096 of 1993 - Enacting Chapter 21.85 providing forthis
STATE OF UTAH,
City and County of Salt Lake,
I,
-1ECEIVED
FEB 0 2 1994
'STY RECORDFF
Scott C. Crandall Deputy , City Recorder of Salt Lake City, Utah, do hereby
certify that the attached document is a full, true and correct copy of
..... . ,Ordinance. 96, of. 1993(Enacting, Chapter, ,Z1; 8,5, providipg, ,for, a,l,ter ,a,tive
parking requirements)
passed by City Council/Executive Action of Salt Lake City, Utah, December 7, 19.93 .
as appears of record in my office.
IN WITNESS WHEREOF, I have hereunt• et my h: d and affixed orporate seal of said City,
29th
19.93.
CID
CO
Scott C. C an. al Deputy City Recorder
Published December 17, 1993 19.9.3. ,
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P 93-496
SALT LAKE CITY ORDINANCE
No. 96 of 1993
(Enacting Chapter 21.85 providing for
alternative parking requirements)
AN ORDINANCE ENACTING SECTION 21.85 PROVIDING A PROCESS FOR
APPROVING ALTERNATIVE PPARKING REQUIREMENTS UNDER SPECIFIED
SITUATIONS.
WHEREAS, in response to a petition initiated by City staff
the City Council of Salt Lake City, Utah has held public hearings
before its own body and before the Planning Commission concerning
the need to allow flexibility under certain circumstances in the
City's parking requirements; and
WHEREAS, the City Council has determined that adoption of
the following Chapter 21.85 is in the best interests of the City;
THEREFORE, the City Council of Salt Lake City, Utah hereby
adopts the following Chapter 21.85 of the Salt Lake City Code.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 21.85 be, and the same hereby is,
enacted to read as follows:
Chapter 21.85
Alternative Parking Provisions
Sections:
21.85.010 General applicability.
21.85.020 Definitions.
21.85.030 Intensified Parking Reuses in a Commercial "C-4"
District.
21.85.040 Alternative parking requirements authorized.
21.85.050 Application.
21.85.060 Modification of parking geometries.
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21.85.070 Alternatives to on -site parking.
21.-85.080 City internal review.
21.85.090 Public notice.
21.85.100 Planning Director administrative approval.
21.85.110 Administrative hearing.
21.85.120 Intensified Parking Reuse parking reduction.
21.85.130 Appeal of administrative decision.
21.85.140 Relation to variances.
21.85.150 Conditions.
21.85.160 Limitation on period of alternative parking
requirement.
21.85.170 Recordation of alternative parking requirement.
Section 21.85.010 General applicability.
The purpose of this Chapter is to allow alternative parking
requirements for certain uses to prevent land from being devoted
unnecessarily to parking spaces when other parking solutions
respond equally or better to the parking needs of the property,
the enjoyment of neighboring property rights and the general
neighborhood compatibility. This alternative parking requirement
process is intended to allow a reduced number of required off-
street parking stalls when there is documentation that actual
parking demand is less than anticipated by Chapter 21.84, when
the special circumstances specified below justify satisfying a
portion of a parking requirement by means other than on -site
parking, or when a reduction in required parking numbers is
otherwise approved. Under the circumstances specified below, the
2
parking requirements of Chapter 21.84 may be modified subject to
the process below.
Section 21.85.020 Definitions.
A. "Intensified Parking Reuse" means the change of the use
of a building or structure, the past or present use of which may
or may not be legally non -conforming as to parking, to a use
which would require a greater number of parking stalls available
on site which would otherwise be required pursuant to Chapter
21.84. Intensified Parking Reuse shall not include residential
uses in residential zoning districts other than Single Room
Occupancy Residential Uses and Unique Residential Populations as
specified below.
B. "Alternative Parking Property" means the property for
which an alternative parking requirement pursuant to this chapter
is proposed.
C. "Employer Sponsored Employee Van Pool" means a program
offered by a business or in conjunction with the Utah Transit
Authority to provide a multi -passenger van for employee
transportation.
D. "Employer Sponsored Public Transportation Program"
means a program offering free or substantially discounted passes
on the Utah Transit Authority to employees.
E. "Leased Parking" means the lease, for a period of not
less than five years, of parking spaces not required for any
other use and located within 500 feet measured between a public
entrance to the Alternative Parking Property place of pedestrian CCO
egress from the Leased Parking along the shortest public
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pedestrian or vehicle way, except that in the Commercial "C-4"
district the distance to the Leased Parking may be up to 1200
feet measured between a public entrance to the Alternative
Parking Property and a place of pedestrian egress from the Leased
Parking along the shortest public pedestrian or vehicle way.
F. "Off -site Parking" means parking under the same
ownership as the Alternative Parking Property located within 500
feet of the alternative Parking Property, or within 1200 feet in
a Commercial "C-4" District, measured between a public entrance
to the Alternative Parking Property and a place of pedestrian
egress from the Off -site Parking along the shortest public
pedestrian or vehicle way, and which parking is not required or
dedicated for another use;
G. "Parking Study" means a study prepared by a licensed
professional traffic engineer specifically addressing the parking
demand generated by a use for which an alternative parking
requirement is sought and which provides the City the information
necessary to determine whether the requested alternative parking
requirement will have a material negative impact to adjacent or
neighboring properties and be in the best interests of the City.
H. "Shared Parking" means the use of one or more parking
lots or facilities on a single parcel of property or other
properties within 500 feet measured between a public entrance to
the Alternative Parking Property and the place of pedestrian
egress from the Shared Parking along the shortest public
pedestrian or vehicle way with multiple uses sharing the use
during differing periods of the day of the same required parking
4
stalls. If the Shared Parking property is not under the same
ownership as the Alternative Parking Property, the Shared Parking
Property must consent to the recordation of the parking sharing
as provided by Section 21.85.170 below. In the Commercial "C-4"
District, the distance to the Shared Parking Property may be up
to 1200 hundred feet measured between a public entrance to the
Alternative Parking Property and a place of pedestrian egress
from the Shared Parking Property along the shortest public
pedestrian or vehicle way.
I. "Single Room Occupancy Residential Use" means a
residential dwelling facility containing individual dwelling
units none of which may exceed 500 square feet and which is
located in an appropriate zone.
J. "Unique Non-residential Use" means the non-residential
use of building resulting in a documented need for fewer parking
stalls than would otherwise be required by Chapter 21.84 due to
the building's particular design, size or use.
K. "Unique Residential Population" means occupants of a
residential facility who are unlikely to drive automobiles
requiring parking spaces for reasons such as age or physical or
mental disabilities.
21.85.030 Intensified Parking Reuses in a Commercial "C-4"
District.
Intensified Parking Reuses within the Commercial "C-4"
district shall not be required to provide any more parking stalls
than that number currently used by the existing use.
5
21.85.040 Alternative parking requirements authorized.
Pursuant to the process below the City may authorize an
alternative parking requirement for Intensified Parking Reuses,
Unique Non -Residential Uses, Single Room Occupancy Dwelling Units
and uses involving Unique Residential Populations, the provisions
of Chapter 21.84 notwithstanding.
21.85.050 Application.
A. Application for an alternative parking requirement
shall be made on a form provided by the City. The form shall
specify and include the following:
1. A written statement specifying the alternative
parking requirement requested and the reasons therefor.
2. A site plan of the entire Alternative Parking
Property drawn to scale at a minimum of one inch equals
thirty feet showing the proposed parking;
3. A parking study for alternative parking
requirements requested for Unique Non-residential Uses or
Intensified Parking Reuses.
B. The applicant shall pay a one hundred dollar filing
fee.
1
C. The applicant shall also provide the names, postage and
mailing addresses, on gummed mailing labels, for:
1. Property owners within 85 feet of any property
lines of the Alternative Parking Property and, if the
alternative parking requirement seeks permission to use
Leased, Off -site or Shared Parking, of the property owners
6
within 85 feet of any property line of the Leased, Off -site
or Shared Parking Property;
2. Property owners on both sides of the same street
frontage as the address of the Alternative Parking Property,
except that where the street frontage exceeds 660 feet the
notification shall be limited to 660 total feet distributed,
to the extent possible, on each side of the Alternative
Parking Property;
3. If the alternative parking requirement proposal
uses Leased, Off -site or Shared Parking, property owners on
both sides of the same street frontage as the address of the
Leased, Off -site or Shared Parking, except that where the
street frontage exceeds 660 feet, the notification shall be
limited to 660 total feet distributed, to the extent
possible, on each side of the Leased, Off -site or Shared
Parking Property;
4. If the proposed Alternative Parking Property or
the proposed Leased, Off -site or Shared Parking Property
uses access from a public street or right-of-way other than
the address of roperty specified in Subsections C.2. and
C.3. above, the property owners on the frontage of both
sides of any public street, alley or right-of-way providing
access to the Alternative Parking Property or the Leased,
Off -site or Shared Parking Property, except that where such
street frontage exceed 660 feet the notification shall be
limited to 660 total feet distributed, to the extent
7
possible, on each side of the Alternative Parking Property
and the Leased, Off -site or Shared Parking Property.
D. The notice requirements of subsection C are illustrated
by the following drawings:
i
8
Example #1
Morrow
Wart
Shaw._
Prong
A`eTarl4ir?'t'%'
Parking
Property
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Example #2
Example #3
Example #4
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Leased. Off -site
orShared Parking
.. ............ ......
660' Maximun ....
"WtemaWe'"`'
Parking
Property
.........,.....,.,,.tic:r•::,..a...,.. ::�Aftsmasve'••..a::»:>% 2..a:..:.:...,.....
Parking
Property
660' Maximun
9
E. The Zoning Administrator shall not accept or process an
incomplete application.
Section 21.85.060 Modification of parking geometries.
In considering a request for an alternative parking
requirement pursuant to this Chapter, the Planning Director may
authorize parking geometry configurations other than those
normally required by City code or policy if such parking
geometries have been approved, and the reasons therefor explained
in writing, by the Division of Transportation.
Section 21.85.070 Alternatives to on -site parking.
In determining compliance with parking requirements, the
City may consider the following alternatives to on -site parking:
A. Off -site Parking;
B. Leased Parking;
C. Shared Parking;
D. An Employer Sponsored Employee Van Pool;
E. An Employer Sponsored Public Transportation Program.
Section 21.85.080 City internal review.
A. The Zoning Administrator shall obtain comments
regarding the applicaftion from all interested City departments or
divisions.
B. The Division of Transportation may, if the Division
determines that the proposal may have an adverse material impact
on traffic, require the applicant to submit a professionally
prepared traffic impact study prior to the hearing on the
application.
10
C. The Planning Director may require a parking study where
the Director deems it appropriate for Unique Residential Use
applications or Single Room Occupancy Residential Uses.
Section 21.85.090 Public notice.
A. Notice of the requested alternative parking requirement
shall be mailed to all property owners specified in Section
21.85.050.C. Notice shall also be mailed to all affected
recognized or registered organizations pursuant to Chapter 2.62.
B. The notice shall specify the requested alternative
parking requirement. The notice shall inform the property owner
of the property owner's right to request an administrative
hearing on the proposed alternative parking requirement. The
notice shall specify that if no request for a hearing is received
by the Zoning Administrator by a date specified in the notice,
not less than ten days after the mailing of the notice, the
Planning Director may consider the alternative parking
requirement proposal without a public hearing.
Section 21.85.100 Planning Director administrative approval.
If no request for a public administrative hearing is
received as required by this Chapter, the Planning Director may
grant the requested alternative parking requirement if the
Planning Director finds:
A. That the request involves a Unique Residential
Population, a Unique Non-residential Use, A single Room Occupancy
Residential Use or an Intensified Parking Reuse;
11
B. That the proposed parking plan will satisfy the
anticipated parking demand for the use up to the maximum number
specified in Chapter 12.84;
C. That the proposed parking plan does not have a material
adverse impact on adjacent or neighboring properties; and
D. That the proposed alternative parking requirement is
consistent with applicable City master plans and is in the best
interest of the City.
Section 21.85.110 Administrative hearing.
A. If any party required to be notified of the alternative
parking requirement requests a hearing, the Planning Director
shall hold an informal administrative hearing not sooner than ten
days after mailing the notice of hearing specified in Subsection
B below.
B. Notice of a requested administrative hearing shall be
mailed to the applicant, any party requesting an administrative
hearing and all affected recognized or registered organizations
pursuant to Chapter 2.62.
C. Prior to the administrative hearing the Planning
Division shall • make a recommendation regarding the proposed
1
alternative parking requirement.
D. The Planning Director shall hold an administrative
hearing and consider testimony received at the hearing.
E. The Planning Director shall follow the Division
recommendation unless it appears by clear and convincing evidence
that a different result is in the best interest of the City.
12
F. The Planning Director shall issue a decision within ten
days of the administrative hearing and shall notify all parties
who attended the hearing or provided evidence to the hearing.
G. The notice of decision shall also specify that the
decision of the Planning Director will be final unless appealed
to the Planning Commission within ten days from the date of
mailing of the decision pursuant to Section 21.85.130 below.
Section 21.85.120 Intensified Parking Reuse parking reduction.
A. For Intensified Parking Reuses, upon a showing that it
is impractical to use the alternatives to on -site parking
provided in Section 21.85.070 to such an extent as to reduce the
number of parking spaces required to meet the provisions of
Chapter 21.84, the Planning Director may reduce the number of
parking stalls required subject to the following procedures and
findings.
B. The applicant shall follow the application and notice
provisions of Section 21.85.050 and the City shall provide the
City internal review pursuant to Section 21.85.080.
C. An administrative hearing shall be held as specified in
Section 21.85.110. Notice of the hearing shall be given to those
properties specified in Section 21.85.050.
D. To reduce the parking, the Planning Director must make
the following findings in writing:
1. That the request involves an Intensified Parking
Reuse;
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2. That the proposed parking plan includes mitigation
strategies for any potential impact on adjacent or
neighboring properties; and
3. That the proposed parking plan is consistent with
applicable City master plans and is in the best interest of
the City.
Section 21.85.130 Appeal of administrative decision.
A. Any person who is aggrieved by the decision of the
Planning Director concerning a proposed Alternative Parking
Requirement and who attended or participated in the
administrative hearing, if any was held, may appeal the decision
of the Planning Director to the Planning Commission by filing a
written notice of appeal within ten days of mailing of the
Planning Director's decision.
B. The notice of appeal shall specify all reasons the
appellant claims the decision of the Planning Director was
erroneous.
C. The appeal of the Planning Director shall be on the
record created at the Planning Director's administrative hearing.
No new evidence may be introduced before the Planning Commission
unless such evidence was improperly excluded from consideration
by the Planning Director at the administrative hearing.
D. During the pendency of any appeal of the Planning
Director's decision to the Planning Commission no building
permits for which the alternative parking requirement is
necessary shall be issued by the City.
14
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417
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E. The Planning Commission shall presume the decision of
the Planning Director to be correct and supported by the evidence
and shall only make a contrary decision if it finds that the
Planning Director's decision was arbitrary, capricious or
incorrect as a matter of law.
Section 21.85.140 Appeals to City Council.
A. Any person who is aggrieved by the decision of the
Planning Commission concerning a proposed alternative parking
requirement and who attended or participated in the
administrative hearing, if any was held, may appeal the decision
of the Planning Commission by filing a written notice of appeal
to the City Council within ten days of the Planning Commission's
decision becoming final.
B. The appeal shall specify any alleged error made by the
Planning Commission.
C. Appeal of the Planning Commission decision shall be
considered by the City Council on the record made before the
Planning Commission. No new evidence will be heard by the City
Council unless such evidence was improperly excluded from
consideration by the#Planning Commission.
D. The City Council shall uphold the decision of the
Planning Commission unless the Council finds that the decision of
the Planning Commission was made in error.
Section 21.85.150 Relation to variances.
If the alternative parking requirement approved pursuant to
this Chapter requires a variance for other zoning conditions the
15
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Board of Adjustment may only hear a variance request after the
processes of this Chapter have been completed.
Section 21.85.160 Conditions.
In approving an alternative parking requirement pursuant to
this Chapter, the City may impose other conditions on the
applicant such as additional landscaping, internal traffic
circulation patterns or the design and location of access drives
to the parking which the City considers necessary to meet the
purpose and intent of this ordinance.
Section 21.85.170 Limitation on period of alternative parking
requirement.
Alternative parking requirements granted pursuant to this
Chapter do not run with the land and are limited to the
conditions under which approval is granted. Any material change
in the design or use of any building or structure which increases
the demand for parking or any material change in the alternative
parking provisions from information provided in the original
application shall invalidate and nullify any granted alternative
parking requirement. Such material changes may be approved only
by the City pursuant to the provisions of this Chapter. The
authorization of an alternative parking requirement shall survive
the sale of the property, and the Zoning Administrator is
authorized to certify such continuation, if the sale makes no
material change in the design or use of any building or structure
which increases the demand for parking or makes any material
change in the alternative parking provisions from information
provided in the original application.
16
Section 21.85.180 Recordation of alternative parking
requirement.
Alternative parking requirements granted pursuant to this
Chapter shall be recorded with the County Recorder for the
Alternative Parking Property and for the property which is
providing the Leased, Off -site or Shared Parking. Alternative
parking requirements shall also be noted in the City's business
license records for the Alternative Parking Property and any
property providing Shared Leased or Off -site Parking.
SECTION 2. This Ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah, this
7th day of
ATTEST:
IE DEP TY CITY RECORDER
December , 1993.
Transmitted to the Mayor on
Mayor's Action: X
TEST:
Le 'Az-
ITY ECORDER
Chief Deputy
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December 10, 1993
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MAYOR
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17 Published: December 17, 19,93
0 93-1
P 93-496
SALT LAKE CITY ORDINANCE
No. 96 of 1993
(Enacting Chapter 21.85 providing for
alternative parking requirements)
AN ORDINANCE ENACTING SECTION 21.85 PROVIDING A PROCESS FOR
APPROVING ALTERNATIVE PARKING REQUIREMENTS UNDER SPECIFIED
SITUATIONS.
WHEREAS, in response to a petition initiated by City staff
the City Council of Salt Lake City, Utah has held public hearings
before its own body and before the Planning Commission concerning
the need to allow flexibility under certain circumstances in the
City's parking requirements; and
WHEREAS, the City Council has determined that adoption of
the following Chapter 21.85 is in the best interests of the City;
THEREFORE, the City Council of Salt Lake City, Utah hereby
adopts the following Chapter 21.85 of the Salt Lake City Code.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 21.85 be, and the same hereby is,
enacted to read as follows:
Chapter 21.85
Alternative Parking Provisions
Sections:
21.85.010 General applicability.
21.85.020 Definitions.
21.85.030 Intensified Parking Reuses in a Commercial "C-4"
District.
21.85.040 Alternative parking requirements authorized.
21.85.050 Application.
21.85.060 Modification of parking geometries.
21.85.070 Alternatives to on -site parking.
21.85.080 City internal review.
21.85.090 Public notice.
21.85.100 Planning Director administrative approval.
21.85.110 Administrative hearing.
21.85.120 Intensified Parking Reuse parking reduction.
21.85.130 Appeal of administrative decision.
21.85.140 Relation to variances.
21.85.150 Conditions.
21.85.160 Limitation on period of alternative parking
requirement.
21.85.170 Recordation of alternative parking requirement.
Section 21.85.010 General applicability.
The purpose of this Chapter is to allow alternative parking
requirements for certain uses to prevent land from being devoted
unnecessarily to parking spaces when other parking solutions
respond equally or better to the parking needs of the property,
the enjoyment of neighboring property rights and the general
neighborhood compatibility. This alternative parking requirement
process is intended to allow a reduced number of required off-
street parking stalls when there is documentation that actual
parking demand is less than anticipated by Chapter 21.84, when
the special circumstances specified below justify satisfying a
portion of a parking requirement by means other than on -site
parking, or when a reduction in required parking numbers is
otherwise approved. Under the circumstances specified below, the
2
parking requirements of Chapter 21.84 may be modified subject to
the process below.
Section 21.85.020 Definitions.
A. "Intensified Parking Reuse" means the change of the use
of a building or structure, the past or present use of which may
or may not be legally non -conforming as to parking, to a use
which would require a greater number of parking stalls available
on site which would otherwise be required pursuant to Chapter
21.84. Intensified Parking Reuse shall not include residential
uses in residential zoning districts other than Single Room
Occupancy Residential Uses and Unique Residential Populations as
specified below.
B. "Alternative Parking Property" means the property for
which an alternative parking requirement pursuant to this chapter
is proposed.
C. "Employer Sponsored Employee Van Pool" means a program
offered by a business or in conjunction with the Utah Transit
Authority to provide a multi -passenger van for employee
transportation.
D. "Employer Sponsored Public Transportation Program"
means a program offering free or substantially discounted passes
on the Utah Transit Authority to employees.
E. "Leased Parking" means the lease, for a period of not
less than five years, of parking spaces not required for any
other use and located within 500 feet measured between a public
entrance to the Alternative Parking Property place of pedestrian
egress from the Leased Parking along the shortest public
3
pedestrian or vehicle way, except that in the Commercial "C-4"
district the distance to the Leased Parking may be up to 1200
feet measured between a public entrance to the Alternative
Parking Property and a place of pedestrian egress from the Leased
Parking along the shortest public pedestrian or vehicle way.
F. "Off -site Parking" means parking under the same
ownership as the Alternative Parking Property located within 500
feet of the alternative Parking Property, or within 1200 feet in
a Commercial "C-4" District, measured between a public entrance
to the Alternative Parking Property and a place of pedestrian
egress from the Off -site Parking along the shortest public
pedestrian or vehicle way, and which parking is not required or
dedicated for another use;
G. "Parking Study" means a study prepared by a licensed
professional traffic engineer specifically addressing the parking
demand generated by a use for which an alternative parking
requirement is sought and which provides the City the information
necessary to determine whether the requested alternative parking
requirement will have a material negative impact to adjacent or
neighboring properties and be in the best interests of the City.
H. "Shared Parking" means the use of one or more parking
lots or facilities on a single parcel of property or other
properties within 500 feet measured between a public entrance to
the Alternative Parking Property and the place of pedestrian
egress from the Shared Parking along the shortest public
pedestrian or vehicle way with multiple uses sharing the use
during differing periods of the day of the same required parking
4
stalls. If the Shared Parking property is not under the same
ownership as the Alternative Parking Property, the Shared Parking
Property must consent to the recordation of the parking sharing
as provided by Section 21.85.170 below. In the Commercial "C-4"
District, the distance to the Shared Parking Property may be up
to 1200 hundred feet measured between a public entrance to the
Alternative Parking Property and a place of pedestrian egress
from the Shared Parking Property along the shortest public
pedestrian or vehicle way.
I. "Single Room Occupancy Residential Use" means a
residential dwelling facility containing individual dwelling
units none of which may exceed 500 square feet and which is
located in an appropriate zone.
J. "Unique Non-residential Use" means the non-residential
use of building resulting in a documented need for fewer parking
stalls than would otherwise be required by Chapter 21.84 due to
the building's particular design, size or use.
K. "Unique Residential Population" means occupants of a
residential facility who are unlikely to drive automobiles
requiring parking spaces for reasons such as age or physical or
mental disabilities.
21.85.030 Intensified Parking Reuses in a Commercial "C-4"
District.
Intensified Parking Reuses within the Commercial "C-4"
district shall not be required to provide any more parking stalls
than that number currently used by the existing use.
5
21.85.040 Alternative parking requirements authorized.
Pursuant to the process below the City may authorize an
alternative parking requirement for Intensified Parking Reuses,
Unique Non -Residential Uses, Single Room Occupancy Dwelling Units
and uses involving Unique Residential Populations, the provisions
of Chapter 21.84 notwithstanding.
21.85.050 Application.
A. Application for an alternative parking requirement
shall be made on a form provided by the City. The form shall
specify and include the following:
1. A written statement specifying the alternative
parking requirement requested and the reasons therefor.
2. A site plan of the entire Alternative Parking
Property drawn to scale at a minimum of one inch equals
thirty feet showing the proposed parking;
3. A parking study for alternative parking
requirements requested for Unique Non-residential Uses or
Intensified Parking Reuses.
B. The applicant shall pay a one hundred dollar filing
fee.
C. The applicant shall also provide the names, postage and
mailing addresses, on gummed mailing labels, for:
1. Property owners within 85 feet of any property
lines of the Alternative Parking Property and, if the
alternative parking requirement seeks permission to use
Leased, Off -site or Shared Parking, of the property owners
6
1
within 85 feet of any property line of the Leased, Off -site
or Shared Parking Property;
2. Property owners on both sides of the same street
frontage as the address of the Alternative Parking Property,
except that where the street frontage exceeds 660 feet the
notification shall be limited to 660 total feet distributed,
to the extent possible, on each side of the Alternative
Parking Property;
3. If the alternative parking requirement proposal
uses Leased, Off -site or Shared Parking, property owners on
both sides of the same street frontage as the address of the
Leased, Off -site or Shared Parking, except that where the
street frontage exceeds 660 feet, the notification shall be
limited to 660 total feet distributed, to the extent
possible, on each side of the Leased, Off -site or Shared
Parking Property;
4. If the proposed Alternative Parking Property or
the proposed Leased, Off -site or Shared Parking Property
uses access from a public street or right-of-way other than
the address of property specified in Subsections C.2. and
C.3. above, the property owners on the frontage of both
sides of any public street, alley or right-of-way providing
access to the Alternative Parking Property or the Leased,
Off -site or Shared Parking Property, except that where such
street frontage exceed 660 feet the notification shall be
limited to 660 total feet distributed, to the extent
7
possible, on each side of the Alternative Parking Property
and the Leased, Off -site or Shared Parking Property.
D. The notice requirements of subsection C are illustrated
by the following drawings:
8
Example #1
Ati
Protang
I.Farnl
9rwlr
PoOd
QAW
e
Aq�h
Example #2
660'
l&emoti e
Parking
Property
Example #3
•
E
M - Leased, Off -site
or Shared Parking
Parking
Property
W
W
Q
Example #4
Alternative
Parking
Properly
660' Maximun
•
9
V
E. The Zoning Administrator shall not accept or process an
incomplete application.
Section 21.85.060 Modification of parking geometries.
In considering a request for an alternative parking
requirement pursuant to this Chapter, the Planning Director may
authorize parking geometry configurations other than those
normally required by City code or policy if such parking
geometries have been approved, and the reasons therefor explained
in writing, by the Division of Transportation.
Section 21.85.070 Alternatives to on -site parking.
In determining compliance with parking requirements, the
City may consider the following alternatives to on -site parking:
A. Off -site Parking;
B. Leased Parking;
C. Shared Parking;
D. An Employer Sponsored Employee Van Pool;
E. An Employer Sponsored Public Transportation Program.
Section 21.85.080 City internal review.
A. The Zoning Administrator shall obtain comments
regarding the application from all interested City departments or
divisions.
B. The Division of Transportation may, if the Division
determines that the proposal may have an adverse material impact
on traffic, require the applicant to submit a professionally
prepared traffic impact study prior to the hearing on the
application.
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C. The Planning Director may require a parking study where
the Director deems it appropriate for Unique Residential Use
applications or Single Room Occupancy Residential Uses.
Section 21.85.090 Public notice.
A. Notice of the requested alternative parking requirement
shall be mailed to all property owners specified in Section
21.85.050.C. Notice shall also be mailed to all affected
recognized or registered organizations pursuant to Chapter 2.62.
B. The notice shall specify the requested alternative
parking requirement. The notice shall inform the property owner
of the property owner's right to request an administrative
hearing on the proposed alternative parking requirement. The
notice shall specify that if no request for a hearing is received
by the Zoning Administrator by a date specified in the notice,
not less than ten days after the mailing of the notice, the
Planning Director may consider the alternative parking
requirement proposal without a public hearing.
Section 21.85.100 Planning Director administrative approval.
If no request for a public administrative hearing is
received as required by this Chapter, the Planning Director may
grant the requested alternative parking requirement if the
Planning Director finds:
A. That the request involves a Unique Residential
Population, a Unique Non-residential Use, A single Room Occupancy
Residential Use or an Intensified Parking Reuse;
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B. That the proposed parking plan will satisfy the
anticipated parking demand for the use up to the maximum number
specified in Chapter 12.84;
C. That the proposed parking plan does not have a material
adverse impact on adjacent or neighboring properties; and
D. That the proposed alternative parking requirement is
consistent with applicable City master plans and is in the best
interest of the City.
Section 21.85.110 Administrative hearing.
A. If any party required to be notified of the alternative
parking requirement requests a hearing, the Planning Director
shall hold an informal administrative hearing not sooner than ten
days after mailing the notice of hearing specified in Subsection
B below.
B. Notice of a requested administrative hearing shall be
mailed to the applicant, any party requesting an administrative
hearing and all affected recognized or registered organizations
pursuant to Chapter 2.62.
C. Prior to the administrative hearing the Planning
Division shall make a recommendation regarding the proposed
alternative parking requirement.
D. The Planning Director shall hold an administrative
hearing and consider testimony received at the hearing.
E. The Planning Director shall follow the Division
recommendation unless it appears by clear and convincing evidence
that a different result is in the best interest of the City.
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F. The Planning Director shall issue a decision within ten
days of the administrative hearing and shall notify all parties
who attended the hearing or provided evidence to the hearing.
G. The notice of decision shall also specify that the
decision of the Planning Director will be final unless appealed
to the Planning Commission within ten days from the date of
mailing of the decision pursuant to Section 21.85.130 below.
Section 21.85.120 Intensified Parking Reuse parking reduction.
A. For Intensified Parking Reuses, upon a showing that it
is impractical to use the alternatives to on -site parking
provided in Section 21.85.070 to such an extent as to reduce the
number of parking spaces required to meet the provisions of
Chapter 21.84, the Planning Director may reduce the number of
parking stalls required subject to the following procedures and
findings.
B. The applicant shall follow the application and notice
provisions of Section 21.85.050 and the City shall provide the
City internal review pursuant to Section 21.85.080.
C. An administrative hearing shall be held as specified in
Section 21.85.110. Notice of the hearing shall be given to those
properties specified in Section 21.85.050.
D. To reduce the parking, the Planning Director must make
the following findings in writing:
1. That the request involves an Intensified Parking
Reuse;
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2. That the proposed parking plan includes mitigation
strategies for any potential impact on adjacent or
neighboring properties; and
3. That the proposed parking plan is consistent with
applicable City master plans and is in the best interest of
the City.
Section 21.85.130 Appeal of administrative decision.
A. Any person who is aggrieved by the decision of the
Planning Director concerning a proposed Alternative Parking
Requirement and who attended or participated in the
administrative hearing, if any was held, may appeal the decision
of the Planning Director to the Planning Commission by filing a
written notice of appeal within ten days of mailing of the
Planning Director's decision.
B. The notice of appeal shall specify all reasons the
appellant claims the decision of the Planning Director was
erroneous.
C The appeal of the Planning Director shall be on the
record created at the Planning Director's administrative hearing.
No new evidence may be introduced before the Planning Commission
unless such evidence was improperly excluded from consideration
by the Planning Director at the administrative hearing.
D. During the pendency of any appeal of the Planning
Director's decision to the Planning Commission no building
permits for which the alternative parking requirement is
necessary shall be issued by the City.
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E. The Planning Commission shall presume the decision of
the Planning Director to be correct and supported by the evidence
and shall only make a contrary decision if it finds that the
Planning Director's decision was arbitrary, capricious or
incorrect as a matter of law.
Section 21.85.140 Appeals to City Council.
A. Any person who is aggrieved by the decision of the
Planning Commission concerning a proposed alternative parking
requirement and who attended or participated in the
administrative hearing, if any was held, may appeal the decision
of the Planning Commission by filing a written notice of appeal
to the City Council within ten days of the Planning Commission's
decision becoming final.
B. The appeal shall specify any alleged error made by the
Planning Commission.
C. Appeal of the Planning Commission decision shall be
considered by the City Council on the record made before the
Planning Commission. No new evidence will be heard by the City
Council unless such evidence was improperly excluded from
consideration by the Planning Commission.
D. The City Council shall uphold the decision of the
Planning Commission unless the Council finds that the decision of
the Planning Commission was made in error.
Section 21.85.150 Relation to variances.
If the alternative parking requirement approved pursuant to
this Chapter requires a variance for other zoning conditions the
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Board of Adjustment may only hear a variance request after the
processes of this Chapter have been completed.
Section 21.85.160 Conditions.
In approving a.n alternative parking requirement pursuant to
this Chapter, the City may impose other conditions on the
applicant such as additional landscaping, internal traffic
circulation patterns or the design and location of access drives
to the parking which the City considers necessary to meet the
purpose and intent of this ordinance.
Section 21.85.170 Limitation on period of alternative parking
requirement.
Alternative parking requirements granted pursuant to this
Chapter do not run with the land and are limited to the
conditions under which approval is granted. Any material change
in the design or use of any building or structure which increases
the demand for parking or any material change in the alternative
parking provisions from information provided in the original
application shall invalidate and nullify any granted alternative
parking requirement.. Such material changes may be approved only
by the City pursuant to the provisions of this Chapter. The
authorization of ari alternative parking requirement shall survive
the sale of the property, and the Zoning Administrator is
authorized to certify such continuation, if the sale makes no
material change in the design or use of any building or structure
which increases the demand for parking or makes any material
change in the alternative parking provisions from information
provided in the original application.
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Section 21.85.180 Recordation of alternative parking
requirement.
Alternative parking requirements granted pursuant to this
Chapter shall be recorded with the County Recorder for the
Alternative Parking Property and for the property which is
providing the Leased, Off -site or Shared Parking. Alternative
parking requirements shall also be noted in the City's business
license records for the Alternative Parking Property and any
property providing Shared Leased or Off -site Parking.
SECTION 2. This Ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah, this
7th day of
ATTEST:
December , 1993.
n �� e_ ..a
DEPUTY CITY RECORDER
Transmitted to the Mayor on December 10, 1993
Mayor's Action:
TEST: C
ITY ECORDER
Chief Deputy
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Bill Noigiaa. 1993
17 Published: December 17, 1993