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064 of 2015 - Amending various sections pertaining to breweries, small breweries and brewpubs. 0 15-1 P 15-21 SALT LAKE CITY ORDINANCE No. 64 of 2015 (An ordinance amending various sections of the Salt Lake City Code pertaining to breweries,small breweries and brewpubs) An ordinance amending various sections of the Salt Lake City Code pursuant to Petition No. PLNPCM2015-00151 to modify regulations pertaining to regulation of breweries,small breweries and brewpubs. WHEREAS,the Salt Lake City Planning Commission held a public hearing on July 29, 2015 to consider a petition submitted by Mayor Ralph Becker("Applicant")(Petition No. PLNPCM2015-00151)to amend Sections 21A.27.050.N(Zoning:Form Based Districts:FB- UN1 and FB-UN2 Form Based Urban Neighborhood District:Permitted Land Uses); 21A.33.030(Zoning:Land Use Tables:Table of Permitted and Conditional Uses for Commercial Districts);21A.33.040(Zoning:Land Use Tables:Table of Permitted and Conditional Uses for Manufacturing Districts);21A.33.050(Zoning:Land Use Tables:Table of Permitted and Conditional Uses for Downtown Districts);21A.33.060(Zoning:Land Use Tables:Table of Permitted and Conditional Uses in the Gateway District);21A.33.070(Zoning:Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts);21A.36.300(Zoning: General Provisions:Alcohol Related Establishments);21A.38.040.B(Zoning:Nonconforming Uses and Noncomplying Structures:Nonconforming Uses:Nonconformity of Taverns,Social Clubs,Dining Clubs,Brewpubs or Microbreweries);21A.60.020(Zoning:List of Terms:List of Defined Terms);and 21A.62.040(Zoning:Definitions:Definitions of Terms)of the Salt Lake City Code to modify regulations pertaining to breweries,small breweries and brewpubs;and WHEREAS,at its July 29,2015 hearing,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: SECTION 1. Amending the text of Salt Lake City Code Section 21A.27.050.N. That Section 21A.27.050.N of the Salt Lake City Code(Zoning:Form Based Districts:FB-UN I and FB-UN2 Form Based Urban Neighborhood District:Permitted Land Uses),shall be,and hereby is,amended to read as follows: N. Permitted Land Uses: 1. Applicability:The table of permitted uses applies to all properties in the FB-UN zoning district: a. Permitted Uses:A use that contains a P in the specific subdistrict is permitted in that subdistrict.A use that is left blank in the specific subdistrict is not permitted. b. Uses Not Listed:Uses not listed are prohibited unless the zoning administrator has made an administrative interpretation that a proposed use is more similar to a listed permitted use than any other defined use. c. Other Uses:A use specifically listed in any other land use table in this title that is not listed in this section is prohibited. d. Building Form:Uses that are included in the description of each building form are permitted in the subdistrict where the building form is permitted. TABLE 21A.27.050.N PERMITTED USES Use FB-UNI FB-UN2 Accessory use,except those that are specifically regulated in this chapter,or P P elsewhere in this title Alcohol: Brewpub P Liquor store J P 2 Social club P Tavern,2,500 square feet or less in floor area P Animal,veterinary office P Antenna,communication tower P Art gallery P Bed and breakfast P P Bed and breakfast inn P P Bed and breakfast manor P P Clinic(medical,dental) P Community garden P P Community recreation center P Daycare center,adult P Daycare center,child P Dwelling: Assisted living facility(large) P Assisted living facility(small) P P Group home(large) P Group home(small)when located above or below first story office,retail, P or commercial use,or on the first story where the unit is not located adjacent to street frontage Multi-family P Residential substance abuse treatment home(large) P Residential substance abuse treatment home(small) P Rooming(boarding)house P Single-family attached P P Single-family detached P P (If part of cottage development) Single room occupancy P Transitional victim home(large) P Transitional victim home(small) P 3 Two-family Eleemosynary facility P Farmers' market P Financial institution P Food processing P Funeral home P Health and fitness facility P Hotel/motel P House museum in landmark site P P Laboratory (medical, dental, optical) P Library P Mixed use developments including residential and other uses allowed in the P zoning district Museum P Nursing care facility P Office P Office and/or reception center in landmark site P Open space P P Park P P Parking, off site P' P' Place of worship P Plazas P P Recreation (indoor) P Research and development facility P Research facility(medical/dental) P Restaurant P Retail goods establishment P Retail goods establishment, plant and garden shop with outdoor retail sales P area Retail service establishment P Sales and display (outdoor) P 4 School: College or university P Music conservatory P Professional and vocational P Seminary and religious institute P Seasonal farm stand P Small Brewery P Solar array P Store,specialty P Studio,art P Theater,movie P Urban farm P P Utility,building or structure P P Utility,transmission wire,line,pipe,or pole P P Vending cart,private property P Wireless telecommunications facility(see Section 21A.40.090,Table P 21A.40.090.E of this title) Note: I. Parking,off site is only permitted on parcels that contain a principal building and shall comply with the parking requirements identified in the building form standards section of this chapter.No principal building shall be demolished to accommodate off site parking. SECTION 2. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 21A.33.030 of the Salt Lake City Code(Zoning:Land Use Tables:Table of Permitted and Conditional Uses for Commercial Districts),shall be,and hereby is,amended to read as follows: 5 21A.33.030:TABLE OF PERMITTED AND CONDITIONAL USES FOR COMMERCIAL DISTRICTS: Legend: C= Conditional P= Permitted Permitted And Conditional Uses By District Use CN CB CS' CC CSHBD' CG TC-75 SNB Accessory use, except those that are P P P P P P P P specifically regulated elsewhere in this title Adaptive reuse of a landmark site P P P P P p p8 Alcohol: Brewpub (2,500 square feet or less in floor C'2•13 P'2 P'2 P12 P12 P12 area) Brewpub(more than 2,500 square feet in P12 C12 P12 P12 P12 floor area) Dining club (2,500 square feet or less in C'2,13 C12,13 P12 P12 P12 Piz Pie floor area) Dining club (more than 2,500 square feet in P12 C12 P12 P12 P12 floor area) Distillery P19 Social club(2,500 square feet or less in C'2,13 P12 P,2 P12 P12 P12 floor area) Social club(more than 2,500 square feet in P12 C12 P12 P12 P12 floor area) Tavern (2,500 square feet or less in floor C'2,13 p'2 P12 P,2 P,2 P'2 area) Tavern (more than 2,500 square feet in floor P'2 C,2 P'2 P'2 P12 area) Ambulance service (indoor) P P P P P Ambulance service(outdoor) P' P' P' P Amusement park P P Animal: Cremation service P P Kennel P Pet cemetery P4 6 Veterinary office C P P P P P C Antenna,communication tower P P P P P P Antenna,communication tower,exceeding the C C C C C C maximum building height in the zone Art gallery P P P P P P P P Auction(outdoor) P P Auditorium P P P P P Bakery,commercial P Bed and breakfast P P P P P P P P" Bed and breakfast inn P P P P P P P Bed and breakfast manor C3 C3 P P P P Blacksmith shop P Blood donation center C P Brewery P Bus line station/terminal P P C Bus line yard and repair facility P Car wash P P P C Car wash as accessory use to gas station or P P P P C convenience store that sells gas Check cashing/payday loan business P10 p'0 Clinic(medical,dental) P P P P P P P Community correctional facility,large Community correctional facility,small C9"4 Community garden P P P P P P P P Contractor's yard/office C P Crematorium C C C C C Daycare center,adult P P P P P P P Daycare center,child P P P P P P P Daycare,registered home daycare or preschool P Dwelling: Assisted living facility(large) P P P P P Assisted living facility(small) P P P P P P Group home(large) P C C P Group home(small)when located above or P P PP P P P P below first story office,retail,or commercial use,or on the first story where the unit is not located adjacent to street frontage Living quarter for caretaker or security P P PP P P P guard Manufactured home P Multi-family P P P P P P P Residential substance abuse treatment home C C C (large) Residential substance abuse treatment home C C C (small) Rooming(boarding)house P P P P P P Single-family attached P Single-family detached P Single room occupancy P6 Transitional victim home(large) C C C Transitional victim home(small) C C C Twin home P Two-family P Eleemosynary facility P P Equipment rental(indoor and/or outdoor) P P Farmers'market C C P P C Financial institution P P PP P P P Financial institution with drive-through facility Pll Pll Pll P'' P'1 P'' Flea market(indoor) P P P P C Flea market(outdoor) P Funeral home P P P P C Gas station C P P P P Government facility C C C C C C C 8 Government facility requiring special design P P P P P P P features for security purposes ' Homeless shelter C Hotel/motel C P P P C House museum in landmark sites(see C subsection 21 A.24.010_T of this title) Impound lot C14 Industrial assembly P Intermodal transit passenger hub P Laboratory(medical, dental, optical) P P P Laboratory,testing P P P P I Large wind energy system P P P P Laundry, commercial P Library P P P P P P P C Limousine service(large) P Limousine service(small) C C P Manufactured/mobile home sales and service P Mixed use development P P P P P P P P'' Mobile food business(operation on private P P P P P P P property) Municipal service uses, including city utility C C C C C C C uses and police and fire stations Museum P P P P P P P P Nursing care facility P P P P Office P P P P P P P P'g Offices and reception centers in landmark sites C (see subsection 21A.24.010.T of this title) Open space P P P P P P P Open space on lots less than 4 acres in size P Park P P P P P P P Parking: Commercial C P P C 9 Off site C P P P P P C Park and ride lot C C P P C Park and ride lot shared with existing use P P P P P P Place of worship on lot less than 4 acres in size P P P P P P P C Radio, television station P P P P P Reception center P P P P P Recreation (indoor) P P P P P P P P Recreation (outdoor) C C P C Recreational vehicle park(minimum 1 acre) C Recycling collection station P P P P P P 1 Research and development facility P Restaurant P P P P P P P Restaurant with drive-through facility P" P'' P'" Pl l P" P'1 Retail goods establishment P P P P P P P P16 Plant and garden shop with outdoor retail P P P P ' P P P P sales area With drive-through facility P"" P1' P'1 P"" P"" P" Retail service establishment P P P P P P P P16 Furniture repair shop C P P P P P P With drive-through facility P'" P'" P"" P"l P'" P'1 Reverse vending machine P P P P P P P Sales and display(outdoor) P P P P P P C School: College or university P P P P P P Music conservatory P P P P P P Professional and vocational P P P P P P Seminary and religious institute P P P P P P C Seasonal farm stand P P P P P P P Sexually oriented business P5 10 Sign painting/fabrication P Small Brewery C P Solar array P Storage(outdoor) C P Storage,public(outdoor) C P Storage,self P P C Store: Department P P Mass merchandising P P P Pawnshop P Specialty P P P P Superstore and hypermarket P P Warehouse club P Studio,art P P PP P P P P Studio,motion picture P Taxicab facility P Theater,live performance P'4 P'4 P'4 P'4 Pw P,4 Theater,movie C P P P P P Urban farm P P PP P P P Utility,building or structure P2 P2 P2 P2 p2 p2 P2 P2 Utility,transmission wire,line,pipe,or pole P2 p2 p2 p2 P2 P2 P2 P2 Vehicle: Auction P Automobile repair(major) P P C Automobile repair(minor) C P PP P P C P Automobile sales/rental and service P P Automobile salvage and recycling(indoor) P Boat/recreational vehicle sales and service P P Truck repair(large) P Truck sales and rental(large) P P 11 Vending cart,private property P Warehouse P P i Welding shop P Wholesale distribution P P Wireless telecommunications facility(see C Section 21A.40.090,Table 21A.40.090.E of this title) Woodworking mill P Qualifying provisions: 1. Development in the CS district shall be subject to planned development approval pursuant to the provisions of Chapter 21 A.55 of this title.Certain developments in the CSHBD zone shall be subject to the conditional building and site design review process pursuant to the provisions of subsection 21 A.26.060.D and Chapter 21A.59 of this title. 2. Subject to conformance to the provisions in subsection 21 A.02.050.B of this title for utility regulations. 3. When located in a building listed on the Salt Lake City register of cultural resources(see subsections 21 A.24.0I0.T and 21A.26.010.K of this title). 4. Subject to Salt Lake Valley health department approval. 5. Pursuant to the requirements set forth in Section 21 A.36.140 of this title. 6. Subject to location restrictions as per Section 21 A.36.190 of this title. 7. Greater than 3 ambulances at location require a conditional use. 8. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the buildings footprint.Building additions greater than 50 percent of the building's footprint or new office building construction are subject to a conditional building and site design review. 9. A community correctional facility is considered an institutional use and any such facility located within an airport noise overlay zone is subject to the land use and sound attenuation standards for institutional uses of the applicable airport overlay zone within Chapter 21A.34 of this title. 10. No check cashing/payday loan business shall be located closer than'/2 mile of other check cashing/payday loan businesses. 11. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-through use regulations. 12. Subject to conformance with the provisions in Section 21 A.36.300,"Alcohol Related Establishments",of this title. 13. In CN and CB zoning districts,the total square footage,including patio space,shall not exceed 2,200 square feet in total.Total square footage will include a maximum 1,750 square feet of floor space within a business and a maximum of 450 square feet in an outdoor patio area. 14. Prohibited within 1,000 feet of a single-or two-family zoning district. 15. Residential units may be located above or below first floor retail/office. 16. Construction for a nonresidential use shall be subject to all provisions of subsections 21 A.24.160.I and J of this title. 17. In the SNB zoning district,bed and breakfast use is only allowed in a landmark site. 18. Medical and dental offices are not allowed in the SNB zoning district. 19. Permitted in the CG zoning district only when associated with an on site food service establishment. 12 SECTION 3. Amending the text of Salt Lake City Code Section 21A.33.040. That Section 21A.33.040 of the Salt Lake City Code(Zoning:Land Use Tables:Table of Permitted and Conditional Uses for Manufacturing Districts),shall be,and hereby is,amended to read as follows: 21A.33.040:TABLE OF PERMITTED AND CONDITIONAL USES FOR MANUFACTURING DISTRICTS: Legend: C= Conditional P= Permitted Permitted And Conditional Uses By District Use M-1 M-2 Accessory use,except those that are otherwise specifically regulated elsewhere in P P this title Adaptive reuse of a landmark site C C7 Agricultural use P P Alcohol: Brewpub P6.10 p6.10 Distillery P P Social club C6,1° C6,1° Tavern C6,10 C" Winery P P Ambulance services(indoor and/or outdoor) P P Animal: Cremation service P P I Kennel P P Pet cemetery P2 P2 Pound P12 Pie Raising of furbearing animals C P Stockyard C12 P12 13 Veterinary office P P Antenna,communication tower P P Antenna,communication tower,exceeding the maximum building height C C Bakery,commercial P P Blacksmith shop P P Bottling plant P P Brewery P P Building materials distribution P P Bus line station/terminal P P Bus line yard and repair facility P Check cashing/payday loan business P9 Chemical manufacturing and/or storage C Community correctional facility,large(see Section 21 A.36.110 of this title) C9•12 Community correctional facility,small(see Section 21A.36.110 of this title) Community garden P Concrete and/or asphalt manufacturing C12 P12 Contractor's yard/office P P Crematorium P P Daycare center,adult P Daycare center,child P Drop forge industry P Dwelling,living quarters for caretaker or security guard,limited to uses on lots I P P acre in size or larger and is accessory to a principal use allowed by the zoning district Equipment,heavy(rental,sales,service) P P Equipment rental(indoor and/or outdoor) P P Explosive manufacturing and storage C12 Financial institution with or without drive-through facility p'1 Flammable liquids or gases,heating fuel distribution and storage P12 Food processing P P Gas station P P 14 Government facility P P Government facility requiring special design features for security purposes P P Grain elevator P Greenhouse P Heavy manufacturing P12 Hotel/motel P Impound lot p12 p12 Incinerator,medical waste/hazardous waste C12 Industrial assembly P P Laboratory(medical, dental, optical) P Laboratory, testing P P Large wind energy system P P Laundry, commercial P P Light manufacturing P P Limousine service P P Mobile food business(operation in the public right of way) P P Mobile food business(operation on private property) P P Mobile food court P P Office P Office, publishing company P Open space P P Package delivery facility P P Paint manufacturing P Parking: Off site P P Park and ride lot P P Park and ride lot shared with existing use P P Photo finishing lab P P Poultry farm or processing plant P'Z Printing plant P 15 Radio, television station P Railroad, freight terminal facility C°'12 C4'12 Railroad, repair shop P Recreation (indoor) P Recreation (outdoor) P Recycling: Collection station P P Processing center(indoor) P P Processing center(outdoor) C12 P12 Refinery, petroleum products C12 Restaurant with or without drive-through facilities P'' Retail goods establishment with or without drive-through facility P'' Retail service establishment: Electronic repair shop P Furniture repair shop P P Upholstery shop P Rock, sand and gravel storage and distribution C P School: Professional and vocational(with outdoor activities) P Professional and vocational (without outdoor activities) P Seminary and religious institute P Seasonal farm stand P P Sexually oriented business P5 Sign painting/fabrication P P Slaughterhouse P12 Small Brewery P P Solar array P P Storage and display (outdoor) P P Storage, public(outdoor) P P Store, convenience P P 16 Studio,motion picture P Taxicab facility P P Tire distribution retail/wholesale P P Truck freight terminal P'2 P'2 Urban farm P P Utility: Building or structure P P Electric generation facility C2•'2 C3.'2 Sewage treatment plant C P Solid waste transfer station C'2 P'2 Transmission wire,line,pipe or pole P' P' Vehicle: Auction P P Automobile and truck repair P P Automobile and truck sales and rental(including large truck) P P Automobile part sales P P Automobile salvage and recycling(indoor) P P Automobile salvage and recycling(outdoor) C'2 P" Recreational vehicle(RV)sales and service P P Truck repair(large) P P Vending cart,private property P P Warehouse P P Welding shop P P Wholesale distribution P P Wireless telecommunications facility(see Section 21A.40.090,Table 2I A.40.090.E of this title) Woodworking mill P P Qualifying provisions: I. See subsection 21 A.02.050.B of this title for utility regulations. 2. Subject to Salt Lake Valley health department approval. 17 3. Electric generating facilities shall be located within 2,640 feet of an existing 138 kV or larger electric power transmission line. 4. No railroad freight terminal facility may be located within a 5 mile radius of any other existing railroad freight terminal facility. 5. Pursuant to the requirements set forth in Section 21A.36.140 of this title. 6. If a place of worship is proposed to be located within 600 feet of a tavern,social club, or brewpub, the place of worship must submit a written waiver of spacing requirement as a condition of approval. 7. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building's footprint. Building additions greater than 50 percent of the building's footprint or new office building construction are subject to a conditional building and site design review. 8. A community correctional facility is considered an institutional use and any such facility located within an airport noise overlay zone is subject to the land use and sound attenuation standards for institutional uses of the applicable airport overlay zone within Chapter 21 A.34 of this title. 9. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan businesses. 10. Subject to conformance with the provisions in Section 21A.36.300, "Alcohol Related Establishments", of this title. 11. Subject to conformance to the provisions in Section 21 A.40.060 of this title for drive-through use regulations. 12. Prohibited within 1,000 feet of a single-or two-family zoning district. SECTION 4. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Downtown Districts), shall be, and hereby is, amended to read as follows: 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN DISTRICTS: Legend: C= Conditional P= Permitted Permitted And Conditional Uses By District • Use D-1 D-2 D-3 D-4 Accessory use, except those that are otherwise specifically regulated elsewhere in P P P P this title Adaptive reuse of a landmark site P P P P4 Alcohol: Brewpub(indoor) P6 P6 P6 P6 Brewpub(outdoor) P6 P6 P6 P6 18 Dining club(indoor) P6 C6 C6 P6 Dining club(outdoor) P6 C6 C6 P6 Social club(indoor) P6 C6 C6 P6 Social club(outdoor) P6 C6 C6 P6 Tavern(indoor) P6 C6 C6 P6 Tavern(outdoor) P6 C6 C6 P6 Animal,veterinary office P P Antenna,communication tower PPP P Antenna,communication tower,exceeding the maximum building height CCCC Art gallery JPPPP Bed and breakfast PP P P Bed and breakfast inn PP P P Bed and breakfast manor P PP P Blood donation center P Bus line station/terminal P' P5 P7 P' Bus line yard and repair facility P Car wash P3 Check cashing/payday loan business P5 Clinic(medical,dental) P P P P Community garden P PP P Convention center P Crematorium PP P Daycare center,adult P PP P Daycare center,child P PPP Dwelling: Artists'loft/studio P P P P Group home(large) C C Group home(small) P PPP Multi-family P PPP Residential substance abuse treatment home(large) C C 19 Residential substance abuse treatment home(small) C C Transitional victim home(large) C C Transitional victim home(small) C C Eleemosynary facility P P P P Exhibition hall P Farmers'market P Financial institution P P P P Financial institution with drive-through facility P8 P8 Funeral home P P P Gas station P P7 P7 _J 1 Government facility C C C C Government facility requiring special design features for security purposes P7 P7 Heliport, accessory C C C Homeless shelter C C Hotel/motel P P P P Industrial assembly C C Laboratory (medical, dental, optical) P P P P Laundry, commercial P Library P P P P Limousine service P Manufacturing and processing, food P Mixed use development P P P P Mobile food business(operation in the public right of way) P P P P Mobile food business(operation on private property) P P P P Mobile food court P P P P Museum j P P P P Office P P P P Office, publishing company P P P P Open space on lots less than 4 acres in size P7 P7 P7 P7 Park P P P P 20 Parking, commercial C P C C Parking, off site P P P P Performing arts production facility P P P P Place of worship P" P'' P" P'' Radio, television station P P P Railroad, passenger station P P P P Reception center P P P P Recreation (indoor) P P P P Recreation (outdoor) P Restaurant P P P P 1 Restaurant with drive-through facility P8 Retail goods establishment P P P P Retail service establishment P P P P Retail service establishment, upholstery shop P P Sales and display(outdoor) P P P P School: College or university P P P P K - 12 private P P K- 12 public P P Music conservatory P P P P Professional and vocational P P P P Seminary and religious institute P P P P Small Brewery C Social service mission and charity dining hall C C Stadium C C C Storage, self P P Store: Department P P P Fashion oriented depat Intent P2 Mass merchandising P P P 21 Pawnshop P Specialty P P P Superstore and hypermarket P Studio,art P P P P Theater,live performance P9 P9 P9 P9 Theater,movie P P PP Utility,buildings or structure Pr P' P' P' Utility,transmission wire,line,pipe or pole P' P' P' PI Vehicle: Automobile repair(major) P P' P7 Automobile repair(minor) P P7 P7 Automobile sales/rental and service P10 P P'o Vending cart,private property P PPP Vending cart,public property Warehouse P Warehouse,accessory P P Wholesale distribution P Wireless telecommunications facility(see Section 2IA.40.090,Table 21A.40.090.E of this title) Qualifying provisions: 1. Subject to conformance to the provisions in subsection 2l A.02.050.B of this title. 2. Uses allowed only within the boundaries and subject to the provisions of the downtown Main Street core overlay district(Section 21 A.34.110 of this title). 3. A car wash located within 165 feet(including streets)of a residential use shall not be allowed. 4. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building's footprint.Building additions greater than 50 percent of the building's footprint or new office building construction are subject to a conditional building and site design review. 5. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan businesses. 6. Subject to conformance with the provisions in Section 21A.36.300,"Alcohol Related Establishments",of this title. 7. Subject to conformance with the provisions of Chapter 2IA.59,"Conditional Building and Site Design Review",of this title. 8. Subject to conformance to the provisions in Section 2IA.40.060 of this title for drive-through use regulations. 9. Prohibited within 1,000 feet of a single-or two-family zoning district. 10. Must be located in a fully enclosed building and entirely indoors. 22 11. If a place of worship is proposed to be located within 600 feet of a tavern,social club,or brewpub, the place of worship must submit a written waiver of spacing requirement as a condition of approval. SECTION 5. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 21A.33.050 of the Salt Lake City Code(Zoning:Land Use Tables:Table of Permitted and Conditional Uses in the Gateway District),shall be,and hereby is,amended to read as follows: 21A.33.060:TABLE OF PERMITTED AND CONDITIONAL USES IN THE GATEWAY DISTRICT: Legend: C= Conditional P= Permitted Use G-MU Accessory use,except those that are otherwise specifically regulated elsewhere in this title P Adaptive reuse of a landmark site P Alcohol: Brewpub(indoor) P2 Brewpub(outdoor) P2.5 Dining club(indoor) P2 Dining club(outdoor) P2,5 Social club(indoor) P2 Social club(outdoor) P2.5 Tavern(indoor) P2 Tavern(outdoor) P2.5 Ambulance service(indoor) C Amphitheater P Animal,veterinary office P Antenna,communication tower P Antenna,communication towers,exceeding the maximum building height C Art gallery P Artists'loft/studio P 23 Auction(indoor) P Auditorium P Bed and breakfast P Bed and breakfast inn P Bed and breakfast manor P Botanical garden P Bus line station/terminal P3 Clinic(medical,dental) P Community garden P Crematorium P Daycare center,adult P Daycare center,child P Dwelling: Group home(large) C Group home(small)when located above or below first story office,retail or commercial use,or P on the first story where the unit is not located adjacent to the street frontage Living quarters for caretaker or security guard P Multi-family J P Residential substance abuse treatment home(large) C Residential substance abuse treatment home(small) C Single-family(attached) P Transitional victim home(large) C Transitional victim home(small) C Eleemosynary facility P Equipment rental(indoor and/outdoor) P Farmers'market P Financial institution P Flea market(indoor) P Funeral home P Government facility C 24 Government facility requiring special design features for security purposes P' Heliport,accessory C Hotel/motel P Industrial assembly C Laboratory(medical,dental,optical) P Large wind energy system P Library P Mixed use development P Mobile food business(operation in the public right of way) P Mobile food business(operation on private property) P Mobile food court P Museum P Office P Open space P Park P Parking: Commercial C Off site P Park and ride lot C Park and ride lot shared with existing use P Performing arts production facility P Photo finishing lab P Place of worship P Radio,television station C Reception center P Recreation(indoor) P Recreation(outdoor) C Restaurant P Retail goods establishment P Retail goods establishment,plant and garden shop,with outdoor retail sales area P 25 Retail service establishment P Retail service establishment,upholstery shop C School: College and university P K-12 private P K-12 public P Music conservatory P Professional and vocational P Seminary and religious institute P Seasonal farm stand P Small Brewery C Social service mission and charity dining hall C Solar array P Stadium C Storage,self P3 Store: Department P Mass merchandising P Specialty P Superstore and hypermarket P Studio,art P Studio,motion picture C Theater,live performance P4 Theater,movie P Urban farm P Utility,building or structure Utility,transmission wire,line,pipe or pole C Vehicle: Automobile repair(minor) P Automobile sales/rental and service(indoor) P 26 Boat/recreational vehicle sales and service(indoor) P Vending cart,private property P Vending cart,public property P Wireless telecommunications facility(see sSection 21 A.40.090,tTable 21 A.40.090 E of this title) Zoological park C Qualifying provisions: 1. Subject to conformance to the provisions in subsection 21A.02.050.B of this title. 2. Subject to conformance with the provisions of Section 21A.36.300,"Alcohol Related Establishments",of this title. 3. Subject to conformance with the provisions of Chapter 21A.59,"Conditional Building and Site Design Review",of this title. 4. Prohibited within 1,000 feet of a single-or two-family zoning district. 5. Subject to the requirements set forth in Section 21 A.40.065,"Outdoor Dining",of this title. No conditional use permit shall be granted for any property which abuts a residential zoning district,except for places of worship,public/private utilities and related facilities,residential facilities for persons with a disability and educational facilities. SECTION 6. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 21A.33.070 of the Salt Lake City Code(Zoning:Land Use Tables:Table of Permitted and Conditional Uses for Special Purpose Districts),shall be,and hereby is,amended to read as follows: 27 21A.33.070:TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS: Legend: C= Conditional P= Permitted Permitted And Conditional Uses By District Use RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH El MU Accessory use,except those that are P P PP P P P P PP P PP P PP otherwise specifically regulated elsewhere in this title Adaptive reuse of a landmark site P2 Agricultural use C P P P P P Air cargo terminals and package P P delivery facility Airport P Alcohol: Brewpub(2,500 square feet or less P12 C'2 in floor area) Brewpub(more than 2,500 square P12 feet in floor area) Dining club(2,500 square feet or C'2 less in floor area) Social club(2,500 square feet or less CI' in floor area) Tavern(2,500 square feet or less in C'2 floor area) Ambulance service(indoor) P P Ambulance service(outdoor) pio pio Amphitheater C Animal: Kennel on lots of 5 acres or larger C P8 P8 P8 P8 Pet cemetery p4 P4 P4 P4 P4'5 Stable(private) P P P P Stable(public) P P P P Veterinary office P P Antenna, communication tower P P C P P P P P P C P P P Antenna, communication tower, C C P P" C C C exceeding the maximum building height in the zone Art gallery P P P P P Bed and breakfast P2 P P Bed and breakfast inn P2 P P Bed and breakfast manor P2 P P Botanical garden P P P Cemetery P Clinic(medical,dental) P P P P P Community garden P P P P P P P P P P P P P P Convent/monastery P P Daycare center, adult P P P P P P P 29 Daycare center, child P P P P P P P P Dental laboratory/research facility P P C C P Dwelling: Assisted living facility P P P Congregate care facility P P P Group home(large) C Group home(small) P P P P P Living quarters for caretaker or P P P P P P security guard Manufactured home P P P P Mobile home P Multi-family P P Resident healthcare facility P P P Residential substance abuse P C treatment home(large) Residential substance abuse P P treatment home(small) Rooming(boarding)house P Single-family (attached) P Single-family(detached) P P P P P Transitional victim home(large) C Transitional victim home(small) P Twin home and two-family P 30 • Eleemosynary facilities P P P P P Exhibition hall C P C P Extractive industry P Fairground C Farm stand, seasonal P P P P P Financial institution P P P Financial institution with drive-through P14 P14 facility Gas station P7 Government facility C C P C C C'3 C P C Government facility requiring special C design features for security purposes Government office P P P P P P P P Heliport C C P P C C Hospital, including accessory lodging C P P facility Hotel/motel C C P P Industrial assembly P P Jail C Jewelry fabrication P Large wind energy system C C C C C C C P P Library P P P P P Light manufacturing C P 31 Manufacturing,concrete or asphalt P15 Meeting hall of membership P P P P P organization Mixed use development P Mobile food business(operation on P P P P P private property) Municipal service uses,including city C C P C C C C P C utility uses and police and fire stations Museum C P P P PP P Nursing care facility P P P Office P P P P P PP P Open space P P PP P P P P P9 P P P PP PPP Park C P P P P P Parking: Commercial C Off site PP P P P C Park and ride lot P C Park and ride lot shared with P P P P P P P P existing use Performing arts production facility P P Philanthropic use P P P P Place of worship P P P P P Radio,television station P6 P 32 Reception center C P PP P Recreation(indoor) C P P P PP P Recreation(outdoor) P P P Research and development facility P P P P C Research facility(medical) P P P P Restaurant P' P Restaurant with drive-through facility P7"4 1,3 Retail goods establishment P7 P P Retail,sales and service accessory use P when located within a principal building Retail,sales and service accessory use P P PP P P P P when located within a principal building and operated primarily for the convenience of employees School: College or university P P P K-12 private P P PP K-12 public P P PP Music conservatory P P P Professional and vocational P P P P P Seminary and religious institute P P C Small Brewery C Solar array P P P P P P 33 Stadium C C C Storage,accessory(outdoor) P P P Studio,art P Theater,live performance C15 C15 C15 CAS C'S C'S C'S Theater,movie C C Transportation terminal,including bus, P rail and trucking Urban farm P P PP P P P P P P PP Utility,building or structure P' P' P' P' P' P' P' P' P' P' P' P' PI P' PI P' Utility,transmission wire,line,pipe or PI P' P' P' P' P' P' P' P' P' P' P' P' P' P' P' pole Vehicle,automobile rental agency P P Vending cart,private property P P Vending cart,public property P Warehouse P P Warehouse,accessory to retail and P wholesale business(maximum 5,000 square foot floor plate) Wholesale distribution P P Wireless telecommunications facility (see Section 21A.40.090,Table 21A.40.090.E of this title) Zoological park P Qualifying provisions: 34 • 1. Subject to conformance to the provisions in subsection 21A.02.050.B of this title. 2. When located in a building listed on the Salt Lake City register of cultural resources. 3. When located on an arterial street. 4. Subject to Salt Lake Valley health department approval. 5. In conjunction with, and within the boundaries of, a cemetery for human remains. 6. Radio station equipment and antennas shall be required to go through the site plan review process to ensure that the color, design and location of all proposed equipment and antennas are screened or integrated into the architecture of the project and are compatible with surrounding uses. 7. When approved as part of a business park planned development pursuant to the provisions of Chapter 21A.55 of this title. 8. Kennels, whether within penned enclosures or within enclosed buildings, shall not be permitted within 200 feet of an existing single-family dwelling on an adjacent lot. 9. Trails and trailheads without parking lots and without directional and informational signage specific to trail usage shall be permitted. 10. Greater than 3 ambulances at location require a conditional use. 11. Maximum of 1 monopole per property and only when it is government owned and operated for public safety purposes. 12. Subject to conformance with the provisions in Section 21A.36.300, "Alcohol Related Establishments", of this title. 13. If located on a collector or arterial street according to the Salt Lake City transportation master plan - major street plan: roadway functional classification map. 14. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-through use regulations. 15. Prohibited within 1,000 feet of a single- or two-family zoning district. 35 SECTION 7. Amending the text of Salt Lake City Code Section 21A.36.300. That Section 21A.36.300 of the Salt Lake City Code (Zoning: General Provisions: Alcohol Related Establishments), shall be, and hereby is, amended to read as follows: 21A.36.300: ALCOHOL RELATED ESTABLISHMENTS: A. Purpose Statement: The purpose of this section is to permit the establishment of taverns, social clubs, dining clubs, and brewpubs as defined in Chapter 21A.62 of this title, subject to licensing procedures, and where appropriate, conditional use standards. B. License Required: No tavern, social club, dining club, or brewpub shall be established, operated, or maintained within the city without a valid license issued by the Utah state division of licensing, and without a valid business license issued by the city. C. Taverns, Social Clubs, Dining Clubs, and Brewpubs; Authorized as Permitted Uses: Taverns, social clubs, brewpubs, and dining clubs shall be permitted pursuant to subsection B of this section in zoning districts noted in the tables of permitted and conditional uses. D. Taverns, Social Clubs, Dining Clubs, and Brewpubs; Authorized As Conditional Uses: Taverns, social clubs, dining clubs, and brewpubs may be allowed as conditional uses pursuant to the provisions of Chapter 21A.54 of this title, and pursuant to subsection B of this section in zoning districts noted in the tables of permitted and conditional uses provided the following standards are achieved: 1. In approving a conditional use permit for a tavern, social club, dining club, or brewpub, the planning commission shall: a. Require that a security and operations plan be prepared by the applicant and approved by the Salt Lake City Police Department and the building official, and filed with the city recorder's office, which shall include: (1) A complaint-response community relations program; and (2) A provision for a representative of the tavern, social club, dining club, or brewpub to meet with neighbors upon request in order to attempt to resolve any neighborhood complaints regarding the operations on the business premises; (3) Design and construction requirements to ensure that any sound level originating within the premises, measured within fifteen feet (15') from an exterior wall or door thereof, does not exceed the maximum permissible sound level set forth for the applicable zoning district in Chapter 9.28 of this code; (4)A provision stating that live entertainment shall only be located within an enclosed building subject to the foregoing sound limit; (5)Prohibiting electronically amplified sound in any exterior portion of the premises; (6)Designation of a location for smoking tobacco outdoors in conformance with state law; (7)A provision stating that any trash strewn on the premises be collected and deposited in a trash receptacle by six o'clock(6:00)A.M.the following day,including any smoking and parking lot areas;and (8)A provision stating that portable trash receptacles on the premises be emptied daily and automated receptacles be emptied at least weekly. Automated receptacles shall be located only within a city approved trash storage area;and (9)A parking management plan which shall include consideration of the impact of parking on surrounding neighborhoods; b. Require a review and approval of the site and floor plan proposed for the premises by the Salt Lake City police department.Such review may require design features for the purpose of reducing alcohol related problems such as consumption by minors,driving under the influence,and public drunkenness; c. Require buffering where a tavern,social club,dining club,or brewpub abuts a residentially zoned parcel.Said buffering shall include vegetative landscaping or walls along any property line or within any required yard area on the lot where the premises are located; d. Require that landscaping be located,and be of a type,that cannot be used as a hiding place;and e. Require that the exterior of the premises be maintained free of graffiti, including the main building,any accessory buildings or structures,and all signs.Graffiti shall be removed from the exterior of the premises within forty eight(48)hours,weather permitting. 2. If necessary to meet the standards for approval of a conditional use set forth in Section 21A.54.080 of this title,the following conditions may be imposed: 37 a. Limit the size and kind of signage located on the outside of any building in conformance with Chapter 21A.46 of this title; b. Require parking area lighting to produce a minimum foot-candle that provides safe lighting for pedestrians, but does not intrude on residents' enjoyment of their homes; and c. Consider the proposed location of an outdoor smoking area in the security and operations plan and the potential effect on neighboring residences, businesses, and buildings and designating a new area if the potential effects of the area in the security and operations plan appear to adversely affect neighboring residences, businesses, and buildings. E. Minimum Area: In the CN and RB zoning districts, an alcohol related establishment shall only be allowed if such zoning district in which the alcohol related establishment is proposed is at least one-half(1/2) acre in contiguous area. F. Concentration Prohibited: In the CN and RB zoning districts, not more than one alcohol related establishment as noted in the table of permitted and conditional uses shall be located within six hundred feet(600') of another alcohol related establishment as measured linearly without regard to intervening structures from the nearest point on the property line of one establishment to the nearest point on the property line of the second establishment. In CB zoning districts, not more than one social club, dining club, brewpub, or tavern shall be located within three hundred fifty feet (350') of another alcohol related establishment as measured linearly without regard to intervening structures from the nearest point of the property line of one establishment to the nearest point on the property line of the second establishment. SECTION 8. Amending the text of Salt Lake City Code Section 21A.38.040.B. That Section 21A.38.040.B of the Salt Lake City Code (Zoning: Nonconforming Uses and Noncomplying Structures: Nonconforming Uses: Nonconformity of Taverns, Social Clubs, Dining Clubs, Brewpubs or Microbreweries), shall be, and hereby is, amended to read as follows: B. Nonconformity of Taverns, Social Clubs, Dining Clubs, or Brewpubs: A legally existing tavern, social club, dining club, or brewpub shall not be deemed nonconforming for purposes of expansion, reconstruction or licensing (as long as the use is permitted in the base zoning district) if the only reason for such nonconformity is due to the subsequent location of a school, church or park within the spacing requirements as specified under requirements of state law. 38 SECTION 9. 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 as follows: a. That the term"Alcohol,Microbrewery"is hereby deleted;and b. That the term,"Small brewery"is hereby added and inserted alphabetically in the List of Terms. The codifier is instructed to make only these specific changes to the List of Terms comprising Section 21A.60.020 and make no other revisions to that section as part of this ordinance. SECTION 10.Amending the text of Salt Lake City Code Section 21 A.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. That the definition of the term"ALCOHOL,BREWPUB"is amended to read as follows: ALCOHOL,BREWPUB: A restaurant type establishment that also contains a small brewery,where the product is brewed primarily for sale in the associated restaurant. Brewpubs may package their product in kegs,bottles or cans for on-site or off-site distribution.The alcohol-to-food sales revenue ratio for a brewpub shall comply with the requirements of Chapter 6(Specific Retail License Act)of Title 32b(Utah Alcoholic Beverage Control Act)of the Utah Code,or its successor. b. That the definition of the term"ALCOHOL,MICROBREWERY"is deleted from the list of definitions. c. That the definition of the term"ALCOHOL RELATED ESTABLISHMENT"is amended to read as follows: ALCOHOL RELATED ESTABLISHMENT:Tavern,social club,dining club,or brewpub. d. That the definition of the term"BREWERY"is amended to read as follows: 39 BREWERY: A business establishment that manufactures more than 15,000 barrels of beer, heavy beer, or malt liquor as otherwise defined and regulated in Title 32B, Utah Code, as amended. e. That the definition of the term "OUTDOOR DINING" is amended to read as follows: OUTDOOR DINING: A dining area with seats and/or table(s) located outdoors of a restaurant, brewpub, social club, tavern, market, deli, and 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. f. That the definition of the term, "SMALL BREWERY" is hereby added to the definitions and inserted in alphabetical order and shall read as follows: SMALL BREWERY: A brewery that produces less than 15,000 barrels of beer, heavy beer, or malt liquor annually and occupies less than 10,000 square feet in gross floor area. SECTION 11. 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 1st. day of fl cemhPr 2015. CHAIRP O AT AND C TERSIGN: il TY RECORDER Transmitted to Mayor on December 1, 2015 • 40 i Mayor's Action: Approved. V ed. I , / &4,-,-1rC� MAYOR CITY +�� •` A. . ,-)X... 1' ••Gl,�''4 CITY RECORDER �' .1'� �= '.s � APPROVED AS TO FORM •(SEAL) : .K ye „ �tl►: * Salt Lake City Attorney's Office 'h C�, =�y Date: i Bill No. 64 of2015. ♦• \ pRA: Sti .. By: — Published: December 11 , •2015. """ P I C.Niels era City Attorney HB_ATTY-#47780-v4-Ordinance_breweries_brewpubs.DOCX I 41