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Transmittal - 11/9/2020ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS BLAKE THOMAS Director CITY COUNCIL TRANSMITTAL Date Received: Lisa Shaffer, Chief Administrative Officer Date sent to Council: TO: Salt Lake City Council DATE: Chris Wharton, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods SUBJECT: Petition PLNPCM2017-00753 – Off-Street Parking, Mobility, and Loading Zoning Text Amendments STAFF CONTACT: Eric Daems, Senior Planner (801) 535-7236, eric.daems@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: The City Council adopt the proposed parking modifications including the complete re-write of Chapter 21A.44 and all associated ordinance language as has been recommended by the Planning Commission. BUDGET IMPACT: None BACKGROUND/DISCUSSION: As transportation and land uses change over time, the demand for parking changes. Cities frequently struggle to strike a balance between too much parking and inadequate parking. Parking requirements that are too high can waste land, increase development costs, lead to demolition of structures to meet parking requirements, increase stormwater runoff, compromise water quality, and discourage pedestrian activity. Parking requirements that are too low may lead to increased traffic congestion, difficulty leasing or selling property, and spillover parking onto adjacent residential streets. Beginning in June 2017, the Planning Division started working with consulting firm Clarion and Associates to perform a comprehensive review and update of Chapter 21A.44 Off Street Parking, Mobility, and Loading and associated sections of the zoning ordinance. The provisions reviewed determine the parking regulations in all areas of the City, but do not include regulations for on- street parking. The process included internal meetings with City divisions most closely involved with the parking chapter and a thorough public engagement plan that is outlined in Attachment G of the Staff Report (Exhibit 4b). Following the completion of the work of the consultant, Planning SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145460, SALT LAKE CITY, UTAH 84114-5460 TEL 801.535.6230 November 2, 2020 11/4/2020Lisa Shaffer (Nov 9, 2020 07:39 MST) 11/09/2020 Staff worked to address commentary received, finish the public engagement efforts, and to produce a fully revised parking ordinance. Primary goals of the rewrite include updating parking requirements to better reflect market demand and city objectives, simplifying how the ordinance reads and is administered, updating and simplifying technical requirements, and establishing a framework that allows the ordinance to be responsive to changing City dynamics. The Planning Commission Staff Report in Exhibit 4b provides a comprehensive overview and detailed analysis of the proposed zoning text amendments. Additional Considerations: Since the time when the public hearing was held, Planning Staff has identified several items that may warrant additional consideration from the City Council. Bicycle Parking: The current parking ordinance bases bicycle parking standards on vehicle parking stalls provided. The trouble with this approach is that, as reductions to parking are granted through various alternatives, required bicycle parking is also reduced. The approach was creating reduced bicycle parking when it was most needed. The proposed method for calculating bicycle parking is based on use, context, and building size or residential unit count, which is the same method used to calculate vehicle parking. The basic table is shown below: The table reflects progressive and generally increased bicycle parking requirements for most uses in most of the context areas; however, the required bike parking for commercial uses in the General Context area is low (1 per 20,000 sq. ft.) and no minimum bicycle parking is required for industrial uses in all context areas. The original reasoning behind this was that these uses in these areas may not generate as much bicycle traffic, so bicycle parking would be provided by the developer/business owner on an as-needed basis. In order to be more consistent with city-wide goals related to air-quality and bike-friendliness, the City Council may want to consider increasing the minimum required bicycle parking for industrial and commercial uses. Planning Staff recommends the table be revised as follows: Table 21A.44.040-A: Minimum Bicycle Parking Requirements* (Calculation of Bicycle Parking Spaces to be Provided per Residential Unit or Based on Usable Floor Area) Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3, FB-SC, R-MU Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units Public, Institutional, and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft. Commercial Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft. Industrial Uses 1 per 15,000 sq. ft. 1 per 8,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft. *For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to the nearest whole number, with one-half counted as an additional space Loading Berths: Two of the attached letters (Exhibit 4e) present a concern with the proposed requirements for off street loading berths for multi-family residential uses. The current ordinance bases the requirement on building size (square feet) rather than unit count. The current requirement is 1 short berth for buildings between 100,,000-200,000 square feet and 1 additional berth for each 200,000 square feet. The 100,000 square foot starting point was placing a burden on the public right-of-way for smaller buildings that still had a high unit count. To that end, the new requirements were developed and are shown below: These standards are based off similar size cities with newer parking ordinances. However, after re-examining it, Planning Staff agrees that these may be too demanding and may require too much space to be dedicated to loading berths and therefore inhibit City housing and development goals. The City Council may want to consider a higher threshold for requiring the initial or additional loading berths. Planning Staff recommends the table be revised as follows: Multi- Family Residential86 # of Dwelling Units (Per Building) Number and Size of Berths 80-200 1 short Greater than 200 1 additional short per 200 units PUBLIC PROCESS: Development of the proposed Parking Ordinance and associated amendments was the result of a robust community engagement process that involved targeted stakeholders as well as the general public through numerous engagement activities. Attachment G in the Planning Commission Staff Report (Exhibit 4b) provides a summary of the public engagement activities that were conducted throughout the ordinance revision process. The Planning Commission held a public hearing on January 8, 2020. Five people spoke at the public hearing with varying level of support or concern to the proposed ordinance amendments. A summary of those concerns has been included in this memo (Exhibit 4c). The Planning Commission voted unanimously to forward a positive recommendation the City Council to adopt the Chapter 21A.44 Off Street Parking and associated zoning text amendments. Since the Public Hearing, Planning Staff has received six letters from the public in regard to the proposed amendments. Two of the letters reflect comments made during the Public Hearing for the Planning Commission. All of the letters have been included in this memo (Exhibit 4e). EXHIBITS: 1. Project Chronology 2. Notice of City Council Hearing 3. Planning Commission- January 8, 2020 a. Agenda Notice b. Staff Report c. Agenda & Minutes d. Staff Presentation Slides e. Additional Public Comments Received 4. Original Petition 1 SALT LAKE CITY ORDINANCE No. _____ of 202_ (An ordinance amending various sections of the Salt Lake City Code pertaining to off street parking regulations) An ordinance amending various sections of the Salt Lake City Code pursuant to Petition No. PLNPCM2017-00753 pertaining to off street parking regulations. WHEREAS, the Salt Lake City Planning Commission held a public hearing on January 8, 2020 to consider a petition submitted by then-Mayor Jacqueline Biskupski (“Applicant”) (Petition No. PLNPCM2017-00753) to amend portions of Chapters 18.80 (Buildings and Construction: Parking Lot Construction); 20.56 (Subdivisions and Condominiums: Condominiums); 21A.24 (Zoning: Residential Districts); 21A.26 (Zoning: Commercial Districts); 21A.30 (Zoning: Downtown Districts); 21A.31 (Zoning: Gateway Districts); 21A.32 (Zoning: Special Purpose Districts); 21A.36 (Zoning: General Provisions); 21A.37 (Zoning: Design Standards); 21A.38 (Zoning: Nonconforming Uses and Noncomplying Structures); 21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off Street Parking, Mobility and Loading); 21A.52 (Zoning: Special Exceptions); 21A.60 (Zoning: List of Terms); and 21A.62 (Zoning: Definitions) of the Salt Lake City Code to modify regulations pertaining to off street parking; and WHEREAS, at its January 8, 2020 meeting, 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: 2 SECTION 1. Amending the text of Salt Lake City Code Section 18.80.020. That Section 18.80.080 of the Salt Lake City Code (Buildings and Construction: Parking Lot Construction: Permit; Required for Construction; Issuance Conditions) shall be, and hereby is amended to read as follows: 18.80.020: PERMIT; REQUIRED FOR CONSTRUCTION; ISSUANCE CONDITIONS: No parking lot or parking area shall be constructed without first obtaining a permit authorizing such construction. No permit shall be issued without first securing the recommendations of the city transportation engineer and no permit shall be issued until the applicant has complied with the provisions of this chapter. SECTION 2. Amending the text of Salt Lake City Code Subsection 20.56.060.B. That Subsection 20.56.060.B of the Salt Lake City Code (Subdivisions and Condominiums: Condominiums: Condominium Conversion Process: Planning Official Duties and Responsibility) shall be, and hereby is amended to read as follows: B. Planning Official Duties and Responsibility: 1. Coordination of Review: The planning official shall review the application material submitted for accuracy and completeness and transmit the submittal to pertinent departments for review and comment. 2. Consistent with State Law: The planning official shall review the application and related documents to determine compliance with requirements of the Utah Condominium Ownership Act, Title 57, Chapter 7 of the Utah Code, and applicable provisions of this chapter. 3. Previous Conditions: The planning official shall review applicable conditions on the use or building imposed by ordinances, variances, and conditional uses. 4. Site Improvements: The planning official shall review the proposed building and site plans and shall have the authority to require additional improvements to be made to the existing site including, but not limited to, landscaping, exterior repairs, and improvements to common areas. This review shall include an analysis of the parking, including internal circulation issues, such as surfacing and control curbs. The analysis shall also include the number of existing parking stalls, noting any deviation from current standards. Based upon this information, the planning official may require 3 construction of additional parking stalls on the site, or may require reasonable alternative parking solutions as outlined in Section 21A.44.050 “Alternatives to Minimum and Maximum Parking Calculations”, of this code. Any additional parking developed on site or alternative parking solutions may not increase the parking impacts on neighboring properties, and will not develop existing common areas used as open space or green space. Additionally, any remodeling proposal which increases the number of bedrooms would require compliance with existing parking requirements. The total number of parking stalls available to the owners of the project shall be disclosed on the condominium plat. SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.164.H. That Subsection 21A.24.164.H of the Salt Lake City Code (Zoning: Residential Districts: R-MU-35 Residential/Mixed Use District: Parking Structures) shall be, and hereby is DELETED. SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.168.H. That Subsection 21A.24.168.H of the Salt Lake City Code (Zoning: Residential Districts: R-MU-45 Residential/Mixed Use District: Parking Structures) shall be, and hereby is DELETED. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.170.E. That Subsection 21A.24.170.E of the Salt Lake City Code (Zoning: Residential Districts: R-MU Residential/Mixed Use District: Parking Structures) shall be, and hereby is amended to read as follows: E. Minimum Yard Requirements: 1. Single-Family Detached Dwellings: a. Front Yard: Fifteen feet (15’). b. Corner Side Yard: Ten feet (10’). c. Interior Side Yard: (1) Corner lots: Four feet (4’). 4 (2) Interior lots: Four feet (4’) on one side and ten feet (10’) on the other. d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not be more than twenty feet (20’). 2. Single-Family Attached, Two-Family and Twin Home Dwellings: a. Front Yard: Fifteen feet (15’). b. Corner Side Yard: Ten feet (10’). c. Interior Side Yard: (1) Single-family attached: No yard is required, however if one is provided it shall not be less than four feet (4’). (2) Two-family: (A) Interior lot: Four feet (4’) on one side and ten feet (10’) on the other. (B) Corner lot: Four feet (4’). (3) Twin home: No yard is required along one side lot line. A ten foot (10’) yard is required on the other. d. Rear Yard: Twenty five percent (25%) of lot depth or twenty five feet (25’), whichever is less. 3. Multi-Family Dwellings and Any Other Residential Uses: a. Front Yard: No setback is required. b. Corner Side Yard: No setback is required. c. Interior Side Yard: No setback is required. d. Rear Yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet (30’). 4. Nonresidential Development: a. Front Yard: No setback is required. b. Corner Side Yard: No setback is required. c. Interior Side Yard: No setback is required. 5 d. Rear Yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet (30’). 5. Existing Lots: Lots legally existing on the effective date hereof, April 12, 1995, shall be considered legal conforming lots. 6. Minimum Lot Area Exemptions: For multiple-unit residential uses, nonresidential and mixed uses, no minimum lot area is required. In addition, no front, corner side or interior side yards or landscaped setbacks are required; except where interior side yards are provided, they shall not be less than four feet (4’). 7. Existing Buildings: For buildings legally existing on the effective date hereof, required yards shall be no greater than the established setback line. 8. Maximum Setback: For single-family, two-family, and twin home dwellings, at least twenty five percent (25%) of the building facade must be located within twenty five feet (25’) of the front lot line. For all other uses, at least twenty five percent (25%) of the building facade must be located within fifteen feet (15’) of the front lot line. Exceptions to this requirement may be authorized as design review, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following: a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture. b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. Appeal of administrative decision is to the planning commission. SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.26.020.F. That Subsection 21A.26.020.F of the Salt Lake City Code (Zoning: Commercial Districts: CN Neighborhood Commercial District: Minimum Yard Requirements) shall be, and hereby is amended to read as follows: F. Minimum Yard Requirements: 6 1. Front or Corner Side Yard: A fifteen foot (15’) minimum front or corner side yard shall be required. Exceptions to this requirement may be authorized as design review, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. 2. Interior Side Yard: None required. 3. Rear Yard: Ten feet (10’). 4. Buffer Yards: Any lot abutting a lot in a Residential District shall conform to the buffer yard requirements of Chapter 21A.48 of this title. 5. Accessory Buildings and Structures in Yards: Accessory buildings and structures may be located in a required yard subject to Section 21A.36.020, Table 21A.36.020.B of this title. 6. Maximum Setback: A maximum setback is required for at least sixty five percent (65%) of the building facade. The maximum setback is twenty five feet (25’). Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following: a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture. b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. Appeal of administrative decision is to the planning commission. SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.025.F. That Subsection 21A.26.025.F of the Salt Lake City Code (Zoning: Commercial Districts: SNB Small Neighborhood Business District: Yard Requirements) shall be, and hereby is amended to read as follows: F. Yard Requirements: 7 1. Front and Corner Side Yard: Front and corner side yard setbacks shall be equal to the required yard areas of the abutting zoning district along the block face. When the property abuts more than one zone the more restrictive requirement shall apply. 2. Interior Side Yard: Interior side yard equal to the required yard areas of the abutting zoning district along the block face. When the property abuts more than one zone the more restrictive requirement shall apply. 3. Rear Yard: Rear yard setbacks shall be equal to the required yard areas of the abutting zoning district along the block face. When the property abuts more than one zoning district the more restrictive requirement shall apply. 4. Buffer Yards: Any lot abutting a lot in a Residential District shall conform to the buffer yard requirements of Chapter 21A.48, “Landscaping and Buffers”, of this title. 5. Accessory Buildings and Structures in Yards: Accessory buildings and structures may be located in a required yard subject to Section 21A.36.020, Table 21A.36.020.B, “Obstructions in Required Yards”, of this title. SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.26.030.F. That Subsection 21A.26.030.F of the Salt Lake City Code (Zoning: Commercial Districts: CB Community Business District: Minimum Yard Requirements) shall be, and hereby is amended to read as follows: F. Minimum Yard Requirements: 1. Front or Corner Side Yard: No minimum yard is required. If a front yard is provided, it shall comply with all provisions of this title applicable to front or corner side yards, including landscaping, fencing, and obstructions. 2. Interior Side Yard: None required. 3. Rear Yard: Ten feet (10’). 4. Buffer Yards: Any lot abutting a lot in a Residential District shall conform to the buffer yard requirements of Chapter 21A.48 of this title. 5. Accessory Buildings and Structures in Yards: Accessory buildings and structures may be located in a required yard subject to Section 21A.36.020, Table 21A.36.020B of this title. 8 6. Maximum Setback: A maximum setback is required for at least seventy five percent (75%) of the building facade. The maximum setback is fifteen feet (15’). Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following: a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture. b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. Appeal of administrative decision is to the planning commission. SECTION 9. Amending the text of Salt Lake City Code Section 21A.26.078. That Section 21A.26.078 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit Station Area District) shall be, and hereby is amended to read as follows: 21A.26.078: TSA TRANSIT STATION AREA DISTRICT: A. Purpose Statement: The purpose of the TSA Transit Station Area District is to provide an environment for efficient and attractive transit and pedestrian oriented commercial, residential and mixed use development around transit stations. Redevelopment, infill development and increased development on underutilized parcels should include uses that allow them to function as part of a walkable, mixed use district. Existing uses that are complementary to the district, and economically and physically viable, should be integrated into the form and function of a compact, mixed use pedestrian oriented neighborhood. Each transit station is categorized into a station type. These typologies are used to establish appropriate zoning regulations for similar station areas. Each station area will typically have two (2) subsections: the core area and the transition area. Due to the nature of the area around specific stations, the restrictions of overlay zoning districts, and the neighborhood vision, not all station areas are required to have a core area and a transition area. 1. Core Area: The purpose of the core area is to provide areas for comparatively intense land development with a mix of land uses incorporating the principles of sustainable, transit oriented development and to enhance the area closest to a transit station as a 9 lively, people oriented place. The core area may mix ground floor retail, office, commercial and residential space in order to activate the public realm. 2. Transition Area: The purpose of the transition area is to provide areas for a moderate level of land development intensity that incorporates the principles of sustainable transit oriented development. The transition area is intended to provide an important support base to the core area and transit ridership as well as buffer surrounding neighborhoods from the intensity of the core area. These areas reinforce the viability of the core area and provide opportunities for a range of housing types at different densities. Transition areas typically serve the surrounding neighborhood and include a broad range of building forms that house a mix of compatible land uses. Commercial uses may include office, retail, restaurant and other commercial land uses that are necessary to create mixed use neighborhoods. B. Station Area Types: A station area typology is the use of characteristics, such as building types, mix of land use, transit service and street network to create generalizations about an area that can be used to define a common vision for development of a transit station area. Each typology recognizes the important difference among places and destinations and takes into account the local context of a station and its surroundings. Refer to the official Salt Lake City zoning map to determine the zoning of the land within each station area. 1. Urban Center Station (TSA-UC): An urban center station contains the highest relative intensity level and mix of uses. The type of station area is meant to support downtown Salt Lake and not compete with it in terms of building scale and use. 2. Urban Neighborhood Station (TSA-UN): An evolving and flexible development pattern defines an urban neighborhood station area. Urban neighborhoods consist of multilevel buildings that are generally lower scale than what is found in the urban center station area. The desired mix of uses would include ground floor commercial or office uses with the intent of creating a lively, active, and safe streetscape. 3. Mixed Use Employment Center Station (TSA-MUEC): A mixed use employment station is an area with a high concentration of jobs that attract people from the entire region. Buildings are often large scale in nature and may have large footprints. Land uses that support the employment centers such as retail sales and service and restaurants are located throughout the station area and should occupy ground floor space in multi-story buildings oriented to the pedestrian and transit user. A mix of housing types and sizes are appropriate to provide employees with the choice to live close to where they work. Building types should trend toward more flexible building types over time. Connectivity for all modes of travel is important due to the limited street network. 4. Special Purpose Station (TSA-SP): The special purpose station is typically centered on a specific land use or large scale regional activity. These areas are generally served by a mix of transit options. Land uses such as restaurants and retail support the 10 dominant land use and attract people to the area. A mix of housing types and sizes are appropriate in certain situations. Future development should be aimed at increasing the overall intensity and frequency of use in the station area by adding a mix of uses that can be arranged and designed to be compatible with the primary use. C. Review Process: The review process for all new development and redevelopment within the Transit Station Area Zoning District is based on the development score which is generated by the “Transit Station Area Development Guidelines” hereby adopted by reference. 1. The following types of development are required to go through this review process: a. Any addition of one thousand (1,000) square feet or more that extend a street facing building facade or are located to the side of a building and are visible from a public space; or b. Additions that increase the height of an existing building or change the existing roofline; c. Additions to the rear of buildings that are not adjacent to a public street, trail or other public space are not required to obtain a development score but must comply with all other applicable regulations. Signs, fences, accessory structures and any other structure or addition not listed in this section are not required to obtain a development score. d. Single-family detached dwellings and two-family dwellings are not required to obtain a development score. 2. Application process steps: a. Presubmittal Conference: All applicants for development within the TSA Transit Station Area Zoning District are required to attend a presubmittal conference with the planning division. The purpose of the presubmittal conference is to notify the applicant of the goals of the station area plans, the standards in this section, and the review and approval process. b. Development Review Application: After a presubmittal conference, the developer can submit a development review application. This application and all submittal requirements will be used to determine the development score. The application shall include a score sheet on which the development guidelines and their assigned values are indicated and two (2) checklists: one for the applicant’s use and one for the planning division’s use. c. Public Noticing: A notice of application for a development review shall be provided in accordance with Chapter 21A.10 of this title. 11 d. Application Review: Table 21A.26.078.C.2.d of this Subsection C summarizes the application review process. All applications shall be processed as follows: (1) Tier 1 Planning Commission Review: If a project is assigned a score less than 125 points, the project can only be approved by the planning commission through the design review process in Chapter 21A.59 of this title. Once the applicant receives written notice of their score, they will be given thirty (30) days to notify the planning division of their intention to proceed with the project through the design review process or make necessary plan adjustments to increase their development score to the minimum level in order to go through an administrative review process. (2) Tier 2 Administrative Review: The planning director has the authority to approve a project scoring 125 points or more without holding a public hearing. The project shall be allowed to go through the standard building permit process. A public hearing is not required because the project incorporates adequate development guidelines or development incentives to be deemed compliant with the vision for the station area. TABLE 21A.26.078.C.2.d APPLICATION REVIEW Development Score Review Process 0 - 124 points Planning commission design review process 125 or more points Administrative review D. Development Score: The purpose of the development score is to allow flexibility for designers while implementing the city’s vision of the applicable station area plans and the purpose of this zoning district. The development score measures the level of compatibility between a proposed project and the station area plan. A “station area plan” is a development, land use, urban design and place making policy document for the area around a specific transit station. The development score is based on the development guidelines and development incentives in the “Transit Station Area Development Guidelines” book, hereby adopted by reference. The “Transit Station Area Development Guidelines” shall be amended following the adopted procedures for zoning text amendments in Chapter 21A.50, “Amendments”, of this title. 1. Formulating the Score: The development score is formulated by calculating all of the development guideline values for a particular project. Each design guideline and incentive is given a value based on its importance. Some guidelines are considered more important and carry a higher value than others. All other applicable zoning regulations shall be complied with by all projects and are not calculated in the development score. 12 2. Project Review: A development score shall be assigned to all projects within the TSA Transit Station Area District after a complete development review application is submitted. The planning director shall provide, in writing, a copy of the review checklist and explanation of the outcome of the score to the applicant within thirty (30) days of submitting a complete application. 3. Appeals: The development score may be appealed. All appeals of the development score are heard by the appeals hearing officer. In hearing the appeal, the appeals hearing officer shall hold a public hearing in accordance with Section 21A.10.030 of this title. In deciding the appeal, the appeals hearing officer shall base its decision on its interpretation of the development guidelines and the development score. 4. Expiration: No development score shall be valid for a period longer than one year unless a building permit has been issued or complete building plans have been submitted to the Division of Building Services. E. Development Standards: 1. Application: The dimensional requirements of this section apply to all new buildings and developments as well as additions to existing buildings. Additions that bring the property closer to compliance are allowed. The following development standards apply to the core and transition areas of all station types. 2. Building Height: The minimum and maximum building heights are found in Table 21A.26.078.E.2, “Building Height Regulations”, of this Subsection E.2. The following exceptions apply: a. The minimum building height applies to all structures that are adjacent to a public or private street. The building shall meet the minimum building height for at least fifty percent (50%) of the width of the street facing building wall. b. Projects that achieve a development score that qualifies for administrative review are eligible for an increase in height. The increase shall be limited to one story of habitable space. The height of the additional story shall be equal to or less than the average height of the other stories in the building. This is in addition to the height authorized elsewhere in this title. TABLE 21A.26.078.E.2 BUILDING HEIGHT REGULATIONS Minimum Height1 Maximum Height Urban center: Core 40’ 90’2 Transition 25’ 60’ 13 Minimum Height1 Maximum Height Urban neighborhood: Core 25’ 75’ Transition 0’ 50’ Mixed use employment center: Core 25’ 75’ Transition 0’ 60’ Special purpose: Core 25’ 75’ Transition 0’ 60’ Notes: 1. Minimum building heights apply to those properties with frontage on the street where fixed rail transit is located. 2. Buildings with a roof that has at least 2 sloping planes may be allowed up to 105 feet. The slope of the plane must have a minimum slope of a 2 feet rise over a 12 foot run. The additional height may include habitable space. The sloping planes must be clearly visible and create a sloped roof shape. The sloping planes shall not be hidden by a parapet wall. 3. Setbacks: a. General Standards for Front/Corner Side Yards: (1) All portions of the yard not occupied by building, driveways, walkways or other similar features must be landscaped or include an active outdoor use, such as outdoor dining, plazas, courtyards or other similar outdoor use. See Subsection F of this section for specific front yard design requirements. (2) Walls up to three feet (3’) in height, patios and other similar elements intended to activate the sidewalk can be located to the property line. (3) Awnings or canopies may be located within any portion of the yard and are not subject to the front or corner side yard restrictions in Subsection 21A.36.020.B, Table 21A.36.020.B of this title. (4) Balconies may project up to two feet (2’) into the required yards and are not subject to the front or corner side yard restrictions in Subsection 21A.36.020.B, Table 21A.36.020.B of this title. 14 (5) All front and corner side yard standards in Table 21A.26.078.E.3.b of this Subsection E may be modified through the design review process of Chapter 21A.59 of this title, except that the front and corner side yard setback for 400 South shall not be reduced below the minimum. b. Table 21A.26.078.E.3.b Setback Standards: TABLE 21A.26.078.E.3.b SETBACK STANDARDS Property Frontage Front/Corner Side Yard Setback Interior Side Yard Rear Yard 400 South Minimum: 10’, and at least 50% of the street facing building facade must be built to the minimum. Minimum: None, except a 25’ setback is required when adjacent to an OS, R-1, R-2, SR, RMF-30, RMF-35 or RMF-45 zoning district. The minimum shall increase 1’ for every 1’ increase in building height above 25’ and is applied to the portion of the building over 25’ in height. Maximum setback: 20’, but may be increased if the additional setback is used for plazas, courtyards, or outdoor dining areas. In locations where the sidewalk is not a minimum of 10’ wide, additional sidewalk width shall be installed by the developer so there is a minimum width sidewalk of 10’. This applies to new buildings and to additions that increase the gross building square footage by more than 50%. This standard does not require removal of existing buildings or portions thereof. North Temple Minimum: 5’, and at least 50% of the street facing building facade must be built to the minimum. Maximum: 15’, but may be increased if the additional setback is used for plazas, courtyards, or outdoor dining areas. In locations where the sidewalk is not a minimum of 10’ wide, 15 Property Frontage Front/Corner Side Yard Setback Interior Side Yard Rear Yard additional sidewalk width shall be installed by the developer so there is a minimum width sidewalk of 10’. This applies to new buildings and to additions that increase the gross building square footage by more than 50%. This standard does not require removal of existing buildings or portions thereof. 300 South, 500 South, 600 East Minimum: Equal to the average setback of other principal buildings on the same block face. Streets with right- of-way width of 50’ or less with R- 1, R-2, SR, RMF- 30, RMF-35 or RMF-45 zoning district on either side of the street Minimum: 25% of lot depth, up to 25’. For buildings taller than 25’, setback shall increase 2’ for every 1’ of building height above 25’ and is applied to the portion of the building over 25’ in height. All other streets Minimum: None At least 50% of the street facing building facade shall be within 5’ of the front or corner side property line. c. Special Setback Provisions for Properties Adjacent to Jordan River: For properties that are adjacent to the Jordan River, the building setback from the Jordan River shall be fifty feet (50’), measured from the annual high water level as defined in Section 21A.34.130 of this title. For buildings over fifty feet (50’) in height, the setback shall increase one foot (1’) for every foot in height over fifty feet (50’) up to a maximum of seventy five feet (75’). Portions of buildings over fifty feet (50’) in height may be stepped back to comply with this standard. 4. Minimum Lot Area and Lot Width Requirements: 16 TABLE 21A.26.078.E.4 MINIMUM LOT AREA AND LOT WIDTH STANDARDS Standard Required Dimension Minimum lot area 2,500 square feet Minimum lot width 40 feet a. The minimum lot area applies to all new subdivisions of land and shall not be used to calculate residential density. b. Any legally existing lot may be developed without having to comply with the minimum lot size or width requirements. c. Lots subdivided for single-family detached, single-family attached, and two- family residential dwellings are exempt from minimum lot width requirements. d. Lots subdivided for single-family attached dwellings are exempt from minimum lot area provided that: (1) Parking for units shall be rear loaded and accessed from a common drive shared by all units in a particular development; (2) Driveway access shall connect to the public street in a maximum of two (2) locations; and (3) No garages shall face the primary street and front yard parking shall be strictly prohibited. 5. Open Space Area: Open space areas shall be provided at a rate of one square foot for every ten (10) square feet of land area included in the development, up to five thousand (5,000) square feet for core areas, and up to two thousand five hundred (2,500) square feet for transition areas. Open space areas includes landscaped yards, patios, public plazas, pocket parks, courtyards, rooftop and terrace gardens and other similar types of open space area amenities. All required open space areas shall be accessible to the users of the building(s). 6. Circulation and Connectivity: Development within the station area shall be easily accessible from public spaces and provide safe and efficient options for all modes of travel. Circulation networks, whether public or private, require adequate street, pedestrian and bicycle connections to provide access to development. The internal circulation network shall be easily recognizable, formalized and interconnected. a. All parking lots shall comply with the standards in Section 21A.44.020, “General Off Street Parking Regulations”, of this title. 17 b. Parking is prohibited between the street-facing building line and any front or corner side property line. This shall include any drive aisle that is not perpendicular to the front or corner side property line. c. Any new development shall provide a midblock walkway if a midblock walkway on the subject property has been identified in a master plan that has been adopted by the city. The following standards apply to the midblock walkway: (1) The midblock walkway must be a minimum of ten feet (10’) wide and include a minimum six foot (6’) wide unobstructed path. (2) The midblock walkway may be incorporated into the building provided it is open to the public. A sign shall be posted indicating that the public may use the walkway. 7. Accessory Structures: No accessory structure shall be located in a required front yard or between the primary building and a property line adjacent to a public street. F. Design Standards: 1. Development shall comply with the design standards in Chapter 21A.37 of this title when applicable as specified in that chapter. 2. All developments required to obtain a review score by Subsection C of this section shall comply with the following additional design standards. These specific standards may be modified through the design review in Chapter 21A.59 of this title if the modifications meet the intent of the specific design standard requested to be modified: a. EIFS and Stucco Limitation: Use of Exterior Insulation and Finishing System (EIFS) or traditional stucco is not allowed as a building material on the ground floor of street facing building facades. Use of EIFS and stucco is allowed for up to ten percent (10%) of the upper level street facing facades. b. Front and Corner Side Yard Design Requirements: (1) In yards greater than ten feet (10’) in depth, one shade tree shall be planted for every thirty feet (30’) of street frontage. For the purpose of this section, a shade tree is any tree that has a mature minimum tree canopy of thirty feet (30’) and a mature height that is forty feet (40’) or greater. (2) At least fifty percent (50%) of the front or corner side yards shall be covered in live plant material. This can include raised planter boxes. This percentage can be reduced to thirty percent (30%) if the yard includes outdoor dining, patios, outdoor public space, or private yards for ground floor residential uses 18 that cover at least fifty percent (50%) of the provided front or corner side yard. (3) At least thirty percent (30%) of the front or corner side yard shall by occupied by outdoor dining areas, patios, outdoor public space, or private yards for ground floor residential uses. (4) Driveways necessary for vehicle access to the site are allowed regardless of compliance with the minimum percentages required by this subsection. c. Entry Feature Requirements: All required building entries shall include at least one of the following features: (1) An awning or canopy over the entrance that extends a minimum of five feet (5’) from the street facing building facade; (2) A recessed entrance that is recessed at least five feet (5’) from the street facing facade; (3) A covered porch that is at least five feet (5’) in depth and at least forty (40) square feet in size; or (4) A stoop that is at least two feet (2’) above sidewalk level and that includes an awning or canopy that extends at least three feet (3’) from the street facing building facade. d. Ground Floor Use Requirement For 400 South and North Temple Boulevard: When facing 400 South or North Temple Boulevard, the ground floor use area required by Chapter 21A.37 of this title shall be built to accommodate an allowed commercial, institutional, or public use. Live/work uses qualify as a commercial use for this subsection. (1) Exception: Residential uses may be permitted within the required area in lieu of the required use, if the ground floor is designed so that it can be converted to an allowed commercial use in the future. To accommodate this conversion, the shell space of the ground floor shall be built to an occupancy standard required by the adopted building code that can accommodate conversion of the interior of the space to a future permitted commercial use. (2) The following additional requirements shall apply to the ground floor space if used for residential uses: (A) The shell space shall be at least twelve feet (12’) in height; (B) The street facing facade of each ground floor residential unit shall be at least sixty percent (60%) glass; 19 (C) Each ground floor unit shall have a direct entrance from the sidewalk to the unit; (D) Each ground floor unit shall be ADA accessible; and (E) Each ground floor unit shall include a porch, patio, stoop or other entrance feature that is a minimum depth of at least five feet (5’). G. Multiple Buildings on a Single Parcel: Multiple principal buildings on a single parcel are permitted provided each principal building meets the requirements of this chapter and each principal building obtained a separate development score. New principal buildings can be located toward the rear of a parcel provided there is an existing or additional new principal building that complies with the front yard building setbacks. If one principal building receives a development score lower than other principal buildings on the site, the project shall be processed based on the lowest development score obtained. Multiple single-family detached dwellings and two-family dwellings may be located on one lot and are not required to obtain a development score. H. Conflicting Regulations: In cases where the regulations of this section conflict with another section of this zoning ordinance, this section shall take precedence except in situations where the conflict is related to the use of the property, in which case the more restrictive regulation takes precedence. In station areas within an overlay district, the overlay district shall take precedence. I. Developments Over Five Acres: 1. Intent: Large scale developments have the potential to function as a self-contained mixed use neighborhood and could have both positive and negative impacts on nearby properties. All developments over five (5) acres in size shall be designed and planned to include a series of blocks and a network of public or private streets that connects to the existing public streets in the area and to adjacent development and neighborhoods. Buildings should be oriented to this street network. Regulating block size is necessary to provide development sites that are oriented to the pedestrian while accommodating other modes of transportation. A street network is required to ensure adequate circulation for pedestrians, bicycles, automobiles and service vehicles through the site, to adjacent sites and the public streets. 2. Application: These standards are in addition to all other applicable standards. In situations where the standards in this section conflict with a standard in another section, the standard in this section shall take precedence. A separate development score is required for each new principal building in a development over five (5) acres. a. Block Layout: The intent of regulating block size and dimension is to create a development pattern where all principal buildings have their primary facades facing a street, whether public or private. All developments over five (5) acres in size shall be designed to include a series of blocks based on the standards below: 20 (1) The maximum perimeter dimension of any block shall be one thousand six hundred feet (1,600’). The maximum length of any individual block face shall be four hundred forty feet (440’). (2) The maximum perimeter dimension of a block may be increased to two thousand four hundred (2,400) linear feet, and the maximum length of any block face increased to six hundred feet (600’) provided a mid block pedestrian network is included. The mid block pedestrian network must be a minimum of twenty feet (20’) wide and include pedestrian amenities such as lighting, benches, and other similar features. The mid block walkway shall connect to at least two (2) block faces or be extended to the property line to allow for future extension. b. Connectivity to Public Streets, Sidewalks, and Bicycle Lanes: In order to ensure that the development will be fully integrated into the transit station area, that safe and efficient travelways are provided, and to limit the impact on the primary transit street and other adjacent streets, the internal circulation system, including private streets, drive aisles, sidewalks and bicycle lanes shall connect to the public street, sidewalks and bicycle lanes. All new streets shall be designed as a “complete street” defined as a street that provides dedicated space for pedestrians, bicyclists and automobiles. c. Vehicle Access: Regulating access to private property from public streets is necessary for integrating private development and public spaces. Limiting the number of access points and spacing between access points reduces areas of conflict between vehicles, pedestrians and bicycles. Maximum access widths promote a development pattern that is oriented to pedestrians and bicyclists while accommodating vehicles. (1) Access points located on public streets intended for vehicles shall be spaced a minimum of one hundred feet (100’) apart. (2) No property shall have more than one (1) vehicle access point for every two hundred (200) linear feet of frontage on a public street. (3) No access drive shall be greater than twenty four feet (24’) wide. (4) The location of all vehicle access points is subject to approval from the transportation division of the city. The standards of this section may be modified by the Transportation Division when, in the opinion of the director of the transportation division, a different design would improve the overall safety for all modes of transportation or improve the efficiency of the transportation network. d. Internal Circulation: Internal circulation systems allow for vehicles, pedestrians and bicyclists to move safely and efficiently throughout a development site. A 21 logical, simple and well designed internal circulation system that connects with adjacent circulation networks provides room for vehicles, safe walking paths for pedestrians through the parking lot and the site to the public way, and well marked routes for bicycles traveling from public spaces to bicycle parking areas within a site. All new developments over five (5) acres are required to submit an internal circulation network plan. (1) Travel Lanes That Connect Parking Areas With a Public Street: All internal vehicle travel lanes that connect internal parking areas with a public street shall be designed to meet the minimum requirements in Section 21A.44.060.A.6 of this title. (2) Design Speed: The internal circulation system shall be designed to move vehicles at speeds of twenty (20) miles per hour or less. (3) Future Access to Adjacent Properties and Rights-Of-Way: All internal drive aisles, sidewalks, and paths shall be extended to property lines to allow for future cross access to adjacent properties when the adjacent property is undeveloped and to rights-of-way. (4) Centerlines: The centerline of all internal streets shall be in line with the centerline of a street on the opposite side of an intersecting street unless the intersecting street is divided by a median. Offset streets shall be a minimum of two hundred feet (200’) apart, measured from centerline to centerline. (5) Publicly Dedicated Streets: Any street that is to be publicly dedicated shall meet the city’s minimum construction and design standards (including street lighting, park strip, street trees, etc.). (6) Pedestrian Routes: Pedestrian routes that provide safe, comfortable, clear and direct access throughout the development shall be provided. Pedestrian paths shall be bordered by residential fronts, green space, active open space, or commercial storefronts. (7) Bicycle Paths: A coordinated system of bicycle paths should be provided. (8) Approval; Modification of Standards: The internal circulation network is subject to approval from the transportation division of the city. The standards of this section may be modified by the transportation division when, in the opinion of the director of the transportation division, a different design would improve the overall safety for all modes of transportation or improve the efficiency of the transportation network. e. Parking: Parking may be provided along any private street within a development over five (5) acres. The parking shall be counted toward the applicable off street parking standard when provided on private streets. All parking areas and 22 spaces must comply with the parking lane widths identified in Section 21A.44.060.A.6 of this title. f. Open Space Area: In order to provide space for passive and active recreation, public and private gatherings, offset storm drainage due to nonpermeable surfaces and as an amenity to individual developments and their residents, employees and customers, usable open space areas are required for all new developments. (1) Required: In the core and transition areas of all station areas, a minimum of ten percent (10%) of the site, up to fifteen thousand (15,000) square feet, shall be devoted to open space areas. “Usable open space area” is defined as landscaped areas, plazas, outdoor dining areas, terraces, rooftop gardens, stormwater retention areas, and any other similar type of area. (2) Connectivity to Adjacent Open Space Area: When adjacent to public open space areas, parks, trails and pathways, open space areas on developments over five (5) acres in size are encouraged to provide access to the public open space area. g. Landscaping: All areas not occupied by buildings, plazas, terraces, patios, parking areas, or other similar feature shall be landscaped. If a project is developed in phases, only those areas in a phase that is under construction shall be landscaped. Landscaping in future phases shall be installed as those phases develop. Areas in future phases may be used as community gardens or other active open space until such time as development of that phase begins. SECTION 10. Amending the text of Salt Lake City Code Subsection 21A.30.020.D. That Subsection 21A.30.020.D of the Salt Lake City Code (Zoning: Downtown Districts: D-1 Central Business District: D-1 District General Regulations) shall be, and hereby is amended to read as follows: D. D-1 District General Regulations: The regulations established in this section apply to the D-1 District as a whole. 1. Minimum Lot Size: No minimum lot area or lot width is required, except in block corner areas as specified in Subsection E.5 of this section. 2. Yard Requirements: a. Front and corner side yards: No minimum yards are required, however, no yard shall exceed five feet (5’) except as authorized through the design review process. Such design reviews shall be subject to the requirements of Chapter 21A.59 of 23 this title. Where an entire block frontage is under one ownership, the setback for that block frontage shall not exceed twenty five feet (25’). Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. b. Interior side and rear yards: None required. 3. Interior Plazas, Atriums and Galleries: Interior plazas, atriums and galleries shall be permitted throughout the D-1 Central Business District. 4. Location of Service Areas: All loading docks, refuse disposal areas and other service activities shall be located on block interiors away from view of any public street. Exceptions to this requirement may be approved through the site plan review process when a permit applicant demonstrates that it is not feasible to accommodate these activities on the block interior. If such activities are permitted adjacent to a public street, a visual screening design approved by the zoning administrator shall be required. 5. Landscape Requirements: All buildings constructed after April 12, 1995, shall conform to the special landscape requirements applicable to the D-1 Central Business District as contained in Chapter 21A.48 of this title. 6. Mid Block Walkways: As part of the city’s plan for the downtown area, it is intended that mid block walkways be provided to facilitate pedestrian movement within the area. To delineate the public need for such walkways, the city has formulated an official plan for their location and implementation, which is on file at the planning division office. All buildings constructed after the effective date hereof within the D- 1 Central Business District shall conform to this officially adopted plan for mid block walkways. 7. Landscape Requirements for Demolition Sites: Vacant lots, resulting from demolition activities where no replacement use is proposed, shall conform to Chapter 21A.48 of this title, special landscape requirements applicable to the D-1 Central Business District. SECTION 11. Amending the text of Salt Lake City Code Section 21A.30.030. That Section 21A.30.030 of the Salt Lake City Code (Zoning: Downtown Districts: D-2 Downtown Support District) shall be, and hereby is amended to read as follows: 21A.30.030: D-2 DOWNTOWN SUPPORT DISTRICT: A. Purpose Statement: The purpose of the D-2 Downtown Support Commercial District is to provide an area that fosters the development of a sustainable urban neighborhood that 24 accommodates commercial, office, residential and other uses that relate to and support the D-1 Central Business District. Development within the D-2 Downtown Support Commercial District is intended to be less intensive than that of the D-1 Central Business District, with high lot coverage and buildings placed close to the sidewalk. This district is appropriate in areas where supported by applicable master plans. Design standards are intended to promote pedestrian oriented development with a strong emphasis on a safe and attractive streetscape. B. Uses: Uses in the D-2 Downtown Support District, as specified in Section 21A.33.050, “Table of Permitted and Conditional Uses for Downtown Districts”, of this title, are permitted subject to the general provisions set forth in Section 21A.30.010 of this chapter and this section. C. Lot Size Requirements: No minimum lot area or lot width shall be required. D. Maximum Building Height: The maximum permitted building height shall not exceed one hundred twenty feet (120’) subject to the following review process: Buildings over sixty five feet (65’) in height are subject to design review according to the requirements of Chapter 21A.59 of this title. E. Minimum Yard Requirements: 1. Front and Corner Side Yard: There is no minimum setback. The maximum setback is ten feet (10’). 2. Interior Side Yards: No minimum side yard is required except a minimum of fifteen feet (15’) side yard is required when the side yard is adjacent to a single or two family residential zoning district. 3. Rear Yard: No minimum rear yard is required except a minimum of twenty five feet (25’) rear yard is required when the rear yard is adjacent to a single or two family residential district. 4. Buffer Yards: Any lot abutting a lot in a residential district shall conform to the buffer yard requirements of Chapter 21A.48 of this title. F. Landscape Yard Requirements: If a front or corner side yard is provided, such yard shall be maintained as a landscaped yard. The landscaped yard can take the form of outdoor dining, patio, courtyard or plaza, subject to site plan review approval. G. Mid-Block Walkways: Any new development shall provide a midblock walkway if a midblock walkway on the subject property has been identified in a master plan that has been adopted by the city. The following standards apply to the midblock walkway: 1. The midblock walkway must be a minimum of ten feet (10’) wide and include a minimum six foot (6’) wide unobstructed path. 25 2. The midblock walkway may be incorporated into the building provided it is open to the public. A sign shall be posted indicating that the public may use the walkway. H. Ground Floor Uses: To activate the ground floor of structures, retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters or performing art facilities are required on the ground floor of structures facing State Street, Main Street, 800 South and 900 South. I. Existing Vehicle Sales or Lease Lots: 1. Vehicle Display Area: The parking provided in the vehicle display area will not be counted as off street parking when computing maximum parking requirements and is not considered to be a surface parking lot when determining required setbacks in this section. 2. Design Standards: Structures associated with accessory uses such as but not limited to repair shops or vehicle washing do not need to meet required design standards and may exceed the maximum front and corner side yard setbacks. Primary structures that contain sales floors and auto display areas must meet all design standards and setbacks. 3. Landscaping: A landscaped yard of at least ten feet (10’) in depth is required along any portion of the street frontage of the property that is not occupied by a permanent structure. All other landscaping requirements in Chapter 21A.48 remain applicable. 4. Multiple Buildings: Vehicle sales or lease lots may have multiple buildings on a parcel subject to all buildings being associated with the use of the lot as vehicles sales or lease. SECTION 12. Amending the text of Salt Lake City Code Section 21A.30.040. That Section 21A.30.040 of the Salt Lake City Code (Zoning: Downtown Districts: D-3 Downtown Warehouse/Residential District) shall be, and hereby is amended to read as follows: 21A.30.040: D-3 DOWNTOWN WAREHOUSE/RESIDENTIAL DISTRICT: A. Purpose Statement: The purpose of the D-3 Downtown Warehouse/Residential District is to provide for the reuse of existing warehouse buildings for multi-family and mixed use while also allowing for continued retail, office and warehouse use within the district. The reuse of existing buildings and the construction of new buildings are to be done as multi- family residential or mixed use developments containing retail or office uses on the lower floors and residential on the upper floors. This district is appropriate in areas where supported by applicable master plans. The standards are intended to create a unique and 26 sustainable downtown neighborhood with a strong emphasis on urban design, adaptive reuse of existing buildings, alternative forms of transportation and pedestrian orientation. B. Uses: Uses in the D-3 Downtown Warehouse/Residential District as specified in Section 21A.33.050, “Table of Permitted and Conditional Uses for Downtown Districts”, of this title, are permitted subject to the provisions of this chapter and other applicable provisions of this title. C. Controls Over Mixed Use: The concept of mixed use is central to the nature of the D-3 Downtown Warehouse/Residential District. To ensure that mixed use developments provide for on site compatibility as well as neighborhood compatibility, the change of land use type or an increase in floor area by twenty five percent (25%) of existing principal buildings and the construction of buildings for new uses after April 12, 1995, shall conform to the following provisions. Construction related to the rehabilitation including remodeling or modification of existing uses, or the change of use to a similar use, shall not be subject to these provisions: 1. Buildings containing commercial/office uses located above the second story shall incorporate multi-family dwellings, boarding house, bed and breakfast, or hotel uses in the amount of at least fifty percent (50%) of the total floor area of the building; 2. Commercial/office uses shall be permitted as the sole use in two-story buildings only; and 3. Commercial/office uses in buildings of three (3) stories or more without multi-family dwellings shall be allowed only as a conditional use and then only when the applicant has demonstrated that the proposed location is not suitable for multi-family residential use. D. Lot Size Requirements: No minimum lot area or lot width shall be required. E. Maximum Building Height: No building shall exceed seventy five feet (75’). Buildings taller than seventy five feet (75’) but less than ninety feet (90’) may be authorized through the design review process, provided the additional height is supported by the applicable master plan, the overall square footage of the buildings is greater than fifty percent (50%) residential use, and subject to the requirements of Chapter 21A.59 of this title. F. Mid Block Walkways: As a part of the city’s plan for the downtown area, it is intended that mid block walkways be provided to facilitate pedestrian movement within the area. To delineate the public need for such walkways, the city has formulated an official plan for their location and implementation, which is on file at the planning division office. All buildings constructed within the D-3 Downtown Warehouse/Residential District shall conform to this plan for mid block walkways. 27 G. Minimum Open Space Area: All lots containing dwelling units shall provide common open space area in the amount of twenty percent (20%) of the lot area. This common open space area may take the form of ground level plazas, interior atriums, landscape areas, roof gardens and decks on top of buildings or other such forms of open space available for the common use by residents of the property. SECTION 13. Amending the text of Salt Lake City Code Section 21A.30.045. That Section 21A.30.045 of the Salt Lake City Code (Zoning: Downtown Districts: D-4 Downtown Secondary Central Business District) shall be, and hereby is amended to read as follows: 21A.30.045: D-4 DOWNTOWN SECONDARY CENTRAL BUSINESS DISTRICT: A. Purpose Statement: The purpose of the D-4 Downtown Secondary Central Business District is to foster an environment consistent with the area’s function as a housing, entertainment, cultural, convention, business, and retail section of the city that supports the D-1 Central Business District. Development is intended to support the regional venues in the district, such as the Salt Palace Convention Center, and to be less intense than in the D-1 Central Business District. This district is appropriate in areas where supported by applicable master plans. The standards are intended to achieve established objectives for urban and historic design, pedestrian amenities, and land use control, particularly in relation to retail commercial uses. B. Uses: Uses in the D-4 Downtown Secondary Central Business District as specified in Section 21A.33.050, “Table of Permitted and Conditional Uses for Downtown Districts”, of this title, are permitted subject to the general provisions set forth in Section 21A.30.010 of this chapter. In addition, all conditional uses in the D-4 Downtown Secondary Central Business District shall be subject to design evaluation and approval by the planning commission. C. D-4 Downtown Secondary Central Business District General Regulations: 1. Minimum Lot Size: No minimum lot area or lot width is required. 2. Yard Requirements: a. Front and Corner Side Yards: No minimum yards are required, however, no yard shall exceed five feet (5’) except as authorized through the design review process. Such designs shall be subject to the requirements of Chapter 21A.59 of this title. Where an entire block frontage is under one ownership, the setback for that block frontage shall not exceed twenty five feet (25’). Exceptions to this requirement may be authorized through the design review process subject to the requirements of Chapter 21A.59 of this title. 28 b. Interior Side And Rear Yards: None required. 3. Interior Plazas, Atriums and Galleries: Interior plazas, atriums and galleries shall be permitted throughout the D-4 Downtown Secondary Central Business District. 4. Location of Service Areas: All loading docks, refuse disposal areas and other service activities shall be located on block interiors away from view of any public street. Exceptions to this requirement may be approved through the site plan review process when a permit applicant demonstrates that it is not feasible to accommodate these activities on the block interior. If such activities are permitted adjacent to a public street, a visual screening design approved by the zoning administrator shall be required. 5. Landscape Requirements: All buildings constructed after April 12, 1995, shall conform to the special landscape requirements applicable to the D-4 Downtown Secondary Central Business District as contained in Chapter 21A.48 of this title. 6. Maximum Building Height: No building shall exceed seventy five feet (75’). Buildings taller than seventy five feet (75’) but less than one hundred twenty feet (120’) may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title. Additional height may be allowed as specified below: a. Additional Permitted Height Location: Additional height greater than one hundred twenty feet (120’) but not more than three hundred seventy five feet (375’) in height is permitted in the area bounded by: (1) The centerlines of South Temple, West Temple, 200 South, and 200 West Streets; and (2) Beginning at the Southeast Corner of Block 67, Plat ‘A’, Salt Lake City Survey, and running thence along the south line of said Block 67, N89°54’02”W 283.86 feet; thence N00°04’50”E 38.59 feet; thence N10°46’51”W 238.70 feet; thence N24°45’15”W 62.98 feet; thence S89°54’02”E 355.45 feet to the east line of said Block 67; thence along said east line S00°06’35”W 330.14 feet to the point of beginning. Contains 102,339 square feet, or 2.349 acres, more or less. 29 b. Additional Permitted Height Conditions: Buildings may exceed the one hundred twenty foot (120’) height limit to a maximum height of three hundred seventy five feet (375’), provided they conform to the standards and procedures outlined in the design review process of Chapter 21A.59 of this title and the following requirements: (1) Additional Setback: To minimize excessive building mass at higher elevations and preserve scenic views, some or all of the building mass shall be subject to additional setback, as determined appropriate through the design review process. (2) Exception: The first fifty feet (50’) of height shall not be set back from the street front more than five feet (5’) except that setbacks greater than five feet (5’) may be approved through the design review process. (3) Ground Floor Uses: See Subsection 21A.37.050.A and Section 21A.37.060, Table 21A.37.060, Subsection D of this title for this requirement. 7. Mid Block Walkways: As a part of the city’s plan for the downtown area, it is intended that mid block walkways be provided to facilitate pedestrian movement within the area. To delineate the public need for such walkways, the city has formulated an official plan for their location and implementation, which is on file at the planning division office. All buildings constructed after the effective date hereof within the D-4 Downtown Secondary Central Business District shall conform to this plan for mid block walkways. 30 8. Mid Block Streets: Developments constructing mid block streets, either privately owned with a public easement or publicly dedicated, that are desired by an applicable master plan: a. May use a portion or all of the overhead and underground right-of-way of the new mid block street as part of their developable area irrespective of lot lines, subject to design review and approval of the planning commission. b. May increase the height of the building on the remaining abutting parcel, subject to the design review process in conformance with the standards and procedures of Chapter 21A.59 of this title. SECTION 14. Amending the text of Salt Lake City Code Section 21A.31.010. That Section 21A.31.010 of the Salt Lake City Code (Zoning: Gateway Districts: General Provisions) shall be, and hereby is amended to read as follows: 21A.31.010: GENERAL PROVISIONS: A. Statement of Intent: The Gateway district is intended to provide controlled and compatible settings for residential, commercial, and industrial developments, and implement the objectives of the adopted gateway development master plan through district regulations that reinforce the mixed use character of the area and encourage the development of urban neighborhoods containing supportive retail, service commercial, office, industrial uses and high density residential. B. Uses: Uses in the Gateway district as specified in Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”, of this title, are permitted subject to the general provisions set forth in this section. C. Permitted Uses: The uses specified as permitted uses, in Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”, of this title are permitted; provided, that they comply with all requirements of this chapter, the general standards set forth in Part IV of this title, and all other applicable requirements of this title. D. Conditional Uses: The uses specified as conditional uses in Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”, of this title, shall be permitted in the Gateway district provided they are approved pursuant to the standards and procedures for conditional uses set forth in Chapter 21A.54 of this title, and comply with all other applicable requirements of this title, including the urban design evaluation and/or the design review process established in this chapter and Chapter 21A.59 of this title. E. Site Plan Review; Design Review: In certain districts, permitted uses and conditional uses have the potential for adverse impacts if located and oriented on lots without careful 31 planning. Such impacts may interfere with the use and enjoyment of adjacent property and uses. Site plan review is a process designed to address such adverse impacts and minimize them where possible. The design may also be evaluated to address elements of urban design. Site plan review, pursuant to Chapter 21A.58 of this title, for all of the Gateway district, is required to protect the local economy, maintain safe traffic conditions, maintain the environment, and assure harmonious land-use relationships between commercial uses and more sensitive land uses in affected areas. Design evaluation is necessary to implement the policies of the urban design plan as adopted by the city council. Design review shall apply to conditional uses in the Gateway district. In the Gateway district, the design review process is used to evaluate and resolve urban design. F. Mid Block Walkways: As a part of the city’s plan for the downtown area, it is intended that mid block walkways be provided to facilitate pedestrian movement within the area. To delineate the public need for such walkways, the city has formulated an official plan for their location and implementation, which is on file at the planning division office. All buildings constructed after the effective date hereof within the G-MU Gateway-Mixed Use District shall conform to this plan for mid block walkways. G. Location of Service Areas: All loading docks and other service activities shall be located on block interiors away from view of any public street. Exceptions to this requirement may be approved through the site plan review process when a permit applicant demonstrates that it is not feasible to accommodate these activities on the block interior. If such activities are permitted adjacent to a public street, a visual screening design approved by the zoning administrator shall be required. H. Impact Controls and General Restrictions: 1. Refuse Control: Refuse containers must be covered and shall be stored within completely enclosed buildings or screened in conformance with the requirements of Chapter 21A.48 of this title. For buildings existing as of April 12, 1995, this screening provision shall be required if the floor area or parking requirements are increased by twenty five percent (25%) or more by an expansion to the building or change in the type of land use. 2. Lighting: On site lighting, including parking lot lighting and illuminated signs, shall be located, directed or designed in a manner to prevent glare on adjacent properties. I. Outdoor Sales, Display and Storage: “Sales and display (outdoor)” and “storage and display (outdoor)”, as defined in Chapter 21A.62 of this title, are allowed where specifically authorized in Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”, of this title. These uses shall conform to the following: 32 1. Outdoor sales and display and outdoor storage may also be permitted when part of an authorized temporary use as established in Chapter 21A.42 of this title; 2. The outdoor permanent sales or display of merchandise shall not encroach into areas of required parking; 3. The outdoor permanent sales or display of merchandise shall not be located in any required yard area within the lot; 4. The outdoor sales or display of merchandise shall not include the use of banners, pennants or strings of pennants; and 5. Outdoor storage shall be allowed only where specifically authorized in the applicable district regulation and shall be required to be fully screened with opaque fencing not to exceed eight feet (8’) in height. J. Off Street Parking and Loading: All uses in the Gateway district shall comply with the provisions governing off street parking and loading in Chapter 21A.44 of this title. K. Environmental Performance Standards: All uses in the Gateway district shall conform to the environmental performance standards in Section 21A.36.180 of this title. L. Wall or Fencing: All uses in the Gateway district shall comply with the provisions governing fences, walls and hedges in Section 21A.40.120 of this title. M. Affordable Housing: 1. Notwithstanding the minimum height requirements identified above, any buildings that have ten (10) or more residential units with at least twenty percent (20%) of the units as affordable shall be allowed to have a minimum building height of thirty feet (30’). 2. Affordable housing units within a market rate development shall be integrated throughout the project in an architectural manner. N. Accessory Uses, Buildings and Structures: Accessory uses and structures are permitted in the Gateway district subject to the requirements of this chapter, Chapter 21A.36, Subsection 21A.36.020.B, Section 21A.36.030, and Chapter 21A.40 of this title. O. Urban Design: The urban design standards are intended to foster the creation of a rich urban environment that accommodates growth and is compatible with existing buildings and uses in the area. All general development and site plans shall be designed to complement the surrounding existing contiguous (historic) development. The following design standards will provide human scale through change, contrast, intricacy, color and materials where the lower levels of buildings face public streets and sidewalks. They will also spatially define the street space in order to concentrate pedestrian activity, create a 33 clear urban character and promote visibility of commercial activities at the ground level. The standards will also encourage diversity through the use of building forms and materials, while respecting the patterns, styles and methods of construction traditionally used in the gateway area. The following urban design standards will be reviewed as part of the site plan review process, with assistance from planning division staff as necessary: 1. Architectural Character and Materials: a. A differentiated base (on a building over 45 feet high) will provide human scale through change, contrast, and intricacy in facade form, color and/or material where the lower levels of the building face the sidewalk(s) and street(s). Scaling elements such as insets and projections serve to break up flat or monotonous facades, and respond to older nearby buildings. Therefore, all buildings in the Gateway district are subject to the following standards: (1) All buildings over forty five feet (45’) in height shall be designed with a base that is differentiated from the remainder of the building. The base shall be between one and three (3) stories in height, be visible from pedestrian view, and appropriately scaled to the surrounding contiguous historic buildings. The base shall include fenestration that distinguishes the lower from upper floors. Insets and/or projections are encouraged. (2) All new buildings in the Gateway district shall have a minimum of seventy percent (70%) of the exterior material (excluding windows) be brick, masonry, textured or patterned concrete and/or cut stone. With the exception of minor building elements (e.g., soffit, fascia) the following materials are allowed only through the design review process: EIFS, tilt-up concrete panels, corrugated metal, vinyl and aluminum siding, and other materials. (3) All buildings which have been altered over seventy five percent (75%) on the exterior facade shall comply with the exterior material requirement for new construction. Buildings older than fifty (50) years are exempt from this requirement if alterations are consistent with the existing architecture. (4) Two-dimensional curtain wall veneer of glass, spandrel glass or metal as a primary building material is prohibited. The fenestration of all new construction shall be three-dimensional (e.g., recessed windows, protruding cornice, etc.). b. The climate in Salt Lake City is such that in the summer months shade is preferred, and in the winter months protection from snow is preferred. By providing the pedestrian with a sidewalk that is enjoyable to use year round, a pedestrian oriented neighborhood is encouraged. Therefore, new construction in the gateway area is subject to the following standards: 34 (1) Arcades are permitted in the Gateway district, but where an arcade extends over the public way, a revocable permit is required. Where an arcade is on private property facing the street, the maximum setback for the building shall be measured to the supporting beams for the arcade or the facade of the upper floors, not the facade of the arcade level. (2) Awnings and/or marquees, with or without signage, are required over entry doors which are set back from the property line and may be allowed, under revocable permit, when an entry is at a property line. (3) Awnings, with or without signage, are permitted over ground level windows. Where awnings extend out over the public way, a revocable permit is required. 2. Windows and Building Fenestration: a. Buildings whose exteriors are smooth, and do not provide any three-dimensional details or fenestration are not appropriate in the Gateway district. Recessed windows will eliminate flat, sterile elevations. Highly reflective materials are distracting, and focus attention away from the positive qualities of the Gateway district. Therefore, all buildings in the Gateway district are subject to the following standards: (1) Buildings with completely smooth exterior surfaces shall not be permitted, all new construction shall have three-dimensional details on the exterior that includes cornices, windowsills, headers and similar features. (2) All windows shall be recessed from the exterior wall a minimum of three inches (3”). Bay windows, projecting windows, and balcony doors are exempt from this requirement. (3) The reflectivity of the glass used in the windows shall be limited to eighteen percent (18%) as defined by the ASTA standard. 3. Entrance and Visual Access: a. The intent in the Gateway district is to encourage pedestrian activity between the public street/sidewalk and buildings. Sidewalks shall provide continuous, uninterrupted interest to the pedestrian by providing visual interest and/or amenities. The gateway environment will benefit with increased pedestrian activity; this activity will only occur if opportunities are provided that make walking to a destination a preferred and an enjoyable pursuit. The use of blank building facade walls is discouraged. Therefore, all buildings in the gateway area are subject to the following standards: 35 (1) Minimum First Floor Glass: The first floor elevation facing a street of all new buildings or buildings in which the property owner is modifying the size of windows on the front facade within the Gateway district shall not have less than forty percent (40%) glass surfaces. All first floor glass shall be nonreflective. Display windows that are three-dimensional and are at least two feet (2’) deep are permitted and may be counted toward the forty percent (40%) glass requirement. Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director may approve a modification to this requirement if the planning director finds: (A) The requirement would negatively impact the historic character of the building, or (B) The requirement would negatively impact the structural stability of the building. (C) The ground level of the building is occupied by residential uses, in which case the forty percent (40%) glass requirement may be reduced to twenty five percent (25%). Appeal of administrative decision is to the planning commission. (2) Facades: Provide at least one operable building entrance per elevation that faces a public street. Buildings that face multiple streets are only required to have one door on either street, if the facades for both streets meet the forty percent (40%) glass requirement. (3) Maximum Length: The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the first floor level shall be fifteen feet (15’). (4) Screening: All building equipment and service areas, including on-grade and roof mechanical equipment and transformers that are readily visible from the public right-of-way, shall be screened from public view. These elements shall be sited to minimize their visibility and impact, or enclosed as to appear to be an integral part of the architectural design of the building. 4. Building Lines and Front Area Requirements: a. A continuity of building frontage adjacent and parallel to the street encourages a more active involvement between building uses and pedestrians. Leftover or ambiguous open space that has no apparent use or sense of place will not contribute positively to an active street life. Therefore, all buildings in the Gateway district are subject to the following standard: 36 (1) The majority of the ground level facade of a building shall be placed parallel, and not at an angle, to the street. 5. Public Amenities and Public Art: a. Amenities and works of art enhance quality of life as well as visual interest. Public amenities and public art encourage pedestrian activity and contribute to the pedestrian experience. A cohesive, unified lighting and amenity policy will help give the Gateway district its own distinctive identity. Therefore, public amenities and public art are subject to the following standards: (1) Sidewalks and street lamps installed in the public right-of-way shall be of the type specified in the sidewalk/street lighting policy document. (2) Public art (which may include artists’ work integrated into the design of the building and landscaping, sculpture, painting, murals, glass, mixed media or work by artisans), that is accessible or directly viewable to the general public shall be included in all projects requiring design review approval for a site or design standard. The plan to incorporate public art shall be reviewed by the Salt Lake Art Design Board. 6. Design Review Approval: A modification to the urban design provisions of this section may be granted through the design review process, subject to conformance with the standards and procedures of Chapter 21A.59 of this title. P. Definitions: For the purposes of this section, the following terms shall have the following meanings: AFFORDABLE HOUSING: Housing which persons of income below the County area median are able to afford. See definitions of moderate income, low income and very low income. BLOCK FACE: Structures that appear on one of four (4) sides of a block, the structures along a street that are between two (2) other streets. CONTIGUOUS: Next in sequence, touching or connected throughout an unbroken sequence. FACADE: The front of a building, or any other “face” of a building on a street or courtyard given special architectural treatment. FENESTRATION: The arrangement, proportioning and design of windows and doors in a building, an opening in a surface. LOW INCOME: Between fifty percent (50%) and eighty percent (80%) of the County area median income. 37 MASSING: The principal part or main body of matter, bulk. MODERATE INCOME: Between eighty percent (80%) and one hundred twenty percent (120%) of the County area median income. PROPORTION: The relation of one part to another or to the whole with respect to magnitude, quantity or degree. PROPORTIONAL: Corresponding in size, degree or intensity, having the same or a constant ratio. REMODEL: To alter the structure of, remake. SCALE: A proportion between two (2) sets of dimensions. STREETSCAPE: A general description of all structures along a street frontage that may include: multiple buildings, benches, works of art, and landscaping. VERY LOW INCOME: At or below fifty percent (50%) of the County area median income. SECTION 15. Amending the text of Salt Lake City Code Section 21A.31.020. That Section 21A.31.020 of the Salt Lake City Code (Zoning: Gateway Districts: G-MU Gateway- Mixed Use District) shall be, and hereby is amended to read as follows: 21A.31.020: G-MU GATEWAY-MIXED USE DISTRICT: A. Purpose Statement: The G-MU Gateway-Mixed Use District is intended to implement the objectives of the adopted gateway development master plan and encourage the mixture of residential, commercial and assembly uses within an urban neighborhood atmosphere. The 200 South corridor is intended to encourage commercial development on an urban scale and the 500 West corridor is intended to be a primary residential corridor from North Temple to 400 South. Development in this district is intended to create an urban neighborhood that provides employment and economic development opportunities that are oriented toward the pedestrian with a strong emphasis on a safe and attractive streetscape. The standards are intended to achieve established objectives for urban and historic design, pedestrian amenities and land use regulation. B. Uses: Uses in the G-MU Gateway-Mixed Use District as specified in Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”, of this title are permitted subject to the general provisions set forth in Section 21A.31.010 of this chapter and this section. 38 C. Planned Development Review: All new construction of principal buildings, uses, or additions that increase the floor area and/or parking requirement by twenty five percent (25%) in the G-MU Gateway-Mixed Use District may be approved only as a planned development in conformance with the provisions of Chapter 21A.55 of this title. D. Special Provisions: 1. Commercial Uses, 200 South: All buildings fronting 200 South shall have commercial uses that may include retail goods/service establishments, offices, restaurants, art galleries, motion picture theaters or performing arts facilities shall be provided on the first floor adjacent to the front or corner side lot line. The facades of such first floor shall be compatible and consistent with the associated retail or office portion of the building and other retail uses in the area. 2. Residential Units, 500 West: Buildings fronting on 500 West shall be required to have residential units occupying a minimum of fifty percent (50%) of the structure’s gross square footage. 3. Mid Block Street Development: Developments constructing mid block streets, either privately owned with a public easement or publicly dedicated, that are desired by an applicable master plan: a. May use a portion or all of the overhead and underground right-of-way of the new mid block street as part of their developable area irrespective of lot lines, subject to design evaluation and approval of the planning commission. b. May increase the height of the building on the remaining abutting parcel, subject to conformance with the standards and procedures of Chapter 21A.59, “Design Review”, of this title. 4. Design Reviews: A modification to the special provisions of this section may be granted through the design review process, subject to conformance with the standards and procedures of Chapter 21A.59 of this title. E. Building Height: The minimum building height shall be forty five feet (45’) and the 200 South Street corridor shall have a minimum height of twenty five feet (25’). The maximum building height shall not exceed seventy five feet (75’) except buildings with nonflat roofs (e.g., pitched, shed, mansard, gabled or hipped roofs) may be allowed, up to a maximum of ninety feet (90’) (subject to subsection I of this section). The additional building height may incorporate habitable space, but not for parking structures. 1. Design Review: A modification to the minimum building height or to the maximum building height (up to 120 feet) provisions of this section may be granted through the design review process, subject to conformance with the standards and procedures of Chapter 21A.59 of this title, and subject to compliance to the applicable master plan. 39 2. Height Exceptions: Spires, tower, or decorative noninhabitable elements shall have a maximum height of ninety feet (90’) and with design review approval may exceed the maximum height, subject to conformance with the standards and procedures of Chapter 21A.59 of this title. F. Minimum Lot Area and Lot Width: None required. G. Minimum Yard Requirements: No minimum setback requirements. There is not a maximum front yard or corner side yard setback except that a minimum of twenty five percent (25%) of the length of the facade of a principal building shall be set back no farther than five feet (5’) from the street right-of-way line. H. Signs: Signs shall be allowed in the Gateway district in accordance with provisions of Chapter 21A.46 of this title. I. Affordable Housing: Notwithstanding the maximum height requirements identified above, any buildings that have at least ten (10) or more residential units with at least twenty percent (20%) of the units as affordable shall be allowed a maximum building height of ninety feet (90’). The affordable units shall be integrated throughout the project in an architectural manner. SECTION 16. Amending the text of Salt Lake City Code Subsection 21A.32.130.E. That Subsection 21A.32.130.E of the Salt Lake City Code (Zoning: Special Purpose Districts: MU Mixed Use District: Minimum Yard Area Requirements) shall be, and hereby is amended to read as follows: E. Minimum Yard Area Requirements: 1. Single-Family Detached, Single-Family Attached, Two-Family, and Twin Home Dwellings: a. Front Yard: Ten feet (10’). b. Corner Side Yard: Ten feet (10’). c. Interior Side Yard: (1) Corner lots: Four feet (4’). (2) Interior lots: (A) Single-family attached: No yard is required, however if one is provided it 40 shall not be less than four feet (4’). (B) Single-family detached, two-family and twin home dwellings: Four feet (4’) on one side and ten (10) on the other. d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not be more than twenty feet (20’). 2. Multi-Family Dwellings, Including Mixed Use Buildings With Less Than Twenty Five Percent Nonresidential Uses: a. Front Yard: Ten feet (10’) minimum. b. Corner Side Yard: Ten feet (10’). c. Interior Side Yard: Ten feet (10’). d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not exceed thirty feet (30’), however, if one hundred percent (100%) of the off street parking is provided within the principal building and/or underground, the minimum required rear yard shall be fifteen feet (15’). 3. Nonresidential Development, Including Mixed Uses With Greater Than Twenty Five Percent Nonresidential Uses: a. Front Yard: Ten feet (10’) minimum. b. Corner Side Yard: Ten feet (10’). c. Interior Side Yard: No setback is required. d. Rear Yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet (30’). 4. Legally Existing Lots: Lots legally existing on the effective date hereof, April 7, 1998, shall be considered legal conforming lots. 5. Additions: For additions to buildings legally existing on the effective date hereof, required yards shall be no greater than the established setback line. 6. Maximum Setback: A maximum setback is required for at least seventy five percent (75%) of the building facade. The maximum setback is twenty feet (20’). Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard 41 and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following: a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture. b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. Appeal of administrative decision is to the planning commission. SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.36.161.B.13. That Subsection 21A.36.161.B.13 of the Salt Lake City Code (Zoning: General Provisions: Mobile Food Courts: Qualifying Provisions) shall be, and hereby is amended to read as follows: 13. Hard surface paving at the vehicular entrance to the mobile food court, and for each individual mobile food business is required. Alternatives to asphalt and cement may be approved as part of the conditional use process if the applicant is able to demonstrate that the alternative will not result in the accumulation of mud or debris on the city right-of-way. SECTION 18. Amending the text of Salt Lake City Code Subsection 21A.36.200.I. That Subsection 21A.36.200.I of the Salt Lake City Code (Zoning: General Provisions: Qualifying Provisions for an Urban Farm: Parking) shall be, and hereby is amended to read as follows: I. Parking: Parking for an urban farm shall comply with the provisions governing off street parking and loading in Chapter 21A.44 of this title. All vehicular circulation, staging, and parking shall be on a hard surface. SECTION 19. Amending the text of Salt Lake City Code Section 21A.37.050. That Section 21A.37.050 of the Salt Lake City Code (Zoning: Design Standards: Design Standards Defined) shall be, and hereby is amended to read as follows: 21A.37.050: DESIGN STANDARDS DEFINED: 42 The design standards in this chapter are defined as follows. Each design standard includes a specific definition of the standard and may include a graphic that is intended to help further explain the standard, however the definition supersedes any conflict between it and a graphic. A. Ground Floor Use and Visual Interest: This standard’s purpose is to increase the amount of active uses and/or visual interest on the ground floor of a building. There are two (2) options for achieving this, one dealing solely with the amount of ground floor use, and the other combining a lesser amount of ground floor use with increased visual interest in the building facade’s design. 1. Ground Floor Use Only: This option requires that on the ground floor of a new principal building, a permitted or conditional use other than parking shall occupy a minimum portion of the length of any street facing building facade according to Section 21A.37.060, Table 21A.37.060 of this chapter. All portions of such ground floor spaces shall extend a minimum of twenty five feet (25’) into the building. Parking may be located behind these spaces. a. For single-family attached uses, the required use depth may be reduced to ten feet (10’). b. For single-family or two-family uses, garages occupying up to fifty percent (50%) of the width of the ground floor building facade are exempt from this requirement. c. For all other uses, vehicle entry and exit ways necessary for access to parking are exempt from this requirement. Such accessways shall not exceed thirty feet (30’) in width. Individual dwelling unit garages do not qualify for this exemption. 2. Ground Floor Use and Visual Interest: This option allows for some flexibility in the amount of required ground floor use, but in return requires additional design requirements for the purpose of creating increased visual interest and pedestrian activity where the lower levels of buildings face streets or sidewalks. An applicant utilizing this option must proceed through the design review process for review of the project for determination of the project’s compliance with those standards, and in addition, whether it contributes to increased visual interest through a combination of increased building material variety, architectural features, facade changes, art, and colors; and, increased pedestrian activity through permeability between the building and the adjacent public realm using niches, bays, gateways, porches, colonnades, stairs or other similar features to facilitate pedestrian interaction with the building. B. Building Materials: 1. Ground Floor Building Materials: Other than windows and doors, a minimum amount of the ground floor facade’s wall area of any street facing facade shall be clad in durable materials according to Section 21A.37.060, Table 21A.37.060 of this chapter. Durable materials include stone, brick, masonry, textured or patterned concrete, and 43 fiber cement board. Other materials may be used for the remainder of the ground floor facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the ground floor of a structure. 2. Upper Floor Building Materials: Floors above the ground floor level shall include durable materials on a minimum amount of any street facing building facade of those additional floors according to Section 21A.37.060, Table 21A.37.060 of this chapter. Windows and doors are not included in that minimum amount. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the upper floor of a structure. C. Glass: 1. Ground Floor Glass: The ground floor building elevation of all new buildings facing a street, and all new ground floor additions facing a street, shall have a minimum amount of glass, or within a specified percentage range, between three feet (3’) and eight feet (8’) above grade according to Section 21A.37.060, Table 21A.37.060 of this chapter. All ground floor glass shall allow unhampered and unobstructed visibility into the building for a depth of at least five feet (5’), excluding any glass etching and window signs when installed and permitted in accordance with Chapter 21A.46, “Signs”, of this title. The planning director may approve a modification to ground floor glass requirements if the planning director finds: a. The requirement would negatively affect the historic character of an existing building; b. The requirement would negatively affect the structural stability of an existing building; or c. The ground level of the building is occupied by residential uses that face the street, in which case the specified minimum glass requirement may be reduced by fifteen percent (15%). 2. Upper Floor Glass: Above the first floor of any multi-story building, the surface area of the facade of each floor facing a street must contain a minimum amount of glass according to Section 21A.37.060, Table 21A.37.060 of this chapter. D. Building Entrances: At least one operable building entrance on the ground floor is required for every street facing facade. Additional operable building entrances shall be required, at a minimum, at each specified length of street facing building facade according to Section 21A.37.060, Table 21A.37.060 of this chapter. The center of each additional entrance shall be located within six feet (6’) either direction of the specified 44 location. Each ground floor nonresidential leasable space facing a street shall have an operable entrance facing that street and a walkway to the nearest sidewalk. Corner entrances, when facing a street and located at approximately a forty five degree (45°) angle to the two (2) adjacent building facades (chamfered corner), may count as an entrance for both of the adjacent facades. E. Maximum Length of Blank Wall: The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the ground floor level along any street facing facade shall be as specified according to Section 21A.37.060, Table 21A.37.060 of this chapter. Changes in plane, texture, materials, scale of materials, patterns, art, or other architectural detailing are acceptable methods to create variety and scale. This shall include architectural features such as bay windows, recessed or projected entrances or windows, balconies, cornices, columns, or other similar architectural features. The architectural feature shall be either recessed a minimum of twelve inches (12”) or projected a minimum of twelve inches (12”). F. Maximum Length of Street Facing Facades: No street facing building wall may be longer than specified along a street line according to Section 21A.37.060, Table 21A.37.060 of this chapter. A minimum of twenty feet (20’) is required between separate buildings when multiple buildings are placed on a single parcel according to Subsection 21A.36.010.B, “One Principal Building Per Lot”, of this title. The space between buildings shall include a pedestrian walkway at least five feet (5’) wide. G. Upper Floor Step Back: 1. For street facing facades the first full floor, and all additional floors, above thirty feet (30’) in height from average finished grade shall be stepped back a minimum horizontal distance from the front line of building, according to Section 21A.37.060, Table 21A.37.060 of this chapter. An alternative to this street facing facade step back requirement may be utilized for buildings limited to forty five feet (45’) or less in height by the zoning ordinance: those buildings may provide a four foot (4’) minimum depth canopy, roof structure, or balcony that extends from the face of the building toward the street at a height of between twelve feet (12’) and fifteen feet (15’) above the adjacent sidewalk. Such extension(s) shall extend horizontally parallel to the street for a minimum of fifty percent (50%) of the face of the building and may encroach into a setback as permitted per Section 21A.36.020, Table 21A.36.020.B, “Obstructions in Required Yards”, of this title. 2. For facades facing single- or two-family residential districts, a public trail or public open space the first full floor, and all additional floors, above thirty feet (30’) in height from average finished grade shall be stepped back a minimum horizontal distance from the corresponding required yard setback (building line) according to Section 21A.37.060, Table 21A.37.060 of this chapter. H. Exterior Lighting: All exterior lighting shall be shielded and directed down to prevent light trespass onto adjacent properties. Exterior lighting shall not strobe, flash or flicker. 45 I. Parking Lot Lighting: If a parking lot/structure is adjacent to a residential zoning district or land use, any poles for the parking lot/structure security lighting are limited to sixteen feet (16’) in height and the globe must be shielded and the lighting directed down to minimize light encroachment onto adjacent residential properties or into upper level residential units in multi-story buildings. Lightproof fencing is required adjacent to residential properties. J. Screening of Mechanical Equipment: All mechanical equipment for a building shall be screened from public view and sited to minimize their visibility and impact. Examples of siting include on the roof, enclosed or otherwise integrated into the architectural design of the building, or in a rear or side yard area subject to yard location restrictions found in Section 21A.36.020, Table 21A.36.020.B, “Obstructions in Required Yards”, of this title. K. Screening of Service Areas: Service areas, loading docks, refuse containers and similar areas shall be fully screened from public view. All screening enclosures viewable from the street shall be either incorporated into the building architecture or shall incorporate building materials and detailing compatible with the building being served. All screening devices shall be a minimum of one foot (1’) higher than the object being screened, and in the case of fences and/or masonry walls the height shall not exceed eight feet (8’). Dumpsters must be located a minimum of twenty five feet (25’) from any building on an adjacent lot that contains a residential dwelling or be located inside of an enclosed building or structure. L. Ground Floor Residential Entrances for Single-Family Dwellings: For the zoning districts listed in Section 21A.37.060, Table 21A.37.060 of this chapter all attached single-family dwellings, townhomes, row houses, and other similar single-family housing types located on the ground floor shall have a primary entrance facing the street for each unit adjacent to a street. Units may have a primary entrance located on a courtyard, mid block walkway, or other similar area if the street facing facades also have a primary entrance. M. Residential Character in RB District: 1. All roofs shall be pitched and of a hip or gable design except additions or expansions to existing buildings may be of the same roof design as the original building; 2. The remodeling of residential buildings for retail or office use shall be allowed only if the residential character of the exterior is maintained; 3. The front building elevation shall contain not more than fifty percent (50%) glass; 4. Signs shall conform with special sign regulations of Chapter 21A.46, “Signs”, of this title; 5. Building orientation shall be to the front or corner side yard; and 46 6. Building additions shall consist of materials, color and exterior building design consistent with the existing structure, unless the entire structure is resurfaced. N. Primary Entrance Design in SNB District: Primary entrance design shall consist of at least two (2) of the following design elements at the primary entrance, so that the primary entrance is architecturally prominent and clearly visible from the abutting street. 1. Architectural details such as arches, friezes, tile work, canopies, or awnings. 2. Integral planters or wing walls that incorporate landscape or seating. 3. Enhanced exterior light fixtures such as wall sconces, light coves with concealed light sources, or decorative pedestal lights. 4. A repeating pattern of pilasters projecting from the facade wall by a minimum of eight inches (8”) or architectural or decorative columns. 5. Recessed entrances that include a minimum step back of two feet (2’) from the primary facade and that include glass on the sidewalls. SECTION 20. Amending the text of Salt Lake City Code Section 21A.37.060. That Section 21A.37.060 of the Salt Lake City Code (Zoning: Design Standards: Design Standards Required in Each Zoning District) shall be, and hereby is amended to read as follows: 21A.37.060: DESIGN STANDARDS REQUIRED IN EACH ZONING DISTRICT: This section identifies each design standard and to which zoning districts the standard applies. If a box is checked, that standard is required. If a box is not checked, it is not required. If a specific dimension or detail of a design standard differs among zoning districts or differs from the definition, it will be indicated within the box. In cases when a dimension in this table conflicts with a dimension in the definition, the dimensions listed in the table supersede those in the definition. TABLE 21A.37.060 A. Residential Districts: Standard (Code Section) District RMF- 30 RMF- 35 RMF- 45 RMF- 75 RB R- MU- 35 R- MU- 45 R- MU RO Ground floor use (%) (21A.37.050.A.1) 75 75 47 Standard (Code Section) District RMF- 30 RMF- 35 RMF- 45 RMF- 75 RB R- MU- 35 R- MU- 45 R- MU RO Ground floor use + visual interest (%) (21A.37.050.A.2) Building materials: ground floor (%) (21A.37.050.B.1) 80 80 Building materials: upper floors (%) (21A.37.050.B.2) Glass: ground floor (%) (21A.37.050.C.1) 60 60 40 Glass: upper floors (%) (21A.37.050.C.2) Building entrances (feet) (21A.37.050.D) 75 75 X Blank wall: maximum length (feet) (21A.37.050.E) 15 15 15 Street facing facade: maximum length (feet) (21A.37.050.F) Upper floor step back (feet) (21A.37.050.G) 10 Lighting: exterior (21A.37.050.H) Lighting: parking lot (21A.37.050.I) X X Screening of mechanical equipment (21A.37.050.J) X X X Screening of service areas (21A.37.050.K) X X X Ground floor residential entrances (21A.37.050.L) Parking garages or structures (21A.44.060.A.15.) 48 Standard (Code Section) District RMF- 30 RMF- 35 RMF- 45 RMF- 75 RB R- MU- 35 R- MU- 45 R- MU RO Residential character in RB Residential/Business District (21A.37.050.N) X B. Commercial Districts: Standard (Code Section) District SNB CN CB CS CC CSHBD CG TSA Ground floor use (%) (21A.37.050A.1) 80 Ground floor use + visual interest (%) (21A.37.050.A.2) 60/25 Building materials: ground floor (%) (21A.37.050.B.1) 90 Building materials: upper floors (%) (21A.37.050.B.2) 60 Glass: ground floor (%) (21A.37.050.C.1) 40 40 40 40 60 Glass: upper floors (%) (21A.37.050.C.2) Building entrances (feet) (21A.37.050.D) X X X X X X X 40 Blank wall: maximum length (feet) (21A.37.050.E) 15 15 15 15 15 Street facing facade: maximum length (feet) (21A.37.050.F) 200 49 Standard (Code Section) District SNB CN CB CS CC CSHBD CG TSA Upper floor step back (feet) (21A.37.050.G) 15 Lighting: exterior (21A.37.050.H) X X X Lighting: parking lot (21A.37.050.I) X X X X X X X X Screening of mechanical equipment (21A.37.050.J) X X X X X Screening of service areas (21A.37.050.K) X X X X Ground floor residential entrances (21A.37.050.L) X Parking garages or structures (21A.44.060.A.15) Primary entrance design SNB Small Neighborhood Business District (21A.37.050.O) X C. Manufacturing Districts: Standard (Code Section) District M-1 M-2 Ground floor use (%) (21A.37.050.A.1) Ground floor use + visual interest (%) (21A.37.050.A.2) Building materials: ground floor (%) (21A.37.050.B.1) Building materials: upper floors (%) (21A.37.050.B.2) Glass: ground floor (%) (21A.37.050.C.1) Glass: upper floors (%) (21A.37.050.C.2) 50 Standard (Code Section) District M-1 M-2 Building entrances (feet) (21A.37.050.D) Blank wall: maximum length (feet) (21A.37.050.E) Street facing facade: maximum length (feet) (21A.37.050.F) Upper floor step back (feet) (21A.37.050.G) Lighting: exterior (21A.37.050.H) X X Lighting: parking lot (21A.37.050.I) X X Screening of mechanical equipment (21A.37.050.J) Screening of service areas (21A.37.050.K) Ground floor residential entrances (21A.37.050.L) Parking garages or structures (21A.44.060.A.15) D. Downtown Districts: Standard (Code Section) District D-1 D-2 D- 3 D- 4 Ground floor use (%) (21A.37.050.A.1) 75 753 Ground floor use + visual interest (%) (21A.37.050.A.2) 60/25 Building materials: ground floor (%) (21A.37.050.B.1) 80 702 Building materials: upper floors (%) (21A.37.050.B.2) 50 702 Glass: ground floor (%) (21A.37.050.C.1) 40/601 40 40 40 Glass: upper floors (%) (21A.37.050.C.2) 25 Building entrances (feet) (21A.37.050.D) 50 Blank wall: maximum length (feet) (21A.37.050.E) 15 Street facing facade: maximum length (feet) (21A.37.050.F) 200 Upper floor step back (feet) (21A.37.050.G) 51 Standard (Code Section) District D-1 D-2 D- 3 D- 4 Lighting: exterior (21A.37.050.H) X Lighting: parking lot (21A.37.050.I) X Screening of mechanical equipment (21A.37.050.J) X Screening of service areas (21A.37.050K) X Ground floor residential entrances (21A.37.050.L) Parking garages or structures (21A.44.060.A.15) X Notes: 1. Minimum requirement is 60 percent when project is within the Main Street retail core. 2. In the D-3 Downtown Warehouse/Residential District this percentage applies to all sides of the building, not just the front or street facing facade. 3. This percentage applies only as a requirement as noted in Subsection 21A.30.045.C.7.b of this title for projects that are seeking conditional height. E. Special Purpose Districts: Standard (Code Section) District RP BP FP AG AG -2 AG -5 AG -20 PL PL- 2 I UI OS NOS MH EI MU Ground floor use (%) (21A.37.050.A.1) Ground floor use + visual interest (%) (21A.37.050.A.2) Building materials: ground floor (%) (21A.37.050.B.1) Building materials: upper floors (%) (21A.37.050.B.2) 52 Standard (Code Section) District RP BP FP AG AG -2 AG -5 AG -20 PL PL- 2 I UI OS NOS MH EI MU Glass: ground floor (%) (21A.37.050.C.1) 40- 70 Glass: upper floors (%) (21A.37.050.C.2) Building entrances (feet) (21A.37.050.D) X Blank wall: maximum length (feet) (21A.37.050.E) 15 Street facing facade: maximum length (feet) (21A.37.050.F) Upper floor step back (feet) (21A.37.050.G) Lighting: exterior (21A.37.050.H) X X X Lighting: parking lot (21A.37.050.I) X X Screening of mechanical equipment (21A.37.050.J) X Screening of service areas (21A.37.050.K) X Ground floor residential entrances (21A.37.050.L) Parking garages or structures (21A.44.060.A.15) 53 SECTION 21. Amending the text of Salt Lake City Code Section 21A.38.070. That Section 21A.38.070 of the Salt Lake City Code (Zoning: Nonconforming Uses and Noncomplying Structures: Legal Conforming Single-Family Detached Dwellings, Two-Family Dwellings, and Twin Homes) shall be, and hereby is amended to read as follows: 21A.38.070: LEGAL CONFORMING SINGLE-FAMILY DETACHED DWELLINGS, TWO-FAMILY DWELLINGS, AND TWIN HOMES: Any legally existing single-family detached dwelling, two-family dwelling, or twin home located in a zoning district that does not allow these uses shall be considered legal conforming. Legal conforming status shall authorize replacement of the single-family detached dwelling, two-family dwelling, or twin home structure to the extent of the original footprint. A. Alterations, Additions or Extensions or Replacement Structures Greater Than the Original Footprint: In zoning districts other than M-1 and M-2, which do not allow detached single-family dwelling units, two-family dwelling units or twin homes, any alterations, extensions/additions or the replacement of the structure may exceed the original footprint by twenty five percent (25%) of the existing structure subject to the following standards: 1. Any alterations, extensions/additions or the replacement structure shall not project into a required yard beyond any encroachment established by the structure being replaced. 2. Any alterations, additions or extensions beyond the original footprint which are noncomplying are subject to special exception standards of Subsection 21A.52.030.A.15 of this title. 3. All replacement structures in nonresidential zones are subject to the provisions of Section 21A.36.190, “Residential Building Standards for Legal Conforming Single- Family Detached Dwellings, Two-Family Dwellings and Twin Homes in Nonresidential Zoning Districts”, of this title. Any alterations, additions or extensions or replacement structures which exceed twenty five percent (25%) of the original footprint, or alterations, additions or extensions or replacement of a single-family detached dwelling, two-family dwelling or twin home in an M-1 or M-2 zoning district may be allowed as a conditional use subject to the provisions of Chapter 21A.54 of this title. B. Off Street Parking: When replacing a legal conforming single-family detached dwelling, two-family dwelling or twin home, the number of new parking stalls 54 provided shall be in accordance with the parking spaces required by Section 21A.44.040. SECTION 22. Amending the text of Salt Lake City Code Section 21A.40.065. That Section 21A.40.065 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Outdoor Dining) shall be, and hereby is amended to read as follows: 21A.40.065: OUTDOOR DINING: “Outdoor dining”, as defined in Chapter 21A.62 of this title, shall be allowed within the buildable lot area, in all zoning districts where such uses are allowed, as either a permitted or conditional use. Outdoor dining in the public way shall be permitted subject to all city requirements. Outdoor dining is allowed within the required landscaped yard or buffer area, in commercial and manufacturing zoning districts where such uses are allowed. Outdoor dining is allowed in the RB, CN, MU, R-MU, RMU-35 and the RMU-45 zones and for nonconforming restaurants and similar uses that serve food or drinks through the provisions of the special exception process (see Chapter 21A.52 of this title). All outdoor dining shall be subject to the following conditions: A. All requirements of Chapter 21A.48 and Section 21A.36.020 of this title are met. B. All required business, health and other regulatory licenses for the outdoor dining have been secured. C. A detailed site plan demonstrating the following: 1. All the proposed outdoor dining activities will be conducted on private property owned or otherwise controlled by the applicant and that none of the activities will occur on any publicly owned rights-of-way unless separate approval for the use of any such public rights-of-way has been obtained from the city; 2. The location of any paving, landscaping, planters, fencing, canopies, umbrellas or other table covers or barriers surrounding the area; 3. The proposed outdoor dining will not impede pedestrian or vehicular traffic; and 4. The main entry has a control point as required by state liquor laws. D. The proposed outdoor dining complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for property. 55 E. Live music will not be performed nor loudspeakers played in the outdoor dining area unless the decibel level is within conformance with the Salt Lake City noise control ordinance, Title 9, Chapter 9.28 of this Code. F. Smoking shall be prohibited within the outdoor dining area and within twenty five feet (25’) of the outdoor dining area. G. The proposed outdoor dining complies with the environmental performance standards as stated in Section 21A.36.180 of this title. H. Outdoor dining shall be located in areas where such use is likely to have the least adverse impacts on adjacent properties. SECTION 23. Amending the text of Salt Lake City Code Chapter 21A.44. That Chapter 21A.44 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading) shall be, and hereby is amended to read as follows: 21A.44.010: Purpose 21A.44.020: Applicability 21A.44.030: Calculation of Parking 21A.44.040: Required Off Street Parking 21A.44.050: Alternatives to Minimum and Maximum Parking Calculations 21A.44.060: Parking Location and Design 21A.44.070: Off Street Loading Areas 21A.44.080: Drive-Through Facilities and Vehicle Stacking Areas 21A.44.090: Modifications to Parking Areas 21A.44.100: Use and Maintenance 21A.44.110: Nonconforming Parking and Loading Facilities 21A.44.010: PURPOSE: This chapter is intended to require that new development and redevelopment projects provide off street parking and loading facilities in proportion to the parking, loading, and transportation demands of the buildings and land uses included in those projects. This chapter is also intended to help protect the public health, safety, and general welfare by: A. Avoiding and mitigating traffic congestion and reducing the financial burden on taxpayer funded roadways; B. Providing necessary access for service and emergency vehicles; 56 C. Providing for safe and convenient interaction between vehicles, bicycles, and pedestrians; D. Providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city; E. Reducing storm water runoff, reducing heat island effect from large expanses of pavement, improving water quality, and minimizing dust pollution; F. Establishing context-sensitive parking standards to reflect the current and future built environment of neighborhoods; and G. Avoiding and mitigating the adverse visual and environmental impacts of large concentrations of exposed parking. 21A.44.020: APPLICABILITY: A. Amounts of Parking, Loading, and Drive-Through Facilities Required: The standards of this chapter are intended to establish: minimum and maximum amounts of vehicle parking; minimum required bicycle parking, minimum required loading facilities, and minimum capacity of drive-through facilities and shall apply to projects involving the activities listed below. In some instances, other standards of this chapter provide alternatives for required compliance. Certain exemptions are intended to encourage utilization of existing structures and preserve desirable characteristics of locations built prior to parking requirements. 1. New Development: Unless otherwise exempted by Section 21A.44.020.A.4, the standards in this chapter shall apply to all development and land uses upon adoption of this ordinance. 2. Expansion of Use or Structure: The number of off street parking and loading spaces for the expansion of a use or structure shall comply with the requirements of Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“ and the standards of this chapter when: a. One or more additional dwelling units is created; or b. The addition to or expansion of one or more structures or uses that, when considered together with any other expansions during the previous two-year period, would increase the total usable floor area of the structure(s) by more than twenty- five percent (25%); or c. The addition to or expansion of one (1) or more structures or uses that requires conditional use permit approval. 3. Change of Use: 57 a. Except when located within an Urban Center or Transit Context, or as stated in Subsection b below, off street parking shall be provided pursuant to this chapter for any change of use that increases the minimum number of required vehicle parking spaces by: (1) More than ten (10) parking spaces; or (2) More than twenty-five percent (25%) of the parking spaces that currently exist on-site or on permitted off-site locations. b. For changes in use in buildings built prior to 1944, no additional parking shall be required beyond what is existing. 4. Exemptions from Parking Requirements: The following shall be exempt from providing the minimum parking required by Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“, but shall comply with maximum parking allowed and location and design standards in Section 21A.44.060 if parking is provided: a. Lots created prior to April 12,1995 that are less than five thousand (5,000) square feet in lot area, except those being used for single- family, two-family, and twin home dwelling uses; b. Expansions or enlargements that increase the square footage of usable floor area of an existing structure or parking requirements for the use by twenty-five percent (25%) or less, provided that existing off street parking and loading areas are not removed. B. Location and Design: Section 21A.44.060, “Parking Location and Design“, shall apply to all vehicle parking, bicycle parking, loading, and drive-through facilities, regardless of whether the project is subject to the requirements for additional parking spaces or other facilities pursuant to Subsection 21A.44.020.A above. Parking garages are subject to design standards found in Subsection 21A.44.060.A.16 and specific requirements of other zoning districts found in Subsection 21A.44.060.B. 21A.44.030: CALCULATION OF PARKING: A. Generally: 1. All parking and loading requirements that are based on square footage shall be calculated on the basis of usable floor area of the subject use, unless otherwise specified in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“. 2. Parking spaces shall not be counted more than once for required off-site, shared, and/or alternative parking plans, except where the development 58 complies with off-site, shared, and/or alternative parking standards. 3. Parking spaces designed or designated exclusively for motorcycles, scooters, and other two wheeled vehicles shall not count toward the number of minimum required or maximum allowed off street parking spaces. 4. Parking spaces intended for storage of business vehicles, such as fleet vehicles, delivery vehicles, or vehicles on display associated with sales or rental shall not count toward the number of minimum required or maximum allowed off street parking spaces unless otherwise stated in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“. 5. Parking spaces designed or designated exclusively for recreational vehicles shall not count toward the number of minimum required or maximum allowed off street parking spaces. 6. When calculations of the number of required off street parking spaces for vehicles or bicycles result in a fractional number, any fraction of 0.5 or larger shall be rounded up to the next higher whole number. Calculations for more than one use in a project shall be calculated for each individual use and may be rounded individually and added, or added then rounded as determined by the applicant. 7. Lots containing more than one (1) use may provide parking and loading based on the shared parking calculations in Subsection 21A.44.050.B, “Shared Parking”. B. Unlisted Uses: For uses not listed in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking” the planning director is authorized to do any of the following: 1. Apply the minimum or maximum off street parking space requirement specified in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“, for the listed use that is deemed most similar to the proposed use as determined by the planning director based on operating characteristics, the most similar related occupancy classification, or other factors related to potential parking demand determined by the director. 2. Apply a minimum parking requirement of three (3) spaces per one thousand (1,000) square feet of usable floor area for the use and a maximum parking allowance of five (5) spaces per one thousand (1,000) square feet of useable floor area for the use. 3. Establish the minimum off street parking space and loading requirements based on a parking study prepared by the applicant according to Subsection 21A.44.050.F. 59 21A.44.040: REQUIRED OFF STREET PARKING: A. Minimum and Maximum Parking Spaces Required: 1. Unless otherwise provided in this code, each development or land use subject to this chapter pursuant to Section 21A.44.020 shall provide at least the minimum number, and shall not provide more than the maximum number, of off street parking spaces required by Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“. 2. A parking standard shown in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking”, is not an indication of whether the use is allowed or prohibited in the respective zoning district or context area. See Chapter 21A.33, “Land Use Tables” for allowed and prohibited uses. 3. The maximum parking limit does not apply to parking provided in parking garages, stacked or racked parking structures, or to off-site parking that complies with all other requirements of this title. 4. The maximum parking limit does not apply to properties in the M-1, M-2, BP, or Airport zoning districts that are located west of the centerline of Redwood Road. 5. If a conditional use is approved by the planning commission in accordance with Chapter 21A.54, “Conditional Uses”, and the conditional use approval states a different parking requirement than that required by this Chapter 21A.44, and is determined necessary to mitigate a detrimental impact, then the parking requirement in the conditional use approval shall apply. 6. All uses with vehicle stacking and/or drive-through facilities shall comply with Section 21A.44.080, “Drive-Through Facilities and Vehicle Stacking Areas”, in addition to the requirements of Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“. 7. All uses with outdoor sales, display, leasing, and/or auction areas shall also provide one-half (1/2) parking space and no more than two (2) parking spaces per one thousand (1,000) sq. ft. of outdoor sales, display, leasing, and/or auction area. This additional parking shall not count toward the maximum allowed per Table 21A.44.040-A, “Minimum and Maximum Off Street Parking”, when a maximum is specified. Context Approach: 60 Salt Lake City has a wide variety of development contexts that make any single approach to minimum and maximum parking requirements ineffective. The parking demand for a downtown area served by transit will be much lower than a downtown adjacent neighborhood or suburban shopping center. To ensure that minimum and maximum parking requirements reflect the built context (and future built context) of the area, we created four distinct “context areas”, and then tailored minimum and maximum parking standards to each. The Minimum and Maximum Off Street Parking Table below lists the specific zoning districts included in each context area. The following is a brief narrative introducing each context area: 1. General Context: This category includes the city’s zoning districts that tend to be more auto-dependent and/or suburban in scale and parking needs. This context applies broadly to all of the zoning districts that are not specifically listed in the other context areas. 2. Neighborhood Center: This category includes areas with small- or moderate-scale shopping, gathering, or activity spaces, often within or adjacent to General Context areas, but that are not necessarily well served by transit. This category includes zoning districts with pedestrian-scale development patterns, building forms, and amenities. 3. Urban Center: This category includes zoning districts with dense, pedestrian-oriented development within more intensely developed urban centers. The parking demand in this context is higher than in the Neighborhood Center Context, but lower than areas with good transit service. 4. Transit Context: This category includes those zoning districts that immediately surround mass-transit facilities and/or are in the downtown core. These areas have the lowest parking demand and may be exempt from minimum parking requirements or be required to provide minimal off street parking. 61 TABLE 21A.44.040-A: MINIMUM AND MAXIMUM OFF STREET PARKING: DU = dwelling unit sq. ft. = square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1. CSHBD2 D-1, D-3 D-4, G-MU, TSA-C, UI, FB-UN2, FB- UN3, FB-SC. R-MU Vehicle Stacking and Drive-Through Facilities: See Subsection 21A.44.040.A.6 Outdoor Sales/Display/Leasing/Auction Areas: See Subsection 21A.44.040.A.7 RESIDENTIAL USES Household Living Artists’ loft/studio 1.5 spaces per DU 1 space per DU 0.5 spaces per DU No Minimum No Maximum Manufactured home 2 spaces per DU 1 space per DU No Minimum All Contexts: 4 spaces, not including recreational vehicle parking spaces Mobile home Single-family (attached) Single-family (detached) Single-family cottage development building form 1 space per DU Twin home 2 spaces per DU Two-family 62 Multi-family Studio and 1 bedrooms: 1 space per DU, 2+ bedrooms 1.25 space per DU Studio and 1+ bedrooms: 1 space per DU Studio: No Minimum 1 bedroom: 0.5 space per DU 2+ bedrooms: 1 space per DU No Minimum All Contexts: Studio & 1 Bedroom: 2 spaces per DU 2+ bedrooms: 3 spaces per DU Group Living Assisted living facility 1 space for each 6 infirmary or nursing home beds; plus 1 space for each 4 rooming units; plus 1 space for each 3 DU See Table Note A 1 space for each 8 infirmary or nursing home beds; plus 1 space for each 6 rooming units; plus 1 space for each 4 DU See Table Note A No Minimum No Maximum Nursing care facility Eleemosynary facility 1 space per 4 persons design capacity; See Table Note A 1 space per 6 persons design capacity; See Table Note A 1 space per 4 persons design capacity; See Table Note A No Minimum All Contexts: 1 space per 3 persons design capacity; See Table Note A Group home Residential support Dormitory, fraternity, sorority 1 space per 2 persons design capacity 1 space per 3 persons design capacity 1 space per 4 persons design capacity No Minimum All Contexts: 1 space per 1 persons design capacity Rooming (boarding) house 1 space per 2 guest rooms 1 space per 3 guest rooms 1 space per 4 guest No Minimum No Maximum 63 rooms Shared housing 0.5 spaces per unit 0.25 spaces per unit No Minimum No Maximum PUBLIC, INSTITUTIONAL, AND CIVIC USES Community and Cultural Facilities Art gallery 1 space per 1,000 sq. ft. 0.5 spaces per 1,000 sq. ft. No Minimum All Contexts: 2 spaces per 1,000 sq. ft. Studio, Art Exhibition hall Museum Crematorium 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum No Maximum Daycare center, adult Daycare center, child Homeless resource center Library Community correctional facility, 3 spaces per 1,000 sq. ft. 2.5 spaces per 1,000 sq. ft. Community recreation center Jail Government facility 3 spaces per 1,000 sq. ft. of office area 1 space per 1,000 sq. ft. of office area No Minimum No Maximum Social service mission and charity dining hall 64 Municipal service use, including city utility use and police and fire station 2 spaces per 1,000 sq. ft. of office area, plus 1 space per service vehicle 1 space per 1,000 sq. ft. of office area, plus 1 space per service vehicle No Minimum No Maximum Club/lodge 1 space per 6 seats in main assembly area 1 space per 8 seats in main assembly area 1 space per 10 seats in main assembly area No Minimum All Contexts: 1 space per 4 seats in main assembly area Meeting hall of membership organization Convent/monastery 1 space per 4 persons design capacity 1 space per 6 persons design capacity 1 space per 8 persons design capacity No Minimum No Maximum Funeral home 1 space per 4 seats in main assembly area 1 space per 5 seats in main assembly area 1 space per 6 seats in main assembly area No Minimum Urban Center and Transit Center Context: 2 spaces per 4 seats in main assembly areas Neighborhood Center and General Context: No maximum Place of worship All Contexts: 65 1 space per 6 seats or 1 space per 300 sq. ft., whichever is less 1 space per 8 seats or 1 space per 400 sq. ft., whichever is less 1 space per 10 seats or 1 space per 500 sq. ft., whichever is less No Minimum 1 space per 3.5 seats or 1 space per 200 sq. ft., whichever is greater Fairground See Table Note B No Maximum Philanthropic use See Table Note B All Contexts: 2 spaces per 1,000 sq. ft. of office, plus 1 space per 6 seats in assembly areas Zoological park See Table Note B No Maximum Ambulance service Cemetery No Minimum Plazas Park Open space Educational Facilities College and university 2 spaces per 1,000 sq. ft. office, research, and library area, plus 1 space per 6 seats in assembly areas 1 space per 1,000 sq. ft. office, research, and library area, plus 1 space per 10 seats in assembly areas K - 12 private Elementary or Middle: 1 space per 20 students 66 K - 12 public design capacity High Schools: 1 space per 8 students design capacity No Minimum All Contexts: 4 spaces per 1,000 sq. ft. Dance/music studio 3 spaces per 1,000 sq. ft. 2.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Music conservatory Professional and vocational Professional and vocational (with outdoor activities) Seminary and religious institute Healthcare Facilities Clinic (medical, dental) 4 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum All Contexts: 6 spaces per 1,000 sq. ft Blood donation center 3 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Transit and Urban Center Context: 3 spaces per 1,000 sq. ft Neighborhood Center and General Context: 6 spaces per 1,000 sq. ft. Hospital 1 space per 3 patient beds design capacity 1 space per 2 patient beds design capacity All Contexts: 1 space per 2 patient beds design capacity Hospital, including accessory lodging facility COMMERCIAL USES 67 Agricultural and Animal Uses Greenhouse 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum Transit and Urban Center Context: 2 spaces per 1,000 sq. ft Neighborhood Center and Kennel Pound Veterinary office Cremation service, animal 1 space per 1,000 sq. ft. Kennel on lots of 5 acres or larger Poultry farm or processing plant General Context: No Maximum Raising of furbearing animals Slaughterhouse Agricultural use No Minimum Community garden Farmer’s market Grain elevator Pet cemetery Stable Stockyard Urban farm Botanical garden See Table Note B Recreation and Entertainment Auditorium 1 space per 4 seats in assembly areas 1 space per 6 seats in 1 space per 8 seats in No Minimum All Contexts: 1 space per 3 seats in assembly Theater, live performance 68 Theater, movie assembly areas assembly areas areas Amphitheater See Table Note B Athletic Field Stadium Tennis court (principal use) 2 spaces per court No Minimum Transit and Urban Center Bowling 2 spaces per lane Context: 2 spaces per court or lane Neighborhood Center and General Context: No Maximum Convention center 1 space per 1,000 sq. ft. No Minimum All Contexts: 3 spaces per 1,000 sq. ft. Swimming pool, skating rink or natatorium Health and fitness facility 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. All Contexts: 4 spaces per 1,000 sq. ft. Performing arts production facility Reception center Recreation (indoor) 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. Recreational vehicle park (minimum 1 acre) 1 space per designated camping or RV spot No Maximum Amusement park See Table Note B Recreation (outdoor) See Table Note B 69 Food and Beverage Services Brewpub Indoor tasting/seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasting/seating area: 2 spaces per 1,000 sq. ft. Indoor tasting/ seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasting/ se ating area: 1 space per 1,000 sq. ft. No Minimum Transit and Urban Center Context: 5 spaces per 1,000 sq. ft indoor tasting/seating area Neighborhood Center and General Context: 7 spaces per 1,000 sq. ft. indoor tasting/seating area All Contexts: Outdoor tasting/ seating area: 4 spaces per 1,000 sq. ft. Restaurant Tavern Social club 1 space per 6 seats in main assembly area, or 1 space per 300 sq. ft., whichever is less 1 space per 8 seats in main assembly area, or 1 space per 400 sq. ft., whichever is less 1 space per 10 seats in main assembly area, or 1 space per 500 sq. ft., whichever is less No Minimum All Contexts: 1 space per 4 seats in main assembly area, or 1 space per 200 sq. ft., whichever is greater Office, Business, and Professional Services Check cashing/payday loan business General Context: 70 Dental laboratory/ research facility 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum 4 spaces per 1,000 Neighborhood Center Context: 3 spaces per 1,000 Urban Center and Transit Center Contexts: 2 spaces per 1,000 Financial institution Research and laboratory facilities Office (excluding medical and dental clinic and office) 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. Retail Sales & Services Photo finishing lab No Minimum 1 space per 1,000 sq. ft. No Minimum Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center and General Context: 3 spaces per 1,000 sq. ft. Electronic repair shop Furniture repair shop Upholstery shop Radio, television station 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. 71 Store, Convenience 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. No Minimum Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center: 3 spaces per 1,000 sq. ft. General Context: 5 spaces per 1,000 sq. ft. Auction, Indoor 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. Transit Context: 2 Store, Department Fashion oriented development 1 space per 1,000 sq. ft. spaces per 1,000 sq. ft. Urban Center and Neighborhood Center Context: 3 spaces per 1,000 sq. ft. General Context: 4 spaces per 1,000 sq. ft. Flea market (indoor) Flea market (outdoor) Store, Mass merchandising Store, Pawn shop Store, Specialty Retail goods establishment Retail service establishment Store, Superstore and hypermarket Store, Warehouse club 72 Retail shopping center over 55,000 sq. ft. usable floor area Up to 100,000 sq. ft. : 2. spaces per 1,000 sq. ft. . Above 100,000 sq. ft. : sq. ft. 1.5 spaces per 1,000 sq. ft. Up to 100,000 sq. ft. : 1.5 spaces per 1,000 sq. ft. . Above 100,000 sq. ft. : 1.25 spaces per 1,000 sq. ft. Transit and Urban Center Contexts: up to 100,000 sq. ft.: 2 spaces per 1,000 sq. ft., above 100,000 sq. ft.: 1.75 spaces per 1,000 sq. ft. Neighborhood Center and General Context: Up to 100,000 sq. ft.: 3 spaces per 1,000 sq. ft., above 100,000 sq. ft.: 2.5 spaces per 1,000 sq. ft. Plant and garden shop with outdoor retail sales area 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Transit and Urban Center Contexts: 1.5 spaces per 1,000 sq. ft. Neighborhood Center: 2 spaces per 1,000 sq. ft. General Context: 3 spaces per 1,000 sq. ft. 73 Lodging Facilities Bed and breakfast 1 space per guest bedroom 0.5 spaces per guest bedroom No Minimum All Contexts: 1.25 spaces per guest bedroom Hotel/motel All Contexts: 1.5 spaces per guest bedroom Vehicles and Equipment Vehicle Auction 2 spaces per 1,000 sq. ft. of office area plus 1 space per service bay 1 space per 1,000 sq. ft. of office area plus 1 space per service bay No Minimum No Maximum Automobile part sales 2 spaces per 1,000 sq. ft. of indoor sales/leasing/office area plus 1 space per service bay 1 space per 1,000 sq. ft. of indoor sales/leas ing/ office area plus 1 space per service bay No Minimum All Contexts: 3 spaces per 1,000 sq. ft. of indoor sales/leasing/ office area, plus 1 space per service bay Automobile and truck repair sales/rental and service Boat/recreational vehicle sales and service (indoor) Equipment rental (indoor and/or outdoor) Equipment, heavy (rental, sales, service) 74 Manufactured/mobile home sales and service Recreational vehicle (RV) sales and service Truck repair sales and rental (large) Car wash No Minimum Transit and Urban Center Contexts: 1 space per 1,000 sq. ft. Neighborhood Center: 2 spaces per 1,000 sq. ft. General Context: 5 spaces per 1,000 sq. ft. Car wash as accessory use to gas station or convenience store that sells gas Gas station 2 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. No Minimum General Context: 5 spaces per 1,000 sq. ft. Neighborhood Center Context: 3 spaces per 1,000 sq. ft. Urban Center Context: 1 space per 1,000 sq. ft. Bus line yard and repair facility 1 space per 1,000 sq. ft. , plus 1 space per commercial fleet vehicle No Minimum No Maximum 75 Impound lot Limousine service Taxicab facility Tire distribution retail/wholesale Adult Entertainment Establishments Sexually oriented business 3 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum All Contexts: 5 spaces per 1,000 sq. ft. TRANSPORTATION USES Airport Determined by Airport Authority No Maximum Heliport Bus line station/terminal No Minimum Urban Center and Transit Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center and General Context: 1 space per 150 average daily passenger boardings Intermodal transit passenger hub Railroad, passenger station Transportation terminal, including bus, rail and trucking Railroad, repair shop 1 space per 1,000 sq. ft. , plus 1 space per fleet vehicle generally stored on-site No Minimum No Maximum Truck freight terminal Railroad, freight terminal facility No Minimum INDUSTRIAL USES 76 Manufacturing and Processing Artisan food production 1 space per 1,000 sq. ft. of production area, plus 2 spaces per 1,000 sq. ft. of office/retail 0.5 spaces per 1,000 sq. ft. of productio n area, plus 1.5 spaces per 1,000 sq. ft. of office/ret ail No Minimum Transit and Urban Center Contexts: 1 space per 1,000 sq. ft. of production area, plus 2 spaces per 1,000 sq. ft. of office/retail Neighborhood Center and General Context: 2 spaces per 1,000 sq. ft. of production area, plus 3 spaces per 1,000 sq. ft. of office/retail Bakery, commercial Automobile salvage and recycling (outdoor) 1 space per 1,000 sq. ft. of office 0.5 space per 1,000 sq. ft. of office No Minimum All Contexts: 7 spaces per 1,000 sq. ft. of office/retail Processing center (outdoor) Automobile salvage and recycling (indoor) Blacksmith shop Bottling plant Brewery/Small Brewery 77 Chemical manufacturing and/or storage 1 space per 1,000 sq. ft. No Minimum No Maximum Commercial food preparation Distillery Drop forge industry Explosive manufacturing and storage Food processing Heavy manufacturing Incinerator, medical waste/hazardous waste Industrial assembly Jewelry fabrication Laundry, commercial Light manufacturing Manufacturing and processing, food Paint manufacturing Printing plant Processing center (indoor) Recycling Sign painting/ fabrication Studio, motion picture 78 Welding shop No Minimum Winery Woodworking mill Collection station No Minimum Concrete and/or asphalt manufacturing Extractive industry Manufacturing, concrete or asphalt Refinery, petroleum products Storage and Warehousing Air cargo terminals and package delivery facility 1 space per 1,000 sq. ft. , plus 1 space per fleet vehicle generally stored on-site No Maximum Building materials distribution Flammable liquids or gases, heating fuel distribution and storage Package delivery facility Warehouse Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate) Wholesale distribution 79 Storage, self 2 spaces per 1,000 sq. ft. of office area, plus 1 space per 30 storage units 2 spaces per 1,000 sq. ft. of office All Contexts: 1 space for every 15 storage units Contractor’s yard/office 2 spaces per 1,000 sq. ft. of office area All Contexts: 3 spaces per 1,000 sq. ft. of office area Rock, sand and gravel storage and distribution No Minimum No Maximum Storage (outdoor) Storage and display (outdoor) Storage, public (outdoor) PUBLIC AND SEMI-PUBLIC UTILITY USES Utility: Building or structure No Minimum No Maximum Antenna, communication tower Antenna, communication tower, exceeding the maximum building height in the zone Large wind energy system Solar array Utility: Electric generation facility Utility: Sewage treatment plant 80 Utility: Solid waste transfer station Utility: Transmission wire, line, pipe or pole Wireless telecommunications facility ACCESSORY USES Accessory Dwelling Unit See Section 21A.40.200: Accessory Dwelling Units Accessory guest and servant’s quarter 1 space per DU No Minimum Living quarter for caretaker or security guard All Contexts: 4 spaces per DU Retail, sales and service accessory use when located within a principal building 2 spaces per 1,000 1 space per 1,000 Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center: 3 spaces per 1,000 sq. ft. General Context: 4 spaces per 1,000 sq. ft. Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees No Minimum Warehouse, accessory 0.5 spaces per 1,000 sq. ft. of warehouse/wholesale No Minimum 81 Accessory use, except those that are otherwise specifically regulated elsewhere in this title No Minimum No Maximum Heliport, accessory Reverse vending machine Storage, accessory (outdoor) TEMPORARY USES Mobile food business (operation in public right-of-way) No minimum, unless required by temporary use permit or as determined by the Zoning Administrator No Maximum Mobile food business (operation on private property) Mobile food court Vending cart, private property Vending cart, public property Farm stand, seasonal Table Notes: A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal Fair Housing Act, and that (b) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. B. Parking requirements to be determined by the transportation director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. B. Electric Vehicle Parking: Each multi-family use shall provide a minimum of one (1) parking space dedicated to electric vehicles for every twenty five (25) parking 82 spaces provided on-site. Electric vehicle parking spaces shall count toward the minimum required number of parking spaces. The electric vehicle parking space shall be: 1. Located in the same lot as the principal use; 2. Located as close to a primary entrance of the principal building as possible; 3. Signed in a clear and conspicuous manner, such as special pavement marking or signage, indicating exclusive availability to electric vehicles; and 4. Outfitted with a standard electric vehicle charging station. C. Accessible Parking: 1. The number and design of accessible (ADA) parking spaces shall be pursuant to the standards provided in the Salt Lake City Off Street Parking Standards Manual. 2. Parking areas with four (4) or fewer vehicle parking spaces are not required to identify an accessible parking space; however, if parking is provided, a minimum of one (1) parking space shall comply with the ADA standard dimensions. 3. The number of required accessible spaces shall be based on the total number of vehicle spaces provided to serve the principal uses, as shown below in Table 21A.44.040-B, “Accessible Parking Required“. TABLE 21A.44.040-B: ACCESSIBLE PARKING REQUIRED: Off Street Parking Spaces Provided Minimum Required Accessible Spaces 1 to 100 1 per 25 parking spaces 101 to 500 1 per 50 parking spaces 501 to 1,000 2 percent of total number of parking spaces 1,001 and more 20, plus 1 for each 100 parking spaces over 1,000 83 D. Bicycle Parking: 1. Applicability: The following regulations apply to all uses except for single- family, two-family, and twin home residential uses and nonresidential uses having less than one thousand square feet (1,000 sq. ft.) of usable floor area. 2. Calculation of Minimum Required Bicycle Parking Spaces: The number of required bicycle spaces shall be based on the use within the defined parking contexts as shown in Table 21A.44.040-C, “Minimum Bicycle Parking Requirements”, unless another city standard requires a different number of bicycle parking spaces for a specific use, in which case the use-specific bicycle parking standard shall apply. TABLE 21A.44.040-C: MINIMUM BICYCLE PARKING REQUIREMENTS*: (Calculation of Bicycle Parking Spaces to be Provided per Residential Unit or Based on Usable Floor Area) Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35, R-MU-45, SR-3, FB-UN1, FB-SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA- C, UI, FB-UN2, FB- UN3, FB- SC, R-MU Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units Public, Institutional, and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft. Commercial Uses 1 per 20,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft. Industrial Uses No requirement No requirement No requirement No Requirement *For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to the nearest whole number, with one-half counted as an additional space 3. Building Expansions or Changes of Use: Building expansions or changes of use that require additional vehicle parking spaces pursuant to Section 84 21A.44.020 and Section 21A.44.040 shall provide additional bicycle parking spaces based on the calculations in Table 21A.44.040-C, “Minimum Bicycle Parking Requirements”, for the entire use. 4. Secure/Enclosed Bicycle Parking: Each one (1) bicycle parking space that is within a secure/enclosed bicycle parking facility may be used to satisfy the requirement of two (2) required bicycle parking spaces. 5. Existing Public Bicycle Parking Facilities: Permanent public bicycle racks or bike corrals located within fifty feet (50’) of the primary entrance to the principal building may be used to satisfy up to two (2) required bicycle parking spaces. 6. Accessory and Temporary Uses: No bicycle parking spaces are required for accessory or temporary uses. 21A.44.050: ALTERNATIVES TO MINIMUM AND MAXIMUM PARKING CALCULATIONS: The amount of off street vehicle parking required pursuant to Table 21A.44.040-A, “Minimum and Maximum Off Street Parking”, may be adjusted by the factors listed in this section. These adjustments may be applied as part of the calculation of parking requirements and do not require discretionary approval by the City. A. Limitations on Adjustments to Minimum Required Parking: The adjustments listed in Subsections 21A.44.050.B through 21A.44.050.G may be used in any combination, but shall not be combined to reduce the minimum required parking established in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“, by more than forty percent (40%). B. Shared Parking: 1. Shared Parking for Two or More Uses: a. Where two (2) or more uses listed in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking”, share a parking garage or parking lot that is located on one of the properties that is sharing parking, or is located within the maximum permitted distance of all of the properties sharing parking shown in Table 21A.44.060-B, “Maximum Distances for Off-Site Parking”, the total minimum off street parking requirement for those uses may be reduced by the factors shown in Table 21A.44.050-A, “Shared Parking Reduction Factors“. b. The minimum number of off street parking spaces shall be the sum of the parking requirements for the uses divided by the factor shown in Table 21A.44.050-A, “Shared Parking Reduction Factors”, for that combination of uses. 85 Example: If a 5,000 square foot art gallery shared a parking lot with a 5,000 square foot retail goods establishment, and a 100 unit multi-family residential use in the Urban Center Context, the minimum off street parking required would be calculated as follows: 〉 Use 1: Art Gallery 〉 0.5 per 1,000 sq. ft. x (5,000 sq. ft.) = 3 parking spaces 〉 Use 2: Retail Goods Establishment 〉 1 per 1,000 sq. ft. x (5,000 sq. ft.) = 5 parking spaces 〉 Use 3: Multi-Family Residential 〉 0 per studio unit x (20 studio units) = 0 parking spaces 〉 0.5 per 1 bedroom unit x (36 1 bedroom units) = 18 parking spaces 〉 1 per 2+ bedroom units x (44 2+ bedroom units) = 44 parking spaces 〉 0+18+44 = 62 parking spaces 〉 Sum of two largest minimum parking requirements: 〉 5 (retail goods establishment)+ 62 (multi-family) = 67 parking spaces 〉 Reduction Factor (two largest minimums): 〉 67 ÷ 1.2 reduction factor = 55.8 or 56 parking spaces 〉 Add Remaining Minimum(s): 〉 56 (retail & multi-family) + 3 (art gallery) = 59 parking spaces required TABLE 21A.44.050-A: SHARED PARKING REDUCTION FACTORS: Property Use Multi-Family Residential Public, Institutional, or Civic Food and Beverage, Recreation and Entertainment, or Lodging Retail Sales Other Non- Residential Multi-Family Residential [1] Public, Institutional and Civic 1.1 Food and Beverage, Recreation and Entertainment, or 1.1 1.2 86 Lodging Retail Sales 1.2 1.3 1.3 Other Non-Residential 1.3 1.5 1.7 1.2 [1] Applies to multi-family residential, assisted living facility (large), group home (large), and residential support (large) uses 2. Documentation Required: a. The owners of record involved in the joint use of shared parking shall submit written documentation of the continued availability of the shared parking arrangement to the Transportation Director for review. b. The Director shall approve the shared parking arrangement if the Director determines that the documentation demonstrates the continued availability of the shared parking facility for a reasonable period of time. No zoning or use approval shall be issued until the Director has approved the shared parking documentation. c. If the shared parking arrangement is later terminated or modified and the Director determines that the termination or modification has resulted in traffic congestion, overflow parking in residential neighborhoods, or threats to pedestrian, bicycle, or vehicle safety, the property owners involved in the shared parking arrangement may be held in violation of this chapter. C. Proximity to Fixed-Rail Transit: Required parking for a development located within one-quarter mile (when measured radially in a straight line from the subject property line) of a fixed-rail transit station platform in the General Context, Neighborhood Center Context, and Urban Center Context areas may be reduced by up to twenty-five percent (25%). This shall not apply to single or two-family uses including: single-family (attached or detached), twin homes, or two-family. D. Affordable and Senior Housing (Multi-Family Structures): The minimum number of required off street parking spaces for multi-family residential developments with at least ten (10) dwelling units may be reduced by twenty-five percent (25%) if the multi-family development has: 1. A minimum of twenty-five percent (25%) of the dwelling units are restricted to residents with no greater than sixty percent (60%) area median income (AMI) 87 for leased units; or 2. A minimum of thirty-five percent (35%) of the dwelling units are restricted to residents with no greater than eighty percent (80%) AMI for sale units; or 3. A minimum of seventy-five percent (75%) of the dwelling units are restricted to persons sixty-five (65) years of age or older. For a development that meets any of the scenarios above, an additional reduction of up to fifteen percent (15%) may be allowed when the development is located within one-quarter mile (when measured radially in a straight line from the subject property line) of a bus stop that is serviced by the same route at least every fifteen (15) minutes during daytime hours, Monday - Saturday. E. Car Pool and Carshare Parking: 1. For parking lots with one hundred (100) or more parking spaces, each off street parking space designated and signed for the exclusive use of a shared car pool vehicle shall count as three (3) spaces toward the satisfaction of minimum off street vehicle parking requirements. 2. For parking lots with one hundred (100) or more parking spaces, each off street parking space designated and signed for the exclusive use of a shared vanpool vehicle shall count as seven (7) spaces toward the satisfaction of minimum off street vehicle parking requirements. 3. For parking lots of any size, each off street parking space designated and signed for the exclusive use of a carshare vehicle shall count as four (4) spaces toward the satisfaction of minimum off street vehicle parking requirements. F. Valet Parking Services: Modifications to minimum on site parking spaces may occur on a one-to-one basis if off site valet parking is provided and: 1. The design of the valet parking does not cause customers who do not use the valet services to park off the premises or cause queuing in the right-of-way; 2. The availability of valet parking service is clearly posted outside the establishment and near the main entrance; and 3. The applicant provides adequate written assurances for the continued operation of the valet parking, and a written agreement to notify future owners and tenants of the property of the duty to continue to provide off-site valet parking. G. Parking Study Demonstrating Different Parking Needs: 88 1. The transportation director, in consultation with the planning director, may authorize a change in the amount of off street parking spaces. The authorization shall be based on the applicant submitting a parking study that demonstrates a different off street parking demand for the proposed development, use, or combination of uses than calculated from Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“, and subject to the overall limits on parking adjustments in Subsection 21A.44.050.A above. 2. The transportation director and planning director shall determine whether the information and assumptions used in the study are reasonable and whether the study accurately reflects anticipated off street parking demand for the proposed development, use, or combination of uses. 3. Considerations for an alternative parking requirement (parking provided below the minimum required or exceeding the maximum allowed) shall be granted only if the following findings are determined: a. That the proposed parking plan will satisfy the anticipated parking demand for the use; b. That the proposed parking plan will be at least as effective in maintaining traffic circulation patterns, reducing the visibility of parking areas and facilities as would strict compliance with the otherwise applicable off street parking standards; c. That the proposed parking plan does not have a materially adverse impact on adjacent or neighboring properties; d. That the proposed parking plan includes mitigation strategies for any potential impact on adjacent or neighboring properties; and e. That the proposed alternative parking plan is consistent with applicable city plans and policies. 21A.44.060: PARKING LOCATION AND DESIGN: All required parking areas shall be located and designed in accordance with the standards in this Chapter 21A.44: Off Street Parking, Mobility, and Loading and the standards in the Off Street Parking Standards Manual. Modifications to the standards of this Section 21A.44.060 may be granted through the design review process, subject to conformance with the standards and procedures of Chapter 21A.59: Design Review. A. Generally: 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required to serve buildings or uses erected or established after the 89 effective date of this ordinance shall be located on the same lot as the building or use served, unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, “Off-Site Parking Permitted”. 2. Biodetention and Landscape Islands in General and Neighborhood Center Contexts: For parking lots with one hundred (100) or more parking spaces in the General Context and Neighborhood Center Context areas, parking lot islands or biodetention areas shall be provided on the interior of the parking lot to help direct traffic flow and to provide landscaped areas within such lots. 3. Parking Location and Setbacks: All parking shall comply with the parking restrictions within yards pursuant to Table 21A.44.060-A, “Parking Location and Setback Requirements”. TABLE 21A.44.060-A: PARKING LOCATION AND SETBACK REQUIREMENTS: N = parking prohibited between lot line and front line of the principal building Zoning District Front Lot Line Corner Side Lot Line Interior Side Lot Line Rear Lot Line GENERAL CONTEXT Residential (FR Districts, RB, RMF, RO) FR N Parking in driveways that comply with all applicable city standards is exempt from this restriction. 6 ft. 0 ft. R-1, R-2, SR-1, SR-2 0 ft. RMF-30 N 0 ft.; or 10 ft. when abutting any 1-2 family residential district RMF-35, RMF- 45, RMF-75, RO 0 ft.; or 10 ft. when abutting any 1-2 family residential district. Limited to 1 side yard except for single- family attached lots. 90 Commercial and Manufacturing (CC, CS, CG, M-1, M-2, SNB) CC 15 ft. 0 ft.; or 7 ft. when abutting any residential district CS 0 ft.; or 15 ft. when abutting any residential district CG 10 ft. M-1 15 ft. M-2 0 ft.; or 50 ft. when abutting any residential district Special Purpose Districts A 0 ft. 0 ft. AG, AG-2, AG- 5, AG-20 N BP 8 ft.; or 30 ft. when abutting any residential district EI 10 ft. 30 ft. 30 ft. 20 ft. FP 20 ft. 6 ft. 0 ft. I 0 ft.; or 15 ft. when abutting any residential district MH 0 ft. OS 30 ft. 10 ft. PL 0 ft.; or 10 ft. when abutting any residential district PL-2 20 ft. RP 30 ft. 8 ft.; or 30 ft. when abutting any residential district NEIGHBORHOOD CENTER CONTEXT CB , CN, SNB N 0 ft.; or 7 ft. when abutting any 1-2 family residential district 91 R-MU-35, R- MU-45 Surface Parking: N Parking Structures: 45’ or located behind principal building Limited to 1 side yard, 0 ft.; or 10 ft. when abutting any 1-2 family residential district 0 ft.; or 10 ft. when abutting any 1-2 family residential district RB, SR-3, FB- UN1, FB-SE N 0 ft. URBAN CENTER CONTEXT CSHBD1 N 0 ft.; or 7 ft. when abutting any residential district CSHBD2 0 ft.; or 7 ft. when abutting any 1-2 family residential district D-2 Surface Parking: 20 ft. Parking Structures: N 0 ft. MU Surface Parking: 25 ft. or located behind principal structure Parking Structures: 45 ft. or located behind principal structure 0 ft.; limited to 1 side yard 0 ft. TSA-T See Subsection 21A.44.060.B.2 0 ft. TRANSIT CONTEXT D-1 See Subsection 21A.44.060.B.1 D-3 D-4 See Subsection 21A.44.060.B.1 0 ft. G-MU FB-UN2, FB- UN3, FB-SC N TSA-C See Subsection 21A.44.060.B.2 92 R-MU Surface Parking: 30 ft. Parking Structures: 45 ft. or located behind principal structure 0 ft.; or 10 ft. when abutting any 1-2 family residential district Surface parking at least 30 ft. from front lot line. 0 ft.; or 10 ft. when abutting any 1-2 family residential district UI 0 ft; Hospitals: 30 ft. 0 ft.; or 15 ft. when abutting any 1-2 family residential district; Hospitals: 10 ft. 0 ft.; or 15 ft. when abutting any 1-2 family residential district; Hospitals: 10 ft. 4. Off-Site Parking Permitted: When allowed as either a permitted or conditional use per Chapter 21A.33, “Land Use Tables”, off-site parking facilities may be used to satisfy the requirements of this chapter and shall comply with the following standards: a. Maximum Distance of Off-Site Parking: Off-site parking shall be located according to the distance established in Table 21A.44.060-B, “Maximum Distances for Off-Site Parking” (measured in a straight line from the property boundary of the principal use for which the parking serves to the closest point of the parking area). Table 21A.44.060-B: Maximum Distances for Off-Site Parking: Context Maximum Distance to Off-Site Parking Neighborhood Center 600 ft. General Legal Nonconforming Use in Residential District Urban Center 1,200 ft. 93 Transit 1,000 ft. b. Documentation Required: (1) The owners of record involved in an off-site parking arrangement shall submit written documentation of the continued availability of the off-site parking arrangement to the planning director for review. (2) The planning director shall approve the off-site parking arrangement if the director determines the location meets the standards of this section. No zoning or use approval shall be issued until the director has approved the off-site parking arrangement and the documentation has been recorded in the office of the Salt Lake County Recorder. (3) If the off-site parking arrangement is later terminated or modified and the planning director determines that the termination or modification has resulted in traffic congestion, overflow parking in residential neighborhoods, or threats to pedestrian, bicycle, or vehicle safety, the property owners of the uses for which the off-site parking was provided may be held in violation of this chapter. 5. Circulation Plan Required: Any application for a building permit shall include a site plan, drawn to scale, and fully dimensioned, showing any off street parking or loading facilities to be provided in compliance with this title. A tabulation of the number of off street vehicle and bicycle parking, loading, and stacking spaces required by this chapter shall appear in a conspicuous place on the plan. 6. Driveways and Access: a. Compliance with Other Adopted Regulations: (1) Parking lots shall be designed in compliance with applicable city codes, ordinances, and standards, including but not limited to Title 12 of this code: Vehicles and Traffic and the Off Street Parking Standards Manual to the maximum degree practicable, with respect to: (a) Minimum distances between curb cuts; (b) Proximity of curb cuts to intersections; (c) Provisions for shared driveways; (d) Location, quantity and design of landscaped islands; and (e) Design of parking lot interior circulation system. 94 (2) Notwithstanding the provisions of Subsection 21A.44.060.A.6.a(1) above, relocation of a driveway for a single-family, two-family, or twin home residence in any zoning district shall only be required when the residence is replaced, and shall not be required when the residence is expanded or renovated in compliance with the city code. b. Access Standards: Access to all parking facilities shall comply with the following standards: (1) To the maximum extent practicable, all off street parking facilities shall be designed with vehicular access to a street or alley that will least interfere with automobile, bicycle, and pedestrian traffic movement. (2) Parking facilities in excess of five (5) spaces that access a public street shall be designed to allow vehicles to enter and exit the lot in a forward direction. (3) Parking facilities on lots with less than one hundred feet (100’) of street frontage shall have only one (1) curb cut, and lots with one hundred feet (100’) of street frontage or more shall be limited to two (2) curb cuts, unless the transportation director determines that additional curb cuts are necessary to ensure pedestrian, bicycle, and vehicle safety or to comply with the fire code. Public safety uses shall be exempt from limitations on curb cuts. (4) All vehicular access roads/driveways shall be surfaced as required in accordance with Subsection 21A.44.060.A.8, “Surface Materials”. c. Driveway Standards: All driveways shall comply with the following standards: (1) Driveway Location in Residential Zoning Districts: With the exception of legal shared driveways, driveways shall be at least twenty feet (20’) from street corner property lines and five feet (5’) from any public utility infrastructure such as power poles, fire hydrants, and water meters. Except for entrance and exit driveways leading to approved parking areas, no curb cuts or driveways are permitted. (2) Driveway Widths: All driveways serving residential uses shall be a minimum eight feet wide and shall comply with the standards for maximum driveway widths listed in Table 21A.44.060-C, “Minimum and Maximum Driveway Width”. TABLE 21A.44.060-C: MINIMUM AND MAXIMUM DRIVEWAY WIDTH: Zoning District Minimum Driveway Width (in front and corner side yard) Maximum Driveway Width* (in front and corner side 95 yard) SR-1, SR-2 and SR-3 8 ft. 22 ft. MH 8 ft. 16 ft. Other Residential Zoning Districts 8 ft. 30 ft. M-1 and M-2 12 ft. single lane and 24 ft. for two-way 50 ft. Other Non-Residential Zoning Districts 12 ft. single lane and 24 ft. for two-way 30 ft. * Maximum width is for all driveways combined when more than one driveway is provided (3) Shared Driveways: Shared driveways, where two (2) or more properties share one (1) driveway access, may be permitted if the transportation director determines that the design and location of the shared driveway access will not create adverse impacts on traffic congestion or public safety. (4) Driveway Surface: All driveways providing access to parking facilities shall be improved and maintained pursuant to the standards in the Off Street Parking Standards Manual. 7. Minimum Dimensional Standards: All parking spaces shall comply with the dimensional standards in the Off Street Parking Standards Manual. 8. Surface Materials: All parking spaces shall comply with the standards for surfacing of access, driving, and parking surfacing in the Off Street Parking Standards Manual. 9. Grading and Stormwater Management: All surface parking areas shall comply with city grading and stormwater management standards and shall be reviewed for best management practices by Salt Lake City Department of Public Utilities. Refer to the Salt Lake City Stormwater Master Plan, Storm Drainage Manual, and Green Infrastructure Toolbox for additional information. 10. Sight Distance Triangles: All driveways and intersections shall comply with the sight distance triangle standards as defined in the Off Street Parking Standards Manual. 11. Landscaping and Screening: All parking areas and facilities shall comply with the landscaping and screening standards in Chapter 21A.48, “Landscaping and Buffers”. 96 12. Lighting: Where a parking area or parking lot is illuminated, the light source shall be shielded so that the light source is not directly visible from any abutting property or abutting private or public street. 13. Signs: All signs in parking areas or related to parking facilities shall comply with Chapter 21A.46, “Signs”, and applicable provisions of the Manual on Uniform Traffic Control Devices (MUTCD). 14. Pedestrian Walkways: a. Surface parking lots with between twenty-five (25) and one hundred (100) parking spaces shall provide a pedestrian walkway or sidewalk through the parking lot to the primary entrance of the principal building. Pedestrian walkways shall be identified by a change in color, material, surface texture, or grade elevation from surrounding driving surfaces. b. Parking lots with more than one hundred (100) parking spaces shall provide: (1) One (1) or more grade-separated pedestrian walkway(s), at least five feet (5’) in width, and located in an area that is not a driving surface, leading from the farthest row of parking spaces to the primary entrance of the principal building. (2) Vehicles shall not overhang the pedestrian walkway(s). (3) Where the walkway(s) crosses a drive aisle, pedestrian walkway(s) shall be identified by a change in color, material, surface texture, or grade elevation from surrounding driving surfaces. (4) One (1) pedestrian walkway meeting these standards shall be provided for each one hundred (100) parking spaces provided on site or part thereof, after the first one hundred (100) parking spaces. 15. Parking Garages: The following standards shall apply to all above-ground parking garages except those located in the FB zones subject to Subsection 21A.27.030.C.4, whether freestanding or incorporated into a building: a. Each façade or a parking garage adjacent to a public street or public space shall have an external skin designed to conceal the view of all parked cars. Examples include heavy gauge metal screen, precast concrete panels, live green or landscaped walls, laminated or safety glass, or decorative photovoltaic panels. b. No horizontal length of the parking garage façade shall extend longer than 40 feet without the inclusion of architectural elements such as decorative grillwork, louvers, translucent screens, alternating building materials, and other external features to avoid visual monotony. Facade elements shall align with parking 97 levels. c. Internal circulation shall allow parking surfaces to be level (without any slope) along each parking garage facade adjacent to a public street or public space. All ramps between levels shall be located along building facades that are not adjacent to a public street or public space, or shall be located internally so that they are not visible from adjacent public streets or public spaces. d. The location of elevators and stairs shall be highlighted through the use of architectural features or changes in façade colors, textures, or materials so that visitors can easily identify these entry points. e. Interior parking garage lighting shall not produce glaring sources toward adjacent properties while providing safe and adequate lighting levels. The use of sensor dimmable LEDs and white stained ceilings are recommended to control light levels on-site while improving energy efficiency. f. In the Urban Center Context and Transit Context areas, the street-level facades of all parking garages shall be designed to meet applicable building code standards for habitable space to allow at least one (1) permitted or conditional use, other than parking, to be located where the parking garage is located. g. Vent and fan locations shall not be located on parking garage facades facing public streets or public spaces, or adjacent to residential uses, to the greatest extent practicable. 16. Tandem Parking: Where more than one (1) parking space is required to be provided for a residential dwelling unit, the parking spaces may be designed as tandem parking spaces, provided that: a. No more than two (2) required spaces may be included in the tandem parking layout; and b. Each set of two (2) tandem parking spaces shall be designated for a specific residential unit. 17. Cross-Access between Adjacent Uses: The transportation director may require that access to one or more lots be through shared access points or cross-access through adjacent parcels when the transportation director determines that individual access to abutting parcels or limited distance between access points will create traffic safety hazards due to traffic levels on adjacent streets or nearby intersections. Such a determination shall be consistent with requirements of state law regarding property access from public streets. Required cross- access agreements shall be recorded with the Salt Lake County Recorder’s Office. B. Zone Specific Location and Design Standards: 98 1. D-1, D-3, D-4, and G-MU Zoning Districts: The following regulations shall apply to surface or above-ground parking facilities. No special design and setback restrictions shall apply to below-ground parking facilities. a. Block Corner Areas: (1) Within the D-1 zoning district, above-ground parking facilities located within the block corner areas and on Main Street, shall be located behind principal buildings and: a. All above-ground parking facilities that front a street shall contain uses other than parking along the entire length of the building façade and along all stories or levels of the building. b. Vehicle access to parking shall be located to the side of the building or as far from the street corner as possible unless further restricted by this title. (2) Within the D-3, D-4, or G-MU zoning districts, above-ground parking facilities shall be located behind principal buildings, or at least seventy-five feet (75’) from front and corner side lot lines, and shall be landscaped to minimize visual impacts. b. Mid-Block Areas: (1) Within the D-1 zoning district, above-ground parking facilities shall be located behind the front line of principal buildings or shall be located at least seventy- five feet (75’) from front and corner side lot lines. Parking lots proposed as a principal use to facilitate a building demolition are prohibited. (2) Within the D-3, D-4, or G-MU zoning districts, parking facilities shall be located behind principal buildings, or at least thirty feet (30’) from front and corner side lot lines. (3) Parking garages shall meet the following: a. Retail goods/service establishments, offices and/or restaurants shall be provided on the first floor adjacent to the front or corner side lot line. The facades of such first floors shall be compatible and consistent with the associated retail or office portion of the building and other retail uses in the area. b. Levels of parking above the first level facing the front or corner side lot line shall have floors and/or facades that are horizontal, not sloped. c. Landscape Requirements: Surface parking lots, where allowed shall have a 99 minimum landscaped setback of fifteen feet (15’) and shall meet interior parking lot landscaping requirements as outlined in Chapter 21A.48, “Landscaping and Buffers”. 2. TSA Transit Station Area District: New uses and development or redevelopment within the TSA Transit Station Area District shall comply with the following standards. a. Surface Parking on Corner Properties: On corner properties, surface parking lots shall be located behind principal buildings or at least sixty feet (60’) from the intersection of the front and corner side lot lines. b. Surface Parking in the Core Area: Surface parking lots in the core area are required to be located behind or to the side of the principal building. (1) When located to the side of a building, the parking lot shall be: (a) Set back a minimum of thirty feet (30’) from a property line adjacent to a public street. The area between the parking lot and the property line adjacent to a public street shall be landscaped or activated with outdoor dining, plazas, or similar features; (b) Screened with a landscaped hedge or wall that is at least thirty-six inches (36”) above grade and no taller than forty-two inches (42”) above grade. Landscaping berms are not permitted; and (c) No wider than what is required for two (2) rows of parking and one (1) drive aisle as provided in the Off Street Parking Standards Manual. (2) Unless a second driveway is necessary to comply with the fire code, a maximum of one (1) driveway and drive aisle shall be permitted per street frontage. The access point shall be located a minimum of one hundred feet (100’) from the intersection of the front and corner side lot lines. If the front or corner side lot line is less than one hundred feet (100’) in length, then the edge of the drive approach shall be located within twenty feet (20’) of the side or rear property line. c. Surface Parking In the Transition Area: (1) Surface parking lots in the transition area are required to be located behind the principal building or to the side of a principal building. (2) When located to the side of a principal building, the parking lot shall be: (a) Set back so that no portion of the parking area (other than the driveway) shall be closer to the street than the front wall setback of the building. In cases where the front wall of the building is located within five feet (5’) of 100 a property line adjacent to a street, the parking lot shall be set back a minimum of eight feet (8’). The space between the parking lot and the property line adjacent to a street shall be landscaped or activated with outdoor dining, plazas, or similar features; and (b) Screened with a landscaped hedge or wall that is at least thirty-six inches (36”) above grade and no taller than forty-two inches (42”) above grade. Landscaped berms are not permitted. C. Recreational Vehicle Parking: 1. Generally: a. Recreational vehicle parking spaces shall be in addition to, and not in lieu of, required off street vehicle parking spaces. b. Recreational vehicles shall not be used for storage of goods, materials, or equipment other than those that are customarily associated with the recreational vehicle. c. All recreational vehicles shall be stored in a safe and secure manner. Any tie downs, tarpaulins, or ropes shall be secured from flapping in windy conditions. d. Recreational vehicles shall not be occupied as a dwelling while parked on the property. e. Recreational vehicle parking is permitted in any enclosed structure conforming to building code and zoning requirements for the zoning district in which it is located. f. Recreational vehicle parking outside of an approved enclosed structure shall be permitted for each residence and shall be limited to one motor home or travel trailer and a total of two (2) recreational vehicles of any type. g. Recreational vehicle parking outside of an enclosed structure shall comply with the standards in this section. 2. Front Yard Parking: Recreational vehicle parking is prohibited in any required or provided front yard. 3. Rear Yard Parking: Recreational vehicles may be parked in the rear yard when they are on a hard surfaced pad compliant with surfacing standards in the Off Street Parking Standards Manual and with access provided by either a hard surfaced driveway, hard surfaced drive strips or an access drive constructed of turf block materials with an irrigation system. 101 4. Side Yard Parking: Recreational vehicle parking in side yards shall be allowed only when topographical factors, the existence of mature trees, or the existence of properly permitted and constructed structures prohibit access to the rear yard. The existence of a fence or other structure that is not part of a building shall not constitute a lack of rear yard access. Any recreational vehicle parking area in a side yard shall: a. Be on a hard surface compliant with the Off Street Parking Standards Manual; b. Be accessed via a driveway compliant with driveway standards of this chapter; c. Not obstruct access to other required parking for the use. 21A.44.070: OFF STREET LOADING AREAS: A. Number and Size of Loading Areas Required: 1. Unless otherwise specified, a required off street loading berth shall be at least ten feet (10’) in width by at least thirty-five feet (35’) in length for short berths, and twelve feet (12’) in width by at least fifty feet (50’) in length for long berths, exclusive of aisle and maneuvering space. Maneuvering aprons of appropriate width and orientation shall be provided and shall be subject to approval by the transportation director. 2. All loading areas shall have a vertical clearance of at least fourteen feet (14’). 3. Off street loading facilities for new developments or for expansion of an existing development shall be provided at the rate specified for a particular use, or if multiple uses, at the rate of the uses combined, in Table 21A.44.070-A, “Off Street Loading Requirements”. Regardless of the combination of uses, all buildings with a gross floor area over 50,000 square feet shall have a minimum of 1 short berth. TABLE 21A.44.070-A: OFF STREET LOADING REQUIREMENTS: Use Gross Floor Area (Square Feet) Number and Size of Berths Hotels, Institutions, and Institutional Living 50,000 - 100,000 1 short Each additional 100,000 1 short 50,000 - 100,000 1 short 102 Office/Commercial Each additional 100,000 up to 500,000 1 short Retail 50,000 - 100,000 1 long Each additional 100,000 1 long Industrial 25,001 - 50,000 1 long 50,001 - 100,000 2 long Each additional 100,000 1 long Multi- Family Residential # of Dwelling Units (Per Building) Number and Size of Berths 40-150 1 short 151-300 2 short Greater than 300 1 additional short per 200 units B. Location and Design of Loading Areas: 1. All required loading berths shall be located on the same development site as the use(s) served. 2. No loading berth shall be located within thirty feet (30’) of the nearest point of intersection of any two (2) streets. 3. No loading berth shall be located in a required front yard. 4. Each required loading berth shall be located and designed to: a. Allow all required vehicle maneuvering and backing movements on-site; b. Minimize conflicts with pedestrian, bicycle, and traffic movement or encroachments into any pedestrian walkway, bicycle lane, public right-of-way, and fire lane; and c. Avoid the need to back into a public street while leaving the site to the maximum extent practicable, as determined by the planning director and the transportation director. 103 5. Landscaping and screening of all loading berths shall be provided to comply with the requirements of Chapter 21A.48, “Landscaping and Buffers”. 6. Where a loading berth is illuminated, the light source shall be shielded so that the light source is not directly visible from any abutting property or abutting private or public street. 7. All signs in loading areas shall comply with Chapter 21A.46, “Signs”, and applicable provisions of the Manual on Uniform Traffic Control Devices. 8. All required loading berths shall comply with the surfacing standards of the Off Street Parking Standards Manual. 21A.44.080: DRIVE-THROUGH FACILITIES AND VEHICLE STACKING AREAS: A. Number of Stacking Spaces Required: The following standards apply for all uses with vehicle stacking and/or drive-through facilities. 1. All uses with drive-through facilities shall provide the minimum number of on-site stacking spaces indicated in Table 21A.44.080-A, “Required Vehicle Stacking Spaces”. TABLE 21A.44.080-A: REQUIRED VEHICLE STACKING SPACES: Use General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35, R-MU-45, SR- 3, FB-UN1, FB- SE D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA- C, UI, FB- UN2, FB- UN3, FB-SC, R-MU Car Wash, Self-Service 3 spaces per bay or stall 2 spaces per bay or stall Car Wash, Automated 4 spaces per lane or stall 3 spaces per lane or stall Food and Beverage Service Uses 5 spaces per service lane 4 spaces per service lane Other Uses 3 spaces per service lane 3 spaces per service lane 104 B. Location and Design of Drive-Through Facilities: 1. In zoning districts where uses with drive-through facilities are allowed and where no front or corner side yard setback is required, the drive-through lanes shall not be located between the front or corner side lot line and any walls of the principal building. 2. Drive-through lanes shall be arranged to avoid conflicts with site access points, access to parking or loading spaces, and internal circulation routes, to the maximum extent practicable. 3. In the General Context zoning districts, a by-pass lane, driveway, or other circulation area around a drive-through facility stacking lane shall be provided for all uses other than automated car washes. financial institutions and restaurant/retail uses. 4. All required stacking spaces shall measure nine (9) feet by twenty (20) feet and shall be counted from the point of service, or final service window. 5. Air quality: Drive through facilities shall post idle-free signs pursuant to Chapter 12.58 of this code. 6. When a drive through use adjoins any residential use or any residential zoning district, a minimum six foot (6’) high masonry wall shall be erected and maintained along such property line. 7. Drive through facility will not result in adverse impacts upon the vicinity after giving consideration to the hours of operation, noise and light generation, traffic circulation, and the site plan. 21A.44.090: MODIFICATIONS TO PARKING AREAS: Applicants requesting development permits or approvals may request adjustments to the standards and requirements in this Chapter 21A.44, “Off Street Parking, Mobility, and Loading“, and the city may approve adjustments to those standards, as described below. A. Administrative Modifications: The planning director or transportation director may approve the following types of modifications without requiring approval of a special exception, provided that the director determines that the adjustment will not create adverse impacts on pedestrian, bicycle, or vehicle safety and that the adjustment is required to accommodate an unusual site feature (such as shape, topography, utilities, or access point constraints) and that the need for the adjustment has not been created by the actions of the applicant. 105 1. Modification to dimensions or geometries of parking, loading, or stacking space, aisles, or maneuvering areas otherwise required by this chapter, other city regulations, or the Off Street Parking Standards Manual; provided that those modifications are consistent with federal and state laws regarding persons with disabilities, including but not limited to the Americans with Disabilities Act. 2. Modifications to bicycle parking or loading berth location or design standards. B. Special Exceptions: The following types of exceptions may be approved through the Special Exception process in Section 21A.52.040, provided that the application meets the criteria for approval of a Special Exception in Section 21A.52.060 in addition to the standards provided in this section. 1. Exceptions Permitted: a. Front Yard Parking Exception: For any zoning district, if front yard parking is prohibited in Table 21A.44.060-A, “Parking Location and Setback Requirements”, it may be allowed if all of the following conditions are met: (1) The rear or side yards cannot be reasonably accessed by vehicles, specifically: (a) Clearance for a driveway could not be provided in the side yard on either side of the building that is free from obstructions that cannot reasonably be avoided, such as utilities, window-wells, a specimen tree, a direct elevation change of three feet (3’) or greater, or retaining walls three feet (3’) high or greater; and (b) There is not a right-of-way or alley adjacent to the property with established rights for access, where: a. The travel distance to the property line is less than one hundred feet (100’) from an improved street and the right-of-way or alley has at least a minimum twelve foot (12’) clearance that is, or could be paved; or b. The travel distance to the property line is more than one hundred feet (100’) from an improved street and the right-of- way or alley has an existing minimum twelve foot (12’) wide paved surface. (2) It is not feasible to build an attached garage that conforms to yard area and setback requirements; (3) Parking is limited to an area that is surfaced in compliance with the Off 106 Street Parking Standards Manual; (4) The parking area is limited to nine feet (9’) wide by twenty feet (20’) deep; (5) Vehicles using the parking area will not project across any sidewalk or into the public right-of-way; and (6) Parking is restricted to passenger vehicles only. b. Vehicle and Equipment Storage Surfacing Exception: Vehicle and equipment storage without hard surfacing may be permitted in the CG, M- 1, M-2 and EI zoning districts provided that: (1) The lot is used for long-term vehicle storage, not for regular parking and/or maneuvering; (2) The vehicles or equipment stored are large and/or are built on tracks that could destroy normal hard surfacing; (3) The parking surface is compacted with six inches (6”) of road base and other semi-hard material with long lasting dust control chemical applied annually; (4) A hard-surfaced cleaning station is installed to prevent tracking of mud and sand onto the public right-of-way; and (5) Any vehicles or equipment that contain oil are stored with pans, drains, or other means to ensure that any leaking oil will not enter the soil. 21A.44.100: USE AND MAINTENANCE: A. Use of Parking Areas: Except as otherwise provided in this section, required off street parking facilities provided for uses listed in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking” shall be solely for the parking of automobiles or authorized temporary uses. B. Maintenance: 1. Space allocated to any off street loading berth or related access or maneuvering area shall not be used to satisfy the parking space requirements for any off street parking. 2. Except in the M-1, M-2, CG, and D districts, no cleaning or maintenance of loading areas using motorized equipment may be performed between ten 107 o’clock (10:00) P.M. and seven o’clock (7:00) A.M. each day, except for snow removal. 21A.44.110: NONCONFORMING PARKING AND LOADING FACILITIES: Nonconforming parking and loading facilities shall be subject to the standards established in Chapter 21A.38, “Nonconforming Uses and Noncomplying Structures”, and the criteria established in this section. A. Continuation of Nonconforming Parking and Loading Facilities: Any parking spaces, loading facilities, or access to public rights-of-way that were lawfully existing or created prior to the effective date of this ordinance, but that have since become nonconforming with the provisions of this chapter through the actions of the city or any governmental entity, shall be allowed to continue, but any expansion of the use or structure, or change of use, after the adoption date of this ordinance shall comply with the provisions of this Chapter 21A.44, “Off Street Parking, Mobility, and Loading“. B. Nonconformity Due to Governmental Acquisition: Where a lot, tract, or parcel is occupied by a lawful structure or use, and where the acquisition of right-of-way by eminent domain, dedication, or purchase by a city, county, state, or federal agency creates noncompliance of the parking, loading, or drive-through facilities with any requirement of this chapter, the parking, loading, or drive-through facility shall be deemed lawful and conforming. This designation shall apply only to noncompliance resulting directly from the acquisition of right-of-way. C. Damage or Destruction: Reconstruction, reestablishment, or repair of any nonconforming parking, loading, or drive- through area involuntarily damaged or destroyed by fire, collapse, explosion or other natural cause is not required to comply with the standards of this chapter. The parking and loading facilities may be restored or continued as they existed prior to the damage or destruction, or in a manner that reduces any nonconformity that existed prior to the damage or destruction. D. Legalization of Garages Converted to Residential Use: Garages attached to single-family and two-family residential structures converted to residential uses before April 12, 1995, and any associated front yard parking, may be legalized by complying with the following requirements: 1. The property owner shall obtain a building permit for all building modifications associated with converting the garage to residential use and the city shall inspect the conversion for substantial compliance with adopted life safety regulations. 2. The driveway leading to the converted garage shall not be removed without 108 replacing the same number of parking spaces (up to the minimum required by this chapter) in a location authorized by this chapter. 3. Parking on the driveway in the front yard is restricted to passenger vehicles only. SECTION 24. Amending the text of Salt Lake City Code Section 21A.52.030. That Section 21A.52.030 of the Salt Lake City Code (Zoning: Special Exceptions: Special Exceptions Authorized) shall be, and hereby is amended to read as follows: 21A.52.030: SPECIAL EXCEPTIONS AUTHORIZED: A. 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 this title. 2. Accessory structures in the front yard of double frontage lots, which do not have any rear yard provided: a. The required sight 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 109 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 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 petitioner’s 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 of this title. 5. Additional foothills building height, including wall height, shall comply with the standards in Chapter 21A.24 of this title. 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 of this title. 7. Barbed wire fences may be approved subject to the regulations of Chapter 21A.40 of this title. 8. Conditional home occupations subject to the regulations and conditions of Chapter 21A.36 of this title. 110 9. Dividing existing lots containing two (2) 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 subdivision application. c. Required parking equal to the parking requirement that existed at the time that each dwelling unit was constructed. 10. Use of the front yard for required parking when the rear or side yards cannot be accessed and it is not feasible to build an attached garage that conforms to yard area and setback requirements, subject to the standards found in Chapter 21A.44 of this title. 11. Grade changes and retaining walls are subject to the regulations and standards of Chapter 21A.36 of this title. 12. Ground mounted central air conditioning compressors or systems, heating, ventilating, pool and filtering equipment located in required side and rear yards within four feet (4’) of the property line. The mechanical equipment shall comply with applicable Salt Lake County Health Department noise standards. 13. 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 feet (10’) 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 percent (50%) of the building footprint of the principal structure, subject to all accessory building size limitations. 14. In line additions to existing residential or commercial buildings, which are noncomplying as to yard area or height regulations provided: a. The addition follows the existing building line and does not create any new noncompliance. 111 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. 15. Operation of registered home daycare or registered home preschool facility in residential districts subject to the standards of Chapter 21A.36 of this title. 16. Outdoor dining in required front, rear and side yards subject to the regulations and standards of Chapter 21A.40 of this title. 17. Razor wire fencing may be approved subject to the regulations and standards in Chapter 21A.40 of this title. 18. Replacement or reconstruction of any existing noncomplying 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 farther 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. 19. 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. 20. Window mounted refrigerated air conditioner and evaporative swamp coolers located in required front, corner, side and rear yards within two feet (2’) of a property line shall comply with applicable Salt Lake County Health Department noise standards. 21. Vehicle and equipment storage without hard surfacing in the CG, M-1, M-2 or EI districts, subject to the standards in Chapter 21A.44 of this title. 22. Ground mounted utility boxes may be approved subject to the regulations and standards of Section 21A.40.160 of this title. 23. Legalization of excess dwelling units may be granted subject to the following requirements and standards: a. Purpose: The purpose of this subsection is to implement the existing Salt Lake City community housing plan. This plan emphasizes maintaining existing housing stock in a safe manner that contributes to the vitality and sustainability of neighborhoods within the city. This subsection provides a process that gives owners of property with one or more excess dwelling units not recognized by the 112 city an opportunity to legalize such units based on the standards set forth in this subsection. b. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this subsection shall comply with the following standards. (1) The dwelling unit existed prior to April 12, 1995. In order to determine whether a dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide documentation thereof which may include any of the following: (A) Copies of lease or rental agreements, lease or rent payments, or other similar documentation showing a transaction between the unit owner and tenants; (B) Evidence indicating that prior to April 12, 1995, the city issued a building permit, business license, zoning certificate, or other permit relating to the dwelling unit in question; (C) Utility records indicating existence of a dwelling unit; (D) Historic surveys recognized by the planning director as being performed by a trained professional in historic preservation; (E) Notarized affidavits from a previous owner, tenant, or neighbor; (F) Polk, Cole, or phone directories that indicate existence of the dwelling unit (but not necessarily that the unit was occupied); and (G) Any other documentation that the owner is willing to place into a public record which indicates the existence of the excess unit prior to April 12, 1995. (2) The excess unit has been maintained as a separate dwelling unit since April 12, 1995. In order to determine if a unit has been maintained as a separate dwelling unit, the following may be considered: (A) Evidence listed in Subsection A.24.b(1) of this section indicates that the unit has been occupied at least once every five (5) calendar years; (B) Evidence that the unit was marketed for occupancy if the unit was unoccupied for more than five (5) consecutive years; (C) If evidence of maintaining a separate dwelling unit as required by Subsections A.24.b(2)(A) and A.24.b(2)(B) of this section cannot be established, documentation of construction upgrades may be provided in lieu thereof. 113 (D) Any documentation that the owner is willing to place into a public record which provides evidence that the unit was referenced as a separate dwelling unit at least once every five (5) years. (3) The property where the dwelling unit is located: (A) Can accommodate on site parking as required by this title, or (B) Is located within a one-fourth (1/4) mile radius of a fixed rail transit stop or bus stop in service at the time of legalization. (4) Any active zoning violations occurring on the property must be resolved except for those related to excess units. c. Conditions of Approval: Any approved unit legalization shall be subject to the following conditions: (1) The unit owner shall apply for a business license, when required, within fourteen (14) days of special exception approval. (2) The unit owner shall allow the city’s building official or designee to inspect the dwelling unit to determine whether the unit substantially complies with basic life safety requirements as provided in Title 18, Chapter 18.50, “Existing Residential Housing”, of this code. Such inspection shall occur within ninety (90) days of special exception approval or as mutually agreed by the unit owner and the city. (3) All required corrections indicated during the inspection process must be completed within one year unless granted an extension by the zoning administrator. d. Application: In addition to the application requirements in this chapter, an applicant shall submit documentation showing compliance with the standards set forth in Subsection A.24.b of this section. 24. Designation, modification, relocation, or reinstatement of a vintage sign as per Chapter 21A.46 of this title. 25. Additional height for sports related light poles such as light poles for ballparks, stadiums, soccer fields, golf driving ranges and sport fields or where sports lights are located closer than thirty feet (30’) from adjacent residential structures. 114 SECTION 25. 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 to read as follows: 21A.60.020: LIST OF DEFINED TERMS: A-frame sign. See Chapter 21A.46 of this title. Abutting. Access taper. Accessory building or structure. Accessory lot. Accessory structure. Accessory use. Accessory use (on accessory lot). Adaptive reuse of a landmark building. Administrative decision. Agricultural use. Air circulation system. See Section 21A.34.040 of this title. Airport. See also Section 21A.34.040 of this title. Airport elevation. See Section 21A.34.040 of this title. Airport hazard. See Section 21A.34.040 of this title. Airport master plan. See Section 21A.34.040 of this title. Airport reference point. See Section 21A.34.040 of this title. Alcohol, bar establishment. Alcohol, bar establishment (indoor). Alcohol, bar establishment (more than 2,500 square feet in floor area). See Alcohol, bar establishment. Alcohol, bar establishment (outdoor). Alcohol, bar establishment (2,500 square feet or less in floor area). See Alcohol, bar establishment. Alcohol, brewpub. Alcohol, brewpub (indoor). Alcohol, brewpub (more than 2,500 square feet in floor area). See Alcohol, brewpub. Alcohol, brewpub (outdoor). Alcohol, brewpub (2,500 square feet or less in floor area). See Alcohol, brewpub. Alcohol, distillery. Alcohol, liquor store. Alcohol related establishment. Alcohol, tavern. Alcohol, tavern (indoor). Alcohol, tavern (more than 2,500 square feet in floor area). See Alcohol, tavern. Alcohol, tavern (outdoor). Alcohol, tavern (2,500 square feet or less in floor area). See Alcohol, tavern. Alcohol, winery. 115 Alley. Alteration. Alteration, sign. See Chapter 21A.46 of this title. Alternative parking property. Ambulance service. Ambulance service (indoor). Ambulance service (outdoor). Amphitheater, formal. Amphitheater, informal. Amusement park. Ancillary mechanical equipment. Animal, cremation service. Animal, kennel. Animal, kennel on lots of five acres or larger. Animal, pet cemetery. Animal, pound. Animal, raising of furbearing animals. Animal rendering. Animal, stable (private). Animal, stable (public). Animal, stockyard. Animal, veterinary office. Animated sign. See Chapter 21A.46 of this title. Antenna. Antenna, communication tower. Antenna, communication tower, exceeding the maximum building height in the zone. See Antenna, communication tower. Antenna, low power radio service. Antenna, low power radio service - monopole with antennas and antenna support structures greater than two feet in width. Antenna, low power radio service - monopole with antennas and antenna support structures less than two feet in width. Antenna, roof mounted. Antenna, satellite dish. Antenna, stealth. Antenna, TV. Antenna, wall mounted. Antenna, whip. Apartment. Appeals Hearing Officer. Aquatic resource. Arcade. Architecturally incompatible. Art gallery. Artisan food production. Artists’ loft/studio. 116 Auction (indoor). Auction (outdoor). Auditorium. Automatic amusement device. Automobile. Awning. See Chapter 21A.46 of this title. Awning sign. See Chapter 21A.46 of this title. BMP. Backflow preventer. Backlit awning sign. See Chapter 21A.46 of this title. Bakery, commercial. Balloon. See Chapter 21A.46 of this title. Banner, public event. See Chapter 21A.46 of this title. Banner, secured. See Chapter 21A.46 of this title. Banner, unsecured. See Chapter 21A.46 of this title. Base zoning district. Basement. Bed and breakfast. Bed and breakfast inn. Bed and breakfast manor. Bench sign. See Chapter 21A.46 of this title. Best Management Practice (BMP) (applies only to Chapter 21A.48 of this title). Billboard. See Subsection 21A.46.160.B of this title. Billboard bank. See Subsection 21A.46.160.B of this title. Billboard credit. See Subsection 21A.46.160.B of this title. Billboard (outdoor advertising sign). See Chapter 21A.46 of this title. Billboard owner. See Subsection 21A.46.160.B of this title. Biodetention. Blacksmith shop. Block. Block corner. Block face. Blood donation center. Boarding house. Botanical garden. Bottling plant. Brewery. Buffer yard. Buildable area. Building. Building, accessory. Building connection. Building coverage. Building face. See Chapter 21A.46 of this title. Building, front line of. 117 Building height - in the FR-1, FR-2, FR-3, FP, R-1/5,000, R-1/7,000, R-1/12,000, R-2, SR-1 and SR-3 Districts. Building height - outside FR, FP, R-1, R-2 and SR Districts. Building line. Building materials distribution. Building official. Building or house numbers sign. See Chapter 21A.46 of this title. Building plaque sign. See Chapter 21A.46 of this title. Building, principal. Building, public. Building security sign. See Chapter 21A.46 of this title. Building sign. See Chapter 21A.46 of this title. Bulk. Bulk material storage. Bus line station/terminal. Bus line yard and repair facility. Business. Business, mobile. Business park. Caliper. See Subsection 21A.48.135.D of this title. Canopy. See Chapter 21A.46 of this title. Canopy, drive-through. See Chapter 21A.46 of this title. Canopy, drive-through, sign. See Chapter 21A.46 of this title. Canopy sign. See Chapter 21A.46 of this title. Car pool. Carshare. Car wash. Car wash as accessory use to gas station or convenience store that sells gas. Carpet cleaning. Carport. Cemetery. Certificate of appropriateness. Certificate of occupancy. Certificate, zoning. Change of use. Character Conservation District feasibility study. Character defining features. Charity dining hall. Check cashing/payday loan business. Chemical manufacturing and storage. City Council. City Forester. Clearance (of a sign). See Chapter 21A.46 of this title. Clinic (medical/dental). Cold frame. Commercial Districts. 118 Commercial food preparation. Commercial service establishment. Commercial vehicle. Commercial video arcade. Common areas, space and facilities. Communication tower. Community correctional facility. Community correctional facility, large. Community correctional facility, small. Community garden. Community recreation center. Compatibility. Compatible design. Compatible land use. Complete demolition. Composting. Concept development plan. Concrete and/or asphalt manufacturing. Conditional use. Condominium - condominium project and condominium unit. Condominium Ownership Act of 1975. See title 20, cChapter 20.56 of this Code. Condominium Ownership Act of 1975 or Act. Condominium unit. Consensus. Construction period. Construction sign. See Chapter 21A.46 of this title. Contractor’s yard/office. Convent/monastery. Convention center. Conversion. Corner building. Corner lot. Corner side yard. Crematorium. Critical root zone. dbh. See Subsection 21A.48.135.D of this title. Daycare. Daycare center, adult. Daycare center, child. Daycare, nonregistered home. Daycare, registered home daycare or preschool. Decibel. Dental laboratory/research facility. Design capacity. Design review. Development. 119 Development entry sign. See Chapter 21A.46 of this title. Development pattern. Diameter at breast height. See Subsection 21A.48.135.D of this title. Directional or informational sign (private). See Chapter 21A.46 of this title. Directory sign. See Chapter 21A.46 of this title. Disabled. District plan and design standards. Dormer. Drive-through facility. Drop forge industry. Dwell time. See Subsection 21A.46.160.B of this title. Dwelling. Dwelling, accessory guest and servants’ quarters. Dwelling, accessory unit. Dwelling, assisted living facility (large). Dwelling, assisted living facility (limited capacity). Dwelling, assisted living facility (small). Dwelling, fraternity, sorority. Dwelling, group home (large). Dwelling, group home (small). Dwelling, group home (small), when located above or below first story office, retail, or commercial use, or on the first story where the unit is not located adjacent to street frontage. See Dwelling, group home (small). Dwelling, living quarters for caretaker or security guard. Dwelling, living quarters for caretaker or security guard, limited to uses on lots one acre in size or larger and accessory to a principal use allowed by the zoning district. See Dwelling, living quarters for caretaker or security guard. Dwelling, manufactured home. Dwelling, mobile home. Dwelling, modular home. Dwelling, multi-family. Dwelling, residential support (large). Dwelling, residential support (small). Dwelling, rooming (boarding) house. Dwelling, single-family. Dwelling, single-family attached. Dwelling, single room occupancy. Dwelling, twin home and two-family. Dwelling, two-family. Dwelling unit. ET or ETo. ETAF. Ecological restoration project. Electronic billboard. See Subsection 21A.46.160.B of this title. Electronic changeable copy sign. See Chapter 21A.46 of this title. Electronic sign. See Subsection 21A.46.160.B of this title. 120 Eleemosynary facility. Elevation area. Elevation area, first floor. Emergency medical service facility. End of life care. Equipment rental (indoor and/or outdoor). Equipment rental, sales, and service, heavy. Evapotranspiration (ET) rate. Evergreen. Excess dwelling units. Exhibition hall. Existing billboard. See Subsection 21A.46.160.B of this title. Existing/established subdivision. Explosive manufacturing and storage. Externally illuminated sign. See Chapter 21A.46 of this title. Extractive industry. FAA. See Section 21A.34.040 of this title. Fairground. Family. Farmers’ market. Fee schedule. Fence. Fence, electric security. Fence, opaque or solid. Fence, open. Financial institution. Financial institution, with drive-through facility. Fixed dimensional standards. Flag, corporate. See Chapter 21A.46 of this title. Flag lot. Flag, official. See Chapter 21A.46 of this title. Flag, pennant. See Chapter 21A.46 of this title. Flammable liquids or gases, heating fuel distribution and storage. Flat sign. See Chapter 21A.46 of this title. Flea market (indoor). Flea market (outdoor). Floor. Floor area, gross. Floor area, usable. Food processing. Foot-candle. See Subsection 21A.46.160.B of this title. Freestanding sign. See Chapter 21A.46 of this title. Front yard. See Yard, front. Fuel center. Fugitive dust. Funeral home or mortuary. 121 Garage. Garage, attached. Garage/yard sale sign. See Chapter 21A.46 of this title. Gas price sign. See Chapter 21A.46 of this title. Gas pump sign. See Chapter 21A.46 of this title. Gas station. Gateway. See Subsection 21A.46.160.B of this title. General Plan. Golf course. Government facility requiring special design features for security purposes. Government office. Government sign. See Chapter 21A.46 of this title. Governmental facility. Grade, established. Grade, finished. Grade, natural. Grain elevator. Greenhouse. Gross floor area. Ground cover. Guest. Hard surfaced. Hazardous waste processing or storage. Health and fitness facility. Health hazard. Heavy manufacturing. Height. See Section 21A.34.040 of this title. Height, exterior wall. Height (of a sign). See Chapter 21A.46 of this title. Height, sign face. See Chapter 21A.46 of this title. Heliport. Heliport, accessory. See Heliport. Historic buildings or sites. Historic Landmark Commission. Historic site. Historical marker. See Chapter 21A.46 of this title. Home occupation. Homeless resource center. Homeless shelter. Hoop house. Hospice. Hospital, including accessory lodging facility. Hotel/motel. House museum in landmark site. Hunting club, duck. Hydrozones. 122 Illegal sign. See Chapter 21A.46 of this title. Illuminance. See Subsection 21A.46.160.B of this title. Impact mitigation report. Impact statement. Impound lot. Incinerator, medical waste/hazardous waste. Incompatible use. See Section 21A.34.040 of this title. Industrial assembly. Infill. Inland port. Inland port land use application. Inland port use. Institution. Interior side yard. Interior sign. See Chapter 21A.46 of this title. Intermodal transit passenger hub. Internally illuminated sign. See Chapter 21A.46 of this title. Interpretation. Interpretation, use. Irrigation audit. Jail. Jewelry fabrication. Kiosk. See Chapter 21A.46 of this title. Laboratory, medical, dental, optical. Laboratory, testing. Land use. Land Use Appeal Authority. Land use applicant. Land use application. Land Use Authority. Land use type (similar land use type). Landfill. Landfill, commercial. Landfill, construction debris. Landfill, end use plan. Landfill, Municipal. Landmark site. Landscape area. Landscape BMPs manual. Landscape buffer. Landscape plan. Landscape yard. Landscaping. Lattice tower. Laundry, commercial. Legal conforming. 123 Letter sign. See Chapter 21A.46 of this title. Library. Light manufacturing. Limousine service. Limousine service (large). Limousine service (small). Locally grown. Lodging house. Logo. See Chapter 21A.46 of this title. Lot. Lot area. Lot area, net. Lot assemblage. Lot, corner. Lot depth. Lot, flag. Lot, interior. Lot line, corner side. Lot line, front. Lot line, interior side. Lot line, rear. Lot width. Low volume irrigation. Major streets. Manufactured home. Manufactured/mobile home sales and service. Manufacturing, heavy. Manufacturing, light. Marquee. See Chapter 21A.46 of this title. Marquee sign. See Chapter 21A.46 of this title. Master plan. Maximum extent practicable. See Subsection 21A.48.135.D of this title. Meeting hall of membership organization. Memorial sign. See Chapter 21A.46 of this title. Mid block area. Mixed use development. Mobile food business. Mobile food court. Mobile food trailer. Mobile food truck. Monument sign. See Chapter 21A.46 of this title. Motel/hotel. Motion. See Subsection 21A.46.160.B of this title. Mulch. Municipal service uses, including City utility uses and police and fire stations. Museum. 124 Nameplate sign. See Chapter 21A.46 of this title. Natural open space. Natural resource. Neighborhood identification sign. See Chapter 21A.46 of this title. Neon public parking sign. See Chapter 21A.46 of this title. New billboard. See Subsection 21A.46.160.B of this title. New construction. New development sign. See Chapter 21A.46 of this title. Noncomplying lot. Noncomplying structure. Nonconforming billboard. See Subsection 21A.46.160.B of this title. Nonconforming sign. See Chapter 21A.46 of this title. Nonconforming use. See also Section 21A.34.040 of this title. Nonconformity. Nonprecision instrument runway. See Section 21A.34.040 of this title. Nursing care facility. Oasis. Obstruction. Off premises sign. See Chapter 21A.46 of this title. Off-site. Off street parking. Office. Office, accessory use supporting an institutional use. Office and/or reception center in landmark site. Office, excluding medical and dental clinic and office. Office, publishing company. Office, research related. Office, single practitioner medical, dental, and health. On premises sign. See Chapter 21A.46 of this title. Open air mall. See Chapter 21A.46 of this title. Open space. Open space area. Open space on lots less than four acres in size. Outdoor advertising sign. See Chapter 21A.46 of this title. Outdoor dining. Outdoor television monitor. Overlay district. Overspray. Owner occupant. Package delivery facility. Paint manufacturing. Parcel. Park. Park and ride lot. Park banner sign. See Chapter 21A.46 of this title. Park strip. 125 Park strip landscaping. Parking, commercial. Parking facility, shared. Parking garage. Parking garage, automated. Parking, intensified reuse. Parking, leased. Parking, leased - alternative parking. Parking lot. Parking, off-site. Parking, shared. Parking space. Parking study. Parking study - alternative parking. Parking, tandem. Parking, unbundled. Patio. Pedestrian connection. Perennial. Performance standards. Performing arts production facility. Person. See also Section 21A.34.040 of this title. Persons with disabilities. Philanthropic use. Pitched roof. Place of worship. Place of worship on lot less than four acres in size. Planned development. Planning commission. Planning director. Planting season. Plaza. Pole sign. See Chapter 21A.46 of this title. Political sign. See Chapter 21A.46 of this title. Portable sign. See Chapter 21A.46 of this title. Poultry farm or processing plant. Precision instrument runway. See Section 21A.34.040 of this title. Premises. See Chapter 21A.46 of this title. Prepared food, takeout. Primary entrance. Primary surface. See Section 21A.34.040 of this title. Printing plant. Projecting building sign. See Chapter 21A.46 of this title. Projecting business storefront sign. See Chapter 21A.46 of this title. Projecting parking entry sign. See Chapter 21A.46 of this title. Public safety sign. See Chapter 21A.46 of this title. 126 Public transportation, employer sponsored. Quality of life. Radio, television station. Railroad, freight terminal facility. Railroad, passenger station. Railroad, repair shop. Rainwater harvesting. Real estate sign. See Chapter 21A.46 of this title. Rear yard. Reception center. Record of survey map. Recreation (indoor). Recreation (outdoor). Recreation vehicle park. Recreational (playground) equipment. Recycling collection station. Recycling container. Recycling processing center (indoor). Recycling processing center (outdoor). Refinery, petroleum products. Relocatable office building. Research and development facility. Research facility, medical. Research facility, medical/dental. Residential districts. Residential structure. Restaurant. Restaurant, with drive-through facility. Restaurant, with or without drive-through facility. Retail goods establishment. Retail goods establishment, plant and garden shop with outdoor retail sales area. Retail goods establishment, with drive-through facility. Retail goods establishment, with or without drive-through facility. Retail, sales and service accessory use when located within a principal building. Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees. Retail service establishment. Retail service establishment, electronic repair shop. Retail service establishment, furniture repair shop. Retail service establishment, upholstery shop. Retail service establishment, with drive-through facility. Retaining wall. Reuse water. Reverse vending machine. Rock, sand and gravel storage and distribution. Roof sign. See Chapter 21A.46 of this title. 127 Runway. See Section 21A.34.040 of this title. Sales and display (outdoor). Salt Lake City landscape BMPs for water resource efficiency and protection. Salt Lake City plant list and hydrozone schedule. School, college or university. School, K - 12 private. School, K - 12 public. School, medical/nursing. School, music conservatory. School, professional and vocational. School, professional and vocational (with outdoor activities). School, professional and vocational (without outdoor activities). School, seminary and religious institute. Schools, public or private. Seasonal farm stand. Seasonal item sales. Setback. Sexually oriented business. Shopping center. Shopping center identification sign. See Chapter 21A.46 of this title. Shopping center pad site. Side yard. Sight distance triangle. Sign. See Chapter 21A.46 of this title. Sign face. See Chapter 21A.46 of this title. Sign face area. See Chapter 21A.46 of this title. Sign graphics. See Chapter 21A.46 of this title. Sign maintenance. See Chapter 21A.46 of this title. Sign master plan agreement. See Chapter 21A.46 of this title. Sign painting/fabrication. Sign painting/fabrication (indoor). Sign structure or support. See Chapter 21A.46 of this title. Single-family dwelling. Site development permit. Site plan. Sketch plan review. Slaughterhouse. Sludge. Small brewery. Smoke or smoking. Snipe sign. See Chapter 21A.46 of this title. Snow cone and shaved ice hut. Social service mission. Social service mission and charity dining hall. Soil amendment. Solar array. 128 Solar energy collection system, small. Sound attenuation. See Section 21A.34.040 of this title. Special event sign. See Chapter 21A.46 of this title. Special gateway. See Subsection 21A.46.160.B of this title. Special purpose districts. Specimen tree. See Subsection 21A.48.135.D of this title. Spot zoning. Stabilizing. Stable. Stadium. See also Chapter 21A.46 of this title. Storage, accessory (outdoor). Storage and display (outdoor). Storage (outdoor). Storage, public (outdoor). Storage, self. Store, convenience. Store, conventional department. Store, fashion oriented department. Store, mass merchandising. Store, pawnshop. Store, specialty. Store, specialty fashion department. Store, superstore and hypermarket. Store, warehouse club. Storefront. See Chapter 21A.46 of this title. Story (floor). Story, half. Street. Street frontage. Street trees. Streetscape. Structural alteration. Structural soil. Structure. See also Section 21A.34.040 of this title. Structure, accessory. Studio, art. Studio, motion picture. Subdivision. TV antenna. Taxicab facility. Temporarily irrigated area. Temporary embellishment. See Subsection 21A.46.160.B of this title. Temporary sign. See Chapter 21A.46 of this title. Temporary use. Theater, live performance. Theater, live performance or movie. 129 Theater, movie. Tier 2 water target. Tire distribution retail/wholesale. Transportation terminal, including bus, rail and trucking. Treasured landscape. Tree. See Section 21A.34.040 of this title. Tree protection fencing. See Subsection 21A.48.135.D of this title. Tree protection zone. See Subsection 21A.48.135.D of this title. Trellis. Truck freight terminal. Truck stop. Trucking, repair, storage, etc., associated with extractive industries. Turf. Twirl time. See Subsection 21A.46.160.B of this title. Two-family dwelling. Undevelopable area. Unique residential population. Unit. Unit legalization, implied permit. Unit legalization permit. Unit legalization, substantial compliance with Life and Safety Codes. Urban agriculture. Urban farm. Use, principal. Use, unique nonresidential. Used or occupied. Utility, building or structure. Utility, electric generation facility. Utility runway. See Section 21A.34.040 of this title. Utility, sewage treatment plant. Utility, solid waste transfer station. Utility, transmission wire, line, pipe or pole. Vacant lot. Vanpool. Vanpool, employer sponsored. Variance. Vegetation. Vehicle. Vehicle, auction. Vehicle, automobile and truck repair. Vehicle, automobile and truck sales and rental (including large truck). Vehicle, automobile part sales. Vehicle, automobile rental agency. Vehicle, automobile repair, major. Vehicle, automobile repair, minor. Vehicle, automobile sales/rental and service. 130 Vehicle, automobile sales/rental and service (indoor). Vehicle, automobile salvage and recycling (indoor). Vehicle, automobile salvage and recycling (outdoor). Vehicle, boat/recreational vehicle sales and service. Vehicle, boat/recreational vehicle sales and service (indoor). Vehicle, electric. Vehicle, recreational. Vehicle, recreational vehicle (RV) sales and service. Vehicle, truck repair (large). Vehicle, truck sales and rental (large). Vehicular sign. See Chapter 21A.46 of this title. Vending cart. Vending machine sign. See Chapter 21A.46 of this title. Vertical clearance. Vintage sign. See Chapter 21A.46 of this title. Visible. See Chapter 21A.46 of this title. Visual runway. See Section 21A.34.040 of this title. Wall sign. See Chapter 21A.46 of this title. Warehouse. Warehouse, accessory. Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate). Water body/waterway. Water budget. Water feature. Welding shop. Wholesale distribution. Wind energy system, large. Wind energy system, small. Window sign. See Chapter 21A.46 of this title. Wireless telecommunications facility. Woodworking mill. Yard. Yard, corner side. Yard, front. Yard, interior side. Yard, rear. Yard, side. Zoning Administrator. Zoning districts. Zoning lot. Zoning map. Zoological park. 131 SECTION 26. Amending the Text of Salt Lake City Code Section 21A.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. Amending the definition of “Automobile.” That the definition of “Automobile” shall be amended to read as follows: AUTOMOBILE: A self-propelled vehicle with wheels that can legally operate within a public right-of-way. The term includes but is not limited to passenger cars, light trucks, and recreational vehicles. b. Amending the definition of “Alternative parking property.” That the definition of “Alternative parking property” shall be amended to read as follows: ALTERNATIVE PARKING PROPERTY: The property for which an alternative parking requirement is proposed, pursuant to Section 21A.44.050 of this title. c. Amending the definition of “Biodetention.” That the definition of “Biodetention” shall be amended to read as follows: BIODETENTION: A low impact development term also sometimes called a rain garden, biofilter or porous landscape detention that achieves on-site retention of stormwater through the use of vegetated depressions engineered to collect, store, and facilitate runoff infiltration. d. Amending the definition of “Car pool.” That the definition of “Car pool” shall be amended to read as follows: CAR POOL: A group of two or more commuters, including the driver, who share the ride to and from work or other destination on a regularly scheduled basis. e. Adding the definition of “Carshare.” That Section 21A.62.040 shall be amended to add the definition of “Carshare”, which shall read as follows: CARSHARE: A membership-based model of car use where people rent or borrow cars for short periods of time, often by the hour. Vehicles may be made available 132 through private individuals, a property owner/manager, or commercial companies, but are managed through a facilitator. f. Amending the definition of “Change of use.” That the definition of “Change of use” shall be amended to read as follows: CHANGE OF USE: The replacement of an existing use by a new use, or a change in the nature of an existing. A change of ownership, tenancy, name or management, or a change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged is not a change of use. The conversion of existing residential units to condominiums is not a change of use. g. Amending the definition of “Commercial vehicle.” That the definition of “Commercial vehicle” shall be amended to read as follows: COMMERCIAL VEHICLE: A vehicle associated with a business that exceeds one (1) ton capacity. This includes but is not limited to buses, dump trucks, stake body trucks, step vans, tow trucks and tractor trailers. Taxis and limousines shall also be considered commercial vehicles. h. Adding the definition of “Design capacity.” That Section 21A.62.040 shall be amended to add the definition of “Design capacity”, which shall read as follows: DESIGN CAPACITY: The maximum occupancy of a building or structure based on the fire and/or building code, whichever allows occupancy by a larger group of people. i. Amending the definition of “Development.” That the definition of “Development” shall be amended to read as follows: DEVELOPMENT: A. The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels by any person. The following activities or uses shall be taken for the purposes of these regulations to involve “development”: 1. The construction of any principal building or structure; 133 2. Increase in the intensity of use of land, such as an increase in the number of dwelling units or an increase in nonresidential use intensity that requires additional parking; 3. Alteration of a shore or bank of a pond, river, stream, lake or other waterway; 4. Commencement of drilling (except to obtain soil samples), the driving of piles, or excavation on a parcel of land; 5. Demolition of a structure; 6. Clearing of land as an adjunct of construction, including clearing or removal of vegetation and including any significant disturbance of vegetation or soil manipulation; and 7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. B. The following operations or uses shall not be taken for the purpose of these regulations to involve “development”: 1. Work by a highway or road agency or railroad company for the maintenance of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; 2. Utility installations as stated in sSubsection 21A.02.050.B of this title; 3. Landscaping for residential uses; and 4. Work involving the maintenance of existing landscaped areas and existing rights-of-way such as setbacks and other planting areas. j. Amending the definition of “Floor area, gross.” That the definition of “Floor area, gross” shall be amended to read as follows: FLOOR AREA, GROSS: A. For determining size of establishment, the sum of the gross horizontal area of all floors of the building measured from the exterior face of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of a building shall include basement floor area, penthouses, attic space having headroom of seven feet (7’) or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. Space devoted to open air off street parking or loading shall not be included in floor area. 134 B. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet (i.e., 10 feet in height shall equal 1 floor). k. Amending the definition of “Floor area, usable.” That the definition of “Floor area, usable” shall be amended to read as follows: FLOOR AREA, USABLE: For determining off street parking and loading requirements, the sum of the gross horizontal areas of all floors of the building, as measured from the outside of the exterior walls, devoted to the principal use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices. Floor area for the purposes of measurement for off street parking spaces shall not include: A. Floor area devoted primarily to mechanical equipment or unfinished storage areas; B. Floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space. l. Amending the definition of “Garage.” That the definition of “Garage” shall be amended to read as follows: GARAGE: An accessory building or portion of a building designed or used for the storage of vehicles used by the occupants of the principle building. m. Amending the definition of “Garage, attached.” That the definition of “Garage, attached” shall be amended to read as follows: GARAGE, ATTACHED: A garage that has a roof or wall of which fifty percent (50%) or more is attached to and in common with a principal building. An attached garage shall be considered part of the principal building and shall be subject to all yard requirements of the principal building. n. Amending the definition of “Hard surfaced.” That the definition of “Hard surfaced” shall be amended to read as follows: 135 HARD SURFACED: A concrete, asphalt, brick, stone turf block, or other surface approved by the city engineer that is suitable for vehicle traffic. o. Amending the definition of “Off site.” That the definition of “Off site” shall be amended to read as follows: OFF-SITE: A lot that is separate from the lot on which the principal use is located. p. Amending the definition of “Off street parking.” That the definition of “Off street parking” shall be amended to read as follows: OFF STREET PARKING: A site or portion of a site devoted to the parking of automobiles in an area that is not a public or private street or other public right-of- way, including parking spaces, aisles, driveways, and associated landscaped areas. q. Amending the definition of “Outdoor dining.” That the definition of “Outdoor dining” shall be amended to read as follows: OUTDOOR DINING: A dining area with seats and/or table(s) located outdoors of a restaurant, brewpub, bar establishment, tavern, market, deli, or 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. r. Adding the definition of “Park and ride lot.” That Section 21A.62.040 shall be amended to add the definition of “Park and ride lot”, which shall read as follows: PARK AND RIDE LOT: An area or structure intended to accommodate parked vehicles for the general public, where commuters park their vehicles and continue travel to another destination via public transit, carpool, vanpool, or bicycle. Parking lot may be shared with other uses or stand alone. s. Adding the definition of “Parking garage.” That Section 21A.62.040 shall be amended to add the definition of “Parking garage”, which shall read as follows: 136 PARKING GARAGE: A structure or part of a structure used primarily for the housing, parking, or storage of automobiles. t. Amending the definition of “Parking, intensified reuse.” That the definition of “Parking, intensified reuse” shall be amended to read as follows: PARKING, INTENSIFIED REUSE: “Intensified reuse parking” means the change of the use of a building or structure, the past or present use of which may or may not be legally nonconforming 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 Section 21A.44.040 of this title. Intensified parking reuse shall not include residential uses in residential zoning districts other than single room occupancy residential uses and unique residential populations. u. Amending the definition of “Parking, intensified reuse.” That the definition of “Parking, intensified reuse” shall be amended to read as follows: PARKING LOT: An area on the surface of the land used for the parking of more than four (4) automobiles. Areas designated for the display of new and used vehicles for sale are not included in this definition. v. Amending the definition of “Parking, off site” That the definition of “Parking, off site” shall be amended to read as follows: PARKING, OFF-SITE: An off-street parking area intended to serve one or more uses and that is located on a different parcel or lot than the use(s) it is intended to serve. w. Deleting the definition of “Parking, off site (to support nonconforming uses in a residential zone or uses in the CN or CB zones).” That Section 21A.62.040 shall be amended to delete the definition of “Parking, off site (to support nonconforming uses in a residential zone or uses in the CN or CB zones)”. x. Deleting the definition of “Parking, park and ride lot.” That Section 21A.62.040 shall be amended to delete the definition of “Parking, park and ride lot”. 137 y. Deleting the definition of “Parking, park and ride lot shared with existing use.” That Section 21A.62.040 shall be amended to delete the definition of “Parking, park and ride lot shared with existing use”. z. Amending the definition of “Parking, shared” That the definition of “Parking, shared” shall be amended to read as follows: PARKING, SHARED: Joint use of a parking lot or area for more than one principal use. aa. Amending the definition of “Parking space” That the definition of “Parking space” shall be amended to read as follows: PARKING SPACE: Space within a parking area of certain dimensions as defined in Chapter 21A.44 of this title, exclusive of access drives, aisles, ramps, columns, for the storage of one vehicle. bb. Amending the definition of “Parking study” That the definition of “Parking study” shall be amended to read as follows: PARKING STUDY: A study prepared by a licensed professional traffic engineer specifically addressing the parking demand generated by a use and which provides information necessary to determine whether proposed parking will have a material negative impact to adjacent or neighboring properties. cc. Amending the definition of “Parking, tandem” That the definition of “Parking, tandem” shall be amended to read as follows: PARKING, TANDEM: The in-line parking of one vehicle behind another in such a way that one parking space can only be accessed through another parking space. dd. Adding the definition of “Planning director.” That Section 21A.62.040 shall be amended to add the definition of “Planning director”, which shall read as follows: 138 PLANNING DIRECTOR: The director of the Salt Lake City Planning Division, or his/her designee. ee. Deleting the definition of “Planning official.” That Section 21A.62.040 shall be amended to delete the definition of “Planning official”. ff. Adding the definition of “Primary entrance.” That Section 21A.62.040 shall be amended to add the definition of “Primary entrance”, which shall read as follows: PRIMARY ENTRANCE: The entrance to a building, parcel, or development most used by the public for day-to-day ingress and egress. gg. Amending the definition of “Street” That the definition of “Street” shall be amended to read as follows: STREET: A vehicular way which may also serve for all or part of its width as a way for pedestrian traffic, whether called street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise designated. hh. Amending the definition of “Vanpool” That the definition of “Vanpool” shall be amended to read as follows: VANPOOL: A group of seven (7) to fifteen (15) commuters, including the driver, who share the ride to and from work or other destination on a regularly scheduled basis. ii. Adding the definition of “Vehicle.” That Section 21A.62.040 shall be amended to add the definition of “Vehicle”, which shall read as follows: VEHICLE: A device by which any person or property may be transported upon a public highway except devices used exclusively upon stationary rails or tracks or exclusively moved by human power. 139 jj. Amending the definition of “Vehicle, electric” That the definition of “Vehicle, electric” shall be amended to read as follows: VEHICLE, ELECTRIC: A device which is considered a vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or a plug-in hybrid electric vehicle. An electric vehicle does not include devices that are moved by human power. kk. Adding the definition of “Vehicle, recreational.” That Section 21A.62.040 shall be amended to add the definition of “Vehicle, recreational”, which shall read as follows: VEHICLE, RECREATIONAL: Any motorized vehicle and/or associated non- motorized equipment used for camping, traveling, boating, or other leisure activities including, but not limited to campers, boats, travel trailers, motor homes, snow mobiles, wave runners, and other vehicles designed for traveling on water (motorized and non-motorized). Trailers used for transporting this type of vehicle are also included within this definition. SECTION 27. Replacing Illustration I in Salt Lake City Code Section 21A.62.050. That Section 21A.62.050 of the Salt Lake City Code (Zoning: Definitions: Illustrations of Selected Definitions) shall be, and hereby is amended to replace Illustration I as follows: ILLUSTRATION I SIGHT DISTANCE TRIANGLE 140 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 ______ day of ______________, 202_. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. 141 Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 202_. Published: ______________. Ordinance amending parking regulations (final) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney August 31, 2020 TABLE OF CONTENTS TABLE OF CONTENTS 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. PLANNING COMMISSION A) AGENDA NOTICE B) STAFF REPORT C) AGENDA AND MINUTES D) STAFF PRESENTATION SLIDES E) ADDITIONAL PUBLIC COMMENTS RECEIVED 4. ORIGINAL PETITION 1. PROJECT CHRONOLOGY PARKING CHAPTER PROJECT CHRONOLOGY Petition: PLNPCM2017-00753 21A.44- Off Street Parking, Mobility and Loading Zoning Text Amendments May 2017 Planning staff developed and released a Request for Proposal to re-write Chapter 21A.44, Off Street Parking, Mobility and Loading Chapter of the zoning ordinance Clarion Associates submitted the lone response to the request June 2017 Selection committee awarded contract to Clarion Associates. Committee represented the following divisions/departments: Planning, Transportation, Redevelopment Authority, and Housing and Neighborhood Development July 2017 Contract finalized, and project kickoff meeting held with Clarion Associates to discuss issues and goals September 2017 Mayor initiates the petition PLNPCM2017-00753 regarding Chapter 21A.44 amendment City’s Public Engagement Team conducts meeting with Clarion Associates and identified business and developer stakeholders to gather initial comments Collected comments from Bicycle Advisory Board at monthly meeting Internal meetings with the following divisions: Planning, Building Services, and Transportation divisions October 2017 Planning Commission briefing Business Advisory Board briefing November 2017 Public survey conducted online with results given to Clarion Associates for consideration December 2017 Public open house held at Liberty Senior Center February 2018 Draft chapter received from Clarion Associates March – April 2018 Draft chapter circulated to city departments for review and comment Department comments sent to Clarion for incorporation into a public draft May 2018 Clarion provided first public draft and met with external steering group June – Dec 2018 Project on hold due to changes in Planning staff, new project manager Jan – June 2019 Planning staff re-started work on the project and began public outreach with The Downtown Alliance and community council presentations June – July 2019 Draft chapter published on city’s website and emailed to more than 2,000 public contacts for review Planning staff conducted six public open houses to acquire public input - Main library (2) - Glendale library - Partners in the Park evening event - Sugar House fire station (2) September 2019 Planning staff held two work sessions with the Planning Commission (September 11 and September 25) January 2020 Public Hearing and Planning Commission recommendation for adoption 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2017-00753 Off Street Parking, Mobility, and Loading Ordinance - A request by former Mayor Jackie Biskupski to modify Zoning Ordinance Chapter 21A.44 Off-Street Parking, Mobility, and Loading. The overall goal of the project is to make the parking chapter more user friendly while still accomplishing related citywide goals related to economic development, sustainability, and land use. The proposed text amendments to the Off Street Parking Ordinance include: 1. Updated parking requirements to better reflect current market demand in the City based on community feedback and previous parking studies commissioned by the City and RDA; 2. Simplify confusing parking regulations that are difficult for property owners to understand and use significant staff resource to interpret and administer; 3. Address technical issues that have been identified through the day to day administration of the parking chapter; and 4. Establish a framework that allows for a parking ordinance that can be responsive to the changing dynamics of Salt Lake City’s development patterns. The amendment will affect chapter 21A.44 of the zoning ordinance. Related parking provisions of Title 21A.44 may also be amended as part of this petition. As part of their study, the City Council is holding two advertised public hearings to receive comments regarding the petition. During these hearings, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance on the same night of the second public hearing. The hearing will be held electronically: DATE: Date #1 and Date #2 TIME: 7:00 p.m. PLACE: **This meeting will not have a physical location. **This will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation. If you are interested in participating in the Public Hearing, please visit our website at https://www.slc.gov/council/ to learn how you can share your comments during the meeting. Comments may also be provided by calling the 24 - Hour comment line at (801)535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Eric Daems at 801-535-7236 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at eric.daems@slcgov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-7600, or relay service 711. 3. PLANNING COMMISSION A. Original Notice and Postmark December 30, 2019 3. PLANNING COMMISSION B. Staff Report January 8, 2020