064 of 1992 - Regulation of Development in the "F-1" Foothill Overlay District and the "P-1" Foothill PreservationO 92-1
O 92-19
SALT LAKE CITY ORDINANCE
No. 64 OF 1992
(Regulation of Development in the "F-1" Foothill
Overlay District and the "P-1" Foothill Preservation
District pursuant to Petition #400-367-85)
AN ORDINANCE AMENDING AND ENACTING PORTIONS OF CHAPTER 21.18
OF THE SALT LAKE CITY CODE, DEALING IN DEVELOPMENT OF THE "F-1"
FOOTHILL DEVELOPMENT OVERLAY DISTRICT AND ENACTING SECTION
21.16.040 RELATING TO THE "P-1" FOOTHILL PRESERVATION DISTRICT
AMENDING SECTION 21.04.090 RELATING TO THE DEFINITION OF BUILDING
HEIGHT AND REPEALING SECTION 21.04.095 DEFINING BUILDING HEIGHT
IN THE F-1 FOOTHILL OVERLAY ZONE PURSUANT TO PETITION #400-367-
85.
WHEREAS, the City Council of Salt Lake City, Utah, has held
public hearings before its own body and before the Planning
Commission; and
WHEREAS, the City Council believes it appropriate to enact
additional regulations for development in the "F-1" Foothill
Overlay District and the "P-1" Foothill Preservation District;
and
WHEREAS, the Council intends to encourage development within
the "F-1" Foothill Overlay District and the "P-1" Foothill
Preservation District in a manner that is sensitive to the unique
characteristics of the foothill areas including insuring a
harmonious relationship among the colors, materials and other
aspects of man-made structures and the natural foothills along
with limiting the grading of slopes and disturbance of natural
vegetation; and
Whereas, the City Council recognizes the importance of the
visual appearance of the foothills to Salt Lake City residents
and to visitors and desires to further protect this community
asset.
NOW, THEREFORE, it is hereby ordained by the City Council of
Salt Lake City, Utah:
SECTION 1. That Section 21.18.030 of the Salt Lake City
Code, relating to building height and exceptions in the Foothill
"F-1" Overlay District, be, and the same hereby is, amended to
read as follows:
21.18.030 Building height --Exceptions.
A. No building or structure, except chimneys, standard
television antennas, church steeples and flag poles, shall exceed
28 feet in height measured directly vertically above the
established ground as that term is defined in section 21.04.215.
B. The front and rear vertical exterior building walls
shall not exceed twenty five feet (25') from the established
ground, except for roof gable ends constructed into one front
yard on a corner lot as permitted in subsection C.1. below which
may be 28 feet above the established ground.
C. The interior design of any building may include liveable
space on more than two floors. The exterior of the building
shall not appear to have more than two liveable stories on any
single building step as provided in Section 21.18.030 D below.
Dormers, mansards or other similar design features indicating a
third living level are prohibited except for the following:
1. Windows in roof gable ends which face onto a side
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yard or, in the case of corner lots, only one of the front yards;
and
2. Dormers and gables on the uphill vertical walls of
the building if that uphill wall appears, from uphill, to consist
of only one other above grade level and the dormer or gable is
not constructed within four feet (4') of the sidewall of the
building.
3. Basements as defined in 21.04.070.
D. Buildings may be stepped to accommodate the slope of the
terrain provided that each step for purposes of subsection C
above shall be at least twelve feet (12') in horizontal
dimension.
E. Without being construed as altering the established
ground or any heights measured therefrom, up to four feet (4') of
fill may be used in order to bring the exposed portion of the
lower level of an exterior wall of a building within the
definition of a basement when the majority of the lower level
already complies with the definition of a basement.
F.. The Board of Adjustment, as a special exception to
subsection A of this section, may approve a permit to exceed the
maximum building height. To grant a permit, the Board must find
the proposed plan:
1. Is a design better suited to the site than can be
achieved by strict compliance; and
2. Satisfies the following criteria:
a. The topography of the lot presents
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difficulties for construction when the foothill height
limitations are applied;
b. The structure has been designed for the
topographic conditions existing on the particular lot; and
c. The impact of additional height on neighboring
properties has been identified and reasonably mitigated.
3. In making these considerations the Board can
consider the size of the lot upon which the structure is
proposed.
4. The burden of proof is upon the applicant to submit
sufficient data to persuade the board that the criteria have been
satisfied.
G. The Board shall be entitled to deny an application for a
permit for a special exception under any of the following
circumstances:
1. If the architectural plans submitted are designed
for structures on level, or nearly level ground, and the design
is transposed to hillside lots requiring support foundations such
that the structure exceeds the limits of this overlay zone;
2. If the additional height can be reduced by
modifying:
a. The design of the structure such as by
stepping or terracing, or
b. The placement of the structure on the lot;
3. If the additional height will impair the views from
adjacent lots, and the impairment can be avoided by modification;
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4. If the proposal is not in keeping with the
character of the neighborhood.
H. The F-1 foothill development overlay zone shall be an
overlay zone to the district classifications in Section 21.14.010
of this title, or its successor, and is created in order to
accomplish the above purposes. In cases of conflict between such
district classifications and this overlay zone, the more
restrictive provision shall apply.
21.18.040
21.18.050
* * *
* * *
SECTION 2. That Sections 21.18.060 through .200 are hereby
enacted to read as follows:
21.18.060 Exterior building colors.
The exterior of any structure shall blend with the natural
materials and predominant colors and hues of the surrounding
foothills. Colors permitted include grays, browns, greens, tans
and other earth tones. White or bright colors shall be limited
to window casings, doors, eaves and other trim areas.
21.18.070 Exterior building glass.
Windows and other glass surfaces shall have a outdoor
visible Light Reflective Value no more than 18% as defined and
measured by A.S.T.M. E308-90 or its successor.
21.18.080 Roof materials and colors.
Roof colors shall be earth tones. White, bright and
reflective materials are prohibited from roofs. Tile, slate,
architectural asphalt shingles and fire retardant wood are
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permitted as roofing materials.
21.18.090 Mechanical equipment.
Mechanical equipment including, without limitation, swamp
cooler, air conditioning, heat pumps, vents, blowers and fans
shall be screened from view or painted to match the structure
color adjacent to the equipment and shall not extend above the
highest roof ridge line. Roof mounted solar collection panels
need not be screened or painted so long as they are mounted
parallel to and flush with the roof slope and do not project
above the ridge line of the roof segment upon which they are
mounted. Except as provided in the foregoing sentence solar
collection panels shall not be mounted upon any roof.
21.18.100 Satellite antennas.
Satellite antennas, including, but not limited to, receive -
only antennae, shall only be constructed within the rear yard of
the lot and not on any building. Satellite antennae shall be
painted non -reflective black or other dark earth tone colors.
Satellite dishes shall be limited to thirteen feet (13') in
overall height including the base upon the established ground and
shall be no more than twelve feet (12') in diameter.
21.18.110 Exterior lighting.
Flood lighting of structures is prohibited. Exterior
lighting shall be architecturally integrated decorative lighting.
Yard areas may be lit only with "directional" lighting and no
direct light beam may impact any other property except for
security lights intended to be activated only at limited times as
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necessary for immediate security.
21.18.120 Undevelopable areas.
Within the F-1 Overlay District, "undevelopable areas" are
defined to mean steep or unstable slopes as determined by this
Code identified on the Subdivision Plat or other areas dedicated
on the Plat to the City or declared on the plat or pursuant to
City Code to be undevelopable.
21.18.130 Grade Changes.
No grading shall be permitted prior to the issuance of a
building permit. The established ground of any lot shall not be
raised or lowered more than four feet (4') at any point for the
construction of any structure or improvement except:
A. Within the buildable area established ground may be
raised or lowered a maximum of six feet (6') by grading or
retaining walls; and
B. As necessary to construct driveway access from the
street to the garage or parking area grade changes and/or
retaining walls up to six feet (6') from the established ground
may be permitted.
21.18.140 Grading.
Grading and other surface disturbing activities are
prohibited in all undevelopable areas within the lot or the
subdivision. Prior to any grading or other surface disturbing
activity on the property, the undevelopable areas shall be
clearly delineated by temporary fencing or flagging. Any
flagging stakes used to delineate undevelopable areas shall be a
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minimum of four feet above grade and no more than eight feet (8')
apart.
21.18.150 Retaining walls.
All cuts and fills shall be supported where required by
engineered retaining walls. No retaining wall may exceed four
feet (4') in height from the finished grade except as provided in
Section 21.18.130. A. and B. above. In a terrace of retaining
walls each four foot (4') vertical retaining wall must be
separated by a minimum of three horizontal feet (3') and any six
foot (6') retaining wall must be separated from any other
retaining wall by a minimum of five horizontal feet (5'). The
horizontal area between terraced retaining walls shall be
landscaped with vegetation that will mature at a height equal to
or greater than the height of the retaining wall immediately
behind the vegetation.
21.18.160 Fences and walls.
No fence or wall shall be constructed or installed without a
building permit. Fences and walls may not be constructed in
undevelopable areas except as may be required by the City on the
subdivision plat. All fences or walls shall be of earth -tone
colors similar to the primary and accessory structures on the
property. Walls and fences in front yards and along roadways
shall not exceed a maximum of forty two inches (42") in height.
21.18.170 Utilities.
To the maximum extent practical, all utilities shall be
placed within existing road right-of-ways and front yard set
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backs. All water, sewer, electrical, telephone, cable television
and other utilities shall be placed underground except that
transformers, pedestals and other appurtenances which are
normally located above ground in connection with the underground
installations are permitted. All areas disturbed by the
installation of underground utilities shall re -vegetated to a
natural state. Temporary or emergency utilities may be erected
and maintained above ground for no more than four months.
21.18.180 Landscaping and re -vegetation.
Installation of all required landscaping shall begin no
later that one month after the date that the main structure on
the property is ready for occupancy; except that if the occupancy
date is between October 15 and the following April 1st,
installation of the landscaping shall begin no later than April
30. Landscaping shall be substantially completed within nine
months after the date the primary structure is ready for
occupancy.
A. Front yards and side yards. Front yards and side yards
shall be completely landscaped except for driveways, walkways and
on -grade patios.
B. Disturbed areas. All other areas disturbed during
construction shall be either landscaped or re -vegetated to a
natural state.
C. Undevelopable areas. Lawns or gardens are prohibited in
the undevelopable areas. Native plant species in undevelopable
areas may be enhanced by irrigation and supplemental planting as
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approved by the Zoning Administrator if the Zoning Administrator
finds. that such supplemental planting is in keeping with the
natural conditions.
21.18.190 Applicability to existing un-built property.
The provisions of Sections 21.18.030 and 21.18.060 through
.180, amended or enacted by Bill No. 64 of 1992 are
applicable to all properties within the F-1 zone, whether or not
subdivided as of the effective date of the ordinance, for which a
building permit for a dwelling on the property has not been
applied for as of the effective date of this ordinance. For
building permits applied for within the zone within 6 months of
the effective date of Bill No. 64
of 1992, Sept 4 , 1992, the
applicant may choose to build under the complete provisions of
the unamended Code or the complete provisions of the amended
Code. If the applicant chooses to develop under the unamended
provisions, construction of the structure must begin within the
terms of the original building permit. No permit issued after
the effective date of Bill No. 64 of 1992 to allow
construction under the unamended provisions shall be extended.
21.18.200 Applicability to existing buildings and structures.
The provisions of Section 21.18.030 and 21.18.060 through
.180 as amended or enacted by Bill No. 64 of 1992 shall apply
to existing buildings or structures within the F-1 zone as
follows:
A. Colors and building materials may be maintained and/or
repaired with materials and colors similar to those existing
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before the enactment of Bill No.
64 of 1992 or may be modified
only to bring such materials or colors into closer compliance
with the provisions of Sections .060 through .180 above.
B. Subsequent additions to buildings or structures which
were constructed prior to the effective date of Bill No. 64 of
1992 must conform to the provisions of this Chapter in effect at
the time a permit for the addition is applied for, except that
colors and materials used may match the original building or
structure.
C. For building permits applied for within the zone within
six (6) months of the effective date of Bill No. 64 of 1992,
September 4,
, 1992, the Applicant may choose to build any
such additions or modifications under the complete provisions of
the unamended code or the complete provisions of the amended
code. If the Applicant chooses to develop under the unamended
provisions, construction of the addition or modification must
begin within the terms of the original building permit. No
permit issued after the effective date of Bill No. 64 of 1992
to allow construction of additions or modifications under the
unamended provisions shall be extended.
SECTION 3. That Section 21.16.040, be, and the same hereby
is, enacted to read as follows:
21.16.040 Adoption of F-1 standards.
Development within the P-1 District shall also comply with
the standards specified in Sections 21.18.030 and 21.18.060-.200.
SECTION 4. That Section 21.04.090 be, and the same hereby
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is, amended to read as follows and that Section 21.04.095 be, and
the same hereby is, repealed:
21.04.090 Building, height of.
"Height of building" means the vertical distance, measured
from the average elevation of the finished lot grade at each face
of the building, to the highest point of the coping of a flat
roof or to the deck line of a mansard roof or to the average
height of the highest gable of a pitch or hip roof except in the
F-1 Foothill Overlay zone where the height provisions are
specified in Section 21.18.030.
SECTION 5. This ordinance shall take effect the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this
IZth day of August , 19 92 .
ATTEST:
r
CITY RECORDER
Transmitted to the Mayor on
C)
Chairperson
Mayor's Action:
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Chief Depu
ATTEST:
TY RECORDER
BRB:ap
8/20/92
Published September 4, 1992
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