073 of 2011 - Amending various sections of Title 21A for special exceptions/transfer decision making authority fro R 11-1
17 11-12
SALT LAKE CITY ORDINANCE
No. 73 of 2011
(An ordinance amending various sections of Title 21A of the Salt Lake City Code
pertaining to special exception review procedures)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to
Petition No. PLNPCM2010-00785 to transfer the decision-making authority of special exceptions
from the board of adjustment to the planning commission.
WHEREAS,the Salt Lake City Planning Commission("planning commission") held a public
hearing on July 13, 2011 to consider a request made by Salt Lake City Mayor Ralph Becker (petition
no. PLNPCM2010-00785) to amend the text of chapters 21A.06 (Zoning: Decision Making Bodies
and Officials); 21A.14 (Zoning: Routine and Uncontested Matters); 21A.24 (Zoning: Residential
Districts); 21A.26 (Zoning: Commercial Districts); 21A.34 (Zoning: Overlay Districts); 21A.36
(Zoning: General Provisions);21A.38 (Zoning: Nonconforming Uses and Noncomplying
Structures); 21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off Street
Parking and Loading); 21A.46 (Zoning: Signs); 21A.52 (Zoning: Special Exceptions); and 21A.62
(Zoning: Definitions) of the Salt Lake City Code; and
WHEREAS, at its July 13, 2011 hearing, the planning commission voted in favor of
recommending to the Salt Lake City Council that the city council amend the sections of Title 21A of
the Salt Lake City Code identified herein; 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.06.030.B. That section
21A.06.030.B of the Salt Lake City Code(Zoning: Decision Making Bodies and Officials: Planning
Commission), shall be, and hereby is, amended to read as follows:
B. Jurisdiction And Authority: The planning commission shall have the following
powers and duties in connection with the implementation of this title:
1. Prepare and recommend to the city council for adoption, a comprehensive,
general plan and amendments to the general plan for the present and future needs
of the city and the growth and development of the land within the city or any part
of the city;
2. Make comprehensive surveys and studies of the existing conditions and trends of
growth and of the probable future requirements of the city and its residents as part
of the preparation of the general plan;
3. Initiate amendments to the text of this title and to the zoning map pursuant to the
provisions of section 21A.50.020 of this title;
4. Review, evaluate and make recommendations to the city council on proposed
amendments to this title pursuant to the procedures and standards set forth in
sections 21A.50.030 and 21A.50.040 of this title;
5. Review, hear and decide applications for conditional uses, including planned
developments, pursuant to the procedures and standards set forth in chapter
21A.54, "Conditional Uses", of this title;
6. Hear and decide appeals from administrative hearing decisions of the planning
director; and
7. Hear and decide applications for subdivision amendments and approvals pursuant
to the municipal land use development and management act,title 10, chapter 9 of
the Utah Code Annotated.
8. Authorize special exceptions to the terms of this title pursuant to the procedures
and standards set forth in chapter 21A.52, "Special Exceptions", of this title;
9. Make determinations regarding the existence, expansion or modification of
noncomforning uses and noncomplying structures pursuant to the procedures and
standards set forth in chapter 21A.38, "Nonconforming Uses And Noncomplying
Structures", of this title.
SECTION 2. Amending text of Salt Lake City Code section 21A.06.040.B. That section
21A.06.040.B of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Board of
Adjustment), shall be, and hereby is, amended to read as follows:
•
B. Jurisdiction And Authority: The board of adjustment shall have the following powers
and duties in connection with the implementation of this title:
1. Hear and decide appeals from any administrative decision made by the zoning
administrator in the administration or the enforcement of this title pursuant to the
procedures and standards set forth in chapter 21A.16, "Appeals Of Administrative
Decisions", of this title with the exception of administrative reviews of certificates
of appropriateness which shall be appealed to the historic landmark commission,
as set forth in subsection 21A.06.050C3 of this chapter;
2. Authorize variances from the terms of this title pursuant to the procedures and
standards set forth in chapter 21 A.18, "Variances", of this title;
SECTION 3. Amending text of Salt Lake City Code section 21A.06.040.E. That section
21A.06.040.E of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Board of
Adjustment), shall be, and hereby is, amended to read as follows:
E. The board of adjustment shall convene meetings as needed throughout the year.
SECTION 4. Amending text of Salt Lake City Code section 21A.06.050.C. That section
21A.06.050.0 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Historic
Landmark Commission), shall be, and hereby is, amended to read as follows:
C. Jurisdiction And Authority: In addition to carrying out the general purposes set forth in
subsection B of this section, the historic landmark commission shall:
1. Conduct surveys of significant historic, architectural, and cultural landmarks and
historic districts within the city;
2. Petition the city council to designate identified structures, areas or resources as
landmark sites or H historic preservation overlay districts;
3. Review and approve or deny an application for a certificate of appropriateness
pursuant to the provisions of chapter 21A.34 of this title;
4. Develop and participate in public education programs to increase public
awareness of the value of historic, architectural and cultural preservation;
5. Review and approve or deny applications for the demolition of structures in the H
historic preservation overlay district pursuant to chapter 21A.34 of this title;
6. Recommend to the planning commission the boundaries for the establishment of
an H historic preservation overlay district and landmark sites;
7. Make recommendations when requested by the planning commission, the board
of adjustment or the city council, as appropriate, on applications for zoning
amendments, conditional uses and special exceptions involving H historic
preservation overlay districts and landmark sites;
8. Review and approve or deny certain special exceptions for properties located
within an H historic preservation overlay district. The certain special exceptions
are listed as follows:
a. Building wall height;
b. Garage height;
c. Garage square footage;
d. Fence height;
e. Overall building height; and
f. Signs.
9. Make recommendations to the city council concerning the utilization of state,
federal or private funds to promote the preservation of landmark sites and H
historic preservation overlay districts within the city;
10. Make recommendations to the city council regarding the acquisition of landmark
structures or structures eligible for landmark status where preservation is essential
to the purposes of chapter 21A.34, "H Historic Preservation Overlay District", of
this title, and where private preservation is infeasible;
11. Make recommendations to the planning commission in connection with the
preparation of the general plan of the city; and
12. Make recommendations to the city council on policies and ordinances that may
encourage preservation of buildings and related structures of historic and
architectural significance.
SECTION 5. Amending text of Salt Lake City Code chapter 21A.14. That section
21A.14 of the Salt Lake City Code (Zoning: Routine and Uncontested Matters), shall be, and
hereby is, amended to read as follows:
Chapter 21A.14
[Deleted]
SECTION b. Amending text of Salt Lake City Code section 21 A.24.010.P.2. That
section 2I A.24.010.P.2 of the Salt Lake City Code (Zoning: Residential Districts: General
Provisions: Special Foothills Regulations), shall be, and hereby is, amended to read as follows:
2. Height Special Exception: The planning commission, as a special exception to the height
regulations of the applicable district, may approve a permit to exceed the maximum
building height but shall not have the authority to grant additional stories. To grant a
height special exception the planning commission must find the proposed plan:
a. Is a design better suited to the site than can be achieved by strict compliance to these
regulations; and
b. Satisfies the following criteria:
(1) The topography of the lot presents difficulties for construction when the foothill
height limitations are applied,
(2) The structure has been designed for the topographic conditions existing on the
particular lot, and
(3) The impact of additional height on neighboring properties has been identified and
reasonably mitigated.
c. In making these considerations the planning commission can consider the size of the
Iot upon which the structure is proposed.
d. The burden of proof is upon the applicant to submit sufficient data to persuade the
planning commission that the criteria have been satisfied.
e. The planning commission may deny an application for a height special exception if:
(1) 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 height limits of these regulations;
(2) The additional height can be reduced by modifying the design of the structure
through the use of stepping or terracing or by altering the placement of the structure
on the lot;
(3) The additional height will substantially impair the views from adjacent lots, and
the impairment can be avoided by modification; or
(4) The proposal is not in keeping with the character of the neighborhood.
SECTION 7. Amending text of Salt Lake City Code section 21A.24.050.D.6. That
section 21A.24.050.D.6 of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000
Single-Family Residential District: Maximum Building Height), shall be, and hereby is, amended
to read as follows:
6. a. For properties outside of the H historic preservation overlay district, additional
building height may be granted as a special exception by the planning commission
subject to the special exception standards in chapter 21A.52 of this title and if the
proposed building height is in keeping with the development pattern on the block
face. The planning commission will approve, approve with conditions, or deny the
request pursuant to chapter 21A.52 of this title.
b. Requests for additional building height for properties located in an H historic
preservation overlay district shall be reviewed by the historic landmarks commission •
which may grant such requests subject to the provisions of section 21A.34.020 of this
title.
SECTION 8. Amending text of Salt Lake City Code section 21A.24.060.D.6. That
section 21A.24.060.D.6 of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000
Single-Family Residential District: Maximum Building Height), shall be, and hereby is, amended
to read as follows:
6. a. For properties outside of the H historic preservation overlay district, additional
building height may be granted as a special exception by the planning commission
subject to the special exception standards in chapter 21A.52 of this title and if the
proposed building height is in keeping with the development pattern on the block
face. The planning commission will approve, approve with conditions, or deny the
request pursuant to chapter 21A.52 of this title.
b. Requests for additional building height for properties located in an H historic
preservation overlay district shall be reviewed by the historic landmarks commission
which may grant such requests subject to the provisions of section 21A.34.020 of this
title.
SECTION 9. Amending text of Salt Lake City Code section 21A.24.070.D.6. That
section 21A.24.070.D.6 of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000
Single-Family Residential District: Maximum Building Height), shall be, and hereby is, amended
to read as follows:
6. a. For properties outside of the H historic preservation overlay district, additional
building height may be granted as a special exception by the planning commission
subject to the special exception standards in chapter 21A.52 of this title and if the
proposed building height is in keeping with the development pattern on the block
face. The planning commission will approve, approve with conditions, or deny the
request pursuant to chapter 21A.52 of this title.
b. Requests for additional building height for properties located in an H historic
preservation overlay district shall be reviewed by the historic landmarks commission
which may grant such requests subject to the provisions of section 21A.34.020 of this
title.
SECTION 10. Amending text of Salt Lake City Code section 21A.24.080.D.6. That
section 21A.24.080.D.6 of the Salt Lake City Code(Zoning: Residential Districts: SR-1 and SR-
IA Special Development Pattern Residential District: Maximum Building Height), shall be, and
hereby is, amended to read as follows:
6. a. For properties outside of the H historic preservation overlay district, additional
building height may be granted as a special exception by the planning commission
subject to the special exception standards in chapter 21A.52 of this title and if the
proposed building height is in keeping with the development pattern on the block
face. The planning commission will approve, approve with conditions, or deny the
request pursuant to chapter 21A.52 of this title.
b. Requests for additional building height for properties located in an H historic
preservation overlay district shall be reviewed by the historic landmarks commission
which may grant such requests subject to the provisions of section 21A.34.020 of this
title.
SECTION 11. Amending text of Salt Lake City Code section 21A.24.100.D.6. That
section 21 A.24.100.D.6 of the Salt Lake City Code (Zoning: Residential Districts: SR-3 Special
Development Pattern Residential District: Maximum Building Height), shall be, and hereby is,
amended to read as follows:
6. a. For properties outside of the H historic preservation overlay district, additional
building height may be granted as a special exception by the planning commission
subject to the special exception standards in chapter 21A.52 of this title and if the
proposed building height is in keeping with the development pattern on the block
face. The planning commission will approve, approve with conditions, or deny the
request pursuant to chapter 21A.52 of this title.
b. Requests for additional building height for properties located in an H historic
preservation overlay district shall be reviewed by the historic landmarks commission
which may grant such requests subject to the provisions of section 21A.34.020 of this
title.
SECTION 12. Amending text of Salt Lake City Code section 21A.24.110.D.6. That
section 21A.24.110.D.6 of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single-
and Two-Family Residential District: Maximum Building Height), shall be, and hereby is,
amended to read as follows:
6. a. For properties outside of the H historic preservation overlay district, additional
building height may be granted as a special exception by the planning commission
subject to the special exception standards in chapter 21A.52 of this title and if the
proposed building height is in keeping with the development pattern on the block
face. The planning commission will approve, approve with conditions, or deny the
request pursuant to chapter 21A.52 of this title.
b. Requests for additional building height for properties located in an H historic
preservation overlay district shall be reviewed by the historic landmarks commission
which may grant such requests subject to the provisions of section 21A.34.020 of this
title.
SECTION 13. Amending text of Salt Lake City Code section 21A.26.010.J.1.a. That
section 21A.26.010.J.1.a of the Salt Lake City Code (Zoning: Commercial Districts: General
Provisions: Modifications to Maximum Height), shall be, and hereby is, amended to read as
follows:
1. Modifications Of Ten Percent Or Less Of Maximum Height:
a. The planning commission may approve, as a special exception, additional height not
exceeding ten percent(10%) of the maximum height pursuant to the standards and
procedures of chapter 21A.52 of this title. Specific conditions for approval are found
in chapter 21A.52 of this title.
SECTION 14. Amending text of Salt Lake City Code section 21A.34.120. That sections
21A.34.120.G and 21A.34.120.H of the Salt Lake City Code (Zoning: Overlay Districts:
Yalecrest Compatible Infill Overlay District), shall be, and hereby are, amended (the remainder
of chapter 21A.34.120 is not affected by this amendment) to read as follows:
G. Special Exception For Garages: A garage built into a hillside and located forward of the
front line of the building may be allowed as a special exception granted by the planning
corrunission, subject to the following standards:
1. The rear and side yards cannot be reasonably accessed for the purpose of parking.
2. Because of the topography of the lot it is impossible to construct a garage and satisfy
the standards of the YCI.
3. The ceiling elevation of the garage is below the elevation of the first or main floor of
the house.
4. The garage meets all applicable yard requirements.
H. [Deleted]
SECTION 15. Amending text of Salt Lake City Code section 21A.36.020.B. That note 2
to Table 21A.36.020.B appearing in section 21A.36.020.B of the Salt Lake City Code (Zoning:
General Provisions: Obstructions in Required Yards), shall be, and hereby is, amended to read as
follows:
2. Below grade encroachments (encroachments which are completely below grade where
the surface grade remains intact and where the below grade encroachment is not visible
from the surface) into required yards shall be treated as a special exception in accordance
with the procedures set forth in chapter 21A.52 of this title.
SECTION 16. Amending text of Salt Lake City Code section 21A.36.030.D. That
section 21A.36.030.D of the Salt Lake City Code (Zoning: General Provisions: Home
Occupations: Conditional Home Occupations), shall be, and hereby is, amended to read as
follows:
D. Conditional Home Occupations:
1. The following home occupations, which either require a client to come to the home or
which may result in neighborhood impacts if not properly managed, may be
authorized by the planning commission as an accessory use only by special exception
pursuant to standards specified in this section as well as the provisions of chapter
21A.52 of this title:
a. Barbers, cosmetologists, manicurists;
b. Consultant services;
c. Physicians, therapists, massage therapists;
d. Home instruction of musical instruments, voice, dance, acting and educational
subjects;
e. Small appliance/electronics/equipment repair or service(items which can be
carried in 1 individual's arms);
f Dressmaker/tailor where there is no cleaning, dyeing or pressing by mechanically
operated equipment;
g. Contractor, "handyman", and landscape or yard maintenance contractor; subject to
the special conditions that no construction materials or equipment will be stored
on the premises;
h. Artists, photographers; and
i. Other similar personal or professional services where the client comes to the
home.
2. The planning commission may delegate authority to the planning director to handle
special exceptions for conditional home occupations. The planning director will
review and approve applications in accordance with the provisions of chapter 21A.52
of this title.
SECTION 17. Amending text of Salt Lake City Code section 21A.36.030.I. That section
21A.36.030.I of the Salt Lake City Code (Zoning: General Provisions: Home Occupations:
Decision by Board of Adjustment or Zoning Administrator), shall be, and hereby is, amended to
read as follows:
I. Decision By Planning Commission or Planning Director: The planning commission or
planning director shall issue a permit for the home occupation if the planning commission
or planning director finds that:
1. The provisions of this title are satisfied;
2. The home occupation will be in keeping with the character of the neighborhood and
will not adversely affect the desirability or stability of the neighborhood;
3. The home occupation does not diminish the use and enjoyment of adjacent properties
or create an adverse parking impact on adjacent streets or properties;
4. The home occupation will not negatively impact the future use of the property as a
residence;
5. The home occupation will not adversely affect the public health, safety or welfare;
and
6. The home occupation conforms with all fire,building,plumbing, electrical and health
codes.
SECTION 18. Amending text of Salt Lake City Code section 21A.36.030.K. That
section 21A.36.030.K of the Salt Lake City Code(Zoning: General Provisions: Home
Occupations: Appeals), shall be, and hereby is, amended to read as follows:
K. Appeals: •
1. Any termination of a home occupation may be appealed pursuant to the provisions of
title 5, chapter 5.02 of this code as if the termination were a business license
revocation.
2. Any person adversely affected by the denial or issuance of a permit for a home
occupation may appeal that decision to the land use appeals board pursuant to chapter
21A.52 of this title.
SECTION 19. Amending text of Salt Lake City Code section 21A.38.080.E.2.b. That
section 21A.38.080.E.2.b of the Salt Lake City Code(Zoning: Nonconforming Uses and
Noncomplying Structures: Moving, Enlarging or Altering Nonconforming Uses of Land and
Structures), shall be, and hereby is, amended to read as follows:
b. Nonconforming Nonresidential Uses: The planning commission may authorize as a
special exception the reconstruction and reestablishment of a legal nonconforming
nonresidential use structure subject to consideration of the following:
(1) 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;
(2) 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);
(3) 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
(4) Consideration of the enforcement history of the property regarding any continual
public nuisance generated by the nonconforming use activity.
SECTION 20. Amending text of Salt Lake City Code section 21A.38.090.C.2.b(2). That
section 21A.38.090.C.2.b(2) of the Salt Lake City Code (Zoning: Nonconforming Uses and
Noncomplying Structures: Noncomplying Structures: Damage or Partial Destruction of
Noncomplying Structure), shall be, and hereby is, amended to read as follows:
(2) Nonconforming Nonresidential Uses: The planning commission 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.
SECTION 21. Amending text of Salt Lake City Code section 21A.40.110. That section
21A.40.110 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures:
Automatic Amusement Devices), shall be, and hereby is, amended to read as follows:
21A.40.110 [Deleted]
SECTION 22. Amending text of Salt Lake City Code section 21A.40.120.E.2.g. That
section 21A.40.120.E.2.g of the Salt Lake City Code(Zoning: Accessory Uses, Buildings and
Structures: Regulation of Fences, Walls and Hedges: Height Restrictions), shall be, and hereby
is, amended to read as follows:
g. Special Exception Approval Standards: The planning commission or historic landmark
commission may approve taller fencing if it is found that the extra height is necessary for
the security of the property in question as defined in chapter 21A.52 of this title.
SECTION 23. Amending text of Salt Lake City Code section 21A.40.120.I. That section
21 A.40.120.I of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures:
Regulation of Fences, Walls and Hedges: Barbed Wire Fences), shall be, and hereby is, amended
to read as follows:
I. Barbed Wire Fences:
1. Permitted Use: Barbed wire fencing is allowed as a permitted use in the AG, AG-2,
AG-5, AG-20, A, CG, M-1, M-2 and D-2 districts.
2. Special Exception: Barbed wire fencing may be approved for nonresidential uses as a
special exception pursuant to chapter 21A.52 of this title, in all zoning districts except
for those listed above as permitted uses. The planning commission may approve as
special exceptions, the placement of barbed wire fences, for security reasons, or for
the keeping of animals around nonresidential properties, transformer stations,
microwave stations, construction sites or other similar publicly necessary or
dangerous sites,provided the requested fence is not in any residential district and is
not on or near the property Iine of a lot which is occupied as a place of residence.
3. Location Requirements: Barbed wire fencing shall not be allowed in required front
yard setbacks nor along frontages on streets defined as gateway streets in Salt Lake
City's adopted urban design element master plan.
4. Special Design Regulations: No strand of barbed wire shall be permitted less than six
feet(6') high. No more than three (3) strands of barbed wire are permitted. The
barbed wire strands shall not slant outward from the fence more than sixty degrees
(60°) from a vertical line. No barbed wire strand shall project over public property. If
the barbed wire proposed slants outward over adjoining private property the applicant
must submit written consent from adjoining property owner agreeing to such a
projection over the property line.
5. Special Exception Approval Standards: The planning commission may approve, as a
special exception, the building permit for a barbed wire fence if it is found that the
applicant has shown that the fence is reasonably necessary for security in that it
protects people from dangerous sites and conditions such as transformer stations,
microwave station or construction sites.
SECTION 24. Amending text of Salt Lake City Code section 21A.40.120.J. That section
21A.40.120.J of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures:
Regulation of Fences, Walls and Hedges: Razor Wire Fences), shall be, and hereby is, amended
to read as follows:
J. Razor Wire Fences
1. Special Exception: Razor wire fencing may be approved for nonresidential uses as a
special exception pursuant to chapter 21A.52 of this title, in the A, CG, D-2, M-1 and
M-2 zoning districts. The planning commission may approve as a special exception
the placement of razor wire fences, for security reasons, around commercial or
industrial uses,transformer stations, microwave stations, or other similar public
necessity or dangerous sites;provided,that the requested fence is not on the property
line of a lot which is occupied as a place of residence.
2. Location Requirements: Razor wire fencing shall not be allowed in required front or
corner side yard setback.
3. Special Design Regulations: No strand of razor wire shall be permitted on a fence that
is less than seven feet(7') high. Razor wire coils shall not exceed eighteen inches
(18")in diameter and must slant inward from the fence to which the razor wire is
being attached.
4. Special Exception Approval Standards: The planning commission may approve razor
wire fencing if the commission finds that the applicant has shown that razor wire is
necessary for the security of the property in question.
SECTION 25. Amending text of Salt Lake City Code to adopt subsection 21A.44.020.F9.
That section 21A.44.020 of the Salt Lake City Code (Zoning: Off Street Parking and Loading:
General Off Street Parking Requirements), shall be, and hereby is, amended to adopt subsection
21A.44.020.F9,which shall read as follows:
9. Vehicle and equipment storage: In CG, M-1,M-2 and EI zoning districts,vehicle and
equipment storage may be allowed without hard surfacing as a special exception
provided:
a. The lot is used for long term vehicle storage,not for regular parking and/or
maneuvering.
b. The vehicles stored are large and/or on tracks that could destroy normal hard
surfacing.
c. The parking surface is compacted with six inches of road base and other semi-
hard material with long lasting dust control chemical applied annually.
d. A hard surfaced wash bay is installed to wash wheels to prevent tracking of mud
and sand onto the public way.
e. A minimum of 50 feet paved driveway from the public street property line.
f. City Traffic Engineer's approval.
SECTION 26. Amending text of Salt Lake City Code section 21A.46.070.V. That
section 21A.46.070.V of the Salt Lake City Code (Zoning: Signs: General Standards: Historic
District Signs), shall be, and hereby is, amended to read as follows:
V. Historic District Signs: The historic landmark commission may authorize, as a special
exception, modification to an existing sign or the size or placement of a new sign in a
historic district or on a landmark site if the applicant can demonstrate that the location,
size and/or design of the proposed sign is compatible with the design period or theme of
the historic structure or district and/or will cause less physical damage to the historically
significant structure.
SECTION 27. Amending text of Salt Lake City Code chapter 21A.52. That chapter
21A.52 of the Salt Lake City Code (Zoning: Special Exceptions), shall be, and hereby is,
amended to read as follows:
Chapter 21A.52
SPECIAL EXCEPTIONS
21A.52.010—Purpose Statement
The planning commission or historic landmark commission may delegate its authority as
necessary to the planning director to make a determination regarding special exceptions. The
planning director may approve the special exceptions authorized by this title in accordance
with the procedures and standards set out in this chapter and other regulations applicable to
the district in which the subject property is located.
21A.52.020—Definition
A special exception is an activity or use incidental to or in addition to the principal use(s)
permitted in a zoning district or an adjustment to a fixed dimension standard permitted as
exception to the requirements of this title of less potential impact than a conditional use but
which requires a careful review of such factors as location, design, configuration and/or
impacts to determine the desirability of authorizing its establishment on any given site.
21A.52.030—Special Exceptions Authorized
In addition to any other special exceptions authorized elsewhere in this title, the following
special exceptions are authorized under the provisions of this title:
1. Accessory building height, including wall height, in excess of the permitted height
provided:
a. The extra height is for architectural purposes only, such as a steep roof to match
existing primary structure or neighborhood character.
b. The extra height is to be used for storage of household goods or truss webbing
and not to create a second level.
c. No windows are located in the roof or on the second level unless it is a design
feature only.
d. No commercial use is made of the structure or residential use unless it complies
with the accessory dwelling unit regulations in chapter 21A.XX.
2. Accessory structures in the front yard of double frontage lots, which do not have any
rear yard provided:
a. The required site visibility triangle shall be maintained at all times.
b. The structure meets all other size and height limits governed by the zoning
ordinance.
3. Additional height for fences,walls or similar structures may be granted to exceed the
height limits established for fences and walls in chapter 21A.40 of this title if it is
determined that there will be no negative impacts upon the established character of
the affected neighborhood and streetscape, maintenance of public and private views,
and matters of public safety. Approval of fences,walls and other similar structures
may be granted under the following circumstances subject to compliance with other
applicable requirements.
a. Exceeding the allowable height limits; provided, that the fence, wall or structure
is constructed of wrought iron, tubular steel or other similar material, and that the
open, spatial and nonstructural area of the fence, wall or other similar structure
constitutes at least eighty percent (80%) of its total area;
b. Exceeding the allowable height limits within thirty feet(30') of the intersection of
front property lines on any corner lot; unless the City's traffic engineer determines
that permitting the additional height would cause an unsafe traffic condition.
c. Incorporation of ornamental features or architectural embellishments which
extend above the allowable height limits;
d. Exceeding the allowable height limits,when erected around schools and approved
recreational uses which require special height considerations;
e. Exceeding the allowable height limits, in cases where it is determined that a
negative impact occurs because of levels of noise,pollution, light or other
encroachments on the rights to privacy, safety, security and aesthetics.
f. Keeping within the character of the neighborhood and urban design of the city;
g. Avoiding a walled in effect in the front yard of any property in a residential
district where the clear character of the neighborhood in front yard areas is one of
open spaces from property to property; or
h. Posing a safety hazard when there is a driveway on the petitioners' property or
neighbor's property adjacent to the proposed fence, wall or similar structure.
4. Additional building height in commercial districts are subject to the standards in
chapter 21A.26.
5. Additional foothills building height, including wall height, shall comply with the
standards in chapter 21A.24.
6. Additional residential building height, including wall height, in the R-1 districts, R-2
districts and SR districts shall comply with the standards in chapter 21A.24.
7. Alternative parking requests shall comply with the standards and considerations of
chapter 21.44.
8. Barbed wire fences may be approved subject to the regulations of chapter 21A.40.
9. ConditionaI home occupations subject to the regulations and conditions of chapter
21A.36.
10. Dividing existing lots containing two or more separate residential structures into
separate lots that would not meet lot size, frontage width or setbacks provided:
a. The residential structures for the proposed lot split already exist and were
constructed legally.
b. The planning director agrees and is willing to approve a minor subdivision
application.
c. Required parking equal to the parking requirement that existed at the time that
each dwelling unit was constructed.
11. Front yard parking shall comply with the standards found in chapter 21A.44.
12. Grade changes and retaining walls are subject to the regulations and standards of
chapter 21.36.
13. Ground mounted central air conditioning compression or systems, heating,
ventilating,pool and filtering equipment located in required side and rear yards
within four feet of the property line. The mechanical equipment shall comply with
applicable Salt Lake County Health Department noise standards.
14. Hobby shop, art studio, exercise room or a dressing room adjacent to a swimming
pool, or other similar uses in an accessory structure, subject to the following
conditions:
a. The height of the accessory structure shall not exceed the height limit established
by the underlying zoning district unless a special exception allowing additional
height is allowed.
b. If an accessory building is located within ten (10') feet of a property line,no
windows shall be allowed in the walls adjacent to the property lines.
c. If the accessory building is detached, it must be located in the rear yard.
d. The total covered area for an accessory building shall not exceed fifty(50%)
percent of the building footprint of the principal structure, subject to all accessory
building size limitations.
15. Inline additions to existing residential or commercial buildings, which are non-
complying as to yard area or height regulations provided:
a. The addition follows the existing building line and does not create any new
noncompliance.
b. No additional dwelling units are added to the structure.
c. The addition is a legitimate architectural addition with rooflines and exterior
materials designed to be compatible with the original structure.
16. Operation of registered home daycare or registered home preschool facility in
residential districts subject to the standards of chapter 21A.36.
17. Outdoor dining in required front, rear and side yards subject to the regulations and
standards of chapter 21A.40.
18. Razor wire fencing may be approved subject to the regulations and standards in
chapter 21A.40.
19. Replacement or reconstruction of any existing non-complying segment of a
residential or commercial structure or full replacement of a noncomplying accessory
structure provided:
a. The owner documents that the new construction does not encroach further into
any required rear yard than the structure being replaced.
b. The addition or replacement is compatible in design, size and architectural style
with the remaining or previous structure.
20. Underground building encroachments into the front, side, rear and corner side yard
setbacks provided the addition is totally underground and there is no visual evidence
that such an encroachment exists.
21. Window mounted refrigerated air conditioner and evaporative swamp coolers located
in required front, corner, side and rear yards within two feet of a property line shall
comply with applicable Salt Lake County Health Department noise standards.
21A.52.040—Procedure
A. An application for a special exception shall be processed in accordance with the
following procedures:
1. Application: An application may be made by the owner of the subject property or the
owner's authorized agent to the planning director on a form or forms provided by the
planning director,which shall include at least the following information, unless
deemed unnecessary by the planning director:
a. The applicant's name, address, telephone number, email address and interest in
the subject property;
b. The owner's name, address and telephone number, if different than the applicant,
and the owner's signed consent to the filing of the application;
c. The street address and legal description of the subject property;
d. The Salt Lake County property tax number;
e. The proposed title of the project and the names, addresses and telephone numbers
of the architect, landscape architect,planner or engineer on the project;
f. A complete description of the proposed special exception;
g. A plan or drawing drawn to a scale of one inch equals twenty feet(1"=20') or
larger which includes the following information:
(1) Actual dimensions of the lot,
(2) Exact sizes and location of all existing and proposed buildings or
other structures,
(3) Driveways,
(4) Parking spaces,
(5) Safety curbs,
(6) Landscaping,
(7) Location of trash receptacles, and
(8) Drainage features;
h. Traffic impact analysis;
i. Such other and further information or documentation as the planning
director may deem necessary or appropriate for a full and proper
consideration and disposition of the particular application.
2. Determination of Completeness: Upon receipt of an application for a special
exception, the planning director shall make a determination of completeness pursuant
to chapter 21A.10 of this title, and that the applicant has submitted all of the
information necessary to satisfy the notification requirements of chapter 21A.10 of
this title.
3. Fee: The application for a special exception shall be accompanied by the fee
established on the fee schedule, chapter 21A.64 of this title.
4. Notice: A notice of application for a special exception shall be provided in
accordance with chapter 21A.10.
5. Approval Process: The approval process for a special exception as listed in this title is
a two tiered process as follows:
A. Review and Decision by the Planning Director: On the basis of written findings of
fact, the planning director or the planning director's designee shall either approve,
deny or conditionally approve an application for a special exception based on the
standards in this chapter. The decision of the planning director shall become
effective at the time the decision is made.
B. Referral of Application by Planning Director to Planning Commission: The
planning director or the planning director's designee may refer any application to
the planning commission due to the complexity of the application, the
significance in change to the property or the surrounding area.
21A.52.050—Coordinated Review and Approval of Applications
Whenever an application for a special exception requires a variance, the applicant shall
indicate that fact on the application and shall first file a variance application with the board of
adjustment. The special exception shall then be reviewed after a public hearing by the board
of adjustment on the variance request.
21A.52.060—General Standards and Considerations for Special Exceptions
No application for a special exception shall be approved unless the planning commission or
the planning director determines that the proposed special exception is appropriate in the
location proposed based upon its consideration of the general standards set forth below and,
where applicable, the specific conditions for certain special exceptions.
A. Compliance with ordinance and district purposes: The proposed use and development
will be in harmony with the general and specific purposes for which this title was
enacted and for which the regulations of the district were established.
B. No substantial impairment of property value: The proposed use and development will
not substantially diminish or impair the value of the property within the neighborhood
in which it is located.
C. No undue adverse impact: The proposed use and development will not have a
material adverse effect upon the character of the area or the public health, safety and
general welfare.
D. Compatible with surrounding development: The proposed special exception will be
constructed, arranged and operated so as to be compatible with the use and
development of neighboring property in accordance with the applicable district
regulations.
E. No destruction of significant features: The proposed use and development will not
result in the destruction, loss or damage of natural, scenic or historic features of
significant importance.
F. No material pollution of environment: The proposed use and development will not
cause material air,water, soil or noise pollution or other types of pollution.
G. Compliance with standards: The proposed use and development complies with all
additional standards imposed on it pursuant to this chapter.
21A.52.070—Conditions on Special Exceptions
Conditions and limitations necessary or appropriate to prevent or minimize adverse effects
upon other property and improvements in the vicinity of the special exception or upon public
facilities and services may be imposed on each application. These conditions may include,
but are not limited to, conditions concerning use, construction, operation, character, location,
landscaping, screening and other matters relating to the purposes and objectives of this title.
Such conditions shall be expressly set forth in the approval record of the special exception.
21A.52.080—Relation of Special Exception
A special exception shall be deemed to relate to, and be for the benefit of, the use and lot in
question rather than the owner or operator of such use or lot.
21A.52.090—Amendments to Special Exceptions
A special exception may be amended, varied or altered only pursuant to the procedures and
subject to the standards and limitations provided in this chapter for its original approval.
21A.52.100 —Extensions of Time
Subject to an extension of time granted upon application to the planning director, no special
exception shall be valid for a period longer than one year unless a building permit is issued or
complete building plans have been submitted to the division of building services and
licensing within that period. The planning director may grant an extension of a special
exception for up to one additional year when the applicant is able to demonstrate no change
in circumstance that would result in an unmitigated impact. Extension requests must be
submitted to the planing director in writing prior to the expiration of the exception.
21A.52.110—Authority to Inspect
The planning director or their designee shall have the authority to inspect all properties for
compliance with special exception conditions as often as necessary to assure continued
compliance.
21A.52.120—Appeal of Decision
A. Any party aggrieved by a decision of the planning director may appeal the decision to the
planning commission pursuant to the provisions in chapter 21A.16 of this title.
B. Any party aggrieved by a decision of the planning commission on an application for a
special exception may file an appeal to the land use appeals board within ten (10) days of
the date of the decision. The filing of the appeal shall not stay the decision of the
planning commission pending the outcome of the appeal, unless the planning commission
takes specific action to stay a decision.
21A.52.130—Revocation of Special Exceptions
Violation of any such condition or limitation shall be a violation of this title and shall
constitute grounds for revocation of the special exception. If the planning director
determines that the conditions of a special exception or other applicable provisions of this
title are not met, the planning director may initiate action to revoke a special exception.
A. Notice: Notice of a hearing by the planning commission to consider revocation shall be
given pursuant to the requirements of chapter 21 A.10 of this title. The notice shall inform
the holder of the special exception of the grounds for the revocation and set a hearing
date.
B. Public hearing: The scheduled hearing shall conform to the requirements of chapter
21A.10 of this title.
C. Planning Commission decision: Following the hearing, the planning commission shall
decide whether or not to revoke the special exception in accordance with the findings and
decisions in chapter 21A.10 of this title.
21A.52.140—Effect on Denial of Special Exception
No application for a special exception shall be considered by the planning commission or the
planning commission's designee within one year of a final decision upon a prior application
covering substantially the same subject on substantially the same property if the prior
application was denied and not appealed.
SECTION 28. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this 6th day of December
2011.
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