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09/21/2021 - Work Session - Meeting MaterialsCITY 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:September 21, 2021 RE: ORDINANCE TO VACATE A PORTION OF H STREET ADJACENT TO THE PROPERTY AT 538 EAST 14TH AVENUE (PLNPCM2018-00561) ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate the public right-of-way (park strip) on the H Street side adjacent to the home located at 538 East 14th Avenue. In 2006 applicants Justin and Jodi Miller received a revocable permit from the City allowing them to replace a fence encroaching into the public right-of-way on the east side of their lot. At the time, these permits were no cost and for a ten-year period. When the permit expired the applicants learned the City changed its policy regarding exclusive use of City property to align with State statute and is now charging for this use. The applicants were offered terms to lease the City right-of-way. Rather than enter into a lease agreement, the applicants are requesting the City vacate the subject right-of-way and sell it to them at fair market value. The applicants originally submitted an application to purchase an area measuring 22.5’ by 50’ (1125 square feet) which is enclosed by their fence as shown in the image below. During City department reviews, the Engineering and Transportation divisions advised against selling land that would preclude the City from installing a sidewalk in the park strip on the east side of the applicants’ property at some point in the future. Both divisions would support the vacation if six feet measured from the back of the curb was reserved for this potential future use. This would result in an area 16.5’ x 50’ (825 square feet) being vacated (also shown in the image below). The applicants agreed and reduced the area they are requesting to be vacated. During the April 10, 2019 Planning Commission meeting, Commissioner Lyon made a motion adding a request that the City Council and staff explore the possibility of vacating the original area requested (1,125 square feet versus 825 square feet) and placing an easement over the area where the City may, at some point, construct a sidewalk on the west side of H Street. This would allow the applicants to retain their existing fence and Item Schedule: Briefing: September 21, 2021 Set Date: September 21, 2021 Public Hearing: October 19, 2021 Potential Action: November 9, 2021 Page | 2 landscaping until the City chose to add a sidewalk. Commissioner Lyon stated the Commission would also support the request to vacate a revised area of 825 square feet. Council staff checked with the Attorney’s Office about placing an easement over the potential sidewalk area. They indicated that, while unusual, the Council could include an easement on the property reserving the right to build a sidewalk at some point in the future as a condition of vacation. Under such an agreement, the existing fence and landscaping could remain in place until the City chose to install a sidewalk in this location. However, the Attorney’s Office recommended the Council not impose the condition. They stated the easement would create a right to public to use and the public would have the right to conduct First Amendment expressive activities behind the property owners’ fence. As owners of the property, the applicants would pay taxes on the subject property if approved by the Council. An email outlining the Attorney’s Office concerns is included as attachment A to this memo. If either the 825 or 1,125 square foot vacation is approved by the City Council, the applicants would purchase the land at fair market value. The Planning Commission was supportive of either the 825 or 1,125 square foot closure area depending on the Council’s decision whether to include an easement for a potential future sidewalk. The Commission forwarded a unanimous positive recommendation to the City Council. Current encroachment area outlined in yellow. Proposed boundary shown in red. Goal of the briefing: To review the proposed street closure, address questions Council Members may have and prepare for a public hearing. Page | 3 POLICY QUESTIONS 1. Is the Council supportive of closing the subject section (park strip) of H Street? 2. If so, does the Council support closing the larger, 1,125 square foot or smaller 825 square foot area? ADDITIONAL INFORMATION Attachment D of the Administration’s transmittal (pages 25-26) is an analysis of factors related to the City’s street closure policy. A summary is provided below. For the complete analysis, please refer to the transmittal. It is the policy of the City Council to close public streets and sell the underlying property. The Council does not close streets when the action would deny all access to other property. o Finding: The proposed vacation would not deny vehicular or pedestrian access to any adjacent properties. The general policy when closing a street is to obtain fair market value for the land, whether the abutting property is residential, commercial or industrial. o Finding: The City would give up ownership of this property and obtain fair market value for sale of the property to the applicant. There should be sufficient public policy reason that justify the sale and/or closure of a public street and it should be sufficiently demonstrated by the applicant that the sale and/or closure of the street will accomplish the stated public policy reasons. o Finding: The proposed right-of-way vacation does not conflict with the Avenues Master Plan, but does not result in a direct public benefit as outlined in the Salt Lake City Urban Design Element. However, the Administration stated the property isn’t needed for a public purpose and the City will benefit from the land sale, proceeds from which will go to the General Fund. The City Council should determine whether the stated public policy reasons outweigh alternatives to the closure of the street. o Finding: Alternatives to the requested vacation maintain City ownership and require the applicant to enter into a lease agreement for the encroachment, or relocate the existing fence and landscaping in the park strip area. Planning staff found the right-or-way is very wide in this portion of the upper Avenues, which does not experience significant traffic volume. They suggest it is unlikely this portion of H Street will ever need to be widened. In addition, the City would reserve a 6 foot section in the event a sidewalk is constructed at some point. Aerial images show improvements encroached into this area for at least 20 years. The City now has an opportunity to benefit financially from this occupation. PUBLIC PROCESS A notice of the petition and request for review was emailed to the Greater Avenues Community Council Chair August 10, 2018. No response was received. Letters were mailed to nearby property owners and tenants August 10, 2018. One inquiry was received by Planning staff, but no comment was provided. The Planning Commission held a public hearing April 10, 2019. No public comments were provided at the hearing. The Commission voted unanimously to forward a positive recommendation for the street closure, with a suggested option to sell the full, originally requested area as noted above. STREET CLOSURE PROCESS Street closure process is dictated by Section 10-9a-609.5 Utah State Code which is included below for reference. 10-9a-609.5. Petition to vacate a public street. Page | 4 (1)In lieu of vacating some or all of a public street through a plat or amended plat in accordance with Sections 10-9a-603 through 10-9a-609, a legislative body may approve a petition to vacate a public street in accordance with this section. (2)A petition to vacate some or all of a public street or municipal utility easement shall include: (a)the name and address of each owner of record of land that is: (i)adjacent to the public street or municipal utility easement between the two nearest public street intersections; or (ii)accessed exclusively by or within 300 feet of the public street or municipal utility easement; (b)proof of written notice to operators of utilities located within the bounds of the public street or municipal utility easement sought to be vacated; and (c)the signature of each owner under Subsection (2)(a) who consents to the vacation. (3)If a petition is submitted containing a request to vacate some or all of a public street or municipal utility easement, the legislative body shall hold a public hearing in accordance with Section 10-9a-208 and determine whether: (a)good cause exists for the vacation; and (b)the public interest or any person will be materially injured by the proposed vacation. (4)The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street or municipal utility easement if the legislative body finds that: (a)good cause exists for the vacation; and (b)neither the public interest nor any person will be materially injured by the vacation. (5)If the legislative body adopts an ordinance vacating some or all of a public street or municipal utility easement, the legislative body shall ensure that one or both of the following is recorded in the office of the recorder of the county in which the land is located: (a)a plat reflecting the vacation; or (b)(i)an ordinance described in Subsection (4); and (ii)a legal description of the public street to be vacated. (6)The action of the legislative body vacating some or all of a public street or municipal utility easement that has been dedicated to public use: (a)operates to the extent to which it is vacated, upon the effective date of the recorded plat or ordinance, as a revocation of the acceptance of and the relinquishment of the municipality's fee in the vacated public street or municipal utility easement; and (b)may not be construed to impair: (i)any right-of-way or easement of any lot owner; or (ii)the rights of any public utility. (7)(a)A municipality may submit a petition, in accordance with Subsection (2), and initiate and complete a process to vacate some or all of a public street. (b)If a municipality submits a petition and initiates a process under Subsection (7)(a): (i)the legislative body shall hold a public hearing; (ii)the petition and process may not apply to or affect a public utility easement, except to the extent: (A)the easement is not a protected utility easement as defined in Section 54-3-27; (B)the easement is included within the public street; and (C)the notice to vacate the public street also contains a notice to vacate the easement; and (iii)a recorded ordinance to vacate a public street has the same legal effect as vacating a public street through a recorded plat or amended plat. Attachment A From: Nielson, Paul Sent: Thursday, September 02, 2021 4:08 PM To: Fullmer, Brian <Brian.Fullmer@slcgov.com>; Crump, Olga <olga.crump@slcgov.com>; Garback, Robert <Robert.Garback@slcgov.com> Page | 5 Cc: Rip, Daniel <Daniel.Rip@slcgov.com>; Finan, Shellie <Shellie.Finan@slcgov.com> Subject: RE: 538 East 14th Avenue Apologies to all for my office letting this get stale. In conversations I had with an attorney in my office who formerly represented Real Estate Services, we agreed that the suggestion made by a planning commission member to vacate the portion of the street and have the city retain an access easement behind the fence would be problematic. A public access easement would not only create the right to use by the public, but also would be an area where the public would have the right to conduct First Amendment expressive activities. You can imagine how problematic it would be if members of the public claimed they were being deprived of a right to engage in First Amendment activities in an area behind a fence. While I recognize that the planning commission member who suggested the idea of conditioning the partial street vacation on the city receiving a public access easement was trying to offer a helpful solution, I would strongly recommend that the council not impose that condition if it were to approve the partial street vacation for the concerns expressed herein regarding potential impingement of First Amendment rights. Thanks. Paul C. Nielson Senior City Attorney 801.535.7216 IMPORTANT: E-mail from the City Attorney's Office is likely to contain confidential and privileged material for the sole use of the intended recipient. The use, distribution, transmittal or re-transmittal of any such communication is prohibited without the express approval of the City Attorney or a Deputy City Attorney in writing or by e-mail. If you are not the intended recipient, please contact the sender and delete all copies. routed the proposal out for review by City Divisions, Engineering and Transportation both suggested that they could support the vacation if 6 feet (6’) of width was reserved for a potential future sidewalk. The applicants agreed to amend their request to accommodate those comments, resulting in a revised area that measures 16.5 feet wide by 50 feet long, or 825 square feet. This would require them to remove all fencing and landscaping that falls within 6’ of the back of the curb on H Street. At the Planning Commission meeting on April 10th, 2019, Commissioner Lyon made a motion to make a positive recommendation to Council to approve the street vacation. He added a request that Council and Staff explore the option of vacating the entire area of encroachment (1,125 square feet versus 825 square feet), and placing an easement over the area where the City would like to reserve the right to build a sidewalk in the future. Under this scenario, the existing fencing and landscaping could remain in place until the City chose to add a sidewalk along the west side of H Street. Commissioner Lyon indicated that if this easement option was found to be unfeasible, the Commission supported the original requested vacation area of 825 square feet. If approved by the City Council, 825 – 1,125 square feet of the park strip would be vacated, declared surplus property, and sold to the applicants for a fair market value. The subject property and adjacent lots are zoned SR-1A Special Development Pattern Residential District with the exception of Kay Rees Park to the north, a City-owned park that is zoned FR-3 Foothills Residential District. MASTER PLAN POLICIES The proposal’s compliance with applicable City master plans are evaluated on page 3 of the Planning Commission Staff Report (Exhibit 4B). The Avenues Master Plan (1987)does not include any specific policies related to street vacations or the sale of City-owned property to private property owners, but a section on Bicycle Paths and Pedestrian Circulation identifies all of H Street as a potential urban trail corridor. Staff finds that the amended request to allow for the potential future construction of a sidewalk on the west side of H Street is in accordance with objectives outlined in the Master Plan. The Salt Lake City Urban Design Element (1990) includes a section titled Street as Elements of Open Space, with a Policy Concept that states, “Decline to vacate streets, alleys, and other public right-of-way unless it is demonstrated that the vacation will result in a public benefit.” Though this proposal does not violate public policies, it does not have a stated public benefit. However, the property isn’t needed for a public purpose, and the City would benefit financially from the sale of the land—proceeds would be placed in the General Fund. PUBLIC PROCESS: A notice of petition and request for review was emailed to the Greater Avenues Community Council Chair on August 10 th, 2018. No response was received. Letters were mailed to nearby property owners and tenants on August 10th, 2018. One inquiry was received, but no comment was provided. The Planning Commission held a public hearing on April 10th, 2019, and voted unanimously to forward a recommendation to vacate the subject area. No public comments were provided at the hearing. RELEVANT ORDINANCES: Utah State Code §10-9a-609.5 establishes the power for cities to vacate streets upon the request of the governing body of a property owner. The decision to vacate a street is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard. The City Council adopted a street closure policy in 1999. These policies were evaluated in the Planning Commission Staff Report and considered by the Planning Commission. Analysis and Findings can be found on pages 2-3 and 9-10 of the Staff Report dated April 10th, 2019 (Exhibit 4B). EXHIBITS: 1. Ordinance 2. Project Chronology 3. Notice of City Council Hearing 4. Planning Commission – April 10th, 2019 Public Hearing A) Public Hearing Notice B) Staff Report C) Agenda and Minutes 5. Original Petition TABLE OF CONTENTS 1. ORDINANCE 2. PROJECT CHRONOLOGY 3. NOTICE OF CITY COUNCIL HEARING 4. PLANNING COMMISSION – APRIL 10, 2019 PUBLIC HEARING A. PUBLIC HEARING NOTICE B. STAFF REPORT C. AGENDA AND MINUTES 5. ORIGINAL PETITION 1. ORDINANCE 2. PROJECT CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2018-00561 August 1, 2018 Petition PLNPCM2018-00561 assigned to Ashley Scarff, Principal Planner, for staff analysis and processing. August 10, 2018 Email sent to Recognized Community Organizations informing them of the petition. August 10, 2018 Letters sent to nearby property owners and tenants informing them of the petition. March 27, 2019 Planning Commission hearing notices posted on City and State websites and Planning Division list serve. March 29, 2018 Public hearing notice sign posted on property. April 10, 2019 Planning Commission reviewed the petition and held a public hearing. The commission voted unanimously to send a positive recommendation to the City Council. April 24, 2019 Ordinance requested from City Attorney’s office. April 29, 2019 Transmittal was sent to the CAN Acting Director for review. 3. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2018-00561 Street Vacation – A request by Justin and Jodi Miller for the vacation of a portion of public right-of-way that abuts their property at 538 E. 14th Avenue. The purpose of the vacation is to reconcile the location of fencing and landscaping within the park strip. If approved by the City Council, approximately 825 – 1,125 square feet of the park strip would be vacated, declared surplus property, and sold to the applicants for a fair market value. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held: DATE: TIME: 7:00 p.m. PLACE: Room 315 City & County Building 451 South State Street Salt Lake City, Utah If you have any questions relating to this proposal or would like to review the file, please call Ashley Scarff at 801-535-7660 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at ashley.scarff@slcgov.com. The City & County Building is an accessible facility. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535- 7600, or relay service 711. 4. PLANNING COMMISSION A. PUBLIC HEARING NOTICE 4. PLANNING COMMISSION B. STAFF REPORT SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 406 WWW.SLCGOV.COM PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-5357757 FAX 801-535-6174 PLANNING DIVISION DEPARTMENT of COMMUNITY & NEIGHBORHOODS Staff Report To: Salt Lake City Planning Commission From: Ashley Scarff, (801) 535-7660or ashley.scarff@slcgov.com Date: April 10 th, 2019 Re: PLNPCM2018-00561: Street Vacation (park strip) near 14 th Avenue & H Street Street Vacation PROPERTY ADDRESS: 538 E. 14th Avenue (address of applicant) MASTER PLAN: Avenues Master Plan ZONING DISTRICT: SR-1A Special Development Pattern Residential District REQUEST: Justin and Jodi Miller, owners of 538 E. 14th Avenue, are requesting that Salt Lake City vacates a portion of public right-of-way (park strip) that abuts their property. In 2006, the applicants received a Revocable Permit from the City that allowed them to replace a fence that encroached into the right-of-way on the east side of their lot—the permitted encroachment was cost-free and good for ten (10) years. When the permit expired, the applicants found that the City had changed the policy related to encroachments onto public property, and would now charge them to lease the right-of-way. Instead of entering a lease agreement, the applicants chose to request that the City vacate and sell the area of encroachment. If approved by the City Council, approximately 850 square feet of the park strip would be vacated, declared surplus property, and sold to the applicants for a fair market value. The subject property and adjacent lots are zoned SR-1A Special Development Pattern Residential District with the exception of Kay Rees Park to the north, a City-owned park that is zoned FR-3 Foothills Residential District. RECOMMENDATION: Based on the information in this staff report, Planning Staff recommends that the Planning Commission forwards a positive recommendation to City Council for the request to vacate this portion of right-of-way adjacent to 538 E. 14th Avenue. ATTACHMENTS: ContextMaps SitePhotographs Application Materials Analysis of Standards Public Process and Comments Department Review Comments 1 BACKGROUND In the submitted narrative (Attachment C), the applicants claim that in 2004 when they purchased their home at 538 E. 14th Avenue there was a chain-link fence installed near the southeast corner of the lot. In 2006, they applied for a building permit to replace the chain-link fence with a cedar fence. It was at this time that they learned that the fenced-off area in their yard included a portion of City-owned right-of-way. They were directed to apply for, and were granted, a Revocable Permit to legalize the encroachment. The permit was good for a ten (10) year period and there were no costs associated with it. In the spring of 2018, City Real Estate Services staff realized that the Millers’ Revocable Permit had expired, and notified them that they needed to renew it. By this time, the City had changed their policy, and had begun to charge residents to lease portions of the right- of-way for encroachments. The Millers chose to request that the City vacate and sell them the portion of right-of-way that they occupy, rather than enter a lease agreement for it. SCOPE OF REQUEST: The applicants are requesting the vacation of a portion of park strip that abuts their property at 538 E. 14th Avenue. Existing improvements (6-foot fence, landscaping)currently occupy an area that measures approximately 23 feet wide by 50 feet long, or about 1,150 square feet. When Planning Staff routed the proposal out for review by City Divisions, Engineering and Transportation both suggested that they could support the vacation if 6 feet (6’) of width was reserved for a potential future sidewalk. The applicants agreed to amend their request to accommodate those comments, resulting in an area that measures approximately 17 feet wide by 50 feet long, or about 850 square feet. If the vacation is approved by the City Counciland the City sells the property, the applicants would need to remove all fencing and landscaping that falls within 6’ of the back of curb on H Street. On this section of H Street, the right-of-way is approximately 84 feet wide, measured from front property line to front property line(the street itself is approximately 32 feet wide). There is a nearly continuous sidewalk on the east side of H Street for many blocks, but almost no sidewalks present on the west side of the street. The area is not part of a subdivision. If approved by Council, the applicant will be required to pay fair market value for the land. At the time that this report was published, Salt Lake City’s Real Estate Services Division (part of Housing and Neighborhood Development) estimated that 850 square feet of City-owned property would cost $23,995.50 ($28.23/sf). KEY CONSIDERATIONS: Important considerationslisted below have been identified through the analysis of the project. 1.Utah State Code:Section 10-9a-609.5 of the Utah Code Annotated establishes the power for cities to vacate streets upon the request of the governing body or a property owner. The City Council must determine that good cause exists for the vacation, and neither the public interest nor any person will be materially injured by the vacation. Aerial imagery shows that Current area of encroachment Proposed edge of vacation(approx.) 17 ft. 6 ft. 2 encroachments consisting of accessory structures and fencing have existed in this portion of right-of-way since at least 1999. Owners of 538 E. 14th Avenue have been utilizing this area that is fenced off from public use for at least 20 years, and Staff finds that a transfer to private ownership would not be detrimental to public interest, especially since it would result in the applicant compensating the City for the property at a market rate. 2.City Council Policies: In 1999, the City Council adopted a street closure policy, which applies to street vacations. See Attachment D. 3.City Master Plans: The Avenues Master Plan (1987) does not include any specific policies or action items related to street vacations or the sale of City-owned property to private property owners. A section on Bicycle Paths and Pedestrian Circulation identifies all of H Street as a potential urban trail corridor, which the plan describes as bicycle paths and/or pedestrian trails that provide access to schools, parks, and open space amenities in the community, as well as major nearby destinations like the State Capitol, downtown, and Ensign Peak. The plan states that these corridors should receive priority for sidewalk installation or improvement. Currently, much of the east side of H Street contains sidewalks, while not many exist on the west side of the street. Even so, the applicants have agreed to amend the original vacation request to accommodate a potential future sidewalk on the west side of H Street—Staff finds that the amended request supports this section of the Avenues Master Plan. The Salt Lake City Urban Design Element (1990) includes a section titled Street as Elements of Open Space, with a Policy Concept that states, “Decline to vacate streets, alleys, and other public right-of-way unless it is demonstrated that the vacation will result in a public benefit.” Though this proposal does not violate public policies, it does not have a stated public benefit. However, the property isn’t needed for a public purpose, and the City would benefit financially from the sale of the land—proceeds would be placed in the General Fund. DISCUSSION: The proposal has been reviewed according to Utah State Code, the City Council policies regarding street closures (Attachment D), and applicable city master plans, and staff finds that although there are no public policies that will be explicitly accomplished with the partial street vacation, it does not violate any public policies. Further, the city will benefit financially from the sale of the property to the applicant. NEXT STEPS: With a recommendation of approval or denial of the street vacation from the Planning Commission, the proposal will be sent to the City Council for a final decision by that body. 3 ATTACHMENT A: CONTEXT MAP 14th Ave. Kay Rees Park Applicants’ property 4 ATTACHMENT B: SITE PHOTOGRAPHS View of subject area from the north—if vacation is approved, applicants would need to remove all encroachments that fall within 6 feet of the back of curb. View of subject area from the south 5 ATTACHMENT C: APPLICATION MATERIALS 6 7 8 ATTACHMENT D: ANALYSIS AND FINDINGS In 1999, the City Council adopted a street closure policy that includes the following provisions: 1. It is the policy of the City Council to close public streets and sell the underlying property. The Council does not close streets when the action would deny all access to other property. Analysis: The portion of right-of-way that the applicants have requested the City vacate does not contain any vehicular access ways—it is a part of the park strip that has been surrounded by a 6-foot fence for at least 10 years. Finding: The proposed vacation would not deny vehicular or pedestrian access to any adjacent properties. 2. The general policy when closing a street is to obtain fair market value for the land, whether the abutting property is residential, commercial or industrial. Analysis: If approved by the City Council, approximately 850 square feet of right- of-way would be declared surplus and sold at a fair market value to the applicant. Finding: The City would give up ownership of this property and obtain fair market value for the sale of the property to the applicant. 3. There should be sufficient public policy reasons that justify the sale and/or closure of a public street and it should be sufficiently demonstrated by the applicant that the sale and/or closure of the street will accomplish the stated public policy reasons. Analysis: As outlined in the ‘Key Considerations’ section above, the Avenues Master Plan (1987) does not include any specific policy direction when it comes to the vacation of City-owned right-of-ways. However, H Street is identified as a potential urban trail corridor, meant to facilitate bicycle and pedestrian connections throughout the community. Staff finds that the amended request, which provides adequate space for the City to construct a sidewalk in the future, supports this section of the Master Plan. The Salt Lake City Urban Design Element (1990) indicates that the City should decline to vacate right-of-ways unless it will result in a public benefit. While there is no direct public benefit that would be gained, the City would benefit financially from the sale of the property to applicant. Finding: The proposed right-of-way vacation does not conflict with the Avenues Master Plan but does not result in a direct public benefit per the Salt Lake City Urban Design Element. However, the property isn’t needed for a public purpose and the city would benefit from the sale of the land the proceeds from which would go into the General Fund. 4. The City Council should determine whether the stated public policy reasons outweigh alternatives to the closure of the street. Analysis: As an alternative to the proposal, the City and applicant could enter into 9 a lease agreement for the land occupied by and enclosed by the fencing and landscaping. All maintenance of the subject property would be by the lessee (the applicants) subject to required permits for any work. In exchange for exclusive use of the subject property, the lessee (the applicants) would be required to pay annual rent based on fair market value. A second alternative is for the applicants to remove the fencing and landscaping from the public right-of-way. This would involve re-locating the fence so that it is entirely on private property, and landscaping the park strip in a way that complies with the Zoning Ordinance. Finding: Alternatives to the requested vacation maintain City ownership of the 850 sf portion of public right-of-way and require the applicant to either enter into a lease agreement for the encroachment or re-locate the fence and landscape the park strip. From a Planning perspective, Staff finds that the right-of-way is very wide in this portion of the upper Avenues, which doesn’t experience a lot of vehicular traffic. For these reasons, it is highly unlikely that this portion of H Street will ever need to be widened. In addition, 6 feet (6’) of width would be reserved in case the City ever decides to construct a sidewalk on the west side of the street. Aerial imagery shows that there have been improvements that encroach into/prevent access to the public right-of-way in this area for 20+ years, and the City now has an opportunity to benefit financially from this occupation. 10 ATTACHMENT E: PUBLIC PROCESS AND COMMENTS Public Notice & Comments August 10, 2018 – Notice of the project was provided to the Greater Avenues Community Council Chair. No response was received. o On this date, letters were also mailed to property owners and residents within a 300 foot radius of the site. One neighbor called with general questions about the street vacation process, but he did not provide any comments. March 27, 2019 – Public hearing notices mailed for the Planning Commission meeting / Notice also posted on City & State web sites and emailed to Planning Division list serve March 29, 2019 – Public hearing notice sign posted at subject property At the time that this report was published, no other public comments had been received. If any are submitted after this date, they will be forwarded to the Commission and included in the public record. 11 ATTACHMENT F: DEPARTMENT REVIEW COMMENTS Real Estate Services: The only comment RES has is the fee. Since this process takes a while to complete, we will be selling the land at current market value at time of disposition. Right now the 850 sq. ft. of land has an approximate value of $28.23 per sq. ft. compared to 2017 at $25.02. Engineering / Transportation: Both of these Divisions commented that they would advise against selling land that would preclude ever having a public sidewalk run in the park strip to the east of the subject property. Both were comfortable with the vacation if 6 feet (6’), measured from the back of curb, was reserved for this purpose. The applicant agreed to reduce the requested area to be vacated by a 6’ width. Public Utilities: Planning Staff asked Public Utilities the feasibility of vacating the entire length of park strip on the east side of the subject property vs. only vacating the current area of encroachment. They indicated that the entire length of park strip cannot be vacated due to the existence of a water main that runs through the corner (can be seen in exhibit to right). Public Utilities has no concerns with vacating the 850 sf of area described in this staff report. Zoning: No comments received. Fire: No comments received. 12 4. PLANNING COMMISSION C. AGENDA AND MINUTES SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City & County Building April 10, 2019, at 5:30 p.m. (The order of the items may change ) FIELD TRIP - The field trip is scheduled to leave at 4:00 p.m. DINNER - Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m. in Room 126 of the City and County Building. During the dinner break, the Planning Commission may receive training on city planning related topics, including the role and function of the Planning Commission. PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM IN ROOM 326 APPROVAL OF MINUTES FOR MARCH 27, 2019 REPORT OF THE CHAIR AND VICE CHAIR REPORT OF THE DIRECTOR PUBLIC HEARINGS 1. Street Vacation at 538 E. 14 th Avenue Case number PLNPCM2018-00561 2. Conditional Use for a Group Home at 661 E 100 S Case number PLNPCM2019-00104 Salt Lake City Planning Commission April 10, 2019 Page 1 SALT LAKE CITY PLANNING COMMISSION MEETING City & County Building 451 South State Street, Room 326, Salt Lake City, Utah Wednesday, April 10, 2019 5:32:06 PM Field Trip 661 East 100 South Q: A: 538 East 14th Avenue APPROVAL OF THE MARCH 27, 2019, MEETING MINUTES. 5:33:20 PM MOTION 5:33:30 PM Commissioner Lyon moved to approve the March 27, 2019, meeting minutes. Commissioner Hoskins seconded the motion. Commissioners Lyon, Paredes, motion passed unanimously. REPORT OF THE CHAIR AND VICE CHAIR 5:34:02 PM REPORT OF THE DIRECTOR 5:34:13 PM Salt Lake City Planning Commission April 10, 2019 Page 2 5:43:13 PM Street Vacation at 538 E. 14th Avenue Case number PLNPCM2018-00561 PUBLIC HEARING 5:51:33 PM MOTION 6:00:24 PM Commissioner Lyon stated, based on the information in the staff report, public testimony, and discussion by the Planning Commission, I move that the Planning Commission forward a positive recommendation to the City Council to approve PLNPCM2018-00561 Street Vacation at 538 East 14 th Avenue and with this recommendation that staff, and the City Council explore using an easement as an option. Staff asked Commissioner Lyon for clarification on the easement request. He indicated that he would like staff and Council to consider the option of vacating the entire current area of encroachment but placing an easement over the area that is wide enough to accommodate the construction of a sidewalk, if the City chooses to do so in the future. Salt Lake City Planning Commission April 10, 2019 Page 3 Commissioner Scheer seconded the motion. Commissioners Barry, Scheer, Hoskins, Bell, Clark, Urquhart, Ruttinger, Paredes and Lyon. The motion passed unanimously. Commissioner Lyon stated that the Commission is fine with the request as originally proposed without the use of an easement, but would like the option to be explored. 6:02:34 PM Conditional Use for a Group Home at 661 E 100 S Case number PLNPCM2019-00104 PUBLIC HEARING 6:31:35 PM Salt Lake City Planning Commission April 10, 2019 Page 4 MOTION 6:45:37 PM Commissioner Bell stated, based on the information presented, and the input received during the public hearing, I move that the Commission approve the request for Conditional Use for a Large Group Home at 661 East 100 South, as presented in petition PLNPCM2019-00104, with the conditions listed in the staff report. Commissioner Barry seconded the motion. Commissioners Barry, Scheer, motion passed unanimously. The meeting adjourned at 6:47:52 PM 5. ORIGINAL PETITION CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF NOTE CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Russell Weeks Senior Advisor DATE:September 22, 2021 at 9:57 PM RE:Off-Street Parking Regulations NEW INFORMATION This note is a follow-up to two small-group meetings August 24 and August 25 between City Council Members and the Administration about issues pertaining to the proposed off-street parking ordinance. To recap, at the end of the City Council’s April 13 work session on this item the Council Chair and others said they would like to have a couple small group meetings with the Administration to talk through the ordinance to get a better understanding of it. The Planning Division participated in the meetings and has prepared a draft report of the issues. The goal of the September 20 meeting is to have everyone familiarize themselves with the issues, including three issues that have arisen since the August meetings. After the Tuesday work session the Council then would conduct straw polls on the issues at the next Council work session. The following is Council staff’s summary of the two August small-group meetings. The items are listed in order of Council Members’ discussion of the issues. Again, staff has has attached the Administration’s draft updated issue summaries of the August meetings, a brief presentation, and a map of the “parking contexts” the proposed ordinance contemplates. Off-street parking in areas zoned for industrial use Item Schedule: Briefing: February 9, 2021, April 13, 2021, September 20, 2021 Set Date: February 16, 2021 Public Hearing: March 16, 2021 Page | 2 The Administration will present information on this item. Off-street parking for lots of less than 10,000 square feet Summary of Outstanding Issues: There is a concern that small lots (5,000 – 10,000 SF) along certain corridors (1100 East, Main, 900 South etc.) would have a difficult time providing parking if redeveloped. Planning Staff Recommendation: Leave as proposed and rely on reductions granted elsewhere in ordinance Small Group No. 1: Did not reach unanimity on the issue but tended toward an earlier proposal by Council Member Mano to allow lots between 5,000 – 10,000 SF to provide 50% of the required minimum parking. Small Group No. 2: Supported the 50 percent minimum requirement but were intrigued by an idea by Planning Director Nick Norris to exempt the first 5,000 square feet of a building instead of a property lot from required minimum parking. Both ideas may be part of the Administration’s transmittal. Central Ninth area off-street parking Summary of Outstanding Issues: There is concern that insufficient off-street parking is being provided for multi-family developments in the Central Ninth area. Planning Staff Recommendation: Leave zoning as proposed. Small Group No. 1: Noted that the public wants to see minimum parking requirements for studio and one-bedroom apartments. Suggested exploring designating at least parts of the Central Ninth area as residential parking only during certain hours. Planning staff said the Transportation Division could conduct a parking utilization study, but obtaining a residential parking only designation has a high threshold, and that residential parking areas usually are around major traffic generators such as universities and public schools. In addition, the Transportation Division still is working on a study of parking in the Central Ninth area. Small Group No. 2: Noting that the Central Ninth area is served by all existing TRAX lines in the City and several bus routes, the group agreed with the Planning Division staff recommendation. Parking Adjustments Cap of 40% (Senior and Affordable Housing) Summary of Outstanding Issues: The current proposal allows for 25% parking reductions for affordable or senior housing, and an additional 15% when located within one-quarter mile of high- frequency bus routes. Affordable or Senior housing not within proximity of high-frequency bus routes could still combined with other listed parking alternatives but would still be limited to an overall reduction of 40%. There is concern that these reductions are insufficient to address shortages for affordable or senior housing. Planning Staff Recommendation: Allow for the reductions for affordable or senior housing to be added to any other allowed reductions. This would allow for combined reductions up to 65%. Page | 3 Small Group No. 1: Agreed that allowing for a 65 percent reduction in parking for senior and affordable housing was a good compromise. Small Group No. 2: Agreed with a 65 percent reduction in parking. Ballpark Area off-street parking Summary of Outstanding Issues: Due to the underlying zoning, the Ballpark area would be part of the General context and therefore allow for the highest parking counts. This is not consistent with the other goals for the area, especially the portion that is included in the South State Street Corridor Overlay. Planning Staff Recommendation: Include the South State Street Corridor Overlay in the Neighborhood Center context. Small Group No. 1: Agreed with staff recommendation. Small Group No. 2: Agreed with staff recommendation. Bicycle Parking Summary of Outstanding Issues: There is concern that the proposed minimum required bicycle parking is too low, specifically for commercial and industrial uses, and that it should be increased to help meet City goals and objectives. Planning Staff Recommendation: Increase required bicycle parking for commercial and industrial uses. (Please see table in Administration attachment.) Small Group No. 1: Agreed with staff recommendation. Small Group No. 2: Agreed with staff recommendation. Commercial vehicle loading berths at multifamily buildings Summary of Outstanding Issues: Both the initial threshold and when additional loading berths are required for multi-family residential uses may be too restrictive. . Planning Staff Recommendation: Raise both the initial threshold and when additional loading berths are required. Small Group No. 1: Agreed with staff recommendation. Small Group No. 2: Agreed with staff recommendation. Parking Maximums for Restaurants in Neighborhood Center Context Summary of Outstanding Issues: Proposed parking maximums of 7 stalls per 1,000 SF for restaurants in Neighborhood Center context may be too high and counter efforts to improve mass transit, air quality, and urban design. Planning Staff Recommendation: Reduce maximum allowed from 7 stalls per 1,000 SF to 5 stalls per 1,000 SF for restaurants in the Neighborhood Center context. Page | 4 Small Group No. 1: Time did not allow for discussion. Small Group No. 2: Agreed with staff recommendation. ADA Parking Summary of Outstanding Issues: There is a concern that small parking lots will not be providing sufficient ADA compliant parking stalls. Under the current proposal, parking lots with four or fewer parking spaces are not required to identify an accessible parking space, however, if parking is provided, a minimum of one parking space will be required to comply with ADA standard dimensions. This is consistent with national ADA standards. Any business that provides goods or services to the public must make ADA accommodations. Planning Staff Recommendation: Leave as proposed. Small Group No. 1: Time did not allow for discussion. Small Group No. 2: Agreed with staff recommendation. Effective Date of Ordinance Summary of Outstanding Issues: Projects which may already be substantially designed at the time of adoption of the proposed ordinance may be significantly impacted by the proposed changes. Applicants would like a defined time frame in which they may design entirely to either the existing or proposed parking ordinance. Planning Staff Recommendation: Allow applicants to apply the current or proposed ordinance for the four-month period following the adoption of the proposed off-street parking ordinance. This would be based on complete applications submitted to either the Planning division or Building Services. Small Group No. 1: Discussed briefly as the meeting ended. Small Group No. 2: Asked for information about how the recommended four month period was determined. Multi-Family Parking Maximums Summary of Outstanding Issues: There is concern that allowed maximum parking for multi-family uses may be too high, particularly for the Transit or Urban Center contexts. Planning Staff Recommendation: Leave as proposed. Small Group No. 1: Time did not allow for discussion. Small Group No. 2: Time did not allow for discussion. Social Club Definition Page | 5 Summary of Outstanding Issues: The proposed ordinance lists “Social Club” as a use identified in Table 21A.44.040-A but is no longer a use defined elsewhere in Title 21A Zoning. This is merely a technicality that needs to be addressed. Planning Staff Recommendation: Remove “Social Club” as a use in table 21A.44.040-A This is a housekeeping item and does not warrant discussion. DRAFT Off-Street Parking- DRAFT September 21, 2021 OUTSTANDING ISSUES: Since the recommendation for approval of the Off-Street Parking ordinance was given by the Planning Commission, a list of 14 outstanding issues with the proposal have arisen. These issues have been identified by either the Administration, Development Community, City Council, Planning Office, or the Public. Potential solutions for some of the issues were discussed during the briefings, while others were discussed only during small group discussions which took place on August 24th and 25th, 2021. The Planning Office is now recommending these issues be discussed by the Council as a whole. A brief summary of the issue, potential solutions, and Planning Staff’s recommendation for each has been provided. Identified issues include: a. Parking for Lots Under 10,000 Square Feet b. Central Ninth c. Parking Adjustments Cap of 40% (Senior or Affordable Housing) d. Ballpark Area Zoning e.Storage & Warehousing Parking Minimums f. Bicycle Parking g. Loading Berths h. Parking Maximums for Restaurants Uses in Neighborhood Center Context i. ADA Parking j. Effective Date k. Multi-Family Parking Maximums l. Social Clubs Definition m. Congregate Care Facilities n. Special Exception Language DRAFT A. Parking for Lots Under 10,000 Square Feet Concern Raised by City Council Summary of Outstanding Issues There is a concern that small lots (5,000 – 10,000 SF) along certain corridors (1100 East, Main, 900 South etc.) would have a difficult time providing parking if redeveloped. Commercial or multi-family lots under 5,000 SF would already be exempt from minimum parking per 21A44.020.A.4.a. There has also been discussion that exemptions from parking minimums would be more appropriately tied to building size, which would be more consistent with the rest of the parking standards. Potential Solution(s) Allow lots between 5,000 – 10,000 SF to provide 50% of the required minimum parking shown in Table 21A.44.040-A Have no parking minimums for lots under 10,000 SF Relax parking requirements for buildings under _____ square feet, rather than basing it on lot size Leave as proposed and rely on reductions allowed elsewhere in ordinance Staff Recommendation Leave as proposed and rely on reductions granted elsewhere in ordinance DRAFT B. Central Ninth Concern Raised by City Council Public Summary of Outstanding Issues There is concern that insufficient off-street parking is being provided for multi-family developments in the Central Ninth area. Currently, much of the Central Ninth area is designated as a Transit Context area. The context limits off-street parking because of the Central Ninth area’s nearness to mass transit lines, including light rail and a bus line on 900 South. However, some people have raised concerns about the availability of vehicle parking in the area. The Central Ninth area consists of three main zoning designations (and context areas): FB-UN2 (Transit), FB-Un1 (Neighborhood Center), and D-2 (Urban Center). The primary concern has been with the lack of parking required for multi-family developments in the FB-UN2 zone. DRAFT Minimum Parking Requirement Maximum Parking Allowed Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR- 3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G- MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R-MU Multi-family Studio and 1 bedroom: 1 space per DU, 2+ bedrooms: 1.25 spaces per DU Studio and 1+ bedrooms: 1 space per DU Studio: No Minimum 1 bedroom: 0.5 space per DU 2+bedrooms: 1 space per DU No Minimum All Contexts: Studio & 1 bedroom: 2 spaces per DU 2+ bedrooms: 3 spaces per DU The area is among the best-serviced areas in the city for mass transit and has experienced significant investment from the city and UTA. The 900 South TRAX station is 1 of 4 stations serviced by all 3 TRAX lines. There are 2 high-frequency (15-minute or less) bus routes that run through Central Ninth. The Transit Master Plan envisions the possibility of an additional TRAX line and high-frequency bus routes through the Central Ninth area. DRAFT Other considerations include: The area currently has a poor mix of land uses, which complicate access to activities for daily living The FB-UN2 zone requires smaller scale development than many of the other zones in the Transit context Official recommendations have yet to be received from the third-party parking study Potential Solution(s) Include some parking requirements for studio or 1- bedroom units in the Transit context Leave as proposed Staff Recommendation Leave as proposed DRAFT C. Parking Adjustments Cap of 40% (Senior and Affordable Housing) Concern Raised by City Council Public Summary of Outstanding Issues The current proposal allows for 25% parking reductions for multi-family dwellings that include affordable or senior housing, and an additional 15% when located within one-quarter mile of high-frequency bus routes. Affordable or Senior housing not within proximity of high-frequency bus routes could still be combined with other listed parking alternatives but would still be limited to an overall reduction of 40%. There is concern that these reductions are insufficient to address shortages for affordable or senior housing. Additional reductions would only be necessary for the General, Neighborhood Center, or Urban Center context, as the Transit context does not propose parking minimums for these uses as shown below: Minimum Parking Requirement Maximum Parking Allowed Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR- 3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G- MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R-MU Multi-family Studio and 1 bedroom: 1 space per DU, 2+ bedrooms: 1.25 spaces per DU Studio and 1+ bedrooms: 1 space per DU Studio: No Minimum 1 bedroom: 0.5 space per DU 2+bedrooms: 1 space per DU No Minimum All Contexts: Studio & 1 bedroom: 2 spaces per DU 2+ bedrooms: 3 spaces per DU Potential Solution(s) Allow for 40% reductions for affordable or senior housing to be added to any other allowed reductions. This would allow for combined reductions up to 80%. Leave as proposed Staff Recommendation Allow for 40% reductions for affordable or senior housing to be added to any other allowed reductions. This would allow for combined reductions up to 80%. DRAFT D. Ballpark Area Zoning Concern Raised by City Council Summary of Outstanding Issues Due to the underlying zoning, the Ballpark area would be part of the General context and therefore allow for the highest parking counts. This is not consistent with the other goals for the area, especially the portion that is included in the South State Street Corridor Overlay. It is anticipated that the zoning will change in the future, which would shift the area into a parking context that requires less parking; however, that will not occur prior to the adoption of the new parking regulations. Potential Solution(s) Include the South State Street Corridor Overlay in the Neighborhood Center context as shown below: Leave as proposed until the area experiences rezoning Staff Recommendation Include the South State Street Corridor Overlay in the Neighborhood Center context Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35, R-MU- 45, SR-3, FB-UN1, FB-SE, SSSC Overlay D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R-MU DRAFT E. Storage & Warehousing Parking Minimums Concern Raised by Planning Office Summary of Outstanding Issues There is concern that proposed parking minimums for Storage & Warehousing uses are too high. The proposed ordinance uses a different formula than existing regulations and could result in minimum parking requirements nearly four times higher than with current regulations. At the same time, parking demand for warehousing uses has generally decreased due to automation, alternative transportation options, and other factors. The proposed requirements are shown in the table below: Minimum Parking Requirement Maximum Parking Allowed Land Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35, R-MU- 45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G- MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R-MU Air cargo terminals and package delivery facility 1 space per 1,000 sq. ft., plus 1 space per fleet vehicle generally stored on-site No Maximum Building materials distribution Flammable liquids or gases, heating fuel distribution and storage Package delivery facility Warehouse Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate) Wholesale distribution Warehouse, accessory 0.5 spaces per 1,000 sq. ft. of warehouse/wholesale No minimum DRAFT Potential Solution(s) Change required parking to No Minimum for Storage and Warehousing uses in all contexts Decrease the minimum parking for Storage and Warehousing uses to some other fraction Leave as proposed Staff Recommendation Change required parking to No Minimum for Storage and Warehousing uses in all contexts DRAFT F. Bicycle Parking Concern Raised by Administration Planning Office Public Summary of Outstanding Issues There is concern that the proposed minimum required bicycle parking is too low, specifically for commercial and industrial uses, and that it should be increased to help meet City goals and objectives. The proposed method for calculating bicycle parking is based on use, context, and building size or residential unit count. The proposed requirements are shown in the table below: ) Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU- 35, R-MU-45, SR-3, FB- UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R- MU Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units Public, Institutional, and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft. Commercial Uses 1 per 20,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft. Industrial Uses No requirement No requirement No requirement No requirement *For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to the nearest whole number, with one-half counted as an additional space The table reflects progressive and generally increased bicycle parking requirements for most uses in most of the context areas; however, the required bike parking for commercial uses in the General Context area is low (1 per 20,000 sq. ft.) and no minimum bicycle parking is required for industrial uses in all context areas. The original reasoning behind this was that these uses in these areas may not generate as much bicycle traffic, so bicycle parking would be provided by the developer/business owner on an as-needed basis. To be more consistent with city-wide goals related to air-quality and bike-friendliness, the City Council may want to consider increasing the minimum required bicycle parking for industrial and commercial uses. DRAFT Potential Solution(s) Increase required bicycle parking for commercial and industrial uses within each context Leave as proposed Administration/Staff Recommendation Increase required bicycle parking for commercial and industrial uses as shown below: ) Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU- 35, R-MU-45, SR-3, FB- UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R- MU Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units Public, Institutional, and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft. Commercial Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft. Industrial Uses 1 per 15,000 sq. ft.1 per 8,000 sq. ft.1 per 5,000 sq. ft. 1 per 3,000 sq. ft. *For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to the nearest whole number, with one-half counted as an additional space DRAFT G. Loading Berths Concern Raised by Administration Development Community Planning Office Summary of Outstanding Issues The proposed number of loading berths required for multi-family developments could be excessive, resulting in underutilized space. Current zoning regulations base the requirement to provide loading berths on building size (square feet) rather than unit count. The current requirement is 1 shorth berth for buildings between 100,000 – 200,000 SF and 1 additional berth for each increase of 200,000 SF. This means that a loading berth is not required for buildings less than 100,000 square feet regardless of the number of dwelling units in the building. The lack of loading berths for some residential developments has placed a burden on the public right-of-way. As a result, the following changes to the loading berth requirements were proposed as part of the parking regulations rewrite: These standards are based off similar size cities with newer parking ordinances. However, after re-examining it, these may be too demanding and may require too much space to be dedicated to loading berths and therefore inhibit City housing and development goals. Potential Solution(s) Raise the initial threshold for when a loading berth is required Raise the threshold for when additional loading berths are required Leave as proposed Administration/Staff Recommendation Raise both the initial threshold and when additional loading berths are required as shown below: Multi-family Residential # of Dwelling Units (Per Building) Number and Size of Berths 80-200 1 short Greater than 200 1 additional short per 200 units Multi-family Residential # of Dwelling Units (Per Building)Number and Size of Berths 40-150 1 short 151-300 2 short Greater than 300 1 additional short per 200 units DRAFT H. Parking Maximums for Restaurant Uses in Neighborhood Center Context Concern Raised by Planning Office Summary of Outstanding Issues Proposed parking maximums of 7 stalls per 1,000 SF for restaurants uses (restaurants/taverns/brewpubs) in the Neighborhood Center context may be too high and counter efforts to improve mass transit, air quality, and urban design. The current proposal is based on the recommendations from the consultant group, which identified restaurant parking maximums as too low. The consultant recommended maximums of 5 stalls per 1,000 SF for the Transit and Urban Center contexts and 7 stalls per 1,000 SF in Neighborhood Center and General contexts. Potential Solution(s) Reduce maximum parking allowed from 7 stalls per 1,000 SF to 5 stalls per 1,000 SF in Neighborhood Center context Leave as proposed Minimum Parking Requirement Maximum Parking Allowed Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR- 3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G- MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R-MU Restaurants/ Taverns/ Brewpub Indoor tasting/seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasking/seating area: 2 spaces per 1,000 sq. ft. Indoor tasting/seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasking/seating area: 1 space per 1,000 sq. ft. No Minimum Transit and Urban Center Context: 5 spaces per 1,000 sq. ft indoor tasting/seating area Neighborhood Center and General Context: 7 spaces per 1,000 sq. ft. indoor tasting/seating area All Contexts: Outdoor tasting/ seating area: 4 spaces per 1,000 sq. ft DRAFT Staff Recommendation Reduce maximum parking allowed from 7 stalls per 1,000 SF to 5 stalls per 1,000 SF for restaurants in the Neighborhood Center context as shown below: Minimum Parking Requirement Maximum Parking AllowedUse General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR- 3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G- MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R-MU Restaurants/ Taverns/ Brewpub Indoor tasting/seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasking/seating area: 2 spaces per 1,000 sq. ft. Indoor tasting/seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasking/seating area: 1 space per 1,000 sq. ft. No Minimum Transit, Urban Center, and Neighborhood Center Contexts: 5 spaces per 1,000 sq. ft indoor tasting/seating area General Context: 7 spaces per 1,000 sq. ft. indoor tasting/seating area All Contexts: Outdoor tasting/ seating area: 4 spaces per 1,000 sq. ft DRAFT I. ADA Parking Concern Raised by City Council Summary of Outstanding Issues There is a concern that small parking lots will not be providing sufficient ADA compliant parking stalls. Under the current proposal, parking lots with four or fewer parking spaces are not required to identify an accessible parking space, however, if parking is provided, a minimum of one parking space will be required to comply with ADA standard dimensions. This is consistent with national ADA standards. Any business that provides goods or services to the public must make ADA accommodations. Potential Solution(s) Lower the minimum number of parking spaces required before they are to be identified as and/or be ADA compliant Leave as proposed Staff Recommendation Leave as proposed DRAFT J. Effective Date Concern Raised by City Council Development Community Summary of Outstanding Issues Projects which may already be substantially designed at the time of adoption of the proposed ordinance may be significantly impacted by the proposed changes. Applicants would like a defined time frame in which they may design entirely to either the existing or proposed parking ordinance. Potential Solution(s) Make ordinance effective on date of adoption Allow a timeframe in which applicants can apply the current or proposed ordinance Staff Recommendation Allow applicants to apply the current or proposed ordinance for the four-month period following the adoption of the proposed off-street parking ordinance. This would be based on complete applications submitted to either the Planning division or Building Services. DRAFT K. Multi-Family Parking Maximums Concern Raised by City Council Summary of Outstanding Issues There is concern that allowed maximum parking for multi-family uses may be too high, particularly for the Transit or Urban Center contexts. The proposed parking maximums were based on recommendations from the consultant and are lower than many “transit rich” U.S. cities. It was deemed unnecessary establish different maximums in each parking context, as higher land prices near transit would naturally ensure less land would be devoted to surface parking. The table below shows the maximum parking allowed in in the proposed ordinance: Minimum Parking Requirement Maximum Parking Allowed Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR- 3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G- MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R-MU Multi-family Studio and 1 bedroom: 1 space per DU, 2+ bedrooms: 1.25 spaces per DU Studio and 1+ bedrooms: 1 space per DU Studio: No Minimum 1 bedroom: 0.5 space per DU 2+bedrooms: 1 space per DU No Minimum All Contexts: Studio & 1 bedroom: 2 spaces per DU 2+ bedrooms: 3 spaces per DU Potential Solution(s) Reduce the maximum parking allowed for any, or all, parking contexts Leave as proposed Staff Recommendation Leave as proposed DRAFT L. Social Club Definition Concern Raised by Planning Office Summary of Outstanding Issues The proposed ordinance lists “Social Club” as a use identified in Table 21A.44.040-A but is no longer a use defined elsewhere in Title 21A Zoning. This is merely a technicality that needs to be addressed. Potential Solution(s) Remove “Social Club” as a use in Table 21A.44.040-A Staff Recommendation Remove “Social Club” as a use in table 21A.44.040-A DRAFT M. Congregate Care Facilities Concern Raised by Planning Office Summary of Outstanding Issues The proposed ordinance uses the term “Eleemosynary” as a land use in Table 21A.44.040-A but that term was changed to “Congregate Care Facility Small or Large (Ordinance 51 of 2020, November). This is merely a technicality that needs to be addressed. Potential Solution(s) Replace “Eleemosynary” with “Congregate Care Facility (Small or Large)” as a use in Table 21A.44.040-A and the accompanying parking requirements of: Minimum Parking Requirement Maximum Parking Allowed Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR- 3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G- MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R-MU Congregate Care Facility (large) 1 space for each family, plus 1 space for every 4 individual bedrooms, plus 1 space for every 2 support staff present during the busiest shift No Minimum All Contexts: 1 space for each bedroom plus 1 space for each support staff present during the busiest shift Congregate Care Facility (small) 3 spaces per facility and 1 space for every 2 support staff present during the busiest shift Staff Recommendation Replace “Eleemosynary” with “Congregate Care Facility (Small or Large)” as a use in Table 21A.44.040-A and the accompanying parking requirements listed above. DRAFT N. Special Exception Language Concern Raised by Planning Office Summary of Outstanding Issues Proposed language in the Parking ordinance that references the Special Exception process will need to be updated to be consistent with upcoming changes to Special Exceptions anticipated to be adopted by the City Council in the coming weeks. The proposed parking ordinance includes language on two parking related modifications (21A.44.090.B) that were required to go through the Special Exception process at the time the ordinance was presented to the Planning Commission. Language in the proposed 21AA.44.090.B will need to be revised to be consistent with any changes adopted by the City Council in the coming weeks. Potential Solution(s) Remove reference to Special Exception process in 21A.44.090.B. Ensure language is consistent with any revisions to Special Exceptions to be passed by Council. Staff Recommendation Remove reference to Special Exception process in 21A.44.090.B. Ensure language is consistent with any revisions to Special Exceptions to be passed by Council. ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS BLAKE THOMAS CITY COUNCIL TRANSMITTAL Date Received: Lisa Shaffer, Chief Administrative Officer Date sent to Council: TO:Salt Lake City Council DATE: Chris Wharton, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods SUBJECT: Petition PLNPCM2017-00753 – Off-Street Parking, Mobility, and Loading Zoning Text Amendments STAFF CONTACT: Eric Daems, Senior Planner (801) 535-7236, eric.daems@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: The City Council adopt the proposed parking modifications including the complete re-write of Chapter 21A.44 and all associated ordinance language as has been recommended by the Planning Commission. BUDGET IMPACT: None BACKGROUND/DISCUSSION:As transportation and land uses change over time, the demand for parking changes. Cities frequently struggle to strike a balance between too much parking and inadequate parking. Parking requirements that are too high can waste land, increase development costs, lead to demolition of structures to meet parking requirements, increase stormwater runoff, compromise water quality, and discourage pedestrian activity. Parking requirements that are too low may lead to increased traffic congestion, difficulty leasing or selling property, and spillover parking onto adjacent residential streets. Beginning in June 2017, the Planning Division started working with consulting firm Clarion and Associates to perform a comprehensive review and update of Chapter 21A.44 Off Street Parking, Mobility, and Loading and associated sections of the zoning ordinance. The provisions reviewed determine the parking regulations in all areas of the City, but do not include regulations for on- street parking. The process included internal meetings with City divisions most closely involved with the parking chapter and a thorough public engagement plan that is outlined in Attachment G of the Staff Report (Exhibit 4b). Following the completion of the work of the consultant, Planning SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145460, SALT LAKE CITY, UTAH 84114-5460 TEL 801.535.6230 Staff worked to address commentary received, finish the public engagement efforts, and to produce a fully revised parking ordinance. Primary goals of the rewrite includeupdating parking requirements to better reflect market demand and city objectives, simplifying how the ordinance reads and is administered, updating and simplifying technical requirements, and establishing a framework that allows the ordinance to be responsive to changing City dynamics. The Planning Commission Staff Report in Exhibit 4b provides a comprehensive overview and detailed analysis of the proposed zoning text amendments. Additional Considerations:Since the time when the public hearing was held, Planning Staff has identified several items that may warrant additional consideration from the City Council. Bicycle Parking: The current parking ordinance bases bicycle parking standards on vehicle parking stalls provided. The trouble with this approach is that, as reductions to parking are granted through various alternatives, required bicycle parking is also reduced. The approach was creating reduced bicycle parking when it was most needed. The proposed method for calculating bicycle parking is based on use, context, and building size or residential unit count, which is the same method used to calculate vehicle parking. The basic table is shown below: The table reflects progressive and generally increased bicycle parking requirements for most uses in most of the context areas; however, the required bike parking for commercial uses in the General Context area is low (1 per 20,000 sq. ft.) and no minimum bicycle parking is required for industrial uses in all context areas. The original reasoning behind this was that these uses in these areas may not generate as much bicycle traffic, so bicycle parking would be provided by the developer/business owner on an as-needed basis. In order to be more consistent with city-wide goals related to air-quality and bike-friendliness, the City Council may want to consider increasing the minimum required bicycle parking for industrial and commercial uses. Planning Staff recommends the table be revised as follows: ) Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R- MU Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units Public, Institutional, and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft. Commercial Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft. Industrial Uses 1 per 15,000 sq. ft.1 per 8,000 sq. ft.1 per 5,000 sq. ft.1 per 3,000 sq. ft. *For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to the nearest whole number, with one-half counted as an additional space Loading Berths:Two of the attached letters (Exhibit 4e) present a concern with the proposed requirements for off street loading berths for multi-family residential uses. The current ordinance bases the requirement on building size (square feet) rather than unit count. The current requirement is 1 short berth for buildings between 100,,000-200,000 square feet and 1 additional berth for each 200,000 square feet. The 100,000 square foot starting point was placing a burden on the public right-of-way for smaller buildings that still had a high unit count. To that end, the new requirements were developed and are shown below: These standards are based off similar size cities with newer parking ordinances. However, after re-examining it, Planning Staff agrees that these may be too demanding and may require too much space to be dedicated to loading berths and therefore inhibit City housing and development goals. The City Council may want to consider a higher threshold for requiring the initial or additional loading berths. Planning Staff recommends the table be revised as follows: Multi- Family Residential 86 # of Dwelling Units (Per Building) Number and Size of Berths 80-200 1 short Greater than 200 1 additional short per 200 units PUBLIC PROCESS: Development of the proposed Parking Ordinance and associated amendments was the result of a robust community engagement process that involved targeted stakeholders as well as the general public through numerous engagement activities. Attachment G in the Planning Commission Staff Report (Exhibit 4b) provides a summary of the public engagement activities that were conducted throughout the ordinance revision process. The Planning Commission held a public hearing on January 8, 2020. Five people spoke at the public hearing with varying level of support or concern to the proposed ordinance amendments. A summary of those concerns has been included in this memo (Exhibit 4c). The Planning Commission voted unanimously to forward a positive recommendation the City Council to adopt the Chapter 21A.44 Off Street Parking and associated zoning text amendments. Since the Public Hearing, Planning Staff has received six letters from the public in regard to the proposed amendments. Two of the letters reflect comments made during the Public Hearing for the Planning Commission. All of the letters have been included in this memo (Exhibit 4e). EXHIBITS: 1. Project Chronology 2. Notice of City Council Hearing 3. Planning Commission- January 8, 2020 a. Agenda Notice b. Staff Report c. Agenda & Minutes d. Staff Presentation Slides e. Additional Public Comments Received 4. Original Petition 1 SALT LAKE CITY ORDINANCE No. _____ of 202_ (An ordinance amending various sections of the Salt Lake City Code pertaining to off street parking regulations) An ordinance amending various sections of the Salt Lake City Code pursuant to Petition No. PLNPCM2017-00753 pertaining to off street parking regulations. WHEREAS, the Salt Lake City Planning Commission held a public hearing on January 8, 2020 to consider a petition submitted by then-Mayor Jacqueline Biskupski (“Applicant”) (Petition No. PLNPCM2017-00753) to amend portions of Chapters 18.80 (Buildings and Construction: Parking Lot Construction); 20.56 (Subdivisions and Condominiums: Condominiums); 21A.24 (Zoning: Residential Districts); 21A.26 (Zoning: Commercial Districts); 21A.30 (Zoning: Downtown Districts); 21A.31 (Zoning: Gateway Districts); 21A.32 (Zoning: Special Purpose Districts); 21A.36 (Zoning: General Provisions); 21A.37 (Zoning: Design Standards); 21A.38 (Zoning: Nonconforming Uses and Noncomplying Structures); 21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off Street Parking, Mobility and Loading); 21A.52 (Zoning: Special Exceptions); 21A.60 (Zoning: List of Terms); and 21A.62 (Zoning: Definitions) of the Salt Lake City Code to modify regulations pertaining to off street parking; and WHEREAS, at its January 8, 2020 meeting, the planning commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council on said petition; and WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 2 SECTION 1. Amending the text of Salt Lake City Code Section 18.80.020. That Section 18.80.080 of the Salt Lake City Code (Buildings and Construction: Parking Lot Construction: Permit; Required for Construction; Issuance Conditions) shall be, and hereby is amended to read as follows: 18.80.020: PERMIT; REQUIRED FOR CONSTRUCTION; ISSUANCE CONDITIONS: No parking lot or parking area shall be constructed without first obtaining a permit authorizing such construction. No permit shall be issued without first securing the recommendations of the city transportation engineer and no permit shall be issued until the applicant has complied with the provisions of this chapter. SECTION 2. Amending the text of Salt Lake City Code Subsection 20.56.060.B. That Subsection 20.56.060.B of the Salt Lake City Code (Subdivisions and Condominiums: Condominiums: Condominium Conversion Process: Planning Official Duties and Responsibility) shall be, and hereby is amended to read as follows: B. Planning Official Duties and Responsibility: 1. Coordination of Review: The planning official shall review the application material submitted for accuracy and completeness and transmit the submittal to pertinent departments for review and comment. 2. Consistent with State Law: The planning official shall review the application and related documents to determine compliance with requirements of the Utah Condominium Ownership Act, Title 57, Chapter 7 of the Utah Code, and applicable provisions of this chapter. 3. Previous Conditions: The planning official shall review applicable conditions on the use or building imposed by ordinances, variances, and conditional uses. 4. Site Improvements: The planning official shall review the proposed building and site plans and shall have the authority to require additional improvements to be made to the existing site including, but not limited to, landscaping, exterior repairs, and improvements to common areas. This review shall include an analysis of the parking, including internal circulation issues, such as surfacing and control curbs. The analysis shall also include the number of existing parking stalls, noting any deviation from current standards. Based upon this information, the planning official may require 3 construction of additional parking stalls on the site, or may require reasonable alternative parking solutions as outlined in Section 21A.44.050 “Alternatives to Minimum and Maximum Parking Calculations”, of this code. Any additional parking developed on site or alternative parking solutions may not increase the parking impacts on neighboring properties, and will not develop existing common areas used as open space or green space. Additionally, any remodeling proposal which increases the number of bedrooms would require compliance with existing parking requirements. The total number of parking stalls available to the owners of the project shall be disclosed on the condominium plat. SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.164.H. That Subsection 21A.24.164.H of the Salt Lake City Code (Zoning: Residential Districts: R-MU-35 Residential/Mixed Use District: Parking Structures) shall be, and hereby is DELETED. SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.168.H. That Subsection 21A.24.168.H of the Salt Lake City Code (Zoning: Residential Districts: R-MU-45 Residential/Mixed Use District: Parking Structures) shall be, and hereby is DELETED. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.170.E. That Subsection 21A.24.170.E of the Salt Lake City Code (Zoning: Residential Districts: R-MU Residential/Mixed Use District: Parking Structures) shall be, and hereby is amended to read as follows: E. Minimum Yard Requirements: 1. Single-Family Detached Dwellings: a. Front Yard: Fifteen feet (15’). b. Corner Side Yard: Ten feet (10’). c. Interior Side Yard: (1) Corner lots: Four feet (4’). 4 (2) Interior lots: Four feet (4’) on one side and ten feet (10’) on the other. d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not be more than twenty feet (20’). 2. Single-Family Attached, Two-Family and Twin Home Dwellings: a. Front Yard: Fifteen feet (15’). b. Corner Side Yard: Ten feet (10’). c. Interior Side Yard: (1) Single-family attached: No yard is required, however if one is provided it shall not be less than four feet (4’). (2) Two-family: (A) Interior lot: Four feet (4’) on one side and ten feet (10’) on the other. (B) Corner lot: Four feet (4’). (3) Twin home: No yard is required along one side lot line. A ten foot (10’) yard is required on the other. d. Rear Yard: Twenty five percent (25%) of lot depth or twenty five feet (25’), whichever is less. 3. Multi-Family Dwellings and Any Other Residential Uses: a. Front Yard: No setback is required. b. Corner Side Yard: No setback is required. c. Interior Side Yard: No setback is required. d. Rear Yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet (30’). 4. Nonresidential Development: a. Front Yard: No setback is required. b. Corner Side Yard: No setback is required. c. Interior Side Yard: No setback is required. 5 d. Rear Yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet (30’). 5. Existing Lots: Lots legally existing on the effective date hereof, April 12, 1995, shall be considered legal conforming lots. 6. Minimum Lot Area Exemptions: For multiple-unit residential uses, nonresidential and mixed uses, no minimum lot area is required. In addition, no front, corner side or interior side yards or landscaped setbacks are required; except where interior side yards are provided, they shall not be less than four feet (4’). 7. Existing Buildings: For buildings legally existing on the effective date hereof, required yards shall be no greater than the established setback line. 8. Maximum Setback: For single-family, two-family, and twin home dwellings, at least twenty five percent (25%) of the building facade must be located within twenty five feet (25’) of the front lot line. For all other uses, at least twenty five percent (25%) of the building facade must be located within fifteen feet (15’) of the front lot line. Exceptions to this requirement may be authorized as design review, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following: a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture. b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. Appeal of administrative decision is to the planning commission. SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.26.020.F. That Subsection 21A.26.020.F of the Salt Lake City Code (Zoning: Commercial Districts: CN Neighborhood Commercial District: Minimum Yard Requirements) shall be, and hereby is amended to read as follows: F. Minimum Yard Requirements: 6 1. Front or Corner Side Yard: A fifteen foot (15’) minimum front or corner side yard shall be required. Exceptions to this requirement may be authorized as design review, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. 2. Interior Side Yard: None required. 3. Rear Yard: Ten feet (10’). 4. Buffer Yards: Any lot abutting a lot in a Residential District shall conform to the buffer yard requirements of Chapter 21A.48 of this title. 5. Accessory Buildings and Structures in Yards: Accessory buildings and structures may be located in a required yard subject to Section 21A.36.020, Table 21A.36.020.B of this title. 6. Maximum Setback: A maximum setback is required for at least sixty five percent (65%) of the building facade. The maximum setback is twenty five feet (25’). Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following: a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture. b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. Appeal of administrative decision is to the planning commission. SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.025.F. That Subsection 21A.26.025.F of the Salt Lake City Code (Zoning: Commercial Districts: SNB Small Neighborhood Business District: Yard Requirements) shall be, and hereby is amended to read as follows: F. Yard Requirements: 7 1. Front and Corner Side Yard: Front and corner side yard setbacks shall be equal to the required yard areas of the abutting zoning district along the block face. When the property abuts more than one zone the more restrictive requirement shall apply. 2. Interior Side Yard: Interior side yard equal to the required yard areas of the abutting zoning district along the block face. When the property abuts more than one zone the more restrictive requirement shall apply. 3. Rear Yard: Rear yard setbacks shall be equal to the required yard areas of the abutting zoning district along the block face. When the property abuts more than one zoning district the more restrictive requirement shall apply. 4. Buffer Yards: Any lot abutting a lot in a Residential District shall conform to the buffer yard requirements of Chapter 21A.48, “Landscaping and Buffers”, of this title. 5. Accessory Buildings and Structures in Yards: Accessory buildings and structures may be located in a required yard subject to Section 21A.36.020, Table 21A.36.020.B, “Obstructions in Required Yards”, of this title. SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.26.030.F. That Subsection 21A.26.030.F of the Salt Lake City Code (Zoning: Commercial Districts: CB Community Business District: Minimum Yard Requirements) shall be, and hereby is amended to read as follows: F. Minimum Yard Requirements: 1. Front or Corner Side Yard: No minimum yard is required. If a front yard is provided, it shall comply with all provisions of this title applicable to front or corner side yards, including landscaping, fencing, and obstructions. 2. Interior Side Yard: None required. 3. Rear Yard: Ten feet (10’). 4. Buffer Yards: Any lot abutting a lot in a Residential District shall conform to the buffer yard requirements of Chapter 21A.48 of this title. 5. Accessory Buildings and Structures in Yards: Accessory buildings and structures may be located in a required yard subject to Section 21A.36.020, Table 21A.36.020B of this title. 8 6. Maximum Setback: A maximum setback is required for at least seventy five percent (75%) of the building facade. The maximum setback is fifteen feet (15’). Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following: a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture. b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. Appeal of administrative decision is to the planning commission. SECTION 9. Amending the text of Salt Lake City Code Section 21A.26.078. That Section 21A.26.078 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit Station Area District) shall be, and hereby is amended to read as follows: 21A.26.078: TSA TRANSIT STATION AREA DISTRICT: A. Purpose Statement: The purpose of the TSA Transit Station Area District is to provide an environment for efficient and attractive transit and pedestrian oriented commercial, residential and mixed use development around transit stations. Redevelopment, infill development and increased development on underutilized parcels should include uses that allow them to function as part of a walkable, mixed use district. Existing uses that are complementary to the district, and economically and physically viable, should be integrated into the form and function of a compact, mixed use pedestrian oriented neighborhood. Each transit station is categorized into a station type. These typologies are used to establish appropriate zoning regulations for similar station areas. Each station area will typically have two (2) subsections: the core area and the transition area. Due to the nature of the area around specific stations, the restrictions of overlay zoning districts, and the neighborhood vision, not all station areas are required to have a core area and a transition area. 1. Core Area: The purpose of the core area is to provide areas for comparatively intense land development with a mix of land uses incorporating the principles of sustainable, transit oriented development and to enhance the area closest to a transit station as a 9 lively, people oriented place. The core area may mix ground floor retail, office, commercial and residential space in order to activate the public realm. 2. Transition Area: The purpose of the transition area is to provide areas for a moderate level of land development intensity that incorporates the principles of sustainable transit oriented development. The transition area is intended to provide an important support base to the core area and transit ridership as well as buffer surrounding neighborhoods from the intensity of the core area. These areas reinforce the viability of the core area and provide opportunities for a range of housing types at different densities. Transition areas typically serve the surrounding neighborhood and include a broad range of building forms that house a mix of compatible land uses. Commercial uses may include office, retail, restaurant and other commercial land uses that are necessary to create mixed use neighborhoods. B. Station Area Types: A station area typology is the use of characteristics, such as building types, mix of land use, transit service and street network to create generalizations about an area that can be used to define a common vision for development of a transit station area. Each typology recognizes the important difference among places and destinations and takes into account the local context of a station and its surroundings. Refer to the official Salt Lake City zoning map to determine the zoning of the land within each station area. 1. Urban Center Station (TSA-UC): An urban center station contains the highest relative intensity level and mix of uses. The type of station area is meant to support downtown Salt Lake and not compete with it in terms of building scale and use. 2. Urban Neighborhood Station (TSA-UN): An evolving and flexible development pattern defines an urban neighborhood station area. Urban neighborhoods consist of multilevel buildings that are generally lower scale than what is found in the urban center station area. The desired mix of uses would include ground floor commercial or office uses with the intent of creating a lively, active, and safe streetscape. 3. Mixed Use Employment Center Station (TSA-MUEC): A mixed use employment station is an area with a high concentration of jobs that attract people from the entire region. Buildings are often large scale in nature and may have large footprints. Land uses that support the employment centers such as retail sales and service and restaurants are located throughout the station area and should occupy ground floor space in multi-story buildings oriented to the pedestrian and transit user. A mix of housing types and sizes are appropriate to provide employees with the choice to live close to where they work. Building types should trend toward more flexible building types over time. Connectivity for all modes of travel is important due to the limited street network. 4. Special Purpose Station (TSA-SP): The special purpose station is typically centered on a specific land use or large scale regional activity. These areas are generally served by a mix of transit options. Land uses such as restaurants and retail support the 10 dominant land use and attract people to the area. A mix of housing types and sizes are appropriate in certain situations. Future development should be aimed at increasing the overall intensity and frequency of use in the station area by adding a mix of uses that can be arranged and designed to be compatible with the primary use. C. Review Process: The review process for all new development and redevelopment within the Transit Station Area Zoning District is based on the development score which is generated by the “Transit Station Area Development Guidelines” hereby adopted by reference. 1. The following types of development are required to go through this review process: a. Any addition of one thousand (1,000) square feet or more that extend a street facing building facade or are located to the side of a building and are visible from a public space; or b. Additions that increase the height of an existing building or change the existing roofline; c. Additions to the rear of buildings that are not adjacent to a public street, trail or other public space are not required to obtain a development score but must comply with all other applicable regulations. Signs, fences, accessory structures and any other structure or addition not listed in this section are not required to obtain a development score. d. Single-family detached dwellings and two-family dwellings are not required to obtain a development score. 2. Application process steps: a. Presubmittal Conference: All applicants for development within the TSA Transit Station Area Zoning District are required to attend a presubmittal conference with the planning division. The purpose of the presubmittal conference is to notify the applicant of the goals of the station area plans, the standards in this section, and the review and approval process. b. Development Review Application: After a presubmittal conference, the developer can submit a development review application. This application and all submittal requirements will be used to determine the development score. The application shall include a score sheet on which the development guidelines and their assigned values are indicated and two (2) checklists: one for the applicant’s use and one for the planning division’s use. c. Public Noticing: A notice of application for a development review shall be provided in accordance with Chapter 21A.10 of this title. 11 d. Application Review: Table 21A.26.078.C.2.d of this Subsection C summarizes the application review process. All applications shall be processed as follows: (1) Tier 1 Planning Commission Review: If a project is assigned a score less than 125 points, the project can only be approved by the planning commission through the design review process in Chapter 21A.59 of this title. Once the applicant receives written notice of their score, they will be given thirty (30) days to notify the planning division of their intention to proceed with the project through the design review process or make necessary plan adjustments to increase their development score to the minimum level in order to go through an administrative review process. (2) Tier 2 Administrative Review: The planning director has the authority to approve a project scoring 125 points or more without holding a public hearing. The project shall be allowed to go through the standard building permit process. A public hearing is not required because the project incorporates adequate development guidelines or development incentives to be deemed compliant with the vision for the station area. TABLE 21A.26.078.C.2.d APPLICATION REVIEW Development Score Review Process 0 - 124 points Planning commission design review process 125 or more points Administrative review D. Development Score: The purpose of the development score is to allow flexibility for designers while implementing the city’s vision of the applicable station area plans and the purpose of this zoning district. The development score measures the level of compatibility between a proposed project and the station area plan. A “station area plan” is a development, land use, urban design and place making policy document for the area around a specific transit station. The development score is based on the development guidelines and development incentives in the “Transit Station Area Development Guidelines” book, hereby adopted by reference. The “Transit Station Area Development Guidelines” shall be amended following the adopted procedures for zoning text amendments in Chapter 21A.50, “Amendments”, of this title. 1. Formulating the Score: The development score is formulated by calculating all of the development guideline values for a particular project. Each design guideline and incentive is given a value based on its importance. Some guidelines are considered more important and carry a higher value than others. All other applicable zoning regulations shall be complied with by all projects and are not calculated in the development score. 12 2. Project Review: A development score shall be assigned to all projects within the TSA Transit Station Area District after a complete development review application is submitted. The planning director shall provide, in writing, a copy of the review checklist and explanation of the outcome of the score to the applicant within thirty (30) days of submitting a complete application. 3. Appeals: The development score may be appealed. All appeals of the development score are heard by the appeals hearing officer. In hearing the appeal, the appeals hearing officer shall hold a public hearing in accordance with Section 21A.10.030 of this title. In deciding the appeal, the appeals hearing officer shall base its decision on its interpretation of the development guidelines and the development score. 4. Expiration: No development score shall be valid for a period longer than one year unless a building permit has been issued or complete building plans have been submitted to the Division of Building Services. E. Development Standards: 1. Application: The dimensional requirements of this section apply to all new buildings and developments as well as additions to existing buildings. Additions that bring the property closer to compliance are allowed. The following development standards apply to the core and transition areas of all station types. 2. Building Height: The minimum and maximum building heights are found in Table 21A.26.078.E.2, “Building Height Regulations”, of this Subsection E.2. The following exceptions apply: a. The minimum building height applies to all structures that are adjacent to a public or private street. The building shall meet the minimum building height for at least fifty percent (50%) of the width of the street facing building wall. b. Projects that achieve a development score that qualifies for administrative review are eligible for an increase in height. The increase shall be limited to one story of habitable space. The height of the additional story shall be equal to or less than the average height of the other stories in the building. This is in addition to the height authorized elsewhere in this title. TABLE 21A.26.078.E.2 BUILDING HEIGHT REGULATIONS Minimum Height1 Maximum Height Urban center: Core 40’ 90’2 Transition 25’ 60’ 13 Minimum Height1 Maximum Height Urban neighborhood: Core 25’ 75’ Transition 0’ 50’ Mixed use employment center: Core 25’ 75’ Transition 0’ 60’ Special purpose: Core 25’ 75’ Transition 0’ 60’ Notes: 1. Minimum building heights apply to those properties with frontage on the street where fixed rail transit is located. 2. Buildings with a roof that has at least 2 sloping planes may be allowed up to 105 feet. The slope of the plane must have a minimum slope of a 2 feet rise over a 12 foot run. The additional height may include habitable space. The sloping planes must be clearly visible and create a sloped roof shape. The sloping planes shall not be hidden by a parapet wall. 3. Setbacks: a. General Standards for Front/Corner Side Yards: (1) All portions of the yard not occupied by building, driveways, walkways or other similar features must be landscaped or include an active outdoor use, such as outdoor dining, plazas, courtyards or other similar outdoor use. See Subsection F of this section for specific front yard design requirements. (2) Walls up to three feet (3’) in height, patios and other similar elements intended to activate the sidewalk can be located to the property line. (3) Awnings or canopies may be located within any portion of the yard and are not subject to the front or corner side yard restrictions in Subsection 21A.36.020.B, Table 21A.36.020.B of this title. (4) Balconies may project up to two feet (2’) into the required yards and are not subject to the front or corner side yard restrictions in Subsection 21A.36.020.B, Table 21A.36.020.B of this title. 14 (5) All front and corner side yard standards in Table 21A.26.078.E.3.b of this Subsection E may be modified through the design review process of Chapter 21A.59 of this title, except that the front and corner side yard setback for 400 South shall not be reduced below the minimum. b. Table 21A.26.078.E.3.b Setback Standards: TABLE 21A.26.078.E.3.b SETBACK STANDARDS Property Frontage Front/Corner Side Yard Setback Interior Side Yard Rear Yard 400 South Minimum: 10’, and at least 50% of the street facing building facade must be built to the minimum. Minimum: None, except a 25’ setback is required when adjacent to an OS, R-1, R-2, SR, RMF-30, RMF-35 or RMF-45 zoning district. The minimum shall increase 1’ for every 1’ increase in building height above 25’ and is applied to the portion of the building over 25’ in height. Maximum setback: 20’, but may be increased if the additional setback is used for plazas, courtyards, or outdoor dining areas. In locations where the sidewalk is not a minimum of 10’ wide, additional sidewalk width shall be installed by the developer so there is a minimum width sidewalk of 10’. This applies to new buildings and to additions that increase the gross building square footage by more than 50%. This standard does not require removal of existing buildings or portions thereof. North Temple Minimum: 5’, and at least 50% of the street facing building facade must be built to the minimum. Maximum: 15’, but may be increased if the additional setback is used for plazas, courtyards, or outdoor dining areas. In locations where the sidewalk is not a minimum of 10’ wide, 15 Property Frontage Front/Corner Side Yard Setback Interior Side Yard Rear Yard additional sidewalk width shall be installed by the developer so there is a minimum width sidewalk of 10’. This applies to new buildings and to additions that increase the gross building square footage by more than 50%. This standard does not require removal of existing buildings or portions thereof. 300 South, 500 South, 600 East Minimum: Equal to the average setback of other principal buildings on the same block face. Streets with right- of-way width of 50’ or less with R- 1, R-2, SR, RMF- 30, RMF-35 or RMF-45 zoning district on either side of the street Minimum: 25% of lot depth, up to 25’. For buildings taller than 25’, setback shall increase 2’ for every 1’ of building height above 25’ and is applied to the portion of the building over 25’ in height. All other streets Minimum: None At least 50% of the street facing building facade shall be within 5’ of the front or corner side property line. c. Special Setback Provisions for Properties Adjacent to Jordan River: For properties that are adjacent to the Jordan River, the building setback from the Jordan River shall be fifty feet (50’), measured from the annual high water level as defined in Section 21A.34.130 of this title. For buildings over fifty feet (50’) in height, the setback shall increase one foot (1’) for every foot in height over fifty feet (50’) up to a maximum of seventy five feet (75’). Portions of buildings over fifty feet (50’) in height may be stepped back to comply with this standard. 4. Minimum Lot Area and Lot Width Requirements: 16 TABLE 21A.26.078.E.4 MINIMUM LOT AREA AND LOT WIDTH STANDARDS Standard Required Dimension Minimum lot area 2,500 square feet Minimum lot width 40 feet a. The minimum lot area applies to all new subdivisions of land and shall not be used to calculate residential density. b. Any legally existing lot may be developed without having to comply with the minimum lot size or width requirements. c. Lots subdivided for single-family detached, single-family attached, and two- family residential dwellings are exempt from minimum lot width requirements. d. Lots subdivided for single-family attached dwellings are exempt from minimum lot area provided that: (1) Parking for units shall be rear loaded and accessed from a common drive shared by all units in a particular development; (2) Driveway access shall connect to the public street in a maximum of two (2) locations; and (3) No garages shall face the primary street and front yard parking shall be strictly prohibited. 5. Open Space Area: Open space areas shall be provided at a rate of one square foot for every ten (10) square feet of land area included in the development, up to five thousand (5,000) square feet for core areas, and up to two thousand five hundred (2,500) square feet for transition areas. Open space areas includes landscaped yards, patios, public plazas, pocket parks, courtyards, rooftop and terrace gardens and other similar types of open space area amenities. All required open space areas shall be accessible to the users of the building(s). 6. Circulation and Connectivity: Development within the station area shall be easily accessible from public spaces and provide safe and efficient options for all modes of travel. Circulation networks, whether public or private, require adequate street, pedestrian and bicycle connections to provide access to development. The internal circulation network shall be easily recognizable, formalized and interconnected. a. All parking lots shall comply with the standards in Section 21A.44.020, “General Off Street Parking Regulations”, of this title. 17 b. Parking is prohibited between the street-facing building line and any front or corner side property line. This shall include any drive aisle that is not perpendicular to the front or corner side property line. c. Any new development shall provide a midblock walkway if a midblock walkway on the subject property has been identified in a master plan that has been adopted by the city. The following standards apply to the midblock walkway: (1) The midblock walkway must be a minimum of ten feet (10’) wide and include a minimum six foot (6’) wide unobstructed path. (2) The midblock walkway may be incorporated into the building provided it is open to the public. A sign shall be posted indicating that the public may use the walkway. 7. Accessory Structures: No accessory structure shall be located in a required front yard or between the primary building and a property line adjacent to a public street. F. Design Standards: 1. Development shall comply with the design standards in Chapter 21A.37 of this title when applicable as specified in that chapter. 2. All developments required to obtain a review score by Subsection C of this section shall comply with the following additional design standards. These specific standards may be modified through the design review in Chapter 21A.59 of this title if the modifications meet the intent of the specific design standard requested to be modified: a. EIFS and Stucco Limitation: Use of Exterior Insulation and Finishing System (EIFS) or traditional stucco is not allowed as a building material on the ground floor of street facing building facades. Use of EIFS and stucco is allowed for up to ten percent (10%) of the upper level street facing facades. b. Front and Corner Side Yard Design Requirements: (1) In yards greater than ten feet (10’) in depth, one shade tree shall be planted for every thirty feet (30’) of street frontage. For the purpose of this section, a shade tree is any tree that has a mature minimum tree canopy of thirty feet (30’) and a mature height that is forty feet (40’) or greater. (2) At least fifty percent (50%) of the front or corner side yards shall be covered in live plant material. This can include raised planter boxes. This percentage can be reduced to thirty percent (30%) if the yard includes outdoor dining, patios, outdoor public space, or private yards for ground floor residential uses 18 that cover at least fifty percent (50%) of the provided front or corner side yard. (3) At least thirty percent (30%) of the front or corner side yard shall by occupied by outdoor dining areas, patios, outdoor public space, or private yards for ground floor residential uses. (4) Driveways necessary for vehicle access to the site are allowed regardless of compliance with the minimum percentages required by this subsection. c. Entry Feature Requirements: All required building entries shall include at least one of the following features: (1) An awning or canopy over the entrance that extends a minimum of five feet (5’) from the street facing building facade; (2) A recessed entrance that is recessed at least five feet (5’) from the street facing facade; (3) A covered porch that is at least five feet (5’) in depth and at least forty (40) square feet in size; or (4) A stoop that is at least two feet (2’) above sidewalk level and that includes an awning or canopy that extends at least three feet (3’) from the street facing building facade. d. Ground Floor Use Requirement For 400 South and North Temple Boulevard: When facing 400 South or North Temple Boulevard, the ground floor use area required by Chapter 21A.37 of this title shall be built to accommodate an allowed commercial, institutional, or public use. Live/work uses qualify as a commercial use for this subsection. (1) Exception: Residential uses may be permitted within the required area in lieu of the required use, if the ground floor is designed so that it can be converted to an allowed commercial use in the future. To accommodate this conversion, the shell space of the ground floor shall be built to an occupancy standard required by the adopted building code that can accommodate conversion of the interior of the space to a future permitted commercial use. (2) The following additional requirements shall apply to the ground floor space if used for residential uses: (A) The shell space shall be at least twelve feet (12’) in height; (B) The street facing facade of each ground floor residential unit shall be at least sixty percent (60%) glass; 19 (C)Each ground floor unit shall have a direct entrance from the sidewalk to the unit; (D)Each ground floor unit shall be ADA accessible; and (E) Each ground floor unit shall include a porch, patio, stoop or other entrance feature that is a minimum depth of at least five feet (5’). G. Multiple Buildings on a Single Parcel: Multiple principal buildings on a single parcel are permitted provided each principal building meets the requirements of this chapter and each principal building obtained a separate development score. New principal buildings can be located toward the rear of a parcel provided there is an existing or additional new principal building that complies with the front yard building setbacks. If one principal building receives a development score lower than other principal buildings on the site, the project shall be processed based on the lowest development score obtained. Multiple single-family detached dwellings and two-family dwellings may be located on one lot and are not required to obtain a development score. H. Conflicting Regulations: In cases where the regulations of this section conflict with another section of this zoning ordinance, this section shall take precedence except in situations where the conflict is related to the use of the property, in which case the more restrictive regulation takes precedence. In station areas within an overlay district, the overlay district shall take precedence. I. Developments Over Five Acres: 1. Intent: Large scale developments have the potential to function as a self-contained mixed use neighborhood and could have both positive and negative impacts on nearby properties. All developments over five (5) acres in size shall be designed and planned to include a series of blocks and a network of public or private streets that connects to the existing public streets in the area and to adjacent development and neighborhoods. Buildings should be oriented to this street network. Regulating block size is necessary to provide development sites that are oriented to the pedestrian while accommodating other modes of transportation. A street network is required to ensure adequate circulation for pedestrians, bicycles, automobiles and service vehicles through the site, to adjacent sites and the public streets. 2. Application: These standards are in addition to all other applicable standards. In situations where the standards in this section conflict with a standard in another section, the standard in this section shall take precedence. A separate development score is required for each new principal building in a development over five (5) acres. a. Block Layout: The intent of regulating block size and dimension is to create a development pattern where all principal buildings have their primary facades facing a street, whether public or private. All developments over five (5) acres in size shall be designed to include a series of blocks based on the standards below: 20 (1) The maximum perimeter dimension of any block shall be one thousand six hundred feet (1,600’). The maximum length of any individual block face shall be four hundred forty feet (440’). (2) The maximum perimeter dimension of a block may be increased to two thousand four hundred (2,400) linear feet, and the maximum length of any block face increased to six hundred feet (600’) provided a mid block pedestrian network is included. The mid block pedestrian network must be a minimum of twenty feet (20’) wide and include pedestrian amenities such as lighting, benches, and other similar features. The mid block walkway shall connect to at least two (2) block faces or be extended to the property line to allow for future extension. b. Connectivity to Public Streets, Sidewalks, and Bicycle Lanes: In order to ensure that the development will be fully integrated into the transit station area, that safe and efficient travelways are provided, and to limit the impact on the primary transit street and other adjacent streets, the internal circulation system, including private streets, drive aisles, sidewalks and bicycle lanes shall connect to the public street, sidewalks and bicycle lanes. All new streets shall be designed as a “complete street” defined as a street that provides dedicated space for pedestrians, bicyclists and automobiles. c. Vehicle Access: Regulating access to private property from public streets is necessary for integrating private development and public spaces. Limiting the number of access points and spacing between access points reduces areas of conflict between vehicles, pedestrians and bicycles. Maximum access widths promote a development pattern that is oriented to pedestrians and bicyclists while accommodating vehicles. (1) Access points located on public streets intended for vehicles shall be spaced a minimum of one hundred feet (100’) apart. (2) No property shall have more than one (1) vehicle access point for every two hundred (200) linear feet of frontage on a public street. (3) No access drive shall be greater than twenty four feet (24’) wide. (4) The location of all vehicle access points is subject to approval from the transportation division of the city. The standards of this section may be modified by the Transportation Division when, in the opinion of the director of the transportation division, a different design would improve the overall safety for all modes of transportation or improve the efficiency of the transportation network. d. Internal Circulation: Internal circulation systems allow for vehicles, pedestrians and bicyclists to move safely and efficiently throughout a development site. A 21 logical, simple and well designed internal circulation system that connects with adjacent circulation networks provides room for vehicles, safe walking paths for pedestrians through the parking lot and the site to the public way, and well marked routes for bicycles traveling from public spaces to bicycle parking areas within a site. All new developments over five (5) acres are required to submit an internal circulation network plan. (1) Travel Lanes That Connect Parking Areas With a Public Street: All internal vehicle travel lanes that connect internal parking areas with a public street shall be designed to meet the minimum requirements in Section 21A.44.060.A.6 of this title. (2) Design Speed: The internal circulation system shall be designed to move vehicles at speeds of twenty (20) miles per hour or less. (3) Future Access to Adjacent Properties and Rights-Of-Way: All internal drive aisles, sidewalks, and paths shall be extended to property lines to allow for future cross access to adjacent properties when the adjacent property is undeveloped and to rights-of-way. (4) Centerlines: The centerline of all internal streets shall be in line with the centerline of a street on the opposite side of an intersecting street unless the intersecting street is divided by a median. Offset streets shall be a minimum of two hundred feet (200’) apart, measured from centerline to centerline. (5) Publicly Dedicated Streets: Any street that is to be publicly dedicated shall meet the city’s minimum construction and design standards (including street lighting, park strip, street trees, etc.). (6) Pedestrian Routes: Pedestrian routes that provide safe, comfortable, clear and direct access throughout the development shall be provided. Pedestrian paths shall be bordered by residential fronts, green space, active open space, or commercial storefronts. (7) Bicycle Paths: A coordinated system of bicycle paths should be provided. (8) Approval; Modification of Standards: The internal circulation network is subject to approval from the transportation division of the city. The standards of this section may be modified by the transportation division when, in the opinion of the director of the transportation division, a different design would improve the overall safety for all modes of transportation or improve the efficiency of the transportation network. e. Parking: Parking may be provided along any private street within a development over five (5) acres. The parking shall be counted toward the applicable off street parking standard when provided on private streets. All parking areas and 22 spaces must comply with the parking lane widths identified in Section 21A.44.060.A.6 of this title. f. Open Space Area: In order to provide space for passive and active recreation, public and private gatherings, offset storm drainage due to nonpermeable surfaces and as an amenity to individual developments and their residents, employees and customers, usable open space areas are required for all new developments. (1) Required: In the core and transition areas of all station areas, a minimum of ten percent (10%) of the site, up to fifteen thousand (15,000) square feet, shall be devoted to open space areas. “Usable open space area” is defined as landscaped areas, plazas, outdoor dining areas, terraces, rooftop gardens, stormwater retention areas, and any other similar type of area. (2) Connectivity to Adjacent Open Space Area: When adjacent to public open space areas, parks, trails and pathways, open space areas on developments over five (5) acres in size are encouraged to provide access to the public open space area. g. Landscaping: All areas not occupied by buildings, plazas, terraces, patios, parking areas, or other similar feature shall be landscaped. If a project is developed in phases, only those areas in a phase that is under construction shall be landscaped. Landscaping in future phases shall be installed as those phases develop. Areas in future phases may be used as community gardens or other active open space until such time as development of that phase begins. SECTION 10. Amending the text of Salt Lake City Code Subsection 21A.30.020.D. That Subsection 21A.30.020.D of the Salt Lake City Code (Zoning: Downtown Districts: D-1 Central Business District: D-1 District General Regulations) shall be, and hereby is amended to read as follows: D. D-1 District General Regulations: The regulations established in this section apply to the D-1 District as a whole. 1. Minimum Lot Size: No minimum lot area or lot width is required, except in block corner areas as specified in Subsection E.5 of this section. 2. Yard Requirements: a. Front and corner side yards: No minimum yards are required, however, no yard shall exceed five feet (5’) except as authorized through the design review process. Such design reviews shall be subject to the requirements of Chapter 21A.59 of 23 this title. Where an entire block frontage is under one ownership, the setback for that block frontage shall not exceed twenty five feet (25’). Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. b. Interior side and rear yards: None required. 3. Interior Plazas, Atriums and Galleries: Interior plazas, atriums and galleries shall be permitted throughout the D-1 Central Business District. 4. Location of Service Areas: All loading docks, refuse disposal areas and other service activities shall be located on block interiors away from view of any public street. Exceptions to this requirement may be approved through the site plan review process when a permit applicant demonstrates that it is not feasible to accommodate these activities on the block interior. If such activities are permitted adjacent to a public street, a visual screening design approved by the zoning administrator shall be required. 5. Landscape Requirements: All buildings constructed after April 12, 1995, shall conform to the special landscape requirements applicable to the D-1 Central Business District as contained in Chapter 21A.48 of this title. 6. Mid Block Walkways: As part of the city’s plan for the downtown area, it is intended that mid block walkways be provided to facilitate pedestrian movement within the area. To delineate the public need for such walkways, the city has formulated an official plan for their location and implementation, which is on file at the planning division office. All buildings constructed after the effective date hereof within the D- 1 Central Business District shall conform to this officially adopted plan for mid block walkways. 7. Landscape Requirements for Demolition Sites: Vacant lots, resulting from demolition activities where no replacement use is proposed, shall conform to Chapter 21A.48 of this title, special landscape requirements applicable to the D-1 Central Business District. SECTION 11. Amending the text of Salt Lake City Code Section 21A.30.030. That Section 21A.30.030 of the Salt Lake City Code (Zoning: Downtown Districts: D-2 Downtown Support District) shall be, and hereby is amended to read as follows: 21A.30.030: D-2 DOWNTOWN SUPPORT DISTRICT: A. Purpose Statement: The purpose of the D-2 Downtown Support Commercial District is to provide an area that fosters the development of a sustainable urban neighborhood that 24 accommodates commercial, office, residential and other uses that relate to and support the D-1 Central Business District. Development within the D-2 Downtown Support Commercial District is intended to be less intensive than that of the D-1 Central Business District, with high lot coverage and buildings placed close to the sidewalk. This district is appropriate in areas where supported by applicable master plans. Design standards are intended to promote pedestrian oriented development with a strong emphasis on a safe and attractive streetscape. B. Uses: Uses in the D-2 Downtown Support District, as specified in Section 21A.33.050, “Table of Permitted and Conditional Uses for Downtown Districts”, of this title, are permitted subject to the general provisions set forth in Section 21A.30.010 of this chapter and this section. C. Lot Size Requirements: No minimum lot area or lot width shall be required. D. Maximum Building Height: The maximum permitted building height shall not exceed one hundred twenty feet (120’) subject to the following review process: Buildings over sixty five feet (65’) in height are subject to design review according to the requirements of Chapter 21A.59 of this title. E. Minimum Yard Requirements: 1. Front and Corner Side Yard: There is no minimum setback. The maximum setback is ten feet (10’). 2. Interior Side Yards: No minimum side yard is required except a minimum of fifteen feet (15’) side yard is required when the side yard is adjacent to a single or two family residential zoning district. 3. Rear Yard: No minimum rear yard is required except a minimum of twenty five feet (25’) rear yard is required when the rear yard is adjacent to a single or two family residential district. 4. Buffer Yards: Any lot abutting a lot in a residential district shall conform to the buffer yard requirements of Chapter 21A.48 of this title. F. Landscape Yard Requirements: If a front or corner side yard is provided, such yard shall be maintained as a landscaped yard. The landscaped yard can take the form of outdoor dining, patio, courtyard or plaza, subject to site plan review approval. G. Mid-Block Walkways: Any new development shall provide a midblock walkway if a midblock walkway on the subject property has been identified in a master plan that has been adopted by the city. The following standards apply to the midblock walkway: 1. The midblock walkway must be a minimum of ten feet (10’) wide and include a minimum six foot (6’) wide unobstructed path. 25 2. The midblock walkway may be incorporated into the building provided it is open to the public. A sign shall be posted indicating that the public may use the walkway. H. Ground Floor Uses: To activate the ground floor of structures, retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters or performing art facilities are required on the ground floor of structures facing State Street, Main Street, 800 South and 900 South. I. Existing Vehicle Sales or Lease Lots: 1. Vehicle Display Area: The parking provided in the vehicle display area will not be counted as off street parking when computing maximum parking requirements and is not considered to be a surface parking lot when determining required setbacks in this section. 2. Design Standards: Structures associated with accessory uses such as but not limited to repair shops or vehicle washing do not need to meet required design standards and may exceed the maximum front and corner side yard setbacks. Primary structures that contain sales floors and auto display areas must meet all design standards and setbacks. 3. Landscaping: A landscaped yard of at least ten feet (10’) in depth is required along any portion of the street frontage of the property that is not occupied by a permanent structure. All other landscaping requirements in Chapter 21A.48 remain applicable. 4. Multiple Buildings: Vehicle sales or lease lots may have multiple buildings on a parcel subject to all buildings being associated with the use of the lot as vehicles sales or lease. SECTION 12. Amending the text of Salt Lake City Code Section 21A.30.040. That Section 21A.30.040 of the Salt Lake City Code (Zoning: Downtown Districts: D-3 Downtown Warehouse/Residential District) shall be, and hereby is amended to read as follows: 21A.30.040: D-3 DOWNTOWN WAREHOUSE/RESIDENTIAL DISTRICT: A. Purpose Statement: The purpose of the D-3 Downtown Warehouse/Residential District is to provide for the reuse of existing warehouse buildings for multi-family and mixed use while also allowing for continued retail, office and warehouse use within the district. The reuse of existing buildings and the construction of new buildings are to be done as multi- family residential or mixed use developments containing retail or office uses on the lower floors and residential on the upper floors. This district is appropriate in areas where supported by applicable master plans. The standards are intended to create a unique and 26 sustainable downtown neighborhood with a strong emphasis on urban design, adaptive reuse of existing buildings, alternative forms of transportation and pedestrian orientation. B. Uses: Uses in the D-3 Downtown Warehouse/Residential District as specified in Section 21A.33.050, “Table of Permitted and Conditional Uses for Downtown Districts”, of this title, are permitted subject to the provisions of this chapter and other applicable provisions of this title. C. Controls Over Mixed Use: The concept of mixed use is central to the nature of the D-3 Downtown Warehouse/Residential District. To ensure that mixed use developments provide for on site compatibility as well as neighborhood compatibility, the change of land use type or an increase in floor area by twenty five percent (25%) of existing principal buildings and the construction of buildings for new uses after April 12, 1995, shall conform to the following provisions. Construction related to the rehabilitation including remodeling or modification of existing uses, or the change of use to a similar use, shall not be subject to these provisions: 1. Buildings containing commercial/office uses located above the second story shall incorporate multi-family dwellings, boarding house, bed and breakfast, or hotel uses in the amount of at least fifty percent (50%) of the total floor area of the building; 2. Commercial/office uses shall be permitted as the sole use in two-story buildings only; and 3. Commercial/office uses in buildings of three (3) stories or more without multi-family dwellings shall be allowed only as a conditional use and then only when the applicant has demonstrated that the proposed location is not suitable for multi-family residential use. D. Lot Size Requirements: No minimum lot area or lot width shall be required. E. Maximum Building Height: No building shall exceed seventy five feet (75’). Buildings taller than seventy five feet (75’) but less than ninety feet (90’) may be authorized through the design review process, provided the additional height is supported by the applicable master plan, the overall square footage of the buildings is greater than fifty percent (50%) residential use, and subject to the requirements of Chapter 21A.59 of this title. F. Mid Block Walkways: As a part of the city’s plan for the downtown area, it is intended that mid block walkways be provided to facilitate pedestrian movement within the area. To delineate the public need for such walkways, the city has formulated an official plan for their location and implementation, which is on file at the planning division office. All buildings constructed within the D-3 Downtown Warehouse/Residential District shall conform to this plan for mid block walkways. 27 G. Minimum Open Space Area: All lots containing dwelling units shall provide common open space area in the amount of twenty percent (20%) of the lot area. This common open space area may take the form of ground level plazas, interior atriums, landscape areas, roof gardens and decks on top of buildings or other such forms of open space available for the common use by residents of the property. SECTION 13. Amending the text of Salt Lake City Code Section 21A.30.045. That Section 21A.30.045 of the Salt Lake City Code (Zoning: Downtown Districts: D-4 Downtown Secondary Central Business District) shall be, and hereby is amended to read as follows: 21A.30.045: D-4 DOWNTOWN SECONDARY CENTRAL BUSINESS DISTRICT: A. Purpose Statement: The purpose of the D-4 Downtown Secondary Central Business District is to foster an environment consistent with the area’s function as a housing, entertainment, cultural, convention, business, and retail section of the city that supports the D-1 Central Business District. Development is intended to support the regional venues in the district, such as the Salt Palace Convention Center, and to be less intense than in the D-1 Central Business District. This district is appropriate in areas where supported by applicable master plans. The standards are intended to achieve established objectives for urban and historic design, pedestrian amenities, and land use control, particularly in relation to retail commercial uses. B. Uses: Uses in the D-4 Downtown Secondary Central Business District as specified in Section 21A.33.050, “Table of Permitted and Conditional Uses for Downtown Districts”, of this title, are permitted subject to the general provisions set forth in Section 21A.30.010 of this chapter. In addition, all conditional uses in the D-4 Downtown Secondary Central Business District shall be subject to design evaluation and approval by the planning commission. C. D-4 Downtown Secondary Central Business District General Regulations: 1. Minimum Lot Size: No minimum lot area or lot width is required. 2. Yard Requirements: a. Front and Corner Side Yards: No minimum yards are required, however, no yard shall exceed five feet (5’) except as authorized through the design review process. Such designs shall be subject to the requirements of Chapter 21A.59 of this title. Where an entire block frontage is under one ownership, the setback for that block frontage shall not exceed twenty five feet (25’). Exceptions to this requirement may be authorized through the design review process subject to the requirements of Chapter 21A.59 of this title. 28 b. Interior Side And Rear Yards: None required. 3. Interior Plazas, Atriums and Galleries: Interior plazas, atriums and galleries shall be permitted throughout the D-4 Downtown Secondary Central Business District. 4. Location of Service Areas: All loading docks, refuse disposal areas and other service activities shall be located on block interiors away from view of any public street. Exceptions to this requirement may be approved through the site plan review process when a permit applicant demonstrates that it is not feasible to accommodate these activities on the block interior. If such activities are permitted adjacent to a public street, a visual screening design approved by the zoning administrator shall be required. 5. Landscape Requirements: All buildings constructed after April 12, 1995, shall conform to the special landscape requirements applicable to the D-4 Downtown Secondary Central Business District as contained in Chapter 21A.48 of this title. 6. Maximum Building Height: No building shall exceed seventy five feet (75’). Buildings taller than seventy five feet (75’) but less than one hundred twenty feet (120’) may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. Additional height may be allowed as specified below: a. Additional Permitted Height Location: Additional height greater than one hundred twenty feet (120’) but not more than three hundred seventy five feet (375’) in height is permitted in the area bounded by: (1) The centerlines of South Temple, West Temple, 200 South, and 200 West Streets; and (2) Beginning at the Southeast Corner of Block 67, Plat ‘A’, Salt Lake City Survey, and running thence along the south line of said Block 67, N89°54’02”W 283.86 feet; thence N00°04’50”E 38.59 feet; thence N10°46’51”W 238.70 feet; thence N24°45’15”W 62.98 feet; thence S89°54’02”E 355.45 feet to the east line of said Block 67; thence along said east line S00°06’35”W 330.14 feet to the point of beginning. Contains 102,339 square feet, or 2.349 acres, more or less. 29 b. Additional Permitted Height Conditions: Buildings may exceed the one hundred twenty foot (120’) height limit to a maximum height of three hundred seventy five feet (375’), provided they conform to the standards and procedures outlined in the design review process of Chapter 21A.59 of this title and the following requirements: (1) Additional Setback: To minimize excessive building mass at higher elevations and preserve scenic views, some or all of the building mass shall be subject to additional setback, as determined appropriate through the design review process. (2) Exception: The first fifty feet (50’) of height shall not be set back from the street front more than five feet (5’) except that setbacks greater than five feet (5’) may be approved through the design review process. (3) Ground Floor Uses: See Subsection 21A.37.050.A and Section 21A.37.060, Table 21A.37.060, Subsection D of this title for this requirement. 7. Mid Block Walkways: As a part of the city’s plan for the downtown area, it is intended that mid block walkways be provided to facilitate pedestrian movement within the area. To delineate the public need for such walkways, the city has formulated an official plan for their location and implementation, which is on file at the planning division office. All buildings constructed after the effective date hereof within the D-4 Downtown Secondary Central Business District shall conform to this plan for mid block walkways. 30 8. Mid Block Streets: Developments constructing mid block streets, either privately owned with a public easement or publicly dedicated, that are desired by an applicable master plan: a. May use a portion or all of the overhead and underground right-of-way of the new mid block street as part of their developable area irrespective of lot lines, subject to design review and approval of the planning commission. b. May increase the height of the building on the remaining abutting parcel, subject to the design review process in conformance with the standards and procedures of Chapter 21A.59 of this title. SECTION 14. Amending the text of Salt Lake City Code Section 21A.31.010. That Section 21A.31.010 of the Salt Lake City Code (Zoning: Gateway Districts: General Provisions) shall be, and hereby is amended to read as follows: 21A.31.010: GENERAL PROVISIONS: A. Statement of Intent: The Gateway district is intended to provide controlled and compatible settings for residential, commercial, and industrial developments, and implement the objectives of the adopted gateway development master plan through district regulations that reinforce the mixed use character of the area and encourage the development of urban neighborhoods containing supportive retail, service commercial, office, industrial uses and high density residential. B. Uses: Uses in the Gateway district as specified in Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”, of this title, are permitted subject to the general provisions set forth in this section. C. Permitted Uses: The uses specified as permitted uses, in Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”, of this title are permitted; provided, that they comply with all requirements of this chapter, the general standards set forth in Part IV of this title, and all other applicable requirements of this title. D. Conditional Uses: The uses specified as conditional uses in Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”, of this title, shall be permitted in the Gateway district provided they are approved pursuant to the standards and procedures for conditional uses set forth in Chapter 21A.54 of this title, and comply with all other applicable requirements of this title, including the urban design evaluation and/or the design review process established in this chapter and Chapter 21A.59 of this title. E. Site Plan Review; Design Review: In certain districts, permitted uses and conditional uses have the potential for adverse impacts if located and oriented on lots without careful 31 planning. Such impacts may interfere with the use and enjoyment of adjacent property and uses. Site plan review is a process designed to address such adverse impacts and minimize them where possible. The design may also be evaluated to address elements of urban design. Site plan review, pursuant to Chapter 21A.58 of this title, for all of the Gateway district, is required to protect the local economy, maintain safe traffic conditions, maintain the environment, and assure harmonious land-use relationships between commercial uses and more sensitive land uses in affected areas. Design evaluation is necessary to implement the policies of the urban design plan as adopted by the city council. Design review shall apply to conditional uses in the Gateway district. In the Gateway district, the design review process is used to evaluate and resolve urban design. F. Mid Block Walkways: As a part of the city’s plan for the downtown area, it is intended that mid block walkways be provided to facilitate pedestrian movement within the area. To delineate the public need for such walkways, the city has formulated an official plan for their location and implementation, which is on file at the planning division office. All buildings constructed after the effective date hereof within the G-MU Gateway-Mixed Use District shall conform to this plan for mid block walkways. G. Location of Service Areas: All loading docks and other service activities shall be located on block interiors away from view of any public street. Exceptions to this requirement may be approved through the site plan review process when a permit applicant demonstrates that it is not feasible to accommodate these activities on the block interior. If such activities are permitted adjacent to a public street, a visual screening design approved by the zoning administrator shall be required. H. Impact Controls and General Restrictions: 1. Refuse Control: Refuse containers must be covered and shall be stored within completely enclosed buildings or screened in conformance with the requirements of Chapter 21A.48 of this title. For buildings existing as of April 12, 1995, this screening provision shall be required if the floor area or parking requirements are increased by twenty five percent (25%) or more by an expansion to the building or change in the type of land use. 2. Lighting: On site lighting, including parking lot lighting and illuminated signs, shall be located, directed or designed in a manner to prevent glare on adjacent properties. I. Outdoor Sales, Display and Storage: “Sales and display (outdoor)” and “storage and display (outdoor)”, as defined in Chapter 21A.62 of this title, are allowed where specifically authorized in Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”, of this title. These uses shall conform to the following: 32 1. Outdoor sales and display and outdoor storage may also be permitted when part of an authorized temporary use as established in Chapter 21A.42 of this title; 2. The outdoor permanent sales or display of merchandise shall not encroach into areas of required parking; 3. The outdoor permanent sales or display of merchandise shall not be located in any required yard area within the lot; 4. The outdoor sales or display of merchandise shall not include the use of banners, pennants or strings of pennants; and 5. Outdoor storage shall be allowed only where specifically authorized in the applicable district regulation and shall be required to be fully screened with opaque fencing not to exceed eight feet (8’) in height. J. Off Street Parking and Loading: All uses in the Gateway district shall comply with the provisions governing off street parking and loading in Chapter 21A.44 of this title. K. Environmental Performance Standards: All uses in the Gateway district shall conform to the environmental performance standards in Section 21A.36.180 of this title. L. Wall or Fencing: All uses in the Gateway district shall comply with the provisions governing fences, walls and hedges in Section 21A.40.120 of this title. M. Affordable Housing: 1. Notwithstanding the minimum height requirements identified above, any buildings that have ten (10) or more residential units with at least twenty percent (20%) of the units as affordable shall be allowed to have a minimum building height of thirty feet (30’). 2. Affordable housing units within a market rate development shall be integrated throughout the project in an architectural manner. N. Accessory Uses, Buildings and Structures: Accessory uses and structures are permitted in the Gateway district subject to the requirements of this chapter, Chapter 21A.36, Subsection 21A.36.020.B, Section 21A.36.030, and Chapter 21A.40 of this title. O. Urban Design: The urban design standards are intended to foster the creation of a rich urban environment that accommodates growth and is compatible with existing buildings and uses in the area. All general development and site plans shall be designed to complement the surrounding existing contiguous (historic) development. The following design standards will provide human scale through change, contrast, intricacy, color and materials where the lower levels of buildings face public streets and sidewalks. They will also spatially define the street space in order to concentrate pedestrian activity, create a 33 clear urban character and promote visibility of commercial activities at the ground level. The standards will also encourage diversity through the use of building forms and materials, while respecting the patterns, styles and methods of construction traditionally used in the gateway area. The following urban design standards will be reviewed as part of the site plan review process, with assistance from planning division staff as necessary: 1. Architectural Character and Materials: a. A differentiated base (on a building over 45 feet high) will provide human scale through change, contrast, and intricacy in facade form, color and/or material where the lower levels of the building face the sidewalk(s) and street(s). Scaling elements such as insets and projections serve to break up flat or monotonous facades, and respond to older nearby buildings. Therefore, all buildings in the Gateway district are subject to the following standards: (1) All buildings over forty five feet (45’) in height shall be designed with a base that is differentiated from the remainder of the building. The base shall be between one and three (3) stories in height, be visible from pedestrian view, and appropriately scaled to the surrounding contiguous historic buildings. The base shall include fenestration that distinguishes the lower from upper floors. Insets and/or projections are encouraged. (2) All new buildings in the Gateway district shall have a minimum of seventy percent (70%) of the exterior material (excluding windows) be brick, masonry, textured or patterned concrete and/or cut stone. With the exception of minor building elements (e.g., soffit, fascia) the following materials are allowed only through the design review process: EIFS, tilt-up concrete panels, corrugated metal, vinyl and aluminum siding, and other materials. (3) All buildings which have been altered over seventy five percent (75%) on the exterior facade shall comply with the exterior material requirement for new construction. Buildings older than fifty (50) years are exempt from this requirement if alterations are consistent with the existing architecture. (4) Two-dimensional curtain wall veneer of glass, spandrel glass or metal as a primary building material is prohibited. The fenestration of all new construction shall be three-dimensional (e.g., recessed windows, protruding cornice, etc.). b. The climate in Salt Lake City is such that in the summer months shade is preferred, and in the winter months protection from snow is preferred. By providing the pedestrian with a sidewalk that is enjoyable to use year round, a pedestrian oriented neighborhood is encouraged. Therefore, new construction in the gateway area is subject to the following standards: 34 (1) Arcades are permitted in the Gateway district, but where an arcade extends over the public way, a revocable permit is required. Where an arcade is on private property facing the street, the maximum setback for the building shall be measured to the supporting beams for the arcade or the facade of the upper floors, not the facade of the arcade level. (2) Awnings and/or marquees, with or without signage, are required over entry doors which are set back from the property line and may be allowed, under revocable permit, when an entry is at a property line. (3) Awnings, with or without signage, are permitted over ground level windows. Where awnings extend out over the public way, a revocable permit is required. 2. Windows and Building Fenestration: a. Buildings whose exteriors are smooth, and do not provide any three-dimensional details or fenestration are not appropriate in the Gateway district. Recessed windows will eliminate flat, sterile elevations. Highly reflective materials are distracting, and focus attention away from the positive qualities of the Gateway district. Therefore, all buildings in the Gateway district are subject to the following standards: (1) Buildings with completely smooth exterior surfaces shall not be permitted, all new construction shall have three-dimensional details on the exterior that includes cornices, windowsills, headers and similar features. (2) All windows shall be recessed from the exterior wall a minimum of three inches (3”). Bay windows, projecting windows, and balcony doors are exempt from this requirement. (3) The reflectivity of the glass used in the windows shall be limited to eighteen percent (18%) as defined by the ASTA standard. 3. Entrance and Visual Access: a. The intent in the Gateway district is to encourage pedestrian activity between the public street/sidewalk and buildings. Sidewalks shall provide continuous, uninterrupted interest to the pedestrian by providing visual interest and/or amenities. The gateway environment will benefit with increased pedestrian activity; this activity will only occur if opportunities are provided that make walking to a destination a preferred and an enjoyable pursuit. The use of blank building facade walls is discouraged. Therefore, all buildings in the gateway area are subject to the following standards: 35 (1) Minimum First Floor Glass: The first floor elevation facing a street of all new buildings or buildings in which the property owner is modifying the size of windows on the front facade within the Gateway district shall not have less than forty percent (40%) glass surfaces. All first floor glass shall be nonreflective. Display windows that are three-dimensional and are at least two feet (2’) deep are permitted and may be counted toward the forty percent (40%) glass requirement. Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director may approve a modification to this requirement if the planning director finds: (A) The requirement would negatively impact the historic character of the building, or (B) The requirement would negatively impact the structural stability of the building. (C) The ground level of the building is occupied by residential uses, in which case the forty percent (40%) glass requirement may be reduced to twenty five percent (25%). Appeal of administrative decision is to the planning commission. (2) Facades: Provide at least one operable building entrance per elevation that faces a public street. Buildings that face multiple streets are only required to have one door on either street, if the facades for both streets meet the forty percent (40%) glass requirement. (3) Maximum Length: The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the first floor level shall be fifteen feet (15’). (4) Screening: All building equipment and service areas, including on-grade and roof mechanical equipment and transformers that are readily visible from the public right-of-way, shall be screened from public view. These elements shall be sited to minimize their visibility and impact, or enclosed as to appear to be an integral part of the architectural design of the building. 4. Building Lines and Front Area Requirements: a. A continuity of building frontage adjacent and parallel to the street encourages a more active involvement between building uses and pedestrians. Leftover or ambiguous open space that has no apparent use or sense of place will not contribute positively to an active street life. Therefore, all buildings in the Gateway district are subject to the following standard: 36 (1) The majority of the ground level facade of a building shall be placed parallel, and not at an angle, to the street. 5. Public Amenities and Public Art: a. Amenities and works of art enhance quality of life as well as visual interest. Public amenities and public art encourage pedestrian activity and contribute to the pedestrian experience. A cohesive, unified lighting and amenity policy will help give the Gateway district its own distinctive identity. Therefore, public amenities and public art are subject to the following standards: (1) Sidewalks and street lamps installed in the public right-of-way shall be of the type specified in the sidewalk/street lighting policy document. (2) Public art (which may include artists’ work integrated into the design of the building and landscaping, sculpture, painting, murals, glass, mixed media or work by artisans), that is accessible or directly viewable to the general public shall be included in all projects requiring design review approval for a site or design standard. The plan to incorporate public art shall be reviewed by the Salt Lake Art Design Board. 6. Design Review Approval: A modification to the urban design provisions of this section may be granted through the design review process, subject to conformance with the standards and procedures of Chapter 21A.59 of this title. P. Definitions: For the purposes of this section, the following terms shall have the following meanings: AFFORDABLE HOUSING: Housing which persons of income below the County area median are able to afford. See definitions of moderate income, low income and very low income. BLOCK FACE: Structures that appear on one of four (4) sides of a block, the structures along a street that are between two (2) other streets. CONTIGUOUS: Next in sequence, touching or connected throughout an unbroken sequence. FACADE: The front of a building, or any other “face” of a building on a street or courtyard given special architectural treatment. FENESTRATION: The arrangement, proportioning and design of windows and doors in a building, an opening in a surface. LOW INCOME: Between fifty percent (50%) and eighty percent (80%) of the County area median income. 37 MASSING: The principal part or main body of matter, bulk. MODERATE INCOME: Between eighty percent (80%) and one hundred twenty percent (120%) of the County area median income. PROPORTION: The relation of one part to another or to the whole with respect to magnitude, quantity or degree. PROPORTIONAL: Corresponding in size, degree or intensity, having the same or a constant ratio. REMODEL: To alter the structure of, remake. SCALE: A proportion between two (2) sets of dimensions. STREETSCAPE: A general description of all structures along a street frontage that may include: multiple buildings, benches, works of art, and landscaping. VERY LOW INCOME: At or below fifty percent (50%) of the County area median income. SECTION 15. Amending the text of Salt Lake City Code Section 21A.31.020. That Section 21A.31.020 of the Salt Lake City Code (Zoning: Gateway Districts: G-MU Gateway- Mixed Use District) shall be, and hereby is amended to read as follows: 21A.31.020: G-MU GATEWAY-MIXED USE DISTRICT: A. Purpose Statement: The G-MU Gateway-Mixed Use District is intended to implement the objectives of the adopted gateway development master plan and encourage the mixture of residential, commercial and assembly uses within an urban neighborhood atmosphere. The 200 South corridor is intended to encourage commercial development on an urban scale and the 500 West corridor is intended to be a primary residential corridor from North Temple to 400 South. Development in this district is intended to create an urban neighborhood that provides employment and economic development opportunities that are oriented toward the pedestrian with a strong emphasis on a safe and attractive streetscape. The standards are intended to achieve established objectives for urban and historic design, pedestrian amenities and land use regulation. B. Uses: Uses in the G-MU Gateway-Mixed Use District as specified in Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”, of this title are permitted subject to the general provisions set forth in Section 21A.31.010 of this chapter and this section. 38 C. Planned Development Review: All new construction of principal buildings, uses, or additions that increase the floor area and/or parking requirement by twenty five percent (25%) in the G-MU Gateway-Mixed Use District may be approved only as a planned development in conformance with the provisions of Chapter 21A.55 of this title. D. Special Provisions: 1. Commercial Uses, 200 South: All buildings fronting 200 South shall have commercial uses that may include retail goods/service establishments, offices, restaurants, art galleries, motion picture theaters or performing arts facilities shall be provided on the first floor adjacent to the front or corner side lot line. The facades of such first floor shall be compatible and consistent with the associated retail or office portion of the building and other retail uses in the area. 2. Residential Units, 500 West: Buildings fronting on 500 West shall be required to have residential units occupying a minimum of fifty percent (50%) of the structure’s gross square footage. 3. Mid Block Street Development: Developments constructing mid block streets, either privately owned with a public easement or publicly dedicated, that are desired by an applicable master plan: a. May use a portion or all of the overhead and underground right-of-way of the new mid block street as part of their developable area irrespective of lot lines, subject to design evaluation and approval of the planning commission. b. May increase the height of the building on the remaining abutting parcel, subject to conformance with the standards and procedures of Chapter 21A.59, “Design Review”, of this title. 4. Design Reviews: A modification to the special provisions of this section may be granted through the design review process, subject to conformance with the standards and procedures of Chapter 21A.59 of this title. E. Building Height: The minimum building height shall be forty five feet (45’) and the 200 South Street corridor shall have a minimum height of twenty five feet (25’). The maximum building height shall not exceed seventy five feet (75’) except buildings with nonflat roofs (e.g., pitched, shed, mansard, gabled or hipped roofs) may be allowed, up to a maximum of ninety feet (90’) (subject to subsection I of this section). The additional building height may incorporate habitable space, but not for parking structures. 1. Design Review: A modification to the minimum building height or to the maximum building height (up to 120 feet) provisions of this section may be granted through the design review process, subject to conformance with the standards and procedures of Chapter 21A.59 of this title, and subject to compliance to the applicable master plan. 39 2. Height Exceptions: Spires, tower, or decorative noninhabitable elements shall have a maximum height of ninety feet (90’) and with design review approval may exceed the maximum height, subject to conformance with the standards and procedures of Chapter 21A.59 of this title. F. Minimum Lot Area and Lot Width: None required. G. Minimum Yard Requirements: No minimum setback requirements. There is not a maximum front yard or corner side yard setback except that a minimum of twenty five percent (25%) of the length of the facade of a principal building shall be set back no farther than five feet (5’) from the street right-of-way line. H. Signs: Signs shall be allowed in the Gateway district in accordance with provisions of Chapter 21A.46 of this title. I. Affordable Housing: Notwithstanding the maximum height requirements identified above, any buildings that have at least ten (10) or more residential units with at least twenty percent (20%) of the units as affordable shall be allowed a maximum building height of ninety feet (90’). The affordable units shall be integrated throughout the project in an architectural manner. SECTION 16. Amending the text of Salt Lake City Code Subsection 21A.32.130.E. That Subsection 21A.32.130.E of the Salt Lake City Code (Zoning: Special Purpose Districts: MU Mixed Use District: Minimum Yard Area Requirements) shall be, and hereby is amended to read as follows: E. Minimum Yard Area Requirements: 1. Single-Family Detached, Single-Family Attached, Two-Family, and Twin Home Dwellings: a. Front Yard: Ten feet (10’). b. Corner Side Yard: Ten feet (10’). c. Interior Side Yard: (1) Corner lots: Four feet (4’). (2) Interior lots: (A) Single-family attached: No yard is required, however if one is provided it 40 shall not be less than four feet (4’). (B) Single-family detached, two-family and twin home dwellings: Four feet (4’) on one side and ten (10) on the other. d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not be more than twenty feet (20’). 2. Multi-Family Dwellings, Including Mixed Use Buildings With Less Than Twenty Five Percent Nonresidential Uses: a. Front Yard: Ten feet (10’) minimum. b. Corner Side Yard: Ten feet (10’). c. Interior Side Yard: Ten feet (10’). d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not exceed thirty feet (30’), however, if one hundred percent (100%) of the off street parking is provided within the principal building and/or underground, the minimum required rear yard shall be fifteen feet (15’). 3. Nonresidential Development, Including Mixed Uses With Greater Than Twenty Five Percent Nonresidential Uses: a. Front Yard: Ten feet (10’) minimum. b. Corner Side Yard: Ten feet (10’). c. Interior Side Yard: No setback is required. d. Rear Yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet (30’). 4. Legally Existing Lots: Lots legally existing on the effective date hereof, April 7, 1998, shall be considered legal conforming lots. 5. Additions: For additions to buildings legally existing on the effective date hereof, required yards shall be no greater than the established setback line. 6. Maximum Setback: A maximum setback is required for at least seventy five percent (75%) of the building facade. The maximum setback is twenty feet (20’). Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard 41 and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following: a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture. b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. Appeal of administrative decision is to the planning commission. SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.36.161.B.13. That Subsection 21A.36.161.B.13 of the Salt Lake City Code (Zoning: General Provisions: Mobile Food Courts: Qualifying Provisions) shall be, and hereby is amended to read as follows: 13. Hard surface paving at the vehicular entrance to the mobile food court, and for each individual mobile food business is required. Alternatives to asphalt and cement may be approved as part of the conditional use process if the applicant is able to demonstrate that the alternative will not result in the accumulation of mud or debris on the city right-of-way. SECTION 18. Amending the text of Salt Lake City Code Subsection 21A.36.200.I. That Subsection 21A.36.200.I of the Salt Lake City Code (Zoning: General Provisions: Qualifying Provisions for an Urban Farm: Parking) shall be, and hereby is amended to read as follows: I. Parking: Parking for an urban farm shall comply with the provisions governing off street parking and loading in Chapter 21A.44 of this title. All vehicular circulation, staging, and parking shall be on a hard surface. SECTION 19. Amending the text of Salt Lake City Code Section 21A.37.050. That Section 21A.37.050 of the Salt Lake City Code (Zoning: Design Standards: Design Standards Defined) shall be, and hereby is amended to read as follows: 21A.37.050: DESIGN STANDARDS DEFINED: 42 The design standards in this chapter are defined as follows. Each design standard includes a specific definition of the standard and may include a graphic that is intended to help further explain the standard, however the definition supersedes any conflict between it and a graphic. A. Ground Floor Use and Visual Interest: This standard’s purpose is to increase the amount of active uses and/or visual interest on the ground floor of a building. There are two (2) options for achieving this, one dealing solely with the amount of ground floor use, and the other combining a lesser amount of ground floor use with increased visual interest in the building facade’s design. 1. Ground Floor Use Only: This option requires that on the ground floor of a new principal building, a permitted or conditional use other than parking shall occupy a minimum portion of the length of any street facing building facade according to Section 21A.37.060, Table 21A.37.060 of this chapter. All portions of such ground floor spaces shall extend a minimum of twenty five feet (25’) into the building. Parking may be located behind these spaces. a. For single-family attached uses, the required use depth may be reduced to ten feet (10’). b. For single-family or two-family uses, garages occupying up to fifty percent (50%) of the width of the ground floor building facade are exempt from this requirement. c. For all other uses, vehicle entry and exit ways necessary for access to parking are exempt from this requirement. Such accessways shall not exceed thirty feet (30’) in width. Individual dwelling unit garages do not qualify for this exemption. 2. Ground Floor Use and Visual Interest: This option allows for some flexibility in the amount of required ground floor use, but in return requires additional design requirements for the purpose of creating increased visual interest and pedestrian activity where the lower levels of buildings face streets or sidewalks. An applicant utilizing this option must proceed through the design review process for review of the project for determination of the project’s compliance with those standards, and in addition, whether it contributes to increased visual interest through a combination of increased building material variety, architectural features, facade changes, art, and colors; and, increased pedestrian activity through permeability between the building and the adjacent public realm using niches, bays, gateways, porches, colonnades, stairs or other similar features to facilitate pedestrian interaction with the building. B. Building Materials: 1. Ground Floor Building Materials: Other than windows and doors, a minimum amount of the ground floor facade’s wall area of any street facing facade shall be clad in durable materials according to Section 21A.37.060, Table 21A.37.060 of this chapter. Durable materials include stone, brick, masonry, textured or patterned concrete, and 43 fiber cement board. Other materials may be used for the remainder of the ground floor facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the ground floor of a structure. 2. Upper Floor Building Materials: Floors above the ground floor level shall include durable materials on a minimum amount of any street facing building facade of those additional floors according to Section 21A.37.060, Table 21A.37.060 of this chapter. Windows and doors are not included in that minimum amount. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the upper floor of a structure. C. Glass: 1. Ground Floor Glass: The ground floor building elevation of all new buildings facing a street, and all new ground floor additions facing a street, shall have a minimum amount of glass, or within a specified percentage range, between three feet (3’) and eight feet (8’) above grade according to Section 21A.37.060, Table 21A.37.060 of this chapter. All ground floor glass shall allow unhampered and unobstructed visibility into the building for a depth of at least five feet (5’), excluding any glass etching and window signs when installed and permitted in accordance with Chapter 21A.46, “Signs”, of this title. The planning director may approve a modification to ground floor glass requirements if the planning director finds: a. The requirement would negatively affect the historic character of an existing building; b. The requirement would negatively affect the structural stability of an existing building; or c. The ground level of the building is occupied by residential uses that face the street, in which case the specified minimum glass requirement may be reduced by fifteen percent (15%). 2. Upper Floor Glass: Above the first floor of any multi-story building, the surface area of the facade of each floor facing a street must contain a minimum amount of glass according to Section 21A.37.060, Table 21A.37.060 of this chapter. D. Building Entrances: At least one operable building entrance on the ground floor is required for every street facing facade. Additional operable building entrances shall be required, at a minimum, at each specified length of street facing building facade according to Section 21A.37.060, Table 21A.37.060 of this chapter. The center of each additional entrance shall be located within six feet (6’) either direction of the specified 44 location. Each ground floor nonresidential leasable space facing a street shall have an operable entrance facing that street and a walkway to the nearest sidewalk. Corner entrances, when facing a street and located at approximately a forty five degree (45°) angle to the two (2) adjacent building facades (chamfered corner), may count as an entrance for both of the adjacent facades. E. Maximum Length of Blank Wall: The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the ground floor level along any street facing facade shall be as specified according to Section 21A.37.060, Table 21A.37.060 of this chapter. Changes in plane, texture, materials, scale of materials, patterns, art, or other architectural detailing are acceptable methods to create variety and scale. This shall include architectural features such as bay windows, recessed or projected entrances or windows, balconies, cornices, columns, or other similar architectural features. The architectural feature shall be either recessed a minimum of twelve inches (12”) or projected a minimum of twelve inches (12”). F. Maximum Length of Street Facing Facades: No street facing building wall may be longer than specified along a street line according to Section 21A.37.060, Table 21A.37.060 of this chapter. A minimum of twenty feet (20’) is required between separate buildings when multiple buildings are placed on a single parcel according to Subsection 21A.36.010.B, “One Principal Building Per Lot”, of this title. The space between buildings shall include a pedestrian walkway at least five feet (5’) wide. G. Upper Floor Step Back: 1. For street facing facades the first full floor, and all additional floors, above thirty feet (30’) in height from average finished grade shall be stepped back a minimum horizontal distance from the front line of building, according to Section 21A.37.060, Table 21A.37.060 of this chapter. An alternative to this street facing facade step back requirement may be utilized for buildings limited to forty five feet (45’) or less in height by the zoning ordinance: those buildings may provide a four foot (4’) minimum depth canopy, roof structure, or balcony that extends from the face of the building toward the street at a height of between twelve feet (12’) and fifteen feet (15’) above the adjacent sidewalk. Such extension(s) shall extend horizontally parallel to the street for a minimum of fifty percent (50%) of the face of the building and may encroach into a setback as permitted per Section 21A.36.020, Table 21A.36.020.B, “Obstructions in Required Yards”, of this title. 2. For facades facing single- or two-family residential districts, a public trail or public open space the first full floor, and all additional floors, above thirty feet (30’) in height from average finished grade shall be stepped back a minimum horizontal distance from the corresponding required yard setback (building line) according to Section 21A.37.060, Table 21A.37.060 of this chapter. H. Exterior Lighting: All exterior lighting shall be shielded and directed down to prevent light trespass onto adjacent properties. Exterior lighting shall not strobe, flash or flicker. 45 I. Parking Lot Lighting: If a parking lot/structure is adjacent to a residential zoning district or land use, any poles for the parking lot/structure security lighting are limited to sixteen feet (16’) in height and the globe must be shielded and the lighting directed down to minimize light encroachment onto adjacent residential properties or into upper level residential units in multi-story buildings. Lightproof fencing is required adjacent to residential properties. J. Screening of Mechanical Equipment: All mechanical equipment for a building shall be screened from public view and sited to minimize their visibility and impact. Examples of siting include on the roof, enclosed or otherwise integrated into the architectural design of the building, or in a rear or side yard area subject to yard location restrictions found in Section 21A.36.020, Table 21A.36.020.B, “Obstructions in Required Yards”, of this title. K. Screening of Service Areas: Service areas, loading docks, refuse containers and similar areas shall be fully screened from public view. All screening enclosures viewable from the street shall be either incorporated into the building architecture or shall incorporate building materials and detailing compatible with the building being served. All screening devices shall be a minimum of one foot (1’) higher than the object being screened, and in the case of fences and/or masonry walls the height shall not exceed eight feet (8’). Dumpsters must be located a minimum of twenty five feet (25’) from any building on an adjacent lot that contains a residential dwelling or be located inside of an enclosed building or structure. L. Ground Floor Residential Entrances for Single-Family Dwellings: For the zoning districts listed in Section 21A.37.060, Table 21A.37.060 of this chapter all attached single-family dwellings, townhomes, row houses, and other similar single-family housing types located on the ground floor shall have a primary entrance facing the street for each unit adjacent to a street. Units may have a primary entrance located on a courtyard, mid block walkway, or other similar area if the street facing facades also have a primary entrance. M. Residential Character in RB District: 1. All roofs shall be pitched and of a hip or gable design except additions or expansions to existing buildings may be of the same roof design as the original building; 2. The remodeling of residential buildings for retail or office use shall be allowed only if the residential character of the exterior is maintained; 3. The front building elevation shall contain not more than fifty percent (50%) glass; 4. Signs shall conform with special sign regulations of Chapter 21A.46, “Signs”, of this title; 5. Building orientation shall be to the front or corner side yard; and 46 6. Building additions shall consist of materials, color and exterior building design consistent with the existing structure, unless the entire structure is resurfaced. N. Primary Entrance Design in SNB District: Primary entrance design shall consist of at least two (2) of the following design elements at the primary entrance, so that the primary entrance is architecturally prominent and clearly visible from the abutting street. 1. Architectural details such as arches, friezes, tile work, canopies, or awnings. 2. Integral planters or wing walls that incorporate landscape or seating. 3. Enhanced exterior light fixtures such as wall sconces, light coves with concealed light sources, or decorative pedestal lights. 4. A repeating pattern of pilasters projecting from the facade wall by a minimum of eight inches (8”) or architectural or decorative columns. 5. Recessed entrances that include a minimum step back of two feet (2’) from the primary facade and that include glass on the sidewalls. SECTION 20. Amending the text of Salt Lake City Code Section 21A.37.060. That Section 21A.37.060 of the Salt Lake City Code (Zoning: Design Standards: Design Standards Required in Each Zoning District) shall be, and hereby is amended to read as follows: 21A.37.060: DESIGN STANDARDS REQUIRED IN EACH ZONING DISTRICT: This section identifies each design standard and to which zoning districts the standard applies. If a box is checked, that standard is required. If a box is not checked, it is not required. If a specific dimension or detail of a design standard differs among zoning districts or differs from the definition, it will be indicated within the box. In cases when a dimension in this table conflicts with a dimension in the definition, the dimensions listed in the table supersede those in the definition. TABLE 21A.37.060 A. Residential Districts: Standard (Code Section) District RMF- 30 RMF- 35 RMF- 45 RMF- 75 RB R- MU- 35 R- MU- 45 R- MU RO Ground floor use (%) (21A.37.050.A.1) 75 75 47 Standard (Code Section) District RMF- 30 RMF- 35 RMF- 45 RMF- 75 RB R- MU- 35 R- MU- 45 R- MU RO Ground floor use + visual interest (%) (21A.37.050.A.2) Building materials: ground floor (%) (21A.37.050.B.1) 80 80 Building materials: upper floors (%) (21A.37.050.B.2) Glass: ground floor (%) (21A.37.050.C.1) 60 60 40 Glass: upper floors (%) (21A.37.050.C.2) Building entrances (feet) (21A.37.050.D) 75 75 X Blank wall: maximum length (feet) (21A.37.050.E) 15 15 15 Street facing facade: maximum length (feet) (21A.37.050.F) Upper floor step back (feet) (21A.37.050.G) 10 Lighting: exterior (21A.37.050.H) Lighting: parking lot (21A.37.050.I) X X Screening of mechanical equipment (21A.37.050.J) X X X Screening of service areas (21A.37.050.K) X X X Ground floor residential entrances (21A.37.050.L) Parking garages or structures (21A.44.060.A.15.) 48 Standard (Code Section) District RMF- 30 RMF- 35 RMF- 45 RMF- 75 RB R- MU- 35 R- MU- 45 R- MU RO Residential character in RB Residential/Business District (21A.37.050.N) X B. Commercial Districts: Standard (Code Section) District SNB CN CB CS CC CSHBD CG TSA Ground floor use (%) (21A.37.050A.1) 80 Ground floor use + visual interest (%) (21A.37.050.A.2) 60/25 Building materials: ground floor (%) (21A.37.050.B.1) 90 Building materials: upper floors (%) (21A.37.050.B.2) 60 Glass: ground floor (%) (21A.37.050.C.1) 40 40 40 40 60 Glass: upper floors (%) (21A.37.050.C.2) Building entrances (feet) (21A.37.050.D) X X X X X X X 40 Blank wall: maximum length (feet) (21A.37.050.E) 15 15 15 15 15 Street facing facade: maximum length (feet) (21A.37.050.F) 200 49 Standard (Code Section) District SNB CN CB CS CC CSHBD CG TSA Upper floor step back (feet) (21A.37.050.G) 15 Lighting: exterior (21A.37.050.H) X X X Lighting: parking lot (21A.37.050.I) X X X X X X X X Screening of mechanical equipment (21A.37.050.J) X X X X X Screening of service areas (21A.37.050.K) X X X X Ground floor residential entrances (21A.37.050.L) X Parking garages or structures (21A.44.060.A.15) Primary entrance design SNB Small Neighborhood Business District (21A.37.050.O) X C. Manufacturing Districts: Standard (Code Section) District M-1 M-2 Ground floor use (%) (21A.37.050.A.1) Ground floor use + visual interest (%) (21A.37.050.A.2) Building materials: ground floor (%) (21A.37.050.B.1) Building materials: upper floors (%) (21A.37.050.B.2) Glass: ground floor (%) (21A.37.050.C.1) Glass: upper floors (%) (21A.37.050.C.2) 50 Standard (Code Section) District M-1 M-2 Building entrances (feet) (21A.37.050.D) Blank wall: maximum length (feet) (21A.37.050.E) Street facing facade: maximum length (feet) (21A.37.050.F) Upper floor step back (feet) (21A.37.050.G) Lighting: exterior (21A.37.050.H) X X Lighting: parking lot (21A.37.050.I) X X Screening of mechanical equipment (21A.37.050.J) Screening of service areas (21A.37.050.K) Ground floor residential entrances (21A.37.050.L) Parking garages or structures (21A.44.060.A.15) D. Downtown Districts: Standard (Code Section) District D-1 D-2 D- 3 D- 4 Ground floor use (%) (21A.37.050.A.1) 75 753 Ground floor use + visual interest (%) (21A.37.050.A.2) 60/25 Building materials: ground floor (%) (21A.37.050.B.1) 80 702 Building materials: upper floors (%) (21A.37.050.B.2) 50 702 Glass: ground floor (%) (21A.37.050.C.1) 40/601 40 40 40 Glass: upper floors (%) (21A.37.050.C.2) 25 Building entrances (feet) (21A.37.050.D) 50 Blank wall: maximum length (feet) (21A.37.050.E) 15 Street facing facade: maximum length (feet) (21A.37.050.F) 200 Upper floor step back (feet) (21A.37.050.G) 51 Standard (Code Section) District D-1 D-2 D- 3 D- 4 Lighting: exterior (21A.37.050.H) X Lighting: parking lot (21A.37.050.I) X Screening of mechanical equipment (21A.37.050.J) X Screening of service areas (21A.37.050K) X Ground floor residential entrances (21A.37.050.L) Parking garages or structures (21A.44.060.A.15) X Notes: 1. Minimum requirement is 60 percent when project is within the Main Street retail core. 2. In the D-3 Downtown Warehouse/Residential District this percentage applies to all sides of the building, not just the front or street facing facade. 3. This percentage applies only as a requirement as noted in Subsection 21A.30.045.C.7.b of this title for projects that are seeking conditional height. E. Special Purpose Districts: Standard (Code Section) District RP BP FP AG AG -2 AG -5 AG -20 PL PL- 2 I UI OS NOS MH EI MU Ground floor use (%) (21A.37.050.A.1) Ground floor use + visual interest (%) (21A.37.050.A.2) Building materials: ground floor (%) (21A.37.050.B.1) Building materials: upper floors (%) (21A.37.050.B.2) 52 Standard (Code Section) District RP BP FP AG AG -2 AG -5 AG -20 PL PL- 2 I UI OS NOS MH EI MU Glass: ground floor (%) (21A.37.050.C.1) 40- 70 Glass: upper floors (%) (21A.37.050.C.2) Building entrances (feet) (21A.37.050.D) X Blank wall: maximum length (feet) (21A.37.050.E) 15 Street facing facade: maximum length (feet) (21A.37.050.F) Upper floor step back (feet) (21A.37.050.G) Lighting: exterior (21A.37.050.H) X X X Lighting: parking lot (21A.37.050.I) X X Screening of mechanical equipment (21A.37.050.J) X Screening of service areas (21A.37.050.K) X Ground floor residential entrances (21A.37.050.L) Parking garages or structures (21A.44.060.A.15) 53 SECTION 21. Amending the text of Salt Lake City Code Section 21A.38.070. That Section 21A.38.070 of the Salt Lake City Code (Zoning: Nonconforming Uses and Noncomplying Structures: Legal Conforming Single-Family Detached Dwellings, Two-Family Dwellings, and Twin Homes) shall be, and hereby is amended to read as follows: 21A.38.070: LEGAL CONFORMING SINGLE-FAMILY DETACHED DWELLINGS, TWO-FAMILY DWELLINGS, AND TWIN HOMES: Any legally existing single-family detached dwelling, two-family dwelling, or twin home located in a zoning district that does not allow these uses shall be considered legal conforming. Legal conforming status shall authorize replacement of the single-family detached dwelling, two-family dwelling, or twin home structure to the extent of the original footprint. A. Alterations, Additions or Extensions or Replacement Structures Greater Than the Original Footprint: In zoning districts other than M-1 and M-2, which do not allow detached single-family dwelling units, two-family dwelling units or twin homes, any alterations, extensions/additions or the replacement of the structure may exceed the original footprint by twenty five percent (25%) of the existing structure subject to the following standards: 1. Any alterations, extensions/additions or the replacement structure shall not project into a required yard beyond any encroachment established by the structure being replaced. 2. Any alterations, additions or extensions beyond the original footprint which are noncomplying are subject to special exception standards of Subsection 21A.52.030.A.15 of this title. 3. All replacement structures in nonresidential zones are subject to the provisions of Section 21A.36.190, “Residential Building Standards for Legal Conforming Single- Family Detached Dwellings, Two-Family Dwellings and Twin Homes in Nonresidential Zoning Districts”, of this title. Any alterations, additions or extensions or replacement structures which exceed twenty five percent (25%) of the original footprint, or alterations, additions or extensions or replacement of a single-family detached dwelling, two-family dwelling or twin home in an M-1 or M-2 zoning district may be allowed as a conditional use subject to the provisions of Chapter 21A.54 of this title. B. Off Street Parking: When replacing a legal conforming single-family detached dwelling, two-family dwelling or twin home, the number of new parking stalls 54 provided shall be in accordance with the parking spaces required by Section 21A.44.040. SECTION 22. Amending the text of Salt Lake City Code Section 21A.40.065. That Section 21A.40.065 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Outdoor Dining) shall be, and hereby is amended to read as follows: 21A.40.065: OUTDOOR DINING: “Outdoor dining”, as defined in Chapter 21A.62 of this title, shall be allowed within the buildable lot area, in all zoning districts where such uses are allowed, as either a permitted or conditional use. Outdoor dining in the public way shall be permitted subject to all city requirements. Outdoor dining is allowed within the required landscaped yard or buffer area, in commercial and manufacturing zoning districts where such uses are allowed. Outdoor dining is allowed in the RB, CN, MU, R-MU, RMU-35 and the RMU-45 zones and for nonconforming restaurants and similar uses that serve food or drinks through the provisions of the special exception process (see Chapter 21A.52 of this title). All outdoor dining shall be subject to the following conditions: A. All requirements of Chapter 21A.48 and Section 21A.36.020 of this title are met. B. All required business, health and other regulatory licenses for the outdoor dining have been secured. C. A detailed site plan demonstrating the following: 1. All the proposed outdoor dining activities will be conducted on private property owned or otherwise controlled by the applicant and that none of the activities will occur on any publicly owned rights-of-way unless separate approval for the use of any such public rights-of-way has been obtained from the city; 2. The location of any paving, landscaping, planters, fencing, canopies, umbrellas or other table covers or barriers surrounding the area; 3. The proposed outdoor dining will not impede pedestrian or vehicular traffic; and 4. The main entry has a control point as required by state liquor laws. D. The proposed outdoor dining complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for property. 55 E. Live music will not be performed nor loudspeakers played in the outdoor dining area unless the decibel level is within conformance with the Salt Lake City noise control ordinance, Title 9, Chapter 9.28 of this Code. F. Smoking shall be prohibited within the outdoor dining area and within twenty five feet (25’) of the outdoor dining area. G. The proposed outdoor dining complies with the environmental performance standards as stated in Section 21A.36.180 of this title. H. Outdoor dining shall be located in areas where such use is likely to have the least adverse impacts on adjacent properties. SECTION 23. Amending the text of Salt Lake City Code Chapter 21A.44. That Chapter 21A.44 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading) shall be, and hereby is amended to read as follows: 21A.44.010: Purpose 21A.44.020: Applicability 21A.44.030: Calculation of Parking 21A.44.040: Required Off Street Parking 21A.44.050: Alternatives to Minimum and Maximum Parking Calculations 21A.44.060: Parking Location and Design 21A.44.070: Off Street Loading Areas 21A.44.080: Drive-Through Facilities and Vehicle Stacking Areas 21A.44.090: Modifications to Parking Areas 21A.44.100: Use and Maintenance 21A.44.110: Nonconforming Parking and Loading Facilities 21A.44.010: PURPOSE: This chapter is intended to require that new development and redevelopment projects provide off street parking and loading facilities in proportion to the parking, loading, and transportation demands of the buildings and land uses included in those projects. This chapter is also intended to help protect the public health, safety, and general welfare by: A. Avoiding and mitigating traffic congestion and reducing the financial burden on taxpayer funded roadways; B. Providing necessary access for service and emergency vehicles; 56 C. Providing for safe and convenient interaction between vehicles, bicycles, and pedestrians; D. Providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city; E. Reducing storm water runoff, reducing heat island effect from large expanses of pavement, improving water quality, and minimizing dust pollution; F. Establishing context-sensitive parking standards to reflect the current and future built environment of neighborhoods; and G. Avoiding and mitigating the adverse visual and environmental impacts oflarge concentrations of exposed parking. 21A.44.020: APPLICABILITY: A. Amounts of Parking, Loading, and Drive-Through Facilities Required: The standards of this chapter are intended to establish: minimum and maximum amounts of vehicle parking; minimum required bicycle parking, minimum required loading facilities, and minimum capacity of drive-through facilities and shall apply to projects involving the activities listed below. In some instances, other standards of this chapter providealternatives for required compliance. Certain exemptions are intended to encourage utilization of existing structures and preserve desirable characteristics of locations built prior to parking requirements. 1. New Development: Unless otherwise exempted by Section 21A.44.020.A.4, the standards in this chapter shall apply to all development and land uses upon adoption of this ordinance. 2. Expansion of Use or Structure: The number of off street parking and loading spaces for the expansion of a use or structure shall comply with the requirements of Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“ and the standards of this chapter when: a. One or more additional dwelling units is created; or b. The addition to or expansion of one or more structures or uses that, when considered together with any other expansions during the previous two-year period, would increase the total usable floor area of the structure(s) by more than twenty- five percent (25%); or c. The addition to or expansion of one (1) or more structures or uses that requires conditional use permit approval. 3. Change of Use: 57 a. Except when located within an Urban Center or Transit Context, or as stated in Subsection b below, off street parking shall be provided pursuant to this chapterfor any change of use that increases the minimum number of required vehicle parking spaces by: (1) More than ten (10) parking spaces; or (2) More than twenty-five percent (25%) of the parking spaces that currently exist on-site or on permitted off-site locations. b. For changes in use in buildings built prior to 1944, no additional parking shall be required beyond what is existing. 4. Exemptions from Parking Requirements: The following shall be exempt from providing the minimum parking required by Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“, but shall comply with maximum parking allowed and location and design standards in Section 21A.44.060 if parking is provided: a. Lots created prior to April 12,1995 that are less than five thousand (5,000) square feet in lot area, except those being used for single- family, two-family, and twin home dwelling uses; b. Expansions or enlargements that increase the square footage of usable floor area of an existing structure or parking requirements for the use by twenty-five percent (25%) or less, provided that existing off street parking and loading areas are not removed. B. Location and Design: Section 21A.44.060, “Parking Location and Design“, shall apply to all vehicle parking, bicycle parking, loading, and drive-through facilities, regardless of whether the project is subject to the requirements for additional parking spaces or other facilities pursuant to Subsection 21A.44.020.A above. Parking garages are subject to design standards found in Subsection 21A.44.060.A.16 and specific requirements of other zoning districts found in Subsection 21A.44.060.B. 21A.44.030: CALCULATION OF PARKING: A. Generally: 1. All parking and loading requirements that are based on square footage shall be calculated on the basis of usable floor area of the subject use, unless otherwise specified in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“. 2. Parking spaces shall not be counted more than once for required off-site, shared, and/or alternative parking plans, except where the development 58 complies with off-site, shared, and/or alternative parking standards. 3. Parking spaces designed or designated exclusively for motorcycles, scooters, and other two wheeled vehicles shall not count toward the number of minimum required or maximum allowed off street parking spaces. 4. Parking spaces intended for storage of business vehicles, such as fleet vehicles, delivery vehicles, or vehicles on display associated with sales or rental shall not count toward the number of minimum required or maximum allowed off street parking spaces unless otherwise stated in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“. 5. Parking spaces designed or designated exclusively for recreational vehicles shall not count toward the number of minimum required or maximum allowed off street parking spaces. 6. When calculations of the number of required off street parking spaces for vehicles or bicycles result in a fractional number, any fraction of 0.5 or larger shall be rounded up to the next higher whole number. Calculations for more than one use in a project shall be calculated for each individual use and may be rounded individually and added, or added then rounded as determined by the applicant. 7. Lots containing more than one (1) use may provide parking and loading based on the shared parking calculations in Subsection 21A.44.050.B, “Shared Parking”. B. Unlisted Uses: For uses not listed in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking” the planning director is authorized to do any of the following: 1. Apply the minimum or maximum off street parking space requirement specified in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“, for the listed use that is deemed most similar to the proposed use as determined by the planning director based on operating characteristics, the most similar related occupancy classification, or other factors related to potential parking demand determined by the director. 2. Apply a minimum parking requirement of three (3) spaces per one thousand (1,000) square feet of usable floor area for the use and a maximum parking allowance of five (5) spacesper one thousand (1,000) square feet of useable floor area for the use. 3. Establish the minimum off street parking space and loading requirements based on a parking study prepared by the applicant according to Subsection 21A.44.050.F. 59 21A.44.040: REQUIRED OFF STREET PARKING: A. Minimum and Maximum Parking Spaces Required: 1. Unless otherwise provided in this code, each development or land use subject to thischapter pursuant to Section 21A.44.020 shall provide at least the minimum number, and shall not provide more than the maximum number, of off street parking spaces required by Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“. 2. A parking standard shown in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking”, is not an indication of whether the use is allowed or prohibited in the respective zoning district or context area. See Chapter 21A.33, “Land Use Tables” for allowed and prohibited uses. 3. The maximum parking limit does not apply to parking provided in parking garages, stacked or racked parking structures, or to off-site parking that complies with all other requirements of this title. 4. The maximum parking limit does not apply to properties in the M-1, M-2, BP, or Airport zoning districts that are located west of the centerline of Redwood Road. 5. If a conditional use is approved by the planning commission in accordance with Chapter 21A.54, “Conditional Uses”, and the conditional use approval states a different parking requirement than that required by this Chapter 21A.44, and is determined necessary to mitigate a detrimental impact, then the parking requirement in the conditional use approval shall apply. 6. All uses with vehicle stacking and/or drive-through facilities shall comply with Section 21A.44.080, “Drive-Through Facilities and Vehicle Stacking Areas”, in addition to the requirements of Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“. 7. All uses with outdoor sales, display, leasing, and/or auction areas shall also provide one-half (1/2) parking space and no more than two (2) parking spaces per one thousand (1,000) sq. ft. of outdoor sales, display, leasing, and/or auction area. This additional parking shall not count toward the maximum allowed per Table 21A.44.040-A, “Minimum and Maximum Off Street Parking”, when a maximum is specified. Context Approach: 60 Salt Lake City has a wide variety of development contexts that make any single approach to minimum and maximum parking requirements ineffective. The parking demand for a downtown area served by transit will be much lower than a downtown adjacent neighborhood or suburban shopping center. To ensure that minimum and maximum parking requirements reflect the built context (and future built context) of the area, we created four distinct “context areas”, and then tailored minimum and maximum parking standards to each. The Minimum and Maximum Off Street Parking Table below lists the specific zoning districts included in each context area. The following is a brief narrative introducing each context area: 1. General Context: This category includes the city’s zoning districts that tend to be more auto-dependent and/or suburban in scale and parking needs. This context applies broadly to all of the zoning districts that are not specifically listed in the other context areas. 2. Neighborhood Center: This category includes areas with small- or moderate-scale shopping, gathering, or activity spaces, often within or adjacent to General Context areas, but that are not necessarily well served by transit. This category includes zoning districts with pedestrian-scale development patterns, building forms, and amenities. 3. Urban Center: This category includes zoning districts with dense, pedestrian-oriented development within more intensely developed urban centers. The parking demand in this context is higher than in the Neighborhood Center Context, but lower than areas with good transit service. 4. Transit Context: This category includes those zoning districts that immediately surround mass-transit facilities and/or are in the downtown core. These areas have the lowest parking demand and may be exempt from minimum parking requirements or be required to provide minimal off street parking. 61 TABLE 21A.44.040-A: MINIMUM AND MAXIMUM OFF STREET PARKING: DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB- UN3, FB-SC. R-MU Vehicle Stacking and Drive-Through Facilities: See Subsection 21A.44.040.A.6 Outdoor Sales/Display/Leasing/Auction Areas: See Subsection 21A.44.040.A.7 RESIDENTIAL USES Household Living Artists’ loft/studio 1.5 spaces per DU 1 space per DU 0.5 spaces per DU No Minimum No Maximum Manufactured home 2 spaces per DU 1 space per DU No Minimum All Contexts: 4 spaces, not including recreational vehicle parking spaces Mobile home Single-family (attached) Single-family (detached) Single-family cottage development building form 1 space per DU Twin home 2 spaces per DU Two-family 62 Multi-family Studio and 1 bedrooms: 1 space per DU, 2+ bedrooms 1.25 space per DU Studio and 1+ bedrooms: 1 space per DU Studio: No Minimum 1 bedroom: 0.5 space per DU 2+ bedrooms: 1 space per DU No Minimum All Contexts: Studio & 1 Bedroom: 2 spaces per DU 2+ bedrooms: 3 spaces per DU Group Living Assisted living facility 1 space for each 6 infirmary or nursing home beds; plus 1 space for each 4 rooming units; plus 1 space for each 3 DU See Table Note A 1 space for each 8 infirmary or nursing home beds; plus 1 space for each 6 rooming units; plus 1 space for each 4 DU See Table Note A No Minimum No Maximum Nursing care facility Eleemosynary facility 1 space per 4 persons design capacity; See Table Note A 1 space per 6 persons design capacity; See Table Note A 1 space per 4 persons design capacity; See Table Note A No Minimum All Contexts: 1 space per 3 persons design capacity; See Table Note A Group home Residential support Dormitory, fraternity, sorority 1 space per 2 persons design capacity 1 space per 3 persons design capacity 1 space per 4 persons design capacity No Minimum All Contexts: 1 space per 1 persons design capacity Rooming (boarding) house 1 space per 2 guest rooms 1 space per 3 guest rooms 1 space per 4 guest No Minimum No Maximum 63 rooms Shared housing 0.5 spaces per unit 0.25 spaces per unit No Minimum No Maximum PUBLIC, INSTITUTIONAL, AND CIVIC USES Community and Cultural Facilities Art gallery 1 space per 1,000 sq. ft. 0.5 spaces per 1,000 sq. ft. No Minimum All Contexts: 2 spaces per 1,000 sq. ft. Studio, Art Exhibition hall Museum Crematorium 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum No Maximum Daycare center, adult Daycare center, child Homeless resource center Library Community correctional facility, 3 spaces per 1,000 sq. ft. 2.5 spaces per 1,000 sq. ft. Community recreation center Jail Government facility 3 spaces per 1,000 sq. ft. of office area 1 space per 1,000 sq. ft. of office area No Minimum No Maximum Social service mission and charity dining hall 64 Municipal service use, including city utility use and police and fire station 2 spaces per 1,000 sq. ft. of office area, plus 1 space per service vehicle 1 space per 1,000 sq. ft. of office area, plus 1 space per service vehicle No Minimum No Maximum Club/lodge 1 space per 6 seats in main assembly area 1 space per 8 seats in main assembly area 1 space per 10 seats in main assembly area No Minimum All Contexts: 1 space per 4 seats in main assembly area Meeting hall of membership organization Convent/monastery 1 space per 4 persons design capacity 1 space per 6 persons design capacity 1 space per 8 persons design capacity No Minimum No Maximum Funeral home 1 space per 4 seats in main assembly area 1 space per 5 seats in main assembly area 1 space per 6 seats in main assembly area No Minimum Urban Center and Transit Center Context: 2 spaces per 4 seats in main assembly areas Neighborhood Center and General Context: No maximum Place of worship All Contexts: 65 1 space per 6 seats or 1 space per 300 sq. ft., whichever is less 1 space per 8 seats or 1 space per 400 sq. ft., whichever is less 1 space per 10 seats or 1 space per 500 sq. ft., whichever is less No Minimum 1 space per 3.5 seats or 1 space per 200 sq. ft., whichever is greater Fairground See Table Note B No Maximum Philanthropic use See Table Note B All Contexts: 2 spaces per 1,000 sq. ft. of office, plus 1 space per 6 seats in assembly areas Zoological park See Table Note B No Maximum Ambulance service Cemetery No Minimum Plazas Park Open space Educational Facilities College and university 2 spaces per 1,000 sq. ft. office, research, and library area, plus 1 space per 6 seats in assembly areas 1 space per 1,000 sq. ft. office, research, and library area, plus 1 space per 10 seats in assembly areas K - 12 private Elementary or Middle: 1 space per 20 students 66 K - 12 public design capacity High Schools: 1 space per 8 students design capacity No Minimum All Contexts: 4 spaces per 1,000 sq. ft. Dance/music studio 3 spaces per 1,000 sq. ft. 2.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Music conservatory Professional and vocational Professional and vocational (with outdoor activities) Seminary and religious institute Healthcare Facilities Clinic (medical, dental) 4 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum All Contexts: 6 spaces per 1,000 sq. ft Blood donation center 3 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Transit and Urban Center Context: 3 spaces per 1,000 sq. ft Neighborhood Center and General Context: 6 spaces per 1,000 sq. ft. Hospital 1 space per 3 patient beds design capacity 1 space per 2 patient beds design capacity All Contexts: 1 space per 2 patient beds design capacity Hospital, including accessory lodging facility COMMERCIAL USES 67 Agricultural and Animal Uses Greenhouse 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum Transit and Urban Center Context: 2 spaces per 1,000 sq. ft Neighborhood Center and Kennel Pound Veterinary office Cremation service, animal 1 space per 1,000 sq. ft. Kennel on lots of 5 acres or larger Poultry farm or processing plant General Context: No Maximum Raising of furbearing animals Slaughterhouse Agricultural use No Minimum Community garden Farmer’s market Grain elevator Pet cemetery Stable Stockyard Urban farm Botanical garden See Table Note B Recreation and Entertainment Auditorium 1 space per 4 seats in assembly areas 1 space per 6 seats in 1 space per 8 seats in No Minimum All Contexts: 1 space per 3 seats in assembly Theater, live performance 68 Theater, movie assembly areas assembly areas areas Amphitheater See Table Note B Athletic Field Stadium Tennis court (principal use) 2 spaces per court No Minimum Transit and Urban Center Bowling 2 spaces per lane Context: 2 spaces per court or lane Neighborhood Center and General Context: No Maximum Convention center 1 space per 1,000 sq. ft. No Minimum All Contexts: 3 spaces per 1,000 sq. ft. Swimming pool, skating rink or natatorium Health and fitness facility 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. All Contexts: 4 spaces per 1,000 sq. ft. Performing arts production facility Reception center Recreation (indoor) 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. Recreational vehicle park (minimum 1 acre) 1 space per designated camping or RV spot No Maximum Amusement park See Table Note B Recreation (outdoor) See Table Note B 69 Food and Beverage Services Brewpub Indoor tasting/seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasting/seating area: 2 spaces per 1,000 sq. ft. Indoor tasting/ seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasting/ se ating area: 1 space per 1,000 sq. ft. No Minimum Transit and Urban Center Context: 5 spaces per 1,000 sq. ft indoor tasting/seating area Neighborhood Center and General Context: 7 spaces per 1,000 sq. ft. indoor tasting/seating area All Contexts: Outdoor tasting/ seating area: 4 spaces per 1,000 sq. ft. Restaurant Tavern Social club 1 space per 6 seats in main assembly area, or 1 space per 300 sq. ft., whichever is less 1 space per 8 seats in main assembly area, or 1 space per 400 sq. ft., whichever is less 1 space per 10 seats in main assembly area, or 1 space per 500 sq. ft., whichever is less No Minimum All Contexts: 1 space per 4 seats in main assembly area, or 1 space per 200 sq. ft., whichever is greater Office, Business, and Professional Services Check cashing/payday loan business General Context: 70 Dental laboratory/ research facility 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum 4 spaces per 1,000 Neighborhood Center Context: 3 spaces per 1,000 Urban Center and Transit Center Contexts: 2 spaces per 1,000 Financial institution Research and laboratory facilities Office (excluding medical and dental clinic and office) 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. Retail Sales & Services Photo finishing lab No Minimum 1 space per 1,000 sq. ft. No Minimum Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center and General Context: 3 spaces per 1,000 sq. ft. Electronic repair shop Furniture repair shop Upholstery shop Radio, television station 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. 71 Store, Convenience 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. No Minimum Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center: 3 spaces per 1,000 sq. ft. General Context: 5 spaces per 1,000 sq. ft. Auction, Indoor 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. Transit Context: 2 Store, Department Fashion oriented development 1 space per 1,000 sq. ft. spaces per 1,000 sq. ft. Urban Center and Neighborhood Center Context: 3 spaces per 1,000 sq. ft. General Context: 4 spaces per 1,000 sq. ft. Flea market (indoor) Flea market (outdoor) Store, Mass merchandising Store, Pawn shop Store, Specialty Retail goods establishment Retail service establishment Store, Superstore and hypermarket Store, Warehouse club 72 Retail shopping center over 55,000 sq. ft. usable floor area Up to 100,000 sq. ft. : 2. spaces per 1,000 sq. ft. . Above 100,000 sq. ft. : sq. ft. 1.5 spaces per 1,000 sq. ft. Up to 100,000 sq. ft. : 1.5 spaces per 1,000 sq. ft. . Above 100,000 sq. ft. : 1.25 spaces per 1,000 sq. ft. Transit and Urban Center Contexts: up to 100,000 sq. ft.: 2 spaces per 1,000 sq. ft., above 100,000 sq. ft.: 1.75 spaces per 1,000 sq. ft. Neighborhood Center and General Context: Up to 100,000 sq. ft.: 3 spaces per 1,000 sq. ft., above 100,000 sq. ft.: 2.5 spaces per 1,000 sq. ft. Plant and garden shop with outdoor retail sales area 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Transit and Urban Center Contexts: 1.5 spaces per 1,000 sq. ft. Neighborhood Center: 2 spaces per 1,000 sq. ft. General Context: 3 spaces per 1,000 sq. ft. 73 Lodging Facilities Bed and breakfast 1 space per guest bedroom 0.5 spaces per guest bedroom No Minimum All Contexts: 1.25 spaces per guest bedroom Hotel/motel All Contexts: 1.5 spaces per guest bedroom Vehicles and Equipment Vehicle Auction 2 spaces per 1,000 sq. ft. of office area plus 1 space per service bay 1 space per 1,000 sq. ft. of office area plus 1 space per service bay No Minimum No Maximum Automobile part sales 2 spaces per 1,000 sq. ft. of indoor sales/leasing/office area plus 1 space per service bay 1 space per 1,000 sq. ft. of indoor sales/leas ing/ office area plus 1 space per service bay No Minimum All Contexts: 3 spaces per 1,000 sq. ft. of indoor sales/leasing/ office area, plus 1 space per service bay Automobile and truck repair sales/rental and service Boat/recreational vehicle sales and service (indoor) Equipment rental (indoor and/or outdoor) Equipment, heavy (rental, sales, service) 74 Manufactured/mobile home sales and service Recreational vehicle (RV) sales and service Truck repair sales and rental (large) Car wash No Minimum Transit and Urban Center Contexts: 1 space per 1,000 sq. ft. Neighborhood Center: 2 spaces per 1,000 sq. ft. General Context: 5 spaces per 1,000 sq. ft. Car wash as accessory use to gas station or convenience store that sells gas Gas station 2 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. No Minimum General Context: 5 spaces per 1,000 sq. ft. Neighborhood Center Context: 3 spaces per 1,000 sq. ft. Urban Center Context: 1 space per 1,000 sq. ft. Bus line yard and repair facility 1 space per 1,000 sq. ft. , plus 1 space per commercial fleet vehicle No Minimum No Maximum 75 Impound lot Limousine service Taxicab facility Tire distribution retail/wholesale Adult Entertainment Establishments Sexually oriented business 3 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum All Contexts: 5 spaces per 1,000 sq. ft. TRANSPORTATION USES Airport Determined by Airport Authority No Maximum Heliport Bus line station/terminal No Minimum Urban Center and Transit Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center and General Context: 1 space per 150 average daily passenger boardings Intermodal transit passenger hub Railroad, passenger station Transportation terminal, including bus, rail and trucking Railroad, repair shop 1 space per 1,000 sq. ft. , plus 1 space per fleet vehicle generally stored on-site No Minimum No Maximum Truck freight terminal Railroad, freight terminal facility No Minimum INDUSTRIAL USES 76 Manufacturing and Processing Artisan food production 1 space per 1,000 sq. ft. of production area, plus 2 spaces per 1,000 sq. ft. of office/retail 0.5 spaces per 1,000 sq. ft. of productio n area, plus 1.5 spaces per 1,000 sq. ft. of office/ret ail No Minimum Transit and Urban Center Contexts: 1 space per 1,000 sq. ft. of production area, plus 2 spaces per 1,000 sq. ft. of office/retail Neighborhood Center and General Context: 2 spaces per 1,000 sq. ft. of production area, plus 3 spaces per 1,000 sq. ft. of office/retail Bakery, commercial Automobile salvage and recycling (outdoor) 1 space per 1,000 sq. ft. of office 0.5 space per 1,000 sq. ft. of office No Minimum All Contexts: 7 spaces per 1,000 sq. ft. of office/retail Processing center (outdoor) Automobile salvage and recycling (indoor) Blacksmith shop Bottling plant Brewery/Small Brewery 77 Chemical manufacturing and/or storage 1 space per 1,000 sq. ft. No Minimum No Maximum Commercial food preparation Distillery Drop forge industry Explosive manufacturing and storage Food processing Heavy manufacturing Incinerator, medical waste/hazardous waste Industrial assembly Jewelry fabrication Laundry, commercial Light manufacturing Manufacturing and processing, food Paint manufacturing Printing plant Processing center (indoor) Recycling Sign painting/ fabrication Studio, motion picture 78 Welding shop No Minimum Winery Woodworking mill Collection station No Minimum Concrete and/or asphalt manufacturing Extractive industry Manufacturing, concrete or asphalt Refinery, petroleum products Storage and Warehousing Air cargo terminals and package delivery facility 1 space per 1,000 sq. ft. , plus 1 space per fleet vehicle generally stored on-site No Maximum Building materials distribution Flammable liquids or gases, heating fuel distribution and storage Package delivery facility Warehouse Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate) Wholesale distribution 79 Storage, self 2 spaces per 1,000 sq. ft. of office area, plus 1 space per 30 storage units 2 spaces per 1,000 sq. ft. of office All Contexts: 1 space for every 15 storage units Contractor’s yard/office 2 spaces per 1,000 sq. ft. of office area All Contexts: 3 spaces per 1,000 sq. ft. of office area Rock, sand and gravel storage and distribution No Minimum No Maximum Storage (outdoor) Storage and display (outdoor) Storage, public (outdoor) PUBLIC AND SEMI-PUBLIC UTILITY USES Utility: Building or structure No Minimum No Maximum Antenna, communication tower Antenna, communication tower, exceeding the maximum building height in the zone Large wind energy system Solar array Utility: Electric generation facility Utility: Sewage treatment plant 80 Utility: Solid waste transfer station Utility: Transmission wire, line, pipe or pole Wireless telecommunications facility ACCESSORY USES Accessory Dwelling Unit See Section 21A.40.200: Accessory Dwelling Units Accessory guest and servant’s quarter 1 space per DU No Minimum Living quarter for caretaker or security guard All Contexts: 4 spaces per DU Retail, sales and service accessory use when located within a principal building 2 spaces per 1,000 1 space per 1,000 Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center: 3 spaces per 1,000 sq. ft. General Context: 4 spaces per 1,000 sq. ft. Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees No Minimum Warehouse, accessory 0.5 spaces per 1,000 sq. ft. of warehouse/wholesale No Minimum 81 Accessory use, except those that are otherwise specifically regulated elsewhere in this title No Minimum No Maximum Heliport, accessory Reverse vending machine Storage, accessory (outdoor) TEMPORARY USES Mobile food business (operation in public right-of-way) No minimum, unless required by temporary use permit or as determined by the Zoning Administrator No Maximum Mobile food business (operation on private property) Mobile food court Vending cart, private property Vending cart, public property Farm stand, seasonal Table Notes: A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal Fair Housing Act, and that (b) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. B. Parking requirements to be determined by the transportation director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. B. Electric Vehicle Parking: Each multi-family use shall provide a minimum of one (1) parking space dedicated to electric vehicles for every twenty five (25) parking 82 spaces provided on-site. Electric vehicle parking spaces shall count toward the minimum required number of parking spaces. The electric vehicle parking space shall be: 1. Located in the same lot as the principal use; 2. Located as close to a primary entrance of the principal building as possible; 3. Signed in a clear and conspicuous manner, such as special pavement marking or signage, indicating exclusive availability to electric vehicles; and 4. Outfitted with a standard electric vehicle charging station. C. Accessible Parking: 1. The number and design of accessible (ADA) parking spaces shall be pursuant to the standards provided in the Salt Lake City Off Street Parking Standards Manual. 2. Parking areas with four (4) or fewer vehicle parking spaces are not required to identify an accessible parking space; however, if parking is provided, a minimum of one (1) parking space shall comply with the ADA standard dimensions. 3. The number of required accessible spaces shall be based on the total number of vehicle spaces provided to serve the principal uses, as shown below in Table 21A.44.040-B, “Accessible Parking Required“. TABLE 21A.44.040-B: ACCESSIBLE PARKING REQUIRED: Off Street Parking Spaces Provided Minimum Required Accessible Spaces 1 to 100 1 per 25 parking spaces 101 to 500 1 per 50 parking spaces 501 to 1,000 2 percent of total number of parking spaces 1,001 and more 20, plus 1 for each 100 parking spaces over 1,000 83 D. Bicycle Parking: 1. Applicability: The following regulations apply to all uses except for single- family, two-family, and twin home residential uses and nonresidential uses having less than one thousand square feet (1,000 sq. ft.) of usable floor area. 2. Calculation of Minimum Required Bicycle Parking Spaces: The number of required bicycle spaces shall be based on the use within the defined parking contexts as shown in Table 21A.44.040-C, “Minimum Bicycle Parking Requirements”, unless another city standard requires a different number of bicycle parking spaces for a specific use, in which case the use-specific bicycle parking standard shall apply. TABLE 21A.44.040-C: MINIMUM BICYCLE PARKING REQUIREMENTS*: (Calculation of Bicycle Parking Spaces to be Provided per Residential Unit or Based on Usable Floor Area) Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA- C, UI, FB-UN2, FB- UN3, FB- SC, R-MU Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units Public, Institutional, and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft. Commercial Uses 1 per 20,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft. Industrial Uses No requirement No requirement No requirement No Requirement *For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to the nearest whole number, with one-half counted as an additional space 3. Building Expansions or Changes of Use: Building expansions or changes of use that require additional vehicle parking spaces pursuant to Section 84 21A.44.020 and Section 21A.44.040 shall provide additional bicycle parking spaces based on the calculations in Table 21A.44.040-C, “Minimum Bicycle Parking Requirements”, for the entire use. 4. Secure/Enclosed Bicycle Parking: Each one (1) bicycle parking space that is within a secure/enclosed bicycle parking facility may be used to satisfy the requirement of two (2) required bicycle parking spaces. 5. Existing Public Bicycle Parking Facilities: Permanent public bicycle racks or bike corrals located within fifty feet (50’) of the primary entrance to the principal building may be used to satisfy up to two (2) required bicycle parking spaces. 6. Accessory and Temporary Uses: No bicycle parking spaces are required for accessory or temporary uses. 21A.44.050: ALTERNATIVES TO MINIMUM AND MAXIMUM PARKING CALCULATIONS: The amount of off street vehicle parking required pursuant to Table 21A.44.040-A, “Minimum and Maximum Off Street Parking”, may be adjusted by the factors listed in this section. These adjustments may be applied as part of the calculation of parking requirements and do not require discretionary approval by the City. A. Limitations on Adjustments to Minimum Required Parking: The adjustments listed in Subsections 21A.44.050.B through 21A.44.050.G may be used in any combination, but shall not be combined to reduce the minimum required parking established in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“, by more than forty percent (40%). B. Shared Parking: 1. Shared Parking for Two or More Uses: a. Where two (2) or more uses listed in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking”, share a parking garage or parking lot that is located on one of the properties that is sharing parking, or is located within the maximum permitted distance of all of the properties sharing parking shown in Table 21A.44.060-B, “Maximum Distances for Off-Site Parking”, the total minimum off street parking requirement for those uses may be reduced by the factors shown in Table 21A.44.050-A, “Shared Parking Reduction Factors“. b. The minimum number of off street parking spaces shall be the sum of the parking requirements for the uses divided by the factor shown in Table 21A.44.050-A, “Shared Parking Reduction Factors”, for that combination of uses. 85 Example: If a 5,000 square foot art gallery shared a parking lot with a 5,000 square foot retail goods establishment, and a 100 unit multi-family residential use in the Urban Center Context, the minimum off street parking required would be calculated as follows: Use 1: Art Gallery 0.5 per 1,000 sq. ft. x (5,000 sq. ft.) = 3 parking spaces Use 2: Retail Goods Establishment 1 per 1,000 sq. ft. x (5,000 sq. ft.) = 5 parking spaces Use 3: Multi-Family Residential 0 per studio unit x (20 studio units) = 0 parking spaces 0.5 per 1 bedroom unit x (36 1 bedroom units) = 18 parking spaces 1 per 2+ bedroom units x (44 2+ bedroom units) = 44 parking spaces 0+18+44 = 62 parking spaces Sum of two largest minimum parking requirements: 5 (retail goods establishment)+ 62 (multi-family) = 67 parking spaces Reduction Factor (two largest minimums): 67 ÷ 1.2 reduction factor = 55.8 or 56 parking spaces Add Remaining Minimum(s): 56 (retail & multi-family) + 3 (art gallery) = 59 parking spaces required TABLE 21A.44.050-A: SHARED PARKING REDUCTION FACTORS: Property Use Multi-Family Residential Public, Institutional, or Civic Food and Beverage, Recreation and Entertainment, or Lodging Retail Sales Other Non- Residential Multi-Family Residential [1] Public, Institutional and Civic 1.1 Food and Beverage, Recreation and Entertainment, or 1.1 1.2 86 Lodging Retail Sales 1.2 1.3 1.3 Other Non-Residential 1.3 1.5 1.7 1.2 [1] Applies to multi-family residential, assisted living facility (large), group home (large), and residential support (large) uses 2. Documentation Required: a. The owners of record involved in the joint use of shared parking shall submit written documentation of the continued availability of the shared parking arrangement to the Transportation Director for review. b. The Director shall approve the shared parking arrangement if the Director determines that the documentation demonstrates the continued availability of the shared parking facility for a reasonable period of time. No zoning or use approval shall be issued until the Director has approved the shared parking documentation. c. If the shared parking arrangement is later terminated or modified and the Director determines that the termination or modification has resulted in traffic congestion, overflow parking in residential neighborhoods, or threats to pedestrian, bicycle, or vehicle safety, the property owners involved in the shared parking arrangement may be held in violation of this chapter. C. Proximity to Fixed-Rail Transit: Required parking for a development located within one-quarter mile (when measured radially in a straight line from the subject property line) of a fixed-rail transit station platform in the General Context, Neighborhood Center Context, and Urban Center Context areas may be reduced by up to twenty-five percent (25%). This shall not apply to single or two-family uses including: single-family (attached or detached), twin homes, or two-family. D. Affordable and Senior Housing (Multi-Family Structures): The minimum number of required off street parking spaces for multi-family residential developments with at least ten (10) dwelling units may be reduced by twenty-five percent (25%) if the multi-family development has: 1. A minimum of twenty-five percent (25%) of the dwelling units are restricted to residents with no greater than sixty percent (60%) area median income (AMI) 87 for leased units; or 2. A minimum of thirty-five percent (35%) of the dwelling units are restricted to residents with no greater than eighty percent (80%) AMI for sale units; or 3. A minimum of seventy-five percent (75%) of the dwelling units are restricted to persons sixty-five (65) years of age or older. For a development that meets any of the scenarios above, an additional reduction of up to fifteen percent (15%) may be allowed when the development is located within one-quarter mile (when measured radially in a straight line from the subject property line) of a bus stop that is serviced by the same route at least every fifteen (15) minutes during daytime hours, Monday - Saturday. E. Car Pool and Carshare Parking: 1. For parking lots with one hundred (100) or more parking spaces, each off street parking space designated and signed for the exclusive use of a shared car pool vehicle shall count as three (3) spaces toward the satisfaction of minimum off street vehicle parking requirements. 2. For parking lots with one hundred (100) or more parking spaces, each off street parking space designated and signed for the exclusive use of a shared vanpool vehicle shall count as seven (7) spaces toward the satisfaction of minimum off street vehicle parking requirements. 3. For parking lots of any size, each off street parking space designated and signed for the exclusive use of a carshare vehicle shall count as four (4) spaces toward the satisfaction of minimum off street vehicle parking requirements. F. Valet Parking Services: Modifications to minimum on site parking spaces may occur on a one-to-one basis if off site valet parking is provided and: 1. The design of the valet parking does not cause customers who do not use the valet services to park off the premises or cause queuing in the right-of-way; 2. The availability of valet parking service is clearly posted outside the establishment and near the main entrance; and 3. The applicant provides adequate written assurances for the continued operation of the valet parking, and a written agreement to notify future owners and tenants of the property of the duty to continue to provide off-site valet parking. G. Parking Study Demonstrating Different Parking Needs: 88 1. The transportation director, in consultation with the planning director, may authorize a change in the amount of off street parking spaces. The authorization shall be based onthe applicant submitting a parking study that demonstrates a different off street parking demand for the proposed development, use, or combination of uses than calculated from Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“, and subject to the overall limits on parking adjustments in Subsection 21A.44.050.A above. 2. The transportation director and planning director shall determine whether the information and assumptions used in the study are reasonable and whether the study accurately reflects anticipated off street parking demand for the proposed development, use, or combination of uses. 3. Considerations for an alternative parking requirement (parking provided below the minimum required or exceeding the maximum allowed) shall be granted only if the following findings are determined: a. That the proposed parking plan will satisfy the anticipated parking demand for the use; b. That the proposed parking plan will be at least as effective in maintaining traffic circulation patterns, reducing the visibility of parking areas and facilities as would strict compliance with the otherwise applicable off street parking standards; c. That the proposed parking plan does not have a materially adverse impact on adjacent or neighboring properties; d. That the proposed parking plan includes mitigation strategies for any potential impact on adjacent or neighboring properties; and e. That the proposed alternative parking plan is consistent with applicable cityplans and policies. 21A.44.060: PARKING LOCATION AND DESIGN: All required parking areas shall be located and designed in accordance with the standards in this Chapter 21A.44: Off Street Parking, Mobility, and Loading and the standards in the Off Street Parking Standards Manual. Modifications to the standards of this Section 21A.44.060 may be granted through the design review process, subject to conformance with the standards and procedures of Chapter 21A.59: Design Review. A. Generally: 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required to serve buildings or uses erected or established after the 89 effective date of this ordinance shall be located on the same lot as the building or use served, unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, “Off-Site Parking Permitted”. 2. Biodetention and Landscape Islands in General and Neighborhood Center Contexts: For parking lots with one hundred (100) or more parking spaces in the General Context and Neighborhood Center Context areas, parking lot islands or biodetention areas shall be provided on the interior of the parking lot to help direct traffic flow and to provide landscaped areas within such lots. 3. Parking Location and Setbacks: All parking shall comply with the parking restrictions within yards pursuant to Table 21A.44.060-A, “Parking Location and Setback Requirements”. TABLE 21A.44.060-A: PARKING LOCATION AND SETBACK REQUIREMENTS: N = parking prohibited between lot line and front line of the principal building Zoning District Front Lot Line Corner Side Lot Line Interior Side Lot Line Rear Lot Line GENERAL CONTEXT Residential (FR Districts, RB, RMF, RO) FR N Parking in driveways that comply with all applicable city standards is exempt from this restriction. 6 ft. 0 ft. R-1, R-2, SR-1, SR-2 0 ft. RMF-30 N 0 ft.; or 10 ft. when abutting any 1-2 family residential district RMF-35, RMF- 45, RMF-75, RO 0 ft.; or 10 ft. when abutting any 1-2 family residential district. Limited to 1 side yard except for single- family attached lots. 90 Commercial and Manufacturing (CC, CS, CG, M-1, M-2, SNB) CC 15 ft. 0 ft.; or 7 ft. when abutting any residential district CS 0 ft.; or 15 ft. when abutting any residential districtCG 10 ft. M-1 15 ft.M-2 0 ft.; or 50 ft. when abutting any residential district Special Purpose Districts A 0 ft. 0 ft.AG, AG-2, AG- 5, AG-20 N BP 8 ft.; or 30 ft. when abutting any residential district EI 10 ft. 30 ft. 30 ft. 20 ft. FP 20 ft. 6 ft. 0 ft. I 0 ft.; or 15 ft. when abutting any residential district MH 0 ft. OS 30 ft. 10 ft. PL 0 ft.; or 10 ft. when abutting any residential district PL-2 20 ft. RP 30 ft. 8 ft.; or 30 ft. when abutting any residential district NEIGHBORHOOD CENTER CONTEXT CB , CN, SNB N 0 ft.; or 7 ft. when abutting any 1-2 family residential district 91 R-MU-35, R- MU-45 Surface Parking: N Parking Structures: 45’ or located behind principal building Limited to 1 side yard, 0 ft.; or 10 ft. when abutting any 1-2 family residential district 0 ft.; or 10 ft. when abutting any 1-2 family residential district RB, SR-3, FB- UN1, FB-SE N 0 ft. URBAN CENTER CONTEXT CSHBD1 N 0 ft.; or 7 ft. when abutting any residential district CSHBD2 0 ft.; or 7 ft. when abutting any 1-2 family residential district D-2 Surface Parking: 20 ft. Parking Structures: N 0 ft. MU Surface Parking: 25 ft. or located behind principal structure Parking Structures: 45 ft. or located behind principal structure 0 ft.; limited to 1 side yard 0 ft. TSA-T See Subsection 21A.44.060.B.2 0 ft. TRANSIT CONTEXT D-1 See Subsection 21A.44.060.B.1 D-3 D-4 See Subsection 21A.44.060.B.1 0 ft. G-MU FB-UN2, FB- UN3, FB-SC N TSA-C See Subsection 21A.44.060.B.2 92 R-MU Surface Parking: 30 ft. Parking Structures: 45 ft. or located behind principal structure 0 ft.; or 10 ft. when abutting any 1-2 family residential district Surface parking at least 30 ft. from front lot line. 0 ft.; or 10 ft. when abutting any 1-2 family residential district UI 0 ft; Hospitals: 30 ft. 0 ft.; or 15 ft. when abutting any 1-2 family residential district; Hospitals: 10 ft. 0 ft.; or 15 ft. when abutting any 1-2 family residential district; Hospitals: 10 ft. 4. Off-Site Parking Permitted: When allowed as either a permitted or conditional use per Chapter 21A.33, “Land Use Tables”, off-site parking facilities may be used to satisfy the requirements of this chapter and shall comply with the following standards: a. Maximum Distance of Off-Site Parking: Off-site parking shall be located according to the distance established in Table 21A.44.060-B, “Maximum Distances for Off-Site Parking” (measured in a straight line from the property boundary of the principal use for which the parking serves to the closest point of the parking area). Table 21A.44.060-B: Maximum Distances for Off-Site Parking: Context Maximum Distance to Off-Site Parking Neighborhood Center 600 ft. General Legal Nonconforming Use in Residential District Urban Center 1,200 ft. 93 Transit 1,000 ft. b. Documentation Required: (1) The owners of record involved in an off-site parking arrangement shall submit written documentation of the continued availability of the off-site parking arrangement to the planning director for review. (2) The planning director shall approve the off-site parking arrangement if the director determines the location meets the standards of this section. No zoning or use approval shall be issued until the director has approved the off-site parking arrangement and the documentation has been recorded in the office of the Salt Lake County Recorder. (3) If the off-site parking arrangement is later terminated or modified and the planning director determines that the termination or modification has resulted in traffic congestion, overflow parking in residential neighborhoods, orthreats to pedestrian, bicycle, or vehicle safety, the property owners of the uses for which the off-site parking was provided may be held in violation of this chapter. 5. Circulation Plan Required: Any application for a building permit shall include a site plan, drawn to scale, and fully dimensioned, showing any off street parking or loading facilities to be provided in compliance with this title. A tabulation of the number of off street vehicle and bicycle parking, loading, and stacking spaces required by this chapter shall appear in a conspicuous place on the plan. 6. Driveways and Access: a. Compliance with Other Adopted Regulations: (1) Parking lots shall be designed in compliance with applicable city codes, ordinances, and standards, including but not limited to Title 12 of this code: Vehicles and Traffic and the Off Street Parking Standards Manual to the maximum degree practicable, with respect to: (a) Minimum distances between curb cuts; (b) Proximity of curb cuts to intersections; (c) Provisions for shared driveways; (d) Location, quantity and design of landscaped islands; and (e) Design of parking lot interior circulation system. 94 (2) Notwithstanding the provisions of Subsection 21A.44.060.A.6.a(1) above, relocation of a driveway for a single-family, two-family, or twin home residence in any zoning district shall only be required when the residence is replaced, and shall not be required when the residence is expanded or renovated in compliance with the city code. b. Access Standards: Access to all parking facilities shall comply with the following standards: (1) To the maximum extent practicable, all off street parking facilities shall be designed with vehicular access to a street or alley that will least interfere with automobile, bicycle, and pedestrian traffic movement. (2) Parking facilities in excess of five (5) spaces that access a public street shall be designed to allow vehicles to enter and exit the lot in a forward direction. (3) Parking facilities on lots with less than one hundred feet (100’) of street frontage shall have only one (1) curb cut, and lots with one hundred feet (100’) of street frontage or more shall be limited to two (2) curb cuts, unless the transportation director determines that additional curb cuts are necessary to ensure pedestrian, bicycle, and vehicle safety or to comply with the fire code. Public safety uses shall be exempt from limitations on curb cuts. (4) All vehicular access roads/driveways shall be surfaced as required in accordance with Subsection 21A.44.060.A.8, “Surface Materials”. c. Driveway Standards: All driveways shall comply with the following standards: (1) Driveway Location in Residential Zoning Districts: With the exception of legal shared driveways, driveways shall be at least twenty feet (20’) from street corner property lines and five feet (5’) from any public utility infrastructure such as power poles, fire hydrants, and water meters. Except for entrance and exit driveways leading to approved parking areas, no curb cuts or driveways are permitted. (2) Driveway Widths: All driveways serving residential uses shall be a minimum eight feet wide and shall comply with the standards for maximum driveway widths listed in Table 21A.44.060-C, “Minimum and Maximum Driveway Width”. TABLE 21A.44.060-C: MINIMUM AND MAXIMUM DRIVEWAY WIDTH: Zoning District Minimum Driveway Width (in front and corner side yard) Maximum Driveway Width* (in front and corner side 95 yard) SR-1, SR-2 and SR-3 8 ft. 22 ft. MH 8 ft. 16 ft. Other Residential Zoning Districts 8 ft. 30 ft. M-1 and M-2 12 ft. single lane and 24 ft. for two-way 50 ft. Other Non-Residential Zoning Districts 12 ft. single lane and 24 ft. for two-way 30 ft. * Maximum width is for all driveways combined when more than one driveway is provided (3) Shared Driveways: Shared driveways, where two (2) or more properties share one (1) driveway access, may be permitted if the transportation director determines that the design and location of the shared driveway access will not create adverse impacts on traffic congestion or public safety. (4) Driveway Surface: All driveways providing access to parking facilities shall be improved and maintained pursuant to the standards in the Off Street Parking Standards Manual. 7. Minimum Dimensional Standards: All parking spaces shall comply with the dimensional standards in the Off Street Parking Standards Manual. 8. Surface Materials: All parking spaces shall comply with the standards for surfacing of access, driving, and parking surfacing in the Off Street Parking Standards Manual. 9. Grading and Stormwater Management: All surface parking areas shall comply with city grading and stormwater management standards and shall be reviewed for best management practices by Salt Lake City Department of Public Utilities. Refer to the Salt Lake City Stormwater Master Plan, Storm Drainage Manual, and Green Infrastructure Toolbox for additional information. 10. Sight Distance Triangles: All driveways and intersections shall comply with the sight distance triangle standards as defined in the Off Street Parking Standards Manual. 11. Landscaping and Screening: All parking areas and facilities shall comply with the landscaping and screening standards in Chapter 21A.48, “Landscaping and Buffers”. 96 12. Lighting: Where a parking area or parking lot is illuminated, the light source shall be shielded so that the light source is not directly visible from any abutting property or abutting private or public street. 13. Signs: All signs in parking areas or related to parking facilities shall comply with Chapter 21A.46, “Signs”, and applicable provisions of the Manual on Uniform Traffic Control Devices (MUTCD). 14. Pedestrian Walkways: a. Surface parking lots with between twenty-five (25) and one hundred (100) parking spaces shall provide a pedestrian walkway or sidewalk through the parking lot to the primary entrance of the principal building. Pedestrian walkways shall be identified by a change in color, material, surface texture, or grade elevation from surrounding driving surfaces. b. Parking lots with more than one hundred (100) parking spaces shall provide: (1) One (1) or more grade-separated pedestrian walkway(s), at least five feet (5’) in width, and located in an area that is not a driving surface, leading from the farthest row of parking spaces to the primary entrance of the principal building. (2) Vehicles shall not overhang the pedestrian walkway(s). (3) Where the walkway(s) crosses a drive aisle, pedestrian walkway(s) shall be identified by a change in color, material, surface texture, or grade elevation from surrounding driving surfaces. (4) One (1) pedestrian walkway meeting these standards shall be provided for each one hundred (100) parking spaces provided on site or part thereof, after the first one hundred (100) parking spaces. 15. Parking Garages: The following standards shall apply to all above-ground parking garages except those located in the FB zones subject to Subsection 21A.27.030.C.4, whether freestanding or incorporated into a building: a. Each façade or a parking garage adjacent to a public street or public space shall have an external skin designed to conceal the view of all parked cars. Examples include heavy gauge metal screen, precast concrete panels, live green or landscaped walls, laminated or safety glass, or decorative photovoltaic panels. b. No horizontal length of the parking garage façade shall extend longer than 40 feet without the inclusion of architectural elements such as decorative grillwork, louvers, translucent screens, alternating building materials, and other external features to avoid visual monotony. Facade elements shall align with parking 97 levels. c. Internal circulation shall allow parking surfaces to be level (without any slope) along each parking garage facade adjacent to a public street or public space. All ramps between levels shall be located along building facades that are notadjacent to a public street or public space, or shall be located internally so that they are not visible from adjacent public streets or public spaces. d. The location of elevators and stairs shall be highlighted through the use of architectural features or changes in façade colors, textures, or materials so that visitors can easily identify these entry points. e. Interior parking garage lighting shall not produce glaring sources toward adjacent properties while providing safe and adequate lighting levels. The use of sensor dimmable LEDs and white stained ceilings are recommended to control light levels on-site while improving energy efficiency. f. In the Urban Center Context and Transit Context areas, the street-level facades of all parking garages shall be designed to meet applicable building code standards for habitable space to allow at least one (1) permitted or conditional use, other than parking, to be located where the parking garage is located. g. Vent and fan locations shall not be located on parking garage facades facing public streets or public spaces, or adjacent to residential uses, to the greatest extent practicable. 16. Tandem Parking: Where more than one (1) parking space is required to be provided for a residential dwelling unit, the parking spaces may be designed as tandem parking spaces, provided that: a. No more than two (2) required spaces may be included in the tandem parking layout; and b. Each set of two (2) tandem parking spaces shall be designated for a specific residential unit. 17. Cross-Access between Adjacent Uses: The transportation director may require that access to one or more lots be through shared access points or cross-access through adjacent parcels when the transportation director determines that individual access to abutting parcels or limited distance between access points will create traffic safety hazards due to traffic levels on adjacent streets or nearby intersections. Such a determination shall be consistent with requirements of state law regarding property access from public streets. Required cross- access agreements shall be recorded with the Salt Lake County Recorder’s Office. B. Zone Specific Location and Design Standards: 98 1. D-1, D-3, D-4, and G-MU Zoning Districts: The following regulations shall apply to surface or above-ground parking facilities. No special design and setback restrictions shall apply to below-ground parking facilities. a. Block Corner Areas: (1) Within the D-1 zoning district, above-ground parking facilities located within the block corner areas and on Main Street, shall be located behind principal buildings and: a. All above-ground parking facilities that front a street shall contain uses other than parking along the entire length of the building façade and along all stories or levels of the building. b. Vehicle access to parking shall be located to the side of the building or as far from the street corner as possible unless further restricted by this title. (2) Within the D-3, D-4, or G-MU zoning districts, above-ground parking facilities shall be located behind principal buildings, or at least seventy-five feet (75’) from front and corner side lot lines, and shall be landscaped to minimize visual impacts. b. Mid-Block Areas: (1) Within the D-1 zoning district, above-ground parking facilities shall be located behind the front line of principal buildings or shall be located at least seventy- five feet (75’) from front and corner side lot lines. Parking lots proposed as a principal use to facilitate a building demolition are prohibited. (2) Within the D-3, D-4, or G-MU zoning districts, parking facilities shall be located behind principal buildings, or at least thirty feet (30’) from front and corner side lot lines. (3) Parking garages shall meet the following: a. Retail goods/service establishments, offices and/or restaurants shall be provided on the first floor adjacent to the front or corner side lot line. The facades of such first floors shall be compatible and consistent with the associated retail or office portion of thebuilding and other retail uses in the area. b. Levels of parking above the first level facing the front or corner side lot line shall have floors and/or facades that are horizontal, not sloped. c. Landscape Requirements: Surface parking lots, where allowed shall have a 99 minimum landscaped setback of fifteen feet (15’) and shall meet interior parking lot landscaping requirements as outlined in Chapter 21A.48, “Landscaping and Buffers”. 2. TSA Transit Station Area District: New uses and development or redevelopment within the TSA Transit Station Area District shall comply with the following standards. a. Surface Parking on Corner Properties: On corner properties, surface parking lots shall be located behind principal buildings or at least sixty feet (60’) from the intersection of the front and corner side lot lines. b. Surface Parking in the Core Area: Surface parking lots in the core area are required to be located behind or to the side of the principal building. (1) When located to the side of a building, the parking lot shall be: (a) Set back a minimum of thirty feet (30’) from a property line adjacent to a public street. The area between the parking lot and the property line adjacent to a public street shall be landscaped or activated with outdoor dining, plazas, or similar features; (b) Screened with a landscaped hedge or wall that is at least thirty-six inches (36”) above grade and no taller than forty-two inches (42”) above grade. Landscaping berms are not permitted; and (c) No wider than what is required for two (2) rows of parking and one (1) drive aisle as provided in the Off Street Parking Standards Manual. (2) Unless a second driveway is necessary to comply with the fire code, a maximum of one (1) driveway and drive aisle shall be permitted per street frontage. The access point shall be located a minimum of one hundred feet (100’) from the intersection of the front and corner side lot lines. If the front or corner side lot line is less than one hundred feet (100’) in length, then the edge of the drive approach shall be located within twenty feet (20’) of the side or rear property line. c. Surface Parking In the Transition Area: (1) Surface parking lots in the transition area are required to be located behind the principal building or to the side of a principal building. (2) When located to the side of a principal building, the parking lot shall be: (a) Set back so that no portion of the parking area (other than the driveway) shall be closer to the street than the front wall setback of the building. In cases where the front wall of the building is located within five feet (5’)of 100 a property line adjacent to a street, the parking lot shall be set back a minimum of eight feet (8’). The space between the parking lot and the property line adjacent to a street shall be landscaped or activated with outdoor dining, plazas, or similar features; and (b) Screened with a landscaped hedge or wall that is at least thirty-six inches (36”) above grade and no taller than forty-two inches (42”) above grade. Landscaped berms are not permitted. C. Recreational Vehicle Parking: 1. Generally: a. Recreational vehicle parking spaces shall be in addition to, and not in lieu of, required off street vehicle parking spaces. b. Recreational vehicles shall not be used for storage of goods, materials, or equipment other than those that are customarily associated with the recreational vehicle. c. All recreational vehicles shall be stored in a safe and secure manner. Any tie downs, tarpaulins, or ropes shall be secured from flapping in windy conditions. d. Recreational vehicles shall not be occupied as a dwelling while parked on the property. e. Recreational vehicle parking is permitted in any enclosed structure conforming to building code and zoning requirements for the zoning district in which it is located. f. Recreational vehicle parking outside of an approved enclosed structure shall be permitted for each residence and shall be limited to one motor home or travel trailer and a total of two (2) recreational vehicles of any type. g. Recreational vehicle parking outside of an enclosed structure shall comply with the standards in this section. 2. Front Yard Parking: Recreational vehicle parking is prohibited in any required or provided front yard. 3. Rear Yard Parking: Recreational vehicles may be parked in the rear yard when they are on a hard surfaced pad compliant with surfacing standards in the Off Street Parking Standards Manual and with access provided by either a hard surfaced driveway, hard surfaced drive strips or an access drive constructed of turf block materials with an irrigation system. 101 4. Side Yard Parking: Recreational vehicle parking in side yards shall be allowed only when topographical factors, the existence of mature trees, or the existence of properly permitted and constructed structures prohibit access to the rear yard. The existence of a fence or other structure that is not part of a building shall not constitute a lack of rear yard access. Any recreational vehicle parking area in a side yard shall: a. Be on a hard surface compliant with the Off Street Parking StandardsManual; b. Be accessed via a driveway compliant with driveway standards of this chapter; c. Not obstruct access to other required parking for the use. 21A.44.070: OFF STREET LOADING AREAS: A. Number and Size of Loading Areas Required: 1. Unless otherwise specified, a required off street loading berth shall be at least ten feet (10’) in width by at least thirty-five feet (35’) in length for short berths, and twelve feet (12’) in width by at least fifty feet (50’) in length for long berths, exclusive of aisle and maneuvering space. Maneuvering aprons of appropriate width and orientation shall be provided and shall be subject to approval by the transportation director. 2. All loading areas shall have a vertical clearance of at least fourteen feet (14’). 3. Off street loading facilities for new developments or for expansion of an existing development shall be provided at the rate specified for a particular use, or if multiple uses, at the rate of the uses combined, in Table 21A.44.070-A, “Off Street Loading Requirements”. Regardless of the combination of uses, all buildings with a gross floor area over 50,000 square feet shall have a minimum of 1 short berth. TABLE 21A.44.070-A: OFF STREET LOADING REQUIREMENTS: Use Gross Floor Area (Square Feet) Number and Size of Berths Hotels, Institutions, and Institutional Living 50,000 - 100,000 1 short Each additional 100,000 1 short 50,000 - 100,000 1 short 102 Office/Commercial Each additional 100,000 up to 500,000 1 short Retail 50,000 - 100,000 1 long Each additional 100,000 1 long Industrial 25,001 - 50,000 1 long 50,001 - 100,000 2 long Each additional 100,000 1 long Multi- Family Residential # of Dwelling Units (Per Building) Number and Size of Berths 40-150 1 short 151-300 2 short Greater than 300 1 additional short per 200 units B. Location and Design of Loading Areas: 1. All required loading berths shall be located on the same development site as the use(s) served. 2. No loading berth shall be located within thirty feet (30’) of the nearest point of intersection of any two (2) streets. 3. No loading berth shall be located in a required front yard. 4. Each required loading berth shall be located and designed to: a. Allow all required vehicle maneuvering and backing movements on-site; b. Minimize conflicts with pedestrian, bicycle, and traffic movement or encroachments into any pedestrian walkway, bicycle lane, public right-of-way, and fire lane; and c. Avoid the need to back into a public street while leaving the site to the maximum extent practicable, as determined by the planning director and the transportation director. 103 5. Landscaping and screening of all loading berths shall be provided to comply with the requirements of Chapter 21A.48, “Landscaping and Buffers”. 6. Where a loading berth is illuminated, the light source shall be shielded so that the light source is not directly visible from any abutting property or abutting private or publicstreet. 7. All signs in loading areas shall comply with Chapter 21A.46, “Signs”, and applicable provisions of the Manual on Uniform Traffic Control Devices. 8. All required loading berths shall comply with the surfacing standards of the OffStreet Parking Standards Manual. 21A.44.080: DRIVE-THROUGH FACILITIES AND VEHICLE STACKING AREAS: A. Number of Stacking Spaces Required: The following standards apply for all uses with vehicle stacking and/or drive-through facilities. 1. All uses with drive-through facilities shall provide the minimum number of on-site stacking spaces indicated in Table 21A.44.080-A, “Required Vehicle Stacking Spaces”. TABLE 21A.44.080-A: REQUIRED VEHICLE STACKING SPACES: Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35, R-MU-45, SR- 3, FB-UN1, FB- SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA- C, UI, FB- UN2, FB- UN3, FB-SC, R-MU Car Wash, Self-Service 3 spaces per bay or stall 2 spaces per bay or stall Car Wash, Automated 4 spaces per lane or stall 3 spaces per lane or stall Food and Beverage Service Uses 5 spaces per service lane 4 spaces per service lane Other Uses 3 spaces per service lane 3 spaces per service lane 104 B. Location and Design of Drive-Through Facilities: 1. In zoning districts where uses with drive-through facilities are allowed and where no front or corner side yard setback is required, the drive-through lanes shall not be located between the front or corner side lot line and any walls of the principal building. 2. Drive-through lanes shall be arranged to avoid conflicts with site access points, access to parking or loading spaces, and internal circulation routes, to the maximum extent practicable. 3. In the General Context zoning districts, a by-pass lane, driveway, or other circulation area around a drive-through facility stacking lane shall be provided for all uses other than automated car washes. financial institutions and restaurant/retail uses. 4. All required stacking spaces shall measure nine (9) feet by twenty (20) feet and shall be counted from the point of service, or final service window. 5. Air quality: Drive through facilities shall post idle-free signs pursuant to Chapter 12.58 of this code. 6. When a drive through use adjoins any residential use or any residential zoning district, a minimum six foot (6’) high masonry wall shall be erected and maintained along such property line. 7. Drive through facility will not result in adverse impacts upon the vicinity after giving consideration to the hours of operation, noise and light generation, traffic circulation, and the site plan. 21A.44.090: MODIFICATIONS TO PARKING AREAS: Applicants requesting development permits or approvals may request adjustments to the standards and requirements in this Chapter 21A.44, “Off Street Parking, Mobility, and Loading“, and the city may approve adjustments to those standards, as described below. A. Administrative Modifications: The planning director or transportation director may approve the following types of modifications without requiring approval of a special exception, provided that the director determines that the adjustment will not create adverse impacts on pedestrian, bicycle, or vehicle safety and that the adjustment is required to accommodate an unusual site feature (such as shape, topography, utilities, or access point constraints) and that the need for the adjustment has not been created by the actions of the applicant. 105 1. Modification to dimensions or geometries of parking, loading, or stacking space, aisles, or maneuvering areas otherwise required by this chapter, other city regulations, or the Off Street Parking Standards Manual; provided that those modifications are consistent with federal and state laws regarding persons with disabilities, including but not limited to the Americans with Disabilities Act. 2. Modifications to bicycle parking or loading berth location or design standards. B. Special Exceptions: The following types of exceptions may be approved through the Special Exception process in Section 21A.52.040, provided that the application meets the criteria for approval of a Special Exception in Section 21A.52.060 in addition to the standards provided in this section. 1. Exceptions Permitted: a. Front Yard Parking Exception: For any zoning district, if front yard parking is prohibited in Table 21A.44.060-A, “Parking Location and Setback Requirements”, it may be allowed if all of the following conditions are met: (1) The rear or side yards cannot be reasonably accessed by vehicles, specifically: (a) Clearance for a driveway could not be provided in the side yard on either side of the building that is free from obstructions that cannot reasonably be avoided, such as utilities, window-wells, a specimen tree, a direct elevation change of three feet (3’) or greater, or retaining walls three feet (3’) high or greater; and (b) There is not a right-of-way or alley adjacent to the property with established rights for access, where: a. The travel distance to the property line is less than one hundred feet (100’) from an improved street and the right-of-way or alley has at least a minimum twelve foot (12’) clearance that is, or could be paved; or b. The travel distance to the property line is more than one hundred feet (100’) from an improved street and the right-of- way or alley has an existing minimum twelve foot (12’) wide paved surface. (2) It is not feasible to build an attached garage that conforms to yard area and setback requirements; (3) Parking is limited to an area that is surfaced in compliance with the Off 106 Street Parking Standards Manual; (4) The parking area is limited to nine feet (9’) wide by twenty feet (20’)deep; (5) Vehicles using the parking area will not project across any sidewalk or into the public right-of-way; and (6) Parking is restricted to passenger vehicles only. b. Vehicle and Equipment Storage Surfacing Exception: Vehicle and equipment storage without hard surfacing may be permitted in the CG, M- 1, M-2 and EI zoning districts provided that: (1) The lot is used for long-term vehicle storage, not for regular parking and/or maneuvering; (2) The vehicles or equipment stored are large and/or are built on tracks that could destroy normal hard surfacing; (3) The parking surface is compacted with six inches (6”) of road base and other semi-hard material with long lasting dust control chemical applied annually; (4) A hard-surfaced cleaning station is installed to prevent tracking of mud and sand onto the public right-of-way; and (5) Any vehicles or equipment that contain oil are stored with pans, drains, or other means to ensure that any leaking oil will not enter the soil. 21A.44.100: USE AND MAINTENANCE: A. Use of Parking Areas: Except as otherwise provided in this section, required off street parking facilities provided for uses listed in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking” shall be solely for the parking of automobiles or authorized temporary uses. B. Maintenance: 1. Space allocated to any off street loading berth or related access or maneuvering area shallnot be used to satisfy the parking space requirements for any off street parking. 2. Except in the M-1, M-2, CG, and D districts, no cleaning or maintenance of loading areas using motorized equipment may be performed between ten 107 o’clock (10:00) P.M. andseven o’clock (7:00) A.M. each day, except for snow removal. 21A.44.110: NONCONFORMING PARKING AND LOADING FACILITIES: Nonconforming parking and loading facilities shall be subject to the standards established in Chapter 21A.38, “Nonconforming Uses and Noncomplying Structures”, and the criteria established in this section. A. Continuation of Nonconforming Parking and Loading Facilities: Any parking spaces, loading facilities, or access to public rights-of-way that were lawfully existing or created prior to the effective date of this ordinance, but that have since become nonconforming with the provisions of this chapter through the actions of the city or any governmental entity, shall be allowed to continue, but any expansion of the use or structure, or change of use, after the adoption date of this ordinance shall comply with the provisions of this Chapter 21A.44, “Off Street Parking, Mobility, and Loading“. B. Nonconformity Due to Governmental Acquisition: Where a lot, tract, or parcel is occupied by a lawful structure or use, and where the acquisition of right-of-way by eminent domain, dedication, or purchase by a city, county, state, or federal agency creates noncompliance of the parking, loading, or drive-through facilities with any requirement of this chapter, the parking, loading, or drive-through facility shall be deemed lawful and conforming. This designation shall apply only to noncompliance resulting directly from the acquisition of right-of-way. C. Damage or Destruction: Reconstruction, reestablishment, or repair of any nonconforming parking, loading, or drive- through area involuntarily damaged or destroyed by fire, collapse, explosion or other natural cause is not required to comply with the standards of this chapter. The parking and loading facilities may be restored or continued as they existed prior to the damage or destruction, or in a manner that reduces any nonconformity that existed prior to the damage or destruction. D. Legalization of Garages Converted to Residential Use: Garages attached to single-family and two-family residential structures converted to residential uses before April 12, 1995, and any associated front yard parking, may be legalized by complying with the following requirements: 1. The property owner shall obtain a building permit for all building modifications associated with converting the garage to residential use and the city shall inspect the conversion for substantial compliance with adopted life safety regulations. 2. The driveway leading to the converted garage shall not be removed without 108 replacing the same number of parking spaces (up to the minimum required by this chapter) in alocation authorized by this chapter. 3. Parking on the driveway in the front yard is restricted to passenger vehicles only. SECTION 24. Amending the text of Salt Lake City Code Section 21A.52.030. That Section 21A.52.030 of the Salt Lake City Code (Zoning: Special Exceptions: Special Exceptions Authorized) shall be, and hereby is amended to read as follows: 21A.52.030: SPECIAL EXCEPTIONS AUTHORIZED: A. In addition to any other special exceptions authorized elsewhere in this title, the following special exceptions are authorized under the provisions of this title: 1. Accessory building height, including wall height, in excess of the permitted height provided: a. The extra height is for architectural purposes only, such as a steep roof to match existing primary structure or neighborhood character. b. The extra height is to be used for storage of household goods or truss webbing and not to create a second level. c. No windows are located in the roof or on the second level unless it is a design feature only. d. No commercial use is made of the structure or residential use unless it complies with the accessory dwelling unit regulations in this title. 2. Accessory structures in the front yard of double frontage lots, which do not have any rear yard provided: a. The required sight visibility triangle shall be maintained at all times. b. The structure meets all other size and height limits governed by the zoning ordinance. 3. Additional height for fences, walls or similar structures may be granted to exceed the height limits established for fences and walls in Chapter 21A.40 of this title if it is determined that there will be no negative impacts upon the established character of the affected neighborhood and streetscape, maintenance of public and private views, and matters of public safety. Approval of fences, walls and other similar structures 109 may be granted under the following circumstances subject to compliance with other applicable requirements: a. Exceeding the allowable height limits; provided, that the fence, wall or structure is constructed of wrought iron, tubular steel or other similar material, and that the open, spatial and nonstructural area of the fence, wall or other similar structure constitutes at least eighty percent (80%) of its total area; b. Exceeding the allowable height limits on any corner lot; unless the city’s traffic engineer determines that permitting the additional height would cause an unsafe traffic condition; c. Incorporation of ornamental features or architectural embellishments which extend above the allowable height limits; d. Exceeding the allowable height limits, when erected around schools and approved recreational uses which require special height considerations; e. Exceeding the allowable height limits, in cases where it is determined that a negative impact occurs because of levels of noise, pollution, light or other encroachments on the rights to privacy, safety, security and aesthetics; f. Keeping within the character of the neighborhood and urban design of the city; g. Avoiding a walled-in effect in the front yard of any property in a residential district where the clear character of the neighborhood in front yard areas is one of open spaces from property to property; or h. Posing a safety hazard when there is a driveway on the petitioner’s property or neighbor’s property adjacent to the proposed fence, wall or similar structure. 4. Additional building height in commercial districts are subject to the standards in Chapter 21A.26 of this title. 5. Additional foothills building height, including wall height, shall comply with the standards in Chapter 21A.24 of this title. 6. Additional residential building height, including wall height, in the R-1 districts, R-2 districts and SR districts shall comply with the standards in Chapter 21A.24 of this title. 7. Barbed wire fences may be approved subject to the regulations of Chapter 21A.40 of this title. 8. Conditional home occupations subject to the regulations and conditions of Chapter 21A.36 of this title. 110 9. Dividing existing lots containing two (2) or more separate residential structures into separate lots that would not meet lot size, frontage width or setbacks provided: a. The residential structures for the proposed lot split already exist and were constructed legally. b. The planning director agrees and is willing to approve a subdivision application. c. Required parking equal to the parking requirement that existed at the time that each dwelling unit was constructed. 10. Use of the front yard for required parking when the rear or side yards cannot be accessed and it is not feasible to build an attached garage that conforms to yard area and setback requirements, subject to the standards found in Chapter 21A.44 of this title. 11. Grade changes and retaining walls are subject to the regulations and standards of Chapter 21A.36 of this title. 12. Ground mounted central air conditioning compressors or systems, heating, ventilating, pool and filtering equipment located in required side and rear yards within four feet (4’) of the property line. The mechanical equipment shall comply with applicable Salt Lake County Health Department noise standards. 13. Hobby shop, art studio, exercise room or a dressing room adjacent to a swimming pool, or other similar uses in an accessory structure, subject to the following conditions: a. The height of the accessory structure shall not exceed the height limit established by the underlying zoning district unless a special exception allowing additional height is allowed. b. If an accessory building is located within ten feet (10’) of a property line, no windows shall be allowed in the walls adjacent to the property lines. c. If the accessory building is detached, it must be located in the rear yard. d. The total covered area for an accessory building shall not exceed fifty percent (50%) of the building footprint of the principal structure, subject to all accessory building size limitations. 14. In line additions to existing residential or commercial buildings, which are noncomplying as to yard area or height regulations provided: a. The addition follows the existing building line and does not create any new noncompliance. 111 b. No additional dwelling units are added to the structure. c. The addition is a legitimate architectural addition with rooflines and exterior materials designed to be compatible with the original structure. 15. Operation of registered home daycare or registered home preschool facility in residential districts subject to the standards of Chapter 21A.36 of this title. 16. Outdoor dining in required front, rear and side yards subject to the regulations and standards of Chapter 21A.40 of this title. 17. Razor wire fencing may be approved subject to the regulations and standards in Chapter 21A.40 of this title. 18. Replacement or reconstruction of any existing noncomplying segment of a residential or commercial structure or full replacement of a noncomplying accessory structure provided: a. The owner documents that the new construction does not encroach farther into any required rear yard than the structure being replaced. b. The addition or replacement is compatible in design, size and architectural style with the remaining or previous structure. 19. Underground building encroachments into the front, side, rear and corner side yard setbacks provided the addition is totally underground and there is no visual evidence that such an encroachment exists. 20. Window mounted refrigerated air conditioner and evaporative swamp coolers located in required front, corner, side and rear yards within two feet (2’) of a property line shall comply with applicable Salt Lake County Health Department noise standards. 21. Vehicle and equipment storage without hard surfacing in the CG, M-1, M-2 or EI districts, subject to the standards in Chapter 21A.44 of this title. 22. Ground mounted utility boxes may be approved subject to the regulations and standards of Section 21A.40.160 of this title. 23. Legalization of excess dwelling units may be granted subject to the following requirements and standards: a. Purpose: The purpose of this subsection is to implement the existing Salt Lake City community housing plan. This plan emphasizes maintaining existing housing stock in a safe manner that contributes to the vitality and sustainability of neighborhoods within the city. This subsection provides a process that gives owners of property with one or more excess dwelling units not recognized by the 112 city an opportunity to legalize such units based on the standards set forth in this subsection. b. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this subsection shall comply with the following standards. (1) The dwelling unit existed prior to April 12, 1995. In order to determine whether a dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide documentation thereof which may include any of the following: (A) Copies of lease or rental agreements, lease or rent payments, or other similar documentation showing a transaction between the unit owner and tenants; (B) Evidence indicating that prior to April 12, 1995, the city issued a building permit, business license, zoning certificate, or other permit relating to the dwelling unit in question; (C) Utility records indicating existence of a dwelling unit; (D) Historic surveys recognized by the planning director as being performed by a trained professional in historic preservation; (E) Notarized affidavits from a previous owner, tenant, or neighbor; (F) Polk, Cole, or phone directories that indicate existence of the dwelling unit (but not necessarily that the unit was occupied); and (G) Any other documentation that the owner is willing to place into a public record which indicates the existence of the excess unit prior to April 12, 1995. (2) The excess unit has been maintained as a separate dwelling unit since April 12, 1995. In order to determine if a unit has been maintained as a separate dwelling unit, the following may be considered: (A) Evidence listed in Subsection A.24.b(1) of this section indicates that the unit has been occupied at least once every five (5) calendar years; (B) Evidence that the unit was marketed for occupancy if the unit was unoccupied for more than five (5) consecutive years; (C) If evidence of maintaining a separate dwelling unit as required by Subsections A.24.b(2)(A) and A.24.b(2)(B) of this section cannot be established, documentation of construction upgrades may be provided in lieu thereof. 113 (D) Any documentation that the owner is willing to place into a public record which provides evidence that the unit was referenced as a separate dwelling unit at least once every five (5) years. (3) The property where the dwelling unit is located: (A) Can accommodate on site parking as required by this title, or (B) Is located within a one-fourth ( 1/4) mile radius of a fixed rail transit stop or bus stop in service at the time of legalization. (4) Any active zoning violations occurring on the property must be resolved except for those related to excess units. c. Conditions of Approval: Any approved unit legalization shall be subject to the following conditions: (1) The unit owner shall apply for a business license, when required, within fourteen (14) days of special exception approval. (2) The unit owner shall allow the city’s building official or designee to inspect the dwelling unit to determine whether the unit substantially complies with basic life safety requirements as provided in Title 18, Chapter 18.50, “Existing Residential Housing”, of this code. Such inspection shall occur within ninety (90) days of special exception approval or as mutually agreed by the unit owner and the city. (3) All required corrections indicated during the inspection process must be completed within one year unless granted an extension by the zoning administrator. d. Application: In addition to the application requirements in this chapter, an applicant shall submit documentation showing compliance with the standards set forth in Subsection A.24.b of this section. 24. Designation, modification, relocation, or reinstatement of a vintage sign as per Chapter 21A.46 of this title. 25. Additional height for sports related light poles such as light poles for ballparks, stadiums, soccer fields, golf driving ranges and sport fields or where sports lights are located closer than thirty feet (30’) from adjacent residential structures. 114 SECTION 25. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms), shall be and hereby is amended to read as follows: 21A.60.020: LIST OF DEFINED TERMS: A-frame sign. See Chapter 21A.46 of this title. Abutting. Access taper. Accessory building or structure. Accessory lot. Accessory structure. Accessory use. Accessory use (on accessory lot). Adaptive reuse of a landmark building. Administrative decision. Agricultural use. Air circulation system. See Section 21A.34.040 of this title. Airport. See also Section 21A.34.040 of this title. Airport elevation. See Section 21A.34.040 of this title. Airport hazard. See Section 21A.34.040 of this title. Airport master plan. See Section 21A.34.040 of this title. Airport reference point. See Section 21A.34.040 of this title. Alcohol, bar establishment. Alcohol, bar establishment (indoor). Alcohol, bar establishment (more than 2,500 square feet in floor area). See Alcohol, bar establishment. Alcohol, bar establishment (outdoor). Alcohol, bar establishment (2,500 square feet or less in floor area). See Alcohol, bar establishment. Alcohol, brewpub. Alcohol, brewpub (indoor). Alcohol, brewpub (more than 2,500 square feet in floor area). See Alcohol, brewpub. Alcohol, brewpub (outdoor). Alcohol, brewpub (2,500 square feet or less in floor area). See Alcohol, brewpub. Alcohol, distillery. Alcohol, liquor store. Alcohol related establishment. Alcohol, tavern. Alcohol, tavern (indoor). Alcohol, tavern (more than 2,500 square feet in floor area). See Alcohol, tavern. Alcohol, tavern (outdoor). Alcohol, tavern (2,500 square feet or less in floor area). See Alcohol, tavern. Alcohol, winery. 115 Alley. Alteration. Alteration, sign. See Chapter 21A.46 of this title. Alternative parking property. Ambulance service. Ambulance service (indoor). Ambulance service (outdoor). Amphitheater, formal. Amphitheater, informal. Amusement park. Ancillary mechanical equipment. Animal, cremation service. Animal, kennel. Animal, kennel on lots of five acres or larger. Animal, pet cemetery. Animal, pound. Animal, raising of furbearing animals. Animal rendering. Animal, stable (private). Animal, stable (public). Animal, stockyard. Animal, veterinary office. Animated sign. See Chapter 21A.46 of this title. Antenna. Antenna, communication tower. Antenna, communication tower, exceeding the maximum building height in the zone. See Antenna, communication tower. Antenna, low power radio service. Antenna, low power radio service - monopole with antennas and antenna support structures greater than two feet in width. Antenna, low power radio service - monopole with antennas and antenna support structures less than two feet in width. Antenna, roof mounted. Antenna, satellite dish. Antenna, stealth. Antenna, TV. Antenna, wall mounted. Antenna, whip. Apartment. Appeals Hearing Officer. Aquatic resource. Arcade. Architecturally incompatible. Art gallery. Artisan food production. Artists’ loft/studio. 116 Auction (indoor). Auction (outdoor). Auditorium. Automatic amusement device. Automobile. Awning. See Chapter 21A.46 of this title. Awning sign. See Chapter 21A.46 of this title. BMP. Backflow preventer. Backlit awning sign. See Chapter 21A.46 of this title. Bakery, commercial. Balloon. See Chapter 21A.46 of this title. Banner, public event. See Chapter 21A.46 of this title. Banner, secured. See Chapter 21A.46 of this title. Banner, unsecured. See Chapter 21A.46 of this title. Base zoning district. Basement. Bed and breakfast. Bed and breakfast inn. Bed and breakfast manor. Bench sign. See Chapter 21A.46 of this title. Best Management Practice (BMP) (applies only to Chapter 21A.48 of this title). Billboard. See Subsection 21A.46.160.B of this title. Billboard bank. See Subsection 21A.46.160.B of this title. Billboard credit. See Subsection 21A.46.160.B of this title. Billboard (outdoor advertising sign). See Chapter 21A.46 of this title. Billboard owner. See Subsection 21A.46.160.B of this title. Biodetention. Blacksmith shop. Block. Block corner. Block face. Blood donation center. Boarding house. Botanical garden. Bottling plant. Brewery. Buffer yard. Buildable area. Building. Building, accessory. Building connection. Building coverage. Building face. See Chapter 21A.46 of this title. Building, front line of. 117 Building height - in the FR-1, FR-2, FR-3, FP, R-1/5,000, R-1/7,000, R-1/12,000, R-2, SR-1 and SR-3 Districts. Building height - outside FR, FP, R-1, R-2 and SR Districts. Building line. Building materials distribution. Building official. Building or house numbers sign. See Chapter 21A.46 of this title. Building plaque sign. See Chapter 21A.46 of this title. Building, principal. Building, public. Building security sign. See Chapter 21A.46 of this title. Building sign. See Chapter 21A.46 of this title. Bulk. Bulk material storage. Bus line station/terminal. Bus line yard and repair facility. Business. Business, mobile. Business park. Caliper. See Subsection 21A.48.135.D of this title. Canopy. See Chapter 21A.46 of this title. Canopy, drive-through. See Chapter 21A.46 of this title. Canopy, drive-through, sign. See Chapter 21A.46 of this title. Canopy sign. See Chapter 21A.46 of this title. Car pool. Carshare. Car wash. Car wash as accessory use to gas station or convenience store that sells gas. Carpet cleaning. Carport. Cemetery. Certificate of appropriateness. Certificate of occupancy. Certificate, zoning. Change of use. Character Conservation District feasibility study. Character defining features. Charity dining hall. Check cashing/payday loan business. Chemical manufacturing and storage. City Council. City Forester. Clearance (of a sign). See Chapter 21A.46 of this title. Clinic (medical/dental). Cold frame. Commercial Districts. 118 Commercial food preparation. Commercial service establishment. Commercial vehicle. Commercial video arcade. Common areas, space and facilities. Communication tower. Community correctional facility. Community correctional facility, large. Community correctional facility, small. Community garden. Community recreation center. Compatibility. Compatible design. Compatible land use. Complete demolition. Composting. Concept development plan. Concrete and/or asphalt manufacturing. Conditional use. Condominium - condominium project and condominium unit. Condominium Ownership Act of 1975. See title 20, cChapter 20.56 of this Code. Condominium Ownership Act of 1975 or Act. Condominium unit. Consensus. Construction period. Construction sign. See Chapter 21A.46 of this title. Contractor’s yard/office. Convent/monastery. Convention center. Conversion. Corner building. Corner lot. Corner side yard. Crematorium. Critical root zone. dbh. See Subsection 21A.48.135.D of this title. Daycare. Daycare center, adult. Daycare center, child. Daycare, nonregistered home. Daycare, registered home daycare or preschool. Decibel. Dental laboratory/research facility. Design capacity. Design review. Development. 119 Development entry sign. See Chapter 21A.46 of this title. Development pattern. Diameter at breast height. See Subsection 21A.48.135.D of this title. Directional or informational sign (private). See Chapter 21A.46 of this title. Directory sign. See Chapter 21A.46 of this title. Disabled. District plan and design standards. Dormer. Drive-through facility. Drop forge industry. Dwell time. See Subsection 21A.46.160.B of this title. Dwelling. Dwelling, accessory guest and servants’ quarters. Dwelling, accessory unit. Dwelling, assisted living facility (large). Dwelling, assisted living facility (limited capacity). Dwelling, assisted living facility (small). Dwelling, fraternity, sorority. Dwelling, group home (large). Dwelling, group home (small). Dwelling, group home (small), when located above or below first story office, retail, or commercial use, or on the first story where the unit is not located adjacent to street frontage. See Dwelling, group home (small). Dwelling, living quarters for caretaker or security guard. Dwelling, living quarters for caretaker or security guard, limited to uses on lots one acre in size or larger and accessory to a principal use allowed by the zoning district. See Dwelling, living quarters for caretaker or security guard. Dwelling, manufactured home. Dwelling, mobile home. Dwelling, modular home. Dwelling, multi-family. Dwelling, residential support (large). Dwelling, residential support (small). Dwelling, rooming (boarding) house. Dwelling, single-family. Dwelling, single-family attached. Dwelling, single room occupancy. Dwelling, twin home and two-family. Dwelling, two-family. Dwelling unit. ET or ETo. ETAF. Ecological restoration project. Electronic billboard. See Subsection 21A.46.160.B of this title. Electronic changeable copy sign. See Chapter 21A.46 of this title. Electronic sign. See Subsection 21A.46.160.B of this title. 120 Eleemosynary facility. Elevation area. Elevation area, first floor. Emergency medical service facility. End of life care. Equipment rental (indoor and/or outdoor). Equipment rental, sales, and service, heavy. Evapotranspiration (ET) rate. Evergreen. Excess dwelling units. Exhibition hall. Existing billboard. See Subsection 21A.46.160.B of this title. Existing/established subdivision. Explosive manufacturing and storage. Externally illuminated sign. See Chapter 21A.46 of this title. Extractive industry. FAA. See Section 21A.34.040 of this title. Fairground. Family. Farmers’ market. Fee schedule. Fence. Fence, electric security. Fence, opaque or solid. Fence, open. Financial institution. Financial institution, with drive-through facility. Fixed dimensional standards. Flag, corporate. See Chapter 21A.46 of this title. Flag lot. Flag, official. See Chapter 21A.46 of this title. Flag, pennant. See Chapter 21A.46 of this title. Flammable liquids or gases, heating fuel distribution and storage. Flat sign. See Chapter 21A.46 of this title. Flea market (indoor). Flea market (outdoor). Floor. Floor area, gross. Floor area, usable. Food processing. Foot-candle. See Subsection 21A.46.160.B of this title. Freestanding sign. See Chapter 21A.46 of this title. Front yard. See Yard, front. Fuel center. Fugitive dust. Funeral home or mortuary. 121 Garage. Garage, attached. Garage/yard sale sign. See Chapter 21A.46 of this title. Gas price sign. See Chapter 21A.46 of this title. Gas pump sign. See Chapter 21A.46 of this title. Gas station. Gateway. See Subsection 21A.46.160.B of this title. General Plan. Golf course. Government facility requiring special design features for security purposes. Government office. Government sign. See Chapter 21A.46 of this title. Governmental facility. Grade, established. Grade, finished. Grade, natural. Grain elevator. Greenhouse. Gross floor area. Ground cover. Guest. Hard surfaced. Hazardous waste processing or storage. Health and fitness facility. Health hazard. Heavy manufacturing. Height. See Section 21A.34.040 of this title. Height, exterior wall. Height (of a sign). See Chapter 21A.46 of this title. Height, sign face. See Chapter 21A.46 of this title. Heliport. Heliport, accessory. See Heliport. Historic buildings or sites. Historic Landmark Commission. Historic site. Historical marker. See Chapter 21A.46 of this title. Home occupation. Homeless resource center. Homeless shelter. Hoop house. Hospice. Hospital, including accessory lodging facility. Hotel/motel. House museum in landmark site. Hunting club, duck. Hydrozones. 122 Illegal sign. See Chapter 21A.46 of this title. Illuminance. See Subsection 21A.46.160.B of this title. Impact mitigation report. Impact statement. Impound lot. Incinerator, medical waste/hazardous waste. Incompatible use. See Section 21A.34.040 of this title. Industrial assembly. Infill. Inland port. Inland port land use application. Inland port use. Institution. Interior side yard. Interior sign. See Chapter 21A.46 of this title. Intermodal transit passenger hub. Internally illuminated sign. See Chapter 21A.46 of this title. Interpretation. Interpretation, use. Irrigation audit. Jail. Jewelry fabrication. Kiosk. See Chapter 21A.46 of this title. Laboratory, medical, dental, optical. Laboratory, testing. Land use. Land Use Appeal Authority. Land use applicant. Land use application. Land Use Authority. Land use type (similar land use type). Landfill. Landfill, commercial. Landfill, construction debris. Landfill, end use plan. Landfill, Municipal. Landmark site. Landscape area. Landscape BMPs manual. Landscape buffer. Landscape plan. Landscape yard. Landscaping. Lattice tower. Laundry, commercial. Legal conforming. 123 Letter sign. See Chapter 21A.46 of this title. Library. Light manufacturing. Limousine service. Limousine service (large). Limousine service (small). Locally grown. Lodging house. Logo. See Chapter 21A.46 of this title. Lot. Lot area. Lot area, net. Lot assemblage. Lot, corner. Lot depth. Lot, flag. Lot, interior. Lot line, corner side. Lot line, front. Lot line, interior side. Lot line, rear. Lot width. Low volume irrigation. Major streets. Manufactured home. Manufactured/mobile home sales and service. Manufacturing, heavy. Manufacturing, light. Marquee. See Chapter 21A.46 of this title. Marquee sign. See Chapter 21A.46 of this title. Master plan. Maximum extent practicable. See Subsection 21A.48.135.D of this title. Meeting hall of membership organization. Memorial sign. See Chapter 21A.46 of this title. Mid block area. Mixed use development. Mobile food business. Mobile food court. Mobile food trailer. Mobile food truck. Monument sign. See Chapter 21A.46 of this title. Motel/hotel. Motion. See Subsection 21A.46.160.B of this title. Mulch. Municipal service uses, including City utility uses and police and fire stations. Museum. 124 Nameplate sign. See Chapter 21A.46 of this title. Natural open space. Natural resource. Neighborhood identification sign. See Chapter 21A.46 of this title. Neon public parking sign. See Chapter 21A.46 of this title. New billboard. See Subsection 21A.46.160.B of this title. New construction. New development sign. See Chapter 21A.46 of this title. Noncomplying lot. Noncomplying structure. Nonconforming billboard. See Subsection 21A.46.160.B of this title. Nonconforming sign. See Chapter 21A.46 of this title. Nonconforming use. See also Section 21A.34.040 of this title. Nonconformity. Nonprecision instrument runway. See Section 21A.34.040 of this title. Nursing care facility. Oasis. Obstruction. Off premises sign. See Chapter 21A.46 of this title. Off-site. Off street parking. Office. Office, accessory use supporting an institutional use. Office and/or reception center in landmark site. Office, excluding medical and dental clinic and office. Office, publishing company. Office, research related. Office, single practitioner medical, dental, and health. On premises sign. See Chapter 21A.46 of this title. Open air mall. See Chapter 21A.46 of this title. Open space. Open space area. Open space on lots less than four acres in size. Outdoor advertising sign. See Chapter 21A.46 of this title. Outdoor dining. Outdoor television monitor. Overlay district. Overspray. Owner occupant. Package delivery facility. Paint manufacturing. Parcel. Park. Park and ride lot. Park banner sign. See Chapter 21A.46 of this title. Park strip. 125 Park strip landscaping. Parking, commercial. Parking facility, shared. Parking garage. Parking garage, automated. Parking, intensified reuse. Parking, leased. Parking, leased - alternative parking. Parking lot. Parking, off-site. Parking, shared. Parking space. Parking study. Parking study - alternative parking. Parking, tandem. Parking, unbundled. Patio. Pedestrian connection. Perennial. Performance standards. Performing arts production facility. Person. See also Section 21A.34.040 of this title. Persons with disabilities. Philanthropic use. Pitched roof. Place of worship. Place of worship on lot less than four acres in size. Planned development. Planning commission. Planning director. Planting season. Plaza. Pole sign. See Chapter 21A.46 of this title. Political sign. See Chapter 21A.46 of this title. Portable sign. See Chapter 21A.46 of this title. Poultry farm or processing plant. Precision instrument runway. See Section 21A.34.040 of this title. Premises. See Chapter 21A.46 of this title. Prepared food, takeout. Primary entrance. Primary surface. See Section 21A.34.040 of this title. Printing plant. Projecting building sign. See Chapter 21A.46 of this title. Projecting business storefront sign. See Chapter 21A.46 of this title. Projecting parking entry sign. See Chapter 21A.46 of this title. Public safety sign. See Chapter 21A.46 of this title. 126 Public transportation, employer sponsored. Quality of life. Radio, television station. Railroad, freight terminal facility. Railroad, passenger station. Railroad, repair shop. Rainwater harvesting. Real estate sign. See Chapter 21A.46 of this title. Rear yard. Reception center. Record of survey map. Recreation (indoor). Recreation (outdoor). Recreation vehicle park. Recreational (playground) equipment. Recycling collection station. Recycling container. Recycling processing center (indoor). Recycling processing center (outdoor). Refinery, petroleum products. Relocatable office building. Research and development facility. Research facility, medical. Research facility, medical/dental. Residential districts. Residential structure. Restaurant. Restaurant, with drive-through facility. Restaurant, with or without drive-through facility. Retail goods establishment. Retail goods establishment, plant and garden shop with outdoor retail sales area. Retail goods establishment, with drive-through facility. Retail goods establishment, with or without drive-through facility. Retail, sales and service accessory use when located within a principal building. Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees. Retail service establishment. Retail service establishment, electronic repair shop. Retail service establishment, furniture repair shop. Retail service establishment, upholstery shop. Retail service establishment, with drive-through facility. Retaining wall. Reuse water. Reverse vending machine. Rock, sand and gravel storage and distribution. Roof sign. See Chapter 21A.46 of this title. 127 Runway. See Section 21A.34.040 of this title. Sales and display (outdoor). Salt Lake City landscape BMPs for water resource efficiency and protection. Salt Lake City plant list and hydrozone schedule. School, college or university. School, K - 12 private. School, K - 12 public. School, medical/nursing. School, music conservatory. School, professional and vocational. School, professional and vocational (with outdoor activities). School, professional and vocational (without outdoor activities). School, seminary and religious institute. Schools, public or private. Seasonal farm stand. Seasonal item sales. Setback. Sexually oriented business. Shopping center. Shopping center identification sign. See Chapter 21A.46 of this title. Shopping center pad site. Side yard. Sight distance triangle. Sign. See Chapter 21A.46 of this title. Sign face. See Chapter 21A.46 of this title. Sign face area. See Chapter 21A.46 of this title. Sign graphics. See Chapter 21A.46 of this title. Sign maintenance. See Chapter 21A.46 of this title. Sign master plan agreement. See Chapter 21A.46 of this title. Sign painting/fabrication. Sign painting/fabrication (indoor). Sign structure or support. See Chapter 21A.46 of this title. Single-family dwelling. Site development permit. Site plan. Sketch plan review. Slaughterhouse. Sludge. Small brewery. Smoke or smoking. Snipe sign. See Chapter 21A.46 of this title. Snow cone and shaved ice hut. Social service mission. Social service mission and charity dining hall. Soil amendment. Solar array. 128 Solar energy collection system, small. Sound attenuation. See Section 21A.34.040 of this title. Special event sign. See Chapter 21A.46 of this title. Special gateway. See Subsection 21A.46.160.B of this title. Special purpose districts. Specimen tree. See Subsection 21A.48.135.D of this title. Spot zoning. Stabilizing. Stable. Stadium. See also Chapter 21A.46 of this title. Storage, accessory (outdoor). Storage and display (outdoor). Storage (outdoor). Storage, public (outdoor). Storage, self. Store, convenience. Store, conventional department. Store, fashion oriented department. Store, mass merchandising. Store, pawnshop. Store, specialty. Store, specialty fashion department. Store, superstore and hypermarket. Store, warehouse club. Storefront. See Chapter 21A.46 of this title. Story (floor). Story, half. Street. Street frontage. Street trees. Streetscape. Structural alteration. Structural soil. Structure. See also Section 21A.34.040 of this title. Structure, accessory. Studio, art. Studio, motion picture. Subdivision. TV antenna. Taxicab facility. Temporarily irrigated area. Temporary embellishment. See Subsection 21A.46.160.B of this title. Temporary sign. See Chapter 21A.46 of this title. Temporary use. Theater, live performance. Theater, live performance or movie. 129 Theater, movie. Tier 2 water target. Tire distribution retail/wholesale. Transportation terminal, including bus, rail and trucking. Treasured landscape. Tree. See Section 21A.34.040 of this title. Tree protection fencing. See Subsection 21A.48.135.D of this title. Tree protection zone. See Subsection 21A.48.135.D of this title. Trellis. Truck freight terminal. Truck stop. Trucking, repair, storage, etc., associated with extractive industries. Turf. Twirl time. See Subsection 21A.46.160.B of this title. Two-family dwelling. Undevelopable area. Unique residential population. Unit. Unit legalization, implied permit. Unit legalization permit. Unit legalization, substantial compliance with Life and Safety Codes. Urban agriculture. Urban farm. Use, principal. Use, unique nonresidential. Used or occupied. Utility, building or structure. Utility, electric generation facility. Utility runway. See Section 21A.34.040 of this title. Utility, sewage treatment plant. Utility, solid waste transfer station. Utility, transmission wire, line, pipe or pole. Vacant lot. Vanpool. Vanpool, employer sponsored. Variance. Vegetation. Vehicle. Vehicle, auction. Vehicle, automobile and truck repair. Vehicle, automobile and truck sales and rental (including large truck). Vehicle, automobile part sales. Vehicle, automobile rental agency. Vehicle, automobile repair, major. Vehicle, automobile repair, minor. Vehicle, automobile sales/rental and service. 130 Vehicle, automobile sales/rental and service (indoor). Vehicle, automobile salvage and recycling (indoor). Vehicle, automobile salvage and recycling (outdoor). Vehicle, boat/recreational vehicle sales and service. Vehicle, boat/recreational vehicle sales and service (indoor). Vehicle, electric. Vehicle, recreational. Vehicle, recreational vehicle (RV) sales and service. Vehicle, truck repair (large). Vehicle, truck sales and rental (large). Vehicular sign. See Chapter 21A.46 of this title. Vending cart. Vending machine sign. See Chapter 21A.46 of this title. Vertical clearance. Vintage sign. See Chapter 21A.46 of this title. Visible. See Chapter 21A.46 of this title. Visual runway. See Section 21A.34.040 of this title. Wall sign. See Chapter 21A.46 of this title. Warehouse. Warehouse, accessory. Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate). Water body/waterway. Water budget. Water feature. Welding shop. Wholesale distribution. Wind energy system, large. Wind energy system, small. Window sign. See Chapter 21A.46 of this title. Wireless telecommunications facility. Woodworking mill. Yard. Yard, corner side. Yard, front. Yard, interior side. Yard, rear. Yard, side. Zoning Administrator. Zoning districts. Zoning lot. Zoning map. Zoological park. 131 SECTION 26. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and hereby is amended as follows: a. Amending the definition of “Automobile.” That the definition of “Automobile” shall be amended to read as follows: AUTOMOBILE: A self-propelled vehicle with wheels that can legally operate within a public right-of-way. The term includes but is not limited to passenger cars, light trucks, and recreational vehicles. b. Amending the definition of “Alternative parking property.” That the definition of “Alternative parking property” shall be amended to read as follows: ALTERNATIVE PARKING PROPERTY: The property for which an alternative parking requirement is proposed, pursuant to Section 21A.44.050 of this title. c. Amending the definition of “Biodetention.” That the definition of “Biodetention” shall be amended to read as follows: BIODETENTION: A low impact development term also sometimes called a rain garden, biofilter or porous landscape detention that achieves on-site retention of stormwater through the use of vegetated depressions engineered to collect, store, and facilitate runoff infiltration. d. Amending the definition of “Car pool.” That the definition of “Car pool” shall be amended to read as follows: CAR POOL: A group of two or more commuters, including the driver, who share the ride to and from work or other destination on a regularly scheduled basis. e. Adding the definition of “Carshare.” That Section 21A.62.040 shall be amended to add the definition of “Carshare”, which shall read as follows: CARSHARE: A membership-based model of car use where people rent or borrow cars for short periods of time, often by the hour. Vehicles may be made available 132 through private individuals, a property owner/manager, or commercial companies, but are managed through a facilitator. f. Amending the definition of “Change of use.” That the definition of “Change of use” shall be amended to read as follows: CHANGE OF USE: The replacement of an existing use by a new use, or a change in the nature of an existing. A change of ownership, tenancy, name or management, or a change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged is not a change of use. The conversion of existing residential units to condominiums is not a change of use. g. Amending the definition of “Commercial vehicle.” That the definition of “Commercial vehicle” shall be amended to read as follows: COMMERCIAL VEHICLE: A vehicle associated with a business that exceeds one (1) ton capacity. This includes but is not limited to buses, dump trucks, stake body trucks, step vans, tow trucks and tractor trailers. Taxis and limousines shall also be considered commercial vehicles. h. Adding the definition of “Design capacity.” That Section 21A.62.040 shall be amended to add the definition of “Design capacity”, which shall read as follows: DESIGN CAPACITY: The maximum occupancy of a building or structure based on the fire and/or building code, whichever allows occupancy by a larger group of people. i. Amending the definition of “Development.” That the definition of “Development” shall be amended to read as follows: DEVELOPMENT: A. The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels by any person. The following activities or uses shall be taken for the purposes of these regulations to involve “development”: 1. The construction of any principal building or structure; 133 2. Increase in the intensity of use of land, such as an increase in the number of dwelling units or an increase in nonresidential use intensity that requires additional parking; 3. Alteration of a shore or bank of a pond, river, stream, lake or other waterway; 4. Commencement of drilling (except to obtain soil samples), the driving of piles, or excavation on a parcel of land; 5. Demolition of a structure; 6. Clearing of land as an adjunct of construction, including clearing or removal of vegetation and including any significant disturbance of vegetation or soil manipulation; and 7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. B. The following operations or uses shall not be taken for the purpose of these regulations to involve “development”: 1. Work by a highway or road agency or railroad company for the maintenance of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; 2. Utility installations as stated in sSubsection 21A.02.050.B of this title; 3. Landscaping for residential uses; and 4. Work involving the maintenance of existing landscaped areas and existing rights-of-way such as setbacks and other planting areas. j. Amending the definition of “Floor area, gross.” That the definition of “Floor area, gross” shall be amended to read as follows: FLOOR AREA, GROSS: A. For determining size of establishment, the sum of the gross horizontal area of all floors of the building measured from the exterior face of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of a building shall include basement floor area, penthouses, attic space having headroom of seven feet (7’) or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. Space devoted to open air off street parking or loading shall not be included in floor area. 134 B. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet (i.e., 10 feet in height shall equal 1 floor). k. Amending the definition of “Floor area, usable.” That the definition of “Floor area, usable” shall be amended to read as follows: FLOOR AREA, USABLE: For determining off street parking and loading requirements, the sum of the gross horizontal areas of all floors of the building, as measured from the outside of the exterior walls, devoted to the principal use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices. Floor area for the purposes of measurement for off street parking spaces shall not include: A. Floor area devoted primarily to mechanical equipment or unfinished storage areas; B. Floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space. l. Amending the definition of “Garage.” That the definition of “Garage” shall be amended to read as follows: GARAGE: An accessory building or portion of a building designed or used for the storage of vehicles used by the occupants of the principle building. m. Amending the definition of “Garage, attached.” That the definition of “Garage, attached” shall be amended to read as follows: GARAGE, ATTACHED: A garage that has a roof or wall of which fifty percent (50%) or more is attached to and in common with a principal building. An attached garage shall be considered part of the principal building and shall be subject to all yard requirements of the principal building. n. Amending the definition of “Hard surfaced.” That the definition of “Hard surfaced” shall be amended to read as follows: 135 HARD SURFACED: A concrete, asphalt, brick, stone turf block, or other surface approved by the city engineer that is suitable for vehicle traffic. o. Amending the definition of “Off site.” That the definition of “Off site” shall be amended to read as follows: OFF-SITE: A lot that is separate from the lot on which the principal use is located. p. Amending the definition of “Off street parking.” That the definition of “Off street parking” shall be amended to read as follows: OFF STREET PARKING: A site or portion of a site devoted to the parking of automobiles in an area that is not a public or private street or other public right-of- way, including parking spaces, aisles, driveways, and associated landscaped areas. q. Amending the definition of “Outdoor dining.” That the definition of “Outdoor dining” shall be amended to read as follows: OUTDOOR DINING: A dining area with seats and/or table(s) located outdoors of a restaurant, brewpub, bar establishment, tavern, market, deli, or other retail sales establishment that sells food and/or drinks, and which is either: a) located entirely outside the walls of the building of the subject business, or b) enclosed on two (2) sides or less by the walls of the building with or without a solid roof cover, or c) enclosed on three (3) sides by the walls of the building without a solid roof cover. r. Adding the definition of “Park and ride lot.” That Section 21A.62.040 shall be amended to add the definition of “Park and ride lot”, which shall read as follows: PARK AND RIDE LOT: An area or structure intended to accommodate parked vehicles for the general public, where commuters park their vehicles and continue travel to another destination via public transit, carpool, vanpool, or bicycle. Parking lot may be shared with other uses or stand alone. s. Adding the definition of “Parking garage.” That Section 21A.62.040 shall be amended to add the definition of “Parking garage”, which shall read as follows: 136 PARKING GARAGE: A structure or part of a structure used primarily for the housing, parking, or storage of automobiles. t. Amending the definition of “Parking, intensified reuse.” That the definition of “Parking, intensified reuse” shall be amended to read as follows: PARKING, INTENSIFIED REUSE: “Intensified reuse parking” means the change of the use of a building or structure, the past or present use of which may or may not be legally nonconforming as to parking, to a use which would require a greater number of parking stalls available on site which would otherwise be required pursuant to Section 21A.44.040 of this title. Intensified parking reuse shall not include residential uses in residential zoning districts other than single room occupancy residential uses and unique residential populations. u. Amending the definition of “Parking, intensified reuse.” That the definition of “Parking, intensified reuse” shall be amended to read as follows: PARKING LOT: An area on the surface of the land used for the parking of more than four (4) automobiles. Areas designated for the display of new and used vehicles for sale are not included in this definition. v. Amending the definition of “Parking, off site” That the definition of “Parking, off site” shall be amended to read as follows: PARKING, OFF-SITE: An off-street parking area intended to serve one or more uses and that is located on a different parcel or lot than the use(s) it is intended to serve. w. Deleting the definition of “Parking, off site (to support nonconforming uses in a residential zone or uses in the CN or CB zones).” That Section 21A.62.040 shall be amended to delete the definition of “Parking, off site (to support nonconforming uses in a residential zone or uses in the CN or CB zones)”. x. Deleting the definition of “Parking, park and ride lot.” That Section 21A.62.040 shall be amended to delete the definition of “Parking, park and ride lot”. 137 y. Deleting the definition of “Parking, park and ride lot shared with existing use.” That Section 21A.62.040 shall be amended to delete the definition of “Parking, park and ride lot shared with existing use”. z. Amending the definition of “Parking, shared” That the definition of “Parking, shared” shall be amended to read as follows: PARKING, SHARED: Joint use of a parking lot or area for more than one principal use. aa. Amending the definition of “Parking space” That the definition of “Parking space” shall be amended to read as follows: PARKING SPACE: Space within a parking area of certain dimensions as defined in Chapter 21A.44 of this title, exclusive of access drives, aisles, ramps, columns, for the storage of one vehicle. bb. Amending the definition of “Parking study” That the definition of “Parking study” shall be amended to read as follows: PARKING STUDY: A study prepared by a licensed professional traffic engineer specifically addressing the parking demand generated by a use and which provides information necessary to determine whether proposed parking will have a material negative impact to adjacent or neighboring properties. cc. Amending the definition of “Parking, tandem” That the definition of “Parking, tandem” shall be amended to read as follows: PARKING, TANDEM: The in-line parking of one vehicle behind another in such a way that one parking space can only be accessed through another parking space. dd. Adding the definition of “Planning director.” That Section 21A.62.040 shall be amended to add the definition of “Planning director”, which shall read as follows: 138 PLANNING DIRECTOR: The director of the Salt Lake City Planning Division, or his/her designee. ee. Deleting the definition of “Planning official.” That Section 21A.62.040 shall be amended to delete the definition of “Planning official”. ff. Adding the definition of “Primary entrance.” That Section 21A.62.040 shall be amended to add the definition of “Primary entrance”, which shall read as follows: PRIMARY ENTRANCE: The entrance to a building, parcel, or development most used by the public for day-to-day ingress and egress. gg. Amending the definition of “Street” That the definition of “Street” shall be amended to read as follows: STREET: A vehicular way which may also serve for all or part of its width as a way for pedestrian traffic, whether called street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise designated. hh. Amending the definition of “Vanpool” That the definition of “Vanpool” shall be amended to read as follows: VANPOOL: A group of seven (7) to fifteen (15) commuters, including the driver, who share the ride to and from work or other destination on a regularly scheduled basis. ii. Adding the definition of “Vehicle.” That Section 21A.62.040 shall be amended to add the definition of “Vehicle”, which shall read as follows: VEHICLE: A device by which any person or property may be transported upon a public highway except devices used exclusively upon stationary rails or tracks or exclusively moved by human power. 139 jj. Amending the definition of “Vehicle, electric” That the definition of “Vehicle, electric” shall be amended to read as follows: VEHICLE, ELECTRIC: A device which is considered a vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or a plug-in hybrid electric vehicle. An electric vehicle does not include devices that are moved by human power. kk. Adding the definition of “Vehicle, recreational.” That Section 21A.62.040 shall be amended to add the definition of “Vehicle, recreational”, which shall read as follows: VEHICLE, RECREATIONAL: Any motorized vehicle and/or associated non- motorized equipment used for camping, traveling, boating, or other leisure activities including, but not limited to campers, boats, travel trailers, motor homes, snow mobiles, wave runners, and other vehicles designed for traveling on water (motorized and non-motorized). Trailers used for transporting this type of vehicle are also included within this definition. SECTION 27. Replacing Illustration I in Salt Lake City Code Section 21A.62.050. That Section 21A.62.050 of the Salt Lake City Code (Zoning: Definitions: Illustrations of Selected Definitions) shall be, and hereby is amended to replace Illustration I as follows: ILLUSTRATION I SIGHT DISTANCE TRIANGLE 140 SECTION 28. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 202_. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. 141 Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 202_. Published: ______________. Ordinance amending parking regulations (final) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney August 31, 2020 TABLE OF CONTENTS TABLE OF CONTENTS 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. PLANNING COMMISSION A) AGENDA NOTICE B) STAFF REPORT C) AGENDA AND MINUTES D) STAFF PRESENTATION SLIDES E) ADDITIONAL PUBLIC COMMENTS RECEIVED 4. ORIGINAL PETITION 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING The Salt Lake City Council is considering Petition PLNPCM2017-00753 Off Street Parking, Mobility, and Loading Ordinance - A request by former Mayor Jackie Biskupski to modify Zoning Ordinance Chapter 21A.44 Off-Street Parking, Mobility, and Loading. The overall goal of the project is to make the parking chapter more user friendly while still accomplishing related citywide goals related to economic development, sustainability, and land use. The proposed text amendments to the Off Street Parking Ordinance include: 1.Updated parking requirements to better reflect current market demand in the City based on community feedback and previous parking studies commissioned by the City and RDA; 2.Simplify confusing parking regulations that are difficult for property owners to understand and use significant staff resource to interpret and administer; 3.Address technical issues that have been identified through the day to day administration of the parking chapter; and 4.Establish a framework that allows for a parking ordinance that can be responsive to the lopment patterns. The amendment will affect chapter 21A.44 of the zoning ordinance. Related parking provisions of Title 21A.44 may also be amended as part of this petition. As part of their study, the City Council is holding two advertised public hearings to receive comments regarding the petition. During these hearings, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance on the same night of the second public hearing. The hearing will be held electronically: DATE: Date #1 and Date #2 TIME: 7:00 p.m. PLACE: **This meeting will not have a physical location. **This will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation. If you are interested in participating in the Public Hearing, please visit our website at https://www.slc.gov/council/ to learn how you can share your comments during the meeting. Comments may also be provided by calling the 24- Hour comment line at (801)535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Eric Daems at 801-535-7236 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at eric.daems@slcgov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. 3. PLANNING COMMISSION A. Original Notice and Postmark December 30, 2019 3. PLANNING COMMISSION B. Staff Report January 8, 2020 PLANNING DIVISION COMMUNITY & NEIGHBORHOODS Staff Report TO:Salt Lake City Planning Commission FROM: Eric Daems, AICP, Principal Planner DATE: January 8th, 2020 RE: PLNPCM2017-00753- Off-Street Parking, Mobility, and Loading Ordinance Amendment ZONING TEXT AMENDMENT PROPERTY ADDRESS: City-Wide MASTER PLAN: Plan Salt Lake ZONING DISTRICTS: All REQUEST: A request by Mayor Jackie Biskupski to review and modify Zoning Ordinance Chapter 21A.44 Off- Street Parking, Mobility, and Loading. The overall goal of the project is to make the parking chapter more user friendly while still accomplishing related citywide goals related to economic development, sustainability, and land use. The proposed text amendments to the Off-Street Parking Ordinance include: 1. Updated parking requirements to better reflect current market demand in the City based on community feedback and previous parking studies commissioned by the City and RDA; 2. Simplify confusing parking regulations that are difficult for property owners to understand and use significant staff resource to interpret and administer; 3. Address technical issues that have been identified through the day to day administration of the parking chapter; and 4. Establish a framework that allows for a parking ordinance that can be responsive to the changing dynamics of Salt Lake City’s development patterns. RECOMMENDATION: Based on the information in this staff report and the factors to consider for zoning text amendments, Planning Staff recommends that the Planning Commission forward a positive recommendation to the City Council to adopt the proposed zoning ordinance text amendments with the following condition: 1. Ordinance language be amended as necessary to ensure consistency with other code sections and references in the zoning ordinance. ATTACHMENTS: A. Petition Initiation B. Proposed Parking Ordinance Page 1 C. Off-Street Parking Manual D. Parking Context Map E. Analysis of Standards F. Master Plan Compatibility G. Public Process Timeline H. Public Comments I. City Department Comments BACKGROUND: As transportation and land uses change over time, the demand for parking changes. Cities frequently struggle to strike a balance between too much parking and inadequate parking. Parking requirements that are too high can waste land, increase development costs, lead to demolition of structures to meet parking requirements, increase stormwater runoff, compromise water quality, and discourage pedestrian activity. Parking requirements that are too low may lead to increased traffic congestion, difficulty leasing or selling property, and spillover parking onto adjacent residential streets. In June 2017, the Planning Division hired consulting firm Clarion and Associates to perform a comprehensive review and update of Chapter 21A.44 Off-Street Parking, Mobility, and Loading of the zoning ordinance. The provisions of this chapter determine the parking regulations in all areas of the City, but do not include regulations for on-street parking. The process included internal meetings with City divisions most closely involved with the parking chapter and a thorough public engagement plan that is outlined in Attachment G of this report. Following the completion of the work of the consultant, Planning Staff worked to address commentary received, finish the public engagement efforts, and to produce a fully revised parking ordinance. The proposed revisions are primarily located within Chapter 21A.44, but other sections of the zoning code related to parking are also proposed to be amended. Project Scope: This project updates the City’s regulations for off-street parking including: Minimum and maximum number of parking stalls required/allowed Permitted alternatives to off-street parking requirements Parking lot design, access, and dimensional standards Purpose: Implement citywide goals related to economic development, sustainability, and land use including: Create parking regulations that reflect current market demand in the City Reinforce Salt Lake City as a place for people, not cars Eliminate barriers to economic growth and affordable/sustainable housing Allow for flexibility Reduce auto dependency – encourage safe and efficient alternatives Protect neighborhoods Minimize visual impacts of parking (surface and structured) Minimize pedestrian conflicts with vehicles Be environmentally friendly (emissions, water quality, heat island) Page 2 PROPOSED AMENDMENTS: General Comments The following sections introduce the proposed chapter 21A.44 and highlight significant changes. These changes are based on the cumulative feedback of the community and stakeholders, internal staff discussions, feedback from the Planning Commission, objectives identified in Salt Lake City’s various master plans, recommendations from project consultant Clarion & Associates, and industry best practices. The proposed ordinance is included in Attachment B. A version of the proposed ordinance which includes comprehensive footnotes documenting each proposed revision is available upon request from the Salt Lake City Planning department. 21A.44.010: Purpose This section outlines the objectives of the off-street parking chapter. The language has been updated from the previous ordinance to include the stated purpose of: A.Avoiding and mitigating traffic congestion and reducing the financial burden on taxpayer funded roadways; B.Providing necessary access for service and emergency vehicles; C.Providing for safe and convenient interaction between vehicles, bicycles, and pedestrians; D.Providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city; E.Reducing storm water runoff, reducing heat island effect from large expanses of pavement, improving water quality, and minimizing dust pollution; F.Establishing context-sensitive parking standards to reflect the current and future built environment of neighborhoods; and G.Avoiding and mitigating the adverse visual and environmental impacts of large concentrations of exposed parking. 21A.44.020: Applicability This section establishes the thresholds and requirements for when developments are required to comply with the parking regulations. All new development is required to comply. Expansions The current standards require compliance with the parking regulations for any expansions – large or small. A low threshold tends to discourage small expansion projects as the cost to improve and/or expand the parking facilities may outweigh the benefits of expanding the building or use. The proposed expansion threshold would require expansions (and cumulative expansions over a two-year period) that are larger than 25 percent of usable floor area to come into compliance with the parking regulations. Expansions less than 25 percent would not be required to comply with the proposed provisions. Developments would also be required to comply with the addition of one or more dwelling units, and the addition to or expansion of one or more structures that require conditional use permit approval. Change of Use This section proposes significant changes to the applicability thresholds for when a property changes from one type of land use to another. The current zoning code exempts development in the D-1, D-2, and D-3 zoning districts from needing to provide additional parking as a result of a change of use. To allow for broader flexibility and to encourage infill development and redevelopment, this exemption has been expanded to include all developments within the Urban Center Context and Transit Context areas. Page 3 Any change of use outside of the Urban Center Context area or Transit Center Context area that would require an increase in the minimum number of off-street parking spaces by 10 or more spaces or by 25 percent or more spaces, would be required to provide additional parking in compliance with the parking regulations. Older buildings (built prior to 1944) would not require additional parking to be provided for changes in use. This provision is intended to encourage adaptive reuse of older buildings. Exemptions from Parking Requirements This section also introduces changes to which developments are exempt from parking requirements all-together. The current zoning code exempts nonresidential uses in buildings smaller than 1,000 square feet within commercial districts and the D-2 and D-3 zoning districts from having to provide parking. This exemption is now expanded to apply city-wide to all uses on lots (other than single-family or two-family dwellings) created prior to April 12, 1995 that are smaller than 5,000 square feet. This adds another level of flexibility and relief for small property and business owners that would otherwise not be able to use or develop the lot due to parking constraints. Any development that is exempt from providing parking, but that elects to provide parking, will be required to comply with all location and design standards adopted by the City. 21A.44.030: Calculation of Parking This section explains how parking and loading requirements are calculated in the proposed parking chapter as well as identifies which types of parking spaces do not count toward minimum and maximum parking space requirements. This section has been mostly carried forward from the current code, with grammatical and formatting edits. All parking and loading requirements based on square footage are calculated using “usable floor area” as is current practice in Salt Lake City. Usable floor area includes all areas of a building with the exception of areas devoted to mechanical equipment and unfinished storage. The section includes a proposed procedure for how parking and loading requirements are determined for a land use that is not listed in the table of Minimum and Maximum Off-street Parking requirements. The current zoning ordinance assigns a “catch-all” minimum parking requirement of three (3) spaces per 1,000 square feet for “all other uses.” The proposed section retains that minimum and adds a maximum parking allowed requirement of five (5) spaces per 1,000 square feet. Two additional means have also been introduced by which parking requirements can be assigned to an unlisted use. The Planning Director now has the authority to assign a minimum or maximum number of off-street parking spaces required for an unlisted use based on a listed use with similar operating characteristics, occupancy classification or other factors. The Director can also determine the parking and loading requirements for any use based on a parking study submitted by the applicant that demonstrates the anticipated demand for the proposed development. 21A.44.040: Required Off-street Parking Context Areas The current parking ordinance largely treats minimum parking required and maximum parking allowed based solely on the use of the property. Yet, Salt Lake City has a wide variety of development contexts that make any single approach to minimum and maximum parking requirements ineffective. The parking demand for a downtown area served by transit will be lower Page 4 than a downtown adjacent neighborhood or suburban shopping center. To ensure that minimum and maximum parking requirements reflect the built context (and future built context) of the area, the proposed parking ordinance includes four distinct “context areas” with minimum and maximum parking standards tailored to each. The Minimum and Maximum Off-street Parking Table lists the specific zoning districts included in each context area. The following is a brief narrative introducing each context area: General Context: This context includes the City’s zoning districts that tend to be more auto dependent and/or suburban in scale and parking needs. This context applies broadly to all zoning districts that are not specifically listed in the other context areas. Areas that fall into this category are the 300 West commercial corridor, the Redwood Road commercial corridor, and other developments that are in zoning districts not identified in a specific context area in the Minimum and Maximum Off-Street Parking Table. Neighborhood Center: This context includes areas with small- or moderate-scale shopping, gathering, or activity spaces, often within or adjacent to General Context areas, but that are not necessarily well served by transit. This category includes zoning districts with pedestrian-scale development patterns, building forms, and amenities. Areas that fall into this category are the 9th and 9th commercial node, the 15th and 15th commercial node, and other moderate scale commercial and mixed-use developments that are within the zoning districts identified in the Minimum and Maximum Off-Street Parking Table. Image 1: Typical Development Patterns within General Context Image 2: Areas such as 9th and 9th are included as part of the Neighborhood Center Context Page 5 Urban Center: This context includes zoning districts with dense, pedestrian-oriented development within more intensely developed urban centers. The parking demand in this context is higher than in the Transit Center Context, but lower than areas in the Neighborhood Center Context. Areas that fall into this category are the Sugar House Business District, areas adjacent to Downtown, and other developments that are within the zoning districts identified in the Minimum and Maximum Off-Street Parking Table. Transit Context: This context includes those zoning districts that immediately surround mass-transit facilities and/or are in the downtown core. These areas have the lowest parking demand and may be exempt from minimum parking requirements or be required to provide minimal off-street parking. Areas that fall into this category are the Central Business District, Central Ninth, the North Temple/400 South transit corridor, and other developments that are within the zoning districts identified in the Minimum and Maximum Off-Street Parking Table. Image 3: Areas such as Sugar House are included as part of the Urban Center Context Image 4: Areas well serviced by mass-transit are included as part of the Transit Context Page 6 Required Parking Table This section replaces and consolidates the current tables in Section 21A.44.030.G(1): Schedule of Minimum Off-street Parking Requirements; Section 21A.44.030.G(2): Table of District Specific Minimum Off-street Parking Requirements; and Section 21A44.030.H(2): Table of District Specific Maximum Parking Allowance. This table includes all of the use types listed in current Section 21A.33: Land Use Tables, making it clear how much parking is required for each land use allowed in the City. To make the table more user-friendly, similar use types have been grouped into categories and subcategories. All land uses have been included in the table. The inclusion of a land use within the parking table does not authorize the use within a zone or context. Section 21A.33 will still be used to authorize land uses within a zoning district. Parking Minimums All minimum parking standards have been reviewed against those used in other large but relatively low-density cities, and numerous changes have been made. In many cases the minimum requirements have been reduced or eliminated altogether (Transit/Urban Center contexts), but in a few cases (notably retail and restaurant uses) the exceptionally low standards in the current ordinance have been increased in order to reduce overflow parking in neighborhoods. The concerns of “spill-over” parking within neighborhoods was a major concern brought to light by the public and within the neighborhood master plans. Parking Maximums In effort to limit excess parking on a lot, the current parking chapter limits the amount of parking that can be provide on a property to 125% of the minimum parking amount. The current 125 percent maximum parking standard has been replaced with tailored maximums, by context, and targeted at the limited number of land uses where excessive parking significantly undermines planning goals aimed at walkability and urbanism. Land uses that are not typically associated with over-parking, such as day cares, parks, warehouses, and several industrial uses, do not have maximum parking requirements in the revised chapter. The maximum parking standards column in the table of Minimum and Maximum Off-Street Parking clarifies whether the maximum standard applies to only one context area, a combination of context areas, or to all context areas. Parking provided in structures such as parking garages is proposed to include maximum parking allowed. Well located and planned parking garages can provide shared parking solutions for multiple properties. The placement and design of parking garages is already governed by the parking chapter and design standards of the zoning code. The intent of this provision is to encourage and facilitate parking solutions that serve multiple properties. Discussions with Downtown Alliance also revealed that national employers may insist on certain parking counts being provided for their employees. In this sense, parking garages can be a tool to incentivize employers to relocate downtown. Electric Vehicle Parking These standards were carried forward with minor grammatical and formatting edits. No substantive changes are proposed. Although not included as part of the proposed ordinance, Planning Staff worked closely with Salt Lake City’s Sustainability department on new language and standards for Electric Vehicle Readiness. The intent will be to propose requirements that multi-family developments provide a certain percentage of Electric Vehicle Ready parking stalls at the time of development. The language should be anticipated as part of a future ordinance revision and could be included in the design section of the parking ordinance. Page 7 Accessible Parking These standards were carried forward and simplified with minor grammatical and formatting edits. A proposed standard clarifies that parking areas with four (4) or fewer vehicle parking spaces are not required to identify an accessible space with signs or striping, but that a minimum of one (1) space needs to comply with ADA standard dimensions. The table of Accessible Parking Required was simplified. Bicycle Parking This section has been thoroughly revised as existing standards were not meeting the goals and objectives listed in the various City master plans. The existing bicycle parking standards are based on a percentage of vehicle parking provided. This meant that the less parking a development provided, whether through reductions or otherwise, the less bicycle parking that was required to be provided. That logic does not match the City’s goals to be more bikeable and less dependent on automobiles. The proposed standards are based on use and are categorized by context. They have been compared with cities of similar size and dynamic. When a development provides secure/enclosed bicycle parking, the requirement is reduced by half. 21A.44.050: Alternatives to Minimum and Maximum Parking Calculations To increase flexibility, this section is proposed to include new tools allowing by-right adjustments to parking requirements as well as authorizing the Planning Director to modify parking requirements based on an approved parking study. The adjustments allowed under this section can be used in any combination to reduce the minimum number of required parking spaces identified in the Minimum and Maximum Off-street Parking table by up to 40 percent. Certain alternatives are proposed to be removed from the current ordinance based on community feedback and internal observation. It was found that certain provisions were not reducing overall parking demand and that the burden was shifting from developers to neighboring properties, including along the public right-of-way. For example, the provision to allow on-street parking proved hard to administer and created a sense of ownership or entitlement to parking that should have been public. Removing the standard would allow for future flexibility within the public right- of-way. Those alternatives that are proposed to be eliminated include: credit for on-street parking, pedestrian friendly amenities, off-site parking (as a reduction tool), and use of excess parking in a park and ride lot. Many of the items currently listed as Transportation Demand Management (TDM) strategies are now included in other sections of the proposed parking chapter and are not listed in this section. Shared Parking These standards explain how much parking is required when two (2) or more uses share a parking area. A new system for calculating parking reductions is introduced that establishes reduction factors based on the land uses rather than the hours of operation (which is difficult to enforce and administer). The current maximum distance allowed for shared parking areas of 500 feet has been increased between 600-1,200 feet, based on parking context and to reflect national trends and Salt Lake City’s large block sizes. This proposed approach allows mixed-use development the opportunity to reduce the minimum number of required parking spaces to better reflect the parking demands of a mixed-use development. For reference, example calculations have been provided in the text to help users navigate the proposed methods for determining parking requirements. Standards for required documentation for shared parking facilities are introduced and are intended to simplify administration and avoid continued monitoring of cooperation agreements over time. Page 8 Proximity to Fixed-Rail Transit This standard is proposed to allow all multi-family or commercial properties (not just new development) within one-quarter (1/4) mile of a fixed transit station to reduce the number of minimum required parking spaces by 25 percent (down from 50%). The measurement technique is changed from “based on walking distance” to “measured radially in a straight line.” The reduction is available for all contexts except Transit, as the minimums in that context are already based on their proximity to transit. Affordable and Senior Housing These standards would allow for a reduction to the number of minimum parking spaces required if the development provides income restricted and/or age restricted units. The current reduction of 50 percent has been decreased to 25 percent to reflect the already reduced parking requirements and tailored minimums in the Minimum and Maximum Off-street Parking table. Eligibility requirements and thresholds are also clarified. New to this chapter is that qualifying affordable or senior housing projects could reduce their parking by an additional 15 percent when they are located within one-quarter mile of a bus stop that is serviced by a high-frequency bus route. Car Pool and Carshare Parking These proposed standards would allow developments with 100 or more parking spaces to count every dedicated van pool space towards seven of the minimum parking spaces required, and every car pool space to count towards three of the minimum parking spaces required. Working with the City Sustainability department, the section is proposed to include a provision to allow for parking lots of any size to count four spaces towards each designated carshare vehicle space. Valet Parking Services These provisions would allow for parking stalls be replaced on a one-to-one basis for each valet stall provided. The section clarifies qualifying standards but is largely carried over from the current code. Parking Study Demonstrating Different Parking Needs This standard is proposed to allow an applicant to submit a parking study to the Planning Director justifying adjustments to the minimum or maximum required parking standards. This provides a “relief valve” for unique projects that justify alternative parking requirements. 21A.44.060: Parking and Loading Location and Design The current parking and loading location and design standards are found throughout chapter 21A.44 and other parts of the zoning ordinance. This section proposes to consolidate those standards and update them to reflect the proposed context area approach. Notably, the table for parking setbacks has been reorganized into parking contexts and relocated to this section. Specific design standards for the D-1, D-3, D-4, G-MU, TSA, and parking garages have been relocated to this chapter with minor grammatical modifications. The provisions for recreational vehicle parking have been clarified and are located at the end of this section. Some standards were simplified and/or removed because they were no longer necessary as a result of other edits within the parking chapter. Technical standards were largely moved to the proposed Parking Standards Manual. 21A.44.070: Off-street Loading Areas This section includes the proposed standards for how many off-street loading areas are required for developments. These standards were revised to reflect current trends toward more frequent Page 9 deliveries by smaller trucks that do not require large spaces to load or unload without blocking traffic or parking areas. The standards were also clarified to include mixed-use buildings. 21A.44.080: Drive-Through Facilities and Vehicle Stacking Areas This section includes the standards regulating drive-through facilities and vehicle stacking areas. Standards were largely carried over from the existing code, however drive-through stacking spaces were organized by parking context. As part of this revision, redundant provisions for drive- through facilities found in chapter 21.A.40.060 have been proposed to be eliminated. 21A.44.090: Modifications to Parking Areas Administrative Adjustments This tool is largely carried over from the existing ordinance and would grant the Planning or Transportation Director the authority to make minor modifications to the standards in the parking chapter based on certain criteria. Examples include modifications to dimensions or geometries of parking, loading, or maneuvering areas. Special Exceptions The revised ordinance would eliminate the parking “catch-all” exception (#7), currently found in the Special Exceptions chapter 21A.52, as more specific standards have been incorporated into the provisions throughout. The two special exceptions that would continue to be authorized are for front yard parking and surfacing materials for vehicle and equipment storage. 21A.44.100: Use and Maintenance This section proposes standards for how parking areas can be used as well as the maintenance requirements. These standards were largely carried forward as-is with minimal edits. 21A.44.110: Nonconforming Parking and Loading Facilities This section includes the proposed standards addressing nonconforming parking and loading facilities. Chapter 21A.38: Nonconforming Uses and Noncomplying Structures, lays the foundation for how nonconformities are addressed in the zoning ordinance; however, there is some overlap with the standards provided in chapter 21A.44 specific to parking and loading facilities. The current 21A.38.070.B is proposed to be deleted as this content is now addressed in the proposed parking chapter. The ordinance includes proposed tools that will provide a level of flexibility that should address any concerns related to the reconstruction of parking and loading areas on challenging sites. It also introduces a standard that allows a site made nonconforming as a result of an acquisition of property by eminent domain for a right-of-way to be deemed lawful and conforming. This provides an outlet for a site that is made non-conforming when land area or setbacks are reduced by circumstances outside of their control. Parking Standards Manual City staff has elected to create a new Parking Standards Manual (Attachment C) in conjunction with this effort to relocate technical/engineering material from chapter 21A.44 into a technical design manual. This approach would simplify the zoning ordinance and remove details from the code that are of little/no interest to the general public. Including design and engineering minutia in the zoning code makes it more difficult for citizens to navigate and find what they are looking for. This approach would also allow the City to update minor technical/engineering standards without going through the zoning ordinance amendment procedure. It is important for the City to continue updating its technical standards as research and best practices emerge. Page 10 Grammar and Minor Corrections The proposed ordinance includes updated grammar and formatting throughout. Spelling errors, typos, or grammatical errors from the current regulations have been corrected. Definitions The revised chapter includes proposed parking-related definitions that were not previously included in chapter 21A.62: Definitions. KEY CONSIDERATIONS: The following key considerations have been identified for the Planning Commission’s review and potential discussion. 1. Align with the goals of Plan Salt Lake and the various neighborhood master plans 2. Encourage infill development and redevelopment 3. Simplify tobe more user-friendly and easier to implement 4. Modernize to reflect best practices and current market trends for parking 5. Reconsider the current “one-size fits all” approach in favor of “context based” parking 6. Required parking minimums for multi-family developments in General Context 7. Parking Reductions for Developments Adjacent to High-Frequency Bus Stops Consideration 1: Align with the goals of Plan Salt Lake and the various neighborhood master plans The various City master plans contain the collective goals and objectives of Salt Lake City. Many of these goals and adopted policies relate to how the City grows and how to provide balanced transportation networks that reduce automobile dependency while supporting economic growth and affordability. Goals of the City also focus on neighborhood vitality, providing transportation choices, and enhancing the public realm through design, architecture, and development that is context sensitive. Throughout the revision process, Staff sought to implement as many objectives within the master plans as possible. A comprehensive analysis of those standards and the proposed changes can be found in Attachment F of this report. Consideration2: Encourage infill development and redevelopment Infill development and the redevelopment of under-utilized properties are important components for economic growth within an established community like Salt Lake City. The proposed ordinance encourages these types of developments by: Establishing context-based parking standards that are responsive to the unique characteristics of Salt Lake City’s neighborhoods and development patterns Providing alternative methods to modify minimum and maximum parking Allowingparking reductions for affordable/senior housing Relaxingparking requirements for change or expansion of use Image 5: Master Plans such as Plan Salt Lake helped frame the proposed ordinance Page 11 Consideration 3: Simplify to be more user-friendly and easier to implement Improved ordinance usability was a focus of the revised parking chapter. The goal was to create a chapter that was clear for the public and developers to use but was also simpler to administer for City Staff. The proposed ordinance has been modified to include: Improved ordinance usability through the use of tables and the consolidation of parking standards that were previously scattered throughout the code New parking requirement tables with uses organized by category and context Simplified processes for adjustments to minor technical matters Clarified layout and language throughout Consideration 4: Modernize to reflect best practices and current market trends for parking The current parking ordinance for Salt Lake City has not evolved with modern planning practices. Many of the parking count figures are based on outdated models and have not considered the built context or alternative options to traditional parking. The proposed ordinance seeks to implement the latest planning practices and allow for more flexibility based on current market demands for parking. Specifically, the proposed ordinance includes: Tailored standards based on four parking contexts Market driven minimum and maximums, particularly where mass transit is available Adjusted standards for drive-through & loading areas based on best practices Revised method of calculating bicycle parking standards to match development activity New options for car/van-pool, car share, and shared parking Lowered overall required parking in effort to reduce surface area heat gain and water contamination from parking lots and to encourage alternative means of transportation to lower emissions Consideration 5: Reconsider the current “one-size fits all” approach in favor of “context based” parking The existing ordinance contains parking minimums and maximums that are largely based only on a proposed land use. In some cases, there were some minor modifications based on the underlying zoning designation, but it was still largely a one-size fits all approach. The idea of standards that were adaptive to their setting or context was a key consideration presented throughout the various master plans of the City and was a common theme throughout the public engagement process. To this end, the revised parking ordinance has been organized to include four parking contexts: Transit Center, Urban Center, Neighborhood Center, and General. These contexts will help the parking standards to be more responsive to the unique circumstances of the various neighborhoods within Salt Lake City. The proposed ordinance also establishes a frame work that would allow for additional parking contexts in the future if needed. Page 12 Consideration 6: Required parking minimums for multi-family developments in General Context Throughout the public engagement process, the minimum parking requirements for multi-family uses was listed at 2 stalls per dwelling unit, regardless of bedroom type. The public was generally supportive of this standard in each of the engagement events held. However, during the work sessions with the Planning Commission, most felt that this number was too high. Staff has now proposed 1 stall per unit for studio and 1-bedroom apartments and 1.25 stalls per unit for units with more than 1 bedroom. Staff felt this would provide some additional parking for residents that have more than 1 vehicle or for guest parking. Furthermore, these would only be the minimums. A development may choose to include surface parking for up to 2 spaces per dwelling unit for studio ad 1-bedroom units, or 3 stalls per unit for larger apartments. Typical multi-family developments in the general context are averaging about 1.6 stalls per unit. The proposed standards would still allow for that amount of parking to be provided but would not dictate that it had to be installed if the market demand was for less. Consideration 7: Parking Reductions for Developments Adjacent to High-Frequency Bus Stops This particular consideration has produced a split opinion throughout the revision process. Most residents felt that parking reductions should not be granted alone for proximity to high-frequency bus stops. The reasons cited included that they felt the stops lacked permanency and they feared the service was not reliable enough to be counted on for users other than commuters. This was discussed considerably in the work-sessions with the Planning Commission. Some commissioners agreed with public sentiment, while others felt it would be a lost opportunity considering the amount of investment Salt Lake City has made in these routes, particularly when the other goals of the City, such as improved air quality and providing affordable housing, are considered. Image 6: Proposed parking for Multi-family in General Context Page 13 Given these viewpoints, Staff has recommended to tie the reduction specifically to the goal for more affordable housing by allowing for an additional parking reduction of up to 15% for qualifying affordable housing developments located within one-quarter mile of a bus stop that is serviced by high- frequency routes (proposed 21A.44.050.D). Currently, this would include routes 2,9,21, and 200 (see map and chart below). As additional routes improve frequency, including for nights and weekends, they would also qualify for this provision. Bus Service Frequency Rte. Street Weekday Sat.Sun.After 7PM 2 200 S 15 min 15 min 30 min 30 min 9 900 S 15 min 15 min 30 min 30 min 21 21 st S 15 min 15 min 30 min 30 min 200 State St. North 15 min 15 min 30 min 30 wk/60 Sat 205 500 E 15 min 30 min 60 min 60 min 209 900 E 15 min 30 min 60 min 60 min 217 Redwood Rd.15 min 30 min 60 min 60 min 220 Highland/1300 E 15 min 30 min 60 min 30 wk./60 Sat Images 7 (map) & 8 (table): Existing and proposed high-frequency bus routes Page 14 NEXT STEPS: The City Council has the final authority to make changes to the text of the Zoning Ordinance. The recommendation of the Planning Commission for this petition will be forwarded to the City Council for their review and decision. Page 15 ATTACHMENT A: PETITION INITIATION Page 16 Page 17 Page 18 ATTACHMENT B: PROPOSED PARKING ORDINANCE The proposed ordinance revision is largely comprised of a re-written chapter 21A.44- Off-Street Parking, Loading, and Mobility. However, the following related sections of code are also proposed to be altered: Parking design elements from the D-1, D-3, D-4, G-MU, and TSA zoning chapters have been relocated to the proposed parking chapter with minor grammatical or other errors corrected Special Exception #7 (21A.52) is proposed to be eliminated Parking garage design standards (21A.37.050.M) has been relocated to the proposed parking chapter with minor grammatical or other errors corrected Some of the drive-through standards found in 21A.40.060 have been relocated to the proposed parking chapter and redundancies have been eliminated Page 19 Chapter 21A.44:Off Street Parking, Mobility, and Loading December 2019 (Document format provided for convenience of Planning Commission. Adopted format will be consistent with standard ordinance formatting) Page 20 Table of Contents Off Street Parking, Mobility, and Loading ............................. 1 21A.44.010 Purpose......................................................................................................................1 21A.44.020 Applicability ..............................................................................................................1 A. Amounts of Parking, Loading, and Drive-Through Facilities Required .............................................................................1 B. Location and Design...............................................................................................................................................................................2 21A.44.030 Calculation of Parking..............................................................................................2 A. Generally......................................................................................................................................................................................................2 B. Unlisted Uses..............................................................................................................................................................................................3 21A.44.040 Required Off Street Parking ....................................................................................3 A. Minimum and Maximum Parking Spaces Required ..................................................................................................................3 B. Electric Vehicle Parking.......................................................................................................................................................................18 C. Accessible Parking ................................................................................................................................................................................19 D. Bicycle Parking........................................................................................................................................................................................19 21A.44.050 Alternatives to Minimum and Maximum Parking Calculations.........................20 A. Limitations on Adjustments to Minimum Required Parking...............................................................................................20 B. Shared Parking.......................................................................................................................................................................................21 C. Proximity to Fixed-Rail Transit.........................................................................................................................................................22 D. Affordable and Senior Housing (Multi-family Structures) ...................................................................................................22 E. Car Pool and Carshare Parking........................................................................................................................................................22 F. Valet Parking Services.........................................................................................................................................................................23 G. Parking Study Demonstrating Different Parking Needs.......................................................................................................23 21A.44.060 Parking Location and Design.................................................................................24 A. Generally...................................................................................................................................................................................................24 B. Zone Specific Location and Design Standards..........................................................................................................................31 C. Recreational Vehicle Parking............................................................................................................................................................33 21A.44.070 Off Street Loading Areas........................................................................................34 A. Number and Size of Loading Areas Required...........................................................................................................................34 B. Location and Design of Loading Areas........................................................................................................................................34 21A.44.080 Drive-Through Facilities and Vehicle Stacking Areas..........................................35 A. Number of Stacking Spaces Required..........................................................................................................................................35 B. Location and Design of Drive-Through Facilities.....................................................................................................................35 21A.44.090 Modifications to Parking Areas.............................................................................36 A. Administrative Modifications...........................................................................................................................................................36 B. Special Exceptions.................................................................................................................................................................................36 21A.44.100 Use and Maintenance.............................................................................................37 A. Use of Parking Areas............................................................................................................................................................................37 B. Maintenance............................................................................................................................................................................................38 21A.44.110 Nonconforming Parking and Loading Facilities..................................................38 A. Continuation of Nonconforming Parking and Loading Facilities .....................................................................................38 B. Nonconformity Due to Governmental Acquisition.................................................................................................................38 C. Damage or Destruction......................................................................................................................................................................38 D. Legalization of Garages Converted to Residential Use.........................................................................................................38 Definitions 1 Page 21 Off Street Parking, Mobility, and Loading 21A.44.010 Purpose This chapter is intended to require that new development and redevelopment projects provide off street parking and loading facilities in proportion to the parking, loading, and transportation demands of the buildings and land uses included in those projects. This chapter is also intended to help protect the public health, safety, and general welfare by: A.Avoiding and mitigating traffic congestion and reducing the financial burden on taxpayer funded roadways; B.Providing necessary access for service and emergency vehicles; C.Providing for safe and convenient interaction between vehicles, bicycles, and pedestrians; D.Providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city; E.Reducing storm water runoff, reducing heat island effect from large expanses of pavement, improving water quality, and minimizing dust pollution; F.Establishing context-sensitive parking standards to reflect the current and future built environment of neighborhoods; and G.Avoiding and mitigating the adverse visual and environmental impacts of large concentrations of exposed parking. 21A.44.020 Applicability A.Amounts of Parking, Loading, and Drive-Through Facilities Required The standards of this chapter are intended to establish: minimum and maximum amounts of vehicle parking; minimum required bicycle parking, minimum required loading facilities, and minimum capacity of drive-through facilities and shall apply to projects involving the activities listed below. In some instances, other standards of this chapter provide alternatives for required compliance. Certain exemptions are intended to encourage utilization of existing structures and preserve desirable characteristics of locations built prior to parking requirements. 1. New Development Unless otherwise exempted by Section 21A.44.020A.4, the standards in this chapter shall apply to all development and land uses upon adoption of this ordinance. 2. Expansion of Use or Structure The number of off street parking and loading spaces for the expansion of a use or structure shall comply with the requirements of Table 21A.44.040-A:Minimum and Maximum Off Street Parking and the standards of this chapter when: a. One or more additional dwelling units is created; or b. The addition to or expansion of one or more structures or uses that, when considered together with any other expansions during the previous two-year period, would increase the total usable floor area of the structure(s) by more than twenty-five percent (25%); or Page 22 c. The addition to or expansion of one (1) or more structures or uses that requires conditional use permit approval. 3. Change of Use a. Except when located within an Urban Center or Transit Context, or as stated in subsection b below, off street parking shall be provided pursuant to this chapter for any change of use that increases the minimum number of required vehicle parking spaces by: (1) More than ten (10) parking spaces; or (2) More than twenty-five percent (25%) of the parking spaces that currently exist on-site or on permitted off-site locations. b. For changes in use in buildings built prior to 1944, no additional parking shall be required beyond what is existing. 4. Exemptions from Parking Requirements The following shall be exempt from providing the minimum parking required by Table 21A.44.040-A: Minimum and Maximum Off Street Parking, but shall comply with maximum parking allowed and location and design standards in Section 21A.44.060 if parking is provided: a. Lots created prior to April 12,1995 that are less than five thousand (5,000) square feet in lot area, except those being used for single-family, two-family, and twin home dwelling uses; b. Expansions or enlargements that increase the square footage of usable floor area of an existing structure or parking requirements for the use by twenty-five percent (25%) or less, provided that existing off street parking and loading areas are not removed. B.Location and Design Section 21A.44.060: Parking Location and Design, shall apply to all vehicle parking, bicycle parking, loading, and drive-through facilities, regardless of whether the project is subject to the requirements for additional parking spaces or other facilities pursuant to Section 21A.44.020A above. Parking garages are subject to design standards found in 21A.44.060.A.16 and specific requirements of other zoning districts found in 21A.44.060.B. 21A.44.030 Calculation of Parking A.Generally 1.All parking and loading requirements that are based on square footage shall be calculated on the basis of usable floor area of the subject use, unless otherwise specified in Table 21A.44.040-A: Minimum and Maximum Off Street Parking. 2.Parking spaces shall not be counted more than once for required off-site, shared, and/or alternative parking plans, except where the development complies with off-site, shared, and/or alternative parking standards. 3.Parking spaces designed or designated exclusively for motorcycles, scooters, and other two wheeled vehicles shall not count toward the number of minimum required or maximum allowed off street parking spaces. Page 23 4.Parking spaces intended for storage of business vehicles, such as fleet vehicles, delivery vehicles, or vehicles on display associated with sales or rental shall not count toward the number of minimum required or maximum allowed off street parking spaces unless otherwise stated in Table 21A.44.040-A: Minimum and Maximum Off Street Parking. 5.Parking spaces designed or designated exclusively for recreational vehicles shall not count toward the number of minimum required or maximum allowed off street parking spaces. 6.When calculations of the number of required off street parking spaces for vehicles or bicycles result in a fractional number, any fraction of 0.5 or larger shall be rounded up to the next higher whole number. Calculations for more than one use in a project shall be calculated for each individual use and may be rounded individually and added, or added then rounded as determined by the applicant. 7.Lots containing more than one (1) use may provide parking and loading based on the shared parking calculations in section 21A.44.050BB: Shared Parking. B.Unlisted Uses For uses not listed in Table 21A.44.040-A: Minimum and Maximum Off Street Parking the Planning Director is authorized to do any of the following: 1.Apply the minimum or maximum off street parking space requirement specified in Table 21A.44.040-A: Minimum and Maximum Off Street Parking, for the listed use that is deemed most similar to the proposed use as determined by the Planning Director based on operating characteristics, the most similar related occupancy classification, or other factors related to potential parking demand determined by the Director. 2.Apply a minimum parking requirement of three (3) spaces per one thousand (1,000) square feet of usable floor area for the use and a maximum parking allowance of five (5) spaces per one thousand (1,000) square feet of useable floor area for the use. 3.Establish the minimum off street parking space and loading requirements based on a parking study prepared by the applicant according to Section 21A.44.050F. 21A.44.040 Required Off Street Parking A.Minimum and Maximum Parking Spaces Required 1.Unless otherwise provided in this Code, each development or land use subject to this chapter pursuant to Section 21A.44.020 shall provide at least the minimum number, and shall not provide more than the maximum number, of off street parking spaces required by Table 21A.44.040-A: Minimum and Maximum Off Street Parking. 2.A parking standard shown in Table 21A.44.040-A: Minimum and Maximum Off Street Parking, is not an indication of whether the use is allowed or prohibited in the respective zoning district or context area. See Chapter 21A.33: Land Use Tables for allowed and prohibited uses. 3.The maximum parking limit does not apply to parking provided in parking garages, stacked or racked parking structures, or to off-site parking that complies with all other requirements of this title. 4.The maximum parking limit does not apply to properties in the M-1, M-2, BP, or Airport zoning districts that are located west of the centerline of Redwood Road. Page 24 5.If a conditional use is approved by the Planning Commission in accordance with Chapter 21A.54: Conditional Uses, and the conditional use approval states a different parking requirement than that required by this Chapter 21A.44, and is determined necessary to mitigate a detrimental impact, then the parking requirement in the conditional use approval shall apply. 6.All uses with vehicle stacking and/or drive-through facilities shall comply with Section 21A.44.080: Drive-Through Facilities and Vehicle Stacking Areas, in addition to the requirements of Table 21A.44.040-A: Minimum and Maximum Off Street Parking. 7.All uses with outdoor sales, display, leasing, and/or auction areas shall also provide one-half (1/2) parking space and no more than two (2) parking spaces per one thousand (1,000) sq. ft. of outdoor sales, display, leasing, and/or auction area. This additional parking shall not count toward the maximum allowed per Table 21A.44.040-A: Minimum and Maximum Off Street Parking, when a maximum is specified. Context Approach Salt Lake City has a wide variety of development contexts that make any single approach to minimum and maximum parking requirements ineffective. The parking demand for a downtown area served by transit will be much lower than a downtown adjacent neighborhood or suburban shopping center. To ensure that minimum and maximum parking req context areas , and then tailored minimum and maximum parking standards to each. The Minimum and Maximum Off Street Parking Table below lists the specific zoning districts included in each context area. The following is a brief narrative introducing each context area: 1. General Context: -dependent and/or suburban in scale and parking needs. This context applies broadly to all of the zoning districts that are not specifically listed in the other context areas. 2. Neighborhood Center: This category includes areas with small- or moderate-scale shopping, gathering, or activity spaces, often within or adjacent to General Context areas, but that are not necessarily well served by transit. This category includes zoning districts with pedestrian-scale development patterns, building forms, and amenities. 3. Urban Center: This category includes zoning districts with dense, pedestrian-oriented development within more intensely developed urban centers. The parking demand in this context is higher than in the Neighborhood Center Context, but lower than areas with good transit service. 4. Transit Context: This category includes those zoning districts that immediately surround mass-transit facilities and/or are in the downtown core. These areas have the lowest parking demand and may be exempt from minimum parking requirements or be required to provide minimal off street parking. Page 25 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Residential Uses Household Living Artists' loft/studio 1.5 spaces per DU 1 space per DU 0.5 spaces per DU No Minimum No Maximum Manufactured home 2 spaces per DU 1 space per DU No Minimum All Contexts: 4 spaces, not including recreational vehicle parking spaces Mobile home Single-family (attached) Single-family (detached) Single-family cottage development building form 1 space per DU Twin home 2 spaces per DU Two-family Multi-family Studio and 1 bedrooms: 1 space per DU, 2+ bedrooms 1.25 space per DU Studio and 1+ bedrooms: 1 space per DU Studio: No Minimum 1 bedroom: 0.5 space per DU 2+ bedrooms: 1 space per DU No Minimum All Contexts: Studio & 1 Bedroom: 2 spaces per DU 2+ bedrooms: 3 spaces per DU Group Living Assisted living facility 1 space for each 6 infirmary or nursing home beds; plus 1 space for each 4 rooming units; plus 1 space for each 3 DU See Table Note A 1 space for each 8 infirmary or nursing home beds; plus 1 space for each 6 rooming units; plus 1 space for each 4 DU See Table Note A No Minimum No Maximum Nursing care facility Eleemosynary facility 1 space per 4 persons design capacity; See Table Note A 1 space per 6 persons design capacity; See Table Note A 1 space per 4 persons design capacity; See Table Note A No Minimum All Contexts: 1 space per 3 persons design capacity; See Table Note A Group home Residential support Dormitory, fraternity, sorority 1 space per 2 persons design capacity 1 space per 3 persons design capacity 1 space per 4 persons design capacity No Minimum All Contexts: 1 space per 1 persons design capacity Page 26 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Rooming (boarding) house 1 space per 2 guest rooms 1 space per 3 guest rooms 1 space per 4 guest rooms No Minimum No Maximum Single room occupancy 0.5 spaces per unit 0.25 spaces per unit No Minimum No Maximum Public, Institutional, and Civic Uses Community and Cultural Facilities Art gallery 1 space per 1,000 sq. ft. 0.5 spaces per 1,000 sq. ft. No Minimum All Contexts: 2 spaces per 1,000 sq. ft. Studio, Art Exhibition hall Museum Crematorium 2 spaces per 1,000 sq. ft. 1 spaces per 1,000 sq. ft. No Minimum No Maximum Daycare center, adult Daycare center, child Homeless resource center Library Community correctional facility, 3 spaces per 1,000 sq. ft. 2.5 spaces per 1,000 sq. ft. Community recreation center Jail Government facility 3 spaces per 1,000 sq. ft. of office area 1 spaces per 1,000 sq. ft. of office area No Minimum No Maximum Social service mission and charity dining hall Municipal service use, including city utility use and police and fire station 2 spaces per 1,000 sq. ft. of office area, plus 1 space per service vehicle 1 space per 1,000 sq. ft. of office area, plus 1 space per service vehicle No Minimum No Maximum Club/lodge 1 space per 6 seats in main assembly area 1 space per 8 seats in main assembly area 1 space per 10 seats in main assembly area No Minimum All Contexts: 1 space per 4 seats in main assembly area Meeting hall of membership organization Convent/monastery 1 space per 4 persons design capacity 1 space per 6 persons design capacity 1 space per 8 persons design capacity No Minimum No Maximum Page 27 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Funeral home 1 space per 4 seats in main assembly area 1 space per 5 seats in main assembly area 1 space per 6 seats in main assembly area No Minimum Urban Center and Transit Center Context: 2 spaces per 4 seats in main assembly areas Neighborhood Center and General Context: No maximum Place of worship 1 space per 6 seats or 1 space per 300 sq. ft., whichever is less 1 space per 8 seats or 1 space per 400 sq. ft., whichever is less 1 space per 10 seats or 1 space per 500 sq. ft., whichever is less No Minimum All Contexts: 1 space per 3.5 seats or 1 space per 200 sq. ft., whichever is greater Fairground See Table Note B No Maximum Philanthropic use See Table Note B All Contexts: 2 spaces per 1,000 sq. ft. of office, plus 1 space per 6 seats in assembly areas Zoological park See Table Note B No Maximum Ambulance service Cemetery No Minimum Plazas Park Open space Educational Facilities College and university 2 spaces per 1,000 sq. ft. office, research, and library area, plus 1 space per 6 seats in assembly areas 1 space per 1,000 sq. ft. office, research, and library area, plus 1 space per 10 seats in assembly areas No Minimum All Contexts: 4 spaces per 1,000 sq. ft. K - 12 private Elementary or Middle: 1 space per 20 students design capacity High Schools: 1 space per 8 students design capacity K - 12 public Dance/music studio 3 spaces per 1,000 sq. ft. 2.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Music conservatory Professional and vocational Page 28 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Professional and vocational (with outdoor activities) Seminary and religious institute Healthcare Facilities Clinic (medical, dental) 4 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum All Contexts: 6 spaces per 1,000 sq. ft Blood donation center 3 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Transit and Urban Center Context: 3 spaces per 1,000 sq. ft Neighborhood Center and General Context: 6 spaces per 1,000 sq. ft. Hospital 1 space per 3 patient beds design capacity 1 space per 2 patient beds design capacity All Contexts: 1 space per 2 patient beds design capacity Hospital, including accessory lodging facility Commercial Uses Agricultural and Animal Uses Greenhouse 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum Transit and Urban Center Context: 2 spaces per 1,000 sq. ft Neighborhood Center and General Context: No Maximum Kennel Pound Veterinary office Cremation service, animal 1 space per 1,000 sq. ft. Kennel on lots of 5 acres or larger Poultry farm or processing plant Raising of furbearing animals Slaughterhouse Agricultural use No Minimum Community garden Farmer's market Grain elevator Pet cemetery Page 29 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Stable Stockyard Urban farm Botanical garden See Table Note B Recreation and Entertainment Auditorium 1 space per 4 seats in assembly areas 1 space per 6 seats in assembly areas 1 space per 8 seats in assembly areas No Minimum All Contexts: 1 space per 3 seats in assembly areas Theater, live performance Theater, movie Amphitheater See Table Note B Athletic Field Stadium Tennis court (principal use) 2 spaces per court No Minimum Transit and Urban Center Context: 2 spaces per court or lane Neighborhood Center and General Context: No Maximum Bowling 2 spaces per lane Convention center 1 space per 1,000 sq. ft. No Minimum All Contexts: 3 spaces per 1,000 sq. ft. Swimming pool, skating rink or natatorium Health and fitness facility 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. All Contexts: 4 spaces per 1,000 sq. ft. Performing arts production facility Reception center Recreation (indoor) 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. Recreational vehicle park (minimum 1 acre) 1 space per designated camping or RV spot No Maximum Amusement park See Table Note B Recreation (outdoor) See Table Note B Food and Beverage Services Brewpub Indoor tasting/seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasting/seating area: Indoor tasting/seating No Minimum Transit and Urban Center Context: 5 spaces per 1,000 Page 30 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Restaurant 2 spaces per 1,000 sq. ft. area: 2 spaces per 1,000 sq. ft.; Outdoor tasting/seating area: 1 space per 1,000 sq. ft. sq. ft indoor tasting/seating area Neighborhood Center and General Context: 7 spaces per 1,000 sq. ft. indoor tasting/seating area All Contexts: Outdoor tasting/ seating area: 4 spaces per 1,000 sq. ft. Tavern Social club 1 space per 6 seats in main assembly area, or 1 space per 300 sq. ft., whichever is less 1 space per 8 seats in main assembly area, or 1 space per 400 sq. ft., whichever is less 1 space per 10 seats in main assembly area, or 1 space per 500 sq. ft., whichever is less No Minimum All Contexts: 1 space per 4 seats in main assembly area, or 1 space per 200 sq. ft., whichever is greater Office, Business, and Professional Services Check cashing/payday loan business 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum General Context: 4 spaces per 1,000 Neighborhood Center Context: 3 spaces per 1,000 Urban Center and Transit Center Contexts: 2 spaces per 1,000 Dental laboratory/ research facility Financial institution Research and laboratory facilities Office (excluding medical and dental clinic and office) 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. Retail Sales & Services Photo finishing lab No Minimum 1 space per 1,000 sq. ft. No Minimum Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Electronic repair shop Furniture repair shop Upholstery shop Page 31 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Radio, television station 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Neighborhood Center and General Context: 3 spaces per 1,000 sq. ft. Store, Convenience 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. No Minimum Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center: 3 spaces per 1,000 sq. ft. General Context: 5 spaces per 1,000 sq. ft. Auction, Indoor 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Transit Context: 2 spaces per 1,000 sq. ft. Urban Center and Neighborhood Center Context: 3 spaces per 1,000 sq. ft. General Context: 4 spaces per 1,000 sq. ft. Store, Department Fashion oriented development Flea market (indoor) Flea market (outdoor) Store, Mass merchandising Store, Pawn shop Store, Specialty Retail goods establishment Retail service establishment Store, Superstore and hypermarket Store, Warehouse club Page 32 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Retail shopping center over 55,000 sq. ft. usable floor area Up to 100,000 sq. ft. : 2. spaces per 1,000 sq. ft. . Above 100,000 sq. ft. : sq. ft. 1.5 spaces per 1,000 sq. ft. Up to 100,000 sq. ft. : 1.5 spaces per 1,000 sq. ft. . Above 100,000 sq. ft. : 1.25 spaces per 1,000 sq. ft. Transit and Urban Center Contexts: up to 100,000 sq. ft.: 2 spaces per 1,000 sq. ft., above 100,000 sq. ft.: 1.75 spaces per 1,000 sq. ft. Neighborhood Center and General Context: Up to 100,000 sq. ft.: 3 spaces per 1,000 sq. ft., above 100,000 sq. ft.: 2.5 spaces per 1,000 sq. ft. Plant and garden shop with outdoor retail sales area 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Transit and Urban Center Contexts: 1.5 spaces per 1,000 sq. ft. Neighborhood Center: 2 spaces per 1,000 sq. ft. General Context: 3 spaces per 1,000 sq. ft. Lodging Facilities Bed and breakfast 1 space per guest bedroom 0.5 spaces per guest bedroom No Minimum All Contexts: 1.25 spaces per guest bedroom Hotel/motel All Contexts: 1.5 spaces per guest bedroom Vehicles and Equipment Vehicle Auction 2 spaces per 1,000 sq. ft. of office area plus 1 space per service bay 1 space per 1,000 sq. ft. of office area plus 1 space per service bay No Minimum No Maximum Automobile part sales No Minimum All Contexts: Page 33 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Automobile and truck repair sales/rental and service 2 spaces per 1,000 sq. ft. of indoor sales/leasing/office area plus 1 space per service bay 1 space per 1,000 sq. ft. of indoor sales/leasing/ office area plus 1 space per service bay 3 spaces per 1,000 sq. ft. of indoor sales/leasing/ office area, plus 1 space per service bay Boat/recreational vehicle sales and service (indoor) Equipment rental (indoor and/or outdoor) Equipment, heavy (rental, sales, service) Manufactured/mobile home sales and service Recreational vehicle (RV) sales and service Truck repair sales and rental (large) Car wash No Minimum Transit and Urban Center Contexts: 1 space per 1,000 sq. ft. Neighborhood Center: 2 spaces per 1,000 sq. ft. General Context: 5 spaces per 1,000 sq. ft. Car wash as accessory use to gas station or convenience store that sells gas Gas station 2 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. No Minimum General Context: 5 spaces per 1,000 sq. ft. Neighborhood Center Context: 3 spaces per 1,000 sq. ft. Urban Center Context: 1 space per 1,000 sq. ft. Bus line yard and repair facility 1 space per 1,000 sq. ft. , plus 1 space per commercial fleet vehicle No Minimum No Maximum Impound lot Limousine service Taxicab facility Page 34 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Tire distribution retail/wholesale Adult Entertainment Establishments Sexually oriented business 3 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum All Contexts: 5 spaces per 1,000 sq. ft. Transportation Uses Airport Determined by Airport Authority No Maximum Heliport Bus line station/terminal No Minimum Urban Center and Transit Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center and General Context: 1 space per 150 average daily passenger boardings Intermodal transit passenger hub Railroad, passenger station Transportation terminal, including bus, rail and trucking Railroad, repair shop 1 space per 1,000 sq. ft. , plus 1 space per fleet vehicle generally stored on-site No Minimum No Maximum Truck freight terminal Railroad, freight terminal facility No Minimum Industrial Uses Manufacturing and Processing Artisan food production 1 space per 1,000 sq. ft. of production area, plus 2 spaces per 1,000 sq. ft. of office/retail 0.5 spaces per 1,000 sq. ft. of production area, plus 1.5 spaces per 1,000 sq. ft. of office/retail No Minimum Transit and Urban Center Contexts: 1 space per 1,000 sq. ft. of production area, plus 2 spaces per 1,000 sq. ft. of office/retail Page 35 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Bakery, commercial Neighborhood Center and General Context: 2 spaces per 1,000 sq. ft. of production area, plus 3 spaces per 1,000 sq. ft. of office/retail Automobile salvage and recycling (outdoor) 1 space per 1,000 sq. ft. of office 0.5 space per 1,000 sq. ft. of office No Minimum All Contexts: 7 spaces per 1,000 sq. ft. of office/retail Processing center (outdoor) Automobile salvage and recycling (indoor) 1 space per 1,000 sq. ft. No Minimum No Maximum Blacksmith shop Bottling plant Brewery/Small Brewery Chemical manufacturing and/or storage Commercial food preparation Distillery Drop forge industry Explosive manufacturing and storage Food processing Heavy manufacturing Incinerator, medical waste/hazardous waste Industrial assembly Jewelry fabrication Laundry, commercial Light manufacturing Manufacturing and processing, food Paint manufacturing No Minimum Printing plant Page 36 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Processing center (indoor) Recycling Sign painting/ fabrication Studio, motion picture Welding shop Winery Woodworking mill Collection station No Minimum Concrete and/or asphalt manufacturing Extractive industry Manufacturing, concrete or asphalt Refinery, petroleum products Storage and Warehousing Air cargo terminals and package delivery facility 1 space per 1,000 sq. ft. , plus 1 space per fleet vehicle generally stored on-site No Maximum Building materials distribution Flammable liquids or gases, heating fuel distribution and storage Package delivery facility Warehouse Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate) Wholesale distribution Storage, self 2 spaces per 1,000 sq. ft. of office area, plus 1 space per 30 storage units 2 spaces per 1,000 sq. ft. of office All Contexts: 1 space for every 15 storage units Contractor's yard/office 2 spaces per 1,000 sq. ft. of office area All Contexts: 3 spaces per 1,000 sq. ft. of office area Rock, sand and gravel storage and distribution No Minimum No Maximum Storage (outdoor) Page 37 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Storage and display (outdoor) Storage, public (outdoor) Public and Semi-Public Utility Uses Utility: Building or structure No Minimum No Maximum Antenna, communication tower Antenna, communication tower, exceeding the maximum building height in the zone Large wind energy system Solar array Utility: Electric generation facility Utility: Sewage treatment plant Utility: Solid waste transfer station Utility: Transmission wire, line, pipe or pole Wireless telecommunications facility Accessory Uses Accessory Dwelling Unit See Section 21A.40.200: Accessory Dwelling Units Accessory guest and servant's quarter 1 space per DU No Minimum All Contexts: 4 spaces per DU Living quarter for caretaker or security guard Retail, sales and service accessory use when located within a principal building 2 spaces per 1,000 1 space per 1,000 Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center: 3 spaces per 1,000 sq. ft. General Context: 4 spaces per 1,000 sq. ft. Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees No Minimum Page 38 Table 21A.44.040-A: Minimum and Maximum Off Street Parking DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB- SC. R-MU Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6 Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7 Warehouse, accessory 0.5 spaces per 1,000 sq. ft. of warehouse/wholesale No Minimum No Maximum Accessory use, except those that are otherwise specifically regulated elsewhere in this title No Minimum Heliport, accessory Reverse vending machine Storage, accessory (outdoor) Temporary Uses Mobile food business (operation in public right-of- way) No minimum, unless required by temporary use permit or as determined by the Zoning Administrator No Maximum Mobile food business (operation on private property) Mobile food court Vending cart, private property Vending cart, public property Farm stand, seasonal Table Notes: A. Facilities that are (a) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. B. Parking requirements to be determined by Transportation Director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. B.Electric Vehicle Parking Each multi-family use shall provide a minimum of one (1) parking space dedicated to electric vehicles for every twenty five (25) parking spaces provided on-site. Electric vehicle parking spaces shall count toward the minimum required number of parking spaces. The electric vehicle parking space shall be: 1.Located in the same lot as the principal use; 2.Located as close to a primary entrance of the principal building as possible; 3.Signed in a clear and conspicuous manner, such as special pavement marking or signage, indicating exclusive availability to electric vehicles; and Page 39 4.Outfitted with a standard electric vehicle charging station. C.Accessible Parking 1.The number and design of accessible (ADA) parking spaces shall be pursuant to the standards provided in the Salt Lake City Off-Street Parking Standards Manual. 2.Parking areas with four (4) or fewer vehicle parking spaces are not required to identify an accessible parking space; however, if parking is provided, a minimum of one (1) parking space shall comply with the ADA standard dimensions. 3.The number of required accessible spaces shall be based on the total number of vehicle spaces provided to serve the principal uses, as shown below in Table 21A.44.040-B: Accessible Parking Required Table 21A.44.040-B: Accessible Parking Required Off Street Parking Spaces Provided Minimum Required Accessible Spaces 1 to 100 1 per 25 parking spaces 101 to 500 1 per 50 parking spaces 501 to 1,000 2 percent of total number of parking spaces 1,001 and more 20, plus 1 for each 100 parking spaces over 1,000 D.Bicycle Parking 1. Applicability The following regulations apply to all uses except for single-family, two-family, and twin home residential uses and nonresidential uses having less than one thousand square feet (1,000 sq. ft.) of usable floor area. 2. Calculation of Mimimum Required Bicycle Parking Spaces31 The number of required bicycle spaces shall be based on the use within the defined parking contexts as shown in Table 21A.44.040-C: Minimum Bicycle Parking Requirements, unless another City standard requires a different number of bicycle parking spaces for a specific use, in which case the use-specific bicycle parking standard shall apply. Table 21A.44.040-C: Minimum Bicycle Parking Requirements* (Calculation of Bicyle Parking Spaces to be Provided per Residential Unit or Based on Usable Floor Area) Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, CSHBD2, R-MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, D-3, MU, TSA-T, CSHBD1 D-1, D-4, G-MU, TSA-C, UI, FB-UN2, FB-SC, R-MU Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units Page 40 Table 21A.44.040-C: Minimum Bicycle Parking Requirements* (Calculation of Bicyle Parking Spaces to be Provided per Residential Unit or Based on Usable Floor Area) Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, CSHBD2, R-MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, D-3, MU, TSA-T, CSHBD1 D-1, D-4, G-MU, TSA-C, UI, FB-UN2, FB-SC, R-MU Public, Institutional, and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft. Commercial Uses 1 per 20,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft. Industrial Uses No requirement No requirement No requirement No Requirement *For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to the nearest whole number, with one-half counted as an additional space 3. Building Expansions or Changes of Use Building expansions or changes of use that require additional vehicle parking spaces pursuant to section 21A.44.020 and section 21A.44.040 shall provide additional bicycle parking spaces based on the calculations in Table 21A.44.040-C: Minimum Bicycle Parking Requirements for the entire use. 4. Secure/Enclosed Bicycle Parking Each one (1) bicycle parking space that is within a secure/enclosed bicycle parking facility may be used to satisfy the requirement of two (2) required bicycle parking spaces. 5. Existing Public Bicycle Parking Facilities Permanent public bicycle racks or bike corrals located within fifty feet (50') of the primary entrance to the principal building may be used to satisfy up to two (2) required bicycle parking spaces. 6. Accessory and Temporary Uses No bicycle parking spaces are required for accessory or temporary uses. 21A.44.050 Alternatives to Minimum and Maximum Parking Calculations The amount of off street vehicle parking required pursuant to Table 21A.44.040-A: Minimum and Maximum Off Street Parking, may be adjusted by the factors listed in this section. These adjustments may be applied as part of the calculation of parking requirements and do not require discretionary approval by the City. A.Limitations on Adjustments to Minimum Required Parking The adjustments listed in sections 21A.44.050B.B through 21A.44.050F.H may be used in any combination, but shall not be combined to reduce the minimum required parking established in Table 21A.44.040-A: Minimum and Maximum Off Street Parking by more than forty percent (40%). Page 41 B.Shared Parking 1. Shared Parking for Two or More Uses a. Where two (2) or more uses listed in Table 21A.44.040-A: Minimum and Maximum Off Street Parking share a parking garage or parking lot that is located on one of the properties that is sharing parking, or is located within the maximum permitted distance of all of the properties sharing parking shown in Table 21A.44.060-B: Maximum Distances for Off-Site Parking, the total minimum off street parking requirement for those uses may be reduced by the factors shown in Table 21A.44.050-A: Shared Parking Reduction Factors. b. The minimum number of off street parking spaces shall be the sum of the parking requirements for the uses divided by the factor shown in Table 21A.44.050-A: Shared Parking Reduction Factors for that combination of uses. Example: If a 5,000 square foot art gallery shared a parking lot with a 5,000 square foot retail goods establishment, and a 100 unit multi-family residential use in the Urban Center Context, the minimum off street parking required would be calculated as follows: Use 1: Art Gallery 0.5 per 1,000 sq. ft. x (5,000 sq. ft.) = 3 parking spaces Use 2: Retail Goods Establishment 1 per 1,000 sq. ft. x (5,000 sq. ft.) = 5 parking spaces Use 3: Multi-Family Residential 0 per studio unit x (20 studio units) = 0 parking spaces 0.5 per 1 bedroom unit x (36 1 bedroom units) = 18 parking spaces 1 per 2+ bedroom units x (44 2+ bedroom units) = 44 parking spaces 0+18+44 = 62 parking spaces Sum of two largest minimum parking requirements: 5 (retail goods establishment)+ 62 (multi-family) = 67 parking spaces Reduction Factor (two largest minimums): 67 ÷ 1.2 reduction factor = 55.8 or 56 parking spaces Add Remaining Minimum(s): 56 (retail & multi-family) + 3 (art gallery) = 59 parking spaces required Table 21A.44.050-A: Shared Parking Reduction Factors Property Use Multi-Family Residential Public, Institutional, or Civic Food and Beverage, Recreation and Entertainment, or Lodging Retail Sales Other Non- Residential Multi-Family Residential [1] Public, Institutional and Civic 1.1 Page 42 Food and Beverage, Recreation and Entertainment, or Lodging 1.1 1.2 Retail Sales 1.2 1.3 1.3 Other Non-Residential 1.3 1.5 1.7 1.2 [1] Applies to multi-family residential, assisted living facility (large), group home (large), and residential support (large) uses 2. Documentation Required a. The owners of record involved in the joint use of shared parking shall submit written documentation of the continued availability of the shared parking arrangement to the Transportation Director for review. b. The Director shall approve the shared parking arrangement if the Director determines that the documentation demonstrates the continued availability of the shared parking facility for a reasonable period of time. No zoning or use approval shall be issued until the Director has approved the shared parking documentation. c. If the shared parking arrangement is later terminated or modified and the Director determines that the termination or modification has resulted in traffic congestion, overflow parking in residential neighborhoods, or threats to pedestrian, bicycle, or vehicle safety, the property owners involved in the shared parking arrangement may be held in violation of this chapter. C.Proximity to Fixed-Rail Transit Required parking for a development located within one-quarter mile (when measured radially in a straight line from the subject property line) of a fixed-rail transit station platform in the General Context, Neighborhood Center Context, and Urban Center Context areas may be reduced by up to twenty-five percent (25%). This shall not apply to single or two-family uses including: single-family (attached or detached), twin homes, or two-family. D.Affordable and Senior Housing (Multi-family Structures) The minimum number of required off street parking spaces for multi-family residential developments with at least ten (10) dwelling units may be reduced by twenty-five percent (25%) if the multi-family development has: 1.A minimum of twenty-five percent (25%) of the dwelling units are restricted to residents with no greater than sixty percent (60%) area median income (AMI) for leased units; or 2.A minimum of thirty-five percent (35%) of the dwelling units are restricted to residents with no greater than eighty percent (80%) AMI for sale units; or 3.A minimum of seventy-five percent (75%) of the dwelling units are restricted to persons sixty-five (65) years of age or older. For a development that meets any of the scenarios above, an additional reduction of up to fifteen percent (15%) may be allowed when the development is located within one-quarter mile (when measured radially in a straight line from the subject property line) of a bus stop that is serviced by the same route at least every fifteen (15) minutes during daytime hours, Monday - Saturday. Page 43 E.Car Pool and Carshare Parking 1.For parking lots with one hundred (100) or more parking spaces, each off street parking space designated and signed for the exclusive use of a shared car pool vehicle shall count as three (3) spaces toward the satisfaction of minimum off street vehicle parking requirements. 2.For parking lots with one hundred (100) or more parking spaces, each off street parking space designated and signed for the exclusive use of a shared vanpool vehicle shall count as seven (7) spaces toward the satisfaction of minimum off street vehicle parking requirements. 3.For parking lots of any size, each off street parking space designated and signed for the exclusive use of a carshare vehicle shall count as four (4) spaces toward the satisfaction of minimum off street vehicle parking requirements. F.Valet Parking Services Modifications to minimum on site parking spaces may occur on a one-to-one basis if off site valet parking is provided and: 1.The design of the valet parking does not cause customers who do not use the valet services to park off the premises or cause queuing in the right-of-way; 2.The availability of valet parking service is clearly posted outside the establishment and near the main entrance; and 3.The applicant provides adequate written assurances for the continued operation of the valet parking, and a written agreement to notify future owners and tenants of the property of the duty to continue to provide off-site valet parking. G.Parking Study Demonstrating Different Parking Needs 1.The Transportation Director, in consultation with the Planning Director, may authorize a change in the amount of off street parking spaces. The authorization shall be based on the applicant submitting a parking study that demonstrates a different off street parking demand for the proposed development, use, or combination of uses than calculated from Table 21A.44.040-A: Minimum and Maximum Off Street Parking, and subject to the overall limits on parking adjustments in Section 21A.44.050.A above. 2.The Directors shall determine whether the information and assumptions used in the study are reasonable and whether the study accurately reflects anticipated off street parking demand for the proposed development, use, or combination of uses. 3.Considerations for an alternative parking requirement (parking provided below the minimum required or exceeding the maximum allowed) shall be granted only if the following findings are determined: Page 44 a. That the proposed parking plan will satisfy the anticipated parking demand for the use; b. That the proposed parking plan will be at least as effective in maintaining traffic circulation patterns, reducing the visibility of parking areas and facilities as would strict compliance with the otherwise applicable off street parking standards; c. That the proposed parking plan does not have a materially adverse impact on adjacent or neighboring properties; d. That the proposed parking plan includes mitigation strategies for any potential impact on adjacent or neighboring properties; and e. That the proposed alternative parking plan is consistent with applicable City plans and policies. 21A.44.060 Parking Location and Design All required parking areas shall be located and designed in accordance with the standards in this Chapter 21A.44: Off Street Parking, Mobility, and Loading and the standards in the Off-Street Parking Standards Manual. Modifications to the standards of this section 21A.44.060 may be granted through the design review process, subject to conformance with the standards and procedures of Chapter 21A.59: Design Review. A.Generally 1. Parking Located on Same Lot as Use or Building Served All parking spaces required to serve buildings or uses erected or established after the effective date of this ordinance shall be located on the same lot as the building or use served, unless otherwise allowed pursuant to section 21A.44.060A.4 Off-Site Parking Permitted. 2. Biodetention and Landscape Islands in General and Neighborhood Center Contexts For parking lots with one hundred (100) or more parking spaces in the General Context and Neighborhood Center Context areas, parking lot islands or biodetention areas shall be provided on the interior of the parking lot to help direct traffic flow and to provide landscaped areas within such lots. 3. Parking Location and Setbacks All parking shall comply with the parking restrictions within yards pursuant to Table 21A.44.060-A: Parking Location and Setback Requirements Page 45 Table 21A.44.060-A: Parking Location and Setback Requirements N = parking prohibited between lot line and front line of building Zoning District Front Lot Line Corner Side Lot Line Interior Side Lot Line Rear Lot Line General Context Residential (FR Districts, RB, RMF, RO) FR N Parking in driveways that comply with all applicable City standards is exempt from this restriction. 6 ft. 0 ft. R-1, R-2, SR-1, SR-2 0 ft. RMF-30 N 0 ft.; or 10 ft. when abutting any 1-2 family residential district RMF-35, RMF-45, RMF-75, RO N ; 0 ft.; or 10 ft. when abutting any 1-2 family residential district. Limited to 1 side yard except for single-family attached lots. Commercial and Manufacturing (CC, CS, CG, M-1, M-2, SNB) CC 15 ft. 0 ft.; or 7 ft. when abutting any residential district CS 0 ft.; or 15 ft. when abutting any residential district CG 10 ft. M-1 15 ft. M-2 15 ft. 0 ft.; or 50 ft. when abutting any residential district Special Purpose Districts A 0 ft. 0 ft. AG, AG-2, AG-5, AG-20 N BP N 8 ft.; or 30 ft. when abutting any residential district EI 10 ft. 30 ft. 30 ft. 20 ft. FP 20 ft. 6 ft. 0 ft. I 20 ft. 0 ft.; or 15 ft. when abutting any residential district MH 20 ft. 0 ft. OS 30 ft. 10 ft. PL 30 ft. 0 ft.; or 10 ft. when abutting any residential district PL-2 20 ft. RP 30 ft. 8 ft.; or 30 ft. when abutting any residential district Neighborhood Center Context CB , CN, CSHBD2, SNB N 0 ft.; or 7 ft. when abutting any 1-2 family residential district R-MU-35, R-MU-45 Limited to 1 side yard, 0 ft.; or 10 ft. when abutting any 1-2 family residential district 0 ft.; or 10 ft. when abutting any 1-2 family residential district Page 46 Table 21A.44.060-A: Parking Location and Setback Requirements N = parking prohibited between lot line and front line of building Zoning District Front Lot Line Corner Side Lot Line Interior Side Lot Line Rear Lot Line RB, SR-3, FB-UN1, FB-SE N 0 ft. Urban Center Context D-2 N 0 ft. D-3 See section 21A.44.060.B.1 MU N 0 ft.; limited to 1 side yard 0 ft. R-MU Surface Parking: 30 ft. Parking Garages: 45 ft. 0 ft.; or 10 ft. when abutting any 1-2 family residential district Surface parking at least 30 ft. from front lot line. Parking garages at least 45 ft. from front lot line 0 ft.; or 10 ft. when abutting any 1-2 family residential district TSA-T See section 21A.44.060B.22 0 ft. CSHBD1 N 0 ft.; or 7 ft. when abutting any residential district Transit Context D-1 See section 21A.44.060B.11 D-4 See section Error! Reference source not found.1 0 ft. FB-UN2, FB-SC N 0 ft. TSA-C See section 21A.44.060B.22 0 ft. G-MU See section Error! Reference source not found.1 0 ft. UI 0 ft; Hospitals: 30 ft. 0 ft.; or 15 ft. when abutting any 1-2 family residential district; Hospitals: 10 ft. 0 ft.; or 15 ft. when abutting any 1-2 family residential district; Hospitals: 10 ft. 4. Off-Site Parking Permitted When allowed as either a permitted or conditional use per Chapter 21A.33 Land Use Tables, off- site parking facilities may be used to satisfy the requirements of this chapter and shall comply with the following standards: a.Maximum Distance of Off-Site Parking Off-site parking shall be located according to the distance established in Table 21A.44.060-B: Maximum Distances for Off-Site Parking (measured in a straight line from the property boundary of the principal use for which the parking serves to the closest point of the parking area). Table 21A.44.060-B: Maximum Distances for Off-Site Parking Context Maximum Distance to Off-Site Parking Neighborhood Center 600 ft. General Page 47 Legal Nonconforming Use in Residential District Urban Center 1,200 ft. Transit 1,000 ft. b.Documentation Required (1) The owners of record involved in an off-site parking arrangement shall submit written documentation of the continued availability of the off-site parking arrangement to the Planning Director for review. (2) The Planning Director shall approve the off-site parking arrangement if the Director determines the location meets the standards of this section. No zoning or use approval shall be issued until the Director has approved the off-site parking arrangement and the documentation has been recorded in the office of the Salt Lake County Recorder. (3) If the off-site parking arrangement is later terminated or modified and the Planning Director determines that the termination or modification has resulted in traffic congestion, overflow parking in residential neighborhoods, or threats to pedestrian, bicycle, or vehicle safety, the property owners of the uses for which the off-site parking was provided may be held in violation of this chapter. 5. Circulation Plan Required Any application for a building permit shall include a site plan, drawn to scale, and fully dimensioned, showing any off street parking or loading facilities to be provided in compliance with this title. A tabulation of the number of off street vehicle and bicycle parking, loading, and stacking spaces required by this chapter shall appear in a conspicuous place on the plan. 6. Driveways and Access a.Compliance with Other Adopted Regulations (1) Parking lots shall be designed in compliance with applicable City codes, ordinances, and standards, including but not limited to title 12 of the City Code: Vehicles and Traffic and the Off-Street Parking Standards Manual to the maximum degree practicable, with respect to: (a) Minimum distances between curb cuts; (b) Proximity of curb cuts to intersections; (c) Provisions for shared driveways; (d) Location, quantity and design of landscaped islands; and (e) Design of parking lot interior circulation system. (2) Notwithstanding the provisions of 21A.44.060A.6.a(1) above, relocation of a driveway for a single-family, two-family, or twin home residence in any zoning district shall only be required when the residence is replaced, and shall not be required when the residence is expanded or renovated in compliance with the City code. b.Access Standards Access to all parking facilities shall comply with the following standards: Page 48 (1) To the maximum extent practicable, all off street parking facilities shall be designed with vehicular access to a street or alley that will least interfere with automobile, bicycle, and pedestrian traffic movement. (2) Parking facilities in excess of five (5) spaces that access a public street shall be designed to allow vehicles to enter and exit the lot in a forward direction. (3) Parking more shall be limited to two (2) curb cuts, unless the Transportation Director determines that additional curb cuts are necessary to ensure pedestrian, bicycle, and vehicle safety or to comply with the fire code. Public safety uses shall be exempt from limitations on curb cuts. (4) All vehicular access roads/driveways shall be surfaced as required in accordance with section 21A.44.060.A.8 Surface Materials. c.Driveway Standards All driveways shall comply with the following standards: (1)Driveway Location in Residential Zoning Districts With the exception of legal shared driveways, driveways shall be at least twenty feet (20') from street corner property lines and five feet (5') from any public utility infrastructure such as power poles, fire hydrants, and water meters. Except for entrance and exit driveways leading to approved parking areas, no curb cuts or driveways are permitted. (2)Driveway Widths All driveways serving residential uses shall be a minimum eight feet wide and shall comply with the standards for maximum driveway widths listed in Table 21A.44.060-C: Minimum and Maximum Driveway Width. Table 21A.44.060-C: Minimum and Maximum Driveway Width Zoning District Minimum Driveway Width (in front and corner side yard) Maximum Driveway Width* (in front and corner side yard) SR-1, SR-2 and SR-3 8 ft. 22 ft. MH 8 ft. 16 ft. Other Residential Zoning Districts 8 ft. 30 ft. M-1 and M-2 12 ft. single lane and 24 ft. for two-way 50 ft. Other Non-Residential Zoning Districts 12 ft. single lane and 24 ft. for two-way 30 ft. * Maximum width is for all driveways combined when more than one driveway is provided (3)Shared Driveways Shared driveways, where two (2) or more properties share one (1) driveway access, may be permitted if the Transportation Director determines that the design and location of the shared driveway access will not create adverse impacts on traffic congestion or public safety. Page 49 (4)Driveway Surface All driveways providing access to parking facilities shall be improved and maintained pursuant to the standards in the Off-Street Parking Standards Manual. 7. Minimum Dimensional Standards All parking spaces shall comply with the dimensional standards in the Off-Street Parking Standards Manual. 8. Surface Materials All parking spaces shall comply with the standards for surfacing of access, driving, and parking surfacing in the Off-Street Parking Standards Manual. 9. Grading and Stormwater Management All surface parking areas shall comply with City grading and stormwater management standards and shall be reviewed for best management practices by Salt Lake City Department of Public Utilities. Refer to the Salt Lake City Stormwater Master Plan, Storm Drainage Manual, and Green Infrastructure Toolbox for additional information. 10. Sight Distance Triangles All driveways and intersections shall comply with the sight distance triangle standards as defined in the Off-Street Parking Standards Manual. 11. Landscaping and Screening All parking areas and facilities shall comply with the landscaping and screening standards in Chapter 21A.48: Landscaping and Buffers. 12. Lighting Where a parking area or parking lot is illuminated, the light source shall be shielded so that the light source is not directly visible from any abutting property or abutting private or public street. 13. Signs All signs in parking areas or related to parking facilities shall comply with Chapter 21A.46; Signs, and applicable provisions of the Manual on Uniform Traffic Control Devices (MUTCD). 14. Pedestrian Walkways a. Surface parking lots with between twenty-five (25) and one hundred (100) parking spaces shall provide a pedestrian walkway or sidewalk through the parking lot to the primary entrance of the principal building. Pedestrian walkways shall be identified by a change in color, material, surface texture, or grade elevation from surrounding driving surfaces. b. Parking lots with more than one hundred (100) parking spaces shall provide: (1) One (1) or more grade- and located in an area that is not a driving surface, leading from the furthest row of parking spaces to the primary entrance of the principal building. (2) Vehicles shall not overhang the pedestrian walkway(s). Page 50 (3) Where the walkway(s) crosses a drive aisle, pedestrian walkway(s) shall be identified by a change in color, material, surface texture, or grade elevation from surrounding driving surfaces. (4) One (1) pedestrian walkway meeting these standards shall be provided for each one hundred (100) parking spaces provided on site or part thereof, after the first one hundred (100) parking spaces. 15. Parking Garages The following standards shall apply to all above-ground parking garages except those located in the FB zones subject to 21A.27.030.C.4, whether freestanding or incorporated into a building: a. Each façade or a parking garage adjacent to a public street or public space shall have an external skin designed to conceal the view of all parked cars. Examples include heavy gauge metal screen, precast concrete panels, live green or landscaped walls, laminated or safety glass, or decorative photovoltaic panels. b. No horizontal length of the parking garage façade shall extend longer than 40 feet without the inclusion of architectural elements such as decorative grillwork, louvers, translucent screens, alternating building materials, and other external features to avoid visual monotony. Facade elements shall align with parking levels. c. Internal circulation shall allow parking surfaces to be level (without any slope) along each parking garage facade adjacent to a public street or public space. All ramps between levels shall be located along building facades that are not adjacent to a public street or public space, or shall be located internally so that they are not visible from adjacent public streets or public spaces. d. The location of elevators and stairs shall be highlighted through the use of architectural features or changes in façade colors, textures, or materials so that visitors can easily identify these entry points. e. Interior parking garage lighting shall not produce glaring sources toward adjacent properties while providing safe and adequate lighting levels. The use of sensor dimmable LEDs and white stained ceilings are recommended to control light levels on-site while improving energy efficiency. f. In the Urban Center Context and Transit Context areas, the street-level facades of all parking garages shall be designed to meet applicable building code standards for habitable space to allow at least one (1) permitted or conditional use, other than parking, to be located where the parking garage is located. g. Vent and fan locations shall not be located on parking garage facades facing public streets or public spaces, or adjacent to residential uses, to the greatest extent practicable. 16. Tandem Parking Where more than one (1) parking space is required to be provided for a residential dwelling unit, the parking spaces may be designed as tandem parking spaces, provided that: a. No more than two (2) required spaces may be included in the tandem parking layout; and b. Each set of two (2) tandem parking spaces shall be designated for a specific residential unit. Page 51 17. Cross-Access between Adjacent Uses The Transportation Director may require that access to one or more lots be through shared access points or cross-access through adjacent parcels when the Transportation Director determines that individual access to abutting parcels or limited distance between access points will create traffic safety hazards due to traffic levels on adjacent streets or nearby intersections. Such a determination shall be consistent with requirements of state law regarding property access from public streets. Required cross-access agreements shall be recorded with the Salt Lake County Office. B.Zone Specific Location and Design Standards 1. D-1, D-3, D-4, and G-MU Zoning Districts The following regulations shall apply to surface or above-ground parking facilities. No special design and setback restrictions shall apply to below-ground parking facilities. a.Block Corner Areas (1)Within the D-1 zoning district, above-ground parking facilities located within the block corner areas and on Main Street, shall be located behind principal buildings and; a. All above-ground parking facilities that front a street shall contain uses other than parking along the entire length of the building façade and along all stories or levels of the building. b. Vehicle access to parking shall be located to the side of the building or as far from the street corner as possible unless further restricted by this Title. (2)Within the D-3, D-4, or G-MU zoning districts, above-ground parking facilities shall be located behind principal buildings, or at least seventy-five feet (75') from front and corner side lot lines, and shall be landscaped to minimize visual impacts. b.Mid-Block Areas (1)Within the D-1 zoning district, above-ground parking facilities shall be located behind the front line of principal buildings or shall be located at least seventy- five feet (75') from front and corner side lot lines; a. Parking lots proposed as a principal use to facilitate a building demolition are prohibited. (2)Within the D-3, D-4, or G-MU zoning districts, parking facilities shall be located behind principal buildings, or at least thirty feet (30') from front and corner side lot lines. (3)Parking garages shall meet the following: a. Retail goods/service establishments, offices and/or restaurants shall be provided on the first floor adjacent to the front or corner side lot line. The Page 52 facades of such first floors shall be compatible and consistent with the associated retail or office portion of the building and other retail uses in the area. b. Levels of parking above the first level facing the front or corner side lot line shall have floors and/or facades that are horizontal, not sloped. c.Landscape Requirements Surface parking lots, where allowed shall have a minimum landscaped setback of fifteen in Chapter 21A.48: Landscaping and Buffers. 2. TSA Zoning District New uses and development or redevelopment within the TSA zoning district shall comply with the following standards. a.Surface Parking on Corner Properties On corner properties, surface parking lots shall be located behind principal buildings or at least sixty feet (60') from the intersection of the front and corner side lot lines. b.Surface Parking in the Core Area Surface parking lots in the core area are required to be located behind or to the side of the principal building. (1)When located to the side of a building, the parking lot shall be: (a) Set back a minimum of thirty feet (30') from a property line adjacent to a public street. The area between the parking lot and the property line adjacent to a public street shall be landscaped or activated with outdoor dining, plazas, or similar features; (b) Screened with a landscaped hedge or wall that is at least thirty-six inches (36") above grade and no taller than forty-two inches (42") above grade. Landscaping berms are not permitted; and (c) No wider than what is required for two (2) rows of parking and one (1) drive aisle as provided in the Off-Street Parking Standards Manual. (2) Unless a second driveway is necessary to comply with the fire code, a maximum of one (1) driveway and drive aisle shall be permitted per street frontage. The access point shall be located a minimum of one hundred feet (100') from the intersection of the front and corner side lot lines. If the front or corner side lot line is less than one hundred feet (100') in length, then the edge of the drive approach shall be located within twenty feet (20') of the side or rear property line. c.Surface Parking In the Transition Area (1) Surface parking lots in the transition area are required to be located behind the principal building or to the side of a principal building. (2)When located to the side of a principal building, the parking lot shall be: (a) Set back so that no portion of the parking area (other than the driveway) shall be closer to the street than the front wall setback of the building. In cases where the front wall of the building is located within five feet (5') of a property line adjacent Page 53 to a street, the parking lot shall be set back a minimum of eight feet (8'). The space between the parking lot and the property line adjacent to a street shall be landscaped or activated with outdoor dining, plazas, or similar features; and (b) Screened with a landscaped hedge or wall that is at least thirty-six inches (36") above grade and no taller than forty-two inches (42") above grade. Landscaped berms are not permitted. C.Recreational Vehicle Parking 1. Generally a. Recreational vehicle parking spaces shall be in addition to, and not in lieu of, required off street vehicle parking spaces. b. Recreational vehicles shall not be used for storage of goods, materials, or equipment other than those that are customarily associated with the recreational vehicle. c. All recreational vehicles shall be stored in a safe and secure manner. Any tie downs, tarpaulins, or ropes shall be secured from flapping in windy conditions. d. Recreational vehicles shall not be occupied as a dwelling while parked on the property. e. Recreational vehicle parking is permitted in any enclosed structure conforming to building code and zoning requirements for the zoning district in which it is located. f. Recreational vehicle parking outside of an approved enclosed structure shall be permitted for each residence and shall be limited to one motor home or travel trailer and a total of two (2) recreational vehicles of any type. g. Recreational vehicle parking outside of an enclosed structure shall comply with the standards in this section. 2. Front Yard Parking Recreational vehicle parking is prohibited in any required or provided front yard. 3. Rear Yard Parking Recreational vehicles may be parked in the rear yard when they are on a hard surfaced pad compliant with surfacing standards in the Off-Street Parking Standards Manual and with access provided by either a hard surfaced driveway, hard surfaced drive strips or an access drive constructed of turf block materials with an irrigation system. 4. Side Yard Parking Recreational vehicle parking in side yards shall be allowed only when topographical factors, the existence of mature trees, or the existence of properly permitted and constructed structures prohibit access to the rear yard. The existence of a fence or other structure that is not part of a building shall not constitute a lack of rear yard access. Any recreational vehicle parking area in a side yard shall: a. Be on a hard surface compliant with the Off-Street Parking Standards Manual; b. Be accessed via a driveway compliant with driveway standards of this chapter; c. Not obstruct access to other required parking for the use. Page 54 21A.44.070 Off Street Loading Areas A.Number and Size of Loading Areas Required 1.Unless otherwise specified, a required off street loading berth shall be at least ten feet (10') in width by at least thirty-five feet (35') in length for short berths, and twelve feet (12') in width by at least fifty feet (50') in length for long berths, exclusive of aisle and maneuvering space. Maneuvering aprons of appropriate width and orientation shall be provided and shall be subject to approval by the Transportation Director. 2.All loading areas shall have a vertical clearance of at least fourteen feet (14'). 3.Off street loading facilities for new developments or for expansion of an existing development shall be provided at the rate specified for a particular use, or if multiple uses, at the rate of the uses combined, in Table 21A.44.070-A: Off Street Loading Requirements. Regardless of the combination of uses, all buildings with a gross floor area over 50,000 square feet shall have a minimum of 1 short berth. Table 21A.44.070-A: Off Street Loading Requirements Use Gross Floor Area (Square Feet) Number and Size of Berths Hotels, Institutions, and Institutional Living 50,000 - 100,000 1 short Each additional 100,000 1 short Office/Commercial 50,000 - 100,000 1 short Each additional 100,000 up to 500,000 1 short Retail 50,000 - 100,000 1 long Each additional 100,000 1 long Industrial 25,001 - 50,000 1 long 50,001 - 100,000 2 long Each additional 100,000 1 long Multi- Family Residential86 # of Dwelling Units (Per Building) Number and Size of Berths 40-150 1 short 151-300 2 short Greater than 300 1 additional short per 200 units B.Location and Design of Loading Areas 1.All required loading berths shall be located on the same development site as the use(s) served. 2.No loading berth shall be located within thirty feet (30') of the nearest point of intersection of any two (2) streets. 3.No loading berth shall be located in a required front yard. 4.Each required loading berth shall be located and designed to: Page 55 a. Allow all required vehicle maneuvering and backing movements on-site; b. Minimize conflicts with pedestrian, bicycle, and traffic movement or encroachments into any pedestrian walkway, bicycle lane, public right-of-way, and fire lane; and c. Avoid the need to back into a public street while leaving the site to the maximum extent practicable, as determined by the Planning Director and the Transportation Director. 5.Landscaping and screening of all loading berths shall be provided to comply with the requirements of Chapter 21A.48: Landscaping and Buffers. 6.Where a loading berth is illuminated, the light source shall be shielded so that the light source is not directly visible from any abutting property or abutting private or public street. 7.All signs in loading areas shall comply with Chapter 21A.46: Signs, and applicable provisions of the Manual on Uniform Traffic Control Devices. 8.All required loading berths shall comply with the surfacing standards of the Off-Street Parking Standards Manual. 21A.44.080 Drive-Through Facilities and Vehicle Stacking Areas A.Number of Stacking Spaces Required The following standards apply for all uses with vehicle stacking and/or drive-through facilities. 1.All uses with drive-through facilities shall provide the minimum number of on-site stacking spaces indicated in Table 21A.44.080-A: Required Vehicle Stacking Spaces. Table 21A.44.080-A: Required Vehicle Stacking Spaces Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, CSHBD2, R-MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, D-3, MU, R- MU, TSA-T, CSHBD1 D-1, D-4, G-MU, TSA-C, UI, FB-UN2, FB-SC Car Wash, Self-Service 3 spaces per bay or stall 2 spaces per bay or stall Car Wash, Automated 4 spaces per lane or stall 3 spaces per lane or stall Food and Beverage Service Uses 5 spaces per service lane 4 spaces per service lane Other Uses 3 spaces per service lane 3 spaces per service lane B.Location and Design of Drive-Through Facilities 1.In zoning districts where uses with drive-through facilities are allowed and where no front or corner side yard setback is required, the drive-through lanes shall not be located between the front or corner side lot line and any walls of the principal building. 2.Drive-through lanes shall be arranged to avoid conflicts with site access points, access to parking or loading spaces, and internal circulation routes, to the maximum extent practicable. Page 56 3.In the General Context zoning districts, a by-pass lane, driveway, or other circulation area around a drive-through facility stacking lane shall be provided for all uses other than automated car washes. financial institutions and restaurant/retail uses. 4.All required stacking spaces shall measure nine (9) feet by twenty (20) feet and shall be counted from the point of service, or final service window. 5.Air quality: Drive through facilities shall post idle-free signs pursuant to Chapter 12.58 of the city code. 6.When a drive through use adjoins any residential use or any residential zoning district, a minimum six 7.Drive through facility will not result in adverse impacts upon the vicinity after giving consideration to the hours of operation, noise and light generation, traffic circulation, and the site plan. 21A.44.090 Modifications to Parking Areas Applicants requesting development permits or approvals may request adjustments to the standards and requirements in this Chapter 21A.44: Off Street Parking, Mobility, and Loading, and the City may approve adjustments to those standards, as described below. A.Administrative Modifications The Planning Director or Transportation Director may approve the following types of modifications without requiring approval of a Special Exception, provided that the Director determines that the adjustment will not create adverse impacts on pedestrian, bicycle, or vehicle safety and that the adjustment is required to accommodate an unusual site feature (such as shape, topography, utilities, or access point constraints) and that the need for the adjustment has not been created by the actions of the applicant. 1.Modification to dimensions or geometries of parking, loading, or stacking space, aisles, or maneuvering areas otherwise required by this chapter, other City regulations, or the Off-Street Parking Standards Manual; provided that those modifications are consistent with federal and state laws regarding persons with disabilities, including but not limited to the Americans with Disabilities Act. 2.Modifications to bicycle parking or loading berth location or design standards. B.Special Exceptions The following types of exceptions may be approved through the Special Exception process in section 21A.52.040, provided that the application meets the criteria for approval of a Special Exception in section 21A.52.060 in addition to the standards provided in this section. 1. Exceptions Permitted a.Front Yard Parking Exception For any zoning district, if front yard parking is prohibited in Table 21A.44.060-A: Parking Location and Setback Requirements, it may be allowed if all of the following conditions are met: Page 57 (1) The rear or side yards cannot be reasonably accessed by vehicles, specifically; (a) Clearance for a driveway could not be provided in the side yard on either side of the building that is free from obstructions that cannot reasonably be avoided, such as utilities, window-wells, a specimen tree, a direct elevation change of three feet (3') or greater, or retaining walls three feet (3') high or greater; and (b) There is not a right-of-way or alley adjacent to the property with established rights for access, where: a. The travel distance to the property line is less than one hundred feet (100') from an improved street and the right-of-way or alley has at least a minimum twelve foot (12') clearance that is, or could be paved; or b. The travel distance to the property line is more than one hundred feet (100') from an improved street and the right-of-way or alley has an existing minimum twelve foot (12') wide paved surface. (2) It is not feasible to build an attached garage that conforms to yard area and setback requirements; (3) Parking is limited to an area that is surfaced in compliance with the Off-Street Parking Standards Manual; (4) The parking area is limited to nine feet (9') wide by twenty feet (20') deep; (5) Vehicles using the parking area will not project across any sidewalk or into the public right-of-way; and (6) Parking is restricted to passenger vehicles only. b.Vehicle and Equipment Storage Surfacing Exception Vehicle and equipment storage without hard surfacing may be permitted in the CG, M-1, M- 2 and EI zoning districts provided that: (1) The lot is used for long-term vehicle storage, not for regular parking and/or maneuvering; (2) The vehicles or equipment stored are large and/or are built on tracks that could destroy normal hard surfacing; (3) The parking surface is compacted with six inches (6") of road base and other semi- hard material with long lasting dust control chemical applied annually; (4) A hard-surfaced cleaning station is installed to prevent tracking of mud and sand onto the public right-of-way; and (5) Any vehicles or equipment that contain oil are stored with pans, drains, or other means to ensure that any leaking oil will not enter the soil. 21A.44.100 Use and Maintenance A. Use of Parking Areas 1.Except as otherwise provided in this section, required off street parking facilities provided for uses listed in Table 21A.44.040-A: Minimum and Maximum Off Street Parking shall be solely for the parking of automobiles or authorized temporary uses. Page 58 B. Maintenance 1.Space allocated to any off street loading berth or related access or maneuvering area shall not be used to satisfy the parking space requirements for any off street parking. 2.Except in the M-1, M-2, CG, and D districts, no cleaning or maintenance of loading areas using motorized equipment may be performed between ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. each day, except for snow removal. 21A.44.110 Nonconforming Parking and Loading Facilities Nonconforming parking and loading facilities shall be subject to the standards established in Chapter 21A.38: Nonconforming Uses and Noncomplying Structures , and the criteria established in this section. A. Continuation of Nonconforming Parking and Loading Facilities Any parking spaces, loading facilities, or access to public rights-of-way that were lawfully existing or created prior to the effective date of this Ordinance, but that have since become nonconforming with the provisions of this chapter through the actions of the City or any governmental entity, shall be allowed to continue, but any expansion of the use or structure, or change of use, after the adoption date of this Ordinance shall comply with the provisions of this Chapter 21A.44: Off Street Parking, Mobility, and Loading. B. Nonconformity Due to Governmental Acquisition Where a lot, tract, or parcel is occupied by a lawful structure or use, and where the acquisition of right-of-way by eminent domain, dedication, or purchase by a City, county, state, or federal agency creates noncompliance of the parking, loading, or drive-through facilities with any requirement of this chapter, the parking, loading, or drive-through facility shall be deemed lawful and conforming. This designation shall apply only to noncompliance resulting directly from the acquisition of right-of- way. C. Damage or Destruction Reconstruction, reestablishment, or repair of any nonconforming parking, loading, or drive-through area involuntarily damaged or destroyed by fire, collapse, explosion or other natural cause is not required to comply with the standards of this chapter. The parking and loading facilities may be restored or continued as they existed prior to the damage or destruction, or in a manner that reduces any nonconformity that existed prior to the damage or destruction. D. Legalization of Garages Converted to Residential Use Garages attached to single-family and two-family residential structures converted to residential uses before April 12, 1995, and any associated front yard parking, may be legalized by complying with the following requirements: 1.The property owner shall obtain a building permit for all building modifications associated with converting the garage to residential use and the City shall inspect the conversion for substantial compliance with adopted life safety regulations. Page 59 2.The driveway leading to the converted garage shall not be removed without replacing the same number of parking spaces (up to the minimum required by this chapter) in a location authorized by this chapter. 3.Parking on the driveway in the front yard is restricted to passenger vehicles only. Page 60 Definitions AUTOMOBILE A self-propelled vehicle with wheels that can legally operate within a public right-of-way. The term includes but is not limited to passenger cars, light trucks, and recreational vehicles. BIODETENTION A low impact development term also sometimes called a rain garden, biofilter or porous landscape detention that achieves on-site retention of stormwater through the use of vegetated depressions engineered to collect, store, and facilitate runoff infiltration. CAR POOL A group of two or more commuters, including the driver, who share the ride to and from work or other destination on a regularly scheduled basis. CARSHARE129 A membership-based model of car use where people rent or borrow cars for short periods of time, often by the hour. Vehicles may be made available through private individuals, a property owner/manager, or commercial companies, but are managed through a facilitator. CHANGE OF USE The replacement of an existing use by a new use, or a change in the nature of an existing. A change of ownership, tenancy, name or management, or a change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged is not a change of use. The conversion of existing residential units to condominiums is not a change of use. COMMERCIAL VEHICLE A vehicle associated with a business that exceeds one (1) ton capacity. This includes but is not limited to buses, dump trucks, stake body trucks, step vans, tow trucks and tractor trailers. Taxis and limousines shall also be considered commercial vehicles. DESIGN CAPACITY The maximum occupancy of a building or structure based on the Fire and/or Building Code, whichever allows occupancy by a larger group of people. DEVELOPMENT A. The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels by any person. The following activities or uses shall be taken for the purposes of these regulations to involve "development": 1. The construction of any principal building or structure; 2. Increase in the intensity of use of land, such as an increase in the number of dwelling units or an increase in nonresidential use intensity that requires additional parking; 3. Alteration of a shore or bank of a pond, river, stream, lake or other waterway; 4. Commencement of drilling (except to obtain soil samples), the driving of piles, or excavation on a parcel of land; 5. Demolition of a structure; 6. Clearing of land as an adjunct of construction, including clearing or removal of vegetation and including any significant disturbance of vegetation or soil manipulation; and Page 61 7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. B. The following operations or uses shall not be taken for the purpose of these regulations to involve "development": 1. Work by a highway or road agency or railroad company for the maintenance of a road or railroad track, if the work is carried out on land within the boundaries of the right of way; 2. Utility installations as stated in subsection 21A.02.050.B of this title; 3. Landscaping for residential uses; and 4. Work involving the maintenance of existing landscaped areas and existing rights of way such as setbacks and other planting areas. FLOOR AREA, GROSS138 A. For determining size of establishment, the sum of the gross horizontal area of all floors of the building measured from the exterior face of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of a building shall include basement floor area, penthouses, attic space having headroom of seven feet (7') or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. Space devoted to open air off street parking or loading shall not be included in floor area. B. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet (i.e., 10 feet in height shall equal 1 floor). FLOOR AREA, USABLE138 For determining off street parking and loading requirements, the sum of the gross horizontal areas of all floors of the building, as measured from the outside of the exterior walls, devoted to the principal use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices. Floor area for the purposes of measurement for off street parking spaces shall not include: A. Floor area devoted primarily to mechanical equipment or unfinished storage areas; B. Floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space. GARAGE An accessory building or portion of a building designed or used for the storage of vehicles used by the occupants of the principle building. GARAGE, ATTACHED A garage that has a roof or wall of which fifty percent (50%) or more is attached to and in common with a principal building. An attached garage shall be considered part of the principal building and shall be subject to all yard requirements of the principal building. HARD SURFACED138 A concrete, asphalt, brick, stone, turf block, or other surface approved by the City Engineer that is suitable for vehicle traffic. Page 62 OFF STREET PARKING138 A site or portion of a site devoted to the parking of automobiles in an area that is not a public or private street or other public right-of-way, including parking spaces, aisles, driveways, and associated landscaped areas. OFF-SITE138 A lot that is separate from the lot on which the principal use is located. OUTDOOR DINING138 A dining area with seats and/or table(s) located outdoors of a restaurant, brewpub, social club, tavern, market, deli, or other retail sales establishment that sells food and/or drinks, and which is either: A. Located entirely outside the walls of the building of the subject business, or B. Enclosed on two (2) sides or less by the walls of the building with or without a solid roof cover, or C. Enclosed on three (3) sides by the walls of the building without a solid roof cover. PARKING GARAGE A structure or part of a structure used primarily for the housing, parking, or storage of automobiles. PARKING LOT An area on the surface of the land used for the parking of more than four (4) automobiles. Areas designated for the display of new and used vehicles for sale are not included in this definition. PARKING, OFF-SITE An off-street parking area intended to serve one or more uses and that is located on a different parcel or lot than the use(s) it is intended to serve. PARK AND RIDE LOT138 An area or structure intended to accommodate parked vehicles for the general public, where commuters park their vehicles and continue travel to another destination via public transit, carpool, vanpool, or bicycle. Parking lot may be shared with other uses or stand alone. PARKING, SHARED Joint use of a parking lot or area for more than one principal use. PARKING SPACE138 Space within a parking area of certain dimensions as defined in Chapter 21A.44 of this title, exclusive of access drives, aisles, ramps, columns, for the storage of one vehicle. PARKING STUDY A study prepared by a licensed professional traffic engineer specifically addressing the parking demand generated by a use and which provides information necessary to determine whether proposed parking will have a material negative impact to adjacent or neighboring properties. PARKING, TANDEM138 The in-line parking of one vehicle behind another in such a way that one parking space can only be accessed through another parking space. PLANNING DIRECTOR144 The director of the Salt Lake City Planning Division, or his/her designee. PRIMARY ENTRANCE The entrance to a building, parcel, or development most used by the public for day-to-day ingress and egress. Page 63 STREET144 A vehicular way which may also serve for all or part of its width as a way for pedestrian traffic, whether called street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, mall or otherwise designated. VANPOOL A group of seven (7) to fifteen (15) commuters, including the driver, who share the ride to and from work or other destination on a regularly scheduled basis. VEHICLE138 A device by which any person or property may be transported upon a public highway except devices used exclusively upon stationary rails or tracks or exclusively moved by human power. VEHICLE, ELECTRIC A device which is considered a vehicle that uses electricity as its primary source of power, such as a plug- in electric vehicle or a plug-in hybrid electric vehicle. An electric vehicle does not include devices that are moved by human power. VEHICLE, RECREATIONAL138 Any motorized vehicle and/or associated non-motorized equipment used for camping, traveling, boating, or other leisure activities including, but not limited to campers, boats, travel trailers, motor homes, snow mobiles, wave runners, and other vehicles designed for traveling on water (motorized and non- motorized). Trailers used for transporting this type of vehicle are also included within this definition. Page 64 ATTACHMENT C: OFF-STREET PARKING MANUAL Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 ATTACHMENT D: PARKING CONTEXT MAP Page 85 2100 ATTACHMENT E: ANALYSIS OF STANDARDS As per section 21A.50.050, a decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the city council and is not controlled by any one standard. Factor Finding Rationale 1. Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents; Complies As outlined above in the ‘Key Considerations’ section, the proposed text amendments support multiple principles and initiatives of Plan Salt Lake (2015). In addition, the proposed amendments are consistent with many of the goals and objectives of Salt Lake City’s Neighborhood Master Plans. A comprehensive list of those goals can be found in Attachment F of this report. Staff finds that the proposed text amendments are consistent with City purposes, goals, and policies. 2. Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance; Complies The proposed text amendments advance the following purposes and intents of the Zoning Ordinance: …to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Salt Lake City, to implement the adopted plans of the city… Specifically, the purposes are to: A. Lessen congestion in the streets or roads: By introducing four different parking contexts, the proposed ordinance encourages more multi-modal transportation solutions. Traditional development patterns are encouraged through a reduction of required surface parking, making areas more walkable and conducive to mass transit. In the Neighborhood Center context, parking minimums were increased for restaurant and retail uses. The intention is to reduce parking from spilling into neighboring residential streets. D. Classify land uses and distribute land development and utilization; The introduction of parking context areas would create more specific classifications for parking as a land use and allows for more efficient utilization of land for development. The general reductions of minimum parking requirements and revised parking alternatives are proposed to allow for Page 87 more remnantparcels or underutilized land to be redeveloped. E. Protect the tax base; The proposed standards encourage economic vitality by reducing constraints for the reuse of existing buildings and by lowering costs associated with installing parking that would otherwise not be in line with market demand. F. Secure economy in governmental expenditures; Low, wide, suburban style development yields a very inefficient use of a city’s tax dollars by requiring a large amount of service (road maintenance, snow removal, utility lines) for a very small percentage of users. Surface parking exasperates that inefficiency by spreading taxable entities over a larger area. By reducing excessive surface parking, the ordinance encourages tighter more traditional style development especially in the Transit, Urban Center, and Neighborhood Center context areas. That development pattern is intended to encourage a more efficient use of governmental expenditures. Additionally, the proposed ordinance has been streamlined in a way that is easier and less time consuming for City Staff to administer and interpret, which is anticipated to result in added governmental economy. G. Foster the city’s industrial, business and residential development. The City’s industrial areas are proposed within the General parking context. Many of the minimum and maximum parking requirements for common industrial and manufacturing uses are proposed to be removed. The intent is to allow the businesses to install parking according to their needs, rather than by an imposed number. Our studies show that most industrial businesses were required to provide more parking than they needed. Businesses can be more profitable by not spending money on parking that would not be utilized. Within the Transit and Urban Center contexts, many of the minimums and maximums parking requirements have been reduced. This would allow for more residential infill development and encourages use of alternative transportations solutions such as car share or mass transit. Page 88 Affordable housing has also been proposed withlower parking requirements in effort to encourage additional development. H. Protect the environment. The proposed amendments would foster increased mobility choices and allow for a reduced dependency on the automobile. They would reward development that chooses to locate in areas that are better serviced by mass transit. The standards are intended to encourage efficient development that does not devote large expanses to surface parking. These changes would help reduce impacts to air quality and the environment. 3. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; Complies The proposed parking standards are consistent with the purposes of the zoning overlays in that they are context based and therefore more tailored to the underlying zoning and development patterns of a given area. The lower proposed parking minimums and more flexible shared parking standards would help protect properties within the historic overlays that may be threatened by the need to provide large amounts of parking. 4. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design. Complies Many of the elements of the proposed ordinance are derived from the research and principles presented in Parking Reform Made Easy by Chuck Marohn and The High Cost of Free Parking by Donald Shoup. These principles are supported by data and observation collected by Salt Lake City and Clarion Associates. Additionally, the American Planning Association (APA), Congress for New Urbanism (CNU), Urban Land Institute (ULI), and planning advocacy groups such as Strong Towns have all published numerous articles in support of reducing or eliminating parking minimums, capping maximums in certain situations, and general movement towards market-based parking solutions. The proposed text amendments implement best current planning practices for off-street parking and establish a framework for continued changes as the City continues to grow. In particular, the context-based parking approach, modified minimum and maximums, and revised parking alternatives would allow for more vibrant and walkable urban spaces. Page 89 ATTACHMENT F: MASTER PLAN COMPATABILITY Master Plan Principle or Initiative Additional Discussion PLAN SALT LAKE Guiding Principle #2: Growing responsibly while providing people with choices about where they live, how they live, and how they get around. The objectives of Plan Salt Lake were directly targeted with the proposed parking standards. The parking contexts, revised parking alternatives (including for affordable and senior housing), and the generally lower minimums and maximums would support the initiatives outlined in the plan. Growth Initiative #3: promote infill and redevelopment of underutilized land. Transportation and Mobility initiative #4: reduce automobile dependency and single occupancy vehicle trips. Transportation and Mobility initiative #7: Encourage transit-oriented development Air Quality initiative #3: increase mode share for public transit, cycling, walking and carpooling. Air Quality initiative #4 Minimize impact of car emissions. Beautiful City initiative #5: support and encourage architecture, development, and infrastructure that is people focused and responds to its surrounding context and enhances the public realm. Preservation initiative #1: preserve and enhance neighborhood and district character Equity initiative #3: support policies that providing housing choices, including affordability, accessibility and aging in place. Economy initiative #2; support the economic growth of Downtown Economy initiative #3: support the growth of small businesses, entrepreneurship, and neighborhood business nodes. TRANSPORTATION Focus on Public Transit: Examples of TDM programs include limiting development of new parking spaces in congested areas. On-street parking would no longer count toward required parking under the proposed provisions. The revised parking standards would help ensure appropriate parking is provided for each of the identified context areas of the City. On-street parking could be eliminated to provide bicycle lanes. SLC will lower the max allowable parking requirements in the downtown area, in conjunction with implementation of trip reduction strategies. Residential neighborhoods will be protected from the negative impact of overflow parking from adjacent uses. DOWNTOWN Challenge #1: unrealized development potential. Surface parking is a dominant land use, comprising 27% of all developable land downtown. Allowed surface parking would be greatly reduced in the Page 90 Vibrant and Active, Goal 3, initiative 3: On pedestrian oriented streets, active ground floor uses should be prioritized over parking uses. Structured parking should be designed to accommodate, where feasible, street level businesses and other active uses. downtown, however, structured parking would not include maximums. Although on-street parking would not count towards parking requirements, most of the downtown is part of the Transit or Urban Center parking context and would require very low or no minimum parking requirements. Is Connected Goal 4, initiative #1; examine parking policy to ensure adequate parking is provided. Initiative #2: update zoning regulations to locate surface parking lots in appropriate locations. Granary District Initiatives, is vibrant and active: rethink and reclaim public rights of way and find creative solutions to enabling people to use more of the right of way, including median parking. Is prosperous: allow on-street parking to count towards parking requirements South State District Initiatives, is prosperous: allow on- street parking to count towards parking requirements. AVENUES Guidelines for either redevelopment or a new use of existing structures: sufficient parking to meet realistic needs must be provided on site without encroaching into required yard Parking for reuse of existing structures is proposed with updated regulations and is more market-based which would help ensure that businesses have the flexibility to provide parking according to their needs. CAPITOL HILL Ensure adequate community parking while mitigating adverse effects of parking that comes from outside the community. The proposed parking contexts ensure more appropriate standards that provide for the needs of businesses and help reduce parking from spilling into the neighborhoods. Develop a parking plan for Marmalade, Kimball, and West Capitol Hill which analyses various solutions including the following: Shared parking arrangements Cut back on parking CENTRAL COMMUNITY Encourage commercial centers to minimize parking and traffic congestion impacts upon surrounding residential neighborhoods. The proposed increased parking maximums for retail and restaurants will provide a path for developments to provide more parking on-site. The proposed provisions for shared parking and the introduction of context- based parking help favor the use of mass transit and non- motorized transportation methods. Support shared parking facilities Encourage parking solutions to support commercial, neighborhood and transit-oriented development. Investigate the use of shared parking between day and evening land uses to encourage off-street parking. Develop transportation and parking policies that favor the use of mass transit and non-motorized transportation methods in order to help reduce cumulative air emissions. Commercial land uses: periodically evaluate municipal regulations to ensure zoning, business licensing and parking regulations do not hamper the success of small locally owned businesses. Page 91 Institutional land uses: provide tools like residential parking or shared parking lots to help mitigate the effect of traffic and parking congestion caused by existing institutional land uses. EAST BENCH Mitigate parking impacts on properties adjacent to neighborhood business districts. The proposed increases to the parking maximums for retail and restaurants would provide a path for developments to provide more parking on-site. NORTHWEST Reduction in parking requirements should not be granted The Northwest Master Plan is nearly 30 years old. The proposed chapter has fewer options for parking reductions but includes uses that are proposed to have no parking minimums and others that would qualify for reductions. This would be justified through the implementation of the goals and objectives listed in Plan Salt Lake, which is a much newer planning document that addresses current challenges facing Salt Lake City. NORTHWEST QUADRANT Restrict runoff from parking lots flowing directly into natural areas, wetlands, and green corridors The proposed parking requirements rely on more market-based parking counts that are intended to result in a reduction of excess parking for some uses. Minimize the size of parking lots SUGAR HOUSE High Intensity Mixed Use policies: Improve all modes of mobility including street and trail networks, transit, pedestrian and bicycle movement opportunities, and off- street cooperative parking facilities. The introduction of the proposed parking contexts would require parking that is more sensitive to the unique situations within Sugar House. The revised shared parking standards and elimination on maximum parking provided within parking structures would help make it more economically feasible for businesses Multifamily housing needs to provide open space amenities, adequate off-street parking, etc. Incorporate adequate off-street parking into development with identified access, proper buffering and landscaping and encourage coordinated and structured parking Provide for coordinated and structured parking, with underground parking wherever possible. Flexibility in parking requirements may be an option in the future as light rail develops in the area. Shared parking and parking structures should be encouraged. Page 92 Transportation demand management techniques should be used within the business district. to build shared parking garages to serve an area as a regional parking amenity. The proposed elimination of some TDM allowances will help ensure that multi- family projects provide enough parking to meet their demand. The proposed parking alternatives are intended to encourage more practical alternatives than are currently allowed. Encourage coordinated parking in the business district and around commercial nodes. Encourage structured and underground parking wherever feasible to minimize the impacts upon surrounding land uses and reduce the land area used. Require adequate parking for each development and flexibility on parking standards when served by other mobility options. A well-run and utilized transit system has many benefits, including a reduction in parking requirements Minimize cutbacks for on-street parking areas in order to maintain wider sidewalks and landscape areas. Locate parking lots behind buildings in every possible circumstance in order to encourage use of transit, facilitate pedestrian circulation and improve aesthetics Encourage coordinated or structured parking facilities with subsurface parking lots Encourage the implementation of shared parking agreements Evaluate the feasibility of reducing the parking requirements for new structures in the business district when coordinated with shared parking arrangements and alternatively mobility options WESTSIDE Neighborhood nodes contain little parking as they are not normally major attractions for residents outside of the neighborhood. These objectives are largely made possible through the more flexible provisions of the proposed ordinance and the proposed revisions to the shared parking section. Office and businesses should be integrated with one another to take advantage of shared parking to make more efficient use of developable land. Glendale Plaza should have flexible parking. Parking should be required for all uses but located behind or to the side of buildings and shared parking should be encouraged to maximize developable space. Redwood Rd section: residential development should be encouraged via parking reductions and other incentives. Page 93 ATTACHMENT G: PUBLIC PROCESS TIMELINE May 2017 Planning staff developed and released a Request for Proposal to re- write Chapter 21A.44, Off-street Parking, Mobility and Loading Chapter of the zoning ordinance Clarion Associates submitted the lone response to the request June 2017 Selection committee awarded contract to Clarion Associates. Committee represented the following divisions/departments: Planning, Transportation, Redevelopment Authority, and Housing and Neighborhood Development July 2017 Contract finalized, and project kickoff meeting held with Clarion Associates to discuss issues and goals September 2017 Mayor initiates the petition PLNPCM2017-00753 regarding Chapter 21A.44 amendment City’s Public Engagement Team conducts meeting with Clarion Associates and identified business and developer stakeholders to gather initial comments Collected comments from Bicycle Advisory Board at monthly meeting Internal meetings with the following divisions: Planning, Building Services, and Transportation divisions October 2017 Planning Commission briefing Business Advisory Board briefing November 2017 Public survey conducted online with results given to Clarion Associates for consideration December 2017 Public open house held at Liberty Senior Center February 2018 Draft chapter received from Clarion Associates March – April 2018 Draft chapter circulated to city departments for review and comment Department comments sent to Clarion for incorporation into a public draft May 2018 Clarion provided first public draft and met with external steering group June – Dec 2018 Project on hold due to changes in Planning staff, new project manager Page 94 Feb – June 2019 Planning staff re-started work on the project and began public outreach with The Downtown Alliance and community council presentations (Ballpark, Sugar House, ELPCO) May 2019 Draft chapter published on city’s website and emailed to more than 2,000 public contacts for review June – July 2019 Planning staff conducted six public open houses to acquire public input - Main library (2) - Glendale library - Partners in the Park evening event - Sugar House fire station (2) September 2019 Planning staff held two work sessions with the Planning Commission (September 11 and September 25) Page 95 ATTACHMENT H: PUBLIC COMMENTS Public Survey: As part of this update process, an online community survey was made available in November of 2017. Respondents were given the opportunity to offer their opinions and thoughts about off-street parking in Salt Lake City. Six questions were asked with the intended purpose of using the results to help inform future changes to the City’s Off-Street Parking Chapter. Over 700 people participated in the survey. Common themes of the survey: Minimize spill-over parking into residential neighborhoods. All projects (regardless of size) should provide adequate parking to meet the anticipated demand. The market should have a larger role in controlling the amount of parking provided. Elevate the level of quality and design required for large parking lots. Empower City Staff to approve minor adjustments to parking requirements if specific and consistent criteria are met. Community Councils: All recognized community-based organizations were notified of the proposed text amendments at the beginning of the project and once the draft ordinance was available. Most opted to direct their residents to our project website or to attend one of the open houses. Staff did attend community council meetings with Sugar House, ELPCO, and Ballpark Community Councils. Primarily they wanted an overview of the proposed changes and then to focus on the specifics of the parking contexts within their council areas, including parking counts for common land uses. Additionally, most were interested in the changes to alternative parking options. Most were pleased to see that the Transportation Demand Management options being eliminated as they felt that the provision was not resulting in decreased parking demand. They were also interested to see what provisions were put in place to encourage shared parking arrangements. The delicate balance of providing enough parking within neighborhood centers, without destroying character or spilling into the neighborhoods was also discussed. Focus Groups: Planning Staff met the following groups: Bicycle Advisory Board Business Advisory Board Downtown Alliance Developer Stakeholders The groups provided feedback at the onset of the project and in response to the draft ordinance. Some of the themes that emerged from these meetings includes that they want an ordinance that: Is clear and predictable Allows for more market driven parking counts Does not limit parking within parking garages Prioritizes alternative transportation methods where feasible Open Houses: Page 96 One open house was held as a kick-off for the project. Once the draft ordinance was made available, Staff held an additional six open house events in different parts of the City and at different times of day. Staff presented a summary of the proposed ordinance, the parking context map, and information sheets on each of the parking contexts. Although attendance was generally low, nearly all that came expressed support of the proposed revisions. The feedback was nearly unanimously positive. Commission Briefings: The following points and recommendations were made during the most recent briefings with the Planning Commission where they were asked for their direct feedback on the proposed changes: PC Briefing – September 2019 Project scope, purpose, and general updates Public process updates and key take-aways Proposed alternatives to parking calculations Parking minimums for Cottage Developments Parking minimums for Multi-Family Developments in the General Context Parking reductions for development located near high-frequency bus stops Planning Commission Notice of the public hearing for the proposal included: Agenda posted on the Planning Division and Utah Public Meeting Notice websites on Friday, December 20, 2019 Newspaper notice ran on Saturday, December 28, 2019. Page 97 ATTACHMENT I: CITY DEPARTMENT COMMENTS Throughout the revision process, Planning Staff has worked closely with applicable City divisions/departments, including: Housing and Neighborhood Development Fire Building Department Engineering Public Utilities Attorney’s Office Sustainability Police Department Transportation Zoning Each department has provided feedback and suggested revisions which have been incorporated into the various drafts. The comments below represent any final comments for the proposed off-street parking ordinance: Housing and Neighborhood Development: The section on affordable housing on page 23 (item D) covers all the groups of residents that HAND requested be included for consideration of parking requirement reductions. I’ll look forward to seeing what the Planning Commission and Council move ahead with. Public Utilities: Stormwater quality treatment is required for all off-street parking. Wherever possible low impact green infrastructure should be used. Interior landscape islands and park strips should be used for stormwater filtering and treatment. Best management practices for stormwater must be reviewed and approved by Salt Lake City Department of Public Utilities. Refer to the SLC Stormwater Master Plan, Storm Drainage Manual, and Green Infrastructure Toolbox for additional information. Transportation: 1. In 21A.44.020A.3, Change of Use, a. – The first paragraph refers to subsections b and c, but there is no subsection c. Also, the existing ordinance says that only the incremental increase in parking is to be added. Does this ordinance state the project must provide the entire minimum parking requirement? 2. Table 21A.44.040. I am not sure what a single-family cottage development is. Also, it seems to me that there should at least two spaces required for single family developments in the Neighborhood Center Context. 3. There are some boxes in the Table 21A.44.040-A that are blank. 4. In some parts of the Table 21A.44.040-A, the maximum allowance does not cover all of the contexts. 5. In Table 21A.44.040-A, the minimum parking requirement for restaurants is listed as 2 per 1,000 sf. This number could be boosted up to maybe 3 per 1,000 sf. Page 98 6. Retail Sales and Service. There is no minimum parking requirement for Photo finishing lab, Electronics repair shop, Furniture repair shop and Upholstery shop. This causes employees and customers to park on street. There should be a minimum parking requirement. 7. Bicycle parking. This section has been substantially changed. I will need to run this by our bicycle coordinator, Becka, for her input. It would be safe to leave this part of the existing ordinance as is. 8. Valet Parking Services. “Modifications to on-site parking spaces may occur on a one- to-one basis…” I’m not sure what this means. 9. Table 21A.44.060-A. In some of the boxes in the table, there is the letter “N”. I’m assuming that this means “None”. It is unclear. 10. Sight Distance Triangle. We may need to adjust other ordinances (21A.40.120.E and 21A.62.050, Illustration I) so as not to be redundant or conflicting. 11. There is no mention in the ordinance of parking ramps (slopes and maximum breakover points). There should be a referral to the Off-streets Parking Standards Manual. Staff Discussion on Comments from Transportation: Minor corrections were made to the draft ordinance based on comments 1, 3, 4, & 10. Modifications to the required parking counts as mentioned in comments 2, 5, & 6 were not made as these counts have already gone through the public process and have been presented to the Planning Commission in work sessions without requests to be modified. Staff provided the reviewer with explanations requested in comments 1, 2, 8, & 10. The bicycle standards (comment 7) have not been modified since the draft was last sent for department review in May. Planning staff is inclined to present them to the Planning Commission as presented in the proposed ordinance attached to this report. Page 99 3. PLANNING COMMISSION C. Agenda/Minutes Minutes approved January 22, 2020 SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City & County Building January 8, 2020 at 5:30 p.m. (The order of the items may change ) FIELD TRIP - The field trip is scheduled to leave at 4:00 p.m. DINNER - Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m. in Room 126 of the City and County Building. During the dinner break, the Planning Commission may receive training on city planning related topics, including the role and function of the Planning Commission. PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM IN ROOM 326 APPROVAL OF MINUTES FOR DECEMBER 11, 2019 REPORT OF THE CHAIR AND VICE CHAIR REPORT OF THE DIRECTOR PUBLIC HEARINGS 1. Conditional Use for ADU 2651 S. Imperial Street Case number PLNPCM2019-00999 2. Zoning Map Amendment at approximately 1172 E Chandler Dr Case number PLNPCM2019-00795 3. Cleveland Court at approximately 1430 S 400 E a. Case number PLNPCM2019-00189; b. Case number PLNPCM2019-00190; c. Case number PLNSUB2019-00934. 4. Off-Street Parking Chapter Ordinance Revision a. b. c. d. Case number PLNPCM2017-00753 Salt Lake City Planning Commission January 8, 2020 Page 1 SALT LAKE CITY PLANNING COMMISSION MEETING City & County Building 451 South State Street, Room 326, Salt Lake City, Utah Wednesday, January 8, 2020 5:35:06 PM Field Trip APPROVAL OF THE DECEMBER 11, 2019, MEETING MINUTES.5:35:15 PM MOTION 5:35:25 PM Commissioner Bachman moved to approve the minutes from December 11, 2019. Commissioner Scheer seconded the motion. Commissioners Paredes, Lyon, Barry, Urquhart abstained from voting. The motion passed 7-1. REPORT OF THE CHAIR AND VICE CHAIR 5:36:00 PM REPORT OF THE DIRECTOR 5:36:27 PM 5:39:51 PM Conditional Use for ADU 2651 S. Imperial Street Salt Lake City Planning Commission January 8, 2020 Page 7 7:45:08 PM Off-Street Parking Chapter Ordinance Revision a. b. c. d. Case number PLNPCM2017-00753 PUBLIC HEARING 8:20:04 PM Salt Lake City Planning Commission January 8, 2020 Page 8 MOTION 8:47:05 PM Commissioner Lyon stated, based on the information in the staff report, the information presented, and the input received during the public hearing, I move that the Planning Commission recommends approval of the Ordinance Amendment petition for PLNPCM2017-00753 off-street parking, mobility, and loading with the condition listed in the staff report. Commissioner Scheer seconded the motion. Commissioners Mano, Urquhart, Scheer, unanimously. The meeting adjourned at 8:48:18 PM 3. PLANNING COMMISSION D. Staff Presentation Slides 3. PLANNING COMMISSION E. Additional Public Comments Received From: To:Daems, Eric Cc:Norris, Nick; Larsen, Jonathan Subject:(EXTERNAL) I am against lowering off street parking requirements. Date:Wednesday, January 8, 2020 12:08:58 PM Despute public comments to increase parking requirements, the Commission pushed Planning to reduce parking minimums. The proposal ignores the large car lots that Salt Lake City encourages due to the large tax revenue that they generate. I am against these proposals: Building use or expansions of more than 25% would require new parking regulations with no additional parking in D1 D2 D3 and Urban Center context and Transit Context areas when there is a change of use. Buildings older than 1944 do not require more parking for adaptive reuse. All lots other than single or two family dwellings smaller than 5000 sq ft created prior to April 12, 1995 have exemptions to parking requirements but any parking needs City approval. Currently D2 and D3 less than 1000 sq ft is exempt from parking requirements. There is a minimum parking of 3 per 1000 sq ft (now)adds 5 max per 1000 sq ft. I disagree with these reductions in parking. "In many cases the minimum requirements have been reduced or eliminated altogether (Transit/Urban Center Contexts), but in a few cases (notably retail and restaurant uses) the exceptionally low standards in the current ordinance have been increased in order to reduce overflow parking in neighborhoods." "day cares, parks, warehouses, and several industrial uses, do not have maximum parking requirements in the revised chapter." I still disagree that parking requirements should be reduced. The parking proposal allows secure/enclosed bicycle parking to reduce parking in half; and the Planning Director can modify parking requirements, using approved adjustments to reduce requirements by up to 40%. I am against both of those. It increases shared parking from 500 ft away to up to 1200 ft. All multi-family or commercial properties within a 1/4 mile of a fixed transit station can reduce parking minimums 25% (used to be decreased 50%) (changed to radial straight line) (Transit Context minimums not changed). I am against that. Income restricted and/or age restricted units minimum parking reduced to 25%, with a further 15% reduction within a quarter mile of a high frequency bust route stop (2, 9, 200, 205, 209, 217 220). Developments with 100 or more parking spaces could reduce 7 spaces for each van pool space. Valet stalls can reduce parking one for one. Developers can submit parking studies to justify reducing parking. I am against that. During public engagement, the public wanted 2 spaces per unit. Planning Staff, under pressure from Planning Commission, reduced it to 1 per studio and 1 bedroom and 1.25 for more than 1 bedroom. I think that the citizens should be listened to and respected. It is important to note that in Salt Lake City, "Typical multi-family developments in the general context are averaging about 1.6 stalls per unit." That shows that parking requirements/minimums should not be reduced, especially in the Transit Context which has no minimum!! Lowering parking requirements will actually encourage residents to relocate to the suburbs, and, if done for stores, it will encourage driving to nearby cities to spend money and increase pollution. In addition, the pre-eminent study on fare elasticities (Booz Allen Hamilton) show that lack of parking at transit stations discourages mass transit ridership increases. Lowering parking requirements for residential units will discourage car owners and shift the units to mostly low income which will defeat the SLC housing policy of mixed income. Salt Lake City should slow down this process until the public are fully informed with a more thorough outreach. Otherwise, this process will be less popular than the recent so called Utah tax cut. From: To:Daems, Eric Subject:(EXTERNAL) Fwd: text amendments for off-street parking Date:Wednesday, January 8, 2020 5:13:39 PM Eric-I am bringing copies to the meeting. ---------- Forwarded message --------- From: Date: Wed, Jan 8, 2020 at 5:06 PM Subject: text amendments for off-street parking To: Why is this project so important? Three reasons: One is that the biggest obstacle to compatible infill is the need to store the cars somewhere. Secondly, the space required for storing cars reduces the potential density for housing. You can provide housing for a person or a couple very comfortably in the space required to park 3 cars. Third, developments thrive or fail based on the perceived availability of parking. Historically, parking for automobiles was in the rear of a property behind the owner's home. Now vehicles are accommodated on the front façade of a house, as if they were family members. Compliments to Eric Daems and J.P. Goates before him. It is challenging to get excited about a necessary evil. Here are some bullet points for your consideration. 1 Without question, you should earmark a review of the changes within 2-3 years of their adoption by the City Council. It is very clear that some of the previous strategies did not work. 2 p. 3 "Expansions less than 25 percent (of usable floor area) would not be required to comply with the proposed regulations." A business owner would not go through incremental expansions within a 2-year time frame because of the disruption to business and the inefficiency in terms of costs of construction. BUT incremental expansion is a viable business model which occurs over a longer period of time than 2 years and would certainly be used to circumvent the parking requirements. 3 Bravo for allowing historic buildings to continue with existing uses or adaptive reuses without modifications to parking. 4 Tricky on p. 2 If the City exempts a development from providing parking but then holds the developer to the current standards for voluntarily providing parking, that appears to be punishment for voluntarily providing parking to me. 5 Another sticky wicket: Eliminating of credit for on-street parking Yes, this option has been much abused and sent drivers into adjacent neighbors in search of parking because the on- street parking was already in use when the City allowed the developer to count it! HOWEVER, if the developer creates on-street parking spaces and pays for them by using cut- back parking or diagonal parking, then on-street parking created at the developer's expense should be considered. 6 Bravo for recognizing that affordable units do not have the same requirements for parking. The parking level at the Liberty Walk apartments Downtown is largely empty, no matter what time of day I check. Some Seniors do retain their cars after they stop driving, but certainly a reduction in the parking requirement would work for assisted living. The definition of "senior" varies from 50 to 60 in this County. A reduction is not warranted in projects targeting 'active Seniors.' 7 Thanks to staff for recognizing that the most frequent delivery is by a van or UPS/Fed Ex. 8 We all know that the parking requirement for restaurants has been inadequate, but the worst offenders in terms of demand for parking spaces are businesses which have overlapping appointments such as beauty salons and doctors' offices. When a beauty salon opened in one of three pads available in a project, its operation alone exceeded the parking required for all three pads. From: To:Daems, Eric Subject:(EXTERNAL) New parking ordinance Date:Sunday, January 26, 2020 9:33:27 AM Eric, I am in support of the new parking ordinance. When do you expect it will be approved? From: To:Daems, Eric Subject:(EXTERNAL) Parking ordinance Date:Wednesday, January 29, 2020 3:47:33 PM Hi Eric, I may be a day late on this, and you may not be the correct contact, but I just got word that you are working on modifying the parking ordinance by my colleagues on the I live about . It has always bothered me that the S-line was billed by Mayor Becker as a transit-oriented development corridor and yet no one has seemed to take that to heart over the years and enforce lower parking requirements while simultaneously incentivizing public transit use along the transit corridors. Is there some way to get UTA, SLC, and the property managers/owners of the units, particularly along the S-line, but also within a 1/4 mile radius of all rail transit lines in the city to build in UTA passes into HOA fees and rents? I have asked UTA about this they just keep saying "well check out the HIVE pass..." The HIVE pass does not seem like the right solution to this. The HIVE pass may be prohibitively expensive to most people, especially since rents are so high right now. However, if there was a way to get several high density developments on board, then the costs could be spread out over a larger segment of the population. This could help mitigate traffic, parking issues, and air pollution. I feel like UTA is stuck in this chicken and egg scenario - they can't increase service and routes because they don't have enough ridership but they can't increase ridership because the incentives for people to use transit are low and barriers are high. I don't know why no one is taking the opportunity to carve out a solution. We have all of these high density developments downtown and in Sugar House. There should be no reason the people living in those developments shouldn't be given a transit pass or some incentive to use transit. I realize you have zero control over UTA but I feel as though it is worthwhile to bring some folks to the table and really find some solutions not only to parking, but to air quality and transit as well. Thank you for your time and consideration on this. I apologize if this is out of your wheelhouse. Please let me know if there is anyone else I can reach out to in order to continue this conversation or be of assistance in building community support. I am happy to speak with Mayor Mendenhall, Councilwoman Fowler, and any one else you might feel would be interested. Thank you! From: To:Daems, Eric Subject:(EXTERNAL) New Salt Lake Parking Chapter Requirements 21A.44 Date:Friday, April 10, 2020 10:53:26 AM Hi Eric, I spoke with you a couple weeks ago regarding the upcoming parking requirements that are going to be changing in the near future. You asked me to send you a quick email with information regarding what is or isn't working with the new code that is being proposed. I appreciate the opportunity to weigh in. Overall I feel the new parking chapter is great. The main concern is the necessity of a loading birth for multi family complexes that are 40- 150 units. Referenced in Table 21A.44.070-A: Off Street Loading Requirements: We have 3 projects right now that range from 40 units to 90 units. All three of these projects are in the TSA zone and are on lots that are roughly .25 acres or smaller. The challenge we are running into is trying to fit a 10' x 35' x 14' tall loading birth into the design. These smaller lots just don't allow for it from a design or cost perspective, especially when you factor in the additional space needed to maneuver around this area. We just don't have the room to accommodate a loading birth and still be able to make the projects pencil. My humble suggestion (knowing that loading births are helpful and needed). Would be to increase the unit count, so that 1 loading birth is required for complexes that are 80-150 units (at the very least). If it would be possible to get that number up to 90-150 units, that would be even more helpful. But I feel if it isn't raised to at least 80 units minimum, then it will kill the potential for a vast majority of infill and smaller development opportunities. We definitely would not be able to do the 3 projects we are currently working on. Please let me know if you have any questions for me. Thank you again for the opportunity to weigh in on this. 4. ORIGINAL PETITION Petition PLNPCM2017-00753 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: September 21, 2021 RE: Text amendment: Eliminating the Special Exception Process PLNPCM2020-00606 PROJECT TIMELINE: Briefing 1 July 20, 2021 Briefing 2 Sept 21, 2021 Set Date: July 20, 2021 Public Hearing: Aug, 17 2021 Potential Action: TBD Public Hearing Briefing Three people spoke during the public hearing. Two expressed concerns on how these changes to the outdoor dining special exception process would significantly impact their homes for the worse. They asked the council to hold off on taking action and take time to consider making improvements that will help mitigate the impact of outdoor dining on adjacent, residential properties. Additionally, representatives from Verizon Wireless also made comments. They refereed to a letter they sent earlier to Council Members that included redlined comments to the proposed ordinance specific to ground mounted utility boxes. The Council closed the public hearing and asked Planning staff to research and come back with potential recommendations that would include options to mitigate the impact of outdoors dining adjacent to residential zones and to review the comments made by Verizon representatives. Outdoor Dining Changes Page | 2 Attachment A is the Planning Division memo, which outlines how outdoor dining is currently regulated, a summary of the proposed regulations, the methodology that went into analyzing the proposed regulations, and the options the Council may want to consider. Pages 4-9 of the memo provides the details on each of the following options: 1. Leave the proposed standard as is. 2. Increase the landscape buffer to match the 10-foot setback in zoning districts where the required landscape buffer is less than 10 feet. 3. Increase the setback for outdoor dining. 4. Require a conditional use when outdoor dining in a side or rear yard is adjacent to a residential zoning district that doesn’t otherwise allow food serving establishments. 5. Limit the size of the outdoor dining area in a side or rear yard. During the work session briefing, the Council may wish to discuss these options with the Planning staff and then decide how to proceed. The public hearing was closed, so a continued public hearing is not required. Verizon Wireless Suggestions Attachment B is the letter submitted by Verizon Wireless. They said their comments are intended to provide clarity on two issues: 1. identifying which types of property/parcels each section applies to, and 2. ensuring “wireless services” and “other telecommunications services” are covered within the scope of Subsection 3 since wireless providers and others are not regulated utilities The suggestions can be seen as track change in attachment B. Planning staff and the Attorney’s office reviewed Verizon’s suggestions are do not oppose them. If the Council is supportive of including the changes provided in Attachment B into the final draft of the ordinance, a straw poll can be taken to direct staff to include them. The following information was provided for the August 17 public hearing. It is provided again for background purposes. Work Session Briefing During the work session briefing Planning staff noted the current draft ordinance included a few typos that needed to be correct. They sent an updated ordinance that made these corrections. 1. Outdoor dining additional parking requirements Should say it is considered an expansion of the use. Previously said “is not” (Line 725-727 of Legislative Daft) 2. Accessory building height in multifamily zones Should say max of 21’ for a pitched roof. Previously said 15’. (Line 636 of Legislative Daft) Page | 3 Additionally, a constituent reached out to Council Member Mano and Council staff to express his concerns about the impact of outdoor dining on his home. He said the constant noise from an adjacent restaurant has significantly impacted his home for the worse. He wants the City to keep the special exception process for outdoor dining so residents impacted by potential outdoor dining have a process that enables them to let the City know when that type of use will have a negative impact on adjacent properties and mitigate it or potentially deny it. The draft ordinance would permit outdoor dining with qualifying provisions intended to reduce the impact when next to residential zoning districts, including a setback from the shared property line and time limitations for outdoor music. The constituent is aware of this and believes it is not enough. He requested a meeting with Council Member Mano and Planning staff to go over his concerns. At the time this memo was written, the meeting was still being set up. Staff recommends that the Council continue the public hearing to a future Council meeting in case potential amendments to the draft ordinance come out of that meeting. The following information was provided for the July 20 work session briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed on a proposal to that would remove the special exception process from the zoning ordinance. The purpose of this proposal is to amend the zoning ordinance related to special exceptions to accomplish the following: Simplify the zoning ordinance by updating regulations and eliminating special exceptions Reallocate staff resources away from processing land use applications that favor individual properties and toward updating overall zoning codes to align with adopted master plans Increase predictability and reduce neighbor conflicts that are created by requests for exceptions to the zoning regulations for single parcels A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures. Common examples of special exceptions include requests for exceptions to the maximum height requirements for buildings and fences, additions to existing buildings that do not comply with current setback requirements, grade changes over four feet in height, legalization of dwelling units when there is no record of the unit be permitted, and modifications to building bulk requirements in historic districts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission depending on location/designation of the property. The Planning Commission forwarded a positive recommendation to the City Council. Policy Questions 1. The Council may wish to ask if this change will enable planning staff to process other initiatives more quickly, and how this staff time would be coordinated with the positions added in the FY 22 budget process. Page | 4 2. Given the breadth of these changes and City-wide nature, the Council may wish to discuss with planning staff how public feedback was sought and incorporated, and whether additional public process is concluded. Public Process The proposed text amendment went through the required public process outlined in City Code See pages 2-3 of the transmittal letter for details. Early engagement period ran from August 13 to October 10, 2020 o The public information document was posted on the Planning Division website o Notice sent to all recognized organizations, AIA Utah, and the Planning Divisions email list Planning Commission held a work session on September 30, 2020 Historic Landmark Commission virtual public hearing on November 5, 2020 o HLC adopted a motion recommended that the City Council adopt the proposal Planning Commission virtual public hearing on November 18, 2020 o PC unanimously adopted a motion recommending that the City Council adopt the proposal During the public process, Planning staff reached out to the Utah chapter of the American Institute of Architects (AIA) and Rocky Mountain Power (RMP), in addition to all recognized organizations. RMP provided suggestions to the proposal. ADDITIONAL INFORMATION Definition (21A.52.020): A "special exception" is an activity or use incidental to or in addition to the principal use(s) permitted in a zoning district or an adjustment to a fixed dimension standard permitted as exceptions to the requirements of this title of less potential impact than a conditional use but which requires a careful review of such factors as location, design, configuration and/or impacts to determine the desirability of authorizing its establishment on any given site. Purpose Statement (21A.52.010): The planning commission or historic landmark commission may delegate its authority as necessary to the planning director to make a determination regarding special exceptions. The planning director may approve the special exceptions authorized by this title in accordance with the procedures and standards set out in this chapter and other regulations applicable to the district in which the subject property is located. Budget /Staffing Impact Pages 2-3 of the transmittal letter outlines the budgetary and staffing impact of the proposed amendments. Below are some of the key info taken from that section. If adopted, revenue from application fees would decrease approximately $43,000.00 o application fee of ($265) x average number of applications submitted annual (156) Approximately 150 applications for special exceptions are received each calendar year. The application fee is $265.00. Eliminating this process would result in significant staff time savings. See calculation summary in the following two sections: Typical Special Exception Process Page | 5 o The processing time for a typical special exception is about17 hours. The cost to process the applications is determined primarily by the hours of staff needed. the cost to the city is between approximately $460.00 and $575.00 depending on the classification of the planner processing the application. The application fee covers between 48-57% of the cost. Special Exception that Requires Planning Commission or Historic Landmark Commission Review o Average processing time for special exceptions that require approval by the Planning Commission or Historic Landmark Commission is approximately 52 hours. Staff hour cost is between $1,370.00 and $1,765.00 which is 5-6.6 times the application fee. The application fee only covers between 15% and 52% of the cost to process which means that the rest of the cost is subsidized by the city. Summary of Proposed Changes Currently there are 42 special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each of them being either deleted, permitted, or authorized through a different process in the zoning ordinance. The list below uses a color code to easily identify the proposed changes for each item. Process to be Permitted (see items in the list below in blue) Most special exceptions do not generate public input and either require no conditions of approval or require consistent conditions of approval regardless of the property location. The special exceptions that fall into this category will be allowed by right and some of them will have specific qualifying provisions Processes Proposed to be Eliminated (see items in the list below in red) These exceptions are being eliminated because they make up the bulk of denied special exceptions requests, there are other processes to address the exception already in the zoning ordinance, or due to the high level of controversy that are generated by the exceptions. Proposed Changes that Generated Public Input (see items in the list below in green) The Planning Division identified some special exceptions that have generated public input during the process, as potentially impactful and the Planning Commission asked for more detailed information those items. See pages 23-25 Planning Commission Staff report for full discussion on these items: Historic Landmark Commission would retain authority to make modifications to dimensional requirements through existing processes in 21A.34.020 Historic Preservation Overlay District. Ground mounted utility boxes will be required to be on private property when serving individual developments. Accessory building heights would be able to increase slightly up to a district specific maximum with increased setbacks. Outdoor dining would be permitted with qualifying provisions intended to reduce the impact when next to residential zoning districts, including a setback from the shared property line and time limitations for outdoor music. Front yard parking would be allowed for residential uses only when no other yard is accessible for parking and there is no option for an attached garage. Page | 6 Inline additions would be allowed to follow existing building lines in front and rear yards. In side yards, an inline addition would be allowed to extend an existing wall that doesn’t met setbacks up to 25% of the length of the wall. In commercial zoning districts, building height would be allowed to be increased by up to 10% if the lot is sloped, the increased height is not creating an additional habitable, upper level to the building, and at least 50% of the building complies with the height requirement. Zoning districts where vintage signs can be used as art are expanding to include the following zoning districts: CSHBD-2, FB-UN2, FB-UN3, FB-SC, FB-SE, and TSA. Vintage signs as art is already authorized in the D-1, D-2, D-3, D-4, G-MU, and CSHBD1 zoning districts. The following is a simple summary of the proposed changes. The change for each item is identified as either; deleted/no longer authorized, permitted with some qualifying provisions, or permitted/authorized through a different process. (Attachment A of the November 18, 2020 staff report for the Planning Commission) 1. Additional Accessory structure height: increased height (up to 75% of the principal structure) allowed with increase in setbacks 2. Accessory structures on double frontage lots: standards added to match location of accessory buildings of the block. 3. Additional height for fences: removed exception process, sets maximum heights. 4. Additional building height in commercial districts: deleted special exception; standards added to allow 10% increase on sloping lots. 5. Additional height in foothill districts: deleted special exception 6. Additional height in R-1, R-2, SR districts: deleted special exception 7. Alternative to off street parking: deleted 8. Barbed wire fences: standards added, restricted to industrial and agricultural zones and for land uses that require added security, such as public utility facilities. 9. Conditional home occupations: deleted. This was changed several years ago to permitted but was not deleted from the special exception chapter. 10. Dividing exiting lots with existing detached dwellings: allowed through the subdivision process with standards added. 11. Front yard parking: Standards added to allow front yard parking in very limited instances. 12. Grade changes over 4 feet: will become permitted with a step between retaining walls necessary to retain the grade change. 13. Ground mounted AC units, pool equipment, etc. within 4 feet of side or rear property line: standards updated to allow equipment in additional situations when there is no impact, or the equipment is screened. 14. Hobby shop, art studio, exercise room in accessory buildings: deleted, will become permitted. 15. Inline additions: permitted to match the existing building setback in front and rear yards; allowed in a limited manner in side yards. 16. Home day care: will become permitted or conditional based on Utah Code requirements for number of kids. 17. Outdoor dining in required yard: will be permitted with specific standards for setbacks, noise, etc. when next to residential zone. 18. Razor wire fencing: limited to industrial and agricultural zones and some uses that require a high level of security. 19. Replacement of noncomplying building or portion of a noncomplying building: allowed by right within the noncomplying chapter of the zoning ordinance. 20. Underground encroachments: permitted in the encroachment table with standards. 21. Window mounted AC units: deleted special exception, will be permitted. 22. Vehicle and equipment storage in CG, M1, M2, EI: permitted with specific standards for water quality and to reduce mud, dirt, gravel being carried onto public streets. Page | 7 23. Ground mounted utility boxes: prohibited in the public right of way unless the box serves a broader area than just a private development and with specific standards; location requirements on private property added. Size limitations deleted. 24. Unit legalizations: will be addressed as a determination of nonconforming use in chapter 21A.38. Standards related to continuing use maintained. Other standards that require update to parking standards deleted. 25. Vintage signs: Changed to permitted with existing standards in the ordinance, expanded where a vintage sign could be used as public art. 26. Additional height for lights at sports fields: changed to permitted with screening of light trespass, increased setback from residential uses. 27. Recreation equipment height in OS zone: capped at 60 feet in height with no exceptions. 28. Public utility buildings in OS zone: will be allowed to exceed building height for critical public utility infrastructure. Does not include office buildings. 29. Fence and wall height over 6 feet for homeless resource centers: Planning Commission will be given the authority to approve taller fences for buffering purposes. 30. Enlargement of structure with noncomplying use: allowed by right provided the addition complies with zoning requirements. 31. Horizontal inline additions: permitted to match existing portions of buildings that do not meet setback when the addition is in the front or rear yards, with limited application in side yards. 32. Alteration to an existing SFD [single family dwelling] when the use is not allowed: alterations will be permitted. 33. Amateur HAM radio antennae over 75 feet in height: special exception deleted. 34. Electrical equipment for cell towers: will need to be in a side or rear yard with specific setback and screening requirements. 35. Electrical security fences: permitted with updated qualifying provisions. 36. Covered ADA ramps: deleted, will be addressed through a reasonable accommodation authorized under federal laws. 37. Ground mounted utility boxes over a certain size in the right of way: will be deleted and required to be located on private property when serving individual developments. 38. Front yard parking for SFD when side or rear yard not accessible: deleted and will be allowed in very limited instances. 39. Parking exceeding the maximum: deleted. Will be addressed through proposed changes to parking ordinance. 40. Alternative parking requirements: deleted. Will be addressed through proposed changes to parking ordinance. 41. Commercial signs in historic districts: delete special exception requirement; will be authorized through existing processes in the Historic Preservation Overlay. 42. HLC bulk modifications: delete special exception requirement: will be authorized through existing processes in the Historic Preservation Overlay. SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174 PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS MEMORANDUM To: Nick Tarbet CC: Mayor Erin Mendenhall, Rachel Otto, Lisa Shaffer, Blake Thomas, Orion Goff, Michaela Oktay, Cindy Gust -Jenson, Jennifer Bruno From: Nick Norris, Planning Director Date: August 26, 2021 Re: City Council request for options related to outdoor dining regulations under consideration as part of Petition PLNPCM2020-00606 Removing Special Exceptions from the Zoning Code On August 17, 2021 the City Council held a public hearing regarding a zoning text amendment that would remove special exceptions from the zoning code. After the public hearing, the City Council adopted a motion to continue the item to a future date and requested options to address the impacts of outdoor dining on adjacent residential land uses. Based on meetings with the City Council members and input from some residents, the primary issue being considered is noise associated with the outdoor dining. Current Regulations: Outdoor dining is permitted in the buildable area for any food serving establishments. The buildable area is the area on a lot that is created after the minimum setbacks of a lot are applied. The buildable area is the area of a lot where a principal building can be built after the required setbacks are applied. In most zoning districts, outdoor dining is currently allowed by right without special exception approval in a required landscaped yard or buffer yard area. In the RB, CN, MU, R-MU, RMU-35, and the RMU-45 Zones and for noncomplying food serving establishments special exception approval is required for outdoor dining located in a required yard or buffer yard area. The zoning code includes buffer yard requirements for most mixed use residential and commercial zoning districts that also are appliable to new requests or expansions for outdoor dining:. The buffer yards vary in dimension, with less intense zoning districts requiring smaller buffer yards and more intense zoning districts requiring larger buffer yards. The buffer yards all require the following elements to achieve the purpose of reducing impacts: One shade tree for every 30 feet of landscape buffer. A continuous row of shrubs to form a hedge along the entire length of the buffer with shrubs that reach a mature height of at least four feet in height. A solid fence between four and six feet in height, depending on the zoning district. The table on the following page provides a summary of the current yard and landscape buffer yard requirements for zoning districts that require a special exception. Page 2 Table of Required Yards for Zoning Districts that Require a Special Exception for Outdoor Dining when Located in a Required Yard Side yard setback Rear yard setback Landscape buffer yard when adjacent to residential zone RB 6 feet 25% of lot depth but not greater than 30 feet None required RMU-35 10 feet 25% of lot depth but not greater than 30 feet 10 feet RMU-45 10 feet 25% of lot depth but not greater than 30 feet 10 feet RMU none 25% of lot depth but not greater than 30 feet 10 feet CN 10 feet 10 feet 7 feet MU None 25% of lot depth but not greater than 30 feet 10 feet There are 22 zoning districts that allow restaurants and similar uses and that have at least one property that is adjacent to a residential zone (for the purpose of this memo, a residential zone is any FR, R, SR, and RMF zoning district because they do not otherwise allow restaurants). Out of those 22 zoning districts, 14 have either a side yard, rear yard, or both side and rear yard setbacks that are 10 feet or less. The other 8 zones have larger setbacks. That is mostly because the eight zones with larger setbacks also allow taller buildings and the larger setbacks are intended to reduce the impact of the height, not necessarily an accessory use that occurs within the setback. A summary of the setbacks is at the end of this memo. Proposed Regulations Removing special exceptions from the code does require modifications to the outdoor dining regulations to reduce the impacts that outdoor dining may have on adjacent properties. The goal is to reduce and impact so it does not become a nuisance. Noise is considered a nuisance once it reaches a certain decibel level. Noise that below the established decibel level is considered an acceptable level of impact. It is unreasonable to expect any land use not to generate some noise, which is why the Salt Lake County Health Department has established certain thresholds in a countywide Noise Ordinance and Salt Lake City has adopted the same regulations. The proposal involved with the removal of special exceptions from the zoning code only impacts the RB, RMU-35, RMU4, RMU, MU and CN zoning districts and nonconforming food serving establishments. In all other zoning districts outdoor dining is already allowed in a required yard without the need for special exception approval. The proposed regulations require a 10-foot setback for outdoor dining when located in a side or rear yard adjacent to a residential zoning district that doesn’t otherwise allow food serving establishments. This setback would apply to all outdoor dining situations where the outdoor dining is adjacent to residential, not just those situations where a special exception is required. The other outdoor dining regulations were modified to clearly identify where outdoor dining could be located on a lot, to ensure compliance with landscape buffer yards and allowed encroachments are complied with, that smoking be prohibited within 25 feet of an adjacent property, and that music be prohibited between 9:00 pm and 9:00 am. The current code references compliance with the Page 3 environmental performance standards in the code, but that reference is not necessary because all land uses are required to comply with those standards. The environmental performance standards include air quality, waste and refuse, noise, and other similar regulations that are enforced by other entities. How the proposed regulations were determined Recent special exception approvals for outdoor dining have consistently applied a 10-foot setback when outdoor dining is next to a residential zoning district. One proposal from 2020 in the avenues asked for an outdoor dining in a side yard with a smaller setback. The Planning Commission did not allow a reduced setback in that instance. The Planning Division also considered the 2013 action by the City Council to modify the outdoor dining regulations. Modifications adopted at that time included a standard that says the outdoor dining shall be located where it is likely to have the least adverse impact on adjacent properties. This is a difficult standard to enforce, primarily because it is subjective and cannot really be determined until after the outdoor dining exists. The Planning Division considered this standard and added measurable regulations to remove the subjectivity and vagueness. The Planning Division also considered the setbacks of the underlying zoning districts where outdoor dining requires a special exception. Setbacks are intended to reduce the impacts that development has on adjacent properties. Under current regulations if outdoor dining is in the buildable area, no special exception is required for outdoor dining. The 10-foot setback in the proposal is consistent with the side yard setback in the underlying zoning district. The proposed 10-foot setback for outdoor dining is equal to or larger than the side yard setback of the zoning districts where a special exception is currently required. This at least maintains or decreases the impact outdoor dining has when next to residential zoning districts. The R-MU and MU zoning districts would see the setback go from zero to 10 feet. The RB zoning district would see the setback increase from 4 to 10 feet. The side yard setback (and buildable area) would stay the same in the RMU-35, RMU-45, and CN zoning districts, which maintains the current regulation where no special exception would be required. The rear yard requirement in the zones where a special exception is currently required vary more than the side yard setback does. In the RB, RMU-35, RMU-45 and RMU zones the rear yard setback is 25% of the lot depth up to a maximum of 30 feet. The 10-foot rear yard setback for outdoor dining was proposed to provide some flexibility for use of rear yards while still having some separation from residential uses and to recognize that the impacts in the side yard are similar to the impacts outdoor dining would have in a rear yard. It should also be noted that the RB, MU, RMU-35, RMU-45, and RMU zones also require a 10-foot landscaping buffer when located next to a residential zoning district. That also factored into the proposed 10-foot setback for outdoor dining. The CN zoning district requires a 10-foot rear yard setback. This matches the proposed setback for outdoor dining and respects the fact that under current regulations outdoor dining could be 10 feet away from a rear property line without special exception approval. Even if the proposal were not adopted, no special exception would be required if outdoor dining was placed 10 feet or more from a rear property line because the outdoor dining would be in the buildable area. Required landscaped buffer yards were also considered when crafting the outdoor dining setbacks. The landscape buffer yard requirements vary by zoning district. The width of the buffer, the number of trees, and number of shrubs required in the landscape buffer increases with the intensity level of the zoning district. Page 4 The RB zone does not require any landscaping buffer. The MU, RMU-35, RMU-45, and RMU zoning districts require a 10-foot landscaped buffer, which matches the proposed setback for outdoor dining. The CN zoning district requires a 7-foot landscaped buffer. The proposed outdoor dining would not impact this requirement and would add 3 additional feet of setback, although the additional 3 feet would not be required to be landscaped. Furthermore, as there are 22 zoning districts in the city that have some properties that are adjacent to a residential use, the setback helps decrease the instances where conflicts might occur if outdoor dining were placed at a shared property line between a restaurant and a residential zoning district. This was intentionally considered so the zoning regulations are more equitably applicable to similar situations across all zoning districts where the adjacency may occur. Options The City Council specifically asked the Planning Division to provide options to reduce impacts outdoor dining has on adjacent residential uses. Options related to eliminating outdoor dining were not included due to the widespread impact doing so may have. There are four options that the Planning Division analysis shows would reduce impacts, particularly impact related to noise. 1. Leave the proposed standard as is. 2. Increase the landscape buffer to match the 10-foot setback in zoning districts where the required landscape buffer is less than 10 feet. 3. Increase the setback for outdoor dining. 4. Require a conditional use when outdoor dining in a side or rear yard is adjacent to a residential zoning district that doesn’t otherwise allow food serving establishments. 5. Limit the size of the outdoor dining area in a side or rear yard. 1. Leaving the proposed standard as is The current standard is based on the history of special exception approvals for outdoor dining and the setbacks of zoning districts that allow food serving establishments that may have outdoor dining. There are 22 zoning districts that allow restaurants and similar uses and that have at least one property that is adjacent to a residential zone (for the purpose of this memo, a residential zone is any FR, R, SR, and RMF zoning district because they do not otherwise allow restaurants). Out of those 22 zoning districts, 14 have either a side yard, rear yard, or both side and rear yard setbacks that are 10 feet or less. The other 8 zones have larger setbacks. That is mostly because the eight zones with larger setbacks also allow taller buildings and the larger setbacks are intended to reduce the impact of the height, not necessarily an accessory use that occurs within the setback. The current outdoor dining regulations reflect this. Under the current regulations, in zoning districts with a setback that is 1o feet or less, a special exception for outdoor dining is not required because the outdoor dining would be in the buildable area. The proposed regulation increases the required setback in zoning districts that have a setback that is less than 10 feet and recognizes that the impact from outdoor dining is the same regardless of the intensity level of the zoning district and a step towards creating more equitable buffers for residential uses that are adjacent to restaurants, coffee shops, and cafes. This option would likely have the fewest unintended consequences because it matches the typical setback that is placed on outdoor dining in a side or rear yard adjacent to residential Page 5 zoning districts. The setback was also placed in the Mayor’s Emergency Declaration relating to outdoor business activity and part of the temporary land use regulations the City Council adopted earlier this year and that are still in effect. The concern that has been raised by some is that their privacy is impacted by restaurants and similar uses when they live next door. Noise nuisances are already addressed in city code and do not need to be further addressed in this proposal. Nuisance enforcement does place the expectation on the neighbors to contact the city and/or the Salt Lake County Health Department and an expectation that these entities will follow up on the complaints. The City must rely on the Salt Lake County Health Department in terms of responding to complaints and relaying information regarding the presence of a violation. Salt Lake City Civil Enforcement would not be able to act on a complaint without evidence of a violation and they are not equipped to enforce the noise ordinance. It should also be acknowledged that noise disturbances must be over a certain decibel level to be considered a violation of the noise ordinance. A neighbor may be impacted by noise but if the noise is below the allowable thresholds, it is not considered a violation. 2. Increase the landscape buffer requirement This option would require a landscape buffer of a minimum of 10 feet. Some zoning districts do not require a landscape buffer, some require a buffer that is less than 10 feet, and some require a buffer larger than 10 feet. The CN zoning district, which is the district adjacent to the residential uses that are raising the issue requires a minimum 7-foot landscape buffer. Adding additional landscaping could reduce noise, but it is likely going to be a minimal decrease in the CN zoning district but would be a larger decrease in zoning districts that do not require a minimum landscape buffer. This option would increase that by three feet for outdoor dining. Buffer yard requirements are intended to reduce noise and visual impacts. It should be noted that this option does create landscape buffer yard requirements in multiple sections of the code, which creates confusion, increases the likelihood of a regulation being missed by an applicant or by city staff, and makes the code harder to update in the future. 3. Increase the setback for outdoor dining This option would require a larger setback, such as 15 or 20 feet. Doing so would reduce noise, but the reduction is likely to be minimal and similar to increasing the landscape buffer. This option may carry a high risk of unintended consequences. Increasing the setback may create new non-complying and nonconforming issues because some existing and permitted outdoor dining may be located closer than an increased setback. This potentially creates issues if the restaurant wants to make any changes. An example of this would be a restaurant wanting to add a patio cover over the outdoor dining, which may be prevented by an increased setback. Older buildings with odd spaces are spaces where new businesses frequently get their start because older buildings tend to be more affordable. Older buildings frequently have smaller yards because they were built prior to current zoning requirements. Adding larger setbacks may make outdoor business activity impossible because an increased setback may be larger than existing yards or make it impractical to add any outdoor activity because the resulting yard space may be too small. The larger setback may make these spaces unfeasible for small businesses that may rely on the yard space to reach a critical threshold of customers. In essence, the zoning district may allow the use, but yard Page 6 requirements may essentially prohibit the use. With fewer feasible uses, older buildings may sit vacant for longer periods of time and the odds of those buildings being demolished or turning into nuisances increases. This reduces the spaces available to small businesses and could be considered contrary to city goals. 4. Require a conditional use for outdoor dining when in a side or rear yard next to a residential use This option would provide the neighbors the ability to identify detrimental impacts, including noise, that are reasonably anticipated and give the Planning Commission the ability to apply conditions to reduce the impact. It adds time and expense for applicants and tends to set false expectations that neighbors objections can result in a denial. It also requires city resources to process. But it would allow a more site-specific approach to the address impacts and does not carry a high risk of unintended consequences and provides notice to neighbors regarding nearby proposals. The types of mitigation conditions that are typically applied to similar conditional uses include solid fences and increased landscape. The fence helps deflect some noise while the increased landscape helps soften the noise. Applying conditions on larger properties is usually not an issue. However, on smaller properties it creates similar issues to those identified with option 3. Under a conditional use the impact would not have to be eliminated, only reduced. If an impact can be reduced, the city would be obligated to approve the conditional use. 5. Limit the size of the outdoor dining area. The total square footage of outdoor dining area could be capped. A cap would limit the square footage of the outdoor dining area. Limiting the number of people would be challenging to enforce, so it should not be considered. Any cap would be somewhat arbitrary, as it is impossible to study an outdoor dining area and measure sound of different sized areas. This would also require limiting the outdoor dining square footage within the buildable area, which has not been analyzed and businesses have not been made aware of such a change. On smaller lots, this is somewhat already determined by the size the lot and how the lot is developed. One of the properties with outdoor dining that has been identified as impactful has an outdoor dining area that is about 400 square feet, which is small enough that the current code does not require any additional parking for. The outdoor dining area covers approximately 10% of the lot. If 10% lot coverage is too high of an amount, it is difficult to find a standard that would reduce the impact. Planning Division Recommendation Based on the public input received, the Planning Division is recommending the City Council consider the following changes to the proposal: Require the entire 10-foot setback in the side or rear yard to be landscaped to the level required for landscape buffers as stated in 21A.48, even if 21A.48 requires a smaller landscape buffer yard. Clarify that the outdoor dining regulations apply only to outdoor dining on the ground and does not apply to roof top dining, which is required to comply with the building standards of the underlying code. Page 7 Below is how the updated code would read. Recommended changes are either double underlined or include a double strike-through. The changes add clarity to paragraph A, clarifies that the landscape buffer shall be increased to at least 10 feet if 21A.48 does not require at least a 10 foot landscape buffer, and clarify that this section does not apply to rooftop uses. 21A.40.065: OUTDOOR DINING: “Outdoor dining”, as defined in cChapter 21A.62 of this title, shall be allowed within the buildable lot area, in all in any zoning districts where such restaurant and retail uses are allowed, as either a permitted or conditional use. Outdoor dining in the public way shall be permitted subject to all City requirements.subject to the provisions of this section: A. Where allowed: 1.Within the buildable lot area, unless the buildable area is less than 10 feet from a side or rear property line next to a residential zoning district that does not permit restaurants or retail uses, in which case the outdoor dining shall be set back a minimum of 10 feet from the property line. 2.Within a required or provided front or corner side yard provided the outdoor dining is setback a minimum of 10 feet when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section. 3.Within a required side yard provided: the outdoor dining is setback a minimum of 10 feet when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section. 4.Within a required rear yard provided the outdoor dining is setback a minimum of 10 feet when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section. 5.Within a public right of way or an adjacent public property subject to all applicable lease agreements, applicable regulations, and the outdoor dining design guidelines. B. Outdoor dining is allowed within the required landscaped yard or buffer area, in commercial and manufacturing zoning districts where such uses are allowed. Outdoor dining is allowed in the RB, CN, MU, R-MU, RMU-35 and the RMU-45 Zones and for nonconforming restaurants and similar uses that serve food or drinks through the provisions of the special exception process (see chapter 21A.52 of this title). All outdoor dining shall be subject to the following conditions: A1. All applicable requirements of cChapter 21A.48 and sSection 21A.36.020 of this title are met. Any landscape buffer required by 21A.48 shall be increased to a minimum of 10 feet if the requirement in 21.48 is less than 10 feet adjacent to the outdoor dining area. B2. All required business, health and other regulatory licenses for the outdoor dining have been secured. C3. A detailed site plan demonstrating the following: Page 8 1a. All the proposed outdoor dining activities will be conducted on private property owned or otherwise controlled by the applicant and that none of the activities will occur on any publicly owned rights-of-way unless separate approval for the use of any such public rights-of-way has been obtained from the Ccity; 2. The location of any paving, landscaping, planters, fencing, canopies, umbrellas or other table covers or barriers surrounding the area; 3. The proposed outdoor dining will not impede pedestrian or vehicular traffic; and 4b. The main entry has a control point as required by Sstate liquor laws. D4. The proposed outdoor dining complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for property. E5. Live music will not be performed, nor loudspeakers played in the outdoor dining area unless the decibel level is within conformance with the Salt Lake City noise control ordinance, tTitle 9, cChapter 9.28 of this Ccode. Live music and loudspeakers are prohibited outside between the hours of 9:00 pm and 9:00 am when the property is adjacent to a residential zoning district. F6. No additional parking is required unless the total outdoor dining area ever exceeds five hundred (500) square feet. Parking for outdoor dining areas in excess of five hundred (500) square feet is required at a ratio of two (2) spaces per one thousand (1,000) square feet of outdoor dining area. No additional parking is required in the D-1, D-2, D-3, D-4, TSA, or G-MU Zone. Outdoor dining shall be by considered an expansion of the use for the purpose of determining if additional parking is required as stated in Chapter 21A.44 (Parking). G7. Smoking shall be prohibited within the outdoor dining area and within twenty five25 feet (25’) of the outdoor dining area. H. The proposed outdoor dining complies with the environmental performance standards as stated in section 21A.36.180 of this title. I. Outdoor dining shall be located in areas where such use is likely to have the least adverse impacts on adjacent properties. 8. These outdoor dining regulations do not apply when the outdoor dining is proposed on the roof or balcony above the ground level of the building. Page 9 Setback and Landscape Buffer Requirements The following table is a summary of the side, rear, and landscape buffer yard requirements in zoning districts that allow restaurants and have at least one property in the zoning district that is adjacent to a residential zoning district. No changes are proposed to any of these requirements. Zoning District Side Yard Rear Yard Landscape Buffer Yard RB 6 feet 25% of lot depth but not greater than 30 feet None required RMU-35 10 feet 25% of lot depth but not greater than 30 feet 10 feet RMU-45 10 feet 25% of lot depth but not greater than 30 feet 10 feet RMU none 25% of lot depth but not greater than 30 feet 10 feet RO None None 10 feet CN 10 feet 10 feet 7 feet CB None 10 feet 7 feet CC None 10 feet 7 feet CS 15 feet 30 feet 15 feet CSHBD2 None None 7 feet CG 10 feet 10 feet 15 feet TSA zones (all zones) 25 feet adjacent to residential 25 feet adjacent to residential 10 feet M-1 None None 15 feet D2 15 feet adjacent to residential 25 feet adjacent to residential 7 feet D3 None None 7 feet FB-SE 25% of lot width up to 25 feet when adjacent to residential 25% of lot width up to 25 feet when adjacent to residential 7 feet FB-UN2 15 feet adjacent to residential 20 feet when adjacent to residential 7 feet MU None 25% of lot depth but not greater than 30 feet 10 feet 633 Seventeenth Street, Suite 3000, Denver, CO 80202-3622 Telephone: 303.297.2900 Fax: 303.298.0940 www.shermanhoward.com 53632056.2 Melissa Kerin Reagan Sherman & Howard L.L.C. Direct Dial Number: 303.299.8310 E-mail: mreagan@shermanhoward.com August 13, 2021 VIA E-MAIL Salt Lake City City Council 2001 South State Street, N2-200 Salt Lake City, UT 84114-4575 Email: council.comments@slcgov.com Re: Salt Lake City – Ordinance: Text Amendment Eliminating the Special Exception Process from the Zoning Ordinance Dear City Council Members: We serve as counsel to Verizon Wireless. We appreciate the opportunity to provide comments on and participate in Salt Lake City’s proposed text amendment eliminating the Special Exception Process from the Zoning Ordinance, specifically the removal of the special exception for Ground Mounted Utility Boxes (“GMUBs”). Verizon Wireless corresponded with representatives of the City’s staff including Chris Norlem, Construction Program Manager, Kimberly Chytraus, Assistant City Attorney, and Mark Stephens, Engineering, to discuss the proposed ordinance. Based on these correspondence and meetings, it is Verizon Wireless’s understanding that it is the City’s intent to allow wireless service providers to deploy GMUBs in the public right-of-way without going through the special exception process as they provide a service to the broader neighborhood as set forth in Section 21A.40.160.C.3 (page 862 of the Meeting Packet). Overall, Verizon Wireless agrees with the proposed ordinance and changes for the GMUB process as it will help wireless service providers in their deployment while aligning with the City’s objectives to try and minimize the amount of equipment in the right-of-way and provide for better aesthetics. Further, it eliminates the height limitations for GMUBs, which allows wireless providers to meet Rocky Mountain Power’s requirements. Verizon Wireless proposes a few minor redlines to the draft ordinance section on GMUBs to clarify and align with the City’s intent. A copy of the proposed redlines are attached to this letter. First, Verizon Wireless proposes adding headers to Sections 21A.40.160.C.1-4. This will clarify the types of properties/parcels the Code refers to when discussing where GMUBs can be deployed. Second, Verizon Wireless proposes to clarify in Section 21A.40.160.C.3. that it is not Salt Lake City City Council August 13, 2021 Page 2 53632056.2 limited to providing a “utility service”, but it also includes wireless services and other telecommunications services. Wireless service providers are not considered or regulated as a utility provider. Verizon Wireless appreciates Salt Lake City’s efforts to enact regulations that provide for a more streamline process for wireless providers, are reasonable for implementation, and which are fair to all stakeholders. Verizon Wireless representatives will attend the City Council meeting on Tuesday, August 17 and available to answer any questions you may have. Thank you. Sincerely, Melissa K. Reagan Encl. cc: Ms. Kimberly Chytraus (via email) 53612030.1 areas, shall be considered as a reasonable accommodation under applicable federal regulations. SECTION 34. Amending the text of Salt Lake City Code Section 21A.40.160 (Ground Mounted Utility Boxes) as follows: 21A.40.160: GROUND MOUNTED UTILITY BOXES: A. Purpose: Utility infrastructure provides a necessary service to the community. The regulations of this section are intended to allow for ground mounted utility boxes while reducing the negative impacts they may create. B. Compliance With Regulations Required: All ground mounted utility boxes shall be subject to the regulations of this section and any applicable requirement in Title 21A, unless exempted within Section 21A.02.050 of this title and any applicable adopted code and regulation. The location and access for maintenance of all required utility infrastructure is subject to approval by the utility provider and complying with all applicable adopted codes and regulations. No construction shall be undertaken without the applicable city permits and public way permits. C. Location: Ground mounted utility boxes shall be located as required by this section. 1.Private Property or Parcel. On the subject parcel or an adjacent parcel when part of new construction or as an addition to an existing building that requires additional utility service subject to the following standards: a. Rear and Side Yards: the ground mounted utility box shall be located a minimum of one foot from a side or rear property line. b. Front and Corner Side Yards: The ground mounted utility box shall be located within 5 feet of the building façade when located in required or provided front or corner side yard and at least one foot from a front or corner side yard property line. Utility boxes in a front or corner side yard shall be screened by a wall, fence, or hedge of at least equal height not to exceed the maximum height for a wall or fence allowed in the applicable yard. c. Ground mounted utility box(es) may be placed in a required landscaped yard if screened by a wall, fence or hedge of at least equal height not to exceed the maximum height for a wall or fence allowed in the applicable yard. d. If proposed on an adjacent parcel, an easement shall be provided for the utility boxes and associated equipment along with consent from the owner of the adjacent parcel. 2.Public Right of Way – Single Property or Parcel. In a public right of way if each of the following criteria are satisfied: a. There is an existing building on the subject property that is located in a manner that prohibits the placement of required utility infrastructure on the property; 53612030.1 b. There is no existing front yard, corner side yard, interior side yard, or rear yard of sufficient size to accommodate ground mounted utility box(es) and access for maintenance, as required by the utility provider, of the box(es) within the yard. A right of way may be used to accommodate necessary working space; c. There is not an alley adjacent to the subject property that provides sufficient access as required by the utility provider to a yard of sufficient size to accommodate ground mounted utility box(es). If the alley is not a public alley, necessary permissions and easements must be provided; d. The existing utilities are not being relocated to support an expansion of the use or building or for any new use or accessory use on the property; e. The ground mounted utility box will not negatively impact any existing or planned public improvement within the right of way; f. The ground mounted utility box is located at least 10 feet away from any tree in the right of way; g. The ground mounted utility box(es) comply with all requirements of Chapter 14.32 or its successor; and h. The applicant has provided to the city and the utility provider the dimensions and space requirements necessary for the utility needs, as determined by the utility provider, of the proposed development. 3. Public Right of Way – Broader Neighborhood. In a public right of way when the ground mounted utility box is necessary to provide utility service, wireless service, or other telecommunications service to the broader neighborhood, the location is consistent with any legal agreement between the utility provider and the city, and the proposed utility box complies with all applicable regulations. 4. Public Right of Way – Permit Issuance. The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and Title 14, Chapter 14.32 of this code. D. Materials: All ground mounted utility boxes shall consist of high quality material such as stainless steel or other durable painted or colored material. The finish shall be a neutral color such as dark or light green, beige or gray or color similar to utility boxes within the vicinity and coated with a graffiti resistant treatment. E. Post installation Obligations: All ground mounted utility boxes and any related screening materials shall remain the service provider’s responsibility to keep in a state of good visual quality and repair. 1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall also comply with all conditions as set forth in the service provider’s/owner’s franchise agreement with the city. If the terms of any franchise agreement conflict with the provisions of this title, the ordinance regulations shall prevail and govern. 2. Discontinued Use: If the service provider/owner of a ground mounted utility box in the public right of way discontinues the use or has no defined need for said box, it is that service provider’s/owner’s sole responsibility to remove the box and all associated conduit and wiring at its own expense in compliance with all engineering division requirements. 53612030.1 3. Required Contact Information: A service provider shall place a permanent notice on the box containing the service provider’s name and telephone number for the purpose of notification in the event of graffiti or damages to the equipment. 4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in reasonably good repair in a clean, safe and level condition. “Level condition” shall mean not tilting greater than 15° from plumb. A service provider shall repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. SECTION 35. Amending the text of Salt Lake City Code Section 21A.44.090 Modification to Parking Areas as follows: 21A.44.090: MODIFICATIONS TO PARKING AREAS: Applicants requesting development permits or approvals may request adjustments to the standards and requirements in this Chapter 21A.44: Off Street Parking, Mobility, and Loading, and the city may approve adjustments to those standards, as described below. A. Authority to Approve Modifications: The planning director or transportation director may approve the following types of modifications provided that the Director determines that the adjustment will not create adverse impacts on pedestrian, bicycle, or vehicle safety and that the adjustment is required due to the nature of the site and the surrounding context (such as shape, topography, utilities, or access point constraints) and that the need for the adjustment has not been created by the actions of the applicant. B. Authorized Modifications: 1. Modification to dimensions or geometries of parking, loading, or stacking space, aisles, or maneuvering areas otherwise required by this chapter, other City regulations, or the Off Street Parking Standards Manual; provided that those modifications are consistent with federal and state laws regarding persons with disabilities, including but not limited to the Americans with Disabilities Act. 2. Modifications to bicycle parking or loading berth location or design standards. 3. Front Yard Parking: a. The lot contains an existing residential building. b. No other off-street parking exists on the site. c. No provided side yard is greater than 8 feet. If greater than 8 feet, no tree over 6 inches in caliper is present in the side yard that would necessitate the removal of the tree to locate a parking stall in the side yard or rear yard. d. The rear yard does not have frontage on a public street or public alley and the property does not have access rights across an adjacent private street or alley. e. The front yard parking complies with the following standards: 1 SALT LAKE CITY ORDINANCE No. _____ of 2021 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code to eliminate special exceptions from that title) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2020-00606 to eliminate special exceptions from the city’s zoning ordinances. WHEREAS, the Salt Lake City Planning Commission held a public hearing on November 18, 2020 to consider a petition submitted by Mayor Erin Mendenhall (Petition No. PLNPCM2020-00606) to amend portions of Chapters 21A.06 (Zoning: Decision Making Bodies and Officials); 21A.24 (Zoning: Residential Districts); 21A.26 (Zoning: Commercial Districts); 21A.32 (Zoning: Special Purpose Districts); 21A.34 (Zoning: Overlay Districts); 21A.36 (Zoning: General Provisions); 21A.38 (Zoning: Nonconforming Uses and Noncomplying Structures); 21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off Street Parking, Mobility and Loading); 21A.46 (Zoning: Signs) 21A.52 (Zoning : Special Exceptions); 21A.60 (Zoning: Defined Terms); and 21A.62 (Zoning: Definitions) of the Salt Lake City Code to modify regulations pertaining to off street parking; and WHEREAS, at its November 18, 2020 meeting, the planning commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council on said petition; and WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 2 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.06.050.C.6 as follows: 6. Review and approve or deny certain modifications to dimensional standards for properties located within an H Historic Preservation Overlay District. This authority is also granted to the planning director or designee for applications within the H Historic Preservation Overlay District that are eligible for administrative approval by the planning director or zoning administrator. The certain modifications to zoning district specific development standards are listed as follows and are in addition to any modification authorized elsewhere in this title: a. Building wall height; b. Accessory structure wall height; c. Accessory structure square footage; d. Fence height; e. Overall building and accessory structure height; f. Signs pursuant to Section 21A.46.070 of this title; and g. Any modification to bulk and lot regulations, except density, of the underlying zoning district where it is found that the proposal complies with the applicable standards identified in Section 21A.34.020 and is compatible with the surrounding historic structures. SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.2 as follows: 2. Repealed. SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.6 (Grade Changes) as follows: 6. Grade Changes: No grading shall be permitted prior to the issuance of a building permit. The grade of any lot shall not be altered above or below established grade more than 4 feet at any point for the construction of any structure or improvement except: a. Within the buildable area. Proposals to modify established grade more than 6 feet shall be permitted for the construction of below grade portions of structures, egress windows, and building entrances. Grade change transition areas between a yard area and the buildable area shall be within the buildable area; b. Within the side and rear yard areas, grade changes greater than 4 feet are permitted provided: 3 (1) The grade change is supported by retaining walls. (2) No individual retaining wall exceeds 6 feet in height. c. Within the required front and corner side yards, grade changes up to 6 feet in height are permitted provided: (1) The grade change is necessary for driveways accessing legally located parking areas; and (2) The grade changes are supported by retaining walls. SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.050.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.060.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.070.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.080.D.6 (Maximum Building Height) as follows: 6. Additional Building Height: Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay 4 District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.24.100.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 9. Amending the text of Salt Lake City Code Subsection 21A.24.110.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 10. Amending the text of Salt Lake City Code Subsection 21A.26.010.J (Modifications to Maximum Height) as follows: J. Modifications to Maximum Height: The maximum height of buildings in commercial zoning districts may be increased up to 10% on any building face due to the natural topography of the site pursuant to the following standards: 1. At least 50% of the building complies with the maximum height of the underlying zoning district; 2. The modification allows the upper floor of a building to be level with the portion of the building that complies with the maximum building height of the zone without the 10% modification; and 3. The height of the ground floor is at least 12 feet in height measured from finished floor to finished ceiling height. SECTION 11. Amending the text of Salt Lake City Code Subsection 21A.32.100.D.3 as follows: 5 3. Recreation equipment heights are permitted to a height not to exceed 80 feet when needed due to the nature of the equipment or for the use to operate safely, such as fences surrounding golf course driving ranges. SECTION 12. Amending to the text of Salt Lake City Code Subsection 21A.32.100.D as follows: D. Maximum Building and Recreation Equipment Height: 1. Lots 4 acres or less: Building height shall be limited to 35 feet; provided that for each foot of height in excess of 20 feet, each required yard and landscaped yard shall be increased one foot. 2. Lots greater than 4 acres: Building heights in excess of 35 feet but not more than 45 feet may be permitted provided, that for each foot of height over 35 feet, each required yard and landscaped yard shall be increased one foot. Building heights in excess of 45 feet up to 60 feet may be approved through the design review process and that for each foot of height over 35 feet, each required yard and landscaped yard shall be increased one foot. 3. Recreation equipment heights or heights for buildings or structures for the Salt Lake City Public Utilities Department that are not specifically exempt in Section 21A.02.050 of this title, in excess of 60 feet may be approved through the special exception process. 4. Heights for buildings or structures for the Salt Lake City Public Utilities Department that are not specifically exempt in Section 21A.02.050 of this title, are exempt from the height restrictions in this zoning district provided the building or structure is deemed by the director of the public utilities department as critical infrastructure necessary to provide specific utility needs to the public. SECTION 13. Amending the text of Salt Lake City Code Subsection 21A.32.100.H (Lighting) as follows: H. Lighting: All uses and developments that provide lighting shall ensure that lighting installations comply with the following standards: 1. Lighting is installed in a manner and location that will not have an adverse impact on the natural environment when placed in areas with wildlife habitat, traffic safety or on surrounding properties and uses; 2. Light sources shall be shielded to eliminate excessive glare or light into adjacent properties and have cutoffs to protect the view of the night sky; and 3. Light poles for outdoor uses, such as sports fields, amphitheaters, and other similar uses may be permitted up to 70 feet in height provided the lights are located a 6 minimum of 30 feet from a residential use and directed to reduce light trespass onto neighboring properties. SECTION 14. Amending the text of Salt Lake City Code Subsection 21A.34.120.G (Special Exception for Garages) as follows: G. Garages Built into Hillsides in Front or Corner Side Yards: A garage built into a hillside and located forward of the front line of the building may be allowed subject to the following standards: 1. The rear and side yards cannot be reasonably accessed for the purpose of parking. 2. Because of the topography of the lot it is impossible to construct a garage and satisfy the standards of the YCI. 3. The ceiling elevation of the garage is below the elevation of the first or main floor of the house. 4. The garage meets all applicable yard requirements. SECTION 15. Amending text of Salt Lake City Code Subsection Table 21A.36.020.B (Obstructions in Required Yards) as follows (only the identified rows and columns in the table are amended): TABLE 21A.36.020B OBSTRUCTIONS IN REQUIRED YARDS1 Type Oof Structure Oor Use Obstruction Front and Corner Side Yards Side Yard Rear Yard Below grade encroachments underground obstructions when there is no exterior evidence of the underground structure other than entrances and required venting provided there are no conflicts with any easements or publicly owned infrastructure or utilities. X X X Changes of established grade of 4 feet or less except for the FP and FR Districts which shall be subject to the provisions of Subsection 21A.24.010.P of this title. (All grade changes located on a property line shall be supported by a retaining wall.) Grade changes greater than 4 feet in height provided the grade change includes a retaining wall, a horizontal step that is a minimum of 3 feet in depth is provided for every 4 vertical feet of retaining wall. X X X 7 Laundry drying equipment (clothesline and poles) X X X Window mounted refrigerated air conditioners and evaporative “swamp” coolers located at least 2 feet from the property line. X X X Notes: 1. ”X” denotes where obstructions are allowed. 2. Reserved. 3. The accessory structure shall be located wholly behind the primary structure on the property. SECTION 16. Amending the text of Salt Lake City Code Subsection 21A.36.350.A.3.c.(3) as follows: (3) A decorative masonry wall that is a minimum of 6 feet high shall be provided along all interior side and rear lot lines and that complies with all required site distance triangles at driveways and walkways. Walls in excess of 6 feet may be required as a condition of approval of a conditional use if it determines a taller wall is necessary to mitigate a detrimental impact created by the homeless resource center or homeless shelter; SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.38.040.H.2 (Enlargement of a Structure With a Nonconforming Use) as follows: 2. Enlargement of a Nonconforming Use: Enlargement of a legal nonconforming use are limited to a one time expansion of up to 25% of the gross floor area, or 1,000 gross square feet, whichever is less and subject to the site being able to provide required off street parking that complies with any applicable parking requirement of this title. An approved expansion shall be documented through an updated zoning certificate for the property. Any expansion to the nonconforming use beyond these limits is not permitted. The expansion shall be limited to a one-time expansion after April 12, 1995, the effective date of this title. Any expansion granted as a special exception after April 12, 1995 shall be considered as fulfilling the one-time expansion. SECTION 18. Amending the text of Salt Lake City Code Subsection 21A.38.050.B (Enlargement) as follows: B. Enlargement: A noncomplying structure may be enlarged if such enlargement and its location comply with the standards of the zoning district in which it is located or as provided in this section. 1. Noncomplying as to setbacks. 8 a. Front yard: A principal building with a front yard setback that is less than the minimum required may be enlarged provided the addition does not further reduce the existing front yard setback and complies with all other applicable requirements of Title 21A. b. Corner side yards: A principal building with a corner side yard setback that is less than the minimum required may be enlarged provided the addition does not further reduce the existing corner side yard setback and complies with all other applicable requirements of Title 21A. c. Interior side yards: Additions to a principal structure with noncomplying side yard setback(s) are permitted as follows: (1) Single story additions are permitted to follow the existing setback line provided the following standards are complied with: i. The exterior wall height of the addition is equal to or less than the exterior wall height of the existing building. When a cross slope exists along the exterior wall, the interior floor to ceiling height of the addition shall match the interior floor to ceiling height of the existing building. ii. The addition may extend the noncomplying exterior wall of the building up to 20% of the length of the existing wall. This shall be a one-time addition and no further additions are permitted. (2) Two story or greater additions shall comply with the side yard setback requirement(s) and maximum wall height as specified in the underlying zone. (3) In determining if a side yard is noncomplying, the narrower of the two side yards shall be interpreted to be the narrower side yard required in the underlying zoning district. (4) All other provisions of the underlying zoning district and any applicable overlay zoning district shall apply. d. Rear yards. A principal building noncomplying to rear yard setbacks may be expanded provided the expansion follows an existing noncomplying building wall and does not result in a decrease of the existing rear yard setback and complies with side and corner side yard setbacks of the underlying zoning district. If the building does not comply with the existing side or corner side yard setback, the expansion shall be permitted to extend to the side or corner side yard setback of the underlying zone. 2. Noncomplying as to Height: A principal structure that exceeds the maximum height of the underlying zoning district may be expanded at the existing height of the building provided the setbacks of the underlying zoning district are complied with. 9 SECTION 19. Amending the text of Salt Lake City Code Subsection 21A.38.050.F (Replacement or Reconstruction of a Noncomplying Structure) as follows: F. The replacement or reconstruction of any existing noncomplying portion of a principal structure or full replacement of a noncomplying accessory structure is permitted provided the replacement is in the same location or in a location that reduces the degree of noncompliance and is of substantially the same dimension. Enlarging a full replacement of a noncomplying accessory structure is permitted provided the enlarged section complies with all setback, height, maximum square feet, and lot or yard coverage requirements. SECTION 20. Amending the text of Salt Lake City Code Section 21A.38.060 (Noncomplying Lots) as follows: 21A.38.060: NONCOMPLYING LOTS: Subdividing Lots Containing Two or More Separate Principal Buildings: Lots that contain two or more separate principal buildings on a single parcel may be subdivided to place each structure on a separate lot subject to the following provisions: A. The properties shall be subdivided by recording of a plat. B. The proposed lots are exempt from the minimum lot area, lot width, lot coverage, and street frontage requirements of the underlying zoning district; C. The proposed setbacks shall be reviewed and approved by the Planning Director after consultation with applicable city departments; D. The proposed subdivision plat shall identify the front, corner side, interior side, and rear yards for the purpose of future development. E. Parking may be located anywhere within the proposed subdivision except front yards (unless already existing) and shall not be reduced below the existing off-street parking F. All lots that are part of the subdivision must include adequate access to a public street. Adequate access shall include pedestrian walkways and when off-street parking is required, vehicle access and parking. G. All necessary easements for access and utilities are shown on the plat. A note shall be added to indicate responsibility for maintenance of shared access and utilities. H. All other applicable regulations of the Salt Lake City Code shall apply. A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the effective date of any amendment to this title that makes the existing lot noncomplying shall be considered a legal complying lot and is subject to the regulations of this title. Any noncomplying lot not approved by the city that was created prior to January 13, 1950, may be approved as a legal noncomplying lot subject to the lot meeting minimum zoning 10 requirements at the time the lot was created and documented through an updated zoning certificate for the property. Any noncomplying lot not approved by the city that was created on or between January 13, 1950 to April 12, 1995, may be approved as a legal noncomplying lot subject to the lot meeting minimum zoning and subdivision requirements at the time the lot was created and documented through an updated zoning certificate for the property. Noncomplying lots may be combined to create a conforming lot or more conforming lot subject to any maximum lot size standards of the zoning district in which the lot is located. SECTION 21. Amending the text of Salt Lake City Code Section 21A.38.070 (Legal Conforming Single-Family Detached Dwelling, Two-Family Dwellings, and Twin Homes) as follows: Any legally existing single-family detached dwelling, two-family dwelling, or twin home shall be considered legal conforming. Legal conforming status shall authorize replacement of the single-family detached dwelling, two-family dwelling, or twin home structure to the extent of the original footprint. A. Alterations, Additions or Extensions or Replacement Structures Greater Than the Original Footprint: In zoning districts which do not allow detached single-family dwelling units, two-family dwelling units or twin homes, any alterations, extensions/additions or the replacement of the structure may exceed the original footprint by 25% of the existing structure subject to the following standards: 1. Any alterations, extensions/additions or the replacement structure shall not project into a required yard beyond any encroachment established by the structure being replaced. 2. All replacement structures in nonresidential zones are subject to the provisions of Section 21A.36.190, “Residential Building Standards for Legal Conforming Single- Family Detached Dwellings, Two-Family Dwellings and Twin Homes in Nonresidential Zoning Districts”, of this title. B. Off Street Parking: When replacing a legal conforming single- family detached dwelling, two-family dwelling or twin home, the number of new parking stalls provided shall be equal to or more than the number of parking stalls being replaced. The maximum number of outdoor parking stalls shall be 4 parking stalls per dwelling unit SECTION 22. Adopting a new Section 21A.38.075 (Unit Legalizations) to the text of the Salt Lake City Code as follows: 11 21A.38.075: UNIT LEGALIZATIONS: A. Purpose: The purpose of this subsection is to implement the existing Salt Lake City community housing plan by providing a process that gives owners of property with one or more excess dwelling units not recognized by the city an opportunity to legalize such units based on the standards set forth in this section. The intent is to maintain existing housing stock in a safe manner that contributes to the vitality and sustainability of neighborhoods within the city. B. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this section shall comply with the following standards: 1. The dwelling unit existed prior to April 12, 1995. In order to determine whether a dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide documentation thereof which may include any of the following: a. Copies of lease or rental agreements, lease or rent payments, or other similar documentation showing a transaction between the unit owner and tenants; b. Evidence indicating that prior to April 12, 1995, the city issued a building permit, business license, zoning certificate, or other permit relating to the dwelling unit in question; c. Utility records indicating existence of a dwelling unit; d. Historic surveys recognized by the planning director as being performed by a trained professional in historic preservation; e. Notarized affidavits from a previous owner, tenant, or neighbor; f. Polk, Cole, or phone directories that indicate existence of the dwelling unit (but not necessarily that the unit was occupied); or g. Any other documentation that the owner is willing to place into a public record which indicates the existence of the excess unit prior to April 12, 1995. 2. The excess unit has been maintained as a separate dwelling unit since April 12, 1995. In order to determine if a unit has been maintained as a separate dwelling unit, the following may be considered: a. Evidence listed in Subsection B.1 of this section indicates that the unit has been occupied at least once every 5 calendar years; b. Evidence that the unit was marketed for occupancy if the unit was unoccupied for more than 5 consecutive years; c. If evidence of maintaining a separate dwelling unit as required by Subsection B.1 of this section cannot be established, documentation of construction upgrades may be provided in lieu thereof. d. Any documentation that the owner is willing to place into a public record which provides evidence that the unit was referenced as a separate dwelling unit at least once every 5 years. 12 C. Conditions of Approval: Any approved unit legalization shall be subject to the following conditions: 1. The unit owner shall allow the city’s building official or designee to inspect the dwelling unit to determine whether the unit substantially complies with basic life safety requirements as provided in Title 18, Chapter 18.50, “Existing Residential Housing”, of this code. 2. All required corrections indicated during the inspection process must be completed within 1 year unless granted an extension by the Building Official. D. Application: A determination of non-conforming use application, provided by the zoning administrator, shall be required to legalize unrecognized dwelling units. SECTION 23. Amending the text of Salt Lake City Code Section 21A.40.040 “Use Limitations” as follows: 21A.40.040: USE LIMITATIONS: In addition to the applicable use limitations of the district regulations, no accessory use shall be permitted unless it complies with the restrictions set forth below: A. An accessory use shall be incidental and subordinate to the principal use or structure in area, extent and purpose; B. An accessory use, building or structure shall be under the same ownership or control as the principal use or structure, and shall be, except as otherwise expressly authorized by the provisions of this title, located on the same lot as the principal use or structure; C. No accessory use shall be established or constructed before the principal use is in operation or the structure is under construction in accordance with these regulations; D. No commercial sign, except as expressly authorized by this chapter or by the provisions of Chapter 21A.46 of this title, shall be maintained in connection with an accessory use or structure. E. An accessory use shall be permitted if it is routinely and customarily associated with the principal use and not otherwise prohibited by this title. For residential uses, this includes accessory uses that are customarily associated with a dwelling, such as home office, outdoor living space, pool houses, storage, personal use, hobbies, and other similar uses but does not include short term rentals or other uses not allowed in the zoning district. SECTION 24. Amending the text of Salt Lake City Code Subsection 21A.40.050.A as follows: 13 A. Location of Accessory Buildings in Required Yards: 1. Front Yards: Accessory buildings are prohibited in any required front yard and shall be set back at least as far as the principal building when the principal building exceeds the required front yard setback. Notwithstanding the foregoing, hoop houses and cold frame structures up to 24 inches in height may be placed in a front yard. 2. Corner Lots: No accessory building on a corner lot shall be closer to the street than the distance required for corner side yards. At no time, however, shall an accessory building be closer than 20 feet to a public sidewalk or public pedestrianway and the accessory building shall be set back at least as far as the principal building. Notwithstanding the foregoing, hoop houses and cold frame structures up to 24 inches in height may be placed in a corner side yard. 3. Side Yards: Accessory buildings are prohibited in any required interior side yard; however, hoop houses, greenhouses, and cold frame structures associated solely with growing food and/or plants are allowed in an interior side yard but no closer than one foot to the corresponding lot line. If an addition to residential buildings results in an existing accessory building being located in a side yard, the existing accessory building shall be permitted to remain, subject to maintaining a 4 foot separation from the side of the accessory building to the side of the residential building, as required in Subsection A.4.b of this section. 4. Rear Yards: Location of accessory buildings in a rear yard shall be as follows: a. In residential districts, no accessory building shall be closer than one foot to a side or rear lot line except when sharing a common wall with an accessory building on an adjacent lot. In nonresidential districts, buildings may be built to side or rear lot lines in rear yards, provided the building complies with all applicable requirements of the adopted building code. b. No portion of the accessory building shall be built closer than 4 feet to any portion of the principal building; excluding cold frames associated solely with growing food and/or plants. c. Garages on 2 or more properties that are intended to provide accessory building use for the primary occupants of the properties, in which the garage is located, may be constructed in the rear yards, as a single structure subject to compliance with adopted building code regulations and the size limits for accessory buildings on each property as indicated herein. 5. Accessory or Principal Lot: No portion of an accessory building on either an accessory or principal lot may be built closer than 10 feet to any portion of a principal residential building on an adjacent lot when that adjacent lot is in a residential zoning district; excluding hoop houses, greenhouses, and cold frames associated solely with growing food and/or plants. 6. Double Frontage Lots: Accessory structures and buildings located on a property where both the front and rear yards have frontage on a street may be located in a front yard provided the accessory building or structure: 14 a. Is located in a provided yard that is directly opposite the front yard where the primary entrance to the principal building is located; b. Is in a location that is consistent with other accessory building locations on the block; c. Complies with any clear view triangle requirements of this title; and d. Complies with all other accessory building and structure requirements of this title. SECTION 25. Amending the text of Salt Lake City Code Subsection 21A.40.050.C (Maximum Height of Accessory Structures) as follows: C. Maximum Height of Accessory Buildings/Structures: 1. Accessory to Residential Uses in the FP District, RMF Districts, RB, R-MU Districts, SNB and the RO District: The height of accessory buildings/structures in residential districts are measured from established grade to the highest point of the accessory building and shall conform to the following: a. The height of accessory structures with flat roofs shall not exceed 12 feet. The height of flat roof structures may be increased up to 75% of the height of the principal structure, not to exceed 15 feet provided the setbacks increases one foot for every one foot of building height above 12 feet. b. The height of accessory structures with pitched roofs shall not exceed 17 feet measured to the midpoint of the roof. The height of pitched roof structures may be increased up to 75% of the height of the principal structure, not exceed 21 feet provided the setbacks increase one foot for every one foot of structure height above 17 feet. 2. Accessory to Residential Uses in the FR, R-1 Districts, R-2 District and SR Districts: The height of accessory buildings/structures in the FR districts, R-1 districts, R-2 district and SR districts are measured from established grade to the highest point of the accessory structure and shall conform to the following: a. The height of accessory structures with flat roofs shall not exceed 12 feet; 9 feet in the SR-1A zoning district. The height of flat roof structures may be increased up to 75% of the height of the principal structure, not to exceed 15 feet or 11 feet in the SR-1A zoning district provided the setbacks are increased one foot for every one foot of building height above 12 feet or 9 feet in the SR-1A zoning district. b. The height of accessory structures with pitched roofs shall not exceed 17 feet at any given point of building coverage. In the SR-1A zoning district the height of accessory structures with pitched roofs shall not exceed 14 feet. The height of pitched roof structures may be increased up to 75% of the height of the principal structure, not to exceed 21 feet or 15 feet in the SR-1A zoning district provided 15 the setbacks are increased one foot for every one foot of building height above 17 feet or 15 feet in the SR-1A zoning district. SECTION 26. Amending the text of Salt Lake City Code Section 21A.40.065 (Outdoor Dining) as follows: 21A.40.065: OUTDOOR DINING: “Outdoor dining”, as defined in Chapter 21A.62 of this title, shall be allowed in any zoning districts where restaurant and retail uses are allowed subject to the provisions of this section: A. Where allowed: 1. Within the buildable lot area; 2. Within a required or provided front or corner side yard; 3. Within a required side yard provided: the outdoor dining is setback a minimum of 10 feet when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section. 4. Within a required rear yard provided the outdoor dining is setback a minimum of 10 feet when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section. 5. Within a public right of way or an adjacent public property subject to all applicable lease agreements, applicable regulations, and the outdoor dining design guidelines. B. All outdoor dining shall be subject to the following conditions: 1. All applicable requirements of Chapter 21A.48 and Section 21A.36.020 of this title are met. 2. All required business, health and other regulatory licenses for the outdoor dining have been secured. 3.A detailed site plan demonstrating the following: a. All the proposed outdoor dining activities will be conducted on private property owned or otherwise controlled by the applicant and that none of the activities will occur on any publicly owned rights-of-way unless separate approval for the use of any such public rights-of-way has been obtained from the city; b. The main entry has a control point as required by state liquor laws. 4. The proposed outdoor dining complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for property. 16 5. Live music will not be performed, nor loudspeakers played in the outdoor dining area unless the decibel level is within conformance with the Salt Lake City noise control ordinance, Title 9, Chapter 9.28 of this code. Live music and loudspeakers are prohibited outside between the hours of 9:00 pm and 9:00 am when the property is adjacent to a residential zoning district. 6. Outdoor dining shall be considered an expansion of the use for the purpose of determining if additional parking is required as stated in Chapter 21A.44 (Parking). 7. Smoking shall be prohibited within the outdoor dining area and within 25 feet of the outdoor dining area. SECTION 27. Amending the text of Salt Lake City Code Subsection 21A.40.090.D (Amateur Radio Facilities With Surface Area Exceeding Ten Square Feet) as follows: D. Amateur Radio Facilities With Surface Area Exceeding 10 Square Feet: Any antenna and antenna support having a combined surface area greater than 10 square feet or having any single dimension exceeding 12 feet that is capable of transmitting as well as receiving signals and is licensed by the Federal Communications Commission as an amateur radio facility shall be permitted as an accessory use, but only in compliance with the regulations set forth below: 1. Number Limited: No more than one such antenna or antenna support structure with a surface area greater than 10 square feet or any single dimension exceeding 12 feet may be located on any lot. 2. Height Limited: No such antenna and its support structure shall, if ground mounted, exceed 75 feet in height or, if attached to a building pursuant to Subsection D.3 of this section, the height therein specified. 3. Attachment to Buildings Limited: No such antenna or its support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied: a. Height: The antenna and its support structure shall not extend more than 20 feet above the highest point of the building on which it is mounted. b. Mounting: The antenna and its support structure shall not be attached to or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front or corner side of any principal building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of 80 miles per hour without the use of supporting guywires. c. Grounding: The antenna and its support structure shall be bonded to a grounding rod. 17 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.40.090.E.3.b (Electrical Equipment Located on Private Property) as follows: b. Electrical Equipment Located on Private Property: Electrical equipment shall be subject to the following standards: (1) Located in a rear yard, interior side yard, or within the building area of the lot. (2) If located in a zoning district without a require front or corner side yard setback, the equipment shall be located a minimum of 10 feet from the front or corner side yard property line. (3) Located a minimum of 4 feet from a side or rear property line unless located in an enclosed structure or a vault where the equipment will not be visible. (4) If the equipment is located next to a public trail, park, open space, or other public space other than a street, the equipment shall be screened by a masonry wall or solid fence so the equipment is not visible. (5) The electrical equipment and any structure associated with the electrical equipment is subject to the maximum lot coverage of the underlying zoning district. SECTION 29. Amending Section 21A.40.100 (Mechanical Equipment) to the text of Salt Lake City Code as follows: 21A.40.100: LOCATION OF MECHNICAL EQUIPMENT: All mechanical equipment shall be located as follows: A. Front and Corner Side Yards and Double Frontage Lots: Only allowed if located within 4 feet of the principal building and screened by vegetation, a solid wall or fence so the equipment is not visible and at least 10 feet from the front and corner side yard property lines. B. Side Yards: At least 4 feet from a side property line. If the equipment is adjacent to a driveway, parking stall, or accessory structure on an adjacent parcel, the setback may be reduced to 2 feet. C. Rear Yards: at least 4 feet from a rear property line. If the equipment is adjacent to a driveway, parking stall, or accessory structure on an adjacent parcel, the setback may be reduced to two feet. D. Prohibited Areas: in addition to the yard requirements above, mechanical equipment is prohibited to be located on the roof of an accessory structure, with the exception of exhaust fans and mechanical vents serving the accessory building in which case the fans or vents shall be at least 10 feet from a property line. 18 SECTION 30. Amending the text of Salt Lake City Code Subsection 21A.40.120.I (Barbed Wire Fences) as follows: I. Barbed Wire Fences: Permitted Use: Barbed wire fencing is allowed as a permitted use in the following instances: 1. AG, AG-2, AG-5, AG-20, A, CG, M-1, and M-2 districts and to secure critical infrastructure located in any other zoning district not listed subject to the following requirements. Critical infrastructure includes sites that are necessary to protect the facility or site for the purpose of public health and safety. Barbed wire is also permitted to secure construction sites and sites where construction is pending provided it is removed once construction is complete. 2. Barbed wire fences shall be subject to the following provisions: a. Not allowed in a provided or required front yard. b. The barbed wire is permitted to exceed the maximum fence height. c. No strand of barbed wire shall be permitted less than 7 feet in height above the ground except for agricultural purposes provided the barbed wire is vertically aligned. d. No more than 3 strands of barbed wire are permitted. e. The barbed wire strands shall not slant outward from the fence more than 60 degrees from a vertical line. f. All barbed wire shall be setback a minimum of 3 feet from public property. g. The barbed wire is not located along a property line shared with a residential use when the subject property is in a CG zoning district. SECTION 31. Amending the text of Salt Lake City Code Subsection 21A.40.120.J (Razor Wire Fences) as follows: J. Razor Wire Fences: Razor wire fencing is allowed as a permitted use in the M-1, M-2 and EI zoning districts and to secure critical infrastructure structures and sites located in any other zoning district subject to the following requirements. Critical infrastructure includes sites that are necessary to protect the facility or site for the purpose of public health and safety. 1. Razor wire is not allowed in a provided or required front or corner side yard. 2. Razor wire is permitted to exceed the maximum fence height to a height necessary to reasonably secure the site. 19 3. No strand of razor wire shall be permitted on a fence that is less than 7 feet high. Razor wire coils shall not exceed 18 inches in diameter and must slant inward from the fence to which the razor wire is being attached. 4. All razor wire shall be setback a minimum of 3 feet from public property in zoning districts that do not have a minimum setback. SECTION 32. Amending the text of Salt Lake City Code Subsection 21A.40.120.L (Electric Security Fences) as follows: L. Electric Security Fences: 1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 and M-2 zones. Electric security fences on parcels or lots that abut a residential zone are prohibited. 2. Location Requirements: Electric security fences shall not be allowed in required front yard setbacks or on frontages adjacent to residentially zoned properties. 3. Compliance With Adopted Building Codes: Electric security fences shall be constructed or installed in conformance with all applicable construction codes. 4. Perimeter Fence or Wall: No electric security fence shall be installed or used unless it is fully enclosed by a nonelectrical fence or wall that is not less than 6 feet in height. There shall be at least one foot of spacing between the electric security fence and the perimeter fence or wall. 5. Staging Area: All entries to a site shall have a buffer area that allows on site staging prior to passing the perimeter barrier. The site shall be large enough to accommodate a vehicle completely outside of the public right of way. 6. Height: Electric security fences shall have a maximum height of 10 feet. 7. Warning Signs: Electric security fences shall be clearly identified with warning signs that read: “Warning-Electric Fence” at intervals of not greater than 60 feet. Signs shall comply with requirements in Chapter 21A.46, “Signs”, of this title. 8. Security Box: Electric security fences shall have a small, wall mounted safe or box that holds building keys for police, firefighters and EMTs to retrieve in emergencies. SECTION 33. Amending the text of Salt Lake City Code Section 21A.40.130 (Access for Persons with Disabilities) as follows: 21A.40.130: ACCESS FOR PERSONS WITH DISABILITIES: Building permits for an uncovered vertical wheelchair lift, or for an uncovered access ramp, for persons with disabilities, under 4 feet in height, or any other form of uncovered access, for persons with disabilities, under 4 feet in height, that encroaches into required yard areas, may be approved by the zoning administrator as a permitted accessory structure. Covered ramps or other access structures for persons with disabilities that encroach into required yard 20 areas, shall be considered as a reasonable accommodation under applicable federal regulations. SECTION 34. Amending the text of Salt Lake City Code Section 21A.40.160 (Ground Mounted Utility Boxes) as follows: 21A.40.160: GROUND MOUNTED UTILITY BOXES: A. Purpose: Utility infrastructure provides a necessary service to the community. The regulations of this section are intended to allow for ground mounted utility boxes while reducing the negative impacts they may create. B. Compliance With Regulations Required: All ground mounted utility boxes shall be subject to the regulations of this section and any applicable requirement in Title 21A, unless exempted within Section 21A.02.050 of this title and any applicable adopted code and regulation. The location and access for maintenance of all required utility infrastructure is subject to approval by the utility provider and complying with all applicable adopted codes and regulations. No construction shall be undertaken without the applicable city permits and public way permits. C. Location: Ground mounted utility boxes shall be located as required by this section. 1. On the subject parcel or an adjacent parcel when part of new construction or as an addition to an existing building that requires additional utility service subject to the following standards: a. Rear and Side Yards: the ground mounted utility box shall be located a minimum of one foot from a side or rear property line. b. Front and Corner Side Yards: The ground mounted utility box shall be located within 5 feet of the building façade when located in required or provided front or corner side yard and at least one foot from a front or corner side yard property line. Utility boxes in a front or corner side yard shall be screened by a wall, fence, or hedge of at least equal height not to exceed the maximum height for a wall or fence allowed in the applicable yard. c. Ground mounted utility box(es) may be placed in a required landscaped yard if screened by a wall, fence or hedge of at least equal height not to exceed the maximum height for a wall or fence allowed in the applicable yard. d. If proposed on an adjacent parcel, an easement shall be provided for the utility boxes and associated equipment along with consent from the owner of the adjacent parcel. 2. In a public right of way if each of the following criteria are satisfied: a. There is an existing building on the subject property that is located in a manner that prohibits the placement of required utility infrastructure on the property; 21 b. There is no existing front yard, corner side yard, interior side yard, or rear yard of sufficient size to accommodate ground mounted utility box(es) and access for maintenance, as required by the utility provider, of the box(es) within the yard. A right of way may be used to accommodate necessary working space; c. There is not an alley adjacent to the subject property that provides sufficient access as required by the utility provider to a yard of sufficient size to accommodate ground mounted utility box(es). If the alley is not a public alley, necessary permissions and easements must be provided; d. The existing utilities are not being relocated to support an expansion of the use or building or for any new use or accessory use on the property; e. The ground mounted utility box will not negatively impact any existing or planned public improvement within the right of way; f. The ground mounted utility box is located at least 10 feet away from any tree in the right of way; g. The ground mounted utility box(es) comply with all requirements of Chapter 14.32 or its successor; and h. The applicant has provided to the city and the utility provider the dimensions and space requirements necessary for the utility needs, as determined by the utility provider, of the proposed development. 3. In a public right of way when the ground mounted utility box is necessary to provide utility service to the broader neighborhood, the location is consistent with any legal agreement between the utility provider and the city, and the proposed utility box complies with all applicable regulations. 4. The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and Title 14,Chapter 14.32 of this code. D. Materials: All ground mounted utility boxes shall consist of high quality material such as stainless steel or other durable painted or colored material. The finish shall be a neutral color such as dark or light green, beige or gray or color similar to utility boxes within the vicinity and coated with a graffiti resistant treatment. E. Post installation Obligations: All ground mounted utility boxes and any related screening materials shall remain the service provider’s responsibility to keep in a state of good visual quality and repair. 1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall also comply with all conditions as set forth in the service provider’s/owner’s franchise agreement with the city. If the terms of any franchise agreement conflict with the provisions of this title, the ordinance regulations shall prevail and govern. 2. Discontinued Use: If the service provider/owner of a ground mounted utility box in the public right of way discontinues the use or has no defined need for said box, it is that service provider’s/owner’s sole responsibility to remove the box and all associated conduit and wiring at its own expense in compliance with all engineering division requirements. 22 3. Required Contact Information: A service provider shall place a permanent notice on the box containing the service provider’s name and telephone number for the purpose of notification in the event of graffiti or damages to the equipment. 4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in reasonably good repair in a clean, safe and level condition. “Level condition” shall mean not tilting greater than 15° from plumb. A service provider shall repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. SECTION 35. Amending the text of Salt Lake City Code Section 21A.44.090 Modification to Parking Areas as follows: 21A.44.090: MODIFICATIONS TO PARKING AREAS: Applicants requesting development permits or approvals may request adjustments to the standards and requirements in this Chapter 21A.44: Off Street Parking, Mobility, and Loading, and the city may approve adjustments to those standards, as described below. A. Authority to Approve Modifications: The planning director or transportation director may approve the following types of modifications provided that the Director determines that the adjustment will not create adverse impacts on pedestrian, bicycle, or vehicle safety and that the adjustment is required due to the nature of the site and the surrounding context (such as shape, topography, utilities, or access point constraints) and that the need for the adjustment has not been created by the actions of the applicant. B. Authorized Modifications: 1. Modification to dimensions or geometries of parking, loading, or stacking space, aisles, or maneuvering areas otherwise required by this chapter, other City regulations, or the Off Street Parking Standards Manual; provided that those modifications are consistent with federal and state laws regarding persons with disabilities, including but not limited to the Americans with Disabilities Act. 2. Modifications to bicycle parking or loading berth location or design standards. 3. Front Yard Parking: a. The lot contains an existing residential building. b. No other off-street parking exists on the site. c. No provided side yard is greater than 8 feet. If greater than 8 feet, no tree over 6 inches in caliper is present in the side yard that would necessitate the removal of the tree to locate a parking stall in the side yard or rear yard. d. The rear yard does not have frontage on a public street or public alley and the property does not have access rights across an adjacent private street or alley. e. The front yard parking complies with the following standards: 23 (1) The front yard parking is limited to no wider than 10 feet in width and is a minimum depth of 20 feet. (2) The front yard parking is accessed by an approved drive approach. (3) The location of the front yard parking is placed within 10 feet of a side lot line or for corner properties, may also be within 10 feet of a rear lot line and is consistent with the location of other driveways on the block face. (1) Parking is restricted to passenger vehicles only. 4. Vehicle and Equipment Storage Without Hard Surfacing: a. The property is located in a CG, M-1, M-2, or EI zoning district b. The lot is used for long term vehicle storage, not for regular parking and/or maneuvering. b. The storage areas are not located within any required front yard or corner side yard. c. The storage area surface is compacted with 6 inches of road base or other similar material with dust control measures in place. d. A mechanism, such as a wash bay, gravel guard, or rumble strip is used to remove mud, sand, dirt, and gravel from the vehicle with a minimum of 50 feet of paved driveway between the mechanism and a public street. The mechanism used is subject to approval by the Transportation Director or designee provided it is a commonly used device that is effective at removing debris from vehicle tires. SECTION 36. Amending the text of Salt Lake City Code Subsection 21A.46.070.V (Historic District Signs) as follows: 21A.46.070.V Historic District Signs: The historic landmark commission may authorize, as a minor alteration modification to an existing sign or the size or placement of a new sign in a historic district or on a landmark site, including placement of a sign type not allowed in the underlying zone, if the applicant can demonstrate that the location, size and/or design of the proposed sign is compatible with the design period or theme of the historic structure or district and/or will cause less physical damage to the historically significant structure. If a sign in a local historic district or on a landmark site has been designated a vintage sign as per Section 21A.46.125 of this chapter, the modifications allowed in that section may be authorized by the historic landmark commission subject to the appropriate standards of Section 21A.34.020 of this title. 24 SECTION 37. Amending the text of Salt Lake City Code Chapter 21A.46.125 (Vintage Signs) as follows: A. The purpose of this section is to promote the retention, restoration, reuse, and reinstatement of nonconforming signs that represent important elements of Salt Lake City’s heritage and enhance the character of a corridor, neighborhood, or the community at large. B. Notwithstanding any contrary provision of this title: 1. An application for designation of vintage sign status as well as for the reinstatement of, modifications to, or relocation of a vintage sign shall be processed in accordance with the procedures set forth in Chapter 21A.08 and Section 21A.46.030 as well as the following: Application: In addition to the general application requirements for a sign, an application for vintage sign designation or modification shall require: (a) Detailed drawings and/or photographs of the sign in its current condition, if currently existing; (b) Written narrative and supporting documentation demonstrating how the sign meets the applicable criteria; (c) Detailed drawings of any modifications or reinstatement being sought; (d) Detailed drawings of any relocation being sought; and (e) Historic drawings and/or photographs of the sign. 2. The zoning administrator shall designate an existing sign as a vintage sign if the sign: a. Was not placed as part of a Localized Alternative Signage Overlay District and has not been granted flexibility from the base zoning through a planned development agreement or by the historic landmark commission; b. Is not a billboard as defined in Section 21A.46.020 of this chapter; c. Retains its original design character, or that character will be reestablished or restored, based on historic evidence such as drawings or photographs; and d. Meets at least 4 of the following criteria: (1) The sign was specifically designed for a business, institution, or other establishment on the subject site; (2) The sign bears a unique emblem, logo, or another graphic specific to the city, or region; (3) The sign exhibits specific characteristics that enhance the streetscape or identity of a neighborhood; (4) The sign is or was characteristic of a specific historic period; (5) The sign is or was integral to the design or identity of the site or building where the sign is located; or 25 (6) The sign represents an example of craftsmanship in the application of lighting technique, use of materials, or design. 3. A designated vintage sign may: a. Be relocated within its current site. b. Be modified to account for changing uses within its current site. These modifications shall be in the same style as the design of the original sign including: (1) Shape and form, (2) Size, (3) Typography, (4) Illustrative elements, (5) Use of color, (6) Character of illumination, and (7) Character of animation. c. Be restored or recreated, and reinstated on its original site. d. Be relocated to a new site for use as a piece of public art, provided that the original design and character of the sign is retained, or will be restored, and it advertises a business no longer in operation. Vintage signs may only be relocated for use as public art to sites in the following districts: D-1, D-2, D-3, D-4, G-MU, CSHBD1, CSHBD2, FB-UN2, FB-UN3, FB-SC, FB-SE, TSA. e. Be relocated and reinstalled on the business’s new site, should the business with which it is associated move, provided that the business’s new location is within the same contiguous zoning district as the original location. 4. Once designated, a vintage sign is exempt from the calculation of allowed signage on a site. SECTION 38. Deleting Chapter 21A.52 Special Exceptions of the Salt Lake City Code Chapter. Chapter 21A.52 (Special Exceptions) is deleted in its entirety. SECTION 39. Amending the text of the Salt Lake City Code Section 21A.60.020 (List of Defined Terms) by adding the following term in alphabetical order: Ground mounted utility box. SECTION 40. Adding the following definition in alphabetical order to Section 21A.62.040 (Definition of Terms) of the Salt Lake City Code as follows: 26 Ground mounted utility boxes: shall mean such equipment and facilities, including pedestals, boxes, cabinets, meters or other ground mounted facilities and associated equipment that extend over 6 inches above ground level used for the transmission or distribution of utilities. SECTION 41. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. Ordinance deleting special exceptions from city code(legislative) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Paul Nielson, Senior City Attorney July 22, 2021 1 LEGISLATIVE DRAFT 1 SALT LAKE CITY ORDINANCE 2 No. _____ of 2021 3 4 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code 5 to eliminate special exceptions from that title) 6 7 An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant 8 to Petition No. PLNPCM2020-00606 to eliminate special exceptions from the city’s zoning 9 ordinances. 10 WHEREAS, the Salt Lake City Planning Commission held a public hearing on 11 November 18, 2020 to consider a petition submitted by Mayor Erin Mendenhall (Petition No. 12 PLNPCM2020-00606) to amend portions of Chapters 21A.06 (Zoning: Decision Making Bodies 13 and Officials); 21A.24 (Zoning: Residential Districts); 21A.26 (Zoning: Commercial Districts); 14 21A.32 (Zoning: Special Purpose Districts); 21A.34 (Zoning: Overlay Districts); 21A.36 15 (Zoning: General Provisions); 21A.38 (Zoning: Nonconforming Uses and Noncomplying 16 Structures); 21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off 17 Street Parking, Mobility and Loading); 21A.46 (Zoning: Signs) 21A.52 (Zoning : Special 18 Exceptions); 21A.60 (Zoning: Defined Terms); and 21A.62 (Zoning: Definitions) of the Salt 19 Lake City Code to modify regulations pertaining to off street parking; and 20 WHEREAS, at its November 18, 2020 meeting, the planning commission voted in favor 21 of transmitting a positive recommendation to the Salt Lake City Council on said petition; and 22 WHEREAS, after a public hearing on this matter the city council has determined that 23 adopting this ordinance is in the city’s best interests. 24 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 25 2 LEGISLATIVE DRAFT 26 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.06.050.C.6 as 27 follows: 28 6. Review and approve or deny certain special exceptions modifications to dimensional 29 standards for properties located within an H hHistoric pPreservation oOverlay dDistrict. 30 This authority is also granted to the planning director or designee for applications within 31 the H Historic Preservation Overlay District that are eligible for administrative approval 32 by the planning director or zoning administrator. The certain special exceptions 33 modifications to zoning district specific development standards are listed as follows and 34 are in addition to any modification authorized elsewhere in this title: 35 36 a. Building wall height; 37 b. Accessory structure wall height; 38 c. Accessory structure square footage; 39 d. Fence height; 40 e. Overall building and accessory structure height; 41 f. Signs pursuant to sSection 21A.46.070 of this title; and 42 g. Any modification to bulk and lot regulations, except density, of the underlying zoning 43 district where it is found that the underlying zoning would not be compatible with the 44 historic district and/or landmark site proposal complies with the applicable standards 45 identified in Section 21A.34.020 and is compatible with the surrounding historic 46 structures. 47 48 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.2 as 49 follows: 50 2. Repealed.Height Special Exception: The Planning Commission, as a special exception to 51 the height regulations of the applicable district, may approve a permit to exceed the 52 maximum building height but shall not have the authority to grant additional stories. To 53 grant a height special exception the Planning Commission must find the proposed plan: 54 55 a. Is a design better suited to the site than can be achieved by strict compliance to these 56 regulations; and 57 b. Satisfies the following criteria: 58 59 (1) The topography of the lot presents difficulties for construction when the foothill 60 height limitations are applied, 61 (2) The structure has been designed for the topographic conditions existing on the 62 particular lot, and 63 (3) The impact of additional height on neighboring properties has been identified and 64 reasonably mitigated. 65 3 LEGISLATIVE DRAFT 66 c. In making these considerations the Planning Commission can consider the size of the 67 lot upon which the structure is proposed. 68 d. The burden of proof is upon the applicant to submit sufficient data to persuade the 69 Planning Commission that the criteria have been satisfied. 70 e. The Planning Commission may deny an application for a height special exception if: 71 (1) The architectural plans submitted are designed for structures on level, or nearly 72 level, ground, and the design is transposed to hillside lots requiring support 73 foundations such that the structure exceeds the height limits of these regulations; 74 (2) The additional height can be reduced by modifying the design of the structure 75 through the use of stepping or terracing or by altering the placement of the 76 structure on the lot; 77 (3) The additional height will substantially impair the views from adjacent lots, and 78 the impairment can be avoided by modification; or 79 (4) The proposal is not in keeping with the character of the neighborhood. 80 81 82 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.6 83 (Grade Changes) as follows: 84 6. Grade Changes: No grading shall be permitted prior to the issuance of a building permit. 85 The grade of any lot shall not be altered above or below established grade more than 86 four4 feet (4’) at any point for the construction of any structure or improvement except: 87 88 a. Within the buildable area. Proposals to modify established grade more than 6 six feet 89 (6’) shall be reviewed as a special exception subject to the standards in chapter 90 21A.52 of this title shall be permitted for the construction of below grade portions of 91 structures, egress windows, and building entrances. Grade change transition areas 92 between a yard area and the buildable area shall be within the buildable area; 93 b. Within the front, corner side, side and rear yard areas, proposals to modify established 94 grade more grade changes greater than 4four feet (4’) shall be reviewed as a special 95 exception subject to the standards found in chapter 21A.52 of this title are permitted 96 provided: and 97 98 (1) The grade change is supported by retaining walls. 99 (2) No individual retaining wall exceeds 6 feet in height. 100 101 c. As necessary to construct driveway access from the street to the garage or parking 102 area grade changes and/or retaining walls up to six feet (6’) from the established 103 grade shall be reviewed as a special exception subject to the standards in chapter 104 21A.52 of this title Within the required front and corner side yards, grade changes up 105 to 6 feet in height are permitted provided: 106 107 (1) The grade change is necessary for driveways accessing legally located parking 108 areas; and 109 (2) The grade changes are supported by retaining walls. 4 LEGISLATIVE DRAFT 110 111 SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.050.D.6 112 (Maximum Building Height) as follows: 113 6. a. For properties outside of the H Historic Preservation Overlay District, additional 114 building height may be granted as a special exception by the Planning Commission 115 subject to the special exception standards in chapter 21A.52 of this title and if the 116 proposed building height is in keeping with the development pattern on the block face. 117 The Planning Commission will approve, approve with conditions, or deny the request 118 pursuant to chapter 21A.52 of this title. 119 b. Additional Principal Building Height: Requests for additional building height for 120 properties located in an H Historic Preservation Overlay District shall be reviewed by the 121 Hhistoric Llandmarks Ccommission which may grant such requests subject to the 122 provisions of sSection 21A.34.020 of this title. 123 124 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.060.D.6 125 (Maximum Building Height) as follows: 126 6. a. For properties outside of the H Historic Preservation Overlay District, additional 127 building height may be granted as a special exception by the Planning Commission 128 subject to the special exception standards in chapter 21A.52 of this title and if the 129 proposed building height is in keeping with the development pattern on the block face. 130 The Planning Commission will approve, approve with conditions, or deny the request 131 pursuant to chapter 21A.52 of this title. 132 b. Additional Principal Building Height: Requests for additional building height for 133 properties located in an H Historic Preservation Overlay District shall be reviewed by the 134 Hhistoric Llandmarks Ccommission which may grant such requests subject to the 135 provisions of sSection 21A.34.020 of this title. 136 137 138 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.070.D.6 139 (Maximum Building Height) as follows: 140 6. a. For properties outside of the H Historic Preservation Overlay District, additional 141 building height may be granted as a special exception by the Planning Commission 142 subject to the special exception standards in chapter 21A.52 of this title and if the 143 proposed building height is in keeping with the development pattern on the block face. 144 The Planning Commission will approve, approve with conditions, or deny the request 145 pursuant to chapter 21A.52 of this title. 146 b. Additional Principal Building Height: Requests for additional building height for 147 properties located in an H Historic Preservation Overlay District shall be reviewed by the 5 LEGISLATIVE DRAFT 148 Hhistoric Llandmarks Ccommission which may grant such requests subject to the 149 provisions of sSection 21A.34.020 of this title. 150 151 152 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.080.D.6 153 (Maximum Building Height) as follows: 154 6. Additional Building Height: 155 156 a. For properties outside of the H historic preservation overlay district, additional 157 building height may be granted as a special exception by the planning commission 158 subject to the special exception standards in chapter 21A.52 of this title and if the 159 proposed building height is in keeping with the development pattern on the block 160 face. The planning commission will approve, approve with conditions, or deny the 161 request pursuant to chapter 21A.52 of this title. 162 b. Additional Principal Building Height: Requests for additional building height for 163 properties located in an H hHistoric pPreservation oOverlay dDistrict shall be 164 reviewed by the historic landmarks commission which may grant such requests 165 subject to the provisions of sSection 21A.34.020 of this title. 166 167 168 SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.24.100.D.6 169 (Maximum Building Height) as follows: 170 6. 171 a. For properties outside of the H historic preservation overlay district, additional 172 building height may be granted as a special exception by the planning commission 173 subject to the special exception standards in chapter 21A.52 of this title and if the 174 proposed building height is in keeping with the development pattern on the block 175 face. The planning commission will approve, approve with conditions, or deny the 176 request pursuant to chapter 21A.52 of this title. 177 b. Additional Principal Building Height: Requests for additional building height for 178 properties located in an H hHistoric pPreservation oOverlay dDistrict shall be 179 reviewed by the historic landmarks commission which may grant such requests 180 subject to the provisions of sSection 21A.34.020 of this title. 181 182 SECTION 9. Amending the text of Salt Lake City Code Subsection 21A.24.110.D.6 183 (Maximum Building Height) as follows: 184 6. 185 a. For properties outside of the H historic preservation overlay district, additional 186 building height may be granted as a special exception by the planning commission 6 LEGISLATIVE DRAFT 187 subject to the special exception standards in chapter 21A.52 of this title and if the 188 proposed building height is in keeping with the development pattern on the block 189 face. The planning commission will approve, approve with conditions, or deny the 190 request pursuant to chapter 21A.52 of this title. 191 b. Additional Principal Building Height: Requests for additional building height for 192 properties located in an H hHistoric pPreservation oOverlay dDistrict shall be 193 reviewed by the historic landmarks commission which may grant such requests 194 subject to the provisions of sSection 21A.34.020 of this title. 195 196 SECTION 10. Amending the text of Salt Lake City Code Subsection 21A.26.010.J 197 (Modifications to Maximum Height) as follows: 198 J. Modifications Tto Maximum Height: The maximum height of buildings in commercial 199 zoning districts may be increased up to 10% on any building face Additions to the 200 maximum height due to the natural topography of the site may be approved pursuant to 201 the following procedures and standards: 202 203 1. At least 50% of the building complies with the maximum height of the underlying 204 zoning district; 205 2. The modification allows the upper floor of a building to be level with the portion of 206 the building that complies with the maximum building height of the zone without the 207 10% modification; and 208 3. The height of the ground floor is at least 12 feet in height measured from finished 209 floor to finished ceiling height. 210 211 1. Modifications Of Ten Percent Or Less Of Maximum Height: 212 213 a. The Planning Commission may approve, as a special exception, additional height 214 not exceeding ten percent (10%) of the maximum height pursuant to the standards 215 and procedures of chapter 21A.52 of this title. Specific conditions for approval are 216 found in chapter 21A.52 of this title. 217 218 2. Modifications Of More Than Ten Percent Of Maximum Height: 219 220 a. Design Review: Through design review for properties on a sloping lot in 221 Commercial Zoning Districts, pursuant to chapter 21A.59 of this title, the 222 Planning Commission, or in the case of an administrative approval the Planning 223 Director or designee, may allow additional building height of more than ten 224 percent (10%) of the maximum height, but not more than one additional story, if 225 the first floor of the building exceeds twenty thousand (20,000) square feet. The 226 additional story shall not be exposed on more than fifty percent (50%) of the total 227 building elevations. 228 229 7 LEGISLATIVE DRAFT 230 SECTION 11. Amending the text of Salt Lake City Code Subsection 21A.32.100.D.3 as 231 follows: 232 3. Recreation equipment heights or heights for buildings or structures for the Salt Lake City 233 Public Utilities Department that are not specifically exempt in section 21A.02.050 of this 234 title, in excess of sixty feet (60’) may be approved through the Special Exception process. 235 are permitted to a height not to exceed 80 feet when needed due to the nature of the 236 equipment or for the use to operate safely, such as fences surrounding golf course driving 237 ranges. 238 239 240 SECTION 12. Amending to the text of Salt Lake City Code Subsection 21A.32.100.D as 241 follows: 242 D. Maximum Building Aand Recreation Equipment Height: 243 244 1. Lots four (4) acres or less: Building height shall be limited to thirty five 35 feet (35’); 245 provided that for each foot of height in excess of twenty 20 feet (20’), each required 246 yard and landscaped yard shall be increased one foot (1’). 247 2. Lots greater than four (4) acres: Building heights in excess of thirty five 35 feet (35’) 248 but not more than forty five 45 feet (45’) may be permitted provided, that for each 249 foot of height over thirty five 35 feet (35’), each required yard and landscaped yard 250 shall be increased one foot (1’). Building heights in excess of forty five 45 feet (45’) 251 up to sixty 60 feet (60’) may be approved through the design review process and that 252 for each foot of height over thirty five 35 feet (35’), each required yard and 253 landscaped yard shall be increased one foot (1’). 254 3. Recreation equipment heights or heights for buildings or structures for the Salt Lake 255 City Public Utilities Department that are not specifically exempt in 256 sSection 21A.02.050 of this title, in excess of sixty 60 feet (60’) may be approved 257 through the Sspecial Eexception process. 258 4.Heights for buildings or structures for the Salt Lake City Public Utilities Department 259 that are not specifically exempt in Section 21A.02.050 of this title, are exempt from 260 the height restrictions in this zoning district provided the building or structure is 261 deemed by the director of the public utilities department as critical infrastructure 262 necessary to provide specific utility needs to the public. 263 264 265 SECTION 13. Amending the text of Salt Lake City Code Subsection 21A.32.100.H 266 (Lighting) as follows: 267 H. Lighting: All uses and developments that provide lighting shall ensure that lighting 268 installations do not have an adverse impact on traffic safety or on surrounding properties 269 and uses. Light sources shall be shielded to eliminate excessive glare or light into 8 LEGISLATIVE DRAFT 270 adjacent properties and have cutoffs to protect the view of the night sky comply with the 271 following standards: 272 273 1. Lighting is installed in a manner and location that will not have an adverse impact on 274 the natural environment when placed in areas with wildlife habitat, traffic safety or on 275 surrounding properties and uses; 276 2. Light sources shall be shielded to eliminate excessive glare or light into adjacent 277 properties and have cutoffs to protect the view of the night sky; and 278 3. Light poles for outdoor uses, such as sports fields, amphitheaters, and other similar 279 uses may be permitted up to 70 feet in height provided the lights are located a 280 minimum of 30 feet from a residential use and directed to reduce light trespass onto 281 neighboring properties. 282 283 SECTION 14. Amending the text of Salt Lake City Code Subsection 21A.34.120.G 284 (Special Exception for Garages) as follows: 285 G. Special Exception For Garages Built into Hillsides in Front or Corner Side Yards: A 286 garage built into a hillside and located forward of the front line of the building may be 287 allowed as a special exception granted by the planning commission, subject to the 288 following standards: 289 290 1. The rear and side yards cannot be reasonably accessed for the purpose of parking. 291 2. Because of the topography of the lot it is impossible to construct a garage and satisfy 292 the standards of the YCI. 293 3. The ceiling elevation of the garage is below the elevation of the first or main floor of 294 the house. 295 4. The garage meets all applicable yard requirements. 296 297 SECTION 15. Amending text of Salt Lake City Code Subsection Table 21A.36.020.B 298 (Obstructions in Required Yards) as follows (only the identified rows and columns in the table 299 are amended): 300 TABLE 21A.36.020B 301 OBSTRUCTIONS IN REQUIRED YARDS1 302 Type Oof Structure Oor Use Obstruction Front Aand Corner Side Yards Side Yard Rear Yard 9 LEGISLATIVE DRAFT Below grade encroachments underground obstructions when there is no exterior evidence of the underground structure other than entrances and required venting provided there are no conflicts with any easements or publicly owned infrastructure or utilities. 2 X X X Central air conditioning systems, heating, ventilating, pool and filtering equipment, the outside elements shall be located not less than 4 feet from a lot line..Structures less than 4 feet from the property line shall be reviewed as a special exception according to the provisions of section 21A.52.030 of this title X X Changes of established grade of 4 feet or less except for the FP and FR Districts which shall be subject to the provisions of sSubsection 21A.24.010.P of this title. (All grade changes located on a property line shall be supported by a retaining wall.) For properties outside of the H Historic Preservation Overlay District, Changes of established grade greater than 4 feet are special exceptions subject to the standards and factors in chapter 21A.52 of this title Grade changes greater than 4 feet in height provided the grade change includes a retaining wall, a horizontal step that is a minimum of 3 feet in depth is provided for every 4 vertical feet of retaining wall. X X X Laundry drying equipment (clothesline and poles) X X X Window mounted refrigerated air conditioners and evaporative “swamp” coolers located at least 2 feet from the property line. Window mounted refrigerated air conditioner units and “swamp” coolers less than 2 feet from the property line shall be reviewed as a special exception according to the provisions of section 21A.52.030 of this title X X X 303 Notes: 304 1. ”X” denotes where obstructions are allowed. 305 2. Below grade encroachments (encroachments which are completely below grade where the surface 306 grade remains intact and where the below grade encroachment is not visible from the surface) into 307 required yards shall be treated as a special exception in accordance with the procedures set forth in 308 chapter 21A.52 of this title. Reserved. 309 3. The accessory structure shall be located wholly behind the primary structure on the property. 310 311 312 SECTION 16. Amending the text of Salt Lake City Code Subsection 313 21A.36.350.A.3.c.(3) as follows: 314 (3) A decorative masonry wall that is a minimum of six6 feet (6’) high shall be provided 315 along all interior side and rear lot lines and that complies with all required site distance 316 triangles at driveways and walkways. Walls in excess of 6six feet (6’) may be approved 317 by the Planning Commission as a special exception required as a condition of approval of 318 a conditional use if it determines a taller wall is necessary to mitigate a detrimental 319 impact created by the homeless resource center or homeless shelter; 10 LEGISLATIVE DRAFT 320 321 SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.38.040.H.2 322 (Enlargement of a Structure With a Nonconforming Use) as follows: 323 2. Enlargement Oof A Structure With Aa Nonconforming Use: Alterations or modifications 324 to a portion of a structure with Enlargement of a legal nonconforming use may be 325 approved by special exception, subject to the provisions of chapter 21A.52 of this title, 326 are limited to a one time expansion of up to if the floor area does not increase by more 327 than twenty five percent (25%) of the gross floor area, or one thousand (1,000) gross 328 square feet, whichever is less and subject to the site being able to provide required off 329 street parking that complies with any applicable parking requirement of this title. within 330 the limits of existing legal hard surfaced parking areas on the site. An approved 331 expansion shall be documented through an updated zoning certificate for the property. 332 Any expansion to the nonconforming use portion of a structure beyond these limits is not 333 permitted. The expansion shall be limited to a one-time expansion after April 12, 1995, 334 the effective date of this title. Any expansion granted as a special exception after April 335 12, 1995 shall be considered as fulfilling the one-time expansion. 336 337 SECTION 18. Amending the text of Salt Lake City Code Subsection 21A.38.050.B 338 (Enlargement) as follows: 339 B. Enlargement: A noncomplying structure may be enlarged if such enlargement and its 340 location comply with the standards of the zoning district in which it is located or as 341 provided in this section. Horizontal in line additions or extensions to existing 342 noncomplying building portions are considered not creating a new nonconformance and 343 are subject to special exception standards and approval of subsection 21A.52.030A15 of 344 this title. Vertical in line additions or extensions to existing noncomplying building 345 portions are considered creating a new nonconformance and are not permitted. 346 1. Noncomplying as to setbacks. 347 a. Front yard: A principal building with a front yard setback that is less than the 348 minimum required may be enlarged provided the addition does not further reduce 349 the existing front yard setback and complies with all other applicable 350 requirements of Title 21A. 351 b. Corner side yards: A principal building with a corner side yard setback that is 352 less than the minimum required may be enlarged provided the addition does not 353 further reduce the existing corner side yard setback and complies with all other 354 applicable requirements of Title 21A. 355 c. Interior side yards: Additions to a principal structure with noncomplying side 356 yard setback(s) are permitted as follows: 357 11 LEGISLATIVE DRAFT 358 (1) Single story additions are permitted to follow the existing setback line 359 provided the following standards are complied with: 360 361 i. The exterior wall height of the addition is equal to or less than the exterior 362 wall height of the existing building. When a cross slope exists along the 363 exterior wall, the interior floor to ceiling height of the addition shall match 364 the interior floor to ceiling height of the existing building. 365 ii. The addition may extend the noncomplying exterior wall of the building 366 up to 20% of the length of the existing wall. This shall be a one-time 367 addition and no further additions are permitted. 368 369 (2) Two story or greater additions shall comply with the side yard setback 370 requirement(s) and maximum wall height as specified in the underlying zone. 371 (3) In determining if a side yard is noncomplying, the narrower of the two side 372 yards shall be interpreted to be the narrower side yard required in the 373 underlying zoning district. 374 (4) All other provisions of the underlying zoning district and any applicable 375 overlay zoning district shall apply. 376 377 d. Rear yards. A principal building noncomplying to rear yard setbacks may be 378 expanded provided the expansion follows an existing noncomplying building wall 379 and does not result in a decrease of the existing rear yard setback and complies 380 with side and corner side yard setbacks of the underlying zoning district. If the 381 building does not comply with the existing side or corner side yard setback, the 382 expansion shall be permitted to extend to the side or corner side yard setback of 383 the underlying zone. 384 2. Noncomplying as to Height: A principal structure that exceeds the maximum height 385 of the underlying zoning district may be expanded at the existing height of the 386 building provided the setbacks of the underlying zoning district are complied with. 387 388 SECTION 19. Amending the text of Salt Lake City Code Subsection 21A.38.050.F 389 (Replacement or Reconstruction of a Noncomplying Structure) as follows: 390 F. The replacement or reconstruction of any existing noncomplying portion of a principal 391 structure or full replacement of a noncomplying accessory structure is subject to the 392 special exception standards of subsection 21A.52.030A19 of this title permitted provided 393 the replacement is in the same location or in a location that reduces the degree of 394 noncompliance and is of substantially the same dimension. Enlarging a full replacement 395 of a noncomplying accessory structure is permitted provided the enlarged section 396 complies with all setback, height, maximum square feet, and lot or yard coverage 397 requirements. 398 12 LEGISLATIVE DRAFT 399 SECTION 20. Amending the text of Salt Lake City Code Section 21A.38.060 400 (Noncomplying Lots) as follows: 401 21A.38.060: NONCOMPLYING LOTS: 402 Subdividing Lots Containing Two or More Separate Principal Buildings: Lots that contain 403 two or more separate principal buildings on a single parcel may be subdivided to place each 404 structure on a separate lot subject to the following provisions: 405 406 A. The properties shall be subdivided by recording of a plat. 407 B. The proposed lots are exempt from the minimum lot area, lot width, lot coverage, and 408 street frontage requirements of the underlying zoning district; 409 C. The proposed setbacks shall be reviewed and approved by the Planning Director after 410 consultation with applicable city departments; 411 D. The proposed subdivision plat shall identify the front, corner side, interior side, and 412 rear yards for the purpose of future development. 413 E. Parking may be located anywhere within the proposed subdivision except front yards 414 (unless already existing) and shall not be reduced below the existing off-street 415 parking 416 F. All lots that are part of the subdivision must include adequate access to a public 417 street. Adequate access shall include pedestrian walkways and when off-street 418 parking is required, vehicle access and parking. 419 G. All necessary easements for access and utilities are shown on the plat. A note shall 420 be added to indicate responsibility for maintenance of shared access and utilities. 421 H. All other applicable regulations of the Salt Lake City Code shall apply. 422 423 A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the 424 effective date of any amendment to this title that makes the existing lot noncomplying shall 425 be considered a legal complying lot and is subject to the regulations of this title. Any 426 noncomplying lot not approved by the city that was created prior to January 13, 1950, may be 427 approved as a legal noncomplying lot subject to the lot meeting minimum zoning 428 requirements at the time the lot was created and documented through an updated zoning 429 certificate for the property. 430 431 Any noncomplying lot not approved by the city that was created on or between January 13, 432 1950 to April 12, 1995, may be approved as a legal noncomplying lot subject to the lot 433 meeting minimum zoning and subdivision requirements at the time the lot was created and 434 documented through an updated zoning certificate for the property. 435 436 Noncomplying lots may be combined to create a conforming lot or more conforming lot 437 subject to any maximum lot size standards of the zoning district in which the lot is located. 438 13 LEGISLATIVE DRAFT 439 SECTION 21. Amending the text of Salt Lake City Code Section 21A.38.070 (Legal 440 Conforming Single-Family Detached Dwelling, Two-Family Dwellings, and Twin Homes) as 441 follows: 442 Any legally existing single-family detached dwelling, two-family dwelling, or twin home 443 located in a zoning district that does not allow these uses shall be considered legal 444 conforming. Legal conforming status shall authorize replacement of the single-family 445 detached dwelling, two-family dwelling, or twin home structure to the extent of the original 446 footprint. 447 448 A. Alterations, Additions Oor Extensions Oor Replacement Structures Greater Than Tthe 449 Original Footprint: In zoning districts other than M-1 and M-2, which do not allow 450 detached single-family dwelling units, two-family dwelling units or twin homes, any 451 alterations, extensions/additions or the replacement of the structure may exceed the 452 original footprint by twenty five percent (25%) of the existing structure subject to the 453 following standards: 454 455 1. Any alterations, extensions/additions or the replacement structure shall not project 456 into a required yard beyond any encroachment established by the structure being 457 replaced. 458 2. Any alterations, additions or extensions beyond the original footprint which are 459 noncomplying are subject to special exception standards of subsection 460 21A.52.030A15 of this title. 461 3. All replacement structures in nonresidential zones are subject to the provisions of 462 sSection 21A.36.190, “Residential Building Standards Ffor Legal Conforming 463 Single-Family Detached Dwellings, Two-Family Dwellings Aand Twin Homes Iin 464 Nonresidential Zoning Districts”, of this title. 465 466 Any alterations, additions or extensions or replacement structures which exceed 467 twenty five percent (25%) of the original footprint, or alterations, additions or 468 extensions or replacement of a single-family detached dwelling, two-family dwelling 469 or twin home in an M-1 or M-2 zoning district may be allowed as a conditional use 470 subject to the provisions of chapter 21A.54 of this title. 471 472 B. Off Street Parking: When replacing a legal conforming single- family detached dwelling, 473 two-family dwelling or twin home, the number of new parking stalls provided shall be 474 equal to or more than the number of parking stalls being replaced. The maximum number 475 of outdoor parking stalls shall be four (4) parking stalls per dwelling unit 476 477 SECTION 22. Adopting a new Section 21A.38.075 (Unit Legalizations) to the text of the 478 Salt Lake City Code as follows: 14 LEGISLATIVE DRAFT 479 21A.38.075: UNIT LEGALIZATIONS: 480 A. Purpose: The purpose of this subsection is to implement the existing Salt Lake City 481 community housing plan by providing a process that gives owners of property with one 482 or more excess dwelling units not recognized by the city an opportunity to legalize such 483 units based on the standards set forth in this section. The intent is to maintain existing 484 housing stock in a safe manner that contributes to the vitality and sustainability of 485 neighborhoods within the city. 486 B. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this 487 section shall comply with the following standards: 488 489 1. The dwelling unit existed prior to April 12, 1995. In order to determine whether a 490 dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide 491 documentation thereof which may include any of the following: 492 493 a. Copies of lease or rental agreements, lease or rent payments, or other similar 494 documentation showing a transaction between the unit owner and tenants; 495 b. Evidence indicating that prior to April 12, 1995, the city issued a building permit, 496 business license, zoning certificate, or other permit relating to the dwelling unit in 497 question; 498 c. Utility records indicating existence of a dwelling unit; 499 d. Historic surveys recognized by the planning director as being performed by a 500 trained professional in historic preservation; 501 e. Notarized affidavits from a previous owner, tenant, or neighbor; 502 f. Polk, Cole, or phone directories that indicate existence of the dwelling unit (but 503 not necessarily that the unit was occupied); or 504 g. Any other documentation that the owner is willing to place into a public record 505 which indicates the existence of the excess unit prior to April 12, 1995. 506 507 2. The excess unit has been maintained as a separate dwelling unit since April 12, 1995. 508 In order to determine if a unit has been maintained as a separate dwelling unit, the 509 following may be considered: 510 511 a. Evidence listed in Subsection B.1 of this section indicates that the unit has 512 been occupied at least once every 5 calendar years; 513 b. Evidence that the unit was marketed for occupancy if the unit was unoccupied 514 for more than 5 consecutive years; 515 c. If evidence of maintaining a separate dwelling unit as required by Subsection 516 B.1 of this section cannot be established, documentation of construction 517 upgrades may be provided in lieu thereof. 518 d. Any documentation that the owner is willing to place into a public record 519 which provides evidence that the unit was referenced as a separate dwelling 520 unit at least once every 5 years. 15 LEGISLATIVE DRAFT 521 522 C. Conditions of Approval: Any approved unit legalization shall be subject to the following 523 conditions: 524 525 1. The unit owner shall allow the city’s building official or designee to inspect the 526 dwelling unit to determine whether the unit substantially complies with basic life 527 safety requirements as provided in Title 18, Chapter 18.50, “Existing Residential 528 Housing”, of this code. 529 2. All required corrections indicated during the inspection process must be completed 530 within 1 year unless granted an extension by the Building Official. 531 532 D. Application: A determination of non-conforming use application, provided by the zoning 533 administrator, shall be required to legalize unrecognized dwelling units. 534 535 536 SECTION 23. Amending the text of Salt Lake City Code Section 21A.40.040 “Use 537 Limitations” as follows: 538 21A.40.040: USE LIMITATIONS: 539 540 In addition to the applicable use limitations of the district regulations, no accessory use, 541 building or structure shall be permitted unless it complies with the restrictions set forth 542 below: 543 544 A. An accessory use, building or structure shall be incidental and subordinate to the 545 principal use or structure in area, extent and purpose; 546 B. An accessory use, building or structure shall be under the same ownership or control 547 as the principal use or structure, and shall be, except as otherwise expressly 548 authorized by the provisions of this title, located on the same lot as the principal use 549 or structure; 550 C. No accessory use, building or structure shall be established or constructed before the 551 principal use is in operation or the structure is under construction in accordance with 552 these regulations; and 553 D. No commercial sign, except as expressly authorized by this chapter or by the 554 provisions of cChapter 21A.46 of this title, shall be maintained in connection with an 555 accessory use or structure. 556 E. An accessory use shall be permitted if it is routinely and customarily associated with 557 the principal use and not otherwise prohibited by this title. For residential uses, this 558 includes accessory uses that are customarily associated with a dwelling, such as home 559 office, outdoor living space, pool houses, storage, personal use, hobbies, and other 560 similar uses but does not include short term rentals or other uses not allowed in the 561 zoning district. 562 563 16 LEGISLATIVE DRAFT 564 SECTION 24. Amending the text of Salt Lake City Code Subsection 21A.40.050.A as 565 follows: 566 A. Location Oof Accessory Buildings Iin Required Yards: 567 1. Front Yards: Accessory buildings are prohibited in any required front yard and shall 568 be set back at least as far as the principal building when the principal building 569 exceeds the required front yard setback. Notwithstanding the foregoing, hoop houses 570 and cold frame structures up to twenty four 24 inches (24”) in height may be placed 571 in a front yard. 572 2. Corner Lots: No accessory building on a corner lot shall be closer to the street than 573 the distance required for corner side yards. At no time, however, shall an accessory 574 building be closer than twenty 20 feet (20’) to a public sidewalk or public 575 pedestrianway and the accessory building shall be set back at least as far as the 576 principal building. Notwithstanding the foregoing, hoop houses and cold frame 577 structures up to twenty four 24 inches (24”) in height may be placed in a corner side 578 yard. 579 3. Side Yards: Accessory buildings are prohibited in any required interior side yard; 580 however, hoop houses, greenhouses, and cold frame structures associated solely with 581 growing food and/or plants are allowed in an interior side yard but no closer than one 582 foot (1’) to the corresponding lot line. If an addition to residential buildings results in 583 an existing accessory building being located in a side yard, the existing accessory 584 building shall be permitted to remain, subject to maintaining a four 4 foot (4’) 585 separation from the side of the accessory building to the side of the residential 586 building, as required in sSubsection A.4.b of this section. 587 588 4. Rear Yards: Location of accessory buildings in a rear yard shall be as follows: 589 590 a. In residential districts, no accessory building shall be closer than one foot (1’) to a 591 side or rear lot line except when sharing a common wall with an accessory 592 building on an adjacent lot. In nonresidential districts, buildings may be built to 593 side or rear lot lines in rear yards, provided the building complies with all 594 applicable requirements of the adopted building code. 595 b. No portion of the accessory building shall be built closer than four 4 feet (4’) to 596 any portion of the principal building; excluding cold frames associated solely with 597 growing food and/or plants. 598 c. Garages on 2 or more properties that are intended to provide accessory building 599 use for the primary occupants of the properties, in which the garage is located, 600 may be constructed in the rear yards, as a single structure subject to compliance 601 with adopted building code regulations and the size limits for accessory buildings 602 on each property as indicated herein. 603 604 5. Accessory Oor Principal Lot: No portion of an accessory building on either an 605 accessory or principal lot may be built closer than ten10 feet (10’) to any portion of a 606 principal residential building on an adjacent lot when that adjacent lot is in a 17 LEGISLATIVE DRAFT 607 residential zoning district; excluding hoop houses, greenhouses, and cold frames 608 associated solely with growing food and/or plants. 609 610 6. Double Frontage Lots: Accessory structures and buildings located on a property 611 where both the front and rear yards have frontage on a street may be located in a front 612 yard provided the accessory building or structure: 613 a. Is located in a provided yard that is directly opposite the front yard where the 614 primary entrance to the principal building is located; 615 b. Is in a location that is consistent with other accessory building locations on the 616 block; 617 c. Complies with any clear view triangle requirements of this title; and 618 d. Complies with all other accessory building and structure requirements of this title. 619 620 SECTION 25. Amending the text of Salt Lake City Code Subsection 21A.40.050.C 621 (Maximum Height of Accessory Structures) as follows: 622 C. Maximum Height Oof Accessory Buildings/Structures: 623 624 1. Accessory Tto Residential Uses Iin Tthe FP District, RMF Districts, RB, R-MU 625 Districts, SNB Aand Tthe RO District: The height of accessory buildings/structures in 626 residential districts are measured from established grade to the highest point of the 627 accessory building and shall conform to the following: 628 629 a. The height of accessory buildings structures with flat roofs shall not exceed 630 twelve12 feet (12’). The height of flat roof structures may be increased up to 75% 631 of the height of the principal structure, not to exceed 15 feet provided the setbacks 632 increases one foot for every one foot of building height above 12 feet. 633 b. The height of accessory buildings structures with pitched roofs shall not exceed 634 17 seventeen feet (17’) measured to the midpoint of the roof. The height of 635 pitched roof structures may be increased up to 75% of the height of the principal 636 structure, not exceed 21 feet provided the setbacks increase one foot for every one 637 foot of structure height above 17 feet. ; and 638 c. Accessory buildings with greater building height may be approved as a special 639 exception, pursuant to chapter 21A.52 of this title. 640 641 2. Accessory Tto Residential Uses Iin Tthe FR, R-1 Districts, R-2 District Aand SR 642 Districts: The height of accessory buildings/structures in the FR districts, R-1 643 districts, R-2 district and SR districts are measured from established grade to the 644 highest point of the accessory structure and shall conform to the following: 645 646 a. The height of accessory buildings structures with flat roofs shall not exceed 647 twelve 12 feet (12’); nine9 feet (9’) measured from established grade in the SR- 648 1A zoning district. The height of flat roof structures may be increased up to 75% 649 of the height of the principal structure, not to exceed 15 feet or 11 feet in the SR- 18 LEGISLATIVE DRAFT 650 1A zoning district provided the setbacks are increased one foot for every one foot 651 of building height above 12 feet or 9 feet in the SR-1A zoning district. 652 b. The height of accessory buildings structures with pitched roofs shall not exceed 653 seventeen17 feet (17’) measured as the vertical distance between the top of the 654 roof and the established grade at any given point of building coverage. In the SR- 655 1A zoning district the height of accessory buildings structures with pitched roofs 656 shall not exceed 14fourteen feet (14’). The height of pitched roof structures may 657 be increased up to 75% of the height of the principal structure, not to exceed 21 658 feet or 15 feet in the SR-1A zoning district provided the setbacks are increased 659 one foot for every one foot of building height above 17 feet or 15 feet in the SR- 660 1A zoning district.; and 661 c. Accessory buildings with greater building height may be approved as a special 662 exception, pursuant to chapter 21A.52 of this title, if the proposed accessory 663 building is in keeping with other accessory buildings on the block face. 664 665 SECTION 26. Amending the text of Salt Lake City Code Section 21A.40.065 (Outdoor 666 Dining) as follows: 667 21A.40.065: OUTDOOR DINING: 668 669 “Outdoor dining”, as defined in cChapter 21A.62 of this title, shall be allowed within the 670 buildable lot area, in all in any zoning districts where such restaurant and retail uses are 671 allowed, as either a permitted or conditional use. Outdoor dining in the public way shall be 672 permitted subject to all City requirements.subject to the provisions of this section: 673 674 A. Where allowed: 675 676 1. Within the buildable lot area; 677 2. Within a required or provided front or corner side yard; 678 3. Within a required side yard provided: the outdoor dining is setback a minimum of 679 10 feet when adjacent to a residential zoning district that does not permit 680 restaurants or retail uses. Properties separated by an alley are not considered 681 adjacent for the purpose of this section. 682 4. Within a required rear yard provided the outdoor dining is setback a minimum of 683 10 feet when adjacent to a residential zoning district that does not permit 684 restaurants or retail uses. Properties separated by an alley are not considered 685 adjacent for the purpose of this section. 686 5. Within a public right of way or an adjacent public property subject to all 687 applicable lease agreements, applicable regulations, and the outdoor dining design 688 guidelines. 689 690 B. Outdoor dining is allowed within the required landscaped yard or buffer area, in 691 commercial and manufacturing zoning districts where such uses are allowed. Outdoor 19 LEGISLATIVE DRAFT 692 dining is allowed in the RB, CN, MU, R-MU, RMU-35 and the RMU-45 Zones and 693 for nonconforming restaurants and similar uses that serve food or drinks through the 694 provisions of the special exception process (see chapter 21A.52 of this title). All 695 outdoor dining shall be subject to the following conditions: 696 697 A1.All applicable requirements of cChapter 21A.48 and sSection 21A.36.020 of this 698 title are met. 699 B2.All required business, health and other regulatory licenses for the outdoor dining 700 have been secured. 701 C3.A detailed site plan demonstrating the following: 702 703 1a. All the proposed outdoor dining activities will be conducted on private 704 property owned or otherwise controlled by the applicant and that none of the 705 activities will occur on any publicly owned rights-of-way unless separate 706 approval for the use of any such public rights-of-way has been obtained from 707 the Ccity; 708 2. The location of any paving, landscaping, planters, fencing, canopies, 709 umbrellas or other table covers or barriers surrounding the area; 710 3. The proposed outdoor dining will not impede pedestrian or vehicular traffic; 711 and 712 4b. The main entry has a control point as required by Sstate liquor laws. 713 714 D4.The proposed outdoor dining complies with all conditions pertaining to any 715 existing variances, conditional uses or other approvals granted for property. 716 E5.Live music will not be performed, nor loudspeakers played in the outdoor dining 717 area unless the decibel level is within conformance with the Salt Lake City noise 718 control ordinance, tTitle 9, cChapter 9.28 of this Ccode. Live music and 719 loudspeakers are prohibited outside between the hours of 9:00 pm and 9:00 am 720 when the property is adjacent to a residential zoning district. 721 F6.No additional parking is required unless the total outdoor dining area ever exceeds 722 five hundred (500) square feet. Parking for outdoor dining areas in excess of five 723 hundred (500) square feet is required at a ratio of two (2) spaces per one thousand 724 (1,000) square feet of outdoor dining area. No additional parking is required in the 725 D-1, D-2, D-3, D-4, TSA, or G-MU Zone. Outdoor dining shall be considered an 726 expansion of the use for the purpose of determining if additional parking is 727 required as stated in Chapter 21A.44 (Parking). 728 G7.Smoking shall be prohibited within the outdoor dining area and within twenty 729 five25 feet (25’) of the outdoor dining area. 730 H. The proposed outdoor dining complies with the environmental performance 731 standards as stated in section 21A.36.180 of this title. 732 I. Outdoor dining shall be located in areas where such use is likely to have the least 733 adverse impacts on adjacent properties. 734 20 LEGISLATIVE DRAFT 735 SECTION 27. Amending the text of Salt Lake City Code Subsection 21A.40.090.D 736 (Amateur Radio Facilities With Surface Area Exceeding Ten Square Feet) as follows: 737 D. Amateur Radio Facilities With Surface Area Exceeding Ten 10 Square Feet: Any antenna 738 and antenna support having a combined surface area greater than ten (10) square feet or 739 having any single dimension exceeding twelve 12 feet (12’) that is capable of 740 transmitting as well as receiving signals and is licensed by the Federal Communications 741 Commission as an amateur radio facility shall be permitted as an accessory use, but only 742 in compliance with the regulations set forth below: 743 744 1. Number Limited: No more than one such antenna or antenna support structure with a 745 surface area greater than ten (10) square feet or any single dimension exceeding 746 twelve12 feet (12’) may be located on any lot. 747 2. Height Limited: No such antenna and its support structure shall, if ground mounted, 748 exceed seventy five75 feet (75’) in height or, if attached to a building pursuant to 749 sSubsection D.3 of this section, the height therein specified. 750 3. Attachment Tto Buildings Limited: No such antenna or its support structure shall be 751 attached to a principal or accessory structure unless all of the following conditions are 752 satisfied: 753 754 a. Height: The antenna and its support structure shall not extend more than twenty 755 20 feet (20’) above the highest point of the building on which it is mounted. 756 b. Mounting: The antenna and its support structure shall not be attached to or 757 mounted upon any building appurtenance, such as a chimney. The antenna and its 758 support structure shall not be mounted or attached to the front or corner side of 759 any principal building facing a street, including any portion of the building roof 760 facing any street. The antenna and its support structure shall be designed to 761 withstand a wind force of eighty (80) miles per hour without the use of supporting 762 guywires. 763 c. Grounding: The antenna and its support structure shall be bonded to a grounding 764 rod. 765 d. Other Standards: The antenna and its support structure shall satisfy such other 766 design and construction standards as the Zoning Administrator determines are 767 necessary to ensure safe construction and maintenance of the antenna and its 768 support structure. 769 e. Special Exception For Increased Height: Any person desiring to erect an amateur 770 (“ham”) radio antenna in excess of seventy five feet (75’) shall file an application 771 for a special exception with the Zoning Administrator pursuant to chapter 21A.52 772 of this title. In addition to the other application regulations, the application shall 773 specify the details and dimensions of the proposed antenna and its supporting 774 structures and shall further specify why the applicant contends that such a design 775 and height are necessary to accommodate reasonably amateur radio 776 communication. The Zoning Administrator shall approve the proposed design and 777 height unless the Zoning Administrator finds that a different design and height 778 which is less violative of the City’s demonstrated health, safety or aesthetic 21 LEGISLATIVE DRAFT 779 considerations also accommodates reasonably amateur radio communication and, 780 further, that the alternative design and height are the minimum practicable 781 regulation necessary to accomplish the City’s actual and demonstrated legitimate 782 purposes. The burden of proving the acceptability of the alternative design shall 783 be on the City. 784 785 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.40.090.E.3.b 786 (Electrical Equipment Located on Private Property) as follows: 787 b. Electrical Equipment Located Oon Private Property: Electrical equipment shall be subject 788 to the following standards: located in the rear yard, interior side yard, or within the 789 buildable area on a given parcel. In the case of a parcel with an existing building, the 790 electrical equipment shall not be located between the front and/or corner street facing 791 building facades of the building and the street. 792 793 Electrical equipment located in a residential zoning district, shall not exceed a width of 794 four feet (4’), a depth of three feet (3’), or a height of four feet (4’) to be considered a 795 permitted use if located outside of an enclosed building. Electrical equipment exceeding 796 these dimensions shall be located inside of an enclosed building. 797 798 Electrical equipment located in all other CN, PL, PL-2, CB, I or OS Zoning Districts 799 shall not exceed a width of six feet (6’), a depth of three feet (3’), or a height of six feet 800 (6’) to be considered a permitted use if located outside of an enclosed building. Electrical 801 equipment exceeding these dimensions shall be located inside of an enclosed building. 802 803 Electrical equipment exceeding the dimensions listed above shall be reviewed 804 administratively as a special exception per chapter 21A.52 of this title. 805 806 The electrical equipment and any necessary building shall be subject to the maximum lot 807 coverage requirements in the underlying zoning district. 808 (1) Located in a rear yard, interior side yard, or within the building area of the lot. 809 (2) If located in a zoning district without a require front or corner side yard setback, the 810 equipment shall be located a minimum of 10 feet from the front or corner side yard 811 property line. 812 (3) Located a minimum of 4 feet from a side or rear property line unless located in an 813 enclosed structure or a vault where the equipment will not be visible. 814 (4) If the equipment is located next to a public trail, park, open space, or other public 815 space other than a street, the equipment shall be screened by a masonry wall or solid 816 fence so the equipment is not visible. 817 (5) The electrical equipment and any structure associated with the electrical equipment is 818 subject to the maximum lot coverage of the underlying zoning district. 819 22 LEGISLATIVE DRAFT 820 SECTION 29. Amending Section 21A.40.100 (Mechanical Equipment) to the text of 821 Salt Lake City Code as follows: 822 21A.40.100: RESERVED: LOCATION OF MECHNICAL EQUIPMENT: 823 824 All mechanical equipment shall be located as follows: 825 A. Front and Corner Side Yards and Double Frontage Lots: Only allowed if located 826 within 4 feet of the principal building and screened by vegetation, a solid wall or 827 fence so the equipment is not visible and at least 10 feet from the front and corner 828 side yard property lines. 829 B. Side Yards: At least 4 feet from a side property line. If the equipment is adjacent to a 830 driveway, parking stall, or accessory structure on an adjacent parcel, the setback may 831 be reduced to 2 feet. 832 C. Rear Yards: at least 4 feet from a rear property line. If the equipment is adjacent to a 833 driveway, parking stall, or accessory structure on an adjacent parcel, the setback may 834 be reduced to two feet. 835 D. Prohibited Areas: in addition to the yard requirements above, mechanical equipment 836 is prohibited to be located on the roof of an accessory structure, with the exception of 837 exhaust fans and mechanical vents serving the accessory building in which case the 838 fans or vents shall be at least 10 feet from a property line. 839 840 SECTION 30. Amending the text of Salt Lake City Code Subsection 21A.40.120.I 841 (Barbed Wire Fences) as follows: 842 I. Barbed Wire Fences: 843 844 1. Permitted Use: Barbed wire fencing is allowed as a permitted use in the following 845 instances: 846 847 1. AG, AG-2, AG-5, AG-20, A, CG, M-1, and M-2 and D-2 districts and to secure 848 critical infrastructure located in any other zoning district not listed subject to the 849 following requirements. Critical infrastructure includes sites that are necessary to 850 protect the facility or site for the purpose of public health and safety. Barbed wire is 851 also permitted to secure construction sites and sites where construction is pending 852 provided it is removed once construction is complete. 853 2. Barbed wire fences shall be subject to the following provisions: 854 855 a. Not allowed in a provided or required front yard. 856 b. The barbed wire is permitted to exceed the maximum fence height. 857 c. No strand of barbed wire shall be permitted less than 7 feet in height above the 858 ground except for agricultural purposes provided the barbed wire is vertically 859 aligned. 23 LEGISLATIVE DRAFT 860 d. No more than 3 strands of barbed wire are permitted. 861 e. The barbed wire strands shall not slant outward from the fence more than 60 862 degrees from a vertical line. 863 f. All barbed wire shall be setback a minimum of 3 feet from public property. 864 g. The barbed wire is not located along a property line shared with a residential use 865 when the subject property is in a CG zoning district. 866 2. Special Exception: Barbed wire fencing may be approved for nonresidential uses as a 867 special exception pursuant to chapter 21A.52 of this title, in all zoning districts except 868 for those listed above as permitted uses. The planning commission may approve as 869 special exceptions, the placement of barbed wire fences, for security reasons, or for 870 the keeping out of animals around nonresidential properties, transformer stations, 871 microwave stations, construction sites or other similar publicly necessary or 872 dangerous sites, provided the requested fence is not in any residential district and is 873 not on or near the property line of a lot which is occupied as a place of residence. 874 3. Location Requirements: Barbed wire fencing shall not be allowed in required front 875 yard setbacks nor along frontages on streets defined as gateway streets in Salt Lake 876 City’s adopted urban design element master plan. 877 4. Special Design Regulations: No strand of barbed wire shall be permitted less than six 878 feet (6’) high. No more than three (3) strands of barbed wire are permitted. The 879 barbed wire strands shall not slant outward from the fence more than sixty degrees 880 (60°) from a vertical line. No barbed wire strand shall project over public property. If 881 the barbed wire proposed slants outward over adjoining private property the applicant 882 must submit written consent from adjoining property owner agreeing to such a 883 projection over the property line. 884 5. Special Exception Approval Standards: The planning commission may approve, as a 885 special exception, the building permit for a barbed wire fence if it is found that the 886 applicant has shown that the fence is reasonably necessary for security in that it 887 protects people from dangerous sites and conditions such as transformer stations, 888 microwave stations or construction sites. 889 890 SECTION 31. Amending the text of Salt Lake City Code Subsection 21A.40.120.J 891 (Razor Wire Fences) as follows: 892 J. Razor Wire Fences: 893 894 Razor wire fencing is allowed as a permitted use in the M-1, M-2 and EI zoning districts 895 and to secure critical infrastructure structures and sites located in any other zoning district 896 subject to the following requirements. Critical infrastructure includes sites that are 897 necessary to protect the facility or site for the purpose of public health and safety. 898 899 1. Special Exception: Razor wire fencing may be approved for nonresidential uses as a 900 special exception pursuant to chapter 21A.52 of this title, in the A, CG, D-2, M-1 and 901 M-2 zoning districts. The planning commission may approve as a special exception 24 LEGISLATIVE DRAFT 902 the placement of razor wire fences, for security reasons, around commercial or 903 industrial uses, transformer stations, microwave stations, or other similar public 904 necessity or dangerous sites; provided, that the requested fence is not on the property 905 line of a lot which is occupied as a place of residence. Razor wire is not allowed in a 906 provided or required front or corner side yard. 907 2. Location Requirements: Razor wire fencing shall not be allowed in required front or 908 corner side yard setback Razor wire is permitted to exceed the maximum fence height 909 to a height necessary to reasonably secure the site. 910 3. Special Design Regulations: No strand of razor wire shall be permitted on a fence that 911 is less than seven7 feet (7’) high. Razor wire coils shall not exceed eighteen18 inches 912 (18”) in diameter and must slant inward from the fence to which the razor wire is 913 being attached. 914 4. Special Exception Approval Standards: The planning commission may approve razor 915 wire fencing if the commission finds that the applicant has shown that razor wire is 916 necessary for the security of the property in question. All razor wire shall be setback a 917 minimum of 3 feet from public property in zoning districts that do not have a 918 minimum setback. 919 920 SECTION 32. Amending the text of Salt Lake City Code Subsection 21A.40.120.L 921 (Electric Security Fences) as follows: 922 L. Electric Security Fences: 923 924 1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 and 925 M-2 zones. Electric security fences on parcels or lots that abut a residential zone are 926 prohibited. 927 2. Special Exception: Electric security fences on parcels or lots adjacent to a commercial 928 zone may be approved as a special exception pursuant to the requirements in chapter 929 21A.52 of this title. 930 23. Location Requirements: Electric security fences shall not be allowed in required front 931 yard setbacks or on frontages adjacent to residentially zoned properties. 932 34. Compliance With Adopted Building Codes: Electric security fences shall be 933 constructed or installed in conformance with all applicable construction codes. 934 45. Perimeter Fence Oor Wall: No electric security fence shall be installed or used unless 935 it is fully enclosed by a nonelectrical fence or wall that is not less than six6 feet (6’) 936 in height. There shall be at least one foot (1’) of spacing between the electric security 937 fence and the perimeter fence or wall. 938 56. Staging Area: All entries to a site shall have a buffer area that allows on site staging 939 prior to passing the perimeter barrier. The site shall be large enough to accommodate 940 a vehicle completely outside of the public right of way. 941 67. Height: Electric security fences shall have a maximum height of ten10 feet (10’). 942 78. Warning Signs: Electric security fences shall be clearly identified with warning signs 943 that read: “Warning-Electric Fence” at intervals of not greater than sixty60 feet (60’). 944 Signs shall comply with requirements in cChapter 21A.46, “Signs”, of this title. 25 LEGISLATIVE DRAFT 945 89. Security Box: Electric security fences shall have a small, wall mounted safe or box 946 that holds building keys for police, firefighters and EMTs to retrieve in emergencies. 947 948 949 SECTION 33. Amending the text of Salt Lake City Code Section 21A.40.130 (Access 950 for Persons with Disabilities) as follows: 951 21A.40.130: ACCESS FOR PERSONS WITH DISABILITIES: 952 953 Building permits for an uncovered vertical wheelchair lift, or for an uncovered access ramp, 954 for persons with disabilities, under four 4 feet (4’) in height, or any other form of uncovered 955 access, for persons with disabilities, under four 4 feet (4’) in height, that encroaches into 956 required yard areas, may be approved by the Zzoning Aadministrator as a permitted 957 accessory structure. Covered ramps or other access structures for persons with disabilities 958 that encroach into required yard areas, shall be considered as a reasonable accommodation 959 under applicable federal regulations approved, pursuant to chapter 21A.52 of this title. 960 Application for a special exception for an access structure for persons with disabilities shall 961 not require the payment of any application fees. 962 963 SECTION 34. Amending the text of Salt Lake City Code Section 21A.40.160 (Ground 964 Mounted Utility Boxes) as follows: 965 21A.40.160: GROUND MOUNTED UTILITY BOXES: 966 967 A. Purpose: Utility infrastructure provides a necessary service to the community. The 968 regulations of this section are intended to allow for ground mounted utility boxes while 969 reducing the negative impacts they may create. Of concern are the location, size and 970 concentration of ground mounted utility boxes. The placement of ground mounted utility 971 boxes should consider the location priority order below: 972 973 1. In a location not readily visible from a street. 974 2. Along an alley when the utility box will not impede or reduce the functional width of 975 the alley. In an alley located along the rear of adjacent properties. 976 3. In a nonresidential location that may be visible from a street. 977 4. In the park strip of a nonresidential property. 978 5. In the park strip of a residential property. 979 980 B. Compliance With Regulations Required: All ground mounted utility boxes shall be 981 subject to the regulations of this section and any applicable requirement in Title 21A, 982 unless exempted within sSection 21A.02.050 of this title and any applicable adopted code 983 and regulation. The location and access for maintenance of all required utility 984 infrastructure is subject to approval by the utility provider and complying with all 26 LEGISLATIVE DRAFT 985 applicable adopted codes and regulations. No construction shall be undertaken without 986 the applicable city permits and public way permits. 987 C. Definition: “Ground mounted utility boxes” shall mean such equipment and facilities, 988 including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities and 989 associated equipment that extend over six inches (6”) above ground level used for the 990 transmission or distribution of utilities. 991 DC. Location: Ground mounted utility boxes shall be located as required by this section. Any 992 ground mounted utility box shall not be located within one foot (1’) of any sidewalk or 993 eighteen inches (18”) from the face of a control curb or obstruct any required sight 994 distance triangles for driveways and intersections. 995 996 1. On the subject parcel or an adjacent parcel when part of new construction or as an 997 addition to an existing building that requires additional utility service subject to the 998 following standards: 999 1000 a. Rear and Side Yards: the ground mounted utility box shall be located a minimum 1001 of one foot from a side or rear property line. 1002 b. Front and Corner Side Yards: The ground mounted utility box shall be located 1003 within 5 feet of the building façade when located in required or provided front or 1004 corner side yard and at least one foot from a front or corner side yard property 1005 line. Utility boxes in a front or corner side yard shall be screened by a wall, fence, 1006 or hedge of at least equal height not to exceed the maximum height for a wall or 1007 fence allowed in the applicable yard. 1008 c. Ground mounted utility box(es) may be placed in a required landscaped yard if 1009 screened by a wall, fence or hedge of at least equal height not to exceed the 1010 maximum height for a wall or fence allowed in the applicable yard. 1011 d. If proposed on an adjacent parcel, an easement shall be provided for the utility 1012 boxes and associated equipment along with consent from the owner of the 1013 adjacent parcel. 1014 1015 2. In a public right of way if each of the following criteria are satisfied: 1016 1017 a. There is an existing building on the subject property that is located in a manner 1018 that prohibits the placement of required utility infrastructure on the property; 1019 b. There is no existing front yard, corner side yard, interior side yard, or rear yard of 1020 sufficient size to accommodate ground mounted utility box(es) and access for 1021 maintenance, as required by the utility provider, of the box(es) within the yard. A 1022 right of way may be used to accommodate necessary working space; 1023 c. There is not an alley adjacent to the subject property that provides sufficient 1024 access as required by the utility provider to a yard of sufficient size to 1025 accommodate ground mounted utility box(es). If the alley is not a public alley, 1026 necessary permissions and easements must be provided; 1027 d. The existing utilities are not being relocated to support an expansion of the use or 1028 building or for any new use or accessory use on the property; 1029 e. The ground mounted utility box will not negatively impact any existing or 1030 planned public improvement within the right of way; 27 LEGISLATIVE DRAFT 1031 f. The ground mounted utility box is located at least 10 feet away from any tree in 1032 the right of way; 1033 g. The ground mounted utility box(es) comply with all requirements of Chapter 1034 14.32 or its successor; and 1035 h. The applicant has provided to the city and the utility provider the dimensions and 1036 space requirements necessary for the utility needs, as determined by the utility 1037 provider, of the proposed development. 1038 1039 3. In a public right of way when the ground mounted utility box is necessary to provide 1040 utility service to the broader neighborhood, the location is consistent with any legal 1041 agreement between the utility provider and the city, and the proposed utility box 1042 complies with all applicable regulations. 1043 4. The city engineer may issue a permit for the installation of a ground mounted utility 1044 box in the public right of way in accordance with standards set forth in this section 1045 and Title 14, Chapter 14.32 of this code. 1046 E. Allowed Ground Mounted Utility Boxes: Ground mounted utility boxes proposed as 1047 follows shall be allowed in all zoning districts subject to subsection D of this section. 1048 1049 1. Private Property: On private property with permission of the property owner or 1050 representative at one of the following locations 1051 1052 a. Below grade utility boxes that do not extend greater than six inches (6”) above 1053 ground level. 1054 b. Within the buildable area of a lot, rear yard or side yard. 1055 c. Behind required front and corner side yards or within five feet (5’) of a building 1056 when front and corner side yards are not required. 1057 d. Within a utility easement subject to easement restrictions. 1058 e. Within a right of way when the location does not interfere with circulation 1059 functions of the right of way and subject to subsection E1c of this section. 1060 1061 2. Public Right Of Way: The city engineer may issue a permit for the installation of a 1062 ground mounted utility box in the public right of way in accordance with standards 1063 set forth in this section and title 14, chapter 14.32 of this code. 1064 1065 a. Below grade utility boxes that do not extend greater than six inches (6”) above 1066 ground level 1067 b. A ground mounted utility box installed in a park strip or behind the sidewalk in 1068 the public way meeting the following criteria: 1069 1070 (1) A ground mounted utility box not exceeding a height of three feet (3’) and a 1071 footprint of four (4) square feet, or a box not exceeding two feet (2’) in height 1072 and a footprint of eight (8) square feet. 1073 (2) The pad for a ground mounted utility box shall not extend more than six 1074 inches (6”) beyond the footprint of the box. 1075 (3) A ground mounted utility box in a residential zoning district is located within 1076 fifteen feet (15’) of the interior lot line of an adjacent property. 28 LEGISLATIVE DRAFT 1077 (4) Excluding manufacturing, business park and general commercial zoning 1078 districts no more than three (3) ground mounted utility boxes, excluding 1079 exempt utility boxes, shall be allowed within a six hundred sixty foot (660’) 1080 segment of street right of way, unless approved as a special exception. 1081 (5) Any small ground mounted utility box that is less than sixty percent (60%) of 1082 the allowed size in subsection E2b(1) of this section shall be exempt from the 1083 special exception requirement of subsection E2b(4) of this section. 1084 1085 c. A ground mounted utility box installed in a public alley that does not interfere 1086 with the circulation function of the alley. 1087 1088 F. Special Exception: Proposed ground mounted utility boxes not specifically addressed in 1089 subsection E of this section or that do not meet the standards of subsection E of this 1090 section may be approved as a special exception pursuant to chapter 21A.52 of this title 1091 and the following requirements: 1092 1093 1. Application: A special exception application shall be made on a form prepared by the 1094 planning director or designee and submitted to the planning division, that includes 1095 required information and the following additional information: 1096 1097 a. Described plan of the proposed ground mounted utility box: 1098 1099 (1) Dimensions of box and footing/platform detail. 1100 (2) Location of contact information on the box. 1101 (3) Description of cabinet materials and finish treatment. 1102 1103 b. A location analysis which identifies other sites considered as alternatives within 1104 five hundred feet (500’) of the proposed location. The applicant shall provide a 1105 written explanation why the alternatives considered were either unavailable, or 1106 technologically or reasonably infeasible. 1107 1108 2. General Standards And Considerations For Special Exception Review Of Ground 1109 Mounted Utility Boxes: No special exception application for a ground mounted utility 1110 box shall be approved unless the planning director or the planning director’s designee 1111 determines that the ground mounted utility box satisfies the applicable standards 1112 related to size, spacing and/or location of the following criteria: 1113 1114 a. Evidence that the existing ground mounted utility box location and/or size are 1115 within a pattern that allowing an additional or larger ground mounted utility box 1116 will not create a significant impact on the character of the area. 1117 b. Evidence submitted that shows another location is not practical to service the 1118 subject area. 1119 c. Sufficiently demonstrates the reason that the larger cabinet is necessary. 1120 d. Demonstrates that the subject block face location is the only feasible location for 1121 the ground mounted utility box based on technical or physical constraints. 29 LEGISLATIVE DRAFT 1122 e. Ground mounted utility boxes are spaced in such a manner as to limit the visual 1123 impact of the box when viewed from the street or an adjacent property. 1124 f. The location will not obstruct access to other installed utility facilities. 1125 g. The additional cabinet is compatible in design and size with the existing ground 1126 mounted utility boxes in the area. 1127 1128 GD. Materials: All ground mounted utility boxes shall consist of high quality material such 1129 as stainless steel or other durable painted or colored material. The finish shall be a neutral 1130 color such as dark or light green, beige or gray or color similar to utility boxes within the 1131 vicinity and coated with a graffiti resistant treatment. 1132 HE. Post installation Obligations: All ground mounted utility boxes and any related screening 1133 materials shall remain the service provider’s responsibility to keep in a state of good 1134 visual quality and repair. 1135 1136 1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall 1137 also comply with all conditions as set forth in the service provider’s/owner’s 1138 franchise agreement with the city. If the terms of any franchise agreement conflict 1139 with the provisions of this title, the ordinance regulations shall prevail and govern. 1140 2. Discontinued Use: If the service provider/owner of a ground mounted utility box in 1141 the public right of way discontinues the use or has no defined need for said box, it is 1142 that service provider’s/owner’s sole responsibility to remove the box and all 1143 associated conduit and wiring at its own expense in compliance with all engineering 1144 division requirements. 1145 3. Required Contact Information: A service provider shall place a permanent notice on 1146 the box containing the service provider’s name and telephone number for the purpose 1147 of notification in the event of graffiti or damages to the equipment. 1148 4. Maintenance: A service provider shall be solely responsible for maintaining ground 1149 mounted utility box sites in reasonably good repair in a clean, safe and level 1150 condition. “Level condition” shall mean not tilting greater than fifteen degrees (15°) 1151 from plumb. A service provider shall repair any damage to a ground mounted utility 1152 box within seventy two (72) hours after discovering or being notified of such damage 1153 to a box. 1154 1155 I. Other City Permits: Additional city permits may be required. 1156 1157 1. Permits: No construction shall be undertaken without the applicable city permits and 1158 public way permits. 1159 2. Certificate Of Appropriateness: Any ground mounted utility box located within an 1160 area subject to section 21A.34.020, “H Historic Preservation Overlay District”, of this 1161 title must obtain a certificate of appropriateness before the box may be installed. 1162 1163 SECTION 35. Amending the text of Salt Lake City Code Section 21A.44.090 1164 Modification to Parking Areas as follows: 30 LEGISLATIVE DRAFT 1165 21A.44.090: MODIFICATIONS TO PARKING AREAS: 1166 Applicants requesting development permits or approvals may request adjustments to the 1167 standards and requirements in this Error! Reference source not found. Error! Reference 1168 source not found., and the city may approve adjustments to those standards, as described 1169 below. 1170 A. Administrative ModificationsAuthority to Approve Modifications: 1171 The planning director or transportation director may approve the following types of 1172 modifications without requiring approval of a Special Exception, provided that the 1173 Director determines that the adjustment will not create adverse impacts on pedestrian, 1174 bicycle, or vehicle safety and that the adjustment is required due to the nature of the 1175 site and the surrounding context to accommodate an unusual site feature (such as 1176 shape, topography, utilities, or access point constraints) and that the need for the 1177 adjustment has not been created by the actions of the applicant. 1178 B. Authorized Modifications: 1179 1. Modification to dimensions or geometries of parking, loading, or stacking space, 1180 aisles, or maneuvering areas otherwise required by this chapter, other City 1181 regulations, or the Off Street Parking Standards Manual; provided that those 1182 modifications are consistent with federal and state laws regarding persons with 1183 disabilities, including but not limited to the Americans with Disabilities Act. 1184 2. Modifications to bicycle parking or loading berth location or design standards. 1185 B. Special Exceptions: The following types of exceptions may be approved through the 1186 Special Exception process in section 21A.52.040, provided that the application meets 1187 the criteria for approval of a Special Exception in section 21A.52.060 in addition to 1188 the standards provided in this section. 1189 3. Exceptions PermittedFront Yard Parking: 1190 a. The lot contains an existing residential building. 1191 b. No other off-street parking exists on the site. 1192 c. No provided side yard is greater than 8 feet. If greater than 8 feet, no tree over 1193 6 inches in caliper is present in the side yard that would necessitate the 1194 removal of the tree to locate a parking stall in the side yard or rear yard. 1195 d. The rear yard does not have frontage on a public street or public alley and the 1196 property does not have access rights across an adjacent private street or alley. 1197 e. The front yard parking complies with the following standards: 1198 1199 (1) The front yard parking is limited to no wider than 10 feet in width and is a 1200 minimum depth of 20 feet. 1201 (2) The front yard parking is accessed by an approved drive approach. 1202 (3) The location of the front yard parking is placed within 10 feet of a side lot 1203 line or for corner properties, may also be within 10 feet of a rear lot line 1204 and is consistent with the location of other driveways on the block face. 31 LEGISLATIVE DRAFT 1205 a. Front Yard Parking Exception: For any zoning district, if front yard 1206 parking is prohibited in Table 21A.44.060-A, “Parking Location and 1207 Setback Requirements”, it may be allowed if all of the following 1208 conditions are met: 1209 1210 (1) The rear or side yards cannot be reasonably accessed by vehicles, 1211 specifically: 1212 1213 (a) Clearance for a driveway could not be provided in the side yard 1214 on either side of the building that is free from obstructions that 1215 cannot reasonably be avoided, such as utilities, window-wells, a 1216 specimen tree, a direct elevation change of three feet (3’) or 1217 greater, or retaining walls three feet (3’) high or greater; and 1218 1219 (b) There is not a right-of-way or alley adjacent to the 1220 property with established rights for access, where: 1221 1222 a. The travel distance to the property line is less than one 1223 hundred feet (100’) from an improved street and the right-of- 1224 way or alley has at least a minimum twelve foot (12’) 1225 clearance that is, or could be paved; or 1226 1227 b. The travel distance to the property line is more than one 1228 hundred feet (100’) from an improved street and the right- 1229 of-way or alley has an existing minimum twelve foot (12’) 1230 wide paved surface. 1231 1232 (2) It is not feasible to build an attached garage that conforms to 1233 yard area and setback requirements; 1234 1235 (3) Parking is limited to an area that is surfaced in compliance with the 1236 Off Street Parking Standards Manual; 1237 1238 (4) The parking area is limited to nine feet (9’) wide by twenty feet (20’) 1239 deep; 1240 1241 (5) Vehicles using the parking area will not project across any sidewalk 1242 or into the public right-of-way; and 1243 1244 (6) Parking is restricted to passenger vehicles only. 1245 4. Vehicle and Equipment Storage Without Hard Surfacing: 1246 a. The property is located in a CG, M-1, M-2, or EI zoning district 1247 b. The lot is used for long term vehicle storage, not for regular parking and/or 1248 maneuvering. 32 LEGISLATIVE DRAFT 1249 b. The storage areas are not located within any required front yard or corner side 1250 yard. 1251 c. The storage area surface is compacted with 6 inches of road base or other 1252 similar material with dust control measures in place. 1253 d. A mechanism, such as a wash bay, gravel guard, or rumble strip is used to 1254 remove mud, sand, dirt, and gravel from the vehicle with a minimum of 50 1255 feet of paved driveway between the mechanism and a public street. The 1256 mechanism used is subject to approval by the Transportation Director or 1257 designee provided it is a commonly used device that is effective at removing 1258 debris from vehicle tires. 1259 1260 b. Vehicle and Equipment Storage Surfacing Exception: Vehicle and 1261 equipment storage without hard surfacing may be permitted in the 1262 CG, M-1, M-2 and EI zoning districts provided that: 1263 1264 (1) The lot is used for long-term vehicle storage, not for regular 1265 parking and/or maneuvering; 1266 1267 (2) The vehicles or equipment stored are large and/or are built on tracks 1268 that could destroy normal hard surfacing; 1269 1270 (3) The parking surface is compacted with six inches (6”) of road 1271 base and other semi-hard material with long lasting dust control 1272 chemical applied annually; 1273 1274 (4) A hard-surfaced cleaning station is installed to prevent tracking 1275 of mud and sand onto the public right-of-way; and 1276 1277 (5) Any vehicles or equipment that contain oil are stored with 1278 pans, drains, or other means to ensure that any leaking oil will 1279 not enter the soil. 1280 1281 SECTION 36. Amending the text of Salt Lake City Code Subsection 21A.46.070.V 1282 (Historic District Signs) as follows: 1283 21A.46.070.V Historic District Signs: The Hhistoric Llandmark Ccommission may 1284 authorize, as a minor alteration special exception, modification to an existing sign or the 1285 size or placement of a new sign in a historic district or on a landmark site, including 1286 placement of a sign type not allowed in the underlying zone, if the applicant can 1287 demonstrate that the location, size and/or design of the proposed sign is compatible with 1288 the design period or theme of the historic structure or district and/or will cause less 1289 physical damage to the historically significant structure. If a sign in a local historic 1290 district or on a landmark site has been designated a vintage sign as per sSection 33 LEGISLATIVE DRAFT 1291 21A.46.125 of this chapter, the modifications allowed in that section may be authorized 1292 by the Hhistoric Llandmark Ccommission subject to the appropriate standards of sSection 1293 21A.34.020 of this title. 1294 1295 SECTION 37. Amending the text of Salt Lake City Code Chapter 21A.46.125 (Vintage 1296 Signs) as follows: 1297 A. The purpose of this section is to promote the retention, restoration, reuse, and 1298 reinstatement of nonconforming signs that represent important elements of Salt Lake 1299 City’s heritage and enhance the character of a corridor, neighborhood, or the community 1300 at large. 1301 B. Notwithstanding any contrary provision of this title: 1302 1303 1. An application for designation of vintage sign status as well as for the reinstatement 1304 of, modifications to, or relocation of a vintage sign shall be processed in accordance 1305 with the procedures for a special exception, as per chapter 21A.52 of this title set 1306 forth in Chapter 21A.08 and Section 21A.46.030 as well as the following: 1307 1308 a. Application: In addition to the general application requirements for a special 1309 exceptionsign, an application for vintage sign designation or modification shall 1310 require: 1311 1312 (1a) Detailed drawings and/or photographs of the sign in its current condition, 1313 if currently existing; 1314 (2b) Written narrative and supporting documentation demonstrating how the 1315 sign meets the applicable criteria; 1316 (3c) Detailed drawings of any modifications or reinstatement being sought; 1317 (4d) Detailed drawings of any relocation being sought; and 1318 (5e) Historic drawings and/or photographs of the sign. 1319 1320 2. The Zzoning Aadministrator shall designate an existing sign as a vintage sign if the 1321 sign: 1322 1323 a. Was not placed as part of a Localized Alternative Signage Overlay District and 1324 has not been granted flexibility from the base zoning through a planned 1325 development agreement or by the Hhistoric Llandmark Ccommission; 1326 b. Is not a billboard as defined in sSection 21A.46.020 of this chapter; 1327 c. Retains its original design character, or that character will be reestablished or 1328 restored, based on historic evidence such as drawings or photographs; and, 1329 d. Meets at least four (4) of the following criteria: 1330 1331 (1) The sign was specifically designed for a business, institution, or other 1332 establishment on the subject site; 34 LEGISLATIVE DRAFT 1333 (2) The sign bears a unique emblem, logo, or another graphic specific to the 1334 Ccity, or region; 1335 (3) The sign exhibits specific characteristics that enhance the streetscape or 1336 identity of a neighborhood; 1337 (4) The sign is or was characteristic of a specific historic period; 1338 (5) The sign is or was integral to the design or identity of the site or building 1339 where the sign is located; or, 1340 (6) The sign represents an example of craftsmanship in the application of lighting 1341 technique, use of materials, or design. 1342 1343 3. A designated vintage sign may, by special exception: 1344 1345 a. Be relocated within its current site. 1346 b. Be modified to account for changing uses within its current site. These 1347 modifications shall be in the same style as the design of the original sign 1348 including: 1349 (1) Shape and form, 1350 (2) Size, 1351 (3) Typography, 1352 (4) Illustrative elements, 1353 (5) Use of color, 1354 (6) Character of illumination, and 1355 (7) Character of animation. 1356 1357 c. Be restored or recreated, and reinstated on its original site. 1358 d. Be relocated to a new site for use as a piece of public art, provided that the 1359 original design and character of the sign is retained, or will be restored, and it 1360 advertises a business no longer in operation. Vintage signs may only be relocated 1361 for use as public art to sites in the following districts: D-1, D-2, D-3, D-4, G-MU, 1362 CSHBD1, CSHBD2, FB-UN2, FB-UN3, FB-SC, FB-SE, TSA. 1363 e. Be relocated and reinstalled on the business’s new site, should the business with 1364 which it is associated move, provided that the business’s new location is within 1365 the same contiguous zoning district as the original location. 1366 1367 4. Once designated, a vintage sign is exempt from the calculation of allowed signage on 1368 a site. 1369 1370 SECTION 38. Deleting Chapter 21A.52 Special Exceptions of the Salt Lake City Code 1371 Chapter as follows: 1372 CHAPTER 21A.52 1373 SPECIAL EXCEPTIONS 1374 1375 SECTION: 35 LEGISLATIVE DRAFT 1376 21A.52.010: Purpose Statement 1377 21A.52.020: Definition 1378 21A.52.030: Special Exceptions Authorized 1379 21A.52.040: Procedure 1380 21A.52.050: Coordinated Review And Approval Of Applications 1381 21A.52.060: General Standards And Considerations For Special Exceptions 1382 21A.52.070: Conditions On Special Exceptions 1383 21A.52.080: Relation Of Special Exception 1384 21A.52.090: Amendments To Special Exceptions 1385 21A.52.100: Extensions Of Time 1386 21A.52.110: Authority To Inspect 1387 21A.52.120: Appeal Of Decision 1388 21A.52.130: Revocation Of Special Exceptions 1389 21A.52.140: Effect On Denial Of Special Exception 1390 1391 1392 21A.52.010: PURPOSE STATEMENT: 1393 The planning commission or historic landmark commission may delegate its authority as 1394 necessary to the planning director to make a determination regarding special exceptions. The 1395 planning director may approve the special exceptions authorized by this title in accordance 1396 with the procedures and standards set out in this chapter and other regulations applicable to 1397 the district in which the subject property is located. 1398 1399 1400 21A.52.020: DEFINITION: 1401 1402 A “special exception” is an activity or use incidental to or in addition to the principal use(s) 1403 permitted in a zoning district or an adjustment to a fixed dimension standard permitted as 1404 exceptions to the requirements of this title of less potential impact than a conditional use but 1405 which requires a careful review of such factors as location, design, configuration and/or 1406 impacts to determine the desirability of authorizing its establishment on any given site. 1407 1408 1409 21A.52.030: SPECIAL EXCEPTIONS AUTHORIZED: 1410 1411 A. In addition to any other special exceptions authorized elsewhere in this title, the 1412 following special exceptions are authorized under the provisions of this title: 1413 1414 1. Accessory building height, including wall height, in excess of the permitted height 1415 provided: 1416 1417 a. The extra height is for architectural purposes only, such as a steep roof to match 1418 existing primary structure or neighborhood character. 36 LEGISLATIVE DRAFT 1419 b. The extra height is to be used for storage of household goods or truss webbing 1420 and not to create a second level. 1421 c. No windows are located in the roof or on the second level unless it is a design 1422 feature only. 1423 d. No commercial use is made of the structure or residential use unless it complies 1424 with the accessory dwelling unit regulations in this title. 1425 1426 2. Accessory structures in the front yard of double frontage lots, which do not have any 1427 rear yard provided: 1428 1429 a. The required sight visibility triangle shall be maintained at all times. 1430 b. The structure meets all other size and height limits governed by the zoning 1431 ordinance. 1432 1433 3. Additional height for fences, walls or similar structures may be granted to exceed the 1434 height limits established for fences and walls in chapter 21A.40 of this title if it is 1435 determined that there will be no negative impacts upon the established character of 1436 the affected neighborhood and streetscape, maintenance of public and private views, 1437 and matters of public safety. Approval of fences, walls and other similar structures 1438 may be granted under the following circumstances subject to compliance with other 1439 applicable requirements: 1440 1441 a. Exceeding the allowable height limits; provided, that the fence, wall or structure 1442 is constructed of wrought iron, tubular steel or other similar material, and that the 1443 open, spatial and nonstructural area of the fence, wall or other similar structure 1444 constitutes at least eighty percent (80%) of its total area; 1445 b. Exceeding the allowable height limits on any corner lot; unless the city’s traffic 1446 engineer determines that permitting the additional height would cause an unsafe 1447 traffic condition; 1448 c. Incorporation of ornamental features or architectural embellishments which 1449 extend above the allowable height limits; 1450 d. Exceeding the allowable height limits, when erected around schools and approved 1451 recreational uses which require special height considerations; 1452 e. Exceeding the allowable height limits, in cases where it is determined that a 1453 negative impact occurs because of levels of noise, pollution, light or other 1454 encroachments on the rights to privacy, safety, security and aesthetics; 1455 f. Keeping within the character of the neighborhood and urban design of the city; 1456 g. Avoiding a walled-in effect in the front yard of any property in a residential 1457 district where the clear character of the neighborhood in front yard areas is one of 1458 open spaces from property to property; or 1459 h. Posing a safety hazard when there is a driveway on the petitioner’s property or 1460 neighbor’s property adjacent to the proposed fence, wall or similar structure. 1461 37 LEGISLATIVE DRAFT 1462 4. Additional building height in commercial districts are subject to the standards 1463 in chapter 21A.26 of this title. 1464 5. Additional foothills building height, including wall height, shall comply with the 1465 standards in chapter 21A.24 of this title. 1466 6. Additional residential building height, including wall height, in the R-1 districts, R-2 1467 districts and SR districts shall comply with the standards in chapter 21A.24 of this 1468 title. 1469 7. Any alternative to off street parking not listed in chapter 21A.44 of this title intended 1470 to meet the number of required off street parking spaces. 1471 8. Barbed wire fences may be approved subject to the regulations of chapter 21A.40 of 1472 this title. 1473 9. Conditional home occupations subject to the regulations and conditions of chapter 1474 21A.36 of this title. 1475 10. Dividing existing lots containing two (2) or more separate residential structures into 1476 separate lots that would not meet lot size, frontage width or setbacks provided: 1477 1478 a. The residential structures for the proposed lot split already exist and were 1479 constructed legally. 1480 b. The planning director agrees and is willing to approve a subdivision application. 1481 c. Required parking equal to the parking requirement that existed at the time that 1482 each dwelling unit was constructed. 1483 1484 11. Use of the front yard for required parking when the rear or side yards cannot be 1485 accessed and it is not feasible to build an attached garage that conforms to yard area 1486 and setback requirements, subject to the standards found in chapter 21A.44 of this 1487 title. 1488 12. Grade changes and retaining walls are subject to the regulations and standards 1489 of chapter 21A.36 of this title. 1490 13. Ground mounted central air conditioning compressors or systems, heating, 1491 ventilating, pool and filtering equipment located in required side and rear yards 1492 within four feet (4’) of the property line. The mechanical equipment shall comply 1493 with applicable Salt Lake County health department noise standards. 1494 14. Hobby shop, art studio, exercise room or a dressing room adjacent to a swimming 1495 pool, or other similar uses in an accessory structure, subject to the following 1496 conditions: 1497 1498 a. The height of the accessory structure shall not exceed the height limit established 1499 by the underlying zoning district unless a special exception allowing additional 1500 height is allowed. 1501 b. If an accessory building is located within ten feet (10’) of a property line, no 1502 windows shall be allowed in the walls adjacent to the property lines. 1503 c. If the accessory building is detached, it must be located in the rear yard. 38 LEGISLATIVE DRAFT 1504 d. The total covered area for an accessory building shall not exceed fifty percent 1505 (50%) of the building footprint of the principal structure, subject to all accessory 1506 building size limitations. 1507 1508 15. In line additions to existing residential or commercial buildings, which are 1509 noncomplying as to yard area or height regulations provided: 1510 1511 a. The addition follows the existing building line and does not create any new 1512 noncompliance. 1513 b. No additional dwelling units are added to the structure. 1514 c. The addition is a legitimate architectural addition with rooflines and exterior 1515 materials designed to be compatible with the original structure. 1516 1517 16. Operation of registered home daycare or registered home preschool facility in 1518 residential districts subject to the standards of chapter 21A.36 of this title. 1519 17. Outdoor dining in required front, rear and side yards subject to the regulations and 1520 standards of chapter 21A.40 of this title. 1521 18. Razor wire fencing may be approved subject to the regulations and standards 1522 in chapter 21A.40 of this title. 1523 19. Replacement or reconstruction of any existing noncomplying segment of a residential 1524 or commercial structure or full replacement of a noncomplying accessory structure 1525 provided: 1526 1527 a. The owner documents that the new construction does not encroach farther into 1528 any required rear yard than the structure being replaced. 1529 b. The addition or replacement is compatible in design, size and architectural style 1530 with the remaining or previous structure. 1531 1532 20. Underground building encroachments into the front, side, rear and corner side yard 1533 setbacks provided the addition is totally underground and there is no visual evidence 1534 that such an encroachment exists. 1535 21. Window mounted refrigerated air conditioner and evaporative swamp coolers located 1536 in required front, corner, side and rear yards within two feet (2’) of a property line 1537 shall comply with applicable Salt Lake County health department noise standards. 1538 22. Vehicle and equipment storage without hard surfacing in the CG, M-1, M-2 or EI 1539 districts, subject to the standards in chapter 21A.44 of this title. 1540 23. Ground mounted utility boxes may be approved subject to the regulations and 1541 standards of section 21A.40.160 of this title. 1542 24. Legalization of excess dwelling units may be granted subject to the following 1543 requirements and standards: 1544 1545 a. Purpose: The purpose of this subsection is to implement the existing Salt Lake 1546 City community housing plan. This plan emphasizes maintaining existing housing 39 LEGISLATIVE DRAFT 1547 stock in a safe manner that contributes to the vitality and sustainability of 1548 neighborhoods within the city. This subsection provides a process that gives 1549 owners of property with one or more excess dwelling units not recognized by the 1550 city an opportunity to legalize such units based on the standards set forth in this 1551 subsection. 1552 b. Review Standards: A dwelling unit that is proposed to be legalized pursuant to 1553 this subsection shall comply with the following standards. 1554 1555 (1) The dwelling unit existed prior to April 12, 1995. In order to determine 1556 whether a dwelling unit was in existence prior to April 12, 1995, the unit 1557 owner shall provide documentation thereof which may include any of the 1558 following: 1559 1560 (A) Copies of lease or rental agreements, lease or rent payments, or other 1561 similar documentation showing a transaction between the unit owner and 1562 tenants; 1563 (B)Evidence indicating that prior to April 12, 1995, the city issued a building 1564 permit, business license, zoning certificate, or other permit relating to the 1565 dwelling unit in question; 1566 (C)Utility records indicating existence of a dwelling unit; 1567 (D)Historic surveys recognized by the Planning Director as being performed 1568 by a trained professional in historic preservation; 1569 (E) Notarized affidavits from a previous owner, tenant, or neighbor; 1570 (F) Polk, Cole, or phone directories that indicate existence of the dwelling unit 1571 (but not necessarily that the unit was occupied); and 1572 (G)Any other documentation that the owner is willing to place into a public 1573 record which indicates the existence of the excess unit prior to April 12, 1574 1995. 1575 1576 (2) The excess unit has been maintained as a separate dwelling unit since April 1577 12, 1995. In order to determine if a unit has been maintained as a separate 1578 dwelling unit, the following may be considered: 1579 1580 (A)Evidence listed in subsection A24b(1) of this section indicates that the unit 1581 has been occupied at least once every five (5) calendar years; 1582 (B)Evidence that the unit was marketed for occupancy if the unit was 1583 unoccupied for more than five (5) consecutive years; 1584 (C)If evidence of maintaining a separate dwelling unit as required by 1585 subsections A24b(2)(A) and A24b(2)(B) of this section cannot be 1586 established, documentation of construction upgrades may be provided in 1587 lieu thereof. 40 LEGISLATIVE DRAFT 1588 (D)Any documentation that the owner is willing to place into a public record 1589 which provides evidence that the unit was referenced as a separate 1590 dwelling unit at least once every five (5) years. 1591 1592 (3) The property where the dwelling unit is located: 1593 1594 (A)Can accommodate on site parking as required by this title, or 1595 (B)Is located within a one-fourth ( 1/4) mile radius of a fixed rail transit stop or 1596 bus stop in service at the time of legalization. 1597 1598 (4) Any active zoning violations occurring on the property must be resolved 1599 except for those related to excess units. 1600 1601 c. Conditions Of Approval: Any approved unit legalization shall be subject to the 1602 following conditions: 1603 1604 (1) The unit owner shall apply for a business license, when required, within 1605 fourteen (14) days of special exception approval. 1606 (2) The unit owner shall allow the City’s building official or designee to inspect 1607 the dwelling unit to determine whether the unit substantially complies with 1608 basic life safety requirements as provided in title 18, chapter 18.50, “Existing 1609 Residential Housing”, of this Code. Such inspection shall occur within ninety 1610 (90) days of special exception approval or as mutually agreed by the unit 1611 owner and the City. 1612 (3) All required corrections indicated during the inspection process must be 1613 completed within one year unless granted an extension by the Zoning 1614 Administrator. 1615 1616 d. Application: In addition to the application requirements in this chapter, an 1617 applicant shall submit documentation showing compliance with the standards set 1618 forth in subsection A24b of this section. 1619 1620 25. Designation, modification, relocation, or reinstatement of a vintage sign as 1621 per chapter 21A.46 of this title. 1622 26. Additional height for sports related light poles such as light poles for ballparks, 1623 stadiums, soccer fields, golf driving ranges and sport fields or where sports lights are 1624 located closer than thirty feet (30’) from adjacent residential structures. 1625 1626 1627 21A.52.040: PROCEDURE: 1628 1629 A. An application for a special exception shall be processed in accordance with the 1630 following procedures: 41 LEGISLATIVE DRAFT 1631 1632 1. Application: An application may be made by the owner of the subject property or the 1633 owner’s authorized agent to the Planning Director on a form or forms provided by the 1634 Planning Director, which shall include at least the following information, unless 1635 deemed unnecessary by the Planning Director: 1636 1637 a. The applicant’s name, address, telephone number, e-mail address and interest in 1638 the subject property; 1639 b. The owner’s name, address and telephone number, if different than the applicant, 1640 and the owner’s signed consent to the filing of the application; 1641 c. The street address and legal description of the subject property; 1642 d. The Salt Lake County property tax number; 1643 e. The proposed title of the project and the names, addresses and telephone numbers 1644 of the architect, landscape architect, planner or engineer on the project; 1645 f. A complete description of the proposed special exception; 1646 g. A plan or drawing drawn to a scale of one inch equals twenty feet (1” = 20’) or 1647 larger which includes the following information: 1648 1649 (1) Actual dimensions of the lot, 1650 (2) Exact sizes and location of all existing and proposed buildings or other 1651 structures, 1652 (3) Driveways, 1653 (4) Parking spaces, 1654 (5) Safety curbs, 1655 (6) Landscaping, 1656 (7) Location of trash receptacles, and 1657 (8) Drainage features; 1658 1659 h. Traffic impact analysis; 1660 i. Such other and further information or documentation as the planning director may 1661 deem necessary or appropriate for a full and proper consideration and disposition 1662 of the particular application. 1663 1664 2. Determination Of Completeness: Upon receipt of an application for a special 1665 exception, the planning director shall make a determination of completeness pursuant 1666 to chapter 21A.10 of this title, and that the applicant has submitted all of the 1667 information necessary to satisfy the notification requirements of chapter 21A.10 of 1668 this title. 1669 3. Fees: The application shall be accompanied by the applicable fees shown on the Salt 1670 Lake City consolidated fee schedule. Where applicable, the applicant shall also be 1671 responsible for payment of all fees established for providing the public notice 1672 required by chapter 21A.10 of this title. 42 LEGISLATIVE DRAFT 1673 4. Notice: A notice of application for a special exception shall be provided in 1674 accordance with chapter 21A.10 of this title. 1675 5. Approval Process: The approval process for a special exception as listed in this title is 1676 a two (2) tiered process as follows: 1677 1678 a. Review And Decision By The Planning Director: On the basis of written findings 1679 of fact, the planning director or the planning director’s designee shall either 1680 approve, deny or conditionally approve an application for a special exception 1681 based on the standards in this chapter. The decision of the planning director shall 1682 become effective at the time the decision is made. 1683 b. Referral Of Application By Planning Director To Planning Commission: The 1684 planning director or the planning director’s designee may refer any application to 1685 the planning commission due to the complexity of the application, the 1686 significance in change to the property or the surrounding area. 1687 1688 1689 21A.52.050: COORDINATED REVIEW AND APPROVAL OF APPLICATIONS: 1690 1691 Whenever an application for a special exception requires a variance, the applicant shall 1692 indicate that fact on the application and shall first file a variance application with the appeals 1693 hearing officer. The special exception shall then be reviewed after a public hearing by the 1694 appeals hearing officer on the variance request. 1695 1696 1697 21A.52.060: GENERAL STANDARDS AND CONSIDERATIONS FOR SPECIAL 1698 EXCEPTIONS: 1699 1700 No application for a special exception shall be approved unless the planning commission, 1701 historic landmark commission, or the planning director determines that the proposed special 1702 exception is appropriate in the location proposed based upon its consideration of the general 1703 standards set forth below and, where applicable, the specific conditions for certain special 1704 exceptions. 1705 1706 A. Compliance With Zoning Ordinance And District Purposes: The proposed use and 1707 development will be in harmony with the general and specific purposes for which this 1708 title was enacted and for which the regulations of the district were established. 1709 B. No Substantial Impairment Of Property Value: The proposed use and development will 1710 not substantially diminish or impair the value of the property within the neighborhood in 1711 which it is located. 1712 C. No Undue Adverse Impact: The proposed use and development will not have a material 1713 adverse effect upon the character of the area or the public health, safety and general 1714 welfare. 43 LEGISLATIVE DRAFT 1715 D. Compatible With Surrounding Development: The proposed special exception will be 1716 constructed, arranged and operated so as to be compatible with the use and development 1717 of neighboring property in accordance with the applicable district regulations. 1718 E. No Destruction Of Significant Features: The proposed use and development will not 1719 result in the destruction, loss or damage of natural, scenic or historic features of 1720 significant importance. 1721 F. No Material Pollution Of Environment: The proposed use and development will not 1722 cause material air, water, soil or noise pollution or other types of pollution. 1723 G. Compliance With Standards: The proposed use and development complies with all 1724 additional standards imposed on it pursuant to this chapter. 1725 1726 1727 21A.52.070: CONDITIONS ON SPECIAL EXCEPTIONS: 1728 1729 Conditions and limitations necessary or appropriate to prevent or minimize adverse effects 1730 upon other property and improvements in the vicinity of the special exception or upon public 1731 facilities and services may be imposed on each application. These conditions may include, 1732 but are not limited to, conditions concerning use, construction, operation, character, location, 1733 landscaping, screening and other matters relating to the purposes and objectives of this title. 1734 Such conditions shall be expressly set forth in the approval record of the special exception. 1735 1736 1737 21A.52.080: RELATION OF SPECIAL EXCEPTION: 1738 1739 A special exception shall be deemed to relate to, and be for the benefit of, the use and lot in 1740 question rather than the owner or operator of such use or lot. 1741 1742 1743 21A.52.090: AMENDMENTS TO SPECIAL EXCEPTIONS: 1744 1745 A special exception may be amended, varied or altered only pursuant to the procedures and 1746 subject to the standards and limitations provided in this chapter for its original approval. 1747 1748 1749 21A.52.100: EXTENSIONS OF TIME: 1750 1751 Subject to an extension of time granted upon application to the planning director, no special 1752 exception shall be valid for a period longer than one year unless a building permit is issued or 1753 complete building plans have been submitted to the division of building services and 1754 licensing within that period. The planning director may grant an extension of a special 1755 exception for up to one additional year when the applicant is able to demonstrate no change 1756 in circumstance that would result in an unmitigated impact. Extension requests must be 1757 submitted to the planning director in writing prior to the expiration of the exception. 44 LEGISLATIVE DRAFT 1758 1759 1760 21A.52.110: AUTHORITY TO INSPECT: 1761 1762 The planning director or their designee shall have the authority to inspect all properties for 1763 compliance with special exception conditions as often as necessary to assure continued 1764 compliance. 1765 1766 1767 21A.52.120: APPEAL OF DECISION: 1768 1769 A. Any party aggrieved by a decision of the planning director may appeal the decision to the 1770 planning commission pursuant to the provisions in chapter 21A.16 of this title. 1771 B. Any party aggrieved by a decision of the planning commission on an application for a 1772 special exception may file an appeal to the appeals hearing officer within ten (10) days of 1773 the date of the decision. The filing of the appeal shall not stay the decision of the 1774 planning commission pending the outcome of the appeal, unless the planning commission 1775 takes specific action to stay a decision. 1776 1777 1778 21A.52.130: REVOCATION OF SPECIAL EXCEPTIONS: 1779 1780 Violation of any such condition or limitation shall be a violation of this title and shall 1781 constitute grounds for revocation of the special exception. If the planning director determines 1782 that the conditions of a special exception or other applicable provisions of this title are not 1783 met, the planning director may initiate action to revoke a special exception. 1784 1785 A. Notice: Notice of a hearing by the planning commission to consider revocation shall be 1786 given pursuant to the requirements of chapter 21A.10 of this title. The notice shall inform 1787 the holder of the special exception of the grounds for the revocation and set a hearing 1788 date. 1789 B. Public Hearing: The scheduled hearing shall conform to the requirements of chapter 1790 21A.10 of this title. 1791 C. Planning Commission Decision: Following the hearing, the planning commission shall 1792 decide whether or not to revoke the special exception in accordance with the findings and 1793 decisions in chapter 21A.10 of this title. 1794 1795 1796 21A.52.140: EFFECT ON DENIAL OF SPECIAL EXCEPTION: 1797 1798 No application for a special exception shall be considered by the planning commission or the 1799 planning commission’s designee within one year of a final decision upon a prior application 45 LEGISLATIVE DRAFT 1800 covering substantially the same subject on substantially the same property if the prior 1801 application was denied and not appealed. 1802 1803 SECTION 39. Amending the text of the Salt Lake City Code Section 21A.60.020 (List of 1804 Defined Terms) by adding the following term in alphabetical order: 1805 Ground mounted utility box. 1806 1807 1808 SECTION 40. Adding the following definition in alphabetical order in alphabetical order 1809 to Section 21A.62.040 (Definition of Terms) of the Salt Lake City Code as follows: 1810 Ground mounted utility boxes: shall mean such equipment and facilities, including pedestals, 1811 boxes, cabinets, meters or other ground mounted facilities and associated equipment that 1812 extend over 6 inches above ground level used for the transmission or distribution of utilities. 1813 1814 SECTION 41. Effective Date. This Ordinance shall become effective on the date of its 1815 first publication. 1816 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 1817 2021. 1818 ______________________________ 1819 CHAIRPERSON 1820 ATTEST AND COUNTERSIGN: 1821 1822 ______________________________ 1823 CITY RECORDER 1824 1825 Transmitted to Mayor on _______________________. 1826 1827 1828 Mayor’s Action: _______Approved. _______Vetoed. 1829 1830 ______________________________ 1831 MAYOR 1832 ______________________________ 1833 CITY RECORDER 1834 (SEAL) 1835 46 LEGISLATIVE DRAFT 1836 Bill No. ________ of 2021. 1837 Published: ______________.1838 Ordinance deleting special exceptions from city code(legislative) ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS Blake Thomas SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: , Chair FROM: Blake Thomas, Director Department of Community & Neighborhoods __________________________ SUBJECT:PLNPCM2020-00606 Text amendment eliminating the special exception process from Title 21A. STAFF CONTACT:Nick Norris, Planning Director, 801-641-1728 or nick.norris@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council adopt the proposal as recommended by the Planning Commission. BUDGET IMPACT:If adopted, revenue from application fees would decrease approximately $43,000.00 (application fee of ($265) x average number of applications submitted annual (156)) BACKGROUND/DISCUSSION: The purpose of this proposal is to amend the zoning ordinance related to special exceptions to accomplish the following: Simplify the zoning ordinance by updating regulations and eliminating special exceptions; Reallocate staff resources away from processing land use applications that favor individual properties and towards updating zoning codes to align with adopted master plans; Increase predictability and reduce neighbor conflicts that are created by requests for exceptions to the zoning regulations; This proposal would eliminate the special exception process from the zoning ordinance and make changes to multiple sections of the zoning ordinance to address each of the 42 authorized 1 special exceptions. Each of the authorized special exceptions would be addressed in one of the following ways: Prohibited and no longer authorized; Permitted by right, some with qualifying provisions; Permitted through a different process within the zoning ordinance. A special exception is a minor change to a dimensional requirement or to approve accessory or ancillary uses on a property. Common examples of special exceptions include requests for exceptions to the maximum height requirements for buildings and fences, additions to existing buildings that do not comply with current setback requirements, grade changes over four feet in height, legalization of dwelling units when there is no record of the unit be permitted, and modifications to building bulk requirements in historic districts. The Planning Division receives approximately 150 applications for special exceptions each calendar year. The application fee is currently $265.00. The cost to process the applications is determined primarily by the hours of staff needed. The average processing time is about 17 hours and includes application intake, review for completeness, preparing public notices, routing for departmental review, reviewing the proposal to verify that applicable standards and other zoning regulations are complied with, explaining the proposals to neighbors who receive notice, determining if the proposal impacts neighbors and if so applying conditions to reduce those impacts, and producing decision letters. Some special exceptions require approval by the Planning Commission or Historic Landmark Commission. Additional tasks are required that include preparing staff reports, scheduling and noticing public hearings, and preparing for presentations for the public hearing. The level of public engagement increases because public hearing notices are mailed to a broader segment of the neighborhood. Special exceptions that are reviewed by one of the commissions require approximately 52 staff hours. Based on this information, the cost to the city to process a typical special exception application that is approved by staff is between approximately $460.00 and $575.00 depending on the classification of the planner processing the application. The application fee covers between 48- 57% of the cost. If the special exception is required to go to a commission for approval, the staff hour cost increases to between $1,370.00 and $1,765.00 which is 5-6.6 times the application fee. The application fee only covers between 15% and 52% of the cost to process which means that the rest of the cost is subsidized by the city. There are some exceptions that will be prohibited by this proposal. These exceptions are being eliminated because the make up the bulk of denied special exceptions, there are other processes to address the exception already in the zoning ordinance, or due to the high level of controversy that are generated by the exceptions. The following is a short list of exceptions that will no longer be allowed: Additional height for dwellings in residential districts unless the block face already has buildings that exceed the current height limit or the property is located in a historic district; Additional height for fences, including in the front yard. Changes to fence height regulations were initiated by the City Council in 2019. This is being processed separately because fence height regulations impact every single parcel of land in the city; 2 Ground mounted utility boxes in rights of way unless the box serves the broader neighborhood or community; Grade changes and retaining walls over six feet in height that are not broken up by a horizontal step. This change was also initiated by the City Council in 2016 after a very tall retaining wall was built in the upper Federal Heights neighborhood. Most special exceptions do not generate public input and either require no conditions of approval or require consistent conditions of approval regardless of the property location. The special exceptions that fall into this category will be allowed by right and some of them will have specific qualifying provisions. These are detailed in the Planning Commission staff report from November 18, 2020 (Attachment 3.a.iii). There are some special exceptions that have generated public input during the process, that the Planning Division identified as potentially impactful, that the Planning Commission asked for more detailed information, or that have generated enforcement actions by the city. These special exceptions are summarized in detail in the Planning Commission staff reports, but briefly discussed here for reference: Historic Landmark Commission would retain authority to make modifications to dimensional requirements through existing processes in 21A.34.020 Historic Preservation Overlay District. Ground mounted utility boxes will be required to be on private property when serving individual developments. Accessory building heights would be able to increase slightly up to a district specific maximum with increased setbacks. Outdoor dining would be permitted with qualifying provisions intended to reduce the impact when next to residential zoning districts, including a setback from the shared property line and time limitations for outdoor music. Front yard parking would be allowed for residential uses only when no other yard is accessible for parking and there is no option for an attached garage. Inline additions would be allowed to follow existing building lines in front and rear yards. In side yards, an inline addition would be allowed to extend an existing wall that doesn’t met setbacks up to 25% of the length of the wall. In commercial zoning districts, building height would be allowed to be increased by up to 10% if the lot is sloped, the increased height is not creating an additional habitable, upper level to the building, and at least 50% of the building complies with the height requirement. Zoning districts where vintage signs can be used as art are expanding to include the following zoning districts: CSHBD-2, FB-UN2, FB-UN3, FB-SC, FB-SE, and TSA. Vintage signs as art is already authorized in the D-1, D-2, D-3, D-4, G-MU, and CSHBD1 zoning districts. PUBLIC PROCESS: The proposed changes went through an early engagement process that included notice to all recognized organizations, notice to AIA Utah, and notice to the Planning Divisions email list. The official early engagement period started on August 13 and ended on October 10, 2020. The public information document on this topic that was posted on the 3 Planning Division website was accessed by 147 individuals during this period. Comments were submitted from the Sugar House Community Council and four individuals. After the early engagement period several changes were made to the proposal in response to the comments. These changes included expanding the zoning districts where vintage signs could be placed as public art, modifying the inline addition regulations to allow minor extensions to buildings walls that do not meet current side yard setback requirements, and changes to the location of mechanical equipment when next to driveways, parking areas, or accessory buildings. As part of the public review process the Planning Division also reviewed zoning complaints to determine what types of issues are commonly associated with complaints related to special exceptions. The most common complaint was associated with mechanical equipment and outdoor dining. The outdoor dining regulations were modified to include a 10-foot setback when adjacent to a residential zone and hours that music could be played outdoors. Changes to the mechanical equipment regulations include prohibiting equipment from being placed on the roofs of accessory buildings and requiring screening when locating in a front or corner side yard. The Planning Commission held a work session on September 30, 2020 to review the proposal and provide input. The meeting was held virtually and broadcast on the City’s YouTube channel, Channel 17 and through the WebEx platform. During the work session, the PC directed the Planning Division to address the following issues: 1. Front yard parking when there are no other options for off street parking on the site; 2. Extra building height in commercial districts on sloping lots; 3. Inline additions within noncomplying side yards; 4. Ground mounted utility boxes; and 5. Accessory structure building height. The proposal was modified to address the issues. Front yard parking would be allowed in very limited situations with specific dimensional requirements; maximum building height in commercial zoning districts would be allowed up to a 10% increase in building height on sloping lots and the extra height does not result in the creation of an additional story; inline additions were limited in scale; ground mounted utility boxes were prohibited in rights of way when serving only a private development; and up to a 25% increase in accessory building height was allowed with an equal increase in setback. The Historic Landmarks Commission held a virtual public hearing on the proposal on November 5, 2020. The meeting was broadcast on the City’s YouTube channel and Channel 17 and available through the WebEx platform. The public was able to submit comments during the meeting to a public comment email address that was monitored by staff during the meeting. One person spoke during the public hearing and discussed the importance that the proposal maintains the authority of the HLC to modify lot and bulk modifications within local historic districts and for landmark sites. The HLC adopted a motion recommended that the City Council adopt the proposal. The Planning Commission held a virtual public hearing on November 18, 2020. The meeting was broadcast on the City’s YouTube channel and Channel 17 and available through the WebEx platform. The public was able to submit comments during the meeting to a public comment 4 email address that was monitored by staff during the meeting. Two people spoke during the public hearing, one person in favor of the proposal for streamlining approval processes and the resulting reallocation of staff resources to other city planning needs. Another person discussed the impact of making more things permitted and the loss of notice associated with that. It should be noted that notice is only sent to adjacent property owners/occupants and to property owners directly across the street. Nearly of all special exception requests are approved by staff after the noticing period ends. The special exceptions that generate the most opposition and are make up the bulk of denials include requests for extra height for single family homes and over height fences. These two options are being deleted as part of this proposal and would no longer be allowed. After discussing these issues, the Planning Commission unanimously adopted a motion recommending that the City Council adopt the proposal. It should be noted that this petition has no direct mailing list because the text amendment does not directly impact specific properties, no property owners or stakeholders indicated that they would like to receive notice regarding the changes, and no entities have requested direct notice related to special exceptions. EXHIBITS: 1. Project Chronology 2. Notice of City Council Public Hearing 3. Planning Commission Meetings A. November 18, 2020 Public Hearing i. Agenda and Minutes ii. Hearing Notice iii. Staff Report B. September 30, 2020 Work Session i. Agenda and Minutes ii. Staff Report 4. Historic Landmark Commission Meeting November 5, 2020 A. Agenda and Minutes B. Staff Report 5. Original Petition 5 1 SALT LAKE CITY ORDINANCE No. _____ of 2021 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code to eliminate special exceptions from that title) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2020-00606 to eliminate special exceptions from the city’s zoning ordinances. WHEREAS, the Salt Lake City Planning Commission held a public hearing on November 18, 2020 to consider a petition submitted by Mayor Erin Mendenhall (Petition No. PLNPCM2020-00606) to amend portions of Chapters 21A.06 (Zoning: Decision Making Bodies and Officials); 21A.24 (Zoning: Residential Districts); 21A.26 (Zoning: Commercial Districts); 21A.32 (Zoning: Special Purpose Districts); 21A.34 (Zoning: Overlay Districts); 21A.36 (Zoning: General Provisions); 21A.38 (Zoning: Nonconforming Uses and Noncomplying Structures); 21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off Street Parking, Mobility and Loading); 21A.46 (Zoning: Signs) 21A.52 (Zoning : Special Exceptions); 21A.60 (Zoning: Defined Terms); and 21A.62 (Zoning: Definitions) of the Salt Lake City Code to modify regulations pertaining to off street parking; and WHEREAS, at its November 18, 2020 meeting, the planning commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council on said petition; and WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 2 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.06.050.C.6 as follows: 6. Review and approve or deny certain modifications to dimensional standards for properties located within an H Historic Preservation Overlay District. This authority is also granted to the planning director or designee for applications within the H Historic Preservation Overlay District that are eligible for administrative approval by the planning director or zoning administrator. The certain modifications to zoning district specific development standards are listed as follows and are in addition to any modification authorized elsewhere in this title: a. Building wall height; b. Accessory structure wall height; c. Accessory structure square footage; d. Fence height; e. Overall building and accessory structure height; f. Signs pursuant to Section 21A.46.070 of this title; and g. Any modification to bulk and lot regulations, except density, of the underlying zoning district where it is found that the proposal complies with the applicable standards identified in Section 21A.34.020 and is compatible with the surrounding historic structures. SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.2 as follows: 2. Repealed. SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.6 (Grade Changes) as follows: 6. Grade Changes: No grading shall be permitted prior to the issuance of a building permit. The grade of any lot shall not be altered above or below established grade more than 4 feet at any point for the construction of any structure or improvement except: a. Within the buildable area. Proposals to modify established grade more than 6 feet shall be permitted for the construction of below grade portions of structures, egress windows, and building entrances. Grade change transition areas between a yard area and the buildable area shall be within the buildable area; b. Within the side and rear yard areas, grade changes greater than 4 feet are permitted provided: 3 (1) The grade change is supported by retaining walls. (2) No individual retaining wall exceeds 6 feet in height. c. Within the required front and corner side yards, grade changes up to 6 feet in height are permitted provided: (1) The grade change is necessary for driveways accessing legally located parking areas; and (2) The grade changes are supported by retaining walls. SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.050.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.060.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.070.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.080.D.6 (Maximum Building Height) as follows: 6. Additional Building Height: Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay 4 District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.24.100.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 9. Amending the text of Salt Lake City Code Subsection 21A.24.110.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 10. Amending the text of Salt Lake City Code Subsection 21A.26.010.J (Modifications to Maximum Height) as follows: J. Modifications to Maximum Height: The maximum height of buildings in commercial zoning districts may be increased up to 10% on any building face due to the natural topography of the site pursuant to the following standards: 1. At least 50% of the building complies with the maximum height of the underlying zoning district; 2. The modification allows the upper floor of a building to be level with the portion of the building that complies with the maximum building height of the zone without the 10% modification; and 3. The height of the ground floor is at least 12 feet in height measured from finished floor to finished ceiling height. SECTION 11. Amending the text of Salt Lake City Code Subsection 21A.32.100.D.3 as follows: 5 3. Recreation equipment heights are permitted to a height not to exceed 80 feet when needed due to the nature of the equipment or for the use to operate safely, such as fences surrounding golf course driving ranges. SECTION 12. Amending to the text of Salt Lake City Code Subsection 21A.32.100.D as follows: D. Maximum Building and Recreation Equipment Height: 1. Lots 4 acres or less: Building height shall be limited to 35 feet; provided that for each foot of height in excess of 20 feet, each required yard and landscaped yard shall be increased one foot. 2. Lots greater than 4 acres: Building heights in excess of 35 feet but not more than 45 feet may be permitted provided, that for each foot of height over 35 feet, each required yard and landscaped yard shall be increased one foot. Building heights in excess of 45 feet up to 60 feet may be approved through the design review process and that for each foot of height over 35 feet, each required yard and landscaped yard shall be increased one foot. 3. Recreation equipment heights or heights for buildings or structures for the Salt Lake City Public Utilities Department that are not specifically exempt in Section 21A.02.050 of this title, in excess of 60 feet may be approved through the special exception process. 4. Heights for buildings or structures for the Salt Lake City Public Utilities Department that are not specifically exempt in Section 21A.02.050 of this title, are exempt from the height restrictions in this zoning district provided the building or structure is deemed by the director of the public utilities department as critical infrastructure necessary to provide specific utility needs to the public. SECTION 13. Amending the text of Salt Lake City Code Subsection 21A.32.100.H (Lighting) as follows: H. Lighting: All uses and developments that provide lighting shall ensure that lighting installations comply with the following standards: 1. Lighting is installed in a manner and location that will not have an adverse impact on the natural environment when placed in areas with wildlife habitat, traffic safety or on surrounding properties and uses; 2. Light sources shall be shielded to eliminate excessive glare or light into adjacent properties and have cutoffs to protect the view of the night sky; and 3. Light poles for outdoor uses, such as sports fields, amphitheaters, and other similar uses may be permitted up to 70 feet in height provided the lights are located a 6 minimum of 30 feet from a residential use and directed to reduce light trespass onto neighboring properties. SECTION 14. Amending the text of Salt Lake City Code Subsection 21A.34.120.G (Special Exception for Garages) as follows: G. Garages Built into Hillsides in Front or Corner Side Yards: A garage built into a hillside and located forward of the front line of the building may be allowed subject to the following standards: 1. The rear and side yards cannot be reasonably accessed for the purpose of parking. 2. Because of the topography of the lot it is impossible to construct a garage and satisfy the standards of the YCI. 3. The ceiling elevation of the garage is below the elevation of the first or main floor of the house. 4. The garage meets all applicable yard requirements. SECTION 15. Amending text of Salt Lake City Code Subsection Table 21A.36.020.B (Obstructions in Required Yards) as follows (only the identified rows and columns in the table are amended): TABLE 21A.36.020B OBSTRUCTIONS IN REQUIRED YARDS1 Type Oof Structure Oor Use Obstruction Front and Corner Side Yards Side Yard Rear Yard Below grade encroachments underground obstructions when there is no exterior evidence of the underground structure other than entrances and required venting provided there are no conflicts with any easements or publicly owned infrastructure or utilities. X X X Changes of established grade of 4 feet or less except for the FP and FR Districts which shall be subject to the provisions of Subsection 21A.24.010.P of this title. (All grade changes located on a property line shall be supported by a retaining wall.) Grade changes greater than 4 feet in height provided the grade change includes a retaining wall, a horizontal step that is a minimum of 3 feet in depth is provided for every 4 vertical feet of retaining wall. X X X 7 Laundry drying equipment (clothesline and poles) X X X Window mounted refrigerated air conditioners and evaporative “swamp” coolers located at least 2 feet from the property line. X X X Notes: 1. ”X” denotes where obstructions are allowed. 2. Reserved. 3. The accessory structure shall be located wholly behind the primary structure on the property. SECTION 16. Amending the text of Salt Lake City Code Subsection 21A.36.350.A.3.c.(3) as follows: (3) A decorative masonry wall that is a minimum of 6 feet high shall be provided along all interior side and rear lot lines and that complies with all required site distance triangles at driveways and walkways. Walls in excess of 6 feet may be required as a condition of approval of a conditional use if it determines a taller wall is necessary to mitigate a detrimental impact created by the homeless resource center or homeless shelter; SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.38.040.H.2 (Enlargement of a Structure With a Nonconforming Use) as follows: 2. Enlargement of a Nonconforming Use: Enlargement of a legal nonconforming use are limited to a one time expansion of up to 25% of the gross floor area, or 1,000 gross square feet, whichever is less and subject to the site being able to provide required off street parking that complies with any applicable parking requirement of this title. An approved expansion shall be documented through an updated zoning certificate for the property. Any expansion to the nonconforming use beyond these limits is not permitted. The expansion shall be limited to a one-time expansion after April 12, 1995, the effective date of this title. Any expansion granted as a special exception after April 12, 1995 shall be considered as fulfilling the one-time expansion. SECTION 18. Amending the text of Salt Lake City Code Subsection 21A.38.050.B (Enlargement) as follows: B. Enlargement: A noncomplying structure may be enlarged if such enlargement and its location comply with the standards of the zoning district in which it is located or as provided in this section. 1. Noncomplying as to setbacks. 8 a. Front yard: A principal building with a front yard setback that is less than the minimum required may be enlarged provided the addition does not further reduce the existing front yard setback and complies with all other applicable requirements of Title 21A. b. Corner side yards: A principal building with a corner side yard setback that is less than the minimum required may be enlarged provided the addition does not further reduce the existing corner side yard setback and complies with all other applicable requirements of Title 21A. c. Interior side yards: Additions to a principal structure with noncomplying side yard setback(s) are permitted as follows: (1) Single story additions are permitted to follow the existing setback line provided the following standards are complied with: i. The exterior wall height of the addition is equal to or less than the exterior wall height of the existing building. When a cross slope exists along the exterior wall, the interior floor to ceiling height of the addition shall match the interior floor to ceiling height of the existing building. ii. The addition may extend the noncomplying exterior wall of the building up to 20% of the length of the existing wall. This shall be a one-time addition and no further additions are permitted. (2) Two story or greater additions shall comply with the side yard setback requirement(s) and maximum wall height as specified in the underlying zone. (3) In determining if a side yard is noncomplying, the narrower of the two side yards shall be interpreted to be the narrower side yard required in the underlying zoning district. (4) All other provisions of the underlying zoning district and any applicable overlay zoning district shall apply. d. Rear yards. A principal building noncomplying to rear yard setbacks may be expanded provided the expansion follows an existing noncomplying building wall and does not result in a decrease of the existing rear yard setback and complies with side and corner side yard setbacks of the underlying zoning district. If the building does not comply with the existing side or corner side yard setback, the expansion shall be permitted to extend to the side or corner side yard setback of the underlying zone. 2. Noncomplying as to Height: A principal structure that exceeds the maximum height of the underlying zoning district may be expanded at the existing height of the building provided the setbacks of the underlying zoning district are complied with. 9 SECTION 19. Amending the text of Salt Lake City Code Subsection 21A.38.050.F (Replacement or Reconstruction of a Noncomplying Structure) as follows: F. The replacement or reconstruction of any existing noncomplying portion of a principal structure or full replacement of a noncomplying accessory structure is permitted provided the replacement is in the same location or in a location that reduces the degree of noncompliance and is of substantially the same dimension. Enlarging a full replacement of a noncomplying accessory structure is permitted provided the enlarged section complies with all setback, height, maximum square feet, and lot or yard coverage requirements. SECTION 20. Amending the text of Salt Lake City Code Section 21A.38.060 (Noncomplying Lots) as follows: 21A.38.060: NONCOMPLYING LOTS: Subdividing Lots Containing Two or More Separate Principal Buildings: Lots that contain two or more separate principal buildings on a single parcel may be subdivided to place each structure on a separate lot subject to the following provisions: A. The properties shall be subdivided by recording of a plat. B. The proposed lots are exempt from the minimum lot area, lot width, lot coverage, and street frontage requirements of the underlying zoning district; C. The proposed setbacks shall be reviewed and approved by the Planning Director after consultation with applicable city departments; D. The proposed subdivision plat shall identify the front, corner side, interior side, and rear yards for the purpose of future development. E. Parking may be located anywhere within the proposed subdivision except front yards (unless already existing) and shall not be reduced below the existing off-street parking F. All lots that are part of the subdivision must include adequate access to a public street. Adequate access shall include pedestrian walkways and when off-street parking is required, vehicle access and parking. G. All necessary easements for access and utilities are shown on the plat. A note shall be added to indicate responsibility for maintenance of shared access and utilities. H. All other applicable regulations of the Salt Lake City Code shall apply. A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the effective date of any amendment to this title that makes the existing lot noncomplying shall be considered a legal complying lot and is subject to the regulations of this title. Any noncomplying lot not approved by the city that was created prior to January 13, 1950, may be approved as a legal noncomplying lot subject to the lot meeting minimum zoning 10 requirements at the time the lot was created and documented through an updated zoning certificate for the property. Any noncomplying lot not approved by the city that was created on or between January 13, 1950 to April 12, 1995, may be approved as a legal noncomplying lot subject to the lot meeting minimum zoning and subdivision requirements at the time the lot was created and documented through an updated zoning certificate for the property. Noncomplying lots may be combined to create a conforming lot or more conforming lot subject to any maximum lot size standards of the zoning district in which the lot is located. SECTION 21. Amending the text of Salt Lake City Code Section 21A.38.070 (Legal Conforming Single-Family Detached Dwelling, Two-Family Dwellings, and Twin Homes) as follows: Any legally existing single-family detached dwelling, two-family dwelling, or twin home shall be considered legal conforming. Legal conforming status shall authorize replacement of the single-family detached dwelling, two-family dwelling, or twin home structure to the extent of the original footprint. A. Alterations, Additions or Extensions or Replacement Structures Greater Than the Original Footprint: In zoning districts which do not allow detached single-family dwelling units, two-family dwelling units or twin homes, any alterations, extensions/additions or the replacement of the structure may exceed the original footprint by 25% of the existing structure subject to the following standards: 1. Any alterations, extensions/additions or the replacement structure shall not project into a required yard beyond any encroachment established by the structure being replaced. 2. All replacement structures in nonresidential zones are subject to the provisions of Section 21A.36.190, “Residential Building Standards for Legal Conforming Single- Family Detached Dwellings, Two-Family Dwellings and Twin Homes in Nonresidential Zoning Districts”, of this title. B. Off Street Parking: When replacing a legal conforming single- family detached dwelling, two-family dwelling or twin home, the number of new parking stalls provided shall be equal to or more than the number of parking stalls being replaced. The maximum number of outdoor parking stalls shall be 4 parking stalls per dwelling unit SECTION 22. Adopting a new Section 21A.38.075 (Unit Legalizations) to the text of the Salt Lake City Code as follows: 11 21A.38.075: UNIT LEGALIZATIONS: A. Purpose: The purpose of this subsection is to implement the existing Salt Lake City community housing plan by providing a process that gives owners of property with one or more excess dwelling units not recognized by the city an opportunity to legalize such units based on the standards set forth in this section. The intent is to maintain existing housing stock in a safe manner that contributes to the vitality and sustainability of neighborhoods within the city. B. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this section shall comply with the following standards: 1. The dwelling unit existed prior to April 12, 1995. In order to determine whether a dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide documentation thereof which may include any of the following: a. Copies of lease or rental agreements, lease or rent payments, or other similar documentation showing a transaction between the unit owner and tenants; b. Evidence indicating that prior to April 12, 1995, the city issued a building permit, business license, zoning certificate, or other permit relating to the dwelling unit in question; c. Utility records indicating existence of a dwelling unit; d. Historic surveys recognized by the planning director as being performed by a trained professional in historic preservation; e. Notarized affidavits from a previous owner, tenant, or neighbor; f. Polk, Cole, or phone directories that indicate existence of the dwelling unit (but not necessarily that the unit was occupied); or g. Any other documentation that the owner is willing to place into a public record which indicates the existence of the excess unit prior to April 12, 1995. 2. The excess unit has been maintained as a separate dwelling unit since April 12, 1995. In order to determine if a unit has been maintained as a separate dwelling unit, the following may be considered: a. Evidence listed in Subsection B.1 of this section indicates that the unit has been occupied at least once every 5 calendar years; b. Evidence that the unit was marketed for occupancy if the unit was unoccupied for more than 5 consecutive years; c. If evidence of maintaining a separate dwelling unit as required by Subsection B.1 of this section cannot be established, documentation of construction upgrades may be provided in lieu thereof. d. Any documentation that the owner is willing to place into a public record which provides evidence that the unit was referenced as a separate dwelling unit at least once every 5 years. 12 C. Conditions of Approval: Any approved unit legalization shall be subject to the following conditions: 1. The unit owner shall allow the city’s building official or designee to inspect the dwelling unit to determine whether the unit substantially complies with basic life safety requirements as provided in Title 18, Chapter 18.50, “Existing Residential Housing”, of this code. 2. All required corrections indicated during the inspection process must be completed within 1 year unless granted an extension by the Building Official. D. Application: A determination of non-conforming use application, provided by the zoning administrator, shall be required to legalize unrecognized dwelling units. SECTION 23. Amending the text of Salt Lake City Code Section 21A.40.040 “Use Limitations” as follows: 21A.40.040: USE LIMITATIONS: In addition to the applicable use limitations of the district regulations, no accessory use shall be permitted unless it complies with the restrictions set forth below: A. An accessory use shall be incidental and subordinate to the principal use or structure in area, extent and purpose; B. An accessory use, building or structure shall be under the same ownership or control as the principal use or structure, and shall be, except as otherwise expressly authorized by the provisions of this title, located on the same lot as the principal use or structure; C. No accessory use shall be established or constructed before the principal use is in operation or the structure is under construction in accordance with these regulations; D. No commercial sign, except as expressly authorized by this chapter or by the provisions of Chapter 21A.46 of this title, shall be maintained in connection with an accessory use or structure. E. An accessory use shall be permitted if it is routinely and customarily associated with the principal use and not otherwise prohibited by this title. For residential uses, this includes accessory uses that are customarily associated with a dwelling, such as home office, outdoor living space, pool houses, storage, personal use, hobbies, and other similar uses but does not include short term rentals or other uses not allowed in the zoning district. SECTION 24. Amending the text of Salt Lake City Code Subsection 21A.40.050.A as follows: 13 A. Location of Accessory Buildings in Required Yards: 1. Front Yards: Accessory buildings are prohibited in any required front yard and shall be set back at least as far as the principal building when the principal building exceeds the required front yard setback. Notwithstanding the foregoing, hoop houses and cold frame structures up to 24 inches in height may be placed in a front yard. 2. Corner Lots: No accessory building on a corner lot shall be closer to the street than the distance required for corner side yards. At no time, however, shall an accessory building be closer than 20 feet to a public sidewalk or public pedestrianway and the accessory building shall be set back at least as far as the principal building. Notwithstanding the foregoing, hoop houses and cold frame structures up to 24 inches in height may be placed in a corner side yard. 3. Side Yards: Accessory buildings are prohibited in any required interior side yard; however, hoop houses, greenhouses, and cold frame structures associated solely with growing food and/or plants are allowed in an interior side yard but no closer than one foot to the corresponding lot line. If an addition to residential buildings results in an existing accessory building being located in a side yard, the existing accessory building shall be permitted to remain, subject to maintaining a 4 foot separation from the side of the accessory building to the side of the residential building, as required in Subsection A.4.b of this section. 4. Rear Yards: Location of accessory buildings in a rear yard shall be as follows: a. In residential districts, no accessory building shall be closer than one foot to a side or rear lot line except when sharing a common wall with an accessory building on an adjacent lot. In nonresidential districts, buildings may be built to side or rear lot lines in rear yards, provided the building complies with all applicable requirements of the adopted building code. b. No portion of the accessory building shall be built closer than 4 feet to any portion of the principal building; excluding cold frames associated solely with growing food and/or plants. c. Garages on 2 or more properties that are intended to provide accessory building use for the primary occupants of the properties, in which the garage is located, may be constructed in the rear yards, as a single structure subject to compliance with adopted building code regulations and the size limits for accessory buildings on each property as indicated herein. 5. Accessory or Principal Lot: No portion of an accessory building on either an accessory or principal lot may be built closer than 10 feet to any portion of a principal residential building on an adjacent lot when that adjacent lot is in a residential zoning district; excluding hoop houses, greenhouses, and cold frames associated solely with growing food and/or plants. 6. Double Frontage Lots: Accessory structures and buildings located on a property where both the front and rear yards have frontage on a street may be located in a front yard provided the accessory building or structure: 14 a. Is located in a provided yard that is directly opposite the front yard where the primary entrance to the principal building is located; b. Is in a location that is consistent with other accessory building locations on the block; c. Complies with any clear view triangle requirements of this title; and d. Complies with all other accessory building and structure requirements of this title. SECTION 25. Amending the text of Salt Lake City Code Subsection 21A.40.050.C (Maximum Height of Accessory Structures) as follows: C. Maximum Height of Accessory Buildings/Structures: 1. Accessory to Residential Uses in the FP District, RMF Districts, RB, R-MU Districts, SNB and the RO District: The height of accessory buildings/structures in residential districts are measured from established grade to the highest point of the accessory building and shall conform to the following: a. The height of accessory structures with flat roofs shall not exceed 12 feet. The height of flat roof structures may be increased up to 75% of the height of the principal structure, not to exceed 15 feet provided the setbacks increases one foot for every one foot of building height above 12 feet. b. The height of accessory structures with pitched roofs shall not exceed 17 feet measured to the midpoint of the roof. The height of pitched roof structures may be increased up to 75% of the height of the principal structure, not exceed 15 feet provided the setbacks increase one foot for every one foot of structure height above 17 feet. 2. Accessory to Residential Uses in the FR, R-1 Districts, R-2 District and SR Districts: The height of accessory buildings/structures in the FR districts, R-1 districts, R-2 district and SR districts are measured from established grade to the highest point of the accessory structure and shall conform to the following: a. The height of accessory structures with flat roofs shall not exceed 12 feet; 9 feet in the SR-1A zoning district. The height of flat roof structures may be increased up to 75% of the height of the principal structure, not to exceed 15 feet or 11 feet in the SR-1A zoning district provided the setbacks are increased one foot for every one foot of building height above 12 feet or 9 feet in the SR-1A zoning district. b. The height of accessory structures with pitched roofs shall not exceed 17 feet at any given point of building coverage. In the SR-1A zoning district the height of accessory structures with pitched roofs shall not exceed 14 feet. The height of pitched roof structures may be increased up to 75% of the height of the principal structure, not to exceed 21 feet or 15 feet in the SR-1A zoning district provided 15 the setbacks are increased one foot for every one foot of building height above 17 feet or 15 feet in the SR-1A zoning district. SECTION 26. Amending the text of Salt Lake City Code Section 21A.40.065 (Outdoor Dining) as follows: 21A.40.065: OUTDOOR DINING: “Outdoor dining”, as defined in Chapter 21A.62 of this title, shall be allowed in any zoning districts where restaurant and retail uses are allowed subject to the provisions of this section: A. Where allowed: 1. Within the buildable lot area; 2. Within a required or provided front or corner side yard; 3. Within a required side yard provided: the outdoor dining is setback a minimum of 10 feet when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section. 4. Within a required rear yard provided the outdoor dining is setback a minimum of 10 feet when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section. 5. Within a public right of way or an adjacent public property subject to all applicable lease agreements, applicable regulations, and the outdoor dining design guidelines. B. All outdoor dining shall be subject to the following conditions: 1. All applicable requirements of Chapter 21A.48 and Section 21A.36.020 of this title are met. 2. All required business, health and other regulatory licenses for the outdoor dining have been secured. 3.A detailed site plan demonstrating the following: a. All the proposed outdoor dining activities will be conducted on private property owned or otherwise controlled by the applicant and that none of the activities will occur on any publicly owned rights-of-way unless separate approval for the use of any such public rights-of-way has been obtained from the city; b. The main entry has a control point as required by state liquor laws. 4. The proposed outdoor dining complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for property. 16 5. Live music will not be performed, nor loudspeakers played in the outdoor dining area unless the decibel level is within conformance with the Salt Lake City noise control ordinance, Title 9, Chapter 9.28 of this code. Live music and loudspeakers are prohibited outside between the hours of 9:00 pm and 9:00 am when the property is adjacent to a residential zoning district. 6. Outdoor dining shall be by considered an expansion of the use for the purpose of determining if additional parking is required as stated in Chapter 21A.44 (Parking). 7. Smoking shall be prohibited within the outdoor dining area and within 25 feet of the outdoor dining area. SECTION 27. Amending the text of Salt Lake City Code Subsection 21A.40.090.D (Amateur Radio Facilities With Surface Area Exceeding Ten Square Feet) as follows: D. Amateur Radio Facilities With Surface Area Exceeding 10 Square Feet: Any antenna and antenna support having a combined surface area greater than 10 square feet or having any single dimension exceeding 12 feet that is capable of transmitting as well as receiving signals and is licensed by the Federal Communications Commission as an amateur radio facility shall be permitted as an accessory use, but only in compliance with the regulations set forth below: 1. Number Limited: No more than one such antenna or antenna support structure with a surface area greater than 10 square feet or any single dimension exceeding 12 feet may be located on any lot. 2. Height Limited: No such antenna and its support structure shall, if ground mounted, exceed 75 feet in height or, if attached to a building pursuant to Subsection D.3 of this section, the height therein specified. 3. Attachment to Buildings Limited: No such antenna or its support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied: a. Height: The antenna and its support structure shall not extend more than 20 feet above the highest point of the building on which it is mounted. b. Mounting: The antenna and its support structure shall not be attached to or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front or corner side of any principal building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of 80 miles per hour without the use of supporting guywires. c. Grounding: The antenna and its support structure shall be bonded to a grounding rod. 17 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.40.090.E.3.b (Electrical Equipment Located on Private Property) as follows: b. Electrical Equipment Located on Private Property: Electrical equipment shall be subject to the following standards: (1) Located in a rear yard, interior side yard, or within the building area of the lot. (2) If located in a zoning district without a require front or corner side yard setback, the equipment shall be located a minimum of 10 feet from the front or corner side yard property line. (3) Located a minimum of 4 feet from a side or rear property line unless located in an enclosed structure or a vault where the equipment will not be visible. (4) If the equipment is located next to a public trail, park, open space, or other public space other than a street, the equipment shall be screened by a masonry wall or solid fence so the equipment is not visible. (5) The electrical equipment and any structure associated with the electrical equipment is subject to the maximum lot coverage of the underlying zoning district. SECTION 29. Amending Section 21A.40.100 (Mechanical Equipment) to the text of Salt Lake City Code as follows: 21A.40.100: LOCATION OF MECHNICAL EQUIPMENT: All mechanical equipment shall be located as follows: A. Front and Corner Side Yards and Double Frontage Lots: Only allowed if located within 4 feet of the principal building and screened by vegetation, a solid wall or fence so the equipment is not visible and at least 10 feet from the front and corner side yard property lines. B. Side Yards: At least 4 feet from a side property line. If the equipment is adjacent to a driveway, parking stall, or accessory structure on an adjacent parcel, the setback may be reduced to 2 feet. C. Rear Yards: at least 4 feet from a rear property line. If the equipment is adjacent to a driveway, parking stall, or accessory structure on an adjacent parcel, the setback may be reduced to two feet. D. Prohibited Areas: in addition to the yard requirements above, mechanical equipment is prohibited to be located on the roof of an accessory structure, with the exception of exhaust fans and mechanical vents serving the accessory building in which case the fans or vents shall be at least 10 feet from a property line. 18 SECTION 30. Amending the text of Salt Lake City Code Subsection 21A.40.120.I (Barbed Wire Fences) as follows: I. Barbed Wire Fences: Permitted Use: Barbed wire fencing is allowed as a permitted use in the following instances: 1. AG, AG-2, AG-5, AG-20, A, CG, M-1, and M-2 districts and to secure critical infrastructure located in any other zoning district not listed subject to the following requirements. Critical infrastructure includes sites that are necessary to protect the facility or site for the purpose of public health and safety. Barbed wire is also permitted to secure construction sites and sites where construction is pending provided it is removed once construction is complete. 2. Barbed wire fences shall be subject to the following provisions: a. Not allowed in a provided or required front yard. b. The barbed wire is permitted to exceed the maximum fence height. c. No strand of barbed wire shall be permitted less than 7 feet in height above the ground except for agricultural purposes provided the barbed wire is vertically aligned. d. No more than 3 strands of barbed wire are permitted. e. The barbed wire strands shall not slant outward from the fence more than 60 degrees from a vertical line. f. All barbed wire shall be setback a minimum of 3 feet from public property. g. The barbed wire is not located along a property line shared with a residential use when the subject property is in a CG zoning district. SECTION 31. Amending the text of Salt Lake City Code Subsection 21A.40.120.J (Razor Wire Fences) as follows: J. Razor Wire Fences: Razor wire fencing is allowed as a permitted use in the M-1, M-2 and EI zoning districts and to secure critical infrastructure structures and sites located in any other zoning district subject to the following requirements. Critical infrastructure includes sites that are necessary to protect the facility or site for the purpose of public health and safety. 1. Razor wire is not allowed in a provided or required front or corner side yard. 2. Razor wire is permitted to exceed the maximum fence height to a height necessary to reasonably secure the site. 19 3. No strand of razor wire shall be permitted on a fence that is less than 7 feet high. Razor wire coils shall not exceed 18 inches in diameter and must slant inward from the fence to which the razor wire is being attached. 4. All razor wire shall be setback a minimum of 3 feet from public property in zoning districts that do not have a minimum setback. SECTION 32. Amending the text of Salt Lake City Code Subsection 21A.40.120.L (Electric Security Fences) as follows: L. Electric Security Fences: 1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 and M-2 zones. Electric security fences on parcels or lots that abut a residential zone are prohibited. 2. Location Requirements: Electric security fences shall not be allowed in required front yard setbacks or on frontages adjacent to residentially zoned properties. 3. Compliance With Adopted Building Codes: Electric security fences shall be constructed or installed in conformance with all applicable construction codes. 4. Perimeter Fence or Wall: No electric security fence shall be installed or used unless it is fully enclosed by a nonelectrical fence or wall that is not less than 6 feet in height. There shall be at least one foot of spacing between the electric security fence and the perimeter fence or wall. 5. Staging Area: All entries to a site shall have a buffer area that allows on site staging prior to passing the perimeter barrier. The site shall be large enough to accommodate a vehicle completely outside of the public right of way. 6. Height: Electric security fences shall have a maximum height of 10 feet. 7. Warning Signs: Electric security fences shall be clearly identified with warning signs that read: “Warning-Electric Fence” at intervals of not greater than 60 feet. Signs shall comply with requirements in Chapter 21A.46, “Signs”, of this title. 8. Security Box: Electric security fences shall have a small, wall mounted safe or box that holds building keys for police, firefighters and EMTs to retrieve in emergencies. SECTION 33. Amending the text of Salt Lake City Code Section 21A.40.130 (Access for Persons with Disabilities) as follows: 21A.40.130: ACCESS FOR PERSONS WITH DISABILITIES: Building permits for an uncovered vertical wheelchair lift, or for an uncovered access ramp, for persons with disabilities, under 4 feet in height, or any other form of uncovered access, for persons with disabilities, under 4 feet in height, that encroaches into required yard areas, may be approved by the zoning administrator as a permitted accessory structure. Covered ramps or other access structures for persons with disabilities that encroach into required yard 20 areas, shall be considered as a reasonable accommodation under applicable federal regulations. SECTION 34. Amending the text of Salt Lake City Code Section 21A.40.160 (Ground Mounted Utility Boxes) as follows: 21A.40.160: GROUND MOUNTED UTILITY BOXES: A. Purpose: Utility infrastructure provides a necessary service to the community. The regulations of this section are intended to allow for ground mounted utility boxes while reducing the negative impacts they may create. B. Compliance With Regulations Required: All ground mounted utility boxes shall be subject to the regulations of this section and any applicable requirement in Title 21A, unless exempted within Section 21A.02.050 of this title and any applicable adopted code and regulation. The location and access for maintenance of all required utility infrastructure is subject to approval by the utility provider and complying with all applicable adopted codes and regulations. No construction shall be undertaken without the applicable city permits and public way permits. C. Location: Ground mounted utility boxes shall be located as required by this section. 1. On the subject parcel or an adjacent parcel when part of new construction or as an addition to an existing building that requires additional utility service subject to the following standards: a. Rear and Side Yards: the ground mounted utility box shall be located a minimum of one foot from a side or rear property line. b. Front and Corner Side Yards: The ground mounted utility box shall be located within 5 feet of the building façade when located in required or provided front or corner side yard and at least one foot from a front or corner side yard property line. Utility boxes in a front or corner side yard shall be screened by a wall, fence, or hedge of at least equal height not to exceed the maximum height for a wall or fence allowed in the applicable yard. c. Ground mounted utility box(es) may be placed in a required landscaped yard if screened by a wall, fence or hedge of at least equal height not to exceed the maximum height for a wall or fence allowed in the applicable yard. d. If proposed on an adjacent parcel, an easement shall be provided for the utility boxes and associated equipment along with consent from the owner of the adjacent parcel. 2. In a public right of way if each of the following criteria are satisfied: a. There is an existing building on the subject property that is located in a manner that prohibits the placement of required utility infrastructure on the property; 21 b. There is no existing front yard, corner side yard, interior side yard, or rear yard of sufficient size to accommodate ground mounted utility box(es) and access for maintenance, as required by the utility provider, of the box(es) within the yard. A right of way may be used to accommodate necessary working space; c. There is not an alley adjacent to the subject property that provides sufficient access as required by the utility provider to a yard of sufficient size to accommodate ground mounted utility box(es). If the alley is not a public alley, necessary permissions and easements must be provided; d. The existing utilities are not being relocated to support an expansion of the use or building or for any new use or accessory use on the property; e. The ground mounted utility box will not negatively impact any existing or planned public improvement within the right of way; f. The ground mounted utility box is located at least 10 feet away from any tree in the right of way; g. The ground mounted utility box(es) comply with all requirements of Chapter 14.32 or its successor; and h. The applicant has provided to the city and the utility provider the dimensions and space requirements necessary for the utility needs, as determined by the utility provider, of the proposed development. 3. In a public right of way when the ground mounted utility box is necessary to provide utility service to the broader neighborhood, the location is consistent with any legal agreement between the utility provider and the city, and the proposed utility box complies with all applicable regulations. 4. The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and Title 14,Chapter 14.32 of this code. D. Materials: All ground mounted utility boxes shall consist of high quality material such as stainless steel or other durable painted or colored material. The finish shall be a neutral color such as dark or light green, beige or gray or color similar to utility boxes within the vicinity and coated with a graffiti resistant treatment. E. Post installation Obligations: All ground mounted utility boxes and any related screening materials shall remain the service provider’s responsibility to keep in a state of good visual quality and repair. 1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall also comply with all conditions as set forth in the service provider’s/owner’s franchise agreement with the city. If the terms of any franchise agreement conflict with the provisions of this title, the ordinance regulations shall prevail and govern. 2. Discontinued Use: If the service provider/owner of a ground mounted utility box in the public right of way discontinues the use or has no defined need for said box, it is that service provider’s/owner’s sole responsibility to remove the box and all associated conduit and wiring at its own expense in compliance with all engineering division requirements. 22 3. Required Contact Information: A service provider shall place a permanent notice on the box containing the service provider’s name and telephone number for the purpose of notification in the event of graffiti or damages to the equipment. 4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in reasonably good repair in a clean, safe and level condition. “Level condition” shall mean not tilting greater than 15° from plumb. A service provider shall repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. SECTION 35. Amending the text of Salt Lake City Code Section 21A.44.090 Modification to Parking Areas as follows: 21A.44.090: MODIFICATIONS TO PARKING AREAS: Applicants requesting development permits or approvals may request adjustments to the standards and requirements in this Chapter 21A.44: Off Street Parking, Mobility, and Loading, and the city may approve adjustments to those standards, as described below. A. Authority to Approve Modifications: The planning director or transportation director may approve the following types of modifications provided that the Director determines that the adjustment will not create adverse impacts on pedestrian, bicycle, or vehicle safety and that the adjustment is required due to the nature of the site and the surrounding context (such as shape, topography, utilities, or access point constraints) and that the need for the adjustment has not been created by the actions of the applicant. B. Authorized Modifications: 1. Modification to dimensions or geometries of parking, loading, or stacking space, aisles, or maneuvering areas otherwise required by this chapter, other City regulations, or the Off Street Parking Standards Manual; provided that those modifications are consistent with federal and state laws regarding persons with disabilities, including but not limited to the Americans with Disabilities Act. 2. Modifications to bicycle parking or loading berth location or design standards. 3. Front Yard Parking: a. The lot contains an existing residential building. b. No other off-street parking exists on the site. c. No provided side yard is greater than 8 feet. If greater than 8 feet, no tree over 6 inches in caliper is present in the side yard that would necessitate the removal of the tree to locate a parking stall in the side yard or rear yard. d. The rear yard does not have frontage on a public street or public alley and the property does not have access rights across an adjacent private street or alley. e. The front yard parking complies with the following standards: 23 (1) The front yard parking is limited to no wider than 10 feet in width and is a minimum depth of 20 feet. (2) The front yard parking is accessed by an approved drive approach. (3) The location of the front yard parking is placed within 10 feet of a side lot line or for corner properties, may also be within 10 feet of a rear lot line and is consistent with the location of other driveways on the block face. (1) Parking is restricted to passenger vehicles only. 4. Vehicle and Equipment Storage Without Hard Surfacing: a. The property is located in a CG, M-1, M-2, or EI zoning district b. The lot is used for long term vehicle storage, not for regular parking and/or maneuvering. b. The storage areas are not located within any required front yard or corner side yard. c. The storage area surface is compacted with 6 inches of road base or other similar material with dust control measures in place. d. A mechanism, such as a wash bay, gravel guard, or rumble strip is used to remove mud, sand, dirt, and gravel from the vehicle with a minimum of 50 feet of paved driveway between the mechanism and a public street. The mechanism used is subject to approval by the Transportation Director or designee provided it is a commonly used device that is effective at removing debris from vehicle tires. SECTION 36. Amending the text of Salt Lake City Code Subsection 21A.46.070.V (Historic District Signs) as follows: 21A.46.070.V Historic District Signs: The historic landmark commission may authorize, as a minor alteration modification to an existing sign or the size or placement of a new sign in a historic district or on a landmark site, including placement of a sign type not allowed in the underlying zone, if the applicant can demonstrate that the location, size and/or design of the proposed sign is compatible with the design period or theme of the historic structure or district and/or will cause less physical damage to the historically significant structure. If a sign in a local historic district or on a landmark site has been designated a vintage sign as per Section 21A.46.125 of this chapter, the modifications allowed in that section may be authorized by the historic landmark commission subject to the appropriate standards of Section 21A.34.020 of this title. 24 SECTION 37. Amending the text of Salt Lake City Code Chapter 21A.46.125 (Vintage Signs) as follows: A. The purpose of this section is to promote the retention, restoration, reuse, and reinstatement of nonconforming signs that represent important elements of Salt Lake City’s heritage and enhance the character of a corridor, neighborhood, or the community at large. B. Notwithstanding any contrary provision of this title: 1. An application for designation of vintage sign status as well as for the reinstatement of, modifications to, or relocation of a vintage sign shall be processed in accordance with the procedures set forth in Chapter 21A.08 and Section 21A.46.030 as well as the following: Application: In addition to the general application requirements for a sign, an application for vintage sign designation or modification shall require: (a) Detailed drawings and/or photographs of the sign in its current condition, if currently existing; (b) Written narrative and supporting documentation demonstrating how the sign meets the applicable criteria; (c) Detailed drawings of any modifications or reinstatement being sought; (d) Detailed drawings of any relocation being sought; and (e) Historic drawings and/or photographs of the sign. 2. The zoning administrator shall designate an existing sign as a vintage sign if the sign: a. Was not placed as part of a Localized Alternative Signage Overlay District and has not been granted flexibility from the base zoning through a planned development agreement or by the historic landmark commission; b. Is not a billboard as defined in Section 21A.46.020 of this chapter; c. Retains its original design character, or that character will be reestablished or restored, based on historic evidence such as drawings or photographs; and d. Meets at least 4 of the following criteria: (1) The sign was specifically designed for a business, institution, or other establishment on the subject site; (2) The sign bears a unique emblem, logo, or another graphic specific to the city, or region; (3) The sign exhibits specific characteristics that enhance the streetscape or identity of a neighborhood; (4) The sign is or was characteristic of a specific historic period; (5) The sign is or was integral to the design or identity of the site or building where the sign is located; or 25 (6) The sign represents an example of craftsmanship in the application of lighting technique, use of materials, or design. 3. A designated vintage sign may: a. Be relocated within its current site. b. Be modified to account for changing uses within its current site. These modifications shall be in the same style as the design of the original sign including: (1) Shape and form, (2) Size, (3) Typography, (4) Illustrative elements, (5) Use of color, (6) Character of illumination, and (7) Character of animation. c. Be restored or recreated, and reinstated on its original site. d. Be relocated to a new site for use as a piece of public art, provided that the original design and character of the sign is retained, or will be restored, and it advertises a business no longer in operation. Vintage signs may only be relocated for use as public art to sites in the following districts: D-1, D-2, D-3, D-4, G-MU, CSHBD1, CSHBD2, FB-UN2, FB-UN3, FB-SC, FB-SE, TSA. e. Be relocated and reinstalled on the business’s new site, should the business with which it is associated move, provided that the business’s new location is within the same contiguous zoning district as the original location. 4. Once designated, a vintage sign is exempt from the calculation of allowed signage on a site. SECTION 38. Deleting Chapter 21A.52 Special Exceptions of the Salt Lake City Code Chapter. Chapter 21A.52 (Special Exceptions) is deleted in its entirety. SECTION 39. Amending the text of the Salt Lake City Code Section 21A.60.020 (List of Defined Terms) by adding the following term in alphabetical order: Ground mounted utility box. SECTION 40. Adding the following definition in alphabetical order to Section 21A.62.040 (Definition of Terms) of the Salt Lake City Code as follows: 26 Ground mounted utility boxes: shall mean such equipment and facilities, including pedestals, boxes, cabinets, meters or other ground mounted facilities and associated equipment that extend over 6 inches above ground level used for the transmission or distribution of utilities. SECTION 41. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. Ordinance deleting special exceptions from city code(legislative) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Paul Nielson, Senior City Attorney March9, 2021 TABLE OF CONTENTS 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. PLANNING COMMISSION MEETINGS A. NOVEMBER 18, 2020 PUBLIC HEARING i. AGENDA AND MINUTES ii. HEARING NOTICE iii. STAFF REPORT B. SEPTEMBER 30, 2020 WORK SESSION i. STAFF REPORT ii. MINUTES 4. HISTORIC LANDMARK COMMISSION MEETING NOVEMBER 5, 2020 A. AGENDA AND MINUTES B. STAFF REPORT 5. ORIGINAL PETITION 6 1. PROJECT CHRONOLOGY 7 Petition: PLNPCM2020-00606 August 5, 2020 The mayor initiated a petition to remove the special exception process from the zoning ordinance. August 5, 2020 Petition PLNPCM2018-00606 assigned to Nick Norris, Planning Director, for staff analysis and processing. August 11, 2020 Petition routed to each City Department and Division for review and comment. August 13, 2020 Early engagement period started by sending an email containing preliminary information sent to all Community Council Chairs informing them of the proposed text amendments, and that Planning Commission and City Council meetings would be scheduled in the future. August 13, 2020 Public information posted to the Planning Division website explaining the proposal and containing proposed text of code changes. August 14, 2020 Email notice of the digital open house sent to the Planning Division list- serve. This email is sent every two weeks with each item that is in the public engagement phase. September 17, 2020 Email sent to American Institute of Architects Utah Chapter with information on the proposal and seeking input from the architecture community. September 21. 2020 Presentation to the Sugar House Land Use Committee. September 30, 2020 Planning Commission work session to discuss proposal October 5, 2020 Planning Division internal review and drafting of recommendations from Planning Commission October 23, 2020 Public notice for November 5, 2020 HLC meeting sent to Division list serve, posted on city website, and posted on Utah Public Meeting website. October 24, 2020 Public hearing notice posted in newspaper October 29, 2020 Ground Mounted Utility Box discussion with City Departments and Rocky Mountain Power November 5, 2020 Public Hearing with the Historic Landmark Commission. HLC recommended that the City Council adopt the proposed changes. 8 November 6, 2020 Public hearing notice for November 18, 2020 Planning Commission public hearing published in newspaper, posted on the Planning Division website and on the State of Utah Public Meeting website, and emailed to Planning Division list serve. November 18, 2020 Planning Commission reviewed the proposal and conducted a public hearing. The Planning Commission adopted a motion recommending that the City Council adopt the proposed changes. December 7, 2020 Transmittal forwarded to Community and Neighborhood Department. 9 2. NOTICE OF CITY COUNCIL HEARING 10 The Salt Lake City Council is considering Petition PLNPCM2020-00606 Special Exception Text Amendments - A request by Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to the zoning ordinance regulations regarding special exceptions. The proposal would delete and eliminate the special exception process from the zoning ordinance. A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures. There are more than forty special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each special exception being deleted, permitted, or authorized through a different process in the zoning ordinance. Some special exceptions that will become permitted include changes to standards to add flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning and Title 14 may be amended as part of this petition. The changes would apply Citywide. As part of their study, the City Council is holding two advertised public hearings to receive comments regarding the petition. During these hearings, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance on the same night of the second public hearing. The hearing will be held electronically: DATE: Date #1 and Date #2 TIME: 7:00 p.m. PLACE: **This meeting will not have a physical location. **This will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation. If you are interested in participating in the Public Hearing, please visit our website at https://www.slc.gov/council/ to learn how you can share your comments during the meeting. Comments may also be provided by calling the 24-Hour comment line at (801)535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Nick Norris at 801-641-1728 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at nick.norris@slcgov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-7600, or relay service 711. 11 3A. PLANNING COMMISSION HEARING – NOVEMBER 18, 2020 i. AGENDA AND MINUTES 12 SALT LAKE CITY PLANNING COMMISSION MEETING AMENDED AGENDA This meeting will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation November 18, 2020, at 5:30 p.m. (The order of the items may change at the Commission’s discretion) This Meeting will not have an anchor location at the City and County Building. Commission Members will connect remotely. We want to make sure everyone interested in the Planning Commission meetings can still access the meetings how they feel most comfortable. If you are interested in watching the Planning Commission meetings, they are available on the following platforms: YouTube: www.youtube.com/slclivemeetings SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2 If you are interested in participating during the Public Hearing portion of the meeting or provide general comments, email; planning.comments@slcgov.com or connect with us on Webex at: http://tiny.cc/slc-pc-11182020 Instructions for using Webex will be provided on our website at SLC.GOV/Planning PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM REPORT OF THE CHAIR AND VICE CHAIR REPORT OF THE DIRECTOR 1. Consideration of a Stay of Decision - On October 28, 2020 the Planning Commission approved a special exception for additional building height to add a second story to existing home located at approximately 1400 East Federal Way; Case number PLNPCM2020- 00465. That decision has been appealed. City ordinance 21A.52.120.B authorizes the Planning Commission to consider whether to stay the decision that is being appealed. A stay prevents the city from taking any further action regarding the application, including issuing building permits, performing inspections, or finalizing inspections, until a decision is reached by the appeals hearing officer. A stay does not prohibit the applicant from performing work on the subject property that does not require a permit or for work related to a permit that has already been issued. If a stay is not granted, the city would be obligated to issue permits, perform inspections and approve permits. The property owner proceeds at their own risk pending a decision on the appeal. (Staff contact: Caitlyn Miller at (385) 315-8115 or caitlyn.miller@slcgov.com) CONSENT AGENDA 2. Kensington Tower Time Extension Request – Steve Brown, project representative, is requesting a one-year time extension of approval for the Kensington Tower Design Review. The applicant has indicated that additional time is needed due to delays related to the current COVID-19 pandemic. Design Review was approved by the Planning Commission on November 13, 2019 for a 448-foot-tall multi-family residential tower. The subject property is 13 located at approximately 75 E. 200 S., in the D-1 (Central Business District) within Council District 4, represented by Ana Valdemoros. (Staff contact: John Anderson at (385) 226-6479 or john.anderson@slcgov.com) Case number PLNPCM2019-00786 3. APPROVAL OF MINUTES FOR OCTOBER 28, 2020 PUBLIC HEARINGS 1. Conditional Use ADU at approximately 2321 S Windsor St - Andrea Palmer with Modal, representing the property owner, is seeking Conditional Use approval for an Accessory Dwelling Unit (ADU) in a detached structure at approximately 2321 S Windsor Street. The ADU will be located in the Southeast corner of the rear yard of the subject property. The ADU will measure approximately 561 square feet and will measure a height of approximately 11 feet 7 inches. The subject property is located in the R-1/5,000 Single-Family Residential zoning district and is located within Council District 7, represented by Amy Fowler. (Staff contact: Chris Earl at (801) 535-7932 or christopher.earl@slcgov.com) Case number PLNPCM2020-00512 2. East Liberty Tap House Conditional Use for a Bar at approximately 850 East 900 South - Caroline & Josh Stewart, the property owners, are requesting Conditional Use approval for a bar establishment to be located at 850 E 900 S. The space is currently occupied by the East Liberty Tap House and the bar establishment will retain the same name and ownership. The applicants are proposing to change the existing tavern/restaurant license and approval at this location to a bar establishment which requires a new Conditional Use approval. A Bar is allowed as a Conditional Use in the CB – Community Business zoning district subject to certain size limitations. An area that previously functioned as a private dining room will be incorporated into the bar's space for patrons. The building's exterior, parking and other aspects are not being modified through this request. The subject property is located within Council District 5, represented by Darin Mano (Staff contact: David J. Gellner at (385) 226- 3860 or david.gellner@slcgov.com) Case number PLNPCM2020-00558 3. Emeril Townhomes Planned Development, Design Review and Preliminary Subdivision at approximately 833 W Emeril Avenue - Jarod Hall, representing the property owner, is requesting approval for a new townhome development at 833 Emeril Avenue. The project will replace one single family residence on a single lot with 12 single family attached townhomes. The total site is 0.27 acres. The proposed project is subject to the following applications: a. Planned Development: The Planned Development is needed to address the lack of street frontage and modifications to the TSA zoning regulations. Case number PLNPCM2020-00288 b. Design Review: The development requires Design Review approval as the development did not receive enough points through the TSA development review process for administrative (staff level) approval. Case number PLNPCM2020-00289 c. Preliminary Subdivision: The development also involves a preliminary plat to create the individual new townhome lots. Case number PLNSUB2020-00347 The subject property is located within Council District 2, represented by Andrew Johnston. (Staff contact: Katia Pace at (801) 535- 6354 or katia.pace@slcgov.com) 4. Deleting Special Exceptions from the Zoning Ordinance and Associated Ordinance Changes - Mayor Erin Mendenhall, at the request of the Planning Division, is requesting 14 amendments to the zoning ordinance regulations regarding special exceptions. The proposal would delete and eliminate the special exception process from the zoning ordinance. A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures. There are more than forty special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each special exception being deleted, permitted, or authorized through a different process in the zoning ordinance. Some special exceptions that will become permitted include changes to standards to add flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning and Title 14 may be amended as part of this petition. The changes would apply Citywide. (Staff contact: Nick Norris at (801) 535-6173 or nick.norris@slcgov.com) Case number PLNPCM2020-0606 For Planning Commission agendas, staff reports, and minutes, visit the Planning Division’s website at slc.gov/planning/public-meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission. 15 SALT LAKE CITY PLANNING COMMISSION MEETING This meeting was held electronically pursuant to the Salt Lake City Emergency Proclamation Wednesday, November 18, 2020 A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to order at 5:30:26 PM. Audio recordings of the Planning Commission meetings are retained for a period of time. Present for the Planning Commission meeting were: Chairperson, Brenda Scheer; Vice Chairperson, Amy Barry; Commissioners Maurine Bachman, Adrienne Bell, Carolynn Hoskins, Matt Lyon, Andres Paredes, Sara Urquhart, and Crystal Young-Otterstrom. Planning Staff members present at the meeting were: Nick Norris, Planning Director; Wayne Mills, Planning Manager; John Anderson, Planning Manager; Paul Nielson, Attorney; Caitlyn Miller, Principal Planner; Chris Earl, Associate Planner; David Gellner, Principal Planner; Katia Pace, Principal Planner; and Marlene Rankins, Administrative Secretary. Chairperson Brenda Scheer read the emergency proclamation for conducting a virtual meeting. REPORT OF THE CHAIR AND VICE CHAIR 5:31:35 PM Chairperson Scheer stated that it is her and Amy Barry’s first time serving as Chair and Vice- Chair and asked the public for their patience while they settle into their new roles. Vice Chairperson Barry stated she had nothing to report. REPORT OF THE DIRECTOR 5:32:08 PM Wayne Mills, Planning Manager, provided the public with instructions on how to join and participate during the meeting. 6:41:48 PM Deleting Special Exceptions from the Zoning Ordinance and Associated Ordinance Changes - Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to the zoning ordinance regulations regarding special exceptions. The proposal would delete and eliminate the special exception process from the zoning ordinance. A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures. There are more than forty special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each special exception being deleted, permitted, or authorized through a different process in the zoning ordinance. Some special exceptions that will become permitted include changes to standards to add flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A- Zoning and Title 14 may be amended as part of this petition. The changes would apply Citywide. ( 16 Staff contact: Nick Norris at (801) 535-6173 or nick.norris@slcgov.com) Case number PLNPCM2020-0606 Nick Norris, Planning Director, reviewed the petition as outlined in the Staff Report (located in the case file). The Commission and Staff discussed the following: Clarification on whether extra height for buildings is allowed if the primary structure is nonconforming in height Clarification on nonconforming structures PUBLIC HEARING 7:04:10 PM Chairperson Scheer opened the Public Hearing; Cindy Cromer – Stated she mentioned to the Historic Landmark Commission the issue of lack of public notice once the changes are approved. She also stated that over time uses associated with special exceptions have changed dramatically; an example is outdoor dining. Zachary Dussault – Stated his support of the request. Seeing no one else wished to speak; Chairperson Scheer closed the Public Hearing. Nick Norris, Planning Director, provided information on notices that are provided to the public. The Commission and Staff further discussed the following: Whether public comments received by staff are sent to City Council Clarification on whether the neighborhood will still receive notices if the petition is approved Clarification on the number of special exceptions in the zoning ordinance that are being changed Clarification on how the proposed changes affect daycares MOTION 7:17:02 PM Commissioner Bell stated, based on the information in the staff report, the information presented, and the input received during the public hearing, I move that the Planning Commission recommend that the City Council approve the proposed text amendment, PLNPCM2020-00606 Special Exception Text Amendment. Commissioner Bachman seconded the motion. Commissioners Young-Otterstrom, Urquhart, Paredes, Lyon, Hoskins, Bell, Barry and Bachman voted “Aye”. The motion passed unanimously. The meeting adjourned at 7:20:37 PM 17 3A. PLANNING COMMISSION HEARING – NOVEMBER 18 2020 ii. NEWSPAPER NOTICE 18 19 3A. PLANNING COMMISSION HEARING – NOVEMBER 18, 2020 iii. STAFF REPORT 20 PLANNING DIVISION COMMUNITY & NEIGHORHOOD DEVELOPMENT Staff Report To: Salt Lake City Planning Commission From: Nick Norris, 801-535-6173, nick.norris@slcgov.com Date: November 18, 2020 Re: PLNPCM2020-00606 Special Exception Changes Text Amendment Zoning Text Amendment REQUEST: Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to the zoning ordinance regulations regarding special exceptions. The proposal would delete and eliminate the special exception process from the zoning ordinance. A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures. There are more than forty special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each special exception being deleted, permitted, or authorized through a different process in the zoning ordinance. Some special exceptions that will become permitted include changes to standards to add flexibility in administering the regulation and reduce impacts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may be amended as part of this petition. The changes would apply Citywide. RECOMMENDATION: Based on the findings listed in the staff report, the Planning Division recommends that the Planning Commission forward a favorable recommendation for the text amendment request to the City Council. ATTACHMENTS: A. Quick guide of changes to each special exception B. Proposed Text Amendment C. Analysis of Zoning Amendment Factors D. Public Outreach Summary E. Department Review Summary 21 Petition Description The special exception code changes project is a proposal to eliminate the special exception process from the Salt Lake City Zoning Ordinance. There are more than 40 authorized exceptions in the zoning ordinance. This proposal would result in one of the following actions for each authorized special exception: Prohibit exceptions that are routinely denied; Permit exceptions with additional standards for those exceptions that are routinely approved; or Move specific exceptions to other processes already authorized in the ordinance. The number of special exception applications have grown from 37 in 2011 to 149 in 2019. The increase is directing staff resources away from addressing citywide growth-related issues and instead focusing staff resources towards individual developments. Special exceptions required the equivalent of almost two full time employees to process the applications in 2019. This accounts for about 10% of the total workload. Special exceptions have grown in scope and level of controversy. Without any real cap on the scope of an exception, the requested exceptions are asking for larger modifications. This is increasing the amount of staff required to respond to inquiries, answer questions, negotiate with the applicant, and decide on each application. Proposed Changes The number of changes to remove special exceptions from the ordinance are extensive. The Planning Commission was briefed on those changes during a September 30, 2020 work session. A quick guide to the changes can be found in Attachment A. The proposed text changes can be found in Attachment B. Applicable Review Processes and Standards Review Processes: Zoning Text Amendment Zoning text amendments are reviewed against four considerations, pertaining to whether proposed code is consistent with adopted City planning documents, furthers the purposes of the zoning ordinance, are consistent with other overlay zoning codes, and the extent they implement best professional practices. Those considerations are addressed in Attachment C. The primary focus of this text amendment is addressing best professional practices in managing growth by implementing the following practices: removing processes that are preventing staff resources from being allocated to growth related issues, modernizing the zoning ordinance by removing outdated regulations and processes (such as special exceptions that are rarely, if ever, applied for), What is a special exception? A special exception is a minor modification to a dimensional standard or accessory use with minimal impact to adjacent properties. 22 removing regulations that restrict property rights and that do not reflect current trends in how property is used for accessory and ancillary land uses, and removing regulations that are not necessary to protect and further the health, safety, and welfare of the neighborhoods located in the city. City Code amendments are ultimately up to the discretion of the City Council and are not controlled by any one standard. Community Input Public Outreach is summarized in Attachment D and includes who was noticed, when the notice was sent, presentation and meetings held, and submitted comments. Below is a discussion of the key issues identified by the community, how the comments relate to the proposal, and how the comments were reflected in the proposed update. The following issues were identified through the public engagement process as of October 31, 2020: 1. Outdoor Dining The Department of Community and Neighborhoods have had several recent complaints about outdoor dining and the impact to adjacent and nearby neighbors. The primary complaints involve noise, proximity to property lines, and businesses not obtaining special exception approvals. The proposed changes would allow outdoor dining as a permitted use to a restaurant, coffee shop, or other food serving business. The proposal maintains some existing standards and adds some new standards: A ten-foot setback for outdoor dining when located next to a residential zoning district (new); Limits amplified and live music to decibel levels required by the Salt Lake County Health Department and places hours that music can be played outdoors when the business is adjacent to a residential zoning district. 2. Fence Heights and buffering Changes to fence height are being processed as a separate application and those comments related to this special exception have been included and analyzed in that project. 3. Discrepancy with Special Exception Approvals The Planning Division did hear from a resident of the East Bench Neighborhood regarding special exception approvals. The resident indicated that the process was used to create inequities in property rights, with some property owners benefiting from the process and then using the public process to deny other nearby property owners of the same benefits. The Planning Division has heard similar complaints from applicants and the process does create the potential for an applicant to gain approval if the neighbors are favorable towards a proposal and be denied or have a more rigorous approval process if the neighbors are not in favor. Special exceptions are an administrative process because the PC is the approval authority. The PC does have discretion in the process because the current standards are subjective, and applicants are not being denied a property right because the applicant typically has the option to comply with the zoning requirements without the need for a special exception. No changes were necessary from this comment. 4. Noncomplying Issues 23 Public comment was received identifying that many properties in the city likely have some level of noncompliance due to the age of the building and changing zoning regulations. The comment indicated that noncomplying issues should be resolved easily and retain property rights. There are changes to chapter 21A.38, which regulates nonconforming uses and noncomplying structures that accomplish this by simplifying the regulations and reducing the need to submit land use applications. 5. Front yard Parking The Sugar House Community Council indicated that they do not support allowing front yard parking. This is highlighted here because the Planning Commission indicated that it should be allowed under narrow circumstances. The Planning Division has prepared a draft proposal that follows the input of the Planning Commission and is discussed under the “Planning Commission Recommendations” section. 6. Unit Legalizations The comments received regarding unit legalizations focused on the need for the definition of a unit to be applied more uniformly and updated if needed. This is separate from this proposal. The comment including inconsistent application of the definition to include things such as water heaters. The zoning definition of a dwelling unit is: A building or portion thereof, which is designated for residential purposes of a family for occupancy on a monthly basis and which is a self-contained unit with kitchen and bathroom facilities. The term "dwelling" excludes living space within hotels, bed and breakfast establishments, apartment hotels, boarding houses and lodging houses. It should be noted that this definition is being changed slightly as part of the Shared Housing (formerly known as SROs) zoning amendment. The changes address a shared housing unit not being fully self-contained. No changes were made to this proposal in response to this comment. 7. Vintage Signs A comment was received about vintage signs and that they should be allowed in the CSHBD 2 (Sugar House Business District) zone. A vintage sign is a historic sign that adds some distinctive nature to a neighborhood. Vintage signs can be relocated within the same zoning district, be moved with a business if it relocates, and are allowed to be used as public art in some zoning districts. This comment is in reference to the use of vintage signs as public art. The ordinance currently restricts this to the Downtown zones, Gateway Mixed Use, and Sugar House Business District 1 zoning districts. The comment from the Sugar House Community Council is related to adding CSHBD2 to the allowed zones where vintage signs could be relocated as public art. The Planning Division used this suggestion to update the proposal to add this zoning district and other similar zoning districts: FB-UN2, FB-UN3, FB-SC, FB-SE, and TSA. It may be worth considering if vintage signs create an impact in any commercial or mixed-use zoning district and allow them in those districts as well. 8. Inline Additions A comment was received about the need to maintain inline additions as an option to provide flexibility when designing additions that fit in with the characteristics of the built environment. This is a true statement. This issue was also identified by the Planning Commission with a 24 recommendation to find a way to maintain inline additions in the side yard. Options are discussed in the next section of this report. Inline additions within side yards do create new impacts that the adjacent property owner may not have anticipated. The impacts often cited by the public when reviewing an inline addition within a side yard include privacy and shadowing. Privacy impacts include how windows are aligned with windows on neighboring properties and expanding the living space so that adjacent rear yards are less secluded. Issues associated with shadowing are identified when the proximity of the addition starts to shade a portion of a neighboring yard that was not previously in the shade. Trees and fences also create shading issues, fences are shorter than building walls and tree heights are not regulated by city ordinances. The remaining processes in the zoning ordinance do not contain similar flexibility or do not contain standards that help determine if an inline addition within a side yard is appropriate. The closest process is the design review process. That process does not contain specific standards about inline additions and would require some standards be added in order to be a useful tool for inline additions. 9. HVAC Locations and Setbacks HVAC equipment is generally required to be at least 4 feet from a property line and are not allowed to be in a required front yard setback. An average of 11 applications per year are made requesting to locate HVAC equipment within four feet of a property line or within a required front yard. In response to this comment, the proposal was modified to add flexibility, such as allowing the equipment in a front yard if it is located within 4 feet of the building, at least 10 feet from the front property line, and screened. There was a public comment that suggested that mechanical equipment may be appropriate if it was within 4 feet of a property line and adjacent to a driveway on a neighboring property. This was added as an allowed encroachment when next to a driveway, parking area, or an accessory building provided a 2-foot setback is maintained to allow future maintenance without the need to use adjacent property to access the equipment. PLANNING COMMISSION RECOMMENDATIONS: The following section outlines the recommended changes made by the Planning Commission during the work session held on September 30, 2020. 1. Inline Additions An inline addition is an addition to an existing building where the building does not meet the minimum setback requirements. Inline additions have become a popular application for additions to homes. Most inline additions are requested for older homes that were built at a time when building setbacks, mostly side yards, were related to the height of the structure. If a structure was relatively low in height, such as a small cottage or bungalow, it could have smaller side yards. Buildings built prior to zoning also have setbacks that are noncomplying. The Planning Commission supported allowing inline additions to buildings that already encroach into a required front or rear yard. The proposal presented by the Planning Division did not allow inline additions in noncomplying side yards that did not comply with current side yard setbacks. This means that any new addition would be required to meet the setbacks. The Commission requested that the Division consider options for inline additions in 25 noncomplying side yards and suggested limited those additions to single story in height or rethinking how building height is measured. The Division created a proposal that would allow an inline addition within a noncomplying side yard provided: The addition is limited to a single story; The addition maintains the exterior wall height (or lower) of the existing building; The addition can extend the existing noncomplying exterior wall no more than 20% in length. These provisions provide some flexibility in the regulations and reduce the potential impacts to neighbors. The proposal would allow the extension “by-right” and there would be no public process for meeting the provisions. An additional suggestion was to allow an addition to extend a noncomplying wall by up to 50% of the existing wall, but no more than 16 feet, which would be enough to accommodate an additional room within the building. The Commission can decide which option is best upon considering impacts and the need to be flexibility and allow for growth within existing buildings to better accommodate changing housing needs. The HLC would retain the ability to modify setbacks within historic districts, which cover significant portions of the city. The provisions for inline additions would not apply to properties within the H Historic Preservation Overlay District because the H Overlay already has standards and processes to address additions with noncomplying setbacks. 2. Front Yard Parking The Planning Commission recommended that front yard parking be allowed provided there are no other alternatives for off-street parking on the property. The Planning Division has added standards that: Only permits front yard parking when the property has no other off-street parking; Limits front yard parking to residential uses; The front or rear yard are not accessible due to the width of a side yard, lack of a side yard, or lack of a wide enough rear yard for corner properties; and Adds dimensional standards to ensure that the front yard parking does not impact the sidewalk or bike lanes. 3. Additional Height for Accessory Structures The primary concern raised by the Planning Commission involved how high an accessory building could be if the principal structure was more than two stories in height. Standards were added that: Limited the increase to no more than 25% of the permitted height and restricts the height to no more than 75% of the height of the principal structure; Requires an increased setback of one foot for every one foot in additional height. Several issues were identified by Planning staff regarding extra height and the likelihood for it to promote second story use in accessory buildings. The existing special exception for extra height in accessory buildings limited the extra height to storage purposes and did not allow windows to face a neighboring yard. The use of the secondary story requires a separate special 26 exception under the current code. However, with the proposed changes, second story use would be permitted. 4. Commercial Building Height The Planning Commission discussed that there could be some benefit for allowing extra height on sloping lots in commercial zoning districts. The concerns raised were mainly focused on buildings with wide frontages and the impact extra height would have. The ability to obtain extra height, up to 10%, was added as a permitted increase provided that at least 50% of the building volume complies with the height, the height allows for the top story to have level floors without internal stepping, and the ground floor has a minimum height of twelve feet. 5. Ground Mounted Utility Boxes The recommendation from the City is to prohibit ground mounted utility boxes in public rights of way when the utility box is only serving private development. The reason for this change is because the private development benefits from placing the boxes in the rights of way because doing so does not require space on private property for private infrastructure. However, this creates long term planning issues for the City because those boxes will never be able to be moved out of the right of way if the City desires or needs to make changes to the rights of way. Examples include planting trees, expanding underground infrastructure (such as water pipes, storm drainage, or sewer lines), widening sidewalks, adding grade separate bike lanes, managing curb space, and other public uses within the ROW. This section was modified to require utility provider approval for location and access to utility boxes, setbacks from property line of one foot, and multiple requirements for locating a box in the ROW (each requirement must be satisfied) only when the box is necessary for neighborhood wide service and when an existing building on the property is being reused and there is no other location on the subject property. HISTORIC LANDMARK COMMISSION RECOMMENDATIONS: The Historic Landmark Commission held a public hearing on the proposed changes on November 5, 2020. There was one public comment in support of the proposed changes as it retains the HLC ability to make modifications to lot and bulk requirements but simplifies the process to do so. The HLC passed a motion unanimously recommending that the City Council adopt the proposed changes. DISCUSSION: The proposed code updates have been reviewed against the Zoning Amendment consideration criteria in Attachment C. The proposed code changes implement best practices by ensuring the code is up to date, does not conflict with other applicable State or City Code, and complies with the City’s zoning purposes by ensuring that City ordinances can be legally administered and enforced. Due to these considerations, staff is recommending that the Commission forward a favorable recommendation on this request to the City Council. NEXT STEPS: 27 The Planning Commission can provide a positive or negative recommendation for the proposed text amendments. The recommendation will be sent to the City Council, who will hold a briefing and additional public hearing(s) on the proposed text amendments amendment. The City Council may make modifications to the proposal and approve or decline to approve the proposed zoning text amendments. If the text amendments are approved by the City Council, appeals would be subject to the new City ordinance standards. The Planning Commission may also recommend a modified version of the proposal. This would be advisable if the commission identifies potential issues with any aspect of the proposal. Instances where this may happen include: The commission wants to add a standard or modify a proposed regulation; The commission wants to delete a standard or requirement within the proposal; The commission wants additional information about any aspect of the proposal. There may be situations where the Planning Commission makes a request and the Planning Division is not able to provide information regarding that request. An example of this may be a request for a significant amount of research or data that the Division does not have the capability to provide. 28 This is a simple summary of the proposed changes. Please refer to the draft code in Attachment B for all proposed changes. Additional Accessory structure height: increased height (up to 75% of the principal structure) allowed with increase in setbacks Accessory structures on double frontage lots: standards added to match location of accessory buildings of the block. Additional height for fences: removed exception process, sets maximum heights. Additional building height in commercial districts: deleted special exception; standards added to allow 10% increase on sloping lots. Additional height in foothill districts: deleted special exception Additional height in R-1, R-2, SR districts: deleted special exception Alternative to off street parking: deleted Barbed wire fences: standards added, restricted to industrial and agricultural zones and for land uses that require added security, such as public utility facilities. Conditional home occupations: deleted. This was changed several years ago to permitted but was not deleted from the special exception chapter. Dividing exiting lots with existing detached dwellings: allowed through the subdivision process with standards added. Front yard parking: Standards added to allow front yard parking in very limited instances. Grade changes over 4 feet: will become permitted with a step between retaining walls necessary to retain the grade change. Ground mounted AC units, pool equipment, etc. within 4 feet of side or rear property line: standards updated to allow equipment in additional situations when there is no impact or the equipment is screened. Hobby shop, art studio, exercise room in accessory buildings: deleted, will become permitted. Inline additions: permitted to match the existing building setback in front and rear yards; allowed in a limited manner in side yards. Home day care: will become permitted or conditional based on Utah Code requirements for number of kids. Outdoor dining in required yard: will be permitted with specific standards for setbacks, noise, etc. when next to residential zone. Razor wire fencing: limited to industrial and agricultural zones and some uses that require a high level of security. Replacement of noncomplying building or portion of a noncomplying building: allowed by right within the noncomplying chapter of the zoning ordinance. Underground encroachments: permitted in the encroachment table with standards. 29 Window mounted AC units: deleted special exception, will be permitted. Vehicle and equipment storage in CG, M1, M2, EI: permitted with specific standards for water quality and to reduce mud, dirt, gravel being carried onto public streets. Ground mounted utility boxes: prohibited in the public right of way unless the box serves a broader area than just a private development and with specific standards; location requirements on private property added. Size limitations deleted. Unit legalizations: will be addressed as a determination of nonconforming use in chapter 21A.38. Standards related to continuing use maintained. Other standards that require update to parking standards deleted. Vintage signs: Changed to permitted with existing standards in the ordinance, expanded where a vintage sign could be used as public art. Additional height for lights at sports fields: changed to permitted with screening of light trespass, increased setback from residential uses. Recreation equipment height in OS zone: capped at 60 feet in height with no exceptions. Public utility buildings in OS zone: will be allowed to exceed building height for critical public utility infrastructure. Does not include office buildings. Fence and wall height over 6 feet for homeless resource centers: Planning Commission will be given the authority to approve taller fences for buffering purposes. Enlargement of structure with noncomplying use: allowed by right provided the addition complies with zoning requirements. Horizontal inline additions: permitted to match existing portions of buildings that do not meet setback when the addition is in the front or rear yards, with limited application in side yards. Alteration to an existing SFD when the use is not allowed: alterations will be permitted. Amateur HAM radio antennae over 75 feet in height: special exception deleted. Electrical equipment for cell towers: will need to be in a side or rear yard with specific setback and screening requirements. Electrical security fences: deleted and will become nonpermitted. Covered ADA ramps: deleted, will be addressed through a reasonable accommodation authorized under federal laws. Ground mounted utility boxes over a certain size in the right of way: will be deleted and required to be located on private property when serving individual developments. Front yard parking for SFD when side or rear yard not accessible: deleted and will be allowed in very limited instances. Parking exceeding the maximum: deleted. Will be addressed through proposed changes to parking ordinance. Alternative parking requirements: deleted. Will be addressed through proposed changes to parking ordinance. 30 Commercial signs in historic districts: delete special exception requirement; will be authorized through existing processes in the Historic Preservation Overlay. HLC bulk modifications: delete special exception requirement: will be authorized through existing processes in the Historic Preservation Overlay. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Special Exception Text Amendment Public hearing notice for the HLC meeting was sent through the Division email list on mailed on October 22, 2020 Public hearing notice published to newspaper October 24, 2020 Public notice posted on City and State websites on October 22, 2020 No formal requests to receive notice of the proposed text amendment were received prior to the noticing deadline of this public hearing. 72 From:John Blankevoort To:Norris, Nick Subject:(EXTERNAL) Special Exceptions Date:Thursday, August 13, 2020 6:46:34 PM Attachments:EBCC 6-17-2020 meeting.pdf Hello Nick I totally agree with your premise on the new special exception process changes, frankly the city is already overwhelmed with frivolous requests on a number of subjects. I also have some further recommendations and would to participate to help you to evaluate the wider problem. We have several District chairpersons ( District 5, 6 etc) that are stoking the fire with these notices of special exceptions. I would think this is driving more people to call into the zoning and planning office, only to stymie the process and become actual obstacles for your Dept. Please find attached meeting minutes June 17, 2020. Item 7, brought up the subject of a neighbor in Indian Hills subdivision and his special exception for building a home and height limits. The neighbor and architect already had engaged with zoning and planning and they had already gone through and contacted each of the abutting neighbors to work through the issue. Our chairperson (Aimee Burrows) decided to 'follow through' with the process as if to say she was the street captain on zoning and planning. I told her it was a frivolous use of our time. The neighbor is already following the protocols then we should not allow our District Chairs to muddy up your depts. time by making more work. I propose to you that zoning and planning does not need anymore 'help; from local District Council meetings and that a statement should be mentioned in your new process changes to not encourage creating anymore duplicate work for special exceptions. And although we all have the right to public information, it is not the charter of local meetings to drive special exception agenda. We need to be more efficient, don't you agree? Best John 73 From:Ann Robinson To:Norris, Nick; Annie V. Schwemmer Subject:RE: (EXTERNAL) Special Exception Changes Date:Tuesday, October 20, 2020 1:56:57 PM Well, these situations were handled previously by special exceptions because each circumstance is unique. By eliminating special exceptions, you are now trying to make rules that cover all possibilities—probably not possible. Let us think about this a bit and get back to you. Ann Robinson, AIA Principal // Renovation Design Group 824 SOUTH 400 WEST | SUITE B123 | SALT LAKE CITY | UTAH | 84101 O.801.533.5331 | M. 801.230.2080 RenovationDesignGroup.com | Facebook Fans | Houzz Portfolio From: Norris, Nick <Nick.Norris@slcgov.com> Sent: Tuesday, October 20, 2020 1:48 PM To: Annie V. Schwemmer Cc: Ann Robinson Subject: RE: (EXTERNAL) Special Exception Changes Thanks Annie, these are helpful comments. Do you have some ideas on how we can accommodate these issues within the proposal? NICK NORRIS Director Planning Division DEPARTMENT of COMMUNITY and NEIGHBORHOODS SALT LAKE CITY CORPORATION TEL 801-535-6173 CELL 801-641-1728 Email nick.norris@slcgov.com WWW.SLC.GOV/PLANNING From: Annie V. Schwemmer Sent: Tuesday, October 20, 2020 1:33 PM To: Norris, Nick <Nick.Norris@slcgov.com> Cc: Ann Robinson Subject: (EXTERNAL) Special Exception Changes Hi Nick- We’ve reviewed the proposed special exception changes and since we do so many renovations/additions in SLC we have the following comments: 74 Garages Built into Hillsides in Front or Corner Side Yards: It seems there will be very few of these that would not also need to project into a front yard setback. Central Air Condensers: There are many side yards that can accommodate a condenser without causing undue hardship on the neighbor (for instance, a 4’ side yard adjacent to a neighbor’s driveway) and there should be a way for these to be allowed. Corner side yards: We think in-line additions need to be allowed in side yard setbacks to avoid awkward interior spaces & rooflines. Noncomplying as to height: We think rear additions should be allowed to match the height of the existing roofline even if the existing structure is noncomplying. This change will create odd looking rooflines and will preclude 2nd stories on rear additions if the lower roofline makes the upper level ceiling lower than 7’ high. Thanks- Annie Annie V. Schwemmer, AIA Principal // Renovation Design Group 824 SOUTH 400 WEST | SUITE B123 | SALT LAKE CITY | UTAH | 84101 O. 801.533.5331 | M. 801.560.7171 RenovationDesignGroup.com | Facebook Fans | Houzz Portfolio 75 76 77 From:Kyle Deans To:Norris, Nick Subject:(EXTERNAL) Special Exceptions Date:Monday, November 9, 2020 3:09:19 PM Nick, If the exceptions have been addressed in each of their specific sections of zoning code I fully support deleting the Special Exceptions from the code. Kyle R Deans Salt Lake City Resident 78 Special Exception Text Amendment Planning Staff Note: This proposal was routed to the City Departments and Divisions for review on August 11, 2020. In addition, follow up meetings were held on September 30, 2020 and October 29, 2020 with Engineering, Real Estate Services,Building Services and Rocky Mountain Power to discuss ground mounted utility boxes and how to address them. Below are submitted comments from each Department or Division and a summary of associated meetings. Airports: no comments received. Building Services (zoning review): Indicated that they thought this would be time saver for staff and would be helpful. They provided specific changes to the following sections of the proposal: o Edit suggestions regarding Table 21A.36.020.B Obstructions in yards; o Support addressing grade changes and retaining walls as it removes vagueness in doing related zoning reviews. o Requested that the expansions of nonconforming uses be limited to a one-time request to avoid repeated requests over time. o Regarding noncomplying lots, add provision about complying with all applicable provisions so that it includes building and fire codes. o Remove some of the standards for unit legalizations that deal with past zoning violations. Past violations that are unrelated to the existence of a dwelling unit should not be a factor in determining if the unit can be recognized as a legal dwelling unit. o Concerns with letting any accessory use go into an accessory building. Is a welding shop appropriate in a shed, for example? Building Services (civil enforcement): no comments provided. Economic Development: inquired about eliminating the ability to seek additional building height in commercial districts. Planning staff provided the department with the number of applications received requesting additional height in commercial districts and information on other processes available to seek additional height. The Division also mentioned that there will be a future analysis of building heights in commercial districts to align with building code requirements, promote more housing, and encourage improved street engagement. Comments were provided by Roberta Reichgelt. Engineering: Engineering is concerned with prohibiting all utility boxes in the ROW. This puts the burden on Engineering to make decisions about the aesthetics of utility boxes when they are mostly focused on the engineering and impact to physical infrastructure, such as sidewalks, curb, and gutter. Finance: no comments received. This was routed to Finance due to the impact on revenue from special exception application fees. It is anticipated that Planning Division revenue will decrease by $40,000 to $45,000 per year. 79 Special Exception Text Amendment Fire Department: no comments provided. Housing and Neighborhood Development: no comments provided. Information Management Services (IMS): no comments provided. Deleting special exceptions will require deactivating the application in the Accela system. Mayor’s Office: The Mayor was briefed on the concept before the petition was initiated. The Mayor asked that the project include a comprehensive approach and that changes be considered to maintain flexibility while limiting impacts. Police Department: no comments provided. Public Services: o Parks and Public Lands: Parks and Public Lands provided comments relating to fence height around outdoor recreation facilities and light poles associated with sports fields. o Golf Division: provided comments regarding fence heights around golf course driving ranges. o the Salt Lake Regional Sports Complex provided input on the height and setbacks of athletic field lighting. Public Utilities: Public Utilities provided comments about exempting some necessary infrastructure and utility buildings from height requirements in the OS Zoning District, asking if the riparian and lowland overlay zoning districts still apply, clarifying that underground encroachments are on private property only, and ensuring that antennae height would allow the necessary infrastructure to monitor utility facilities. Comments provided by Jason Draper. Redevelopment Agency: The RDA indicated that they supported the changes because they will help to streamline the building permit review process and provide more predictability for property owners. Comments provided by Lauren Parisi. Sustainability: no comments provided. Transportation: Indicated that they had no suggested changes. Comment provided by Michael Barry. Urban Forestry: no comments provided. 80 3B. PLANNING COMMISSION WORK SESSION – SEPTEMBER 30, 2020 i. AGENDA AND MINUTES 81 SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA This meeting will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation September 30, 2020, at 1:00 p.m. (The order of the items may change at the Commission’s discretion) This Meeting will not have an anchor location at the City and County Building. Commission Members will connect remotely. We want to make sure everyone interested in the Planning Commission meetings can still access the meetings how they feel most comfortable. If you are interested in watching the Planning Commission meetings, they are available on the following platforms: YouTube: www.youtube.com/slclivemeetings SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2 If you are interested in participating or provide general comments, email; planning.comments@slcgov.com or connect with us on Webex at: http://tiny.cc/slc-pc-09302020 Instructions for using Webex will be provided on our website at SLC.GOV/Planning PLANNING COMMISSION MEETING WILL BEGIN AT 1:00 PM APPROVAL OF MINUTES FOR AUGUST 26, 2020 REPORT OF THE CHAIR AND VICE CHAIR REPORT OF THE DIRECTOR WORK SESSIONS: No public comment will be heard 1. 800 South & State Street Design Review at approximately 754 S. State St. – Aabir Malik, an applicant with Colmena Group, is requesting Design Review approval to develop a portion of the former Sears property into an 11-story, 120 foot tall, mixed-use development consisting of ground floor retail and 360 multi-family residential units in upper floors. The applicant is requesting Design Review approval to allow for additional building height, modification to the spacing of building entrances and to exceed the maximum street facing facade length. The project site is located in the D-2 (Downtown Support) zoning district and is located within Council District 4, represented by Ana Valdemoros (Staff Contact: Nannette Larsen at (801) 535-7645 or nannette.larsen@slcgov.com) Case number PLNPCM2020-00439 2. Deleting Special Exceptions from the Zoning Ordinance & Associated Ordinance Changes - Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to the zoning ordinance regulations regarding special exceptions. The proposal would delete and eliminate the special exception process from the zoning ordinance. A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures. There are more than forty special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each special exception being deleted, permitted, or authorized through a different process in the zoning ordinance. Some special exceptions that will become permitted include changes to standards to add flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission. 82 The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may be amended as part of this petition. The changes would apply Citywide. This briefing is intended to introduce the changes to the Commission in anticipation of a future public hearing. (Staff contact: Nick Norris at (801) 535-6173 or nick.norris@slcgov.com) Case number PLNPCM2020-6060 For Planning Commission agendas, staff reports, and minutes, visit the Planning Division’s website at slc.gov/planning/public-meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission. 83 SALT LAKE CITY PLANNING COMMISSION MEETING This meeting was held electronically pursuant to the Salt Lake City Emergency Proclamation Wednesday, September 30, 2020 A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to order at 1:00:43 PM. Audio recordings of the Planning Commission meetings are retained for a period of time. Present for the Planning Commission meeting were: Chairperson, Adrienne Bell; Vice Chairperson, Brenda Scheer; Commissioners, Maurine Bachman, Amy Barry, Carolynn Hoskins, Jon Lee, Matt Lyon, Sara Urquhart, and Crystal Young-Otterstrom. Commissioner Andres Paredes was excused. Planning Staff members present at the meeting were: Nick Norris, Planning Director; Wayne Mills, Planning Manager; Paul Nielson, Attorney; Nannette Larsen, Principal Planner; and Marlene Rankins, Administrative Secretary. APPROVAL OF THE AUGUST 26, 2020, MEETING MINUTES. 1:00:59 PM MOTION 1:01:09 PM Commissioner Scheer, moved to approve the August 26,2020 meeting minutes. Commissioner Urquhart seconded the motion. Commissioners Lyon, Scheer, Barry, Urquhart, Bachman and Bell voted “Aye”. Commissioner Lee abstained from voting as he was not present for the said meeting. The motion passed 6-1. REPORT OF THE CHAIR AND VICE CHAIR 1:02:04 PM Chairperson Bell stated she had nothing to report. Vice Chairperson Scheer stated she had nothing to report. REPORT OF THE DIRECTOR 1:02:18 PM Nick Norris, Planning Director, thanked the Commission for attending the meeting for work session items. 2:25:25 PM Deleting Special Exceptions from the Zoning Ordinance & Associated Ordinance Changes – Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to the zoning ordinance regulations regarding special exceptions. The proposal would delete and eliminate the special exception process from the zoning ordinance. A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and 84 structures. There are more than forty special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each special exception being deleted, permitted, or authorized through a different process in the zoning ordinance. Some special exceptions that will become permitted include changes to standards to add flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may be amended as part of this petition. The changes would apply Citywide. This briefing is intended to introduce the changes to the Commission in anticipation of a future public hearing. (Staff contact: Nick Norris at (801) 535-6173 or nick.norris@slcgov.com) Case number PLNPCM2020-6060 Nick Norris, Planning Director, briefed the commission with an overview of the proposal and seek input on 5 key issues with the proposal. The Commission and Staff discussed the following: Front yard parking: proposal is to eliminate. a. Have an issue with eliminating it. b. May impact more modest neighborhoods than wealthier neighborhoods. Some westside neighborhoods have narrow lots where side/rear cannot be accessed. It is not just the avenues or capitol hill. c. Reality is that even if someone has a driveway that leads to a garage, they park in the portion of the driveway in the front yard. If that is allowed, how is this any different in terms of seeing cars parking in the front yard area? d. Would like to see a proposal to allow it with some standards (dimensions, materials, location within front yard) e. If the block face has driveways, it should be allowed. f. Consider standards about parking slab being located closer to the side property line so it is similar to other driveways and not going directly into the middle of the lot. Commercial Building height a. Is this an issue that is created by how building height is measured in commercial districts? i. For example, if the height is averaged on one slope, how does that translate to the next building face? One side gets the benefit of the slope, but the other doesn’t so in effect it is a meaningless. b. Try to figure out how to allow this when it isn’t adding an additional story of habitable space. Like if the front yard is fine, but the property slopes towards the back, can the rear of the building be level with the street facing façade? c. Can it be based on the length of the lot? Really wide lots may have to have some sort of stepping. Ground Mounted utility boxes a. Support removing them from the ROW or private developments. b. Understands the need for flexibility with underground power requirements and the tradeoff with some utility boxes. Accessory building height a. Concerns with just allowing an accessory building up to 75% of the height of the principal structure. What if the principal building is 35 feet tall, should the accessory building be allowed to be almost as tall as the maximum principal building of 28 feet? i. Consider an “up to height” as part of the increased height. 85 b. Concerned with the use of second stories on accessory buildings. Inline additions a. Want to find a way to allow them inside yards. i. Can we allow a single-story addition to follow the existing setback line, but require a second story to comply with current step backs? b. OK with the front and rear yard proposals. Next Steps: Engagement period ends on Oct 11th. Will see if there are any additional issues and address them when this comes back to the PC Will work on addressing the key issues above and work solutions into the proposal. Targeting November PC meeting for a public hearing due to workloads but would like to transmit by end of December. The meeting adjourned at 3:05:03 PM 86 3B. PLANNING COMMISSION WORK SESSION – SEPTEMBER 30, 2020 ii. STAFF REPORT 87 SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 406 www.slcgov.com PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174 PLANNING DIVISION COMMUNITY & NEIGHORHOOD DEVELOPMENT Staff Report To: Salt Lake City Planning Commission From: Nick Norris, 801-535-6173, nick.norris@slcgov.com Date: September 25, 2020 (publication) Re: PLNPCM2020-00606 Special Exception Changes Text Amendment Zoning Text Amendment REQUEST: Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to the zoning ordinance regulations regarding special exceptions. The proposal would delete and eliminate the special exception process from the zoning ordinance. A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures. There are more than forty special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each special exception being deleted, permitted, or authorized through a different process in the zoning ordinance. Some special exceptions that will become permitted include changes to standards to add flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may be amended as part of this petition. The changes would apply Citywide. RECOMMENDATION: This is a briefing only. The purpose of the briefing is to introduce the Planning Commission to the proposal, the purpose of the project, identify key issues, and answer questions. ATTACHMENTS: A. Public Information Guide Petition Description The special exception code changes project is a proposal to eliminate the special exception process from the Salt Lake City Zoning Ordinance. There are more than 40 authorized exceptions in the zoning ordinance. This proposal would result in one of the following actions for each authorized special exception: Prohibit exceptions that are routinely denied; 88 Special Exception Text Amendment Permit exceptions with additional standards for those exceptions that are routinely approved; or Move specific exceptions to other processes already authorized in the ordinance. The number of special exception applications have grown from 37 in 2011 to 149 in 2019. The increase is directing staff resources away from addressing citywide growth-related issues and instead focusing staff resources towards individual developments. Special exceptions required the equivalent of almost two full time employees to process the applications in 2019. This accounts for about 10% of the total workload. Special exceptions have grown in scope and level of controversy. Without any real cap on the scope of an exception, the requested exceptions are asking for larger modifications. This is increasing the amount of staff required to respond to inquiries, answer questions, negotiate with the applicant, and decide each application. Proposed Changes and Most Frequently Applied for Special Exceptions The number of changes to remove special exceptions from the ordinance are extensive. The key changes are discussed below and based on the most frequently applied for exceptions. The chart shows the number of applications received in the last three years for each type of special exception. Unit Legalizations: Regulations will be relocated to the nonconforming chapter because this is recognized an existing use that has been in existence prior to the current zoning regulations. Replacing Non-Complying Building or building segment: regulations will be moved to noncomplying section because these are legally existing structures that retain certain noncomplying status rights. Home Day Care: This will be addressed through another text amendments that will make home day cares permitted or conditional uses based on the number of children cared for. Hobby Shops: These will become permitted uses in accessory buildings. Type of Special Exception # of applications Unit Legalizations 32 Replace Noncomplying Building 37 Home Day Care 37 Hobby Shop 42 Grade Changes 43 Mechanical Equipment in Required Yard 44 Additional Height Accessory Building 47 HLC Bulk Modification 51 Inline Additions 97 Fence Height 104 What is a special exception? A special exception is a minor modification to a dimensional standard or accessory use with minimal impact to adjacent properties. Top ten most applied for special exceptions for the past three years 89 Special Exception Text Amendment Grade Changes: specific regulations will be added to reduce the size of retaining walls necessary to retain the associated grade changes. The retaining walls will be required to be stepped based on the base zoning districts. Mechanical equipment in required yards: Will be permitted with setback and screening requirements added to reduce negative impacts. Additional Accessory Building Height. The permitted height will remain at seventeen feet for most residential districts (SR-1 and SR-1A have different height requirements). However, the height may be increased up to 75% of the height of principal building for an equal increase to side yard and rear yard setbacks. HLC Bulk Modifications: the authority of the Historic Landmark Commission would remain and authorized through the required process in the overlay zoning district for new construction and additions. Currently two different applications are required. This would reduce the need for a redundant application. Staff authority would be expanded to allow for similar allowances for minor modification applications. Inline Additions: additions to a side yard where the building does not comply with the minimum requirement would be prohibited. Additions in a front or rear yard would be allowed when a portion of the building already encroaches into a required front or rear yard. This is because front yard and rear yard setbacks are larger than side yard setbacks and do not create the same impacts to neighboring properties. Fence Height: this would be deleted. Specific maximum heights would be added. The HLC and PC will retain the ability to approve taller fences to mitigate a negative impact associated with a land use application. (this is being processed as a separate text amendment). Other changes can be found in Attachment A as a quick summary of what would happen to each special exception. The proposed text changes can be found in Attachment B. Review Processes: Zoning Text Amendment Zoning text amendments are reviewed against four considerations, pertaining to whether proposed code is consistent with adopted City planning documents, furthers the purposes of the zoning ordinance, are consistent with other overlay zoning codes, and the extent they implement best professional practices. These factors will be fully analyzed in the final staff report prepared for the public hearing. The primary focus of this text amendment is addressing best professional practices in managing growth by implementing the following practices: removing processes that are preventing staff resources from being allocated to growth related issues, modernizing the zoning ordinance by removing outdated regulations and processes (such as special exceptions that are rarely, if ever, applied for), 90 Special Exception Text Amendment removing regulations that restrict property rights, do not create unexpected impacts, and that do not reflect current trends in how property is used for accessory and ancillary land uses, and removing regulations that are not necessary to protect and further the health, safety, and welfare of the neighborhoods located in the city. City Code amendments are ultimately up to the discretion of the City Council and are not controlled by any one standard. Community Input The following is a list of public meetings that have been held, and other public input opportunities, related to the proposal that have been received as of Friday, September 25, 2002: Early notification/online Open House notices e-mailed out August 13, 2020. o Notices were e-mailed to all recognized community organizations (community councils) per City Code 2.60 with a link to the online open house webpage One community council (Sugar House) requested that staff attend and present the changes to their Land Use and Zoning Committee On September 21, 2020 staff attended the meeting over video conference, reviewed the proposal, and answered questions. The discussion included the following key subjects: o The application fee and the degree to which an application is subsidized. o The ability of the decision makers to require additional fence height to address impacts between incompatible land uses, including when apartment buildings are next to single family. o Whether or not the ability to modify bulk requirements, such as setbacks, building heights, etc. would apply to historic buildings that not located within an existing historic district. No other formal input has been received from any community councils. One email has been received from a resident of the East Bench Community. The text from that email is copied below. The actual email will be provided as part of the staff report for the public hearing on this item. Hello Nick I totally agree with your premise on the new special exception process changes, frankly the city is already overwhelmed with frivolous requests on a number of subjects. I also have some further recommendations and would to participate to help you to evaluate the wider problem. 91 Special Exception Text Amendment We have several District chairpersons ( District 5, 6 etc) that are stoking the fire with these notices of special exceptions. I would think this is driving more people to call into the zoning and planning office, only to stymie the process and become actual obstacles for your Dept. Please find attached meeting minutes June 17, 2020. Item 7, brought up the subject of a neighbor in Indian Hills subdivision and his special exception for building a home and height limits. The neighbor and architect already had engaged with zoning and planning and they had already gone through and contacted each of the abutting neighbors to work through the issue. Our chairperson (Aimee Burrows) decided to 'follow through' with the process as if to say she was the street captain on zoning and planning. I told her it was a frivolous use of our time. The neighbor is already following the protocols then we should not allow our District Chairs to muddy up your depts. time by making more work. I propose to you that zoning and planning does not need anymore 'help; from local District Council meetings and that a statement should be mentioned in your new process changes to not encourage creating anymore duplicate work for special exceptions. And although we all have the right to public information, it is not the charter of local meetings to drive special exception agenda. We need to be more efficient, don't you agree? o The American Institute of Architects Utah Chapter was notified of the proposed amendments on September 17, 2020. The Planning Division asked for their help in notifying the local architecture community. No response has been provided. o Information on the online open house posted to the Planning Division website was posted on August 13, 2020. The information was emailed out to the Planning Division list-serve every other week from August 14, 2020 through the October 11, 2020 early engagement period. Website analytics as of September 22, 2020 indicate 135 people have accessed the public information on the Planning Division website concerning this item. Changes That are Most Likely to be Controversial: Most of the changes associated with this proposal are minor in nature. However, some of the changes require more study and input before they can be adequately addressed and may be controversial. It is possible that additional challenges are identified before the public hearing. The known issues are discussed below: 1. Inline Additions Proposed Change: Remove the special exception process from the ordinance and require inline additions to comply with existing side yard setbacks but allow inline additions in front and rear yards when a portion of the building already encroaches into the front or rear yard. An inline addition is an addition to an existing building where the building does not meet the minimum setback requirements. Inline additions have become a popular application for additions to homes. Most inline additions are requested for older homes that were built at a 92 Special Exception Text Amendment time when building setbacks, mostly side yards, were related to the height of the structure. If a structure was relatively low in height, such as a small cottage or bungalow, it could have smaller side yards. Buildings built prior to zoning also have setbacks that are noncomplying. This proposal would require additions to comply with existing side yard setbacks. This is being proposed to reduce the impacts that additions to noncomplying buildings have on adjacent properties. While a property owner clearly knows how close the existing building is to their property, an addition that increases that impact may not be expected. The proposal would allow inline additions in the rear and front yards when a portion of the building already encroaches into a required yard but would not be allowed to encroach further into a required yard. This is because in most cases the front and rear yards are larger, and the impacts are already reduced. 2. Extra Height in Commercial Districts This special exception is proposed to be deleted. However, recent development proposals have indicated that the rules for measuring height may be problematic on sloping lots. Prior to a final recommendation, the Planning Division will consider practical ways to address this so that property owners do not have to go through a process to address issues with sloping lots. 3. Ground Mounted Utility Boxes in Rights of Way. City staff from Planning, Transportation, and Engineering are proposing eliminating above grade ground mounted utility boxes from being in the rights of way when the utility boxes are only serving a private development. The purpose for this is that the equipment and infrastructure necessary for development should be provided on the private property associated with that development. When utility boxes are in the rights of way, it impacts the future use of the rights of way and limits the city’s ability to make changes, such as planting more trees, building protected bike lanes, widening sidewalks, and providing utility upgrades. 4. Bulk Modifications within the H Historic Preservation Overlay District The ability of the Historic Landmark Commission to make modifications to setbacks, building heights, and other dimensional requirements helps new development fit into the historic development patterns of local historic districts. This authority is proposed to be authorized trough the existing processes required for changes to historic properties instead of requiring a second application and process. Staff is also considering expanding this authority to the planning staff for minor alterations that are approved at a staff level. This would allow staff to make some modifications in situations where someone is restoring a historic structure to its original condition when the current ordinance prohibits it or when additions to historic buildings require some modification to reduce the impact to the historic structure. DEPARTMENT REVIEW COMMENTS RECEIVED AS OF 9/24/2020: Planning Staff Note: This proposal was routed to the City Departments and Divisions for review on August 11, 2020. In addition, a follow up meeting is scheduled for September 30, 2020 with Engineering and Building Services to discuss ground mounted utility boxes and how to address them. Below are submitted comments from each Department or Division and a summary of associated meetings. Airports: no comments received. 93 Special Exception Text Amendment Building Services (zoning review): Indicated that they thought this would be time saver for staff and would be helpful. They provided specific changes to the following sections of the proposal: Building Services (civil enforcement): no comments received Economic Development: inquired about eliminating the ability to seek additional building height in commercial districts. Planning staff provided the department with the number of applications received requesting additional height in commercial districts and information on other processes available to seek additional height. The Division also mentioned that there will be a future analysis of building heights in commercial districts to align with building code requirements, promote more housing, and encourage improved street engagement. Comments were provided by Roberta Reichgelt. Engineering: no comments received; however, a specific meeting is scheduled for September 30, 2020 to discuss. Finance: no comments received. This was routed to Finance due to the impact on revenue from special exception application fees. It is anticipated that Planning Division revenue will decrease by $40,000 to $45,000 per year. Fire Department: no comments provided. Housing and Neighborhood Development: no comments provided. Information Management Services (IMS): no comments provided. Deleting special exceptions will require deactivating the application in the Accela system. Mayor’s Office: The Mayor was briefed on the concept before the petition was initiated. The Mayor asked that the project include a comprehensive approach and that changes be considered to maintain flexibility while limiting impacts. Parks and Public Lands: no comments provided Police Department: no comments provided. Public Services: no comments provided Public Utilities: no comments provided Redevelopment Agency: The RDA indicated that they supported the changes because they will help to streamline the building permit review process and provide more predictability for property owners. Comments provided by Lauren Parisi. Sustainability: no comments provided. Transportation: Indicated that they had no suggested changes. Comment provided by Michael Barry. Urban Forestry: no comments provided 94 Special Exception Text Amendment NEXT STEPS: The public comment period for this item runs through October 11, 2020. After the public comment period ends, the Planning Division will review the comment received (both internal and external) and make modifications to the proposal as needed. Due to Planning Commission workloads, this item is not likely to be scheduled for a public hearing until November 18, 2020. Please note that this is the third Wednesday of November. The meeting date has been changes to accommodate Veterans Day on November 11, 2020. It is possible that this item may be scheduled for a public hearing on October 28, 2020 depending on how many private development applications are ready to be heard on that date. That date already has two other city text amendments that are time sensitive. The goal is to have a recommendation and transmit this change to the City Council by the end of the calendar year. 95 Special Exception Text Amendment 96 4. HISTORIC LANDMARK COMMISSION PUBLIC HEARING – NOVEMBER 5, 2020 A. AGENDA AND MINUTES 97 SALT LAKE CITY PLANNING DIVISION HISTORIC LANDMARK COMMISSION MEETING AGENDA This meeting will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation November 5, 2020, at 5:30 p.m. (The order of the items may change at the Commission’s discretion) This meeting will be an electronic meeting pursuant to the Chair’s determination that conducting the Historic Landmark Commission Meeting at a physical location presents a substantial risk to the health and safety of those who may be present at the anchor location. We want to make sure everyone interested in the Historic Landmark Commission meetings can still access the meetings how they feel most comfortable. If you are interested in watching the Historic Landmark Commission meetings, they are available on the following platforms: YouTube: www.youtube.com/slclivemeetings SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2 If you are interested in participating during the Public Hearing portion of the meeting or provide general comments, email; historiclandmarks.comments@slcgov.com or connect with us on Webex at: http://tiny.cc/slc-hlc-11052020 Instructions for using Webex will be provided on our website at SLC.GOV/Planning HISTORIC LANDMARK COMMISSION MEETING WILL BEGIN AT 5:30 PM Approval of Minutes for October 1, 2020 Report of the Chair and Vice Chair Director’s Report Public Comments - The Commission will hear public comments not pertaining to items listed on the agenda. Public Hearings 1. Fisher Mansion Carriage House Chemical Coating at approximately 1206 West 200 South - CRSA, on behalf of Salt Lake City Parks and Public Lands, is requesting a Major Alteration to the Carriage House associated with the Fisher Mansion. The applicant is requesting approval to administer an anti-graffiti coating to the exterior of the Fisher Mansion Carriage House located at 1206 W. 200 S. The anti-graffiti coating is associated with the approved adaptive reuse of the carriage house as a River Recreation and Community Engagement Hub. The subject property is located at 1206 W. 200 S., which is designated as a Salt Lake City Landmark Site. Both structures, the mansion and the carriage house, are listed as contributing to the landmark site. The subject property is located within the I (Institutional) zoning district and within Council District 2, represented by Andrew Johnston. (Staff Contact: Kelsey Lindquist at (385) 226-7227 or kelsey.lindquist@slcgov.com) Case number PLNHLC2020-00509 98 2. Harvard Avenue Landscape Alterations at approximately 1362 E Harvard Avenue - Dean Anesi, Landscape Designer, on behalf of the property owners, Joan Hammond, and Joe Dick, is requesting approval from the City for site grading, landscaping, and a 20” high, stone veneer wall installed in the front yard without a Certificate of Appropriateness at the above-listed address. This type of project must be reviewed as a minor alteration to a property in a historic district. The house is a contributing building within the SLC Harvard Heights Historic District and is zoned R-1-7,000 Single-Family Residential District. The subject property is within Council District 6, represented by Dan Dugan. (Staff contact: Nelson Knight at (801) 535-7758 or nelson.knight@slcgov.com) Case number PLNHLC2020-00692 3. Special Exception Text Changes - Deleting Special Exceptions from the Zoning Ordinance and Associated Ordinance Changes. Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to the zoning ordinance regulations regarding special exceptions. The proposal would delete and eliminate the special exception process from the zoning ordinance. A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures. There are more than forty special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each special exception being deleted, permitted, or authorized through a different process in the zoning ordinance. Some special exceptions that will become permitted include changes to standards to add flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission. The ability to make exceptions to bulk and lot dimensional requirements in local historic districts will be retained through the processes outlined in 21A.34.020 of the City Code. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may be amended as part of this petition. The changes would apply Citywide. (Staff contact: Nick Norris at (801) 535-6173 or nick.norris@slcgov.com) Case number PLNPCM2020-0606 Other Business Chairperson and Vice-Chairperson elections The next regular meeting of the Commission is scheduled for Thursday, December 3, 2020, unless a special meeting is scheduled prior to that date. For Historic Landmark Commission agendas, staff reports, and minutes, visit the Planning Division’s website at slc.gov/planning/public-meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Historic Landmark Commission. Appeal of Historic Landmark Commission Decision Anyone who is an “adversely affected party” as defined by Utah Code Section 10-9a-103, may appeal a decision of the Historic Landmark Commission by filing a written appeal with the appeals hearing officer within ten (10) calendar days following the date on which a record of decision is issued. The applicant may object to the decision of the Historic Landmark Commission by filing a written appeal with the appeals hearing officer within thirty (30) calendar days following the date on which a record of decision is issued 99 SALT LAKE CITY HISTORIC LANDMARK COMMISSION MEETING This meeting was held electronically pursuant to the Salt Lake City Emergency Proclamation Thursday, November 5, 2020 A roll is being kept of all who attended the Historic Landmark Commission Meeting. The meeting was called to order at 5:30:27 PM. Audio recordings of the Historic Landmark Commission meetings are retained for a period of time. Present for the Historic Landmark Commission meeting were: Chairperson Kenton Peters; Vice Chairperson Robert Hyde; Commissioners Babs De Lay, John Ewanowski, Aiden Lillie, Victoria Petro-Eschler, David Richardson, and Michael Vela. Planning Staff members present at the meeting were: Nick Norris, Planning Director; Michaela Oktay, Planning Deputy Director; Paul Nielson, Attorney; Kelsey Lindquist, Senior Planner; and Nelson Knight, Senior Planner. Chairperson Peters read the declaration to hold an electronic meeting without an anchor site. APPROVAL OF THE OCTOBER 1, 2020, MEETING MINUTES. 5:35:51 PM MOTION 5:35:57 PM Commissioner Richardson moved to approve the October 1, 2020 meeting minutes. Commissioner Petro-Eschler seconded the motion. The three new commissioners abstained from voting. Commissioners Hyde, Richardson, Petro-Eschler, and Vela voted “Aye”. The motion passed unanimously. REPORT OF THE CHAIR AND VICE CHAIR 5:37:18 PM Chairperson Peters welcomed our three new commissioners! Vice Chairperson Hyde stated he had nothing to report. REPORT OF THE DIRECTOR 5:38:17 PM Michaela Oktay let the commission know that we can make badges for HLC members to wear so if they visit a site they can show official credentials. Marlene will send out an email and each commissioner can contact HR to have one made. Public Comment- Chair Peters asked if there were any members of the public who wanted to provide public comments. There were no responses from the public. Director Norris showed a presentation how to “raise the hand” on webex, he also went through all the ways the public can alert the commission and staff how to participate. 7:46:31 PM Special Exception Text Changes - Deleting Special Exceptions from the Zoning Ordinance and Associated Ordinance Changes. Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to the zoning ordinance regulations regarding special exceptions. The proposal would delete and eliminate the special exception process from the zoning ordinance. A 100 special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures. There are more than forty special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each special exception being deleted, permitted, or authorized through a different process in the zoning ordinance. Some special exceptions that will become permitted include changes to standards to add flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission. The ability to make exceptions to bulk and lot dimensional requirements in local historic districts will be retained through the processes outlined in 21A.34.020 of the City Code. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may be amended as part of this petition. The changes would apply Citywide. (Staff contact: Nick Norris at (801) 535-6173 or nick.norris@slcgov.com) Case number PLNPCM2020-0606 Nick Norris, Planning Director, reviewed the petition as outlined in the Staff Report (located in the case file). The Commission and Staff discussed the following: Retention of HLC authority when it pertains to special exceptions The importance of addressing the multiple special exceptions authorized and fixing the code Overall a valuable and well thought out amendment. PUBLIC HEARING 8:11:00 PM Chairperson Peters opened the Public Hearing; Cindy Cromer – Stated that the importance of the special exceptions authorized by the HLC. She mentioned projects of different use and magnitude that were only possible since the institution of HLC authorization of special exceptions. A well done project. Seeing no one else wished to speak; Chairperson Peters closed the Public Hearing. The Commission made the following comments: All for simplifying the process. All HLC authorities are maintained, simplified and a step in the right direction. Supportive of all the changes, a great idea. MOTION 8:14:33 PM Commissioner Hyde stated, based on the information in the staff report, the information presented, and the input received during the public hearing, I move that the Historic Landmark Commission recommend that the City Council approve the proposed text amendment, PLNPCM2020-00606 Special Exception Text Amendment. Commissioner Richardson seconded the motion. Commissioners Lillie, DeLay, Richardson, Ewanowski, Vela, Petro-Eschler, and Hyde voted “Aye”. The motion passed unanimously. 101 4. HISTORIC LANDMARK COMMISSION PUBLIC HEARING – NOVEMBER 5, 2020 B. STAFF REPORT 102 PLANNING DIVISION COMMUNITY & NEIGHORHOOD DEVELOPMENT Staff Report To: Salt Lake City Historic Landmark Commission From: Nick Norris, 801-535-6173, nick.norris@slcgov.com Date: October 29, 2020 (publication) Re: PLNPCM2020-00606 Special Exception Changes Text Amendment Zoning Text Amendment REQUEST: Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to the zoning ordinance regulations regarding special exceptions. The proposal would delete and eliminate the special exception process from the zoning ordinance. A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and structures. There are more than forty special exceptions authorized in the zoning ordinance. The proposal addresses each special exception and results in each special exception being deleted, permitted, or authorized through a different process in the zoning ordinance. Some special exceptions that will become permitted include changes to standards to add flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may be amended as part of this petition. The changes would apply Citywide. RECOMMENDATION: Briefing and public hearing only. This proposal involves multiple chapters of the code and changes regulations that apply city wide. The purpose of the briefing is to inform the Historic Landmark Commission (HLC) on the proposal and the process to date, specifically in regards to how the changes impact the authority of the HLC and the Planning Division when reviewing certificates of appropriateness proposals within the H Historic Preservation Overlay District. Although not required, the HLC may make a recommendation on the proposal. The recommendation would be provided to the Planning Commission and forwarded to the City Council for consideration. ATTACHMENTS: A. Quick guide of changes to each special exception B. Proposed Text Amendment 103 C. Analysis of Zoning Amendment Factors D. Public Outreach Summary E. Department Review Summary Petition Description The special exception code changes project is a proposal to eliminate the special exception process from the Salt Lake City Zoning Ordinance. There are more than 40 authorized exceptions in the zoning ordinance. This proposal would result in one of the following actions for each authorized special exception: Prohibit exceptions that are routinely denied; Permit exceptions with additional standards for those exceptions that are routinely approved; or Move specific exceptions to other processes already authorized in the ordinance. For the purposes of the HLC, the major change proposed result in moving special exceptions under the certificate of appropriateness process. The number of special exception applications have grown from 37 in 2011 to 149 in 2019. The increase is directing staff resources away from addressing citywide growth-related issues and instead focusing staff resources towards individual developments. Special exceptions required the equivalent of almost two full time employees to process the applications in 2019. This accounts for about 10% of the total workload. Special exceptions have grown in scope and level of controversy, particularly outside of the H Overlay. Without any real cap on the scope of an exception, the requested exceptions are asking for larger modifications. This is increasing the amount of staff required to respond to inquiries, answer questions, negotiate with the applicant, and decide on each application. Proposed Changes The number of changes to remove special exceptions from the ordinance are extensive. The Planning Commission was briefed on those changes during a September 30, 2020 work session. A quick guide to the changes can be found in Attachment A. The proposed text changes can be found in Attachment B. The most impactful change that impacts the HLC involves the authority of the HLC to address bulk modifications. The HLC currently has the authority to approve bulk modifications as a special exception. This includes building height, setbacks, lot coverages, and any other regulation that deals with the placement of a building or structure on property located within the H Historic Preservation Overlay Zoning District. This authority includes the ability of staff to address bulk modifications to accessory buildings and structures and other proposals listed as minor alterations. This has proven to be a beneficial tool for the HLC because it has What is a special exception? A special exception is a minor modification to a dimensional standard or accessory use with minimal impact to adjacent properties. 104 provided flexibility in acknowledging that most historic buildings and development patterns within local historic districts were established prior to zoning. It has allowed the HLC to focus on design review standards with the overarching goal of preserving the integrity of a building, site and the established historic context. It has provided a mechanism to develop some lots within the city that were previously unbuildable and to design new construction on those lots with buildings that fit into the historic context. This proposal maintains that authority but eliminates the need to require a separate special exception application and process. The process to approve modification of lot and bulk standards would be now be retained through the existing Certificate of Appropriateness processes outlined in 21A.34.020. The benefits of this change include: property owners would only need one type of application instead of the two currently required; decisions would be based on the applicable standards in 21A.34.020 (alteration, new construction) and the general standards for special exception would not be needed; Review time for staff is reduced due to the reduced analysis necessary with elimination of the special exception standards; and Staff reports become shorter without the need for additional process review, motions, etc. The proposed changes include changing the authority section so that the surrounding context is more applicable than the current ordinance requires. The current ordinance says that the HLC can only approve a special exception if it is found that the underlying zoning district is incompatible with the historic district or landmark site. That wording is being changed to focus on the proposal complying with the applicable certificate of appropriateness standards and being compatible with the surrounding historic structures. Planning staff would be specifically granted the authority to approve modifications for those things listed in the ordinance as minor alterations. Those items listed include: 1. Minor alteration of or addition to a landmark site or contributing site, building, and/or structure; 2. Substantial alteration of or addition to a noncontributing site; 3. Partial demolition of either a landmark site or a contributing principal building or structure; 4. Demolition of an accessory building or structure; 5. Demolition of a noncontributing building or structure; and 6. Installation of solar energy collection systems pursuant to section 21A.40.190 of this title. This would most likely be used for proposals that fall into items one and two. The HLC would retain the authority to approve modifications for new construction and major alterations. The Planning Division would retain the ability to refer a matter to the HLC for decision if there is a question about the level of compliance with standards. 105 It is conceivable that any of the proposed changes within this proposal could impact properties within historic districts. However, the H Overlay District takes precedence over any other base zoning district requirement or general provision within the ordinance. Properties within the H Historic Overlay District may also be impacted by other proposed changes. Those key changes are discussed within the “Community Input” and “Key Code Changes” sections of this report. The provisions and processes within the H Overlay District would not be impacted by the changes and all exterior modifications of a property subject to the H Overlay would maintain some review process. Applicable Review Processes and Standards Review Processes: Zoning Text Amendment Zoning text amendments are reviewed against four considerations, pertaining to whether proposed code is consistent with adopted City planning documents, furthers the purposes of the zoning ordinance, are consistent with other overlay zoning codes, and the extent they implement best professional practices. This staff report focuses on the factors that are directly related to the HLC and the H Historic Preservation Overlay District and can be found in Attachment C. The primary focus of this text amendment is addressing best professional practices in managing growth by implementing the following practices: removing processes that are preventing staff resources from being allocated to growth related issues, modernizing the zoning ordinance by removing outdated regulations and processes (such as special exceptions that rarely, if ever, applied for), removing regulations that restrict property rights and that do not reflect current trends in how property is used for accessory and ancillary land uses, and removing regulations that are not necessary to protect and further the health, safety, and welfare of the neighborhoods located in the city. City Code amendments are ultimately up to the discretion of the City Council and are not controlled by any one standard. Community Input Public Outreach is summarized in Attachment D and includes who was noticed, when the notice was sent, presentation and meetings held, and submitted comments. Below is a discussion of the key issues identified by the community, how the comments relate to the proposal, and how the comments were reflected in the proposed update. The following issues have been identified through the public engagement process (as of October 29, 2020): 1. Outdoor Dining The Department of Community and Neighborhoods have had several recent complaints about outdoor dining and the impact to adjacent and nearby neighbors. The primary complaints involve noise, proximity to property lines, and businesses not obtaining special exception approvals. The proposed changes would allow outdoor dining as a permitted use to a restaurant, 106 coffee shop, or other food serving business. The proposal maintains some existing standards and adds some new standards: A ten-foot setback for outdoor dining when located next to a residential zoning district (new); Limits amplified and live music to decibel levels required by the Salt Lake County Health Department 2. Fence Heights and buffering Changes to fence height are being processed as a separate application and those comments related to this special exception have been included and analyzed in that project. 3. Discrepancy with Special Exception Approvals The Planning Division did hear from a resident of the East Bench Neighborhood regarding special exception approvals. The resident indicated that the process was used to create inequities in property rights, with some property owners benefiting from the process and then using the public process to deny other nearby property owners of the same benefits. The Planning Division has heard similar complaints from applicants and the process does create the potential for an applicant to gain approval if the neighbors are favorable towards a proposal and be denied or have a more rigorous approval process if the neighbors are not in favor. There is some risk that this creates unequal treatment and application of the special exception process and standards. 4. Noncomplying Issues Public comment was received identifying that many properties in the city likely have some level of noncompliance due to the age of the building and changing zoning regulations. The comment indicated that noncomplying issues should be resolved easily and retain property rights. 5. Front yard Parking The Sugar House Community Council indicated that they do not support allowing front yard parking. This is highlighted here because the Planning Commission indicated that it should be allowed under narrow circumstances and the Planning Division has prepared a draft proposal that follows the input of the Planning Commission. 6. Unit Legalizations The comments received regarding unit legalizations focused on the need for the definition of a unit to be applied more uniformly and updated if needed. This is separate from this proposal. The comment including inconsistent application of the definition to include things such as water heaters. However, that is not within the definition within the zoning ordinance and cannot be used to determine if a unit is self-contained. The zoning definition of a dwelling unit is: A building or portion thereof, which is designated for residential purposes of a family for occupancy on a monthly basis and which is a self-contained unit with kitchen and bathroom facilities. The term "dwelling" excludes living space within hotels, bed and breakfast establishments, apartment hotels, boarding houses and lodging houses. It should be noted that this definition is being changed slightly as part of the Shared Housing (formerly known as SROs) zoning amendment. The changes address a shared housing unit not being fully self-contained. 107 7. Vintage Signs A comment was received about vintage signs and that they should be allowed in the CSHBD 2 (Sugar House Business District) zone. A vintage sign is a historic sign that adds some distinctive nature to a neighborhood. Vintage signs can be relocated within the same zoning district, to be moved with a business if it relocates, and are allowed to be used as public art in some zoning districts. This comment is in reference to the use of vintage signs as public art. The ordinance currently restricts this to the Downtown zones, Gateway Mixed Use, and Sugar House Business District 1 zoning districts. The comment from the Sugar House Community Council is related to adding CSHBD2 to the allowed zones where vintage signs could be relocated as public art. The Planning Division updated the proposal to add this zoning district and other similar zoning districts: FB-UN2, FB-UN3, FB-SC, FB-SE, TSA. It may be worth considering if vintage signs create an impact in any commercial or mixed-use zoning district and allow them in those districts as well. KEY CODE CHANGES: Most of the changes associated with this proposal are minor in nature. However, some of the changes may have broader implications and deserve to be discussed in more detail. The following specific issues were discussed by the Planning Commission during a work session and are included as information for the Historic Landmark Commission. 1. Inline Additions An inline addition is an addition to an existing building where the building does not meet the minimum setback requirements. Inline additions have become a popular application for additions to homes. Most inline additions are requested for older homes that were built at a time when building setbacks, mostly side yards, were related to the height of the structure. If a structure was relatively low in height, such as a small cottage or bungalow, it could have smaller side yards. Buildings built prior to zoning also have setbacks that are noncomplying. The HLC would retain the ability to approve appropriately designed inline additions. However, outside of the H Overlay additions would be required to comply with existing side yard setbacks. This is being proposed to reduce the impacts that additions to noncomplying buildings have on adjacent properties. While a property owner clearly knows how close the existing building is to their property, an addition that increases that impact may not be expected. The proposal would allow inline additions in the rear and front yards when a portion of the building already encroaches into a required yard but would not be allowed to encroach further into a required yard. This is because in most cases the front and rear yards are larger than side yards and the impacts are already reduced. The Planning Commission supported allowing inline additions to buildings that already encroach into a required front or rear yard. The proposal presented by the Planning Division did not allow inline additions in noncomplying side yards that did not comply with current side yard setbacks. This means that any new addition would be required to meet the setbacks. The Commission requested that the Division consider options for inline additions in noncomplying side yards and suggested limited those additions to single story in height or rethinking how building height is measured. 108 After reviewing these options, the Planning Division is of the opinion that trying to accommodate in line additions as suggested may trigger unintended consequences. The issues identified by Planning Staff include: Limiting an inline addition to a single story: this required defining what a single story is, how it is measured, and how it interacts with the rest of the structure. For example, an addition could add a single story that had a larger floor to ceiling height than the existing structure, but still be considered a single story. The addition could potentially be a 28-foot-tall space and have the same impacts that a two-story structure may have. Establishing a new method to measure height for single story additions may create unintended consequences to other structures and would require greater analysis. There are tens of thousands single family structures in the city that were build prior to the current side yard setbacks. Understanding the impact that such a change would have to those properties and the adjacent properties is a challenging task that would require significant staff research that is not currently available. The HLC would retain the ability to modify setbacks, building height and other mass related regulations within historic districts. Maintaining this authority creates a benefit for properties within the H Overlay and is a relatively small, but effective, carrot for creating local historic districts. 2. Front Yard Parking The Planning Commission recommended that front yard parking be allowed provided there are no other alternatives for off-street parking on the property. The Planning Division has added standards that: Only permits front yard parking when the property has no other off-street parking; Limits front yard parking to residential uses; The front or rear yard are not accessible due to the width of a side yard, lack of a side yard, or lack of a wide enough rear yard for corner properties; and Adds dimensional standards to ensure that the front yard parking does not impact the sidewalk or bike lanes. Front Yard parking is currently an authorized special exception, including in the H Overlay. The applicable approval processes in the overlay would apply to any request for front yard parking. Front yard parking would be considered a minor alteration in most circumstances because it would be proposed on properties that were developed prior to parking requirements being added to the Zoning Ordinance and new construction must comply with current parking requirements, including location of the parking. 3. Additional Height for Accessory Structures The primary concern raised by the Planning Commission involved how high an accessory building could be if the principal structure was more than two stories in height. Standards were added that: Limited the increase to no more than 25% of the permitted height and restricts the height to no more than 75% of the height of the principal structure; Requires an increased setback of one foot for every one foot in additional height. 109 Several issues were identified by Planning staff regarding extra height and the likelihood for it to promote second story use in accessory buildings. The existing special exception for extra height in accessory buildings limited the extra height to storage purposes and did not allow windows to face a neighboring yard. The use of the secondary story requires a separate special exception under the current code. However, with the proposed changes, second story use would be permitted. The HLC already has the authority within the H Overlay to approve additional height for accessory structures. This proposal does put some parameters around that additional height that are not currently within the ordinance. However, the HLC would have the authority to modify the height further on a case by case basis. 4. Commercial Building Height The Planning Commission discussed that there could be some benefit for allowing extra height on sloping lots in commercial zoning districts. The concerns raised were mainly focused on buildings with wide frontages and the impact extra height would have. The ability to obtain extra height, up to 10%, was added as a permitted increase provided that at least 50% of the building volume complies with the height, the height allows for the top story to have level floors without internal stepping, and the ground floor has a minimum height of twelve feet. The HLC is currently granted this authority through the general modification to bulk requirements within the code. As this typically applies to new construction, it would more than likely be reviewed by the Commission and not at the staff level. It is possible however that additions to commercial buildings that are within the H Overlay may be eligible for staff review. 5. Ground Mounted Utility Boxes The recommendation from the City is to prohibit ground mounted utility boxes in public rights of way when the utility box is only serving private development. The reason for this change is because the private development benefits from placing the boxes in the rights of way because doing so does not require space on private property for private infrastructure. However, this creates long term planning issues for the City because those boxes will never be able to be moved out of the right of way if the City desires or needs to make changes to the rights of way. Examples of city actions that may be impacted by allowing utility boxes to be placed in the rights of way include planting trees, expanding underground infrastructure (such as water pipes, storm drainage, or sewer lines), widening sidewalks, adding grade separate bike lanes, managing curb space, and other public uses within the ROW. The proposed prohibition would eliminate the ability for utility boxes within historic districts to be placed in the public rights of way when the box is only serving a private development. Utility boxes that serve the broader neighborhood would still be allowed provided they comply with the size requirements in the code. It is possible that a utility box could be proposed in excess of the size requirements because the size requirements are considered bulk regulations. 110 NEXT STEPS: There are a few issues that remain unresolved and some modifications may be made after the HLC public hearing. Those issues involve the key code changes discussed by the Planning Commission. An additional issue that has been identified is additional building height in the Foothill Zoning Districts. There are no local districts mapped within the Foothill Zoning Districts. The relatively steep slopes and large grade changes across individual properties make it difficult to build a new building are make additions to existing homes and comply with the height requirements. This may be addressed by allowing minority percentage of the building to exceed the height, like the proposal in commercial districts. The HLC may provide a positive or negative recommendation for the proposed text amendments. The recommendation will be sent to the Planning Commission and City Council, who will hold a briefing and additional public hearing(s) on the proposed text amendments amendment. The City Council may make modifications to the proposal and approve or decline to approve the proposed zoning text amendments. If the text amendments are approved by the City Council, appeals would be subject to the new City ordinance standards. The HLC may also recommend a modified version of the proposal. This would be advisable if the commission identifies potential issues with any aspect of the proposal. Instances where this may happen include: The commission wants to add a standard or modify a proposed regulation; The commission wants to delete a standard or requirement within the proposal; The commission wants additional information about any aspect of the proposal. There may be situations where the HLC makes a request and the Planning Division is not able to provide information regarding that request. An example of this may be a request for a significant amount of research or data that the Division does not have the capability to provide. 111 This is a simple summary of the proposed changes. Please refer to the draft code in Attachment B for all proposed changes. Additional Accessory structure height: increased height (up to 75% of the principal structure) allowed with increase in setbacks Accessory structures on double frontage lots: standards added to match location of accessory buildings of the block. Additional height for fences: removed exception process, sets maximum heights. Additional building height in commercial districts: deleted special exception; will rely on processes in base zoning district. Additional height in foothill districts: deleted special exception Additional height in R-1, R-2, SR districts: deleted special exception Alternative to off street parking: deleted Barbed wire fences: standards added, restricted to industrial and agricultural zones and for land uses that require added security, such as public utility facilities. Conditional home occupations: deleted. This was changed several years ago to permitted but was not deleted from the special exception chapter. Dividing exiting lots with existing detached dwellings: allowed through the subdivision process with standards added. Front yard parking: deleted Grade changes over 4 feet: will become permitted with a step between retaining walls necessary to retain the grade change. Ground mounted AC units, pool equipment, etc. within 4 feet of side or rear property line: deleted. Will be required to meet standards in code without exceptions. Hobby shop, art studio, exercise room in accessory buildings: deleted, will become permitted. Inline additions: permitted to match the existing building setback in front and rear yards; prohibited when buildings don’t comply with side yard setbacks. Home day care: will become permitted or conditional based on Utah Code requirements for number of kids. Outdoor dining in required yard: will be permitted with specific standards for setbacks, noise, etc. when next to residential zone. Razor wire fencing: limited to industrial and agricultural zones and some uses that require a high level of security. Replacement of noncomplying building or portion of a noncomplying building: allowed by right within the noncomplying chapter of the zoning ordinance. Underground encroachments: permitted in the encroachment table with standards. 112 Window mounted AC units: deleted special exception, will be permitted. Vehicle and equipment storage in CG, M1, M2, EI: permitted with specific standards for water quality and to reduce mud, dirt, gravel being carried onto public streets. Ground mounted utility boxes: permitted in the public right of way if under a certain size and if the box serves a broader area than just a private development and with specific standards. Unit legalizations: will be addressed as a determination of nonconforming use in chapter 21A.38. Standards related to continuing use maintained. Other standards that require update to parking standards deleted. Vintage signs: Changed to permitted with existing standards in the ordinance, expanded where a vintage sign could be used as public art. Additional height for lights at sports fields: changed to permitted with screening of light trespass, increased setback from residential uses. Recreation equipment height in OS zone: capped at 60 feet in height with no exceptions. Public utility buildings in OS zone: will be allowed to exceed building height for critical public utility infrastructure. Does not include office buildings. Fence and wall height over 6 feet for homeless resource centers: Planning Commission will be given the authority to approve taller fences for buffering purposes. Enlargement of structure with noncomplying use: allowed by right provided the addition complies with zoning requirements. Horizontal inline additions: permitted to match existing portions of buildings that do not meet setback when the addition is in the front or rear yards, but prohibited in side yards. Alteration to an existing SFD when the use is not allowed: alterations will be permitted. Amateur HAM radio antennae over 75 feet in height: special exception deleted. Electrical equipment for cell towers: will need to be in a side or rear yard with specific setback and screening requirements. Electrical security fences: deleted and will become nonpermitted. Covered ADA ramps: deleted, will be addressed through a reasonable accommodation authorized under federal laws. Ground mounted utility boxes over a certain size in the right of way: will be deleted and required to be located on private property when serving individual developments. Front yard parking for SFD when side or rear yard not accessible: deleted and will no longer be allowed. Parking exceeding the maximum: deleted. Will be addressed through proposed changes to parking ordinance. Alternative parking requirements: deleted. Will be addressed through proposed changes to parking ordinance. Commercial signs in historic districts: delete special exception requirement; will be authorized through existing processes in the Historic Preservation Overlay. 113 HLC bulk modifications: delete special exception requirement: will be authorized through existing processes in the Historic Preservation Overlay. 114 Special Exception Text Amendment 115 Special Exception Code Changes (Current as of 10/26/2020) This proposed ordinance makes the following amendments to Title 21A. Zoning: Amends section 21A.06.050 C 6 Deletes section 21A.24.010 P 2 Amends section 21A.24.010 P 6 Amends section 21A.24.050.D.6.a Amends section 21A.24.060.D.6.a Amends sections 21A.24.070.D.6.a Amends section 21A.24.080.D.6.a Amends section 21A.24.100.D.6.a Amends section 21A.24.110.D.6.a Amends section 21A.26.010.J Amends section 21A.32.100.D.3 Amends section 21A.32.100.D.4 Amends section 21A.32.100 H Amends section 21A.34.120.G Amends section Table 21A.36.020.B Amends section 21A.36.350.A.3 Amends section 21A.38.040.H.2 Amends section 21A.38.050.A Amends section 21A.38.050.G Amends section 21A.38.060 Amends section 21A.38.070 Adds new section 21A.38.075 Amends section 21A.40.040 Amends section 21A.40.050.A.6 Amends section 21A.40.050.C Amends section 21A.40.065 Amends section 21A.40.090.D Amends section 21A.40.090.E.3.b Adds new section 21A.40.100 Mechanical Equipment Amends section 21A.40.120.I Barbed Wire Fences Amends section 21A.40.120.J Razor Wire Fences Amends section 21A.40.120.L Electric Security Fences Amends section 21A.40.130 Access for Persons with Disabilities Amends section 21A.40.160 Ground mounted Utility Boxes Amends section 21A.44.090 Parking Modifications (this is the proposed parking chapter, not the current parking chapter) Amends section 21A.46.070.V Historic District signs Amends section 21A.46.125 Vintage signs Deletes chapter 21A.52 Special Exceptions Makes technical changes Makes changes to references associated with the amended sections 116 Underlined text is new; text with strikethrough is proposed to be deleted. All other text is existing with no proposed change. Amending 21A.06.050.C.6 1 6. Review and approve or deny certain special exceptions modifications to dimensional 2 standards for properties located within an H historic preservation overlay district. This 3 authority is also granted to the planning director or designee for applications within the 4 H Historic preservation overlay district that are eligible for administrative approval by 5 the planning director or zoning administrator. The certain special exceptions6 modifications to zoning district specific development standards are listed as follows and 7 are in addition to any modification authorized elsewhere in this title: 8 a. Building wall height;9 b. Accessory structure wall height;10 c. Accessory structure square footage;11 d. Fence height;12 e. Overall building and accessory structure height;13 f. Signs pursuant to section 21A.46.070 of this title; and14 g. Any modification to bulk and lot regulations, except density, of the underlying 15 zoning district where it is found that the underlying zoning would not be compatible 16 with the historic district and/or landmark site proposal complies with the applicable 17 standards identified in 21A.34.020 and is compatible with the surrounding historic 18 structures.19 20 Delete section 21A.24.010.P.2 (eliminating additional height in foothill zones)21 21A.24.010.P.222 Height Special Exception: The Planning Commission, as a special exception to the height 23 regulations of the applicable district, may approve a permit to exceed the maximum 24 building height but shall not have the authority to grant additional stories. To grant a 25 height special exception the Planning Commission must find the proposed plan:26 a. Is a design better suited to the site than can be achieved by strict compliance to 27 these regulations; and28 b. Satisfies the following criteria:29 (1) The topography of the lot presents difficulties for construction when the 30 foothill height limitations are applied,31 (2) The structure has been designed for the topographic conditions existing on 32 the particular lot, and33 (3) The impact of additional height on neighboring properties has been identified 34 and reasonably mitigated.35 c. In making these considerations the Planning Commission can consider the size 36 of the lot upon which the structure is proposed.37 d. The burden of proof is upon the applicant to submit sufficient data to persuade 38 the Planning Commission that the criteria have been satisfied.39 e. The Planning Commission may deny an application for a height special 40 exception if:41 117 (1) The architectural plans submitted are designed for structures on level, or 42 nearly level, ground, and the design is transposed to hillside lots requiring support 43 foundations such that the structure exceeds the height limits of these regulations;44 (2) The additional height can be reduced by modifying the design of the structure 45 through the use of stepping or terracing or by altering the placement of the structure on 46 the lot;47 (3) The additional height will substantially impair the views from adjacent lots, 48 and the impairment can be avoided by modification; or49 (4) The proposal is not in keeping with the character of the neighborhood. 50 Repealed51 Amending 21A.24.010 P 6 (modifying grade change requirements in foothill zones)52 6. Grade Changes: No grading shall be permitted prior to the issuance of a building 53 permit. The grade of any lot shall not be altered above or below established grade 54 more than four4 feet (4') at any point for the construction of any structure or 55 improvement except:56 a. Within the buildable area. Proposals to modify established grade more than 6 six57 feet (6') shall be reviewed as a special exception subject to the standards in 58 chapter 21A.52 of this title shall be permitted for the construction of below grade 59 portions of structures, egress windows, and building entrances. Grade change 60 transition areas between a yard area and the buildable area shall be within the 61 buildable area;62 b. Within the front, corner side, side and rear yard areas, proposals to modify 63 established grade more grade changes greater than 4four feet (4') shall be 64 reviewed as a special exception subject to the standards found in chapter 21A.52 65 of this title are permitted provided: and66 (1) The grade change is supported by retaining walls.67 (2) No individual retaining wall exceeds 6 feet in height.68 69 c. As necessary to construct driveway access from the street to the garage or 70 parking area grade changes and/or retaining walls up to six feet (6') from the 71 established grade shall be reviewed as a special exception subject to the standards 72 in chapter 21A.52 of this title Within the front and corner side yards, grade 73 changes up to 6 feet in height are permitted provided:74 (1)The grade change is necessary for driveways accessing legally located parking 75 areas 76 (2)The grade changes are supported by retaining walls.77 Delete reference to special exception for extra height in R-1, R-2, and SR districts78 21A.24.050.D.6.a: 79 6. a. For properties outside of the H Historic Preservation Overlay District, 80 additional building height may be granted as a special exception by the Planning 81 Commission subject to the special exception standards in chapter 21A.52 of this 82 title and if the proposed building height is in keeping with the development 83 pattern on the block face. The Planning Commission will approve, approve with 84 conditions, or deny the request pursuant to chapter 21A.52 of this title.85 118 b. Additional Principal Building Height: Requests for additional building height 86 for properties located in an H Historic Preservation Overlay District shall be 87 reviewed by the Historic Landmarks Commission which may grant such requests 88 subject to the provisions of section 21A.34.020 of this title.89 21A.24.060.D.6.a 90 6. a. For properties outside of the H Historic Preservation Overlay District, 91 additional building height may be granted as a special exception by the Planning 92 Commission subject to the special exception standards in chapter 21A.52 of this 93 title and if the proposed building height is in keeping with the development 94 pattern on the block face. The Planning Commission will approve, approve with 95 conditions, or deny the request pursuant to chapter 21A.52 of this title.96 b. Additional Principal Building Height: Requests for additional building height 97 for properties located in an H Historic Preservation Overlay District shall be 98 reviewed by the Historic Landmarks Commission which may grant such requests 99 subject to the provisions of section 21A.34.020 of this title.100 21A.24.070.D.6.a 101 6. a. For properties outside of the H Historic Preservation Overlay District, 102 additional building height may be granted as a special exception by the Planning 103 Commission subject to the special exception standards in chapter 21A.52 of this 104 title and if the proposed building height is in keeping with the development 105 pattern on the block face. The Planning Commission will approve, approve with 106 conditions, or deny the request pursuant to chapter 21A.52 of this title. 107 b. Additional Principal Building Height: Requests for additional building height 108 for properties located in an H Historic Preservation Overlay District shall be 109 reviewed by the Historic Landmarks Commission which may grant such requests 110 subject to the provisions of section 21A.34.020 of this title.111 21A.24.080.D.6.a 112 6. Additional Building Height:113 a. For properties outside of the H historic preservation overlay district, 114 additional building height may be granted as a special exception by the planning 115 commission subject to the special exception standards in chapter 21A.52 of this 116 title and if the proposed building height is in keeping with the development 117 pattern on the block face. The planning commission will approve, approve with 118 conditions, or deny the request pursuant to chapter 21A.52 of this title.119 b. Additional Principal Building Height: Requests for additional building 120 height for properties located in an H historic preservation overlay district shall be 121 reviewed by the historic landmarks commission which may grant such requests 122 subject to the provisions of section 21A.34.020 of this title.123 21A.24.100.D.6.a 124 6. Additional Building Height:125 a. For properties outside of the H historic preservation overlay district, 126 additional building height may be granted as a special exception by the planning 127 commission subject to the special exception standards in chapter 21A.52 of this 128 title and if the proposed building height is in keeping with the development 129 pattern on the block face. The planning commission will approve, approve with 130 conditions, or deny the request pursuant to chapter 21A.52 of this title.131 b. Additional Principal Building Height:: Requests for additional building 132 height for properties located in an H historic preservation overlay district shall be 133 119 reviewed by the Historic Landmarks Commission which may grant such requests 134 subject to the provisions of section 21A.34.020 of this title.135 21A.24.110.D.6.a 136 6. a. For properties outside of the H Historic Preservation Overlay District, 137 additional building height may be granted as a special exception by the Planning 138 Commission subject to the special exception standards in chapter 21A.52 of this 139 title and if the proposed building height is in keeping with the development 140 pattern on the block face. The Planning Commission will approve, approve with 141 conditions, or deny the request pursuant to chapter 21A.52 of this title.142 b. Additional Principal Building Height: Requests for additional building height 143 for properties located in an H Historic Preservation Overlay District shall be 144 reviewed by the Historic Landmarks Commission which may grant such requests 145 subject to the provisions of section 21A.34.020 of this title.146 Delete special exception for extra height in all commercial zoning districts in 21A.26.010 J147 21A.26.010 J: 148 J. Modifications To Maximum Height: The maximum height of buildings in 149 commercial zoning districts may be increased up to 10% on any building face 150 Additions to the maximum height due to the natural topography of the site may 151 be approved pursuant to the following procedures and standards:152 1. At least 50% of the building complies with the maximum height of the 153 underlying zoning district; 154 2. The modification allows the upper floor of a building to be level with the 155 portion of the building that complies with the maximum building height 156 of the zone without the 10% modification; and157 3. The height of the ground floor is at least 12 feet in height measured from 158 finished floor to finished ceiling height.159 1. Modifications Of Ten Percent Or Less Of Maximum Height:160 a. The Planning Commission may approve, as a special exception, additional 161 height not exceeding ten percent (10%) of the maximum height pursuant to the 162 standards and procedures of chapter 21A.52 of this title. Specific conditions for 163 approval are found in chapter 21A.52 of this title.164 2. Modifications Of More Than Ten Percent Of Maximum Height:165 a. Design Review: Through design review for properties on a sloping lot in 166 Commercial Zoning Districts, pursuant to chapter 21A.59 of this title, the 167 Planning Commission, or in the case of an administrative approval the Planning 168 Director or designee, may allow additional building height of more than ten 169 percent (10%) of the maximum height, but not more than one additional story, if 170 the first floor of the building exceeds twenty thousand (20,000) square feet. The 171 additional story shall not be exposed on more than fifty percent (50%) of the 172 total building elevations.173 Changes to 21A.32.100 D 3 and D 4 deleting special exception for recreation equipment height 174 and heights for public utility buildings in the OS Open Space zoning district175 3. Recreation equipment heights or heights for buildings or structures for the Salt Lake 176 City Public Utilities Department that are not specifically exempt in section 177 21A.02.050 of this title, in excess of sixty feet (60') may be approved through the 178 120 Special Exception process. are permitted to a height not to exceed 80 feet when 179 needed due to the nature of the equipment or for the use to operate safely, such as 180 fences surrounding golf course driving ranges.181 4. Heights for buildings or structures for the Salt Lake City Public Utilities Department 182 that are not specifically exempt in section 21A.02.050 of this title, are exempt from 183 the height restrictions in this zoning district provided the building or structure is 184 deemed by the director of the public utilities department as critical infrastructure 185 necessary to provide specific utility needs to the public. 186 Changes to 21A.32.100 H additional height for sports related light poles in the OS zone.187 H. Lighting: All uses and developments that provide lighting shall ensure that lighting 188 installations comply with the following standards189 1. Lighting is installed in a manner and location that will do not have an adverse 190 impact on the natural environment when placed in areas with wildlife habitat, 191 traffic safety or on surrounding properties and uses. 192 2. Light sources shall be shielded to eliminate excessive glare or light into 193 adjacent properties and have cutoffs to protect the view of the night sky.194 3. Light poles for outdoor uses, such as sports fields, amphitheaters, and other 195 similar uses may be permitted to exceed the maximum heights up to 70 feet 196 in height provided the lights are located a minimum of 30 feet from a 197 residential use and directed to reduce light trespass onto neighboring 198 properties.199 200 Changes to 21A.34.120 Garages located in hillsides in the YCI Yalecrest Compatible Infill 201 Overlay202 G. Special Exception For Garages Built into Hillsides in Front or Corner Side Yards: A 203 garage built into a hillside and located forward of the front line of the building may 204 be allowed as a special exception granted by the planning commission, subject to the 205 following standards:206 1. The rear and side yards cannot be reasonably accessed for the purpose of 207 parking. 208 2. Because of the topography of the lot it is impossible to construct a garage and 209 satisfy the standards of the YCI.210 3. The ceiling elevation of the garage is below the elevation of the first or main 211 floor of the house.212 4. The garage meets all applicable yard requirements.213 Changes to Table 21A.36.020 B Obstructions in Required yards214 TABLE 21A.36.020B215 OBSTRUCTIONS IN REQUIRED YARDS1216 217 121 Type Of Structure Or Use Obstruction Front And Corner Side Yards Side Yard Rear Yard Below grade encroachments underground obstructions when there is no exterior evidence of the underground structure other than entrances and required venting provided there are no conflicts with any easements or publicly owned infrastructure or utilities. 2 X X X Central air conditioning systems, heating, ventilating, pool and filtering equipment, the outside elements shall be located not less than 4 feet from a lot line..Structures less than 4 feet from the property line shall be reviewed as a special exception according to the provisions of section 21A.52.030 of this title X X Changes of established grade for commercial or industrial uses in zones, where conditionally or otherwise permitted, the grade is changed to accommodate site retention or detention requirements X X X Changes of established grade of 4 feet or less except for the FP and FR Districts which shall be subject to the provisions of subsection 21A.24.010P of this title. (All grade changes located on a property line shall be supported by a retaining wall.) For properties outside of the H Historic Preservation Overlay District, Changes of established grade greater than 4 feet are special exceptions subject to the standards and factors in chapter 21A.52 of this title Grade changes greater than 4 feet in height provided the grade change includes a retaining wall, a horizontal step that is a minimum of 3 feet in depth is provided for every 4 vertical feet of retaining wall. X X X Laundry drying equipment (clothesline and poles) X X X Window mounted refrigerated air conditioners and evaporative "swamp" coolers located at least 2 feet from the property line. Window mounted refrigerated air conditioner units and "swamp" coolers less than 2 feet from the property line shall be reviewed as a special exception according to the provisions of section 21A.52.030 of this title X X X Notes:218 1. "X" denotes where obstructions are allowed.219 2. Below grade encroachments (encroachments which are completely below grade where the 220 surface grade remains intact and where the below grade encroachment is not visible from the 221 surface) into required yards shall be treated as a special exception in accordance with the 222 procedures set forth in chapter 21A.52 of this title. reserved223 3. The accessory structure shall be located wholly behind the primary structure on the 224 property.225 226 Changes to 21A.36.350 A 3: fence and wall height associated with homeless resource center227 122 21A.36.350.A.3. A decorative masonry wall that is a minimum of six6 feet (6') high shall 228 be provided along all interior side and rear lot lines and that complies with all required 229 site distance triangles at driveways and walkways. Walls in excess of 6six feet (6') may be 230 approved by the Planning Commission as a special exception required as a condition of 231 approval of a conditional use if it determines a taller wall is necessary to mitigate a 232 detrimental impact created by the homeless resource center or homeless shelter;233 Changes to 21A.38.040 H 2 enlarging a structure with a legal non-conforming use234 21A.38.040.H.2 235 2. Enlargement Of A Structure With A Nonconforming Use: Alterations or modifications 236 to a portion of a structure with Enlargement of a legal nonconforming use may be 237 approved by special exception, subject to the provisions of chapter 21A.52 of this title,238 are limited to a one time expansion of up to if the floor area for the nonconforming use 239 does not increase by more than twenty five 25 percent (25%) of the gross floor area, or 240 one thousand (1,000) gross square feet, whichever is less and subject to the site being 241 able to provide required off street parking that complies with any applicable parking 242 requirement of this title. within the limits of existing legal hard surfaced parking areas 243 on the site. An approved expansion shall be documented through an updated zoning 244 certificate for the property. Any expansion to the nonconforming use portion of a 245 structure beyond these limits is not permitted. The expansion shall be limited to a one-246 time expansion after April 12, 1995, the effective date of this title. Any expansion granted 247 as a special exception after April 12, 1995 shall be considered as fulfilling the one-time 248 expansion.249 Changes to 21A.38.050 A Noncomplying structures and inline additions250 A. Enlargement: A noncomplying structure may be enlarged if such enlargement and its 251 location comply with the standards of the zoning district in which it is located or as 252 provided in this section. Horizontal in line additions or extensions to existing 253 noncomplying building portions are considered not creating a new nonconformance 254 and are subject to special exception standards and approval of subsection 255 21A.52.030A15 of this title. Vertical in line additions or extensions to existing 256 noncomplying building portions are considered creating a new nonconformance and 257 are not permitted.258 1. Noncomplying as to setbacks259 a. Front yard: A principal building with a front yard setback that is less than the 260 minimum required may be enlarged provided the addition does not further 261 reduce the existing front yard setback and complies with all other applicable 262 requirements of Title 21A. 263 b. Corner side yards: A principal building with a corner side yard setback that is 264 less than the minimum required may be enlarged provided the addition does 265 not further reduce the existing corner side yard setback and complies with all 266 other applicable requirements of Title 21A. 267 c. Interior side yards: Any addition to a principal structure with a 268 noncomplying setback is permitted provided the addition complies with the 269 minimum side yard setback requirement and maximum wall height as 270 specified in the underlying zone. In determining if a side yard is 271 123 noncomplying, the narrower of the two side yards shall be interpreted to be 272 the narrower side yard required in the underlying zoning district. 273 274 d. Rear yards. A principal building noncomplying to rear yard setbacks may be 275 expanded provided the expansion follows an existing noncomplying building 276 wall and does not result in a decrease of the existing rear yard setback and 277 complies with side and corner side yard setbacks of the underlying zoning 278 district. If the building does not comply with the existing side or corner side 279 yard setback, the expansion shall be permitted to extend to the side or corner 280 side yard setback of the underlying zone. 281 2. Noncomplying as to height: A principal structure that exceeds the maximum 282 height of the underlying zoning district may be expanded at the existing height of 283 the building provided the setbacks of the underlying zoning district are complied 284 with. If the existing setbacks of the structure are noncomplying, then an 285 expansion of the building shall comply with the height and applicable setback 286 requirements of the underlying zoning district. 287 Changes to 21A.38.050 G replacement/reconstruction of a noncomplying structure288 The replacement or reconstruction of any existing noncomplying portion of a principal 289 structure or full replacement of a noncomplying accessory structure is subject to the290 special exception standards of subsection 21A.52.030A19 of this title permitted provided 291 the replacement is in the same location or in a location that reduces the degree of 292 noncompliance and is of substantially the same dimension. Enlarging a full replacement 293 of a noncomplying accessory structure is permitted provided the enlarged section 294 complies with all setback, height, maximum square feet, and lot or yard coverage 295 requirements. 296 Changes to 21A.38.060 Noncomplying lots: adding paragraph A addressing subdividing a lot 297 with two or more principal buildings.298 A. Subdividing Lots containing two or more separate principal buildings. Lots that 299 contain two or more separate principal buildings on a single parcel may be subdivided to 300 place each structure on a separate lot subject to the following provisions301 1. The properties shall be subdivided by recording of a plat.302 2. The proposed lots are exempt from the minimum lot area, lot width, lot coverage, 303 and street frontage requirements of the underlying zoning district;304 3. The proposed setbacks shall be reviewed and approved by the Planning Director305 after consultation with applicable city departments;306 4. The proposed subdivision plat shall identify the front, corner side, interior side, 307 and rear yards for the purpose of future development.308 5. Parking may be located anywhere within the proposed subdivision except front 309 yards (unless already existing) and shall not be reduced below the existing off-310 street parking 311 6.All lots that are part of the subdivision must include adequate access to a public 312 street. Adequate access shall include pedestrian walkways and when off-street 313 parking is required, vehicle access and parking.314 124 7.All necessary easements for access and utilities are shown on the plat. A note 315 shall be added to indicate responsibility for maintenance of shared access and 316 utilities.317 8. All other applicable regulations of the Salt Lake City Code shall apply.318 Changes to 21A.38.070 Legal conforming single-family detached dwelling, tw0-family dwelling, 319 and twin home. 320 Any legally existing single-family detached dwelling, two-family dwelling, or twin home 321 located in a zoning district that does not allow these uses shall be considered legal 322 conforming. Legal conforming status shall authorize replacement of the single-family 323 detached dwelling, two-family dwelling, or twin home structure to the extent of the 324 original footprint.325 326 A. Alterations, Additions Or Extensions Or Replacement Structures Greater Than 327 The Original Footprint: In zoning districts other than M-1 and M-2, which do 328 not allow detached single-family dwelling units, two-family dwelling units or 329 twin homes, any alterations, extensions/additions or the replacement of the 330 structure may exceed the original footprint by twenty five25 percent (25%) of the 331 existing structure subject to the following standards:332 1. Any alterations, extensions/additions or the replacement structure shall not 333 project into a required yard beyond any encroachment established by the 334 structure being replaced.335 2. Any alterations, additions or extensions beyond the original footprint which 336 are noncomplying are subject to special exception standards of subsection 337 21A.52.030A15 of this title.338 3. All replacement structures in nonresidential zones are subject to the 339 provisions of section 21A.36.190, "Residential Building Standards For Legal 340 Conforming Single-Family Detached Dwellings, Two-Family Dwellings And 341 Twin Homes In Nonresidential Zoning Districts", of this title.342 343 Any alterations, additions or extensions or replacement structures which exceed twenty 344 five percent (25%) of the original footprint, or alterations, additions or extensions or 345 replacement of a single-family detached dwelling, two-family dwelling or twin home in 346 an M-1 or M-2 zoning district may be allowed as a conditional use subject to the 347 provisions of chapter 21A.54 of this title.348 Adding new section 21A.38.075 Unit Legalizations: relocated from special exception chapter.349 A. Purpose: The purpose of this subsection is to implement the existing Salt Lake City 350 community housing plan by providing a process that gives owners of property with one 351 or more excess dwelling units not recognized by the city an opportunity to legalize such 352 units based on the standards set forth in this section. The intent is to maintain existing 353 housing stock in a safe manner that contributes to the vitality and sustainability of 354 neighborhoods within the city.355 B. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this 356 section shall comply with the following standards.357 358 125 1. The dwelling unit existed prior to April 12, 1995. In order to determine whether 359 a dwelling unit was in existence prior to April 12, 1995, the unit owner shall 360 provide documentation thereof which may include any of the following:361 a. Copies of lease or rental agreements, lease or rent payments, or other similar 362 documentation showing a transaction between the unit owner and tenants;363 b. Evidence indicating that prior to April 12, 1995, the city issued a building 364 permit, business license, zoning certificate, or other permit relating to the 365 dwelling unit in question;366 c. Utility records indicating existence of a dwelling unit;367 d. Historic surveys recognized by the Planning Director as being performed by a 368 trained professional in historic preservation;369 e. Notarized affidavits from a previous owner, tenant, or neighbor;370 f. Polk, Cole, or phone directories that indicate existence of the dwelling unit 371 (but not necessarily that the unit was occupied); or372 g. Any other documentation that the owner is willing to place into a public 373 record which indicates the existence of the excess unit prior to April 12, 1995.374 2. The excess unit has been maintained as a separate dwelling unit since April 12, 375 1995. In order to determine if a unit has been maintained as a separate dwelling 376 unit, the following may be considered:377 a. Evidence listed in subsection B.1 of this section indicates that the unit has 378 been occupied at least once every 5 calendar years;379 b. Evidence that the unit was marketed for occupancy if the unit was unoccupied 380 for more than 5 consecutive years;381 c. If evidence of maintaining a separate dwelling unit as required by subsections 382 B.1 of this section cannot be established, documentation of construction 383 upgrades may be provided in lieu thereof.384 d. Any documentation that the owner is willing to place into a public record 385 which provides evidence that the unit was referenced as a separate dwelling 386 unit at least once every 5 years.387 3. The property where the dwelling unit is located:388 a. Can accommodate on-site parking as required by this title, or389 b. Is located within a one-fourth (1/4) mile radius of a fixed rail transit stop or 390 bus stop in service at the time of legalization.391 4. Any active zoning violations occurring on the property must be resolved except 392 for those related to excess units.393 C. Conditions Of Approval: Any approved unit legalization shall be subject to the following 394 conditions:395 1. The unit owner shall allow the City's building official or designee to inspect the 396 dwelling unit to determine whether the unit substantially complies with basic life 397 safety requirements as provided in title 18, chapter 18.50, "Existing Residential 398 Housing", of this Code. 399 2. All required corrections indicated during the inspection process must be 400 completed within 1 year unless granted an extension by the Building Official.401 3. If a business license is required by Title 5 of the Salt Lake City Code of ordinance, 402 the unit owner shall apply for a business license, when required, within fourteen 403 (14) days ofany correction required by this section being completed and approved 404 by the City Building Official..405 406 126 D.Application: A determination of non-conforming use application, provided by the Zoning 407 Administer, shall be required to legalize unrecognized dwelling units. A notice of 408 application shall be sent to property owners and occupants as required by chapter 409 21A.10. The purpose of the notice is to allow neighbors to submit evidence regarding the 410 existence of the dwelling unit and the length of time that the unit has been in existence.411 Changes to 21A.40.040 Use limitations: clarifies accessory uses.412 21A.40.040: USE LIMITATIONS:413 In addition to the applicable use limitations of the district regulations, no accessory use, 414 building or structure shall be permitted unless it complies with the restrictions set forth 415 below:416 A. An accessory use, building or structure shall be incidental and subordinate to the 417 principal use or structure in area, extent and purpose;418 B. An accessory use, building or structure shall be under the same ownership or 419 control as the principal use or structure, and shall be, except as otherwise expressly 420 authorized by the provisions of this title, located on the same lot as the principal 421 use or structure;422 C. No accessory use, building or structure shall be established or constructed before 423 the principal use is in operation or the structure is under construction in 424 accordance with these regulations; and425 D. No commercial sign, except as expressly authorized by this chapter or by the 426 provisions of chapter 21A.46 of this title, shall be maintained in connection with an 427 accessory use or structure.428 E. An accessory use shall be permitted if it is routinely and customarily associated with 429 the principal use and not otherwise prohibited by this Title. For residential uses, 430 this includes accessory uses that are customarily associated with a dwelling, such as 431 home office, outdoor living space, pool houses, storage, personal use, hobbies, and 432 other similar uses but does not include short term rentals or other uses not allowed 433 in the zoning district. 434 435 Changes to 21A.40.050 A 6 accessory structures on double frontage lots. Clarifies where 436 accessory structures can be located on lots that have two front yards (a street along the front 437 yard and back yard)438 21A.40.050 A 6: Double Frontage lots: Accessory structures and buildings located on a 439 property where both the front and rear yards have frontage on a street may be located in 440 a front yard provided the accessory building or structure:441 a. Is located in a provided yard that is directly opposite the front yard where the 442 primary entrance to the principal building is located; 443 b. Is in a location that is consistent with other accessory building locations on the 444 block; 445 c. Complies with any clear view triangle requirements of this Title; and 446 d. Complies with all other accessory building and structure requirements of this 447 title.448 449 Changes to 21A.40.050 C Maximum height of accessory structures. Changes how accessory 450 buildings are measured for height and increases the allowed height up to 75% of the principal 451 structure if the setbacks are increased. 452 127 C. Maximum Height Of Accessory Buildings/Structures:453 1. Accessory To Residential Uses In The FP District, RMF Districts, RB, R-MU 454 Districts, SNB And The RO District: The height of accessory buildings/structures 455 in residential districts are measured from established grade to the highest point of 456 the accessory building and shall conform to the following:457 a. The height of accessory buildings structures with flat roofs shall not exceed 458 twelve12 feet (12'). The height of flat roof structures may be increased up to 459 75% of the height of the principal structure, not to exceed 15 feet provided 460 the setbacks increases 1 foot for every one 1 foot of building height above 12 461 feet.462 b. The height of accessory buildings structures with pitched roofs shall not 463 exceed 17 seventeen feet (17') measured to the midpoint of the roof. The 464 height of pitched roof structures may be increased up to 75% of the height of 465 the principal structure, not exceed 15 feet provided the setbacks increase 1 466 foot for every 1 foot of structure height above 17 feet. ; and467 c. Accessory buildings with greater building height may be approved as a 468 special exception, pursuant to chapter 21A.52 of this title. 469 2. Accessory To Residential Uses In The FR, R-1 Districts, R-2 District And SR 470 Districts: The height of accessory buildings/structures in the FR districts, R-1 471 districts, R-2 district and SR districts are measured from established grade to the 472 highest point of the accessory structure and shall conform to the following:473 a. The height of accessory buildings structures with flat roofs shall not exceed twelve474 12 feet (12'); nine9 feet (9') measured from established grade in the SR-1A475 zoning district. The height of flat roof structures may be increased up to 75% 476 of the height of the principal structure, not to exceed 15 feet or 11 feet in the 477 SR-1A zoning district provided the setbacks are increased 1 foot for every one 478 1 foot of building height above 12 feet or 9 feet in the SR-1A zoning district. 479 b. The height of accessory buildings structures with pitched roofs shall not 480 exceed seventeen17 feet (17') measured as the vertical distance between the 481 top of the roof and the established grade at any given point of building 482 coverage. In the SR-1A zoning district the height of accessory buildings483 structures with pitched roofs shall not exceed 14fourteen feet (14'). The 484 height of pitched roof structures may be increased up to 75% of the height of 485 the principal structure, not to exceed 21 feet or 15 feet in the SR-1A zoning 486 district provided the setbacks are increased 1 foot for every 1 foot of building 487 height above 17 feet or 15 feet in the SR-1A zoning district.; and488 c. Accessory buildings with greater building height may be approved as a 489 special exception, pursuant to chapter 21A.52 of this title, if the proposed 490 accessory building is in keeping with other accessory buildings on the block 491 face. 492 493 128 Changes to 21A.40.065 Outdoor Dining. Outdoor dining changed to permitted with clarified 494 standards related to noise, setbacks, and location. 495 21A.4o.065 Outdoor Dining496 "Outdoor dining", as defined in chapter 21A.62 of this title, shall be allowed in any 497 zoning district where restaurant and retail uses are allowed and for any noncomplying 498 restaurant or retail use subject to the provisions of this section:499 A. Where allowed:500 A. Within the buildable lot area, Outdoor dining in the public way shall be 501 permitted subject to all City requirements.502 B. Within a required or provided front or corner side yard;503 C. Within a required side yard provided: the outdoor dining is setback a 504 minimum of 10 feet when adjacent to a residential zoning district that does 505 not permit restaurants or retail uses. Properties separated by an alley are not 506 considered adjacent for the purpose of this section.507 D. Within a required rear yard provided the outdoor dining is setback a 508 minimum of 10 feet when adjacent to a residential zoning district that does 509 not permit restaurants or retail uses. Properties separated by an alley are not 510 considered adjacent for the purpose of this section. 511 E. Within a public right of way or an adjacent public property subject to all 512 applicable lease agreements, applicable regulations, and the outdoor dining 513 design guidelines.514 B. Outdoor dining is allowed within the required landscaped yard or buffer area, in 515 commercial and manufacturing zoning districts where such uses are allowed. 516 Outdoor dining is allowed in the RB, CN, MU, R-MU, RMU-35 and the RMU-45 517 Zones and for nonconforming restaurants and similar uses that serve food or 518 drinks through the provisions of the special exception process (see chapter 519 21A.52 of this title). All outdoor dining shall be subject to the following 520 conditions:521 1. All applicable requirements of chapter 21A.48 and section 21A.36.020 of this 522 title are met.523 2. All required business, health and other regulatory licenses for the outdoor 524 dining have been secured.525 3. All the proposed outdoor dining activities will be conducted on private 526 property owned or otherwise controlled by the applicant and that none of 527 the activities will occur on any publicly owned rights-of-way unless separate 528 approval for the use of any such public rights-of-way has been obtained 529 from the City. 530 b. The location of any paving, landscaping, planters, fencing, canopies, 531 umbrellas or other table covers or barriers surrounding the area;532 c. The proposed outdoor dining will not impede pedestrian or vehicular 533 traffic; and534 4d. The main entry has a control point as required by State liquor laws.535 5e. The proposed outdoor dining complies with all conditions pertaining to 536 any existing variances, conditional uses or other approvals granted for 537 property.538 6f. Live music will not be performed nor loudspeakers played in the outdoor 539 dining area unless the decibel level is within conformance with the Salt 540 Lake City noise control ordinance, title 9, chapter 9.28 of this Code. Live 541 129 music and loudspeakers are prohibited outside between the hours of 9:00 542 pm and 9:00 am when the property is adjacent to a residential zoning 543 district.544 7g. No additional parking is required unless the total outdoor dining area 545 ever exceeds five hundred (500) square feet. Parking for outdoor dining 546 areas in excess of five hundred (500) square feet is required at a ratio of 547 two (2) spaces per one thousand (1,000) square feet of outdoor dining 548 area. No additional parking is required in the D-1, D-2, D-3, D-4, TSA, or 549 G-MU Zone. Outdoor dining shall be by considered an expansion of an 550 use for the purpose of determining if additional parking is required as 551 stated in Chapter 21A.44 Parking. 552 8. Smoking shall be prohibited within the outdoor dining area and within 553 twenty five25 feet (25') of the outdoor dining area.554 ii. H. The proposed outdoor dining complies with the 555 environmental performance standards as stated in 556 section 21A.36.180 of this title.557 iii. i. Outdoor dining shall be located in areas where 558 such use is likely to have the least adverse impacts on 559 adjacent properties.560 561 Changes to 21A.40.090 D Amateur radio facilities with surface area exceeding 10 square feet. 562 Removes the special exception process for extra height. 563 21A.40.090 D: Amateur Radio Facilities with Surface Area Exceeding 10 Square Feet564 Amateur Radio Facilities With Surface Area Exceeding 10 Square Feet: Any antenna and 565 antenna support having a combined surface area greater than ten (10) square feet or 566 having any single dimension exceeding twelve 12 feet (12') that is capable of transmitting 567 as well as receiving signals and is licensed by the Federal Communications Commission 568 as an amateur radio facility shall be permitted as an accessory use, but only in 569 compliance with the regulations set forth below:570 1. Number Limited: No more than one such antenna or antenna support structure with 571 a surface area greater than ten (10) square feet or any single dimension exceeding 572 twelve12 feet (12') may be located on any lot.573 2. Height Limited: No such antenna and its support structure shall, if ground mounted, 574 exceed seventy five75 feet (75') in height or, if attached to a building pursuant to 575 subsection D3 of this section, the height therein specified.576 3. Attachment To Buildings Limited: No such antenna or its support structure shall be 577 attached to a principal or accessory structure unless all of the following conditions 578 are satisfied:579 a. Height: The antenna and its support structure shall not extend more than twenty580 20 feet (20') above the highest point of the building on which it is mounted.581 b. Mounting: The antenna and its support structure shall not be attached to or 582 mounted upon any building appurtenance, such as a chimney. The antenna and 583 its support structure shall not be mounted or attached to the front or corner side 584 of any principal building facing a street, including any portion of the building 585 roof facing any street. The antenna and its support structure shall be designed to 586 withstand a wind force of eighty (80) miles per hour without the use of 587 supporting guywires.588 130 c. Grounding: The antenna and its support structure shall be bonded to a grounding 589 rod.590 d. Other Standards: The antenna and its support structure shall satisfy such other 591 design and construction standards as the Zoning Administrator determines are 592 necessary to ensure safe construction and maintenance of the antenna and its 593 support structure.594 e. Special Exception For Increased Height: Any person desiring to erect an amateur 595 ("ham") radio antenna in excess of seventy five feet (75') shall file an application 596 for a special exception with the Zoning Administrator pursuant to chapter 21A.52 597 of this title. In addition to the other application regulations, the application shall 598 specify the details and dimensions of the proposed antenna and its supporting 599 structures and shall further specify why the applicant contends that such a design 600 and height are necessary to accommodate reasonably amateur radio 601 communication. The Zoning Administrator shall approve the proposed design 602 and height unless the Zoning Administrator finds that a different design and 603 height which is less violative of the City's demonstrated health, safety or aesthetic 604 considerations also accommodates reasonably amateur radio communication 605 and, further, that the alternative design and height are the minimum practicable 606 regulation necessary to accomplish the City's actual and demonstrated legitimate 607 purposes. The burden of proving the acceptability of the alternative design shall 608 be on the City.609 610 Changes to 21A.40.090 E 3 b electrical equipment exceeding the permitted size for cell towers. 611 Requires electrical equipment to be located on private property and prohibits the equipment 612 from being located between the street facing façade and the street. 613 21A.40.090.E.3.b Electrical Equipment Located On Private Property: Electrical 614 equipment shall be subject to the following standards: located in the rear yard, interior 615 side yard, or within the buildable area on a given parcel. In the case of a parcel with an 616 existing building, the electrical equipment shall not be located between the front and/or 617 corner street facing building facades of the building and the street.618 619 Electrical equipment located in a residential zoning district, shall not exceed a width of 620 four feet (4'), a depth of three feet (3'), or a height of four feet (4') to be considered a 621 permitted use if located outside of an enclosed building. Electrical equipment exceeding 622 these dimensions shall be located inside of an enclosed building. 623 624 Electrical equipment located in all other CN, PL, PL-2, CB, I or OS Zoning Districts shall 625 not exceed a width of six feet (6'), a depth of three feet (3'), or a height of six feet (6') to 626 be considered a permitted use if located outside of an enclosed building. Electrical 627 equipment exceeding these dimensions shall be located inside of an enclosed building. 628 . 629 630 Electrical equipment exceeding the dimensions listed above shall be reviewed 631 administratively as a special exception per chapter 21A.52 of this title.632 633 The electrical equipment and any necessary building shall be subject to the maximum lot 634 coverage requirements in the underlying zoning district.635 i. Located in a rear yard, interior side yard, or within the building area of the lot.636 131 ii. If located in a zoning district without a require front or corner side yard setback, the 637 equipment shall be located a minimum of 10 feet from the front or corner side yard 638 property line. 639 iii. Located a minimum of 4 feet from a side or rear property line unless located in an 640 enclosed structure or a vault where the equipment will not be visible.641 iv. If the equipment is located next to a public trail, park, open space, or other public 642 space other than a street, the equipment shall be screened by a masonry wall or solid 643 fence so the equipment is not visible.644 v. The electrical equipment and any structure associated with the electrical equipment is 645 subject to the maximum lot coverage of the underlying zoning district.646 647 Adding new section 21A.40.100 Mechanical equipment. Requires mechanical equipment to be 648 located on private property subject to specific standards.649 21A.40.100 Location of Mechanical Equipment: All mechanical equipment shall be 650 located as follows651 A. Front and corner side yards and double frontage lots: Only allowed if located within 652 4 feet of the principal building and screened by vegetation, a solid wall or fence so the 653 equipment is not visible and at least 10 feet from the front and corner side yard 654 property lines. 655 B. Side yards: At least 4 feet from a side property line. 656 C. Rear yards: at least 4 feet from a rear property line.657 D. Prohibited areas: in addition to the yard requirements above, mechanical equipment 658 is prohibited to be located on the roof of an accessory structure, with the exception of 659 exhaust fans and mechanical vents serving the accessory building in which case the 660 fans or vents shall be at least 10 feet from a property line. 661 662 Changes to 21A.40.120 I Barbed wire fences: removes special exception requirements and adds 663 standards to address impacts. 664 I. Barbed Wire Fences:665 1. Permitted Use: Barbed wire fencing is allowed as a permitted use in the following 666 instances:667 a.AG, AG-2, AG-5, AG-20, A, CG, M-1, and M-2 and D-2 districts and to secure 668 critical infrastructure located in any other zoning district not listed subject to the 669 following requirements. Critical infrastructure includes sites that are necessary 670 to protect the facility or site for the purpose of public health and sa