014 of 2006 - pertaining to nonconforming uses & noncomplying structures wil
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SALT LAKE CITY ORDINANCE
No. 14 of 2006
(Amending Nonconforming Uses and Noncomplying Structures)
AN ORDINANCE AMENDING CHAPTER 21A.38, SALT LAKE CITY CODE,
PERTAINING TO NONCONFORMING USES AND NONCOMPLYING STRUCTURES,
PURSUANT TO PETITION NO. 400-03-34.
WHEREAS, the City Council adopted legislative action requesting that the
Administration review the nonconforming uses and noncomplying structures section of the
zoning code relating to the current percentage limitations for reconstruction, improvement or
expansion of nonconforming uses and noncomplying structures; and establish refined standards,
public notification, and review processes that include: a) replacement, construction, improvement
or expansion of certain types of nonconforming uses and noncomplying structures; b)
establishment of categories of nonconforming uses and noncomplying structures with a different
level of review and public notification depending upon the impact to the surrounding
neighborhood; and c) identification of other options.
WHEREAS, the Salt Lake City Code contains regulations regarding nonconforming uses
and noncomplying structures.
WHEREAS, allowing some flexibility in addressing nonconforming uses to allow
property owners and investors options, not heretofore available, to reinvest or expand property in
a manner that minimizes impacts on neighborhoods and supports land uses that serve the citizens
as well as the community.
WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings before its
own body and before the Planning Commission, and has taken into consideration citizen
testimony, filing, and demographic details of the area, the long range general plans of the City,
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and any local master plan as part of its deliberation. Pursuant to these deliberations, the City
Council has concluded that the proposed amendments to nonconforming uses and noncomplying
structures regulations are appropriate for the development of the community.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 21A.38, Salt Lake City Code,pertaining to nonconforming
uses and noncomplying structures be, and the same hereby is, amended to read as follows:
21A.38.080 Moving, Enlarging Or Altering Nonconforming Uses Of Land And Structures:
No nonconforming use may be moved, enlarged or altered and no nonconforming use of land
may occupy additional land, except as provided in this section.
A. Enlargement: A nonconforming use may not be enlarged, expanded or extended to
occupy all or a part of another structure or site, that it did not occupy on the effective date of any
amendment to this title that makes the use nonconforming. A nonconforming use for the
purposes of this section may be extended within the same structure or as an addition to the same
structure, provided the enlargement does not increase the need for additional hard surface parking
than is existing on the property.
1. Reoccupation Or Enlargement Of A Structure With A More Intensive
Nonconforming Use. Whenever expansion of a nonconforming use exceeds fifty percent(50%)
of the original use at the time the use became nonconforming; a nonconforming use expansion
requires additional off-street parking than existing on the site or a nonconforming use changes to
a more intensive nonconforming use; such expansions shall only be approved as a conditional
use subject to the requirements of Part V Chapter 21A.52 Conditional Uses and applicable
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specific conditional use standards and/or site and design review standards provided in this
section.
a. Specific Conditional Use Standards. The Planning Commission may grant a conditional
use permit for the enlargement of a structure containing a nonconforming use, provision of
additional parking area for a nonconforming use or the reoccupation of a structure with a
nonconforming use that is more intensive, excepting uses which are only permitted as a
conditional use in the Heavy Manufacturing District(M-2) of this title located within any
residential, mixed use, commercial or nonresidential zoning district, subject to consideration of
the following standards:
i. The condition and economic life of the building is such that near future demolition is not
likely to occur;
ii. The use provides reuse of buildings with architectural or historic value;
iii. The use supports walk to work or live-work opportunities;
iv. The use provides an appropriate scale of neighborhood or community level of services;
v. The enlargement will not create any additional noncompliance with zoning standards
except for building modifications for life safety concerns;
vi. The enlargement and reuse of the structure would not substantially change the character of
the neighborhood; and/or
vii. The use is not in conflict with any other current, local or state development standards.
(i.e. Floodplain Hazard Protection, Fault Line Hazards, Ground Water Source Protection, Airport
Flight Path Protection, Environmental Performance Standards, and Hazardous Waste
Prohibition).
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b. Site and Design Review Standards. Whenever an expansion or intensification of a
nonconforming use is located within residentially zoned property or abuts residentially zoned
property the following site and design review standards shall be reviewed as part of the
conditional use approval process:
i. Building Orientation. The development shall orient to the street, not an interior courtyard
or parking lot. The primary access shall be oriented to the pedestrian and have at least one
operable building entrance that faces a public street. Residential uses shall meet the standards for
Sections 21A.24.010.H Side Entry Buildings and 21A.24.010.I Front Façade Controls,
ii. Facade. For nonresidential uses, street oriented facades shall maintain detailing and glass
in sufficient quantities to facilitate pedestrian interest and interaction,
(A) Minimum First Floor Glass: The first floor elevation facing a street of all new building
additions or buildings in which the property owner is modifying the size of windows on the front
façade, shall not have less than forty percent(40%) glass surfaces. All first floor glass shall be
non-reflective. Display windows that are three-dimensional (3-D) 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 by the Planning Commission as part of the
conditional use site and design review procedure, if the Planning Commission finds:
(1).The requirement would negatively impact the historic character of the building,
(2).The requirement would negatively impact the structural stability of the building, or
(3).The ground level of the building is occupied by residential uses, in which case the 40%
glass requirement may be reduced to 25%.
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(B) Maximum Length. Architectural detailing shall emphasize the pedestrian level of the
building. 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').
iii. Parking Lots. Parking lots shall be appropriately screened and landscaped to minimize
their impact on the neighborhood. Lightproof fencing is required adjacent to residential
properties. Parking lot lighting shall be shielded to eliminate excessive glare or light into
adjacent neighborhoods. The poles for parking lot lighting are limited to 16 feet in height from
finished grade,
iv. Screening. Dumpsters and loading docks shall be appropriately screened or located
within the structure. 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,
and
v. Signs. Signage for residential uses shall meet sign standards for Section 21A.46.080B
Sign Regulations for Multifamily Residential Districts. Signage for nonresidential uses shall
emphasize a pedestrian scale and shall meet the sign standards of Section 21A.46.090.4 Sign
Type, Size and Height Standards for the CN District. Exceptions to this requirement may be
authorized by the Planning Commission as part of the conditional use site and design review
procedure, if the Planning Commission finds that maintaining the nonconforming sign does not
negatively impact the neighborhood character.
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c. Limitations on Development. Any conditional use authorized for the reoccupation or
enlargement of a structure with a more intensive use shall be limited to the following criteria:
i. No additional lot area may be added to the subject nonconforming property,
ii. No enlargement of a nonconforming principal structure shall involve the razing of more
than fifty percent (50%) of the existing building foot print, and
iii. Any nonconforming property with an existing mix of residential and nonresidential uses with
more than two (2) existing dwelling units shall provide for a mixed-use development with no
reduction in the number of dwelling units.
B. Exterior Or Interior Remodeling Or Improvements To Structure: Exterior or interior
remodeling or improvements to a structure containing a nonconforming use shall be allowed
provided the improvements do not increase the parking requirement.
C. Relocation Of Structure: A structure containing a nonconforming use may not be
moved unless the use shall thereafter conform to the regulations of the zoning district into which
the structure is moved.
D. Change Of Nonconforming Nonresidential Use To Another Nonconforming Use:
Upon application to the zoning administrator, a nonconforming use may be changed to another
nonconforming use of the same or similar land use type as defined in part VI, chapter 21A.62 of
this title. Whenever any nonconforming nonresidential use is changed to a less intensive
nonconforming nonresidential use, such use shall not be changed back to a more intensive
nonconforming nonresidential use. For purposes of this section, a more intensive nonresidential
use is determined when the existing hard surfaced parking available on site does not provide the
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required number of parking stalls. Whenever any nonconforming nonresidential use is changed to
a conforming use, such use shall not later be changed to a nonconforming use.
E. Destruction Of Structure With Nonconforming Use: No structure containing a legal
nonconforming use may be reconstructed for a nonconforming use, except in the manner
provided in subsections El and E2 of this section or unless required by law. Restoration of a
damage or destroyed structure with a nonconforming use shall be started within one (1)year and
diligently pursued to completion. Any delay in starting such restoration that is caused by
government actions and without contributing fault by the owner, may, upon, application to and
determination by the zoning administrator,be deducted in calculating the starting date of
restoration.
1. Destruction Of Structure To The Extent Of Fifty Percent: If a structure that contains
a legal nonconforming use is destroyed to the extent of fifty percent(50%)by fire or natural
calamity, or is voluntarily razed, the nonconforming use may be resumed, and the structure
restored. The determination of the extent of damage or destruction under this subsection, shall be
determined by the building official and based on the ratio of the estimated cost of restoring the
structure to its condition before the damage or destruction to the estimated cost of duplicating the
entire structure as it existed prior to the damage or destruction. The estimate shall be based on the
current issue of"Building Standards" published by the International Conference of Building
Officials.
2. Destruction Of Structure Greater Than Fifty Percent: If a structure that contains a
legal nonconforming use is destroyed, greater than fifty percent (50%), by fire or natural
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calamity, the nonconforming use may be resumed, and the structure may be restored to
accommodate the nonconforming use subject to subsections E2a and E2b of this section.
a. Nonconforming Residential Uses. The zoning administrator may authorize the
reconstruction and reestablishment of a legal nonconforming residential structure subject to
consideration of the following:
i. Compliance with all other current, local or state development standards, (e.g., Floodplain
Hazard Protection, Fault Line Hazards, Ground Water Source Protection, Airport Flight Path
Protection, Environmental Performance Standards, and Hazardous Waste Prohibition); and/or
ii. The reconstruction will not increase the number of units.
b. Nonconforming Nonresidential Uses. The Board of Adjustment may authorize as a
special exception the reconstruction and reestablishment of a legal nonconforming nonresidential
use structure subject to consideration of the following:
i. Reconstruction plans shall be reviewed to consider the feasibility of site redesign to better
meet underlying zoning district standards without a reduction in type or intensity of use of the
property;
ii. Compliance with all other current, local or state development standards, (e.g., Floodplain
Hazard Protection, Fault Line Hazards, Ground Water Source Protection, Airport Flight Path
Protection, Environmental Performance Standards, and Hazardous Waste Prohibition);
iii. The reconstruction and reuse of the structure would not change the character of the
neighborhood by using construction materials which did not exist previously on the building.
Other building materials should not be used, unless the materials are compatible with the
neighborhood; and/or
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iv. Consideration of the enforcement history of the property regarding any continual public
nuisance generated by the nonconforming use activity.
21A.38.090 Noncomplying Structures:
No noncomplying structure may be moved, enlarged or altered, except in the manner provided in
this section or unless required by law.
A. Repair, Maintenance,Alterations And Enlargement: Any noncomplying structure
may be repaired, maintained, altered or enlarged, except that no such repair, maintenance,
alteration or enlargement shall either create any new noncompliance or increase the degree of the
existing noncompliance of all or any part of such structure.
B. Moving: A noncomplying structure shall not be moved in whole or in part, for any
distance whatsoever, to any other location on the same or any other lot unless the entire structure
shall thereafter conform to the regulations of the zoning district in which it is located after being
moved.
C. Damage Or Partial Destruction Of Noncomplying Structure.
1. Restoration: If a noncomplying structure is damaged or destroyed by fire or natural calamity,
the structure may be restored, or, if a noncomplying structure is voluntarily razed to the extent of
seventy-five percent (75%), the structure may be restored if restoration is started within one(1)
year and diligently pursued to completion. Any delay in starting such restoration that is caused by
government actions and without contributing fault by the owner, may, upon application to and
determination by the zoning administrator,be deducted in calculating the starting date of
restoration.
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2. Destruction Of Noncomplying Structure With Nonconforming Use: No legal
nonconforming structure containing a nonconforming use may be reconstructed, except in the
manner provided in subsection C2a and C2b of this section or unless required by law.
Restoration of a damaged or destroyed noncomplying structure with a nonconforming use shall
be started within one (1)year and diligently pursued to completion. Any delay in starting such
restoration that is caused by government actions and without contributing fault by the owner,
may, upon application to and determination by the zoning administrator, be deducted in
calculating the starting date of restoration.
a. Destruction Of Structure To The Extent of Fifty Percent: If a noncomplying structure
that contains a nonconforming use is destroyed to the extent of fifty percent(50%)by fire or
natural calamity, or is voluntarily razed or destroyed by other means, the nonconforming use may
be resumed, and the structure restored. The determination of the extent of damage or destruction
under this subsection, shall be determined by the zoning administrator and based on the ratio of
the estimated cost of restoring the structure to its condition before the damage or destruction to
the estimated cost of duplicating the entire structure as it existed prior to the damage or
destruction. The estimate shall be based on the current issue of"Building Standards" published
by the International Conference of Building Officials (ICBO).
b. Destruction Of Structure Greater Than Fifty Percent: If a noncomplying structure
that contains a legal nonconforming use is destroyed, greater than fifty percent(50%),by fire or
natural calamity, the nonconforming use may be resumed, and the structure may be restored to
accommodate the nonconforming use subject to subsections C2bi and C2bii of this section.
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i. Nonconforming Residential Use: The zoning administrator may authorize the
reconstruction and reestablishment of a legal noncomplying residential structure with a
nonconforming residential use subject to consideration of the following:
(A). Compliance with all other current, local or state development standards, (e.g., Floodplain
Hazard Protection, Fault Line Hazards, Ground Water Source Protection, Airport Flight Path
Protection, Environmental Performance Standards, and Hazardous Waste Prohibition); and/or
(B). The reconstruction will not increase the number of units.
ii. Nonconforming Nonresidential Uses. The Board of Adjustment may authorize as a
special exception the reconstruction and reestablishment of a legal noncomplying structure with a
nonconforming nonresidential use subject to consideration of the following:
(A). Reconstruction plans shall be reviewed through the site plan review process to consider
the feasibility of site redesign to better meet underlying zoning district standards without a
reduction in type or intensity of use of the property;
(B). Compliance with all other current, local or state development standards, (e.g., Floodplain
Hazard Protection, Fault Line Hazards, Ground Water Source Protection, Airport Flight Path
Protection, Environmental Performance Standards, and Hazardous Waste Prohibition);
(C). The reconstruction and reuse of the structure would not change the character of the
neighborhood by using construction materials which did not exist previously on the building.
Other building materials should not be used, unless the materials are compatible with the
neighborhood; and/or
(D). Consideration of the enforcement history of the property regarding any continual public
nuisance generated by the nonconforming use activity.
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SECTION 2. EFFECTIVE DATE. This Ordinance shall become effective on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah this "7 day of Milk(6 ,
2006.
, 4_,J'
CHAIRPERSON
ATST:
CHIEF DEPU TY CORDER
Transmitted to Mayor on March 8, 2006 .
Mayor's Action: K Approved. Vetoed.
AYOR
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Bill No. 14 of 2006.
Published: March 21, 2006.
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