The standards for the district are intended to facilitate the creation of a walkable urban neighborhood with an emphasis on pedestrian scale activity while acknowledging the need for transit and automobile access. The proposed location of the zoning district does not fit the location criteria of the zone.The zone would be located in an area supported by the master plan for a mix of uses including low to moderate density residential rather than high density. The standards of the R-MU zone, such as building height, are not compatible with the existing context of single-family dwellings that the master plan seeks to preserve. 3. The extent to which a Does Not While the proposed R-MU zoning district would proposed map amendment Comply allow a mix of land uses and residential uses that will affect adjacent are not currently allowed by the M-1 zoning,the properties; intensity of development permitted by this zone would overshadow the adjacent properties. The proposal would add residential uses as allowed uses to the properties; however, even though the surrounding properties are zoned M-1, man of the adjacent properties contain PLNPCM2022-00587 33 February 8,2023 residential uses so the proposed zone would be more compatible with the existing uses than the M-1 zoning district from a land use aspect. Many of the more visually and environmentally impactful industrial uses that are currently allowed in the M-1 zone would no longer be allowed under the requested zoning designation.See Attachment C for a comparison of the permitted and conditional uses in the M- 1 and R-MU zone. The proposed zoning district allows for heights up to 75' for residential development, which is an increase in 1o'from the 65'that is currently allowed in the M-1 zone. While the size of the combined lots makes maximizing the full 75' height unlikely,the immediate proximity to the R-1/5,000 zone across Boo W makes any development taller than 35' incompatible with the surrounding properties. 4.Whether a proposed map Not Applicable The proposed map amendment is not within amendment is consistent any overlay zoning district.This standard is not with the purposes and applicable to the proposal. provisions of any applicable overlay zoning districts which may impose additional standards 5. The adequacy of public Complies The subject property is located within a built facilities and services environment where public facilities and services intended to serve the already exist.The site is currently served by goo subject property, including, S and Boo W. Future development on these but not limited to, properties, such as commercial or multifamily roadways, parks and development may require upgrading utilities recreational facilities,police and drainage systems that serve the properties. and fire protection, schools, Any required infrastructure upgrades will be stormwater drainage evaluated with a specific site development plan. systems,water supplies,and wastewater and refuse collection. PLNPCM2022-00587 34 February 8,2023 ATTACHMENT F: Property Photos Subject Property from Soo W r'. 1•r,JO ��': , , •�Q Az Or {�-..r _ �' ..�}^ �+� ). h y I � 11 •.cli' - A�/1 •1 ��y K 3A� +l.y 1 1, Properties across 80o W PLNPCM2022-00587 35 February 8,2023 Y MW Aw Subject Property from goo S h .._. _._ _ - -. -' •-_y...�. � - � Nw,�. �'„ may'_, `r��' - ^ .i� �- _ ` Property across goo S PLNPCM2022-00587 36 February 8,2023 -r w■ .. J ` Block face along Soo W ,t Fw —__ � �''� � ^ \t^{ ��}•• .,mot �,;1•. ,� _L•_ - - - �,"'�"��k�a� �t��'a,,,�•�' ri, ti♦ '�'`r '1F�y� .air`w�a-.r _ Block face along goo S PLNPCM2022-oo587 37 February 8,2023 ----i-------------- / ... -_�.:��.�.. _...,.... .�:..�,..y�.,. -....n-.-,..ems..... .. Residence directly north of subject property Commercial building directly east of subject property . a Subject Property from 9 Line Trail Retrofitted warehouse buildings east of subject property PLNPCM2022-oo587 38 February 8,2023 ATTACHMENT G: Public Process & Comments AM AM AM Public Notice,Meetings,Comments The following is a list of public meetings that have been held,and other public input opportunities, related to the proposed project since the applications were submitted: — September 21, 2022—The Poplar Grove and Glendale Community Councils were sent the 45-day required notice for recognized community organizations. — September 21, 2022 - Property owners and residents within 300 feet of the development were provided early notification of the proposal. — September 2022 — January 2023 — The project was posted to the Online Open House webpage. Notice of the public hearing for the proposal included: — January 27, 2022 o Public hearing notice sign posted on the property — January 27, 2022 o Public hearing notice mailed o Public notice posted on City and State websites and Planning Division list serve Public Input: Planning Staff received a letter of support from the Poplar Grove Community Council. Staff also received an email of support from a member of the community.No other formal public comments have been received as of the publication of this staff report. Both letters were in favor of the project's ability to provide appropriate residential infill development, a land use that is currently prohibited under M-1. All written public comments received to date are attached on the following pages of this attachment. PLNPCM2022-00587 39 February 8,2023 $$IPOPLAR G ROV E community council 12/12/2022 RE: 900 S 800 W Corner Rezone To RMU affecting 875 S 800 W&792 W 900 S Dear Salt Lake City Planning Commission&City Council, As the Poplar Grove Community Council Chair,I see a number of development projects. I welcome careful planning that brings commercial,multi-family housing that may begin to help our housing crisis. I also feel it's important to allow diversification of housing with small,residential multi-family units like those proposed with this zoning change on the corner lots of 900 S 800 W. With commercial multi-family units going in on the east half of the block(currently zoned RMU),it seems fair to allow an individual owner on the same blockface to change the zoning of their lots to match the same RMU zoning Salt Lake City has done a good job of supporting responsible commercial builders,but I think it can increase support of committed community members seeking to build on a small scale. Cameron Broadbent,is such a community member. He has helped the community by turning two abandoned lots (802 W Fayette Ave&804 W Genesee)into homes that thoughtfully match the character,style and building materials of existing homes in the neighborhood. These vacant lots at 900 S 800 W represent some of the last few available in downtown Salt Lake City. This offers the city a chance to be flexible with individual land owners thoughtfully seeking to do quality infill projects in neighborhoods they already help maintain. We have an opportunity here to support a committed community member to help build out the landscape on a major,non-auto transit line(the 9-line Corridor). I support this zoning change as it is proposed from M-1 to RMU. Thank You for Your Consideration, PGCC Board Chair J385.743.9767 ISO PoplarGroveCouncil@gmail.com f PoplarGroveCouncil W @PoplarGroveCC fT PoplarGroveCouncil From: Kelly Harris To: Harris,Katilvnn Subject: (EXTERNAL)Zoning Change PLNPCM2022-00587 Date: Friday,September 30,2022 3:36:07 PM Attachments: imaae001.nna imaae002.ona imaae00lnna imaae004.ona imaae005xna Ms. Harris The request for zoning change and subsequent housing construction will help improve the neighborhood a great deal. Too bad more the this type of improvement is not happening. I approve of this request to change the zoning. Kelly Harris Mr. Kelly Harris, PE, PTOE Sr. Project Engineer Transportation This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. If you are NOT the intended recipient and receive this communication, please delete this message and any attachments. Thank you. ATTACHMENT H: Department Review Comments This proposal was reviewed by the following departments. Any requirement identified by a City Department is required to be complied with. Building Code: Heather Gilcrease(heather.gilcrease(&slcgov.com or 801-535-7i63) No building code issues during this phase of the development process.Any construction will require a building permit. Economic Development: Lorena Riffo Jenson(Lorena.riffojenson(a-slcgov.com) No comments received at this time. Engineering: Scott Weiler (scott.weiler(&slcgov.com or 801-535-6159) No comments received at this time. Fire: Doug Bateman (douglas.bateman(&slcgov.com or 801-535-6619) No fire code comments related to the zoning amendment.Any future development or building permit submittal will need to meet minimum requirements of current adopted fire codes Housing Stability:Tony Milner(tony.milner(&slcgov.com or 801-535-6168) No comments received at this time. Parks: Kristin Riker(kristin.riker(&slcgov.com or 801-972-7804) No comments received at this time. Public Services:Jorge Chamorro(jorge.chamorro(&slcgov.com or 801-535-7150) No comments from Public Services Operations. Public Utilities: Kristeen Beitel(kristeen.beitel(aslcgov.com) Public Utilities has no issues with the proposed zoning map amendment. Additional comments have been provided to assist the applicant in obtaining a building permit. Additional comments have been provided to assist in the future development of the property. The following comments are provided for information only and do not provide official project review or approval. Comments are provided to assist in design and development by providing guidance for project requirements. — Public Utility permit,connection,survey,and inspection fees will apply. — All utility design and construction must comply with APWA Standards and SLCPU Standard Practices. — All utilities must meet horizontal and vertical clearance requirements.Water and sewer lines require to ft minimum horizontal separation and 18" minimum vertical separation. Sewer must maintain 5 ft minimum horizontal separation and 12"vertical separation from any non- PLNPCM2022-00587 42 February 8,2023 water utilities. Water must maintain 3 ft minimum horizontal separation and 12" vertical separation from any non-sewer utilities. — Utilities cannot cross property lines without appropriate easements and agreements between property owners. — Parcels must be consolidated prior to permitting. — Site utility and grading plans will be required for building permit review. Site utility plans should include all existing and proposed utilities, including water, irrigation, fire, sewer, stormwater, street lighting, power, gas, and communications. Grading plans should include arrows directing stormwater away from neighboring property.Please refer to APWA,SLCDPU Standard Practices, and the SLC Design Process Guide for utility design requirements. Other plans such as erosion control plans and plumbing plans may also be required, depending on the scope of work.Submit supporting documents and calculations along with the plans. — Applicant must provide fire flow, culinary water, and sewer demand calculations to SLCDPU for review.The public sewer and water system will be modeled with these demands.If the water demand is not adequately delivered by the existing main, then a water main upsizing will be required at the property owner's expense. The expected maximum daily flow(gpd) from the development will be modeled to determine the impacts on the public sewer system. If one or more sewer lines reaches of the sewer system reach capacity as a result of the development, sewer main upsizing will be required at the property owner's expense.Required improvements on the public water and sewer system will be determined by the Development Review Engineer. A plan and profile of the new main(s) and engineer's cost estimate must be submitted for review. Design drawings and cost estimate must be stamped and signed by a professional engineer.The property owner is required to bond for the amount of the approved cost estimate. — One culinary water meter is permitted per parcel and fire services, as required, will be permitted for this property.Each service must have a separate tap to the main. — Site stormwater must be collected on site and routed to the public storm drain system. Stormwater cannot discharge across property lines or public sidewalks. — Stormwater treatment is required prior to discharge to the public storm drain. Utilize stormwater Best Management Practices (BMP's) to remove solids and oils. Green Infrastructure should be used whenever possible. Green Infrastructure and LID treatment of stormwater is a design requirement and required by the Salt Lake City UPDES permit for Municipal Separate Storm Sewer System (MS4). This permit was updated with this requirement in June 2021. If green infrastructure is not used, then applicant must provide documentation of what green infrastructure measures were considered and why these were not deemed feasible.Please verify that plans include appropriate treatment measures. Please visit the following websites for guidance with Low Impact Development:Low Impact Development and Low Impact Development Guide. Sustainability:Debbie Lyons(debbie.lyons(&slcgov.com or 8oi-535-6540) No comments received at this time. Transportation:Jena Carver(jena.carver(&slcgov.com) No comments received at this time. PLNPCM2022-00587 43 February 8,2023 PLNPCM202200587 IT CONING MAP AMENDMENT . 792 W 900 S & 875 S 800 W CITY COUNCIL II APRIL 4, 2023 1 1 , Ott r l IL , r - '! -• "�„ ;l. � �% +a GIB' �. L. # ` r I �1 e s- l f � Tool R-1-5000 t GMESEE AVE GEWbtE AVE 3' R•MU•35 R•1.50N g � M•1 M•1 I m R-M11 ��s R•MU•3s R•1•s110 M•1 of 900 s - 900 s a 42284 3 0 3 a s Salt Lake City //Planning Division EXISTING & PROPOSED ZONES M-1 : Light Manufacturing R-MU: Residential Mixed Use Maximum Building Height: Maximum Building Height: 65 feet Residential Uses: 75 feet Minimum Lot Width: Minimum Lot Width for Multi-Family: 80 feet 50 feet Setbacks: Setbacks for Multi-Family: Front and Corner Yard : 15 feet Front, Corner, and Side Yard: None Rear and Side Yard: none Rear Yard: 25% of lot depth, no more than 30 Residential uses are prohibited. feet Parking for Multi-Family: Off-street parking is not required. Salt Lake City I Planning Division PLANNING COMMISSION RECOMMENDATION On February 8, 2023, the Planning Commission determined that the proposed zoning map amendment improves density with minimal neighbor complaint, meets Salt Lake City's goals of a variety of housing types, and improves air quality. Voted 6-5 to forward a positive recommendation to the City Council. Salt Lake City I PlniaiiingDiuision ERIN MENDENHALL L DEPARTMENT of COMMUNITY Mayor �' � and NEIGHBORHOODS �' =x Blake Thomas Director CITY COUNCIL TRANSMITTAL ach tto(Mar10,202315:10MST) Date Received.• 3/10/2023 Rachel Otto, Chief of Staff Date sent to Council: 3/10/2023 TO: Salt Lake City Council DATE: March 10, 2023 Darin Mano, Chair FROM: Blake Thomas, Director Department of Community&Neighborhoods SUBJECT: Petition PLNPCM2022-00587 Zoning Map Amendment at 792 W 900 S & 875 S 800 W STAFF CONTACT: Katilynn Harris, Principal Planner katilynn.harris@slcgov.com or(801) 535-6179 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to approve the proposed Zoning Map amendment. BUDGET IMPACT: None BACKGROUND/DISCUSSION: This is a request by Cameron Broadbent, the property owner, to amend the Salt Lake City Zoning Map from M-1 Light Manufacturing to R-MU Residential Mixed-Use at 792 W 900 S & 875 S 800 W. The proposed zoning map amendment is intended to allow the property owner to develop two small multi-family dwellings. The applicant has indicated one of the reasons for proposing the R-MU zone is because of the flexibility the zone provides related to setback and parking requirements—there is no front, corner, or interior side yard setback and there is no off-street parking requirements for multi-family in the R-MU zone. No development plans have been submitted at this time. If the amendment is approved, the applicant could develop the site with any permitted or conditional use in accordance with the R-MU zoning standards. The request did not require a master plan amendment. SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET,ROOM 445 WWW.SLC.GOV P.O.BOX 145487,SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269 The Westside Master Plan is the applicable community plan for this property. The property is located in the 700 West industrial corridor which is a swath of development consisting of mostly industrial uses abutting single-family homes between 800 South and approximately 1400 South. At its widest, the corridor is about a quarter-mile wide and extends as far west as 800 West. The Planning Commission reviewed the request at a public hearing on February 8, 2023. The commission determined that the request improves density with minimal neighbor complaint,meets Salt Lake City's goals of a variety of housing types, and improves air quality. The commission voted(6-5)to forward a positive recommendation on to the City Council to amend the zoning map as requested. \ r s ■.MU.IS � . �' gin:;• t�- .. .... ,_�� k , t 14104 a,s000 r•, ni Subject properties are highlighted in red � PUBLIC PROCESS: • September 21, 2022—Early notification was sent to the Poplar Grove and Glendale Community Councils. Poplar Grove Community Council sent a letter of support dated December 12, 2022 which is attached to the Planning Commission Staff Report. • September 21, 2022—Early notification was sent to all residents and property owners within 300 FT of the subject properties. Staff received two emails in support of the rezone. • September 2022—January 2023 —An online open house was held for the proposal • February 8, 2023 —Planning Commission held a public hearing regarding the proposed zoning map amendment. The Planning Commission voted to forward a positive recommendation to amend the zoning map for the subject properties from M-1 to R-MU to the City Council for their review and decision. PLANNING COMMISSION RECORDS of FEBRUARY 8, 2023: Planning Commission A eg nda Planning Commission Minutes Planning Commission Staff Report EXHIBITS: 1. Project Chronology 2. Notice of City Council Hearing 3. Original Petition 4. Mailing List SALT LAKE CITY ORDINANCE No. of 2023 (Amending the zoning of property located at 792 West 900 South and 875 South 800 West from M-I Light Manufacturing District to R-MU Residential/Mixed Use District) An ordinance amending the zoning map pertaining to property located at 792 West 900 South and 875 South 800 West from M-1 Light Manufacturing District to R-MU Residential/Mixed Use District pursuant to Petition No. PLNPCM2022-00587 (the "Petition"). WHEREAS, the Salt Lake City Planning Commission(the "Planning Commission") held a public hearing on February 8, 2023 on the Petition submitted by Cameron Broadbent to rezone two parcels located at 792 West 900 South(Tax ID No. 15-11-277-009) and 875 South 800 West (Tax ID No. 15-11-277-008) (collectively the "Property") from M-1 Light Manufacturing District to R-MU Residential/Mixed Use District; WHEREAS, at its February 8, 2023 meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council (the "City Council") on the Petition; and WHEREAS, after holding a public hearing on this matter the City Council has determined that adopting this ordinance is in the city's best interests. NOW, THEREFORE,be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Property, identified on Exhibit"A" attached hereto, shall be and hereby is rezoned from M-I Light Manufacturing District to R-MU Residential/Mixed Use District. SECTION 2. Effective Date. This Ordinance shall take effect immediately after it has been published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713. Passed by the City Council of Salt Lake City, Utah, this day of , 2023. CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER APPROVED AS TO FORM (SEAL) Salt Lake City Attorney's Office Date.March 1, 2023 0-4 Bill No. of 2023. By: Published: Katherine D.Pas er,Senior City Attorney Ordinance amending zoning map at 792 West 900 South and 875 South 800 West EXHIBIT "A" Legal Description of Property to be Rezoned: 792 West 900 South Street Tax ID No. 15-11-277-009 The South 29 feet of Lot 24,25, and 26, CUMMINGS SUBDIVISION OF BLOCK 2,PLAT"C", Salt Lake City Survey, Salt Lake County, State of Utah. 875 South 800 West Street Tax ID No. 15-11-277-008 Commencing 29 feet North of the Southwest corner of Lot 26, CUMMINGS SUBDIVISION OF BLOCK 2, PLAT "C" Salt Lake City Survey; running thence North 28 feet; thence East 80 feet; thence South 28 feet; thence West 80 feet to the point of beginning, Salt Lake County, State of Utah. I. PROJECT CHRONOLOGY Project Chronology Zoning Map Amendment at approximately 792 W 900 S & 875 S 800 W—PLNPCM2022-00587 June 8,2022 Cameron Broadbent,the property owner, filed the Zoning Map amendment application. The subject property is located at 792 W 900 S & 875 S 800 W and encompasses approximately 0.10 acres(4,561 square feet). June 30,2022 Application assigned to Katilynn Harris, Principal Planner. September 21,2022 Sent notifications to Popular Grove Community Council, Glendale Community Council, and surrounding neighbors and property owners. Project posted to city website for an online Open House. January 27, 2023 Sign posted on subject property. Public hearing notice sent out and posted to city website. February 3,2023 Public input period closed. February 8,2023 The Planning Commission held a public hearing and with a 6-5 vote, forwarded a positive recommendation to amend the zoning map for the subject property from M-1 to R-MU to the City Council for their review and decision. ,2023 Signed ordinance received from City Attorney's Office. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF CITY COUNCIL HEARING The Salt Lake City Council is considering Petition PLNPCM2022-00587—Cameron Broadbent,the property owner, is requesting to amend the Salt Lake City Zoning Map for the property located at approximately 792 W 900 S & 875 S 800 W. The proposal would rezone the property from M-1 Light Manufacturing to R-MU Residential Mixed-Use. The subject parcels are approximately.10 acres or 4,561 square feet. The proposed amendment to the Zoning Map is intended to allow the property owner to develop two small multi-family dwellings.No development plans have been submitted at this time. The properties are within Council District 2,represented by Alejandro Puy. (Staff contact: Katilynn Harris at 801-535-6179 or katilynn.harris@slcgov.com). Case number: PLNPCM2022-00587 As part of their study,the City Council is holding an advertised public hearing to receive comments regarding the petition. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TIME: 7:00 pm PLACE: Electronic and in-person options. 451 South State Street,Room 326, Salt Lake City,Utah ** This meeting will be held via electronic means,while also providing for an in-person opportunity to attend or participate in the hearing at the City and County Building,located at 451 South State Street,Room 326,Salt Lake City,Utah.For more information,including WebEx connection information,please visit www.slc.gov/council/virtual-meetings. 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 Katilynn Harris at 801-535-6179 between the hours of 8:00 a.m. and 5:00 p.m.,Monday through Friday, or via e-mail at katilynn.harris@slcgov.com. The application details can be accessed at https:Hcitizenportal.slcgov.com/,by selecting the"planning"tab and entering the petition number PLNPCM2022-00587. 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. 3. ORIGINAL PETITION Zoning Map Amendment Salt Lake City Parcels Involved 15112770080000—875 South 800 West COM 29 FT N OF SW COR LOT 26 CUMMINGS SUB OF BLK 2 PLAT C N 28 FT E 80 FT S 28 FT W 80 FT TO BEG 6665-2026 10243-2811 15112770090000-792 West 900 South S 29 FT OF LOTS 24 25&26 CUMMINGS SUB OF BILK 2 PLAT C 5191-0980 6038-07716050-1172 6665-2032 10243-2813 1. Proiect Description This proposal to amend the zoning map is initiated by the property owner and involves two vacant parcels on the corner of 900 South and 800 West which total 0.10 acres. The property is intended to be used for small multi-family housing, duplex,triplex or fourplex, often referred to as the "missing middle" in Salt Lake City planning documents. Several Salt Lake City planning documents have outlined a change in Salt Lake City public policy for this area due to various reasons. These include the ever increasing housing crisis in the city and the associated need for diverse housing options, beatification and utilization of the 9 Line corridor,the need for safe and efficient housing,flexible zoning tools and regulations to meet today's conditions, and the need for effective, high quality, in-fill development. The majority, approximately 80%, of the 700-800 West block face for 900 South is unoccupied land. With over 50%of the block face's zoning being changed in 2020 from M-1 to R-MU, the change in public policy for the block face is clear. This zoning map amendment completes the zoning change for the block face's ONLY remaining vacant parcel. This zoning amendment is supported by the following Salt Lake City planning documents: Growing SLC: A Five Year Housing Plan 2018-2022 9 Line Corridor Master Plan, Adopted March 3, 2015 The Westside Master Plan,Adopted December 3, 2014 Salt Lake City Transit Master Plan 1 2017 Executive Summary Salt Lake City Pedestrian & Bicycle Master Plan, December 2015 Salt Lake City Westside Transportation Equity Study, 2021 Plan Salt Lake—Salt Lake City I Citywide Vision,Adopted December 1, 2015 1.a Purpose Of The Amendment The purpose of this Zoning Amendment is to continue the work by the owner to beautify 800 West over a three block stretch, 800 South to Fayette Avenue, where the owner has built two new homes in the last three years. The owner desires to provide a custom-designed, custom-built residence appropriately-sized and beautifully landscaped which will offer direct access to recreation, public transit and non-car transportation on an east-west corridor in which the Westside Master Plan considers "in need of the most attention" (p.71 of the Westside Master Plan). The owner has a track record of developing custom, energy-efficient homes built to match the size and period of the surrounding neighborhood which fit in with the community (804 West Genesee and 802 West Fayette). Salt Lake City inspectors and neighbors who've viewed the owner's previous work in its entirety can both attest to the owner's commitment to personally building to the highest standard possible and being onsite during the build process to ensure quality building which enhances the community. Additionally, over the last three years, the owner has planted over 150 trees, shrubs, bushes, grasses and flowers along 800 West via approved landscape plans submitted to the city. 1.b Description Of The Proposed Use Of The Property Being Rezoned "The purpose of the R-MU Residential/Mixed Use District is to reinforce the mixed use character of the area and encourage the development of areas as high density residential urban neighborhoods containing retail, service commercial, and small scale office uses.This district is appropriate in areas of the City where the applicable master plans support high density, mixed use development.The standards for the district are intended to facilitate the creation of a walkable urban neighborhood with an emphasis on pedestrian scale activity while acknowledging the need for transit and automobile access" (SLC Zoning Code). With the 9 Line corridor helping to create a "walkable urban neighborhood," developing these lots with the intent of restoring the "missing middle" living option adds to the mixed use character of the area. While a "hotel" is a permitted use in the M-1 zone for legal lots like this one, the owner believes building a small, multi-family unit brings longer-term residents that better weave into the fabric of the existing community. The owner agrees with the SLC Planning Commission's 2020 allowance for one owner to change most of the block face and all the other vacant parcels to R-MU zoning. The owner believes this zoning is more in harmony with SLC's guiding master plans previously mentioned and shown in "City Goals" section 1.c below. 1.c Reasons Why The Present Zoning May Not Be Appropriate For The Area Reasons are included in the headings: City Goals,Transportation and Equality City Goals With 160 people per day moving to Utah,their presence has become noticeable on our public roads (KSLTV.com, 12/28/2021). If we can create homes for people in places where walkable neighborhood infrastructure and public transit is already in place, we're helping achieve the goals of several SLC master plans. These goals help our community ease car traffic, improve air quality and encourage healthy living. It's interesting to note that the 9 Line corridor plan, which creates a walkable neighborhood connecting the east and west side of downtown SLC, is so important that it's one of the very few streets to ever have its own SLC master plan. Salt Lake City has historically built effective public/private partnerships which began with the city making large infrastructure changes followed by zoning changes to accomplish additional reinvestment in the community. TRAX may be a good example of this. The TRAX installation was followed by zoning changes which introduced development along its corridor thru the city. The city's massive undertaking along the 900 South corridor seems similar to TRAX and offers pedestrian-friendly transportation. With the block face of 900 South between 700-800 West being 80% unoccupied space, it offers the perfect place to make zoning changes which bring additional investment to our community. This change is already underway. Many vacant land owners over several blocks to the east have already changed zoning along the 9 Line corridor. Many city planning documents support this change. Some excerpts below (shown in different fonts,text, etc.) are directly from these documents and are shared in this section "City Goals" for the benefit of those wishing to be more familiar with relevant SLC planning documents. Plan Salt Lake—Salt Lake City I Citywide Vision,Adopted December 1, 2015. Sections below are from pages 9-10: DIVERSE MIX OF USES iiy creating places with a diverse mix of uses,building types,connections,and transportation options, People have the choice of where they live,how they live-and how they get around. As our City grows and evolves overtime,having a diverse mix of uses in our neighborhoods citywide will become increasingly important to accommodate responsible growth and proiide people with real choices. CONNECT IVffY&GIITCULATION Connectivity and circulation are critical to responsible-sustainable growth-we must ensure that our neighborhoods and districts are well connected by both providing a side-range of transportation and mobility options and increasing the number of connections in our community.Smaller blocks and a diversity of connections are necessary to achieve this_ DENSITY Density and compact development are important principles of sustainable growth-allowing for more affordable transportation options and creating vibrant and diverse places. Density in the appropriate locations, including near existing infrastructure, compatible development-and major transportation corridors.can help to accommodate future growth more efficiently.This type of compact development allows people to live closer to where they work,recreate-shop, and carry out their daily lives,resulting in less automobile dependency and greater mobility. COMPA11BILU compatibility of development generally refers to how a development integrates into the existing scale and character of a neighborhood_ New development should be context sensitive to the surrounding develo pment,taking into account the existing character of the neighborhood-AfAle p roAdi ng opportunities for nevi gro,►% h and to enhance the sense of glace. MAXIMIZE PUBLJC INVESTMENTS The cost of public infrastructure investments,such as transit,can be recaptured through new development and increases in density_Transit-oriented development maximizes transit infrastructure benefits through increased ridership and density.This type of development results in more m-alkable, vibrant, and accessible neighborhoods, as well as increases in property values and sales tax revenues for the community. RESPONSIVE&RESILIENT Designing infrastructure and development to be adaptable and responsive to a changing climate and demographic shifts will ensure our community is resilient and meets the changing needs of future generations.This means creating places that are durable and long lasting while being flexible,allo Aing for a diversity of users and uses_ GREEN BUILDING i3reen infrastructure and development should incorporate sustainable building best practices including high performance energy and resource efficiency,renewable energy generation, transit and pedestrian orientation_storm v4-ate and Nn-ater management, and the use of high quality,durable building materials_ "Guiding Principles" from Plan Salt Lake comes from p. 14: GUIDING PRINCIPLES 1/ Neighborhoods that provide a safe environment. 8/A beautiful city that is people focused_ opportunity for social interaction,and services needed for the wellbeing of the c0111111Lrnity therein. 9/Maintaining places that provide a foundation for the City to affirm our past- 2/Growing responsibly while providing people with choices about where they live. how they live.and how they get 10/Vibrant. diverse.and accessible artistic and cultural around_ resources that showcase the community's long standing commitment to a strong creative culture. 3/Access to a wide variety of housing types for all income levels throughout the City. providing the basic human need 11/Ensure access to all City amenities for all citizens while for safety and responding to changing demographics. treating everyone equitably with fairness.justice.and respect- 4/A transportation and mobility network that is safe, accessible.reliable,affordable,and sustainable,providing 12/A balanced economy that produces quality jobs and real choices and connecting people with places_ fosters an environment for commerce. local business,and industry to thrive. 5/Air that is healthy and clean_ 13/A local government that is collaborative, responsive.and 6/Minimize Our impact on the natural environment_ transparent- 7/Protecting the natural environment while providing access and Opportunities t0 recreate and enjoy nature. Plan Salt Lake "Housing Initiatives" below are taken from p.39. PLAN A SALT 1 1.Ensure access ffddablp housing rental ard very km t the ' Of 2.The "missing middle" option, duplex,triplex and fourplex, offers us a way to nwdium ' housing * increase the number of medium density housing options without adversely d optiara affecting the residential community. Encourage housing " ' '` 3.The "missing middle" proposed for the corner of 900 South 800 West would that ' "' '- aging naturally offer ground level living in an approachable living arrangement. r 4-Drec:t new ' 4. Building on the 9 Line corridor offers residents a recreational hub in "people- wimard amw with existiing oriented" housing. frftasbudure that ham the po . . peopIL—oriented Enable-moiffate '= 5.This rezone offers a moderate density increase appropriate for the existing fmmases wfthfn Exi5ting qq neighborhood. appropriate. 6.Promcite eni2rgy&fident housing andFetablftation .f existing housiing u Pronx3te hgh density 7. Public transit and pedestrian-friendly transit are both available to this lot. Fesidffytiial in areas servEd by "Plans Salt Lake" suggests this is the type of residential area appropriate for high density. B.Support Salt Lake City Workforce M Growing SLC: A Five Year Housing Plan 2018-2022 p.11 &50. The housing crisis also impacts middle-income holds.the historically low vacancy rate of 2 percent in Sa It:La Ire City in 2017 has d riven prices up in every neighborhood_ In marry cases,middle-income households are forced to make the decision to locate in neigh borhoods that they would not otherwise choose, take on greater a mounts of debt or move to another community. In August 2016r Salt Lake City conducted the Sa k Lake Live Work Survey,which included people ;Q„rce 13K HaA,g Mincer SW&?a C. that commuted into the city far work Among these commuters,S2 percent indicated that they would consider living in Salt Lake City if housing weremore Interesting to point out that Growing SLC's findings affordable. Salt Lake City�population grawsby60 percent every day from in- suggested 52%of commuters would consider living in commuters,which creates signficantstress on our transportation network and Salt Lake City if housing were more affordable. the environment Providing more affordable options could greatly reduce these impacts,which are shared by all residents. Growing SLC: A Five Year Housing Plan 2018-2022 Composition of SLC residents are shown below (p.14&50) SNAPSHOT SALT LACE: SUMMARY Salt Lake City Residents by Age, Salt Lake City Household Composition,2014 2014 Nearly 4 of every 10 Salt Lake City residers Married couples without children is an adult millennlal(between 18and 34 years old;.Demand for housing In walkable nelghbo rho od5 and non-stngfe family Married couples housing types bythts demographlcwlll 1 with children drive the housing market for the next 1 �eCdde TOTAL '' HOUSFNOLDS One person 75.923 I Single parent In addition,si mi lar housing choice preferences households I I households among the Baby Boomer cohort as they retire will put added pressure on urban types of I Other family housing development- households S�+r.,e:13BC liaivng h+�rk�i Sv�r,3716 g P Multi-person Near1,y one-half of all renters In Salt Lake households Clky are cast-bu rdened,and nearly one- Wage Increase vs.Horne Sale quarter are extremely cost-burdened CgDend Price Increase more-han 50%oP income on rent). Nearly two-thirds of all households in Salt Lake 2011-2014 City are composed of one or two people. Source BBC Housing Market Study,-10 16 Growing SLC: A Five Year Housing Plan 2018-2022 p. 16 below offers additional "Guiding Principles" appropriating funds. The Salt Lake City Council will support and fund projects that: 1. Adhere to federal-level efforts to encourage a mix of 11. Utilize City-owned land whenever possible. While no public funds are being sought for this income in individual projects and neighborhoods. development, it seems relevant to call out: 12. Enable residernts'success to maintain housing through 2. Uphold an equitable ratio of affordable to market rate partnerships with providers of supportive servicm new units throughout the dty.Ideally,projects outside areas ofhgh opportunity should havelowerratiosof 13. Support tax increment andneghbodhood Point#8 encourages us to call for a spectrum of affordable unit& development goals when utilizing RDA money for housing options for people of all backgrounds and housing development incomes. 3. Incentivine affordable housing within areas of high opportunity. 14. Identify opportunities to expedte City funded projects 4. Award funding through a competitive,aaountable, that are already in the process. Point#16 calls out what some city documents refer fair and transparent process to give all interested 15. Clearty articulate to the community,developers to as the "missing middle." It also encourages developers,agencies and organizations equal and all interested parties options for funding and diversifying housing stock to include this option opportunity to submit proposals for consideration. collaborating with the City on establishingaffordaole which is often not developed.This is due to rising housing in all neighborhoods 5. Incentrvize the preservation and improvement oF development costs bringing about developer's existf ng affordable housing 16, Identify tools to increase and diversify the total housingsupply indudi housing that the focus on multi-story apartment buildings. ppN" n9 ng types 6. Create a net increase in affordable housing units private market does not sufficiently provide such as while: famiy housing in the downtown area,innovatve Point#17 encourages us to include affordable i.Avoiding dispiacement of existing affordable housing types,missing middle housing and middle-to housing options where possible near transit- housing to the extent possible,and low-income apartments. ii_Retaining and expanding the diversity ofAMI oriented development areas. It also encourages and innovative housing17. Indudeaffordable housing in transit-onented tYPes� moderate increases in density along transit developments because access to public transit 7. Keep publicly-funded housing projects affordable as corridors. increases access to opportunities.Moderate increases long as possible. in density should be encouraged along transit 8. Create a spectrum of housing options for people of all corridors- backgrounds and incomes. 18.Include innovative parking solutions especially for 9. Collaborate with the private sector to include projects near public transit to bring down construction affordable units in developments that are planned costs so more affordable housing units can be built or in progress,which otherwise might not have 19. Include quality construction materials,design,and affordable units- i�nurorporate public or private amenities 10. Include collaboration wrth community and private 20.Allow and encourage opportunities for projects to sector partners to enable opportunities for in kind remain at least to some extent on the GtyY tax rolls. contributions,creative financing and service delivery models Growing SLC: A Five Year Housing Plan 2018-2022 p. 17 & 18 below emphasizes what it believes our#1 goal is together: REPN DI NG TO TH E CRI S I S: I PREHE I I E SOLUTIONS & POLICIES Salt Lake City is witnessing tremendous growth as households are expanding and new housing is being developed. The vision of this planr that Sa It Lake City is a placefora growingdiverse population to find housing opIpcirtunities that are GOAL 1: INCREASE HOUSING OPTIONS. REFORM CITY safe,secure,and enrich lives and communities,recognizes the changing nature of the city,and provides the foundation for creating goals and strategies to manage PRACTICETOPROf�+L4TE,4REPONSI1fE, AFFORABLE, m the housing needseftomorrorrr_Thefollowing pages outline the housing goals, HIGH-OPPORUNITY HOUSING MARKET objective and strategies through which City departments and divisions,and public and private partners can achieve the outcomes identified in Plan Salt Lake and the Comprehensive Housing Policy adopted by the Council in February 2016. In order to respond to Salt Lake City changing demcg raphics and the housing needs of its diverse communities,it is oritical to begin to look within the C"for real and responsive change that will encourage the market to develop the housing and infrastructure needed to accorn modate our g rowing community.This goal focuses on the need to increase the diversity of housing types and opportunities in the city by seeking policy reforms that can enhance the flexibility of the land-use code and create an efficient and pred ictable development process for comm unity growth. Strategic policy decisions that integrate the transportation system,development related infrastructure,financial institutions'and data,as well as innovative deign and construction methods,can break down social and economic segregation,th us building a city for everyone. 0bjective1: Review and modify land-useandzoningregulations 1.1.1 DevalopNxible zoning tools and reguIationsr with a focus along to reflect the affordability needs of a growing, pioneering cit)r significant transportation routes. In order to respond to the demographic shift described above,modernizing Plan Sah Lakes Existing Conditions report shows that the City has not had a zoning is key not only to catching up with the demand,but creating housing that sig nificant update to its zoning code si nee the mid-19g0s.Land use decisions of the responds to every stage of life whether just starti ng out or dowrtsizing later i n Ifie_ 1990s came about as a reaction tothe gradual population decline that occurred Immediate strategies that will be pursued for greatest impact include improving over the preceding three decades.Conversely,the city's population has grown by or expanding on zones that have supported recent housing developmerrr- 20 percent in the last two decades,(the Fastest rate of growh in nearly century) including the Transit Station Area(T5A),Poesidential Mixed-Use T-MU),Sugar House presenting a need fora fundamentally difFerent approach_Household type and Business District(CSHED),Gateway Mixed-Use(GMU)•Central Business District makeup has also significantly changed to reflect smaller household sizes in the city. (El),Dawrrtcwn warehausefResidential District P-31,and newforrn-based zones Increasing fleAbility arou nd dimensiona I requirements and code definitions will (PBUN)_InadditiorL there isa need for irrfillordinances that allow for greater reduce barriers to housing construction that are unnecessary for achieving city density in existing neighborhoods,offering owners the option to subdivide large goals,such as neighborhood preservation_A concentrated zoning and land use parcels to increase the uvlity and value of their land,removing impediments to review is warra nted to add ress these critica I issues and to refine code so that it innovative construction types,such as accessory dwel ling un its,a nd red using focuses on farm and scale of development rather than intended use. parking requirements to bring down the cost of developing new housing units` Growing SLC: A Five Year Housing Plan 2018-2022 p. 19 below mentions the "missing middle" and encourages us to all help with "finding a place for these types [of housing] throughout the city" as they help with "restoring choices for a wider variety of household sizes." 1.1.2 Develop in-fill ordinances that promote a diverse housing stock increase housing options,create redevelopment opportunities,and allow additional units withln existing structuresr while minimizing neighborhood impacts. li In-fill ordinances provide both property owner-,and developers with options to increasethe number of units on particular parcels throughout the city.Such options would also help restorethehnissingmiddle-housingtypeswherenew a'W'"ay"9rn-illhxrrghkEt,nn-d rvt binding dvmghxlf-r coy mans more construction has principally been limited to single-family homes and multistory p3opleareabletofind horrN5in&kLake apartment buildings for decades.Missing middle hauling types are those that OmaqEM-' r current zon ing practices have either dramatically reduced or eliminated a Itogether_ accessary dwelling unit,duplexes,tri-plexes,small multi-pIexes<courtyard cottages and bungalows,row houses and small apartment buildings.Finding a place far these housing types throug hout the city means more housing options in Sa It Lake City,and restori ng choices for a wider va riety of household sizes,from seniors to young families. 41 you are rave Id E WE W!"I I D E P.10 of the Westside Master Plan shows how the "missing middle" zoning (duplex zoning) represents just 2%of total zoning (2014). The residential zoning districts form the core of the study area, between 900 West and Redwood Road and from 1-80 south to 1700 South. Of the 1,020 acres of residential zoning in the Westside. 89 percent is zoned for single-family development(including the community's two mobile home developments). Another two percent for duplexes and the remaining nine percent for multi-family development Well over one-half of the Westside's 90 acres of multi-family zoning is contained in jest six developments, all within two blocks of either Redwood 9%MULTI-FAMILY Road or 1700 South.Not only does the Westside lack multi- 2% DUPLEX family housing options, but the options that are there are not well integrated into the rest of the community. The industrial zoning districts, and a majority of the commercial ones, surround the neighborhoods on the east west and south sides. The open space zoning, which + 89% SINGLE FAMILY is almost entirely composed of the Jordan River Parkway BrealcicwnofYYsrft e'sres laming. and the communityls parks,is centrally located through the middle of the residential community P.10 of the Westside Master Plan suggests the Westside would benefit from better integrating multifamily into the rest of the community rather than repeating the past and concentrating it so heavily (50%+) in just six developments. - Qi t� P. 33 of the Westside Master Plan mentions, "There are also several vacant or underutilized parcels that can be developed as infill parcels, and, depending on their size, can be seen as opportunities for multi-family projects." L "Multi-family residential infill will require some zoning ordinance modification" (p.33). P. 34 of the Westside Master Plan also suggests that"infill development adhere to the prevailing development pattern in the immediate area." More than 50%of the block face of 900 South was recently rezoned to a Residential Mixed Use (R-MU); this is clearly an undeniable pattern. The proposed zoning change is in line with that pattern of development on the existing block face. Furthermore,the Westside Master Plan encouraged the Salt Lake Planning Division to "Explore regulatory options for allowing two-or multi-family development" where appropriate. It also mentioned that it would be helpful to "add even a small amount of additional density without impacting the prevailing single-family character of the Westside and potentially introduce unique housing types and designs to the community or the city" (p.34). This rezone allowing for development of the "Missing Middle" helps achieve the recommendation to the Salt Lake Planning Division by adding just a small amount of additional density that's in harmony with the character of the existing community. P.69-71 of the Westside Master Plan speaks specifically of the 700 West corridor(Gateways & Industrial Districts): The 700 West corridor is between I-1 S and 800 West from 800 South to approximately 1700 South.Despite having only 20 percent of the industrial land in the community,the 700 West corridor is important because it forms the eastern edge of Glendale and Poplar Grove and is the gateway for three of the traditional neighborhood entrances: 800 South,900 South and 1300 South. It abuts single-family neighborhoods and schools,creating an uneven and undesirable transition and an unattractive gateway. In terms of redevelopment, the most important section of the corridor is between 800 South and 1400 South,a distance just under a mile. Both the pattern and quality of development vary in the corridor and the industrially- zoned areas sit directly across either 700 Nest or 800 West from residential properties.There are a couple of small, nonconforming industrial properties mixed in with homes but otherwise, there is a clear division between the districts. Garen the goal of increasing the community's residential density, there are opportunities for infill mufti- fa milydevelopments for residents who seek urban neighborhaadswith an industrial appeal.The proximity to Doismtowrn the Jordan River and the 9 Line nail all make the area attractive to many residents. Between 800 South and 1700 South, there are approximately 75 acres of land on either side of this segment of the corridor that are vacant or underdeveloped. Assuming any individual site is not contaminated and with the appropriate building configurations and buffering from the railroad corridor, this land could be redeveloped as multi-family housing.A conservative multi-family density of 25 units per acre and a complete transformation of this land would yield over 2,000 new dwelling units.There is also opportunity for low-density infill projects on lots that are vacant but not big enough for multiple-unit residential development The landscaped medians and street trees on 800 West between 600 South and 900 South have helped create a buffer between the single-family residences and the industrial uses to the east. Such improvements are possible in this section of 900 West because the right-of-way is 90 feet wide.Elsewhere on 800 West and on all of 700 West, the right-of-way width is approximately 45 feet. One option for these smaller rightsrof-way is to disallow on-street parking and install as narrow a median as possible for trees to grow.Additionally,large trees can be planted on the west side of 700 West where industrial uses are adjacent to residential ones.Regardless of the solution,the first step is to install sidewalks,curb and gutter on 800 West and 700 West where they are missing.A majority of the cross streets have all three. GATEWAYS Five of the six routes into the Westside from the east cut through the 700 West corridor.A first-time visitor to the community, using one of these five streets, regardless of their mode of transportation, is first greeted by a land use and development pattern that is not representative of the true character of the community.This is especially problematicwhen two of the community's major assets—the Jordan River andparks on 900 South and the Sorenson Multicultural and Unity Center—are both only a half-mire from their respective gateways.The topic of gateways and their current condition was a frequent point of discussion in public meetings, and some residents believed strongly,that the gateways influenced how people felt about their community.The three gateways that were most commonly cited were 900 South,900 South and 1300 South,but 900 90LIth was generally considered the one in need of the most attention. NWFF ► The visual impact of the 900 South gateway is a result of three factors:the railroad corridor,the interstate and land uses.The latter can be addressed through regulatory and zoning changes in the short-term and redevelopment in the mid-to long-term.The first two factors,however, are barriers that must be mitigated through urban design treatments, infrastructure improvements and landscaping. While there are few realistic methods to mask the impact of the railroad corridor, viaducts provide opportunities to "recapture" these barriers and turn them into welcoming gateway features. _ These gateway also provide opportunities for more community- driven projects. These projects, which may be temporary; simple and inexpensive, should be ongoing installations that the city facilitates and monitors for public safety purposes. otherwise these projects would be the responsibility of residents and stakeholders.Activating public spaces near the gateways is another method of softening the impact of the viaducts.Increasing activity - and attracting people to a more positive public space can become t 4 4 _ = the focus of onel;attention upon entering the Community.A newly- j installed bicycle park on the south side of 900 South at 700 West is one such example.Further detail for the 900 South gateway is presented in the -' corridor plan for the 9 Line. , MOVING FORWARD The "Moving Forward" section to the left comes from E�ire wa}�s to redevelop the 7{}0 +I�est p,73 of the Westside Master Plan. ill ustrial corridor. Permitted Uses. The Planning Division should comprehensively review the uses that are permitted The Planning Division has made the 9 Line corridor a in the current light manufacturing zoning district and priority and work is now underway. determine if a new zone—an industrial park district, for example—maybe more appropriate.A new district ALL infill vacant land (owned by one party) on the block should more specifically regulate building and site face of 900 South 700-800 West has been changed to R- design and should completely prohibit any uses that produce noxious odors, fumes or other discharge or MU, and the owner of the last remaining vacant parcel other uses that rely heavily on outdoor storage. on the block face has requested it now be change to R- MU. hfixedUselnfrfl.The Planning Division should consider permitting residential and commercial infill on vacant 800 West's 90'width makes it a natural buffer between parcels in the corridor. Any infill development with a residential component shall be contingent upon mixed use and residential zoning. Master Plan environmental review Height and bulk regulations recommendations include flexible zoning in this area for infdl development should be as flexible as they are allowing 50 or more dwelling units per acre. for other uses in the zoning district in order to achieve high density development (50 or more dwelling units Even on a national level, the Federal government sees per acre). this area and this lot's entire north side block face (not Curb and Gutter. Salt Lake City should install curbs the south) specifically as a "distressed area." and gutter on all streets in the 700 West corridor where such improvements do not exist. The United States Department of Housing and Urban Development (HUD) has placed this block face in what it Si`reetscnpe Changes. The Transportation Division terms the "Opportunity Zone" where it invites owners should consider modifications to the struts on 700 to aid in developing this area for the benefit of the West and $DO West in order to buffer the existing industrial uses from the residential land uses to the Community(https://opportunityzones.hud.gov/resources/map). west.Narrow landscaped medians or large trees on the west side of 700 West are other possibilities. Transportation The current M-1 zoning does not allow for a small, multi-family home despite immediate access to public transit and recreation. With 160 new residents per day arriving, it's clear why the Utah State House Speaker mentioned transportation being the first issue when he commented on the influx of residents. He said, "State leaders are very aware of problems associated with a booming population...growth doesn't have to be the enemy but that Utah needs to be thoughtful with long-term planning for transportation, housing and recreation" (KSLTV.com, 12/28/2021). The Salt Lake City Pedestrian& Bicycle Master Plan suggested that after gathering public import, one of the key themes regarding transportation was a need for better options and "support for conventional and low stress bikeways that are designed well, especially to minimize intersection conflicts" (P. ES-2). The Salt Lake City Transit Master Plan 2017 Executive Summary suggested that "through public outreach efforts for the Transit Master Plan and past SLC planning efforts" transit officials learned that "forty-three percent (43%) of participants in the Design Your Transit System Tool indentified improved access to transit on foot and by bike as a priority" (p.107). Additionally, some age groups that are likely to rent their home (18-36 year old Millennials) are more active, taking 23% fewer driving trips, 16% more walking trips and 24% more biking trips than other households (p.7). "Public transit is also the primary mode of travel for many of the approximately 1 in 10 Salt Lake City residents that have a disability" (p.7). A ground-level home is more accommodating to some disabilities and will naturally be a part of a small, multi-family home. On a health note, obesity rates in Salt Lake County are at approximately 27%. Housing near transit and recreational opportunities increase physical activity and improve health (p.7). A home with direct access to the 9 Line corridor offers this opportunity. The 9 Line Corridor Master Plan mentioned its intent is to function as "An urban thoroughfare and public open space, helping people make connections, reduce barriers, promote healthy lifestyles." Another part of its purpose is to help "a diverse assemblage of people and user groups, [provide]the opportunity for enhancing their connections to the surrounding businesses and neighborhoods that form a unique and attractive community" (p. 9). The rezoning of this underutilized land helps us achieve this vision of bringing a "Diverse assemblage of people"together to use the 9 Line space to connect people to recreation, public transit and the surrounding businesses. Equality Equality is a characteristic woven into Salt Lake City's guiding master plans. The 9 Line Corridor Master Plan (2015) makes mention of reducing barriers and improving physical and cultural connections between the east and west sides of the City that in turn offer regional connections (p. 9). This zoning change helps people connect and reduces the barriers of east-west divide. Growing SLC:A Five Year Housing Plan 2018-2022 mentions the growing disparity between wages and rental rates appears to be creating greater instability in the lives of low-income households (p.10). "The housing crisis also impacts middle-income households" (p.11). Higher income households appear to enjoy more housing stability. This zoning change helps provide lower rents and more stability to both low-and middle-income households with more diverse, quality housing stock in a middle price range. Exacerbating the housing crisis are local barriers to housing development (p.11)... The systemic affordable housing crisis has implications for every Salt Lake City resident and business." Allowing this zoning change will allow for a well-designed, small home for someone wishing to find a nice place to live that's more affordable than what average rents in SLC are currently (RentCafe.com, Zumper.com). The Transportation Equity For Salt Lake City's Westside Study, 2021 shines a light on "Equitable Access" for west and east side Salt Lake City neighborhoods. One example of a benefit many eastside residents enjoy is the variety of several small, multi-family housing options around a major park such as Liberty Park. Additionally,you can bike or walk directly to the park from these small, multi-family options. The same opportunity around the west side's International Peace Gardens is limited. This zoning change brings "Equitable Access"to a housing option that is in limited supply around the park today and makes it accessible via the 9 Line corridor. Impact Why R-MU? • Block face zoning is consistent. Consistency seems important since spot zoning is illegal. It seems the original intent when zoning half the block R-MU was to convert this block(along 900 South) to R-MU. Would it not otherwise be considered spot zoning since there is no other R-MU zoning near this location? • 90' physical road break. With a 90'wide break between the east and west side of 800 West, including a 45' city owned park-like median, it doesn't seem we could find a better place to make a zoning break consistent with the change of the block face zoning started in 2020. • 10' extra. R-MU appears to add just 10'to the current M-1 zoning maximum height of 65'. • Practicality naturally limits height. Some may argue that the 75' height allowance in R-MU is too much for this lot. The reality is that these are two 0.05 acre lots and there is no physical way a 75' building could reasonably be constructed and allow any type of reasonable parking. Additionally, anything over 30' requires the power lines to be buried at a cost estimated to be $2.5Mi1 per an email quote from Scott.Burton@pacificorp.com (Mar/11, 3:45pm). Could some homes be torn down around the lot and developed into something larger?Yes. However, that misses the intent of building the "Missing Middle" on these lots, but it could be possible. If that large of an investment was made by an entity along a pedestrian-centric road with its own master plan dedicated to bringing people to use it,we'd be fortunate to welcome it as 900 South is one of the few entrances to the west side and its further development would be welcomed over the industrial neglect prevalent today. • Missing Middle-This size of lot is ideal for developing the "Missing Middle." • 12' on the south. The property line on the south of these lots is nearly 12' back from the sidewalk. SLC Fire requirements incentivizes owners to set a home back at least an additional 5+feet creating almost a 17' setback; this is the planned setback from which the owner intends to begin designing. • 9' on the west. The property line on the west is nearly 9' back from the sidewalk. While SLC is currently evaluating reducing parking requirements, such requirements have not yet been changed.Therefore, in order to accommodate adequate packing given current requirements of the proposed R-MU zone,the owner intents to pull the building forward to be set approximately 9' back from the sidewalk to meet the rear parking requirements. May we keep in mind that "Form" zoning approved just east a few blocks requires zero off-street parking (i.e., FB-UN2 zone for 278 West 900 South)? Why is this different than the recent rezone of 805 South 800 West to R-MU-35? • SLC made their intentions clear regarding the direction it wanted for 800 South years before the proposed zoning change for 805 S. 800 W. came along recently. Not all individual citizens/home owners sought to change the zoning of their homes to R-MU-35 along 800 South (800-900 West); that change was done by SLC or a small group getting it approved by SLC. It sent a clear message to myself as an existing owner of multiple properties along 800 West (including 804 W Genesee, separated from that zoning change by a 15' alley) and the rest of the community since the mandate was approved by SLC offices. The clear directive was that this would be more density, limited to 35' in height (via R-MU-35 zoning with its required parking of one car per unit). • 1 was the only local citizen in the room when SLC Planning Commission was reviewing the zoning change request for 805 W. 800 S. The Planning Commission indirectly invited the owner to change his proposed zoning request from R-MU-45 to R-MU-35. Those actions were consistent and appropriate since SLC had already made its intentions clear for the area (the expanded block face of I-15 to 900 W) by initiating a zoning change to R-MU-35 years ago. That owner was simply being asked to adjust his request to meet the established pattern previously set. In that meeting, he graciously complied with the informal request before leaving the room. • Similarly, SLC has approved a welcome change to R-MU zoning for 50%of the block face (700-800 W) along a future pedestrian, non-car corridor with its own master plan (the 9 Line Corridor Master Plan). Like the directional change on 800 South,the change on 900 South was set in motion years ago. The actions were clear. The message sent to local citizens was clear. The pattern of development along the respective roads was different, but made clear in the same fashion. As a resident, I read the actions and directions of SLC as a clear change to the area and purchased two lots along the same block face that was zoned R-MU. I've made a decision to invest and beautify this area years ago in a way that goes beyond what is"Required" (details below). I seek R-MU zoning, not R-MU-35 or 45 in its current form. What's the impact to surrounding single-family homes and where has this been done in SLC already? • Along non-car,transit lines (i.e., the pedestrian walkway of 900 South or TRAX line on 200 South), R-MU is a sound zoning choice because it requires at least some parking; this is in comparison to the zero parking requirement of selectively used Form zoning. R-MU is a natural choice over other zoning options when existing lot lines are set back a reasonable distance from the public sidewalk.That's the case with the corner of 900 South 800 West. • There is an example worth noting that is nearby this proposed zoning amendment, namely 900 South 200 West. Form zoning(FB-UN2)turns to R-MU zoning as you move from 900 South 200 West further south and pass a major freeway exit (the 900 South 1-15 exit), shown below. Immediately after a major 1-15 road, R-MU zoning is the first zoning used (1015 South 200 West) on a corner lot with multi-family units. On the other end of the block face is the same R-MU zoning (1075 South 200 West). In-between the two R-MU lots are four one-story, single-family homes which have been zoned RMF-35. In principle & use, this is almost an exact match to what is being proposed with this zoning amendment for the corner of 900 South 800 West. • It's worth noting that at 1075 South 200 West, only 45' separate a R-MU lot from additional one-story, single- family homes to the south. That's half the distance of the existing 90' between this proposed R-MU zoned corner lot of 900 South 800 West and the one-story, single-family homes to the west on 900 South. Additionally,this planned building on the corner of 900 South 800 West is a two-story building, making it fit in more seamlessly with the 900 South neighborhood. ro NJ ..f yJy� I��1 4, R-MU (10155) :. RMF-35 R-M U (1075 S) RMF-35 • The proposed zoning amendment would create a version of the example above; however,the 900 South 800 West lot's building would be more appropriately sized to blend in with the existing single-family homes. • The recommended zoning for 900 South 800 West would layout similarly to other nearby non-car, pedestrian corridors (example above). 77 'Mop R-MU i r I R-MU M-1/TBD ``��►► - _ M-1/TBD NN i111111111tl11U1111�OLR J VAi�Rnh\�� Additional Impact All vacant land on the 900 South (700-800 West) block face is owned by two parties. One party rezoned all their vacant land to R-MU in 2020. The other party wishes to now do the same. What wasn't changed to R-MU is still M-1 which was setup years ago before most manufacturing moved west. While there are several uses for a vacant lot in the current M-1 zone that may be potentially profitable,these don't seem appropriate for the space. These include: a recycling collection station, a gas station, a cannabis production establishment,tire distribution center, sign painting&fabrication, 24-hour taxicab service or a dead animal cremation service center. With 50%+of the 900 South block face (700-800 West) being rezoned to R-MU,the city's intent to bring more mixed residential use along the 9 Line corridor is clear and consistent with the city's long-term planning documents. While the M-1 zone allows for a hotel/motel to be built,the zoning needs to be changed for a more appropriate small, multi-family home to be allowed. It may be helpful for some to compare M-1 and R-MU zoning setbacks. As I understand them,they are as follows: M-1 has no setback requirements for the interior side yard or the rear yard. R-MU has no setback requirements for the interior side yard or the front/corner side yard. M-1 has a 15'front&corner side yard setback M-1 has no open space requirement for a lot nor does it require any rear yards. R-MU requires 20%+open space and a rear yard that is 25%of lot depth, but not exceeding 30'. In the end, changing 900 South 800 West's vacant land zoning to match all other vacant land zoning on the block face is appropriate. Additionally, R-MU zoning incorporates a 20%open space requirement (currently zero open space is required in the M-1 zone) and is the best zoning for helping incorporate off-street parking into the future design. Such zoning seems appropriate since it also requires more parking than the Form zone approved a couple blocks east which requires zero off street parking. R-MU zoning for the last vacant lot on the block face is an infill decision supported by seven SLC long-term planning documents and is in harmony with SLC's vision of sound planning. v�-oos N � -W i• 1 Z77�� P r > a+ iom y _ Proposed Site Plan: Building (blue) Parking (gray) Open space inside the lot lines exceeds 20% min (light green) Additional open space outside the lot lines (dark green) `�i _ I, ,s r r • h t>� 1 fJ �� r+ - Proposed Building Q Owner's Green Space Proposed Parking SLCs Owner Maintained Green Space The Owner's Proven Commitment To The Community The owner of the property believes in the restoration and enhancement of this community along 800 West. Beginning in 2017 (SLC Case#PLNZAD2017-00393),the owner started with a vacant, neglected lot (830 South 800 West). The owner and his wife designed a custom home with a goal of building a home to add a pocket of sunshine to the area. The home's front door& much of the landscape is designed to be the color of sunshine with the goal of literally adding more sunshine to the neighborhood. Additionally,they sought to bring vintage features into a home that was designed to feel like a restored 1920's home. This included a wood-based exterior over 100%of the home,vintage exterior lighting as well as wood floors and tile that were consistent with buildings from the early 1900's. Lastly, it was landscaped to beautify the neighborhood and was referred to by one neighbor as the street's "Garden of Eden." Despite some individuals experiencing homelessness unplugging the water system to charge their cell phones, it still looks presentable and will be worked on again in 2022. Between this home and a second home (similarly built on a vacant, neglected lot at 802 West Fayette Avenue), nearly 150 trees, shrubs, bushes, grasses and flowers were installed by the hands of the owner. Besides building homes complimenting the character of the neighborhood,the owner has helped and supported other owners along 800 West prepare to improve their land. He began years ago supporting one owner of a vacant parcel at 1050 South 800 West purchase the dilapidated home (808 W. Dalton)that had become a safety issue next door. He supported the owner who then completed a lot line adjustment and he helped sell the lots to individuals who completed the teardown and are beginning the development of 808 W. Dalton.The owner noticed the neglected lots of 800 South 800 West, but when he called to begin the process to clean up that lot(805 South 800 West), it was already in-process to be cleaned up and developed. The lots on the corner of 900 South and 800 West were the last of the neglected lots on 800 West to be cleaned up. The owner and his family have begun cleaning them of trash and weeding them. Rezoning these lots is the first step towards designing a custom home that is suited to the lot, neighborhood and community. The owner has previously worked as a Research Scientist designing product, packaging, and shelf space layouts prior to taking an interest in designing custom living spaces and landscapes to enhance the quality of life. For this corner, designs are being reviewed that originate in northern Europe, Hong Kong, New York and the Salt Lake Valley with the hope of bringing design elements that compliment the neighborhood and restore beauty to a vacant, neglected corner lot. The owner is studying the use of efficient building materials and practices that would enhance life for residents and the community. Upon rezoning,the owner will engage the professional services of additional designers, architects, engineers and builders. The owner believes he can add to our community by providing a quality home in which to live. He's currently renting to or has rented to a diverse set of people living and working right in our community including retired veterans, a member of Ballet West, a volunteer of public radio, nurses,janitors, an airline analyst, self-employed service contractors, house cleaners, and partially-disabled individuals. This zoning change allows for something to be built that will include ground-level units that may also afford some the rare chance to age in place near family. Additionally,this rezoning will offer a housing option that is disappearing since many multi-story apartment buildings are now including either parking on the first floor or commercial retail space. Thank you for time and for the opportunity to work together to bring something good to our community. Sincerely, Cameron Broadbent 4. MAILING LIST NAME ADDRESS UNIT CITY STATE ZIP CODE MARIO ARTURO BALTAZAR SANCHEZ 817 W GENESEE AVE SALT LAKE CITY UT 84104 SHAUN L SIMPSON;CAROL SIMPSON(JT) 813 W GENESEE AVE SALT LAKE CITY UT 84104 ANDREW W COLE 2171 W 1970 NORTH CIR ST GEORGE UT 84770 ROSENDO ZAVALA 801 W GENESEE AVE SALT LAKE CITY UT 84104 JOSE SAMUEL GRACIA;REYNA GLORIA GRACIA(JT) 854 S 800 W SALT LAKE CITY UT 84104 PATRICIO J BLANDON 866 S 800 W SALT LAKE CITY UT 84104 ADRIENNE M AMES 822 W 900 S SALT LAKE CITY UT 84104 GORDON R SOLT 816 W 900 S SALT LAKE CITY UT 84104 ANNALISA E ESQUIBEL;ALESANDRE GONZALES(TC) 810 W 900 S SALT LAKE CITY UT 84104 CHASE SOVEREEN 872 S 800 W SALT LAKE CITY UT 84104 ALAN STEVEN CURTIS 1947 E STAG HILL CIR DRAPER UT 84020 MONTAGUE APTS LLC 10896 S 1000 E SANDY UT 84094 SALT LAKE CITY CORPORATION PO BOX 145460 SALT LAKE CITY UT 84114 NICOLE DANIELLE CURTIS 853 S 800 W SALT LAKE CITY UT 84104 MICHAEL J HOPPER;HERMELINDA G HOPPER(JT) 865 S 800 W SALT LAKE CITY UT 84104 AMANDA CLARE FERNANDEZ;JIMMY FERNANDEZ 869 S 800 W SALT LAKE CITY UT 84104 COLLEEN MAREE FECHNER 871 S 800 W SALT LAKE CITY UT 84104 CAMERON BROADBENT 10962 S MANITOU WY SOUTH JORDAN UT 84009 ARLINE STONE;TRACY BUTTERFIELD;JACOB BUTTERFIELD;IRENE MARTIN; 763 W GENESEE AVE SALT LAKE CITY UT 84104 THOMAS S SATTERFIELD;LESLIE SATTERFIELD(JT) 2251 E ALVA CIR MILLCREEK UT 84109 3148 LLC 51 E 400 S SUITE 210 SALT LAKE CITY UT 84111 LINNUS WEGE 751 W GENESEE AVE SALT LAKE CITY UT 84104 ROSA M VEGA 756 W 900 S SALT LAKE CITY UT 84104 JESUS CHACON;RAQUEL CHAVEZ(JT) 750 W 900 S SALT LAKE CITY UT 84104 PETER R VIOLETTE;ALANA C VIOLETTE(JT) 1576 ELVADO DRWAY#6 SIMI VALLEY CA 93065 J&B PROPERTIES UTAH 2 LLC 729 S KILBY CT SALT LAKE CITY UT 84101 LINDA M BEDDICK 8S1 S 800 W SALT LAKE CITY UT 84104 LAWRENCE H IV FRAMME 847 S 800 W SALT LAKE CITY UT 84104 VANESSA CHARCAS;JOSEPH C GORMAN(JT) 767 W GENESEE AVE SALT LAKE CITY UT 84104 855 S,A SERIES OF NORTHCREST HOLDINGS,LLC 3923 S 500 E MILLCREEK UT 84107 857 S,A SERIES OF NORTHCREST HOLDINGS,LLC 3923 S 500 E MILLCREEK UT 84107 WEST END LLC 176 N 2200 W#200 SALT LAKE CITY UT 84116 205 HUDSON ST NEW YORK NY 10013 UTAH PAPER BOX COMPANY 920 S 700 W SALT LAKE CITY UT 84104 SAN PEDRO,L A&S L RAILROAD CO 1400 DOUGLAS ST STOP 1640 OMAHA NE 68179 Current Occupant 809 W GENESEE AVE Salt Lake City UT 84104 Current Occupant 924 S 800 W Salt Lake City UT 84104 Current Occupant 810 W MONTAGUE AVE Salt Lake City UT 84104 Current Occupant 802 W MONTAGUE AVE Salt Lake City UT 84104 Current Occupant 855 W 900 S Salt Lake City UT 84104 Current Occupant 875 S 800 W Salt Lake City UT 84104 Current Occupant 792 W 900 S Salt Lake City UT 84104 Current Occupant 757 W GENESEE AVE Salt Lake City UT 84104 Current Occupant 755 W GENESEE AVE Salt Lake City UT 84104 Current Occupant 748 W 900 S Salt Lake City UT 84104 Current Occupant 746 W 900 S Salt Lake City UT 84104 Current Occupant 766 W 900 S Salt Lake City UT 84104 Current Occupant 765 W GENESEE AVE Salt Lake City UT 84104 Current Occupant 855 S 800 W Salt Lake City UT 84104 Current Occupant 857 S 800 W Salt Lake City UT 84104 Current Occupant 739 W GENESEE AVE Salt Lake City UT 84104 Current Occupant 742 W 900 S Salt Lake City UT 84104 Current Occupant 740 W 900 S Salt Lake City UT 84104 Current Occupant 744 W 900 S Salt Lake City UT 84104 Current Occupant 755 W 900 S Salt Lake City UT 84104 Current Occupant 959 S 800 W Salt Lake City UT 84104 Current Occupant 915 S 900 W Salt Lake City UT 84104 Current Occupant 733 W GENESEE AVE Salt Lake City UT 84104 COUNCIL STAFF REPORT �•••J.", CITY COUNCIL of SALT LAKE CITY�� Igloo Item Schedule: TO: City Council Members Briefing:April 4,2023 Potential Action:TBD FROM: Sam Owen, Policy Analyst DATE: March 31, 2023 RE: Title 16 Amendment related to the Airport ISSUE AT A GLANCE The Administration proposes updates to the Salt Lake City Code Chapter 16, which regulates the Airport. The proposed update includes changes in the following categories: a) removal of sections separately addressed by Federal regulations, b) merging ground transportation regulations into Chapter 5.71 of City Code, c) utilizing a separate document to cover minimum standards for"commercial aeronautics", and d) general updates. The changes take a number specific regulations listed in the existing ordinance and relocate them to an Administrative Rules&Regulations document,which is referenced in the existing and amended ordinance. Moving or consolidating these items to a separate document is described as consistent with industry best practices, and makes updates and consistency easier. The proposed ordinance amendment is being reviewed by the Council,because the amendments will shift some regulations and authority out of a Council-adopted ordinance and rely solely on an Administrative rules document.Many of the proposed amendments seem reasonable for consolidation purposes, "housekeeping"type of improvements, and to remove items that are more operational in nature and should not be referenced in the Code. However,the Council may prefer to review the list of changes more closely(from categories c and d especially),because there may be a smaller list of items that are proposed for removal from the Code that should remain in the ordinance and with a step of Legislative oversight. KEY ITEMS CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 SLCCOUNCIL.COM P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651 The existing chapter is proposed for total repeal, and replacement with the amendment. For this reason, every part of the ordinance is being removed and rewritten. In categories`c' and`d'of the proposal,some regulation items in ordinance would either be eliminated or shifted to the administrative document.Many of these are already delegations in the existing Code to the Airport Director(so that delegation would shift, or the specific carve out would be eliminated altogether). Some examples: • process for event permitting(freedom of expression permits) —the existing ordinance includes a reference to the administrative Rules&Regulations document, and the proposed ordinance amendment would remove the reference. • the existing Code includes specific references to solicitation of charitable contributions for religious,political or other activity.The proposed update would include removing this specific regulation from the ordinance and replacing it with a blanket delegation that instead refers to the existing and updated list in the Department's Rules&Regulations document. • removing"minimum standards" and technical and regulatory language from the Code.The regulations are covered in other sources such as federal aviation requirements.The minimum standards involve commercial requirements for operators using the Airport for commercial activity.These standards are outlined at length in the last two sections of the administrative transmittal. • removes entirely the minimum standards language from the ordinance, and places it in these administrative documents shown in the transmittal.These standards have to do with commercial aviation operators, airlines and others doing business at the Airport. • the ordinance currently delegates to the Director the power for"policing and protection"of the public to guarantee safety at the Airport.The update proposal instead references the administrative rules which say the Department or an authorized law enforcement agency can remove people from the Airport if they are not complying with rules. (This may be an example of an item that should retain a Legislative role and remain in the ordinance.) Provisions related to ground transportation permits and fees are proposed to be removed because 1) they occur in the City's section of Code that regulates business fees and licensing or 2)the rules appear also in the administrative document.Where the rules are in the administrative document the update would eliminate them from the existing Airport Code and rely instead on the document.The ordinance expressly allows the Director to set these and other fees. POLICY QUESTIONS 1) Based on the four categories of changes,the Council may wish to provide direction further conversation and review. a) For items that have included either a reference or full process in City Code, and are proposed for removal—is the Council supportive of the amendments or would a more thorough review be preferred?Would the Council like to discuss the value of leaving any set of these regulations in ordinance rather than fully delegating them to the department? b) For proposed changes related to consolidating ground transportation regulations into another section of Code, does the Council have any questions or concerns? c) For proposed changes to remove Airport operations that are governed by federal regulations, does the Council have any questions or concerns? Page 12 2) The existing ordinance outlines the Director's role in setting some fees,however the Council does review and adopt the Consolidated Fee Schedule where these fees are located.This practice would be maintained in the proposed ordinance amendments. For any proposed amendments related to fee-setting authority(either within ground transportation or otherwise),would the Council like to review those? 3) Existing Code includes a section,like a preamble,to the Airport chapter.That introductory policy statement is pasted below for your reference,but is proposed to be eliminated in the amended ordinance.Would the Council like to discuss maintaining this previous policy language or something similar in the proposed ordinance? "The city council finds that: A.Aircraft transportation of all kinds is rapidly accelerating and expanding in all its fields and requires and will require increasingly larger areas for landing facilities,terminal facilities, warehouse facilities,hangar and other facilities to accommodate such transportation; B. Salt Lake City International Airport and Airport II are situated in the center of the great intermountain west, and as such will attract and serve an ever expanding aircraft transportation system and efforts are being made to increase the number of airlines using said airports; C. In order to meet the needs of the aircraft industry using such airports,it is necessary that immediate steps be taken to enlarge the airports and their facilities; D. It is necessary that the city make plans for the enlargement of the airports to provide the necessary accommodations and to protect the air space needed therefor; E. It is further necessary to adopt a master plan which will define and fix the exterior boundaries of the area necessary for the orderly and convenient expansion of such airport facilities in order to keep abreast of the needs and requirements of the air transportation industry which the airports should and will serve. (Ord. 88-86 § 12, 1g86: prior code § 2-17-1)" ADDITIONAL&BACKGROUND INFORMATION Airport Director role: The proposed update lists the amended powers of the Airport Director, including the following: • adopt rules and regulations, as well as standards for any commercial activity(aeronautical and non-aeronautical) • "regulate the development, construction,use,occupancy, management, security, control, operation, care, repair and maintenance of all the land, structures and facilities within the airport system" • "establish reasonable time,place and manner guidelines for the exercise of First Amendment rights" • "regulate the operation of passenger and vehicle traffic,ground transportation" • "establish and set rates,fees and charges as shall be necessary to meet the needs for operating the airport system" • any other purpose approved by the Mayor. Fees: The ordinance currently outlines formulas for many air carrier fees that are instead now posted in the Consolidated Fee Schedule(CFS).The Rules and Regulations document also refers to the Airport section of the consolidated fee schedule.The change would consolidate the setting of the fee to the rules document and the CFS. Page 13 Waivers: The proposed update also maintains language from the existing chapter that allows the Airport Director to waive certain requirements and regulations with permission from the Mayor and notice to the Council,under a range of circumstances listed in the amendment. Other items: The existing and amended ordinance spell out that by using the Airport, users are bound by the rules and regulation laid out in that separate document. The ordinance currently prohibits disclosure of confidential information related to Airport facility access.The update would instead refer to the Administrative Rules&Regulations document,which has a section on security and access control with more detail than the ordinance. ATTACHMENTS i. Administrative Transmittal 2. Administrative Rules&Regulations Document Page 14 OEPARIMENT H AIRPORTS Rules and Regulations Updated: December 2022 Salt Lake City Department of Airports Rules and Regulations Table of Contents 1. Introduction 1.1. Purpose 1.2. Administration and Responsibility 1.3. No Pre-emption 1.4. No Actual or Implied Contract 1.5. Changes to Rules and Regulations 1.6. Enforcement 1.7. Variance or Waiver 1.8. Nondiscrimination 1.9. Authority of the Executive Director 2. Definitions 2.1. Aeronautical Activities 2.2. Air Operations Area(AOA) 2.3. Air Traffic Control (ATC) 2.4. Aircraft Design Group 2.5. Aircraft Maintenance 2.6. Aircraft Movement Area 2.7. Airframe and Power Plant Mechanic (A and P Mechanic) 2.8. Airline Use Agreement(AUA) 2.9. Airport 2.10. Airport Emergency Plan(AEP) 2.11. Airport Ground Transportation Dwell Time Fee(s) 2.12. Airport Layout Plan(ALP) 2.13. Airport Non-Registered Interstate Bus Operator Temporary Permit 2.14. Airport Ready Passenger Provider 2.15. Airport Security Program(ASP) 2.16. Airworthy 2.17. Apron 2.18. Authorized Ground Transportation Business 2.19. Automated Vehicle Identification(AVI) Tag 2.20. Baggage Areas 2.21. Based Aircraft 2.22. Business License Office 2.23. Central Receiving and Distribution Center(CRDC) 2.24. City 2.25. Civil Notice 2.26. Code of Federal Regulations (CFR) 2.27. Commercial 2.28. Common Use Gates 2.29. Concessionaire 2.30. Day Use Areas 2.31. Delivery Areas 2 2.32. Department of Homeland Security(DHS) 2.33. Directors 2.34. Environmental Laws 2.35. Executive Director 2.36. Federal Aviation Administration(FAA) 2.37. Federal Inspection Services Facility(FIS) 2.38. Fixed Base Operator(FBO) 2.39. Foreign Object Debris (FOD) 2.40. Fuel Handling 2.41. Gateway 2.42. Ground Service Equipment 2.43. Ground Service Operators 2.44. Ground Transportation Appeal Committee 2.45. Ground Transportation Applicant 2.46. Ground Transportation Business 2.47. Ground Transportation Inspection 2.48. Ground Transportation Inspection Seal 2.49. Ground Transportation Service 2.50. Ground Transportation Vehicle 2.51. Hazardous Waste 2.52. Hazardous Wildlife 2.53. Hours of Operation 2.54. Leafleting, Leaflet 2.55. Master Plan 2.56. Non-Movement Area 2.57. Non-profit or Non-profit Activity 2.58. Non-Signatory Airline 2.59. Off Airport Parking Shuttle 2.60. Operator(s) 2.61. Person 2.62. Picket, Picketing 2.63. Preferential Use Gate 2.64. Public Areas 2.65. Refueling Vehicle 2.66. Regulatory Measures 2.67. Release 2.68. Restricted Access Area 2.69. Rules and Regulations 2.70. Run-up 2.71. Salt Lake City Corporation 2.72. Salt Lake City Department of Airports (SLCDA) 2.73. Salt Lake City Police Department(SLCPD) 2.74. Security Identification Display Area(SIDA) 2.75. Signatory Airline 2.76. Solicit, Solicitation, Soliciting 2.77. Specialty Vehicles 3 2.78. Staging Lot(s) 2.79. Starter 2.80. Sterile Area 2.81. Surface Movement Guidance Control System(SMGCS) 2.82. Taxilane 2.83. Taxiway 2.84. Tenant 2.85. Terminal 2.86. Third Party Operators 2.87. Through-the-Fence Access 2.88. Ticket Counters 2.89. Toxic Chemicals 2.90. Transient Aircraft 2.91. Transportation Network Company(TNC) 2.92. Transportation Security Administration(TSA) 2.93. Unmanned Aircraft Systems (UAS) 2.94. Vehicle Operators Badge or Operators Badge 2.95. Vehicle Service Road or Perimeter Road 2.96. Vehicles for Hire 2.97. Wildlife Attractants 3. General Rules and Regulations 3.1. Abandoned or Derelict Property 3.2. Accidents or Incidents 3.3. Advertising Privileges 3.4. Airport Liability 3.5. Automated External Defibrillators 3.6. Cleanliness of Airport 3.7. Clear Zone 3.8. Commercial Activities 3.9. Commercial Photography/Filming 3.10. Compliance with Regulatory Measures 3.11. Construction and Alteration 3.12. Cooking Appliances 3.13. Cost Recovery for Property Damage and Personal Injury 3.14. Emergency Operations Plan 3.15. Energy Management Program 3.16. General Conduct and Use of Public Areas 3.17. Insurance Certificates 3.18. Licenses, Permits, Certifications, and Ratings 3.19. Lost and Found 3.20. Media Response 3.21. Painting 3.22. Preservation of Property 3.23. Payment of Rents, Fees and Charges 3.24. Radio &Wireless Communications 4 3.25. Public Records Requests 3.26. Third Party Use of Select Space at the Airport 3.27. Response to Public Input 3.28. Restricted Access Areas 3.29. Sanitary Sewer System 3.30. Storm Drainage System 3.31. Signage and Graphic Standards 3.32. Solicitation, Demonstrations and Free Speech 3.33. Smoking 3.34. Special Events 3.35. Tenant Compliance 3.36. Tenant Signage/Advertisements 3.37. Third Party Operators 3.38. Through-the-Fence Access 3.39. Trash and Other Waste Containers 3.40. Use of Roads and Walks 3.41. Use of South Perimeter Path 3.42. Protection of Finishes 3.43. Wildlife Hazard Management Plan 4. Safety, Security and Access Control 4.1. Restricted Areas 4.2. Role of the Transportation Security Administration 4.3. Weapons, Explosives, and Incendiaries 4.4. Access Control and Enforcement 4.5. Keys and Locks 4.6. Airport Security Badge Fees 5. Aircraft Operations 5.1. Compliance with Rules and Regulations 5.2. Requirements for Aircraft 5.3. Clearance May Be Refused 5.4. Taxiing 5.5. Passenger Loading Bridge Operation and Maintenance 5.6. Aircraft Parking and Storage 5.7. Overnight Parking (RON) 5.8. Disabled Aircraft or Aircraft Involved in an Accident 5.9. Aircraft Accident and Incident Reports 5.10. Aircraft Assembly, Cleaning, Maintenance and Repair 5.11. Helicopter Operations 5.12. Noise Abatement Procedures 5.13. Specialized Aeronautical Activities 5.14. Air Traffic Rules 5.15. Unmanned Aircraft Systems (UAS) 5 6. Common Use Gate Policies and Procedures 6.1. Advance Gate Allocation 6.2. Submitting Primary and Secondary Advance Allocation Requests 6.3. SLCDA Advance Allocation Priorities 6.4. Priority Consideration for Airlines with Concurrent Operations 6.5. Priority within Levels 6.6. Non-Scheduled Flight Operations and Emergencies 6.7. Non-Allocated Requests for Common Use Gates 6.8. Irregular Operations 6.9. Gate Occupancy Period 6.10. Terminating and Originating Operations (Non-Turns) 6.11. Exceeding Allocated Occupancy 6.12. Cancellation or Modification of Gate Use Requests 6.13. No Availability at Common Use Gate 6.14. Common Use Gate Usage Prompting Preferential Use Gate Status 6.15. Standard Provisions 6.16. Fees and Charges 6.17. Non-Compliance and Penalties 7. Aircraft Fueling and Handling 7.1. Fueling Permits 7.2. Inspection 7.3. Operations 7.4. Spill Prevention and Response 7.5. Maintenance and Staging 7.6. Fuel Flowage Fees 7.7. Off-Premises Fueling 7.8. Transient Fueling Operations 8. Snow and Deicing 8.1. Snow Removal 8.2. Deicing Fluid Storage 8.3. Aircraft Deicing Operations and Procedures 8.4. Transient Deicing Operations 8.5. Usage Reporting 9. Motor Vehicle Operations 9.1. General Provisions 9.2. Vehicle Licensing and Equipment 9.3. Ground Support Equipment 9.4. Vehicle and Equipment Washing, Cleaning and Maintenance 9.5. Terminal Area 9.6. Air Operations Area 9.7. Aircraft Movement Area 9.8. Safety Enforcement Policy 9.9. Vehicle Maintenance 6 9.10. Operator Licensing and Permits 9.11. Parking and Standing 9.12. Impoundment of Motor Vehicles 10. Terminal Operations 10.1. General Conduct 10.2. Terminal Maintenance 10.3. Trash Disposal and Recycling 10.4. Concession and Service Privileges 10.5. Concession Hours of Operation and Conduct 10.6. Vending Machines 10.7. Decorations 10.8. Advertising, Promotions, Signage 10.9. Animals in the Airport or on Leased Property 10.10. Single Airline Contracted Wheelchair Provider 10.11. Electric Carts for Persons With Reduced Mobility 10.12. High Visibility Vests/Clothing 10.13. Drug-Free Workplace 11. Tenant Rules and Regulations 11.1. Landscaping Requirements 11.2. Tenant-to-Tenant Access 11.3. Tenant Accident and Incident Reporting Requirements 11.4. Hangar and Fixed Base Operator Inspections 11.5. Ownership of Tenant Improvements 11.6. Employee Parking Program 11.7. Storage or Placement of Equipment in Unauthorized Areas 11.8. Satellite Dishes and Antennae 11.9. Central Receiving and Distribution Center(CRDC) 12. Fire Regulations 12.1. General Provisions 12.2. Hazardous Materials 13. Fiber Optic Infrastructure and Telecommunication 14. Ground Transportation 14.1. State and City Registration and Licensing 14.2. Fees 14.3. Ground Transportation Vehicle Requirements 14.4. Drivers and Starters 14.5. Appearance Standards for Drivers and Starters 14.6. Behavior and Conduct Standards for Drivers and Starters 14.7. Airport Commercial Ground Transportation Operations 14.8. Utah Transit Authority(UTA) 14.9. Transportation Network Company(TNC) 7 14.10. Delivery Vehicles 14.11. Accessible Service for People with Disabilities 15. General Aviation Hangar Use 15.1. Purpose 15.2. General 15.3. Administration 15.4. Aeronautical Use of Hangars 15.5. Storage of Aircraft 15.6. Maintenance, Repair, or Refurbishment of Aircraft 15.7. Storage of Aircraft Handling Equipment 15.8. Special Use of Hangar 15.9. Indefinite Storage of Non-Operational Aircraft 15.10. Commercial Construction of Aircraft 15.11. Designated Aircraft 15.12. Ownership of Stored Aircraft 15.13. FAA Aircraft Registration 15.14. State of Utah Aircraft Registration 15.15. FBO Hangars 15.16. Corporate Hangars 15.17. Non-Aeronautical Use of Hangars 15.18. Storage of Non-Aeronautical Items 15.19. Prohibited Use of Hangars 15.20. Insurance 15.21. Hangar Inspection Program 15.22. Miscellaneous 8 1. INTRODUCTION 1.1 Purpose These Rules and Regulations are designed to protect the public health, safety, interest, and general welfare at the Salt Lake City International Airport(SLCIA), South Valley Regional Airport(SVRA), and Tooele Valley Airport(TVY), and to restrict or prevent any activity or action that would interfere with the safe,orderly, and efficient use of the Airport by its passengers, operators,tenants,and authorized users. 1.2 Administration and Responsibility The Rules and Regulations apply to the activities, operation, and use of Salt Lake City International Airport, and as applicable,to South Valley Regional Airport, and Tooele Valley Airport. Copies may be obtained during normal business hours at the Airport's administrative offices,located on the third floor of the Terminal at 3920 West Terminal Drive, Salt Lake City,UT 84122 or by accessing the following link: https://slcaiiport.com/business-services/rules-and-regulations/. Every Person and Operator doing business at the Airport is obligated to comply with these Rules and Regulations, and any applicable federal, state, or local requirements. 1.3 No Pre-emption To the extent of any irreconcilable conflict between these Rules and Regulations and any federal, state, and local statutes,ordinances,policies or procedures,these Rules and Regulations will be subordinate to such other laws and policies. It is not the intent of these Rules and Regulations to excuse any Person or Operator from the performance of any obligation it may have under any agreement with the City and/or the SLCDA,whether the agreement is in existence on the date of the adoption of these Rules and Regulations or entered into at any time thereafter. Such agreements may include requirements,terms, or conditions in addition to or more restrictive than these Rules and Regulations. 1.4 No Actual or Implied Contract These Rules and Regulations do not create an actual or implied contract between the City and/or the Airport and any Person, including,without limitation, employees,vendors, service providers,tenants,Airport users,or any other entity or Person with respect to any matter or issue. 1.5 Changes to Rules and Regulations The Rules and Regulations may be changed by the Executive Director who will give notice to Airline Airport Affairs Committee(AAAC) on matters pertinent to the airlines and as required by the Airline Use Agreement(AUA). 1.6 Enforcement The SLCDA or authorized law enforcement agency may remove or evict from the Airport any Person,who violates any rule or regulation prescribed herein, or any rule or 9 regulation by federal, state,or local government.Any individual who enters or is present at the Airport in violation of these Rules and Regulations,or any applicable federal, state or City laws,may be directed to leave the Airport by a law enforcement officer,the Airport Executive Director,or by any authorized Airport employee. Persons directed to leave the Airport for the following violations may receive a trespass warning banning entry to the Airport without a valid airline ticket for the time specified. a. Returning or refusing to leave the Airport as specified under Rule 3.16,General Conduct and Use of Public Areas—Three (3)months b. Vandalizing or defacing Airport facilities or property—Three(3)months C. Engaging in the theft of goods, services,or personal property at the Airport—Six (6)months d. Threatening or assaulting Airport employees or other authorized users—Six(6) months e. Involvement in the commission of a misdemeanor at the Airport—Six(6)months f. Entering or breaching of a secured area by a non-employee—One(1)year g. Causing an aircraft to divert or return to a gate at the Airport—One(1)year h. Involvement in the commission of a felony at the Airport—One(1)year Failure to comply with a direction to leave the Airport may result in the individual being arrested and charged with trespass under Salt Lake City Code § 11.36.130 or other applicable law. 1.7 Variance or Waiver The SLCDA may vary from the provisions of these Rules and Regulations from time-to- time when circumstances may require. 1.8 Nondiscrimination Any individual and/or entity for itself,its heirs,personal representatives,successors in interest, and assignees, shall comply with all federal requirements imposed pursuant to nondiscrimination in federally assisted programs of the United States Department of Transportation, and as said regulations may be amended. 1.9 Authority of the Executive Director The Executive Director is authorized to enforce these Rules and Regulations as required to assure the convenience and safety of the traveling public and others using the Airport. In addition to these Rules and Regulations,the Executive Director is empowered to 10 issue other guidelines to ensure the safety and well-being of Airport users or as otherwise determine to be in the best interest of the SLCDA. The Executive Director may designate authorized designees to enforce these Rules and Regulations and prohibit use of the Airport or any part thereof by any Person in violation of these Rules and Regulations. The Executive Director may use any legal remedy or recourse to aid the enforcement of the provisions contained in these Rules and Regulations. Appeals or resolution processes other than those regulated by applicable law will be heard by the Executive Director. 2. DEFINITIONS Any terms not defined in this section shall have the meaning set forth in applicable federal, state, and local laws. 2.1 Aeronautical Activities Any activity or service that involves,makes possible,facilitates,is related to, assists in, or is required for the operation of aircraft or another aeronautical activity or which contributes to or is required for the safety of such operations. The following activities,without limitation,which are commonly conducted on airports, are considered aeronautical activities within this definition: aircraft charter,pilot training, aircraft rental, sightseeing, aerial photography, aerial spraying and agricultural aviation services, aerial advertising,aerial surveying,air carrier operations (passenger and cargo), aircraft sales and service, sale of aviation fuel and oil,aircraft maintenance, sale of aircraft parts, and any other activity which,in the sole judgment of the SLCDA, because of its direct relationship to the operation of aircraft or the Airport,can be appropriately regarded as an aeronautical activity. 2.2 Air Operations Area(AOA) All Airport areas where aircraft can operate,either under its own power or while being towed. The Air Operations Area includes runways,taxiways,and apron areas. 2.3 Air Traffic Control(ATC) The Federal Aviation Administration(FAA)air traffic control system and/or tower. 2.4 Aircraft Design Group A grouping of aircraft based upon wingspan or tail height as designated by the FAA. Where an airplane is in two categories,the most demanding category shall be used. The groups are as follows: Group L• Up to,but not including, 49 feet wingspan or tail height up to but not including 20 feet. Group II: 49 feet up to,but not including, 79 feet wingspan or tail height from 20 up to but not including 30 feet. 11 Group III: 79 feet up to,but not including, 118 feet wingspan or tail height from 30 up to but not including 45 feet. Group IV: 118 feet up to,but not including 171 feet wingspan or tail height from 45 up to but not including 60 feet. Group V: 171 fcct up to,but not including,214 feet wingspan or tail height from 60 up to but not including 66 feet. Group VI: 214 feet up to,but not including,262 feet wingspan or tail height from 66 up to but not including 80 feet. 2.5 Aircraft Maintenance Aircraft maintenance is considered to be the repair,maintenance,alteration,preservation, or inspection of aircraft(including the replacement of parts). Major maintenance includes major alterations to the airframe,power plant,and propeller as defined in federal regulations. Minor maintenance includes normal,routine annual inspection with attendant maintenance,repair,calibration,or adjustment of aircraft and its accessories. Aircraft assembly is included within the definition of aircraft maintenance. 2.6 Aircraft Movement Area(AMA) The runways,taxiways,and other areas of the Airport under the control of air traffic control towers,which are used for taxiing or hover taxiing, air taxiing,takeoff, and landing aircraft, exclusive of loading ramps and aircraft parking areas. 2.7 Airframe and Power Plant Mechanic (A and P Mechanic) Someone holding an FAA authorized aircraft mechanic certificate with both airframe and power plant ratings. 2.8 Airline Use Agreement(AUA) The Airline Use Agreement(AUA)is a contract between the Salt Lake City Department of Airports and the airlines operating at Salt Lake City International Airport. 2.9 Airport Airport refers to the land and improvements generally known and designated as the Salt Lake City International Airport, and as applicable,the South Valley Regional Airport, and the Tooele Valley Airport. The improvements on the land consist of the runways, aircraft taxiways and parking aprons,the passenger and freight terminal buildings, hangars,vehicle roads and parking facilities, and all other improvements on such land. The term Airport shall also include any adjacent or nearby land hereafter acquired for purposes of the Airport and all improvements hereafter constructed on such land. Refer to Salt Lake City Code 16.04.050 for additional definition. 12 2.10 Airport Emergency Plan(AEP) The Federal Aviation Administration's required emergency plan that governs actions during an emergency or disaster as specified in federal regulations. 2.11 Airport Ground Transportation Dwell Time Fee(s) Fees charged by the SLCDA to a Ground Transportation Business for excessive time spent on Airport property by associated Ground Transportation Vehicle(s),as established by the SLCDA. 2.12 Airport Layout Plan(ALP) The FAA approved plan of an airport showing the layout of existing and proposed facilities. 2.13 Airport Non-Registered Interstate Bus Operator Temporary Permit A permit sold to a Ground Transportation Business,which allows a business to operate a non-registered Ground Transportation Vehicle on Airport property for a temporary period of time on the terms, including the amount of time or number of trips, specified in the permit. 2.14 Airport Ready Passenger Provider A Ground Transportation Vehicle operated by an Authorized Ground Transportation Business that is permitted by the Airport to provide service at designated Airport terminal stands,through processes established by the SLCDA. 2.15 Airport Security Program(ASP) The ASP is a document describing the Airport's plan to comply with provisions required by federal security regulations. The program is reviewed and approved by the Transportation Security Administration(TSA). 2.16 Airworthy The aircraft must conform to its type design and be in a condition for safe operation. This refers to the condition of the aircraft relative to wear and deterioration(e.g., skin corrosion,window delamination/crazing, fluid leaks,and tire wear). 2.17 Apron The apron is a surface in the Air Operations Area(AOA)where aircraft park and are serviced,refueled,loaded with cargo, and accessed by passengers. 2.18 Authorized Ground Transportation Business Any business operating any Ground Transportation Vehicle,which has a current,valid business license as required by the City and which: a)registers the Ground 13 Transportation Business in accordance with the requirements established by the SLCDA, and b)is current with all fees or charges imposed by the SLCDA and City. 2.19 Automated Vehicle Identification(AVI)Tag An electronic transponder used to identify vehicles and provide the SLCDA with vehicle data and billing information. 2.20 Baggage Areas The baggage claim and baggage make-up areas located at the Airport. 2.21 Based Aircraft Any aircraft utilizing the Airport as a base of operation(other than occasional transient purposes) and registered at the Airport with an assigned tie-down or hangar space on the Airport or adjoining property that has direct taxiway access to the Airport. 2.22 Business License Office The division of building services and licensing of Salt Lake City Corporation,or its successor. 2.23 Central Receiving and Distribution Center(CRDC) A pass-through facility for all goods entering the secure areas of the airport,used for screening, sorting and distribution to Airport tenants and other users,that enhances the logistics, security, and consolidation of receivables to the Airport. 2.24 City Salt Lake City Corporation,a Utah municipal corporation,or the geographical landmass of Salt Lake City,Utah,as dictated by context. 2.25 Civil Notice A written notice of a ground transportation violation as provided under Section 14 of this document. 2.26 Code of Federal Regulations(CFR) The Code of Federal Regulations. 2.27 Commercial That which promotes or makes possible earnings,income,revenue,compensation, profits, exchanges(including change of services),trading,buying,hiring, or selling of commodities,goods, services, or tangible or intangible property of any kind,whether or not such objectives are accomplished. 14 2.28 Common Use Gates Any gate not assigned by the SLCDA for preferential use by a Signatory Airline. 2.29 Concessionaire A non-aeronautical business entity with an active agreement paying the Airport either a percentage of revenue, a fixed sum,or other amount or fee for the ability to conduct business at the Airport. 2.30 Day Use Areas Designated areas in the Airport are available for use by organizations to coordinate large groups at the Airport, or for use by permit holders conducting temporary commercial activities or non-profit activities,leafleting,or other free-speech activities on terms established by the SLCDA. The location of the Day Use Areas may change from time to time,depending on operational and construction needs and constraints. 2.31 Delivery Areas Areas at the airport designated by the Department for use by vehicles making deliveries. 2.32 Department of Homeland Security(DHS) The Department of Homeland Security. 2.33 Directors The Directors of the various Salt Lake City Department of Airports Divisions or a designee(e.g.,the Director of Airport Operations). 2.34 Environmental Laws Environmental Laws shall mean and include all federal, state, and local laws, statutes, ordinances,regulations,resolutions, decrees,or rules now or hereinafter in effect,as may be amended from time to time, and all implementing regulations, directives, orders, guidelines,and federal or state court decisions, interpreting,relating to,regulating or imposing liability(including,but not limited to,response,removal,remediation and damage costs)or standards of conduct or performance relating to industrial hygiene, occupational health and/or safety conditions,environmental conditions,or exposure to, contamination by,or clean-up of,any and all hazardous materials including,without limitation, all federal or state environmental liens or environmental clean-up statutes. 2.35 Executive Director The Executive Director of the Salt Lake City Department of Airports or a designee. 2.36 Federal Aviation Administration(FAA) An agency of the United States Department of Transportation with authority to regulate and oversee all aspects of civil aviation. The Federal Aviation Administration created by 15 the Federal government under Public Law 89-670 and Executive Order 11340 dated March 30, 1967,or to such other governmental agency,which may be successor thereto or be vested with the same or similar authority. 2.37 Federal Inspection Services(FIS)Facility All areas designated by the Airport and US Customs and Border Patrol for the purpose of processing passengers, crew,their baggage and effects arriving from international flights. 2.38 Fixed Base Operator(FBO) As defined in Salt Lake City Code,Title 16, "Fixed Base Operator"means firms or Persons, subject to the provisions of a lease with the City,engaging in the selling, servicing,renting or leasing of new and/or used aircraft,parts, aircraft accessories and hardware; custom repair,overhauling and modification of general accessories and hardware; overhauling and modification of aircraft and/or aircraft equipment; and includes the conducting of charter flight services,aerial photography,advertising, mapmaking,aerial firefighting or crop dusting services. 2.39 Foreign Object Debris(FOD) Any object located in an inappropriate location in the Airport environment that has the capacity to injure Airport or airline personnel and damage aircraft. 2.40 Fuel Handling The delivery, storage,transport,transfer,or draining of fuel and fuel waste products in any capacity or quantity. 2.41 Gateway The Gateway area is located between the parking garage and the terminal. Functions include rental car counters and remote airline check-in and bag drop. 2.42 Ground Support Equipment(GSE) GSE shall mean ground support equipment to include belt loaders,baggage tugs,and push back tractors that are used primarily to facilitate airline operations at the gate or to transport baggage within or from the bag room and among arriving and departing aircraft. 2.43 Ground Service Operators All firms or Persons operating on the Airport under a contract with an air carrier to provide ground handling support service to aircraft including,without limitation: aircraft fueling(includes into-plane agents),loading/unloading aircraft baggage,mail and cargo, aircraft movement(includes towing), aircraft maintenance, interior/exterior aircraft cleaning, and aircraft water, lavatory, and deicing services. 16 2.44 Ground Transportation Appeal Committee A committee established by the Director of Operations to hear and rule on appeals, suspensions, and other matters related to ground transportation in and connected with the City. 2.45 Ground Transportation Applicant An individual who has submitted an application to the SLCDA to obtain a Ground Transportation Vehicle Operators Badge. 2.46 Ground Transportation Business Any business operating any Ground Transportation Vehicle. 2.47 Ground Transportation Inspection An inspection of a Ground Transportation Vehicle by the SLCDA to verify that the vehicle meets the standards set by the Executive Director,Airport Rules and Regulations, applicable contracts, and applicable City ordinances,including without limitation the exterior and interior of the vehicle and all associated vehicle licensing, safety, and insurance requirements. 2.48 Ground Transportation Inspection Seal A sticker or seal issued by the SLCDA to signify that a Ground Transportation Vehicle has passed the required SLCDA Inspection. These Ground Transportation Inspection Seals are non-transferable and no Ground Transportation Vehicle may be operated without such seal. 2.49 Ground Transportation Service The transportation of passengers by a Ground Transportation Business. 2.50 Ground Transportation Vehicle Any motor vehicle used for the transportation of persons using Salt Lake City streets for commercial purposes regardless of whether any charge, fee or fare is collected. 2.51 Hazardous Waste Hazardous waste is material known to be harmful to human health and the environment when not managed properly(regardless of concentration). A list of material considered to be hazardous waste is in federal code under the Environmental Protection Agency section, Title 40,CFR 261.2 Subpart D. 2.52 Hazardous Wildlife Species of Wildlife(birds,mammals,reptiles),including feral and domesticated animals not under control,that are associated with aircraft strike problems,and are capable of 17 causing structural damage to Airport facilities,or act as attractants to other wildlife that pose a strike hazard. 2.53 Hours of Operation The opening and closing time as designated by the Executive Director. 2.54 Leafleting,Leaflet The repetitive or continuous distribution of non-profit printed or written material. 2.55 Master Plan Documents and drawings illustrating the potential development of the Airport. 2.56 Non-Movement Area Taxilanes, aprons,and other areas not under the control of air traffic control towers. 2.57 Non-profit or Non-profit Activity Activities undertaken not for profit,but for a philanthropic,religious, charitable, benevolent,humane,public interest,or similar purpose. 2.58 Non-Signatory Airline Non-Signatory Airline shall mean any Air Carrier that has not entered into an Airline Use Agreement(AUA)with the SLCDA. 2.59 Off Airport Parking Shuttle Authorized Ground Transportation Vehicles used for the transport of passengers and their luggage to and from car rental facilities that are based off airport properties. 2.60 Operator(s) Any Person,business, or entity doing business or conducting activity at the Airport. 2.61 Person Any individual, firm or organization, air carrier co-partnership,corporation, company, association,joint stock association, or body politic, and includes any trustee,receiver, assignee, or other representative thereof. 2.62 Picket,Picketing The display of placard signs as part of participation in a picket line as a picket or taking part in any labor or other form of demonstration,protect, or expression of non-profit speech. Picketing does not include any commercial activity,including without limitation commercial solicitation. 18 2.63 Preferential Use Gate A gate assigned by the SLCDA for preferential use by a Signatory Airline. 2.64 Public Areas Public Areas consist of all non-sterile areas on Airport property, including without limitation terminals,public parking lots and garages,Utah Transit Authority(UTA) facilities,and all sidewalks,corridors,elevators,escalators,pedestrian bridges, tunnels and walkways connecting the Terminals,public parking garages and lots,and UTA facilities. Public Areas are only open to ticketed airline passengers; individuals meeting,accompanying,or assisting ticketed passengers on an arriving or departing flight; individuals whose employment requires their presence in one or more Public Areas; and other individuals who have been authorized by Airport officials to enter and be present in one or more Public Areas. Public Areas are not deemed public forums for First Amendment purposes. 2.65 Refueling Vehicle Any vehicle used for fuel handling,including tanker and hydrant vehicles,trailers, carts, or cabinets. 2.66 Regulatory Measures Federal, state,county, local, SLCDA laws,codes, statutes, ordinances, orders,policies, rules and regulations in effect and as amended. 2.67 Release Release means any spilling,leaking,pumping,pouring, emitting, emptying,discharging, injecting,escaping, leaching,dumping,or disposing into the environment(including the abandonment or discarding of barrels,containers, and other closed receptacles) of any toxic chemical. 2.68 Restricted Access Area Non-public areas of the Airport that cannot be accessed without proper identification. These areas include the Airport Operations Area, Security Identification Display Area, sterile, and secure areas, and in general terms, all areas inside the perimeter fence and those portions of buildings that provide access subject to security or operational restrictions. 2.69 Rules and Regulations Rules and Regulations promulgated by the Executive Director and approved by the mayor that govern Airport operations for all Airport users. This includes any future amendments or supplements to the existing document. 19 2.70 Run-up Aircraft engine operation above low idle speed for the purposes of maintenance and testing, or for preparation for flight. 2.71 Salt Lake City Corporation This reference includes Salt Lake City Corporation and its Departments including the Department of Airports. 2.72 Salt Lake City Department of Airports(SLCDA) The Salt Lake City Department of Airports. 2.73 Salt Lake City Police Department(SLCPD) The Salt Lake City Police Department. 2.74 Security Identification Display Area(SIDA) Areas of the Salt Lake City International Airport where everyone is required to continuously display an Airport-issued identification badge on their outermost garment unless under Airport-approved escort. These areas are identified in the Airport Security Plan. 2.75 Signatory Airline Signatory Airline refers to an Air Carrier that is a party to the Airline Use Agreement (AUA)with the Salt Lake City Department of Airports. 2.76 Solicit, Solicitation, Soliciting The oral or written request for funds, signatures,or anything of value, conducted by a person to or with a passerby in a repetitive manner,including without limitation money, written pledges of future donations,orders to sell any goods or property, services,or memberships in formal or informal groups or organizations, for either commercial or non-profit purposes. 2.77 Specialty Vehicles Any vehicles that are unique in their design, or built for a specific purpose, including but are not limited to, special conversion vehicles and classic or collector automobiles,but excluding special transportation vehicles. 2.78 Staging Lot(s) Parking lots established by the Airport where Authorized Ground Transportation Vehicles may park, and drivers may wait prior to responding to the Airport terminal curbs for customers. 20 2.79 Starter A person appointed by and representing a Ground Transportation Business who is responsible for managing the coordination of vehicles and passenger transportation for that Business. 2.80 Sterile Area That portion of the Airport defined in the Airport Security Program that provides passenger access to boarding aircraft and to which access is generally controlled by the Transportation Security Administration through the screening of people and in accordance with federally required and approved security procedures and programs. 2.81 Surface Movement Guidance and Control System(SMGCS) A system of technology and operations which facilitate the safe movement of aircraft and vehicles on the AOA when visibility is less than 1,200 feet runway visual range(RVR). 2.82 Taxilane The portion of the aircraft parking area used for access between taxiways and aprons and not within the movement area. 2.83 Taxiway A defined path over which aircraft can taxi from one part of an airport to another (excluding the runway) and which is within the movement area. 2.84 Tenant Any person or business with an active lease agreement with the Salt Lake City Department of Airports for the renting of space at the Airport, including but not limited to,concessionaires,rental cars and airlines. 2.85 Terminal Terminal shall mean the main terminal structure, all concourses,connector bridges and tunnels,and other attached facilities used by the traveling public and/or employees of the Airport. 2.86 Third Party Operators Entities that have contracts or agreements with Tenants of the SLCDA to conduct work or commercial activity at the Airport. Third Party Operators also include Tenant and contractor subs,vendors, and any and all invitees performing any commercial service on their behalf. 2.87 Through-the-Fence Access Access to the public landing area by aircraft based on off-Airport land adjacent to the Airport property. 21 2.88 Ticket Counters Those areas made available by the SLCDA for use by air carriers for ticketing passengers,receiving baggage, and similar activities. 2.89 Toxic Chemicals A substance defined by the U.S Environmental Protection Agency which may be harmful to the environmental or hazardous to your health if inhaled,ingested or absorbed through your skin. 2.90 Transient Aircraft Any aircraft utilizing the Airport for occasional transicnt purposcs and is not bascd at the Airport. 2.91 Transportation Network Company(TNC) An entity that uses a software application to connect a passenger to a transportation network driver providing transportation network services. 2.92 Transportation Security Administration(TSA) The Transportation Security Administration. 2.93 Unmanned Aircraft System(UAS) An unmanned aircraft and the equipment to control it remotely. 2.94 Vehicle Operators Badge or Operators Badge An identification badge issued by the SLCDA to an individual to signify that the individual has met the requirements, as determined by the SLCDA,to operate a Ground Transportation Vehicle. 2.95 Vehicle Service Road or Perimeter Road A designated road for vehicles in the non-movement area. 2.96 Vehicles for Hire Broadly defined as a fee-based, commercial vehicle. Detailed definitions are listed in applicable Salt Lake City Ordinances. 2.97 Wildlife Attractants Wildlife Attractants are considered to be any human-made structure, land use practice or natural geographic feature that can attract or sustain hazardous wildlife within the landing,departure,and circling airspace,including the Airport Operations Area. These attractants can include architectural features, landscaping,waste disposal sites, 22 wastewater treatment facilities, agricultural or aquaculture activities, surface mining, wetlands, or golf courses. 3. GENERAL RULES AND REGULATIONS 3.1 Abandoned or Derelict Property Property shall not be abandoned on the Airport. Abandoned,derelict,or lost property at the Airport includes,without limitation,aircraft,vehicles,equipment,machinery, baggage,or personal property. Property unclaimed by its proper owner or items for which ownership cannot be established will be handled in accordance with standard procedures and applicable law. 3.2 Accidents or Incidents Accidents or incidents resulting in damage to airport or tenant property, significant injury,or interference with Airport operations shall immediately be reported to Salt Lake City Department of Airports Control Center at 801-575-2401 or 801-575-2911 for emergencies. 3.3 Advertising Privileges Advertising in the terminal area or in other public or designated areas of the Airport is regulated by a contract with an advertising concessionaire selected in a competitive process.No third-party advertising is permitted. The SLCDA has the sole discretion to determine the locations,type and content of the advertising displays. 3.4 Airport Liability The SLCDA assumes no responsibility for loss, injury, or damage to people or property on the Airport or using the Airport facilities. 3.5 Automated External Defibrillators Automated External Defibrillators(AEDs)are located for use by Airport first responders, tenants and passengers in the airport terminal and the surrounding complex. AEDs are stored in marked locations in the terminal,concourses, and in first responder vehicles. The locations of all tenant owned AEDs must be reported to the Airport Control Center at 801-575-2401. 3.6 Cleanliness of Airport Tenant shall refer to its lease agreement for details regarding the maintenance and cleaning services that the SLCDA provides, and those tasks for which the tenant is responsible. Leased areas will be periodically inspected by SLCDA representatives to determine the acceptability,cleanliness,and general upkeep. Discrepancies will be noted and prompt corrective measures required of the tenant. No Person shall place any solids in,or pour any liquid other than water down, floor drains,manholes, storm water drains or sewer connections. 23 Foreign Object Debris(FOD)containers shall be used only for disposal of foreign object debris found on the airfield. 3.7 Clear Zone A four-foot clear zone must be maintained on the public side of the perimeter fence. The fencing will be a minimum of eight feet high with three strands of barbed wire along the top of the fence. These specific areas are identified in the Airport Security Plan,which defines the perimeter fence enclosing the Air Operations Area. All vehicles,equipment and material must be located at least four feet from the fence line. 3.8 Commercial Activities No Person shall occupy or rent space,carry on any business,commercial activity or enterprise,including without limitation, commercial soliciting,promotional activities, vending,or any form of revenue-producing activity at the Airport,without first obtaining a written contract,permit, license, lease,or other form of written authorization from the SLCDA and paying all required fees. Such written authorization may not be assigned or transferred unless authorized in writing by the SLCDA in advance of such assignment and shall be limited solely to the approved activity. Commercial activities on Airport property may be allowed at the sole discretion of SLCDA to promote the best interests of the Airport. 3.9 Commercial Photography/Filming No person,except representatives of the media during official assignments, shall take still photographs,video,or film for hire or for any commercial purposes at the Airport without the express written permission of the SLCDA. While engaging in any commercial photography,videoing, or filming at the Airport, all persons shall carry, and upon request produce for inspection,written authorization from SLCDA to engage in such activity. 3.10 Compliance with Regulatory Measures All Persons or entities occupying,using,or engaging in an aeronautical activity on,or developing Airport land or improvements shall comply, at the Person's or entity's expense,with all applicable regulatory measures including,without limitation,those of the federal, state, and local government and any other agency having jurisdiction over the Airport,the businesses operating at the Airport, and the activities occurring at the Airport including the United States Department of Transportation(USDOT),the United States Department of Homeland Security(DHS),the Transportation Security Administration (TSA),the Federal Aviation Administration(FAA),the State of Utah(State), Salt Lake County(County), Salt Lake City(City), and the Salt Lake City Department of Airports (SLCDA) including all as may be in effect and amended from time to time. 3.11 Construction and Alteration All construction and alteration work requires the review and written approval of the SLCDA. To obtain approval,tenants shall submit required documents and follow the requirements stated in the Tenant Improvement Guidelines which are available from the Administration and Commercial Services Division. In general,all proposed construction 24 and alteration work must be compliant with all applicable federal, state,and local regulations; have all required permits; and be compliant with the SLCDA Tenant Improvement Guidelines. In addition, for all construction and alteration work,the proponent must submit to the SLCDA as-built drawings in the required format within 30 days of project completion. 3.12 Cooking Appliances Tenants and their employees are prohibited from placing and operating barbeque grills and other similar appliances(including deep fat fryers)on the ramp or in break areas. Microwave ovens and other reasonable cooking appliances(electric skillets, crock pots, etc.),monitored by the tenant,are the only permissible personal cooking appliances allowed for use by tenant employees. These appliances are to be used in designated break areas only and the tenant is solely responsible for their safe operation. Permission may be granted to tenants for special events involving barbeque grills. These special events are to be limited to company-wide activities that include employee recognition, specific company-based milestones, or charitable fundraising activities. Such special events should include the attendance of tenant leadership. To request permission,tenants must submit a written request at least two weeks in advance to the Department of Airports via the Tenant Relations Coordinator. The request will specify the nature of the event and the proposed date,time,and location. Advanced written permission is required prior to the event and approval will be provided in a timely manner. All tenant requests will conform to the following criteria: a. Events will occur at specially designated outdoor locations on the ramp. Event activities will occur outside the view of Airport customers and will not impact regular Airport operations. b. No permanent or long-term storage of any barbeque grill is allowed on the ramp. C. Barbeque grills and other supplies may be transported to the designated location two hours before the start time for the event. All barbeque grills, supplies, and debris are to be removed from the designated location within ninety minutes after the event ends. d. At least one 20#ABC fire extinguisher and a water source(hose or water bucket) will be kept at the designated location during the event. e. Additional requirements and restrictions may be set based on the type of event according to the discretion of the Airport. f. The Airport reserves the right to change details of the special event or rescind permission at any time based on operational or safety requirements of the Airport. The Airport also encourages tenants to use the picnic pavilion north of the airport complex which is equipped with picnic tables and a barbeque grill. Advance written permission is also required to use this space. 25 3.13 Cost Recovery for Property Damage and Personal Injury The SLCDA shall recover expenses incurred from any Person causing injury or property damage of any kind. The liable party will be billed for charges to repair Airport property damage including the cost of labor. Payment will be guided by standard accounting procedures. 3.14 Emergency Operations Actions pertaining to emergency or disaster operations will be governed by the Airport Emergency Plan(AEP)as amended and on file with the SLCDA Operations Division. The Airport also has a Family and Friends Assistance Support Plan on file designed to support the airlines and involved agencies during major aircraft accidents. 3.15 Energy Management Program The Airport has instituted an Energy Management Program to promote energy conservation in the design and operation of its facilities. Tenants and other users of the Airport are urged to establish energy conservation measures within their leased area and to support the Airport's program. The program minimizes the energy consumed for heating,cooling,lighting, etc. and reduces annual building operation costs. The program operates without a detrimental reduction in service. The Airport's Maintenance and Planning Divisions deploy energy conservation initiatives,conduct energy conservation studies,monitor use and develop procedures to conserve as much energy as possible in Airport facilities. 3.16 General Conduct and Use of Public Areas In order to ensure the safety, security,health, and convenience of airline passengers, employees, and contractors working at the Airport,Persons may not enter or be present in the Public Areas of the Airport,except for Persons who can demonstrate they fall within one or more of the following categories: a. Ticketed airline passengers; b. Persons meeting, accompanying, or assisting ticketed passengers on an arriving or departing flight; C. Persons whose employment requires their presence in one or more Public Areas; or d. Persons who have been authorized by Airport officials to enter and be present in one or more Public Areas. No Persons shall use or otherwise conduct themselves upon any portion of the Airport in any manner contrary to the intended use or posted directions applicable to that area,or interfere in any way with other occupants or those conducting business at the Airport. 26 Any Person not falling within one of the categories of authorized use may be directed to leave the Airport by a law enforcement officer,the Airport Executive Director,or by any authorized Airport employee. Failure to comply with a direction to leave the Airport may result in the individual being arrested and charged with trespass under Salt Lake City Code § 11.36.130 or other applicable law. 3.17 Insurance Certificates Airport tenants,users,vendors,contractors, subcontractors, and all other commercial operators on Airport property shall provide the SLCDA with a Certificate of Insurance demonstrating the required insurance limits are in place. All insurance certificates and the policies they represent shall list the Salt Lake City Corporation as an Additional Insured. 3.18 Licenses,Permits,Certifications and Ratings Tenants and Operators shall obtain and comply with the requirements of all necessary licenses,permits,certifications,or ratings for the conduct of operator's activities at the Airport as determined by the SLCDA or any other duly authorized agency prior to engaging in any activity at the Airport. Upon request,Tenants and Operators shall provide copies of such licenses,permits,certifications,or ratings to the SLCDA within five business days or as contractually specified. Operators shall keep in effect and post in a prominent place all necessary or required licenses,permits, certifications, or ratings. Tenants and/or Operators will additionally refer to individual lease agreements with the SLCDA for further requirements, if applicable. No air or passenger carrier shall conduct scheduled operations at the Airport without entering into a Non-Signatory Agreement or Signatory Agreement with the SLCDA and providing documentation of a current insurance policy and security, all in accordance with the SLCDA's specifications. A Non-Signatory agreement may be held by any air carrier holding the necessary certificates from federal or state agencies having jurisdiction to provide air transportation of passengers,mail or cargo at the Airport and who elects not to become a Signatory Airline. 3.19 Lost and Found Anyone finding a lost,misplaced, or abandoned article in the public area shall turn it in to the Lost and Found office or to a SLCDA representative. The Lost and Found office is open Monday-Friday from 8:00 a.m.to 4:30 p.m. (Closed Holidays)and can be reached by going online to slcairport.com,then clicking on Airport Services to file a lost item claim. People seeking lost items can reclaim them at the SLCDA's Lost and Found office or have their item shipped at owner's expense. Items not claimed are dispositioned according to Salt Lake City Ordinance 2.10.130. 3.20 Media Response Media inquiries will be managed by the SLCDA Communication and Marketing Director or an authorized designee. Media inquiries involving tenant oriented or related issues will be forwarded to the tenant for response. 27 In order for the media to gain access beyond the security screening checkpoints,the Department of Airports,the Transportation Security Administration and the sponsoring tenant(i.e.,airline,concessionaire)must approve a plan submitted in advance of the activity. All security access procedures must be followed. 3.21 Painting and Doping Doping processes,painting,or paint stripping shall be performed only in those facilities approved for such activities and in compliance with applicable law,without limitation, and the Airport's Storm Water Pollution Prevention Plan(SWPPP). 3.22 Preservation of Property No one shall destroy or cause to be destroyed, injure damage,deface, or disturb, in any way,property of any nature located on the Airport. Anyone causing or responsible for such injury, destruction,damage or disturbance to Airport-owned property shall report such damage to the Operations Division and shall reimburse the SLCDA the full amount of repair and replacement of property. No Person shall take or use any aircraft,aircraft parts, instruments,tools owned, controlled,or operated by any Person while on the Airport or within its hangars,except with the written consent of the owner or operator thereof. No individual or group shall prevent the lawful use and enjoyment of the Airport by others. Any activity which results in littering, environmental pollution, or vandalism on the Airport is not permitted and violators are subject to arrest. Prosecution and fines are determined by applicable law. Any individual or group observing damage,destruction or disturbance on the Airport should contact the SLCDA Control Center at 801-575-2401. 3.23 Payment of Rents,Fees, and Charges Airport users shall pay the rents,fees, or other charges specified by the SLCDA for engaging in activities. Users' failure to remain current in the payment of any and all rents, fees,charges, and other sums due to the SLCDA shall be grounds for revocation of any agreement or approval authorizing the conduct of activities at the Airport. 3.24 Radio and Wireless Communications All Airport users at the Airport using any types of radio frequency systems and equipment shall comply with the following: a. Prior to any equipment installation and system startup,any use of a radio frequency spectrum shall be reviewed by the SLCDA. b. Tenant shall operate any and all of its communications equipment(wired or wireless)in a manner that will not cause interference with operations of the Airport. Upon notification from the SLCDA,the FAA,the SLCPD Airport Division or the Salt Lake City Fire Department of any interference caused by operator or lessee,tenant shall cease all communications operations, transmissions, and uses on the Airport. Tenant may not resume communications until the SLCDA has so notified the user. 28 C. All systems and equipment shall be compliant with all applicable federal, state, local, and SLCDA's regulations. Operators are required to hold a valid license from the Federal Communications Commission(FCC)for the right to use the radio frequency spectrum. d. The Airport retains the right to terminate the use of a radio frequency system or interfering equipment if it impacts Airport operations or services. 3.25 Public Records Requests It is the policy of the SLCDA, in accordance with the Utah Government Records Access and Management Act(GRAMA),to make available public records and reports upon written request. The request may be submitted online according to the instructions listed on the Salt Lake City Recorder's website. 3.26 Third Party Use of Select Space at the Airport a. Airport Conference Rooms,Board Room,ATAC The Salt Lake City Department of Airports, in its sole discretion,rents certain Airport conference rooms,board room, and the Airport Training and Activity Center(ATAC)for a fee. Space rental requires at least 10 days advance notice and is available for a minimum of two consecutive hours per day,with a maximum of five consecutive calendar days.Additional days may be added after any person on the waiting list for such space has had the opportunity to rent the space on a first-come, first- serve basis. Information technology support,tables,chairs,and set-up are available for an additional charge. A complete fee schedule and rental form is available from the SLCDA. Existing Airport tenants will be billed after the space is used and payment is due within 30 days. Rental fees from all other users must be fully paid in advance. b. Day Use Areas The Salt Lake City Department of Airports,in its sole discretion,rents select space in the Airport on a limited basis to organizations coordinating the arrival or departure of large groups, such as convention delegates, and to other permit holders in conjunction with the SLCDA Rules and Regulations 3.8 (Commercial Activities),and 3.32 (Solicitations,Demonstrations and Free Speech). The location of the Day Use Areas may change from time to time,depending on operational and construction needs and constraints.All rental fees must be fully paid in advance.A rental agreement application and fee schedule are available from the SLCDA. 1) The Day Use Areas are available on a first-come, first-served basis for a maximum of five calendar days. At the end of each five-day period, applicants may,upon request,be added to the wait list for additional periods of use. 2) A maximum of two people are allowed per Day Use Area. 29 3) A maximum of two chairs may be used in conjunction with each Day Use Area. Chairs may be supplied by the Airport, if available. 4) All Day Use Areas must be staffed by a representative of the entity renting the area who is over the age of 21 years. The Day Use Areas must be staffed at all times during the period of use and may not be left unattended at any time. 5) No eating,drinking,or smoking is allowed at the Day Use Areas. 6) Signs must comply with the following requirements and be approved by SLCDA in advance: a) Signs must be 22"x 28"and be rigid sufficient to remain upright and displayed in a SLCDA provided freestanding sign stanchion. Signage must remain within the Day Use Area. b) Signs must be on a white background. c) Lettering must be machine stenciled or press-on letter.No freehand signs will be permitted. 3.27 Response to Public Input It is the policy of the SLCDA to respond promptly to public input with the intent to enhance public relations,learn from the public's experiences,improve customer service and share feedback with employees. The SLCDA will act promptly on suggestions and will correct situations encountered by the public as determined feasible. The SLCDA will forward input from the public on tenant-oriented topics to the tenant for response. 3.28 Restricted Access Areas No one shall enter any restricted area posted as being closed to the public,except those assigned to duty therein, authorized by the Executive Director, authorized under federal regulation and all applicable security directives, and passengers under appropriate supervision or entering the apron area for the purposes of enplaning and deplaning. 3.29 Sanitary Sewer System The only material authorized to be discharged into the Airport's sanitary sewer system is waterborne waste that can be treated at the Salt Lake City wastewater treatment plant operated by Salt Lake City Public Utilities. Refer to Salt Lake City Code Title 17. All personnel using the triturators shall be properly trained and shall follow the directions on posted signs. 3.30 Storm Drainage System In compliance with the Airport's Utah Pollutant Discharge Elimination System(UPDES) permit,the only material authorized to be discharged into the Airport's storm drainage system is non-contaminated storm water runoff. No other material may be intentionally 30 or accidentally placed,poured, spilled,flushed, or by any other method, introduced into any storm water grate,inlet,or pipe. It is unlawful for anyone to place into the storm drainage system any waste or other substances in such a way as will be or may become offensive. This includes unnatural deposits, floating debris, oil scum,etc. It also includes nuisances such as color,odor, taste or conditions which produce undesirable effects on aquatic organisms or in concentrations or combinations of substances which produce undesirable physiological responses in desirable resident fish or aquatic life, or undesirable human health effects, as determined by bioassay or other tests performed in accordance with standard procedures. The following substances are permitted in the storm drainage system: discharge from fire hydrants,potable water,irrigation drainage,lawn watering, external building washing which does not involve detergents or other compounds,pavement wash waters where spills or leaks of toxic or hazardous material have not occurred and where no detergent or other compounds have been used, air conditioning condensate, springs,uncontaminated groundwater and foundation or footing drains where flows are not contaminated. Tenants engaged in activities subject to regulation by the Airport's UPDES permit shall develop and maintain as current, a Storm Water Pollution Prevention Plan(SWPPP) as outlined in the permit. Such a plan shall be submitted to the Airport for review and will be part of the Airport's SWPPP. 3.31 Signage and Graphic Standards The SLCDA strictly controls sign appearance,messaging, quality and placement. The SLCDA manages Signage in order to: increase the ease of movement throughout its facilities,eliminate clutter,guarantee uniformity, and ensure visual appeal and appropriate content. The SLCDA manages the appearance and placement of all interior and exterior signs displayed in and around the Airport. This applies to signs requested by employees, Tenants, agencies, Operators, contractors and other Airport users. Signs must be of a professional quality. No handwritten or poorly manufactured signs will be permitted. The SLCDA requires that tenants submit sign design and plans for approval prior to construction and installation. The Tenant Relations Coordinator in the Administration and Commercial Services Division will review and approve sign proposals. Tenants are responsible for the design, fabrication,installation, and cost of signs in their leased areas. The SLCDA reserves the right to remove non-compliant or unauthorized signs and charge the cost of the removal and associated repairs to the tenant. The SLCDA will provide interior and exterior signs within public areas and certain leased areas visible to the general public. The cost of design,manufacturing and installation is charged to the appropriate cost center. 3.32 Solicitation, Demonstrations,Free Speech a. Certain Activities Incompatible with Transportation Uses of Airport—Airport Not a Public Forum for First Amendment Activities 31 Solicitation,demonstrations, and other free speech activities will not be permitted on the Airport property,except in certain identified locations and during the Airport's regular Hours of Operation unless previously authorized in writing by the SLCDA. The Airport is designed and utilized as an air transportation facility. The Airport was neither designed nor intended to be used as a place traditionally used for public assembly and is not a place intentionally open for public discourse or other First Amendment activities. The Airport's restrictions on the exercise of religious,charitable,political and other First Amendment activities are necessary to preserve and promote the health, security, and safety of the passengers,other patrons, and employees using Airport facilities,to promote and maintain the high aesthetic and interior design qualities of the Airport,to avoid visual blight and clutter,to avoid disruption of the activities and operation of the Airport, and to maintain and enhance the efficient operation of the Airport by maximizing passenger and pedestrian traffic flow and avoiding congestion, in keeping with the primary purpose of the Airport and consistent with its design and intended function as a facility for air travel. The Airport is a security sensitive environment and as a result,the security and safety of Airport customers,employees and tenants while in the terminals, on the curbsides, in the parking lots,or anywhere on Airport property is of paramount concern. Therefore,the regulation of certain activities at the Airport is necessary to preserve the ability to utilize the Airport for transportation purposes. Airport passengers have a need to proceed quickly and freely from their automobiles or other modes of ground transportation to the ticket counters or baggage check-in to their departing aircraft, and from their arriving aircraft to their baggage and/or to their ground transportation. With regard to those activities,time is of the essence. Because of this,it is extremely important for pedestrians as well as vehicle operators not to be distracted by Persons or situations that may impact their safety or that may delay or distract them while walking or driving. Unfettered use of the Airport to Leaflet, Solicit,proselytize, or demonstrate would prevent the intended use of the Airport as a transportation center and potentially endanger the health and safety of passengers and employees using the Airport. Moreover, such activities would impede and cause unreasonable hazards during construction activities at the Airport. The use of the Airport for the purpose of exercising rights of free expression and communication,Picketing,demonstrating, displaying signs,or Soliciting will not be permitted to restrict or impair the transportation function of the Airport or construction. Passengers are susceptible to fraud or unfair treatment by solicitors because of their being unable, due to time constraints,to study requests for donations,or because of language or cultural differences. b. The following apply to the use of the Airport for the activities discussed in sub- part A, above: 32 1) Written Permit No Person may engage in Solicitation,demonstration,Leafleting, Picketing, or other face-to-face discussions without the express,written authorization of the SLCDA. Those desiring to use the Airport for such purposes must submit a written request to the SLCDA,which may issue a permit authorizing such activities and shall control time,place, and manner of activities conducted on Airport property.While engaging in any Commercial activity on the Airport,all Persons shall carry and upon request produce for inspection written authorization from SLCDA to engage in such activity. 2) Content Neutral The regulation of religious,charitable, and political activities shall be content neutral and shall apply and be enforced without regard to the identity of the individuals or organizations seeking to engage in such activities or the content of the message sought to be communicated. 3) Peaceful and Orderly All activities on Airport premises shall be conducted: a) In the peaceful and orderly manner contemplated by law,without physical harm,threat,or harassment of other Persons,and without obscenities,violence,breach of the peace, damage to property, or other unlawful conduct; and b) Without obstructing the use of the Airport by the public and without hindrance to or interference with the proper, safe, orderly,and efficient movement of passengers and users of the Airport or operation of the Airport and the activities conducted thereupon, and without interference with the rights of others. 4) Leafleting Leafleting in the Airport is not permitted except upon compliance with the procedures contained herein and shall be limited to Non-Profit printed material. The SLCDA has determined that only certain designated areas of the Airport provide a reasonable opportunity for Leafleting,while not preventing the use of the Airport for its intended purpose of providing safe,orderly, and efficient flow of pedestrian and vehicle traffic. The SLCDA will maintain a map designating those areas where Leafleting may be conducted. 5) Picketing or Other Face-to-Face Discussions Picketing or other face-to-face discussions in the Airport are not permitted except upon compliance with the procedures contained herein. The SLCDA has determined that only certain designated areas of the Airport provide a reasonable opportunity for Picketing or other face-to- 33 face discussions,while not preventing the use of the Airport for its intended purpose of providing safe, orderly,and efficient flow of pedestrian and vehicle traffic. The SLCDA will maintain a map designating those areas where Picketing or other face-to-face discussions may be conducted. Picket signs may not be attached to clubs,poles,or other hard objects, must be carried or otherwise attached to the individuals engaged in Picketing activities, and must not interfere with the use of Airport Facilities for their intended purpose. 6) Soliciting No Person shall conduct or participate in any Solicitation activities except upon compliance with the procedures contained herein. The SLCDA has determined that only certain designated areas of the Airport provide a reasonable opportunity for Soliciting,while not preventing the use of the Airport for its intended purpose of providing safe,orderly, and efficient flow of pedestrian and vehicle traffic. 7) Designated Areas; Prohibited Areas SLCDA will maintain a map designating those areas where Soliciting, Leafleting,Picketing and other face-to-face discussion in the Airport may be conducted.Where necessary to preserve the use of the Airport by the public for transportation purposes,the SLCDA may reduce or change the size,number,or location of the designated areas from time to time to take into account changes in pedestrian flow,construction, alterations to the terminal, emergency conditions,or other unforeseen circumstances. Soliciting,Picketing,Leafleting,or other face-to-face discussions are prohibited in the following areas, since such activities would interfere with and prevent the use of the Airport for its intended purpose of providing a safe,orderly and efficient flow of pedestrian traffic: a) Air operations areas, secured areas,and sterile areas,including any areas beyond the security checkpoints through which passengers and visitors are required to pass when moving toward aircraft gate positions; b) Roadways and thoroughfares for vehicles; c) Except where expressly allowed,curbsides or curbs at which passengers load or unload from vehicles,and staging areas for ground transportation vehicles; d) Within 30 feet of any security checkpoint; e) Within 10 feet of any area leased exclusively to a tenant of the airport; 34 f) Within 10 feet of any stairwells, doorways,escalators,moving walkways,or baggage conveyance bins or equipment; g) In any areas reserved for particular uses, such as parking areas, restroom facilities,restaurants,ticket counters, or baggage claim areas; h) Within 50 feet of any construction site or construction equipment; and i) Within Construction Areas. 8) Registration and Permitting Process a) In order that adequate precautions may be taken by the SLCDA to protect the public health, security, safety,and order;to assure efficient and orderly use of Airport property for its primary purpose; and to assure equal opportunity for freedom of expression, at least 7 days prior to any Person engaging in any Soliciting,Leafleting,Picketing,or other face-to-face discussions at the Airport, such Person must submit a request for permit to: Airport Operations-Permits Salt Lake City Department of Airports P.O. Box 145550 Salt Lake City,UT 84114-5550 801-575-2491 b) The request for a permit shall state: i. The full name,mailing address, and telephone number of the Person requesting the permit, and if the requestor is an organization sponsoring,conducting, or promoting the activity,the full name,mailing address,and telephone number of the organization,and the full name, mailing address, and telephone number of a responsible officer or agent of such organization; ii. A description of the proposed activity, stating the type of communication to be involved(e.g., Soliciting, Picketing, or other face-to-face activity) and the size and number of Leafleting materials to be handed out or the signs being utilized for the activity; iii. The date,hour, and anticipated duration of such activity; iv. The number of individuals planning to participate in such activity; and 35 V. A statement from the Person sponsoring or conducting the proposed activity whether the purpose for the proposed activity is for charitable,religious,or political purposes. c) If the number of permits issued by SLCDA to Persons seeking to engage in permitted activities on any given day exceeds the number of available locations on such day,permit holders will be assigned locations on a first come, first served basis. Those permit holders not receiving a designated location will be placed on a waiting list and,when a permit holder departs,the next permit holder on the waiting list will be assigned a location for its permitted activities. d) Any Person may apply for a permit with the SLCDA on any Monday through Friday that is not a holiday between 9:00 a.m. and 3:00 p.m.by providing the information described above. The SLCDA shall review the application for sufficiency of information and shall promptly issue a permit or notify the applicant in writing why issuance of a permit is delayed or denied. e) The activities referred to herein shall be conducted strictly in conformity with the terms and conditions set forth in the permit issued by the SLCDA and these Rules and Regulations. f) No more than the number of individuals designated by the SLCDA may engage in the permitted activity at one time. g) If a Person desires to use a desk in the terminal in connection with a permit hereunder, such Person shall comply with the requirements set forth in Airport Rules and Regulation paragraph 3.26.b. 9) Prohibited Conduct The following activities are prohibited at the Airport,with or without a permit: a) The conduct of a game of chance; b) The sale, distribution, exchange, or handing out of any type of food, drink(including pre-packaged water), or other goods,or services of any kind on the Airport,except printed materials previously approved by SLCDA in connection with a permit by any Person engaged in Leafleting; c) The conduct of any polls,questionnaires,or surveys on the Airport without the express written permission of the SLCDA; 36 d) Any attempt to pin,tie, or attach any item or symbol to the clothing, luggage, or vehicle of any Person without the Person's consent;to assail, coerce,threaten,physically disturb,assault, or commit battery on any other Person;to touch any Person without his or her consent; or to obstruct and interfere with the conduct of authorized business at the Airport; e) The use of any noise-making device,musical instrument, sound or voice amplifying apparatus,including any other activity that could reduce the effectiveness of the public address system or that could interfere with the functions of the Airport; f) The placement of a table,bench,podium,rack,display stand, easel,chair, sign,stove, fire,warming or cooling device,or other paraphernalia or item on Airport property,unless expressly permitted in writing by the SLCDA; g) The distribution of literature,other printed matter,or the display of signs at the Airport without a permit or after the required permit shall have been terminated or expires; h) Littering or disposing of trash, except in properly marked containers; i) Failure to abide by all applicable local, state, and federal laws, statutes,ordinances,policies,rules,and regulations while on Airport property; j) Any conduct that shall physically impede, obstruct,or interfere with the free movement of any Airport passenger,user,tenant,or employee, including any activity that constitutes a danger to Persons or property or which interferes with the orderly formation and progression of waiting lines, or interferes with any of the following: pedestrian or vehicular travel; the issuance of tickets,boarding passes, or other documents for air or ground transportation; luggage,cargo movement,or handling; entry to or exit from vehicles,elevators, escalators,doorways,or passageways; activities by authorized Airport tenants; security procedures; government inspection procedures; cleaning, maintenance,repair,or construction operations; k) Any conduct that indicates or attempts to indicate to the public that an individual conducting any activities pursuant to a permit issued by the SLCDA is a representative of the Airport or the City; 1) Any conduct that misrepresents the identity of the individual or organization for which the individual is performing the permitted activities; 37 m) Failure to cooperate in the investigation of any complaint received by the SLCDA regarding the conduct of any participant in connection with a permit. 10) Activities During Emergencies Any Person Leafleting,Picketing, Soliciting, or otherwise engaging in activities in an area affected by an emergency declared by the SLCDA shall promptly follow the instructions from authorized SLCDA personnel, security officers,law enforcement officers,or others authorized to act in the event of emergency,which may include the cessation of any permitted activities for the duration of the emergency. As soon as the SLCDA announces an end to the emergency,permit holders in possession of current permits may resume their permitted activities. 11) Accidents If any participant is involved in an accident or other incident in which any Person is injured or property is damaged, a participant or the participating organization shall notify SLCDA immediately as follows: a) To summon medical assistance, dial 801-575-2911. b) To report property damage,dial 801-575-2401. 12) Violations Violations of the provisions of the permit or these Rules and Regulations by any Person or representative of an organization may cause the termination of the permit under which such Person is operating. Such termination shall be effective immediately upon notice,which may be provided by SLCDA to permit holders as follows: (i)If the nature of the violation is such that the activity must be stopped immediately, SLCDA may communicate verbally or in writing to participants that the permit has been revoked and participants must cease all activities on Airport property; (ii)if the activity presents no immediate need to cease, SLCDA may place in first class mail, certified mail, email, or courier notice of termination to the holder of the permit,to the address shown on the permit, indicating the reason for the termination. If the violations are not corrected in a timely fashion, depending on the nature of the violation, the Person or organization shall not be eligible for a new permit for a period of six months. 3.33 Smoking In accordance with the Utah Indoor Clean Air Act, smoking is prohibited except in designated areas in front of the terminal. Smoking,vaping,or the use of electronic cigarettes is strictly prohibited while fueling aircraft or anywhere within the Air Operations Area. The AOA includes runways,taxiways, and apron areas, including 38 where aircraft park and are serviced,refueled, loaded with cargo, and accessed by passengers. 3.34 Special Events Special events require coordination,regulation,and authorization of the SLCDA. Request for authorization shall be in the form of a letter to the Executive Director or their designee. Certain activities shall require an executed lease,operating agreement or permit with the Airport. The SLCDA reserves the right to decline events or activities that will interfere with operations or intended use of its property. 3.35 Tenant Compliance Tenants are obligated to submit proposed tenant improvements using the current Tenant Design Standards Guidelines and submit a Tenant Improvement Application to the SLCDA Tenant Relations Coordinator and follow the approval process. Tenants are to familiarize and comply with any Maintenance Matrix guidelines associated with their lease agreements. 3.36 Tenant Signage/Advertisements Tenants desiring to advertise new routes and other airline or tenant-specific promotions shall request permission from the SLCDA through the Tenant Relations Coordinator. Upon approval,the SLCDA will permit new route advertisements to be displayed not earlier than 30 days before the new service begins, and not longer than 30 days after it has begun,unless a written exception is provided by the SLCDA. Written advertisements, signs,notices, circulars or handbills may be posted or distributed only with the prior written permission of the SLCDA. The SLCDA has the right to remove any sign,placard,picture, advertisement,banner, or notice in any such manner as the SLCDA may designate. Signage installed on the Airport must meet the specifications approved by the SLCDA. Tenants will be billed by the SLCDA for new signs and changes to existing signs with the exception of temporary signs as noted above which remain the responsibility of the tenant. New airlines starting service at Salt Lake City International Airport will be reimbursed for these charges if the airline is actively operating at the Airport after one year. Airlines or other tenants requesting changes to signs due to marketing initiatives, voluntary relocations,name changes,etc.must pay for the changes. Costs for changes due to airline mergers,airlines that leave the market or go out of business will be borne by SLCDA. The Airport's sign fabrication department will review requested sign changes or additions, provide cost information and ensure consistency with the Airport's sign system. Tenants will contact the Airport's Tenant Relations Coordinator to initiate this process including requesting sign changes,additions and a quote for associated costs. 3.37 Third Party Operators A permit from the SLCDA may be required and prior approval given by the SLCDA before a Third Party Operator conducts any commercial activity at the Airport. Third 39 Party Operators may contact the Airport's Tenant Relations Coordinator with questions about requirements to operate. 3.38 Through-the-Fence Access Through-the-fence access is prohibited at the Airport. The SLCDA does not permit access to the public landing area by aircraft or for other aeronautical activities from land adjacent to,but not part of,the airports it manages. 3.39 Trash,Recycling and Other Waste Containers The SLCDA shall designate areas to be used for trash and recycling receptacles. Tenants, operators and other users of the Airport shall not move or otherwise relocate SLCDA's placed trash and recycling containers. Garbage, empty boxes,crates,trash,papers, plastics,refuse,or litter of any kind shall not be placed, or deposited on the Airport, except in the trash and recycling receptacles provided specifically for that purpose. The burning of garbage,empty boxes,crates,trash,papers,refuse, or litter of any kind on the Airport is prohibited. Trash,recycling and other waste containers at the Airport shall only be used for trash and recyclables generated on Airport property. Trash,recycling and other waste container areas shall be kept clean and sanitary at all times. Tenant trash,recycling and other waste containers shall be emptied with sufficient frequency to prevent overflowing and shall be cleaned with sufficient frequency to prevent attracting pests or the development of offensive odors. 3.40 Use of Roads and Walks Travel on the Airport other than on designated roads and walks are prohibited. Nothing, including vehicles or objects, shall block any designated road or walk unless required for maintenance or Airport operational need. 3.41 Use of South Perimeter Path Because of its proximity to the airfield and associated equipment, access to the South Perimeter Path(SPP) is restricted and controlled by the Airport's Operations Division. During periods of increased security threat levels,the south perimeter path gates may be locked and access may be denied. Path users are required to have sanctioned Airport identity badges issued through the Access Control department to open gates during their locked hours. Individuals that have an identity badge in relationship to their employment can request access to the path be added. For those who do not hold a badge in relationship to their employment,there is a one- time fee as outlined in the Rate Schedule on the Airport's website.A passport,a certified birth certificate, a driver's license or other proof of identity as determined by Access Control is required with an application. Pedestrian gates to the path are locked except from February 1 —September 30 when they are open from 5:30 a.m.to 10:00 p.m. and from October 1 —January 31 when they are open from 7:00 a.m.-7:00 p.m. 40 Vehicle gates are locked at all times and access is provided based on operational need. 3.42 Protection of Finishes When materials,products,and equipment are transported, all finishes are to be protected, including but not limited to,terrazzo,carpet and tile flooring, and walls.Airport users will ensure all proper safety requirements are in place. All delivery or transport carts must be approved by SLCDA and be equipped with nylon,neoprene or pneumatic wheels to prevent marking or scuffing of corridor floors. Laying plywood or other heavy duty floor for protection may be required.Users will be responsible for any damage to any existing finishes, fixtures or any other damages it causes. 3.43 Wildlife Hazard Management Plan The Airport's Wildlife Hazard Management Plan is administered by the Airport Operations Division in coordination with other Airport Divisions and federal, state and local agencies. The comprehensive approach outlined in the plan is aimed at mitigating hazardous wildlife in and around the Airport environment. Actions are centered on habitat modification,trapping,hazing,and lethal control. An important component of the plan is logging control efforts,completing regular surveys to learn seasonal wildlife patterns, and reporting statistics to measure the Plan's effectiveness. Habitat management techniques include: mitigating standing water, implementing,and monitoring landscape requirements, fence installation and maintenance,management of existing plants,insect and rodent control, and disruption of structural areas identified as roosting and nesting habitat. Hazing activities include the use of pyrotechnics, sirens, air horns,and portable scare devices. Species are discouraged from loafing in and around the Air Operations Area. In addition to hazing efforts,Raptors are also trapped, and relocated from the Airfield. The Airport has a permit to conduct lethal control of wildlife,and follows federal, state, and local regulations. Airport Wildlife Specialists are scheduled to provide dedicated Wildlife control during seasonal daylight hours, dawn to dusk. In addition to a dedicated Wildlife Division,who performs lethal control, and trapping operations, all Airport Operations Specialists are equipped, and trained annually in the use of pyrotechnics,and hazing techniques. Airfield Specialists are on the field during all hours of operation, continuing wildlife monitoring, and control efforts when necessary. The Airport also contracts a Wildlife Biologist employed by USDA to assist in administering the program. 4. SAFETY, SECURITY,AND AIRPORT ACCESS CONTROL 4.1 Restricted Areas No one shall enter any restricted area except those: 41 a. Directly engaging in work or an aviation activity that must be accomplished therein b. Having prior authorization of SLCDA through its Access Control program C. Under appropriate escort d. Employed by or representing the FAA, TSA,or DHS 4.2 Role of the Transportation Security Administration(TSA) The TSA is responsible for checkpoint security screening,including passengers, employees, and baggage, at the Airport. The SLCDA will work closely with the TSA and Airport tenants to promote a secure environment. 4.3 Weapons,Explosives,and Incendiaries Possession,transport and use of any weapons, firearms, ammunition,explosives,or incendiaries on the Airport shall be in compliance with all applicable regulatory measures,including those of TSA regarding the transport of weapons on aircraft. No persons,except authorized law enforcement officers,members of the armed forces of the United States on official duty, authorized air carrier employees, authorized Airport employees, or others specifically authorized under applicable law, shall possess or store any weapons, firearms, or explosives in the Airport Restricted Access Area at any time. Discharge of any weapon, firearm or explosive on the Airport is prohibited,except in the performance of official duties or in the lawful defense of life or property. 4.4 Access Control and Enforcement The SLCDA imposes rules pertaining to security to provide for the safety and security of people and property traveling through the Airport and in order to comply with legal requirements mandated by the U.S. Department of Homeland Security by and through its Transportation Security Administration. Failure to comply with the security rules,the Airport Security Program, and applicable federal regulations may result in TSA civil penalties and enforcement action by the SLCDA. The Airport Security Coordinator reserves the right to exercise reasonable discretion in determining the enforcement action prescribed based on the circumstances of the security violation. The severity of the offense will be noted on the letter to the individual committing the offense. Anyone found in violation of the security rules is subject to the following: First Offense: a. The SLC identification badge will be confiscated for 24 hours and security retraining has been completed by the individual. 42 b. A$100 badge reinstatement fee will be assessed to the individual. The company will be notified of the violation and will be required to provide details on their planned actions to preclude future violations. C. SLCDA will take appropriate actions to address the offense,which may include a criminal citation issued by the SLCPD Airport Division. Second Offense(within a two-year period): a. The SLC identification badge will be confiscated for three days and security retraining has been completed by the individual. b. A$200 badge reinstatement fee will be assessed to the individual. C. The company will be notified of the violation and will be required to provide feedback on actions taken to preclude future violations. d. SLCDA will take appropriate action to address the offense,which may include a criminal citation issued by the SLCPD,Airport Division. Third Offense(within a two-year period): a. The identification badge will be revoked and the individual will lose his or her ability to hold an SLC Airport-issued identification badge. b. SLCDA will take appropriate action to address the offense,which may include a criminal citation issued by the SLCPD Airport Division. 4.5 Keys and Locks The SLCDA controls locks and keys in Airport-owned facilities, including tenant leased premises and complies with the TSA key and lock program standards. Requests for the issuance of keys must be made following an application process through the Access Control Office. After the request has been processed,keys will be available for distribution at the Access Control Office. All Airport-owned space is required to be fully accessible to the SLCDA. If extraordinary security is required to a specific area beyond that expected of ordinary workspace, an "off-system"key will be made as long as the SLCDA has access to it during emergencies. Only tenants who are contractually tied to the Department of Airports will be issued keys to rented space. Their subcontractors, suppliers or subleases will be required to go through the tenant for access. If the tenant desires to supply keys for joint use,they must seek prior approval from the SLCDA. The approval does not relieve the tenant of the responsibility to maintain the security of the space as outlined in federal, state and local regulations. The SLCDA may change the key and lock system at its discretion to prevent a security compromise. 43 Tenants apply for keys with the SLCDA's Operations Division with designated forms by an authorized tenant representative. The representative must submit a list of all of the individuals to be provided with keys. The Airport will require these individuals to sign for the keys. The tenant is responsible for tracking the keys and ensuring their return to the SLCDA when their employee no longer requires the key. Keys may not be transferred from tenant employee to tenant employee.Keys may not be duplicated. Each new recipient is required to submit a request and sign for a key. A charge for each non- returned key will be assessed to the tenant. Fees for replacement keys,re-keying doors,and keys not returned upon termination are outlined in the Rate Schedule on the Airport's website. 4.6 Airport Security Badge Fees The Access Control Office issues airport identification/access badges,provides fingerprinting services for the purpose of obtaining criminal history records,and submits biographical information for the TSA-required security threat assessment for qualified applicants. The primary responsibility for controlling and returning airport issued identification badges rests with the designated company authorized signer. The Department of Airports has established a fee structure for badging services which is outlined in the Rate Schedule on the Airport's website. Fees are non-refundable unless noted otherwise. a. Contractor(Construction)Badges A badge deposit is required on each construction project based on the project cost as shown in the Rate Schedule. The full deposit amount must be submitted before badges and vehicle ramp permits may be issued. The deposit must be submitted by the General Contractor. The deposit is in addition to the non-refundable fee to conduct the TSA-required fingerprint check and security threat assessment(STA). These fees are invoiced to the general contractor on a monthly basis as background checks are processed throughout the duration of the project. 5. AIRCRAFT OPERATIONS 5.1 Compliance to Rules and Regulations No Person shall navigate, land, service,maintain,or repair any aircraft on the Airport, fly from the Airport, or conduct any aircraft operations on or from the Airport other than in conformity with current Federal Aviation Administration and all federal, state,local, and other applicable rules and regulations. Aircraft operators shall obey all pavement markings, signage, and lighted signals unless instructed otherwise by the ATC or the SLCDA. Operating an aircraft constructed,modified, equipped,or loaded as to endanger,or be likely to endanger people or the property of any entity,is prohibited. 44 5.2 Requirements for Aircraft No aircraft shall land at or take-off from the Airport unless it is equipped with a properly functioning two-way radio capable of communicating with the ATC. If an aircraft is being towed,two-way radio communication must be maintained except in tenant-leased areas. 5.3 Clearance May be Refused The Executive Director or their designee may suspend or restrict any or all aircraft operations on the Airport whenever such action is deemed necessary in the interest of safety. 5.4 Taxiing While taxiing on the airfield: a. Aircraft shall travel at speeds that will ensure complete control at all times. b. While awaiting take-off clearance, aircraft shall not taxi past the holding lines painted on the taxiway. C. No aircraft shall execute 180-degree turns on runways and taxiways. d. Aircraft will not taxi between a gate or building and another aircraft being pushed back or powered back except under the guidance of someone on the ground and wing walkers. e. Aircraft other than those of tenant operators will not have access to leased areas except with prior approval coordinated by the lessee through the Airport Operations Manager. f. Aircraft not granted access to leased areas will be directed to the Transient Aircraft parking area. g. Aircraft power back operations are not authorized at the Airport without the express approval of the Airport Operations Manager. 5.5 Passenger Loading Bridge Operation and Maintenance The Airport will carefully coordinate preventive bridge maintenance and damaged bridge repair with the airlines and contractors. The airlines that operate at the Airport are responsible for the following: a. Ensuring that only airline employees or airline representatives may operate passenger loading bridges. b. Training passenger loading bridge operators including orientation to the manufacturers' guidelines and Airport requirements. 45 C. Monitoring the condition of all bridges. An authorized representativc must promptly notify the Airport of maintenance,janitorial or repair work via the Control Center at 801-575-2401. d. Directing requests in excess of standard maintenance to the Airport's Tenant Relations Coordinator. e. Coordinating with the Airport and contractors to facilitate work on passcngcr loading bridges. f. Determining if an aircraft may remain at the gate during passenger loading bridge maintenance and repair. 5.6 Aircraft Parking and Storage Aircraft shall be parked only in those areas designated for such purpose and shall not be positioned in such a manner so as to block a runway,taxiway,taxilane or fire hydrant, or obstruct access to terminal gates, loading bridges,hangars,parked aircraft, or parked vehicles in accordance with Salt Lake City Code,Title 16 and established Airport policies. Aircraft operators shall ensure parked and stored aircraft are properly secured as set forth in federal regulations. Remote ground service equipment storage areas may be made available on an as-needed or pro-rata basis and will be designated by the Executive Director. 5.7 Overnight Parking(RON) All overnight parking(RON) of aircraft on non-leased areas must be approved by the Airport Operations Division. Parking approvals are given on a first-come, first-served basis. Long-term parking(more than 24 hours)must be requested and approved in writing. Overnight parking will be recorded by Airport Operations personnel at 3:00 a.m. daily and fees will be charged as designated in the Airport Use Agreement and the rate schedule published on the Airport's website. 5.8 Disabled Aircraft or Aircraft Involved in an Accident Any aircraft or parts thereof interfering with the normal runway or taxiway traffic shall be removed from such runway or taxiway. If the owner,pilot, or agent fails to comply with such request and the Executive Director finds such aircraft or parts interfering with the safe operation of the Airport,the Executive Director or designee may cause removal of such aircraft or parts at their discretion and as they deem appropriate under the circumstances. The full risk and expense of such removal shall be assessed against the owner without liability of any nature to the City. a. An aircraft involved in an accident on the Airport may not be removed from the scene of the accident until authorized by the SLCDA who shall receive authorization to remove the aircraft from the FAA or NTSB,when applicable. 46 b. Once authorization to remove the aircraft has been issued,the aircraft operator shall be responsible for the safe and prompt removal of disabled aircraft and parts to a non-movement area. C. If immediate arrangements are not made(so that the Airport can return to full operational status without unreasonable delay),the SLCDA may have the aircraft removed at the aircraft operator's risk and expense without liability for damage arising from or out of such removal. d. Disabled aircraft shall be removed as soon as possible. 5.9 Aircraft Accident and Incident Reports a. Aircraft operators involved in aircraft incident or accident on the Airport resulting in injury or death or damage to property shall make a full and prompt report of the accident to the SLCPD Airport Division and/or Airport Operations, complete any necessary reports or forms,and comply with all applicable provisions of Federal Aviation Administration(FAA)and National Transportation Safety Board(NTSB)Regulations. Damage to property includes damage to a runway,taxiway,taxilane, apron, signage, or navigational aid,light, or fixture. b. Copies of incident reports may be obtained from the Airport by submitting a written GRAMA request. 5.10 Aircraft Assembly, Cleaning,Maintenance, and Repair a. Aircraft assembly constitutes maintenance and is permitted only in areas designated for that use,and in hangars approved for that activity. b. Aircraft Cleaning 1) Aircraft cleaning shall be performed only in areas designated for such use. 2) Tenants performing aircraft cleaning must obtain a discharge permit for vehicle washing effluent from the Salt Lake City Department of Public Utilities. 3) Cleaning practices using flammable materials are prohibited. Cleaning practices using combustible materials are prohibited within any building or within 50 feet of any building, aircraft,vehicles, fuel storage facility, or fueling operation. 4) Use of any Class 1-A liquid(as defined in federal regulations)is prohibited. C. Aircraft Maintenance and Repair 1) Aircraft maintenance and repair is permitted only in areas pre-approved by the SLCDA. 47 a) With exception of preventive maintenance,repair and maintenance of general aviation aircraft shall be confined to designated areas within an FBO's leased premises. b) Preventive maintenance may be performed on aircraft located on tie downs and in T-hangars if appropriate measures are taken to collect and store any fluids that may be released. c) Minor maintenance of air carrier aircraft may be performed at the gate positions in the passenger terminal area if appropriate measures are taken to collect and store any fluids that may be released. For all other work,the aircraft must be moved to the air carrier's maintenance area or to an area designated by SLCDA. 2) Aircraft painting may only be performed in buildings approved for that activity. 5.11 Helicopter Operations a. All helicopters at the Airport shall take-off, land,or taxi only from established, Airport approved,parking pads,designated ramps or Airport taxiways and runways. b. Helicopters shall park or operate only in the areas designated for such operations. C. Helicopters shall not be operated within 200 feet of any area where light aircraft are parked or operating,unless such area is specifically established for helicopter operations. d. Helicopters shall not be taxied,towed,or otherwise moved with rotors turning unless there is a clear area of at least 40 feet in all directions from the outer tips of the rotors. e. Helicopters are prohibited from landing,taking off,or air taxiing between structures less than 120 feet apart. f. Over-flight of a structure on the airfield by helicopters must be conducted without hazard to people or property. g. Trailers or dollies shall be utilized to tow helicopters to parking pads for flights. Helicopter tow vehicles and trailers shall not be left at the SLCDA public use parking pads. h. Helicopter owners, operators towing vehicles or trailers being utilized at the Airport must make prior arrangement with Airport Operations for approval and location of towing equipment. 48 5.12 Noise Abatement Procedures a. Aircraft operators based at the Airport shall become familiar with,and adhere to, the noise abatement measures outlined in the Airport's Noise Compatibility Program and Federal Aviation Regulations(FAR)Part 150 Study. b. Copies of the Airport's Noise Compatibility Program are available at the SLCDA administrative offices. C. Aircraft operators shall use procedures that result in minimum noise to areas surrounding the Airport. This includes,but is not limited to,avoiding low altitude maneuvers. Optimum power settings and operating altitudes shall be maintained consistent with safe operating procedures for the aircraft. d. Flights in overpopulated areas shall be avoided to the extent consistent with safety. e. Aircraft engine run-ups may only be conducted in locations approved by SLCDA. 1) Aircraft engine run-ups must be coordinated with Air Traffic Control. 2) Aircraft engine run-ups must be conducted with the aircraft positioned to direct engine exhaust forces away from the taxiway,runway,or adjacent ramps and roadways. 3) Aircraft engine run-up locations are limited to the following: a) Taxiway K1 /Runway 35 run-up area(daylight hours only) b) Taxiway K9/Runway 17 run-up area c) Taxiway Q/Runway 14 run-up area d) Taxiway A11 /Runway 16R run-up area 4) Aircraft engine run-ups in a location other than those indicated in 5.12.e.3 must be coordinated in advance with the Airport Duty Manager. 5.13 Specialized Aeronautical Activities a. Hot air balloon operations,parachute drops,banner or glider towing,ultralight aircraft and similar operations are prohibited at the Salt Lake City International Airport. b. Such specialized activities may be approved on a special events basis with prior written approval from the SLCDA and with coordination with the FAA. 49 5.14 Air Traffic Rules The air traffic rules as established by the FAA and currently in effect are hereby adopted by reference and made a part of these rules as fully as if the same and each and all of them were set forth herein. 5.15 Unmanned Aircraft Systems(UAS) a. UAS Operations at SLCDA Airports UAS operations at the three SLCDA operated airports require prior coordination with the Airport Operations Division. 1) Operations at Salt Lake City International Airport require: a) Approval from the Assistant Director of Operations-Airfield b) Approval from the FAA Air Traffic Control Tower c) Approved need to support airport functions d) At least five days' notice 2) Operations at South Valley Regional Airport require: a) Approval from the General Aviation Manager b) Approved need to support airport functions c) At least three days' notice 3) Operations at Tooele Valley Airport require: a) Approval from the General Aviation Manager b) Approved need to support airport functions c) At least three days' notice b. UAS Pilot Standards UAS pilots must have the following qualifications and follow these standards: 1) UAS pilots/operators must be FAA Part 107 certified. 2) UAS pilots must use a visual observer. C. UAS System Standards UAS systems must have the following minimum operating standards: 50 1) Ability to immediately land in an emergency or conflict 2) Ability to immediately land in lost communication event 3) Ability to tether if appropriate for the operation d. UAS Insurance Standards UAS operations on SLCDA property require insurance coverage appropriate to the level of operation as determined by the SLCDA Administration and Commercial Services division. 6. COMMON USE GATE POLICIES AND PROCEDURES The Salt Lake City Department of Airports(SLCDA)is committed to providing adequate contact gates,hard stand, and remain overnight(RON)facilities to the extent it can accommodate airlines with existing operations at Salt Lake City International Airport(SLC),and also new airline entrants seeking to enter the SLC market. These policies and procedures are intended to maximize the efficient use of Common Use Gates,hardstand positions,and remain overnight (RON) facilities,while also endeavoring to treat all airlines that serve or may serve SLC equitably. SLCDA's Airport Operations Division shall manage the scheduling and approval of designated Common Use Gates,hardstand positions, and RON facilities for scheduled and non-scheduled flight operations by all carriers in the best interests of airport operations. SLCDA will utilize this procedure when considering different types of scheduling and air service requests. This procedure will establish priority among airlines requesting accommodation at a Common Use Gate,in an effort to accommodate as many types of airlines as possible under varying circumstances. No airline may use a Common Use Gate,hardstand position, and RON facility without the prior written approval from SLCDA,in the sole discretion of SLCDA. Written approval provided by SLCDA shall be via email. SLCDA cannot guarantee the availability of any Common Use Gates,hardstand positions,or RON facilities. Prioritization of Common Use gates shall be managed by SLCDA Airport Operations,with support and coordination with SLCDA's Administration&Commercial Services and Air Service Development management staff. Preferential Use Gates are governed by the established Airline Use Agreement (AUA) between the SLCDA and the relevant Signatory Airline, and applicable FAA regulations. Where there is a conflict between this document and the AUA,the AUA will govern. SLCDA shall meet internally every 90 days to assess the performance of this program and will adjust as necessary. Modifications by SLC shall be at the reasonable sole discretion of the Executive Director and will be effective upon 90-day notice to airlines. 51 6.1 Advance Gate Allocation The following advance allocation procedures govern airline requests for gate usage. a. Primary Advance Allocations and Deadlines Requests that meet the requirements set forth below receive highest consideration and first opportunity for approval for advance requests. These requests must comply with the following: 1) Airline Requests: Requests for Advance Allocation must be submitted with all required information no later than the 1 st of each month to be considered by SLCDA for flights scheduled two months later. During extraordinary events impacting the entire airline industry(i.e. epidemic, pandemic,major economic events, etc.), SLCDA will attempt to accommodate airlines submitting requests less than two months in advance;however, earlier requests will receive priority. Carriers shall make every effort to submit advance allocation requests based on anticipated needs. 2) SLCDA Response: SLCDA will respond with a proposed allocation plan as soon as is possible but in no event later than the 25th of each month for flights scheduled two months later. Any request(s)approved or denied by SLCDA will be clearly indicated in SLCDA's response to individual carriers. See chart below for monthly deadlines. 3) Airline Confirmation: SLCDA will assume requesting airlines have reviewed and accepted any proposed advance allocation(s)unless said carrier responds via email no later than the 15th of the month prior to the effective schedule month requesting to rescind or modify any requests. b. Secondary Advance Allocations and Deadlines Any requests made after the deadline for Primary Advance Allocation will be considered on a first-come, first-serve basis only after all Primary Advance Allocations have been awarded. Secondary Advance Allocation requests must be made no later than ten(10)calendar days prior to flight operation. SLCDA will respond with an approval or denial to an airline's request for Secondary Advance Allocations as soon as practicable but no later than twenty-four(24)hours prior to flight operation. C. Non-Allocated Requests Any request made for a Common Use Gate less than ten(10) calendar days of operation will be handled as a Non-Allocated Request and may be made no sooner than ninety(90)minutes prior to needed gate occupancy. 52 d. Special ARP Considerations SLCDA may give priority to airlines that are operating at the time of the request with Preferential Gate capacity reductions due to the phasing of the Airport Redevelopment Program(ARP). Deadline For Flights Scheduled In Advance Allocation Requests from Airline January 1 March Response from SLCDA January 25 Advance Allocation Requests from Airline February 1 Response from SLCDA February 25 April Advance Allocation Requests from Airline March 1 May Response from SLCDA March 25 Advance Allocation Requests from Airline April 1 June Response from SLCDA April 25 Advance Allocation Requests from Airline May 1 July Response from SLCDA May 25 Advance Allocation Requests from Airline June 1 August Response from SLCDA June 25 Advance Allocation Requests from Airline July 1 September Response from SLCDA July 25 Advance Allocation Requests from Airline August 1 October Response from SLCDA August 25 Advance Allocation Requests from Airline September 1 November Response from SLCDA September 25 Advance Allocation Requests from Airline October 1 December Response from SLCDA October 25 Advance Allocation Requests from Airline November 1 Response from SLCDA November 25 January Advance Allocation Requests from Airline December 1 Response from SLCDA I December 25 I February Advance allocation requests will be considered only after the deadline for submission in order to ensure equitable opportunities for all carriers. Requests that carry over into subsequent months will not be considered until after the deadline for the month an operation is scheduled. 6.2 Submitting Primary and Secondary Advance Allocation Requests To request an advanced allocation, airlines must submit the following information to SLCDA. SLCDA requires at least twenty(20)minutes between a scheduled departure and the next scheduled arrival at a Common Use Gate,except for back-to-back usage of the same Common Use Gate by the same air carrier. SLCDA may at its sole discretion include larger time periods between scheduled operations of two different airlines when generating Common Use Gate plans. All advance allocation requests shall be in a format compatible with SLCDA's scheduling software or other required format communicated, and sent to SLCDA via email to AirportGateMana ement o v.com. 53 a. For each request, clearly indicate the following for each operation: 1) All scheduled or otherwise anticipated flights for the SLC station for the effective schedule month,in addition to flights requested at a Common Use Gate 2) IATA airline identifiers and flight number 3) Aircraft type and model series 4) City pairs 5) Arrival and departure times shown in local time for origin and destination 6) Scheduled beginning and ending dates 7) Day(s)of operation 8) Any special requests(such as a request for a specific gate)the operation is a turn,originating in SLC,or terminating in SLC 9) For turns,indicate which flight is the inbound and which is the outbound 6.3 SLCDA Advance Allocation Priorities For operations not requiring use of Customs facilities,the order of priority for each flight operation for Primary and Secondary Allocation requests is as follows: a. Scheduled(operated four or more times per week) 1) Wide-body Aircraft 2) Narrow-body Aircraft 3) Regional Aircraft b. Scheduled(seasonal and operated less than four times per week) 1) Wide-body Aircraft 2) Narrow-body Aircraft 3) Regional Aircraft C. Non-Scheduled/Charter/Itinerant Flights 1) Wide-body Aircraft 2) Narrow-body Aircraft 54 3) Regional Aircraft For the purposes of this procedure, a wide-body aircraft is any commercial service aircraft with two or more passenger aisles; a narrow-body aircraft is any commercial service aircraft with more than 76 passenger seats and single passenger aisle; a regional aircraft is any aircraft with 76 passenger seats or less. 6.4 Priority Consideration for Airlines with Concurrent Operations The intent of this policy is to ensure that an air carrier's Preferential Use gates are utilized in the most effective and efficient manner,and Common Use gates are used only when absolutely necessary to ensure highest and best use of the Common Use gates and to not unduly limit competition at SLC. If an airline submits a request during a timeframe that said airline will have a Preferential Use Gate of their own available to use, other competing requests may be given higher consideration for allocation priority unless adequate justification is provided by the airline to SLCDA along with the request. When an airline is faced with a flight schedule that exceeds their ability to accommodate all operations at their own Preferential Use Gates and a request is made for a Common Use Gate,the operation with the lowest priority should be requested for the Common Use Gate or provide justification to SLCDA why the higher priority aircraft should be scheduled at a Common Use Gate.Requests that fail to provide justification when such situation is questioned will receive the lower priority among concurrent operations when being considered for advance allocation. 6.5 Priority within Levels In the event the SLCDA receives competing flight operation requests within the same priority level at similar operating times, SLCDA at its sole discretion, shall determine priority based on several factors to ensure the highest and best use of the Common Use Gates and overall operation of the airport. All factors will be considering when determining the approved schedule and SLCDA will endeavor to apply transparency and be available for consultation, as necessary. Factors include but are not limited to the list below. a. Availability of Preferential Use Gates b. Aircraft making turns vs. aircraft terminating in SLC (aircraft making turns shall take priority) C. Aircraft characteristics(size,capabilities,etc.) d. Number of passengers and/or type of operation(s) e. Other factors as determined by SLCDA in the best interest of the overall operation at SLC(i.e., special considerations, seasonality,prior Common Use Gate usage, etc.) 55 6.6 Non-Scheduled Flight Operations and Emergencies Aircraft experiencing an onboard emergency shall supersede all other requests or allocations if a Common Use Gate be needed. In the event a scheduled operation with prior gate approval is impacted as a result of accommodating another aircraft with an onboard emergency, SLCDA will provide re-accommodation in accordance with this procedure. All charter, itinerant, and all other non-scheduled flight operations will be accommodated at a lowest priority as facilities are available and in accordance to the policies set forth in this procedure. 6.7 Non-Allocated Requests for Common Use Gates Any requests for Common Use Gates later than ten(10) calendar days of operation will be handled as a Non-Allocated Request. Airlines requesting a Common Use Gate outside of previously determined advance allocations must contact the Airport Operations Gate Manager on-shift at 801-575-2000 no earlier than ninety(90)minutes prior to anticipated gate occupancy. SLCDA will approve requests based on the most efficient use of the gate during the requested period with the attempt to meet the needs of all requesting airlines. SLCDA cannot guarantee the availability of any gate,Common Use or other. 6.8 Irregular Operations SLCDA recognizes the operational complications airlines may experience such as weather impacts, delays, or other issues and the need to utilize a Common Use Gate. SLCDA will exercise reasonable effort to accommodate airline requests for Common Use Gates during such irregular operations as long as previously determined gate use allocations and approvals will not be affected. if SLCDA is unable to accommodate such requests during irregular operations due to the previously established schedule, airlines that have previously been approved to use a Common Use gate,but are unable to adhere to the scheduled time,may be required to use hard stand operations,or wait for contact gate availability. 6.9 Gate Occupancy Period Unless otherwise approved by SLCDA, an airline authorized to utilize a Common Use Gate shall be permitted to occupy the assigned gate for the occupancy periods set forth below. NOTE: During periods of social distancing and enhanced aircraft cleaning operations, 15 minutes shall be added to each of the maximum periods below. a. 76 seats or less: 60 minutes b. Narrow body: 90 minutes C. Wide body: 2 Hours A complete operation will be considered one of the following: a. An aircraft relocating from another parking spot prior to a scheduled dcparturc 56 b. A scheduled flight arriving then towed away to another parking spot after deplaning C. A scheduled flight arriving then remaining at a gate for a scheduled departure An aircraft scheduled as the last terminating flight on a Common Use Gate and also scheduled to be the first flight out the following day will be permitted to RON at a Common Use Gate except at the Common Use Gate accommodating the largest aircraft to ensure at least one Common Use Gate remains accessible for diversions, emergencies, and irregular operations. 6.10 Terminating and Originating Operations(Non-Turns) When scheduling advance gate allocations, SLCDA will require any terminating flights to be towed away from the gate within forty-five(45)minutes of arrival to make the gate available for other requests,unless otherwise approved by SLCDA. To ensure additional capacity for irregular operations and non-allocated requests any originating flight approved to use a Common Use Gate may occupy the gate no sooner than sixty(60) minutes prior to the scheduled departure time unless otherwise approved by SLCDA. Approvals by SLCDA shall be made on a case-by-case basis. 6.11 Exceeding Allocated Occupancy In the event an airline anticipates exceeding the allocated time at a Common Use Gate by fifteen(15)minutes or more due to a delay,the airline shall immediately notify the Airport Operations Gate Manager on-shift at 801-575-2000. SLCDA may either: grant additional time on the Common Use Gate; or, direct the airline to vacate the gate.An airline will only be directed to vacate a gate if another airline's operations or other circumstances warrant such direction. SLCDA will not require relocation during active boarding processes unless, in the sole discretion of SLCDA,the allocated occupancy is exceeded repeatedly. Aircraft permitted to stay at the gate beyond the occupancy periods listed above will be subject to additional usage fees or any other applicable fee as outlined in the Airport Rate Schedule. Any airline required to vacate a gate and use a remote parking location will be subject to any applicable ramp use fees as outlined in the current Airport Rate Schedule. If direction is given to vacate a Common Use Gate,reasonable effort will be made to provide an alternative gate or a hardstand position to conduct flight operations. 6.12 Cancellation or Modification of Gate Use Requests Airlines may,without requiring additional approval from SLCDA, substitute a previously allocated or approved gate use with another flight of the same airline and same type aircraft(or smaller)for operational needs, so long as the allocated occupancy times do not vary more than fifteen(15)minutes beyond the approved occupancy period. Airlines must receive approval from SLCDA for any modifications that require altering the previously allotted occupancy times by more than fifteen(15)minutes and/or if at least a twenty(20)minute time period between scheduled flights, or as otherwise required by SLCDA in its sole discretion. In the event an airline will not use a previously arranged gate due to a flight cancellation,flight schedule change, or other circumstance,the following shall apply: 57 a. Advance Allocation Request Changes and Cancellations If the known need for a previously approved Common Use Gate changes for more than one occurrence,the airline shall notify the SLCDA by email at AirportGateMana ement og v.com as soon as it is known and explain the circumstances of the changes. SLCDA, at its discretion,may review any changes to determine if modifications are needed to the overall Advance Allocation plan. Any changes made after the advanced allocation deadline(s) as outlined in Section(a)may result in a lower priority for consideration. b. One-Time Singular Event Changes or Cancellations(Day of Operation) If, on the day of operation,a gate usage previously approved by SLCDA is no longer needed for a one-time singular event for any reason,or if changes to an approval are needed, said airline shall notify the Airport Operations Gate Manager on-shift by phone at 801-575-2000. 6.13 No Availability at Common Use Gate If SLCDA is unable to accommodate a request to use a Common Use Gate,notification will be given to the airline as soon as possible. The requesting airline shall then make a reasonable effort to work with other airlines to secure gate usage at one of their Preferential Use Gates.After all options to secure a gate are not successful, SLCDA will provide a remote ramp parking spot for the airline to conduct a hardstand operation. 6.14 Common Use Gate Usage Prompting Preferential Use Gate Status In the sole discretion of the SLCDA, in the event an airline with established Common Use Gate scheduling results in an airline turning at least eight(8)times in a twenty-four (24)hour period for at least ninety(90)days,the Common Use Gate may be converted to that airline's Preferential Use by removing the Common Use gate from the program. The airline must also demonstrate that all its preferential use gates are also turning 8 times per twenty-four(24)hour period in the last ninety(90)days. In the event a gate is converted to Preferential Use and the usage decreases below eight(8)turns in a twenty-four(24) hour period over the course of ninety(90) days,the gate will return to Common Use. In no event will there be less than one Common Use gate at any given time. Priority for this provision will be given to airline(s)with the most significant Preferential Gate use loss as compared to its future Preferential Gate count during the ARP. 6.15 Standard Provisions The SLCDA will endeavor whenever possible to assign a Common Use gate adjacent to or across from an airlines Preferential Use Gate for operational efficiency and passenger experience related purposes. Parking of more than one aircraft at a gate,or stacking aircraft at a gate,must be approved by Airport Operations. Fees for stacking aircraft will be charged in accordance with the AUA and the current Rate Schedule. 58 Airlines shall remove ground support equipment and any temporarily installed gate podium signage immediately following the departure of the flight at any Common Use gate. Prior to and after use of a Common Use gate, each airline has the obligation to ensure the gate area is properly configured for use by its aircraft and in a safe operating condition for use by others. This includes removal of all GSE equipment,foreign object debris,air hoses and power cords. In the event a Preferential Use gate(s)is returned to SLCDA as a Common Use gate, it shall remain Common Use during the phasing of the ARP for the benefit of all carriers serving SLC,at the sole discretion of the Executive Director. A seasonal flight shall be considered a route with a duration longer than 3 months but less than 12 months of continuous scheduled operations. 6.16 Fees and Charges All fees and charges will be assessed as indicated by the SLCDA Rate Schedule for the current fiscal year.Airlines will be charged for gate usage on a per-use basis in accordance with the AUA and found in the most current SLCDA Rate Schedule. 6.17 Non-Compliance and Penalties It is imperative that SLCDA and all air carriers have effective and timely communication to ensure maximum usage at Common Use Gates,especially during irregular operations,delays,etc. that may impact the schedule and result in violations of the Rules and Regulations. The SLCDA will use the following process to document and apply penalties to airlines violating these Gate Management Procedures. a. Each violation shall be reported to the Operations Manager overseeing the Airport's Gate Management program.Violations will be documented with the date,time, airline(s)involved,gate/hardstand involved, and explanation of the violation. b. Upon determining the nature of the violation,the Operations Manager overseeing the Airport's Gate Management program will notify the airline's leadership of the violation. C. The Operations Manager overseeing the Airport's Gate Management program will keep track of historical violations for each airline and review any prior violations within the previous 90 days. d. For each violation, an additional Common Use Gate and Boarding Bridge fee, as described on the current SLCDA Rate Schedule,will be imposed. e. The Operations Manager overseeing the Gate Management program will notify an airline if it incurs three or more violations in a 90-day period. Said airline's requests for pre-approved common use allocations will be considered at the lowest priority after all other requests for the next month's scheduling period. 59 f. If an airline fails to take steps to correct any issues that may be contributing to the violations, and if said airline accumulates six or more violations in a 180- day period,the Airport may impose a suspension upon the airline's use of the airport's common use gates for a period of one month. Said airline will be permitted to use common use hardstands during this month. g. All violations will be reviewed by the Operations Manager overseeing the Airport's Gate Management program on a rolling basis. Violations of the Gate Management Procedures include but are not limited to: a. Failure to advise SLCDA when an aircraft will exceed the occupancy of a previously arranged Common Use Gate or another airline's Preferential Use Gate by more than 15 minutes. b. Using a Common Use Gate or another airline's Preferential Use Gate without prior approval. C. Failure to cancel a previously arranged use of a Common Use Gate or another airline's Preferential Use Gate when it is no longer needed. 7. AIRCRAFT FUELING AND HANDLING Only persons authorized by the Airport and trained in aircraft fuel servicing procedures and safe operation of fueling equipment shall provide aircraft fuel services. Fuel storage facilities and fueling equipment shall be maintained in safe operating condition and in compliance with federal, state, and local regulations. Operators will indemnify and hold harmless the Salt Lake City Department of Airports and Salt Lake City Corporation for all loss, claim, or damage incurred as a result of Operator's handling and dispensing of fuel on the Airport. 7.1 Fueling Permits A Fueling Permit from the SLCDA is required for any entity which stores(in quantities greater than five(5)gallons)and/or dispenses fuel. The permit shall be renewed annually and may be suspended or revoked by the SLCDA for failure to comply with applicable regulation. Fueling Permit applications shall include supporting documentation as required by the SLCDA, including,but not limited to,the following: a. A current copy of each supervisory fuel safety training certificate complying with FAA Advisory Circular 150/5230-413 or equivalent. b. A complete list of initial or recurrent training dates for all fueler-endorsed badge holders. C. A letter stating that all FAR 139.321 training requirements are met for the permit year. 60 d. Payment of the Fueling Permit fee,payable to Salt Lake City Department of Airports, at the following rates: 1) Annual Fueling Permit fee per company is $50. 2) Annual certification fee per fueler-endorsed badge holder is $10. Following training approved by the SLCDA in fire safety and fuel handling, all persons who provide aviation fuel services shall receive authorization from the SLCDA to perform such services. Such approval will be indicated by the addition of an icon to the person's SIDA badge issued by the SLCDA,which must be properly displayed during provision of fuel services,and as required to comply with security procedures. Tenants must notify the SLCDA in advance of conduct of commercial activity by a Third-Party Operator at the Airport. The Third-Party Operator contracted to provide fuel services will be held responsible for the entire operation. 7.2 Inspection Fuel storage facilities and fueling equipment are subject to inspection by the SLCDA for compliance with applicable regulations and standards,to include Federal Aviation Regulation,National Fire Protection Association,International Fire Code, and federal, state, and local regulations. The SLCDA must inspect and approve of any fuel storage facility and/or fueling equipment prior to construction,assembly, or utilization on the airport. The SLCDA shall conduct inspections of fuel storage facilities and fueling equipment no less than once each three consecutive calendar months. Facilities and/or equipment unavailable for inspection,or failing to comply with inspection standards, shall be removed from service until compliance is assured by inspection. Training records complying with the SLCDA Airport Certification Manual shall be inspected by the SLCDA no less than once annually and shall be provided to the SLCDA in requested format. The SLCDA shall conduct Regularly Scheduled and Continuous Surveillance inspections of fueling operations to comply with Federal Aviation Regulation. 7.3 Operations No flammable or combustible liquid shall be dispensed into or removed from a container, tank,vehicle or aircraft except in a location approved by the SLCDA. No flammable or combustible liquid shall be dispensed into or removed from the fuel system of an aircraft within an aircraft hangar. Regulation regarding smoking prohibition in fueling operations shall include non- traditional smoking media, such as vapor or electronic cigarettes. Smoking is prohibited within fifty feet(50')of fuel storage and transfer facilities,fueling equipment, and aircraft fuel tank vents. Smoking materials are prohibited in fuel storage and transfer facilities,in fueling equipment,and on the person of anyone handling or transferring fuel. 61 SLCDA will notify fueling operators when lightning is detected within the immediate vicinity of the airport. Fueling operations shall be suspended when lightning is detected within the immediate vicinity of the airport. Resumption of fueling operations shall be determined by fueling operators based upon company and customer written procedures. Off gate fueling of air carrier aircraft with passengers on board shall meet NFPA requirements and shall include a means of passenger egress (aircraft stairs or mobile stair units deployed)and ARFF presence during the fueling process. 7.4 Spill Prevention and Response A Storm Water Pollution Prevention Plan and a Spill Prevention Control and Countermeasures plan shall be provided by all fuel service providers to the SLCDA as required. Primary responsibility for prevention,timely and appropriate response,and proper disposal of fuel spills rests with the party that caused the spill. The handling and removal of fuel contaminated material shall be under the direction of the SLCDA and shall be in accordance with applicable federal, state,and local regulations. In the event of a fuel spill,regardless of size,the operator must immediately stop the flow of fuel,contain the spill, and notify the Airport Control Center(801.575.2911). Fuel service provision shall not resume until Airport Operations has determined it is safe to do so. Training in fuel spill prevention,response, and disposal is the responsibility of the fuel service provider and shall be documented and available for review upon request. Individual failure to comply with applicable regulation regarding fuel spill prevention, response,and disposal may result in citation and/or revocation of SIDA badge. The fuel service provider is responsible to maintain an adequate supply of fuel spill response material, including absorbent material, approved vacuum equipment, or other mechanical device,in close proximity to possible spill areas. Aviation fuel removed from an aircraft during pre-flight inspection shall be disposed of in compliance with all federal, state, and local regulations, in containers designated for such purpose. The entity performing the pre-flight inspection is responsible to provide such containers and train personnel in their use. 7.5 Maintenance and Staging Maintenance and servicing of fueling equipment shall be performed outdoors or in a facility that is approved by the SLCDA specifically for this purpose. Fueling equipment maintenance and inspection records shall be maintained by the fuel service provider and shall be made available upon request. Tanker and hydrant fueling equipment shall be stored outside and parked not less than fifty feet(50') from a building or other structure, storm water conveyance, drain,catch basin or ditch. 62 Tanker fueling equipment shall be parked in a manner that provides not less than ten feet (10') separation between the equipment and any other vehicle or aircraft. A minimum of twenty feet(20')from a storm water inlet shall also be maintained from parked tanker and hydrant fueling equipment. Unless authorized by the SLCDA,no more than five gallons of fuel may be stored in fuel cans,and all fuel cans shall be spring-loaded self-closing approved containers. 7.6 Fuel Flowage Fees a. A fuel flowage fee set in Salt Lake City Code, Title 16, is payable to the SLCDA for all aviation fuel. The fee does not apply to motor vehicle fuel delivered to operators at the Airport. b. Each operator shall pay the fuel flowage fee for all fuel delivered to the operator's premises, storage facility tanks,or tanker fueling equipment, excluding fuel delivered by the SLCDA. C. Operators shall furnish to the SLCDA on or before the 15'day of the next succeeding month, a written statement setting forth the total number of gallons of fuel delivered to the operator's premises, storage facility tanks,or tanker fueling equipment during the preceding month. The format for reporting must be in a form acceptable to the SLDCA. Operators shall pay the fueling fees determined to be owed no later than ten days after the date of the SLCDA statement. d. Operators shall keep and maintain adequate accounting and records to establish and verify the accuracy of the fuel volumes reported to the SLCDA. The SLCDA shall have the right to examine,inspect or audit an operator's records for the purpose of verifying the accuracy of the reported fuel volumes. 7.7 Off-Premises Fueling Fueling activities shall be limited to an operator's leased premises unless the following conditions are met: a. Operator's lease,use, or other agreement or fueling permit expressly permits off- premises fueling. b. Operator's levels of insurance are sufficient to cover the increased liability associated with off premises fueling, as determined by the SLCDA. 7.8 Transient Fueling Operations The SLCDA reserves the right to inspect and approve transient fueling operations(such as seasonal firefighting). Such operators shall provide fuel services only in designated areas and shall pay applicable fuel flowage fees. 63 8. SNOW AND DEICING OPERATIONS 8.1 Snow Removal The Airport is responsible for snow removal operations except within tenant leased areas. Snow removal operations will be conducted in accordance with the Airport's FAA approved Snow and Ice Control Plan. 8.2 Deicing Fluid Storage Aircraft deicing fluids shall only be stored and dispensed on the Airport by those entities having received authorization from the Airport. Operators will be required to indemnify the SLCDA and Salt Lake City Corporation for all loss, claim or damage incurred as a result of the operator's handling and dispensing deicing fluids on the Airport. 8.3 Aircraft Deicing Operations and Procedures a. Aircraft deicing will be conducted in accordance with the Salt Lake City International Airport Deice Plan. Management of bulk aircraft deicing fluid (ADF) shall be conducted in compliance with SLC Rules and Regulations,the Fire Code of the City and County of Salt Lake, and all applicable federal, state, local laws and regulations. b. Aircraft shall be positioned in such a manner that the spray from performing deicing does not contaminate other vehicles or people. Aircraft shall be positioned on the pads in a manner which ensures that all runoff of ADF applied to the aircraft will fall within the ADF collection system. C. Airlines conducting deicing operations with engines running must follow their established company procedures as described in written company manuals. d. Primary and secondary aircraft deicing is only allowed on established SLCDA's approved deice pads as depicted in the most current Airport Deice Plan. e. Limited deicing is allowed for emergency snow removal from engine cowlings at the gate if it is required to deice the cowlings prior to engine start. All limited gate deicing will be preapproved by the Airport Duty Manager. Fluid generated by limited deice operations will be collected by a glycol recovery vehicle. f. Exceptions to the Airport's Deice Plan must be approved by Airport Operations and the Airport Environmental Divisions. Costs of alternatives will be the responsibility of the requesting aircraft operator or tenant. g. Only propylene glycol-based fluids shall be used for aircraft deicing at the Airport. No other products are permitted. h. Spills of any type or size (e.g., ADF, fuel, hydraulic fluid) must be reported immediately to the SLCDA Control Center at 801-575-2401. Spills must be contained and cleaned up by the responsible party in accordance with all applicable federal, state, and local laws and regulations. 64 i. The disposition of unused or "out-of-spec" fluids from deice vehicles is the responsibility of the airlines and must be handled in accordance with all federal, state, and local laws and regulations. j. Deicing vehicles and support equipment shall be parked in designated parking places and will not be parked in aircraft operating areas unless actively engaged in deice operations or in support of aircraft in the gate. Parking locations shall be approved by Airport Operations. 8.4 Transient Deicing Operations Transient de-icing operations will be conducted by Airport approved and authorized deicing service providers in accordance with the Airport's most current deice plan. 8.5 Usage Reporting Each carrier applying deicing fluid shall submit a monthly report detailing the type and amount of fluid applied. The SLCDA will provide the form to each ADF applicator. If an FBO performs this service,the FBO will submit the report on behalf of the carrier. 9. MOTOR VEHICLE OPERATIONS 9.1 General Provisions (in addition to the provisions in Salt Lake City Code, Title 16) a. Vehicle operations on the Airport in a careless,negligent,unsafe,or reckless manner; in disregard of the rights and safety of others;without due caution and care; or at a speed or in a manner which endangers or is likely to endanger people or property,are prohibited. b. Unless otherwise posted,on-street vehicle parking is not allowed. C. Vehicles shall not be operated at a speed greater than posted or is reasonable and prudent under the conditions and having regard for actual and potential hazards, traffic,use of the street or road, or so as not to endanger people or property. d. Non-essential vehicles, as determined by Airport Operations,will be restricted from the AOA while the Airport is operating under 600 feet RVR SMGCS conditions. e. Vehicle operators shall provide proper signals and obey all traffic lights, signs, mechanical,or electrical signals, and pavement markings unless directed otherwise by the SLCPD Airport Division. f. Tugs and baggage carts shall be returned to designated storage areas immediately following unloading. No more than five conveyances may be towed at one time. During high winds, single carts must be attached to a tug, another cart or otherwise secured. Baggage carts and other equipment left outside of designated storage areas are subject to relocation at the tenant's expense and a fine. The tenant will be 65 charged$200 per vehicle or piece of equipment each day that it remains in violation. If equipment is found to impede operations of another tenant or the Airport,the SLCDA will relocate it and charge the tenant for costs of removal and storage. The SLCDA will issue a warning before assessing fines or relocating equipment. The tenant is responsible for tugs,baggage carts and other equipment brought on the airfield by employees,guests, clients,patrons,contractors, subtenants, approved licensees,contractors etc. The tenant may request written permission from the SLCDA to park or store equipment on a temporary basis outside of the designated storage areas. g. Except in case of emergency or operational necessity,no vehicle shall leave paved areas. h. Airport employees or users may not ride any self-propelled vehicle device such as bicycles, skateboards, long boards,roller skates/blades, scooters,ATVs,and three-wheelers in the Airport secure area,terminal,concourses,buildings, facilities,parking garage,terminal front sidewalk or covered walkway. Employees using these vehicles or devices will disembark and walk them into an assigned work area. An exception is made for SLCPD Airport Division and wheelchairs for those with disabilities, and with written permission for construction and other special projects. i. Traffic on perimeter roads,enplaning and deplaning drives,public thoroughfares, and parking areas of the Airport is limited to those vehicles properly licensed to operate on public streets and highways. The operation of baggage tugs and other ramp equipment in these areas is prohibited. j. No ground service operator shall provide services on the Airport without successfully passing the Airport's Basic Drivers Training providing documentation of a current insurance policy meeting the Airport's specifications and having paid the appropriate fees or charges. k. Operators of vehicles,which because of design or function restrict operator visibility to sides and rear of vehicles, shall utilize someone else for guidance while backing up. 1. Use of cell phones and electronic music devices is strictly prohibited when driving on the Air Operations Area(AOA). Drivers must fully stop their vehicle in a safe manner away from aircraft and vehicle traffic to conduct cell phone conversations. Texting, operating electronic music devices or any other distracting activity while driving on the AOA is prohibited. Listening to music, using earphones or headphones while driving or working on the airfield is prohibited. Exemptions: 1) SLCPD Airport Division, Salt Lake City Fire Department,and SLCDA Operations representatives,may use cellular devices when operating equipment,while responding to an emergency. 66 2) Airfield Operations Managers may use hands free cellular devices,while operating equipment on the AOA,to meet all airfield operational needs. in. Operators of motor vehicles shall avoid idling. n. Remote ground service equipment(GSE) space will be designated,and fees assessed in accordance with the Airline Use Agreement(AUA). 9.2 Vehicle Licensing and Equipment a. Except for vehicles that are exclusively used on the AOA, all vehicles shall meet proper state licensing,registration and inspection requirements. b. Vehicles shall not be operated on the Airport unless they are in sound mechanical condition,with working lights,horn,brakes and other equipment suitable to the task. C. Vehicles operating or parking inside the security fence shall be registered with the SLCDA and clearly display a current vehicle permit or sticker. Non- traditional vehicles are not required to have a vehicle permit or sticker. These are defined as a vehicle,through original design,intent or manufacture that was not intended for use on public streets. This includes motorized aircraft tugs,belt loaders,ATV's,forklifts, golf carts, and similar vehicles. However,these vehicles must be identified with the name of the company or organization operating it. 9.3 Ground Support Equipment a. All ground support equipment(GSE) accessing or parking in the bag room and under any covered part of the terminal and concourses,except tug tunnels,must be electric powered. b. Electric Ground Service Equipment(EGSE),including without limitation baggage tugs,belt loaders,pushback tractors, or any other EGSE,must: 1) Have lithium-ion or lead acid batteries,Battery Monitor,and Identifier Modules(BMIDs)installed and; 2) Pass a safety inspection conducted by Airport Operations or designee prior to being put into service and annually thereafter. C. Equipment charged in the bag room must have a non-emitting lithium-ion battery. All other battery types must be charged outdoors. d. Equipment charged under any covered part of the terminal and concourses should have lithium-ion batteries,but current fire suppression systems allow for charging of equipment with lead acid batteries. 1) The preferred locations for charging equipment with lead acid batteries are external uncovered charging stations. 67 e. All equipment that is identified for use in the bag room is subject to inspections by Airport Operations or designee prior to being put into service and annually thereafter to ensure proper battery type. Additional information about the inspection process may be found in the EGSE Inspection Procedures document. f. In accordance with the Salt Lake City International Airport Airline Use Agreement(AUA), all GSE must transition to EGSE by June 30,2023. 1) All EGSE equipment put into service(either new or transferred)at SLC after January 1,2024,must have a lithium-ion battery. Lithium-ion batteries must also be used when replacing batteries in existing EGSE that can access and/or charge in the bag room. 9.4 Vehicle and Equipment Washing, Cleaning and Maintenance a. Tenant owned vehicles and equipment are required to be washed,rinsed and maintained in a manner consistent with environmental regulations. Therefore, cleaning and maintaining vehicles and equipment is allowed only in facilities designated by the SLCDA for these purposes. A tenant must have the SLCDA's approval prior to the installation and operation of alternative facilities. b. Putting a solvent, detergent or other cleaning substance on a vehicle or piece of equipment and then taking it to a rinsing area is prohibited. C. Contractors may construct temporary facilities to rinse vehicles prior to leaving the Airport if such rinsing is to reduce fugitive dust emissions. This type of facility and those used to rinse ready mix concrete trucks require the approval and monitoring of the SLCDA. d. The SLCDA reserves the right to suspend vehicle or equipment rinsing. e. Vehicle and equipment maintenance must be conducted in areas equipped to capture any fluids that may be released. Under no circumstance is maintenance to be done over soil, storm drains or unprotected asphalt. f. Materials and waste generated by vehicle and equipment maintenance shall immediately be removed from the area and disposed of in an environmentally protective manner. g. Temporary maintenance sites require the prior approval from the SLCDA and will be monitored. 9.5 Terminal Area a. Anyone operating equipment or vehicles within the passenger terminal building area will abide by all posted speed regulations in these areas with the exception of emergency vehicles responding to an incident. b. Anyone operating equipment prior to entering into or exiting from any area where vision is impaired, shall bring the equipment to a complete stop and verify that it is safe to proceed before continuing. 68 C. All vehicles operated in the terminal building shall be maintained in good condition at all times and be free of oil and gas leaks. Battery-type vehicles shall be recharged in well-ventilated areas designated by Airport Operations. Each operator shall keep areas clean of vehicle liquid spills. d. Permanent parking of internal combustion engine-driven vehicles is prohibited in any of the terminal buildings. Storage of surplus or infrequently used vehicles is prohibited. The parking of tugs or towing vehicles while baggage carts are loaded is permitted. This regulation is not intended to prohibit the normal operation of airline baggage handling. e. Vehicle parking under the Terminal and Concourses is prohibited except for approved EGSE. 9.6 Air Operations Area a. All vehicles operating on the AOA must display clear identification as to the company,tenant, or contractor with which they are affiliated. b. Vehicle operators shall always yield the right-of-way to aircraft, emergency vehicles(or equipment)and pedestrians. Vehicles shall not be driven under passenger loading bridges. C. Vehicles shall not be operated in such a manner or within such proximity of an aircraft as to create a hazard or interfere with the safe operation of the aircraft. d. Prior to operating vehicles on the AOA,all vehicles' operators shall attend and pass the Airport Basic Drivers Training Program. e. The SLCDA may restrict vehicles to a certain portion or segment of the AOA. Such restrictions shall prohibit vehicle operations outside designated areas. f. Non-essential vehicles,as determined by Airport Operations,will be restricted from the AOA while the Airport is operating under 600 feet RVR SMGCS conditions. 9.7 Aircraft Movement Area a. No vehicles(including refueling vehicles) are permitted on runways and taxiways without specific approval from the SLCDA and ATC. b. All vehicle operators with approval for unescorted access into the movement area must successfully complete the Airport's Movement Area Drivers' Training program(Red Badge Training). C. All vehicles and equipment operators and personnel shall obtain clearance from ATC prior to entering the movement area and shall comply with instructions issued while on the movement area. d. Upon receiving clearance,vehicle operators shall ensure that no aircraft is approaching before entering the movement area. 69 C. All vehicles operating in the movement area shall be equipped with a functioning two-way radio capable of communicating with the ATC. All other vehicles require a SLCDA escort. f. In the event a vehicle in the movement area experiences radio failure,the vehicle must vacate the area utilizing perimeter roads or other non-controlled routes. If exit via non-controlled route is not possible,the vehicle operator shall indicate radio failure by facing the vehicle towards the FAA control tower and flashing the vehicle's headlights. Thereafter,the vehicle operator shall operate the vehicle in accordance with the standard colored light signal directions given by ATC. The operator can request to be escorted out of the movement area by contacting Airport Operations via radio or cell phone. g. Evidence of valid title or current rental or lease agreement for the vehicle shall be kept in the vehicle and available for inspection. 9.8 Safety Enforcement Policy a. Scope/Purpose: This policy identifies safety violations on the Airport Operations Area(AOA),assigns progressive points based on the severity of the violation, and provides corrective actions for ID badge holders who have multiple or severe violations. This policy applies to all individuals who have an airport issued ID badge. The points will accumulate on an individual's record over a rolling 24- month period. Offenders will receive progressively stronger penalties as they reach certain point thresholds. Driving a vehicle on the SLCDA AOA is only offered to individuals on an as needed basis and is not a right. This policy provides a process to increase the safety on the AOA through identifying unacceptable and unsafe behavior. It allows SLCDA Operations a method to track violations and provides an opportunity for the Airport to correct these individual hazardous and unsafe behaviors. b. Assigning and Tracking Points: Violations will be reported to SLCDA Control Center. The Control Center will look up the offender's record to identify previous violations and points accrued within the accumulation window. The points and previous offenses will be reported to the individual issuing the citation and that individual will take the appropriate actions for the situation. Control Center staff will log the new citation and assign the appropriate amount of points to the offender's record. C. Notifications: Violation reports will be tallied on a weekly basis. Tenant representatives will be sent information on their employees' violations. Tenant representatives will also be sent statistics on overall violations—without employee information—to show trends throughout the airport. It is the tenant's responsibility to identify and provide the airport with the contact information of the representatives to receive the reports. d. Appeal Process: A person who has had his/her Airport ID badge revoked may request an appeal within 7 days of the revocation. The request must be in writing and submitted to the Airport Security Coordinator(ASC)in the Airport Access 70 Control office no later than 7 days from the revocation. The ASC will forward the appeal request to the Airport Operations Manager to manage the appeal process.An ID badge revocation review panel of three SLCDA representatives will evaluate the facts and rule on the appeal. The Executive Director,or her/his designee,will head the panel and select the two panel representatives. The panel will review the appeal and issue a decision within 14 days of the request. e. Point Thresholds and Penalties: 4 points: Remedial training within 7 calendar days of offense 6 points: One day(24 hours) suspension of airport issued ID badge 9 points: Three-day(72 hours) suspension of airport issued ID badge 12 points: Revocation of Airport-issued ID badge. The person may request an appeal by submitting a written request within 7 days of the violation. A person who has had an ID badge revoked and has either declined to appeal or who has had the revocation upheld on the appeal,may not apply for an Airport ID badge for two years. f. Offenses and Associated Points: Offense Description Points Physical impairment Confirmation of positive test drug/alcohol through 12 SLCPD Airport Division. Runway incursions Any unauthorized intrusion onto a runway or within 9 the runway safety area Walking across aircraft Walking across an active runway or taxiway without 6 movement areas(AMA) proper clearance Taxiway incursions Any unauthorized intrusion onto a taxiway or within 6 the taxiway safety area Impeding the path of taxiing or towed aircraft(cut- off)or blocking the path with parked equipment,tugs, materials or vehicles. This includes parking Cutting off/blocking equipment/vehicles in a taxilane/taxiway object free aircraft area. The number of points will be determined, in 4-6 SLCDA's sole discretion,depending upon the severity of the infraction. Severe infractions include aircraft flight crews or operators initiating hard braking or evasive maneuvers to prevent an accident. Failure to report Leaving the scene of an accident without reporting it 4 accident to Airport Control Center Height restrictions Driving vehicle under passenger boarding bridges and 4 other height restricted areas 71 Music devices and/or speakers are not allowed to be Music devices/speakers broadcast in any location inside any bag room 2 (inbound or outbound) or within the AOA. Failure to obtain proper authorization from ATCT or Not following Delta Ramp Tower prior to an operation requiring ATCT/Ramp Tower such authorization.All personnel conducting 4 instructions operations on the AMA and Ramp Tower Area must be properly trained. Operation of a vehicle in a manner which could cause Reckless driving harm or injury to persons or property and/or 4 excessive speed Smoking Smoking within the AOA 4 Texting or use of cell phones while driving a vehicle Texting/cell phones/ on the AOA is prohibited(some operational need electronic devices- may be exempt). Music players,the use of 4 distracted driving earphones/headphones,and other electronic devices are prohibited while on the AOA. Walking across non Walking across taxilane(concourse to concourse or 3 movement areas hardstand to hardstand)without authorization Not yielding right of Failure to yield right-of-way to responding way to emergency 3 vehicles emergency vehicles. Riding bikes, scooters, skates, skateboards, or other Bikes, skates, unauthorized mode of transportation on the AOA, in 2 skateboards the terminal,in the parking garage,or on sidewalks in front of terminal Charging equipment in bag room,under concourse,or Charging equipment indoors that are not using non-emitting lithium-ion 2 indoors batteries. All other battery types must be charged outdoors. Chocking and brakes Failure to properly prevent wheeled vehicles and 2 equipment from rolling when parked. Conducting operation Operating a vehicle on the AOA with a suspended or without proper license, revoked driver's license; towing aircraft without 2 certification, or proper certification; and operating a vehicle on authorization Limited Access Routes without authorization Gas-powered vehicles Operating a gas-powered vehicle in an area deemed 2 in restricted areas EGSE access only. General safety violations Horseplay,or other unsafe behavior not associated 2 with work 72 Headlights Driving at night or in inclement weather without head 2 lights Crossing a designated vehicle roadway without using Jaywalking 2 a recognized crosswalk Failure to obey lawful signals of SLCDA employees Not obeying signs, or comply with posted signs,markings,or traffic 2 markings, instructions signals. This includes not driving within the roadway markings on the ramp. Seatbelt use Not using the seatbelt/restraint system or other safety 2 equipment on a vehicle equipped with these items Driving over the recognized speed limit,or driving at Speeding 2 unsafe speeds for the driving conditions Towing/safe loads Exceeding authorized tow limits,number of 2 conveyances(5 or less),and unsafe loads. Exceeding the vehicle or equipment's designed Unauthorized passengers passenger capacity. Passengers must have a seat and 2 seatbelt if seatbelts are installed on equipment/vehicle. Failure to wear a company issued high visibility vest High-visibility or garment when outside a vehicle,outside designated vests/clothing walkways/crosswalks,or beyond 50 feet of a building 2 or structure while working on the AOA,AMA or ramp areas. Courteous and Disrespecting or not showing courtesy to individuals Respectful Behavior enforcing airport rules and regulations, security 1-3 standards,or other airport compliance standards Creating FOD hazard by not picking up FOD,leaving FOD dumpster lid open,leaving wildlife attractant,or other 1 FOD producing activity Improper parking of vehicles or equipment around Parkin aircraft parking gates/areas. Staging or storing ground 1 g support equipment or vehicles in unauthorized areas/ designated no parking areas 9.9 Vehicle Maintenance Except for minor repairs that are necessary to remove such vehicle(s) from the Airport, and except as expressly provided otherwise in an agreement with SLCDA,private vehicles shall not be cleaned or maintained anywhere on the Airport. Vehicles operated by commercial operators or lessees shall be cleaned or maintained only in areas designated by the SLCDA. 73 9.10 Operator Licensing and Permits a. Vehicle operators must have a valid Utah vehicle operator's license of the class needed for the vehicle being operated and evidence of insurance (as required by state law and the SLCDA)to operate a vehicle on the Airport. b. Evidence of valid title or current rental or lease agreement for the vehicle shall be kept in the vehicle and available for inspection. C. No Person shall operate a vehicle or motorized equipment in the restricted areas of the Airport without a SLCDA identification badge and other such authorization as may be required. 9.11 Parking and Standing a. Vehicles shall be parked only in those areas designated for such purpose. b. Vehicles shall not be parked or stopped: 1) In such a manner so as to obstruct a parking lot,driveway,road,walk, crosswalk,fire lane,runway,taxiway,taxilane,etc. They cannot obstruct access to hangars,parked aircraft or other vehicles. 2) In any space marked for parking in such a manner that the vehicle occupies more than one marked space 3) Within a bus stop,taxicab,or commercial vehicle zone(except for vehicles authorized by the SLCDA to use such areas) 4) On the side of a road or within four feet of either side of a security fence 5) On the road side of any stopped or parked vehicle(double parking) 6) Within 15 feet of a fire hydrant or within a fire lane or restricting the access to or from the fire lane C. Service vehicles (including utility company,government owned,delivery, etc.) shall park in specially reserved and marked areas or areas designated for such purpose. d. Automobiles,motorcycles,boats,jet skis, snowmobiles,dune buggies,race cars, recreational vehicles,trailers, etc.,may not be abandoned, stored or improperly parked on Airport property. e. Vehicles that have been abandoned,stored or improperly parked on Airport property are subject to impoundment. f. Tenant employee parking regulations are outlined in the Airport Use Agreement. 74 9.12 Impoundment of Motor Vehicles No vehicle shall be impounded from a public roadway except under the direction and coordination of SLCPD Airport Division and Airport Operations. When an unattended vehicle is impounded because it is used in violation of a traffic code, a traffic violation ticket must first be attached to such vehicle. In all other cases where the SLCPD Airport Division has ordered a vehicle to be held for investigative, evidentiary, or other purposes, the officer must attach to each impounded vehicle an impounding ticket, signed by the towing contractor as a witness,indicating the reason for impounding,the location from which it is removed and the time of removal. Vehicles may be impounded from areas off the public roads in accordance with state law. 10. TERMINAL OPERATIONS 10.1 General Conduct No person shall ride,walk,sit,or stand on a baggage conveyor system(or any part thereof). Escalators are intended for the safe transport of passengers and baggage. Skycap baggage dollies, freight, strollers,wheelchairs,oversize baggage and furniture shall not be taken on escalators. Elevators are provided for transporting these and similar items. Children shall not be left unattended or allowed to play on escalators, elevators, or baggage devices. 10.2 Terminal Maintenance a. The responsibility for the upkeep and maintenance of leased space at the Airport is outlined in each lease agreement in effect between the responsible tenant and SLCDA. b. If SLCDA responds to a maintenance emergency involving a tenant's leased space,the tenant or operator will be billed for the labor and other associated costs incurred. 10.3 Trash Disposal and Recycling a. All tenants are required to properly handle,recycle, and dispose of their own refuse in the Terminal,unless otherwise stated in the tenant's lease agreement. Tenants shall refer to their lease agreements for further details. Tenant employees are required to have SIDA badges to access refuse disposal and recycling containers. b. Food and beverage concession facilities must install and maintain used cooking oil liquid grease removal equipment for extracting used cooking oil to be pumped to designated collection containers on the ramp. Concessionaires are solely responsible for all costs associated with the interception, collection, and appropriate disposal of fats,oils, and grease generated by their operations on the premises, and for compliance with all related laws. Residual fats, oils and grease that cannot be effectively collected and disposed of in the restaurant, and end up in a grease waste line,will be collected in grease waste interceptors located underground on the ramp. The SLCDA will contract for cleaning and 75 maintenance of all grease interceptors and bill concessionaires proportionally for the ongoing expense. Costs associated with the buildup of grease in any plumbing fixture or pipe that exits a restaurant will be the responsibility of the concession tenant. Any attempts to move cooking oil and/or grease through the facilities is strongly discouraged. If a grease spill occurs,the concessionaire is required to immediately report the spill to the SLCDA's Commercial Manager and Environmental Specialist. Concessionaires will be billed for all clean-up costs incurred by the SLCDA for cleaning up grease spills. The SLCDA has the specific right to conduct inspections,without notice, of all food and beverage grease interception,collection and transport systems and equipment to ensure that the required level of maintenance is being provided. The results of these inspections will be provided to the concessionaires in writing. Subject to the notice requirement set forth below,if the SLCDA determines that a concessionaire is not adequately maintaining its grease interception and collection systems and equipment,the SLCDA will have the right to hire a third party to undertake the maintenance and repair of concessionaire's grease interception and collection systems and equipment, at concessionaire's sole cost, for the remainder of the concessionaire's lease term. Notwithstanding the foregoing,the SLCDA will provide up to 2 written notices in any year to a concessionaire,with a time for cure,before it may exercise its option to contract with a third party to perform maintenance of concessionaire's grease interception and collection systems and equipment. The SLCDA also reserves the right to recover the cost of repair or maintenance of its grease waste, sanitary waste, sanitary sewer and other facility systems that are damaged or adversely impacted by a concessionaire's failure to properly maintain its equipment or properly dispose of fats,oils, or grease as required above. C. Recycling Program 1) The SLCDA maintains a centrally located solid waste and cardboard recycling center with trash and recycling. Refuse from tenant operations, deliveries, and storage areas shall be contained in a designated area. Tenant managers will advise employees on how,where, and what to recycle to ensure compliance with the SLCDA recycling program. Temporary storage or disposal of refuse in places other than the designated solid waste and recycling bins is not permitted. Placing recyclable materials into waste compactors bound for the landfill is prohibited. Dumping of boxes,pallets,or other materials,particularly in or near storage rooms and access hallways, is considered a life and safety hazard, and is prohibited. 2) It is the responsibility of the tenant to store and dispose of oversize items that cannot be disposed of or recycled using the standard containers provided by the SLCDA. The SLCDA may occasionally host special events to collect, salvage and recycle items that cannot be easily placed into the compactor or recycling containers. Tenants will be alerted to these events. 76 3) For questions and/or information about recycling, call the SLCDA's Environmental Programs Manager. 10.4 Concession and Service Privileges The SLCDA will develop concession solicitations, agreements and practices that result in a customer service-oriented environment providing variety and quality products and services to customers. Contracts will be granted on a competitive,non-exclusive basis. Lease terms will typically be awarded on a five-to-ten-year basis. The SLCDA has established an Airport Concession Disadvantaged Business Enterprise (ACDBE)program in accordance with regulations of the U.S. Department of Transportation(USDOT),49 CFR Part 23. It is the policy of the SLCDA to ensure that ACDBEs,as defined in Part 23,have an equal opportunity to participate in concession opportunities. A complete DBE Policy Statement is available on the Airport's website. To ensure that Airport concession facilities are built and maintained to appropriate standards, concessionaires will be required to invest minimum amounts as part of the solicitation process. The investment will,whenever practical,be depreciated by the concessionaire over the agreement term. Improvement buy-outs,either by the SLCDA or by a successor concessionaire,will be limited. 10.5 Concessions Hours of Operation and Conduct Concessionaires requiring a temporary closure of their concession for audit, store remodeling,maintenance work, inventory,or other purposes,must advise the SLCDA in writing,at least 3 days in advance of the closure and receive the SLCDA's approval. This written notice should include the proposed date for closure and purpose of the closure,as well as the specific date set for re-opening. If closure is approved by the SLCDA,a professionally produced sign must be placed in public view advising Airport customers of the closure and the date for re-opening. Retail and food and beverage concessions are expected to be open at all times during the designated hours specified in the lease. Concessionaires should make every effort to be open on time and stay open during inclement weather,or other emergency situations,in order to provide services to the traveling public,especially if delayed flights are involved. If concession operations call for closure or curtailment of hours because of an emergency, strike,lockout, or other cause,notification of such an event should be made immediately to the SLCDA Control Center at 801-575-2401. The SLCDA maintains high standards for its own employees and encourages concessionaires to employ personnel eager to assume a high standard of service to the public. Employees are expected to be courteous at all times and shall refrain from acting in a loud,boisterous,or otherwise improper manner. Concessionaires are encouraged to include extensive customer service training for employees,as well as a thorough orientation of the Airport, so that employees can correctly answer Airport customer questions regarding Airport facilities,directions,etc. Complaints received by the SLCDA concerning a concessionaire's employee or employees will be forwarded to concessionaire for response. The concessionaire will respond in a timely and appropriate 77 manner in coordination with the SLCDA. Appropriate dress, grooming and hygiene are required of all employees who serve the public. 10.6 Vending Machines Vending machines may exist in Airport public areas and may be available to the public and employees. Tenants desiring to install vending machines within their leased space may do so with the SLCDA approval. Tenants are responsible for ensuring that the machines are removed from the premises when vacating them and for any utility upgrades or improvements that may be necessary for the installation of such machines. All vending deliveries must be made to the CRDC. 10.7 Decorations Tenants are not permitted to install decorations in the public area. Any exceptions to be considered shall be made with a written request to the SLCDA's Tenant Relations Coordinator. At a minimum,all decorations shall be either fire retardant or treated with fire retardant. Decorations must be placed safely and in accordance with all fire prevention practices. Decorative lighting shall conform to uniform fire and electrical code requirements. Representatives of the Salt Lake City Fire Department will be available to review proposed decorations to determine if they comply with the requirements of the rules. 10.8 Advertising,Promotions, Signage a. The SLCDA maintains a separate advertising contract for advertising and promotional displays throughout the Airport. If an individual tenant is interested in advertising in the public areas of the terminals or on the concourses,the SLCDA's advertising concessionaire should be contacted directly regarding available spaces. Contact information for the SLCDA's advertising concessionaire can be obtained from the Commercial Manager and is posted on the Airport website. All other tenant advertising and promotion requests shall be made in writing to the Airport's Tenant Relations Coordinator. b. Individual concessionaires are encouraged to hold in-store promotions. Promotional displays or merchandise considered objectionable by the SLCDA must be taken down or removed upon notice from the Commercial Manager. Promotional material for concessionaire's other stores(e.g., flyers,brochures, posters etc.) are only allowed within their leased area(s),unless otherwise approved,in writing,by the SLCDA. C. Concessionaires are encouraged to creatively merchandise and display their products. Displays considered objectionable or not proprietary by the SLCDA must be taken down or removed upon written notice from the Commercial Manager. d. Airport customers should have clear access to merchandise. Access is defined as an individual's clear and unobstructed entry into and through the concession without barriers or obstacles. All concessionaires are required to comply with the Americans with Disabilities Act(ADA). 78 e. Concessionaires may use music systems in their leased space. Music must be licensed in accordance with the law. Volume levels should not be audible outside the concession at any time or compete with the Airport paging system,or other audio systems. f. Staffed exhibits or sales promotions are prohibited unless approved in writing by the SLCDA. g. Adhesive stickers and temporary and/or hand-written signage in the public areas of the Airport,unless approved by the Executive Director, are strictly prohibited. Unless authorized by the SLCDA in writing. Tenants shall not allow adhesive stickers,bumper stickers,and decals to be placed anywhere in tenant leased space. Labels for tenant inventory purposes on tenant-owned equipment must be placed out of public view. 10.9 Animals at the Airport or on Leased Property Animals within the terminals must be in a crate or kennel,or other approved container, except for the working law enforcement animals or service animals that are trained(or being trained)to assist people with disabilities. a. Injured Animals For assistance with injured or lost animals,please call the Airport Control Center at 801-575-2401. b. Domestic Animals and Animals in Transport With the exception of working law enforcement animals or service animals that are trained to assist people with disabilities,it is not acceptable for employees at the Airport to bring domestic animals to work. Airline personnel handling animals in transport should ensure that crates and/or carriers are properly secured,and under no circumstances should animals in transport be allowed out of the carrier on the Airfield. Animals should also not be left unattended in the crate or carrier. Carriers should be kept under close supervision and in climate- controlled environments. However,if an animal escapes from the crate or carrier, an immediate call to the Airport Control center is required. C. Relief Areas In accordance with federal regulation,the SLCDA provides animal relief areas for service animals that accompany passengers who are departing, connecting, or arriving at the Airport. The areas are located inside the concourses at various locations and are self-serve and accessible to all. It is recommended that only one animal and handler use the area at one time. Animal handlers/owners are responsible for the immediate removal and disposal of animal waste. d. Feeding Non-Domesticated Animals Feeding birds or other non-domesticated animals on Airport property or in the vicinity is not permitted. Wildlife are attracted to the presence of a food source, 79 which can be in the form of food waste not properly disposed of. It is imperative that tenants do not intentionally or unintentionally feed any wildlife present on or near the Air Operations Area. e. Pets including dogs, cats, fish and other domesticated animals are not permitted in offices or other areas leased from the Department of Airports. An exception is made for law enforcement and service animals. 10.10 Single Airline Contracted Wheelchair Provider For the benefit of the traveling public,efficiency of operations,and space requirement considerations,the SLCDA will permit only one contracted wheelchair provider for all airlines serving SLC. The sole provider shall be hired and managed by the airline consortium. Airlines desiring to use their own customer service employees for mobility impaired customers may use their internal staff and leased space to provide wheelchair services. 10.11 Electric Carts for Persons with Reduced Mobility a. Electric passenger carts are permitted for operation in the tunnel of the Terminal only. Carts shall be used by persons with reduced mobility or those requiring special assistance transiting the tunnel only. Cart use by individuals seeking to expedite their path through the tunnel or any other reason is prohibited. b. Carts may only be charged and used in approved areas as permitted in writing by the SLCDA. Carts shall not access any other area of the Terminal without the written permission of SLCDA. C. The procurement and operation of electric passenger carts shall be at the cost and expense of the airlines through their Airline Consortium. The Airline Consortium must contract with an experienced,insured, and properly permitted company to operate the carts. d. Pedestrians shall have the right of way at all times. Devices that announce the presence of carts are prohibited. e. Carts shall operate no faster than three(3)miles per hour,which is the average walking speed of a human. The carts must feature and operate using speed regulator/governor devices to limit the speed regardless if pedestrians are present or not. f. Use of electric carts by passengers shall be complimentary/free of charge at all times. g. Damage to the Airport due to the use of electric carts shall be billed to the responsible party. h. The Airline Consortium or Airline Consortium Vendor will be required to have an approved safety plan on file with Airport Operations; the safety plan will be reviewed at a minimum once a calendar year, after a significant event or change to plan, or when requested by Airport Operations. 80 i. The SLCDA may,at any time and with reasonable notice,prohibit the temporary or permanent use of electric carts in the Terminal in its sole discretion,which may be due to congestion in the tunnel related to passenger increases at the Airport,unsafe operation by cart operators,property damage,or injury to persons. 10.12 High Visibility Vests/Clothing All employees working on the AOA,AMA,or ramp areas are required to wear a company issued high visibility vest or garment when outside a vehicle,outside designated walkways/crosswalks,or beyond 50 feet of a building or structure. Special events approved by the SLCDA are exempt from this requirement. 10.13 Drug-Free Workplace In compliance with the Drug-Free Workplace Act of 1988, SLCDA prohibits the unlawful use, distribution,manufacture or possession of illegal drugs, alcohol or other controlled or mind-impairing substances,which affects or potentially affects the safety and welfare of others at the Salt Lake City International Airport. 11. TENANT RULES AND REGULATIONS 11.1 Landscaping Requirements Landscaping around Airport Facilities has the potential to attract hazardous wildlife. Wildlife Hazards related to landscaping,can be reduced by using plant varieties and spacing that is least desirable. Recommendations for landscaping include: a. Proper spacing between vegetation, as not to create cover for small mammals, and nesting birds. b. Not using vegetation types that produce fruit. C. Not using vegetation types with dense foliage that will create cover areas for roosting, and loafing birds. All tenant landscape alterations and/or improvements must conform to this plan. A copy of the Wildlife Hazard Management Plan can be obtained by contacting Airport Operations. 11.2 Tenant-to-Tenant Access Tenants will coordinate access to each other's space with each other. Those desiring access may be asked to park in an alternative area and be required to walk to the work area. The Airport Operations Division will assist tenants where disputes cannot be managed between them. 11.3 Tenant Accident and Incident Reporting Requirements Tenants must immediately report property damage,accidents,and incidents to the SLCDA via the Control Center at 801-575-2401, or 801-575-2911 in emergency 81 situations. Failure to report may result in enforceable action up to and including a class B misdemeanor citation. Those involved must remain at the scene of the reportable incident; immediately notify their supervisor; and follow company accident reporting guidelines.An SLCDA representative will respond to document the reportable event and complete a report. 11.4 Hangar and Fixed Base Operator Inspections It is the policy of the SLCDA to inspect aircraft storage hangars on a regular basis with sufficient notice to tenants. The SLCDA also reserves the right to conduct inspections of any hangar at any time to verify compliance with safety practices and lease requirements. Tenants will be officially notified of any violations discovered and will be given 30 days to correct the situation. 11.5 Ownership of Tenant Improvements Unless otherwise provided in a lease agreement,fixtures, installations,additions, alterations and improvements made by the tenant on Airport premises becomes the property of the SLCDA upon the termination or expiration of the tenant contract without compensation to the tenant. The tenant may remove trade fixtures and equipment as specified in the Tenant's agreement with the SLCDA provided that damage to the infrastructure that may occur in the process is immediately repaired. Tenants shall not remove or demolish, in whole or in part,any improvements to the premises without prior consent from the SLCDA. The SLCDA may require the tenant to replace whatever is removed. Tenants should refer to their Agreement with the SLCDA for other contract termination requirements. 11.6 Employee Parking Program Salt Lake City International Airport(SLCIA)Employee Parking Program(`the Program') provides active airport tenant or qualified SLCIA-based(`domiciled')employees the ability to park their vehicle in the designated employee parking lot for a monthly fee. SLCIA based airline crew employees that present a company letter,along with a company issued ID badge,indicating that the employee is domiciled at the SLCIA will be eligible for employee parking and pay the applicable parking rate. Qualified SLCIA Non-Domiciled employees may also utilize the designated employee parking lot. To be qualified,the non-domiciled employee will need to provide a company letter, along with a company issued ID badge, indicating they are an active employee with a tenant having current operations or a codeshare relationship with a tenant that with current operations at SLCIA Qualified non-domiciled employees will pay the established monthly non-domiciled parking rate. Rates are adjusted annually. Courtesy shuttle service is available in the employee parking lot 24 hours a day, 7 days a week. 82 a. Employee Parking Rules 1) Term. The term of a parking permit is monthly and is subject to policies and procedures promulgated by SLCDA,which may change from time to time, subject to Director's review. SLCDA has the right to modify the Rules and Regulations. 2) `First Come,First Served' Policy.All parking shall be on an unreserved, `first come, first served' basis, and no guarantee that parking will be available. 3) Access Card(Key Card).Employees will be issued a parking access card and will be solely responsible for maintaining and insuring proper use. The parking access card must be used upon entry and exit of the parking facility unless instructed differently by SLCDA or the parking provider. In the event parking access equipment is not working, employee may use the HELP button at the gate for assistance. 4) License to Park,Non-Transferable.A parking access card is issued to an employee as a license to park only; no bailment created. Employee is granted the parking permit to park one automobile at a time. Parking access cards are not transferable and intended solely for the use of the employee on the application. 5) Parking Time Limit.Each parking permit allows employees to park in a designated parking lot in a single stall. Long-term or commuter storage parking is prohibited. Those found in violation are subject to towing at the sole cost and expense of the employee. 6) Lost, Stolen,Damaged Key Cards. Lost, stolen,or damaged parking access cards must be reported to the parking provider immediately. A `service charge' for lost, stolen, or damaged parking access card of$25 will be assessed. 7) Assignment or Sub-Lease.Employee shall not assign or sub-lease any parking space. SLCDA may terminate an employee's parking permit in the event of any such assignment or sublease. 8) Cheating or Fraud.Cheating or fraud of any kind shall result in deactivation of parking access card and termination of parking permit. Parking privileges of employees discovered to be sharing a parking access card with others will be revoked. 9) Vehicle Piggybacking.Under no circumstances is piggybacking allowed at entry or exit of any employee parking facility. Piggybacking will result in termination of parking permit. 10) Airport Tenant Company Vehicles.Airport tenant company vehicles shall not be parked or stored in the employee lot. If any company owned, operated or leased vehicle is found parked or stored in any lot,the vehicle shall be cited and/or towed at owner's sole cost and expense. 83 11) Facility Closures. SLDIA reserves the right to temporarily close the facility,or certain areas therein,to perform necessary repairs, maintenance or improvements. SLCDA will post notice in the facility of such closures. SLCDA may conduct emergency closures without prior notification. 12) Repairs.Repairs and installations (including,but not limited to, windshield chip repairs,cell phone or stereo installation)are not permitted under any circumstances in SLCIA parking areas. 13) RVs/Oversized Vehicles.RVs, campers, oversized trucks,vehicles with trailer and limousines are not allowed to park in the employee lots. 14) Leaves of Absence. Employees must notify the parking provider 15 days prior to any leaves of absence to avoid billing. 15) Termination of Employment.Parking access cards must be surrendered to the parking provider once employment has been terminated. Access cards paid and directly provided by the employer must be returned to same employer upon termination of employment. 16) Bicycles. Bicycles must be operated in a responsible and courteous manner while in the parking lots. Riders should always use bicycle racks to protect property. Bicycles will be confiscated if parked in specifically prohibited parking areas or attached to or rested against fences,light poles or signage poles. No bicycle access is allowed through vehicle access gates. b. Parking Lot Regulations 1) Safety First.Employees shall use the parking facility in a manner not to endanger or cause a hazard, injury,or a safety issue to others and/or their vehicles. Anyone using parking facilities in a reckless manner will be cited and their parking privilege revoked. 2) Parking Stalls.Vehicles shall be parked within marked stalls. Compact stalls are for compact cars only. Parking in unmarked spaces is a violation and is subject to ticketing and towing at owner's expense. 3) Fire,Theft,Damage or Loss.Employees should lock their vehicles when parked at the employee lot. SLCDA and the parking provider shall not be responsible for fire,theft, damage to,or loss of, such vehicle or any items of personal property left therein. Employees shall indemnify and hold SLCDA harmless from and against all loss, damage and liability, including reasonable counsel fees and costs, from,pertaining to or related in any way to the presence or use of any vehicle or contents thereof in or about the subject parking facility. 4) Speed Limit and STOP Signs. Employees should observe the maximum speed limit(10 MPH)inside the parking lots and observe all STOP signs. 84 6) Handicap Parking.Usage of handicap stalls is strictly monitored by law enforcement and airport operations.Vehicles without proper handicap placard may be cited and/or towed at the owner's expense. 7) Oil Spills and Repairs. Employees will be responsible for cleanup of persistent excessive oil spills from individual vehicles parked in the lot. Employee is responsible for the cost of any repairs for damages incurred in the parking facility due to employee's negligence. 8) Electric Vehicle Charging. Electric vehicle charging stalls are to be used by electric vehicles only and while the vehicle is plugged in. 11.7 Storage or Placement of Equipment in Unauthorized Areas Storage of tenant-owned wheelchairs, signage, stanchions, or other equipment must be within the leased boundaries of said tenant or in an approved and designated area for such equipment. No person shall allow equipment to obstruct an emergency egress route or public right- of-way or otherwise hinder the functionality or operation of the space in question. 11.8 Satellite Dishes and Antennae All satellite dishes and antennae required for Tenant operations shall only be installed at the designated antenna farm locations in the terminal and concourses, or as otherwise permitted by the SLCDA. Individual antenna for Tenant spaces and operations outside of the antenna farm locations are prohibited. Tenants are prohibited from installing or allowing to be installed, equipment on the Airport roofs that is not reviewed and approved by the SLCDA in writing. 11.9 Central Receiving and Distribution Center a. All deliveries to the terminal and concourse areas of the Airport, including parcels via FedEx,UPS,LISPS, etc.,must occur through the Airport's CRDC located at 3619 West 510 North. This includes,but is not limited to, all concessionaire deliveries and returns to be processed back to vendors,vending machine deliveries,deliveries to airline leased spaces, and materials to be placed in the sterile areas of the airport. b. The SLCDA shall designate a third-party operator to manage the operation, maintenance, and coordination of CRDC operations with SLCDA tenants, and recover the cost of operations through relevant tenant agreements. C. Failure of tenants to use the CRDC may result in penalties,including default under associated permits and agreements. d. All goods and materials delivered to the CRDC will be unloaded, screened, inventoried, sorted, and delivered to the tenant's leased space at the Airport by the designated third-party operator as selected by SLCDA. 85 12. FIRE REGULATIONS Fire regulations at Salt Lake City International Airport are in accordance with,but not limited to, all federal, state,and local laws, standards,rules,regulations,policies,procedures, recommendations, and fire codes,etc. 12.1 General Provisions The Salt Lake City Fire Department conducts regular inspections of all tenant space, including storage areas,for the purpose of fire prevention and to ensure compliance with fire safety practices. An inspection report will be issued to the tenant after each inspection containing information relating to findings of non-compliance and/or recommendations by the inspector with a date of re-inspection to ensure that the required corrections have been completed. The tenant is responsible for responding with corrective action to items identified during the inspection that are within the tenant's premises,within the timeframe identified on the inspection report. The Salt Lake City Fire Department will work with the tenants to ensure compliance with the fire safety practices and codes. The Salt Lake City Fire Department levies pre-citation and business license renewals for non-compliance with fire code requirements. Tenants can report potential fire code problems, or concerns about fire safety to the Salt Lake City Fire Department. The Rules and Regulations shall not be construed as granting any form of exclusion from any fire codes and/or building codes. All fire codes and ordinances must be obeyed. 12.2 Hazardous Materials a. All tenants, shippers,individuals, and others,who handle, store,transport or use hazardous materials at Salt Lake City International Airport must comply with the applicable law, fire codes,and FAR 139 Title 49 of the Code of Federal Regulations. b. The SLCDA retains the right to limit or exclude any types, quantity or use of hazardous materials at the Airport. C. The SLCDA reserves the right to inspect all premises where any hazardous material is handled, stored,or used without limitation. 13. FIBER OPTIC INFRASTRUCTURE AND TELECOMMUNICATIONS Fiber optics and associated equipment and space will be regulated,managed,and monitored by the SLCDA. SLCDA owns and manages all conduit routes,cable trays, and raceway routing outside tenant's exclusive leased space. All authorized tenant cabling installations outside of leased space is for the sole use of said tenant. No sub-letting(with or without compensation)to other parties will be permitted without written authorization from the Executive Director. No tenant,lessee or other Airport user shall make any telecommunications modifications or connections of any nature within the Airport complex without prior written authorization from the 86 Executive Director. This directive also applies to the existence of equipment and facilities of any kind in telecommunications rooms,nodes or spaces. Airport telecommunications systems include,but are not limited to, all copper,coaxial, and fiber optic cabling, fiber optic backbone, station cabling and termination systems(wire line and/or wireless based),DSL,Local Area Networks(LAN),voice, data,video systems and elements owned and operated by SLCDA or its telecommunications operators and/or concessionaires. This directive applies to but is not limited to: fire alarm systems, security access systems,closed circuit television systems(CCTV), and the voice paging system,the public wireless network(Wi- Fi),the Parking and Revenue Control System(PARCS) and the Building Automation System (BAS). Tenants or others desiring to make wiring, cabling or any nature of telecommunications infrastructure changes/improvements must formally request permission and approval with a Tenant Work Permit from the SLCDA Administration and Commercial Services Division. 14. GROUND TRANSPORTATION 14.1 State and City Registration and Licensing All Ground Transportation Businesses must be registered by the State of Utah and licensed by the City. a. Businesses must register with the Utah Department of Commerce. Department of Commerce Heber Wells Building 160 East Broadway Salt Lake City,Utah 84111 801-530-6646 b. Businesses must obtain a Salt Lake City Business license. Salt Lake City Department of Business Licensing 451 South State Street#225 Salt Lake City,Utah 84111 801-535-6644 C. After completion of steps a. and b., above,Businesses must register with the Ground Transportation Department,where they will obtain a Ground Transportation Inspection Seal and AVI Tag. Finally, obtain Vehicle Operators Badges for all drivers from the Airport Badging Office. Salt Lake City Department of Airports Department of Ground Transportation 218 N 2200 W Salt Lake City,Utah 84116 801-908-7205 or 801-908-7204 87 Badging requirements are located on the Salt Lake City Airport website: www.slcajj:port.com/badging. d. All SLCDA Automated Vehicle Identification(AVI)Tags, Ground Transportation Inspection Seals and Operator or Starter badges are the property of the SLCDA and must be surrendered upon termination or demand by the SLCDA. e. All Ground Transportation Inspection Seals and SLCDA Vehicle Identification (AVI) Tags must be returned to the SLCDA by the company within 72 hours of the time a vehicle is retired from service or sold. f. Failure to return any Ground Transportation Inspection Seals and or SLCDA Vehicle Identification(AVI) Tags as required may result in a fee being assessed to the company to whom they were issued. g. Companies must notify the SLCDA of any Ground Transportation Inspection Seals or SLCDA Vehicle Identification(AVI)Tags found to be missing or stolen within 24 hours. 14.2 Fees No Person shall operate a Ground Transportation Business within the City without having paid fees as published by the Airport. Fees may be amended from time to time to reflect changes in recovery of SLCDA expenses and industry standards. 14.3 Ground Transportation Vehicle Requirements a. Minimum Vehicle Inspection Requirements 1) Vehicles must pass an annual state safety inspection as established by the State of Utah Department of Public Safety,under Utah State Code 41-1a- 205. 2) Exteriors of vehicles must be clean at all times. During periods of inclement weather,vehicles must be cleaned no later than 24 hours after the weather event has ended. 3) Vehicles,including bumpers and body molding,must be straight and aligned and free of all exterior damage,except for dents no larger than six inches (6") in diameter and rust spots no larger than one inch(I")in diameter. 4) All glass,excluding the windshield and mirrors shall be free of cracks and chips larger than one inch(1")in diameter or length. 5) Vehicle exterior paint shall be maintained in good condition and repair, with no faded, oxidized,or non-matching paint. 6) All vehicle wheels shall have matching wheel covers,or be equipped with matching custom wheels. 88 7) Engine and engine compartment shall be clean and free of uncontained combustible materials. 8) All fluid leaks shall be repaired immediately. 9) All parts affixed to the undercarriage of the vehicle shall be permanently affixed and in good repair. 10) Vehicle interiors shall be clean and sanitary, and free of dirt,oil,litter, or offensive odors; all seats and other interior surfaces shall be in good repair and free of tears, springs and sharp objects. All interior damage must be professionally repaired.All seats in the vehicle,including the driver seat,may not have a seat cover; dashboard covers may be used, but shall be professionally manufactured. 11) Vehicle trunks or luggage storage compartments shall at all times be maintained free of oil, dirt,debris and personal property, except for property belonging to a current passenger or property used by the driver in connection with operating a Ground Transportation Vehicle. 12) All equipment used for the ease,convenience or safety of drivers and passengers,including,but not limited to, signage,doors,windows, carpets,door and window handles, ashtrays,heaters,air conditioners, radios and seatbelts, shall be maintained at Original Equipment Manufacturers(OEM) standards,and in a good and operable condition. 13) Special Transportation Vehicles are subject to additional inspection requirements set forth in Salt Lake City Code Sections 5.71 and 5.76. b. Signage All Ground Transportation Vehicles with exterior signs or color schemes used for identifying purposes,whether such identifying information is placed on such vehicle voluntarily or in accordance with applicable ordinances or statutes, shall meet the following requirements: 1) Signs and other identifying information shall comply with all applicable ordinances or statutes. Sign designs must be submitted to the SLCDA for approval prior to be installed. Samples must be to scale and can be printed and dropped off, or a digital copy may be emailed. If at any time your company decides to change the look or style of the signage on your vehicle,you must submit the new design to the SLCDA for approval prior to install. 2) Signs shall be professionally produced by a sign shop and permanently affixed on both sides of the vehicle,and shall identify the name of the Authorized Ground Transportation Business as listed on their Salt Lake City Business License with which the vehicle is associated and other information as required by law. In cases of companies that operate vehicles for separate Business locations with the same name,the vehicle 89 signage shall include the location of the Business being served by each particular vehicle.No sign may be handwritten. 3) Lettering size and vehicle number shall be no smaller than two inches (2") in height. The color of the lettering shall be a high contrast with the background color and clearly visible from no less than twenty-five feet (25') away. 4) Signs and other identifying information shall be affixed on both sides of the vehicles only in one of the following locations: On the rear most window,the rear quarter panel above the tire and below the window or on the rear passenger door centered evenly on the door panel. The vehicle number must be on the rear of the vehicle above the bumper or on the rear window. 5) In lieu of a vehicle sign,vehicles may have a professionally designed, permanently affixed vehicle wrap. The vehicle wrap must display the name of the Authorized Ground Transportation Business as listed on their Salt Lake City Business License with which the vehicles is associated and other information as required by law on both sides of the vehicle,as well as the vehicle number on the rear of the vehicle. Lettering size and Vehicle number shall be no smaller than two inches (2")in height. The color of the lettering must contract with the background of the wrap color and clearly visible from no less than twenty-five feet(25'). 6) All vehicles shall be properly and adequately numbered and identified in conformance with this chapter and other applicable statutes and ordinances. Identifying signage shall be kept in good repair. Missing or chipped letters and/or numbers,faded colors must be repaired immediately. C. Non-Registered Interstate Bus Operator Temporary Permit Every Non-Registered Interstate Bus operating at the airport on a temporary basis must purchase a Non-Registered Interstate Bus Operator Temporary Permit upon the terms,for the time(s)the vehicle is operated upon Airport property, and in the amounts set forth in the permit. 1) All Non-Registered Interstate Bus Operators must load and unload passengers on the Purple curbs of the Airport drop off lanes,or in locations as directed by Airport personnel. Operators must follow all directions given by airport staff. 2) Operators must remain with their vehicle at all times. 3) All Non-Registered Interstate Bus Operators will be required to purchase an Airport Non-Registered Interstate Bus Operator Temporary Permit under the terms, amounts,and times necessary to provide the needed services. 90 14.4 Drivers and Starters a. All persons operating a Ground Transportation Vehicle must have a valid Vehicle Operators Badge issued by the SLCDA. Applications for a Vehicle Operators Badge may be made to the Salt Lake City Department of Airports Badging Office during business hours. Application forms and requirements are available at the office or online at: www.slcairport.com/badging. b. Appeals Requests for an appeal of revocation, suspension,fees,signage or denial of renewal of an operator's badge,AVI tag or inspection seal. 1) Request for an appeal may be dropped off at the Ground Transportation office or mailed and must be made in writing to the Director of Operations at: Salt Lake City Department of Airports Department of Ground Transportation 218 N 2200 W Salt Lake City,Utah 84116 2) The request must state the following: a) Whether applicant desires an expedited appeal,which shall be reviewed by the Director of Operations on an expedited basis or whether applicant desires to appeal directly to the Ground Transportation Appeal Committee; b) Reasons why the Applicant believes he or she has complied with the applicable requirements. c) Reasons why the SLCDA's action is in error. 3) The appellant must file the request for appeal within fourteen(14) calendar days from the date the SLCDA takes the action being contested. The Ground Transportation Appeals Committee will only consider an appeal which is properly and timely filed. 4) If appellant requests an expedited appeal,the SLCDA shall investigate the facts and the Director of Operations shall issue a written decision to appellant within 3 business days of the receipt of the request for appeal that meets the requirements set forth herein. If the Director of Operations does not reverse the action that is the subject of the appeal,the Director of Operations shall impanel a Ground Transportation Appeals Committee within 3 business days of the decision not to reverse the action. 5) If appellant requests an appeal directly to the Ground Transportation Appeals Committee or if a Ground Transportation Appeals Committee is impaneled as set forth in paragraph D, above,the following procedures shall be followed: 91 a) Within five(5)days from receipt of a request for appeal,the Director of Operations shall impanel a Ground Transportation Appeals Committee that consists of three(3)persons selected by the Director of Operations to hear the specific appeal. The Ground Transportation Appeals Committee will set a hearing date which will allow it to hear the matter in a reasonable time frame. b) Appellant may appear in person before the Ground Transportation Appeals Committee designated to hear the appeal and may be represented by a person of his or her choice, confront any witness whose testimony is to be considered,and examine the evidence the committee will consider in making its decision. c) The Ground Transportation Appeals Committee shall hear the appeal and determine whether the appellant has shown by a preponderance of the evidence that the action being appealed was erroneous and should be reversed. The Ground Transportation Appeals Committee may not take action beyond a determination whether to uphold or reverse the action that is the subject of the appeal. d) The Ground Transportation Appeals Committee is not required to follow the Utah Rules of Civil Procedure or the Utah Rules of Evidence. e) The hearing will be open to the public and recorded. The Ground Transportation Appeals Committee may close a hearing if it complies with the Utah Open and Public Meetings Act. f) The decision of the Ground Transportation Appeals Committee shall be filed no later than five(5)days after the date of the hearing. g) The decision of the Ground Transportation Appeals Committee is the final internal appeal in the City. h) All petitions for an exemption or waiver for seal or signage requirements,must be made in writing and dropped off or mailed to the SLCDA at the address listed above. The Director of Operations will review the petition and provide a written decision to the petitioner within a reasonable amount of time. 14.5 Appearance Standards for Drivers and Starters Drivers of Ground Transportation Vehicles and Starters representing commercial Ground Transportation Businesses within the city and at the airport shall adhere to the following standards when they are in an operating capacity. a. Clothing and uniforms standards must be industry accepted business casual or greater. 92 b. Must wear enclosed shoes or boots with heals that do not exceed one inch(1") in height. C. Dress sandals or slip-on shoes are permissible, flip flop style sandals or open back footwear will not be permitted. d. Must maintain hair,beards or mustaches in a clean and groomed condition. e. Must maintain clothes in a clean and repaired condition. Clothing shall be free of stains,rips or tares. f. Must be free from offensive odor. g. Must at all times display the SLCDA issued Vehicle Operators Badge. 14.6 Behavior and Conduct Standards for Drivers and Starters The drivers of Ground Transportation Vehicles and Starters representing commercial Ground Transportation Businesses within the city shall adhere to the following standards of conduct: a. Drivers and Starters shall refrain from conduct, language and behavior that is insulting,offensive,threatening, disruptive or disturbing to passengers or others. b. Within the constraints of operations as outlined in ordinance,when Ground Transportation Vehicles are available for transport, drivers shall provide transportation to paying passengers and their property. C. Drivers must immediately follow all directions and instructions given by Starters and Airport staff. d. The On-Demand program is to be managed by the SLCDA and operated by the Starters under the SLCDA's guidance. Under no circumstances should drivers attempt to operate outside of the guidelines and instruction provided by the SLCDA or Starters. e. Drivers and Starters shall obey all applicable rules,regulations,laws and ordinances, and shall maintain all appropriate licenses. f. Drivers shall not carry animals or nonpaying riders while transporting passengers in their vehicles,except that by the request of a passenger,drivers may carry service animals or animals enclosed in a carrier or other enclosure. Drivers may carry nonpaying passengers when so requested by driver's employer for training or other job-related purposes. g. Drivers shall transport any paying passengers who present themselves for transport and shall offer reasonable assistance to such passengers, except that if a passenger must be lifted into the vehicle, or the vehicle will not properly accommodate the passenger's needs,the driver may request the passenger to contact a Special Transportation Vehicle. 93 h. Drivers shall furnish a receipt for payment of a fare,which includes the name and contact information of the Authorized Ground Transportation Business the vehicle is operating under,the date,time,and amount charged. i. Drivers shall follow any transportation routes predetermined by the driver's employer, or if such routes are not predetermined, drivers shall either take the shortest reasonable route to a destination or shall follow a specific route requested by a passenger. j. At terminals of transportation, Starters or other Ground Transportation Company employees may only solicit for business at locations approved by the Director of Operations. k. Persons providing meet and greet services must be employees of a licensed Authorized Ground Transportation Business and have with them the name of the passenger or group being met. This information must be provided to any SLCDA official requesting it. Representatives of Ground Transportation Businesses must not solicit any passengers other than those they are scheduled to meet. Meet and greet services must be conducted in a manner that will not obstruct the normal flow of pedestrian traffic. 1. Handheld signs must have the name of the passenger,group,or company being met and may not exceed twenty-four inches wide or eighteen inches in height. Signs must meet standards of professionalism accepted in the industry. For example: black board with attachable lettering/white board with company name attached and with the ability to write in the passenger or group name below/ paper signs must be computer generated or professionally produced and may not be handwritten. In. Representatives of Ground Transportation Businesses must not engage a passenger who is in the process of speaking to another Ground Transportation Business's representative and may address the traveling public only when approached. The practice of calling out to potential passengers to draw them to the representative's location is strictly prohibited. 14.7 Airport Commercial Ground Transportation Operations a. General Requirements 1) No vehicle for hire shall load or unload passengers at the Airport in any place other than that designated by the Director of Operations. may park in the Airport parking garage to greet passengers in the terminal buildings and to load/unload passengers. Drivers of companies using this option are subject to all parking and other Airport fees. Ground Transportation Desk tenants may load in areas assigned by the SLCDA. 2) Placing,throwing, or dropping of waste,refuse,or rubbish upon any taxi or bus stand,roadway, street, or adjacent sidewalk thereto is strictly forbidden. 3) Ground transportation employees shall refrain from feeding birds and other animals within a 5-mile radius of the Airport. 94 4) The owners or operators of all vehicles for hire,their employees, invitees,and those doing business with them shall conduct themselves in a professional,orderly and proper manner at all times. 5) No owner or operator of a vehicle for hire or any person at any time, while on the Airport,by words, gestures, or otherwise shall solicit, persuade,or urge any person to use or hire any vehicle for hire or other means of transportation or conveyance at the Airport. 6) Any driver of a vehicle for hire who violates any of these Rules and Regulations shall be subject to immediate expulsion from the Airport and will not be allowed to re-enter the Airport without the permission of the Director of Operations.Also, such driver's Vehicle Operators Badge or Starters Badge may be revoked and/or the driver's permission to operate a Ground Transportation Vehicle with the City. 7) Any Ground Transportation Business failing to comply with these Rules and Regulations or which permits,encourages,or allows any of its representatives to violate these Rules and Regulations shall be subject to exclusion from the Airport and/or City, cancellation of the permit to operate on the Airport and confiscation of all Airport or City owned property. 8) Ground Transportation Businesses shall render all possible cooperation with the SLCDA in enforcing Salt Lake City Code and these Rules and Regulations. 9) Special needs requests will be accommodated, if possible and need to be pre-arranged with a Terminal and Landside Operations Supervisor at 801-647-5159. b. Commercial Lanes 1) Authorized Ground Transportation Businesses must use the Airport commercial lanes unless otherwise directed by the SLCDA. 2) Drivers must remain with vehicles at all times. Signs and markings must be strictly obeyed. Loading and unloading must take place in designated areas.No loading or unloading of passengers shall be conducted in a through lane.All vehicles must use areas along the commercial lanes that correspond to the following-colored zones: Red Department of Airports Buses only—Load Yellow On Demand Vehicles only-Load Orange Hotel/Courtesy Shuttles Load/Unload Purple Interstate Bus Operations Load/Unload Blue Ride Sharing Green Desk Tenants 3) Double parking is prohibited in all areas at all times. Vehicles must be parked parallel to the curb,providing a through lane at all times.All 95 loading and unloading must take place on the curb or in designated areas. Vehicles may not load or unload on a crosswalk. C. Ground Transportation Staging Lot(s) 1) Unless otherwise approved by the SLCDA,the Ground Transportation Staging Lot(s) are the only locations that Ground Transportation Vehicles may park prior to passenger pick up. 2) Ground Transportation Vehicles are to wait in the Staging Lot(s),and proceed to the commercial lanes or other authorized areas only when customers are ready to actively load or unload. 3) The SLCDA may designate areas.Authorized Ground Transportation Businesses may use these areas as directed by the SLCDA. Vchicics must only stage in area(s)approved by the SLCDA. 4) Persons using the Staging Lot(s)or other areas of the Airport will leave the area(s)clean and shall not be disruptive or abusive to other users. 5) The Staging Lot(s)are designed for short-term use. Staging in these areas is limited to one hour,unless posted otherwise. 6) Drivers must park vehicles in designated parking stalls only. Each Authorized Ground Transportation Business shall have equal access to the parking locations.All parking stalls may be used by one such Business. However,each time a vehicle of another authorized user arrives,the operator with the most vehicles in the parking area must relocate one vehicle to make room for the other user(s). This procedure shall be followed until all parking spaces are filled. 7) Fees may be established and charged for the use of Staging Lot(s)or other areas of the Airport grounds. 14.8 Utah Transit Authority(UTA) a. Must load and unload in SLCDA designated UTA zones only. b. The driver must remain with the vehicle. 14.9 Transportation Network Company(TNC) a. A Transportation Network Company(TNC)may not operate in Utah unless the company is registered with the State of Utah Division of Consumer Protection under the Transportation Network Company Registration Act. b. The Transportation Network Company Registration Act defines a TNC as an entity that(a)uses a software application to connect a passenger to a transportation network driver providing transportation network services; (b)is not: (i) a taxicab as defined in Utah Code §53-3-102; or(ii) a motor carrier as 96 defined in Utah Code §72-9-102; and(c)does not own,control,operate,or manage the vehicle used to provide the transportation network services. C. No TNC shall operate at the Airport without providing proof of registration with the State of Utah Division of Consumer Protection and obtaining a permit with SLCDA. 14.10 Delivery Vehicles The SLCDA may designate delivery areas to accommodate different kinds of deliveries, such as tenant and other deliveries. Drivers must use delivery area(s) assigned by the SLCDA and remain with their vehicle at all times. Only active loading and unloading is permitted. 14.11 Accessible Service for People with Disabilities b. Pursuant to 49 CFR§ 37.173,each public or private entity which operates a fixed route or demand responsive system shall ensure that personnel are trained to proficiency,as appropriate to their duties, so that they operate vehicles and equipment safely and properly assist and treat individuals with disabilities who use the service in a respectful and courteous way,with appropriate attention to the difference among individuals with disabilities. C. Passengers with disabilities may request to be dropped off or picked up at any location that is available for drop off or pick up of the general public,except where vehicle dimensions preclude access to the area requested,(i.e., a large parking shuttle inside the parking garage). d. Pursuant to 49 CFR§§ 37.101 and 37.171(c), each public or private entity which operates a fixed route or demand responsive system shall ensure that vehicles are accessible to individuals with disabilities including those who use wheelchairs or provide equivalent service. Providers will be monitored for compliance with these requirements and non-compliant providers will be subject to civil enforcement penalties as set forth in Salt Lake City Code 16.64.030 for violations of Salt Lake City Code 16.60.010. 15. GENERAL AVIATION HANGAR USE 15.1 Purpose The purpose of this section is to ensure compliance with the FAA Policy on the Non- Aeronautical Use of Airport Hangars,effective July 1,2017. 15.2 General This section applies to all users of aircraft hangars, including the Airport,municipalities, and other public entities,regardless of whether a user is an owner or lessee of the hangar. 97 15.3 Administration The Administration and Commercial Services and Airport Operations Divisions or its designee are responsible for the administration and management of hangar use. 15.4 Aeronautical Use of Hangars Hangars will be used for an aeronautical purpose,or be available for use for an aeronautical purpose,unless otherwise approved by the FAA. The following aeronautical purposes are allowed in SLCDA hangars, subject to the provisions of Salt Lake City Municipal Code and Airport Rules and Regulations: a. Storage of Active Aircraft b. Final assembly of Non-Commercial Amateur-Built or Kit-Built Aircraft C. Maintenance,Repair or Refurbishment of Aircraft d. Storage of Aircraft handling equipment e. Special use as specifically authorized under an applicable lease agreement 15.5 Storage of Aircraft Hangars will be primarily used for the storage of active aircraft, final assembly of amateur-built or kit-built aircraft, or an aircraft that is in the process of being made active as specified herein. a. An active aircraft: 1) Is currently registered with the FAA, 2) Has undergone an annual inspection within the preceding 12 calendar months and been approved for return to service. (FAR 91.409(a)), and 3) Is in an operational and airworthy condition. b. Final Assembly of Amateur-Built or Kit-Built Aircraft Hangars may be used for the final assembly of amateur-built or kit-built(home- built)aircraft as follows: 1) Tenant must request and receive written approval by the Airport. The request must include a written construction plan that contains progress target dates outlining the anticipated time frame for completing the construction of the airplane. 2) The Airport will conduct periodic inspections of the hangar and the aircraft to ensure the aircraft shows continual signs of progress in the construction. 98 3) The construction must be completed and the aircraft airworthy and operable within 12 months,unless extended in writing by SLCDA. 15.6 Maintenance,Repair or Refurbishment of Aircraft Maintenance,Repair, or Refurbishment of Aircraft is allowed in hangars in accordance with the provisions of the lease agreement and Section 5.10 Aircraft Assembly, Cleaning, Maintenance, and Repair of the Airport Rules and Regulations. 15.7 Storage of Aircraft Handling Equipment A limited and reasonable amount of aircraft handling equipment,tow bars,workbenches, tools,materials, and other items used in the servicing,maintenance,repair or outfitting of aircraft may be stored in general aviation hangars provided the hangar is used primarily for the storage of an aircraft and so long as it does not impede access to the aircraft. 15.8 Special Use of Hangar The authorized use of airline,military and FBO hangars shall be for an aeronautical purpose as prescribed in writing by the Airport. 15.9 Indefinite Storage of Non-Operational Aircraft Hangars are not to be used for the indefinite storage of non-operational or non-airworthy aircraft. a. A non-operational aircraft under construction,repair,refurbishment or otherwise non-airworthy, or major structural parts of an aircraft,may be stored in a hangar for a period of 6 months to allow the tenant time to make the aircraft operational and airworthy. b. Tenant may request an extension if the aircraft is expected to be out of service for more than 6 months due to factors beyond the tenant's control, such as unexpected maintenance requirements, availability of parts, or extended length of time needed to make the aircraft airworthy. C. Approval of the request is solely at the discretion of the Airport. The Airport may request a written plan that contains progress target dates outlining the anticipated time frame for making the airplane operational and airworthy. 15.10 Commercial Construction of Aircraft Commercial construction of aircraft, including final assembly,is allowed only in facilities designated for the commercial construction of aircraft and authorized in writing by the Airport. 15.11 Designated Aircraft The hangar lease agreement designates the aircraft authorized to occupy a general aviation hangar. 99 a. The designated aircraft is the only aircraft allowed to be stored in the hangar.No other aircraft may be stored in the hangar unless approved in writing by the Airport's Administration and Commercial Services or Operations Divisions. b. The tenant is responsible to advise the SLCDA immediately if there any changes to the designated aircraft,including ownership in said aircraft. C. In the event that a tenant sells the designated aircraft,tenant will have 120 days to acquire another aircraft before the hangar lease agreement is terminated. d. Any exceptions to the above must be approved in advance by the Airport. 15.12 Ownership of Stored Aircraft The lessee of a general aviation hangar must be the registered owner,or part owner,or lessee of all aircraft stored in the lessee's hangar. If the lessee is the aircraft owner, lessee must: a. Hold legal title to the aircraft or legally own an equal or majority interest in the aircraft,and b. Be listed as an owner on the FAA Aircraft Registration or Application for Registration. If the lessee is leasing the aircraft,lessee must have legal possession of, and control of, the aircraft pursuant to a signed,written lease agreement with a minimum term of twelve months. 15.13 FAA Aircraft Designation All aircraft stored in a hangar must be currently registered with the FAA. Tenants may request in writing a temporary exemption to this requirement if there is reasonable cause as to why the aircraft is not registered. A short-term exemption may be granted at the sole discretion of the Airport. 15.14 State of Utah Aircraft Registration Aircraft based in Utah must be currently registered with the State of Utah Division of Aeronautics and proof of registration must be kept in the aircraft as prescribed by the State. 15.15 FBO Hangars FBO hangars must be used for an aeronautical purpose as designated and authorized in the FBO Agreement. The designated aircraft and ownership requirements do not apply to FBO hangars. 100 15.16 Corporate Hangars Corporate Hangars must be used for an aeronautical purpose as designated and authorized in the hangar lease agreement. 15.17 Non-Aeronautical Use of Hangars The SLCDA will not consider any requests to use a hangar for non-acronautical use. 15.18 Storage of Non-Aeronautical Items Provided the hangar is used primarily for aeronautic purposes, a limited amount of non- aeronautical items may be stored in the hangar provided the items do not interfere with the aeronautical use of the hangar. a. Items must not impede the movement of the aircraft in and out or the hangar. b. Items must not impede access to the aircraft or other aeronautical contents of the hangar. C. Items must not displace the aeronautical contents of the hangar. d. A vehicle may be parked in the hangar while the vehicle owner is using the aircraft. e. A working refrigerator,air conditioner, fans and similar devices are allowed so long as they do not require the use of extension cords. 15.19 Prohibited Use of Hangars The following uses of a hangar are prohibited: a. Unless approved by the Executive Director, storage of items not necessary or routine to the maintenance,operation or storage of an aircraft. b. Commercial aeronautical business or activities such as,but not limited to, aviation maintenance or flight instruction. C. Operation of or activities associated with a commercial,non-aeronautical business. d. Municipal agencies may not use or store non-aeronautical items in a hangar, including inventory of parts, supplies and other items. e. Appliances, except a working refrigerator, air conditioner,fans or similar devices,used by the tenant. f. Propane canisters and other hazardous materials. g. Hangars may not be used as a residence. Sleeping, overnight stays and other activities normally associated with a residence are not allowed. 101 h. Use of the hangar for purposes other than those authorized in the lease agreement. 15.20 Insurance Tenants shall be required to procure insurance covering the tenant's activities in and about the hangar in an amount and type to be specified in the hangar lease agreement. It is the tenant's responsibility to keep said insurance in effect throughout the term of the lease agreement. Tenant must provide proof of insurance as required by the Airport. Tenant must provide insurance to cover all items stored in the hangar including personal property of the tenant and others. 15.21 Hangar Inspection Program The Airport shall conduct hangar inspections at least twice yearly to verify compliance with all applicable federal, state, and local rules and regulations including the Airport Rules and Regulations, and the terms and conditions of the lease agreement. 15.22 Miscellaneous This policy and all provisions herein are subject and subordinate to the terms and conditions of any existing or future agreement entered into between the Airport and the United States of America for the improvement or operation and maintenance of the airport(s),the execution of which has been or may be required as a condition precedent to the transfer of federal rights or property to City for airport purposes,or the expenditure of federal funds for the improvement or development of airport; any laws which have been, or may hereafter be adopted pertaining to airport; any lease agreement or permit entered into between the Airport and a third party,except those provision that are not in accordance with the objectives of this policy and the requirements of the FAA Policy on the Non-Aeronautical Use ofAirport Hangars. 102 it i,M fl , . .. .. ... . . _ TITLE 16: AVIATION UPDATE Sj! A_ ��• . K DIRECTQR OF ADM INIStRAMON-&-OOMMERCIAL SERVICES �"�� r. _ April 4, 2023 • db -, Background • Updates have been necessary for some time • Recent general aviation development interest reprioritized the effort • Effort started in mid-2021 • Internal and external stakeholder in volvement • Industry best practice to respond to ever changing aviation environment • Airport Director's role is being clarified and consolidated into one section • Proposed changes are more user friendly, transparent and understandable by the public • Fees will remain linked to the Consolidated Fee Schedule Title 16 — Four Main Cat• 11 of Updates 1 . Removal of Commercial Aeronautical Minimum Standards and Development of Stand- alone Documents 2. Remove Language Regulated by the Federal Aviation Administration (FAA), or Redundant in Airport Rules and Regulations 3. Consolidate Ground Transportation Business into Title 5 (Chapters 5.71 and 5.72) 4. General Updating Minimum Standards ' Standards for Commercial Aeronautical Tile rlltro i�<ofi,»ro,in,,tfio�� Minimum Ct:Indard�k to. i1 C:]�',I1.' �;l�l'. C 1:11I�I'.I. ,IIlt1 :ILI�:Ill;ll� 1�',�,�ci; ��11 Il'L'� :Ifi' lt��l�tl It! ;1:� h111�1IL. tl ,!ftl:,' 1 ;111pilll I.tit'I hkIII) 111]11\'c1],Ctl ,111d III1,111111tt1 /L,tl _llt!t1ild1 I:Ik1 C II,If111,1111 .CIL1 �I11',;illl� 111,' ;;�,111,11f1�11\ It ,Itl�tlu,ll �111I�L:� *ol '111 ,111h)111 u�t"., Activitiesat Airports I1'tlt� , rticl�, tl , �1t1,I ]�11; ttt ,:l ,,lll �.111,1. C l ',Il IIIL' L'i,01It11Illl Ilt',11111 I'I 1i11 III1-,IIIpol . ;itid l CnSUrC t;OMCIII lhc' (d 11,1%I'_;;hI2,11',, 1 '. • FAA Recommended nRlANnO -�, ,INlrlxl Nl4NrN,t.,r-o,xM �.aoocnuio '- INTERNATIOW .... .�. IRNI1rJr sT,,Nouo 1t+ _ a AN W,Imxn - NRPoRr RRaliP816Ri9 ... a— !OR •�• -....-.:.:_ ArPPoRi ALRaUnTIGL Safet of the FlyingPublic � � � � �� T .�. .�TaR�lCas Lehigh Valley Intema_ b King County s Des Moines IrdemaN_ RyAVP 0 popcdnazureedge.net a Orlando International Airport B the Nashville Intern i.- 0 Gerald R.Ford Imema_ 1 City and Borough of Juneau • Level Playing Field COMMERCIAL AERONA.. ring County international Ai. Untitled MINIMUM STANDARDS FO_ Gmeral Aviation Minimum- MOD Aeronautical Service Op_ Wnt Red MINIMUM STANDARDS Untitled y"" _ Al.IO\' _ 1\TFRNAT A.rRllronmlxn'm - '�' URPORI GSPwiI INI IndustryBest Practice 0 c�gx et 9Minot Airport —Oakland Airport O cros1revize.com (City of Lubbock- Amazon S3 •www.midlandtezas._ S Pittsburgh lntemado.- drGSPAirport O Pat of Moses Lake INI MMUM STANDARDS... Initial international airy_ OAKLND INTERNATIO_ General Aviation Kkrum- General Aviation Minim.. DOT)Minimum Stands_ professional Report UdNed GREENVILLFSPARTAN... Grad Canty lntmtatio_ • a ry Based on the Related searches w simple airport layout j �__— ® � __ RUMR RpJRbaM •I••••••o Wvmm SNr4b burlington intemational akpart —� O Federal Aviation Adi a Gulfpodi lmemat. •Port of Bellingham O Syracuse Hancock 11 0City of San Jose 1 airport layout diagram 4Cobb County oPatof Bellingham a Part of Pon Angeles SMS Minimum Standard_ Gulfport-Wkod H-H lmn_ RULES.REGULATIONS A_ SYRACUSE HANCOCK IN_ RESOLUTION NO.A RE. 554WYYkiiiT"` MINIMUM STANDARDS_ BEllJNGHAM INTERNA_ william c fairdtild inter_ Overview of Minimum Stan • Two Categories: Fixed Base Operator (FBO) and Specialized Aeronautical Service Operator (SASO) • SASOs: Aircraft Maintenance, Rental, Flying Club, Flight School, Charter, Sales, Skydiving, Specialized, Commercial Hangar Operator, etc. Operating Permit or Lease Agreement Required for all Operators • Application, Violation & Enforcement Processes • Experience, Background and Financial Security • Minimums for: Services Provided, Leased Premises (Land, Apron, Structures), Fuel Storage & Supplier (FBO), Insurance, Spill Prevention, Personnel, _ ------------ Training, Equipment, Hours of Operation, Standard Operating Procedures, Aircraft Removal • South Valley Regional Airport FBO Request for Proposals Upcoming ® - -�:» - • , ,F Minimum Standardsi Proposed TITLE 16 AIRPORTS Definition;1604 Nipon Master Plan Extenor Roundanea 16.08 KPONNIOf Amon Location And Regulations 16,12 AIRPORTS General Flight Regulations 16.16 Traffic Pattern(Rep.by Ord.774 4§117,18,19,2D,2D04)1820 Running Engines 1624 Taking ofAr—ft 1628 Ma1IMUMSTANDARDS WHIMMI Takeoff Procedures 16.32 FOR No AIRPRRIS Lending Rules 16.36 Aircraft Parking Rules 1640 COMMERCIAL AERONAUTICAL ACTIVITIES No.Resbiciams 1644 Fire Protection 16.48 - _ MINIMUM STANDARDS Refueling And Debasing 16.52 -•• - — AT FOR Aeronautical Sewn;Leasing Amom Property 16.56 _ COMMERCIAL AERONAUTICAL ACTIVITIES Motor Venda Operation 16.60 Vplaum,Penalty And Enforoement 16.64 SALT LAKE CITY INTERNATIONAL AUMRT(SLC) AT CIIAMR ILK DEFlI�IICIN SOUTH VALLEY REGIONAL AIRPORT(U42) SECTION. TOOELE VALLEY AIRPORT MY) 16.04.010:Definitions,Generally Adopted 2023 16.04,020:Acrobatic 16.04,030:Aircraft Operations Current as oJr January 31,2023 16.04.D40:Aircraft Parking Area -- 15.04,050:Airport Adopted 2023 16.04,060.Airport Rules And Regulations Current as of.January 31,2023 16.04.070:Air Traffic 16.04,080:City 16.04.090:Commercial Vehicle 16.04,100;Control Tower 16.04.110:Director 16.04.120:Doping 16.04,130:Engaging In Will Applications 16.04.140:Engaging In Aircraft Fuel And Oil Dispensing Service 16.04.150:Engaging In Aircraft Rental 16.04,160:Engaging In Aircraft Sales 16.04.170:Engaging In Airframe And/Or Power Plant Repair 16.04.180;Engaging In Air Transportation Service Regulations Redundancy FAA Regulated Contained in Operational Rules & Regulations Aircraft Registration Aircraft Engine Startup Safety Flight Commercial Requirements Commercial Activities Requiring Registration Traffic Rules for Flight Operations Security, Keys and Access Reckless Aircraft Operation Aircraft Repairs and Fueling Accident Reporting Requirements Advertising, Graphics Standards & Photography Taxiing, Crossing Runways & Clearance Animals in the Airport Takeoff and Landing Procedures Aircraft Parking Minimum Altitudes Over the City Permitted Uses and Leased Space Restrictions Vehicle Fueling B. Exemption Fcr Flying Reindeer On Christmas Eve- On C hrishrnas Eve only, flying reindeer and any cargo they maybe towing shall be exempt from the provisions of subsection A of this sedon, (Ord. 77-04 § 12, 20N. Ord. 92-85 § 1 , 1985; prior code §§ 24- Consolidation of Ground T • Removal of all identical GT regulations from Title 16 and consolidate in Title 5 (Chapter 5.71) • Streamline GT regulations in Title 16 to reflect specific practices at the airport system • Updating of Chapters 5.71 and 5.72will be forthcoming Definitions 1F mill Definitions 0 Unauthorized Solicitation of Business Unauthorized Solicitation of Business Expedited Appeal of Exclusion Expedited Appeal of Exclusion Ground Transportation Booths General Updating • Correction and Updating of Airport Names in the Airport System • Removal of Outdated Property Boundaries • Removal and Updating of Airline, Cargo, and Airline Service Provider Fees 16,12,020r SALT LADE CITY AIRPORT II: A. Location:Salt Lake City Airport II is el-even (11) rniles south of Salt Lake Ciro Airport at an elovirian of four thousand six hundred five feet(4,60F). It is used by general avieGon aircraft only. U N I C C-I'1 radio facilities'tun*ay grid laxivrw liuhts, fixed base oporaWr facilities:and hangars are availjOIQ. 16,12.1SO: TERMINAL USE FEES: ANNUAL SPACE RENTAL6 A, There. is hereby iMPDsed on any person nol having a valid and exidng(not teriniriated or expired)agreemenl of permit from the city a use far;, compuled by multiplying the number of square feet of space In the termiial used exclusively by any person by the annual rent rate per WuarQ foot of space in the terminal as is fr rn tlrr t time in char d cDrnm r ial iriin in a rd nce pith Me fcrrnula in exhibit C, park I(b)-of the alrpDd use agmewnt dated JOy 1, 1978E and designated by the algebraic symbol mBr. • Updates to Title 16 are Necessary • Creation of Minimum Standards is an Industry Best Practice and Recommended by the Federal Aviation Administration (FAA Advisory Circular No 15015190.7; August 2006) • The Proposed New Ordinance and New Minimum Standards Documents Provide Flexibility for an Ever-Changing Aviation Environment • Most Airports Update Annually (Airport Cooperative Research Program Survey; February 2011) • Proposed Updates Provide a More User-friendly Approach, Further Transparency, and Understanding for the Public Questions? Thank you! ERIN MENDENHA.LL OFFICE OF THE MAYOR Mayor CITY COUNCIL TRANSMITTAL CIS (Mar8,202310:16MST) Date Received: 03/08/2023 Lisa Shaffer, Chief Administrative Officer Date Sent to Council: 03/08/2023 TO: Salt Lake City Council DATE: March 6,202 Darin Mano,Chair FRO Bill Wyatt, Executive Director,Department of Airports SUBJE T: Title 16: Aviation Update STAFF CONTACTS: Shane Andreasen,Director of Administration and Commercial Services DOCUMENT TYPE: Ordinance RECOMMENDATION: Adopt ordinance BUDGET IMPACT: No impact BACKGROUND/DISCUSSION: I. Background Title 16 contains City ordinances related to the management and operation of the Salt Lake City International Airport ("Airport"), the South Valley Regional Airport ("SVRA") and Tooele Valley Airport Cf VY") (collectively,the "Airport System"). although limited provisions of Title 16 have been amended from time-to-time,it is in need of a complete overhaul to bring it current with the new Airport System facilities,general changes in the aviation industry,and federal regulations. Some language is also redundant and already found in federal regulations or the Department of Airports' Rules and Regulations.When the regulations change,there could be potential conflicts with City Code. For example,much of the language in Chapter 16.16- General Flight regulations 16.16,is regulated,imposed and enforced by the Federal Aviation Administration ("FAA"), so removing it from City Code is practicable. Amending Title 16 will also allow the Administration, through the Department of Airports, to be more flexible in responding to changes in the aviation industry by updating the requirements for different classifications of commercial aeronautical service operators,known as "Minimum Standards," and by removing them from Title 16 and adopting new Minimum Standards documents for the Airport System.This is a best practice in the airport industry and encouraged by the FAA to P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 84114-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor prevent any claims of unjust discrimination against users trying to access the Airport System. The new Minimum Standards establish a uniform playing field to access the Airport System,modernize the requirements for conducting commercial aeronautical services at the Airport System, and ensure services offered to the public are sufficient, safe,and efficient. As required by the FAA, and standard practice by the Department of Airports, the Minimum Standards are and must remain reasonable and not unjustly discriminate. II. Public Involvement In mid-2021, the Department of Airports initiated the process to update Title 16,which included several internal meetings with all internal stakeholders at the Airport System. Stakeholders reviewed and edited relevant sections of Title.16 and met multiple times to discuss necessary changes to streamline readability and remove redundancy.The Department of Airports also consulted with a team of aviation specialists to draft a new Minimum Standards documents to ensure the new standards mirror best practices in the airport industry. Some of the specialists include RS&H and Aeroplex,who are experts in the aviation industry. After creating an initial draft,the Department of Airports sought and received input from tenants such as the Fixed Base Operators ("FBOs") at the.Airport,operators such as Skydive Utah operating from the TVY,and the FAA.The new Minimum Standards documents include changes based on input received. The Department of Airports briefed and solicited input from the Salt Lake City Airport Advisory Board and the West Jordan Airport board on March 15,2023,on these updates to Title 16 and the new Minimum Standards documents. III, Bey Revisions to Title 16 Revisions to Title 16 consist largely of four categories: (1) removal of language regulated by the FAA, or that is better managed through the Department of Airport's Rules and Regulations; (2) creation of a standalone Commercial Aeronautical Minimum Standards documents; (3) removal of the majority of ordinances regulating ground transportation businesses ("GT") to consolidate those regulations into one Chapter 5.71;and, (4) general updating. A. Removal of Redundant.Regulations Many areas regulated by Title 16 are controlled and regulated by the FAA,which means that City Code can easily become outdated or conflict with federal regulations. Updates include removal of the following items from Title 16: 1. Aircraft Registration 2. Flight Commercial Requirements 3. Traffic Rules for Flight Operations P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, LIT 84114-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor 4. Reckless Aircraft Operation 5. Accident Reporting Requirements 6. Aircraft Taxiing, Crossing Runways and Clearance 7. Takeoff and Landing Procedures Other regulations in Tide 16 are better addressed through the Department of Airport's Rules and Regulations ("Rules and Regulations"), which are publicly available to all Airport System users on the Department of Airport's public website.' The Rules and Regulations are technical topics that can change from time-to-time to meet operational nees; therefore, having them in one document that affords flexibility is key. Updates include removal of the following language from Title 16: 1. Aircraft Engine Startup Safety 2. Commercial Activities Requiring Authorization 3. Security,Keys and Access 4. Aircraft Repairs and Fueling 5. Advertising, Graphics Standards and Photography 6. Animals in the Airport 7. Aircraft Parking 8. Permitted Uses and Restrictions in Leased Space 9. Aircraft and Vehicle Fueling B. Commercial Aeronautical Minimum Standards Documents Creation Best practices at airports across the country are to have separate documents for regulating Commercial Aeronautical activities. By removing these topics from Title 16, staff has the flexibility to respond to ongoing changes in the aviation industry and treat all similarly situated operators the same. These documents are also more user friendly for the public and those wishing to conduct commercial aeronautical activities at the system of airports. Updates include: 1. Removal of Aeronautical Business Requirements by Operator Type 2. Removal of the Majority of Mandatory Lease Clauses 3. Creation of Minimum Standards for the Airport System as stand-alone documents C. Consolidation of Ground Transportation Ordinances into Chapter 5.71 Chapters 5.71,5.72,and 5.76 relate to regulation of GT businesses in the City, as does Article II of Title 16. Some of the language is identical and therefore unnecessary. For ease of use and to eliminate confusion by the public, the Department of Airports recommends placing the 'hLtps://sIcaiMort.com/business-services/`mles-pLnd-regulations/ P.O. BOX 145474 451 SOUTH STATE STREET, ROOM306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 84114-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor 3. bulk of GT-related regulation in Title 5.71. Updates include: 1. Removal of all identical GT regulations from title 16 and consolidate in Chapter 5.71 2. Streamline GT regulations in Title 16 to address specific areas of regulation at the.Airport System D. General Updating It has been many years since Title 16 was updated; therefore, simple issues like updating the name of South Valley Regional Airport (was Airport II) is necessary. Also, fees change every year, and the methodology has changed compared to existing Title 16 language; therefore, removing this language altogether and deferring to executed agreements with the airlines, cargo, and service providers is necessary. Updates include: 1. Correction of Airport Names in the Airport System 2. Removal of Outdated Property Boundaries 3. Removal of Airline, Cargo, and Airline Service Provider Fees Language IV. Conclusion Updates to Title 16 have been necessary for quite some time. Making the revisions outlined in this transmittal allows greater transparency and ease of use for the public and allows the Department of Airports to better respond to changes in the aviation industry,especially in the area of Minimum Standards. This update also eliminates redundancy found in federal and Rules and Regulations while keeping the rest of Title 16 intact. These changes will result in a much more user-friendly approach to commercial aeronautical development at the Airport System and simplify City Code by consolidating relevant GT regulation in one place. ATTACHMENTS: Exhibit A. Proposed Ordinance Exhibit B: Existing Title 16 Exhibit C: Minimum Standards for Commercial Aeronautical Activities at SLC Exhibit D: Minimum Standards for Commercial Aeronautical Activities at U42 and TVY P.O.BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 LEGISLATIVE DRAFT 1 SALT LAKE CITY ORDINANCE 2 No. of 2023 3 4 (An ordinance repealing and replacing Title 16 of the Salt Lake City Code, 5 pertaining to Airports.) 6 7 WHEREAS, Salt Lake City is constructing and has begun operation of the new Salt Lake 8 City International Airport("Airport"); and 9 WHEREAS, the aviation industry has grown and advanced in Utah, and management of 10 aviation-related operations at the Airport and other two airports owned and operated by the City, 11 has changed to accommodate such growth; and 12 WHEREAS, there have been significant market changes in aviation; and 13 WHEREAS, multiple provisions of Title 16 of Salt Lake City Code no longer align with 14 the City's new facilities and operational needs; and 15 WHEREAS, at its March 15, 2023, meeting of the Airport Advisory Board, the Board 16 reviewed the ordinance; and 17 WHEREAS, after a public hearing on this matter, the Salt Lake City Council has 18 determined that adopting this ordinance is in the City's best interests. 19 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 20 SECTION 1. Title 16 of the Salt Lake City Code, regarding Airports, is hereby repealed 21 and Title 16 contained herein shall be enacted as follows: 22 TITLE 16 23 AIRPORTS 24 25 Definitions and General Regulations: 16.10 26 General Flight Regulations: 16.20 27 Commercial Aeronautical Activity; Leasing Airport Property: 16.30 28 Motor Vehicle Operations: 16.40 29 Violation, Penalty and Enforcement: 16.50 30 31 LEGISLATIVE DRAFT 32 CHAPTER 16.10 33 DEFINITIONS AND GENERAL REGULATIONS 34 35 16.10.010: Definitions 36 16.10.020: Purpose 37 16.10.030: Authority to Establish Rules and Regulations and Minimum Standards 38 16.10.040: All Rules, Regulations, and Minimum Standards Applicable to the Airport System 39 16.10.050: Revocation of Use Privilege 40 16.10.060: Commercial Activities; Permit Requirements 41 16.10.070: Use of Airport Property; Risk and Liability; Implied Agreement 42 16.10.080: No Pre-Emption 43 16.10.090: Payment of Rents, Fees, and Charges 44 16.10.100: Customer Facility Charge 45 16.10.110: Funds, Disposition, and Accounting 46 16.10.120: Hunting and Shooting Prohibited 47 16.10.130: Use of Roadways and Walks 48 49 16.10.010: DEFINITIONS: 50 51 The following words and phrases, whenever used in this title, shall be defined as provided in this 52 title unless a different meaning is specifically or more particularly described. 53 54 ADVANCED AIRCRAFT MOBILITY SYSTEM: "Advanced Aircraft Mobility System"means 55 a system that transports individuals and property using piloted and unpiloted aircraft, including 56 electric aircraft and electric vertical takeoff and landing aircraft, in controlled or uncontrolled 57 airspace, and includes each component of such system. 58 59 AERONAUTICAL ACTIVITY: Any activity or service that makes possible, facilitates, is 60 related to, assists in, or is required for the operation of aircraft or another aeronautical activity 61 that contributes to or is required for the safety of such operations. The following activities, 62 without limitation, that are commonly conducted on airports are considered aeronautical 63 activities within this definition: aircraft charter, pilot training, aircraft rental, sightseeing aerial 64 photography, aerial spraying and agricultural aviation services, aerial advertising, aerial 65 surveying, air carrier operations (passenger and air cargo), aircraft sales and service, sale of 66 aviation fuel and oil, aircraft maintenance, sale of aircraft parts, and any other activity which, in 67 the sole judgement of the Department of Airports, because of its direct relationship to the 68 operation of aircraft or the Airport System, can be appropriately regarded as an aeronautical 69 activity. 70 71 AIRCRAFT: "Aircraft" means a device that is used or intended to be used for flight in the air. 72 See 14 CFR § 1.1. 73 74 AIRCRAFT OPERATIONS: "Aircraft Operations"means an aircraft arrival at or departure from 75 the Airport System,with or without FAA airport traffic control service. 76 2 LEGISLATIVE DRAFT 77 AIRPORT SYSTEM: "Airport System" means all property owned and operated by the City and 78 controlled through its Department of Airports, including the Salt Lake City International Airport, 79 and any regional or reliever airport owned by the City as applicable, as the property now exists 80 or as may hereafter be expanded or improved, together with all the appurtenant facilities, and 81 includes all areas shown in the FAA-approved airport layout plans. 82 83 AIR OPERATIONS AREA: The "Air Operations Area" (AOA)means any area of the Airport 84 System used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft, 85 including all movement areas, runways, taxiways, and apron areas where aircraft are parked, 86 services, refueled, loaded with cargo, or accessed by passengers, including the areas surrounding 87 hangars, navigation equipment and communication facilities. 88 89 BUSINESS: A voluntary association formed and organized to carry on a business in the legal 90 name of the association, including, without limitation, a corporation, limited liability company, 91 partnership, or sole proprietorship. 92 93 CITY: "City"means and has reference to Salt Lake City Corporation, a municipal corporation of 94 the state of Utah. 95 96 COMMERCIAL: That which promotes or makes possible earnings, income, revenue, 97 compensation,profits, exchanges (including change of services), trading,buying, hiring, or 98 selling of commodities, goods, services, or tangible or intangible property of any kind, whether 99 such objectives are accomplished or not. 100 101 DEPARTMENT: "Department"means the Salt Lake City Department of Airports. 102 103 DIRECTOR: "Director"means the duly appointed and qualified department head of the 104 "Department of Airports," selected and appointed by the Mayor with the recommendation of the 105 Airport Advisory Board and with the advice and consent of the City Council, or designee. 106 107 FAA: "FAA"means the Federal Aviation Administration. 108 109 FAR: "FAR"means the federal aviation regulations. 110 111 GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation 112 vehicle. 113 114 GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of 115 persons using Salt Lake City streets for commercial purposes, regardless of whether a fee or fare 116 is collected. 117 118 INTERNATIONAL AIRPORT: "International Airport"means the Salt Lake City International 119 Airport, as the property now exists or as may hereafter be expanded or improved, together with 120 all the appurtenant facilities, and includes all areas shown in the FAA-approved airport layout 121 plans. 122 3 LEGISLATIVE DRAFT 123 LANDING AREA: "Landing area"means the runways, taxiways, intermediate turnoffs, any area 124 of land utilized for an advanced air mobility system, and adjoining areas of the Airport System. 125 126 MAYOR: "Mayor"means the duly elected or appointed and qualified chief executive and 127 administrative officer of Salt Lake City, or his/her authorized representative. 128 129 MINIMUM STANDARDS: "Minimum Standards"means the standards, directives,policies, and 130 procedures for Commercial Aeronautical Activities applicable to the Airport System as adopted 131 by authority of this title. 132 133 MOTOR VEHICLE: "Motor vehicle"means any vehicle propelled by an internal combustion or 134 electric motor. 135 136 ON-AIRPORT RENTAL CAR OPERATOR: "On-Airport Rental Car Operator"means an 137 Operator occupying a rental car concession on the premises of the Airport System. 138 139 OPERATOR: Persons engaged in commercial or aeronautical activities within the Airport 140 System. 141 142 PERSON: "Person"means and includes a natural person, organization, corporation, partnership, 143 company, entity, firm, association or corporation, including any representative thereof. 144 145 RAMP: "Ramp"means a paved area of the airport normally used for the parking and taxiing of 146 aircraft. 147 148 RULES AND REGULATIONS: "Rules and Regulations"means the standards, directives, 149 policies and procedures applicable to the Airport System as adopted by authority of this title. 150 151 VEHICLE: "Vehicle"means a device in, upon or by which any Person or property is or may be 152 propelled, moved, transported, hauled, or drawn upon any roadway within the Airport System. 153 154 16.10.020: PURPOSE 155 156 This title is enacted to provide for and protect the public health, safety, interest and general 157 welfare, and to regulate the activities and the conduct of business within the Airport System, as 158 authorized by the Aeronautics Act, Utah Code Chapter 72, Title 10, or its successor. The purpose 159 of enacting this title is, within the Airport System, to ensure, safe, efficient, and adequate levels 160 of operations and services,protect against unlicensed and unauthorized products and services, 161 maintain, and enhance the availability of adequate services, promote the orderly development of 162 land, ensure the economic health of providers, and ensure the efficient use and preservation of 163 navigable airspace. 164 165 16.10.030: AUTHORITY TO ADOPT RULES AND REGULATIONS AND MINIMUM 166 STANDARDS: 167 4 LEGISLATIVE DRAFT 168 Subject to approval by the Mayor, and consistent with other applicable provisions of this code, 169 the Director shall have the power and authority to adopt Rules and Regulations and Minimum 170 Standards applicable to the Airport System for the following purposes: 171 172 A. To regulate the development, construction, use, occupancy, management, security, 173 control, operation, care, repair and maintenance of all land, structures and facilities within the 174 Airport System; 175 176 B. To establish and set rates, fees and charges as shall be necessary to meet the needs for 177 operating the Airport System; 178 179 C. To establish reasonable time, place and manner guidelines for the exercise of First 180 Amendment rights; 181 182 D. To regulate the operation of passenger and vehicle traffic, ground transportation and 183 Ground Transportation Businesses, and parking facilities; 184 185 E. To promote the public health, safety, interest, and general welfare; 186 187 F. To regulate all revenue producing commercial activities; 188 189 G. To restrict or prevent any activity or action that would interfere with the safe, orderly, 190 and efficient use of the Airport System by passengers, Operators, tenants, and authorized users; 191 192 H. To allow for enforcement of the Department's Rules and Regulations and Minimum 193 Standards; 194 195 I. Any other purpose as approved by the Mayor. 196 197 16.10.040: ALL RULES, REGULATIONS AND MINIMUM STANDARDS APPLICABLE 198 TO THE AIRPORT SYSTEM: 199 200 All Persons using the Airport System, whether by permission, invitation, or license, agree to 201 comply with the Department's Rules and Regulations and Minimum Standards. No Person shall 202 commit any violation of this title, the Rules and Regulations and Minimum Standards 203 promulgated hereunder, including all fire protection requirements required under applicable law 204 and this code, or any applicable federal, state, or local law while on the Airport System property. 205 206 16.10.050: REVOCATION OF USE PRIVILEGE: 207 208 Any Person trespassing on the Airport System, or refusing to comply with this title, the 209 Department's Rules and Regulations and Minimum Standards, or applicable federal, state, or 210 local law, may be directed to leave the Airport System property by a law enforcement officer, the 211 Director, or by any authorized Airport employee, and may be deprived of further use of the 212 Airport System and its facilities. Failure to comply with a direction to leave the Airport System 5 LEGISLATIVE DRAFT 213 property may result in the arrest or citation of the Person for trespass under the Department's 214 Rules and Regulations, and federal, state, and local law. 215 216 16.10.060: COMMERCIAL ACTIVITIES; PERMIT REQUIREMENTS: 217 218 No Person shall use the Airport System, or any portion thereof, for any Commercial Aeronautical 219 Activity, or any business or revenue producing non-aviation commercial activity, without first 220 obtaining a written contract, permit, license, lease or other form of written authorization from the 221 Department for such activity, in compliance with any applicable Rules and Regulations and 222 Minimum Standards, and paying the established or market rates, as applicable, and charges 223 prescribed for such use. No Person not so authorized shall operate, service or repair aircraft or 224 carry on any business of any nature on the Airport System property. All commercial activities on 225 the Airport System property may be allowed at the sole discretion of the Department for the 226 purpose of promoting the best interests of the Airport System. 227 228 16.10.070: USE OF AIRPORT PROPERTY; RISK AND LIABILITY; IMPLIED 229 AGREEMENT: 230 231 Any Person causing damage of any kind to the Airport System, or its facilities or improvements, 232 shall be liable for such damage to the City. All Persons using the Airport System, whether by 233 permission, invitation or license, do so at their own risk and shall assume full responsibility for 234 their own acts and omissions, and the acts and omissions of their agents, contractors, employees, 235 guests and, and shall hold harmless, indemnify and defend the City, its officers, board members, 236 departments, representatives, authorized representative(s), employees, affiliates, successors and 237 agents from liability for any loss, damage or injury resulting from their use thereof, including 238 from the claims of others arising out of their use. 239 240 16.10.080: NO PRE-EMPTION: 241 242 To the extent of any irreconcilable conflict between this title and any federal or state law, the 243 latter shall control. It is not the intent of this title to excuse any Person or Operator from the 244 performance of any obligation they may have under any agreement with the City, whether the 245 agreement is in existence at the time of adopted or entered into thereafter. Such agreements may 246 include requirements, terms or conditions in addition to or more restrictive than the provisions 247 of this title. 248 249 16.10.090: PAYMENT OF RENTS, FEES,AND CHARGES: 250 251 All Persons using the Airport System shall pay the rents, fees and charges specified by the 252 Department as applicable. Use fees, as determined by the Director, including those set forth in 253 the Salt Lake City consolidated fee schedule, shall be imposed on users of the Airport System, 254 and may include, but is not limited to, fees for: aeronautical services, landing fees, aircraft apron 255 facilities, cargo carrier Ramp use, aircraft parking, in-flight catering, baggage claim facilities, 256 rates and charges, flight training, repair services, exclusive terminal use, and other common and 257 public use facilities. Fuel royalty fees, as determined by the Director, including those set forth in 6 LEGISLATIVE DRAFT 258 the Salt Lake City consolidated fee schedule, shall be imposed on any Person offering aviation 259 fuel for sale within the Airport System. 260 261 16.10.100: CUSTOMER FACILITY CHARGE: 262 263 A. A customer facility charge (CFC) shall be imposed on each rental transaction day, up to 264 and including a maximum of twelve (12) days per rental contract, for the rental of a vehicle from 265 an On-Airport Rental Car Operator. 266 267 B. The Director is authorized to implement and administer the CFC program on behalf of 268 the City, through concession and/or lease contracts or other means, including, without limitation, 269 the Department's Rules and Regulations. CFC revenues may be pre-collected for future use, as 270 specified in this chapter. 271 272 C. On-Airport Rental Car Operators shall collect the CFC revenues which shall be held in 273 trust for the benefit of the City. CFC revenues at all times shall be property of the City and the 274 On-Airport Rental Car Operators shall have no ownership or property interest in the CFC 275 revenues. 276 277 D. On-Airport Rental Car Operators shall list the CFC as a separate line item described as 278 "customer facility charge" on all customer invoices. 279 280 E. On-Airport Rental Car Operators shall segregate, separately account for and disclose all 281 CFC revenues as trust funds in their financial statements and shall maintain adequate records to 282 account for all CFCs charged and collected. 283 284 F. On a monthly basis, On-Airport Rental Car Operators shall remit the CFC revenues 285 directly to the Department, which shall be received no later than the last day of the month 286 following the month in which the CFC charges were imposed. On-Airport Rental Car Operators 287 shall submit a monthly transaction report which includes the following: transaction days, a 288 summary of daily business transactions in connection with the Airport System, an accounting of 289 all fees charged to Airport customers in connection with such transactions, and such other 290 information as required by City. 291 292 16.10.110: FUNDS; DISPOSITION AND ACCOUNTING: 293 294 A. All funds received from fuel, taxes, rentals, concessions, customer facility charges 295 (CFCs), or any other source within the Airport System shall be placed in the airport enterprise 296 funds and kept separate and apart from all other City funds. The collection, accounting, and 297 expenditure of all airport enterprise funds shall be in accordance with existing fiscal policy of the 298 City and consistent with state and federal laws and federal grant assurances. 299 300 B. Funds received from customer facility charges (CFCs) shall be used for paying the City's 301 capital costs for construction and improvement of rental car facilities in the Airport System, 302 including costs that support environmental sustainability; paying a pro rata share of City's costs 303 for joint use infrastructure, such as roadways, ready return and quick turnaround areas allocable 7 LEGISLATIVE DRAFT 304 to rental car usage; building reserves for renewal and replacement capital costs; paying common 305 costs of a shuttle bus operation for rental car customers; funding transportation costs and other 306 costs associated with interim operations during construction phasing and relocation of rental car 307 operations; paying the City's costs for infrastructure for future lease areas for a service center, 308 including site prep; funding debt service associated with rental car facilities; or funding City's 309 costs for such other rental car related purposes as the City determines. 310 311 16.10.120: HUNTING AND SHOOTING PROHIBITED: 312 313 There shall be no hunting or shooting on the Airport System without the express prior written 314 approval of the Director. 315 316 16.10.130: USE OF ROADWAYS AND SIDEWALKS: 317 318 No person shall hinder or obstruct the use of any roadway or walkway provided for vehicular or 319 pedestrian travel, or otherwise use or occupy the same except in accordance with the ordinary 320 use thereof for the particular class of traffic involved. 321 322 CHAPTER 16.20 323 GENERAL FLIGHT REGULATIONS 324 325 16.20.010: Federal, State and Local Law Applicable 326 16.20.020: Authority to Establish Landing Field 327 16.20.030: Use of Runways Required 328 329 16.20.010: FEDERAL, STATE AND LOCAL LAW APPLICABLE: 330 331 No Person shall navigate any Aircraft or conduct any Aircraft Operations on the Airport System 332 property other than in conformity with applicable federal, state, and local law, ordinances, rules 333 and regulations of any kind, including the Department's Rules and Regulations, and Minimum 334 Standards. 335 336 16.20.020: AUTHORITY TO ESTABLISH LANDING FIELD: 337 338 Unless otherwise provided by law, it is unlawful for any Person to set up or to maintain within 339 the boundary of the City any landing field or landing area for aircraft or advanced air mobility 340 system without the express written permission of the Department. Such landing field or landing 341 area must be designed and installed in accordance with FAA guidance and all applicable zoning 342 regulations, including any FAA and City permitting requirements. 343 344 16.20.030: USE OF RUNWAYS REQUIRED: 345 346 Landings and takeoffs of Aircraft shall be confined to paved runways or FAA approved landing 347 zones. 348 8 LEGISLATIVE DRAFT 349 CHAPTER 16.30 3S0 COMMERCIAL AERONAUTICAL ACTIVITY; LEASING AIRPORT PROPERTY 3S1 3S2 16.30.010: Commercial Aeronautical Activity Requirements 3 S 3 16.30.020: Mandatory and Minimum Standard Lease Clauses 3S4 16.30.030: Security and Bond Requirements 3SS 3S6 16.30.010: COMMERCIAL AERONAUTICAL ACTIVITY REQUIREMENTS: 3S7 3S8 Any Person or Operator engaging in Commercial Aeronautical Activity on or from the Airport 3S9 System must comply with the applicable Minimum Standards for each specific activity and 360 paying the rates and charges prescribed for such use. No Person or Operator shall operate or 361 engage in Commercial Aeronautical Activity on or from the Airport System without complying 362 with the applicable Minimum Standards for each specific activity. 363 364 16.30.020: MANDATORY AND MINIMUM STANDARD LEASE CLAUSES; 36S CONTRACT PROVISIONS: 366 367 In addition to any other provision required under ordinance or other applicable law, all leases or 368 contracts relating to or concerning Commercial Aeronautical Activity on or from the Airport 369 System and all other easements or contracts with the Department of Airports of any kind shall 370 contain the following: 371 372 A. Federal Requirements: A lease, easement, or other agreement must include all federally 373 required contract provisions and any provisions required to comply with federal grant 374 assurances; such agreements shall be subordinate to the provisions of any existing or future 37S agreement between the City and the United States, relative to the operation and maintenance of 376 the Airport System, the execution of which has been or may be required as a condition precedent 377 to the expenditure of federal funds for the development of the Airport System. 378 379 B. Assignment of Lease: The City, in its sole discretion, may approve or deny any 380 assignment of a lease or sublease of the City-owned property at the Airport System, or of any 381 other agreement with the City. 382 383 C. Indemnification; Insurance: The Department's current indemnification and insurance 384 requirements established under the Rules and Regulations or other Department guidelines shall 38S be included in any lease or other agreement with any contractor, sub-contractor, third party, or 386 Person contracting with the City at or related to the Airport System. 387 388 16.30.030: SECURITY AND BOND REQUIREMENTS: 389 390 Prior to the execution of a lease or other agreement and entry upon the premises or other area of 391 the Airport System, the lessee or other Person shall provide to the City a performance bond or 392 letter of credit to the Department in accordance with the Department's Rules and Regulations 393 and other Department guidelines, acceptable to the City Attorney's Office, which shall be held 394 by the City for the term of the lease or other agreement as security for full performance of the 9 LEGISLATIVE DRAFT 395 lessee's or Person's obligations. A lessee or other Person engaged in construction, alteration or 396 improvement on the Airport System shall require any contractor to deliver performance and 397 payment bonds as required under with the Department's Rules and Regulations and other 398 Department guidelines, and applicable law, to the City, which are binding on the parties and that 399 shall remain in full force until such time as the contractor provides a notice of lien waiver to the 400 City. 401 402 CHAPTER 16.40 403 MOTOR VEHICLE OPERATIONS 404 405 Article I. General Regulations 406 16.40.010: Compliance with Law 407 16.40.020: Exemptions from Requirements of this Chapter 408 16.40.030: Driving Restrictions 409 16.40.040: Vehicle Ramp Operations 410 16.40.050: Common Carriers 411 16.40.060: Reporting Accidents 412 16.40.070: Prohibited Vehicles and Animals 413 16.40.080: Parking Vehicles; Impoundment Authorized 414 415 Article II. Ground Transportation Businesses 416 16.40.090: Purpose 417 16.40.100: Businesses Authorized to Provide Ground Transportation 418 16.40.110: Passenger Pick Up Zones 419 16.40.120: Ground Transportation Fees Required 420 16.40.130: City Ordinances Applicable to Airport 421 16.40.140: Staging and Parking of Ground Transportation Vehicles 422 16.40.150: Sign Requirements 423 424 16.40.010: COMPLIANCE WITH LAW: 425 426 No Person shall operate or park a Motor Vehicle on the Airport System except in strict 427 compliance with applicable federal, state, and local law, Rules and Regulations and Minimum 428 Standards. 429 430 16.40.020: EXEMPTIONS FROM REQUIREMENTS OF THIS CHAPTER: 431 432 Vehicles licensed and operated by a government agency, a university or school district, the Utah 433 transit authority, an ambulance service, and others, as may be designated in Rules and 434 Regulations, and others as may be designated by the Director, are exempt from the requirements 435 of this chapter. 436 437 16.40.030: DRIVING RESTRICTIONS: 438 10 LEGISLATIVE DRAFT 439 A. Any Motor Vehicle operated on the AOA as a service vehicle shall display the 440 Department-issued identification sticker and shall also bear company identification visible from 441 fifty feet(50') on both sides of the vehicle. 442 443 B. No Person or Vehicle is permitted in, on, or around any secured area, including but not 444 limited to, any hangar, landing field, runway, apron, taxiway, or the AOA, without prior 445 permission from the Director. 446 447 C. Motor Vehicles, trucks and other equipment(including airport maintenance and 448 emergency vehicles) operating on any landing area, runway, apron or the AOA shall display a 449 standard checkered flag or flashing amber or red light, as appropriate, if operated at night, or 450 shall be marked in accordance with Federal Aviation Administration regulations or as authorized 451 by the Director and shall not be operated without prior permission of the control tower. 452 453 16.40.040: VEHICLE RAMP OPERATIONS: 454 455 A. Speed Limits: Motor Vehicles shall be operated on established streets and roadways 456 within the Airport System in strict compliance with posted speed limits. Motor Vehicles shall be 457 operated on the AOA, including any passenger loading ramp, aircraft parking ramp, or in any 458 area immediately adjacent to the terminals or hangars, at a safe and reasonable speed, not to 459 exceed the posted speed limit. 460 461 B. Use of Ramp Roadways: Vehicles shall be operated only within the limits of the 462 designated painted roadways on the AOA, except as required to perform aircraft servicing and 463 airfield inspections. 464 465 C. Traffic Markings on Paved Surfaces: Vehicle operators shall observe all traffic markings 466 painted on AOA pavement surfaces. 467 468 D. Yield Right-of-Way to Aircraft: All Vehicles shall yield right-of-way to any Aircraft 469 when the Aircraft is under tow or has its engines operating. No Vehicle shall proceed past such 470 Aircraft until the Vehicle's progress will not impede the Aircraft's movement. Nothing here shall 471 preclude an agreement to the contrary between the City and the Federal Aviation Administration. 472 473 16.40.050: REPORTING ACCIDENTS: 474 475 Any Person involved in an accident on the Airport System resulting in personal injury or damage 476 to property shall report the accident promptly to the Department. 477 478 16.40.060: PROHIBITED VEHICLES AND ANIMALS: 479 480 No motorized or non-motorized go-cart, scooter, skateboard, motorbike, bicycle, horse or horse 481 trailer, or similar vehicle, shall be permitted on the AOA, or hangar area without approval of the 482 Director, except for bicycles that are secured and delivered to an Aircraft for transport, or 483 motorcycles used for surface transportation in a hangar area. 484 11 LEGISLATIVE DRAFT 485 16.40.070: PARKING VEHICLES; IMPOUNDMENT AUTHORIZED: 486 487 No Person shall park any Vehicle on the Airport System in violation of the Rules and 488 Regulations or posted traffic signs and markings or without payment of authorized fees. Any 489 Vehicle parked in violation of Rules and Regulations or posted traffic signs and markings may 490 be impounded or relocated in accordance with state law. The owner of any impounded Vehicle 491 shall pay for the tow charge, regular parking fees, and other penalties and related charges. 492 493 ARTICLE II. GROUND TRANSPORATION BUSINESSES 494 495 16.40.080: BUSINESSES AUTHORIZED TO PROVIDE GROUND 496 TRANSPORTATION: 497 498 No Person shall operate a ground transportation vehicle on the Airport System unless it is 499 operated as part of an authorized Ground Transportation Business in accordance with title 5, 500 chapter 5.71, or successor provision. 501 502 16.40.090: PASSENGER PICK UP AND DROP OFF: 503 504 All Persons operating a Ground Transportation Vehicle on the Airport shall pick up and drop off 505 passengers only in areas as designated by the Director. Ground Transportation Vehicles may 506 occupy such area only for the period of time established by the Director. 507 508 16.40.100: GROUND TRANSPORTATION FEES REQUIRED: 509 510 No Ground Transportation Vehicle or Authorized Ground Transportation Business shall occupy 511 or use the Airport System without paying the required fees as established under this title. 512 513 16.40.110: CITY ORDINANCES APPLICABLE TO AIRPORT: 514 515 All applicable ordinances set forth in this code, including without limitation title 5 of this code, 516 or its successor, shall apply to the International Airport. With the approval of the Mayor and 517 upon notice to the City Council the Director may waive or temporarily impose restrictions not 518 addressed in this chapter or Department Rules and Regulations if it is determined that 519 circumstances in the City exist that create congestion, security concerns, emergency conditions, 520 or other operational problems, and that a temporary suspension or modification of ordinances is 521 in the best interests of the city to address such circumstances. If the City Council does not act 522 within sixty(60) days to approve or disapprove the action, then the action is deemed approved. 523 524 16.40.120: STAGING AND PARKING OF GROUND TRANSPORTATION VEHICLES: 525 526 Any use of a staging area, parking facilities, taxi stands,parking areas, traffic lanes or other areas 527 and facilities on the Airport System used by Authorized Ground Transportation Vehicles are 528 subject to Department Rules and Regulations. 529 530 16.40.130: SIGN REQUIREMENTS: 12 LEGISLATIVE DRAFT 531 532 Signs may be posted at the International Airport by authorized Ground Transportation 533 Businesses in accordance with applicable City ordinances, Department contracts, and 534 Department Rules and Regulations. 535 536 CHAPTER 16.50 537 VIOLATION, PENALTY AND ENFORCEMENT 538 539 16.50.010: Prohibitive Nature of Regulations 540 16.50.020: Removal Authorized 541 16.50.030: Violation; Penalty 542 16.50.040: Issuance of a Civil Notice of Violation 543 16.50.050: Civil Penalties, Enforcement and Appeal 544 16.50.060: Enforcement Procedures; Civil Notice of Ground Transportation Violation 545 546 16.50.010: PROHIBITIVE NATURE OF REGULATIONS: 547 548 It is a violation of this title for any Person to do any act prohibited by federal, state or local law, 549 and Rules and Regulations, to fail or refuse to do any act required by law, to operate any Vehicle 550 or Aircraft in violation of any provisions of this title, Rules and Regulations or Minimum 551 Standards, or to operate any Vehicle or Aircraft unless such Vehicle or Aircraft is equipped and 552 maintained as provided in this title or other applicable law. 553 554 16.50.020: REMOVAL AUTHORIZED: 555 556 Any Person operating any Vehicle or Aircraft on the Airport System in violation of this title or 557 other applicable law, or by refusing to comply therewith, may be removed or ejected from the 558 Airport System, and may be deprived of the further use of the Airport System and its facilities 559 for such length of time as may be deemed necessary by the Director to ensure the safe, orderly 560 and efficient use of the Airport System. 561 562 16.50.030: VIOLATION; PENALTY: 563 564 Except as otherwise provided, any person guilty of violating any provision of this title shall be 565 deemed guilty of a Class B misdemeanor. 566 567 16.50.040: ISSUANCE OF A CIVIL NOTICE OF VIOLATION: 568 569 A. Every notice issued under this chapter shall be issued in the form of a written civil notice 570 and shall contain a statement that the named party may appeal the imposition of the penalty and 571 provide information regarding the process for appeal. 572 573 B. Any driver, Vehicle owner, or Person that violates any provision of this chapter may be 574 named in a civil notice issued by the City and shall be liable for a civil penalty. A violation of 575 any provision of this chapter by any driver or Vehicle owner shall also constitute a violation of 13 LEGISLATIVE DRAFT 576 such provision by the business under whose authority such driver or owner was operating at the 577 time of the violation. 578 579 16.50.050: CIVIL PENALTIES, ENFORCEMENT AND APPEAL: 580 581 A. Any Person that violates this title, Department Rules and Regulations, or other applicable 582 law is subject to civil penalties and any other lawful action as may be taken by the Director to 583 ensure the safe and effective operations of the Airport System. 584 585 B. The City may revoke, suspend, or deny renewal of a City business license to operate a 586 business for violation of any provision of this title, Department Rules and Regulations, or other 587 applicable law, as provided under title 5 of this code, or successor provision. 588 589 C. Any civil penalty under this chapter may be in addition to any other penalty that may be 590 imposed by law or Department Rules and Regulations. 591 592 D. Violations of provisions of this title shall constitute civil violations and be subject to the 593 following civil penalties: 594 Code: Amount of Penalty: Violation: General Regulations: 16.10.060 $500.00 Commercial activities, conduct of general business; payments of rents, fees, and charges 16.10.130 $200.00 Unauthorized use of roads and walks 16.40.010 $500.00 Vehicle operations on airport 16.40.030 $1,000.00 Secured area vehicle operations 16.40.040 $1,000.00 Ramp area vehicle operations 16.40.050 $1,000.00 Failure to report accident 16.40.060 $1,000.00 Prohibited vehicle or animal in secure area 16.40.070 $200.00 Parking area restrictions/failure to pay fees 16.40.070 $100.00 Parking violation posted signs Ground Transportation Businesses: 16.40.080 $1,000.00 Unauthorized ground transportation vehicle 14 LEGISLATIVE DRAFT 16.40.090 $200.00 Unauthorized passenger pickup/drop off 16.40.100 $500.00 Failure to pay fees 16.50.120 $100.00 Unauthorized staging/use of grounds and facilities 595 596 16.60.060: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND 597 TRANSPORTATION VIOLATION: 598 599 Civil notices under this title, except notice or revocation, suspension, denial or non-renewal of a 600 City business license, shall be heard in accordance with title 2, chapter 2.75 of this code, or its 601 successor. 602 603 SECTION 7. This ordinance shall take effect immediately upon the date of its first 604 publication. 605 Passed by the City Council of Salt Lake City, Utah, this day of , 606 2023. 607 608 CHAIRPERSON 609 610 ATTEST AND COUNTERSIGN: 611 612 613 CITY RECORDER 614 615 APPROVED AS TO FORM: 616 617 618 Senior City Attorney 619 620 Transmitted to Mayor on 621 622 Mayor's Action: Approved. Vetoed. 623 624 625 626 MAYOR 627 628 629 630 15 LEGISLATIVE DRAFT 631 CITY RECORDER 632 633 634 (SEAL) 635 636 637 Bill No. of 2023. 638 Published: 16 TITLE 16 AIRPORTS Definitions 16.04 Airport Master Plan Exterior Boundaries 16.08 Airport Location And Regulations 16.12 General Flight Regulations 16.16 Traffic Pattern (Rep. by Ord. 77-04§§ 17, 18, 19, 20, 2004) 16.20 Running Engines 16.24 Taxiing Of Aircraft 16.28 Takeoff Procedures 16.32 Landing Rules 16.36 Aircraft Parking Rules 16.40 Noise Restrictions 16.44 Fire Protection 16.48 Refueling And Defueling 16.52 Aeronautical Services; Leasing Airport Property 16.56 Motor Vehicle Operation 16.60 Violation, Penalty And Enforcement 16.64 CHAPTER 16.04 DEFINITIONS SECTION: 16.04.010: Definitions, Generally 16.04.020: Acrobatic 16.04.030: Aircraft Operations 16.04.040: Aircraft Parking Area 16.04.050: Airport 16.04.060: Airport Rules And Regulations 16.04.070: Air Traffic 16.04.080: City 16.04.090: Commercial Vehicle 16.04.100: Control Tower 16.04.110: Director 16.04.120: Doping 16.04.130: Engaging In Aerial Applications 16.04.140: Engaging In Aircraft Fuel And Oil Dispensing Service 16.04.150: Engaging In Aircraft Rental 16.04.160: Engaging In Aircraft Sales 16.04.170: Engaging In Airframe And/Or Power Plant Repair 16.04.180: Engaging In Air Transportation Service 16.04.190: Engaging In Commercial Flight Service 16.04.200: Engaging In Multiple Service 16.04.210: Engaging In Radio, Instrument Or Propeller Service 16.04.220: Engaging In Training School 16.04.230: FAA 16.04.240: FAR 16.04.250: Fixed Base Operator 16.04.260: General Aviation 16.04.270: Itinerant Operations 16.04.280: Landing Area 16.04.290: Local Aircraft Operations 16.04.300: Mayor 16.04.310: Motor Vehicle 16.04.320: Owner 16.04.330: Parking Area 16.04.340: Pedestrian 16.04.350: Person 16.04.360: Providing An Aircraft Parts House 16.04.370: Ramp 16.04.380: State 16.04.390: Traffic 16.04.400: Vehicle 16.04.410: Zones 16.04.010: DEFINITIONS, GENERALLY: The following words and phrases, whenever used in this title, shall be defined as provided in this chapter unless a different meaning is specifically or more particularly described. (Prior code§2-1-3) 16.04.020: ACROBATIC: "Acrobatic" means maneuvers intentionally performed by an aircraft involving an abrupt change in its altitude, an abnormal altitude or an abnormal acceleration thereof. (Prior code§2-1-4) 16.04.030: AIRCRAFT OPERATIONS: "Aircraft operations" means an aircraft arrival at or departure from the airport, with or without FAA airport traffic control service. (Prior code§2-1-5) 16.04.040: AIRCRAFT PARKING AREA: "Aircraft parking area" means the area or areas of the airport set aside and designated for the parking of aircraft. (Prior code§2-1-6) 16.04.050: AIRPORT: "Airport" means the city's department of airports, and all property owned or operated by the city through its department of airports, including the Salt Lake City International Airport, the Tooele Valley Airport, as they now exist or as may hereafter be expanded and exist, together with all their appurtenant facilities, and any other airport owned or operated by the city.A territorial division thereof may be designated by number. (Ord. 3-17, 2017) 16.04.060: AIRPORT RULES AND REGULATIONS: "Airport rules and regulations" means the provisions of this title, as amended, and any rules and regulations issued by the director. (Prior code§2-1-8) 16.04.070: AIR TRAFFIC: "Air traffic" means aircraft in operation anywhere in the airspace above and on the surface of the area embraced by the airport, and normally used for the movement of aircraft. (Prior code§2-1-9) 16.04.080: CITY: "City" means and has reference to Salt Lake City, a municipal corporation of the state of Utah. (Prior code§2-1-10) 16.04.090: COMMERCIAL VEHICLE: "Commercial vehicle" means a vehicle used or maintained for the transportation of persons or property for hire, compensation or profit. (Prior code§2-1-11) 16.04.100: CONTROL TOWER: "Control tower" means the FAA air traffic control tower at Salt Lake City International Airport. Whenever used within this title, it shall refer to operations at Salt Lake City International Airport only. (Prior code§2-1-12) 16.04.110: DIRECTOR: "Director" means the duly appointed and qualified department head of the city department designated as the"department of airports", selected and appointed by the mayor with the recommendation of the airport board and with the advice and consent of the city council. (Ord. 86-98§7, 1998: prior code§2-1-13) 16.04.120: DOPING: "Doping" means the application of a preparation to strengthen and tighten aircraft fabric. (Prior code§2-1-14) 16.04.130: ENGAGING IN AERIAL APPLICATIONS: "Engaging in aerial applications" means a person engaged in the business of aerial crop dusting, spraying or firefighting. (Prior code §2-1-15) 16.04.140: ENGAGING IN AIRCRAFT FUEL AND OIL DISPENSING SERVICE: "Engaging in aircraft fuel and oil dispensing service" means a person engaged in the business of dispensing fuels and oil and other related services. (Prior code§2-1-16) 16.04.150: ENGAGING IN AIRCRAFT RENTAL: "Engaging in aircraft rental" means a person engaged in the rental of aircraft. (Prior code§2-1-17) 16.04.160: ENGAGING IN AIRCRAFT SALES: "Engaging in aircraft sales" means a person engaged in the sale of new and/or used aircraft. (Prior code§2-1-18) 16.04.170: ENGAGING IN AIRFRAME AND/OR POWER PLANT REPAIR: "Engaging in airframe and/or power plant repair" means a person engaged in the business of repairing or servicing aircraft airframes or power plants. (Prior code§2-1-19) 16.04.180: ENGAGING IN AIR TRANSPORTATION SERVICE: "Engaging in air transportation service" means a person engaged in the transportation of a person or persons and/or property according to the applicable following conditions: A. A certified air carrier which holds a certificate of public convenience and necessity issued under section 401 of the federal aviation act of 1958, as amended, or its successor, other than an air carrier which holds a certificate of public convenience and necessity for supplemental air service; B. A supplemental air carrier as defined in title 1, general provisions definitions, section 101(32)of the federal aviation act of 1958, as amended, or its successor; or C. An air taxi operator subject to part 298, as amended, of the economic regulations of the civil aeronautics board and engaged directly in air transportation of passengers and/or property and who does not hold a certificate of public convenience and necessity issued by the civil aeronautics board pursuant to section 401 of the federal aviation act of 1958, as amended, or its successor, or other economic authority issued by the civil aeronautics board. (Prior code§2-1-20) 16.04.190: ENGAGING IN COMMERCIAL FLIGHT SERVICE: "Engaging in commercial flight service" means a person engaged in commercial air activities such as, but not limited to, banner towing, aerial advertising, aerial photography, aerial survey, firefighting, fire patrol, pipeline patrol, power line patrol, cloud/fog seeding operations, or any other operations including FAR part 135 operations. (Prior code§2-1-23) 16.04.200: ENGAGING IN MULTIPLE SERVICE: "Engaging in multiple service" means a person engaged in two (2)or more commercial aeronautical activities. (Prior code§2-1-21) 16.04.210: ENGAGING IN RADIO, INSTRUMENT OR PROPELLER SERVICE: "Engaging in radio, instrument or propeller service" means a person engaged in the sales and service of aircraft radios, instruments or propellers, and shall include repairs and installations of new and/or used aircraft radio equipment and parts, aircraft instruments, or propellers. (Prior code§2-1-22) 16.04.220: ENGAGING IN TRAINING SCHOOL: "Engaging in training school" means a person engaged in conducting a pilot flight training school instruction as is necessary to prepare a student pilot to take a written examination and flight check ride for obtaining a pilot certificate or appropriate aircraft rating from the FAA. (Prior code§2-1-24) 16.04.230: FAA: "FAA" means the federal aviation administration. (Prior code§2-1-25) 16.04.240: FAR: "FAR" means the federal aviation regulations. (Prior code§2-1-26) 16.04.250: FIXED BASE OPERATOR: "Fixed base operator" means a person, subject to the provisions of a lease with the city, engaging in the selling, servicing, renting or leasing of new and/or used aircraft, parts, aircraft accessories and hardware; custom repair, overhauling and modification of general accessories and hardware; overhauling and modification of aircraft and/or aircraft equipment; and includes the conducting of charter flight services, aerial photography, advertising, mapmaking, aerial firefighting or crop dusting services. (Prior code§2-1-27) 16.04.260: GENERAL AVIATION: "General aviation" means and shall include all phases of aviation other than aircraft manufacturing, military aviation scheduled and nonscheduled, and regulated air carrier operations. (Prior code§2-1-28) 16.04.270: ITINERANT OPERATIONS: "Itinerant operations" means all aircraft arrivals and departures other than local aircraft operations. (Prior code§2-1-29) 16.04.280: LANDING AREA: "Landing area" means the runways, taxiways, intermediate turnoffs, and adjoining areas. (Prior code§2-1-30) 16.04.290: LOCAL AIRCRAFT OPERATIONS: "Local aircraft operations" means: A. Aircraft operating only in local traffic pattern or within sight of the tower at the airport; B. Aircraft that are known to be departing from, or arriving from,flight in local practice areas located within a twenty(20) mile radius of the control tower at the airport; and C. Aircraft making simulated instrument approaches or low passes at the airport. (Prior code§2-1-31) 16.04.300: MAYOR: "Mayor" means the duly elected or appointed and qualified chief executive and administrative officer of Salt Lake City, or his/her authorized representative. (Prior code§2-1-32) 16.04.310: MOTOR VEHICLE: "Motor vehicle" means any vehicle propelled by an internal combustion or electric motor. (Prior code§2-1-33) 16.04.320: OWNER: "Owner", when referring to vehicles or aircraft, means a person who holds the legal title to any aircraft or vehicle. If such aircraft or vehicle is the subject of any agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement coupled with an immediate right of possession vested in the conditional vendee or lessee, or, in the event the mortgagor of any aircraft or vehicle is entitled to possession, then such conditional vendee, lessee or mortgagor thereof shall be deemed the owner for purposes of this title. (Prior code§2-1-34) 16.04.330: PARKING AREA: "Parking area" means any portion of the airport which is set aside for parking of vehicles. (Prior code§2-1-35) 16.04.340: PEDESTRIAN: "Pedestrian" means any person traveling afoot within the borders of the airport. (Prior code§2-1-36) 16.04.350: PERSON: "Person" means and includes a natural person, copartnership,firm, association or corporation. (Prior code§2-1-37) 16.04.360: PROVIDING AN AIRCRAFT PARTS HOUSE: "Providing an aircraft parts house" means a person engaged in the business of storing and dispensing aircraft parts. (Prior code§2- 1-38) 16.04.370: RAMP: "Ramp" means a paved area of the airport normally used for the parking and taxiing of aircraft. (Prior code§2-1-39) 16.04.380: STATE: "State" means and has reference to the state of Utah. (Prior code§2-1-40) 16.04.390: TRAFFIC: "Traffic" means pedestrians and vehicles, either singly or together,while using any roadway or walkway within the airport. (Prior code §2-1-41) 16.04.400: VEHICLE: "Vehicle" means a device in, upon or by which any person or property is or may be propelled, moved,transported, hauled or drawn upon any roadway within the airport. (Prior code§2-1-42) 16.04.410: ZONES: A. "Bus zone" means that space reserved for loading and unloading buses. B. "Limousine zone" means that space reserved for loading and unloading limousines. C. "Loading gate" means that space reserved for loading and unloading aircraft. D. "Loading ramp" means equipment used in loading and unloading aircraft. E. "Loading zone" means that space adjacent to a curb, reserved for the exclusive use of vehicles during the loading or unloading of passengers, property or materials. F. "Taxicab stand" means the space reserved for loading and unloading taxicabs. (Prior code§2-1-43) CHAPTER 16.08 AIRPORT MASTER PLAN EXTERIOR BOUNDARIES SECTION: 16.08.010: Declaration Of Policy 16.08.020: Salt Lake City International Airport Boundaries 16.08.030: Salt Lake City Airport II And Tooele Valley Airport Boundaries 16.08.010: DECLARATION OF POLICY: The city council finds that: A. Aircraft transportation of all kinds is rapidly accelerating and expanding in all its fields and requires and will require increasingly larger areas for landing facilities, terminal facilities,warehouse facilities, hangar and other facilities to accommodate such transportation; B. Salt Lake City International Airport and Airport II are situated in the center of the great intermountain west, and as such will attract and serve an ever expanding aircraft transportation system and efforts are being made to increase the number of airlines using said airports; C. In order to meet the needs of the aircraft industry using such airports, it is necessary that immediate steps be taken to enlarge the airports and their facilities; D. It is necessary that the city make plans for the enlargement of the airports to provide the necessary accommodations and to protect the air space needed therefor; E. It is further necessary to adopt a master plan which will define and fix the exterior boundaries of the area necessary for the orderly and convenient expansion of such airport facilities in order to keep abreast of the needs and requirements of the air transportation industry which the airports should and will serve. (Ord. 88-86§ 12, 1986: prior code§2-17-1) 16.08.020: SALT LAKE CITY INTERNATIONAL AIRPORT BOUNDARIES: The boundaries of the Salt Lake City International Airport shall be as set forth in the records of the Salt Lake County recorder, which may be restated in airport rules and regulations. (Ord. 77-04§2, 2004: Ord. 43-93§ 1, 1993: prior code§2-17-2) 16.08.030: SALT LAKE CITY AIRPORT II AND TOOELE VALLEY AIRPORT BOUNDARIES: A. The boundaries of the Salt Lake City Airport II shall be as set forth in the records of the Salt Lake County recorder,which may be restated in airport rules and regulations. B. The boundaries of the Tooele Valley Airport shall be as set forth in the records of the Tooele County recorder,which may be restated in airport rules and regulations. (Ord. 77-04§ 3, 2004: Ord. 56-94§ 1, 1994: prior code§2-17-3) CHAPTER 16.12 AIRPORT LOCATION AND REGULATIONS SECTION: 16.12.010: Salt Lake City International Airport 16.12.020: Salt Lake City Airport II Article I. General Regulations 16.12.030: Rules And Regulations; Adoption And Contents 16.12.040: All Regulations Applicable To The Airport 16.12.050: Use Of Airport Property; Permission Required 16.12.060: Commercial Activities; Permit Requirements 16.12.070: Conduct Of Aviation Business 16.12.080: Conduct Of General Business 16.12.090: Persons Employing Professional Skills 16.12.100: Guests Of Pilots And Operators; Responsibility 16.12.110: Users And Visitors; Risk And Liability 16.12.120: Revocation Of Use Privilege 16.12.130: Use Of Airport Facilities; Restricted Areas 16.12.140: Terminal Use Fees; Aircraft And Passenger Services 16.12.150: Terminal Use Fees; Annual Space Rental 16.12.155: Apron Use Fees; Off Airport In Flight Caterers 16.12.160: Landing Fees 16.12.170: Cargo Carrier Ramp Use Fee 16.12.180: Aircraft Parking Fees 16.12.190: Fuel Royalties 16.12.195: Customer Facility Charge 16.12.200: Funds; Disposition And Accounting 16.12.210: Repairs To Aircraft 16.12.220: Advertising Materials 16.12.225: Graphics Standards 16.12.230: Auctions And Sales 16.12.240: Commercial Photography 16.12.250: Animals 16.12.260: Firearms And Explosives 16.12.270: Roads And Walks 16.12.280: Sanitation And Littering 16.12.285: Deposit Or Leakage Of Materials Onto Airport Premises 16.12.290: Pedestrians On Runways Or Taxiways 16.12.300: Tampering With City Property 16.12.310: Flying Of Model Airplanes And Other Objects 16.12.320: Trespass And Damage To Property 16.12.325: Hunting And Shooting Prohibited 16.12.330: Abandoning Airplanes,Vehicles Or Other Property 16.12.340: Tampering With Aircraft Prohibited 16.12.350: Unlawful Entry Of Hangars Or Other Buildings 16.12.360: Liability For Damage To Airport Property Article II. Soliciting And Freedom Of Expression 16.12.370: Soliciting Or Canvassing; Prerequisites 16.12.380: Freedom Of Expression; Purpose Of Provisions 16.12.390: Permit Required; Soliciting Restrictions 16.12.400: Prohibited Conduct And Activities 16.12.410: Permit Issuance Conditions 16.12.420: Solicitation Booth Requirements 16.12.430: Apportionment Of Available Space 16.12.440: Relocation Of Activities 16.12.450: Face To Face Discussions; Conditions 16.12.460: Face To Face Discussions; Conduct Prohibited 16.12.010: SALT LAKE CITY INTERNATIONAL AIRPORT: A. Location: Salt Lake City International Airport is four(4)miles west of the downtown business section of Salt Lake City at an elevation of four thousand two hundred twenty six feet(4,226'). B. Traffic Pattern:The normal traffic pattern for aircraft using the west runway is a rectangular path to the west of the airport. The traffic pattern for aircraft using the east runway is a rectangular path to the east of the airport. C. Altitude Restrictions: It is unlawful to operate an aircraft over the city at an altitude of less than two thousand feet(2,000') above the ground. This provision does not apply to: 1. Aircraft flying a normal traffic pattern in the process of landing at or takeoff from Salt Lake City International Airport; or 2. Flights pursuant to subsection 16.16.180A of this title; or 3. Flights under two thousand feet(2,000')authorized by the mayor in writing when there is a demonstration of need; restrictions are imposed by the mayor requiring the low altitude flight be consistent with FAR 91.79; and the filing with the city of adequate insurance or other security(approved as to form by the city attorney), sufficient to protect the city and the public. D. Runways: Salt Lake City International Airport has three(3)runways,two (2)north-south and one northwest-southeast. 1. Runway 34L-16R is a precision instrument runway and will accommodate aircraft with weights up to three hundred twenty thousand (320,000)pounds (dual tandem gear rated). 2. Runway 34R-16L is normally used by general aviation aircraft. It will accommodate aircraft with weights up to two hundred sixty thousand (260,000) pounds (dual tandem gear rated). 3. Runway 32-14 is normally used by general aviation aircraft. It will accommodate aircraft having a total weight of thirty five thousand (35,000) pounds or less. (Ord. 65-86§ 1, 1986: prior code§2-1-1) 16.12.020: SALT LAKE CITY AIRPORT II: A. Location: Salt Lake City Airport II is eleven (11)miles south of Salt Lake City International Airport at an elevation of four thousand six hundred five feet(4,605'). It is used by general aviation aircraft only. UNICOM radio facilities, runway and taxiway lights, fixed base operator facilities, and hangars are available. B. Traffic Patterns: The traffic patterns for Salt Lake City Airport II are rectangular patterns west of the airport. C. Runways: The runway alignment at Salt Lake City Airport II is 34-16, one hundred feet by five thousand six hundred four feet (100'x 5,604'), paved and lighted. The runway will accommodate aircraft with weights of thirty five thousand (35,000) pounds or less. (Prior code§2-1-2) I ARTICLE 1. GENERAL REGULATIONS 16.12.030: RULES AND REGULATIONS; ADOPTION AND CONTENTS: A. Subject to approval by the mayor, the director shall have the power and authority and is hereby empowered and authorized, upon the basis of passenger flow, security reasons or where necessitated by the peculiar character of the airport, to adopt reasonable rules and regulations pertaining to the solicitations of contributions for charitable, religious or political purposes on the airport. B. Such rules and regulations may provide for the following: 1. Conducting such activities in such manner as to maintain a free flow of pedestrians and vehicular traffic, maintain security of the airport, and avoid excessive disruption of normal activities and movement of passengers and vehicles; 2. Designating areas upon the airport in which such activities may not be conducted; 3. Determining the number of persons who may engage in such activities at any specific time and the duration of the activity. (Prior code§2-2-14) 16.12.040: ALL REGULATIONS APPLICABLE TO THE AIRPORT: No person shall commit any violation of this code, as amended,while on the airport. For the purposes of this section, the airport shall be deemed to be a public place. (Prior code§2-14-1) 16.12.050: USE OF AIRPORT PROPERTY; PERMISSION REQUIRED: A. Permission granted by the city or an authorized agent thereof, expressly or by implication,to enter upon or use the airport or any part thereof, including aircraft owners, operators, pilots, crew members, mechanics, servicemen and passengers, spectators, sightseers, officers and employees of airlines, agents and employees of sales agencies, flight operators, lessees and other persons occupying space at the airport, persons doing business with the airport, its lessees, sublessees and permittees and all other persons whatsoever, shall be upon an implied agreement to comply with airport rules and regulations. B. All general aviation aircraft normally based at the airport shall have such aircraft registered with a fixed base operator or the director.The registration must include type and make of aircraft, aircraft registration number, the owner's name, address and telephone number and next of kin. C. The airport management shall have the authority to take such steps as may be necessary for the handling, policing and protection of the public while present at the airport, subject to the review of the director. (Prior code§2-2-1) 16.12.060: COMMERCIAL ACTIVITIES; PERMIT REQUIREMENTS: No person shall use the airport, or any portion thereof, for any revenue producing commercial activity without first obtaining an appropriate permit for such activity from the director and paying the rates and charges prescribed for such use. No person not so authorized shall operate, service or repair aircraft or carry on any business of any nature upon the airport premises. (Prior code§2- 2-7) 16.12.070: CONDUCT OF AVIATION BUSINESS: Any person wishing to use the airport as a base for conducting a business in any form of commercial aviation, including building of structures, shall first make application in writing and secure permission from the director, and shall pay the fees and charges prescribed for such use.The carrying of passengers for hire or reward, including, but not limited to, air taxi, charter or rental, for the purpose of this title, is considered to be a conduct of aviation business. (Prior code§2-2-8) 16.12.080: CONDUCT OF GENERAL BUSINESS: Any person wishing to engage in the business or concession of selling food, refreshments or any other commodity or service upon the airport or upon any land acquired by the city for use in connection with the airport, or upon or in any of the buildings, structures, land, parking places,walkways, roadways or other facilities used or operated in connection with the airport, shall make application in writing and secure permission from the director, and shall pay the fees and charges prescribed for such use. (Prior code§2-2-9) 16.12.090: PERSONS EMPLOYING PROFESSIONAL SKILLS: Any person wishing to use the airport, its facilities and services,for the purpose of utilizing his or her professional skill or the professional skill of his or her employees for profit, shall possess all applicable licenses, shall make a written application therefor and procure permission from the director, and shall pay the fees and charges prescribed for such use. (Ord. 77-04§4, 2004: prior code§ 2-2-10) 16.12.100: GUESTS OF PILOTS AND OPERATORS; RESPONSIBILITY: The provisions of this title shall apply to pilots, owners and operators of private aircraft and vehicles, and they shall be responsible for the observance of airport rules and regulations by persons accompanying them as their guests, invitees, students or passengers. (Prior code§2-2-12) 16.12.110: USERS AND VISITORS; RISK AND LIABILITY: Persons visiting or using the airport and its facilities shall do so at their own risk and shall assume full responsibility for their own acts and the acts of their agents, employees, guests and invitees, and shall save and hold harmless and defend the city, its officers, employees and agents from liability for any loss, damage or injury resulting from their use thereof, and shall save and hold harmless and defend the city, its officers, employees and agents from the claims of others arising out of such use when such use is in the course of any business transaction or other matter whatsoever with such user and at the latter's request, solicitation, invitation, permission or license. (Prior code§2-2-2) 16.12.120: REVOCATION OF USE PRIVILEGE: Any person refusing to comply with this title or airport rules and regulations may be removed from the airport upon order of the director and may be deprived of further use of the airport and its facilities. (Ord. 70-04§ 1, 2004: prior code§2-2-3) 16.12.130: USE OF AIRPORT FACILITIES; RESTRICTED AREAS: A. Entering Posted Areas: No person shall enter any restricted area except by permission of the director, which permission shall be in the form of appropriate identification. Such identification must be worn on the left front side of the outer garment at all times a person is within any such restricted area, except when actually handling cargo/baggage, performing aircraft/equipment maintenance, or during inclement weather, when the badge must be presented upon request. No person shall use the identification of another or allow another person to use his or hers. B. Disclosure Of Confidential Information: No person may disclose confidential information regarding security to any person not authorized to have the information.This includes, but is not limited to, disclosing combinations to combination locking devices used for airport security purposes. C. Duplication Of Airport Keys: No person may duplicate keys or keying devices without permission from the director. D. Screening Requirements: No person shall be in any area beyond the screening checkpoints unless that person has been screened in compliance with federal requirements or is exempt therefrom. E. Security: No tenant or its employees shall allow or permit any person or vehicle to enter any area except that immediately controlled by the tenant unless that person or vehicle is properly escorted or badged/marked as required by security regulations. F. Perimeter Gates: No person with a gate access card shall leave a perimeter gate open after entering or exiting therethrough unless the gate is attended. (Ord. 42-87§ 1, 1987: prior code§2-2-21) 16.12.140: TERMINAL USE FEES; AIRCRAFT AND PASSENGER SERVICES: There is imposed on any person using the passenger terminal facilities of Salt Lake City International Airport for enplaning or deplaning passengers into or from transport type aircraft the following fees for the use of aircraft apron facilities, baggage claim facilities and other common and public use facilities: A. For twenty two (22)or fewer flights in a calendar month, a use fee for the joint bag claim and other facilities will be computed as shown on the Salt Lake City consolidated fee schedule plus a use fee shown on the Salt Lake City consolidated fee schedule, per flight. B. For more than twenty two(22)flights in a calendar month, a use fee for the joint bag claims and other facilities will be computed as shown on the Salt Lake City consolidated fee schedule plus a use fee shown on the Salt Lake City consolidated fee schedule per flight for the first twenty two (22)flights. For flights in excess of twenty two (22) in a calendar month, only the use fee for the joint bag claims as computed per passenger enplaned and shown on the Salt Lake City consolidated fee schedule will be imposed. C. If the international arrivals building is used, a use fee shown on the Salt Lake City consolidated fee schedule. D. For use of the executive terminal on the east side of Salt Lake City International Airport, a use fee shown on the Salt Lake City consolidated fee schedule, per flight. E. Any airline having a valid and existing (not terminated or expired)agreement with the city covering the use of baggage claim and terminal facilities at Salt Lake City International Airport shall be exempt from the use fee imposed by subsections A and B of this section. (Ord. 24-11, 2011) 16.12.150: TERMINAL USE FEES; ANNUAL SPACE RENTAL: A. There is hereby imposed on any person not having a valid and existing (not terminated or expired)agreement or permit from the city a use fee, computed by multiplying the number of square feet of space in the terminal used exclusively by any person by the annual rent rate per square foot of space in the terminal as is from time to time being charged commercial airlines in accordance with the formula in exhibit C, part I(b)of the airport use agreement dated July 1, 1978, and designated by the algebraic symbol "RM". B. The annual rental rate for basement and baggage make up space shall be charged in the above manner at the rate of 0.5 RM. Payment of said use fee or acceptance of payment of said use fee shall not be construed as creating any type of tenancy whatsoever or as authorizing the continued use or occupancy of such space. (Prior code§2-2-27) 16.12.155: APRON USE FEES; OFF AIRPORT IN FLIGHT CATERERS: A. There is imposed upon any person engaging in food and beverage in flight catering services at the airport whose business premises is at a location other than on the airport, a fee for use of the aircraft apron or parking area and related facilities and other common and public use facilities at the airport. B. The fee for such use shall be seven percent(7%)of such person's gross sales at the airport. Within fifteen (15)days of the end of each month such person shall provide an audited statement to the director or his designee showing such person's actual gross receipts for sales at the airport, accompanied by a check for said percentage of gross sales. City shall have the right to audit such person's records, concerning such sales, at any time during normal business hours. C. Any person who fails to comply with the foregoing may be prohibited from obtaining access to the airport apron or parking area and related facilities. D. "Engaging in food and beverage in flight catering services" means a person engaged in the business of preparing food and beverages and using or supplying such to others for use at or on aircraft flights from the airport. (Ord. 76-90§ 1, 1990) 16.12.160: LANDING FEES: A. Computation: There is hereby imposed on every operator engaged in the business of transporting by air persons or property for hire, including, but not limited to, travel clubs, common carriers, contract carriers, foreign air carriers and charter operators, a landing fee for each aircraft(fixed wing)landing made at Salt Lake City International Airport.The landing fee shall be computed by multiplying the landing fee rate, as amended from time to time and charged to commercial airlines in accordance with the formula in exhibit C, part I(a)of the airport use agreement with participating air carriers dated July 1, 1978, by the number of thousands of pounds, or fraction thereof, of certified maximum gross landing weight, as defined in the federal air regulations, of the aircraft, whether the aircraft is actually in revenue service or not. B. Exemptions: 1. Any air carrier that has a valid and existing (not terminated or expired)airport use agreement with the city providing for the payment of landing fees for use of Salt Lake City International Airport shall be exempt from the landing fee imposed by this section. 2. Any such operator that is a fixed base operator based at Salt Lake City International Airport and operates a charter or air taxi service on a request basis shall, unless such operator has a valid and existing agreement with the city providing for the payment of landing fees as established by ordinance, be exempt from the landing fee imposed by this section. C. Helicopters:There is hereby imposed on every operator, not otherwise exempt, of a helicopter for the carriage of persons or property for hire for a landing fee for each helicopter landing made at Salt Lake City International Airport as shown on the Salt Lake City consolidated fee schedule, per landing, regardless of weight. D. Landing Defined: The term "landing"as used in this section means and includes all landings,whether revenue or nonrevenue. The foregoing notwithstanding, the term "landing",for purposes of landing fee computation, shall not include the situation where an aircraft departs from the Salt Lake City International Airport for another destination and, without making a stop at another airport, said aircraft is forced to return to and land at Salt Lake City International Airport because of meteorological conditions, mechanical or operating causes, or for similar emergency or precautionary reasons. (Ord. 24-1 1, 201 1) 16.12.170: CARGO CARRIER RAMP USE FEE: A. Imposed: There are hereby imposed on every operator, engaged in the business of transporting property by air for hire, cargo carrier ramp use fees for each separate use of the cargo ramp facility at Salt Lake City International Airport. The cargo carrier ramp use fee shall be computed on an annual basis by the city,for each fiscal year,first determining the cost of: 1. Investment by the city for construction of the ramp; 2. Associated site development costs; 3. Administrative and maintenance costs; 4. A percentage equal to two percent(2%)of the total costs as outlined above representing the city's return on this investment. B. Cost Formula: The investment costs associated with the ramp shall be amortized over a twenty(20)year period for the purpose of determining a yearly investment cost at an interest rate equal to the rate charged participating airlines for city investment as detailed in the airport use agreements. The city shall then take the sum of the yearly investment cost, the cost of administration and maintenance, and the percentage return on city investment, and shall allocate them as follows: 1. Thirty five percent(35%)of total yearly cost to aircraft usage; 2. Sixty five percent(65%)of total yearly cost to gross weight. C. Fee Determination:After these costs are allocated, fees to be charged to aircraft using the facilities shall be determined as follows: 1. The amount determined in subsection B1 of this section shall be divided by the total number of aircraft utilizing the cargo ramp facilities in the prior year to determine a flat rate fee to be charged to each aircraft per use. 2. The amount determined in subsection B2 of this section shall be divided by the total gross certified landing weight of aircraft utilizing the cargo ramp in the prior year to establish a basic rate per one thousand (1,000)pounds, or fraction thereof, of maximum gross certified landing weight and shall be charged according to each aircraft per use. D. Payment: Bills shall be submitted to the airline on a monthly basis and shall be payable within thirty(30)days of day of receipt. (Ord. 24-11, 2011) 16.12.180: AIRCRAFT PARKING FEES: A. There are established the following classes of fees for the parking of aircraft at the Salt Lake City International Airport: 1. Monthly parking fees for airport based aircraft on airport controlled space, as shown on the Salt Lake City consolidated fee schedule. 2. Daily transient aircraft parking fees on airport controlled space, as shown on the Salt Lake City consolidated fee schedule. B. Any person engaging in air transportation services having an assigned gatehold shall be exempt from all parking fees in this section. (Ord. 24-11, 2011) 16.12.190: FUEL ROYALTIES: A. There is imposed upon any person offering aviation fuel for sale upon the airport the following royalties: 1. A fuel royalty equal to six cents($0.06)per gallon of fuel delivered to any person at the airport. B. Any person selling fuel at the airport shall, on or before the twelfth day of each month submit to the city a detailed statement showing all fuel delivered to such person during the preceding calendar month. The city shall then bill such person for the preceding calendar month,taking into account the customary shrinkage allowance of two percent(2%). Such bill shall be paid within ten (10) days of the receipt thereof from the city. C. Any person required to and paying a landing fee imposed by section 16.12.160 of this chapter, or its successor, or required by an existing agreement shall be exempt from the provisions of this section. (Ord. 28-96§ 1, 1996: Ord. 68-90§ 1, 1990: prior code§ 2-2-28) 16.12.195: CUSTOMER FACILITY CHARGE: A. There is hereby imposed a customer facility charge (CFC)on each transaction day, up to and including a maximum of twelve (12)days per contract,for the rental of a vehicle from an on airport rental car company(airport rental car company). B. The executive director of the Salt Lake City department of airports or designee is authorized to implement and administer the CFC program on behalf of the city, through concession and/or lease contracts or other means, including,without limitation, the rules and regulations of the airport. The CFC charges may be precollected for future use, as specified in section 16.12.200 of this chapter. C. The CFC shall not exceed five dollars ($5.00) per transaction day during the first year following the effective date. Thereafter, the method of calculating the CFC and the amount of such CFC shall be determined by the executive director of the Salt Lake City department of airports on behalf of the city. However, the CFC shall not exceed ten dollars($10.00)per transaction day. City may at any time and for any reason, change the amount of the CFC or discontinue it upon written notice to any affected airport rental car company. D. The airport rental car company shall collect the CFC and shall hold the CFC in trust for the benefit of the city. The CFC at all times shall be property of the city and the airport rental car company shall have no ownership or property interest in the CFC. The airport rental car company shall segregate, separately account for and disclose all CFCs as trust funds in its financial statements, and shall maintain adequate records that account for all CFCs charged and collected. E. Airport rental car companies shall list the CFC separately on its customer invoice, describing it as a "customer facility charge". F. The airport rental car company shall remit directly to the Salt Lake City department of airports on a monthly basis all CFCs that were collected or should have been collected from its airport customers. The CFCs shall be received no later than the last day of the month following the month in which the CFCs were collected. G. The airport rental car company shall submit to the Salt Lake City department of airports on a monthly basis a transaction report,which includes transaction days, a summary of daily business transactions in connection with the airport, an accounting of all fees charged to airport customers in connection with such transactions, and such other information as required by city in form and substance satisfactory to the Salt Lake City department of airports. (Ord. 9-1 1, 201 1) 16.12.200: FUNDS; DISPOSITION AND ACCOUNTING: A. All funds received from fuel, taxes, rentals, concessions, customer facility charges, or any other source by the airport shall be placed in the airport enterprise funds and kept separate and apart from all other city funds. The collection, accounting, and expenditure of all airport funds shall be in accordance with existing fiscal policy of the city. B. Funds received from customer facility charges shall be used for paying the city's capital costs for construction and improvement of rental car facilities at the airport, including costs that support environmental sustainability; paying a pro rata share of city's costs for joint use infrastructure, such as roadways, ready return and quick turnaround areas allocable to rental car usage; building reserves for renewal and replacement capital costs; paying common costs of a shuttle bus operation for rental car customers;funding transportation costs and other costs associated with interim operations during construction phasing and relocation of rental car operations; paying the city's costs for infrastructure for future lease areas for service center, including site prep; funding debt service associated with rental car facilities; or funding city's costs for such other rental car related purpose as the city determines. (Ord. 9-11, 2011) 16.12.210: REPAIRS TO AIRCRAFT: A. No aircraft, aircraft engine, propeller or appliance shall be repaired in any area of the airport other than that area specifically designated or approved by the director. The director has designated that a person who properly leases an enclosed hangar at the airport may make or cause to be made necessary repairs, maintenance and inspections that are required by federal aviation regulations to maintain the aircraft in an airworthy condition when the same are not otherwise prohibited by this title, but only for the aircraft listed in the lease. B. No repair will be made on any aircraft in a hangar other than that aircraft normally assigned to that hangar. Corporate aircraft maintenance hangars or areas, however, are considered as designated repair areas for maintenance on their own corporate aircraft. C. All repairs on aircraft are to be made by properly certified mechanics, except those items of"preventive maintenance" performed by the owner or operator in accordance with the provisions of FAR, part 43. D. Items of preventive maintenance may be performed in tiedown areas. (Ord. 77-04§ 5, 2004: prior code§2-2-22) 16.12.220: ADVERTISING MATERIALS: No person shall post, distribute or display signs, advertisements, circulars, printed material or written matter at the airport, without the written permission of the director. This section shall not apply when such distribution or displays are for religious, charitable or political purposes,which events shall be controlled by all other applicable provisions. (Ord. 88-86§8, 1986: prior code§2-2-15) 16.12.225: GRAPHICS STANDARDS: No person shall knowingly violate airport graphics standards as they shall be established and changed from time to time by the director. (Ord. 42-87§ 11, 1987: prior code§2-19-19) 16.12.230: AUCTIONS AND SALES: There shall be no auctions or other special sales held on any airport property without the prior consent of, and in the manner prescribed by, the director. (Prior code§2-2-23) 16.12.240: COMMERCIAL PHOTOGRAPHY: No person shall take still, motion or sound pictures at the airport for commercial purposes without the permission of the director. (Prior code§2-2-16) 16.12.250: ANIMALS: Animals may be permitted at the airport if controlled by a leash or other means which will secure the control thereof by the owner or person in charge of the same. No person shall bring an animal to the airport except under complete control. No person while at the airport shall allow any animal to escape from such person's control.Any person bringing an animal to the airport agrees to indemnify fully, defend and save and hold harmless the city, its officers, agents and employees from and against all losses, damages, claims, liabilities and causes of action of every kind or character and nature, as well as costs and fees, including reasonable attorney fees connected therewith and expenses of the investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused by the negligence of such person. The city shall give to such person prompt and reasonable written notice of any such claim or action and such person shall have the right to investigate, compromise and defend the same to the extent of his or her own interest. (Ord. 77-04§6, 2004: Ord. 88-86§9, 1986: prior code§2-2-18) 16.12.260: FIREARMS AND EXPLOSIVES: No person, except authorized peace officers, post office, customs, express and air carrier employees, members of the armed forces of the United States or members of the national guard, on official duty, shall carry any loaded or unloaded firearm, explosive, ammunition or other dangerous weapon or device except an unloaded firearm or ammunition being transported in a private aircraft in a manner that complies with law, or being delivered for shipment by an air carrier directly to the air freight office or the airline ticket counter in compliance with law. (Ord. 77-04§7, 2004: Ord.42-87§6, 1987: prior code§2-14-3) 16.12.270: ROADS AND WALKS: No person shall hinder or obstruct the use of any roadway or walkway provided for vehicular or pedestrian travel, or otherwise use or occupy the same except in accordance with the ordinary use thereof for the particular class of traffic involved. (Prior code§2-2-17) 16.12.280: SANITATION AND LITTERING: No person shall drop,throw or otherwise release or permit to be released upon the airport premises any garbage, paper, refuse, cans, building materials, rags, litter or other waste material, except in proper receptacles. (Prior code§2-14-2) 16.12.285: DEPOSIT OR LEAKAGE OF MATERIALS ONTO AIRPORT PREMISES: A. No person shall discard or deposit any glass, nails, wire, cans, rocks or gravel, or any other substance or material on the airport. Any such discards or deposits shall be removed at such person's expense. B. No vehicle shall be driven or moved upon the airport unless such vehicle is so constructed, loaded and/or covered so as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom. (Ord. 42-87§ 7, 1987: prior code§2-14-8) 16.12.290: PEDESTRIANS ON RUNWAYS OR TAXIWAYS: Pedestrian traffic in any form is strictly forbidden on runways, taxiways and across ramps between concourses. Exceptions may be granted by the director, in writing. (Ord. 42-87§ 1, 1987: prior code§2-2-24) 16.12.300: TAMPERING WITH CITY PROPERTY: No person shall interfere or tamper with any property of the city at the airport or ride, drive or park any vehicle or walk upon any portion of the airport not intended for such use without authorization from the director. (Prior code§2-2-6) 16.12.310: FLYING OF MODEL AIRPLANES AND OTHER OBJECTS: No person shall fly any model airplane, kite, model rocket, balloon, or other airborne device on the airport or controlled properties without the express prior written approval of the director. (Ord. 77-04§8, 2004: prior code§2-14-7) 16.12.320: TRESPASS AND DAMAGE TO PROPERTY: No person shall: A. Destroy, damage, deface or disturb in any way any building, sign, equipment, marker or other structure, tree,flower, lawn or other public property on the airport; B. Trespass on any airport property or within any building on airport property; C. Interfere or tamper with or damage any part of the airport or any equipment thereof; D. No unauthorized person shall interfere or tamper with any aircraft or start the engine of any aircraft. (Prior code§2-14-5) 16.12.325: HUNTING AND SHOOTING PROHIBITED: There shall be no hunting or shooting on the airport, its related or controlled properties without the express prior written approval of the director. (Prior code§2-14-6) 16.12.330: ABANDONING AIRPLANES,VEHICLES OR OTHER PROPERTY: No person shall park and abandon any airplane, boat, trailer, automobile, truck or other personal property within the limits of the airport. Vehicles and personal property of any nature shall be removed from the airport premises immediately upon request of the director. (Prior code§2-14-4) 16.12.340: TAMPERING WITH AIRCRAFT PROHIBITED: No person shall enter, climb upon or tamper with any aircraft without permission of the proper authority, or commit any act which would endanger an aircraft landing at, taxiing on or taking off from the airport. (Prior code§2-2-5) 16.12.350: UNLAWFUL ENTRY OF HANGARS OR OTHER BUILDINGS: No person shall enter any hangar or portion of any building occupied by any person under a lease or license from the city without consent of such licensee. However, this section does not abrogate the city's right to enter any leased hangar or building as provided in any of the city's written lease agreements, or city authority of law. (Prior code§2-2-4) 16.12.360: LIABILITY FOR DAMAGE TO AIRPORT PROPERTY: A. Any person causing damage of any kind to the airport, or any of the fixtures thereof, shall be liable for such damage to the city. Damage to field lighting or other airport facilities shall be paid for by the owner of the aircraft or vehicle involved or by the operator or pilot responsible therefor. B. Any damage to any of the physical property on the airport, its related and/or controlled properties, shall be reported immediately to the director. (Prior code§2-2-11) I SOLICITINGARTICLE 11. • OF • 16.12.370: SOLICITING OR CANVASSING; PREREQUISITES: Soliciting or canvassing by any person for any purpose whatsoever shall be prohibited within the airport, its buildings and facilities, unless written permission is obtained from the director. If an information card required by title 5, chapter 5.66 of this code is presented to the director,the director shall grant permission to conduct the solicitations at the airport, provided the information cardholder agrees to abide by reasonable rules and regulations adopted by the director as authorized by section 16.12.030 of this chapter, or its successor. (Ord. 88-86§7, 1986: prior code§2-2-13) 16.12.380: FREEDOM OF EXPRESSION; PURPOSE OF PROVISIONS: The regulations hereinafter set out are hereby declared to be necessary for the accomplishment of the following purposes: A. To ensure that persons seeking to exercise constitutional freedoms of expression can communicate effectively with users of the airport; B. To ensure adequate nearby police facilities for the protection of persons exercising their constitutional freedoms; C. To restrict such activities to public areas of airport buildings and premises; D. To protect persons using the airport from repeated communications or encounters which might constitute harassment or intimidation; E. To ensure the free and orderly flow of pedestrian traffic through the airport premises; F. To ensure that only nonprofit charitable, political or religious organizations are permitted to solicit funds on the airport premises; G. To ensure that properly authorized persons, groups and organizations seeking to solicit funds have adequate exposure to the traveling public; and H. To restrict such solicitation of funds to public areas of airport buildings and premises. (Prior code§2-2-29) 16.12.390: PERMIT REQUIRED; SOLICITING RESTRICTIONS: Any person, group or organization desiring to engage in solicitation of funds at any airport owned by the city,which solicitation involves the exercise of activities which are constitutionally protected, including, but not limited to, the distribution of noncommercial, nonobscene or any other goods of whatever nature, in conjunction with a request for a donation, the sale of any such literature or other goods, or the mere solicitation of funds, shall be allowed to engage in such activity provided that the following conditions are met: A. Such solicitation does not result in interference with the transportation function of the airport; B. The solicitation does not constitute a commercial activity; C. Such person, group or organization shall have first secured the information card required by title 5,chapter 5.66 of this code, or its successor, and D. The person, group or organization desiring to solicit funds at the airport shall first obtain a written permit therefor from the director. For purposes of obtaining such permit,there shall be submitted to the director a written application setting forth the following: 1. The full name, mailing address and telephone number of the person, group or organization sponsoring, promoting or conducting the solicitation, 2. The full name, mailing address and telephone number of the individual person or persons who will have supervision of and responsibility for the proposed solicitation, 3. The purpose of the proposed solicitation, 4. The dates and hours during which the solicitation is proposed to be carried out, and the expected duration of the proposed solicitation, and 5. The number of persons proposed to be engaged in such solicitation. (Ord. 88-86§ 10, 1986: prior code§2-2-30) 16.12.400: PROHIBITED CONDUCT AND ACTIVITIES: In the solicitation of funds, the following requirements shall apply: A. No sound or voice amplifying apparatus or noisemaking devices shall be used; B. No sign or printed matter shall be attached to any"solicitation booth", except such as may be necessary to identify the organization which is conducting the solicitation, and any such sign must conform with the airport decor and signing scheme; C. No person soliciting funds shall in any way indicate to the public that he or she is a representative of the city or the city's airports; D. Funds shall neither be demanded nor required in return for written material or other items such as flowers or candy which are proffered to the general public as"free", "gifts", or"gratuities"; and E. The solicitations referred to herein shall be conducted strictly in conformity with the terms and conditions of these regulations, and of title 5, chapter 5.66 of this code, and all other applicable laws and ordinances. (Ord. 86-98§9, 1998: prior code§2-2-31) 16.12.410: PERMIT ISSUANCE CONDITIONS: Upon receipt of an application containing information as described in subsection 16.12.390D of this chapter, or its successor, the director shall forthwith issue a permit to the applicant if there is space available in the airport terminal, applying only the limitations and regulations set forth in the ordinances set out herein. The director shall exercise no judgment regarding the purpose or content of the proposed activity, and shall exercise no discretion over the issuance of a permit hereunder, except as provided in such ordinances, it being the intent of these ordinances that the issuance of a permit by the director under this section shall be a routine clerical and ministerial function. In no event, however, shall the director issue a permit for a period of time in excess of thirty(30) days. (Prior code§2-2-32) 16.12.420: SOLICITATION BOOTH REQUIREMENTS: Each permit issued by the director shall specify, in accordance with the provisions of the ordinances codified herein,the areas in which the proposed solicitation booth shall be located; provided, however, that such location shall provide reasonable access to the general public. Solicitations shall be conducted only from a solicitation booth which shall be furnished by the director. Such booth shall be located within the permissible areas at such points as may be designated from time to time by the director. (Prior code§2-2- 33) 16.12.430: APPORTIONMENT OF AVAILABLE SPACE: A. In the event that two(2)or more persons, groups, or organizations seek to conduct the activities described herein at the same time, the director shall apportion the available areas between them or among them on as equitable a basis as possible. B. In no event, however, shall more than three (3)persons be engaged in any solicitations permitted by these rules and regulations in any one area at the same time. C. When the director receives more applications for permits than the director is able to grant by following this rule, permits shall be granted on a first come first serve basis and the director may impose such reasonable and equitable restrictions as to allowable dates, hours or numbers of participants as may reasonably be required to provide, as much as possible, fair and equal opportunities for all applicants, while ensuring the efficient and effective operation of the transportation function of the airport. (Prior code§2-2-35) 16.12.440: RELOCATION OF ACTIVITIES: The director may move such permitted activities from one area to another upon reasonable written notice to the permit holder when such move or moves are necessary for the efficient and effective operation of the transportation function of the airport. Such move, however, shall not unreasonably interfere with the permittee's access to the general public. (Prior code§2-2-34) 16.12.450: FACE TO FACE DISCUSSIONS; CONDITIONS: The foregoing regulations shall not prevent or prohibit any person, group or organization from communicating their views in face to face discussions at locations in the airport other than the solicitations booth. Such communications, however, shall be conducted only in or upon those premises which are nonsecured, public use areas. Further, under no circumstances shall the same be conducted: A. Beyond the security checkpoints through which passengers and visitors are required to pass when moving toward aircraft gate positions; i.e., on the side of the security checkpoints where the gate positions of arriving and departing aircraft are located; B. In any areas reserved for particular uses, such as parking areas, restroom facilities, restaurants,ticket counters or baggage claim areas; C. Within ten feet(10')of any area leased exclusively to a tenant of the airport; D. Within thirty feet(30')of any security checkpoint; or E. Within ten feet(10')of any stairwell, elevator, enclosed concession, any holding areas within the airport concourses or any doors of general public circulation. (Amended during 1/88 supplement: prior code§2-2-36) 16.12.460: FACE TO FACE DISCUSSIONS; CONDUCT PROHIBITED: In conducting any face to face discussion or in an attempt to engage any person or persons in such discussions, no person shall: A. In any way obstruct, delay or interfere with the free movement of any other person, seek to coerce or physically disturb any other person, or hamper or impede the conduct of any authorized business at the airport; B. Use any sound or voice amplifying apparatus on the premises of the airport; C. Receive or accept any donation of money(but may direct to a location established under section16.12.420 of this chapter, or its successor, any person wishing to make such a donation)except at a solicitation booth; D. Use any noisemaking device; E. In any way indicate to the public that he or she is a representative of the city, or the city's airports; F. Misrepresent his or her identity; or G. In any manner disrupt the orderly business of the airport. (Ord. 86-98§ 10, 1998: prior code§2-2-37) CHAPTER 16.16 GENERAL FLIGHT REGULATIONS SECTION: 16.16.010: Federal, State And Local Regulations Applicable 16.16.020: Pilots; U.S.Airman's Certificate Required 16.16.030: Aircraft; U.S. Registration Required 16.16.040: Commercial Flight Prerequisites 16.16.050: Armed Forces Personnel And Aircraft 16.16.060: Aircraft Owner Responsibilities 16.16.070: Landing Field Establishment Conditions 16.16.080: Traffic Rules For Flight Operations 16.16.090: Control Tower 16.16.100: Radio Communications (Rep. by Ord. 77-04§9, 2004) 16.16.110: Knowledge Of Field Rules Required 16.16.120: Airport Beacon Lighted During Daylight Hours; IFR(Rep. by Ord. 77-04§ 10, 2004) 16.16.130: Servicing Equipment 16.16.140: Portable Equipment Must Be Secured 16.16.150: Exceeding Airport Weight Limits Prohibited 16.16.160: Holding Or Boarding On Runways Prohibited 16.16.170: Flight Over The City; Restrictions 16.16.180: Flight Over The City; Minimum Altitude 16.16.190: Demonstration Flights And Ground Displays 16.16.200: Aerobatics Restrictions 16.16.210: Reckless Aircraft Operation; Penalty 16.16.220: Repairing Aircraft On Landing Area Prohibited 16.16.230: Accident Report Requirements 16.16.240: Damage By Aircraft; Responsibility 16.16.250: Damage By Aircraft; Lien For Payment Of Costs 16.16.260: Damaged Aircraft; Removal Responsibility 16.16.270: Tail Skids Prohibited (Rep. by Ord. 77-04§ 14, 2004) 16.16.280: Dropping Objects From Aircraft 16.16.290: Jumping Or Permitting Jumping From Aircraft 16.16.300: Skydiving 16.16.310: Gliders, Balloons And Similar Vehicles Prohibited 16.16.320: Ultralight Vehicles 16.16.010: FEDERAL, STATE AND LOCAL REGULATIONS APPLICABLE: No person shall navigate any aircraft, land aircraft upon, fly aircraft from or conduct any aircraft operations on or from the airport other than in conformity with pertinent federal, state and city laws and rules and regulations. (Prior code§2-3-1) 16.16.020: PILOTS; U.S.AIRMAN'S CERTIFICATE REQUIRED: It is unlawful for any person to pilot within the city any civil aircraft unless such person is the holder of a currently effective pilot certificate issued by the government of the United States, but this restriction shall not apply to any person certificated by a foreign country with which the United States has a reciprocal agreement. (Prior code§2-3-2) 16.16.030: AIRCRAFT; U.S. REGISTRATION REQUIRED: It is unlawful for any person to land upon or fly any aircraft from the airport unless there is prominently displayed in such aircraft a current certificate of registration and a currently effective certificate of airworthiness issued by the FAA, but this restriction shall not apply to any aircraft certificated by a foreign country with which the United States has a reciprocal agreement. (Prior code§2-3-3) 16.16.040: COMMERCIAL FLIGHT PREREQUISITES: It is unlawful for any person to carry passengers for hire or reward in any aircraft unless such person has been certificated by the FAA as a commercial pilot, and it is unlawful for any person to pilot any aircraft in a commercial flight which does not qualify under requirements of the FAA for transportation of persons or property for hire or reward. (Prior code§2-3-4) 16.16.050: ARMED FORCES PERSONNEL AND AIRCRAFT: All officers and members of the armed forces of the United States, either active or reserve,while engaged in the service of the United States and all aircraft owned by and/or operated exclusively under direction of the armed forces shall be subject to the provisions contained in this chapter except as to certification of aircraft and airmen. (Prior code§2-3-5) 16.16.060: AIRCRAFT OWNER RESPONSIBILITIES: No aircraft owner or operator shall lease to another or otherwise permit any person to operate any aircraft on or within the limits of the airport until such owner or operator has assured himself or herself that: A. The lessee or permittee has in his/her possession a currently effective pilot certificate qualifying him/her to operate the particular aircraft involved, or a student pilot certificate properly endorsed for the flight involved; B. The pilot has in his/her possession a currently effective medical certificate; and C. The pilot has an understanding and working knowledge of FAA airport traffic control procedure, airport rules and regulations, and the use of aircraft radio. (Prior code§2-3-11) 16.16.070: LANDING FIELD ESTABLISHMENT CONDITIONS: It is unlawful for any person to set up or to maintain within the limits of the city any landing field for aircraft without special permission first obtained from the mayor in writing. (Prior code§2-3-17) 16.16.080: TRAFFIC RULES FOR FLIGHT OPERATIONS: In addition to FAR 91, the traffic rules set out in this chapter shall govern flight operations at the airport. (Prior code§2-4-1) 16.16.090: CONTROL TOWER: Air and ground traffic shall be under the direction of the control tower when operating within the movement area at Salt Lake City International Airport. All instructions to personnel of aircraft and vehicular traffic shall be transmitted by radio or by flashing light gun signals. (Prior code§2-4-3) 16.16.100: RADIO COMMUNICATIONS: (Rep. by Ord. 77-04 § 9, 2004) 16.16.110: KNOWLEDGE OF FIELD RULES REQUIRED: All pilots and student pilots shall learn and have a working knowledge of airport field rules, traffic patterns, and practice and restricted areas of the city and the near vicinity thereof. (Prior code§2-3-12) 16.16.120: AIRPORT BEACON LIGHTED DURING DAYLIGHT HOURS; IFR: (Rep. by Ord. 77-04§ 10, 2004) 16.16.130: SERVICING EQUIPMENT: The director shall authorize and designate the placement and parking of all aircraft servicing equipment of the airlines and other aircraft on the airport. (Prior code§2-4-4) 16.16.140: PORTABLE EQUIPMENT MUST BE SECURED: Portable loading ramps, baggage trucks and other such portable equipment shall be equipped with brakes, or if not so equipped, shall be secured by suitable locking devices when not in use. (Prior code§2-9-5) 16.16.150: EXCEEDING AIRPORT WEIGHT LIMITS PROHIBITED: No person shall land, take off or taxi an aircraft on the ramps, runways and taxiways of the airport with a gross weight in excess of the design limits for such ramps, runways and taxiways, or in excess of such weight limitations as the director may from time to time establish and publish in the"FAA Airport Facility Directory". (Ord. 77-04§ 11, 2004: prior code§2-4-2) 16.16.160: HOLDING OR BOARDING ON RUNWAYS PROHIBITED: No person shall board or disembark from any aircraft on the landing or takeoff area except in case of an emergency, nor shall any aircraft hold on a runway or landing strip while instructors are coaching students. Instructors shall not solo students except from the end of runways and in so doing shall clear the runway before disembarking from aircraft. (Prior code§2-9-1) 16.16.170: FLIGHT OVER THE CITY; RESTRICTIONS: Persons flying any aircraft within the limits of the city or the airport shall operate the same as to cause a minimum of noise and inconvenience and shall not endanger property or the lives of others. (Prior code§2-3-14) 16.16.180: FLIGHT OVER THE CITY; MINIMUM ALTITUDE: A. General Restrictions: Except as directed by FAA air traffic control, aircraft flown over residential or business areas of the city shall comply with minimum altitude as specified in regulations promulgated by the federal aviation administration. B. Exemption For Flying Reindeer On Christmas Eve: On Christmas Eve only,flying reindeer and any cargo they may be towing shall be exempt from the provisions of subsection A of this section. (Ord. 77-04§ 12, 2004: Ord. 92-85§ 1, 1985: prior code§§2-3- 8, 2-3-8(e)) 16.16.190: DEMONSTRATION FLIGHTS AND GROUND DISPLAYS: A. No flight or ground demonstrations shall be conducted on the airport without the express written approval of the director. B. This shall not apply to aircraft sales demonstrations. (Ord. 77-04§ 13, 2004: prior code§2-3-20) 16.16.200: AEROBATICS RESTRICTIONS: It is unlawful for any person to aerobatically fly an aircraft: A. Over any business, industrial or residential area of the city; B. Over any open air assembly of persons within the corporate limits of the city; or C. Within the corporate limits of the city while carrying passengers for hire or reward. (Prior code§2-3-16) 16.16.210: RECKLESS AIRCRAFT OPERATION; PENALTY: Any person who manifests a wilful disregard for the safety of persons or property may, after providing reasonable notice to such person and opportunity for hearing on the matter, be denied the use of the airport. If such disregard is due to any violation of airport rules and regulations or regulations in force and effect of the state or the FAA, denial of use of the airport may be for such period of time as in the discretion of the director is deemed advisable. (Prior code§2-3-13) 16.16.220: REPAIRING AIRCRAFT ON LANDING AREA PROHIBITED: No person having charge or control of an aircraft shall permit the same to remain unnecessarily on any part of the landing or takeoff area for the purpose of repairs. (Prior code§2-9-2) 16.16.230: ACCIDENT REPORT REQUIREMENTS: A. When, within the limits of the airport, death or injury to persons or damage to aircraft or other property results from collision, mishaps or accident involving any aircraft, or in or around any aircraft, a report shall be made immediately by the pilot or the registered owner to the FAA district safety office, the Utah state division of aeronautics, and to the director, stating the make and registration number of the aircraft, the time and place of the accident, and giving such other information as may be required in approved accident reports. B. In the event of an accident occurring on the airport involving any aircraft, no vehicle or personnel will be permitted on the landing areas without the express approval of the airport management and/or the control tower. Aircraft in the air will continue to circle or land,wind permitting, on an unobstructed runway as directed by the control tower. (Prior code§2-3-7) 16.16.240: DAMAGE BY AIRCRAFT; RESPONSIBILITY: Any person who operates an aircraft in a negligent manner resulting in damage to airport equipment or buildings shall be required to reimburse the city for such damages. (Prior code§2-3-19) 16.16.250: DAMAGE BY AIRCRAFT; LIEN FOR PAYMENT OF COSTS: The director may claim a mechanic's lien and hold any aircraft until all fees and charges for materials, labor and damages to airport property have been paid. (Prior code§2-9-4) 16.16.260: DAMAGED AIRCRAFT; REMOVAL RESPONSIBILITY: Every aircraft owner, pilot and agent, severally, shall be responsible for the prompt removal of wrecked aircraft,together with such debris as may be resulted therefrom, as soon as permitted by FAA regulations. Care shall be used so as not to damage airport property. (Prior code§2-9-3) 16.16.270: TAIL SKIDS PROHIBITED: (Rep. by Ord. 77-04§ 14, 2004) 16.16.280: DROPPING OBJECTS FROM AIRCRAFT: It is unlawful to drop any material, object or refuse from an aircraft while taxiing upon the airport or while in flight within the limits of the airport or the city unless prior permission has been obtained in writing from the FAA, the Utah state aeronautics commission and the mayor. (Prior code§2-3-9) 16.16.290: JUMPING OR PERMITTING JUMPING FROM AIRCRAFT: A. Except in case of emergency, it is unlawful for any person aboard an aircraft in flight to jump from such aircraft at any point over the corporate limits of the city, or to land within the corporate limits of the city from an aircraft in flight,whether the jump therefrom is made within or outside the corporate limits without having first obtained permission from the mayor in writing. B. Except in case of emergency, it is unlawful for the pilot or other persons in charge of an aircraft in flight to permit any person aboard to jump therefrom over the corporate limits of the city without such person having first obtained permission from the mayor in writing. (Prior code§2-3-10) 16.16.300: SKYDIVING: Skydiving operations shall not be conducted on or in the immediate vicinity of the airport without the prior written permission of the director. (Ord. 80-86§ 1, 1986: prior code§2-3-22) 16.16.310: GLIDERS, BALLOONS AND SIMILAR VEHICLES PROHIBITED: No gliders, hang gliders, heligliders, hot air balloons and similar aircraft like vehicles shall be operated on or from Salt Lake City International Airport or Salt Lake City Airport II. (Ord. 77-04§ 15, 2004: prior code§2-3-21) 16.16.320: ULTRALIGHT VEHICLES: Ultralight vehicles, as defined in 14 code of federal regulations section 103.1 or any successor thereto, shall be prohibited from operating at the Salt Lake City International Airport or Salt Lake City Airport II. (Ord. 77-04§ 16, 2004: Ord. 42-87§3, 1987: prior code§2-3-23) CHAPTER 16.20 TRAFFIC PATTERN (Rep. by Ord. 77-04§§ 17, 18, 19, 20, 2004) CHAPTER 16.24 RUNNING ENGINES SECTION: 16.24.010: Airport Employee Safety Precautions 16.24.020: Starting Engines(Rep. by Ord. 77-04§21, 2004) 16.24.030: Runup Of Jet Or Jet Prop Engines(Rep. by Ord. 77-04§22, 2004) 16.24.040: Runup Areas 16.24.050: Running Engines In Hangars Prohibited 16.24.010: AIRPORT EMPLOYEE SAFETY PRECAUTIONS: Persons employed at the airport shall observe every precaution for their own safety when in the vicinity of turning propellers or jet engines and it shall be their duty to warn others of inherent dangers. (Prior code§2-11-5) 16.24.020: STARTING ENGINES: (Rep. by Ord. 77-04§21, 2004) 16.24.030: RUNUP OF JET OR JET PROP ENGINES: (Rep. by Ord. 77-04§22, 2004) 16.24.040: RUNUP AREAS: Aircraft engines shall be run up only in the areas designated by the director or the control tower. The aircraft shall be so placed that hangars, shops, groups of persons and other aircraft will not be in the path of the propeller stream or the blast from jet engines. The aircraft shall also be so placed that noise from such engine runup will not unreasonably inconvenience others. (Prior code§2-11-3) 16.24.050: RUNNING ENGINES IN HANGARS PROHIBITED: No person shall start an aircraft engine or run it while in a hangar. (Prior code§2-11-2) CHAPTER 16.28 TAXIING OF AIRCRAFT SECTION: 16.28.010: Standards; FAR Rules Applicable 16.28.020: Care And Safety Precautions 16.28.030: Clearance At Ramps And Terminal Areas 16.28.040: Crossing Runways 16.28.050: Passing Other Aircraft 16.28.060: Areas For Taxiing Or Towing 16.28.070: Taxiing In And Out Of Hangars 16.28.080: Jet And Prop Jet Powered Aircraft 16.28.010: STANDARDS; FAR RULES APPLICABLE: All aircraft shall be governed by the standard FAR-91 rules of taxiing and by the provisions of the following sections. (Prior code§2- 5-1) 16.28.020: CARE AND SAFETY PRECAUTIONS: Aircraft shall be taxied carefully, having due regard for the safety of other aircraft, vehicles and persons. (Prior code§2-5-3) 16.28.030: CLEARANCE AT RAMPS AND TERMINAL AREAS: Persons taxiing past aircraft parked on ramps or in front of the terminal buildings shall use extreme caution. Adequate clearance shall be given when passing other aircraft, vehicles or persons. (Prior code§2-5-2) 16.28.040: CROSSING RUNWAYS: Aircraft, vehicles and pedestrians shall not cross any runway or taxiway at Salt Lake City International Airport until clearance by the control tower has been received. (Ord. 1-06§31, 2006: Ord. 77-04§23, 2004: prior code§2-5-4) 16.28.050: PASSING OTHER AIRCRAFT: Aircraft may pass other aircraft at Salt Lake City International Airport while taxiing only if cleared to do so by the control tower. (Prior code§2-5-5) 16.28.060: AREAS FOR TAXIING OR TOWING: No aircraft shall be taxied or towed on any area, other than the areas normally used for operation of aircraft,without the express prior written approval of the director. (Prior code§2-5-8) 16.28.070: TAXIING IN AND OUT OF HANGARS: No aircraft shall be moved into or out of any hangar with an engine running. (Prior code§2-5-6) 16.28.080: JET AND PROP JET POWERED AIRCRAFT: No jet or prop jet aircraft shall be taxied on the airport where the exhaust blast is likely to cause injury to persons or damage to property, runways, aprons or taxi strips. If it is impossible to taxi aircraft without causing such damage, engines must be shut down and the aircraft towed to its destination. (Prior code§2-5-7) CHAPTER 16.32 TAKEOFF PROCEDURES SECTION: 16.32.010: Standards; FAR Rules Applicable 16.32.020: Tower Clearance Required 16.32.030: Manned Balloons; Launch Site Requirements 16.32.010: STANDARDS; FAR RULES APPLICABLE: All aircraft shall be governed by the standard FAR-91 rules for takeoff and by the provisions of the following sections of this chapter. (Prior code§2-6-1) 16.32.020: TOWER CLEARANCE REQUIRED: Takeoff at Salt Lake City International Airport shall not be commenced until clearance has been received from the control tower. (Prior code§2-6-2) 16.32.030: MANNED BALLOONS; LAUNCH SITE REQUIREMENTS: It is unlawful for any person to launch any manned balloon or other similar aircraft within the corporate limits of the city, except at a launch site which meets the following requirements: A. The launch site is sufficiently large and open so that nothing will be contacted by the balloon upon takeoff; B. The terrain is suitable for such operations; C. The launch must not interfere with the safe operation of any of the city's airports. (Ord. 77-04§ 32, 2004: prior code§2-6-11) CHAPTER 16.36 LANDING RULES SECTION: 16.36.010: Standards; FAR Rules Applicable 16.36.020: Use Of Runways Required 16.36.030: Passing Aircraft While Landing Prohibited 16.36.010: STANDARDS; FAR RULES APPLICABLE: All persons piloting or flying aircraft shall be governed by the standard FAR-91 rules for landing in addition to the following provisions set out in this chapter. (Prior code§2-8-1) 16.36.020: USE OF RUNWAYS REQUIRED: Landings and takeoffs will be confined to paved runways. (Ord. 77-04§35, 2004: prior code§2-8-7) 16.36.030: PASSING AIRCRAFT WHILE LANDING PROHIBITED: No person shall land, maneuver or operate an aircraft in such a manner as to pass, or impair, restrict or impede the movement of, another aircraft. (Ord. 77-04§ 39, 2004: prior code§2-8-6) CHAPTER 16.40 AIRCRAFT PARKING RULES SECTION: 16.40.010: Areas For Parking 16.40.020: Parking On Apron 16.40.030: Airline Parking Positions 16.40.040: Air Taxi And Transient Parking 16.40.050: Securing Of Unattended Aircraft 16.40.060: Owner Responsible For Securing Aircraft 16.40.070: Orderly Parking; Cleanliness Of Area 16.40.080: Payment Of Rates And Charges Required 16.40.090: Violations; Impounding Of Aircraft 16.40.010: AREAS FOR PARKING: No person shall park any aircraft in any area on the airport other than that prescribed by the director. (Prior code§2-10-1) 16.40.020: PARKING ON APRON: Aircraft shall be parked only on painted parking spots designated for that use. (Prior code§2-10-4) 16.40.030: AIRLINE PARKING POSITIONS: No person shall park any aircraft on the airline parking positions for a period longer than that agreed to by the airline having jurisdiction over the position. No person shall park any aircraft so as to interfere with the proper use of airline equipment on the airline parking positions. (Prior code§2-10-5) 16.40.040: AIR TAXI AND TRANSIENT PARKING: Aircraft parking for air taxi and transient aircraft desiring to park at the city's airports may only do so in the areas designated by the department of airports as being provided for that purpose. (Ord. 77-04§40, 2004: prior code§2-10-6) 16.40.050: SECURING OF UNATTENDED AIRCRAFT: No person shall leave an aircraft unattended unless within a hangar or otherwise properly tied or secured. Owners shall assume the risk of damage to their own aircraft and shall be liable for any injury to persons or damage to others' property caused by their negligence in permitting the movement of their aircraft when attended or unattended. (Prior code§2-10-2) 16.40.060: OWNER RESPONSIBLE FOR SECURING AIRCRAFT: It shall be the duty of aircraft owners and operators to securely fasten their airplanes in a manner that prevents harm or damage. (Ord. 77-04§41, 2004: prior code§2-10-3) 16.40.070: ORDERLY PARKING; CLEANLINESS OF AREA: Each operator and attendant shall be responsible for the orderly parking of aircraft in the area adjacent to his or her hangar or hangars and for the cleanliness of the area he or she uses. (Prior code§2-10-7) 16.40.080: PAYMENT OF RATES AND CHARGES REQUIRED: It is unlawful for any person to park an aircraft in any area designated for parking without paying the prescribed rates and charges for such parking. (Prior code§2-10-8) 16.40.090: VIOLATIONS; IMPOUNDING OF AIRCRAFT: Any aircraft parked in violation of this chapter may be impounded by the director. Such aircraft shall not be released except upon payment by the owner, pilot or operator of such aircraft of a fee in the amount of fifteen dollars($15.00)for the cost of impound, together with the parking fee then due and all storage and towing charges reasonably resulting from such impounding to the time of payment of all fees and release of the aircraft. The impounding of an aircraft shall not prevent or preclude the institution and prosecution of criminal proceedings in the circuit court or elsewhere against the owner or operator of such impounded aircraft. (Prior code§2-10-9) CHAPTER 16.44 NOISE RESTRICTIONS SECTION: 16.44.010: Definitions 16.44.020: Airport Use Restrictions 16.44.010: DEFINITIONS: For the purposes of this chapter the following definitions shall apply: AIRPLANE:Any civil, subsonic turbojet powered airplane exceeding seventy five thousand (75,000)pounds in maximum certificated takeoff weight. STAGE 1 AIRPLANE: An airplane that does not meet the stage 2 or 3 noise levels prescribed in section C36.5(a)(2)or C36.5(a)(3)of appendix C of federal aviation regulations part 36, or its successor. STAGE 2 AIRPLANE: An airplane that complies with the noise levels prescribed in section C36.5(a)(2)of appendix C of federal aviation regulations part 36(including use of the applicable tradeoff provisions). STAGE 3 AIRPLANE: An airplane that complies with the noise levels prescribed in section C36.5(a)(3)of appendix C of federal aviation regulations part 36(including use of the applicable tradeoff provisions). (Ord. 77-04§42, 2004: prior code§2-20-1) 16.44.020: AIRPORT USE RESTRICTIONS: No airplane may take off or land at Salt Lake City International Airport unless it is a stage 2 or 3 airplane.Any noise compliant airplane, however, may continue to operate at the airport. (Prior code§2-20-2) CHAPTER 16.48 FIRE PROTECTION SECTION: 16.48.010: Fire Prevention Responsibility 16.48.020: Fire Extinguisher Requirements 16.48.030: Smoking Limitations 16.48.040: Heating And Fuel Burning Equipment 16.48.050: Floors To Be Free Of Flammable Material 16.48.060: Waste Receptacle Requirements 16.48.070: Fuel And Flammable Liquid Storage 16.48.080: Lubricating Oil Storage 16.48.090: Leaking Fuel Or Oil 16.48.100: Cleaning Of Aircraft 16.48.110: Painting And Doping Of Aircraft 16.48.120: Welding And Similar Operations 16.48.130: Open Flame Operations 16.48.140: Heating Of Oil 16.48.150: Storage Of Materials 16.48.160: Accumulation Of Litter Prohibited 16.48.170: Motor Vehicles In Hangars Prohibited 16.48.180: Alarmed Fire Escape Doors 16.48.010: FIRE PREVENTION RESPONSIBILITY: Every person using the airport or its facilities in any way shall use the utmost caution to prevent fire. (Prior code§2-13-1) 16.48.020: FIRE EXTINGUISHER REQUIREMENTS: Every building on the airport and every repair shop, doping or welding room shall be equipped with adequate fire extinguishers and first aid equipment approved by the city fire marshal. Such extinguishers and equipment shall be maintained in first class working condition at all times and it shall be the duty of the director to designate some person to examine the same and report their condition to the director as frequently as the director shall require. (Prior code§2-13-13) 16.48.030: SMOKING LIMITATIONS: Smoking shall be prohibited in those areas of airport buildings where no smoking signs are posted. (Prior code§2-13-2) 16.48.040: HEATING AND FUEL BURNING EQUIPMENT: All heating equipment and fuel burning appliances installed in any structure shall be in accordance with the provisions of this code relating to such installation. (Prior code§2-13-6) 16.48.050: FLOORS TO BE FREE OF FLAMMABLE MATERIAL: All lessees shall keep the floors of hangars, shops, storerooms, aprons and areas adjacent thereto leased by them,free of all grease,waste or other flammable material. (Prior code§2-13-10) 16.48.060: WASTE RECEPTACLE REQUIREMENTS: Metal receptacles with self-closing covers shall be provided for the disposal of oil waste, rags and other rubbish, and the contents thereof shall be removed at least daily. (Prior code§2-13-1 1) 16.48.070: FUEL AND FLAMMABLE LIQUID STORAGE: Aircraft fuel and other flammable liquids shall be stored in accordance with the requirements of this code relating to fire and fire prevention, including, but not limited to, the provisions of title 18 of this code, as amended. (Prior code§2-13-3) 16.48.080: LUBRICATING OIL STORAGE: No person shall keep or store lubricating oils in or about the hangars unless stored in closed containers. (Prior code§2-13-16) 16.48.090: LEAKING FUEL OR OIL: No person shall keep any aircraft stored in a hangar or tied down on any ramp,without providing for the containing of leaking fuel or oil. Repairs of any damage resulting from failure to observe proper containment of such leaks shall be made at the expense of the aircraft owner. (Prior code§2-13-17) 16.48.100: CLEANING OF AIRCRAFT: No person shall use flammable and/or volatile materials in the cleaning of any aircraft, aircraft engine, propeller or appliance unless such cleaning operations are conducted in open areas, as designated outside buildings and a safe distance from the same or other aircraft, or in a room specifically set aside for that purpose,which room must be properly fireproofed and equipped with adequate and readily accessible fire extinguishing apparatus. (Prior code§2-13-5) 16.48.110: PAINTING AND DOPING OF AIRCRAFT: Painting and doping is prohibited except in rooms adequately ventilated and approved by the city fire marshal. The doping and/or painting of aircraft, or parts thereof, shall not be permitted in any aircraft parking area, taxiway, shade hangar, or T-hangar. (Prior code§2-13-4) 16.48.120: WELDING AND SIMILAR OPERATIONS: No welding operations, nor the use of any appliance with an open flame or highly heated part shall be allowed except in shop space designated for such purpose by the director. (Prior code§2-13-8) 16.48.130: OPEN FLAME OPERATIONS: No person shall conduct any open flame operations in any hangar or building, or part thereof, unless specifically authorized by the director. (Prior code§2-13-15) 16.48.140: HEATING OF OIL: No person shall heat oil in any manner except with steam, hot water, hot air or electric heaters. (Prior code§2-13-7) 16.48.150: STORAGE OF MATERIALS: No person shall store or stock material or equipment in such a manner as to constitute a fire hazard. (Prior code§2-13-14) 16.48.160: ACCUMULATION OF LITTER PROHIBITED: No boxes, crates, rubbish, paper or other litter shall be permitted to accumulate in, about or around any hangar, and all oil, paint and varnish cans, bottles or other containers shall be removed from the hangar immediately upon being emptied. (Prior code§2-13-12) 16.48.170: MOTOR VEHICLES IN HANGARS PROHIBITED: Except as provided in section 12.56.240 of this code, or its successor, no automobile or other motor vehicle shall be driven into or allowed to remain inside any hangar ordinarily used for the storage or parking of aircraft for hire or reward except when necessary for some operation requiring its entrance therein, or as set forth in section 16.60.065 of this title.A hangar, or portion of a hangar, set aside and ordinarily used as a repair shop, however, is exempted from this provision. (Ord. 77-04§44, 2004: prior code§2-13-9) 16.48.180: ALARMED FIRE ESCAPE DOORS: No person may enter or exit through or activate any alarmed emergency fire escape door for other than its intended use without the prior permission of the director. (Ord.42-87§2, 1987: prior code§2-2-39) CHAPTER 16.52 REFUELING AND DEFUELING SECTION: 16.52.010: Aircraft Refueling; Required Procedures 16.52.020: Aircraft Refueling; Authorized Dispensers 16.52.030: Fuel And Fueling Dispensers; Authorized Operations Only 16.52.035: Self-Fueling 16.52.040: Fire Extinguisher Requirements 16.52.050: Grounding; Required When 16.52.060: Grounding; Specific Equipment 16.52.070: Maintenance Of Fueling Equipment 16.52.080: Jet Fuel Dispensing Operations 16.52.090: Refueling Measurement Equipment 16.52.100: Smoking Prohibited 16.52.110: Attendant Required When Passengers In Aircraft 16.52.120: Refueling In Buildings Prohibited 16.52.130: Refueling Or Defueling Prohibited When 16.52.140: Operating Electrical Equipment Prohibited When 16.52.150: Starting Engines Prohibited When Gasoline On Ground 16.52.160: Prevention Of Fuel Overflow 16.52.170: Refueling Vehicles; Parking Restrictions 16.52.180: Washing Aircraft With Petroleum Products 16.52.190: Dumping Of Oil Prohibited 16.52.010: AIRCRAFT REFUELING; REQUIRED PROCEDURES: The refueling of all aircraft and vehicles shall be accomplished only by use of fuel trucks or pumps and pits approved by the director. Fueling equipment shall meet National Fire Prevention Association standards.Any other refueling procedures require prior written permission from the director. (Ord. 42-87§4, 1987: prior code§2-12-2) 16.52.020: AIRCRAFT REFUELING; AUTHORIZED DISPENSERS: No aircraft shall be refueled except by fuel dispenser authorized by the director. (Prior code§2-12-1) 16.52.030: FUEL AND FUELING DISPENSERS; AUTHORIZED OPERATIONS ONLY: A. Except as set forth in this section, only those persons or businesses having valid written lease agreements for commercial flight operations at the airport shall be allowed to have fueling dispensers on their leased premises. All such facilities shall comply with all laws and regulations relating thereto, and the director shall approve the location and construction of all such facilities. B. Fuel which is delivered to the airport for the purpose of storage or resale on airport premises shall only be delivered to facilities located in an area which has been designated by the director as a fuel farm. C. Any persons or businesses owning or having a valid written lease agreement for hangar space at the airport but which are not authorized to perform commercial flight operations at the airport shall be allowed to have fueling dispensers on their premises for storage purposes only, and not for delivery or resale purposes or any other purposes, if such persons or businesses own or lease a single hangar having an area of ten thousand (10,000)square feet or more.All such facilities shall comply with all laws and regulations relating thereto, and the director shall approve the location and construction of all such facilities. (Ord. 18-93§ 1, 1993: prior code§2-12-19) 16.52.035: SELF-FUELING: Aircraft owners or pilots desiring to conduct self-fueling operations shall notify the director in writing, obtain a written permit from the airport and comply with the terms thereof. (Ord. 42-87§ 5, 1987: prior code§2-12-20) 16.52.040: FIRE EXTINGUISHER REQUIREMENTS: Adequate fire extinguishers shall be kept within easy reach of all fueling and draining operations. (Prior code§2-12-15) 16.52.050: GROUNDING; REQUIRED WHEN: During period of fueling, refueling or defueling of any aircraft, the aircraft and fuel dispensing or draining apparatus shall be properly grounded to a point or points of zero electrical potential to prevent ignition of volatile gases by static electricity. (Prior code§2-12-6) 16.52.060: GROUNDING; SPECIFIC EQUIPMENT: All hoses,funnels and appurtenances used in fueling and draining operations shall be properly equipped with a grounding device. (Prior code§2-12-1 1) 16.52.070: MAINTENANCE OF FUELING EQUIPMENT: Fueling and defueling equipment, including hoses, valves, nozzles and such other equipment as may be used, shall be maintained in a safe operating and nonleaking condition. (Prior code§2-12-10) 16.52.080: JET FUEL DISPENSING OPERATIONS: Jet fuel dispensing operations shall provide for the recirculation of the fuel prior to and during delivery of fuel to the aircraft. (Prior code§2-12-16) 16.52.090: REFUELING MEASUREMENT EQUIPMENT: All refueling vehicles shall be equipped with functioning refueling measurement equipment. (Prior code§2-12-12) 16.52.100: SMOKING PROHIBITED: No smoking shall be permitted within fifty feet(50')of a refueling truck or within fifty feet(50')of an aircraft fuel tank while such aircraft is being refueled or defueled. (Prior code§2-12-4) 16.52.110: ATTENDANT REQUIRED WHEN PASSENGERS IN AIRCRAFT: During the refueling or defueling of any aircraft, no passenger or passengers shall be permitted in such aircraft unless a cabin attendant is stationed at or near the cabin door. (Prior code§2-12-5) 16.52.120: REFUELING IN BUILDINGS PROHIBITED: There shall be no fueling operations conducted in any building on the airport. (Prior code§2-12-13) 16.52.130: REFUELING OR DEFUELING PROHIBITED WHEN: No aircraft shall be refueled or defueled while the aircraft engine is running or while such aircraft is in a hangar or other enclosed place, or while being warmed by the application of external heat. (Prior code§2-12-3) 16.52.140: OPERATING ELECTRICAL EQUIPMENT PROHIBITED WHEN: During fuel handling in or about any aircraft, no person shall operate any radio transmitter or receiver, or shall switch electrical appliances off or on in such aircraft. (Prior code§2-12-8) 16.52.150: STARTING ENGINES PROHIBITED WHEN GASOLINE ON GROUND: No person shall start the engine of any aircraft whenever gasoline is on the ground or pavement thereunder. When gasoline is spilled or leaks from gasoline equipment or from aircraft, those persons in charge thereof shall immediately notify the airport fire department. (Prior code§2-12-9) 16.52.160: PREVENTION OF FUEL OVERFLOW: Persons engaged in aircraft fuel handling shall exercise care to prevent overflow of fuel. (Prior code§2-12-7) 16.52.170: REFUELING VEHICLES; PARKING RESTRICTIONS: Refueling vehicles shall be parked in areas approved by the director and at least fifty feet(50')from other aircraft and buildings except when actively fueling. (Ord. 77-04§45, 2004: prior code§2-12-14) 16.52.180: WASHING AIRCRAFT WITH PETROLEUM PRODUCTS: If petroleum products are used in the washing of aircraft, such washing shall be done only in those areas designated for such purpose. (Prior code§2-12-17) 16.52.190: DUMPING OF OIL PROHIBITED: Persons changing oil in their own aircraft shall not dump drained or surplus oil upon the surface of the ground on airport property, or into storm drains. (Prior code§2-12-18) CHAPTER 16.56 AERONAUTICAL SERVICES; LEASING AIRPORT PROPERTY SECTION: 16.56.010: Aeronautical Service Business Requirements 16.56.020: Mandatory And Minimum Standard Lease Clauses 16.56.030: Lease Proposal Requirements 16.56.040: Bond Requirements 16.56.050: Miscellaneous Businesses; Annual Fee 16.56.060: Aerial Application Operations 16.56.070: Aircraft Fuel And Oil Dispensing Services 16.56.080: Aircraft Parts House 16.56.090: Aircraft Rental 16.56.100: Aircraft Sales 16.56.110: Airframe And/Or Power Plant Repair 16.56.120: Air Transportation Service 16.56.130: Commercial Flight Service 16.56.140: Complete Fixed Base Operation 16.56.150: Flight Training 16.56.160: Flying Club Regulations 16.56.170: Radio, Instrument Or Propeller Repair Service 16.56.180: Multiple Services 16.56.010: AERONAUTICAL SERVICE BUSINESS REQUIREMENTS: A. Any person desiring to perform aeronautical services at or from the airport must submit to the director, prior to commencing any operation, information satisfactory to the director that the prospective tenant meets the minimum standards established herein for engaging in such business on the airport. B. The applicant shall submit to the director a verified statement, including a complete summary of the general nature of the applicant's general aviation operation, and if an individual, his/her name and address, or if a partnership, the names and addresses of all the partners, or if a corporation, association or organization, the names of the president, vice president, secretary, and full time managing officer or managing employee. C. Any person operating as a fixed base operation shall require all employees to participate in fire, rescue or other emergency training conducted by the city fire department on a schedule convenient to both parties. D. All personnel of lessee are required to hold FAA certificates and ratings and must maintain such certificates and ratings. E. Any person offering any services, or combinations thereof, shall do so under written lease or permit agreement with the city. In the event services are provided under a permit agreement, the following shall apply: 1. Such permit will be issued for a period of one year. In the event the permit is abandoned by the holder, or is canceled by the director: a)for failure to comply with the airport rules and regulations, or the directives issued pursuant thereto, or b)for violation of any of the provisions of this title, as amended, there shall be no refund of permit fees previously paid or accrued. 2. Employees of fixed base operators or others operating under contract with the city,which contracts allow the contracting party to perform such services, shall not be required to obtain the permit provided for by this section in order to perform services on behalf of such contracting party. 3. The permit holder shall maintain and keep available for inspection by the director, at reasonable times and places, in accurate form, such permanent written records as may be necessary to show the nature of services performed pursuant to such permit, when,where and for whom the services were performed and the charge therefor. The permit holder shall submit to the director, not less than every six(6) months, a statement of the charges made during the preceding six(6) months,for the services performed pursuant to such permit. 4. The permit holder shall meet such other qualifications as may from time to time be established by the director, and shall conduct the services for which the permit is issued without discrimination and in accordance with the airport rules and regulations. 5. The permit holder shall indemnify, hold harmless and defend the city from any and all claims of liability for personal injury, death, or property damage resulting from permittee's operation at the airport.Any and all permits shall contain language similar to that required of leasehold operations as stated in section 16.56.020 of this chapter, or its successor. 6. All permit holders shall comply with the airport rules and regulations. 7. All permit holders shall obtain and keep current the appropriate license or licenses as required by the city, county, state and federal authorities to engage in the business or activities conducted by such holders. 8. The director may cancel any permit for failure of the permittee to comply with the airport rules and regulations or directives issued pursuant thereto or this title, as amended. A permit shall be canceled only after reasonable notice to the permittee and an opportunity to be heard by the airport board's general aviation subcommittee,whose decision shall be final. (Ord. 86-98, 1998: prior code§2-19-1) 16.56.020: MANDATORY AND MINIMUM STANDARD LEASE CLAUSES: The following minimum standards for leasehold operations at the airport shall include therein the building codes, as adopted in this code, and the state and the appropriate API standards for the handling of aviation fuels.All leases concerning aeronautical services at the airport shall contain the following provisions: A. Fair Operation: The lessee agrees to operate the premises leased for the use and benefit of the public and to furnish such service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service. The lessee, however, may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. B. Compliance Requirements: The lessee, for himself/herself, and for his/her heirs, personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land,that in the event facilities are constructed, maintained or otherwise operated on the property described in this lease for a purpose for which a department of transportation program or activity is extended, or for any other purpose involving the provision of a similar service or benefit, a lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to title 49, code of federal regulations, department of transportation, subtitle A, office of the secretary, part 21, nondiscrimination in federally assisted programs of the department of transportation -effectuation of title VI of the civil rights act of 1964 and any provisions of such regulations as may in the future be amended. C. Nondiscrimination Covenants: The lessee,for himself/herself, and for his/her heirs, personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land: 1. That no person, on the grounds of race, color or national origin, shall be excluded from participation in, denied the benefits of or be otherwise subjected to discrimination in the use of such facilities; 2. That in the construction of any improvements on, over or under such land and the furnishing of services thereof, no person on the grounds of race, color or natural origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and 3. That the lessee shall use the premises in compliance with all other requirements imposed by, or pursuant to title 49, code of federal regulations, department of transportation, subtitle A, office of the secretary, part 21, nondiscrimination in federally assisted programs of the department of transportation-effectuation of title VI of the civil rights act of 1964 and any provisions of such regulations as may in the future be amended. D. Termination Of Lease: In the event of a breach of any of the nondiscrimination covenants pursuant to part 21 of the regulations of the office of the secretary of transportation, the lessor shall have the right to terminate this lease and to reenter and repossess said land and the facilities thereon and hold the same as if said lease had never been made or issued. E. Servicing Aircraft: It is clearly understood and agreed by the lessee that no right or privilege has been granted which would operate to prevent any person,firm, or corporation operating aircraft on the airport from performing services on its own aircraft with its own regular employees(including, but not limited to, maintenance and repair)that it may choose to perform. F. Exclusive Right: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right. G. Improvement Of Landing Area: Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the lessee and without interference or hindrance from lessee. H. Maintenance And Repair: Lessor reserves the right, but without obligation to lessee, to maintain and keep in repair the landing areas of the airport and all public facilities of the airport, together with the right to direct and control all activities of lessee in this regard. I. National Emergency: During the time of war or national emergency, lessor shall have the right to lease the landing area or any part thereof to the United States government for military or naval use, and if such lease is executed the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the government, shall be suspended. J. Protection Against Obstruction: Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the lessor,would limit the usefulness of the airport or constitute a hazard to aircraft. K. Federal Agreements: This lease shall be subordinate to the provisions of any existing or future agreement between lessor and the United States, relative to the operation and maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. L. Right To Close Airport: The lessor reserves the right to temporarily close the airport or any of the facilities thereon for maintenance, improvement, or for the safety of the public. M. Assignment Of Lease: Lessor reserves the right to approve or deny any assignment of this lease or sublease of the premises. N. Indemnification: 1. It is understood and agreed that the lessee is an independent contractor and not an agent or employee of the city, and the city is an independent contractor and not an agent or employee of the lessee with regard to its acts or omissions hereunder. 2. Lessee agrees to indemnify fully, defend and save and hold harmless the city, its officers, agents and employees from and against all losses, damages, claims, liabilities and causes of action of every kind of character and nature as well as costs and fees, including reasonable attorney fees connected therewith, and expenses of the investigations thereof, based upon or arising out of damages or injuries to third persons or their property caused by the negligence, intentional acts or omissions of lessee, its officers, agents or employees. City shall give to lessee prompt and reasonable written notice of any such claims or action, and lessee shall have the right to investigate, compromise and defend the same to the extent of its own interests. In carrying out any of the provisions herein, or in exercising any power or authority granted to lessee,there shall be no liability upon any official of Salt Lake City Corporation, Salt Lake City airports,their authorized assistants, consultants or employees, either personally or as officials of the city, it being understood that in such matters they act as agents and representatives of Salt Lake City Corporation. 3. It is further understood and agreed that the city assumes no responsibility for any damages or losses that may occur to the lessee's property, except the only obligation that the city assumes is that it will not wilfully, intentionally or negligently damage the property of the lessee. Note:These minimum standards do not abrogate existing leases on the airport, as of the effective date hereof. (Ord. 86-98§ 12, 1998: prior code§2-19-2) 16.56.030: LEASE PROPOSAL REQUIREMENTS: The city will not accept an original request to lease land or facilities at the airport unless the proposed lessee submits in writing a proposal which sets forth the scope of operations proposed,which shall include the following: A. The services the applicant will offer; B. The amount of land that the applicant desires to lease; C. The building space the applicant will construct or lease; D. The number of aircraft the applicant will provide; E. The number and qualifications of persons the applicant will employ; F. The proposed hours of operation; G. The amount and types of insurance coverage the applicant will maintain; H. Evidence of the applicant's financial capability to perform and provide the above services and facilities. (Prior code§2-19-3) 16.56.040: BOND REQUIREMENTS: A. Upon the execution of the lease agreement and prior to entering the premises, the lessee shall provide to the city a performance bond,written with a company or companies acceptable to the city, conditioned upon the faithful and true performance, observation and compliance with all of the terms, conditions and provisions of the lease agreement. Such performance bond shall be in an amount based upon twenty percent(20%)of the minimum guaranteed annual rental and fees, rounded to nearest one hundred dollars($100.00). In lieu of such performance bond, the city may, upon the approval of the director, accept a cash deposit equivalent to the performance bond, and the city shall not be required to pay any interest on the deposit. B. Airport users each shall provide to the city a performance bond, written with a company or companies acceptable to the city, conditioned upon the faithful performance, observation and compliance with this title. Such performance bond shall be in an amount based upon twenty percent(20%)of the user's projected annual landing and other fees, rounded to the nearest one hundred dollars ($100.00). In lieu of such performance bond, the city may, upon the approval of the director, accept a cash deposit equivalent to the performance bond, and the city shall not be required to pay any interest on such deposit. (Ord. 42-87§ 10, 1987: prior code§2-19- 4) 16.56.050: MISCELLANEOUS BUSINESSES; ANNUAL FEE: Minimum requirements associated with any business for profit not specifically addressed in this title shall be as provided by the director. In providing the minimum requirements herein,the director shall treat all similar type services equally. Permittee shall pay to the city the annual fee shown on the Salt Lake City consolidated fee schedule prior to issuance of the permit agreement. (Ord. 24- 11, 2011) 16.56.060: AERIAL APPLICATION OPERATIONS: Any person desiring to engage in aerial application operations must hold an agricultural aircraft operator certificate issued by the FAA under part 137 of the FAA regulations, comply with requirements of the state and political subdivisions thereof, and as a minimum, do the following: A. Register the business with the director, stating the scope of activities to be entered into; B. Enter into a lease in which the leasehold shall contain adequate square feet of land to provide for buildings, aircraft parking and tiedown, and parking space for loading vehicles and equipment; C. Construct or lease a building providing adequate square footage of properly lighted and heated space for housing office, restrooms and storage. Such building shall contain public telephone facilities; D. Provide at least one person holding a current FAA commercial certificate, properly rated for the aircraft to be used and meeting the requirements of part 137 of the FAA regulations and applicable regulations of the state; E. Provide at least one aircraft, which shall be airworthy, meeting all the requirements of part 137 of the FAA regulations and applicable regulations of the state. Such aircraft shall be owned or leased by agreement in writing and based on the lessee's leasehold; F. Provide storage and containment of noxious chemical materials in a segregated, safe area protected from public access; G. Provide availability of aircraft suitably equipped for agriculture or firefighting operations with adequate safeguards against spillage of noxious chemical materials on the runways or taxiways or dispersal by wind force to other operational areas on the airport; H. The hours of operation shall be as required by each individual lessee; I. Provide proof of insurance coverage in the form of a policy or certificate of insurance, written by an insurance company or companies acceptable to the city, in an amount not less than five million dollars ($5,000,000.00)combined single limit bodily injury liability and property damage liability. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days' prior written notice to the city. The coverages as provided above shall be increased if, in the opinion of the mayor or his/her designee, such is warranted. (Ord. 88-86§ 18, 1986: prior code§2-19-13) 16.56.070: AIRCRAFT FUEL AND OIL DISPENSING SERVICES: Any person desiring to dispense aviation fuels and oil and provide other related services, such as aircraft parking, shall, as a minimum, do the following: A. Register the business with the director stating the scope of activities to be entered into; B. Obtain appropriate certification to comply with FAA regulations and maintain such certification in a current status; C. Enter into a lease in which the leasehold shall contain adequate square feet of land to provide for building or buildings, adequate aircraft parking area and dispensing equipment; D. Construct or lease a building which will provide adequate square footage of properly lighted and heated floor space for office, public lounge and restrooms. Such building shall contain public telephone facilities; E. Provide at least one properly trained person who shall be on duty during all hours of operation; F. Provide emergency starting equipment, adequate fire extinguishers, adequate towing equipment, and wheel chocks; G. Provide as a minimum two(2)dispensers, metered, filter equipped, fixed or mobile, for dispensing aviation fuels in sufficient quantity to supply the demand, adequate stock of appropriate lubricants, and separate dispensing pumps and meters for each grade of fuel to be dispensed; H. Fueling service shall be provided from six o'clock(6:00)A.M. to thirty(30) minutes after sundown, seven (7)days per week.At least one fixed base operator, however, shall be open twenty four(24) hours per day, seven (7)days per week. Such twenty four (24)hour per day requirement shall not be applicable at Airport II unless there exists two (2)or more fixed base operators at the airport; I. Provide insurance coverage, written with an insurance company or companies acceptable to the city, in an amount not less than one million dollars ($1,000,000.00)combined single limit bodily injury liability and property damage liability. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days' prior written notice to the city. The above coverages shall be increased when, in the opinion of the city, such is warranted. (Prior code§2-19-9) 16.56.080: AIRCRAFT PARTS HOUSE: Any person desiring to provide an aircraft parts house must, as a minimum, do the following: A. Register the business with the director, stating the scope of activities to be entered into; B. Enter into a lease in which the leasehold shall contain adequate square feet of land for required building; C. Construct or lease a building providing adequate square footage of properly lighted and heated space to house office, restroom facilities, and minimum shop and hangar space as required for FAA repair shop certification. Such building shall contain public telephone facilities; D. Provide knowledgeable personnel in sufficient number to meet the requirements of operation; E. The normal operating hours will be at the operator's discretion. The services, however, shall be reasonably available to the public; F. Provide proof of insurance coverage in the form of a policy or a certificate of insurance with a company or companies acceptable to the city, in an amount not less than one million dollars ($1,000,000.00)combined single limit bodily injury liability and property damage liability. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days' prior written notice to the city.The coverages as provided above shall be increased if, in the opinion of the mayor or his/her designee, such is warranted. (Ord. 88-86§ 14, 1986: prior code§2-19-11) 16.56.090: AIRCRAFT RENTAL: A. Minimum Requirements: Any person desiring to engage in the rental of aircraft to the public must, as a minimum, do the following: 1. Register the business with the director, stating the scope of activities to be performed; 2. Enter into a lease in which the leasehold shall contain adequate square footage of land to provide space for aircraft parking and building or buildings; 3. Lease or construct a building which will provide adequate square footage of properly heated and lighted space for housing of offices, restrooms and public space. Such building shall contain a telephone for public use; 4. Provide at least one person having a current pilot certificate with appropriate ratings. The office shall be attended during all hours of operations; 5. Provide at least one airworthy aircraft owned or leased in writing to the lessee; 6. Accomplish all work and maintain all aircraft in accordance with FAA regulations, and have all work inspected according to state and federal regulations; 7. Provide proof of insurance coverage in the form of a policy or a certificate of insurance, with a company or companies acceptable to the city,for all aircraft owned, in amounts not less than one million dollars ($1,000,000.00)combined single limit bodily injury liability and property damage liability and not less than one hundred thousand dollars ($100,000.00) per seat passenger liability. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30) days' prior written notice to the city. The amounts under the basic coverage, as provided above, may be increased if, in the opinion of the city, it is warranted. B. Operating Hours: The normal operating hours of an aircraft rental business will be at the operator's discretion. The services, however, shall be reasonably available to the public. C. Fees: If the right to perform aircraft rental on the airport is granted to any person by permit agreement as stated in subsection 16.56.010E of this chapter, or its successor, such person shall pay the fee shown on the Salt Lake City consolidated fee schedule, per year for each aircraft such person owns which will be used in the performance of aircraft rental. Ownership as used herein shall be as the term "owner" is defined in section 16.04.320 of this title, or its successor. The permittee will supply the director a list of all aircraft with the corresponding FAA"N-number"for all aircraft to be used in the performance of aircraft rental. Such fees will be paid prior to the issuance of the permit agreement. The payment of annual fees above will be increased or decreased by aircraft the permittee adds or may delete in the performance of aircraft rental during the time said permit agreement is in place. Permittee shall be subject to all conditions of this section except space requirements as stated in subsections A2 and A3 of this section. (Ord. 24-11, 2011) 16.56.100: AIRCRAFT SALES: A. Any person desiring to engage in business of commercial sale of new and/or used aircraft must, as a minimum, do the following: 1. Register the business with the director, stating the scope of activities to be entered into; 2. Enter into a lease in which the leasehold shall contain adequate space for operation of the business to be conducted; 3. Provide proof of insurance coverage, in the form of a policy or certificate of insurance written by an insurance company or companies acceptable to the city, in amounts not less than one million dollars ($1,000,000.00)combined single limit bodily injury liability and property damage liability and not less than one hundred thousand dollars($100,000.00) per seat passenger liability. Said policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days' prior written notice to the city. The above coverage shall include aircraft held for sale and/or demonstration by the lessee but owned by others; 4. Provide the buyer proof that the aircraft to be sold is certificated under FAA regulations as airworthy, or provide the buyer with a statement of the work required to meet all regulations in order to obtain certification; 5. Provide or contract for all necessary service to fulfill implied and expressed warranties on aircraft within the terms of the contract. B. If the right to perform aircraft sales on the airport is granted to any person by permit agreement as stated in subsection 16.56.010E of this chapter, or its successor, such person shall pay a fee of one hundred dollars ($100.00) prior to issuance of the permit agreement. Permittees shall be subject to all the requirements of this section except space requirements as stated in subsection A2 of this section. C. Transacted sales by persons normally not in the business of aircraft sales on a commercial basis are exempt from this section. (Prior code§2-19-5) 16.56.110: AIRFRAME AND/OR POWER PLANT REPAIR: Any person desiring to engage in airframe and/or power plant repair service must, as a minimum, do the following: A. Register the business with the director, stating the scope of activities to be entered into; B. Enter into a lease in which the leasehold shall contain adequate space for operation of the business to be conducted, or if no space is required, otherwise comply with sections 16.12.070 and 16.12.090 of this title; C. Provide the appropriate certification to comply with FAA regulations, and maintain such certificate in a current status; D. Provide proof of insurance coverage in the form of a policy or a certificate of insurance with a company or companies acceptable to the city, in an amount not less than one million dollars ($1,000,000.00)combined single limit bodily injury liability and property damage liability. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days'written notice to the city. The above coverages shall be increased when, in the opinion of the city, the number and type of aircraft serviced warrants same; E. Accomplish all work in accordance with FAA regulations and have all work inspected according to state and federal regulations. (Ord. 77-04§46, 2004: prior code§2-19-6) 16.56.120: AIR TRANSPORTATION SERVICE: The following shall apply to any person desiring to engage in scheduled air transportation service: A. Such person must hold a current FAA certificate with ratings appropriate for the functions to be accomplished. B. Prior to entering into an agreement for any space to be leased from the city, and prior to commencing any operations at the airport for conduct of the business of air transportation, the prospective lessee must present to the director information satisfactory to the director that the lessee meets the minimum standards established by the city for engaging in the business of air transportation. C. Each prospective lessee shall submit to the director a verified statement, including a complete summary of the general nature of its air transportation business and if an individual, such person's name and address, or if a partnership,the names and addresses of all the partners, or if a corporation, association or other organization, the names and addresses of the president, vice president, secretary, and full time managing officer or station manager. D. The lessee may be required to submit a financial statement and credit ratings acceptable to the city. E. The lessee must be a certified air carrier who holds a certificate of public convenience and necessity issued under section 401 of the federal aviation act of 1958, as amended, or its successor, other than an air carrier which holds a certificate of public convenience and necessity for supplemental air service; or a supplemental air carrier as defined in title 1, general provisions definitions, section 101(32)of the federal aviation act of 1958, as amended, or its successor; or an air taxi operator subject to part 298 of the economic regulations of the civil aeronautics board and engaged directly in air transportation of passengers and/or property, and who does not hold a certificate of public convenience and necessity issued by the civil aeronautics board pursuant to section 401 of the federal aviation act of 1958, as amended, or other economic authority issued by the civil aeronautics board. F. All airlines and air transportation companies must meet the following minimum standards for the conduct of business at the airport: 1. The lessee shall lease space in the terminals on the west side of Salt Lake City International Airport providing adequate square footage of space for passengers and crew members of itinerant aircraft, office, passenger gatehold, and satisfactory arrangements for checking of passengers, handling of luggage and ticketing. 2. The lessee shall provide at least one FAA certificated commercial pilot who is appropriately rated to conduct air taxi service as offered. At its option, the city may require the lessee to provide assurance satisfactory to the city of its continued availability of suitable aircraft with qualified operating crews. 3. The lessee shall provide at least one 4-place aircraft which shall meet all the requirements of the commercial operator's certificate held. 4. The normal operating hours will be at the operator's discretion. The services, however, shall be reasonably available to the public eight(8) hours per day,five (5)days per week. Scheduled lessees must supply to the city a schedule of their flights, shall operate at all times on a scheduled basis, and shall comply with all city, county, state and federal laws, rules, regulations and ordinances. 5. Each airline and air transportation company shall provide proof of insurance coverage in the form of a policy or certificate of insurance, written with a company or companies acceptable to the city, in an amount not less than twenty five million dollars ($25,000,000.00)combined single limit bodily injury liability and property damage liability. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days' prior written notice to the city. The city, at its option, may require insurance coverage in excess of the coverage provided for above if in the opinion of the city it is warranted. (Prior code§2-19-12) 16.56.130: COMMERCIAL FLIGHT SERVICE: A. Any person desiring to engage in the commercial flight services shall, as a minimum, do the following: 1. Provide at least one person having a current pilot certificate with appropriate ratings for the aircraft to be flown; 2. Provide at least one properly certificated aircraft owned or leased in writing to the lessee which is maintained according to the standards of a commercial operation under the appropriate FAR; 3. Provide proof of insurance coverage in the form of a policy or a certificate of insurance, written by a company or companies acceptable to the city,for all aircraft owned or leased by lessee in amounts not less than one million dollars ($1,000,000.00) combined single limit bodily injury liability and property damage liability and not less than one hundred thousand dollars ($100,000.00) per seat passenger liability. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days' prior written notice to the city. The coverages as provided above shall be increased if, in the opinion of the mayor or his/her designee, such is warranted. B. If the right to perform commercial flight service on the airport is granted to any person by permit agreement, as stated in subsection 16.56.010E of this chapter, or its successor, such person shall pay the fee shown on the Salt Lake City consolidated fee schedule, per year. If the person performing a commercial flight service is the owner(as the term "owner" is defined in section 16.04.320 of this title, or its successor), of the aircraft used in the performance of a commercial flight service, the person performing a commercial flight service shall pay an additional fee shown on the Salt Lake City consolidated fee schedule per aircraft per year for each aircraft used in the performance of a commercial flight service. The permittee will supply the director a list of all aircraft with the corresponding FAA"N-number"for all owned aircraft to be used in the performance of commercial flight service. Such fees will be paid prior to the issuance of the permit agreement. The payment of annual fees above will be increased or decreased by owned aircraft the permittee adds or may delete in the performance of commercial flight service during the time the permit agreement is in place. The permittee shall be subject to all conditions of this section except space requirements as stated in subsection A2 of this section. (Ord. 24-11, 2011) 16.56.140: COMPLETE FIXED BASE OPERATION: Any person desiring to engage in a complete fixed base operation must, as a minimum, do the following: A. Register the business with the director, stating the scope of activities to be entered into; B. Provide sales, servicing, rental and display of franchised aircraft, aircraft engine overhaul, repair and maintenance(at least demonstrated capability to perform minor repairs coupled with possession of the necessary tools,jacks,towing equipment, tire repair equipment, etc.), and airframe repair and maintenance service for business and/or personal aircraft by FAA certificated mechanics with appropriate airframe and/or power plant ratings; C. In providing aircraft rental and sales, provide for the following: 1. Availability, during specified hours, of aircraft commensurate with the scope of planned activity as specified in this chapter, 2. Sales or distributorship franchise for an aircraft manufacturer for new aircraft, or adequate sources of used aircraft, 3. Suitable sales and office facilities,which may be leased, rented or constructed on the airport property, 4. Satisfactory arrangements at the airport for repairing and servicing of sold aircraft during the sale guarantee period, as specified in sections 16.56.080, 16.56.100, 16.56.110 and 16.56.170 of this chapter, or their successors, 5. Minimum stocks of spare parts peculiar to the aircraft types for which sales privileges are granted; D. Provide, at lessee's option, radio repair and overhaul services, sale at wholesale or retail of any aircraft parts and accessories, and/or propeller repair or overhaul services as licensed by the FAA and as prescribed in this chapter; E. Any person who desires to operate as a fixed base operator shall meet the following minimum standards: 1. Lease existing facilities or construct a building to provide adequate square footage of shop space meeting local and state industrial code requirements, plus adequate office space. Such facility shall contain a public telephone, 2. Provide full time FAA certificated mechanics in such fields as airframe and engine maintenance, electronic instrument maintenance, and others as required, 3. Provide minimum equipment, such as, but not limited to, machine tools,jacks, lifts and test centers, as required for its operation, 4. Make arrangements for access to, or for the provision of, such minimum capacity for the storage of aircraft as the director shall specify, and shall be required to remove any nonairworthy aircraft from the airport premises within a reasonable time, 5. Promptly remove from the public landing area, as soon as permitted by cognizant FAA and CAB authorities, any disabled aircraft owned or controlled by the lessee, coupled with the availability of or arrangements made for suitable tractors, towbars,jacks, dollies, and other equipment as might be needed to remove the largest aircraft that normally could be expected to be operated from the lessee's facility, 6. Meet all applicable safety requirements, if painting of aircraft is anticipated; F. Furnish, as may be required by the city, such primary line service to the public on a nondiscriminatory basis as the sale of aviation petroleum fuel and aircraft propellant products, the rental of aircraft parking areas, storage and/or hangar space(including demonstrated capability to efficiently and safely move aircraft to such areas and store them in compliance with local regulations), pilot training with FAA certified instructors, aircraft rental facilities, aircraft charter, and flight maintenance facilities; G. Provide, as may be required by the city, the following: 1. At all fueling locations, suitable space in a convenient location to service the type of aircraft using the airport, 2. Tank storage capacity, either above or below ground as mutually agreed upon, for aviation fuels, 3. Adequate grounding rods at all fueling locations to eliminate hazards of static electricity, together with mobile and/or fixed pumping equipment which meets all applicable safety requirements,with reliable metering devices subject to independent inspection, and with a pumping efficiency capable of filling jet aircraft including the"jumbo"or" bus"series within a reasonable time, 4. Uniformed personnel on full time duty during all hours of operation; H. Maintain an adequate staff of employees with skills, licenses and certificates appropriate to the activity provided as specified in these minimum standards; I. Conform to all safety, health and sanitary codes; J. Provide energizers, starters, passenger loading steps, oxygen and compressed air, together with such other equipment and supplies as may be required to serve the types of aircraft using its facility; K. Remove snow and otherwise clean up lessee's fueling and aircraft parking areas and possess the equipment necessary for this purpose; L. Furnish, as may be required by the city, a financial statement and credit rating acceptable to the city; M. Provide insurance coverage written with an insurance company or companies acceptable to the city in amounts not less than two million dollars ($2,000,000.00)combined single limit bodily injury liability and two million dollars ($2,000,000.00) hangar keeper's liability insurance. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy, the insurer will give thirty(30)days' prior written notice to the city. The above levels of coverage shall be increased if, in the opinion of the mayor or his/her designee, such is warranted; N. Be available, either individually or in connection with the other fixed base operators situated at the airport, for repair service and emergency service during the night hours,weekends and holidays,to ensure that aircraft repair service is available for general aviation users at all times. This service shall be provided for the public and/or general aviation users. In any event, each fixed base operator shall remain open for business at least eight(8)hours daily,five (5)days each week. The lessee may be required by the city to supply, on a twenty four(24)hour basis, seven (7)days per week,facilities for the sale of aviation petroleum,fuel and aircraft propellant products. Likewise, lessee may be required to provide basic facilities and employees to handle the tiedown and/or hangar space for aircraft on a seven (7)day,twenty four(24) hour basis. (Ord. 88-86§ 17, 1986: prior code§2-19-16) 16.56.150: FLIGHT TRAINING: A. Any person desiring to engage in pilot flight instruction shall provide, as a minimum,the following: 1. Registration: Register the business with the director, stating the scope of activities to be entered into; 2. Lease: Enter into a lease in which the leasehold shall contain reasonable space which is adequate for operation of the business to be conducted; 3. Certification: Obtain appropriate certification to comply with FAA regulations and accomplish all flight checks and other requirements to maintain such certification in a current status; 4. Insurance: a. Provide proof of insurance coverage in the form of a policy or a certificate of insurance, with a company or companies acceptable to the city, in the minimum amounts established by section 63-30-34, Utah Code Annotated, or its successor, as maximum amounts for which a governmental entity may be held liable, b. A flight instructor using an aircraft which it does not own shall be in compliance with this section if the aircraft owner carries insurance in type and amounts equal to or greater in coverage than the above, and the aircraft owner's insurer names the flight instructor as a named insured on the aircraft owner's insurance policy, c. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30) days' prior written notice to the city. The above coverage shall be increased when, in the opinion of the mayor or his/her designee, such is warranted. B. If the right to perform flight training on the airport is granted to any person by permit agreement as stated in subsection 16.56.010E of this chapter, or its successor, such person shall pay the fee shown on the Salt Lake City consolidated fee schedule, per year. If the person performing flight training is the owner(as the term "owner" is defined in section 16.04.320 of this title, or its successor), of the aircraft used in the performance of flight training,the person performing flight training shall pay an additional fee shown on the Salt Lake City consolidated fee schedule per aircraft per year for each aircraft used in the performance of flight training. The permittee will supply the director a list of all aircraft with the corresponding FAA"N-number"for all owned aircraft to be used in the performance of flight training. Such fees will be paid prior to the issuance of the permit agreement.The payment of annual fees above will be increased or decreased by owned aircraft the permittee adds or may delete in the performance of flight training during the time the permit agreement is in place. The permittee shall be subject to all conditions of this section except space requirements as stated in subsection A2 of this section. (Ord. 24-11, 2011) 16.56.160: FLYING CLUB REGULATIONS: A. Approval Required: Flying clubs shall be permitted at the airport only upon prior written approval of the director. B. Definition Of Flying Club: "Flying club" means an association or group of more than three (3)individuals jointly owning or leasing an aircraft where payment is made to the club for the operating time of such aircraft. The registration certificate issued by the FAA must show the names of all owners if the club is not incorporated, and the aircraft must be registered in the name of any incorporated flying club. C. Organization: Flying clubs must be organized as nonprofit corporations under the laws of the state, or as duly organized nonprofit,functioning unincorporated associations for the purpose of: 1. Fostering flying for pleasure; 2. Development of skills in aeronautics, including pilotage or navigation; and 3. The development of an awareness and appreciation of aviation requirements and techniques by the general public in the field of aviation and aeronautics. D. Documents Required: Flying clubs shall furnish the director with copies of their bylaws, articles of incorporation, operating rules, membership agreements, and the location and address of the club's registered office. The director shall also be furnished with a current roster of all officers and directors, including places of residence, business addresses and telephone numbers, who shall be responsible for compliance by the club members with all aviation laws and airport rules and regulations. E. Commercial Operation Prohibited: Neither flying clubs nor any individual member thereof shall provide instruction to other than its members or engage in charter service or in any commercial operation at the airport. F. Membership Records: Flying clubs shall keep a membership record of all members, containing full names and addresses, past and present members included, together with the date their membership commenced and terminated, and the investment share held by each member. Such records shall be available for review at any reasonable time by the director. G. Operation Of Aircraft: 1. All aircraft owned, leased or used by flying clubs shall be registered with the director, and may not be leased or loaned to others for any commercial use, purpose or venture. The club's aircraft shall not be used by other than bona fide members for rental or by anyone for charter or taxi lease. 2. An aircraft operated, owned or leased by a flying club shall meet all airworthiness requirements of the appropriate federal agency. 3. The flying club shall not derive greater revenue from the use of its aircraft than the amount necessary for its actual operation, maintenance and replacement. H. Rule And Regulation Compliance: All flying club members must comply with all FAA, state and airport rules and regulations. I. Insurance Required: Each aircraft owned by the flying club must have liability insurance coverage in amounts not less than one million dollars($1,000,000.00)combined single limit bodily injury liability and property damage liability, and not less than one hundred thousand dollars ($100,000.00)per seat passenger liability. Certificates of such insurance coverage shall be filed with the director and the policy shall contain a provision whereby such insurance may be canceled only after giving thirty(30)days'written notice to the director. The above levels of coverage shall be increased if, in the opinion of the mayor or his/her designee, such is warranted. J. Holding Harmless: The flying club shall indemnify, defend and hold harmless the city from any and all claims of liability for personal injury, death or property damage, or any and all other damages whatsoever resulting from its operation at the airport. (Amended during 1/88 supplement: Ord. 88-86§ 18, 1986: prior code§2-19-17) 16.56.170: RADIO, INSTRUMENT OR PROPELLER REPAIR SERVICE: A. Any person desiring to provide a radio, instrument or propeller repair service must, at a minimum, do the following: 1. Register the business with the director, stating the scope of activities to be entered into; 2. Obtain appropriate certification to comply with FAA regulations and maintain such certification in a current status; 3. Enter into a lease in which the leasehold shall contain adequate square feet of land for required building; 4. Construct or lease a building providing adequate square footage of properly lighted and heated space for housing office, restroom facilities and minimum shop and hangar space as required for FAA repair shop certifications. Such building shall contain public telephone facilities; 5. Provide at least one FAA certified repairman qualified in accordance with the terms of the repair station certificate; 6. The normal operating hours of such service will be at the operator's discretion.The services, however, shall be reasonably available to the public; 7. Provide proof of insurance coverage in the form of a policy or certificate of insurance, written by an insurance company or companies acceptable to the city, in an amount not less than one million dollars($1,000,000.00)combined single limit bodily injury liability and property damage liability. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days' prior written notice to the city. Insurance coverage limits may be required to be increased when it is deemed by the city that the risk exposure is greater than the minimum requirements herein. B. If the right to perform radio instrument or propeller repair on the airport is granted to any person by permit agreement as stated in subsection 16.56.010E of this chapter, or its successor, such person shall pay the fee shown on the Salt Lake City consolidated fee schedule prior to issuance of the permit agreement. The permittee shall be subject to all conditions of this section except space requirements, as stated in subsections A3 and A4 of this section. (Ord. 24-11, 2011) 16.56.180: MULTIPLE SERVICES: A. Any person desiring to engage in two(2)or more commercial aeronautical activities must, as a minimum, do the following: 1. Register the business with the director, stating the scope of activities to be entered into; 2. Obtain appropriate certification to comply with FAA regulations, and maintain such certification in a current status; 3. Enter into a lease for multiple services in which the leasehold shall contain adequate square feet of land to provide space for specific use area requirements established for services to be offered. Specific use space need not be cumulative where a combination use can be reasonably and feasibly established, the determination of which is to be made by the city; 4. Construct or lease a building containing adequate square footage to provide properly lighted and heated space for office, public lounge, pilot briefing, and restrooms. Such building shall contain public telephone facilities. Repair stations must provide minimum shop and hangar space as required for FAA repair shop certification; 5. Assign multiple responsibilities, as needed, to personnel in order to meet personnel requirements for all activities, provided such personnel meet requirements for all activities engaged in; 6. Meet all requirements for aircraft for the specific activities to be engaged in; however, multiple uses can be made of all aircraft, except aerial applicator aircraft, to meet these requirements. In order to meet these requirements, however, a minimum of two (2)aircraft must be owned or leased, under the direct control of the lessee, and based on the lessee's leasehold; 7. Provide all equipment specifically required for each activity; 8. Provide all services specifically required for each activity during the hours of operation as required for that activity under these minimum standards; 9. Adhere to the operating schedule as required for each activity; 10. Obtain the highest single coverage in the amounts and types of insurance established for each specific activity. B. If the right to perform multiple services at the airport is granted to any person by permit agreement as stated in subsection 16.56.010E of this chapter, or its successor, such person shall be responsible for payment of all fees as established for each aeronautical activity engaged in, as specified in this chapter; provided, however, fees for owned aircraft(as the term "owner" is defined in section 16.04.320 of this title, or its successor)will be assessed for one aeronautical activity only. The permittee shall be subject to all conditions of this section except space requirements as stated in subsections A3 and A4 of this section. (Prior code§2- 19-15) CHAPTER 16.60 MOTOR VEHICLE OPERATION SECTION: Article I. General Regulations 16.60.001: Authority To Establish Rules And Regulations 16.60.005: Exemptions From Requirements Of This Chapter 16.60.010: Compliance With State And Other Regulations 16.60.020: Driving On Loading Areas; Restrictions 16.60.030: Vehicle Ramp Operations 16.60.040: Common Carriers 16.60.050: Accidents To Be Reported 16.60.060: Prohibited Vehicles And Animals 16.60.065: Parking Areas 16.60.067: Parking Vehicles 16.60.070: Impoundment Authorized When 16.60.075: Passenger Courtesy Carts Article II. Ground Transportation Businesses 16.60.080: Purpose Of Article II Provisions 16.60.090: Definitions 16.60.095: Businesses Authorized To Provide Ground Transportation 16.60.097: Ground Transportation Service At The Airport 16.60.100: Passenger Pick Up Zones 16.60.110: Commercial Charges 16.60.120: Ground Transportation Fees Required 16.60.130: Payment Of Fees 16.60.140: City Ordinances Applicable To Airport 16.60.180: Ground Transportation Booths 16.60.190: Staging And Parking Of Ground Transportation Vehicles 16.60.200: Signs I ARTICLE 1. GENERAL REGULATIONS 16.60.001: AUTHORITY TO ESTABLISH RULES AND REGULATIONS: To the extent authorized by the provisions of this chapter and consistent with other applicable provisions of this code, the department director, under guidance and direction from the mayor, may enter into contracts deemed necessary or desirable and may establish rules and regulations necessary to administer the provisions of this chapter and any security or operating requirements applicable to the Salt Lake City International Airport. (Ord. 68-14, 2014) 16.60.005: EXEMPTIONS FROM REQUIREMENTS OF THIS CHAPTER: Vehicles licensed and operated by a government agency, a university or school district, the Utah transit authority, an ambulance service, and others, as may be designated in department rules and regulations, and others, as may be designated by the director, are exempt from the requirements of this chapter. (Ord. 68-14, 2014) 16.60.010: COMPLIANCE WITH STATE AND OTHER REGULATIONS: A. No person shall operate a motor vehicle on the airport except in strict compliance with applicable laws of the state, city ordinances, and department rules and regulations. B. No person or owner shall drive, or permit to be driven, stopped or parked on any street, parking lot, alleyway or driveway within the airport, any vehicle which is required under the laws of the state to be inspected and registered unless such vehicle has been inspected and registered, and has attached thereto in proper position a valid and unexpired certificate of inspection as required by the laws of the state. C. All vehicles operated on airport property, including ramp areas, shall be maintained in a safe operating condition. (Ord. 68-14, 2014) 16.60.020: DRIVING ON LOADING AREAS; RESTRICTIONS: A. Any motorized vehicle being used on the ramp as a service vehicle shall display the department issued identification sticker. Each such vehicle shall also bear company identification visible from fifty feet(50')on both sides of the vehicle. B. No person or vehicle is permitted in, on, or around any secured area, such as, but not limited to, any hangar, landing field, runway, apron or taxi strip, without prior permission from the department director. C. Automobiles, trucks and other equipment(including airport maintenance and emergency vehicles) being driven on any landing area, runway, taxi strip, or apron shall display a standard checkered flag or flashing amber or red light, as appropriate, if operated during the nighttime, or, when applicable, be marked in accordance with Federal Aviation Administration regulations or as directed by the Department Director, and shall not be operated without prior permission of the control tower. (Ord. 68-14, 2014) 16.60.030: VEHICLE RAMP OPERATIONS: A. Speed Limits: Motor vehicles shall be operated on established streets and roadways within the airport in strict compliance with speed limits posted on traffic signs. They shall also be maintained and operated in conformity with all motor vehicle regulations and laws of the State and City. Motor vehicles being operated on any passenger loading ramp, aircraft parking ramp, or in any area immediately adjacent to the terminals or hangars, shall be driven cautiously and at a safe and reasonable speed, but not to exceed twenty(20) miles per hour. B. Use Of Ramp Roadways:Vehicles shall only be operated within the limits of the designated painted roadways on the air operations areas, except as required to perform aircraft servicing and airfield inspections. C. Traffic Markings On Paved Surfaces:Vehicle operators shall observe all traffic markings painted on pavement surfaces of the aircraft operations area. D. Yield Right-Of-Way To Aircraft:All vehicles shall yield right-of-way to any aircraft when the aircraft is under tow or has its engines operating. No vehicle shall proceed past such aircraft until the vehicle's progress will not impede the aircraft's movement. This section does not preclude the establishment of agreements to the contrary between the City and the Federal Aviation Administration. (Ord. 68-14, 2014) 16.60.040: COMMON CARRIERS: No common carrier,vehicle for hire, or ground transportation vehicle shall load or unload passengers at the airport at any place or in any manner other than that designated by the Department Director. (Ord. 68-14, 2014) 16.60.050: ACCIDENTS TO BE REPORTED: Any person involved in an accident resulting in personal injury or damage to property on the airport shall report such accident promptly to the Office of the Department Director. (Ord. 68-14, 2014) 16.60.060: PROHIBITED VEHICLES AND ANIMALS: No go-cart, motorbike, bicycle, house trailer, or similar vehicle, or horse, shall be permitted on any landing area, ramp,taxiway, or hangar area without approval of the Department Director, except for bicycles that are secured and delivered to an aircraft for transport, or motorcycles used for surface transportation in a hangar area. (Ord. 68-14, 2014) 16.60.065: PARKING AREAS: A. Parking areas for motor vehicles shall be set aside for airport employee parking and general public parking. No person shall park a motor vehicle or a trailer in any place on the airport other than those areas designated by the Department Director or as expressly set forth in this title. No person shall park a vehicle in or use an area designated as an employee parking lot unless such person has complied with all rules and regulations, and other requirements for employee parking as established by the department. B. Tenants of T-hangars and shade hangars may park their motor vehicles in their own hangars when the aircraft is being flown, or in front of their hangar if they are present. Service or delivery vehicles may park next to a tenant's hangar long enough for delivery. All others shall park in public lots. C. No person shall park a motor vehicle on the airport in excess of seventy two (72)consecutive hours unless it is parked in the public parking area or with the authorization of the airport. D. No person shall park a motor vehicle in an area designated as a public parking lot unless such person pays the authorized rate for such parking lots.A schedule of parking rates shall be available in the Airport Office of Finance and Administration. No person shall use an area designated as a public parking lot for any primary or ancillary commercial or revenue producing purpose without written permission from the department. Each hour of use in violation of this section shall be a separate offense. (Ord. 10-19, 2019) 16.60.067: PARKING VEHICLES: No person shall park a vehicle on the airport other than in the manner and at locations indicated by posted traffic signs and markings. Each hour a vehicle remains parked in violation of this section shall be a separate offense. (Ord. 68-14, 2014) 16.60.070: IMPOUNDMENT AUTHORIZED WHEN: Any vehicle parked in violation of department rules and regulations may be impounded or relocated by a certified peace officer. The owner thereof shall pay for the tow charge, regular parking fees, and other penalties and related charges. (Ord. 68-14, 2014) 16.60.075: PASSENGER COURTESY CARTS: A. No person may operate any vehicle inside a city owned building at the airport without proper authority.The owner of any such authorized vehicle shall install and maintain a speed governor on each such vehicle which will prevent the vehicle from exceeding five (5) miles per hour. Vehicles at all times shall be maintained in a safe operating condition.Any person operating such vehicle shall yield to pedestrians, not pass pedestrians unless there is enough space to leave an eighteen inch (18")clearance between vehicle and pedestrian, and otherwise operate the vehicle in a safe manner. B. The department director may prohibit the operation of such vehicles at the airport or limit their use at any time. (Ord. 68-14, 2014) I GROUNDARTICLE 11. • ' • 16.60.080: PURPOSE OF ARTICLE II PROVISIONS: The provisions set out in this article are enacted for the purpose of: A. Requiring persons who conduct business at the airport by providing ground transportation service to assist the city in defraying the expense of providing certain facilities and services provided for ground transportation vehicles and services using the airport, and to create an equitable assessment of fees for its use; and B. Requiring such persons to adhere to department rules and regulations regarding the operation of ground transportation vehicles to ensure that such are conducted in a safe, efficient, and cost effective manner for the public benefit. (Ord. 68-14, 2014) 16.60.090: DEFINITIONS: The following words and phrases, when used in this chapter, shall have the meanings defined and set forth in this section: AIRPORT SHARED RIDE SERVICE: Ground transportation provided by an authorized ground transportation business contracted through the department of airports to provide on demand shared ride service to and from the Salt Lake City International Airport. AIRPORT SHARED RIDE VEHICLE: Any authorized ground transportation vehicle operating under contract with the department of airports to provide airport shared ride service. AUTHORIZED GROUND TRANSPORTATION BUSINESS:Any business operating any ground transportation vehicle,which has a current, valid business license as required by the city and which: A. Registers the business in accordance with the requirements established by the department, and B. Is current with all fees or charges imposed by the department or city. AUTOMOBILE:Any motor vehicle with passenger seating for five(5)persons or less not including the driver. BUS: Any motor vehicle with a seating capacity of twenty five (25) passengers or more, not including the driver. BUSINESS:A voluntary association legally formed and organized to carry on a business in Utah in the legal name of the association, including, without limitation, a corporation, limited liability company, partnership, or sole proprietorship. CIVIL NOTICE: The written notice of a ground transportation violation. COURTESY VEHICLE:Any motor vehicle regularly operated on Salt Lake City streets for transportation of customers and/or baggage without making a specific separate charge to the passenger for such transportation. DEPARTMENT: The Salt Lake City department of airports. DEPARTMENT AUTOMATED VEHICLE IDENTIFICATION (AVI)TAG:An electronic transponder used to identify vehicles and provide the department with vehicle data and billing information. DEPARTMENT DIRECTOR: The director of the Salt Lake City department of airports. DEPARTMENT INSPECTION SEAL: A sticker or seal issued by the department to signify that a ground transportation vehicle has passed the required department inspection. These department inspection seals are nontransferable and no ground transportation vehicle may be operated without such seal. DEPARTMENT RULES AND REGULATIONS: Rules and regulations developed and adopted by the department director to govern ground transportation service and businesses at the airport. FIXED SCHEDULE: Ground transportation service operating on a regular time schedule previously announced as to time of departure and arrival between the airport and definitely established and previously announced points along definitely established and previously announced routes regardless of whether there are passengers or freight to be carried. GROUND TRANSPORTATION APPEAL COMMITTEE: A committee established by the department director to hear and rule on appeals, suspensions, and other matters related to ground transportation in and connected with the city. GROUND TRANSPORTATION BUSINESS: Any business operating any ground transportation vehicle. GROUND TRANSPORTATION SERVICE: The transportation of passengers by a ground transportation business. GROUND TRANSPORTATION VEHICLE: Any motor vehicle used for the transportation of persons using Salt Lake City streets for commercial purposes regardless of whether a fee or fare is collected. HOTEL VEHICLE: Any motor vehicle regularly operated by a ground transportation business under contract to or directly by a motel, hotel, or other lodging business to provide transportation of customers and/or baggage for the contracted establishment, for which transportation the customer is charged a separate fee or fare, and which is subject to a contract filed with the department providing for operating the vehicle. LIMOUSINE: Any vehicle described by its manufacturer or aftermarket manufacturer as a limousine or a luxury vehicle,with a driver furnished,who is dressed in professional business attire or a chauffeur's uniform. MINIBUS:Any motor vehicle with a seating capacity of sixteen (16)to twenty four(24)passengers, not including the driver. ON DEMAND AIRPORT SERVICE OR ON DEMAND SERVICE: Transportation provided by an authorized ground transportation business which is not"scheduled service"or"prearranged service from the airport"as defined in this section. PREARRANGED SERVICE FROM THE AIRPORT: Transportation from the airport to points within the corporate limits of Salt Lake City provided by an authorized ground transportation business which is contracted for between such business and the person to be transported, or by an agent of the person, prior to the arrival of the person at the Salt Lake City International Airport. Prearranged service from the airport shall include airport ground transportation contracted for by an airline company on behalf of its own passengers whose regular air travel may have been disrupted in some manner.An agent may include a travel agent,family member, employee, business or meeting planner, but excludes an authorized ground transportation business. SCHEDULED SERVICE: Transportation provided by an authorized ground transportation business on a fixed schedule posted with the department in advance of such transportation. TAXI STAND:A public place alongside the curb of a street, or elsewhere in the city, which has been designated by the mayor or the mayor's designee as reserved for the use of taxicabs available for hire by passengers, including places otherwise marked as freight zones or other parking restricted zones if designated for use of taxicabs during specified times. TAXICAB:A motor vehicle used in the on demand for hire transportation of passengers or baggage over the public streets and not operated over a fixed route or upon a fixed schedule, but which is subject for contract hire by persons desiring special trips from one point to another, as provided under title 5, chapter 5.72 of this code, or its successor chapter, and authorized to operate in Salt Lake City by contract with the department. VAN: Any licensed motor vehicle other than those designated as a limousine with a passenger seating capacity of six(6)to twelve (12), not including the driver. VEHICLE OPERATOR'S BADGE OR OPERATOR'S BADGE: An identification badge issued by the department to an individual to signify that the individual has met the requirements to operate a ground transportation vehicle. (Ord. 68-14, 2014) 16.60.095: BUSINESSES AUTHORIZED TO PROVIDE GROUND TRANSPORTATION: It shall be a violation to operate a ground transportation vehicle at the airport, unless such vehicle is part of an authorized ground transportation business. (Ord. 68-14, 2014) 16.60.097: GROUND TRANSPORTATION SERVICE AT THE AIRPORT: All authorized ground transportation businesses may provide on demand service, scheduled service, or prearranged service at the airport. (Ord. 68-14, 2014) 16.60.100: PASSENGER PICKUP ZONES: All persons operating a ground transportation vehicle on the premises of the airport shall pick up passengers only in areas as designated by the department director. Ground transportation vehicles may occupy such area only for the period of time established by the department director. (Ord. 68-14, 2014) 16.60.110: COMMERCIAL CHARGES: Commercial charges may be imposed by the city for the use of airport facilities and services.Any business located at, or doing business on, the airport shall pay all established fees applicable to such business. (Ord. 68-14, 2014) 16.60.120: GROUND TRANSPORTATION FEES REQUIRED: No ground transportation vehicle or business shall use the airport's roadways or facilities without paying required fees established under section 16.60.110 of this chapter. (Ord. 68-14, 2014) 16.60.130: PAYMENT OF FEES: Payment of required fees shall be made in the manner prescribed by the department director consistent with department rules and regulations and applicable provisions of this code. (Ord. 68-14, 2014) 16.60.140: CITY ORDINANCES APPLICABLE TO AIRPORT: All applicable ordinances set forth in this code, including, without limitation, title 5, chapters 5.71 and 5.72 of this code or their successors, shall apply to the airport. Pursuant to applicable provisions of this code,the department director may enter into contracts and establish rules and regulations for taxicab operations specific to the airport. With the approval of the mayor and upon notice to the city council the department director may waive or temporarily impose restrictions not addressed in this chapter or department rules and regulations if it is determined that circumstances in the city exist that create congestion, security concerns, emergency conditions, or other operational problems, and that a temporary suspension or modification of ordinances is in the best interests of the city to address such circumstances. If the city council does not act within sixty(60)days to approve or disapprove the action, then the action is deemed approved. (Ord. 68-14, 2014) 16.60.180: GROUND TRANSPORTATION BOOTHS: There may be established within the terminal buildings at the airport one or more ground transportation booths for the exclusive use of authorized ground transportation businesses to assist the public to arrange for transportation, including travel reservations and ticket sales. These booths may be made available to businesses in accordance with applicable contracts and/or department rules and regulations. A. No authorized ground transportation business may solicit passengers at the airport except at a bona fide ground transportation booth established by the department director and operated by the authorized ground transportation business. B. No person or business including any ground transportation business may contract for passenger meet and greet services on behalf of any ground transportation business without written permission of the department director. C. In addition to civil penalties, any violation of these solicitation restrictions by any driver or representative of any authorized ground transportation business may result in such driver or business being barred from any further entry to an airport terminal as a driver or authorized ground transportation business employee. D. No representative of any authorized ground transportation business shall transport baggage or cargo in behalf of a customer to or from the airport without documentation such as baggage claim tickets or transfer documents clearly indicating the authority of such representative to transport such baggage. Said representative shall produce such documentation for inspection upon request by an authorized official of the department. (Ord. 68-14, 2014) 16.60.190: STAGING AND PARKING OF GROUND TRANSPORTATION VEHICLES: Any use of a staging area, parking facilities, taxi stands, parking areas, traffic lanes or other areas and facilities used by authorized ground transportation vehicles are subject to department rules and regulations. (Ord. 68-14, 2014) 16.60.200: SIGNS: Signs may be posted at the airport by authorized ground transportation businesses if such signs are in accordance with applicable city ordinances, department contracts, department rules and regulations, and have been approved by the department director. (Ord. 68-14, 2014) CHAPTER 16.64 VIOLATION, PENALTY AND ENFORCEMENT SECTION: 16.64.010: Prohibitive Nature Of Regulations 16.64.020: Removal Authorized When 16.64.025: Violation; Penalty 16.64.027: Issuance Of A Civil Notice Of Violation 16.64.030: Civil Penalties And Enforcement 16.64.050: Enforcement Procedures; Civil Notice Of Ground Transportation Violation 16.64.060: Expedited Appeal Of Exclusion 16.64.010: PROHIBITIVE NATURE OF REGULATIONS: It is a violation for any person to do any act prohibited by law, to fail or refuse to do any act required by law, to operate any vehicle or aircraft in violation of any provisions of this title or department rules and regulations, or to operate any vehicle or aircraft unless such vehicle or aircraft is equipped and maintained as provided in this title or other applicable law. (Ord. 68-14, 2014) 16.64.020: REMOVAL AUTHORIZED WHEN: Any person using airport property, operating any vehicle or handling any aircraft in violation of this title or other applicable law, or by refusing to comply therewith, may be removed or ejected from the airport, and may be deprived of the further use of the airport and its facilities for such length of time as may be deemed necessary by the Department Director to ensure the safeguarding of the same and the public and its interest therein. (Ord. 68-14, 2014) 16.64.025: VIOLATION; PENALTY: Any person guilty of violating any provision of this title shall be deemed guilty of a Class B misdemeanor, except the violation of certain sections of this title as set forth in section 16.64.030 of this chapter, which shall constitute civil violations. (Ord. 68-14, 2014) 16.64.027: ISSUANCE OF A CIVIL NOTICE OF VIOLATION: A. Every notice issued under this chapter shall be issued in the form of a written civil notice and shall contain a statement that the named party may appeal the imposition of the penalty and provide information regarding how to appeal. B. Any driver, vehicle owner, or business that violates any provision of this chapter may be named in a civil notice issued by the City.A violation of any provision of this chapter by any driver or vehicle owner shall also constitute a violation of such provision by the business under whose authority such driver or owner was operating at the time of the violation. (Ord. 10-19, 2019) 16.64.030: CIVIL PENALTIES AND ENFORCEMENT: A. Any person or entity in violation of this title, department rules and regulations, or other applicable law is subject to civil penalties and any other lawful action as may be taken by the Department Director to ensure the safe and effective operations of the airport. B. The City may revoke, suspend, or deny renewal of a City business license to operate a business for violation of any provision of this title, department rules and regulations, or other applicable law as provided under title 5, chapter 5.02 of this Code. C. The department may revoke, suspend or deny renewal of an operator's badge, department automated vehicle identification tag, or department inspection seal for violation of any provision of this title, department rules and regulations, or other applicable law. The person or business affected may request, in writing filed with the department, an appeal hearing before the Ground Transportation Appeal Committee.Any such revocation, suspension or denial of renewal shall remain in effect until the party against whom such action is taken requests reinstatement, and the Ground Transportation Appeal Committee determines that reinstatement is appropriate. D. If any named party fails to comply with civil penalties imposed under this chapter, such party may be subject to suspension, revocation, or nonrenewal of a City license to operate a business, operator's badge, department automated vehicle identification tag and department inspection seal. E. Civil penalties may be imposed as set forth below. The named party in the civil notice shall be liable for a civil penalty.Any penalty assessed in connection with this section may be in addition to any other penalty that may be imposed by law or department rules and regulations. F. Violations of the following shall constitute civil violations and be subject to the following penalties: Code Amount Of Penalty Violation Code Amount Of Penalty Violation General regulations: 16.12.060 $ 500.00 Commercial activities 16.12.080 500.00 Conduct of general business 16.12.270 200.00 Unauthorized use of roads and walks 16.60.010 500.00 Vehicle operations on airport 16.60.020 1,000.00 Secured area vehicle operations 16.60.030 1,000.00 Ramp area vehicle operations 16.60.040 200.00 Unauthorized passenger load/unload 16.60.050 1,000.00 Failure to report accident 16.60.060 1,000.00 Prohibited vehicle or animal in secure area 16.60.065 200.00 Parking area restrictions/failure to pay fees 16.60.067 100.00 Parking violation posted signs 16.60.075 500.00 Courtesy cart operations Ground transportation businesses: 16.60.095 1,000.00 Unauthorized ground transportation vehicle 16.60.100 200.00 Unauthorized passenger pick up 16.60.120 500.00 Failure to pay fees 16.60.180A,B,D 500.00 Unauthorized solicitation or baggage transport 16.60.190 100.00 Unauthorized staging/use of grounds and facilities 16.60.200 500.00 Unauthorized posting of signs (Ord. 10-19, 2019) 16.64.050: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND TRANSPORTATION VIOLATION: A. Civil notices under this chapter, other than those involving revocations, suspensions, denials or approvals of a business license, operator's badge, department automated vehicle identification tags and department inspection seals shall be heard by the Salt Lake City Justice Court. Any named party may appear before a Hearing Officer and present and contest an alleged violation as provided in title 2, chapter 2.75 of this Code, or its successor. B. The burden to prove any defense shall be upon the person raising such defense. Nothing herein shall affect the City's burden to prove each element of the underlying charge by a preponderance of evidence. C. If the Hearing Officer finds that no violation of this chapter occurred, or that a violation occurred but one or more of the defenses set forth in this section is applicable, the Hearing Officer may dismiss the civil notice and release the named party from liability thereunder, or may reduce the penalty associated therewith as he or she shall determine. Such defenses are: 1. The civil notice does not contain the information required by this chapter; 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; or 3. Such other mitigating circumstances as may be approved by the City Attorney's Office. (Ord. 68-14, 2014) 16.64.060: EXPEDITED APPEAL OF EXCLUSION: Any named party who is excluded from pursuing commercial activities under this chapter, and has not had a hearing before an Appeal Committee regarding such exclusion as provided for in this chapter, may request an expedited appeal of the action that resulted in such exclusion. Such appeal shall be requested in writing by the party so excluded to the department. The department shall promptly investigate the facts relating to such exclusion. If the evidence indicates such exclusion is improper under this chapter, the Department Director may reverse the action that resulted in such exclusion. If the Department Director does not reverse such action, the action resulting in such exclusion shall be heard and determined by an Appeal Committee in accordance with the provisions of this chapter. If a preponderance of the evidence indicates such exclusion is proper under this chapter the Appeal Hearing Committee shall uphold such exclusion. (Ord. 10-19, 2019) MFq HPARTM ENT OF AIRPORTS MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES AT SALT LAKE CITY INTERNATIONAL AIRPORT (SLC) Adopted 2023 Current as of January 31, 2023 Table of Contents 1. INTRODUCTION....................................................................................................................1 1.1 Purpose & Policy................................................................................................................1 1.2 General Information..........................................................................................................2 2. DEFINITIONS.........................................................................................................................4 3. REQUIREMENTS & STANDARDS...................................................................................10 3.1 FAR Part 91 Aircraft Operations. Not for Hire, Military Operations & FAR Part121 Aircraft Operations..........................................................................................10 3.2 Minimum Standards for All Operators.........................................................................11 3.3 Application Procedures and Qualifications...................................................................15 3.4 Approval Procedures.......................................................................................................17 3.5 Minimum Standards for Full Service Fixed Base Operator (FBO)............................18 3.6 Minimum Standards for Specialized Aeronautical Service Operators (SASO) ........24 4. VIOLATIONS AND ENFORCEMENT..............................................................................31 APPENDIX A—MINIMUM REQUIREMENTS FOR A WRITTEN APPLICATION......................................................................................................................32 APPENDIX B— SCHEDULE OF MINIMUM INSURANCE.................................................34 1. INTRODUCTION 1.1 Purpose & Policy The Salt Lake City Department of Airports (SLCDA or Sponsor)will make available the opportunity to engage in commercial and general aviation aeronautical activities at Salt Lake City International Airport(Airport), by persons and entities (Operator(s))that meet reasonable minimum standards (Minimum Standards). The purpose of imposing these Minimum Standards is to: a. ensure safe, efficient, and adequate levels of services are offered to the public, b. protect airport users from unlicensed and unauthorized products and services, C. maintain and enhance the availability of adequate services for all airport users, d. promote the orderly development of Airport land, e. ensure the economic health of all on-airport Operators, and f. ensure efficient use of navigable airspace. The Minimum Standards are based on the Airport's status as a large hub primary commercial service facility, circumstances and conditions at the Airport, and analysis of demand and capacity. These Minimum Standards may be periodically updated and revised as activity or demand for various services changes over time, in such a manner and to such extent as is deemed appropriate by SLCDA. These Minimum Standards may be revised or amended at any time in the discretion of SLCDA. SLCDA will apply these Minimum Standards objectively and uniformly to all similarly situated on-airport aeronautical service Operators. In accordance with these objectives, SLCDA will approve or deny the opportunity for an Operator, as defined herein, to conduct aeronautical activities at SLCIA based on these standards. These Minimum Standards are not intended to be comprehensive; Operators must also comply with all applicable federal, state, local law, and SLCDA Rules and Regulations. By adopting these Minimum Standards, SLCDA does not imply a right to provide services to any operator or provider. It is the policy of SLCDA to extend the opportunity for providing an aeronautical service to any entity meeting SLCDA's Minimum Standards for that service, subject to availability of suitable space at the Airport to conduct such activities. The SLCDA Airport Layout Plan, as approved by the Federal Aviation Administration(FAA),provides the primary basis for determining whether suitable space is available for proposed aeronautical activities. SLCDA reserves the right to solicit requests for proposals and to make determinations and choices of suitable Operators based on solicited proposals, to fill any on-airport aeronautical service opportunity. 1.2 General Information Determinations of what constitutes an acceptable "minimum" and compliance with the Minimum Standards shall be made by SLCDA in its sole discretion. No entity or Operator will be allowed to occupy land and/or improvements or engage in aeronautical activities at the Airport under conditions less than the "minimum,"unless waived in writing by the Executive Director, if determined to be in the best interest of the welfare of Airport operations, in the Executive Director's sole discretion. These Minimum Standards shall not prohibit any person from performing maintenance and fueling with respect to their Operator-owned or controlled aircraft with their own employees, except for restrictions set forth by any lease or other contractual agreement. Activities may exist which are too varied to reasonably permit the establishment of specific minimum standards for each activity. If an aeronautical activity is not addressed in these Minimum Standards, appropriate requirements may be developed on a case-by-case basis and incorporated into any agreement or permit relating to the occupancy/use of Airport land and/or improvements, taking into consideration the needs of the Operator, the existing land-use plans and operational plans of SLCDA, and the public interest in, or demand for, the activity. Upon SLCDA's adoption of these Minimum Standards, any reference in any agreement to prior standards shall be deemed to be a reference to these Minimum Standards. Any existing Operator that is not currently in compliance with these standards at the time of their adoption shall be given a reasonable time, as determined by SLCDA, to comply with these Minimum Standards. Notwithstanding the adoption of these Minimum Standards, nothing herein shall be construed as a modification of any existing agreements wherein an Operator has agreed to exceed any of these Minimum Standards nor is SLCDA prohibited from entering into agreements wherein an Operator is required to exceed these Minimum Standards. SLCDA may prohibit any Operator from using the Airport or engaging in commercial aeronautical activities at the Airport if SLCDA determines the Operator is not complying with these Minimum Standards or has otherwise jeopardized the safety of other individuals or entities utilizing the Airport or the land and/or improvements at the Airport. If the Executive Director determines that any of these Minimum Standards have been violated by any individual or entity operating on the Airport and that the matter cannot be resolved satisfactorily by notice to, and discussion with, the offending entity, then SLCDA may take formal action against the offending entity. Such action shall be at the sole discretion of SLCDA. SLCDA reserves the right to waive all, or any portion of, these Minimum Standards set forth herein for the benefit of any government or governmental agency performing non-profit and/or public services to the aircraft industry,performing emergency medical or rescue services to the public by means of aircraft,performing fire prevention or firefighting operations, or performing law enforcement operations. SLCDA further reserves the right to waive all or any portion of these Minimum Standards for non-government entities/Operators when the entity or Operator is solely engaged in performing emergency medical or rescue services to the public by means of aircraft,performing fire prevention or firefighting operations, or whenever Executive Director, in � 2 their sole discretion, deems such waiver to be in the best interest or welfare of the Airport's operation. The operation of the Airport is subject to the various requirements imposed by the Federal Aviation Act of 1958, as amended, the regulations imposed by the Federal Aviation Administration, and regulations imposed by other federal agencies. The foregoing requirements and regulations shall take precedence and supersede these Minimum Standards should they contradict or conflict with these Minimum Standards solely to the extent that they contradict or conflict. 2. DEFINITIONS All words, terms and phrases when used herein shall have the meanings as described in this section. Words, terms, and phrases which relate to aeronautical practices,processes and equipment, not defined herein, shall be construed according to the definitions in Title 14 of the Code of Federal Regulations or, if not defined therein, according to their general usage in the aviation industry. 2.1 Aeronautical Activity or Aeronautical Service Any activity or service that involves, makes possible, or is required for the operation of aircraft, or another aeronautical activity, that contributes to or is required for the safety of such operations. The following activities, without limitation, that are commonly conducted on airports are considered aeronautical activities within this definition: general and corporate aviation, air taxi and charter operations, scheduled and nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and services, aircraft storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft parts,parachute or ultralight activities, and any other activity which, in the sole judgement of the SLCDA,because of its direct relationship to the operation of aircraft or the Airport, can be appropriately regarded as an aeronautical activity. 2.2 Air Carrier The aircraft and associated operator of commercial scheduled aircraft operating under a FAR Part 121 Air Carrier Certificate. 2.3 Aircraft Aircraft means a device that is used or intended to be used for flight in the air. See 14 CFR § 1.1. 2.4 Aircraft Maintenance Aircraft maintenance is considered to be the repair, maintenance, alteration, preservation, or inspection of aircraft(including the replacement of parts). Major maintenance includes major alterations to the airframe, powerplant, and propellers as defined in federal regulation(14 CFR Part 43). Minor maintenance includes normal, routine annual inspection with attendant maintenance, repair, calibration, or adjustment of aircraft and its accessories. Aircraft assembly is included within the definition of aircraft maintenance. 2.5 Aircraft Charter Operator An entity engaged in the commercial operation of providing air transportation of person(s) or property for hire on an on-demand basis, operating under 14 CFR Part 135 and not including Air Carriers. This section does not apply to life flight helicopter and rescue Operators. � 4 2.6 Aircraft Maintenance Operator An entity engaged in providing Aircraft Maintenance for aircraft not owned and/or operated by the Operator. An Aircraft Maintenance Operator provides one or a combination of airframe, powerplant(engine), or accessory overhauls and/or repair services on aircraft up to and including business jet aircraft and helicopters. This activity also includes the sale of aircraft parts and accessories. 2.7 Airframe and Powerplant Mechanic (A&P Mechanic) Someone holding an FAA authorized aircraft mechanic certificate with both airframe and powerplant ratings. 2.8 Aircraft Owner The FAA registered owner of an aircraft, or their authorized designee. 2.9 Aircraft Refueling The transportation, sale, delivery, dispensing, storage, or draining of fuel or fuel waste products to or from aircraft. 2.10 Aircraft Rental The commercial operation of renting or leasing aircraft to the public or another Operator for compensation. 2.11 Aircraft Rental Operator An entity engaged in the rental of aircraft to the general public or another Operator. 2.12 Aircraft Sales The sale of new or used aircraft through brokerage, ownership, franchise, distributorship, or licensed dealership. 2.13 Aircraft Sales Operator An entity engaged in the sale of new or used aircraft or aircraft parts and provides such repair, services, and parts as necessary to meet any maintenance/service guarantee or warranty or to support the maintenance of aircraft sold. Storage of aircraft sold falls into the category of Commercial Hangar Operator, defined herein. 2.14 Airport Airport refers to the land and improvements generally known and designated as the Salt Lake City International Airport. The improvements on the land consist of the runways, aircraft taxiways and parking aprons, the passenger and freight terminal buildings,hangars, vehicle roads and parking facilities, and all other improvements on such land. The term Airport shall also �5� include any adjacent or nearby land hereafter acquired for purposes of the Airport and all improvements hereafter constructed on such land. 2.15 Airport Operations Area (AOA) The area of the Airport used for aircraft landing, takeoff, or surface maneuvering including the areas around hangars, navigation equipment, and communication facilities. 2.16 Airport Security Plan (ASP) The plan required by the Transportation Security Administration which defines how the Airport Sponsor will adhere to and maintain the security requirements of 49 CFR Parts 1542 and1544. 2.17 Airport Layout Plan (ALP) The FAA approved plan of an airport and showing the layout of existing and proposed facilities. 2.18 Apron The apron is a surface in the Air Operations Area(AOA)where aircraft park and are serviced, refueled, loaded with cargo, and accessed by passengers. 2.19 Commercial That which promotes or makes possible earnings, income, revenue, compensation,profits, exchanges (including change of services), trading, buying, hiring, or selling of commodities, goods, services, or tangible or intangible property of any kind, whether or not such objectives are accomplished. 2.20 Commercial Hangar Operator An entity that develops, constructs, leases, and/or owns a hangar structure(s) for the sole purpose of subleasing hangar space (with or without associated office/shop space) to entities engaged in commercial and/or non-commercial Aeronautical Activities. 2.21 Exclusive Right A power,privilege, or other right excluding or debarring another person or entity from enjoying or exercising a like/similar power,privilege, or right. An Exclusive Right may be conferred either by express agreement,by imposition of unreasonable standards or requirements, or by other means. Such a right conferred on one of more parties but excluding others from enjoying or exercising a similar right, would be an exclusive right. The granting of an Exclusive Right to conduct an aeronautical activity on an airport developed or improved with federal funds is expressly forbidden by law. 2.22 Executive Director The Executive Director of the Salt Lake City Department of Airports or designee. �h� 2.23 Federal Aviation Administration (FAA) An agency of the United States Department of Transportation with authority to regulate and oversee all aspects of civil aviation. The Federal Aviation Administration was created by the federal government under Public Law 89-670 and Executive Order 11340 dated March 30, 1967, or to such other governmental agency, which may be successor thereto or be vested with the same or similar authority. 2.24 Federal Aviation Regulations (FAR) Regulations published by the FAA that govern the operation of aircraft, airways, airports, and airmen. 2.25 Fixed Base Operator (FBO) A commercial aeronautical service provider of aircraft refueling, maintenance, servicing and storage authorized to engage in the secondary activities of flight training, aircraft sales and rental, aircraft charter, avionics sales and service, and commercial hangar operations. 2.26 Flight Training Operator or Flight School Operator An entity engaged in providing flight instruction to the general public and/or providing such related ground school instruction as is necessary to take a written examination and flight check for the category or categories of pilot's licenses and ratings involved. 2.27 Flying Club A nonprofit and all member run entity organized for the express purpose of providing its members with aircraft for their personal use and enjoyment. Aircraft must be vested in the name of the flying club or owned by all the members equally, and no part of the net earnings of the club may inure to the benefit of any individual in any form, including salaries and bonuses, etc., and the club may not derive greater revenue from the use of the aircraft than the cost to operate, maintain, and replace the aircraft. 2.28 Fueling The transportation, sale, delivery, dispensing, storage, or draining of fuel or fuel waste products to or from aircraft,vehicles, or equipment. 2.29 Fuel Storage Area Any portion of the Airport designated temporarily or permanently by the Executive Director as an area in which aviation or motor vehicle fuel, or any other type of fuel or fuel additive, may be stored or loaded. � 7 2.30 General Aviation All phases of aviation other than aircraft manufacturing, military aviation, and scheduled or non- scheduled commercial Air Carrier operations. May also generally refer to the operation of small/private or business/corporate aircraft of any type. 2.31 General Aviation Apron A paved area of the Airport designated and used for taxiing,parking, and loading/unloading of general aviation Aircraft. 2.32 Operator(s) Any person, business, or entity doing business or conducting Commercial Aeronautical Activity or Aeronautical Service at the Airport. An Operator may be classified as either a Fixed Base Operator(FBO) or a Specialized Aeronautical Service Operator(SASO). 2.33 Owned An aircraft that is owned, leased, or otherwise controlled through written agreement with an Aircraft Owner. 2.34 Person(s) Any individual, firm, or organization, air carrier co-partnership, corporation, company, association, or body politic, and includes any trustee,receiver, assignee, or other representative thereof. 2.35 Restricted Access Area These areas include the Airport Operations Area, Security Identification Display Area, sterile, and secure areas, and in general terms, all areas inside the perimeter fence and those portions of buildings that provide access subject to security or operational restrictions. 2.36 Rules & Regulations The requirements the Airport has established, and which apply to the activities, operation and use of Salt Lake City International Airport, and as applicable, to South Valley Regional Airport and Tooele Valley Airport. Every Person and Operator doing business at the Airport is obligated to comply with Rules and Regulations, and any applicable federal, state, and local requirements. 2.37 Security Identification Display Area (SIDA) Areas of the Airport where everyone is required to continuously display an Airport-issued identification badge on their outermost garment, unless under Airport-approved escort. These areas are identified in the Airport Security Plan. � 8 2.38 Self-Service Aircraft refueling (excluding the use of a Self-Service Fueling Pump), repair, preventive maintenance, towing, adjustment, cleaning, and general services performed by an Aircraft Owner or its employees on Owned aircraft with resources supplied by the Aircraft Owner 2.39 Self-Service Fueling Pump The commercial operation of an unattended stationary fuel tank and dispensing equipment for general use via a payment card reader. This includes the operations of anyone utilizing this type of equipment to provide fuel for sale or reuse. 2.40 Specialized Aeronautical Services Operator(SASO) A commercial aeronautical business that is authorized to offer a single or limited service according to established Minimum Standards. Examples of a SASO include but are not limited to the following commercial aeronautical activities: flight training, aircraft maintenance, air charter or taxi, aircraft sales, avionics maintenance, aircraft rental, aircraft storage, air cargo services and aircraft sales. A SASO is not permitted to sell fuel. Fuel sales are restricted to FBOs pursuant to the Minimum Standards of FBOs. 2.41 Specialized Commercial Aeronautical Operator An entity engaged in providing limited aircraft services, support, or air transportation services for hire which are not otherwise categorized in these Minimum Standards. 2.42 Skydiving Operator An entity engaged in the commercial transportation of persons for skydiving, skydiving instruction, and rental and sales of skydiving equipment. In accordance with Airport Rules and Regulations, skydiving activities are prohibited at the Airport, unless permitted in writing by the Executive Director. 2.43 Sponsor A public agency of a public-use airport that submits to the FAA an application for financial assistance (such as AIP grants) for the airport. In accepting an application for financial assistance, the FAA will ensure that the airport sponsor is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants, and other obligations required of sponsors, which are contained in the AIP grant agreement and property conveyances. �9� 3. REQUIREMENTS & STANDARDS 3.1 FAR Part 91 Not for Hire, Military, and FAR Part 121 Aeronautical Activities. Non-commercial FAR Part 91 and military Aeronautical Activities may be allowable without a lease or other agreement with SLCDA, at the sole discretion of the Executive Director, as long as such operations are not for hire or are governmental in nature, do not require special handling by SLCDA, and are generally handled as a routine operation by an FBO or SASO on the Airport. These operations are allowed to utilize the Airport's runways, taxiways, and General Aviation Aprons as long as their operators pay any and all user fees established by SLCDA(such as landing fees, flowage fees and parking fees) to SLCDA or its designated agent for the collection of such fees. FAR Part 121 Air Carrier Aircraft operations require a special operational and/or lease agreement with the Sponsor and are not included in these Minimum Standards. �1� 3.2 Minimum Standards for All Operators The following standards shall apply to all Commercial Aeronautical Activities at the Airport, except as noted in Section 3.1 above. All Operators engaging in any Aeronautical Activity at the Airport must comply with the requirements and standards of this section plus the Minimum Standards for each specific activity as further indicated herein. Operators authorized to engage in any Aeronautical Activity at the Airport under an Aeronautical Services Business Permit issued by SLCDA must comply with the standards of this section plus the requirements of the permit, but are not required to meet the minimum land, apron, hangar, or facilities requirements of Section 3.6. a. No individual or entity shall operate commercially or perform an aeronautical activity from or on the Airport, without applying for and receiving an operating permit or entering into either a lease agreement with SLCDA or receiving approval from SLCDA to sublease land and/or improvements from an authorized lessee. b. The Operator shall have such business background and shall have demonstrated its business capability to the satisfaction of, and in such manner as to meet with the approval of SLCDA. C. Aeronautical Activities not explicitly identified in the Minimum Standards are restricted at the Airport unless SLCDA provides written authorization, such as providing terminal facilities; operating a restaurant; selling alcohol; selling non- aviation products; air shows; advertising unrelated to the FBO; storing hazardous materials; building or operating a fuel farm without permission; heavy maintenance on the apron; parking or storing any vehicles not used daily; or contracting with any rental car company except an authorized concessionaire. d. Any applicant seeking to conduct an Aeronautical Activity at the Airport should demonstrate that they have adequate financial resources to meet the Minimum Standards for their planned activity at the Airport and to realize the business objectives agreed to by SLCDA and the applicant. The applicant shall provide upon request a financial statement of sufficient detail and credibility to allow SLCDA to make a judgment regarding the adequacy of the applicant's financial resources. e. Unless otherwise specified herein, the Operator shall (1) lease building or hangar space from SLCDA meeting the specified requirements of their planned Aeronautical Activity; (2) lease ground space from SLCDA, on which shall be erected a building by the Operator or other designated entity; or(3) sublease, with SLCDA written approval, from an entity which has an existing building or hangar, to include space as defined in the following minimum standards for each specific Aeronautical Activity; or(4)Permit issued by SLCDA. f. The Operator shall maintain, at a minimum, the coverages and policy limits set forth in Appendix B—"Schedule of Minimum Insurance Requirements."All Operators shall demonstrate to the Sponsor satisfactory evidence of its ability to acquire insurance coverage as stipulated for each particular type. Insurance policies shall be maintained in full force and effect during all times of existing leases, agreements, business licenses, or renewals or extensions thereof, with a 30-calendar day notice of cancellation to the Executive Director. SLCDA shall be named as an additional insured on all policies carried by the Operator related to their business at the Airport. Failure to comply with the requirements outlined in Appendix B, and as may be adjusted by SLCDA from time to time, may result in termination of Operator's agreement(s)with SLCDA. g. The Operator and its designees shall obtain and comply with, at their sole expense, all necessary licenses,permits, certifications, and/or ratings required for the Operator's activities at the Airport as required by SLCDA or any other duly authorized agency prior to engaging in any Aeronautical Activity at the Airport. Upon request, the Operator will provide copies of such licenses, permits, certifications, and/or ratings to SLCDA. h. Any construction by an Operator shall be in accordance with design and construction requirements of SLCDA and federal, state, and local regulations and applicable codes. i. All construction must conform to all applicable regulations and codes, including SLCDA security rules, regulations, and design standards. j. Operators shall provide a payment and performance bond to ensure the completion of any building or facility to be erected on a leasehold, free and clear of any liens, as SLCDA may request. k. Operators shall provide adequate paved auto parking spaces sufficient to accommodate all activities and operations for Operator and subtenant customers, passengers, and employees, on a daily basis, and in accordance with Salt Lake City Code. 1. Hangars shall be used exclusively for aeronautical purposes,with stated exceptions per FAA guidance. M. Operators shall engage in Aeronautical Activities in accordance with all applicable federal, state, and local law, and SLCDA Rules and Regulations, and these Minimum Standards, all as may be in effect at any time and as revised from time to time. n. Operators shall have the responsibility to pay any fine(s) levied against the Operator, SLCDA, or their representatives, officers, officials, agents, and volunteers as a result of the Operator's failure to comply with any applicable federal, state, local, or Airport rule, regulation, or law. Operators shall, at their own expense,pay all taxes, fees, utilities, and charges that may be levied, assessed, or charged by any duly authorized agency. o. Operators shall demonstrate that they own, lease, or otherwise have sufficient access to all equipment required to provide the applicable Aeronautical Services promptly on demand without causing any flight delays or other operational impacts on aircraft at the Airport.All equipment must be maintained in good operating condition, good �1� appearance, and in compliance with all applicable safety standards and regulations. The equipment must have a uniform appearance and include the prominent display of Operator's name and logo, and otherwise conform with SLCDA Rules and Regulations. P. All vehicles driven on Airport property (except as allowed by applicable escort rules defined in the Airport Security Plan)must have permits and any required registrations, including permits and proper identification for operation on the AOA, and must be operated by persons with appropriate licenses or permits. q. All personnel in the AOA or SIDA areas of the Airport shall be suitably uniformed, with the name of the Operator prominently displayed.All personnel in the AOA and SIDA areas of the Airport shall display security badges at all times as required by the Airport Security Plan. r. An adequate number of qualified and, where applicable, licensed employees shall be on duty at all operational times to provide services consistent with these Minimum Standards. S. Each Operator shall establish a written training program to ensure that all employees are thoroughly trained and qualified to perform the tasks to which they are assigned. The training program shall contain detailed instruction in proper operating procedures for each job classification. Upon request, the Operator shall submit a copy of its written training program(s) to SLCDA. t. All Operators shall comply with all applicable requirements of SLCDA's TSA- approved Airport Security Plan and the Airport's FAA-approved Airport Certification Manual, as updated from time-to-time. U. Each Operator shall provide to SLCDA a list of company officials and 24-hour contact information for each. This list shall include (1) a corporate representative with administrative, operational, and fiscal authority; (2) a local representative with operational authority; and(3)the Operator's point of contact for emergency/security incidents, including environmental incidents. V. With the exception of fueling services provided by an FBO, an Operator may subcontract any of the services it is obligated or authorized to provide, so long as such subcontractor meets the minimum standards, but only with written consent of the Executive Director. W. Any FBO may sublease space to another Operator if such space is available, both parties desire such sublease arrangement, and the sublease is approved, in writing, by the Executive Director. Under no circumstances is any Operator obligated to sublease to another Operator.An Operator can meet the requirement to lease space if it has a sublease that has been approved by the Executive Director, as required. Fueling of subtenant aircraft is prohibited, except when conducted by an FBO. Self-service operations are only permitted for those meeting the definition of Self-Service. X. If more than one type of service will be provided by a SASO from the same premises, the space requirements set forth for each type of aeronautical service may be adjusted or combined to reduce the overall amount of space required,with the Executive Director's written approval. 3.3 Application Procedures and Qualifications An Operator proposing to engage in Aeronautical Activity shall request an initial consultation and assessment with SLCDA prior to submitting a written application(See Appendix A— Minimum Requirements for a Written Application). a. SLCDA may deny any application of an applicant to provide aeronautical services or perform aeronautical activities at the Airport if, in the SLCDA's sole discretion, it determines that any of the following apply: b. The applicant does not meet one or more of any applicable provisions of these Minimum Standards; C. The applicant has supplied SLCDA, or any other person,with false or misleading information or has failed to make full disclosure in its application or supporting documents; d. There is no appropriate, adequate, or available space on the Airport to accommodate the applicant at the time of application; e. The proposed activity would conflict with SLCDA's FAA approved Airport Layout Plan or create a safety hazard; f. The proposed activity would require SLCDA to spend funds, would likely result in a loss of SLCDA funds, or would require SLCDA to supply funds, materials, or manpower that SLCDA does not have budgeted. g. The proposed activity would require an existing Operator or lessee to reduce the size of such leased premises at the Airport without their consent, result in congestion anywhere within the Airport boundaries, or would interfere with the orderly activities of existing Operators; h. The proposed services or activities could be detrimental to the Airport or otherwise result in creating a safety hazard at the Airport, as determined by the FAA; i. The applicant has violated any of these Minimum Standards or any other statutes, regulations, ordinances, laws, or orders applicable to the Airport within the last 10 years; j. The applicant is currently in default, or has been in default in the past, in the performance of any lease or other agreement with SLCDA; k. The applicant's financial statement, or other financial information submitted to SLCDA, contains information that creates doubt as to the applicant's abilities to provide the proposed services, meet the operational requirements of the business, and pay the applicable fees required by SLCDA; 15 1. The applicant does not have, or cannot demonstrate access to, the operating capital necessary to conduct the proposed operation; M. The applicant is unable to obtain sufficient insurance, financial sureties, or guarantors to protect the interests of SLCDA or other appropriate governmental entities; n. The applicant, including any principal in the business, has been convicted of any disqualifying criminal offense as defined by the Transportation Security Administration under 49 CFR § 1572.103 within the last 10 years; o. The applicant's proposal is not in the best interest of the health, safety, welfare, or convenience of the traveling public; p. The applicant is unable to qualify for unescorted access to Restricted Access Areas as required by 49 CFR Parts 1542.209 and 1544.229 (including criminal history records checks); q. Approval of the proposed activity would be inconsistent with SLCDA's obligations contained in its grant assurances as defined by the FAA; or r. The proposed development or use of land will result in a congestion of aircraft or buildings or will result in an unjustified interference with the operation of any present tenant or Operator on the Airport. 3.4 Approval Procedures a. SLCDA shall have ninety(90) days to either approve or deny any applicant's application/proposal to provide any Aeronautical Services or conduct any Aeronautical Activities, as defined herein.All applications will be responded to in writing. b. Applicants may ask for reconsideration of any application denial within thirty (30) calendar days of the receipt of a denial as long as the reconsideration request is in writing and addresses all the reasons for denial outlined in the written denial letter, assuming any reasons were given. If such reconsideration is requested, SLCDA will respond to the request within thirty (30) calendar days.After such reconsideration by SLCDA, its decision will be final, with no further internal reconsiderations, except as may be required by the FAA. �17 3.5 Minimum Standards for Full Service Fixed Base Operator(FBO) In addition to the general requirements set forth in Section 3.2 through 3.4 herein, the following sets forth the Minimum Standards for a Full-Service Fixed Base Operator(FBO) at the Airport. a. Leased Premises.A FBO shall provide and/or develop, via lease or other agreement, adequate land, apron, hangar(s), facilities (terminal, office, fuel storage, and shop) and vehicle parking to accommodate all activities of the FBO and all approved sublessees,but not less than the following requirements: i. Land.At least 435,600 square feet(10.0 acres), which all required improvements including, but not limited to, apron, hangar(s), facilities (customer lounges, office, and shop), vehicle parking, roadway access, and landscaping will be located. ii. Aircraft Apron/Paved Tie-down.Apron shall be a minimum of 150 percent of hangar square footage, commensurate with the total number of aircraft handled on site by the Operator and suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft to be handled by the FBO. FBO must be able to provide tie-down area for the aircraft being serviced by the Operator. iii. Hangar. One single structure, conventional type hangar comprising a minimum of 30,000 square feet dedicated to aircraft maintenance and storage operations, capable of accommodating the largest aircraft likely to be serviced by the Operator at the Airport, with door openings of at least 150 feet in width and at least 28 feet in height. The hangar must contain a minimum of 7,500 square feet dedicated to a terminal area, in addition to the aircraft maintenance and storage area, with separate entrances for both areas. The terminal area must include crew and passenger lounges, a conference room, administrative offices, and restrooms. iv. Fuel Storage. The FBO shall lease or construct an on-airport above-ground fuel storage facility, in a location approved by SLCDA, capable of containing at a minimum 12,000 gallons of AvGas and 40,000 gallons of Jet A. Such fuel storage area shall be designed, constructed, and maintained to all applicable standards and shall contain the proper drainage and secondary containment as required by Utah Department of Environmental Quality and all other applicable federal, state and local laws, and Airport Rules and Regulations. b. The FBO shall demonstrate that it has made satisfactory arrangements with an industry-recognized aviation petroleum supplier for delivery of aviation fuels in such quantity as are necessary to meet the requirements set forth herein and to meet customer demand. C. The FBO shall have an approved, written Spill Prevention Contingency and Control Plan (SPCC Plan)that meets federal, state, local, and the Airport Rules and Regulations for above ground fuel storage facilities.An updated copy of the SPCC Plan shall be filed with the Executive Director at least thirty (30) days prior to commencing operations. 18 d. The FBO shall provide all required training and maintain all required training records to meet the requirements of the FAA. e. Equipment. Operator will provide regular monitoring and timely response for repair of equipment and reimbursement resulting from malfunction. SLCDA reserves the right to periodically inspect all equipment used by the Operator and to deny its use on the Airport if SLCDA determines that the equipment is not safe or otherwise unfit for use. Such determination shall be based on noncompliance with any applicable NFPA Standards, the SLCDA's Airport Certification Manual, any applicable Federal or FAA Advisory Circular or FAA Order, and SLCDA's observation regarding the equipment's leaking of oil, fuel, or other chemicals that could cause damage to Airport pavements or create an explosive hazard. The FBO shall provide at least the following equipment: i. Adequate tie-down equipment required to safely secure aircraft as set forth in AC 20-35C "Tiedown Sense." ii. Adequate equipment for recharging or energizing discharged aircraft batteries. iii. At least one (1) courtesy/crew vehicle to provide transportation of passengers, crews, and baggage. iv. Aircraft tugs and tow bars with rated draw bar capacities sufficient to meet the towing requirements of the General Aviation and commercial service aircraft normally frequenting the General Aviation Apron. V. Adequate number of approved and regularly inspected dry chemical (and other ratings as needed) fire extinguisher units shall be maintained within the FBO hangar(s), at fuel storage facilities, and on all refueling vehicles. vi. All equipment necessary for the proper performance of aircraft maintenance in accordance with applicable FAA regulations and manufacturers specifications. vii. Lavatory servicing cart capable of serving the General Aviation and commercial service aircraft normally utilizing the General Aviation Apron, and capable of emptying into the Airport's lavatory dump station. viii. Appropriate equipment for deicing General Aviation aircraft normally utilizing the Airport. ix. Fueling Equipment. The FBO shall have at least three (3)jet refueling vehicles, two (2) of which must always be operating and fully functional, with a capacity of at least 5,000 gallons each and at least one (1) fully functional AvGas refueling vehicle with a capacity of at least 1,000 gallons. f. All aircraft refueling vehicles shall be equipped with reliable metering devices that meet all applicable requirements for fuel sales and inventory control.At least one (1) Jet fuel refueling vehicle shall have over-the-wing and single point refueling �1� capability.All refueling vehicles shall be bottom loaded.All refueling vehicles will be periodically inspected by SLCDA and at least annually by the FAA, ensuring that all refueling vehicles are safe and presentable, in the sole judgment of SLCDA, for use on the Airport. SLCDA reserves the right to disallow refueling vehicles on the Airport's property that do not meet all applicable standards and safety requirements. The FBO shall provide all training and maintain all required training and vehicle records to meet the requirements of the FAA. g. All aircraft refueling vehicles shall be equipped and maintained to comply at all times with all applicable federal, state, local, and SLCDA's Rules and Regulations, including without limitation, those prescribed by the following: i. Utah State Fire Code and Fire Marshall's Codes; ii. National Fire Protection Association(NFPA) Standards; iii. 14 CFR Part 139,Airport Certification, all applicable sections including Section 139.321 "Handling/Storing of Hazardous Substances and Materials;" iv. Applicable FAA Advisory Circulars (AC's), including AC 00-34A"Aircraft Ground Handling and Servicing,"AC 150-5210-51) "Painting, Marking, and Lighting of Vehicles Used On An Airport," and AC 150/5230-413 "Aircraft Fuel Storage, Handling, and Dispensing on Airports", as may be amended. h. Personnel. The FBO shall staff properly trained and qualified employees providing all required services. While on duty at the Airport, all FBO personnel shall be clean, neat in appearance, courteous, and properly uniformed (excluding management and administrative personnel). Personnel uniforms must include the FBO's company name and the employee's identification badges and shall at all times be professionally and properly maintained. i. Full-Time Manager.All activities of the FBO shall be conducted under the guidance and supervision of a full-time, on-site FBO Manager. Such person must be a highly qualified and experienced FBO Manager vested with full power and authority to direct and conduct all matters pertaining to the day-to-day FBO operation. Such FBO Manager shall be assigned to the Airport location and shall be available during normal business hours, also being on-call 24 hours per day in case of emergencies. ii. Line Service.At least three (3) fully trained and qualified fuel service staff persons shall be on duty at all times while the facility is open for business.All fuel service personnel shall have successfully completed an approved line technician safety course.A National Aviation Transportation Association (NATA) course or equivalent is acceptable. iii. Customer Service.At least one (1) customer service representative must be on duty to handle customers entering the FBO facilities during normal business I hours. The customer service representative may be cross trained to count toward staffing requirements for line service personnel as well. iv. Maintenance.At least one (1) FAA licensed Airframe and Powerplant(A&P) mechanic available to perform maintenance on General Aviation aircraft and the Air Carrier aircraft that normally utilize the Airport shall be on-duty and on- premises for at least eight(8)hours during the FBO's operating hours, five days a week, and shall otherwise be on-call during other hours. i. Operating Procedures. The FBO shall develop and maintain Standard Operating Procedures (SOPs) for fueling, ground handling and management of aircraft staging on the FBO ramp. The SOPS shall include a training plan, record keeping, fuel quality assurance procedures, and emergency response procedures. The SOPs shall address bonding and fire protection,public protection, control of access to fuel storage facilities, as well as marking/labeling of fuel storage tanks and refueling vehicles. The FBO's SOPS must be submitted to SLCDA no less than thirty(30) days prior to the commencement of FBO activities at the Airport. SLCDA will conduct periodic inspections to ensure compliance. j. Hours of Operation.Aircraft fueling, ground handling, and customer service shall be continuously offered and available to meet reasonable customer demand during normal hours, and on-call as appropriate, with a response time not to exceed one (1) hour. k. Aircraft Removal.Although aircraft removal is the responsibility of an aircraft owner, the FBO shall be prepared to lend assistance with respect to equipment and personnel within a one (1)hour response time, as requested by SLCDA, in the removal of downed or disabled aircraft from the Airport runways and taxiways in order to maintain the operational readiness of the Airport. The FBO should train its personnel in proper protocols and procedures to remove aircraft and emergency procedures with regards to working with SLCDA in emergency situations. 1. Insurance. See Appendix B. in. Licenses & Certifications. The FBO shall have and provide to SLCDA evidence of federal, state, and local licenses and certificates that are required for all operations. n. Services.An FBO must provide all of the following products and services at its premises on the Airport. i. Storage, sale, and dispensing of required aviation fuels and other petroleum products such as engine lubricants. FBO shall be capable of providing a response time for fueling not to exceed 30 minutes in normal conditions during regular hours of operation. ii. Aviation fuels and lubricating oils shall be stored and dispensed by an FBO in accordance with all local, state, and federal laws, regulations, rules, and other requirements, as same may be amended from time-to-time, regarding the sale and 1 21 storage of such fuels and oils, including without limitation any rules, regulations, or Minimum Standards that are established (and as modified from time-to-time) by SLCDA. iii. Prior to commencement of storage, selling, or dispensing of any fuels at the Airport, an FBO shall submit to SLCDA, for review and comment, the FBO's Spill Prevention Control and Countermeasures Plan and its Pollution Prevention Plan. Fuel storage, selling, or dispensing will be disallowed by SLCDA if any serious deficiencies are found in these plans that are not rectified prior to commencement of the operations and which would cause SLCDA or the FBO to be in violation of any applicable rule or regulation. iv. Aircraft and engine maintenance and repair services directed towards the general aviation, corporate, commercial aviation, air carrier, and governmental markets. V. Aircraft tie-down service. vi. At least one (1) crew vehicle for use by aircraft pilots and crews. vii. Marshaling and parking of aircraft. viii. Aircraft de-icing of aircraft at locations designated by SLCDA from time-to-time. ix. Passenger and aircraft services such as,but not limited to,passenger ramp service, baggage handling, aircraft towing, and aircraft interior cleaning. X. Crew escorting in Restricted Access Areas. xi. Collection and remittance of various fees, as designated by SLCDA. xii. Aircraft storage services. xiii. Aircraft ground power service. xiv. Catering service for corporate and other general aviation aircraft. xv. Aircraft lavatory service. o. Other services i. An FBO may provide other specialized aeronautical services on its leasehold subject to the approval of SLCDA, through the Executive Director, including the sale of new or used aircraft, the sale or rental of all types of consumer products normally related to the ownership or operation of aircraft, and any other services normally performed by similar FBOs at other airports in the United States. These requests will be reviewed and approved on a case-by-case basis. ii. An FBO may provide other specialized aeronautical services to Air Carriers at the terminal gates and cargo areas subject to the approval of SLCDA, through the I Executive Director, and provided the FBO has a written agreement with one or more air carriers to provide such services. An FBO may be given the option of providing "into-plane" or contract fueling elsewhere within the Airport and may provide contract fueling services to Air Carriers at the terminal gates,provided the FBO has written agreements with one or more air carriers and the fuel farm operator to provide such services. I 3.6 Minimum Standards for Specialized Aeronautical Service Operators (SASO) In addition to the general requirements set forth in Section 3.2 through 3.4 herein, the following sets forth the Minimum Standards for a Specialized Aeronautical Service Operator(SASO) at the Airport. SASOs are not permitted to include fuel tanks or sell fuel under any circumstance. a. Aircraft Maintenance Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: I. Land. Sufficient land to accommodate all of the Operator's activities. 2. Aircraft Apron.Apron shall be a minimum of 150 percent of hangar square footage and commensurate with total number of aircraft handled by the Operator, and suitable for the site with sufficient weight bearing capacity accommodate the largest aircraft handled by the operator. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 15,000 square feet dedicated to aircraft maintenance and storage operations, with door openings capable of accommodating the largest aircraft likely to be serviced by the Operator at the Airport. 4. Facilities.Adequate space for customer lounges, administrative offices, maintenance shops, and restrooms. ii. Licenses and Certifications. Maintenance personnel must be properly certified by the FAA and hold the appropriate ratings for the work being performed. iii. Personnel. The Operator shall staff sufficient personnel to adequately and safely carry out aircraft maintenance in a courteous,prompt, and efficient manner.At least one FAA licensed A&P Mechanic, one Manager, and one customer service representative must be employed by the company and work at this Airport location. iv. Equipment. The Operator shall provide sufficient shop space, equipment, supplies, and availability of parts as required for certification as a FAA Part 145 Repair Station. V. Hours of Operation. The Operator shall be open and services shall be available to meet the reasonable demands of the public at least five days per week, eight hours per day, and be available after hours, on-call,with a response time not to exceed one hour. vi. Insurance. See Appendix B. 24 b. Aircraft Rental, Flying Club, Flight School and/or Flight Training Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this activity shall have adequate land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: 1. Land. Sufficient land to accommodate all of the Operator's activities. 2. Aircraft Apron.Apron shall be a minimum of 150 percent of hangar square footage and commensurate with total number of aircraft in the Operator's fleet, and suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft in the Operator's fleet. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 15,000 square feet dedicated to aircraft maintenance and storage operations, with door openings capable of accommodating the largest aircraft in the Operator's fleet. The hangar shall be exclusively for aeronautical purposes related to the Operator's Owned aircraft. 4. Facilities.Adequate space for customer lounges, administrative offices, instructional offices/rooms, maintenance shops, and restrooms. ii. Licenses and Certifications. Persons performing aircraft proficiency checks and/or flight training must be properly certificated by the FAA and hold the appropriate rating for the aircraft being utilized and/or flight training being provided. iii. Personnel. I. The Operator shall staff sufficient personnel to adequately and safely carry out aircraft rental and/or flight training in a courteous,prompt, and efficient manner adequate to meet the reasonable demands of the public/members. 2. Aircraft Rental Operators shall employ at least one flight instructor. 3. Flight Training Operators shall employ at least one Chief Flight Instructor. 4. Flying Clubs are not required to have a minimum number of employees, however they shall have a designated person that is available 24 hours per day, 365 days per year, to handle administrative requirements and any emergency or non-emergency situations that might occur with club aircraft at the Airport. Such clubs shall ensure that the contact information is continually up to date with SLCDA. iv. Equipment. 1. The Operator shall have available for rental and/or use in flight training at least two Owned aircraft under the exclusive control of the Operator at the commencement of the Aeronautical Activity, and at least three aircraft after one year of operation. These aircraft shall be based at the Airport. This requirement does not apply to Flying Clubs. 2. Flight Training Operators shall include, at a minimum, adequate training aids necessary to provide proper and effective ground school instruction. All materials, supplies, and training methods must meet FAA requirements for the training offered. 3. Adequate tie-down equipment, including ropes, chains, and other types of restraining devices and wheel chocks which are required to safely secure and tie-down aircraft as set forward in FAAAC 20-35C. V. Hours of Activity. 1. Operator shall be open and services shall be available to meet the reasonable demands of the public five days per week, eight hours per day. 2. Private Flying Clubs are not required to have regular business hours. vi. Insurance. See Appendix B. C. Aircraft Charter Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: 1. Land. Sufficient land to accommodate all of the activities. 2. Aircraft Apron.Apron shall be a minimum of 150 percent of hangar square footage, commensurate with the number of aircraft in the Operator's fleet, and suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft in the Operator's fleet. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 15,000 square feet dedicated to aircraft maintenance and storage operations, with door openings capable of accommodating the largest aircraft in the Operator's fleet. The hangar shall be exclusively for aeronautical purposes related to the Operator's owned or leased aircraft. I 4. Facilities.Adequate space for customer lounges, administrative offices, maintenance shops, and restrooms. ii. Licenses and Certifications. I. The Operator shall provide copies to SLCDA of all the appropriate certificates and approvals, including without limitation, the Pre- application Statement of Intent(FAA Form 8400-6), the Regulations and Amendments under Part 298 (OST Form 4507), and FAA issued operating certificate(s). 2. Personnel must be properly certified by the FAA and hold the appropriate ratings in the aircraft utilized for the activity. iii. Personnel. 1. The Operator shall staff sufficient personnel to adequately and safely carry out the activity in a courteous, prompt, and efficient manner adequate to meet the reasonable demands of the public. 2. The Operator shall employ at least one (1) Chief Pilot. iv. Equipment. I. The Operator shall provide one certified and continuously airworthy instrument qualified multi-engine or single turbine engine aircraft, Owned and under the exclusive control of the Operator. 2. Adequate tie-down equipment, including ropes, chains, and other types of restraining devices and wheel chocks which are required to safely secure tie-down aircraft as set forth in FAA AC 20-35C. V. Hours of Activity. I. The Operator shall be open and services shall be available to meet the reasonable demands of the public five days per week, eight hours per day. Response times to customer inquiries shall not exceed one hour. vi. Insurance. See Appendix B. d. Aircraft Sales Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: � 7 1. Land. Sufficient land to accommodate all of the activities. 2. Aircraft Apron.Apron shall be a minimum of 150 percent of hangar square footage and commensurate with total number of aircraft controlled on site by the Operator, and suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft controlled on site by the Operator. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 15,000 square feet dedicated to aircraft maintenance and storage operations, with door openings capable of accommodating the largest aircraft in the Operator's fleet. 4. Facilities.Adequate space for customer lounges, administrative offices, maintenance shops, and restrooms. ii. Licenses and Certifications. Personnel must be properly certified by the FAA and hold the appropriate ratings for providing flight demonstration in all aircraft offered for sale. iii. Personnel. 1. The Operator shall staff sufficient personnel to adequately and safely carry out the activity in a courteous, prompt, and efficient manner adequate to meet the reasonable demands of the public. 2. The Operator shall employ at least one (1) licensed and current commercial pilot current in the types of aircraft offered for sale. iv. Equipment. 1. Necessary and satisfactory arrangements for Aircraft Maintenance shall be provided in accordance with any sales guarantee or warranty period. 2. Adequate tie-down equipment, including ropes, chains, and other types of restraining devices and wheel chocks which are required to safely secure tie-down aircraft as set forth in FAAAC 20-35C. V. Hours of Activity. The Operator shall be open and services shall be available to meet the reasonable demands of the public five days per week, eight hours per day. vi. Dealerships.An Operator which is an authorized factory sales franchise, dealer, or distributor shall have available or on call at least one current model demonstrator of aircraft in each of its authorized product lines. vii. Insurance. See Appendix B. e. Skydiving Operator i. Skydiving operations are not permitted at Salt Lake International Airport in accordance with Airport Rules and Regulations. f. Specialized Commercial Aeronautical Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: 1. Land. Sufficient land to accommodate all of the activities. 2. Aircraft Apron.Apron shall be commensurate with the size of the hangar, total number of aircraft controlled on site by the Operator, and suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft controlled on site by the Operator. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 15,000 square feet dedicated to aircraft maintenance and storage operations, with door openings capable of accommodating the largest aircraft in the Operator's fleet. 4. Facilities.Adequate space for customer lounges, administrative offices, maintenance shops or production facilities (as required by Operator), and restrooms. ii. Licenses and Certifications. The Operator shall provide to SLCDA evidence of federal, state, and local licenses and certificates that are required for the operation. iii. Personnel. The Operator shall staff sufficient personnel to adequately and safely carry out the activity in a courteous,prompt, and efficient manner adequate to meet the reasonable demands of the public. iv. Equipment. The Operator shall provide and have based at the Airport, either owned or under written lease to the Operator, sufficient equipment, supplies, and availability of parts, including, if appropriate, one continuously airworthy aircraft. V. Hours of Activity. The Operator shall be open and services shall be available during hours normally maintained by operators conducting similar activities. vi. Insurance. See Appendix B. 29 g. Commercial Hangar Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: I. Land. Sufficient land to accommodate all of the Operator's activities. 2. Aircraft Apron.Apron shall be a minimum of 150 percent of hangar square footage and commensurate with total number of aircraft handled by the Operator, and suitable for the site with sufficient weight bearing capacity accommodate the largest aircraft handled by the operator. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 15,000 square feet dedicated to the Self-Service of Operator or subtenant owned aircraft,with door openings capable of accommodating the largest aircraft likely to be serviced by the Operator at the Airport. 4. Hours of Operation Hours of Activity. The Operator shall be open and services shall be available during hours normally maintained by operators conducting similar activities. 5. Insurance. See Appendix B. h. Specialized Operators Performing More Than One Service i. Any Operator who wishes to perform more than one specialized aviation service but who will not meet the definition of a FBO must meet the Minimum Standards for each service that will be provided. However, the Operator may request, in writing, to utilize the same space, facilities, and/or employees to meet the standards by demonstrating that the space, facilities, and/or employees can adequately meet the needs of all activities.Approval will be at the sole discretion of the Executive Director. 30 4. VIOLATIONS AND ENFORCEMENT Failure to comply with these Minimum Standards shall subject an Operator's agreement and privilege to operate at the Airport to suspension or termination, as provided by such agreement. Generally, upon written notice from the Executive Director that an Operator is violating or has violated a provision of these Minimum Standards, Operators are afforded a specified period of time to remedy such violation or become subject to other default provisions of their agreement, including possible termination thereof, or show cause as why additional time should be granted by the Executive Director to enable the Operator to complete a cure. Such appeals must be pursued in accordance with provisions specified in the Operator's agreement. 31 APPENDIX A—MINIMUM REQUIREMENTS FOR A WRITTEN APPLICATION An Operator proposing to engage in Aeronautical Activity shall provide a demonstration of intent to conduct a business operation at the Airport via written application directed to the Executive Director. All applications to conduct a business operation at the Airport shall be in written form and include a business plan. The application materials and any subsequent documentation provided to SLCDA or any of its representatives are subject to Utah State Public Records Law. The written application shall contain at least the following: a. The proposed nature of the business.A business plan should be used to express the proposed nature of the business.At a minimum, the following information shall be included in the written business plan: i. The type of business entity to be formed(or existing) that is proposed to operate (for example: corporation, limited liability company, partnership, etc.). Identify all services that will be provided by this Operator. Give a detailed description of the operation. ii. The amount of land desired to lease and the lease term requested, including where this land is proposed to be located. iii. The building space that will be constructed or leased, including where this building space will be located and/or from what entity it will be leased. iv. The number of aircraft, sizes, and types, that will be operated by the Operator. Alternatively, identify the types, sizes, weights, and numbers of aircraft anticipated to be serviced or stored on-site by the Operator. V. Any specialized equipment and tooling that will be provided by the Operator. vi. The proposed number of persons to be employed at the Airport (indicate how many full or part time). vii. A short resume for each owner and financial backer. viii. A short resume of the manager of the business (if not an owner), including the person's experience and background managing a business of this nature. ix. The operational periods (days and hours) of the proposed operation. X. The amounts and types of insurance to be provided. xi. Financial projections for the first five years of construction and operations. xii. A marketing plan detailing the proposed methods to attract new business. xiii. Any plans for future physical expansion. 32 b. A listing of all parties who own an interest in the business or will appear on leases or other documents as a partner, director, or corporate officer, and those who will be managing the business. The listing shall include the name, address, and telephone number of each person with a controlling interest in the business. For corporations and limited liability companies, the listing shall include the name, address, and telephone number of the corporation's (or limited liability company's) officers and directors. If any listed person also has any business interest in any other business currently operating on the Airport, such facts should be noted in detail. C. A current, audited financial statement prepared by a Certified Public Accountant. If an audited financial statement is not available, the applicant should provide enough financial information about the business in order for SLCDA to evaluate the financial strength of the business. If the business is new with no prior history, then verifiable letters of credit or investment should be supplied to show that the business is credible. d. A listing of the assets owned or leased, current or planned, for the proposed business. e. A list of key personnel, with resumes, to be assigned to the business at the Airport, along with a description of their duties and responsibilities. f. Copies of all licenses, permits, and certifications possessed by the applicant or its key employees to be based at the Airport that are required to perform the proposed services. If various licenses,permits, or certifications are pending, list the status of each and indicate anticipated receipt dates. g. For at least one principal with an interest in the business, complete an Airport SIDA Application and Application for Fingerprinting. These applications are available from SLCDA Badging Office Airport's Public Safety Office (801-575-2423). h. Proof(copy of insurance letter of intent) of liability coverage for the business operation, flight operations, aircraft, and operators and premises insurance. i. A written authorization for the FAA or any aviation or aeronautics commissions, administrators, and departments of all states in which the applicant has engaged in aviation business to release information in their files relating to the applicant or its operation. The applicant will execute such forms, releases, or discharges as may be required by those agencies. j. Other information as SLCDA may require to effectively evaluate the proposal. k. Where applicable, a copy of any written agreement between the applicant and an Air Carrier currently serving the Airport, together with a written statement from such Air Carrier to SLCDA that the applicant meets the Air Carrier's standards for the services to be provided to such Air Carrier. I APPENDIX B—SCHEDULE OF MINIMUM INSURANCE Below are the minimum insurance requirements for all Operators. Additional types of insurance coverage may be required for any Operator,based upon the nature of the service to be provided by the Operator and which is determined by SLCDA on a case-by-case basis. a. The Operator, at its sole expense, must purchase or otherwise acquire, carry, and maintain at all times the levels of insurance coverage meeting SLCDA's minimum requirements. b. All insurance must be effected under valid and enforceable policies, issued by recognized, responsible insurers qualified to conduct business in Utah, and which are well-rated by national rating organizations.All companies providing insurance policies required herein shall be appropriately licensed and shall have a financial rating of no lower than [A] as listed in A.M. Best's Key Rating Guide (current edition or interim report). Companies with ratings lower than [A] will be acceptable only upon written consent of SLCDA. C. Insurance policies must name the Operator as the insured, name Salt Lake City Corporation and the Salt Lake City Department of Airports as additional insureds with respect to general liability and automobile liability coverages. Insurance policies shall not have the ability to be canceled, terminated, or materially changed without at least thirty (30) days prior written notice from the Operator's insurance carrier to SLCDA. Certificates evidencing such insurance must be submitted by the Operator to the Executive Director prior to commencement of service at the Airport and from then on at least fifteen (15) days prior to the expiration dates of expiring policies. d. SLCDA reserves the right to request complete copies of any required insurance policy if deemed necessary to ascertain the details of coverage not provided by the Certificates. e. Compliance with the insurance requirements contained herein is a continuing condition of the Operator's rights to operate at the Airport. If the Operator fails to procure and maintain such insurance, SLCDA shall have the right,but not the obligation, to terminate the Operator's right to operate at the Airport. The SLCDA may also take other actions to mitigate the lack of insurance, at SLCDA's sole discretion. f. The Operator waives any and all rights of subrogation for personal injury or property damage against SLCDA, its Board members, officers, employees, and agents and the City of Salt Lake including its councils, Board members, officers, employees, and agents arising from its operations at the Airport. In addition, the Operator waives any rights of recovery it may have against SLCDA or Salt Lake City Corporation, their councils, Board members, officers, employees, and agents for insured losses occurring to any property insured by the Operator in accordance with these Minimum Standards and its written agreement with SLCDA. g. Each Operator and approved sublessee shall purchase or otherwise acquire the following basic insurance policies at the stated minimums: i. Comprehensive commercial general liability and aircraft liability insurance protecting Salt Lake City Corporation against any and all liability arising by reason of the Operator's conduct or the conduct of its officers, directors, employees, or agents incidental to the use of the Premises, or resulting from any accident occurring on or about the roads, driveways, or other public places, including runways and taxiways,used by FBO at the Airport, caused by or arising out of any wrongful act or omission of the Operator, in the minimum amount of $5,000,000 (for FBOs) or $2,000,000 (for all other Operators) combined single limit for each occurrence for all personal and bodily injury (including passengers), death and/or property damage. ii. Hangarkeeper's Liability Insurance in the minimum amount of$5,000,000 for any one occurrence, subject to deductible of not more than $25,000 for any one occurrence. iii. Automobile comprehensive liability insurance at a combined single limit coverage of not less than $5,000,000 (bodily injury and property damage) per occurrence. iv. Aircraft liability coverage in the minimum amount of$25,000,000 combined single limit for bodily injury and property damage, which shall include but not be necessarily limited to all of the following coverages:Aircraft liability, including General Liability,Aircraft Products and Completed Operations, Liquor Liability, Premise Liability, Products & Completed Operations, Contractual Liability, Hangarkeeper's Liability, Motor Vehicle Liability within the confines of the Airport, Cargo Legal Liability and Fueling and Refueling Liability, if such operations are conducted by the Operator. V. Property Insurance for special form property coverage for any and all of the Leased Premises. Such insurance shall be in an amount equal to the full insurable replacement value of such property.All special form coverage insurance policies shall contain loss payable endorsements in favor of the parties as their respective interests may appear hereunder.All special form coverage insurance policies placed upon the Leased Premises may have a loss payable clause in favor of any mortgage or lender of Operator, as its interests may appear. vi. Business Interruption for gross earnings and extra expense insurance that shall include coverage for all amounts due in accordance with the Lease for a minimum of a six(6) month period. The proceeds of such insurance shall be used first to continue rent and payments to the City. vii. Pollution Liability Insurance coverage with limits of not less than $10,000,000 for each pollution incident and $20,000,000 for the policy aggregate. viii. Fidelity Insurance or Bond protecting against employee theft in connection with Operator's business. Said insurance or bond shall have limits of not less than $1,000,000 per occurrence limit of liability. ix. Workers' Compensation and Employee Liability insurance policy shall provide Workers' compensation and employer's liability insurance sufficient to cover all of Consultant's employees pursuant to Utah law, unless a waiver of coverage is allowed and acquire pursuant to Utah law. In the event that any work is subcontracted, Consultant shall its subcontractor(s) similarly to provide workers' compensation insurance for all of the latter's employees, unless a waiver of coverage is allowed and acquired pursuant to Utah Law or qualified self- insurance as approved and as required by SLCDA. X. Such additional coverage or other insurance in amounts as SLCDA deems advisable for protection against claims, liabilities and losses arising out of or connected with the operation of the Premises. xi. Operators providing aircraft rental, flight training, flying club operations, aircraft charter, aircraft sales, and some other specialized Operators shall be required to acquire aircraft and passenger liability insurance of$1,000,000 (combined single limit—each occurrence) for piston powered aircraft, $5,000,000 (combined single limit—each occurrence) for turbine powered aircraft, and$10,000,000 (combined single limit—each occurrence) for turbine powered aircraft with a wingspan 79 feet or greater. This insurance shall include bodily injury,personal injury, and property damage (excluding aircraft hull) for students and renters of aircraft. xii. Operators providing aircraft rental, flight training, or flying club operations shall be required to acquire Student and Renter Liability insurance in the amount of $100,000 (combined single limit—each occurrence) and CFI Professional Liability insurance (for Operators that employ flight instructors) in the amount of $100,000 (combined single limit—each occurrence). This insurance shall include bodily injury and property damage not only during flight instruction, but also after instruction has been given. I MFq HPARTM ENT OF AIRPORTS MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES AT SOUTH VALLEY REGIONAL AIRPORT (U42) TOOELE VALLEY AIRPORT (TVY) Adopted 2023 Current as of January 31, 2023 Table of Contents 1. INTRODUCTION....................................................................................................................1 1.1 Purpose & Policy................................................................................................................1 1.2 General Information..........................................................................................................2 2. DEFINITIONS.........................................................................................................................4 3. REQUIREMENTS & STANDARDS...................................................................................10 3.1 FAR Part 91 Aircraft Operations. Not for Hire, Military Operations & FAR Part121 Aircraft Operations..........................................................................................10 3.2 Minimum Standards for All Operators.........................................................................10 3.3 Application Procedures and Qualifications...................................................................14 3.4 Approval Procedures.......................................................................................................16 3.5 Minimum Standards for Full Service Fixed Base Operator (FBO)............................17 3.6 Minimum Standards for Specialized Aeronautical Service Operators (SASO) ........22 4. VIOLATIONS AND ENFORCEMENT..............................................................................30 APPENDIX A—MINIMUM REQUIREMENTS FOR A WRITTEN APPLICATION......................................................................................................................31 APPENDIX B— SCHEDULE OF MINIMUM INSURANCE.................................................33 1. INTRODUCTION 1.1 Purpose & Policy The Salt Lake City Department of Airports (SLCDA or Sponsor)will make available the opportunity to engage in commercial and general aviation aeronautical activities at South Valley Regional Airport and Tooele Valley Airport (Airport), by persons and entities (Operator(s)) that meet reasonable minimum standards (Minimum Standards). The purpose of imposing these Minimum Standards is to: a. ensure safe, efficient, and adequate levels of services are offered to the public, b. protect airport users from unlicensed and unauthorized products and services, C. maintain and enhance the availability of adequate services for all airport users, d. promote the orderly development of Airport land, e. ensure the economic health of all on-airport Operators, and f. ensure efficient use of navigable airspace. The Minimum Standards are based on the Airport's status as a general aviation reliever facility, circumstances and conditions at the Airport, and analysis of demand and capacity. These Minimum Standards may be periodically updated and revised as activity or demand for various services changes over time, in such a manner and to such extent as is deemed appropriate by SLCDA. These Minimum Standards may be revised or amended at any time in the discretion of SLCDA. SLCDA will apply these Minimum Standards objectively and uniformly to all similarly situated on-airport aeronautical service Operators. In accordance with these objectives, SLCDA will approve or deny the opportunity for an Operator, as defined herein, to conduct aeronautical activities at SLCIA based on these standards. These Minimum Standards are not intended to be comprehensive; Operators must also comply with all applicable federal, state, local laws and SLCDA Rules and Regulations. By adopting these Minimum Standards, SLCDA does not imply a right to provide services to any operator or provider. It is the policy of SLCDA to extend the opportunity for providing an aeronautical service to any entity meeting SLCDA's Minimum Standards for that service, subject to availability of suitable space at the Airport to conduct such activities. The SLCDA Airport Layout Plan, as approved by the Federal Aviation Administration(FAA),provides the primary basis for determining whether suitable space is available for proposed aeronautical activities. SLCDA reserves the right to solicit requests for proposals and to make determinations and choices of suitable Operators based on solicited proposals, to fill any on-airport aeronautical service opportunity. 1.2 General Information Determinations of what constitutes an acceptable "minimum" and compliance with the Minimum Standards shall be made by SLCDA in its sole discretion. No entity or Operator will be allowed to occupy land and/or improvements or engage in aeronautical activities at the Airport under conditions less than the "minimum,"unless waived in writing by the Executive Director, if determined to be in the best interest of the welfare of Airport operations, in the Executive Director's sole discretion. These Minimum Standards shall not prohibit any person from performing maintenance and fueling with respect to their Operator-owned or controlled aircraft with their own employees, except for restrictions set forth by any lease or other contractual agreement. Activities may exist which are too varied to reasonably permit the establishment of specific minimum standards for each activity. If an aeronautical activity is not addressed in these Minimum Standards, appropriate requirements may be developed on a case-by-case basis and incorporated into any agreement or permit relating to the occupancy/use of Airport land and/or improvements, taking into consideration the needs of the Operator, the existing land-use plans and operational plans of SLCDA, and the public interest in, or demand for, the activity. Upon SLCDA's adoption of these Minimum Standards, any reference in any agreement to prior standards shall be deemed to be a reference to these Minimum Standards. Any existing Operator that is not currently in compliance with these standards at the time of their adoption shall be given a reasonable time, as determined by SLCDA, to comply with these Minimum Standards. Notwithstanding the adoption of these Minimum Standards, nothing herein shall be construed as a modification of any existing agreements wherein an Operator has agreed to exceed any of these Minimum Standards nor is SLCDA prohibited from entering into agreements wherein an Operator is required to exceed these Minimum Standards. SLCDA may prohibit any Operator from using the Airport or engaging in commercial aeronautical activities at the Airport if SLCDA determines the Operator is not complying with these Minimum Standards or has otherwise jeopardized the safety of other individuals or entities utilizing the Airport or the land and/or improvements at the Airport. If the Executive Director determines that any of these Minimum Standards have been violated by any individual or entity operating on the Airport and that the matter cannot be resolved satisfactorily by notice to, and discussion with, the offending entity, then SLCDA may take formal action against the offending entity. Such action shall be at the sole discretion of SLCDA. SLCDA reserves the right to waive all, or any portion of, these Minimum Standards set forth herein for the benefit of any government or governmental agency performing non-profit and/or public services to the aircraft industry,performing emergency medical or rescue services to the public by means of aircraft,performing fire prevention or firefighting operations, or performing law enforcement operations. SLCDA further reserves the right to waive all or any portion of these Minimum Standards for non-government entities/Operators when the entity or Operator is solely engaged in performing emergency medical or rescue services to the public by means of aircraft,performing fire prevention or firefighting operations, or whenever Executive Director, in � 2 their sole discretion, deems such waiver to be in the best interest or welfare of the Airport's operation. The operation of the Airport is subject to the various requirements imposed by the Federal Aviation Act of 1958, as amended, the regulations imposed by the Federal Aviation Administration, and regulations imposed by other federal agencies. The foregoing requirements and regulations shall take precedence and supersede these Minimum Standards should they contradict or conflict with these Minimum Standards solely to the extent that they contradict or conflict. 2. DEFINITIONS All words, terms and phrases when used herein shall have the meanings as described in this section. Words, terms, and phrases which relate to aeronautical practices,processes and equipment, not defined herein, shall be construed according to the definitions in Title 14 of the Code of Federal Regulations or, if not defined therein, according to their general usage in the aviation industry. 2.1 Aeronautical Activity or Aeronautical Service Any activity or service that involves, makes possible, or is required for the operation of aircraft, or another aeronautical activity, that contributes to or is required for the safety of such operations. The following activities, without limitation, that are commonly conducted on airports are considered aeronautical activities within this definition: general and corporate aviation, air taxi and charter operations, scheduled and nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and services, aircraft storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft parts,parachute or ultralight activities, and any other activity which, in the sole judgement of the SLCDA,because of its direct relationship to the operation of aircraft or the Airport, can be appropriately regarded as an aeronautical activity. 2.2 Air Carrier The aircraft and associated operator of commercial scheduled aircraft operating under a FAR Part 121 Air Carrier Certificate. 2.3 Aircraft Aircraft means a device that is used or intended to be used for flight in the air. See 14 CFR § 1.1. 2.4 Aircraft Maintenance Aircraft maintenance is considered to be the repair, maintenance, alteration, preservation, or inspection of aircraft(including the replacement of parts). Major maintenance includes major alterations to the airframe, powerplant, and propellers as defined in federal regulation(14 CFR Part 43). Minor maintenance includes normal, routine annual inspection with attendant maintenance, repair, calibration, or adjustment of aircraft and its accessories. Aircraft assembly is included within the definition of aircraft maintenance. 2.5 Aircraft Charter Operator An entity engaged in the commercial operation of providing air transportation of person(s) or property for hire on an on-demand basis, operating under 14 CFR Part 135 and not including Air Carriers. This section does not apply to life flight helicopter and rescue Operators. � 4 2.6 Aircraft Maintenance Operator An entity engaged in providing Aircraft Maintenance for aircraft not owned and/or operated by the Operator. An Aircraft Maintenance Operator provides one or a combination of airframe, powerplant(engine), or accessory overhauls and/or repair services on aircraft up to and including business jet aircraft and helicopters. This activity also includes the sale of aircraft parts and accessories. 2.7 Airframe and Power Plant Mechanic (A&P Mechanic) Someone holding an FAA authorized aircraft mechanic certificate with both airframe and power plant ratings. 2.8 Aircraft Owner The FAA registered owner of an aircraft, or their authorized designee. 2.9 Aircraft Refueling The transportation, sale, delivery, dispensing, storage, or draining of fuel or fuel waste products to or from aircraft. 2.10 Aircraft Rental The commercial operation of renting or leasing aircraft to the public or another Operator for compensation. 2.11 Aircraft Rental Operator An entity engaged in the rental of aircraft to the general public or another Operator. 2.12 Aircraft Sales The sale of new or used aircraft through brokerage, ownership, franchise, distributorship, or licensed dealership. 2.13 Aircraft Sales Operator An entity engaged in the sale of new or used aircraft or aircraft parts and provides such repair, services, and parts as necessary to meet any maintenance/service guarantee or warranty or to support the maintenance of aircraft sold. Storage of aircraft sold falls into the category of Commercial Hangar Operator, defined herein. 2.14 Airport Airport refers to the land and improvements generally known and designated as South Valley Regional Airport and/or Tooele Valley Airport. The improvements on the land consist of the runways, aircraft taxiways and parking aprons, the passenger and freight terminal buildings, hangars, vehicle roads and parking facilities, and all other improvements on such land. The term I Airport shall also include any adjacent or nearby land hereafter acquired for purposes of the Airport and all improvements hereafter constructed on such land. 2.15 Airport Operations Area (AOA) The area of the Airport used for aircraft landing, takeoff, or surface maneuvering including the areas around hangars, navigation equipment, and communication facilities. 2.16 Airport Security Plan (ASP) The plan required by the Transportation Security Administration which defines how the Airport Sponsor will adhere to and maintain the security requirements of 49 CFR Parts 1542 and1544. 2.17 Airport Layout Plan (ALP) The FAA approved plan of an airport and showing the layout of existing and proposed facilities. 2.18 Apron The apron is a surface in the Air Operations Area(AOA)where aircraft park and are serviced, refueled, loaded with cargo, and accessed by passengers. 2.19 Commercial That which promotes or makes possible earnings, income, revenue, compensation,profits, exchanges (including change of services), trading, buying, hiring, or selling of commodities, goods, services, or tangible or intangible property of any kind, whether or not such objectives are accomplished. 2.20 Commercial Hangar Operator An entity that develops, constructs, leases, and/or owns a hangar structure(s) for the sole purpose of subleasing hangar space (with or without associated office/shop space) to entities engaged in commercial and/or non-commercial Aeronautical Activities. 2.21 Exclusive Right A power,privilege, or other right excluding or debarring another person or entity from enjoying or exercising a like/similar power,privilege, or right. An Exclusive Right may be conferred either by express agreement,by imposition of unreasonable standards or requirements, or by other means. Such a right conferred on one of more parties but excluding others from enjoying or exercising a similar right, would be an exclusive right. The granting of an Exclusive Right to conduct an aeronautical activity on an airport developed or improved with federal funds is expressly forbidden by law. 2.22 Executive Director The Executive Director of the Salt Lake City Department of Airports or designee. �h� 2.23 Federal Aviation Administration (FAA) An agency of the United States Department of Transportation with authority to regulate and oversee all aspects of civil aviation. The Federal Aviation Administration was created by the federal government under Public Law 89-670 and Executive Order 11340 dated March 30, 1967, or to such other governmental agency, which may be successor thereto or be vested with the same or similar authority. 2.24 Federal Aviation Regulations (FAR) Regulations published by the FAA that govern the operation of aircraft, airways, airports, and airmen. 2.25 Fixed Base Operator (FBO) A commercial aeronautical service provider of aircraft refueling, maintenance, servicing and storage authorized to engage in the secondary activities of flight training, aircraft sales and rental, aircraft charter, avionics sales and service, and commercial hangar operations. 2.26 Flight Training Operator or Flight School Operator An entity engaged in providing flight instruction to the general public and/or providing such related ground school instruction as is necessary to take a written examination and flight check for the category or categories of pilot's licenses and ratings involved. 2.27 Flying Club A nonprofit entity organized for the express purpose of providing its members with aircraft for their personal use and enjoyment. Aircraft must be vested in the name of the flying club or owned by all the members equally, and no part of the net earnings of the club may inure to the benefit of any individual in any form, including salaries and bonuses, etc., and the club may not derive greater revenue from the use of the aircraft than the cost to operate, maintain, and replace the aircraft. 2.28 Fueling The transportation, sale, delivery, dispensing, storage, or draining of fuel or fuel waste products to or from aircraft,vehicles, or equipment. 2.29 Fuel Storage Area Any portion of the Airport designated temporarily or permanently by the Executive Director as an area in which aviation or motor vehicle fuel, or any other type of fuel or fuel additive, may be stored or loaded. � 7 2.30 General Aviation All phases of aviation other than aircraft manufacturing, military aviation, and scheduled or non- scheduled commercial Air Carrier operations. May also generally refer to the operation of small/private or business/corporate aircraft of any type. 2.31 Operator(s) Any person, business, or entity doing business or conducting Aeronautical Activity at the Airport. An Operator may be classified as either a Fixed Base Operator(FBO), or a Specialized Aeronautical Service Operator(SASO). 2.32 Owned An aircraft that is owned, leased, or otherwise controlled through written agreement with an Aircraft Owner. 2.33 Person(s) Any individual, firm, or organization, air carrier co-partnership, corporation, company, association, or body politic, and includes any trustee, receiver, assignee, or other representative thereof. 2.34 Rules & Regulations The requirements the Airport has established, and which apply to the activities, operation and use of Salt Lake City International Airport, and as applicable, to South Valley Regional Airport and Tooele Valley Airport. Every Person and Operator doing business at the Airport is obligated to comply with Rules and Regulations, and any applicable federal, state, and local requirements. 2.35 Self-Service Aircraft refueling (excluding the use of a Self-Service Fueling Pump), repair, preventive maintenance, towing, adjustment, cleaning, and general services performed by an Aircraft Owner or its employees on Owned aircraft with resources supplied by the Aircraft Owner. 2.36 Self-Service Fueling Pump The commercial operation of an unattended stationary fuel tank and dispensing equipment for general use via a payment card reader. This includes the operations of anyone utilizing this type of equipment to provide fuel for sale or reuse. 2.37 Specialized Aeronautical Services Operator(SASO) A commercial aeronautical business that is authorized to offer a single or limited service according to established Minimum Standards. Examples of a SASO include but are not limited to the following commercial aeronautical activities: flight training, aircraft maintenance, air charter or taxi, aircraft sales, avionics maintenance, aircraft rental, aircraft storage, air cargo services and �8� aircraft sales. A SASO is not permitted to sell fuel. Fuel sales are restricted to FBOs pursuant to the Minimum Standards of FBOs. 2.38 Specialized Commercial Aeronautical Operator An entity engaged in providing limited aircraft services, support, or air transportation services for hire which are not otherwise categorized in these Minimum Standards. 2.39 Skydiving Operator An entity engaged in the commercial transportation of persons for skydiving, skydiving instruction, and rental and sales of skydiving equipment. 2.40 Sponsor A public agency of a public-use airport that submits to the FAA an application for financial assistance (such as AIP grants) for the airport. In accepting an application for financial assistance, the FAA will ensure that the airport sponsor is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants, and other obligations required of sponsors, which are contained in the AIP grant agreement and property conveyances. �9� 3. REQUIREMENTS & STANDARDS 3.1 FAR Part 91 Aircraft Operations. Not for Hire, Military Operations & FAR Part 121 Aircraft Operations Non-commercial FAR Part 91 and military Aeronautical Activities may be allowable without a lease or other agreement with SLCDA, at the sole discretion of the Executive Director, as long as such operations are not for hire or are governmental in nature, do not require special handling by SLCDA, and are generally handled as a routine operation by an FBO or SASO on the Airport. These operations are allowed to utilize the Airport's runways, taxiways, and aprons as long as their operators pay any and all user fees established by SLCDA (such as landing fees, flowage fees and parking fees) to SLCDA or its designated agent for the collection of such fees. FAR Part 121 Air Carrier Aircraft operations require a special operational and/or lease agreement with the Sponsor and are not included in these Minimum Standards. 10 3.2 Minimum Standards for All Operators The following standards shall apply to all Commercial Aeronautical Activities at the Airport, except as noted in Section 3.1 above. All Operators engaging in any Aeronautical Activity at the Airport must comply with the requirements and standards of this section plus the Minimum Standards for each specific activity as further indicated herein. Operators authorized to engage in any Aeronautical Activity at the Airport under an Aeronautical Services Business Permit issued by SLCDA must comply with the standards of this section plus the requirements of the permit, but are not required to meet the minimum land, apron, hangar, or facilities requirements of Section 3.6. a. No individual or entity shall operate commercially or perform an aeronautical activity from or on the Airport, without applying for and receiving an operating permit or entering into either a lease agreement with SLCDA or receiving approval from SLCDA to sublease land and/or improvements from an authorized lessee. b. The Operator shall have such business background and shall have demonstrated its business capability to the satisfaction of, and in such manner as to meet with the approval of SLCDA. C. Activities not explicitly identified in the Minimum Standards are restricted at the Airport unless SLCDA provides written authorization, such as providing terminal facilities; operating a restaurant; selling alcohol; selling non-aviation products; air shows; advertising unrelated to the FBO; storing hazardous materials; building or operating a fuel farm without permission; heavy maintenance on the apron; parking or storing any vehicles not used daily; contracting with any rental car company except authorized concessionaire. d. Any applicant seeking to conduct an Aeronautical Activity at the Airport should demonstrate that they have adequate financial resources to meet the Minimum Standards for their planned activity at the Airport and to realize the business objectives agreed to by SLCDA and the applicant. The applicant shall provide upon request a financial statement of sufficient detail and credibility to allow SLCDA to make a judgment regarding the adequacy of the applicant's financial resources. e. Unless otherwise specified herein, the Operator shall (1) lease building or hangar space from SLCDA meeting the specified requirements of their planned Aeronautical Activity; (2) lease ground space from SLCDA, on which shall be erected a building by the Operator or other designated entity; or(3) sublease, with SLCDA written approval, from an entity which has an existing building or hangar, to include space as defined in the following minimum standards for each specific Aeronautical Activity; or(4)permit issued by SLCDA. f. The Operator shall maintain, at a minimum, the coverages and policy limits set forth in Appendix B—"Schedule of Minimum Insurance Requirements."All Operators shall demonstrate to the Sponsor satisfactory evidence of its ability to acquire insurance coverage as stipulated for each particular type of operation/activity. Insurance policies shall be maintained in full force and effect during all times of existing leases, agreements, business licenses, or renewals or extensions thereof, with a 30-calendar day notice of cancellation to the Executive Director. SLCDA shall be named as an additional insured on all policies carried by the Operator related to their business at the Airport. Failure to comply with the requirements outlined in Appendix B, and as may be adjusted by SLCDA from time to time, may result in termination of Operator's agreement(s)with SLCDA. g. The Operator and its designees shall obtain and comply with, at its/their sole expense, all necessary licenses, permits, certifications, and/or ratings required for the Operator's activities at the Airport as required by SLCDA or any other duly authorized agency prior to engaging in any Aeronautical Activity at the Airport. Upon request, the Operator will provide copies of such licenses,permits, certifications, and/or ratings to SLCDA. h. Any construction by an Operator shall be in accordance with design and construction requirements of SLCDA and federal, state, and local regulations and applicable codes. i. All construction must conform to all applicable regulations and codes, including SLCDA security rules, regulations, and design standards. j. Operators shall provide a payment and performance bond to ensure the completion of any building or facility to be erected on a leasehold, free and clear of any liens, as SLCDA may request. k. Operators shall provide adequate paved auto parking spaces sufficient to accommodate all activities and operations for Operator and subtenant customers, passengers, and employees, on a daily basis, and in accordance with West Jordan City or Erda City Code. 1. Hangars shall be used exclusively for aeronautical purposes,with stated exceptions per FAA guidance. in. Operators shall engage in Aeronautical Activities in accordance with all applicable federal, state, and local law and regulation, SLCDA Rules and Regulations, and these Minimum Standards, all as may be in effect at any time and as revised from time to time. n. Operators shall have the responsibility to pay any fine(s) levied against the Operator, SLCDA, or their representatives, officers, officials, agents, and volunteers as a result of the Operator's failure to comply with any applicable federal, state, local, or Airport rule, regulation, or law. Operators shall, at their own expense,pay all taxes, fees, utilities, and charges that may be levied, assessed, or charged by any duly authorized agency. o. Operators shall demonstrate that they own, lease, or otherwise have sufficient access to all equipment required to provide the applicable Aeronautical Services promptly on demand without causing any flight delays or other operational impacts on aircraft at �12 the Airport.All equipment must be maintained in good operating condition, good appearance, and in compliance with all applicable safety standards and regulations. The equipment must have a uniform appearance and include the prominent display of Operator's name and logo, and otherwise conform with SLCDA Rules and Regulations. P. An adequate number of qualified and, where applicable, licensed employees shall be on duty at all operational times to provide services consistent with these Minimum Standards. q. Each Operator shall establish a written training program to ensure that all employees are thoroughly trained and qualified to perform the tasks to which they are assigned. The training program shall contain detailed instruction in proper operating procedures for each job classification. Upon request, the Operator shall submit a copy of its written training program(s) to SLCDA. r. All Operators shall comply with all applicable requirements of SLCDA's TSA- approved Airport Security Plan and the Airport's FAA-approved Airport Certification Manual, as updated from time-to-time. S. Each Operator shall provide to SLCDA a list of company officials and 24-hour contact information for each. This list shall include (1) a corporate representative with administrative, operational, and fiscal authority; (2) a local representative with operational authority; and(3)the Operator's point of contact for emergency/security incidents, including environmental incidents. t. With the exception of fueling services provided by an FBO, an Operator may subcontract any of the services it is obligated or authorized to provide, so long as such subcontractor meets the minimum standards,but only with written consent of the Executive Director. U. Any FBO may sublease space to another Operator if such space is available, both parties desire such sublease arrangement, and the sublease is approved, in writing, by the Executive Director. Under no circumstances is any Operator obligated to sublease to another Operator.An Operator can meet the requirement to lease space if it has a sublease that has been approved by the Executive Director, as required. Fueling of subtenant aircraft is prohibited, except when conducted by an FBO. Self-service operations are only permitted for those meeting the definition of Self-Service. V. If more than one type of service will be provided by a SASO from the same premises, the space requirements set forth for each type of aeronautical service may be adjusted or combined to reduce the overall amount of space required,with the Executive Director's written approval. 3.3 Application Procedures and Qualifications An Operator proposing to engage in Aeronautical Activity shall request an initial consultation and assessment with SLCDA prior to submitting a written application(See Appendix A— Minimum Requirements for a Written Application). a. SLCDA may deny any application of an applicant to provide aeronautical services or perform aeronautical activities at the Airport if, in the SLCDA's sole discretion, it determines that any of the following apply: b. The applicant does not meet one or more of any applicable provisions of these Minimum Standards; C. The applicant has supplied SLCDA, or any other person, with false or misleading information or has failed to make full disclosure in its application or supporting documents; d. There is no appropriate, adequate, or available space on the Airport to accommodate the applicant at the time of application; e. The proposed activity would conflict with SLCDA's FAA approved Airport Layout Plan or create a safety hazard; f. The proposed activity would require SLCDA to spend funds,would likely result in a loss of SLCDA funds, or would require SLCDA to supply funds, materials, or manpower that SLCDA does not have budgeted. g. The proposed activity would require an existing Operator or Lessee to reduce the size of such leased premises at the Airport without their consent, result in congestion anywhere within the Airport boundaries, or would interfere with the orderly activities of existing Operators; h. The proposed services or activities could be detrimental to the Airport or otherwise result in creating a safety hazard at the Airport, as determined by the FAA; i. The applicant has violated any of these Minimum Standards or any other statutes, regulations, ordinances, laws, or orders applicable to the Airport within the last 10 years; j. The applicant is currently in default, or has been in default in the past, in the performance of any lease or other agreement with SLCDA; k. The applicant's financial statement, or other financial information submitted to SLCDA, contains information that creates doubt as to the applicant's abilities to provide the proposed services, meet the operational requirements of the business, and pay the applicable fees required by SLCDA; 14 1. The applicant does not have, or cannot demonstrate access to, the operating capital necessary to conduct the proposed operation; in. The applicant is unable to obtain sufficient insurance, financial sureties, or guarantors to protect the interests of SLCDA or other appropriate governmental entities; n. The applicant, including any principal in the business, has been convicted of any disqualifying criminal offense as defined by the Transportation Security Administration under 49 CFR § 1572.103 within the last 10 years; o. The applicant's proposal is not in the best interest of the health, safety, welfare, or convenience of the traveling public; P. Approval of the proposed activity would be inconsistent with SLCDA's obligations contained in its grant assurances as defined by the FAA; or q. The proposed development or use of land will result in a congestion of aircraft or buildings or will result in an unjustified interference with the operation of any present tenant or Operator on the Airport. �l� 3.4 Approval Procedures a. SLCDA shall have ninety(90) days to either approve or deny any applicant's application/proposal to provide any Aeronautical Services or conduct any Aeronautical Activities, as defined herein.All applications will be responded to in writing. b. Applicants may ask for reconsideration of any application denial within thirty (30) calendar days of the receipt of a denial as long as the reconsideration request is in writing and addresses all the reasons for denial outlined in the written denial letter, assuming any reasons were given. If such reconsideration is requested, SLCDA will respond to the request within thirty (30) calendar days.After such reconsideration by SLCDA, its decision will be final, with no further internal reconsiderations, except as may be required by the FAA. 16 3.5 Minimum Standards for Full Service Fixed Base Operator (FBO) In addition to the general requirements set forth in Section 3.2 through 3.4 herein, the following sets forth the Minimum Standards for a Full-Service Fixed Base Operator(FBO) at the Airport. a. Leased Premises.A FBO shall provide and/or develop, via lease or other agreement, adequate land, apron, hangar(s), facilities (terminal, office, fuel storage, and shop) and vehicle parking to accommodate all activities of the FBO and all approved sublessees, but not less than the following requirements: i. Land.At least 217,800 square feet(5.0 acres), which all required improvements including,but not limited to, apron,hangar(s), facilities (customer lounges, office, and shop), vehicle parking, roadway access, and landscaping will be located. ii. Aircraft Apron/Paved Tie-down.Apron shall be a minimum of 200 percent of hangar square footage, commensurate with the total number of aircraft handled on site by the Operator and suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft to be handled by the FBO. FBO must be able to provide tie-down area for the aircraft being serviced by the Operator. iii. Hangar. One single structure, conventional type hangar comprising a minimum of 10,000 square feet dedicated to aircraft maintenance and storage operations, capable of accommodating the largest aircraft likely to be serviced by the Operator at the Airport, with door openings of at least 100 feet in width and at least 21 feet in height. The hangar must contain a minimum of 4,000 square feet dedicated to a terminal area, in addition to the aircraft maintenance and storage area, with separate entrances for both areas. The terminal area must include crew and passenger lounges, a conference room, administrative offices, and restrooms. iv. Fuel Storage. The FBO shall lease or construct an on-airport above-ground fuel storage facility, in a location approved by SLCDA, capable of containing at a minimum 10,000 gallons of AvGas and 20,000 gallons of Jet A. Such fuel storage area shall be designed, constructed, and maintained to all applicable standards and shall contain the proper drainage and secondary containment as required by Utah Department of Environmental Quality and all other applicable federal, state and local laws, and Airport Rules and Regulations. b. The FBO shall demonstrate that it has made satisfactory arrangements with an industry-recognized aviation petroleum supplier for delivery of aviation fuels in such quantity as are necessary to meet the requirements set forth herein and to meet customer demand. C. The FBO shall have an approved, written Spill Prevention Contingency and Control Plan (SPCC Plan)that meets federal, state, local, and Airport Rules and Regulations � 7 for above ground fuel storage facilities.An updated copy of the SPCC Plan shall be filed with the Executive Director at least thirty (30) days prior to commencing operations. d. The FBO shall provide all required training and maintain all required training records to meet the requirements of the FAA. e. Equipment. Operator will provide regular monitoring and timely response for repair of equipment and reimbursement resulting from malfunction. SLCDA reserves the right to periodically inspect all equipment used by the Operator and to deny its use on the Airport if SLCDA determines that the equipment is not safe or otherwise unfit for use. Such determination shall be based on noncompliance with any applicable NFPA Standards, the SLCDA's Airport Certification Manual, any applicable Federal or FAA Advisory Circular or FAA Order, and SLCDA's observation regarding the equipment's leaking of oil, fuel, or other chemicals that could cause damage to Airport pavements or create an explosive hazard. The FBO shall provide at least the following equipment: i. Adequate tie-down equipment required to safely secure aircraft as set forth in AC 20-35C "Tiedown Sense." ii. Adequate equipment for recharging or energizing discharged aircraft batteries. iii. Aircraft tugs and tow bars with rated draw bar capacities sufficient to meet the towing requirements of the aircraft normally frequenting the Airport. iv. Adequate number of approved and regularly inspected dry chemical (and other ratings as needed) fire extinguisher units shall be maintained within the FBO hangar(s), at fuel storage facilities, and on all refueling vehicles. V. All equipment necessary for the proper performance of aircraft maintenance in accordance with applicable FAA regulations and manufacturers specifications. vi. Lavatory servicing cart capable of serving the Airport and capable of emptying into the Airport's lavatory dump station. vii. Fueling Equipment. The FBO shall have at least one (1) fully functioning jet refueling vehicle with a capacity of at least 3,000 gallons each and at least one (1) fully functional AvGas refueling vehicle with a capacity of at least 750 gallons. f. All aircraft refueling vehicles shall be equipped with reliable metering devices that meet all applicable requirements for fuel sales and inventory control.At least one (1) Jet fuel refueling vehicle shall have over-the-wing and single point refueling capability.All refueling vehicles shall be bottom loaded.All refueling vehicles will be periodically inspected by SLCDA and at least annually by the FAA, ensuring that all 18 refueling vehicles are safe and presentable, in the sole judgment of SLCDA, for use on the Airport. SLCDA reserves the right to disallow refueling vehicles on the Airport's property that do not meet all applicable standards and safety requirements. The FBO shall provide all training and maintain all required training and vehicle records to meet the requirements of the FAA. g. All aircraft refueling vehicles shall be equipped and maintained to comply at all times with all applicable federal, state, local, and SLCDA's Rules and Regulations, including without limitation, those prescribed by the following: i. Utah State Fire Code and Fire Marshall's Codes; ii. National Fire Protection Association(NFPA) Standards; iii. 14 CFR Part 139,Airport Certification, all applicable sections including Section 139.321 "Handling/Storing of Hazardous Substances and Materials;" iv. Applicable FAA Advisory Circulars (AC's), including AC 00-34A "Aircraft Ground Handling and Servicing,"AC 150-5210-51) "Painting, Marking, and Lighting of Vehicles Used On An Airport," and AC 150/52304B "Aircraft Fuel Storage, Handling, and Dispensing on Airports", as may be amended. h. Personnel. The FBO shall staff properly trained and qualified employees providing all required services. While on duty at the Airport, all FBO personnel shall be clean, neat in appearance, courteous, and properly uniformed (excluding management and administrative personnel). Personnel uniforms must include the FBO's company name and the employee's identification badges and shall at all times be professionally and properly maintained. i. Full-Time Manager.All activities of the FBO shall be conducted under the guidance and supervision of a full-time, on-site FBO Manager. Such person must be a highly qualified and experienced FBO Manager vested with full power and authority to direct and conduct all matters pertaining to the day-to-day FBO operation. Such FBO Manager shall be assigned to the Airport location and shall be available during normal business hours, also being on-call 24 hours per day in case of emergencies. ii. Line Service.At least two (2) fully trained and qualified fuel service staff persons shall be on duty at all times while the facility is open for business. All fuel service personnel shall have successfully completed an approved line technician safety course.A National Aviation Transportation Association(NATA) course or equivalent is acceptable. iii. Customer Service.At least one (1) customer service representative must be on duty to handle customers entering the FBO facilities during normal business hours. The customer service representative may be cross trained to count toward staffing requirements for line service personnel as well. iv. Maintenance.At least one (1) FAA licensed Airframe and Powerplant (A&P)mechanic available to perform maintenance on General Aviation aircraft and the Air Carrier aircraft that normally utilize the Airport shall be on-duty and on-premises for at least eight(8)hours during the FBO's operating hours, five days a week, and shall otherwise be on-call during other hours. i. Operating Procedures. The FBO shall develop and maintain Standard Operating Procedures (SOPS) for fueling, ground handling and management of aircraft staging on the FBO ramp. The SOPs shall include a training plan, record keeping, fuel quality assurance procedures, and emergency response procedures. The SOPS shall address bonding and fire protection,public protection, control of access to fuel storage facilities, as well as marking/labeling of fuel storage tanks and refueling vehicles. The FBO's SOPs must be submitted to SLCDA no less than thirty(30) days prior to the commencement of FBO activities at the Airport. SLCDA will conduct periodic inspections to ensure compliance. j. Hours of Operation.Aircraft fueling, ground handling, and customer service shall be continuously offered and available to meet reasonable customer demand during normal hours, and on-call as appropriate, with a response time not to exceed two (2) hour. k. Aircraft Removal.Although aircraft removal is the responsibility of an aircraft owner, the FBO shall be prepared to lend assistance with respect to equipment and personnel within a one (1)hour response time, as requested by SLCDA, in the removal of downed or disabled aircraft from the Airport runways and taxiways in order to maintain the operational readiness of the Airport. The FBO should train its personnel in proper protocols and procedures to remove aircraft and emergency procedures with regards to working with SLCDA in emergency situations. 1. Insurance. See Appendix B. in. Licenses & Certifications. The FBO shall have and provide to SLCDA evidence of federal, state, and local licenses and certificates that are required for all operations. n. Services.An FBO must provide all of the following products and services at its premises on the Airport. i. Storage, sale, an dispensing of required aviation fuels and other petroleum products such as engine lubricants. FBO shall be capable of providing a response time for fueling not to exceed 30 minutes in normal conditions during regular hours of operation. ii. Aviation fuels and lubricating oils shall be stored and dispensed by an FBO in accordance with all local, state, and federal laws, regulations, rules, and other requirements, as same may be amended from time-to- time,regarding the sale and storage of such fuels and oils, including without limitation any rules, regulations, or Minimum Standards that are established(and as modified from time-to-time)by SLCDA. iii. Prior to commencement of storage, selling, or dispensing of any fuels at the Airport, an FBO shall submit to SLCDA, for review and comment, the FBO's Spill Prevention Control and Countermeasures Plan and its Pollution Prevention Plan. Fuel storage, selling, or dispensing will be disallowed by SLCDA if any serious deficiencies are found in these plans that are not rectified prior to commencement of the operations and which would cause SLCDA or the FBO to be in violation of any applicable rule or regulation. iv. Aircraft and engine maintenance/repair services directed towards the general aviation, corporate, commercial aviation, air carrier, and governmental markets. V. Aircraft tie-down service. vi. Marshaling and parking of aircraft. vii. Passenger and aircraft services such as,but not limited to,passenger ramp service, baggage handling, aircraft towing, and aircraft interior cleaning. viii. Collection and remittance of various fees, as designated by SLCDA. ix. Aircraft storage services. X. Aircraft ground power service. xi. Catering service for corporate and other general aviation aircraft. xii. Aircraft lavatory service. o. Other services. i. An FBO may provide other specialized aeronautical services on its leasehold subject to the approval of SLCDA, through the Executive Director, including the sale of new or used aircraft, the sale or rental of all types of consumer products normally related to the ownership or operation of aircraft, and any other services normally performed by similar FBOs at other airports in the United States. These requests will be reviewed and approved on a case-by-case basis. 3.6 Minimum Standards for Specialized Aeronautical Service Operators (SASO) In addition to the general requirements set forth in Section 3.2 through 3.4 herein, the following sets forth the Minimum Standards for a Specialized Aeronautical Service Operator(SASO) at the Airport. SASOs are not permitted to include fuel tanks or sell fuel unless waived in writing by the Executive Director. In the event of a waiver by the Executive Director the SASO will follow all regulations in Section 3.5 b, c, and d. Upon the operation of a full-time FBO at TVY, fuel tanks or selling of fuel shall be restricted to the FBO. a. Aircraft Maintenance Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron,hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: I. Land. Sufficient land to accommodate all of the Operator's activities. 2. Aircraft Apron.Apron shall be a minimum of 150 percent of hangar square footage and commensurate with total number of aircraft handled by the Operator, and suitable for the site with sufficient weight bearing capacity accommodate the largest aircraft handled by the operator. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 5,000 square feet dedicated to aircraft maintenance and storage operations, with door openings capable of accommodating the largest aircraft likely to be serviced by the Operator at the Airport. 4. Facilities.Adequate space for customer lounges, administrative offices, maintenance shops, and restrooms. ii. Licenses and Certifications. Maintenance personnel must be properly certified by the FAA and hold the appropriate ratings for the work being performed. iii. Personnel. The Operator shall staff sufficient personnel to adequately and safely carry out aircraft maintenance in a courteous,prompt, and efficient manner.At least one FAA licensed A&P Mechanic, one Manager, and one customer service representative must be employed by the company and work at this Airport location. iv. Equipment. The Operator shall provide sufficient shop space, equipment, supplies, and availability of parts as required for certification as a FAA Part 145 Repair Station. V. Hours of Operation. The Operator shall be open and services shall be available to meet the reasonable demands of the public at least five days per week, eight hours per day, and be available after hours, on-call, with a response time not to exceed one hour. 22 vi. Insurance. See Appendix B. b. Aircraft Rental, Flying Club, Flight School and/or Flight Training Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron,hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: 1. Land. Sufficient land to accommodate all of the Operator's activities. 2. Aircraft Apron. Suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft in the Operator's fleet. 3. Hangar. Sufficient to accommodate the total number of aircraft in the Operator's fleet.Any hangar shall be exclusively for aeronautical purposes related to the Operator's Owned aircraft. 4. Facilities.Adequate space for customer lounges, administrative offices, instructional offices/rooms, maintenance shops, and restrooms. ii. Licenses and Certifications. Persons performing aircraft proficiency checks and/or flight training must be properly certificated by the FAA and hold the appropriate rating for the aircraft being utilized and/or flight training being provided. iii. Personnel. 1. The Operator shall staff sufficient personnel to adequately and safely carry out aircraft rental and/or flight training in a courteous,prompt, and efficient manner adequate to meet the reasonable demands of the public/members. 2. Aircraft Rental Operators and shall employ at least one flight instructor. 3. Flight Training Operators shall employ at least one Chief Flight Instructor. 4. Flying Clubs are not required to have a minimum number of employees, however they shall have a designated person that is available 24 hours per day, 365 days per year, to handle administrative requirements and any emergency or non-emergency situations that might occur with club aircraft at the Airport. Such clubs shall ensure that the contact information is continually up to date with SLCDA. iv. Equipment. 1. The Operator shall have available for rental and/or use in flight training at least two Owned aircraft under the exclusive control of the Operator at the commencement of the Aeronautical Activity, and at least three aircraft after one year of operation. These aircraft shall be based at the Airport. This requirement does not apply to Flying Clubs. 2. Flight Training Operators shall include, at a minimum, adequate training aids necessary to provide proper and effective ground school instruction. All materials, supplies, and training methods must meet FAA requirements for the training offered. 3. Adequate tie-down equipment, including ropes, chains, and other types of restraining devices and wheel chocks which are required to safely secure and tie-down aircraft as set forward in FAAAC 20-35C. V. Hours of Activity. 1. Operator shall be open and services shall be available to meet the reasonable demands of the public five days per week, eight hours per day. 2. Private Flying Clubs are not required to have regular business hours. vi. Insurance. See Appendix B. C. Aircraft Charter Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: 1. Land. Sufficient land to accommodate all of the activities. 2. Aircraft Apron.Apron shall be a minimum of 150 percent of hangar square footage and commensurate with total number of aircraft in the Operator's fleet, and suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft in the Operator's fleet. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 5,000 square feet dedicated to aircraft maintenance and storage operations, with door openings capable of accommodating the largest aircraft in the Operator's fleet. The hangar shall be exclusively for aeronautical purposes related to the Operator's owned aircraft. 4. Facilities.Adequate space for customer lounges, administrative offices, maintenance shops, and restrooms. I ii. Licenses and Certifications. 1. The Operator shall provide copies to SLCDA of all the appropriate certificates and approvals, including without limitation, the Pre- application Statement of Intent(FAA Form 8400-6), the Regulations and Amendments under Part 298 (OST Form 4507), and FAA operating certificate(s). 2. Personnel must be properly certified by the FAA and hold the appropriate ratings in the aircraft utilized for the activity. iii. Personnel. I. The Operator shall staff sufficient personnel to adequately and safely carry out the activity in a courteous, prompt, and efficient manner adequate to meet the reasonable demands of the public. 2. The Operator shall employ at least one (1) Chief Pilot. iv. Equipment. 1. The Operator shall provide one certified and continuously airworthy instrument qualified multi-engine or single turbine engine aircraft, Owned and under the exclusive control of the Operator. 2. Adequate tie-down equipment, including ropes, chains, and other types of restraining devices and wheel chocks which are required to safely secure tie-down aircraft as set forth in FAAAC 20-35C. V. Hours of Activity. 1. The Operator shall be open and services shall be available to meet the reasonable demands of the public five days per week, eight hours per day. Response times to customer inquiries shall not exceed one hour. vi. Insurance. See Appendix B. d. Aircraft Sales Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: 1. Land. Sufficient land to accommodate all of the activities. 25 2. Aircraft Apron.Apron shall be a minimum of 150 percent of hangar square footage and commensurate with total number of aircraft controlled on site by the Operator, and suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft controlled on site by the Operator. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 5,000 square feet dedicated to aircraft maintenance and storage operations, with door openings capable of accommodating the largest aircraft in the Operator's fleet. 4. Facilities.Adequate space for customer lounges, administrative offices, maintenance shops, and restrooms. ii. Licenses and Certifications. Personnel must be properly certified by the FAA and hold the appropriate ratings for providing flight demonstration in all aircraft offered for sale. iii. Personnel. 1. The Operator shall staff sufficient personnel to adequately and safely carry out the activity in a courteous, prompt, and efficient manner adequate to meet the reasonable demands of the public. 2. The Operator shall employ at least one (1) licensed and current commercial pilot current in the types of aircraft offered for sale. iv. Equipment. 1. Necessary and satisfactory arrangements for Aircraft Maintenance shall be provided in accordance with any sales guarantee or warranty period. 2. Adequate tie-down equipment, including ropes, chains, and other types of restraining devices and wheel chocks which are required to safely secure tie-down aircraft as set forth in FAA AC 20-35C. V. Hours of Activity. The Operator shall be open and services shall be available to meet the reasonable demands of the public five days per week, eight hours per day. vi. Dealerships.An Operator which is an authorized factory sales franchise, dealer, or distributor shall have available or on call at least one current model demonstrator of aircraft in each of its authorized product lines. vii. Insurance. See Appendix B. � 6 e. Skydiving Operator i. Leased Premises. Operators engaged in this aeronautical activity shall have land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: [Note: skydiving operations are not permitted at South Valley Regional Airport in accordance with Airport Rules and Regulations.] 1. Land. Sufficient land to accommodate all of the activities. 2. Aircraft Apron. Suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft in the Operator's fleet. 3. Hangar. Sufficient to accommodate the total number of aircraft in the Operator's fleet. 4. Facilities.Adequate space for customer lounges, administrative offices, maintenance shops or production facilities, and restrooms. 5. Each Operator must enter into a separate lease or license for the area on the Airport to be used as a drop zone. The drop zone shall be used exclusively for such purpose. The drop zone must be sufficiently large to enable safe landings for the skydiving operation, and at a minimum, must be 300 feet by 300 feet. ii. Licenses and Certifications. The Operator shall provide to SLCDA evidence of federal, state, and local licenses and certificates that are required for the operation. 1. The operator shall meet or exceed the Basic Safety Requirements (BSR) of the United States Parachute Association(USPA), 14 CFR 105, FAA Advisory Circular 105-2E or successor versions, and all other related FAA publications. iii. Personnel. The Operator shall staff sufficient personnel to adequately and safely carry out the activity in a courteous,prompt, and efficient manner adequate to meet the reasonable demands of the public. 1. The Operator shall employ at least one (1) FAA commercial pilot holding the appropriate medical certificate and ratings for the aircraft operated. The Operator shall also have at least one (1)USPA qualified skydiving instructor holding the appropriate medical certificate and ratings required to conduct the skydiving operations. 2. When the operator is using a drop zone within five (5) statute miles of the Airport, one (1) of its employees will serve as a drop zone manager/observer at the drop zone during all skydiving activities. The drop zone manager/observer for safety purposes shall have a radio capable of transmitting on UNICOM and capable of communicating with the skydiving aircraft as necessary for safety purposes. iv. Equipment. The Operator shall provide and have based at the Airport, either owned or under written lease to the Operator, sufficient equipment, supplies, and availability of parts, including, if appropriate, one continuously airworthy aircraft. V. Hours of Activity. The Operator shall be open and services shall be available during hours normally maintained by operators conducting similar activities. vi. Insurance. See Appendix B. f. Specialized Commercial Aeronautical Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: I. Land. Sufficient land to accommodate all of the activities. 2. Aircraft Apron.Apron shall be commensurate with the size of the hangar, total number of aircraft controlled on site by the Operator, and suitable for the site with sufficient weight bearing capacity to accommodate the largest aircraft controlled on site by the Operator. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 5,000 square feet dedicated to aircraft maintenance and storage operations, with door openings capable of accommodating the largest aircraft in the Operator's fleet. 4. Facilities.Adequate space for customer lounges, administrative offices, maintenance shops or production facilities (as required by Operator), and restrooms. ii. Licenses and Certifications. The Operator shall provide to SLCDA evidence of federal, state, and local licenses and certificates that are required for the operation. iii. Personnel. The Operator shall staff sufficient personnel to adequately and safely carry out the activity in a courteous,prompt, and efficient manner adequate to meet the reasonable demands of the public. iv. Equipment. The Operator shall provide and have based at the Airport, either owned or under written lease to the Operator, sufficient equipment, supplies, and availability of parts, including, if appropriate, one continuously airworthy aircraft. V. Hours of Activity. The Operator shall be open and services shall be available during hours normally maintained by operators conducting similar activities. vi. Insurance. See Appendix B. g. Commercial Hangar Operator i. Leased Premises. Operators (other than a FBO or authorized sublessee) engaged in this aeronautical activity shall have land, apron, hangar, facilities, and vehicle parking to accommodate all activities of the Operator and all approved sublessee(s), but not less than the following Leased Premises requirements: 1. Land. Sufficient land to accommodate all of the Operator's activities. 2. Aircraft Apron.Apron shall be a minimum of 150 percent of hangar square footage and commensurate with total number of aircraft handled by the Operator, and suitable for the site with sufficient weight bearing capacity accommodate the largest aircraft handled by the operator. 3. Hangar. One single structure, conventional type hangar comprising a minimum of 5,000 square feet dedicated to the Self-Service of Operator or subtenant owned aircraft, with door openings capable of accommodating the largest aircraft likely to be serviced by the Operator at the Airport. 4. Hours of Operation Hours of Activity. The Operator shall be open and services shall be available during hours normally maintained by operators conducting similar activities. 5. Insurance. See Appendix B. h. Specialized Operators Performing More Than One Service i. Any Operator who wishes to perform more than one specialized aviation service but who will not meet the definition of a FBO must meet the Minimum Standards for each service that will be provided. However, the Operator may request, in writing, to utilize the same space, facilities, and/or employees to meet the standards by demonstrating that the space, facilities, and/or employees can adequately meet the needs of all activities.Approval will be at the sole discretion of the Executive Director. 29 4. VIOLATIONS AND ENFORCEMENT Failure to comply with these Minimum Standards shall subject an Operator's agreement and privilege to operate at the Airport to suspension or termination, as provided by such agreement. Generally, upon written notice from the Executive Director that an Operator is violating or has violated a provision of these Minimum Standards, Operators are afforded a specified period of time to remedy such violation or become subject to other default provisions of their agreement, including possible termination thereof, or show cause as why additional time should be granted by the Executive Director to enable the Operator to complete a cure. Such appeals must be pursued in accordance with provisions specified in the Operator's agreement. 30 APPENDIX A—MINIMUM REQUIREMENTS FOR A WRITTEN APPLICATION An Operator proposing to engage in Aeronautical Activity shall provide a demonstration of intent to conduct a business operation at the Airport via written application directed to the Executive Director. All applications to conduct a business operation at the Airport shall be in written form and include a business plan. The application materials and any subsequent documentation provided to SLCDA or any of its representatives are subject to Utah State Public Records Law. The written application shall contain at least the following: a. The proposed nature of the business.A business plan should be used to express the proposed nature of the business.At a minimum, the following information shall be included in the written business plan: i. The type of business entity to be formed(or existing)that is proposed to operate (for example: corporation, limited liability company, partnership, etc.). Identify all services that will be provided by this Operator. Give a detailed description of the operation. ii. The amount of land desired to lease and the lease term requested, including where this land is proposed to be located. iii. The building space that will be constructed or leased, including where this building space will be located and/or from what entity it will be leased. iv. The number of aircraft, sizes, and types, that will be operated by the Operator. Alternatively, identify the types, sizes, weights, and numbers of aircraft anticipated to be serviced or stored on-site by the Operator. V. Any specialized equipment and tooling that will be provided by the Operator. vi. The proposed number of persons to be employed at the Airport (indicate how many full or part time). vii. A short resume for each owner and financial backer. viii. A short resume of the manager of the business (if not an owner), including the person's experience and background managing a business of this nature. ix. The operational periods (days and hours) of the proposed operation. X. The amounts and types of insurance to be provided. xi. Financial projections for the first five years of construction and operations. xii. A marketing plan detailing the proposed methods to attract new business. xiii. Any plans for future physical expansion. 31 b. A listing of all parties who own an interest in the business or will appear on leases or other documents as a partner, director, or corporate officer, and those who will be managing the business. The listing shall include the name, address, and telephone number of each person with a controlling interest in the business. For corporations and limited liability companies, the listing shall include the name, address, and telephone number of the corporation's (or limited liability company's) officers and directors. If any listed person also has any business interest in any other business currently operating on the Airport, such facts should be noted in detail. C. A current, audited financial statement prepared by a Certified Public Accountant. If an audited financial statement is not available, the applicant should provide enough financial information about the business in order for SLCDA to evaluate the financial strength of the business. If the business is new with no prior history, then verifiable letters of credit or investment should be supplied to show that the business is credible. d. A listing of the assets owned or leased, current or planned, for the proposed business. e. A list of key personnel, with resumes, to be assigned to the business at the Airport, along with a description of their duties and responsibilities. f. Copies of all licenses, permits, and certifications possessed by the applicant or its key employees to be based at the Airport that are required to perform the proposed services. If various licenses,permits, or certifications are pending, list the status of each and indicate anticipated receipt dates. g. For at least one principal with an interest in the business, complete an Airport General Aviation Application and Application for Fingerprinting. These applications are available from SLCDA Badging Office Airport's Public Safety Office (801-575- 2423). h. Proof(copy of insurance letter of intent) of liability coverage for the business operation, flight operations, aircraft, and operators and premises insurance. i. A written authorization for the FAA or any aviation or aeronautics commissions, administrators, and departments of all states in which the applicant has engaged in aviation business to release information in their files relating to the applicant or its operation. The applicant will execute such forms, releases, or discharges as may be required by those agencies. j. Other information as SLCDA may require to effectively evaluate the proposal. k. Where applicable, a copy of any written agreement between the applicant and an Air Carrier currently serving the Airport, together with a written statement from such Air Carrier to SLCDA that the applicant meets the Air Carrier's standards for the services to be provided to such Air Carrier. I APPENDIX B—SCHEDULE OF MINIMUM INSURANCE Below are the minimum insurance requirements for all Operators. Additional types of insurance coverage may be required for any Operator, based upon the nature of the service to be provided by the Operator and which is determined by SLCDA on a case-by-case basis. a. The Operator, at its sole expense, must purchase or otherwise acquire, carry, and maintain at all times the levels of insurance coverage meeting SLCDA's minimum requirements. b. All insurance must be effected under valid and enforceable policies, issued by recognized, responsible insurers qualified to conduct business in Utah, and which are well-rated by national rating organizations.All companies providing insurance policies required herein shall be appropriately licensed and shall have a financial rating of no lower than [A] as listed in A.M. Best's Key Rating Guide (current edition or interim report). Companies with ratings lower than [A] will be acceptable only upon written consent of SLCDA. C. Insurance policies must name the Operator as the insured, name Salt Lake City Corporation and the Salt Lake City Department of Airports as additional insureds with respect to general liability and automobile liability coverages. Insurance policies shall not have the ability to be canceled, terminated, or materially changed without at least thirty (30) days prior written notice from the Operator's insurance carrier to SLCDA. Certificates evidencing such insurance must be submitted by the Operator to the Executive Director prior to commencement of service at the Airport and from then on at least fifteen (15) days prior to the expiration dates of expiring policies. d. SLCDA reserves the right to request complete copies of any required insurance policy if deemed necessary to ascertain the details of coverage not provided by the Certificates. e. Compliance with the insurance requirements contained herein is a continuing condition of the Operator's rights to operate at the Airport. If the Operator fails to procure and maintain such insurance, SLCDA shall have the right,but not the obligation, to terminate the Operator's right to operate at the Airport. The SLCDA may also take other actions to mitigate the lack of insurance, at SLCDA's sole discretion. f. The Operator waives any and all rights of subrogation for personal injury or property damage against SLCDA, its Board members, officers, employees, and agents and the City of Salt Lake including its councils, Board members, officers, employees, and agents arising from its operations at the Airport. In addition, the Operator waives any rights of recovery it may have against SLCDA or Salt Lake City Corporation, their councils, Board members, officers, employees, and agents for insured losses occurring to any property insured by the Operator in accordance with these Minimum Standards and its written agreement with SLCDA. g. Each Operator and approved sublessee shall purchase or otherwise acquire the following basic insurance policies at the stated minimums: Minimum Standards for Commercial Aeronautical Activities South Valley Regional and Tooele Valley Airports Insurance tirrdts are subject to change Aircraft Cornrrrercial Hangar Keepers Workers Aviation Liability Liability for Business Business General Liability Liability Auto Liability Compensation for FBO,Schools Single Aircraft Pollution Interruption Property and Clubs Owners Insurance FBO $5 Mil $5 Mil $5 Mil Statutory Lints $2 Mil per seat $2 Mil per seat $5 Mil Per SLCDA BPP Flight School $2 Mil N/A $2 Mil Statutory Lints $2 Mil per seat $2 Mil per seat N/A Per SLCDA N/A Independent Flight $2 Mil N/A $2 Mil Statutory Lints N/A $2 Mil per seat N/A N/A N/A Instructor Independent Mechanic $2 Mil* Per SLCDA $2 Mil Statutory Lints N/A N/A N/A N/A BPP Onsite Mechanic $2 Mil* $1 Mil $2 Mil Statutory Lints N/A N/A Per SLCDA Per SLCDA BPP Aircraft Detailer $2 Mil N/A $2 Mil Statutory Lints N/A N/A N/A N/A N/A Skydiving $1 Mil w/Waiver N/A $2 Mil Statutory Lints N/A $2 Mil per seat N/A Per SLCDA N/A Requirement Special Operations Per SLCDA N/A N/A N/A Per SLCDA Per SLCDA N/A N/A N/A *Liability coverage must include Products and Completed Operations For specific indemnity and insurance provisions please email Airportinsurance@slcQov— Please note that not all operations and activities are allowed at both airports(i.e.Skydiving). �34 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj CITY COUNCIL TRANSMITTAL Date Received.. _3/1/2023 Rac el Otto, Chief of Staff Date Sent to Council: 3/1/2023 TO: Salt Lake City Council DATE 3/1/2023 Darin Mano, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation:Airport Board STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation:Airport Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Hoang Nguyen as a member of the Airport Board. P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayor C ,L�•. =N m F March 1, 2023 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Mano, Listed below is my recommendation for membership appointment to the Airport Board. Hoang Nguyen to be appointed for a four year term, 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 P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj CITY COUNCIL TRANSMITTAL Date Received.. 3/6/2023 Rac el Otto, Chief of Staff Date Sent to Council: 3/6/2023 TO: Salt Lake City Council DATE 3/6/2023 Darin Mano, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Community Development and Capital Improvement Program Advisory Board STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Community Development and Capital Improvement Program Advisory Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Joseph Murphy as a member of the Community Development and Capital Improvement Program Advisory Board. P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj March 6, 2023 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Mano, Listed below is my recommendation for membership appointment to Community Development and Capital Improvement Program Advisory Board Joseph Murphy to be appointed for a three year term ending Monday,June 1,2026 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 P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj CITY COUNCIL TRANSMITTAL C1 Gt,C Date Received: 3/10/2023 Rac el Otto, Chief of Staff Date Sent to Council: 3/10/2023 TO: Salt Lake City Council DATE 3/10/2023 Darin Mano, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Bicycle Advisory Committee STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Bicycle Advisory Committee RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Alla Chernenko a member of the Bicycle Advisory Committee. P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj March 10, 2023 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Council Member Mano, Listed below is my recommendation for membership appointment to Bicycle Advisory Committee. Alla Chernenko to be appointed for a three year starting from the date of City Council advice and consent. I respectfully ask your consideration and support for this appointment. Respectfully, E�4� Erin Mendenhall,Mayor Cc: File P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj CITY COUNCIL TRANSMITTAL C1 Gt,C Date Received: 3/16/2023 Rac el Otto, Chief of Staff Date Sent to Council: 3/16/2023 TO: Salt Lake City Council DATE 3/16/2023 Darin Mano, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Parks,Natural Lands, Urban Forestry, and Trails Advisory Board STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Parks,Natural Lands, Urban Forestry, and Trails Advisory Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Talula Pontud a member of the Parks,Natural Lands,Urban Forestry, and Trails Advisory Board P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 EFJN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj March 16, 2023 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, UT 84114 Dear Council Member Mano, Listed below is my recommendation for the membership appointment for Parks, Natural Lands, Urban Forestry, and Trails Advisory Board. Talula Pontuti to be appointed for a three year term, starting from date of City Council advice and consent. I respectfully ask for your consideration and support for this appointment. Respectfully, Erin Mendenhall,Mayor cc: file P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj CITY COUNCIL TRANSMITTAL Date Received: 3/23/2023 Rac el Otto, Chief of Staff Date Sent to Council: 3/23/2023 TO: Salt Lake City Council DATE 3/23/2023 Darin Mano, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Re-Appointment Recommendation: Sister Cities Board STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Re-Appointment Recommendation: Sister Cities Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and re-appoint Olga Efimova a member of the Sister Cities Board. P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj March 23, 2023 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, UT 84114 Dear Council Member Mano, Listed below is my recommendation for the membership re-appointment for Sister Cities Board. Olga Efimova to be re-appointed for a three year term, starting from date of City Council advice and consent and term ending on Monday,July 6, 2026. I respectfully ask for your consideration and support for this appointment. Respectfully, Erin Mendenhall,Mayor cc: file P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj CITY COUNCIL TRANSMITTAL C1 Gt,C Date Received: 3/23/2023 Rac el Otto, Chief of Staff Date Sent to Council: 3/23/2023 TO: Salt Lake City Council DATE 3/23/2023 Darin Mano, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Re-Appointment Recommendation: Sister Cities Board STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Sister Cities Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and re-appoint Sheri Sorensen a member of the Sister Cities Board. P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj March 23, 2023 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, UT 84114 Dear Council Member Mano, Listed below is my recommendation for the membership re-appointment for Sister Cities Board. Sheri Sorensen to be re-appointed for a three year term, starting from date of City Council advice and consent and term ending on Monday,July 6, 2026. I respectfully ask for your consideration and support for this appointment. Respectfully, Erin Mendenhall,Mayor cc: fife P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj CITY COUNCIL TRANSMITTAL C1 Gt,C Date Received: 3/23/2023 Rac el Otto, Chief of Staff Date Sent to Council: 3/23/2023 TO: Salt Lake City Council DATE 3/23/2023 Darin Mano, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Re-Appointment Recommendation: Sister Cities Board STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Sister Cities Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and re-appoint Nicole Pessetto a member of the Sister Cities Board. P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 ERIN MENDENHALL OFFICE OF THE MAYOR Mayorv� L9 srn= =Arj March 23, 2023 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, UT 84114 Dear Council Member Mano, Listed below is my recommendation for the membership re-appointment for Sister Cities Board. Nicole Pessetto to be re-appointed for a three year term, starting from date of City Council advice and consent and term ending on Monday,July 6, 2026. I respectfully ask for your consideration and support for this appointment. Respectfully, Erin Mendenhall,Mayor cc: file P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM SALT LAKE CITY, UT 841 14-5474 TEL 801-535-7704 D. Opened Contact Name Subject Description3/22/2023 8:38 William Davis Affordable Housing incentive/ADU Dear Council I am writing this note in support of eliminating the requirement for Owner Occupancy for ADU's. Ordinances-in favor Being a landlord,I feel that what is most important about how a property is run is the management,not whether the owner lives on site.Yes there are bad landlords out there and some of them actually live on site! And I'd like to point out that most higher density and larger complexes don't have a requirement that the owners live on site.And yes some of them are run poorly but that is both an owner and a management issue. As I was pondering this I realized that the numerous duplex's located in the City and in reality-what is the difference between a duplex and an ADU?I am the chair of Liberty Wells CC and it is hard to throw a rock about anywhere in the Liberty Wells without hitting a duplex.The City does not require duplex's to be owner occupied and western civilization has not ended.This was discussed at our public meeting last week.It was pointed out that duplexes are classified differently than an ADU but I describe that'as a distinction without a difference'.As far as I know,the City doesn't have a massive or even small problems with duplexes causing any significant issues in our neighborhoods.Imagine if you weren't debating ADU's but rather we were debating allowing duplexes.I suspect that all of the same arguments would be being made-"allowing this will destroy the fabric of the City"or"this will destroy single family neighborhoods"blah blah blah etc etc etc.Some historical info is that from what I understand duplexes actually were permitted in single family neighborhoods for a long time by right.That was changed at some point but from what I understand,it is being reconsidered again.Might be in the Affordable Housing Incentive proposal.When it becomes a higher profile issue and it becomes public,I predict all of the same arguments will be made about them that are being made about ADU's.'They will destroy single family neighborhoods'or'renters are horrible people'.or'they need to be owner occupied'.No they won't and don't-we have a lot of historical and local data that they are not problems.I realize that this has become a highly vocal and charged issue.I think as a council person you need to have the courage to do what is best for the City and community and damn the torpedo's-and vote to eliminate the owner occupancy requirement.Lastly and not to sound like a right wing zealot,I feel that requiring owner occupancy violates my personal property rights.I have considered building one myself.And I have considered living in other places from time to time although I consider SLC,my home base and will always come back.If I have an ADU attached to my property and I decide to live in Europe or Hawaii for periods of time.This means I have to sell my house and there are some serious consequences for doing that.One of which is I may have a significant capitol gains tax liability for that and I am being forced to incur this.I feel I should be able to make my own decisions about this.The other choice I may make is not build an ADU to start with.Thanks for your time and consideration.Bill Davis 3/22/2023 8:39 Rick Gregory ADU comments Council--Regarding the Legislative Draft posted on your website,per Line#:377 YES,owner occupancy must be required.See attachment.430 Good to see some consideration of solar panels.445/446 NO,needs to be eliminated.Presence of public transit or a bike path will not eliminate the need for vehicle parking.The legal (grandfathered)duplex next door several years ago had a couple renting the space in the basement.Both had cars that were parked in front of the house at a 45'angle due to being on a circle.Over the course of the winter,and as the City snow plow continued to shove snow out of the center of the Circle,their parking spaces moved farther and farther toward the center of the Circle.Their parking eventually interfered with my being able to back out of my driveway in a straight line.As if navigating the snow and ice was not already bad enough....484 NO,my 1939 house had an original footprint of less than 1200 square feet.Allowing an ADU of 1000 square feet is basically another house,not an accessory.Consider something smaller,like a 600-700 square feet footprint.529 NO,the major idea of the ADU is to increase density.Not counting the ADU will result in flawed data going forward.Thank you for your consideration.--Rick Gregory D. Opened Contact Name Subject Description3/22/2023 11:17 Chavez Flip Thanks for Supporting ADUs Dear Mr.Darrin Mano,I am writing to express my gratitude for your support in advancing Salt Lake City's accessory dwelling unit regulations.I appreciate your efforts to address the current shortage of affordable housing in our city and provide more options for residents.SLC only has so much room to expand so it makes sense to increase housing density.I would like to specifically voice my support for removing the owner occupancy restriction for RI zones.My wife and I own a property in Liberty Wells and would love the opportunity to build an ADU as a rental unit on the property without the requirement of living on property.The home is on a bike lane,300'to the bus stop and 0.3 miles to Trax and would be an amazing addition to the rental pool in the area.Our neighbors are a duplex,a fourplex and there's several 8+unit complexes within 500'so it seems silly that we would be restricted from building an ADU without living on property with the compromises proposed to include R1-5000.I support the restrictions on short term rentals of ADUs and would love to see more standalone house units available for long term renters.I'm sure there will need to be more revisions to ADU rules and regulations in the future and I hope the council would not push the review too far into the future as was proposed by Council member Petro.Thank you,Flip 3/22/2023 14:10 Matt Pacenza Support ADUs/D5 Hello,Councilmember.I believe we've met,but I can't quite recall when.We were both at the same Westminster holiday party a few months back.I mean to say Hi but didn't get a chance.I live near Liberty Park, work at Judge Memorial,and used to run HEAL Utah.And I care a bunch about affordable housing--more than any other issue,I think!!I love this city,but am so bummed that people like my family can't really afford to live here anymore.I am writing to express my support for the proposed ADU policy changes.I'm hopeful that they would increase the supply of accessible housing in neighborhoods throughout Salt Lake City.Passing this ordinance will remove one of the main hurdles to building more ADUs:overregulation.I believe that all the ADU policy needs to be passed so that all types of households can benefit from living in our city.I hope you'll vote in support of these important policies.I appreciate your attention and your service to our city.Thank you, D. Opened Contact Name Subject Description3/22/2023 14:12 Anthony Wright 1/2 Final Comments Greetings Council Members,These are my opinions alone and not a representation of the Community Council in which I Chair.As the 4 Council members who have stated their opposition to lifting the owner occupancy requirements,I am writing this specifically for you to consider an item that I have not heard discussed or debated at prior general meeting,working sessions,or email communications.At the last working session, Council member Wharton stated that allowing ADU construction by non-owner occupants would fuel investment by corporate investors and the little guys would not stand a chance.While I know this concern comes from a sincere place,you are ignoring the elephant in the room.They are already here,and they are not going anywhere,and we will continue to see their investment in this community.Investors are buying up SLC because we have a strong diversified economy,an educated workforce,and their golden ticket a limited supply of existing housing,stringent zoning,and geographical constrictions limiting sprawl.The basics of this equation is like most thing in society,a product of supply and demand economics.I understand the concerns of residents not wanting slumlords or corporate investors moving into the neighborhood;however,there is nothing to stop that from happening right now.Every single-family home in the city can be purchased and rented out and we will continue to see this trend because there is a limited supply of single-family homes.This makes SFR investments extremely enticing due to the very nature of its scarcity.The city can build more apartment buildings all over the place,but the public greatly desires living in a neighborhood,not a building with paper thin walls where you can smell your neighbors cooking every night.As long as neighborhoods are"protected" and preserved,the values of the homes within that neighborhood will continue to skyrocket as we have more and more people chasing the same amount of product.This gets to my main point,restricting infill,even as minor as ADU infills,only benefits the homeowners and investors already holding the bag.SLC is comprised of roughly 50%renters 50%homeowners.The percentage of the renter population is expected to continue into the majority as our population grows.Salt Lake City housing studies have shown that the preferred and desired housing option for the majority of its participants were single family homes within neighborhoods.By doing everything you can to keep renters and development out of neighborhoods,you are simply enriching those who already own the limited supply of housing,while at the same time pushing housing options within these desired areas out of reach.I ask that you take a step back from simply viewing this from the eyes of a homeowner in a city and look at the other 50+%of residents who are renters.Your message relays the sentiment that renters are not wanted in a neighborhood,and they will let the property go to crap.It is insulting to insinuate that renters are always bad neighbors and landlords don't care about this city. D. Opened Contact Name Subject Description3/22/2023 14:12 Anthony Wright 2/2 CONTINUED!Final Comments I know plenty of home owners who do not take care of their property or have pride in ownership.Here is my thought to counter the statements made during the working session that"corporate investors will buy even more houses to build an ADU".I don't think corporate investors really care if an ADU could be built or not.They just care about the return on investment.It costs over 200K to build an ADU and it is not as easily financed a single-family home purchase.Adding an ADU in the back would generate a separate revenue stream for an investor;however,at the same time it would reduce the rent of the primary home due to less privacy and loss of backyard space.It may pencil out as a positive;however,most out of state real estate investment trusts are not going to want to go through the process of permitting,contracting,and actually building such a small-scale product.It would be much easier to just use the capital outlay required to build an ADU and just buy another single-family home.The investors you see build these will be local smaller shops like myself who have the resources,contractor relationships,and understanding of the city code and processes.Not a billion dollar REIT based out of Chicago.Speaking as a 5th generation SLC resident,and investor myself,who owns single family homes in every district in SLC,if the ADU owner occupancy requirement was lifted I could build a dozen ADUs next year.If it is not lifted,I am not going to just slow my investment and abandon growth objectives,I simply will deploy the capital that would have been used to build the ADUs on parcels I already own and will instead leverage the capital into 30-year fixed rate mortgage products and buy additional single-family homes which are in limited supply.This is actually a much simpler less time-consuming process.Ultimately it changes very little on my side,I just view ADUs as a great missing middle housing option for people,which due to inaction by the council to be bold and increase this type of housing stock is currently not an option.I ask you to not only serve homeowners in keeping renters out of the neighborhoods and further inflating property values,but to also serve renters who you are condemning to only apartment buildings.Let our neighborhoods be diverse and less homogeneous.On a side note,why is it appropriate for sic to be building a tiny home village on the west side of slc,while at the same time no one else is allowed to build smaller homes and are restricted to the minimum lot size requirements which are so restrictive that much of the historic areas of our city could not even abide by today.Seems like a case of rules for thee but not for me. 3/22/2023 14:22 Jan Hemming Last Night's Comments Thanks Dan.Here is my full statement.**Attachment 1 D. Opened Contact Name Subject Description3/22/2023 14:39 Bob Moore Accessory Dwelling Unit(ADU)proposa; I strongly object to the proposed Accessory Dwelling Unit(ADU)for 3 reasons:Reason 1:Over the last 100 years Salt Lake City has cultivated its bedroom communities into some of the most sought after places to live in the entire state of Utah.This ADU will destroy that by allowing development of buildings that are completely incompatible with these neighborhoods.The use of duplexes,triplexes,townhouses etc.being able to coexist among single family residences is not the issue.We already have them among us and they fit in just great.They work because unlike the proposed ADU,these existing units comply with the same set back and building standards as the homes around them.To make this work,you are proposing to give greater setback allowances and other rights to developers that the existing property owners don't have.This is completely unnecessary as people are building single family homes on the lots right now with equal or greater square footage than any 4- plex or group of townhomes.Reason 2:The idea of creating low income housing is an effort to fill a genuine need.To say this proposed ADU will fill that need,at least in part,is ridiculous.There is no viable mechanism in place nor does the City have anywhere near the budget to staff the personnel needed to regulate even a small part of this.What happens when these new"affordable housing units"are not used for low income housing or turned into AirBNB's as daily and weekly rentals?It's a recipe for disaster and the citizens of our neighborhoods are the ones who pay the price for this poorly designed"hope it works"campaign.Reason 3:The City is abandoning decades of careful effort to create awesome neighborhoods all around our city and then giving the value of that work over to developers to capitalize on.They will easily make a quick buck in the name of"we're helping with affordable housing".Developers will be lining up to turn big profits by tearing down houses in our established neighborhoods because with this new ADU,they can build right to the lot line,don't have to provide adequate parking(their tenants just get to park on the street),get fast track approvals from the city and can use whatever cheap materials they want to build them so they make more money.It's a dream come true for them!It seems like the only people the city is actually trying to help are the developers!The ADU proposal has very little chance of having any serious impact on the low income housing issue in the short or long term but carries a huge probability of destroying the wonderful bedroom communities the citizens of Salt Lake City have spent generations building!Please don't sell your city citizens short!I urge you to vote against this proposal and save our city! D. Opened Contact Name Subject Description3/22/2023 14:56 Joni Clark Last nights city council meeting public Good Morning Council Members,I was online for the public meeting last night and registered to speak on comments for CDBG behalf of The Children's Center Utah for CDBG and was not called on so I am emailing my comments here,I hope that is ok.I would have joined in person and my family has been sick and did not want to spread anything to a large crowd.I am the Director of Development for The Children's Center Utah and want to thank the Council and Mayor Mendenhall for the recommendation for funding for our Therapeutic Preschool Program. The Therapeutic Preschool Program is the only one of its kind in Utah and is located in Salt Lake City.When a child is already participating in our outpatient family therapy and needs more intensive intervention because they are struggling to succeed in childcare or preschool,our unique Therapeutic Preschool Program provides intensive daily treatment for the child.Children learn to listen to adults,manage their emotions,play with peers,and gain the skills they need to succeed in school.86%of the children in this program are LMI and the pandemic has had a devastating effect on children's mental health.We are seeing more aggression,anxiety, depression,and trauma.Even before the pandemic national data show Utah is among a group of states with the highest prevalence of child and adolescent mental health disorders and the highest prevalence of youth with untreated mental health needs.Research shows a measurable link between unmet mental health needs in a child's earliest years and lifetime outcomes,including lower rates of high school graduation,and college attendance.And employment,higher rates of poverty,homelessness,and involvement in the criminal justice system.In addition,there is a staggering Workforce Shortage in Utah.For every 1,000 children needing mental health care services,there is only 1 provider.The Children's Center Utah is working on expanding our Workforce Development program to address this shortage of early childhood mental health professionals and our CDBG request is to fund our Therapeutic Preschool Specialist salaries so we can be competitive in the market and keep talented individuals at our center.Thank you for the recommended$30,000,it is so important to the needs of our children!If there is any wiggle room in the budget to fund our full request it would be greatly appreciated and we understand if that is not an option.With Gratitude,Joni Clark Director, Development 3/23/2023 15:48 Jason Stevenson ADU Revision/D5 Council Member Mano:Hi-I figure the ADU vote will come up at tonight's meeting.I think D5 residents will accept a removal of the owner occupancy requirement if there is a:A)Two year automatic sunset on the provision(which can be removed);B)Tracking or registration requirement(to make sure the numbers are being recorded);C)Requirement for SLC Planning to report back to the Council after each year with new numbers;The logic for me is that ADUs are expensive,and with today's interest rates,not many homeowners will have access to the funds to build on.This means institutional investors are the likely only way to create scale with ADUs in the near future.And those investors need the owner occupancy requirement removed. While a time-limited provision for the owner occupancy requirement might juice the market and increase the supply of ADUs being built in the short term,it will also let us see if this is a model that works for SLC residents, neighborhoods,and the city's housing goals.That's my perspective.Thank you for your leadership and patience in managing this complex discussion amongst your colleagues and the public.best regards,Jason Stevenson---- Jason Stevenson D. Opened Contact Name Subject Description3/23/2023 15:53 Cinthya Yanez Jo-An/D3 Hi,my name is Cinthya,I am a resident of Marmalade and have been one for about a year now.I had my eyes in this area for quite a while.Eclectic,LGQTQ friendly,lots of puppies for my daughter to pet!To me it seemed like a dream,and yet,very quickly,it became a nightmare.The good thing is that I have a dog!A border collie Aussie.She keeps me safe.Jo-An sits in the corner of 200 W and 300 N.If only her walls could talk,I am sure she would chit chat the night off!This building has a history,it's a nice tall red brick building,it was her neon sign that attracted me to her.I thought I would see it once before I left,but I haven't,not sure if I ever will. People in Marmalade have forgotten that the neighborhood was once crowded with orchards full of trees, quince,apricots,etc.There are still fruit trees,and those trees there are the most beautiful thing because they house local flora and fauna;as well as a few trouble causing squirrels,and the local family of raccoons!This is where people made Jam!I first visited the library and I fell in love,"We make Jam,not War"that's our motto.. and I love it.Anyways.This building isn't the problem.it's the way its managed.I have talked to every single tenant that has left and they all told me the same thing.Leave.There's water damage,it is definitely not up to code,not even fire.Has the building been checked for asbestos?Do they care?The property management does not,they don't even care enough to take care of the dog pop station right outside my window.I have been the one taking care of it.Because no one else has.The things I have heard at night.The things I found while walking my dog,the things I have pulled from her poor paws.I am glad my daughter wasn't around because this area is the perfect example of what happens when you let landlords take over and you forget about the people that actually pay to live there.Us Renters.I live in a very small and humble studio with my dog.I propose you purchase this building that is already on sale,let us tenants take care of it the way it should, and use those funds to help the community around us instead of lining the pockets of those with already deep enough pockets.I had a dream that I was the one caring for Jo-Ann,the way she should be cared for,with love, not with lust.I want my daughter to see that building,and for her to be proud to call it"mommy's home" again.I want her to feel safe here.I want to see that neon sign again,and for her to feel safe,West side and all...that's all I want.All I ever wanted for that little girl is a home.I want her to know that this is where we make jam,not war,where we accept our neighbors,no matter how different we may be.este barrio no se verde,help me keep this hood on hands that care for it,hands that will tend for it,not take advantage of it and of us tenants.Thank you. 3/30/2023 11:30 Jeannine Marlowe Rezoning Mr.Dugan,I would like to express my opinion aboutthe controversial rezoning for additional dwellings on property lots.As I understand the conditions,I am opposed to the new laws,but not for the same reasons that others are opposed.I believe that we must all share in the housing issues,across the entire valley.However,I am concerned about how these new laws would be regulated.There is no way to assure and regulate items like:owner occupancy,no Air B&B's etc.How can the city investigate and enforce these laws.The problems will fall upon the neighborhood people to watch and then report,as necessary,if there are violations.This is not a good way to build community.It sets people against others.And,who will be responsible for investigating and enforcing--city employees?1,for one,do not want my tax dollars being used to enforce this. There are far too many other problems that need to be solved in this city to put dollars this way.Please consider my concerns.Jeannine Marlowe D. Opened Contact Name Subject Description3/30/2023 12:21 Leverett Woodruff Preserve the murals and create a Good evening,I'm writing to ask that any future rezoning or redevelopment of Fleet Block preserve the murals community resource space at Fleet Block that memorialize lives lost to police brutality.The murals are a sacred space of healing for those whose loved ones are remembered there.The city should respect this profoundly important use of the space by so many in our community.I would also like to suggest that one potential use for part of Fleet Block is a community center that has green space and a community produce garden outside and recreation space,like a basketball or pickle ball court,inside,as well as restrooms with showers and laundry facilities that could be used by anyone in the area who needed it,including our unsheltered neighbors.The center could also include a library,clothes closet, and space for local businesses to have pop up shops.Another helpful feature would be private rooms and regularly scheduled time that community members could meet with social workers,mental health counselors, harm reduction teams,and legal aid attorneys.Please consider dedicating part of Fleet Block to meet the needs of Salt Lakers for a place to connect with their community and get basic needs met.Thank you,Levy Woodruff 3/30/2023 16:46 Brynn Meulenberg Og-Woi Garden/D5 Hi Darin,I'm writing to urgently ask for your support for the Og-woi People's Orchard and Garden(Og-woi)[[1]].The Og- woi is a community based project modeling how food can be free and accessible along the Jordan River Parkway trail, created lovingly by,and for,the people.The Og-woi started in a neglected lot on the Jordan River Parkway with a fruit tree planting on Earth Day 2020.Volunteers thereafter returned each Sunday planting the Og-woi.Salt Lake City officials soon approached Og-woi volunteers,proposing to negotiate a formal agreement recognizing the garden.An extensive process has ensued.Og-Woi volunteers established an expert advisory board and adopted'Garden Volunteer Safety Measures',to address contamination issues that occur in the soil throughout the valley[[2]].In the subsequent years Og-woi volunteers invested thousands of labor hours and tens of thousands of dollars,planting and tending to the garden and orchard.Salt Lake City conducted a public engagement process in 2021 and made an initial decision to uphold the Og-Woi project, finding overwhelming support for the Og-woi[[3],[4]].Unfortunately,on March 21st,of this year,Salt Lake City Public Lands Department made a sudden and stunning reversal.The department is now demanding that the Og-Woi public art, garden boxes,and all other materials be removed before May 1,2023.This order would destroy important community generated art located at the Og-woi,and threatens the Og-Woi's carefully planned landscaping and dozens of fruit trees which will positively benefit a diverse community for generations to come.The Department is even demanding removal of the memorial mural of beloved community organizer Margarita Satini.I am in shock that the city decided to kill this project.This abrupt and unjustified about-face will harm the westside community generally and the Og-Woi volunteers, who worked with the city in good faith for years,developing the Og-woi in line with a draft agreement,best practices,and ongoing discussions with the Department.I request that you please show support for the Og-woi by requesting Salt Lake City Mayor,Erin Mendenhall,and Public Lands Department Director,Kristin Riker,complete the formal agreement process that was initiated in good faith three years ago,so this inspiring community stewardship of the Og-woi People's Orchard and Garden can continue to build community within our community.Sincerely,Brynn Meulenberg[1]Og-woi Garden webpage https:Hdirt2table.org/dirt2table/the-og-woi-peoples-orchard-and-garden/[2]Link to the Og-woi soil remediation plan&Garden Volunteer Safety Measures: https:Hdrive.google.com/file/d/lnV3JgmkjtmsNKXzEBdxXEBvuLERE-X-P/view?usp=share_link[3]U o U,College of Social& Behavioral Science,Environmental Justice Lab,'URBAN AGRICULTURE ON THE JORDAN RIVERA:An Analysis of The Og-Woi People's Garden and Orchard in the Context of Salt Lake City and County Planning'. https://drive.google.com/file/d/1AXhTS8erSBQh_pTRK4MgLv4bSZC7Hw8h/view?usp=share_link[4]U o U,College of Social&Behavioral Science,Environmental Justice Lab,'INCREASING FOOD SOVEREIGNTY:INSIGHTS FROM SALT LAKE CITY FARMERS&FOOD ADVOCATES'.https:Hdrive.google.com/file/d/1ueNeA8eGV1S964Chfo5n- MKBcWn30E7V/view?usp=share_lin k D. Opened Contact Name Subject Description4/3/2023 9:18 Kimberly Vanderburg- Urgent:community garden being treated Hi,Darin,I'm writing to urgently ask for your support for the Og-woi People's Orchard and Garden(Og-woi)[1].The Og- Murphy woi is a community-based project modeling how food can be free and accessible along the Jordan River Parkway trail, created lovingly by,and for,the people.The Og-woi started in a neglected lot on the Jordan River Parkway with a fruit tree planting on Earth Day 2020.Volunteers thereafter returned each Sunday to plant the Og-woi.Salt Lake City officials soon approached Og-woi volunteers,proposing to negotiate a formal agreement recognizing the garden.An extensive process has ensued.Og-Woi volunteers established an expert advisory board and adopted'Garden Volunteer Safety Measures',to address contamination issues that occur in the soil throughout the valley[2].In the subsequent years,Og-woi volunteers invested thousands of labor hours and tens of thousands of dollars,in planting and tending to the garden and orchard. Salt Lake City conducted a public engagement process in 2021 and made an initial decision to uphold the Og-Woi project, finding overwhelming support for the Og-woi[3,4].Unfortunately,on March 21st,of this year,Salt Lake City Public Lands Department made a sudden and stunning reversal.The department is now demanding that the Og-Woi public art,garden boxes,and all other materials be removed before May 1,2023.This order would destroy important community-generated art located at the Og-woi and threatens the Og-Woi's carefully planned landscaping and dozens of fruit trees which will positively benefit a diverse community for generations to come.The Department is even demanding the removal of the memorial mural of beloved community organizer Margarita Satini.As well as a memorial pollinator's garden for a Dirt2Table volunteer,my daughter,Hali Vanderburg who died of metastatic melanoma in 2021.1 have personally donated hundreds of hours and thousands of dollars to beautify her memorial garden.I am in shock that the city decided to kill this project.This abrupt and unjustified about-face will harm the westside community generally and the Og-Woi volunteers, who worked with the city in good faith for years,developing the Og-woi in line with a draft agreement,best practices,and ongoing discussions with the Department.I request that you please show support for the Og-woi by requesting Salt Lake City Mayor,Erin Mendenhall,and Public Lands Department Director,Kristin Riker,complete the formal agreement process that was initiated in good faith three years ago,so this inspiring community stewardship of the Og-woi People's Orchard and Garden can continue to build community within our community.Sincerely,Kimberly Ann Vanderburg-Murphy 10g- woi Garden webpage https:Hdirt2table.org/dirt2table/the-og-woi-peoples-orchard-and-garden/2 Link to the Og-woi soil remediation plan&Garden Volunteer Safety Measures: https://drive.google.com/file/d/1nV3JgmkjtmsNKXzEBdxXEBvuLERE-X-P/view?usp=share_link 3 U o U,College of Social& Behavioral Science,Environmental Justice Lab/URBAN AGRICULTURE ON THE JORDAN RIVERA:An Analysis of The Og-Woi People's Garden and Orchard in the Context of Salt Lake City and County Planning. https:Hdrive.google.com/file/d/IAXhTS8erSBQh_pTRK4MgLv4b5ZC7Hw8h/view?usp=share_link 4 U o U,College of Social &Behavioral Science,Environmental Justice Lab,'INCREASING FOOD SOVEREIGNTY:INSIGHTS FROM SALT LAKE CITY FARMERS&FOOD ADVOCATES'.https:Hdrive.google.com/file/d/1ueNeA8eGV15964Chfo5n- MKBcWn30E7V/view?usp=share_link D. Opened Contact Name Subject Description4/3/2023 12:56 Madelyn Whitaker Og-woi People's Orchard Hi Chris,I'm writing to urgently ask for your support for the Og-woi People's Orchard and Garden(Og-woi). The Og-woi is a community based project modeling how food can be free and accessible along the Jordan River Parkway trail,created lovingly by,and for,the people(please see here for more information).The Og-woi started in a neglected lot on the Jordan River Parkway with a fruit tree planting on Earth Day 2020.Volunteers thereafter returned each Sunday to plant the Og-woi.Salt Lake City officials soon approached Og-woi volunteers,proposing to negotiate a formal agreement recognizing the garden.An extensive process has ensued.Og-Woi volunteers established an expert advisory board and adopted'Garden Volunteer Safety Measures',to address contamination issues that occur in the soil throughout the valley(click here for more information).In the subsequent years Og-woi volunteers invested thousands of labor hours and tens of thousands of dollars,planting and tending to the garden and orchard.Salt Lake City conducted a public engagement process in 2021 and made an initial decision to uphold the Og-Woi project,finding overwhelming support for the Og-woi(please see additional information here and here).Unfortunately,on March 21st,of this year,Salt Lake City Public Lands Department made a sudden and stunning reversal.The department is now demanding that the Og-Woi public art,garden boxes,and all other materials be removed before May 1,2023. This order would destroy important community generated art located at the Og-woi,and threatens the Og- Woi's carefully planned landscaping and dozens of fruit trees which will positively benefit a diverse community for generations to come.The Department is even demanding removal of the memorial mural of beloved community organizer Margarita Satini.I am shocked and frustrated that the city decided to kill this project.This abrupt and unjustified about-face will harm the westside community generally and the Og-Woi volunteers, who worked with the city in good faith for years,developing the Og-woi in line with a draft agreement,best practices,and ongoing discussions with the Department.I request that you please show support for the Og-woi by requesting Salt Lake City Mayor,Erin Mendenhall,and Public Lands Department Director,Kristin Riker, complete the formal agreement process that was initiated in good faith three years ago,so this inspiring community stewardship of the Og-woi People's Orchard and Garden can continue to build community within our community.Thank you so much for your time.Sincerely,Madelyn Whitaker D. Opened Contact Name Subject Description4/3/2023 12:58 Kimiko Mitchell [Call to Action]SLC Public Lands threatens Hi Chris Wharton—I'm writing to urgently ask for your support for the Og-woi People's Orchard and Garden(Og-woi)[[1]]. community garden??? The Og-woi is a community based project modeling how food can be free and accessible along the Jordan River Parkway trail,created lovingly by,and for,the people.The Og-woi started in a neglected lot on the Jordan River Parkway with a fruit tree planting on Earth Day 2020.Volunteers thereafter returned each Sunday planting the Og-woi.Salt Lake City officials soon approached Og-woi volunteers,proposing to negotiate a formal agreement recognizing the garden.An extensive process has ensued.Og-Woi volunteers established an expert advisory board and adopted'Garden Volunteer Safety Measures',to address contamination issues that occur in the soil throughout the valley[[2]].In the subsequent years Og-woi volunteers invested thousands of labor hours and tens of thousands of dollars,planting and tending to the garden and orchard.Salt Lake City conducted a public engagement process in 2021 and made an initial decision to uphold the Og-Woi project,finding overwhelming support for the Og-woi[[3],[4]].Unfortunately,on March 21st,of this year,Salt Lake City Public Lands Department made a sudden and stunning reversal.The department is now demanding that the Og- Woi public art,garden boxes,and all other materials be removed before May 1,2023.This order would destroy important community generated art located at the Og-woi,and threatens the Og-Woi's carefully planned landscaping and dozens of fruit trees which will positively benefit a diverse community for generations to come.The Department is even demanding removal of the memorial mural of beloved community organizer Margarita Satini.I am in shock that the city decided to kill this project.This abrupt and unjustified about-face will harm the westside community generally and the Og-Woi volunteers,who worked with the city in good faith for years,developing the Og-woi in line with a draft agreement,best practices,and ongoing discussions with the Department.I request that you please show support for the Og-woi by requesting Salt Lake City Mayor,Erin Mendenhall,and Public Lands Department Director,Kristin Riker,complete the formal agreement process that was initiated in good faith three years ago,so this inspiring community stewardship of the Og-woi People's Orchard and Garden can continue to build community within our community.Sincerely,Kimiko Mitchell [1]Og-woi Garden webpage https://dirt2table.org/dirt2table/the-og-woi-peoples-orchard-and-garden/[2]Link to the Og- woi soil remediation plan&Garden Volunteer Safety Measures: https://drive.google.com/file/d/1nV3JgmkjtmsNKXzEBdxXEBvuLERE-X-P/view?usp=share_link[3]U o U,College of Social& Behavioral Science,Environmental Justice Lab;URBAN AGRICULTURE ON THE JORDAN RIVERA:An Analysis of The Og-Woi People's Garden and Orchard in the Context of Salt Lake City and County Planning'. https:Hdrive.google.com/file/d/IAXhTS8erSBQh_pTRK4MgLv4bSZC7Hw8h/view?usp=share_link[4]U o U,College of Social&Behavioral Science,Environmental Justice Lab,'INCREASING FOOD SOVEREIGNTY:INSIGHTS FROM SALT LAKE CITY FARMERS&FOOD ADVOCATES'.https:Hdrive.google.com/file/d/1ueNeA8eGV1S964Chfo5n- MKBcWn30E7V/view?usp=share link 4/3/2023 13:03 Andrea Globokar Save Og Woi Garden Green space is disappearing in Salt Lake City as are opportunities for communities to gather.This garden is an important place for not only the Rose Park community but for Salt Lake City.A place tgat provides free food in these days of high inflation should be honored not destroyed.Save Og Woi 1 Andrea Globokar D. Opened Contact Name Subject Description4/4/2023 11:17 Joan Gregory Support for the Og-woi People's Orchard Dear Councilman Chris Wharton,I'm writing to urgently ask for your support for the Og-woi People's Orchard and Garden and Garden (Og-woi)[1].The Og-woi is a community-based project modeling how food can be free and accessible along the Jordan River Parkway trail,created lovingly by,and for,the people.The Og-woi started in a neglected lot on the Jordan River Parkway with a fruit tree planting on Earth Day 2020.Volunteers thereafter returned each Sunday planting the Og-woi. Salt Lake City officials soon approached Og-woi volunteers,proposing to negotiate a formal agreement recognizing the garden.An extensive process has ensued.Og-Woi volunteers established an expert advisory board and adopted'Garden Volunteer Safety Measures',to address contamination issues that occur in the soil throughout the valley[2].In the subsequent years Og-woi volunteers invested thousands of labor hours and tens of thousands of dollars,planting and tending to the garden and orchard.Salt Lake City conducted a public engagement process in 2021 and made an initial decision to uphold the Og-Woi project,finding overwhelming support for the Og-woi[3],[4].Unfortunately,on March 21st,of this year,Salt Lake City Public Lands Department made a sudden and stunning reversal.The department is now demanding that the Og-Woi public art,garden boxes,and all other materials be removed before May 1,2023.This order would destroy important community generated art located at the Og-woi and threatens the Og-Woi's carefully planned landscaping and dozens of fruit trees which will positively benefit a diverse community for generations to come.The Department is even demanding removal of the memorial mural of beloved community organizer Margarita Satini.I am shocked that the city is taking this action.This abrupt and unjustified about-face will harm the westside community generally and the Og-Woi volunteers,who worked with the city in good faith for years,developing the Og-woi in line with a draft agreement,best practices,and ongoing discussions with the Department.I have learned just this week that Wasatch Community Gardens(WCG)has written a letter on behalf of Og-woi,proposing that instead of starting over,WCG is offering to work with Og-woi to get the existing garden through the approval process.Please give Og-woi and Wasatch Community Gardens the opportunity to move forward together in this effort.I request that you please show support for the Og-woi by requesting that Salt Lake City Mayor,Erin Mendenhall,and Public Lands Department Director,Kristin Riker, complete the formal agreement process that was initiated in good faith three years ago,so this inspiring community stewardship of the Og-woi People's Orchard and Garden can continue to build community within our Salt Lake City community,especially now that Wasatch Community Gardens has agreed to this partnership.Sincerely,Joan M.Gregory [1]Og-woi Garden webpage https://og-woi.org/[2]Link to the Og-woi soil remediation plan&Garden Volunteer Safety Measures:https:Hdrive.google.com/file/d/lnV3JgmkjtmsNKXzEBdxXEBvuLERE-X-P/view?usp=share_link <https:Hdrive.google.com/file/d/lnV3JgmkjtmsNKXzEBdxXEBvuLERE-X-P/view?usp=share_link>[3]U o U,College of Social &Behavioral Science,Environmental Justice Lab,'URBAN AGRICULTURE ON THE JORDAN RIVERA:An Analysis of The Og- Woi People's Garden and Orchard in the Context of Salt Lake City and County Planning'. https:Hd rive.google.com/file/d/1AXhTS8erSBQh_pTRK4Mq Lv4bSZC7Hw8h/view?usp=share_l i n k <https:Hdrive.google.com/file/d/lAXhTS8erSBQh_pTRK4MgLv4bSZC7Hw8h/view?usp=share_link>[4]U o U,College of Social&Behavioral Science,Environmental Justice Lab,'INCREASING FOOD SOVEREIGNTY:INSIGHTS FROM SALT LAKE CITY Janet Hemming City Council Meeting SLC ADU codes March 21, 2023 Distinguished council members. I want to echo the wise words of Councilman Chris Wharton at last week's work session. He said if owner occupancy is removed from single family zoning in the ADU codes, homeowners would be "outnumbered and outgunned by corporations and developers." He is right. I believe he was also saying there is a very human side to the decisions this council makes. While trying to fix the city's need for more housing, what real and unintended consequences might be triggered? Will the very things that attract record numbers of people to Salt Lake, be lost if the city pursues what outside states, like California and Oregon, and towns like Portland, Seattle and Minneapolis, are experimenting with? Chris also asked a perceptive question of a city attorney two weeks ago which yielded the startling knowledge that removing owner occupancy in single family zones would effectively end single family zoning in Salt Lake. A hundred years of history conceivably swept away. In a written email to this council, I shared the story of my friends, Jen and Jeff, who lived for years in a rental home owned by a local man. He only raised their rent $45 in five years. The owner had to reclaim his home, so Jen and Jeff, who both work and still have a son at home, finally found another place operated by a corporate home rental company based in Maryland. Their sprinklers were broken for 4 months during the summer. They had a leak in their ceiling that wasn't fixed for 3 months and caused extensive water damage. To add insult to injury, the corporation announced just weeks ago a drastic rent increase that exceeded their budget. During March, Jen and Jeff have been frantically searching for another home along the Wasatch Front and fortunately found one that is an owner operated rental. While Jen and Jeff's story isn't about ADUs, it is about what life is like in the mix-master of the corporate home rental market; a market whose purpose and duty is to generate profits, as Chris pointed out last week. I believe we would see similar outcomes with ADUs. Keeping the owner occupancy provision in single family zones is the right thing to do. I urge you to do so. Thank you. Janet Hemming Salt Lake City homeowner