020 of 2011 - Sustainable urban living; (Title 21A Amendments) Petition No. PLNPCM2009-01338 O 11-1
0 11 -5
SALT LAKE CITY ORDINANCE
No. 20 of 2011
(An ordinance amending portions of Title 21A of the Salt Lake City Code
concerning certain accessory structures intended to promote sustainable urban living)
An ordinance amending sections 21A.24 (Zoning: Residential Districts), 21A.34 (Zoning:
Overlay Districts), 21A.40 (Zoning: Accessory Uses,Buildings and Structures), and 21A.62
(Zoning: Definitions) of the Salt Lake City Code pursuant to Petition No. PLNPCM2009-01338
to recognize and allow certain accessory structures intended to promote sustainable urban living,
namely accessory structures associated with urban agriculture uses and equipment relating to
small renewable energy systems including solar and wind.
WHEREAS, the Salt Lake City Planning Commission("Planing Commission") held
public hearings on July 14, 2010 and October 27, 2010 to consider a request made by Salt Lake
City Mayor, Ralph Becker(petition no. PLNPCM2009-01338), to amend certain sections of
Title 21A of the Salt Lake City Code to recognize and allow accessory structures associated with
urban agriculture uses and equipment relating to small renewable energy systems including solar
and wind; and •
WHEREAS, the Salt Lake City Historic Landmark Commission ("HLC") held public
hearings on September 1, 2010 and October 6,2010 to discuss application of the proposed
ordinance amendments to the City's Historic Preservation Overlay District; and
WHEREAS, at its October 27, 2010 meeting, the Planning Commission considered
recommendations of the HLC and voted in favor of transmitting a positive recommendation to
the Salt Lake City Council ("City Council") on said application; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the City's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending text of Salt Lake City Code section 21A.62.040. That section
21A.62.040 of the Salt Lalce City Code (Zoning: Definitions), shall be, and hereby is, amended,
in pertinent part, such that each of the following definitions shall be added and inserted
alphabetically into that section:
COLD FRAME: "Cold frame"means an unheated outdoor accessory structure typically
consisting of, but not limited to, a wooden or concrete frame and a top of glass or clear plastic,
used for protecting seedlings and plants from the cold.
GREENHOUSE: "Greenhouse"means a temporary or permanent accessory structure typically
made of,but not limited to, glass,plastic, or fiberglass in which plants are cultivated.
HOOP HOUSE: "Hoop house"means a temporary or permanent accessory structure typically
made of,but not limited to, piping or other material covered with translucent plastic, constructed
in a"half-round" or"hoop" shape, for the purposes of growing plants. A hoop house is
considered more temporary than a greenhouse.
SMALL SOLAR ENERGY COLLECTION SYSTEM: "Small solar energy collection system"
shall mean an accessory structure that is roof-mounted,wall-mounted, or ground mounted panel,
the primary purpose of which is to provide for the collection, inversion, storage, and distribution
of solar energy for electricity generation, space heating, space cooling, or water heating of
buildings located on the same property.
SMALL WIND ENERGY SYSTEM: "Small wind energy system" means an accessory structure
defined as a wind energy conversion system consisting of a wind turbine, a tower, and associated
control or conversion electronics that has a rated capacity of not more than 100 kilowatts (kW)
and that is intended to generate electricity primarily for buildings and/or uses on the same
property, thereby reducing on-site consumption of utility power.
URBAN AGRICULTURE: "Urban agriculture"is a general term meaning the growing of plants,
including food products, and the raising of animals in and around cities. Urban farms and
community gardens with their accessory buildings, farm stands, farmers markets, and garden
stands are components of urban agriculture.
SECTION 2. Amending text of Salt Lake City Code section 21A.40.030. That section
21A.40.030 of the Salt Lake City Code(Zoning: Accessory Uses, Buildings and Structures:
Zoning Compliance Required), shall be, and hereby is, amended to read as follows:
21A.40.030: ZONING COMPLIANCE REQUIRED:
No accessory use, building or structure shall be established or constructed unless it
complies with the zoning ordinance and proper building permits, if required, have been
obtained. Accessory buildings associated with keeping animals, bees, livestock and
poultry are not subject to this chapter or the building coverage limits of the respective
zoning district but are subject to the provisions of the City Code Chapter 8 Animals.
SECTION 3. Amending text of Salt Lake City Code section 21A.24.010.P.3.d. That
section 21A.24.010.P.3.d of the Salt Lake City Code (Zoning: Residential Districts: General
Provisions: Special Foothills Regulations), shall be, and hereby is, amended to read as follows:
21A.24.010.P.3.d Special Foothills Regulations—Design Regulations
Mechanical Equipment: Mechanical equipment including, without limitation,
swamp coolers, air conditioning equipment, heat pumps, vents, blowers and
fans shall be screened from view or painted to match the building color
adjacent to the equipment. Roof mounted mechanical equipment, excluding
solar panels which are subject to section 21A.040.180, shall not extend above
the highest roof ridgeline.
SECTION 4. Amending text of Salt Lake City Code section 21A.34.020.F.1.a. That
section 21A.34.020.F.1.a of the Salt Lake City Code (Zoning: Historic Preservation Overlay
District: Procedure for Issuance of Certificate of Appropriateness), shall be, and hereby is,
amended add the following paragraph:
(6) Installation of solar energy collection systems that are not readily visible from a
public right-of-way, as described in and pursuant to Section 21A.40.180.2 of this title.
SECTION 5. Amending text of Salt Lake City Code section 21A.34.020.F.2.a. That
section 21A.34.020.F.2.a of the Salt Lance City Code(Zoning: Historic Preservation Overlay
District: Procedure for Issuance of Certificate of Appropriateness), shall be, and hereby is,
amended add the following paragraph:
(7) Installation of solar energy collection systems that may be readily visible from a
public right-of-way, as described in and pursuant to Section 21A.40.180.2 of this title.
SECTION 6. Amending text of Salt Lake City Code section 21A.40.050. That section
21A.40.050 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures:
General Yard, Bulk and Height Limitations), shall be, and hereby is, amended to read as follows:
2IA.40.050: GENERAL YARD, BULK AND HEIGHT LIMITATIONS:
All accessory buildings permitted by this chapter shall be subject to the following general
requirements:
A. Location Of Accessory Buildings In Required Yards:
1. Front Yards: Accessory buildings are prohibited in any required front yard and shall
be setback 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 twenty feet (20') to a public sidewalk or public pedestrian way
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 (1') 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 pennitted to remain, subject to maintaining a four foot (4')
separation from the side of the accessory building to the side of the residential
building, as required in subsection A3b 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 (1') 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 four feet (4') to any
portion of the principal building; excluding cold frames associated solely with
growing food and/or plants.
c. Garages on two (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 subj ect to
compliance with adopted building code regulations and the size limits for
accessory buildings on each property as indicated herein.
d. In the R-1 districts, R-2 district and SR districts accessory structures shall be
located a maximum of five feet (5') from the rear property line subject to the
following exceptions:
(1) The building or structure is a hoop house, greenhouse, or cold frame
associated solely with growing food and/or plants.
(2) The maximum setback from the rear property line may be increased to meet
the transportation division minimum required turning radius and other
maneuvering standards.
(3) The planning director or designee may authorize the issuance of building
permits for an accessory structure with a maximum setback of more than five
feet (5') from the rear property line if the property owner demonstrates that
fifty percent (50%) or more of the properties on the block face have accessory
structures located more than five feet (5') from the rear property line. In this
case, the accessory structure may be set back from the rear property line a
distance equal to the average setback of the other accessory structures on the
block face. An appeal of this administrative decision shall be heard by an
administrative hearing officer subject to the provision of chapter 21A.52 of
this title.
(4) The board of adjustment may approve an alternate location for an accessory
structure as a special exception based on hardships created by topography or
the location of mature vegetation.
5. Accessory Or Principal Lot: No portion of an accessory building on either an
accessory or principal lot may be built closer than ten feet (10') 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.
B. Maximum Coverage:
1. Yard Coverage:
a. In residential districts, any portion of an accessory building, excluding hoop
houses, greenhouses, and cold frames associated solely with growing food and/or
plants, shall occupy not more than fifty percent (50%) of the total area located
between the rear facade of the principal building and the rear lot line.
b. The combined coverage for all hoop houses, greenhouses, and cold frames shall
not exceed ten percent (10%) when located on vacant lots or, when located on a
lot with a principal building, shall not exceed fifteen percent (15%) of the_total
area located between the rear facade of the principal building and the rear lot line
plus the side yard area between the front and rear facades of the principal
building.
2. Building Coverage:
a. In the FR, R-1, R-2 and SR residential districts the maximum building coverage of
all accessory buildings, excluding hoop houses, greenhouses, and cold frames
associated solely with growing food and/or plants, shall not exceed fifty percent
(50%) of the building footprint of the principal structure up to a maximum of seven
hundred twenty (720) square feet for a single-family dwelling and one thousand
(1,000) square feet for a two-family dwelling. The maximum footprint for a
primary accessory structure within the SR-lA is limited to four hundred eighty
(480) square feet with an additional one hundred twenty (120) square feet allowed
for a secondary accessory structure. Notwithstanding the size of the footprint of the
principal building, at least four hundred eighty (480) square feet of accessory
building coverage shall be allowed subject to the compliance with subsection B1 of
this section.
b. The combined coverage for all hoop houses, greenhouses, and cold frames shall not
exceed thirty-five percent(35%) of the building footprint of the principal structure.
C. Maximum Height Of Accessory Buildings/Structures:
1. Accessory To Residential Uses In The FP District, RMF Districts, RB, R-MU
Districts, And The RO District: The height of accessory buildings/structures in
residential districts shall conform to the following:
a. The height of accessory buildings with flat roofs shall not exceed twelve feet
(12');
b. The height of accessory buildings with pitched roofs shall not exceed
seventeen feet(17') measured to the midpoint of the roof; and
c. Accessory buildings with greater building height may be approved as a special
exception, pursuant to chapter 21A.52 of this title.
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
district, R-2 district and SR districts shall conform to the following:
a. The height of accessory buildings with flat roofs shall not exceed twelve feet
(12'); nine feet (9') in the SR-1A;
b. The height of accessory buildings with pitched roofs shall not exceed
seventeen feet (17') measured as the vertical distance between the top of the
roof and the finished grade at any given point of building coverage. In the
SR-lA the height of accessory buildings with pitched roofs shall not exceed
fourteen feet (14'); and
c. Accessory buildings with greater building height may be approved as a special
exception, pursuant to chapter 21A.52 of this title, if the proposed accessory
building is in keeping with other accessory buildings on the block face.
SECTION 7. Amending text of Salt Lake City Code section 21A.40 to adopt section
21A.40.170. That the Salt Lake City Code shall be, and hereby is, amended to adopt section
21A.40.170 (Zoning: Accessory Uses, Buildings and Structures: Small Wind Energy Systems),
which shall read as follows:
21A.40.170: SMALL WIND ENERGY SYSTEMS:
1. Standards.
All small wind energy systems shall comply with the following requirements. If there is
any conflict between the provisions of this section and any other requirements of the
zoning, site development, and subdivision ordinances, the zoning administrator shall
determine which requirements apply to the project in order to achieve the highest level of
neighborhood compatibility.
a. Setback.
The base of the tower shall be set back from all property lines, public rights-
of-way, and public utility lines a distance equal to the total extended height
plus five feet. If the small wind energy system is on a roof, the total extended
height is equal to the roof height and tower height. A tower may be allowed
closer to a property line than its total extended height if the abutting property
owner(s) grants written permission and the installation poses no interference
with public utility lines or public road and rail rights-of-way. Guy wires and
other support devices shall be setback at least five (5) feet from all property
lines.
b. Tower Height.
Where the total extended height meets the sound and setback requirements of
this section (See 1 a above.), there shall be no specific height limitation, except
as imposed by Federal Aviation Administration (FAA) regulations per
subsection(j),below.
c. Sound.
Sound produced by the turbine under normal operating conditions, as
measured at the property line of any adjacent property improved with a
dwelling unit at the time of the issuance of the zoning certificate, shall not
exceed 55 dBA for any period of time. The 55 dBA sound level may be
exceeded during short-term events out of the owner's control such as utility
outages and/or severe wind storms.
d. Appearance, Color, and Finish.
Colors permitted include grays, browns, greens, tans and other earth tones.
Bright, luminescent, or neon colors are prohibited.
e. Clearance.
The blade tip or vane of any small wind energy system shall have a minimum
ground clearance of 15 feet as measured at the lowest point of the arc of the
blades. Blades on small wind energy systems in residential districts shall not
exceed twenty (20) percent of tower height. All portions of the system shall
maintain a clearance from power utility lines as required by the Utah High
Voltage Line Safety Act.
f. Signage Prohibited.
All signs on a wind generator, tower, building, or other structure associated
with a small wind energy system visible from any public road, other than the
manufacturer's or installer's identification, appropriate warning signs, or
owner identification, shall be prohibited.
g. Lighting.
No illumination of the turbine or tower shall be allowed unless required by the
Federal Aviation Administration (FAA).
h. Access.
No foot pegs, rungs, or other climbing aids shall be allowed below 12 feet on
a freestanding tower. For lattice or guyed towers, sheets of metal or wood or
similar barriers shall be fastened to the bottom tower section such that it
cannot readily be climbed.
i. Requirement for Engineered Drawings.
Building permit applications for small wind energy systems shall be
accompanied by standard drawings of the wind turbine structure and stamped
engineered drawings (by an engineer licensed by the State of Utah) of the
tower, base, footings, and/or foundation as provided by the manufacturer.
j. Compliance with FAA Regulations.
No small wind energy system shall be constructed, altered, or maintained so
as to project above any of the imaginary airspace surfaces described in FAR
Part 77 of the FAA guidance on airspace protection or other current FAA
regulations governing airspace protection.
k. Compliance with Building and Electrical Codes.
Small wind energy systems and all associated components shall comply with
all applicable building and electrical codes adopted by Salt Lake City and the
State of Utah.
1. Utility Notification.
No small wind energy system shall be installed until evidence has been
submitted to the city that the relevant electric utility company has been
informed of the customer's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
m. Abandonment.
If a wind turbine is inoperable for six consecutive months the owner shall be
notified by Salt Lake City that they must, within six months of receiving the
notice, restore their system to operating condition or remove the wind turbine
from the tower. If the owner(s) fails to restore their system to operating
condition within the six-month time frame, then the owner shall be required,
at his expense, to remove the wind turbine from the tower for safety reasons.
n. Off-Street Parking Or Loading Requirements.
A small wind energy system shall not remove or encroach upon required
parking or loading areas for other uses on the site or access to such parking or
loading areas.
o. Exceptions.
Small wind energy systems are prohibited in the Open Space OS and Natural
Open Space NOS zoning districts.
SECTION 8. Amending text of Salt Lake City Code section 21A.40 to adopt section
21A.40.180. That the Salt Lake City Code shall be, and hereby is, amended to adopt section
21A.40.170 (Zoning: Accessory Uses, Buildings and Structures: Small Solar Energy Collection
Systems), which shall read as follows:
21A.40.180: SMALL SOLAR ENERGY COLLECTION SYSTEMS:
1. Standards
All small solar energy collection systems shall comply with the following
requirements except as provided in Section 2 relating to small solar energy collection
systems in the Historic Preservation Overlay Districts. Per chapter 21A.34.020 the
historic landmark commission or staff have authority to modify the setbacks, location
and height to ensure compliance with the overlay district regulations. Excluding
Section 2, if there is any conflict between the provisions of Section 1 Standards, and
any other requirements of the zoning, site development, and subdivision ordinances,
the zoning administrator shall determine which requirements apply to the project in
order to achieve the highest level of neighborhood compatibility.
a. Setbacks, Location, and Height
(1) A small solar energy collection system shall be located a minimum of six
feet from all property lines and other structures, except the structure on
which it is mounted.
(2) A small solar energy collection system may be located on an accessory
structure, including legal accessory structures located less than six feet
from a property line.
(3) A small solar energy collection system shall not exceed by more than three
feet the maximum building height (based on the type of building —
principal or accessory - the system is located on) permitted in the zoning
district in which it is located or shall not extend more than 12 feet above
the roofline of the structure upon which it is mounted, whichever is less.
(4)A development proposed to have a small solar energy collection system
located on the roof or attached to a structure, or an application to establish
a system on an existing structure, shall provide a structural certification as
part of the building permit application.
b. Coverage
A small solar energy collection system mounted to the roof of a building shall
not exceed ninety percent (90%) of the total roof area of the building upon
which it is installed. A system constructed as a separate accessory structure
on the ground shall count toward the total building and yard coverage limits
for the lot on which it is located.
c. Code Compliance
Small solar energy collection systems shall comply with all applicable
building and electrical codes contained in the International Building Code
adopted by Salt Lake City.
d. Solar Easements
A property owner who has installed or intends to install a small solar energy
collection system shall be responsible for negotiating with other property
owners in the vicinity for any desired solar easement to protect solar access
for the system and shall record the easement with the Salt Lake County
Recorder.
e. Off-Street Parking And Loading Requirements
Small solar energy collection systems shall not remove or encroach upon
required parking or loading areas for other uses on the site or access to such
parking or loading areas.
2. Small Solar Collection Systems And Historic Preservation Overlay Districts or
Landmark Sites
a. General
In addition to meeting the standards set forth in this ordinance, Section
21A.040.180, all applications to install a small solar collection system within
the Historic Preservation Overlay District shall obtain a Certificate of
Appropriateness prior to installation. Small solar collection systems shall be
allowed in accordance with the location priorities detailed in subsection
21A.40.180.2.c that follows. If there is any conflict between the provisions of
this subsection ,21A.40.180.2, and any other requirements of Section
21A.40.180, Small Solar Energy Collection System, the provisions of this
subsection shall take precedence.
b. Installation Standards
The small solar energy collection system shall be installed in a location and
mailer on the building or lot that is least visible and obtrusive and in such a
way that causes the least impact to the historic integrity and character of the
historic building, structure, site or district while maintaining efficient
operation of the solar device. The system must be installed in such a manner
that it can be removed and not damage the historic building, structure, or site
it is associated with.
c. Small Solar Collection System Location Priorities
In approving appropriate locations and manner of installation, consideration
shall include the following locations in the priority order they are set forth
below. The method of installation approved shall be the least visible from a
public right-of-way, not including alleys, and most compatible with the
character-defining features of the historic building, structure, or site. Systems
proposed for locations 1 —4, which are not readily visible from a public right-
of-way may be reviewed administratively as set forth in Chapter
21A.34.020.F.1 Administrative Decision. Systems proposed for locations 5 —
6, which may be visible from a public right-of-way shall be reviewed by the
Historic Landmark Commission in accordance with the procedures set forth in
Chapter 21A.34.020.F.2 Historic Landmark Commission.
(1)Rear yard in a location not readily visible from a public right-of-way.
(2) On accessory buildings or structures in a location not readily visible from a
public right-of-way.
(3) In a side yard in a location not readily visible from a public right-of-way.
(4) On the principal building in a location not readily visible from a public
right-of-way.
(5) On the principal building in a location that may be visible from a public
right-of-way, but not on the structure's front facade.
(6) On the front facade of the principal building in a location most compatible
with the character-defining features of the structure.
SECTION 9. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah,this 26th day of April ,
2011.
did2
(56),-LA_________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
Y CORDER
Transmitted to Mayor on May 11, 2011 .
Mayor's Action: y Approved. Vetoed.
•
/ w,-
MAYOR
I Al «yyc;i.�t.���t,
eA A -` 144
CITY RECORDER .'/ rA '
(SEAL) °t, `t'4(t'Y40)'1e j
it )
tiFfc+° I. APPROVED AS TO FORM
,� h. 1 Salt Lake City Attorney's Office
irY`it3jZ./.�"
Bill No. 20 of 2011. `' ,,,,,,,,.,�.�• Date: 5/61(
Published: May 17, 2011 • By: g'i V-//7
1-1B_ATTY-#15511-v10-Ordinance-_5ustainability_accessory_structures.DOC