HomeMy WebLinkAbout05/30/2024 - Work Session - Meeting MaterialsSALT LAKE CITY COUNCIL
AGENDA
WORK SESSION
May 30, 2024 Thursday 1:00 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
No Formal Meeting
Please note: A general public comment period will not be held this day. This is the Council's monthly scheduled
briefing meeting.
Welcome and public meeting rules
In accordance with State Statute and City Ordinance, the meeting may be held electronically. After 5:00 p.m., please enter the
City & County Building through the main east entrance.
The Work Session is a discussion among Council Members and select presenters. The public is welcome to listen. Items
scheduled on the Work Session or Formal Meeting may be moved and / or discussed during a different portion of the Meeting
based on circumstance or availability of speakers.
The Website addresses listed on the agenda may not be available after the Council votes on the item. Not all agenda items will
have a webpage for additional information read associated agenda paperwork.
Generated: 07:26:30
Note: Dates not identified in the project timeline are either not applicable or not yet determined. Item start
times and durations are approximate and are subject to change.
Work Session Items
Click Here for the Mayor’s Recommended Budget for Fiscal Year 2024-25
1.Fiscal Year 2024-25 Budget: Non-Departmental Fund ~ 1:00 p.m.
40 min.
The Council will receive a briefing about the proposed Non-Departmental Fund budget
for Fiscal Year 2024-25, which accounts for transfers to other funds, grants, and other
special revenue funds that do not belong to particular City departments.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, May 7, 2024
Hold hearing to accept public comment - Tuesday, May 21, 2024 and Tuesday, June 4,
2024 at 7 p.m.
TENTATIVE Council Action - TBD
2.Fiscal Year 2024-25 Budget: Insurance and Risk Management ~ 1:40 p.m.
40 min.
The Council will receive a briefing about the proposed Insurance and Risk Management
fund budget, which accounts for employee insurance plans, for Fiscal Year 2024-25.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, May 7, 2024
Hold hearing to accept public comment - Tuesday, May 21, 2024 and Tuesday, June 4,
2024 at 7 p.m.
TENTATIVE Council Action - TBD
3.Ordinance: Amending Title 2 Administrative Organization for
the Sustainability Department ~ 2:20 p.m.
20 min.
The Council will receive a briefing about potentially amending City Code Chapter
2.08.120 identifying the functions and responsibilities of the Sustainability Department.
The amendment responds to a Legislative Intent from the last annual budget. There are
four primary functions proposed and some have supporting focus areas and prioritization
rankings.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, June 4, 2024
4.Ordinance: Title 18 Text Amendments ~ 2:40 p.m.
20 min.
The Council will receive a briefing about a proposal that would amend the text of Titles 2,
5, 18 and 21A of the Salt Lake City Code to update references to state adopted code,
modify building code enforcement appeal process, add and increase building
enforcement fines and penalties to match zoning enforcement and cost of operations. The
changes are necessary to bring the City's building regulations into compliance with state
law.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, May 21, 2024
Hold hearing to accept public comment - Tuesday, June 4, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, June 11, 2024
5.Ordinance: Zoning Incentives for Adaptive Reuse and
Preservation of Buildings Text Amendment ~ 3:00 p.m.
20 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 zoning incentives for adaptive reuse
and preservation of buildings. The proposal would remove zoning barriers that prevent
the reuse of buildings and offer zoning incentives to encourage a building to be reused
rather than demolished. The proposed amendments involve multiple chapters of the
Zoning Ordinance and would apply Citywide.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, June 11, 2024
Hold hearing to accept public comment - Tuesday, July 2, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, July 9, 2024
6.Tentative Break ~ 3:20 p.m.
20 min.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing -
Set Public Hearing Date -
Hold hearing to accept public comment -
TENTATIVE Council Action -
7.Fiscal Year 2024-25 Budget: Community and Neighborhoods
Department ~ 3:40 p.m.
45 min.
The Council will receive a briefing about the proposed Community and Neighborhoods
Department budget for Fiscal Year 2024-25.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, May 7, 2024
Hold hearing to accept public comment - Tuesday, May 21, 2024 and Tuesday, June 4,
2024 at 7 p.m.
TENTATIVE Council Action - TBD
8.Fiscal Year 2024-25 Budget: Department of Public Services ~ 4:25 p.m.
45 min.
The Council will receive a briefing about the proposed Department of Public Services
budget for Fiscal Year 2024-25.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, May 7, 2024
Hold hearing to accept public comment - Tuesday, May 21, 2024 and Tuesday, June 4,
2024 at 7 p.m.
TENTATIVE Council Action - TBD
9.Fiscal Year 2024-25 Budget: Police Department ~ 5:10 p.m.
45 min.
The Council will receive a briefing about the proposed Police Department budget for
Fiscal Year 2024-25.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, May 7, 2024
Hold hearing to accept public comment - Tuesday, May 21, 2024 and Tuesday, June 4,
2024 at 7 p.m.
TENTATIVE Council Action - TBD
10.Dinner Break ~ 5:55 p.m.
30 min.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing -
Set Public Hearing Date -
Hold hearing to accept public comment -
TENTATIVE Council Action -
11.Fiscal Year 2024-25 Budget: Fleet Fund ~ 6:25 p.m.
30 min.
The Council will receive a briefing about the proposed Fleet Fund budget for Fiscal Year
2024-25, which provides vehicles, fuel, and vehicle maintenance and repair services for
all City departments.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, May 7, 2024
Hold hearing to accept public comment - Tuesday, May 21, 2024 and Tuesday, June 4,
2024 at 7 p.m.
TENTATIVE Council Action - TBD
12.Fiscal Year 2024-25 Budget: Unresolved Issues ~ 6:55 p.m.
40 min.
The Council will receive a briefing about unresolved issues relating to the proposed
budget for Fiscal Year 2024-25.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, May 7, 2024
Hold hearing to accept public comment - Tuesday, May 21, 2024 and Tuesday, June 4,
2024 at 7 p.m.
TENTATIVE Council Action - TBD
13.Fiscal Year 2024-25 Budget: Human Resources
Department Written Briefing
-
The Council will receive a written briefing about the proposed Human Resources
Department budget for Fiscal Year 2024-25.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, May 7, 2024
Hold hearing to accept public comment - Tuesday, May 21, 2024 and Tuesday, June 4,
2024 at 7 p.m.
TENTATIVE Council Action - TBD
14.Ordinance: Planning and Historic Landmark
Commission Membership and Appeals Hearing Officer
Term Limit Text Amendment
Written Briefing
-
The Council will receive a written briefing about a proposal that would amend various
sections of Title 21A of the Salt Lake City Code pertaining to the membership and term
length of zoning decision-making bodies. The proposal is intended to reduce the
minimum required number of commissioners for both the Planning Commission and
Historic Landmark Commission so that if there is a sudden exit of commissioners, both
land use authorities would be able to conduct City business. The proposal would also
remove the language stating that the appeals hearing officer can serve no more than two
consecutive five-year terms. This amendment will affect Chapter 21A.06 Decision
Making Bodies and Officials.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024
Set Public Hearing Date - Tuesday, May 21, 2024
Hold hearing to accept public comment - Tuesday, June 4, 2024 at 7 p.m.
TENTATIVE Council Action - TBD
Standing Items
15.Report of the Chair and Vice Chair -
-
Report of Chair and Vice Chair.
16.Report and 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.
17.Tentative Closed Session -
-
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.
CERTIFICATE OF POSTING
On or before 4:00 p.m. on Tuesday, May 28, 2024, 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, 801-535-7600, or relay
service 711.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL BUDGET
STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
tinyurl.com/SLCFY25
TO:City Council Members
FROM: Jennifer Bruno
Deputy Director
DATE:May 30, 2024
RE: PROPOSED FISCAL YEAR 2024-25
NON-DEPARTMENTAL BUDGET
BUDGET BOOK PAGES: p. 62-66, p. 263-269
PROJECT TIMELINE:
Briefing: May 30, 2024
Budget Hearings: May 21, June 4
2024
Potential Action: June 11 or 13 TBD
MAYOR’S RECOMMENDED BUDGET PAGES:
Key Changes p. 60-64; p. 255-262
The Non-Departmental Budget is the City’s largest in the General Fund. It accounts for transfers to other funds,
grants, and other special revenue funds that do not programmatically belong to particular City departments. The
total proposed Non-Departmental budget pertaining to the General Fund is $123,069,522, a $3 million (2.5%)
increase from FY2024. When including all other funding sources that are passed through the Non-Departmental
account (Grant Funds, CDBG funds, E-911 Funds, Debt Service Funds, Housing Funds, etc.), the total pass
through funding is $211 million. Because of the volume of line items in this department, the format of
this staff report is to orient the Council starting at the general level and moving towards more
specifics at the end.
Non-Departmental Expenditures are organized into the following general categories (see p. 263-260 of the
budget book) – see background section for detail:
Category FY 25 Proposed Description
Governmental Transactions $ 7,588,590 Contracts with & funding for other governmental or
quasi-governmental entities
Intergovernmental Transfers $ 96,251,639
General Fund support of other City funds (Golf,
Sustainability). Also includes funding for PD and
Racial Equity in Policing Commission funding.
Sales Tax Option - Transit $ 10,407,807 UTA contract for key bus routes, service for
additional routes, and On-Demand ride program
Municipal Contributions and Civic Support $ 8,821,486
City funding for memberships or support for
various community organizations, note that some
are subject to contractual/legal requirements
Total General Fund $ 123,069,522
Page | 3
There are also non-general fund categories such as Special Revenue Accounting (for CDBG/E-911/Grants
Funds), Debt Service Funds for repayment of General Obligation (GO) Bonds, and the Capital Projects Fund for
consolidating CIP funding and impact fees.
The Administration has provided additional sub-line-item detail on the following Intergovernmental
Transfers on pages 259-262 of the budget book, for the sake of transparency and since they are sometimes
items of more detailed interest. Most of these areas will have their own independent budget staff reports and
independent Council discussions. The following are highlights of the proposed FY 24 budget for each of those
areas:
Transfer to FY 25 Proposed budget highlights
Capital
Improvement Fund
The proposed budget has a General Fund transfer to CIP at 6.8% of ongoing General Fund revenues
or $25.2 million. On May 7, in Budget Amendment #5 of FY2024, the Council appropriated $15
million to a CIP holding account for capital maintenance projects. Taken together, the $40.2 million
from the General Fund ($15 million plus the $25.2 million) would be equivalent to a 10.8% of
ongoing General Fund revenues transfer to CIP which is the largest percentage for many years.
Fleet Fund $13.3 million - Funding for various vehicles needed relating to new employees (especially in public
lands) as well as, as well as vehicles for streets fleet replacement. This is a reduction from FY 24
largely in the funding our future category for police vehicles. The Administration indicated it is
taking a pause for FY 25 because there is a very large backlog of vehicle orders.
Golf Fund $2.1 million - Details the General Fund’s subsidy of the Golf Enterprise Fund including living wage
efforts, debt service for previous irrigation projects, administrative fees, and transferring $500,000
for Rose Park Infrastructure renewal.
IMS Fund $27.5 million - Shows contractual and inflationary changes totaling almost $3 million, transferr
and reflecting transferring systems used by various departments to be centrally managed in IMS.
$430,811 is from Funding our Future.
Insurance and Risk
Management
$3.9 million – Reflects premium increases and removes $500,000 for the newly-proposed
Lifestyle Savings Account.
Public Utilities and
Street Lighting
funds
$879,889 - Continues $100,000 to help assist lower income residents with Public Utilities rate
increases, and funding street lighting utilities on City-owned properties. Also includes a shift in
accounting for maintenance of fire hydrants from the Fire Department to Non-Departmental
($293,219 from Funding our Future public safety category).
Redevelopment
Agency Fund
$22.3 million – Reflects the overall RDA increment pass through as required by State law, in
addition to the proposed $2.59 million from Funding our Future for affordable housing
development. Tax increment is projected to increase by $3.7 million for FY 25.
Sustainability Fund $1.3 million total – Reduction from FY 24 reflecting a removal of the expanded program funding
for the “Air quality incentives” program. This will be discussed further during the Sustainability
Department briefing on June 6th.
Police Department
and Racial Equity in
Policing Funding
$3.7 million – This is where the City tracks funding for the social worker program and
Commission on Racial Equity in Policing Holding Account (the balance is just over $1.5 million).
The REP Commission recommended several specific trainings that are proposed to be funded from
Funding Our Future, totaling just under $250,000.
Transit Plan – Sales
Tax Option
$10.4 million – This is where the City tracks the transfer to the Utah Transit Authority for key bus
route service ($7 million total) On-demand Ride Service ($3.3, a $300k increase from FY 24). It also
includes $100,000 for extending the outreach for the City’s transit program, which includes
soliciting public opinions on needed investment and barriers to using transit. That item was
originally added in FY 24.
For a listing of every item funded by the Non-Departmental budget, please refer to pages 255 to
262 of the budget book. Pages 259-262 include short descriptions of proposed changes in some
of those line items. Council Members may wish to ask the Administration about any of the
proposed changes on those pages and listed in this staff report such as what differences the
public may see, why a new line item is proposed and how city priorities are advanced by
continuing existing line items.
Page | 4
Other Non-Departmental highlights relating to Council priorities – The Council sent
the following priorities to the Administration for the City’s budget committee to consider: Addressing the
backlog of maintenance projects, Assessing the City’s response teams and homeless services, Managing the City’s
rainy day fund, City employee Compensation, and Community outreach & Engagement. The following are items
within the Non-Departmental budget that address these priorities:
o Addressing the backlog of maintenance projects – At the Council’s January 2024 retreat,
most Council Members indicated a desire to prioritize using the City’s healthy rainy day fund in a
way to catch up with long-deferred maintenance projects. In Budget Amendment #5, the
Administration proposed and the Council approved using $15 million from fund balance for this
purpose, which has been added to the CIP log – see information below chart. CIP will be discussed
in more detail on June 6th. In addition to that item, the following are line items in several
departments that may also fit this Council priority:
CIP – Facilities Capital Replacement - $350,000
CIP -Parks Capital Replacement - $250,000
CIP – Public Lands transfer to CIP for maintenance - $683,152
Vacant Building Maintenance
IMS – Radio replacement - $250,000
Pub Utilities – Fire Hydrant Maintenance - $293,219
There are several Mayor-recommended projects in the CIP log (Attachment 2) that would fit
within this policy goal, enhanced with the $15 million added from BA #5 (as noted above CIP will
be discussed in more detail on June 6):
Stabilize Fire Training Tower $ 858,800
400 South Jordan River Bridge Reconstruction $ 4,000,000
Complete Streets Reconstruction $ 4,500,000
Liberty Park Greenhouse (design)$ 921,700
Complete Streets Overlay $ 3,500,000
Public Way Concrete $ 500,000
Facilities Replacement/Renewal Plan $ 2,756,500
Plaza 349 HVAC $ 2,200,000
Sugar House Park Pavilion Replacement $ 480,000
PSB – HVAC Replacement $ 1,300,000
Courts & Playground (some replacement)$ 1,508,090
700 South Reconstruction (4600 to 5000 West)$ 4,500,000
Traffic Signal Replacement $ 860,000
Memory Grove Park Repairs & Preservation Plan $ 1,910,000
Art Barn Infrastructure and ADA Improvement $ 500,000
Fairmont Park Basketball Court $ 754,000
Alleyway Improvements $ 500,000
Concrete Replacement $ 750,000
Total $ 32,299,090
o City response teams and homeless services – Council Members have asked for a review
of City response teams and homeless services to evaluate whether the City is deploying these
resources in the most efficient way. The Administration indicated they are working on
standardizing data collection and metrics across these services.
One-time – Transfer $1 million to Volunteers of America to help with construction costs for their
detox facility on Redwood Road
Axon Body Camera Services Enhancement - $143,280 increase
Vehicles for new positions in FY 25 - $545,993 (FOF)
Racial Equity in Policing Commission recommendations ($1.5 million remaining in account):
Arbinger Leadership Cohort - $74,688
Page | 5
Leadership in Police Org - $52,500
School Resource Training - $22,775
Culturally Responsive Therapy for Police Interactions - $99,840
o City Employee Compensation – The Non-Departmental budget includes pass-through
payments for the Insurance and Risk Management fund. The FY 25 budget includes an
adjustment to compensate for the health insurance premium increase, and reflects a $500,000
decrease due to a discontinuation of the pilot Lifestyle Spending Account program.
o Community Outreach and Engagement – The Non-Departmental FY 25 budget proposes
the following relating to outreach and engagement:
Arts Culture and Events (ACE) Fund for events - $100,000 increase ($300,000 total)
Open Streets (Main Street) for Summer 2026 - $400,000
Various community memberships – see complete list on page 255 of the budget book
o FY 25 Budget Highlights based on previous Council Priorities – While the Council did
not send these to the Administration based on specific priorities for FY 25, several topics
continue to be areas of interest for Council Members:
Transit/Transportation – the FY 25 proposed Non-Departmental budget continues
funding for HIVE passes for public school students, faculty, and a parent or guardian
and makes the funding ongoing. It also increases funding for Westside on-demand ride
service (for a total of $3.3 million), and continues funding for Frequent Bus Routes on
200 South, 900 South, and 2100 South ($7 million) via Funding our Future.
Housing – The proposed budget continues the practice of transferring $2.59 million
from Funding our Future to the RDA for affordable housing development, building on
the $17 million allocated by the RDA in FY 24.
Apprenticeship program – The proposed budget reduces the Amount of Non-
Departmental budget funding for this purpose by $500,000, although it is not ending
the program. The Administration indicates this is because departments appear to be
managing their various programs within their existing budgets usually through
available vacancy savings. The Administration has expressed support in reviewing each
of these budgets in the upcoming zero-based budgeting exercise, so that they can be
called out as individual line items, so that the Council can be assured these programs
will be continued into the future.
Street safety – Council Members have expressed an interest in investing in traffic
calming and street safety improvements. Several CIP requests relate to this policy goal:
Complete Streets Reconstruction/Overlay - $3.5m/$2.75m
Safer Crossings (citywide) - $300,000 recommended in CIP
Neighborhood byways program - $970,000
Applications not recommended for funding
o Livable Streets Program –$3 million requested. Note: this program
received $1.6 million in FY 24
o HAWK Signal at Richmond St and Zenith Ave - $500,000 requested -
Constituent Application
o California Ave Pedestrian Safety - $807,000 requested - Constituent
Application
o 600 South Safety Improvements - $530,000 requested - Constituent
Application
ADDITIONAL INFORMATION/BACKGROUND
The Governmental Transactions section includes:
Page | 6
A centralized account of $696,000 to cover retirement payouts (same as was allocated in FY 23) that
aren’t covered with City department budgets (note: this is not sufficient to cover all retirement-eligible
employees but is higher than previous years funding).
The agreement with Salt Lake County for the operation of the Sorenson Center -- $1,014,800. The figure
is the same as the current fiscal year. Note: $113,798 needs to been transferred to CAN’s budget from
Non-Departmental. It was inadvertently missed in the previous budget amendment.
Contract with the City’s Washington DC lobbyist - $75,000
The tuition aid program for City employees - $320,000. It was last increased in FY 23.
The Animal services contract with Salt Lake County -- $2,069,180 (A $98,532 increase from FY 24).
Note: The City negotiates with the County for this contract but to a certain extent the cost of this
program is determined by the County.
Police Department body cameras -- $1.7 million
Apprenticeship Program - $130,000 ($500,000 reduction) – see note above about this program
continuing within department budgets and a potential legislative intent
HIVE pass program - $564,648, including $214,648 for bus passes for public school children, parents,
and caregivers. Note: Council Staff inquired about the possibility of expanding this program to include
charger schools and schools outside SLC. The Administration responded that because the contract is
between the school district and UTA, the process to amend/expand it may require more time to
negotiate. Staff will keep this on unresolved issues.
See chart on page 2 to see what one can find in the Inter-Governmental Transfers section.
The Municipal Contributions/Civic Support section contains proposed allocations for City memberships
in public groups, financial support for non-profit organizations, and funding that falls outside the realm of City
departments. Specific line items can be found on the Recommended Budget Pages 63-64 and 259-262)
City Programs or Program Support
Legal Defenders (Legally required program) --
$1,724,817
(a $79,750 increase from FY 24)
Diversity Outreach (City Program) -- $3,000
Salt Lake City Arts Council (City Program) -
$1,000,000
(a $200,000 increase from FY 24 – note: while Key changes
indicates this increase will come from Funding our Future, the
Administration has clarified that was included in error, it will
come from the general fund)
Healthcare Innovation – Biohive (City Program)-
$100,000
Sister Cities (City Program) -- $30,000
(a $20,000 increase from FY 24)
ACE Fund (City Program) -- $300,000 – to offset
costs for events in the City
(a $100,000 increase from FY 24)
Dignitary Gifts/Receptions/Employee Appreciation
(City Program) -- $20,00
Housing Authority Transitional Housing -- $85,000
Local Business Marketing Program (City Program) --
$20,000.
Tracy Aviary – $814,173
($50,647 increase from FY 23)
Rape Recovery Center -- $30,000 YWCA Family Justice Center Wraparound Services --
$45,000
The Diversity Outreach allocation is to support minority communities’ chambers of commerce in the
City.
The Arts, Culture, and Events, or ACE Fund originally was called the Signature Events Fund. The fund is
used to help organizations stage events often involving art and performance in Salt Lake City. Groups
apply for money from the fund in an open and competitive process.
City Memberships in Organizations
Suazo Membership - $45,000 Sugar House Park Authority -- $236,597.
($33,654 decrease from FY 23)
Page | 7
Salt Lake Area Chamber of Commerce -- $55,000 Utah League of Cities & Towns -- $243,347
($9,873 increase from FY 24)
National League of Cities & Towns -- $12,797 U.S Conference of Mayors -- $14,242
($2,000 increase from FY 24)
Jordan River Commission -- $16,000 Economic Development Corporation of Utah --
$108,000
World Trade Center -- $50,000.
Sugar House Park Authority - Salt Lake City appoints a City representative to the Sugar House Park
Authority Board of Trustees. Salt Lake County also appoints a representative. The remaining seven
Board Members are volunteers. The City and County jointly subsidize maintenance and operations of
the park.
Utah League of Cities and Towns – the membership dues paid by Salt Lake City (and all member cities)
to the Utah League of Cities and towns is based on a formula that includes sales tax, population, and
property tax. Dues increase when those line items increase for the City.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
COUNCIL.SLCGOV.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL BUDGET
STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
tinyurl.com/SLCFY25
TO:City Council Members
FROM: Jennifer Bruno
Deputy Director
DATE:May 30, 2024
RE: Fiscal Year 2025 – Proposed Insurance and Risk Management Budget
ISSUE AT-A-GLANCE
The budget for the Insurance and Risk Management Fund accounts for costs associated with employee health
insurance, dental insurance, disability insurance, life insurance, and unemployment compensation as well as
property insurance, workers’ compensation, excess liability, cyber liability, crime and dishonesty coverage, and
public official bonds.
There are primarily two General Fund departments that interface with the Insurance and Risk Management
Fund. The Department of Human Resources oversees employee participation in health, dental, life, accidental
death & dismemberment, and disability insurance programs. The City Attorney’s Office oversees the placement
of property insurance, excess workers’ compensation insurance, excess liability insurance, cyber liability, crime
and dishonesty coverage and public official bonds. It also oversees the third-party administration of the City’s
self-insured workers’ compensation program and provides risk assessments, loss mitigation recommendations
and safety training resources.
City staff time that is spent on these activities can be charged to the Insurance and Risk Management Fund.
There are a total of 7.7 FTEs charged to this fund between Human Resources, Attorney’s Office, and Finance.
This is the same amount as the FY 25 budget.
The budget includes total revenues and expenses of $65.2 million. The budget includes an increase of $3.2
million to pay for the 3.6% increase in health insurance premiums (the City pays 95% of the health insurance
premium). The budget reflects a $500,000 reduction because the budget proposes to discontinue the pilot
lifestyle spending account.
The FY 25 budget includes a placeholder of $1.5 million to study the potential of shifting the City’s current
approach of self-funding worker’s compensation. It also includes $55,000 for a vehicle because the division
indicated they are prioritizing engaging with City employees and properties in the field, sometimes in inclement
weather. The Council may wish to discuss this further with the Administration.
The majority of projected revenue for the Insurance and Risk Management Fund comes from health insurance
premiums, which accounts for a majority of the FY 25 Fund expenses.
Project Timeline:
Briefing: May 30, 2024
Budget Hearings: May 21, June 4
Potential Action: June 11 or 13
(TBD)
Page | 2
Revenue and expense budgets are based on the expected premiums collected and paid. Actual General Fund
budgets for the City’s share of the premiums reside in departmental budgets.
The Fund will continue to contribute the up-front contribution to Health Savings Accounts (HSAs) or Health
Reimbursement Arrangements (HRAs) for enrolled employees on July 1st. Because the deductible is proposed to
increase ($2000 for individual, $4000 for family), the Administration is proposing to increase the up-front
contribution ($1000 for individual, $2000 for family).
Attachment – Claims by department
Governmental Immunity Claim Settlements
YTD FY 24 As of May 24, 2024
Claim Number Claim Type Date of Loss Date Closed Total Paid Department
APD2024010535 Auto Property Damage 8/6/2023 5/6/2024 3,339.90$ Water
ABI2022009884 Auto Bodily Injury 4/20/2022 2/6/2024 25,000.00$ Police
ABI2022010056 Auto Bodily Injury 12/7/2021 7/19/2023 8,000.00$ Police
APD2024010484 Auto Property Damage 1/8/2024 3/15/2024 335.88$ Urban Forestry
APD2022010073 Auto Property Damage 10/13/2023 7/18/2023 8,727.01$ Police
APD2022010079 Auto Property Damage 10/21/2022 10/24/2023 1,200.00$ Police
APD2022010079 Auto Property Damage 10/24/2023 1,000.00$
APD2022010098 Auto Property Damage 11/15/2022 7/18/2023 79.04$ Police
APD2023010157 Auto Property Damage 1/3/2023 10/26/2023 22,250.00$ Police
APD2023010214 Auto Property Damage 4/2/2023 12/12/2023 339.87$ Streets
APD2023010228 Auto Property Damage 4/16/2023 10/24/2023 84.59$ Storm Water
APD2023010276 Auto Property Damage 5/24/2023 7/19/2023 4,439.00$ Streets
APD2023010285 Auto Property Damage 5/3/2023 9/12/2023 1,472.75$ CAN
APD2023010287 Auto Property Damage 6/8/2023 12/12/2023 139.95$ Refuse
APD2023010292 Auto Property Damage 6/2/2023 10/25/2023 740.67$ Streets
APD2023010318 Auto Property Damage 3/16/2023 10/25/2023 2,883.88$ Refuse
APD2023010369 Auto Property Damage 8/23/2023 10/25/2023 2,537.00$ Refuse
APD2023010370 Auto Property Damage 2/22/2023 10/25/2023 2,987.65$ Streets
APD2023010371 Auto Property Damage 8/6/2023 10/25/2023 500.00$ Water
APD2023010372 Auto Property Damage 8/25/2023 9/12/2023 3,010.30$ Streets
APD2023010372 Auto Property Damage 8/25/2023 10/9/2023 1,013.78$ Streets
APD2023010374 Auto Property Damage 8/18/2023 10/2/2023 617.41$ Fire
APD2023010388 Auto Property Damage 9/13/2023 10/25/2023 1,019.59$ Refuse
APD2023010391 Auto Property Damage 1/11/2023 10/25/2023 325.00$ Streets
APD2023010393 Auto Property Damage 8/18/2023 11/6/2023 751.15$ Police
APD2023010397 Auto Property Damage 8/25/2023 11/30/2023 10,558.85$ Police
APD2023010433 Auto Property Damage 10/12/2023 2/21/2024 4,722.57$ Water
APD2023010448 Auto Property Damage 11/28/2023 1/4/2024 1,800.00$ Police
APD2023010449 Auto Property Damage 11/25/2023 5/2/2024 794.51$ Refuse
APD2023010455 Auto Property Damage 12/5/2023 1/22/2024 2,434.21$ Fire
APD2023010462 Auto Property Damage 10/30/2023 5/15/2024 2,075.12$ Refuse
APD2023010465 Auto Property Damage 12/7/2023 1/29/2024 3,196.83$ Airport
APD2023010467 Auto Property Damage 10/11/2023 4/22/2024 3,736.97$ Police
APD2024010476 Auto Property Damage 1/7/2024 1/18/2024 872.11$ Fire
APD2024010484 Auto Property Damage 1/8/2024 1/23/2024 4,032.11$ Urban Forestry
APD2024010484 Auto Property Damage 1/8/2024 3/5/2024 1,030.11$ Urban Forestry
APD2024010489 Auto Property Damage 1/17/2024 2/29/2024 7,879.53$ Streets
APD2024010490 Auto Property Damage 1/17/2024 2/6/2024 2,150.00$ Streets
APD2024010504 Auto Property Damage 9/26/2023 3/4/2024 14,982.69$ Refuse
APD2024010552 Auto Property Damage 3/27/2024 5/14/2024 1,308.31$ Parks
APD2024010557 Auto Property Damage 3/27/2024 5/6/2024 3,845.00$ Refuse
APD2024010564 Auto Property Damage 11/14/2023 4/17/2024 6,735.46$ Refuse
APD2024010601 Auto Property Damage 5/8/2024 5/21/2024 2,351.45$ CAN
IMP2023010240 Impound 3/19/2023 7/18/2023 1,129.91$ Police
IMP2023010432 Impound 10/9/2023 12/18/2023 280.00$ Fire
LAW2023010270 Law Enforcement Liability 5/12/2023 7/18/2023 350.00$ Police
LAW2023010436 Law Enforcement Liability 10/6/2023 1/22/2024 310.00$ Police
NFTG2023010275 No Fault Golf 4/27/2023 7/17/2023 300.00$ Nibley
NFTG2023010281 No Fault Golf 5/9/2023 7/17/2023 250.00$ Nibley
NFTG2023010291 No Fault Golf 6/7/2023 7/17/2023 250.00$ Bonneville
NFTG2023010303 No Fault Golf 5/26/2023 10/24/2023 300.00$ Nibley
NFTG2023010310 No Fault Golf 6/16/2023 7/18/2023 290.00$ Forest Dale
NFTG2023010333 No Fault Golf 5/15/2023 10/24/2023 292.00$ Forest Dale
NFTG2023010344 No Fault Golf 6/28/2023 10/24/2023 100.00$ Rose Park
NFTG2023010353 No Fault Golf 6/17/2023 10/24/2023 300.00$ Forest Dale
NFTG2023010367 No Fault Golf 8/17/2023 10/25/2023 300.00$ Nibley
NFTG2024010472 No Fault Golf 12/12/2023 1/11/2024 300.00$ Bonneville
NFTG2024010524 No Fault Golf 2/14/2024 3/1/2024 290.41$ Rose Park
NFTG2024010554 No Fault Golf 4/1/2024 4/3/2024 300.00$ Glendale
NFTG2024010573 No Fault Golf 4/13/2024 5/7/2024 300.00$ Bonneville
NFTG2024010578 No Fault Golf 4/11/2024 4/19/2024 300.00$ Bonneville
NFTG2024010591 No Fault Golf 4/29/2024 5/6/2024 250.00$ Rose Park
NFTG2024010599 No Fault Golf 5/4/2024 5/13/2024 220.00$ Glendale
NFTP2023010307 No Fault Police 1/13/2023 9/12/2023 1,000.00$ Police
NFTP2023010337 No Fault Police 7/28/2023 10/25/2023 425.00$ Police
NFTP2023010413 No Fault Police 6/17/2023 11/28/2023 310.69$ Police
NFTP2024010519 No Fault Police 1/31/2024 5/13/2024 500.00$ Police
NFTP2024010568 No Fault Police 12/28/2023 5/10/2024 300.00$ Police
NFTW2022009927 No Fault Water 5/3/2022 11/14/2023 39,520.00$ Water
NFTW2023010294 No Fault Water 5/2/2023 11/20/2023 1,978.33$ Water
NFTW2023010328 No Fault Water 7/13/2023 10/25/2023 966.73$ Water
NFTW2023010329 No Fault Water 7/12/2023 10/24/2023 17,594.76$ Water
NFTW2023010346 No Fault Water 7/12/2023 10/25/2023 3,212.51$ Water
NFTW2023010363 No Fault Water 5/2/2023 10/25/2023 3,567.12$ Water
NFTW2023010381 No Fault Water 9/2/2023 11/21/2023 692.31$ Water
NFTW2023010403 No Fault Water 7/14/2023 3/6/2024 2,110.05$ Water
OBI2021009905 Other Bodily Injury 9/20/2021 3/29/2024 15,000.00$ Streets
OBI2021009906 Other Bodily Injury 9/20/2021 3/29/2024 10,000.00$ Streets
OBI2022009759 Other Bodily Injury 10/24/2021 3/11/2024 32,000.00$ Police
OBI2023010288 Other Bodily Injury 3/6/2023 11/27/2023 4,425.86$ Facilities
OBI2024010475 Other Bodily Injury 1/13/2023 5/13/2024 12,239.04$ Water
OPD2023010140 Other Property Damage 1/26/2023 4/24/2024 55,722.02$ Engineering
OPD2023010208 Other Property Damage 3/15/2023 12/19/2023 2,418.70$ Water
OPD2023010220 Other Property Damage 1/20/2023 10/25/2023 2,304.82$ Water
OPD2023010229 Other Property Damage 4/5/2023 10/25/2023 500.00$ Streets
OPD2023010271 Other Property Damage 5/19/2023 10/26/2023 300.00$ Streets
OPD2023010322 Other Property Damage 5/28/2023 10/26/2023 567.00$ Sewer
OPD2023010339 Other Property Damage 7/27/2023 10/24/2023 344.80$ Streets
OPD2023010377 Other Property Damage 8/31/2023 10/25/2023 332.47$ Facilities
OPD2023010390 Other Property Damage 8/17/2023 10/25/2023 322.35$ Streets
OPD2023010392 Other Property Damage 9/12/2023 10/25/2023 1,000.00$ Streets
OPD2023010404 Other Property Damage 8/1/2023 10/25/2023 4,552.98$ Streets
OPD2023010406 Other Property Damage 6/2/2023 10/26/2023 1,800.00$ Refuse
OPD2023010409 Other Property Damage 9/28/2023 10/25/2023 975.27$ Refuse
OPD2023010439 Other Property Damage 11/6/2023 12/4/2023 352.03$ Refuse
OPD2024010499 Other Property Damage 1/8/2024 2/26/2024 350.00$ Refuse
OPD2024010522 Other Property Damage 2/14/2024 4/2/2024 515.75$ Streets
OPD2024010560 Other Property Damage 3/20/2024 4/23/2024 26.00$ Streets
OPD2024010561 Other Property Damage 3/20/2024 4/24/2024 26.00$ Streets
OPD2024010562 Other Property Damage 3/20/2024 4/24/2024 26.00$ Streets
PIP2022010101 Personal Injury Protection 5/11/2022 10/25/2023 648.00$ Water
PIP2023010215 Personal Injury Protection 4/20/2022 7/19/2023 3,000.00$ Police
PIP2023010216 Personal Injury Protection 4/20/2022 7/19/2023 3,000.00$ Police
PIP2023010261 Personal Injury Protection 1/3/2023 10/26/2023 281.07$ Streets
PIP2023010314 Personal Injury Protection 10/13/2022 10/26/2023 305.00$ Police
PIP2024010487 Personal Injury Protection 5/24/2023 3/5/2024 179.00$ Streets
PIP2024010488 Personal Injury Protection 5/24/2023 3/5/2024 179.00$ Streets
Total 399,583.23$
In addition to the 107 claims settled to-date in
FY 24, 71 are still open and 127 claims have
been closed without payment for the following
reasons: denial of claim, judgment for City, or
indemnification from Contractor.
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CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Cindy Gust Jenson and Ben Luedtke
DATE:May 30, 2024 LAST UPDATED MAY 28
RE: Ordinance Amendment for Core Functions of the Sustainability Department
ISSUE AT-A-GLANCE
As part of the FY2024 annual budget, the Council adopted a legislative intent for department role clarity, stating:
“It is the intent of the Council to ask the Attorney’s Office to propose updates to the City’s code that define and
discuss the respective roles of City departments. This review should include, but not be limited to, the
Sustainability, Economic Development, and Public Lands Departments. Per Council discussion, Sustainability is
the priority.”
The Attorney’s Office provided a draft ordinance that would amend Section 2.08.120 of the Salt Lake City Code
to update the functions and responsibilities of the Sustainability Department. The current ordinance language
for the Sustainability Department is two sentences. First is a circular reference that lacks specificity and meaning,
and second is the function of the Waste & Recycling Division:
Current City Code Language from Section 2.08.120: DEPARTMENT OF SUSTAINABILITY:
“A. Functions: The department of sustainability shall have charge of and be responsible for
sustainability. The department will also be responsible for the collection and disposal of all solid waste
generated within the city as provided for in city ordinances. (Ord. 38-16, 2016)”
Attachment 1 is a redlined version of the draft ordinance amendment to Section 2.08.120 for the Sustainability
Department. Attachment 2 is a memo transmittal from the Attorney’s Office.
Background on City Council’s Role in Establishing Department Authority:
Utah Code 10-3b-203(1)(b) says that the Council “may adopt an ordinance creating, consolidating, or abolishing
departments, divisions and bureaus; and defining or altering the functions and duties of each department,
division, and bureau.” This is the section of Utah Code establishing the Council’s policymaking authority to create
and alter Administrative departments and give policy direction on these departments’ roles and authority. Under
Utah Code 10-3b-202(c) and (d), upon establishment of the department’s authority, the Mayor may “exercise
control of and supervise executive or administrative department, division, or office of the municipality” and
“execute the policies adopted by the council.” The Mayor has broad discretion to establish administrative policy
and priorities within the bounds set by the Council in ordinance and within the budget established by the Council.
Of course, the Mayor is also free to make any type of proposal for funding or ordinance establishment.
Title 2 of Salt Lake City Code is the codification of the Council’s policy direction to the Administrative
departments on each department’s role and authority. In considering revisions to Title 2, the Council has the
Project Timeline:
1st Briefing: May 30, 2024
2nd Briefing: TBD
Potential Adoption Vote: TBD
Page | 2
opportunity to provide policy guidance on the role, duties, and functions of the department; relying on such
policymaking, the Administration can then implement programs, initiatives, and administrative policies to
execute on those duties and functions.
Of course, Title 2 is not the only opportunity for the Council to provide policymaking to the Administration.
Based on the duties and functions provided under Title 2, the departments may then prepare draft plans,
programs, ordinances, resolutions, and budgets, all of which would go back to the Council for further legislative
action and altering. This back and forth is intended to be a constantly evolving conversation between the
branches, enabling the Council to articulate legislative priorities and the Administrative departments to propose
the mechanisms by which those priorities are executed.
The proposed attached revisions to Title 2 for the Sustainability Department are intended to alter and clarify the
Department’s duties, functions, roles, and authority, so it can execute on those policies through planning,
projects, and budgets.
The City Attorney’s Office is working on proposed amendments for other departmental sections of Title 2 which
also lack sufficient specificity.
Council staff has reviewed Title 2, and notes that in addition to lack of clarity of the roles/authority of specific
departments, there is not an overarching section of Title 2 that applies to all departments and addresses: the
roles of the Council and Administration, accountability between the branches of government, transparency,
limitations on departmental authority, and recognition of department authority in relationship with the County,
School District, and State. The Council may want to consider requesting the City Attorney’s Office to draft a new
section of Title 2 to address these overarching issues (more details on these are listed after the Sustainability
Department specific section which immediately follows).
Analysis of Draft Sustainability Department Ordinance Revisions:
Four Core Functions
(Text in red is copied directly from Attachment 1 the draft ordinance amendment)
The ordinance amendment identifies four core functions (or roles and duties) for the Department to tie its
budgets and programs back to. The Council has the opportunity to decide whether they agree with these duties
and functions or whether they would like to change these policies.
The core functions include, broadly: (1) policies/programs to protect natural resources, reduce pollution, slow
climate change, and create environmental resiliency (and this includes eight “focus areas” within this function);
(2) waste and recycling services; (3) public engagement about the City priorities that fall within the Department’s
focus areas; and (4) prioritizing projects that fall within the scope of city government and coordinating with
community, state, or county entities that have authority over the programs.
Note that this final prioritization (#4) could be revised to apply to all departments that create and administer
municipal programs, especially related to the question of the role of departments related to other government
agencies, including the County, State, and School District.
Each of the core functions is analyzed below.
Core Function #1: Citywide Policies and Programs Role to Advance Eight Focus Areas
“Pursuant to the policy direction under this section of City Code, and within the budgetary
authority [established by the Council], the department may develop and coordinate policies and
programs across city departments to benefit the community that will protect natural resources,
reduce pollution, slow climate change, and establish a path toward greater resiliency for city
operations and the community. Policies and programs will be aimed at achieving the greatest
local impact, and shall address the following focus areas:”
Page | 3
Eight Focus Areas
a. “Environmental compliance of city operations
b. Climate change mitigation and adaptation
c. Air quality
d. Energy efficiency
e. Renewable energy
f. Environmental justice and equity, local food systems
g. Greenhouse gas emissions reduction
h. Waste reduction, reuse, and recycling.”
The Council may want to consider whether these functions are in line with its expectation for the Department,
are too broad (or too narrow) or need to be revised in any way. If the Council adopts this ordinance, this becomes
the duties and functions for the Department to execute on these policies by planning, requesting budget for, and
establishing programs. This is not a delegation of policymaking authority to the Department (this clarification
could be added explicitly to the ordinance text); rather, the ordinance is itself an exercise of the Council’s
policymaking authority and establishes Department functions/authority which the Department (under its
administrative authority) will execute upon to effectuate those policies.
One question the Council may want to consider is whether one department is in the best position to lead out on
the policies listed in this draft ordinance and encourage the Mayor to identify a single lead department on all
major projects for that core function / focus area. To assist the Council in this consideration, staff has created a
table of potential overlap between the Sustainability Department’s listed core functions and other departments’
roles in those functions.
Table of Potential Overlap between Department’s Core Functions & Focus Areas
This is not a comprehensive analysis of all core functions across departments and is intended for discussion
purposes at the Council briefing.
Core Function /
Focus Area Departments Notes
Protect natural
resources
Public Lands,
Public Utilities,
Sustainability
- The Public Utilities Department has water rights and is
tasked with watershed protection.
- The Public Utilities Department and the Public Lands
Department own natural lands properties.
- The Sustainability Department focuses on reducing, reusing,
and recycling of waste, energy efficiency, and renewable
energy to decrease the use of virgin materials to protect
natural resources.
Energy efficiency
Facilities Division in
Public Services,
Public Utilities,
Sustainability
- The Facilities Division in the Public Services Department is
responsible for maintenance and operations systems of City
buildings including energy efficiency projects.
- The City’s network of streetlights and off-street lights such as
on urban trails) are maintained and managed by the Public
Utilities Department and the Engineering Division in the
Public Services Department.
- Sustainability leads the City’s efforts to promote energy
efficiency in City buildings by convening the internal Energy
Management Steering Committee and providing overall
guidance for many citywide efficiency efforts.
Page | 4
Core Function /
Focus Area Departments Notes
Environmental
justice and equity
Equity Division in the
Mayor’s Office,
Sustainability
- The Mayor’s Office has a Division of Equity & Inclusion
created a few years ago, which oversees the City’s Title VI
compliance (which includes an environmental justice and
equity component) in connection with federally funded
Transportation programs.
-Sustainability advises and coordinates with the Mayor’s
Office and other departments to integrate environmental
justice into existing or proposed City programs, including by
advising on Brownfields grant awards for environmental
cleanup projects on City/RDA property.
Greenhouse gas
emissions
reduction
Airport,
Fleet Division and
Facilities Division in
Public Services,
Transportation
Division in CAN,
Sustainability
- Measuring greenhouse gas emissions is a specialized skill
that not all departments and divisions have in house.
- Aviation and vehicles are major generators of greenhouse
gas emissions so the Airport Department and Transportation
Division have tools to advance this core function.
- The City’s vehicle fleet and equipment are managed by the
Fleet Division and the Airport separately has a Fleet. Both are
moving to electrify the vehicles and charging infrastructure.
-Sustainability leads the City’s efforts to electrify the City’s
fleet and increase community EV charging infrastructure. The
Department organized the installation of new EV charging
infrastructure, working with procurement, engineering,
finance, and fleet division. Sustainability also addresses this
through efforts to assist City residents to replace gas-powered
lawn equipment.
- Sustainability is also pioneering the Utah Renewable
Communities or URC program, intended to reduce emissions
by transitioning the community to renewable energy
resources. The Department works to establish renewable
energy on City properties, including the solar farm on the fleet
yard and Sorenson Center.
Core Function #2: Waste & Recycling Division
“Providing waste and recycling services in accordance with Chapter 9.08 [Solid Waste and
Recyclable Items] of this code.”
Note that the Waste & Recycling Division represents 90% of the entire Sustainability Department budget.
Core Function #3: Public Education and Outreach
“Developing strategies and resources to equitably engage and educate the public on department
focus areas.”
Core Function #4: Prioritization of Resources
(Top priority is listed first then lower priorities)
The purpose of this function is to give the Department clarity on how to prioritize limited city resources when
there might be other entities (private organizations, the State, County, or School District) which also could have
authority in this realm. This section could be applicable to all departments. The Council could consider this
prioritization as a follow-up policy discussion later after the core functions 1-3 listed above specific to the
Sustainability Department.
“Prioritizing use of limited city resources by recognizing the following order of precedence in
managing new and existing department programs:”
Page | 5
a. “City-specific programs or programs tailored to make a city-specific impact or address a
city-specific concern;
b. Partnership or supplementary programs designed to fill in gaps between other
community or governmental initiatives;
c. Programs that leverage financial or programmatic resources of other community or
governmental organizations; and
d. Programs that position the city as a community leader to effectuate change in
department focus areas and stimulate greater community impact.”
Overarching Policy Direction to All Departments:
Some of the topics proposed in the ordinance amendment such as the prioritization of resources (core function
#4 above) and others raised by Council Members in recent discussions could be applicable to all departments.
The Council may wish to request the City Attorney’s Office to draft a new section of Title 2 to create a section of
duties, functions, and roles that apply to all departments. An outline of potential topics is listed below.
- City’s Form of Government: Codify the separate and co-equal authority of the branches of government,
including the Council’s role of ordinance adoption, broad policy making, and budgetary authority, and
the Administration’s role to execute on those polices, prepare plans and budgets for consideration,
develop administrative policies and programs to execute on legislative policies, and operate the City.
- Participate in Centralized Financial System: Codify the Department of Finance’s role to direct and advise
all City departments on financial best practices for accounting, financial reporting, banking, budget, and
procurement policies and procedures. All departments, including enterprise funds, are required to work
closely with the Department of Finance on financial best practices, to ensure consistency throughout the
City.
- Grant Applications Advance City Policies: Codify a consistent grant application process for all
departments in the City to ensure the Department of Finance has reviewed each grant application to
ensure consistency with the City’s policies and processes.
- Coordinate With Existing Services: Codify a requirement that all departments prioritize limited City
resources by tracking and coordinating with other departments and ensuring that City programs are not
overlapping with outside entities’ programs unless the City has decided to fill a gap or lead out in that
area. This might include establishing a community resource list of available programs and opportunities
from other outside entities.
- Uniform Tracking and Communication: Codify a policy that the City utilize performance measurements
for services provided by a department. Consider codifying a requirement for a uniform constituent
relations management or CRM system. Consider codifying a requirement for universal communication
standards, including use of the City’s logo, Department name and public contact information.
- Participate in Centralized Recorder Systems: Codify the City Recorder’s Office’s role to create a clear
public record and advise all City departments on public noticing requirements and best practices. All
departments, including enterprise funds, are required to work closely with the Recorder’s Office on
official transmittals from the Mayor’s Office to the City Council Office, and creating a transparent public
record of official papers and proceedings. All bodies convened by City Departments to advise the City
on public policy recommendations to the Mayor and City Council adhere to the Open and Public
Meetings Act, and be appointed in accordance with City ordinances, or otherwise authorized (by both
branches?).
- Utilize Attorney’s Office for Legal Matters: Codify a requirement that all departments seek legal services
provided by the Attorney’s Office and may not independently seek outside legal counsel. Separate
Page | 6
executive or legislative counsel may be sought from appropriated funds in certain circumstances per
2.08.040 (B) of Salt Lake City Code.
Goal of the briefing: Receiving a briefing about the proposed ordinance amendment for the Sustainability
Department’s functions, identify areas of shared understanding, questions, and potential modifications.
POLICY QUESTIONS
1. Agree, Add, and / or Modify Core Functions and Focus Areas – Are the four core functions the policy,
duties, and roles that the Council wants to give to the Department of Sustainability? Does the Council
see any missing core functions, focus areas or modifications to the proposed text? A few potential focus
area topics not in the proposed ordinance are:
a. In the 4th core function: add a duty for the Department to collaborate with other departments
on shared policy objectives, including financial incentives and programs for community
members, such as loans and grants.
b. In the 1st core function: add a duty for the Department to prioritize programs within the 8 focus
areas that can facilitate a positive environmental impact, without creating new City services or
programs.
2. Create Section of Administrative Organization Applicable to All Departments – Does the Council want
to request staff work with the Attorney’s Office and City Administration to create a section of Title 2 for
topics applicable to all departments (see write-up earlier in this report)?
3. Minimize Redundancies; Specify a Lead Department – As the Council considers the amendments to
the authority of the Sustainability Department and, will, in the future, consider the role and authority
of other departments through the Title 2 revision process, it may want to consider encouraging the
Mayor to identify which department will be identified as the “lead department” for Council identified
policy priorities. An objective of these Title 2 revisions is to identify each department’s leadership/core
functions so everyone—other departments, the Administration, the public, and the Council, know who
leads out on City initiatives and collaborates with other departments and stakeholders.
4. No Administrative Organization Section for the Justice Court or the Library – Chapter 2.08
Administrative Organization of Salt Lake City Code has sections for every department except for the
Justice Court and the Library. The Council may wish to request the Attorney’s Office propose an
ordinance amendment to add a section for the Library which has a unique role in the City under state
law. The Council’s role in the Library budget process is unique to other City enterprise funds. The
Library Board sets the policy for Library operations. The Council is tasked with reviewing and
approving the overall budget and setting the Library’s tax rate. A section for the Justice Court may not
be needed because the Council recently approved an ordinance amendment establishing it as the third
branch of City government (independent of the legislative and administrative / executive branches) as
required by recent changes to state law. Note that except for the judges and chief administrator, the
Justice Court employees remain City employees.
ADDITIONAL AND BACKGROUND INFORMATION
Summary of the Two Divisions in the Sustainability Department
The Waste & Recycling Division enterprise fund operates like a business where revenues must cover expenses.
It provides weekly collection of recycling, yard waste, and garbage as well as to special events, operates a bulk
waste collection program “Call 2 Haul,” supports the municipal landfill, education and permitting, and oversees
implementation of city ordinance requirements for commercial recyclers. There are 57 FTEs in the Waste &
Recycling Division. This Division is 90% ($25.6 million) of the Department’s total ($28.5 million) budget.
The Environment & Energy Division is transitioning away from relying on landfill dividends as a revenue
source to be fully covered by the General Fund, and FY2024 is planned to be the last year in that transition. The
Environment & Energy Division seeks to advance the City’s sustainability, renewable energy, carbon emissions
Page | 7
reduction, and electrified transportation goals jointly adopted by the Mayor and Council (under Resolutions 23
of 2019 and 33 of 2016); it is those policy goals the Department has sought to execute on. It assists departments
with environmental assessments typically performed by consultants and compliance, implements strategies to
reduce emissions and improves energy efficiency for City operations and resident’s activities, address food
insecurity, and facilitates greater access to renewable energy. There are eight FTEs in the Environment &
Energy Division. The list below includes some current and recent programs, projects, and studies of this
Division for reference:
- Air quality incentives program
o Note the base program is for residents to exchange gas-powered lawnmowers for electric
versions.
o A one-time expansion of the program in FY2024 funded vouchers to partially cover the cost of
electric bikes and indoor air purification devices (e.g., air purifiers, HVAC filters, and induction
stoves.
- Electric vehicle charging stations
o Includes internal facing study and work to serve the City’s vehicle fleet and external facing
study and work for publicly available EV charging stations
- Community renewable energy program
o Note the name has evolved over the years including Utah Renewable Communities
- Community food equity assessment
- Environmental testing and remediation coordination
ATTACHMENTS
1. Redlined version of draft ordinance amendment to Section 2.08.120 for the Sustainability Department
2. Memo from the Attorney’s Office
ACRONYMS
CRM - Constituent Relations Management
FY – Fiscal Year
TBD – To Be Determined
LEGISLATIVE DRAFT
1 SALT LAKE CITY ORDINANCE
2 No. of 2024
3 (An ordinance amending Section 2.08.120 of the Salt Lake City Code
4 Pertaining to the Department of Sustainability)
5 An ordinance amending Section 2.08.120 of the Salt Lake City Code pertaining to the functions
6 of the department of sustainability.
7 WHEREAS, Chapter 2.08 “Administrative Organization” sets out the city’s administrative
8 organization by describing each operating department and its associated duties, functions, and
9 responsibilities; and
10 WHEREAS, Section 2.08.120 “Department of Sustainability” describes the specific functions
11 assigned to the department;
12 WHEREAS, the Salt Lake City Council finds that updates to the current ordinance are
13 necessary to clarify, provide policy priorities, and further describe the duties, functions, and
14 responsibilities of the department of sustainability; and
15 WHEREAS, upon consideration of the desired role of the department of sustainability, the
16 Salt Lake City Council assigns certain functions for the purpose of attaining the greatest local
17 impact in matters of sustainability.
18 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
19 SECTION 1. Amending Section 2.08.120. Section 2.08.120 of the Salt Lake City Code
20 shall be, and hereby is, amended to read as follows:
21 A. Functions: The department of sustainability shall have charge of and be responsible
22 for: sustainability. The department will also be responsible for the collection and
23 disposal of all solid waste generated within the city as provided for in city ordinance.
LEGISLATIVE DRAFT
24 1. Developing and coordinating policies and programs across city departments and
25 throughout the community that will protect natural resources, reduce pollution,
26 slow climate change, and establish a path toward greater resiliency for city
27 operations and the community. Policies and programs will be aimed at achieving
28 the greatest local impact, and shall address the following focus areas:
29 a. Environmental compliance of city operations
30 b. Climate change mitigation and adaptation
31 c. Air quality
32 d. Energy efficiency
33 e. Renewable energy
34 f. Environmental justice and equity, local food systems
35 g. Greenhouse gas emissions reduction
36 h. Waste reduction, reuse, and recycling.
37 2. Providing waste and recycling services in accordance with Chapter 9.08 of this
38 code.
39 3. Developing strategies and resources to equitably engage and educate the public on
40 department focus areas.
41 4. Prioritizing use of limited city resources by recognizing the following order of
42 precedence in managing new and existing department programs:
43 a. City-specific programs or programs tailored to make a city-specific impact
44 or address a city-specific concern;
45 b. Partnership or supplementary programs designed to fill in gaps between
46 other community or governmental initiatives;
LEGISLATIVE DRAFT
47 c. Programs that leverage financial or programmatic resources of other
48 community or governmental organizations; and
49 d. Programs that position the city as a community leader to effectuate change
50 in department focus areas and stimulate greater community impact.
51 SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first
52 publication.
53 Passed by the City Council of Salt Lake City, Utah this day of , 2024.
54
55
56 CHAIRPERSON
57 ATTEST:
58
59 CITY RECORDER
60
61 Transmitted to Mayor on .
62 Mayor’s Action: Approved. Vetoed.
63
64
65
66 MAYOR
67
68 CITY RECORDER
69 (SEAL)
LEGISLATIVE DRAFT
70
71 Bill No. of 2024.
72 Published: .
Katherine Lewis (Mar 25, 2024 08:49 MDT)
MEMORANDUM TO CITY COUNCIL
To:Salt Lake City Council Victoria Petro, Chair
Date:March 22, 2024
Date Received by City Council Office
From:Katherine Lewis, City Attorney
Sara Montoya, Senior City Attorney
Subject:Administrative Organization Ordinance amendments—City Code Section
2.08.120 (Department of Sustainability)
Document Type:Ordinance
Recommendation:Adopt amendments to City Code Section 2.08.120
BACKGROUND/DISCUSSION:
In response to the Legislative Intent of Fiscal Year 2024 and to provide clarity and proposed updates to
the City’s code defining and discussing the respective roles of City departments, the City Attorney’s
Office is providing the proposed amendments to Title 2 related to the Sustainability Department for
consideration of the City Council.
Title 2 is the section of City Code that establishes the City departments and their respective roles in City
government. The City Attorney’s Office has identified some departments’ roles in Title 2 which are not
specific and do not clearly identify the specific core City functions these departments serve. As part of its
service to both branches of government, the City Attorney’s Office is drafting changes to Title 2 for these
identified departments. The goal of these revisions is to establish a shared understanding of the role and
operations of each department in the City, so that the Administration can create programs and budget
proposals tied to those roles, and the Council can review these programs and budget proposals under the
shared framework and understanding.
The City Attorney’s Office is first reviewing and proposing changes to Sustainability’s roles and
functions under Title 2.
Chapter 2.08 was amended in 2016 to formally create the Department of Sustainability1, with the original
purpose of the department described as “collaborat[ing] across city departments and functions, with other
1 Pursuant to Ordinance 38 of 2016 (Amending Chapter 2.08 of Administrative Organization) passed by the Salt
Lake City Council on June 14, 2016.
governmental agencies, business, and other key stake-holders to address air quality, land and water
management, and climate change.” Section 2.08.120 currently describes the functions of the department
of sustainability as follows: “[t]he department of sustainability shall have charge of and be responsible for
sustainability. The department will also be responsible for the collection and disposal of all solid waste
generated within the city as provided for in city ordinance.” The City Attorney’s Office has identified
this section as lacking specificity, given that under current City Code, the Department of Sustainability’s
responsibility is for sustainability. The intent of the attached changes is to establish specificity and a
shared understanding of the City functions that the Department of Sustainability is charged with
executing.
In the nearly eight years since the Department of Sustainability was created, the challenges and
opportunities facing the City in matters of environment and sustainability have quickly grown and
evolved, necessitating additional legislative input to redefine policy principles that will guide the
department’s functions and responsibilities. The proposed amendments more clearly articulate the
Department’s functions and responsibilities, so that when the Department proposes programs or new
budget items, the Council and Administration can tie these requests to the roles and functions established
in Title 2 by the Council.
The proposed ordinance accomplishes the following:
Comprehensively describes the functions of the Department of Sustainability.
Defines the Department’s role in the City as developing and coordinating policies and programs
across City operations and throughout the community.
Prescribes a list of Department focus areas to guide the Department’s policies and programs.
Specifies that the Department will aim to achieve the greatest local impact in its policies and
programs.
Charges the Department with providing waste and recycling services for the City.
Tasks the Department with developing strategies and resources to conduct public outreach
activities related to focus areas.
Provides a method of prioritizing programs to guide the Department in managing current and
proposed new programs. The prioritization, in order of precedence, is described as follows: first,
programs that are focused on city-specific issues and impacts, then partnership programs that fill
programmatic gaps in the community, then programs that leverage other stakeholder resources,
and finally, programs that position the City as a community leader in areas of sustainability.
In drafting these amendments, the City Attorney’s Office consulted with the Department of Sustainability
and largely found alignment with the Department’s view of its functions and duties. Some areas where we
engaged in further discussion, and that may warrant additional City Council consideration, are outlined
below:
“Protect natural resources”: The City Attorney’s Office had questions for the Department as to
whether this was primarily a function of other City departments or outside the scope of the local
focus that the City’s administration should have. The Department felt this does fall within its core
responsibilities, pointing out that waste reduction, reuse, and recycling, as well as energy
efficiency and renewable energy all work toward reducing the use of virgin materials to protect
natural resources.
“Local food systems”: We understand the City Council has previously considered whether
programs protecting or establishing local food systems should be a municipal function, rather
than the responsibility of community groups and other regional partners. The Department
believes local food programs are a core municipal role within their responsibilities for a variety of
reasons. One notable reason is because the Department has identified many activities and
programs within City operations that already directly influence the local food environment and
access. Thus, there is potential for the Department to serve as the central coordinator of the City’s
approach to food issues and help create efficiencies across City departments. To help further this
discussion, the Department created a Food Equity Program Update for the Council to provide
information on the food equity program within the context of local government’s role in the food
economy. The City Attorney’s Office believes this is a policy decision as to whether this is a core
function of City government.
“Environmental Justice and Equity”: The City Attorney’s Office suggested adding a core function
of environmental justice and equity, to capture the Department’s work in local food systems as a
subset of the broader role the Department plays in promoting environmental justice and equity
across all areas of City functions.2 The Department agrees that such a focus area is important, but
would rather see environmental justice and equity and food systems as two distinct areas of core
functions. This is another policy discussion for the Council and Administration.
Subsection 4: The City Attorney’s Office included this prioritization structure to create a method
of guiding the Department in ranking the priority of Departmental programs when allocating
budget and committing City resources. The Department suggested that this prioritization method
could be valuable for all departments which create programs with municipal resources.
These proposed amendments to City ordinance aim to provide policy direction, clarity of purpose, and a
prescriptive list of functions to the Department of Sustainability to ensure it operates with focused intent
and maximum local impact.
ATTACHMENTS:
A. Proposed Ordinance Amending City Code Section 2.08.120
B. Legislative Draft Ordinance Amending City Code Section 2.08.120
2 Of note, environmental justice is also relevant to the City’s Title VI Plan and required for federal compliance for
certain federally funded programs.
ATTACHMENT A: ORDINANCE (CLEAN)
ATTACHMENT B: LEGISLATIVE DRAFT ORDINANCE
SALT LAKE CITY ORDINANCE
No. of 2024
(An ordinance amending Section 2.08.120 of the Salt Lake City Code
Pertaining to the Department of Sustainability)
An ordinance amending Section 2.08.120 of the Salt Lake City Code pertaining to the functions
of the department of sustainability.
WHEREAS, Chapter 2.08 “Administrative Organization” sets out the city’s administrative
organization by describing each operating department and its associated duties, functions, and
responsibilities; and
WHEREAS, Section 2.08.120 “Department of Sustainability” describes the specific functions
assigned to the department;
WHEREAS, the Salt Lake City Council finds that updates to the current ordinance are
necessary to clarify, provide policy priorities, and further describe the duties, functions, and
responsibilities of the department of sustainability; and
WHEREAS, upon consideration of the desired role of the department of sustainability, the
Salt Lake City Council assigns certain functions for the purpose of attaining the greatest local
impact in matters of sustainability.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending Section 2.08.120. Section 2.08.120 of the Salt Lake City Code
shall be, and hereby is, amended to read as follows:
A. Functions: The department of sustainability shall have charge of and be responsible
for:
1. Developing and coordinating policies and programs across city departments and
throughout the community that will protect natural resources, reduce pollution,
slow climate change, and establish a path toward greater resiliency for city
operations and the community. Policies and programs will be aimed at achieving
the greatest local impact, and shall address the following focus areas:
a. Environmental compliance of city operations
b. Climate change mitigation and adaptation
c. Air quality
d. Energy efficiency
e. Renewable energy
f. Environmental justice and equity, local food systems
g. Greenhouse gas emissions reduction
h. Waste reduction, reuse, and recycling.
2. Providing waste and recycling services in accordance with Chapter 9.08 of this
code.
3. Developing strategies and resources to equitably engage and educate the public on
department focus areas.
4. Prioritizing use of limited city resources by recognizing the following order of
precedence in managing new and existing department programs:
a. City-specific programs or programs tailored to make a city-specific impact
or address a city-specific concern;
b. Partnership or supplementary programs designed to fill in gaps between
other community or governmental initiatives;
c. Programs that leverage financial or programmatic resources of other
community or governmental organizations; and
d. Programs that position the city as a community leader to effectuate change
in department focus areas and stimulate greater community impact.
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 , 2024.
CHAIRPERSON
ATTEST:
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: Approved. Vetoed.
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2024.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Published: .
Date:March 21, 2024
Sara Montoya, Senior City Attorney
LEGISLATIVE DRAFT
1 SALT LAKE CITY ORDINANCE
2 No. of 2024
3 (An ordinance amending Section 2.08.120 of the Salt Lake City Code
4 Pertaining to the Department of Sustainability)
5 An ordinance amending Section 2.08.120 of the Salt Lake City Code pertaining to the functions
6 of the department of sustainability.
7 WHEREAS, Chapter 2.08 “Administrative Organization” sets out the city’s administrative
8 organization by describing each operating department and its associated duties, functions, and
9 responsibilities; and
10 WHEREAS, Section 2.08.120 “Department of Sustainability” describes the specific functions
11 assigned to the department;
12 WHEREAS, the Salt Lake City Council finds that updates to the current ordinance are
13 necessary to clarify, provide policy priorities, and further describe the duties, functions, and
14 responsibilities of the department of sustainability; and
15 WHEREAS, upon consideration of the desired role of the department of sustainability, the
16 Salt Lake City Council assigns certain functions for the purpose of attaining the greatest local
17 impact in matters of sustainability.
18 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
19 SECTION 1. Amending Section 2.08.120. Section 2.08.120 of the Salt Lake City Code
20 shall be, and hereby is, amended to read as follows:
21 A. Functions: The department of sustainability shall have charge of and be responsible
22 for: sustainability. The department will also be responsible for the collection and
23 disposal of all solid waste generated within the city as provided for in city ordinance.
LEGISLATIVE DRAFT
24 1. Developing and coordinating policies and programs across city departments and
25 throughout the community that will protect natural resources, reduce pollution,
26 slow climate change, and establish a path toward greater resiliency for city
27 operations and the community. Policies and programs will be aimed at achieving
28 the greatest local impact, and shall address the following focus areas:
29 a. Environmental compliance of city operations
30 b. Climate change mitigation and adaptation
31 c. Air quality
32 d. Energy efficiency
33 e. Renewable energy
34 f. Environmental justice and equity, local food systems
35 g. Greenhouse gas emissions reduction
36 h. Waste reduction, reuse, and recycling.
37 2. Providing waste and recycling services in accordance with Chapter 9.08 of this
38 code.
39 3. Developing strategies and resources to equitably engage and educate the public on
40 department focus areas.
41 4. Prioritizing use of limited city resources by recognizing the following order of
42 precedence in managing new and existing department programs:
43 a. City-specific programs or programs tailored to make a city-specific impact
44 or address a city-specific concern;
45 b. Partnership or supplementary programs designed to fill in gaps between
46 other community or governmental initiatives;
LEGISLATIVE DRAFT
47 c. Programs that leverage financial or programmatic resources of other
48 community or governmental organizations; and
49 d. Programs that position the city as a community leader to effectuate change
50 in department focus areas and stimulate greater community impact.
51 SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first
52 publication.
53 Passed by the City Council of Salt Lake City, Utah this day of , 2024.
54
55
56 CHAIRPERSON
57 ATTEST:
58
59 CITY RECORDER
60
61 Transmitted to Mayor on .
62 Mayor’s Action: Approved. Vetoed.
63
64
65
66 MAYOR
67
68 CITY RECORDER
69 (SEAL)
LEGISLATIVE DRAFT
70
71 Bill No. of 2024.
72 Published: .
Katherine Lewis (Mar 25, 2024 08:49 MDT)
MEMORANDUM TO CITY COUNCIL
To:Salt Lake City Council Victoria Petro, Chair
Date:March 22, 2024
Date Received by City Council Office
From:Katherine Lewis, City Attorney
Sara Montoya, Senior City Attorney
Subject:Administrative Organization Ordinance amendments—City Code Section
2.08.120 (Department of Sustainability)
Document Type:Ordinance
Recommendation:Adopt amendments to City Code Section 2.08.120
BACKGROUND/DISCUSSION:
In response to the Legislative Intent of Fiscal Year 2024 and to provide clarity and proposed updates to
the City’s code defining and discussing the respective roles of City departments, the City Attorney’s
Office is providing the proposed amendments to Title 2 related to the Sustainability Department for
consideration of the City Council.
Title 2 is the section of City Code that establishes the City departments and their respective roles in City
government. The City Attorney’s Office has identified some departments’ roles in Title 2 which are not
specific and do not clearly identify the specific core City functions these departments serve. As part of its
service to both branches of government, the City Attorney’s Office is drafting changes to Title 2 for these
identified departments. The goal of these revisions is to establish a shared understanding of the role and
operations of each department in the City, so that the Administration can create programs and budget
proposals tied to those roles, and the Council can review these programs and budget proposals under the
shared framework and understanding.
The City Attorney’s Office is first reviewing and proposing changes to Sustainability’s roles and
functions under Title 2.
Chapter 2.08 was amended in 2016 to formally create the Department of Sustainability1, with the original
purpose of the department described as “collaborat[ing] across city departments and functions, with other
1 Pursuant to Ordinance 38 of 2016 (Amending Chapter 2.08 of Administrative Organization) passed by the Salt
Lake City Council on June 14, 2016.
governmental agencies, business, and other key stake-holders to address air quality, land and water
management, and climate change.” Section 2.08.120 currently describes the functions of the department
of sustainability as follows: “[t]he department of sustainability shall have charge of and be responsible for
sustainability. The department will also be responsible for the collection and disposal of all solid waste
generated within the city as provided for in city ordinance.” The City Attorney’s Office has identified
this section as lacking specificity, given that under current City Code, the Department of Sustainability’s
responsibility is for sustainability. The intent of the attached changes is to establish specificity and a
shared understanding of the City functions that the Department of Sustainability is charged with
executing.
In the nearly eight years since the Department of Sustainability was created, the challenges and
opportunities facing the City in matters of environment and sustainability have quickly grown and
evolved, necessitating additional legislative input to redefine policy principles that will guide the
department’s functions and responsibilities. The proposed amendments more clearly articulate the
Department’s functions and responsibilities, so that when the Department proposes programs or new
budget items, the Council and Administration can tie these requests to the roles and functions established
in Title 2 by the Council.
The proposed ordinance accomplishes the following:
Comprehensively describes the functions of the Department of Sustainability.
Defines the Department’s role in the City as developing and coordinating policies and programs
across City operations and throughout the community.
Prescribes a list of Department focus areas to guide the Department’s policies and programs.
Specifies that the Department will aim to achieve the greatest local impact in its policies and
programs.
Charges the Department with providing waste and recycling services for the City.
Tasks the Department with developing strategies and resources to conduct public outreach
activities related to focus areas.
Provides a method of prioritizing programs to guide the Department in managing current and
proposed new programs. The prioritization, in order of precedence, is described as follows: first,
programs that are focused on city-specific issues and impacts, then partnership programs that fill
programmatic gaps in the community, then programs that leverage other stakeholder resources,
and finally, programs that position the City as a community leader in areas of sustainability.
In drafting these amendments, the City Attorney’s Office consulted with the Department of Sustainability
and largely found alignment with the Department’s view of its functions and duties. Some areas where we
engaged in further discussion, and that may warrant additional City Council consideration, are outlined
below:
“Protect natural resources”: The City Attorney’s Office had questions for the Department as to
whether this was primarily a function of other City departments or outside the scope of the local
focus that the City’s administration should have. The Department felt this does fall within its core
responsibilities, pointing out that waste reduction, reuse, and recycling, as well as energy
efficiency and renewable energy all work toward reducing the use of virgin materials to protect
natural resources.
“Local food systems”: We understand the City Council has previously considered whether
programs protecting or establishing local food systems should be a municipal function, rather
than the responsibility of community groups and other regional partners. The Department
believes local food programs are a core municipal role within their responsibilities for a variety of
reasons. One notable reason is because the Department has identified many activities and
programs within City operations that already directly influence the local food environment and
access. Thus, there is potential for the Department to serve as the central coordinator of the City’s
approach to food issues and help create efficiencies across City departments. To help further this
discussion, the Department created a Food Equity Program Update for the Council to provide
information on the food equity program within the context of local government’s role in the food
economy. The City Attorney’s Office believes this is a policy decision as to whether this is a core
function of City government.
“Environmental Justice and Equity”: The City Attorney’s Office suggested adding a core function
of environmental justice and equity, to capture the Department’s work in local food systems as a
subset of the broader role the Department plays in promoting environmental justice and equity
across all areas of City functions.2 The Department agrees that such a focus area is important, but
would rather see environmental justice and equity and food systems as two distinct areas of core
functions. This is another policy discussion for the Council and Administration.
Subsection 4: The City Attorney’s Office included this prioritization structure to create a method
of guiding the Department in ranking the priority of Departmental programs when allocating
budget and committing City resources. The Department suggested that this prioritization method
could be valuable for all departments which create programs with municipal resources.
These proposed amendments to City ordinance aim to provide policy direction, clarity of purpose, and a
prescriptive list of functions to the Department of Sustainability to ensure it operates with focused intent
and maximum local impact.
ATTACHMENTS:
A. Proposed Ordinance Amending City Code Section 2.08.120
B. Legislative Draft Ordinance Amending City Code Section 2.08.120
2 Of note, environmental justice is also relevant to the City’s Title VI Plan and required for federal compliance for
certain federally funded programs.
ATTACHMENT A: ORDINANCE (CLEAN)
ATTACHMENT B: LEGISLATIVE DRAFT ORDINANCE
COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet, Policy Analyst
DATE: May 30, 2024
RE:Title 18 Text Amendment: Building Code,
Boarded Buildings Administration and
Fee Updates.
PROJECT TIMELINE:
Briefing: May 30, 2024
Set Date: May 21, 2024
Public Hearing: June 4, 2024
Potential Action: Jun 11, 2024
ISSUE AT-A-GLANCE
The Council will receive a briefing on a proposed ordinance that would amend the text of Titles 2, 5, 18 and
21A of the Salt Lake City Code, regarding Boarded Building Fees and enforcement of building code
violations. If adopted, the Code would be amended in the following ways:
This proposal increases fees associated with the boarded building program to reflect the City’s
actual cost of regulation.
Eliminate code that is duplicative or irreconcilable with state-wide adopted building codes
Creates an administrative enforcement mechanism for building code violations.
Updates existing residential housing standards based on precedent from the Housing Advisory
Appeals Board and creates one standard appeal process to a streamlined Board of Appeals and
Examiners for any violation of Title 18.
Updates portions of Title 21A related to zoning enforcement to reflect existing City Administrative
practices and increases daily fines associated with uncorrected zoning violations.
The changes were requested during previous Council conversations. In 2022, the City Council requested
that the Administration review and propose a change in boarded building fees to capture the full City cost
of both monitoring/boarding and emergency services of dangerous/boarded buildings. The majority of
these recommended changes in this petition resulted from that request.
Additionally, when the Council adopted the Housing Incentives in December of 2023, the Council officially
requested the Administration forward a transmittal that would make recommendations for code changes to
Page | 3
safeguard that construction work may not damage adjacent properties, establish a process to help remedy
situations when damage has occurred, and include penalties that will discourage damage from being done.
Changes pertaining to this request are included in Section 2 Building Code Enforcement Process, of the
information below (pages 2- 3).
Please note, the majority of the Consolidated Fee Schedule (CFS) will be discussed by the Council on June
4, 2024. If the Council is supportive of adopting both of these items, staff will prepare motions to ensure
there are not conflicts between the two ordinances.
ADDITIONAL INFORMATION
1. Boarded Building Amendments
Proposed Fee
o The City’s Finance Department conducted a cost analysis and found that each boarded
building permit costs the City $15,551 annually.
This was updated in March 2024 based on additional review by the Finance
Department. The original estimate noted in the Planning Commission staff
report was $22,537.
The cost to the City includes zoning enforcement for weeds and other
maintenance issues, public safety calls & responses (due to trespassing or
fires), permit review for boarding, and monitoring for building requirements,
etc.
o The Fee Study recommended a maximum proposed fee increase to be $14,000 due to
small claims collections requirements.
o The current renewal fee is $1,546.
o Building services is recommending potential boarding registration fee increases up to
$14,000 per year. ($14,850 for a contributing structure or landmark site)
o This fee will be listed in the Consolidated Fee Schedule. (CFS)
Program Changes
o Changing the program from an annual boarding permit to an annual registration.
A registry more accurately reflects the nature of the City’s monitoring and
regulation, since boarding does not necessarily occur every year (as a permit
suggests).
o Recording notices against the title for properties on the registry to let any interested
buyer know that (1) the property is subject to the registry with annual registration fees,
and (2) that boarding costs actually incurred by the City may be outstanding (which
fees could be a lien against the title once sent to the Salt Lake County Treasurer).
o Incorporates a standard citation and appeal process if the registration is not current,
which will be the same for any Title 18 violation (found in Chapters 18.24 and 18.12).
2. Building Code Enforcement Process (Chapters 18.12, 18.24, and 2.21, and Section
5.14.125)
Based on several factors ranging from updated state building code, process streamlining
and improvements as well as staffing needs, significant updates to this section of the City
code were needed. The proposed changes include the following:
o The Board of Appeals and Examiners has been streamlined to require only one
appeal hearing officer, along with the building official as an ex-officio member (this
building official status on the board is consistent with state-adopted building code).
Page | 4
o The Housing Advisory Appeals Board is being eliminated in favor of one appeal
body – the Board of Appeals and Examiners (which the City must have according to
state-adopted building code) – to reduce administrative burden and keep appeal
processes consistent.
o A standard appeal process for any violation of Title 18 has been added to Chapter
18.12. This process is nearly identical to an appeal of an administrative decision
made pursuant to Title 21A.
o A fines-only appeal process for any violation of Title 18 has been added to Chapter
18.12. This process is identical to the fines-only appeal process for a zoning code
violation.
The following changes address the council’s request to “safeguard that construction
work may not damage adjacent properties”
o Significant changes to Chapter 18.24 were made to describe the City’s remedies in
the event of a violation of Title 18, which will now include a civil citation and civil
fines process. This process is nearly identical to the process for citing and fining
individuals and businesses for zoning violations.
o New fines are being adopted now that a civil citation process has been created
within Title 18. General violations will be $100 per day; violation of a stop work
order will be $250 per day; housing code (Chapter 18.50) violations will be between
$50 and $200 per day depending on the severity of the violation.
o Currently Title 18 only permits enforcement by stop work order and criminal
proceedings.
o With these new standardized enforcement and appeal processes, in addition to the
criminal proceedings, the City will have a more effective tool to get properties and
construction projects into compliance.
The current cost for criminal violations of the building code is a $1,000 fine,
double permit fees, a stop work order, or a re-inspection fee of $75.00.
Implementation of the assessment of daily fines for civil violations will make the
fines high enough that they will not be ignored by the property owner or
contractor. This will give us a better enforcement tool for future construction
violations and decrease the number of violations not rectified.
1. Housing Code Updates (Chapters 18.50 and 18.96)
These proposed changes will update code references in Chapter 18.50 to conform with the Utah
adopted International Construction Codes (ICC).
They also incorporate the standard citation appeal process for Title 18 violations.
Residential rental housing owners will receive a warning notice before a citation is issued.
2. Removal of Duplicative or Overlapping Code
Since it’s been decades since Title 18 was comprehensively updated, old and outdated sections
have been removed.
3. Zoning Code Enforcement
Parts of the zoning enforcement chapter (Chapter 21A.20) are necessary to reflect Building
Services updated civil citation and fine process for Title 18.
Page | 5
o Building Services’ current citation process is now reflected, including when a notice and
order can be issued, what it needs to include, how it needs to be sent, and a recipient’s
ability to appeal the notice and order.
o Zoning violations fines are being increased from $25 to $50 per day for residential
properties and from $100 to $200 per day for commercial properties.
o A new fine amount for failing to have a certificate of appropriateness for work on the
exterior of historic district properties is proposed at $50 per day, but if the work that
was done is a full or partial demolition of a contributing or landmark structure, then the
fine would be $250 per day.
(The enforcement process and fines for work done without a certificate of
appropriateness was recently updated and approved by the Council when they
adopted the amendments related to enforcement of work done without a
Certificate of Appropriateness. The fine is $250 per day for full or partial
demolition of a contributing structure without a certificate of appropriateness
and $500 per day for full or partial demolition of a landmark site without a
certificate of appropriateness. CAN Staff will send an updated ordinance that
matches the recent changes made by the Council)
o Clarifying that citation notices can be sent by any reputable mail tracking service that
confirms delivery, as opposed to just by “certified mail” or “commercial courier service.”
POLICY QUESTIONS
1. Amendments proposed based on the Council’s request to “safeguard that construction work may
not damage adjacent properties” include creating civil citations and fine process. (section 2 above)
Do these changes address the concerns raised by the Council?
What additional remedies could be available if there is a property line dispute between
adjacent property owners? Could a provision be added that would require immediate
repairs if any damage is done?
2. The Administration had proposed a preferred fee for the boarded building registration. Page 4 of
the transmittal letter says notes Building Services is recommending potential boarding registration
fee increases in the range of $3,000, $6,000, or $14,000 per year. The table at the end of the draft
ordinance has the fee listed as $14,000. This fee will be listed in the CFS.
The Council may wish to ask the Administration what their recommended fee is.
3. In previous discussions the potential of having a different fee for residential vs. commercial
boarded/dangerous buildings was raised. The intent of the higher fee is to discourage property
owners from keeping buildings that attract nuisance issues. Staff time that goes into enforcement
for residential and commercial basically is the same.
The Council may wish to ask the administration to explain if one fee is recommended or if it
makes sense to have a different fee for commercial vs. residential.
If a building is not boarded for a full year, is there a discount or pro-rated refund of fees
paid?
4. Building Services is recommending a potential boarding registration fee of $14,850 for a
contributing structure or landmark site. $850 more than a typical building.
The Council may want to ask the Administration why the fee for a contributing structure or
landmark site has a higher proposed fee.
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1
SALT LAKE CITY ORDINANCE
No. _____ of 2024
(An ordinance amending the text of Titles 2, 5, 18 and 21A of the Salt Lake City Code to
modernize the administration, enforcement, and appeals procedures applicable to the state
construction codes)
An ordinance amending the text of Titles 2, 5, 18, and 21A of the Salt Lake City Code to
modernize the administration, enforcement, and appeals procedures applicable to the state
construction codes pursuant to Petition No. PLNPM2023-00868.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on January 24, 2024 to consider a petition by the Salt Lake City Council (“City
Council”) to amend various provisions of Titles 2, 5, 18 and 21A of the Salt Lake City Code
pursuant to Petition No. PLNPM2023-00868; and
WHEREAS, at its January 24, 2024 meeting, the Planning Commission voted in favor of
transmitting 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 1. Amending the text of Salt Lake City Code Chapter 18.04. That Chapter
18.04 of the Salt Lake City Code (Administration and Enforcement: Administration and General
Provisions) shall be, and hereby is amended as follows:
CHAPTER 18.04
ADMINISTRATION AND GENERAL PROVISIONS
18.04.010: DIVISION OF BUILDING SERVICES:
This title establishes the duties of the division of building services.
2
18.04.020: DEFINITIONS:
A. Where undefined terms are used in this title, the definitions of "Webster's
Collegiate Dictionary" shall apply.
B. All words and phrases defined in this section shall be given such defined
meanings wherever used in this title, including the following:
BUILDING OFFICIAL: Means and refers to the director of the division of building services, or
his/her designee.
DEVELOPMENT: any building activity or clearing of land as an adjunct of construction.
DEVELOPMENT ACTIVITY: shall have the same meaning as defined in Utah Code §10-9a-
103 or its successor provisions.
DIVISION: Means and refers to the division of building services of the city.
ENFORCEMENT OFFICIAL: any person employed by and authorized by the city to enforce
violations of state law or this title, including, but not limited to, building inspectors, the building
official, fire marshals, and civil enforcement officers.
NONCOMPLIANT PROPERTY: property where one or more violations of this title have
occurred or are currently occurring.
NOTICE OF NONCOMPLIANCE: a document, in any form, giving notice to interested parties
that one or more violations of city code exist on the noncompliant property.
PERSON: any individual, receiver, assignee, trustee in bankruptcy, trust, estate firm, co-
partnership, joint venture, club, company, joint stock company, business trust, limited liability
company, corporation, association, legal entity, society or other group of individuals acting as a
unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
RESPONSIBLE PARTY: means the person(s) determined by the city who is responsible for
causing, maintaining, or allowing the continuation of a violation of this title. This may include,
but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder,
contractor, business owner, or other person who individually or together with another person is
responsible for causing, maintaining, or allowing the continuation or a violation of any provision
of the code.
18.04.030: RESERVED
18.04.040: BUILDING AND CONSTRUCTION CODES ADOPTED:
The following codes, as adopted by the State of Utah, along with any adopted appendices are
hereby adopted as part of the code of Salt Lake City:
3
The International Building Code, as promulgated by Title 15A of the Utah State Code;
The International Residential Code, as promulgated by Title 15A of the Utah State Code;
The International Fire Code;
International Existing Building Code;
International Energy Conservation Code;
International Fuel Gas Code;
National Electrical Code;
The International Mechanical Code;
The International Plumbing Code;
The International Swimming Pool and Spa Code;
Rule R156-56 of the Utah Administrative Code;
ICC/MBI 1205-2021 Standard for Off-Site Construction: Inspection and Regulatory
Compliance, or its successor, and
1997 Uniform Code for the Abatement of Dangerous Buildings
18.04.050: RESERVED
18.04.060: RESOLUTION OF CONFLICTING PROVISIONS:
Wherever conflicting provisions or requirements of the codes adopted in Section 18.04.040 or
the provision of this title occur, the most restrictive provisions or requirements shall govern. In
the event a provision of this title conflicts with an is more restrictive than the codes adopted in
Utah Code Title 15A, the provisions of Title 15A shall govern.
18.04.070: LIABILITY LIMITATIONS:
Nothing in this title shall be construed to relieve or lessen the responsibility of any contractor,
owner, or any other persons involved, for apparatus, construction or equipment installed by or
for them, for damages to anyone injured or damaged either in person or property by any defect
therein, nor shall the city or any employee thereof be held to assume any liability by reason of
the inspections authorized herein, or the certificate of occupancy issued by the building official.
SECTION 2. Amending the text of Salt Lake City Code Chapter 18.08. That Chapter
18.08 of the Salt Lake City Code (Administration and Enforcement: Organization) shall be, and
hereby is amended as follows:
CHAPTER 18.08
ORGANIZATION
18.08.010: DIVISION ESTABLISHED:
4
There is established, in the department of community and neighborhoods, a subordinate division
of building services, to be under the supervision of the building official. The function of the
division shall be the implementation, administration and enforcement of the provisions of this
title.
18.08.020: POWERS AND DUTIES OF THE DIVISION:
The functions of the division of building services shall be:
A. To enforce the zoning laws of Salt Lake City;
B. To carry out, enforce and perform all duties, provisions and mandates designated,
made and set forth in the ordinances of the city concerning building, plumbing, electrical and
mechanical construction, and construction related fire suppression;
C. To examine and approve all plans and specifications before building permits shall
be issued, and to inspect or cause to be inspected all buildings and structures erected in the city;
and
D. To perform all of the functions and have all of the powers required of and
conferred on the building official by the ordinances of the city.
18.08.030: BUILDING OFFICIAL; EMPLOYMENT:
The mayor shall employ a qualified building official and such other employees of the division
that may from time to time be required to perform the functions of this title, at such
compensation and for such periods of time as the mayor may deem proper.
18.08.040: BUILDING OFFICIAL; POWERS AND DUTIES:
The building official shall maintain public office hours necessary to efficiently administer the
following duties:
A. Maintain an official register of all persons, firms or corporations lawfully entitled
to carry on or engage in the businesses regulated by this title to whom a current license has been
issued by the department of contractors of the state;
B. Issue building permits to properly licensed persons, firms or corporations for
work to be done within the scope of this title;
C. Administer and enforce the provisions of this title in a manner consistent with the
intent thereof, and inspect all work authorized by any permit, to assure compliance with
provisions of this title or amendments thereto, approving or condemning such work in whole or
in part, as conditions require;
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D. Issue a certificate of approval or certificate of occupancy for all work approved by
him/her;
E. Require correction or reject all work done or being done, or materials used or
being used which do not in all respects comply with the provisions of this title and amendments
thereto;
F. Order changes in workmanship and/or materials essential to obtain compliance
with all provisions of this title;
G. Investigate any construction or work regulated by this title and issue such notices
and/or stop work orders which are necessary to prevent or to correct dangerous or unsanitary
conditions;
H. Recommend revocation of contractor licenses to the state department of business
regulation for cause;
I. Authorize any utility to make necessary connections for power, water or gas to all
applicants for such power or water in the city, when the installation and all facets of the
construction or remodel project conform to this title
J. Verify that buildings not built on site in Salt Lake City (Factory Built Buildings)
are built, inspected, and installed in accordance with the "ICC/MBI Standard for Off-Site
Construction: Planning, Design, Fabrication and Assembly", or its successor document. In order
for the building official to allow occupancy of qualifying structures, units delivered on site must
be provided with a permanently affixed tag identifying the technical code versions, with Utah
State Amendments, under which they were built. Individuals making the inspections must be
certified and licensed building inspectors in the State of Utah; and
K. The building official may render interpretations of this title and adopt and enforce
rules and supplemental regulations pursuant to adopted state construction codes to clarify the
application of its provisions. Such interpretations, rules and regulations shall conform to the
intent and purpose of this title, and shall be made available in writing for public inspection upon
request.
18.08.050: BUILDING OFFICIAL; DELEGATION OF AUTHORITY:
The building official may delegate any of his/her powers and duties.
18.08.060: BUILDING OFFICIAL; UTILITY DISCONNECTION AUTHORITY:
The building official, or the building official's authorized representative, shall have the authority
to disconnect or order discontinuance of any utility service or energy supply to buildings,
structures or equipment therein regulated by this code, in cases of emergency or where necessary
to protect life and property. Such utility service shall be discontinued until the emergency or
threat to life or property has ceased.
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18.08.070: BUILDING OFFICIAL; LIABILITY LIMITATIONS:
The building official, appeals hearing officer, fines hearing officer, or enforcement officials,
when acting for the city in good faith and without malice in the discharge of his/her duties, shall
not thereby render himself/herself liable personally, and the same are hereby relieved from all
personal liability for any damage that may accrue to persons or property as a result of any act
required or by reason of any act or omission in the discharge of such official's duties.
18.08.080: BUILDING OFFICIAL; RIGHT OF ENTRY FOR INSPECTIONS:
The building official and any enforcement official shall have the right of entry, within reasonable
hours, to any building or premises for the purpose of inspection, or to investigate any work or
conditions governed by this title.
18.08.090: BUILDING OFFICIAL; CONFLICT OF INTEREST PROHIBITED:
The building official and his/her assistants shall not in any way engage in the sale or installation
of equipment or supplies upon which they are required to make inspection under this code.
SECTION 3. Amending the text of Salt Lake City Code Chapter 18.12. That Chapter
18.12 of the Salt Lake City Code (Administration and Enforcement: Board of Appeals and
Examiners) shall be, and hereby is amended as follows:
CHAPTER 18.12
BOARD OF APPEALS AND EXAMINERS
18.12.010: GENERAL PROVISIONS:
The provisions of chapter 2.07 of this title shall apply to the board of appeals and examiners
except as otherwise set forth in this chapter.
18.12.020: BOARD OF APPEALS CREATED; PURPOSE AND AUTHORITY:
In order to (1) hear and decide appeals of orders, decisions or determinations made by the
building official relative to the application and interpretation of this title, including any state
construction code adopted pursuant to Section 18.04.040, or (2) hear and decide appeals of
orders by enforcement officials, there shall be and is hereby created a board of appeals and
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examiners comprised of an appeals hearing officer and the building official. The building official
shall be an ex officio member of said board but shall not have a vote on any matter before the
board. The mayor may appoint more than one appeals hearing officer, but only one appeals
hearing officer shall consider and decide upon any matter before the board. The appeals hearing
officer may serve consecutive four year terms upon the advice of the mayor and consent of the
city council. The appeals hearing officer need not be a resident of Salt Lake City. The board shall
provide for reasonable interpretations of the provisions of this title and the appeals hearing
officer shall be qualified by experience and training to pass upon matters pertaining to building
construction, housing, and abatement codes and technical disciplines set forth in this title. The
board shall hear and decide appeals where it is alleged there is an error in any order, requirement,
decision or determination made by an administrative official in the enforcement of this title.
18.12.030: PROCEDURE FOR APPEALS TO THE BOARD OF APPEALS &
EXAMINERS:
Appeals of decisions by the building official or enforcement officials shall be taken in
accordance with the following procedures:
A. Form: The appeal shall be filed using an application form provided by the
building official. To be considered complete, the application must include all information
required on the application, including but not limited to identification of the order, decision or
determination being appealed, the alleged error made by stating each fact and every theory of
relief on appeal and one or more reasons the appellant claims the administrative decision is in
error. Incomplete applications will not be accepted.
B. Filing: The application must be submitted as indicated on the form by the
applicable deadline, together with all applicable fees as set forth in 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 the Utah Open and Public
Meetings Act, in accordance with the consolidated fee schedule, including costs of mailing,
preparation of mailing labels and all other costs relating to notification. All fees are due at the
time of filing the appeal. An appeal will not be considered complete until all applicable fees are
paid.
C. Parties Entitled to Appeal. An applicant, a board or officer of the city, or an
adversely affected party, as that term is defined by Utah Code 10-9a-103, or its successor, may
appeal.
D. Time for Filing an Appeal; Time for Hearing: The deadline for filing a complete
application for appeal is 10 days from the date of the decision, determination or order. Each
appeal shall be reviewed informally by the board no later than 45 days from the date of filing of
a written appeal, unless a later date is agreed to by the parties. Failure of any person to file an
appeal in accordance with the provisions of this section shall constitute a waiver of the person's
right to an appeal.
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E. Notice Required. Upon receipt of an appeal the board of appeals and examiners
shall schedule and hold a public hearing in accordance with the standards and procedures for
conducting public hearings set forth in Chapter 21A.10.
F. Standard of Review. The board shall conduct each appeal de novo. The
appellant has the burden of proving the decision appealed is incorrect. The board shall render a
decision based upon the applicable law. The board shall afford due process to the parties on
appeal. Each party may call such witnesses and present such evidence as it deems appropriate,
provided such evidence is not unduly cumulative or irrelevant as determined by the board.
Hearings shall be conducted informally. After hearing all evidence and legal arguments
presented by the parties, the board shall apply the plain language of the applicable law and
issue a written decision on the merits of all theories of relief the appellant raised in the appeal.
G. Effect of Decision. The decision of the board is a final decision of the city,
appealable to district court. No person may challenge in district court any order, decision, or
enforcement action taken pursuant to this title unless and until that person has exhausted the
administrative remedies provided by this chapter.
H. Procedures. The proceedings of each appeal hearing shall be recorded and such
recordings shall be retained for a period that is consistent with city retention policies and any
applicable retention requirements set forth in state law. The building official shall adopt
policies and procedures, consistent with the provisions of this chapter, for processing appeals,
the conduct of an appeal hearing, and for any other purpose considered necessary to properly
consider an appeal.
I. No Automatic Stay: Filing an appeal does not stay the decision appealed, unless a
provision of this title specifically states otherwise.
J. Requesting a Stay: The board may grant a request submitted by any party to the
appeal to stay a decision of the building official or enforcement official for a specified period of
time or until the board issues a decision, if the requesting party can show a stay is necessary to
prevent substantial harm to the requesting party. No request is required if a provision of this title
imposes an automatic stay upon the filing of an appeal with the board. If a stay is requested, the
board shall make reasonable efforts to determine whether a stay is appropriate within 10 days of
the appeal being deemed complete. If the board does not decide a request for a stay within 10
days of the appeal being deemed complete, the request shall be presumed denied. No stay will be
authorized for incomplete appeals or appeals filed after the appeal deadline.
18.12.040: BOARD DECISIONS:
The board of appeals shall render all decisions and findings in writing to the parties within 14
days of the hearing on the appeal.
18.12.050: APPEALS OF CIVIL FINES & ABATEMENT COSTS:
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A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
pursuant to Section 21A.06.090, may hear and decide appeals of civil fines and abatement costs
imposed pursuant to this title. As set forth in this section, the fines hearing officer may affirm
civil fines, reduce civil fines, and approve civil fine payment schedules. The fines hearing officer
may affirm or reduce an abatement statement of costs and may approve abatement cost payment
schedules.
B. Right to Appear: Any responsible party receiving a notice and order or statement
of abatement costs may appear before a fines hearing officer to appeal the amount of the civil
fine or abatement cost imposed by submitting a statement of appeal on a form provided by the
division of building services. However, in the case of civil fines, no party may appear before a
fines hearing officer until violations for which the fines have accrued have been corrected.
Appeals to a fines hearing officer contesting the amount of the civil fine imposed must be filed
within 30 days from the date of compliance. Appeals to a fines hearing officer contesting the
statement of abatement costs must be filed within 20 days from the date the statement of costs is
delivered, but the only issue on such appeal is the amount of such costs and not the city’s
determination to incur abatement costs. Failure of any person to file an appeal in accordance with
the provisions of this section shall constitute a waiver of the person's right to an appeal.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall
not relieve the responsibility of any responsible party to correct the violation or make payment of
accrued civil fines nor shall it require the city to reissue any of the notices required by this
chapter.
D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
hearing officer after the violation is corrected and if any of the following conditions exist:
1. Strict compliance with the notice and order would have caused an
imminent and irreparable injury to persons or property;
2. The violation and inability to correct the same were both caused by a force
majeure event such as war, act of nature, strike or civil disturbance;
3. A change in the actual ownership of the property was recorded with the
Salt Lake County Recorder's Office after a notice of violation was issued and the new
property owner is not related by blood, marriage or common ownership to the prior
owner; or
4. Such other mitigating circumstances as determined by the fines hearing
officer.
E. Notice Required. Upon receipt of an appeal of a statement of abatement costs the
fines hearing officer shall schedule and hold a public hearing in accordance with the standards
and procedures for conducting public hearings set forth in Chapter 21A.10.
F. Payment Schedule: At the request of a responsible party subject to civil fines or
abatement costs governed by this title, the fines hearing officer may approve a payment schedule
for the delayed or periodic payment of the applicable civil fine or abatement costs to
accommodate the person's unique circumstances or ability to pay.
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G. Failure to Comply with Payment Schedule: If a payment schedule has been
developed by the fines hearing officer, the failure by a person to submit any 2 payments as
scheduled shall cause the entire amount of the original civil fine or abatement cost to become
immediately due, less any payments actually made.
18.12.060: JUDICIAL REVIEW OF BOARD'S DECISIONS:
The city, or any person aggrieved by any decision of the board or fines hearing officer as to
abatement costs, may appeal to district court so long as the petition for such relief is filed with
the court within 30 days of the board’s or fines hearing officer’s decision.
SECTION 4. Amending the text of Salt Lake City Code Chapter 18.16. That Chapter
18.16 of the Salt Lake City Code (Administration and Enforcement: Registration and Licenses)
shall be, and hereby is amended as follows:
CHAPTER 18.16
LICENSES
18.16.010: STATE CONTRACTOR LICENSE REQUIRED:
Except as provided in Section 18.20.070, every applicant for a permit issued pursuant to this title
shall furnish evidence that such applicant is currently licensed under the provisions of the Utah
contractor's license law as it presently exists or hereafter may be amended, giving the
classification and number of the license, and shall have secured all licenses required by the
ordinances of Salt Lake City.
18.16.020: EXCAVATION BOND REQUIRED:
Any person, firm or corporation properly licensed to do business in accordance with this title
who in the course of their work has occasion to excavate in the city streets, alleys or rights of
way shall file an additional bond with the city in the amount of $10,000.00, or such larger
amount as the city engineer may require.
18.16.030: LICENSE NOT TRANSFERABLE:
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It is unlawful for any contractor to use such contractor's license or to allow his/her license to be
used in any way for the purpose of procuring a bond or permit for any person other than such
contractor.
18.16.040: SALE OF UNAPPROVED MECHANICAL EQUIPMENT PROHIBITED:
It is unlawful for any dealer or person to sell, deliver or offer for sale any mechanical equipment
or apparatus that has not been approved by a recognized listing agency.
SECTION 5. Amending the text of Salt Lake City Code Chapter 18.20. That Chapter
18.20 of the Salt Lake City Code (Administration and Enforcement: Permits and Inspections)
shall be, and hereby is amended as follows:
CHAPTER 18.20
PERMITS AND INSPECTIONS
18.20.010: WORK REQUIRING PERMIT:
No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish any building, structure or premises, or make any installation,
alteration or improvement to the electrical, fire, plumbing or mechanical system in a building,
structure or premises, or cause the same to be done, without first obtaining the prescribed permits
for each such building or structure or premises from the building official.
18.20.020: FEES:
A. Building permit fees shall be based on the total valuation of the proposed project
as shown on the Salt Lake City consolidated fee schedule.
B. Plan review fees shall be 65% of the building permit fees.
C. Fees to expedite building plan review as governed by Section 18.20.050 shall be 2
times the standard building plan review fee.
D. Penalties for not obtaining permanent certificate of occupancy will be $300.00 for
each month, after the initial 30 day temporary certificate of occupancy, which has no additional
cost associated with it; due before the first of the month and only allowed for up to 3 renewals
after the initial free 30 day period. Partial months will not be refunded.
E. Fees for renewing expired plan review after 180 days as governed by Section
18.20.110 shall be shown on the Salt Lake City consolidated fee schedule.
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F. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
each permit for fencing.
G. Other fees shall consist of electrical, mechanical and plumbing, and fire
suppression and monitoring equipment inspection fees as shown on the Salt Lake City
consolidated fee schedule.
18.20.030: APPLICATION; FORM AND FILING:
To apply for a building permit the applicant shall first file an application on a form furnished by
the building official and pay the requisite fee therefor as established in the Salt Lake City
consolidated fee schedule.
18.20.040: APPLICATION; PLANS AND OTHER DATA:
Each application for a permit shall be accompanied by all required plans, diagrams and other
data required by the building official. The building official may require the plans and other data
to be prepared and designed by an engineer or architect licensed by the state to practice as such.
18.20.050: APPLICATION; REVIEW; PERMIT ISSUANCE CONDITIONS:
A. Application Review: Except as provided in subsection B of this section, the
application plans and data filed by an applicant for a building permit shall be checked by the
building official. Said application may be reviewed by other government agencies or
departments to check compliance with the laws and ordinances under their jurisdiction. No
building permit shall be issued unless and until the plans and specifications comply with all
applicable land use regulations, including but not limited to Title 21A. The building official may
issue a permit for the construction of part of a building or structure before the entire plans and
specifications for the whole building or structure have been submitted or approved, provided
adequate information and detailed statements have been filed complying with all pertinent
requirements of this title. The holder of such permit shall proceed at his or her own risk without
assurance that the permit for the entire building or structure will be granted.
B. Expedited Plan Review: A building permit applicant may seek an expedited
building plan review, provided that the applicant pay the expedited plan review fee set forth in
Section 18.20.020 of this title. The expedited building plan review may be conducted by a
qualified third party with significant experience conducting building plan reviews, as selected
and approved by the building official. The person(s) assigned to conduct the expedited building
plan review shall provide initial comments, including corrections to be made to the building
plans, within 10 business days of the date the application was filed and all fees paid.
C. Plan Review Expiration: If a building permit applicant fails to submit corrected
building plans in accordance with the comments and requirements of the building services
division or its authorized representative within 180 days of the division transmitting such
comments and requirements to the applicant, or if the applicant fails to pay the required building
permit fee within 180 days of the division informing the applicant that its building plans are
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approved and the building permit fee is due, the plan review shall expire at the end of such
period and the review become null and void. An expired plan review may be renewed, provided
that the applicant pay the plan review renewal fee established in Section 18.20.020 of this title,
however, no plan review may be renewed after 3 years from the original submission date or if
new versions of the codes adopted pursuant to Section 18.04.040 have come into effect since the
prior plan review was conducted.
18.20.060: PERMIT; ISSUED TO LICENSED CONTRACTORS ONLY:
Except as otherwise provided by this title, no building permit shall be issued to any person other
than a duly licensed contractor licensed by the State of Utah Division of Professional Licensing
or its successor.
18.20.070: HOMEOWNER PERMITS:
Any permit required by this title may be issued to any person to do any work regulated by this
title in a single-family dwelling used exclusively for such person's living purposes, including the
usual accessory buildings and quarters in connection with such buildings, provided that any such
person is a bona fide owner of any such dwelling and accessory buildings and quarters, and that
the same are occupied or designed to be occupied by such owner, and further provided that the
owner shall furnish the building official with a complete layout drawing of the proposed work,
satisfy the building official that he or she has a working knowledge of the code requirements,
performs the work himself or herself, pays the necessary inspection fees, and calls for all
inspections required by this title.
18.20.080: PERMIT; EFFECT OF ISSUANCE:
The issuance of a permit or approval of plans or other data shall not be construed to be a permit
for or an approval of any violation of any of the provisions of this title, Title 21A, or any rights
of third parties. The issuance of a permit based upon plans and other data shall not prevent the
building official from thereafter requiring the correction of errors in said plans and data or from
stopping construction activity being carried on thereunder when in violation of this title or any
other law. The city shall have no obligation to enforce the rights of third parties or recover
damages to third parties due to the acts or omissions of permit holders.
18.20.090: START OF WORK WITHOUT PERMIT; PENALTY FEES;
EMERGENCIES:
A. Whenever any work requiring a permit under this title is commenced without a
permit first having been obtained the building official may pursue enforcement of this title
pursuant to Chapter 18.24.
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B. Fee Increase When: Whenever any construction or work for which a permit is
required by this title is started or commenced without obtaining the prescribed permit, the fees
specified in this title may be increased by the building official up to a fee of 10% of the valuation
of the proposed construction as determined by the building official, or $1,000.00, whichever is
greater, but the payment of such increased fees shall not relieve any persons from fully
complying with the requirements of this title in the execution of the work nor from any other
penalties prescribed herein.
C. Exception; Emergency Work: This section shall not apply to emergency work
when it shall be proved to the satisfaction of the building official that such work was urgently
necessary and that it was not practical to obtain a permit therefor before the commencement of
the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if
there be an unreasonable delay in obtaining a permit, a double fee, as herein provided, shall be
charged.
18.20.100: PERMIT; DENIAL CONDITIONS:
The building official may refuse to issue any permit for work governed by this title to any person
who has a permit revoked in accordance with this title, or during such time as such person fails
to comply with any provision of this title or Title 21A. No permit shall be issued to the
responsible party for a property actively subject to enforcement proceedings by the city for
violations of this title or Title 21A, except for permits required to correct the violations.
18.20.110: PERMIT; EXPIRATION AND RENEWAL:
Every permit issued by the building official under the provisions of this title shall expire by
limitation and become null and void if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit or if the building or work authorized
by such permit is suspended or abandoned at any time after the work is commenced for a period
of 180 days. Before such work can be recommenced, the permittee must request that the permit
be renewed by the building official and the fee therefor shall be 1/2 the amount required for a
new permit for such work. Such renewal may be granted if such request is made prior to the
permit expiring upon the permittee demonstrating justifiable cause for the renewal, and provided
no changes have been made or will be made in the original plans or scope of such work. Such
renewal shall be denied if such request is made after the permit has expired and (1) municipal
regulations impacting the use, size, yard, space or other requirements concerning the proposed
structure or development have changed since the permit was issued, (2) material changes have
been made or will be made in the original plans or scope of work, or (3) justifiable cause does
not exist to allow the project to be renewed. In connection with renewing a permit that pertains to
construction of a new structure or substantial exterior alteration of a site the building official may
impose reasonable conditions regarding a deadline to complete the work, posting of a bond,
erection of fences, securing methods, and similar conditions to mitigate the hazards of and limit
the nuisances of ongoing construction.
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18.20.120: PERMIT; NOT TRANSFERABLE:
Building permits are non-transferable without completion of a permit transfer document
approved by the building official. When any construction activity regulated by this title is not
completed by the permittee identified in the permit and is instead completed by any other person,
such person shall procure a permit to cover the work he or she performs.
18.20.130: PERMIT; SUSPENSION OR REVOCATION:
The building official may, in writing, suspend or revoke a permit issued under provisions of this
title whenever the permit is issued in error, or on the basis of inaccurate information supplied, or
upon a finding of a violation of any ordinance or regulation of any of the provisions of this title
or Title 21A.
18.20.140: HEARING ON DENIAL OR REVOCATION OF PERMIT:
Any person adversely affected by the action of the building official made pursuant to Section
18.20.130 may appeal pursuant to Chapter 18.12, except that an appeal of a revocation or
suspension of a building permit based upon a finding of a violation of Title 21A shall be made to
the appeals hearing officer as set forth in Chapter 21A.16.
18.20.150: INSPECTION OF WORK:
A. All construction, work and equipment for which a permit is required shall be
subject to inspections by the building official. The building official may make or require any
inspection of any construction work to ascertain compliance with the provisions of this title and
other laws which are enforced by the division.
B. No construction, work or equipment regulated by this title shall be connected to
any energy, fuel or power supply or water system or sewer system until authorized by the
building official.
C. Prior to issuance of a building permit or during construction a survey of any lot or
parcel may be required by the building official to verify compliance with approved plans.
D. The building official shall not be liable for any expense entailed in the removal or
replacement of any material required to allow an inspection.
18.20.160: APPROVALS REQUIRED FOR ONGOING CONSTRUCTION:
No work shall be done on any part of the building or structure beyond the point indicated in each
successive inspection without first obtaining the written approval of the building official. Such
written approval shall be given only after an inspection shall have been made of each successive
step in the construction as indicated by each of the inspections required by the building official.
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18.20.170: REQUESTS FOR INSPECTIONS:
The building official may require that every request for inspection be made at least one day
before such inspection is required and in such method as prescribed by the building official. It
shall be the duty of the person requesting any inspections required by this title to provide access
to and means for proper inspection of such work. Nothing in this section shall be construed to
require the building official to perform an inspection within the notice period provided herein.
18.20.180: RESERVED
18.20.190: FINAL INSPECTION AND CERTIFICATE OF OCCUPANCY:
A final inspection and building official approval are required on all buildings and structures
requiring a building permit prior to occupancy. Final inspection approval shall be issued in the
form of a certificate of occupancy. A building or structure shall not be used or occupied in whole
or in part, and a change in occupancy of a building or structure or portion thereof shall not be,
until the building official has issued a certificate of occupancy therefor. A certificate of
occupancy may, upon notice, be revoked by the building official if the building official finds that
elements of the property for which a certificate was issued have been changed or modified,
including a change in occupancy classification, without obtaining the requisite permits required
by this title.
18.20.200: REINSPECTIONS AND FEES:
A. A reinspection fee may be assessed:
1. When the approved plans are not readily available to the inspector;
2. For failure to provide access on the date for which the inspection is
required;
3. For deviating from plans requiring the approval of the building official.
B. In instances where reinspection fees have been assessed or reinspection is
necessary, no additional inspection of the work will be performed until the required fees have
been paid and the permittee calls for a reinspection. The reinspection charge shall be shown on
the Salt Lake City consolidated fee schedule and not exceed the amount shown on the Salt Lake
City consolidated fee schedule for each additional inspection required.
18.20.210: CLEANUP AND PROTECTION OF PUBLIC RIGHTS OF WAY:
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A. Each permit holder shall be responsible to see that vehicles used in the process of
carrying out the work authorized by the permit shall not track any mud, dirt or debris of any kind
upon any streets or sidewalks within the corporate limits of Salt Lake City Corporation unless a
permit has been obtained from the city engineer for use of a designated portion of the right of
way with provisions made to keep that portion of the right of way and adjacent areas cleared of
mud, dirt or debris of any kind. The permittee shall install a suitable process to clean the wheels
of the equipment prior to its leaving the job site and entering the streets of Salt Lake City
Corporation. The suitable process shall consist of:
1. A cleaning area and crew to clean mud and dirt off the wheels and exterior
body surface of the trucks, or its equivalent;
2. The cleaning area shall be arranged to furnish adequate draining to prevent
puddling; the cleaning area shall be kept mud free and may be on a macadam or concrete
slab;
3. The cleaning area shall be located on private property and arranged in
such a way that there is no blocking of vehicular or pedestrian traffic on city rights of
way except where permission has been granted by the city engineer;
4. The cleaning water or solution used for cleaning shall not be allowed to
enter the city streets, gutter, or storm drain or sanitary sewer system.
B. All trucks and equipment leaving the site with earthen materials or loose debris
shall be loaded and/or covered in such a manner as to prevent dropping of materials on city
streets and/or sidewalks.
C. Ramps constructed over curbs and gutters shall not interfere with or block the
passage of water along the gutter and shall be constructed of asphalt material that will not erode
or deteriorate under adverse weather conditions.
D. The permit holder shall install erosion and water runoff controls sufficient to
ensure that no stormwater, surface water, sediments or debris from the construction site shall
drain or wash or be tracked into any public right of way or other adjacent properties, including
curb and gutter, unless permission has been granted through the erosion control plan. These
controls shall be sufficient to cover any contingency, including, but not limited to, seasonal
storms, unseasonal storms, or methods of construction. The building official or the city engineer
may require, when in his/her discretion he/she deems necessary, an erosion control plan to be
submitted for approval. Such plan may be required any time during construction and must be
submitted within 5 days of the request. The building official or the city engineer may suspend all
work until the plan requested is approved. The permit holder will maintain all erosion control
facilities throughout the life of the construction project. He/she will monitor their effectiveness
after storms and make the necessary adjustments to ensure they function correctly.
E. The sidewalk and/or curb and gutter shall not be used for storage of debris, dirt or
excavated materials. In addition, the sidewalks shall not be removed, blocked or otherwise
rendered unusable by either the storage of construction equipment or materials or the
construction procedures used, unless a safe, usable alternate walkway along the same side of the
street is provided by the contractor unless a permit has been issued by the city engineer. All
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alternate walkways shall be ramped in accordance with handicap ramp requirements and so
constructed as to provide an all weather walking surface 4 feet wide as sound and smooth as the
normal concrete sidewalk.
F. The permit holder shall be responsible for the immediate removal of mud, dirt or
debris deposited on city streets, sidewalks and/or curb and gutters by equipment leaving the site
or by the permit holder's construction procedures.
G. If it becomes necessary for the city street crews to remove any mud, dirt, or debris
which has been deposited upon a street or sidewalk of Salt Lake City Corporation, the total cost
to the city of such removal will be charged to the property owner or permit holder, including
legal fees, if any. Payment of such charges will be made to the city prior to certification of final
inspections, utility clearances, and issuance of a certificate of occupancy.
H. The building official or the city engineer is empowered to suspend any permit
until the permit holder installs the necessary cleaning equipment and/or erosion control facilities
to ensure that no dust or debris is deposited upon the streets and sidewalks of Salt Lake City
Corporation. Such device shall operate in a manner satisfactory to the building official or the city
engineer.
18.20.220: WAIVER OR DEFERRAL OF FEES:
Nonprofit organizations may petition the city for the waiver or deferral of any or all fees required
by this title on an annual or project by project basis as provided below:
A. Petitions shall be filed with the division of housing stability.
B. Waivers shall not be granted for projects that are receiving 75% or more of their
funding directly or indirectly from state or federal agencies, except for projects that upgrade or
construct owner occupied housing or multiple dwelling units used for very low income housing
as provided by the guidelines established by the United States department of housing and urban
development.
C. Waiver requests shall be heard informally before the director of the department of
community and neighborhoods after notice of the hearing has been posted for 7 days in the office
of the city recorder.
D. The director of the department of community and neighborhoods may recommend
granting the waiver or deferral if he/she finds that the project or projects, and the sponsoring
nonprofit organization furthers the city's established low income housing goals to provide
housing for persons or families under 80% of the city's median income, as defined by the United
States department of housing and urban development, and also meets all applicable guidelines
established for any such programs by the United States department of housing and urban
development. The director may recommend that waivers may be granted for remodeling or
construction of offices for nonprofit housing corporations if he/she finds that such remodeling or
construction will save the corporation money and that such savings will be applied to a specific
housing project.
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E. The director’s recommendation will be made to the city council and considered at
a public meeting. The property owner of any project(s) for which a waiver or deferral of fees is
granted shall enter into, as applicable, (1) a restrictive covenant, in a form approved by the city
attorney, against the applicable property pertaining to the affordable housing that shall be
provided at the property, or (2) a binding agreement regarding the method in which the fee
savings shall be applied to a specific housing project.
F. Fee waivers or deferrals shall not be granted to any organization which owns,
operates, manages or is related by common ownership or management to any other such
organization which owns, operates or manages buildings for which existing notices of code
violations have not been corrected.
SECTION 6. Amending the text of Salt Lake City Code Chapter 18.24. That Chapter
18.24 of the Salt Lake City Code (Administration and Enforcement: Enforcement and Penalties)
shall be, and hereby is amended as follows:
CHAPTER 18.24
ENFORCEMENT AND PENALTIES
18.24.010: ENFORCEMENT RESPONSIBILITY AND AUTHORITY:
Unless otherwise provided by this title, the building official is authorized and responsible for
enforcement of this title. The fire marshal or designee shall be the principal enforcement
officer on post construction activity with respect to the fire codes. Whenever one or more
violations of this title exist, any enforcement official has the authority to obtain compliance
subject to the provisions of this code. Unless otherwise provided, any violation of this title
shall be subject to the enforcement processes and penalties as set forth in this chapter.
18.24.020: CRIMINAL PENALTIES:
Unless otherwise provided, it shall be a misdemeanor for any person, firm, or corporation to
violate the provisions of this title, either by failing to do those acts required or by doing an act
prohibited by this title or the codes referred to herein, or by aiding or abetting in a violation of
this title or the codes referred to herein. Each day that any violation of this title is permitted to
continue shall constitute a separate offense. The class of misdemeanor shall be as dictated by
state law.
18.24.030: CHOICE OF REMEDIES:
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A. In addition to any criminal prosecution, this title may be enforced through
administrative or civil actions. The city may pursue any legal remedy to ensure compliance
with this title including, but not limited to, injunctive relief. The city has sole discretion over
which remedy or combination of remedies it may choose to pursue.
B. If the city elects to pursue through administrative or civil actions one or more
violations of the provisions of this title, a civil penalty shall be assessed for each violation in
the amount set forth in the Salt Lake City consolidated fee schedule. Each day a violation
continues after notice of the same shall give rise to a separate civil fine.
C. The possibility of an administrative or civil remedy does not interfere with the
city’s right to prosecute violations of this title as criminal offenses. If the city chooses to file
both civil and criminal actions for the same violation, no civil penalties in the form of fines shall
be assessed, but other remedies, such as orders to correct the violations or other declaratory or
injunctive relief, is available to the city.
D. The city may use such lawful means as are available to obtain compliance with
the provisions of this title and to collect the civil fines that accrue as a result of the violation of
the provisions of this title, including but not limited to a legal action to obtain one or more of the
following: an injunction, an order of mandamus, an order requiring the property owner or
occupant or permittee to abate the violations, an order permitting the city to enter the property
and abate the violations, and a judgment in the amount of the civil fines accrued for the violation,
including costs and attorney fees, and a judgment in the amount of any actual costs incurred by
the city.
E. In addition to the other remedies provided by this title, upon the finding of a
violation of this title the building official may evacuate or close a building to occupancy when
necessary to protect the public or neighboring property from a risk to health or safety. The
building shall thereafter remain unoccupied until the appropriate certificate of occupancy has
been issued.
F. Recurring Violations: In the case where a violation, which had been corrected,
reoccurs at the same property within 6 months of the initial correction and is due the actions or
inactions of the same responsible party as the prior violation, the city may begin enforcement of
said recurring violation and impose fines after a 10 day warning period.
18.24.040: NOTICE & ORDER; STOP WORK ORDER:
A. Notice and Order.
1. Upon a determination that there is a violation of this title an enforcement
official may provide a written notice and order to any responsible party. The written
notice and order shall state:
a. The name and address, if known, of the responsible party;
b. the date and location of each violation;
c. the code sections violated;
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a. that the violations must be corrected;
b. provide a specific date by which the enforcement official orders that
the violations be corrected by;
c. the amount of the civil fine to accrue for each violation, or other
enforcement action that the enforcement official intends to pursue, if
the violation is not corrected by the date specified;
d. identification of the right to and procedure to appeal; and
e. the signature of the enforcement official.
2. The enforcement official shall serve the notice and order on the
responsible party by:
a. Posting a copy of the written notice and order on the noncompliant
property, and
b. By mailing the notice and order through certified mail or reputable
mail tracking service that is capable of confirming delivery. If the
responsible party is the property owner of record, then mailing shall be
to the last known address appearing on the records of the Salt Lake
County Recorder. If the responsible party is any other person or entity
other than the owner of record, then mailing shall be to the last known
address of the responsible party on file with the city.
c. Notwithstanding the foregoing, personal service upon the responsible
party shall be sufficient to meet the notice and order mailing
requirements of Subsection 18.24.040.A.2.b.
3. Following the issuance of a notice and order, any responsible party shall
correct the violations specified in the notice and order. Upon correction of the violations
specified in the notice and order, the responsible party shall request an inspection of the
property.
4. Following a request for an inspection as set forth in Subsection
18.24.040.A.3, an enforcement official shall conduct an inspection of the property to
determine whether the violations alleged in the notice and order have been corrected,
including, if applicable, all necessary permits have been issued and all final inspections
have been performed as required by applicable city codes.
5. If one or more violations are not corrected by the deadline specified in the
notice and order, civil fines shall accrue at the rate set forth in Subsection 18.24.030.B.
Accumulation of civil fines for violations, but not the obligation for payment of civil
fines already accrued, shall stop upon correction of the violation(s) once confirmed
through an inspection requested pursuant to Subsection 18.24.040.A.3.
6. The responsible party shall have the right to contest the notice and order at
an administrative hearing in accordance with Chapter 18.12. Failure to timely request an
administrative hearing and pay the administrative hearing fee set forth in the Salt Lake
City consolidated fee schedule shall constitute a waiver of the right to a hearing and a
waiver of the right to appeal.
B. Stop Work Order. Upon a determination that there is a violation of this title an
enforcement official may issue a stop work order prior to issuance of a notice and order. If, after
issuance of a notice and order pursuant to subsection A, the violations cited remain uncorrected
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after the correction period set forth in the notice and order, then a daily civil fine in the amount
set forth in the Salt Lake City consolidated fee schedule shall be imposed.
18.24.050: NOTICE OF NONCOMPLIANCE; ABATEMENT LIEN:
A. Upon expiration of the correction period set forth in a notice and order or stop
work order, and where the violation(s) remain uncorrected, the city may record on the
noncompliant property with the Salt Lake County Recorder’s Office a notice of noncompliance.
B. The recordation of a notice of noncompliance shall not be deemed an
encumbrance on the noncompliant property but shall merely place interested parties on notice of
any continuing violation of this title at the noncompliant property.
C. If a notice of noncompliance has been recorded pursuant to Section A and the
enforcement official determines that all violations have been corrected, the enforcement official
shall issue a notice of compliance by recording the notice of compliance on the property with the
Salt Lake County Recorder’s Office. Recordation of the notice of compliance shall have the
effect of canceling the recorded notice of noncompliance.
D. If the city files an action for injunctive relief seeking abatement of one or more
violations and the district court authorizes the abatement of one or more violations and the city
incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
and may be considered an encumbrance on the property.
SECTION 7. Amending the text of Salt Lake City Code Chapter 18.28. That Chapter
18.28 of the Salt Lake City Code (Technical Building Specifications: Site Development
Regulations) shall be, and hereby is amended as follows:
CHAPTER 18.28
SITE DEVELOPMENT REGULATIONS
18.28.010: GENERAL PROVISIONS:
A. Authority: This chapter is enacted pursuant to title 10 of the Utah Code as
amended. This chapter is further enacted as an element of the Salt Lake City master plan.
B. Applicability: The provisions of this chapter shall apply to all site development
within Salt Lake City.
C. Purpose: This chapter is adopted: to promote public safety and the general public
welfare; to protect property against loss from erosion, earth movement, earthquake hazard, and
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flooding; to maintain a superior community environment; to provide for the continued orderly
growth of the city to ensure maximum preservation of the natural scenic character of major
portions of the city by establishing minimum standards and requirements relating to land
grading, excavations, and fills; and to establish procedures by which these standards and
requirements may be enforced. It is intended that this chapter be administered with the foregoing
purposes in mind and specifically to:
1. Ensure that the development of each site occurs in a manner harmonious
with adjacent lands so as to minimize problems of drainage, erosion, earth movement,
and similar hazards;
2. Ensure that public lands and places, watercourses, streets, and all other
lands in the city are protected from erosion, earth movement, and drainage hazards;
3. Ensure that the planning, design, and construction of all development will
be done in a manner which provides maximum safety and human enjoyment, and, except
where specifically intended otherwise, makes it as unobtrusive in the natural terrain as
possible;
4. Ensure, insofar as practicable, the retention of natural vegetation to aid in
protection against erosion, earth movement, and other hazards and to aid in preservation
of the natural scenic qualities of the city; and
5. Ensure, insofar as Salt Lake City is located in an active seismic zone, that
appropriate earthquake hazard mitigation measures are incorporated into the planning and
execution of site development.
D. Identification of Fault Hazards: Pending the completion by the Utah geological
survey (UGS) of a fault hazard map for Salt Lake City, the planning director may rely upon the
existing information available from UGS or other publicly or privately prepared geological
reports to identify fault hazards.
18.28.020: DEFINITIONS:
A. Definition Of Terms: For the purposes of this chapter, certain terms used herein
are defined as set forth below:
AS GRADED: The surface conditions existent upon completion of grading.
BEDROCK: In place, solid, rock.
BENCH: A relatively level step excavated into earth material on which fill is to be placed.
BORROW: Earth material acquired from an off site location for use in grading a site.
BUILDING PERMIT: A permit issued by Salt Lake City for the construction, erection, or
alteration of a structure or building.
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CERTIFY OR CERTIFICATION: Means that the specific reports, inspections, and tests that are
required have been performed by the person or under their supervision, and that the results of
such reports, inspections, and tests comply with the applicable requirements of this chapter.
CITY ENGINEER: The city engineer of Salt Lake City.
CIVIL ENGINEER: A professional engineer registered in the state of Utah to practice in the
field of civil works.
CIVIL ENGINEERING: The application of the knowledge to the forces of nature, principals of
mechanics, and the properties of materials to the evaluation, design, and construction of civil
works for the beneficial uses of mankind.
COMPACTION: The densification of fill by mechanical means.
CUBIC YARDS: The volume of material in an excavation and/or fill.
CUL-DE-SAC: A street closed at one end.
CUT: See definition of Excavation.
DRIVEWAY: A way or route for use by vehicle traffic leading from a parking area or from a
house, garage, or other structure, to a road or street.
EARTH MATERIAL: Any rock, natural soil, or any combination thereof.
ENGINEERING GEOLOGIST: A graduate in geology or engineering geology of an accredited
university, with 5 or more full years of professional postgraduate experience in the application of
the geological sciences, of which 3 full years shall be in the field of engineering geology that has
required the application of geological data, techniques, and principles to engineering problems
dealing with groundwater, naturally occurring rock and soil, and geologic hazards for the
purpose of assuring that geological factors are recognized and adequately interpreted and
presented.
EROSION: The wearing away of the ground surface as a result of the movement of wind, water,
and/or ice.
EXCAVATION: Any act by which vegetation, earth, sand, gravel, rock, or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and
shall include the conditions resulting therefrom.
EXISTING GRADE: The actual elevation (in relation to mean sea level) of the ground surface
before excavation or filling.
FILL: Any earth, sand, gravel, rock, or any other material which is deposited, placed, replaced,
pushed, dumped, pulled, transported, or moved by man to a new location and shall include the
conditions resulting therefrom.
FILL MATERIAL: Earth material free from rock or similar irreducible material exceeding 12
inches in diameter, metal, and organic material except that topsoil spread on cut and fill surfaces
may incorporate humus for desirable moisture retention properties.
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GRADING: Excavation or fill or any combination thereof that alters the elevation of the terrain
and shall include the conditions resulting from any excavation or fill.
LICENSED ARCHITECT: An architect who is registered with the division of occupational and
professional licensing of the state of Utah.
NATURAL DRAINAGE: Water which flows by gravity in channels formed by the surface
topography of the earth prior to changes made by the efforts of man.
ONE STREET ACCESS: A street that provides the sole access to one or more other streets.
PARCEL: All contiguous land in one ownership, provided, however, each lot conforming to the
zoning ordinances of Salt Lake City in a subdivision may be considered to be a separate parcel.
PERCENT OF SLOPE: The slope of a designated area of land determined by dividing the
horizontal run of the slope into the vertical rise of the same slope, measured between contour
lines on the referenced contour map and converting the resulting figure into a percentage value.
This calculation is described by the following formula:
S = V/H
Where
"S" is the percent of slope;
"V" is the vertical distance; and
"H" is the horizontal distance.
PERMITTEE: Any person to which a site development permit has been issued.
PLANNING DIRECTOR: The planning director of Salt Lake City.
QUARRY: An open excavation for the extraction of resources.
REGISTERED PROFESSIONAL ENGINEER: A civil engineer who is registered with the
division of occupational and professional licensing of the state of Utah.
REMOVAL: Killing vegetation by spraying, complete extraction, or excavation, or cutting
vegetation to the ground, trunks, or stumps.
SEISMIC: Characteristic of, or produced by, earthquakes or earth vibration.
SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is
performed as a single unified operation.
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SITE DEVELOPMENT: Grading and underground utility installation in preparation for an
approved, pending development or use for the subject site.
SLOPE CLASSIFICATION MAP: A map prepared as a colored exhibit by a registered
professional engineer or land surveyor based upon a contour map of the specified scale and
contour interval, upon which the measured and calculated percent of slope (measured between
every contour interval on the map) is classified or grouped into percentage of slope data in 10%
slope groupings as follows:
Slope Classification Percent Of Slope Mapped Color
Level 0 - 9.9%Uncolored
Slight 10 - 19.9%Yellow
Moderate 20 - 29.9%Orange
Severe 30% and greater Red
SOILS ENGINEER: A registered civil engineer of the state of Utah, specializing in soil
mechanics and foundation engineering, familiar with the application of principles of soil
mechanics in the investigation and analysis of the engineering properties of earth materials.
SURCHARGE: The temporary placement of fill material on a site in order to compress or
compact the natural soil mass.
TESTING LABORATORY: A testing laboratory that requires supervisory personnel to be
professional engineers registered with the division of occupational and professional licensing of
the state of Utah.
VACANT: Land on which there are no structures or only structures which are secondary to the
use or maintenance of the land itself.
18.28.030: RESERVED
18.28.040: LAND DEVELOPMENT REQUIREMENTS:
A. General Application: No person or party shall cause any excavation or grading to
be done in excess of the limits set forth below without first having obtained a site development
permit.
1. Work Requiring Separate Approval/Permit: A site development permit
shall be required in all cases where development comes under any one or more of the
following provisions:
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a. Excavation, fill, or any combination thereof exceeding 1,000 cubic
yards;
b. Excavation, fill, or any combination thereof exceeding 5 feet in
vertical depth at its deepest point measured from the adjacent, undisturbed,
ground surface;
c. Excavation, fill, or any combination thereof exceeding an area of a
1/2 acre;
d. Excavation, fill, or any combination thereof of 10% or more of a
building site including the excavation for foundations and footings;
e. Removal of vegetation from an area in excess of a 1/2 acre for
purposes other than agricultural;
f. Engineered interior fills or surcharges.
g. Commercial quarries or mining activities operating in permitted
zoning districts as provided in Title 21A.
2. Work Not Requiring Separate Approval/Permit: A separate site
development permit shall not be required in the following cases:
a. Excavation below finished grade for basements and footings of
buildings or other structures authorized by a valid building permit. This shall not
exempt any fill made with material from such excavation, or exempt any
excavation having an unsupported height greater than 5 feet after the completion
of such structure.
b. Removal of vegetation as part of work authorized by a valid
building permit.
B. Permits Required: Except as exempted in Subsection A of this section, a separate
approval or permit shall be required for each site, and may cover both excavation and fill.
1. Application: To obtain a permit the applicant shall first file an application
therefor in writing on a form furnished by the building department for that purpose.
Every such application shall:
a. Identify and describe the work to be covered by the permit for
which application is made;
b. Describe the land on which the proposed work is to be done by
legal description, street address, or similar description that will readily identify
and definitely locate the proposed work and identify lots of any platted
subdivision included within the proposed building site;
c. Indicate the use or occupancy for which the proposed work is
intended;
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d. Be accompanied by plans, diagrams, computations, and
specifications and other data as required;
e. Be signed by property owner or permittee, or his authorized agent,
who may be required to submit evidence to indicate such authority;
f. Show the location of existing and proposed buildings or structures
on the applicant's property, and the location of buildings or structures on adjacent
properties which are within 15 feet of the applicant's property, or which may be
affected by the proposed site development activities;
g. Show the location of property lines and all existing and proposed
streets, roadways, driveways, easements, and rights of way on, contiguous, or
adjacent to the proposed development site;
h. Show the present contours of the site in dashed lines and the
proposed contours in solid lines. Contour intervals shall be not greater than 2 feet
where slopes are predominately 5% or less, and 5 feet where slopes are
predominately steeper than 5%. The source of all topographical information shall
be indicated;
i. Show the location of all drainage to, from, and across the site, the
location of intermittent and permanent streams, springs, culverts, and other
drainage structures, and size and location of any precipitation catchment areas in,
above, or within 100 feet of the site;
j. Include detailed plans and location of all surface and subsurface
drainage devices, walls, dams, sediment basins, storage reservoirs, and other
protective devices to be constructed with, or as a part of, the proposed work,
together with a map showing drainage areas, and the complete drainage network
including outfall lines and natural drainageways which may be affected by the
proposed project. Include the estimated runoff of the areas served by the proposed
drainage system;
k. Present a plan showing temporary erosion control measures to
prevent erosion during the course of construction;
l. All grading in excess of 5,000 cubic yards shall require
professional engineering and shall be designated as "engineered grading". Any
application including engineered grading shall contain a grading plan prepared by
a registered professional engineer or licensed architect;
m. Include a revegetation plan including:
(1) A survey of existing trees, shrubs, and ground covers,
(2) A plan for the proposed revegetation of the site detailing
existing vegetation to be preserved, new vegetation to be planned and any
modification to existing vegetation, and
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(3) A plan for the preservation of existing vegetation during
construction activity;
n. Make a statement of the estimated starting and completion dates
for the grading work proposed and any revegetation work that may be required;
o. Identify the type of surcharging fill material to be used on the
building site;
p. Estimate the amount of time surcharging fill material will be in
place, and show consideration by a soils engineer of the potential for vertical and
lateral soil movements on properties adjacent to the surcharge;
q. Submit a copy of the recorded subdivision plat showing
developable area limitations, if applicable;
r. Describe the method to be employed in disposing of soil and other
material that is removed from the site, including the location of the disposal site;
s. Describe the method to be used in obtaining fill to be used on the
site and the site of acquisition of such fill;
t. Include an engineering geology report described in Section
18.28.040.C.2 if the proposed development lies within 500 feet of an identified
fault. Said report may be submitted for review to the Utah geological survey by
the building official.
u. Applications related to commercial quarriers shall contain an
acceptable plan for the eventual rehabilitation and use of the quarry site after the
resources have been removed. Such a plan, at a scale of not less than one inch
equals 100 feet with contour intervals not greater than 5 feet, shall be compatible
with its surroundings and in general agreement with the city’s master plan. The
plan shall show the proposed treatment of any stream channel adjacent to the
resource deposits during extraction operations. Limits of excavation shall be
determined to protect any natural or improved channel and any nearby wooded
areas considered vital to the function of the rehabilitated area. Included the
estimated time period during which quarrying and land rehabilitation operations
will be conducted.
v. Such other information as may be required by the building official
or city engineer such as slope classification map and analysis, profiles or cross
sections, additional drainage calculations, soils data including a report from a
registered soils engineer or other qualified person.
C. Soil Engineering Report or Engineering Geology Required:
1. Soil Engineering Report: The soil engineering report required shall
include data regarding the nature, distribution, and strength of existing soils, conclusions
and recommendations for grading procedures, design criteria for corrective measures
30
when necessary, and opinions and recommendations addressing the adequacy of the site
under the proposed grading plan to support the proposed development.
2. Engineering Geology Report: The engineering geology report required
shall include an adequate description of the geology of the site, conclusions and
recommendations regarding the effect of geologic conditions on the proposed
development, and opinions and recommendations addressing the adequacy of the site
under the proposed grading plan to support the proposed development. This requirement
may be waived by written recommendation of the building official if it is deemed
unwarranted.
D. Issuance: The application, plans, specifications, and other data submitted by an
applicant for permit shall be reviewed by the building official. Such plans may be reviewed by
other departments or agencies to verify compliance with any applicable laws under their
jurisdiction. If the building official finds that the work described in an application for a permit
and the plans, specifications, and other data filed therewith conform to the requirements of this
title and other pertinent laws and ordinances, and that the fees specified have been paid, he shall
issue a permit therefor to the property owner or his authorized agent. When the building official
issues the permit where plans are required, he shall endorse in writing or stamp the plans and
specifications "APPROVED". Such approved plans and specifications shall not be changed,
modified, or altered without authorization from the building official, and all work shall be done
in accordance with the approved plans. The building official may require that the site
development activities and project designs or specifications be modified if delays occur which
may create weather generated problems not considered at the time the permit was issued.
E. Fees: City fees associated with reviewing and processing site development
permits shall be those listed on the Salt Lake City consolidated fee schedule.
F. Grading and Erosion Control Standards and Regulations: All site development
work shall be accomplished in conformance to the following grading and erosion control design
standards and regulations:
1. Hours of Operation: All grading operations within 660 feet of residential
land uses shall be carried on between the hours of 7:00 A.M. and 5:30 P.M. The building
official may waive this requirement if it is shown that by restricting the hours of
operation it would unduly interfere with the development of the property and it is shown
that the neighboring properties would not be adversely affected.
2. Dust and Dirt Control: All graded surfaces of any nature shall be
dampened or suitably contained to prevent dust or spillage on city streets or adjacent
properties. Equipment, materials, and roadways on the site shall be used or treated so as
to cause the least possible annoyance due to dirt, mud, or dust conditions.
3. Undevelopable Slopes: Any (1) slope identified on a subdivision plat as
undevelopable, (2) slope that has been altered without permits or prior approval to 30%
or greater, or (3) natural slopes of 30% or greater (as measured pursuant to a “ten-foot
averaging” method as defined in Section 20.50.020), shall be designated undevelopable
area. In no event shall streets traverse such slopes.
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4. Finished Cuts and Slopes: Limitations shall be applied to the extent of cut
and fill slopes to minimize the amount of excavated surface or ground area exposed to
potential erosion and settlement.
a. The exposed or finished cuts or slopes of any fill or excavation
shall be smoothly graded.
b. All cut and fill slopes shall be recontoured and revegetated by the
permittee in accordance with an approved plan.
c. Cut or fill slopes shall normally be limited to 15 feet in vertical
height. However, upon review and favorable recommendation of the city engineer
and public utilities director the building official may approve cut and fill slopes
exceeding 15 feet provided that such variations be allowed on a limited basis after
thorough review of each request and only when balanced by offsetting
improvements to the overall aesthetic, environmental, and engineering quality of
the development.
d. No excavation creating a cut face and no fill creating an exposed
surface shall have a slope ratio exceeding one and one- half horizontal to one
vertical (11/2:1).
e. Exceptions:
(1) No slopes shall cut steeper than the bedding plane, fracture,
fault, or joint in any formation where the cut slope will lie on the dip of
the strike line of the bedding plane, fracture, fault, or joint.
(2) No slopes shall be cut in an existing landslide, mudflow, or
other form of naturally unstable slope except as recommended by a
qualified geological engineer.
(3) Where the formation is exposed above the top of the cut
which will permit the entry of water along bedding planes, this area shall
be sealed with a compacted soil blanket having a minimum thickness of 2
feet. The soil for this blanket shall be relatively impervious and shall be
approved by the soils engineer or engineering geologist.
f. If the material of a slope is of such composition and character as to
be unstable under the anticipated maximum moisture content, the slope angle
shall be reduced to a stable value or retained by a method approved by the city
engineer and certified as to its stability by a soils engineer or geologist. Said
retaining method shall include design provisions which are:
(1) Conducive to revegetation for soil stability and visual
impact;
(2) Used for selected areas of the site and not as a general
application; and
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(3) Limited to tiers each of which is no higher than 6 feet,
separated by plantable terraces a minimum of 2 feet in width;
g. Any retaining system shall remain and be maintained on the lots
until plans for construction are approved and a building permit is issued. The
plans shall include provisions to integrate driveway access to the lot while
maintaining the structural integrity of the retaining system.
h. The building official may require the slope of a cut or fill to be
made more level if at any time it is found that the material being, or the fill, is
unusually subject to erosion, static or dynamic instability, or if other conditions
make such requirements necessary for stability.
i. Driveways leaving public rights of way shall not exceed a
maximum change in grade angle of 6% transition over an 11 foot run. The slope
should be transitioned beyond property line no more than an average 16% grade.
Parking structures may allow a maximum change in grade angle of 10% with a
minimum 10 foot run. Maximum sight distance should be encouraged with blind
entrances or other sight obstructions complying with the Sight Distance Triangle
Requirements as defined and illustrated in Chapter 21A.62.
5. Abatement of Hazardous Conditions:
a. If, at any stage of grading, the building official or city engineer
determines by inspection that the nature of the formation is such that further work
as authorized by an existing permit is likely to imperil any property, public way,
watercourse, or drainage structure, the building official or city engineer shall
require, as condition to allowing the work to proceed, that reasonable safety
precautions be taken as are considered advisable to avoid likelihood of such peril.
Such precautions may include, but shall not be limited to, any of the following:
(1) Specification of a more level exposed slope;
(2) Construction of additional drainage facilities, berms, or
terraces;
(3) Compaction or cribbing;
(4) Installation of plants for erosion control; and/or
(5) Reports from a registered soils engineer and/or engineering
geologist whose recommendations may be made requirements for further
work.
Such requirements by the building official or city engineer shall constitute a
required change order in the work to be performed under permit. Said changes
may be required to be reflected in amended plans.
b. Where it appears that damage from storm drainage may result from
work performed hereunder, such work may be stopped and the permittee required
to take such measures as may be necessary to protect adjoining property or the
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public safety. On large operations, or where unusual site conditions exist, the
building official or city engineer may specify the time at which grading may
proceed and the time of completion or may require that the operation be
conducted in specific stages so as to ensure completion of protective measures or
devices prior to the advent of seasonal rains.
6. Fill Material and Compaction:
a. Fill Material: All fill shall be earth, rock, or inert material free
from organic material and free of metal, except that topsoil spread on cut and fill
surfaces may incorporate humus for desirable moisture retention properties. Fill
not meeting the definition above shall be placed only in an approved public or
private landfill or other approved deposit site.
b. Backfillings: Any pipe trench or trenching, or excavation made in
any slope of any excavated or filled site, shall be backfilled and compacted to the
level of the surrounding grade.
c. Compaction of Fills: Unless otherwise directed by the building
official, all fills governed by this title, intended to support building, structures, or
where otherwise required to be compacted for stability, shall be compacted,
inspected, and tested in accordance with the following provisions:
(1) The natural ground surface shall be prepared by removal of
topsoil and vegetation, and, if necessary, shall be graded to a series of
terraces. If fill material unacceptable under subsection F6a of this section
is placed on the site, or the fill is not placed according to procedures of
this title, then it must be removed.
(2) The fill shall be spread and compacted in accordance with
the city engineer's approved standards.
(3) The moisture content of the fill material shall be controlled
at the time of spreading and compaction to obtain required maximum
density.
(4) A written report of the completed compaction, showing
location and depth of test holes, materials used, moisture conditions,
recommended soil bearing pressures, and relative density obtained from
all tests, prepared by a civil engineer or soils engineer licensed by the state
of Utah, or testing laboratory shall be submitted to the building official,
who shall rely on the expertise of the city engineer for review.
(5) The building official or city engineer may require
additional tests or information if, in his opinion, the conditions or
materials are such that additional information is necessary, and may
modify or delete any of the above listed requirements that, in his opinion,
are unnecessary to further the purpose of this title.
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7. Surcharging: Surcharges shall consist of earth material and shall be
applied in such a manner as to have no effect on soil stability on adjacent or neighboring
properties.
G. Erosion Control and Revegetation: All cut and fill surfaces created by grading
shall be planted with a ground cover that is a drought resistant variety. Topsoils are to be
stockpiled during rough grading and used on cut and fill slopes. Cuts and fills along public roads
are required to be landscaped according to a revegetation plan approved by the city. All plant
selections must be approved by the parks department and building official prior to approval.
H. Drainage:
1. Adequate provisions shall be made to prevent any surface waters from
damaging the cut face of an excavation or any portion of a fill. All drainage ways and
structures shall carry surface waters, without producing erosion, to the nearest practical
street, storm drain, or natural watercourse as approved by the city engineer. The city
engineer may also require drainage structures to be constructed, or installed as necessary
to prevent erosion damage or to prevent saturation of the fill or material behind cut
slopes.
2. An excess stormwater passage shall be provided for all stormwater storage
areas. Such passage shall have capacity to convey through the proposed development the
excess stormwater from the tributary watershed. The capacity of such excess stormwater
passages shall be constructed in such a manner as to transport the peak rate of runoff
from a 100-year return frequency storm assuming all storm sewers are inoperative, all
upstream areas are fully developed in accordance with the city's current land use plan,
and that antecedent rainfall has saturated the tributary watershed.
3. No buildings or structures shall be constructed within such passage,
however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility
easements, and other open space uses shall be considered compatible uses. In the event
such passageway is reshaped or its capacity to transport excess stormwater is otherwise
restricted during or after construction, the building official or city engineer shall notify
the agency, party, or parties causing said restriction to remove the same and set a
reasonable time for its removal. If said parties refuse to, or are unable to, comply with
said order, the building official or city engineer shall cause said restrictions to be
removed at the expense of said parties. Where a proposed development contains existing
natural drainage, appropriate planning measures shall be undertaken or required to
preserve and maintain said natural drainage as part of the excess stormwater passage.
4. Notwithstanding any other provisions of this title, whenever, in the
judgment of the building official or city engineer, a condition occurs in a stormwater
storage area or passageway that creates a dangerous and imminent health and safety
hazard, the building official or city engineer shall order such action as shall be effective
immediately or in the time manner prescribed in the order itself.
I. Setbacks: The setback and other restrictions specified in this section are minimum
and may be increased by the building official or by the recommendation of a civil engineer, soils
engineer, or engineering geologist, if necessary for safety and stability, to prevent damage of
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adjacent properties from deposition or erosion, or to provide access for slope maintenance and
drainage. Setbacks deal with distance from property lines, structures, or faults, and must satisfy
the requirements of subsections I1 through I3 of this section. Retaining walls may be used to
reduce the required setbacks when approved by the building official.
1. Setbacks from Property Lines: The toes and tops of cut and fill slopes
where no structures are located shall be set back from the outer boundaries of a "permit
area" (PA = lot area excluding any undevelopable areas) including yard setbacks, slope-
right areas, and easements, in accordance with the table and figure 2 of this section.
SETBACKS FROM PERMIT AREA BOUNDARY
a =Setback distance at toe
b =Setback at top
H =Height from toe to top of cut/fill slope
H a b1
Less than 5'0 1'
5' to 30'H/2 H/5
Over 30'15'6'
Note:
1. Additional width may be required for interceptor drain.
FIGURE 2
2. Setback from Structures: Setback from cut or fill slopes and structures
shall be provided in accordance with figure 3 of this section.
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FIGURE 3
3. Setbacks from Faults: No structure shall be located over a fault. Determinations of
the appropriate setback distance from the fault shall be made based on recommendations
contained in the geological report required by subsection C of this section.
J. Site Development Inspections:
1. Special Inspections: All site development activities for which a permit or
approval is required shall be subject to inspection by the building official. Special
inspections of grading operations and special testing shall be performed to ensure
conformity with approved plans and specifications. The following special inspections and
testing are required:
a. Fills:
(1) The site is to be inspected prior to placement of fill
material.
(2) The fill material is to be inspected prior to placement on the
site.
(3) Final compaction of fill is to be tested.
(4) The final grade is to be inspected.
(5) Revegetation will be inspected during planting, upon
planting completion, and again prior to bond release where applicable.
b. Cuts:
(1) The site is to be inspected prior to cutting or removing
material.
(2) The grade is to be inspected after cutting.
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(3) Revegetation will be inspected during planting, upon
planting completion, and again prior to bond release where applicable.
2. Inspection Schedule and Enforcement: At the time the site development
permit or approval is issued, the building official shall establish the stage of development
at which required inspections shall be made. In order to obtain inspections, the permittee
shall notify the city of readiness at least 24 hours before said inspection is to be made.
Where it is found by inspection that conditions are not substantially as stated or shown on
the approved plans, the building official or his inspectors may stop further work until
approval is obtained for amended plans.
K. Completion of Work:
1. Final Reports: Upon completion of the rough grading work and again at
the final completion of the work, reports, drawings, and supplements thereto will be
required as follows:
a. An "as graded" grading plan, prepared by a civil engineer,
including original ground surface elevations, lot drainage patterns, and locations
and elevations of all surface and subsurface drainage facilities. The engineer shall
verify that the work was done in accordance with the final approved site
development plan.
b. A soil grading report, prepared by a soils engineer, including
location and elevations of field density tests, summaries of field and laboratory
tests and other substantiating data, and comments on any changes made during
grading and their effect on the recommendations made in the soil engineering
investigation report. The soils engineer shall verify the adequacy of the site for the
intended use.
c. A geologic grading report, prepared by an engineering geologist,
including a final description of the geology of the site including any new
information disclosed during the grading and the effect of the same on
recommendations incorporated in the approved site development plan. The
engineering geologist shall verify the adequacy of the site for the intended use as
affected by geologic factors. This requirement may be modified or waived in
writing by the building official if circumstances warrant.
2. Notification of Completion: The permittee, or his authorized agent, shall
notify the building official when the grading operation is ready for final inspection. Final
approval shall not be given until all work, including installation of all drainage facilities
and their protective devices and all erosion control measures including revegetation, have
been completed in accordance with the final approved site development plan and the
required reports have been submitted.
18.28.050: RESERVED
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18.28.060: INTERPRETATION, PERMIT PROCEDURE, APPEALS, GROUNDS FOR
DENIAL, AND ENFORCEMENT ACTIONS:
A. Interpretation; Conflicts:
1. Minimum Requirements: In their interpretation and application, provisions
of this chapter shall be held to be minimum requirements, except where expressly stated
to be maximum requirements. No intent is made to impair, or interfere with, any private
restrictions placed upon any property by covenant or deed; provided, however, that where
this chapter imposes higher standards or greater restrictions the provisions of this chapter
shall govern.
2. Application of Most Restrictive Standard: Whenever any provision of this
chapter or any other provision of law, whether set forth in this chapter or in any other
law, ordinance, or resolution of any kind, imposes overlapping or contradictory
regulations over the development of land, the most restrictive standards or requirements
shall govern.
B. Retention of Plans: Plans, specifications, and reports for all site development
submitted to Salt Lake City for approval shall be retained by Salt Lake City.
C. Expiration, Renewals, and Extensions of Permit: Every site development permit
or approval shall expire by limitation and become null and void if the work authorized by such
permit or approvals has not been commenced within 180 days, or if the work is suspended or
abandoned for a period of 180 days at any time after the work is commenced. Before such work
can recommence, the permit shall first be renewed by the building official and the renewal fee
shall be 1/2 the amount required for a new permit for such work, provided no changes have been
made or will be made in the original plans or scope of such work, otherwise a full fee may be
required as determined by the building official. Any modifications to the original approved work
that is related to a development for which the Salt Lake City planning commission granted
approval, may require subsequent review and decision by the planning commission as
determined by the planning director.
D. Appeals:
1. Filing: Any applicant aggrieved by a determination of any administrative official
in relation to this chapter may appeal such determination to the board of appeals and examiners
pursuant to Chapter 18.12.
2. Effect of Administrative Appeal: In the event of an appeal pursuant to the
provisions above, the effect of such filing shall act to stay any and all further action and work
pending the determination of the matter on appeal.
E. General Grounds for Denial: Factors, in addition to deviation from provisions of
this chapter, which may be grounds for denial of a site development permit or approval shall
include, but not be limited to:
1. Possible or potential saturation of fill and/or unsupported cuts by water
(both natural and/or domestic);
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2. Runoff surface waters that produce unreasonable erosion and/or silting of
drainageways;
3. Subsurface conditions (such as rock strata and faults, soil or rock
materials, types of formations, etc.) which when disturbed by the proposed site
development activity, may create earth movement and/or produce slopes that cannot be
landscaped;
4. Result in excessive and unnecessary scarring of the natural landscape
through grading or removal of vegetation.
F. Prohibited Activities:
1. Removal of Topsoil: It shall be unlawful to remove topsoil for purposes of
resale when unrelated to a bona fide purpose of site development contemplated under this
chapter. The provisions of this chapter shall not be construed as permitting the removal of
topsoil solely for resale.
2. Nuisance: It shall be unlawful to create or maintain a condition which
creates a public or private nuisance. After notice by the city, owners shall be strictly
responsible to take any necessary action to correct or abate such nuisance. Further, this
chapter shall not be construed to authorize any person or owner to create or maintain a
private or public nuisance upon real property and compliance with the provisions of this
chapter shall not be a defense in any action to abate such nuisance.
G. Permit or Approval Revocation: In the event the building official or city engineer
revokes a site development permit any aggrieved party may appeal such decision pursuant to
Chapter 18.12.
H. Property Owner Responsibility: Property owners are responsible to maintain their
property in a safe, nonhazardous, condition and to otherwise comply with the provisions of this
chapter and other applicable ordinances. Failure of city officials to observe or to recognize
hazardous or unsightly conditions, or to recommend denial of the site development permit, shall
not relieve the permittee, or property owner, from responsibility for the condition or damages
resulting therefrom. Nor shall such action result in the city, its officers, or agents, becoming
responsible or liable for conditions and damages resulting therefrom.
I. Obstruction Prohibited: It shall be unlawful for any person to willfully or
carelessly obstruct or injure any public right of way by causing or permitting earth or rock to
slump, slough, or erode off private property onto the public right of way.
J. Flooding: It shall be unlawful for any person to willfully or carelessly obstruct or
injure any public right of way by causing or permitting flow or seepage of water, or by willfully
or carelessly causing or permitting water under his/her control, possession, or supervision to
escape in any manner so as to injure any street or public improvement.
K. Violation And Penalties: It shall be unlawful for any person to construct, enlarge,
alter, repair, or maintain any grading, excavation or fill or cause the same to be done, contrary to
or in violation of any provision of this chapter.
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SECTION 8. Repealing the text of Salt Lake City Code Chapter 18.32. That Chapter
18.32 of the Salt Lake City Code (Technical Building Specifications: Building Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.32
BUILDING REGULATIONS
18.32.020: BUILDING CODE AND STANDARDS ADOPTED:
The edition of the uniform building code, as adopted by the Utah uniform building code
commission as the construction standard to be adhered to by subdivisions of the state (section
58-56-4, Utah Code Annotated, or its successor section) is adopted by Salt Lake City, together
with the following chapters of the appendix to the uniform building code:
Chapter 3 Division IV - Requirements For Group R, Division 4 Occupancies;
Chapter 11 Division I - Site Accessibility;
Chapter 11 Division II - Accessibility For Existing Buildings;
Chapter 15 Reroofing;
Chapter 16 Division I - Snow Load Design;
Chapter 16 Division III - Earthquake Regulations For Seismic Isolated Structures;
Chapter 31 Division II - Membrane Structure;
Chapter 33 Excavation And Grading.
ICC/MBI Standard for Off-Site Construction: Planning, Design, Fabrication and Assembly, or its
successor document.
Hereafter, all references in this code to the uniform building code shall mean the said edition
adopted by the Utah uniform building code commission. One copy of the uniform building code
shall be filed for use and examination by the public in the office of the city recorder.
18.32.035: FEES:
A. Building permit fees shall be based on the total valuation of the proposed project
as shown on the Salt Lake City consolidated fee schedule.
B. Plan review fees shall be sixty five percent (65%) of the building permit fees.
C. Fees to expedite building plan review as governed by section 18.20.050 of this
title shall be two (2) times the standard building plan review fee.
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D. Penalties for not obtaining permanent certificate of occupancy will be three
hundred dollars ($300.00) for each month, after the initial thirty (30) day temporary certificate of
occupancy, which has no additional cost associated with it; due before the first of the month and
only allowed for up to three (3) renewals after the initial free thirty (30) day period. Partial
months will not be refunded.
E. Fees for renewing expired plan review after one hundred eighty (180) days as
governed by section 18.20.110 of this title shall be shown on the Salt Lake City consolidated fee
schedule.
F. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
each permit for fencing.
G. Other fees shall consist of electrical, mechanical and plumbing, and fire
suppression and monitoring equipment inspection fees as shown on the Salt Lake City
consolidated fee schedule.
18.32.050: UBC APPENDIX CHAPTER 3 DIVISION V ADDED; NONCONFORMING
BUILDING CONVERSION:
Appendix chapter 3 of the uniform building code be, and the same hereby is, amended by adding
chapter 3 division V to create a group R division 5 occupancy classification and requirements
applicable to change in occupancy when nonconforming group R divisions 1 and 3 occupancies
undergo conversion, which shall read as follows:
Chapter 3 Division V
Requirements For Group R Division 5 Occupancies
Sec. 344. Group R, Division 5 Occupancies Defined. Group R, division 5 occupancies shall be:
nonconforming group R divisions 1 and 3 structures undergoing conversion.
Sec. 345. General Provisions. Because conversion changes the original anticipated ownership
plan for a multi-family dwelling unit project from a single ownership into a hybrid mixture of
separate ownership of dwelling units combined with collective ownership of common areas
through association, etc., each nonconforming group R division 1 or division 3 structure being
converted into a condominium project or other type of ownership arrangement involving separate
ownership of individual units combined with joint or collective ownership of common areas shall
constitute a change in classification of occupancy to that of a group R division 5 and shall
comply with basic requirements of this code and the specific requirements listed below. All work
on such structures in the form of additions, alterations, or repairs shall conform to applicable
standards as required by section 3403 of this code. Where said provisions require conformity to
requirements governing new buildings, the applicable requirements of group R division 1 or 3
new construction shall apply.
Special Provisions And Minimum Standards.
Sec. 346. Property Report. Each conversion project to obtain approval shall submit two copies of
a property report prepared by a licensed engineer or architect which discloses and describes:
42
(1) The age of the building or buildings,
(2) The general condition, useful life, and capacity of the building's structural elements
including the roof, foundations, mechanical system, electrical system, plumbing
system, boiler, and other structural elements;
(3) All known conditions constituting deficiencies requiring repair to meet existing
building codes; and
(4) All known conditions which may require repair or replacement within the next
succeeding five year period.
(5) The existing conditions meet the standards of the Salt Lake City existing residential
housing code sections 18.50.140, Exterior Standards; 18.50.150, Interior Standards;
18.50.180, Space And Occupancy Standards; 18.50.190, Light And Ventilation;
18.50.200 Fire Safety-Egress. The building report, as required in section 20.56.060 of
the city code, shall note all deficiencies; appeals of noted deficiencies may be
addressed to the housing advisory and appeals board.
Said report shall certify the structure currently conforms to applicable codes or the owner shall
present plans to bring the structures into conformity with applicable building codes prior to
issuance of certificates of occupancy.
Sec. 347. Electrical Service Minimum Standards. Each converted dwelling unit shall have an
electrical service which provides:
(1) A minimum service of 60 amps.
(2) Receptacle outlets are required to meet standards of the national electrical code,
section 210-21(b). Each habitable room shall have no less than two such receptacles.
(3) Where a kitchen is provided, or required by this code, each kitchen shall be installed
on a separate circuit.
(4) If, as an option, dishwashers or garbage disposals are to be installed or provided for,
each must be located on a separate circuit. If such appliances or optional capacity are
not provided, the limitation must be disclosed to buyers and in the property report.
(5) All bathrooms are to be equipped with GFIC outlet.
(6) Lights and fixtures in all storage and equipment facilities over 84 sq. ft. in size.
(7) Installation of a smoke detector conforming to manufacturer's recommendations shall
be installed in each dwelling unit as a local detection unit. If the building has a
common exit hall or corridor then a general automatic detection system shall be
installed with the capability of sending a signal to a remote station.
(8) Installation of at least one wall switch controlled lighting outlet in every habitable
room, bathrooms, hallways, stairways, attached garages, and outdoor entrances.
All electrical work and repair must be completed under permit and comply with applicable codes
and ordinances.
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Sec. 348. Plumbing And Water Systems.
(a) Plumbing System. A mechanical engineer, licensed plumbing contractor, or a
licensed general contractor shall calculate and determine the capacity of the current
plumbing system, including the existing and potential load in fixture units (as
determined by the uniform plumbing code) as part of the property report required
above. All new installations or repairs must be completed under permit and shall
conform to applicable plumbing codes. The entire system shall be brought up to
applicable standards of this code when required by section 3403. The impact of new
installations upon the existing system shall be calculated and stated in the property
report.
(b) Water Supply. Water piping shall be so arranged that the water supply can be turned
on or off to any individual fixture; provided, however, that supply piping to a single
unit and building accessory thereto may be controlled by one valve.
Sec. 349. Mechanical System. The mechanical system for each converted dwelling unit shall:
(1) Equip each unit with its own heating system, except where a central water or steam
system is present.
(2) Provide each unit with its own means of controlling temperature when the building
utilizes a central heating plant. All mechanical work and repair shall be completed
under permit and comply with applicable codes.
Sec. 350. Discretion Of Building Official To Waive Minor Deviations. The foregoing minimum
standards are intended to be fully complied with prior to the building official's approval of
permits, record of survey maps, plans or certificates. However, the building official may waive
literal compliance with said standards for minor deviations and non-dangerous conditions, if the
official determines that strict compliance with the requirements of this chapter would be
impractical due to the unique condition of the property, or result in an unnecessary and extreme
hardship for the owner of the property. The building official may in such cases impose additional
reasonable and equivalent conditions upon the project.
Sec. 351. All condominiums shall meet the requirements as listed in 18.96.050 (fit premises) of
the city ordinance.
18.32.060: UBC SECTION 109.1 AMENDED; CERTIFICATE OF OCCUPANCY:
Section 109.1 of the uniform building code is amended to read as follows:
Section 109.1 Use Or Occupancy. No building or structure of groups A, B, E, F, H, I, M, R and S
occupancy shall be used or occupied, and no change in the existing occupancy classification of a
building or structure or portion thereof shall be made until the building official has issued a
certificate of occupancy therefor as provided herein.
18.32.090: UBC SECTION 204 AMENDED; DEFINITIONS:
44
Section 204 of the uniform building code, adopted by section 18.32.020 of this chapter, or its
successor, is amended by adding definitions of condominiums and conversions which shall read
as follows:
Condominium, Condominium Project, Condominium Unit. For purposes of this code,
"condominium," "condominium project," and "condominium units" or "units" means property or
portions thereof conforming to the definitions set forth in section 57-8-3 of Utah Code
Annotated, 1953, as amended.
Conversion. "Conversion" means a proposed change in the type of ownership in a parcel or
parcels of land, together with existing attached structures, from single ownership of said parcel
such as an apartment house or multi-family dwelling into a condominium project or other
ownership arrangements involving separate ownership of individual units combined with joint or
collective ownership of common areas, facilities, or elements.
18.32.120: UBC APPENDIX CHAPTER 35 ADDED; FLOOD HAZARD AREAS:
The uniform building code is amended by adding a new appendix chapter 35, which reads as
follows:
Sec. 3501. Floodplain Hazard Area. For the purpose of this chapter "floodplain hazard area" shall
mean those lands lying within the corporate limits of Salt Lake City as defined in section
18.68.020 of the Salt Lake City code, as being located within the boundaries of flood hazard
boundary map as defined in said section 18.68.020 and adopted by section 18.68.030 of the Salt
Lake City code. A copy of said map and amendments is on file for public examination in the
offices of the city recorder and city engineer.
Sec. 3502. Floodplain Protection Requirements. All plans involving development, repair,
substantial improvements to, or construction of building or structures within the floodplain
hazard area shall comply with the standards set forth in chapter 18.68 of the Salt Lake City code
relating to floodplain hazard regulations.
18.32.130: UBC APPENDIX CHAPTER 33 AMENDED; EXCAVATION AND
GRADING:
Appendix chapter 33 of the uniform building code, relating to excavation and grading, is hereby
amended by deleting the text of sections 3304 through 3318 and amending by adding a cross
reference, so appendix chapter 33 shall read as follows:
Appendix Chapter 33
Excavation And Grading
Sec. 3304-3318. Said sections and their revised text are hereby deleted, having been incorporated
within the text of chapter 18.28 of the Salt Lake City code relating to site development
regulations, drawing particular reference to provisions within chapters 4 and 5 of said
development regulations.
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18.32.140: SENIOR CITIZEN APARTMENT FEE ABATEMENT:
Qualified multi-family apartment projects may apply to, and receive from, the building official
an abatement of the normal building permit fees. In order for the building official to approve the
discount, the applicant must submit necessary documentation in order for the building official to
certify that the apartment project qualifies under the following criteria:
A. The project is owned and/or operated as a bona fide organization for providing
housing for senior citizens;
B. The project operators and/or property owners stipulate that all units shall be
rented by persons over age sixty two (62) years of age;
C. Operators and/or property owners agree to verify ages of tenants as part of their
annual application for an apartment house license;
D. Project operators and property owners execute an agreement, binding upon
successors in interest and secured by the real property, to reimburse the city the amount of the
abated fees plus interest from the date of the permit at the rate applicable to judgment, should the
rate of occupancy by qualified senior citizens drop below ninety five percent (95%) during the
next thirty (30) years. This occupancy rate shall be determined annually as of the date the annual
license application is submitted to the city; and
E. The amount of the fees abated, plus interest at the then established rate applicable
to judgments from date of the abated fees, shall be repaid to the city upon a subsequent
application to convert the project to condominium or other ownership arrangements involving
sale of separate units, if submitted within thirty (30) years of such abatement.
18.32.150: UBC SECTION 103 AMENDED; VIOLATIONS AND PENALTIES:
Section 103 of the uniform building code is amended to read as follows:
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or
structure in the city, or cause the same to be done contrary to or in violation of any of the
provisions of this code.
Any person, firm, or corporation violating any of the provisions of this code shall be deemed
guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the provisions of this
code is committed, continued, or permitted and upon conviction of any such violation such
persons shall be punishable by a fine as provided by section 1.12.050, or its successor, of the Salt
Lake City code.
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SECTION 9. Repealing the text of Salt Lake City Code Chapter 18.36. That Chapter
18.36 of the Salt Lake City Code (Technical Building Specifications: Electrical Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.36
ELECTRICAL REGULATIONS
18.36.010: ELECTRICAL CODE ADOPTED BY REFERENCE:
The edition of the national electrical code, as adopted by the Utah uniform building code
commission, is adopted by Salt Lake City as the ordinances, rules and regulations of the city,
subject to the amendments and exceptions thereto as hereinafter set forth in this chapter, one
copy of which code shall be filed for use and examination by the public in the office of the city
recorder. Hereafter, all references in this code to the national electrical code shall mean the
edition of the national electrical code adopted by the Utah uniform building code commission.
18.36.100: PERMIT FEES; RESIDENTIAL WORK:
The following fees for a permit for the installation of electrical materials in residences, including
multiapartment buildings, shall be paid to the city treasurer before any permit is valid. The basic
fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
consolidated fee schedule.
18.36.110: FEE FOR TEMPORARY METERING:
The fee for permit for temporary metering and service facilities shall be as shown on the Salt
Lake City consolidated fee schedule.
18.36.120: COMMERCIAL AND INDUSTRIAL FEES:
The fees to be paid to the city treasurer for electrical permits covering work in industrial or
commercial properties shall be computed as follows:
A. Minimum Fee: Minimum fee shall be as shown on the Salt Lake City
consolidated fee schedule.
B.New Service Or Change Of Service: For new service, change of service,
alterations or repairs of six hundred (600) volt or less capacity service entrance equipment, the
fee shall be as shown on the Salt Lake City consolidated fee schedule.
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C. Subfeeders: Fee for installation, alteration or repair of subfeeders, including
supply taps from subfeeders, shall be as shown on the Salt Lake City consolidated fee schedule.
D. Transformers: The installation of transformers shall be subject to inspection fee
when such transformers are an integral part of the consumer's distribution system. Such fee shall
be in addition to the regular system inspection fee and shall be as shown on the Salt Lake City
consolidated fee schedule.
E. Motor Generator: The fee for installation of a motor generator for emergency or
standby shall be as shown on the Salt Lake City consolidated fee schedule.
F. Alternate Fee Schedule: Electrical permit fees shall be computed on the schedules
set forth on the Salt Lake City consolidated fee schedule and shall be paid prior to work being
started. When a fee cannot be computed on the standard schedules, it shall be computed based on
the alternate schedule shown on the Salt Lake City consolidated fee schedule.
18.36.130: ELECTRICAL WORK EXCEEDING ONE HUNDRED THOUSAND
DOLLARS:
When the cost of electrical work exceeds one hundred thousand dollars ($100,000.00), electrical
permit fees shall be as shown on the Salt Lake City consolidated fee schedule.
18.36.170: POWER TO PANEL PERMITS; REQUIRED WHEN:
All new construction shall require a power to panel permit in accordance with section 18.36.180
of this chapter, or its successor section, to be issued in conjunction with the required electrical
permit.
18.36.180: POWER TO PANEL PERMIT; FOR CONSTRUCTION PURPOSES ONLY:
A. Temporary Basis: A power to panel permit shall authorize power for construction
purposes on a temporary basis only; permanent power must be authorized separately.
B. Permit: At the time power to panel is required to complete construction, the owner
or contractor shall apply for and obtain a separate power to panel construction permit. Said
permit shall be valid for a sixty (60) day period.
C. Extensions: Thirty (30) day extensions for such permit may be issued upon the
approval of building and housing services and upon payment of one-half (1/2) of the original
permit fee for each extension.
D. Certificate Of Occupancy: Final electrical approval for permanent power shall be
withheld until a certificate of occupancy is issued. Occupancy occurring prior to the issuance of a
certificate of occupancy shall result in a discontinuance of all power until occupancy is approved
or until occupancy ceases.
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E. Expiration: Upon expiration of a power to panel construction permit, all power to
the electrical panel shall be discontinued.
F. Fees:
60 day, no issue fee $20.00
30 day extension 7.00
18.36.210: VIOLATION; PENALTY:
Any person, firm or corporation, whether acting as owner or occupant of the premises involved,
or contractor, or otherwise, who violates or refuses to comply with any provisions of this title, or
the national electrical code, as amended, shall be guilty of a misdemeanor. A separate offense
shall be deemed to be committed on each day an offense occurs or continues.
SECTION 10. Amending the text of Salt Lake City Code Chapter 18.48. That Chapter
18.48 of the Salt Lake City Code (Technical Building Specifications: Dangerous Buildings) is
hereby amended as follows:
CHAPTER 18.48
DANGEROUS BUILDINGS
ARTICLE I. REPAIR AND VACATION OF DANGEROUS BUILDINGS
18.48.010: TITLE:
This chapter shall implement the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition.
18.48.020: PURPOSE AND SCOPE:
It is the purpose of this chapter to provide just, equitable, and practicable methods to require the
repair (including temporary boarding) and vacation of buildings or structures that endanger the
life, limb, health, morals, property, safety, or welfare of the general public or their occupants.
18.48.030: DEFINITIONS:
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BUILDING CODE: The International Building Code, or its successor, promulgated by the
International Code Council, as adopted by the state.
BOARDED BUILDING: A building in which accessible openings, such as windows and doors,
are secured by a secondary means against entry. Examples of securing a building by a secondary
means includes, but is not limited to, boarding and fencing.
DANGEROUS BUILDINGS: Any building or structure that has any or all of the conditions or
defects hereinafter described may be deemed to be a dangerous building, provided that such
conditions or defects exist to the extent that the life, health, property, or safety of the public or its
occupants are endangered.
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient
width or size or is not so arranged as to provide safe and adequate means of exit in case
of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit
is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate
means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all dead and live
loads, is more than 1.5 times the working stress or stresses allowed in the Building Code
for new buildings of similar structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by
any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum
requirements of the Building Code for new buildings of similar structure, purpose, or
location.
E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property.
F. Whenever any portion of a building, or any member, appurtenance, or ornamentation on
the exterior thereof is not of sufficient strength or stability, or is not so anchored,
attached, or fastened in place so as to be capable of resisting a wind pressure of one half
of that specified in the Building Code for new buildings of similar structure, purpose or
location without exceeding the working stresses permitted in the Building Code for such
buildings.
G. Whenever any portion of a building or structure has wracked, warped, buckled, or settled
to such an extent that walls or other structural portions have materially less resistance to
winds or earthquakes than is required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, because of (i) dilapidation,
deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability
of any portion of the ground necessary for the purpose of supporting such building; (iv)
the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely
to partially or completely collapse.
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I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean, or buckle to
such an extent that a plumb line passing through the center of gravity does not fall inside
the middle one third of the base.
K. Whenever the building or structure, exclusive of the foundation, shows 33% or more
damage or deterioration of its supporting member or members, or 50% damage or
deterioration of its non-supporting members, enclosing or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to
children or as to enable persons to resort thereto for the purpose of committing unlawful
acts.
M. Whenever any building or structure has been constructed, exists, or is maintained in
violation of any specific requirement or prohibition applicable to such building or
structure provided by the building regulations of this jurisdiction, as specified in the
Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction
relating to the condition, location, or structure of buildings.
N. Whenever any building or structure which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non-supporting part, member or portion less
than 50%, or in any supporting part, member or portion less than 66% of the (i) strength,
(ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or
characteristics required by law in the case of a newly constructed building of like area,
height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by
the health officer to be unsanitary, unfit for human habitation, or in such a condition that
is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction,
faulty electric wiring, gas connections or heating apparatus, or other cause, is determined
by the fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the demolition or
destruction of the building or structure or whenever any building or structure is
abandoned for a period in excess of six months so as to constitute such building or
portion thereof an attractive nuisance or hazard to the public.
HOUSING CODE: The Salt Lake City Existing Residential Housing Ordinance as promulgated
in Chapter 18.50 of the City Code.
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VACANT/SECURE BUILDING: An unoccupied building having all openings, such as windows
and doors, secured against entry, where windows are fully glazed and the doors are secured by
means of a lock.
18.48.040: AUTHORITY TO ENFORCE:
A. Authority to Enforce: The building official or designee is hereby authorized to
enforce the provisions of this chapter.
B. Authority to Inspect: The building official or their designee is hereby authorized
to make inspections and take such actions as may be required to enforce the provisions of this
chapter.
C. Buildings or Structures Subject to Inspection: Any building or structure, where
there is reasonable cause to believe a condition exists that renders the building or structure
endangering the life, limb, health, morals, property, safety, or welfare of the general public or the
structure’s occupants, is subject to inspection by the building official or their designee.
18.48.050: PROCEDURES UPON DETERMINATION OF A VIOLATION:
When the building official has inspected or caused to be inspected any building and has found
and determined that such building is a dangerous building, the building official shall follow the
enforcement procedures set forth in the 1997 Uniform Code for the Abatement of Dangerous
Buildings.
18.48.060: RESERVED
18.48.070: RESERVED
18.48.080: APPEALS:
Appeals of a notice and order issued pursuant to this chapter shall be taken in accordance with
Chapter 18.12.
18.48.090: CITY'S ABATEMENT OF PROPERTY:
If the property owner does not comply with the notice and order issued pursuant to this chapter
within the time specified in the notice and order, the building official or designees may cause the
building to be repaired, vacated, or temporarily boarded to the extent necessary to correct the
conditions which render the building dangerous as set forth in the notice and order. Any such
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repair, vacation, or boarding shall be completed and the cost thereof paid and recovered as set
forth in this chapter.
18.48.100: RECOVERY OF COSTS:
A. Permitted Recovery of Costs: If the building official or designee causes the repair,
vacation, or boarding of a building pursuant to a notice issued under this chapter, and after the
property owner received at least 10 days’ notice in which to complete the repair, vacation or
boarding and failed to do so, the division may collect the cost of that abatement, by filing a
property tax lien, as set forth in this section.
B. Itemized Statement of Costs: Upon completion of the repair, vacation, or boarding
work, the building official or designee shall prepare an itemized statement of costs and mail it to
the property owner by certified mail or reputable mail tracking service that is capable of
confirming delivery, demanding payment within 30 days of the date the statement is post
marked. The administrative fee shown on the Salt Lake City consolidated fee schedule to cover
the city's administrative expenses in contracting for the repair, boarding, or other abatement costs
shall be included in the statement of costs.
C. Form of Itemized Statement of Costs: The itemized statement of costs shall
include:
1. The address of the property at issue;
2. An itemized list of all expenses incurred by the division, including
administrative costs;
3. A demand for payment;
4. The address where payment is to be made;
5. Notification that failure to timely pay the expenses described in the
itemized statement may result in a lien on the property in accordance with this chapter
and Utah Code Section 10-11-4 or its successor;
6. Notification that the property owner may file a written objection to all or
part of the statement within 20 days of the date the statement is postmarked; and
7. Where the property owner may file the objection, including the name of
the office and the mailing address.
D. Delivery of Statement of Costs: The itemized statement of costs described in
Subsection C shall be deemed delivered when mailed by certified mail or reputable mail tracking
service that is capable of confirming delivery addressed to the last known address of the property
owner, according to the records of the county recorder.
E. Objection to Statement of Costs: A property owner may appeal the statement of
costs to the fines hearing officer, only as to the issue of whether the costs were actually incurred,
pursuant to Section 18.12.050.
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F. Failure to Object or Pay: If the property owner fails to make payment of the
amount set forth in the itemized statement within 30 days of the date of the mailing of that
statement, or to file a timely objection, then the division may certify the past due costs and
expenses to the Salt Lake County Treasurer.
G. Failure to Pay after Objection Hearing: If the property owner files a timely
objection but fails to make payment of any amount ordered by the fines hearing officer within 30
days of the date of the hearing, the inspector may certify the past due costs and expense to the
Salt Lake County Treasurer.
H. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
the district court, is a lien on the property, and shall be collected by the Salt Lake County
Treasurer at the time of the payment of general taxes.
I. Release of Lien: Upon payment of the amount set forth in the itemized statement
of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
general tax receipt issued by the treasurer.
18.48.110: APPLICABILITY OF BUILDING CODE:
All buildings or structures which are required to be repaired under the provisions of this chapter
shall be subject to the provisions of the applicable construction codes adopted pursuant to
Section 18.04.040.
18.48.120: PUBLIC NUISANCES:
A. Declaration and Abatement of Public Nuisances: All buildings or structures or
portions thereof which are determined after inspection by the building official to be dangerous
are hereby declared to be public nuisances and shall be abated by repair, vacation, or boarding in
accordance with the procedures specified herein.
B. Boarded or Vacant Building as Public Nuisance: Any structure that is vacant or
which has been boarded may be declared a public nuisance upon a determination that the
structure is detrimental to the safety or public welfare of the residents and property values of this
city.
ARTICLE II. BOARDING OR TEMPORARILY SECURING BUILDINGS
18.48.200: SCOPE AND APPLICABILITY:
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The provisions of this article apply to any person or entity who is ordered to board a building
under Article I and any person or entity who voluntarily boards a building.
18.48.205: REGISTRATION:
A. Registration Required: Registration is required to board a building. In the case
where the city causes the boarding work to be done pursuant to Section 18.48.245, the city will
register the property on which the building is located and will bill the record owner the yearly
registration fee pursuant to Section 18.48.215. In the case where the building official causes
temporary boarding work to be done pursuant to Section 18.48.090 and the building is boarded
for more than 45 days, the provisions of this Article II shall apply.
B. Registration Process: Registration of a property on which a boarded structure
shall be located must be done on a form provided by the building official or designee. The form
shall specify the following:
1. The address of the structure to be boarded or temporarily secured;
2. The type of building;
3. For residential structures, the number of dwelling units;
4. For nonresidential buildings, the number of square feet of all building
faces at ground level;
5. The name, address, and telephone number of a person authorized to act as
an agent for the owner for performing the owner's obligations under this article, who lives
within 40 miles of Salt Lake City; and
6. Whether the property has the required external water source for
landscaping, if landscaping is required.
18.48.210: NOTICE OF REGISTRATION:
Upon registration the city may record with the Salt Lake County Recorder’s Office a notice of
registration. The recordation of a notice of registration shall not be deemed an encumbrance on
the property but shall merely place interested parties on notice that the cost of City abatement
activities conducted pursuant to Section 18.48.245 may be outstanding and recoverable as a lien
on the property in accordance with Section 18.48.100. Once the building official determines that
the property is no longer subject to registration then a notice of deregistration shall be recorded.
Recordation of the notice of deregistration shall have the effect of canceling the recorded notice
of registration.
18.48.215: YEARLY REGISTRATION FEES:
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A. Annual Fee: Upon registration and on each yearly anniversary of the date the
property was registered pursuant to this article, a property owner desiring to maintain a boarded
building shall pay the annual boarding registration fee shown on the Salt Lake City consolidated
fee schedule. Properties that are defined as a “contributing structure” or “landmark site” pursuant
to Section 21A.34.020 shall be subject to a higher registration fee.
B. Late Penalty and Interest: If annual registration fees are not timely paid, an
accounts receivable fee and interest shall accrue pursuant to Section 3.16.040.
C. Failure to Register: Boarding a building before registering pursuant to this article
shall result in a fine of up to 25% of the boarding registration fee specified in the Salt Lake City
consolidated fee schedule.
D. Collection of Fees: If the property owner fails to pay the boarding registration
fees, the city may take legal action to collect any amounts owed.
18.48.220: POSTING OF BOARDED OR CLOSED TO OCCUPANCY BUILDINGS:
Whenever a building is boarded or closed to occupancy, the city shall be authorized to install a
sign to be mounted on the exterior of the building. The sign shall state that the building is closed
to occupancy and that it is unlawful for any unauthorized person to enter the building. The sign
shall also provide phone numbers to call if people are seen on the property or if doors or
windows are unsecured.
18.48.225: METHOD OF SECURING BUILDINGS:
All buildings shall be boarded in the following manner:
A. Securing Opening: All openings in the structure on the first floor, other openings
easily accessible from the ground, and openings with broken glass, shall be secured either by
erecting a single 1/2 inch thick layer of plywood sheathing or similar material, not to include
chipboard/OSB, covering over all exterior openings, overlapping the opening on every edge by 3
inches, affixed along the edges by nails or screws spaced every 6 inches.
B. Alternatives to Securing Openings: Alternately, the openings may be secured by
conventional wood frame construction. The frames shall use wood studs of a size not less than 2
inches by 4 inches (nominal dimension) placed not more than 24 inches apart on center. The
frame stud shall have the 4 inch sides or the wide dimension perpendicular to the face of the
wall. Each side of the frame shall be covered with plywood sheathing or similar material of at
least 1/2 inch thickness or equivalent lumber nailed over the opening by using nails or screws
spaced every 6 inches on the outside edges and every 12 inches along intermediate stud supports;
and
C. Exterior Doors: Exterior doors shall be secured by a strong non-glass door
adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening
described in Subsection A or B of this section or successor sections.
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18.48.230: LANDSCAPE MAINTENANCE:
Existing landscaping and lawn on the property shall be maintained in the manner otherwise
required by Chapters 9.16 and 21A.48.
18.48.235: EXTERIOR MAINTENANCE:
A. Exterior of Building: The exterior of a boarded building shall be maintained as
required by relevant requirements set forth in Section 18.50.140. In particular, exterior walls and
surfaces shall be properly maintained and severely weathered, peeling, or unpainted wood and
damaged siding and roofing shall be replaced or repaired with similar materials and colors.
B. Salvage Permit Required: Doors, windows, special glass, fixtures, fittings, pipes,
railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials within the
interior of a boarded building shall not be salvaged except upon the issuance of a permit as
provided in Section 18.64.070.
18.48.240: SNOW AND ICE REMOVAL:
Snow and ice must be removed from public sidewalk areas surrounding the boarded property in
the manner indicated in Section 14.20.070.
18.48.245: CITY MAINTENANCE OF PROPERTY:
A. Notice: If the building official or the building official's designee determines that a
boarded building and/or property is not being maintained, the building official or the building
official's designee shall issue a notice and order pursuant to Section 18.24.040 requiring
compliance with the building maintenance standards as required in city code.
B. Failure to Comply with Notice: If the building official or designee determines that
the property owner has failed to comply with the notice and order, the city may cause the work to
be done by a contractor hired by the city and the city may recover its abatement costs in
accordance with the process set forth in Section 18.48.100.
18.48.250: CITY MAINTENANCE OF LANDSCAPING:
If the building official or the building official's designee determines that the landscaping on the
property surrounding a boarded building is not being maintained as required by city code, the
building official or the building official's designee shall follow the notice of violation and
corrective measures procedures as detailed in Sections 9.16.050 and 9.16.060.
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18.48.255: VIOLATIONS:
A. It is unlawful for the building owner to fail to maintain the boarded building or
ensure the building remains vacated after the property has been abated by either the city or the
building owner. Each day a violation occurs shall be a separate offense.
B. Violations of the provisions of this chapter are punishable in accordance with
Chapter 18.24.
18.48.260: BUILDING INSPECTIONS REQUIRED:
Whenever a property owner, manager, or tenant intends to clean, repair, renovate, reopen or
reoccupy a building that has been boarded, the building is to be inspected by the building official
or designee and a permit must be issued by building services or its successor prior to the building
owner, manager, or tenant initiating any of the above actions. Any person conducting any work
on a building that has been boarded or closed to occupancy must have a valid building permit at
all times.
SECTION 11. Amending the text of Salt Lake City Code Chapter 18.50. That Chapter
18.50 of the Salt Lake City Code (Technical Building Specifications: Existing Residential
Housing) is hereby amended as follows:
CHAPTER 18.50
EXISTING RESIDENTIAL HOUSING
18.50.010: TITLE:
This chapter shall be known as the SALT LAKE CITY EXISTING RESIDENTIAL HOUSING
ORDINANCE.
18.50.020: PURPOSE AND SCOPE:
A. Purpose: The purpose of this chapter is to provide for the health, safety, comfort,
convenience and aesthetics of Salt Lake City and its present and future inhabitants and
businesses, to protect the tax base, and to protect property values within the city, as provided by
Section 10-9a-102 of the Utah Code, or its successor section, and other applicable state statutes.
This purpose shall be accomplished by regulating the maintenance, repair and remodeling of
residential buildings specified in this chapter existing as of the date of enactment hereof by:
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1. Establishing minimum housing standards for all buildings or portions
thereof used, or designed or intended to be used, for human habitation;
2. Establishing minimum standards for safety from fire and other hazards;
3. Promoting maintenance and improvement of structures by applying
standards of this chapter to renovations. This chapter allows distinctions in the
application of standards based on the year a structure was built, as long as a reasonable
level of safety is achieved;
4. Avoiding the closure or abandonment of housing and the displacement of
occupants where such can be done without sacrificing the public health, safety and
welfare;
5. Providing for the administration, enforcement and penalties for this
chapter.
B. Scope:
1. Application to Existing Buildings: This chapter encompasses fire safety
and structural integrity of existing residential buildings. Within the structures, the scope
includes equipment and facilities for light, ventilation, heating, sanitation, protection
from the elements, space requirements, and for safe and sanitary maintenance.
2. Application to Remodeling of Existing Residential Buildings: This chapter
shall apply to remodeling or renovation of all residential buildings existing as of the date
of enactment hereof as follows:
a. This chapter applies regardless of tenancy, regardless of the
valuation of the renovations, and regardless of the date of such remodeling or
renovation, unless otherwise noted in this chapter.
b. The requirements of this chapter are minimums. During a
renovation or remodeling project, whenever conditions exist which allow such
work to comply with the codes adopted in Section 18.04.040, such codes shall
apply.
c. When a construction standard is omitted from this chapter, the
applicable standard shall be the state construction codes adopted and in effect at
the time the building was constructed or at the time the relevant electrical,
mechanical, or plumbing element was installed, whichever is later.
d. When the purpose of the renovation is to create new dwelling
units, the codes adopted in Section 18.04.040 shall apply.
3. Application to New Construction: From the date of adoption hereof, newly
constructed buildings must comply with the codes adopted pursuant to Section 18.04.040.
All additions to an existing building envelope shall comply with the codes adopted
pursuant to Section 18.04.040.
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4. Change of Use: Any building undergoing a change which intensifies the
use shall comply with the provisions of the codes adopted pursuant to Section 18.04.040.
5. Permits Required: Except as provided in this subsection, no building or
structure regulated by this chapter shall be erected, constructed, enlarged, altered, moved,
removed, converted, or demolished unless a separate permit for each building or structure
has first been obtained from the building official. Except where required by state law,
permits are not required for those items identified in Section 105.2 of the International
Building Code and International Residential Code, or as otherwise directed by the
building official.
C. Violations: It is unlawful for any person to:
1. Erect, construct, enlarge, alter, repair, move, improve, remove, convert, or
demolish, equip, use, occupy or maintain any building or structure or cause or permit the
same to be done in violation of this chapter;
2. Fail to obey a notice and order issued pursuant to this chapter;
3. Occupy, or rent for occupancy, a building that has been closed to
occupancy; or
4. Fail to obey an interpretation, decision or requirement of the board of
appeals and examiners.
18.50.030: DEFINITIONS:
A. Construction of Terms: For the purpose of this chapter, certain terms, phrases,
words, and their derivations shall be construed as specified in this section. Words used in the
singular include the plural, and words used in the plural include the singular.
B. Whole Includes Part: Whenever the words "apartment house", "building",
"dormitory", "dwelling unit", "habitable room", "hotel", "housing unit" or "structure" are used in
this chapter such words shall be construed as if followed by the words "or any portion thereof".
C. Referenced Documents: References to codes, ordinances, chapters, sections, or
subsections shall include any successor to such code, ordinance, chapter, section, or subsection
that has been adopted by the city.
D. Defined Terms:
AGENT: Any person, firm, partnership, association, joint venture, corporation, or other entity
who acts for or on behalf of others.
BASEMENT: A floor level, any part of which is more than 4 feet below grade for more than
50% of the total perimeter or more than 8 feet below grade at any point.
BATHROOM: A room containing at least one of each of the following fixtures: sink, toilet, and
tub or shower. It may also include a bidet.
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BEDROOM: Any space designed or used for sleeping.
BOARDING HOUSE: The same as defined in Title 21A.
BUILDING: Any structure which is used, designed or intended to be used for human habitation.
BUILDING CLOSURE, CLOSED TO ENTRY, OR CLOSED TO UNAUTHORIZED ENTRY:
A building which has been closed to occupancy.
BUILDING INSPECTOR: A person designated by the building official to make inspections of
buildings and properties covered by this chapter.
CEILING HEIGHT: The vertical distance from the finished floor to finished ceiling or to the
lowest point of the ceiling framing members. Where obstructions other than lighting fixtures
exist below the ceiling, the height shall be measured from the obstruction to the finished floor.
CERTIFICATE OF OCCUPANCY: A certificate issued by the building official authorizing
occupancy of a building.
COMMON ROOM: A room available in congregate housing for the shared use of occupants of 2
or more housing units. This does not include common corridors and exit passages, but does
include kitchens and game rooms.
CONDOMINIUM: Property or portions thereof conforming to the definition set forth in section
57-8-3 of the Utah Code, as amended, or its successor.
CONGREGATE HOUSING: Any building which contains facilities for living, sleeping and
sanitation, as required by this chapter, and may include facilities for eating and cooking, for
occupancy by other than a family. Congregate housing includes SROs, convents, monasteries,
dormitories, boarding and rooming houses, hostels, fraternity and sorority houses, but does not
include shelters, jails, hospitals, nursing homes, hotels or lodging houses.
COOKING FACILITY: At a minimum, a range with stove top and oven, or alternatively, a
nonportable cooktop and oven, and a sink.
CORRIDOR: A hallway that serves more than one dwelling unit.
EFFICIENCY DWELLING UNIT: A dwelling unit containing only one habitable room with a
bath and/or kitchen in the unit.
EXISTING: In existence prior to adoption hereof.
EXITWAY: A continuous and unobstructed means of egress to a public way and includes any
intervening aisles, doorways, gates, corridors, exterior exit ramps, stairways, smokeproof
enclosures, horizontal exits, exit passageways, and exit access ramps as these terms are defined
in the International Building Code.
FAMILY: The same as defined in Title 21A.
FIRE RESISTANCE OR FIRE RESISTIVE CONSTRUCTION: Construction that resists the
spread of fire.
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FLOOR AREA COMPUTATION: The floor area of a habitable room excluding closets,
cabinets, bathrooms, and kitchens when such kitchens are separated from the habitable room by
walls or other partitions.
GARAGE: A building or portion thereof designed, used, or intended to be used for parking or
storage of a motor vehicle containing flammable or combustible liquids or gas in its tank.
GLAZING: Light transmitting glass or plastic installed in windows, doors and skylights,
including safety glass, but not including glass block.
HABITABLE ROOM: A room in a building for living, sleeping, eating or cooking. Bathrooms,
toilet rooms, closets, halls, storage or utility space, and similar areas are not habitable rooms.
HALL: A space used for circulating between the rooms of a building within an individual
dwelling unit.
HAZARDOUS CONDITION: A condition in a residential building or dwelling unit where
failure of a structural, electrical, mechanical or plumbing component system or systems is likely
to occur reasonably soon but which has not yet occurred or which is not serious enough to be
considered an "imminent danger". "Hazardous conditions" consist of any of the following:
1. All of the conditions listed under the definition of "imminent danger" if
those conditions can be repaired safely while all or the affected part of the building or
unit remains occupied; or
2. "Imminent danger" conditions which have been partially secured pursuant
to Section 18.24.030.E;
3. Improper, missing, misused or malfunctioning electrical service or
disconnect devices;
4. Cracked, displaced or missing foundations resulting in settlement and
structural damage;
5. Defective or deteriorated flooring or floor supports;
6. Flooring or floor supports of insufficient size to carry imposed loads with
safety;
7. Members of walls, partitions or other vertical supports that crack, split,
lean, list or buckle due to defective material or deterioration where failure is likely to
occur reasonably soon but is not likely to occur immediately;
8. Members of walls, partitions or other vertical supports that are of
insufficient size to carry imposed loads with safety;
9. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
or vertical members which sag, split or buckle due to defective material or deterioration;
10. Inoperable toilet, bathroom sink, or bathtub or shower in a dwelling unit or
congregate housing unit;
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11. Lack of or inoperable kitchen sink in a dwelling unit or congregate
housing unit;
12. Fireplaces or chimneys which are of insufficient size or strength to carry
imposed loads with safety such that failure is likely to occur reasonably soon but is not
likely to occur immediately;
13. Except as defined under "imminent danger" below, conditions that reduce
the width, height or area of a required emergency exitway or required escape window;
14. All buildings or portions thereof which are not provided with the operable
fire extinguishing systems or equipment required by city codes;
15. Buildings or portions thereof occupied for living, sleeping, cooking or
dining purposes which were not designed or intended to be used for such occupancies;
16. Lack of a kitchen area equipped with a working stove, oven, sink and
refrigerator unless specified otherwise by this code.
HISTORIC BUILDING: Any building or structure which has been designated for preservation
by Salt Lake City pursuant to Title 21A or its successor, or is a contributory structure located in
an historic district designated pursuant to Title 21A.
HOTEL: Any building containing guestrooms intended or designed to be used, rented, or hired
out to be occupied, or which are occupied for sleeping purposes by guests on a daily basis.
HOTEL/MOTEL ROOM: A room or combination of rooms (suite) offered as a single unit for
lodging on a daily or weekly basis.
IMMINENT DANGER: A condition in a building or dwelling unit subject to this chapter where
structural, electrical, mechanical or plumbing systems have failed so that they may cause
immediate death or serious injury to the building's occupants or the public. Conditions of
"imminent danger" are those that are so severe and dangerous that either repairs cannot be
completed immediately or it is appropriate to have the residents or other occupants leave the
building or unit before the repairs have begun. "Imminent danger" consists of any of the
following and other similarly serious conditions:
1. Failed or missing foundations, beams, columns, floor systems;
2. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members which sag, split or buckle and failure is likely to occur at any moment;
3. Broken water lines causing flooding which is undermining structural
supports or otherwise endangering the building's integrity;
4. Leaking gas;
5. Missing flues or vent connectors resulting in exhaust gases entering the
building;
6. Lack of adequate heating facilities during the months of October through
April;
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7. Overload of main and branch electrical distribution systems;
8. Exposed electrical wires, fuses and electrical current breakers capable of
producing electrical shock or fire and readily accessible to the occupants or the public;
9. Stairs and stair components that cannot carry the loads intended and which
may collapse if so loaded;
10. Contaminated water systems;
11. A complete absence of toilet facilities;
12. A complete lack of water supply or sewage disposal facilities, as a result
of a failure of a building's or dwelling unit's system and not a city system failure;
13. Blocked emergency egress halls, corridors and/or doors, including
accumulation or storage of materials in stairways, corridors, doors or windows, or other
condition which blocks the means of egress.
INFESTATION: The presence of insects, rodents or other pests in or around a building in
numbers that are or may be detrimental to the health, safety or general welfare of the occupants.
KITCHEN: A space or room used, designed or intended to be used for the preparation of food,
which includes permanently installed cooking facilities.
MAINTENANCE: The repair, replacement and refinishing of any component of an existing
structure, but does not include alteration or modification to the existing weight bearing structural
components.
MINOR DEFICIENCIES: A structural, electrical, mechanical or plumbing code violation that is
minor in nature and is less severe or dangerous than a "substandard condition". "Minor
deficiencies" include the following, and other similarly minor conditions:
1. Interior finish wall coverings missing or in disrepair;
2. Lack of paint;
3. Dripping or leaking kitchen or bathroom faucets;
4. Soffit and fascia trim of which no more than 20% is weathered, missing,
or loose.
MONUMENTAL STAIRS: A stairway, exceeding 4 feet in width, at the main entrance on the
exterior of a building.
MULTIPLE-FAMILY STRUCTURE: A residential building containing 3 or more dwelling
units.
NEC: The edition of the national electrical code currently adopted by the city.
OCCUPANT: A person occupying or having possession of a dwelling unit.
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OPENING: An exterior glazed opening capable of being closed to the weather, consisting of a
window, a glazed door, or an openable glazed skylight, which opens upon a roof, yard, court,
street, alley or recess from a court.
PATTERN OF CIRCULATION: Any area in a room or group of rooms where the occupant is
likely to walk because of the location of doors, fixtures or furniture placement when size of room
restricts furniture placement. Fixtures, pipes and ducts projecting from the ceiling which are
located near the middle of the room are within the pattern of circulation.
PLUMBING SYSTEM: Any potable water distribution piping, and any drainage piping within
or below any building, including all plumbing fixtures, traps, vents and devices appurtenant to
such water distribution or drainage piping and including potable water treating or using
equipment, and any lawn sprinkling system.
PREMISES: A lot, plot or parcel of land including the buildings or structures thereon.
RESIDENTIAL BUILDING: The portions of a building that contain dwelling units.
SRO (SINGLE ROOM OCCUPANCY): A congregate housing where the dwelling units have
one combined sleeping and living room and may include a kitchen and/or a separate private
bathroom.
SAFETY: The condition of being safe from causing harm, injury or loss.
SECURED BUILDING: A building where all windows and doors are intact and lockable against
unauthorized entry.
SLOPING CEILING: Any ceiling with a slope greater than 1/2 inch per foot.
SMOKE DETECTOR: An approved device which senses visible or invisible particles of
combustion.
SPACE, COMMON: "Common space" means shared areas available for use by the occupants of
the building.
SPACE, PRIVATE: "Private space" means the portion of a dwelling unit which is for the
exclusive use of the occupants of the unit.
SUBSTANDARD CONDITION: A structural, electrical, mechanical or plumbing system
condition in a residential building or dwelling unit which violates applicable codes but with
maintenance or repair can be made fully safe and which does not amount to an "imminent
danger" or a "hazardous condition". "Substandard conditions" include the following as well as
any violations of the standards in this chapter which have not been included in the categories of
"imminent danger", "hazardous condition" or "minor deficiency":
1. Deteriorated or inadequate foundations with cracking and evidence of
settlement;
2. Defective or deteriorated flooring or floor supports;
3. Members of walls, partitions or other vertical supports that split, lean, list
or buckle due to defective material or deterioration;
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4. Members of ceilings, roofs, ceiling and roof supports, or other members
that are of insufficient size to carry live and dead loads with safety;
5. Soffit and fascia trim more than 20% of which is weathered, missing or
loose;
6. Missing, decayed, buckling or worn out roof covering;
7. Roof having more than 2 layers of shingle type roof covering;
8. Fireplaces or chimneys which list, bulge or settle, due to defective
material or deterioration;
9. Parapet wall or parapet cap bricks that are loose or missing;
10. Stair risers, treads, jacks, stringers or supports that are cracked or
otherwise deteriorated or missing;
11. Plumbing which was not installed in accordance with the adopted
plumbing code in effect at the time of installation or with generally accepted construction
practices, has not been maintained in good condition, or is not free of cross connections
or siphonage;
12. Continuous running water in a toilet, bathroom sink or kitchen sink;
13. Lack of hot or cold running water to plumbing fixtures in a dwelling unit
or congregate housing structure;
14. Mechanical equipment which was not installed in accordance with codes
in effect at the time of installation, or with generally accepted construction practices, or
which has not been maintained in good and safe condition;
15. Inoperable heating systems during the months of May through September;
16. Inoperable air conditioning systems, when the building is supplied with
such a system and lacks other adequate forms of ventilation and the air conditioning
system fails to keep the air temperature below 85°F;
17. Damaged or missing heat ducts or missing heat duct registers;
18. Electrical wiring which was not installed in accordance with codes in
effect at the time of installation or with generally accepted construction practices, has not
been maintained in good condition, or is not being used in a safe manner;
19. Missing light fixtures, switches and outlet and switch cover plates;
20. Overcurrent situations such as those caused by the use of electrical
extension cords and multiple light fixtures;
21. Lack of the minimum natural light and ventilation required by this
chapter;
22. Room and space dimensions less than that required by this chapter;
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23. Dampness of habitable rooms as evidenced by water damage or excess
moisture on ceilings, walls or floors;
24. Deteriorated, crumbling or loose plaster or stucco;
25. Deteriorated or ineffective waterproofing of exterior walls, roof,
foundation or floors, including broken windows or doors;
26. Deteriorated or lack of weather protection for exterior wall coverings;
27. Broken, rotted, split or buckled exterior wall coverings or roof coverings;
28. Wood has been installed within 6 inches of earth which is not naturally
decay resistant, treated wood or wood protected by an approved barrier;
29. Infestation of insects, vermin or rodents as determined by the Salt Lake
County health department, or its succcessor;
30. Lack of garbage and rubbish storage and removal facilities as determined
by the Salt Lake County health department regulations;
31. Those premises on which an accumulation of weeds, vegetation, junk,
dead organic matter, debris, garbage, offal, rat harborages, stagnant water, and similar
materials or conditions constitute a violation of the Salt Lake County health department
regulations;
32. Any building, device, apparatus, equipment, combustible materials or
vegetation which, in the opinion of the chief of fire department or building official, is in
such a condition as to cause a fire or explosion or provide a ready fuel to augment the
spread and intensity of fire or explosion arising from any cause;
33. Any fire resistive requirement of this chapter which is not met;
34. Drainage of water from roofs or yards in a manner that creates flooding or
damage to a structure;
35. Any equipment or apparatus that causes excessive noise, pollution, odor or
light as defined by the Salt Lake City code or Salt Lake County health regulations;
36. Guardrails or handrails in common areas that are missing or cannot
support required loads.
TOILET ROOM: A room which contains a toilet. It may also contain a sink, but does not contain
a tub or shower.
UNFIT FOR HUMAN OCCUPANCY: A condition of premises which has been found by the
building official to be an "imminent danger" or "hazardous condition" situation as defined by this
chapter, or which fails to meet the sanitation requirements of the Salt Lake County health
department.
VENTILATION, NATURAL: "Natural ventilation" means any openable exterior door, window
or skylight which opens upon a roof, yard, court, street or alley.
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YARD: As defined in Title 21A.
18.50.040: AUTHORITY:
A. Enforcement: The building official is authorized to enforce all the provisions of
this chapter. The building official may issue and deliver enforcement orders under authority
provided by state law.
B. Interpretation: The building official may render interpretations of this chapter and
adopt and enforce rules and supplemental regulations pursuant to adopted state construction
codes to clarify the application of its provisions. Such interpretations, rules and regulations shall
conform to the intent and purpose of this chapter, and shall be made available in writing for
public inspection upon request.
C. Alternate Materials and Methods of Construction: This chapter is not intended to
exclude any method of structural design or repair not specifically provided for in this chapter or
applicable adopted state construction codes. The building official may approve any alternate
material or method of construction conforming to the applicable adopted state construction
codes.
18.50.050: RIGHT OF ENTRY:
A. Inspection: Whenever it is necessary to make an inspection to enforce any
provisions of this chapter, or whenever the building official has reasonable cause to believe a
code violation exists in any building or upon any premises which makes such building or
premises unsafe, dangerous or hazardous, the building official may, upon obtaining permission
of the owner or other person having charge or control of the premises or dwelling unit, or upon
obtaining a warrant, enter a residential property or premises to inspect it or to perform the duties
imposed by this chapter. If such building or premises is occupied, the building official shall first
present proper credentials and request entry. If such building or premises is unoccupied, the
building official shall first make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry. If such entry is refused, the
building official shall have recourse to every remedy provided by law to secure entry. The
building official shall establish written policies which outline owner notification procedures for
regular inspections and establish handling of owner notification for tenant reports of unsafe,
dangerous and hazardous conditions.
B. Unoccupied Dwelling Unit: If an unoccupied dwelling unit is open and
unattended and the owner or other person having charge or control of the building or premises
cannot be located after reasonable effort, the building official or building official's designee may
enter the building. The building official shall issue a notice and order pursuant to Section
18.24.040 that the dwelling unit be immediately secured or boarded against the entry of
unauthorized persons.
C. Inspection Notification: In imminent danger or hazardous condition situations, or
when authorization to enter has not previously been granted by a tenant, the owner shall give the
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tenant a minimum of 24 hours' notification of an inspection of the tenant's premises by the
building official.
18.50.060: RESERVED
18.50.070: RESERVED
18.50.080: RESERVED
18.50.090: MINOR DEFICIENCY NOTIFICATION:
A. Determination: If the building inspector determines that a minor deficiency exists,
the building inspector may take the actions specified in this section.
B. Citations: Citations may be issued for minor deficiencies. However, such citations
shall be for the owner's information only and shall have no further legal force or effect. When a
notice and order is issued pursuant to Section 18.50.100, minor deficiencies may be included
under "for owner's information only". If a property inspection reveals only minor deficiencies,
the building inspector may mail a letter to the owner informing the owner of such minor
deficiencies.
18.50.100: ENFORCEMENT:
A. Determination: If the building inspector determines that a violation of this chapter
exists, the building inspector may take the actions specified in this section.
B. Warning Notice
1. Notice: If the building inspector finds that any provision of this chapter is
being violated, the inspector shall provide a written notice to the responsible party. The
written notice shall indicate the nature of the violation and order the action necessary to
correct it. The written notice shall state what action the inspector intends to take if the
violation is not corrected. The written notice shall include the time period in which the
violations must be corrected, which will be based on their severity.
2. Delivery of Notice: Such written notice issued by the inspector shall be
deemed sufficient and complete when served upon the responsible party as follows:
a. Personally by the inspector or his or her representative; or by
mailing, postage prepaid, by certified mail, return receipt requested or any
reputable mail tracking service that is capable of confirming delivery, addressed
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to the responsible party at the last known address appearing on the records of the
county recorder; and
b. By posting notice on the property where said violation(s) occurs.
3. In cases when delay in enforcement would seriously threaten the effective
enforcement of this chapter, or pose a danger to the public health, safety or welfare, the
inspector need not issue a warning notice.
C. Notice and Order: If, after issuance of the warning notice (if required), the
violations have not been corrected by the time period stated in the notice, the building inspector
may issue a notice and order pursuant to Section 18.24.040. The notice and order need not
provide any additional correction period and may impose fines beginning on the date it is issued.
D. Remedies: Upon issuance of a notice and order, the building inspector may pursue
any remedies allowed by Sections 18.24.030 and 18.24.050, except that civil fines shall accrue as
set forth in the Salt Lake City consolidated fee schedule specific to the violations of this chapter.
E. Daily Violations: Each day a violation continues after the issuance of the notice
and order (or cure deadline stated therein, if applicable) shall give rise to a separate civil fine.
F. Compliance: Accumulation of fines for violations, but not the obligation for
payment of fines already accrued, shall stop upon correction of the violation(s) once confirmed
through an inspection requested pursuant to Subsection 18.24.040.A.3.
G. Recurring Violations: In the case where a violation, which had been corrected,
reoccurs at the property within 6 months of the initial correction and is due to the actions or
inactions of the same responsible party as the prior violation, the city may begin enforcement of
said recurring violation and impose fines after a 10 day warning period.
18.50.110: APPEALS:
A. Filing of Appeals: Appeals of enforcement of this chapter shall be taken in
accordance with Chapter 18.12.
B. Inspection of the Premises: Before any hearing is held by the board of appeals and
examiners the board may inspect the building or premises involved. Prior notice of such
inspection shall be given to the responsible party filing the appeal, who may be present at such
inspection. Failure of the responsible party to provide access without good cause as determined
by the building official shall not constitute a reason for the hearing to be postponed and the
appeal denied.
18.50.120: RESERVED
18.50.130: APPROVAL FOR OCCUPANCY:
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Following the correction of the deficiencies and prior to persons reoccupying any residential
building or dwelling unit after it has been closed to occupancy, the building official shall issue an
approval for occupancy.
18.50.140: EXTERIOR STANDARDS:
A. Structural Repair: All roofs, floors, walls, chimneys, foundations, and other
structural components shall be repaired when they no longer retain their structural integrity.
Loose bricks in chimneys shall be repaired and missing chimney caps shall be replaced.
B. Exterior Surfaces: Exposed materials that require weather protection and exterior
surfaces that are deteriorating shall be repaired to the extent necessary to stop damage from cold,
wind, water, or dampness. The roof covering and flashing shall form an impervious membrane.
C. Drainage: All surface water shall drain away from the structure and any potential
adverse effect of the runoff shall be mitigated to the reasonable satisfaction of the building
official.
D. Windows and Doors: Windows that are required by this chapter for light and
ventilation shall be fully glazed. Window openings not required to meet light, ventilation, and
egress standards may be sealed with opaque materials or removed. Broken or missing doors,
door frames, windows, and window sashes shall be replaced or repaired.
E. Appendages: All awnings, fire escapes, exhaust ducts and similar appendages
shall be maintained in good repair and be properly anchored.
F. House Addressing: All residential buildings shall display a street number in a
prominent location on the street side of the building in such a position that the number is easily
visible to approaching emergency vehicles. The numerals shall be in accordance with the codes
adopted in Section 18.04.040. Each individual unit within any multiple-family structure shall
display a prominent identification number.
G. Exterior Walkways: All sidewalks, walkways, stairs, driveways, parking spaces
and similar areas shall be kept in a proper state of repair, and maintained free from hazardous
conditions.
18.50.150: INTERIOR STANDARDS:
A. Showers/Tubs: Showers shall be finished to a height of 70 inches above the
fixture drain outlet with nonabsorbent material. Freestanding tubs with shower risers may utilize
a shower curtain that totally encloses all sides of the tub.
B. Floor Coverings: All floor and stair coverings shall be maintained in a secure and
substantially intact manner. This standard does not apply to area or throw rugs within dwelling
units.
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C. Walls And Ceilings: All walls and ceilings shall be maintained so that they are
secure and intact. Surfaces shall be painted or covered with wallpaper or paneling.
D. Finishes, Washable Surfaces: In kitchens and bathrooms of congregate housing
and SROs, floors and walls within 15 inches of sinks, bidets, showers, toilets, and tubs shall be
finished with a nonporous material that is not adversely affected by moisture.
E. Operable Fixtures and Equipment: All fixtures, appliances, and equipment
required by this code shall be maintained in safe and operable condition.
18.50.160: DOORS, TRIM AND HARDWARE:
A. All doors, trim and hardware shall be kept in good working condition.
B. Exterior doors which are required for ingress and egress shall have locks which
are keyed from the exterior and are operable from the interior without the use of a key or other
special equipment or knowledge. Original locks in historic buildings are not required to be
replaced if in good working condition.
C. Hinges for out swinging doors shall be equipped with nonremovable hinge pins or
a mechanical interlock to preclude removal of the door from the exterior by removing the hinge
pins.
18.50.170: ENVIRONMENTAL OR SANITARY STANDARDS:
A. All premises shall be maintained clean, safe, sanitary and free from an
accumulation of rubbish. Every occupant of a structure shall keep that part of the structure and
exterior property which such occupant occupies, controls or uses in a clean and sanitary
condition. Every owner of a structure containing a boarding and rooming house, fraternity and
sorority house, dormitory, SRO or multiple-family dwelling units shall maintain, in a clean and
sanitary condition, the shared or public areas of the structure and exterior property.
B. Garbage and refuse storage and removal shall meet the requirements of the Salt
Lake County health department regulations.
C. There shall be no insect or rodent infestation in violation of the Salt Lake County
health department regulations.
D. Asbestos, regardless of the date of installation, shall meet the requirements of the
Salt Lake County health department regulations.
E. A room in which a toilet is located shall be separated from food preparation or
storage rooms by a tightfitting door.
18.50.180: SPACE AND OCCUPANCY STANDARDS:
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A. Ceiling Heights:
1. Habitable Rooms: The minimum ceiling height for all habitable rooms
shall be as set forth in the construction codes adopted in Section 18.04.040. This height
may be 6 feet 4 inches when the requirements of this chapter for emergency egress, light
and ventilation are met and a smoke detector and carbon monoxide detector are installed
pursuant to the construction codes adopted in Section 18.04.040. The only exception is
that a smoke detector is not required in a kitchen. Obstructions shall be allowed to 5 feet
10 inches when the obstruction is not in the pattern of circulation and obstructions are not
greater than 20% of the floor area of the room.
2. Nonhabitable Rooms Except Bathrooms: All nonhabitable rooms, except
bathrooms, shall have no minimum ceiling height requirement.
3. Bathrooms and Toilet Rooms: Bathrooms and toilet rooms shall have a
minimum ceiling height of 6 feet 0 inches. Obstructions shall be allowed to 5 feet 10
inches. The bathroom ceiling height at the back of a sink, toilet or tub without shower
may be sloped to a minimum height of 5 feet 0 inches at the wall when the ceiling height
is no less than 6 feet 0 inches at a point 2 feet 0 inches from the wall adjacent to the
bathroom plumbing fixture.
4. Sloping Ceilings: In any room with a sloping ceiling, at least one-half
(1/2) the floor area shall have a minimum ceiling height as required by this section. No
portion of the room with a ceiling height below 5 feet 0 inches may be used in the floor
area computation.
5. Corridors: A minimum ceiling height of 6 feet 4 inches shall be required
in corridors so long as there are a smoke detector and carbon monoxide detector installed
pursuant to the construction codes adopted in Section 18.04.040. Obstructions shall be
allowed to 5 feet 10 inches when the obstruction is not in the pattern of circulation and
obstructions are not greater than 20% of the floor area of the corridor.
B. Room and Corridor Size:
1. Floor Area and Room Dimensions: Floor area and room dimensions shall
be as set forth in the construction codes adopted in Section 18.04.040.
2. Sleeping Room Dimensions: Every room used for sleeping shall have
floor area equal to the amounts required by the construction codes adopted pursuant to
Section 18.04.040. Where more than 2 persons occupy a room used for sleeping, the
required floor area shall be increased at the rate of 50 square feet for each occupant in
excess of 2.
3. Corridors: The minimum width of corridors shall be 36 inches. In dwelling
units constructed prior to 1983, a minimum corridor width of 28 inches shall be
permitted.
C. Special Dwellings:
1. Efficiency Dwelling Units: An efficiency dwelling unit shall:
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a. Have a living room floor area equal to the amounts required by the
construction codes adopted pursuant to Section 18.04.040. An additional 100
square feet of floor area shall be provided for each occupant in excess of two;
b. Have a closet;
c. Have a kitchen sink and cooking and refrigeration facilities, each
having a clear working space of at least 30 inches in front of the fixture or
appliance;
d. Have a bathroom containing a toilet, sink and bathtub or shower.
2. Congregate Housing: Except for Shared Housing as defined in Title 21A,
individual units in congregate housing shall have at least one room with not less than 70
square feet of floor area per occupant. When individual rooms are less than 120 square
feet, a separate common room shall be provided of at least 120 square feet for each 10
units, with a minimum of one common room per floor. When separate rooms are not
provided with cooking facilities, the common room may be a common kitchen with a
floor area as defined by the floor area computation.
D. Cooking Facilities:
1. Cooking Facilities in Dwelling Units: Each dwelling unit shall have a
kitchen that supplies:
a. A range with stove top and oven, or in the alternative, a
nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
considered as cooking facilities. All cooking appliances shall be maintained in
good working condition.
b. An approved sink, with a minimum dimension of 12 inches by 12
inches by 4 inches deep.
c. A minimum of 4 square feet of counter space.
d. A refrigerator.
2. Cooking Facilities for Individual Units in Congregate Housing: As long as
such cooking facilities do not encroach into the required floor area, required cooking
facilities may be supplied in individual units, provided all of the following items are
supplied:
a. A range with stove top and oven, or in the alternative, a
nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
considered as cooking facilities and are not allowed. Portable cooking devices are
not allowed in individual rooms;
b. An approved sink, with a minimum dimension of 12 inches by 12
inches by 4 inches deep;
c. A minimum of 4 square feet of counter space;
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d. A refrigerator.
3. Common Kitchens in Congregate Housing: When cooking facilities are
not provided within individual units, congregate housing shall have a common kitchen
area which shall contain the following minimum facilities: a sink for each 20 tenants or
portion thereof, a range for each 20 tenants or portion thereof, and a refrigerator for each
10 tenants or portion thereof. The minimum kitchen area shall be 120 square feet based
on the floor area computation for the first 10 occupants or portion thereof, and an
additional 30 square feet for each additional 10 persons or portion thereof.
18.50.190: LIGHT AND VENTILATION:
A. Natural Light in Habitable Rooms:
1. Every habitable room shall have at least one window facing directly to the
outdoors to provide natural light. The minimum total window area shall equal 1/20th or
more of the floor area of the room, with a minimum of 3 and 1/2 square feet. Special
purpose rooms such as home theaters and film processing rooms shall not be subject to
this requirement. Kitchens may be provided with artificial light, which shall be a
minimum of 1.5 watts incandescent or 0.8 watts fluorescent per square foot of the room.
2. The glazed area of an exterior door may be used for purposes of
computing window size for natural light.
3. For the purpose of meeting light or ventilation requirements, as well as
emergency egress, a room may be considered as a portion of an adjoining room when 1/2
of the area of the common wall is open and unobstructed and provides an opening of not
less than 1/10 of the floor area of the interior room or 25 square feet, whichever is
greater.
B. Ventilation:
1. Habitable Rooms:
a. Except as provided in subsection B1b of this section, all habitable
rooms shall be provided with natural ventilation by means of openings to the
exterior which have the capability of being closed to the weather. Total openings
shall have an area at least 1/20 of the floor area of the room or 3 and 1/2 square
feet, whichever is greater.
b. A mechanical ventilation system shall be allowed in lieu of
openings for natural ventilation. Such system shall create a positive pressure in
the room and the air intake shall be connected directly to the outside and be
capable of 2 air exchanges per hour. In kitchens, the ventilation system may
create negative pressure. The air intake/exhaust source shall be located at least 3
feet above any opening which is within 10 feet of the air intake/exhaust.
c. Exterior doors may be used to meet natural ventilation
requirements.
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2. Bathrooms, Laundry Rooms, and other Nonhabitable Areas:
a. Except as provided in subsection B2b of this section, all bathrooms
and laundry rooms shall be provided with natural ventilation by means of
openings to the exterior which have the capability of being closed to the weather.
Such openings shall have a total area not less than 1/20 of the floor area of the
room, with a minimum of 1 and 1/2 square feet.
b. A mechanical exhaust system connected directly to the outside
shall be allowed in lieu of natural ventilation. The system shall be capable of
providing 5 air exchanges per hour. The exhaust air shall discharge at least 3 feet
above or 10 feet away from any air intake source. Toilet rooms may be ventilated
with an approved recirculation fan or similar device designed to remove odors
from the air.
c. Mechanical or convection venting of bathrooms into the attic shall
be acceptable. Recirculating fans may be used in toilet rooms only. Bathrooms
with tubs or showers shall have a convection or mechanical exhaust system.
d. Bathrooms constructed prior to 1970, which are vented with
convection vent openings extending to the outside shall meet the ventilation
requirement as long as the walls, ceiling and floor are not adversely affected by
moisture.
18.50.200: FIRE SAFETY; EGRESS:
A. Fire Safety: No hazard of fire or explosion shall be created or allowed to exist in
any building, premises, equipment or apparatus.
B. Exit and Emergency Egress:
1. Every existing dwelling unit shall have a safe, continuous and
unobstructed means of egress of a minimum ceiling height of 6 feet 4 inches and a
minimum egress width of 28 inches. Obstructions shall be allowed to 5 feet 10 inches
when the obstruction is not in the pattern of circulation and obstructions are not greater
than 20% of the floor area of the exitway. The exitway shall be kept in a proper state of
repair and maintained free of hazardous conditions and obstructions.
2. Every sleeping room located below the fourth story shall have at least one
openable window or exterior door approved for emergency egress or rescue. Every egress
window shall comply with the construction codes adopted in Section 18.04.040, unless
the size of the opening under such codes is not feasible then the opening shall have a
minimum of 3 and 1/2 square feet of openable space and clear opening dimensions of at
least 20 inches in one dimension and 24 inches in the other dimension. The escape
window must open directly into a yard or exit court, or into a public street or alley. When
windows are provided as a means of emergency egress or rescue, they shall have a
finished sill height of not more than 48 inches. If the distance from the floor to the
windowsill is more than 48 inches, a permanent ladder or platform attached to the wall or
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floor may be installed to meet the maximum height requirement. The ladder or platform
must be approved by the city.
3. For windows that are below grade, a window well shall run parallel to the
width of the window and extend at least 18 inches out from the exterior face of the
building. When the distance from the top of the window well to its bottom exceeds 48
inches, it shall be equipped with an approved permanently affixed ladder or stairs that are
accessible with the window in the fully open position. Grates are permitted over window
wells when hinged away from the structure and not weighing over 15 pounds per section
of the grate.
4. Bars, grills, grates or similar devices may be installed on emergency
escapes or rescue windows or doors, provided such devices are equipped with approved
release mechanisms which are operable from the inside of the grate without the use of a
key or special knowledge or effort.
C. Stairs and Handrails: Stairs and rails shall meet the requirements of the means of
egress section of the applicable adopted state construction code with the following modifications:
1. If there are 4 or more risers, a handrail shall be required. Two handrails
shall be required when the width of the stairs is 48 inches or more. Stairways less than 48
inches in width or stairways serving one individual dwelling unit in group R, division 1
or 3 occupancy, or a group R, division 3 congregate residence may have one handrail.
Handrails are not required for monumental stairs.
2. Handrails shall be placed not less than 30 inches nor more than 38 inches
above the outermost edge of the tread. Handrails for existing stairs are not required to
extend beyond the top or bottom stair tread.
3. Stairs shall have a maximum riser height of 9 inches and a minimum step
run of 8 inches. Existing stair flights may have a maximum variation in rise and run of 2
inches at the top and bottom of the flight. A maximum of 1 inch variation of rise and run
shall be allowed for all intermediate risers and treads. Stairs shall be level and shall
comply with life safety standards as defined herein.
4. Winding, circular and spiral stairs may run to narrow to a point. The run
shall measure 8 inches (12 inches from the narrow point).
5. There shall be no minimum rise or run requirement nor maximum
variation in the rise and run for stairs leading only to mechanical, storage, utility, and
nonhabitable rooms in any residential structure and laundry rooms in individual dwelling
units provided the stairs are structurally sound.
6. Steps shall be maintained in a safe manner. Missing steps, steps which are
deteriorated to the point that a foothold is difficult to maintain, staircases which have
missing boards, and/or staircases which contain boards that have lost their structural
integrity shall be repaired to a safe condition.
7. Interior and exterior stairs shall have a minimum headroom height of 6
feet 4 inches so long as there are electrical powered smoke detectors installed pursuant to
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the construction codes adopted in Section 18.04.040, except for stairs to mechanical or
storage rooms, utility and nonhabitable rooms in any residential structure and laundry
rooms in individual dwelling units, which have no minimum headroom height. Within
stairways obstructions shall be allowed to 5 feet 10 inches when the obstruction is not in
the pattern of circulation and obstructions are not greater than 20% of the floor area of the
stairway.
8. Stairs in the interior or exterior of an existing building where stair jacks
are replaced or more than 50% of the tread or risers are replaced shall meet the
requirements of the applicable adopted state construction code.
9. A stair tread, stair support, stair riser, landing or railing which is either
missing or so severely in disrepair or damaged that it cannot support its intended live and
dead loads shall be repaired.
10. Interior stair landings shall have a minimum width of 28 inches and a
minimum length in the direction of travel of 30 inches.
D. Guardrails:
1. Guardrails shall be required for all balconies, porches, patios and open
stairs more than 30 inches above or below grade. Guardrails shall also be required for any
grade change more than 30 inches next to a walking surface. Guardrails shall not be less
than 42 inches in height, except for guardrails serving private dwelling units, which shall
have a minimum height of 36 inches. Guardrails may have a minimum height of 36
inches if the building was built before 1970. Guardrails having a height less than 36
inches shall be allowed if they were installed as part of the building's original
construction and are not a replacement. For structures which are on the historic register or
are contributory structures located within one of the city's historic districts, height of
existing and replacement guardrails may be determined based upon standards adopted by
the city's historic landmark committee.
2. Guardrails shall have intermediate rails or an ornamental pattern such that
there is no open area in excess of 4 inches in diameter. The diameter of such open space
may be 9 inches for buildings built before 1985, and 6 inches for those built between
1985 and 1991.
E. Smoke Detector Requirements:
1. When smoke detectors are required in dwelling units by the applicable
adopted state construction code, the detectors shall be mounted on the ceiling or wall at a
point centrally located in the hallway or area giving access to rooms used for sleeping. In
efficiency dwelling units, the detector shall be centrally located on the ceiling or wall of
the main room or sleeping room.
2. Where sleeping rooms are on an upper level, the detector shall be placed at
the ceiling or wall directly above the stairway immediately outside the bedrooms. Wall
mounted detectors shall be a minimum of 4 inches and maximum of 12 inches from the
ceiling, but no detector shall be mounted within 12 inches of any corner formed by the
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meeting of walls, ceilings or beams unless manufacturer's listing specifies otherwise.
When activated, the detector shall provide an alarm in the dwelling unit.
3. When one or more sleeping rooms are added to or created within a
structure, smoke detectors shall be installed in compliance with the manufacturer's listing
and shall receive their primary power from the building wiring in compliance with the
applicable adopted state construction code.
4. All habitable rooms having a ceiling height of less than 7 feet 6 inches
shall have installed a 120 volt electrical powered smoke detector.
F. Fire Resistive Separations: Walls or ceilings separating dwelling units from each
other and from hazardous uses shall be maintained in their original condition with all
penetrations sealed or covered with an approved material. These separations include walls and
ceilings separating a garage from a dwelling unit or common area and walls and ceilings
separating furnace rooms in structures containing 3 or more dwelling units. When 50% or more
of a wall or ceiling is removed for any reason, the entire wall or ceiling shall be reconstructed to
meet the requirements of the applicable adopted state construction code for one hour occupancy
separation.
18.50.210: PLUMBING:
A. Minimum Requirements:
1. Unless provided otherwise in this chapter, plumbing, piping and fixtures
shall be in accordance with the code in effect at the time of installation.
2. Plumbing, piping and fixtures shall have no leaks and shall be maintained
in good condition. All waste lines shall be connected to an approved sewer system.
3. The minimum plumbing fixtures required for dwelling units are a
bathroom sink, toilet, tub or shower, and kitchen sink.
4. Cold running water shall be plumbed to each toilet. Hot water shall be
supplied to plumbing fixtures and plumbing appliances intended for bathing, washing or
culinary purposes.
5. A space without obstruction from floor to ceiling of not less than 12
inches shall be in front of all toilets. Toilets shall be located in a space without
obstruction from floor to ceiling of not less than 22 inches in width. No encroachments of
these dimensions are permitted.
6. Where vents do not exist for plumbing fixtures meeting the applicable
codes in effect at the time of their installation, vents need not be installed when the
plumbing fixture or trap and trap arm is replaced providing the sewer line is not altered.
B. Water Heaters: Water heaters shall comply with the construction codes adopted in
Section 18.04.040 or the construction code in effect at the time of installation.
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C. Cross Connections: In order to protect against contamination of the water supply
through cross connections, all water inlets for plumbing fixtures shall be located above the flood
level rim of the fixture. Hoses or handheld shower heads shall not be attached in any manner that
would permit water contamination during reverse pressure. Water supply pipes provided with an
approved backflow preventer or antisiphon device shall be permitted. Handheld shower heads
shall be permitted when provided with a permanently mounted holder attached to the wall or
shower pipe, or when an antisiphon device is installed. Water faucet outlets below the overflow
rim of the fixture shall be permitted until the faucet is replaced. A new fixture shall not be
installed where it would create a cross connection.
D. Drains:
1. Drain traps shall meet standards of the applicable adopted state
construction code. Existing traps shall be allowed as originally designed. If the trap has
been modified it shall be replaced with an approved trap, and a vent shall be added as
required by the applicable adopted state construction code.
2. All open entrapped sewer lines and outlets shall be capped with an
approved cap.
E. Fixture Requirements: Every kitchen sink, tub, shower and toilet shall be
provided with the minimum water pressure and quantities required by the codes adopted
pursuant to Section 18.04.040.
F. Bathrooms in Rental Dwelling Units: Each rental dwelling unit shall have a
bathroom within the dwelling unit. Every toilet and bathtub or shower required by this code shall
be in a room which will afford privacy to the occupant.
G. Congregate Housing:
1. The minimum plumbing fixtures required for congregate housing are a
sink, toilet, and tub or shower for each 10 occupants or portion thereof and a kitchen sink.
Bathrooms shall have installed a door with privacy lock.
2. Congregate housing that does not provide private toilets, sinks, bathtubs or
showers shall have on each floor, accessible from a public corridor, at least one toilet, one
sink, and one bathtub with shower or one separate shower for each 10 occupants or
portion thereof. For each additional 10 occupants, or portion thereof, an additional one
toilet, one sink and one bathtub or shower accessible from a public corridor shall be
provided.
18.50.220: MECHANICAL:
A. Mechanical Equipment:
1. Existing Installations: Mechanical systems lawfully in existence at the
time of the adoption of this code may have their use, maintenance or repair continued if
the use, maintenance or repair is in accordance with the original design and location and
no hazard to life, health or property has been created by such mechanical system.
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2. Compliance: All mechanical equipment shall be in accordance with the
code in effect at the time of installation.
3. Maintenance: All mechanical equipment shall be properly maintained and
shall be operated in a safe manner.
B. Heating:
1. Temperature: Heating shall be provided by a permanently installed heating
system capable of heating all habitable rooms and bathrooms to a minimum of 68°, which
shall be measured in the center of the room at a height of 3 feet from the floor.
2. Air Return: A return air duct which serves more than one dwelling unit
shall not be permitted. A duplex or multiple dwelling unit legally constructed before 1970
may have an existing common air return continued if a listed smoke detector fan shutoff
is installed in the return air duct.
3. Fuel Burning Appliances:
a. Except for direct vented appliances, gas furnaces and gas water
heaters shall not be permitted in bedrooms, in bathrooms or in closets accessed
only from a bedroom or a bathroom. Existing furnace rooms with access only
through an existing bedroom may continue to exist when a 120 volt smoke
detector is installed in the bedroom and relayed to a smoke detector installed in
the furnace room. All combustion air is to be supplied from outside air.
b. Gas shutoff valves are required on all gas appliances. Shutoff
valves shall be installed in accordance with the applicable adopted state
construction code.
c. All fireplaces, wood burning stoves, and all other appliances
producing combustible gas byproducts shall be connected to an operating
chimney or approved flue. All flues and vents shall be installed in compliance
with EPA requirements and the requirements of the applicable adopted state
construction code in effect at the time of installation.
d. All fuel burning appliances shall be provided with combustion air
per the requirements of their listing and with the applicable adopted state
construction code in effect at the time of their installation.
e. All fuel burning appliances shall be provided with listed clearances
and maintained in good working condition and in accordance with their listing.
f. All ventilation fans shall be installed according to their listing and
maintained in good working condition.
g. All ducts and vents shall be maintained according to original
installation requirements.
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18.50.230: ELECTRICAL:
A. Safety: All electrical equipment, wiring and appliances shall be properly installed,
maintained and used in a safe manner. Unless provided otherwise in this chapter, all electrical
wiring and equipment shall be in accordance with the electrical code in effect at the time of
installation. All conductors shall be protected by fuses or circuit breakers that are adequately
sized.
B. Electrical Equipment: Electrical equipment shall not exceed the load capacity of
the service and branch circuits shall have adequately sized circuit breakers or fuses.
C. Facilities Required: The following electric facilities must be furnished at a
minimum and must be operable:
1. Service: The minimum main service to any dwelling unit shall be 60
amperes. Existing dwelling units with electrical services less than 60 amps per dwelling
unit which have no special electrical service loads, such as air conditioners, ranges,
heating units and clothes dryers may continue to be operated without upgrading the
service.
2. Branch Circuits: Circuits supplying air conditioners, ranges, cooktops,
stoves and heating appliances shall meet the requirements of the NEC. Branch circuits
shall not be overfused.
3. Receptacles: Every habitable room shall contain at least two electrical
receptacles or one electrical light fixture and one electrical receptacle. Grounding type
receptacles shall only be used when connected to a grounding system. Existing
nongrounding type receptacles may be replaced with grounding type receptacles where
protected by a ground fault circuit interrupter.
D. Upgrading Facilities:
1. Service: When remodeling work is done, the service must be upgraded if
required by the NEC.
2. Circuits: When new circuits, outlets, switches, wiring and service panels
are being installed, the installation shall meet the requirements of the NEC.
3. Receptacles: Wiring, receptacles and switches may be replaced without
upgrading so long as circuits are not overloaded.
E. Lighting:
1. Dwelling Units: Every toilet room, bathroom, laundry room, furnace
room, interior stairway and hall shall contain at least one permanently mounted electric
light fixture.
2. Apartments, SROs and Congregate Housing:
a. Lighting in the common areas shall be as follows: Aisles,
passageways, stairwells, corridors, exitways and recesses related to and within the
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building complex shall be illuminated with a minimum of a 40 watt light bulb or
equivalent for each 200 square feet of floor area; provided, that the spacing
between lights shall not be greater than 30 feet. Structures containing three
dwelling units or less shall not be required to provide exit lighting when no
lighting outlet has been previously provided.
b. Every furnace room shall contain at least one electric lighting
fixture.
c. Open parking lots and carports shall be provided with a minimum
of one foot-candle of light on the parking surface during the hours of darkness.
Lighting devices shall be protected by weather resistant covers and shall not cast
glare on neighboring properties.
F. General:
1. All electrical panels, boxes, outlets and lighting fixtures shall have proper
covers.
2. Flexible cords, as defined in the NEC, shall be used only according to
their listing and shall not be installed as permanent wiring or strung across exitways.
18.50.240: ENERGY CONSERVATION REQUIREMENTS:
A. Upgrading: Existing residential units shall be upgraded whenever any of the
following events occur:
1. Whenever wallboard, plaster or other finish material is removed which
exposes wall cavities of foundations, exterior walls, floors or ceilings, these spaces shall
be insulated to the degree it is practical. Where attic and crawl space areas are insulated,
the space shall be ventilated as per the currently adopted applicable state construction
code.
2. Where insulation increases the accumulation of snow, and the snow load
capacity of the roof structure is exceeded, the roof members shall be upgraded to
withstand the additional loads.
3. When access is available to foundations of existing structures, foundations
shall be insulated to the standard required by the applicable Utah energy code when
remodeling of the structure is initiated.
4. When boarded structures are renovated for reoccupancy, the structure shall
be insulated to the following standards when wall, ceiling, roof or floor cavities are open
or accessible: wall, R-11; ceilings and roofs, R-32; floors, R-7. Thermal resistance "R"
shall have the meaning as defined in the Utah energy code.
5. When new habitable space is created within an existing building envelope,
all such spaces shall be insulated to the current Utah energy code standards.
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6. All replacement windows shall be double pane. Replacement glass for
structures which are on the historic register or are contributory structures located within
one of the city's historic districts may be determined based upon standards adopted by the
city's historic landmark committee. Replacement metal windows shall have a thermal
break. Single pane replacement glass may be installed on windows not designed to accept
double pane glass.
7. All exterior door replacements shall be weather stripped.
8. New mechanical equipment installed shall meet a minimum of 80%
efficiency.
9. Except for the other applicable requirements of this chapter, when a new
addition is made to an existing residential structure, only the addition shall be made to
comply with current Utah energy code standards.
B. Exterior Door and Window Seals:
1. Exterior doors and windows shall be weathertight. If broken, all panes
shall be replaced with glazing in compliance with the applicable adopted state
construction codes.
2. All doors and windows shall be properly caulked and weatherproofed.
SECTION 12. Repealing the text of Salt Lake City Code Chapter 18.52. That Chapter
18.52 of the Salt Lake City Code (Technical Building Specifications: Mechanical Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.52
MECHANICAL REGULATIONS
18.52.010: DEFINITIONS:
For the purpose of this title:
ENERGY USING EQUIPMENT: That which is designed, constructed, erected or altered to
operate by the use of fuel and/or power and shall include any devices and appurtenances or
appliances, materials, ducts, pipes, piping, venting, gas piping, valves, fittings, fans, blowers and
burners necessary to the performance of such functions that shall create comfort heating and/or
cooling or power for work services.
MECHANICAL SYSTEM: Means and shall include, but not be limited to, any heating, comfort
cooling, ventilation and refrigeration systems, or energy using equipment.
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18.52.020: UNIFORM MECHANICAL CODE ADOPTED:
The edition of the uniform mechanical code, as adopted by the Utah uniform building code
commission, is adopted by Salt Lake City as an ordinance, rules and regulations of Salt Lake
City subject to the amendments and exceptions thereto as hereinafter set out, one copy of which
code shall be filed for use and examination by the public in the office of the city recorder.
Hereafter all references in this code to the uniform mechanical code shall mean the said edition
adopted by the Utah uniform building code commission.
18.52.040: MANUAL ON RECOMMENDED GOOD PRACTICES ADOPTED:
"Recommended Good Practices For Gas Piping Appliance Installation, And Venting", Mountain
Fuel Supply Company, revision of June 1980, is adopted by Salt Lake City as an ordinance, rules
and regulations of the city, subject to the amendments and exceptions thereto as hereinafter set
out, three (3) copies of which code have been filed for use and examination by the public in the
office of the city recorder.
18.52.050: MECHANICAL PERMIT FEES:
A. Any person desiring a permit required by this code shall, at the time of filing an
application therefor, pay the fee shown on the Salt Lake City consolidated fee schedule to the
city treasurer before the permit is valid. The basic fee for each permit requiring inspection is
shown on the Salt Lake City consolidated fee schedule. In addition, the fee for each individual
specialty item is shown on the Salt Lake City consolidated fee schedule.
SECTION 13. Repealing the text of Salt Lake City Code Chapter 18.56. That Chapter
18.56 of the Salt Lake City Code (Technical Building Specifications: Plumbing Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.56
PLUMBING REGULATIONS
18.56.010: UNIFORM PLUMBING CODE ADOPTED:
The uniform plumbing code, 1988 edition, published by the International Association Of
Plumbing And Mechanical Officials as a code in book form, three (3) copies of which have been
filed for use and examination by the public in the office of the city recorder, is hereby adopted,
except as such code may be altered or modified by the provisions of the ordinances of Salt Lake
City.
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18.56.020: PLUMBING SYSTEM DEFINED:
"Plumbing system" means all potable water supply and distribution pipes, all plumbing fixtures
and traps, all drainage and vent pipes, and all building drains and appurtenances within the
property lines of the premises except: a) fixed lawn sprinkler systems beyond backflow
prevention devices, and b) building sewers and private wastewater disposal systems three feet
(3') or more beyond the outside walls of buildings. Included also are potable water treating or
using equipment and water heaters.
18.56.030: WATER SUPPLY PORTION OF PLUMBING SYSTEM:
The water supply portion of the plumbing system shall be considered to extend from the meter
box (or the property line in the absence of a meter) to and throughout the building, terminating at
an approved backflow prevention device or devices serving fixed lawn sprinklers. Included also
are fire prevention and firefighting piping and equipment.
18.56.040: PLUMBING PERMIT FEES:
A. Before a permit shall be valid, permit fees shall be paid to the city treasurer. The
basic fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
consolidated fee schedule.
B. Fees for fire extinguishing systems shall be paid to the city treasurer as shown on
the Salt Lake City consolidated fee schedule.
18.56.050: HOT WATER CAPACITY FOR RESIDENTIAL UNITS:
All single-family residences which have central water heating units shall deliver a minimum
capacity of thirty (30) gallons of one hundred forty degree Fahrenheit (140°F) water. Multiple
units shall have a central water heating unit which shall deliver a minimum capacity of thirty
(30) gallons of one hundred forty degree Fahrenheit (140°F) water per residential unit, when a
central water heating unit is installed.
18.56.060: LOW FLUSH TOILETS; REQUIRED FOR BUILDING PERMIT:
After the effective date hereof, no building permits shall be issued for new construction or
remodeling of hotels, motels, apartment houses, dwellings or other structures which have toilets
or water closets which use more than four (4) gallons of water per flush. Any toilets or water
closets installed prior to said effective date shall meet the standards of this section when
replaced. All fixtures installed pursuant to the provisions of this chapter shall be of a design such
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that the walls of the toilet or water closet bowl are thoroughly washed and contents discharged
with each flush.
18.56.070: LOW FLUSH TOILETS; ON WATERSHED PROPERTY:
After January 1, 1982, any toilets installed prior to the effective date hereof which are located on
watersheds in Salt Lake County, or canyons contiguous to these watersheds, shall be replaced
with toilets or water closets which meet the standards for new construction or remodeling
specified in section 2-5-29 of the revised ordinances of Salt Lake County, 1965, or its successor,
as amended.
18.56.080: FLOOR DRAINS; DUAL FLANGE AND SAFE PANS REQUIRED:
All floor drains, area drains and indirect waste receptors installed on any floor level other than
slab on grade shall have a dual flange and safe pans installed, with a minimum of thirty six
inches (36") square of approved material, unless they are part of an original pour of concrete.
18.56.100: SOVENT PLUMBING SYSTEMS:
"Sovent" is an engineered drainage plumbing system that does not meet conventional code
requirements as found in the uniform plumbing code, 1988 edition, as adopted by section
18.56.010 of this chapter, or its successor section. The system is based on the combined
hydraulic/pneumatic flow and performance characteristics of drainage plumbing products, and
will be allowed for use in the city under the following provisions:
A. Certification: The proprietor(s) of the engineered system shall certify that the
plans meet the design requirements and shall also certify at the completion of the installation that
they have inspected the system and that the system complies with the approved plans;
B. Submittal Of Calculations: Submit hydraulic and pneumatic calculations for the
proposed system before a permit is obtained;
C. Offsets: A double offset shall be installed in the stack on floor levels where no
fixture or branch connections are made;
D. Deaerator Fitting: A deaerator fitting shall be located as close as possible to the
base of the stack. No branch or fixture connections are permitted on this system downstream
from the deaerator fitting. A full size bottom pressure relief line shall connect the deaerator
fitting to the building drain at least ten (10) pipe diameters downstream from the base of the
stack through a wye fitting rolled above the centerline. The full size bottom pressure relief line
shall be provided with an accessible upper terminal cleanout;
E. Prohibited Attachments: Pumpout, blowout, garbage disposal, clothes washing
machine, or outlets from grease traps are prohibited in this system;
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F. Cleanouts: Accessible cleanouts shall be provided in all horizontal drains.
Cleanouts shall be provided for each aggregate change of direction exceeding one hundred thirty
five degrees (135°);
G. Conventional Plumbing: Vents from conventional plumbing and pressure
equalizing line vents from a sovent system shall not connect to the sovent stack below other
drainage fittings;
H. Future Alterations: No alteration may be made without prior written permission
from the division of building and housing services, and no provisions for future openings will be
permitted on this system. This system shall be properly identified on each installation site. All
buildings of B-2 occupancies with more than eight thousand (8,000) square feet per floor shall
provide at least one 4-inch waste stack and one 4-inch vent stack for any alteration or additions.
18.56.105: MISCELLANEOUS PLUMBING REQUIREMENTS:
A. Overflow roof drains shall not be connected to the primary roof drain lines.
B. Overflow roof drains shall drain to a point where they can be easily seen for early
problem detection.
C. Fill valves for fire sprinkler storage tanks shall be equipped with an approved air
gap on reduced pressure backflow preventer.
D. Safe pan drains shall be no smaller than one and one-half inches (11/2") unless
first approved by the administrative authority.
E. Trough drains are prohibited unless first approved by the administrative authority.
F. Drainage for gravity dump washers shall be by direct hookup to the building drain
or to a sealed sump connected to the building drain. There shall be a floor drain immediately
downstream of each gravity dump washer hookup.
18.56.110: UNSANITARY CONSTRUCTION AND CONDITIONS:
Any portion of a plumbing system or any construction or work regulated by this title found or
determined to be unsanitary, as defined in this title, or otherwise a menace to life, health or
property, is hereby declared to be a public nuisance.
SECTION 14. Amending the text of Salt Lake City Code Chapter 18.64. That Chapter
18.64 of the Salt Lake City Code (Additional Regulations: Demolition) shall be, and hereby is
amended as follows:
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CHAPTER 18.64
DEMOLITION
18.64.005: PURPOSE AND INTENT:
A. The purpose of the provisions in this chapter is to:
1. Promote the public welfare by maintaining the integrity and continuity of
the urban fabric and economic vitality;
2. Provide an orderly and predictable process for demolition of buildings and
structures when appropriate;
3. Ensure demolition occurs safely;
4. Protect utilities and other infrastructure from damage during demolition;
5. Provide for enforcement of timely completion of demolition and for
improvement of property following demolition to ensure the site is not detrimental to the
use and enjoyment of surrounding property;
6. Provide for enforcement and maintenance of property to avoid purposeful
demolition by neglect; and
7. Encourage preservation of the city's housing stock where appropriate.
B. A primary intent of the city council with respect to this chapter is to promote
responsible re-use of existing housing stock where practical and provide an orderly process for
demolition where it is not practical or cost efficient to rebuild/reuse. Accordingly, the council
finds that it is in the public interest to require existing buildings to be maintained in a manner
that does not constitute a public nuisance until replaced by new construction, except as otherwise
permitted by this code.
18.64.010: PERMIT REQUIRED:
It is unlawful to demolish any building or structure in the city, or cause the same to be
demolished, without first obtaining a permit for demolition of each such building or structure
from the city building official as provided in this chapter.
18.64.020: APPLICATION FOR PERMIT:
To obtain a permit for demolition, an applicant shall submit an application in writing on a form
furnished by the building official for that purpose. Each application shall:
A. Identify and describe the type of work to be performed under the permit;
B. State the address of the structure or building to be demolished;
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C. Describe the building or structure to be demolished including the type of use, type
of building construction, size and square footage, number of stories, and number of residential
dwelling units (if any);
D. Indicate the method and location of demolished material disposal;
E. Identify the approximate date of commencement and completion of demolition;
F. Indicate if fences, barricades, scaffolds or other protections are required by any
city code for the demolition and, if so, their proposed location and compliance;
G. State whether fill material will be required to restore the site to level grade after
demolition and, if required, the approximate amount of fill material;
H. If the building or structure to be demolished contains any dwelling units, state
whether any of the dwelling units are presently occupied; and
I. State the proposed use of the premises following demolition. If new construction
is proposed following demolition, state the anticipated start date and whether any development
applications have been submitted to and/or approved by the city.
J. Affirm that the property will comply with the landscaping requirements for the
zoning district that the property is located in as required under the provisions of Chapter 21A.48.
18.64.030: FEES AND SIGNATURE:
A. The permit application shall be signed by the party or the party's authorized agent
requesting the permit. A signature on the permit application constitutes a certification by the
signee that the information contained in the application is true and correct.
B. The fee for a demolition permit application shall be as shown on the Salt Lake
City consolidated fee schedule.
C. An additional fee for the cost of inspecting the property to determine compliance
with the requirements of this chapter and to assure the property is kept free of weeds and junk
materials shall be collected in the amount shown on the Salt Lake City consolidated fee schedule.
18.64.040: ISSUANCE OF DEMOLITION PERMIT:
A. A demolition permit may be issued only upon completion of an application in
accordance with Section 18.64.020 herein; or the building official or fire marshal orders
immediate demolition:
1. Due to an emergency as provided in Chapter 18.64; or
2. Because the premises have been damaged beyond repair because of a
natural disaster, fire, or other similar event; or
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3. The building official or fire marshal authorizes immediate demolition
because clearing of land is necessary to remove a nuisance as defined in this code or
Section 76-10-801 et seq., Utah Code or its successor.
B. If proposed demolition involves a landmark site, a contributing structure, or a
structure located in the H Historic Preservation Overlay District, as provided in Section
21A.34.020 of this code, or its successor, a demolition permit shall be issued only upon
compliance with applicable provisions of that section or its successor.
18.64.045: DEMOLITION BY NEGLECT:
The owner of a boarded building shall maintain the exterior of the building as provided in
Sections 18.48.235 and 18.50.140.
18.64.050: RESIDENTIAL DEMOLITION NOTICE
A. If the structure for which a demolition permit is sought contains one or more
dwelling units, whether or not occupied, upon issuance of a demolition permit, the building
official shall cause to be recorded against title to such real property in the official records of Salt
Lake County a notice that contains the following information:
1. Information about the demolished property as required by the city,
including the number of dwelling units and respective number of bedrooms, and the amount of
rent charged in the year prior to the demolition, and the level of affordability if the rent is a
below market rate.
2. Notice that the future development of the property may have specific
development requirements under the City code, including without limitation the city’s
community benefit policies in chapters 19 and 21A.50.050.
18.64.070: PREDEMOLITION SALVAGE PERMITS:
A. A predemolition salvage permit shall be required for removal of doors, windows,
special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks,
marble, or similar materials on the exterior or interior of any building prior to demolition of the
structure. A predemolition salvage permit may be issued only contemporaneously with, or after,
city approval of:
1. A building permit for new construction on the premises following
demolition, or
2. A demolition permit.
B. A predemolition salvage permit fee shall be as shown on the Salt Lake City
consolidated fee schedule.
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18.64.080: EXPIRATION; DILIGENCE:
A demolition permit shall expire 45 calendar days from the date of issuance, unless a completion
date allowing more time is requested and approved by the building official at the time of
application. A demolition permit may be renewed upon request prior to expiration with approval
of the building official for 1/2 of the original permit fee, provided continuous progress is being
made. If a permit is allowed to expire without prior renewal, any subsequent request for
reinstatement shall be accompanied by a reinstatement fee equal to the original demolition
permit fee.
18.64.090: QUALIFICATIONS TO DO WORK:
A. It shall be unlawful for demolition work permitted under this chapter to be
performed except by a contractor having a general contractor or demolition license in good
standing issued by the Division of Occupational and Professional Licensing in the Utah
Department of Commerce.
B. Salvage work under a predemolition salvage permit may be done without a
contractor's license provided all other applicable conditions of this chapter are met.
18.64.100: DEMOLITION REQUIREMENTS:
A. Prior to the commencement of any demolition or moving, the permittee shall plug
all sewer laterals at or near sidewalk lines as staked out by the department of public utilities. No
excavation shall be covered until such plugging is approved by the department or by the building
official. The permittee shall further ensure all utility services to the structure and/or premises
have been shut off and meters removed prior to commencement of demolition work.
B. When the applicant indicates the demolition will require more than 30 days to
complete, and where required by the building official for the safety of the public, the applicant
shall also provide plans to fence the demolition site so that it is inaccessible to unauthorized
persons in a manner acceptable to the building official. The building official may waive the
fencing requirement if it is determined that fencing would be inappropriate or unnecessary to
protect safety or health.
C. A permit for demolition shall require that all materials comprising part of the
existing structure(s), including the foundation and footings, be removed from the site. Unless
otherwise approved under a building permit for redevelopment of the site, the depression caused
by the removal of such debris shall be filled back and compacted to the original grade, as
approved by the building official, with fill material excluding detrimental amounts of organic
material or large dimension nonorganic material.
D. Permitted demolition work, including filling and leveling back to grade and
removal of required pedestrian walkways and fences, shall be completed within the permit period
unless the building official finds that any part of the foundation of building or site will form an
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integral part of a new structure to be erected on the same site for which plans have already been
approved by the division. In such event, the building official may approve plans for appropriate
adjustments to the completion time and may impose reasonable conditions including the posting
of a bond, erection of fences, securing, or similar preventions to ensure the site does not create a
hazard after the demolition is completed.
18.64.110: RELATIONSHIP TO OTHER ORDINANCE:
Provisions of this chapter shall be subordinate to any contrary specific provisions of Title 21A,
Chapter 21A.34 of this code, dealing with demolition in historic districts, or its successor.
18.64.120: VIOLATIONS:
A. It is unlawful for the owner of a building or structure to violate the provisions of
this chapter. Each day a violation occurs shall be a separate offense.
B. Violation of the provisions of this chapter shall be punishable in accordance with
Chapter 18.24.
ARTICLE II. EMERGENCY DEMOLITION
18.64.130: PURPOSE:
Notwithstanding the other provisions of this chapter, the process for demolishing buildings in an
emergency situation shall be as provided by this article.
18.64.140: EMERGENCY DEMOLITIONS APPLICABILITY:
A. If the building official determines that the walls or roof of a building or structure
are collapsing, either in whole or in part, or in imminent danger of collapsing in such a way as to
fall on other structures, property, or public rights of way, are a public nuisance, create a danger
to persons who may enter the property, or create a danger of fire, the building official may issue
an order that the building should be demolished pursuant to this article. A notice and order
reflecting this determination shall be issued and delivered in accordance with Section 18.24.040.
B. If the city’s fire marshal determines that a building or structure that has been
affected by fire presents an impermissible danger to persons who may enter the property, then
the fire marshal may issue an order that the building should be demolished pursuant to this
article. A notice and order reflecting this determination shall be issued and delivered in
accordance with Section 18.24.040.
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C. If the building official or fire marshal declares an emergency demolition the
requirements of Section 21A.34.020.F, or its successor, shall not apply.
18.64.150: RESERVED
18.64.160: BILL FOR COSTS; COLLECTION:
A. Permitted Recovery of Costs: If the building official or designee causes the
emergency demolition of a building pursuant to a notice issued under Section 18.64.140, after
the property owner received at least 10 days’ notice in which to complete demolition and failed
to do so, the division may collect the city’s abatement costs which shall include the cost of the
demolition contractor, costs of any environmental testing or environmental controls over
demolition materials, and a reasonable amount to pay the costs of city personnel involved in the
demolition, by filing a property tax lien, as set forth in this section.
B. Itemized Statement of Costs: Upon completion of the demolition work, the
building official or designee shall prepare an itemized statement of costs and mail it to the
property owner by certified mail or using any reputable mail tracking service that is capable of
confirming delivery, demanding payment within 30 days of the date the statement is post
marked.
C. Form of Itemized Statement of Costs: The itemized statement of costs shall
include:
1. The address of the property at issue;
2. An itemized list of all expenses incurred by the division, including
administrative costs;
3. A demand for payment;
4. The address where payment is to be made;
5. Notification that failure to timely pay the expenses described in the
itemized statement may result in a lien on the property in accordance with this chapter
and Utah Code Section 10-11-4 or its successor;
6. Notification that the property owner may file a written objection to all or
part of the statement within 20 days of the date the statement is postmarked; and
7. Where the property owner may file the objection, including the name of
the office and the mailing address.
D. Delivery of Statement of Costs: The itemized statement of costs described in
Subsection C shall be deemed delivered when mailed by certified mail or by any reputable mail
tracking service that is capable of confirming delivery addressed to the last known address of the
property owner, according to the records of the county recorder.
E. Objection to Statement of Costs: A property owner may appeal the statement of
costs to the fines hearing officer pursuant to Section 18.12.050.
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F. Failure to Object or Pay: If the property owner fails to make payment of the
amount set forth in the itemized statement within 30 days of the date of the mailing of that
statement, or to file a timely objection, then the division may certify the past due costs and
expenses to the Salt Lake County Treasurer.
G. Failure to Pay After Objection Hearing: If the property owner files a timely
objection but fails to make payment of any amount ordered by the fines hearing officer, the
inspector may certify the past due costs and expense to the Salt Lake County Treasurer.
H. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
the district court, is a lien on the property, and shall be collected by the Salt Lake County
Treasurer at the time of the payment of general taxes.
I. Release of Lien: Upon payment of the amount set forth in the itemized statement
of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
general tax receipt issued by the county.
SECTION 15. Amending the text of Salt Lake City Code Section 18.68.160. That Section
18.68.160 of the Salt Lake City Code (Additional Regulations: Floodplain Hazard Protection:
Mandatory and Prohibitionary Nature of Chapter) shall be, and hereby is amended as follows:
18.68.160: MANDATORY AND PROHIBITIONARY NATURE OF CHAPTER:
It is unlawful for any person, firm or corporation to perform any act prohibited by this chapter or
to fail to perform any act or comply with any requirement of this chapter or to aid or abet therein,
or to fail or refuse to comply with any valid order called by the specified officials responsible to
administer the provisions of this chapter. No permits shall be issued to any applicant during the
time he/she shall fail to correct defective work or noncomplying work or violation exists after
written notice by the official responsible for the permit or their designee.
SECTION 15. Amending the text of Salt Lake City Code Chapter 18.76. That Chapter
18.76 of the Salt Lake City Code (Additional Regulations: Mobile Home Parks) shall be, and
hereby is amended as follows:
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CHAPTER 18.76
MOBILE HOME PARKS
18.76.010: DEFINITIONS:
For the purposes of this chapter, the following definitions shall apply:
CABANA: A room enclosure erected or constructed adjacent to a mobile home for residential
use by the occupant of the mobile home.
DEPENDENT RECREATIONAL VEHICLE: A unit other than a self- contained unit.
HOOKUP: The arrangement and connection of parts, circuits and materials employed in the
connections required between the mobile home or recreational vehicle utility outlets and inlets
and the park service connections that make the mobile home or recreational vehicle operational.
MOBILE HOME: A factory assembled structure or structures equipped with the necessary
service connections and constructed to be readily mobile as a unit or units on its own running
gear, and designed to be used as a dwelling unit without a permanent foundation.
MOBILE HOME PARK: A contiguous parcel of land which, after having the approval of the
city planning commission, is used for the accommodation of occupied mobile homes.
MOBILE HOME SPACE OR LOT: A designated portion of a mobile home park designed for
the accommodation of one mobile home and its accessory buildings or structures for the
exclusive use of the occupants.
MOBILE HOME STAND OR PAD: That part of the mobile home space which has been
prepared and reserved for the placement of one mobile home.
MOTOR HOME: A self-propelled vehicular unit primarily designed as a temporary dwelling for
travel, recreational and vacation use.
PARK DRAINAGE SYSTEM: The entire system of drainage piping used to convey sewage and
other wastes from the mobile home or recreational vehicle drainage outlet connection, at the
mobile home or recreational vehicle site, to the property line connection with the sewer lateral
from the main line sewer.
PARK PLUMBING SYSTEM: Means and includes, but is not limited to, the park drainage and
water supply systems within the park property lines.
PARK WATER SUPPLY SYSTEM: All of the water supply piping within the park, and shall
extend from the water meter to the mobile home or recreational vehicle water supply system, and
shall include main and branch service lines, fixtures, devices, piping in service buildings, and
appurtenances thereto.
RAMADA: Any freestanding roof or shade structure installed or erected above an occupied
mobile home or any portion thereof.
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RECREATIONAL VEHICLE: A vehicular unit, other than a mobile home, primarily designed
as a temporary dwelling for travel, recreational and vacational use, which is either self-propelled
or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a
camp trailer, a truck camper, or a motor home.
RECREATIONAL VEHICLE PARK: A site, lot, tract or parcel of land upon which one or more
recreational vehicles are parked for temporary use as living quarters.
RECREATIONAL VEHICLE SPACE: A plot of ground within a recreational vehicle park to
accommodate one recreational vehicle.
RECREATIONAL VEHICLE STAND OR PAD: That part of the recreational vehicle space
which has been prepared and reserved for the placement of one recreational vehicle.
SELF-CONTAINED RECREATIONAL VEHICLE: A unit which:
A. Can operate independent of connections to external sewer, water and electrical
systems; and
B. Has a toilet and holding tank for liquid waste; and
C. Contains water storage facilities and may contain a lavatory, kitchen sink and/or
bath facilities connected to the holding tank; provided, however, that all facilities shall be in
sound operating condition, and further provided that it may be connected to external electric,
water and sewer systems.
SERVICE BUILDING: A building housing separate toilet and bathing facilities for men and
women and which may also have laundry facilities, flushing rim sink, and other facilities as may
be required by this title, and which shall be apart from the facilities within the mobile home or
recreational vehicle.
SEWER CONNECTION: All pipes, fittings and appurtenances installed to carry sewage from
the mobile home or recreational vehicle drain outlet to the inlet provided in the park drainage
system.
SEWER RISER PIPE: That portion of the park sewer lateral which extends vertically to the
ground elevation and terminates at each mobile or recreational vehicle space.
TRAVEL TRAILER: A vehicular, portable unit, mounted on wheels, not requiring a special
highway movement permit when drawn by a motorized vehicle, and:
A. Designed as a temporary dwelling for travel, recreational and vacation use; and
B. When factory equipped for the road, having a body width of not more than 8 feet
and a body length of not more than 32 feet.
WATER CONNECTION: All pipes, fittings and appurtenances from the water riser pipe
connection to the water inlet connection of the mobile home or recreational vehicle.
WATER RISER PIPE: That portion of the park water supply system which extends vertically to
the ground elevation and terminates at a designated point at each mobile home or recreational
vehicle space.
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18.76.020: RESERVED
18.76.030: PERMITS, LICENSE AND COMPLIANCE REQUIRED:
It is unlawful for any person to construct, maintain or operate a mobile home or recreational
vehicle park within the limits of the city unless such person complies with this title and all other
pertinent provisions of this code, and first obtains approval, permits and licenses as required.
18.76.040: RESERVED
18.76.050: CONSTRUCTION PERMITS REQUIRED; FEES:
Mobile home park construction permits required by the division shall be issued to properly
licensed contractors as follows:
A. A general building permit fee shown on the Salt Lake City consolidated fee
schedule, to be issued for pads, patio slabs, metal sheds (sheds to be installed by mobile home
occupant), curb, gutter, drives, piers, sidewalks, fence or wall, per mobile home space;
B. Electric meter stands or pedestals at the rate shown on the Salt Lake City
consolidated fee schedule;
C. The park plumbing system, including sewer and water risers, shall require the fee
shown on the Salt Lake City consolidated fee schedule, for each space;
D. All permanent buildings, swimming pools, etc., shall have permit fees assessed at
the regular and normal fee schedule;
E. Fire hydrants within the property lines shall require a permit fee shown on the Salt
Lake City consolidated fee schedule, for each hydrant.
18.76.060: RESERVED
18.76.070: RESERVED
18.76.080: LOT MARKERS:
The limits of each mobile home lot in a mobile home park shall be clearly marked on the ground
by permanent flush stakes, markers, or other suitable means.
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18.76.090: RESERVED
18.76.100: ADDITIONS AND REMODELING OF PARKS:
Existing mobile home and recreational vehicle parks may be enlarged or remodeled provided the
addition or remodel conforms to all the provisions of this title.
18.76.110: RESERVED
18.76.120: RESERVED
18.76.130: RESERVED
18.76.140: RESERVED
18.76.150: UNDERGROUNDING OF UTILITIES:
The complete distribution system or collection system of any utility shall be underground.
18.76.160: SEWER CONNECTIONS AND FEES:
All applicable fees set forth in the Salt Lake City consolidated fee schedule shall be paid prior to
occupancy of any mobile home, including those fees due to the engineering department for sewer
lateral connection from the property line to the sewer main line in the street.
18.76.170: STREET SURFACING REQUIREMENTS:
All streets shall be provided with a smooth, hard and dense surface which shall be durable and
well drained under normal use and weather conditions. The surface shall be maintained free of
cracks and holes, and its edges shall be protected by suitable means to prevent traveling and
shifting of the base.
18.76.180: STREETLIGHTS:
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Lighting shall be designed to produce a minimum of 0.1 foot- candle throughout the street
system. Potentially hazardous locations, such as major street intersections and steps or stepped
ramps, shall be individually illuminated with a minimum of 0.3 foot-candle.
18.76.190: LANDSCAPING:
Portions of a mobile home lot or recreational vehicle space not occupied by a mobile home or
recreational vehicle or accessory buildings or structures shall be landscaped or treated in such a
manner as to eliminate dust, weeds, debris and accumulation of rubbish.
18.76.200: UNLAWFUL AND HAZARDOUS USES:
No person shall use, permit, or cause to be used for occupancy or storage purposes in a mobile
home park a mobile home which is structurally unsound, which constitutes a hazard, or which
does not protect its occupants against the elements. All mobile homes are subject to Chapter
18.50.
18.76.210: VIOLATION; NOTICE TO DISCONTINUE:
Whenever any mobile home is being used contrary to the provisions of this chapter, the division
may pursue such enforcement methods as permitted by this title.
18.76.220: ENFORCEMENT OF PROVISIONS:
The division is hereby designated and authorized as the officers charged with the enforcement of
this chapter.
SECTION 16. Amending the text of Salt Lake City Code Chapter 18.80. That Chapter
18.80 of the Salt Lake City Code (Additional Regulations: Parking Lot Construction) shall be,
and hereby is repealed in its entirety as follows:
CHAPTER 18.80
PARKING LOT CONSTRUCTION
18.80.010: PARKING LOT DEFINED:
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"Parking lot" means an open area other than a street used for the parking of more than four (4)
automobiles, and available for public use, whether free, for compensation, or as an
accommodation for clients or customers.
18.80.020: PERMIT; REQUIRED FOR CONSTRUCTION; ISSUANCE CONDITIONS:
No parking lot or parking area shall be constructed without first obtaining a permit authorizing
such construction. No permit shall be issued without first securing the recommendations of the
city transportation engineer and no permit shall be issued until the applicant has complied with
the provisions of this chapter.
18.80.030: WALLS, SCREENING AND BUMPER CURB REQUIREMENTS:
The parking lot shall be provided with attractive walls, guardrails or screening shrubbery, at least
along the street side, to limit points of ingress and egress, to prevent encroachment of parked
vehicles on any sidewalk, and to improve the general appearance and, where necessary, with a
bumper curb parallel with the inside of the wall or guardrail at such distance that the wheels of
the motor vehicles in the parking lot are stopped prior to the motor vehicle's contact with the wall
or guardrail.
18.80.040: DRIVEWAY RESTRICTIONS:
Driveways must not exceed thirty feet (30') in width where they cross the sidewalk; adjacent
driveways must be separated by an island at least twelve feet (12') in width; and driveways must
be at least ten feet (10') from the property line of any intersecting street.
18.80.050: BUILDINGS FOR ATTENDANTS:
Attendant buildings must be located far enough from the entrance to prevent congestion at the
sidewalk, and must be constructed so as not to detract from the appearance of the surrounding
neighborhood. Every operator of a parking lot, before constructing or reconstructing, or locating
or relocating an attendant building, shall secure the approval of the city transportation engineer
and the city planning director.
18.80.060: SURFACING OF PARKING AREA:
Ground surfaces of the parking area shall be paved or hard surfaced.
18.80.070: LIGHTING FACILITIES; REQUIRED WHEN:
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Parking lots which are operated and open to use during the hours of darkness after one hour after
sunset shall be provided with lights and lighting facilities that will provide 0.03 watt per square
foot with incandescent light source, or 0.01 watt per square foot with either mercury vapor or
fluorescent light source, but in no event less than 0.2 foot-candle average maintained
illumination on the entire parking lot surface and an average ratio of six to one (6:1).
18.80.080: LIGHTING FACILITIES; PERMIT AND PLAN REQUIRED:
Before installing the lighting facilities required by section 18.80.070 of this chapter, or its
successor, and before altering or adding to any lighting facilities presently existing, the operator
of a parking lot shall first make application to the building official for a permit, and shall submit
with such application a detailed plan for such facilities. If it shall be found that the installation
will conform to the requirements of this chapter and the electrical code, a permit shall be issued
upon payment of the fee required by the electrical code covering work in commercial and
industrial property.
18.80.090: CAR CAPACITY AND MANEUVERING:
The maximum car capacity indicated on the application shall be reasonable, and the arrangement
of parking facilities shall not necessitate the backing of cars onto adjoining public sidewalks,
parkways, roadways or thoroughfares in conducting parking and unparking operations.
18.80.100: CLEANUP OF WASTE AND LITTER:
Every operator of a "parking lot", as defined in this chapter, whether such operator is owner,
lessee, representative or agent, shall keep such parking lot in a clean condition at all times, free
from all kinds of refuse and waste material. It shall be sufficient compliance with this section to
clear the parking lot from refuse and waste material once each day.
18.80.110: ENFORCEMENT OF PROVISIONS:
It shall be the duty of the building official to enforce the provisions of this chapter with respect to
lighting facilities. It shall be the duty of the board of health to enforce the provisions of this
chapter as to keeping the premises in a clean condition.
18.80.120: FAILURE TO COMPLY WITH CHAPTER PROVISIONS:
It is unlawful for any operator of a "parking lot", as defined in this chapter, whether such person
is owner, lessee, representative or agent, to fail to comply with, or to violate any provision of this
chapter.
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SECTION 17. Repealing the text of Salt Lake City Code Chapter 18.92. That Chapter
18.92 of the Salt Lake City Code (Additional Regulations: Building Conservation Code) shall be,
and hereby is repealed in its entirety as follows:
CHAPTER 18.92
BUILDING CONSERVATION CODE
18.92.010: UNIFORM CODE FOR BUILDING CONSERVATION ADOPTED BY
REFERENCE:
The uniform code for building conservation, 1988 edition, is adopted by the city as the
ordinances, rules and regulations of the city, subject to the amendments and exceptions thereto as
hereinafter set out. Three (3) copies of the code shall be filed for use and examination by the
public in the office of the city recorder.
18.92.020: EXCEPTION TO SECTION 402(d) AMENDED:
The exception to section 402(d) of the code is amended to read as follows:
Exception: Existing corridor walls, ceilings and opening protection not in compliance with the
above may be continued when the corridors and common areas are protected with an approved
automatic sprinkler system. Such sprinkler system may be supplied from the domestic water
supply system, provided the system is of adequate pressure, capacity and sizing for the combined
domestic and sprinkler requirements. When the building or floor changes occupancy, the entire
floor or building must be protected with an approved automatic sprinkler system throughout.
18.92.030: SECTION 403 AMENDED:
Section 403 of the code is amended by deleting the following sentence:
Roofs, floors, walls, foundations and all structural components of buildings or structures shall be
capable of resisting the forces and loads specified in chapter 23 of the building code.
18.92.040: EXCEPTION ADDED TO SECTION 606(1):
An exception to section 606(1) is enacted to read as follows:
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Exception: Existing nonconforming materials do not need to be surfaced with an approved fire
retardant paint or finish when an automatic fire extinguishing system is installed throughout and
the nonconforming materials can be substantiated as historic in character.
SECTION 18. Repealing the text of Salt Lake City Code Chapter 18.94. That Chapter
18.94 of the Salt Lake City Code (Additional Regulations: Commercial Building Benchmarking
and Market Transparency) shall be, and hereby is repealed in its entirety as follows:
CHAPTER 18.94
COMMERCIAL BUILDING BENCHMARKING AND MARKET TRANSPARENCY
18.94.010: PURPOSE:
The purpose of this chapter is to promote long-term economic development in Salt Lake City
through the enhanced energy efficiency of existing commercial buildings, and to reduce local air
pollution and greenhouse gas emissions resulting from energy consumption in such buildings
through increased energy efficiency, by requiring certain non-residential buildings to benchmark
and report energy consumption and investigate opportunities to implement cost-effective
building energy tune- ups. Promoting and recognizing efficient buildings will contribute to a
cleaner environment and a more efficient use of energy resources.
18.94.020: SCOPE:
The provisions of this chapter apply to buildings and building owners as follows:
A. All buildings owned by the City, that are not used for residential purposes,
wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
21A.62.040 of this Code, with three thousand (3,000) square feet or more of gross floor area;
provided, however, no building with less than twenty two thousand (22,000) square feet of gross
floor area shall be subject to the provisions of section 18.94.080 of this chapter.
B. All other governed buildings or campuses of buildings that are not used for
residential purposes within Salt Lake City's geographic boundaries, where at least one of the
buildings is comprised of at least twenty five thousand (25,000) square feet of gross floor area.
To the extent a governed building contains elements or uses that are not included within the
definition of a governed building under this chapter, the square footage of gross floor area of
such elements or uses shall be excluded from the square footage of gross floor area of such
building and shall not be considered a part of the governed building for purposes of this chapter.
C. Exemptions:
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1. Governed buildings that are new construction and the Certificate of
Occupation was issued less than two (2) years prior to the applicable deadlines; or
2. Governed buildings that do not have a Certificate of Occupation or
temporary Certificate of Occupation for all twelve (12) months of the calendar year being
benchmarked; or
3. Governed buildings where a full demolition permit has been issued for the
prior calendar year, provided that demolition work has commenced, some energy-related
systems have been compromised, and legal occupancy is no longer possible at some point
during the calendar year being benchmarked; or
4. Governed buildings, including individual buildings or structures, that do
not receive utility services; or
5. Any of the following: a property or building that is not assessed ad
valorem real property taxes by Salt Lake County, houses of worship, apartments,
agricultural storage facilities and greenhouses, buildings used for heavy manufacturing
purposes as defined in section 21A.62.040 of this Code, oil and gas production facilities,
buildings that contain movie/television/radio production studios, soundstages, broadcast
antennae, data center, or trading floor that together exceed ten percent (10%) of gross
floor area.
D. Governed buildings do not include properties owned by State or Federal
government.
18.94.030: DEFINITIONS:
BASE BUILDING SYSTEMS: A building assembly made up of various components that serve
a specific function and that are controlled and operated by the owner or designee, including:
A. The building envelope;
B. The HVAC (heating ventilating and air conditioning) systems;
C. Conveying systems;
D. Electrical and lighting systems;
E. Domestic hot water systems.
BENCHMARK: To track and report the total energy consumed for a governed building for the
previous calendar year and other descriptive information for such building as captured by the
benchmarking tool. Total energy consumption may not include separately metered uses that are
not integral to building operations, such as broadcast antennas and electric vehicle charging
stations.
BENCHMARKING SUBMISSION: A subset of:
A. Information input into the benchmarking tool; and
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B. Benchmarking information generated by the benchmarking tool.
BENCHMARKING TOOL: The Energy Star portfolio manager or any replacement tool adopted
by the U.S. Environmental Protection Agency, and any substantially similar tool approved by the
Director.
BUILDING ID NUMBER: The identification number that is unique to a governed building.
BUILDING MANAGEMENT SYSTEM: A computer-based system that monitors and controls a
building's mechanical and electrical equipment, such as HVAC, lighting, power, fire, and
security systems, including an energy management system, incorporating interior temperature
sensors and a central processing unit and controls, which are used to monitor and control gas,
steam and oil usage, as applicable.
CAMPUS: A collection of two (2) or more buildings where at least one of the buildings has at
least twenty five thousand (25,000) square feet of gross floor area or more and that act as a single
cohesive property with a single shared primary function, and are generally owned and operated
by the same party.
CITY PROPERTY: All buildings owned by the City, that are not used for residential purposes,
wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
21A.62.040 of this Code.
DEPARTMENT: The Salt Lake City Department of Sustainability.
DIRECTOR: The Director of the Salt Lake City Department of Sustainability.
ENERGY STAR PORTFOLIO MANAGER: The tool developed and maintained by the U.S.
Environmental Protection Agency to track and assess the relative energy performance of
buildings nationwide.
ENERGY STAR SCORE: The 1 - 100 numeric rating generated by the Energy Star portfolio
manager tool.
FINANCIAL HARDSHIP: A property that:
A. Had arrears of property taxes or water or wastewater charges that resulted in the
property's inclusion, within the prior two (2) years, on the City's annual tax lien sale list; or
B. Has a court appointed receiver in control of the property due to financial distress;
or
C. Is owned by a financial institution through default by the borrower; or
D. Has been acquired by a deed in lieu of foreclosure; or
E. Has a senior mortgage subject to a notice of default.
GOVERNED BUILDING: All stand-alone and enclosed buildings used or occupied for a
commercial use, including:
A. Banking/financial services;
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B. Stand-alone data centers;
C. Education (including K - 12, daycare, pre- school, vocational school);
D. Entertainment/public assembly (including convention centers, gyms, movie
theaters, performing arts, meeting halls, recreation centers);
E. Food sales and services (including restaurants, supermarkets, grocery stores,
convenience stores);
F. Healthcare (including hospitals, medical offices, senior care communities,
assisted living and nursing care);
G. Lodging (including hotels, motels);
H. Mixed use;
I. Offices;
J. Retail (including retail goods establishments, retail service establishments,
department stores, mass merchandising stores, specialty stores, enclosed retail malls and
shopping centers);
K. Technology/science (including data centers and research facilities);
L. Warehouses, distribution, and package delivery facilities.
GROSS FLOOR AREA: All gross floor area, which is the area included within the exterior walls
of a building or portion thereof, including mezzanines, enclosed interior balconies, enclosed
porches, basement floor area, penthouses, attic space having headroom of seven feet (7') or more,
and interior connected floor area devoted to accessory uses. Gross floor area does not include
balconies, patios, crawl spaces, courts, convertible indoor/outdoor space, parking or loading
areas, and covered walkways.
HEAVY MANUFACTURING: The same as defined in section 21A.62.040 of this Code.
OCCUPANCY: The physical occupancy of a unit or space by an occupant or a tenant.
OWNER: Any of the following:
A. An individual or entity possessing title to a governed property;
B. The net lessee in the case of a property subject to a triple net lease with a single
tenant;
C. The Board of Managers in the case of a nonresidential condominium;
D. An agent or party duly authorized to act on behalf of the owner.
PERSISTENT COMMISSIONING: An ongoing process of comparing data obtained through the
building management system with analytic models; identifying problematic sensors, controls and
equipment; and resolving operating problems, optimizing energy use and identifying retrofits for
existing buildings.
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SHARED BENCHMARKING INFORMATION: Any descriptive information identifying
governed buildings with Energy Star scores above 50, and any portions of the submitted
benchmarking information that owner elects to be posted publicly on the department's website.
SUBMITTED BENCHMARKING INFORMATION: Whole-building information generated by
the benchmarking tool and descriptive information about the governed building and its
operational characteristics, which is submitted to the department. The information shall be
limited to:
A. Descriptive information:
1. Property address;
2. Primary use type;
3. Gross floor area;
B. Output information:
1. Site electricity consumption (kWh);
2. Site natural gas consumption (therms);
3. Site energy use intensity (site EUI);
4. Weather normalized source energy use intensity (source EUI);
5. Total annual greenhouse gas emissions;
6. Water use per gross square foot (if available);
7. The Energy Star score, where available; and
C. Comparable information based on updates/revisions to Energy Star portfolio
manager.
TENANT: A person or entity occupying or holding possession of all or a portion of real
property, or all or a portion of a governed building pursuant to a rental or lease agreement.
TUNE-UP EVALUATION: A utility sponsored retro-commissioning process that systematically
evaluates base building systems and identifies improvements to achieve optimal building
performance. This includes planning, investigation, and documentation to optimize operation,
maintenance and performance of the facility and/or its base building systems and assemblies.
TUNE-UP EVALUATION REPORT: A report certified by the tune-up professional
demonstrating that a tune-up evaluation was conducted through a utility-sponsored tune-up
incentive program.
TUNE-UP PROFESSIONAL: An individual or entity approved or utilized by local utilities to
provide tune-up evaluation services or who possesses other substantially similar credential to
perform a tune-up evaluation required by this chapter.
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18.94.040: SUMMARY OF BUILDING ENERGY PERFORMANCE REQUIREMENTS
AND INITIAL COMPLIANCE DATES:
Properties Submitted
Benchmarking
Information Due
Shared
Benchmarking
Information Made
Publicly Available
Date When First
Tune-Up
Evaluation
Report Must Be
Filed
Frequency Of
Tune-Up
Evaluation
City property May 1, 2018 Sept. 1, 2018 May 1, 2020 Prior to Dec.
31 of every
fifth year
Governed
building (50,000
sq. ft. of gross
floor area or
larger)
May 1, 2019 Sept. 1, 2020 May 1, 2021 Prior to Dec.
31 of every
fifth year
Governed
building (25,000
to 49,999 sq. ft.
of gross floor
area)
May 1, 2020 Sept. 1, 2021 May 1, 2022 Prior to Dec.
31 of every
fifth year
18.94.050: BENCHMARKING AND BENCHMARKING SUBMISSION REQUIRED:
A. Governed buildings and City properties shall be benchmarked annually for the
previous calendar year according to the following schedule:
1. Each City property shall be benchmarked no later than May 1, 2018, and
every May 1 thereafter.
2. Each governed building with a gross floor area of fifty thousand (50,000)
square feet or more shall be benchmarked no later than May 1, 2019, and every May 1
thereafter.
3. Each governed building with a gross floor area of twenty five thousand
(25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet shall be
benchmarked no later than May 1, 2020, and every May 1 thereafter.
B. Below is a summary table of the first benchmarking submission compliance dates:
Properties Benchmarking Submission By Building Owner
City property May 1, 2018
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Governed building (50,000 square feet of gross floor area or larger)May 1, 2019
Governed building (25,000 to 49,999 square feet of gross floor area)May 1, 2020
C. Benchmarking shall be performed and/or verified by the owner.
D. Before making a benchmarking submission the owner shall run all automated data
quality checker functions available within the benchmarking tool, and shall correct all missing or
incorrect information identified.
E. If the current owner receives notification from the City that any information
reported as part of the benchmarking submission is inaccurate or incomplete, the information so
reported shall be amended in the benchmarking tool by the owner and the owner shall provide an
updated benchmarking submission to the Director within sixty (60) days of the notification.
F. Exceptions:
1. Governed buildings whose average occupancy throughout the calendar
year for which benchmarking is required is less than sixty percent (60%); or
2. Governed buildings under financial hardship; or
3. Due to special circumstances unique to the applicant's facility and not
based on a condition caused by actions of the applicant, strict compliance with provisions
of this chapter would cause undue hardship or would not be in the public interest; or
4. An owner is unable to benchmark due to the failure of either a utility
provider or a tenant (or both) to report the information necessary for the owner to
complete any benchmarking submittal requirement.
G. For properties qualifying for these exceptions, the owner shall file documentation,
in such form and with such certifications as required by the Director, with the department in the
year prior to the due date for the benchmarking submission, establishing that the governed
building qualifies for such an exception.
H. A randomly-selected subset of benchmarking submission not to exceed ten
percent (10%) of the total benchmarking submissions completed in a given year may be subject
to verification by the City. Such reviews shall be conducted in a way so as to preserve the
anonymity of individual properties and shall be conducted at no cost to the owner.
I. An owner may make a claim of confidentiality for any submitted benchmarking
information pursuant to the limitations under State law.
18.94.060: BUILDING ENERGY PERFORMANCE TRANSPARENCY:
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A. The City shall make accessible to the public the shared benchmarking information
for the previous calendar year.
1. For each governed building with a gross floor area of fifty thousand
(50,000) square feet or more, on or about September 1, 2020, and on or about each
September 1 thereafter.
2. For each governed building with a gross floor area of twenty five thousand
(25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet, on or
about September 1, 2021, and each September 1 thereafter.
B. The department may, upon request, make available the submitted benchmarking
information for the previous calendar year for an individual City property or governed building.
18.94.070: PROVIDING BENCHMARKING INFORMATION TO THE PROPERTY
OWNER:
A. Each tenant occupying a governed building shall, within sixty (60) days of a
request by the owner and in a form to be determined by the Director, provide all information that
cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
requirements of this chapter.
18.94.080: TUNE-UP EVALUATIONS REQUIRED:
A. Required: Tune-up evaluations are required for governed buildings and City
properties that are eligible for participation in a utility-sponsored tune-up incentive program, as
determined by the utility offering the incentive program and that have an Energy Star score of 49
and below. Implementation of tune-up measures in addition to evaluations is encouraged but not
required.
B. Report: The owner shall conduct a tune-up evaluation of the base building
systems of a qualifying governed building and file a tune-up evaluation report prior to December
31 of the year in which the tune-up evaluation is being performed. The initial reporting year shall
be determined by the last digit of the property's tax ID number as illustrated below, and
subsequent tune-up evaluation shall be completed and tune-up evaluation reports filed every fifth
year thereafter:
Last Digit Of Tax ID
Number
50,000 Square Feet And Above Of
Gross Floor Area
25,000 To 49,999 Square Feet Of
Gross Floor Area
Last Digit Of Tax ID
Number
50,000 Square Feet And Above Of
Gross Floor Area
25,000 To 49,999 Square Feet Of
Gross Floor Area
0 2021 2022
1 2021 2022
2 2022 2023
3 2022 2023
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4 2023 2024
5 2023 2024
6 2024 2025
7 2024 2025
8 2025 2026
9 2025 2026
C. Report Submission: The owner shall submit the tune-up evaluation report to the
City.
D. Exceptions: Tune-up evaluations are not required if any of the following are met:
1. If the governed building is less than five (5) years old; or
2. If a registered design professional or tune-up professional certifies that:
a. The governed building has an Energy Star score of 50 or above for
the year prior to the first tune-up due date or for at least two (2) of the three (3)
years preceding the due date of the governed building's tune-up evaluation report.
b. There is no Energy Star rating for the building type and owner
submits documentation that the property's energy performance is better than the
energy performance of an average building of its type for two (2) of the three (3)
years preceding the due date of the governed building's tune-up report.
c. The governed building has received certification under the most
recent LEED 2009 rating system for existing buildings or operation and
maintenance, or existing buildings version 4 rating system or future iterations of
LEED published by the U.S. Green Building Council or other substantially
similar rating systems for existing buildings, for at least two (2) of the three (3)
years preceding the due date for the governed building's tune-up evaluation
reports.
d. The governed building has performed a tune-up evaluation within
the past five (5) years prior to the tune-up evaluation due date.
3. If the governed building has a persistent commissioning program in place.
For properties qualifying for these exceptions, the owner shall file documentation,
in such form and with such certifications as required by the Director, with the
department in the year prior to the due date for the tune-up report, establishing
that the governed building qualifies for such an exception.
E. Verification: A randomly-selected subset of tune-up evaluation reports not to
exceed ten percent (10%) of the total tune-up evaluation reports completed in a given year may
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be subject to verification by the City. Such reviews shall be conducted in a way so as to preserve
the anonymity of individual properties and shall be conducted at no cost to the owner.
18.94.090: NOTIFICATION:
A. Between January 1 and March 1 of each year during which an owner is required
to provide a benchmarking submission, the Director shall notify these owners of their obligation
to benchmark performance for the previous calendar year through whatever means the Director
so chooses.
18.94.100: VIOLATIONS AND ENFORCEMENT:
A. If the Director determines that an owner has failed to comply with the
requirements of this chapter or the owner submits incomplete or false information, the Director
may issue up to three (3) written notices of noncompliance to the owner, allowing owner to cure
such noncompliance within ninety (90) days after each notice of violation. After the third written
notice of violation, the Director may impose a fine of up to five hundred dollars ($500.00) per
violation thereafter not exceeding a total of one thousand dollars ($1,000.00) annually.
18.94.110: APPEALS PROCESS:
A. Any owner affected by the Director's determination related to that owner's
property regarding enforcement of this chapter may request, within thirty (30) days of owner's
written notification of the Director's determination, in writing filed with the department, an
appeal hearing before the Board of Appeals and Examiners, established under this title.
SECTION 18. Amending the text of Salt Lake City Code Chapter 18.95. That Chapter
18.95 of the Salt Lake City Code (Additional Regulations: Use of LEED Standards in City
Funded Construction) shall be, and hereby is amended as follows:
CHAPTER 18.95
USE OF LEED STANDARDS IN CITY FUNDED CONSTRUCTION
18.95.010: PURPOSE:
The purpose of this chapter is to promote development consistent with sound environmental
practices by requiring, subject to Sections 18.95.040, 18.95.050, and 18.95.120 of this chapter,
that applicable building projects constructed with city construction funds obtain, at a minimum:
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a) "silver" for city owned and operated buildings, or b) "certified" for private building projects
that receive city funds. These designations shall be from the "USGBC" as defined herein.
18.95.020: DEFINITIONS:
As used in this chapter:
APPLICABLE BUILDING PROJECT: The construction or major renovation of a commercial,
multi-family residential, or municipal building that will contain more than 10,000 square feet of
occupied space when the design contract for such project commences on or after November 17,
2006.
CERTIFIED: The level of compliance with the leadership in energy and environmental design
(LEED) standards designated as "certified" by the United States Green Building Council
(USGBC).
CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to Subsection
3.24.040A or that employee's designee pursuant to Section 3.24.050.
CITY CONSTRUCTION FUNDS: Funds that are authorized to be used for construction by the
city council for use by any person or city department in order to construct an applicable building
project, including, without limitation, loans, grants, and tax rebates. However, this term shall not
apply to the funds of the library or redevelopment agency.
CITY ENGINEER: The city employee designated pursuant to Section 2.08.080 of this code or
that employee's designee pursuant to Section 3.24.050.
LEED STANDARD: The leadership in energy and environmental design (LEED) green building
rating system for new construction and major renovations (LEED-NC) as adopted in November
2002 and revised in November 2005, the LEED green building rating system for commercial
interiors (LEED-CI) as adopted in November 2002, or the LEED green building rating system
for existing buildings upgrades, operations and maintenance (LEED-EB) as adopted in October
2004 and updated in July 2005.
MAJOR RENOVATION: Work that demolishes space down to the shell structure and rebuilds it
with new walls, ceilings, floors and systems, when such work affects more than 25% of the
building's square footage, and the affected space is at least 10,000 square feet or larger.
SILVER: The level of compliance with LEED standards designated as "silver" by the USGBC.
SUBSTANTIAL COMPLIANCE: A determination of good faith efforts to comply as further
described in Section 18.95.110.
TEMPORARY STRUCTURE: Any proposed building that is intended to be in existence for 5
years or less or any existing building that at the time it was constructed was intended to be in
existence for 5 years or less.
USGBC: The organization known as the United States green building council.
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18.95.030: APPLICATION:
Whenever city construction funds are used for an applicable building project, such project shall
at a minimum obtain a silver certification by the USGBC in the case of a city owned building
project or certified certification in the case of all other projects, subject to the exceptions,
waivers, and determinations of substantial compliance provided for in this chapter.
18.95.040: EXCEPTIONS:
The provisions of this chapter shall not apply if the building official and either the chief
procurement officer or the city engineer jointly determine in writing that any of the following
circumstances exist:
A. The applicable building project will serve a specialized, limited function, such as
a pump station, garage, storage building, equipment area, or other similar area, or a single-
family residence;
B. The applicable building project is intended to be a temporary structure;
C. The useful life of the applicable building project does not justify whatever
additional expense would be incurred to increase the building's long term efficiency;
D. The application of LEED standard factors will increase construction costs beyond
the funding capacity for the project, or will require that the project's scope of work or
programmatic needs be diminished to meet budget constraints;
E. The use of LEED standard factors will create an impediment to construction due
to conflicts of laws, building code requirements, federal or state grant funding requirements, or
other similar requirements;
F. LEED factors are not reasonably attainable due to the nature of the facilities or the
schedule for construction; or
G. LEED certification will violate any other federal, state or local law, including,
without limitation, other sections of this code.
If an exception is granted, the developer must agree to integrate green building practices into the
design and construction of the project to the maximum extent possible and feasible. A
determination that an exception does not apply may be appealed in accordance with Chapter
18.12.
18.95.050: WAIVERS:
The denial of an exception pursuant to Section 18.95.040 of this chapter does not preclude an
application for waiver pursuant to this section. The board shall have the authority to grant a
waiver from the requirements of this chapter only if it makes the following findings in writing:
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A. Literal enforcement of this chapter would cause unreasonable hardship for the
applicant that is not necessary to carry out the general purpose of this chapter;
B. There are special circumstances attached to the project that do not generally apply
to other projects that are subject to this chapter;
C. The waiver would not have a substantially negative effect on the master plans,
policies, and resolutions of the city and would not be contrary to the purposes of this chapter;
D. Any asserted economic hardship is not self-imposed; and
E. The spirit of this chapter will be observed and substantial justice done.
18.95.060: APPEAL OF CITY DECISIONS:
Appeals of decisions by the building official or enforcement officials pursuant to this chapter
shall be taken in accordance with Chapter 18.12.
18.95.070: RESERVED
18.95.080: REQUIRED DEPOSIT:
All private sector developers, excluding nonprofit developers, who receive city funds for
applicable building projects shall submit a $10,000.00 "good faith" deposit with the city which
shall be refunded upon the building project receiving the applicable level of LEED certification
or after a determination of substantial compliance.
18.95.090: PROOF OF REGISTRATION:
Within 30 days from receiving notice that the city will fund an applicable building project, all
private sector developers shall submit written proof that said project is registered with the
USGBC. City funds will not be dispersed until the required deposit under Section 18.95.080 and
the proof of registration under this section are received by the city.
18.95.100: REQUEST FOR EXTENSION:
If a project is not LEED certified or has not been granted a determination of substantial
compliance within one year after a temporary certificate of occupancy is issued by the city, then
a private sector developer must file a written application with the city for an extension to obtain
LEED certification. Said application must be filed with the city no later than 395 days after the
date on which the certificate of occupancy was issued by the city. The city may grant a one year
extension pursuant to this section and any additional extensions as may be necessary so long as a
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private sector developer is actively pursuing LEED certification. Extensions pursuant to this
section shall begin on the date granted by the city.
18.95.110: REQUEST FOR SUBSTANTIAL COMPLIANCE:
Receipt of LEED certification from the USGBC shall be conclusive evidence of the level of
certification stated therein. If certification is not received from the USGBC or is not at the level
required by this chapter, a private sector developer may request that the city issue a
determination that the project has substantially complied with this chapter upon a reasonable
demonstration that such project as constructed is consistent with the intent of this chapter and
that strict enforcement of this chapter would create an unreasonable burden in light of the needs
of such project, the ability of the project owner to control cost increases, and other relevant
circumstances. The request for determination of substantial compliance must contain the
following information:
A. Final LEED certification application, documentation, and response from the
USGBC;
B. An explanation of the efforts and accomplishments made by the private sector
developer to achieve compliance with this chapter;
C. An explanation of the practical or economic infeasibility of implementing certain
high performance building design or construction techniques that, if implemented, would
otherwise have likely resulted in certification; and
D. Any other supporting documents the private sector developer wishes to submit.
18.95.120: DETERMINATION OF SUBSTANTIAL COMPLIANCE:
The building official and either the chief procurement officer or the city engineer shall review
within 60 days of receipt of a request for determination of substantial compliance and shall
approve or deny the request based on the good faith efforts of the private sector developer to
comply with this chapter. In making a determination of the good faith efforts, review of the
request shall include whether the private sector developer has established the following:
A. That reasonable, appropriate, and ongoing efforts to comply with this chapter
were taken; and
B. That compliance would otherwise have been obtained but for the practical or
economic infeasibility of implementing high performance building design or construction
techniques.
In making any such determination, cost increases due solely to aesthetic elements shall not
constitute any part of a demonstration of unreasonable burden. A determination of substantial
compliance pursuant to this section shall satisfy Section 18.95.030.
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If the request for determination of substantial compliance is denied, the private sector developer
will be deemed to have not satisfied Section 18.95.030 and shall forfeit the "good faith" deposit
under Section 18.95.080 and may be assessed an additional penalty up to the amount originally
funded by the city. Any penalty assessed shall be offset by the "good faith" deposit.
18.95.130: PENALTY:
Any private sector developer who fails to: a) comply with this chapter, b) apply for an extension
pursuant to Section 18.95.100 of this chapter, or c) receive a determination of substantial
compliance, shall forfeit the "good faith" deposit to the city to cover the cost and inconvenience
to the city. An additional penalty may be assessed based on a direct analysis of possible LEED
design credits. Given that a total of 26 LEED design credits are required for certification, the
additional penalty shall be based on the following considerations:
A. If the city determines that a project could have reasonably received 21-25 LEED
credits, then the private sector developer shall pay the city up to 25% of the amount originally
funded.
B. If the city determines that a project could have reasonably received 16-20 LEED
credits, then the private sector developer shall pay the city up to 50% of the amount originally
funded.
C. If the city determines that a project could have reasonably received 6-15 LEED
credits, then the private sector developer shall pay the city up to 75% of the amount originally
funded.
D. If the city determines that a project could have reasonably received 0-5 LEED
credits, then the private sector developer shall pay the city up to 100% of the amount originally
funded.
Failure to pay a penalty within 90 days of written notice from the city shall result in a lien
against the project.
18.95.140: RULE MAKING AUTHORIZATION:
The building official and either the chief procurement officer or the city engineer are authorized
to issue administrative rules under this chapter.
18.95.150: ADMINISTRATIVE INTERPRETATIONS:
Pursuant to the authority granted under Subsection 18.08.040K, the building official may render
interpretations of this chapter. Such interpretations shall conform with the intent and purpose of
this chapter, and shall be made available in writing for public inspection upon request.
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18.95.160: LIMITATIONS:
Nothing required under this chapter shall supersede any federal, state or local law, including,
without limitation, other provisions of this code; or any contract, grant, or other funding
requirement; or other standards or restrictions that may otherwise apply to an applicable building
project. This chapter shall not apply whenever its application would disadvantage the city in
obtaining federal funds.
SECTION 19. Amending the text of Salt Lake City Code Chapter 18.96. That Chapter
18.96 of the Salt Lake City Code (Additional Regulations: Fit Premises) shall be, and hereby is
amended as follows:
CHAPTER 18.96
FIT PREMISES
18.96.010: TITLE:
This chapter may be referred to as the SALT LAKE CITY FIT PREMISES ORDINANCE.
18.96.020: EXCLUSIONS FROM APPLICATION OF CHAPTER:
The following arrangements are not governed by this chapter:
A. Residence at a detention, medical, geriatric, educational, counseling, or religious
institution;
B. Occupancy under a contract of sale of a dwelling unit if the occupant is the
purchaser;
C. Occupancy by a member of a fraternal or social organization in a building
operated for the benefit of the organization;
D. Transient occupancy in a hotel, or motel (or lodgings subject to Utah code section
59-12-301); except that single room occupancy units ("SRO") shall be governed by this chapter.
"SRO" means an existing housing unit with one combined sleeping and living room of at least 70
square feet, but of not more than 220 square feet, where the usual tenancy or occupancy of the
same unit by the same person or persons is for a period of longer than one week. Such units may
include a kitchen and a private bath; and
E. Occupancy by an owner of a condominium unit.
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18.96.030: IDENTIFICATION OF OWNER AND AGENTS:
A. A property owner, or any person authorized to enter into an oral or written rental
agreement on the property owner's behalf, shall disclose to the tenant in writing at or before the
commencement of the tenancy the name, address and telephone number of:
1. The owner or person authorized to manage the premises; and
2. A local person authorized to act for and on behalf of the owner for the
purpose of receiving notices and demands, and performing the property owner's
obligations under this chapter and the rental agreement if the owner or manager reside
outside of Salt Lake City.
B. A person who enters into a rental agreement as “landlord”, “property manager” or
the like, and fails to comply with the requirements of this section becomes an agent of the
property owner for the purposes of:
1. Receipt of notices under this chapter; and
2. Performing the obligations of the property owner under this chapter and
under the rental agreement.
C. The information required to be furnished by this section shall be kept current.
This section is enforceable against any successor property owner, owner, or manager.
D. Every rental property with more than one unit rented without a written agreement
shall have a notice posted in a conspicuous place with the name, address and telephone number
of the owner or manager and local agent as required by subsection A of this section.
18.96.040: PROPERTY OWNER TO DELIVER POSSESSION OF DWELLING UNIT:
A. A copy of the lease or rental agreement, rules and regulations, an inventory of the
condition of the premises, a list of all appliances and furnishings and a summary of this chapter
shall be given to each tenant at the time the rental agreement is entered into. The summary shall
be prepared by the city for the purpose of fairly setting forth the material provisions of this
chapter and shall include information about mediation resources in the Salt Lake City area and
shall encourage property owners and tenants to take advantage of mediation services. The
property owner shall secure and retain the tenant's signed acknowledgment that the foregoing
documents have been provided to the tenant. Such acknowledgment shall be returned to the
property owner no later than 3 days after the tenant takes possession of the dwelling unit.
Before entering into a rental agreement, the property owner shall disclose to the tenant any
current notice by a utility provider to terminate water, gas, electrical or other utility service to the
dwelling unit or to common areas of the building, the proposed date of termination, and any
current uncorrected building or health code violation included in a deficiency list or notice from
the division or any other government entity.
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B. By explicit written agreement, a property owner and a tenant may establish a
procedure whereby the tenant notifies the property owner of needed repairs, makes those repairs
and deducts the cost of the repairs from the rent due and owing.
C. A property owner may allocate any duties to the tenant by explicit written
agreement. Such agreement must be clear and specific, boxed, in bold type or underlined.
18.96.050: PROPERTY OWNER TO MAINTAIN THE PREMISES AND EACH
DWELLING UNIT:
A property owner shall:
A. Comply with the requirements of applicable building, housing and health codes
and city ordinances and not rent the premises unless they are safe, sanitary, and fit for human
occupancy;
B. Maintain the structural integrity of the building;
C. Maintain floors in compliance with safe load bearing requirements;
D. Provide exits, emergency egress, and light and ventilation in compliance with
applicable codes;
E. Maintain stairways, porches, walkways and fire escapes in sound condition;
F. Provide smoke detectors and fire extinguisher as required by code;
G. Provide operable sinks, toilets, tubs and/or showers;
H. Provide heating facilities as required by code;
I. Provide kitchen facilities as required;
J. Provide running water;
K. Provide adequate hall and stairway lighting;
L. Maintain floors, walls and ceilings in good condition;
M. Supply window screens where required by code;
N. Maintain foundation, masonry, chimneys, water heater and furnace in good
working condition;
O. Prevent the accumulation of stagnant water in the interior of any premises;
P. Maintain in good and safe working order and condition all electrical, plumbing,
sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied by the
property owner as required by applicable codes;
Q. Provide and maintain appropriate garbage receptacles and arrange for timely
garbage removal as required by code;
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R. Supply electricity, and hot water at all times and heat during at least the months of
October through April and as weather conditions might otherwise reasonably warrant, except
where the dwelling unit is so constructed that electricity, heat or hot water is within the exclusive
control of the tenant and supplied by a direct public utility connection;
S. Once proof of pest infestation has been established, be responsible for initiation of
pest control measures. In no instance shall a property owner be required to apply pesticides
contrary to label directions;
T. Not interrupt or disconnect utility service;
U. Provide adequate locks to exterior doors and furnish keys to tenants as required
by applicable codes;
V. Maintain the dwelling unit in a reasonably insulated and weather tight condition
as required by the building and housing and Utah state energy conservation codes;
W. Provide for and protect each tenant's peaceful enjoyment of the premises;
X. Ensure that repairs, decorations, alterations, or improvements, or exhibiting the
dwelling unit shall not unreasonably interfere with the tenants' right to quiet enjoyment of the
premises;
Y. Provide a mailbox; and
Z. Provide separate meters for each tenant for gas and electricity or include charges
for utility services in the rent.
18.96.060: TENANT TO MAINTAIN DWELLING UNIT:
A tenant shall:
A. Comply with all appropriate requirements of the rental agreement and applicable
provisions of building, housing and health codes;
B. Maintain the premises occupied in a clean and safe condition and not
unreasonably burden any common area;
C. Dispose of all garbage and other waste in a clean and safe manner and avoid
leaving garbage or litter in hallways, porches, patios and other common areas;
D. Maintain all plumbing fixtures in as sanitary a condition as the fixtures permit and
avoid obstructing sinks, toilets, tubs, showers and other plumbing drains;
E. Use all electrical, plumbing, sanitary, heating, and other facilities and appliances
in a reasonable manner;
F. Not destroy, deface, damage, impair or remove any part of the premises or
knowingly permit any person to do so;
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G. Promptly inform the property owner of any defective conditions or problems at
the premises;
H. Not interfere with the peaceful enjoyment of the residential rental unit of another
renter;
I. Upon vacation, restore the premises to their initial condition except for reasonable
wear and tear or conditions caused by the property owner;
J. Be current on all payments required by the rental agreement and this chapter;
K. Not increase the number of occupants above that specified in the rental agreement
without written permission of the owners;
L. Not modify or paint the premises without the express written permission of the
property owner/agent;
M. Dispose of oil, car batteries, and other hazardous waste materials away from the
rental premises, and in a manner prescribed by federal and local laws; and
N. Not require the owner to correct or remedy any condition caused by the renter, the
renter's family or the renter's guests or invites by inappropriate use of the property during the
rental term or any extension of it.
18.96.070: RULES AND REGULATIONS:
A property owner may adopt rules or regulations concerning the tenant's use and occupancy of
the premises which become a part of the rental agreement if they apply to all tenants in the
premises in a nondiscriminatory manner, do not conflict with the lease, state law or city
ordinance, and are provided to the tenant before the tenant enters into the rental agreement.
Rules, regulations or lease terms can, by agreement between the parties, be more favorable to the
tenant than allowed by state law or city ordinance but cannot be more restrictive. Rules may be
modified from time to time by the property owner. However, no rule adopted after the
commencement of any rental agreement shall substantially modify the existing terms, conditions
or rules without written consent of the tenant.
18.96.080: ACCESS:
A. A tenant shall not unreasonably withhold consent to the property owner to enter
into the dwelling unit in order to make necessary or agreed repairs, decorations, alterations, or
improvements; or exhibit the dwelling unit to prospective purchasers, tenants, or work people.
B. A property owner may enter the dwelling unit without consent of the tenant in
case of emergency.
C. Except in case of emergency the property owner shall give the tenant at least 24
hours' notice of plans to enter and may enter only between 8:00 A.M. and 10:00 P.M.
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D. A property owner has no other right of access except:
1. Pursuant to court order;
2. To make repairs requested by the tenant pursuant to Sections 18.96.110
and 18.96.120 of this chapter;
3. To make repairs ordered by the division pursuant to this title; or
4. If the tenant has abandoned the premises as defined in Section 78B-6-814,
Utah Code, or any successor provision.
18.96.090: RESERVED
18.96.100: RESERVED
18.96.110: REPAIR OF SPECIFIED FAILURES:
In the event of the failures specified below, which are not due to the unavailability of utility
service, the property owner shall take reasonable steps to begin repairing the failures promptly
after receipt of written notice of the failure delivered in accordance with Section 18.50.100, and
shall remedy such failure within the period set forth in the notice and order issued by the
inspector:
A.Inoperable toilet
B.Tub, shower or kitchen and bathroom sink with inoperable drain or no hot or
cold water
C.Inoperable refrigerator or cooking range or stove
D.Nonfunctioning heating (during a period where heat is reasonably necessary) or
electrical system
E.Inoperable electric fixture
F.Broken exterior door or inoperable or missing exterior door lock
G.Broken window with missing glass
H.Inoperable exterior lighting
I.Broken stair or balustrade
J.Inoperable or missing smoke detector required by code
K.Inoperable required fire sprinkler system (if smoke detectors are not present or
operating)
L.Inoperable required fire sprinkler system (if smoke detectors are installed and
operable)
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M.Broken or leaking water pipes causing an imminent threat to life, safety or
health
N.Other broken or leaking water pipes
O.Disconnection of electrical, water or natural gas service caused by property
owner
The division shall establish repair period standards based on the severity of the failures identified
above. The tenant shall grant the property owner reasonable access to perform the repairs
required in this section.
18.96.120: VIOLATIONS
Violations of this chapter shall be enforced pursuant to Sections 18.50.100 and 18.50.110.
18.96.130: RETALIATORY CONDUCT PROHIBITED:
A. Except as provided in this section and section 57-22-4, Utah Code Annotated, a
property owner may not terminate a rental agreement or bring or threaten to bring an eviction
action because the tenant has in good faith:
1. Complained of code violations at the premises to a governmental agency,
elected representative or public official charged with responsibility for enforcement of a
building, housing, health or similar code;
2. Complained of a building, housing, health or similar code violation or an
illegal property owner practice to a community organization or the news media;
3. Sought the assistance of a community organization or the news media to
remedy code violation or illegal property owner practice;
4. Requested the property owner to make repairs to the premises as required
by this chapter, a building or health code, other regulation, or the residential rental
agreement;
5. Become a member of a tenants' union or similar organization;
6. Testified in any court or administrative proceeding concerning the
condition of the premises; or
7. Exercised any right or remedy provided by law.
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SECTION 20. Amending the text of Salt Lake City Code Chapter 21A.20. That Chapter
21A.20 of the Salt Lake City Code (Zoning: Enforcement) shall be, and hereby is amended as
follows:
21A.20.010: RESERVED
21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
A civil enforcement officer may investigate any complaint alleging a violation of this title and
take such action as is warranted in accordance with the procedures set forth in this chapter.
21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
A. If the civil enforcement officer finds that any provision of this title is being
violated, the civil enforcement officer may provide a written warning notice to the property
owner and any other person determined to be responsible for such violation. The written notice
shall indicate the nature of the violation and order the action necessary to correct it. Additional
written notices may be provided at the civil enforcement officer's discretion.
B. The written warning notice shall state what action the building services division
intends to take if the violation is not corrected. The written notice shall include information
regarding the established warning period for the indicated violations and shall serve to start any
warning periods provided in this chapter.
C. Such written warning notice issued by the civil enforcement officer, if issued,
shall be deemed delivered when:
1. A copy of the written notice is posted on the property where said violation(s)
occur, and
2. The written notice is either:
a. Mailed certified mail or using any reputable mail tracking service that is
capable of confirming delivery to the property owner at the last known address appearing
on the records of the Salt Lake County Recorder and any other person determined to be
responsible for such violation, at their last known address, or
b. Personally served upon the property owner and any other person
determined to be responsible for such violation.
D. In cases when delay in enforcement would seriously threaten the effective
enforcement of this title, or pose a danger to the public health, safety or welfare, the civil
enforcement officer may seek enforcement without issuing a warning notice and may proceed
directly to issuing a notice and order as set forth in Subpart E.
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E. Upon discovery of a violation of this title, or if the violation remains uncorrected
after expiration of the warning period set forth in the warning notice, if issued, the civil
enforcement officer may issue a notice and order.
1. The written notice and order shall state:
a. The name and address, if known, of the responsible party;
b. The date and location of each violation;
c. The code sections violated;
d. That the violations must be corrected;
e. Provide a specific date by which the enforcement official orders
that the violations be corrected by;
f. The amount of the civil fine to accrue for each violation, or other
enforcement action that the enforcement official intends to pursue, if the violation
is not corrected by the date specified;
g. Identification of the right to and procedure to appeal; and
h. The signature of the enforcement official.
2. The enforcement official shall serve the notice and order on the
responsible party by:
a. Posting a copy of the written notice and order on the noncompliant
property, and
b. By mailing the notice and order through certified mail or reputable
mail tracking service that is capable of confirming delivery. If the responsible
party is the property owner of record, then mailing shall be to the last known
address appearing on the records of the Salt Lake County Recorder. If the
responsible party is any other person or entity other than the owner of record, then
mailing shall be to the last known address of the responsible party on file with the
city.
c. Notwithstanding the foregoing, personal service upon the
responsible party shall be sufficient to meet the notice and order service
requirements of this Subsection 21A.20.030.E.2.b.
F. Following the issuance of a notice and order, any responsible party shall correct
the violations specified in the notice and order. Upon correction of the violations specified in the
notice and order, the responsible party shall contact the enforcement official identified in the
notice and order to request an inspection of the property.
G. If one or more violations are not corrected by the deadline specified in the notice
and order, civil fines shall accrue at the rate set forth in Section 21A.20.040. Accumulation of
civil fines for violations, but not the obligation for payment of civil fines already accrued, shall
stop upon correction of the violation(s) once confirmed through an inspection requested pursuant
to Subsection E.
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H. The responsible party shall have the right to contest the notice and order at an
administrative hearing in accordance with Chapter 21A.16. Failure to timely request an
administrative hearing and pay the administrative hearing fee set forth in the Salt Lake City
consolidated fee schedule shall constitute a waiver of the right to a hearing and a waiver of the
right to appeal.
I. Upon expiration of the citation period set forth in a notice and order, and where
the violation(s) remain uncorrected, the city may record on the noncompliant property with the
Salt Lake County Recorder’s Office a notice of noncompliance. The recordation of a notice of
noncompliance shall not be deemed an encumbrance on the noncompliant property but shall
merely place interested parties on notice of any continuing violation of this title at the
noncompliant property. If a notice of noncompliance has been recorded and the enforcement
official later determines that all violations identified in the notice of noncompliance have been
corrected, the enforcement official shall issue a notice of compliance by recording the notice of
compliance on the property with the Salt Lake County Recorder’s Office. Recordation of the
notice of compliance shall have the effect of canceling the recorded notice of noncompliance.
J. If the city files an action for injunctive relief seeking abatement of one or more
violations and the district court authorizes the abatement of one or more violations and the city
incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
and may be considered an encumbrance on the property.
21A.20.040: CIVIL FINES:
A. General: If the violations are not corrected by the citation deadline, civil fines shall
accrue at $50 a day per violation for those properties legally used for purposes that are
solely residential uses, and $200 a day per violation for those properties used for
purposes that are not residential uses.
B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
per day per violation. If the violation(s) include renting an affordable rental unit in excess
of the approved rental rate then an additional monthly fine shall accrue that is the
difference between the market rate of the unit and the approved rental rate that is agreed
to by the applicant at the time of approval for a project using the incentives.
C. Failure to obtain certificate of appropriateness per 21A.34.020: For development or any
building activity on properties subject to Section 21A.34.020 without a certificate of
appropriateness, if such violation is not corrected by the citation deadline, civil fines shall
accrue at $50 per day, except that the fine shall be $250 per day for full or partial
demolition of a contributing structure without a certificate of appropriateness and $500
per day for full or partial demolition of a landmark site without a certificate of
appropriateness.
21A.20.050: DAILY VIOLATIONS:
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Each day a violation continues after the citation deadline shall be considered a separate offense
and give rise to a separate civil fine. Accumulation of civil fines for violations, but not the
obligation for payment of civil fines already accrued, shall stop upon correction of the violation.
21A.20.060: COMPLIANCE:
The city may use such lawful means as are available to obtain compliance with the provisions of
this title and to collect the civil fines that accrue as a result of the violation of the provisions of
this title, including a legal action to obtain one or more of the following: an injunction, an order
of mandamus, an order requiring the property owner or occupant to abate the violations, an order
permitting the city to enter the property to abate the violations, and a judgment in the amount of
the civil fines accrued for the violation, including costs and attorney fees. The city has sole
discretion over which remedy or combination of remedies it may choose to pursue.
Violations of the provisions of this title or failure to comply with any of its requirements are
punishable as a Class C misdemeanor upon conviction.
21A.20.070: RECURRING VIOLATIONS:
In the case where a violation, which had been corrected, reoccurs at the same property within 6
months of the initial correction and is due to the actions or inactions of the same person or
property owner as the prior violation(s), the building services division may begin enforcement of
said recurring violation by sending by certified mail or reputable mail tracking service that is
capable of confirming delivery a notice and order in the form described in Subsection
21A.20.030.E of this chapter. Civil fines set forth in Section 21A.020.040 of this chapter will
begin accruing if the violation is not remedied within 10 calendar days of the citation deadline
contained in that notice.
21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
pursuant to Section 21A.06.090 of this title, may hear and decide appeals of civil fines imposed
pursuant to this chapter. As set forth in this section, the fines hearing officer may reduce civil
fines and approve civil fine payment schedules.
B. Right to Appear: Any person receiving a notice of violation may appear before a
fines hearing officer to appeal the amount of the civil fine imposed by submitting a civil fine
appeal on a form provided by the building services division. However, no party may appear
before a fines hearing officer until violations from which the civil fines stemmed have been
corrected and a notice of compliance has been issued. Appeals to a fines hearing officer
contesting the amount of the civil fine imposed, must be filed within 30 days from the date of the
notice of compliance.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall
not relieve the responsibility of any person cited to correct the violation or make payment of
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subsequently accrued civil fines nor shall it require the city to reissue any of the notices required
by this chapter.
D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
hearing officer after the violation is corrected from which the civil fines stemmed and if any of
the following conditions exist:
1. The violation pertains to landscaping, in which case the time for payment
and correction of landscaping violations may be abated from October 15 through the next
April 1, or such other times as caused by weather conditions adverse to successful
landscaping;
2. Strict compliance with the notice and order would have caused an
imminent and irreparable injury to persons or property;
3. The violation and inability to correct the same were both caused by a force
majeure event such as war, act of nature, strike or civil disturbance;
4. A change in the actual ownership of the property was recorded with the
Salt Lake County Recorder's Office after the first or second notice was issued and the
new property owner is not related by blood, marriage or common ownership to the prior
owner; or
5. Such other mitigating circumstances as determined by the fines hearing
officer.
E. Payment Schedule: At the request of a person subject to civil fines governed by
this chapter, the fines hearing officer may approve a payment schedule for the delayed or
periodic payment of the applicable civil fine to accommodate the person's unique circumstances
or ability to pay.
F. Failure to Submit Payment on Payment Schedule: If a payment schedule has been
developed by the fines hearing officer, the failure by a person owing civil fines to submit any
two (2) payments as scheduled shall cause the entire amount of the original civil fine to become
immediately due.
21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
A. If the city obtains a court order permitting entry on the property for the purpose of
abating zoning violations, the building services division shall provide written notice of that order
to the property owner of record at the address on file with the Salt Lake County Recorder.
B. The notice shall: 1) identify the property owner of record according to the records
of the Salt Lake County Recorder, 2) describe the property and the violations the court order
permits the building services division to enter the property to abate, 3) attach a copy of the court
order, and (4) inform the property owner when the abatement is scheduled to occur.
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C. Notice may be delivered in person, or by certified mail, or by reputable mail
tracking service that is capable of confirming delivery, if mailed to the last known address of the
property owner according to the records of the Salt Lake County Recorder.
21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:
A. If the building services division or an agent thereof enters a property to abate a
violation pursuant to a court order, as set forth in Section 21A.20.090 of this chapter, the
building services division may collect the cost of that abatement, by filing a property tax lien, as
set forth in this section.
B. Upon completion of abatement work, the building services division shall prepare
an itemized statement of costs and mail it to the property owner by certified mail or by any
reputable mail tracking service that is capable of confirming delivery, demanding payment
within 30 days of the date the statement is post marked.
C. The itemized statement of costs shall:
1. Include:
a. The address of the property at issue;
b. An itemized list of all expenses incurred by the building services
division, including administrative costs;
c. A demand for payment; and
d. The address where payment is to be made;
2. Notify the property owner:
a. That failure to timely pay the expenses described in the itemized
statement may result in a lien on the property in accordance with this chapter and
Utah Code section 10-11-4 or its successor;
b. That the property owner may file a written objection to all or part
of the statement within 20 days of the date the statement is postmarked; and
c. Where the property owner may file the objection, including the
name of the office and the mailing address.
D. The itemized statement of costs described in subsection C of this section shall be
deemed delivered when mailed by certified mail or by any reputable mail tracking service that is
capable of confirming delivery addressed to the last known address of the property owner,
according to the records of the Salt Lake County Recorder.
E. If the property owner files a timely objection, the building services division will
schedule a hearing in accordance with title 52, chapter 4 of the Utah Code (Open and Public
Meetings Act), and will mail or deliver to the property owner prior to the hearing a notice stating
the date, time, and location of the hearing.
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F. At the hearing described in subsection E of this section, a fines hearing officer
shall review and determine the actual cost of abatement incurred by the building services
division in abating the property, including administrative costs. The property owner must pay
any amount the fines hearing officer determines is due and owing to the Salt Lake City Treasurer
at the address provided in the statement of costs within 30 days of the date of the hearing.
G. If the property owner fails to make payment of the amount set forth in the
itemized statement within 30 days of the date of the mailing of that statement, or to file a timely
objection, then the building services division may certify the past due costs and expenses to the
Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-
11-4 or its successor.
H. If the property owner files a timely objection but fails to make payment of any
amount found due and owing under subsection F of this section within 30 days of the date of the
hearing, the building services division may certify the past due costs and expense to the Salt
Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-11-4.
I. After entry by the Treasurer of the County, as set forth in subsections G and H of
this section the amount entered shall be a nonrecurring notice charge as defined in Utah Code 11-
60-102, is a lien on the property, and shall be collected by the Salt Lake County Treasurer at the
time of the payment of general taxes.
J. Notwithstanding any other provision in this chapter to the contrary, where the
property owner presents evidence demonstrating financial hardship to the satisfaction of the
building services division, the building services division may waive some or all administrative
fees and the actual costs incurred in abating the property if the property abated is the property
owner's principal place of residence.
SECTION 21. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section
21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and
hereby is amended as follows:
a. Adding the definition of “CITATION DEADLINE.” That the definition of
“CITATION DEADLINE” be added and inserted into the list of definitions in
alphabetical order to read as follows:
CITATION DEADLINE: the date identified in the notice and order to correct the
violation(s) identified therein.
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b. Adding the definition of “CIVIL ENFORCEMENT OFFICER.” That the definition
of “CIVIL ENFORCEMENT OFFICER” be added and inserted into the list of
definitions in alphabetical order to read as follows:
CIVIL ENFORCEMENT OFFICER: an employee of Salt Lake City’s Division of
Building Services, or successor division, authorized to perform civil enforcement
functions, or any duly authorized agent, representative, or designee.
c. Adding the definition of “NOTICE OF COMPLIANCE.” That the definition of
“NOTICE OF COMPLIANCE” be added and inserted into the list of definitions in
alphabetical order to read as follows:
NOTICE OF COMPLIANCE: a written notice informing the person cited that the
violation has been corrected.
d. Adding the definition of “PERSON CITED.” That the definition of “PERSON
CITED” be added and inserted into the list of definitions in alphabetical order to read
as follows:
PERSON CITED: the property owner, property owner's agent, tenant or occupant of any
building or land or part thereof and any architect, builder, contractor, agent or other
person who participates in, assists, directs or creates any situation that is contrary to the
requirements of this title, and who received the notice of violation and is being held
responsible for the violation.
e. Adding the definition of “PROPERTY OWNER.” That the definition of
“PROPERTY OWNER” be added and inserted into the list of definitions in
alphabetical order to read as follows:
PROPERTTY OWNER: any person who, alone or jointly or severally with others, holds
legal title to the property at issue.
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SECTION 22. Amending the text of Salt Lake City Code Section 2.07.020. That Section
2.07.020 of the Salt Lake City Code is hereby amended to eliminate the “Housing advisory and
appeals board” therefrom as follows:
2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
For the purpose of this chapter the term "city board" or "board" means the following city boards,
commissions, councils, and committees:
Accessibility and disability commission
Airport board
Board of appeals and examiners
Business advisory board
Citizens' compensation advisory committee
City and county building conservancy and use committee
Community development and capital improvement programs advisory board
Community recovery committee
Fire code board of appeals
Golf enterprise fund advisory board
Historic landmark commission
Housing trust fund advisory board
Human rights commission
Library board
Parks, natural lands, trails, and urban forestry advisory board
Planning commission
Public utilities advisory committee
Racial equity in policing commission
Salt Lake art design board
Salt Lake City arts council board
Salt Lake City sister cities board
Transportation advisory board
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SECTION 23. Repealing Salt Lake City Code Chapter 2.21. That Chapter 2.21 of the Salt
Lake City Code (Housing Advisory and Appeals Board) shall be, and hereby is repealed in its
entirety as follows:
2.21.010: GENERAL PROVISIONS:
The provisions of chapter 2.07 of this title shall apply to the housing advisory and appeals board
except as otherwise set forth in this chapter. (Ord. 67-13, 2013)
2.21.020: CREATION AND MEMBERSHIP:
A. The city creates a housing advisory and appeals board ("HAAB").
B. HAAB shall be comprised of ten (10) members from among the qualified electors of the
city in a manner providing balanced geographical, professional, neighborhood and
community representation.
C. The HAAB chair or vice chair may not be elected to serve consecutive terms in the same
office. The secretary of HAAB shall be designated by the building official.
D. The expiration of terms shall be staggered with no more than three (3) terms expiring in
any one year. Expiration of terms shall be on December 31.
2.21.030: POWERS AND AUTHORITY:
HAAB shall have the power and authority to:
A. Apply the provisions of Title 5, Chapter 5.14 and Title 18, Chapter 18.50 of this code;
B. Hear and decide appeals as specified in Title 5, Chapter 5.14 and Title 18, Chapter 18.50
of this code;
C. Modify the impact of specific provisions of Title 5, Chapter 5.14 and Title 18, Chapter
18.50 of this code, where strict compliance with the provisions is economically or
structurally impracticable and any approved alternative substantially accomplishes the
purpose and intent of the requirement deviated from;
D. Conduct housing impact hearings pursuant to Title 18, Chapter 18.64 of this code;
E. Recommend new procedures to the building official and new ordinances regarding
housing to the city council; and
F. Hear and decide appeals as specified in Title 18, Chapter 18.48 of this code.
135
2.21.040: HAAB PANELS:
Unless otherwise determined appropriate by the chair, HAAB may exercise any of its
responsibilities under title 5, chapter 5.14, or title 18, chapter 18.50 of this code in panels of five
(5) voting members appointed by the chair. (Ord. 65-15, 2015)
SECTION 24. Amending the text of Salt Lake City Code Section 2.80.040. That Section
2.80.040 of the Salt Lake City Code (Housing Trust Fund Advisory Board: Fund Created) shall
be, and hereby is amended as follows:
2.80.040: FUND CREATED:
There is created a restricted account within the general fund, to be designated as the "Salt Lake
City housing trust fund" (the "fund"). The fund shall be accounted for separately within the
general fund, and the fund shall be used exclusively to assist with affordable and special
needs housing in the city. No expenditures shall be made from the fund without approval of the
city council.
A. There shall be deposited into the fund all monies received by the city, regardless
of source, which are dedicated to affordable housing and special needs housing including, but not
limited to, the following:
1. Grants, loan repayments, bonuses, entitlements, mitigation fees,
forfeitures, donations, redevelopment tax increment income, and all other monies
dedicated to affordable and special needs housing received by the city from federal, state,
or local governments;
2. Real property contributed to or acquired by the city under other ordinances
for the purposes of preserving, developing, or restoring affordable housing;
3. Monies appropriated to the fund by the council; and
4. Contributions made specifically for this purpose from other public or
private sources.
5. CDBG, ESG, and HOPWA monies only as designated by the city's
community development advisory board and approved by the mayor and city
council, and HOME monies only as designated by the city's housing trust fund advisory
board and approved by the mayor and city council.
B. The monies in the fund shall be invested by the city treasurer in accordance with
the usual procedures for such special accounts. All interest or other earnings derived from fund
monies shall be deposited in the fund.
136
SECTION 25. Amending the text of Salt Lake City Code Subsection 5.14.120.B.2. That
Subsection 5.14.120.B.2 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
Penalties: Amount of Penalty) shall be, and hereby is amended as follows:
2. Amount of Penalty: Civil penalties shall accrue as follows:
a. Violations of the self-certification standards established by the City: $50.00
per violation per day. If more than 10 violations exist, the daily penalties shall
double.
SECTION 26. Amending the text of Salt Lake City Code Subsection 5.14.120.B.6. That
Subsection 5.14.120.B.6 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
Penalties: Appeals) shall be, and hereby is amended as follows:
6. Appeals:
a. Appeals Contesting the Existence of a Violation:
(1) Appeals contesting the existence of the violation must be done in
accordance with Section 18.12.030.
b. Appeals Contesting the Amount of the Penalties Imposed: any person
receiving a notice of violation may appeal the civil fines imposed, but not the
basis therefor (which must be done pursuant to Subsection 5.14.120.B.6.a), in
accordance with Section 18.12.050.
SECTION 27. Repealing Salt Lake City Code Section 5.14.125. That Section 5.14.125 of
the Salt Lake City Code (Housing Advisory and Appeals Board Appellate Process Details) shall
be, and hereby is repealed in its entirety as follows:
5.14.125: HOUSING ADVISORY AND APPEALS BOARD APPELLATE PROCESS
DETAILS:
A. Filing Of Appeals: Appeals shall be submitted on an appeal form provided by the
building official. The appellant shall state the specific order or action protested and a statement
137
of the relief sought, along with the reasons why the order or action should be reversed, modified
or otherwise set aside.
B. Failure To Appeal: Failure of any person to file an appeal in accordance with the
provisions of this section shall constitute a waiver of the person's right to an appeal.
C. Inspection Of The Premises: Before any hearing is held by a Housing Advisory
and Appeals Board panel, the panel shall inspect the building or premises involved. Prior notice
of such inspection shall be given to the notified party filing the appeal, who may be present at
such inspection. Upon completion of the inspection, the Chairperson of the panel shall state for
the record the material facts observed at the inspection, which facts shall be read at the initiation
of the hearing. Failure of the notified party to provide access without good cause as determined
by the building official shall not constitute a reason for the hearing to be postponed and the
appeal may be denied.
D. Written Notice: Written notice of the time and place of panel hearings shall be
mailed to the appellant in accordance with procedures adopted by the Housing Advisory and
Appeals Board.
E. Appeals Hearing: Any notified party may appear personally or authorize a
designee to act in their behalf. The City and any notified party may call and examine witnesses
on any relevant matter, introduce documentary and physical evidence, and cross examine
opposing witnesses. Any relevant evidence shall be admitted.
F. Record: A record of the entire proceeding of all appellate hearings under this
section shall be made by tape recording, or by any other means of permanent recording
determined to be appropriate by the Housing Advisory and Appeals Board. The record shall be
retained on file in accordance with the City's record retention schedule.
SECTION 28. Amending the Salt Lake City consolidated fee schedule. That the Salt
Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect
the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City
consolidated fee schedule shall be published on the official Salt Lake City website.
SECTION 29. Effective Date. That this ordinance shall become effective on the date of
its first publication.
138
Passed by the City Council of Salt Lake City, Utah this ___ day of ____________ 2024.
______________________________________
CHAIRPERSON
ATTEST:
_________________________
CITY RECORDER
Transmitted to Mayor on ____________________________.
Mayor’s Action: _________ Approved. ____________ Vetoed.
_______________________________________
MAYOR
(SEAL)
Bill No. _______ of 2024.
Published: __________________
Ordinance amending Title 18 administration_v3
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
139
EXHIBIT A
COMMUNITY AND NEIGHBORHOODS (CAN)
Service Fee Additional Information Section
Boarding or Securing of
Buildings
Boarding administrative costs $500 Plus actual costs, see Section
18.48.100
18.48.100
Boarding registration fee $14,000 Per parcel 18.48.215
Boarding registration fee for a
contributing structure or landmark site
$14,850 Per parcel 18.48.215
Other abatement administrative cost $129 Plus actual costs 18.48, 9.36,
21A.20
City maintenance of building $219 Annual, plus actual costs, see Section
18.48.250
18.48.250
Building Code Enforcement
Violation of Title 18 (except Ch. 18.50 or
Stop Work Order)
$100 18.24.030
Violation of Stop Work Order $250 18.24.040.B
Violation of Ch. 18.50
Substandard condition $50 18.50.100.D
Hazardous condition $100 18.50.100.D
Imminent danger condition $250 18.50.100.D
Appeal of a decision to the board of
appeals and examiners
$285 Add’l fee for required public notices 18.12.020
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1 SALT LAKE CITY ORDINANCE
2 No. _____ of 2024
3 (An ordinance amending the text of Titles 2, 5, 18 and 21A of the Salt Lake City Code to
4 modernize the administration, enforcement, and appeals procedures applicable to the state
5 construction codes)
6
7 An ordinance amending the text of Titles 2, 5, 18, and 21A of the Salt Lake City Code to
8 modernize the administration, enforcement, and appeals procedures applicable to the state
9 construction codes pursuant to Petition No. PLNPM2023-00868.
10 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
11 public hearing on January 24, 2024 to consider a petition by the Salt Lake City Council (“City
12 Council”) to amend various provisions of Titles 2, 5, 18 and 21A of the Salt Lake City Code
13 pursuant to Petition No. PLNPM2023-00868; and
14 WHEREAS, at its January 24, 2024 meeting, the Planning Commission voted in favor of
15 transmitting a positive recommendation to the City Council on said 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 SECTION 1. Amending the text of Salt Lake City Code Chapter 18.04. That Chapter
20 18.04 of the Salt Lake City Code (Administration and Enforcement: Administration and General
21 Provisions) shall be, and hereby is amended as follows:
22 CHAPTER 18.04
23 ADMINISTRATION AND GENERAL PROVISIONS
24
25 18.04.010: DIVISION OF BUILDING AND HOUSING SERVICES; ADMINISTRATIVE
26 DUTIES:
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27 This title establishes the duties of the division of building and housing services.
28
29 18.04.020: DEFINITIONS:
30 A. Where undefined terms are used in this title, the definitions of "Webster's
31 Unabridged Collegiate Dictionary" shall apply.
32 B. In addition thereto, aAll words and phrases defined in this section chapter shall be
33 given such defined meanings wherever used in this title, including the following:
34 BUILDING OFFICIAL: Means and refers to the director of the division of building and housing
35 services, or his/her designee.
36 DEVELOPMENT: any building activity or clearing of land as an adjunct of construction.
37 DEVELOPMENT ACTIVITY: shall have the same meaning as defined in Utah Code §10-9a-
38 103 or its successor provisions.
39 DIVISION: Means and refers to the division of building and housing services of the city.
40 ENFORCEMENT OFFICIAL: any person employed by and authorized by the city to enforce
41 violations of state law or this title, including, but not limited to, building inspectors, the building
42 official, fire marshals, and civil enforcement officers.
43 NONCOMPLIANT PROPERTY: property where one or more violations of this title have
44 occurred or are currently occurring.
45 NOTICE OF NONCOMPLIANCE: a document, in any form, giving notice to interested parties
46 that one or more violations of city code exist on the noncompliant property.
47 PERSON: any individual, receiver, assignee, trustee in bankruptcy, trust, estate firm, co-
48 partnership, joint venture, club, company, joint stock company, business trust, limited liability
49 company, corporation, association, legal entity, society or other group of individuals acting as a
50 unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
51 RESPONSIBLE PARTY: means the person(s) determined by the city who is responsible for
52 causing, maintaining, or allowing the continuation of a violation of this title. This may include,
53 but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder,
54 contractor, business owner, or other person who individually or together with another person is
55 responsible for causing, maintaining, or allowing the continuation or a violation of any provision
56 of the code.
57
58 18.04.030: APPLICATION OF PROVISIONS: RESERVED
59 This title applies to the construction, alteration, moving, demolition, repair and use of any
60 building or structure and the equipment therein within Salt Lake City's jurisdiction, including
61 portable dwellings, mobile homes, trailers, and mobile home parks.
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62
63 18.04.040: TECHNICAL CONSTRUCTION CODES; ADOPTION, ADMINISTRATION
64 AND ENFORCEMENT BUILDING AND CONSTRUCTION CODES ADOPTED:
65 The following codes, as adopted by the State of Utah, along with any adopted appendices are
66 hereby adopted as part of the code of Salt Lake City:
67 The International Building Code, as promulgated by Title 15A of the Utah State Code;
68 The International Residential Code, as promulgated by Title 15A of the Utah State Code;
69 The International Fire Code;
70 International Existing Building Code;
71 International Energy Conservation Code;
72 International Fuel Gas Code;
73 National Electrical Code;
74 The International Mechanical Code;
75 The International Plumbing Code;
76 The International Swimming Pool and Spa Code;
77 Rule R156-56 of the Utah Administrative Code;
78 ICC/MBI 1205-2021 Standard for Off-Site Construction: Inspection and Regulatory
79 Compliance, or its successor, and
80 1997 Uniform Code for the Abatement of Dangerous Buildings
81 This title provides for the adoption, administration, and enforcement of the technical construction
82 codes referenced herein. Each of the referenced technical codes bears a legal influence over
83 details of the design, construction, alteration, occupancy, use, repair and maintenance of
84 buildings, structures, and certain equipment therein. Each of the referenced technical codes
85 provides minimum standards and practical safeguards and provisions against threats to life and
86 limb, health, safety, property, and public welfare. Wherever in these codes reference is made to
87 an appendix, the provisions of the appendix shall apply.
88
89 18.04.050: EQUIPMENT INSTALLATION SPECIFICATIONS: RESERVED
90 This title establishes minimum requirements for the installation and maintenance of electrical
91 conductors, fittings, devices and fixtures, herein referred to as "electrical equipment"; for the
92 installation and maintenance of plumbing, heating, cooling, ventilation and refrigeration systems;
93 for the installation and maintenance of fuel piping and energy using equipment; fire protection or
94 fire prevention piping within the corporate limits of the city, and to provide for the enforcement
95 thereof.
96
97 18.04.060: RESOLUTION OF CONFLICTING PROVISIONS:
98 Wherever conflicting provisions or requirements of the codes adopted in Section 18.04.040 or
99 the provision of this title occur, the most restrictive provisions or requirements shall govern. In
100 the event a provision of this title conflicts with an is more restrictive than the codes adopted in
101 Utah Code Title 15A, the provisions of Title 15A shall govern.
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102
103 18.04.070: LIABILITY LIMITATIONS:
104 Nothing in this title shall be construed to relieve or lessen the responsibility of any contractor,
105 owner, or any other persons involved, for apparatus, construction or equipment installed by or
106 for them, for damages to anyone injured or damaged either in person or property by any defect
107 therein, nor shall the city or any employee thereof be held to assume any liability by reason of
108 the inspections authorized herein, or the certificate of occupancy issued by the building official
109 of the division of building and housing services.
110
111 SECTION 2. Amending the text of Salt Lake City Code Chapter 18.08. That Chapter
112 18.08 of the Salt Lake City Code (Administration and Enforcement: Organization) shall be, and
113 hereby is amended as follows:
114 CHAPTER 18.08
115 ORGANIZATION
116 18.08.010: DIVISION ESTABLISHED; SECTIONS DESIGNATED:
117 There is established, in the department of community and neighborhoods development services,
118 a subordinate division of building and housing services, to be under the supervision of the
119 building official, which division shall be divided into the following sections: . The function of
120 the division shall be the implementation, administration and enforcement of the provisions of this
121 title.
122 A. Construction compliance;
123 B. Zoning compliance;
124 C. Housing preservation.
125
126 18.08.020: POWERS AND DUTIES OF THE DIVISION:
127 The functions of the division of building and housing services shall be:
128 A. To enforce the zoning laws of Salt Lake City and to inspect, or cause to be
129 inspected, all buildings and structures erected, or proposed to be erected in the city;
130 B. To carry out, enforce and perform all duties, provisions and mandates designated,
131 made and set forth in the ordinances of the city concerning zoning, building, plumbing, electrical
132 and mechanical construction, and construction related fire suppressionrepair, including uniform
133 housing code regulations;
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134 C. To examine and approve all plans and specifications before building permits shall
135 be issued, and to execute all permits, certificates and notices required to be issued inspect or
136 cause to be inspected all buildings and structures erected in the city; and
137 D. To examine all applicants for licensing and registration in accordance with
138 requirements of chapter 18.16 of this title, and issue same in accordance with the requirements of
139 this title; and
140 E. To perform all of the functions and have all of the powers required of and
141 conferred on the building official by the ordinances of the city.
142
143 18.08.030: BUILDING OFFICIAL; EMPLOYMENT:
144 The mayor of the city shall employ a qualified building official, construction official, housing
145 official, zoning official, plans examiner, inspector, and such other assistants and clerks as the
146 exigencies of the work employees of the division that may from time to time be required to
147 perform the functions of this title, at such compensation and for such periods of time as the
148 mayor may deem proper.
149
150 18.08.040: BUILDING OFFICIAL; POWERS AND DUTIES:
151 The building official shall maintain public office hours necessary to efficiently administer the
152 provisions of this title and related titles and amendments thereto, and shall perform the following
153 duties:
154 A. Maintain an official register of all persons, firms or corporations lawfully entitled
155 to carry on or engage in the businesses regulated by this title to whom a current license has been
156 issued by the department of contractors of the state;
157 B. Issue building permits to properly licensed, bonded and registered persons, firms
158 or corporations for work to be done within the scope of this title;
159 C. Administer and enforce the provisions of this title in a manner consistent with the
160 intent thereof, and inspect all work authorized by any permit, to assure compliance with
161 provisions of this title or amendments thereto, approving or condemning such work in whole or
162 in part, as conditions require;
163 D. Issue a certificate of approval or certificate of occupancy for all work approved by
164 him/her;
165 E. CondemnRequire correction or and reject all work done or being done, or
166 materials used or being used which do not in all respects comply with the provisions of this title
167 and amendments thereto;
168 F. Order changes in workmanship and/or materials essential to obtain compliance
169 with all provisions of this title;
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170 G. Investigate any construction or work regulated by this title and issue such notices
171 and/or stop work orders which are necessary to prevent or to correct dangerous or unsanitary
172 conditions;
173 H. Recommend revocation of contractor licenses to the state department of business
174 regulation for cause;
175 I. Authorize any utility to make necessary connections for power, water or gas to all
176 applicants for such power or water in the city, when the installation and all facets of the
177 construction or remodel project conform to this title; and
178 J. Verify that buildings not built on site in Salt Lake City (Factory Built Buildings)
179 are built, inspected, and installed in accordance with the "ICC/MBI Standard for Off-Site
180 Construction: Planning, Design, Fabrication and Assembly", or its successor document. In order
181 for the building official to allow occupancy of qualifying structures, units delivered on site must
182 be provided with a permanently affixed tag identifying the technical code versions, with Utah
183 State Amendments, under which they were built. Individuals making the inspections must be
184 certified and licensed Bbuilding Iinspectors in the State of Utah.; and
185 K. The building official may render interpretations of this title and adopt and enforce
186 rules and supplemental regulations pursuant to adopted state construction codes to clarify the
187 application of its provisions. Such interpretations, rules and regulations shall conform to the
188 intent and purpose of this title, and shall be made available in writing for public inspection upon
189 request.
190
191 18.08.050: BUILDING OFFICIAL; DELEGATION OF AUTHORITY:
192 The building official may delegate any of his/her powers and duties to the construction official,
193 housing official, zoning official, plans examiner, inspectors and assistants, who shall enforce all
194 of the provisions of this title.
195
196 18.08.060: BUILDING OFFICIAL; UTILITY DISCONNECTION AUTHORITY:
197 The building official, or the building official's authorized representative, shall have the authority
198 to disconnect or order discontinuance of any utility service or energy supply to buildings,
199 structures or equipment therein regulated by this code, in cases of emergency or where necessary
200 for safety to protect life and property. Such utility service shall be discontinued until the
201 equipment, appliances, devices, piping or wiring found to be defective, or defectively installed,
202 are removed or restored to a safe conditionemergency or threat to life or property has ceased.
203
204 18.08.070: DEVIATION FROM REGULATIONS AUTHORIZED WHEN:
205 Where conditions are extremely adverse to full compliance with the regulations of this title, the
206 building official may grant special permission in writing to deviate from the regulations,
207 provided that in the judgment of the building official such deviation does not create an
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208 unsanitary or unsafe condition, and further provided the request for deviation is submitted for
209 approval in writing in advance of the construction or installation.
210
211 18.08.080: DIVISION; RECORD KEEPING AND ACCOUNTING:
212 An itemized account of the business and transactions of the division, the expenses thereof, and
213 the income therefrom for the preceding month shall be made and filed with the mayor each
214 month. Annual reports shall be made and filed with the mayor each year, in the same manner as
215 monthly reports.
216
217 18.08.090: DIVISION; BOOKS, PAPERS AND EQUIPMENT:
218 The city shall provide such instruments, books, papers and equipment as shall be necessary for
219 the proper performance of the duties of the members of the division. The building official shall
220 have charge and control of the books, instruments, papers and equipment used and employed in
221 the division, and shall deliver the same to his/her successor in office.
222
223 18.08.100070: BUILDING OFFICIAL; LIABILITY LIMITATIONS:
224 The building official, or his/her assistantsappeals hearing officer, fines hearing officer, or
225 enforcement officials, when acting for the city in good faith and without malice in the discharge
226 of his/her duties, shall not thereby render himself/herself liable personally, and the building
227 official is same are hereby relieved from all personal liability for any damage that may accrue to
228 persons or property as a result of any act required or by reason of any act or omission in the
229 discharge of such official's duties.
230
231 18.08.110080: BUILDING OFFICIAL; RIGHT OF ENTRY FOR INSPECTIONS:
232 The building official and any enforcement official, or his/her authorized assistants, shall have the
233 right of entry, within reasonable hours, to any building or premises for the purpose of inspection,
234 or to investigate any work or conditions governed by this title.
235
236 18.08.120090: BUILDING OFFICIAL; CONFLICT OF INTEREST PROHIBITED:
237 The building official and his/her assistants shall not in any way engage in the sale or installation
238 of equipment or supplies upon which they are required to make inspection under this code.
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239 SECTION 3. Amending the text of Salt Lake City Code Chapter 18.12. That Chapter
240 18.12 of the Salt Lake City Code (Administration and Enforcement: Board of Appeals and
241 Examiners) shall be, and hereby is amended as follows:
242
243 CHAPTER 18.12
244 BOARD OF APPEALS AND EXAMINERS
245 18.12.010: GENERAL PROVISIONS:
246 The provisions of chapter 2.07 of this title shall apply to the board of appeals and examiners
247 except as otherwise set forth in this chapter.
248
249 18.12.020: BOARD OF APPEALS CREATED; PURPOSE AND AUTHORITY:
250 In order to (1) hear and decide appeals of orders, decisions or determinations made by the
251 building official relative to the application and interpretation of this title, including any state
252 construction code adopted pursuant to Section 18.04.040, or (2) hear and decide appeals of
253 orders by enforcement officials, there shall be and is hereby created a board of appeals and
254 examiners comprised of an appeals hearing officer and the building official. The building official
255 shall be an ex officio member of said board but shall not have a vote on any matter before the
256 board. The mayor may appoint more than one appeals hearing officer, but only one appeals
257 hearing officer shall consider and decide upon any matter before the board. The appeals hearing
258 officer may serve consecutive four year terms upon the advice of the mayor and consent of the
259 city council. The appeals hearing officer need not be a resident of Salt Lake City. The board shall
260 provide for reasonable interpretations of the provisions of this title and the appeals hearing
261 officer shall be, and to determine the suitability of alternates, there shall be created a board of
262 appeals and examiners, hereinafter called "board", consisting of five (5) members who are
263 qualified by experience and training to pass upon matters pertaining to building construction,
264 housing, and abatement codes and technical disciplines set forth in this titletherein. One board
265 member shall be a LEED accredited professional. The board shall hear and decide appeals where
266 it is alleged there is an error in any order, requirement, decision or determination made by an
267 administrative official in the enforcement of this title. The board may also recommend new
268 ordinances to the city council.
269
270 18.12.030: MEMBERSHIP; TERMPROCEDURE FOR APPEALS TO THE BOARD OF
271 APPEALS & EXAMINERS:
272 Appeals of decisions by the building official or enforcement officials shall be taken in
273 accordance with the following procedures:
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274 A. Form: The appeal shall be filed using an application form provided by the
275 building official. To be considered complete, the application must include all information
276 required on the application, including but not limited to identification of the order, decision or
277 determination being appealed, the alleged error made by stating each fact and every theory of
278 relief on appeal and one or more reasons the appellant claims the administrative decision is in
279 error. Incomplete applications will not be accepted.
280 B. Filing: The application must be submitted as indicated on the form by the
281 applicable deadline, together with all applicable fees as set forth in the Salt Lake City
282 consolidated fee schedule. The applicant shall also be responsible for payment of
283 all fees established for providing the public notice required by the Utah Open and Public
284 Meetings Act, in accordance with the consolidated fee schedule, including costs of mailing,
285 preparation of mailing labels and all other costs relating to notification. All fees are due at the
286 time of filing the appeal. An appeal will not be considered complete until all applicable fees are
287 paid.
288 C. Parties Entitled to Appeal. An applicant, a board or officer of the city, or an
289 adversely affected party, as that term is defined by Utah Code 10-9a-103, or its successor, may
290 appeal.
291 D. Time for Filing an Appeal; Time for Hearing: The deadline for filing a complete
292 application for appeal is 10 days from the date of the decision, determination or order. Each
293 appeal shall be reviewed informally by the board no later than 45 days from the date of filing of
294 a written appeal, unless a later date is agreed to by the parties. Failure of any person to file an
295 appeal in accordance with the provisions of this section shall constitute a waiver of the person's
296 right to an appeal.
297 E. Notice Required. Upon receipt of an appeal the board of appeals and examiners
298 shall schedule and hold a public hearing in accordance with the standards and procedures for
299 conducting public hearings set forth in Chapter 21A.10.
300 F. Standard of Review. The board shall conduct each appeal de novo. The
301 appellant has the burden of proving the decision appealed is incorrect. The board shall render a
302 decision based upon the applicable law. The board shall afford due process to the parties on
303 appeal. Each party may call such witnesses and present such evidence as it deems appropriate,
304 provided such evidence is not unduly cumulative or irrelevant as determined by the board.
305 Hearings shall be conducted informally. After hearing all evidence and legal arguments
306 presented by the parties, the board shall apply the plain language of the applicable law and
307 issue a written decision on the merits of all theories of relief the appellant raised in the appeal.
308 G. Effect of Decision. The decision of the board is a final decision of the city,
309 appealable to district court. No person may challenge in district court any order, decision, or
310 enforcement action taken pursuant to this title unless and until that person has exhausted the
311 administrative remedies provided by this chapter.
312 H. Procedures. The proceedings of each appeal hearing shall be recorded and such
313 recordings shall be retained for a period that is consistent with city retention policies and any
314 applicable retention requirements set forth in state law. The building official shall adopt
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315 policies and procedures, consistent with the provisions of this chapter, for processing appeals,
316 the conduct of an appeal hearing, and for any other purpose considered necessary to properly
317 consider an appeal.
318 I. No Automatic Stay: Filing an appeal does not stay the decision appealed, unless a
319 provision of this title specifically states otherwise.
320 J. Requesting a Stay: The board may grant a request submitted by any party to the
321 appeal to stay a decision of the building official or enforcement official for a specified period of
322 time or until the board issues a decision, if the requesting party can show a stay is necessary to
323 prevent substantial harm to the requesting party. No request is required if a provision of this title
324 imposes an automatic stay upon the filing of an appeal with the board. If a stay is requested, the
325 board shall make reasonable efforts to determine whether a stay is appropriate within 10 days of
326 the appeal being deemed complete. If the board does not decide a request for a stay within 10
327 days of the appeal being deemed complete, the request shall be presumed denied. No stay will be
328 authorized for incomplete appeals or appeals filed after the appeal deadline.
329 Members of the board shall hold office for five (5) years. The building official shall be an ex
330 officio member of the board, and shall act as secretary.
331
332 18.12.040: BOARD DECISIONS:
333 The board of appeals shall render all decisions and findings in writing to the parties within 14
334 days of the hearing on the appealbuilding official and appellants.
335
336 18.12.050: APPEALS OF CIVIL FINES & ABATEMENT COSTS:
337
338 A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
339 pursuant to Section 21A.06.090, may hear and decide appeals of civil fines and abatement costs
340 imposed pursuant to this title. As set forth in this section, the fines hearing officer may affirm
341 civil fines, reduce civil fines, and approve civil fine payment schedules. The fines hearing officer
342 may affirm or reduce an abatement statement of costs and may approve abatement cost payment
343 schedules.
344 B. Right to Appear: Any responsible party receiving a notice and order or statement
345 of abatement costs may appear before a fines hearing officer to appeal the amount of the civil
346 fine or abatement cost imposed by submitting a statement of appeal on a form provided by the
347 division of building services. However, in the case of civil fines, no party may appear before a
348 fines hearing officer until violations identified have been corrected. Appeals to a fines hearing
349 officer contesting the amount of the civil fine imposed must be filed within 30 days from the date
350 of compliance. Appeals to a fines hearing officer contesting the statement of abatement costs
351 must be filed within 20 days from the date the statement of costs is delivered, but the only issue
352 on such appeal is the amount of such costs and not the city’s determination to incur abatement
353 costs. Failure of any person to file an appeal in accordance with the provisions of this section
354 shall constitute a waiver of the person's right to an appeal.
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355 C. Responsibility: Commencement of any action to remove or reduce civil fines shall
356 not relieve the responsibility of any responsible party to correct the violation or make payment of
357 accrued civil fines nor shall it require the city to reissue any of the notices required by this
358 chapter.
359 D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
360 hearing officer after the violation is corrected and if any of the following conditions exist:
361 1. Strict compliance with the notice and order would have caused an
362 imminent and irreparable injury to persons or property;
363 2. The violation and inability to correct the same were both caused by a force
364 majeure event such as war, act of nature, strike or civil disturbance;
365 3. A change in the actual ownership of the property was recorded with the
366 Salt Lake County Recorder's Office after a notice of violation was issued and the new
367 property owner is not related by blood, marriage or common ownership to the prior
368 owner; or
369 4. Such other mitigating circumstances as determined by the fines hearing
370 officer.
371 E. Notice Required. Upon receipt of an appeal of a statement of abatement costs the
372 fines hearing officer shall schedule and hold a public hearing in accordance with the standards
373 and procedures for conducting public hearings set forth in Chapter 21A.10.
374 F. Payment Schedule: At the request of a responsible party subject to civil fines or
375 abatement costs governed by this title, the fines hearing officer may approve a payment schedule
376 for the delayed or periodic payment of the applicable civil fine or abatement costs to
377 accommodate the person's unique circumstances or ability to pay.
378 G. Failure to Comply with Payment Schedule: If a payment schedule has been
379 developed by the fines hearing officer, the failure by a person to submit any 2 payments as
380 scheduled shall cause the entire amount of the original civil fine or abatement cost to become
381 immediately due, less any payments actually made.
382 18.12.060: JUDICIAL REVIEW OF BOARD'S DECISIONS:
383 The city, or any person aggrieved by any decision of the board or fines hearing officer as to
384 abatement costs, may appeal to district courthave and maintain an action for relief therefrom in a
385 court of competent jurisdiction, provided a so long as the petition for such relief is filed
386 withpresented to the court within thirty (30) days of the board’s or fines hearing officer’s
387 decisionafter the filing of such decision in the office of the board.
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388 SECTION 4. Amending the text of Salt Lake City Code Chapter 18.16. That Chapter
389 18.16 of the Salt Lake City Code (Administration and Enforcement: Registration and Licenses)
390 shall be, and hereby is amended as follows:
391
392 CHAPTER 18.16
393 REGISTRATION AND LICENSES
394
395 ARTICLE I. CONTRACTOR REGISTRATION
396
397 18.16.010: REGISTRATION; PREREQUISITE TO BUILDING WORK:
398 It is unlawful for any person, firm or corporation to perform any work requiring a permit from
399 the city division of building and housing services without first having registered with the
400 building official.
401
402 18.16.0210: STATE CONTRACTOR LICENSE REQUIRED:
403 Except as provided in Section 18.20.070, eEvery applicant for registration a permit issued
404 pursuant to this title shall furnish evidence that such applicant is currently licensed under the
405 provisions of the Utah contractor's license law as it presently exists or hereafter may be
406 amended, giving the classification and number of the license, and shall have secured all licenses
407 required by the ordinances of Salt Lake City.
408
409 18.16.0240: EXCAVATION BOND REQUIRED:
410 Any person, firm or corporation properly licensed to do business in accordance with this title
411 who in the course of their work has occasion to excavate in the city streets, alleys or rights of
412 way shall file an additional bond with the city in the amount of ten thousand dollars
413 ($10,000.00), or such larger amount as the city engineermayor may require.
414
415 18.16.050: FEE FOR REGISTRATION:
416 Each person, firm or corporation required to register in accordance with this chapter shall pay a
417 registration fee shown on the Salt Lake City consolidated fee schedule for each fiscal year, or
418 part thereof.
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419 18.16.0360: LICENSE AND REGISTRATION NOT TRANSFERABLE:
420 It is unlawful for any contractor to use such contractor's license or registration or to allow his/her
421 license to be used in any way for the purpose of procuring a license bond, registration or permit
422 for any person other than such contractor.
423
424 18.16.0470: SALE OF UNAPPROVED MECHANICAL EQUIPMENT PROHIBITED:
425 It is unlawful for any dealer or person to sell, deliver or offer for sale any mechanical equipment
426 or apparatus that has not been approved by a recognized listing agency.
427
428 SECTION 5. Amending the text of Salt Lake City Code Chapter 18.20. That Chapter
429 18.20 of the Salt Lake City Code (Administration and Enforcement: Permits and Inspections)
430 shall be, and hereby is amended as follows:
431
432 CHAPTER 18.20
433 PERMITS AND INSPECTIONS
434
435 18.20.010: WORK REQUIRING PERMIT:
436 No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve,
437 remove, convert or demolish any building, structure or premises, or make any installation,
438 alteration or improvement to the electrical, fire, plumbing or mechanical system in a building,
439 structure or premises, or cause the same to be done, without first obtaining the prescribed permits
440 for each such building or structure or premises from the building official.
441
442 18.20.020: EXEMPT WORK DESIGNATED FEES:
443 A. A building permit shall not be required for the following:
444 1. Playhouses and similar uses;
445 2. Oil derricks;
446 3. Movable cases, counters and partitions not over five feet (5') high;
447 4. Retaining walls which are not over two feet (2') in height measured from the bottom of
448 the footing to the top of the wall, unless supporting a surcharge or impounding flammable
449 liquids;
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450 5. Water tanks supported directly upon grade if the capacity does not exceed five thousand
451 (5,000) gallons and the ratio of height to diameter or width does not exceed two to one (2:1);
452 6. Painting, papering and similar finish work;
453 7. Temporary motion picture, television and theater stage sets and scenery;
454 8. Window awnings supported by an exterior wall of group R, division 3, and group M
455 occupancies, when projecting not more than fifty four inches (54").
456 B. Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be
457 required for the above exempted items.
458 C. Exemption from the permit requirements of this code shall not be deemed to grant
459 authorization for any work to be done in any manner in violation of the provisions of this code or
460 any other laws or ordinances of this jurisdiction.
461
462 A. Building permit fees shall be based on the total valuation of the proposed project
463 as shown on the Salt Lake City consolidated fee schedule.
464 B. Plan review fees shall be 65% of the building permit fees.
465 C. Fees to expedite building plan review as governed by Section 18.20.050 shall be 2
466 times the standard building plan review fee.
467 D. Penalties for not obtaining permanent certificate of occupancy will be $300.00 for
468 each month, after the initial 30 day temporary certificate of occupancy, which has no additional
469 cost associated with it; due before the first of the month and only allowed for up to 3 renewals
470 after the initial free 30 day period. Partial months will not be refunded.
471 E. Fees for renewing expired plan review after 180 days as governed by Section
472 18.20.110 shall be shown on the Salt Lake City consolidated fee schedule.
473 F. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
474 each permit for fencing.
475 G. Other fees shall consist of electrical, mechanical and plumbing, and fire
476 suppression and monitoring equipment inspection fees as shown on the Salt Lake City
477 consolidated fee schedule.
478
479 18.20.030: APPLICATION; FORM AND FILING:
480 To apply forobtain a building permit the applicant shall first file an application on a form
481 furnished by the building official and pay the requisite fee therefor as established in the Salt Lake
482 City consolidated fee schedule, in writing, on a form furnished for that purpose.
483
484 18.20.040: APPLICATION; PLANS AND OTHER DATA:
485 Each application for a permit shall be accompanied by all required plans, diagrams and other
486 data, in duplicate, unless otherwise required by the building official. The building official may
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487 require the plans and other data to be prepared and designed by an engineer or architect licensed
488 by the state to practice as such.
489
490 18.20.050: APPLICATION; REVIEW; PERMIT ISSUANCE CONDITIONS:
491 A. Application Review: Except as provided in subsection B of this section, the
492 application plans and data filed by an applicant for a building permit shall be checked by the
493 building official. Said application may be reviewed by other government agencies or
494 departments to check compliance with the laws and ordinances under their jurisdiction. If the
495 building official is satisfied that the work described in an application for a building permit and
496 plans filed therewith conform to the requirements of this title and other pertinent ordinances and
497 laws and that the required fees have been paid, the building official shall issue a permit therefor
498 to the applicant. No building permit shall be issued unless and until the plans and specifications
499 comply with all applicable land use regulations, including but not limited to Title 21A. The
500 building official may issue a permit for the construction of part of a building or structure before
501 the entire plans and specifications for the whole building or structure have been submitted or
502 approved, provided adequate information and detailed statements have been filed complying
503 with all pertinent requirements of this title. The holder of such permit shall proceed at his or her
504 own risk without assurance that the permit for the entire building or structure will be granted.
505 B. Expedited Plan Review: A building permit applicant may seek an expedited
506 building plan review, provided that the applicant pay the expedited plan review fee set forth in
507 sSection 18.2032.02035 of this title. The expedited building plan review may be conducted by a
508 qualified third party with significant experience conducting building plan reviews, as selected
509 and approved by the building official. The person(s) assigned to conduct the expedited building
510 plan review shall provide initial comments, including corrections to be made to the building
511 plans, within ten (10) business days of the date the application was filed and all fees paid.
512 C. Plan Review Expiration: If a building permit applicant fails to submit corrected
513 building plans in accordance with the comments and requirements of the building services
514 division or its authorized representative within one hundred eighty (180) days of the division
515 transmitting such comments and requirements to the applicant, or if the applicant fails to pay the
516 required building permit fee within one hundred eighty (180) days of the division informing the
517 applicant that its building plans are approved and the building permit fee is due, the plan review
518 shall expire at the end of such period and the review become null and void. An expired plan
519 review may be renewed, provided that the applicant pay the plan review renewal fee established
520 in sSection 18.2032.020035 of this title, however, no plan review may be renewed after three (3)
521 years from the original submission date or if new versions of the codes adopted pursuant to
522 Section 18.04.040 have come into effect since the prior plan review was conducted.
523
524 18.20.060: PERMIT; ISSUED TO LICENSED CONTRACTORS ONLY:
525 Except as otherwise provided by this title, it is unlawful to issue a permit no building permit shall
526 be issued to any person other than a duly registered licensed contractor licensed to do business
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527 by the state department of business regulation, and registered by the city division of building and
528 housing services by the State of Utah Division of Professional Licensing or its successor.
529
530 18.20.070: HOMEOWNER PERMITS:
531 Any permit required by this title may be issued to any person to do any work regulated by this
532 title in a single-family dwelling used exclusively for such person's living purposes, including the
533 usual accessory buildings and quarters in connection with such buildings, provided that any such
534 person is a bona fide owner of any such dwelling and accessory buildings and quarters, and that
535 the same are occupied or designed to be occupied by such owner, and further provided that the
536 owner shall furnish the building official with a complete layout drawing of the proposed work,
537 satisfy the building official that he or she has a working knowledge of the code requirements,
538 performs the work himself or herself, pays the necessary inspection fees, and calls for all
539 inspections required by this title.
540
541 18.20.080: PERMIT; EFFECT OF ISSUANCE:
542 The issuance of a permit or approval of plans or other data shall not be construed to be a permit
543 for or an approval of any violation of any of the provisions of this title, Title 21A, or any rights
544 of third parties. The issuance of a permit based upon plans and other data shall not prevent the
545 building official from thereafter requiring the correction of errors in said plans and data or from
546 stopping construction activitybuilding operations being carried on thereunder when in violation
547 of this title or any other ordinancelaw. The city shall have no obligation to enforce the rights of
548 third parties or recover damages to third parties due to the acts or omissions of permit holders.
549
550 18.20.090: START OF WORK WITHOUT PERMIT; PENALTY FEES;
551 EMERGENCIES:
552 A. Whenever any work requiring a permit under this title is commenced without a
553 permit first having been obtained the building official may pursue enforcement of this title
554 pursuant to Chapter 18.24.
555 B. Fee Increase When: Whenever any construction or work for which a permit is
556 required by this title is started or commenced without obtaining the prescribed permit, the fees
557 specified in this title may be increased by the building official up to a fee of ten percent (10%) of
558 the valuation of the proposed construction as determined by the building official, or one
559 thousand dollars ($1,000.00), whichever is greater, but the payment of such increased fees shall
560 not relieve any persons from fully complying with the requirements of this title in the execution
561 of the work nor from any other penalties prescribed herein.
562 B. C. Exception; Emergency Work: This provision section shall not apply to
563 emergency work when it shall be proved to the satisfaction of the building official that such work
564 was urgently necessary and that it was not practical to obtain a permit therefor before the
565 commencement of the work. In all such cases, a permit must be obtained as soon as it is practical
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566 to do so, and if there be an unreasonable delay in obtaining a permit, a double fee, as herein
567 provided, shall be charged.
568
569 18.20.100: PERMIT; DENIAL CONDITIONS:
570 The building official may refuse to issue any permit for work governed by this title to any person
571 who has a permit revoked in accordance with this title, or during such time as such person fails
572 to comply with any provision of this title or Title 21A. No permit shall be issued to the
573 responsible party for a property actively subject to enforcement proceedings by the city for
574 violations of this title or Title 21A, except for permits required to correct the violations.
575
576 18.20.110: PERMIT; EXPIRATION AND RENEWAL:
577 Every permit issued by the building official under the provisions of this title shall expire by
578 limitation and become null and void if the building or work authorized by such permit is not
579 commenced within one hundred eighty (180) days from the date of such permit or if the building
580 or work authorized by such permit is suspended or abandoned at any time after the work is
581 commenced for a period of one hundred eighty (180) days. Before such work can be
582 recommenced, the permittee must request that the permit shall first be renewed by the building
583 official and the fee therefor shall be one-half (1/2) the amount required for a new permit for such
584 work. Such renewal may be granted if such request is made prior to the permit expiring upon the
585 permittee demonstrating justifiable cause for the renewal, and provided no changes have been
586 made or will be made in the original plans or scope of such work. Such renewal shall be denied if
587 such request is made after the permit has expired and (1), and provided no changes have
588 occurred relative to other municipal regulations impacting the use, size, yard, space or other
589 requirements concerning the proposed structure or development have changed since the permit
590 was issued, (2) material changes have been made or will be made in the original plans or scope
591 of work, or (3) justifiable cause does not exist to allow the project to be renewed. In connection
592 with renewing a permit that pertains to construction of a new structure or substantial exterior
593 alteration of a site the building official may impose reasonable conditions regarding a deadline to
594 complete the work, posting of a bond, erection of fences, securing methods, and similar
595 conditions to mitigate the hazards of and limit the nuisances of ongoing construction. Whenever
596 a construction permit is taken out in order to resolve the violation(s) specified in a notice and
597 order, the expiration date for the permit shall coincide with the time limit for resolution of the
598 violation(s) contained in the notice and order.
599
600 18.20.120: PERMIT; NOT TRANSFERABLE:
601 Building permits are non-transferable without completion of a permit transfer document
602 approved by the building official. When any work construction activity regulated by this title is
603 not completed by the permittee identified inunder the permit and is insteadissued to him or her
604 for the work and the work in question is added to or completed by any other personone or more
605 contractors, such personeach contractor shall procure a permit to cover the work he or she
606 performs.
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607
608 18.20.130: PERMIT; SUSPENSION OR REVOCATION:
609 The building official may, in writing, suspend or revoke a permit issued under provisions of this
610 title whenever the permit is issued in error, or on the basis of incorrect inaccurate information
611 supplied, or upon a finding of ain violation of any ordinance or regulation of any of the
612 provisions of this title or Title 21A.
613
614 18.20.140: HEARING ON DENIAL OR REVOCATION OF PERMIT:
615 Any person adversely affected by the action of the building official made pursuant to Section
616 18.20.130in accordance with the preceding sections may appeal pursuant to Chapter 18.12to the
617 board of appeals and examiners for a hearing upon such revocation or denial, except that an
618 appeal of a revocation or suspension of a building permit based upon a finding of a violation of
619 Title 21A shall be made to the appeals hearing officer as set forth in Chapter 21A.16.
620
621 18.20.150: INSPECTION OF WORK:
622 A. All construction, work and equipment for which a permit is required shall be
623 subject to inspections by the building official. The building official may make or require any
624 inspection of any construction work to ascertain compliance with the provisions of this title and
625 other laws which are enforced by the division.
626 B. No construction, work or equipment regulated by this title shall be connected to
627 any energy, fuel or power supply or water system or sewer system until authorized by the
628 building official.
629 C. Prior to issuance of a building permit or during construction aA survey of any lot
630 or parcel may be required by the building official to verify compliance of structures with
631 approved plans.
632 D. The building official shall not be liable for any expense entailed in the removal or
633 replacement of any material required to allow an inspection.
634
635 18.20.160: APPROVALS REQUIRED FOR ONGOING CONSTRUCTION:
636 No work shall be done on any part of the building or structure beyond the point indicated in each
637 successive inspection without first obtaining the written approval of the building official. Such
638 written approval shall be given only after an inspection shall have been made of each successive
639 step in the construction as indicated by each of the inspections required by the building official.
640
641 18.20.170: REQUESTS FOR INSPECTIONS:
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642 The building official may require that every request for the inspection be madefiled at least one
643 day before such inspection is required and in such method as prescribed by the building official.
644 Such request may be in writing or by telephone. It shall be the duty of the person requesting any
645 inspections required by this title to provide access to and means for proper inspection of such
646 work. Nothing in this section shall be construed to require the building official to perform an
647 inspection within the notice period provided herein.
648
649 18.20.180: INSPECTION RECORD CARD:RESERVED
650 Work requiring a permit shall not be commenced until the permit holder or his or her agent shall
651 have posted an inspection record card in a conspicuous place on the front premises, or on an
652 electrical service panel, and in such position as to allow the director conveniently to make the
653 required entries thereon regarding inspection of the work. This card shall be maintained in such
654 position by the permit holder until the building or structure is completed and ready for
655 occupancy.
656
657 18.20.190: FINAL INSPECTION AND CERTIFICATE OF OCCUPANCY:
658 There shall be aA final inspection and building official approval are required on all buildings and
659 structures requiring a building permit prior towhen completed and ready for occupancy. A fFinal
660 inspection approval shall be issued in the form of a certificate of occupancy. A building or
661 structure shall not be used or occupied in whole or in part, and a change in occupancy of a
662 building or structure or portion thereof shall not be, until the building official has issued a
663 certificate of occupancy therefor. A certificate of occupancy may, upon notice, be revoked by the
664 building official if the building official finds that any construction, work or equipment fails in
665 any respect to comply with the requirements of this title, or that the installation is unsafe,
666 dangerous, or a hazard to life or propertyelements of the property for which a certificate was
667 issued have been changed or modified, including a change in occupancy classification, without
668 obtaining the requisite permits required by this title. A certificate of occupancy shall be issued as
669 specified in the adopted uniform building code, as amended.
670
671 18.20.200: REINSPECTIONS AND FEES:
672 A. A reinspection fee may be assessed:
673 1. When the approved plans are not readily available to the inspector;
674 2. For failure to provide access on the date for which the inspection is
675 required;
676 3. For deviating from plans requiring the approval of the building official.
677 B. In instances where reinspection fees have been assessed or reinspection is
678 necessary, no additional inspection of the work will be performed until the required fees have
679 been paid and the permittee calls for a reinspection. The reinspection charge shall be shown on
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680 the Salt Lake City consolidated fee schedule and not exceed the amount shown on the Salt Lake
681 City consolidated fee schedule for each additional inspection required.
682
683 18.20.210: CLEANUP AND PROTECTION OF PUBLIC RIGHTS OF WAY:
684 A. Each permit holder shall be responsible to see that vehicles used in the process of
685 carrying out the work authorized by the permit shall not track any mud, dirt or debris of any kind
686 upon any streets or sidewalks within the corporate limits of Salt Lake City Corporation unless a
687 permit has been obtained from the city engineer for use of a designated portion of the right of
688 way with provisions made to keep that portion of the right of way and adjacent areas cleared of
689 mud, dirt or debris of any kind. The permittee shall install a suitable process to clean the wheels
690 of the equipment prior to its leaving the job site and entering the streets of Salt Lake City
691 Corporation. The suitable process shall consist of:
692 1. A cleaning area and crew to clean mud and dirt off the wheels and exterior
693 body surface of the trucks, or its equivalent;
694 2. The cleaning area shall be arranged to furnish adequate draining to prevent
695 puddling; the cleaning area shall be kept mud free and may be on a macadam or concrete
696 slab;
697 3. The cleaning area shall be located on private property and arranged in
698 such a way that there is no blocking of vehicular or pedestrian traffic on city rights of
699 way except where permission has been granted by the city engineer;
700 4. The cleaning water or solution used for cleaning shall not be allowed to
701 enter the city streets, gutter, or storm drain or sanitary sewer system.
702 B. All trucks and equipment leaving the site with earthen materials or loose debris
703 shall be loaded and/or covered in such a manner as to prevent dropping of materials on city
704 streets and/or sidewalks.
705 C. Ramps constructed over curbs and gutters shall not interfere with or block the
706 passage of water along the gutter and shall be constructed of asphalt material that will not erode
707 or deteriorate under adverse weather conditions.
708 D. The permit holder shall install erosion and water runoff controls sufficient to
709 ensure that no stormwater, surface water, sediments or debris from the construction site shall
710 drain or wash or be tracked into any public right of way or other adjacent properties, including
711 curb and gutter, unless permission has been granted through the erosion control plan. These
712 controls shall be sufficient to cover any contingency, including, but not limited to, seasonal
713 storms, unseasonal storms, or methods of construction. The director of building and housing
714 servicesbuilding official or the city engineer may require, when in his/her discretion he/she
715 deems necessary, an erosion control plan to be submitted for approval. Such plan may be
716 required any time during construction and must be submitted within five (5) days of the request.
717 The director of building and housingbuilding official or the city engineer may suspend all work
718 until the plan requested is approved. The permit holder will maintain all erosion control facilities
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719 throughout the life of the construction project. He/she will monitor their effectiveness after
720 storms and make the necessary adjustments to ensure they function correctly.
721 E. The sidewalk and/or curb and gutter shall not be used for storage of debris, dirt or
722 excavated materials. In addition, the sidewalks shall not be removed, blocked or otherwise
723 rendered unusable by either the storage of construction equipment or materials or the
724 construction procedures used, unless a safe, usable alternate walkway along the same side of the
725 street is provided by the contractor unless a permit has been issued by the city engineer's office.
726 All alternate walkways shall be ramped in accordance with handicap ramp requirements and so
727 constructed as to provide an all weather walking surface 4four feet (4') wide as sound and
728 smooth as the normal concrete sidewalk.
729 F. The permit holder shall be responsible for the immediate removal of mud, dirt or
730 debris deposited on city streets, sidewalks and/or curb and gutters by equipment leaving the site
731 or by the permit holder's construction procedures.
732 G. If it becomes necessary for the city street crews to remove any mud, dirt, or debris
733 which has been deposited upon a street or sidewalk of Salt Lake City Corporation, the total cost
734 to the city of such removal will be charged to the property owner or contractor (permit holder),
735 including legal fees, if any. Payment of such charges will be made to the city prior to
736 certification of final inspections, utility clearances, and issuance of a certificate of occupancy.
737 H. The director of building and housing servicesbuilding official or the city engineer
738 is empowered to suspend any permit until the permit holder installs the necessary cleaning
739 equipment and/or erosion control facilities to ensure that no dust or debris is deposited upon the
740 streets and sidewalks of Salt Lake City Corporation. Such device shall operate in a manner
741 satisfactory to the director of building and housing servicesbuilding official or the city engineer.
742 I. A violation of this chapter shall be punished as a class B misdemeanor, and the
743 issuance of a criminal complaint shall not excuse the permit holder of his or her responsibilities
744 to abate the problem. Each day the violation exists shall be a separate offense.
745
746 18.20.220: WAIVER OR DEFERRAL OF FEES:
747 Nonprofit organizations may petition the city for the waiver or deferral of any or all fees required
748 by this title on an annual or project by project basis as provided below:
749 A. Petitions shall be filed with the division of housing stabilityappeals and advisory
750 board ("HAAB").
751 B. Waivers shall not be granted for projects that are receiving seventy five percent
752 (75%) or more of their funding directly or indirectly from state or federal agencies, except for
753 projects that upgrade or construct owner occupied housing or multiple dwelling units used for
754 very low income housing as provided by the guidelines established by the United States
755 department of housing and urban development.
756 C. Waivers under five hundred dollars ($500.00) may be granted by the director of
757 community and neighborhoods.
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758 D. Waiver requests over five hundred dollars ($500.00), and director denials of
759 waivers under five hundred dollars ($500.00) shall be heard informally before the director of the
760 department of community and neighborhoodsHAAB after notice of the hearing has been posted
761 for seven (7) days in the office of the city recorder.
762 ED. HAABThe director of the department of community and neighborhoods may
763 recommend granting the waiver or deferral if ithe/she finds that the project or projects, and the
764 sponsoring nonprofit organization furthers the city's established low income housing goals to
765 provide housing for persons or families under eighty percent (80%) of the city's median income,
766 as defined by the United States department of housing and urban development, and also meets all
767 applicable guidelines established for any such programs by the United States department of
768 housing and urban development. HAAB The director may recommend that waivers may be
769 granted for remodeling or construction of offices for nonprofit housing corporations if ithe/she
770 finds that such remodeling or construction will save the corporation money and that such savings
771 will be applied to a specific housing project.
772 FE. The HAABdirector’s recommendation will be made to the director of community
773 and neighborhoodscity council and considered at a public meeting, who shall issue the decision
774 of the department. The property owner of any project(s) for which a waiver or deferral of fees is
775 granted shall enter into, as applicable, (1) a restrictive covenant, in a form approved by the city
776 attorney, against the applicable property pertaining to the affordable housing that shall be
777 provided at the property, or (2) a binding agreement regarding the method in which the fee
778 savings shall be applied to a specific housing project.
779 G. Any person or entity dissatisfied with the decision of the director may appeal such
780 decision to the mayor or the mayor's designee, whose decision shall be final.
781 HF. HAAB Fee waivers or deferrals shall not be granted may not grant a waiver or
782 deferral to any organization which owns, operates, manages or is related by common ownership
783 or management to any other such organization which owns, operates or manages buildings for
784 which existing notices of code violations have not been curedcorrected.
785
786 SECTION 6. Amending the text of Salt Lake City Code Chapter 18.24. That Chapter
787 18.24 of the Salt Lake City Code (Administration and Enforcement: Enforcement and Penalties)
788 shall be, and hereby is amended as follows:
789 CHAPTER 18.24
790 ENFORCEMENT AND PENALTIES
791
792 18.24.010: MANDATORY AND PROHIBITIONARY NATURE OF
793 PROVISIONSENFORCEMENT RESPONSIBILITY AND AUTHORITY:
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794 A. It is unlawful for any person, firm or corporation to perform any act prohibited by
795 this title, specifically chapters 18.04 through this chapter, 18.32 through 18.44, 18.48 through
796 18.64, 18.72, 18.76, 18.84 and 18.88 of this title, or to fail or to refuse to perform any act
797 required by this title and said chapters, or to aid or abet therein, or to fail or refuse to comply
798 with any valid order issued by the building official or his or her designee pursuant to the
799 provisions of this title.
800 B. No permits shall be issued to any applicant during the time such applicant fails to
801 correct any defective work or noncomplying installation of equipment after written notice by the
802 building official of the division of building and housing services or his or her designee.
803 C. Any person, firm or corporation violating any of the provisions of this title shall
804 be guilty of a misdemeanor.
805 Unless otherwise provided by this title, the building official is authorized and responsible for
806 enforcement of this title. The fire marshal or designee shall be the principal enforcement
807 officer on post construction activity with respect to the fire codes. Whenever one or more
808 violations of this title exist, any enforcement official has the authority to obtain compliance
809 subject to the provisions of this code. Unless otherwise provided, any violation of this title
810 shall be subject to the enforcement processes and penalties as set forth in this chapter.
811
812 18.24.020: CONTINUING OFFENSES DEEMED DAILY VIOLATIONSCRIMINAL
813 PENALTIES:
814 Where no other penalty is prescribed, any person convicted of violating any provision of this title
815 shall be punished as provided by section 1.12.050 of this code, or its successor section, and each
816 day that any violation of this title is permitted to continue shall constitute a separate offense.
817 Unless otherwise provided, it shall be a misdemeanor for any person, firm, or corporation to
818 violate the provisions of this title, either by failing to do those acts required or by doing an act
819 prohibited by this title or the codes referred to herein, or by aiding or abetting in a violation of
820 this title or the codes referred to herein. Each day that any violation of this title is permitted to
821 continue shall constitute a separate offense. The class of misdemeanor shall be as dictated by
822 state law.
823
824 18.24.030: CHOICE OF REMEDIES:
825 A. In addition to any criminal prosecution, this title may be enforced through
826 administrative or civil actions. The city may pursue any legal remedy to ensure compliance
827 with this title including, but not limited to, injunctive relief. The city has sole discretion over
828 which remedy or combination of remedies it may choose to pursue.
829 B. If the city elects to pursue through administrative or civil actions one or more
830 violations of the provisions of this title, a civil penalty shall be assessed for each violation in
831 the amount set forth in the Salt Lake City consolidated fee schedule. Each day a violation
832 continues after notice of the same shall give rise to a separate civil fine.
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LEGISLATIVE DRAFT
833 C. The possibility of an administrative or civil remedy does not interfere with the
834 city’s right to prosecute violations of this title as criminal offenses. If the city chooses to file
835 both civil and criminal actions for the same violation, no civil penalties in the form of fines shall
836 be assessed, but other remedies, such as orders to correct the violations or other declaratory or
837 injunctive relief, is available to the city.
838
839 D. The city may use such lawful means as are available to obtain compliance with
840 the provisions of this title and to collect the civil fines that accrue as a result of the violation of
841 the provisions of this title, including but not limited to a legal action to obtain one or more of the
842 following: an injunction, an order of mandamus, an order requiring the property owner or
843 occupant or permittee to abate the violations, an order permitting the city to enter the property
844 and abate the violations, and a judgment in the amount of the civil fines accrued for the violation,
845 including costs and attorney fees, and a judgment in the amount of any actual costs incurred by
846 the city.
847
848 E. In addition to the other remedies provided by this title, upon the finding of a
849 violation of this title the building official may evacuate or close a building to occupancy when
850 necessary to protect the public or neighboring property from a risk to health or safety. The
851 building shall thereafter remain unoccupied until the appropriate certificate of occupancy has
852 been issued.
853
854 F. Recurring Violations: In the case where a violation, which had been corrected,
855 reoccurs at the same property within 6 months of the initial correction and is due the actions or
856 inactions of the same responsible party as the prior violation, the city may begin enforcement of
857 said recurring violation and impose fines after a 10 day warning period.
858
859 18.24.040: NOTICE & ORDER; STOP WORK ORDER:
860 A. Notice and Order.
861 1. Upon a determination that there is a violation of this title an enforcement
862 official may provide a written notice and order to any responsible party. The written
863 notice and order shall state:
864 a. The name and address, if known, of the responsible party;
865 b. the date and location of each violation;
866 c. the code sections violated;
867 d. that the violations must be corrected;
868 e. provide a specific date by which the enforcement official orders that
869 the violations be corrected by;
870 f. the amount of the civil fine to accrue for each violation, or other
871 enforcement action that the enforcement official intends to pursue, if
872 the violation is not corrected by the date specified;
873 g. identification of the right to and procedure to appeal; and
874 h. the signature of the enforcement official.
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LEGISLATIVE DRAFT
875 2. The enforcement official shall serve the notice and order on the
876 responsible party by:
877 a. Posting a copy of the written notice and order on the noncompliant
878 property, and
879 b. By mailing the notice and order through certified mail or reputable
880 mail tracking service that is capable of confirming delivery. If the
881 responsible party is the property owner of record, then mailing shall be
882 to the last known address appearing on the records of the Salt Lake
883 County Recorder. If the responsible party is any other person or entity
884 other than the owner of record, then mailing shall be to the last known
885 address of the responsible party on file with the city.
886 c. Notwithstanding the foregoing, personal service upon the responsible
887 party shall be sufficient to meet the notice and order mailing
888 requirements of Subsection 18.24.040.A.2.b.
889 3. Following the issuance of a notice and order, any responsible party shall
890 correct the violations specified in the notice and order. Upon correction of the violations
891 specified in the notice and order, the responsible party shall request an inspection of the
892 property.
893 4. Following a request for an inspection as set forth in Subsection
894 18.24.040.A.3, an enforcement official shall conduct an inspection of the property to
895 determine whether the violations alleged in the notice and order have been corrected,
896 including, if applicable, all necessary permits have been issued and all final inspections
897 have been performed as required by applicable city codes.
898 5. If one or more violations are not corrected by the deadline specified in the
899 notice and order, civil fines shall accrue at the rate set forth in Subsection 18.24.030.B.
900 Accumulation of civil fines for violations, but not the obligation for payment of civil
901 fines already accrued, shall stop upon correction of the violation(s) once confirmed
902 through an inspection requested pursuant to Subsection 18.24.040.A.3.
903 6. The responsible party shall have the right to contest the notice and order at
904 an administrative hearing in accordance with Chapter 18.12. Failure to timely request an
905 administrative hearing and pay the administrative hearing fee set forth in the Salt Lake
906 City consolidated fee schedule shall constitute a waiver of the right to a hearing and a
907 waiver of the right to appeal.
908
909 B. Stop Work Order. Upon a determination that there is a violation of this title an
910 enforcement official may issue a stop work order prior to issuance of a notice and order. If, after
911 issuance of a notice and order pursuant to subsection A, the violations cited remain uncorrected
912 after the correction period set forth in the notice and order, then a daily civil fine in the amount
913 set forth in the Salt Lake City consolidated fee schedule shall be imposed.
914
915 18.24.050: NOTICE OF NONCOMPLIANCE; ABATEMENT LIEN:
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LEGISLATIVE DRAFT
916 A. Upon expiration of the correction period set forth in a notice and order or stop
917 work order, and where the violation(s) remain uncorrected, the city may record on the
918 noncompliant property with the Salt Lake County Recorder’s Office a notice of noncompliance.
919
920 B. The recordation of a notice of noncompliance shall not be deemed an
921 encumbrance on the noncompliant property but shall merely place interested parties on notice of
922 any continuing violation of this title at the noncompliant property.
923
924 C. If a notice of noncompliance has been recorded pursuant to Section A and the
925 enforcement official determines that all violations have been corrected, the enforcement official
926 shall issue a notice of compliance by recording the notice of compliance on the property with the
927 Salt Lake County Recorder’s Office. Recordation of the notice of compliance shall have the
928 effect of canceling the recorded notice of noncompliance.
929
930 D. If the city files an action for injunctive relief seeking abatement of one or more
931 violations and the district court authorizes the abatement of one or more violations and the city
932 incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
933 and may be considered an encumbrance on the property.
934
935 SECTION 7. Amending the text of Salt Lake City Code Chapter 18.28. That Chapter
936 18.28 of the Salt Lake City Code (Technical Building Specifications: Site Development
937 Regulations) shall be, and hereby is amended as follows:
938 CHAPTER 18.28
939 SITE DEVELOPMENT REGULATIONS
940
941 18.28.010: GENERAL PROVISIONS:
942 A. Authority: This chapter is enacted pursuant to title 10 of the, Utah Code
943 Annotated, 1953, as amended. This chapter is further enacted as an element of the Salt Lake City
944 master plan.
945 B. Applicability: The provisions of this chapter shall apply to all site development
946 within Salt Lake City; however, a permit shall be required only for those types of developments
947 set forth in subsections 18.28.040A, "General Application", and 18.28.050A, "General
948 Application", of this chapter.
949 C. Purpose: This title chapter is adopted: to promote public safety and the general
950 public welfare; to protect property against loss from erosion, earth movement, earthquake
951 hazard, and flooding; to maintain a superior community environment; to provide for the
952 continued orderly growth of the city to ensure maximum preservation of the natural scenic
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LEGISLATIVE DRAFT
953 character of major portions of the city by establishing minimum standards and requirements
954 relating to land grading, excavations, and fills; and to establish procedures by which these
955 standards and requirements may be enforced. It is intended that this chapter be administered with
956 the foregoing purposes in mind and specifically to:
957 1. Ensure that the development of each site occurs in a manner harmonious
958 with adjacent lands so as to minimize problems of drainage, erosion, earth movement,
959 and similar hazards;
960 2. Ensure that public lands and places, watercourses, streets, and all other
961 lands in the city are protected from erosion, earth movement, and drainage hazards;
962 3. Ensure that the planning, design, and construction of all development will
963 be done in a manner which provides maximum safety and human enjoyment, and, except
964 where specifically intended otherwise, makes it as unobtrusive in the natural terrain as
965 possible;
966 4. Ensure, insofar as practicable, the retention of natural vegetation to aid in
967 protection against erosion, earth movement, and other hazards and to aid in preservation
968 of the natural scenic qualities of the city; and
969 5. Ensure, insofar as Salt Lake City is located in an active seismic zone, that
970 appropriate earthquake hazard mitigation measures are incorporated into the planning and
971 execution of site development.
972 D. Identification Oof Fault Hazards: Pending the completion by the Utah geological
973 survey (UGS) of a fault hazard map for Salt Lake City, the planning director may rely upon the
974 existing information available from UGS or other publicly or privately prepared geological
975 reports to identify fault hazards.
976 E. Format: This chapter is designed to establish administrative and enforcement
977 procedures and minimum standards applicable to site development activities according to the
978 following categories:
979 1. Section 18.28.040 of this chapter governs site development associated
980 with construction of individual buildings under authorized building permits;
981 2. Section 18.28.050 of this chapter governs site development not requiring
982 permits under subsection E1 of this section.
983
984 18.28.020: DEFINITIONS:
985 A. Definition Of Terms: For the purposes of this chapter, certain terms used herein
986 are defined as set forth below:
987 AS GRADED: The surface conditions existent upon completion of grading.
988 BEDROCK: In place, solid, rock.
989 BENCH: A relatively level step excavated into earth material on which fill is to be placed.
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LEGISLATIVE DRAFT
990 BORROW: Earth material acquired from an off site location for use in grading a site.
991 BUILDING OFFICIAL: The director of the building and housing services department of Salt
992 Lake City.
993 BUILDING PERMIT: A permit issued by Salt Lake City for the construction, erection, or
994 alteration of a structure or building.
995 CERTIFY OR CERTIFICATION: Means that the specific reports, inspections, and tests that are
996 required have been performed by the person or under their supervision, and that the results of
997 such reports, inspections, and tests comply with the applicable requirements of this chapter.
998 CITY ENGINEER: The city engineer of Salt Lake City.
999 CIVIL ENGINEER: A professional engineer registered in the state of Utah to practice in the
1000 field of civil works.
1001 CIVIL ENGINEERING: The application of the knowledge to the forces of nature, principals of
1002 mechanics, and the properties of materials to the evaluation, design, and construction of civil
1003 works for the beneficial uses of mankind.
1004 COMPACTION: The densification of fill by mechanical means.
1005 CUBIC YARDS: The volume of material in an excavation and/or fill.
1006 CUL-DE-SAC: A street closed at one end.
1007 CUT: See definition of Excavation.
1008 DRIVEWAY: A way or route for use by vehicle traffic leading from a parking area or from a
1009 house, garage, or other structure, to a road or street.
1010 EARTH MATERIAL: Any rock, natural soil, or any combination thereof.
1011 ENGINEERING GEOLOGIST: A graduate in geology or engineering geology of an accredited
1012 university, with five (5) or more full years of professional postgraduate experience in the
1013 application of the geological sciences, of which three (3) full years shall be in the field of
1014 engineering geology that has required the application of geological data, techniques, and
1015 principles to engineering problems dealing with groundwater, naturally occurring rock and soil,
1016 and geologic hazards for the purpose of assuring that geological factors are recognized and
1017 adequately interpreted and presented.
1018 EROSION: The wearing away of the ground surface as a result of the movement of wind, water,
1019 and/or ice.
1020 EXCAVATION: Any act by which vegetation, earth, sand, gravel, rock, or any other similar
1021 material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and
1022 shall include the conditions resulting therefrom.
1023 EXISTING GRADE: The actual elevation (in relation to mean sea level) of the ground surface
1024 before excavation or filling.
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1025 FILL: Any earth, sand, gravel, rock, or any other material which is deposited, placed, replaced,
1026 pushed, dumped, pulled, transported, or moved by man to a new location and shall include the
1027 conditions resulting therefrom.
1028 FILL MATERIAL: Earth material free from rock or similar irreducible material exceeding
1029 twelve12 inches (12") in diameter, metal, and organic material except that topsoil spread on cut
1030 and fill surfaces may incorporate humus for desirable moisture retention properties.
1031 FUEL BREAK: A strategically located strip or block of land, varying in width, on which
1032 vegetation has been modified to provide a safer place for firefighters to work and to help reduce
1033 the rate of fire spread.
1034 GRADING: Excavation or fill or any combination thereof that alters the elevation of the terrain
1035 and shall include the conditions resulting from any excavation or fill.
1036 LICENSED ARCHITECT: An architect who is registered with the division of occupational and
1037 professional licensing of the state of Utah.
1038 NATURAL DRAINAGE: Water which flows by gravity in channels formed by the surface
1039 topography of the earth prior to changes made by the efforts of man.
1040 ONE STREET ACCESS: A street that provides the sole access to one or more other streets.
1041 PARCEL: All contiguous land in one ownership, provided, however, each lot conforming to the
1042 zoning ordinances of Salt Lake City in a subdivision may be considered to be a separate parcel.
1043 PERCENT OF SLOPE: The slope of a designated area of land determined by dividing the
1044 horizontal run of the slope into the vertical rise of the same slope, measured between contour
1045 lines on the referenced contour map and converting the resulting figure into a percentage value.
1046 This calculation is described by the following formula:
1047
1048 S = V/H
1049 Where
1050 "S" is the percent of slope;
1051
1052 "V" is the vertical distance; and
1053
1054 "H" is the horizontal distance.
1055
1056 PERMITTEE: Any person to which a site development permit has been issued.
30
LEGISLATIVE DRAFT
1057 PERSON: Any person, firm or corporation (either public or private), the state of Utah and its
1058 agencies or political subdivisions, the United States Of America and its agencies and
1059 instrumentalities, and any agent, servant, office, or employee of any of the foregoing.
1060 PLANNING DIRECTOR: The planning director of Salt Lake City.
1061 QUARRY: An open excavation for the extraction of resources.
1062 REGISTERED PROFESSIONAL ENGINEER: A civil engineer who is registered with the
1063 division of occupational and professional licensing of the state of Utah.
1064 REMOVAL: Killing vegetation by spraying, complete extraction, or excavation, or cutting
1065 vegetation to the ground, trunks, or stumps.
1066 SEISMIC: Characteristic of, or produced by, earthquakes or earth vibration.
1067 SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is
1068 performed as a single unified operation.
1069 SITE DEVELOPMENT (Also Known As SITE PREPARATION): Grading and underground
1070 utility installation in preparation for an approved, pending development or use for the subject
1071 site.
1072 SLOPE CLASSIFICATION MAP: A map prepared as a colored exhibit by a registered
1073 professional engineer or land surveyor based upon a contour map of the specified scale and
1074 contour interval, upon which the measured and calculated percent of slope (measured between
1075 every contour interval on the map) is classified or grouped into percentage of slope data in ten
1076 percent (10%) slope groupings as follows:
1077
Slope Classification Percent Of Slope Mapped Color
Level 0 - 9.9%Uncolored
Slight 10 - 19.9%Yellow
Moderate 20 - 29.9%Orange
Severe 30% and greater Red
1078
1079 SOILS ENGINEER: A registered civil engineer of the state of Utah, specializing in soil
1080 mechanics and foundation engineering, familiar with the application of principles of soil
1081 mechanics in the investigation and analysis of the engineering properties of earth materials.
1082 SURCHARGE: The temporary placement of fill material on a site in order to compress or
1083 compact the natural soil mass.
1084 TESTING LABORATORY: A testing laboratory that requires supervisory personnel to be
1085 professional engineers registered with the division of occupational and professional licensing of
1086 the state of Utah.
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LEGISLATIVE DRAFT
1087 VACANT: Land on which there are no structures or only structures which are secondary to the
1088 use or maintenance of the land itself.
1089
1090 18.28.030: RESERVED:
1091
1092 18.28.040: LAND DEVELOPMENT REQUIREMENTS (BUILDING SITES):
1093 A. General Application: No person or party shall cause any excavation or grading to
1094 be done on a building sitein excess of the limits set forth below without first having obtained a
1095 site development permitapproval in conjunction with the building permit process or a permit
1096 from the building official except as specified below.
1097 1. Work Requiring Separate Approval/Permit: A site development approval
1098 and/or permit shall be required in all cases where development comes under any one or
1099 more of the following provisions:
1100 a. Excavation, fill, or any combination thereof exceeding one
1101 thousand (1,000) cubic yards;
1102 b. Excavation, fill, or any combination thereof exceeding five5 feet
1103 (5') in vertical depth at its deepest point measured from the adjacent, undisturbed,
1104 ground surface;
1105 c. Excavation, fill, or any combination thereof exceeding an area of
1106 aone-half (1/2) acre;
1107 d. Excavation, fill, or any combination thereof ofexceeding seventy
1108 five percent (7510%) or more of a building site including the excavation for
1109 foundations and footings;
1110 e. Removal of vegetation from an area in excess of aone-half (1/2)
1111 acre for purposes other than agricultural;
1112 f. Engineered interior fills or surcharges.
1113 g. Commercial quarries or mining activities operating in permitted
1114 zoning districts as provided in Title 21A.
1115 2. Work Not Requiring Separate Approval/Permit: A separate site
1116 development permit shall not be required in the following cases, for issuance of a
1117 building permit shall specify approval of the required grading plan:
1118 a. Excavation below finished grade for basements and footings of
1119 buildings or other structures authorized by a valid building permit. This shall not
1120 exempt any fill made with material from such excavation, or exempt any
1121 excavation having an unsupported height greater than five5 feet (5') after the
1122 completion of such structure.
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LEGISLATIVE DRAFT
1123 b. Removal of vegetation as part of work authorized by a valid
1124 building permit.
1125 3. Waiver: The following requirements and standards shall apply to all
1126 building sites unless deemed unwarranted by the written recommendation of the building
1127 official.
1128 B. Permits Required: Except as exempted in sSubsection A of this section, no person
1129 or party shall do or cause any grading to be done on a building site without first obtaining site
1130 development approval, or permit from the building official. A a separate approval or permit shall
1131 be required for each site, and may cover both excavation and fill.
1132 1. Application: To obtain a permit or approval the applicant shall first file an
1133 application therefor in writing on a form furnished by the building department for that
1134 purpose. Every such application shall:
1135 a. Identify and describe the work to be covered by the permit or
1136 approval for which application is made;
1137 b. Describe the land on which the proposed work is to be done by
1138 legal description, street address, or similar description that will readily identify
1139 and definitely locate the proposed work and identify lots of any platted
1140 subdivision included within the proposed building site;
1141 c. Indicate the use or occupancy for which the proposed work is
1142 intended;
1143 d. Be accompanied by plans, diagrams, computations, and
1144 specifications and other data as required;
1145 e. Be signed by property owner or permittee, or his authorized agent,
1146 who may be required to submit evidence to indicate such authority;
1147 f. Show the location of existing and proposed buildings or structures
1148 on the applicant's property, and the location of buildings or structures on adjacent
1149 properties which are within fifteen15 feet (15') of the applicant's property, or
1150 which may be affected by the proposed site development activities;
1151 g. Show the location of property lines and all existing and proposed
1152 streets, roadways, driveways, easements, and rights of way on, contiguous, or
1153 adjacent to the proposed development site;
1154 h. Show the present contours of the site in dashed lines and the
1155 proposed contours in solid lines. Contour intervals shall be not greater than two2
1156 feet (2') where slopes are predominately five percent (5%) or less, and five5 feet
1157 (5') where slopes are predominately steeper than five percent (5%). The source of
1158 all topographical information shall be indicated;
1159 i. Show the location of all drainage to, from, and across the site, the
1160 location of intermittent and permanent streams, springs, culverts, and other
33
LEGISLATIVE DRAFT
1161 drainage structures, and size and location of any precipitation catchment areas in,
1162 above, or within one hundred100 feet (100') of the site;
1163 j. IncludeShow detailed plans and location of all surface and
1164 subsurface drainage devices, walls, dams, sediment basins, storage reservoirs, and
1165 other protective devices to be constructed with, or as a part of, the proposed work,
1166 together with a map showing drainage areas, and the complete drainage network
1167 including outfall lines and natural drainageways which may be affected by the
1168 proposed project. Include the estimated runoff of the areas served by the proposed
1169 drainage system;
1170 k. Present a plan showing temporary erosion control measures to
1171 prevent erosion during the course of construction;
1172 l. All grading in excess of five thousand (5,000) cubic yards shall
1173 require professional engineering and shall be designated as "engineered grading".
1174 Any application including engineered grading shall contain a grading plan
1175 prepared by a registered professional engineer or licensed architect;
1176 m. IncludeShow a revegetation plan including:
1177 (1) A survey of existing trees, shrubs, and ground covers,
1178 (2) A plan for the proposed revegetation of the site detailing
1179 existing vegetation to be preserved, new vegetation to be planned and any
1180 modification to existing vegetation, and
1181 (3) A plan for the preservation of existing vegetation during
1182 construction activity;
1183 n. Make a statement of the estimated starting and completion dates
1184 for the grading work proposed and any revegetation work that may be required;
1185 o. Identify the type of surcharging fill material to be used on the
1186 building site;
1187 p. Estimate the amount of time surcharging fill material will be in
1188 place, and show consideration by a soils engineer of the potential for vertical and
1189 lateral soil movements on properties adjacent to the surcharge;
1190 q. Submit a copy of the recorded subdivision plat showing
1191 developable area limitations, if applicable;
1192 r. Describe the method to be employed in disposing of soil and other
1193 material that is removed from the site, including the location of the disposal site;
1194 s. Describe the method to be used in obtaining fill to be used on the
1195 site and the site of acquisition of such fill;
1196 t. Include an engineering geology report described in Section
1197 18.28.040.C.2 if the proposed development lies within 500 feet of an identified
34
LEGISLATIVE DRAFT
1198 fault. Said report may be submitted for review to the Utah geological survey by
1199 the building official.
1200 u. Applications related to commercial quarriers shall contain an
1201 acceptable plan for the eventual rehabilitation and use of the quarry site after the
1202 resources have been removed. Such a plan, at a scale of not less than one inch
1203 equals 100 feet with contour intervals not greater than 5 feet, shall be compatible
1204 with its surroundings and in general agreement with the city’s master plan. The
1205 plan shall show the proposed treatment of any stream channel adjacent to the
1206 resource deposits during extraction operations. Limits of excavation shall be
1207 determined to protect any natural or improved channel and any nearby wooded
1208 areas considered vital to the function of the rehabilitated area. Included the
1209 estimated time period during which quarrying and land rehabilitation operations
1210 will be conducted.
1211 v. Such other information as may be required by the building official
1212 or city engineer such as slope classification map and analysis, profiles or cross
1213 sections, additional drainage calculations, soils data including a report from a
1214 registered soils engineer or other qualified person.
1215 C. Soil Engineering Report Oor Engineering Geology Required:
1216 1. Soil Engineering Report: The soil engineering report required shall
1217 include data regarding the nature, distribution, and strength of existing soils, conclusions
1218 and recommendations for grading procedures, design criteria for corrective measures
1219 when necessary, and opinions and recommendations addressing the adequacy of the site
1220 under the proposed grading plan to support the proposed development.
1221 2. Engineering Geology Report: The engineering geology report required
1222 shall include an adequate description of the geology of the site, conclusions and
1223 recommendations regarding the effect of geologic conditions on the proposed
1224 development, and opinions and recommendations addressing the adequacy of the site
1225 under the proposed grading plan to support the proposed development. This requirement
1226 may be waived by written recommendation of the building official if it is deemed
1227 unwarranted.
1228 D. Issuance: The application, plans, specifications, and other data submitted by an
1229 applicant for permit shall be reviewed by the building official. Such plans may be reviewed by
1230 other departments or agencies to verify compliance with any applicable laws under their
1231 jurisdiction. If the building official finds that the work described in an application for a permit
1232 and the plans, specifications, and other data filed therewith conform to the requirements of this
1233 title and other pertinent laws and ordinances, and that the fees specified have been paid, he shall
1234 issue a permit therefor to the property owner or his authorized agent. When the building official
1235 issues the permit where plans are required, he shall endorse in writing or stamp the plans and
1236 specifications "APPROVED". Such approved plans and specifications shall not be changed,
1237 modified, or altered without authorization from the building official, and all work shall be done
1238 in accordance with the approved plans. The building official may require that the site
1239 development activities and project designs or specifications be modified if delays occur which
1240 may create weather generated problems not considered at the time the permit was issued. No site
35
LEGISLATIVE DRAFT
1241 alteration shall occur during the months of November through March and no applications
1242 proposing such work during that time shall be approved.
1243 E. Fees: City fees associated with reviewing and processing site development (a.k.a.
1244 "preparation") permits shall be those listed on the Salt Lake City consolidated fee schedule.
1245 F. Grading Aand Erosion Control Standards Aand Regulations: All site development
1246 work shall be accomplished in conformance to the following grading and erosion control design
1247 standards and regulations:
1248 1. Hours Oof Operation: All grading operations in or within 660 feet
1249 ofcontiguous to residential land usesneighborhoods shall be carried on between the hours
1250 of seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. The building official may
1251 waive this requirement if it is shown that by restricting the hours of operation it would
1252 unduly interfere with the development of the property and it is shown that the
1253 neighboring properties would not be adversely affected.
1254 2. Dust Aand Dirt Control: All graded surfaces of any nature shall be
1255 dampened or suitably contained to prevent dust or spillage on city streets or adjacent
1256 properties. Equipment, materials, and roadways on the site shall be used or treated so as
1257 to cause the least possible annoyance due to dirt, mud, or dust conditions.
1258 3. Undevelopable Slopes: Any (1) slope identified on a subdivision plat as
1259 undevelopable, (2) slope that has been altered without permits or prior approval to 30%
1260 or greater, or (3) natural slopes identified on a slope classification map of thirty percent
1261 (30%) or greater (as measured pursuant to a “ten-foot averaging” method as defined in
1262 Section 20.50.020), shall be designated undevelopable area. In no event shall streets
1263 traverse such slopes.
1264 4. Finished Cuts Aand Slopes: Limitations shall be applied to the extent of
1265 cut and fill slopes to minimize the amount of excavated surface or ground area exposed to
1266 potential erosion and settlement.
1267 a. The exposed or finished cuts or slopes of any fill or excavation
1268 shall be smoothly graded.
1269 b. All cut and fill slopes shall be recontoured and revegetated by the
1270 permittee in accordance with an approved plan.
1271 c. Cut or fill slopes shall normally be limited to fifteen15 feet (15') in
1272 vertical height. However, upon review and favorable recommendation of the city
1273 engineer and public utilities director the building official may approve cut and fill
1274 slopes exceeding fifteen15 feet (15') provided that such variations be allowed on a
1275 limited basis after thorough review of each request and only when balanced by
1276 offsetting improvements to the overall aesthetic, environmental, and engineering
1277 quality of the development.
1278 d. No excavation creating a cut face and no fill creating an exposed
1279 surface shall have a slope ratio exceeding one and one- half horizontal to one
1280 vertical (11/2:1).
36
LEGISLATIVE DRAFT
1281 e. Exceptions:
1282 (1) No slopes shall cut steeper than the bedding plane, fracture,
1283 fault, or joint in any formation where the cut slope will lie on the dip of
1284 the strike line of the bedding plane, fracture, fault, or joint.
1285 (2) No slopes shall be cut in an existing landslide, mudflow, or
1286 other form of naturally unstable slope except as recommended by a
1287 qualified geological engineer.
1288 (3) Where the formation is exposed above the top of the cut
1289 which will permit the entry of water along bedding planes, this area shall
1290 be sealed with a compacted soil blanket having a minimum thickness of
1291 two2 feet (2'). The soil for this blanket shall be relatively impervious and
1292 shall be approved by the soils engineer or engineering geologist.
1293 f. If the material of a slope is of such composition and character as to
1294 be unstable under the anticipated maximum moisture content, the slope angle
1295 shall be reduced to a stable value or retained by a method approved by the city
1296 engineer and certified as to its stability by a soils engineer or geologist. Said
1297 retaining method shall include design provisions which are:
1298 (1) Conducive to revegetation for soil stability and visual
1299 impact;
1300 (2) Used for selected areas of the site and not as a general
1301 application; and
1302 (3) Limited to tiers each of which is no higher than six6 feet
1303 (6'), separated by plantable terraces a minimum of two2 feet (2') in width;
1304 g. Any retaining system shall remain and be maintained on the lots
1305 until plans for construction are approved and a building permit is issued. The
1306 plans shall include provisions to integrate driveway access to the lot while
1307 maintaining the structural integrity of the retaining system.
1308 h. The building officialcity engineer may require the slope of a cut or
1309 fill to be made more level if at any time it is found that the material being, or the
1310 fill, is unusually subject to erosion, static or dynamic instability, or if other
1311 conditions make such requirements necessary for stability.
1312 i. Driveways leaving public rights of way shall not exceed a
1313 maximum change in grade angle of six percent (6%) transition over an eleven11
1314 foot (11') run. The slope should be transitioned beyond property line no more than
1315 an average sixteen percent (16%) grade. Parking structures may allow a maximum
1316 change in grade angle of ten percent (10%) with a minimum ten10 foot (10') run.
1317 Maximum sight distance should be encouraged with blind entrances or other sight
1318 obstructions complying with the Sight Distance Triangle Requirements as defined
1319 and illustrated in Chapter 21A.62transportation division's standard E2.c1 "clear
1320 site zone area" or its successor.
37
LEGISLATIVE DRAFT
1321 5. Abatement Oof Hazardous Conditions:
1322 a. If, at any stage of grading, the building official or city engineer
1323 determines by inspection that the nature of the formation is such that further work
1324 as authorized by an existing permit is likely to imperil any property, public way,
1325 watercourse, or drainage structure, the building official or city engineer shall
1326 require, as condition to allowing the work to proceed, that reasonable safety
1327 precautions be taken as are considered advisable to avoid likelihood of such peril.
1328 Such precautions may include, but shall not be limited to, any of the following:
1329 (1) Specification of a more level exposed slope;
1330 (2) Construction of additional drainage facilities, berms, or
1331 terraces;
1332 (3) Compaction or cribbing;
1333 (4) Installation of plants for erosion control; and/or
1334 (5) Reports from a registered soils engineer and/or engineering
1335 geologist whose recommendations may be made requirements for further
1336 work.
1337 Such requirements by the building officialplanning director or city engineer shall
1338 constitute a required change order in the work to be performed under permit. Said
1339 changes may be required to be reflected in amended plans.
1340 b. Where it appears that damage from storm drainage may result from
1341 work performed hereunder, such work may be stopped and the permittee required
1342 to take such measures as may be necessary to protect adjoining property or the
1343 public safety. On large operations, or where unusual site conditions exist, the
1344 building official or city engineer may specify the time at which grading may
1345 proceed and the time of completion or may require that the operation be
1346 conducted in specific stages so as to ensure completion of protective measures or
1347 devices prior to the advent of seasonal rains.
1348 6. Fill Material Aand Compaction:
1349 a. Fill Material: All fill shall be earth, rock, or inert material free
1350 from organic material and free of metal, except that topsoil spread on cut and fill
1351 surfaces may incorporate humus for desirable moisture retention properties. Fill
1352 not meeting the definition above shall be placed only in an approved public or
1353 private landfill or other approved deposit site.
1354 b. Backfillings: Any pipe trench or trenching, or excavation made in
1355 any slope of any excavated or filled site, shall be backfilled and compacted to the
1356 level of the surrounding grade.
1357 c. Compaction Oof Fills: Unless otherwise directed by the building
1358 official, all fills governed by this title, intended to support building, structures, or
38
LEGISLATIVE DRAFT
1359 where otherwise required to be compacted for stability, shall be compacted,
1360 inspected, and tested in accordance with the following provisions:
1361 (1) The natural ground surface shall be prepared by removal of
1362 topsoil and vegetation, and, if necessary, shall be graded to a series of
1363 terraces. If fill material unacceptable under subsection F6a of this section
1364 is placed on the site, or the fill is not placed according to procedures of
1365 this title, then it must be removed.
1366 (2) The fill shall be spread and compacted in accordance with
1367 the city engineer's approved standards.
1368 (3) The moisture content of the fill material shall be controlled
1369 at the time of spreading and compaction to obtain required maximum
1370 density.
1371 (4) A written report of the completed compaction, showing
1372 location and depth of test holes, materials used, moisture conditions,
1373 recommended soil bearing pressures, and relative density obtained from
1374 all tests, prepared by a civil engineer or soils engineer licensed by the state
1375 of Utah, or testing laboratory shall be submitted to the building official,
1376 who shall rely on the expertise of the city engineer for review.
1377 (5) The building official or city engineer may require
1378 additional tests or information if, in his opinion, the conditions or
1379 materials are such that additional information is necessary, and may
1380 modify or delete any of the above listed requirements that, in his opinion,
1381 are unnecessary to further the purpose of this title.
1382 7. Surcharging: Surcharges shall consist of earth material and shall be
1383 applied in such a manner as to have no effect on soil stability on adjacent or neighboring
1384 properties.
1385 G. Erosion Control Aand Revegetation: All cut and fill surfaces created by grading
1386 shall be planted with a ground cover that is a drought resistant variety. Topsoils are to be
1387 stockpiled during rough grading and used on cut and fill slopes. Cuts and fills along public roads
1388 are required to be landscaped according to a revegetation plan approved by the city. All plant
1389 selections must be approved by the parks department and building official prior to approval.
1390 H. Drainage:
1391 1. Adequate provisions shall be made to prevent any surface waters from
1392 damaging the cut face of an excavation or any portion of a fill. All drainage ways and
1393 structures shall carry surface waters, without producing erosion, to the nearest practical
1394 street, storm drain, or natural watercourse as approved by the city engineer. The city
1395 engineer may also require drainage structures to be constructed, or installed as necessary
1396 to prevent erosion damage or to prevent saturation of the fill or material behind cut
1397 slopes.
39
LEGISLATIVE DRAFT
1398 2. An excess stormwater passage shall be provided for all stormwater storage
1399 areas. Such passage shall have capacity to convey through the proposed development the
1400 excess stormwater from the tributary watershed. The capacity of such excess stormwater
1401 passages shall be constructed in such a manner as to transport the peak rate of runoff
1402 from a 100-year return frequency storm assuming all storm sewers are inoperative, all
1403 upstream areas are fully developed in accordance with the city's current land use plan,
1404 and that antecedent rainfall has saturated the tributary watershed.
1405 3. No buildings or structures shall be constructed within such passage,
1406 however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility
1407 easements, and other open space uses shall be considered compatible uses. In the event
1408 such passageway is reshaped or its capacity to transport excess stormwater is otherwise
1409 restricted during or after construction, the building official or city engineer shall notify
1410 the agency, party, or parties causing said restriction to remove the same and set a
1411 reasonable time for its removal. If said parties refuse to, or are unable to, comply with
1412 said order, the building official or city engineer shall cause said restrictions to be
1413 removed at the expense of said parties. Where a proposed development contains existing
1414 natural drainage, appropriate planning measures shall be undertaken or required to
1415 preserve and maintain said natural drainage as part of the excess stormwater passage.
1416 4. Notwithstanding any other provisions of this title, whenever, in the
1417 judgment of the building official or city engineer, a condition occurs in a stormwater
1418 storage area or passageway that creates a dangerous and imminent health and safety
1419 hazard, the building official or city engineer shall order such action as shall be effective
1420 immediately or in the time manner prescribed in the order itself.
1421 I. Setbacks: The setback and other restrictions specified in this section are minimum
1422 and may be increased by the building official or by the recommendation of a civil engineer, soils
1423 engineer, or engineering geologist, if necessary for safety and stability, to prevent damage of
1424 adjacent properties from deposition or erosion, or to provide access for slope maintenance and
1425 drainage. Setbacks deal with distance from property lines, structures, or faults, and must satisfy
1426 the requirements of subsections I1 through I3 of this section. Retaining walls may be used to
1427 reduce the required setbacks when approved by the building official.
1428 1. Setbacks Ffrom Property Lines: The toes and tops of cut and fill slopes
1429 where no structures are located shall be set back from the outer boundaries of a "permit
1430 area" (PA = lot area excluding any undevelopable areas) including yard setbacks, slope-
1431 right areas, and easements, in accordance with the table and figure 2 of this section.
1432 SETBACKS FROM PERMIT AREA BOUNDARY
1433
a =Setback distance at toe
b =Setback at top
H =Height from toe to top of cut/fill slope
1434
40
LEGISLATIVE DRAFT
H a b1
Less than 5'0 1'
5' to 30'H/2 H/5
Over 30'15'6'
1435
1436 Note:
1437 1. Additional width may be required for interceptor drain.
1438 FIGURE 2
1439
1440 2. Setback Ffrom Structures: Setback from cut or fill slopes and structures
1441 shall be provided in accordance with figure 3 of this section.
1442 FIGURE 3
1443
41
LEGISLATIVE DRAFT
1444 3. Setbacks Ffrom Faults: No structure shall be located over a fault. Determinations
1445 of the appropriate setback distance from the fault shall be made based on recommendations
1446 contained in the geological report required by subsection C of this section.
1447 J. Site Development Inspections:
1448 1. Special Inspections: All site development activities for which a permit or
1449 approval is required shall be subject to inspection by the building official. Special
1450 inspections of grading operations and special testing shall be performed to ensure
1451 conformity with approved plans and specifications. The following special inspections and
1452 testing are required:
1453 a. Fills:
1454 (1) The site is to be inspected prior to placement of fill
1455 material.
1456 (2) The fill material is to be inspected prior to placement on the
1457 site.
1458 (3) Final compaction of fill is to be tested.
1459 (4) The final grade is to be inspected.
1460 (5) Revegetation will be inspected during planting, upon
1461 planting completion, and again prior to bond release where applicable.
1462 b. Cuts:
1463 (1) The site is to be inspected prior to cutting or removing
1464 material.
1465 (2) The grade is to be inspected after cutting.
1466 (3) Revegetation will be inspected during planting, upon
1467 planting completion, and again prior to bond release where applicable.
1468 2. Inspection Schedule Aand Enforcement: At the time the site development
1469 permit or approval is issued, the building official shall establish the stage of development
1470 at which required inspections shall be made. In order to obtain inspections, the permittee
1471 shall notify the city of readiness at least twenty four (24) hours before said inspection is
1472 to be made. Where it is found by inspection that conditions are not substantially as stated
1473 or shown on the approved plans, the building official or his inspectors shall may stop
1474 further work until approval is obtained for amended plans.
1475 K. Completion Oof Work:
1476 1. Final Reports: Upon completion of the rough grading work and again at
1477 the final completion of the work, reports, drawings, and supplements thereto will be
1478 required as follows:
42
LEGISLATIVE DRAFT
1479 a. An "as graded" grading plan, prepared by a civil engineer,
1480 including original ground surface elevations, lot drainage patterns, and locations
1481 and elevations of all surface and subsurface drainage facilities. The engineer shall
1482 verify that the work was done in accordance with the final approved site
1483 development plan.
1484 b. A soil grading report, prepared by a soils engineer, including
1485 location and elevations of field density tests, summaries of field and laboratory
1486 tests and other substantiating data, and comments on any changes made during
1487 grading and their effect on the recommendations made in the soil engineering
1488 investigation report. The soils engineer shall verify the adequacy of the site for the
1489 intended use.
1490 c. A geologic grading report, prepared by an engineering geologist,
1491 including a final description of the geology of the site including any new
1492 information disclosed during the grading and the effect of the same on
1493 recommendations incorporated in the approved site development plan. The
1494 engineering geologist shall verify the adequacy of the site for the intended use as
1495 affected by geologic factors. This requirement may be modified or waived in
1496 writing by the building official if circumstances warrant.
1497 2. Notification Oof Completion: The permittee, or his authorized agent, shall
1498 notify the building official when the grading operation is ready for final inspection. Final
1499 approval shall not be given until all work, including installation of all drainage facilities
1500 and their protective devices and all erosion control measures including revegetation, have
1501 been completed in accordance with the final approved site development plan and the
1502 required reports have been submitted.
1503
1504 18.28.050: RESERVEDINDEPENDENT SITE DEVELOPMENT ACTIVITIES:
1505 A. General Application: No person shall commence, perform, or cause any grading
1506 to be done in excess of the limits specified below without first obtaining a site development
1507 permit. A separate independent site development permit not otherwise required under section
1508 10.28.040 of this chapter shall be required for each site on which grading is to be done as
1509 specified in subsection A1 of this section.
1510 1. General: A site development permit shall be required in all cases where
1511 development comes under any one or more of the following provisions:
1512 a. Excavation, fill, or any combination thereof exceeding one thousand
1513 (1,000) cubic yards;
1514 b. Excavation, fill, or any combination thereof exceeding five feet (5') in
1515 vertical depth at its deepest point measured from the adjacent, undisturbed, ground
1516 surface;
1517 c. Excavation, fill, or any combination thereof exceeding an area of one-half
1518 (1/2) acre;
43
LEGISLATIVE DRAFT
1519 d. Excavation, fill, or any combination thereof exceeding seventy five
1520 percent (75%) of a building site including the excavation for foundations and footings;
1521 e. Removal of vegetation from an area in excess of one-half (1/2) acre for
1522 purposes other than agricultural;
1523 f. Engineered interior fills or surcharges;
1524 g. Fuel break for fire protection purposes;
1525 h. Commercial quarries or mining activities operating in appropriate
1526 industrial zone as provided in the Salt Lake City zoning ordinance;
1527 2. Waiver: All of the following requirements and standards shall apply unless
1528 deemed unwarranted by the building official and waived in writing.
1529 B. Permit Application: Each application for an independent site development permit
1530 shall be made by the owner of the property, or the owner's authorized agent, to the building
1531 official on a form furnished for that purpose. The application shall include:
1532 1. Required Information: Three (3) copies of plot plans of the property,
1533 drawn to scale, which:
1534 a. Identify and describe the work to be covered by the permit for which
1535 application is made;
1536 b. Describe the land on which the proposed work is to be done by legal
1537 description, street address, or similar description that will readily identify and definitely
1538 locate the proposed work and identify lots of any platted subdivision included within the
1539 proposed building site;
1540 c. Indicate the use or occupancy for which the proposed work is intended;
1541 d. Be accompanied by plans, diagrams, computations, and specifications and
1542 other data as required;
1543 e. Be signed by property owner or permittee, or his authorized agent, who
1544 may be required to submit evidence to indicate such authority;
1545 f. Location of existing and proposed buildings or structures on the
1546 applicant's property, and the location of buildings or structures on adjacent properties
1547 which are within fifteen feet (15') of the applicant's property, or which may be affected
1548 by the proposed site development activities;
1549 g. Location of property lines and all existing and proposed streets, roadways,
1550 driveways, easements, and rights of way on, contiguous, or adjacent to the proposed
1551 development site;
1552 h. The present contours of the site in dashed lines and the proposed contours
1553 in solid lines. Contour intervals shall be not greater than two feet (2') where slopes are
1554 predominately five percent (5%) or less, and five feet (5') where slopes are predominately
44
LEGISLATIVE DRAFT
1555 steeper than five percent (5%). The source of all topographical information shall be
1556 indicated;
1557 i. The location of all drainage to, from, and across the site, the location of
1558 intermittent and permanent streams, springs, culverts, and other drainage structures, and
1559 size and location of any precipitation catchment areas in, above, or within one hundred
1560 feet (100') of the site;
1561 j. Detailed plans and location of all surface and subsurface drainage devices,
1562 walls, dams, sediment basins, storage reservoirs, and other protective devices to be
1563 constructed with, or as a part of, the proposed work, together with a map showing
1564 drainage areas, and the complete drainage network including outfall lines and natural
1565 drainageways which may be affected by the proposed project. Include the estimated
1566 runoff of the areas served by the proposed drainage system;
1567 k. Plan showing temporary erosion control measures to prevent erosion
1568 during the course of construction;
1569 l. All grading in excess of five thousand (5,000) cubic yards shall require
1570 professional engineering and shall be designated as "engineered grading". Any
1571 application including engineered grading shall contain a grading plan prepared by a
1572 registered professional engineer or licensed architect;
1573 m. A revegetation plan including:
1574 (1) A survey of existing trees, shrubs, and ground covers,
1575 (2) A plan for the proposed revegetation of the site detailing existing
1576 vegetation to be preserved, new vegetation to be planned and any modification to
1577 existing vegetation, and
1578 (3) A plan for the preservation of existing vegetation during
1579 construction activity;
1580 n. Statement of the estimated starting and completion dates for the grading
1581 work proposed and any revegetation work that may be required;
1582 o. Identify the type of surcharging fill material to be used on the building
1583 site;
1584 p. Estimate the amount of time surcharging fill material will be in place, and
1585 show consideration by a soils engineer of the potential for vertical and lateral soil
1586 movements on properties adjacent to the surcharge;
1587 q. A description of the method to be employed in disposing of soil and other
1588 material that is removed from the site, including the location of the disposal site;
1589 r. A description of the method to be used in obtaining fill to be used on the
1590 site and the site of acquisition of such fill;
45
LEGISLATIVE DRAFT
1591 s. If the proposed development lies within five hundred feet (500') of an
1592 identified fault, a geological report and verification as per subsection 18.28.040C2 of this
1593 chapter will be required. Said report may be submitted for review to the Utah geological
1594 survey by the building official;
1595 t. If applicable, submit a copy of the recorded subdivision plat showing
1596 developable area limitations;
1597 u. Application for commercial quarries shall contain an acceptable plan for
1598 the eventual rehabilitation and use of the quarry site after the resources have been
1599 removed. Such a plan, at a scale of not less than one inch equals one hundred feet (1" =
1600 100') with contour intervals not greater than five feet (5'), shall be compatible with its
1601 surroundings and in general agreement with the city's master plan. The plan shall show
1602 the proposed treatment of any stream channel adjacent to the resource deposits during
1603 extraction operations. Limits of excavation shall be determined to protect any natural or
1604 improved channel and any nearby wooded areas considered vital to the function of the
1605 rehabilitated area. Include the estimated time period during which quarrying and land
1606 rehabilitation operations will be conducted.
1607 2. Additional Information Which May Be Required: The following
1608 information shall be provided in triplicate if requested by the building official or city
1609 engineer:
1610 a. Slope classification map and analysis;
1611 b. Profiles or cross sections;
1612 c. Additional drainage calculations;
1613 d. Soils data including a report from a registered soils engineer,
1614 engineering geologist, or other qualified person;
1615 e. Statement of the estimated starting and completion dates for the
1616 grading work proposed and any revegetation work that may be required.
1617 f. Detailed revegetation plans for the site and, if appropriate,
1618 information relating to the landscaping on adjacent or surrounding areas affected
1619 by the proposed development. Such revegetation plans shall be prepared by a
1620 licensed engineer, architect, landscape architect, or other qualified person. These
1621 plans shall show:
1622 (1) Distribution of plants, existing trees, and work involved as
1623 related to slope control and/or physical environment;
1624 (2) A plan describing the methods of planting the areas to be
1625 landscaped with special emphasis on soil preparation, plant selection,
1626 methods of planting, and initial maintenance of plants and slopes until a
1627 specified percentage of plant coverage is uniformly established on cut and
1628 fill slopes;
46
LEGISLATIVE DRAFT
1629 (3) Such other and further details as may be specified by the
1630 building official or city engineer to carry out the purpose of this title. All
1631 such plans shall bear the name of the person responsible for the
1632 preparation of the plan;
1633 (4) The revegetation plan will be submitted by the building
1634 official to the Salt Lake City parks department's landscape architect for
1635 review.
1636 g. Such other information as shall be required by the building official
1637 or city engineer.
1638 3. Fee: Each site development application made independent and separate from a
1639 building permit application shall be accompanied by payment of an application fee
1640 pursuant to the Salt Lake City consolidated fee schedule.
1641 C. Granting Permit: To further the specific purposes of this title as set forth in
1642 subsection 18.28.010C of this chapter, the following procedures are established:
1643 1. Referrals: The application shall be referred by the building official to the
1644 city engineer and planning director for review. Further, applications may also be referred
1645 to the Utah geological survey and other appropriate advisors for comments and
1646 recommendations as deemed necessary or appropriate.
1647 2. Conformity To Plans: The building official shall be responsible to arrange
1648 for required inspections by appropriate inspectors who shall either approve that portion of
1649 the work completed or shall notify the permittee wherein the same fails to comply with
1650 this title. Where it is found by inspection that conditions are not substantially as stated or
1651 shown in the site development permit applications, the inspector shall stop further work
1652 until the work conforms to the approved plan or approval is obtained for revised plans.
1653 3. Abatement Of Hazardous Conditions: If, at any stage of site development,
1654 the building official determines by inspection that the work is creating hazardous
1655 conditions, he may suspend the work until provisions for abatement and/or correction are
1656 completed as set forth in subsection E of this section.
1657 D. Inspections:
1658 1. Inspection Schedule: At the time a site development permit is issued, the
1659 building official shall establish the stages of development at which inspections required
1660 by subsection 18.28.040J of this chapter shall be made. In order to obtain inspections, the
1661 permittee shall notify the city of readiness at least twenty four (24) hours before said
1662 inspection is to be made.
1663 2. Conformity To Plans: The building official shall be responsible to arrange
1664 for required inspections by appropriate inspectors who shall either approve that portion of
1665 the work completed or shall notify the permittee wherein the same fails to comply with
1666 this title. Where it is found by inspection that conditions are not substantially as stated or
1667 shown in the site development permit applications, the inspector shall stop further work
1668 until the work conforms to the approved plan or approval is obtained for revised plans.
47
LEGISLATIVE DRAFT
1669 3. Abatement Of Hazardous Conditions: If, at any stage of site development,
1670 the building official determines by inspection that the work is creating hazardous
1671 conditions, he may suspend the work until provisions for abatement and/or correction are
1672 completed as set forth in subsection E of this section.
1673 E. Grading And Erosion Control Design Standards And Regulations: All site
1674 development work shall be accomplished in conformance to the following provisions:
1675 1. Hours Of Operation: All grading operations in or contiguous to residential
1676 neighborhoods shall be carried on between the hours of seven o'clock (7:00) A.M. and
1677 five thirty o'clock (5:30) P.M. The city engineer may waive this requirement if it is
1678 shown that by restricting the hours of operation it would unduly interfere with the
1679 development of the property and it is shown that the neighboring properties would not be
1680 adversely affected.
1681 2. Dust And Dirt Control: All graded surfaces of any nature shall be
1682 dampened or suitably contained to prevent dust or spillage on city streets or adjacent
1683 properties. Equipment, materials, and roadways on the site shall be used or treated so as
1684 to cause the least possible annoyance due to dirt, mud, or dust conditions.
1685 3. Undevelopable Slopes: Any natural slopes identified on a slope
1686 classification map of thirty percent (30%) or greater, shall be designated undevelopable
1687 area. Said slope, if retained within the subdivision, may be designated and maintained as
1688 common area. In no event shall streets traverse such slopes.
1689 4. Finished Cuts And Slopes: Limitations shall be applied to the extent of cut
1690 and fill slopes to minimize the amount of excavated surface or ground area exposed to
1691 potential erosion and settlement.
1692 a. The exposed or finished cuts or slopes of any fill or excavation
1693 shall be smoothly graded.
1694 b. All cut and fill slopes shall be recontoured and revegetated by the
1695 subdivider in accordance with an approved plan.
1696 c. Cut or fill slopes shall normally be limited to fifteen feet (15') in
1697 vertical height. However, upon review and favorable recommendation of the city
1698 engineer and public utilities director the building official may approve cut and fill
1699 slopes exceeding fifteen feet (15') provided that such variations be allowed on a
1700 limited basis after thorough review of each request and only when balanced by
1701 offsetting improvements to the overall aesthetic, environmental, and engineering
1702 quality of the development.
1703 d. No excavation creating a cut face and no fill creating an exposed
1704 surface shall have a slope ratio exceeding one and one- half horizontal to one
1705 vertical (11/2:1).
1706 e. Exceptions:
48
LEGISLATIVE DRAFT
1707 (1) No slopes shall cut steeper than the bedding plane, fracture,
1708 fault, or joint in any formation where the cut slope will lie on the dip of
1709 the strike line of the bedding plane, fracture, fault, or joint.
1710 (2) No slopes shall be cut in an existing landslide, mudflow, or
1711 other form of naturally unstable slope except as recommended by a
1712 qualified geological engineer.
1713 (3) Where the formation is exposed above the top of the cut
1714 which will permit the entry of water along bedding planes, this area shall
1715 be sealed with a compacted soil blanket having a minimum thickness of
1716 two feet (2'). The soil for this blanket shall be relatively impervious and
1717 shall be approved by the soils engineer or engineering geologist.
1718 f. If the material of a slope is of such composition and character as to
1719 be unstable under the anticipated maximum moisture content, the slope angle
1720 shall be reduced to a stable value or retained by a method approved by the city
1721 engineer and certified as to its stability by a soils engineer or geologist. Said
1722 retaining method shall include design provisions which are:
1723 (1) Conducive to revegetation for soil stability and visual
1724 impact;
1725 (2) Used for selected areas of the site and not as a general
1726 application; and
1727 (3) Limited to tiers each of which is no higher than six feet (6'),
1728 separated by plantable terraces a minimum of two feet (2') in width;
1729 g. Any retaining system shall remain and be maintained on the lots
1730 until plans for construction are approved and a building permit is issued. The
1731 plans shall include provisions to integrate driveway access to the lot while
1732 maintaining the structural integrity of the retaining system.
1733 h. The building official may require the slope of a cut or fill to be
1734 made more level if at any time it is found that the material being, or the fill, is
1735 unusually subject to erosion, static or dynamic instability, or if other conditions
1736 make such requirements necessary for stability.
1737 5. Abatement Of Hazardous Conditions:
1738 a. If, at any stage of grading, the planning director or city engineer
1739 determines by inspection that the nature of the formation is such that further work
1740 as authorized by an existing permit is likely to imperil any property, public way,
1741 watercourse, or drainage structure, the planning director or city engineer shall
1742 require, as condition to allowing the work to proceed, that reasonable safety
1743 precautions be taken as are considered advisable to avoid likelihood of such peril.
1744 Such precautions may include, but shall not be limited to, any of the following:
1745 (1) Specification of a more level exposed slope;
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LEGISLATIVE DRAFT
1746 (2) Construction of additional drainage facilities, berms, or
1747 terraces;
1748 (3) Compaction or cribbing;
1749 (4) Installation of plants for erosion control; and/or
1750 (5) Reports from a registered soils engineer and/or engineering
1751 geologist whose recommendations may be made requirements for further
1752 work.
1753 Such requirements by the planning director or city engineer shall constitute a
1754 required change order in the work to be performed under permit. Said changes
1755 may be required to be reflected in amended plans.
1756 b. Where it appears that damage from storm drainage may result from
1757 work performed hereunder, such work may be stopped and the permittee required
1758 to take such measures as may be necessary to protect adjoining property or the
1759 public safety. On large operations, or where unusual site conditions exist, the
1760 planning director or city engineer may specify the time at which grading may
1761 proceed and the time of completion or may require that the operation be
1762 conducted in specific stages so as to ensure completion of protective measures or
1763 devices prior to the advent of seasonal rains.
1764 6. Fill Material And Compaction:
1765 a. Fill Material: All fill shall be earth, rock, or inert material free
1766 from organic material and free of metal, except that topsoil spread on cut and fill
1767 surfaces may incorporate humus for desirable moisture retention properties. Fill
1768 not meeting the definition above shall be placed only on approved public or
1769 private landfills or other approved deposit sites.
1770 b. Backfillings: Any pipe trench or trenching, or excavation made in
1771 any slope of any excavated or filled site, shall be backfilled and compacted to the
1772 level of the surrounding grade.
1773 c. Compaction Of Fills: Unless otherwise directed by the building
1774 official or city engineer, all fills governed by this title, intended to support
1775 building structures, or where otherwise required to be compacted for stability,
1776 shall be compacted, inspected, and tested in accordance with the following
1777 provisions:
1778 (1) The natural ground surface shall be prepared by removal of
1779 topsoil and vegetation, and if necessary shall be graded to a series of
1780 terraces. If fill material unacceptable under subsection E6a of this section
1781 is placed on the site, or the fill is not placed according to procedures of
1782 this title, then it must be removed.
1783 (2) The fill shall be spread and compacted in accordance with
1784 the city engineer's approved standards.
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LEGISLATIVE DRAFT
1785 (3) The moisture content of the fill material shall be controlled
1786 at the time of spreading and compaction to obtain required maximum
1787 density.
1788 (4) A written report of the completed compaction, showing
1789 location and depth of test holes, materials used, moisture conditions,
1790 recommended soil bearing pressures, and relative density obtained from
1791 all tests, prepared by a civil engineer or soils engineer licensed by the state
1792 of Utah, or testing laboratory shall be submitted to the building official,
1793 who will submit it to the city engineer for review.
1794 (5) The building official or city engineer may require
1795 additional tests or information if, in his opinion, the conditions or
1796 materials are such that additional information is necessary, and may
1797 modify or delete any of the above listed requirements that, in his opinion,
1798 are unnecessary to further the purpose of this title.
1799 7. Erosion Control And Revegetation: All cut and fill surfaces created by
1800 grading shall be planted with a ground cover that is a drought resistant variety. Topsoils
1801 are to be stockpiled during rough grading and used on cut and fill slopes. Cuts and fills
1802 along public roads are required to be landscaped according to a revegetation plan
1803 approved by the city. All plant selections must be approved by the parks department and
1804 building official prior to subdivision approval.
1805 8. Drainage:
1806 a. Adequate provisions shall be made to prevent any surface waters
1807 from damaging the cut face of an excavation or any portion of a fill. All drainage
1808 ways and structures shall carry surface waters, without producing erosion, to the
1809 nearest practical street, storm drain, or natural watercourse as approved by the city
1810 engineer. The city engineer may also require drainage structures to be
1811 constructed, or installed as necessary to prevent erosion damage or to prevent
1812 saturation of the fill or material behind cut slopes.
1813 b. An excess stormwater passage shall be provided for all stormwater
1814 storage areas. Such passage shall have capacity to convey through the proposed
1815 development the excess stormwater from the tributary watershed. The capacity of
1816 such excess stormwater passages shall be constructed in such a manner as to
1817 transport the peak rate of runoff from a 100-year return frequency storm assuming
1818 all storm sewers are inoperative, all upstream areas are fully developed in
1819 accordance with the city's current land use plan, and that antecedent rainfall has
1820 saturated the tributary watershed.
1821 c. No buildings or structures shall be constructed within such
1822 passage, however, streets, parking lots, playgrounds, park areas, pedestrian
1823 walkways, utility easements, and other open space uses shall be considered
1824 compatible uses. In the event such passageway is reshaped or its capacity to
1825 transport excess stormwater is otherwise restricted during or after construction,
1826 the city engineer shall notify the agency, party, or parties causing said restriction
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LEGISLATIVE DRAFT
1827 to remove the same and set a reasonable time for its removal. If said parties refuse
1828 to, or are unable to, comply with said order, the city engineer shall cause said
1829 restrictions to be removed at the expense of said parties. Where a proposed
1830 development contains existing natural drainage, appropriate planning measures
1831 shall be undertaken or required to preserve and maintain said natural drainage as
1832 part of the excess stormwater passage.
1833 d. Notwithstanding any other provisions of this title, whenever, in the
1834 judgment of the city engineer, a condition occurs in a stormwater storage area or
1835 passageway that creates a dangerous and imminent health and safety hazard, the
1836 city engineer shall order such action as shall be effective immediately or in the
1837 time manner prescribed in the order itself.
1838 9. Surcharging: Surcharges shall consist of earth material and shall be
1839 applied in such a manner as to have no effect on soil stability on adjacent or neighboring
1840 properties.
1841 10. No Structure Shall Be Located Over A Fault: Determinations of the
1842 appropriate setback distance from the fault shall be made based on recommendations
1843 contained in the geological report as per subsection 18.28.040C2 of this chapter.
1844
1845 18.28.060: INTERPRETATION, PERMIT PROCEDURE, APPEALS, GROUNDS FOR
1846 DENIAL, AND ENFORCEMENT ACTIONS:
1847 A. Interpretation; Conflicts:
1848 1. Minimum Requirements: In their interpretation and application, provisions
1849 of this chapter shall be held to be minimum requirements, except where expressly stated
1850 to be maximum requirements. No intent is made to impair, or interfere with, any private
1851 restrictions placed upon any property by covenant or deed; provided, however, that where
1852 this chapter imposes higher standards or greater restrictions the provisions of this chapter
1853 shall govern.
1854 2. Application Oof Most Restrictive Standard: Whenever any provision of
1855 this chapter or any other provision of law, whether set forth in this chapter or in any other
1856 law, ordinance, or resolution of any kind, imposes overlapping or contradictory
1857 regulations over the development of land, the most restrictive standards or requirements
1858 shall govern.
1859 B. Retention Oof Plans: Plans, specifications, and reports for all site development
1860 submitted to Salt Lake City for approval shall be retained by Salt Lake City.
1861 C. Expiration, Renewals, Aand Extensions Oof Permit: Every site development
1862 permit or approval shall expire by limitation and become null and void if the work authorized by
1863 such permit or approvals has not been commenced within one hundred eighty (180) days, or if
1864 the work is suspended or abandoned for a period of one hundred eighty (180) days at any time
1865 after the work is commenced. Before such work can recommence, the permit shall first be
1866 renewed by the building official and the renewal fee shall be one-half (1/2) the amount required
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1867 for a new permit for such work, provided no changes have been made or will be made in the
1868 original plans or scope of such work, otherwise a full fee may be required as determined by the
1869 building official. Any modifications to the original approved work that is related to a
1870 development for which the Salt Lake City planning commission granted approval, may require
1871 subsequent review and decision by the planning commission as determined by the planning
1872 director.
1873 D. Appeals:
1874 1. Filing: Any applicant aggrieved by a determination of any administrative official
1875 in relation to this chapter may appeal such determination to the appeals hearing officerboard of
1876 appeals and examiners pursuant to Chapter 18.12section 21A.16.030 of this code.
1877 2. Effect Oof Administrative Appeal: In the event of an appeal pursuant to the
1878 provisions above, the effect of such filing shall act to stay any and all further action and work
1879 pending the determination of the matter on appeal.
1880 E. General Grounds Ffor Denial: Factors, in addition to deviation from provisions of
1881 this chapter, which may be grounds for denial of a site development permit or approval shall
1882 include, but not be limited to:
1883 1. Possible or potential saturation of fill and/or unsupported cuts by water
1884 (both natural and/or domestic);
1885 2. Runoff surface waters that produce unreasonable erosion and/or silting of
1886 drainageways;
1887 3. Subsurface conditions (such as rock strata and faults, soil or rock
1888 materials, types of formations, etc.) which when disturbed by the proposed site
1889 development activity, may create earth movement and/or produce slopes that cannot be
1890 landscaped;
1891 4. Result in excessive and unnecessary scarring of the natural landscape
1892 through grading or removal of vegetation.
1893 F. Prohibited Activities:
1894 1. Removal Oof Topsoil: It shall be unlawful to remove topsoil for purposes
1895 of resale when unrelated to a bona fide purpose of site development contemplated under
1896 this chapter. The provisions of this chapter shall not be construed as permitting the
1897 removal of topsoil solely for resale.
1898 2. Nuisance: It shall be unlawful to create or maintain a condition which
1899 creates a public or private nuisance. After notice by the city, owners shall be strictly
1900 responsible to take any necessary action to correct or abate such nuisance. Further, this
1901 chapter shall not be construed to authorize any person or owner to create or maintain a
1902 private or public nuisance upon real property and compliance with the provisions of this
1903 chapter shall not be a defense in any action to abate such nuisance.
1904 G. Permit Oor Approval Revocation: In the event the building official or city
1905 engineer requests that a site development permit or approval be permanently suspended or
53
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1906 revokesd a site development permit any aggrieved party may appeal such decision pursuant to
1907 Chapter 18.12., they shall formally request a revocation hearing before the planning commission
1908 in compliance with the following procedures:
1909 1. Request: The request shall specify the grounds for complaint or details of
1910 deviation with terms and conditions of the approval that justify the proposed permit or
1911 approval revocation or suspension.
1912 2. Public Hearing: The planning commission shall hold a formal hearing to
1913 consider requests and recommendations for permanent revocation or suspension of
1914 permits at the next regularly scheduled meeting of the planning commission, at which
1915 service of the required notice can be satisfied.
1916 3. Notice: The planning commission shall cause notice of the time and place
1917 of the scheduled hearing to be prepared. Such notice shall be delivered by certified mail
1918 or personal service upon the permittee at least five (5) days prior to the date set for the
1919 hearing. At any such hearing, the permittee shall be given an opportunity to be heard and
1920 may call witnesses and present evidence. Upon conclusion of such hearing, the planning
1921 commission shall determine whether or not the permit shall be suspended or revoked, and
1922 any necessary or appropriate conditions which must be satisfied prior to the renewal or
1923 extension of said permit, including any necessary corrective measures to be completed as
1924 provided in subsection G4a of this section.
1925 4. Planning Commission Determination: Upon the conclusion of the required
1926 hearing and its deliberations thereon, should the planning commission find that the
1927 permittee, or authorized agent(s), have violated the terms of the permit or provisions of
1928 this chapter, have conducted or desire to carry out such site development activity in such
1929 a manner which unreasonably adversely affects the health, welfare, or safety of persons
1930 residing or working in the vicinity of the site, or have caused the same to be done, the
1931 planning commission may, as it deems appropriate:
1932 a. Require necessary corrective measures to be undertaken and
1933 completed at permittee's expense;
1934 b. Require reimbursement to the city for unusual costs incurred by the
1935 necessitation of enforcement action including costs of inspections, mailings,
1936 expert technical assistance, etc.;
1937 c. Continue suspension of all work contemplated or associated with
1938 the permit permanently until corrective requirements and/or original conditions
1939 are satisfied;
1940 d. If circumstances of work conducted have resulted in factors which
1941 would have been grounds for denial of the permit, the planning commission may
1942 order such necessary actions as required to restore the site, insofar as possible, to
1943 the preexisting conditions, and revoke the site development permit. If so evoked,
1944 and where appropriate, the planning commission may preclude acceptance of any
1945 site development application for the same site for a period not to exceed twelve
1946 (12) months.
54
LEGISLATIVE DRAFT
1947 5. Appeal: The decision of the planning commission on a request for
1948 permanent suspension or revocation of a site development permit or approval under this
1949 chapter may be appealed by the permittee, building official, or city engineer to the
1950 appeals hearing officer pursuant to section 21A.16.030 of this code.
1951 H. Property Owner Responsibility: Property owners are responsible to maintain their
1952 property in a safe, nonhazardous, condition and to otherwise comply with the provisions of this
1953 chapter and other applicable ordinances. Failure of city officials to observe or to recognize
1954 hazardous or unsightly conditions, or to recommend denial of the site development permit, shall
1955 not relieve the permittee, or property owner, from responsibility for the condition or damages
1956 resulting therefrom. Nor shall such action result in the city, its officers, or agents, becoming
1957 responsible or liable for conditions and damages resulting therefrom.
1958 I. Obstruction Prohibited: It shall be unlawful for any person to willfully or
1959 carelessly obstruct or injure any public right of way by causing or permitting earth or rock to
1960 slump, slough, or erode off private property onto the public right of way.
1961 J. Flooding: It shall be unlawful for any person to willfully or carelessly obstruct or
1962 injure any public right of way by causing or permitting flow or seepage of water, or by willfully
1963 or carelessly causing or permitting water under his/her control, possession, or supervision to
1964 escape in any manner so as to injure any street or public improvement.
1965 K. Violation And Penalties:
1966 1. Violation Of Chapter: It shall be unlawful for any person to construct,
1967 enlarge, alter, repair, or maintain any grading, excavation or fill or cause the same to be
1968 done, contrary to or in violation of any provision of this chapter.
1969 2. Obstruction Prohibited: It shall be unlawful for any person to wilfully or
1970 carelessly obstruct or injure any public right of way by causing or permitting earth or
1971 rock to slump, slough, or erode off private property onto the public right of way.
1972 3. Flooding: It shall be unlawful for any person to wilfully or carelessly
1973 obstruct or injure any public right of way by causing or permitting flow or seepage of
1974 water, or by wilfully or carelessly causing or permitting water under his/her control,
1975 possession, or supervision to escape in any manner so as to injure any street or public
1976 improvement.
1977 4. Misdemeanor Penalty: Any person violating any of the provisions of this
1978 chapter shall be deemed guilty of a misdemeanor and each such person shall be deemed
1979 guilty of a separate offense for each and every day or portion thereof during which any
1980 violation of any of the provisions of this chapter is committed, continued, permitted, or
1981 maintained. Upon conviction of any such violation, such person may be imprisoned for a
1982 period not exceeding six (6) months or be fined in the amount not exceeding two hundred
1983 ninety nine dollars ($299.00) if the person is an individual, or the greater amount of two
1984 thousand dollars ($2,000.00) in the event the person is a corporation, association, or
1985 partnership, or both so imprisoned or fined.
1986 J. Severability:
55
LEGISLATIVE DRAFT
1987 1. Severability: If any section, subsection, sentence, clause, or phrase of this
1988 chapter is for any reason held to be invalid or unconstitutional by the decision of any
1989 court of competent jurisdiction, such decision shall not affect the validity of the
1990 remaining portions of this chapter. The city council hereby declares that it would have
1991 passed this chapter and each section, subsection, sentence, clause, and phrase thereof,
1992 irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or
1993 phrases hereof may be declared invalid or unconstitutional.
1994 2. Limitation To Applied Facts: If the application of any provision or
1995 provisions of this chapter to any person, property, or circumstance is found to be
1996 unconstitutional, invalid, or ineffective, in whole or in part, by any court of competent
1997 jurisdiction, or other competent agency, the effect of such provision shall be limited to
1998 the person, property, or circumstance immediately involved in the controversy and the
1999 application of such provision to other persons, properties, or circumstances shall be
2000 unaffected unless the court specifically rules otherwise.
2001
2002 18.28.070: RESERVED:
2003
2004 SECTION 8. Repealing the text of Salt Lake City Code Chapter 18.32. That Chapter
2005 18.32 of the Salt Lake City Code (Technical Building Specifications: Building Regulations) is
2006 hereby repealed in its entirety as follows:
2007 CHAPTER 18.32
2008 BUILDING REGULATIONS
2009 18.32.020: BUILDING CODE AND STANDARDS ADOPTED:
2010 The edition of the uniform building code, as adopted by the Utah uniform building code
2011 commission as the construction standard to be adhered to by subdivisions of the state (section
2012 58-56-4, Utah Code Annotated, or its successor section) is adopted by Salt Lake City, together
2013 with the following chapters of the appendix to the uniform building code:
2014 Chapter 3 Division IV - Requirements For Group R, Division 4 Occupancies;
2015 Chapter 11 Division I - Site Accessibility;
2016 Chapter 11 Division II - Accessibility For Existing Buildings;
2017 Chapter 15 Reroofing;
2018 Chapter 16 Division I - Snow Load Design;
2019 Chapter 16 Division III - Earthquake Regulations For Seismic Isolated Structures;
2020 Chapter 31 Division II - Membrane Structure;
56
LEGISLATIVE DRAFT
2021 Chapter 33 Excavation And Grading.
2022 ICC/MBI Standard for Off-Site Construction: Planning, Design, Fabrication and Assembly, or its
2023 successor document.
2024 Hereafter, all references in this code to the uniform building code shall mean the said edition
2025 adopted by the Utah uniform building code commission. One copy of the uniform building code
2026 shall be filed for use and examination by the public in the office of the city recorder.
2027
2028 18.32.035: FEES:
2029 A. Building permit fees shall be based on the total valuation of the proposed project
2030 as shown on the Salt Lake City consolidated fee schedule.
2031 B. Plan review fees shall be sixty five percent (65%) of the building permit fees.
2032 C. Fees to expedite building plan review as governed by section 18.20.050 of this
2033 title shall be two (2) times the standard building plan review fee.
2034 D. Penalties for not obtaining permanent certificate of occupancy will be three
2035 hundred dollars ($300.00) for each month, after the initial thirty (30) day temporary certificate of
2036 occupancy, which has no additional cost associated with it; due before the first of the month and
2037 only allowed for up to three (3) renewals after the initial free thirty (30) day period. Partial
2038 months will not be refunded.
2039 E. Fees for renewing expired plan review after one hundred eighty (180) days as
2040 governed by section 18.20.110 of this title shall be shown on the Salt Lake City consolidated fee
2041 schedule.
2042 F. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
2043 each permit for fencing.
2044 G. Other fees shall consist of electrical, mechanical and plumbing, and fire
2045 suppression and monitoring equipment inspection fees as shown on the Salt Lake City
2046 consolidated fee schedule.
2047
2048 18.32.050: UBC APPENDIX CHAPTER 3 DIVISION V ADDED; NONCONFORMING
2049 BUILDING CONVERSION:
2050 Appendix chapter 3 of the uniform building code be, and the same hereby is, amended by adding
2051 chapter 3 division V to create a group R division 5 occupancy classification and requirements
2052 applicable to change in occupancy when nonconforming group R divisions 1 and 3 occupancies
2053 undergo conversion, which shall read as follows:
2054 Chapter 3 Division V
2055 Requirements For Group R Division 5 Occupancies
57
LEGISLATIVE DRAFT
2056 Sec. 344. Group R, Division 5 Occupancies Defined. Group R, division 5 occupancies shall be:
2057 nonconforming group R divisions 1 and 3 structures undergoing conversion.
2058 Sec. 345. General Provisions. Because conversion changes the original anticipated ownership
2059 plan for a multi-family dwelling unit project from a single ownership into a hybrid mixture of
2060 separate ownership of dwelling units combined with collective ownership of common areas
2061 through association, etc., each nonconforming group R division 1 or division 3 structure being
2062 converted into a condominium project or other type of ownership arrangement involving separate
2063 ownership of individual units combined with joint or collective ownership of common areas shall
2064 constitute a change in classification of occupancy to that of a group R division 5 and shall
2065 comply with basic requirements of this code and the specific requirements listed below. All work
2066 on such structures in the form of additions, alterations, or repairs shall conform to applicable
2067 standards as required by section 3403 of this code. Where said provisions require conformity to
2068 requirements governing new buildings, the applicable requirements of group R division 1 or 3
2069 new construction shall apply.
2070 Special Provisions And Minimum Standards.
2071 Sec. 346. Property Report. Each conversion project to obtain approval shall submit two copies of
2072 a property report prepared by a licensed engineer or architect which discloses and describes:
2073 (1) The age of the building or buildings,
2074 (2) The general condition, useful life, and capacity of the building's structural elements
2075 including the roof, foundations, mechanical system, electrical system, plumbing
2076 system, boiler, and other structural elements;
2077 (3) All known conditions constituting deficiencies requiring repair to meet existing
2078 building codes; and
2079 (4) All known conditions which may require repair or replacement within the next
2080 succeeding five year period.
2081 (5) The existing conditions meet the standards of the Salt Lake City existing residential
2082 housing code sections 18.50.140, Exterior Standards; 18.50.150, Interior Standards;
2083 18.50.180, Space And Occupancy Standards; 18.50.190, Light And Ventilation;
2084 18.50.200 Fire Safety-Egress. The building report, as required in section 20.56.060 of
2085 the city code, shall note all deficiencies; appeals of noted deficiencies may be
2086 addressed to the housing advisory and appeals board.
2087 Said report shall certify the structure currently conforms to applicable codes or the owner shall
2088 present plans to bring the structures into conformity with applicable building codes prior to
2089 issuance of certificates of occupancy.
2090 Sec. 347. Electrical Service Minimum Standards. Each converted dwelling unit shall have an
2091 electrical service which provides:
2092 (1) A minimum service of 60 amps.
2093 (2) Receptacle outlets are required to meet standards of the national electrical code,
2094 section 210-21(b). Each habitable room shall have no less than two such receptacles.
58
LEGISLATIVE DRAFT
2095 (3) Where a kitchen is provided, or required by this code, each kitchen shall be installed
2096 on a separate circuit.
2097 (4) If, as an option, dishwashers or garbage disposals are to be installed or provided for,
2098 each must be located on a separate circuit. If such appliances or optional capacity are
2099 not provided, the limitation must be disclosed to buyers and in the property report.
2100 (5) All bathrooms are to be equipped with GFIC outlet.
2101 (6) Lights and fixtures in all storage and equipment facilities over 84 sq. ft. in size.
2102 (7) Installation of a smoke detector conforming to manufacturer's recommendations shall
2103 be installed in each dwelling unit as a local detection unit. If the building has a
2104 common exit hall or corridor then a general automatic detection system shall be
2105 installed with the capability of sending a signal to a remote station.
2106 (8) Installation of at least one wall switch controlled lighting outlet in every habitable
2107 room, bathrooms, hallways, stairways, attached garages, and outdoor entrances.
2108 All electrical work and repair must be completed under permit and comply with applicable codes
2109 and ordinances.
2110 Sec. 348. Plumbing And Water Systems.
2111 (a) Plumbing System. A mechanical engineer, licensed plumbing contractor, or a
2112 licensed general contractor shall calculate and determine the capacity of the current
2113 plumbing system, including the existing and potential load in fixture units (as
2114 determined by the uniform plumbing code) as part of the property report required
2115 above. All new installations or repairs must be completed under permit and shall
2116 conform to applicable plumbing codes. The entire system shall be brought up to
2117 applicable standards of this code when required by section 3403. The impact of new
2118 installations upon the existing system shall be calculated and stated in the property
2119 report.
2120 (b) Water Supply. Water piping shall be so arranged that the water supply can be turned
2121 on or off to any individual fixture; provided, however, that supply piping to a single
2122 unit and building accessory thereto may be controlled by one valve.
2123 Sec. 349. Mechanical System. The mechanical system for each converted dwelling unit shall:
2124 (1) Equip each unit with its own heating system, except where a central water or steam
2125 system is present.
2126 (2) Provide each unit with its own means of controlling temperature when the building
2127 utilizes a central heating plant. All mechanical work and repair shall be completed
2128 under permit and comply with applicable codes.
2129 Sec. 350. Discretion Of Building Official To Waive Minor Deviations. The foregoing minimum
2130 standards are intended to be fully complied with prior to the building official's approval of
2131 permits, record of survey maps, plans or certificates. However, the building official may waive
2132 literal compliance with said standards for minor deviations and non-dangerous conditions, if the
59
LEGISLATIVE DRAFT
2133 official determines that strict compliance with the requirements of this chapter would be
2134 impractical due to the unique condition of the property, or result in an unnecessary and extreme
2135 hardship for the owner of the property. The building official may in such cases impose additional
2136 reasonable and equivalent conditions upon the project.
2137 Sec. 351. All condominiums shall meet the requirements as listed in 18.96.050 (fit premises) of
2138 the city ordinance.
2139
2140 18.32.060: UBC SECTION 109.1 AMENDED; CERTIFICATE OF OCCUPANCY:
2141 Section 109.1 of the uniform building code is amended to read as follows:
2142 Section 109.1 Use Or Occupancy. No building or structure of groups A, B, E, F, H, I, M, R and S
2143 occupancy shall be used or occupied, and no change in the existing occupancy classification of a
2144 building or structure or portion thereof shall be made until the building official has issued a
2145 certificate of occupancy therefor as provided herein.
2146
2147 18.32.090: UBC SECTION 204 AMENDED; DEFINITIONS:
2148 Section 204 of the uniform building code, adopted by section 18.32.020 of this chapter, or its
2149 successor, is amended by adding definitions of condominiums and conversions which shall read
2150 as follows:
2151 Condominium, Condominium Project, Condominium Unit. For purposes of this code,
2152 "condominium," "condominium project," and "condominium units" or "units" means property or
2153 portions thereof conforming to the definitions set forth in section 57-8-3 of Utah Code
2154 Annotated, 1953, as amended.
2155 Conversion. "Conversion" means a proposed change in the type of ownership in a parcel or
2156 parcels of land, together with existing attached structures, from single ownership of said parcel
2157 such as an apartment house or multi-family dwelling into a condominium project or other
2158 ownership arrangements involving separate ownership of individual units combined with joint or
2159 collective ownership of common areas, facilities, or elements.
2160
2161 18.32.120: UBC APPENDIX CHAPTER 35 ADDED; FLOOD HAZARD AREAS:
2162 The uniform building code is amended by adding a new appendix chapter 35, which reads as
2163 follows:
2164 Sec. 3501. Floodplain Hazard Area. For the purpose of this chapter "floodplain hazard area" shall
2165 mean those lands lying within the corporate limits of Salt Lake City as defined in section
2166 18.68.020 of the Salt Lake City code, as being located within the boundaries of flood hazard
2167 boundary map as defined in said section 18.68.020 and adopted by section 18.68.030 of the Salt
2168 Lake City code. A copy of said map and amendments is on file for public examination in the
2169 offices of the city recorder and city engineer.
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2170 Sec. 3502. Floodplain Protection Requirements. All plans involving development, repair,
2171 substantial improvements to, or construction of building or structures within the floodplain
2172 hazard area shall comply with the standards set forth in chapter 18.68 of the Salt Lake City code
2173 relating to floodplain hazard regulations.
2174
2175 18.32.130: UBC APPENDIX CHAPTER 33 AMENDED; EXCAVATION AND
2176 GRADING:
2177 Appendix chapter 33 of the uniform building code, relating to excavation and grading, is hereby
2178 amended by deleting the text of sections 3304 through 3318 and amending by adding a cross
2179 reference, so appendix chapter 33 shall read as follows:
2180 Appendix Chapter 33
2181 Excavation And Grading
2182 Sec. 3304-3318. Said sections and their revised text are hereby deleted, having been incorporated
2183 within the text of chapter 18.28 of the Salt Lake City code relating to site development
2184 regulations, drawing particular reference to provisions within chapters 4 and 5 of said
2185 development regulations.
2186
2187 18.32.140: SENIOR CITIZEN APARTMENT FEE ABATEMENT:
2188 Qualified multi-family apartment projects may apply to, and receive from, the building official
2189 an abatement of the normal building permit fees. In order for the building official to approve the
2190 discount, the applicant must submit necessary documentation in order for the building official to
2191 certify that the apartment project qualifies under the following criteria:
2192 A. The project is owned and/or operated as a bona fide organization for providing
2193 housing for senior citizens;
2194 B. The project operators and/or property owners stipulate that all units shall be
2195 rented by persons over age sixty two (62) years of age;
2196 C. Operators and/or property owners agree to verify ages of tenants as part of their
2197 annual application for an apartment house license;
2198 D. Project operators and property owners execute an agreement, binding upon
2199 successors in interest and secured by the real property, to reimburse the city the amount of the
2200 abated fees plus interest from the date of the permit at the rate applicable to judgment, should the
2201 rate of occupancy by qualified senior citizens drop below ninety five percent (95%) during the
2202 next thirty (30) years. This occupancy rate shall be determined annually as of the date the annual
2203 license application is submitted to the city; and
2204 E. The amount of the fees abated, plus interest at the then established rate applicable
2205 to judgments from date of the abated fees, shall be repaid to the city upon a subsequent
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LEGISLATIVE DRAFT
2206 application to convert the project to condominium or other ownership arrangements involving
2207 sale of separate units, if submitted within thirty (30) years of such abatement.
2208
2209 18.32.150: UBC SECTION 103 AMENDED; VIOLATIONS AND PENALTIES:
2210 Section 103 of the uniform building code is amended to read as follows:
2211 It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair,
2212 move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or
2213 structure in the city, or cause the same to be done contrary to or in violation of any of the
2214 provisions of this code.
2215 Any person, firm, or corporation violating any of the provisions of this code shall be deemed
2216 guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for
2217 each and every day or portion thereof during which any violation of any of the provisions of this
2218 code is committed, continued, or permitted and upon conviction of any such violation such
2219 persons shall be punishable by a fine as provided by section 1.12.050, or its successor, of the Salt
2220 Lake City code.
2221
2222 SECTION 9. Repealing the text of Salt Lake City Code Chapter 18.36. That Chapter
2223 18.36 of the Salt Lake City Code (Technical Building Specifications: Electrical Regulations) is
2224 hereby repealed in its entirety as follows:
2225 CHAPTER 18.36
2226 ELECTRICAL REGULATIONS
2227
2228 18.36.010: ELECTRICAL CODE ADOPTED BY REFERENCE:
2229 The edition of the national electrical code, as adopted by the Utah uniform building code
2230 commission, is adopted by Salt Lake City as the ordinances, rules and regulations of the city,
2231 subject to the amendments and exceptions thereto as hereinafter set forth in this chapter, one
2232 copy of which code shall be filed for use and examination by the public in the office of the city
2233 recorder. Hereafter, all references in this code to the national electrical code shall mean the
2234 edition of the national electrical code adopted by the Utah uniform building code commission.
2235
2236 18.36.100: PERMIT FEES; RESIDENTIAL WORK:
2237 The following fees for a permit for the installation of electrical materials in residences, including
2238 multiapartment buildings, shall be paid to the city treasurer before any permit is valid. The basic
2239 fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
62
LEGISLATIVE DRAFT
2240 schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
2241 consolidated fee schedule.
2242
2243 18.36.110: FEE FOR TEMPORARY METERING:
2244 The fee for permit for temporary metering and service facilities shall be as shown on the Salt
2245 Lake City consolidated fee schedule.
2246
2247 18.36.120: COMMERCIAL AND INDUSTRIAL FEES:
2248 The fees to be paid to the city treasurer for electrical permits covering work in industrial or
2249 commercial properties shall be computed as follows:
2250 A. Minimum Fee: Minimum fee shall be as shown on the Salt Lake City
2251 consolidated fee schedule.
2252 B.New Service Or Change Of Service: For new service, change of service,
2253 alterations or repairs of six hundred (600) volt or less capacity service entrance equipment, the
2254 fee shall be as shown on the Salt Lake City consolidated fee schedule.
2255 C. Subfeeders: Fee for installation, alteration or repair of subfeeders, including
2256 supply taps from subfeeders, shall be as shown on the Salt Lake City consolidated fee schedule.
2257 D. Transformers: The installation of transformers shall be subject to inspection fee
2258 when such transformers are an integral part of the consumer's distribution system. Such fee shall
2259 be in addition to the regular system inspection fee and shall be as shown on the Salt Lake City
2260 consolidated fee schedule.
2261 E. Motor Generator: The fee for installation of a motor generator for emergency or
2262 standby shall be as shown on the Salt Lake City consolidated fee schedule.
2263 F. Alternate Fee Schedule: Electrical permit fees shall be computed on the schedules
2264 set forth on the Salt Lake City consolidated fee schedule and shall be paid prior to work being
2265 started. When a fee cannot be computed on the standard schedules, it shall be computed based on
2266 the alternate schedule shown on the Salt Lake City consolidated fee schedule.
2267
2268 18.36.130: ELECTRICAL WORK EXCEEDING ONE HUNDRED THOUSAND
2269 DOLLARS:
2270 When the cost of electrical work exceeds one hundred thousand dollars ($100,000.00), electrical
2271 permit fees shall be as shown on the Salt Lake City consolidated fee schedule.
2272
2273 18.36.170: POWER TO PANEL PERMITS; REQUIRED WHEN:
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2274 All new construction shall require a power to panel permit in accordance with section 18.36.180
2275 of this chapter, or its successor section, to be issued in conjunction with the required electrical
2276 permit.
2277
2278 18.36.180: POWER TO PANEL PERMIT; FOR CONSTRUCTION PURPOSES ONLY:
2279 A. Temporary Basis: A power to panel permit shall authorize power for construction
2280 purposes on a temporary basis only; permanent power must be authorized separately.
2281 B. Permit: At the time power to panel is required to complete construction, the owner
2282 or contractor shall apply for and obtain a separate power to panel construction permit. Said
2283 permit shall be valid for a sixty (60) day period.
2284 C. Extensions: Thirty (30) day extensions for such permit may be issued upon the
2285 approval of building and housing services and upon payment of one-half (1/2) of the original
2286 permit fee for each extension.
2287 D. Certificate Of Occupancy: Final electrical approval for permanent power shall be
2288 withheld until a certificate of occupancy is issued. Occupancy occurring prior to the issuance of a
2289 certificate of occupancy shall result in a discontinuance of all power until occupancy is approved
2290 or until occupancy ceases.
2291 E. Expiration: Upon expiration of a power to panel construction permit, all power to
2292 the electrical panel shall be discontinued.
2293 F. Fees:
2294
60 day, no issue fee $20.00
30 day extension 7.00
2295
2296 18.36.210: VIOLATION; PENALTY:
2297 Any person, firm or corporation, whether acting as owner or occupant of the premises involved,
2298 or contractor, or otherwise, who violates or refuses to comply with any provisions of this title, or
2299 the national electrical code, as amended, shall be guilty of a misdemeanor. A separate offense
2300 shall be deemed to be committed on each day an offense occurs or continues.
2301 SECTION 10. Amending the text of Salt Lake City Code Chapter 18.48. That Chapter
2302 18.48 of the Salt Lake City Code (Technical Building Specifications: Dangerous Buildings) is
2303 hereby amended as follows:
64
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2304 CHAPTER 18.48
2305 DANGEROUS BUILDINGS
2306 ARTICLE I. REPAIR, ORAND VACATION, OR BOARDING OF DANGEROUS
2307 BUILDINGS
2308
2309 18.48.010: TITLE:
2310 This chapter and the provisions included herein constitute Salt Lake City's Dangerous Building
2311 Code, and will be referred to hereinafter as "the Dangerous Building Code" or "this Code." This
2312 Code chapter shall implementis modeled after the Uniform Code for the Abatement of
2313 Dangerous Buildings, 1997 Edition, and has only been adopted as stated herein.
2314
2315 18.48.020: PURPOSE AND SCOPE:
2316 It is the purpose of this chapterthe Dangerous Building Code to provide just, equitable, and
2317 practicable methods to require the repair (including temporary boarding) and, vacation, or
2318 temporary boarding of buildings or structures that endanger the life, limb, health, morals,
2319 property, safety, or welfare of the general public or their occupants. The provisions of this
2320 Dangerous Building Code are cumulative and in addition to any other remedy provided by law.
2321
2322 18.48.030: DEFINITIONS:
2323 BUILDING CODE: The International Building Code, or its successor, promulgated by the
2324 International Code Council, as adopted by the state.
2325 BOARDED BUILDING: A building in which accessible openings, such as windows and doors,
2326 are secured by a secondary means against entry. Examples of securing a building by a secondary
2327 means includes, but is not limited to, boarding and fencing.
2328 DANGEROUS BUILDINGS: For the purpose of this Dangerous Building Code, aAny building
2329 or structure that has any or all of the conditions or defects hereinafter described may be deemed
2330 to be a dangerous building, provided that such conditions or defects exist to the extent that the
2331 life, health, property, or safety of the public or its occupants are endangered.
2332 A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient
2333 width or size or is not so arranged as to provide safe and adequate means of exit in case
2334 of fire or panic.
2335 B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit
2336 is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate
2337 means of exit in case of fire or panic.
2338 C. Whenever the stress in any materials, member or portion thereof, due to all dead and live
2339 loads, is more than one and one half 1.5 times the working stress or stresses allowed in
2340 the Building Code for new buildings of similar structure, purpose or location.
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2341 D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by
2342 any other cause, to such an extent that the structural strength or stability thereof is
2343 materially less than it was before such catastrophe and is less than the minimum
2344 requirements of the Building Code for new buildings of similar structure, purpose, or
2345 location.
2346 E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
2347 detached or dislodged, or to collapse and thereby injure persons or damage property.
2348 F. Whenever any portion of a building, or any member, appurtenance, or ornamentation on
2349 the exterior thereof is not of sufficient strength or stability, or is not so anchored,
2350 attached, or fastened in place so as to be capable of resisting a wind pressure of one half
2351 of that specified in the Building Code for new buildings of similar structure, purpose or
2352 location without exceeding the working stresses permitted in the Building Code for such
2353 buildings.
2354 G. Whenever any portion of a building or structure has wracked, warped, buckled, or settled
2355 to such an extent that walls or other structural portions have materially less resistance to
2356 winds or earthquakes than is required in the case of similar new construction.
2357 H. Whenever the building or structure, or any portion thereof, because of (i) dilapidation,
2358 deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability
2359 of any portion of the ground necessary for the purpose of supporting such building; (iv)
2360 the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely
2361 to partially or completely collapse.
2362 I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
2363 unsafe for the purpose for which it is being used.
2364 J. Whenever the exterior walls or other vertical structural members list, lean, or buckle to
2365 such an extent that a plumb line passing through the center of gravity does not fall inside
2366 the middle one third of the base.
2367 K. Whenever the building or structure, exclusive of the foundation, shows thirty three
2368 percent (33%) or more damage or deterioration of its supporting member or members, or
2369 fifty percent (50%) damage or deterioration of its non-supporting members, enclosing or
2370 outside walls or coverings.
2371 L. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
2372 flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to
2373 children or as to enable persons to resort thereto for the purpose of committing unlawful
2374 acts.
2375 M. Whenever any building or structure has been constructed, exists, or is maintained in
2376 violation of any specific requirement or prohibition applicable to such building or
2377 structure provided by the building regulations of this jurisdiction, as specified in the
2378 Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction
2379 relating to the condition, location, or structure of buildings.
66
LEGISLATIVE DRAFT
2380 N. Whenever any building or structure which, whether or not erected in accordance with all
2381 applicable laws and ordinances, has in any non-supporting part, member or portion less
2382 than fifty percent (50%), or in any supporting part, member or portion less than sixty six
2383 percent (66%) of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii)
2384 weather-resisting qualities or characteristics required by law in the case of a newly
2385 constructed building of like area, height and occupancy in the same location.
2386 O. Whenever a building or structure, used or intended to be used for dwelling purposes,
2387 because of inadequate maintenance, dilapidation, decay, damage, faulty construction or
2388 arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by
2389 the health officer to be unsanitary, unfit for human habitation, or in such a condition that
2390 is likely to cause sickness or disease.
2391 P. Whenever any building or structure, because of obsolescence, dilapidated condition,
2392 deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction,
2393 faulty electric wiring, gas connections or heating apparatus, or other cause, is determined
2394 by the fire marshal to be a fire hazard.
2395 Q. Whenever any building or structure is in such a condition as to constitute a public
2396 nuisance known to the common law or in equity jurisprudence.
2397 R. Whenever any portion of a building or structure remains on a site after the demolition or
2398 destruction of the building or structure or whenever any building or structure is
2399 abandoned for a period in excess of six months so as to constitute such building or
2400 portion thereof an attractive nuisance or hazard to the public.
2401 DIVISION: Salt Lake City's Division of Building Services, or the successor Salt Lake City
2402 division authorized to perform the repair, vacation, or boarding of a building under this chapter.
2403 HOUSING CODE: The Salt Lake City Existing Residential Housing Ordinance as promulgated
2404 in Chapter 18.50 of the City Code.
2405 VACANT/SECURE BUILDING: An unoccupied building having all openings, such as windows
2406 and doors, secured against entry, where windows are fully glazed and the doors are secured by
2407 means of a lock.
2408
2409 18.48.040: AUTHORITY TO ENFORCE:
2410 A. Authority Tto Enforce: The building official or designee is hereby authorized to
2411 enforce the provisions of this chapterDangerous Building Code. The building official shall have
2412 the power to render interpretations of this Dangerous Building Code and to adopt and enforce
2413 rules and supplemental regulations to clarify the application of its provisions. Such
2414 interpretations, rules, and regulations shall be in conformity with the intent and purpose of this
2415 Dangerous Building Code.
2416 B. Authority Tto Inspect: The building official or their designee is hereby authorized
2417 to make inspections and take such actions as may be required to enforce the provisions of this
2418 chapterDangerous Building Code.
67
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2419 C. Buildings Oor Structures Subject Tto Inspection: Any building or structure, where
2420 there is reasonable cause to believe a condition exists that renders the building or structure
2421 endangering the life, limb, health, morals, property, safety, or welfare of the general public or the
2422 structure’s occupants in violation of the provisions of this code, is subject to inspection by the
2423 building official or their designee in the manner provided by this Dangerous Building Code.
2424 D. Inspection When Permit Required: All construction or work for which a permit is
2425 required is subject to inspection by the building official or their designee in accordance with and
2426 in the manner provided by this Dangerous Building Code.
2427 E. Inspections: The building official or their designee may enter a building or
2428 structure at reasonable times to inspect or to perform the duties imposed by this
2429 chapterDangerous Building Code.
2430 1. If the building or structure is occupied, the building official or designee
2431 shall present credentials to the occupant and request entry.
2432 2. If the building or structure is unoccupied, the building official or their
2433 designee shall make reasonable efforts to locate the owner or other persons having charge
2434 or control of the building or premises and request entry.
2435 3. If entry is refused, the building official or their designee shall have
2436 recourse to the remedies provided by law to secure entry.
2437
2438 18.48.050: PROCEDURES UPON DETERMINATION OF A VIOLATION:
2439 A. Initiation Of Action: When the building official has inspected or caused to be
2440 inspected any building and has found and determined that such building is a dangerous building,
2441 the building official shall follow the enforcement procedures set forth in the 1997 Uniform Code
2442 for the Abatement of Dangerous Buildingscommence proceedings to cause the repair , vacation,
2443 or boarding of the building.
2444 B. Form Of Notice And Order: The building official shall issue a written notice and
2445 order directed to the record owner of the building.
2446 1. The notice and order shall:
2447 a. Identify the property owner of record according to the records of
2448 the Salt Lake County Recorder;
2449 b. Describe the property and contain a statement that the building
2450 official has found the building to be dangerous with a brief and concise
2451 description of the conditions found to render the building dangerous under the
2452 provisions of this code; and
2453 c. Require the property owner to take action as determined by the
2454 building official.
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LEGISLATIVE DRAFT
2455 (1) If the building official has determined that the building or
2456 structure must be repaired or boarded, the order shall require that all
2457 required permits be secured and the work physically commenced within
2458 such time as the building official shall determine is reasonable under all of
2459 the circumstances, which time shall not be less than ten (10) days from the
2460 date after the day the notice is delivered in person or postmarked.
2461 (2) If the building official has determined that the building or
2462 structure must be vacated, the order shall require that the building or
2463 structure shall be vacated within a time certain from the date of the order
2464 as determined by the building official to be reasonable, which time shall
2465 not be less than ten (10) days from the date after the day the notice is
2466 delivered in person or postmarked.
2467 d. A statement that, if any required repair work not also requiring the
2468 vacation of property is not commenced within the time specified in Subsection
2469 18.48.050.B.1.c.(1), the building official will order the building vacated and
2470 posted to prevent further occupancy until the work is completed and may proceed
2471 to cause the work to be done and recover the costs as set forth in Section
2472 18.48.100.
2473 e. A statement that (i) any person having any record title or legal interest in the
2474 building may appeal from the notice and order of the building official , except for an objection
2475 from an itemized statement of costs, to the Housing Advisory and Appeals Board as established
2476 in this chapter, provided the appeal is made in writing as provided in this code and filed with the
2477 building official within thirty (30) days from the date of service of such notice and order; and (ii)
2478 failure to appeal will constitute a waiver of all right to an administrative hearing and
2479 determination of the matter.
2480 C. Service: The written notice and order, and any amended or supplemental notice
2481 and order, shall be served on the property owner of record according to the records of the county
2482 recorder. Service shall be made in person or by certified or commercial courier service. The
2483 failure of any such person to receive such notice shall not affect the validity of any proceedings
2484 taken under this section. Service by certified mail in the manner herein provided shall be
2485 effective on the date the notice and order are postmarked.
2486 D. Proof Of Service: Proof of service of the notice and order shall be certified at the
2487 time of service by a written declaration under penalty of perjury executed by the persons
2488 effecting service, declaring the time, date, and manner in which service was made. The
2489 declaration, together with any receipt card returned in acknowledgment of receipt by certified
2490 mail or commercial courier service shall be affixed to the copy of the notice and order retained
2491 by the building official.
2492 E. Recording Of Certificate: If compliance is not had with the order within the time
2493 specified therein, and no appeal has been properly and timely filed, the building official shall file
2494 in the office of the county recorder a certificate describing the property and certifying (i) that the
2495 building is a dangerous building and (ii) that the owner has been so notified. If the actions
2496 ordered are completed after filing of this certificate or the building is demolished so that it no
2497 longer exists as a dangerous building on the property, the building official shall file a new
69
LEGISLATIVE DRAFT
2498 certificate with the county recorder certifying that the building has been demolished or all
2499 required corrections have been made so that the building is no longer dangerous, whichever is
2500 appropriate.
2501
2502 18.48.060: NOTICE TO VACATE: RESERVED
2503 A. Form Of Notice: Every notice to vacate shall, in addition to being served as
2504 provided in Section 18.48.050, be posted on the exterior of the building and shall be in
2505 substantially the following form:
2506 DO NOT ENTER
2507 UNSAFE TO OCCUPY
2508 It is a misdemeanor to occupy this building, or to remove or deface this notice.
2509 Building Official
2510 ……of……
2511 Salt Lake City
2512 B.Compliance With Notice To Vacate: No person shall remain or enter any building
2513 which has been so posted, except that entry may be made to repair or board. No person shall
2514 remove or deface any such notice after it is posted.
2515
2516 18.48.070: RESERVEDEXTENSION OF TIME TO PERFORM WORK:
2517 Upon a timely written request by the owner setting forth the requested reasons for an extension
2518 of time, the building official or designee may grant an extension of time, not to exceed one
2519 hundred twenty (120) days from the deadline set forth in the original notice and order, within
2520 which to complete said repair, vacation, or boarding, if the building official determines that such
2521 an extension of time will not create or perpetuate a situation imminently dangerous to life or
2522 property. The building official's authority to extend time is limited to the physical repair,
2523 vacation, or boarding of the premises and will not in any way affect the time to appeal the notice
2524 and order.
2525
2526 18.48.080: APPEALS:
2527 A. Hearing Appeals: Appeals of a notice and order issued pursuant to this chapter
2528 shall be taken in accordance with Chapter 18.12Timely written appeals of notice and orders or
2529 any action of the building official, except for an objection from an itemized statement of costs,
2530 shall be heard and decided by the Housing Advisory and Appeals Board.
70
LEGISLATIVE DRAFT
2531 B. Form Of Notice: Any person entitled to service under Section 18.48.050 may
2532 appeal from any notice and order or any action of the building official under this code by filing at
2533 the office of the building official a written appeal containing:
2534 1. A heading containing the words: "Before the housing advisory and appeals
2535 board ______";
2536 2. A caption reading: "Appeal of _______," giving the names of all
2537 appellants participating in the appeal;
2538 3. A brief statement setting forth the legal interest of each of the appellants in
2539 the building or the land involved in the notice and order;
2540 4. A brief statement in ordinary and concise language of the specific order or
2541 action protested, together with any material facts claimed to support the contentions of
2542 the appellant;
2543 5. A brief statement in ordinary and concise language of the relief sought and
2544 the reasons why it is claimed the protested order or action should be reversed, modified
2545 or otherwise set aside;
2546 6. The signatures of all parties named as appellants and their official mailing
2547 addresses; and
2548 7. The verification (by declaration under penalty of perjury) of at least one
2549 appellant as to the truth of the matters stated in the appeal.
2550 C. Time To File An Appeal: The appeal must be filed within thirty (30) days from
2551 the date of the issuance of the notice and order described herein, except as provided in
2552 Subsection D.
2553 D. Time To File An Appeal For An Imminently Dangerous Building: If the building
2554 or structure is in such condition as to make it immediately dangerous to the life, limb, property or
2555 safety of the public or adjacent property and is ordered vacated and is posted in accordance with
2556 Section 18.48.060, such appeal shall be filed as soon as reasonably practical from the date of the
2557 issuance of the notice and order of the building official.
2558 E. Transmittal Of Appeal: Upon receipt of any appeal filed pursuant to this section,
2559 the building official shall transmit the appeal to the members of the Housing Advisory and
2560 Appeals Board for scheduling of a meeting within thirty (30) days of receipt of a timely appeal.
2561 F. Scheduling Hearing: As soon as practicable after receiving the written appeal, the
2562 Housing Advisory and Appeals board shall fix a date, time and place for the hearing of the
2563 appeal by the board. Such date shall not be less than ten (10) days nor more than thirty (30) days
2564 from the date the appeal was filed with the building official, unless extraordinary circumstances
2565 are present. Written notice of the time and place of the hearing shall be given at least ten (10)
2566 days prior to the date of the hearing to each appellant by the secretary of the board either by
2567 causing a copy of such notice to be delivered to the appellant personally or by mailing a copy
2568 thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
71
LEGISLATIVE DRAFT
2569 G. Failure To Timely Appeal: Failure of any person to file a timely appeal in
2570 accordance with the provisions of this code shall constitute a waiver of the right to an
2571 administrative hearing and adjudication of the notice and order or any portion thereof.
2572 H. Issues Considered On Appeal: Only those matters or issues specifically raised by
2573 the appellant shall be considered in the hearing of the appeal.
2574 I. Stays Pending Appeal: Except for vacation or boarding orders made pursuant to
2575 Section 18.48.050, enforcement of any notice and order of the building official issued under this
2576 Dangerous Building Code shall be stayed during the pendency of an appeal therefrom which is
2577 properly and timely filed.
2578 J. Authority To Hear And Evaluate Appeal: The Housing Advisory and Appeals
2579 Board shall have the authority to hear and evaluate evidence related to the building official's
2580 decision and determine whether the decision was arbitrary and capricious or illegal. The Housing
2581 Advisory and Appeals Board has no authority relative to interpretation of the administrative
2582 provisions of this code nor is the board empowered to waive requirements of this code. After the
2583 Housing Advisory and Appeals Board makes a final determination, they shall issue a written
2584 determination.
2585 K. Appeal To Utah District Court: After issuance of a final written determination by
2586 the Housing Advisory and Appeals Board, the decision may be appealed to the Utah District
2587 Court, Third Judicial District within thirty (30) days from the issuance of the decision.
2588
2589 18.48.090: CITY'S ABATEMENT OF PROPERTY:
2590 If the property owner does not comply with the notice and order issued pursuant to this chapter
2591 within the time specified in the notice and order and no appeal has been properly and timely
2592 filed, the building official or designees may cause the building to be repaired, vacated, or
2593 temporarily boarded to the extent necessary to correct the conditions which render the building
2594 dangerous as set forth in the notice and order. Any such repair, vacation, or boarding shall be
2595 completed and the cost thereof paid and recovered as set forth in this chaptercode.
2596
2597 18.48.100: RECOVERY OF COSTS:
2598 A. Permitted Recovery Oof Costs: If the building official or designee causes the
2599 repair, vacation, or boarding of a building pursuant to a notice issued under this chapterSection
2600 18.48.050, and after the property owner received at least 10 days’ notice in which to complete
2601 the repair, vacation or boarding and failed to do so, the division may collect the cost of that
2602 abatement, by filing a property tax lien, as set forth in this section.
2603 B. Itemized Statement Oof Costs: Upon completion of the repair, vacation, or
2604 boarding work, the building official or designee shall prepare an itemized statement of costs and
2605 mail it to the property owner by certified mail or reputable mail tracking service that is capable
2606 of confirming delivery, demanding payment within thirty (30) days of the date the statement is
2607 post marked. The administrative fee shown on the Salt Lake City consolidated fee schedule to
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LEGISLATIVE DRAFT
2608 cover the city's administrative expenses in contracting for the repair, boarding, or other
2609 abatement costs shall be included in the statement of costs.
2610 C. Form Oof Itemized Statement Oof Costs: The itemized statement of costs shall
2611 include:
2612 1. Include:
2613 a. The address of the property at issue;
2614 2.b. An itemized list of all expenses incurred by the division, including
2615 administrative costs;
2616 3.c. A demand for payment; and
2617 4.d. The address where payment is to be made;
2618 5.2. NotifyNotification t the property owner:
2619 a. That failure to timely pay the expenses described in the itemized statement
2620 may result in a lien on the property in accordance with this chapter and Utah Code
2621 Section 10-11-4 or its successor;
2622 6.b. Notification tThat the property owner may file a written objection to all or
2623 part of the statement within twenty (20) days of the date the statement is postmarked; and
2624 7.c. Where the property owner may file the objection, including the name of
2625 the office and the mailing address.
2626 D. Delivery Oof Statement Oof Costs: The itemized statement of costs described in
2627 Subsection C shall be deemed delivered when mailed by certified mail or reputable mail tracking
2628 service that is capable of confirming delivery addressed to the last known address of the property
2629 owner, according to the records of the county recorder.
2630 E. Objection Tto Statement Oof Costs: A property owner may appeal the statement
2631 of costs to the fines hearing officer, only as to the issue of whether the costs were actually
2632 incurred, pursuant to Section 18.12.050.If the property owner files a timely written objection, the
2633 division will schedule a hearing and will mail or deliver to the property owner prior to the
2634 hearing a notice stating the date, time, and location of the hearing. A fines hearing officer,
2635 appointed pursuant to Section 21A.06.090, shall preside at the hearing and consider the property
2636 owner's objection as set forth in Subsection F.
2637 F. Objection Hearing: At the hearing described in Subsection E, after the property
2638 owner presents the objection to the hearing officer, the fines hearing officer shall review and
2639 determine the cost of abatement incurred by the division in abating the property, including
2640 administrative costs. The property owner must pay any amount the fines hearing officer
2641 determines is due and owing to the Salt Lake City Treasurer at the address provided in the
2642 statement of costs within thirty (30) days of the date of the hearing.
2643 F.G. Failure Tto Object Oor Pay: If the property owner fails to make payment of the
2644 amount set forth in the itemized statement within thirty (30) days of the date of the mailing of
73
LEGISLATIVE DRAFT
2645 that statement, or to file a timely objection, then the division may certify the past due costs and
2646 expenses to the Salt Lake County Treasurer.
2647 G.H. Failure Tto Pay Aafter Objection Hearing: If the property owner files a timely
2648 objection but fails to make payment of any amount ordered by the fines hearing officerfound due
2649 and owing under Subsection F within thirty (30) days of the date of the hearing, the inspector
2650 may certify the past due costs and expense to the Salt Lake County Treasurer.
2651 H.I. Lien Oon Property: After entry by the Salt Lake County Treasurertreasurer of the
2652 county, as set forth in Subsections FG and GH, the amount entered shall have the force and
2653 effect of a valid judgment of the district court, is a lien on the property, and shall be collected by
2654 the Salt Lake County Ttreasurer of the county in which the property is located at the time of the
2655 payment of general taxes.
2656 I.J. Release Oof Lien: Upon payment of the amount set forth in the itemized
2657 statement of costs or otherwise determined due and owing by the fines hearing officer in
2658 Subsections E and F, the judgment is satisfied, the lien is released from the property, and receipt
2659 shall be acknowledged upon the general tax receipt issued by the treasurer.
2660
2661 18.48.110: APPLICABILITY OF BUILDING CODE:
2662 All buildings or structures which are required to be repaired under the provisions of this
2663 chaptercode shall be subject to the provisions of the applicable construction codes adopted
2664 pursuant to Section 18.04.040International Building Code, or its successor section.
2665
2666 18.48.120: PUBLIC NUISANCES:
2667 A. Declaration Aand Abatement Oof Public Nuisances: All buildings or structures or
2668 portions thereof which are determined after inspection by the building official to be dangerous as
2669 defined in this code are hereby declared to be public nuisances and shall be abated by repair,
2670 vacation, or boarding in accordance with the procedures specified herein.
2671 B. Boarded or Vacant Building Aas Public Nuisance: Any structure that is vacant or
2672 which has been boarded for over two (2) years may be declared to be a public nuisance upon a
2673 determination that the structure isas detrimental to the safety orand public welfare of the
2674 residents and property values of this city.
2675
2676 ARTICLE II. BOARDING OR TEMPORARILY SECURING BUILDINGS
2677
2678 18.48.200: SCOPE AND APPLICABILITY:
2679 The provisions of this article apply to any person or entity who is ordered to board a building
2680 under Article I and any person or entity who voluntarily boards a building.
74
LEGISLATIVE DRAFT
2681
2682 18.48.205: BOARDING PERMITREGISTRATION:
2683 A. PermitRegistration Required: A permit Registration is required to board a
2684 building. In the case where the city causes the boarding work to be done pursuant to Section
2685 18.48.245, the city will register the property on which the building is located and will bill the
2686 record owner the yearly registration fee pursuant to Section 18.48.215is not required to obtain a
2687 boarding permit. In the case where the building official causes temporary boarding work to be
2688 done pursuant to Section 18.48.090 and the building is boarded for more than 45 days, the
2689 provisions of this Article II shall apply.
2690 B. Form Of PermitRegistration Process: Registration of a property on which a
2691 boarded structure shall be located must be donePermits for boarding a building must be applied
2692 for on a form provided by the building official or designee. The form shall specify the following:
2693 1. The address of the structure to be boarded or temporarily secured;
2694 2. The type of building;
2695 3. For residential structures, the number of dwelling units;
2696 4. For nonresidential buildings, the number of square feet of all building
2697 faces at ground level;
2698 5. The name, address, and telephone number of a person authorized to act as
2699 an agent for the owner for performing the owner's obligations under this article, who lives
2700 within forty (40) miles of Salt Lake City; and
2701 6. Whether the property has the required external water source for
2702 landscaping, if landscaping is required.
2703
2704 18.48.210: INITIAL FEESNOTICE OF REGISTRATION:
2705 For the first year of any boarding, at the time of filing the application, the applicant shall pay the
2706 fees shown on the Salt Lake City consolidated fee schedule for each structure. Upon registration
2707 the city may record with the Salt Lake County Recorder’s Office a notice of registration. The
2708 recordation of a notice of registration shall not be deemed an encumbrance on the property but
2709 shall merely place interested parties on notice that the cost of City abatement activities conducted
2710 pursuant to Section 18.48.245 may be outstanding and recoverable as a lien on the property in
2711 accordance with Section 18.48.100. Once the building official determines that the property is no
2712 longer subject to registration then a notice of deregistration shall be recorded. Recordation of the
2713 notice of deregistration shall have the effect of canceling the recorded notice of registration.
2714
2715 18.48.215: YEARLY REGISTRATION FEES:
2716 A. Annual Fee: Upon registration and onOn or before each yearly anniversary of the
2717 date the property was registered pursuant to this articleissuance of a boarding permit, a property
75
LEGISLATIVE DRAFT
2718 owner desiring to maintain a boarded building shall pay the annual boarding registration fee
2719 shown on the Salt Lake City consolidated fee schedule. Properties that are defined as a
2720 “contributing structure” or “landmark site” pursuant to Section 21A.34.020 shall be subject to a
2721 higher registration fee.
2722 B. Late Penalty and InterestFee: If annual registration fees are not timely paid, an
2723 accounts receivable fee and interest shall accrue pursuant to Section 3.16.040.A late fee of
2724 twenty five dollars ($25.00) shall be assessed by the city for each thirty (30) days, or any portion
2725 thereof, in which the annual fees have not been paid up to amounts allowed by state law.
2726 C. Failure Tto RegisterObtain Permit: Boarding a building before
2727 registeringobtaining a permit pursuant to this article shall result in a fine of up to twenty five
2728 percent (25%) of the boarding registrationapplication fee specified in the Salt Lake City
2729 consolidated fee schedule.
2730 D. Collection Oof Fees: If the property owner fails to pay either the initial boarding
2731 fees or the annual boarding registration fees, the city may take legal action to collect any
2732 amounts owed.
2733
2734 18.48.220: POSTING OF BOARDED OR CLOSED TO OCCUPANCY BUILDINGS:
2735 Whenever a building is boarded or closed to occupancy, the city shall be authorized to install a
2736 sign to be mounted on the exterior of the building. The sign shall state that the building is closed
2737 to occupancy and that it is unlawful for any unauthorized person to enter the building. The sign
2738 shall also provide phone numbers to call if people are seen on the property or if doors or
2739 windows are unsecured.
2740
2741 18.48.225: METHOD OF SECURING BUILDINGS:
2742 All buildings shall be boarded in the following manner:
2743 A. Securing Opening: All openings in the structure on the first floor, other openings
2744 easily accessible from the ground, and openings with broken glass, shall be secured either by
2745 erecting a single one-half 1/2 inch (1/2") thick layer of plywood sheathing or similar material,
2746 not to include chipboard/OSB, covering over all exterior openings, overlapping the opening on
2747 every edge by three3 inches (3"), affixed along the edges by nails or screws spaced every six6
2748 inches (6").
2749 B. Alternatives to Securing Openings: Alternately, the openings may be secured by
2750 conventional wood frame construction. The frames shall use wood studs of a size not less than
2751 two2 inches by four4 inches (2" x 4") (nominal dimension) placed not more than 24twenty four
2752 inches (24") apart on center. The frame stud shall have the four4 inch (4") sides or the wide
2753 dimension perpendicular to the face of the wall. Each side of the frame shall be covered with
2754 plywood sheathing or similar material of at least one-half1/2 inch (1/2") thickness or equivalent
2755 lumber nailed over the opening by using nails or screws spaced every six6 inches (6") on the
2756 outside edges and every twelve12 inches (12") along intermediate stud supports; and
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LEGISLATIVE DRAFT
2757 C. Exterior Doors: Exterior doors shall be secured by a strong non-glass door
2758 adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening
2759 described in Subsection A or B of this section or successor sections.
2760
2761 18.48.230: LANDSCAPE MAINTENANCE:
2762 Existing landscaping and lawn on the property shall be maintained in the manner otherwise
2763 required by Chapters 9.16 and 21A.48.
2764
2765 18.48.235: EXTERIOR MAINTENANCE:
2766 A. Exterior Oof Building: The exterior of a boarded building shall be maintained as
2767 required by relevant requirements set forth in Section 18.50.140 of this title. In particular,
2768 exterior walls and surfaces shall be properly maintained and severely weathered, peeling, or
2769 unpainted wood and damaged siding and roofing shall be replaced or repaired with similar
2770 materials and colors.
2771 B. Salvage Permit Required: Doors, windows, special glass, fixtures, fittings, pipes,
2772 railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials within the
2773 interior of a boarded building shall not be salvaged except upon the issuance of a permit as
2774 provided in Section 18.64.070 of this title.
2775 C. Enforcement of Exterior Maintenance Requirements: If the owner of a boarded
2776 building fails to maintain the building and its premises as required by this section and Section
2777 18.64.045 of this title, the city may take appropriate legal action to enforce such requirements.
2778
2779 18.48.240: SNOW AND ICE REMOVAL:
2780 Snow and ice must be removed from public sidewalk areas surrounding the boarded property in
2781 the manner indicated in Section 14.20.070 of this code.
2782
2783 18.48.245: CITY MAINTENANCE OF PROPERTY:
2784 A. Notice: If the building official or the building official's designee determines that a
2785 boarded building and/or property is not being maintained, the building official or the building
2786 official's designee shall issue a notice and order pursuant to Section 18.24.040send a notice to the
2787 property owner and/or the property owner's agent requiring compliance with the building
2788 maintenance standards as required in city code.
2789 B. Failure to Comply with Notice: If the building official or designee determines that
2790 the property owner has failed to comply with the notice and order, the city may cause the work to
2791 be done by a contractor hired by the city and the city may recover its abatement costs in
2792 accordance with the process set forth in Section 18.48.100.
77
LEGISLATIVE DRAFT
2793 C. City's Recovery Of Costs: The city shall bill the property owner:
2794 1. The administrative fee shown on the Salt Lake City consolidated fee
2795 schedule to cover the city's administrative expenses in contracting for the building
2796 maintenance; and
2797 2. The actual cost of building maintenance billed to the city by the city's
2798 contractor.
2799
2800 18.48.250: CITY MAINTENANCE OF LANDSCAPING:
2801 If the building official or the building official's designee determines that the landscaping on the
2802 property surrounding a boarded building is not being maintained as required by city code, the
2803 building official or the building official's designee shall follow the notice of violation and
2804 corrective measures procedures as detailed in Sections 9.16.050 and 9.16.060.
2805
2806 18.48.255: VIOLATIONS:
2807 A. It is unlawful for the building owner to fail to maintain the boarded building or
2808 ensure the building remains vacated after the property has been abated by either the city or the
2809 building owner. Each day a violation occurs shall be a separate offense.
2810 B. Violations of the provisions of this chapter are punishable in accordance with
2811 Chapter 18.24by imposing a civil penalty as provided in Section 21A.20.010 et seq., of this code.
2812
2813 18.48.260: BUILDING INSPECTIONS REQUIRED:
2814 Whenever a property owner, manager, or tenant intends to clean, repair, renovate, reopen or
2815 reoccupy a building that has been boarded, the building is to be inspected by the building official
2816 or designee and a permit must be issued by building services or its successor prior to the building
2817 owner, manager, or tenant initiating any of the above actions. Any person conducting any work
2818 on a building that has been boarded or closed to occupancy must have a valid building permit at
2819 all times.
2820
2821 SECTION 11. Amending the text of Salt Lake City Code Chapter 18.50. That Chapter
2822 18.50 of the Salt Lake City Code (Technical Building Specifications: Existing Residential
2823 Housing) is hereby amended as follows:
78
LEGISLATIVE DRAFT
2824 CHAPTER 18.50
2825 EXISTING RESIDENTIAL HOUSING
2826
2827 18.50.010: TITLE:
2828 This chapter shall be known as the SALT LAKE CITY EXISTING RESIDENTIAL HOUSING
2829 ORDINANCE and is referred to herein as "this chapter".
2830
2831 18.50.020: PURPOSE AND SCOPE:
2832 A. Purpose: The purpose of this chapter is to provide for the health, safety, comfort,
2833 convenience and aesthetics of Salt Lake City and its present and future inhabitants and
2834 businesses, to protect the tax base, and to protect property values within the city, as provided by
2835 sSection 10-9a-102, of the Utah Code Annotated, or its successor section, and other applicable
2836 state statutes. This purpose shall be accomplished by regulating the maintenance, repair and
2837 remodeling of residential buildings specified in this chapter existing as of the date of enactment
2838 hereof by:
2839 1. Establishing minimum housing standards for all buildings or portions
2840 thereof used, or designed or intended to be used, for human habitation;
2841 2. Establishing minimum standards for safety from fire and other hazards;
2842 3. Promoting maintenance and improvement of structures by applying
2843 standards of this chapter to renovations. This chapter allows distinctions in the
2844 application of standards based on the year a structure was built, as long as a reasonable
2845 level of safety is achieved;
2846 4. Avoiding the closure or abandonment of housing and the displacement of
2847 occupants where such can be done without sacrificing the public health, safety and
2848 welfare;
2849 5. Providing for the administration, enforcement and penalties for this
2850 chapter.
2851 B. Scope:
2852 1. Application Tto Existing Buildings: This chapter encompasses fire safety
2853 and structural integrity of existing residential buildings. Within the structures, the scope
2854 includes equipment and facilities for light, ventilation, heating, sanitation, protection
2855 from the elements, space requirements, and for safe and sanitary maintenance.
2856 2. Owner Occupied Versus Rental Properties: Except as specified in
2857 subsection B3 of this section, the standards of this chapter apply to the interior and
2858 exterior of all buildings, dwelling units and premises which are occupied on a rental
2859 basis. For buildings or dwelling units which are occupied solely by the owner and the
2860 owner's family, all the requirements defined as imminent danger or hazardous condition
79
LEGISLATIVE DRAFT
2861 situations, and those affecting the exterior of the building and premises shall apply. Other
2862 interior standards do not apply to owner occupied dwelling units.
2863 3. Condominiums: Repealed.
2864 2.4. Application Tto Remodeling Oof Existing Residential Buildings: This
2865 chapter shall apply to remodeling or renovation of all residential buildings existing as of
2866 the date of enactment hereof as follows:
2867 a. This chapter applies regardless of tenancy, regardless of the
2868 valuation of the renovations, and regardless of the date of such remodeling or
2869 renovation, unless otherwise noted in this chapter.
2870 b. Those buildings or portions thereof which conform with all
2871 applicable laws in effect at the time of their construction or whose fire resistive
2872 integrity and fire extinguishing systems have been adequately maintained and
2873 improved to accommodate any increase in occupant load, alteration or addition, or
2874 any change in occupancy may continue in accordance with the standards in effect
2875 at that time. This chapter shall not lessen such requirements for residential
2876 buildings which were constructed in compliance with the code in effect at the
2877 time of construction.
2878 bc. The requirements of this chapter are minimums. During a
2879 renovation or remodeling project, whenever conditions exist which allow such
2880 work to comply with the codes adopted in Section 18.04.040, such codesstandard
2881 of the UBC, UPC or UMC these codes shall apply.
2882 cd. When a construction standard is omitted from this chapter, the
2883 applicable standard shall be the state construction codes adopted andUBC, UMC
2884 or UPC in effect at the time the building was constructed or at the time the
2885 relevant electrical, mechanical, or plumbing element was installed, whichever is
2886 later.
2887 de. When the purpose of the renovation is to create new dwelling
2888 units, the codes adopted in Section 18.04.040UBC rather than this chapter shall
2889 apply.
2890 3.5. Application Tto New Construction: From the date of adoption hereof,
2891 newly constructed buildings must comply with the codes adopted pursuant to Section
2892 18.04.040currently adopted UBC. All additions to an existing building envelope shall
2893 comply with the codes adopted pursuant to Section 18.04.040most recently adopted
2894 edition of the UBC.
2895 6. Dangerous Buildings: Residential buildings subject to section 302 of the
2896 UCADB shall be governed by the UCADB and not by this chapter. If any conflict exists
2897 between this chapter and the UCADB, the UCADB shall control.
2898 4.7. Change Oof Use: Any building undergoing a change which intensifies the
2899 use, as defined in the UBC and the uniform code for building conservation, shall comply
2900 with the provisions of the codes adopted pursuant to Section 18.04.040UBC.
80
LEGISLATIVE DRAFT
2901 5.8. Permits Required: Except as provided in this subsection, no building or
2902 structure regulated by this chapter shall be erected, constructed, enlarged, altered, moved,
2903 removed, converted, or demolished unless a separate permit for each building or structure
2904 has first been obtained from the building official. Except where required by state law,
2905 permits are not required for those items identified in Section 105.2 of the International
2906 Building Code and International Residential Code, or as otherwise directed by the
2907 building official.the following:
2908 a. Floor covering installation;
2909 b. Interior and exterior painting;
2910 c. Attaching interior finish wall coverings and similar interior finish work;
2911 d. Replacement of glazing except where safety glazing is required by the
2912 UBC;
2913 e. Patching wall surfaces;
2914 f. Installation of countertops and cabinets;
2915 g. Replacement of interior and exterior light fixtures;
2916 h. Replacement of electrical wall outlets and switches;
2917 i. Replacement of kitchen or bathroom sinks, toilets or bidets where the trap
2918 and trap arm are not replaced or extended;
2919 j. Replacement of faucets, washers and traps (when the trap is replaced with
2920 like installation and the trap arm and the existing vents and drain lines are not disturbed);
2921 k. Repair of irrigation pipelines where the backflow preventers exist or are
2922 not being replaced;
2923 l. Replacement of filters, belts and motors in mechanical systems;
2924 m. Installation of battery operated smoke detectors or one 120-volt smoke
2925 detector;
2926 n. Replacement of sidewalks on private property;
2927 o. Replacement of ventilation fans;
2928 p. Seasonal weatherization, as long as it does not prevent emergency egress.
2929 C. Violations: It is unlawful for any person to:
2930 1. Erect, construct, enlarge, alter, repair, move, improve, remove, convert, or
2931 demolish, equip, use, occupy or maintain any building or structure or cause or permit the
2932 same to be done in violation of this chapter;
2933 2. Fail to obey a notice and order issued pursuant to this chapter;
81
LEGISLATIVE DRAFT
2934 3. Occupy, or rent for occupancy, a building that has been closed to
2935 occupancy; or
2936 4. Fail to obey an interpretation, decision or requirement of the board of
2937 appeals and examinershousing advisory and appeals board within thirty (30) days, unless
2938 otherwise noted.
2939
2940 18.50.030: DEFINITIONS:
2941 A. Construction Oof Terms: For the purpose of this chapter, certain terms, phrases,
2942 words, and their derivations shall be construed as specified in this section. Words used in the
2943 singular include the plural, and words used in the plural include the singular.
2944 B. Whole Includes Part: Whenever the words "apartment house", "building",
2945 "dormitory", "dwelling unit", "habitable room", "hotel", "housing unit" or "structure" are used in
2946 this chapter such words shall be construed as if followed by the words "or any portion thereof",
2947 except for owner occupied areas as specified in subsection 18.50.020B2 of this chapter.
2948 C. Referenced Documents: References to codes, ordinances, chapters, sections, or
2949 subsections shall include any successor to such code, ordinance, chapter, section, or subsection
2950 that has been adopted by the city.
2951 D. Defined Terms:
2952 ADDITION: An increase in floor area or height of a building or structure outside of the existing
2953 building envelope.
2954 ADMINISTRATIVE HEARING OFFICER: A member of the building services and licensing
2955 staff who has been authorized by HAAB to conduct administrative hearings to establish a repair
2956 agreement between the property owner and the building official to resolve the property's
2957 deficiencies as defined by this code.
2958 AGENT: Any person, firm, partnership, association, joint venture, corporation, or other entity
2959 who acts for or on behalf of others.
2960 APARTMENT HOUSE: Any building which contains three (3) or more dwelling units otherwise
2961 subject to this code.
2962 APPROVED: As to a given material, mode of construction or repair, piece of equipment or
2963 device means approved by the building official as the result of investigation and/or tests
2964 conducted by the building official, or by reason of accepted principles or tests by recognized
2965 authorities or technical or scientific organizations.
2966 ATTIC: That portion of a building included between the upper surface of the topmost floor and
2967 the ceiling or roof above.
2968 BASEMENT: A floor level, any part of which is more than four4 feet (4') below grade for more
2969 than fifty percent (50%) of the total perimeter or more than eight8 feet (8') below grade at any
2970 point as floor and grade are defined in the UBC.
82
LEGISLATIVE DRAFT
2971 BATHROOM: A room containing at least one of each of the following fixtures: sink, toilet, and
2972 tub or shower. It may also include a bidet.
2973 BEDROOM: Any space designed or used for sleeping.
2974 BOARDING HOUSE (or ROOMING HOUSE): A building other than a hotel or motel, with
2975 three (3) or more bedrooms where direct or indirect compensation for lodging and/or kitchen
2976 facilities, not located in guestrooms, or meals are provided for boarders and/or roomers not
2977 related to the head of the household by marriage, adoption or blood. Rentals must be on at least a
2978 monthly basis.The same as defined in Title 21A.
2979 BUILDING: Any structure which is used, designed or intended to be used for human habitation.
2980 BUILDING CLOSURE, CLOSED TO ENTRY, OR CLOSED TO UNAUTHORIZED ENTRY:
2981 A building which has been closed to occupancy.
2982 BUILDING ENVELOPE: The space defined by existing floors, exterior walls, roof, basement
2983 and attic, but not including attached garages.
2984 BUILDING INSPECTOR: A person designated by the building official to make inspections of
2985 buildings and properties covered by this chapter.
2986 BUILDING OFFICIAL: The officer or other designated authority charged with the
2987 administration and enforcement of this chapter, or the officer's designee.
2988 BUILDING SERVICES AND LICENSING: The office of the city charged with the
2989 administration of the city's building and housing ordinances.
2990 CEILING HEIGHT: The vertical distance from the finished floor to finished ceiling or to the
2991 lowest point of the ceiling framing members. Where projectionsobstructions other than lighting
2992 fixtures exist below the ceiling, the height shall be measured from the projectionobstruction to
2993 the finished floor.
2994 CERTIFICATE OF OCCUPANCY: A certificate issued by the building official authorizing
2995 occupancy of a building.
2996 CITATION DEADLINE: The date identified in the second notice of violation, including any
2997 authorized extension of time.
2998 COMMON ROOM: A room available in congregate housing for the shared use of occupants of
2999 two (2) or more housing units. This does not include common corridors and exit passages, but
3000 does include kitchens and game rooms.
3001 CONDOMINIUM: Property or portions thereof conforming to the definition set forth in section
3002 57-8-3, of the Utah Code Annotated, 1953, as amended, or its successor.
3003 CONGREGATE HOUSING: Any building which contains facilities for living, sleeping and
3004 sanitation, as required by this chapter, and may include facilities for eating and cooking, for
3005 occupancy by other than a family. Congregate housing includes SROs, convents, monasteries,
3006 dormitories, boarding and rooming houses, hostels, fraternity and sorority houses, but does not
3007 include shelters, jails, hospitals, nursing homes, hotels or lodging houses.
83
LEGISLATIVE DRAFT
3008 COOKING FACILITY: At a minimum, a range with stove top and oven, or alternatively, a
3009 nonportable cooktop and oven, and a sink.
3010 CORRIDOR: A hallway that serves more than one dwelling unit.
3011 COURT: A space, open and unobstructed to the sky, located at or above grade level and bounded
3012 on three (3) or more sides by walls of a building.
3013 CROSS CONNECTION: Any connection or arrangement, physical or otherwise, between a
3014 potable water supply system and any plumbing fixture or any tank, receptacle, equipment or
3015 device, through which unclean or polluted water or other substances may contaminate such
3016 potable water supply system.
3017 DWELLING UNIT: Any building or a portion thereof which contains living facilities, including
3018 provisions for sleeping, eating, cooking, and sanitation, as required by this chapter.
3019 EFFICIENCY DWELLING UNIT: A dwelling unit containing only one habitable room with a
3020 bath and/or kitchen in the unit.
3021 EXISTING: In existence prior to adoption hereof.
3022 EXITWAY: A continuous and unobstructed means of egress to a public way and includes any
3023 intervening aisles, doorways, gates, corridors, exterior exit balconies, ramps, stairways,
3024 smokeproof enclosures, horizontal exits, exit passageways, and exit access rampscourts and
3025 yards as these terms are defined in the International Building CodeUBC.
3026 FAMILY: The same as defined in tTitle 21A of this code.
3027 FIRE RESISTANCE OR FIRE RESISTIVE CONSTRUCTION: Construction that resists the
3028 spread of fire, as specified in the UBC.
3029 FIRST NOTICE: The initial notice informing the person cited that a housing violation exists.
3030 FLOOR AREA COMPUTATION: The floor area of a habitable room excluding closets,
3031 cabinets, bathrooms, and kitchens when such kitchens are separated from the habitable room by
3032 walls or other partitions.
3033 GARAGE: A building or portion thereof designed, used, or intended to be used for parking or
3034 storage of a motor vehicle containing flammable or combustible liquids or gas in its tank.
3035 GLAZING: Light transmitting glass or plastic installed in windows, doors and skylights,
3036 including safety glass, but not including glass block.
3037 HAAB: The city's housing advisory and appeals board created pursuant to title 2, chapter 2.21 of
3038 this code.
3039 HABITABLE ROOM: A room in a building for living, sleeping, eating or cooking. Bathrooms,
3040 toilet rooms, closets, halls, storage or utility space, and similar areas are not habitable rooms.
3041 HALL: A space used for circulating between the rooms of a building within an individual
3042 dwelling unit.
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LEGISLATIVE DRAFT
3043 HAZARDOUS CONDITION: A condition in a residential building or dwelling unit where
3044 failure of a structural, electrical, mechanical or plumbing component system or systems is likely
3045 to occur reasonably soonwithin the next ninety six (96) hours but which has not yet occurred or
3046 which is not serious enough to be considered an "imminent danger". "Hazardous conditions"
3047 consist of any of the following:
3048 1. All of the conditions listed under the definition of "imminent danger" if
3049 those conditions can be repaired with safelyty while all or the affected part of the
3050 building or unit remains occupied; or
3051 2. "Imminent danger" conditions which have been partially secured pursuant
3052 to Section 18.24.030.Esubsection 18.50.060B2b of this chapter;
3053 3. Improper, missing, misused or malfunctioning electrical service or
3054 disconnect devices;
3055 4. Cracked, displaced or missing foundations resulting in settlement and
3056 structural damage;
3057 5. Defective or deteriorated flooring or floor supports;
3058 6. Flooring or floor supports of insufficient size to carry imposed loads with
3059 safety;
3060 7. Members of walls, partitions or other vertical supports that crack, split,
3061 lean, list or buckle due to defective material or deterioration where failure is likely to
3062 occur reasonably soonwithin the next ninety six (96) hours but is not likely to occur
3063 immediately;
3064 8. Members of walls, partitions or other vertical supports that are of
3065 insufficient size to carry imposed loads with safety;
3066 9. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
3067 or vertical members which sag, split or buckle due to defective material or deterioration;
3068 10. Inoperable toilet, bathroom sink, or bathtub or shower in a dwelling unit or
3069 congregate housing unit;
3070 11. Lack of or inoperable kitchen sink in a dwelling unit or congregate
3071 housing unit;
3072 12. Fireplaces or chimneys which are of insufficient size or strength to carry
3073 imposed loads with safety such that failure is likely to occur reasonably soonwithin the
3074 next ninety six (96) hours but is not likely to occur immediately;
3075 13. Except as defined under "imminent danger" below, conditions that reduce
3076 the width, height or area of a required emergency exitway or required escape window;
3077 14. All buildings or portions thereof which are not provided with the operable
3078 fire extinguishing systems or equipment required by city codes;
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LEGISLATIVE DRAFT
3079 15. Buildings or portions thereof occupied for living, sleeping, cooking or
3080 dining purposes which were not designed or intended to be used for such occupancies;
3081 16. Lack of a kitchen area equipped with a working stove, oven, sink and
3082 refrigerator unless specified otherwise by this code.
3083 HISTORIC BUILDING: Any building or structure which has been designated for preservation
3084 by Salt Lake City pursuant to tTitle 21A of this code or its successor, or has been listed on the
3085 National Register of Historic Places or on the Utah State Register of Historic Places, or is a
3086 contributory structure located in an historic district designated pursuant to tTitle 21A of this
3087 code.
3088 HOTEL: Any building containing guestrooms intended or designed to be used, rented, or hired
3089 out to be occupied, or which are occupied for sleeping purposes by guests on a daily basis.
3090 HOTEL/MOTEL ROOM: A room or combination of rooms (suite) offered as a single unit for
3091 lodging on a daily or weekly basis.
3092 IMMINENT DANGER: A condition in a building or dwelling unit subject to this chapter where
3093 structural, electrical, mechanical or plumbing systems have failed so that they may cause
3094 immediate death or serious injury to the building's occupants or the public. Conditions of
3095 "imminent danger" are those that are so severe and dangerous that either repairs cannot be
3096 completed immediately or it is appropriate to have the residents or other occupants leave the
3097 building or unit before the repairs have begun. "Imminent danger" consists of any of the
3098 following and other similarly serious conditions:
3099 1. Failed or missing foundations, beams, columns, floor systems;
3100 2. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
3101 members which sag, split or buckle and failure is likely to occur at any moment;
3102 3. Broken water lines causing flooding which is undermining structural
3103 supports or otherwise endangering the building's integrity;
3104 4. Leaking gas;
3105 5. Missing flues or vent connectors resulting in exhaust gases entering the
3106 building;
3107 6. Lack of adequate heating facilities during the months of October through
3108 April;
3109 7. Overload of main and branch electrical distribution systems;
3110 8. Exposed electrical wires, fuses and electrical current breakers capable of
3111 producing electrical shock or fire and readily accessible to the occupants or the public;
3112 9. Stairs and stair components that cannot carry the loads intended and which
3113 may collapse if so loaded;
3114 10. Contaminated water systems;
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LEGISLATIVE DRAFT
3115 11. A complete absence of toilet facilities;
3116 12. A complete lack of water supply or sewage disposal facilities, as a result
3117 of a failure of a building's or dwelling unit's system and not a city system failure;
3118 13. Blocked emergency egress halls, corridors and/or doors, including
3119 accumulation or storage of materials in stairways, corridors, doors or windows, or other
3120 condition which blocks the means of egress.
3121 INFESTATION: The presence of insects, rodents or other pests in or around a building in
3122 numbers that are or may be detrimental to the health, safety or general welfare of the occupants.
3123 KITCHEN: A space or room used, designed or intended to be used for the preparation of food,
3124 which includes permanently installed cooking facilities.
3125 LISTED AND LISTING: Terms referring to equipment and materials which are shown in a list
3126 published by an approved testing agency qualified and equipped for experimental testing and
3127 maintaining an adequate periodic inspection of current productions. The listing states that the
3128 material or equipment complies with accepted national standards which are approved, or
3129 standards which have been evaluated for conformity with approved standards.
3130 MAINTENANCE: The repair, replacement and refinishing of any component of an existing
3131 structure, but does not include alteration or modification to the existing weight bearing structural
3132 components.
3133 MINOR DEFICIENCIES: A structural, electrical, mechanical or plumbing code violation that is
3134 minor in nature and is less severe or dangerous than a "substandard condition". "Minor
3135 deficiencies" include the following, and other similarly minor conditions:
3136 1. Interior finish wall coverings missing or in disrepair;
3137 2. Lack of paint;
3138 3. Dripping or leaking kitchen or bathroom faucets;
3139 4. Soffit and fascia trim of which no more than twenty percent (20%) is
3140 weathered, missing, or loose.
3141 MONUMENTAL STAIRS: A stairway, exceeding four4 feet (4') in width, at the main entrance
3142 on the exterior of a building.
3143 MULTIPLE-FAMILY STRUCTURE: A residential building containing three (3) or more
3144 dwelling units.
3145 NEC: The edition of the national electrical code currently adopted by the city.
3146 NOTICE AND ORDER: A document which:
3147 1. Provides notice of the existence of a condition covered by this chapter;
3148 2. Orders certain actions by the owner or owner's designee; and
3149 3. Specifies subsequent processes.
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LEGISLATIVE DRAFT
3150 NOTICE OF COMPLIANCE: A written notice informing the person cited that the violation has
3151 been cured.
3152 NOTIFIED PARTY: The person or persons to whom a notice and order is issued.
3153 OCCUPANT: A person occupying or having possession of a dwelling unit.
3154 OPENING: An exterior glazed opening capable of being closed to the weather, consisting of a
3155 window, a glazed door, or an openable glazed skylight, which opens upon a roof, yard, court,
3156 street, alley or recess from a court.
3157 OWNER: Any person, individual, firm, corporation, associate, joint venture or partnership and
3158 its agents or assigns who has title or interest in any building, with or without accompanying
3159 actual possession, and including any person who as agent or executor, administrator, trustee or
3160 guardian of an estate has charge, care or control of any building.
3161 PATTERN OF CIRCULATION: Any area in a room or group of rooms where the occupant is
3162 likely to walk because of the location of doors, fixtures or furniture placement when size of room
3163 restricts furniture placement. Fixtures, pipes and ducts projecting from the ceiling which are
3164 located near the middle of the room are within the pattern of circulation.
3165 PERSON: Any individual, firm, corporation, association, joint venture or partnership and its
3166 agents or assigns.
3167 PERSON CITED: The owner, owner's agent, tenant or occupant of any building or land or part
3168 thereof and any architect, builder, contractor, agent or other person who participates in, assists,
3169 directs or creates any situation that is contrary to the requirements of this chapter, and who
3170 received the notice of violation and is being held responsible for the violation.
3171 PLUMBING SYSTEM: Any potable water distribution piping, and any drainage piping within
3172 or below any building, including all plumbing fixtures, traps, vents and devices appurtenant to
3173 such water distribution or drainage piping and including potable water treating or using
3174 equipment, and any lawn sprinkling system.
3175 PREMISES: A lot, plot or parcel of land including the buildings or structures thereon.
3176 PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the
3177 ground to the sky which is deeded, dedicated, or otherwise permanently appropriated to the
3178 public for public use and which has a clear width of not less than ten feet (10').
3179 RESIDENTIAL BUILDING: The portions of a building that contain dwelling units.
3180 RISE: The vertical portion of a stair step.
3181 ROOMING HOUSE: A building or group of attached or detached buildings containing in
3182 combination at least three (3) lodging units for occupancy on at least a monthly basis, with or
3183 without board, as distinguished from hotels and motels in which rentals are generally for a daily
3184 or weekly period and occupancy is by transients.
3185 RUN: The horizontal portion of a stair step, measured from the leading edge of the stair tread to
3186 a point directly beneath the leading edge of the step directly above.
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LEGISLATIVE DRAFT
3187 SRO (SINGLE ROOM OCCUPANCY): A congregate housing where the dwelling units have
3188 one combined sleeping and living room and may include a kitchen and/or a separate private
3189 bathroom.
3190 SAFETY: The condition of being safe from causing harm, injury or loss.
3191 SECOND NOTICE: The notice informing the person cited of the date that civil fines will begin
3192 to accrue if the housing violation is not corrected.
3193 SECURED BUILDING: A building where all windows and doors are intact and lockable against
3194 unauthorized entry.
3195 SLOPING CEILING: Any ceiling with a slope greater than one- half1/2 inch (1/2") per foot.
3196 SMOKE DETECTOR: An approved device which senses visible or invisible particles of
3197 combustion.
3198 SPACE, COMMON: "Common space" means shared areas available for use by the occupants of
3199 the building.
3200 SPACE, PRIVATE: "Private space" means the portion of a dwelling unit which is for the
3201 exclusive use of the occupants of the unit.
3202 STORY: That portion of a building included between the upper surface of any floor and the
3203 upper surface of the floor next above or the bottom surface of the roof structure.
3204 STRUCTURE: Anything that is built or constructed for residential occupancy, or attached to a
3205 building for residential occupancy.
3206 SUBSTANDARD CONDITION: A structural, electrical, mechanical or plumbing system
3207 condition in a residential building or dwelling unit which violates applicable codes but with
3208 maintenance or repair can be made fully safe and which does not amount to an "imminent
3209 danger" or a "hazardous condition". "Substandard conditions" include the following as well as
3210 any violations of the standards in this chapter which have not been included in the categories of
3211 "imminent danger", "hazardous condition" or "minor deficiency":
3212 1. Deteriorated or inadequate foundations with cracking and evidence of
3213 settlement;
3214 2. Defective or deteriorated flooring or floor supports;
3215 3. Members of walls, partitions or other vertical supports that split, lean, list
3216 or buckle due to defective material or deterioration;
3217 4. Members of ceilings, roofs, ceiling and roof supports, or other members
3218 that are of insufficient size to carry live and dead loads with safety;
3219 5. Soffit and fascia trim more than twenty percent (20%) of which is
3220 weathered, missing or loose;
3221 6. Missing, decayed, buckling or worn out roof covering;
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LEGISLATIVE DRAFT
3222 7. Roof having more than two (2) layers of shingle type roof covering;
3223 8. Fireplaces or chimneys which list, bulge or settle, due to defective
3224 material or deterioration;
3225 9. Parapet wall or parapet cap bricks that are loose or missing;
3226 10. Stair risers, treads, jacks, stringers or supports that are cracked or
3227 otherwise deteriorated or missing;
3228 11. Plumbing which was not installed in accordance with the adopted
3229 plumbing code in effect at the time of installation or with generally accepted construction
3230 practices, has not been maintained in good condition, or is not free of cross connections
3231 or siphonage;
3232 12. Continuous running water in a toilet, bathroom sink or kitchen sink;
3233 13. Lack of hot or cold running water to plumbing fixtures in a dwelling unit
3234 or congregate housing structure;
3235 14. Mechanical equipment which was not installed in accordance with codes
3236 in effect at the time of installation, or with generally accepted construction practices, or
3237 which has not been maintained in good and safe condition;
3238 15. Inoperable heating systems during the months of May through September;
3239 16. Inoperable air conditioning systems, when the building is supplied with
3240 such a system and lacks other adequate forms of ventilation and the air conditioning
3241 system fails to keep the air temperature below eighty five degrees Fahrenheit (85°F);
3242 17. Damaged or missing heat ducts or missing heat duct registers;
3243 18. Electrical wiring which was not installed in accordance with codes in
3244 effect at the time of installation or with generally accepted construction practices, has not
3245 been maintained in good condition, or is not being used in a safe manner;
3246 19. Missing light fixtures, switches and outlet and switch cover plates;
3247 20. Overcurrent situations such as those caused by the use of electrical
3248 extension cords and multiple light fixtures;
3249 21. Lack of the minimum natural light and ventilation required by this
3250 chapter;
3251 22. Room and space dimensions less than that required by this chapter;
3252 23. Dampness of habitable rooms as evidenced by water damage or excess
3253 moisturecondensation or mold on ceilings, walls or floors;
3254 24. Deteriorated, crumbling or loose plaster or stucco;
3255 25. Deteriorated or ineffective waterproofing of exterior walls, roof,
3256 foundation or floors, including broken windows or doors;
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LEGISLATIVE DRAFT
3257 26. Deteriorated or lack of weather protection for exterior wall coverings;
3258 27. Broken, rotted, split or buckled exterior wall coverings or roof coverings;
3259 28. Wood has been installed within six6 inches (6") of earth which is not
3260 naturally decay resistant, treated wood or wood protected by an approved barrier;
3261 29. Infestation of insects, vermin or rodents as determined by the Salt Lake
3262 CountyValley health department, or its succcessor;
3263 30. Lack of garbage and rubbish storage and removal facilities as determined
3264 by the Salt Lake ValleyCounty health department regulations;
3265 31. Those premises on which an accumulation of weeds, vegetation, junk,
3266 dead organic matter, debris, garbage, offal, rat harborages, stagnant water, and similar
3267 materials or conditions constitute a violation of the Salt Lake CountyValley health
3268 department regulations;
3269 32. Any building, device, apparatus, equipment, combustible materials or
3270 vegetation which, in the opinion of the chief of fire department or building official, is in
3271 such a condition as to cause a fire or explosion or provide a ready fuel to augment the
3272 spread and intensity of fire or explosion arising from any cause;
3273 33. Any fire resistive requirement of this chapter which is not met;
3274 34. Drainage of water from roofs or yards in a manner that creates flooding or
3275 damage to a structure;
3276 35. Any equipment or apparatus that causes excessive noise, pollution, odor or
3277 light as defined by the Salt Lake City code or Salt Lake ValleyCounty health regulations;
3278 36. Guardrails or handrails in common areas that are missing or cannot
3279 support required loads.
3280 TOILET ROOM: A room which contains a toilet. It may also contain a sink, but does not contain
3281 a tub or shower.
3282 UBC: The edition of the uniform building code currently adopted by the city.
3283 UCADB: The edition of the uniform code for the abatement of dangerous buildings currently
3284 adopted by the city.
3285 UFC: The edition of the uniform fire code currently adopted by the city.
3286 UMC: The edition of the uniform mechanical code currently adopted by the city.
3287 UPC: The edition of the uniform plumbing code currently adopted by the city.
3288 UNFIT FOR HUMAN OCCUPANCY: A condition of premises which has been found by the
3289 building official to be an "imminent danger" or "hazardous condition" situation as defined by this
3290 chapter, or which fails to meet the sanitation requirements of the Salt Lake ValleyCounty health
3291 department.
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LEGISLATIVE DRAFT
3292 VENTILATION, NATURAL: "Natural ventilation" means any openable exterior door, window
3293 or skylight which opens upon a roof, yard, court, street or alley.
3294 YARD: As defined in Title 21AAn open space, other than a court, unoccupied by any structure
3295 on the lot on which a building is situated, unobstructed from the ground to the sky.
3296
3297 18.50.040: AUTHORITY:
3298 A. Enforcement: The building official is authorized to enforce all the provisions of
3299 this chapter. The building official may issue and deliver enforcement orderscitations under
3300 authority provided by state law.
3301 B. Interpretation: The building official may render interpretations of this chapter and
3302 adopt and enforce rules and supplemental regulations pursuant to adopted state construction
3303 codes to clarify the application of its provisions. Such interpretations, rules and regulations shall
3304 conform to the intent and purpose of this chapter, and shall be made available in writing for
3305 public inspection upon request.
3306 C. Alternate Materials Aand Methods Oof Construction: This chapter is not intended
3307 to exclude any method of structural design or repair not specifically provided for in this chapter
3308 or applicable adopted state construction codesthe UBC. The building official may approve any
3309 alternate material or method of construction conforming to the applicable adopted state
3310 construction codesalternate design and methods of construction section of the UBC.
3311
3312 18.50.050: RIGHT OF ENTRY:
3313 A. Inspection: Whenever it is necessary to make an inspection to enforce any
3314 provisions of this chapter, or whenever the building official has reasonable cause to believe a
3315 code violation exists in any building or upon any premises which makes such building or
3316 premises unsafe, dangerous or hazardous, the building official may, upon obtaining permission
3317 of the owner or other person having charge or control of the premises or dwelling unit, or upon
3318 obtaining a warrant, enter a residential property or premises to inspect it or to perform the duties
3319 imposed by this chapter. If such building or premises is occupied, the building official shall first
3320 present proper credentials and request entry. If such building or premises is unoccupied, the
3321 building official shall first make a reasonable effort to locate the owner or other persons having
3322 charge or control of the building or premises and request entry. If such entry is refused, the
3323 building official shall have recourse to every remedy provided by law to secure entry. The
3324 building official shall establish written policies which outline owner notification procedures for
3325 regular inspections and establish handling of owner notification for tenant reports of unsafe,
3326 dangerous and hazardous conditions.
3327 B. Unoccupied Dwelling Unit: If an unoccupied dwelling unit is open and
3328 unattended and the owner or other person having charge or control of the building or premises
3329 cannot be located after reasonable effort, the building official or building official's designee may
3330 enter the building. The building official shall issue a notice and order pursuant to Section
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LEGISLATIVE DRAFT
3331 18.24.040 that the dwelling unit be immediately secured or boarded against the entry of
3332 unauthorized persons.
3333 C. Inspection Notification: In imminent danger or hazardous condition situations, or
3334 when authorization to enter has not previously been granted by a tenant, the owner shall give the
3335 tenant a minimum of twenty four (24) hours' notification of an inspection of the tenant's premises
3336 by the building official.
3337 D. Violations: Whenever the building official has inspected a building and found
3338 violations of this chapter, the building official has the authority to commence action to cause the
3339 repair, rehabilitation or vacation of the building. The building official shall issue a notice and
3340 order to the owner(s) of the building, which shall list all violations, giving the section number
3341 and a detailed description of each, and classified by severity according to the following
3342 categories: imminent danger, hazardous condition, substandard condition, and minor deficiency
3343 situations. For each violation, or category of violation, the notice and order shall state the
3344 following, described in sections 18.50.060 through 18.50.090 of this chapter:
3345 1. The corrective action necessary for the violation(s);
3346 2. A time frame for compliance;
3347 3. The appeals and administrative hearing officer process; and
3348 4. Specific remedies the city may reasonably expect to take if the violations
3349 are not corrected.
3350
3351 18.50.060: RESERVEDIMMINENT DANGER SITUATIONS:
3352 A. Determination: If the building official determines that an imminent danger exists,
3353 the building official shall take the actions specified in this section.
3354 B. Notice And Order: The building official shall issue a notice and order containing
3355 the following:
3356 1. A notice listing the building's or unit's violations and the reason(s) that the
3357 building official determines that such conditions constitute an imminent danger;
3358 2. An order requiring:
3359 a. Immediate vacation of the building or dwelling unit, or
3360 b. The closure of that portion or system if the building official
3361 determines that a portion or system of the building or unit can be closed or
3362 otherwise secured so that the rest of the building or unit remains occupiable; and
3363 3. An explanation of the appeal rights and processes specified in subsection
3364 E of this section.
3365 C. Delivery Of Notice And Order: Notices and orders issued pursuant to this section
3366 shall be posted on the building entrance doors and on the entrance doors of all dwelling units
93
LEGISLATIVE DRAFT
3367 affected by the notice and order. The notice and order shall also be mailed to the owner or the
3368 owner's designated agent by both certified mail, return receipt requested, and ordinary first class
3369 mail, postage prepaid, or shall be delivered by hand.
3370 D. Notified Party Actions: Within twenty four (24) hours after the issuance of the
3371 notice and order, the notified party shall take out all required permits and cause the building or
3372 dwelling unit to be either repaired or, if repairs cannot be or are not completed within twenty
3373 four (24) hours, secured from entry as required by other portions of this code.
3374 E. Expedited Appeal:
3375 1. If the notified party disagrees with the notice and order and files an appeal
3376 in writing within seven (7) days of the issuance of the notice and order, the appeal shall
3377 be heard before an HAAB panel within two (2) days of receipt of the appeal.
3378 2. The HAAB panel shall issue a written decision within two (2) days of the
3379 hearing.
3380 3. If the notified party is dissatisfied with the HAAB panel decision, the
3381 notified party may appeal by filing a written notice with the mayor within seven (7) days
3382 of the HAAB decision.
3383 4. The mayor or the mayor's designee shall consider the appeal on the record
3384 made before HAAB and the written appeal. The mayor or the mayor's designee may
3385 accept additional evidence only if the evidence was improperly rejected by HAAB. The
3386 mayor or the mayor's designee may, at their discretion, consider the appeal based solely
3387 on the written materials or materials presented at a publicly conducted hearing.
3388 5. The appeal shall be considered, and the mayor or the mayor's designee
3389 shall issue a final decision within twelve (12) days of the receipt of the appeal.
3390 6. The filing of an appeal shall not stay the requirements of the notice and
3391 order.
3392 F. City Remedies: If the notified party fails to repair or secure the property,
3393 the city may take all appropriate remedies authorized by law including, the imposition of
3394 civil fines, obtaining any necessary authorization to enter the property to secure it from
3395 occupancy or, if the property conditions represent a threat to the public, abating the
3396 deficiency as a public nuisance or taking other appropriate actions.
3397
3398 18.50.070: RESERVEDHAZARDOUS CONDITION SITUATIONS:
3399 A. Determination: If the building inspector determines that a hazardous condition
3400 exists, the building inspector shall take the actions specified in this section.
3401 B. Notice And Order: The building inspector shall issue a notice and order
3402 containing the following:
94
LEGISLATIVE DRAFT
3403 1. A notice listing the building's or unit's violations and the reason(s) that the
3404 building inspector determines that such conditions constitute a hazardous condition;
3405 2. An order requiring the notified party to:
3406 a. Take out all necessary permits and repair the hazardous condition
3407 within three (3) days, or
3408 b. Close the building or required portions thereof to occupancy within
3409 three (3) days;
3410 3. An explanation of the appeal rights and processes specified in subsection
3411 E of this section.
3412 C. Delivery Of Notice And Order: Notices and orders issued pursuant to this section
3413 shall be posted on the building entrance doors and on the entrance doors of all dwelling units
3414 affected by the notice and order. The notice and order shall also be mailed to the owner or the
3415 owner's designated agent by both certified mail, return receipt requested, and ordinary first class
3416 mail, postage prepaid, or shall be delivered by hand.
3417 D. Notified Party Actions: Within three (3) days after the issuance of the notice and
3418 order, the notified party shall take out all required permits and cause the building or dwelling
3419 unit to be either repaired or vacated and secured from entry as required by other portions of this
3420 code. The building official may extend the time for completing the required work to six (6) days
3421 from the date of issuance of the notice and order provided the required permits are taken out
3422 within three (3) days of the date of issuance of said notice and order.
3423 E. Appeal:
3424 1. If the notified party disagrees with the notice and order, the notified party
3425 may appeal in writing within fourteen (14) days of the issuance of the notice and order.
3426 The appeal shall be heard before an HAAB panel within thirty (30) days of receipt of the
3427 appeal.
3428 2. Appeals under this subsection shall stay the enforcement of those items
3429 appealed on the notice and order.
3430 3. The HAAB panel shall issue a written decision within seven (7) days of
3431 the hearing.
3432 4. If the notified party is dissatisfied with the HAAB panel decision, the
3433 notified party may appeal by filing a written notice with the mayor within seven (7) days
3434 of the HAAB decision.
3435 5. The mayor or the mayor's designee shall consider the appeal on the record
3436 made before HAAB and the written appeal. The mayor or the mayor's designee may
3437 accept additional evidence only if the evidence was improperly rejected by HAAB. The
3438 mayor or the mayor's designee may, at their discretion, consider the appeal based solely
3439 on the written materials or materials presented at a publicly conducted hearing.
95
LEGISLATIVE DRAFT
3440 6. The appeal shall be considered, and the mayor or the mayor's designee
3441 shall issue a final decision within twelve (12) days of the receipt of the appeal.
3442 F. City Remedies: If the notified party fails to repair or secure the property as
3443 required, the city may take all appropriate remedies authorized by law including, the imposition
3444 of civil fines, closing all or a portion of the building, obtaining any necessary authorization to
3445 enter the property to secure it from occupancy or, if the property conditions represent a threat to
3446 the public, abating the deficiency as a public nuisance or taking other appropriate actions.
3447
3448 18.50.080: RESERVEDSUBSTANDARD CONDITION SITUATIONS:
3449 A. Determination: If the building inspector determines that a substandard condition
3450 exists, the building inspector may take the actions specified in this section.
3451 B. Notice And Order: The building inspector may issue a notice and order containing
3452 the following:
3453 1. A notice listing the building's or unit's violations and the reason(s) that the
3454 building inspector determines that such conditions constitute a substandard condition;
3455 2. An order requiring the notified party to:
3456 a. Take out all necessary permits and repair the substandard condition
3457 within the times specified, or
3458 b. Close the building or required portions thereof to occupancy within
3459 thirty (30) days;
3460 3. An explanation of the appeal rights and processes specified in subsection
3461 E of this section.
3462 C. Delivery Of Notice And Order: Notices and orders issued pursuant to this
3463 subsection shall be posted on the building entrance doors and in the common areas of the
3464 building. Notices and orders issued to vacate the premises shall be posted on all building
3465 entrance doors, common areas and on individual dwelling units. The notice and order shall also
3466 be mailed to the owner or the owner's designated agent by both certified mail, return receipt
3467 requested, and ordinary first class mail, postage prepaid, or may be delivered by hand.
3468 D. Notified Party Actions: The notified party shall take out all required permits and
3469 cause the building or dwelling unit to be either repaired or secured from entry as required by
3470 other portions of this code within the times specified in the notice and order. If the building
3471 official determines that work is progressing appropriately and an extension is necessary, the
3472 building official may extend the times for completion of any work.
3473 E. Appeal And Administrative Hearing:
3474 1. If the notified party disagrees with the notice and order, the notified party
3475 may appeal in writing within thirty (30) days of the issuance of the notice and order. The
96
LEGISLATIVE DRAFT
3476 appeal shall be heard before an HAAB panel within forty five (45) days of receipt of the
3477 appeal.
3478 2. Appeals of notice and order for substandard conditions shall be first
3479 considered by an administrative hearing officer pursuant to section 18.50.120 of this
3480 chapter.
3481 3. The HAAB panel shall issue a written decision within fourteen (14) days
3482 of the hearing.
3483 4. If the notified party is dissatisfied with the HAAB panel decision, the
3484 notified party may appeal by filing a written notice with the mayor within fourteen (14)
3485 days of the HAAB decision.
3486 5. The mayor or the mayor's designee shall consider the appeal on the record
3487 made before HAAB and the written appeal. The mayor or the mayor's designee may
3488 accept additional evidence only if the evidence was improperly rejected by HAAB. The
3489 mayor or the mayor's designee may, at their discretion, consider the appeal based solely
3490 on the written materials or materials presented at a publicly conducted hearing.
3491 6. The appeal shall be considered, and the mayor or the mayor's designee
3492 shall issue a final decision within thirty (30) days of the receipt of the appeal.
3493 7. Appeals under this subsection shall stay the enforcement of those items
3494 appealed on the notice and order.
3495 F. City Remedies: If the notified party fails to repair or secure the property as
3496 required, the city may take all appropriate remedies authorized by law including, the
3497 imposition of civil fines, closing all or a portion of the building or securing any necessary
3498 authorization to enter the property to make repairs.
3499
3500 18.50.090: MINOR DEFICIENCY NOTIFICATIONSITUATIONS:
3501 A. Determination: If the building inspector determines that a minor deficiency exists,
3502 the building inspector may take the actions specified in this section.
3503 B. Citations: Citations may be issued for minor deficiencies. However, such citations
3504 shall be for the owner's information only and shall have no further legal force or effect. When a
3505 notice and order is issued pursuant to Section 18.50.100, minor deficiencies may be included
3506 under "for owner's information only". If a property inspection reveals only minor deficiencies,
3507 the building inspector may mail a letter to the owner informing the owner of such minor
3508 deficiencies.
3509 C. Delivery Of Notice And Order: The notice and order shall be mailed to the owner
3510 or the owner's designated agent by both certified mail, return receipt requested, and ordinary first
3511 class mail, postage prepaid, or shall be delivered by hand. If delivery of the notice and order by
3512 mail or hand delivery is not made, the notice and order shall be posted on the building entrance
3513 doors and on the entrance doors of all dwelling units affected by the notice and order.
97
LEGISLATIVE DRAFT
3514 D. Notified Party Actions: The notified party shall take out all required permits and
3515 cause the building or dwelling unit to be either repaired or secured from entry as required by
3516 other portions of this code within the times specified in the notice and order. If the building
3517 official determines that work is progressing appropriately and an extension is necessary, the
3518 building official may extend the times for completion of any work.
3519 E. Appeal And Administrative Consideration: The appeal and administrative hearing
3520 officer processes shall be as specified in subsections 18.50.080E and F of this chapter.
3521 F. City Remedies: If the notified party fails to make the repairs required, or fails to
3522 reach an agreement acceptable to the city for remediation, the city may record a notice of
3523 deficiency with the Salt Lake County recorder's office specifying the deficiencies.
3524
3525 18.50.100: ENFORCEMENT:
3526 A. Determination: If the building inspector determines that a violation of this chapter
3527 exists, the building inspector may take the actions specified in this section.In addition to any
3528 other remedies authorized by law or in this chapter, if the notified party fails to repair or secure
3529 the property in question, the city may pursue any one or more of the following additional
3530 remedies:
3531 1. Notice Of Deficiency: The supervisor of housing enforcement may record
3532 with the Salt Lake County recorder's office a notice of any condition provided in sections
3533 18.50.060 through 18.50.090 of this chapter. The notice shall be mailed to all notified
3534 parties.
3535 2. Criminal Action: Violations of the provisions of sections 18.50.060
3536 through 18.50.080 of this chapter may be punishable as a class B misdemeanor upon
3537 conviction.
3538 3. Civil Action: Violations of sections 18.50.060 through 18.50.080 of this
3539 chapter may also be enforced by injunction, mandamus, abatement, civil fines or any
3540 other appropriate action in law or equity.
3541 B. Civil fines may be imposed according to the following procedures:Warning
3542 Notice
3543 1. Notice:
3544 a. If the housing building inspector finds that any provision of this chapter is being
3545 violated, the housing inspector shall provide a written notice to the responsible partyproperty
3546 owner and to any other person determined to be responsible for such violation. The written
3547 notice shall indicate the nature of the violation and order the action necessary to correct it.
3548 Additional written notices may be provided at the housing inspector's discretion.
3549 b. The written notice shall state what action the housing inspector intends to take if
3550 the violation is not corrected. The written notice shall include information regarding the
3551 established warning period for the indicated violations and shall serve to start any warning
98
LEGISLATIVE DRAFT
3552 periods provided in this chapterthe time period in which the violations must be corrected, which
3553 will be based on their severity.
3554 2. Delivery of Notice:
3555 c. Such written notice issued by the housing inspector shall be deemed sufficient and
3556 complete when served upon the responsible party as followsperson cited:
3557 a.(1) Personally by the inspector or his or her representative; or by
3558 mailing, postage prepaid, by certified mail, return receipt requested or any
3559 reputable mail tracking service that is capable of confirming delivery, addressed
3560 to the responsible partyperson cited at the last known address appearing on the
3561 records of the county recorder; and
3562 b.(2) By posting notice on the property where said violation(s) occurs.
3563 3.d. In cases when delay in enforcement would seriously threaten the effective
3564 enforcement of this chapter, or pose a danger to the public health, safety or welfare, the
3565 housing inspector need not issue a warning noticemay seek enforcement without prior
3566 written notice by invoking any of the fines or remedies authorized in this chapter.
3567 e. If the violation remains uncured within five (5) days after the
3568 expiration of the warning period, a second notice of violation shall be delivered
3569 by mail, postage prepaid, addressed to the person cited at the last known address
3570 appearing on the records of the county recorder. The second notice shall identify
3571 the date on which the civil fines shall begin to accrue.
3572 C. Notice and Order: If, after issuance of the warning notice (if required), the
3573 violations have not been corrected by the time period stated in the notice, the building inspector
3574 may issue a notice and order pursuant to Section 18.24.040. The notice and order need not
3575 provide any additional correction period and may impose fines beginning on the date it is issued.
3576 D.2. RemediesAmount Of Fine: Upon issuance of a notice and order, the building
3577 inspector may pursue any remedies allowed by Sections 18.24.030 and 18.24.050, except that
3578 cCivil fines shall accrue as set forth in the Salt Lake City consolidated fee schedule specific to
3579 the violations of this chapter.follows:
3580 a. Substandard condition violations: Twenty five dollars ($25.00) per
3581 day. If more than ten (10) substandard condition violations exist, the daily fines
3582 shall double.
3583 b. Hazardous condition violations: Fifty dollars ($50.00) each per
3584 day.
3585 c. Imminent danger violations: Seventy five dollars ($75.00) each per
3586 day.
3587 d. Failure to obey an interpretation, decision or requirement of the
3588 housing advisory and appeals board: Twenty five dollars ($25.00) per day.
99
LEGISLATIVE DRAFT
3589 E.3. Daily Violations: Each day a violation continues after the issuance of the notice
3590 and order (or cure deadline stated therein, if applicable)citation deadline shall give rise to a
3591 separate civil fine.
3592 F.4. Compliance: Accumulation of fines for violations, but not the obligation for
3593 payment of fines already accrued, shall stop upon correction of the violation(s) once confirmed
3594 through an inspection requested pursuant to Subsection 18.24.040.A.3.
3595 G.5. Recurring Violations: In the case where a violation, which had been corrected,
3596 reoccurs at the property within six (6) months of the initial correction and is due to the actions or
3597 inactions of the same responsible party as the prior violation, the city maywill begin enforcement
3598 of said recurring violation and impose fines will begin accruing after a ten (10) day warning
3599 period.
3600 6. Appearance Before A Hearing Officer:
3601 a. Right To Appear: Any person cited may appear before a hearing
3602 officer to appeal the amount of the fine imposed. However, no party may appear
3603 before a hearing officer until violations identified have been corrected and a
3604 notice of compliance has been issued. Appeals to the hearing officer contesting
3605 the amount of the fine imposed must be filed within thirty (30) days from the date
3606 of the notice of compliance.
3607 b. Defense: The burden to prove any defense shall be upon the person
3608 raising such defense.
3609 c. Responsibility: Commencement of any action to remove or reduce
3610 fines shall not relieve the responsibility of any person cited to cure the violation or
3611 to make payment of subsequently accrued civil fines nor shall it require the city to
3612 reissue any of the notices required by this chapter.
3613 7. Appeal Of Administrative Decision: The decision of the housing inspector
3614 regarding the existence of the housing violation shall be deemed an administrative
3615 decision which may be appealed to the housing advisory and appeals board within thirty
3616 (30) days of the date of the first notice.
3617 8. Hearing Officer Duties:
3618 a. The mayor, or his/her designee, shall appoint such hearing officer
3619 as the mayor, or his/her designee, deems appropriate to consider matters relating
3620 to the violation of this chapter. The hearing officer shall have the authority to hear
3621 evidence relating to mitigating circumstances and to make such equitable
3622 adjustments as he/she deems appropriate, as set forth below:
3623 (1) The hearing officer may adjust, reduce or eliminate fines or
3624 create payment plans relating to fines accrued by the person cited. In the
3625 administration of this duty, the hearing officer may reduce or eliminate
3626 fines based upon any circumstance or other equitable consideration the
3627 hearing officer finds to be applicable. In cases where the administrative
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LEGISLATIVE DRAFT
3628 process has not been followed by the division, the hearing officer has the
3629 authority to reduce or eliminate fines.
3630 (2) Payment plans may be created by the hearing officer.
3631 Although the hearing officer has the ultimate authority in establishing the
3632 payment schedule, the minimum payment schedule provided by the
3633 department of community and neighborhoods should be followed.
3634 9. Dismissal Criteria:
3635 a. If the hearing officer finds that no violation occurred and/or a
3636 violation occurred but one or more of the defenses set forth in this section is
3637 applicable, the hearing officer may dismiss the notice of violation. Such defenses
3638 include:
3639 (1) At the time of the receipt of the notice of violation,
3640 compliance would have violated the criminal laws of the state of Utah;
3641 (2) Compliance with the subject ordinances would have
3642 presented an imminent and irreparable injury to persons or property.
3643 10. Acceptance Of Hearing Officer Decision: If the hearing officer finds that a
3644 violation of this chapter occurred and no applicable defense exists, the hearing officer
3645 may, in the interest of justice and on behalf of the city, enter into an agreement for the
3646 timely or periodic payment of the applicable fine. The person cited has fourteen (14) days
3647 in which to accept the decision of the hearing officer. If the person cited does not accept
3648 the decision of the hearing officer, an agreement to modify the fine, or set up a payment
3649 schedule, the decision of the hearing officer is void and the city will attempt to collect the
3650 original amount of the fine.
3651 11. Abatement For Correction And Payment:
3652 a. Civil fines may be partially abated after the violation is cured and
3653 at the discretion of the hearing officer if any of the following conditions exist:
3654 (1) Strict compliance with the notice and order would have
3655 caused an imminent and irreparable injury to persons or property.
3656 (2) The violation and inability to cure were both caused by a
3657 force majeure event such as war, act of nature, strike or civil disturbance.
3658 (3) A change in the actual ownership of the property was
3659 recorded with the Salt Lake County recorder's office after the first or
3660 second notice was issued and the new owner is not related by blood,
3661 marriage or common ownership to the prior owner.
3662 (4) Such other mitigating circumstances as may be approved
3663 by the city attorney or designee.
3664 b. If the hearing officer finds that the noticed violation occurred and
3665 no applicable defense applies, the hearing officer may, in the interest of justice
101
LEGISLATIVE DRAFT
3666 and on behalf of the city, enter into an agreement for the delayed or periodic
3667 payment of the applicable fine.
3668 c. Once a payment schedule has been developed by the hearing
3669 officer, and agreed to by the person cited, failure to submit any two (2) payments
3670 as scheduled will require payment of the entire amount of the original fine
3671 immediately.
3672
3673 18.50.110: APPEALSLATE PROCESS DETAILS:
3674 A. Filing Oof Appeals: Appeals of enforcement of this chapter shall be taken in
3675 accordance with Chapter 18.12.submitted on an appeal form provided by the building official.
3676 The appellant shall state the specific order or action protested and a statement of the relief
3677 sought, along with the reasons why the order or action should be reversed, modified or otherwise
3678 set aside.
3679 B. Failure To Appeal: Failure of any person to file an appeal in accordance with the
3680 provisions of this section shall constitute a waiver of the person's right to an appeal.
3681 B.C. Inspection Oof Tthe Premises: Before any hearing is held by the board of appeals
3682 and examiners the board maya HAAB panel, the panel shall inspect the building or premises
3683 involved. Prior notice of such inspection shall be given to the responsiblenotified party filing the
3684 appeal, who may be present at such inspection. Upon completion of the inspection, the
3685 chairperson of the panel shall state for the record the material facts observed at the inspection,
3686 which facts shall be read at the initiation of the hearing. Failure of the responsiblenotified party
3687 to provide access without good cause as determined by the building official shall not constitute a
3688 reason for the hearing to be postponed and the appeal denied.
3689 D. Written Notice: Written notice of the time and place of panel hearings shall be
3690 mailed to the appellant in accordance with procedures adopted by HAAB.
3691 E. Appeals Hearing: Any notified party may appear personally or authorize a
3692 designee to act in their behalf. The city and any notified party may call and examine witnesses on
3693 any relevant matter, introduce documentary and physical evidence, and cross examine opposing
3694 witnesses. Any relevant evidence shall be admitted.
3695 F. Record: A record of the entire proceeding of all appellate hearings under this
3696 section shall be made by tape recording, or by any other means of permanent recording
3697 determined to be appropriate by HAAB. The record shall be retained on file in accordance with
3698 the city's record retention schedule.
3699
3700 18.50.120: RESERVEDADMINISTRATIVE HEARING OFFICER PROCEDURES:
3701 A. The administrative hearing officer shall hear cases deemed to be of substandard
3702 condition or minor deficiency situations. Review by the administrative hearing officer is not a
3703 provision of hazardous condition appeals, which go directly before a HAAB panel.
102
LEGISLATIVE DRAFT
3704 B. Each appeal shall first be reviewed by the administrative hearing officer no later
3705 than thirty (30) days from the date of filing of a written appeal.
3706 C. The administrative hearing officer shall inspect the property and review the notice
3707 and order to determine if it is accurate and attempt to develop, in consultation with the appellant,
3708 possible methods of complying with the code consistent with the purposes of this chapter. The
3709 administrative hearing officer may prepare a stipulated agreement for signature by the appellant
3710 and the city.
3711 D. The administrative hearing officer shall maintain complete and permanent records
3712 of all inspections and decisions. Resolutions of disputed issues, agreeable to the administrative
3713 hearing officer and the property owner, shall be presented at the next meeting of HAAB for its
3714 consent or modification.
3715
3716 18.50.130: APPROVAL FOR OCCUPANCY:
3717 Following the correction of the deficiencies and prior to persons reoccupying any residential
3718 building or dwelling unit after it has been closed to occupancy, the building
3719 officialhousing/zoning officer shall issue an approval for occupancy. If a notice of deficiency has
3720 been filed with the Salt Lake County recorder's office pursuant to section 18.50.100 of this
3721 chapter, a release of the notice shall be recorded with that office.
3722
3723 18.50.140: EXTERIOR STANDARDS:
3724 A. Structural Repair: All roofs, floors, walls, chimneys, foundations, and other
3725 structural components shall be repaired when they no longer retain their structural integrity.
3726 Loose bricks in chimneys shall be repaired and missing chimney caps shall be replaced.
3727 B. Exterior Surfaces: Exposed materials that require weather protection and exterior
3728 surfaces that are deteriorating shall be repaired to the extent necessary to stop damage from cold,
3729 wind, water, or dampness. The roof covering and flashing shall form an impervious membrane.
3730 C. Drainage: All surface water shall drain away from the structure andunless any
3731 potential adverse effect of the runoff shall beis mitigated to the reasonable satisfaction of the
3732 building official.
3733 D. Windows Aand Doors: Windows that are required by this chapter for light and
3734 ventilation shall be fully glazed. Window openings not required to meet light, ventilation, and
3735 egress standards may be sealed with opaque materials or removed. Broken or missing doors,
3736 door frames, windows, and window sashes shall be replaced or repaired.
3737 E. Appendages: All awnings, fire escapes, exhaust ducts and similar appendages
3738 shall be maintained in good repair and be properly anchored.
3739 F. House Addressing: All residential buildings shall display a street number in a
3740 prominent location on the street side of the building in such a position that the number is easily
3741 visible to approaching emergency vehicles. The numerals shall be in accordance with the codes
103
LEGISLATIVE DRAFT
3742 adopted in Section 18.04.040no less than three inches (3") in height and shall be of a contrasting
3743 color to the background to which they are attached. Each individual unit within any multiple-
3744 family structure shall display a prominent identification number, not less than two inches (2") in
3745 height, which is easily visible.
3746 G. Exterior Walkways: All sidewalks, walkways, stairs, driveways, parking spaces
3747 and similar areas shall be kept in a proper state of repair, and maintained free from hazardous
3748 conditions.
3749
3750 18.50.150: INTERIOR STANDARDS:
3751 A. Showers/Tubs: Showers shall be finished to a height of seventy70 inches (70")
3752 above the fixture drain outlet with nonabsorbent material. Freestanding tubs with shower risers
3753 may utilize a shower curtain that totally encloses all sides of the tub.
3754 B. Floor Coverings: All floor and stair coverings shall be maintained in a secure and
3755 substantially intact manner. This standard does not apply to area or throw rugs within dwelling
3756 units.
3757 C. Walls And Ceilings: All walls and ceilings shall be maintained so that they are
3758 secure and intact. Surfaces shall be painted or covered with wallpaper or panelling.
3759 D. Finishes, Washable Surfaces: In kitchens and bathrooms of congregate housing
3760 and SROs, floors and walls within fifteen15 inches (15") of sinks, bidets, showers, toilets, and
3761 tubs shall be finished with a nonporous material that is not adversely affected by moisture.
3762 E. Operable Fixtures Aand Equipment: All fixtures, appliances, and equipment
3763 required by this code shall be maintained in safe and operable condition.
3764
3765 18.50.160: DOORS, TRIM AND HARDWARE:
3766 A. All doors, trim and hardware shall be kept in good working condition.
3767 B. Exterior doors which are required for ingress and egress shall have locks which
3768 are keyed from the exterior and are operable from the interior without the use of a key or other
3769 special equipment or knowledge. Original locks in historic buildings are not required to be
3770 replaced if in good working condition.
3771 C. Hinges for out swinging doors shall be equipped with nonremovable hinge pins or
3772 a mechanical interlock to preclude removal of the door from the exterior by removing the hinge
3773 pins.
3774
3775 18.50.170: ENVIRONMENTAL OR SANITARY STANDARDS:
3776 A. All premises shall be maintained clean, safe, sanitary and free from an
3777 accumulation of rubbish. Every occupant of a structure shall keep that part of the structure and
104
LEGISLATIVE DRAFT
3778 exterior property which such occupant occupies, controls or uses in a clean and sanitary
3779 condition. Every owner of a structure containing a boarding and rooming house, fraternity and
3780 sorority house, dormitory, SRO or multiple-family dwelling units shall maintain, in a clean and
3781 sanitary condition, the shared or public areas of the structure and exterior property.
3782 B. Garbage and refuse storage and removal shall meet the requirements of the Salt
3783 Lake CountyValley health department regulations.
3784 C. There shall be no insect or rodent infestation in violation of the Salt Lake
3785 CountyValley health department regulations.
3786 D. Asbestos, regardless of the date of installation, shall meet the requirements of the
3787 Salt Lake CountyValley health department regulations.
3788 E. A room in which a toilet is located shall be separated from food preparation or
3789 storage rooms by a tightfitting door.
3790
3791 18.50.180: SPACE AND OCCUPANCY STANDARDS:
3792 A. Ceiling Heights:
3793 1. Habitable Rooms: The minimum ceiling height for all habitable rooms
3794 shall be as set forth in the construction codes adopted in Section 18.04.040seven feet six
3795 inches (7'6"), except for kitchens, which may be seven feet zero inches (7'0"). This height
3796 may be six6 feet four4 inches (6'4") when the requirements of this chapter for emergency
3797 egress, light and ventilation are met and a one hundred twenty (120) volt electrical
3798 powered smoke detector and carbon monoxide detector areis installed pursuant to the
3799 construction codes adopted in Section 18.04.040in the room. The only exception is that a
3800 smoke detector is not required in a kitchen. ProjectionsObstructions shall be allowed to
3801 six5 feet 10zero inches (6'0") when the projectionobstruction is not in the pattern of
3802 circulation and projectionsobstructions are not greater than twenty percent (20%) of the
3803 floor area of the room.
3804 2. Nonhabitable Rooms Except Bathrooms: All nonhabitable rooms, except
3805 bathrooms, shall have no minimum ceiling height requirement.
3806 3. Bathrooms Aand Toilet Rooms: Bathrooms and toilet rooms shall have a
3807 minimum ceiling height of six6 feet 0zero inches (6'0") with no projections below the six
3808 foot (6') minimum. Obstructions shall be allowed to 5 feet 10 inches. The bathroom
3809 ceiling height at the back of a sink, toilet or tub without shower may be sloped to a
3810 minimum height of 5five feet 0zero inches (5'0") at the wall when the ceiling height is no
3811 less than 6six feet 0zero inches (6'0") at a point 2two feet 0zero inches (2'0") from the
3812 wall adjacent to the bathroom plumbing fixture.
3813 4. Sloping Ceilings: In any room with a sloping ceiling, at least one-half
3814 (1/2) the floor area shall have a minimum ceiling height as required by this section. No
3815 portion of the room with a ceiling height below 5five feet 0zero inches (5'0") may be
3816 used in the floor area computation.
105
LEGISLATIVE DRAFT
3817 5. Corridors: A minimum ceiling height of six6 feet 4 inches (6'4") shall be
3818 required in corridors so long as there are a smoke detector and carbon monoxide detector
3819 installed pursuant to the construction codes adopted in Section 18.04.040. Obstructions
3820 shall be allowed to 5 feet 10 inches when the obstruction is not in the pattern of
3821 circulation and obstructions are not greater than 20% of the floor area of the corridor.
3822 B. Room Aand Corridor Size:
3823 1. Floor Area Aand Room Dimensions: Floor area and room dimensions
3824 shall be as set forth in the construction codes adopted in Section 18.04.040.Dwelling
3825 units shall have at least one habitable room with not less than one hundred twenty (120)
3826 square feet of floor area. Habitable rooms other than a kitchen shall have an area not less
3827 than seventy (70) square feet and shall not be less than seven feet (7') in length or width.
3828 2. Sleeping Room Dimensions: Every room used for sleeping shall have at
3829 least seventy (70) square feet of floor area equal to the amounts required by the
3830 construction codes adopted pursuant to Section 18.04.040. Where more than two (2)
3831 persons occupy a room used for sleeping, the required floor area shall be increased at the
3832 rate of fifty (50) square feet for each occupant in excess of two (2).
3833 3. Corridors: The minimum width of corridors shall be 36thirty six inches
3834 (36"). In dwelling units constructed prior to 1983, a minimum corridor width of 28thirty
3835 inches (30") shall be permitted.
3836 C. Special Dwellings:
3837 1. Efficiency Dwelling Units: An efficiency dwelling unit shall:
3838 a. Have a living room of at least one hundred ninety (190) square feet
3839 of floor area equal to the amounts required by the construction codes adopted
3840 pursuant to Section 18.04.040. An additional one hundred (100) square feet of
3841 floor area shall be provided for each occupant in excess of two (2);
3842 b. Have a closet;
3843 c. Have a kitchen sink and cooking and refrigeration facilities, each
3844 having a clear working space of at least thirty30 inches (30") in front of the
3845 fixture or appliance;
3846 d. Have a bathroom containing a toilet, sink and bathtub or shower.
3847 2. Congregate Housing: Except for Shared Housing as defined in Title 21A,
3848 Iindividual units in congregate housing shall have at least one room with not less than
3849 seventy (70) square feet of floor area per occupant. When individual rooms are less than
3850 one hundred twenty (120) square feet, a separate common room shall be provided of at
3851 least one hundred twenty (120) square feet for each ten (10) units, with a minimum of
3852 one common room per floor. When separate rooms are not provided with cooking
3853 facilities, the common room may be a common kitchen with a floor area as defined by the
3854 floor area computation.
3855 D. Cooking Facilities:
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LEGISLATIVE DRAFT
3856 1. Cooking Facilities Iin Dwelling Units: Each dwelling unit shall have a
3857 kitchen that supplies:
3858 a. A range with stove top and oven, or in the alternative, a
3859 nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
3860 considered as cooking facilities. All cooking appliances shall be maintained in
3861 good working condition.
3862 b. An approved sink, with a minimum dimension of twelve12 inches
3863 by twelve12 inches by four4 inches (12" x 12" x 4") deep.
3864 c. A minimum of four (4) square feet of counter space.
3865 d. A refrigerator.
3866 2. Cooking Facilities Ffor Individual Units Iin Congregate Housing: As long
3867 as such cooking facilities do not encroach into the required floor area, required cooking
3868 facilities may be supplied in individual units, provided all of the following items are
3869 supplied:
3870 a. A range with stove top and oven, or in the alternative, a
3871 nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
3872 considered as cooking facilities and are not allowed. Portable cooking devices are
3873 not allowed in individual rooms;
3874 b. An approved sink, with a minimum dimension of twelve12 inches
3875 by twelve12 inches by four4 inches (12" x 12" x 4") deep;
3876 c. A minimum of four (4) square feet of counter space;
3877 d. A refrigerator.
3878 3. Common Kitchens Iin Congregate Housing: When cooking facilities are
3879 not provided within individual units, congregate housing shall have a common kitchen
3880 area which shall contain the following minimum facilities: a sink for each twenty (20)
3881 tenants or portion thereof, a range for each twenty (20) tenants or portion thereof, and a
3882 refrigerator for each ten (10) tenants or portion thereof. The minimum kitchen area shall
3883 be one hundred twenty (120) square feet based on the floor area computation for the first
3884 ten (10) occupants or portion thereof, and an additional thirty (30) square feet for each
3885 additional ten (10) persons or portion thereof.
3886 E. Window Size Alterations: When window size modifications are necessary to meet
3887 light, ventilation or emergency egress, the window shall meet the most currently adopted
3888 uniform building code standard.
3889
3890 18.50.190: LIGHT AND VENTILATION:
3891 A. Natural Light Iin Habitable Rooms:
107
LEGISLATIVE DRAFT
3892 1. Every habitable room shall have at least one window facing directly to the
3893 outdoors to provide natural light. The minimum total window area shall equal one-
3894 twentieth (1/20th) or more of the floor area of the room, with a minimum of three and
3895 one-half (3 and 1/2) square feet. Special purpose rooms such as home theaters and film
3896 processing rooms shall not be subject to this requirement. Kitchens may be provided with
3897 artificial light, which shall be a minimum of 1.5 watts incandescent or 0.8 watts
3898 fluorescent per square foot of the room.
3899 2. The glazed area of an exterior door may be used for purposes of
3900 computing window size for natural light.
3901 3. For the purpose of meeting light or ventilation requirements, as well as
3902 emergency egress, a room may be considered as a portion of an adjoining room when
3903 one-half (1/2) of the area of the common wall is open and unobstructed and provides an
3904 opening of not less than one-tenth (1/10) of the floor area of the interior room or twenty
3905 five (25) square feet, whichever is greater.
3906 B. Ventilation:
3907 1. Habitable Rooms:
3908 a. Except as provided in subsection B1b of this section, all habitable
3909 rooms shall be provided with natural ventilation by means of openings to the
3910 exterior which have the capability of being closed to the weather. Total openings
3911 shall have an area at least one-twentieth (1/20) of the floor area of the room or
3912 three and one-half (3 and 1/2) square feet, whichever is greater.
3913 b. A mechanical ventilation system shall be allowed in lieu of
3914 openings for natural ventilation. Such system shall create a positive pressure in
3915 the room and the air intake shall be connected directly to the outside and be
3916 capable of two (2) air exchanges per hour. In kitchens, the ventilation system may
3917 create negative pressure. The air intake/exhaust source shall be located at least
3918 three3 feet (3') above any opening which is within ten10 feet (10') of the air
3919 intake/exhaust.
3920 c. Exterior doors may be used to meet natural ventilation
3921 requirements.
3922 2. Bathrooms, Laundry Rooms, Aand Oother Nonhabitable Areas:
3923 a. Except as provided in subsection B2b of this section, all bathrooms
3924 and laundry rooms shall be provided with natural ventilation by means of
3925 openings to the exterior which have the capability of being closed to the weather.
3926 Such openings shall have a total area not less than one-twentieth (1/20) of the
3927 floor area of the room, with a minimum of one and one-half (1 and 1/2) square
3928 feet.
3929 b. A mechanical exhaust system connected directly to the outside
3930 shall be allowed in lieu of natural ventilation. The system shall be capable of
3931 providing five (5) air exchanges per hour. The exhaust air shall discharge at least
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LEGISLATIVE DRAFT
3932 three3 feet (3') above or ten10 feet (10') away from any air intake source. Toilet
3933 rooms may be ventilated with an approved recirculation fan or similar device
3934 designed to remove odors from the air.
3935 c. Mechanical or convection venting of bathrooms into the attic shall
3936 be acceptable. Recirculating fans may be used in toilet rooms only. Bathrooms
3937 with tubs or showers shall have a convection or mechanical exhaust system.
3938 d. Bathrooms constructed prior to 1970, which are vented with
3939 convection vent openings extending to the outside shall meet the ventilation
3940 requirement as long as the walls, ceiling and floor are not adversely affected by
3941 moisture.
3942
3943 18.50.200: FIRE SAFETY; EGRESS:
3944 A. Fire Safety: No hazard of fire or explosion shall be created or allowed to exist in
3945 any building, premises, equipment or apparatus.
3946 B. Exit Aand Emergency Egress:
3947 1. Every existing dwelling unit shall have a safe, continuous and
3948 unobstructed means of egress of a minimum ceiling height of six6 feet four4 inches (6'4")
3949 and a minimum egress width of 28 inches as per this code. Obstructions shall be allowed
3950 to 5 feet 10 inches when the obstruction is not in the pattern of circulation and
3951 obstructions are not greater than 20% of the floor area of the exitway. The exitway shall
3952 be kept in a proper state of repair and maintained free of hazardous conditions and
3953 obstructions.
3954 2. Every sleeping room located below the fourth story shall have at least one
3955 openable window or exterior door approved for emergency egress or rescue. Every egress
3956 window shall comply with the construction codes adopted in Section 18.04.040, unless
3957 the size of the opening under such codes is not feasible then tThe opening shall have a
3958 minimum of three and one-half (3 and 1/2) square feet of openable space and clear
3959 opening dimensions of at least twenty20 inches (20") in one dimension and twenty four
3960 24 inches (24") in the other dimension. The escape window must open directly into a
3961 yard or exit court, or into a public street or alley. When windows are provided as a means
3962 of emergency egress or rescue, they shall have a finished sill height of not more than
3963 forty eight48 inches (48"). If the distance from the floor to the windowsill is more than
3964 forty eight48 inches (48"), a permanent ladder or platform attached to the wall or floor
3965 may be installed to meet the maximum height requirement. The ladder or platform must
3966 be approved by the city.
3967 a. Exception 1. Where two (2) approved emergency exit doors
3968 leading from the sleeping room to separate exitways exist and minimum light and
3969 ventilation requirements are met, this subsection does not apply. Emergency exit
3970 doors shall open directly to a yard or court, or may exit through no more than one
3971 adjoining room which has a door that leads directly to a yard or court.
109
LEGISLATIVE DRAFT
3972 b. Exception 2. Where minimum light and ventilation and emergency
3973 egress requirements are met, there is no minimum sill height requirement in
3974 sleeping rooms of dwelling units constructed before 1968, which has not been
3975 altered from the original construction.
3976 c. Exception 3. Sleeping rooms that fail to meet the sill height,
3977 window size or net openable area for the emergency egress provisions of this code
3978 may have their emergency egress deficiencies remedied, provided the rooms meet
3979 the required natural light and ventilation requirements of the housing code, by the
3980 installation of a smoke detector in each of the deficient sleeping rooms and in the
3981 hall or space immediately adjacent to and leading into the sleeping room or area.
3982 The smoke detectors shall be wired directly to the house electrical system and be
3983 provided with a battery backup.
3984 3. For windows that are below grade, a window well shall run parallel to the
3985 width of the window and extend at least eighteen18 inches (18") out from the exterior
3986 face of the building. When the distance from the top of the window well to its bottom
3987 exceeds forty eight48 inches (48"), it shall be equipped with an approved permanently
3988 affixed ladder or stairs that are accessible with the window in the fully open position.
3989 Grates are permitted over window wells when hinged away from the structure and not
3990 weighing over fifteen (15) pounds per section of the grate.
3991 4. Bars, grills, grates or similar devices may be installed on emergency
3992 escapes or rescue windows or doors, provided such devices are equipped with approved
3993 release mechanisms which are operable from the inside of the grate without the use of a
3994 key or special knowledge or effort.
3995 C. Stairs Aand Handrails: Stairs and rails shall meet the requirements of the means
3996 of egress section of the applicable adopted state construction codeUBC or its successor with the
3997 following modifications:
3998 1. If there are four (4) or more risers, a handrail shall be required. Two (2)
3999 handrails shall be required when the width of the stairs is forty eight48 inches (48") or
4000 more. Stairways less than forty eight48 inches (48") in width or stairways serving one
4001 individual dwelling unit in group R, division 1 or 3 occupancy, or a group R, division 3
4002 congregate residence may have one handrail. Handrails are not required for monumental
4003 stairs.
4004 2. Handrails shall be placed not less than thirty30 inches (30") nor more than
4005 thirty eight38 inches (38") above the outermost edge of the tread. Handrails for existing
4006 stairs are not required to extend beyond the top or bottom stair tread.
4007 3. Stairs shall have a maximum riser height of eight9 inches (8") and a
4008 minimum step run of 8nine inches (9"). Existing stair flights may have a maximum
4009 variation in rise and run of two2 inches (2") at the top and bottom of the flight. A
4010 maximum of one1 inch (1") variation of rise and run shall be allowed for all intermediate
4011 risers and treads. Stairs shall be level and shall comply with life safety standards as
4012 defined herein.
110
LEGISLATIVE DRAFT
4013 4. Windinger, circular and spiral stairs may run to narrow to a point. The run
4014 shall measure 8 inches (12 inches from the narrow point)shall comply with the UBC.
4015 5. There shall be no minimum rise or run requirement nor maximum
4016 variation in the rise and run for stairs leading only to mechanical, storage, utility, and
4017 nonhabitable rooms in any residential structure and laundry rooms in individual dwelling
4018 units provided the stairs are structurally sound.
4019 6. Steps shall be maintained in a safe manner. Missing steps, steps which are
4020 deteriorated to the point that a foothold is difficult to maintain, staircases which have
4021 missing boards, and/or staircases which contain boards that have lost their structural
4022 integrity shall be repaired to a safe condition.
4023 7. Interior and exterior stairs shall have a minimum headroom height of six6
4024 feet four4 inches (6'4") so long as there are electrical powered smoke detectors installed
4025 pursuant to the construction codes adopted in Section 18.04.040, except for stairs to
4026 mechanical or storage rooms, utility and nonhabitable rooms in any residential structure
4027 and laundry rooms in individual dwelling units, which have no minimum headroom
4028 height. Within stairways obstructions shall be allowed to 5 feet 10 inches when the
4029 obstruction is not in the pattern of circulation and obstructions are not greater than 20%
4030 of the floor area of the stairway.
4031 8. Stairs in the interior or exterior of an existing building where stair jacks
4032 are replaced or more than fifty percent (50%) of the tread or risers are replaced shall meet
4033 the requirements of the applicable adopted state construction codeUBC, except that the
4034 minimum stair width shall be thirty inches (30") and the minimum headroom height shall
4035 be fivesix feet four inches (6'4").
4036 9. If because of the configuration of the horizontal and vertical distances an
4037 alternate stair configuration is more practical than the UBC requirement, or if HAAB
4038 finds that the stair rhythm is safe, HAAB may allow other configurations which are less
4039 uniform but achieve comparable safety, regardless of subsections C3 and C4 of this
4040 section.
4041 9.10. A stair tread, stair support, stair riser, landing or railing which is either
4042 missing or so severely in disrepair or damaged that it cannot support its intended live and
4043 dead loads shall be repaired.
4044 10.11. Interior stair landings shall have a minimum width of 28thirty inches (30")
4045 and a minimum length in the direction of travel of thirty30 inches (30").
4046 D. Guardrails:
4047 1. Guardrails shall be required for all balconies, porches, patios and open
4048 stairs more than thirty30 inches (30") above or below grade. Guardrails shall also be
4049 required for any grade change more than thirty30 inches (30") next to a walking surface.
4050 Guardrails shall not be less than forty two42 inches (42") in height, except for guardrails
4051 serving private dwelling units, which shall have a minimum height of thirty six36 inches
4052 (36"). Guardrails may have a minimum height of thirty six36 inches (36") if the building
4053 was built before 1970. Guardrails having a height less than thirty six36 inches (36") shall
111
LEGISLATIVE DRAFT
4054 be allowed if they were installed as part of the building's original construction and are not
4055 a replacement. For structures which are on the historic register or are contributory
4056 structures located within one of the city's historic districts, height of existing and
4057 replacement guardrails may be determined based upon standards adopted by the city's
4058 historic landmark committee.
4059 2. Guardrails shall have intermediate rails or an ornamental pattern such that
4060 there is no open area in excess of four4 inches (4") in diameter. The diameter of such
4061 open space may be nine9 inches (9") for buildings built before 1985, and six6 inches (6")
4062 for those built between 1985 and 1991.
4063 E. Smoke Detector Requirements:
4064 1. When smoke detectors are required in dwelling units by the applicable
4065 adopted state construction codeUBC, the detectors shall be mounted on the ceiling or
4066 wall at a point centrally located in the hallway or area giving access to rooms used for
4067 sleeping. In efficiency dwelling units, the detector shall be centrally located on the ceiling
4068 or wall of the main room or sleeping room.
4069 2. Where sleeping rooms are on an upper level, the detector shall be placed at
4070 the ceiling or wall directly above the stairway immediately outside the bedrooms. Wall
4071 mounted detectors shall be a minimum of four4 inches (4") and maximum of twelve12
4072 inches (12") from the ceiling, but no detector shall be mounted within twelve12 inches
4073 (12") of any corner formed by the meeting of walls, ceilings or beams unless
4074 manufacturer's listing specifies otherwise. When activated, the detector shall provide an
4075 alarm in the dwelling unit.
4076 3. When one or more sleeping rooms are added to or created within a
4077 structure, smoke detectors shall be installed in compliance with the manufacturer's listing
4078 and shall receive their primary power from the building wiring in compliance with the
4079 applicable adopted state construction codeUBC.
4080 4. All habitable rooms having a ceiling height of less than seven7 feet six6
4081 inches (7'6") shall have installed a one hundred twenty (120) volt electrical powered
4082 smoke detector.
4083 F. Fire Resistive Separations: Walls or ceilings separating dwelling units from each
4084 other and from hazardous uses shall be maintained in their original condition with all
4085 penetrations sealed or covered with an approved material. These separations include walls and
4086 ceilings separating a garage from a dwelling unit or common area and walls and ceilings
4087 separating furnace rooms in structures containing three (3) or more dwelling units. When fifty
4088 percent (50%) or more of a wall or ceiling is removed for any reason, the entire wall or ceiling
4089 shall be reconstructed to meet the requirements of the applicable adopted state construction
4090 codeUBC for one hour occupancy separation.
4091
4092 18.50.210: PLUMBING:
4093 A. Minimum Requirements:
112
LEGISLATIVE DRAFT
4094 1. Unless provided otherwise in this chapter, plumbing, piping and fixtures
4095 shall be in accordance with the code in effect at the time of installation.
4096 2. Plumbing, piping and fixtures shall have no leaks and shall be maintained
4097 in good condition. All waste lines shall be connected to an approved sewer system.
4098 3. The minimum plumbing fixtures required for dwelling units are a
4099 bathroom sink, toilet, tub or shower, and kitchen sink.
4100 4. Cold running water shall be plumbed to each toilet. Hot water shall be
4101 supplied to plumbing fixtures and plumbing appliances intended for bathing, washing or
4102 culinary purposesand cold running water plumbed to each bathroom sink, tub, shower
4103 and kitchen sink.
4104 5. Every sink, tub and shower shall be provided with hot water of at least one
4105 hundred ten degrees Fahrenheit (110°F) and with cold water.
4106 65. A space without obstruction from floor to ceiling of not less than twelve12
4107 inches (12") shall be in front of all toilets. Toilets shall be located in a space without
4108 obstruction from floor to ceiling of not less than twenty two22 inches (22") in width. No
4109 encroachments of these dimensions are permitted.
4110 76. Where vents do not exist for plumbing fixtures meeting the applicable
4111 codes in effect at the time of their installation, vents need not be installed when the
4112 plumbing fixture or trap and trap arm is replaced providing the sewer line is not altered.
4113 B. Water Heaters: Water heaters shall comply with the construction codes adopted in
4114 Section 18.04.040 or the construction code in effect at the time of installationand boilers shall
4115 have a listed combination temperature and pressure relief valve and relief valve discharge pipe.
4116 All new installations of water heaters and boilers, when located above a finished space, shall
4117 include a safe pan with an UPC approved drain piped to an approved drainage system. Existing
4118 water heaters and boilers shall have a temperature and pressure relief valve. The valve shall have
4119 a listed discharge pipe which discharges no nearer than six inches (6") to the floor and no further
4120 than two feet (2') from the floor. A temperature and pressure relief valve shall be required for
4121 water heaters only when a water heater was designed for such valve.
4122 C. Cross Connections: In order to protect against contamination of the water supply
4123 through cross connections, all water inlets for plumbing fixtures shall be located above the flood
4124 level rim of the fixture as defined in the UPC. Hoses or handheld shower heads shall not be
4125 attached in any manner that would permit water contamination during reverse pressure. Water
4126 supply pipes provided with an approved backflow preventer or antisiphon device as regulated in
4127 the UPC shall be permitted. Handheld shower heads shall be permitted when provided with a
4128 permanently mounted holder attached to the wall or shower pipe, or when an antisiphon device is
4129 installed. Water faucet outlets below the overflow rim of the fixture shall be permitted until the
4130 faucet is replaced. A new fixture shall not be installed where it would create a cross connection.
4131 D. Drains:
4132 1. Drain traps shall meet standards of the applicable adopted state
4133 construction codeUPC. Existing traps shall be allowed as originally designed. If the trap
113
LEGISLATIVE DRAFT
4134 has been modified it shall be replaced with an approved trap, and a vent shall be added as
4135 required by the applicable adopted state construction codeUPC.
4136 2. All open entrapped sewer lines and outlets shall be capped with an
4137 approved cap.
4138 E. Fixture Requirements: Every kitchen sink, tub, shower and toilet shall be
4139 provided with the minimum water pressure and quantities required by the codes adopted
4140 pursuant to Section 18.04.040a minimum of fifteen (15) psi of water pressure.
4141 F. Bathrooms Iin Rental Dwelling Units: Each rental dwelling unit shall have a
4142 bathroom within the dwelling unit. Every toilet and bathtub or shower required by this code shall
4143 be in a room which will afford privacy to the occupant.
4144 G. Congregate Housing:
4145 1. The minimum plumbing fixtures required for congregate housing are a
4146 sink, toilet, and tub or shower for each ten (10) occupants or portion thereof and a kitchen
4147 sink. Bathrooms shall have installed a door with privacy lock.
4148 2. Congregate housing that does not provide private toilets, sinks, bathtubs or
4149 showers shall have on each floor, accessible from a public corridor, at least one toilet, one
4150 sink, and one bathtub with shower or one separate shower for each ten (10) occupants or
4151 portion thereof. For each additional ten (10) occupants, or portion thereof, an additional
4152 one toilet, one sink and one bathtub or shower accessible from a public corridor shall be
4153 provided.
4154
4155 18.50.220: MECHANICAL:
4156 A. Mechanical Equipment:
4157 1. Existing Installations: Mechanical systems lawfully in existence at the
4158 time of the adoption of this code may have their use, maintenance or repair continued if
4159 the use, maintenance or repair is in accordance with the original design and location and
4160 no hazard to life, health or property has been created by such mechanical system.
4161 2. Compliance: All mechanical equipment shall be in accordance with the
4162 code in effect at the time of installation.
4163 3. Maintenance: All mechanical equipment shall be properly maintained and
4164 shall be operated in a safe manner.
4165 B. Heating:
4166 1. Temperature: Heating shall be provided by a permanently installed heating
4167 system capable of heating all habitable rooms and bathrooms to a minimum of sixty eight
4168 degrees (68°), which shall be measured in the center of the room at a height of three3 feet
4169 (3') from the floor.
114
LEGISLATIVE DRAFT
4170 2. Air Return: A return air duct which serves more than one dwelling unit
4171 shall not be permitted. A duplex or multiple dwelling unit legally constructed before 1970
4172 may have an existing common air return continued if the furnace was original
4173 installation. Existing common air return installations shall be allowed to continue when a
4174 listed smoke detector fan shutoff is installed in the return air duct of units constructed
4175 before 1985. Common air returns shall not be allowed in buildings constructed after
4176 1985.
4177 3. Fuel Burning Appliances:
4178 a. Except for direct vented appliances, gas furnaces and gas water
4179 heaters shall not be permitted in bedrooms, in bathrooms or in closets accessed
4180 only from a bedroom or a bathroom. Existing furnace rooms with access only
4181 through an existing bedroom may continue to exist when a one hundred twenty
4182 (120) volt smoke detector is installed in the bedroom and relayed to a smoke
4183 detector installed in the furnace room. All combustion air is to be supplied from
4184 outside air.
4185 b. Gas shutoff valves are required on all gas appliances. Shutoff
4186 valves shall be installed in accordance with the applicable adopted state
4187 construction codeUMC.
4188 c. All fireplaces, wood burning stoves, and all other appliances
4189 producing combustible gas byproducts shall be connected to an operating
4190 chimney or approved flue. All flues and vents shall be installed in compliance
4191 with EPA requirements and the requirements of the applicable adopted state
4192 construction codeUMC in effect at the time of installation.
4193 d. All fuel burning appliances shall be provided with combustion air
4194 per the requirements of their listing and with the applicable adopted state
4195 construction codeUPC and UMC in effect at the time of their installation.
4196 e. All fuel burning appliances shall be provided with listed clearances
4197 and maintained in good working condition and in accordance with their listing.
4198 f. All ventilation fans shall be installed according to their listing and
4199 maintained in good working condition.
4200 g. All ducts and vents shall be maintained according to original
4201 installation requirements.
4202
4203 18.50.230: ELECTRICAL:
4204 A. Safety: All electrical equipment, wiring and appliances shall be properly installed,
4205 maintained and used in a safe manner. Unless provided otherwise in this chapter, all electrical
4206 wiring and equipment shall be in accordance with the electrical code in effect at the time of
4207 installation. All conductors shall be protected by fuses or circuit breakers that are adequately
4208 sized.
115
LEGISLATIVE DRAFT
4209 B. Electrical Equipment: Electrical equipment shall not exceed the load capacity of
4210 the service and branch circuits shall have adequately sized circuit breakers or fuses.
4211 C. Facilities Required: The following electric facilities must be furnished at a
4212 minimum and must be operable:
4213 1. Service: The minimum main service to any dwelling unit shall be sixty
4214 (60) amperes. Existing dwelling units with electrical services less than sixty (60) amps
4215 per dwelling unit which have no special electrical service loads, such as air conditioners,
4216 ranges, heating units and clothes dryers may continue to be operated without upgrading
4217 the service.
4218 2. Branch Circuits: Circuits supplying air conditioners, ranges, cooktops,
4219 stoves and heating appliances shall meet the requirements of the NEC. Branch circuits
4220 shall not be overfused.
4221 3. Receptacles: Every habitable room shall contain at least two (2) electrical
4222 receptacles or one electrical light fixture and one electrical receptacle. Grounding type
4223 receptacles shall only be used when connected to a grounding system. Existing
4224 nongrounding type receptacles may be replaced with grounding type receptacles where
4225 protected by a ground fault circuit interrupter.
4226 D. Upgrading Facilities:
4227 1. Service: When remodeling work is done, the service must be upgraded if
4228 required by the NEC.
4229 2. Circuits: When new circuits, outlets, switches, wiring and service panels
4230 are being installed, the installation shall meet the requirements of the NEC.
4231 3. Receptacles: Wiring, receptacles and switches may be replaced without
4232 upgrading so long as circuits are not overloaded.
4233 E. Lighting:
4234 1. Dwelling Units: Every toilet room, bathroom, laundry room, furnace
4235 room, interior stairway and hall shall contain at least one permanently mounted electric
4236 light fixture.
4237 2. Apartments, SROs Aand Congregate Housing:
4238 a. Lighting in the common areas shall be as follows: Aisles,
4239 passageways, stairwells, corridors, exitways and recesses related to and within the
4240 building complex shall be illuminated with a minimum of a forty (40) watt light
4241 bulb or equivalent for each two hundred (200) square feet of floor area; provided,
4242 that the spacing between lights shall not be greater than thirty30 feet (30').
4243 Structures containing three (3) dwelling units or less shall not be required to
4244 provide exit lighting when no lighting outlet has been previously provided.
4245 b. Every furnace room shall contain at least one electric lighting
4246 fixture.
116
LEGISLATIVE DRAFT
4247 c. Open parking lots and carports shall be provided with a minimum
4248 of one foot-candle of light on the parking surface during the hours of darkness.
4249 Lighting devices shall be protected by weather resistant covers and shall not cast
4250 glare on neighboring properties.
4251 F. General:
4252 1. All electrical panels, boxes, outlets and lighting fixtures shall have proper
4253 covers.
4254 2. Flexible cords, as defined in the NEC, shall be used only according to
4255 their listing and shall not be installed as permanent wiring or strung across exitways.
4256
4257 18.50.240: ENERGY CONSERVATION REQUIREMENTS:
4258 A. Upgrading: Existing residential units shall be upgraded whenever any of the
4259 following events occur:
4260 1. Whenever wallboard, plaster or other finish material is removed which
4261 exposes wall cavities of foundations, exterior walls, floors or ceilings, these spaces shall
4262 be insulated to the degree it is practical. Where attic and crawl space areas are insulated,
4263 the space shall be ventilated as per the currently adopted applicable state construction
4264 codeUBC.
4265 2. Where insulation increases the accumulation of snow, and the snow load
4266 capacity of the roof structure is exceeded, the roof members shall be upgraded to
4267 withstand the additional loads.
4268 3. When access is available to foundations of existing structures, foundations
4269 shall be insulated to the standard required by the applicable Utah energy code when
4270 remodeling of the structure is initiated.
4271 4. When boarded structures are renovated for reoccupancy, the structure shall
4272 be insulated to the following standards when wall, ceiling, roof or floor cavities are open
4273 or accessible: wall, R-11; ceilings and roofs, R-32; floors, R-7. Thermal resistance "R"
4274 shall have the meaning as defined in the Utah energy code.
4275 5. When new habitable space is created within an existing building envelope,
4276 all such spaces shall be insulated to the current Utah energy code standards.
4277 6. All replacement windows shall be double pane. Replacement glass for
4278 structures which are on the historic register or are contributory structures located within
4279 one of the city's historic districts may be determined based upon standards adopted by the
4280 city's historic landmark committee. Replacement metal windows shall have a thermal
4281 break. Single pane replacement glass may be installed on windows not designed to accept
4282 double pane glass.
4283 7. All exterior door replacements shall be weather stripped.
117
LEGISLATIVE DRAFT
4284 8. New mechanical equipment installed shall meet a minimum of eighty
4285 percent (80%) efficiency.
4286 9. Except for the other applicable requirements of this chapter, when a new
4287 addition is made to an existing residential structure, only the addition shall be made to
4288 comply with current Utah energy code standards.
4289 B. Exterior Door Aand Window Seals:
4290 1. Exterior doors and windows shall be weathertight. If broken, all panes
4291 shall be replaced with glazing in compliance with the applicable adopted state
4292 construction codesUBC.
4293 2. All doors and windows shall be properly caulked and weatherproofed.
4294
4295 SECTION 12. Repealing the text of Salt Lake City Code Chapter 18.52. That Chapter
4296 18.52 of the Salt Lake City Code (Technical Building Specifications: Mechanical Regulations) is
4297 hereby repealed in its entirety as follows:
4298 CHAPTER 18.52
4299 MECHANICAL REGULATIONS
4300
4301 18.52.010: DEFINITIONS:
4302 For the purpose of this title:
4303 ENERGY USING EQUIPMENT: That which is designed, constructed, erected or altered to
4304 operate by the use of fuel and/or power and shall include any devices and appurtenances or
4305 appliances, materials, ducts, pipes, piping, venting, gas piping, valves, fittings, fans, blowers and
4306 burners necessary to the performance of such functions that shall create comfort heating and/or
4307 cooling or power for work services.
4308 MECHANICAL SYSTEM: Means and shall include, but not be limited to, any heating, comfort
4309 cooling, ventilation and refrigeration systems, or energy using equipment.
4310
4311 18.52.020: UNIFORM MECHANICAL CODE ADOPTED:
4312 The edition of the uniform mechanical code, as adopted by the Utah uniform building code
4313 commission, is adopted by Salt Lake City as an ordinance, rules and regulations of Salt Lake
4314 City subject to the amendments and exceptions thereto as hereinafter set out, one copy of which
4315 code shall be filed for use and examination by the public in the office of the city recorder.
4316 Hereafter all references in this code to the uniform mechanical code shall mean the said edition
4317 adopted by the Utah uniform building code commission.
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4318
4319 18.52.040: MANUAL ON RECOMMENDED GOOD PRACTICES ADOPTED:
4320 "Recommended Good Practices For Gas Piping Appliance Installation, And Venting", Mountain
4321 Fuel Supply Company, revision of June 1980, is adopted by Salt Lake City as an ordinance, rules
4322 and regulations of the city, subject to the amendments and exceptions thereto as hereinafter set
4323 out, three (3) copies of which code have been filed for use and examination by the public in the
4324 office of the city recorder.
4325
4326 18.52.050: MECHANICAL PERMIT FEES:
4327 A. Any person desiring a permit required by this code shall, at the time of filing an
4328 application therefor, pay the fee shown on the Salt Lake City consolidated fee schedule to the
4329 city treasurer before the permit is valid. The basic fee for each permit requiring inspection is
4330 shown on the Salt Lake City consolidated fee schedule. In addition, the fee for each individual
4331 specialty item is shown on the Salt Lake City consolidated fee schedule.
4332
4333 SECTION 13. Repealing the text of Salt Lake City Code Chapter 18.56. That Chapter
4334 18.56 of the Salt Lake City Code (Technical Building Specifications: Plumbing Regulations) is
4335 hereby repealed in its entirety as follows:
4336 CHAPTER 18.56
4337 PLUMBING REGULATIONS
4338
4339 18.56.010: UNIFORM PLUMBING CODE ADOPTED:
4340 The uniform plumbing code, 1988 edition, published by the International Association Of
4341 Plumbing And Mechanical Officials as a code in book form, three (3) copies of which have been
4342 filed for use and examination by the public in the office of the city recorder, is hereby adopted,
4343 except as such code may be altered or modified by the provisions of the ordinances of Salt Lake
4344 City.
4345
4346 18.56.020: PLUMBING SYSTEM DEFINED:
4347 "Plumbing system" means all potable water supply and distribution pipes, all plumbing fixtures
4348 and traps, all drainage and vent pipes, and all building drains and appurtenances within the
4349 property lines of the premises except: a) fixed lawn sprinkler systems beyond backflow
4350 prevention devices, and b) building sewers and private wastewater disposal systems three feet
119
LEGISLATIVE DRAFT
4351 (3') or more beyond the outside walls of buildings. Included also are potable water treating or
4352 using equipment and water heaters.
4353
4354 18.56.030: WATER SUPPLY PORTION OF PLUMBING SYSTEM:
4355 The water supply portion of the plumbing system shall be considered to extend from the meter
4356 box (or the property line in the absence of a meter) to and throughout the building, terminating at
4357 an approved backflow prevention device or devices serving fixed lawn sprinklers. Included also
4358 are fire prevention and firefighting piping and equipment.
4359
4360 18.56.040: PLUMBING PERMIT FEES:
4361 A. Before a permit shall be valid, permit fees shall be paid to the city treasurer. The
4362 basic fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
4363 schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
4364 consolidated fee schedule.
4365 B. Fees for fire extinguishing systems shall be paid to the city treasurer as shown on
4366 the Salt Lake City consolidated fee schedule.
4367
4368 18.56.050: HOT WATER CAPACITY FOR RESIDENTIAL UNITS:
4369 All single-family residences which have central water heating units shall deliver a minimum
4370 capacity of thirty (30) gallons of one hundred forty degree Fahrenheit (140°F) water. Multiple
4371 units shall have a central water heating unit which shall deliver a minimum capacity of thirty
4372 (30) gallons of one hundred forty degree Fahrenheit (140°F) water per residential unit, when a
4373 central water heating unit is installed.
4374
4375 18.56.060: LOW FLUSH TOILETS; REQUIRED FOR BUILDING PERMIT:
4376 After the effective date hereof, no building permits shall be issued for new construction or
4377 remodeling of hotels, motels, apartment houses, dwellings or other structures which have toilets
4378 or water closets which use more than four (4) gallons of water per flush. Any toilets or water
4379 closets installed prior to said effective date shall meet the standards of this section when
4380 replaced. All fixtures installed pursuant to the provisions of this chapter shall be of a design such
4381 that the walls of the toilet or water closet bowl are thoroughly washed and contents discharged
4382 with each flush.
4383
4384 18.56.070: LOW FLUSH TOILETS; ON WATERSHED PROPERTY:
4385 After January 1, 1982, any toilets installed prior to the effective date hereof which are located on
4386 watersheds in Salt Lake County, or canyons contiguous to these watersheds, shall be replaced
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4387 with toilets or water closets which meet the standards for new construction or remodeling
4388 specified in section 2-5-29 of the revised ordinances of Salt Lake County, 1965, or its successor,
4389 as amended.
4390
4391 18.56.080: FLOOR DRAINS; DUAL FLANGE AND SAFE PANS REQUIRED:
4392 All floor drains, area drains and indirect waste receptors installed on any floor level other than
4393 slab on grade shall have a dual flange and safe pans installed, with a minimum of thirty six
4394 inches (36") square of approved material, unless they are part of an original pour of concrete.
4395
4396 18.56.100: SOVENT PLUMBING SYSTEMS:
4397 "Sovent" is an engineered drainage plumbing system that does not meet conventional code
4398 requirements as found in the uniform plumbing code, 1988 edition, as adopted by section
4399 18.56.010 of this chapter, or its successor section. The system is based on the combined
4400 hydraulic/pneumatic flow and performance characteristics of drainage plumbing products, and
4401 will be allowed for use in the city under the following provisions:
4402 A. Certification: The proprietor(s) of the engineered system shall certify that the
4403 plans meet the design requirements and shall also certify at the completion of the installation that
4404 they have inspected the system and that the system complies with the approved plans;
4405 B. Submittal Of Calculations: Submit hydraulic and pneumatic calculations for the
4406 proposed system before a permit is obtained;
4407 C. Offsets: A double offset shall be installed in the stack on floor levels where no
4408 fixture or branch connections are made;
4409 D. Deaerator Fitting: A deaerator fitting shall be located as close as possible to the
4410 base of the stack. No branch or fixture connections are permitted on this system downstream
4411 from the deaerator fitting. A full size bottom pressure relief line shall connect the deaerator
4412 fitting to the building drain at least ten (10) pipe diameters downstream from the base of the
4413 stack through a wye fitting rolled above the centerline. The full size bottom pressure relief line
4414 shall be provided with an accessible upper terminal cleanout;
4415 E. Prohibited Attachments: Pumpout, blowout, garbage disposal, clothes washing
4416 machine, or outlets from grease traps are prohibited in this system;
4417 F. Cleanouts: Accessible cleanouts shall be provided in all horizontal drains.
4418 Cleanouts shall be provided for each aggregate change of direction exceeding one hundred thirty
4419 five degrees (135°);
4420 G. Conventional Plumbing: Vents from conventional plumbing and pressure
4421 equalizing line vents from a sovent system shall not connect to the sovent stack below other
4422 drainage fittings;
121
LEGISLATIVE DRAFT
4423 H. Future Alterations: No alteration may be made without prior written permission
4424 from the division of building and housing services, and no provisions for future openings will be
4425 permitted on this system. This system shall be properly identified on each installation site. All
4426 buildings of B-2 occupancies with more than eight thousand (8,000) square feet per floor shall
4427 provide at least one 4-inch waste stack and one 4-inch vent stack for any alteration or additions.
4428
4429 18.56.105: MISCELLANEOUS PLUMBING REQUIREMENTS:
4430 A. Overflow roof drains shall not be connected to the primary roof drain lines.
4431 B. Overflow roof drains shall drain to a point where they can be easily seen for early
4432 problem detection.
4433 C. Fill valves for fire sprinkler storage tanks shall be equipped with an approved air
4434 gap on reduced pressure backflow preventer.
4435 D. Safe pan drains shall be no smaller than one and one-half inches (11/2") unless
4436 first approved by the administrative authority.
4437 E. Trough drains are prohibited unless first approved by the administrative authority.
4438 F. Drainage for gravity dump washers shall be by direct hookup to the building drain
4439 or to a sealed sump connected to the building drain. There shall be a floor drain immediately
4440 downstream of each gravity dump washer hookup.
4441
4442 18.56.110: UNSANITARY CONSTRUCTION AND CONDITIONS:
4443 Any portion of a plumbing system or any construction or work regulated by this title found or
4444 determined to be unsanitary, as defined in this title, or otherwise a menace to life, health or
4445 property, is hereby declared to be a public nuisance.
4446
4447 SECTION 14. Amending the text of Salt Lake City Code Chapter 18.64. That Chapter
4448 18.64 of the Salt Lake City Code (Additional Regulations: Demolition) shall be, and hereby is
4449 amended as follows:
4450 CHAPTER 18.64
4451 DEMOLITION
4452
4453 18.64.005: PURPOSE AND INTENT:
4454 A. The purpose of the provisions in this chapter is to:
122
LEGISLATIVE DRAFT
4455 1. Promote the public welfare by maintaining the integrity and continuity of
4456 the urban fabric and economic vitality;
4457 2. Provide an orderly and predictable process for demolition of buildings and
4458 structures when appropriate;
4459 3. Ensure demolition occurs safely;
4460 4. Protect utilities and other infrastructure from damage during demolition;
4461 5. Provide for enforcement of timely completion of demolition and for
4462 improvement of property following demolition to ensure the site is not detrimental to the
4463 use and enjoyment of surrounding property;
4464 6. Provide for enforcement and maintenance of property to avoid purposeful
4465 demolition by neglect; and
4466 7. Encourage preservation of the city's housing stock where appropriate.
4467 B. A primary intent of the city council with respect to this chapter is to promote
4468 responsible re-use of existing housing stock where practical and provide an orderly process for
4469 demolition where it is not practical or cost efficient to rebuild/reuse. Accordingly, the council
4470 finds that it is in the public interest to require existing buildings to be maintained in a manner
4471 that does not constitute a public nuisance until replaced by new construction, except as otherwise
4472 permitted by this code.
4473
4474 18.64.010: PERMIT REQUIRED:
4475 It is unlawful to demolish any building or structure in the city, or cause the same to be
4476 demolished, without first obtaining a permit for demolition of each such building or structure
4477 from the city building official as provided in this chapter.
4478
4479 18.64.020: APPLICATION FOR PERMIT:
4480 To obtain a permit for demolition, an applicant shall submit an application in writing on a form
4481 furnished by the building official for that purpose. Each application shall:
4482 A. Identify and describe the type of work to be performed under the permit;
4483 B. State the address of the structure or building to be demolished;
4484 C. Describe the building or structure to be demolished including the type of use, type
4485 of building construction, size and square footage, number of stories, and number of residential
4486 dwelling units (if any);
4487 D. Indicate the method and location of demolished material disposal;
4488 E. Identify the approximate date of commencement and completion of demolition;
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LEGISLATIVE DRAFT
4489 F. Indicate if fences, barricades, scaffolds or other protections are required by any
4490 city code for the demolition and, if so, their proposed location and compliance;
4491 G. State whether fill material will be required to restore the site to level grade after
4492 demolition and, if required, the approximate amount of fill material;
4493 H. If the building or structure to be demolished contains any dwelling units, state
4494 whether any of the dwelling units are presently occupied; and
4495 I. State the proposed use of the premises following demolition. If new construction
4496 is proposed following demolition, state the anticipated start date and whether any development
4497 applications have been submitted to and/or approved by the city.
4498 J. Affirm that the property will comply with the landscaping requirements for the
4499 zoning district that the property is located in as required under the provisions of Chapter 21A.48.
4500
4501 18.64.030: FEES AND SIGNATURE:
4502 A. The permit application shall be signed by the party or the party's authorized agent
4503 requesting the permit. A signature on the permit application constitutes a certification by the
4504 signee that the information contained in the application is true and correct.
4505 B. The fee for a demolition permit application shall be as shown on the Salt Lake
4506 City consolidated fee schedule.
4507 C. An additional fee for the cost of inspecting the property to determine compliance
4508 with the requirements of this chapter and to assure the property is kept free of weeds and junk
4509 materials shall be collected in the amount shown on the Salt Lake City consolidated fee schedule.
4510
4511 18.64.040: ISSUANCE OF DEMOLITION PERMIT:
4512 A. A demolition permit may be issued only upon completion of an application in
4513 accordance with Section 18.64.020 herein; or the chief building official or fire marshal orders
4514 immediate demolition:
4515 1. Due to an emergency as provided in Chapter 18.64, Article II of this title;
4516 or
4517 2. Because the premises have been damaged beyond repair because of a
4518 natural disaster, fire, or other similar event; or
4519 3. The chief building official or fire marshal authorizes immediate
4520 demolition because clearing of land is necessary to remove a nuisance as defined in this
4521 code or Section 76-10-801 et seq., Utah Code or its successor.
4522 B. If proposed demolition involves a landmark site, a contributing structure, or a
4523 structure located in the H Historic Preservation Overlay District, as provided in Section
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LEGISLATIVE DRAFT
4524 21A.34.020 of this code, or its successor, a demolition permit shall be issued only upon
4525 compliance with applicable provisions of that section or its successor.
4526
4527 18.64.045: DEMOLITION BY NEGLECT:
4528 The owner of a boarded building shall maintain the exterior of the building as provided in
4529 Sections 18.48.2535 and 18.50.140, "Exterior Maintenance", of this title or its successor.
4530
4531 18.64.050: RESIDENTIAL DEMOLITION NOTICE
4532 A. If the structure for which a demolition permit is sought contains one or more
4533 dwelling units, whether or not occupied, upon issuance of a demolition permit, the building
4534 official shall cause to be recorded against title to such real property in the official records of Salt
4535 Lake County a notice that contains the following information:
4536 1. Information about the demolished property as required by the city,
4537 including the number of dwelling units and respective number of bedrooms, and the amount of
4538 rent charged in the year prior to the demolition, and the level of affordability if the rent is a
4539 below market rate.
4540 2. Notice that the future development of the property may have specific
4541 development requirements under the City code, including without limitation the city’s
4542 community benefit policies in chapters 19 and 21A.50.050.
4543
4544 18.64.070: PREDEMOLITION SALVAGE PERMITS:
4545 A. A predemolition salvage permit shall be required for removal of doors, windows,
4546 special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks,
4547 marble, or similar materials on the exterior or interior of any building prior to demolition of the
4548 structure. A predemolition salvage permit may be issued only contemporaneously with, or after,
4549 city approval of:
4550 1. A building permit for new construction on the premises following
4551 demolition, or
4552 2. A demolition permit.
4553 B. A predemolition salvage permit fee shall be as shown on the Salt Lake City
4554 consolidated fee schedule.
4555
4556 18.64.080: EXPIRATION; DILIGENCE:
4557 A demolition permit shall expire forty five (45) calendar days from the date of issuance, unless a
4558 completion date allowing more time is requested and approved by the building official at the
125
LEGISLATIVE DRAFT
4559 time of application. A demolition permit may be renewed upon request prior to expiration with
4560 approval of the building official for one-half (1/2) of the original permit fee, provided continuous
4561 progress is being made. If a permit is allowed to expire without prior renewal, any subsequent
4562 request for reinstatement shall be accompanied by a reinstatement fee equal to the original
4563 demolition permit fee.
4564
4565 18.64.090: QUALIFICATIONS TO DO WORK:
4566 A. It shall be unlawful for demolition work permitted under this chapter to be
4567 performed except by a wrecking and demolition contractor having a general contractor or
4568 demolition license in good standing issued by the Division of Occupational and Professional
4569 Licensing in the Utah Department of Commerce.
4570 B. Salvage work under a predemolition salvage permit may be done without a
4571 contractor's license provided all other applicable conditions of this chapter are met.
4572
4573 18.64.100: DEMOLITION REQUIREMENTS:
4574 A. Prior to the commencement of any demolition or moving, the permittee shall plug
4575 all sewer laterals at or near sidewalk lines as staked out by the department of public utilities. No
4576 excavation shall be covered until such plugging is approved by the department or by the building
4577 official. The permittee shall further ensure all utility services to the structure and/or premises
4578 have been shut off and meters removed prior to commencement of demolition work.
4579 B. When the applicant indicates the demolition will require more than thirty (30)
4580 days to complete, and where required by the building official for the safety of the public, the
4581 applicant shall also provide plans to fence the demolition site so that it is inaccessible to
4582 unauthorized persons in a manner acceptable to the building official. The building official may
4583 waive the fencing requirement if it is determined that fencing would be inappropriate or
4584 unnecessary to protect safety or health.
4585 C. A permit for demolition shall require that all materials comprising part of the
4586 existing structure(s), including the foundation and footings, be removed from the site. Unless
4587 otherwise approved under a building permit for redevelopment of the site, the depression caused
4588 by the removal of such debris shall be filled back and compacted to the original grade, as
4589 approved by the building official, with fill material excluding detrimental amounts of organic
4590 material or large dimension nonorganic material.
4591 D. Permitted demolition work, including filling and leveling back to grade and
4592 removal of required pedestrian walkways and fences, shall be completed within the permit period
4593 unless the building official finds that any part of the foundation of building or site will form an
4594 integral part of a new structure to be erected on the same site for which plans have already been
4595 approved by the building services and licensing division. In such event, the building official may
4596 approve plans for appropriate adjustments to the completion time and may impose reasonable
4597 conditions including the posting of a bond, erection of fences, securing, or similar preventions to
4598 ensure the site does not create a hazard after the demolition is completed.
126
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4599
4600 18.64.110: RELATIONSHIP TO OTHER ORDINANCE:
4601 Provisions of this chapter shall be subordinate to any contrary specific provisions of Title 21A,
4602 Chapter 21A.34 of this code, dealing with demolition in historic districts, or its successor.
4603
4604 18.64.120: VIOLATIONS:
4605 A. It is unlawful for the owner of a building or structure to violate the provisions of
4606 this chapter. Each day a violation occurs shall be a separate offense.
4607 B. Violation of the provisions of this chapter shall be punishable in accordance with
4608 Chapter 18.24is punishable as a class B misdemeanor or by imposing a civil penalty as provided
4609 in Section 21A.20.010 et seq., of this code.
4610
4611 ARTICLE II. EMERGENCY DEMOLITION
4612
4613 18.64.130: PURPOSE:
4614 Notwithstanding the other provisions of this chapter, the process for demolishing buildings in an
4615 emergency situation shall be as provided by this article.
4616
4617 18.64.140: EMERGENCY DEMOLITIONS APPLICABILITY:
4618 A. If the building official determines that the walls or roof of a building or structure
4619 are collapsing, either in whole or in part, or in imminent danger of collapsing in such a way as to
4620 fall on other structures, property, or public rights of way, are a public nuisance, or create a
4621 danger to persons who may enter the property, or create a danger of fire, the building official
4622 may issue an order that the building should be demolished pursuant to this article. A notice and
4623 order reflecting this determination shall be issued and delivered in accordance with Section
4624 18.24.040.
4625 B. If the city’s fire marshal determines that a building or structure that has been
4626 affected by fire presents an impermissible danger to persons who may enter the property, then
4627 the fire marshal may issue an order that the building should be demolished pursuant to this
4628 article. A notice and order reflecting this determination shall be issued and delivered in
4629 accordance with Section 18.24.040.
4630 C. If the building official or fire marshal declares an emergency demolition the
4631 requirements of Section 21A.34.020.F, or its successor, shall not apply.
4632
4633 18.64.150: RESERVEDEMERGENCY DEMOLITION:
127
LEGISLATIVE DRAFT
4634 If the chief building official declares an emergency, the notification and hearing provisions of
4635 section this chapter, or its successor, shall be waived and the building official may authorize
4636 immediate demolition of any structure that meets the standards of Section 18.64.140 of this
4637 chapter or its successor. The chief building official must make an emergency declaration in
4638 writing.
4639
4640 18.64.160: BILL FOR COSTS; COLLECTION:
4641 A. Permitted Recovery of Costs: If the building official or designee causes the
4642 emergency demolition of a building pursuant to a notice issued under Section 18.64.140, after
4643 the property owner received at least 10 days’ notice in which to complete demolition and failed
4644 to do so, the division may collect the city’s abatement costs which shall include the cost of the
4645 demolition contractor, costs of any environmental testing or environmental controls over
4646 demolition materials, and a reasonable amount to pay the costs of city personnel involved in the
4647 demolition, by filing a property tax lien, as set forth in this section.Upon the completion of any
4648 city demolition pursuant to this article, the city shall mail a bill to the property owner for the
4649 city's costs of demolition which shall include the cost of the demolition contractor and a
4650 reasonable amount to pay the costs of city personnel involved in the demolition.
4651 B. Itemized Statement of Costs: Upon completion of the demolition work, the
4652 building official or designee shall prepare an itemized statement of costs and mail it to the
4653 property owner by certified mail or using any reputable mail tracking service that is capable of
4654 confirming delivery, demanding payment within 30 days of the date the statement is post
4655 marked.If the bill is not paid within thirty (30) days, the city may take legal action to collect the
4656 bill.
4657 C. Form of Itemized Statement of Costs: The itemized statement of costs shall
4658 include:
4659 1. The address of the property at issue;
4660 2. An itemized list of all expenses incurred by the division, including
4661 administrative costs;
4662 3. A demand for payment;
4663 4. The address where payment is to be made;
4664 5. Notification that failure to timely pay the expenses described in the
4665 itemized statement may result in a lien on the property in accordance with this chapter
4666 and Utah Code Section 10-11-4 or its successor;
4667 6. Notification that the property owner may file a written objection to all or
4668 part of the statement within 20 days of the date the statement is postmarked; and
4669 7. Where the property owner may file the objection, including the name of
4670 the office and the mailing address.
4671 D. Delivery of Statement of Costs: The itemized statement of costs described in
4672 Subsection C shall be deemed delivered when mailed by certified mail or by any reputable mail
4673 tracking service that is capable of confirming delivery addressed to the last known address of the
4674 property owner, according to the records of the county recorder.
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4675 E. Objection to Statement of Costs: A property owner may appeal the statement of
4676 costs to the fines hearing officer pursuant to Section 18.12.050.
4677 F. Failure to Object or Pay: If the property owner fails to make payment of the
4678 amount set forth in the itemized statement within 30 days of the date of the mailing of that
4679 statement, or to file a timely objection, then the division may certify the past due costs and
4680 expenses to the Salt Lake County Treasurer.
4681 G. Failure to Pay After Objection Hearing: If the property owner files a timely
4682 objection but fails to make payment of any amount ordered by the fines hearing officer, the
4683 inspector may certify the past due costs and expense to the Salt Lake County Treasurer.
4684 H. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
4685 Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
4686 the district court, is a lien on the property, and shall be collected by the Salt Lake County
4687 Treasurer at the time of the payment of general taxes.
4688 I. Release of Lien: Upon payment of the amount set forth in the itemized statement
4689 of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
4690 satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
4691 general tax receipt issued by the county.
4692
4693 SECTION 15. Amending the text of Salt Lake City Code Section 18.68.160. That Section
4694 18.68.160 of the Salt Lake City Code (Additional Regulations: Floodplain Hazard Protection:
4695 Mandatory and Prohibitionary Nature of Chapter) shall be, and hereby is amended as follows:
4696 18.68.160: MANDATORY AND PROHIBITIONARY NATURE OF CHAPTER:
4697 A. Violations: It is unlawful for any person, firm or corporation to intentionally
4698 perform any act prohibited by this chapter or to intentionally fail to perform any act or comply
4699 with any requirement of this chapter or to aid or abet therein, or to fail or refuse to comply with
4700 any valid order called by the specified officials responsible to administer the provisions of this
4701 chapter. No permits shall be issued to any applicant during the time he/she shall fail to correct
4702 defective work or noncomplying work or violation exists after written notice by the official
4703 responsible for the permit or their designee. Any person, firm or corporation violating any of the
4704 provisions of this chapter shall be deemed guilty of a misdemeanor.
4705 B. Fines And Penalties: Upon conviction for such violations of this chapter, such
4706 party, if a person, shall be punishable as provided in section 1.12.050 of this code, or its
4707 successor. If such party is a corporation, association, partnership or governmental
4708 instrumentality, such party may be subject to a fine not exceeding two thousand dollars
4709 ($2,000.00) and/or imprisonment of not more than six (6) months.
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4710 SECTION 15. Amending the text of Salt Lake City Code Chapter 18.76. That Chapter
4711 18.76 of the Salt Lake City Code (Additional Regulations: Mobile Home Parks) shall be, and
4712 hereby is amended as follows:
4713 CHAPTER 18.76
4714 MOBILE HOME PARKS
4715
4716 18.76.010: DEFINITIONS:
4717 For the purposes of this chapter, the following definitions shall apply:
4718 CABANA: A room enclosure erected or constructed adjacent to a mobile home for residential
4719 use by the occupant of the mobile home.
4720 DEPENDENT RECREATIONAL VEHICLE: A unit other than a self- contained unit.
4721 HOOKUP: The arrangement and connection of parts, circuits and materials employed in the
4722 connections required between the mobile home or recreational vehicle utility outlets and inlets
4723 and the park service connections that make the mobile home or recreational vehicle operational.
4724 MOBILE HOME: A factory assembled structure or structures equipped with the necessary
4725 service connections and constructed to be readily mobile as a unit or units on its own running
4726 gear, and designed to be used as a dwelling unit without a permanent foundation.
4727 MOBILE HOME PARK: A contiguous parcel of land which, after having the approval of the
4728 city planning commission, is used for the accommodation of occupied mobile homes.
4729 MOBILE HOME SPACE OR LOT: A designated portion of a mobile home park designed for
4730 the accommodation of one mobile home and its accessory buildings or structures for the
4731 exclusive use of the occupants.
4732 MOBILE HOME STAND OR PAD: That part of the mobile home space which has been
4733 prepared and reserved for the placement of one mobile home.
4734 MOTOR HOME: A self-propelled vehicular unit primarily designed as a temporary dwelling for
4735 travel, recreational and vacation use.
4736 PARK DRAINAGE SYSTEM: The entire system of drainage piping used to convey sewage and
4737 other wastes from the mobile home or recreational vehicle drainage outlet connection, at the
4738 mobile home or recreational vehicle site, to the property line connection with the sewer lateral
4739 from the main line sewer.
4740 PARK PLUMBING SYSTEM: Means and includes, but is not limited to, the park drainage and
4741 water supply systems within the park property lines.
4742 PARK WATER SUPPLY SYSTEM: All of the water supply piping within the park, and shall
4743 extend from the water meter to the mobile home or recreational vehicle water supply system, and
130
LEGISLATIVE DRAFT
4744 shall include main and branch service lines, fixtures, devices, piping in service buildings, and
4745 appurtenances thereto.
4746 RAMADA: Any freestanding roof or shade structure installed or erected above an occupied
4747 mobile home or any portion thereof.
4748 RECREATIONAL VEHICLE: A vehicular unit, other than a mobile home, primarily designed
4749 as a temporary dwelling for travel, recreational and vacational use, which is either self-propelled
4750 or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a
4751 camp trailer, a truck camper, or a motor home.
4752 RECREATIONAL VEHICLE PARK: A site, lot, tract or parcel of land upon which one or more
4753 recreational vehicles are parked for temporary use as living quarters.
4754 RECREATIONAL VEHICLE SPACE: A plot of ground within a recreational vehicle park to
4755 accommodate one recreational vehicle.
4756 RECREATIONAL VEHICLE STAND OR PAD: That part of the recreational vehicle space
4757 which has been prepared and reserved for the placement of one recreational vehicle.
4758 SELF-CONTAINED RECREATIONAL VEHICLE: A unit which:
4759 A. Can operate independent of connections to external sewer, water and electrical
4760 systems; and
4761 B. Has a toilet and holding tank for liquid waste; and
4762 C. Contains water storage facilities and may contain a lavatory, kitchen sink and/or
4763 bath facilities connected to the holding tank; provided, however, that all facilities shall be in
4764 sound operating condition, and further provided that it may be connected to external electric,
4765 water and sewer systems.
4766 SERVICE BUILDING: A building housing separate toilet and bathing facilities for men and
4767 women and which may also have laundry facilities, flushing rim sink, and other facilities as may
4768 be required by this title, and which shall be apart from the facilities within the mobile home or
4769 recreational vehicle.
4770 SEWER CONNECTION: All pipes, fittings and appurtenances installed to carry sewage from
4771 the mobile home or recreational vehicle drain outlet to the inlet provided in the park drainage
4772 system.
4773 SEWER RISER PIPE: That portion of the park sewer lateral which extends vertically to the
4774 ground elevation and terminates at each mobile or recreational vehicle space.
4775 TRAVEL TRAILER: A vehicular, portable unit, mounted on wheels, not requiring a special
4776 highway movement permit when drawn by a motorized vehicle, and:
4777 A. Designed as a temporary dwelling for travel, recreational and vacation use; and
4778 B. When factory equipped for the road, having a body width of not more than eight8
4779 feet (8') and a body length of not more than thirty two32 feet (32').
131
LEGISLATIVE DRAFT
4780 WATER CONNECTION: All pipes, fittings and appurtenances from the water riser pipe
4781 connection to the water inlet connection of the mobile home or recreational vehicle.
4782 WATER RISER PIPE: That portion of the park water supply system which extends vertically to
4783 the ground elevation and terminates at a designated point at each mobile home or recreational
4784 vehicle space.
4785
4786 18.76.020: RESERVEDCOMPLIANCE WITH ZONING PROVISIONS:
4787 The appeals hearing officer may permit the use of land in any district for a mobile home park
4788 provided that in all cases there is compliance with the conditions in title 21A of this code. (Ord.
4789 8-12, 2012)
4790
4791 18.76.030: PERMITS, LICENSE AND COMPLIANCE REQUIRED:
4792 It is unlawful for any person to construct, maintain or operate a mobile home or recreational
4793 vehicle park within the limits of the city unless such person complies with this title and all other
4794 pertinent provisions of this code, and first obtains approval, permits and licenses as required.
4795
4796 18.76.040: RESERVEDEXISTING PARKS:
4797 Mobile home and recreational vehicle parks legally existing at the time of the effective date of
4798 the ordinance codified herein may continue to operate on the same basis as under nonconforming
4799 uses, as set forth in the current Salt Lake City zoning ordinance.
4800
4801 18.76.050: CONSTRUCTION PERMITS REQUIRED; FEES:
4802 Mobile home park construction permits required by the division shall be issued to properly
4803 licensed contractors as follows:
4804 A. A general building permit fee shown on the Salt Lake City consolidated fee
4805 schedule, to be issued for pads, patio slabs, metal sheds (sheds to be installed by mobile home
4806 occupant), curb, gutter, drives, piers, sidewalks, fence or wall, per mobile home space;
4807 B. Electric meter stands or pedestals at the rate shown on the Salt Lake City
4808 consolidated fee schedule;
4809 C. The park plumbing system, including sewer and water risers, shall require the fee
4810 shown on the Salt Lake City consolidated fee schedule, for each space;
4811 D. All permanent buildings, swimming pools, etc., shall have permit fees assessed at
4812 the regular and normal fee schedule;
4813 E. Fire hydrants within the property lines shall require a permit fee shown on the Salt
4814 Lake City consolidated fee schedule, for each hydrant.
132
LEGISLATIVE DRAFT
4815
4816 18.76.060: RESERVEDPERMIT REQUIRED BEFORE COMMENCING WORK:
4817 Application for required permits shall be made by a duly licensed contractor and fees paid to the
4818 city treasurer before any work commences. A double fee permit shall be assessed if any work
4819 commences without first obtaining the required permit or permits.
4820
4821 18.76.070: RESERVEDPLANS AND LOT PLACEMENT:
4822 The location of the mobile home lot limits on the grounds shall be the same as shown on the
4823 approved plans. The degree of accuracy obtained by working with a scale on the plan and then a
4824 tape on the ground is acceptable. Mobile home lot markers shall be the responsibility of the
4825 mobile home park operator.
4826
4827 18.76.080: LOT MARKERS:
4828 The limits of each mobile home lot in a mobile home park shall be clearly marked on the ground
4829 by permanent flush stakes, markers, or other suitable means.
4830
4831 18.76.090: RESERVEDPERMANENT BUILDING DESIGN AND CONSTRUCTION:
4832 Every building, except a mobile home accessory building, shall be designed and constructed in
4833 accordance with this title.
4834
4835 18.76.100: ADDITIONS AND REMODELING OF PARKS:
4836 Existing mobile home and recreational vehicle parks may be enlarged or remodeled provided the
4837 addition or remodel conforms to all the provisions of this title.
4838
4839 18.76.110: RESERVEDACCESSORY BUILDINGS; PERMIT AND PLAN
4840 REQUIREMENTS:
4841 Prior to the installation of accessory buildings or structures in a mobile home lot, within a mobile
4842 home park, two (2) copies of a completely dimensioned plot plan drawn to scale and in
4843 accordance with the approved development plan shall be submitted to the division and a permit
4844 obtained. The plot plan shall show the size and location of the mobile home, the identification
4845 number, and the dimensions of the approved lot space, the dimension and location of the
4846 proposed structure, and its dimensional relation to immediate mobile homes and/or structures.
4847
4848 18.76.120: RESERVEDACCESSORY BUILDINGS; CONSTRUCTION STANDARDS:
133
LEGISLATIVE DRAFT
4849 A. Standards Applicable: Every accessory building or structure, including, but not
4850 limited to, cabanas, ramadas, awnings, patio covers and carports, shall be constructed in
4851 accordance with the provisions of the latest ANSI standard A119.3. No building nor any portion
4852 of any building shall be supported in any manner by a mobile home.
4853 B. Exception: Roof structures such as patio covers and awnings used as temporary
4854 shelter adjacent to a mobile home may be attached to the side of a mobile home, provided they
4855 project not more than ten feet (10') from the side of the mobile home and have at least the upper
4856 one-half (1/2) of the perimeter open or screened, with the remaining construction of nonbearing
4857 enclosing walls.
4858
4859 18.76.130: RESERVEDCARPORTS, RAMADAS AND COVERED PATIOS:
4860 Attached carports or ramadas shall be completely open except for necessary structural supports.
4861 Covered patios and similar structures may be enclosed, provided the construction conforms to
4862 the requirements of the latest ANSI standard A119.3, except as provided in this title.
4863
4864 18.76.140: RESERVEDRECREATIONAL VEHICLE AREA APPROVED WHEN:
4865 Where the mobile home park has direct access to a major highway, the appeals hearing officer
4866 may approve the use of a portion of the park as a recreational vehicle park, provided the same
4867 design standards are maintained.
4868
4869 18.76.150: UNDERGROUNDING OF UTILITIES:
4870 The complete distribution system or collection system of any utility shall be underground.
4871
4872 18.76.160: SEWER CONNECTIONS AND FEES:
4873 All present and normally assessed applicable fees set forth in the Salt Lake City consolidated fee
4874 schedule shall be paid prior to occupancy of any mobile home, including those fees due to the
4875 engineering department for sewer lateral connection from the property line to the sewer main line
4876 in the street.
4877
4878 18.76.170: STREET SURFACING REQUIREMENTS:
4879 All streets shall be provided with a smooth, hard and dense surface which shall be durable and
4880 well drained under normal use and weather conditions. The surface shall be maintained free of
4881 cracks and holes, and its edges shall be protected by suitable means to prevent traveling and
4882 shifting of the base.
134
LEGISLATIVE DRAFT
4883 18.76.180: STREETLIGHTS:
4884 Lighting shall be designed to produce a minimum of 0.1 foot- candle throughout the street
4885 system. Potentially hazardous locations, such as major street intersections and steps or stepped
4886 ramps, shall be individually illuminated with a minimum of 0.3 foot-candle.
4887
4888 18.76.190: LANDSCAPING:
4889 Portions of a mobile home lot or recreational vehicle space not occupied by a mobile home or
4890 recreational vehicle or accessory buildings or structures shall be landscaped or treated in such a
4891 manner as to eliminate dust, weeds, debris and accumulation of rubbish.
4892
4893 18.76.200: UNLAWFUL AND HAZARDOUS USES:
4894 No person shall use, permit, or cause to be used for occupancy or storage purposes in a mobile
4895 home park a mobile home which is structurally unsound, which constitutes a hazard, or which
4896 does not protect its occupants against the elements. All mobile homes are subject to Chapter
4897 18.50.
4898
4899 18.76.210: VIOLATION; NOTICE TO DISCONTINUE:
4900 Whenever any mobile home is being used contrary to the provisions of this chapter, the division
4901 may pursue such enforcement methods as permitted by this titleorder such use discontinued and
4902 the mobile home to be removed, relocated, or otherwise made to conform with the provisions of
4903 this title by notice served on any person responsible for the illegal use.
4904
4905 18.76.220: ENFORCEMENT OF PROVISIONS:
4906 The division is hereby designated and authorized as the officers charged with the enforcement of
4907 this chapter.
4908
4909 SECTION 16. Amending the text of Salt Lake City Code Chapter 18.80. That Chapter
4910 18.80 of the Salt Lake City Code (Additional Regulations: Parking Lot Construction) shall be,
4911 and hereby is repealed in its entirety as follows:
4912
4913 CHAPTER 18.80
4914 PARKING LOT CONSTRUCTION
135
LEGISLATIVE DRAFT
4915
4916 18.80.010: PARKING LOT DEFINED:
4917 "Parking lot" means an open area other than a street used for the parking of more than four (4)
4918 automobiles, and available for public use, whether free, for compensation, or as an
4919 accommodation for clients or customers.
4920
4921 18.80.020: PERMIT; REQUIRED FOR CONSTRUCTION; ISSUANCE CONDITIONS:
4922 No parking lot or parking area shall be constructed without first obtaining a permit authorizing
4923 such construction. No permit shall be issued without first securing the recommendations of the
4924 city transportation engineer and no permit shall be issued until the applicant has complied with
4925 the provisions of this chapter.
4926
4927 18.80.030: WALLS, SCREENING AND BUMPER CURB REQUIREMENTS:
4928 The parking lot shall be provided with attractive walls, guardrails or screening shrubbery, at least
4929 along the street side, to limit points of ingress and egress, to prevent encroachment of parked
4930 vehicles on any sidewalk, and to improve the general appearance and, where necessary, with a
4931 bumper curb parallel with the inside of the wall or guardrail at such distance that the wheels of
4932 the motor vehicles in the parking lot are stopped prior to the motor vehicle's contact with the wall
4933 or guardrail.
4934
4935 18.80.040: DRIVEWAY RESTRICTIONS:
4936 Driveways must not exceed thirty feet (30') in width where they cross the sidewalk; adjacent
4937 driveways must be separated by an island at least twelve feet (12') in width; and driveways must
4938 be at least ten feet (10') from the property line of any intersecting street.
4939
4940 18.80.050: BUILDINGS FOR ATTENDANTS:
4941 Attendant buildings must be located far enough from the entrance to prevent congestion at the
4942 sidewalk, and must be constructed so as not to detract from the appearance of the surrounding
4943 neighborhood. Every operator of a parking lot, before constructing or reconstructing, or locating
4944 or relocating an attendant building, shall secure the approval of the city transportation engineer
4945 and the city planning director.
4946
4947 18.80.060: SURFACING OF PARKING AREA:
4948 Ground surfaces of the parking area shall be paved or hard surfaced.
136
LEGISLATIVE DRAFT
4949 18.80.070: LIGHTING FACILITIES; REQUIRED WHEN:
4950 Parking lots which are operated and open to use during the hours of darkness after one hour after
4951 sunset shall be provided with lights and lighting facilities that will provide 0.03 watt per square
4952 foot with incandescent light source, or 0.01 watt per square foot with either mercury vapor or
4953 fluorescent light source, but in no event less than 0.2 foot-candle average maintained
4954 illumination on the entire parking lot surface and an average ratio of six to one (6:1).
4955
4956 18.80.080: LIGHTING FACILITIES; PERMIT AND PLAN REQUIRED:
4957 Before installing the lighting facilities required by section 18.80.070 of this chapter, or its
4958 successor, and before altering or adding to any lighting facilities presently existing, the operator
4959 of a parking lot shall first make application to the building official for a permit, and shall submit
4960 with such application a detailed plan for such facilities. If it shall be found that the installation
4961 will conform to the requirements of this chapter and the electrical code, a permit shall be issued
4962 upon payment of the fee required by the electrical code covering work in commercial and
4963 industrial property.
4964
4965 18.80.090: CAR CAPACITY AND MANEUVERING:
4966 The maximum car capacity indicated on the application shall be reasonable, and the arrangement
4967 of parking facilities shall not necessitate the backing of cars onto adjoining public sidewalks,
4968 parkways, roadways or thoroughfares in conducting parking and unparking operations.
4969
4970 18.80.100: CLEANUP OF WASTE AND LITTER:
4971 Every operator of a "parking lot", as defined in this chapter, whether such operator is owner,
4972 lessee, representative or agent, shall keep such parking lot in a clean condition at all times, free
4973 from all kinds of refuse and waste material. It shall be sufficient compliance with this section to
4974 clear the parking lot from refuse and waste material once each day.
4975
4976 18.80.110: ENFORCEMENT OF PROVISIONS:
4977 It shall be the duty of the building official to enforce the provisions of this chapter with respect to
4978 lighting facilities. It shall be the duty of the board of health to enforce the provisions of this
4979 chapter as to keeping the premises in a clean condition.
4980
4981 18.80.120: FAILURE TO COMPLY WITH CHAPTER PROVISIONS:
4982 It is unlawful for any operator of a "parking lot", as defined in this chapter, whether such person
4983 is owner, lessee, representative or agent, to fail to comply with, or to violate any provision of this
4984 chapter.
137
LEGISLATIVE DRAFT
4985
4986 SECTION 17. Repealing the text of Salt Lake City Code Chapter 18.92. That Chapter
4987 18.92 of the Salt Lake City Code (Additional Regulations: Building Conservation Code) shall be,
4988 and hereby is repealed in its entirety as follows:
4989
4990 CHAPTER 18.92
4991 BUILDING CONSERVATION CODE
4992
4993 18.92.010: UNIFORM CODE FOR BUILDING CONSERVATION ADOPTED BY
4994 REFERENCE:
4995 The uniform code for building conservation, 1988 edition, is adopted by the city as the
4996 ordinances, rules and regulations of the city, subject to the amendments and exceptions thereto as
4997 hereinafter set out. Three (3) copies of the code shall be filed for use and examination by the
4998 public in the office of the city recorder.
4999
5000 18.92.020: EXCEPTION TO SECTION 402(d) AMENDED:
5001 The exception to section 402(d) of the code is amended to read as follows:
5002 Exception: Existing corridor walls, ceilings and opening protection not in compliance with the
5003 above may be continued when the corridors and common areas are protected with an approved
5004 automatic sprinkler system. Such sprinkler system may be supplied from the domestic water
5005 supply system, provided the system is of adequate pressure, capacity and sizing for the combined
5006 domestic and sprinkler requirements. When the building or floor changes occupancy, the entire
5007 floor or building must be protected with an approved automatic sprinkler system throughout.
5008
5009 18.92.030: SECTION 403 AMENDED:
5010 Section 403 of the code is amended by deleting the following sentence:
5011 Roofs, floors, walls, foundations and all structural components of buildings or structures shall be
5012 capable of resisting the forces and loads specified in chapter 23 of the building code.
5013
5014 18.92.040: EXCEPTION ADDED TO SECTION 606(1):
5015 An exception to section 606(1) is enacted to read as follows:
138
LEGISLATIVE DRAFT
5016 Exception: Existing nonconforming materials do not need to be surfaced with an approved fire
5017 retardant paint or finish when an automatic fire extinguishing system is installed throughout and
5018 the nonconforming materials can be substantiated as historic in character.
5019
5020 SECTION 18. Repealing the text of Salt Lake City Code Chapter 18.94. That Chapter
5021 18.94 of the Salt Lake City Code (Additional Regulations: Commercial Building Benchmarking
5022 and Market Transparency) shall be, and hereby is repealed in its entirety as follows:
5023 CHAPTER 18.94
5024 COMMERCIAL BUILDING BENCHMARKING AND MARKET TRANSPARENCY
5025
5026 18.94.010: PURPOSE:
5027 The purpose of this chapter is to promote long-term economic development in Salt Lake City
5028 through the enhanced energy efficiency of existing commercial buildings, and to reduce local air
5029 pollution and greenhouse gas emissions resulting from energy consumption in such buildings
5030 through increased energy efficiency, by requiring certain non-residential buildings to benchmark
5031 and report energy consumption and investigate opportunities to implement cost-effective
5032 building energy tune- ups. Promoting and recognizing efficient buildings will contribute to a
5033 cleaner environment and a more efficient use of energy resources.
5034
5035 18.94.020: SCOPE:
5036 The provisions of this chapter apply to buildings and building owners as follows:
5037 A. All buildings owned by the City, that are not used for residential purposes,
5038 wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
5039 21A.62.040 of this Code, with three thousand (3,000) square feet or more of gross floor area;
5040 provided, however, no building with less than twenty two thousand (22,000) square feet of gross
5041 floor area shall be subject to the provisions of section 18.94.080 of this chapter.
5042 B. All other governed buildings or campuses of buildings that are not used for
5043 residential purposes within Salt Lake City's geographic boundaries, where at least one of the
5044 buildings is comprised of at least twenty five thousand (25,000) square feet of gross floor area.
5045 To the extent a governed building contains elements or uses that are not included within the
5046 definition of a governed building under this chapter, the square footage of gross floor area of
5047 such elements or uses shall be excluded from the square footage of gross floor area of such
5048 building and shall not be considered a part of the governed building for purposes of this chapter.
5049 C. Exemptions:
139
LEGISLATIVE DRAFT
5050 1. Governed buildings that are new construction and the Certificate of
5051 Occupation was issued less than two (2) years prior to the applicable deadlines; or
5052 2. Governed buildings that do not have a Certificate of Occupation or
5053 temporary Certificate of Occupation for all twelve (12) months of the calendar year being
5054 benchmarked; or
5055 3. Governed buildings where a full demolition permit has been issued for the
5056 prior calendar year, provided that demolition work has commenced, some energy-related
5057 systems have been compromised, and legal occupancy is no longer possible at some point
5058 during the calendar year being benchmarked; or
5059 4. Governed buildings, including individual buildings or structures, that do
5060 not receive utility services; or
5061 5. Any of the following: a property or building that is not assessed ad
5062 valorem real property taxes by Salt Lake County, houses of worship, apartments,
5063 agricultural storage facilities and greenhouses, buildings used for heavy manufacturing
5064 purposes as defined in section 21A.62.040 of this Code, oil and gas production facilities,
5065 buildings that contain movie/television/radio production studios, soundstages, broadcast
5066 antennae, data center, or trading floor that together exceed ten percent (10%) of gross
5067 floor area.
5068 D. Governed buildings do not include properties owned by State or Federal
5069 government.
5070
5071 18.94.030: DEFINITIONS:
5072 BASE BUILDING SYSTEMS: A building assembly made up of various components that serve
5073 a specific function and that are controlled and operated by the owner or designee, including:
5074 A. The building envelope;
5075 B. The HVAC (heating ventilating and air conditioning) systems;
5076 C. Conveying systems;
5077 D. Electrical and lighting systems;
5078 E. Domestic hot water systems.
5079 BENCHMARK: To track and report the total energy consumed for a governed building for the
5080 previous calendar year and other descriptive information for such building as captured by the
5081 benchmarking tool. Total energy consumption may not include separately metered uses that are
5082 not integral to building operations, such as broadcast antennas and electric vehicle charging
5083 stations.
5084 BENCHMARKING SUBMISSION: A subset of:
5085 A. Information input into the benchmarking tool; and
140
LEGISLATIVE DRAFT
5086 B. Benchmarking information generated by the benchmarking tool.
5087 BENCHMARKING TOOL: The Energy Star portfolio manager or any replacement tool adopted
5088 by the U.S. Environmental Protection Agency, and any substantially similar tool approved by the
5089 Director.
5090 BUILDING ID NUMBER: The identification number that is unique to a governed building.
5091 BUILDING MANAGEMENT SYSTEM: A computer-based system that monitors and controls a
5092 building's mechanical and electrical equipment, such as HVAC, lighting, power, fire, and
5093 security systems, including an energy management system, incorporating interior temperature
5094 sensors and a central processing unit and controls, which are used to monitor and control gas,
5095 steam and oil usage, as applicable.
5096 CAMPUS: A collection of two (2) or more buildings where at least one of the buildings has at
5097 least twenty five thousand (25,000) square feet of gross floor area or more and that act as a single
5098 cohesive property with a single shared primary function, and are generally owned and operated
5099 by the same party.
5100 CITY PROPERTY: All buildings owned by the City, that are not used for residential purposes,
5101 wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
5102 21A.62.040 of this Code.
5103 DEPARTMENT: The Salt Lake City Department of Sustainability.
5104 DIRECTOR: The Director of the Salt Lake City Department of Sustainability.
5105 ENERGY STAR PORTFOLIO MANAGER: The tool developed and maintained by the U.S.
5106 Environmental Protection Agency to track and assess the relative energy performance of
5107 buildings nationwide.
5108 ENERGY STAR SCORE: The 1 - 100 numeric rating generated by the Energy Star portfolio
5109 manager tool.
5110 FINANCIAL HARDSHIP: A property that:
5111 A. Had arrears of property taxes or water or wastewater charges that resulted in the
5112 property's inclusion, within the prior two (2) years, on the City's annual tax lien sale list; or
5113 B. Has a court appointed receiver in control of the property due to financial distress;
5114 or
5115 C. Is owned by a financial institution through default by the borrower; or
5116 D. Has been acquired by a deed in lieu of foreclosure; or
5117 E. Has a senior mortgage subject to a notice of default.
5118 GOVERNED BUILDING: All stand-alone and enclosed buildings used or occupied for a
5119 commercial use, including:
5120 A. Banking/financial services;
141
LEGISLATIVE DRAFT
5121 B. Stand-alone data centers;
5122 C. Education (including K - 12, daycare, pre- school, vocational school);
5123 D. Entertainment/public assembly (including convention centers, gyms, movie
5124 theaters, performing arts, meeting halls, recreation centers);
5125 E. Food sales and services (including restaurants, supermarkets, grocery stores,
5126 convenience stores);
5127 F. Healthcare (including hospitals, medical offices, senior care communities,
5128 assisted living and nursing care);
5129 G. Lodging (including hotels, motels);
5130 H. Mixed use;
5131 I. Offices;
5132 J. Retail (including retail goods establishments, retail service establishments,
5133 department stores, mass merchandising stores, specialty stores, enclosed retail malls and
5134 shopping centers);
5135 K. Technology/science (including data centers and research facilities);
5136 L. Warehouses, distribution, and package delivery facilities.
5137 GROSS FLOOR AREA: All gross floor area, which is the area included within the exterior walls
5138 of a building or portion thereof, including mezzanines, enclosed interior balconies, enclosed
5139 porches, basement floor area, penthouses, attic space having headroom of seven feet (7') or more,
5140 and interior connected floor area devoted to accessory uses. Gross floor area does not include
5141 balconies, patios, crawl spaces, courts, convertible indoor/outdoor space, parking or loading
5142 areas, and covered walkways.
5143 HEAVY MANUFACTURING: The same as defined in section 21A.62.040 of this Code.
5144 OCCUPANCY: The physical occupancy of a unit or space by an occupant or a tenant.
5145 OWNER: Any of the following:
5146 A. An individual or entity possessing title to a governed property;
5147 B. The net lessee in the case of a property subject to a triple net lease with a single
5148 tenant;
5149 C. The Board of Managers in the case of a nonresidential condominium;
5150 D. An agent or party duly authorized to act on behalf of the owner.
5151 PERSISTENT COMMISSIONING: An ongoing process of comparing data obtained through the
5152 building management system with analytic models; identifying problematic sensors, controls and
5153 equipment; and resolving operating problems, optimizing energy use and identifying retrofits for
5154 existing buildings.
142
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5155 SHARED BENCHMARKING INFORMATION: Any descriptive information identifying
5156 governed buildings with Energy Star scores above 50, and any portions of the submitted
5157 benchmarking information that owner elects to be posted publicly on the department's website.
5158 SUBMITTED BENCHMARKING INFORMATION: Whole-building information generated by
5159 the benchmarking tool and descriptive information about the governed building and its
5160 operational characteristics, which is submitted to the department. The information shall be
5161 limited to:
5162 A. Descriptive information:
5163 1. Property address;
5164 2. Primary use type;
5165 3. Gross floor area;
5166 B. Output information:
5167 1. Site electricity consumption (kWh);
5168 2. Site natural gas consumption (therms);
5169 3. Site energy use intensity (site EUI);
5170 4. Weather normalized source energy use intensity (source EUI);
5171 5. Total annual greenhouse gas emissions;
5172 6. Water use per gross square foot (if available);
5173 7. The Energy Star score, where available; and
5174 C. Comparable information based on updates/revisions to Energy Star portfolio
5175 manager.
5176 TENANT: A person or entity occupying or holding possession of all or a portion of real
5177 property, or all or a portion of a governed building pursuant to a rental or lease agreement.
5178 TUNE-UP EVALUATION: A utility sponsored retro-commissioning process that systematically
5179 evaluates base building systems and identifies improvements to achieve optimal building
5180 performance. This includes planning, investigation, and documentation to optimize operation,
5181 maintenance and performance of the facility and/or its base building systems and assemblies.
5182 TUNE-UP EVALUATION REPORT: A report certified by the tune-up professional
5183 demonstrating that a tune-up evaluation was conducted through a utility-sponsored tune-up
5184 incentive program.
5185 TUNE-UP PROFESSIONAL: An individual or entity approved or utilized by local utilities to
5186 provide tune-up evaluation services or who possesses other substantially similar credential to
5187 perform a tune-up evaluation required by this chapter.
143
LEGISLATIVE DRAFT
5188 18.94.040: SUMMARY OF BUILDING ENERGY PERFORMANCE REQUIREMENTS
5189 AND INITIAL COMPLIANCE DATES:
5190
Properties Submitted
Benchmarking
Information Due
Shared
Benchmarking
Information Made
Publicly Available
Date When First
Tune-Up
Evaluation
Report Must Be
Filed
Frequency Of
Tune-Up
Evaluation
City property May 1, 2018 Sept. 1, 2018 May 1, 2020 Prior to Dec.
31 of every
fifth year
Governed
building (50,000
sq. ft. of gross
floor area or
larger)
May 1, 2019 Sept. 1, 2020 May 1, 2021 Prior to Dec.
31 of every
fifth year
Governed
building (25,000
to 49,999 sq. ft.
of gross floor
area)
May 1, 2020 Sept. 1, 2021 May 1, 2022 Prior to Dec.
31 of every
fifth year
5191
5192 18.94.050: BENCHMARKING AND BENCHMARKING SUBMISSION REQUIRED:
5193 A. Governed buildings and City properties shall be benchmarked annually for the
5194 previous calendar year according to the following schedule:
5195 1. Each City property shall be benchmarked no later than May 1, 2018, and
5196 every May 1 thereafter.
5197 2. Each governed building with a gross floor area of fifty thousand (50,000)
5198 square feet or more shall be benchmarked no later than May 1, 2019, and every May 1
5199 thereafter.
5200 3. Each governed building with a gross floor area of twenty five thousand
5201 (25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet shall be
5202 benchmarked no later than May 1, 2020, and every May 1 thereafter.
5203 B. Below is a summary table of the first benchmarking submission compliance dates:
5204
Properties Benchmarking Submission By Building Owner
City property May 1, 2018
144
LEGISLATIVE DRAFT
Governed building (50,000 square feet of gross floor area or larger)May 1, 2019
Governed building (25,000 to 49,999 square feet of gross floor area)May 1, 2020
5206
5207 C. Benchmarking shall be performed and/or verified by the owner.
5208 D. Before making a benchmarking submission the owner shall run all automated data
5209 quality checker functions available within the benchmarking tool, and shall correct all missing or
5210 incorrect information identified.
5211 E. If the current owner receives notification from the City that any information
5212 reported as part of the benchmarking submission is inaccurate or incomplete, the information so
5213 reported shall be amended in the benchmarking tool by the owner and the owner shall provide an
5214 updated benchmarking submission to the Director within sixty (60) days of the notification.
5215 F. Exceptions:
5216 1. Governed buildings whose average occupancy throughout the calendar
5217 year for which benchmarking is required is less than sixty percent (60%); or
5218 2. Governed buildings under financial hardship; or
5219 3. Due to special circumstances unique to the applicant's facility and not
5220 based on a condition caused by actions of the applicant, strict compliance with provisions
5221 of this chapter would cause undue hardship or would not be in the public interest; or
5222 4. An owner is unable to benchmark due to the failure of either a utility
5223 provider or a tenant (or both) to report the information necessary for the owner to
5224 complete any benchmarking submittal requirement.
5225 G. For properties qualifying for these exceptions, the owner shall file documentation,
5226 in such form and with such certifications as required by the Director, with the department in the
5227 year prior to the due date for the benchmarking submission, establishing that the governed
5228 building qualifies for such an exception.
5229 H. A randomly-selected subset of benchmarking submission not to exceed ten
5230 percent (10%) of the total benchmarking submissions completed in a given year may be subject
5231 to verification by the City. Such reviews shall be conducted in a way so as to preserve the
5232 anonymity of individual properties and shall be conducted at no cost to the owner.
5233 I. An owner may make a claim of confidentiality for any submitted benchmarking
5234 information pursuant to the limitations under State law.
5235
5236 18.94.060: BUILDING ENERGY PERFORMANCE TRANSPARENCY:
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LEGISLATIVE DRAFT
5237 A. The City shall make accessible to the public the shared benchmarking information
5238 for the previous calendar year.
5239 1. For each governed building with a gross floor area of fifty thousand
5240 (50,000) square feet or more, on or about September 1, 2020, and on or about each
5241 September 1 thereafter.
5242 2. For each governed building with a gross floor area of twenty five thousand
5243 (25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet, on or
5244 about September 1, 2021, and each September 1 thereafter.
5245 B. The department may, upon request, make available the submitted benchmarking
5246 information for the previous calendar year for an individual City property or governed building.
5247
5248 18.94.070: PROVIDING BENCHMARKING INFORMATION TO THE PROPERTY
5249 OWNER:
5250 A. Each tenant occupying a governed building shall, within sixty (60) days of a
5251 request by the owner and in a form to be determined by the Director, provide all information that
5252 cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
5253 requirements of this chapter.
5254
5255 18.94.080: TUNE-UP EVALUATIONS REQUIRED:
5256 A. Required: Tune-up evaluations are required for governed buildings and City
5257 properties that are eligible for participation in a utility-sponsored tune-up incentive program, as
5258 determined by the utility offering the incentive program and that have an Energy Star score of 49
5259 and below. Implementation of tune-up measures in addition to evaluations is encouraged but not
5260 required.
5261 B. Report: The owner shall conduct a tune-up evaluation of the base building
5262 systems of a qualifying governed building and file a tune-up evaluation report prior to December
5263 31 of the year in which the tune-up evaluation is being performed. The initial reporting year shall
5264 be determined by the last digit of the property's tax ID number as illustrated below, and
5265 subsequent tune-up evaluation shall be completed and tune-up evaluation reports filed every fifth
5266 year thereafter:
Last Digit Of Tax ID
Number
50,000 Square Feet And Above Of
Gross Floor Area
25,000 To 49,999 Square Feet Of
Gross Floor Area
Last Digit Of Tax ID
Number
50,000 Square Feet And Above Of
Gross Floor Area
25,000 To 49,999 Square Feet Of
Gross Floor Area
0 2021 2022
1 2021 2022
2 2022 2023
3 2022 2023
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LEGISLATIVE DRAFT
4 2023 2024
5 2023 2024
6 2024 2025
7 2024 2025
8 2025 2026
9 2025 2026
5268
5269 C. Report Submission: The owner shall submit the tune-up evaluation report to the
5270 City.
5271 D. Exceptions: Tune-up evaluations are not required if any of the following are met:
5272 1. If the governed building is less than five (5) years old; or
5273 2. If a registered design professional or tune-up professional certifies that:
5274 a. The governed building has an Energy Star score of 50 or above for
5275 the year prior to the first tune-up due date or for at least two (2) of the three (3)
5276 years preceding the due date of the governed building's tune-up evaluation report.
5277 b. There is no Energy Star rating for the building type and owner
5278 submits documentation that the property's energy performance is better than the
5279 energy performance of an average building of its type for two (2) of the three (3)
5280 years preceding the due date of the governed building's tune-up report.
5281 c. The governed building has received certification under the most
5282 recent LEED 2009 rating system for existing buildings or operation and
5283 maintenance, or existing buildings version 4 rating system or future iterations of
5284 LEED published by the U.S. Green Building Council or other substantially
5285 similar rating systems for existing buildings, for at least two (2) of the three (3)
5286 years preceding the due date for the governed building's tune-up evaluation
5287 reports.
5288 d. The governed building has performed a tune-up evaluation within
5289 the past five (5) years prior to the tune-up evaluation due date.
5290 3. If the governed building has a persistent commissioning program in place.
5291 For properties qualifying for these exceptions, the owner shall file documentation,
5292 in such form and with such certifications as required by the Director, with the
5293 department in the year prior to the due date for the tune-up report, establishing
5294 that the governed building qualifies for such an exception.
5295 E. Verification: A randomly-selected subset of tune-up evaluation reports not to
5296 exceed ten percent (10%) of the total tune-up evaluation reports completed in a given year may
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LEGISLATIVE DRAFT
5297 be subject to verification by the City. Such reviews shall be conducted in a way so as to preserve
5298 the anonymity of individual properties and shall be conducted at no cost to the owner.
5299
5300 18.94.090: NOTIFICATION:
5301 A. Between January 1 and March 1 of each year during which an owner is required
5302 to provide a benchmarking submission, the Director shall notify these owners of their obligation
5303 to benchmark performance for the previous calendar year through whatever means the Director
5304 so chooses.
5305
5306 18.94.100: VIOLATIONS AND ENFORCEMENT:
5307 A. If the Director determines that an owner has failed to comply with the
5308 requirements of this chapter or the owner submits incomplete or false information, the Director
5309 may issue up to three (3) written notices of noncompliance to the owner, allowing owner to cure
5310 such noncompliance within ninety (90) days after each notice of violation. After the third written
5311 notice of violation, the Director may impose a fine of up to five hundred dollars ($500.00) per
5312 violation thereafter not exceeding a total of one thousand dollars ($1,000.00) annually.
5313
5314 18.94.110: APPEALS PROCESS:
5315 A. Any owner affected by the Director's determination related to that owner's
5316 property regarding enforcement of this chapter may request, within thirty (30) days of owner's
5317 written notification of the Director's determination, in writing filed with the department, an
5318 appeal hearing before the Board of Appeals and Examiners, established under this title.
5319
5320 SECTION 18. Amending the text of Salt Lake City Code Chapter 18.95. That Chapter
5321 18.95 of the Salt Lake City Code (Additional Regulations: Use of LEED Standards in City
5322 Funded Construction) shall be, and hereby is amended as follows:
5323 CHAPTER 18.95
5324 USE OF LEED STANDARDS IN CITY FUNDED CONSTRUCTION
5325
5326 18.95.010: PURPOSE:
5327 The purpose of this chapter is to promote development consistent with sound environmental
5328 practices by requiring, subject to sSections 18.95.040, 18.95.050, and 18.95.120 of this chapter,
5329 that applicable building projects constructed with city construction funds obtain, at a minimum:
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LEGISLATIVE DRAFT
5330 a) "silver" for city owned and operated buildings, or b) "certified" for private building projects
5331 that receive city funds. These designations shall be from the "USGBC" as defined herein.
5332
5333 18.95.020: DEFINITIONS:
5334 As used in this chapter:
5335 APPLICABLE BUILDING PROJECT: The construction or major renovation of a commercial,
5336 multi-family residential, or municipal building that will contain more than ten thousand (10,000)
5337 square feet of occupied space when the design contract for such project commences on or after
5338 November 17, 2006.
5339 BOARD: The board of appeals and examiners created under chapter 18.12 of this title,
5340 hereinafter called "board".
5341 BUILDING OFFICIAL: The director of the division of building services or the designee of the
5342 director.
5343 CERTIFIED: The level of compliance with the leadership in energy and environmental design
5344 (LEED) standards designated as "certified" by the United States Green Building Council
5345 (USGBC).
5346 CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to sSubsection
5347 3.24.040A of this code or that employee's designee pursuant to sSection 3.24.050 of this code, or
5348 any successor to those sections.
5349 CITY CONSTRUCTION FUNDS: Funds that are authorized to be used for construction by the
5350 city council for use by any person or city department in order to construct an applicable building
5351 project, including, without limitation, loans, grants, and tax rebates. However, this term shall not
5352 apply to the funds of the library or redevelopment agency.
5353 CITY ENGINEER: The city employee designated pursuant to sSection 2.08.080 of this code or
5354 that employee's designee pursuant to sSection 3.24.050 of this code, or any successor to those
5355 sections.
5356 LEED STANDARD: The leadership in energy and environmental design (LEED) green building
5357 rating system for new construction and major renovations (LEED-NC) as adopted in November
5358 2002 and revised in November 2005, the LEED green building rating system for commercial
5359 interiors (LEED-CI) as adopted in November 2002, or the LEED green building rating system
5360 for existing buildings upgrades, operations and maintenance (LEED-EB) as adopted in October
5361 2004 and updated in July 2005.
5362 MAJOR RENOVATION: Work that demolishes space down to the shell structure and rebuilds it
5363 with new walls, ceilings, floors and systems, when such work affects more than twenty five
5364 percent (25%) of the building's square footage, and the affected space is at least ten thousand
5365 (10,000) square feet or larger.
5366 SILVER: The level of compliance with LEED standards designated as "silver" by the USGBC.
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5367 SUBSTANTIAL COMPLIANCE: A determination of good faith efforts to comply as further
5368 described in sSection 18.95.110 of this chapter.
5369 TEMPORARY STRUCTURE: Any proposed building that is intended to be in existence for five
5370 (5) years or less or any existing building that at the time it was constructed was intended to be in
5371 existence for five (5) years or less.
5372 USGBC: The organization known as the United States green building council.
5373
5374 18.95.030: APPLICATION:
5375 Whenever city construction funds are used for an applicable building project, such project shall
5376 at a minimum obtain a silver certification by the USGBC in the case of a city owned building
5377 project or certified certification in the case of all other projects, subject to the exceptions,
5378 waivers, and determinations of substantial compliance provided for in this chapter.
5379
5380 18.95.040: EXCEPTIONS:
5381 The provisions of this chapter shall not apply if the building official and either the chief
5382 procurement officer or the city engineer jointly determine in writing that any of the following
5383 circumstances exist:
5384 A. The applicable building project will serve a specialized, limited function, such as
5385 a pump station, garage, storage building, equipment area, or other similar area, or a single-
5386 family residence;
5387 B. The applicable building project is intended to be a temporary structure;
5388 C. The useful life of the applicable building project does not justify whatever
5389 additional expense would be incurred to increase the building's long term efficiency;
5390 D. The application of LEED standard factors will increase construction costs beyond
5391 the funding capacity for the project, or will require that the project's scope of work or
5392 programmatic needs be diminished to meet budget constraints;
5393 E. The use of LEED standard factors will create an impediment to construction due
5394 to conflicts of laws, building code requirements, federal or state grant funding requirements, or
5395 other similar requirements;
5396 F. LEED factors are not reasonably attainable due to the nature of the facilities or the
5397 schedule for construction; or
5398 G. LEED certification will violate any other federal, state or local law, including,
5399 without limitation, other sections of this code.
5400 If an exception is granted, the developer must agree to integrate green building practices into the
5401 design and construction of the project to the maximum extent possible and feasible. A
5402 determination that an exception does not apply may be appealed in accordance with Chapter
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5403 18.12to the board. Such appeal must be submitted in writing to the board within thirty (30) days
5404 of the determination.
5405
5406 18.95.050: WAIVERS:
5407 The denial of an exception pursuant to sSection 18.95.040 of this chapter does not preclude an
5408 application for waiver pursuant to this section. The board shall have the authority to grant a
5409 waiver from the requirements of this chapter only if it makes the following findings in writing:
5410 A. Literal enforcement of this chapter would cause unreasonable hardship for the
5411 applicant that is not necessary to carry out the general purpose of this chapter;
5412 B. There are special circumstances attached to the project that do not generally apply
5413 to other projects that are subject to this chapter;
5414 C. The waiver would not have a substantially negative effect on the master plans,
5415 policies, and resolutions of the city and would not be contrary to the purposes of this chapter;
5416 D. Any asserted economic hardship is not self-imposed; and
5417 E. The spirit of this chapter will be observed and substantial justice done.
5418
5419 18.95.060: APPEAL OF CITY DECISIONS:
5420 Appeals of decisions by the building official or enforcement officials pursuant to this chapter
5421 shall be taken in accordance with Chapter 18.12.Any private sector developer who is denied an
5422 exception, or a determination of substantial compliance, or who is assessed a penalty by the
5423 building official and either the chief procurement officer or the city engineer, may appeal such
5424 decision in writing to the board within thirty (30) days of the decision and shall state the basis to
5425 support the relief sought. The board shall review the circumstances of the appeal and shall issue
5426 a written determination of the receipt of the appeal within thirty (30) days consistent with the
5427 requirements of this section.
5428
5429 18.95.070: RESERVEDAPPEAL OF BOARD DECISIONS:
5430 Any private sector developer denied a waiver by the board or denied an exception, or
5431 determination of substantial compliance, or who has had financial penalties imposed on appeal to
5432 the board under this chapter may appeal such decision by the board in writing to the mayor or the
5433 mayor's designee within thirty (30) days of the decision and shall state the basis to support the
5434 relief sought. The mayor or the mayor's designee shall review the circumstances of the appeal
5435 and shall issue a written determination within thirty (30) days of the receipt of the appeal
5436 consistent with the requirements of this section.
5437
5438 18.95.080: REQUIRED DEPOSIT:
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5439 All private sector developers, excluding nonprofit developers, who receive city funds for
5440 applicable building projects shall submit a ten thousand dollar ($10,000.00) "good faith" deposit
5441 with the city which shall be refunded upon the building project receiving the applicable level of
5442 LEED certification or after a determination of substantial compliance.
5443
5444 18.95.090: PROOF OF REGISTRATION:
5445 Within thirty (30) days from receiving notice that the city will fund an applicable building
5446 project, all private sector developers shall submit written proof that said project is registered with
5447 the USGBC. City funds will not be dispersed until the required deposit under sSection 18.95.080
5448 of this chapter and the proof of registration under this section are received by the city.
5449
5450 18.95.100: REQUEST FOR EXTENSION:
5451 If a project is not LEED certified or has not been granted a determination of substantial
5452 compliance within one year after a temporary certificate of occupancy is issued by the city, then
5453 a private sector developer must file a written application with the city for an extension to obtain
5454 LEED certification. Said application must be filed with the city no later than three hundred
5455 ninety five (395) days after the date on which the certificate of occupancy was issued by the city.
5456 The city may grant a one year extension pursuant to this section and any additional extensions as
5457 may be necessary so long as a private sector developer is actively pursuing LEED certification.
5458 Extensions pursuant to this section shall begin on the date granted by the city.
5459
5460 18.95.110: REQUEST FOR SUBSTANTIAL COMPLIANCE:
5461 Receipt of LEED certification from the USGBC shall be conclusive evidence of the level of
5462 certification stated therein. If certification is not received from the USGBC or is not at the level
5463 required by this chapter, a private sector developer may request that the city issue a
5464 determination that the project has substantially complied with this chapter upon a reasonable
5465 demonstration that such project as constructed is consistent with the intent of this chapter and
5466 that strict enforcement of this chapter would create an unreasonable burden in light of the needs
5467 of such project, the ability of the project owner to control cost increases, and other relevant
5468 circumstances. The request for determination of substantial compliance must contain the
5469 following information:
5470 A. Final LEED certification application, documentation, and response from the
5471 USGBC;
5472 B. An explanation of the efforts and accomplishments made by the private sector
5473 developer to achieve compliance with this chapter;
5474 C. An explanation of the practical or economic infeasibility of implementing certain
5475 high performance building design or construction techniques that, if implemented, would
5476 otherwise have likely resulted in certification; and
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LEGISLATIVE DRAFT
5477 D. Any other supporting documents the private sector developer wishes to submit.
5478
5479 18.95.120: DETERMINATION OF SUBSTANTIAL COMPLIANCE:
5480 The building official and either the chief procurement officer or the city engineer shall review
5481 within sixty (60) days of receipt of a request for determination of substantial compliance and
5482 shall approve or deny the request based on the good faith efforts of the private sector developer
5483 to comply with this chapter. In making a determination of the good faith efforts, review of the
5484 request shall include whether the private sector developer has established the following:
5485 A. That reasonable, appropriate, and ongoing efforts to comply with this chapter
5486 were taken; and
5487 B. That compliance would otherwise have been obtained but for the practical or
5488 economic infeasibility of implementing high performance building design or construction
5489 techniques.
5490 In making any such determination, cost increases due solely to aesthetic elements shall not
5491 constitute any part of a demonstration of unreasonable burden. A determination of substantial
5492 compliance pursuant to this section shall satisfy sSection 18.95.030 of this chapter.
5493 If the request for determination of substantial compliance is denied, the private sector developer
5494 will be deemed to have not satisfied sSection 18.95.030 of this chapter and shall forfeit the "good
5495 faith" deposit under sSection 18.95.080 of this chapter and may be assessed an additional penalty
5496 up to the amount originally funded by the city. Any penalty assessed shall be offset by the "good
5497 faith" deposit.
5498
5499 18.95.130: PENALTY:
5500 Any private sector developer who fails to: a) comply with this chapter, b) apply for an extension
5501 pursuant to sSection 18.95.100 of this chapter, or c) receive a determination of substantial
5502 compliance, shall forfeit the "good faith" deposit to the city to cover the cost and inconvenience
5503 to the city. An additional penalty may be assessed based on a direct analysis of possible LEED
5504 design credits. Given that a total of twenty six (26) LEED design credits are required for
5505 certification, the additional penalty shall be based on the following considerations:
5506 A. If the city determines that a project could have reasonably received 21-25 LEED
5507 credits, then the private sector developer shall pay the city up to twenty five percent (25%) of the
5508 amount originally funded.
5509 B. If the city determines that a project could have reasonably received 16-20 LEED
5510 credits, then the private sector developer shall pay the city up to fifty percent (50%) of the
5511 amount originally funded.
5512 C. If the city determines that a project could have reasonably received 6-15 LEED
5513 credits, then the private sector developer shall pay the city up to seventy five percent (75%) of
5514 the amount originally funded.
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LEGISLATIVE DRAFT
5515 D. If the city determines that a project could have reasonably received 0-5 LEED
5516 credits, then the private sector developer shall pay the city up to one hundred percent (100%) of
5517 the amount originally funded.
5518 Failure to pay a penalty within ninety (90) days of written notice from the city shall result in a
5519 lien against the project.
5520
5521 18.95.140: RULE MAKING AUTHORIZATION:
5522 The building official and either the chief procurement officer or the city engineer are authorized
5523 to issue administrative rules under this chapter.
5524
5525 18.95.150: ADMINISTRATIVE INTERPRETATIONS:
5526 Pursuant to the authority granted under sSubsection 18.0850.040KB of this title, the building
5527 official may render interpretations of this chapter. Such interpretations shall conform with the
5528 intent and purpose of this chapter, and shall be made available in writing for public inspection
5529 upon request.
5530
5531 18.95.160: LIMITATIONS:
5532 Nothing required under this chapter shall supersede any federal, state or local law, including,
5533 without limitation, other provisions of this code; or any contract, grant, or other funding
5534 requirement; or other standards or restrictions that may otherwise apply to an applicable building
5535 project. This chapter shall not apply whenever its application would disadvantage the city in
5536 obtaining federal funds.
5537
5538 SECTION 19. Amending the text of Salt Lake City Code Chapter 18.96. That Chapter
5539 18.96 of the Salt Lake City Code (Additional Regulations: Fit Premises) shall be, and hereby is
5540 amended as follows:
5541
5542 CHAPTER 18.96
5543 FIT PREMISES
5544
5545 18.96.010: TITLE:
5546 This chapter may be referred to as the SALT LAKE CITY FIT PREMISES ORDINANCE.
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5547
5548 18.96.020: EXCLUSIONS FROM APPLICATION OF CHAPTER:
5549 The following arrangements are not governed by this chapter:
5550 A. Residence at a detention, medical, geriatric, educational, counseling, or religious
5551 institution;
5552 B. Occupancy under a contract of sale of a dwelling unit if the occupant is the
5553 purchaser;
5554 C. Occupancy by a member of a fraternal or social organization in a building
5555 operated for the benefit of the organization;
5556 D. Transient occupancy in a hotel, or motel (or lodgings subject to Utah code section
5557 59-12-301); except that single room occupancy units ("SRO") shall be governed by this chapter.
5558 "SRO" means an existing housing unit with one combined sleeping and living room of at least
5559 seventy (70) square feet, but of not more than two hundred twenty (220) square feet, where the
5560 usual tenancy or occupancy of the same unit by the same person or persons is for a period of
5561 longer than one week. Such units may include a kitchen and a private bath; and
5562 E. Occupancy by an owner of a condominium unit.
5563
5564 18.96.030: IDENTIFICATION OF OWNER AND AGENTS:
5565 A. A property owner, or any person authorized to enter into an oral or written rental
5566 agreement on the property owner's behalf, shall disclose to the tenant in writing at or before the
5567 commencement of the tenancy the name, address and telephone number of:
5568 1. The owner or person authorized to manage the premises; and
5569 2. A local person authorized to act for and on behalf of the owner for the
5570 purpose of receiving notices and demands, and performing the property owner's
5571 obligations under this chapter and the rental agreement if the owner or manager reside
5572 outside of Salt Lake City.
5573 B. A person who enters into a rental agreement as “landlord”, “property manager” or
5574 the like, and fails to comply with the requirements of this section becomes an agent of the
5575 property owner for the purposes of:
5576 1. Receipt of notices under this chapter; and
5577 2. Performing the obligations of the property owner under this chapter and
5578 under the rental agreement.
5579 C. The information required to be furnished by this section shall be kept current.
5580 This section is enforceable against any successor property owner, owner, or manager.
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5581 D. Every rental property with more than one unit rented without a written agreement
5582 shall have a notice posted in a conspicuous place with the name, address and telephone number
5583 of the owner or manager and local agent as required by subsection A of this section.
5584
5585 18.96.040: PROPERTY OWNER TO DELIVER POSSESSION OF DWELLING UNIT:
5586 A. A copy of the lease or rental agreement, rules and regulations, an inventory of the
5587 condition of the premises, a list of all appliances and furnishings and a summary of this chapter
5588 shall be given to each tenant at the time the rental agreement is entered into. The summary shall
5589 be prepared by the city for the purpose of fairly setting forth the material provisions of this
5590 chapter and shall include information about mediation resources in the Salt Lake City area and
5591 shall encourage property owners and tenants to take advantage of mediation services. The
5592 property owner shall secure and retain the tenant's signed acknowledgment that the foregoing
5593 documents have been provided to the tenant. Such acknowledgment shall be returned to the
5594 property owner no later than three (3) days after the tenant takes possession of the dwelling unit.
5595 Before entering into a rental agreement, the property owner shall disclose to the tenant any
5596 current notice by a utility provider to terminate water, gas, electrical or other utility service to the
5597 dwelling unit or to common areas of the building, the proposed date of termination, and any
5598 current uncorrected building or health code violation included in a deficiency list or notice from
5599 the Salt Lake City building and housing servicesdivision or any other government entity.
5600 B. By explicit written agreement, a property owner and a tenant may establish a
5601 procedure whereby the tenant notifies the property owner of needed repairs, makes those repairs
5602 and deducts the cost of the repairs from the rent due and owing.
5603 C. A property owner may allocate any duties to the tenant by explicit written
5604 agreement. Such agreement must be clear and specific, boxed, in bold type or underlined.
5605
5606 18.96.050: PROPERTY OWNER TO MAINTAIN THE PREMISES AND EACH
5607 DWELLING UNIT:
5608 A property owner shall:
5609 A. Comply with the requirements of applicable building, housing and health codes
5610 and city ordinances and not rent the premises unless they are safe, sanitary, and fit for human
5611 occupancy;
5612 B. Maintain the structural integrity of the building;
5613 C. Maintain floors in compliance with safe load bearing requirements;
5614 D. Provide exits, emergency egress, and light and ventilation in compliance with
5615 applicable codes;
5616 E. Maintain stairways, porches, walkways and fire escapes in sound condition;
5617 F. Provide smoke detectors and fire extinguisher as required by code;
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LEGISLATIVE DRAFT
5618 G. Provide operable sinks, toilets, tubs and/or showers;
5619 H. Provide heating facilities as required by code;
5620 I. Provide kitchen facilities as required;
5621 J. Provide running water;
5622 K. Provide adequate hall and stairway lighting;
5623 L. Maintain floors, walls and ceilings in good condition;
5624 M. Supply window screens where required by code;
5625 N. Maintain foundation, masonry, chimneys, water heater and furnace in good
5626 working condition;
5627 O. Prevent the accumulation of stagnant water in the interior of any premises;
5628 P. Maintain in good and safe working order and condition all electrical, plumbing,
5629 sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied by the
5630 property owner as required by applicable codes;
5631 Q. Provide and maintain appropriate garbage receptacles and arrange for timely
5632 garbage removal as required by code;
5633 R. Supply electricity, and hot water at all times and heat during at least the months of
5634 October through April and as weather conditions might otherwise reasonably warrant, except
5635 where the dwelling unit is so constructed that electricity, heat or hot water is within the exclusive
5636 control of the tenant and supplied by a direct public utility connection;
5637 S. Once proof of pest infestation has been established, be responsible for initiation of
5638 pest control measures. In no instance shall a property owner be required to apply pesticides
5639 contrary to label directions;
5640 T. Not interrupt or disconnect utility service;
5641 U. Provide adequate locks to exterior doors and furnish keys to tenants as required
5642 by applicable codes;
5643 V. Maintain the dwelling unit in a reasonably insulated and weather tight condition
5644 as required by the building and housing and Utah state energy conservation codes;
5645 W. Provide for and protect each tenant's peaceful enjoyment of the premises;
5646 X. Ensure that repairs, decorations, alterations, or improvements, or exhibiting the
5647 dwelling unit shall not unreasonably interfere with the tenants' right to quiet enjoyment of the
5648 premises;
5649 Y. Provide a mailbox; and
5650 Z. Provide separate meters for each tenant for gas and electricity or include charges
5651 for utility services in the rent.
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5652
5653 18.96.060: TENANT TO MAINTAIN DWELLING UNIT:
5654 A tenant shall:
5655 A. Comply with all appropriate requirements of the rental agreement and applicable
5656 provisions of building, housing and health codes;
5657 B. Maintain the premises occupied in a clean and safe condition and not
5658 unreasonably burden any common area;
5659 C. Dispose of all garbage and other waste in a clean and safe manner and avoid
5660 leaving garbage or litter in hallways, porches, patios and other common areas;
5661 D. Maintain all plumbing fixtures in as sanitary a condition as the fixtures permit and
5662 avoid obstructing sinks, toilets, tubs, showers and other plumbing drains;
5663 E. Use all electrical, plumbing, sanitary, heating, and other facilities and appliances
5664 in a reasonable manner;
5665 F. Not destroy, deface, damage, impair or remove any part of the premises or
5666 knowingly permit any person to do so;
5667 G. Promptly inform the property owner of any defective conditions or problems at
5668 the premises;
5669 H. Not interfere with the peaceful enjoyment of the residential rental unit of another
5670 renter;
5671 I. Upon vacation, restore the premises to their initial condition except for reasonable
5672 wear and tear or conditions caused by the property owner;
5673 J. Be current on all payments required by the rental agreement and this chapter;
5674 K. Not increase the number of occupants above that specified in the rental agreement
5675 without written permission of the owners;
5676 L. Not modify or paint the premises without the express written permission of the
5677 property owner/agent;
5678 M. Dispose of oil, car batteries, and other hazardous waste materials away from the
5679 rental premises, and in a manner prescribed by federal and local laws; and
5680 N. Not require the owner to correct or remedy any condition caused by the renter, the
5681 renter's family or the renter's guests or invites by inappropriate use of the property during the
5682 rental term or any extension of it.
5683
5684 18.96.070: RULES AND REGULATIONS:
158
LEGISLATIVE DRAFT
5685 A property owner may adopt rules or regulations concerning the tenant's use and occupancy of
5686 the premises which become a part of the rental agreement if they apply to all tenants in the
5687 premises in a nondiscriminatory manner, do not conflict with the lease, state law or city
5688 ordinance, and are provided to the tenant before the tenant enters into the rental agreement.
5689 Rules, regulations or lease terms can, by agreement between the parties, be more favorable to the
5690 tenant than allowed by state law or city ordinance but cannot be more restrictive. Rules may be
5691 modified from time to time by the property owner. However, no rule adopted after the
5692 commencement of any rental agreement shall substantially modify the existing terms, conditions
5693 or rules without written consent of the tenant.
5694
5695 18.96.080: ACCESS:
5696 A. A tenant shall not unreasonably withhold consent to the property owner to enter
5697 into the dwelling unit in order to make necessary or agreed repairs, decorations, alterations, or
5698 improvements; or exhibit the dwelling unit to prospective purchasers, tenants, or work people.
5699 B. A property owner may enter the dwelling unit without consent of the tenant in
5700 case of emergency.
5701 C. Except in case of emergency the property owner shall give the tenant at least
5702 twenty four (24) hours' notice of plans to enter and may enter only between eight o'clock (8:00)
5703 A.M. and ten o'clock (10:00) P.M.
5704 D. A property owner has no other right of access except:
5705 1. Pursuant to court order;
5706 2. To make repairs requested by the tenant pursuant to sSections 18.96.110
5707 and 18.96.120 of this chapter;
5708 3. To make repairs ordered by the division pursuant to this title; or
5709 4.3. If the tenant has abandoned the premises as defined in sSection 78B-36-
5710 81412(3), Utah Code Annotated, or any successor provision.
5711
5712 18.96.090: RESERVEDPROPERTY OWNER AND TENANT REMEDIES FOR ABUSE
5713 OF ACCESS:
5714 A. If the tenant refuses to allow lawful access, the property owner may obtain
5715 injunctive relief to compel access, or terminate the rental agreement and commence an eviction
5716 action. In either case, the property owner may recover actual damages and reasonable attorney
5717 fees.
5718 B. If the property owner makes an unlawful entry or makes repeated demands for
5719 entry which harass the tenant, the tenant may obtain injunctive relief to prevent the recurrence of
5720 the conduct or terminate the rental agreement and vacate the premises. In either case, the tenant
159
LEGISLATIVE DRAFT
5721 may recover the lesser of the actual damages or damages equal to one month's rent and
5722 reasonable attorney fees.
5723
5724 18.96.100: RESERVEDFAILURE TO DELIVER POSSESSION:
5725 If the property owner fails to deliver possession of the dwelling unit to the tenant as promised in
5726 the rental agreement, rent abates until possession is delivered. Alternatively, the tenant may
5727 terminate the rental agreement by written notice to the property owner and recover all prepaid
5728 rent and security deposits and actual damages.
5729
5730 18.96.110: REPAIR OF SPECIFIED FAILURES:
5731 In the event of the failures specified below, which are not due to the unavailability of utility
5732 service, the property owner shall take reasonable steps to begin repairing the failures
5733 promptlywithin the following specified time periods after receipt of written notice of the failure
5734 delivered in accordance with Section 18.50.100to the person identified in subsection
5735 18.96.030A2 of this chapter, and shall remedy such failurecomplete the repairs within the period
5736 set forth in the notice and order issued by the inspector reasonable diligence:
A.Inoperable toilet 24
hours
B.Tub, shower or kitchen and bathroom sink with inoperable drain or no hot or
cold water
48
hours
C.Inoperable refrigerator or cooking range or stove 48
hours
D.Nonfunctioning heating (during a period where heat is reasonably necessary) or
electrical system
24
hours
E.Inoperable electric fixture 72
hours
F.Broken exterior door or inoperable or missing exterior door lock 48
hours
G.Broken window with missing glass 96
hours
H.Inoperable exterior lighting 96
hours
I.Broken stair or balustrade 24
hours
J.Inoperable or missing smoke detector required by code 24
hours
K.Inoperable required fire sprinkler system (if smoke detectors are not present or
operating)
24
hours
160
LEGISLATIVE DRAFT
L.Inoperable required fire sprinkler system (if smoke detectors are installed and
operable)
96
hours
M.Broken or leaking water pipes causing an imminent threat to life, safety or
health
24
hours
N.Other broken or leaking water pipes 72
hours
O.Disconnection of electrical, water or natural gas service caused by property
owner
24
hours
5738
5739 The division shall establish repair period standards based on the severity of the failures identified
5740 above. The tenant shall grant the property owner reasonable access to perform the repairs
5741 required in this section.
5742
5743 18.96.120: VIOLATIONSTENANT REPAIR AND DEDUCT:
5744 Violations of this chapter shall be enforced pursuant to Sections 18.50.100 and 18.50.110.If the
5745 property owner fails to begin making the repairs required by section 18.96.110 of this chapter,
5746 within the specified times, and the tenant is current on all rent and other payments to the property
5747 owner, the tenant may cause the repairs to be made subject to the following provisions:
5748 A. Critical Repairs: If the repairs involve an inoperable toilet, lack of heat during a
5749 period for which heat is required, broken or leaking water pipes posing an immediate threat to
5750 life, safety or health or a complete lack of running water or disconnected gas, electric or water
5751 service, the tenant may, upon the expiration of the notice period specified in section 18.96.110 of
5752 this chapter, cause the necessary repairs to be made.
5753 1. In making such repairs the tenant must use a licensed contractor if such a
5754 licensed contractor is required by applicable building or housing codes.
5755 2. If a licensed contractor is required for the work, the tenant shall make
5756 reasonable efforts to obtain two (2) bids for the work and, if bids are obtained, shall
5757 contract for the work to be done by the lowest bidder.
5758 B. Noncritical Repairs: If the required repairs are not critical repairs subject to the
5759 provisions of subsection A of this section, the tenant, after the expiration of the notice time
5760 required by section 18.96.110 of this chapter, shall give the property owner or property owner's
5761 agent identified in section 18.96.030 of this chapter a second written notice of intent to repair and
5762 deduct. This second notice shall be either delivered and served personally upon the property
5763 owner or agent or sent by both certified and regular mail.
5764 1. The second notice shall state the nature of the problem, the date the tenant
5765 sent the first notice required by section 18.96.110 of this chapter, and the intention of the
161
LEGISLATIVE DRAFT
5766 tenant to cause the repairs to be done and to deduct the cost from the rent if the property
5767 owner does not make the repairs.
5768 2. The property owner shall begin making the required repairs within forty
5769 eight (48) hours after the hand delivery of the second notice or by the end of the second
5770 calendar day after the date of mailing of the second notice and complete the repairs with
5771 reasonable diligence.
5772 3. If the property owner has not begun the required repairs within the time
5773 specified in subsection B2 of this section, the tenant may cause the repairs to be made.
5774 4. In making such repairs the tenant must use a licensed contractor if such a
5775 licensed contractor is required by applicable building or housing codes.
5776 5. If a licensed contractor is required for the work, the tenant shall make
5777 reasonable efforts to obtain two (2) bids for the work, and, if bids are obtained, shall
5778 contract for the work with the low bidder.
5779 6. If a licensed contractor is not required for the work, the tenant may do the
5780 work on his or her own or contract for the work to be done at a reasonable cost.
5781 C. Deductible Amount: For any repairs made pursuant to this section, the tenant may
5782 deduct from future rent the actual and reasonable cost of the repairs performed up to a maximum
5783 deduction of four hundred dollars ($400.00); provided however, tenant shall furnish all original
5784 paid receipts to the property owner.
5785 D. Nontermination: The property owner may not terminate the tenant's tenancy for
5786 the tenant's deduction of rent for repairs made pursuant to this section nor may the property
5787 owner terminate the tenancy until the tenant's costs, not to exceed four hundred dollars
5788 ($400.00), for repairs made under this section have been offset by deducted rent.
5789 E. Tenant Caused Damages: The repair and deduct provisions of this section shall
5790 not be applicable to any damages caused or repairs necessitated by actions of the tenant or the
5791 tenant's invited guests or other occupants of the dwelling unit.
5792
5793 18.96.130: RETALIATORY CONDUCT PROHIBITED:
5794 A. Except as provided in this section and section 57-22-4, Utah Code Annotated, a
5795 property owner may not terminate a rental agreement or bring or threaten to bring an eviction
5796 action because the tenant has in good faith:
5797 1. Complained of code violations at the premises to a governmental agency,
5798 elected representative or public official charged with responsibility for enforcement of a
5799 building, housing, health or similar code;
5800 2. Complained of a building, housing, health or similar code violation or an
5801 illegal property owner practice to a community organization or the news media;
162
LEGISLATIVE DRAFT
5802 3. Sought the assistance of a community organization or the news media to
5803 remedy code violation or illegal property owner practice;
5804 4. Requested the property owner to make repairs to the premises as required
5805 by this chapter, a building or health code, other regulation, or the residential rental
5806 agreement;
5807 5. Become a member of a tenants' union or similar organization;
5808 6. Testified in any court or administrative proceeding concerning the
5809 condition of the premises; or
5810 7. Exercised any right or remedy provided by law.
5811
5812 SECTION 20. Amending the text of Salt Lake City Code Chapter 21A.20. That Chapter
5813 21A.20 of the Salt Lake City Code (Zoning: Enforcement) shall be, and hereby is amended as
5814 follows:
5815 21A.20.010: RESERVEDDEFINED TERMS:
5816 In this chapter, the words, terms, phrases and their derivatives shall have the meanings as stated
5817 and defined in this chapter.
5818 CITATION DEADLINE: The date identified in the second notice of violation described in
5819 subsection 21A.20.030E of this chapter.
5820 CIVIL ENFORCEMENT OFFICER: An employee of Salt Lake City's Division of Building
5821 Services, or of the successor Salt Lake City division authorized to perform civil enforcement
5822 functions, or any duly authorized agent, representative or designee.
5823 DIVISION: Salt Lake City's Division of Building Services, or the successor Salt Lake City
5824 division authorized to perform civil enforcement functions.
5825 FIRST NOTICE: The initial notice informing the person cited that a zoning violation exists.
5826 NOTICE OF COMPLIANCE: A written notice informing the person cited that the violation has
5827 been cured.
5828 PERSON CITED: The property owner, property owner's agent, tenant or occupant of any
5829 building or land or part thereof and any architect, builder, contractor, agent or other person who
5830 participates in, assists, directs or creates any situation that is contrary to the requirements of this
5831 title, and who received the notice of violation and is being held responsible for the violation.
5832 PROPERTY OWNER: Any person who, alone or jointly or severally with others, holds legal
5833 title to the property at issue.
163
LEGISLATIVE DRAFT
5834 SECOND NOTICE: The notice informing the person cited of the date that civil fines will begin
5835 to accrue if the zoning violation is not corrected.
5836
5837 21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
5838 A Ccivil Eenforcement Oofficer may investigate any complaint alleging a violation of this title
5839 and take such action as is warranted in accordance with the procedures set forth in this chapter.
5840
5841 21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
5842 A. If the Ccivil Eenforcement Oofficer finds that any provision of this title is being
5843 violated, the Ccivil Eenforcement Oofficer may provide a written warning notice to the property
5844 owner and any other person determined to be responsible for such violation. The written notice
5845 shall indicate the nature of the violation and order the action necessary to correct it. Additional
5846 written notices may be provided at the Ccivil Eenforcement Oofficer's discretion.
5847 B. The written warning notice shall state what action the building services division
5848 intends to take if the violation is not corrected. The written notice shall include information
5849 regarding the established warning period for the indicated violations and shall serve to start any
5850 warning periods provided in this chapter.
5851 C. Such written warning notice issued by the Ccivil Eenforcement Oofficer, if
5852 issued, shall be deemed sufficient and complete delivered when:
5853 1. A copy of the written notice is posted on the property where said violation(s)
5854 occur, and
5855 2. The written notice is either:
5856 a. Mailed certified mail or using any reputable mail tracking service that is
5857 capable of confirming delivery commercial courier service to the property owner at the
5858 last known address appearing on the records of the Salt Lake County Recorder and any
5859 other person determined to be responsible for such violation, at their last known address,
5860 or
5861 b. Personally served upon the property owner and any other person
5862 determined to be responsible for such violation.
5863 D. In cases when delay in enforcement would seriously threaten the effective
5864 enforcement of this title, or pose a danger to the public health, safety or welfare, the Ccivil
5865 Eenforcement Oofficer may seek enforcement without issuing a warning notice and may proceed
5866 directly to issuing a notice and order as set forth in Subpart Eprior written notice by invoking any
5867 of the civil fines or remedies authorized in section 21A.20.060 of this chapter.
5868 E. Upon discovery of a violation of this title, or iIf the violation remains
5869 uncorrecteduncured within five (5) business days of theafter expiration of the warning period set
5870 forth in the warning notice, if issued, described in subsections A through C of this section, a
164
LEGISLATIVE DRAFT
5871 second notice of violation shall be delivered by mailing, postage prepaid, addressed to the person
5872 cited at the last known address appearing on the records of the County Recorder. The second
5873 notice shall identify the citation deadline and state that the civil fines set forth in section
5874 21A.20.040 of this chapter will begin to accrue if the violations are not remedied by that date. the
5875 civil enforcement officer may issue a notice and order.
5876 1. The written notice and order shall state:
5877 a. The name and address, if known, of the responsible party;
5878 b. The date and location of each violation;
5879 c. The code sections violated;
5880 d. That the violations must be corrected;
5881 e. Provide a specific date by which the enforcement official orders
5882 that the violations be corrected by;
5883 f. The amount of the civil fine to accrue for each violation, or other
5884 enforcement action that the enforcement official intends to pursue, if the violation
5885 is not corrected by the date specified;
5886 g. Identification of the right to and procedure to appeal; and
5887 h. The signature of the enforcement official.
5888
5889 2. The enforcement official shall serve the notice and order on the
5890 responsible party by:
5891 a. Posting a copy of the written notice and order on the noncompliant
5892 property, and
5893 b. By mailing the notice and order through certified mail or reputable
5894 mail tracking service that is capable of confirming delivery. If the responsible
5895 party is the property owner of record, then mailing shall be to the last known
5896 address appearing on the records of the Salt Lake County Recorder. If the
5897 responsible party is any other person or entity other than the owner of record, then
5898 mailing shall be to the last known address of the responsible party on file with the
5899 city.
5900 c. Notwithstanding the foregoing, personal service upon the
5901 responsible party shall be sufficient to meet the notice and order service
5902 requirements of this Subsection 21A.20.030.E.2.b.
5903
5904 F. Following the issuance of a notice and order, any responsible party shall correct
5905 the violations specified in the notice and order. Upon correction of the violations specified in the
5906 notice and order, the responsible party shall contact the enforcement official identified in the
5907 notice and order to request an inspection of the property.
5908
5909 G. If one or more violations are not corrected by the deadline specified in the notice
5910 and order, civil fines shall accrue at the rate set forth in Section 21A.20.040. Accumulation of
5911 civil fines for violations, but not the obligation for payment of civil fines already accrued, shall
5912 stop upon correction of the violation(s) once confirmed through an inspection requested pursuant
5913 to Subsection E.
165
LEGISLATIVE DRAFT
5914
5915 H. The responsible party shall have the right to contest the notice and order at an
5916 administrative hearing in accordance with Chapter 21A.16. Failure to timely request an
5917 administrative hearing and pay the administrative hearing fee set forth in the Salt Lake City
5918 consolidated fee schedule shall constitute a waiver of the right to a hearing and a waiver of the
5919 right to appeal.
5920
5921 I. Upon expiration of the citation period set forth in a notice and order, and where
5922 the violation(s) remain uncorrected, the city may record on the noncompliant property with the
5923 Salt Lake County Recorder’s Office a notice of noncompliance. The recordation of a notice of
5924 noncompliance shall not be deemed an encumbrance on the noncompliant property but shall
5925 merely place interested parties on notice of any continuing violation of this title at the
5926 noncompliant property. If a notice of noncompliance has been recorded and the enforcement
5927 official later determines that all violations identified in the notice of noncompliance have been
5928 corrected, the enforcement official shall issue a notice of compliance by recording the notice of
5929 compliance on the property with the Salt Lake County Recorder’s Office. Recordation of the
5930 notice of compliance shall have the effect of canceling the recorded notice of noncompliance.
5931
5932 J. If the city files an action for injunctive relief seeking abatement of one or more
5933 violations and the district court authorizes the abatement of one or more violations and the city
5934 incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
5935 and may be considered an encumbrance on the property.
5936
5937 21A.20.040: CIVIL FINES:
5938 A. General: If the violations are not corrected by the citation deadline, civil fines shall
5939 accrue at twenty five dollars ($25.00) $50 a day per violation for those properties legally
5940 used for purposes that are solely residential uses, and one hundred dollars ($2100.00) a
5941 day per violation for those properties used for purposes that are not residential uses.
5942 B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
5943 citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
5944 per day per violation. If the violation(s) include renting an affordable rental unit in excess
5945 of the approved rental rate then an additional monthly fine shall accrue that is the
5946 difference between the market rate of the unit and the approved rental rate that is agreed
5947 to by the applicant at the time of approval for a project using the incentives.
5948 C. Failure to obtain certificate of appropriateness per 21A.34.020: For development or any
5949 building activity on properties subject to Section 21A.34.020 without a certificate of
5950 appropriateness, if such violation is not corrected by the citation deadline, civil fines shall
5951 accrue at $50 per day, except that the fine shall be $250 per day for full or partial
5952 demolition of a contributing structure without a certificate of appropriateness and $500
5953 per day for full or partial demolition of a landmark site without a certificate of
5954 appropriateness.
5955
5956 21A.20.050: DAILY VIOLATIONS:
166
LEGISLATIVE DRAFT
5957 Each day a violation continues after the citation deadline shall be considered a separate offense
5958 and give rise to a separate civil fine. Accumulation of civil fines for violations, but not the
5959 obligation for payment of civil fines already accrued, shall stop upon correction of the violation.
5960
5961 21A.20.060: COMPLIANCE:
5962 The Ccity may use such lawful means as are available to obtain compliance with the provisions
5963 of this title and to collect the civil fines that accrue as a result of the violation of the provisions of
5964 this title, including a legal action to obtain one or more of the following: an injunction, an order
5965 of mandamus, an order requiring the property owner or occupant to abate the violations, an order
5966 permitting the Ccity to enter the property to abate the violations, and a judgment in the amount of
5967 the civil fines accrued for the violation, including costs and attorney fees. The city has sole
5968 discretion over which remedy or combination of remedies it may choose to pursue.
5969 Violations of the provisions of this title or failure to comply with any of its requirements are
5970 punishable as a Class BC misdemeanor upon conviction.
5971
5972 21A.20.070: RECURRING VIOLATIONS:
5973 In the case where a violation, which had been corrected, reoccurs at the same property within six
5974 (6) months of the initial correction and is due to the actions or inactions of the same person or
5975 property owner as the prior violation(s), the building services division may begin enforcement of
5976 said recurring violation by sending by certified mail or reputable mail tracking service that is
5977 capable of confirming delivery a Nnotice and Oorder in the form described in sSubsection
5978 21A.20.030.EB of this chapter. Civil fines set forth in sSection 21A.020.040 of this chapter will
5979 begin accruing, if the violation is not remedied within ten (10) calendar days of the citation
5980 deadline contained in that notice.
5981
5982 21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
5983 A. Powers Aand Duties Oof Fines Hearing Officer: The Ffines Hhearing Oofficer,
5984 appointed pursuant to sSection 21A.06.090 of this title, may hear and decide appeals of civil
5985 fines imposed pursuant to this chapter. As set forth in this section, the Ffines Hhearing Oofficer
5986 may reduce civil fines and approve civil fine payment schedules.
5987 B. Right Tto Appear: Any person receiving a notice of violation may appear before a
5988 Ffines Hhearing Oofficer to appeal the amount of the civil fine imposed by submitting a civil
5989 fine appeal on a form provided by the building services division. However, no party may appear
5990 before a Ffines Hhearing Oofficer until violations from which the civil fines stemmedidentified
5991 have been corrected and a notice of compliance has been issued. Appeals to a Ffines Hhearing
5992 Oofficer contesting the amount of the civil fine imposed, must be filed within thirty (30) days
5993 from the date of the notice of compliance.
5994 C. Responsibility: Commencement of any action to remove or reduce civil fines shall
5995 not relieve the responsibility of any person cited to correctcure the violation or make payment of
167
LEGISLATIVE DRAFT
5996 subsequently accrued civil fines nor shall it require the Ccity to reissue any of the notices
5997 required by this chapter.
5998 D. Reduction Oof Civil Fine: Civil fines may be reduced at the discretion of the
5999 Ffines Hhearing Oofficer after the violation is correctedcured from which the civil fines
6000 stemmed and if any of the following conditions exist:
6001 1. The violation pertains to landscaping, in which case the time for payment
6002 and correction of landscaping violations may be abated from October 15 through the next
6003 April 1, or such other times as caused by weather conditions adverse to successful
6004 landscaping;
6005 2. Strict compliance with the notice and order would have caused an
6006 imminent and irreparable injury to persons or property;
6007 3. The violation and inability to curecorrect the same were both caused by a
6008 force majeure event such as war, act of nature, strike or civil disturbance;
6009 4. A change in the actual ownership of the property was recorded with the
6010 Salt Lake County Recorder's Office after the first or second notice was issued and the
6011 new property owner is not related by blood, marriage or common ownership to the prior
6012 owner; or
6013 5. Such other mitigating circumstances as determined by the Ffines Hhearing
6014 Oofficer.
6015 E. Payment Schedule: At the request of a person subject to civil fines governed by
6016 this chapter, the Ffines Hhearing Oofficer may approve a payment schedule for the delayed or
6017 periodic payment of the applicable civil fine to accommodate the person's unique circumstances
6018 or ability to pay.
6019 F. Failure Tto Submit Payment Oon Payment Schedule: If a payment schedule has
6020 been developed by the Ffines Hhearing Oofficer, the failure by a person owing civil fines to
6021 submit any two (2) payments as scheduled shall cause the entire amount of the original civil fine
6022 to become immediately due.
6023
6024 21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
6025 A. If the Ccity obtains a court order permitting entry on the property for the purpose
6026 of abating zoning violations, the building services division shall provide written notice of that
6027 order to the property owner of record at the address on file with the Salt Lake County Recorder.
6028 B. The notice shall: 1) identify the property owner of record according to the records
6029 of the Salt Lake County Recorder, 2) describe the property and the violations the court order
6030 permits the building services division to enter the property to abate, 3) attach a copy of the court
6031 order, and (4) inform the property owner when the abatement is scheduled to occur, and 4)
6032 provide the property owner thirty (30) days from the date the notice is served to abate the
6033 violations the court order permits the division to enter the property to abate.
168
LEGISLATIVE DRAFT
6034 C. Notice may be delivered in person, or by certified mail, or by reputable mail
6035 tracking service that is capable of confirming delivery commercial courier service, if mailed to
6036 the last known address of the property owner according to the records of the Salt Lake County
6037 Recorder.
6038 D. If the zoning violations are not corrected by the property owner within thirty (30)
6039 days of the date the notice is served, then the division may employ any necessary assistance to
6040 enter the property and abate the zoning violations, as permitted by the court order.
6041
6042 21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:
6043 A. If the building services division or an agent thereof the division enters a property
6044 to abate a violation pursuant to a court order, as set forth in sSection 21A.20.090 of this chapter,
6045 the building services division may collect the cost of that abatement, by filing a Pproperty Ttax
6046 lien, as set forth in this section.
6047 B. Upon completion of abatement work, the building services division shall prepare
6048 an itemized statement of costs and mail it to the property owner by certified mail or by any
6049 reputable mail tracking service that is capable of confirming delivery, demanding payment
6050 within thirty (30) days of the date the statement is post marked.
6051 C. The itemized statement of costs shall:
6052 1. Include:
6053 a. The address of the property at issue;
6054 b. An itemized list of all expenses incurred by the building services
6055 division, including administrative costs;
6056 c. A demand for payment; and
6057 d. The address where payment is to be made;
6058 2. Notify the property owner:
6059 a. That failure to timely pay the expenses described in the itemized
6060 statement may result in a lien on the property in accordance with this chapter and
6061 Utah Code section 10-11-4 or its successor;
6062 b. That the property owner may file a written objection to all or part
6063 of the statement within twenty (20) days of the date the statement is postmarked;
6064 and
6065 c. Where the property owner may file the objection, including the
6066 name of the office and the mailing address.
6067 D. The itemized statement of costs described in subsection C of this section shall be
6068 deemed delivered when mailed by certified mail or by any reputable mail tracking service that is
169
LEGISLATIVE DRAFT
6069 capable of confirming delivery addressed to the last known address of the property owner,
6070 according to the records of the Salt Lake County Recorder.
6071 E. If the property owner files a timely objection, the building services division will
6072 schedule a hearing in accordance with title 52, chapter 4 of the Utah Code (Open and Public
6073 Meetings Act), and will mail or deliver to the property owner prior to the hearing a notice stating
6074 the date, time, and location of the hearing.
6075 F. At the hearing described in subsection E of this section, a Ffines Hhearing
6076 Oofficer shall review and determine the actual cost of abatement incurred by the building
6077 services division in abating the property, including administrative costs. The property owner
6078 must pay any amount the Ffines Hhearing Oofficer determines is due and owing to the Salt Lake
6079 City Treasurer at the address provided in the statement of costs within thirty (30) days of the date
6080 of the hearing.
6081 G. If the property owner fails to make payment of the amount set forth in the
6082 itemized statement within thirty (30) days of the date of the mailing of that statement, or to file a
6083 timely objection, then the building services division may certify the past due costs and expenses
6084 to the Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code
6085 section 10-11-4 or its successor.
6086 H. If the property owner files a timely objection but fails to make payment of any
6087 amount found due and owing under subsection F of this section within thirty (30) days of the
6088 date of the hearing, the building services division may certify the past due costs and expense to
6089 the Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section
6090 10-11-4.
6091 I. After entry by the Treasurer of the County, as set forth in subsections G and H of
6092 this section the amount entered shall be a nonrecurring notice charge as defined in Utah Code 11-
6093 60-102, is a lien on the property, and shall be collected by the Salt Lake County Treasurer at the
6094 time of the payment of general taxes.
6095 J. Notwithstanding any other provision in this chapter to the contrary, where the
6096 property owner presents evidence demonstrating financial hardship to the satisfaction of the
6097 building services division, the building services division may waive some or all administrative
6098 fees and the actual costs incurred in abating the property if the property abated is the property
6099 owner's principal place of residence.
6100
6101 SECTION 21. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section
6102 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and
6103 hereby is amended as follows:
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6104 a. Adding the definition of “CITATION DEADLINE.” That the definition of
6105 “CITATION DEADLINE” be added and inserted into the list of definitions in
6106 alphabetical order to read as follows:
6107 CITATION DEADLINE: the date identified in the notice and order to correct the
6108 violation(s) identified therein.
6109 b. Adding the definition of “CIVIL ENFORCEMENT OFFICER.” That the definition
6110 of “CIVIL ENFORCEMENT OFFICER” be added and inserted into the list of
6111 definitions in alphabetical order to read as follows:
6112 CIVIL ENFORCEMENT OFFICER: an employee of Salt Lake City’s Division of
6113 Building Services, or successor division, authorized to perform civil enforcement
6114 functions, or any duly authorized agent, representative, or designee.
6115 c. Adding the definition of “NOTICE OF COMPLIANCE.” That the definition of
6116 “NOTICE OF COMPLIANCE” be added and inserted into the list of definitions in
6117 alphabetical order to read as follows:
6118 NOTICE OF COMPLIANCE: a written notice informing the person cited that the
6119 violation has been corrected.
6120 d. Adding the definition of “PERSON CITED.” That the definition of “PERSON
6121 CITED” be added and inserted into the list of definitions in alphabetical order to read
6122 as follows:
6123 PERSON CITED: the property owner, property owner's agent, tenant or occupant of any
6124 building or land or part thereof and any architect, builder, contractor, agent or other
6125 person who participates in, assists, directs or creates any situation that is contrary to the
6126 requirements of this title, and who received the notice of violation and is being held
6127 responsible for the violation.
6128 e. Adding the definition of “PROPERTY OWNER.” That the definition of
6129 “PROPERTY OWNER” be added and inserted into the list of definitions in
6130 alphabetical order to read as follows:
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6131 PROPERTTY OWNER: any person who, alone or jointly or severally with others, holds
6132 legal title to the property at issue.
6133
6134 SECTION 22. Amending the text of Salt Lake City Code Section 2.07.020. That Section
6135 2.07.020 of the Salt Lake City Code is hereby amended to eliminate the “Housing advisory and
6136 appeals board” therefrom as follows:
6137 2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
6138 For the purpose of this chapter the term "city board" or "board" means the following city boards,
6139 commissions, councils, and committees:
6140 Accessibility and disability commission
6141 Airport board
6142 Board of appeals and examiners
6143 Business advisory board
6144 Citizens' compensation advisory committee
6145 City and county building conservancy and use committee
6146 Community development and capital improvement programs advisory board
6147 Community recovery committee
6148 Fire code board of appeals
6149 Golf enterprise fund advisory board
6150 Historic landmark commission
6151 Housing advisory and appeals board
6152 Housing trust fund advisory board
6153 Human rights commission
6154 Library board
6155 Parks, natural lands, trails, and urban forestry advisory board
6156 Planning commission
6157 Public utilities advisory committee
6158 Racial equity in policing commission
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6159 Salt Lake art design board
6160 Salt Lake City arts council board
6161 Salt Lake City sister cities board
6162 Transportation advisory board
6163
6164 SECTION 23. Repealing Salt Lake City Code Chapter 2.21. That Chapter 2.21 of the Salt
6165 Lake City Code (Housing Advisory and Appeals Board) shall be, and hereby is repealed in its
6166 entirety as follows:
6167 2.21.010: GENERAL PROVISIONS:
6168 The provisions of chapter 2.07 of this title shall apply to the housing advisory and appeals board
6169 except as otherwise set forth in this chapter. (Ord. 67-13, 2013)
6170
6171 2.21.020: CREATION AND MEMBERSHIP:
6172 A. The city creates a housing advisory and appeals board ("HAAB").
6173 B. HAAB shall be comprised of ten (10) members from among the qualified electors of the
6174 city in a manner providing balanced geographical, professional, neighborhood and
6175 community representation.
6176 C. The HAAB chair or vice chair may not be elected to serve consecutive terms in the same
6177 office. The secretary of HAAB shall be designated by the building official.
6178 D. The expiration of terms shall be staggered with no more than three (3) terms expiring in
6179 any one year. Expiration of terms shall be on December 31.
6180
6181 2.21.030: POWERS AND AUTHORITY:
6182 HAAB shall have the power and authority to:
6183 A. Apply the provisions of Title 5, Chapter 5.14 and Title 18, Chapter 18.50 of this code;
6184 B. Hear and decide appeals as specified in Title 5, Chapter 5.14 and Title 18, Chapter 18.50
6185 of this code;
6186 C. Modify the impact of specific provisions of Title 5, Chapter 5.14 and Title 18, Chapter
6187 18.50 of this code, where strict compliance with the provisions is economically or
6188 structurally impracticable and any approved alternative substantially accomplishes the
6189 purpose and intent of the requirement deviated from;
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LEGISLATIVE DRAFT
6190 D. Conduct housing impact hearings pursuant to Title 18, Chapter 18.64 of this code;
6191 E. Recommend new procedures to the building official and new ordinances regarding
6192 housing to the city council; and
6193 F. Hear and decide appeals as specified in Title 18, Chapter 18.48 of this code.
6194
6195 2.21.040: HAAB PANELS:
6196 Unless otherwise determined appropriate by the chair, HAAB may exercise any of its
6197 responsibilities under title 5, chapter 5.14, or title 18, chapter 18.50 of this code in panels of five
6198 (5) voting members appointed by the chair. (Ord. 65-15, 2015)
6199
6200 SECTION 24. Amending the text of Salt Lake City Code Section 2.80.040. That Section
6201 2.80.040 of the Salt Lake City Code (Housing Trust Fund Advisory Board: Fund Created) shall
6202 be, and hereby is amended as follows:
6203 2.80.040: FUND CREATED:
6204
6205 There is created a restricted account within the general fund, to be designated as the "Salt Lake
6206 City housing trust fund" (the "fund"). The fund shall be accounted for separately within the
6207 general fund, and the fund shall be used exclusively to assist with affordable and special
6208 needs housing in the city. No expenditures shall be made from the fund without approval of the
6209 city council.
6210 A. There shall be deposited into the fund all monies received by the city, regardless
6211 of source, which are dedicated to affordable housing and special needs housing including, but not
6212 limited to, the following:
6213 1. Grants, loan repayments, bonuses, entitlements, mitigation fees,
6214 forfeitures, donations, redevelopment tax increment income, and all other monies
6215 dedicated to affordable and special needs housing received by the city from federal, state,
6216 or local governments;
6217 2. Real property contributed to or acquired by the city under other ordinances
6218 for the purposes of preserving, developing, or restoring affordable housing;
6219 3. Monies appropriated to the fund by the council; and
6220 4. Contributions made specifically for this purpose from other public or
6221 private sources.
6222 5. CDBG, ESG, and HOPWA monies only as designated by the city's
6223 community development advisory board and approved by the mayor and city
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LEGISLATIVE DRAFT
6224 council, and HOME monies only as designated by the city's housing trust fund advisory
6225 and appeals board and approved by the mayor and city council.
6226 B. The monies in the fund shall be invested by the city treasurer in accordance with
6227 the usual procedures for such special accounts. All interest or other earnings derived from fund
6228 monies shall be deposited in the fund.
6229
6230 SECTION 25. Amending the text of Salt Lake City Code Subsection 5.14.120.B.2. That
6231 Subsection 5.14.120.B.2 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
6232 Penalties: Amount of Penalty) shall be, and hereby is amended as follows:
6233 2. Amount Oof Penalty: Civil penalties shall accrue as follows:
6234 a. Violations of the self-certification standards established by the City: Fifty
6235 dollars ($50.00) per violation per day. If more than ten (10) violations exist,
6236 the daily penalties shall double.
6237 b. Failure to obey an interpretation, decision or requirement of the Housing
6238 Advisory and Appeals Board: Twenty five dollars ($25.00) per violation per
6239 day.
6240
6241 SECTION 26. Amending the text of Salt Lake City Code Subsection 5.14.120.B.6. That
6242 Subsection 5.14.120.B.6 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
6243 Penalties: Appeals) shall be, and hereby is amended as follows:
6244 6. Appeals:
6245 a. Appeals Contesting Tthe Existence Oof Aa Violation:
6246 (1) Appeals contesting the existence of the violation must be done in
6247 accordance with Section 18.12.030filed with the Housing Advisory and
6248 Appeals Board pursuant to section 5.14.125 of this chapter within thirty
6249 (30) days from the date the original notice of violation was issued.
6250 b. Appeals Contesting Tthe Amount Oof Tthe Penalties Imposed: any person
6251 receiving a notice of violation may appeal the civil fines imposed, but not the
6252 basis therefor (which must be done pursuant to Subsection 5.14.120.B.6.a), in
6253 accordance with Section 18.12.050.
6254 (1) The Mayor, or his/her designee, shall appoint such Hearing Officer as the
6255 Mayor, or his/her designee, deems appropriate to consider matters relating
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LEGISLATIVE DRAFT
6256 to the violation of this chapter. The Hearing Officer shall have the
6257 authority to hear evidence, reduce or eliminate penalty amounts, and to
6258 make such equitable adjustments as he/she deems appropriate.
6259 (2) Any person receiving a notice of violation may appear before a Hearing
6260 Officer to appeal the amount of the penalty imposed. However, no party
6261 may appear before a Hearing Officer until violations identified have been
6262 corrected and a notice of compliance has been issued.
6263 (3) The Hearing Officer shall maintain complete and permanent records of all
6264 inspections and decisions.
6265 (4) The burden to prove any defense shall be upon the person raising such
6266 defense.
6267 (5) Commencement of any action to remove or reduce penalties shall not
6268 relieve the responsibility of any person cited to make payment of
6269 subsequently accrued civil penalties nor shall it require the City to reissue
6270 any of the notices required by this chapter.
6271 (6) The Hearing Officer may adjust, reduce or eliminate penalties or create
6272 payment plans relating to penalties accrued by the person cited. In the
6273 administration of this duty, the Hearing Officer may reduce or eliminate
6274 penalties based upon any circumstance or other equitable consideration the
6275 Hearing Officer finds to be applicable. In cases where the administrative
6276 process has not been followed by the division, the Hearing Officer has the
6277 authority to reduce or eliminate penalties.
6278 (7) Payment plans may be created by the Hearing Officer. Although the
6279 Hearing Officer has the ultimate authority in establishing the payment
6280 schedule, the minimum payment schedule provided by the Department of
6281 Community and Neighborhoods should be followed. Once a payment
6282 schedule has been developed by the Hearing Officer, and agreed to by the
6283 person cited, failure to submit any two (2) payments as scheduled will
6284 require payment of the entire amount of the original penalty immediately.
6285
6286 SECTION 27. Repealing Salt Lake City Code Section 5.14.125. That Section 5.14.125 of
6287 the Salt Lake City Code (Housing Advisory and Appeals Board Appellate Process Details) shall
6288 be, and hereby is repealed in its entirety as follows:
6289 5.14.125: HOUSING ADVISORY AND APPEALS BOARD APPELLATE PROCESS
6290 DETAILS:
6291 A. Filing Of Appeals: Appeals shall be submitted on an appeal form provided by the
6292 building official. The appellant shall state the specific order or action protested and a statement
176
LEGISLATIVE DRAFT
6293 of the relief sought, along with the reasons why the order or action should be reversed, modified
6294 or otherwise set aside.
6295 B. Failure To Appeal: Failure of any person to file an appeal in accordance with the
6296 provisions of this section shall constitute a waiver of the person's right to an appeal.
6297 C. Inspection Of The Premises: Before any hearing is held by a Housing Advisory
6298 and Appeals Board panel, the panel shall inspect the building or premises involved. Prior notice
6299 of such inspection shall be given to the notified party filing the appeal, who may be present at
6300 such inspection. Upon completion of the inspection, the Chairperson of the panel shall state for
6301 the record the material facts observed at the inspection, which facts shall be read at the initiation
6302 of the hearing. Failure of the notified party to provide access without good cause as determined
6303 by the building official shall not constitute a reason for the hearing to be postponed and the
6304 appeal may be denied.
6305 D. Written Notice: Written notice of the time and place of panel hearings shall be
6306 mailed to the appellant in accordance with procedures adopted by the Housing Advisory and
6307 Appeals Board.
6308 E. Appeals Hearing: Any notified party may appear personally or authorize a
6309 designee to act in their behalf. The City and any notified party may call and examine witnesses
6310 on any relevant matter, introduce documentary and physical evidence, and cross examine
6311 opposing witnesses. Any relevant evidence shall be admitted.
6312 F. Record: A record of the entire proceeding of all appellate hearings under this
6313 section shall be made by tape recording, or by any other means of permanent recording
6314 determined to be appropriate by the Housing Advisory and Appeals Board. The record shall be
6315 retained on file in accordance with the City's record retention schedule.
6316
6317 SECTION 28. Amending the Salt Lake City consolidated fee schedule. That the Salt
6318 Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect
6319 the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City
6320 consolidated fee schedule shall be published on the official Salt Lake City website.
6321
6322 SECTION 29. Effective Date. That this ordinance shall become effective on the date of
6323 its first publication.
6324
177
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6325 Passed by the City Council of Salt Lake City, Utah this ___ day of ____________ 2024.
6326
6327 ______________________________________
6328 CHAIRPERSON
6329
6330 ATTEST:
6331
6332 _________________________
6333 CITY RECORDER
6334
6335
6336 Transmitted to Mayor on ____________________________.
6337
6338 Mayor’s Action: _________ Approved. ____________ Vetoed.
6339
6340
6341 _______________________________________
6342 MAYOR
6343
6344
6345
6346
6347 (SEAL)
6348
6349 Bill No. _______ of 2024.
6350 Published: __________________
63516352 Ordinance amending Title 18 administration_v3
178
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6353
6354 EXHIBIT A
6355
6356
COMMUNITY AND NEIGHBORHOODS (CAN)
Service Fee Additional Information Section
Boarding or Securing of
Buildings
Boarding administrative costs $129500 Plus actual costs, see Section
18.48.100
18.48.100
Boarding registration fee $1,54614,000 Per parcel 18.48.215
Boarding registration fee for a
contributing structure or landmark site
$14,850 Per parcel 18.48.215
Late penalty for registration fee
nonpayment
$25 Per 30 days (or any partial month)
until paid
18.48.215
Other abatement administrative cost $129 Plus actual costs for weed
abatement and other adatement
work
18.48, 9.36,
21A.20
City maintenance of building $219 Annual, plus actual costs, see Section
18.48.2570
18.48.2570
Building Code Enforcement
Violation of Title 18 (except Ch. 18.50 or
Stop Work Order)
$100 18.24.030
Violation of Stop Work Order $250 18.24.040.B
Violation of Ch. 18.50
Substandard condition $2550 18.50.100.D
Hazardous condition $50100 18.50.100.D
Imminent danger condition $75250 18.50.100.D
Appeal of a decision to the board of
appeals and examiners
$285 Add’l fee for required public notices 18.12.020
6357
6358
__________________
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
Jill Love 05/09/2024
Jill Love (May 9, 2024 09:14 MDT)Date Received:
Jill Love, Chief Administrative Officer Date sent to Council: 05/09/2024
TO:Salt Lake City Council DATE: 05/07/24
Victoria Petro-Eschler, Chair
FROM:Blake Thomas, Director of Community & Neighborhoods
_
SUBJECT:Proposed Text Amendments to Title 18
STAFF CONTACTS: Troy Anderson t.anderson@slcgov.com; Craig Weinheimer
craig.weingheimer@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Consider and adopt the attached ordinance
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: The City Council is being asked to adopt a text amendment to
an existing ordinance. This city-initiated petition is proposing changes to Title 18 Buildings and
Construction. Title 18 has not received a comprehensive update to keep pace with state law and
administrative practices in decades. The changes are necessary to bring the city's building
regulations into compliance with state law by adopting certain uniform building codes as well as
modernizing administrative procedures. This proposal increases fees associated with the boarded
building program to reflect the city’s actual cost of regulation, eliminates code that is duplicative
or irreconcilable with state-wide adopted building codes, creates an administrative enforcement
mechanism for building code violations, updates existing residential housing standards based on
precedent from the housing advisory appeals board, and creates one standard appeal process to a
streamlined board of appeals and examiners for any violation of Title 18. The proposal also updates
portions of Title 21A related to zoning enforcement to reflect existing city administrative practices
and increases daily fines associated with uncorrected zoning violations.
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
PUBLIC PROCESS:
October 26, 2023 - The Early Notice Letter was sent to recognized community
organizations and all boarded building property owners of record.
October 27, 2023 – The city website for the proposal was posted to the Planning webpage.
January 11, 2024 – Planning Commission agenda was posted on the Planning webpage.
January 24, 2024 – Planning Commission recommends City Council approve the proposal.
EXHIBITS:
1.Memorandum Updates
2.Planning Commission Staff report
3.Proposed Ordinance
1. Memorandum Updates
To: City Council Members
From: Craig Weinheimer
Date: March 14, 2024
Re: Title 18 changes
proposal
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
A Planning Commission meeting was held on January 24, 2024 in which Building Services
provided a presentation outlining proposed changes to Title 18. The Planning Commission
voted to recommend approval to the City Council. Since this time, Staff have identified a few
changes to the proposal:
1.Boarded Buildings Fee Study
The Finance Department conducted a cost analysis and found that each boarded building
permit cost the City a total of $22,537 annually between Civil Enforcement and emergency
services (i.e., Police and Fire). Upon further investigation the Finance Department has
corrected the fee study reporting a total of $15,551 for each boarded building annually.
2.Boarding Registration Late Fee and Interest.
The Title 18 proposal provided to the Planning Commission identified in section 18.48.125 a
late penalty and interest provision that was not in accordance with Finance Department
procedures as found in Title 3.16.040. This has been corrected in the most recent proposal.
3.Boarded Building Registration Fee Amount
The Fee Study cited in the proposal has identified an operating cost of $15,551 and a maximum
proposed fee increase to be $14,000 due to small claims collections requirements. The current
renewal fee is $1,546. Building services is recommending potential boarding registration fee
increases in the range of $3,000, $6,000, or $14,000 per year.
MEMORANDUM
BUILDING SERVICES DIVISION
2. Planning Commission Staff Report
ATTACHMENTS:
To: Salt Lake City Planning Commission
From:Craig Weinheimer, Civil Enforcement Legal Investigator,
craig.weinheimer@slcgov.com , 801-535-6682
Date:January 24,2023
Re:PLNPCM2023-00868, Building Code Administration and Enforcement
Building Code Administration & Enforcement
REQUEST:
This city-initiated petition is proposing changes to Title 18 Buildings and Construction. Title 18
has not received a comprehensive update to keep pace with state law and administrative practices
in decades. The changes are necessary to bring the city's building regulations into compliance with
state law adopting certain uniform building codes as well as modernizing administrative
procedures. This proposal increases fees associated with the boarded building program to reflect
the city’s actual cost of regulation, eliminates code that is duplicative or irreconcilable with state-
adopted building codes, creates an administrative enforcement mechanism for building code
violations, updates existing residential housing standards based on precedent from the housing
advisory appeals board, and creates one standard appeal process to a streamlined board of appeals
and examiners for any violation of Title 18. The proposal also updates portions of Title 21A related
to zoning enforcement to reflect existing city administrative practices and increases daily fines
associated with uncorrected zoning violations.
RECOMMENDATION:
That the planning commission recommends that the city council adopt the proposal.
ATTACHMENT A: Proposed Ordinance Amending Title 18
ATTACHMENT B: Public Process & Comments
This proposal is a comprehensive update to Title 18, with related updates to enforcement and
appeal mechanisms for zoning violations (which are found in Title 21A and that are enforced by
building services). The four substantive changes fall into the following categories: Boarded and
Vacant Building Program; Building Code Enforcement Process; Housing Code Updates; Removal
of Duplicative or Overlapping Codes; and Zoning Code Enforcement Updates.
Boarded and Vacant Building Program (Sections 18.48.200-260)
Staff Report
BUILDING SERVICES DIVISION
PROJECT DESCRIPTION:
In 2022, the city council requested that the administration propose a change in boarded building fees to
capture the full city cost of both monitoring/boarding and emergency services at those properties. The intent
was to increase boarding permit fees to recuperate the city costs related to administering the inspection and
monitoring of dangerous/boarded buildings. The finance department conducted a cost analysis, and the
findings were that each boarded building permit costs the city a total of $22,537 annually between building
services and emergency services (police and fire). The city currently charges $902 for the initial year permit
fee and $1,546 for subsequent years.
Updates to this program reflected in this proposal are as follows:
Changing the program from an annual boarding permit to an annual registration. This type of
boarded or vacant building registry was instituted in other cities during the Great Recession. A
registry more accurately reflects the nature of the city’s monitoring and regulation, since boarding
does not necessarily occur every year (as a permit suggests).
Recording notices against the title on properties on the registry to let any interested buyer know that
(1) the property is subject to the registry with annual registration fees, and (2) that boarding costs
actually incurred by the city may be outstanding (which fees could be a lien against the title once
sent to the Salt Lake County Treasurer).
Incorporates a standard citation and appeal process, which will be the same for any Title 18
violation (found in Chapters 18.24 and 18.12).
Increase the annual fee to $14,000 or less. This would result in the recuperation of 62% of the actual
city costs. The current fee structure has an initial year fee and an annual fee for subsequent years.
The proposal is to amend the initial year fee and make it the same amount as the subsequent yearly
fee. The main reason is to simplify the process of tracking and collecting unpaid fees.
Increase the administrative cost fee and the late penalty fee. The administrative cost fee is only
charged when a city contractor performs boarding on private property, and it’s an excellent way to
penalize those property owners who are not involved in the boarding and maintenance of their
property. The current fee is $129. This proposal would increase the fee to $2,000 for each instance
of boarding. The late penalty fee is currently $25 for every thirty days in which the annual fees are
not paid. We propose an increase to $100 for this fee.
Building Code Enforcement Process (Chapters 18.12, 18.24, and 2.21, and Section 5.14.125)
Building services has experienced a number of recent impediments to an effective enforcement and citation
appeal process. First, state-adopted building code requires that the city have a board of appeals and
examiners, but this five-member board was difficult to keep staffed by qualified persons. Second, the
Housing Advisory Appeals Board is a separate ten member board that required additional staff to administer
and sometimes reached conclusions that were difficult to justify. Third, Title 18 did not have a general civil
citation and appeal process (except that a stop work order could be issued pursuant to state adopted building
codes). Fourth, subject-specific portions of Title 18 had specific citation and appeal processes, which were
not consistent with one another, making any enforcement process unduly difficult. And finally, recent
construction problems have resulted in building services revisiting the current tools and fines available in
the event contractors and owners refuse to correct violations. The current general Title 18 enforcement
process relied on criminal proceedings and only a couple of discrete violations (such
as building without a permit) could be enforced through Title 21A, which is the zoning ordinance. In order
to address these issues Titles 18, 2, and 5 have been revised as follows:
The board of appeals and examiners has been streamlined to require only one appeal hearing
officer, along with the building official as an ex-officio member (this building official status on
the board is consistent with state-adopted building code).
The Housing Advisory Appeals Board is being eliminated in favor of one appeal body – the board
of appeals and examiners (which the city must have according to state-adopted building code) – to
reduce administrative burden and keep appeal processes consistent.
A standard appeal process for any violation of Title 18 has been added to Chapter 18.12. This
process is nearly identical to an appeal of an administrative decision made pursuant to Title 21A.
A fines-only appeal process for any violation of Title 18 has been added to Chapter 18.12. This
process is identical to the fines-only appeal process for a zoning code violation.
Significant changes to Chapter 18.24 were made to describe the city’s remedies in the event of a
violation of Title 18, which will now include a civil citation and civil fines process. This process
is nearly identical to the process for citing and fining individuals and businesses for zoning
violations.
New fines are being adopted now that a civil citation process has been created within Title
18. General violations will be $100 per day; violation of a stop work order will be $250 per day;
housing code (Chapter 18.50) violations will be between $50 and $200 per day depending on the
severity of the violation.
Currently Title 18 only permits enforcement by stop work order and criminal proceedings. With these new
standardized enforcement and appeal processes, in addition to the criminal proceedings, we will have a
more effective tool to get properties and construction projects into compliance. The current cost for criminal
violations of the building code is a $1,000 fine, double permit fees, a stop work order, or a re-inspection fee
of $75.00. This process works well in the majority of the enforcement cases we have. However, like most
cities, pursuing criminal citations for these type of municipal ordinance violations are rare. The other
remedies and fines are low enough to be completely ignored by some property owners and builders. If we
can implement the assessment of daily fines for civil violations it will make the fines high enough that they
will not be ignored by the property owner or contractor. This will give us a better enforcement tool for
future construction violations and decrease the number of violations not rectified.
Housing Code Updates (Chapters 18.50 and 18.96)
The Existing Residential Housing Code in Chapter 18.50, originally enacted in 1995, made reference to
building, plumbing, mechanical, and electrical codes that were adopted at the time under the umbrella of
the Uniform Building Codes. These UBC codes have since been replaced in Utah with the International
Construction Codes. This proposal will update code references in Chapter 18.50 to conform with the Utah
adopted ICC codes. The Fit Premises codes in Chapter
18.96 set forth certain rental housing standards. Some of these codes have been preempted by state law,
and therefore needed to be removed. These chapters were also revised to incorporate
APPROVAL PROCESS AND COMMISSION AUTHORITY
the standard citation and appeal process for any Title 18 violation, though residential rental housing owners
will have the right to a warning notice before a citation is issued. In addition to removing old references to
the UBC and replacing them with current state-adopted building codes, some standards have also been
revised to incorporate standards unofficially implemented for many years in Salt Lake City by the HAAB
board.
Removal of Duplicative or Overlapping Codes
Since Title 18 has not been comprehensively updated in decades there are many chapters that are no longer
being used because the subject matter is already comprehensively covered in the state- adopted building
codes, or in Title 21A. In order to streamline the code and eliminate such duplication or overlap, Section
18.28.050 and Chapters 18.32, 18.36, 18.48 article 1, 18.56, and
18.92 are being removed.
Zoning Code Enforcement Updates (Chapter 21A.20)
As part of implementing a civil citation and fine process within Title 18, certain amendments to the zoning
enforcement chapter (Chapter 21A.20) are necessary to reflect building services’ current enforcement
procedures. These amendments reflect the following changes:
Consistent with other revisions to Title 21A, definitions are being moved to the general zoning
definitions chapter (21A.62).
Building services current citation process is now reflected, including when a notice and order can
be issued, what it needs to include, how it needs to be sent, and a recipient’s ability to appeal the
notice and order.
Zoning violations fines are being increased from $25 to $50 per day for residential properties and
from $100 to $200 per day for commercial properties. Zoning fines have not been increased since
approximately 1999 (and some zoning violations pre-1999 were subject to fine amounts that are
identical to the amounts being proposed in the current amendments).
A new fine amount for failing to have a certificate of appropriateness for work on the exterior of
historic district properties is proposed at $50 per day, but if the work that was done is a full or
partial demolition of a contributing or landmark structure, then the fine would be $250 per day.
Clarifying that citation notices can be sent by any reputable mail tracking service that confirms
delivery, as opposed to just by “certified mail” or “commercial courier service.”
The planning commission is a recommending body for code amendments pertaining to land use regulation.
Because some of the amendments impact land use, the building services division is bringing all of the amendments
to the planning commission for review and recommendation. The planning commission can consider
forwarding the proposal to the city council for adoption as is, with modification as to any land use related
aspect of the proposal provided the modification complies with applicable state and federal laws or recommend
that the proposal not be adopted. If considering
KEY CONSIDERATIONS
STAFF RECOMMENDATION
modifications, the commission can provide clear direction to building services staff regarding the changes
and ask that the changes be made prior to sending the proposal to the council for consideration, provide staff
with exact wording (or deletions) that are desired, or table the matter with clear direction to staff to make specific
changes that will be reviewed by the commission at a later date. The commission should note that this item is
time-sensitive because the council has directed that the building code enforcement updates reflected in the
proposed ordinance be sent to the council before the affordable housing incentives ordinance is set to take effect
on April 30, 2024. Tabling the matter may create a risk in complying with the council’s request. If a
commissioner has an issue with any aspect of the code, it is recommended to contact staff as soon as possible
so we are prepared for the public hearing.
The key considerations listed below were identified through the analysis of the project:
1.How the proposal helps implement city goals and policies.
2.Compliance with Utah Code.
3.Impact on zoning code.
Consideration 1: How the proposal helps implement city goals and policies
This proposal accomplishes city goals by pursuing administrative efficiency, administrative
transparency, and charging fees commensurate with the city’s actual regulation costs.
Consideration 2: Compliance with Utah Code
This proposal is necessary to bring the city’s building and construction code title into conformance with state-
adopted building codes.
Consideration 3: Impact on the zoning code
This proposal does not negatively impact the zoning code. Definitions in Title 18 were reconciled with existing
definitions in Title 21A. Overlapping regulations were also eliminated (to maintain such regulations within
Title 21A that are not appropriate for construction regulation under Title 18). No substantive zoning standards
are being amended in Title 21A through this proposal. Rather, the enforcement portions of Title 21A are
being updated to reflect building services’ existing zoning enforcement processes, as well as increase or
create fines for violations that previously had no fine attached.
The planning commission should recommend that the city council adopt the proposed changes to Title 18
and the relevant portions of Title 2, 5, and 21A based on the information presented in this staff report
This proposal will be presented to the City Council regardless of the recommendation of the commission
because it is a code amendment, and the city council has final approval authority for all city code amendments.
To eliminate inconsistencies with state-adopted building codes and reflect the city’s current zoning enforcement
procedures Title 18 should be updated. The division of building services expects the city council to adopt this
proposal. However, there may be aspects of the proposal that are modified by the city council. The council can
modify any aspect of the proposal because the entire title of code is under consideration.
NEXT STEPS
3. Proposed Ordinance
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SALT LAKE CITY ORDINANCE
No. of 2024
(An ordinance amending the text of Titles 2, 5, 18 and 21A of the Salt Lake City Code to
modernize the administration, enforcement, and appeals procedures applicable to the state
construction codes)
An ordinance amending the text of Titles 2, 5, 18, and 21A of the Salt Lake City Code to
modernize the administration, enforcement, and appeals procedures applicable to the state
construction codes pursuant to Petition No. PLNPM2023-00868.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on January 24, 2024 to consider a petition by the Salt Lake City Council (“City
Council”) to amend various provisions of Titles 2, 5, 18 and 21A of the Salt Lake City Code
pursuant to Petition No. PLNPM2023-00868; and
WHEREAS, at its January 24, 2024 meeting, the Planning Commission voted in favor of
transmitting 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 1. Amending the text of Salt Lake City Code Chapter 18.04. That Chapter
18.04 of the Salt Lake City Code (Administration and Enforcement: Administration and General
Provisions) shall be, and hereby is amended as follows:
CHAPTER 18.04
ADMINISTRATION AND GENERAL PROVISIONS
18.04.010: DIVISION OF BUILDING SERVICES:
This title establishes the duties of the division of building services.
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18.04.020: DEFINITIONS:
A. Where undefined terms are used in this title, the definitions of "Webster's
Collegiate Dictionary" shall apply.
B. All words and phrases defined in this section shall be given such defined
meanings wherever used in this title, including the following:
BUILDING OFFICIAL: Means and refers to the director of the division of building services, or
his/her designee.
DEVELOPMENT: any building activity or clearing of land as an adjunct of construction.
DEVELOPMENT ACTIVITY: shall have the same meaning as defined in Utah Code §10-9a-
103 or its successor provisions.
DIVISION: Means and refers to the division of building services of the city.
ENFORCEMENT OFFICIAL: any person employed by and authorized by the city to enforce
violations of state law or this title, including, but not limited to, building inspectors, the building
official, fire marshals, and civil enforcement officers.
NONCOMPLIANT PROPERTY: property where one or more violations of this title have
occurred or are currently occurring.
NOTICE OF NONCOMPLIANCE: a document, in any form, giving notice to interested parties
that one or more violations of city code exist on the noncompliant property.
PERSON: any individual, receiver, assignee, trustee in bankruptcy, trust, estate firm, co-
partnership, joint venture, club, company, joint stock company, business trust, limited liability
company, corporation, association, legal entity, society or other group of individuals acting as a
unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
RESPONSIBLE PARTY: means the person(s) determined by the city who is responsible for
causing, maintaining, or allowing the continuation of a violation of this title. This may include,
but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder,
contractor, business owner, or other person who individually or together with another person is
responsible for causing, maintaining, or allowing the continuation or a violation of any provision
of the code.
18.04.030: RESERVED
18.04.040: BUILDING AND CONSTRUCTION CODES ADOPTED:
The following codes, as adopted by the State of Utah, along with any adopted appendices are
hereby adopted as part of the code of Salt Lake City:
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The International Building Code, as promulgated by Title 15A of the Utah State Code;
The International Residential Code, as promulgated by Title 15A of the Utah State Code;
The International Fire Code;
International Existing Building Code;
International Energy Conservation Code;
International Fuel Gas Code;
National Electrical Code;
The International Mechanical Code;
The International Plumbing Code;
The International Swimming Pool and Spa Code;
Rule R156-56 of the Utah Administrative Code;
ICC/MBI 1205-2021 Standard for Off-Site Construction: Inspection and Regulatory
Compliance, or its successor, and
1997 Uniform Code for the Abatement of Dangerous Buildings
18.04.050: RESERVED
18.04.060: RESOLUTION OF CONFLICTING PROVISIONS:
Wherever conflicting provisions or requirements of the codes adopted in Section 18.04.040 or
the provision of this title occur, the most restrictive provisions or requirements shall govern. In
the event a provision of this title conflicts with an is more restrictive than the codes adopted in
Utah Code Title 15A, the provisions of Title 15A shall govern.
18.04.070: LIABILITY LIMITATIONS:
Nothing in this title shall be construed to relieve or lessen the responsibility of any contractor,
owner, or any other persons involved, for apparatus, construction or equipment installed by or
for them, for damages to anyone injured or damaged either in person or property by any defect
therein, nor shall the city or any employee thereof be held to assume any liability by reason of
the inspections authorized herein, or the certificate of occupancy issued by the building official.
SECTION 2. Amending the text of Salt Lake City Code Chapter 18.08. That Chapter
18.08 of the Salt Lake City Code (Administration and Enforcement: Organization) shall be, and
hereby is amended as follows:
CHAPTER 18.08
ORGANIZATION
18.08.010: DIVISION ESTABLISHED:
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There is established, in the department of community and neighborhoods, a subordinate division
of building services, to be under the supervision of the building official. The function of the
division shall be the implementation, administration and enforcement of the provisions of this
title.
18.08.020: POWERS AND DUTIES OF THE DIVISION:
The functions of the division of building services shall be:
A. To enforce the zoning laws of Salt Lake City;
B. To carry out, enforce and perform all duties, provisions and mandates designated,
made and set forth in the ordinances of the city concerning building, plumbing, electrical and
mechanical construction, and construction related fire suppression;
C. To examine and approve all plans and specifications before building permits shall
be issued, and to inspect or cause to be inspected all buildings and structures erected in the city;
and
D. To perform all of the functions and have all of the powers required of and
conferred on the building official by the ordinances of the city.
18.08.030: BUILDING OFFICIAL; EMPLOYMENT:
The mayor shall employ a qualified building official and such other employees of the division
that may from time to time be required to perform the functions of this title, at such
compensation and for such periods of time as the mayor may deem proper.
18.08.040: BUILDING OFFICIAL; POWERS AND DUTIES:
The building official shall maintain public office hours necessary to efficiently administer the
following duties:
A. Maintain an official register of all persons, firms or corporations lawfully entitled
to carry on or engage in the businesses regulated by this title to whom a current license has been
issued by the department of contractors of the state;
B. Issue building permits to properly licensed persons, firms or corporations for
work to be done within the scope of this title;
C. Administer and enforce the provisions of this title in a manner consistent with the
intent thereof, and inspect all work authorized by any permit, to assure compliance with
provisions of this title or amendments thereto, approving or condemning such work in whole or
in part, as conditions require;
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D. Issue a certificate of approval or certificate of occupancy for all work approved by
him/her;
E. Require correction or reject all work done or being done, or materials used or
being used which do not in all respects comply with the provisions of this title and amendments
thereto;
F. Order changes in workmanship and/or materials essential to obtain compliance
with all provisions of this title;
G. Investigate any construction or work regulated by this title and issue such notices
and/or stop work orders which are necessary to prevent or to correct dangerous or unsanitary
conditions;
H. Recommend revocation of contractor licenses to the state department of business
regulation for cause;
I. Authorize any utility to make necessary connections for power, water or gas to all
applicants for such power or water in the city, when the installation and all facets of the
construction or remodel project conform to this title
J. Verify that buildings not built on site in Salt Lake City (Factory Built Buildings)
are built, inspected, and installed in accordance with the "ICC/MBI Standard for Off-Site
Construction: Planning, Design, Fabrication and Assembly", or its successor document. In order
for the building official to allow occupancy of qualifying structures, units delivered on site must
be provided with a permanently affixed tag identifying the technical code versions, with Utah
State Amendments, under which they were built. Individuals making the inspections must be
certified and licensed building inspectors in the State of Utah; and
K. The building official may render interpretations of this title and adopt and enforce
rules and supplemental regulations pursuant to adopted state construction codes to clarify the
application of its provisions. Such interpretations, rules and regulations shall conform to the
intent and purpose of this title, and shall be made available in writing for public inspection upon
request.
18.08.050: BUILDING OFFICIAL; DELEGATION OF AUTHORITY:
The building official may delegate any of his/her powers and duties.
18.08.060: BUILDING OFFICIAL; UTILITY DISCONNECTION AUTHORITY:
The building official, or the building official's authorized representative, shall have the authority
to disconnect or order discontinuance of any utility service or energy supply to buildings,
structures or equipment therein regulated by this code, in cases of emergency or where necessary
to protect life and property. Such utility service shall be discontinued until the emergency or
threat to life or property has ceased.
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18.08.070: BUILDING OFFICIAL; LIABILITY LIMITATIONS:
The building official, appeals hearing officer, fines hearing officer, or enforcement officials,
when acting for the city in good faith and without malice in the discharge of his/her duties, shall
not thereby render himself/herself liable personally, and the same are hereby relieved from all
personal liability for any damage that may accrue to persons or property as a result of any act
required or by reason of any act or omission in the discharge of such official's duties.
18.08.080: BUILDING OFFICIAL; RIGHT OF ENTRY FOR INSPECTIONS:
The building official and any enforcement official shall have the right of entry, within reasonable
hours, to any building or premises for the purpose of inspection, or to investigate any work or
conditions governed by this title.
18.08.090: BUILDING OFFICIAL; CONFLICT OF INTEREST PROHIBITED:
The building official and his/her assistants shall not in any way engage in the sale or installation
of equipment or supplies upon which they are required to make inspection under this code.
SECTION 3. Amending the text of Salt Lake City Code Chapter 18.12. That Chapter
18.12 of the Salt Lake City Code (Administration and Enforcement: Board of Appeals and
Examiners) shall be, and hereby is amended as follows:
CHAPTER 18.12
BOARD OF APPEALS AND EXAMINERS
18.12.010: GENERAL PROVISIONS:
The provisions of chapter 2.07 of this title shall apply to the board of appeals and examiners
except as otherwise set forth in this chapter.
18.12.020: BOARD OF APPEALS CREATED; PURPOSE AND AUTHORITY:
In order to (1) hear and decide appeals of orders, decisions or determinations made by the
building official relative to the application and interpretation of this title, including any state
construction code adopted pursuant to Section 18.04.040, or (2) hear and decide appeals of
orders by enforcement officials, there shall be and is hereby created a board of appeals and
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examiners comprised of an appeals hearing officer and the building official. The building official
shall be an ex officio member of said board but shall not have a vote on any matter before the
board. The mayor may appoint more than one appeals hearing officer, but only one appeals
hearing officer shall consider and decide upon any matter before the board. The appeals hearing
officer may serve consecutive four year terms upon the advice of the mayor and consent of the
city council. The appeals hearing officer need not be a resident of Salt Lake City. The board shall
provide for reasonable interpretations of the provisions of this title and the appeals hearing
officer shall be qualified by experience and training to pass upon matters pertaining to building
construction, housing, and abatement codes and technical disciplines set forth in this title. The
board shall hear and decide appeals where it is alleged there is an error in any order, requirement,
decision or determination made by an administrative official in the enforcement of this title.
18.12.030: PROCEDURE FOR APPEALS TO THE BOARD OF APPEALS &
EXAMINERS:
Appeals of decisions by the building official or enforcement officials shall be taken in
accordance with the following procedures:
A. Form: The appeal shall be filed using an application form provided by the
building official. To be considered complete, the application must include all information
required on the application, including but not limited to identification of the order, decision or
determination being appealed, the alleged error made by stating each fact and every theory of
relief on appeal and one or more reasons the appellant claims the administrative decision is in
error. Incomplete applications will not be accepted.
B. Filing: The application must be submitted as indicated on the form by the
applicable deadline, together with all applicable fees as set forth in 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 the Utah Open and Public
Meetings Act, in accordance with the consolidated fee schedule, including costs of mailing,
preparation of mailing labels and all other costs relating to notification. All fees are due at the
time of filing the appeal. An appeal will not be considered complete until all applicable fees are
paid.
C. Parties Entitled to Appeal. An applicant, a board or officer of the city, or an
adversely affected party, as that term is defined by Utah Code 10-9a-103, or its successor, may
appeal.
D. Time for Filing an Appeal; Time for Hearing: The deadline for filing a complete
application for appeal is 10 days from the date of the decision, determination or order. Each
appeal shall be reviewed informally by the board no later than 45 days from the date of filing of
a written appeal, unless a later date is agreed to by the parties. Failure of any person to file an
appeal in accordance with the provisions of this section shall constitute a waiver of the person's
right to an appeal.
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A. Notice Required. Upon receipt of an appeal the board of appeals and examiners
shall schedule and hold a public hearing in accordance with the standards and procedures for
conducting public hearings set forth in Chapter 21A.10.
B. Standard of Review. The board shall conduct each appeal de novo. The
appellant has the burden of proving the decision appealed is incorrect. The board shall render a
decision based upon the applicable law. The board shall afford due process to the parties on
appeal. Each party may call such witnesses and present such evidence as it deems appropriate,
provided such evidence is not unduly cumulative or irrelevant as determined by the board.
Hearings shall be conducted informally. After hearing all evidence and legal arguments
presented by the parties, the board shall apply the plain language of the applicable law and
issue a written decision on the merits of all theories of relief the appellant raised in the appeal.
C. Effect of Decision. The decision of the board is a final decision of the city,
appealable to district court. No person may challenge in district court any order, decision, or
enforcement action taken pursuant to this title unless and until that person has exhausted the
administrative remedies provided by this chapter.
D. Procedures. The proceedings of each appeal hearing shall be recorded and such
recordings shall be retained for a period that is consistent with city retention policies and any
applicable retention requirements set forth in state law. The building official shall adopt
policies and procedures, consistent with the provisions of this chapter, for processing appeals,
the conduct of an appeal hearing, and for any other purpose considered necessary to properly
consider an appeal.
E. No Automatic Stay: Filing an appeal does not stay the decision appealed, unless a
provision of this title specifically states otherwise.
F. Requesting a Stay: The board may grant a request submitted by any party to the
appeal to stay a decision of the building official or enforcement official for a specified period of
time or until the board issues a decision, if the requesting party can show a stay is necessary to
prevent substantial harm to the requesting party. No request is required if a provision of this title
imposes an automatic stay upon the filing of an appeal with the board. If a stay is requested, the
board shall make reasonable efforts to determine whether a stay is appropriate within 10 days of
the appeal being deemed complete. If the board does not decide a request for a stay within 10
days of the appeal being deemed complete, the request shall be presumed denied. No stay will be
authorized for incomplete appeals or appeals filed after the appeal deadline.
18.12.040: BOARD DECISIONS:
The board of appeals shall render all decisions and findings in writing to the parties within 14
days of the hearing on the appeal.
18.12.050: APPEALS OF CIVIL FINES & ABATEMENT COSTS:
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A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
pursuant to Section 21A.06.090, may hear and decide appeals of civil fines and abatement costs
imposed pursuant to this title. As set forth in this section, the fines hearing officer may affirm
civil fines, reduce civil fines, and approve civil fine payment schedules. The fines hearing officer
may affirm or reduce an abatement statement of costs and may approve abatement cost payment
schedules.
B. Right to Appear: Any responsible party receiving a notice and order or statement
of abatement costs may appear before a fines hearing officer to appeal the amount of the civil
fine or abatement cost imposed by submitting a statement of appeal on a form provided by the
division of building services. However, in the case of civil fines, no party may appear before a
fines hearing officer until violations for which the fines have accrued have been corrected.
Appeals to a fines hearing officer contesting the amount of the civil fine imposed must be filed
within 30 days from the date of compliance. Appeals to a fines hearing officer contesting the
statement of abatement costs must be filed within 20 days from the date the statement of costs is
delivered, but the only issue on such appeal is the amount of such costs and not the city’s
determination to incur abatement costs. Failure of any person to file an appeal in accordance with
the provisions of this section shall constitute a waiver of the person's right to an appeal.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall
not relieve the responsibility of any responsible party to correct the violation or make payment of
accrued civil fines nor shall it require the city to reissue any of the notices required by this
chapter.
D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
hearing officer after the violation is corrected and if any of the following conditions exist:
1. Strict compliance with the notice and order would have caused an
imminent and irreparable injury to persons or property;
2. The violation and inability to correct the same were both caused by a force
majeure event such as war, act of nature, strike or civil disturbance;
3. A change in the actual ownership of the property was recorded with the
Salt Lake County Recorder's Office after a notice of violation was issued and the new
property owner is not related by blood, marriage or common ownership to the prior
owner; or
4. Such other mitigating circumstances as determined by the fines hearing
officer.
E. Notice Required. Upon receipt of an appeal of a statement of abatement costs the
fines hearing officer shall schedule and hold a public hearing in accordance with the standards
and procedures for conducting public hearings set forth in Chapter 21A.10.
F. Payment Schedule: At the request of a responsible party subject to civil fines or
abatement costs governed by this title, the fines hearing officer may approve a payment schedule
for the delayed or periodic payment of the applicable civil fine or abatement costs to
accommodate the person's unique circumstances or ability to pay.
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G. Failure to Comply with Payment Schedule: If a payment schedule has been
developed by the fines hearing officer, the failure by a person to submit any 2 payments as
scheduled shall cause the entire amount of the original civil fine or abatement cost to become
immediately due, less any payments actually made.
18.12.060: JUDICIAL REVIEW OF BOARD'S DECISIONS:
The city, or any person aggrieved by any decision of the board or fines hearing officer as to
abatement costs, may appeal to district court so long as the petition for such relief is filed with
the court within 30 days of the board’s or fines hearing officer’s decision.
SECTION 4. Amending the text of Salt Lake City Code Chapter 18.16. That Chapter
18.16 of the Salt Lake City Code (Administration and Enforcement: Registration and Licenses)
shall be, and hereby is amended as follows:
CHAPTER 18.16
LICENSES
18.16.010: STATE CONTRACTOR LICENSE REQUIRED:
Except as provided in Section 18.20.070, every applicant for a permit issued pursuant to this title
shall furnish evidence that such applicant is currently licensed under the provisions of the Utah
contractor's license law as it presently exists or hereafter may be amended, giving the
classification and number of the license, and shall have secured all licenses required by the
ordinances of Salt Lake City.
18.16.020: EXCAVATION BOND REQUIRED:
Any person, firm or corporation properly licensed to do business in accordance with this title
who in the course of their work has occasion to excavate in the city streets, alleys or rights of
way shall file an additional bond with the city in the amount of $10,000.00, or such larger
amount as the city engineer may require.
18.16.030: LICENSE NOT TRANSFERABLE:
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It is unlawful for any contractor to use such contractor's license or to allow his/her license to be
used in any way for the purpose of procuring a bond or permit for any person other than such
contractor.
18.16.040: SALE OF UNAPPROVED MECHANICAL EQUIPMENT PROHIBITED:
It is unlawful for any dealer or person to sell, deliver or offer for sale any mechanical equipment
or apparatus that has not been approved by a recognized listing agency.
SECTION 5. Amending the text of Salt Lake City Code Chapter 18.20. That Chapter
18.20 of the Salt Lake City Code (Administration and Enforcement: Permits and Inspections)
shall be, and hereby is amended as follows:
CHAPTER 18.20
PERMITS AND INSPECTIONS
18.20.010: WORK REQUIRING PERMIT:
No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish any building, structure or premises, or make any installation,
alteration or improvement to the electrical, fire, plumbing or mechanical system in a building,
structure or premises, or cause the same to be done, without first obtaining the prescribed permits
for each such building or structure or premises from the building official.
18.20.020: FEES:
A. Building permit fees shall be based on the total valuation of the proposed project
as shown on the Salt Lake City consolidated fee schedule.
B. Plan review fees shall be 65% of the building permit fees.
C. Fees to expedite building plan review as governed by Section 18.20.050 shall be 2
times the standard building plan review fee.
D. Penalties for not obtaining permanent certificate of occupancy will be $300.00 for
each month, after the initial 30 day temporary certificate of occupancy, which has no additional
cost associated with it; due before the first of the month and only allowed for up to 3 renewals
after the initial free 30 day period. Partial months will not be refunded.
E. Fees for renewing expired plan review after 180 days as governed by Section
18.20.110 shall be shown on the Salt Lake City consolidated fee schedule.
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A. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
each permit for fencing.
B. Other fees shall consist of electrical, mechanical and plumbing, and fire
suppression and monitoring equipment inspection fees as shown on the Salt Lake City
consolidated fee schedule.
18.20.030: APPLICATION; FORM AND FILING:
To apply for a building permit the applicant shall first file an application on a form furnished by
the building official and pay the requisite fee therefor as established in the Salt Lake City
consolidated fee schedule.
18.20.040: APPLICATION; PLANS AND OTHER DATA:
Each application for a permit shall be accompanied by all required plans, diagrams and other
data required by the building official. The building official may require the plans and other data
to be prepared and designed by an engineer or architect licensed by the state to practice as such.
18.20.050: APPLICATION; REVIEW; PERMIT ISSUANCE CONDITIONS:
A. Application Review: Except as provided in subsection B of this section, the
application plans and data filed by an applicant for a building permit shall be checked by the
building official. Said application may be reviewed by other government agencies or
departments to check compliance with the laws and ordinances under their jurisdiction. No
building permit shall be issued unless and until the plans and specifications comply with all
applicable land use regulations, including but not limited to Title 21A. The building official may
issue a permit for the construction of part of a building or structure before the entire plans and
specifications for the whole building or structure have been submitted or approved, provided
adequate information and detailed statements have been filed complying with all pertinent
requirements of this title. The holder of such permit shall proceed at his or her own risk without
assurance that the permit for the entire building or structure will be granted.
B. Expedited Plan Review: A building permit applicant may seek an expedited
building plan review, provided that the applicant pay the expedited plan review fee set forth in
Section 18.20.020 of this title. The expedited building plan review may be conducted by a
qualified third party with significant experience conducting building plan reviews, as selected
and approved by the building official. The person(s) assigned to conduct the expedited building
plan review shall provide initial comments, including corrections to be made to the building
plans, within 10 business days of the date the application was filed and all fees paid.
C. Plan Review Expiration: If a building permit applicant fails to submit corrected
building plans in accordance with the comments and requirements of the building services
division or its authorized representative within 180 days of the division transmitting such
comments and requirements to the applicant, or if the applicant fails to pay the required building
permit fee within 180 days of the division informing the applicant that its building plans are
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approved and the building permit fee is due, the plan review shall expire at the end of such
period and the review become null and void. An expired plan review may be renewed, provided
that the applicant pay the plan review renewal fee established in Section 18.20.020 of this title,
however, no plan review may be renewed after 3 years from the original submission date or if
new versions of the codes adopted pursuant to Section 18.04.040 have come into effect since the
prior plan review was conducted.
18.20.060: PERMIT; ISSUED TO LICENSED CONTRACTORS ONLY:
Except as otherwise provided by this title, no building permit shall be issued to any person other
than a duly licensed contractor licensed by the State of Utah Division of Professional Licensing
or its successor.
18.20.070: HOMEOWNER PERMITS:
Any permit required by this title may be issued to any person to do any work regulated by this
title in a single-family dwelling used exclusively for such person's living purposes, including the
usual accessory buildings and quarters in connection with such buildings, provided that any such
person is a bona fide owner of any such dwelling and accessory buildings and quarters, and that
the same are occupied or designed to be occupied by such owner, and further provided that the
owner shall furnish the building official with a complete layout drawing of the proposed work,
satisfy the building official that he or she has a working knowledge of the code requirements,
performs the work himself or herself, pays the necessary inspection fees, and calls for all
inspections required by this title.
18.20.080: PERMIT; EFFECT OF ISSUANCE:
The issuance of a permit or approval of plans or other data shall not be construed to be a permit
for or an approval of any violation of any of the provisions of this title, Title 21A, or any rights
of third parties. The issuance of a permit based upon plans and other data shall not prevent the
building official from thereafter requiring the correction of errors in said plans and data or from
stopping construction activity being carried on thereunder when in violation of this title or any
other law. The city shall have no obligation to enforce the rights of third parties or recover
damages to third parties due to the acts or omissions of permit holders.
18.20.090: START OF WORK WITHOUT PERMIT; PENALTY FEES;
EMERGENCIES:
A. Whenever any work requiring a permit under this title is commenced without a
permit first having been obtained the building official may pursue enforcement of this title
pursuant to Chapter 18.24.
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A. Fee Increase When: Whenever any construction or work for which a permit is
required by this title is started or commenced without obtaining the prescribed permit, the fees
specified in this title may be increased by the building official up to a fee of 10% of the valuation
of the proposed construction as determined by the building official, or $1,000.00, whichever is
greater, but the payment of such increased fees shall not relieve any persons from fully
complying with the requirements of this title in the execution of the work nor from any other
penalties prescribed herein.
B. Exception; Emergency Work: This section shall not apply to emergency work
when it shall be proved to the satisfaction of the building official that such work was urgently
necessary and that it was not practical to obtain a permit therefor before the commencement of
the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if
there be an unreasonable delay in obtaining a permit, a double fee, as herein provided, shall be
charged.
18.20.100: PERMIT; DENIAL CONDITIONS:
The building official may refuse to issue any permit for work governed by this title to any person
who has a permit revoked in accordance with this title, or during such time as such person fails
to comply with any provision of this title or Title 21A. No permit shall be issued to the
responsible party for a property actively subject to enforcement proceedings by the city for
violations of this title or Title 21A, except for permits required to correct the violations.
18.20.110: PERMIT; EXPIRATION AND RENEWAL:
Every permit issued by the building official under the provisions of this title shall expire by
limitation and become null and void if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit or if the building or work authorized
by such permit is suspended or abandoned at any time after the work is commenced for a period
of 180 days. Before such work can be recommenced, the permittee must request that the permit
be renewed by the building official and the fee therefor shall be 1/2 the amount required for a
new permit for such work. Such renewal may be granted if such request is made prior to the
permit expiring upon the permittee demonstrating justifiable cause for the renewal, and provided
no changes have been made or will be made in the original plans or scope of such work. Such
renewal shall be denied if such request is made after the permit has expired and (1) municipal
regulations impacting the use, size, yard, space or other requirements concerning the proposed
structure or development have changed since the permit was issued, (2) material changes have
been made or will be made in the original plans or scope of work, or (3) justifiable cause does
not exist to allow the project to be renewed. In connection with renewing a permit that pertains to
construction of a new structure or substantial exterior alteration of a site the building official may
impose reasonable conditions regarding a deadline to complete the work, posting of a bond,
erection of fences, securing methods, and similar conditions to mitigate the hazards of and limit
the nuisances of ongoing construction.
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18.20.120: PERMIT; NOT TRANSFERABLE:
Building permits are non-transferable without completion of a permit transfer document
approved by the building official. When any construction activity regulated by this title is not
completed by the permittee identified in the permit and is instead completed by any other person,
such person shall procure a permit to cover the work he or she performs.
18.20.130: PERMIT; SUSPENSION OR REVOCATION:
The building official may, in writing, suspend or revoke a permit issued under provisions of this
title whenever the permit is issued in error, or on the basis of inaccurate information supplied, or
upon a finding of a violation of any ordinance or regulation of any of the provisions of this title
or Title 21A.
18.20.140: HEARING ON DENIAL OR REVOCATION OF PERMIT:
Any person adversely affected by the action of the building official made pursuant to Section
18.20.130 may appeal pursuant to Chapter 18.12, except that an appeal of a revocation or
suspension of a building permit based upon a finding of a violation of Title 21A shall be made to
the appeals hearing officer as set forth in Chapter 21A.16.
18.20.150: INSPECTION OF WORK:
A. All construction, work and equipment for which a permit is required shall be
subject to inspections by the building official. The building official may make or require any
inspection of any construction work to ascertain compliance with the provisions of this title and
other laws which are enforced by the division.
B. No construction, work or equipment regulated by this title shall be connected to
any energy, fuel or power supply or water system or sewer system until authorized by the
building official.
C. Prior to issuance of a building permit or during construction a survey of any lot or
parcel may be required by the building official to verify compliance with approved plans.
D. The building official shall not be liable for any expense entailed in the removal or
replacement of any material required to allow an inspection.
18.20.160: APPROVALS REQUIRED FOR ONGOING CONSTRUCTION:
No work shall be done on any part of the building or structure beyond the point indicated in each
successive inspection without first obtaining the written approval of the building official. Such
written approval shall be given only after an inspection shall have been made of each successive
step in the construction as indicated by each of the inspections required by the building official.
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18.20.170: REQUESTS FOR INSPECTIONS:
The building official may require that every request for inspection be made at least one day
before such inspection is required and in such method as prescribed by the building official. It
shall be the duty of the person requesting any inspections required by this title to provide access
to and means for proper inspection of such work. Nothing in this section shall be construed to
require the building official to perform an inspection within the notice period provided herein.
18.20.180: RESERVED
18.20.190: FINAL INSPECTION AND CERTIFICATE OF OCCUPANCY:
A final inspection and building official approval are required on all buildings and structures
requiring a building permit prior to occupancy. Final inspection approval shall be issued in the
form of a certificate of occupancy. A building or structure shall not be used or occupied in whole
or in part, and a change in occupancy of a building or structure or portion thereof shall not be,
until the building official has issued a certificate of occupancy therefor. A certificate of
occupancy may, upon notice, be revoked by the building official if the building official finds that
elements of the property for which a certificate was issued have been changed or modified,
including a change in occupancy classification, without obtaining the requisite permits required
by this title.
18.20.200: REINSPECTIONS AND FEES:
A. A reinspection fee may be assessed:
1. When the approved plans are not readily available to the inspector;
2. For failure to provide access on the date for which the inspection is
required;
3. For deviating from plans requiring the approval of the building official.
B. In instances where reinspection fees have been assessed or reinspection is
necessary, no additional inspection of the work will be performed until the required fees have
been paid and the permittee calls for a reinspection. The reinspection charge shall be shown on
the Salt Lake City consolidated fee schedule and not exceed the amount shown on the Salt Lake
City consolidated fee schedule for each additional inspection required.
18.20.210: CLEANUP AND PROTECTION OF PUBLIC RIGHTS OF WAY:
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A. Each permit holder shall be responsible to see that vehicles used in the process of
carrying out the work authorized by the permit shall not track any mud, dirt or debris of any kind
upon any streets or sidewalks within the corporate limits of Salt Lake City Corporation unless a
permit has been obtained from the city engineer for use of a designated portion of the right of
way with provisions made to keep that portion of the right of way and adjacent areas cleared of
mud, dirt or debris of any kind. The permittee shall install a suitable process to clean the wheels
of the equipment prior to its leaving the job site and entering the streets of Salt Lake City
Corporation. The suitable process shall consist of:
1. A cleaning area and crew to clean mud and dirt off the wheels and exterior
body surface of the trucks, or its equivalent;
2. The cleaning area shall be arranged to furnish adequate draining to prevent
puddling; the cleaning area shall be kept mud free and may be on a macadam or concrete
slab;
3. The cleaning area shall be located on private property and arranged in
such a way that there is no blocking of vehicular or pedestrian traffic on city rights of
way except where permission has been granted by the city engineer;
4. The cleaning water or solution used for cleaning shall not be allowed to
enter the city streets, gutter, or storm drain or sanitary sewer system.
B. All trucks and equipment leaving the site with earthen materials or loose debris
shall be loaded and/or covered in such a manner as to prevent dropping of materials on city
streets and/or sidewalks.
C. Ramps constructed over curbs and gutters shall not interfere with or block the
passage of water along the gutter and shall be constructed of asphalt material that will not erode
or deteriorate under adverse weather conditions.
D. The permit holder shall install erosion and water runoff controls sufficient to
ensure that no stormwater, surface water, sediments or debris from the construction site shall
drain or wash or be tracked into any public right of way or other adjacent properties, including
curb and gutter, unless permission has been granted through the erosion control plan. These
controls shall be sufficient to cover any contingency, including, but not limited to, seasonal
storms, unseasonal storms, or methods of construction. The building official or the city engineer
may require, when in his/her discretion he/she deems necessary, an erosion control plan to be
submitted for approval. Such plan may be required any time during construction and must be
submitted within 5 days of the request. The building official or the city engineer may suspend all
work until the plan requested is approved. The permit holder will maintain all erosion control
facilities throughout the life of the construction project. He/she will monitor their effectiveness
after storms and make the necessary adjustments to ensure they function correctly.
E. The sidewalk and/or curb and gutter shall not be used for storage of debris, dirt or
excavated materials. In addition, the sidewalks shall not be removed, blocked or otherwise
rendered unusable by either the storage of construction equipment or materials or the
construction procedures used, unless a safe, usable alternate walkway along the same side of the
street is provided by the contractor unless a permit has been issued by the city engineer. All
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alternate walkways shall be ramped in accordance with handicap ramp requirements and so
constructed as to provide an all weather walking surface 4 feet wide as sound and smooth as the
normal concrete sidewalk.
F. The permit holder shall be responsible for the immediate removal of mud, dirt or
debris deposited on city streets, sidewalks and/or curb and gutters by equipment leaving the site
or by the permit holder's construction procedures.
G. If it becomes necessary for the city street crews to remove any mud, dirt, or debris
which has been deposited upon a street or sidewalk of Salt Lake City Corporation, the total cost
to the city of such removal will be charged to the property owner or permit holder, including
legal fees, if any. Payment of such charges will be made to the city prior to certification of final
inspections, utility clearances, and issuance of a certificate of occupancy.
H. The building official or the city engineer is empowered to suspend any permit
until the permit holder installs the necessary cleaning equipment and/or erosion control facilities
to ensure that no dust or debris is deposited upon the streets and sidewalks of Salt Lake City
Corporation. Such device shall operate in a manner satisfactory to the building official or the city
engineer.
18.20.220: WAIVER OR DEFERRAL OF FEES:
Nonprofit organizations may petition the city for the waiver or deferral of any or all fees required
by this title on an annual or project by project basis as provided below:
A. Petitions shall be filed with the division of housing stability.
B. Waivers shall not be granted for projects that are receiving 75% or more of their
funding directly or indirectly from state or federal agencies, except for projects that upgrade or
construct owner occupied housing or multiple dwelling units used for very low income housing
as provided by the guidelines established by the United States department of housing and urban
development.
C. Waiver requests shall be heard informally before the director of the department of
community and neighborhoods after notice of the hearing has been posted for 7 days in the office
of the city recorder.
D. The director of the department of community and neighborhoods may recommend
granting the waiver or deferral if he/she finds that the project or projects, and the sponsoring
nonprofit organization furthers the city's established low income housing goals to provide
housing for persons or families under 80% of the city's median income, as defined by the United
States department of housing and urban development, and also meets all applicable guidelines
established for any such programs by the United States department of housing and urban
development. The director may recommend that waivers may be granted for remodeling or
construction of offices for nonprofit housing corporations if he/she finds that such remodeling or
construction will save the corporation money and that such savings will be applied to a specific
housing project.
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E. The director’s recommendation will be made to the city council and considered at
a public meeting. The property owner of any project(s) for which a waiver or deferral of fees is
granted shall enter into, as applicable, (1) a restrictive covenant, in a form approved by the city
attorney, against the applicable property pertaining to the affordable housing that shall be
provided at the property, or (2) a binding agreement regarding the method in which the fee
savings shall be applied to a specific housing project.
F. Fee waivers or deferrals shall not be granted to any organization which owns,
operates, manages or is related by common ownership or management to any other such
organization which owns, operates or manages buildings for which existing notices of code
violations have not been corrected.
SECTION 6. Amending the text of Salt Lake City Code Chapter 18.24. That Chapter
18.24 of the Salt Lake City Code (Administration and Enforcement: Enforcement and Penalties)
shall be, and hereby is amended as follows:
CHAPTER 18.24
ENFORCEMENT AND PENALTIES
18.24.010: ENFORCEMENT RESPONSIBILITY AND AUTHORITY:
Unless otherwise provided by this title, the building official is authorized and responsible for
enforcement of this title. The fire marshal or designee shall be the principal enforcement
officer on post construction activity with respect to the fire codes. Whenever one or more
violations of this title exist, any enforcement official has the authority to obtain compliance
subject to the provisions of this code. Unless otherwise provided, any violation of this title
shall be subject to the enforcement processes and penalties as set forth in this chapter.
18.24.020: CRIMINAL PENALTIES:
Unless otherwise provided, it shall be a misdemeanor for any person, firm, or corporation to
violate the provisions of this title, either by failing to do those acts required or by doing an act
prohibited by this title or the codes referred to herein, or by aiding or abetting in a violation of
this title or the codes referred to herein. Each day that any violation of this title is permitted to
continue shall constitute a separate offense. The class of misdemeanor shall be as dictated by
state law.
18.24.030: CHOICE OF REMEDIES:
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A. In addition to any criminal prosecution, this title may be enforced through
administrative or civil actions. The city may pursue any legal remedy to ensure compliance
with this title including, but not limited to, injunctive relief. The city has sole discretion over
which remedy or combination of remedies it may choose to pursue.
B. If the city elects to pursue through administrative or civil actions one or more
violations of the provisions of this title, a civil penalty shall be assessed for each violation in
the amount set forth in the Salt Lake City consolidated fee schedule. Each day a violation
continues after notice of the same shall give rise to a separate civil fine.
C. The possibility of an administrative or civil remedy does not interfere with the
city’s right to prosecute violations of this title as criminal offenses. If the city chooses to file
both civil and criminal actions for the same violation, no civil penalties in the form of fines shall
be assessed, but other remedies, such as orders to correct the violations or other declaratory or
injunctive relief, is available to the city.
D. The city may use such lawful means as are available to obtain compliance with
the provisions of this title and to collect the civil fines that accrue as a result of the violation of
the provisions of this title, including but not limited to a legal action to obtain one or more of the
following: an injunction, an order of mandamus, an order requiring the property owner or
occupant or permittee to abate the violations, an order permitting the city to enter the property
and abate the violations, and a judgment in the amount of the civil fines accrued for the violation,
including costs and attorney fees, and a judgment in the amount of any actual costs incurred by
the city.
E. In addition to the other remedies provided by this title, upon the finding of a
violation of this title the building official may evacuate or close a building to occupancy when
necessary to protect the public or neighboring property from a risk to health or safety. The
building shall thereafter remain unoccupied until the appropriate certificate of occupancy has
been issued.
F. Recurring Violations: In the case where a violation, which had been corrected,
reoccurs at the same property within 6 months of the initial correction and is due the actions or
inactions of the same responsible party as the prior violation, the city may begin enforcement of
said recurring violation and impose fines after a 10 day warning period.
18.24.040: NOTICE & ORDER; STOP WORK ORDER:
A. Notice and Order.
1. Upon a determination that there is a violation of this title an enforcement
official may provide a written notice and order to any responsible party. The written
notice and order shall state:
a. The name and address, if known, of the responsible party;
b. the date and location of each violation;
c. the code sections violated;
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• that the violations must be corrected;
• provide a specific date by which the enforcement official orders that
the violations be corrected by;
• the amount of the civil fine to accrue for each violation, or other
enforcement action that the enforcement official intends to pursue, if
the violation is not corrected by the date specified;
• identification of the right to and procedure to appeal; and
• the signature of the enforcement official.
2. The enforcement official shall serve the notice and order on the
responsible party by:
a. Posting a copy of the written notice and order on the noncompliant
property, and
b. By mailing the notice and order through certified mail or reputable
mail tracking service that is capable of confirming delivery. If the
responsible party is the property owner of record, then mailing shall be
to the last known address appearing on the records of the Salt Lake
County Recorder. If the responsible party is any other person or entity
other than the owner of record, then mailing shall be to the last known
address of the responsible party on file with the city.
c. Notwithstanding the foregoing, personal service upon the responsible
party shall be sufficient to meet the notice and order mailing
requirements of Subsection 18.24.040.A.2.b.
3. Following the issuance of a notice and order, any responsible party shall
correct the violations specified in the notice and order. Upon correction of the violations
specified in the notice and order, the responsible party shall request an inspection of the
property.
4. Following a request for an inspection as set forth in Subsection
18.24.040.A.3, an enforcement official shall conduct an inspection of the property to
determine whether the violations alleged in the notice and order have been corrected,
including, if applicable, all necessary permits have been issued and all final inspections
have been performed as required by applicable city codes.
5. If one or more violations are not corrected by the deadline specified in the
notice and order, civil fines shall accrue at the rate set forth in Subsection 18.24.030.B.
Accumulation of civil fines for violations, but not the obligation for payment of civil
fines already accrued, shall stop upon correction of the violation(s) once confirmed
through an inspection requested pursuant to Subsection 18.24.040.A.3.
6. The responsible party shall have the right to contest the notice and order at
an administrative hearing in accordance with Chapter 18.12. Failure to timely request an
administrative hearing and pay the administrative hearing fee set forth in the Salt Lake
City consolidated fee schedule shall constitute a waiver of the right to a hearing and a
waiver of the right to appeal.
B. Stop Work Order. Upon a determination that there is a violation of this title an
enforcement official may issue a stop work order prior to issuance of a notice and order. If, after
issuance of a notice and order pursuant to subsection A, the violations cited remain uncorrected
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after the correction period set forth in the notice and order, then a daily civil fine in the amount
set forth in the Salt Lake City consolidated fee schedule shall be imposed.
18.24.050: NOTICE OF NONCOMPLIANCE; ABATEMENT LIEN:
A. Upon expiration of the correction period set forth in a notice and order or stop
work order, and where the violation(s) remain uncorrected, the city may record on the
noncompliant property with the Salt Lake County Recorder’s Office a notice of noncompliance.
B. The recordation of a notice of noncompliance shall not be deemed an
encumbrance on the noncompliant property but shall merely place interested parties on notice of
any continuing violation of this title at the noncompliant property.
C. If a notice of noncompliance has been recorded pursuant to Section A and the
enforcement official determines that all violations have been corrected, the enforcement official
shall issue a notice of compliance by recording the notice of compliance on the property with the
Salt Lake County Recorder’s Office. Recordation of the notice of compliance shall have the
effect of canceling the recorded notice of noncompliance.
D. If the city files an action for injunctive relief seeking abatement of one or more
violations and the district court authorizes the abatement of one or more violations and the city
incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
and may be considered an encumbrance on the property.
SECTION 7. Amending the text of Salt Lake City Code Chapter 18.28. That Chapter
18.28 of the Salt Lake City Code (Technical Building Specifications: Site Development
Regulations) shall be, and hereby is amended as follows:
CHAPTER 18.28
SITE DEVELOPMENT REGULATIONS
18.28.010: GENERAL PROVISIONS:
A. Authority: This chapter is enacted pursuant to title 10 of the Utah Code as
amended. This chapter is further enacted as an element of the Salt Lake City master plan.
B. Applicability: The provisions of this chapter shall apply to all site development
within Salt Lake City.
C. Purpose: This chapter is adopted: to promote public safety and the general public
welfare; to protect property against loss from erosion, earth movement, earthquake hazard, and
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flooding; to maintain a superior community environment; to provide for the continued orderly
growth of the city to ensure maximum preservation of the natural scenic character of major
portions of the city by establishing minimum standards and requirements relating to land
grading, excavations, and fills; and to establish procedures by which these standards and
requirements may be enforced. It is intended that this chapter be administered with the foregoing
purposes in mind and specifically to:
1. Ensure that the development of each site occurs in a manner harmonious
with adjacent lands so as to minimize problems of drainage, erosion, earth movement,
and similar hazards;
2. Ensure that public lands and places, watercourses, streets, and all other
lands in the city are protected from erosion, earth movement, and drainage hazards;
3. Ensure that the planning, design, and construction of all development will
be done in a manner which provides maximum safety and human enjoyment, and, except
where specifically intended otherwise, makes it as unobtrusive in the natural terrain as
possible;
4. Ensure, insofar as practicable, the retention of natural vegetation to aid in
protection against erosion, earth movement, and other hazards and to aid in preservation
of the natural scenic qualities of the city; and
5. Ensure, insofar as Salt Lake City is located in an active seismic zone, that
appropriate earthquake hazard mitigation measures are incorporated into the planning and
execution of site development.
D. Identification of Fault Hazards: Pending the completion by the Utah geological
survey (UGS) of a fault hazard map for Salt Lake City, the planning director may rely upon the
existing information available from UGS or other publicly or privately prepared geological
reports to identify fault hazards.
18.28.020: DEFINITIONS:
A. Definition Of Terms: For the purposes of this chapter, certain terms used herein
are defined as set forth below:
AS GRADED: The surface conditions existent upon completion of grading.
BEDROCK: In place, solid, rock.
BENCH: A relatively level step excavated into earth material on which fill is to be placed.
BORROW: Earth material acquired from an off site location for use in grading a site.
BUILDING PERMIT: A permit issued by Salt Lake City for the construction, erection, or
alteration of a structure or building.
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CERTIFY OR CERTIFICATION: Means that the specific reports, inspections, and tests that are
required have been performed by the person or under their supervision, and that the results of
such reports, inspections, and tests comply with the applicable requirements of this chapter.
CITY ENGINEER: The city engineer of Salt Lake City.
CIVIL ENGINEER: A professional engineer registered in the state of Utah to practice in the
field of civil works.
CIVIL ENGINEERING: The application of the knowledge to the forces of nature, principals of
mechanics, and the properties of materials to the evaluation, design, and construction of civil
works for the beneficial uses of mankind.
COMPACTION: The densification of fill by mechanical means.
CUBIC YARDS: The volume of material in an excavation and/or fill.
CUL-DE-SAC: A street closed at one end.
CUT: See definition of Excavation.
DRIVEWAY: A way or route for use by vehicle traffic leading from a parking area or from a
house, garage, or other structure, to a road or street.
EARTH MATERIAL: Any rock, natural soil, or any combination thereof.
ENGINEERING GEOLOGIST: A graduate in geology or engineering geology of an accredited
university, with 5 or more full years of professional postgraduate experience in the application of
the geological sciences, of which 3 full years shall be in the field of engineering geology that has
required the application of geological data, techniques, and principles to engineering problems
dealing with groundwater, naturally occurring rock and soil, and geologic hazards for the
purpose of assuring that geological factors are recognized and adequately interpreted and
presented.
EROSION: The wearing away of the ground surface as a result of the movement of wind, water,
and/or ice.
EXCAVATION: Any act by which vegetation, earth, sand, gravel, rock, or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and
shall include the conditions resulting therefrom.
EXISTING GRADE: The actual elevation (in relation to mean sea level) of the ground surface
before excavation or filling.
FILL: Any earth, sand, gravel, rock, or any other material which is deposited, placed, replaced,
pushed, dumped, pulled, transported, or moved by man to a new location and shall include the
conditions resulting therefrom.
FILL MATERIAL: Earth material free from rock or similar irreducible material exceeding 12
inches in diameter, metal, and organic material except that topsoil spread on cut and fill surfaces
may incorporate humus for desirable moisture retention properties.
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GRADING: Excavation or fill or any combination thereof that alters the elevation of the terrain
and shall include the conditions resulting from any excavation or fill.
LICENSED ARCHITECT: An architect who is registered with the division of occupational and
professional licensing of the state of Utah.
NATURAL DRAINAGE: Water which flows by gravity in channels formed by the surface
topography of the earth prior to changes made by the efforts of man.
ONE STREET ACCESS: A street that provides the sole access to one or more other streets.
PARCEL: All contiguous land in one ownership, provided, however, each lot conforming to the
zoning ordinances of Salt Lake City in a subdivision may be considered to be a separate parcel.
PERCENT OF SLOPE: The slope of a designated area of land determined by dividing the
horizontal run of the slope into the vertical rise of the same slope, measured between contour
lines on the referenced contour map and converting the resulting figure into a percentage value.
This calculation is described by the following formula:
S = V/H
Where
"S" is the percent of slope;
"V" is the vertical distance; and
"H" is the horizontal distance.
PERMITTEE: Any person to which a site development permit has been issued.
PLANNING DIRECTOR: The planning director of Salt Lake City.
QUARRY: An open excavation for the extraction of resources.
REGISTERED PROFESSIONAL ENGINEER: A civil engineer who is registered with the
division of occupational and professional licensing of the state of Utah.
REMOVAL: Killing vegetation by spraying, complete extraction, or excavation, or cutting
vegetation to the ground, trunks, or stumps.
SEISMIC: Characteristic of, or produced by, earthquakes or earth vibration.
SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is
performed as a single unified operation.
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SITE DEVELOPMENT: Grading and underground utility installation in preparation for an
approved, pending development or use for the subject site.
SLOPE CLASSIFICATION MAP: A map prepared as a colored exhibit by a registered
professional engineer or land surveyor based upon a contour map of the specified scale and
contour interval, upon which the measured and calculated percent of slope (measured between
every contour interval on the map) is classified or grouped into percentage of slope data in 10%
slope groupings as follows:
Slope Classification Percent Of Slope Mapped Color
Level 0 - 9.9%Uncolored
Slight 10 - 19.9%Yellow
Moderate 20 - 29.9%Orange
Severe 30% and greater Red
SOILS ENGINEER: A registered civil engineer of the state of Utah, specializing in soil
mechanics and foundation engineering, familiar with the application of principles of soil
mechanics in the investigation and analysis of the engineering properties of earth materials.
SURCHARGE: The temporary placement of fill material on a site in order to compress or
compact the natural soil mass.
TESTING LABORATORY: A testing laboratory that requires supervisory personnel to be
professional engineers registered with the division of occupational and professional licensing of
the state of Utah.
VACANT: Land on which there are no structures or only structures which are secondary to the
use or maintenance of the land itself.
18.28.030: RESERVED
18.28.040: LAND DEVELOPMENT REQUIREMENTS:
A. General Application: No person or party shall cause any excavation or grading to
be done in excess of the limits set forth below without first having obtained a site development
permit.
1. Work Requiring Separate Approval/Permit: A site development permit
shall be required in all cases where development comes under any one or more of the
following provisions:
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yards;a. Excavation, fill, or any combination thereof exceeding 1,000 cubic
b. Excavation, fill, or any combination thereof exceeding 5 feet in
vertical depth at its deepest point measured from the adjacent, undisturbed,
ground surface;
c. Excavation, fill, or any combination thereof exceeding an area of a
1/2 acre;
d. Excavation, fill, or any combination thereof of 10% or more of a
building site including the excavation for foundations and footings;
e. Removal of vegetation from an area in excess of a 1/2 acre for
purposes other than agricultural;
f. Engineered interior fills or surcharges.
g. Commercial quarries or mining activities operating in permitted
zoning districts as provided in Title 21A.
4.Work Not Requiring Separate Approval/Permit: A separate site
development permit shall not be required in the following cases:
• Excavation below finished grade for basements and footings of
buildings or other structures authorized by a valid building permit. This shall not
exempt any fill made with material from such excavation, or exempt any
excavation having an unsupported height greater than 5 feet after the completion
of such structure.
• Removal of vegetation as part of work authorized by a valid
building permit.
A. Permits Required: Except as exempted in Subsection A of this section, a separate
approval or permit shall be required for each site, and may cover both excavation and fill.
1. Application: To obtain a permit the applicant shall first file an application
therefor in writing on a form furnished by the building department for that purpose.
Every such application shall:
a. Identify and describe the work to be covered by the permit for
which application is made;
b. Describe the land on which the proposed work is to be done by
legal description, street address, or similar description that will readily identify
and definitely locate the proposed work and identify lots of any platted
subdivision included within the proposed building site;
c. Indicate the use or occupancy for which the proposed work is
intended;
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• Be accompanied by plans, diagrams, computations, and
specifications and other data as required;
• Be signed by property owner or permittee, or his authorized agent,
who may be required to submit evidence to indicate such authority;
• Show the location of existing and proposed buildings or structures
on the applicant's property, and the location of buildings or structures on adjacent
properties which are within 15 feet of the applicant's property, or which may be
affected by the proposed site development activities;
• Show the location of property lines and all existing and proposed
streets, roadways, driveways, easements, and rights of way on, contiguous, or
adjacent to the proposed development site;
• Show the present contours of the site in dashed lines and the
proposed contours in solid lines. Contour intervals shall be not greater than 2 feet
where slopes are predominately 5% or less, and 5 feet where slopes are
predominately steeper than 5%. The source of all topographical information shall
be indicated;
• Show the location of all drainage to, from, and across the site, the
location of intermittent and permanent streams, springs, culverts, and other
drainage structures, and size and location of any precipitation catchment areas in,
above, or within 100 feet of the site;
• Include detailed plans and location of all surface and subsurface
drainage devices, walls, dams, sediment basins, storage reservoirs, and other
protective devices to be constructed with, or as a part of, the proposed work,
together with a map showing drainage areas, and the complete drainage network
including outfall lines and natural drainageways which may be affected by the
proposed project. Include the estimated runoff of the areas served by the proposed
drainage system;
• Present a plan showing temporary erosion control measures to
prevent erosion during the course of construction;
• All grading in excess of 5,000 cubic yards shall require
professional engineering and shall be designated as "engineered grading". Any
application including engineered grading shall contain a grading plan prepared by
a registered professional engineer or licensed architect;
• Include a revegetation plan including:
• A survey of existing trees, shrubs, and ground covers,
• A plan for the proposed revegetation of the site detailing
existing vegetation to be preserved, new vegetation to be planned and any
modification to existing vegetation, and
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• A plan for the preservation of existing vegetation during
construction activity;
a. Make a statement of the estimated starting and completion dates
for the grading work proposed and any revegetation work that may be required;
b. Identify the type of surcharging fill material to be used on the
building site;
c. Estimate the amount of time surcharging fill material will be in
place, and show consideration by a soils engineer of the potential for vertical and
lateral soil movements on properties adjacent to the surcharge;
d. Submit a copy of the recorded subdivision plat showing
developable area limitations, if applicable;
e. Describe the method to be employed in disposing of soil and other
material that is removed from the site, including the location of the disposal site;
f. Describe the method to be used in obtaining fill to be used on the
site and the site of acquisition of such fill;
g. Include an engineering geology report described in Section
18.28.040.C.2 if the proposed development lies within 500 feet of an identified
fault. Said report may be submitted for review to the Utah geological survey by
the building official.
h. Applications related to commercial quarriers shall contain an
acceptable plan for the eventual rehabilitation and use of the quarry site after the
resources have been removed. Such a plan, at a scale of not less than one inch
equals 100 feet with contour intervals not greater than 5 feet, shall be compatible
with its surroundings and in general agreement with the city’s master plan. The
plan shall show the proposed treatment of any stream channel adjacent to the
resource deposits during extraction operations. Limits of excavation shall be
determined to protect any natural or improved channel and any nearby wooded
areas considered vital to the function of the rehabilitated area. Included the
estimated time period during which quarrying and land rehabilitation operations
will be conducted.
i. Such other information as may be required by the building official
or city engineer such as slope classification map and analysis, profiles or cross
sections, additional drainage calculations, soils data including a report from a
registered soils engineer or other qualified person.
B. Soil Engineering Report or Engineering Geology Required:
1. Soil Engineering Report: The soil engineering report required shall
include data regarding the nature, distribution, and strength of existing soils, conclusions
and recommendations for grading procedures, design criteria for corrective measures
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when necessary, and opinions and recommendations addressing the adequacy of the site
under the proposed grading plan to support the proposed development.
2. Engineering Geology Report: The engineering geology report required
shall include an adequate description of the geology of the site, conclusions and
recommendations regarding the effect of geologic conditions on the proposed
development, and opinions and recommendations addressing the adequacy of the site
under the proposed grading plan to support the proposed development. This requirement
may be waived by written recommendation of the building official if it is deemed
unwarranted.
C. Issuance: The application, plans, specifications, and other data submitted by an
applicant for permit shall be reviewed by the building official. Such plans may be reviewed by
other departments or agencies to verify compliance with any applicable laws under their
jurisdiction. If the building official finds that the work described in an application for a permit
and the plans, specifications, and other data filed therewith conform to the requirements of this
title and other pertinent laws and ordinances, and that the fees specified have been paid, he shall
issue a permit therefor to the property owner or his authorized agent. When the building official
issues the permit where plans are required, he shall endorse in writing or stamp the plans and
specifications "APPROVED". Such approved plans and specifications shall not be changed,
modified, or altered without authorization from the building official, and all work shall be done
in accordance with the approved plans. The building official may require that the site
development activities and project designs or specifications be modified if delays occur which
may create weather generated problems not considered at the time the permit was issued.
D. Fees: City fees associated with reviewing and processing site development
permits shall be those listed on the Salt Lake City consolidated fee schedule.
E. Grading and Erosion Control Standards and Regulations: All site development
work shall be accomplished in conformance to the following grading and erosion control design
standards and regulations:
1. Hours of Operation: All grading operations within 660 feet of residential
land uses shall be carried on between the hours of 7:00 A.M. and 5:30 P.M. The building
official may waive this requirement if it is shown that by restricting the hours of
operation it would unduly interfere with the development of the property and it is shown
that the neighboring properties would not be adversely affected.
2. Dust and Dirt Control: All graded surfaces of any nature shall be
dampened or suitably contained to prevent dust or spillage on city streets or adjacent
properties. Equipment, materials, and roadways on the site shall be used or treated so as
to cause the least possible annoyance due to dirt, mud, or dust conditions.
3. Undevelopable Slopes: Any (1) slope identified on a subdivision plat as
undevelopable, (2) slope that has been altered without permits or prior approval to 30%
or greater, or (3) natural slopes of 30% or greater (as measured pursuant to a “ten-foot
averaging” method as defined in Section 20.50.020), shall be designated undevelopable
area. In no event shall streets traverse such slopes.
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5.Finished Cuts and Slopes: Limitations shall be applied to the extent of cut
and fill slopes to minimize the amount of excavated surface or ground area exposed to
potential erosion and settlement.
• The exposed or finished cuts or slopes of any fill or excavation
shall be smoothly graded.
• All cut and fill slopes shall be recontoured and revegetated by the
permittee in accordance with an approved plan.
• Cut or fill slopes shall normally be limited to 15 feet in vertical
height. However, upon review and favorable recommendation of the city engineer
and public utilities director the building official may approve cut and fill slopes
exceeding 15 feet provided that such variations be allowed on a limited basis after
thorough review of each request and only when balanced by offsetting
improvements to the overall aesthetic, environmental, and engineering quality of
the development.
• No excavation creating a cut face and no fill creating an exposed
surface shall have a slope ratio exceeding one and one- half horizontal to one
vertical (11/2:1).
• Exceptions:
• No slopes shall cut steeper than the bedding plane, fracture,
fault, or joint in any formation where the cut slope will lie on the dip of
the strike line of the bedding plane, fracture, fault, or joint.
• No slopes shall be cut in an existing landslide, mudflow, or
other form of naturally unstable slope except as recommended by a
qualified geological engineer.
• Where the formation is exposed above the top of the cut
which will permit the entry of water along bedding planes, this area shall
be sealed with a compacted soil blanket having a minimum thickness of 2
feet. The soil for this blanket shall be relatively impervious and shall be
approved by the soils engineer or engineering geologist.
• If the material of a slope is of such composition and character as to
be unstable under the anticipated maximum moisture content, the slope angle
shall be reduced to a stable value or retained by a method approved by the city
engineer and certified as to its stability by a soils engineer or geologist. Said
retaining method shall include design provisions which are:
• Conducive to revegetation for soil stability and visual
impact;
• Used for selected areas of the site and not as a general
application; and
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• Limited to tiers each of which is no higher than 6 feet,
separated by plantable terraces a minimum of 2 feet in width;
j. Any retaining system shall remain and be maintained on the lots
until plans for construction are approved and a building permit is issued. The
plans shall include provisions to integrate driveway access to the lot while
maintaining the structural integrity of the retaining system.
k. The building official may require the slope of a cut or fill to be
made more level if at any time it is found that the material being, or the fill, is
unusually subject to erosion, static or dynamic instability, or if other conditions
make such requirements necessary for stability.
l. Driveways leaving public rights of way shall not exceed a
maximum change in grade angle of 6% transition over an 11 foot run. The slope
should be transitioned beyond property line no more than an average 16% grade.
Parking structures may allow a maximum change in grade angle of 10% with a
minimum 10 foot run. Maximum sight distance should be encouraged with blind
entrances or other sight obstructions complying with the Sight Distance Triangle
Requirements as defined and illustrated in Chapter 21A.62.
5. Abatement of Hazardous Conditions:
a. If, at any stage of grading, the building official or city engineer
determines by inspection that the nature of the formation is such that further work
as authorized by an existing permit is likely to imperil any property, public way,
watercourse, or drainage structure, the building official or city engineer shall
require, as condition to allowing the work to proceed, that reasonable safety
precautions be taken as are considered advisable to avoid likelihood of such peril.
Such precautions may include, but shall not be limited to, any of the following:
(1) Specification of a more level exposed slope;
(2) Construction of additional drainage facilities, berms, or
terraces;
(3) Compaction or cribbing;
(4) Installation of plants for erosion control; and/or
(5) Reports from a registered soils engineer and/or engineering
geologist whose recommendations may be made requirements for further
work.
Such requirements by the building official or city engineer shall constitute a
required change order in the work to be performed under permit. Said changes
may be required to be reflected in amended plans.
b. Where it appears that damage from storm drainage may result from
work performed hereunder, such work may be stopped and the permittee required
to take such measures as may be necessary to protect adjoining property or the
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public safety. On large operations, or where unusual site conditions exist, the
building official or city engineer may specify the time at which grading may
proceed and the time of completion or may require that the operation be
conducted in specific stages so as to ensure completion of protective measures or
devices prior to the advent of seasonal rains.
6.Fill Material and Compaction:
• Fill Material: All fill shall be earth, rock, or inert material free
from organic material and free of metal, except that topsoil spread on cut and fill
surfaces may incorporate humus for desirable moisture retention properties. Fill
not meeting the definition above shall be placed only in an approved public or
private landfill or other approved deposit site.
• Backfillings: Any pipe trench or trenching, or excavation made in
any slope of any excavated or filled site, shall be backfilled and compacted to the
level of the surrounding grade.
• Compaction of Fills: Unless otherwise directed by the building
official, all fills governed by this title, intended to support building, structures, or
where otherwise required to be compacted for stability, shall be compacted,
inspected, and tested in accordance with the following provisions:
• The natural ground surface shall be prepared by removal of
topsoil and vegetation, and, if necessary, shall be graded to a series of
terraces. If fill material unacceptable under subsection F6a of this section
is placed on the site, or the fill is not placed according to procedures of
this title, then it must be removed.
• The fill shall be spread and compacted in accordance with
the city engineer's approved standards.
• The moisture content of the fill material shall be controlled
at the time of spreading and compaction to obtain required maximum
density.
• A written report of the completed compaction, showing
location and depth of test holes, materials used, moisture conditions,
recommended soil bearing pressures, and relative density obtained from
all tests, prepared by a civil engineer or soils engineer licensed by the state
of Utah, or testing laboratory shall be submitted to the building official,
who shall rely on the expertise of the city engineer for review.
• The building official or city engineer may require
additional tests or information if, in his opinion, the conditions or
materials are such that additional information is necessary, and may
modify or delete any of the above listed requirements that, in his opinion,
are unnecessary to further the purpose of this title.
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7.Surcharging: Surcharges shall consist of earth material and shall be
applied in such a manner as to have no effect on soil stability on adjacent or neighboring
properties.
F. Erosion Control and Revegetation: All cut and fill surfaces created by grading
shall be planted with a ground cover that is a drought resistant variety. Topsoils are to be
stockpiled during rough grading and used on cut and fill slopes. Cuts and fills along public roads
are required to be landscaped according to a revegetation plan approved by the city. All plant
selections must be approved by the parks department and building official prior to approval.
G. Drainage:
1. Adequate provisions shall be made to prevent any surface waters from
damaging the cut face of an excavation or any portion of a fill. All drainage ways and
structures shall carry surface waters, without producing erosion, to the nearest practical
street, storm drain, or natural watercourse as approved by the city engineer. The city
engineer may also require drainage structures to be constructed, or installed as necessary
to prevent erosion damage or to prevent saturation of the fill or material behind cut
slopes.
2. An excess stormwater passage shall be provided for all stormwater storage
areas. Such passage shall have capacity to convey through the proposed development the
excess stormwater from the tributary watershed. The capacity of such excess stormwater
passages shall be constructed in such a manner as to transport the peak rate of runoff
from a 100-year return frequency storm assuming all storm sewers are inoperative, all
upstream areas are fully developed in accordance with the city's current land use plan,
and that antecedent rainfall has saturated the tributary watershed.
3. No buildings or structures shall be constructed within such passage,
however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility
easements, and other open space uses shall be considered compatible uses. In the event
such passageway is reshaped or its capacity to transport excess stormwater is otherwise
restricted during or after construction, the building official or city engineer shall notify
the agency, party, or parties causing said restriction to remove the same and set a
reasonable time for its removal. If said parties refuse to, or are unable to, comply with
said order, the building official or city engineer shall cause said restrictions to be
removed at the expense of said parties. Where a proposed development contains existing
natural drainage, appropriate planning measures shall be undertaken or required to
preserve and maintain said natural drainage as part of the excess stormwater passage.
4. Notwithstanding any other provisions of this title, whenever, in the
judgment of the building official or city engineer, a condition occurs in a stormwater
storage area or passageway that creates a dangerous and imminent health and safety
hazard, the building official or city engineer shall order such action as shall be effective
immediately or in the time manner prescribed in the order itself.
H. Setbacks: The setback and other restrictions specified in this section are minimum
and may be increased by the building official or by the recommendation of a civil engineer, soils
engineer, or engineering geologist, if necessary for safety and stability, to prevent damage of
35
adjacent properties from deposition or erosion, or to provide access for slope maintenance and
drainage. Setbacks deal with distance from property lines, structures, or faults, and must satisfy
the requirements of subsections I1 through I3 of this section. Retaining walls may be used to
reduce the required setbacks when approved by the building official.
1. Setbacks from Property Lines: The toes and tops of cut and fill slopes
where no structures are located shall be set back from the outer boundaries of a "permit
area" (PA = lot area excluding any undevelopable areas) including yard setbacks, slope-
right areas, and easements, in accordance with the table and figure 2 of this section.
SETBACKS FROM PERMIT AREA BOUNDARY
a = Setback distance at toe
b = Setback at top
H = Height from toe to top of cut/fill slope
H a b1
Less than 5'0 1'
5' to 30'H/2 H/5
Over 30'15'6'
Note:
1. Additional width may be required for interceptor drain.
FIGURE 2
2. Setback from Structures: Setback from cut or fill slopes and structures
shall be provided in accordance with figure 3 of this section.
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FIGURE 3
3. Setbacks from Faults: No structure shall be located over a fault. Determinations of
the appropriate setback distance from the fault shall be made based on recommendations
contained in the geological report required by subsection C of this section.
I. Site Development Inspections:
1. Special Inspections: All site development activities for which a permit or
approval is required shall be subject to inspection by the building official. Special
inspections of grading operations and special testing shall be performed to ensure
conformity with approved plans and specifications. The following special inspections and
testing are required:
a. Fills:
(1) The site is to be inspected prior to placement of fill
material.
(2) The fill material is to be inspected prior to placement on the
site.
(3) Final compaction of fill is to be tested.
(4) The final grade is to be inspected.
(5) Revegetation will be inspected during planting, upon
planting completion, and again prior to bond release where applicable.
b. Cuts:
(1) The site is to be inspected prior to cutting or removing
material.
(2) The grade is to be inspected after cutting.
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• Revegetation will be inspected during planting, upon
planting completion, and again prior to bond release where applicable.
7. Inspection Schedule and Enforcement: At the time the site development
permit or approval is issued, the building official shall establish the stage of development
at which required inspections shall be made. In order to obtain inspections, the permittee
shall notify the city of readiness at least 24 hours before said inspection is to be made.
Where it is found by inspection that conditions are not substantially as stated or shown on
the approved plans, the building official or his inspectors may stop further work until
approval is obtained for amended plans.
J. Completion of Work:
1. Final Reports: Upon completion of the rough grading work and again at
the final completion of the work, reports, drawings, and supplements thereto will be
required as follows:
a. An "as graded" grading plan, prepared by a civil engineer,
including original ground surface elevations, lot drainage patterns, and locations
and elevations of all surface and subsurface drainage facilities. The engineer shall
verify that the work was done in accordance with the final approved site
development plan.
b. A soil grading report, prepared by a soils engineer, including
location and elevations of field density tests, summaries of field and laboratory
tests and other substantiating data, and comments on any changes made during
grading and their effect on the recommendations made in the soil engineering
investigation report. The soils engineer shall verify the adequacy of the site for the
intended use.
c. A geologic grading report, prepared by an engineering geologist,
including a final description of the geology of the site including any new
information disclosed during the grading and the effect of the same on
recommendations incorporated in the approved site development plan. The
engineering geologist shall verify the adequacy of the site for the intended use as
affected by geologic factors. This requirement may be modified or waived in
writing by the building official if circumstances warrant.
2. Notification of Completion: The permittee, or his authorized agent, shall
notify the building official when the grading operation is ready for final inspection. Final
approval shall not be given until all work, including installation of all drainage facilities
and their protective devices and all erosion control measures including revegetation, have
been completed in accordance with the final approved site development plan and the
required reports have been submitted.
18.28.050: RESERVED
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18.28.060: INTERPRETATION, PERMIT PROCEDURE, APPEALS, GROUNDS FOR
DENIAL, AND ENFORCEMENT ACTIONS:
A. Interpretation; Conflicts:
1. Minimum Requirements: In their interpretation and application, provisions
of this chapter shall be held to be minimum requirements, except where expressly stated
to be maximum requirements. No intent is made to impair, or interfere with, any private
restrictions placed upon any property by covenant or deed; provided, however, that where
this chapter imposes higher standards or greater restrictions the provisions of this chapter
shall govern.
2. Application of Most Restrictive Standard: Whenever any provision of this
chapter or any other provision of law, whether set forth in this chapter or in any other
law, ordinance, or resolution of any kind, imposes overlapping or contradictory
regulations over the development of land, the most restrictive standards or requirements
shall govern.
B. Retention of Plans: Plans, specifications, and reports for all site development
submitted to Salt Lake City for approval shall be retained by Salt Lake City.
C. Expiration, Renewals, and Extensions of Permit: Every site development permit
or approval shall expire by limitation and become null and void if the work authorized by such
permit or approvals has not been commenced within 180 days, or if the work is suspended or
abandoned for a period of 180 days at any time after the work is commenced. Before such work
can recommence, the permit shall first be renewed by the building official and the renewal fee
shall be 1/2 the amount required for a new permit for such work, provided no changes have been
made or will be made in the original plans or scope of such work, otherwise a full fee may be
required as determined by the building official. Any modifications to the original approved work
that is related to a development for which the Salt Lake City planning commission granted
approval, may require subsequent review and decision by the planning commission as
determined by the planning director.
D. Appeals:
1. Filing: Any applicant aggrieved by a determination of any administrative official
in relation to this chapter may appeal such determination to the board of appeals and examiners
pursuant to Chapter 18.12.
2. Effect of Administrative Appeal: In the event of an appeal pursuant to the
provisions above, the effect of such filing shall act to stay any and all further action and work
pending the determination of the matter on appeal.
E. General Grounds for Denial: Factors, in addition to deviation from provisions of
this chapter, which may be grounds for denial of a site development permit or approval shall
include, but not be limited to:
1. Possible or potential saturation of fill and/or unsupported cuts by water
(both natural and/or domestic);
39
8.Runoff surface waters that produce unreasonable erosion and/or silting of
drainageways;
9.Subsurface conditions (such as rock strata and faults, soil or rock
materials, types of formations, etc.) which when disturbed by the proposed site
development activity, may create earth movement and/or produce slopes that cannot be
landscaped;
10.Result in excessive and unnecessary scarring of the natural landscape
through grading or removal of vegetation.
A. Prohibited Activities:
1. Removal of Topsoil: It shall be unlawful to remove topsoil for purposes of
resale when unrelated to a bona fide purpose of site development contemplated under this
chapter. The provisions of this chapter shall not be construed as permitting the removal of
topsoil solely for resale.
2. Nuisance: It shall be unlawful to create or maintain a condition which
creates a public or private nuisance. After notice by the city, owners shall be strictly
responsible to take any necessary action to correct or abate such nuisance. Further, this
chapter shall not be construed to authorize any person or owner to create or maintain a
private or public nuisance upon real property and compliance with the provisions of this
chapter shall not be a defense in any action to abate such nuisance.
B. Permit or Approval Revocation: In the event the building official or city engineer
revokes a site development permit any aggrieved party may appeal such decision pursuant to
Chapter 18.12.
C. Property Owner Responsibility: Property owners are responsible to maintain their
property in a safe, nonhazardous, condition and to otherwise comply with the provisions of this
chapter and other applicable ordinances. Failure of city officials to observe or to recognize
hazardous or unsightly conditions, or to recommend denial of the site development permit, shall
not relieve the permittee, or property owner, from responsibility for the condition or damages
resulting therefrom. Nor shall such action result in the city, its officers, or agents, becoming
responsible or liable for conditions and damages resulting therefrom.
D. Obstruction Prohibited: It shall be unlawful for any person to willfully or
carelessly obstruct or injure any public right of way by causing or permitting earth or rock to
slump, slough, or erode off private property onto the public right of way.
E. Flooding: It shall be unlawful for any person to willfully or carelessly obstruct or
injure any public right of way by causing or permitting flow or seepage of water, or by willfully
or carelessly causing or permitting water under his/her control, possession, or supervision to
escape in any manner so as to injure any street or public improvement.
F. Violation And Penalties: It shall be unlawful for any person to construct, enlarge,
alter, repair, or maintain any grading, excavation or fill or cause the same to be done, contrary to
or in violation of any provision of this chapter.
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SECTION 8. Repealing the text of Salt Lake City Code Chapter 18.32. That Chapter
18.32 of the Salt Lake City Code (Technical Building Specifications: Building Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.32
BUILDING REGULATIONS
18.32.020: BUILDING CODE AND STANDARDS ADOPTED:
The edition of the uniform building code, as adopted by the Utah uniform building code
commission as the construction standard to be adhered to by subdivisions of the state (section
58-56-4, Utah Code Annotated, or its successor section) is adopted by Salt Lake City, together
with the following chapters of the appendix to the uniform building code:
Chapter 3 Division IV - Requirements For Group R, Division 4 Occupancies;
Chapter 11 Division I - Site Accessibility;
Chapter 11 Division II - Accessibility For Existing Buildings;
Chapter 15 Reroofing;
Chapter 16 Division I - Snow Load Design;
Chapter 16 Division III - Earthquake Regulations For Seismic Isolated Structures;
Chapter 31 Division II - Membrane Structure;
Chapter 33 Excavation And Grading.
ICC/MBI Standard for Off-Site Construction: Planning, Design, Fabrication and Assembly, or its
successor document.
Hereafter, all references in this code to the uniform building code shall mean the said edition
adopted by the Utah uniform building code commission. One copy of the uniform building code
shall be filed for use and examination by the public in the office of the city recorder.
18.32.035: FEES:
A.Building permit fees shall be based on the total valuation of the proposed project
as shown on the Salt Lake City consolidated fee schedule.
B.Plan review fees shall be sixty five percent (65%) of the building permit fees.
C.Fees to expedite building plan review as governed by section 18.20.050 of this
title shall be two (2) times the standard building plan review fee.
41
A.Penalties for not obtaining permanent certificate of occupancy will be three
hundred dollars ($300.00) for each month, after the initial thirty (30) day temporary certificate of
occupancy, which has no additional cost associated with it; due before the first of the month and
only allowed for up to three (3) renewals after the initial free thirty (30) day period. Partial
months will not be refunded.
B.Fees for renewing expired plan review after one hundred eighty (180) days as
governed by section 18.20.110 of this title shall be shown on the Salt Lake City consolidated fee
schedule.
C.A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
each permit for fencing.
D. Other fees shall consist of electrical, mechanical and plumbing, and fire
suppression and monitoring equipment inspection fees as shown on the Salt Lake City
consolidated fee schedule.
18.32.050: UBC APPENDIX CHAPTER 3 DIVISION V ADDED; NONCONFORMING
BUILDING CONVERSION:
Appendix chapter 3 of the uniform building code be, and the same hereby is, amended by adding
chapter 3 division V to create a group R division 5 occupancy classification and requirements
applicable to change in occupancy when nonconforming group R divisions 1 and 3 occupancies
undergo conversion, which shall read as follows:
Chapter 3 Division V
Requirements For Group R Division 5 Occupancies
Sec. 344. Group R, Division 5 Occupancies Defined. Group R, division 5 occupancies shall be:
nonconforming group R divisions 1 and 3 structures undergoing conversion.
Sec. 345. General Provisions. Because conversion changes the original anticipated ownership
plan for a multi-family dwelling unit project from a single ownership into a hybrid mixture of
separate ownership of dwelling units combined with collective ownership of common areas
through association, etc., each nonconforming group R division 1 or division 3 structure being
converted into a condominium project or other type of ownership arrangement involving separate
ownership of individual units combined with joint or collective ownership of common areas shall
constitute a change in classification of occupancy to that of a group R division 5 and shall
comply with basic requirements of this code and the specific requirements listed below. All work
on such structures in the form of additions, alterations, or repairs shall conform to applicable
standards as required by section 3403 of this code. Where said provisions require conformity to
requirements governing new buildings, the applicable requirements of group R division 1 or 3
new construction shall apply.
Special Provisions And Minimum Standards.
Sec. 346. Property Report. Each conversion project to obtain approval shall submit two copies of
a property report prepared by a licensed engineer or architect which discloses and describes:
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(1) The age of the building or buildings,
(2) The general condition, useful life, and capacity of the building's structural elements
including the roof, foundations, mechanical system, electrical system, plumbing
system, boiler, and other structural elements;
(3) All known conditions constituting deficiencies requiring repair to meet existing
building codes; and
(4) All known conditions which may require repair or replacement within the next
succeeding five year period.
(5) The existing conditions meet the standards of the Salt Lake City existing residential
housing code sections 18.50.140, Exterior Standards; 18.50.150, Interior Standards;
18.50.180, Space And Occupancy Standards; 18.50.190, Light And Ventilation;
18.50.200 Fire Safety-Egress. The building report, as required in section 20.56.060 of
the city code, shall note all deficiencies; appeals of noted deficiencies may be
addressed to the housing advisory and appeals board.
Said report shall certify the structure currently conforms to applicable codes or the owner shall
present plans to bring the structures into conformity with applicable building codes prior to
issuance of certificates of occupancy.
Sec. 347. Electrical Service Minimum Standards. Each converted dwelling unit shall have an
electrical service which provides:
(1) A minimum service of 60 amps.
(2) Receptacle outlets are required to meet standards of the national electrical code,
section 210-21(b). Each habitable room shall have no less than two such receptacles.
(3) Where a kitchen is provided, or required by this code, each kitchen shall be installed
on a separate circuit.
(4) If, as an option, dishwashers or garbage disposals are to be installed or provided for,
each must be located on a separate circuit. If such appliances or optional capacity are
not provided, the limitation must be disclosed to buyers and in the property report.
(5) All bathrooms are to be equipped with GFIC outlet.
(6) Lights and fixtures in all storage and equipment facilities over 84 sq. ft. in size.
(7) Installation of a smoke detector conforming to manufacturer's recommendations shall
be installed in each dwelling unit as a local detection unit. If the building has a
common exit hall or corridor then a general automatic detection system shall be
installed with the capability of sending a signal to a remote station.
(8) Installation of at least one wall switch controlled lighting outlet in every habitable
room, bathrooms, hallways, stairways, attached garages, and outdoor entrances.
All electrical work and repair must be completed under permit and comply with applicable codes
and ordinances.
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Sec. 348. Plumbing And Water Systems.
(a) Plumbing System. A mechanical engineer, licensed plumbing contractor, or a
licensed general contractor shall calculate and determine the capacity of the current
plumbing system, including the existing and potential load in fixture units (as
determined by the uniform plumbing code) as part of the property report required
above. All new installations or repairs must be completed under permit and shall
conform to applicable plumbing codes. The entire system shall be brought up to
applicable standards of this code when required by section 3403. The impact of new
installations upon the existing system shall be calculated and stated in the property
report.
(b) Water Supply. Water piping shall be so arranged that the water supply can be turned
on or off to any individual fixture; provided, however, that supply piping to a single
unit and building accessory thereto may be controlled by one valve.
Sec. 349. Mechanical System. The mechanical system for each converted dwelling unit shall:
(1) Equip each unit with its own heating system, except where a central water or steam
system is present.
(2) Provide each unit with its own means of controlling temperature when the building
utilizes a central heating plant. All mechanical work and repair shall be completed
under permit and comply with applicable codes.
Sec. 350. Discretion Of Building Official To Waive Minor Deviations. The foregoing minimum
standards are intended to be fully complied with prior to the building official's approval of
permits, record of survey maps, plans or certificates. However, the building official may waive
literal compliance with said standards for minor deviations and non-dangerous conditions, if the
official determines that strict compliance with the requirements of this chapter would be
impractical due to the unique condition of the property, or result in an unnecessary and extreme
hardship for the owner of the property. The building official may in such cases impose additional
reasonable and equivalent conditions upon the project.
Sec. 351. All condominiums shall meet the requirements as listed in 18.96.050 (fit premises) of
the city ordinance.
18.32.060: UBC SECTION 109.1 AMENDED; CERTIFICATE OF OCCUPANCY:
Section 109.1 of the uniform building code is amended to read as follows:
Section 109.1 Use Or Occupancy. No building or structure of groups A, B, E, F, H, I, M, R and S
occupancy shall be used or occupied, and no change in the existing occupancy classification of a
building or structure or portion thereof shall be made until the building official has issued a
certificate of occupancy therefor as provided herein.
18.32.090: UBC SECTION 204 AMENDED; DEFINITIONS:
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Section 204 of the uniform building code, adopted by section 18.32.020 of this chapter, or its
successor, is amended by adding definitions of condominiums and conversions which shall read
as follows:
Condominium, Condominium Project, Condominium Unit. For purposes of this code,
"condominium," "condominium project," and "condominium units" or "units" means property or
portions thereof conforming to the definitions set forth in section 57-8-3 of Utah Code
Annotated, 1953, as amended.
Conversion. "Conversion" means a proposed change in the type of ownership in a parcel or
parcels of land, together with existing attached structures, from single ownership of said parcel
such as an apartment house or multi-family dwelling into a condominium project or other
ownership arrangements involving separate ownership of individual units combined with joint or
collective ownership of common areas, facilities, or elements.
18.32.120: UBC APPENDIX CHAPTER 35 ADDED; FLOOD HAZARD AREAS:
The uniform building code is amended by adding a new appendix chapter 35, which reads as
follows:
Sec. 3501. Floodplain Hazard Area. For the purpose of this chapter "floodplain hazard area" shall
mean those lands lying within the corporate limits of Salt Lake City as defined in section
18.68.020 of the Salt Lake City code, as being located within the boundaries of flood hazard
boundary map as defined in said section 18.68.020 and adopted by section 18.68.030 of the Salt
Lake City code. A copy of said map and amendments is on file for public examination in the
offices of the city recorder and city engineer.
Sec. 3502. Floodplain Protection Requirements. All plans involving development, repair,
substantial improvements to, or construction of building or structures within the floodplain
hazard area shall comply with the standards set forth in chapter 18.68 of the Salt Lake City code
relating to floodplain hazard regulations.
18.32.130: UBC APPENDIX CHAPTER 33 AMENDED; EXCAVATION AND
GRADING:
Appendix chapter 33 of the uniform building code, relating to excavation and grading, is hereby
amended by deleting the text of sections 3304 through 3318 and amending by adding a cross
reference, so appendix chapter 33 shall read as follows:
Appendix Chapter 33
Excavation And Grading
Sec. 3304-3318. Said sections and their revised text are hereby deleted, having been incorporated
within the text of chapter 18.28 of the Salt Lake City code relating to site development
regulations, drawing particular reference to provisions within chapters 4 and 5 of said
development regulations.
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18.32.140: SENIOR CITIZEN APARTMENT FEE ABATEMENT:
Qualified multi-family apartment projects may apply to, and receive from, the building official
an abatement of the normal building permit fees. In order for the building official to approve the
discount, the applicant must submit necessary documentation in order for the building official to
certify that the apartment project qualifies under the following criteria:
A. The project is owned and/or operated as a bona fide organization for providing
housing for senior citizens;
B. The project operators and/or property owners stipulate that all units shall be
rented by persons over age sixty two (62) years of age;
C. Operators and/or property owners agree to verify ages of tenants as part of their
annual application for an apartment house license;
D.Project operators and property owners execute an agreement, binding upon
successors in interest and secured by the real property, to reimburse the city the amount of the
abated fees plus interest from the date of the permit at the rate applicable to judgment, should the
rate of occupancy by qualified senior citizens drop below ninety five percent (95%) during the
next thirty (30) years. This occupancy rate shall be determined annually as of the date the annual
license application is submitted to the city; and
E.The amount of the fees abated, plus interest at the then established rate applicable
to judgments from date of the abated fees, shall be repaid to the city upon a subsequent
application to convert the project to condominium or other ownership arrangements involving
sale of separate units, if submitted within thirty (30) years of such abatement.
18.32.150: UBC SECTION 103 AMENDED; VIOLATIONS AND PENALTIES:
Section 103 of the uniform building code is amended to read as follows:
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or
structure in the city, or cause the same to be done contrary to or in violation of any of the
provisions of this code.
Any person, firm, or corporation violating any of the provisions of this code shall be deemed
guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the provisions of this
code is committed, continued, or permitted and upon conviction of any such violation such
persons shall be punishable by a fine as provided by section 1.12.050, or its successor, of the Salt
Lake City code.
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SECTION 9. Repealing the text of Salt Lake City Code Chapter 18.36. That Chapter
18.36 of the Salt Lake City Code (Technical Building Specifications: Electrical Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.36
ELECTRICAL REGULATIONS
18.36.010: ELECTRICAL CODE ADOPTED BY REFERENCE:
The edition of the national electrical code, as adopted by the Utah uniform building code
commission, is adopted by Salt Lake City as the ordinances, rules and regulations of the city,
subject to the amendments and exceptions thereto as hereinafter set forth in this chapter, one
copy of which code shall be filed for use and examination by the public in the office of the city
recorder. Hereafter, all references in this code to the national electrical code shall mean the
edition of the national electrical code adopted by the Utah uniform building code commission.
18.36.100: PERMIT FEES; RESIDENTIAL WORK:
The following fees for a permit for the installation of electrical materials in residences, including
multiapartment buildings, shall be paid to the city treasurer before any permit is valid. The basic
fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
consolidated fee schedule.
18.36.110: FEE FOR TEMPORARY METERING:
The fee for permit for temporary metering and service facilities shall be as shown on the Salt
Lake City consolidated fee schedule.
18.36.120: COMMERCIAL AND INDUSTRIAL FEES:
The fees to be paid to the city treasurer for electrical permits covering work in industrial or
commercial properties shall be computed as follows:
A. Minimum Fee: Minimum fee shall be as shown on the Salt Lake City
consolidated fee schedule.
B. New Service Or Change Of Service: For new service, change of service,
alterations or repairs of six hundred (600) volt or less capacity service entrance equipment, the
fee shall be as shown on the Salt Lake City consolidated fee schedule.
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A. Subfeeders: Fee for installation, alteration or repair of subfeeders, including
supply taps from subfeeders, shall be as shown on the Salt Lake City consolidated fee schedule.
B. Transformers: The installation of transformers shall be subject to inspection fee
when such transformers are an integral part of the consumer's distribution system. Such fee shall
be in addition to the regular system inspection fee and shall be as shown on the Salt Lake City
consolidated fee schedule.
C. Motor Generator: The fee for installation of a motor generator for emergency or
standby shall be as shown on the Salt Lake City consolidated fee schedule.
D. Alternate Fee Schedule: Electrical permit fees shall be computed on the schedules
set forth on the Salt Lake City consolidated fee schedule and shall be paid prior to work being
started. When a fee cannot be computed on the standard schedules, it shall be computed based on
the alternate schedule shown on the Salt Lake City consolidated fee schedule.
18.36.130: ELECTRICAL WORK EXCEEDING ONE HUNDRED THOUSAND
DOLLARS:
When the cost of electrical work exceeds one hundred thousand dollars ($100,000.00), electrical
permit fees shall be as shown on the Salt Lake City consolidated fee schedule.
18.36.170: POWER TO PANEL PERMITS; REQUIRED WHEN:
All new construction shall require a power to panel permit in accordance with section 18.36.180
of this chapter, or its successor section, to be issued in conjunction with the required electrical
permit.
18.36.180: POWER TO PANEL PERMIT; FOR CONSTRUCTION PURPOSES ONLY:
A. Temporary Basis: A power to panel permit shall authorize power for construction
purposes on a temporary basis only; permanent power must be authorized separately.
B. Permit: At the time power to panel is required to complete construction, the owner
or contractor shall apply for and obtain a separate power to panel construction permit. Said
permit shall be valid for a sixty (60) day period.
C. Extensions: Thirty (30) day extensions for such permit may be issued upon the
approval of building and housing services and upon payment of one-half (1/2) of the original
permit fee for each extension.
D. Certificate Of Occupancy: Final electrical approval for permanent power shall be
withheld until a certificate of occupancy is issued. Occupancy occurring prior to the issuance of a
certificate of occupancy shall result in a discontinuance of all power until occupancy is approved
or until occupancy ceases.
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E. Expiration: Upon expiration of a power to panel construction permit, all power to
the electrical panel shall be discontinued.
F. Fees:
60 day, no issue fee $20.00
30 day extension 7.00
18.36.210: VIOLATION; PENALTY:
Any person, firm or corporation, whether acting as owner or occupant of the premises involved,
or contractor, or otherwise, who violates or refuses to comply with any provisions of this title, or
the national electrical code, as amended, shall be guilty of a misdemeanor. A separate offense
shall be deemed to be committed on each day an offense occurs or continues.
SECTION 10. Amending the text of Salt Lake City Code Chapter 18.48. That Chapter
18.48 of the Salt Lake City Code (Technical Building Specifications: Dangerous Buildings) is
hereby amended as follows:
CHAPTER 18.48
DANGEROUS BUILDINGS
ARTICLE I. REPAIR AND VACATION OF DANGEROUS BUILDINGS
18.48.010: TITLE:
This chapter shall implement the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition.
18.48.020: PURPOSE AND SCOPE:
It is the purpose of this chapter to provide just, equitable, and practicable methods to require the
repair (including temporary boarding) and vacation of buildings or structures that endanger the
life, limb, health, morals, property, safety, or welfare of the general public or their occupants.
18.48.030: DEFINITIONS:
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BUILDING CODE: The International Building Code, or its successor, promulgated by the
International Code Council, as adopted by the state.
BOARDED BUILDING: A building in which accessible openings, such as windows and doors,
are secured by a secondary means against entry. Examples of securing a building by a secondary
means includes, but is not limited to, boarding and fencing.
DANGEROUS BUILDINGS: Any building or structure that has any or all of the conditions or
defects hereinafter described may be deemed to be a dangerous building, provided that such
conditions or defects exist to the extent that the life, health, property, or safety of the public or its
occupants are endangered.
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient
width or size or is not so arranged as to provide safe and adequate means of exit in case
of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit
is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate
means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all dead and live
loads, is more than 1.5 times the working stress or stresses allowed in the Building Code
for new buildings of similar structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by
any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum
requirements of the Building Code for new buildings of similar structure, purpose, or
location.
E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property.
F. Whenever any portion of a building, or any member, appurtenance, or ornamentation on
the exterior thereof is not of sufficient strength or stability, or is not so anchored,
attached, or fastened in place so as to be capable of resisting a wind pressure of one half
of that specified in the Building Code for new buildings of similar structure, purpose or
location without exceeding the working stresses permitted in the Building Code for such
buildings.
G. Whenever any portion of a building or structure has wracked, warped, buckled, or settled
to such an extent that walls or other structural portions have materially less resistance to
winds or earthquakes than is required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, because of (i) dilapidation,
deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability
of any portion of the ground necessary for the purpose of supporting such building; (iv)
the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely
to partially or completely collapse.
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A. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
B. Whenever the exterior walls or other vertical structural members list, lean, or buckle to
such an extent that a plumb line passing through the center of gravity does not fall inside
the middle one third of the base.
C. Whenever the building or structure, exclusive of the foundation, shows 33% or more
damage or deterioration of its supporting member or members, or 50% damage or
deterioration of its non-supporting members, enclosing or outside walls or coverings.
D. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to
children or as to enable persons to resort thereto for the purpose of committing unlawful
acts.
E. Whenever any building or structure has been constructed, exists, or is maintained in
violation of any specific requirement or prohibition applicable to such building or
structure provided by the building regulations of this jurisdiction, as specified in the
Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction
relating to the condition, location, or structure of buildings.
F. Whenever any building or structure which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non-supporting part, member or portion less
than 50%, or in any supporting part, member or portion less than 66% of the (i) strength,
(ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or
characteristics required by law in the case of a newly constructed building of like area,
height and occupancy in the same location.
G. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by
the health officer to be unsanitary, unfit for human habitation, or in such a condition that
is likely to cause sickness or disease.
H. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction,
faulty electric wiring, gas connections or heating apparatus, or other cause, is determined
by the fire marshal to be a fire hazard.
I. Whenever any building or structure is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
J. Whenever any portion of a building or structure remains on a site after the demolition or
destruction of the building or structure or whenever any building or structure is
abandoned for a period in excess of six months so as to constitute such building or
portion thereof an attractive nuisance or hazard to the public.
HOUSING CODE: The Salt Lake City Existing Residential Housing Ordinance as promulgated
in Chapter 18.50 of the City Code.
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VACANT/SECURE BUILDING: An unoccupied building having all openings, such as windows
and doors, secured against entry, where windows are fully glazed and the doors are secured by
means of a lock.
18.48.040: AUTHORITY TO ENFORCE:
A. Authority to Enforce: The building official or designee is hereby authorized to
enforce the provisions of this chapter.
B. Authority to Inspect: The building official or their designee is hereby authorized
to make inspections and take such actions as may be required to enforce the provisions of this
chapter.
C. Buildings or Structures Subject to Inspection: Any building or structure, where
there is reasonable cause to believe a condition exists that renders the building or structure
endangering the life, limb, health, morals, property, safety, or welfare of the general public or the
structure’s occupants, is subject to inspection by the building official or their designee.
18.48.050: PROCEDURES UPON DETERMINATION OF A VIOLATION:
When the building official has inspected or caused to be inspected any building and has found
and determined that such building is a dangerous building, the building official shall follow the
enforcement procedures set forth in the 1997 Uniform Code for the Abatement of Dangerous
Buildings.
18.48.060: RESERVED
18.48.070: RESERVED
18.48.080: APPEALS:
Appeals of a notice and order issued pursuant to this chapter shall be taken in accordance with
Chapter 18.12.
18.48.090: CITY'S ABATEMENT OF PROPERTY:
If the property owner does not comply with the notice and order issued pursuant to this chapter
within the time specified in the notice and order, the building official or designees may cause the
building to be repaired, vacated, or temporarily boarded to the extent necessary to correct the
conditions which render the building dangerous as set forth in the notice and order. Any such
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repair, vacation, or boarding shall be completed and the cost thereof paid and recovered as set
forth in this chapter.
18.48.100: RECOVERY OF COSTS:
A. Permitted Recovery of Costs: If the building official or designee causes the repair,
vacation, or boarding of a building pursuant to a notice issued under this chapter, and after the
property owner received at least 10 days’ notice in which to complete the repair, vacation or
boarding and failed to do so, the division may collect the cost of that abatement, by filing a
property tax lien, as set forth in this section.
B. Itemized Statement of Costs: Upon completion of the repair, vacation, or boarding
work, the building official or designee shall prepare an itemized statement of costs and mail it to
the property owner by certified mail or reputable mail tracking service that is capable of
confirming delivery, demanding payment within 30 days of the date the statement is post
marked. The administrative fee shown on the Salt Lake City consolidated fee schedule to cover
the city's administrative expenses in contracting for the repair, boarding, or other abatement costs
shall be included in the statement of costs.
C. Form of Itemized Statement of Costs: The itemized statement of costs shall
include:
1. The address of the property at issue;
2. An itemized list of all expenses incurred by the division, including
administrative costs;
3. A demand for payment;
4. The address where payment is to be made;
5. Notification that failure to timely pay the expenses described in the
itemized statement may result in a lien on the property in accordance with this chapter
and Utah Code Section 10-11-4 or its successor;
6. Notification that the property owner may file a written objection to all or
part of the statement within 20 days of the date the statement is postmarked; and
7. Where the property owner may file the objection, including the name of
the office and the mailing address.
D. Delivery of Statement of Costs: The itemized statement of costs described in
Subsection C shall be deemed delivered when mailed by certified mail or reputable mail tracking
service that is capable of confirming delivery addressed to the last known address of the property
owner, according to the records of the county recorder.
E. Objection to Statement of Costs: A property owner may appeal the statement of
costs to the fines hearing officer, only as to the issue of whether the costs were actually incurred,
pursuant to Section 18.12.050.
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A. Failure to Object or Pay: If the property owner fails to make payment of the
amount set forth in the itemized statement within 30 days of the date of the mailing of that
statement, or to file a timely objection, then the division may certify the past due costs and
expenses to the Salt Lake County Treasurer.
B. Failure to Pay after Objection Hearing: If the property owner files a timely
objection but fails to make payment of any amount ordered by the fines hearing officer within 30
days of the date of the hearing, the inspector may certify the past due costs and expense to the
Salt Lake County Treasurer.
C. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
the district court, is a lien on the property, and shall be collected by the Salt Lake County
Treasurer at the time of the payment of general taxes.
D. Release of Lien: Upon payment of the amount set forth in the itemized statement
of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
general tax receipt issued by the treasurer.
18.48.110: APPLICABILITY OF BUILDING CODE:
All buildings or structures which are required to be repaired under the provisions of this chapter
shall be subject to the provisions of the applicable construction codes adopted pursuant to
Section 18.04.040.
18.48.120: PUBLIC NUISANCES:
A. Declaration and Abatement of Public Nuisances: All buildings or structures or
portions thereof which are determined after inspection by the building official to be dangerous
are hereby declared to be public nuisances and shall be abated by repair, vacation, or boarding in
accordance with the procedures specified herein.
B. Boarded or Vacant Building as Public Nuisance: Any structure that is vacant or
which has been boarded may be declared a public nuisance upon a determination that the
structure is detrimental to the safety or public welfare of the residents and property values of this
city.
ARTICLE II. BOARDING OR TEMPORARILY SECURING BUILDINGS
18.48.200: SCOPE AND APPLICABILITY:
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The provisions of this article apply to any person or entity who is ordered to board a building
under Article I and any person or entity who voluntarily boards a building.
18.48.205: REGISTRATION:
A. Registration Required: Registration is required to board a building. In the case
where the city causes the boarding work to be done pursuant to Section 18.48.245, the city will
register the property on which the building is located and will bill the record owner the yearly
registration fee pursuant to Section 18.48.215. In the case where the building official causes
temporary boarding work to be done pursuant to Section 18.48.090 and the building is boarded
for more than 45 days, the provisions of this Article II shall apply.
B. Registration Process: Registration of a property on which a boarded structure
shall be located must be done on a form provided by the building official or designee. The form
shall specify the following:
1. The address of the structure to be boarded or temporarily secured;
2. The type of building;
3. For residential structures, the number of dwelling units;
4. For nonresidential buildings, the number of square feet of all building
faces at ground level;
5. The name, address, and telephone number of a person authorized to act as
an agent for the owner for performing the owner's obligations under this article, who lives
within 40 miles of Salt Lake City; and
6. Whether the property has the required external water source for
landscaping, if landscaping is required.
18.48.210: NOTICE OF REGISTRATION:
Upon registration the city may record with the Salt Lake County Recorder’s Office a notice of
registration. The recordation of a notice of registration shall not be deemed an encumbrance on
the property but shall merely place interested parties on notice that the cost of City abatement
activities conducted pursuant to Section 18.48.245 may be outstanding and recoverable as a lien
on the property in accordance with Section 18.48.100. Once the building official determines that
the property is no longer subject to registration then a notice of deregistration shall be recorded.
Recordation of the notice of deregistration shall have the effect of canceling the recorded notice
of registration.
18.48.215: YEARLY REGISTRATION FEES:
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A. Annual Fee: Upon registration and on each yearly anniversary of the date the
property was registered pursuant to this article, a property owner desiring to maintain a boarded
building shall pay the annual boarding registration fee shown on the Salt Lake City consolidated
fee schedule. Properties that are defined as a “contributing structure” or “landmark site” pursuant
to Section 21A.34.020 shall be subject to a higher registration fee.
B. Late Penalty and Interest: If annual registration fees are not timely paid, an
accounts receivable fee and interest shall accrue pursuant to Section 3.16.040.
C. Failure to Register: Boarding a building before registering pursuant to this article
shall result in a fine of up to 25% of the boarding registration fee specified in the Salt Lake City
consolidated fee schedule.
D. Collection of Fees: If the property owner fails to pay the boarding registration
fees, the city may take legal action to collect any amounts owed.
18.48.220: POSTING OF BOARDED OR CLOSED TO OCCUPANCY BUILDINGS:
Whenever a building is boarded or closed to occupancy, the city shall be authorized to install a
sign to be mounted on the exterior of the building. The sign shall state that the building is closed
to occupancy and that it is unlawful for any unauthorized person to enter the building. The sign
shall also provide phone numbers to call if people are seen on the property or if doors or
windows are unsecured.
18.48.225: METHOD OF SECURING BUILDINGS:
All buildings shall be boarded in the following manner:
A. Securing Opening: All openings in the structure on the first floor, other openings
easily accessible from the ground, and openings with broken glass, shall be secured either by
erecting a single 1/2 inch thick layer of plywood sheathing or similar material, not to include
chipboard/OSB, covering over all exterior openings, overlapping the opening on every edge by 3
inches, affixed along the edges by nails or screws spaced every 6 inches.
B. Alternatives to Securing Openings: Alternately, the openings may be secured by
conventional wood frame construction. The frames shall use wood studs of a size not less than 2
inches by 4 inches (nominal dimension) placed not more than 24 inches apart on center. The
frame stud shall have the 4 inch sides or the wide dimension perpendicular to the face of the
wall. Each side of the frame shall be covered with plywood sheathing or similar material of at
least 1/2 inch thickness or equivalent lumber nailed over the opening by using nails or screws
spaced every 6 inches on the outside edges and every 12 inches along intermediate stud supports;
and
C. Exterior Doors: Exterior doors shall be secured by a strong non-glass door
adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening
described in Subsection A or B of this section or successor sections.
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18.48.230: LANDSCAPE MAINTENANCE:
Existing landscaping and lawn on the property shall be maintained in the manner otherwise
required by Chapters 9.16 and 21A.48.
18.48.235: EXTERIOR MAINTENANCE:
A. Exterior of Building: The exterior of a boarded building shall be maintained as
required by relevant requirements set forth in Section 18.50.140. In particular, exterior walls and
surfaces shall be properly maintained and severely weathered, peeling, or unpainted wood and
damaged siding and roofing shall be replaced or repaired with similar materials and colors.
B. Salvage Permit Required: Doors, windows, special glass, fixtures, fittings, pipes,
railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials within the
interior of a boarded building shall not be salvaged except upon the issuance of a permit as
provided in Section 18.64.070.
18.48.240: SNOW AND ICE REMOVAL:
Snow and ice must be removed from public sidewalk areas surrounding the boarded property in
the manner indicated in Section 14.20.070.
18.48.245: CITY MAINTENANCE OF PROPERTY:
A. Notice: If the building official or the building official's designee determines that a
boarded building and/or property is not being maintained, the building official or the building
official's designee shall issue a notice and order pursuant to Section 18.24.040 requiring
compliance with the building maintenance standards as required in city code.
B. Failure to Comply with Notice: If the building official or designee determines that
the property owner has failed to comply with the notice and order, the city may cause the work to
be done by a contractor hired by the city and the city may recover its abatement costs in
accordance with the process set forth in Section 18.48.100.
18.48.250: CITY MAINTENANCE OF LANDSCAPING:
If the building official or the building official's designee determines that the landscaping on the
property surrounding a boarded building is not being maintained as required by city code, the
building official or the building official's designee shall follow the notice of violation and
corrective measures procedures as detailed in Sections 9.16.050 and 9.16.060.
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18.48.255: VIOLATIONS:
A. It is unlawful for the building owner to fail to maintain the boarded building or
ensure the building remains vacated after the property has been abated by either the city or the
building owner. Each day a violation occurs shall be a separate offense.
B. Violations of the provisions of this chapter are punishable in accordance with
Chapter 18.24.
18.48.260: BUILDING INSPECTIONS REQUIRED:
Whenever a property owner, manager, or tenant intends to clean, repair, renovate, reopen or
reoccupy a building that has been boarded, the building is to be inspected by the building official
or designee and a permit must be issued by building services or its successor prior to the building
owner, manager, or tenant initiating any of the above actions. Any person conducting any work
on a building that has been boarded or closed to occupancy must have a valid building permit at
all times.
SECTION 11. Amending the text of Salt Lake City Code Chapter 18.50. That Chapter
18.50 of the Salt Lake City Code (Technical Building Specifications: Existing Residential
Housing) is hereby amended as follows:
CHAPTER 18.50
EXISTING RESIDENTIAL HOUSING
18.50.010: TITLE:
This chapter shall be known as the SALT LAKE CITY EXISTING RESIDENTIAL HOUSING
ORDINANCE.
18.50.020: PURPOSE AND SCOPE:
A. Purpose: The purpose of this chapter is to provide for the health, safety, comfort,
convenience and aesthetics of Salt Lake City and its present and future inhabitants and
businesses, to protect the tax base, and to protect property values within the city, as provided by
Section 10-9a-102 of the Utah Code, or its successor section, and other applicable state statutes.
This purpose shall be accomplished by regulating the maintenance, repair and remodeling of
residential buildings specified in this chapter existing as of the date of enactment hereof by:
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11.Establishing minimum housing standards for all buildings or portions
thereof used, or designed or intended to be used, for human habitation;
12.Establishing minimum standards for safety from fire and other hazards;
13.Promoting maintenance and improvement of structures by applying
standards of this chapter to renovations. This chapter allows distinctions in the
application of standards based on the year a structure was built, as long as a reasonable
level of safety is achieved;
14.Avoiding the closure or abandonment of housing and the displacement of
occupants where such can be done without sacrificing the public health, safety and
welfare;
15.Providing for the administration, enforcement and penalties for this
chapter.
B. Scope:
1. Application to Existing Buildings: This chapter encompasses fire safety
and structural integrity of existing residential buildings. Within the structures, the scope
includes equipment and facilities for light, ventilation, heating, sanitation, protection
from the elements, space requirements, and for safe and sanitary maintenance.
2. Application to Remodeling of Existing Residential Buildings: This chapter
shall apply to remodeling or renovation of all residential buildings existing as of the date
of enactment hereof as follows:
a. This chapter applies regardless of tenancy, regardless of the
valuation of the renovations, and regardless of the date of such remodeling or
renovation, unless otherwise noted in this chapter.
b. The requirements of this chapter are minimums. During a
renovation or remodeling project, whenever conditions exist which allow such
work to comply with the codes adopted in Section 18.04.040, such codes shall
apply.
c. When a construction standard is omitted from this chapter, the
applicable standard shall be the state construction codes adopted and in effect at
the time the building was constructed or at the time the relevant electrical,
mechanical, or plumbing element was installed, whichever is later.
d. When the purpose of the renovation is to create new dwelling
units, the codes adopted in Section 18.04.040 shall apply.
3. Application to New Construction: From the date of adoption hereof, newly
constructed buildings must comply with the codes adopted pursuant to Section 18.04.040.
All additions to an existing building envelope shall comply with the codes adopted
pursuant to Section 18.04.040.
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16.Change of Use: Any building undergoing a change which intensifies the
use shall comply with the provisions of the codes adopted pursuant to Section 18.04.040.
17.Permits Required: Except as provided in this subsection, no building or
structure regulated by this chapter shall be erected, constructed, enlarged, altered, moved,
removed, converted, or demolished unless a separate permit for each building or structure
has first been obtained from the building official. Except where required by state law,
permits are not required for those items identified in Section 105.2 of the International
Building Code and International Residential Code, or as otherwise directed by the
building official.
C. Violations: It is unlawful for any person to:
1. Erect, construct, enlarge, alter, repair, move, improve, remove, convert, or
demolish, equip, use, occupy or maintain any building or structure or cause or permit the
same to be done in violation of this chapter;
2. Fail to obey a notice and order issued pursuant to this chapter;
3. Occupy, or rent for occupancy, a building that has been closed to
occupancy; or
4. Fail to obey an interpretation, decision or requirement of the board of
appeals and examiners.
18.50.030: DEFINITIONS:
A. Construction of Terms: For the purpose of this chapter, certain terms, phrases,
words, and their derivations shall be construed as specified in this section. Words used in the
singular include the plural, and words used in the plural include the singular.
B. Whole Includes Part: Whenever the words "apartment house", "building",
"dormitory", "dwelling unit", "habitable room", "hotel", "housing unit" or "structure" are used in
this chapter such words shall be construed as if followed by the words "or any portion thereof".
C. Referenced Documents: References to codes, ordinances, chapters, sections, or
subsections shall include any successor to such code, ordinance, chapter, section, or subsection
that has been adopted by the city.
D. Defined Terms:
AGENT: Any person, firm, partnership, association, joint venture, corporation, or other entity
who acts for or on behalf of others.
BASEMENT: A floor level, any part of which is more than 4 feet below grade for more than
50% of the total perimeter or more than 8 feet below grade at any point.
BATHROOM: A room containing at least one of each of the following fixtures: sink, toilet, and
tub or shower. It may also include a bidet.
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BEDROOM: Any space designed or used for sleeping.
BOARDING HOUSE: The same as defined in Title 21A.
BUILDING: Any structure which is used, designed or intended to be used for human habitation.
BUILDING CLOSURE, CLOSED TO ENTRY, OR CLOSED TO UNAUTHORIZED ENTRY:
A building which has been closed to occupancy.
BUILDING INSPECTOR: A person designated by the building official to make inspections of
buildings and properties covered by this chapter.
CEILING HEIGHT: The vertical distance from the finished floor to finished ceiling or to the
lowest point of the ceiling framing members. Where obstructions other than lighting fixtures
exist below the ceiling, the height shall be measured from the obstruction to the finished floor.
CERTIFICATE OF OCCUPANCY: A certificate issued by the building official authorizing
occupancy of a building.
COMMON ROOM: A room available in congregate housing for the shared use of occupants of 2
or more housing units. This does not include common corridors and exit passages, but does
include kitchens and game rooms.
CONDOMINIUM: Property or portions thereof conforming to the definition set forth in section
57-8-3 of the Utah Code, as amended, or its successor.
CONGREGATE HOUSING: Any building which contains facilities for living, sleeping and
sanitation, as required by this chapter, and may include facilities for eating and cooking, for
occupancy by other than a family. Congregate housing includes SROs, convents, monasteries,
dormitories, boarding and rooming houses, hostels, fraternity and sorority houses, but does not
include shelters, jails, hospitals, nursing homes, hotels or lodging houses.
COOKING FACILITY: At a minimum, a range with stove top and oven, or alternatively, a
nonportable cooktop and oven, and a sink.
CORRIDOR: A hallway that serves more than one dwelling unit.
EFFICIENCY DWELLING UNIT: A dwelling unit containing only one habitable room with a
bath and/or kitchen in the unit.
EXISTING: In existence prior to adoption hereof.
EXITWAY: A continuous and unobstructed means of egress to a public way and includes any
intervening aisles, doorways, gates, corridors, exterior exit ramps, stairways, smokeproof
enclosures, horizontal exits, exit passageways, and exit access ramps as these terms are defined
in the International Building Code.
FAMILY: The same as defined in Title 21A.
FIRE RESISTANCE OR FIRE RESISTIVE CONSTRUCTION: Construction that resists the
spread of fire.
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FLOOR AREA COMPUTATION: The floor area of a habitable room excluding closets,
cabinets, bathrooms, and kitchens when such kitchens are separated from the habitable room by
walls or other partitions.
GARAGE: A building or portion thereof designed, used, or intended to be used for parking or
storage of a motor vehicle containing flammable or combustible liquids or gas in its tank.
GLAZING: Light transmitting glass or plastic installed in windows, doors and skylights,
including safety glass, but not including glass block.
HABITABLE ROOM: A room in a building for living, sleeping, eating or cooking. Bathrooms,
toilet rooms, closets, halls, storage or utility space, and similar areas are not habitable rooms.
HALL: A space used for circulating between the rooms of a building within an individual
dwelling unit.
HAZARDOUS CONDITION: A condition in a residential building or dwelling unit where
failure of a structural, electrical, mechanical or plumbing component system or systems is likely
to occur reasonably soon but which has not yet occurred or which is not serious enough to be
considered an "imminent danger". "Hazardous conditions" consist of any of the following:
1. All of the conditions listed under the definition of "imminent danger" if
those conditions can be repaired safely while all or the affected part of the building or
unit remains occupied; or
2. "Imminent danger" conditions which have been partially secured pursuant
to Section 18.24.030.E;
3. Improper, missing, misused or malfunctioning electrical service or
disconnect devices;
4. Cracked, displaced or missing foundations resulting in settlement and
structural damage;
5. Defective or deteriorated flooring or floor supports;
6. Flooring or floor supports of insufficient size to carry imposed loads with
safety;
7. Members of walls, partitions or other vertical supports that crack, split,
lean, list or buckle due to defective material or deterioration where failure is likely to
occur reasonably soon but is not likely to occur immediately;
8. Members of walls, partitions or other vertical supports that are of
insufficient size to carry imposed loads with safety;
9. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
or vertical members which sag, split or buckle due to defective material or deterioration;
10. Inoperable toilet, bathroom sink, or bathtub or shower in a dwelling unit or
congregate housing unit;
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18.Lack of or inoperable kitchen sink in a dwelling unit or congregate
housing unit;
19.Fireplaces or chimneys which are of insufficient size or strength to carry
imposed loads with safety such that failure is likely to occur reasonably soon but is not
likely to occur immediately;
20.Except as defined under "imminent danger" below, conditions that reduce
the width, height or area of a required emergency exitway or required escape window;
21.All buildings or portions thereof which are not provided with the operable
fire extinguishing systems or equipment required by city codes;
22.Buildings or portions thereof occupied for living, sleeping, cooking or
dining purposes which were not designed or intended to be used for such occupancies;
23.Lack of a kitchen area equipped with a working stove, oven, sink and
refrigerator unless specified otherwise by this code.
HISTORIC BUILDING: Any building or structure which has been designated for preservation
by Salt Lake City pursuant to Title 21A or its successor, or is a contributory structure located in
an historic district designated pursuant to Title 21A.
HOTEL: Any building containing guestrooms intended or designed to be used, rented, or hired
out to be occupied, or which are occupied for sleeping purposes by guests on a daily basis.
HOTEL/MOTEL ROOM: A room or combination of rooms (suite) offered as a single unit for
lodging on a daily or weekly basis.
IMMINENT DANGER: A condition in a building or dwelling unit subject to this chapter where
structural, electrical, mechanical or plumbing systems have failed so that they may cause
immediate death or serious injury to the building's occupants or the public. Conditions of
"imminent danger" are those that are so severe and dangerous that either repairs cannot be
completed immediately or it is appropriate to have the residents or other occupants leave the
building or unit before the repairs have begun. "Imminent danger" consists of any of the
following and other similarly serious conditions:
1. Failed or missing foundations, beams, columns, floor systems;
2. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members which sag, split or buckle and failure is likely to occur at any moment;
3. Broken water lines causing flooding which is undermining structural
supports or otherwise endangering the building's integrity;
4. Leaking gas;
5. Missing flues or vent connectors resulting in exhaust gases entering the
building;
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6. Lack of adequate heating facilities during the months of October through
April;
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7. Overload of main and branch electrical distribution systems;
8. Exposed electrical wires, fuses and electrical current breakers capable of
producing electrical shock or fire and readily accessible to the occupants or the public;
9. Stairs and stair components that cannot carry the loads intended and which
may collapse if so loaded;
10. Contaminated water systems;
11. A complete absence of toilet facilities;
12. A complete lack of water supply or sewage disposal facilities, as a result
of a failure of a building's or dwelling unit's system and not a city system failure;
13. Blocked emergency egress halls, corridors and/or doors, including
accumulation or storage of materials in stairways, corridors, doors or windows, or other
condition which blocks the means of egress.
INFESTATION: The presence of insects, rodents or other pests in or around a building in
numbers that are or may be detrimental to the health, safety or general welfare of the occupants.
KITCHEN: A space or room used, designed or intended to be used for the preparation of food,
which includes permanently installed cooking facilities.
MAINTENANCE: The repair, replacement and refinishing of any component of an existing
structure, but does not include alteration or modification to the existing weight bearing structural
components.
MINOR DEFICIENCIES: A structural, electrical, mechanical or plumbing code violation that is
minor in nature and is less severe or dangerous than a "substandard condition". "Minor
deficiencies" include the following, and other similarly minor conditions:
1. Interior finish wall coverings missing or in disrepair;
2. Lack of paint;
3. Dripping or leaking kitchen or bathroom faucets;
4. Soffit and fascia trim of which no more than 20% is weathered, missing,
or loose.
MONUMENTAL STAIRS: A stairway, exceeding 4 feet in width, at the main entrance on the
exterior of a building.
MULTIPLE-FAMILY STRUCTURE: A residential building containing 3 or more dwelling
units.
NEC: The edition of the national electrical code currently adopted by the city.
OCCUPANT: A person occupying or having possession of a dwelling unit.
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OPENING: An exterior glazed opening capable of being closed to the weather, consisting of a
window, a glazed door, or an openable glazed skylight, which opens upon a roof, yard, court,
street, alley or recess from a court.
PATTERN OF CIRCULATION: Any area in a room or group of rooms where the occupant is
likely to walk because of the location of doors, fixtures or furniture placement when size of room
restricts furniture placement. Fixtures, pipes and ducts projecting from the ceiling which are
located near the middle of the room are within the pattern of circulation.
PLUMBING SYSTEM: Any potable water distribution piping, and any drainage piping within
or below any building, including all plumbing fixtures, traps, vents and devices appurtenant to
such water distribution or drainage piping and including potable water treating or using
equipment, and any lawn sprinkling system.
PREMISES: A lot, plot or parcel of land including the buildings or structures thereon.
RESIDENTIAL BUILDING: The portions of a building that contain dwelling units.
SRO (SINGLE ROOM OCCUPANCY): A congregate housing where the dwelling units have
one combined sleeping and living room and may include a kitchen and/or a separate private
bathroom.
SAFETY: The condition of being safe from causing harm, injury or loss.
SECURED BUILDING: A building where all windows and doors are intact and lockable against
unauthorized entry.
SLOPING CEILING: Any ceiling with a slope greater than 1/2 inch per foot.
SMOKE DETECTOR: An approved device which senses visible or invisible particles of
combustion.
SPACE, COMMON: "Common space" means shared areas available for use by the occupants of
the building.
SPACE, PRIVATE: "Private space" means the portion of a dwelling unit which is for the
exclusive use of the occupants of the unit.
SUBSTANDARD CONDITION: A structural, electrical, mechanical or plumbing system
condition in a residential building or dwelling unit which violates applicable codes but with
maintenance or repair can be made fully safe and which does not amount to an "imminent
danger" or a "hazardous condition". "Substandard conditions" include the following as well as
any violations of the standards in this chapter which have not been included in the categories of
"imminent danger", "hazardous condition" or "minor deficiency":
1. Deteriorated or inadequate foundations with cracking and evidence of
settlement;
2. Defective or deteriorated flooring or floor supports;
3. Members of walls, partitions or other vertical supports that split, lean, list
or buckle due to defective material or deterioration;
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1. Members of ceilings, roofs, ceiling and roof supports, or other members
that are of insufficient size to carry live and dead loads with safety;
2. Soffit and fascia trim more than 20% of which is weathered, missing or
loose;
3. Missing, decayed, buckling or worn out roof covering;
4. Roof having more than 2 layers of shingle type roof covering;
5. Fireplaces or chimneys which list, bulge or settle, due to defective
material or deterioration;
6. Parapet wall or parapet cap bricks that are loose or missing;
7. Stair risers, treads, jacks, stringers or supports that are cracked or
otherwise deteriorated or missing;
8. Plumbing which was not installed in accordance with the adopted
plumbing code in effect at the time of installation or with generally accepted construction
practices, has not been maintained in good condition, or is not free of cross connections
or siphonage;
9. Continuous running water in a toilet, bathroom sink or kitchen sink;
10. Lack of hot or cold running water to plumbing fixtures in a dwelling unit
or congregate housing structure;
11. Mechanical equipment which was not installed in accordance with codes
in effect at the time of installation, or with generally accepted construction practices, or
which has not been maintained in good and safe condition;
12. Inoperable heating systems during the months of May through September;
13. Inoperable air conditioning systems, when the building is supplied with
such a system and lacks other adequate forms of ventilation and the air conditioning
system fails to keep the air temperature below 85°F;
14. Damaged or missing heat ducts or missing heat duct registers;
15. Electrical wiring which was not installed in accordance with codes in
effect at the time of installation or with generally accepted construction practices, has not
been maintained in good condition, or is not being used in a safe manner;
16. Missing light fixtures, switches and outlet and switch cover plates;
17. Overcurrent situations such as those caused by the use of electrical
extension cords and multiple light fixtures;
18. Lack of the minimum natural light and ventilation required by this
chapter;
19. Room and space dimensions less than that required by this chapter;
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20. Dampness of habitable rooms as evidenced by water damage or excess
moisture on ceilings, walls or floors;
21. Deteriorated, crumbling or loose plaster or stucco;
22. Deteriorated or ineffective waterproofing of exterior walls, roof,
foundation or floors, including broken windows or doors;
23. Deteriorated or lack of weather protection for exterior wall coverings;
24. Broken, rotted, split or buckled exterior wall coverings or roof coverings;
25. Wood has been installed within 6 inches of earth which is not naturally
decay resistant, treated wood or wood protected by an approved barrier;
26. Infestation of insects, vermin or rodents as determined by the Salt Lake
County health department, or its succcessor;
27. Lack of garbage and rubbish storage and removal facilities as determined
by the Salt Lake County health department regulations;
28. Those premises on which an accumulation of weeds, vegetation, junk,
dead organic matter, debris, garbage, offal, rat harborages, stagnant water, and similar
materials or conditions constitute a violation of the Salt Lake County health department
regulations;
29. Any building, device, apparatus, equipment, combustible materials or
vegetation which, in the opinion of the chief of fire department or building official, is in
such a condition as to cause a fire or explosion or provide a ready fuel to augment the
spread and intensity of fire or explosion arising from any cause;
30. Any fire resistive requirement of this chapter which is not met;
31. Drainage of water from roofs or yards in a manner that creates flooding or
damage to a structure;
32. Any equipment or apparatus that causes excessive noise, pollution, odor or
light as defined by the Salt Lake City code or Salt Lake County health regulations;
33. Guardrails or handrails in common areas that are missing or cannot
support required loads.
TOILET ROOM: A room which contains a toilet. It may also contain a sink, but does not contain
a tub or shower.
UNFIT FOR HUMAN OCCUPANCY: A condition of premises which has been found by the
building official to be an "imminent danger" or "hazardous condition" situation as defined by this
chapter, or which fails to meet the sanitation requirements of the Salt Lake County health
department.
VENTILATION, NATURAL: "Natural ventilation" means any openable exterior door, window
or skylight which opens upon a roof, yard, court, street or alley.
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YARD: As defined in Title 21A.
18.50.040: AUTHORITY:
A. Enforcement: The building official is authorized to enforce all the provisions of
this chapter. The building official may issue and deliver enforcement orders under authority
provided by state law.
B. Interpretation: The building official may render interpretations of this chapter and
adopt and enforce rules and supplemental regulations pursuant to adopted state construction
codes to clarify the application of its provisions. Such interpretations, rules and regulations shall
conform to the intent and purpose of this chapter, and shall be made available in writing for
public inspection upon request.
C. Alternate Materials and Methods of Construction: This chapter is not intended to
exclude any method of structural design or repair not specifically provided for in this chapter or
applicable adopted state construction codes. The building official may approve any alternate
material or method of construction conforming to the applicable adopted state construction
codes.
18.50.050: RIGHT OF ENTRY:
A. Inspection: Whenever it is necessary to make an inspection to enforce any
provisions of this chapter, or whenever the building official has reasonable cause to believe a
code violation exists in any building or upon any premises which makes such building or
premises unsafe, dangerous or hazardous, the building official may, upon obtaining permission
of the owner or other person having charge or control of the premises or dwelling unit, or upon
obtaining a warrant, enter a residential property or premises to inspect it or to perform the duties
imposed by this chapter. If such building or premises is occupied, the building official shall first
present proper credentials and request entry. If such building or premises is unoccupied, the
building official shall first make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry. If such entry is refused, the
building official shall have recourse to every remedy provided by law to secure entry. The
building official shall establish written policies which outline owner notification procedures for
regular inspections and establish handling of owner notification for tenant reports of unsafe,
dangerous and hazardous conditions.
B. Unoccupied Dwelling Unit: If an unoccupied dwelling unit is open and
unattended and the owner or other person having charge or control of the building or premises
cannot be located after reasonable effort, the building official or building official's designee may
enter the building. The building official shall issue a notice and order pursuant to Section
18.24.040 that the dwelling unit be immediately secured or boarded against the entry of
unauthorized persons.
C. Inspection Notification: In imminent danger or hazardous condition situations, or
when authorization to enter has not previously been granted by a tenant, the owner shall give the
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tenant a minimum of 24 hours' notification of an inspection of the tenant's premises by the
building official.
18.50.060: RESERVED
18.50.070: RESERVED
18.50.080: RESERVED
18.50.090: MINOR DEFICIENCY NOTIFICATION:
A. Determination: If the building inspector determines that a minor deficiency exists,
the building inspector may take the actions specified in this section.
B. Citations: Citations may be issued for minor deficiencies. However, such citations
shall be for the owner's information only and shall have no further legal force or effect. When a
notice and order is issued pursuant to Section 18.50.100, minor deficiencies may be included
under "for owner's information only". If a property inspection reveals only minor deficiencies,
the building inspector may mail a letter to the owner informing the owner of such minor
deficiencies.
18.50.100: ENFORCEMENT:
A. Determination: If the building inspector determines that a violation of this chapter
exists, the building inspector may take the actions specified in this section.
B. Warning Notice
1. Notice: If the building inspector finds that any provision of this chapter is
being violated, the inspector shall provide a written notice to the responsible party. The
written notice shall indicate the nature of the violation and order the action necessary to
correct it. The written notice shall state what action the inspector intends to take if the
violation is not corrected. The written notice shall include the time period in which the
violations must be corrected, which will be based on their severity.
2. Delivery of Notice: Such written notice issued by the inspector shall be
deemed sufficient and complete when served upon the responsible party as follows:
a. Personally by the inspector or his or her representative; or by
mailing, postage prepaid, by certified mail, return receipt requested or any
reputable mail tracking service that is capable of confirming delivery, addressed
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to the responsible party at the last known address appearing on the records of the
county recorder; and
b. By posting notice on the property where said violation(s) occurs.
8. In cases when delay in enforcement would seriously threaten the effective
enforcement of this chapter, or pose a danger to the public health, safety or welfare, the
inspector need not issue a warning notice.
C. Notice and Order: If, after issuance of the warning notice (if required), the
violations have not been corrected by the time period stated in the notice, the building inspector
may issue a notice and order pursuant to Section 18.24.040. The notice and order need not
provide any additional correction period and may impose fines beginning on the date it is issued.
D. Remedies: Upon issuance of a notice and order, the building inspector may pursue
any remedies allowed by Sections 18.24.030 and 18.24.050, except that civil fines shall accrue as
set forth in the Salt Lake City consolidated fee schedule specific to the violations of this chapter.
E. Daily Violations: Each day a violation continues after the issuance of the notice
and order (or cure deadline stated therein, if applicable) shall give rise to a separate civil fine.
F. Compliance: Accumulation of fines for violations, but not the obligation for
payment of fines already accrued, shall stop upon correction of the violation(s) once confirmed
through an inspection requested pursuant to Subsection 18.24.040.A.3.
G. Recurring Violations: In the case where a violation, which had been corrected,
reoccurs at the property within 6 months of the initial correction and is due to the actions or
inactions of the same responsible party as the prior violation, the city may begin enforcement of
said recurring violation and impose fines after a 10 day warning period.
18.50.110: APPEALS:
A. Filing of Appeals: Appeals of enforcement of this chapter shall be taken in
accordance with Chapter 18.12.
B. Inspection of the Premises: Before any hearing is held by the board of appeals and
examiners the board may inspect the building or premises involved. Prior notice of such
inspection shall be given to the responsible party filing the appeal, who may be present at such
inspection. Failure of the responsible party to provide access without good cause as determined
by the building official shall not constitute a reason for the hearing to be postponed and the
appeal denied.
18.50.120: RESERVED
18.50.130: APPROVAL FOR OCCUPANCY:
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Following the correction of the deficiencies and prior to persons reoccupying any residential
building or dwelling unit after it has been closed to occupancy, the building official shall issue an
approval for occupancy.
18.50.140: EXTERIOR STANDARDS:
A. Structural Repair: All roofs, floors, walls, chimneys, foundations, and other
structural components shall be repaired when they no longer retain their structural integrity.
Loose bricks in chimneys shall be repaired and missing chimney caps shall be replaced.
B. Exterior Surfaces: Exposed materials that require weather protection and exterior
surfaces that are deteriorating shall be repaired to the extent necessary to stop damage from cold,
wind, water, or dampness. The roof covering and flashing shall form an impervious membrane.
C. Drainage: All surface water shall drain away from the structure and any potential
adverse effect of the runoff shall be mitigated to the reasonable satisfaction of the building
official.
D. Windows and Doors: Windows that are required by this chapter for light and
ventilation shall be fully glazed. Window openings not required to meet light, ventilation, and
egress standards may be sealed with opaque materials or removed. Broken or missing doors,
door frames, windows, and window sashes shall be replaced or repaired.
E. Appendages: All awnings, fire escapes, exhaust ducts and similar appendages
shall be maintained in good repair and be properly anchored.
F. House Addressing: All residential buildings shall display a street number in a
prominent location on the street side of the building in such a position that the number is easily
visible to approaching emergency vehicles. The numerals shall be in accordance with the codes
adopted in Section 18.04.040. Each individual unit within any multiple-family structure shall
display a prominent identification number.
G. Exterior Walkways: All sidewalks, walkways, stairs, driveways, parking spaces
and similar areas shall be kept in a proper state of repair, and maintained free from hazardous
conditions.
18.50.150: INTERIOR STANDARDS:
A. Showers/Tubs: Showers shall be finished to a height of 70 inches above the
fixture drain outlet with nonabsorbent material. Freestanding tubs with shower risers may utilize
a shower curtain that totally encloses all sides of the tub.
B. Floor Coverings: All floor and stair coverings shall be maintained in a secure and
substantially intact manner. This standard does not apply to area or throw rugs within dwelling
units.
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C. Walls And Ceilings: All walls and ceilings shall be maintained so that they are
secure and intact. Surfaces shall be painted or covered with wallpaper or paneling.
D. Finishes, Washable Surfaces: In kitchens and bathrooms of congregate housing
and SROs, floors and walls within 15 inches of sinks, bidets, showers, toilets, and tubs shall be
finished with a nonporous material that is not adversely affected by moisture.
E. Operable Fixtures and Equipment: All fixtures, appliances, and equipment
required by this code shall be maintained in safe and operable condition.
18.50.160: DOORS, TRIM AND HARDWARE:
A. All doors, trim and hardware shall be kept in good working condition.
B. Exterior doors which are required for ingress and egress shall have locks which
are keyed from the exterior and are operable from the interior without the use of a key or other
special equipment or knowledge. Original locks in historic buildings are not required to be
replaced if in good working condition.
C. Hinges for out swinging doors shall be equipped with nonremovable hinge pins or
a mechanical interlock to preclude removal of the door from the exterior by removing the hinge
pins.
18.50.170: ENVIRONMENTAL OR SANITARY STANDARDS:
A. All premises shall be maintained clean, safe, sanitary and free from an
accumulation of rubbish. Every occupant of a structure shall keep that part of the structure and
exterior property which such occupant occupies, controls or uses in a clean and sanitary
condition. Every owner of a structure containing a boarding and rooming house, fraternity and
sorority house, dormitory, SRO or multiple-family dwelling units shall maintain, in a clean and
sanitary condition, the shared or public areas of the structure and exterior property.
B. Garbage and refuse storage and removal shall meet the requirements of the Salt
Lake County health department regulations.
C. There shall be no insect or rodent infestation in violation of the Salt Lake County
health department regulations.
D. Asbestos, regardless of the date of installation, shall meet the requirements of the
Salt Lake County health department regulations.
E. A room in which a toilet is located shall be separated from food preparation or
storage rooms by a tightfitting door.
18.50.180: SPACE AND OCCUPANCY STANDARDS:
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A. Ceiling Heights:
1. Habitable Rooms: The minimum ceiling height for all habitable rooms
shall be as set forth in the construction codes adopted in Section 18.04.040. This height
may be 6 feet 4 inches when the requirements of this chapter for emergency egress, light
and ventilation are met and a smoke detector and carbon monoxide detector are installed
pursuant to the construction codes adopted in Section 18.04.040. The only exception is
that a smoke detector is not required in a kitchen. Obstructions shall be allowed to 5 feet
10 inches when the obstruction is not in the pattern of circulation and obstructions are not
greater than 20% of the floor area of the room.
2. Nonhabitable Rooms Except Bathrooms: All nonhabitable rooms, except
bathrooms, shall have no minimum ceiling height requirement.
3. Bathrooms and Toilet Rooms: Bathrooms and toilet rooms shall have a
minimum ceiling height of 6 feet 0 inches. Obstructions shall be allowed to 5 feet 10
inches. The bathroom ceiling height at the back of a sink, toilet or tub without shower
may be sloped to a minimum height of 5 feet 0 inches at the wall when the ceiling height
is no less than 6 feet 0 inches at a point 2 feet 0 inches from the wall adjacent to the
bathroom plumbing fixture.
4. Sloping Ceilings: In any room with a sloping ceiling, at least one-half
(1/2) the floor area shall have a minimum ceiling height as required by this section. No
portion of the room with a ceiling height below 5 feet 0 inches may be used in the floor
area computation.
5. Corridors: A minimum ceiling height of 6 feet 4 inches shall be required
in corridors so long as there are a smoke detector and carbon monoxide detector installed
pursuant to the construction codes adopted in Section 18.04.040. Obstructions shall be
allowed to 5 feet 10 inches when the obstruction is not in the pattern of circulation and
obstructions are not greater than 20% of the floor area of the corridor.
B. Room and Corridor Size:
1. Floor Area and Room Dimensions: Floor area and room dimensions shall
be as set forth in the construction codes adopted in Section 18.04.040.
2. Sleeping Room Dimensions: Every room used for sleeping shall have
floor area equal to the amounts required by the construction codes adopted pursuant to
Section 18.04.040. Where more than 2 persons occupy a room used for sleeping, the
required floor area shall be increased at the rate of 50 square feet for each occupant in
excess of 2.
3. Corridors: The minimum width of corridors shall be 36 inches. In dwelling
units constructed prior to 1983, a minimum corridor width of 28 inches shall be
permitted.
C. Special Dwellings:
1. Efficiency Dwelling Units: An efficiency dwelling unit shall:
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• Have a living room floor area equal to the amounts required by the
construction codes adopted pursuant to Section 18.04.040. An additional 100
square feet of floor area shall be provided for each occupant in excess of two;
• Have a closet;
• Have a kitchen sink and cooking and refrigeration facilities, each
having a clear working space of at least 30 inches in front of the fixture or
appliance;
• Have a bathroom containing a toilet, sink and bathtub or shower.
9. Congregate Housing: Except for Shared Housing as defined in Title 21A,
individual units in congregate housing shall have at least one room with not less than 70
square feet of floor area per occupant. When individual rooms are less than 120 square
feet, a separate common room shall be provided of at least 120 square feet for each 10
units, with a minimum of one common room per floor. When separate rooms are not
provided with cooking facilities, the common room may be a common kitchen with a
floor area as defined by the floor area computation.
D. Cooking Facilities:
1. Cooking Facilities in Dwelling Units: Each dwelling unit shall have a
kitchen that supplies:
a. A range with stove top and oven, or in the alternative, a
nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
considered as cooking facilities. All cooking appliances shall be maintained in
good working condition.
b. An approved sink, with a minimum dimension of 12 inches by 12
inches by 4 inches deep.
c. A minimum of 4 square feet of counter space.
d. A refrigerator.
2. Cooking Facilities for Individual Units in Congregate Housing: As long as
such cooking facilities do not encroach into the required floor area, required cooking
facilities may be supplied in individual units, provided all of the following items are
supplied:
a. A range with stove top and oven, or in the alternative, a
nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
considered as cooking facilities and are not allowed. Portable cooking devices are
not allowed in individual rooms;
b. An approved sink, with a minimum dimension of 12 inches by 12
inches by 4 inches deep;
c. A minimum of 4 square feet of counter space;
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• A refrigerator.
10. Common Kitchens in Congregate Housing: When cooking facilities are
not provided within individual units, congregate housing shall have a common kitchen
area which shall contain the following minimum facilities: a sink for each 20 tenants or
portion thereof, a range for each 20 tenants or portion thereof, and a refrigerator for each
10 tenants or portion thereof. The minimum kitchen area shall be 120 square feet based
on the floor area computation for the first 10 occupants or portion thereof, and an
additional 30 square feet for each additional 10 persons or portion thereof.
18.50.190: LIGHT AND VENTILATION:
A. Natural Light in Habitable Rooms:
1. Every habitable room shall have at least one window facing directly to the
outdoors to provide natural light. The minimum total window area shall equal 1/20th or
more of the floor area of the room, with a minimum of 3 and 1/2 square feet. Special
purpose rooms such as home theaters and film processing rooms shall not be subject to
this requirement. Kitchens may be provided with artificial light, which shall be a
minimum of 1.5 watts incandescent or 0.8 watts fluorescent per square foot of the room.
2. The glazed area of an exterior door may be used for purposes of
computing window size for natural light.
3. For the purpose of meeting light or ventilation requirements, as well as
emergency egress, a room may be considered as a portion of an adjoining room when 1/2
of the area of the common wall is open and unobstructed and provides an opening of not
less than 1/10 of the floor area of the interior room or 25 square feet, whichever is
greater.
B. Ventilation:
1. Habitable Rooms:
a. Except as provided in subsection B1b of this section, all habitable
rooms shall be provided with natural ventilation by means of openings to the
exterior which have the capability of being closed to the weather. Total openings
shall have an area at least 1/20 of the floor area of the room or 3 and 1/2 square
feet, whichever is greater.
b. A mechanical ventilation system shall be allowed in lieu of
openings for natural ventilation. Such system shall create a positive pressure in
the room and the air intake shall be connected directly to the outside and be
capable of 2 air exchanges per hour. In kitchens, the ventilation system may
create negative pressure. The air intake/exhaust source shall be located at least 3
feet above any opening which is within 10 feet of the air intake/exhaust.
c. Exterior doors may be used to meet natural ventilation
requirements.
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24.Bathrooms, Laundry Rooms, and other Nonhabitable Areas:
• Except as provided in subsection B2b of this section, all bathrooms
and laundry rooms shall be provided with natural ventilation by means of
openings to the exterior which have the capability of being closed to the weather.
Such openings shall have a total area not less than 1/20 of the floor area of the
room, with a minimum of 1 and 1/2 square feet.
• A mechanical exhaust system connected directly to the outside
shall be allowed in lieu of natural ventilation. The system shall be capable of
providing 5 air exchanges per hour. The exhaust air shall discharge at least 3 feet
above or 10 feet away from any air intake source. Toilet rooms may be ventilated
with an approved recirculation fan or similar device designed to remove odors
from the air.
• Mechanical or convection venting of bathrooms into the attic shall
be acceptable. Recirculating fans may be used in toilet rooms only. Bathrooms
with tubs or showers shall have a convection or mechanical exhaust system.
• Bathrooms constructed prior to 1970, which are vented with
convection vent openings extending to the outside shall meet the ventilation
requirement as long as the walls, ceiling and floor are not adversely affected by
moisture.
18.50.200: FIRE SAFETY; EGRESS:
A. Fire Safety: No hazard of fire or explosion shall be created or allowed to exist in
any building, premises, equipment or apparatus.
B. Exit and Emergency Egress:
1. Every existing dwelling unit shall have a safe, continuous and
unobstructed means of egress of a minimum ceiling height of 6 feet 4 inches and a
minimum egress width of 28 inches. Obstructions shall be allowed to 5 feet 10 inches
when the obstruction is not in the pattern of circulation and obstructions are not greater
than 20% of the floor area of the exitway. The exitway shall be kept in a proper state of
repair and maintained free of hazardous conditions and obstructions.
2. Every sleeping room located below the fourth story shall have at least one
openable window or exterior door approved for emergency egress or rescue. Every egress
window shall comply with the construction codes adopted in Section 18.04.040, unless
the size of the opening under such codes is not feasible then the opening shall have a
minimum of 3 and 1/2 square feet of openable space and clear opening dimensions of at
least 20 inches in one dimension and 24 inches in the other dimension. The escape
window must open directly into a yard or exit court, or into a public street or alley. When
windows are provided as a means of emergency egress or rescue, they shall have a
finished sill height of not more than 48 inches. If the distance from the floor to the
windowsill is more than 48 inches, a permanent ladder or platform attached to the wall or
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floor may be installed to meet the maximum height requirement. The ladder or platform
must be approved by the city.
3. For windows that are below grade, a window well shall run parallel to the
width of the window and extend at least 18 inches out from the exterior face of the
building. When the distance from the top of the window well to its bottom exceeds 48
inches, it shall be equipped with an approved permanently affixed ladder or stairs that are
accessible with the window in the fully open position. Grates are permitted over window
wells when hinged away from the structure and not weighing over 15 pounds per section
of the grate.
4. Bars, grills, grates or similar devices may be installed on emergency
escapes or rescue windows or doors, provided such devices are equipped with approved
release mechanisms which are operable from the inside of the grate without the use of a
key or special knowledge or effort.
C. Stairs and Handrails: Stairs and rails shall meet the requirements of the means of
egress section of the applicable adopted state construction code with the following modifications:
1. If there are 4 or more risers, a handrail shall be required. Two handrails
shall be required when the width of the stairs is 48 inches or more. Stairways less than 48
inches in width or stairways serving one individual dwelling unit in group R, division 1
or 3 occupancy, or a group R, division 3 congregate residence may have one handrail.
Handrails are not required for monumental stairs.
2. Handrails shall be placed not less than 30 inches nor more than 38 inches
above the outermost edge of the tread. Handrails for existing stairs are not required to
extend beyond the top or bottom stair tread.
3. Stairs shall have a maximum riser height of 9 inches and a minimum step
run of 8 inches. Existing stair flights may have a maximum variation in rise and run of 2
inches at the top and bottom of the flight. A maximum of 1 inch variation of rise and run
shall be allowed for all intermediate risers and treads. Stairs shall be level and shall
comply with life safety standards as defined herein.
4. Winding, circular and spiral stairs may run to narrow to a point. The run
shall measure 8 inches (12 inches from the narrow point).
5. There shall be no minimum rise or run requirement nor maximum
variation in the rise and run for stairs leading only to mechanical, storage, utility, and
nonhabitable rooms in any residential structure and laundry rooms in individual dwelling
units provided the stairs are structurally sound.
6. Steps shall be maintained in a safe manner. Missing steps, steps which are
deteriorated to the point that a foothold is difficult to maintain, staircases which have
missing boards, and/or staircases which contain boards that have lost their structural
integrity shall be repaired to a safe condition.
7. Interior and exterior stairs shall have a minimum headroom height of 6
feet 4 inches so long as there are electrical powered smoke detectors installed pursuant to
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the construction codes adopted in Section 18.04.040, except for stairs to mechanical or
storage rooms, utility and nonhabitable rooms in any residential structure and laundry
rooms in individual dwelling units, which have no minimum headroom height. Within
stairways obstructions shall be allowed to 5 feet 10 inches when the obstruction is not in
the pattern of circulation and obstructions are not greater than 20% of the floor area of the
stairway.
8. Stairs in the interior or exterior of an existing building where stair jacks
are replaced or more than 50% of the tread or risers are replaced shall meet the
requirements of the applicable adopted state construction code.
9. A stair tread, stair support, stair riser, landing or railing which is either
missing or so severely in disrepair or damaged that it cannot support its intended live and
dead loads shall be repaired.
10. Interior stair landings shall have a minimum width of 28 inches and a
minimum length in the direction of travel of 30 inches.
D. Guardrails:
1. Guardrails shall be required for all balconies, porches, patios and open
stairs more than 30 inches above or below grade. Guardrails shall also be required for any
grade change more than 30 inches next to a walking surface. Guardrails shall not be less
than 42 inches in height, except for guardrails serving private dwelling units, which shall
have a minimum height of 36 inches. Guardrails may have a minimum height of 36
inches if the building was built before 1970. Guardrails having a height less than 36
inches shall be allowed if they were installed as part of the building's original
construction and are not a replacement. For structures which are on the historic register or
are contributory structures located within one of the city's historic districts, height of
existing and replacement guardrails may be determined based upon standards adopted by
the city's historic landmark committee.
2. Guardrails shall have intermediate rails or an ornamental pattern such that
there is no open area in excess of 4 inches in diameter. The diameter of such open space
may be 9 inches for buildings built before 1985, and 6 inches for those built between
1985 and 1991.
E. Smoke Detector Requirements:
1. When smoke detectors are required in dwelling units by the applicable
adopted state construction code, the detectors shall be mounted on the ceiling or wall at a
point centrally located in the hallway or area giving access to rooms used for sleeping. In
efficiency dwelling units, the detector shall be centrally located on the ceiling or wall of
the main room or sleeping room.
2. Where sleeping rooms are on an upper level, the detector shall be placed at
the ceiling or wall directly above the stairway immediately outside the bedrooms. Wall
mounted detectors shall be a minimum of 4 inches and maximum of 12 inches from the
ceiling, but no detector shall be mounted within 12 inches of any corner formed by the
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meeting of walls, ceilings or beams unless manufacturer's listing specifies otherwise.
When activated, the detector shall provide an alarm in the dwelling unit.
3. When one or more sleeping rooms are added to or created within a
structure, smoke detectors shall be installed in compliance with the manufacturer's listing
and shall receive their primary power from the building wiring in compliance with the
applicable adopted state construction code.
4. All habitable rooms having a ceiling height of less than 7 feet 6 inches
shall have installed a 120 volt electrical powered smoke detector.
F. Fire Resistive Separations: Walls or ceilings separating dwelling units from each
other and from hazardous uses shall be maintained in their original condition with all
penetrations sealed or covered with an approved material. These separations include walls and
ceilings separating a garage from a dwelling unit or common area and walls and ceilings
separating furnace rooms in structures containing 3 or more dwelling units. When 50% or more
of a wall or ceiling is removed for any reason, the entire wall or ceiling shall be reconstructed to
meet the requirements of the applicable adopted state construction code for one hour occupancy
separation.
18.50.210: PLUMBING:
A. Minimum Requirements:
1. Unless provided otherwise in this chapter, plumbing, piping and fixtures
shall be in accordance with the code in effect at the time of installation.
2. Plumbing, piping and fixtures shall have no leaks and shall be maintained
in good condition. All waste lines shall be connected to an approved sewer system.
3. The minimum plumbing fixtures required for dwelling units are a
bathroom sink, toilet, tub or shower, and kitchen sink.
4. Cold running water shall be plumbed to each toilet. Hot water shall be
supplied to plumbing fixtures and plumbing appliances intended for bathing, washing or
culinary purposes.
5. A space without obstruction from floor to ceiling of not less than 12
inches shall be in front of all toilets. Toilets shall be located in a space without
obstruction from floor to ceiling of not less than 22 inches in width. No encroachments of
these dimensions are permitted.
6. Where vents do not exist for plumbing fixtures meeting the applicable
codes in effect at the time of their installation, vents need not be installed when the
plumbing fixture or trap and trap arm is replaced providing the sewer line is not altered.
B. Water Heaters: Water heaters shall comply with the construction codes adopted in
Section 18.04.040 or the construction code in effect at the time of installation.
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C. Cross Connections: In order to protect against contamination of the water supply
through cross connections, all water inlets for plumbing fixtures shall be located above the flood
level rim of the fixture. Hoses or handheld shower heads shall not be attached in any manner that
would permit water contamination during reverse pressure. Water supply pipes provided with an
approved backflow preventer or antisiphon device shall be permitted. Handheld shower heads
shall be permitted when provided with a permanently mounted holder attached to the wall or
shower pipe, or when an antisiphon device is installed. Water faucet outlets below the overflow
rim of the fixture shall be permitted until the faucet is replaced. A new fixture shall not be
installed where it would create a cross connection.
D. Drains:
1. Drain traps shall meet standards of the applicable adopted state
construction code. Existing traps shall be allowed as originally designed. If the trap has
been modified it shall be replaced with an approved trap, and a vent shall be added as
required by the applicable adopted state construction code.
2. All open entrapped sewer lines and outlets shall be capped with an
approved cap.
E. Fixture Requirements: Every kitchen sink, tub, shower and toilet shall be
provided with the minimum water pressure and quantities required by the codes adopted
pursuant to Section 18.04.040.
F. Bathrooms in Rental Dwelling Units: Each rental dwelling unit shall have a
bathroom within the dwelling unit. Every toilet and bathtub or shower required by this code shall
be in a room which will afford privacy to the occupant.
G. Congregate Housing:
1. The minimum plumbing fixtures required for congregate housing are a
sink, toilet, and tub or shower for each 10 occupants or portion thereof and a kitchen sink.
Bathrooms shall have installed a door with privacy lock.
2. Congregate housing that does not provide private toilets, sinks, bathtubs or
showers shall have on each floor, accessible from a public corridor, at least one toilet, one
sink, and one bathtub with shower or one separate shower for each 10 occupants or
portion thereof. For each additional 10 occupants, or portion thereof, an additional one
toilet, one sink and one bathtub or shower accessible from a public corridor shall be
provided.
18.50.220: MECHANICAL:
A. Mechanical Equipment:
1. Existing Installations: Mechanical systems lawfully in existence at the
time of the adoption of this code may have their use, maintenance or repair continued if
the use, maintenance or repair is in accordance with the original design and location and
no hazard to life, health or property has been created by such mechanical system.
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25.Compliance: All mechanical equipment shall be in accordance with the
code in effect at the time of installation.
26.Maintenance: All mechanical equipment shall be properly maintained and
shall be operated in a safe manner.
B. Heating:
1. Temperature: Heating shall be provided by a permanently installed heating
system capable of heating all habitable rooms and bathrooms to a minimum of 68°, which
shall be measured in the center of the room at a height of 3 feet from the floor.
2. Air Return: A return air duct which serves more than one dwelling unit
shall not be permitted. A duplex or multiple dwelling unit legally constructed before 1970
may have an existing common air return continued if a listed smoke detector fan shutoff
is installed in the return air duct.
3. Fuel Burning Appliances:
a. Except for direct vented appliances, gas furnaces and gas water
heaters shall not be permitted in bedrooms, in bathrooms or in closets accessed
only from a bedroom or a bathroom. Existing furnace rooms with access only
through an existing bedroom may continue to exist when a 120 volt smoke
detector is installed in the bedroom and relayed to a smoke detector installed in
the furnace room. All combustion air is to be supplied from outside air.
b. Gas shutoff valves are required on all gas appliances. Shutoff
valves shall be installed in accordance with the applicable adopted state
construction code.
c. All fireplaces, wood burning stoves, and all other appliances
producing combustible gas byproducts shall be connected to an operating
chimney or approved flue. All flues and vents shall be installed in compliance
with EPA requirements and the requirements of the applicable adopted state
construction code in effect at the time of installation.
d. All fuel burning appliances shall be provided with combustion air
per the requirements of their listing and with the applicable adopted state
construction code in effect at the time of their installation.
e. All fuel burning appliances shall be provided with listed clearances
and maintained in good working condition and in accordance with their listing.
f. All ventilation fans shall be installed according to their listing and
maintained in good working condition.
g. All ducts and vents shall be maintained according to original
installation requirements.
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18.50.230: ELECTRICAL:
A. Safety: All electrical equipment, wiring and appliances shall be properly installed,
maintained and used in a safe manner. Unless provided otherwise in this chapter, all electrical
wiring and equipment shall be in accordance with the electrical code in effect at the time of
installation. All conductors shall be protected by fuses or circuit breakers that are adequately
sized.
B. Electrical Equipment: Electrical equipment shall not exceed the load capacity of
the service and branch circuits shall have adequately sized circuit breakers or fuses.
C. Facilities Required: The following electric facilities must be furnished at a
minimum and must be operable:
1. Service: The minimum main service to any dwelling unit shall be 60
amperes. Existing dwelling units with electrical services less than 60 amps per dwelling
unit which have no special electrical service loads, such as air conditioners, ranges,
heating units and clothes dryers may continue to be operated without upgrading the
service.
2. Branch Circuits: Circuits supplying air conditioners, ranges, cooktops,
stoves and heating appliances shall meet the requirements of the NEC. Branch circuits
shall not be overfused.
3. Receptacles: Every habitable room shall contain at least two electrical
receptacles or one electrical light fixture and one electrical receptacle. Grounding type
receptacles shall only be used when connected to a grounding system. Existing
nongrounding type receptacles may be replaced with grounding type receptacles where
protected by a ground fault circuit interrupter.
D. Upgrading Facilities:
1. Service: When remodeling work is done, the service must be upgraded if
required by the NEC.
2. Circuits: When new circuits, outlets, switches, wiring and service panels
are being installed, the installation shall meet the requirements of the NEC.
3. Receptacles: Wiring, receptacles and switches may be replaced without
upgrading so long as circuits are not overloaded.
E. Lighting:
1. Dwelling Units: Every toilet room, bathroom, laundry room, furnace
room, interior stairway and hall shall contain at least one permanently mounted electric
light fixture.
2. Apartments, SROs and Congregate Housing:
a. Lighting in the common areas shall be as follows: Aisles,
passageways, stairwells, corridors, exitways and recesses related to and within the
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building complex shall be illuminated with a minimum of a 40 watt light bulb or
equivalent for each 200 square feet of floor area; provided, that the spacing
between lights shall not be greater than 30 feet. Structures containing three
dwelling units or less shall not be required to provide exit lighting when no
lighting outlet has been previously provided.
b. Every furnace room shall contain at least one electric lighting
fixture.
c. Open parking lots and carports shall be provided with a minimum
of one foot-candle of light on the parking surface during the hours of darkness.
Lighting devices shall be protected by weather resistant covers and shall not cast
glare on neighboring properties.
A. General:
1. All electrical panels, boxes, outlets and lighting fixtures shall have proper
covers.
2. Flexible cords, as defined in the NEC, shall be used only according to
their listing and shall not be installed as permanent wiring or strung across exitways.
18.50.240: ENERGY CONSERVATION REQUIREMENTS:
A. Upgrading: Existing residential units shall be upgraded whenever any of the
following events occur:
1. Whenever wallboard, plaster or other finish material is removed which
exposes wall cavities of foundations, exterior walls, floors or ceilings, these spaces shall
be insulated to the degree it is practical. Where attic and crawl space areas are insulated,
the space shall be ventilated as per the currently adopted applicable state construction
code.
2. Where insulation increases the accumulation of snow, and the snow load
capacity of the roof structure is exceeded, the roof members shall be upgraded to
withstand the additional loads.
3. When access is available to foundations of existing structures, foundations
shall be insulated to the standard required by the applicable Utah energy code when
remodeling of the structure is initiated.
4. When boarded structures are renovated for reoccupancy, the structure shall
be insulated to the following standards when wall, ceiling, roof or floor cavities are open
or accessible: wall, R-11; ceilings and roofs, R-32; floors, R-7. Thermal resistance "R"
shall have the meaning as defined in the Utah energy code.
5. When new habitable space is created within an existing building envelope,
all such spaces shall be insulated to the current Utah energy code standards.
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27.All replacement windows shall be double pane. Replacement glass for
structures which are on the historic register or are contributory structures located within
one of the city's historic districts may be determined based upon standards adopted by the
city's historic landmark committee. Replacement metal windows shall have a thermal
break. Single pane replacement glass may be installed on windows not designed to accept
double pane glass.
28.All exterior door replacements shall be weather stripped.
29.New mechanical equipment installed shall meet a minimum of 80%
efficiency.
30.Except for the other applicable requirements of this chapter, when a new
addition is made to an existing residential structure, only the addition shall be made to
comply with current Utah energy code standards.
B. Exterior Door and Window Seals:
1. Exterior doors and windows shall be weathertight. If broken, all panes
shall be replaced with glazing in compliance with the applicable adopted state
construction codes.
2. All doors and windows shall be properly caulked and weatherproofed.
SECTION 12. Repealing the text of Salt Lake City Code Chapter 18.52. That Chapter
18.52 of the Salt Lake City Code (Technical Building Specifications: Mechanical Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.52
MECHANICAL REGULATIONS
18.52.010: DEFINITIONS:
For the purpose of this title:
ENERGY USING EQUIPMENT: That which is designed, constructed, erected or altered to
operate by the use of fuel and/or power and shall include any devices and appurtenances or
appliances, materials, ducts, pipes, piping, venting, gas piping, valves, fittings, fans, blowers and
burners necessary to the performance of such functions that shall create comfort heating and/or
cooling or power for work services.
MECHANICAL SYSTEM: Means and shall include, but not be limited to, any heating, comfort
cooling, ventilation and refrigeration systems, or energy using equipment.
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18.52.020: UNIFORM MECHANICAL CODE ADOPTED:
The edition of the uniform mechanical code, as adopted by the Utah uniform building code
commission, is adopted by Salt Lake City as an ordinance, rules and regulations of Salt Lake
City subject to the amendments and exceptions thereto as hereinafter set out, one copy of which
code shall be filed for use and examination by the public in the office of the city recorder.
Hereafter all references in this code to the uniform mechanical code shall mean the said edition
adopted by the Utah uniform building code commission.
18.52.040: MANUAL ON RECOMMENDED GOOD PRACTICES ADOPTED:
"Recommended Good Practices For Gas Piping Appliance Installation, And Venting", Mountain
Fuel Supply Company, revision of June 1980, is adopted by Salt Lake City as an ordinance, rules
and regulations of the city, subject to the amendments and exceptions thereto as hereinafter set
out, three (3) copies of which code have been filed for use and examination by the public in the
office of the city recorder.
18.52.050: MECHANICAL PERMIT FEES:
A. Any person desiring a permit required by this code shall, at the time of filing an
application therefor, pay the fee shown on the Salt Lake City consolidated fee schedule to the
city treasurer before the permit is valid. The basic fee for each permit requiring inspection is
shown on the Salt Lake City consolidated fee schedule. In addition, the fee for each individual
specialty item is shown on the Salt Lake City consolidated fee schedule.
SECTION 13. Repealing the text of Salt Lake City Code Chapter 18.56. That Chapter
18.56 of the Salt Lake City Code (Technical Building Specifications: Plumbing Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.56
PLUMBING REGULATIONS
18.56.010: UNIFORM PLUMBING CODE ADOPTED:
The uniform plumbing code, 1988 edition, published by the International Association Of
Plumbing And Mechanical Officials as a code in book form, three (3) copies of which have been
filed for use and examination by the public in the office of the city recorder, is hereby adopted,
except as such code may be altered or modified by the provisions of the ordinances of Salt Lake
City.
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18.56.020: PLUMBING SYSTEM DEFINED:
"Plumbing system" means all potable water supply and distribution pipes, all plumbing fixtures
and traps, all drainage and vent pipes, and all building drains and appurtenances within the
property lines of the premises except: a) fixed lawn sprinkler systems beyond backflow
prevention devices, and b) building sewers and private wastewater disposal systems three feet
(3') or more beyond the outside walls of buildings. Included also are potable water treating or
using equipment and water heaters.
18.56.030: WATER SUPPLY PORTION OF PLUMBING SYSTEM:
The water supply portion of the plumbing system shall be considered to extend from the meter
box (or the property line in the absence of a meter) to and throughout the building, terminating at
an approved backflow prevention device or devices serving fixed lawn sprinklers. Included also
are fire prevention and firefighting piping and equipment.
18.56.040: PLUMBING PERMIT FEES:
A.Before a permit shall be valid, permit fees shall be paid to the city treasurer. The
basic fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
consolidated fee schedule.
B. Fees for fire extinguishing systems shall be paid to the city treasurer as shown on
the Salt Lake City consolidated fee schedule.
18.56.050: HOT WATER CAPACITY FOR RESIDENTIAL UNITS:
All single-family residences which have central water heating units shall deliver a minimum
capacity of thirty (30) gallons of one hundred forty degree Fahrenheit (140°F) water. Multiple
units shall have a central water heating unit which shall deliver a minimum capacity of thirty
(30) gallons of one hundred forty degree Fahrenheit (140°F) water per residential unit, when a
central water heating unit is installed.
18.56.060: LOW FLUSH TOILETS; REQUIRED FOR BUILDING PERMIT:
After the effective date hereof, no building permits shall be issued for new construction or
remodeling of hotels, motels, apartment houses, dwellings or other structures which have toilets
or water closets which use more than four (4) gallons of water per flush. Any toilets or water
closets installed prior to said effective date shall meet the standards of this section when
replaced. All fixtures installed pursuant to the provisions of this chapter shall be of a design such
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that the walls of the toilet or water closet bowl are thoroughly washed and contents discharged
with each flush.
18.56.070: LOW FLUSH TOILETS; ON WATERSHED PROPERTY:
After January 1, 1982, any toilets installed prior to the effective date hereof which are located on
watersheds in Salt Lake County, or canyons contiguous to these watersheds, shall be replaced
with toilets or water closets which meet the standards for new construction or remodeling
specified in section 2-5-29 of the revised ordinances of Salt Lake County, 1965, or its successor,
as amended.
18.56.080: FLOOR DRAINS; DUAL FLANGE AND SAFE PANS REQUIRED:
All floor drains, area drains and indirect waste receptors installed on any floor level other than
slab on grade shall have a dual flange and safe pans installed, with a minimum of thirty six
inches (36") square of approved material, unless they are part of an original pour of concrete.
18.56.100: SOVENT PLUMBING SYSTEMS:
"Sovent" is an engineered drainage plumbing system that does not meet conventional code
requirements as found in the uniform plumbing code, 1988 edition, as adopted by section
18.56.010 of this chapter, or its successor section. The system is based on the combined
hydraulic/pneumatic flow and performance characteristics of drainage plumbing products, and
will be allowed for use in the city under the following provisions:
A. Certification: The proprietor(s) of the engineered system shall certify that the
plans meet the design requirements and shall also certify at the completion of the installation that
they have inspected the system and that the system complies with the approved plans;
B. Submittal Of Calculations: Submit hydraulic and pneumatic calculations for the
proposed system before a permit is obtained;
C. Offsets: A double offset shall be installed in the stack on floor levels where no
fixture or branch connections are made;
D. Deaerator Fitting: A deaerator fitting shall be located as close as possible to the
base of the stack. No branch or fixture connections are permitted on this system downstream
from the deaerator fitting. A full size bottom pressure relief line shall connect the deaerator
fitting to the building drain at least ten (10) pipe diameters downstream from the base of the
stack through a wye fitting rolled above the centerline. The full size bottom pressure relief line
shall be provided with an accessible upper terminal cleanout;
E. Prohibited Attachments: Pumpout, blowout, garbage disposal, clothes washing
machine, or outlets from grease traps are prohibited in this system;
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A. Cleanouts: Accessible cleanouts shall be provided in all horizontal drains.
Cleanouts shall be provided for each aggregate change of direction exceeding one hundred thirty
five degrees (135°);
B. Conventional Plumbing: Vents from conventional plumbing and pressure
equalizing line vents from a sovent system shall not connect to the sovent stack below other
drainage fittings;
C. Future Alterations: No alteration may be made without prior written permission
from the division of building and housing services, and no provisions for future openings will be
permitted on this system. This system shall be properly identified on each installation site. All
buildings of B-2 occupancies with more than eight thousand (8,000) square feet per floor shall
provide at least one 4-inch waste stack and one 4-inch vent stack for any alteration or additions.
18.56.105: MISCELLANEOUS PLUMBING REQUIREMENTS:
A. Overflow roof drains shall not be connected to the primary roof drain lines.
B. Overflow roof drains shall drain to a point where they can be easily seen for early
problem detection.
C. Fill valves for fire sprinkler storage tanks shall be equipped with an approved air
gap on reduced pressure backflow preventer.
D. Safe pan drains shall be no smaller than one and one-half inches (11/2") unless
first approved by the administrative authority.
E. Trough drains are prohibited unless first approved by the administrative authority.
F. Drainage for gravity dump washers shall be by direct hookup to the building drain
or to a sealed sump connected to the building drain. There shall be a floor drain immediately
downstream of each gravity dump washer hookup.
18.56.110: UNSANITARY CONSTRUCTION AND CONDITIONS:
Any portion of a plumbing system or any construction or work regulated by this title found or
determined to be unsanitary, as defined in this title, or otherwise a menace to life, health or
property, is hereby declared to be a public nuisance.
SECTION 14. Amending the text of Salt Lake City Code Chapter 18.64. That Chapter
18.64 of the Salt Lake City Code (Additional Regulations: Demolition) shall be, and hereby is
amended as follows:
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CHAPTER 18.64
DEMOLITION
18.64.005: PURPOSE AND INTENT:
A. The purpose of the provisions in this chapter is to:
1. Promote the public welfare by maintaining the integrity and continuity of
the urban fabric and economic vitality;
2. Provide an orderly and predictable process for demolition of buildings and
structures when appropriate;
3. Ensure demolition occurs safely;
4. Protect utilities and other infrastructure from damage during demolition;
5. Provide for enforcement of timely completion of demolition and for
improvement of property following demolition to ensure the site is not detrimental to the
use and enjoyment of surrounding property;
6. Provide for enforcement and maintenance of property to avoid purposeful
demolition by neglect; and
7. Encourage preservation of the city's housing stock where appropriate.
B. A primary intent of the city council with respect to this chapter is to promote
responsible re-use of existing housing stock where practical and provide an orderly process for
demolition where it is not practical or cost efficient to rebuild/reuse. Accordingly, the council
finds that it is in the public interest to require existing buildings to be maintained in a manner
that does not constitute a public nuisance until replaced by new construction, except as otherwise
permitted by this code.
18.64.010: PERMIT REQUIRED:
It is unlawful to demolish any building or structure in the city, or cause the same to be
demolished, without first obtaining a permit for demolition of each such building or structure
from the city building official as provided in this chapter.
18.64.020: APPLICATION FOR PERMIT:
To obtain a permit for demolition, an applicant shall submit an application in writing on a form
furnished by the building official for that purpose. Each application shall:
A. Identify and describe the type of work to be performed under the permit;
B. State the address of the structure or building to be demolished;
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C. Describe the building or structure to be demolished including the type of use, type
of building construction, size and square footage, number of stories, and number of residential
dwelling units (if any);
D. Indicate the method and location of demolished material disposal;
E. Identify the approximate date of commencement and completion of demolition;
F. Indicate if fences, barricades, scaffolds or other protections are required by any
city code for the demolition and, if so, their proposed location and compliance;
G. State whether fill material will be required to restore the site to level grade after
demolition and, if required, the approximate amount of fill material;
H. If the building or structure to be demolished contains any dwelling units, state
whether any of the dwelling units are presently occupied; and
I. State the proposed use of the premises following demolition. If new construction
is proposed following demolition, state the anticipated start date and whether any development
applications have been submitted to and/or approved by the city.
J. Affirm that the property will comply with the landscaping requirements for the
zoning district that the property is located in as required under the provisions of Chapter 21A.48.
18.64.030: FEES AND SIGNATURE:
A. The permit application shall be signed by the party or the party's authorized agent
requesting the permit. A signature on the permit application constitutes a certification by the
signee that the information contained in the application is true and correct.
B. The fee for a demolition permit application shall be as shown on the Salt Lake
City consolidated fee schedule.
C. An additional fee for the cost of inspecting the property to determine compliance
with the requirements of this chapter and to assure the property is kept free of weeds and junk
materials shall be collected in the amount shown on the Salt Lake City consolidated fee schedule.
18.64.040: ISSUANCE OF DEMOLITION PERMIT:
A. A demolition permit may be issued only upon completion of an application in
accordance with Section 18.64.020 herein; or the building official or fire marshal orders
immediate demolition:
1. Due to an emergency as provided in Chapter 18.64; or
2. Because the premises have been damaged beyond repair because of a
natural disaster, fire, or other similar event; or
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31.The building official or fire marshal authorizes immediate demolition
because clearing of land is necessary to remove a nuisance as defined in this code or
Section 76-10-801 et seq., Utah Code or its successor.
B. If proposed demolition involves a landmark site, a contributing structure, or a
structure located in the H Historic Preservation Overlay District, as provided in Section
21A.34.020 of this code, or its successor, a demolition permit shall be issued only upon
compliance with applicable provisions of that section or its successor.
18.64.045: DEMOLITION BY NEGLECT:
The owner of a boarded building shall maintain the exterior of the building as provided in
Sections 18.48.235 and 18.50.140.
18.64.050: RESIDENTIAL DEMOLITION NOTICE
A. If the structure for which a demolition permit is sought contains one or more
dwelling units, whether or not occupied, upon issuance of a demolition permit, the building
official shall cause to be recorded against title to such real property in the official records of Salt
Lake County a notice that contains the following information:
1. Information about the demolished property as required by the city,
including the number of dwelling units and respective number of bedrooms, and the amount of
rent charged in the year prior to the demolition, and the level of affordability if the rent is a
below market rate.
2. Notice that the future development of the property may have specific
development requirements under the City code, including without limitation the city’s
community benefit policies in chapters 19 and 21A.50.050.
18.64.070: PREDEMOLITION SALVAGE PERMITS:
A. A predemolition salvage permit shall be required for removal of doors, windows,
special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks,
marble, or similar materials on the exterior or interior of any building prior to demolition of the
structure. A predemolition salvage permit may be issued only contemporaneously with, or after,
city approval of:
1. A building permit for new construction on the premises following
demolition, or
2. A demolition permit.
B. A predemolition salvage permit fee shall be as shown on the Salt Lake City
consolidated fee schedule.
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18.64.080: EXPIRATION; DILIGENCE:
A demolition permit shall expire 45 calendar days from the date of issuance, unless a completion
date allowing more time is requested and approved by the building official at the time of
application. A demolition permit may be renewed upon request prior to expiration with approval
of the building official for 1/2 of the original permit fee, provided continuous progress is being
made. If a permit is allowed to expire without prior renewal, any subsequent request for
reinstatement shall be accompanied by a reinstatement fee equal to the original demolition
permit fee.
18.64.090: QUALIFICATIONS TO DO WORK:
A. It shall be unlawful for demolition work permitted under this chapter to be
performed except by a contractor having a general contractor or demolition license in good
standing issued by the Division of Occupational and Professional Licensing in the Utah
Department of Commerce.
B. Salvage work under a predemolition salvage permit may be done without a
contractor's license provided all other applicable conditions of this chapter are met.
18.64.100: DEMOLITION REQUIREMENTS:
A. Prior to the commencement of any demolition or moving, the permittee shall plug
all sewer laterals at or near sidewalk lines as staked out by the department of public utilities. No
excavation shall be covered until such plugging is approved by the department or by the building
official. The permittee shall further ensure all utility services to the structure and/or premises
have been shut off and meters removed prior to commencement of demolition work.
B. When the applicant indicates the demolition will require more than 30 days to
complete, and where required by the building official for the safety of the public, the applicant
shall also provide plans to fence the demolition site so that it is inaccessible to unauthorized
persons in a manner acceptable to the building official. The building official may waive the
fencing requirement if it is determined that fencing would be inappropriate or unnecessary to
protect safety or health.
C. A permit for demolition shall require that all materials comprising part of the
existing structure(s), including the foundation and footings, be removed from the site. Unless
otherwise approved under a building permit for redevelopment of the site, the depression caused
by the removal of such debris shall be filled back and compacted to the original grade, as
approved by the building official, with fill material excluding detrimental amounts of organic
material or large dimension nonorganic material.
D. Permitted demolition work, including filling and leveling back to grade and
removal of required pedestrian walkways and fences, shall be completed within the permit period
unless the building official finds that any part of the foundation of building or site will form an
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integral part of a new structure to be erected on the same site for which plans have already been
approved by the division. In such event, the building official may approve plans for appropriate
adjustments to the completion time and may impose reasonable conditions including the posting
of a bond, erection of fences, securing, or similar preventions to ensure the site does not create a
hazard after the demolition is completed.
18.64.110: RELATIONSHIP TO OTHER ORDINANCE:
Provisions of this chapter shall be subordinate to any contrary specific provisions of Title 21A,
Chapter 21A.34 of this code, dealing with demolition in historic districts, or its successor.
18.64.120: VIOLATIONS:
A. It is unlawful for the owner of a building or structure to violate the provisions of
this chapter. Each day a violation occurs shall be a separate offense.
B. Violation of the provisions of this chapter shall be punishable in accordance with
Chapter 18.24.
ARTICLE II. EMERGENCY DEMOLITION
18.64.130: PURPOSE:
Notwithstanding the other provisions of this chapter, the process for demolishing buildings in an
emergency situation shall be as provided by this article.
18.64.140: EMERGENCY DEMOLITIONS APPLICABILITY:
A. If the building official determines that the walls or roof of a building or structure
are collapsing, either in whole or in part, or in imminent danger of collapsing in such a way as to
fall on other structures, property, or public rights of way, are a public nuisance, create a danger
to persons who may enter the property, or create a danger of fire, the building official may issue
an order that the building should be demolished pursuant to this article. A notice and order
reflecting this determination shall be issued and delivered in accordance with Section 18.24.040.
B. If the city’s fire marshal determines that a building or structure that has been
affected by fire presents an impermissible danger to persons who may enter the property, then
the fire marshal may issue an order that the building should be demolished pursuant to this
article. A notice and order reflecting this determination shall be issued and delivered in
accordance with Section 18.24.040.
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C. If the building official or fire marshal declares an emergency demolition the
requirements of Section 21A.34.020.F, or its successor, shall not apply.
18.64.150: RESERVED
18.64.160: BILL FOR COSTS; COLLECTION:
A. Permitted Recovery of Costs: If the building official or designee causes the
emergency demolition of a building pursuant to a notice issued under Section 18.64.140, after
the property owner received at least 10 days’ notice in which to complete demolition and failed
to do so, the division may collect the city’s abatement costs which shall include the cost of the
demolition contractor, costs of any environmental testing or environmental controls over
demolition materials, and a reasonable amount to pay the costs of city personnel involved in the
demolition, by filing a property tax lien, as set forth in this section.
B. Itemized Statement of Costs: Upon completion of the demolition work, the
building official or designee shall prepare an itemized statement of costs and mail it to the
property owner by certified mail or using any reputable mail tracking service that is capable of
confirming delivery, demanding payment within 30 days of the date the statement is post
marked.
C. Form of Itemized Statement of Costs: The itemized statement of costs shall
include:
1. The address of the property at issue;
2. An itemized list of all expenses incurred by the division, including
administrative costs;
3. A demand for payment;
4. The address where payment is to be made;
5. Notification that failure to timely pay the expenses described in the
itemized statement may result in a lien on the property in accordance with this chapter
and Utah Code Section 10-11-4 or its successor;
6. Notification that the property owner may file a written objection to all or
part of the statement within 20 days of the date the statement is postmarked; and
7. Where the property owner may file the objection, including the name of
the office and the mailing address.
D. Delivery of Statement of Costs: The itemized statement of costs described in
Subsection C shall be deemed delivered when mailed by certified mail or by any reputable mail
tracking service that is capable of confirming delivery addressed to the last known address of the
property owner, according to the records of the county recorder.
E. Objection to Statement of Costs: A property owner may appeal the statement of
costs to the fines hearing officer pursuant to Section 18.12.050.
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F. Failure to Object or Pay: If the property owner fails to make payment of the
amount set forth in the itemized statement within 30 days of the date of the mailing of that
statement, or to file a timely objection, then the division may certify the past due costs and
expenses to the Salt Lake County Treasurer.
G. Failure to Pay After Objection Hearing: If the property owner files a timely
objection but fails to make payment of any amount ordered by the fines hearing officer, the
inspector may certify the past due costs and expense to the Salt Lake County Treasurer.
H. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
the district court, is a lien on the property, and shall be collected by the Salt Lake County
Treasurer at the time of the payment of general taxes.
I. Release of Lien: Upon payment of the amount set forth in the itemized statement
of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
general tax receipt issued by the county.
SECTION 15. Amending the text of Salt Lake City Code Section 18.68.160. That Section
18.68.160 of the Salt Lake City Code (Additional Regulations: Floodplain Hazard Protection:
Mandatory and Prohibitionary Nature of Chapter) shall be, and hereby is amended as follows:
18.68.160: MANDATORY AND PROHIBITIONARY NATURE OF CHAPTER:
It is unlawful for any person, firm or corporation to perform any act prohibited by this chapter or
to fail to perform any act or comply with any requirement of this chapter or to aid or abet therein,
or to fail or refuse to comply with any valid order called by the specified officials responsible to
administer the provisions of this chapter. No permits shall be issued to any applicant during the
time he/she shall fail to correct defective work or noncomplying work or violation exists after
written notice by the official responsible for the permit or their designee.
SECTION 15. Amending the text of Salt Lake City Code Chapter 18.76. That Chapter
18.76 of the Salt Lake City Code (Additional Regulations: Mobile Home Parks) shall be, and
hereby is amended as follows:
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CHAPTER 18.76
MOBILE HOME PARKS
18.76.010: DEFINITIONS:
For the purposes of this chapter, the following definitions shall apply:
CABANA: A room enclosure erected or constructed adjacent to a mobile home for residential
use by the occupant of the mobile home.
DEPENDENT RECREATIONAL VEHICLE: A unit other than a self- contained unit.
HOOKUP: The arrangement and connection of parts, circuits and materials employed in the
connections required between the mobile home or recreational vehicle utility outlets and inlets
and the park service connections that make the mobile home or recreational vehicle operational.
MOBILE HOME: A factory assembled structure or structures equipped with the necessary
service connections and constructed to be readily mobile as a unit or units on its own running
gear, and designed to be used as a dwelling unit without a permanent foundation.
MOBILE HOME PARK: A contiguous parcel of land which, after having the approval of the
city planning commission, is used for the accommodation of occupied mobile homes.
MOBILE HOME SPACE OR LOT: A designated portion of a mobile home park designed for
the accommodation of one mobile home and its accessory buildings or structures for the
exclusive use of the occupants.
MOBILE HOME STAND OR PAD: That part of the mobile home space which has been
prepared and reserved for the placement of one mobile home.
MOTOR HOME: A self-propelled vehicular unit primarily designed as a temporary dwelling for
travel, recreational and vacation use.
PARK DRAINAGE SYSTEM: The entire system of drainage piping used to convey sewage and
other wastes from the mobile home or recreational vehicle drainage outlet connection, at the
mobile home or recreational vehicle site, to the property line connection with the sewer lateral
from the main line sewer.
PARK PLUMBING SYSTEM: Means and includes, but is not limited to, the park drainage and
water supply systems within the park property lines.
PARK WATER SUPPLY SYSTEM: All of the water supply piping within the park, and shall
extend from the water meter to the mobile home or recreational vehicle water supply system, and
shall include main and branch service lines, fixtures, devices, piping in service buildings, and
appurtenances thereto.
RAMADA: Any freestanding roof or shade structure installed or erected above an occupied
mobile home or any portion thereof.
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RECREATIONAL VEHICLE: A vehicular unit, other than a mobile home, primarily designed
as a temporary dwelling for travel, recreational and vacational use, which is either self-propelled
or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a
camp trailer, a truck camper, or a motor home.
RECREATIONAL VEHICLE PARK: A site, lot, tract or parcel of land upon which one or more
recreational vehicles are parked for temporary use as living quarters.
RECREATIONAL VEHICLE SPACE: A plot of ground within a recreational vehicle park to
accommodate one recreational vehicle.
RECREATIONAL VEHICLE STAND OR PAD: That part of the recreational vehicle space
which has been prepared and reserved for the placement of one recreational vehicle.
SELF-CONTAINED RECREATIONAL VEHICLE: A unit which:
A. Can operate independent of connections to external sewer, water and electrical
systems; and
B. Has a toilet and holding tank for liquid waste; and
C. Contains water storage facilities and may contain a lavatory, kitchen sink and/or
bath facilities connected to the holding tank; provided, however, that all facilities shall be in
sound operating condition, and further provided that it may be connected to external electric,
water and sewer systems.
SERVICE BUILDING: A building housing separate toilet and bathing facilities for men and
women and which may also have laundry facilities, flushing rim sink, and other facilities as may
be required by this title, and which shall be apart from the facilities within the mobile home or
recreational vehicle.
SEWER CONNECTION: All pipes, fittings and appurtenances installed to carry sewage from
the mobile home or recreational vehicle drain outlet to the inlet provided in the park drainage
system.
SEWER RISER PIPE: That portion of the park sewer lateral which extends vertically to the
ground elevation and terminates at each mobile or recreational vehicle space.
TRAVEL TRAILER: A vehicular, portable unit, mounted on wheels, not requiring a special
highway movement permit when drawn by a motorized vehicle, and:
A. Designed as a temporary dwelling for travel, recreational and vacation use; and
B. When factory equipped for the road, having a body width of not more than 8 feet
and a body length of not more than 32 feet.
WATER CONNECTION: All pipes, fittings and appurtenances from the water riser pipe
connection to the water inlet connection of the mobile home or recreational vehicle.
WATER RISER PIPE: That portion of the park water supply system which extends vertically to
the ground elevation and terminates at a designated point at each mobile home or recreational
vehicle space.
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18.76.020: RESERVED
18.76.030: PERMITS, LICENSE AND COMPLIANCE REQUIRED:
It is unlawful for any person to construct, maintain or operate a mobile home or recreational
vehicle park within the limits of the city unless such person complies with this title and all other
pertinent provisions of this code, and first obtains approval, permits and licenses as required.
18.76.040: RESERVED
18.76.050: CONSTRUCTION PERMITS REQUIRED; FEES:
Mobile home park construction permits required by the division shall be issued to properly
licensed contractors as follows:
A. A general building permit fee shown on the Salt Lake City consolidated fee
schedule, to be issued for pads, patio slabs, metal sheds (sheds to be installed by mobile home
occupant), curb, gutter, drives, piers, sidewalks, fence or wall, per mobile home space;
B. Electric meter stands or pedestals at the rate shown on the Salt Lake City
consolidated fee schedule;
C. The park plumbing system, including sewer and water risers, shall require the fee
shown on the Salt Lake City consolidated fee schedule, for each space;
D. All permanent buildings, swimming pools, etc., shall have permit fees assessed at
the regular and normal fee schedule;
E. Fire hydrants within the property lines shall require a permit fee shown on the Salt
Lake City consolidated fee schedule, for each hydrant.
18.76.060: RESERVED
18.76.070: RESERVED
18.76.080: LOT MARKERS:
The limits of each mobile home lot in a mobile home park shall be clearly marked on the ground
by permanent flush stakes, markers, or other suitable means.
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18.76.090: RESERVED
18.76.100: ADDITIONS AND REMODELING OF PARKS:
Existing mobile home and recreational vehicle parks may be enlarged or remodeled provided the
addition or remodel conforms to all the provisions of this title.
18.76.110: RESERVED
18.76.120: RESERVED
18.76.130: RESERVED
18.76.140: RESERVED
18.76.150: UNDERGROUNDING OF UTILITIES:
The complete distribution system or collection system of any utility shall be underground.
18.76.160: SEWER CONNECTIONS AND FEES:
All applicable fees set forth in the Salt Lake City consolidated fee schedule shall be paid prior to
occupancy of any mobile home, including those fees due to the engineering department for sewer
lateral connection from the property line to the sewer main line in the street.
18.76.170: STREET SURFACING REQUIREMENTS:
All streets shall be provided with a smooth, hard and dense surface which shall be durable and
well drained under normal use and weather conditions. The surface shall be maintained free of
cracks and holes, and its edges shall be protected by suitable means to prevent traveling and
shifting of the base.
18.76.180: STREETLIGHTS:
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Lighting shall be designed to produce a minimum of 0.1 foot- candle throughout the street
system. Potentially hazardous locations, such as major street intersections and steps or stepped
ramps, shall be individually illuminated with a minimum of 0.3 foot-candle.
18.76.190: LANDSCAPING:
Portions of a mobile home lot or recreational vehicle space not occupied by a mobile home or
recreational vehicle or accessory buildings or structures shall be landscaped or treated in such a
manner as to eliminate dust, weeds, debris and accumulation of rubbish.
18.76.200: UNLAWFUL AND HAZARDOUS USES:
No person shall use, permit, or cause to be used for occupancy or storage purposes in a mobile
home park a mobile home which is structurally unsound, which constitutes a hazard, or which
does not protect its occupants against the elements. All mobile homes are subject to Chapter
18.50.
18.76.210: VIOLATION; NOTICE TO DISCONTINUE:
Whenever any mobile home is being used contrary to the provisions of this chapter, the division
may pursue such enforcement methods as permitted by this title.
18.76.220: ENFORCEMENT OF PROVISIONS:
The division is hereby designated and authorized as the officers charged with the enforcement of
this chapter.
SECTION 16. Amending the text of Salt Lake City Code Chapter 18.80. That Chapter
18.80 of the Salt Lake City Code (Additional Regulations: Parking Lot Construction) shall be,
and hereby is repealed in its entirety as follows:
CHAPTER 18.80
PARKING LOT CONSTRUCTION
18.80.010: PARKING LOT DEFINED:
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"Parking lot" means an open area other than a street used for the parking of more than four (4)
automobiles, and available for public use, whether free, for compensation, or as an
accommodation for clients or customers.
18.80.020: PERMIT; REQUIRED FOR CONSTRUCTION; ISSUANCE CONDITIONS:
No parking lot or parking area shall be constructed without first obtaining a permit authorizing
such construction. No permit shall be issued without first securing the recommendations of the
city transportation engineer and no permit shall be issued until the applicant has complied with
the provisions of this chapter.
18.80.030: WALLS, SCREENING AND BUMPER CURB REQUIREMENTS:
The parking lot shall be provided with attractive walls, guardrails or screening shrubbery, at least
along the street side, to limit points of ingress and egress, to prevent encroachment of parked
vehicles on any sidewalk, and to improve the general appearance and, where necessary, with a
bumper curb parallel with the inside of the wall or guardrail at such distance that the wheels of
the motor vehicles in the parking lot are stopped prior to the motor vehicle's contact with the wall
or guardrail.
18.80.040: DRIVEWAY RESTRICTIONS:
Driveways must not exceed thirty feet (30') in width where they cross the sidewalk; adjacent
driveways must be separated by an island at least twelve feet (12') in width; and driveways must
be at least ten feet (10') from the property line of any intersecting street.
18.80.050: BUILDINGS FOR ATTENDANTS:
Attendant buildings must be located far enough from the entrance to prevent congestion at the
sidewalk, and must be constructed so as not to detract from the appearance of the surrounding
neighborhood. Every operator of a parking lot, before constructing or reconstructing, or locating
or relocating an attendant building, shall secure the approval of the city transportation engineer
and the city planning director.
18.80.060: SURFACING OF PARKING AREA:
Ground surfaces of the parking area shall be paved or hard surfaced.
18.80.070: LIGHTING FACILITIES; REQUIRED WHEN:
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Parking lots which are operated and open to use during the hours of darkness after one hour after
sunset shall be provided with lights and lighting facilities that will provide 0.03 watt per square
foot with incandescent light source, or 0.01 watt per square foot with either mercury vapor or
fluorescent light source, but in no event less than 0.2 foot-candle average maintained
illumination on the entire parking lot surface and an average ratio of six to one (6:1).
18.80.080: LIGHTING FACILITIES; PERMIT AND PLAN REQUIRED:
Before installing the lighting facilities required by section 18.80.070 of this chapter, or its
successor, and before altering or adding to any lighting facilities presently existing, the operator
of a parking lot shall first make application to the building official for a permit, and shall submit
with such application a detailed plan for such facilities. If it shall be found that the installation
will conform to the requirements of this chapter and the electrical code, a permit shall be issued
upon payment of the fee required by the electrical code covering work in commercial and
industrial property.
18.80.090: CAR CAPACITY AND MANEUVERING:
The maximum car capacity indicated on the application shall be reasonable, and the arrangement
of parking facilities shall not necessitate the backing of cars onto adjoining public sidewalks,
parkways, roadways or thoroughfares in conducting parking and unparking operations.
18.80.100: CLEANUP OF WASTE AND LITTER:
Every operator of a "parking lot", as defined in this chapter, whether such operator is owner,
lessee, representative or agent, shall keep such parking lot in a clean condition at all times, free
from all kinds of refuse and waste material. It shall be sufficient compliance with this section to
clear the parking lot from refuse and waste material once each day.
18.80.110: ENFORCEMENT OF PROVISIONS:
It shall be the duty of the building official to enforce the provisions of this chapter with respect to
lighting facilities. It shall be the duty of the board of health to enforce the provisions of this
chapter as to keeping the premises in a clean condition.
18.80.120: FAILURE TO COMPLY WITH CHAPTER PROVISIONS:
It is unlawful for any operator of a "parking lot", as defined in this chapter, whether such person
is owner, lessee, representative or agent, to fail to comply with, or to violate any provision of this
chapter.
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SECTION 17. Repealing the text of Salt Lake City Code Chapter 18.92. That Chapter
18.92 of the Salt Lake City Code (Additional Regulations: Building Conservation Code) shall be,
and hereby is repealed in its entirety as follows:
CHAPTER 18.92
BUILDING CONSERVATION CODE
18.92.010: UNIFORM CODE FOR BUILDING CONSERVATION ADOPTED BY
REFERENCE:
The uniform code for building conservation, 1988 edition, is adopted by the city as the
ordinances, rules and regulations of the city, subject to the amendments and exceptions thereto as
hereinafter set out. Three (3) copies of the code shall be filed for use and examination by the
public in the office of the city recorder.
18.92.020: EXCEPTION TO SECTION 402(d) AMENDED:
The exception to section 402(d) of the code is amended to read as follows:
Exception: Existing corridor walls, ceilings and opening protection not in compliance with the
above may be continued when the corridors and common areas are protected with an approved
automatic sprinkler system. Such sprinkler system may be supplied from the domestic water
supply system, provided the system is of adequate pressure, capacity and sizing for the combined
domestic and sprinkler requirements. When the building or floor changes occupancy, the entire
floor or building must be protected with an approved automatic sprinkler system throughout.
18.92.030: SECTION 403 AMENDED:
Section 403 of the code is amended by deleting the following sentence:
Roofs, floors, walls, foundations and all structural components of buildings or structures shall be
capable of resisting the forces and loads specified in chapter 23 of the building code.
18.92.040: EXCEPTION ADDED TO SECTION 606(1):
An exception to section 606(1) is enacted to read as follows:
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Exception: Existing nonconforming materials do not need to be surfaced with an approved fire
retardant paint or finish when an automatic fire extinguishing system is installed throughout and
the nonconforming materials can be substantiated as historic in character.
SECTION 18. Repealing the text of Salt Lake City Code Chapter 18.94. That Chapter
18.94 of the Salt Lake City Code (Additional Regulations: Commercial Building Benchmarking
and Market Transparency) shall be, and hereby is repealed in its entirety as follows:
CHAPTER 18.94
COMMERCIAL BUILDING BENCHMARKING AND MARKET TRANSPARENCY
18.94.10 : PURPOSE:
The purpose of this chapter is to promote long-term economic development in Salt Lake City
through the enhanced energy efficiency of existing commercial buildings, and to reduce local air
pollution and greenhouse gas emissions resulting from energy consumption in such buildings
through increased energy efficiency, by requiring certain non-residential buildings to benchmark
and report energy consumption and investigate opportunities to implement cost-effective
building energy tune- ups. Promoting and recognizing efficient buildings will contribute to a
cleaner environment and a more efficient use of energy resources.
18.94.020: SCOPE:
The provisions of this chapter apply to buildings and building owners as follows:
A.All buildings owned by the City, that are not used for residential purposes,
wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
21A.62.040 of this Code, with three thousand (3,000) square feet or more of gross floor area;
provided, however, no building with less than twenty two thousand (22,000) square feet of gross
floor area shall be subject to the provisions of section 18.94.080 of this chapter.
B.All other governed buildings or campuses of buildings that are not used for
residential purposes within Salt Lake City's geographic boundaries, where at least one of the
buildings is comprised of at least twenty five thousand (25,000) square feet of gross floor area.
To the extent a governed building contains elements or uses that are not included within the
definition of a governed building under this chapter, the square footage of gross floor area of
such elements or uses shall be excluded from the square footage of gross floor area of such
building and shall not be considered a part of the governed building for purposes of this chapter.
C. Exemptions:
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32.Governed buildings that are new construction and the Certificate of
Occupation was issued less than two (2) years prior to the applicable deadlines; or
33.Governed buildings that do not have a Certificate of Occupation or
temporary Certificate of Occupation for all twelve (12) months of the calendar year being
benchmarked; or
34. Governed buildings where a full demolition permit has been issued for
the prior calendar year, provided that demolition work has commenced, some energy-
related systems have been compromised, and legal occupancy is no longer possible at
some point during the calendar year being benchmarked; or
35.Governed buildings, including individual buildings or structures, that do
not receive utility services; or
36.Any of the following: a property or building that is not assessed ad
valorem real property taxes by Salt Lake County, houses of worship, apartments,
agricultural storage facilities and greenhouses, buildings used for heavy manufacturing
purposes as defined in section 21A.62.040 of this Code, oil and gas production facilities,
buildings that contain movie/television/radio production studios, soundstages, broadcast
antennae, data center, or trading floor that together exceed ten percent (10%) of gross
floor area.
D. Governed buildings do not include properties owned by State or Federal
government.
18.94.030: DEFINITIONS:
BASE BUILDING SYSTEMS: A building assembly made up of various components that serve
a specific function and that are controlled and operated by the owner or designee, including:
A. The building envelope;
B. The HVAC (heating ventilating and air conditioning) systems;
C. Conveying systems;
D. Electrical and lighting systems;
E. Domestic hot water systems.
BENCHMARK: To track and report the total energy consumed for a governed building for the
previous calendar year and other descriptive information for such building as captured by the
benchmarking tool. Total energy consumption may not include separately metered uses that are
not integral to building operations, such as broadcast antennas and electric vehicle charging
stations.
BENCHMARKING SUBMISSION: A subset of:
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A. Information input into the benchmarking tool; and
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B. Benchmarking information generated by the benchmarking tool.
BENCHMARKING TOOL: The Energy Star portfolio manager or any replacement tool adopted
by the U.S. Environmental Protection Agency, and any substantially similar tool approved by the
Director.
BUILDING ID NUMBER: The identification number that is unique to a governed building.
BUILDING MANAGEMENT SYSTEM: A computer-based system that monitors and controls a
building's mechanical and electrical equipment, such as HVAC, lighting, power, fire, and
security systems, including an energy management system, incorporating interior temperature
sensors and a central processing unit and controls, which are used to monitor and control gas,
steam and oil usage, as applicable.
CAMPUS: A collection of two (2) or more buildings where at least one of the buildings has at
least twenty five thousand (25,000) square feet of gross floor area or more and that act as a single
cohesive property with a single shared primary function, and are generally owned and operated
by the same party.
CITY PROPERTY: All buildings owned by the City, that are not used for residential purposes,
wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
21A.62.040 of this Code.
DEPARTMENT: The Salt Lake City Department of Sustainability.
DIRECTOR: The Director of the Salt Lake City Department of Sustainability.
ENERGY STAR PORTFOLIO MANAGER: The tool developed and maintained by the U.S.
Environmental Protection Agency to track and assess the relative energy performance of
buildings nationwide.
ENERGY STAR SCORE: The 1 - 100 numeric rating generated by the Energy Star portfolio
manager tool.
FINANCIAL HARDSHIP: A property that:
A. Had arrears of property taxes or water or wastewater charges that resulted in the
property's inclusion, within the prior two (2) years, on the City's annual tax lien sale list; or
B. Has a court appointed receiver in control of the property due to financial distress;
or
C. Is owned by a financial institution through default by the borrower; or
D. Has been acquired by a deed in lieu of foreclosure; or
E. Has a senior mortgage subject to a notice of default.
GOVERNED BUILDING: All stand-alone and enclosed buildings used or occupied for a
commercial use, including:
A. Banking/financial services;
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B. Stand-alone data centers;
C. Education (including K - 12, daycare, pre- school, vocational school);
D. Entertainment/public assembly (including convention centers, gyms, movie
theaters, performing arts, meeting halls, recreation centers);
E. Food sales and services (including restaurants, supermarkets, grocery stores,
convenience stores);
F. Healthcare (including hospitals, medical offices, senior care communities,
assisted living and nursing care);
G. Lodging (including hotels, motels);
H. Mixed use;
I. Offices;
J. Retail (including retail goods establishments, retail service establishments,
department stores, mass merchandising stores, specialty stores, enclosed retail malls and
shopping centers);
K. Technology/science (including data centers and research facilities);
L. Warehouses, distribution, and package delivery facilities.
GROSS FLOOR AREA: All gross floor area, which is the area included within the exterior walls
of a building or portion thereof, including mezzanines, enclosed interior balconies, enclosed
porches, basement floor area, penthouses, attic space having headroom of seven feet (7') or more,
and interior connected floor area devoted to accessory uses. Gross floor area does not include
balconies, patios, crawl spaces, courts, convertible indoor/outdoor space, parking or loading
areas, and covered walkways.
HEAVY MANUFACTURING: The same as defined in section 21A.62.040 of this Code.
OCCUPANCY: The physical occupancy of a unit or space by an occupant or a tenant.
OWNER: Any of the following:
A. An individual or entity possessing title to a governed property;
B. The net lessee in the case of a property subject to a triple net lease with a single
tenant;
C. The Board of Managers in the case of a nonresidential condominium;
D. An agent or party duly authorized to act on behalf of the owner.
PERSISTENT COMMISSIONING: An ongoing process of comparing data obtained through the
building management system with analytic models; identifying problematic sensors, controls and
equipment; and resolving operating problems, optimizing energy use and identifying retrofits for
existing buildings.
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SHARED BENCHMARKING INFORMATION: Any descriptive information identifying
governed buildings with Energy Star scores above 50, and any portions of the submitted
benchmarking information that owner elects to be posted publicly on the department's website.
SUBMITTED BENCHMARKING INFORMATION: Whole-building information generated by
the benchmarking tool and descriptive information about the governed building and its
operational characteristics, which is submitted to the department. The information shall be
limited to:
37.Descriptive information:
• Property address;
• Primary use type;
• Gross floor area;
38.Output information:
• Site electricity consumption (kWh);
• Site natural gas consumption (therms);
• Site energy use intensity (site EUI);
• Weather normalized source energy use intensity (source EUI);
• Total annual greenhouse gas emissions;
• Water use per gross square foot (if available);
• The Energy Star score, where available; and
39.Comparable information based on updates/revisions to Energy Star portfolio
manager.
TENANT: A person or entity occupying or holding possession of all or a portion of real
property, or all or a portion of a governed building pursuant to a rental or lease agreement.
TUNE-UP EVALUATION: A utility sponsored retro-commissioning process that systematically
evaluates base building systems and identifies improvements to achieve optimal building
performance. This includes planning, investigation, and documentation to optimize operation,
maintenance and performance of the facility and/or its base building systems and assemblies.
TUNE-UP EVALUATION REPORT: A report certified by the tune-up professional
demonstrating that a tune-up evaluation was conducted through a utility-sponsored tune-up
incentive program.
TUNE-UP PROFESSIONAL: An individual or entity approved or utilized by local utilities to
provide tune-up evaluation services or who possesses other substantially similar credential to
perform a tune-up evaluation required by this chapter.
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18.94.040: SUMMARY OF BUILDING ENERGY PERFORMANCE REQUIREMENTS
AND INITIAL COMPLIANCE DATES:
Properties Submitted
Benchmarking
Information Due
Shared
Benchmarking
Information Made
Publicly Available
Date When First
Tune-Up
Evaluation
Report Must Be
Filed
Frequency Of
Tune-Up
Evaluation
City property May 1, 2018 Sept. 1, 2018 May 1, 2020 Prior to Dec.
31 of every
fifth year
Governed
building (50,000
sq. ft. of gross
floor area or
larger)
Governed
building (25,000
to 49,999 sq. ft.
of gross floor
area)
May 1, 2019 Sept. 1, 2020 May 1, 2021 Prior to Dec.
31 of every
fifth year
May 1, 2020 Sept. 1, 2021 May 1, 2022 Prior to Dec.
31 of every
fifth year
18.94.050: BENCHMARKING AND BENCHMARKING SUBMISSION REQUIRED:
A.Governed buildings and City properties shall be benchmarked annually for the
previous calendar year according to the following schedule:
1.Each City property shall be benchmarked no later than May 1, 2018, and
every May 1 thereafter.
2.Each governed building with a gross floor area of fifty thousand (50,000)
square feet or more shall be benchmarked no later than May 1, 2019, and every May 1
thereafter.
3. Each governed building with a gross floor area of twenty five thousand
(25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet shall be
benchmarked no later than May 1, 2020, and every May 1 thereafter.
B.Below is a summary table of the first benchmarking submission compliance dates:
Properties Benchmarking Submission By
Building Owner
City property May 1, 2018
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Governed building (50,000 square feet of gross floor
area or larger)
Governed building (25,000 to 49,999 square feet of
gross floor area)
May 1, 2019
May 1, 2020
A.Benchmarking shall be performed and/or verified by the owner.
B. Before making a benchmarking submission the owner shall run all automated data
quality checker functions available within the benchmarking tool, and shall correct all missing or
incorrect information identified.
C.If the current owner receives notification from the City that any information
reported as part of the benchmarking submission is inaccurate or incomplete, the information so
reported shall be amended in the benchmarking tool by the owner and the owner shall provide an
updated benchmarking submission to the Director within sixty (60) days of the notification.
D.Exceptions:
1.Governed buildings whose average occupancy throughout the calendar
year for which benchmarking is required is less than sixty percent (60%); or
2.Governed buildings under financial hardship; or
3.Due to special circumstances unique to the applicant's facility and not
based on a condition caused by actions of the applicant, strict compliance with provisions
of this chapter would cause undue hardship or would not be in the public interest; or
4.An owner is unable to benchmark due to the failure of either a utility
provider or a tenant (or both) to report the information necessary for the owner to
complete any benchmarking submittal requirement.
E.For properties qualifying for these exceptions, the owner shall file documentation,
in such form and with such certifications as required by the Director, with the department in the
year prior to the due date for the benchmarking submission, establishing that the governed
building qualifies for such an exception.
F.A randomly-selected subset of benchmarking submission not to exceed ten
percent (10%) of the total benchmarking submissions completed in a given year may be subject
to verification by the City. Such reviews shall be conducted in a way so as to preserve the
anonymity of individual properties and shall be conducted at no cost to the owner.
G.An owner may make a claim of confidentiality for any submitted benchmarking
information pursuant to the limitations under State law.
18.94.060: BUILDING ENERGY PERFORMANCE TRANSPARENCY:
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A. The City shall make accessible to the public the shared benchmarking information
for the previous calendar year.
1. For each governed building with a gross floor area of fifty thousand
(50,000) square feet or more, on or about September 1, 2020, and on or about each
September 1 thereafter.
2.For each governed building with a gross floor area of twenty five thousand
(25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet, on or
about September 1, 2021, and each September 1 thereafter.
B. The department may, upon request, make available the submitted benchmarking
information for the previous calendar year for an individual City property or governed building.
18.94.070: PROVIDING BENCHMARKING INFORMATION TO THE PROPERTY
OWNER:
A. Each tenant occupying a governed building shall, within sixty (60) days of a
request by the owner and in a form to be determined by the Director, provide all information that
cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
requirements of this chapter.
18.94.080: TUNE-UP EVALUATIONS REQUIRED:
A.Required: Tune-up evaluations are required for governed buildings and City
properties that are eligible for participation in a utility-sponsored tune-up incentive program, as
determined by the utility offering the incentive program and that have an Energy Star score of 49
and below. Implementation of tune-up measures in addition to evaluations is encouraged but not
required.
B.Report: The owner shall conduct a tune-up evaluation of the base building
systems of a qualifying governed building and file a tune-up evaluation report prior to December
31 of the year in which the tune-up evaluation is being performed. The initial reporting year shall
be determined by the last digit of the property's tax ID number as illustrated below, and
subsequent tune-up evaluation shall be completed and tune-up evaluation reports filed every fifth
year thereafter:
Last Digit Of Tax ID 50,000 Square Feet And Above Of 25,000 To 49,999 Square Feet Of
Number Gross Floor Area Gross Floor Area
Last Digit Of Tax ID 50,000 Square Feet And Above Of 25,000 To 49,999 Square Feet Of
Number Gross Floor Area Gross Floor Area
0 2021 2022
1 2021 2022
2 2022 2023
3 2022 2023
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4 2023 2024
5 2023 2024
6 2024 2025
7 2024 2025
8 2025 2026
9 2025 2026
City.C. Report Submission: The owner shall submit the tune-up evaluation report to the
D. Exceptions: Tune-up evaluations are not required if any of the following are met:
1. If the governed building is less than five (5) years old; or
2.If a registered design professional or tune-up professional certifies that:
a.The governed building has an Energy Star score of 50 or above for
the year prior to the first tune-up due date or for at least two (2) of the three (3)
years preceding the due date of the governed building's tune-up evaluation report.
b. There is no Energy Star rating for the building type and owner
submits documentation that the property's energy performance is better than the
energy performance of an average building of its type for two (2) of the three (3)
years preceding the due date of the governed building's tune-up report.
c.The governed building has received certification under the most
recent LEED 2009 rating system for existing buildings or operation and
maintenance, or existing buildings version 4 rating system or future iterations of
LEED published by the U.S. Green Building Council or other substantially
similar rating systems for existing buildings, for at least two (2) of the three (3)
years preceding the due date for the governed building's tune-up evaluation
reports.
d.The governed building has performed a tune-up evaluation within
the past five (5) years prior to the tune-up evaluation due date.
3. If the governed building has a persistent commissioning program in place.
For properties qualifying for these exceptions, the owner shall file documentation,
in such form and with such certifications as required by the Director, with the
department in the year prior to the due date for the tune-up report, establishing
that the governed building qualifies for such an exception.
E. Verification: A randomly-selected subset of tune-up evaluation reports not to
exceed ten percent (10%) of the total tune-up evaluation reports completed in a given year may
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be subject to verification by the City. Such reviews shall be conducted in a way so as to preserve
the anonymity of individual properties and shall be conducted at no cost to the owner.
18.94.090: NOTIFICATION:
A. Between January 1 and March 1 of each year during which an owner is required
to provide a benchmarking submission, the Director shall notify these owners of their obligation
to benchmark performance for the previous calendar year through whatever means the Director
so chooses.
18.94.100: VIOLATIONS AND ENFORCEMENT:
A. If the Director determines that an owner has failed to comply with the
requirements of this chapter or the owner submits incomplete or false information, the Director
may issue up to three (3) written notices of noncompliance to the owner, allowing owner to cure
such noncompliance within ninety (90) days after each notice of violation. After the third written
notice of violation, the Director may impose a fine of up to five hundred dollars ($500.00) per
violation thereafter not exceeding a total of one thousand dollars ($1,000.00) annually.
18.94.110: APPEALS PROCESS:
A. Any owner affected by the Director's determination related to that owner's
property regarding enforcement of this chapter may request, within thirty (30) days of owner's
written notification of the Director's determination, in writing filed with the department, an
appeal hearing before the Board of Appeals and Examiners, established under this title.
SECTION 18. Amending the text of Salt Lake City Code Chapter 18.95. That Chapter
18.95 of the Salt Lake City Code (Additional Regulations: Use of LEED Standards in City
Funded Construction) shall be, and hereby is amended as follows:
CHAPTER 18.95
USE OF LEED STANDARDS IN CITY FUNDED CONSTRUCTION
18.95.10 : PURPOSE:
The purpose of this chapter is to promote development consistent with sound environmental
practices by requiring, subject to Sections 18.95.040, 18.95.050, and 18.95.120 of this chapter,
that applicable building projects constructed with city construction funds obtain, at a minimum:
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a) "silver" for city owned and operated buildings, or b) "certified" for private building projects
that receive city funds. These designations shall be from the "USGBC" as defined herein.
18.95.020: DEFINITIONS:
As used in this chapter:
APPLICABLE BUILDING PROJECT: The construction or major renovation of a commercial,
multi-family residential, or municipal building that will contain more than 10,000 square feet of
occupied space when the design contract for such project commences on or after November 17,
2006.
CERTIFIED: The level of compliance with the leadership in energy and environmental design
(LEED) standards designated as "certified" by the United States Green Building Council
(USGBC).
CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to Subsection
3.24.040A or that employee's designee pursuant to Section 3.24.050.
CITY CONSTRUCTION FUNDS: Funds that are authorized to be used for construction by the
city council for use by any person or city department in order to construct an applicable building
project, including, without limitation, loans, grants, and tax rebates. However, this term shall not
apply to the funds of the library or redevelopment agency.
CITY ENGINEER: The city employee designated pursuant to Section 2.08.080 of this code or
that employee's designee pursuant to Section 3.24.050.
LEED STANDARD: The leadership in energy and environmental design (LEED) green building
rating system for new construction and major renovations (LEED-NC) as adopted in November
2002 and revised in November 2005, the LEED green building rating system for commercial
interiors (LEED-CI) as adopted in November 2002, or the LEED green building rating system
for existing buildings upgrades, operations and maintenance (LEED-EB) as adopted in October
2004 and updated in July 2005.
MAJOR RENOVATION: Work that demolishes space down to the shell structure and rebuilds it
with new walls, ceilings, floors and systems, when such work affects more than 25% of the
building's square footage, and the affected space is at least 10,000 square feet or larger.
SILVER: The level of compliance with LEED standards designated as "silver" by the USGBC.
SUBSTANTIAL COMPLIANCE: A determination of good faith efforts to comply as further
described in Section 18.95.110.
TEMPORARY STRUCTURE: Any proposed building that is intended to be in existence for 5
years or less or any existing building that at the time it was constructed was intended to be in
existence for 5 years or less.
USGBC: The organization known as the United States green building council.
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18.95.030: APPLICATION:
Whenever city construction funds are used for an applicable building project, such project shall
at a minimum obtain a silver certification by the USGBC in the case of a city owned building
project or certified certification in the case of all other projects, subject to the exceptions,
waivers, and determinations of substantial compliance provided for in this chapter.
18.95.040: EXCEPTIONS:
The provisions of this chapter shall not apply if the building official and either the chief
procurement officer or the city engineer jointly determine in writing that any of the following
circumstances exist:
A. The applicable building project will serve a specialized, limited function, such as
a pump station, garage, storage building, equipment area, or other similar area, or a single-
family residence;
B. The applicable building project is intended to be a temporary structure;
C. The useful life of the applicable building project does not justify whatever
additional expense would be incurred to increase the building's long term efficiency;
D. The application of LEED standard factors will increase construction costs beyond
the funding capacity for the project, or will require that the project's scope of work or
programmatic needs be diminished to meet budget constraints;
E. The use of LEED standard factors will create an impediment to construction due
to conflicts of laws, building code requirements, federal or state grant funding requirements, or
other similar requirements;
F. LEED factors are not reasonably attainable due to the nature of the facilities or the
schedule for construction; or
G. LEED certification will violate any other federal, state or local law, including,
without limitation, other sections of this code.
If an exception is granted, the developer must agree to integrate green building practices into the
design and construction of the project to the maximum extent possible and feasible. A
determination that an exception does not apply may be appealed in accordance with Chapter
18.12.
18.95.050: WAIVERS:
The denial of an exception pursuant to Section 18.95.040 of this chapter does not preclude an
application for waiver pursuant to this section. The board shall have the authority to grant a
waiver from the requirements of this chapter only if it makes the following findings in writing:
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A. Literal enforcement of this chapter would cause unreasonable hardship for the
applicant that is not necessary to carry out the general purpose of this chapter;
B. There are special circumstances attached to the project that do not generally apply
to other projects that are subject to this chapter;
C. The waiver would not have a substantially negative effect on the master plans,
policies, and resolutions of the city and would not be contrary to the purposes of this chapter;
D. Any asserted economic hardship is not self-imposed; and
E. The spirit of this chapter will be observed and substantial justice done.
18.95.060: APPEAL OF CITY DECISIONS:
Appeals of decisions by the building official or enforcement officials pursuant to this chapter
shall be taken in accordance with Chapter 18.12.
18.95.070: RESERVED
18.95.080: REQUIRED DEPOSIT:
All private sector developers, excluding nonprofit developers, who receive city funds for
applicable building projects shall submit a $10,000.00 "good faith" deposit with the city which
shall be refunded upon the building project receiving the applicable level of LEED certification
or after a determination of substantial compliance.
18.95.090: PROOF OF REGISTRATION:
Within 30 days from receiving notice that the city will fund an applicable building project, all
private sector developers shall submit written proof that said project is registered with the
USGBC. City funds will not be dispersed until the required deposit under Section 18.95.080 and
the proof of registration under this section are received by the city.
18.95.100: REQUEST FOR EXTENSION:
If a project is not LEED certified or has not been granted a determination of substantial
compliance within one year after a temporary certificate of occupancy is issued by the city, then
a private sector developer must file a written application with the city for an extension to obtain
LEED certification. Said application must be filed with the city no later than 395 days after the
date on which the certificate of occupancy was issued by the city. The city may grant a one year
extension pursuant to this section and any additional extensions as may be necessary so long as a
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private sector developer is actively pursuing LEED certification. Extensions pursuant to this
section shall begin on the date granted by the city.
18.95.110: REQUEST FOR SUBSTANTIAL COMPLIANCE:
Receipt of LEED certification from the USGBC shall be conclusive evidence of the level of
certification stated therein. If certification is not received from the USGBC or is not at the level
required by this chapter, a private sector developer may request that the city issue a
determination that the project has substantially complied with this chapter upon a reasonable
demonstration that such project as constructed is consistent with the intent of this chapter and
that strict enforcement of this chapter would create an unreasonable burden in light of the needs
of such project, the ability of the project owner to control cost increases, and other relevant
circumstances. The request for determination of substantial compliance must contain the
following information:
A. Final LEED certification application, documentation, and response from the
USGBC;
B. An explanation of the efforts and accomplishments made by the private sector
developer to achieve compliance with this chapter;
C. An explanation of the practical or economic infeasibility of implementing certain
high performance building design or construction techniques that, if implemented, would
otherwise have likely resulted in certification; and
D. Any other supporting documents the private sector developer wishes to submit.
18.95.120: DETERMINATION OF SUBSTANTIAL COMPLIANCE:
The building official and either the chief procurement officer or the city engineer shall review
within 60 days of receipt of a request for determination of substantial compliance and shall
approve or deny the request based on the good faith efforts of the private sector developer to
comply with this chapter. In making a determination of the good faith efforts, review of the
request shall include whether the private sector developer has established the following:
A. That reasonable, appropriate, and ongoing efforts to comply with this chapter
were taken; and
B. That compliance would otherwise have been obtained but for the practical or
economic infeasibility of implementing high performance building design or construction
techniques.
In making any such determination, cost increases due solely to aesthetic elements shall not
constitute any part of a demonstration of unreasonable burden. A determination of substantial
compliance pursuant to this section shall satisfy Section 18.95.030.
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If the request for determination of substantial compliance is denied, the private sector developer
will be deemed to have not satisfied Section 18.95.030 and shall forfeit the "good faith" deposit
under Section 18.95.080 and may be assessed an additional penalty up to the amount originally
funded by the city. Any penalty assessed shall be offset by the "good faith" deposit.
18.95.130: PENALTY:
Any private sector developer who fails to: a) comply with this chapter, b) apply for an extension
pursuant to Section 18.95.100 of this chapter, or c) receive a determination of substantial
compliance, shall forfeit the "good faith" deposit to the city to cover the cost and inconvenience
to the city. An additional penalty may be assessed based on a direct analysis of possible LEED
design credits. Given that a total of 26 LEED design credits are required for certification, the
additional penalty shall be based on the following considerations:
A. If the city determines that a project could have reasonably received 21-25 LEED
credits, then the private sector developer shall pay the city up to 25% of the amount originally
funded.
B. If the city determines that a project could have reasonably received 16-20 LEED
credits, then the private sector developer shall pay the city up to 50% of the amount originally
funded.
C. If the city determines that a project could have reasonably received 6-15 LEED
credits, then the private sector developer shall pay the city up to 75% of the amount originally
funded.
D. If the city determines that a project could have reasonably received 0-5 LEED
credits, then the private sector developer shall pay the city up to 100% of the amount originally
funded.
Failure to pay a penalty within 90 days of written notice from the city shall result in a lien
against the project.
18.95.140: RULE MAKING AUTHORIZATION:
The building official and either the chief procurement officer or the city engineer are authorized
to issue administrative rules under this chapter.
18.95.150: ADMINISTRATIVE INTERPRETATIONS:
Pursuant to the authority granted under Subsection 18.08.040K, the building official may render
interpretations of this chapter. Such interpretations shall conform with the intent and purpose of
this chapter, and shall be made available in writing for public inspection upon request.
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18.95.160: LIMITATIONS:
Nothing required under this chapter shall supersede any federal, state or local law, including,
without limitation, other provisions of this code; or any contract, grant, or other funding
requirement; or other standards or restrictions that may otherwise apply to an applicable building
project. This chapter shall not apply whenever its application would disadvantage the city in
obtaining federal funds.
SECTION 19. Amending the text of Salt Lake City Code Chapter 18.96. That Chapter
18.96 of the Salt Lake City Code (Additional Regulations: Fit Premises) shall be, and hereby is
amended as follows:
CHAPTER 18.96
FIT PREMISES
18.96.10 : TITLE:
This chapter may be referred to as the SALT LAKE CITY FIT PREMISES ORDINANCE.
18.96.020: EXCLUSIONS FROM APPLICATION OF CHAPTER:
The following arrangements are not governed by this chapter:
A. Residence at a detention, medical, geriatric, educational, counseling, or religious
institution;
B. Occupancy under a contract of sale of a dwelling unit if the occupant is the
purchaser;
C. Occupancy by a member of a fraternal or social organization in a building
operated for the benefit of the organization;
D. Transient occupancy in a hotel, or motel (or lodgings subject to Utah code section
59-12-301); except that single room occupancy units ("SRO") shall be governed by this chapter.
"SRO" means an existing housing unit with one combined sleeping and living room of at least 70
square feet, but of not more than 220 square feet, where the usual tenancy or occupancy of the
same unit by the same person or persons is for a period of longer than one week. Such units may
include a kitchen and a private bath; and
E. Occupancy by an owner of a condominium unit.
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18.96.030: IDENTIFICATION OF OWNER AND AGENTS:
A. A property owner, or any person authorized to enter into an oral or written rental
agreement on the property owner's behalf, shall disclose to the tenant in writing at or before the
commencement of the tenancy the name, address and telephone number of:
1. The owner or person authorized to manage the premises; and
2. A local person authorized to act for and on behalf of the owner for the
purpose of receiving notices and demands, and performing the property owner's
obligations under this chapter and the rental agreement if the owner or manager reside
outside of Salt Lake City.
B. A person who enters into a rental agreement as “landlord”, “property manager” or
the like, and fails to comply with the requirements of this section becomes an agent of the
property owner for the purposes of:
1. Receipt of notices under this chapter; and
2. Performing the obligations of the property owner under this chapter and
under the rental agreement.
C. The information required to be furnished by this section shall be kept current.
This section is enforceable against any successor property owner, owner, or manager.
D. Every rental property with more than one unit rented without a written agreement
shall have a notice posted in a conspicuous place with the name, address and telephone number
of the owner or manager and local agent as required by subsection A of this section.
18.96.040: PROPERTY OWNER TO DELIVER POSSESSION OF DWELLING UNIT:
A. A copy of the lease or rental agreement, rules and regulations, an inventory of the
condition of the premises, a list of all appliances and furnishings and a summary of this chapter
shall be given to each tenant at the time the rental agreement is entered into. The summary shall
be prepared by the city for the purpose of fairly setting forth the material provisions of this
chapter and shall include information about mediation resources in the Salt Lake City area and
shall encourage property owners and tenants to take advantage of mediation services. The
property owner shall secure and retain the tenant's signed acknowledgment that the foregoing
documents have been provided to the tenant. Such acknowledgment shall be returned to the
property owner no later than 3 days after the tenant takes possession of the dwelling unit.
Before entering into a rental agreement, the property owner shall disclose to the tenant any
current notice by a utility provider to terminate water, gas, electrical or other utility service to the
dwelling unit or to common areas of the building, the proposed date of termination, and any
current uncorrected building or health code violation included in a deficiency list or notice from
the division or any other government entity.
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B. By explicit written agreement, a property owner and a tenant may establish a
procedure whereby the tenant notifies the property owner of needed repairs, makes those repairs
and deducts the cost of the repairs from the rent due and owing.
C. A property owner may allocate any duties to the tenant by explicit written
agreement. Such agreement must be clear and specific, boxed, in bold type or underlined.
18.96.050: PROPERTY OWNER TO MAINTAIN THE PREMISES AND EACH
DWELLING UNIT:
A property owner shall:
A. Comply with the requirements of applicable building, housing and health codes
and city ordinances and not rent the premises unless they are safe, sanitary, and fit for human
occupancy;
B. Maintain the structural integrity of the building;
C. Maintain floors in compliance with safe load bearing requirements;
D. Provide exits, emergency egress, and light and ventilation in compliance with
applicable codes;
E. Maintain stairways, porches, walkways and fire escapes in sound condition;
F. Provide smoke detectors and fire extinguisher as required by code;
G. Provide operable sinks, toilets, tubs and/or showers;
H. Provide heating facilities as required by code;
I. Provide kitchen facilities as required;
J. Provide running water;
K. Provide adequate hall and stairway lighting;
L. Maintain floors, walls and ceilings in good condition;
M. Supply window screens where required by code;
N. Maintain foundation, masonry, chimneys, water heater and furnace in good
working condition;
O. Prevent the accumulation of stagnant water in the interior of any premises;
P. Maintain in good and safe working order and condition all electrical, plumbing,
sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied by the
property owner as required by applicable codes;
Q. Provide and maintain appropriate garbage receptacles and arrange for timely
garbage removal as required by code;
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R. Supply electricity, and hot water at all times and heat during at least the months of
October through April and as weather conditions might otherwise reasonably warrant, except
where the dwelling unit is so constructed that electricity, heat or hot water is within the exclusive
control of the tenant and supplied by a direct public utility connection;
S. Once proof of pest infestation has been established, be responsible for initiation of
pest control measures. In no instance shall a property owner be required to apply pesticides
contrary to label directions;
T. Not interrupt or disconnect utility service;
U. Provide adequate locks to exterior doors and furnish keys to tenants as required
by applicable codes;
V. Maintain the dwelling unit in a reasonably insulated and weather tight condition
as required by the building and housing and Utah state energy conservation codes;
W. Provide for and protect each tenant's peaceful enjoyment of the premises;
X. Ensure that repairs, decorations, alterations, or improvements, or exhibiting the
dwelling unit shall not unreasonably interfere with the tenants' right to quiet enjoyment of the
premises;
Y. Provide a mailbox; and
Z. Provide separate meters for each tenant for gas and electricity or include charges
for utility services in the rent.
18.96.060: TENANT TO MAINTAIN DWELLING UNIT:
A tenant shall:
A. Comply with all appropriate requirements of the rental agreement and applicable
provisions of building, housing and health codes;
B. Maintain the premises occupied in a clean and safe condition and not
unreasonably burden any common area;
C. Dispose of all garbage and other waste in a clean and safe manner and avoid
leaving garbage or litter in hallways, porches, patios and other common areas;
D. Maintain all plumbing fixtures in as sanitary a condition as the fixtures permit and
avoid obstructing sinks, toilets, tubs, showers and other plumbing drains;
E. Use all electrical, plumbing, sanitary, heating, and other facilities and appliances
in a reasonable manner;
F. Not destroy, deface, damage, impair or remove any part of the premises or
knowingly permit any person to do so;
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G. Promptly inform the property owner of any defective conditions or problems at
the premises;
H. Not interfere with the peaceful enjoyment of the residential rental unit of another
renter;
I. Upon vacation, restore the premises to their initial condition except for reasonable
wear and tear or conditions caused by the property owner;
J. Be current on all payments required by the rental agreement and this chapter;
K. Not increase the number of occupants above that specified in the rental agreement
without written permission of the owners;
L. Not modify or paint the premises without the express written permission of the
property owner/agent;
M. Dispose of oil, car batteries, and other hazardous waste materials away from the
rental premises, and in a manner prescribed by federal and local laws; and
N. Not require the owner to correct or remedy any condition caused by the renter, the
renter's family or the renter's guests or invites by inappropriate use of the property during the
rental term or any extension of it.
18.96.070: RULES AND REGULATIONS:
A property owner may adopt rules or regulations concerning the tenant's use and occupancy of
the premises which become a part of the rental agreement if they apply to all tenants in the
premises in a nondiscriminatory manner, do not conflict with the lease, state law or city
ordinance, and are provided to the tenant before the tenant enters into the rental agreement.
Rules, regulations or lease terms can, by agreement between the parties, be more favorable to the
tenant than allowed by state law or city ordinance but cannot be more restrictive. Rules may be
modified from time to time by the property owner. However, no rule adopted after the
commencement of any rental agreement shall substantially modify the existing terms, conditions
or rules without written consent of the tenant.
18.96.080: ACCESS:
A. A tenant shall not unreasonably withhold consent to the property owner to enter
into the dwelling unit in order to make necessary or agreed repairs, decorations, alterations, or
improvements; or exhibit the dwelling unit to prospective purchasers, tenants, or work people.
B. A property owner may enter the dwelling unit without consent of the tenant in
case of emergency.
C. Except in case of emergency the property owner shall give the tenant at least 24
hours' notice of plans to enter and may enter only between 8:00 A.M. and 10:00 P.M.
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D. A property owner has no other right of access except:
1. Pursuant to court order;
2. To make repairs requested by the tenant pursuant to Sections 18.96.110
and 18.96.120 of this chapter;
3. To make repairs ordered by the division pursuant to this title; or
4. If the tenant has abandoned the premises as defined in Section 78B-6-814,
Utah Code, or any successor provision.
18.96.090: RESERVED
18.96.100: RESERVED
18.96.110: REPAIR OF SPECIFIED FAILURES:
In the event of the failures specified below, which are not due to the unavailability of utility
service, the property owner shall take reasonable steps to begin repairing the failures promptly
after receipt of written notice of the failure delivered in accordance with Section 18.50.100, and
shall remedy such failure within the period set forth in the notice and order issued by the
inspector:
A. Inoperable toilet
B. Tub, shower or kitchen and bathroom sink with inoperable drain or no hot or
cold water
C. Inoperable refrigerator or cooking range or stove
D. Nonfunctioning heating (during a period where heat is reasonably necessary) or
electrical system
E. Inoperable electric fixture
F. Broken exterior door or inoperable or missing exterior door lock
G. Broken window with missing glass
H. Inoperable exterior lighting
I. Broken stair or balustrade
J. Inoperable or missing smoke detector required by code
K. Inoperable required fire sprinkler system (if smoke detectors are not present or
operating)
L. Inoperable required fire sprinkler system (if smoke detectors are installed and
operable)
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M. Broken or leaking water pipes causing an imminent threat to life, safety or
health
N. Other broken or leaking water pipes
O. Disconnection of electrical, water or natural gas service caused by property
owner
The division shall establish repair period standards based on the severity of the failures identified
above. The tenant shall grant the property owner reasonable access to perform the repairs
required in this section.
18.96.120: VIOLATIONS
Violations of this chapter shall be enforced pursuant to Sections 18.50.100 and 18.50.110.
18.96.130: RETALIATORY CONDUCT PROHIBITED:
A. Except as provided in this section and section 57-22-4, Utah Code Annotated, a
property owner may not terminate a rental agreement or bring or threaten to bring an eviction
action because the tenant has in good faith:
1. Complained of code violations at the premises to a governmental agency,
elected representative or public official charged with responsibility for enforcement of a
building, housing, health or similar code;
2. Complained of a building, housing, health or similar code violation or an
illegal property owner practice to a community organization or the news media;
3. Sought the assistance of a community organization or the news media to
remedy code violation or illegal property owner practice;
4. Requested the property owner to make repairs to the premises as required
by this chapter, a building or health code, other regulation, or the residential rental
agreement;
5. Become a member of a tenants' union or similar organization;
6. Testified in any court or administrative proceeding concerning the
condition of the premises; or
7. Exercised any right or remedy provided by law.
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SECTION 20. Amending the text of Salt Lake City Code Chapter 21A.20. That Chapter
21A.20 of the Salt Lake City Code (Zoning: Enforcement) shall be, and hereby is amended as
follows:
21A.20.010: RESERVED
21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
A civil enforcement officer may investigate any complaint alleging a violation of this title and
take such action as is warranted in accordance with the procedures set forth in this chapter.
21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
A. If the civil enforcement officer finds that any provision of this title is being
violated, the civil enforcement officer may provide a written warning notice to the property
owner and any other person determined to be responsible for such violation. The written notice
shall indicate the nature of the violation and order the action necessary to correct it. Additional
written notices may be provided at the civil enforcement officer's discretion.
B. The written warning notice shall state what action the building services division
intends to take if the violation is not corrected. The written notice shall include information
regarding the established warning period for the indicated violations and shall serve to start any
warning periods provided in this chapter.
C. Such written warning notice issued by the civil enforcement officer, if issued,
shall be deemed delivered when:
1. A copy of the written notice is posted on the property where said violation(s)
occur, and
2. The written notice is either:
a. Mailed certified mail or using any reputable mail tracking service that is
capable of confirming delivery to the property owner at the last known address appearing
on the records of the Salt Lake County Recorder and any other person determined to be
responsible for such violation, at their last known address, or
b. Personally served upon the property owner and any other person
determined to be responsible for such violation.
D. In cases when delay in enforcement would seriously threaten the effective
enforcement of this title, or pose a danger to the public health, safety or welfare, the civil
enforcement officer may seek enforcement without issuing a warning notice and may proceed
directly to issuing a notice and order as set forth in Subpart E.
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A. Upon discovery of a violation of this title, or if the violation remains uncorrected
after expiration of the warning period set forth in the warning notice, if issued, the civil
enforcement officer may issue a notice and order.
1. The written notice and order shall state:
a. The name and address, if known, of the responsible party;
b. The date and location of each violation;
c. The code sections violated;
d. That the violations must be corrected;
e. Provide a specific date by which the enforcement official orders
that the violations be corrected by;
f. The amount of the civil fine to accrue for each violation, or other
enforcement action that the enforcement official intends to pursue, if the violation
is not corrected by the date specified;
g. Identification of the right to and procedure to appeal; and
h. The signature of the enforcement official.
2. The enforcement official shall serve the notice and order on the
responsible party by:
a. Posting a copy of the written notice and order on the noncompliant
property, and
b. By mailing the notice and order through certified mail or reputable
mail tracking service that is capable of confirming delivery. If the responsible
party is the property owner of record, then mailing shall be to the last known
address appearing on the records of the Salt Lake County Recorder. If the
responsible party is any other person or entity other than the owner of record, then
mailing shall be to the last known address of the responsible party on file with the
city.
c. Notwithstanding the foregoing, personal service upon the
responsible party shall be sufficient to meet the notice and order service
requirements of this Subsection 21A.20.030.E.2.b.
B. Following the issuance of a notice and order, any responsible party shall correct
the violations specified in the notice and order. Upon correction of the violations specified in the
notice and order, the responsible party shall contact the enforcement official identified in the
notice and order to request an inspection of the property.
C. If one or more violations are not corrected by the deadline specified in the notice
and order, civil fines shall accrue at the rate set forth in Section 21A.20.040. Accumulation of
civil fines for violations, but not the obligation for payment of civil fines already accrued, shall
stop upon correction of the violation(s) once confirmed through an inspection requested pursuant
to Subsection E.
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D. The responsible party shall have the right to contest the notice and order at an
administrative hearing in accordance with Chapter 21A.16. Failure to timely request an
administrative hearing and pay the administrative hearing fee set forth in the Salt Lake City
consolidated fee schedule shall constitute a waiver of the right to a hearing and a waiver of the
right to appeal.
E. Upon expiration of the citation period set forth in a notice and order, and where
the violation(s) remain uncorrected, the city may record on the noncompliant property with the
Salt Lake County Recorder’s Office a notice of noncompliance. The recordation of a notice of
noncompliance shall not be deemed an encumbrance on the noncompliant property but shall
merely place interested parties on notice of any continuing violation of this title at the
noncompliant property. If a notice of noncompliance has been recorded and the enforcement
official later determines that all violations identified in the notice of noncompliance have been
corrected, the enforcement official shall issue a notice of compliance by recording the notice of
compliance on the property with the Salt Lake County Recorder’s Office. Recordation of the
notice of compliance shall have the effect of canceling the recorded notice of noncompliance.
F. If the city files an action for injunctive relief seeking abatement of one or more
violations and the district court authorizes the abatement of one or more violations and the city
incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
and may be considered an encumbrance on the property.
21A.20.040: CIVIL FINES:
A. General: If the violations are not corrected by the citation deadline, civil fines shall
accrue at $50 a day per violation for those properties legally used for purposes that are
solely residential uses, and $200 a day per violation for those properties used for
purposes that are not residential uses.
B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
per day per violation. If the violation(s) include renting an affordable rental unit in excess
of the approved rental rate then an additional monthly fine shall accrue that is the
difference between the market rate of the unit and the approved rental rate that is agreed
to by the applicant at the time of approval for a project using the incentives.
C. Failure to obtain certificate of appropriateness pursuant to Section 21A.34.020: For
development or any building activity on properties subject to Section 21A.34.020 without
a certificate of appropriateness, if such violation is not corrected by the citation deadline,
civil fines shall accrue at $50 per day, except that the fine for full or partial demolition of
a contributing structure or landmark site without a certificate of appropriateness shall be
$250 per day.
21A.20.050: DAILY VIOLATIONS:
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Each day a violation continues after the citation deadline shall be considered a separate offense
and give rise to a separate civil fine. Accumulation of civil fines for violations, but not the
obligation for payment of civil fines already accrued, shall stop upon correction of the violation.
21A.20.060: COMPLIANCE:
The city may use such lawful means as are available to obtain compliance with the provisions of
this title and to collect the civil fines that accrue as a result of the violation of the provisions of
this title, including a legal action to obtain one or more of the following: an injunction, an order
of mandamus, an order requiring the property owner or occupant to abate the violations, an order
permitting the city to enter the property to abate the violations, and a judgment in the amount of
the civil fines accrued for the violation, including costs and attorney fees. The city has sole
discretion over which remedy or combination of remedies it may choose to pursue.
Violations of the provisions of this title or failure to comply with any of its requirements are
punishable as a Class C misdemeanor upon conviction.
21A.20.070: RECURRING VIOLATIONS:
In the case where a violation, which had been corrected, reoccurs at the same property within 6
months of the initial correction and is due to the actions or inactions of the same person or
property owner as the prior violation(s), the building services division may begin enforcement of
said recurring violation by sending by certified mail or reputable mail tracking service that is
capable of confirming delivery a notice and order in the form described in Subsection
21A.20.030.E of this chapter. Civil fines set forth in Section 21A.020.040 of this chapter will
begin accruing if the violation is not remedied within 10 calendar days of the citation deadline
contained in that notice.
21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
pursuant to Section 21A.06.090 of this title, may hear and decide appeals of civil fines imposed
pursuant to this chapter. As set forth in this section, the fines hearing officer may reduce civil
fines and approve civil fine payment schedules.
B. Right to Appear: Any person receiving a notice of violation may appear before a
fines hearing officer to appeal the amount of the civil fine imposed by submitting a civil fine
appeal on a form provided by the building services division. However, no party may appear
before a fines hearing officer until violations from which the civil fines stemmed have been
corrected and a notice of compliance has been issued. Appeals to a fines hearing officer
contesting the amount of the civil fine imposed, must be filed within 30 days from the date of the
notice of compliance.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall
not relieve the responsibility of any person cited to correct the violation or make payment of
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subsequently accrued civil fines nor shall it require the city to reissue any of the notices required
by this chapter.
D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
hearing officer after the violation is corrected from which the civil fines stemmed and if any of
the following conditions exist:
1. The violation pertains to landscaping, in which case the time for payment
and correction of landscaping violations may be abated from October 15 through the next
April 1, or such other times as caused by weather conditions adverse to successful
landscaping;
2. Strict compliance with the notice and order would have caused an
imminent and irreparable injury to persons or property;
3. The violation and inability to correct the same were both caused by a force
majeure event such as war, act of nature, strike or civil disturbance;
4. A change in the actual ownership of the property was recorded with the
Salt Lake County Recorder's Office after the first or second notice was issued and the
new property owner is not related by blood, marriage or common ownership to the prior
owner; or
5. Such other mitigating circumstances as determined by the fines hearing
officer.
E. Payment Schedule: At the request of a person subject to civil fines governed by
this chapter, the fines hearing officer may approve a payment schedule for the delayed or
periodic payment of the applicable civil fine to accommodate the person's unique circumstances
or ability to pay.
F. Failure to Submit Payment on Payment Schedule: If a payment schedule has been
developed by the fines hearing officer, the failure by a person owing civil fines to submit any
two (2) payments as scheduled shall cause the entire amount of the original civil fine to become
immediately due.
21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
A. If the city obtains a court order permitting entry on the property for the purpose of
abating zoning violations, the building services division shall provide written notice of that order
to the property owner of record at the address on file with the Salt Lake County Recorder.
B. The notice shall: 1) identify the property owner of record according to the records
of the Salt Lake County Recorder, 2) describe the property and the violations the court order
permits the building services division to enter the property to abate, 3) attach a copy of the court
order, and (4) inform the property owner when the abatement is scheduled to occur.
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C. Notice may be delivered in person, or by certified mail, or by reputable mail
tracking service that is capable of confirming delivery, if mailed to the last known address of the
property owner according to the records of the Salt Lake County Recorder.
21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:
A. If the building services division or an agent thereof enters a property to abate a
violation pursuant to a court order, as set forth in Section 21A.20.090 of this chapter, the
building services division may collect the cost of that abatement, by filing a property tax lien, as
set forth in this section.
B. Upon completion of abatement work, the building services division shall prepare
an itemized statement of costs and mail it to the property owner by certified mail or by any
reputable mail tracking service that is capable of confirming delivery, demanding payment
within 30 days of the date the statement is post marked.
C. The itemized statement of costs shall:
1. Include:
a. The address of the property at issue;
b. An itemized list of all expenses incurred by the building services
division, including administrative costs;
c. A demand for payment; and
d. The address where payment is to be made;
2. Notify the property owner:
a. That failure to timely pay the expenses described in the itemized
statement may result in a lien on the property in accordance with this chapter and
Utah Code section 10-11-4 or its successor;
b. That the property owner may file a written objection to all or part
of the statement within 20 days of the date the statement is postmarked; and
c. Where the property owner may file the objection, including the
name of the office and the mailing address.
D. The itemized statement of costs described in subsection C of this section shall be
deemed delivered when mailed by certified mail or by any reputable mail tracking service that is
capable of confirming delivery addressed to the last known address of the property owner,
according to the records of the Salt Lake County Recorder.
E. If the property owner files a timely objection, the building services division will
schedule a hearing in accordance with title 52, chapter 4 of the Utah Code (Open and Public
Meetings Act), and will mail or deliver to the property owner prior to the hearing a notice stating
the date, time, and location of the hearing.
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F. At the hearing described in subsection E of this section, a fines hearing officer
shall review and determine the actual cost of abatement incurred by the building services
division in abating the property, including administrative costs. The property owner must pay
any amount the fines hearing officer determines is due and owing to the Salt Lake City Treasurer
at the address provided in the statement of costs within 30 days of the date of the hearing.
G. If the property owner fails to make payment of the amount set forth in the
itemized statement within 30 days of the date of the mailing of that statement, or to file a timely
objection, then the building services division may certify the past due costs and expenses to the
Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-
11-4 or its successor.
H. If the property owner files a timely objection but fails to make payment of any
amount found due and owing under subsection F of this section within 30 days of the date of the
hearing, the building services division may certify the past due costs and expense to the Salt
Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-11-4.
I. After entry by the Treasurer of the County, as set forth in subsections G and H of
this section the amount entered shall be a nonrecurring notice charge as defined in Utah Code 11-
60-102, is a lien on the property, and shall be collected by the Salt Lake County Treasurer at the
time of the payment of general taxes.
J. Notwithstanding any other provision in this chapter to the contrary, where the
property owner presents evidence demonstrating financial hardship to the satisfaction of the
building services division, the building services division may waive some or all administrative
fees and the actual costs incurred in abating the property if the property abated is the property
owner's principal place of residence.
SECTION 21. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section
21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and
hereby is amended as follows:
a. Adding the definition of “CITATION DEADLINE.” That the definition of
“CITATION DEADLINE” be added and inserted into the list of definitions in
alphabetical order to read as follows:
CITATION DEADLINE: the date identified in the notice and order to correct the
violation(s) identified therein.
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b. Adding the definition of “CIVIL ENFORCEMENT OFFICER.” That the definition
of “CIVIL ENFORCEMENT OFFICER” be added and inserted into the list of
definitions in alphabetical order to read as follows:
CIVIL ENFORCEMENT OFFICER: an employee of Salt Lake City’s Division of
Building Services, or successor division, authorized to perform civil enforcement
functions, or any duly authorized agent, representative, or designee.
c. Adding the definition of “NOTICE OF COMPLIANCE.” That the definition of
“NOTICE OF COMPLIANCE” be added and inserted into the list of definitions in
alphabetical order to read as follows:
NOTICE OF COMPLIANCE: a written notice informing the person cited that the
violation has been corrected.
d. Adding the definition of “PERSON CITED.” That the definition of “PERSON
CITED” be added and inserted into the list of definitions in alphabetical order to read
as follows:
PERSON CITED: the property owner, property owner's agent, tenant or occupant of any
building or land or part thereof and any architect, builder, contractor, agent or other
person who participates in, assists, directs or creates any situation that is contrary to the
requirements of this title, and who received the notice of violation and is being held
responsible for the violation.
e. Adding the definition of “PROPERTY OWNER.” That the definition of
“PROPERTY OWNER” be added and inserted into the list of definitions in
alphabetical order to read as follows:
PROPERTTY OWNER: any person who, alone or jointly or severally with others, holds
legal title to the property at issue.
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SECTION 22. Amending the text of Salt Lake City Code Section 2.07.020. That Section
2.07.020 of the Salt Lake City Code is hereby amended to eliminate the “Housing advisory and
appeals board” therefrom as follows:
2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
For the purpose of this chapter the term "city board" or "board" means the following city boards,
commissions, councils, and committees:
Accessibility and disability commission
Airport board
Board of appeals and examiners
Business advisory board
Citizens' compensation advisory committee
City and county building conservancy and use committee
Community development and capital improvement programs advisory board
Community recovery committee
Fire code board of appeals
Golf enterprise fund advisory board
Historic landmark commission
Housing trust fund advisory board
Human rights commission
Library board
Parks, natural lands, trails, and urban forestry advisory board
Planning commission
Public utilities advisory committee
Racial equity in policing commission
Salt Lake art design board
Salt Lake City arts council board
Salt Lake City sister cities board
Transportation advisory board
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SECTION 23. Repealing Salt Lake City Code Chapter 2.21. That Chapter 2.21 of the Salt
Lake City Code (Housing Advisory and Appeals Board) shall be, and hereby is repealed in its
entirety as follows:
2.21.010: GENERAL PROVISIONS:
The provisions of chapter 2.07 of this title shall apply to the housing advisory and appeals board
except as otherwise set forth in this chapter. (Ord. 67-13, 2013)
2.21.020: CREATION AND MEMBERSHIP:
A. The city creates a housing advisory and appeals board ("HAAB").
B. HAAB shall be comprised of ten (10) members from among the qualified electors of the
city in a manner providing balanced geographical, professional, neighborhood and
community representation.
C. The HAAB chair or vice chair may not be elected to serve consecutive terms in the same
office. The secretary of HAAB shall be designated by the building official.
D. The expiration of terms shall be staggered with no more than three (3) terms expiring in
any one year. Expiration of terms shall be on December 31.
2.21.030: POWERS AND AUTHORITY:
HAAB shall have the power and authority to:
A. Apply the provisions of Title 5, Chapter 5.14 and Title 18, Chapter 18.50 of this code;
B. Hear and decide appeals as specified in Title 5, Chapter 5.14 and Title 18, Chapter 18.50
of this code;
C. Modify the impact of specific provisions of Title 5, Chapter 5.14 and Title 18, Chapter
18.50 of this code, where strict compliance with the provisions is economically or
structurally impracticable and any approved alternative substantially accomplishes the
purpose and intent of the requirement deviated from;
D. Conduct housing impact hearings pursuant to Title 18, Chapter 18.64 of this code;
E. Recommend new procedures to the building official and new ordinances regarding
housing to the city council; and
F. Hear and decide appeals as specified in Title 18, Chapter 18.48 of this code.
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2.21.040: HAAB PANELS:
Unless otherwise determined appropriate by the chair, HAAB may exercise any of its
responsibilities under title 5, chapter 5.14, or title 18, chapter 18.50 of this code in panels of five
(5) voting members appointed by the chair. (Ord. 65-15, 2015)
SECTION 24. Amending the text of Salt Lake City Code Section 2.80.040. That Section
2.80.040 of the Salt Lake City Code (Housing Trust Fund Advisory Board: Fund Created) shall
be, and hereby is amended as follows:
2.80.040: FUND CREATED:
There is created a restricted account within the general fund, to be designated as the "Salt Lake
City housing trust fund" (the "fund"). The fund shall be accounted for separately within the
general fund, and the fund shall be used exclusively to assist with affordable and special
needs housing in the city. No expenditures shall be made from the fund without approval of the
city council.
A. There shall be deposited into the fund all monies received by the city, regardless
of source, which are dedicated to affordable housing and special needs housing including, but not
limited to, the following:
1. Grants, loan repayments, bonuses, entitlements, mitigation fees,
forfeitures, donations, redevelopment tax increment income, and all other monies
dedicated to affordable and special needs housing received by the city from federal, state,
or local governments;
2. Real property contributed to or acquired by the city under other ordinances
for the purposes of preserving, developing, or restoring affordable housing;
3. Monies appropriated to the fund by the council; and
4. Contributions made specifically for this purpose from other public or
private sources.
5. CDBG, ESG, and HOPWA monies only as designated by the city's
community development advisory board and approved by the mayor and city
council, and HOME monies only as designated by the city's housing trust fund advisory
board and approved by the mayor and city council.
B. The monies in the fund shall be invested by the city treasurer in accordance with
the usual procedures for such special accounts. All interest or other earnings derived from fund
monies shall be deposited in the fund.
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SECTION 25. Amending the text of Salt Lake City Code Subsection 5.14.120.B.2. That
Subsection 5.14.120.B.2 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
Penalties: Amount of Penalty) shall be, and hereby is amended as follows:
2. Amount of Penalty: Civil penalties shall accrue as follows:
a. Violations of the self-certification standards established by the City: $50.00
per violation per day. If more than 10 violations exist, the daily penalties shall
double.
SECTION 26. Amending the text of Salt Lake City Code Subsection 5.14.120.B.6. That
Subsection 5.14.120.B.6 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
Penalties: Appeals) shall be, and hereby is amended as follows:
6. Appeals:
a. Appeals Contesting the Existence of a Violation:
(1) Appeals contesting the existence of the violation must be done in
accordance with Section 18.12.030.
b. Appeals Contesting the Amount of the Penalties Imposed: any person
receiving a notice of violation may appeal the civil fines imposed, but not the
basis therefor (which must be done pursuant to Subsection 5.14.120.B.6.a), in
accordance with Section 18.12.050.
SECTION 27. Repealing Salt Lake City Code Section 5.14.125. That Section 5.14.125 of
the Salt Lake City Code (Housing Advisory and Appeals Board Appellate Process Details) shall
be, and hereby is repealed in its entirety as follows:
5.14.125: HOUSING ADVISORY AND APPEALS BOARD APPELLATE PROCESS
DETAILS:
A. Filing Of Appeals: Appeals shall be submitted on an appeal form provided by the
building official. The appellant shall state the specific order or action protested and a statement
137
of the relief sought, along with the reasons why the order or action should be reversed, modified
or otherwise set aside.
B. Failure To Appeal: Failure of any person to file an appeal in accordance with the
provisions of this section shall constitute a waiver of the person's right to an appeal.
C.Inspection Of The Premises: Before any hearing is held by a Housing Advisory
and Appeals Board panel, the panel shall inspect the building or premises involved. Prior notice
of such inspection shall be given to the notified party filing the appeal, who may be present at
such inspection. Upon completion of the inspection, the Chairperson of the panel shall state for
the record the material facts observed at the inspection, which facts shall be read at the initiation
of the hearing. Failure of the notified party to provide access without good cause as determined
by the building official shall not constitute a reason for the hearing to be postponed and the
appeal may be denied.
D. Written Notice: Written notice of the time and place of panel hearings shall be
mailed to the appellant in accordance with procedures adopted by the Housing Advisory and
Appeals Board.
E.Appeals Hearing: Any notified party may appear personally or authorize a
designee to act in their behalf. The City and any notified party may call and examine witnesses
on any relevant matter, introduce documentary and physical evidence, and cross examine
opposing witnesses. Any relevant evidence shall be admitted.
F.Record: A record of the entire proceeding of all appellate hearings under this
section shall be made by tape recording, or by any other means of permanent recording
determined to be appropriate by the Housing Advisory and Appeals Board. The record shall be
retained on file in accordance with the City's record retention schedule.
SECTION 28. Amending the Salt Lake City consolidated fee schedule. That the Salt
Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect
the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City
consolidated fee schedule shall be published on the official Salt Lake City website.
SECTION 29. Effective Date. That this ordinance shall become effective on the date of
its first publication.
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___________________________
atherine D. Pasker, Senior City Att
Passed by the City Council of Salt Lake City, Utah this day of 2024.
CHAIRPERSON
ATTEST:
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: Approved. Vetoed.
MAYOR
(SEAL)
Bill No. of 2024.
Published:
Ordinance amending Title 18 administration_v2
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:March 11, 2024
By: _
K orney
139
EXHIBIT A
COMMUNITY AND NEIGHBORHOODS (CAN)
Service Fee Additional Information Section
Boarding or Securing of
Buildings
Boarding administrative costs $500 Plus actual costs, see Section
18.48.100
18.48.100
Boarding registration fee $14,000 Per parcel 18.48.215
Boarding registration fee for a
contributing structure or landmark site
$14,850 Per parcel 18.48.215
Other abatement administrative cost $129 Plus actual costs 18.48, 9.36,
21A.20
City maintenance of building $219 Annual, plus actual costs, see Section
18.48.250
18.48.250
Building Code Enforcement
Violation of Title 18 (except Ch. 18.50 or
Stop Work Order)
$100 18.24.030
Violation of Stop Work Order $250 18.24.040.B
Violation of Ch. 18.50
Substandard condition $50 18.50.100.D
Hazardous condition $100 18.50.100.D
Imminent danger condition $250 18.50.100.D
Appeal of a decision to the board of
appeals and examiners
$285 Add’l fee for required public notices 18.12.020
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer
Policy Analyst
DATE:May 30, 2024
RE: Zoning Incentives for Adaptive Reuse and Preservation of Buildings
PLNPCM2023-00155
The Council will be briefed about a proposal requested by Mayor Mendenhall to amend the zoning
ordinance to encourage and support adaptive reuse and preservation of buildings. The City Code currently
has several barriers complicating reuse of buildings. The proposal addresses these barriers and adds
incentives to the ordinance that encourage reusing buildings citywide.
Under the proposal, a new “Building Preservation Incentives” section would be added to Chapter 21A.52,
Zoning Incentives. This new section includes two subsections, Adaptive Reuse for Additional Uses in
Eligible Buildings (“A Incentives”), and Preservation of a Principal Building (“B Incentives”).
“A Incentives” provide flexibility in uses for eligible buildings important to neighborhoods such as those on
the National Register of Historic Places, and buildings formerly used for churches, schools, or hospitals,
among others.
“B Incentives” apply to eligible buildings at least 50 years old that are being preserved and cover at least
25% of a development site. They may also apply to new construction on the same site. Both incentives are
discussed in more detail in the Additional Information section below.
Planning staff researched other cities with ordinances offering incentives for adaptive reuse and
preservation of buildings. These cities included, Austin, El Paso, Los Angeles, Dever, Nashville, Tucson,
Tempe, Pittsburgh, St. Petersburg, and Portland. The following features were researched: location within
the city where incentives are offered, eligibility criteria, goals of the incentives, and what incentives are
offered. These are discussed on pages 6-7 of the Planning Commission staff report.
Item Schedule:
Briefing: May 30, 2024
Set Date: June 11, 2024
Public Hearing: July 2, 2024
Potential Action: July 9, 2024
Page | 2
Planning also created a focus group primarily consisting of architects and developers to gain additional
insight into challenges and barriers to utilizing existing buildings. Feedback provided was that the
incentives need to make it more economically viable to keep a building rather than tear it down when
redeveloping a property. The development potential of a property frequently makes it more attractive from
an economic perspective to demolish buildings rather than preserve and reuse them.
The Historic Landmark Commission and Planning Commission reviewed the proposal at
their meetings. Both commissions voted unanimously to forward a positive
recommendation to the City Council.
Two ordinance proposals
Planning included two versions of the proposed ordinance. Version 1 was prepared for the Planning
Commission meeting. Version 2 includes changes to the “B Incentives” that planning staff identified after
the Planning Commission’s recommendation, based on questions raised during their discussion. These are
listed below on page 3.
1. Does the Council prefer to keep the original proposed ordinance (ordinance version 1)?
2. Is the Council supportive of Planning staff’s proposed changes related to building age, design
standards for upper floor glass, and building entrances and included in ordinance version 2?
Goal of the briefing: Review the proposed text amendment and determine if the Council supports
moving forward with the proposal after a public hearing, which will be set for July 2.
ADDITIONAL INFORMATION
“A Incentives” offer use flexibility in eligible buildings which are important to the neighborhood and
generally have artistic, historic, or cultural value, or are large underutilized buildings. Currently, the
ordinance for adaptive reuse of a landmark site allows nonresidential use of a landmark site in a residential
district, provided the use meets standards for preservation of the building’s character and neighborhood
compatibility. The proposal adds the following found on page 2 of the Administration’s transmittal:
Broadens eligibility to include buildings that are individually listed on the National Register of
Historic Places, buildings formerly used for churches, schools, or hospitals, and other culturally or
historically significant buildings.
Allows residential uses in addition to the nonresidential uses already allowed through this process.
The proposal would also allow for residential uses in eligible buildings in the Public Lands (PL) and
Institutional (I) zones where the only residential use currently allowed is living quarters for a
caretaker or security guard.
Prohibit certain uses. Impactful uses were identified as prohibited because of their potential for
negative impacts on the surrounding neighborhood and to the eligible building.
Removes minimum square footage requirement. The current building square footage minimum of
7,000 square feet is a significant obstacle to qualify for adaptive reuse incentives.
“B Incentives” apply to eligible buildings at least 50 years old that are being preserved and cover a
minimum of 25% of a development site. They can also apply to new construction on the same site. Rather
than use incentives like those listed above, these proposed incentives modify base zoning requirements for
allowed uses. The following summary of “B Incentives” is found on page 3 of the Administration’s
transmittal:
Removes the planned development requirement for modifications that are commonly requested
through this process but are generally straightforward such as creating lots without street frontage
and having buildings on the same parcel without all buildings having public street frontage.
Page | 3
Includes the addition of an Administrative Planned Development process for certain zoning
modifications to allow for a more streamlined review process for eligible projects.
Removes the minimum lot area and width requirements for all zones except single family zoning
districts.
Includes additional building height in various zoning districts through administrative design
review. Currently, there is no height incentive being offered in the single, two-family and RMF
zoning districts.
Reduces parking for eligible projects.
Based on questions raised in the Planning Commission meeting planning staff identified the following
potential modifications to “B Incentives” found on pages 3-4 of the transmittal for the Council to consider.
These are included in version 2 of the draft ordinance.
“B Incentive” for Building Age Eligibility
During the Planning Commission meeting a Commissioner expressed some concern with ordinance
language stating eligible buildings must be at least 50 years old. This rolling date would allow buildings
constructed in the 1980s and 1990s to become eligible for incentives in the coming years. The concern is
that some buildings from that era and later are not worth preserving. Planning suggested that the
Council could consider fixed date language that requires eligible buildings to be built prior
to 1976.
Design Standards for New Construction Utilizing the “B Incentives.”
Unless stricter design standards are required within the zoning district where a property is located, projects
utilizing the incentives must meet specific design standards in the proposed ordinance. Planning
recommends some changes to the following proposed design standards:
Upper Floor Glass-The Planning Commission reviewed a draft ordinance that requires the surface
area of each floor’s façade to contain a minimum of 50% glass, which can be reduced to 25% on the
ground floor for residential use. After review, Planning believes that the 50% threshold is too high
for upper levels of buildings. Only the Downtown zones and Gateway Mixed Use zones have an
upper-level glass requirement of 50% and it is difficult for projects in those zones to meet the
requirement without a request for a design review modification. General Commercial zoning
requires 25%, the FB-UN and RMF-30 zones require 15%, and the other zones do not have an
upper floor glass requirement. Planning staff recommends reducing the upper floor
glass requirement to 20% for projects that utilize the incentives. Zones that have a
higher percentage requirement will still be subject to the higher standards. Planning also
recommends adding language to clarify that glass requirements are consistent with the design
standards chapter regarding the location of ground floor glass between 3-8 feet on the building and
unobstructed visibility into the space.
Building Entrances-Planning staff recommends adding language to the building
entrances design standard to address that entry features such as unenclosed entry porches,
porticos, awnings or canopies, or emphasized doorways for required building entrances need to
meet descriptions in City code for these entry features.
KEY CONSIDERATIONS
Planning staff identified two key considerations related to the proposal, found on pages 7-13 of the
Planning Commission staff report, and summarized below. For the complete analysis, please see the
Planning staff report.
Consideration 1-How the proposed amendment helps implement City goals and policies
identified in adopted plans:
Page | 5
Planning staff found that the proposed amendment generally aligns with the guiding principles, policies,
and goals found in Plan Salt Lake, Housing SLC, Sustainable Salt Lake, the Salt Lake City Community
Preservation Plan, Thriving in Place, and various neighborhood plans.
Consideration 2-Changes Made After Commission Briefings:
Planning staff made some changes to the original proposal largely based on feedback from Historic
Landmark and Planning Commissioner feedback during the briefings. The proposed changes are
summarized below.
Parking for multi-family minimum has been reduced from one space per dwelling unit to 0.5
spaces. Requiring one space per dwelling unit was not a significant incentive, particularly in the
RMF zones where reduced parking would be beneficial because other incentives such as additional
height are not being offered.
Existing building parking: If existing parking exceeds minimums under the proposed incentive,
only the minimum required needs to be kept.
“A Incentives – Adaptive Reuse for Additional Uses in Eligible Buildings: Multi-family is being
proposed as a permitted rather than conditional use for eligible existing buildings meeting “A
Incentives” eligibility requirements in most residential zones and the I-Institutional zone. It is
believed that impacts on adjacent properties may be less with an existing building.
“B Incentives” – Preservation of a Principal Building:
o Building Eligibility: a previous draft proposed buildings needed to be at least 30 years old
to be eligible for the incentives. The current proposal has been changed to require buildings
to be at least 50 years old. It is believed that 30-year-old buildings are less likely to be
demolished than those 50 years old or older. Rather than a rolling date of buildings being at
least 30 or 50 years old, the Council could consider fixed date language requiring eligible
buildings to be built prior to 1976 as noted above.
o Single- and Two-Family Zoning Districts: The current proposal includes incentives for
single- and two-family zones. Creating a lot without public street frontage and reduced lot
width would not require a planned development. Lot area requirements would still apply in
the FR-1, FR-2, FR-3, R-1/12,000, 7,000, and 5,000 zoning districts.
Lot area requirements would not apply to SR-1/1A, and R-2 zones to incentivize dividing
properties and create additional units where two-family and twin homes are permitted but
limited by lot area requirements.
ANALYSIS OF STANDARDS
Attachment D (pages 28-29) 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 purposes, goals, objectives, and policies of the city as
stated through its various adopted planning documents.
Complies
Whether a proposed text amendment furthers the
specific purpose statements of the zoning ordinance.
Complies
Whether a proposed text amendment is consistent with
the purposes and provisions of any applicable overlay
zoning districts which may impose additional standards.
See below*
Page | 6
The extent to which a proposed text amendment
implements best current, professional practices of urban
planning and design.
Complies
* 10 overlay districts would be affected by the proposal. These are included on page 53 of the
Planning Commission staff report. Planning staff noted “The proposed amendments would be
limited by additional standards in many of these overlay zoning districts. The base and overlay
districts may provide additional standards and restrictions than provided for in these incentives.
Except as indicated with the proposed incentives, all base zoning district or overlay zoning district
standards and requirements take precedence over the proposed incentives.”
Planning stated the following related to Properties in the H Historic Preservation Overlay District:
Regarding properties that are subject to the H Historic Preservation Overlay District, which
includes properties within a local historic districts or local landmark sites, the proposed
incentives for adaptive reuse and preservation of principal buildings would not change the
historic standards, guidelines, or processes. The historic landmark commission, who is
authorized to implement the H Historic Preservation Overlay District, already has the
authority to modify base zoning district regulations, such as setbacks, height and lot coverage.
As a result of these authorized modifications, most properties subject to the H overlay only
need approval from the historic landmark commission. The projects that also require approval
from the planning commission are typically projects that include creating a lot that doesn’t
have public street frontage, necessitating a planned development. With the introduction of the
proposed incentives, the need for a planned development for such lots would be eliminated,
thereby making the approval process more efficient for properties subject to the H overlay.
PROJECT CHRONOLOGY
• February 16, 2023 – Mayor Mendenhall signed the petition initiation.
• April 17, 2023 – Initial information posted to the City’s online open house webpage.
• April 20, 2023 – Initial information emailed to recognized organizations, focus group and
stakeholders, for the purpose of gathering early feedback to inform the draft ordinance.
• July 18, 2023 – All recognized organizations were sent the 45-day required notice for text
amendments that included a draft ordinance for review. Focus group and stakeholders were also
provided with updated information with a draft ordinance for review.
• August 3, 2023 – Historic Landmark Commission briefing.
• August 21, 2023 – Planning staff presented at Sugar House Community Council Land Use
Committee.
• September 27, 2023 – Planning Commission briefing.
• October 11, 2023 – Proposal presented to Business Advisory Board.
• October 19, 2023 – Public hearing notice posted to City and State websites and a hearing notice
posted in the following public libraries: Main, Corinne & Jack Sweet Branch, Marmalade,
Fairpark, Glendale and Sprague.
• October 26, 2023 – Staff report for the Historic Landmark Commission hearing posted to
Planning’s website.
• November 2, 2023 – The Historic Landmark Commission held a public hearing and forwarded a
unanimous positive recommendation to the City Council.
Page | 7
• February 15, 2024 – Public hearing notice posted to City and State websites and a notice of the
hearing was posted in the following public libraries: Main, Corinne & Jack Sweet Branch,
Marmalade, Fairpark, Glendale and Sprague.
• February 21, 2024 – Staff report for Planning Commission hearing posted to Planning’s website.
• February 28, 2024 – The Planning Commission held a public hearing and forwarded a unanimous
positive recommendation to the City Council.
• April 3, 2024 – Ordinance requested from Attorney’s Office.
• April 22, 2024 – Ordinance from the Attorney’s Office received by Planning Division.
• May 2, 2024 – Transmittal received in City Council Office.
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_______________
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
Jill Love 05/23/2024
Jill Love (May 23, 2024 16:27 MDT)Date Received:
Jill Love, Chief Administrative Officer Date sent to Council: 05/23/2024
TO:Salt Lake City Council DATE: 05/02/2024
Victoria Petro, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
_
SUBJECT: Text Amendment - Zoning Incentives for Adaptive Reuse and Preservation of
Buildings
STAFF CONTACT: Amy Thompson, Planning Manager
amy.thompson@slcgov.com or 801-535-7281
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Adopt the Ordinance as recommended by the Planning Commission.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: This is a petition that was initiated by Mayor Erin Mendenhall to
make changes to the zoning ordinance to both encourage and support the adaptive reuse and
preservation of buildings. As the Salt Lake Valley continues to grow, the City’s older neighborhoods
and buildings face increasing pressure for redevelopment, presenting both challenges and
opportunities. This proposal addresses barriers that currently prevent the reuse of existing buildings
and introduces incentives into the zoning ordinance to encourage buildings to be retained rather
than demolished. The proposed amendments would apply citywide.
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
Preservation of a Principal Building – 21A.52.060.B (“B Incentives”)
To assist in developing the amendments, planning staff conducted research on several cities that
have adopted ordinances that offer incentives for adaptive reuse and preservation of existing
buildings. Key features that were researched include location of the program (certain
neighborhoods, specific zones, etc.), eligibility criteria, goals, and the types of incentives offered.
Additionally, a focus group was created to help staff better understand current challenges and
barriers to utilizing existing buildings. The focus group was largely made up of architects and
developers, some of which have specific experience with these types of projects.
Additionally, staff worked closely with the City’s Sustainability Division and Economic
Development/Business Development on the proposal.
SUMMARY OF PROPOSED AMENDMENTS:
The proposed ordinance changes would be in Chapter 21A.52, Zoning Incentives. The proposal creates
a new section within that chapter, “Building Preservation Incentives”, which is separated into two sub-
sections, “Adaptive Reuse for Additional Uses in Eligible Buildings” (21A.52.060.A), and
“Preservation of a Principal Building” (21A.52.060.B). Each sub-section is discussed in greater detail
below.
Adaptive Reuse for Additional Uses in Eligible Buildings – 21A.52.060.A (“A Incentives”)
The “A Incentives” are primarily a use incentive to allow for flexibility of uses in eligible
buildings, which usually include buildings that hold high artistic, historic, or cultural value, or large
underutilized structures that are part of the neighborhood fabric. The current zoning ordinance for
adaptive reuse of a landmark site allows nonresidential use of a landmark site in a residential zoning
district, subject to meeting standards related to preserving building character and
neighborhood compatibility. The proposed ordinance expands on this current process with the
following changes:
Broadens eligibility to include buildings that are individually listed on the National Register
of Historic Places, buildings formerly used for churches, schools, or hospitals, and other
culturally or historically significant buildings.
Allows residential uses in addition to the nonresidential uses already allowed through
this process. Additionally, the proposal would allow for residential uses in eligible buildings
in the Public Lands (PL) and Institutional (I) zones where the only residential use currently
allowed is living quarters for a caretaker or security guard.
Prohibit certain uses. Impactful uses were identified as prohibited because of their potential
for negative impacts on the surrounding neighborhood and to the eligible building.
Removes minimum square footage requirement. The current building square footage
minimum of 7,000 square feet is a significant obstacle to qualify for adaptive reuse incentives.
The “B Incentives” apply to the eligible building being preserved and can also apply to any
new construction on the same development site. In contrast to the “A Incentives,” this incentive is not
a use incentive; these “B Incentives” are zoning modifications to the base zoning requirements
for uses allowed in the zone. Projects that utilize the incentives in this subsection will be required to
adhere to specific design standards for the new construction, retain existing active commercial uses
on site, and enter into a restrictive covenant ensuring the eligible building used to qualify for the
incentives is retained for at least 30 years.
Eligibility: The “B Incentives” apply to new development projects that preserve a building that is
at least 50 years old and covers a minimum of 25% of the development site; a lower percentage may
be considered in certain circumstances.
Summary of “B Incentives”
Removes the planned development requirement for modifications that are commonly
requested through this process but are generally straightforward such as creating lots without
street frontage and having buildings on the same parcel without all buildings having public
street frontage.
Includes the addition of an Administrative Planned Development process for
certain zoning modifications to allow for a more streamlined review process for eligible
projects.
Removes minimum lot area and width requirements for all zones except single family
zoning districts.
Includes additional building height in various zoning districts through administrative
design review. Currently, there is no height incentive being offered in the single, two-family
and RMF zoning districts.
Reduces parking for eligible projects.
CONSIDERATIONS FOR CITY COUNCIL
Both the Historic Landmark Commission and Planning Commission held public hearings to
review the proposed text amendment and unanimously forwarded a positive recommendation of
approval to the City Council. Following these recommendations, staff identified the following
for Council consideration.
“B Incentive” Building Age Eligibility – The draft ordinance presented at the public
hearings includes language that eligible buildings must be a minimum of 50 years old.
Some planning commissioners expressed concerns with a rolling date and the ability for
later period buildings (1980’s/1990’s) to become eligible for the incentives in the near
future – typically, the development pattern of later eras may not be something worth
preserving. Instead of the eligibility language “at least 50 years old,” the council could
consider fixed date language that requires eligible buildings to be built prior to 1976.
Design Standards for New Construction Utilizing the “B Incentives” – Unless a
stricter design standard is required in the Design Standards chapter for the zoning district
the property is located in, projects utilizing the incentives have to meet specific design
standards outlined in the proposed ordinance. Staff is recommending some additional
changes to the following design standards in the proposal:
o Upper Floor Glass – The draft ordinance reviewed by the planning commission
requires the surface area of the facade of each floor to contain a minimum of 50%
glass, which can be reduced on the ground level for residential uses to 25%. After
looking at this closer, staff is of the opinion that the 50% threshold is too high for
the upper levels of the building. Currently, only the Downtown zones and the
Gateway Mixed Use (GMU) zones have an upper-level glass requirement of 50%
and it is difficult for projects in those zones to meet the existing requirement
without a request for a design review modification. The CG zone requires 25%, the
FB-UN and RMF-30 zones require 15%, and the rest of the zones do not have an
upper floor glass requirement. Staff is recommending reducing the upper floor
glazing requirement to 20% for projects that use the incentives. Zones that have a
higher % requirement in the Design Standards Chapter (21A.37) will still be subject
to the higher standard. Staff is also recommending adding some clarifying language,
so the glass requirements are consistent with the design standards chapter regarding
the location of ground floor glass (between 3-8 FT on the building) and
unobstructed visibility into the space.
o Building Entrances – Added language to the building entrances design standard
to address that entry features (un-enclosed entry porch, portico, awning or
canopy, or emphasized doorway) for required building entrances need to meet the
description in 21A.37.050.P for these entry features.
The above recommendations are reflected in ordinance version 2 if the Council decides they
would like these changes incorporated. If the Council does not want these changes incorporated,
they have been left out of ordinance version 1.
PUBLIC PROCESS:
Open House: On April 17, 2023, a virtual open house page was created on Planning’s website
and published via listserv. The initial information provided an introduction to the proposal to
gather feedback early on in the process, and information was continually updated with revised
draft ordinances and updated information throughout the process.
Initial Outreach: On April 20, 2023, all Salt Lake City recognized organizations, focus group
members, and stakeholders, were sent initial information for the purpose of gathering early
feedback to inform the draft ordinance.
Recognized Organizations: On July 18, 2023, the required 45-day notice and draft ordinance was
sent to all recognized organizations for feedback.
Community Council Meetings: On August 21, 2023, at the request of the chair, staff attended
the Sugar House Land Use Committee meeting to discuss the proposed text amendment and
answer any questions from the community.
Comments Received:
Comments from Recognized Organizations: The East Liberty Park Community
Organization & and the Sugar House Community Council provided letters in support of
the proposal. The Sugar House Community Council did express concerns with reducing
parking as an incentive.
Public Comments: Staff received four public comments in support of the proposal.
Historic Landmark Commission Public Hearing: On November 2, 2023, the Historic Landmark
Commission held a public hearing and voted unanimously to forward a positive recommendation
to the City Council. No one spoke during the public hearing.
Planning Commission Public Hearing: On February 28, 2024, the Planning Commission held a
public hearing and voted unanimously to forward a positive recommendation to the City Council.
One person spoke in favor of the proposal at the public hearing.
HISTORIC LANDMARK COMMISSION (HLC) RECORDS (click each item to access):
Briefing - August 3, 2023:
HLC Agenda
HLC Briefing Memo
HLC Minutes
Public Hearing - November 2, 2023:
HLC Agenda
HLC Staff Report
HLC Minutes
HLC Meeting Video
PLANNING COMMISSION (PC) RECORDS (click each item to access):
Briefing – September 27, 2023
PC Agenda
PC Briefing Memo
PC Minutes
PC Meeting Video
Public Hearing – February 28, 2024
PC Agenda
PC Staff Report
PC Minutes
PC Meeting Video
EXHIBITS:
1) Ordinance - Version 2
2) Ordinance – Version 1
3) Project Chronology
4) Notice of City Council Public Hearing
5) Petition Initiation
6) Public Comments Received After Publication of the Staff Report
1.ORDINANCE (VERSION 2)
1
LEGISLATIVE
1 SALT LAKE CITY ORDINANCE
2 No. of 2024
3
4 (Amending the zoning text of various sections of Title 21A of the Salt Lake City Code
5 pertaining to zoning incentives for adaptive reuse and preservation of buildings)
6
7 An ordinance amending the text of various sections of Title 21A of the Salt Lake City
8 Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to
9 Petition No. PLNPCM2023-00155.
10 WHEREAS, on February 28, 2024, the Salt Lake City Planning Commission (“Planning
11 Commission”) held a public hearing on a petition submitted by Salt Lake City Mayor, Erin
12 Mendenhall to amend the zoning code pertaining to zoning incentives for adaptive reuse and
13 preservation of buildings (Petition No. PLNPCM2023-00155); and
14 WHEREAS, at its February 28, 2024 meeting, the Planning Commission voted in favor
15 of forwarding a positive recommendation to the Salt Lake City Council on said petition;
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 Subsection 21A.10.015.A. That
21 Subsection 21A.10.015.A of the Salt Lake City Code (Zoning: General Application, Public
22 Engagement, and Public Noticing Procedures: Public Engagement: Land Use Projects Subject to
23 Public Engagement) shall be, and hereby is amended to read as follows:
24 A. Land Use Projects Subject to Public Engagement: The following are considered land use
25 projects for purposes of this chapter and are subject to the public engagement process and
26 requirements herein:
27
28 1. Request for an alley/street closure or vacation;
29 2. Amendments to Title 21A;
30 3. Conditional use applications;
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LEGISLATIVE
31 4. Design review applications, that are subject to review by the planning commission as
32 provided in Chapter 21A.59;
33 5. Applications to demolish one or more landmark sites or contributing structures
34 located within a local historic district;
35 6. Master plans, including amendments, to be adopted by the city council;
36 7. Requests for certificates of appropriateness required for new construction of principal
37 structures, except for single family and two family dwellings;
38 8. Planned development applications that are subject to review by the planning
39 commission as provided in Chapter 21A.55; and
40 9. Zoning map amendments.
41
42
43 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That
44 Subsection 21A.10.020.B of the Salt Lake City Code (Zoning: General Application, Public
45 Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special
46 Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to
47 read as follows:
48 B. Special Noticing Requirements for Administrative Approvals:
49
50 1. Notice of Application for Design Review and Planned Development:
51
52 a. Notification: At least twelve (12) days before a land use decision is made for an
53 administrative design review application as authorized in Chapter 21A.59 of this
54 title, or an administrative planned development as authorized by Chapter 21A.55
55 of this title, the planning director shall provide written notice to the following:
56 (1) All owners and identifiable tenants of the subject property, land abutting the
57 subject property, and land located directly across the street from the subject
58 property. In identifying the owners and tenants of the land the city shall use
59 the Salt Lake City geographic information system records.
60 (2) Recognized community organization(s) in which the subject property is
61 located.
62
63 b. Contents of the Notice of Application: The notice shall generally describe the
64 subject matter of the application, where the public may review the application, the
65 expected date when the planning director will authorize a final land use decision,
66 and the procedures to appeal the land use decision.
67
68 c. End of Notification Period: If the planning director receives comments identifying
69 concerns related to the design review application not complying with the
70 requirements of Chapter 21A.59, or the planned development not complying with
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LEGISLATIVE
71 the requirements of Chapter 21A.55, the planning director may refer the matter to
72 the planning commission for their review and decision on the application.
73
74
75 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.S. That
76 Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General
77 Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby
78 is amended to read as follows:
79
80 S. Compliance with Noise Regulations Required: Any construction work in residential zoning
81 districts shall comply with Section 9.28.040, “Noises Prohibited.”Adaptive Reuse Of A
82 Landmark Building In Residential Districts:
83 1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a residential
84 district is to preserve landmark sites as defined in subsection 21A.34.020B of this title. In some
85 instances these sites have outlived their original use due to economic conditions, size of the
86 building, and/or a substantial degree of deterioration of the historic property. Such sites,
87 however, still contribute to the welfare, property and education of the people of Salt Lake City
88 because of their historic, architectural or cultural significance. The Planning Commission shall
89 consider the allowance of a nonresidential use of a landmark site in a residential district
90 according to the qualifying provisions outlined in subsection S2a of this section and pursuant
91 to chapter 21A.54 of this title, in order to ensure that the residential character of the surrounding
92 environment is preserved.
93 2. Conditional Use Required: Where authorized by this title as shown in
94 section 21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of
95 this title, landmark sites in any residential district may be used for certain nonresidential uses.
96 a. Qualifying Provisions: In order to qualify for conditional use review by the
97 Planning Commission under section 21A.54.080, "Standards For Conditional Uses", of
98 this title, the applicant must demonstrate compliance with the following:
99 (1) The building is designated as a landmark site on the Salt Lake City
100 register of cultural resources. The designation process must be completed prior to the
101 City accepting a conditional use application for the structure unless the Planning
102 Director determines that it is in the best interest of the City to process the designation
103 and conditional use applications together.
104 (2) The landmark building shall have a minimum of seven thousand (7,000)
105 square feet of floor area, excluding accessory buildings.
106 (3) The new use will require minimal change as these features are important
107 in defining the overall historic character of the building and environment.
108 (4) The use is conducive to the preservation of the landmark site.
4
LEGISLATIVE
109 (5) Significant archaeological resources affected by the project shall be
110 protected and preserved. If such resources must be disturbed, mitigation measures
111 shall be undertaken.
112 (6) The use is compatible with the surrounding residential neighborhood.
113 (7) Distinctive features, finishes, and construction techniques or examples of
114 craftsmanship that characterize the property shall be preserved.
115 (8) The use does not result in the removal of residential characteristics of the
116 structure or site including mature landscaping.
117 (9) The change in use from residential to nonresidential is necessary due to
118 the excessive size of the landmark site for residential uses allowed in the residential
119 district, and/or demonstration that the building cannot reasonably be used for its
120 original intended use.
121 (10) The proposed use will not have a material net cumulative adverse
122 impact on the neighborhood or the City as a whole by considering the following:
123 (A) The spatial distribution of:
124 (i) Business licenses issued for properties located within three
125 hundred feet (300') of any property line and the block frontage on both sides
126 of the street between 100 series addresses; and
127 (ii) Previously approved conditional uses for nonresidential uses
128 in landmark sites within the same planning community, as shown on a map of
129 planning communities maintained by the Zoning Administrator.
130 (B) Impacts on neighboring properties including, but not limited to:
131 (i) Traffic;
132 (ii) Parking;
133 (iii) Signs;
134 (iv) Lighting;
135 (v) Removal of landscaping; and
136 (vi) For the purposes of evaluating subsections S2a(10)(B)(i)
137 through S2a(10)(B)(v) of this section, professionally prepared impact studies
138 shall not be required unless specifically requested by the Zoning
139 Administrator;
140 (vii) Noise, fumes or odors;
141 b. Credit For On Street Parking: Some or all of the off street parking spaces
142 required in section 21A.44.030 of this title may be met by the provision of on street
143 spaces. Such credit shall require the site plan review approval. Requests for on street
144 parking shall meet the following requirements:
5
LEGISLATIVE
145 (1) All on street parking facilities shall be designed in conformance with the
146 standards established by the City Transportation Engineer;
147 (2) Prior to approving any requests for on street parking, the development
148 review team shall determine that the proposed on street parking will not materially
149 adversely impact traffic movements and related public street functions; and
150 (3) Credit for on street parking shall be limited to the number of spaces
151 provided along the street frontage adjacent to the use.
152
153 SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That
154 Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General
155 Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its
156 entirety as follows:
157
158 W. Compliance With Noise Regulations Required: Any construction work in residential
159 zoning districts shall comply with section 9.28.040, "Noises Prohibited", of this Code.
160
161 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6.
162 That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF-
163 35 Moderate Density Multi-Family Residential District: Minimum Yard Requirements: Existing
164 Yards) shall be, and hereby is amended to read as follows:
165 6. Existing Yards: For buildings legally existing on April 12, 1995, the required yard
166 shall be no greater than the established setback line of the existing building unless the
167 proposed yard encroachment is to accommodate additional units. New principal
168 buildings must conform to current yard area requirements, unless the new principal
169 two-family dwelling or twin home has legal conforming status as outlined in
170 section 21A.38.070 of this title.
171
172 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.160.D. That
173 Subsection 21A.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB
174 Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is
6
LEGISLATIVE
175 amended only to eliminate the Land Use “A single dwelling unit located above first floor retail
176 or office uses” from the table in said subsection, with no other changes to the table:
177
178
179 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That
180 Subsection 21A.24.180.I of the Salt Lake City Code (Zoning: Residential Districts: RO
181 Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand
182 Square Feet) shall be, and hereby is amended to read as follows:
183 I. Offices iIn Existing Buildings oOn Lots Less Than Twenty Thousand Square Feet:
184 Offices occupying existing buildings are permitted on a five thousand (5,000) square foot
185 minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of
186 the existing building footprint or that exceed the height of the existing building shall be
187 subject to design review (chapter 21A.59 of this title) unless the existing building is using
188 the incentives in 21A.52.060.
189
190 SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That
191 Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General
192 Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the
193 CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is
194 repealed in its entirety as follows:
195
196 K. Bed And Breakfast Establishments And Reception Centers In Landmark Sites In The CN
197 Neighborhood Commercial And CB Community Business Districts:
198 1. Conditional Use Required: Where not otherwise authorized by this title and after
199 conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this
Land Use Minimum Lot Area Minimum Lot
Width
A single dwelling unit located above first floor
retail or office uses
Included in principal
use
Included in principal
use
7
LEGISLATIVE
200 title, landmark sites in a CN or CB District may be used for a bed and breakfast
201 establishment or reception center subject to the following standards:
202 a. Standards: In addition to the standards for conditional uses, section 21A.54.080 of
203 this title, the Planning Commission shall find the following:
204 (1) The structure is designated as a landmark site on the Salt Lake City Register of
205 Cultural Resources. The designation process must be completed prior to the City
206 accepting a conditional use application for the structure unless the Planning
207 Director determines that it is in the best interest of the City to process the
208 designation and conditional use applications at the same time because of the risk
209 of probable demolition;
210 (2) The use is conducive to the preservation of the landmark site;
211 (3) The use is compatible with the surrounding residential neighborhood; and
212 (4) The use does not result in the removal of residential characteristics of the
213 structure (if the structure is a residential structure), including mature landscaping.
214 b. Condition Of Approval: A preservation easement in favor of the City shall be placed
215 upon the landmark site.
216
217 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section
218 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
219 Conditional Uses for Residential Districts) shall be amended only as to the use categories “Adaptive
220 reuse of a landmark site”, “Dwelling, multi-family” and “Mixed use development” and to repeal
221 only the use category “Temporary use of closed schools and churches”, with no other changes to the
222 table, which aforementioned use categories shall read and appear in that table as follows:
8
223
Permitted And Conditional Uses By DistrictUse
FR-1/
43,560
FR-2/
21,780
FR-3/
12,000
R-1/
12,000
R-1/
7,000
R-1/
5,000
SR-1 SR-2 SR-3 R-2 RMF-
30
RMF-
35
RMF-
45
RMF-
75
RB R-MU-
35
R-MU-
45
R-MU RO
Adaptive
reuse for
additiona
l uses in
eligible
buildings
of a
landmark
site
C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 P8 P8 P8 P8 P86
Dwelling
, multi-
family
P8 P8 P8 P8 P8 P8 P8 P8 P8 P8 P P P P P P P P P
Mixed
use
develop
ment
P1 P P P P
Temporar
y use of
closed
schools
and
churches
C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19
224
LEGISLATIVE
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LEGISLATIVE
225
226 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the
227 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Residential
228 Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
229 Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to
230 notes “1”, “6”, “8” and “19” which shall appear in numerical order with the other notes and read as
231 follows:
232 1. Reserved. A single apartment unit may be located above first floor retail/office.
233
234 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50
235 percent of the building's footprint. Building additions greater than 50 percent of the
236 building's footprint or new office building construction are subject to a design review
237 unless the building qualifies for the incentives in 21A.52.060.
238
239 8. Subject to conformance with the provisions of sSubsection 21A.52.060.A 21A.24.010S
240 of this title.
241
242 19. Reserved. Subject to section 21A.36.170 of this title.
243
244
245
246 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section
247 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
248 Conditional Uses for Commercial Districts) shall be amended only as to the use category “Bed and
249 breakfast” and to repeal only the use categories “Adaptive reuse of a landmark site”, “House
250 museum in landmark sites” and “Offices and reception centers in landmark sites”, with no other
251 changes to the table, which aforementioned use categories shall read and appear in that table as
252 follows:
253
254
255
Use Permitted and Conditional Uses by District
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LEGISLATIVE
CN CB CS1 CC CSHBD1 CG SNB
Adaptive reuse
of a landmark
site
P P P P P P
Bed and
breakfast manor
C3 C3 P P P
House museum
in landmark sites
(see subsection
21A.24.010S of
this title)
C
Offices and
reception centers
in landmark sites
(see subsection
21A.24.010S of
this title)
C
257
258
259 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.030. That the
260 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Commercial
261 Districts of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
262 Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only as to
263 note “3” which shall appear in numerical order with the other notes and read as follows:
264 3. Reserved. When located in a building listed on the Salt Lake City register of cultural
265 resources (see subsections 21A.26.010S and 21A.26.010K of this title).
266
267 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.035. That Section
268 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
269 Conditional Uses for Transit Station Area Districts) is amended only to repeal the use categories
270 “Adaptive reuse of a landmark site”, “House museum in landmark sites” and “Offices and reception
271 centers in landmark sites”, in the Table of Permitted and Conditional Uses for Transit Station Area
272 Districts, with no other changes to the table, as follows:
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273
Permitted and Conditional Uses by District
TSA-UC TSA-UN TSA-MUEC TSA-SP
Use
Core Transition Core Transition Core Transition Core Transition
Adaptive
reuse of a
landmark site
P P P P P P P P
House
museum in
landmark
sites (see
subsection 2
1A.24.010S
of this title)
P P P P P P P P
Offices and
reception
centers in
landmark
sites (see
subsection
21A.24.010.
S of this
title)
P P P P P P P P
274
275
276 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section
277 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
278 Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category
279 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for
280 Manufacturing Districts, with no other changes to the table, as follows:
Permitted and Conditional Uses by DistrictUse
M-1 M-2
Adaptive reuse of a landmark site C C7
281
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LEGISLATIVE
282 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the
283 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Manufacturing
284 Districts of Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
285 Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as
286 to note “7” which shall appear in numerical order with the other notes and read as follows:
287 7. Reserved. Building additions on lots less than 20,000 square feet for office uses may not
288 exceed 50 percent of the building's footprint. Building additions greater than 50 percent
289 of the building's footprint or new office building construction are subject to a design
290 review.
291
292 SECTION 16. Amending the text of Salt Lake City Code Section 21A.33.050. That Section
293 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
294 Conditional Uses for Downtown Districts) shall be amended only to repeal the use category
295 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for Downtown
296 Districts, with no other changes to the table, as follows:
Permitted and Conditional Uses by DistrictUse
D-1 D-2 D-3 D-4
Adaptive reuse
of a landmark
site
P P P P4
298
299 SECTION 17. Amending the text of Salt Lake City Code Section 21A.33.050. That the
300 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Downtown
301 Districts of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
302 Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only as to
303 note “4” which shall appear in numerical order with the other notes and read as follows:
304 4. Reserved. Building additions on lots less than 20,000 square feet for office uses may not
305 exceed 50 percent of the building's footprint. Building additions greater than 50 percent
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LEGISLATIVE
306 of the building's footprint or new office building construction are subject to a design
307 review (chapter 21A.59 of this title).
308
309 SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
310 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
311 Conditional Uses in the Gateway District) shall be amended only to repeal the use category
312 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses in the Gateway
313 District, with no other changes to the table, as follows:
Use G-MU
Adaptive reuse of a landmark site P
314
315 SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
316 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
317 Conditional Uses for Special Purpose Districts) shall be amended only for the use categories
318 “Adaptive reuse of a landmark site” and “Dwelling: Multi-family”, in the Table of Permitted and
319 Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows:
14
320
Permitted and Conditional Uses by DistrictUse
RP BP FP AG AG-
2
AG-
5
AG-
20
OS NOS A PL PL-2 I UI MH EI MU
Adaptive
reuse for
additional
uses in
eligible
buildings
of a
landmark
site
C2 C2 C2 C2 P2 P2
Dwelling:
Multi-
family
P2 P2 P2 P P
321
LEGISLATIVE
15
LEGISLATIVE
322
323 SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the
324 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Special Purpose
325 Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
326 Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only
327 as to note “2” which shall appear in numerical order with the other notes and read as follows:
328 2. Subject to conformance with the provisions of Subsection 21A.52.060.A. When located
329 in a building listed on the Salt Lake City Register of Cultural Resources.
330
331 SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
332 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
333 Conditional Uses in Form Based Districts) shall be amended only as to the use categories “Adaptive
334 reuse of a landmark site”, “Dwelling: Multi-family”, and “Reception center” and to repeal only the
335 use categories “House museum in a landmark”, and “Office and/or reception center in a landmark
336 site”, in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes
337 to the table, as follows:
Permitted and Conditional Uses by DistrictUse
FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE
Adaptive reuse for additional uses
in eligible of a landmark buildings
C9 P
Dwelling:
Multi-family P9 P P P P
House museum in landmark site P P P P P
Office and/or Reception center in a
landmark site
P P P P
Reception center P P P P
338
339
16
LEGISLATIVE
340 SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the
341 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses in Form Based
342 Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
343 Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note
344 “9”, which shall appear in numerical order with the other notes and read as follows:
345 9. Subject to conformance with the provisions of Subsection 21A.52.060.A.
346
347 SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section
348 21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School
349 Buildings) is hereby repealed in its entirety as follows:
350 21A.36.170: RESERVEDUSE OF CHURCH AND SCHOOL BUILDINGS:
351 A. Change Of Use: In the PL, PL-2, I, UI or any residential district, a change of use of
352 any church or school to a use that is allowed as a permitted use or conditional use in the zoning
353 district may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this
354 title.
355 B. Temporary Use Of Closed Schools And Churches; Authorized As Conditional Use: The
356 temporary use of closed schools and churches may be allowed as a conditional use pursuant to
357 the provisions of chapter 21A.54 of this title, in the zoning districts indicated in the land use
358 tables of this title, provided that:
359 1. Use: The temporary use is for office space or educational purposes for public or private
360 charities.
361 2. Application: The application for a temporary use of a closed school or church shall
362 include, in addition to the application submission requirements of chapter 21A.54 of this title, the
363 following information:
364 a. Building Plans: As part of the application, the applicant shall provide a site plan drawn
365 to scale showing existing structures, auxiliary buildings, existing
366 parking and landscaping, and any proposed changes to the site. In converting the existing facility
367 to the proposed conditional use, no major exterior or interior alterations of the building shall be
368 made which render the building incompatible with a return to its use as a school or church; and
369 b. Use Plan: A proposed use plan including:
17
LEGISLATIVE
370 (1) Hours and days of operation,
371 (2) Evidence of noise, odor or vibration emissions,
372 (3) Evidence of the number of classes, including hours taught, days taught, and the
373 expected class size,
374 (4) Average number of clients per day and the frequency of turnover of the clients, and
375 (5) Number of employees, staff or volunteers, both total and expected to be on the
376 premises at any given time.
377 3. Prohibition: No provision of this section shall be construed to allow any use in a
378 closed school or church for retail, residential or industrial purposes, or any use involving any
379 type of correctional or institutional facility.
380 4. Ownership: The School Board or church shall remain the owner of the property during
381 the period of time for which the conditional use is granted and any change of ownership away
382 from the School Board or church shall immediately cause the conditional use to terminate.
383 5. Automatic Termination Of Use: If the School Board or church group determines that no
384 future public or religious use will be made of the building as a public school or church, the
385 conditional use as granted under this section shall immediately cease and the property shall
386 thereafter be used only for uses permitted in the zoning district.
387 6. Temporary Use: The conditional use provided by this section shall be temporary only.
388 The time of such use shall be subject to the decision of the Planning Commission based on its
389 consideration of the criteria specified in subsection B7 of this section. The Planning Commission
390 may authorize the conditional use for a period not to exceed five (5) years, which may be
391 renewed for additional periods not in excess of five (5) years.
392 7. Termination For Excess Use: If the Planning Commission determines that the conditional
393 use is being used substantially in excess of the plan for use submitted pursuant to subsection B2b
394 of this section, the Planning Commission may, after an informal hearing, revoke the conditional
395 use if it determines that the excess use is having a negative impact on the neighborhood.
396
397 SECTION 24. Amending the text of Subsection 21A.44.060.A.1 That Subsection
398 21A.44.060.A.1 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading:
399 Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building
400 Served), shall be and hereby is amended to read as follows:
401 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required
402 to serve buildings or uses erected or established after the effective date of this
403 ordinance shall be located on the same lot or parcel as the building or use served,
18
LEGISLATIVE
404 unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, "Off-Site Parking
405 Permitted", or 21A.55.020, “Planned Developments – Authority”.
406
407 SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That
408 Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall
409 be, and hereby is amended to read as follows:
410
411 21A.52.020 APPLICABILITY:
412 A. This chapter applies as indicated within each subsection.
413 B. The planned development process in Chapter 21A.55 is not required as indicated within
414 this chapter.
415 C. The administrative planned development process in Chapter 21A.55, and the
416 administrative design review process in Chapter 21A.59 may be applicable as indicated
417 within this chapter.
418
419 SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That
420 Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base
421 Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as
422 follows:
423
424 21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
425 ZONING DISTRICTS:
426 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
427 standards and requirements take precedence except as indicated in this section.
428
429 SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That
430 Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process)
431 shall be, and hereby is amended to read as follows:
432
433 21A.52.040: APPROVAL PROCESS:
19
LEGISLATIVE
434 Unless specifically exempted or modified by this chapter, all requirements of this title shall
435 apply.
436 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a
437 zoning incentives application and provide the following information:
438 1. The applicant's name, address, telephone number and interest in the property to which
439 the incentives shall apply;
440 2. The owner's name, address and telephone number, if different than the applicant, and
441 the owner's signed consent to the filing of the application;
442 3. The street address, tax parcel number and legal description of the subject property;
443 4. The zoning classification, zoning district boundaries and present use of the subject
444 property;
445 5. The location of all existing and proposed buildings and structures, accessory and
446 principal, showing the number of stories and height, dwelling type, if applicable,
447 major elevations and the total square footage of the floor area by proposed use and
448 any additional information required for site plan review set forth in Chapter 21A.58;
449 6. The total number of dwelling units in the project, the number of affordable units, the
450 number of bedrooms in the affordable units, the location of the affordable units, and
451 level of affordability; and
452 7. Any additional information required by Chapter 21A.59 design review or 21A.55
453 planned development, to demonstrate compliance with the requirements of this
454 chapter, as applicable; and
455 8. Any additional information the zoning administrator deems necessary to demonstrate
456 compliance with this chapter.
457 B. Preliminary approval shall authorize the preparation, filing and processing of applications
458 for any permits or approval that may be required by the city, including, but not limited to,
459 a building permit. Notwithstanding the foregoing, no permits shall be issued until final
460 approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a
461 period of one year unless complete building plans have been submitted to the Division of
462 Building Services.
463 C. Administrative design review and administrative planned development, where applicable,
464 shall be exempt from the application fees and noticing fees otherwise required pursuant
465 to Chapters 21A.59 and 21A.55.
466 D. Following the approval of any administrative design review or planned development
467 application, any future alteration to the property, building or site shall comply with the
468 approved design review application unless a modification is approved subject to the
469 process outlined in Chapters 21A.59 and 21A.55, as applicable.
470 E. Final approval shall occur following the recording of the restrictive covenant.
471 F. Preliminary and final approvals shall be administrative approvals by the planning director
472 or the planning director's designee.
473
474 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That
475 Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable
476 Housing Incentives: Purpose) shall be and hereby is amended to read as follows:
20
LEGISLATIVE
477
478 21A.52.050 AFFORDABLE HOUSING INCENTIVES:
479 A. Purpose: The incentives set forth in this section chapter are intended to encourage the
480 development of affordable housing. The provisions within this section are intended to
481 facilitate the construction of affordable housing by allowing more inclusive development
482 than would otherwise be permitted in the base zoning districts. Housing constructed using
483 the incentives is intended to be compatible in form with the neighborhood and provide for
484 safe and comfortable places to live and play.
485
486 SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3.
487 That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives:
488 Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows:
489
490 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General
491 Commercial, and I Institutional Zoning Districts:
492 a. The following housing types: row houses, sideways row houses, and cottage
493 developments are authorized provided the affordability requirements in
494 subsection b. are complied with;.
495 b. The minimum open space requirements in the I Institutional zoning district do
496 not apply.
497 c. To be eligible for the incentives listed in this subsection 3a., a development shall
498 meet the affordability requirements for Type C in Table 21A.52.050.G.
499
500 SECTION 30. Amending the text of Salt Lake City Code Chapter 21A.52. That Chapter
501 21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended
502 to add a new Section 21A.52.060, with no other revisions to the chapter, to read as follows:
503 21A.52.060: BUILDING PRESERVATION INCENTIVES:
504 The provisions in this section provide optional incentives to development projects that include
505 the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may
506 be combined with the incentives outlined in Subsection 21A.52.060.B.
507 A. Adaptive Reuse for Additional Uses in Eligible Buildings:
508
509 1. Purpose: To allow additional land uses in buildings that generally contribute to the
510 character of the city so they can be redeveloped for economically viable uses. These
21
LEGISLATIVE
511 buildings may be underutilized or have outlived their original use due to economic
512 conditions, size of the building, a substantial degree of deterioration of the property,
513 or other factors. Eligible buildings may hold historical or cultural significance or
514 contribute to the existing neighborhood fabric through their architectural features,
515 size, or previous use.
516
517 2. Applicability: The incentives in this subsection apply to adaptive reuse of a building
518 that meets the eligibility standards in 21A.52.060.A.3.
519
520 3. Eligibility Standards:
521 a. The following buildings are eligible for the incentives in this subsection:
522 (1) Landmark Sites;
523 (2) Buildings individually listed on the National Register of Historic Places;
524 (3) Buildings designed and formerly used for schools, hospitals, places of
525 worship, or other similar institutional uses; and
526 (4) Buildings that the planning director has deemed significant based on the
527 structure’s association with events that have contributed to broad patterns of
528 history, association with lives of persons important in the city’s past, or
529 displays distinctive characteristics of a type, period, or method of
530 construction.
531 b. Exterior features that are important in defining the overall character of the
532 building shall be retained.
533 c. Exterior alterations to the eligible building shall meet the standards in
534 21A.34.020.G.
535 d. The proposed use is conducive to the preservation of the building.
536 e. A change of use to a residential use is not permitted in the OS (Open Space)
537 zoning district.
538 f.If the eligible building is located in a residential zoning district, and the existing
539 use is residential, a change of use to nonresidential is not permitted.
540 g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate
541 of Appropriateness in accordance with 21A.34.020.
542 4. Incentives:
543 a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use
544 may be allowed as a permitted or conditional use in zoning districts where
545 Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use
546 tables in Chapter 21A.33, subject to the provisions in this subsection and any
547 specific provisions applicable to the use in this title. Any conditional use shall be
548 reviewed pursuant to the procedures and standards outlined in Chapter 21A.54.
549 (1) Prohibited Uses: A change of use to one of the following uses is prohibited:
550 Ambulance services (indoor and outdoor), amusement park, auditorium, bio-
551 medical facility, bus line station/terminal, bus line yard and repair facility, car
552 wash, check cashing/payday loan business, community correctional facility
553 (large and small), contractor’s yard/office, drive-through facility associated
554 with any use, equipment rental (indoor and outdoor), gas station, heliport,
555 hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind
556 energy system, laundry and dry cleaning establishments, limousine service
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LEGISLATIVE
557 (large and small), heavy manufacturing, pet cemetery, recycling collection
558 station, sexually oriented business, sign painting/fabrication, storage
559 (outdoor), public storage (outdoor), wireless telecommunications facility,
560 homeless resource centers, and any other uses that are only allowed in the
561 manufacturing districts.
562 b. Parking and Loading: The following are the minimum off-street parking and
563 loading requirements for the eligible building. These minimums may be further
564 reduced with the alternatives to minimum parking calculations in 21A.44.050.
565 (1) Multi-Family: 0.5 off-street parking space per dwelling unit is required;
566 (2) Nonresidential: The minimum number of required off-street parking spaces
567 for the proposed use listed in the general context of the required off-street
568 parking table in 21A.44 may be reduced by 40%;
569 (3) Existing Parking Below the Minimum: If the existing parking for the eligible
570 building does not meet the minimum off-street parking requirements above,
571 no additional parking shall be required;
572 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
573 c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements
574 of the zoning district do not apply for the adaptive reuse in all zoning districts. In
575 the RMF-30 zoning district, the minimum lot size per dwelling unit does not
576 apply.
577
578 5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection
579 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of
580 which shall be approved by the city attorney. The restrictive covenant shall be
581 recorded on the property with the Salt Lake County Recorder prior to issuance of a
582 building permit for a building using the incentives. The restrictive covenant shall run
583 with the land for the duration of the adaptive reuse and shall provide for the
584 following, without limitation:
585 a. Acknowledge the use of the incentives, the nature of the approval, and any
586 conditions thereof;
587 b. Shall guarantee that the physical elements of the eligible building used to qualify
588 for the incentives shall remain in substantially the same form and exterior features
589 important to the character of the building shall be preserved for the duration of the
590 adaptive reuse or if subject to 21A.34.020, indefinitely unless otherwise permitted
591 by the terms of a certificate of appropriateness;
592 c. The terms of compliance with all applicable regulations and the potential
593 enforcement actions for any violation of the restrictive covenant.
594
595 6. Modifications to Approved Adaptive Reuse: Any modification to the use approved
596 under these incentives requires a new zoning incentives application. Any new
597 adaptive reuse shall also require a new zoning incentives application unless the new
598 use is permitted in the table of permitted and conditional uses for the zoning district.
599
600 7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the
601 property as set forth in 21A.52.060.A.5, shall be investigated and prosecuted pursuant
602 to 21A.20. The city shall have additional remedies or financial penalties for
23
LEGISLATIVE
603 violations as identified in the terms of the restrictive covenant required by Subsection
604 21A.52.060.A.5, which shall be reasonably related to enforcement of the
605 requirements and purpose of Subsection 21A.52.060.A.
606
607 B. Preservation of a Principal Building:
608
609 1. Purpose: The incentives set forth in this section are intended to encourage the
610 preservation of buildings, supporting city goals related to sustainability,
611 neighborhoods, economy, and housing. The provisions are designed to support
612 developments that include preserving an eligible building by allowing flexibility with
613 certain zoning regulations while still maintaining the unique urban fabric and
614 character of neighborhoods.
615
616 2. Applicability: The incentives in this subsection apply to projects in all zoning districts
617 that preserve an existing principal building that meets the eligibility standards in
618 21A.52.060.B.3. These incentives may be applied to existing principal buildings and
619 new construction within the same development area. For the purposes of this
620 subsection, the development area may include multiple abutting lots or parcels.
621
622 3. Eligibility Standards:
623 a. Building Age: The existing building to be preserved was built prior to 1976.
624 b. Minimum Footprint of Eligible Building: The footprint of the eligible building to
625 be preserved covers a minimum of 25% of the development area. A lower
626 percentage may be considered by the planning director if the building has frontage
627 on a public street, contains a publicly accessible use such as retail, restaurant, or
628 entertainment, or would be highly visible from public spaces within the interior of
629 the site.
630 c. Retention of All Existing Principal Structures: In the FR-1, FR-2, FR-3, R -
631 1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, SR-3, and all RMF zoning
632 districts, all existing principal structures included in the overall development area
633 shall be retained.
634 d. Modifications to Existing Building: A maximum of 25% of each street facing
635 building wall may be removed to accommodate modifications or additions. No
636 more than 50% of the building’s exterior walls may be removed. Portions of a
637 building wall with character defining architectural features shall not be removed.
638 e. Retention of Existing Active Commercial Uses: Eligible buildings with existing
639 active commercial uses with ground level street frontage are subject to the
640 following requirements. For the purpose of this subsection, active commercial
641 uses are those that support the vibrancy and usability of the public realm adjacent
642 to a building and encourage pedestrian activity and walk-in traffic. Active uses
643 may include retail goods/service establishments, restaurants, bars, art and craft
644 studios, or other uses determined to be substantially similar in terms of activation
645 by the planning director.
646 (1) A minimum of 50% of the length shall be retained along the street frontage in
647 the existing building or be included as part of the new development. If
648 included in the new development, the active commercial use shall have the
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LEGISLATIVE
649 primary entrance on the street frontage with direct public access from the
650 street frontage.
651 (2) The existing depth of the active commercial use shall be maintained or a
652 minimum depth of 25 feet, whichever is less.
653 (3) These requirements do not apply to nonconforming active commercial uses
654 with ground level street frontage.
655
656 4. Incentives:
657 a. Planned Development Waived: A planned development is not required for the
658 following:
659 (1) More Than One Principal Building Per Lot: More than one principal building
660 per lot is allowed without having frontage along a public street.
661 (2) Lots without Frontage on a Public Street: Lots do not require frontage on a
662 public street if necessary cross access easements are provided.
663 b. Administrative Planned Development: The following are authorized through an
664 administrative planned development pursuant to the procedures and standards in
665 Chapter 21A.55. The minimum planned development size required by
666 21A.55.060 does not apply:
667 (1) Modification to the minimum yard requirements.
668 (2) Modification to the open space and landscaping requirements when the
669 modification specifically relates to preserving the existing building(s).
670 (3) Modifications to the provisions for awnings and canopies, balconies, patios,
671 and porches in Table 21A.36.020.B, Obstructions in Required Yards.
672 (4) Modifications to the parking location and setback requirements in Table
673 21A.44.060.A.
674 (5) Parking within the boundary of a planned development area but located on a
675 different parcel or lot than the use(s) it is intended to serve, is allowed and is
676 not considered off-site parking. The parking must only serve the uses within
677 the planned development area unless otherwise authorized by other provisions
678 of this title.
679 c.Minimum Lot Area, Width & Coverage:
680 (1) The minimum lot width for the land use found in the minimum lot area and lot
681 width tables of the zoning district does not apply.
682 (2) The minimum lot area for the land use found in the minimum lot area and lot
683 width tables of the zoning district only applies for the following zoning
684 districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000.
685 (3) RMF-30 zoning district: The minimum lot size per dwelling unit does not
686 apply.
687 (4) Lot coverage may be calculated for the overall development area not the
688 individual lot or parcel within the development area.
689 d.Height: Additional building height is authorized in zoning districts as indicated in
690 the following sections through administrative design review. The maximum
691 height per story of the additional building height incentive shall not exceed 12
692 feet. Administrative design review shall be reviewed pursuant to the procedures
693 and standards in Chapter 21A.59. The additional height authorized by this
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LEGISLATIVE
694 subsection shall not be combined with the additional height authorized by
695 Subsection 21A.52.050, Affordable Housing Incentives.
696
697 (1) Residential districts:
Zoning District Permitted Maximum Height with Incentive
RMU-35 45’, regardless of abutting use or zone.
RMU-45 55’, regardless of abutting use or zone.
RB 1 additional story equal to or less than the average height of the
other stories in the building.
RMU 3 additional stories equal to or less than the average height of the
other stories in the building.
RO 1 additional story equal to or less than the average height of the
other stories in the building.
698
699 (2) Commercial Districts:
Zoning District Permitted Maximum Height with Incentive
CB 1 additional story equal to or less than the average height of the
other stories in the building.
CN May build one additional story equal to or less than the average
height of the other stories in the building.
CC 45’
CG 2 additional stories equal to or less than the average height of
the other stories in the building.
3 additional stories equal to or less than the average height of
the other stories in the building for properties in the boundary
described in 21A.26.070.G.
CSHBD1 105’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
CSHBD2 60’ and 1 additional story equal to or less than the average
height of the other stories in the building.
TSA-Transition 1 additional story equal to or less than the average height of the
other stories in the building.
TSA-Core 2 additional stories equal to or less than the average height of
the other stories in the building.
700
26
LEGISLATIVE
701 (3) Form-based districts:
Zoning District Permitted Maximum Height with Incentive
MU-8 90’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
FB-MU11 125’ and 3 additional stories equal to or less than the average
height of the other stories in the building.
FB-UN2 1 additional story equal to the average height of the other stories
in the building.
FB-SC 1 additional story equal to the average height of the other stories
in the building.
FB-SE 1 additional story equal to the average height of the other stories
in the building.
FB-UN1 3 stories and 30’ in height.
702
703 (4) Downtown districts:
Zoning District Permitted Maximum Height with Incentive
D-2 120’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
D-3 180’ and 3 additional stories equal to or less than the average
height of the other stories in the building.
704
705 (5) Other districts:
Zoning District Permitted Maximum Height with Incentive
GMU 180’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
MU 60’ provided that the additional height is for residential uses
only.
I Building heights in excess of 35' but not more than 75'
provided, that for each foot of height over 35', each required
yard shall be increased 1'.
UI Building heights in excess of 75' but not more 120' provided
that the additional height is supported by the master plan and
compatible with the adjacent neighborhood.
OS – Lots greater than 4
acres
Building heights in excess of 45’ up to 60’ provided that for
each foot of height over 45’, each required yard and landscaped
yard shall be increased by 1’.
706
27
LEGISLATIVE
707
708 e. Administrative design review is permitted for the following:
709 (1) Buildings in the CSHBD1 or CSHBD2 zoning district that exceed 20,000
710 square feet in size.
711 (2) Buildings in the CB zoning district that exceed 7,500 gross square feet of floor
712 area for a first-floor footprint or in excess of 15,000 gross square feet floor
713 area.
714 f. Parking: The following are the minimum off-street parking requirements unless a
715 lesser requirement is listed in the required off-street parking table in 21A.44.
716 These minimums may be further reduced with the alternatives to minimum
717 parking calculations in 21A.44.050.
718 (1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling
719 unit for all other residential uses.
720 (2) Nonresidential: The minimum number of required off-street parking spaces
721 for the proposed use listed in the required off-street parking table in 21A.44
722 may be reduced by 40%.
723 (3) Existing Parking Below the Minimum: If the existing parking for the eligible
724 building does not meet the minimum off-street parking requirements above,
725 no additional parking shall be required.
726 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
727
728 g. Minimum Required Yards: The minimum required yards may apply to the
729 perimeter of the development area and not to the individual lot or parcel within
730 the development area.
731
732 5. Design Standards for New Construction: Unless a stricter design standard related to
733 each of the following is included in the base zone or Chapter 21A.37, the following
734 design standards are required for all zones except single and two-family zoning
735 districts:
736 a. Building Materials: Other than windows and doors, 50% of any street facing
737 facade shall be clad in durable materials. Durable materials include stone, brick,
738 masonry, textured or patterned concrete, fiber cement board or other material that
739 includes a minimum manufacturer warranty of 20 years from color fading,
740 weather, and local climate induced degradation of the material. Other materials
741 may be used for the remainder of the facade facing the street. Other materials
742 proposed to satisfy the durable requirement may be approved at the discretion of
743 the planning director if it is found that the proposed material is durable and is
744 appropriate for the proposed location on the building.
745 b. Ground Floor Glass: The surface area of the ground floor of a street facing façade
746 shall contain a minimum percentage of glass as indicated below, calculated
747 between 3 feet and 8 feet above grade. All ground floor glass shall allow
748 unhampered and unobstructed visibility into the building for a depth of at least 5
749 feet, excluding any glass etching and window signs when installed and permitted
750 in accordance with Chapter 21A.46, "Signs", of this title.
751 (1) Nonresidential Uses: 50% ground floor glass
752 (2) Residential Uses: If the ground level of the building is occupied by residential
753 uses that face the street, the minimum glass requirement is 20%.
28
LEGISLATIVE
754 c. Upper Floor Glass: The surface area of the façade of each street facing floor
755 above the ground floor must contain a minimum of 20% glass.
756 d. Maximum Length of a Blank Wall: The maximum length of any blank wall
757 uninterrupted by windows or doors at the ground floor level along any street
758 facing façade is 15 feet. Emergency exit doors and doors to access structured
759 parking or utility equipment shall not count as an interruption.
760 e. Maximum Length of Street Facing Facades:
761 (1) The maximum length of each street facing building facade shall not exceed
762 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts.
763 (2) The maximum length of each street facing building façade shall not
764 exceed 175 feet in all other zoning districts.
765 f.Building Entrances: A building entrance that provides direct access to the use
766 with a walkway connected to the public sidewalk is required for each ground floor
767 street facing façade as follows:
768 (1) Single Family Attached: All units abutting a street shall have the primary
769 entrance on the street.
770 (2) Multi-family: At least one building entrance is required for each street facing
771 façade. Additional building entrances shall be required every 75 feet.
772 (3) Unless the base zone of the property has specific entry feature requirements,
773 all required residential building entries shall have an unenclosed entry porch,
774 portico, awning or canopy, or emphasized doorway entry feature as described
775 in 21A.37.050.P. The entry feature may encroach in the front yard setback,
776 but the encroachment shall not be closer than 5 feet from the front property
777 line.
778 (4) Nonresidential Uses: At least one building entrance is required for each street
779 facing façade. Additional building entrances shall be required every 40 feet.
780 g. Garage Doors Facing Street: Garage doors are prohibited on the façade of the
781 building that is parallel to, or located along, a public street.
782 h. Screening of Mechanical Equipment: All mechanical equipment shall be screened
783 from public view and sited to minimize their visibility and impact. Examples of
784 siting include on the roof, enclosed or otherwise integrated into the architectural
785 design of the building, or in a rear or side yard area subject to yard location
786 restrictions found in Section 21A.36.020, Table 21A.36.020B, “Obstructions In
787 Required Yards”.
788
789 6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection
790 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of
791 which shall be approved by the city attorney. The restrictive covenant shall be
792 recorded on the property with the Salt Lake County Recorder prior to issuance of a
793 building permit for a building using the incentives. The restrictive covenant shall run
794 with the land and shall provide for the following, without limitation:
795 a. Acknowledge the use of the incentives, the nature of the approval, and any
796 conditions thereof;
797 b. Shall guarantee that the physical elements of the eligible building used to qualify
798 for the incentives shall remain in substantially the same form and exterior features
799 important to the character of the building shall be preserved during the term;
800 c. Projects that apply the incentives to new buildings on the development site shall
801 guarantee retention of the eligible building used to qualify for the incentives for a
29
LEGISLATIVE
802 minimum term of 30 years or, if the eligible building is subject to 21A.34.020,
803 indefinitely unless otherwise permitted by the terms of a certificate of
804 appropriateness after such 30 year period;
805 d. The terms of compliance with all applicable regulations and the city’s potential
806 remedies for any violation of the restrictive covenant.
807
808 7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the
809 property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant
810 to 21A.20. The city shall have additional remedies or financial penalties for violations
811 as identified in the terms of the restrictive covenant required by Subsection
812 21A.52.060.B.6, which shall be reasonably related to enforcement of the
813 requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a
814 violation of the covenant may include liquidated damages representing a reasonable
815 estimate of the value of the incentives, plus other associated damages valued up to
816 20% of the tax assessed value of the preserved building over the three preceding
817 years.
818
819
820 SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That
821 Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall
822 be, and hereby is amended to read as follows:
823
824 21A.55.020: AUTHORITY:
825 A. Administrative Review: The planning director may approve, approve with
826 modifications, deny, or refer to the planning commission modifications to specific
827 zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying
828 provisions in 21A.52.060.B in accordance with the standards and procedures set forth in
829 this chapter and other regulations applicable to the district in which the property is
830 located.
831
832 B. Planning Commission Review: The Pplanning Ccommission may approve planned
833 developments for uses listed in the tables of permitted and conditional uses for each
834 category of zoning district or districts. The approval shall be in accordance with the
835 standards and procedures set forth in this chapter and other regulations applicable to the
836 district in which the property is located.
837 In approving a planned development, the Pplanning Ccommission may change, alter,
838 modify or waive the following provisions of this title:
839 1A. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ccity's
840 subdivision regulations as they apply to the proposed planned development except
841 that the Pplanning Ccommission cannot approve a use that is not allowed in the
842 zoning district in which the planned development is located, with the exception of
843 off-site parking as further described in this section.
30
LEGISLATIVE
844 2B. Off-Site Parking: Off-site pParking within the boundary of a planned development
845 area, but located on a different parcel or lot than the use(s) it is intended to serve, is
846 in zoning districts where off-site parking is not an allowed and not considered off-
847 site parking use. The parking must only serve the uses be located within the planned
848 development area unless otherwise authorized by other provisions of this title.
849 3C.Building Height: Up to five feet (5') of additional building height, except in the FR,
850 R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be
851 approved through the planned development process.
852 4D.Density: Residential planned developments shall not exceed the density limitation
853 of the zoning district where the planned development is proposed except as allowed
854 below. The calculation of planned development density may include open space that
855 is provided as an amenity to the planned development. Public streets located within
856 or adjacent to a planned development shall not be included in the planned
857 development area for the purpose of calculating density.
858 a1. In the RMF Zzoning Ddistricts and on lots 0.20 acres or more in size,
859 developments that change a nonconforming commercial use to a residential use
860 that is allowed in the zoning district are exempt from the density limitations of
861 the zoning district when approved as a planned development.
862
863 SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That
864 Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning
865 Commission Decision) shall be and hereby is amended to read as follows:
866
867 21A.55.030: PLANNING COMMISSION DECISION:
868
869 A. No Presumption Oof Approval: A request for a planned development does not constitute
870 an assurance or presumption that such planned development will be approved. Rather,
871 each proposed planned development shall be evaluated on an individual basis, in relation
872 to its compliance with the standards and factors set forth in this chapter and with the
873 standards for the zoning district in which it is located, in order to determine whether the
874 planned development is appropriate at a particular location.
875
876 B. Approval: The Pplanning Ccommission or planning director in the case of administrative
877 planned developments, may approve a planned development as proposed or may impose
878 conditions necessary or appropriate for the planned development to comply with the
879 standards and factors set forth in this chapter.
880
881 C. Denial: The Pplanning Ccommission or planning director in the case of administrative
882 planned developments, may deny an application for a planned development if it finds that
883 the proposal does not meet the intent of the base zoning district, does not meet the
31
LEGISLATIVE
884 purpose of this chapter, or is not consistent with the standards and factors as set forth in
885 this chapter.
886
887
888 SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That
889 Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures)
890 shall be and hereby is amended to read as follows:
891
892 21A.55.040: PROCEDURES:
893
894 A. Application: An application for a planned development shall be made on an application
895 form prepared by the zoning administrator and accompanied by applicable fees as noted
896 in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible
897 for payment of all mailing fees established for required public noticing. The applicant
898 must file an application for planned development approval with the Planning Director. A
899 complete application shall contain at least the following information submitted by the
900 applicant, unless certain information is determined by the zoning administrator Planning
901 Director to be inapplicable or unnecessary to appropriately evaluate the application. The
902 application submittal shall include one paper copy and one digital copy:
903
904 1. A complete description of the proposed planned development including the zoning
905 regulations being modified in the planned development and the planning objectives
906 being met;
907 2. When the proposed planned development includes provisions for common open space
908 or recreational facilities, a statement describing the provision to be made for the care
909 and maintenance of such open space or recreational facilities;
910 3. A written statement with supporting graphics showing how the proposed planned
911 development is compatible with other property in the neighborhood;
912 4. Plans, as required pursuant to sSection 21A.58.060 of this title, with the exception of
913 the number of copies required;
914 5. Architectural graphics including floor plans, elevations, profiles and cross sections;
915 6. A preliminary subdivision plat, if required;
916 7. Traffic impact analysis, where required by the City Transportation Division; and
917 8. Other information or documentation the zoning administratorPlanning Director may
918 deem necessary for proper review and analysis of a particular application.
919
920 B. Determination Oof Completeness: Upon receipt of an application for a planned
921 development, the zoning administratorPlanning Director shall make a determination of
922 completeness of the application pursuant to sSection 21A.10.010 of this title.
923
924 C. Public Notification and Engagement:
925
32
LEGISLATIVE
926 1. Notice of Application for Administrative Review: Prior to the approval of an
927 application that qualifies for administrative review, the planning director shall
928 provide written notice as provided in Chapter 21A.10.020.B.
929
930 2. Required Notice for Planning Commission Review:
931 a. Applications subject to planning commission review are subject to the notification
932 requirements of Chapter 2.60.
933 b. Any required public hearing is subject to the public hearing notice requirements
934 found in Chapter 21A.10.
935
936 Staff Report: Upon completing a site plan review and receiving recommendations from
937 applicable City department(s)/division(s), a staff report evaluating the planned development
938 application shall be prepared by the Planning Division and forwarded to the applicant and the
939 Planning Commission.
940
941 D. Public Hearing: The Planning Commission shall hold a public hearing to review the
942 planned development application in accordance with the standards and procedures set
943 forth in chapter 21A.10 of this title.
944
945 E. Planning Commission Action: Following the public hearing, the Planning Commission
946 shall decide, on the basis of the standards contained in section 21A.55.050 of this chapter
947 whether to approve, approve with modifications or conditions, or deny the application.
948
949 F. Notification Of Decision: The Planning Director shall notify the applicant of the decision
950 of the Planning Commission in writing, accompanied by one copy of the submitted plans
951 marked to show such decision and a copy of the motion approving, approving with
952 modifications, or denying the development plan application.
953
954
955 SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That
956 Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for
957 Planned Developments) shall be, and hereby is amended, as to the preamble only with
958 Subsections A through G unchanged:
959
960 21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS:
961
962 The Pplanning Ccommission, or the planning director in the case of an administrative planned
963 development, may approve, approve with conditions, or deny a planned development based upon
964 written findings of fact according to each of the following standards. It is the responsibility of the
965 applicant to provide written and graphic evidence demonstrating compliance with the following
966 standards:
967
33
LEGISLATIVE
968
969 SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That
970 Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the
971 Planning Commission Decision) shall be and hereby is amended to read as follows:
972
973 21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION:
974 Any person adversely affected by a final decision of the Pplanning Ccommission or planning
975 director in the case of administrative planned developments, on an application for a planned
976 development may appeal to the Aappeals Hhearing Oofficer in accordance with the provisions
977 of cChapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome
978 of the appeal, except as provided for under sSection 21A.16.030F of this title.
979
980 SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That
981 Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on
982 Approved Planned Development) shall be and hereby is amended to read as follows:
983
984 21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT:
985 No planned development approval shall be valid for a period longer than one year unless a
986 building permit has been issued or complete building plans have been submitted to the Division
987 of Building Services and Licensing. The Pplanning Ccommission or planning director in the case
988 of an administrative planned development, may grant an extension of a planned development for
989 up to one additional year when the applicant is able to demonstrate no change in circumstance
990 that would result in an unmitigated impact. Extension requests must be submitted prior to the
991 expiration of the planned development approval.
992
993 SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That
994 Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of
995 Approval of Planned Development) shall be and hereby is amended to read as follows:
996
997 21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT:
34
LEGISLATIVE
998
999
1000
1001
1002
1003
1004
1005
1006
The approval of a proposed planned development by the Pplanning Ccommission or planning
director in the case of an administrative planned development, shall not authorize the
establishment or extension of any use nor the development, construction, reconstruction,
alteration or moving of any building or structure, but shall authorize the preparation, filing and
processing of applications for any permits or approvals that may be required by the regulations
of the Ccity, including, but not limited to, a building permit, a certificate of occupancy and
subdivision approval.
SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That
1007 Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
to Development Plan) shall be and hereby is amended to read as follows:
21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN:
Following planned development approval, the development plan approved by the Pplanning
Ccommission or planning director in the case of an administrative planned development, shall
constitute the site design in relation to building placement and design, landscaping, mobility and
circulation elements, and any elements that were approved as zoning modifications through the
planned development process. Modifications to the development plan may be allowed pursuant
to this section.
A. New Application Required Ffor Modifications Aand Amendments: No substantial
Mmodifications or amendments shall be made in the construction, development or use
without a new application under subject to the provisions of this section.title. Minor
modifications or amendments may be made subject to written approval of the Planning
Director and the date for completion may be extended by the Planning Commission upon
recommendation of the Planning Director.
B. Minor Modifications: The Pplanning Ddirector may authorize minor modifications to the
approved development plan pursuant to the provisions for modifications to an approved
site plan as set forth in chapter 21A.58 of this title when such modifications appear
necessary in light of technical or engineering considerations necessary to comply with an
adopted building, fire, or engineering code or standard or when the modification complies
with the applicable standards in the underlying zoning district or overlay district. Such
minor modifications shall be limited to the following elements:
1. Adjusting the distance as shown on the approved development plan between any
one structure or group of structures, and any other structure or group of structures,
or any vehicular circulation element or any boundary of the site;
2. Adjusting the location of any open space;
35
LEGISLATIVE
1034 3. Adjusting any final grade;
1035 4. Altering the types of landscaping elements and their arrangement within the
1036 required landscaping buffer area;
1037 5. Signs;
1038 6. Relocation or construction of accessory structures that comply with the provisions
1039 of 21A.40 and any applicable accessory structure regulations; or
1040 7. Additions which comply with the lot and bulk requirements of the underlying
1041 zone.
1042 Such minor modifications shall be consistent with the intent and purpose of this title and
1043 the development plan as approved pursuant to this chapter and shall be the minimum
1044 necessary to overcome the particular difficulty comply with the standards of the
1045 underlying zoning district or the applicable building, fire, or engineering code or standard
1046 and shall not be approved if such modifications would result in a violation of any
1047 standard or requirement of this title. A minor modification shall not be approved if the
1048 modification reduces a required building setback, authorizes an increase in lot coverage,
1049 or increases building height.
1050 C. Major Modifications: Any modifications to the approved development plan not
1051 authorized by sSubsection B of this section shall be considered to be a major
1052 modification. The Pplanning Ccommission or planning director in the case of an
1053 administrative planned development, shall give notice to all property owners consistent
1054 with notification requirements located in chapter 21A.10 of this title. The Pplanning
1055 Ccommission or planning director in the case of an administrative planned development,
1056 may approve an application for a major modification to the approved development plan,
1057 not requiring a modification of written conditions of approval or recorded easements,
1058 upon finding that any changes in the plan as approved will be in substantial conformity
1059 with the approved development plan. If the commission or planning director in the case
1060 of an administrative planned development, determines that a major modification is not in
1061 substantial conformity with the approved development plan, then the commission or
1062 planning director in the case of an administrative planned development, shall review the
1063 request in accordance with the procedures set forth in this section.
1064 D. Other Modifications: Any modification to the planned development that complies with
1065 the standards of the underlying zoning district or overlay zoning district is allowed
1066 provided the modification does not violate a condition of approval or other requirement
1067 placed on the planned development as part of the approval of the application and required
1068 permits and approvals are obtained.
1069
36
LEGISLATIVE
1070 SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That
1071 Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority:
1072 Administrative Review) shall be, and hereby is amended to read as follows:
1073 A. Administrative Review: The planning director may approve, approve with modifications,
1074 deny or refer to the planning commission modifications to specific design standards when
1075 proposed as new construction, an addition or modification to the exterior of an existing
1076 structure, or a modification to an existing structure as authorized in Section 21A.59.040,
1077 Table 21A.59.040 of this chapter or when authorized in the specific zoning district
1078 elsewhere in this title.
1079 1. The director shall approve a request to modify a design standard if the director
1080 finds that the proposal complies with the purpose of the individual zoning district,
1081 the purpose of the individual design standards that are applicable to the project,
1082 the proposed modification is compatible with the development pattern of other
1083 buildings on the block face or on the block face on the opposite side of the street,
1084 and the project is compliant with the applicable design review objectives
1085 (Section 21A.59.050 of this chapter).
1086 2. The director may approve a request to modify a design standard with conditions
1087 or modifications to the design if the director determines a modification is
1088 necessary to comply with the purpose of the base zoning district, the purpose of
1089 the applicable design standards of the base zoning, to achieve compatibility with
1090 the development pattern of other buildings on the block face or on the block face
1091 on the opposite side of the street, or to achieve the applicable design review
1092 objectives.
1093 3. The director shall deny a request to modify a design standard if the design does
1094 not comply with the purpose of the base zoning district, the purpose of the
1095 applicable design standards or the applicable design review objectives and no
1096 modifications or conditions of approval can be applied that would make the
1097 design comply.
1098 4. The director may forward a request to modify a design standard to the planning
1099 commission if the director finds that the request for modification is greater than
1100 allowed by this chapter, a person receiving notice of the proposed modification
1101 can demonstrate that the request will negatively impact their property, or at the
1102 request of the applicant if the director is required to deny the request as provided
1103 in this section.
1104
37
LEGISLATIVE
1105 SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That
1106 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall
1107 be, and hereby is amended to read as follows:
1108 a. Amending the definition of “ADAPTIVE REUSE OF A LANDMARK
1109 BUILDING.” That the definition shall be amended to read as follows:
1110 ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF A LANDMARK
1111 BUILDINGS: The process of reusing a building for a purpose other than which it was built or
1112 designed for landmark buildings original use is no longer feasible. Other land uses, in addition to
1113 those specifically listed in the land use tables, may be allowed as a permitted or conditional use
1114 subject to the provisions in Subsection 21A.52.060.A.
1115
1116 b. Amending the definition of “PARKING, OFF SITE.” That the definition of
1117 “PARKING, OFF SITE” shall be amended to read as follows:
1118 PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is
1119 located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within
1120 the boundary of a planned development that only serves uses within the planned development
1121 area is not considered off-site parking.
1122 c. Repealing the definition “HOUSE MUSEUM IN A LANDMARK SITE” as
1123 follows:
1124 HOUSE MUSEUM IN LANDMARK SITE: A dwelling unit which is converted from its original
1125 principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or
1126 historic purposes. Such museum should include a staff who commands an appropriate body of
1127 special knowledge necessary to convey the historical, aesthetic or architectural attributes of the
1128 building and its collections to the general public. Such staff should also have the ability to reach
1129 museological decisions consonant with the experience of his or her peers and have access to and
1130 acquaintance with the literature of the field. Such museum should maintain either regular hours
1131 or be available for appointed visits such that access is reasonably convenient to the public.
1132
1133 SECTION 15. Effective Date. This Ordinance shall become effective on the date of its
1134 first publication.
38
LEGISLATIVE
1135
1136
1137
1138
1139
2024.
Passed by the City Council of Salt Lake City, Utah, this day of ,
CHAIRPERSON
1140
1141
1142
ATTEST AND COUNTERSIGN:
1143
1144
1145
1146
1147
1148
1149
1150
1151
1152
1153
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: Approved. Vetoed.
MAYOR
1154
1155
1156
1157
1158
1159
1160
1161
CITY RECORDER
(SEAL)
Bill No. of 2024.
Published: .
Adaptive Reuse Preservation Incentives_Opt2(legislative)v1
2.ORDINANCE (VERSION 1)
1
LEGISLATIVE
1 SALT LAKE CITY ORDINANCE
2 No. of 2024
3
4 (Amending the zoning text of various sections of Title 21A of the Salt Lake City Code
5 pertaining to zoning incentives for adaptive reuse and preservation of buildings)
6
7 An ordinance amending the text of various sections of Title 21A of the Salt Lake City
8 Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to
9 Petition No. PLNPCM2023-00155.
10 WHEREAS, on February 28, 2024, the Salt Lake City Planning Commission (“Planning
11 Commission”) held a public hearing on a petition submitted by Salt Lake City Mayor, Erin
12 Mendenhall to amend the zoning code pertaining to zoning incentives for adaptive reuse and
13 preservation of buildings (Petition No. PLNPCM2023-00155); and
14 WHEREAS, at its February 28, 2024 meeting, the Planning Commission voted in favor
15 of forwarding a positive recommendation to the Salt Lake City Council on said petition;
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 Subsection 21A.10.015.A. That
21 Subsection 21A.10.015.A of the Salt Lake City Code (Zoning: General Application, Public
22 Engagement, and Public Noticing Procedures: Public Engagement: Land Use Projects Subject to
23 Public Engagement) shall be, and hereby is amended to read as follows:
24 A. Land Use Projects Subject to Public Engagement: The following are considered land use
25 projects for purposes of this chapter and are subject to the public engagement process and
26 requirements herein:
27
28 1. Request for an alley/street closure or vacation;
29 2. Amendments to Title 21A;
30 3. Conditional use applications;
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LEGISLATIVE
31 4. Design review applications, that are subject to review by the planning commission as
32 provided in Chapter 21A.59;
33 5. Applications to demolish one or more landmark sites or contributing structures
34 located within a local historic district;
35 6. Master plans, including amendments, to be adopted by the city council;
36 7. Requests for certificates of appropriateness required for new construction of principal
37 structures, except for single family and two family dwellings;
38 8. Planned development applications that are subject to review by the planning
39 commission as provided in Chapter 21A.55; and
40 9. Zoning map amendments.
41
42
43 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That
44 Subsection 21A.10.020.B of the Salt Lake City Code (Zoning: General Application, Public
45 Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special
46 Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to
47 read as follows:
48 B. Special Noticing Requirements for Administrative Approvals:
49
50 1. Notice of Application for Design Review and Planned Development:
51
52 a. Notification: At least twelve (12) days before a land use decision is made for an
53 administrative design review application as authorized in Chapter 21A.59 of this
54 title, or an administrative planned development as authorized by Chapter 21A.55
55 of this title, the planning director shall provide written notice to the following:
56 (1) All owners and identifiable tenants of the subject property, land abutting the
57 subject property, and land located directly across the street from the subject
58 property. In identifying the owners and tenants of the land the city shall use
59 the Salt Lake City geographic information system records.
60 (2) Recognized community organization(s) in which the subject property is
61 located.
62
63 b. Contents of the Notice of Application: The notice shall generally describe the
64 subject matter of the application, where the public may review the application, the
65 expected date when the planning director will authorize a final land use decision,
66 and the procedures to appeal the land use decision.
67
68 c. End of Notification Period: If the planning director receives comments identifying
69 concerns related to the design review application not complying with the
70 requirements of Chapter 21A.59, or the planned development not complying with
3
LEGISLATIVE
71 the requirements of Chapter 21A.55, the planning director may refer the matter to
72 the planning commission for their review and decision on the application.
73
74
75 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.S. That
76 Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General
77 Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby
78 is amended to read as follows:
79
80 S. Compliance with Noise Regulations Required: Any construction work in residential zoning
81 districts shall comply with Section 9.28.040, “Noises Prohibited.”Adaptive Reuse Of A
82 Landmark Building In Residential Districts:
83 1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a residential
84 district is to preserve landmark sites as defined in subsection 21A.34.020B of this title. In some
85 instances these sites have outlived their original use due to economic conditions, size of the
86 building, and/or a substantial degree of deterioration of the historic property. Such sites,
87 however, still contribute to the welfare, property and education of the people of Salt Lake City
88 because of their historic, architectural or cultural significance. The Planning Commission shall
89 consider the allowance of a nonresidential use of a landmark site in a residential district
90 according to the qualifying provisions outlined in subsection S2a of this section and pursuant
91 to chapter 21A.54 of this title, in order to ensure that the residential character of the surrounding
92 environment is preserved.
93 2. Conditional Use Required: Where authorized by this title as shown in
94 section 21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of
95 this title, landmark sites in any residential district may be used for certain nonresidential uses.
96 a. Qualifying Provisions: In order to qualify for conditional use review by the
97 Planning Commission under section 21A.54.080, "Standards For Conditional Uses", of
98 this title, the applicant must demonstrate compliance with the following:
99 (1) The building is designated as a landmark site on the Salt Lake City
100 register of cultural resources. The designation process must be completed prior to the
101 City accepting a conditional use application for the structure unless the Planning
102 Director determines that it is in the best interest of the City to process the designation
103 and conditional use applications together.
104 (2) The landmark building shall have a minimum of seven thousand (7,000)
105 square feet of floor area, excluding accessory buildings.
106 (3) The new use will require minimal change as these features are important
107 in defining the overall historic character of the building and environment.
108 (4) The use is conducive to the preservation of the landmark site.
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LEGISLATIVE
109 (5) Significant archaeological resources affected by the project shall be
110 protected and preserved. If such resources must be disturbed, mitigation measures
111 shall be undertaken.
112 (6) The use is compatible with the surrounding residential neighborhood.
113 (7) Distinctive features, finishes, and construction techniques or examples of
114 craftsmanship that characterize the property shall be preserved.
115 (8) The use does not result in the removal of residential characteristics of the
116 structure or site including mature landscaping.
117 (9) The change in use from residential to nonresidential is necessary due to
118 the excessive size of the landmark site for residential uses allowed in the residential
119 district, and/or demonstration that the building cannot reasonably be used for its
120 original intended use.
121 (10) The proposed use will not have a material net cumulative adverse
122 impact on the neighborhood or the City as a whole by considering the following:
123 (A) The spatial distribution of:
124 (i) Business licenses issued for properties located within three
125 hundred feet (300') of any property line and the block frontage on both sides
126 of the street between 100 series addresses; and
127 (ii) Previously approved conditional uses for nonresidential uses
128 in landmark sites within the same planning community, as shown on a map of
129 planning communities maintained by the Zoning Administrator.
130 (B) Impacts on neighboring properties including, but not limited to:
131 (i) Traffic;
132 (ii) Parking;
133 (iii) Signs;
134 (iv) Lighting;
135 (v) Removal of landscaping; and
136 (vi) For the purposes of evaluating subsections S2a(10)(B)(i)
137 through S2a(10)(B)(v) of this section, professionally prepared impact studies
138 shall not be required unless specifically requested by the Zoning
139 Administrator;
140 (vii) Noise, fumes or odors;
141 b. Credit For On Street Parking: Some or all of the off street parking spaces
142 required in section 21A.44.030 of this title may be met by the provision of on street
143 spaces. Such credit shall require the site plan review approval. Requests for on street
144 parking shall meet the following requirements:
5
LEGISLATIVE
145 (1) All on street parking facilities shall be designed in conformance with the
146 standards established by the City Transportation Engineer;
147 (2) Prior to approving any requests for on street parking, the development
148 review team shall determine that the proposed on street parking will not materially
149 adversely impact traffic movements and related public street functions; and
150 (3) Credit for on street parking shall be limited to the number of spaces
151 provided along the street frontage adjacent to the use.
152
153 SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That
154 Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General
155 Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its
156 entirety as follows:
157
158 W. Compliance With Noise Regulations Required: Any construction work in residential
159 zoning districts shall comply with section 9.28.040, "Noises Prohibited", of this Code.
160
161 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6.
162 That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF-
163 35 Moderate Density Multi-Family Residential District: Minimum Yard Requirements: Existing
164 Yards) shall be, and hereby is amended to read as follows:
165 6. Existing Yards: For buildings legally existing on April 12, 1995, the required yard
166 shall be no greater than the established setback line of the existing building unless the
167 proposed yard encroachment is to accommodate additional units. New principal
168 buildings must conform to current yard area requirements, unless the new principal
169 two-family dwelling or twin home has legal conforming status as outlined in
170 section 21A.38.070 of this title.
171
172 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.160.D. That
173 Subsection 21A.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB
174 Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is
6
LEGISLATIVE
175 amended only to eliminate the Land Use “A single dwelling unit located above first floor retail
176 or office uses” from the table in said subsection, with no other changes to the table:
177
178
179 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That
180 Subsection 21A.24.180.I of the Salt Lake City Code (Zoning: Residential Districts: RO
181 Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand
182 Square Feet) shall be, and hereby is amended to read as follows:
183 I. Offices iIn Existing Buildings oOn Lots Less Than Twenty Thousand Square Feet:
184 Offices occupying existing buildings are permitted on a five thousand (5,000) square foot
185 minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of
186 the existing building footprint or that exceed the height of the existing building shall be
187 subject to design review (chapter 21A.59 of this title) unless the existing building is using
188 the incentives in 21A.52.060.
189
190 SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That
191 Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General
192 Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the
193 CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is
194 repealed in its entirety as follows:
195
196 K. Bed And Breakfast Establishments And Reception Centers In Landmark Sites In The CN
197 Neighborhood Commercial And CB Community Business Districts:
198 1. Conditional Use Required: Where not otherwise authorized by this title and after
199 conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this
Land Use Minimum Lot Area Minimum Lot
Width
A single dwelling unit located above first floor
retail or office uses
Included in principal
use
Included in principal
use
7
LEGISLATIVE
200 title, landmark sites in a CN or CB District may be used for a bed and breakfast
201 establishment or reception center subject to the following standards:
202 a. Standards: In addition to the standards for conditional uses, section 21A.54.080 of
203 this title, the Planning Commission shall find the following:
204 (1) The structure is designated as a landmark site on the Salt Lake City Register of
205 Cultural Resources. The designation process must be completed prior to the City
206 accepting a conditional use application for the structure unless the Planning
207 Director determines that it is in the best interest of the City to process the
208 designation and conditional use applications at the same time because of the risk
209 of probable demolition;
210 (2) The use is conducive to the preservation of the landmark site;
211 (3) The use is compatible with the surrounding residential neighborhood; and
212 (4) The use does not result in the removal of residential characteristics of the
213 structure (if the structure is a residential structure), including mature landscaping.
214 b. Condition Of Approval: A preservation easement in favor of the City shall be placed
215 upon the landmark site.
216
217 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section
218 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
219 Conditional Uses for Residential Districts) shall be amended only as to the use categories “Adaptive
220 reuse of a landmark site”, “Dwelling, multi-family” and “Mixed use development” and to repeal
221 only the use category “Temporary use of closed schools and churches”, with no other changes to the
222 table, which aforementioned use categories shall read and appear in that table as follows:
8
223
Permitted And Conditional Uses By DistrictUse
FR-1/
43,560
FR-2/
21,780
FR-3/
12,000
R-1/
12,000
R-1/
7,000
R-1/
5,000
SR-1 SR-2 SR-3 R-2 RMF-
30
RMF-
35
RMF-
45
RMF-
75
RB R-MU-
35
R-MU-
45
R-MU RO
Adaptive
reuse for
additiona
l uses in
eligible
buildings
of a
landmark
site
C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 P8 P8 P8 P8 P86
Dwelling
, multi-
family
P8 P8 P8 P8 P8 P8 P8 P8 P8 P8 P P P P P P P P P
Mixed
use
develop
ment
P1 P P P P
Temporar
y use of
closed
schools
and
churches
C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19
224
LEGISLATIVE
9
LEGISLATIVE
225
226 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the
227 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Residential
228 Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
229 Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to
230 notes “1”, “6”, “8” and “19” which shall appear in numerical order with the other notes and read as
231 follows:
232 1. Reserved. A single apartment unit may be located above first floor retail/office.
233
234 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50
235 percent of the building's footprint. Building additions greater than 50 percent of the
236 building's footprint or new office building construction are subject to a design review
237 unless the building qualifies for the incentives in 21A.52.060.
238
239 8. Subject to conformance with the provisions of sSubsection 21A.52.060.A 21A.24.010S
240 of this title.
241
242 19. Reserved. Subject to section 21A.36.170 of this title.
243
244
245
246 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section
247 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
248 Conditional Uses for Commercial Districts) shall be amended only as to the use category “Bed and
249 breakfast” and to repeal only the use categories “Adaptive reuse of a landmark site”, “House
250 museum in landmark sites” and “Offices and reception centers in landmark sites”, with no other
251 changes to the table, which aforementioned use categories shall read and appear in that table as
252 follows:
253
254
255
Use Permitted and Conditional Uses by District
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LEGISLATIVE
CN CB CS1 CC CSHBD1 CG SNB
Adaptive reuse
of a landmark
site
P P P P P P
Bed and
breakfast manor
C3 C3 P P P
House museum
in landmark sites
(see subsection
21A.24.010S of
this title)
C
Offices and
reception centers
in landmark sites
(see subsection
21A.24.010S of
this title)
C
257
258
259 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.030. That the
260 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Commercial
261 Districts of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
262 Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only as to
263 note “3” which shall appear in numerical order with the other notes and read as follows:
264 3. Reserved. When located in a building listed on the Salt Lake City register of cultural
265 resources (see subsections 21A.26.010S and 21A.26.010K of this title).
266
267 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.035. That Section
268 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
269 Conditional Uses for Transit Station Area Districts) is amended only to repeal the use categories
270 “Adaptive reuse of a landmark site”, “House museum in landmark sites” and “Offices and reception
271 centers in landmark sites”, in the Table of Permitted and Conditional Uses for Transit Station Area
272 Districts, with no other changes to the table, as follows:
11
LEGISLATIVE
273
Permitted and Conditional Uses by District
TSA-UC TSA-UN TSA-MUEC TSA-SP
Use
Core Transition Core Transition Core Transition Core Transition
Adaptive
reuse of a
landmark site
P P P P P P P P
House
museum in
landmark
sites (see
subsection 2
1A.24.010S
of this title)
P P P P P P P P
Offices and
reception
centers in
landmark
sites (see
subsection
21A.24.010.
S of this
title)
P P P P P P P P
274
275
276 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section
277 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
278 Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category
279 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for
280 Manufacturing Districts, with no other changes to the table, as follows:
Permitted and Conditional Uses by DistrictUse
M-1 M-2
Adaptive reuse of a landmark site C C7
281
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282 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the
283 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Manufacturing
284 Districts of Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
285 Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as
286 to note “7” which shall appear in numerical order with the other notes and read as follows:
287 7. Reserved. Building additions on lots less than 20,000 square feet for office uses may not
288 exceed 50 percent of the building's footprint. Building additions greater than 50 percent
289 of the building's footprint or new office building construction are subject to a design
290 review.
291
292 SECTION 16. Amending the text of Salt Lake City Code Section 21A.33.050. That Section
293 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
294 Conditional Uses for Downtown Districts) shall be amended only to repeal the use category
295 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for Downtown
296 Districts, with no other changes to the table, as follows:
Permitted and Conditional Uses by DistrictUse
D-1 D-2 D-3 D-4
Adaptive reuse
of a landmark
site
P P P P4
298
299 SECTION 17. Amending the text of Salt Lake City Code Section 21A.33.050. That the
300 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Downtown
301 Districts of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
302 Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only as to
303 note “4” which shall appear in numerical order with the other notes and read as follows:
304 4. Reserved. Building additions on lots less than 20,000 square feet for office uses may not
305 exceed 50 percent of the building's footprint. Building additions greater than 50 percent
13
LEGISLATIVE
306 of the building's footprint or new office building construction are subject to a design
307 review (chapter 21A.59 of this title).
308
309 SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
310 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
311 Conditional Uses in the Gateway District) shall be amended only to repeal the use category
312 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses in the Gateway
313 District, with no other changes to the table, as follows:
Use G-MU
Adaptive reuse of a landmark site P
314
315 SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
316 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
317 Conditional Uses for Special Purpose Districts) shall be amended only for the use categories
318 “Adaptive reuse of a landmark site” and “Dwelling: Multi-family”, in the Table of Permitted and
319 Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows:
14
320
Permitted and Conditional Uses by DistrictUse
RP BP FP AG AG-
2
AG-
5
AG-
20
OS NOS A PL PL-2 I UI MH EI MU
Adaptive
reuse for
additional
uses in
eligible
buildings
of a
landmark
site
C2 C2 C2 C2 P2 P2
Dwelling:
Multi-
family
P2 P2 P2 P P
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322
323 SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the
324 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Special Purpose
325 Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
326 Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only
327 as to note “2” which shall appear in numerical order with the other notes and read as follows:
328 2. Subject to conformance with the provisions of Subsection 21A.52.060.A. When located
329 in a building listed on the Salt Lake City Register of Cultural Resources.
330
331 SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
332 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
333 Conditional Uses in Form Based Districts) shall be amended only as to the use categories “Adaptive
334 reuse of a landmark site”, “Dwelling: Multi-family”, and “Reception center” and to repeal only the
335 use categories “House museum in a landmark”, and “Office and/or reception center in a landmark
336 site”, in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes
337 to the table, as follows:
Permitted and Conditional Uses by DistrictUse
FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE
Adaptive reuse for additional uses
in eligible of a landmark buildings
C9 P
Dwelling:
Multi-family P9 P P P P
House museum in landmark site P P P P P
Office and/or Reception center in a
landmark site
P P P P
Reception center P P P P
338
339
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340 SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the
341 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses in Form Based
342 Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
343 Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note
344 “9”, which shall appear in numerical order with the other notes and read as follows:
345 9. Subject to conformance with the provisions of Subsection 21A.52.060.A.
346
347 SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section
348 21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School
349 Buildings) is hereby repealed in its entirety as follows:
350 21A.36.170: RESERVEDUSE OF CHURCH AND SCHOOL BUILDINGS:
351 A. Change Of Use: In the PL, PL-2, I, UI or any residential district, a change of use of
352 any church or school to a use that is allowed as a permitted use or conditional use in the zoning
353 district may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this
354 title.
355 B. Temporary Use Of Closed Schools And Churches; Authorized As Conditional Use: The
356 temporary use of closed schools and churches may be allowed as a conditional use pursuant to
357 the provisions of chapter 21A.54 of this title, in the zoning districts indicated in the land use
358 tables of this title, provided that:
359 1. Use: The temporary use is for office space or educational purposes for public or private
360 charities.
361 2. Application: The application for a temporary use of a closed school or church shall
362 include, in addition to the application submission requirements of chapter 21A.54 of this title, the
363 following information:
364 a. Building Plans: As part of the application, the applicant shall provide a site plan drawn
365 to scale showing existing structures, auxiliary buildings, existing
366 parking and landscaping, and any proposed changes to the site. In converting the existing facility
367 to the proposed conditional use, no major exterior or interior alterations of the building shall be
368 made which render the building incompatible with a return to its use as a school or church; and
369 b. Use Plan: A proposed use plan including:
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370 (1) Hours and days of operation,
371 (2) Evidence of noise, odor or vibration emissions,
372 (3) Evidence of the number of classes, including hours taught, days taught, and the
373 expected class size,
374 (4) Average number of clients per day and the frequency of turnover of the clients, and
375 (5) Number of employees, staff or volunteers, both total and expected to be on the
376 premises at any given time.
377 3. Prohibition: No provision of this section shall be construed to allow any use in a
378 closed school or church for retail, residential or industrial purposes, or any use involving any
379 type of correctional or institutional facility.
380 4. Ownership: The School Board or church shall remain the owner of the property during
381 the period of time for which the conditional use is granted and any change of ownership away
382 from the School Board or church shall immediately cause the conditional use to terminate.
383 5. Automatic Termination Of Use: If the School Board or church group determines that no
384 future public or religious use will be made of the building as a public school or church, the
385 conditional use as granted under this section shall immediately cease and the property shall
386 thereafter be used only for uses permitted in the zoning district.
387 6. Temporary Use: The conditional use provided by this section shall be temporary only.
388 The time of such use shall be subject to the decision of the Planning Commission based on its
389 consideration of the criteria specified in subsection B7 of this section. The Planning Commission
390 may authorize the conditional use for a period not to exceed five (5) years, which may be
391 renewed for additional periods not in excess of five (5) years.
392 7. Termination For Excess Use: If the Planning Commission determines that the conditional
393 use is being used substantially in excess of the plan for use submitted pursuant to subsection B2b
394 of this section, the Planning Commission may, after an informal hearing, revoke the conditional
395 use if it determines that the excess use is having a negative impact on the neighborhood.
396
397 SECTION 24. Amending the text of Subsection 21A.44.060.A.1 That Subsection
398 21A.44.060.A.1 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading:
399 Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building
400 Served), shall be and hereby is amended to read as follows:
401 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required
402 to serve buildings or uses erected or established after the effective date of this
403 ordinance shall be located on the same lot or parcel as the building or use served,
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404 unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, "Off-Site Parking
405 Permitted", or 21A.55.020, “Planned Developments – Authority”.
406
407 SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That
408 Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall
409 be, and hereby is amended to read as follows:
410
411 21A.52.020 APPLICABILITY:
412 A. This chapter applies as indicated within each subsection.
413 B. The planned development process in Chapter 21A.55 is not required as indicated within
414 this chapter.
415 C. The administrative planned development process in Chapter 21A.55, and the
416 administrative design review process in Chapter 21A.59 may be applicable as indicated
417 within this chapter.
418
419 SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That
420 Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base
421 Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as
422 follows:
423
424 21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
425 ZONING DISTRICTS:
426 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
427 standards and requirements take precedence except as indicated in this section.
428
429 SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That
430 Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process)
431 shall be, and hereby is amended to read as follows:
432
433 21A.52.040: APPROVAL PROCESS:
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434 Unless specifically exempted or modified by this chapter, all requirements of this title shall
435 apply.
436 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a
437 zoning incentives application and provide the following information:
438 1. The applicant's name, address, telephone number and interest in the property to which
439 the incentives shall apply;
440 2. The owner's name, address and telephone number, if different than the applicant, and
441 the owner's signed consent to the filing of the application;
442 3. The street address, tax parcel number and legal description of the subject property;
443 4. The zoning classification, zoning district boundaries and present use of the subject
444 property;
445 5. The location of all existing and proposed buildings and structures, accessory and
446 principal, showing the number of stories and height, dwelling type, if applicable,
447 major elevations and the total square footage of the floor area by proposed use and
448 any additional information required for site plan review set forth in Chapter 21A.58;
449 6. The total number of dwelling units in the project, the number of affordable units, the
450 number of bedrooms in the affordable units, the location of the affordable units, and
451 level of affordability; and
452 7. Any additional information required by Chapter 21A.59 design review or 21A.55
453 planned development, to demonstrate compliance with the requirements of this
454 chapter, as applicable; and
455 8. Any additional information the zoning administrator deems necessary to demonstrate
456 compliance with this chapter.
457 B. Preliminary approval shall authorize the preparation, filing and processing of applications
458 for any permits or approval that may be required by the city, including, but not limited to,
459 a building permit. Notwithstanding the foregoing, no permits shall be issued until final
460 approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a
461 period of one year unless complete building plans have been submitted to the Division of
462 Building Services.
463 C. Administrative design review and administrative planned development, where applicable,
464 shall be exempt from the application fees and noticing fees otherwise required pursuant
465 to Chapters 21A.59 and 21A.55.
466 D. Following the approval of any administrative design review or planned development
467 application, any future alteration to the property, building or site shall comply with the
468 approved design review application unless a modification is approved subject to the
469 process outlined in Chapters 21A.59 and 21A.55, as applicable.
470 E. Final approval shall occur following the recording of the restrictive covenant.
471 F. Preliminary and final approvals shall be administrative approvals by the planning director
472 or the planning director's designee.
473
474 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That
475 Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable
476 Housing Incentives: Purpose) shall be and hereby is amended to read as follows:
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477
478 21A.52.050 AFFORDABLE HOUSING INCENTIVES:
479 A. Purpose: The incentives set forth in this section chapter are intended to encourage the
480 development of affordable housing. The provisions within this section are intended to
481 facilitate the construction of affordable housing by allowing more inclusive development
482 than would otherwise be permitted in the base zoning districts. Housing constructed using
483 the incentives is intended to be compatible in form with the neighborhood and provide for
484 safe and comfortable places to live and play.
485
486 SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3.
487 That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives:
488 Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows:
489
490 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General
491 Commercial, and I Institutional Zoning Districts:
492 a. The following housing types: row houses, sideways row houses, and cottage
493 developments are authorized provided the affordability requirements in
494 subsection b. are complied with;.
495 b. The minimum open space requirements in the I Institutional zoning district do
496 not apply.
497 c. To be eligible for the incentives listed in this subsection 3a., a development shall
498 meet the affordability requirements for Type C in Table 21A.52.050.G.
499
500 SECTION 30. Amending the text of Salt Lake City Code Chapter 21A.52. That Chapter
501 21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended
502 to add a new Section 21A.52.060, with no other revisions to the chapter, to read as follows:
503 21A.52.060: BUILDING PRESERVATION INCENTIVES:
504 The provisions in this section provide optional incentives to development projects that include
505 the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may
506 be combined with the incentives outlined in Subsection 21A.52.060.B.
507 A. Adaptive Reuse for Additional Uses in Eligible Buildings:
508
509 1. Purpose: To allow additional land uses in buildings that generally contribute to the
510 character of the city so they can be redeveloped for economically viable uses. These
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511 buildings may be underutilized or have outlived their original use due to economic
512 conditions, size of the building, a substantial degree of deterioration of the property,
513 or other factors. Eligible buildings may hold historical or cultural significance or
514 contribute to the existing neighborhood fabric through their architectural features,
515 size, or previous use.
516
517 2. Applicability: The incentives in this subsection apply to adaptive reuse of a building
518 that meets the eligibility standards in 21A.52.060.A.3.
519
520 3. Eligibility Standards:
521 a. The following buildings are eligible for the incentives in this subsection:
522 (1) Landmark Sites;
523 (2) Buildings individually listed on the National Register of Historic Places;
524 (3) Buildings designed and formerly used for schools, hospitals, places of
525 worship, or other similar institutional uses; and
526 (4) Buildings that the planning director has deemed significant based on the
527 structure’s association with events that have contributed to broad patterns of
528 history, association with lives of persons important in the city’s past, or
529 displays distinctive characteristics of a type, period, or method of
530 construction.
531 b. Exterior features that are important in defining the overall character of the
532 building shall be retained.
533 c. Exterior alterations to the eligible building shall meet the standards in
534 21A.34.020.G.
535 d. The proposed use is conducive to the preservation of the building.
536 e. A change of use to a residential use is not permitted in the OS (Open Space)
537 zoning district.
538 f.If the eligible building is located in a residential zoning district, and the existing
539 use is residential, a change of use to nonresidential is not permitted.
540 g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate
541 of Appropriateness in accordance with 21A.34.020.
542 4. Incentives:
543 a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use
544 may be allowed as a permitted or conditional use in zoning districts where
545 Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use
546 tables in Chapter 21A.33, subject to the provisions in this subsection and any
547 specific provisions applicable to the use in this title. Any conditional use shall be
548 reviewed pursuant to the procedures and standards outlined in Chapter 21A.54.
549 (1) Prohibited Uses: A change of use to one of the following uses is prohibited:
550 Ambulance services (indoor and outdoor), amusement park, auditorium, bio-
551 medical facility, bus line station/terminal, bus line yard and repair facility, car
552 wash, check cashing/payday loan business, community correctional facility
553 (large and small), contractor’s yard/office, drive-through facility associated
554 with any use, equipment rental (indoor and outdoor), gas station, heliport,
555 hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind
556 energy system, laundry and dry cleaning establishments, limousine service
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557 (large and small), heavy manufacturing, pet cemetery, recycling collection
558 station, sexually oriented business, sign painting/fabrication, storage
559 (outdoor), public storage (outdoor), wireless telecommunications facility,
560 homeless resource centers, and any other uses that are only allowed in the
561 manufacturing districts.
562 b. Parking and Loading: The following are the minimum off-street parking and
563 loading requirements for the eligible building. These minimums may be further
564 reduced with the alternatives to minimum parking calculations in 21A.44.050.
565 (1) Multi-Family: 0.5 off-street parking space per dwelling unit is required;
566 (2) Nonresidential: The minimum number of required off-street parking spaces
567 for the proposed use listed in the general context of the required off-street
568 parking table in 21A.44 may be reduced by 40%;
569 (3) Existing Parking Below the Minimum: If the existing parking for the eligible
570 building does not meet the minimum off-street parking requirements above,
571 no additional parking shall be required;
572 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
573 c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements
574 of the zoning district do not apply for the adaptive reuse in all zoning districts. In
575 the RMF-30 zoning district, the minimum lot size per dwelling unit does not
576 apply.
577
578 5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection
579 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of
580 which shall be approved by the city attorney. The restrictive covenant shall be
581 recorded on the property with the Salt Lake County Recorder prior to issuance of a
582 building permit for a building using the incentives. The restrictive covenant shall run
583 with the land for the duration of the adaptive reuse and shall provide for the
584 following, without limitation:
585 a. Acknowledge the use of the incentives, the nature of the approval, and any
586 conditions thereof;
587 b. Shall guarantee that the physical elements of the eligible building used to qualify
588 for the incentives shall remain in substantially the same form and exterior features
589 important to the character of the building shall be preserved for the duration of the
590 adaptive reuse or if subject to 21A.34.020, indefinitely unless otherwise permitted
591 by the terms of a certificate of appropriateness;
592 c. The terms of compliance with all applicable regulations and the potential
593 enforcement actions for any violation of the restrictive covenant.
594
595 6. Modifications to Approved Adaptive Reuse: Any modification to the use approved
596 under these incentives requires a new zoning incentives application. Any new
597 adaptive reuse shall also require a new zoning incentives application unless the new
598 use is permitted in the table of permitted and conditional uses for the zoning district.
599
600 7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the
601 property as set forth in 21A.52.060.A.5, shall be investigated and prosecuted pursuant
602 to 21A.20. The city shall have additional remedies or financial penalties for
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603 violations as identified in the terms of the restrictive covenant required by Subsection
604 21A.52.060.A.5, which shall be reasonably related to enforcement of the
605 requirements and purpose of Subsection 21A.52.060.A.
606
607 B. Preservation of a Principal Building:
608
609 1. Purpose: The incentives set forth in this section are intended to encourage the
610 preservation of buildings, supporting city goals related to sustainability,
611 neighborhoods, economy, and housing. The provisions are designed to support
612 developments that include preserving an eligible building by allowing flexibility with
613 certain zoning regulations while still maintaining the unique urban fabric and
614 character of neighborhoods.
615
616 2. Applicability: The incentives in this subsection apply to projects in all zoning districts
617 that preserve an existing principal building that meets the eligibility standards in
618 21A.52.060.B.3. These incentives may be applied to existing principal buildings and
619 new construction within the same development area. For the purposes of this
620 subsection, the development area may include multiple abutting lots or parcels.
621
622 3. Eligibility Standards:
623 a. Minimum Building Age: The existing building to be preserved shall be a
624 minimum of 50 years old.
625 b. Minimum Footprint of Eligible Building: The footprint of the eligible building to
626 be preserved covers a minimum of 25% of the development area. A lower
627 percentage may be considered by the planning director if the building has frontage
628 on a public street, contains a publicly accessible use such as retail, restaurant, or
629 entertainment, or would be highly visible from public spaces within the interior of
630 the site.
631 c. Retention of All Existing Principal Structures: In the FR-1, FR-2, FR-3, R -
632 1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, SR-3, and all RMF zoning
633 districts, all existing principal structures included in the overall development area
634 shall be retained.
635 d. Modifications to Existing Building: A maximum of 25% of each street facing
636 building wall may be removed to accommodate modifications or additions. No
637 more than 50% of the building’s exterior walls may be removed. Portions of a
638 building wall with character defining architectural features shall not be removed.
639 e. Retention of Existing Active Commercial Uses: Eligible buildings with existing
640 active commercial uses with ground level street frontage are subject to the
641 following requirements. For the purpose of this subsection, active commercial
642 uses are those that support the vibrancy and usability of the public realm adjacent
643 to a building and encourage pedestrian activity and walk-in traffic. Active uses
644 may include retail goods/service establishments, restaurants, bars, art and craft
645 studios, or other uses determined to be substantially similar in terms of activation
646 by the planning director.
647 (1) A minimum of 50% of the length shall be retained along the street frontage in
648 the existing building or be included as part of the new development. If
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LEGISLATIVE
649 included in the new development, the active commercial use shall have the
650 primary entrance on the street frontage with direct public access from the
651 street frontage.
652 (2) The existing depth of the active commercial use shall be maintained or a
653 minimum depth of 25 feet, whichever is less.
654 (3) These requirements do not apply to nonconforming active commercial uses
655 with ground level street frontage.
656
657 4. Incentives:
658 a. Planned Development Waived: A planned development is not required for the
659 following:
660 (1) More Than One Principal Building Per Lot: More than one principal building
661 per lot is allowed without having frontage along a public street.
662 (2) Lots without Frontage on a Public Street: Lots do not require frontage on a
663 public street if necessary cross access easements are provided.
664 b. Administrative Planned Development: The following are authorized through an
665 administrative planned development pursuant to the procedures and standards in
666 Chapter 21A.55. The minimum planned development size required by
667 21A.55.060 does not apply:
668 (1) Modification to the minimum yard requirements.
669 (2) Modification to the open space and landscaping requirements when the
670 modification specifically relates to preserving the existing building(s).
671 (3) Modifications to the provisions for awnings and canopies, balconies, patios,
672 and porches in Table 21A.36.020.B, Obstructions in Required Yards.
673 (4) Modifications to the parking location and setback requirements in Table
674 21A.44.060.A.
675 (5) Parking within the boundary of a planned development area but located on a
676 different parcel or lot than the use(s) it is intended to serve, is allowed and is
677 not considered off-site parking. The parking must only serve the uses within
678 the planned development area unless otherwise authorized by other provisions
679 of this title.
680 c.Minimum Lot Area, Width & Coverage:
681 (1) The minimum lot width for the land use found in the minimum lot area and lot
682 width tables of the zoning district does not apply.
683 (2) The minimum lot area for the land use found in the minimum lot area and lot
684 width tables of the zoning district only applies for the following zoning
685 districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000.
686 (3) RMF-30 zoning district: The minimum lot size per dwelling unit does not
687 apply.
688 (4) Lot coverage may be calculated for the overall development area not the
689 individual lot or parcel within the development area.
690 d.Height: Additional building height is authorized in zoning districts as indicated in
691 the following sections through administrative design review. The maximum
692 height per story of the additional building height incentive shall not exceed 12
693 feet. Administrative design review shall be reviewed pursuant to the procedures
694 and standards in Chapter 21A.59. The additional height authorized by this
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695 subsection shall not be combined with the additional height authorized by
696 Subsection 21A.52.050, Affordable Housing Incentives.
697
698 (1) Residential districts:
Zoning District Permitted Maximum Height with Incentive
RMU-35 45’, regardless of abutting use or zone.
RMU-45 55’, regardless of abutting use or zone.
RB 1 additional story equal to or less than the average height of the
other stories in the building.
RMU 3 additional stories equal to or less than the average height of the
other stories in the building.
RO 1 additional story equal to or less than the average height of the
other stories in the building.
699
700 (2) Commercial Districts:
Zoning District Permitted Maximum Height with Incentive
CB 1 additional story equal to or less than the average height of the
other stories in the building.
CN May build one additional story equal to or less than the average
height of the other stories in the building.
CC 45’
CG 2 additional stories equal to or less than the average height of
the other stories in the building.
3 additional stories equal to or less than the average height of
the other stories in the building for properties in the boundary
described in 21A.26.070.G.
CSHBD1 105’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
CSHBD2 60’ and 1 additional story equal to or less than the average
height of the other stories in the building.
TSA-Transition 1 additional story equal to or less than the average height of the
other stories in the building.
TSA-Core 2 additional stories equal to or less than the average height of
the other stories in the building.
701
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702 (3) Form-based districts:
Zoning District Permitted Maximum Height with Incentive
MU-8 90’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
FB-MU11 125’ and 3 additional stories equal to or less than the average
height of the other stories in the building.
FB-UN2 1 additional story equal to the average height of the other stories
in the building.
FB-SC 1 additional story equal to the average height of the other stories
in the building.
FB-SE 1 additional story equal to the average height of the other stories
in the building.
FB-UN1 3 stories and 30’ in height.
703
704 (4) Downtown districts:
Zoning District Permitted Maximum Height with Incentive
D-2 120’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
D-3 180’ and 3 additional stories equal to or less than the average
height of the other stories in the building.
705
706 (5) Other districts:
Zoning District Permitted Maximum Height with Incentive
GMU 180’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
MU 60’ provided that the additional height is for residential uses
only.
I Building heights in excess of 35' but not more than 75'
provided, that for each foot of height over 35', each required
yard shall be increased 1'.
UI Building heights in excess of 75' but not more 120' provided
that the additional height is supported by the master plan and
compatible with the adjacent neighborhood.
OS – Lots greater than 4
acres
Building heights in excess of 45’ up to 60’ provided that for
each foot of height over 45’, each required yard and landscaped
yard shall be increased by 1’.
707
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708
709 e. Administrative design review is permitted for the following:
710 (1) Buildings in the CSHBD1 or CSHBD2 zoning district that exceed 20,000
711 square feet in size.
712 (2) Buildings in the CB zoning district that exceed 7,500 gross square feet of floor
713 area for a first-floor footprint or in excess of 15,000 gross square feet floor
714 area.
715 f. Parking: The following are the minimum off-street parking requirements unless a
716 lesser requirement is listed in the required off-street parking table in 21A.44.
717 These minimums may be further reduced with the alternatives to minimum
718 parking calculations in 21A.44.050.
719 (1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling
720 unit for all other residential uses.
721 (2) Nonresidential: The minimum number of required off-street parking spaces
722 for the proposed use listed in the required off-street parking table in 21A.44
723 may be reduced by 40%.
724 (3) Existing Parking Below the Minimum: If the existing parking for the eligible
725 building does not meet the minimum off-street parking requirements above,
726 no additional parking shall be required.
727 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
728
729 g. Minimum Required Yards: The minimum required yards may apply to the
730 perimeter of the development area and not to the individual lot or parcel within
731 the development area.
732
733 5. Design Standards for New Construction: Unless a stricter design standard related to
734 each of the following is included in the base zone or Chapter 21A.37, the following
735 design standards are required for all zones except single and two-family zoning
736 districts:
737 a. Building Materials: Other than windows and doors, 50% of any street facing
738 facade shall be clad in durable materials. Durable materials include stone, brick,
739 masonry, textured or patterned concrete, fiber cement board or other material that
740 includes a minimum manufacturer warranty of 20 years from color fading,
741 weather, and local climate induced degradation of the material. Other materials
742 may be used for the remainder of the facade facing the street. Other materials
743 proposed to satisfy the durable requirement may be approved at the discretion of
744 the planning director if it is found that the proposed material is durable and is
745 appropriate for the proposed location on the building.
746 b. Glass: The surface area of the façade of each floor facing a street must contain a
747 minimum of 50% glass. If the ground level of the building is occupied by
748 residential uses that face the street the specified minimum glass requirement may
749 be reduced to 25%.
750 c. Maximum Length of a Blank Wall: The maximum length of any blank wall
751 uninterrupted by windows or doors at the ground floor level along any street
752 facing façade is 15 feet. Emergency exit doors and doors to access structured
753 parking or utility equipment shall not count as an interruption.
28
LEGISLATIVE
754 d. Maximum Length of Street Facing Facades:
755 (1) The maximum length of each street facing building facade shall not exceed
756 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts.
757 (2) The maximum length of each street facing building façade shall not
758 exceed 175 feet in all other zoning districts.
759 e. Building Entrances: At least one operable building entrance on the ground floor is
760 required for every street facing facade. Additional operable building entrances
761 shall be required on street facing facades every 40 feet for nonresidential uses and
762 every 75 feet for residential uses. All units adjacent to a public street shall have
763 the primary entrance on the street facing façade of the building with an
764 unenclosed entry porch, canopy or awning feature.
765 f. Garage Doors Facing Street: Garage doors are prohibited on the façade of the
766 building that is parallel to, or located along, a public street.
767 g. Screening of Mechanical Equipment: All mechanical equipment shall be screened
768 from public view and sited to minimize their visibility and impact. Examples of
769 siting include on the roof, enclosed or otherwise integrated into the architectural
770 design of the building, or in a rear or side yard area subject to yard location
771 restrictions found in Section 21A.36.020, Table 21A.36.020B, “Obstructions In
772 Required Yards”.
773
774 6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection
775 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of
776 which shall be approved by the city attorney. The restrictive covenant shall be
777 recorded on the property with the Salt Lake County Recorder prior to issuance of a
778 building permit for a building using the incentives. The restrictive covenant shall run
779 with the land and shall provide for the following, without limitation:
780 a. Acknowledge the use of the incentives, the nature of the approval, and any
781 conditions thereof;
782 b. Shall guarantee that the physical elements of the eligible building used to qualify
783 for the incentives shall remain in substantially the same form and exterior features
784 important to the character of the building shall be preserved during the term;
785 c. Projects that apply the incentives to new buildings on the development site shall
786 guarantee retention of the eligible building used to qualify for the incentives for a
787 minimum term of 30 years or, if the eligible building is subject to 21A.34.020,
788 indefinitely unless otherwise permitted by the terms of a certificate of
789 appropriateness after such 30 year period;
790 d. The terms of compliance with all applicable regulations and the city’s potential
791 remedies for any violation of the restrictive covenant.
792
793 7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the
794 property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant
795 to 21A.20. The city shall have additional remedies or financial penalties for violations
796 as identified in the terms of the restrictive covenant required by Subsection
797 21A.52.060.B.6, which shall be reasonably related to enforcement of the
798 requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a
799 violation of the covenant may include liquidated damages representing a reasonable
29
LEGISLATIVE
800 estimate of the value of the incentives, plus other associated damages valued up to
801 20% of the tax assessed value of the preserved building over the three preceding
802 years.
803
804
805 SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That
806 Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall
807 be, and hereby is amended to read as follows:
808
809 21A.55.020: AUTHORITY:
810 A. Administrative Review: The planning director may approve, approve with
811 modifications, deny, or refer to the planning commission modifications to specific
812 zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying
813 provisions in 21A.52.060.B in accordance with the standards and procedures set forth in
814 this chapter and other regulations applicable to the district in which the property is
815 located.
816
817 B. Planning Commission Review: The Pplanning Ccommission may approve planned
818 developments for uses listed in the tables of permitted and conditional uses for each
819 category of zoning district or districts. The approval shall be in accordance with the
820 standards and procedures set forth in this chapter and other regulations applicable to the
821 district in which the property is located.
822 In approving a planned development, the Pplanning Ccommission may change, alter,
823 modify or waive the following provisions of this title:
824 1A. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ccity's
825 subdivision regulations as they apply to the proposed planned development except
826 that the Pplanning Ccommission cannot approve a use that is not allowed in the
827 zoning district in which the planned development is located, with the exception of
828 off-site parking as further described in this section.
829 2B. Off-Site Parking: Off-site pParking within the boundary of a planned development
830 area, but located on a different parcel or lot than the use(s) it is intended to serve, is
831 in zoning districts where off-site parking is not an allowed and not considered off-
832 site parking use. The parking must only serve the uses be located within the planned
833 development area unless otherwise authorized by other provisions of this title.
834 3C. Building Height: Up to five feet (5') of additional building height, except in the FR,
835 R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be
836 approved through the planned development process.
837 4D. Density: Residential planned developments shall not exceed the density limitation
838 of the zoning district where the planned development is proposed except as allowed
839 below. The calculation of planned development density may include open space that
840 is provided as an amenity to the planned development. Public streets located within
30
LEGISLATIVE
841 or adjacent to a planned development shall not be included in the planned
842 development area for the purpose of calculating density.
843 a1. In the RMF Zzoning Ddistricts and on lots 0.20 acres or more in size,
844 developments that change a nonconforming commercial use to a residential use
845 that is allowed in the zoning district are exempt from the density limitations of
846 the zoning district when approved as a planned development.
847
848 SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That
849 Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning
850 Commission Decision) shall be and hereby is amended to read as follows:
851
852 21A.55.030: PLANNING COMMISSION DECISION:
853
854 A. No Presumption Oof Approval: A request for a planned development does not constitute
855 an assurance or presumption that such planned development will be approved. Rather,
856 each proposed planned development shall be evaluated on an individual basis, in relation
857 to its compliance with the standards and factors set forth in this chapter and with the
858 standards for the zoning district in which it is located, in order to determine whether the
859 planned development is appropriate at a particular location.
860
861 B. Approval: The Pplanning Ccommission or planning director in the case of administrative
862 planned developments, may approve a planned development as proposed or may impose
863 conditions necessary or appropriate for the planned development to comply with the
864 standards and factors set forth in this chapter.
865
866 C. Denial: The Pplanning Ccommission or planning director in the case of administrative
867 planned developments, may deny an application for a planned development if it finds that
868 the proposal does not meet the intent of the base zoning district, does not meet the
869 purpose of this chapter, or is not consistent with the standards and factors as set forth in
870 this chapter.
871
872
873 SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That
874 Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures)
875 shall be and hereby is amended to read as follows:
876
877 21A.55.040: PROCEDURES:
878
31
LEGISLATIVE
879 A. Application: An application for a planned development shall be made on an application
880 form prepared by the zoning administrator and accompanied by applicable fees as noted
881 in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible
882 for payment of all mailing fees established for required public noticing. The applicant
883 must file an application for planned development approval with the Planning Director. A
884 complete application shall contain at least the following information submitted by the
885 applicant, unless certain information is determined by the zoning administrator Planning
886 Director to be inapplicable or unnecessary to appropriately evaluate the application. The
887 application submittal shall include one paper copy and one digital copy:
888
889 1. A complete description of the proposed planned development including the zoning
890 regulations being modified in the planned development and the planning objectives
891 being met;
892 2. When the proposed planned development includes provisions for common open space
893 or recreational facilities, a statement describing the provision to be made for the care
894 and maintenance of such open space or recreational facilities;
895 3. A written statement with supporting graphics showing how the proposed planned
896 development is compatible with other property in the neighborhood;
897 4. Plans, as required pursuant to sSection 21A.58.060 of this title, with the exception of
898 the number of copies required;
899 5. Architectural graphics including floor plans, elevations, profiles and cross sections;
900 6. A preliminary subdivision plat, if required;
901 7. Traffic impact analysis, where required by the City Transportation Division; and
902 8. Other information or documentation the zoning administratorPlanning Director may
903 deem necessary for proper review and analysis of a particular application.
904
905 B. Determination Oof Completeness: Upon receipt of an application for a planned
906 development, the zoning administratorPlanning Director shall make a determination of
907 completeness of the application pursuant to sSection 21A.10.010 of this title.
908
909 C. Public Notification and Engagement:
910
911 1. Notice of Application for Administrative Review: Prior to the approval of an
912 application that qualifies for administrative review, the planning director shall
913 provide written notice as provided in Chapter 21A.10.020.B.
914
915 2. Required Notice for Planning Commission Review:
916 a. Applications subject to planning commission review are subject to the notification
917 requirements of Chapter 2.60.
918 b. Any required public hearing is subject to the public hearing notice requirements
919 found in Chapter 21A.10.
920
921 Staff Report: Upon completing a site plan review and receiving recommendations from
922 applicable City department(s)/division(s), a staff report evaluating the planned development
923 application shall be prepared by the Planning Division and forwarded to the applicant and the
924 Planning Commission.
32
LEGISLATIVE
925
926 D. Public Hearing: The Planning Commission shall hold a public hearing to review the
927 planned development application in accordance with the standards and procedures set
928 forth in chapter 21A.10 of this title.
929
930 E. Planning Commission Action: Following the public hearing, the Planning Commission
931 shall decide, on the basis of the standards contained in section 21A.55.050 of this chapter
932 whether to approve, approve with modifications or conditions, or deny the application.
933
934 F. Notification Of Decision: The Planning Director shall notify the applicant of the decision
935 of the Planning Commission in writing, accompanied by one copy of the submitted plans
936 marked to show such decision and a copy of the motion approving, approving with
937 modifications, or denying the development plan application.
938
939
940 SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That
941 Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for
942 Planned Developments) shall be, and hereby is amended, as to the preamble only with
943 Subsections A through G unchanged:
944
945 21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS:
946
947 The Pplanning Ccommission, or the planning director in the case of an administrative planned
948 development, may approve, approve with conditions, or deny a planned development based upon
949 written findings of fact according to each of the following standards. It is the responsibility of the
950 applicant to provide written and graphic evidence demonstrating compliance with the following
951 standards:
952
953
954 SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That
955 Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the
956 Planning Commission Decision) shall be and hereby is amended to read as follows:
957
958 21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION:
959 Any person adversely affected by a final decision of the Pplanning Ccommission or planning
960 director in the case of administrative planned developments, on an application for a planned
961 development may appeal to the Aappeals Hhearing Oofficer in accordance with the provisions
33
LEGISLATIVE
962 of cChapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome
963 of the appeal, except as provided for under sSection 21A.16.030F of this title.
964
965 SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That
966 Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on
967 Approved Planned Development) shall be and hereby is amended to read as follows:
968
969 21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT:
970 No planned development approval shall be valid for a period longer than one year unless a
971 building permit has been issued or complete building plans have been submitted to the Division
972 of Building Services and Licensing. The Pplanning Ccommission or planning director in the case
973 of an administrative planned development, may grant an extension of a planned development for
974 up to one additional year when the applicant is able to demonstrate no change in circumstance
975 that would result in an unmitigated impact. Extension requests must be submitted prior to the
976 expiration of the planned development approval.
977
978 SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That
979 Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of
980 Approval of Planned Development) shall be and hereby is amended to read as follows:
981
982 21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT:
983 The approval of a proposed planned development by the Pplanning Ccommission or planning
984 director in the case of an administrative planned development, shall not authorize the
985 establishment or extension of any use nor the development, construction, reconstruction,
986 alteration or moving of any building or structure, but shall authorize the preparation, filing and
987 processing of applications for any permits or approvals that may be required by the regulations
988 of the Ccity, including, but not limited to, a building permit, a certificate of occupancy and
989 subdivision approval.
990
991 SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That
992 Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications
993 to Development Plan) shall be and hereby is amended to read as follows:
34
LEGISLATIVE
994
995 21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN:
996 Following planned development approval, the development plan approved by the Pplanning
997 Ccommission or planning director in the case of an administrative planned development, shall
998 constitute the site design in relation to building placement and design, landscaping, mobility and
999 circulation elements, and any elements that were approved as zoning modifications through the
1000 planned development process. Modifications to the development plan may be allowed pursuant
1001 to this section.
1002 A. New Application Required Ffor Modifications Aand Amendments: No substantial
1003 Mmodifications or amendments shall be made in the construction, development or use
1004 without a new application under subject to the provisions of this section.title. Minor
1005 modifications or amendments may be made subject to written approval of the Planning
1006 Director and the date for completion may be extended by the Planning Commission upon
1007 recommendation of the Planning Director.
1008 B. Minor Modifications: The Pplanning Ddirector may authorize minor modifications to the
1009 approved development plan pursuant to the provisions for modifications to an approved
1010 site plan as set forth in chapter 21A.58 of this title when such modifications appear
1011 necessary in light of technical or engineering considerations necessary to comply with an
1012 adopted building, fire, or engineering code or standard or when the modification complies
1013 with the applicable standards in the underlying zoning district or overlay district. Such
1014 minor modifications shall be limited to the following elements:
1015 1. Adjusting the distance as shown on the approved development plan between any
1016 one structure or group of structures, and any other structure or group of structures,
1017 or any vehicular circulation element or any boundary of the site;
1018 2. Adjusting the location of any open space;
1019 3. Adjusting any final grade;
1020 4. Altering the types of landscaping elements and their arrangement within the
1021 required landscaping buffer area;
1022 5. Signs;
1023 6. Relocation or construction of accessory structures that comply with the provisions
1024 of 21A.40 and any applicable accessory structure regulations; or
1025 7. Additions which comply with the lot and bulk requirements of the underlying
1026 zone.
1027 Such minor modifications shall be consistent with the intent and purpose of this title and
1028 the development plan as approved pursuant to this chapter and shall be the minimum
1029 necessary to overcome the particular difficulty comply with the standards of the
1030 underlying zoning district or the applicable building, fire, or engineering code or standard
35
LEGISLATIVE
1031 and shall not be approved if such modifications would result in a violation of any
1032 standard or requirement of this title. A minor modification shall not be approved if the
1033 modification reduces a required building setback, authorizes an increase in lot coverage,
1034 or increases building height.
1035 C. Major Modifications: Any modifications to the approved development plan not
1036 authorized by sSubsection B of this section shall be considered to be a major
1037 modification. The Pplanning Ccommission or planning director in the case of an
1038 administrative planned development, shall give notice to all property owners consistent
1039 with notification requirements located in chapter 21A.10 of this title. The Pplanning
1040 Ccommission or planning director in the case of an administrative planned development,
1041 may approve an application for a major modification to the approved development plan,
1042 not requiring a modification of written conditions of approval or recorded easements,
1043 upon finding that any changes in the plan as approved will be in substantial conformity
1044 with the approved development plan. If the commission or planning director in the case
1045 of an administrative planned development, determines that a major modification is not in
1046 substantial conformity with the approved development plan, then the commission or
1047 planning director in the case of an administrative planned development, shall review the
1048 request in accordance with the procedures set forth in this section.
1049 D. Other Modifications: Any modification to the planned development that complies with
1050 the standards of the underlying zoning district or overlay zoning district is allowed
1051 provided the modification does not violate a condition of approval or other requirement
1052 placed on the planned development as part of the approval of the application and required
1053 permits and approvals are obtained.
1054
1055 SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That
1056 Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority:
1057 Administrative Review) shall be, and hereby is amended to read as follows:
1058 A. Administrative Review: The planning director may approve, approve with modifications,
1059 deny or refer to the planning commission modifications to specific design standards when
1060 proposed as new construction, an addition or modification to the exterior of an existing
1061 structure, or a modification to an existing structure as authorized in Section 21A.59.040,
1062 Table 21A.59.040 of this chapter or when authorized in the specific zoning district
1063 elsewhere in this title.
1064 1. The director shall approve a request to modify a design standard if the director
1065 finds that the proposal complies with the purpose of the individual zoning district,
1066 the purpose of the individual design standards that are applicable to the project,
1067 the proposed modification is compatible with the development pattern of other
1068 buildings on the block face or on the block face on the opposite side of the street,
36
LEGISLATIVE
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
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 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.
SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That
1091 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall
1092 be, and hereby is amended to read as follows:
1093 a. Amending the definition of “ADAPTIVE REUSE OF A LANDMARK
1094 BUILDING.” That the definition shall be amended to read as follows:
1095
1096
1097
1098
1099
1100
1101
ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF A LANDMARK
BUILDINGS: The process of reusing a building for a purpose other than which it was built or
designed for landmark buildings original use is no longer feasible. Other land uses, in addition to
those specifically listed in the land use tables, may be allowed as a permitted or conditional use
subject to the provisions in Subsection 21A.52.060.A.
b. Amending the definition of “PARKING, OFF SITE.” That the definition of
1102 “PARKING, OFF SITE” shall be amended to read as follows:
37
LEGISLATIVE
1103 PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is
1104 located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within
1105 the boundary of a planned development that only serves uses within the planned development
1106 area is not considered off-site parking.
1107 c. Repealing the definition “HOUSE MUSEUM IN A LANDMARK SITE” as
1108 follows:
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
HOUSE MUSEUM IN LANDMARK SITE: A dwelling unit which is converted from its original
principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or
historic purposes. Such museum should include a staff who commands an appropriate body of
special knowledge necessary to convey the historical, aesthetic or architectural attributes of the
building and its collections to the general public. Such staff should also have the ability to reach
museological decisions consonant with the experience of his or her peers and have access to and
acquaintance with the literature of the field. Such museum should maintain either regular hours
or be available for appointed visits such that access is reasonably convenient to the public.
SECTION 15. Effective Date. This Ordinance shall become effective on the date of its
1119 first publication.
1120
1121
1122
1123
1124
2024.
Passed by the City Council of Salt Lake City, Utah, this day of ,
CHAIRPERSON
1125
1126
1127
ATTEST AND COUNTERSIGN:
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: Approved. Vetoed.
MAYOR
1139
1140
1141
1142
CITY RECORDER
(SEAL)
38
LEGISLATIVE
1143 Bill No. of 2024.
1144 Published: .
1145 Adaptive Reuse Preservation Incentives_Opt1(legislative)v1
1146
3.CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00155
February 16, 2023 Mayor Mendenhall signed the petition initiation
April 17, 2023 Initial information posted to the city’s online open house webpage
April 20, 2023 Initial information emailed to recognized organizations, focus
group and stakeholders, for the purpose of gathering early
feedback to inform the draft ordinance
July 18, 2023 All recognized organizations were sent the 45-day required notice
for text amendments that included a draft ordinance for review.
Focus group and stakeholders were also provided with updated
information with a draft ordinance for review
August 3, 2023 A briefing was held with the Historic Landmark Commission on
the proposal
August 21, 2023 The proposal was presented to the Sugar House Land Use
Committee.
September 27, 2023 The Planning Commission held a briefing to review the proposal
October 11, 2023 The proposal was presented to the Business Advisory Board
October 19, 2023 Public hearing notice posted to city and state websites and a notice
of the hearing was posted in the following public libraries: Main,
Corinne & Jack Sweet Branch, Marmalade, Fairpark, Glendale and
Sprague.
October 26, 2023 Staff report for Historic Landmark Commission hearing posted to
Planning’s website
November 2, 2023 The Historic Landmark Commission held a public hearing and
forwarded a unanimous positive recommendation to City Council
February 15, 2024 Public hearing notice posted city and state websites and a notice of
the hearing was posted in the following public libraries: Main,
Corinne & Jack Sweet Branch, Marmalade, Fairpark, Glendale and
Sprague.
February 21, 2024 Staff report for Planning Commission hearing posted to Planning’s
website.
February 28, 2024 The Planning Commission held a public hearing and forwarded a
unanimous positive recommendation to City Council
April 3, 2024 Ordinance requested from Attorney’s Office
April 22, 2024 Final ordinance received from the Attorney’s Office
April 23, 2024 Transmitted to CAN Administration
4.NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00155 – A petition initiated
by Mayor Erin Mendenhall for a text amendment that would make changes to the zoning
ordinance to support adaptive reuse and preservation of existing buildings. The goal of this
proposed text amendment is to remove zoning barriers that prevent the reuse of buildings and
offer zoning incentives to encourage a building to be reused rather than demolished. The
proposed amendments involve multiple chapters of the Zoning Ordinance and would apply
citywide.
DATE: Date #1 and Date #2
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 Zoom 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 related to this proposal, please call Amy Thompson at 801-535-7281
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail
amy.thompson@slcgov.com. The application details can be accessed at
https://citizenportal.slcgov.com/, by selecting the “Planning” tab and entering the
petition number PLNPCM2023-00155.
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.
5.PETITION INITIATION
To: Mayor Erin Mendenhall
Cc: Lisa Shaffer, Chief Administrative Officer; Blake Thomas, Department of Community and
Neighborhoods Director; Nick Norris, Planning Director
From: Michaela Oktay, Deputy Planning Director
Date: February 10, 2023
Re: Initiate Petition to Amend Text in the Zoning Ordinance to Establish Regulations for the Adaptive
Reuse of Buildings
The Planning Division is requesting that you initiate a petition directing the Planning Division to make
changes to the zoning ordinance to support adaptive reuse of existing buildings. The overall purpose of
these zoning changes is to support and implement existing City plans and policies related to housing,
historic preservation, sustainability and economic development.
Adaptive reuse is both a sustainable practice and a vital a planning tool that aids in meeting the City’s
various goals. The adaptive reuse of an existing structure retains a buildings original form while
bypassing wasteful demolition. This process keeps substantial amounts of materials out of landfills and
reduces energy consumption. Additionally, preserving these buildings which are often times historic or
contain elements of unique architectural detailing, helps maintain neighborhood character and
breathes new life into buildings that contribute to neighborhood fabric. Adaptive reuse allows existing
buildings to serve our community for generations to come while continuing to tell the story of those
who came before us.
As part of this petition the Planning Division will work with Sustainability to find ways to improve the
function and performance of existing buildings to reduce their environmental impact in exchange for
relaxing or modifying zoning regulations that may deter or prohibit the reuse of existing buildings.
The purpose of this zoning text amendment is to:
Create a mechanism to allow for the adaptive reuse of buildings while maintaining and
protecting the neighborhood’s historic built form and character;
Identify City codes and policies that effectively serve as barriers to the adaptive reuse of
existing buildings;
Identify a process for reviewing adaptive reuse projects; and,
Identify possible incentives for projects that include an adaptive reuse component such
as modifications to setbacks, height, density, parking, lot width and lot coverage.
As part of the process, the Planning Division will follow the City adoption process for zoning text
amendments, which includes citizen input and public hearings with the Historic Landmark
Commission, Planning Commission and City Council. Changes will be made to Title 21A: Zoning
Ordinance but other chapters within the city code may also be changed if identified as necessary.
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
MEMORANDUM
PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
Please contact me at 385-214-5311or michaela.oktav@slc.gov.com if you have any questions. TI1ank
you.
C-011cm·rence to initiate tlte zoning text amendment petition as noted aboue.
02/16/2023
Erin Mendenhall, Mayor Date
•Page2
6.ADDITIONAL PUBLIC
COMMENT RECEIVED
Caution: This is an external email. Please be cautious when clicking links or opening
attachments.
From:Turner Bitton
To:Planning Public Comments
Subject:(EXTERNAL) Comments for Tonight"s Meeting
Date:Wednesday, February 28, 2024 5:02:56 PM
Hello,
I’m writing on behalf of SLC Neighbors for More Neighbors to express our comments on
items on tonight’s agenda. I have written out each of our comments below to correspond with
each agenda item that we would like to submit comments on:
1) Parking Text Amendment: PLNPCM2023-00646
SLC Neighbors for More Neighbors strongly supports this proposal and encourages the
planning commission to approve the proposal. Salt Lake City continues to need more housing,
and the parking amendment is a way of preserving existing housing stock and preventing the
creation of more unnecessary parking. In short, the proposal prioritizes people over parking
and reflects our shared values.
2) Adaptive Reuse Text Amendment: PLNPCM2023-00155
SLC Neighbors for More Neighbors strongly supports the proposed adaptive reuse text
amendments and thanks the planning staff for their comprehensive approach to the issue.
Older buildings contribute to the culture, health, and vitality of neighborhoods. The proposal is
thoughtfully crafted in a way that will provide new housing opportunities and types while also
enhancing Salt Lake City's built environment. We encourage the planning commission to
approve the proposal.
——
Thanks for the opportunity to weigh in and for all of your work.
Thank you,
Turner C. Bitton (he/him)
Executive Director
SLC Neighbors for More Neighbors
(801) 564-3860
www.slcneighbors.org
_______________
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
jill love
Jill Love, Chief Administrative Officer
Date Received: 05/02/2024
Date sent to Council: 05/02/2024
TO:Salt Lake City Council DATE: 05/02/2024
Victoria Petro, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
_
SUBJECT: Text Amendment - Zoning Incentives for Adaptive Reuse and Preservation of
Buildings
STAFF CONTACT: Amy Thompson, Planning Manager
amy.thompson@slcgov.com or 801-535-7281
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Adopt the Ordinance as recommended by the Planning Commission.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: This is a petition that was initiated by Mayor Erin Mendenhall to
make changes to the zoning ordinance to both encourage and support the adaptive reuse and
preservation of buildings. As the Salt Lake Valley continues to grow, the City’s older neighborhoods
and buildings face increasing pressure for redevelopment, presenting both challenges and
opportunities. This proposal addresses barriers that currently prevent the reuse of existing buildings
and introduces incentives into the zoning ordinance to encourage buildings to be retained rather
than demolished. The proposed amendments would apply citywide.
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
Preservation of a Principal Building – 21A.52.060.B (“B Incentives”)
To assist in developing the amendments, planning staff conducted research on several cities that
have adopted ordinances that offer incentives for adaptive reuse and preservation of existing
buildings. Key features that were researched include location of the program (certain
neighborhoods, specific zones, etc.), eligibility criteria, goals, and the types of incentives offered.
Additionally, a focus group was created to help staff better understand current challenges and
barriers to utilizing existing buildings. The focus group was largely made up of architects and
developers, some of which have specific experience with these types of projects.
Additionally, staff worked closely with the City’s Sustainability Division and Economic
Development/Business Development on the proposal.
SUMMARY OF PROPOSED AMENDMENTS:
The proposed ordinance changes would be in Chapter 21A.52, Zoning Incentives. The proposal creates
a new section within that chapter, “Building Preservation Incentives”, which is separated into two sub-
sections, “Adaptive Reuse for Additional Uses in Eligible Buildings” (21A.52.060.A), and
“Preservation of a Principal Building” (21A.52.060.B). Each sub-section is discussed in greater detail
below.
Adaptive Reuse for Additional Uses in Eligible Buildings – 21A.52.060.A (“A Incentives”)
The “A Incentives” are primarily a use incentive to allow for flexibility of uses in eligible
buildings, which usually include buildings that hold high artistic, historic, or cultural value, or large
underutilized structures that are part of the neighborhood fabric. The current zoning ordinance for
adaptive reuse of a landmark site allows nonresidential use of a landmark site in a residential zoning
district, subject to meeting standards related to preserving building character and
neighborhood compatibility. The proposed ordinance expands on this current process with the
following changes:
Broadens eligibility to include buildings that are individually listed on the National Register
of Historic Places, buildings formerly used for churches, schools, or hospitals, and other
culturally or historically significant buildings.
Allows residential uses in addition to the nonresidential uses already allowed through
this process. Additionally, the proposal would allow for residential uses in eligible buildings
in the Public Lands (PL) and Institutional (I) zones where the only residential use currently
allowed is living quarters for a caretaker or security guard.
Prohibit certain uses. Impactful uses were identified as prohibited because of their potential
for negative impacts on the surrounding neighborhood and to the eligible building.
Removes minimum square footage requirement. The current building square footage
minimum of 7,000 square feet is a significant obstacle to qualify for adaptive reuse incentives.
The “B Incentives” apply to the eligible building being preserved and can also apply to any
new construction on the same development site. In contrast to the “A Incentives,” this incentive is not
a use incentive; these “B Incentives” are zoning modifications to the base zoning requirements
for uses allowed in the zone. Projects that utilize the incentives in this subsection will be required to
adhere to specific design standards for the new construction, retain existing active commercial uses
on site, and enter into a restrictive covenant ensuring the eligible building used to qualify for the
incentives is retained for at least 30 years.
Eligibility: The “B Incentives” apply to new development projects that preserve a building that is
at least 50 years old and covers a minimum of 25% of the development site; a lower percentage may
be considered in certain circumstances.
Summary of “B Incentives”
Removes the planned development requirement for modifications that are commonly
requested through this process but are generally straightforward such as creating lots without
street frontage and having buildings on the same parcel without all buildings having public
street frontage.
Includes the addition of an Administrative Planned Development process for
certain zoning modifications to allow for a more streamlined review process for eligible
projects.
Removes minimum lot area and width requirements for all zones except single family
zoning districts.
Includes additional building height in various zoning districts through administrative
design review. Currently, there is no height incentive being offered in the single, two-family
and RMF zoning districts.
Reduces parking for eligible projects.
CONSIDERATIONS FOR CITY COUNCIL
Both the Historic Landmark Commission and Planning Commission held public hearings to
review the proposed text amendment and unanimously forwarded a positive recommendation of
approval to the City Council. Following these recommendations, staff identified the following
for Council consideration.
“B Incentive” Building Age Eligibility – The draft ordinance presented at the public
hearings includes language that eligible buildings must be a minimum of 50 years old.
Some planning commissioners expressed concerns with a rolling date and the ability for
later period buildings (1980’s/1990’s) to become eligible for the incentives in the near
future – typically, the development pattern of later eras may not be something worth
preserving. Instead of the eligibility language “at least 50 years old,” the council could
consider fixed date language that requires eligible buildings to be built prior to 1976.
Design Standards for New Construction Utilizing the “B Incentives” – Unless a
stricter design standard is required in the Design Standards chapter for the zoning district
the property is located in, projects utilizing the incentives have to meet specific design
standards outlined in the proposed ordinance. Staff is recommending some additional
changes to the following design standards in the proposal:
o Upper Floor Glass – The draft ordinance reviewed by the planning commission
requires the surface area of the facade of each floor to contain a minimum of 50%
glass, which can be reduced on the ground level for residential uses to 25%. After
looking at this closer, staff is of the opinion that the 50% threshold is too high for
the upper levels of the building. Currently, only the Downtown zones and the
Gateway Mixed Use (GMU) zones have an upper-level glass requirement of 50%
and it is difficult for projects in those zones to meet the existing requirement
without a request for a design review modification. The CG zone requires 25%, the
FB-UN and RMF-30 zones require 15%, and the rest of the zones do not have an
upper floor glass requirement. Staff is recommending reducing the upper floor
glazing requirement to 20% for projects that use the incentives. Zones that have a
higher % requirement in the Design Standards Chapter (21A.37) will still be subject
to the higher standard. Staff is also recommending adding some clarifying language,
so the glass requirements are consistent with the design standards chapter regarding
the location of ground floor glass (between 3-8 FT on the building) and
unobstructed visibility into the space.
o Building Entrances – Added language to the building entrances design standard
to address that entry features (un-enclosed entry porch, portico, awning or
canopy, or emphasized doorway) for required building entrances need to meet the
description in 21A.37.050.P for these entry features.
The above recommendations are reflected in ordinance version 2 if the Council decides they
would like these changes incorporated. If the Council does not want these changes incorporated,
they have been left out of ordinance version 1.
PUBLIC PROCESS:
Open House: On April 17, 2023, a virtual open house page was created on Planning’s website
and published via listserv. The initial information provided an introduction to the proposal to
gather feedback early on in the process, and information was continually updated with revised
draft ordinances and updated information throughout the process.
Initial Outreach: On April 20, 2023, all Salt Lake City recognized organizations, focus group
members, and stakeholders, were sent initial information for the purpose of gathering early
feedback to inform the draft ordinance.
Recognized Organizations: On July 18, 2023, the required 45-day notice and draft ordinance was
sent to all recognized organizations for feedback.
Community Council Meetings: On August 21, 2023, at the request of the chair, staff attended
the Sugar House Land Use Committee meeting to discuss the proposed text amendment and
answer any questions from the community.
Comments Received:
Comments from Recognized Organizations: The East Liberty Park Community
Organization & and the Sugar House Community Council provided letters in support of
the proposal. The Sugar House Community Council did express concerns with reducing
parking as an incentive.
Public Comments: Staff received four public comments in support of the proposal.
Historic Landmark Commission Public Hearing: On November 2, 2023, the Historic Landmark
Commission held a public hearing and voted unanimously to forward a positive recommendation
to the City Council. No one spoke during the public hearing.
Planning Commission Public Hearing: On February 28, 2024, the Planning Commission held a
public hearing and voted unanimously to forward a positive recommendation to the City Council.
One person spoke in favor of the proposal at the public hearing.
HISTORIC LANDMARK COMMISSION (HLC) RECORDS (click each item to access):
Briefing - August 3, 2023:
HLC Agenda
HLC Briefing Memo
HLC Minutes
Public Hearing - November 2, 2023:
HLC Agenda
HLC Staff Report
HLC Minutes
HLC Meeting Video
PLANNING COMMISSION (PC) RECORDS (click each item to access):
Briefing – September 27, 2023
PC Agenda
PC Briefing Memo
PC Minutes
PC Meeting Video
Public Hearing – February 28, 2024
PC Agenda
PC Staff Report
PC Minutes
PC Meeting Video
EXHIBITS:
1) Ordinance - Version 2
2) Ordinance – Version 1
3) Project Chronology
4) Notice of City Council Public Hearing
5) Petition Initiation
6) Public Comments Received After Publication of the Staff Report
1.ORDINANCE (VERSION 2)
1
LEGISLATIVE
1 SALT LAKE CITY ORDINANCE
2 No. of 2024
3
4 (Amending the zoning text of various sections of Title 21A of the Salt Lake City Code
5 pertaining to zoning incentives for adaptive reuse and preservation of buildings)
6
7 An ordinance amending the text of various sections of Title 21A of the Salt Lake City
8 Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to
9 Petition No. PLNPCM2023-00155.
10 WHEREAS, on February 28, 2024, the Salt Lake City Planning Commission (“Planning
11 Commission”) held a public hearing on a petition submitted by Salt Lake City Mayor, Erin
12 Mendenhall to amend the zoning code pertaining to zoning incentives for adaptive reuse and
13 preservation of buildings (Petition No. PLNPCM2023-00155); and
14 WHEREAS, at its February 28, 2024 meeting, the Planning Commission voted in favor
15 of forwarding a positive recommendation to the Salt Lake City Council on said petition;
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 Subsection 21A.10.015.A. That
21 Subsection 21A.10.015.A of the Salt Lake City Code (Zoning: General Application, Public
22 Engagement, and Public Noticing Procedures: Public Engagement: Land Use Projects Subject to
23 Public Engagement) shall be, and hereby is amended to read as follows:
24 A. Land Use Projects Subject to Public Engagement: The following are considered land use
25 projects for purposes of this chapter and are subject to the public engagement process and
26 requirements herein:
27
28 1. Request for an alley/street closure or vacation;
29 2. Amendments to Title 21A;
30 3. Conditional use applications;
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LEGISLATIVE
31 4. Design review applications, that are subject to review by the planning commission as
32 provided in Chapter 21A.59;
33 5. Applications to demolish one or more landmark sites or contributing structures
34 located within a local historic district;
35 6. Master plans, including amendments, to be adopted by the city council;
36 7. Requests for certificates of appropriateness required for new construction of principal
37 structures, except for single family and two family dwellings;
38 8. Planned development applications that are subject to review by the planning
39 commission as provided in Chapter 21A.55; and
40 9. Zoning map amendments.
41
42
43 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That
44 Subsection 21A.10.020.B of the Salt Lake City Code (Zoning: General Application, Public
45 Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special
46 Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to
47 read as follows:
48 B. Special Noticing Requirements for Administrative Approvals:
49
50 1. Notice of Application for Design Review and Planned Development:
51
52 a. Notification: At least twelve (12) days before a land use decision is made for an
53 administrative design review application as authorized in Chapter 21A.59 of this
54 title, or an administrative planned development as authorized by Chapter 21A.55
55 of this title, the planning director shall provide written notice to the following:
56 (1) All owners and identifiable tenants of the subject property, land abutting the
57 subject property, and land located directly across the street from the subject
58 property. In identifying the owners and tenants of the land the city shall use
59 the Salt Lake City geographic information system records.
60 (2) Recognized community organization(s) in which the subject property is
61 located.
62
63 b. Contents of the Notice of Application: The notice shall generally describe the
64 subject matter of the application, where the public may review the application, the
65 expected date when the planning director will authorize a final land use decision,
66 and the procedures to appeal the land use decision.
67
68 c. End of Notification Period: If the planning director receives comments identifying
69 concerns related to the design review application not complying with the
70 requirements of Chapter 21A.59, or the planned development not complying with
3
LEGISLATIVE
71 the requirements of Chapter 21A.55, the planning director may refer the matter to
72 the planning commission for their review and decision on the application.
73
74
75 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.S. That
76 Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General
77 Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby
78 is amended to read as follows:
79
80 S. Compliance with Noise Regulations Required: Any construction work in residential zoning
81 districts shall comply with Section 9.28.040, “Noises Prohibited.”Adaptive Reuse Of A
82 Landmark Building In Residential Districts:
83 1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a residential
84 district is to preserve landmark sites as defined in subsection 21A.34.020B of this title. In some
85 instances these sites have outlived their original use due to economic conditions, size of the
86 building, and/or a substantial degree of deterioration of the historic property. Such sites,
87 however, still contribute to the welfare, property and education of the people of Salt Lake City
88 because of their historic, architectural or cultural significance. The Planning Commission shall
89 consider the allowance of a nonresidential use of a landmark site in a residential district
90 according to the qualifying provisions outlined in subsection S2a of this section and pursuant
91 to chapter 21A.54 of this title, in order to ensure that the residential character of the surrounding
92 environment is preserved.
93 2. Conditional Use Required: Where authorized by this title as shown in
94 section 21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of
95 this title, landmark sites in any residential district may be used for certain nonresidential uses.
96 a. Qualifying Provisions: In order to qualify for conditional use review by the
97 Planning Commission under section 21A.54.080, "Standards For Conditional Uses", of
98 this title, the applicant must demonstrate compliance with the following:
99 (1) The building is designated as a landmark site on the Salt Lake City
100 register of cultural resources. The designation process must be completed prior to the
101 City accepting a conditional use application for the structure unless the Planning
102 Director determines that it is in the best interest of the City to process the designation
103 and conditional use applications together.
104 (2) The landmark building shall have a minimum of seven thousand (7,000)
105 square feet of floor area, excluding accessory buildings.
106 (3) The new use will require minimal change as these features are important
107 in defining the overall historic character of the building and environment.
108 (4) The use is conducive to the preservation of the landmark site.
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LEGISLATIVE
109 (5) Significant archaeological resources affected by the project shall be
110 protected and preserved. If such resources must be disturbed, mitigation measures
111 shall be undertaken.
112 (6) The use is compatible with the surrounding residential neighborhood.
113 (7) Distinctive features, finishes, and construction techniques or examples of
114 craftsmanship that characterize the property shall be preserved.
115 (8) The use does not result in the removal of residential characteristics of the
116 structure or site including mature landscaping.
117 (9) The change in use from residential to nonresidential is necessary due to
118 the excessive size of the landmark site for residential uses allowed in the residential
119 district, and/or demonstration that the building cannot reasonably be used for its
120 original intended use.
121 (10) The proposed use will not have a material net cumulative adverse
122 impact on the neighborhood or the City as a whole by considering the following:
123 (A) The spatial distribution of:
124 (i) Business licenses issued for properties located within three
125 hundred feet (300') of any property line and the block frontage on both sides
126 of the street between 100 series addresses; and
127 (ii) Previously approved conditional uses for nonresidential uses
128 in landmark sites within the same planning community, as shown on a map of
129 planning communities maintained by the Zoning Administrator.
130 (B) Impacts on neighboring properties including, but not limited to:
131 (i) Traffic;
132 (ii) Parking;
133 (iii) Signs;
134 (iv) Lighting;
135 (v) Removal of landscaping; and
136 (vi) For the purposes of evaluating subsections S2a(10)(B)(i)
137 through S2a(10)(B)(v) of this section, professionally prepared impact studies
138 shall not be required unless specifically requested by the Zoning
139 Administrator;
140 (vii) Noise, fumes or odors;
141 b. Credit For On Street Parking: Some or all of the off street parking spaces
142 required in section 21A.44.030 of this title may be met by the provision of on street
143 spaces. Such credit shall require the site plan review approval. Requests for on street
144 parking shall meet the following requirements:
5
LEGISLATIVE
145 (1) All on street parking facilities shall be designed in conformance with the
146 standards established by the City Transportation Engineer;
147 (2) Prior to approving any requests for on street parking, the development
148 review team shall determine that the proposed on street parking will not materially
149 adversely impact traffic movements and related public street functions; and
150 (3) Credit for on street parking shall be limited to the number of spaces
151 provided along the street frontage adjacent to the use.
152
153 SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That
154 Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General
155 Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its
156 entirety as follows:
157
158 W. Compliance With Noise Regulations Required: Any construction work in residential
159 zoning districts shall comply with section 9.28.040, "Noises Prohibited", of this Code.
160
161 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6.
162 That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF-
163 35 Moderate Density Multi-Family Residential District: Minimum Yard Requirements: Existing
164 Yards) shall be, and hereby is amended to read as follows:
165 6. Existing Yards: For buildings legally existing on April 12, 1995, the required yard
166 shall be no greater than the established setback line of the existing building unless the
167 proposed yard encroachment is to accommodate additional units. New principal
168 buildings must conform to current yard area requirements, unless the new principal
169 two-family dwelling or twin home has legal conforming status as outlined in
170 section 21A.38.070 of this title.
171
172 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.160.D. That
173 Subsection 21A.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB
174 Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is
6
LEGISLATIVE
175 amended only to eliminate the Land Use “A single dwelling unit located above first floor retail
176 or office uses” from the table in said subsection, with no other changes to the table:
177
178
179 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That
180 Subsection 21A.24.180.I of the Salt Lake City Code (Zoning: Residential Districts: RO
181 Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand
182 Square Feet) shall be, and hereby is amended to read as follows:
183 I. Offices iIn Existing Buildings oOn Lots Less Than Twenty Thousand Square Feet:
184 Offices occupying existing buildings are permitted on a five thousand (5,000) square foot
185 minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of
186 the existing building footprint or that exceed the height of the existing building shall be
187 subject to design review (chapter 21A.59 of this title) unless the existing building is using
188 the incentives in 21A.52.060.
189
190 SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That
191 Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General
192 Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the
193 CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is
194 repealed in its entirety as follows:
195
196 K. Bed And Breakfast Establishments And Reception Centers In Landmark Sites In The CN
197 Neighborhood Commercial And CB Community Business Districts:
198 1. Conditional Use Required: Where not otherwise authorized by this title and after
199 conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this
Land Use Minimum Lot Area Minimum Lot
Width
A single dwelling unit located above first floor
retail or office uses
Included in principal
use
Included in principal
use
7
LEGISLATIVE
200 title, landmark sites in a CN or CB District may be used for a bed and breakfast
201 establishment or reception center subject to the following standards:
202 a. Standards: In addition to the standards for conditional uses, section 21A.54.080 of
203 this title, the Planning Commission shall find the following:
204 (1) The structure is designated as a landmark site on the Salt Lake City Register of
205 Cultural Resources. The designation process must be completed prior to the City
206 accepting a conditional use application for the structure unless the Planning
207 Director determines that it is in the best interest of the City to process the
208 designation and conditional use applications at the same time because of the risk
209 of probable demolition;
210 (2) The use is conducive to the preservation of the landmark site;
211 (3) The use is compatible with the surrounding residential neighborhood; and
212 (4) The use does not result in the removal of residential characteristics of the
213 structure (if the structure is a residential structure), including mature landscaping.
214 b. Condition Of Approval: A preservation easement in favor of the City shall be placed
215 upon the landmark site.
216
217 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section
218 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
219 Conditional Uses for Residential Districts) shall be amended only as to the use categories “Adaptive
220 reuse of a landmark site”, “Dwelling, multi-family” and “Mixed use development” and to repeal
221 only the use category “Temporary use of closed schools and churches”, with no other changes to the
222 table, which aforementioned use categories shall read and appear in that table as follows:
8
223
Permitted And Conditional Uses By DistrictUse
FR-1/
43,560
FR-2/
21,780
FR-3/
12,000
R-1/
12,000
R-1/
7,000
R-1/
5,000
SR-1 SR-2 SR-3 R-2 RMF-
30
RMF-
35
RMF-
45
RMF-
75
RB R-MU-
35
R-MU-
45
R-MU RO
Adaptive
reuse for
additiona
l uses in
eligible
buildings
of a
landmark
site
C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 P8 P8 P8 P8 P86
Dwelling
, multi-
family
P8 P8 P8 P8 P8 P8 P8 P8 P8 P8 P P P P P P P P P
Mixed
use
develop
ment
P1 P P P P
Temporar
y use of
closed
schools
and
churches
C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19
224
LEGISLATIVE
9
LEGISLATIVE
225
226 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the
227 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Residential
228 Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
229 Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to
230 notes “1”, “6”, “8” and “19” which shall appear in numerical order with the other notes and read as
231 follows:
232 1. Reserved. A single apartment unit may be located above first floor retail/office.
233
234 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50
235 percent of the building's footprint. Building additions greater than 50 percent of the
236 building's footprint or new office building construction are subject to a design review
237 unless the building qualifies for the incentives in 21A.52.060.
238
239 8. Subject to conformance with the provisions of sSubsection 21A.52.060.A 21A.24.010S
240 of this title.
241
242 19. Reserved. Subject to section 21A.36.170 of this title.
243
244
245
246 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section
247 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
248 Conditional Uses for Commercial Districts) shall be amended only as to the use category “Bed and
249 breakfast” and to repeal only the use categories “Adaptive reuse of a landmark site”, “House
250 museum in landmark sites” and “Offices and reception centers in landmark sites”, with no other
251 changes to the table, which aforementioned use categories shall read and appear in that table as
252 follows:
253
254
255
Permitted and Conditional Uses by DistrictUse
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CN CB CS1 CC CSHBD1 CG SNB
Adaptive reuse
of a landmark
site
P P P P P P
Bed and
breakfast manor
C3 C3 P P P
House museum
in landmark sites
(see subsection
21A.24.010S of
this title)
C
Offices and
reception centers
in landmark sites
(see subsection
21A.24.010S of
this title)
C
257
258
259 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.030. That the
260 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Commercial
261 Districts of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
262 Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only as to
263 note “3” which shall appear in numerical order with the other notes and read as follows:
264 3. Reserved. When located in a building listed on the Salt Lake City register of cultural
265 resources (see subsections 21A.26.010S and 21A.26.010K of this title).
266
267 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.035. That Section
268 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
269 Conditional Uses for Transit Station Area Districts) is amended only to repeal the use categories
270 “Adaptive reuse of a landmark site”, “House museum in landmark sites” and “Offices and reception
271 centers in landmark sites”, in the Table of Permitted and Conditional Uses for Transit Station Area
272 Districts, with no other changes to the table, as follows:
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273
Permitted and Conditional Uses by District
TSA-UC TSA-UN TSA-MUEC TSA-SP
Use
Core Transition Core Transition Core Transition Core Transition
Adaptive
reuse of a
landmark site
P P P P P P P P
House
museum in
landmark
sites (see
subsection 2
1A.24.010S
of this title)
P P P P P P P P
Offices and
reception
centers in
landmark
sites (see
subsection
21A.24.010.
S of this
title)
P P P P P P P P
274
275
276 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section
277 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
278 Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category
279 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for
280 Manufacturing Districts, with no other changes to the table, as follows:
Permitted and Conditional Uses by DistrictUse
M-1 M-2
Adaptive reuse of a landmark site C C7
281
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282 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the
283 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Manufacturing
284 Districts of Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
285 Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as
286 to note “7” which shall appear in numerical order with the other notes and read as follows:
287 7. Reserved. Building additions on lots less than 20,000 square feet for office uses may not
288 exceed 50 percent of the building's footprint. Building additions greater than 50 percent
289 of the building's footprint or new office building construction are subject to a design
290 review.
291
292 SECTION 16. Amending the text of Salt Lake City Code Section 21A.33.050. That Section
293 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
294 Conditional Uses for Downtown Districts) shall be amended only to repeal the use category
295 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for Downtown
296 Districts, with no other changes to the table, as follows:
Permitted and Conditional Uses by DistrictUse
D-1 D-2 D-3 D-4
Adaptive reuse
of a landmark
site
P P P P4
298
299 SECTION 17. Amending the text of Salt Lake City Code Section 21A.33.050. That the
300 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Downtown
301 Districts of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
302 Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only as to
303 note “4” which shall appear in numerical order with the other notes and read as follows:
304 4. Reserved. Building additions on lots less than 20,000 square feet for office uses may not
305 exceed 50 percent of the building's footprint. Building additions greater than 50 percent
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LEGISLATIVE
306 of the building's footprint or new office building construction are subject to a design
307 review (chapter 21A.59 of this title).
308
309 SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
310 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
311 Conditional Uses in the Gateway District) shall be amended only to repeal the use category
312 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses in the Gateway
313 District, with no other changes to the table, as follows:
Use G-MU
Adaptive reuse of a landmark site P
314
315 SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
316 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
317 Conditional Uses for Special Purpose Districts) shall be amended only for the use categories
318 “Adaptive reuse of a landmark site” and “Dwelling: Multi-family”, in the Table of Permitted and
319 Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows:
14
320
Permitted and Conditional Uses by DistrictUse
RP BP FP AG AG-
2
AG-
5
AG-
20
OS NOS A PL PL-2 I UI MH EI MU
Adaptive
reuse for
additional
uses in
eligible
buildings
of a
landmark
site
C2 C2 C2 C2 P2 P2
Dwelling:
Multi-
family
P2 P2 P2 P P
321
LEGISLATIVE
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322
323 SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the
324 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Special Purpose
325 Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
326 Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only
327 as to note “2” which shall appear in numerical order with the other notes and read as follows:
328 2. Subject to conformance with the provisions of Subsection 21A.52.060.A. When located
329 in a building listed on the Salt Lake City Register of Cultural Resources.
330
331 SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
332 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
333 Conditional Uses in Form Based Districts) shall be amended only as to the use categories “Adaptive
334 reuse of a landmark site”, “Dwelling: Multi-family”, and “Reception center” and to repeal only the
335 use categories “House museum in a landmark”, and “Office and/or reception center in a landmark
336 site”, in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes
337 to the table, as follows:
Permitted and Conditional Uses by DistrictUse
FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE
Adaptive reuse for additional uses
in eligible of a landmark buildings
C9 P
Dwelling:
Multi-family P9 P P P P
House museum in landmark site P P P P P
Office and/or Reception center in a
landmark site
P P P P
Reception center P P P P
338
339
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340 SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the
341 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses in Form Based
342 Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
343 Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note
344 “9”, which shall appear in numerical order with the other notes and read as follows:
345 9. Subject to conformance with the provisions of Subsection 21A.52.060.A.
346
347 SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section
348 21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School
349 Buildings) is hereby repealed in its entirety as follows:
350 21A.36.170: RESERVEDUSE OF CHURCH AND SCHOOL BUILDINGS:
351 A. Change Of Use: In the PL, PL-2, I, UI or any residential district, a change of use of
352 any church or school to a use that is allowed as a permitted use or conditional use in the zoning
353 district may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this
354 title.
355 B. Temporary Use Of Closed Schools And Churches; Authorized As Conditional Use: The
356 temporary use of closed schools and churches may be allowed as a conditional use pursuant to
357 the provisions of chapter 21A.54 of this title, in the zoning districts indicated in the land use
358 tables of this title, provided that:
359 1. Use: The temporary use is for office space or educational purposes for public or private
360 charities.
361 2. Application: The application for a temporary use of a closed school or church shall
362 include, in addition to the application submission requirements of chapter 21A.54 of this title, the
363 following information:
364 a. Building Plans: As part of the application, the applicant shall provide a site plan drawn
365 to scale showing existing structures, auxiliary buildings, existing
366 parking and landscaping, and any proposed changes to the site. In converting the existing facility
367 to the proposed conditional use, no major exterior or interior alterations of the building shall be
368 made which render the building incompatible with a return to its use as a school or church; and
369 b. Use Plan: A proposed use plan including:
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370 (1) Hours and days of operation,
371 (2) Evidence of noise, odor or vibration emissions,
372 (3) Evidence of the number of classes, including hours taught, days taught, and the
373 expected class size,
374 (4) Average number of clients per day and the frequency of turnover of the clients, and
375 (5) Number of employees, staff or volunteers, both total and expected to be on the
376 premises at any given time.
377 3. Prohibition: No provision of this section shall be construed to allow any use in a
378 closed school or church for retail, residential or industrial purposes, or any use involving any
379 type of correctional or institutional facility.
380 4. Ownership: The School Board or church shall remain the owner of the property during
381 the period of time for which the conditional use is granted and any change of ownership away
382 from the School Board or church shall immediately cause the conditional use to terminate.
383 5. Automatic Termination Of Use: If the School Board or church group determines that no
384 future public or religious use will be made of the building as a public school or church, the
385 conditional use as granted under this section shall immediately cease and the property shall
386 thereafter be used only for uses permitted in the zoning district.
387 6. Temporary Use: The conditional use provided by this section shall be temporary only.
388 The time of such use shall be subject to the decision of the Planning Commission based on its
389 consideration of the criteria specified in subsection B7 of this section. The Planning Commission
390 may authorize the conditional use for a period not to exceed five (5) years, which may be
391 renewed for additional periods not in excess of five (5) years.
392 7. Termination For Excess Use: If the Planning Commission determines that the conditional
393 use is being used substantially in excess of the plan for use submitted pursuant to subsection B2b
394 of this section, the Planning Commission may, after an informal hearing, revoke the conditional
395 use if it determines that the excess use is having a negative impact on the neighborhood.
396
397 SECTION 24. Amending the text of Subsection 21A.44.060.A.1 That Subsection
398 21A.44.060.A.1 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading:
399 Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building
400 Served), shall be and hereby is amended to read as follows:
401 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required
402 to serve buildings or uses erected or established after the effective date of this
403 ordinance shall be located on the same lot or parcel as the building or use served,
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LEGISLATIVE
404 unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, "Off-Site Parking
405 Permitted", or 21A.55.020, “Planned Developments – Authority”.
406
407 SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That
408 Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall
409 be, and hereby is amended to read as follows:
410
411 21A.52.020 APPLICABILITY:
412 A. This chapter applies as indicated within each subsection.
413 B. The planned development process in Chapter 21A.55 is not required as indicated within
414 this chapter.
415 C. The administrative planned development process in Chapter 21A.55, and the
416 administrative design review process in Chapter 21A.59 may be applicable as indicated
417 within this chapter.
418
419 SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That
420 Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base
421 Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as
422 follows:
423
424 21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
425 ZONING DISTRICTS:
426 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
427 standards and requirements take precedence except as indicated in this section.
428
429 SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That
430 Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process)
431 shall be, and hereby is amended to read as follows:
432
433 21A.52.040: APPROVAL PROCESS:
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LEGISLATIVE
434 Unless specifically exempted or modified by this chapter, all requirements of this title shall
435 apply.
436 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a
437 zoning incentives application and provide the following information:
438 1. The applicant's name, address, telephone number and interest in the property to which
439 the incentives shall apply;
440 2. The owner's name, address and telephone number, if different than the applicant, and
441 the owner's signed consent to the filing of the application;
442 3. The street address, tax parcel number and legal description of the subject property;
443 4. The zoning classification, zoning district boundaries and present use of the subject
444 property;
445 5. The location of all existing and proposed buildings and structures, accessory and
446 principal, showing the number of stories and height, dwelling type, if applicable,
447 major elevations and the total square footage of the floor area by proposed use and
448 any additional information required for site plan review set forth in Chapter 21A.58;
449 6. The total number of dwelling units in the project, the number of affordable units, the
450 number of bedrooms in the affordable units, the location of the affordable units, and
451 level of affordability; and
452 7. Any additional information required by Chapter 21A.59 design review or 21A.55
453 planned development, to demonstrate compliance with the requirements of this
454 chapter, as applicable; and
455 8. Any additional information the zoning administrator deems necessary to demonstrate
456 compliance with this chapter.
457 B. Preliminary approval shall authorize the preparation, filing and processing of applications
458 for any permits or approval that may be required by the city, including, but not limited to,
459 a building permit. Notwithstanding the foregoing, no permits shall be issued until final
460 approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a
461 period of one year unless complete building plans have been submitted to the Division of
462 Building Services.
463 C. Administrative design review and administrative planned development, where applicable,
464 shall be exempt from the application fees and noticing fees otherwise required pursuant
465 to Chapters 21A.59 and 21A.55.
466 D. Following the approval of any administrative design review or planned development
467 application, any future alteration to the property, building or site shall comply with the
468 approved design review application unless a modification is approved subject to the
469 process outlined in Chapters 21A.59 and 21A.55, as applicable.
470 E. Final approval shall occur following the recording of the restrictive covenant.
471 F. Preliminary and final approvals shall be administrative approvals by the planning director
472 or the planning director's designee.
473
474 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That
475 Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable
476 Housing Incentives: Purpose) shall be and hereby is amended to read as follows:
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LEGISLATIVE
477
478 21A.52.050 AFFORDABLE HOUSING INCENTIVES:
479 A. Purpose: The incentives set forth in this section chapter are intended to encourage the
480 development of affordable housing. The provisions within this section are intended to
481 facilitate the construction of affordable housing by allowing more inclusive development
482 than would otherwise be permitted in the base zoning districts. Housing constructed using
483 the incentives is intended to be compatible in form with the neighborhood and provide for
484 safe and comfortable places to live and play.
485
486 SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3.
487 That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives:
488 Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows:
489
490 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General
491 Commercial, and I Institutional Zoning Districts:
492 a. The following housing types: row houses, sideways row houses, and cottage
493 developments are authorized provided the affordability requirements in
494 subsection b. are complied with;.
495 b. The minimum open space requirements in the I Institutional zoning district do
496 not apply.
497 c. To be eligible for the incentives listed in this subsection 3a., a development shall
498 meet the affordability requirements for Type C in Table 21A.52.050.G.
499
500 SECTION 30. Amending the text of Salt Lake City Code Chapter 21A.52. That Chapter
501 21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended
502 to add a new Section 21A.52.060, with no other revisions to the chapter, to read as follows:
503 21A.52.060: BUILDING PRESERVATION INCENTIVES:
504 The provisions in this section provide optional incentives to development projects that include
505 the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may
506 be combined with the incentives outlined in Subsection 21A.52.060.B.
507 A. Adaptive Reuse for Additional Uses in Eligible Buildings:
508
509 1. Purpose: To allow additional land uses in buildings that generally contribute to the
510 character of the city so they can be redeveloped for economically viable uses. These
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LEGISLATIVE
511 buildings may be underutilized or have outlived their original use due to economic
512 conditions, size of the building, a substantial degree of deterioration of the property,
513 or other factors. Eligible buildings may hold historical or cultural significance or
514 contribute to the existing neighborhood fabric through their architectural features,
515 size, or previous use.
516
517 2. Applicability: The incentives in this subsection apply to adaptive reuse of a building
518 that meets the eligibility standards in 21A.52.060.A.3.
519
520 3. Eligibility Standards:
521 a. The following buildings are eligible for the incentives in this subsection:
522 (1) Landmark Sites;
523 (2) Buildings individually listed on the National Register of Historic Places;
524 (3) Buildings designed and formerly used for schools, hospitals, places of
525 worship, or other similar institutional uses; and
526 (4) Buildings that the planning director has deemed significant based on the
527 structure’s association with events that have contributed to broad patterns of
528 history, association with lives of persons important in the city’s past, or
529 displays distinctive characteristics of a type, period, or method of
530 construction.
531 b. Exterior features that are important in defining the overall character of the
532 building shall be retained.
533 c. Exterior alterations to the eligible building shall meet the standards in
534 21A.34.020.G.
535 d. The proposed use is conducive to the preservation of the building.
536 e. A change of use to a residential use is not permitted in the OS (Open Space)
537 zoning district.
538 f.If the eligible building is located in a residential zoning district, and the existing
539 use is residential, a change of use to nonresidential is not permitted.
540 g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate
541 of Appropriateness in accordance with 21A.34.020.
542 4. Incentives:
543 a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use
544 may be allowed as a permitted or conditional use in zoning districts where
545 Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use
546 tables in Chapter 21A.33, subject to the provisions in this subsection and any
547 specific provisions applicable to the use in this title. Any conditional use shall be
548 reviewed pursuant to the procedures and standards outlined in Chapter 21A.54.
549 (1) Prohibited Uses: A change of use to one of the following uses is prohibited:
550 Ambulance services (indoor and outdoor), amusement park, auditorium, bio-
551 medical facility, bus line station/terminal, bus line yard and repair facility, car
552 wash, check cashing/payday loan business, community correctional facility
553 (large and small), contractor’s yard/office, drive-through facility associated
554 with any use, equipment rental (indoor and outdoor), gas station, heliport,
555 hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind
556 energy system, laundry and dry cleaning establishments, limousine service
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LEGISLATIVE
557 (large and small), heavy manufacturing, pet cemetery, recycling collection
558 station, sexually oriented business, sign painting/fabrication, storage
559 (outdoor), public storage (outdoor), wireless telecommunications facility,
560 homeless resource centers, and any other uses that are only allowed in the
561 manufacturing districts.
562 b. Parking and Loading: The following are the minimum off-street parking and
563 loading requirements for the eligible building. These minimums may be further
564 reduced with the alternatives to minimum parking calculations in 21A.44.050.
565 (1) Multi-Family: 0.5 off-street parking space per dwelling unit is required;
566 (2) Nonresidential: The minimum number of required off-street parking spaces
567 for the proposed use listed in the general context of the required off-street
568 parking table in 21A.44 may be reduced by 40%;
569 (3) Existing Parking Below the Minimum: If the existing parking for the eligible
570 building does not meet the minimum off-street parking requirements above,
571 no additional parking shall be required;
572 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
573 c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements
574 of the zoning district do not apply for the adaptive reuse in all zoning districts. In
575 the RMF-30 zoning district, the minimum lot size per dwelling unit does not
576 apply.
577
578 5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection
579 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of
580 which shall be approved by the city attorney. The restrictive covenant shall be
581 recorded on the property with the Salt Lake County Recorder prior to issuance of a
582 building permit for a building using the incentives. The restrictive covenant shall run
583 with the land for the duration of the adaptive reuse and shall provide for the
584 following, without limitation:
585 a. Acknowledge the use of the incentives, the nature of the approval, and any
586 conditions thereof;
587 b. Shall guarantee that the physical elements of the eligible building used to qualify
588 for the incentives shall remain in substantially the same form and exterior features
589 important to the character of the building shall be preserved for the duration of the
590 adaptive reuse or if subject to 21A.34.020, indefinitely unless otherwise permitted
591 by the terms of a certificate of appropriateness;
592 c. The terms of compliance with all applicable regulations and the potential
593 enforcement actions for any violation of the restrictive covenant.
594
595 6. Modifications to Approved Adaptive Reuse: Any modification to the use approved
596 under these incentives requires a new zoning incentives application. Any new
597 adaptive reuse shall also require a new zoning incentives application unless the new
598 use is permitted in the table of permitted and conditional uses for the zoning district.
599
600 7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the
601 property as set forth in 21A.52.060.A.5, shall be investigated and prosecuted pursuant
602 to 21A.20. The city shall have additional remedies or financial penalties for
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LEGISLATIVE
603 violations as identified in the terms of the restrictive covenant required by Subsection
604 21A.52.060.A.5, which shall be reasonably related to enforcement of the
605 requirements and purpose of Subsection 21A.52.060.A.
606
607 B. Preservation of a Principal Building:
608
609 1. Purpose: The incentives set forth in this section are intended to encourage the
610 preservation of buildings, supporting city goals related to sustainability,
611 neighborhoods, economy, and housing. The provisions are designed to support
612 developments that include preserving an eligible building by allowing flexibility with
613 certain zoning regulations while still maintaining the unique urban fabric and
614 character of neighborhoods.
615
616 2. Applicability: The incentives in this subsection apply to projects in all zoning districts
617 that preserve an existing principal building that meets the eligibility standards in
618 21A.52.060.B.3. These incentives may be applied to existing principal buildings and
619 new construction within the same development area. For the purposes of this
620 subsection, the development area may include multiple abutting lots or parcels.
621
622 3. Eligibility Standards:
623 a. Building Age: The existing building to be preserved was built prior to 1976.
624 b. Minimum Footprint of Eligible Building: The footprint of the eligible building to
625 be preserved covers a minimum of 25% of the development area. A lower
626 percentage may be considered by the planning director if the building has frontage
627 on a public street, contains a publicly accessible use such as retail, restaurant, or
628 entertainment, or would be highly visible from public spaces within the interior of
629 the site.
630 c. Retention of All Existing Principal Structures: In the FR-1, FR-2, FR-3, R -
631 1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, SR-3, and all RMF zoning
632 districts, all existing principal structures included in the overall development area
633 shall be retained.
634 d. Modifications to Existing Building: A maximum of 25% of each street facing
635 building wall may be removed to accommodate modifications or additions. No
636 more than 50% of the building’s exterior walls may be removed. Portions of a
637 building wall with character defining architectural features shall not be removed.
638 e. Retention of Existing Active Commercial Uses: Eligible buildings with existing
639 active commercial uses with ground level street frontage are subject to the
640 following requirements. For the purpose of this subsection, active commercial
641 uses are those that support the vibrancy and usability of the public realm adjacent
642 to a building and encourage pedestrian activity and walk-in traffic. Active uses
643 may include retail goods/service establishments, restaurants, bars, art and craft
644 studios, or other uses determined to be substantially similar in terms of activation
645 by the planning director.
646 (1) A minimum of 50% of the length shall be retained along the street frontage in
647 the existing building or be included as part of the new development. If
648 included in the new development, the active commercial use shall have the
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LEGISLATIVE
649 primary entrance on the street frontage with direct public access from the
650 street frontage.
651 (2) The existing depth of the active commercial use shall be maintained or a
652 minimum depth of 25 feet, whichever is less.
653 (3) These requirements do not apply to nonconforming active commercial uses
654 with ground level street frontage.
655
656 4. Incentives:
657 a. Planned Development Waived: A planned development is not required for the
658 following:
659 (1) More Than One Principal Building Per Lot: More than one principal building
660 per lot is allowed without having frontage along a public street.
661 (2) Lots without Frontage on a Public Street: Lots do not require frontage on a
662 public street if necessary cross access easements are provided.
663 b. Administrative Planned Development: The following are authorized through an
664 administrative planned development pursuant to the procedures and standards in
665 Chapter 21A.55. The minimum planned development size required by
666 21A.55.060 does not apply:
667 (1) Modification to the minimum yard requirements.
668 (2) Modification to the open space and landscaping requirements when the
669 modification specifically relates to preserving the existing building(s).
670 (3) Modifications to the provisions for awnings and canopies, balconies, patios,
671 and porches in Table 21A.36.020.B, Obstructions in Required Yards.
672 (4) Modifications to the parking location and setback requirements in Table
673 21A.44.060.A.
674 (5) Parking within the boundary of a planned development area but located on a
675 different parcel or lot than the use(s) it is intended to serve, is allowed and is
676 not considered off-site parking. The parking must only serve the uses within
677 the planned development area unless otherwise authorized by other provisions
678 of this title.
679 c.Minimum Lot Area, Width & Coverage:
680 (1) The minimum lot width for the land use found in the minimum lot area and lot
681 width tables of the zoning district does not apply.
682 (2) The minimum lot area for the land use found in the minimum lot area and lot
683 width tables of the zoning district only applies for the following zoning
684 districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000.
685 (3) RMF-30 zoning district: The minimum lot size per dwelling unit does not
686 apply.
687 (4) Lot coverage may be calculated for the overall development area not the
688 individual lot or parcel within the development area.
689 d.Height: Additional building height is authorized in zoning districts as indicated in
690 the following sections through administrative design review. The maximum
691 height per story of the additional building height incentive shall not exceed 12
692 feet. Administrative design review shall be reviewed pursuant to the procedures
693 and standards in Chapter 21A.59. The additional height authorized by this
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LEGISLATIVE
694 subsection shall not be combined with the additional height authorized by
695 Subsection 21A.52.050, Affordable Housing Incentives.
696
697 (1) Residential districts:
Zoning District Permitted Maximum Height with Incentive
RMU-35 45’, regardless of abutting use or zone.
RMU-45 55’, regardless of abutting use or zone.
RB 1 additional story equal to or less than the average height of the
other stories in the building.
RMU 3 additional stories equal to or less than the average height of the
other stories in the building.
RO 1 additional story equal to or less than the average height of the
other stories in the building.
698
699 (2) Commercial Districts:
Zoning District Permitted Maximum Height with Incentive
CB 1 additional story equal to or less than the average height of the
other stories in the building.
CN May build one additional story equal to or less than the average
height of the other stories in the building.
CC 45’
CG 2 additional stories equal to or less than the average height of
the other stories in the building.
3 additional stories equal to or less than the average height of
the other stories in the building for properties in the boundary
described in 21A.26.070.G.
CSHBD1 105’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
CSHBD2 60’ and 1 additional story equal to or less than the average
height of the other stories in the building.
TSA-Transition 1 additional story equal to or less than the average height of the
other stories in the building.
TSA-Core 2 additional stories equal to or less than the average height of
the other stories in the building.
700
26
LEGISLATIVE
701 (3) Form-based districts:
Zoning District Permitted Maximum Height with Incentive
MU-8 90’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
FB-MU11 125’ and 3 additional stories equal to or less than the average
height of the other stories in the building.
FB-UN2 1 additional story equal to the average height of the other stories
in the building.
FB-SC 1 additional story equal to the average height of the other stories
in the building.
FB-SE 1 additional story equal to the average height of the other stories
in the building.
FB-UN1 3 stories and 30’ in height.
702
703 (4) Downtown districts:
Zoning District Permitted Maximum Height with Incentive
D-2 120’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
D-3 180’ and 3 additional stories equal to or less than the average
height of the other stories in the building.
704
705 (5) Other districts:
Zoning District Permitted Maximum Height with Incentive
GMU 180’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
MU 60’ provided that the additional height is for residential uses
only.
I Building heights in excess of 35' but not more than 75'
provided, that for each foot of height over 35', each required
yard shall be increased 1'.
UI Building heights in excess of 75' but not more 120' provided
that the additional height is supported by the master plan and
compatible with the adjacent neighborhood.
OS – Lots greater than 4
acres
Building heights in excess of 45’ up to 60’ provided that for
each foot of height over 45’, each required yard and landscaped
yard shall be increased by 1’.
706
27
LEGISLATIVE
707
708 e. Administrative design review is permitted for the following:
709 (1) Buildings in the CSHBD1 or CSHBD2 zoning district that exceed 20,000
710 square feet in size.
711 (2) Buildings in the CB zoning district that exceed 7,500 gross square feet of floor
712 area for a first-floor footprint or in excess of 15,000 gross square feet floor
713 area.
714 f. Parking: The following are the minimum off-street parking requirements unless a
715 lesser requirement is listed in the required off-street parking table in 21A.44.
716 These minimums may be further reduced with the alternatives to minimum
717 parking calculations in 21A.44.050.
718 (1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling
719 unit for all other residential uses.
720 (2) Nonresidential: The minimum number of required off-street parking spaces
721 for the proposed use listed in the required off-street parking table in 21A.44
722 may be reduced by 40%.
723 (3) Existing Parking Below the Minimum: If the existing parking for the eligible
724 building does not meet the minimum off-street parking requirements above,
725 no additional parking shall be required.
726 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
727
728 g. Minimum Required Yards: The minimum required yards may apply to the
729 perimeter of the development area and not to the individual lot or parcel within
730 the development area.
731
732 5. Design Standards for New Construction: Unless a stricter design standard related to
733 each of the following is included in the base zone or Chapter 21A.37, the following
734 design standards are required for all zones except single and two-family zoning
735 districts:
736 a. Building Materials: Other than windows and doors, 50% of any street facing
737 facade shall be clad in durable materials. Durable materials include stone, brick,
738 masonry, textured or patterned concrete, fiber cement board or other material that
739 includes a minimum manufacturer warranty of 20 years from color fading,
740 weather, and local climate induced degradation of the material. Other materials
741 may be used for the remainder of the facade facing the street. Other materials
742 proposed to satisfy the durable requirement may be approved at the discretion of
743 the planning director if it is found that the proposed material is durable and is
744 appropriate for the proposed location on the building.
745 b. Ground Floor Glass: The surface area of the ground floor of a street facing façade
746 shall contain a minimum percentage of glass as indicated below, calculated
747 between 3 feet and 8 feet above grade. All ground floor glass shall allow
748 unhampered and unobstructed visibility into the building for a depth of at least 5
749 feet, excluding any glass etching and window signs when installed and permitted
750 in accordance with Chapter 21A.46, "Signs", of this title.
751 (1) Nonresidential Uses: 50% ground floor glass
752 (2) Residential Uses: If the ground level of the building is occupied by residential
753 uses that face the street, the minimum glass requirement is 20%.
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LEGISLATIVE
754 c. Upper Floor Glass: The surface area of the façade of each street facing floor
755 above the ground floor must contain a minimum of 20% glass.
756 d. Maximum Length of a Blank Wall: The maximum length of any blank wall
757 uninterrupted by windows or doors at the ground floor level along any street
758 facing façade is 15 feet. Emergency exit doors and doors to access structured
759 parking or utility equipment shall not count as an interruption.
760 e. Maximum Length of Street Facing Facades:
761 (1) The maximum length of each street facing building facade shall not exceed
762 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts.
763 (2) The maximum length of each street facing building façade shall not
764 exceed 175 feet in all other zoning districts.
765 f.Building Entrances: A building entrance that provides direct access to the use
766 with a walkway connected to the public sidewalk is required for each ground floor
767 street facing façade as follows:
768 (1) Single Family Attached: All units abutting a street shall have the primary
769 entrance on the street.
770 (2) Multi-family: At least one building entrance is required for each street facing
771 façade. Additional building entrances shall be required every 75 feet.
772 (3) Unless the base zone of the property has specific entry feature requirements,
773 all required residential building entries shall have an unenclosed entry porch,
774 portico, awning or canopy, or emphasized doorway entry feature as described
775 in 21A.37.050.P. The entry feature may encroach in the front yard setback,
776 but the encroachment shall not be closer than 5 feet from the front property
777 line.
778 (4) Nonresidential Uses: At least one building entrance is required for each street
779 facing façade. Additional building entrances shall be required every 40 feet.
780 g. Garage Doors Facing Street: Garage doors are prohibited on the façade of the
781 building that is parallel to, or located along, a public street.
782 h. Screening of Mechanical Equipment: All mechanical equipment shall be screened
783 from public view and sited to minimize their visibility and impact. Examples of
784 siting include on the roof, enclosed or otherwise integrated into the architectural
785 design of the building, or in a rear or side yard area subject to yard location
786 restrictions found in Section 21A.36.020, Table 21A.36.020B, “Obstructions In
787 Required Yards”.
788
789 6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection
790 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of
791 which shall be approved by the city attorney. The restrictive covenant shall be
792 recorded on the property with the Salt Lake County Recorder prior to issuance of a
793 building permit for a building using the incentives. The restrictive covenant shall run
794 with the land and shall provide for the following, without limitation:
795 a. Acknowledge the use of the incentives, the nature of the approval, and any
796 conditions thereof;
797 b. Shall guarantee that the physical elements of the eligible building used to qualify
798 for the incentives shall remain in substantially the same form and exterior features
799 important to the character of the building shall be preserved during the term;
800 c. Projects that apply the incentives to new buildings on the development site shall
801 guarantee retention of the eligible building used to qualify for the incentives for a
29
LEGISLATIVE
802 minimum term of 30 years or, if the eligible building is subject to 21A.34.020,
803 indefinitely unless otherwise permitted by the terms of a certificate of
804 appropriateness after such 30 year period;
805 d. The terms of compliance with all applicable regulations and the city’s potential
806 remedies for any violation of the restrictive covenant.
807
808 7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the
809 property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant
810 to 21A.20. The city shall have additional remedies or financial penalties for violations
811 as identified in the terms of the restrictive covenant required by Subsection
812 21A.52.060.B.6, which shall be reasonably related to enforcement of the
813 requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a
814 violation of the covenant may include liquidated damages representing a reasonable
815 estimate of the value of the incentives, plus other associated damages valued up to
816 20% of the tax assessed value of the preserved building over the three preceding
817 years.
818
819
820 SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That
821 Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall
822 be, and hereby is amended to read as follows:
823
824 21A.55.020: AUTHORITY:
825 A. Administrative Review: The planning director may approve, approve with
826 modifications, deny, or refer to the planning commission modifications to specific
827 zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying
828 provisions in 21A.52.060.B in accordance with the standards and procedures set forth in
829 this chapter and other regulations applicable to the district in which the property is
830 located.
831
832 B. Planning Commission Review: The Pplanning Ccommission may approve planned
833 developments for uses listed in the tables of permitted and conditional uses for each
834 category of zoning district or districts. The approval shall be in accordance with the
835 standards and procedures set forth in this chapter and other regulations applicable to the
836 district in which the property is located.
837 In approving a planned development, the Pplanning Ccommission may change, alter,
838 modify or waive the following provisions of this title:
839 1A. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ccity's
840 subdivision regulations as they apply to the proposed planned development except
841 that the Pplanning Ccommission cannot approve a use that is not allowed in the
842 zoning district in which the planned development is located, with the exception of
843 off-site parking as further described in this section.
30
LEGISLATIVE
844 2B. Off-Site Parking: Off-site pParking within the boundary of a planned development
845 area, but located on a different parcel or lot than the use(s) it is intended to serve, is
846 in zoning districts where off-site parking is not an allowed and not considered off-
847 site parking use. The parking must only serve the uses be located within the planned
848 development area unless otherwise authorized by other provisions of this title.
849 3C.Building Height: Up to five feet (5') of additional building height, except in the FR,
850 R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be
851 approved through the planned development process.
852 4D.Density: Residential planned developments shall not exceed the density limitation
853 of the zoning district where the planned development is proposed except as allowed
854 below. The calculation of planned development density may include open space that
855 is provided as an amenity to the planned development. Public streets located within
856 or adjacent to a planned development shall not be included in the planned
857 development area for the purpose of calculating density.
858 a1. In the RMF Zzoning Ddistricts and on lots 0.20 acres or more in size,
859 developments that change a nonconforming commercial use to a residential use
860 that is allowed in the zoning district are exempt from the density limitations of
861 the zoning district when approved as a planned development.
862
863 SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That
864 Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning
865 Commission Decision) shall be and hereby is amended to read as follows:
866
867 21A.55.030: PLANNING COMMISSION DECISION:
868
869 A. No Presumption Oof Approval: A request for a planned development does not constitute
870 an assurance or presumption that such planned development will be approved. Rather,
871 each proposed planned development shall be evaluated on an individual basis, in relation
872 to its compliance with the standards and factors set forth in this chapter and with the
873 standards for the zoning district in which it is located, in order to determine whether the
874 planned development is appropriate at a particular location.
875
876 B. Approval: The Pplanning Ccommission or planning director in the case of administrative
877 planned developments, may approve a planned development as proposed or may impose
878 conditions necessary or appropriate for the planned development to comply with the
879 standards and factors set forth in this chapter.
880
881 C. Denial: The Pplanning Ccommission or planning director in the case of administrative
882 planned developments, may deny an application for a planned development if it finds that
883 the proposal does not meet the intent of the base zoning district, does not meet the
31
LEGISLATIVE
884 purpose of this chapter, or is not consistent with the standards and factors as set forth in
885 this chapter.
886
887
888 SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That
889 Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures)
890 shall be and hereby is amended to read as follows:
891
892 21A.55.040: PROCEDURES:
893
894 A. Application: An application for a planned development shall be made on an application
895 form prepared by the zoning administrator and accompanied by applicable fees as noted
896 in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible
897 for payment of all mailing fees established for required public noticing. The applicant
898 must file an application for planned development approval with the Planning Director. A
899 complete application shall contain at least the following information submitted by the
900 applicant, unless certain information is determined by the zoning administrator Planning
901 Director to be inapplicable or unnecessary to appropriately evaluate the application. The
902 application submittal shall include one paper copy and one digital copy:
903
904 1. A complete description of the proposed planned development including the zoning
905 regulations being modified in the planned development and the planning objectives
906 being met;
907 2. When the proposed planned development includes provisions for common open space
908 or recreational facilities, a statement describing the provision to be made for the care
909 and maintenance of such open space or recreational facilities;
910 3. A written statement with supporting graphics showing how the proposed planned
911 development is compatible with other property in the neighborhood;
912 4. Plans, as required pursuant to sSection 21A.58.060 of this title, with the exception of
913 the number of copies required;
914 5. Architectural graphics including floor plans, elevations, profiles and cross sections;
915 6. A preliminary subdivision plat, if required;
916 7. Traffic impact analysis, where required by the City Transportation Division; and
917 8. Other information or documentation the zoning administratorPlanning Director may
918 deem necessary for proper review and analysis of a particular application.
919
920 B. Determination Oof Completeness: Upon receipt of an application for a planned
921 development, the zoning administratorPlanning Director shall make a determination of
922 completeness of the application pursuant to sSection 21A.10.010 of this title.
923
924 C. Public Notification and Engagement:
925
32
LEGISLATIVE
926 1. Notice of Application for Administrative Review: Prior to the approval of an
927 application that qualifies for administrative review, the planning director shall
928 provide written notice as provided in Chapter 21A.10.020.B.
929
930 2. Required Notice for Planning Commission Review:
931 a. Applications subject to planning commission review are subject to the notification
932 requirements of Chapter 2.60.
933 b. Any required public hearing is subject to the public hearing notice requirements
934 found in Chapter 21A.10.
935
936 Staff Report: Upon completing a site plan review and receiving recommendations from
937 applicable City department(s)/division(s), a staff report evaluating the planned development
938 application shall be prepared by the Planning Division and forwarded to the applicant and the
939 Planning Commission.
940
941 D. Public Hearing: The Planning Commission shall hold a public hearing to review the
942 planned development application in accordance with the standards and procedures set
943 forth in chapter 21A.10 of this title.
944
945 E. Planning Commission Action: Following the public hearing, the Planning Commission
946 shall decide, on the basis of the standards contained in section 21A.55.050 of this chapter
947 whether to approve, approve with modifications or conditions, or deny the application.
948
949 F. Notification Of Decision: The Planning Director shall notify the applicant of the decision
950 of the Planning Commission in writing, accompanied by one copy of the submitted plans
951 marked to show such decision and a copy of the motion approving, approving with
952 modifications, or denying the development plan application.
953
954
955 SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That
956 Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for
957 Planned Developments) shall be, and hereby is amended, as to the preamble only with
958 Subsections A through G unchanged:
959
960 21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS:
961
962 The Pplanning Ccommission, or the planning director in the case of an administrative planned
963 development, may approve, approve with conditions, or deny a planned development based upon
964 written findings of fact according to each of the following standards. It is the responsibility of the
965 applicant to provide written and graphic evidence demonstrating compliance with the following
966 standards:
967
33
LEGISLATIVE
968
969 SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That
970 Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the
971 Planning Commission Decision) shall be and hereby is amended to read as follows:
972
973 21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION:
974 Any person adversely affected by a final decision of the Pplanning Ccommission or planning
975 director in the case of administrative planned developments, on an application for a planned
976 development may appeal to the Aappeals Hhearing Oofficer in accordance with the provisions
977 of cChapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome
978 of the appeal, except as provided for under sSection 21A.16.030F of this title.
979
980 SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That
981 Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on
982 Approved Planned Development) shall be and hereby is amended to read as follows:
983
984 21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT:
985 No planned development approval shall be valid for a period longer than one year unless a
986 building permit has been issued or complete building plans have been submitted to the Division
987 of Building Services and Licensing. The Pplanning Ccommission or planning director in the case
988 of an administrative planned development, may grant an extension of a planned development for
989 up to one additional year when the applicant is able to demonstrate no change in circumstance
990 that would result in an unmitigated impact. Extension requests must be submitted prior to the
991 expiration of the planned development approval.
992
993 SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That
994 Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of
995 Approval of Planned Development) shall be and hereby is amended to read as follows:
996
997 21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT:
34
LEGISLATIVE
998
999
1000
1001
1002
1003
1004
1005
1006
The approval of a proposed planned development by the Pplanning Ccommission or planning
director in the case of an administrative planned development, shall not authorize the
establishment or extension of any use nor the development, construction, reconstruction,
alteration or moving of any building or structure, but shall authorize the preparation, filing and
processing of applications for any permits or approvals that may be required by the regulations
of the Ccity, including, but not limited to, a building permit, a certificate of occupancy and
subdivision approval.
SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That
1007 Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
to Development Plan) shall be and hereby is amended to read as follows:
21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN:
Following planned development approval, the development plan approved by the Pplanning
Ccommission or planning director in the case of an administrative planned development, shall
constitute the site design in relation to building placement and design, landscaping, mobility and
circulation elements, and any elements that were approved as zoning modifications through the
planned development process. Modifications to the development plan may be allowed pursuant
to this section.
A. New Application Required Ffor Modifications Aand Amendments: No substantial
Mmodifications or amendments shall be made in the construction, development or use
without a new application under subject to the provisions of this section.title. Minor
modifications or amendments may be made subject to written approval of the Planning
Director and the date for completion may be extended by the Planning Commission upon
recommendation of the Planning Director.
B. Minor Modifications: The Pplanning Ddirector may authorize minor modifications to the
approved development plan pursuant to the provisions for modifications to an approved
site plan as set forth in chapter 21A.58 of this title when such modifications appear
necessary in light of technical or engineering considerations necessary to comply with an
adopted building, fire, or engineering code or standard or when the modification complies
with the applicable standards in the underlying zoning district or overlay district. Such
minor modifications shall be limited to the following elements:
1. Adjusting the distance as shown on the approved development plan between any
one structure or group of structures, and any other structure or group of structures,
or any vehicular circulation element or any boundary of the site;
2. Adjusting the location of any open space;
35
LEGISLATIVE
1034 3. Adjusting any final grade;
1035 4. Altering the types of landscaping elements and their arrangement within the
1036 required landscaping buffer area;
1037 5. Signs;
1038 6. Relocation or construction of accessory structures that comply with the provisions
1039 of 21A.40 and any applicable accessory structure regulations; or
1040 7. Additions which comply with the lot and bulk requirements of the underlying
1041 zone.
1042 Such minor modifications shall be consistent with the intent and purpose of this title and
1043 the development plan as approved pursuant to this chapter and shall be the minimum
1044 necessary to overcome the particular difficulty comply with the standards of the
1045 underlying zoning district or the applicable building, fire, or engineering code or standard
1046 and shall not be approved if such modifications would result in a violation of any
1047 standard or requirement of this title. A minor modification shall not be approved if the
1048 modification reduces a required building setback, authorizes an increase in lot coverage,
1049 or increases building height.
1050 C. Major Modifications: Any modifications to the approved development plan not
1051 authorized by sSubsection B of this section shall be considered to be a major
1052 modification. The Pplanning Ccommission or planning director in the case of an
1053 administrative planned development, shall give notice to all property owners consistent
1054 with notification requirements located in chapter 21A.10 of this title. The Pplanning
1055 Ccommission or planning director in the case of an administrative planned development,
1056 may approve an application for a major modification to the approved development plan,
1057 not requiring a modification of written conditions of approval or recorded easements,
1058 upon finding that any changes in the plan as approved will be in substantial conformity
1059 with the approved development plan. If the commission or planning director in the case
1060 of an administrative planned development, determines that a major modification is not in
1061 substantial conformity with the approved development plan, then the commission or
1062 planning director in the case of an administrative planned development, shall review the
1063 request in accordance with the procedures set forth in this section.
1064 D. Other Modifications: Any modification to the planned development that complies with
1065 the standards of the underlying zoning district or overlay zoning district is allowed
1066 provided the modification does not violate a condition of approval or other requirement
1067 placed on the planned development as part of the approval of the application and required
1068 permits and approvals are obtained.
1069
36
LEGISLATIVE
1070 SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That
1071 Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority:
1072 Administrative Review) shall be, and hereby is amended to read as follows:
1073 A. Administrative Review: The planning director may approve, approve with modifications,
1074 deny or refer to the planning commission modifications to specific design standards when
1075 proposed as new construction, an addition or modification to the exterior of an existing
1076 structure, or a modification to an existing structure as authorized in Section 21A.59.040,
1077 Table 21A.59.040 of this chapter or when authorized in the specific zoning district
1078 elsewhere in this title.
1079 1. The director shall approve a request to modify a design standard if the director
1080 finds that the proposal complies with the purpose of the individual zoning district,
1081 the purpose of the individual design standards that are applicable to the project,
1082 the proposed modification is compatible with the development pattern of other
1083 buildings on the block face or on the block face on the opposite side of the street,
1084 and the project is compliant with the applicable design review objectives
1085 (Section 21A.59.050 of this chapter).
1086 2. The director may approve a request to modify a design standard with conditions
1087 or modifications to the design if the director determines a modification is
1088 necessary to comply with the purpose of the base zoning district, the purpose of
1089 the applicable design standards of the base zoning, to achieve compatibility with
1090 the development pattern of other buildings on the block face or on the block face
1091 on the opposite side of the street, or to achieve the applicable design review
1092 objectives.
1093 3. The director shall deny a request to modify a design standard if the design does
1094 not comply with the purpose of the base zoning district, the purpose of the
1095 applicable design standards or the applicable design review objectives and no
1096 modifications or conditions of approval can be applied that would make the
1097 design comply.
1098 4. The director may forward a request to modify a design standard to the planning
1099 commission if the director finds that the request for modification is greater than
1100 allowed by this chapter, a person receiving notice of the proposed modification
1101 can demonstrate that the request will negatively impact their property, or at the
1102 request of the applicant if the director is required to deny the request as provided
1103 in this section.
1104
37
LEGISLATIVE
1105 SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That
1106 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall
1107 be, and hereby is amended to read as follows:
1108 a. Amending the definition of “ADAPTIVE REUSE OF A LANDMARK
1109 BUILDING.” That the definition shall be amended to read as follows:
1110 ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF A LANDMARK
1111 BUILDINGS: The process of reusing a building for a purpose other than which it was built or
1112 designed for landmark buildings original use is no longer feasible. Other land uses, in addition to
1113 those specifically listed in the land use tables, may be allowed as a permitted or conditional use
1114 subject to the provisions in Subsection 21A.52.060.A.
1115
1116 b. Amending the definition of “PARKING, OFF SITE.” That the definition of
1117 “PARKING, OFF SITE” shall be amended to read as follows:
1118 PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is
1119 located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within
1120 the boundary of a planned development that only serves uses within the planned development
1121 area is not considered off-site parking.
1122 c. Repealing the definition “HOUSE MUSEUM IN A LANDMARK SITE” as
1123 follows:
1124 HOUSE MUSEUM IN LANDMARK SITE: A dwelling unit which is converted from its original
1125 principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or
1126 historic purposes. Such museum should include a staff who commands an appropriate body of
1127 special knowledge necessary to convey the historical, aesthetic or architectural attributes of the
1128 building and its collections to the general public. Such staff should also have the ability to reach
1129 museological decisions consonant with the experience of his or her peers and have access to and
1130 acquaintance with the literature of the field. Such museum should maintain either regular hours
1131 or be available for appointed visits such that access is reasonably convenient to the public.
1132
1133 SECTION 15. Effective Date. This Ordinance shall become effective on the date of its
1134 first publication.
38
LEGISLATIVE
1135
1136
1137
1138
1139
2024.
Passed by the City Council of Salt Lake City, Utah, this day of ,
CHAIRPERSON
1140
1141
1142
ATTEST AND COUNTERSIGN:
1143
1144
1145
1146
1147
1148
1149
1150
1151
1152
1153
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: Approved. Vetoed.
MAYOR
1154
1155
1156
1157
1158
1159
1160
1161
CITY RECORDER
(SEAL)
Bill No. of 2024.
Published: .
Adaptive Reuse Preservation Incentives_Opt2(legislative)v1
2.ORDINANCE (VERSION 1)
1
LEGISLATIVE
1 SALT LAKE CITY ORDINANCE
2 No. of 2024
3
4 (Amending the zoning text of various sections of Title 21A of the Salt Lake City Code
5 pertaining to zoning incentives for adaptive reuse and preservation of buildings)
6
7 An ordinance amending the text of various sections of Title 21A of the Salt Lake City
8 Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to
9 Petition No. PLNPCM2023-00155.
10 WHEREAS, on February 28, 2024, the Salt Lake City Planning Commission (“Planning
11 Commission”) held a public hearing on a petition submitted by Salt Lake City Mayor, Erin
12 Mendenhall to amend the zoning code pertaining to zoning incentives for adaptive reuse and
13 preservation of buildings (Petition No. PLNPCM2023-00155); and
14 WHEREAS, at its February 28, 2024 meeting, the Planning Commission voted in favor
15 of forwarding a positive recommendation to the Salt Lake City Council on said petition;
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 Subsection 21A.10.015.A. That
21 Subsection 21A.10.015.A of the Salt Lake City Code (Zoning: General Application, Public
22 Engagement, and Public Noticing Procedures: Public Engagement: Land Use Projects Subject to
23 Public Engagement) shall be, and hereby is amended to read as follows:
24 A. Land Use Projects Subject to Public Engagement: The following are considered land use
25 projects for purposes of this chapter and are subject to the public engagement process and
26 requirements herein:
27
28 1. Request for an alley/street closure or vacation;
29 2. Amendments to Title 21A;
30 3. Conditional use applications;
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LEGISLATIVE
31 4. Design review applications, that are subject to review by the planning commission as
32 provided in Chapter 21A.59;
33 5. Applications to demolish one or more landmark sites or contributing structures
34 located within a local historic district;
35 6. Master plans, including amendments, to be adopted by the city council;
36 7. Requests for certificates of appropriateness required for new construction of principal
37 structures, except for single family and two family dwellings;
38 8. Planned development applications that are subject to review by the planning
39 commission as provided in Chapter 21A.55; and
40 9. Zoning map amendments.
41
42
43 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That
44 Subsection 21A.10.020.B of the Salt Lake City Code (Zoning: General Application, Public
45 Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special
46 Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to
47 read as follows:
48 B. Special Noticing Requirements for Administrative Approvals:
49
50 1. Notice of Application for Design Review and Planned Development:
51
52 a. Notification: At least twelve (12) days before a land use decision is made for an
53 administrative design review application as authorized in Chapter 21A.59 of this
54 title, or an administrative planned development as authorized by Chapter 21A.55
55 of this title, the planning director shall provide written notice to the following:
56 (1) All owners and identifiable tenants of the subject property, land abutting the
57 subject property, and land located directly across the street from the subject
58 property. In identifying the owners and tenants of the land the city shall use
59 the Salt Lake City geographic information system records.
60 (2) Recognized community organization(s) in which the subject property is
61 located.
62
63 b. Contents of the Notice of Application: The notice shall generally describe the
64 subject matter of the application, where the public may review the application, the
65 expected date when the planning director will authorize a final land use decision,
66 and the procedures to appeal the land use decision.
67
68 c. End of Notification Period: If the planning director receives comments identifying
69 concerns related to the design review application not complying with the
70 requirements of Chapter 21A.59, or the planned development not complying with
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LEGISLATIVE
71 the requirements of Chapter 21A.55, the planning director may refer the matter to
72 the planning commission for their review and decision on the application.
73
74
75 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.S. That
76 Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General
77 Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby
78 is amended to read as follows:
79
80 S. Compliance with Noise Regulations Required: Any construction work in residential zoning
81 districts shall comply with Section 9.28.040, “Noises Prohibited.”Adaptive Reuse Of A
82 Landmark Building In Residential Districts:
83 1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a residential
84 district is to preserve landmark sites as defined in subsection 21A.34.020B of this title. In some
85 instances these sites have outlived their original use due to economic conditions, size of the
86 building, and/or a substantial degree of deterioration of the historic property. Such sites,
87 however, still contribute to the welfare, property and education of the people of Salt Lake City
88 because of their historic, architectural or cultural significance. The Planning Commission shall
89 consider the allowance of a nonresidential use of a landmark site in a residential district
90 according to the qualifying provisions outlined in subsection S2a of this section and pursuant
91 to chapter 21A.54 of this title, in order to ensure that the residential character of the surrounding
92 environment is preserved.
93 2. Conditional Use Required: Where authorized by this title as shown in
94 section 21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of
95 this title, landmark sites in any residential district may be used for certain nonresidential uses.
96 a. Qualifying Provisions: In order to qualify for conditional use review by the
97 Planning Commission under section 21A.54.080, "Standards For Conditional Uses", of
98 this title, the applicant must demonstrate compliance with the following:
99 (1) The building is designated as a landmark site on the Salt Lake City
100 register of cultural resources. The designation process must be completed prior to the
101 City accepting a conditional use application for the structure unless the Planning
102 Director determines that it is in the best interest of the City to process the designation
103 and conditional use applications together.
104 (2) The landmark building shall have a minimum of seven thousand (7,000)
105 square feet of floor area, excluding accessory buildings.
106 (3) The new use will require minimal change as these features are important
107 in defining the overall historic character of the building and environment.
108 (4) The use is conducive to the preservation of the landmark site.
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LEGISLATIVE
109 (5) Significant archaeological resources affected by the project shall be
110 protected and preserved. If such resources must be disturbed, mitigation measures
111 shall be undertaken.
112 (6) The use is compatible with the surrounding residential neighborhood.
113 (7) Distinctive features, finishes, and construction techniques or examples of
114 craftsmanship that characterize the property shall be preserved.
115 (8) The use does not result in the removal of residential characteristics of the
116 structure or site including mature landscaping.
117 (9) The change in use from residential to nonresidential is necessary due to
118 the excessive size of the landmark site for residential uses allowed in the residential
119 district, and/or demonstration that the building cannot reasonably be used for its
120 original intended use.
121 (10) The proposed use will not have a material net cumulative adverse
122 impact on the neighborhood or the City as a whole by considering the following:
123 (A) The spatial distribution of:
124 (i) Business licenses issued for properties located within three
125 hundred feet (300') of any property line and the block frontage on both sides
126 of the street between 100 series addresses; and
127 (ii) Previously approved conditional uses for nonresidential uses
128 in landmark sites within the same planning community, as shown on a map of
129 planning communities maintained by the Zoning Administrator.
130 (B) Impacts on neighboring properties including, but not limited to:
131 (i) Traffic;
132 (ii) Parking;
133 (iii) Signs;
134 (iv) Lighting;
135 (v) Removal of landscaping; and
136 (vi) For the purposes of evaluating subsections S2a(10)(B)(i)
137 through S2a(10)(B)(v) of this section, professionally prepared impact studies
138 shall not be required unless specifically requested by the Zoning
139 Administrator;
140 (vii) Noise, fumes or odors;
141 b. Credit For On Street Parking: Some or all of the off street parking spaces
142 required in section 21A.44.030 of this title may be met by the provision of on street
143 spaces. Such credit shall require the site plan review approval. Requests for on street
144 parking shall meet the following requirements:
5
LEGISLATIVE
145 (1) All on street parking facilities shall be designed in conformance with the
146 standards established by the City Transportation Engineer;
147 (2) Prior to approving any requests for on street parking, the development
148 review team shall determine that the proposed on street parking will not materially
149 adversely impact traffic movements and related public street functions; and
150 (3) Credit for on street parking shall be limited to the number of spaces
151 provided along the street frontage adjacent to the use.
152
153 SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That
154 Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General
155 Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its
156 entirety as follows:
157
158 W. Compliance With Noise Regulations Required: Any construction work in residential
159 zoning districts shall comply with section 9.28.040, "Noises Prohibited", of this Code.
160
161 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6.
162 That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF-
163 35 Moderate Density Multi-Family Residential District: Minimum Yard Requirements: Existing
164 Yards) shall be, and hereby is amended to read as follows:
165 6. Existing Yards: For buildings legally existing on April 12, 1995, the required yard
166 shall be no greater than the established setback line of the existing building unless the
167 proposed yard encroachment is to accommodate additional units. New principal
168 buildings must conform to current yard area requirements, unless the new principal
169 two-family dwelling or twin home has legal conforming status as outlined in
170 section 21A.38.070 of this title.
171
172 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.160.D. That
173 Subsection 21A.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB
174 Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is
6
LEGISLATIVE
175 amended only to eliminate the Land Use “A single dwelling unit located above first floor retail
176 or office uses” from the table in said subsection, with no other changes to the table:
177
178
179 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That
180 Subsection 21A.24.180.I of the Salt Lake City Code (Zoning: Residential Districts: RO
181 Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand
182 Square Feet) shall be, and hereby is amended to read as follows:
183 I. Offices iIn Existing Buildings oOn Lots Less Than Twenty Thousand Square Feet:
184 Offices occupying existing buildings are permitted on a five thousand (5,000) square foot
185 minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of
186 the existing building footprint or that exceed the height of the existing building shall be
187 subject to design review (chapter 21A.59 of this title) unless the existing building is using
188 the incentives in 21A.52.060.
189
190 SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That
191 Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General
192 Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the
193 CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is
194 repealed in its entirety as follows:
195
196 K. Bed And Breakfast Establishments And Reception Centers In Landmark Sites In The CN
197 Neighborhood Commercial And CB Community Business Districts:
198 1. Conditional Use Required: Where not otherwise authorized by this title and after
199 conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this
Land Use Minimum Lot Area Minimum Lot
Width
A single dwelling unit located above first floor
retail or office uses
Included in principal
use
Included in principal
use
7
LEGISLATIVE
200 title, landmark sites in a CN or CB District may be used for a bed and breakfast
201 establishment or reception center subject to the following standards:
202 a. Standards: In addition to the standards for conditional uses, section 21A.54.080 of
203 this title, the Planning Commission shall find the following:
204 (1) The structure is designated as a landmark site on the Salt Lake City Register of
205 Cultural Resources. The designation process must be completed prior to the City
206 accepting a conditional use application for the structure unless the Planning
207 Director determines that it is in the best interest of the City to process the
208 designation and conditional use applications at the same time because of the risk
209 of probable demolition;
210 (2) The use is conducive to the preservation of the landmark site;
211 (3) The use is compatible with the surrounding residential neighborhood; and
212 (4) The use does not result in the removal of residential characteristics of the
213 structure (if the structure is a residential structure), including mature landscaping.
214 b. Condition Of Approval: A preservation easement in favor of the City shall be placed
215 upon the landmark site.
216
217 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section
218 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
219 Conditional Uses for Residential Districts) shall be amended only as to the use categories “Adaptive
220 reuse of a landmark site”, “Dwelling, multi-family” and “Mixed use development” and to repeal
221 only the use category “Temporary use of closed schools and churches”, with no other changes to the
222 table, which aforementioned use categories shall read and appear in that table as follows:
8
223
Permitted And Conditional Uses By DistrictUse
FR-1/
43,560
FR-2/
21,780
FR-3/
12,000
R-1/
12,000
R-1/
7,000
R-1/
5,000
SR-1 SR-2 SR-3 R-2 RMF-
30
RMF-
35
RMF-
45
RMF-
75
RB R-MU-
35
R-MU-
45
R-MU RO
Adaptive
reuse for
additiona
l uses in
eligible
buildings
of a
landmark
site
C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 P8 P8 P8 P8 P86
Dwelling
, multi-
family
P8 P8 P8 P8 P8 P8 P8 P8 P8 P8 P P P P P P P P P
Mixed
use
develop
ment
P1 P P P P
Temporar
y use of
closed
schools
and
churches
C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19
224
LEGISLATIVE
9
LEGISLATIVE
225
226 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the
227 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Residential
228 Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
229 Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to
230 notes “1”, “6”, “8” and “19” which shall appear in numerical order with the other notes and read as
231 follows:
232 1. Reserved. A single apartment unit may be located above first floor retail/office.
233
234 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50
235 percent of the building's footprint. Building additions greater than 50 percent of the
236 building's footprint or new office building construction are subject to a design review
237 unless the building qualifies for the incentives in 21A.52.060.
238
239 8. Subject to conformance with the provisions of sSubsection 21A.52.060.A 21A.24.010S
240 of this title.
241
242 19. Reserved. Subject to section 21A.36.170 of this title.
243
244
245
246 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section
247 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
248 Conditional Uses for Commercial Districts) shall be amended only as to the use category “Bed and
249 breakfast” and to repeal only the use categories “Adaptive reuse of a landmark site”, “House
250 museum in landmark sites” and “Offices and reception centers in landmark sites”, with no other
251 changes to the table, which aforementioned use categories shall read and appear in that table as
252 follows:
253
254
255
Permitted and Conditional Uses by DistrictUse
10
LEGISLATIVE
CN CB CS1 CC CSHBD1 CG SNB
Adaptive reuse
of a landmark
site
P P P P P P
Bed and
breakfast manor
C3 C3 P P P
House museum
in landmark sites
(see subsection
21A.24.010S of
this title)
C
Offices and
reception centers
in landmark sites
(see subsection
21A.24.010S of
this title)
C
257
258
259 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.030. That the
260 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Commercial
261 Districts of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
262 Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only as to
263 note “3” which shall appear in numerical order with the other notes and read as follows:
264 3. Reserved. When located in a building listed on the Salt Lake City register of cultural
265 resources (see subsections 21A.26.010S and 21A.26.010K of this title).
266
267 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.035. That Section
268 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
269 Conditional Uses for Transit Station Area Districts) is amended only to repeal the use categories
270 “Adaptive reuse of a landmark site”, “House museum in landmark sites” and “Offices and reception
271 centers in landmark sites”, in the Table of Permitted and Conditional Uses for Transit Station Area
272 Districts, with no other changes to the table, as follows:
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LEGISLATIVE
273
Permitted and Conditional Uses by District
TSA-UC TSA-UN TSA-MUEC TSA-SP
Use
Core Transition Core Transition Core Transition Core Transition
Adaptive
reuse of a
landmark site
P P P P P P P P
House
museum in
landmark
sites (see
subsection 2
1A.24.010S
of this title)
P P P P P P P P
Offices and
reception
centers in
landmark
sites (see
subsection
21A.24.010.
S of this
title)
P P P P P P P P
274
275
276 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section
277 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
278 Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category
279 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for
280 Manufacturing Districts, with no other changes to the table, as follows:
Permitted and Conditional Uses by DistrictUse
M-1 M-2
Adaptive reuse of a landmark site C C7
281
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LEGISLATIVE
282 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the
283 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Manufacturing
284 Districts of Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
285 Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as
286 to note “7” which shall appear in numerical order with the other notes and read as follows:
287 7. Reserved. Building additions on lots less than 20,000 square feet for office uses may not
288 exceed 50 percent of the building's footprint. Building additions greater than 50 percent
289 of the building's footprint or new office building construction are subject to a design
290 review.
291
292 SECTION 16. Amending the text of Salt Lake City Code Section 21A.33.050. That Section
293 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
294 Conditional Uses for Downtown Districts) shall be amended only to repeal the use category
295 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for Downtown
296 Districts, with no other changes to the table, as follows:
Permitted and Conditional Uses by DistrictUse
D-1 D-2 D-3 D-4
Adaptive reuse
of a landmark
site
P P P P4
298
299 SECTION 17. Amending the text of Salt Lake City Code Section 21A.33.050. That the
300 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Downtown
301 Districts of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
302 Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only as to
303 note “4” which shall appear in numerical order with the other notes and read as follows:
304 4. Reserved. Building additions on lots less than 20,000 square feet for office uses may not
305 exceed 50 percent of the building's footprint. Building additions greater than 50 percent
13
LEGISLATIVE
306 of the building's footprint or new office building construction are subject to a design
307 review (chapter 21A.59 of this title).
308
309 SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
310 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
311 Conditional Uses in the Gateway District) shall be amended only to repeal the use category
312 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses in the Gateway
313 District, with no other changes to the table, as follows:
Use G-MU
Adaptive reuse of a landmark site P
314
315 SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
316 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
317 Conditional Uses for Special Purpose Districts) shall be amended only for the use categories
318 “Adaptive reuse of a landmark site” and “Dwelling: Multi-family”, in the Table of Permitted and
319 Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows:
14
320
Permitted and Conditional Uses by DistrictUse
RP BP FP AG AG-
2
AG-
5
AG-
20
OS NOS A PL PL-2 I UI MH EI MU
Adaptive
reuse for
additional
uses in
eligible
buildings
of a
landmark
site
C2 C2 C2 C2 P2 P2
Dwelling:
Multi-
family
P2 P2 P2 P P
321
LEGISLATIVE
15
LEGISLATIVE
322
323 SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the
324 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Special Purpose
325 Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
326 Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only
327 as to note “2” which shall appear in numerical order with the other notes and read as follows:
328 2. Subject to conformance with the provisions of Subsection 21A.52.060.A. When located
329 in a building listed on the Salt Lake City Register of Cultural Resources.
330
331 SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
332 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
333 Conditional Uses in Form Based Districts) shall be amended only as to the use categories “Adaptive
334 reuse of a landmark site”, “Dwelling: Multi-family”, and “Reception center” and to repeal only the
335 use categories “House museum in a landmark”, and “Office and/or reception center in a landmark
336 site”, in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes
337 to the table, as follows:
Permitted and Conditional Uses by DistrictUse
FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE
Adaptive reuse for additional uses
in eligible of a landmark buildings
C9 P
Dwelling:
Multi-family P9 P P P P
House museum in landmark site P P P P P
Office and/or Reception center in a
landmark site
P P P P
Reception center P P P P
338
339
16
LEGISLATIVE
340 SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the
341 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses in Form Based
342 Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
343 Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note
344 “9”, which shall appear in numerical order with the other notes and read as follows:
345 9. Subject to conformance with the provisions of Subsection 21A.52.060.A.
346
347 SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section
348 21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School
349 Buildings) is hereby repealed in its entirety as follows:
350 21A.36.170: RESERVEDUSE OF CHURCH AND SCHOOL BUILDINGS:
351 A. Change Of Use: In the PL, PL-2, I, UI or any residential district, a change of use of
352 any church or school to a use that is allowed as a permitted use or conditional use in the zoning
353 district may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this
354 title.
355 B. Temporary Use Of Closed Schools And Churches; Authorized As Conditional Use: The
356 temporary use of closed schools and churches may be allowed as a conditional use pursuant to
357 the provisions of chapter 21A.54 of this title, in the zoning districts indicated in the land use
358 tables of this title, provided that:
359 1. Use: The temporary use is for office space or educational purposes for public or private
360 charities.
361 2. Application: The application for a temporary use of a closed school or church shall
362 include, in addition to the application submission requirements of chapter 21A.54 of this title, the
363 following information:
364 a. Building Plans: As part of the application, the applicant shall provide a site plan drawn
365 to scale showing existing structures, auxiliary buildings, existing
366 parking and landscaping, and any proposed changes to the site. In converting the existing facility
367 to the proposed conditional use, no major exterior or interior alterations of the building shall be
368 made which render the building incompatible with a return to its use as a school or church; and
369 b. Use Plan: A proposed use plan including:
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370 (1) Hours and days of operation,
371 (2) Evidence of noise, odor or vibration emissions,
372 (3) Evidence of the number of classes, including hours taught, days taught, and the
373 expected class size,
374 (4) Average number of clients per day and the frequency of turnover of the clients, and
375 (5) Number of employees, staff or volunteers, both total and expected to be on the
376 premises at any given time.
377 3. Prohibition: No provision of this section shall be construed to allow any use in a
378 closed school or church for retail, residential or industrial purposes, or any use involving any
379 type of correctional or institutional facility.
380 4. Ownership: The School Board or church shall remain the owner of the property during
381 the period of time for which the conditional use is granted and any change of ownership away
382 from the School Board or church shall immediately cause the conditional use to terminate.
383 5. Automatic Termination Of Use: If the School Board or church group determines that no
384 future public or religious use will be made of the building as a public school or church, the
385 conditional use as granted under this section shall immediately cease and the property shall
386 thereafter be used only for uses permitted in the zoning district.
387 6. Temporary Use: The conditional use provided by this section shall be temporary only.
388 The time of such use shall be subject to the decision of the Planning Commission based on its
389 consideration of the criteria specified in subsection B7 of this section. The Planning Commission
390 may authorize the conditional use for a period not to exceed five (5) years, which may be
391 renewed for additional periods not in excess of five (5) years.
392 7. Termination For Excess Use: If the Planning Commission determines that the conditional
393 use is being used substantially in excess of the plan for use submitted pursuant to subsection B2b
394 of this section, the Planning Commission may, after an informal hearing, revoke the conditional
395 use if it determines that the excess use is having a negative impact on the neighborhood.
396
397 SECTION 24. Amending the text of Subsection 21A.44.060.A.1 That Subsection
398 21A.44.060.A.1 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading:
399 Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building
400 Served), shall be and hereby is amended to read as follows:
401 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required
402 to serve buildings or uses erected or established after the effective date of this
403 ordinance shall be located on the same lot or parcel as the building or use served,
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404 unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, "Off-Site Parking
405 Permitted", or 21A.55.020, “Planned Developments – Authority”.
406
407 SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That
408 Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall
409 be, and hereby is amended to read as follows:
410
411 21A.52.020 APPLICABILITY:
412 A. This chapter applies as indicated within each subsection.
413 B. The planned development process in Chapter 21A.55 is not required as indicated within
414 this chapter.
415 C. The administrative planned development process in Chapter 21A.55, and the
416 administrative design review process in Chapter 21A.59 may be applicable as indicated
417 within this chapter.
418
419 SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That
420 Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base
421 Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as
422 follows:
423
424 21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
425 ZONING DISTRICTS:
426 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
427 standards and requirements take precedence except as indicated in this section.
428
429 SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That
430 Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process)
431 shall be, and hereby is amended to read as follows:
432
433 21A.52.040: APPROVAL PROCESS:
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434 Unless specifically exempted or modified by this chapter, all requirements of this title shall
435 apply.
436 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a
437 zoning incentives application and provide the following information:
438 1. The applicant's name, address, telephone number and interest in the property to which
439 the incentives shall apply;
440 2. The owner's name, address and telephone number, if different than the applicant, and
441 the owner's signed consent to the filing of the application;
442 3. The street address, tax parcel number and legal description of the subject property;
443 4. The zoning classification, zoning district boundaries and present use of the subject
444 property;
445 5. The location of all existing and proposed buildings and structures, accessory and
446 principal, showing the number of stories and height, dwelling type, if applicable,
447 major elevations and the total square footage of the floor area by proposed use and
448 any additional information required for site plan review set forth in Chapter 21A.58;
449 6. The total number of dwelling units in the project, the number of affordable units, the
450 number of bedrooms in the affordable units, the location of the affordable units, and
451 level of affordability; and
452 7. Any additional information required by Chapter 21A.59 design review or 21A.55
453 planned development, to demonstrate compliance with the requirements of this
454 chapter, as applicable; and
455 8. Any additional information the zoning administrator deems necessary to demonstrate
456 compliance with this chapter.
457 B. Preliminary approval shall authorize the preparation, filing and processing of applications
458 for any permits or approval that may be required by the city, including, but not limited to,
459 a building permit. Notwithstanding the foregoing, no permits shall be issued until final
460 approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a
461 period of one year unless complete building plans have been submitted to the Division of
462 Building Services.
463 C. Administrative design review and administrative planned development, where applicable,
464 shall be exempt from the application fees and noticing fees otherwise required pursuant
465 to Chapters 21A.59 and 21A.55.
466 D. Following the approval of any administrative design review or planned development
467 application, any future alteration to the property, building or site shall comply with the
468 approved design review application unless a modification is approved subject to the
469 process outlined in Chapters 21A.59 and 21A.55, as applicable.
470 E. Final approval shall occur following the recording of the restrictive covenant.
471 F. Preliminary and final approvals shall be administrative approvals by the planning director
472 or the planning director's designee.
473
474 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That
475 Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable
476 Housing Incentives: Purpose) shall be and hereby is amended to read as follows:
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477
478 21A.52.050 AFFORDABLE HOUSING INCENTIVES:
479 A. Purpose: The incentives set forth in this section chapter are intended to encourage the
480 development of affordable housing. The provisions within this section are intended to
481 facilitate the construction of affordable housing by allowing more inclusive development
482 than would otherwise be permitted in the base zoning districts. Housing constructed using
483 the incentives is intended to be compatible in form with the neighborhood and provide for
484 safe and comfortable places to live and play.
485
486 SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3.
487 That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives:
488 Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows:
489
490 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General
491 Commercial, and I Institutional Zoning Districts:
492 a. The following housing types: row houses, sideways row houses, and cottage
493 developments are authorized provided the affordability requirements in
494 subsection b. are complied with;.
495 b. The minimum open space requirements in the I Institutional zoning district do
496 not apply.
497 c. To be eligible for the incentives listed in this subsection 3a., a development shall
498 meet the affordability requirements for Type C in Table 21A.52.050.G.
499
500 SECTION 30. Amending the text of Salt Lake City Code Chapter 21A.52. That Chapter
501 21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended
502 to add a new Section 21A.52.060, with no other revisions to the chapter, to read as follows:
503 21A.52.060: BUILDING PRESERVATION INCENTIVES:
504 The provisions in this section provide optional incentives to development projects that include
505 the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may
506 be combined with the incentives outlined in Subsection 21A.52.060.B.
507 A. Adaptive Reuse for Additional Uses in Eligible Buildings:
508
509 1. Purpose: To allow additional land uses in buildings that generally contribute to the
510 character of the city so they can be redeveloped for economically viable uses. These
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511 buildings may be underutilized or have outlived their original use due to economic
512 conditions, size of the building, a substantial degree of deterioration of the property,
513 or other factors. Eligible buildings may hold historical or cultural significance or
514 contribute to the existing neighborhood fabric through their architectural features,
515 size, or previous use.
516
517 2. Applicability: The incentives in this subsection apply to adaptive reuse of a building
518 that meets the eligibility standards in 21A.52.060.A.3.
519
520 3. Eligibility Standards:
521 a. The following buildings are eligible for the incentives in this subsection:
522 (1) Landmark Sites;
523 (2) Buildings individually listed on the National Register of Historic Places;
524 (3) Buildings designed and formerly used for schools, hospitals, places of
525 worship, or other similar institutional uses; and
526 (4) Buildings that the planning director has deemed significant based on the
527 structure’s association with events that have contributed to broad patterns of
528 history, association with lives of persons important in the city’s past, or
529 displays distinctive characteristics of a type, period, or method of
530 construction.
531 b. Exterior features that are important in defining the overall character of the
532 building shall be retained.
533 c. Exterior alterations to the eligible building shall meet the standards in
534 21A.34.020.G.
535 d. The proposed use is conducive to the preservation of the building.
536 e. A change of use to a residential use is not permitted in the OS (Open Space)
537 zoning district.
538 f.If the eligible building is located in a residential zoning district, and the existing
539 use is residential, a change of use to nonresidential is not permitted.
540 g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate
541 of Appropriateness in accordance with 21A.34.020.
542 4. Incentives:
543 a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use
544 may be allowed as a permitted or conditional use in zoning districts where
545 Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use
546 tables in Chapter 21A.33, subject to the provisions in this subsection and any
547 specific provisions applicable to the use in this title. Any conditional use shall be
548 reviewed pursuant to the procedures and standards outlined in Chapter 21A.54.
549 (1) Prohibited Uses: A change of use to one of the following uses is prohibited:
550 Ambulance services (indoor and outdoor), amusement park, auditorium, bio-
551 medical facility, bus line station/terminal, bus line yard and repair facility, car
552 wash, check cashing/payday loan business, community correctional facility
553 (large and small), contractor’s yard/office, drive-through facility associated
554 with any use, equipment rental (indoor and outdoor), gas station, heliport,
555 hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind
556 energy system, laundry and dry cleaning establishments, limousine service
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557 (large and small), heavy manufacturing, pet cemetery, recycling collection
558 station, sexually oriented business, sign painting/fabrication, storage
559 (outdoor), public storage (outdoor), wireless telecommunications facility,
560 homeless resource centers, and any other uses that are only allowed in the
561 manufacturing districts.
562 b. Parking and Loading: The following are the minimum off-street parking and
563 loading requirements for the eligible building. These minimums may be further
564 reduced with the alternatives to minimum parking calculations in 21A.44.050.
565 (1) Multi-Family: 0.5 off-street parking space per dwelling unit is required;
566 (2) Nonresidential: The minimum number of required off-street parking spaces
567 for the proposed use listed in the general context of the required off-street
568 parking table in 21A.44 may be reduced by 40%;
569 (3) Existing Parking Below the Minimum: If the existing parking for the eligible
570 building does not meet the minimum off-street parking requirements above,
571 no additional parking shall be required;
572 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
573 c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements
574 of the zoning district do not apply for the adaptive reuse in all zoning districts. In
575 the RMF-30 zoning district, the minimum lot size per dwelling unit does not
576 apply.
577
578 5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection
579 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of
580 which shall be approved by the city attorney. The restrictive covenant shall be
581 recorded on the property with the Salt Lake County Recorder prior to issuance of a
582 building permit for a building using the incentives. The restrictive covenant shall run
583 with the land for the duration of the adaptive reuse and shall provide for the
584 following, without limitation:
585 a. Acknowledge the use of the incentives, the nature of the approval, and any
586 conditions thereof;
587 b. Shall guarantee that the physical elements of the eligible building used to qualify
588 for the incentives shall remain in substantially the same form and exterior features
589 important to the character of the building shall be preserved for the duration of the
590 adaptive reuse or if subject to 21A.34.020, indefinitely unless otherwise permitted
591 by the terms of a certificate of appropriateness;
592 c. The terms of compliance with all applicable regulations and the potential
593 enforcement actions for any violation of the restrictive covenant.
594
595 6. Modifications to Approved Adaptive Reuse: Any modification to the use approved
596 under these incentives requires a new zoning incentives application. Any new
597 adaptive reuse shall also require a new zoning incentives application unless the new
598 use is permitted in the table of permitted and conditional uses for the zoning district.
599
600 7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the
601 property as set forth in 21A.52.060.A.5, shall be investigated and prosecuted pursuant
602 to 21A.20. The city shall have additional remedies or financial penalties for
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603 violations as identified in the terms of the restrictive covenant required by Subsection
604 21A.52.060.A.5, which shall be reasonably related to enforcement of the
605 requirements and purpose of Subsection 21A.52.060.A.
606
607 B. Preservation of a Principal Building:
608
609 1. Purpose: The incentives set forth in this section are intended to encourage the
610 preservation of buildings, supporting city goals related to sustainability,
611 neighborhoods, economy, and housing. The provisions are designed to support
612 developments that include preserving an eligible building by allowing flexibility with
613 certain zoning regulations while still maintaining the unique urban fabric and
614 character of neighborhoods.
615
616 2. Applicability: The incentives in this subsection apply to projects in all zoning districts
617 that preserve an existing principal building that meets the eligibility standards in
618 21A.52.060.B.3. These incentives may be applied to existing principal buildings and
619 new construction within the same development area. For the purposes of this
620 subsection, the development area may include multiple abutting lots or parcels.
621
622 3. Eligibility Standards:
623 a. Minimum Building Age: The existing building to be preserved shall be a
624 minimum of 50 years old.
625 b. Minimum Footprint of Eligible Building: The footprint of the eligible building to
626 be preserved covers a minimum of 25% of the development area. A lower
627 percentage may be considered by the planning director if the building has frontage
628 on a public street, contains a publicly accessible use such as retail, restaurant, or
629 entertainment, or would be highly visible from public spaces within the interior of
630 the site.
631 c. Retention of All Existing Principal Structures: In the FR-1, FR-2, FR-3, R -
632 1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, SR-3, and all RMF zoning
633 districts, all existing principal structures included in the overall development area
634 shall be retained.
635 d. Modifications to Existing Building: A maximum of 25% of each street facing
636 building wall may be removed to accommodate modifications or additions. No
637 more than 50% of the building’s exterior walls may be removed. Portions of a
638 building wall with character defining architectural features shall not be removed.
639 e. Retention of Existing Active Commercial Uses: Eligible buildings with existing
640 active commercial uses with ground level street frontage are subject to the
641 following requirements. For the purpose of this subsection, active commercial
642 uses are those that support the vibrancy and usability of the public realm adjacent
643 to a building and encourage pedestrian activity and walk-in traffic. Active uses
644 may include retail goods/service establishments, restaurants, bars, art and craft
645 studios, or other uses determined to be substantially similar in terms of activation
646 by the planning director.
647 (1) A minimum of 50% of the length shall be retained along the street frontage in
648 the existing building or be included as part of the new development. If
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649 included in the new development, the active commercial use shall have the
650 primary entrance on the street frontage with direct public access from the
651 street frontage.
652 (2) The existing depth of the active commercial use shall be maintained or a
653 minimum depth of 25 feet, whichever is less.
654 (3) These requirements do not apply to nonconforming active commercial uses
655 with ground level street frontage.
656
657 4. Incentives:
658 a. Planned Development Waived: A planned development is not required for the
659 following:
660 (1) More Than One Principal Building Per Lot: More than one principal building
661 per lot is allowed without having frontage along a public street.
662 (2) Lots without Frontage on a Public Street: Lots do not require frontage on a
663 public street if necessary cross access easements are provided.
664 b. Administrative Planned Development: The following are authorized through an
665 administrative planned development pursuant to the procedures and standards in
666 Chapter 21A.55. The minimum planned development size required by
667 21A.55.060 does not apply:
668 (1) Modification to the minimum yard requirements.
669 (2) Modification to the open space and landscaping requirements when the
670 modification specifically relates to preserving the existing building(s).
671 (3) Modifications to the provisions for awnings and canopies, balconies, patios,
672 and porches in Table 21A.36.020.B, Obstructions in Required Yards.
673 (4) Modifications to the parking location and setback requirements in Table
674 21A.44.060.A.
675 (5) Parking within the boundary of a planned development area but located on a
676 different parcel or lot than the use(s) it is intended to serve, is allowed and is
677 not considered off-site parking. The parking must only serve the uses within
678 the planned development area unless otherwise authorized by other provisions
679 of this title.
680 c.Minimum Lot Area, Width & Coverage:
681 (1) The minimum lot width for the land use found in the minimum lot area and lot
682 width tables of the zoning district does not apply.
683 (2) The minimum lot area for the land use found in the minimum lot area and lot
684 width tables of the zoning district only applies for the following zoning
685 districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000.
686 (3) RMF-30 zoning district: The minimum lot size per dwelling unit does not
687 apply.
688 (4) Lot coverage may be calculated for the overall development area not the
689 individual lot or parcel within the development area.
690 d.Height: Additional building height is authorized in zoning districts as indicated in
691 the following sections through administrative design review. The maximum
692 height per story of the additional building height incentive shall not exceed 12
693 feet. Administrative design review shall be reviewed pursuant to the procedures
694 and standards in Chapter 21A.59. The additional height authorized by this
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LEGISLATIVE
695 subsection shall not be combined with the additional height authorized by
696 Subsection 21A.52.050, Affordable Housing Incentives.
697
698 (1) Residential districts:
Zoning District Permitted Maximum Height with Incentive
RMU-35 45’, regardless of abutting use or zone.
RMU-45 55’, regardless of abutting use or zone.
RB 1 additional story equal to or less than the average height of the
other stories in the building.
RMU 3 additional stories equal to or less than the average height of the
other stories in the building.
RO 1 additional story equal to or less than the average height of the
other stories in the building.
699
700 (2) Commercial Districts:
Zoning District Permitted Maximum Height with Incentive
CB 1 additional story equal to or less than the average height of the
other stories in the building.
CN May build one additional story equal to or less than the average
height of the other stories in the building.
CC 45’
CG 2 additional stories equal to or less than the average height of
the other stories in the building.
3 additional stories equal to or less than the average height of
the other stories in the building for properties in the boundary
described in 21A.26.070.G.
CSHBD1 105’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
CSHBD2 60’ and 1 additional story equal to or less than the average
height of the other stories in the building.
TSA-Transition 1 additional story equal to or less than the average height of the
other stories in the building.
TSA-Core 2 additional stories equal to or less than the average height of
the other stories in the building.
701
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LEGISLATIVE
702 (3) Form-based districts:
Zoning District Permitted Maximum Height with Incentive
MU-8 90’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
FB-MU11 125’ and 3 additional stories equal to or less than the average
height of the other stories in the building.
FB-UN2 1 additional story equal to the average height of the other stories
in the building.
FB-SC 1 additional story equal to the average height of the other stories
in the building.
FB-SE 1 additional story equal to the average height of the other stories
in the building.
FB-UN1 3 stories and 30’ in height.
703
704 (4) Downtown districts:
Zoning District Permitted Maximum Height with Incentive
D-2 120’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
D-3 180’ and 3 additional stories equal to or less than the average
height of the other stories in the building.
705
706 (5) Other districts:
Zoning District Permitted Maximum Height with Incentive
GMU 180’ and 2 additional stories equal to or less than the average
height of the other stories in the building.
MU 60’ provided that the additional height is for residential uses
only.
I Building heights in excess of 35' but not more than 75'
provided, that for each foot of height over 35', each required
yard shall be increased 1'.
UI Building heights in excess of 75' but not more 120' provided
that the additional height is supported by the master plan and
compatible with the adjacent neighborhood.
OS – Lots greater than 4
acres
Building heights in excess of 45’ up to 60’ provided that for
each foot of height over 45’, each required yard and landscaped
yard shall be increased by 1’.
707
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LEGISLATIVE
708
709 e. Administrative design review is permitted for the following:
710 (1) Buildings in the CSHBD1 or CSHBD2 zoning district that exceed 20,000
711 square feet in size.
712 (2) Buildings in the CB zoning district that exceed 7,500 gross square feet of floor
713 area for a first-floor footprint or in excess of 15,000 gross square feet floor
714 area.
715 f. Parking: The following are the minimum off-street parking requirements unless a
716 lesser requirement is listed in the required off-street parking table in 21A.44.
717 These minimums may be further reduced with the alternatives to minimum
718 parking calculations in 21A.44.050.
719 (1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling
720 unit for all other residential uses.
721 (2) Nonresidential: The minimum number of required off-street parking spaces
722 for the proposed use listed in the required off-street parking table in 21A.44
723 may be reduced by 40%.
724 (3) Existing Parking Below the Minimum: If the existing parking for the eligible
725 building does not meet the minimum off-street parking requirements above,
726 no additional parking shall be required.
727 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
728
729 g. Minimum Required Yards: The minimum required yards may apply to the
730 perimeter of the development area and not to the individual lot or parcel within
731 the development area.
732
733 5. Design Standards for New Construction: Unless a stricter design standard related to
734 each of the following is included in the base zone or Chapter 21A.37, the following
735 design standards are required for all zones except single and two-family zoning
736 districts:
737 a. Building Materials: Other than windows and doors, 50% of any street facing
738 facade shall be clad in durable materials. Durable materials include stone, brick,
739 masonry, textured or patterned concrete, fiber cement board or other material that
740 includes a minimum manufacturer warranty of 20 years from color fading,
741 weather, and local climate induced degradation of the material. Other materials
742 may be used for the remainder of the facade facing the street. Other materials
743 proposed to satisfy the durable requirement may be approved at the discretion of
744 the planning director if it is found that the proposed material is durable and is
745 appropriate for the proposed location on the building.
746 b. Glass: The surface area of the façade of each floor facing a street must contain a
747 minimum of 50% glass. If the ground level of the building is occupied by
748 residential uses that face the street the specified minimum glass requirement may
749 be reduced to 25%.
750 c. Maximum Length of a Blank Wall: The maximum length of any blank wall
751 uninterrupted by windows or doors at the ground floor level along any street
752 facing façade is 15 feet. Emergency exit doors and doors to access structured
753 parking or utility equipment shall not count as an interruption.
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LEGISLATIVE
754 d. Maximum Length of Street Facing Facades:
755 (1) The maximum length of each street facing building facade shall not exceed
756 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts.
757 (2) The maximum length of each street facing building façade shall not
758 exceed 175 feet in all other zoning districts.
759 e. Building Entrances: At least one operable building entrance on the ground floor is
760 required for every street facing facade. Additional operable building entrances
761 shall be required on street facing facades every 40 feet for nonresidential uses and
762 every 75 feet for residential uses. All units adjacent to a public street shall have
763 the primary entrance on the street facing façade of the building with an
764 unenclosed entry porch, canopy or awning feature.
765 f. Garage Doors Facing Street: Garage doors are prohibited on the façade of the
766 building that is parallel to, or located along, a public street.
767 g. Screening of Mechanical Equipment: All mechanical equipment shall be screened
768 from public view and sited to minimize their visibility and impact. Examples of
769 siting include on the roof, enclosed or otherwise integrated into the architectural
770 design of the building, or in a rear or side yard area subject to yard location
771 restrictions found in Section 21A.36.020, Table 21A.36.020B, “Obstructions In
772 Required Yards”.
773
774 6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection
775 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of
776 which shall be approved by the city attorney. The restrictive covenant shall be
777 recorded on the property with the Salt Lake County Recorder prior to issuance of a
778 building permit for a building using the incentives. The restrictive covenant shall run
779 with the land and shall provide for the following, without limitation:
780 a. Acknowledge the use of the incentives, the nature of the approval, and any
781 conditions thereof;
782 b. Shall guarantee that the physical elements of the eligible building used to qualify
783 for the incentives shall remain in substantially the same form and exterior features
784 important to the character of the building shall be preserved during the term;
785 c. Projects that apply the incentives to new buildings on the development site shall
786 guarantee retention of the eligible building used to qualify for the incentives for a
787 minimum term of 30 years or, if the eligible building is subject to 21A.34.020,
788 indefinitely unless otherwise permitted by the terms of a certificate of
789 appropriateness after such 30 year period;
790 d. The terms of compliance with all applicable regulations and the city’s potential
791 remedies for any violation of the restrictive covenant.
792
793 7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the
794 property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant
795 to 21A.20. The city shall have additional remedies or financial penalties for violations
796 as identified in the terms of the restrictive covenant required by Subsection
797 21A.52.060.B.6, which shall be reasonably related to enforcement of the
798 requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a
799 violation of the covenant may include liquidated damages representing a reasonable
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LEGISLATIVE
800 estimate of the value of the incentives, plus other associated damages valued up to
801 20% of the tax assessed value of the preserved building over the three preceding
802 years.
803
804
805 SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That
806 Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall
807 be, and hereby is amended to read as follows:
808
809 21A.55.020: AUTHORITY:
810 A. Administrative Review: The planning director may approve, approve with
811 modifications, deny, or refer to the planning commission modifications to specific
812 zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying
813 provisions in 21A.52.060.B in accordance with the standards and procedures set forth in
814 this chapter and other regulations applicable to the district in which the property is
815 located.
816
817 B. Planning Commission Review: The Pplanning Ccommission may approve planned
818 developments for uses listed in the tables of permitted and conditional uses for each
819 category of zoning district or districts. The approval shall be in accordance with the
820 standards and procedures set forth in this chapter and other regulations applicable to the
821 district in which the property is located.
822 In approving a planned development, the Pplanning Ccommission may change, alter,
823 modify or waive the following provisions of this title:
824 1A. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ccity's
825 subdivision regulations as they apply to the proposed planned development except
826 that the Pplanning Ccommission cannot approve a use that is not allowed in the
827 zoning district in which the planned development is located, with the exception of
828 off-site parking as further described in this section.
829 2B. Off-Site Parking: Off-site pParking within the boundary of a planned development
830 area, but located on a different parcel or lot than the use(s) it is intended to serve, is
831 in zoning districts where off-site parking is not an allowed and not considered off-
832 site parking use. The parking must only serve the uses be located within the planned
833 development area unless otherwise authorized by other provisions of this title.
834 3C. Building Height: Up to five feet (5') of additional building height, except in the FR,
835 R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be
836 approved through the planned development process.
837 4D. Density: Residential planned developments shall not exceed the density limitation
838 of the zoning district where the planned development is proposed except as allowed
839 below. The calculation of planned development density may include open space that
840 is provided as an amenity to the planned development. Public streets located within
30
LEGISLATIVE
841 or adjacent to a planned development shall not be included in the planned
842 development area for the purpose of calculating density.
843 a1. In the RMF Zzoning Ddistricts and on lots 0.20 acres or more in size,
844 developments that change a nonconforming commercial use to a residential use
845 that is allowed in the zoning district are exempt from the density limitations of
846 the zoning district when approved as a planned development.
847
848 SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That
849 Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning
850 Commission Decision) shall be and hereby is amended to read as follows:
851
852 21A.55.030: PLANNING COMMISSION DECISION:
853
854 A. No Presumption Oof Approval: A request for a planned development does not constitute
855 an assurance or presumption that such planned development will be approved. Rather,
856 each proposed planned development shall be evaluated on an individual basis, in relation
857 to its compliance with the standards and factors set forth in this chapter and with the
858 standards for the zoning district in which it is located, in order to determine whether the
859 planned development is appropriate at a particular location.
860
861 B. Approval: The Pplanning Ccommission or planning director in the case of administrative
862 planned developments, may approve a planned development as proposed or may impose
863 conditions necessary or appropriate for the planned development to comply with the
864 standards and factors set forth in this chapter.
865
866 C. Denial: The Pplanning Ccommission or planning director in the case of administrative
867 planned developments, may deny an application for a planned development if it finds that
868 the proposal does not meet the intent of the base zoning district, does not meet the
869 purpose of this chapter, or is not consistent with the standards and factors as set forth in
870 this chapter.
871
872
873 SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That
874 Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures)
875 shall be and hereby is amended to read as follows:
876
877 21A.55.040: PROCEDURES:
878
31
LEGISLATIVE
879 A. Application: An application for a planned development shall be made on an application
880 form prepared by the zoning administrator and accompanied by applicable fees as noted
881 in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible
882 for payment of all mailing fees established for required public noticing. The applicant
883 must file an application for planned development approval with the Planning Director. A
884 complete application shall contain at least the following information submitted by the
885 applicant, unless certain information is determined by the zoning administrator Planning
886 Director to be inapplicable or unnecessary to appropriately evaluate the application. The
887 application submittal shall include one paper copy and one digital copy:
888
889 1. A complete description of the proposed planned development including the zoning
890 regulations being modified in the planned development and the planning objectives
891 being met;
892 2. When the proposed planned development includes provisions for common open space
893 or recreational facilities, a statement describing the provision to be made for the care
894 and maintenance of such open space or recreational facilities;
895 3. A written statement with supporting graphics showing how the proposed planned
896 development is compatible with other property in the neighborhood;
897 4. Plans, as required pursuant to sSection 21A.58.060 of this title, with the exception of
898 the number of copies required;
899 5. Architectural graphics including floor plans, elevations, profiles and cross sections;
900 6. A preliminary subdivision plat, if required;
901 7. Traffic impact analysis, where required by the City Transportation Division; and
902 8. Other information or documentation the zoning administratorPlanning Director may
903 deem necessary for proper review and analysis of a particular application.
904
905 B. Determination Oof Completeness: Upon receipt of an application for a planned
906 development, the zoning administratorPlanning Director shall make a determination of
907 completeness of the application pursuant to sSection 21A.10.010 of this title.
908
909 C. Public Notification and Engagement:
910
911 1. Notice of Application for Administrative Review: Prior to the approval of an
912 application that qualifies for administrative review, the planning director shall
913 provide written notice as provided in Chapter 21A.10.020.B.
914
915 2. Required Notice for Planning Commission Review:
916 a. Applications subject to planning commission review are subject to the notification
917 requirements of Chapter 2.60.
918 b. Any required public hearing is subject to the public hearing notice requirements
919 found in Chapter 21A.10.
920
921 Staff Report: Upon completing a site plan review and receiving recommendations from
922 applicable City department(s)/division(s), a staff report evaluating the planned development
923 application shall be prepared by the Planning Division and forwarded to the applicant and the
924 Planning Commission.
32
LEGISLATIVE
925
926 D. Public Hearing: The Planning Commission shall hold a public hearing to review the
927 planned development application in accordance with the standards and procedures set
928 forth in chapter 21A.10 of this title.
929
930 E. Planning Commission Action: Following the public hearing, the Planning Commission
931 shall decide, on the basis of the standards contained in section 21A.55.050 of this chapter
932 whether to approve, approve with modifications or conditions, or deny the application.
933
934 F. Notification Of Decision: The Planning Director shall notify the applicant of the decision
935 of the Planning Commission in writing, accompanied by one copy of the submitted plans
936 marked to show such decision and a copy of the motion approving, approving with
937 modifications, or denying the development plan application.
938
939
940 SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That
941 Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for
942 Planned Developments) shall be, and hereby is amended, as to the preamble only with
943 Subsections A through G unchanged:
944
945 21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS:
946
947 The Pplanning Ccommission, or the planning director in the case of an administrative planned
948 development, may approve, approve with conditions, or deny a planned development based upon
949 written findings of fact according to each of the following standards. It is the responsibility of the
950 applicant to provide written and graphic evidence demonstrating compliance with the following
951 standards:
952
953
954 SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That
955 Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the
956 Planning Commission Decision) shall be and hereby is amended to read as follows:
957
958 21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION:
959 Any person adversely affected by a final decision of the Pplanning Ccommission or planning
960 director in the case of administrative planned developments, on an application for a planned
961 development may appeal to the Aappeals Hhearing Oofficer in accordance with the provisions
33
LEGISLATIVE
962 of cChapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome
963 of the appeal, except as provided for under sSection 21A.16.030F of this title.
964
965 SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That
966 Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on
967 Approved Planned Development) shall be and hereby is amended to read as follows:
968
969 21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT:
970 No planned development approval shall be valid for a period longer than one year unless a
971 building permit has been issued or complete building plans have been submitted to the Division
972 of Building Services and Licensing. The Pplanning Ccommission or planning director in the case
973 of an administrative planned development, may grant an extension of a planned development for
974 up to one additional year when the applicant is able to demonstrate no change in circumstance
975 that would result in an unmitigated impact. Extension requests must be submitted prior to the
976 expiration of the planned development approval.
977
978 SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That
979 Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of
980 Approval of Planned Development) shall be and hereby is amended to read as follows:
981
982 21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT:
983 The approval of a proposed planned development by the Pplanning Ccommission or planning
984 director in the case of an administrative planned development, shall not authorize the
985 establishment or extension of any use nor the development, construction, reconstruction,
986 alteration or moving of any building or structure, but shall authorize the preparation, filing and
987 processing of applications for any permits or approvals that may be required by the regulations
988 of the Ccity, including, but not limited to, a building permit, a certificate of occupancy and
989 subdivision approval.
990
991 SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That
992 Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications
993 to Development Plan) shall be and hereby is amended to read as follows:
34
LEGISLATIVE
994
995 21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN:
996 Following planned development approval, the development plan approved by the Pplanning
997 Ccommission or planning director in the case of an administrative planned development, shall
998 constitute the site design in relation to building placement and design, landscaping, mobility and
999 circulation elements, and any elements that were approved as zoning modifications through the
1000 planned development process. Modifications to the development plan may be allowed pursuant
1001 to this section.
1002 A. New Application Required Ffor Modifications Aand Amendments: No substantial
1003 Mmodifications or amendments shall be made in the construction, development or use
1004 without a new application under subject to the provisions of this section.title. Minor
1005 modifications or amendments may be made subject to written approval of the Planning
1006 Director and the date for completion may be extended by the Planning Commission upon
1007 recommendation of the Planning Director.
1008 B. Minor Modifications: The Pplanning Ddirector may authorize minor modifications to the
1009 approved development plan pursuant to the provisions for modifications to an approved
1010 site plan as set forth in chapter 21A.58 of this title when such modifications appear
1011 necessary in light of technical or engineering considerations necessary to comply with an
1012 adopted building, fire, or engineering code or standard or when the modification complies
1013 with the applicable standards in the underlying zoning district or overlay district. Such
1014 minor modifications shall be limited to the following elements:
1015 1. Adjusting the distance as shown on the approved development plan between any
1016 one structure or group of structures, and any other structure or group of structures,
1017 or any vehicular circulation element or any boundary of the site;
1018 2. Adjusting the location of any open space;
1019 3. Adjusting any final grade;
1020 4. Altering the types of landscaping elements and their arrangement within the
1021 required landscaping buffer area;
1022 5. Signs;
1023 6. Relocation or construction of accessory structures that comply with the provisions
1024 of 21A.40 and any applicable accessory structure regulations; or
1025 7. Additions which comply with the lot and bulk requirements of the underlying
1026 zone.
1027 Such minor modifications shall be consistent with the intent and purpose of this title and
1028 the development plan as approved pursuant to this chapter and shall be the minimum
1029 necessary to overcome the particular difficulty comply with the standards of the
1030 underlying zoning district or the applicable building, fire, or engineering code or standard
35
LEGISLATIVE
1031 and shall not be approved if such modifications would result in a violation of any
1032 standard or requirement of this title. A minor modification shall not be approved if the
1033 modification reduces a required building setback, authorizes an increase in lot coverage,
1034 or increases building height.
1035 C. Major Modifications: Any modifications to the approved development plan not
1036 authorized by sSubsection B of this section shall be considered to be a major
1037 modification. The Pplanning Ccommission or planning director in the case of an
1038 administrative planned development, shall give notice to all property owners consistent
1039 with notification requirements located in chapter 21A.10 of this title. The Pplanning
1040 Ccommission or planning director in the case of an administrative planned development,
1041 may approve an application for a major modification to the approved development plan,
1042 not requiring a modification of written conditions of approval or recorded easements,
1043 upon finding that any changes in the plan as approved will be in substantial conformity
1044 with the approved development plan. If the commission or planning director in the case
1045 of an administrative planned development, determines that a major modification is not in
1046 substantial conformity with the approved development plan, then the commission or
1047 planning director in the case of an administrative planned development, shall review the
1048 request in accordance with the procedures set forth in this section.
1049 D. Other Modifications: Any modification to the planned development that complies with
1050 the standards of the underlying zoning district or overlay zoning district is allowed
1051 provided the modification does not violate a condition of approval or other requirement
1052 placed on the planned development as part of the approval of the application and required
1053 permits and approvals are obtained.
1054
1055 SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That
1056 Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority:
1057 Administrative Review) shall be, and hereby is amended to read as follows:
1058 A. Administrative Review: The planning director may approve, approve with modifications,
1059 deny or refer to the planning commission modifications to specific design standards when
1060 proposed as new construction, an addition or modification to the exterior of an existing
1061 structure, or a modification to an existing structure as authorized in Section 21A.59.040,
1062 Table 21A.59.040 of this chapter or when authorized in the specific zoning district
1063 elsewhere in this title.
1064 1. The director shall approve a request to modify a design standard if the director
1065 finds that the proposal complies with the purpose of the individual zoning district,
1066 the purpose of the individual design standards that are applicable to the project,
1067 the proposed modification is compatible with the development pattern of other
1068 buildings on the block face or on the block face on the opposite side of the street,
36
LEGISLATIVE
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
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 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.
SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That
1091 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall
1092 be, and hereby is amended to read as follows:
1093 a. Amending the definition of “ADAPTIVE REUSE OF A LANDMARK
1094 BUILDING.” That the definition shall be amended to read as follows:
1095
1096
1097
1098
1099
1100
1101
ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF A LANDMARK
BUILDINGS: The process of reusing a building for a purpose other than which it was built or
designed for landmark buildings original use is no longer feasible. Other land uses, in addition to
those specifically listed in the land use tables, may be allowed as a permitted or conditional use
subject to the provisions in Subsection 21A.52.060.A.
b. Amending the definition of “PARKING, OFF SITE.” That the definition of
1102 “PARKING, OFF SITE” shall be amended to read as follows:
37
LEGISLATIVE
1103 PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is
1104 located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within
1105 the boundary of a planned development that only serves uses within the planned development
1106 area is not considered off-site parking.
1107 c. Repealing the definition “HOUSE MUSEUM IN A LANDMARK SITE” as
1108 follows:
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
HOUSE MUSEUM IN LANDMARK SITE: A dwelling unit which is converted from its original
principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or
historic purposes. Such museum should include a staff who commands an appropriate body of
special knowledge necessary to convey the historical, aesthetic or architectural attributes of the
building and its collections to the general public. Such staff should also have the ability to reach
museological decisions consonant with the experience of his or her peers and have access to and
acquaintance with the literature of the field. Such museum should maintain either regular hours
or be available for appointed visits such that access is reasonably convenient to the public.
SECTION 15. Effective Date. This Ordinance shall become effective on the date of its
1119 first publication.
1120
1121
1122
1123
1124
2024.
Passed by the City Council of Salt Lake City, Utah, this day of ,
CHAIRPERSON
1125
1126
1127
ATTEST AND COUNTERSIGN:
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: Approved. Vetoed.
MAYOR
1139
1140
1141
1142
CITY RECORDER
(SEAL)
38
LEGISLATIVE
1143 Bill No. of 2024.
1144 Published: .
1145 Adaptive Reuse Preservation Incentives_Opt1(legislative)v1
1146
3.CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00155
February 16, 2023 Mayor Mendenhall signed the petition initiation
April 17, 2023 Initial information posted to the city’s online open house webpage
April 20, 2023 Initial information emailed to recognized organizations, focus
group and stakeholders, for the purpose of gathering early
feedback to inform the draft ordinance
July 18, 2023 All recognized organizations were sent the 45-day required notice
for text amendments that included a draft ordinance for review.
Focus group and stakeholders were also provided with updated
information with a draft ordinance for review
August 3, 2023 A briefing was held with the Historic Landmark Commission on
the proposal
August 21, 2023 The proposal was presented to the Sugar House Land Use
Committee.
September 27, 2023 The Planning Commission held a briefing to review the proposal
October 11, 2023 The proposal was presented to the Business Advisory Board
October 19, 2023 Public hearing notice posted to city and state websites and a notice
of the hearing was posted in the following public libraries: Main,
Corinne & Jack Sweet Branch, Marmalade, Fairpark, Glendale and
Sprague.
October 26, 2023 Staff report for Historic Landmark Commission hearing posted to
Planning’s website
November 2, 2023 The Historic Landmark Commission held a public hearing and
forwarded a unanimous positive recommendation to City Council
February 15, 2024 Public hearing notice posted city and state websites and a notice of
the hearing was posted in the following public libraries: Main,
Corinne & Jack Sweet Branch, Marmalade, Fairpark, Glendale and
Sprague.
February 21, 2024 Staff report for Planning Commission hearing posted to Planning’s
website.
February 28, 2024 The Planning Commission held a public hearing and forwarded a
unanimous positive recommendation to City Council
April 3, 2024 Ordinance requested from Attorney’s Office
April 22, 2024 Final ordinance received from the Attorney’s Office
April 23, 2024 Transmitted to CAN Administration
4.NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00155 – A petition initiated
by Mayor Erin Mendenhall for a text amendment that would make changes to the zoning
ordinance to support adaptive reuse and preservation of existing buildings. The goal of this
proposed text amendment is to remove zoning barriers that prevent the reuse of buildings and
offer zoning incentives to encourage a building to be reused rather than demolished. The
proposed amendments involve multiple chapters of the Zoning Ordinance and would apply
citywide.
DATE: Date #1 and Date #2
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 Zoom 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 related to this proposal, please call Amy Thompson at 801-535-7281
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail
amy.thompson@slcgov.com. The application details can be accessed at
https://citizenportal.slcgov.com/, by selecting the “Planning” tab and entering the
petition number PLNPCM2023-00155.
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.
5.PETITION INITIATION
To: Mayor Erin Mendenhall
Cc: Lisa Shaffer, Chief Administrative Officer; Blake Thomas, Department of Community and
Neighborhoods Director; Nick Norris, Planning Director
From: Michaela Oktay, Deputy Planning Director
Date: February 10, 2023
Re: Initiate Petition to Amend Text in the Zoning Ordinance to Establish Regulations for the Adaptive
Reuse of Buildings
The Planning Division is requesting that you initiate a petition directing the Planning Division to make
changes to the zoning ordinance to support adaptive reuse of existing buildings. The overall purpose of
these zoning changes is to support and implement existing City plans and policies related to housing,
historic preservation, sustainability and economic development.
Adaptive reuse is both a sustainable practice and a vital a planning tool that aids in meeting the City’s
various goals. The adaptive reuse of an existing structure retains a buildings original form while
bypassing wasteful demolition. This process keeps substantial amounts of materials out of landfills and
reduces energy consumption. Additionally, preserving these buildings which are often times historic or
contain elements of unique architectural detailing, helps maintain neighborhood character and
breathes new life into buildings that contribute to neighborhood fabric. Adaptive reuse allows existing
buildings to serve our community for generations to come while continuing to tell the story of those
who came before us.
As part of this petition the Planning Division will work with Sustainability to find ways to improve the
function and performance of existing buildings to reduce their environmental impact in exchange for
relaxing or modifying zoning regulations that may deter or prohibit the reuse of existing buildings.
The purpose of this zoning text amendment is to:
Create a mechanism to allow for the adaptive reuse of buildings while maintaining and
protecting the neighborhood’s historic built form and character;
Identify City codes and policies that effectively serve as barriers to the adaptive reuse of
existing buildings;
Identify a process for reviewing adaptive reuse projects; and,
Identify possible incentives for projects that include an adaptive reuse component such
as modifications to setbacks, height, density, parking, lot width and lot coverage.
As part of the process, the Planning Division will follow the City adoption process for zoning text
amendments, which includes citizen input and public hearings with the Historic Landmark
Commission, Planning Commission and City Council. Changes will be made to Title 21A: Zoning
Ordinance but other chapters within the city code may also be changed if identified as necessary.
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
MEMORANDUM
PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
Please contact me at 385-214-5311or michaela.oktav@slc.gov.com if you have any questions. TI1ank
you.
C-011cm·rence to initiate tlte zoning text amendment petition as noted aboue.
02/16/2023
Erin Mendenhall, Mayor Date
•Page2
6.ADDITIONAL PUBLIC
COMMENT RECEIVED
Caution: This is an external email. Please be cautious when clicking links or opening
attachments.
From:Turner Bitton
To:Planning Public Comments
Subject:(EXTERNAL) Comments for Tonight"s Meeting
Date:Wednesday, February 28, 2024 5:02:56 PM
Hello,
I’m writing on behalf of SLC Neighbors for More Neighbors to express our comments on
items on tonight’s agenda. I have written out each of our comments below to correspond with
each agenda item that we would like to submit comments on:
1) Parking Text Amendment: PLNPCM2023-00646
SLC Neighbors for More Neighbors strongly supports this proposal and encourages the
planning commission to approve the proposal. Salt Lake City continues to need more housing,
and the parking amendment is a way of preserving existing housing stock and preventing the
creation of more unnecessary parking. In short, the proposal prioritizes people over parking
and reflects our shared values.
2) Adaptive Reuse Text Amendment: PLNPCM2023-00155
SLC Neighbors for More Neighbors strongly supports the proposed adaptive reuse text
amendments and thanks the planning staff for their comprehensive approach to the issue.
Older buildings contribute to the culture, health, and vitality of neighborhoods. The proposal is
thoughtfully crafted in a way that will provide new housing opportunities and types while also
enhancing Salt Lake City's built environment. We encourage the planning commission to
approve the proposal.
——
Thanks for the opportunity to weigh in and for all of your work.
Thank you,
Turner C. Bitton (he/him)
Executive Director
SLC Neighbors for More Neighbors
(801) 564-3860
www.slcneighbors.org
jill love
jill love (May 2, 2024 14:54 MDT)
Email:jill.love@slcgov.com
Signature:
COUNCIL BUDGET
STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
SLC Budget FY25
TO:City Council Members
FROM:Allison Rowland
Public Policy & Budget Analyst
DATE:May 21, 2024
RE: FY2025 BUDGET – DEPARTMENT OF COMMUNITY AND NEIGHBORHOODS
MAYOR’S RECOMMENDED BUDGET PAGES:
- Key Changes, 55-56; Department Overview, 170 to 175; Staffing, 281-283
KEY ISSUES AND POLICY QUESTIONS
General Fund Budget. The Community and Neighborhoods Department’s (CAN’s) proposed budget for
FY25 is $34.7 million, which is over $1.6 million (4.7%) higher than in FY24. The Housing Stability Division’s
budget would continue to be the largest funding item ($9.8 million proposed) but Building Services would
receive the largest increase for FY25, at $1.3 million, or 14.6% (see chart below). [Staff note: This amount is
listed in the Mayor’s Recommended Budget (MRB); it is being reviewed by Finance for accuracy.] The
Youth and Family Division would experience a one-time reduction of $440,977, for four FTEs who typically
are supported by a grant but needed temporary support last year. The Office of the Director, the smallest
division, would be reduced by $785,280, reflecting a shift of Police Department substation contracts to the
Public Services Department and the consolidation of City leases into the Capital Improvement Program
(CIP).
Item Schedule:
Briefing: May 30, 2024
Budget Hearings: May 21, June 4
Potential Action: June 11
2
Staffing Levels. Increased costs in personal services (including increases in salaries and insurance rates)
are the biggest proposed change in CAN’s budget, amounting to an additional $2,976,704 or 12.8% over
FY24. The net number of CAN FTEs would shrink by 2, to 193, which is still higher than in FY23 when the
total was 190.
One-time FY24 funding for four Senior Community Programs Manager FTEs in the Youth & Family Division
would be removed for FY25 (typically, they are paid by Federal grants), and two new FTEs would join
different divisions, as listed below. In the MRB, the costs listed for the new FTEs are for 10 months; they
would need to be fully funded in FY26.
-Office of the Director: Communications & Engagement Manager ($139,715 in FY25,
$167,658 for 12 months). According to the Department, “This position will help craft effective
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
Housing
Stability
Building
Services
Planning Transportation Youth and
Family
Office of the
Director
FY23 Actual
FY24 Adopted
FY25 MRB
Community and Neighborhoods Funding
0
10
20
30
40
50
60
70
Building
Services
Planning Transportation Housing
Stability
Youth and
Family
Office of the
Director
FY23 FTEs
FY24 FTEs
FY25 FTEs
Community and Neighborhoods FTEs
3
a.communication
strategies, ensuring
consistent messaging
across divisions/
department, including
public relations, internal
communications and
monitoring media
coverage.”
-Building Services
Division: Building
Inspector III ($104,580 in
FY25, $125,496 for 12
months). To ensure
compliance with
multifamily rental housing
regulations.
BACKGROUND AND ADDITIONAL INFORMATION
A.Housing Stability Division ($9,762,459; 22 FTEs). The Housing Stability Division administers
housing support programs and coordinates the City’s responses to homelessness, among other duties.
Housing support programs are funded with both Federal and City monies, including the local sales tax
increment known as Funding Our Future. In recent years, the Housing Stability budget also was greatly
expanded with emergency Federal funding in response to the Covid-19 pandemic and subsequent
economic instability. These funds are scheduled to be fully expended by December 31, 2024. One ARPA-
funded FTE remains in the Housing Stability Division, funded by the US Treasury Emergency Rent
Assistance Program (ERAP) allocations to the City. That position will continue until the remaining,
roughly $2.6 million is expended, or September 2025, at the latest.
1.Staffing. Housing Stability staffing, at 22 FTEs for FY24, would not change for FY25.
2.Funding Our Future Housing Funds. The bulk of Housing Stability’s FOF funds are passed
through to community-partner organizations for service delivery. Aside from sizable increases for
the two FTEs funded through FOF, the FY25 housing programs are proposed to continue at the
same levels as in FY24 (see chart below). For current names and short descriptions of each
program, see Attachment C1.
Funding Our Future Support for CAN Housing Programs
FY23 Actual FY24
Adopted FY25 MRB
Planner 120,786 115,872 127,827
Community Development Grant Administrator 103,220 91,344 131,684
Shared Housing 100,000 100,000 100,000
New House 20 250,000 250,000 250,000
Build a More Equitable City 388,000 388,000 388,000
4
Expanded Housing Opportunity Program -
Landlord Insurance
115,000 115,000 115,000
Incentivized Rent Assistance 671,620 671,620 671,620
Mortgage Assistance 50,000 50,000 50,000
Marketing Home Ownership Programs 300,000 300,000 300,000
Service Models for Most Vulnerable 525,380 525,380 525,380
TIP Tenant Relocation Assistance 0 180,000 180,000
TIP Tenant Resource Center 0 92,000 92,000
TOTAL $2,624,006 $2,879,216 $2,931,511
3.Proposal for Changes. In responses to Council staff questions, the Housing Stability Division
proposed to change the names and current FOF categories because they were tied to the previous
housing plan, Growing SLC: 2018-2022: The new categories would “align with and help advance
the goals and objectives of the current, Council-approved housing plan, Housing SLC: 2023-
2027 as outlined below.” The proposal is budget neutral. [Council staff is clarifying whether this
proposal would need to be transmitted separately for Council review.]
Funding Our Future Support for CAN Housing Programs (HSD Proposal)
FY23 Actual FY24
Adopted
FY25
MRB
Planner 120,786 115,872 127,827
Community Development Grant Administrator 103,220 91,344 131,684
Shared Housing 100,000 100,000 1,524,500 Tenant
Housing
Assistance
New House 20 250,000 250,000
Build a More Equitable City 388,000 388,000
Expanded Housing Opportunity Program -
Landlord Insurance
115,000 115,000
Incentivized Rent Assistance 671,620 671,620
Mortgage Assistance 50,000 50,000 350,000 Equity and
Ownership
Assistance
Marketing Home Ownership Programs 300,000 300,000
Service Models for Most Vulnerable 525,380 525,380 525,500 Housing
Innovations
Programs
TIP Tenant Relocation Assistance 0 180,000 180,000
TIP Tenant Resource Center 0 92,000 92,000
TOTAL $2,624,006 $2,879,216 2,931,511
In FY24 the Council funded several other specific housing-related programs.
Would the Council like to request information on the status of these programs and
projects?
5
a.Partnership with Neighborworks for construction of new shared-
equity housing to be managed in a land trust ($2 million).
b.Potential matching funds for adding affordable housing units to the
County’s remodeling of the Sunday Anderson Senior Center.
4.Repurposing HUD Grant Program Accounts. In FY23, the Administration identified
dormant accounts that held $12 million in repaid loans originally associated with HUD Grant
Programs. The Administration worked with the Council to repurpose these funds for affordable
housing-related activities that comply with the original HUD Grant guidelines. The
Administration transmitted a proposal for allocating the remaining amount of “dormant income”
to new projects and programs in April 2024. The proposal is scheduled to be discussed after FY25
budget adoption.
5.Fix the Bricks Program. Fix the Bricks, a Federal Emergency Management Agency (FEMA)
grant program, was transferred to the Housing Stability Division in FY22. The goal was to place it
in the hands of existing employees who are familiar with grant accounting and decrease wait
times for program participants. Since taking over the program, the Division has managed to
significantly accelerate project completion. US Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) funding was allocated to fully fund project costs
for homeowners who have 80% or less of County Average Median Income (AMI). The Division
continues to look for additional outside funding sources to assist low-income homeowners with
the 25% match requirement.
Fix the Bricks Program Status
July 2022 to February 2024
- Waitlist (Applications with no funding): Over 4,000. Working with IMS to clean up the
list by inquiring whether applicants are still at the same address and are still interested
in the program.
- Backlog (Applications funded but not started): 366
- In Progress (Site visits, pre-bids, contract review): 45
- Under Contract (Executed contract, construction in progress): 31
- Completed Jobs (Project completed and paid out): 67
- Homeowner GF Match Grant FY 23 (Closed): Budget $84,000, Spent $56,106
- Homeowner GF Match Grant FY 24 (Open): Budget $ 84,000, Spent $30,803
The Council has been informed that the City also recently applied for another FEMA Building
Resilient Infrastructure and Communities (BRIC) grant, worth over $5.1 million, for use by the
Fix the Bricks program in both single-family housing and duplexes. If this is awarded, it would
and would require hiring one additional FTE.
At the Council’s request, the Housing Stability Division and the IMS Department produced maps
of program recipients to help analyze service equity. Attachment C2 shows the approximate
location of homes on the waiting list that would be funded if the grant is awarded. Attachment C3
shows the approximate location of all seismic work that was completed as of September 15, 2023.
6
The City has not yet identified and applied for funding for commercial properties. The Division
notes, “The most critical structures from a life-saving standpoint would continue to be
residential properties.” The Department also plans to transmit information on the existing
program to the Council for a policy discussion intended to establish legislative policies for the
program.
B.Responses to Homelessness.
1.Housing Stability Division. Within the Housing Stability Division, the HEART team
(Homeless Engagement and Response Team) provides services ranging from direct aid for
unsheltered people to mitigation programs for residents and businesses affected by encampments
and other aspects of the housing crisis. The FY25 MRB would shift funds among some programs
while keeping the total flat (see summary chart below), and the Administration indicates that
“The decrease to [these] program[s] will have little to no effect on current levels of service
because other State homeless funding exists to help fill this gap.” According to CAN:
“Service levels remain largely unchanged with the budget as proposed for
FY25. Reductions in portable toilet funding (part of the Clean
Neighborhoods line item), are based on spending actuals for the past few
years. Ambassador program increase reflects their annual program cost
increase as well as a continuation of light trash pickup services that were
added to that program this fiscal year. The reduction in overflow motel
funding and detox bed funding is based on projected increased capacity in
both winter overflow beds, as the stated goal of 1,000 beds and new
counties implement winter overflow plans, and detox beds, with VOA's
move to a new facility with increased bed capacity.”
Expenditures Related to Homelessness
FY23
Actual
FY24
Adopted
FY25
MRB
Day Shelter 127,000 127,000 127,000
Clean Neighborhoods 777,000 1,375,000 1,346,601
Detox Program 84,000 84,000 65,000
Storage Program 85,000 85,000 85,000
Overflow Fund (Motel Vouchers & St Vincent) 360,000 360,000 300,000
Landfill Camp Abatement Fees 17,000 17,000 17,000
Ambassadors Central City/Ballpark 1,288,101 1,384,101 1,581,500
Blackwater Vouchers -10,000 -
RV Repairs -100,000 -
Total $2,738,101 $3,532,101 $3,542,101
The final two items on the table above were requested by Council Members as services for people
who are experiencing homelessness and also would have broader public benefits. Funding for
“Blackwater Vouchers” was allocated in the FY24 budget to encourage people living in
7
recreational vehicles (RVs) to seek appropriate disposal of their wastewater. The one-time
$10,000 allocated was not spent and the initiative is proposed to be shifted to Public Services ing
FY25 MRB. CAN stated the following:
“No funds were used this fiscal year for RV blackwater disposal. HEART
explored options for a voucher program, but private companies were
unwilling to partner on a voucher system. HEART identified a vendor that
was willing to provide mobile RV pumping and engaged several outreach
service providers for referrals for needed pumping services, but no referrals
were received.”
Funding for RV Repairs (one-time, $100,000) was allocated to cover the costs for simple repairs
of occupied RVs, as well as decommissioning RVs that were unfit for occupancy. [Council staff
has asked the Administration for the amount of this one-time funding that was spend.] In the
FY25 MRB, funding for this program would be shifted to Public Services.
2.Work on Homelessness across City Departments. The Administration compiled a list
(below) of all proposed FY25 City funding that would assist people experiencing homelessness,
and alleviate problems associated with the homelessness crisis more generally. These efforts
would amount to over $30.5 million, include both $4.2 million for CAN’s work (note that “HAND
Team” in the chart refers to the Housing Stability Division), and efforts in other departments, like
over $12.0 million in Police Department Emergency Response and $5.7 million for Fire
Department Emergency Response. Council staff requested additional information on the Public
Services line-item adjacent to the Department name.
FY23
Amended
FY24
Approved FY25 MRB
1. Mayor’s Office 271,300 $271,300 $276,851
2. Community & Neighborhoods
Hand Team - General Fund 331,439 $331,439 $494,506
Hand Team - Mitigation Grant $175,239
Contractual Obligations
Advantage Services 802,000 $1,400,000 $1,400,000
United Site Services 60,000 $60,000 $60,000
Ambassadors 1,288,100 $1,384,100 $1,581,500
Emergency Shelters
CCAS Weigand Center Operations 127,000 $127,000 $127,000
Winter Motel Vouchers/St Vinny's
Overflow 360,000 $360,000 $300,000
VOA Detox Beds 84,000 $84,000 $65,000
Landfill 17,000 $17,000 $17,000
Black Water $10,000
RV Removal/Disposal $100,000
3. E911 523,000 $523,000 $768,882
8
4. Fire
CHAT 350,000 $748,667 $842,077
Emergency Response 5,566,000 $5,566,000 $5,699,129
5. Justice Court
Personnel & Security 27,000 $27,000 $27,000
Homeless Outreach Operating Costs 2,000 $2,000 $7,000
6. Police
Social Worker Outreach 1,741,565 $1,741,565 $2,196,369
PCRT / CCC /PR Outreach $73,770
Victim Advocate Outreach 256,510 $256,510 $170,359
Camp Cleanup 1,640,000 $1,982,000
Overflow Shelter Overtime
Emergency Response 11,989,925 $11,989,925 $12,001,545
7. Public Lands 368,000 $1,124,350 $1,124,350
8. Public Services 398,000 $176,000 $176,000
Black Water Disposal $10,000
RV Removal/Disposal $100,000
Long-Term Parking Mitigation Team $292,706 $292,706
Rapid Intervention Team 1 $286,860 $286,860
Rapid Intervention Team 2 $363,021
TOTAL 26,202,839 $26,879,422 $30,618,164
The Council may wish
to discuss whether
these approaches,
along with other
recommendations in
the FY25 MRB, are
likely to result in
progress toward
neighborhood safety,
and whether there are
specific metrics that
can be tracked this year
to evaluate
effectiveness.
3.Recent State Legislation. A law passed in the 2023 Legislative Session (Homeless Services
Amendments, HB499) requires that Salt Lake City enforce its prohibition on camping as a
condition of receiving funds from the Homeless Shelter Cities Mitigation Restricted Account. The
City will receive approximately $3,107,201 in mitigation funds for the current year. This amount
is not included in the MRB; it will be brought to the Council in a future budget amendment.
9
C.Transportation and Transit ($4,781,912; 30 FTEs). The Transportation Division is responsible
for the City’s transportation system, as well as transit programs and projects. (It does not maintain
streets and gutters; these are covered by the Streets Division in the Public Services Department.)
1.Staffing. As noted in the Department Staffing section above, the Transportation Division does
not plan to add new FTEs in FY25.
2.Transit Funding. Funding is proposed to increase by 3% ($330,777) for FY25 (see chart below),
reflecting the slower growth forecast for sales tax funding through Funding Our Future and
Quarter-Cent Sales Tax revenue. The Westside On-Demand Ride Service would receive a 10%
increase ($307,807 to meet demand for this service. In addition, the Frequent Transit Network
(FTN) Key Routes would remain steady at $7 million. These routes serve 200 South, 900 South,
and 2100 South. (Council staff note: The On-Demand Ride Services and transfer to UTA For Key
Bus Routes appear in the “Non-Departmental” budget, not CAN. Also, staff requested additional
information on the Transit Route Improvements item for FY24—specifically, whether or not
funding was allocated to this item in FY24.
Funding Our Future and Quarter-Cent Sales Tax
Support for Transportation and Transit
FY23 Actual FY24
Adopted FY25 MRB
Transit Planner 105,410 118,080 113,730
Planner (Planning Division)132,628 146,401 146,961
Transportation Engineer 138,228 147,436 174,196
Transit Key Routes 6,600,000 7,000,000 7,000,000
On-Demand Ride Services 1,900,000 3,000,000 3,307,807
Transit Route Improvements 990,000 0 0
Branding and Outreach 100,000 100,000 100,000
TOTAL $9,966,266 $10,511,917 $10,842,694
b Would the Council like to request “before and after” ridership data for Transit
Key Routes, On Demand Ride Services, Transit Route Improvements, and Bus
Service Mobilization.
3.Traffic Calming. The Transportation Division completed its Livable Streets Program report in
Fall, 2021, and two Transit Program Planners began implementation of the program in FY23. The
program provides low-cost, quick-action projects to support targeted safety needs that arise
within the community throughout the year. No new capital funding for project implementation is
proposed in the CIP budget for FY25, though $3 million was requested. This program received
$1.6 million in FY24.
The Council may wish to ask what the first two years of the Livable Streets
Program has accomplished, and how a regular reporting mechanism could
be added to this program.
10
Other street safety and traffic improvement projects can be found in CIP requests recommended
for funding, namely:
- Complete Streets
Reconstruction: $3.5
million
- Complete Streets Overlay:
$2.75 million
- Safer Crossings (Citywide):
$300,000
- Neighborhood Byways
program: $970,000
4.Hive Passes. The FY25 budget proposes to continue offering the traditional HIVE pass for
public transit ($350,000) along with free Hive Passes ($100,000) for school children and a
parent, guardian, or faculty member. These costs appear in the Non-Departmental section of the
MRB.
5.Train Crossing Safety Signage. At the Council’s request, the Transportation Division began
work on a pilot program ($150,000 one-time in FY24) for train crossing safety signage. Sensors
were installed at the 900 West crossing in March 2024 to collect data about train frequency,
6. length, and other information. Based on this data, the location has been deemed by the
Division to be appropriate for the signage. Messaging will be developed for the signs based on that
data.
The Engineering Division in the Public Services Department hopes to install the signs—which
weigh about 1,000 pounds each—in June and is working to add this to an existing contract. Once
installation is complete, the Transportation Division will collect data on the system’s operation to
assess its performance.
The Division estimates that the cost for each new intersection would be $150,000 in one-time
costs and approximately $18K per intersection per year ongoing:
“For eight additional intersections, we estimate that this would cost $700K one-
time and $40K per year ongoing for the annual license fee (including the
intersection where equipment will already have been installed). The
intersections that are preliminarily considered good candidates are:
25 South 1000 West
25 South 800 West
25 South 600 West
675 West 200 South
625 West 800 South
625 West 900 South
600 West 1700 South
475 West 300 North”
11
7.Other Transportation Projects. Many other projects proposed in the FY25 MRB will be
discussed in further detail in the CIP briefings. Funding of $2.75 million has been proposed for
this purpose.
D.Additional Information from CAN Divisions
1.Youth and Family ($2,908,111; 21 FTEs). The Youth and Family Division, which was shifted
to CAN from Public Services in FY22 has expanded and broadened the variety of programming it
provides.
a.Staffing. The number of FTEs proposed for the Youth & Family Division would drop by
four Senior Community Programs Managers, but only because in FY24, the Division
received one-time support from the general fund ($447,136, for 12 months; or $111,784
each). The MRB describes them as “program leadership for YouthCity at Fairpark
location and the Fairpark Learning Center,” and they have been funded in the past by a
grant from the Federal Temporary Assistance for Needy Families (TANF) program.
b.Strategic Plan. In FY24, the Youth & Family Division received $100,000 for a Strategic
Plan to help ensure that the City effectively serves local youth and does not duplicate
other community programs. The Division coordinated with CAN’s Procurement group on
an RFP for a consultant to be charged with the strategic plan. The project is now out for
bid and Council staff is working with the Administration to clarify when the project will
be complete.
2.Planning Division ($5,888,337; 42 FTEs). The Division works on the goals of the City’s general
plan, while reducing zoning barriers to achieving those goals. This work is done in tandem with
land use application processing.
a.Staffing. Planning Division staffing would remain at 42 FTEs for FY25.
b. In FY24 the Division received $100,000 in the annual budget to hire a consultant for a
Neighborhood Amenities Study. The goal was to study City neighborhoods and ensure
they support residents by making it possible to meet their “basic core needs” within
walking distance or through active transportation. This effort is also known as the 15-
Minute City. The Division reports,
a. “The neighborhood amenities study went out to RFP but there were
no respondents. Planning teamed up with IMS to complete the study
in-house. The study is expected to be completed by the end of
June. The budget appropriation for FY24 will drop to fund
balance.”
b The Council may wish to request the study be transmitted for review.
3.Building Services Division ($8,994,317; 65 FTEs). The Building Services Division is home to
Building Permits, Inspections, and Civil Enforcement teams. Their monthly newsletter contains a
variety of measurements of the work of these teams, including the numbers of building permit
applications received and issued, the value of these permits, the number of open enforcement
cases (including for boarded buildings), and the number of inspections scheduled.
12
The FY25 MRB proposes one new FTE for this division, a Building Inspector III ($104,580 in FY
25, $125,496 for 12 months) who would be charged with ensuring compliance with multifamily
rental housing regulations, ensuring each building is inspected on a four-year rotating schedule.
This would raise the total number of Building Services FTEs by one, to 65.
Building permit revenue is projected to decrease by $3.6 million from FY24. This is a conservative
projection to account for the toll inflation may take on the pace of construction in the City.
4.Office of the Director ($2,374,003; 13 FTEs). Staffing for this office—considered a division for
the purposes of this report—would grow by one FTE, a Communications & Engagement Manager
($139,715 in FY25, $167,658 for 12 months). According to the Administration, “This position will
help craft effective communication strategies, ensuring consistent messaging across divisions/
department, including public relations, internal communications and monitoring media
coverage.”
The sharp funding decrease in this division (from $3,159,283 in FY24) is due in large part to the
removal of one-time funding for the Downtown Police Substation Tenant Improvements
($513,000) and the consolidation of City leases in CIP ($560,000).
ATTACHMENTS
Attachment C1. Names and Descriptions of FOF Housing Programs.
Attachment C2. Fix the Bricks Map 2023.
Attachment C3. Fix the Bricks Map 2017.
Attachment C1. Names and Descriptions of FOF Housing Programs.
Shared Housing Provide supportive services and direct assistance to single adults.
Services may include: roommate matching, application fees, deposit
assistance, rental/utility assistance, barrier removal, and six months
case management.
Mortgage Assistance Provide certain homeowners financial assistance in a temporary
financial crisis.
Incentivized Rent Assistance Provide rent, utilities, deposits, application fees, and barrier removal
to certain households that are willing to participate in case
management programs.
Vulnerable Populations Case management services for specific populations, including, rent,
utilities, deposits, application fees, and barrier removal.
Build a More Equitable City
(Prevent and Eliminate
Housing Discrimination)
Landlord-tenant mediation and/or legal representation and
consultation for renters facing eviction
Expanded Housing
Opportunity Program
(Landlord Insurance)
Provide incentives to landlords for leasing to a low-income individual
exiting homelessness.
14
Marketing Home Ownership
Programs
Down Payment Assistance and Home Rehabilitation for qualifying
buyers. Note that “loan forgiveness” is included in some of the funded
programs.
Attachment C4. Administration Responses to Additional Questions to CAN
1.Does CAN/HEART staff have any ideas for alternatives to the Blackwater Voucher program? Or
more broadly, to mitigate the sanitary needs of people currently camping along the Jordan River
and elsewhere in the City?
HEART regularly interacts with and learns about best practices from other city administrations
across the western and west coast regions of the country and finds this to be a tricky problem to
solve for all cities. It is the intention that, with better access to 24-hour shelter and more
consistent enforcement, improper disposal of biowaste and other unsanitary conditions will
decrease in Salt Lake City. Instances of complaints about biowaste have reduced when Advantage
Service’s biowaste clean technicians are deployed to clean areas of high frequency use on a
proactive basis, rather than a reactive basis. Specifically related to Campers/Recreational Vehicles
(RVs), HEART explored options for a voucher program, but private companies were unwilling to
partner on a voucher system. HEART identified a vendor that was willing to provide mobile RV
pumping and engaged several outreach service providers for referrals for needed pumping
services, but no referrals were received. For FY25, homelessness outreach efforts to RV occupants
will include information about free waste disposal sites throughout Salt Lake Valley.
2.How much of the $100,000 for Homeless - RV Repairs used in FY24? Were there difficulties
encountered for using this funding?
All $100,000 was utilized by Compliance (Public Services) for RV towing and dismantling costs.
These funds were expended approximately six months into the year. The only difficulty
encountered was that funding was expended so quickly. Compliance (Public Services) can
expound on any other difficulties that they experienced with these funds or services.
Additionally, VOA received a separate $10,000 to assist with homelessness-related RV repairs.
HEART reached out to VOA today, May 28, 2024, about their remaining funds and how many
vehicles were served during the year. This information will be relayed to Council once it is
available.
3.Did the Council allocate $1.1 million for Transit Route Improvements in FY24? If that amount
was not spent, why not? And if it was spent, did the amount drop to fund balance?
The On-Demand and Transit Routes funding were combined; in FY24, Council allocated $1.1M
for Transit Routes, which was added to the $1.9M in On-Demand Ride Services from FY23, $3M
total for FY24.
4.Please provide updates on the status of the Livable Streets traffic calming program. What have the
first two years of the program accomplished? What metrics are being used to track progress? How
much of previous allocations has been used? Is any additional funding allocated in FY25? Please
see the following pages.
5.In the Youth and Family Division, was the $447,136 in General Fund support for four FTEs used,
or did it drop to fund balance because TANF funding was received for FY24? The four positions
were funded by the two TANF grants. When is the next date that the TANF grant will need to be
renewed?
We are currently in the first year of a three-year cycle for our TANF grants. Should funding be
released again at the end of the cycle we would begin the grant writing process in early 2026.
6.What is the expected completion date of the Youth and Family Strategic Plan? (The earlier
response to this question was a little ambiguous.)
We anticipate that the Strategic Plan should be completed by November 2024.
7.Is there any additional information available on the Business Services budget increase listed in
the MRB? It seems too high to be explained by increased personnel costs alone.
This year many new processes were created during MRB financial reconciliation due to the switch
to Workday and elimination of the some of the older programs like POPS. As part of this change,
the Budget Office oversees the posting of payroll and final budgets. At this point, we are unsure of
what contributes to the large increase outside of payroll. While we did see a large increase in
payroll in Building Services, we do not yet know all of the reasons for the total increase in this
division. Based on the overall total for CAN Department balances, we believe something may have
posted incorrectly to Building Services that should have posted to another division/budget. Before
we post the Council adopted budget, CAN will be working closely with the Budget Office to correct
all postings.
8.On the chart Greg sent Friday, which lists spending on Homelessness across City departments, it
is not clear what the line adjacent to Public Services refers to, since specific items are broken out
below this line. Could you clarify?
CAN did not provide the amounts listed under Public Services on the chart. It would probably be
better for Public Services to address this question.
9.How much did the City receive from the state this year from the Homeless Shelter Cities
Mitigation Restricted Account? Is this sufficient to cover actual costs for police services and/or
camp abatement?
The State recently announced that the City is set to receive $2,945,957.71 in FY25. This is a
reduction of approximately $160K from FY24. HEART is working with the State, the Mayor’s
Office, the Justice Court, Finance, and Police on how this will affect levels of programming
implemented by the City to utilize these annually awarded funds. The process to identify eligible
and approved expenses for the FY25 award includes a budget prepared by the City (HEART,
Mayor’s Office, Justice Court, Finance, and Police), a review by the Utah Homelessness Council,
and a review and final approval by Council through a FY25 budget amendment. HEART foresees
no changes to camp abatements for the year. Finance can provide additional information about
the status of the City’s mitigation grant, if needed.
Livable Streets Program Progress – Summary
May 28, 2024
During the first two years of the Livable Streets Program, staff were hired and trained, and public
involvement and conceptual designs were completed for Livable Streets Zones 2-9. Engineering designs will
soon be complete for Zones 2-4 and Phase 2 of Zone 1. Construction is expected for Zones 1-4 this
Summer/Fall. Engineering Design is planned for Zones 5-9, this coming Summer/Fall.
$3.6M has been appropriated the past two fiscal years for the program, with an additional $500K for Quick
Build projects. Of this, almost all Quick Build funding has been spent, and $155K of the zone-based
programmatic funds have been spent. Design and engagement are low-cost relative to construction, so we
will see the spend down accelerate as these zones go to construction starting this summer. We expect the
remainder of the previous funding appropriation to cover construction of Zones 2-4 and Phase 2 of Zone 1
this Summer/Fall. We don’t expect the remainder of this appropriation to be sufficient to cover the entire
construction needs of Zones 5-9, which could occur as early as Spring/Summer 2025.
Livable Streets Progress to Date
Zone 1 (Capitol Hill)
Phase 1 - Construction Completed Summer/Fall 2023 – CCIP Funding
Phase 2 – Construction Scheduled for Summer 2024 - Livable Streets Funding.
Zone 2 (Central Sugar House), Zone 3 (Glendale at the Sorenson), and Zone 4 (Poplar Grove at the
Chapman Library)
Public Involvement Completed in Fall 2023
100% Design Drawing to be Distributed for Review this Week
Construction to Begin Summer 2024
Zone 5 (Bees in the Ballpark), Zone 6 (Jordan Meadows), Zone 7 (Fairpark West), Zone 8 (Central City
at Richmond Park), and Zone 9 (Edison in Poplar Grove)
Public Involvement Completed May 2024
Engineering Design to Begin Summer 2024
Construction Expected Spring/Summer 2025 – Scope Based on Available Funding
Zones 10-19
Public Involvement Summer/Fall 2024
Engineering Design to Begin Winter 2024/2025
Construction 2025 or 2026 - Based on Available Funding
West Sugar House Traffic Calming
Livable Streets Funds Used to Complete this Constituent Project in Winter 2023/2024
Quick-Build Safety Projects
Purchase Traffic Counters for Livable Streets Projects
Replace Delineators on 300 S & 200 W Protected Bike Lanes
1300 S/2100 E Safety Project
Emery St Safety Project (700 S – Indiana Ave)
400 E Safety Project (Downingtown Ave – Hollywood Ave)
2150 E Westminster Ave School Crosswalk Improvements
700 S 1300 E - West Leg Crosswalk Improvements
600 West, Hollywood Ave & South Temple St Traffic Circle Improvements
In-Roadway “Stop for Pedestrians” Signs at Seven Locations
Westmoreland Dr 1500 E Safety Project
Kensington Ave/Ken Rey St/Bryan Ave Safety Project
1700 S 1000 E Safety Project
1240 E Westminster Ave Safety Project
Navajo St Harris Ave Intersection Safety Project (June 2024)
1700 S 400 E Intersection Safety Project (June 2024)
Downtown Sidewalk Restrictions signs (June 2024)
Jordan River Trail Speed Limit Signs and Yielding Rules Signs (June 2024)
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COUNCIL BUDGET
STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
tinyurl.com/SLCFY25
TO:City Council Members
FROM:Kira Luke
Public Policy & Budget Analyst
DATE:May 30, 2024
RE: FY2025 BUDGET – PUBLIC SERVICES DEPARTMENT
Budget Book Pages: Key Changes, 59. Department Overview, 227 to 234
The Public Services Department manages public-facing services through its Streets and Compliance
Divisions, and also provides support for internal City functions, through the Facilities Services,
Engineering, Administrative Services Divisions, and the Fleet Enterprise Fund. The Fleet Enterprise Fund
is briefed separately, while this briefing covers the rest of the Divisions, which receive funding through the
General fund. Much of the equipment and infrastructure for projects Public Services handles is covered
separately in the Capital Improvement Program (CIP) budget, which is briefed later in the year.
The proposed budget for FY 24 is $46,261,467 which is about 6% ($2.8 million) more than the adopted
budget for Fiscal Year 2023-24 (FY24).
This budget includes funding for eight new full time employees (FTEs) since FY24, which includes two
seasonal positions reclassified to FTEs.
Street maintenance, new parking stations, and RV mitigation are some of the most common themes in
discussions in the past year involving Public Services.
Public Services General Fund Budget
FY24 Final Adopted FY25 Proposed Difference Percent
$43,449,292 $46,261,467 $2,812,875 6%
This report concerns the general fund-supported divisions of Streets, Compliance, Facilities, Engineering,
and Administrative Services. The Fleet fund is briefed separately. Each of the Divisions would see an
Department of Public Services
2
A. increase, ranging from 3% for Engineering and Streets, up to 18% for Administrative Services
and Compliance. This primarily reflects increases to Personal Services costs for existing and new
employees, which includes salaries, merit changes, and insurance rate changes. Other notable
changes include:
$603,308 for contractual services
$75,000 for vulnerability assessment consulting
$100,000 Funding our Future dollars for RV Removal and Disposal
-$130,000 representing the conclusion of the Mill & Overlay pilot program
$296,000 increase for the now ongoing Mill & Overlay program within the Streets division
Staffing
Base to Base Changes $92,358
5 % Salary Proposal $ 212,849
Insurance Increase $134,884
Pension Changes $33,080
Public Services employees covered by the general fund (including Funding Our Future) would be a total of
277. Since FY24, Public Services staffing has undergone significant restructuring, including 4 FTEs shifted
to the newly-created Public Lands Department in Budget Amendment 2 of FY24.
$0.00
$2,000,000.00
$4,000,000.00
$6,000,000.00
$8,000,000.00
$10,000,000.00
$12,000,000.00
$14,000,000.00
$16,000,000.00
$18,000,000.00
Administrative
Services
Compliance Engineering Facility Services Streets
FY24 FY25
General Fund Public Services Division Funding
Department of Public Services
3
The proposed new FTEs are outlined in each respective division’s section. These positions are funded for
only 10 months, which means additional ongoing funds would be needed for their fully annualized
salaries in FY26. See each Division for additional detail.
Staff note: at the time of publication, several inconsistencies were noted in the Mayor’s Recommended
Budget book Staffing Section. Staff is working on clarifying these.
Vacancies
The Department reports multiple vacancies throughout their divisions. The Rapid Intervention Cleanup
Operator and Senior Engineering Construction Project Manager positions have been vacant for more than
two months. The Department reports that entry-level positions in Streets, in particular, have proven
challenging to fill and challenging to offer pay competitive with the private sector. The 5% salary proposal
and the Department’s recent restructuring, which includes multiple pay scale changes and updated job
titles and descriptions, are expected to pave the way to filling these positions. Other vacancies include
road maintenance positions and office support positions.
POLICY QUESTIONS
1. The Council may wish to discuss the Rapid Intervention Team funded in FY23, as part of the goal of
evaluating the City’s diversified response pilot programs. The team has been difficult to maintain at
full staffing levels, but the team’s use has been so needed and effective, FY25’s budget includes a
proposal to double the team.
a)The Council may wish to discuss, given the difficult situations that can be part of clean-up
responsibilities, is the team’s existing pay scale (grades 16-19) sufficient to attract and retain long-
term employees?
2. The Council may wish to hold a discussion about the RV mitigation strategies (Section E), which
could include:
a) The proposed $100,000 removal incentive pilot. Discussion could include metrics for success, and
how many incentives $100,000 is expected to provide.
b) Updates on the mitigation team funded in FY24
3. The Council may wish to continue the policy discussion of who should pay for electric vehicle
charging electricity (City currently subsidizes) and whether to explore privatizing the chargers.
4. City-owned asset maintenance, like roads, can often be behind schedule despite significant
investments of staff and fiscal resources in recent years.
a. The Council may wish to ask for more information on funding timelines and strategies, and
whether the most urgent concerns are sufficiently funded.
b. The Council may wish to hold a policy discussion on overall goals for City-owned asset
conditions.
c. The Council may wish to discuss with the Department what the Department’s goals are for
street maintenance (including standard maintenance and the new Mill & Overlay program).
i. Is proposed funding for streets maintenance is sufficient to meet the Council’s
goals?
ii. Is the funding distribution between local and major roads meeting the Council’s
policy goals?
Department of Public Services
5
5. The Parking Pay stations are planned for replacement this fiscal year. During discussions, the
Council and Administration identified multiple policy considerations concerning the City’s goals of
paid parking locations, dynamic pricing, smart city upgrades, and general curb management
strategies. The Council may wish to ask if the Administration has a timeline in place to bring these
policy discussions for consideration.
BACKGROUND AND ADDITIONAL INFORMATION
Public Utilities and Contractual Charges. Unlike many other City departments, Public Services is
responsible for paying expenses whose ultimate size is largely determined by other departments. The
primary example are utilities bills for departments that are housed in the City County Building and Plaza
349. Facilities pays for public EV charging. Streets pays street signal electricity costs. Several other
departments—Fire, Police, and Public Lands—along with most enterprise funds, do pay their own utilities.
Budgeting in the face of this variety is further complicated by year-to-year fluctuations that depend on
weather conditions, the City’s new asset purchases, contractual changes, and more.
Several years ago, at the Department’s request, the Council adopted an approach that funds Utilities and
Contractual Increases for Public Services on an annual basis. By explicitly placing anticipated amounts for
these items in the annual budget, the Department avoids the mid-year need to shift funding from
approved areas into what are essentially predictable but unfunded expenses. Now, the annual Utilities and
Contractual budget request is based on CPI plus proposed rate increases for public utilities. Contractual
increases included software and other services, like the security provided by CBI Security, which was
recently renegotiated at the State level.
FY24 Adopted FY25
Recommended
Utilities Changes $548,400 $340,109
Contractual Increases $ 696,000 $943,417
Total $1,244,000 $1,283,526
B.Administrative Services Division ($4,263050, 20 FTEs). The Administrative Services
Division provides the management, financial operations, project management, technology, and
communication coordination and support required for all Public Services operations. This Division
also includes the new Citywide internal security program.
Staffing. No new FTEs are being proposed within this Division for FY25, but staffing changes in this
division do include 4 paygrade increases and one FTE transferred from facilities.
a. One new line item for this Division is $75,000 onetime consultant funding to support the Security
Director in performing vulnerability assessments.
C.Streets Division ($16,540,679, 116 FTEs). The largest general fund-funded Division in Public
Services would remain so, with 3% budget growth and two proposed conversions from seasonal
employee to FTE. (Note: Streets is separate from the Transportation Division located in the
Community and Neighborhoods Department.) The Streets Division provides snow plowing, street
Department of Public Services
5
sweeping for storm water management, and traffic signals maintenance—all of which require after-
hours response capacity. In addition, the Division provides all roadway painting (including
crosswalks); maintenance activities such as pothole patching and chip seal projects; and significant
asphalt road maintenance.
Although the personal services costs are seeing the same 5% salary increase as all departments, the
overall Division budget is only increasing by 3%. Some of this is accounted for by vacancy savings, as
well as the reduction of onetime funding for the Mill & Overlay pilot program (which is now an
ongoing program with ongoing expenses).
Staffing: The Streets Division has requested to convert two existing part time positions to FTEs
(See Attachment 1 for job description). The Division reports that this change will add capacity to
traffic sign and marking maintenance crews. Streets is one of the divisions most impacted by high
turnover or hard-to-fill entry-level positions.
Mill and Asphalt Overlay Pilot Program. The program adds a middle layer to the current
approach of reconstructing worst roads first (Engineering role’s and typically funded through CIP),
and maintaining roads in good condition (Streets’ role and typically funded in the general fund,
including Funding Our Future sales tax dollars), by focusing on overlaying roads that are not
sufficiently deteriorated to need reconstruction, but are in too poor of condition to merit standard
upkeep. The City uses the Overall Condition Index (OCI)1 to determine which roads fall under which
conditions and prioritize maintenance.
In FY24, this was a pilot program funded at $130,000 with the goal of reaching 5 lane miles of
treatment. The pilot program was considered successful, and this is now a part of the Streets
Division’s maintenance operations. The budget includes a proposal of $296,000 to consolidate the
program and treat 10 lane miles. The Division included the following chart to report the program’s
projects to date:
D. Facilities Services Division ($13,042,062, 58 FTEs). The Facilities Division manages City-
owned buildings and public spaces. This includes everything from maintenance to tracking the
condition and needs of all City assets.
1 SLC Pavement Condition Map
Department of Public Services
7
Asset management. As part of the Division’s role in oversight and maintenance of City-owned
properties, Facilities noted that many assets are overdue for replacement. The Division maintains a
list of factors, including contractual obligations, threats to property and infrastructure, and funding
availability/timeliness to determine which assets to prioritize for updates or repairs. Ongoing
maintenance typically falls within the Public Services budget, while addressing and prioritizing
onetime capital replacements or improvements is usually part of the annual CIP discussion.
Staffing. In FY24, Facilities added five new FTEs, including the new Building Administrator and
four positions in the Trades Apprenticeship program. The Department reports very positive impacts
from the apprenticeship positions, with at least one apprentice taking an FTE position after gaining
the necessary qualifications. This year, three new FTEs are requested for the Rapid Intervention
Team expansion. (See Attachment 2 for full job description.)
10 months
(FY25)
Full year
(FY26)
Clean-up Equipment Operator (3 FTEs
requested, funding shown is for 1)
$84,342 $101,210
Total requested for FY25 $253,026
E. Engineering Division ($7,412,570, 51 FTEs). The Engineering Division oversees the City’s
construction work, and manages a significant amount of data mapping, survey work, and new
subdivisions and roadways.
Staffing. Engineering has requested three new FTEs for FY25. One is a new Engineer position to
improve their ability to enforce construction violations in the public Right of Way (ROW) (See
Attachment 3 for job description). Two more FTEs are requested to support the Public Lands
Division from the engineering portion of the design process. These positions are expected to oversee
new Public Lands project elements like construction scope, bidding, contracting and construction
management.
10 months (FY25)Full year (FY26)
Engineer IV $117,210 $140,652
Project Managers (2 FTEs
requested, funding shown is for 1)
$124,847 $149,816
Total requested for FY25 $366,904
F.Compliance Division ($5,003,106, 32 FTEs). The Compliance Division enforces City codes and
manages customer service requests, parking pay stations, school crossing guards, and impound
Department of Public Services
8
operations, among other things. The occupied vehicle mitigation team funded in FY24 is also housed
within the Compliance Division.
Staffing. No additions or reductions in staffing levels are proposed for FY25.
Parking Pay Stations: In FY24, the Council opted to fully fund Parking pay stations that were overdue
to be replaced in FY23. The modernization of parking pay stations is expected to provide a more reliable
and cost-efficient service to the City and the users of the metered parking spaces. The Division reports
plans to replace the stations this fiscal year are proceeding, with installation beginning this calendar year.
The next step in the process will include a public information campaign to prepare users for the
transition.
RV Enforcement: The Division reports that the mitigation team funded last year (See Attachment 4 for
program description provided June 2023) is fully staffed and has shown significant improvements in
responding to RV encampment concerns, from 8 weeks down to 1-3 weeks. The team coordinates closely
with the City’s Homeless Engagement and Response Team (HEART) to complement enforcement efforts
with outreach and resources for people being displaced.
This year’s funding also includes $100,000 for a new RV removal and disposal incentive. The Department
anticipates the need for this program will be ongoing, but proposes $100,000 onetime funding to gauge
funding needs for future years. The problem this pilot hopes to solve is the issue of unoccupied, unclaimed
RVs sitting for an extended period of time, due to low recycling or resale value. The program provides
financial incentives to companies to tow, impound, or properly dispose of unclaimed RVs.
ATTACHMENTS
Attachment 1 – Traffic Maintenance Operator I Job Description
Attachment 2 – Clean-up Equipment Operator Job Description
Attachment 3 –Engineer IV Job Description
Attachment 4 - Occupied Vehicle Mitigation Team Description
10
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CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL BUDGET
STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
tinyurl.com/SLCFY25
TO:City Council Members
FROM: Ben Luedtke, Senior Analyst
DATE:May 30, 2024
RE: Fiscal Year 2025 Police Department Budget
BUDGET BOOK PAGES: Key Changes 58, Department Overview 214-219, Staffing Document 292-295
ISSUE AT-A-GLANCE
The Police Department is funded by the General Fund as well as various federal and state grants. The total
FY2025 General Fund budget for the Police Department is proposed to be $120,001,456 which is a $9,024,644
or 8% increase over the FY2024 budget. Most of the change is due to increased compensation of existing
employees, six new police officers at the Airport and additional overtime funding. The total staffing level would
increase by six to 767 FTEs. This includes 595 sworn officers, 152 civilian staff and 20 authorized but unfunded
early hire police officers to mitigate turnover fluctuations. Note that 78 of the sworn police officers would work
at the Airport (six are new FTEs proposed in this budget). The Airport Fund fully reimburses the General fund
for those positions. See Additional Info section for a summary of the Police Department budget and staffing
levels from FY2013-FY2025.
KEY ELEMENTS OF THE FY2025 PROPOSED BUDGET
$7.3 Million Increase for Personal Services
The proposed budget includes a $7.3 million (6%) increase for personal services which reflects 11 line items
summarized in the table below. The table has a $9.3 million total which is $2 million more than the personal
services increase. At the time of publishing the Department was working to identify which line items bundle
non-personal services items causing the discrepancy. It’s important to note that the total cost for personal
services is over $110 million, which is 92% of the total Police Department budget. In Budget Amendment #5, the
Council approved $1.2 million for one-time retention bonuses and $264,500 ongoing lateral hiring bonuses to
help the Department reach full staffing of sworn positions. The Department reports a 95% participation rate in
the bonus program, a 40% reduction in separations versus the same period two years ago, and the $8,500 one-
time bonus is the most generous along the Wasatch Front based on a review of 18 other law enforcement
agencies. The Department anticipates returning to full staffing in FY2025 which would be the first time since
2020. See the Additional Info section for more on current and historic staffing levels in the Department. The
proposed budget increases the use of Funding Our Future dollars by $4,543,097 over the FY2024 adopted
budget to a new total of $17,560,000. The additional funds are for most of the 5% salary proposal, all of the
Budget Amendment #4 clean neighborhoods initiative ongoing, and smaller portions of several other items.
These are subtotals of many items in the table below. Funding Our Future would continue to cover the salary
and benefits costs for 27 police officer FTEs, 25 civilian FTEs (half of which are social workers), the Civilian
Responder Program, and body worn cameras.
Project Timeline:
Briefing: May 30, 2024
Budget Hearings: May 21 and June 4, 2024
Potential Budget Adoption Vote: June 11 or 13, 2024
Page | 2
$2,328,683 for Six New Police Officers and Equipment at the Airport
The additional FTEs would bring the total number to 78 police officers assigned to the Airport. Note that the
Airport enterprise fund fully reimburses the General Fund for the Police Department’s costs providing public
safety services. Demand for these services has increased because the new international airport is larger, handles
more passengers, and crime reports have gone up significantly in the past three years.
$249,803 for New Ongoing Trainings, and $1.5 Million Public Safety Reform Holding Account
There are four new ongoing training courses detailed below proposed in the FY2025 budget using $249,803
from the public safety reform holding account. All four the trainings are recommended by the Racial Equity in
Policing Commission. In recent years, the Council created two holding accounts for implementing
recommendations from the operational audit of the Police Department by Matrix Consulting, the Racial Equity
in Policing Commission, and the public. The holding accounts in Non-departmental were combined and would
have a remaining balance of $1,531,389 under the proposed budget. The holding account lapses to General Fund
Balance at the end of each fiscal year, so the Council has repeatedly reappropriated it in the annual budget. An
existing $55,000 training line item is proposed to be eliminated as part of the four new ongoing line items
below. The new trainings held in conjunction with other training and not prioritized over other training courses.
The four proposed new expenditures from the holding account for new ongoing trainings in the Police
Department are:
-$74,688 ongoing for Arbinger Leadership Cohort: The Arbinger program was instituted within the
SLCPD as a pathway to positively enhance employee interaction with each other and the public. It
focuses on de-escalation, verbal communication strategies, leadership, and improving community
interactions. This training is for both sworn officers and professional staff.
-$52,500 ongoing for Leadership in Police Organization: The International Association of Chiefs of Police
or IACP’s Leadership in Police Organizations or LPO differs from the Abinger Outward Leadership
program above. The IACP LPO is an internationally recognized, comprehensive police leadership
program. It is exclusive to police organizations and takes an academic approach to teaching modern
behavioral science and leadership theories that enhance human motivation, job satisfaction,
performance, and development. This training is for both sworn officers and professional staff.
-$22,775 ongoing for School Resource Officer (SRO) Training: This would be the first time that the SRO
program has received a budget dedicated to training. The specific training would be through the
National Association of School Resource Officers (NASRO). The budget request would fund 10 officers
and 1 Sergeant at $2,025 per training with an additional $500. The Racial Equity in Policing
Commission recommended that SRO training particularly include sessions on adverse childhood
Personal Services Item Amount
5% Salary Proposal 2,933,477$
Six New Police Officers at International Airport (revenue offset)2,328,683$
Budget Amendment #4 Overtime Increase for Clean Neighborhoods 1,829,000$
Police Overtime Revenue Offset for Contracts, Events, Taskforces (revenue offset)1,434,295$
Patrol Overtime Increase 1,363,461$
Annualization of Partially Funded Positions 625,739$
Health Savings Account Increase 359,750$
Insurance Changes 203,871$
CCAC Market-based Salary Adjustments 48,464$
Base to Base Changes (289,598)$
Pension Changes (1,497,567)$
TOTAL 9,339,575$
Note: the six new police officers at the Airport includes some equipment, supplies, and inflationary
items. At the time of publishing, the explanation was pending for the difference between the total in
this table and personal services change total in Attachment 1.
Page | 3
experiences, adolescent development training, mental health training, and principles of cultural
competence.
-$20,000 ongoing for Culturally Responsive Therapy for Negative Police Interactions: The amount listed
in the budget book of $99,840 is incorrect and should be $20,000 as recommended by the Racial Equity
in Policing Commission. The amount is based on SLCPD's average of five incidents per year, with each
family proposed to receive approximately $4,000 worth of therapy sessions. The funds would cover
therapy sessions for the families for an unspecified time until the funds are exhausted. Victim Advocates
would offer the service at two stages: before watching the body cam footage and a period after the
funeral and memorial. If approved, a low-barrier intake process would be created where families would
receive a privacy code used for billing from Victim Advocates. The Commission also recommended that
“negative police interactions” be defined and privacy policy be updated to align with Utah Rules of
Evidence Rule 512.
$143,280 Ongoing for Axon Body Camera Enhancements and New Taser 10 Model
The Non-departmental budget includes $143,280 for inflationary cost increases to the existing body camera
contract and upgrading to taser 10 which is a new model. The new total would be $492,972 for the Axon body
camera software and services. There is a separate $1.2 million line item also in Non-departmental for the body
camera hardware and integration with police vehicles. See the Additional Info section for background and
details on the several elements of the Axon software bundled services.
$300,000 One-time to Catchup on Expungement Backlog
Recent changes to state law and how the courts system processes expungement requests has significantly
increased the number of pending expungements. The funds would be placed in Non-departmental to give the
Administration flexibility to determine how best to implement processing the documents. The funds could be
used for an outside contract, in-house resources such as overtime, technology improvements, and/or a
combination of approaches. Appropriating the funds in Non-departmental recognizes that multiple departments
could be involved including the Police Department, IMS, and/or Finance. Some Council Members have
mentioned that faster processing of expungements helps people access housing and jobs by removing a criminal
record which can be identified during a background / security check. Criminal records can be a barrier to a
landlord approving a rental application or a potential employer hiring the job candidate.
Increased Calls for Service and Improving Response Times
The Department has made progress to address prolonged staffing shortfalls since 2020. The performance
measure (see Attachment 2) tracking response time for priority one calls (the most serious) improved from
12:46 minutes in 2022 to 10:15 in 2023. Response times to priority 1 calls have averaged less than 10 minutes on
a monthly basis from December through April as shown in the below graphic. The Department provides monthly
public updates on response times using color-coded tables. It’s important to note that these are cumulative
response times from when a call is received to when an officer arrives on scene.
$60,000 One-time to Replace Evidence Drying Lockers
Page | 5
The Department provided the following description for this expense: “Drying lockers are utilized to dry items
that are wet from weather or bodily fluids. They allow for drying of articles in a controlled environment while
maintaining the chain of custody for evidence. The current units are over 20 years old and are failing. We do
anticipate energy efficiency by replacing these units.”
Reclassifying Existing TBD Position into a New Appointed Police Commander Position
(See Policy Question #2 and Attachment 4 for the job description)
The Department is working on a restructuring to advance accountability and leadership goals. A new appointed
position called police commander is proposed to be proactively added to the Appointed Pay Plan. The staffing
document does not identify an existing position to be reclassified into the police commander position, but the
Department says this is planned in FY2025. The reclassification is expected to be budget neutral. The job
summary from Attachment 4 is posted below.
Police Commander Job Profile Summary
“Under the general direction of a Deputy Chief of Police, plans, organizes, directs, evaluates, and supervises
personnel and their activities within a major division of the Salt Lake City Police Department. Interacts with
other City departments, outside law enforcement and related agencies as required. Manages and directs
efficiency and effectiveness of assigned division’s operations. Exercises administrative and operational level
decision making for; goals, standards, budgeting, personnel, and policy adherence.”
Metrics for the Police Community Response Program
(Previously called Civilian Response Program; see Attachment 5 for presentation; see policy question #3)
The Department provided Attachment 5 with photos of the program in operation and metrics in response to
Council Members requests. Staff has summarized the metrics in the list below.
-4,778 total incidents during the first year of operations from April 26, 2023 – April 25, 2024 which
includes a mix of calls for service and self-initiated activity
-The average time on scene was 43 minutes and 22 seconds
o Given the average time on scene above, the Department estimates this is equivalent to 3,453
staff hours
-The Program also assists with 911 hang-up call backs covering 1,123 during the first year which is
equivalent to 11% of all 911 hang-ups during the 12-month period
-Approximately 800 staffing hours dedicated to the promising youth project
-778 traffic related responses
-615 property crime responses
-538 self-initiated responses
-286 found property responses which is equivalent to 10% of all found property calls during the 12-
month period
-264 vehicle lock out services performed
-216 citizen / motorist assists
-215 VIN inspections completed
-162 theft investigation responses which is equivalent to 3% of all theft investigations during the 12-
month period
-159 welfare check or missing person responses
-99 staffing hours dedicated to crime prevention as part of Jordan River Trail operations
-42 hours of community based engagement
Note that the total of the above listed numbers is 5,297 which is more than the 4,778 total number of
incidents. This might be explained by some metrics being reported in hours vs incidents.
Reduced Annual Award from State Homeless Shelter Cities Mitigation Grant
Page | 6
The City was notified recently that the grant award for FY2025 is $2,945,958 which is a reduction of (-$161,243)
from last year. The grant funds will come to the Council in a midyear budget amendment usually in the fall. The
Administration is evaluating how the lower grant award impacts existing FTEs and services funded by the grant.
The City applied for and received $3,107,201 in FY2024 to pay for 17.5 FTEs as detailed below. The annual
award is not guaranteed and subject to appropriation by the State Legislature. The Administration expects to
apply for grant funding annually to cover these costs. The FY2025 application could request additional FTEs if
more funding is available. The General Fund would need to cover costs if the State grant is not awarded to the
City to fully cover the costs. The police officers focus on serving the neighborhoods hosting the Geraldine King
Women’s Resource Center and the Gail Miller Resource Center. In recent year, the full funding request has also
included overtime and subawards to the Volunteers of America.
17.5 existing FTEs by the annual grant:
- 12 Police officers
- 3 Police sergeants (two
- 1 Business & community liaison focused on the downtown and Central Ninth neighborhoods
- 1 Sequential Intercept Case Manager in the Justice Court (part of the City’s contribution towards
implementing the “Miami Model” of diversion)
- 0.5 Grant Specialist in the Community & Neighborhood Department (half grant funded and half by the
General Fund)
POLICY QUESTIONS
1.Placeholder Local Matching Funds for COPS Hiring Grant – The Council may wish to ask the
Administration how much funding would be needed in FY2025 if the City’s grant request for 12 new police
officers is approved without a local matching funds waiver? A detailed breakout of the multi-year costs was
pending at the time of publishing this staff report. The application is due June 12 and awards are anticipated
to be announced in September / October. There is no funding in the FY2025 budget for these 10 new police
officers and two new sergeants. The Council may also wish to ask how the new positions could proceed
without the federal grant funding.
2.New Police Commander Position and Department Restructuring – The Council may wish to ask
the Administration why the new police commander position is needed, what existing position would be
reclassified to create it, and how it fits into the upcoming restructuring? The Department is working on a
restructuring to promote leadership and accountability. The police commander position is proposed to be
added to the Appointed Pay Plan but the staffing document does not show a change to create the position as
part of the FY2025 annual budget.
3.Metrics for Police Community Responder Program and Other Alternative Response
Programs – The Council may wish to discuss with the Administration the metrics summarized above and
in Attachment 5 for Police Community Responder Program, do the metrics show the program is achieving
the original goals as intended, what additional outcomes / metrics would be helpful such as number of
diversions away from a sworn officer response, geographic areas of focus, and number of special events
staffed.
4.Noise Enforcement (non-vehicular and vehicles) – The Council may wish to ask the Administration
what would be needed to have ongoing noise enforcement responses as a higher level of service available in
the City for different types of noise violations (loud parties, modified vehicles, construction sites, etc.)? The
Police Department has eight decibel meters for noise complaints.
5.Resources for Monthly Audits of Random Body-worn Camera Recordings – The Council may
wish to ask the Administration what resources would be needed to increase random body-worn camera
recording audits from the current five per month? The audits are required to be performed by “a qualified
individual outside of the Salt Lake City Police Department designated by the Mayor” per section 2.10.200.E
of the Salt Lake City Code. The monthly reports are publicly posted by the City Attorney’s Office. Some
Council Members previously expressed interest in randomly auditing more than five recordings a month.
ADDITIONAL & BACKGROUND INFORMATION
A. Police Department Budget and Staffing Summary FY2013-FY2025
Page | 7
Council staff prepared the below chart and corresponding data table to provide a summary of the Council
approved budgets, total staffing, and annual changes since Fiscal Year 2013. SLCPD is proposed to have a
total of 767 employees of which 589 are sworn officers, 20 are authorized but unfunded early hire police
officers and 152 are civilian staff. This would be an increase of 11 more FTEs. The chart shows that the Police
Department budget increased every year except FY2021 when the Council moved funding for the Social
Worker program into Non-departmental and created two holding accounts also in Non-departmental using
$3.1 million from the Department’s budget. During the same time two staffing level decreases occurred; first
there was a reduction of four FTEs from 2013-2014 which were clerical civilian positions and then a
reduction of three FTEs from 2016-2017 which were vacant civilian positions the Department no longer
needed (accountant, IT supervisor and technician) because other City departments were handling these
functions. The Police Department had significant staffing increases over recent years which were:
-10 from 2017-2018: increase early hire authorized (but unfunded) police positions from 10 to 20 to help
smooth staffing volatility from retirements and turnover
-55 from 2018-2019: 27 new police officers, 13 new civilian positions and the City made permanent 15
existing police officers that were paid by a federal grant
-91 from 2019-2020: 23 new police officers, transfer of 66 Airport police officers into SLCPD and two
Airport civilian positions
-Net increase of nine FTEs in the FY2022 budget from hiring 12 more social workers, an in-house mental
health clinician and a data analyst while the Emergency Management Division with five FTEs moved to
the Fire Department
-Net increase of 30 FTEs in FY2023 which included 12 FTEs creating the Civilian Response Team, 10
FTEs creating the Violent Crimes Unit, one Special Victims Unit detective and several civilian positions
Note: FY2024 is adopted and FY2025 is proposed budget figures, the rest are actuals
0
100
200
300
400
500
600
700
800
900
$-
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
SLCPD Budget and Staffing
Fiscal Years 2013-2025
$ Amount # of FTEs
Page | 7
B. Status Update on Body Worn Cameras Software Upgrades
In the FY2022 annual budget the Council approved $349,692 ongoing funding for a bundled software
package called Officer Safety Plan 7+. The FY2025 Non-departmental budget increases this funding level by
$143,280 to a new $492,972 total funding level. Some of the software upgrades were necessary to
implement elements of the body worn camera ordinance and provide further transparency, accountability,
and operational capabilities to the Police Department. The company Axon provides body worn cameras,
tasers, other hardware, and software to the Department. There is a separate $1.2 million ongoing line item in
Non-departmental for the body cameras and tasers hardware. Four software features were identified as
especially useful improvements to the Department which are listed below. A fifth feature called Signal
automatically activates body worn cameras when a holster sensor is triggered by a firearm being drawn. This
feature remains on hold while the manufacturer addresses functionality issues. Other features of the
software package were a lower priority for the Department. Purchasing the software package is less
expensive than purchasing the five higher priority software programs individually.
Performance – provides monitoring and reporting about usage of body cameras at the individual, squad and
department levels which would allow analysis to determine compliance with some ordinance requirements.
Also includes a randomizer tool for selection of videos to be audited.
Respond+ – provides live streaming of body worn camera video feeds to enhance operational capabilities
during an incident. Also shows a map of all cameras currently recording and last known locations once a
camera is turned off which can be valuable information during an incident.
Transcription and Redaction – provides a transcription service for body worn camera and other videos (such
as interviews). The transcription can be used to prioritize which videos should be reviewed such as
identifying key words or phrases to trigger a review.
Citizen for the Community – provides a public-facing portal for residents to submit potential evidence to the
Police Department which can be especially helpful for large-scale incidents and when someone wants to
anonymously share information.
ATTACHMENTS
1. Summary Comparison Budget Chart
2. Department Performance Measures
3. Annual Report on Sexual Assault Evidence (Code R) Kit DNA Testing
4. Police Commander Job Description
5. Police Community Responder Program Metrics
ACRONYMS
$ Amount Year Over Year
% Change # of FTEs Year Over Year
% Change
2013 54,807,841$ -537 -
2014 55,225,240$ 1%533 -1%
2015 58,677,194$ 6%533 0%
2016 60,744,716$ 4%558 5%
2017 64,174,695$ 6%555 -1%
2018 67,255,827$ 5%565 2%
2019 74,428,837$ 11%620 10%
2020 82,377,074$ 11%711 15%
2021 79,097,332$ -4%711 0%
2022 83,370,502$ 5%720 1%
2023 103,019,294$ 24%750 4%
2024 110,976,812$ 8%761 1%
2025 120,001,456$ 8%767 1%
Fiscal Year
Budget Total Staffing
Page | 9
CCAC – Citizens Compensation Advisory Committee
CCC – Community Connections Center
CIT – Crisis Intervention Training
DNA – Deoxyribonucleic Acid
FTE – Full-time Employee
FY – Fiscal Year
GRAMA – Government Records Access and Management Act
IACP – International Association of Chiefs of Police
IMS – Information Management Services Department
LCSW – Licensed Clinical Social Worker
NASRO – National Association of School Resource Officers
POST – Peace Officer Standards and Training
PSB – Public Safety Building
SLCPD – Salt Lake City Police Department
SRO – School Resource Officer
TBD – To Be Determined
YTD – Year to Date
ATTACHMENT 1
SUMMARY COMPARISON BUDGET CHART FROM PAGE 217 OF THE BUDGET BOOK
SUMMARY COMPARISON BUDGET CHART FROM DATA THE DEPARTMENT PROVIDED
FY 2024-25
Proposed Dollars %
Office of the
Chief 31 7,256,564$ 10,875,693$ 11,194,112$ 15,679,933$ 4,485,821$ 40%
Administration
Bureau 129 11,895,264$ 14,703,065$ 13,178,673$ 247,475$ (12,931,198)$ -98%
Police Field
Operations 1 222 23,923,826$ 27,752,072$ 32,671,149$ -$ (32,671,149)$ -100%
Police Field
Operations 2 214 18,022,189$ 22,191,370$ 26,340,670$ -$ (26,340,670)$ -100%
Investigations
Division 0 20,983,133$ 27,497,094$ 27,592,208$ 13,348,455$ (14,243,753)$ -52%
Investigative
Bureau 171 -$ -$ -$ 2,852,254$ 2,852,254$ -
Police
Community
Outreach
0 -$ -$ -$ 118,557$ 118,557$ -
Police Airport 0 -$ -$ -$ 15,264,431$ 15,264,431$ -
Pioneer Patrol 0 -$ -$ -$ 13,784,704$ 13,784,704$ -
Liberty Patrol 0 -$ -$ -$ 10,964,251$ 10,964,251$ -
Central Patrol 0 -$ -$ -$ 12,633,613$ 12,633,613$ -
Police Special
Operations 0 -$ -$ -$ 13,594,591$ 13,594,591$ -
Police Support
Services 0 -$ -$ -$ 11,896,448$ 11,896,448$ -
Police Training 0 -$ -$ -$ 9,616,744$ 9,616,744$ -
TOTALS 767 82,080,976$ 103,019,294$ 110,976,812$ 120,001,456$ 9,024,644$ 8%
Proposed Budget Comparison by Division
Division FTEs FY 2021-22
Actuals
FY 2022-23
Actuals
FY 2023-24
Adopted
Difference
Page | 11
The department stated that the bureau structure has not changed and the staffing document and departmental
organizational chart in the budget book are correct. The bureau structure on Page 217 of the budget book and
shown on the prior page of this staff report is pulling in from the budget cost centers in workday which are inside
of bureaus.
*Note that capital expenditures are budgeted at zero for FY2024 & FY2025 because the costs were shifted to the
Information Management Services (IMS) budget to centralize related costs across departments.
ATTACHMENT 2
DEPARTMENT PERFORMANCE MEASURES
FY 2024-25
Proposed Dollars %
Office of the
Chief 31 7,256,564$ 10,875,693$ 11,194,112$ 15,798,490$ 4,604,378$ 41%
Administration
Bureau 129 11,895,264$ 14,703,065$ 13,178,673$ 21,760,667$ 8,581,994$ 65%
Police Field
Operations 1 222 23,923,826$ 27,752,072$ 32,671,149$ 29,049,135$ (3,622,014)$ -11%
Police Field
Operations 2 214 18,022,189$ 22,191,370$ 26,340,670$ 23,597,864$ (2,742,806)$ -10%
Investigations
Division 171 20,983,133$ 27,497,094$ 27,592,208$ 29,795,300$ 2,203,092$ 8%
TOTALS 767 82,080,976$ 103,019,294$ 110,976,812$ 120,001,456$ 9,024,644$ 8%
Proposed Budget Comparison by Division
Division FTEs FY 2021-22
Actuals
FY 2022-23
Actuals
FY 2023-24
Adopted
Difference
FY 2020-21 FY 2024-25
Proposed Dollars %
Personal Services 75,614,674$ 75,906,162$ 95,727,166$ 103,346,800$ 110,644,432$ 7,297,632$ 7%
Operations and
Maintenance 859,888$ 1,619,966$ 2,059,922$ 3,040,484$ 4,473,979$ 1,433,495$ 47%
Charges and Services 4,009,523$ 4,442,283$ 4,859,261$ 4,589,528$ 4,883,045$ 293,517$ 6%
Capital
Expenditures*20,402$ 112,564$ 372,945$ -$ -$ -$ -
TOTALS 80,504,487$ 82,080,975$103,019,294$ 110,976,812$ 120,001,456$ 9,024,644$ 8%
Operating Budget Comparison
Department
Budget
FY 2021-22
Actuals
FY 2022-23
Actuals
FY 2023-24
Adopted
Difference
Page | 12
Page | 12
Page | 14
Investigative Bureau Performance Measures Continued…
ATTACHMENT 3
ANNUAL REPORT ON SEXUAL ASSAULT EVIDENCE (CODE R) KIT DNA TESTING
Page | 16
A report on processing of sexual assault evidence kits (a.k.a Code R Kits) during the previous calendar year is
required to accompany the Mayor’s recommended budget per Salt Lake City Code, Chapter 2.10 Article V DNA
Testing. Below is a table comparing figures since 2014 (first year data was required to be reported). Sometimes
kits are not sent to a qualified lab because the incident occurred in an outside jurisdiction or are deemed restricted
after the victim requested it not be tested at this time. The total increase of sexual offenses reported from 2014 to
2021 represents a 45% increase however the increase was greater in some years like 2017-2019. This may
represent an increased willingness of sexual assault survivors to report crimes to police as the stigma around
sexual offenses lessens in society and resources increase to support survivors.
Comparison of Annual Reports on Code R Kit DNA Testing by Calendar Year
Metrics 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Sexual Offenses Reported 509 589 695 785 841 841 698 736 805 644
Code R Kits Received by
SLCPD 137 179 197 234 210 225 192 202 211 210
Code R Kits Sent to a
Qualified Lab 87 179 197 223 197 193 184 193 201 197
Code R Kits Eligible and
Uploaded to CODIS*N/A N/A 1 2 0 13 33 52 39 57
Cases Submitted to District
Attorney for Screening 107 155 170 211 270 261 201 213 213 242
Cases When Victim
Declined to Proceed 86 111 119 112 134 149 137 115 155 139
*Note: CODIS is the Combined DNA Index System used by law enforcement and managed by the FBI
Job Title: Police Commander
Job Code Number: XXXX
Pay Level: E36
FLSA: Exempt
Bargaining Unit: Appointed (000)
Job Profile Summary Under the general direction of a Deputy Chief of Police, plans, organizes, directs, evaluates and
supervises personnel and their activities within a major division of the Salt Lake City Police Department. Interacts with other City
departments, outside law enforcement and related agencies as required. Manages and directs efficiency and effectiveness of
assigned division’s operations. Exercises administrative and operational level decision making for; goals, standards, budgeting,
personnel and policy adherence.
Job Description
ESSENTIAL DUTIES:
• Review investigations of officer and/or staff misconduct within the office, division or area
assigned and determines appropriate disciplinary action.
• Ensure discipline and grievances are handled in coordination with Human Resources and
in accordance with applicable rules, regulations, policies, and appropriate memorandum
of understanding.
• Evaluate personnel on a regular basis and recommend appropriate action to be taken if
necessary.
• Manage and participate in the development and implementation of goals, objectives,
policies, and priorities for assigned programs; recommend and administer policies and
procedures; and provides highly complex management assistance to Deputy Chief and
Police Chief.
• Innovative when faced with new challenges.
• Responsible for mentoring and developing staff.
• Attends Community events as requested.
• Directs and coordinates the day-to-day operational activities of assigned division through
subordinate supervisors; establishes priorities and makes operational decisions according
to standard operating procedures.
• Develops and implements divisional goals, policies, and procedures consistent with the
department’s overall goals and objectives. Participates in the development and
implementation of the department’s policies and practices, risk management, and its long-
term strategic plan. Disseminates all information and orders and presents concerns or
issues to Deputy Chief and/or Chief of Police.
• Facilitates the coordination of department activities with other City departments, government
agencies, business organizations, and community groups, and the flow of information within
the organization. Provides timely updates of essential information to the designated Bureau
Commander and directs information to appropriate Department personnel.
• Approves all expenditures of division budget, ensuring that expenditures do not exceed
appropriations.
• Develops and implements tactical and operational plans for emergencies and special events.
• Coordinates Department and community resources to problem solve and enhance
community policing. Responds to service-level issues determined by requests for service,
crime analysis and officer observations.
• Acts as Deputy Police Chief when requested.
• Performs other related duties as required.
MINIMUM QUALIFICATIONS:
• Ten (10) years paid full-time employment as a law enforcement officer in a police or sheriff's
department , two (2) of which must be as a Police Lieutenant, Police Captain, or equivalent from
outside agency.
• Current Utah Peace Officer Standards and Training (POST) certification as a Law Enforcement
Officer.
DESIRED QUALIFICATIONS:
• Graduation from an accredited college or university with a bachelor’s degree in Political
Science, Criminal Justice, Public Administration, Business Administration, or a related field.
• Thorough knowledge of law enforcement; principles, methods, and techniques of effective
supervision; budgetary practices and purchasing methods and procedures; legal environment
associated with law enforcement; local, state and federal laws and regulations; criminal codes and
departmental policy and standard operating procedures. Interpersonal communication skills; English,
grammar and technical writing skills.
Ability to apply modern law enforcement principles, procedures, techniques, and equipment in various
law enforcement situations; demonstrate problem solving capability; communicate effectively, verbally
and in writing; develop effective working relationships with the public, administrators, and fellow
employees.
WORKING CONDITIONS:
• Exposure to hostile, life-threatening situations. May be required to use physical force in
course of assigned duties.
• Considerable exposure to stressful situations as a result of human behavior.
• Required to work irregular hours in addition to regularly scheduled shift on an as-needed
basis.
The above statements are intended to describe the general nature and level of work being performed by
persons assigned to this job. They are not intended to be an exhaustive list of all duties, responsibilities
and skills required of personnel so classified.
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PO
L
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P
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w
n
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h
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f
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f
P
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c
e
1.
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l
l
s
f
o
r
Se
r
v
i
c
e
:
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e
r
t
i
m
e
St
a
f
f
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l
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n
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P
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M
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F
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4
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e
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h
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f
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l
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e
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t
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l
l
s
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r
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e
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v
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e
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t
i
m
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d
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di
r
e
c
t
e
d
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c
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l
l
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r
p
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l
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p
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h
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r
1
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i
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•
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m
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n
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p
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t
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n
ce
d
en
f
o
r
c
e
m
e
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t
m
i
s
s
i
o
n
s
.
2.
Op
e
r
a
t
i
o
n
a
l
In
f
l
a
t
i
o
n
a
r
y
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c
r
e
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s
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e
m
Va
l
u
e
(
$
)
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n
d
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g
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y
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e
De
p
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t
Sc
o
r
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g
In
f
l
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t
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o
n
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r
y
C
o
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t
s
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,
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4
5
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g
o
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n
g
12
To
t
a
l
$1
9
9
,
1
4
5
8
PO
L
I
C
E
D
E
P
A
R
T
M
E
N
T
F
Y
2
4
-25
B
U
D
G
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T
P
R
O
P
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S
A
L
Pr
e
s
e
n
t
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d
b
y
M
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k
e
B
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o
w
n
,
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h
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e
f
o
f
P
o
l
i
c
e
•
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s
t
t
o
m
a
i
n
t
a
i
n
o
u
r
c
u
r
r
e
n
t
l
e
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o
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s
e
r
v
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c
e
.
•
In
c
l
u
d
e
s
c
o
n
t
r
a
c
t
s
,
s
u
p
p
l
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e
s
,
m
a
i
n
t
e
n
a
n
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e
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n
d
o
p
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r
a
t
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o
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s
e
q
u
i
p
m
e
n
t
,
s
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c
h
a
s
a
m
m
u
n
i
t
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o
n
,
m
a
r
k
e
t
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n
g
m
a
t
e
r
i
a
l
,
a
n
d
p
r
o
p
e
r
t
y
c
o
l
l
ec
t
io
n
.
2.
F
l
e
e
t
I
n
f
l
a
t
i
o
n
a
r
y
In
c
r
e
a
s
e
It
e
m
Va
l
u
e
(
$
)
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n
d
i
n
g
T
y
p
e
D
e
p
a
r
t
m
e
n
t
S
c
o
r
i
n
g
Fl
e
e
t
R
e
l
a
t
e
d
In
f
l
a
t
i
o
n
a
r
y
C
o
s
t
s
$2
3
2
,
3
9
9
On
g
o
i
n
g
11
To
t
a
l
$2
3
2
,
3
9
9
9
PO
L
I
C
E
D
E
P
A
R
T
M
E
N
T
F
Y
2
4
-25
B
U
D
G
E
T
P
R
O
P
O
S
A
L
Pr
e
s
e
n
t
e
d
b
y
M
i
k
e
B
r
o
w
n
,
C
h
i
e
f
o
f
P
o
l
i
c
e
•
Co
s
t
t
o
m
a
i
n
t
a
i
n
o
u
r
c
u
r
r
e
n
t
l
e
v
e
l
o
f
s
e
r
v
i
c
e
.
•
In
c
l
u
d
e
s
i
n
c
r
e
a
s
e
i
n
f
l
e
e
t
f
u
e
l
c
o
s
t
.
3.
Ev
i
d
e
n
c
e
Dr
y
i
n
g
Lo
c
k
e
r
Re
p
l
a
c
e
m
e
n
t
It
e
m
s
Va
l
u
e
(
$
)
Fu
n
d
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n
g
T
y
p
e
D
e
p
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r
t
m
e
n
t
S
c
o
r
i
n
g
Ev
i
d
e
n
c
e
D
r
y
i
n
g
L
o
c
k
e
r
Re
p
l
a
c
e
m
e
n
t
$6
0
,
0
0
0
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e
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i
m
e
11
To
t
a
l
$6
0
,
0
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0
10
PO
L
I
C
E
D
E
P
A
R
T
M
E
N
T
F
Y
2
4
-25
B
U
D
G
E
T
P
R
O
P
O
S
A
L
Pr
e
s
e
n
t
e
d
b
y
M
i
k
e
B
r
o
w
n
,
C
h
i
e
f
o
f
P
o
l
i
c
e
•
Th
e
D
e
p
a
r
t
m
e
n
t
s
e
e
k
s
t
o
r
e
p
l
a
c
e
t
w
o
(
2
)
o
f
i
t
s
d
r
y
i
n
g
l
o
c
k
e
r
s
.
B
o
t
h
l
o
c
k
e
r
s
a
r
e
2
0
+
y
e
a
r
s
o
l
d
a
n
d
h
a
v
e
b
e
c
o
m
e
i
n
e
f
f
e
c
t
i
v
e
.
•
Th
e
s
e
d
r
y
i
n
g
l
o
c
k
e
r
s
a
r
e
f
o
r
s
e
c
u
r
e
s
t
o
r
a
g
e
o
f
p
r
o
p
e
r
t
y
/
e
v
i
d
e
n
c
e
t
h
a
t
i
s
c
o
n
s
i
d
e
r
e
d
“
w
e
t
”
(
b
e
c
a
u
s
e
o
f
m
o
i
s
t
u
r
e
o
r
b
o
d
i
l
y
f
l
u
i
ds
)
.
•
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i
l
u
r
e
t
o
r
e
p
l
a
c
e
t
h
e
s
e
w
i
l
l
r
e
s
u
l
t
i
n
a
b
a
c
k
l
o
g
o
f
w
e
t
p
r
o
p
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r
t
y
s
t
o
r
a
g
e
,
w
i
l
l
u
n
n
e
c
e
s
s
a
r
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l
y
c
a
u
s
e
a
n
o
v
e
r
f
l
o
w
i
n
s
t
o
r
a
g
e
a
n
d
m
ay
j
e
o
p
a
r
d
i
z
e
ev
i
d
e
n
c
e
.
4.
Co
n
t
r
a
c
t
,
Ev
e
n
t
,
Ta
s
k
Fo
r
c
e
Ov
e
r
t
i
m
e
It
e
m
Va
l
u
e
(
$
)
Fu
n
d
i
n
g
T
y
p
e
De
p
a
r
t
m
e
n
t
Sc
o
r
i
n
g
Co
n
t
r
a
c
t
u
a
l
,
E
v
e
n
t
,
T
a
s
k
F
o
r
c
e
Ov
e
r
t
i
m
e
$1
,
4
3
4
,
2
9
5
On
g
o
i
n
g
(B
u
d
g
e
t
n
e
u
t
r
a
l
)
9
To
t
a
l
$1
,
4
3
4
,
2
9
5
11
PO
L
I
C
E
D
E
P
A
R
T
M
E
N
T
F
Y
2
4
-25
B
U
D
G
E
T
P
R
O
P
O
S
A
L
Pr
e
s
e
n
t
e
d
b
y
M
i
k
e
B
r
o
w
n
,
C
h
i
e
f
o
f
P
o
l
i
c
e
•
Th
e
D
e
p
a
r
t
m
e
n
t
s
t
a
f
f
s
p
e
r
m
i
t
t
e
d
s
p
e
c
i
a
l
e
v
e
n
t
s
s
u
c
h
a
s
p
a
r
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d
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s
a
n
d
m
a
r
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t
h
o
n
s
a
s
w
e
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a
s
c
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n
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r
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c
t
u
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CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
COUNCIL.SLCGOV.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL BUDGET
STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Sylvia Richards
Budget & Policy Analyst
DATE:May 30, 2024
RE: Fleet Fund Fiscal Year 2025 Budget
BUDGET BOOK PAGES: 44, 49, 61, 72-73, 76 227-231, 229-231, 255-256, 267
ISSUE AT-A-GLANCE
Fleet Services is an Internal Service Fund within Public Services, consisting of 46 FTEs supporting departments
city-wide with vehicle and equipment procurement, maintenance, repair, replacement, fueling and inspection
services for over 1,600 vehicles. The Airport vehicle fleet and funding are managed separately. Fleet employees
maintain more than 2,500 pieces of light equipment. As an internal service fund, the Fleet Fund operates with
money that is paid out of other funds (including the General Fund).
The FY2025 proposed budget for the Fleet Fund is $27.9 million which is a decrease of $4.5 million or (16.3%)
as compared to last year. The decrease in budget is due to Fleet’s proposal to use their Fund Balance as discussed
below. For the upcoming year, the Department has identified the following expenses in addition to the base
budget included in the Mayor’s Recommended Budget:
$1.2 Million For Replacement of Vehicles
$1.277 Million in Inflationary and Contractual Increases
This amount includes personnel, contractual, and inflationary increases and does not add new levels of
maintenance or service above the previous budget year. This is the amount needed to maintain 2023-2024
service levels, including:
$725,548 is due to a parts inflation increase of 15%
$364,347 is due to a sublet inflation increase of 19%
$187,404 is due to all other contractual/inflationary increases.
Rather than asking for additional funding from the General Fund and increasing the need for one-time money
out of the General Fund Balance, Fleet will be coordinating with the Finance Department to access funds
previously appropriated and currently available in Fleet’s Fund Balance, which has historically remained at a
healthy level. The cash available is projected to be $2.47 million at the end of the current fiscal year.
The Council may wish to note that any emergencies Fleet may encounter in the
upcoming fiscal year may need to be covered by the General Fund Balance, as Fleet is
using their entire fund balance for replacement of vehicles and inflationary and
contractual increases.
PROJECT TIMELINE:
Briefing: May 21, 2024
Budget Hearings: May 21 and June 4,
2024
Potential Action: June 11 or 13, 2024
Page | 2
The Council may also wish to note that during the next fiscal year, other sources of
funding will need to be identified to replace the one-time use of Fleet fund balance.
Below is a breakdown of vehicles to be replaced in FY25.
Fleet’s Ten-Year Replacement Projections
As mentioned previously and noted in the chart below, the Mayor’s Recommended Budget proposes no
allocation of FOF (Fuding Our Future) monies for FY25. However, the Fleet Fund will still receive $5 million
from Non-Departmental.
The Division’s ability to advance the City’s sustainability goals is generally dependent upon available funding
levels for vehicle replacements, technology available in the market for purchase and the rollout of electric
charging infrastructure. The updated Ten-Year fleet replacement chart is presented below.
Fleet’s ten-year projection of Funding Our Future needs.
Page | 3
Since 2002, Fleet has received an annual appropriation of $5 million for vehicle replacements (with the
exception of FY 2023-24,which was increased to $5.7 million). This appropriation has never been adjusted for
inflation, resulting in diminished buying power as vehicle costs have increased. Adjusting for inflation, this
appropriation would be approximately $8.5 million in 2024. A sampling of current purchase prices compared to
2002 purchases also demonstrates that vehicle costs have increased by more than 50%. Diminished purchasing
capacity has created a backlog of vehicles that are eligible for replacement. Fleet staff estimate that more than
26%, or $49.3 million of the vehicles in the City’s fleet are well past the life cycle anticipated at time of purchase.
2002 Costs vs. Current Costs
Class 2002 Cost Current Cost
Utility Trucks $ 23,712 $ 60,305
Sport Utility Vehicles $ 20,521 $ 35,944
Off Road & Construction
Wheeled Loaders
$ 102,917 $ 259,015
Electric vehicle purchases have a higher upfront cost. Fleet is confident that increased demand will eventually
translate into competitive pricing as more manufacturers enter the EV market. Likewise, Fleet remains
committed to the Mayor’s and Council’s electrification goals. However, the Fleet budget needs rightsizing to
attain those goals according to schedule, as EVs currently cost approximately 40% more than their non-EV
counterparts.
Current EV vs. Non-EV
Class Current Non-EV Cost Current EV Cost
Pickups $ 41,240 $ 56,354
Compact Sedan Automobiles $ 23,810 $ 30,881
Cargo Utility Vans $ 38,013 $ 58,600
The Council may wish to ask how many clean diesel vehicles were added to the Fleet
during 2023-2024.
Salt Lake City’s General Fund Fleet by the Numbers
The below chart includes all current assets that Fleet is responsible for maintaining and replacing, including
vehicles, major equipment, and smaller pieces such as lawn mowers, small generators, etc. The chart identifies
which general department the asset belongs to and their current replacement value.
Department # of Assets Estimated Replacement
Value
Police 693 $35,885,464
Public Services 478 $67,982,530
Parks and Public Lands 416 $24,803,259
Fire 147 $51,045,306
Community & Neighborhoods 73 $3,411,658
911 Department 2 $58,160
Total 1809 $183,186,380
Page | 4
The Council may wish to ask how many General Fund vehicles are beyond industry
recommended useful life but are continuing to be used because current funding levels do
not allow replacement vehicles to be purchased, and the replacement cost.
Vehicle Lease Payments
The chart below details the lease payout schedule. Due to the current volatile market, in particular current high
interest rates, any maintenance savings from leasing a vehicle are lost due to high leasing costs. As such, Fleet is
seeking to pay off the greater portion of the lease vehicles, to allow for more replacement funds to go towards
addressing the backlog. This chart shows the principal in those leases decreasing over the next 5 years.
CIP Request for Fleet Shop Lifts
The CIP application for (heavy) vehicle lifts was denied because heavy lifts are considered ‘durable’ operations
equipment. Fleet is going to stagger the purchase of the lifts and cover the costs of replacements with any
savings found in their operational budget over the next 3 fiscal years. While purchasing all needed lifts at once
would have been ideal, this method will still enable them to keep pace with the anticipated number of newer and
heavier vehicles that will require upgraded lifts. If savings are not found, they plan to include this request as a
future budget insight.
Revenue from Vehicle Sale Auctions
As of May 22nd, the total revenue from the sale of vehicles at auctions is $331,075, which is close to what was
proposed for last fiscal year, $335,465. Fleet Administration indicates that the decrease in revenue from
auctions is mainly due to the car market stabilization after Covid. Another factor is that there were less viable
vehicles to send to auction due to breakdown or accident.
ACRONYMS
CNG – Compressed Natural Gas
EIA – Energy Information Administration
FOF – Funding Our Future
FTE – Full Time Employee
FY – Fiscal Year
Attachment: Department of Public Services Performance Measures
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CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
COUNCIL.SLCGOV.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL BUDGET
STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
tinyurl.com/SLCFY25
TO:City Council Members
FROM: Jennifer Bruno, Ben Luedtke, Lehua Weaver
Allison Rowland, Sam Owen, and Sylvia Richards
DATE: 5/28/2024
RE:UNRESOLVED BUDGET ISSUES – Follow-up on Council Questions
ISSUE AT-A-GLANCE
Staff has kept a list of items that one or more Council Members have raised as potential changes to the Mayor’s
Recommended Budget, or items that might need further Council discussion. It should be noted that this is a
staff-generated draft, reflecting Council questions and discussions as of the date of its printing. It may be
updated prior to the work session discussion, and Council Members may have changes or corrections to
individual items, and Council Members may add items.
If a budget impact is apparent (revenue, FTE and/or expense changes), that amount has been listed, or noted as
“to be determined.” Depending on Council feedback, adjustments can be made to the overall key changes
document, so that the Council can track the net effect of these decisions on the overall budget.
Changes to the budget may cause it to be out of balance (increase or decrease expenses and revenues). As these
changes occur, the Council would need to identify offsetting revenue enhancements or expense reductions to
bring the budget back in balance. Staff can research and provide other revenue generation or expense cutting
options if the Council is interested. Once initial Council interest in various items can be determined, staff will
have a live tracking of additions to or subtractions from the Mayor’s recommended budget, to ensure the final
budget adopted by the Council on June 11 or 13 is balanced.
(Note: this list is not comprehensive – please let staff know if there are other items to add)
Follow-up Items
1.Items to consider adding to the budget. Some Council Members have expressed interest in
adding/adjusting the following items to the budget (staff is working with the Administration on cost
estimates):
a. Police – A placeholder for the general fund matching portion for an anticipated public safety
team along the Jordan River. The City is in the process of applying for this grant and some
Council Members have expressed an interest in adding a placeholder for the City’s match so that
once a grant is (hopefully) received it can be implemented expeditiously.
b. Public Lands
Project Timeline:
Briefing: May 30, 2024
Budget Hearing: June 4, 2024
Potential Action: June 11 or 13
2
i. Increase funding for general park maintenance like mowing, etc (see related legislative
intent, page 4 item 1). Issues raised have been medians and general parks maintenance.
ii. Review new proposed FTEs (see item #2)
c. Non-Departmental:
i. Water Contamination – short term – funding for temporary dumping facilities or
restrooms to alleviate waste from entering the water stream.
ii. Water Contamination – Long term – Funding for a study on what is needed to improve
water quality in the Jordan River, including whether RV dumping stations or restrooms
are needed. Coordination with public Utilities, Public Lands, Public Services.
iii. TBD – Add funding to the CIP budget to fund the Livable Streets Initiative (no funding
was recommended by the CDCIP board or Mayor for FY 25). As a point of reference
each installation is approximately $500,000, and the funding request for FY 25 was $3
million. The Council may wish to discuss with the Administration what amount might
be ideal to fund on an annual basis, considering the need and interest is so great across
the City.
d. Compensation
i. Union negotiations are ongoing and may result in additional discussions with regard to
overall budget.
ii. Some Council Members requested the dollar figure if employee compensation were
increased beyond the Mayor’s recommendation of 5%. For each additional percent, the
amount for the general fund would be $2,792,206.
e. Fleet Fund (transfer from other Funds)
i. The Fleet Fund budget proposes maintain minimal fleet purchases, and using existing
Fleet Fund – fund balance. Would the Council consider identifying other funding to
maintain a healthy rate of vehicle replacement and prioritizing eco-friendly vehicles?
2.Evaluate All New Positions – some Council Members expressed an interest in considering all
proposed new FTEs in more detail, potentially straw polling each. The spreadsheet below lists each new
proposed position by Department, along with the FY 25 budget and annual cost.
a. Note: Some positions are funded for less than a full year to reflect the time it takes to actually
hire an employee. One Council Member asked for additional clarification on the difference
between the amount included in the budget for all new positions this year and the amount that
will be needed to fully fund the position next year. Accounting for the revenue offset from the
Airport for new police officers working there, the total amount budgeted for FY 25 is $2.1
million, and the total annualized cost is $2.5 million (a difference of $307,746, which
would be the structural deficit for FY 26 relating to FTEs). $116,364 of this could be
covered in Funding our Future).
b. The Council may wish to conduct straw polls for any of these positions and the budget could be
adjusted accordingly. Note that the Council already straw polled unanimous approval of the
Downtown Special projects coordinator in the Mayor’s office.
3
Vacant FTEs - Some Council Members have asked about reconsidering or repurposing
existing vacant FTEs, especially those that have been added in recent years. Staff has included
a report of vacant positions in the attachment (as of 5/7/24).
It should be noted that some positions may have since been filled, or there may be additional
context not readily apparent based on job title. As such, staff has drafted a legislative intent
asking for the Administration to focus on vacancies as it conducts the zero based budget
exercise. See page 4 item 1 for draft language.
3.Existing Programs – the Council may wish to discuss whether to reduce or eliminate any existing
programs offered by the City.
4.Follow-up questions – Staff has been providing Council Members with follow up information
relating to questions raised at department briefings. Some of those are included in the above items and
others are more informational in nature. Please let staff know about any questions that arise.
5.Funding options - Staff has identified the following potential funding sources for Council
discussion/consideration, potentially to address some of the above ideas:
a. Potential additional revenue (pending information from Tax Commission and follow up from
the Administration – due by June 8 per state law)
i. Actual New Growth
ii. Actual Judgement Levy
b. Fund balances available – Previously the City had a policy of maintaining a minimum of 10%
fund balance. In FY 19 the Council established a policy goal of 13%, although that goal is not
legally binding. Staff has provided both figures. Also note this is one-time in nature and to the
extent it funds ongoing ideas, this would increase the structural deficit for FY 26:
FY 2025 Proposed NEW FTEs
Department FTEs
FY 2025
proposed
budget months Annual Cost Difference Funding our future
Attorney
Boards and Commissions Analyst (Grade 26)1 89,640$ 10 107,568$ 17,928$
City Prosecutor's Office - Assistant Prosecutor 1 60,623$ 10 72,748$ 12,125$
Communications and Engagement Manager (Grade E34)1 139,715$ 10 167,658$ 27,943$
Building Inspector (Grade E27)1 104,580$ 10 125,496$ 20,916$
Economic Development
Sister Cities Part Time position 0.5 47,000$ 10 56,400$ 9,400$
Finance
Business Systems Analyst 2 126,437$ 10 151,724$ 25,287$
Grant Analyst (PT to FT)0.5 55,285$ 10 66,342$ 11,057$
Fire
Medical Response Paramedics for (CHAT) Community Health Access Team Enhancements - (FOF Funding)2 163,727$ 10 196,472$ 32,745$ $ 32,745
Justice Court
Community Outreach Case Manager (Grade 19)1 88,363$ 10 106,036$ 17,673$ $ 17,673
Mayor
Senior Advisor for Downtown Projects 1 216,420$ 10 259,704$ 43,284$
Police
Airport Staffing and Equipment (Revenue Offset)6 2,328,683$ 10 2,794,420$ 465,737$
Public Lands
Glendale Park Maintenance Tech III (Grade 119 Union)1 76,700$ 10 92,040$ 15,340$ $ 15,340
Public Lands Project Coordinator (Grade 26)1 Seasonal FOF 10 Seasonal FOF
Senior Public Lands Planner (Grade 31)1 125,979$ 10 151,175$
Senior Lanscape Architect (Grade 34)1 142,636$ 10 171,163$
Public Services
Project Delivery Support for Parks Projects 2 249,694$ 10 299,633$
Rapid Intervention Team 3 253,028$ 10 303,634$ 50,606$ $ 50,606
Seasonal to FTE Signa nd Markings technicians 2 Seasonal 10
Engineer IV (Grade 31)1 117,210$ 10 140,652$ 23,442$
Subtotal 29.00 4,385,720$ 5,262,864$773,482$ 116,364$
Revenue Offset 2,328,683$ 2,794,420$ 465,737$
Total General Fund Staffing $2,057,037$ 2,468,444$307,746$ 116,364$
Community and Neighborhoods
4
Amount above 13%Amount above 10%
General Fund Only $ 1,881,111 $ 26,580,876
Funding our Future Only $9,923,710 $ 11,660,452
Total
(15.6% of Total General Fund
revenue)
$ 12,323,524 $ 26,580,876
c. Update line item label for retirement payouts to also be eligible for parental leave or other
initiatives. (currently that line item is not fully spent each year and Departments have largely
absorbed retirement costs. This is risk if the City experiences faster-than-expected retirements).
d. Consider re-appropriating funds that would otherwise drop to fund balance within a
department (funds that are not likely to be spent for FY 24)
e. Increase property tax for the general fund (Note: the proposed FY 25 budget does not include a
general fund tax increase. Because it includes a judgement levy, a truth in taxation hearing is
required. A truth in taxation hearing is also required for the requested FY 25 library property
tax increase).
f. Adopt a more aggressive forecast for Sales Tax revenue (not necessarily recommended due to
the volatility of this line item).
g. Adopt additional fee increases.
h. Evaluate compensation levels for non-represented employees (reduce mayor’s
recommendation). Each 1% is approximately $2.9 million in the general fund.
i. The finance department has a current vacant position, $84,798 for partial year funding of an
FTE that is contingent upon receiving grant funds from the Miller foundation for development
in the ballpark. It was created two years ago but that project has not proceeded. The Council
could consider removing the position, or could ask the Administration if recent developments,
and a recent donation from LHM, will cause them to need to hire for this position.
6.Budget “clean up” items – these are items that either the Staff or Administration have flagged as
potential corrections to the budget to ensure expectations are met:
a. Non-Departmental –
i. The proposed budget mistakenly showed $200,000 in additional funding for the arts
council from Funding Our Future. The Administration is recommending this be funded
via the general fund (fund balance) instead.
ii. The FY 25 proposed budget inadvertently left out a $113,798 shift from Non-
Departmental to CAN via the Sorenson Center County contract. Staff will make this
budget correction prior to adoption.
iii. $99,840 is listed for ongoing culturally responsive therapy for negative police
interactions, however $20,000 was recommended by the Racial Equity in Policing
Commission. This would make $79,840 available for other needs/uses in this policy
area.
b. Staff is continuing to work with the Administration to address several clean up items in both the
Key Changes and staffing document.
Potential Legislative Intents –
Note: this is DRAFT language that staff has put together based on questions and input from Council Members.
The Council can make any changes to exact wording and can add/eliminate ideas from consideration by
discussing and taking straw polls in work sessions.
1. Policy Goals for Zero Based Budgeting exercise – several Council Members have inquired about
the potential to use the City’s forthcoming zero-based budgeting exercise as an opportunity to evaluate
efficiencies and staffing resources in particular policy areas such as:
Requesting that the Administration evaluate all vacancies (full time, part time, and seasonal) in
the zero-based budgeting exercises planned for FY2025, including a more detailed vacancies
analysis of the number, duration, and unused budgets from vacancies by position and by
department, over multiple fiscal years. Positions that have higher vacancy durations and/or
frequencies should be considered for reclassification, adjustment, or elimination.
5
j.Requesting the Administration evaluate how the Public Lands Department balances resources
spent on new projects with resources allocated to regular maintenance (like mowing and
weeding), and deferred maintenance projects (like restroom repair or roof replacement), to
evaluate whether additional resources are needed in all areas or if they can be shifted within the
department.
k.Request the administration specifically evaluate expenditures for alternative response models
located in various departments/divisions from a zero based budgeting approach. Alternatively,
the council could consider a stand-alone legislative intent on this topic (see #3, which has been
repeated since the FY 23 budget cycle).
2.Request compensation plan evaluation – Previously some Council Members had requested that
the Compensation plan include Deputy Directors along with Department Directors as appointed
employees. The Council may wish to consider exempting some positions like the City Comptroller, who
has a fiduciary duty to the City first. Some Council Members also expressed interest in adjusting the
Appointed Pay Plan pay range to recognize that employees in this position have less job position than
merit employees.
3. OTHER?
4.(repeat from FY 23) Evaluating efficiencies of all diversified response teams – Council
Members have expressed support for the various alternative response models in each department. The
Council would like to periodically re-evaluate across City departments to determine whether there are
redundancies and/or efficiencies to be gained. Some metrics have been provided in the Police
Department budget staff report as a starting point for brainstorming tracking and success monitoring.
Staff is including the following programs in our understanding of “diversified response models”:
i. Fire Department – Community Health Access Team (CHAT), Medical Response Team
(MRT)
ii. Police Department – Social Worker Co-Responders, Civilian Response Team
iii. CAN (in partnership with other entities in some cases) – Downtown Ambassadors
(including expanded areas), Homeless Engagement and Response Team (HEART),
Code Enforcement
iv. Public Lands – Park Rangers Program
v. Public Services – Community Cleaning Program (CCP) Rapid Intervention Team
(clarify whether this is sometimes referred to as the “Clean Team”)
vi. 911 Department – partnership with Mobile Crisis Outreach Team (MCOT)
The following are specific areas of interest that were raised in the context of the FY 23 budget
and may be relevant in evaluating these programs:
i. Clarify roles of each team and how a call for service is routed from one team to another,
and how calls from the public are routed.
ii. Track as much data as possible to determine what metrics are most important for future
reviews such as number of calls for service, diversions away from a police-only
response, response times, impact on police response times, volume of calls by time of
day and day of the week, referrals, and other outputs and outcomes.
iii. Find ways to share this data with the Council and the public in a coordinated way
iv. Inform the public and other levels of government as these programs are rolled out
Potential Conditional Appropriations
1. Trails contingency – In FY 24, the Council adopted the following contingency related to funding for
trails (see below). The Council may wish to consider an additional or similar contingency for FY 24, until
a briefing on the Administration’s transmittal is held. The update reflects that the contingency may be
met and the Council can review and discuss whether the new plan satisfies the intent of the contingency
so that funds can be released. (Staff is coordinating with Chair and Vice Chair on the schedule to
review the Administration transmittal to address the questions raised in this contingency.):
7
Foothill Trails contingency – Existing and new funds for the construction, modification and
decommissioning of trails built under the Foothills Trail System Master Plan, Phase 1, will be placed in a
holding account with release contingent on the Administration’s review, in collaboration with a broad
spectrum of community stakeholders, of:
i. the implementation to-date of the Master Plan;
ii. identification of adjustments or additional engagement as warranted; and
iii. the Council’s authorization to move forward after the Council evaluates the results of the
process.
The City Council is willing to provide funding to the Administration for one or more outside experts
who can objectively evaluate the technical and public policy aspects of the trail changes and
additions completed to date and anticipated in the Master Plan. That written evaluation should focus
on, but not be limited to:
iv. the extent to which trail planning and development have been consistent with the vision,
goals and principles in the Master Plan, including: best practices; strategies for the
preservation and stewardship of the land; and
v. respect for Tribal concerns.
vi. In addition, the written evaluation should include an analysis of how the process could
be adapted to better meet the needs and desires of all users.
Existing and new funds for environmental studies will not be on hold, so long as such funds are not
used for construction or decommissioning of trails. Existing and new funds for maintenance or
repair of existing trails are released to conduct ongoing maintenance ensuring that tread is within
standard design practices for linear grade, width, cross slope and surface drainage. This does not
include realignment.
Passive closure of trails is allowed if a trail becomes a danger to environment (excessive water
damage and erosion) or public safety (for example when a trail has washed out or excessive water
damage has occurred). Passive means fence and signage. No trenching is permitted.
2.Continued Contingency for All Funding Our Future -- Sales Tax Funds (this has been
adopted each year since the City implemented the sales tax). The Council approves Funding
Our Future sales tax revenue appropriations with the following conditions:
f. Expenditure of Funding Our Future Sales Tax Funds. Funding our Future funds may not be
expended unless the department or division expending the funds complies with:
7
i. Utah Fiscal Procedures Act
ii. The City’s Procurement Code and Rules
iii. Written verification from the City Attorney and City Finance Director that proper
legal and financial procedures have been followed.
b. Other Funding Our Future Budget Contingencies:
i. The Administration providing a written semiannual spending, implementation and
outcomes report on each of the critical need areas.
ii. Tracking funding for Fleet provided through the Funding our Future tax separately
to ensure it is spent only on public safety (police, fire, dispatch).
iii. The Administration spending funds in the critical need areas as adopted in the
attached key changes spreadsheet.
iv. The Administration bringing back to the Council any proposed adjustments to the
adopted budget in a budget amendment for re-appropriation before changes are made.
v. The Administration maintaining and regularly updating a publicly available
dashboard reflecting revenues received and actual uses.
vi. In FY21 and all future funding requests, providing a label denoting which line items
are funded with this Funding Our Future sales tax funds.
vii. For all positions added, the Administration shall submit an annual written review
along with the Mayor’s Recommended Budget to ensure that each position continues to serve
the critical need areas and, if a Council work session briefing is scheduled, provide a
presentation of the report.
Budget Glossary (not all terms are necessarily in
this report)
American Federation of State, County and
Municipal Employees - AFSCME
Budget Amendment - BA
Capital Improvement Program – CIP
Community and Neighborhoods – CAN
Community Land Trust – CLT
Economic Development Corporation of Utah -
EDCU
Funding Our Future - FoF
Frequent Transit Network – FTN
Fiscal Year – FY
Full-Time Employee – FTE
Housing and Neighborhood Development – HAND
Human Rights Commission – HRC
Homeless Resource Centers – HRCs
Housing Trust Fund - HTF
Interlocal Agreement – ILA
International Association of Chiefs of Police – IACP
Mayor’s Recommended Budget - MRB
Redevelopment Agency – RDA
Salt Lake City School District – SLCSD
Salt Lake City Fire Department - SLCFD
Request for Proposal - RFP
TBD – To Be Determined
Transit Master Plan – TMP
United Nations – UN
Utah League of Cities and Towns
Utah Transit Authority – UTA
Volunteers of America - VOA
Wasatch Community Gardens - WCG
Compensation Grade (Multiple Items)
Row Labels Sum of Mid
02110 POLICE 254,676.93$
0007609 Police Officer (Unfilled)37.27$
00308102 Police Officer (Position Fill:05/13/2024,Adrien Taylor)37.27$
0031802 Police Officer (Position Fill:05/14/2024,Blake Noble)37.27$
0040204 Records Shift Supervisor (Unfilled)32.71$
0045601 Police Officer (Unfilled)37.27$
0045701 Police Officer (Position Fill:05/13/2024,Bladen Moffat)37.27$
0048101 Police Officer (Unfilled)37.27$
0049003 Police Officer (Position Fill:05/13/2024,Eric Martinez)37.27$
0054301 Police Officer (Unfilled)37.27$
0060101 Police Officer (Unfilled)37.27$
0060601 Police Officer (Position Fill:05/13/2024,Garrett Behunin)37.27$
0061101 Police Officer (Position Fill:05/13/2024,Jason Owens)37.27$
0061203 Police Officer (Position Fill:05/13/2024,Jason Remus)37.27$
0062701 Police Officer (Position Fill:05/13/2024,John Harrison)37.27$
0063304 Police Officer (Position Fill:05/13/2024,Jonathan J. Zuenguaz Estrada)37.27$
0065001 Police Officer (Position Fill:05/13/2024,Manuel Aviles)37.27$
0066203 Police Officer (Position Fill:05/13/2024,Marcus Monson)37.27$
0069904 Accountant III (Unfilled)82,686.24$
0237703 Police Officer (Unfilled)37.27$
0240001 Police Officer (Position Fill:05/13/2024,Mark Ingersoll)37.27$
0241403 Police Officer (Position Fill:05/13/2024,Matthew Peterson)37.27$
0268902 Office Facilitator II - Police Pawn Program (Position Fill:05/12/2024,Maria Pangan)31.14$
0270001 Police Officer (Position Fill:05/13/2024,Nate Palmer)37.27$
0373001 Police Officer (Position Fill:05/13/2024,Ryan Jackson)37.27$
0380002 Police Officer (Position Fill:05/13/2024,Zac Williams)37.27$
0380801 Police Officer (Unfilled)37.27$
0384303 Police Officer (Unfilled)37.27$
0389401 Police Officer (Unfilled)37.27$
04296 Social Service Worker / Licensed Substance Use Disorder Counselor (Unfilled)29.63$
04398 Victim Advocate (Unfilled)31.14$
04521 Police Officer (Unfilled)37.27$
04529 Police Officer (Position Fill:07/09/2024,Luke Hammond)37.27$
04530 Police Officer (Unfilled)37.27$
04532 Police Officer (Unfilled)37.27$
04637 Licesed Clinical Social Worker (Unfilled)78,711.36$
04643 Social Work Manager (Position Fill:05/13/2024,Laurie Roderick)91,203.84$
04648 Social Service Worker / Licens (Unfilled)29.63$
100357 Police Officer (Unfilled)37.27$
100364 Community Response Specialist II (Unfilled)26.60$
9009001 Victim Advocate (Unfilled)31.14$
U0011 Police Officer (Unfilled)37.27$
U0012 Police Officer (Unfilled)37.27$
U0013 Police Officer (Unfilled)37.27$
U0014 Police Officer (Unfilled)37.27$
U0015 Police Officer (Unfilled)37.27$
U0016 Police Officer (Unfilled)37.27$
U0017 Police Officer (Unfilled)37.27$
U0018 Police Officer (Unfilled)37.27$
U0019 Police Officer (Unfilled)37.27$
U0020 Police Officer (Unfilled)37.27$
U0021 Police Officer (Unfilled)37.27$
U0022 Police Officer (Unfilled)37.27$
U0023 Police Officer (Unfilled)37.27$
U0024 Police Officer (Unfilled)37.27$
U0025 Police Officer (Unfilled)37.27$
U0026 Police Officer (Unfilled)37.27$
U0027 Police Officer (Unfilled)37.27$
U0028 Police Officer (Unfilled)37.27$
U0029 Police Officer (Unfilled)37.27$
U0030 Police Officer (Unfilled)37.27$
03000 PUBLIC SERVICES 297,448.20$
0072806 Engineer IV (May Underfill) (Unfilled)100,573.20$
0083101 Traffic Maintenance Operator II (Unfilled)24.34$
0083506 Traffic Maintenance Operator II (May Underfill) (Unfilled)24.34$
0085202 Asphalt Equipment Operator II (May Underfill to Level I) (Unfilled)24.34$
0087901 Senior Asphalt Equipment Operator (Unfilled)26.60$
0088004 Asphalt Equipment Operator II (Unfilled)24.34$
0094204 Asphalt Equipment Operator I (Position Fill:05/13/2024,Kyle Taintor)21.60$
0094305 Asphalt Equip Operator II (Unfilled)24.34$
01181 Maintenance Specialist II-Facilities (May be Underfilled) (Unfilled)25.06$
0127104 Fleet Mechanic (Unfilled)28.23$
0127902 Fleet Mechanic (Unfilled)28.23$
0244504 Asphalt Equip Operator II (Unfilled)24.34$
0301502 Traffic Signal Technician II (May Underfill) (Unfilled)30.20$
04136 Asphalt Equip Operator II (Unfilled)24.34$
04153 Financial Analyst III (May Underfill) (Unfilled)95,768.40$
04156 Fleet Maintenance Coordinator (Unfilled)29.14$
04381 Asphalt Equip Operator II (Unfilled)24.34$
04382 Asphalt Equip Operator II (Unfilled)24.34$
04387 GIS Technician I (Unfilled)29.63$
04706 Clean-up Equipment Operator II (May Underfill) (Unfilled)22.25$
04851 Senior Engineering Construction Program/Projects Manager (Unfilled)100,573.20$
100367 Mason Apprentice - Maintenance Specialist I (Unfilled)22.91$
100374 Office Technician II (May Underfill to Level I) (Unfilled)22.26$
100500 Fleet Mechanic (Unfilled)28.23$
04000 PUBLIC LANDS 68,522.85$
0106402 Assistant Golf Course Superintendent - Mountain Dell Golf Course (Unfilled)28.23$
0107102 Florist II (Unfilled)21.60$
0112101 Cemetery Equipment Operator (Unfilled)22.25$
0113903 Sprinkler Irrigation Technician III (Unfilled)25.81$
0114401 Parks Maintenance Technician II (May Underfill to Level I) (Unfilled)22.25$
0231903 District Supervisor (Unfilled)36.04$
0233301 Assistant Golf Professional - Mountain Dell Golf Course (Position Fill:05/12/2024,Zachary Smith)28.23$
02673 Parks Maintenance Technician II (Unfilled)22.25$
0309102 Cemetery Equipment Operator (Unfilled)22.25$
0380202 Head Golf Professional - Forest Dale Golf Course (Unfilled)68,031.60$
04493 Arborist II (May Be Underfilled to Arborist I) (Unfilled)25.06$
04691 Park Ranger (Unfilled)25.06$
04692 Park Ranger (Position Fill:05/20/2024,Jack Adams)25.06$
04696 Park Ranger (Unfilled)25.06$
04703 Park Ranger Lead (Unfilled)28.23$
04713 Service Coordination Arborist (Position Fill:05/13/2024,SARAH BISHOP)28.76$
100380 Central Control Irrigation Specialist (Unfilled)25.81$
100382 General Maintenance Worker III (Unfilled)27.42$
100386 Special Projects Assistant (Unfilled)29.63$
710191H Parks Maintenance Technician II (Unfilled)22.25$
05000 JUSTICE COURTS 37.84$
0308202 Justice Court Supervisor (Unfilled)37.84$
06000 COMMUNITY & NEIGHBORHOODS 965,553.27$
0094901 Project Manager Housing (Unfilled)82,686.24$
0096503 Policy Director (Unfilled)105,574.56$
0099902 Community Development Grant Specialist (Unfilled)78,711.36$
0136801 Real Property Agent (Unfilled)82,686.24$
0225102 Housing Rehab Specialist II Un (Unfilled)33.30$
0261204 Building Inspector III (Unfilled)36.71$
0266204 Code Enforcement Officer III (May be under filled) (Unfilled)31.71$
0278303 Building Inspector III (Unfilled)36.71$
0380103 Principal Planner (Position Fill:06/03/2024,Alicia Seeley)82,686.24$
0423501 Plans Examiner III (May be under filled) (Unfilled)36.71$
04658 Associate Planner (Position Fill:05/13/2024,Jason Berntson)71,394.96$
04740 Civil Enforcement Officer II (Unfilled)28.29$
100288 Project Assistant (Unfilled)-$
100347 Sr. Community Program Manager (Unfilled)78,711.36$
100348 Sr. Community Program Manager (Unfilled)78,711.36$
100349 Community Program Manager (Unfilled)71,394.96$
100350 Community Program Manager (Unfilled)71,394.96$
100495 Housing Stability VISTA Member (Unfilled)-$
90120 Community Development Grant Su (Unfilled)82,686.24$
90122 Community Development Grant Sp (Unfilled)78,711.36$
08000 MAYOR 78,711.36$
910040 Know Your Neighbor Volunteer Coordinator - Mayor's Office (Unfilled)78,711.36$
11200 FINANCE 261,140.88$
0135402 Financial Analyst III ( May underfill at a level II or I) (Unfilled)95,768.40$
100449 SLC Contingent Worker (Unfilled)-$
100502 Finance Grant Analyst (Unfilled)82,686.24$
910006 Grant Administrator (Unfilled)82,686.24$
11400 PUBLIC UTILITIES 1,536,158.53$
0140602 Customer Services Mgr Pub. Uti (Unfilled)91,203.84$
0141706 Accountant IV (Possible under fill to a II or III) (Unfilled)91,203.84$
0141806 Accountant III (Unfilled)82,686.24$
0142902 Office Technician II (Unfilled)22.26$
0143604 Engineering Tech Iv Union (Unfilled)30.20$
0143803 Customer Service Collector / Investigator Utilities Specialist (Unfilled)26.35$
0146801 Engineering Technician V (Unfilled)31.71$
0147004 Engineer VII (Unfilled)128,353.68$
0147703 Engineering Tech III Union (Unfilled)27.39$
0148002 Eng Contracts Coor Public Util (Unfilled)28.76$
0148202 Utilities Development Review Specialist (Unfilled)24.54$
01486 Water Treatment Process Assistant Manager (Unfilled)100,573.20$
0152202 L&C Cross Conn Control Manager (Unfilled)100,573.20$
0153802 Wastewater Plant HVAC Technician II (may underfill to a I) (Unfilled)29.14$
0154001 Maintenance Electrician III (Unfilled)26.60$
01573 Senior Facilities Building Maintenance Worker (Unfilled)24.34$
0158707 Wrf Op II (Unfilled)27.42$
0159207 Wrf Op I (Unfilled)25.06$
0159504 Water Reclamation Facility Operator IV (Unfilled)30.01$
0159704 Wrf Op I (Unfilled)25.06$
0161107 Wastewater Plant Maintenance Operator IV (may underfill as a III, II, or I) (Unfilled)29.14$
0164002 Water Distribution System Operator I (Unfilled)25.06$
0166004 Watershed Ranger (Position Fill:05/12/2024,Haley Long)25.06$
0166902 Water System Maintenance Op II (Unfilled)25.06$
0167607 Water Distribution System Operator I (Unfilled)25.06$
0167907 Water System Maintenance Op II (Position Fill:05/13/2024,Brandon Pearce)25.06$
0169402 Water System Maintenance Op II (Unfilled)25.06$
0169802 Senior Water System Maintenance Operator (Unfilled)28.23$
0170401 Water System Maint Oper I (Unfilled)22.91$
0170501 Water System Maint Oper I (Unfilled)22.91$
0171203 Tech Systems Analyst IV (Unfilled)41.76$
0171314 Water Meter Reader II (Unfilled)20.96$
0172401 Water System Maint Oper I (Unfilled)22.91$
0399005 Wastewater Lift Station Worker (Unfilled)24.34$
04283 Ww Lift Station Lead Worker (Unfilled)29.14$
04330 Engineering Tech III Union (Unfilled)27.39$
04335 Water System Maintenance Op II (Unfilled)25.06$
04336 Water System Maint Oper I (Unfilled)22.91$
04403 Engineering Technician II (May be under filled) (Position Fill:05/26/2024,Sydnee Brinton)24.96$
04405 Engineering Tech III Union (Unfilled)27.39$
04410 Engineer Iv (Unfilled)100,573.20$
04415 Senior Utilities Representative - Office/Technical (Position Fill:05/13/2024,Amanda Sorensen)22.26$
04420 Office Technician II (Unfilled)22.26$
04600 AdministratIVe Sec I Union (Unfilled)23.96$
04623 Wastewater Lift Station Lead Worker (Unfilled)29.14$
04676 Water Conservatation Program Mgr (Unfilled)100,573.20$
04679 PU Sustainability Manager (Unfilled)95,768.40$
04793 Accountant III (Unfilled)82,686.24$
04854 Engineering Technician V (Unfilled)31.71$
100438 ENGINEERING TECHNICIAN IV (Unfilled)30.20$
100440 ENGINEER IV (Unfilled)100,573.20$
100441 ENGINEER IV (Unfilled)100,573.20$
100515 Safety Inspector (Unfilled)31.71$
100516 Warehouse Manager (Unfilled)82,686.24$
100517 Water Maintenance Manager (Unfilled)110,881.68$
100518 Project Coordinator (Unfilled)91,203.84$
100519 Talent Management Coordinator (Unfilled)74,954.88$
12030 FIRE 529.32$
01818 Captain-Fire-83 (Position Fill:05/12/2024,Brodie Berg)46.44$
0191504 Firefighter EMT (Unfilled)30.18$
0192302 Firefighter EMT (Unfilled)30.18$
0386304 Firefighter EMT (Unfilled)30.18$
100394 Firefighter EMT (Unfilled)30.18$
100493 Medical Response Paramedic (Unfilled)30.18$
100494 Medical Response Paramedic (Unfilled)30.18$
U0001 Firefighter EMT (Unfilled)30.18$
U0002 Firefighter EMT (Unfilled)30.18$
U0003 Firefighter EMT (Unfilled)30.18$
U0004 Firefighter EMT (Unfilled)30.18$
U0005 Firefighter EMT (Unfilled)30.18$
U0006 Firefighter EMT (Unfilled)30.18$
U0007 Firefighter EMT (Unfilled)30.18$
U0008 Firefighter EMT (Unfilled)30.18$
U0009 Firefighter EMT (Unfilled)30.18$
U0010 Firefighter EMT (Unfilled)30.18$
13000 ECONOMIC DEVELOPMENT 91,269.26$
0363503 Economic Development Office Manager (Position Fill:05/13/2024,Felina Lazalde)32.71$
04743 Economic Development Office Manager (Unfilled)32.71$
910005 Econ Develop Project Manager (Unfilled)91,203.84$
14010 911 BUREAU 106,099.56$
0177804 911 Disp. Communications Super (Unfilled)39.75$
0210206 Public Safety Dispatcher (Unfilled)29.70$
0212005 911 Comm Bur Deputy Director (Unfilled)105,574.56$
0213002 Public Safety Dispatcher (Unfilled)29.70$
0213202 Public Safety Dispatcher (Unfilled)29.70$
0214401 Public Safety Dispatcher (Unfilled)29.70$
0214603 Public Safety Dispatcher (Unfilled)29.70$
0253303 Public Safety Dispatcher (Unfilled)29.70$
0298108 Public Safety Dispatcher (Unfilled)29.70$
0406801 911 Disp. Communications Super (Unfilled)39.75$
0407301 Public Safety Dispatcher (Unfilled)29.70$
0422401 Public Safety Dispatcher (Unfilled)29.70$
0422501 Public Safety Dispatcher (Unfilled)29.70$
04288 Public Safety Dispatcher (Unfilled)29.70$
04502 Public Safety Dispatcher (Unfilled)29.70$
04543 Public Safety Dispatcher (Unfilled)29.70$
U0032 Public Safety Dispatcher (Unfilled)29.70$
U0033 Public Safety Dispatcher (Unfilled)29.70$
15010 ATTORNEY 358,285.20$
0216503 Senior City Attorney - Litigation (Unfilled)168,692.16$
100287 Victim Volunteer (Unfilled)-$
100472 Special Project Analyst - Legislative Affairs (Unfilled)78,711.36$
M0002 Associate City Prosecutor (Unfilled)110,881.68$
16000 HUMAN RESOURCES 91,230.92$
04748 Senior Human Resources Technician (Unfilled)27.08$
04798 Senior Recruiter (May Underfill) (Unfilled)91,203.84$
19000 CITY COUNCIL 372,852.48$
0217802 Op Mng & Mentor-City Council (Unfilled)100,573.20$
100352 Senior Policy Analyst (Unfilled)110,881.68$
100353 Constituent Liaison / Public Policy Analyst (Unfilled)82,686.24$
100354 Public Engagement / Communication Specialist (Unfilled)78,711.36$
54000 AIRPORT 1,639,216.74$
0001001 Engineer Tech III (Unfilled)27.39$
0002801 Airfield Maintenance Specialist III (Unfilled)27.42$
0007901 Project Coord. III Airport-97 (Unfilled)28.76$
0011104 Airport Airfield Ops Spec (Unfilled)33.30$
0016401 Airport Contruction Manager (Unfilled)91,203.84$
0017001 Architectural Assoc IV Union (Unfilled)33.30$
0017105 Office Facilitator II Non Unio (Unfilled)31.14$
0018502 Aviation Services Manager (Unfilled)100,573.20$
0018702 Airport Lighting & Sign Technician (Unfilled)25.81$
0020201 Assistant Director, Construction Management (Unfilled)134,752.80$
0020302 Assistant Director, Project Delivery (Unfilled)134,752.80$
0020701 AP Eng Records Prog Spec Union (Unfilled)26.07$
0021403 Fleet Mechanic (Unfilled)28.23$
0023501 Airport Maintenance Electrician III (Unfilled)26.60$
00245 Instrumentation & Controls Technician IV (Unfilled)41.76$
0026602 Airport Operations Specialist – Terminal/Landside I (Unfilled)24.99$
0027705 Information Technology Support Manager (Unfilled)105,574.56$
0219704 Software Support Administrator II (Unfilled)95,768.40$
0230701 Project Coordinator II Airport (Unfilled)26.07$
0235002 Engineering Technician V (Unfilled)31.71$
0244706 Engineering Technician V (Unfilled)31.71$
0245601 Facilities Maint. Coordinator (Unfilled)36.04$
0248705 Network Systems Engineer II (Unfilled)116,429.04$
0254704 Air Environ Sustain Coord (Unfilled)105,574.56$
0259704 Airfield Maintenance Electrician (Unfilled)40.49$
0279102 Airport Operations Specialist - Terminal/Landside I (Unfilled)30.20$
0299802 Airport Architect (Unfilled)134,752.80$
0300803 Engineering Tech Iv Union (Unfilled)30.20$
0306806 Net Sup Adm III (Unfilled)39.75$
0306906 Network Support Administrator II (may underfill to an Admin I) (Unfilled)36.04$
0368408 Engineering Construction Prog (Unfilled)91,203.84$
0375001 Airport Airfield Operations Specialist (Unfilled)33.30$
04468 Facilities Maint. Coordinator (Unfilled)36.04$
04483 Net Sup Adm II (Unfilled)36.04$
04498 Assistant Manager – Air Service & Business Development (Unfilled)95,768.40$
04587 Airfield Maintenance Specialist III (Unfilled)27.42$
04593 Airfield Maintenance Specialist III (Unfilled)27.42$
04763 Network Systems Engineer II (Unfilled)116,429.04$
04805 HVAC Tech II (Unfilled)29.14$
04811 AIRFIELD MAINT ELECTRICIAN (Unfilled)40.49$
04825 Airport Operations Specialist—Terminal/Landside III (Unfilled)31.71$
04827 Airport Operations Specialist - Terminal/Landside II (Unfilled)30.20$
100420 General Maintenance Worker III (Unfilled)27.42$
100421 General Maintenance Worker III (Unfilled)27.42$
100422 HVAC Technician II (Unfilled)29.14$
100427 CMMS / Utilities Administrator (Position Fill:05/13/2024,Christopher Fazio)91,203.84$
100428 Cybersecurity Engineering Manager (Unfilled)141,479.52$
100429 Technical Systems Analyst I (Unfilled)31.14$
100479 Energy/Utilities Management Coordinator (Unfilled)82,686.24$
57000 SUSTAINABILITY 70.28$
0092301 Waste & Recycling Equip Op II (Unfilled)24.34$
04115 Waste & Recycling Education Specialist I (Unfilled)21.60$
04343 Waste & Recycling Equipment Operator II (Unfilled)24.34$
65000 INFORMATION MANAGEMENT SERVICES 271,394.53$
0102309 Public Affairs Manager (Unfilled)100,573.20$
0120007 Network Support Adm III ( May underfill at a level II or I) (Position Fill:05/13/2024,Nickalas Cebrowski)39.75$
0302007 Network Support Admin II (May underfill at a level I) (Unfilled)36.04$
04755 Public Affairs Coordinator II ( May underfill at level I) (Unfilled)74,954.88$
04860 IT Support Lead (Unfilled)95,768.40$
710313H Office Technician II (Unfilled)22.26$
92010 REDEVELOPMENT AGENCY 460,939.20$
0227005 Gallivan Center Director (Unfilled)105,574.56$
0243106 Office Technician II (Unfilled)22.26$
0363207 Senior Project Manager – Redevelopment Agency (Unfilled)122,216.64$
04051 General Maintenance Worker III (May be under filled) (Unfilled)27.42$
100488 Project Manager - Redevelopment Agency (Unfilled)110,881.68$
100489 Senior Project Manager – Redevelopment Agency (Unfilled)122,216.64$
Grand Total 6,854,137.35$
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer
Policy Analyst
DATE:May 30, 2024
RE: Planning and Historic Landmark Commission Membership
and Appeals Hearing Officer Term Limit Text Amendment
PLNPCM2023-00986
The Council will be briefed about a proposal from the Administration to amend sections of the Salt Lake
City zoning ordinance to reduce the minimum required Planning Commission and Historic Landmark
Commission members. Currently, the minimum number of members for the Planning Commission is nine,
and the Historic Landmark Commission requires at least seven members. Both commissions have a
maximum of 11 members as shown in the table below. The proposed amendments would allow a minimum
of five members for both Commissions.
Planning staff initially recommended eliminating the minimum number of members for both commissions,
though State statute requires no less than two members. Both the Historic Landmark and Planning
Commission members felt two members was too few and voted to forward the five-member minimum
recommendation to the Council.
Reducing the minimum number of members would allow both commissions to continue functioning as the
number of board members fluctuates. The Planning Commission will soon lose another member, leaving it
with fewer than the current minimum number of members (9). The Administration asked for the ordinance
to be published quickly if adopted by the Council so the two affected Commissions can have a quorum for
their meetings.
The Planning Director, or designee, serves as a non-voting ex officio member of the Planning Commission.
The proposal includes having them serve in the same capacity on the Historic Landmark Commission.
Item Schedule:
Briefing: May 30, 2024
Set Date: May 21, 2024
Public Hearing: June 4, 2024
Potential Action: June 11, 2024
Page | 3
Current Minimum
Number of Members
Proposed Minimum
Number of Members
Current/Proposed
Maximum Members
Planning Commission 9 5 11
Historic Landmark
Commission
7 5 11
In addition, City Appeals Hearing Officers are limited to two consecutive five-year terms. The proposal
would remove this term limit and allow Officers to continue serving if the Mayor and City Council are in
support.
Both the Historic Landmark Commission and Planning Commission voted to forward a positive
recommendation to the City Council.
Goal of the briefing: Review the proposed text amendment and determine if the Council would like to
consider adopting the ordinance following the June 4 public hearing with the understanding that the City
Recorder will publish the ordinance as soon as possible.
Policy Questions
1. The Council may ask about requirements for districts or expertise to be represented on the
Commissions, and whether the lower minimum number may mean some representation is
missing.
_________________
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
Jill Love
Jill Love (May 9, 2024 09:16 MDT)Date Received:05/09/2024
Jill Love, Chief Administrative Officer Date sent to Council: 05/09/2024
TO:Salt Lake City Council DATE: 05/08/24
Victoria Petro, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
_
SUBJECT:PLNPCM2023-00986 Planning and Historic Landmark Commission Membership &
Appeals Hearing Officer Term Limit Text Amendment
STAFF CONTACT: Olivia Cvetko | Principal Planner
Olivia.Cvetko@slcgov.com | 801-535-7285
DOCUMENT TYPE: Ordinance
RECOMMENDATION: The City Council adopt the zoning text amendments as recommended
by the Planning Commission with added text stating that the Planning Director can act as an ex
officio member of the Historic Landmark Commission
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: Salt Lake City initiated this petition to amend sections of the
Salt Lake City Zoning Ordinance relating to the minimum required members of the Planning
Commission and the Historic Landmark Commission, and the term limits for Appeals Hearing
Officers. The proposed amendments were intended to eliminate the minimum required number
of commissioners for both the Planning Commission and Historic Landmark Commission so that
if there is a sudden exit of commissioners, both land use authorities would be able to conduct city
business.
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
Additionally, this amendment removes the language stating that the appeals hearing officer can
serve no more than two (2) consecutive five-year terms. These are appointed positions and if the
Mayor and City Council find that an Appeals Hearing Officer is familiar with city statues and
making sound decisions, there should be an avenue to keep them appointed. This amendment
will affect chapter 21A.06 Decision Making Bodies and Officials.
On March 7, 2024 the Historic Landmark Commission reviewed the proposal and recommended
establishing a new minimum of five (5) Historic Landmark Commissioners and Planning
Commissioners. Planning Commission agreed with this recommendation and provided a positive
recommendation to the City Council on March 13, 2024. Additionally, staff identified the
following language: “The Director of the Planning Division (or the Planning Director’s
designated representative) shall serve as an ex officio member without vote” needs to be added
to the Historic Landmark Commission section of the zoning ordinance. This language already
exists for the Planning Commission.
The ordinance within this transmittal reflects the Historic Landmark Commission/ Planning
Commission recommendation as well as the new language allowing the Planning Director to
serve as an ex officio member.
PUBLIC PROCESS:
The following is a list of public meetings that have been held, and other public input
opportunities, related to the proposed project since the application was initiated:
December 26, 2023 – An online open house posted to the Planning Division’s website.
February 28, 2024 – Public notices posted at the following locations:
o Salt Lake City Public Library – Main Branch
o Salt Lake City Public Library – Marmalade Branch
o Salt Lake City Public Library – Chapman Branch
March 7, 2024 – Historic Landmark Commission held a public hearing. One member of
the public spoke to agree with a five (5) commissioner minimum to allow for an
appropriate mix of skills and opinions.
March 13, 2024 – Planning Commission held a public hearing. One member of the public
spoke to agree with a five (5) commissioner minimum to allow for an appropriate mix of
skills and opinions.
Planning Commission (PC) Records
a)PC Agenda of March 13, 2024 (Click to Access)
b)PC Minutes of March 13, 2024 (Click to Access)
c)Planning Commission Staff Report of March 13, 2024 (Click to Access Report)
EXHIBITS:
1) Ordinance
2) Project Chronology
3) Notice of City Council Public Hearing
4) Petition Initiation Request
1. ORDINANCE
SALT LAKE CITY ORDINANCE
No. of 2024
(Amending various sections of Title 21A of the Salt Lake City Code
pertaining to the membership and term length of zoning decision-making bodies)
An ordinance amending the text of various sections of Title 21A of the Salt Lake City
Code pertaining to the membership and term length of zoning decision-making bodies pursuant
to Petition No. PLNPCM2023-00986.
WHEREAS, on March 13, 2024, the Salt Lake City Planning Commission (“Planning
Commission”) held a public hearing on a petition to amend Salt Lake City’s land use regulations
pertaining to the membership and term length of zoning decision-making bodies pursuant to
Petition No. PLNPCM2023-00986; and
WHEREAS, at its March 13, 2024 meeting, the Planning Commission voted in favor of
forwarding 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 Subsection 21A.06.030.D. That Subsection
21A.06.030.D of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
Planning Commission: Membership), shall be amended as follows:
21A.06.030: PLANNING COMMISSION:
D. Membership: The Planning Commission shall consist of least five (5) and up to eleven
(11) voting members, appointed from among qualified electors of the City in a manner providing
balanced geographic, professional, neighborhood and community interests representation.
1
1. The Director of the Planning Division (or the Planning Director's designated
representative) shall serve as an ex officio member without vote.
2. Appointment to a position created by any vacancy shall not be included in the
determination of any person's eligibility to serve two (2) consecutive full terms.
SECTION 2. Amending the Text of Subsection 21A.060.040.C. That Subsection
21A.06.040.C of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
Appeals Hearing Officer: Qualifications), shall be amended as follows:
21A.06.040: APPEALS HEARING OFFICER:
C. Qualifications: The appeals hearing officer shall be appointed by the mayor with the
advice and consent of the city council. The mayor may appoint more than one appeals hearing
officer, but only one appeals hearing officer shall consider and decide upon any matter properly
presented for appeals hearing officer review. The appeals hearing officer shall be appointed to a
term of five (5) years and may serve continuous consecutive terms upon reappointment. The
appeals hearing officer shall either be law trained or have significant experience with land use
laws and the requirements and operations of administrative hearing processes.
SECTION 3. Amending the Text of Subsection 21A.060.050.D. That Subsection
21A.06.050.D of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
Historic Landmark Commission: Membership), shall be amended as follows:
21A.06.050: HISTORIC LANDMARK COMMISSION:
D. Membership: The historic landmark commission shall consist of at least five (5) and up to
eleven (11) voting members appointed in a manner providing balanced geographic, professional,
neighborhood and community interests representation.
1. The planning director (or the planning director’s designated representative) shall
serve as an ex officio member without vote.
2. Appointment to a position created by any vacancy shall not be included in the
determination of any person's eligibility to serve two (2) consecutive full terms.
SECTION 4. Effective Date. This ordinance shall become effective on the date of its
first publication.
2
_______________________
Katherine D. Pasker, Senior
Passed by the City Council of Salt Lake City, Utah, this day of ,
2024.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: Approved. Vetoed.
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2024.
Published: .
Ordinance changing PC and HLC body size and
AHO term length (final)v2
3
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:April 26, 2024
By:
City Attorney
2. PROJECT
CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00986
Dec. 6 2023 Mayor Mendenhall initiated a zoning text amendment petition to amend the
minimum number of required member on the Historic Landmark and Planning
Commission and remove the term limits for the Appeals Hearing Officer.
Dec. 11 2023 Petition PLNPCM2023-00986 assigned to Olivia Cvetko, Principal Planner.
Dec. 26 2023 An online open house posted to the Planning Division’s website.
Feb. 28 2024 Planning Staff posted public notices at three public library locations.
March 7 2024 The Historic Landmark Commission held a public hearing for the petition and
voted to recommend the Planning Commission forward a positive
recommendation to the City Council.
March 13 2024 The Planning Commission held a public hearing for the petition and voted to
recommend the City Council adopt the proposed zoning text amendments.
March 27 2024 The Planning Commission ratifies the minutes for their meeting on January 24,
2024.
April 12 2024 Draft ordinance requested from the City Attorney’s Office.
April 26 2024 Draft ordinances received from the City Attorney’s Office
3. NOTICE OF CITY
COUNCIL PUBLIC
HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00986 Salt Lake City is
requesting to amend sections of the Salt Lake City Zoning Ordinance relating to the
minimum required members of the Planning Commission and the Historic Landmark
Commission, and the term limits for Appeals Hearing Officers. This amendment also
removes the language stating that the appeals hearing officer can serve no more than two (2)
consecutive five-year terms. This amendment will affect chapter 21A.06 Decision Making
Bodies and Officials.
As part of their study, the City Council is holding an advertised public hearing to receive
comments regarding the petition. During this hearing, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The Council may
consider adopting the ordinance on the same night of the public hearing. The hearing will be
held in person and electronically:
DATE:
TIME:
PLACE: 451 South State Street Salt Lake City, Utah
** This meeting will be held in-person, 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, please visit www.slc.gov/council. 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
Olivia Cvetko at 801-535-7285 or via e-mail at Olivia.cvetko@slcgov.com. The application
details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab
and entering the petition number PLNPCM2023-00986
The City and County Building is an accessible facility. 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.
4. PETITION INITIATION
REQUEST
MEMORANDUM
PL-\. 'lNG OJ\,1SlON
OEPARTMLVI' Q{C'mllltm-TIYond "EIGHBORHOODS
lo:Mayor Erin-Mendenhall
Ce.R1,,helOtta, OliaofSlaff;Blake'!l,ons,s,DepartmentofC'onmlllltilyandNeighlx>rilOOdsDit,ctol';
N'"dNonis,Pluming Dii or
From: MidlaelaOktay, DeputyPlanniQg Diredor]?i O
Date:December6, 2023
Re:luitfale Petitionlo A!ueudtheCityOXletodeJctemiuirnwn1UC!ll1be:lsJUpllli.Uiruwus for both
PlanningandHistoricLaildu,-ui<Olmmissions&todeletetern,limi1s br Appeals Ht>al'ingOfficeis
U1e Planning Division is1-equesting that youinitiatea petitiondirecting the Planning Division to make
changes to the zoning ordinance where it stipulates the membership minimums and maximwns for
both the Planning Commission and the Historic Landmark Con1111L<sion. The request also includes
deleting the tenn limits for ApJ>e.11s HearingOfficers.
11,e codestipttlates:
•a minimum of 9 and n maximum of 11 PC members
•a minimum of7 and a maximwu of 11 HLC n,embers
The proposaJ is todelete the miuhuum membership requirements so thnt if there is an instance that
we have one or more unexpected res.ign.1tions) the commissions can still conduct business nnd mnke
land use decisions.
With regard to Appeals Hearing Officers and tlieir tenns; n,ecode stipulates that Appeals Hearing
Officexs can only be •1>pointed to two tel"lns, each term limit limited to five years. Removal of te1111
liluits wonld rulow the city to 1-etaiu Appeals Hearing Officers that are familiar with Olli"ordinances,
p,-o , a u dha v e demonstrated sound decision making. Ofticers have bisto1ically been land use
attorneys fan1iliar with ndministrative law procedures, the 1'.1Iunicipal Land Use Development
ManagementAct (MLUDMA), and land use law.
As part of the process, the Planning Division will follow tl,eCityadoption process forzoning text
amendments, which includes citizen input and public beaiin.gs witl1 the Historic l..nndmnrk
Commission, Planning C.Ornmission nnd CityCouncil. Change,svill bemade toTitle 21A: Zoning
O1-dinance but otherchaptet-s \\ith.in the cityoode mai•alsobe changed if identified as necessaiy.
Tilis memo includes a signature block to initiate the petitionif thatis thedecided courseof action. U
the decided courseof action is to not initiate the application, the signature blockcnn1·emain blank.
Please c"Oatatt me al 385-214-53JJ or michaela.okt.w@skgov.com if you have any questious. lbank
)'OIL
Con.currence to initiate tl1e zoning text amen.d,nen.t petition as noted above.
9f lJl'i'iU-.0
Erin Meudeuhall, Mayor
pALTLAK!CIIYCOA90AATION
461SOVTl-1STATESTREET,ROOM406
PO BOX 145400SALTLAKECl1Y,UT &1114.5400
Date
WWW.SLC«N
TB. m1-S36-ID7 FAX 801.,S35.6174
:
SALT LAKE CITY CORPORATION
SWORN STATEMENT SUPPORTING CLOSURE OF MEETING
I,,acted as the presiding member of the Salt Lake Council, whic h met on
in an electronic meeting pursuant to Salt Lake City Proclamation.
Appropriate notice was given of the Council's meeting as required by §52-4-202.
A quorum of the Council was present at the meeting and voted byat least a two-thirds vote,as detailed in the minutes of
the open meeting,to close a portion of the meeting to discuss the following:
§52-4-205(l)(a)discussion ofthe character,professio nal competence,or physical or m entalhealthof a n
individual;
§52 -4-205(1)(b) strategy sessions to discuss collective bargaining;
§52-4-205(l)(c)strategy sessions to discuss pending or reasonably imminent litigation;
§52-4-205(l)(d)strategy sessions to discuss the purchase,exchange,or lease of real property,including
any form of a water right or water shares,if public discussion of the transaction would:(i) disclose the
appraisal or estimated value of the property under consideration;or (ii) prevent the public body from
completing the transaction on the best possible terms;
§52-4-205(l)(e) strategy sessions to discuss the sale of real property, including any form of a water right
or water shares if: (i) public discussion of the transaction would: (A) disclose the appraisal or estimated
value of the property under consideration; or (B) prevent the public body from completing the transaction
on the best possible terms;(ii) if the public body previously gave public notice that the property would be
offered for sa le; and (iii) the terms of the sale are publicly disclosed before the public body approves the
sale;
§52-4-205(1)(f) discussion regarding deployment of security personnel,devices,or systems; and
§52-4-205(1)(g) investigative proceedings regarding allegations of criminal misconduct.
A Closed Meeting mayalso be hel d for Attorney-Client matters that are privile ged 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.
Other, described as follows:
The content of the closed portion of the Council meeting was restricted to a discussion of the matter(s) for which the
meeting was closed.
With regard to the closed meeting, the following was publicly announced and recorded,and entered on the minutes of t he
open meeting at which the closed meeting was approved:
(a)the reason or reasons for holding the close d meeting;
(b)the l ocation where theclosed meeting will be held;and
(c)the vote of each member of the public body either for or against the motionto hold the closed meeting.
The recording and any minutes of the closed mee ting will include:
(a) the date,time,and place of the meeting;
(b) the names of members Present and Ab sent;and
(c) thenames of all others present except wheresuch disclosure would infringe onthe confidentiality
necessary to fulfill the original purpose of closing the meeting.
Pursuant to §52-4-206(6),a sworn statement is required to close a meeting under §5 2-4-205(1)(a) or (f),but a record by
electronic rec ording or detaile d minutes is not re quired; and Pursuant to §52-4-206(1), a record by electronic recording
and/or detailed written minutes i s required for a meeting closed under §52-4-205(1)(b),(c),(d),(e),and (g):
A record was not made.
A record was made by: Electronic recording Detailed written minutes
Ihereby swear or affirm under penalty of perjury thatthe above information is trueandcorrect to thebest of my
knowledge.
Presiding Member Date of Signature
::::
Victoria Petro May 30 ,2024
Victoria Petro (Jun 13, 2024 12:12 MDT)
Jun 13, 2024
Sworn Statement 5-30-24 Work Session
Final Audit Report 2024-06-13
Created:2024-06-11
By:STEPHANIE ELLIOTT (stephanie.elliott@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAOHxOGNvl9F0jqvrVE10MT9P0rlAbGJa9
"Sworn Statement 5-30-24 Work Session" History
Document created by STEPHANIE ELLIOTT (stephanie.elliott@slcgov.com)
2024-06-11 - 7:16:46 PM GMT
Document emailed to victoria.petro@slcgov.com for signature
2024-06-11 - 7:17:13 PM GMT
Email viewed by victoria.petro@slcgov.com
2024-06-13 - 6:11:50 PM GMT
Signer victoria.petro@slcgov.com entered name at signing as Victoria Petro
2024-06-13 - 6:12:17 PM GMT
Document e-signed by Victoria Petro (victoria.petro@slcgov.com)
Signature Date: 2024-06-13 - 6:12:19 PM GMT - Time Source: server
Agreement completed.
2024-06-13 - 6:12:19 PM GMT