Transmittal - 8/8/2023ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
________________________ Date Received: _________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE: August 7, 2023
Darin Mano, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: Affordable Housing Incentives
STAFF CONTACT: Sara Javoronok, AICP Senior Planner
sara.javoronok@slcgov.com, 801-535-7625
DOCUMENT TYPE: Ordinance
RECOMMENDATION: The City Council amend the text of the zoning ordinance as
recommended by the Planning Commission.
BUDGET IMPACT: None. However, implementation of the amendments may require
additional staff and resources.
BACKGROUND/DISCUSSION: Former Mayor Jackie Biskupski initiated the text amendment
in 2019. The Affordable Housing Incentives (AHI) are proposed for the city’s zoning code to
incentivize and reduce barriers for affordable housing. The proposed amendments include the
following if requirements for affordable units are met:
•Permit administrative design review and additional building height between 1-3 stories,
depending on the zone, in various zoning districts that permit multifamily housing.
•Remove the Planned Development requirement for specific modifications and for
development in the CS zoning districts.
•Permit an additional story in the TSA Transition zoning districts and two stories in the TSA
Core zoning districts.
Lisa Shaffer (Aug 8, 2023 16:33 MDT)08/08/2023
08/08/2023
• Allow additional housing types in the CG (General Commercial), CC (Community
Commercial), and CB (Community Business) zoning districts.
• Allow housing on Institutional zoned land.
• Remove the density requirements in the RMF zoning districts.
• Allow townhouses, 3-4 unit buildings, a second detached dwelling when an existing
dwelling is maintained, and cottage developments on properties that are currently zoned
for single- or two-family homes. Permit twin and two-family homes in these zoning
districts where they are not currently allowed.
The project was initiated in 2019 to address increasing concerns regarding housing affordability
and to implement Growing SLC. Initial outreach on the proposal included an online survey in late
2019/early 2020. From the initial survey results, staff developed a draft framework for the AHI
that serves as the basis for the current proposal. Staff requested additional feedback from the
community in a survey on the draft framework. Based on this feedback, developed draft the initial
AHI text amendments. Staff presented these initial draft amendments to the community in the
spring of 2022 and to the Planning Commission and public at a hearing in May 2022.
Following the hearing, staff worked with developers and a focus group convened by the Office of
the Mayor to address and revise the draft based on the issues raised. The revisions also incorporate
changes from the now adopted RMF-30 and pending Downtown Building Heights text
amendments. Staff presented a revised draft to the Planning Commission for discussion on March
22, 2023 and March 29, 2023. The Historic Landmark Commission held a work session on April
6, 2023. The Planning Commission held a public hearing and made a recommendation to the City
Council on April 26, 2023. The Planning Commission added a condition that the incentives be
analyzed 24 months after approval with a full report of the costs and benefits of the implementation
to the Planning Commission.
PUBLIC PROCESS:
The following is a list of public meetings that have been held, and other public input
opportunities, related to the proposed project since the application was initiated:
Online Surveys and Comment Form:
• December-January 2020 – Planning staff posted an initial survey seeking feedback on
housing issues. Over 2,100 people responded.
• July 2020 – Planning staff presented a draft proposal in a Story Map and sought feedback
on the proposal. Nearly 300 people responded.
• February 2022 – Planning staff posted the draft amendments and sought feedback through
a comment form. Approximately 130 people responded.
• March 2023 – Planning staff posted an updated draft of the proposed amendments and
sought feedback through the comment form. Two people responded for a total of
approximately 175 since February 2022.
Developer Discussions: Planning staff met with several affordable housing developers in 2019 to
discuss issues and obstacles to building affordable housing in the community and how zoning may
be able to address them. Developers generally indicated that by right processes were best, there
should be parking reductions especially for lowest incomes, density limits made development
difficult in the RMF districts, additional height was needed in many zoning districts, and there was
a preference for form-based zoning districts.
Staff requested feedback from developers on the draft proposal and generally heard that the
incentives would allow them to construct more units and that the incentives in the single-family
zoning districts may encourage smaller developers to construct units.
Recognized Community Organization Notice and Meetings:
• June 25, 2020 – The 45-day required notice for recognized community organizations was
sent citywide.
o July 20, 2020 – Planning staff discussed the proposal at the Sugar House Land Use
and Zoning meeting (Zoom).
o August 6, 2020 – Planning staff discussed the proposal at the Ball Park Community
Council meeting (Zoom).
• March 3, 2022 – The 45-day required notice for recognized community organizations was
sent citywide.
o March 16, 2022 – Planning staff discussed the proposal at the East Bench
Community Council meeting (Zoom). Members expressed concerns with loss of
views, view easements, and wanted to be notified of potential projects in the
neighborhood.
o March 21, 2022 - Planning staff discussed the proposal at the Sugar House Land
Use Committee meeting (Zoom). Members expressed concerns with additional
housing types proposed, especially in the Highland Park neighborhood, lack of
parking, lack of utility capacity, loss of neighborhood character, increase in rental
housing, and desire for the proposal to be implemented as a smaller, pilot program.
o April 7, 2022 – Planning staff discussed the proposal at the Ball Park Community
Council meeting (Zoom). Community members want to see more owner-occupied
housing in the neighborhood, expressed concerns with additional height in the FB
districts, have concerns with existing parking requirements in the FB zones, and
have general parking and safety concerns.
o April 13, 2022 – Planning staff discussed the proposal at the Jordan
Meadows/Westpointe Community Council meeting (Zoom). Community members
asked questions about parking and how the increased number of students and
increased park usage would be addressed.
o April 14, 2022 – Planning staff discussed the proposal at the Yalecrest Community
Council meeting (Zoom). Community members asked questions about historic
districts and how the proposal would affect them, required parking, accessory
dwelling units, rental units, and neighborhood character.
o May 4, 2022 – Planning staff discussed the proposal at the Greater Avenues
Community Council meeting (Zoom). Community member questions included
affordability levels, the Planning Commission meeting and how to submit
comments if not able to attend, and the monitoring of the deed restricted properties.
o March 16, 2023 – Planning staff discussed the proposal at the Salt Lake City
Community Network meeting (Zoom).
Open Houses and Virtual Events:
• July 9, 2020 – Facebook Live Q&A – Planning staff hosted an AMA/Q&A discussion on
Facebook. It reached 4,365 people with 1,423 3-second video views and 52 comments.
• February 16, 2022 – Facebook Live Q&A – Planning staff hosted an AMA/Q&A
discussion on Facebook. It reached 772 people with 401 3-second video views and 71
reactions, shares, and comments.
• April 5, 2022 – Virtual Office Hours (Zoom) – Planning staff hosted an open Zoom meeting
to answer questions. There were no attendees.
• April 5, 2022 – Open House (Sugar House Fire Station #3) – Planning staff hosted an open
house to provide information and answer questions on the proposal. Seven people
attended.
• April 12, 2022 – Open House (Unity Center) – Planning staff hosted an open house to
provide information and answer questions on the proposal. Three people attended.
• April 14, 2022 – Virtual Office Hours (Zoom) – Planning staff hosted an open Zoom
meeting to answer questions. No one attended.
• April 19, 2022 – Open House (Riverside Park) – Planning staff hosted an open house to
provide information and answer questions on the proposal. No one attended.
• April 21, 2022 – Open House (Lindsey Gardens Park) – Planning staff hosted an open
house to provide information and answer questions on the proposal. One person attended.
The Glendale and Sugar House Community Councils submitted letters.
Community Notification: The City Council office sent a flyer to commercial and residential
addresses in the city and owners that live outside of Salt Lake City. It identified housing
initiatives in the city and highlighted this proposal. A total of 99,832 were sent.
Focus Group: The Office of the Mayor convened a focus group that included 15-20 members.
It was comprised of neighborhood leaders, developers, policy advisors, and housing advocates.
The group reviewed and discussed topics with the most community concerns over four meetings
in the fall and winter of 2022. They made several recommended changes to proposal detailed in
the planning staff’s report.
Planning Commission (PC) Records
a) PC Agenda of May 11, 2022 (Click to Access)
b) PC Minutes of May 11, 2022 (Click to Access)
c) Planning Commission Staff Report of May 11, 2022 (Click to Access Report)
d) PC Agenda of March 22, 2023 (Click to Access)
e) PC Minutes of March 22, 2023 (Click to Access)
f) Planning Commission Memo of March 22, 2023 (Click to Access Memo)
g) PC Agenda of March 29, 2023 (Click to Access)
h) PC Minutes of March 29, 2023 (Click to Access)
i) PC Agenda of April 26, 2023 (Click to Access)
j) PC Minutes of April 26, 2023 (Click to Access)
k) Planning Commission Staff Report of April 26, 2023 (Click to Access Report)
Attachment E
EXHIBITS:
1) Ordinance: Final and Legislative Versions
2) Project Chronology
3) Notice of City Council Public Hearing
4) Petition Initiation Request
5) Additional Department Comments
6) Public Comment Received after the Planning Commission Staff Report was Published
1. ORDINANCE
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SALT LAKE CITY ORDINANCE
No. _____ of 2023
(An ordinance amending various sections of the Title 21A of the Salt Lake City Code
establishing a chapter for zoning incentives and adding affordable housing incentives)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant
to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing
incentives.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held
public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former
Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various
sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing
incentives; and
WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said
petition; and
WHEREAS, the City Council requests a report on costs and benefits of implementation
of the affordable housing incentives 24 months following adoption; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Salt Lake City Code Section 21A.20.040. That Section
21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is
amended to read as follows:
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A. If the violations are not corrected by the citation deadline, civil fines shall accrue at
twenty five dollars ($25.00) a day per violation for those properties legally used for
purposes that are solely residential uses, and one hundred dollars ($100.00) a day per
violation for those properties used for purposes that are not residential uses.
B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
per day per violation. If the violation(s) include renting an affordable rental unit in excess
of the approved rental rate then an additional monthly fine shall accrue that is the
difference between the market rate of the unit and the approved rental rate that is agreed
to by the applicant at the time of approval for a project using the incentives.
SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That
Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000
Single-family Residential District) shall be and hereby is amended to read as follows:
A. Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is
to provide for single-family residential dwellings and affordable housing incentives
developments with up to four units on lots twelve thousand (12,000) square feet in size or
larger. This district is appropriate in areas of the City as identified in the applicable
community Master Plan. Uses are intended to be compatible with the existing scale and
intensity of the neighborhood. The standards for the district are intended to provide for
safe and comfortable places to live and play, promote sustainable and compatible
development patterns and to preserve the existing character of the neighborhood.
SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That
Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000
Single-family Residential District) shall be and hereby is amended to read as follows:
A. Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to
provide for single-family residential dwellings and affordable housing incentives
developments with up to four units on lots not less than seven thousand (7,000) square
feet in size. This district is appropriate in areas of the City as identified in the applicable
community Master Plan. Uses are intended to be compatible with the existing scale and
intensity of the neighborhood. The standards for the district are intended to provide for
safe and comfortable places to live and play, promote sustainable and compatible
development patterns and to preserve the existing character of the neighborhood.
SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That
Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000
Single-family Residential District) shall be and hereby is amended to read as follows:
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A. Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to
provide for single-family residential dwellings and affordable housing incentives
developments with up to four units on lots not less than five thousand (5,000) square feet
in size. This district is appropriate in areas of the City as identified in the applicable
community Master Plan. Uses are intended to be compatible with the existing scale and
intensity of the neighborhood. The standards for the district are intended to provide for
safe and comfortable places to live and play, promote sustainable and compatible
development patterns and to preserve the existing character of the neighborhood.
SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That
Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and
Two-family Residential District) shall be and hereby is amended to read as follows:
A. Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District
is to preserve the character of existing neighborhoods which exhibit a mix of
predominantly single- and two-family dwellings. Uses are intended to be compatible with
the existing scale and intensity of the neighborhood. The standards for the district are
intended to provide for safe and comfortable places to live and play and to promote
sustainable and compatible development patterns.
SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That
Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU
Residential/Mixed Use District) shall be and hereby is amended to read as follows:
F. Maximum Building Height: The maximum building height shall not exceed seventy five
feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1
and F2 of this section.
1. Maximum height for nonresidential buildings: Forty five feet (45').
2. Maximum floor area coverage of nonresidential uses in mixed use
buildings of residential and nonresidential uses: Three (3) floors.
SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That
Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit
Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and
all notes thereto shall remain and are not amended herein):
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 minimum
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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.
SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table
21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form
Based Special Purpose Corridor District) shall be and hereby is amended to read as follows:
TABLE 21A.27.040.C
FB-SC BUILDING FORM STANDARDS
Permitted Building Forms
Multi-Family And Storefront
H Maximum building height Maximum building height in the FB-SC is 60 ft.
Limitation on commercial uses Commercial or nonresidential uses are limited to the
first 3 stories and a height of 45 ft. This limitation
does not apply to hotel/motel uses, which are
limited to the maximum height of 75 ft.
F Front and corner
side yard setback
Greenway Minimum of 5 ft. Maximum of 15 ft.
Neighborhood Minimum of 15 ft. Maximum of 25 ft.
Avenue Minimum of 5 ft. Maximum of 10 ft.
Boulevard Minimum of 15 ft. Maximum of 25 ft.
B Required built-to Minimum of 50% of any street facing facade shall
be built to the minimum setback line. At least 10%
of any street facing facade shall be built to the
maximum setback line.
S Interior side yard When adjacent to a residential district, a minimum
setback of 25% of the lot width, up to 25 ft., is
required. Any portion of the building taller than 30
ft. must be stepped back 2 ft. from the required
building setback line for every 1 ft. of height over
30 ft. When adjacent to other zoning districts, no
minimum setback is required. See illustration
below.
R Rear yard When adjacent to a residential district, a minimum
setback of 25% of the lot width, up to 25 ft., is
required. Any portion of the building taller than 30
ft. must be stepped back 2 ft. from the required
building setback line for every 1 ft. of height over
30 ft. When adjacent to other zoning districts, no
minimum setback is required. See illustration
below.
L Minimum lot size 4,000 sq. ft.; not to be used to calculate density.
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W Minimum lot width 50 ft.
DU Dwelling units per building form No minimum or maximum.
Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of
lot area provided all building forms have frontage
on a street.
SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section
21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Residential Districts, in alphabetical order with other use categories in the table, which use
category shall read and appear in that table as follows:
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Use Permitted And Conditional Uses By District
FR-1/
43,560
FR-2/
21,780
FR-3/
12,000
R-1/
12,000
R-1/
7,000
R-1/
5,000
SR-
1
SR-
2
SR-
3
R-
2
RMF-
30
RMF-
35
RMF-
45
RMF-
75
RB R-
MU-
35
R-
MU-
45
R-
MU
RO
Affordable
Housing
Incentives
Development
P P P P P P P P P P P P P P P P P P
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SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.030. That Section
21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Commercial Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Commercial Districts, in alphabetical order with other use categories in the table, which use
category shall read and appear in that table as follows:
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Use Permitted and Conditional Uses by District
CN CB CS1 CC CSHBD1 CG SNB
Affordable
Housing
Incentives
Development
P P P P P P P
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SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section
21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add
the use category “Affordable Housing Incentives Development” in the Table of Permitted and
Conditional Uses for Transit Station Area Districts, in alphabetical order with other use
categories in the table, which use category shall read and appear in that table as follows:
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Use Permitted And Conditional Uses By District
TSA-UC TSA-UN TSA-MUEC TSA-SP
Core Transition Core Transition Core Transition Core Transition
Affordable Housing Incentives
Development
P P P P P P P P
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SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.050. That Section
21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Downtown Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and
Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the
table, which use category shall read and appear in that table as follows:
Use Permitted And Conditional Uses By District
D-1 D-2 D-3 D-4
Affordable Housing Incentives
Development
P P P P
SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for the Gateway District, which use category shall read and appear in that table as follows:
Use G-MU
Affordable Housing Incentives Development P
SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Special Purpose Districts, which use category shall read and appear in that table as follows:
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Use Permitted and Conditional Uses by District
RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU
Affordable
Housing
Incentives
Development
P
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SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Form Based Districts, which use category shall read and appear in that table as follows:
[Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to
Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.]
Use Permitted Uses By District
FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE
Affordable Housing Incentives
Development
P P P P P
[Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant
to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should
be codified.]
Use Permitted Uses By District
FB-UN1 FB-UN2 FB-SC FB-SE
Affordable Housing Incentives
Development
P P P P
SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of
the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new
Chapter 21A.52 Zoning Incentives and shall read as follows:
21A.52.010 PURPOSE:
The purpose of this chapter is to establish zoning incentives to support achieving adopted goals
within the City’s adopted plans and policy documents.
21A.52.020 APPLICABILITY:
This chapter applies as indicated within each subsection.
21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
ZONING DISTRICTS:
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Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
standards and requirements take precedence except as indicated in this section.
21A.52.040 APPROVAL PROCESS:
Any process required by this title shall apply to this chapter unless specifically exempt or
modified within this chapter.
A. The Planned Development process in 21A.55 may be modified as indicated within
this chapter.
B. The Design Review process in 21A.59 may be modified as indicated within this
chapter.
C. Developments authorized by this chapter are exempt from 21A.10.020.B.1.
21A.52.050 AFFORDABLE HOUSING INCENTIVES:
A. Purpose: The Affordable Housing Incentives encourage the development of
affordable housing. The provisions within this section facilitate the construction of
affordable housing by allowing more inclusive development than would otherwise be
permitted in the base zoning districts. Housing constructed using the incentives is
intended to be compatible in form with the neighborhood and provide for safe and
comfortable places to live and play.
B. Applicability: The provisions in this section provide optional incentives to
development projects that include affordable housing units. Unless specifically stated
below, all other applicable provisions in the base zoning district or
overlay districts shall apply.
C. Uses: Additional housing types are allowed in zones subject to compliance with this
section.
D. Reporting and Auditing: Property owners who use the incentives of this chapter are
required to provide a report that demonstrates compliance with this section and any
additional approvals associated with the use of incentives. The report shall be
submitted annually by April 30th and shall be reflective of the financial status at the
end of the previous calendar year. The report shall be submitted to the Director of
Community and Neighborhoods or successor.
1. Annual Report and Auditing: Each property owner shall submit a report that
demonstrates compliance with this chapter.
a. If applicable, the property owner shall submit a copy of the annual report(s)
provided to Utah Housing Corporation, Olene Walker Housing Loan Fund,
Housing Authority of Salt Lake City, Housing Connect, or similar funding
source as determined by the Department of Community and Neighborhoods,
or successors, confirming compliance with affordable housing conditions,
including tenant income and rent rates.
b. If an annual report is not submitted as required in 21A.52.050.D.1.a above,
the property owner shall provide a report that includes, but is not limited to
the following:
(1) The property location, tax ID number, and legal description.
(2) Property owner name, mailing address, and email address.
(3) Information on the dwelling units and tenants of the property receiving
the incentives that includes:
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(A) The total number of dwelling units
(B) The number of bedrooms of each dwelling unit
(C) The rental rate of each dwelling unit
(D) Identify the dwelling units that comply with the level of
affordability identified in the approval to use the incentives and
a statement that the dwelling units are in compliance with the
approval requirements.
(E) Identify any change in occupancy to the units that are required
to be affordable under this section, including a change in the
number of people residing in each unit and any change in
tenant. Personal data is not required to be submitted.
(F) Confirm that income verification for all tenants was performed
on an annual basis.
(G) Identify any differences in rent between the agreed upon rental
rate in the approval to use the incentives and the actual rent
received for the identified affordable dwelling units.
(H) Identify any instance where an affordable dwelling unit was no
longer rented at the agreed upon level of affordability, the
length of time the dwelling unit was not in compliance with the
agreed upon level of affordability, and any remedy that was
taken to address the noncompliance.
2. Review of Annual Report: The Director of Community and Neighborhoods shall
review the report to determine if the report is complete.
3. Within 30 days of receipt of a complete report, the Director of Community and
Neighborhoods shall provide the property owner with written notice that:
a. Identifies whether the property is in compliance.
b. Identify any deficiency in the information provided by the owner.
c. Assesses any penalty that is due as a result of an identified noncompliance.
4. After receipt of the notice from the Director of Community and Neighborhoods that
indicates noncompliance, the property owner shall:
a. Cure the identified noncompliance within 30 days of such notice and
concurrently submit an updated report of then-current operations of the
property that demonstrates compliance; or
(1) Property owners can request an extension in writing prior to the
expiration of the 30-day cure period identified above. The request shall
include an explanation of the efforts to correct the non-compliance and
the reason the extension is needed. The Director of Community and
Neighborhoods will review and determine if the timeframe and
extension are appropriate and whether or not fines shall be stayed
during any approved extension. Upon expiration of the extension
granted by the Director the property owner shall submit an updated
report of then-current operations of the property that demonstrates
compliance.
b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any
noncompliance within 14 days of achieving compliance. Any fine or fee shall
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be assessed from the first identified date that the property is not in
compliance.
5. The city may contract with another entity for review of the requirements in this
section.
6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20,
except as set forth below in 21A.52.050.E.
E. Enforcement: Violations of this Chapter, or the restrictive covenant on the property
as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to
21A.20. The city shall have the additional remedies for violations as set forth below.
1. Lien on Property. If the property owner fails to make payment of the outstanding
fines, then after 90 days or when fines reach $5,000, the division will issue a
statement of outstanding fines. If the property owner fails to make payment within
14 days, then the division may certify the fines set forth in the statement to the Salt
Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount
entered shall have the force and effect of a valid judgment of the district court, is a
lien on the property, and shall be collected by the treasurer of the county in which
the property is located at the time of the payment of general taxes. Upon payment
of the amount set forth in the statement, the judgment is satisfied, the lien is
released from the property, and receipt shall be acknowledged upon the general tax
receipt issued by the treasurer.
2. Revocation of Business License. Upon a determination of the division that the
property is in violation of this Chapter the city may suspend or revoke the business
license associated with the property. Any suspension or revocation of a license
shall not be imposed until a hearing is first held before the Director of Community
and Neighborhoods or his/her successor. The licensee shall be given at least 14
days’ notice of the time and place of the hearing, together with the nature of the
charges against the licensee. The licensee may appear in person or through an
officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to
confront and cross-examine witnesses. The Director of Community and
Neighborhoods shall make a decision based upon the evidence introduced at the
hearing and issue a written decision. The licensee may appeal to an appeals
hearing officer and thereafter to district court pursuant to 21A.16. If the license is
revoked or suspended it shall thereafter be unlawful for any person to engage in or
use, or permit to be used any property for any business with respect to which the
license has been suspended or revoked until a license shall be granted upon appeal
or due to the property’s compliance with this Chapter. No person whose license
has been revoked, and no person associated or connected with such person in the
conduct of such business, shall be granted a license for the same purpose for a
period of six months after the revocation has occurred. The Director may, for good
cause, waive the prohibition against persons formerly associated or connected with
an individual who has had a license revoked.
F. Eligibility Standards: Developments shall meet the criteria below to be eligible for
the authorized incentives:
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1. Restrictive Covenant Required:
a. Any owner who uses the incentives of this chapter shall enter into a
legally binding restrictive covenant, the form of which shall be
approved by the city attorney. Prior to the issuance of a building
permit for construction of a building using the incentives, the
restrictive covenant shall be filed with the Salt Lake County Recorder.
The agreement shall provide for the following, without limitation:
acknowledge the use of the incentives, the nature of the approval and
any conditions thereof, the affordability requirements, the terms of
compliance with all applicable regulations, shall guarantee compliance
for a term of 30 years, and the potential enforcement actions for any
violation of the agreement. The agreement shall be recorded on the
property with the Salt Lake County Recorder, guarantees that the
affordability criteria will be met for at least 30 years, and is
transferrable to any future owner.
b. For an affordable homeownership unit, a notice of sale shall be
provided to the city and the city shall have a right of first refusal to any
sale of the property in accordance with a future sales price that is
capped to comply with section 21A.52.050.F.2.b.2 below.
2. The affordable units shall be both income and rent/housing payment
restricted.
a. Income Restriction - The affordable units shall be made available only
to Eligible Households that are qualifying occupants with an annual
income at or below the SLC Area Median Income (“AMI”) as
applicable for the given affordable unit for Salt Lake City Utah, U.S.
Department of Housing and Urban Development (“HUD”) Metro
FMR Area (as periodically determined by the HUD and adjusted for
household size).
b. Rent/Housing Payment Restriction
(1) For an affordable rental unit, the monthly rent, including all
required housing costs per unit, such as utilities and other
charges uniformly assessed to all apartment units other than
charges for optional services, shall be set forth in a written
lease and shall not exceed, for the term of the lease, the
maximum monthly gross rental rate published annually by the
Utah Housing Corporation for affordable units located in Salt
Lake City for the percentage AMI as applicable for the given
affordable unit type.
(2) For an affordable homeownership unit, the annualized housing
payment, including mortgage principal and interest, private
mortgage insurance, property taxes, condominium and/or
homeowner's association fees, insurance, and parking, shall not
exceed thirty percent (30%) of the maximum monthly income
permissible for the AMI as applicable for the given affordable
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unit, assuming a household size equal to the number of
bedrooms in the unit plus one person.
3. Comparable units: Affordable units shall be comparable to market rate units
in the development including entrance location, dispersion throughout the
building or site, number of bedrooms (unless otherwise permitted), access to
all amenities available to the market rate units in the development, or as set
forth in the terms of the restrictive covenant. This section does not apply to
units in single- and two-family zoning districts.
4. The property owner shall be ineligible for affordable housing incentives
pursuant to this Chapter if the property owner or its principals, partners, or
agents are under enforcement for any violation of title 11, 18, 20, or 21.
G. Incentives: Developments are eligible for the incentives identified in this section.
Table 21A.52.050.G establishes the affordability requirements based on the zoning
district of the property. Sections 1 through 4 establish the modifications allowed
within each zoning district in order to be eligible for the affordability incentives. To
use the incentives, developments shall comply with the criteria applicable to the base
zoning districts.
Table 21A.52.050.G
Incentive Types
Types Incentive
Type A. Applicable to the single- and
two-family zoning districts: FR-1,
FR-2, FR-3, R-1/12,000, R-1/7,000,
R-1/5,000, R-2, SR-1, SR-1A, and
SR-3.
Dwelling units shall meet the requirements for an
affordable rental or homeownership unit affordable to
those with incomes at or below 80% AMI.
New construction: At least 50% of the provided
dwelling units shall be affordable.
Existing building maintained: A minimum of one of
the dwelling units shall be affordable provided the
existing building is maintained as required in
21A.52.050.H.1.c.
Type B. Applicable to residential
multifamily zoning districts: RMF-
30, RMF-35, RMF-45, and RMF-75
An affordable rental unit shall meet a minimum of at
least one of the following affordability criteria:
1. 40% of units shall be affordable to those with
incomes at or below 60% AMI;
2. 20% of units shall be affordable to those with
incomes at or below 50% AMI; or
3. 40% of units shall be affordable to those with
incomes averaging no more than 60% AMI
and these units shall not be occupied by those
with an income greater than 80% AMI.
For sale owner occupied units: An affordable
homeownership unit shall provide a minimum of 50%
of units affordable to those with incomes at or below
80% AMI.
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Type C. Applicable to zoning
districts not otherwise specified.
Affordable rental or homeownership units shall meet
a minimum of at least one of the affordability criteria
identified. Any fractional number of units required
shall be rounded up to the nearest whole number.
1. 20% of units are restricted as affordable to
those with an income at or below 80% AMI;
2. 10% of units are restricted as affordable to
those with an income at or below 60% AMI;
3. 10% of units are restricted as affordable to
those with an average income at or below 60%
AMI and these units shall not be occupied by
those with an income greater than 80% AMI;
4. 5% of units are restricted as affordable to
those with an income at or below 30% AMI;
5. 10% of units are restricted as affordable to
those with an income at or below 80% AMI
when the affordable units have two or more
bedrooms;
6. 5% of units are restricted as affordable to
those with an income at or below 60% AMI
when the affordable units have two or more
bedrooms; or
7. 5% of the units are restricted as affordable to
those with an income at or below 80% AMI
when the affordable units have three or more
bedrooms.
1. Single- and Two-Family Zoning Districts: The following housing types: twin
home and two-family, three-family dwellings, four-family dwellings, row houses,
sideways row houses, and cottage developments are authorized in the FR-1, FR-2,
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning
districts provided the affordability requirements in for Type A in Table
21A.52.050.G are met.
2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying
provisions for density found in the minimum lot area and lot width tables for
the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the
RMF-30 zoning district, the minimum lot size per dwelling unit does not apply,
provided the affordability requirements for Type B in Table 21A.52.050.G are
met.
3. Incentives in the CB Community Business, CC Corridor Commercial, CG
General Commercial, and I Institutional Zoning Districts:
a. The following housing types: row houses, sideways row houses, and
cottage developments are authorized in zoning districts provided the
affordability requirements in subsection b. are complied with;
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b. To be eligible for the incentives listed in this section, a development
shall meet the affordability requirements for Type C in Table
21A.52.050.G.
4. The following incentives are authorized in zoning districts provided the
affordability requirements for Type C in Table 21A.52.050.G are complied with:
a. Administrative design review provided the noticing requirements of
21A.10.020.B and the standards in 21A.59 are met. Early engagement
notice requirements to recognized organizations are not applicable.
b. Additional building height as indicated in the following sections:
(1) Residential districts:
Zoning
District
Permitted Maximum Height with Incentive
RMU-35 45’ with administrative Design Review, regardless of abutting use or zone.
RMU-45 55’ with administrative Design Review, regardless of abutting use or zone.
RB May build one additional story equal to or less than the average height of the
other stories in the building. Density limitations listed in the land use table do
not apply.
RMU May build three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
RO May build one additional story equal to or less than the average height of the
other stories in the building.
(2) Commercial Districts:
Zoning
District
Permitted Maximum Height with Incentive
SNB May build one additional story equal to or less than the average height of the
other stories in the building.
CB May build one additional story equal to or less than the average height of the
other stories in the building.
CN May build one additional story equal to or less than the average height of the
other stories in the building.
CC 45’ with administrative Design Review; additional landscaping may be met by
meeting requirements in 21A.52.050.H.3.c.5.
CG May build two additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
May build three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review for properties
in the mapped area in Figure 21A.26.070.G.
CSHBD1 105’ and two additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
CSHBD2 60’ with administrative Design Review and one additional story equal to or less
than the average height of the other stories in the building with administrative
Design Review.
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TSA-
Transition
May build one additional story equal to or less than the average height of the
other stories in the building with administrative review.
TSA-Core May build two additional stories equal to or less than the average height of the
other stories in the building with administrative review.
(3) Form-based districts:
[Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to
Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.]
Zoning
District
Permitted Maximum Height with Incentive
FB-UN3 125’ and three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
FB-UN2 May build one additional story equal to the average height of the other stories in
the building.
FB-SC May build one additional story equal to the average height of the other stories in
the building.
FB-SE May build one additional story equal to the average height of the other stories in
the building.
FB-UN1 May build up to three stories and 30’ in height.
[Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant
to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should
be codified.]
Zoning
District
Permitted Maximum Height with Incentive
FB-UN2 May build one additional story equal to the average height of the other stories
in the building.
FB-SC May build one additional story equal to the average height of the other stories
in the building.
FB-SE May build one additional story equal to the average height of the other stories
in the building.
FB-UN1 May build up to three stories and 30’ in height.
(4) Downtown districts:
Zoning
District
Permitted Maximum Height with Incentive
D-1 Administrative Design Review is permitted when a Design Review process is
required.
D-2 Two additional stories equal to or less than the average height of the other stories
in the building with administrative Design Review.
D-3 Three additional stories equal to or less than the average height of the other
stories in the building with administrative Design Review.
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D-4 Three additional stories equal to or less than the average height of the stories
permitted with administrative Design Review. 375’ and administrative Design
Review in mapped area in 21A.30.045.E.2.b.
(5) Other districts:
Zoning
District
Permitted Maximum Height with Incentive
GMU Two additional stories equal to or less than the average height of the other
stories in the building with administrative Design Review.
MU 60’ with residential units and administrative Design Review.
c. Administrative Design Review is permitted for the following:
(6) Buildings in the CSHBD1 and CSHBD2 zoning district
that exceed 20,000 square feet in size.
(7) Buildings in the CB zoning district that exceed 7,500
gross square feet of floor area for a first-floor footprint or
in excess of 15,000 gross square feet floor area.
5. Planned Developments: A Planned Development is not required when the purpose
of the planned development is due to the following reasons cited below, subject to
approval by other city departments. If a development proposes any modification
that is not listed below, planned development approval is required. To be eligible
for the incentives in this section, a development shall meet the affordability
requirements for the applicable zoning district in Table 21A.52.040.
a. Multiple Buildings on a Single Parcel: More than one principal
building may be located on a single parcel and are allowed without
having public street frontage. This allowance supersedes the
restrictions of 21A.36.010.B;
b. Principal buildings with frontage on a paved public alley;
c. Principal buildings with frontage on a private street;
d. Development located in the Community Shopping (CS) “Planned
Development Review” in 21A.26.040.C.
H. Development Regulations: The following development regulations are intended to
provide supplemental regulations and modify standards of the base zoning district for
the purpose of making the affordable housing incentives more feasible and
compatible with existing development. Base zoning standards apply unless
specifically modified by this section and are in addition to modifications authorized in
subsection 21A.52.050.G. If there are conflicts with design standards, the more
restrictive regulation shall apply and take precedence. These standards are not
allowed to be modified through the planned development process.
1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2,
SR-1, SR-1A, and SR-3 zoning districts:
a. Parking: Unless there is a lesser parking requirement in 21A.44, only
one off-street parking space per unit is required. One detached garage
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or covered parking space, no greater than 250 sq. ft. per unit, may be
provided for each unit and these structure(s) may exceed the yard and
building coverage requirements for accessory structures. When
covered parking is provided, the 250 sq. ft. per unit of covered parking
may be combined into a single structure for each required parking stall
provided.
b. Yards: Minimum required yards shall apply to the perimeter of the
development and not to the individual principal buildings within the
development.
c. Density:
(1) Lots approved through a planned development prior to the
effective date of this chapter are required to go through a major
modification of the planned development to use the incentives.
(2) Lots may contain up to four units. Existing lots may be
divided such that each unit is on its own lot. The new lots are
exempt from minimum lot area, lot width, and lot frontage
requirements.
(3) An accessory dwelling unit (ADU) is considered one unit and
counts toward the number of units permitted.
(4) Arrangement of dwellings:
(A) New dwelling units may be arranged in any manner
within a building, as a second detached dwelling, as
attached units, or a cottage development with three or
more detached dwellings, within the buildings that are
part of the cottage development.
(B) When an existing building is maintained, new units
may be added internal to the existing structure, as an
addition, or as a second detached dwelling. Any
addition must comply with the standards of the base
zoning district; however, the addition may contain
additional units. 50% of the exterior walls of the
existing dwelling, including the front elevation, shall
remain as exterior walls.
(C) The units shall comply with this section, applicable
requirements of the base zoning district, and any
applicable overlay district.
2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the
following provisions shall apply:
a. Unit Mix: No more than 25% of the units in the development shall be
less than 500 square feet to promote a mix of unit sizes.
b. Parking: Unless there is a lesser parking requirement in 21A.44, only
one off-street parking space per unit is required in multifamily
developments with less than 10 units.
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c. Yards: The minimum required yards shall apply to the perimeter of the
development and not to the individual principal buildings within the
development.
d. Lot width: Minimum lot width requirements do not apply.
3. In addition to applicable requirements in 1. and 2. above, the following provisions
apply to the specific building types listed:
a. Row house and Sideways row house
(1) Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard of
the base zoning district apply.
(B) Side yards: A minimum of 10 feet on one side of the
building and 6 feet on the other interior side yard
unless a greater yard is required by the base zoning
district
(C) Rear yard: The rear yard of the base zoning district
applies.
(2) Number of Units: To qualify for incentives in the FR-1, FR-2,
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-
1A zoning districts there is a minimum of three and a
maximum of four residential dwelling units per building.
(3) Building length facing street:
(A) The building length shall not exceed 60 feet or the
average of the block face, whichever is less, in FR-1,
FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R-
2, SR-1, and SR-1A districts;
(B) The building length shall not exceed 100 feet in the
RMF-30, RMF-35, RMF-45 and RMF-75 districts;
and
(C) The building length shall not exceed 175 feet in other
zoning districts.
(4) Building entry facing street: At least one operable building
entrance on the ground floor is required for each unit facing
the primary street facing façade. All units adjacent to a
public street shall have the primary entrance on the street
facing façade of the building with an unenclosed entry porch,
canopy, or awning feature. The entry feature may encroach in
the front yard setback, but the encroachment shall not be
closer than 5 feet from the front property line.
(5) Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the 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
25
proposed material is durable and is appropriate for the
structure.
(6) Parking requirement and location: Unless there is a lesser
parking requirement in 21A.44, only one off-street parking
space per unit is required. All provided parking shall be
located to the side of the street facing building façade, behind
a principal structure that has frontage on a street, or within
the principal structure subject to any other applicable
provision.
(7) Garage doors facing street: Garage doors are prohibited on
the façade of the building that is parallel to, or located along,
a public street.
(8) Personal outdoor space: Each unit shall have a minimum
outdoor space of 60 square feet where the minimum
measurement of any side cannot be less than 6 feet.
(9) Glass: The surface area of the façade of each floor facing a
street must contain a minimum of 15% glass.
(10) Blank wall: The maximum length of any blank wall
uninterrupted by windows, doors, or architectural detailing at
the ground floor level along any street facing façade is 15’.
(11) Screening of mechanical equipment: All mechanical
equipment 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.36.020B, “Obstructions In Required
Yards” of this title.
Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House
Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House
26
b. Cottage Development
(1) Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard of the
base zoning district apply.
(B) Side yards: A minimum of 10 feet on one side of the
property line and 6 feet on the other interior side yard,
unless a greater yard is required by the base zoning
district.
(C) Rear yard: The rear yard of the base zoning district
applies.
(2) Setbacks Between Individual Cottages: All cottages shall have
a minimum setback of eight feet from another cottage.
(3) Area: No cottage shall have more than 850 square feet of gross
floor area, excluding basement area. There is no minimum
square foot requirement.
(4) Building Entrance: All building entrances shall face a public
street or a common open space.
(5) Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the 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
27
proposed material is durable and is appropriate for the
structure.
(6) Open Space: A minimum of 250 square feet of common, open
space is required per cottage. At least 50% of the open space
shall be in a courtyard or other common, usable open space.
The development shall include landscaping, walkways or other
amenities intended to serve the residents of the development.
(7) Personal Outdoor Space: In addition to the open space
requirement in this section, a minimum of 120 square feet of
private open space is required per cottage. The open space
shall provide a private yard area for each cottage and will be
separated with a fence, hedge, or other visual separation to
distinguish the private space.
(8) Parking: Unless there is a lesser parking requirement in
21A.44, one off-street parking space per unit is required. All
provided parking shall be located to the side of a street facing
building façade, behind a principal structure that has frontage
on a street, or within the principal structure subject to any other
applicable provision.
c. In addition to applicable requirements in 21A.52.050.H above, the
following provisions apply to all other buildings containing more than two
residential units. If the base zone has a greater design standard
requirement, that standard applies.
(1) Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard
setback of the base zoning district apply.
(B) Side yards: For housing types not otherwise allowed in
the zoning district, a minimum of 10 feet on each side
property line, unless a greater setback is required for
single-family homes.
(C) Rear yards: The rear yard of the base zoning district
applies.
(2) Building entrances: The ground floor shall have a primary
entrance on the street facing façade of the building with an
unenclosed entry porch, canopy, or awning feature. Stairs to
second floor units are not permitted on street facing elevations.
(3) Glass: The surface area of the façade of each floor facing a
street must contain a minimum of 15% glass.
(4) Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the 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
28
proposed material is durable and is appropriate for the
structure.
(5) Open space: Open space area may include landscaped yards,
patios, dining areas, and other similar outdoor living spaces.
All required open space areas shall be accessible to all
residents or users of the building.
(A) Single- and two-family zoning districts: 120 sq. ft. of
open space with a minimum width of 6 ft. shall be
provided for each building with a dwelling.
(B) All other zoning districts: A minimum of 10% of the
land area within the development shall be open space,
up to 5,000 square feet. Open space may include
courtyards, rooftop and terrace gardens and other
similar types of open space amenities. All required
open space areas shall be accessible to all residents or
users of the building.
d. Single- and Two-family Dwellings: No additional design standards except
as identified in 21A.24.
e. Unit Limits: For overall development sites with more than 125 units, no
more than 50% of units shall be designated as affordable units.
f. Lots without public street frontage may be created to accommodate
developments without planned development approval subject to the
following standards:
(1) Required yards shall be applied to the overall development
site not individual lots within the development. The front and
corner yards of the perimeter shall be maintained as landscaped
yards;
(2) Lot coverage shall be calculated for the overall development
not individual lots within the development; and
(3) Required off street parking stalls for a unit within the
development are permitted on any lot within the development.
(4) The subdivision shall be finalized with a final plat and the final
plat shall document that the new lot(s) has adequate access to a
public street by way of easements or a shared driveway or
private street; and
(5) An entity, such as a homeowner association, must be
established for the operation and maintenance of any common
infrastructure. Documentation establishing that entity must be
recorded with the final plat.
SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That
Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose
Statements) shall be and hereby is amended to read as follows:
29
1. Affordable housing that meets the requirements of 21A.52.050.
SECTION 18. 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 add the following terms in the list of defined terms to be inserted into that list
in alphabetical order:
Affordable Housing
Affordable Housing Incentives Development
Dwelling, Three-family
Dwelling, Four-family
Dwelling, Row House
Dwelling, Sideways Row House
Dwelling, Cottage Development
SECTION 19. 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. Adding the definition of “AFFORDABLE HOUSING.” That the definition of
“AFFORDABLE HOUSING” be added and inserted into the list of definitions in
alphabetical order and read as follows:
AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable,
rent-restricted. The affordable units shall be made available only to individuals and
households that are qualifying occupants at or below the applicable percentage of the area
median income for the Salt Lake City Utah, U.S. Department of Housing and Urban
Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as
periodically determined by HUD and adjusted for household size) and published by the Utah
Housing Corporation, or its successor. Affordable (30% of gross income for housing costs,
including utilities) housing units must accommodate at least one of the following categories:
a. Extremely Low-Income Affordable Units: Housing units accommodating up to
30% AMI;
b. Very Low-Income Affordable Units: Housing units accommodating up to greater than
30% and up to 50% AMI; or
c. Low-Income Affordable Units: Housing units accommodating greater than 50% and
up to 80% AMI.
30
b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES
DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES
DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order
and read as follows:
AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that
meets the criteria in 21A.52.050.
c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of
“DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in
alphabetical order and read as follows:
DWELLING, THREE-FAMILY: A detached building containing three dwelling units.
d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of
“DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in
alphabetical order and read as follows:
DWELLING, FOUR-FAMILY: A detached building containing four dwelling units.
e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of
“DWELLING, ROW HOUSE” be added and inserted into the list of definitions in
alphabetical order and read as follows:
DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least
one common wall with an adjacent dwelling unit and where the entry of each unit faces a
public street. Units may be stacked vertically and/or attached horizontally. Each attached unit
may be on its own lot.
f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition
of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of
definitions in alphabetical order and read as follows:
DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that
share at least one common wall with an adjacent dwelling unit and where the entry of each
31
unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or
attached horizontally. Each attached unit may be on its own lot.
g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the
definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into
the list of definitions in alphabetical order and read as follows:
DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified
development that contains a minimum of two and a maximum of eight detached dwelling
units with each unit appearing to be a small single-family dwelling with a common green or
open space. Dwellings may be located on separate lots or grouped on one lot.
SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee
Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the
attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule
shall be published on the official Salt Lake City website.
SECTION 21. 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 ______________, 2023.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
32
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2023.
Published: ______________.
Ordinance creating zoning incentives and affordable housing incentives
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
July 7, 2023
33
EXHIBIT A
Service Fee Additional Information Section
Affordable Housing Incentives Fines
Noncompliance violation $100/affordable
unit/day
Plus rental difference 21A.20.040.B
1
SALT LAKE CITY ORDINANCE 1
2
No. _____ of 2023 3
4
(An ordinance amending various sections of the Title 21A of the Salt Lake City Code 5
establishing a chapter for zoning incentives and adding affordable housing incentives) 6
7
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant 8
to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing 9
incentives. 10
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held 11
public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former 12
Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various 13
sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing 14
incentives; and 15
WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of 16
transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said 17
petition; and 18
WHEREAS, the City Council requests a report on costs and benefits of implementation 19
of the affordable housing incentives 24 months following adoption; and 20
WHEREAS, after a public hearing on this matter the City Council has determined that 21
adopting this ordinance is in the city’s best interests. 22
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 23
SECTION 1. Amending the text of Salt Lake City Code Section 21A.20.040. That Section 24
21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is 25
amended to read as follows: 26
2
A. If the violations are not corrected by the citation deadline, civil fines shall accrue at 27
twenty five dollars ($25.00) a day per violation for those properties legally used for 28
purposes that are solely residential uses, and one hundred dollars ($100.00) a day per 29
violation for those properties used for purposes that are not residential uses. 30
B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the 31
citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule 32
per day per violation. If the violation(s) include renting an affordable rental unit in excess 33
of the approved rental rate then an additional monthly fine shall accrue that is the 34
difference between the market rate of the unit and the approved rental rate that is agreed 35
to by the applicant at the time of approval for a project using the incentives. 36
37
SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That 38
Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000 39
Single-family Residential District) shall be and hereby is amended to read as follows: 40
A. Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is 41
to provide for conventional single-family residential dwellings and affordable housing 42
incentives developments with up to four units on residential neighborhoods with lots 43
twelve thousand (12,000) square feet in size or larger. This district is appropriate in areas 44
of the City as identified in the applicable community Master Plan. Uses are intended to be 45
compatible with the existing scale and intensity of the neighborhood. The standards for 46
the district are intended to provide for safe and comfortable places to live and play, 47
promote sustainable and compatible development patterns and to preserve the existing 48
character of the neighborhood. 49
50
SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That 51
Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000 52
Single-family Residential District) shall be and hereby is amended to read as follows: 53
A. Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to 54
provide for conventional single-family residential dwellings and affordable housing 55
incentives developments with up to four units on residential neighborhoods with lots not 56
less than seven thousand (7,000) square feet in size. This district is appropriate in areas of 57
the City as identified in the applicable community Master Plan. Uses are intended to be 58
compatible with the existing scale and intensity of the neighborhood. The standards for 59
the district are intended to provide for safe and comfortable places to live and play, 60
promote sustainable and compatible development patterns and to preserve the existing 61
character of the neighborhood. 62
63
3
SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That 64
Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000 65
Single-family Residential District) shall be and hereby is amended to read as follows: 66
A. Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to 67
provide for conventional single-family residential dwellings and affordable housing 68
incentives developments with up to four units on residential neighborhoods with lots not 69
less than five thousand (5,000) square feet in size. This district is appropriate in areas of 70
the City as identified in the applicable community Master Plan. Uses are intended to be 71
compatible with the existing scale and intensity of the neighborhood. The standards for 72
the district are intended to provide for safe and comfortable places to live and play, 73
promote sustainable and compatible development patterns and to preserve the existing 74
character of the neighborhood. 75
76
SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That 77
Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and 78
Two-family Residential District) shall be and hereby is amended to read as follows: 79
A. Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District 80
is to preserve and protect for single-family dwellings the character of existing 81
neighborhoods which exhibit a mix of predominantly single- and two-family dwellings 82
by controlling the concentration of two-family dwelling units. Uses are intended to be 83
compatible with the existing scale and intensity of the neighborhood. The standards for 84
the district are intended to provide for safe and comfortable places to live and play and to 85
promote sustainable and compatible development patterns. 86
87
SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That 88
Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU 89
Residential/Mixed Use District) shall be and hereby is amended to read as follows: 90
F. Maximum Building Height: The maximum building height shall not exceed seventy five 91
feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1 92
and F2 of this section. Buildings taller than seventy five feet (75'), up to a maximum of 93
one hundred twenty five feet (125'), may be authorized through the design review process 94
(chapter 21A.59 of this title) and provided, that the proposed height is located within the 95
one hundred twenty five foot (125') height zone indicated in the map located in 96
subsection F3 of this section. 97
1. Maximum height for nonresidential buildings: Forty five feet (45'). 98
2. Maximum floor area coverage of nonresidential uses in mixed use 99
buildings of residential and nonresidential uses: Three (3) floors. 100
4
3. One hundred twenty five foot (125') height zone map for the R-MU 101
District: 102
103
FIGURE 21A.24.170.F.3 104
105
106
SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That 107
Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit 108
Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and 109
all notes thereto shall remain and are not amended herein): 110
5
2. Building Height: The minimum and maximum building heights are found in table 111
21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The following 112
exceptions apply: 113
a. The minimum building height applies to all structures that are adjacent to a public or 114
private street. The building shall meet the minimum building height for at least fifty 115
percent (50%) of the width of the street facing building wall. 116
b. Projects that achieve a development score that qualifies for administrative review are 117
eligible for an increase in height. The increase shall be limited to one story of 118
habitable space. The height of the additional story shall be equal to or less than the 119
average height of the other stories in the building. This is in addition to the height 120
authorized elsewhere in this title. 121
122
SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table 123
21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form 124
Based Special Purpose Corridor District) shall be and hereby is amended to read as follows: 125
TABLE 21A.27.040.C 126
FB-SC BUILDING FORM STANDARDS 127
Permitted Building Forms
Multi-Family And Storefront
H Maximum building height Maximum building height in the FB-SC is 60 ft. An
additional 15 ft. in height (for a total height of 75
ft.) may be permitted for residential uses if a
minimum of 10% of the units are affordable
housing.
Limitation on commercial uses Commercial or nonresidential uses are limited to the
first 3 stories and a height of 45 ft. This limitation
does not apply to hotel/motel uses, which are
limited to the maximum height of 75 ft.
F Front and corner
side yard setback
Greenway Minimum of 5 ft. Maximum of 15 ft.
Neighborhood Minimum of 15 ft. Maximum of 25 ft.
Avenue Minimum of 5 ft. Maximum of 10 ft.
Boulevard Minimum of 15 ft. Maximum of 25 ft.
B Required built-to Minimum of 50% of any street facing facade shall
be built to the minimum setback line. At least 10%
of any street facing facade shall be built to the
maximum setback line.
S Interior side yard When adjacent to a residential district, a minimum
setback of 25% of the lot width, up to 25 ft., is
required. Any portion of the building taller than 30
ft. must be stepped back 2 ft. from the required
building setback line for every 1 ft. of height over
30 ft. When adjacent to other zoning districts, no
6
minimum setback is required. See illustration
below.
R Rear yard When adjacent to a residential district, a minimum
setback of 25% of the lot width, up to 25 ft., is
required. Any portion of the building taller than 30
ft. must be stepped back 2 ft. from the required
building setback line for every 1 ft. of height over
30 ft. When adjacent to other zoning districts, no
minimum setback is required. See illustration
below.
L Minimum lot size 4,000 sq. ft.; not to be used to calculate density.
W Minimum lot width 50 ft.
DU Dwelling units per building form No minimum or maximum.
Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of
lot area provided all building forms have frontage
on a street.
128
129
130
SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 131
21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 132
Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use 133
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 134
Uses for Residential Districts, in alphabetical order with other use categories in the table, which use 135
category shall read and appear in that table as follows: 136
7
Use Permitted And Conditional Uses By District
FR-1/
43,560
FR-2/
21,780
FR-3/
12,000
R-1/
12,000
R-1/
7,000
R-1/
5,000
SR-
1
SR-
2
SR-
3
R-
2
RMF-
30
RMF-
35
RMF-
45
RMF-
75
RB R-
MU-
35
R-
MU-
45
R-
MU
RO
Affordable
Housing
Incentives
Development
P P P P P P P P P P P P P P P P P P
137
8
SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 138
21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 139
Conditional Uses for Commercial Districts) shall be and hereby is amended only to add the use 140
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 141
Uses for Commercial Districts, in alphabetical order with other use categories in the table, which use 142
category shall read and appear in that table as follows: 143
9
Use Permitted and Conditional Uses by District
CN CB CS1 CC CSHBD1 CG SNB
Affordable
Housing
Incentives
Development
P P P P P P P
145
10
SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 146
21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 147
Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add 148
the use category “Affordable Housing Incentives Development” in the Table of Permitted and 149
Conditional Uses for Transit Station Area Districts, in alphabetical order with other use 150
categories in the table, which use category shall read and appear in that table as follows: 151
152
11
Use Permitted And Conditional Uses By District
TSA-UC TSA-UN TSA-MUEC TSA-SP
Core Transition Core Transition Core Transition Core Transition
Affordable Housing Incentives
Development
P P P P P P P P
153
12
SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 154
21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 155
Conditional Uses for Downtown Districts) shall be and hereby is amended only to add the use 156
category “Affordable Housing Incentives Development” in the Table of Permitted and 157
Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the 158
table, which use category shall read and appear in that table as follows: 159
Use Permitted And Conditional Uses By District
D-1 D-2 D-3 D-4
Affordable Housing Incentives
Development
P P P P
160
SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 161
21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 162
Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use 163
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 164
Uses for the Gateway District, which use category shall read and appear in that table as follows: 165
Use G-MU
Affordable Housing Incentives Development P
166
SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 167
21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 168
Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use 169
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 170
Uses for Special Purpose Districts, which use category shall read and appear in that table as follows: 171
13
172
Use Permitted and Conditional Uses by District
RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU
Affordable
Housing
Incentives
Development
P
173
14
SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 174
21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 175
Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use 176
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 177
Uses for Form Based Districts, which use category shall read and appear in that table as follows: 178
[Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to 179
Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] 180
Use Permitted Uses By District
FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE
Affordable Housing Incentives
Development
P P P P P
181
[Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant 182
to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should 183
be codified.] 184
Use Permitted Uses By District
FB-UN1 FB-UN2 FB-SC FB-SE
Affordable Housing Incentives
Development
P P P P
185
SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of 186
the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new 187
Chapter 21A.52 Zoning Incentives and shall read as follows: 188
21A.52.010 PURPOSE: 189
The purpose of this chapter is to establish zoning incentives to support achieving adopted goals 190
within the City’s adopted plans and policy documents. 191
21A.52.020 APPLICABILITY: 192
This chapter applies as indicated within each subsection. 193
21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY 194
ZONING DISTRICTS: 195
15
Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district 196
standards and requirements take precedence except as indicated in this section. 197
21A.52.040 APPROVAL PROCESS: 198
Any process required by this title shall apply to this chapter unless specifically exempt or 199
modified within this chapter. 200
A. The Planned Development process in 21A.55 may be modified as indicated within 201
this chapter. 202
B. The Design Review process in 21A.59 may be modified as indicated within this 203
chapter. 204
C. Developments authorized by this chapter are exempt from 21A.10.020.B.1. 205
21A.52.050 AFFORDABLE HOUSING INCENTIVES: 206
A. Purpose: The Affordable Housing Incentives encourage the development of 207
affordable housing. The provisions within this section facilitate the construction of 208
affordable housing by allowing more inclusive development than would otherwise be 209
permitted in the base zoning districts. Housing constructed using the incentives is 210
intended to be compatible in form with the neighborhood and provide for safe and 211
comfortable places to live and play. 212
B. Applicability: The provisions in this section provide optional incentives to 213
development projects that include affordable housing units. Unless specifically stated 214
below, all other applicable provisions in the base zoning district or 215
overlay districts shall apply. 216
C. Uses: Additional housing types are allowed in zones subject to compliance with this 217
section. 218
D. Reporting and Auditing: Property owners who use the incentives of this chapter are 219
required to provide a report that demonstrates compliance with this section and any 220
additional approvals associated with the use of incentives. The report shall be 221
submitted annually by April 30th and shall be reflective of the financial status at the 222
end of the previous calendar year. The report shall be submitted to the Director of 223
Community and Neighborhoods or successor. 224
1. Annual Report and Auditing: Each property owner shall submit a report that 225
demonstrates compliance with this chapter. 226
a. If applicable, the property owner shall submit a copy of the annual report(s) 227
provided to Utah Housing Corporation, Olene Walker Housing Loan Fund, 228
Housing Authority of Salt Lake City, Housing Connect, or similar funding 229
source as determined by the Department of Community and Neighborhoods, 230
or successors, confirming compliance with affordable housing conditions, 231
including tenant income and rent rates. 232
b. If an annual report is not submitted as required in 21A.52.050.D.1.a above, 233
the property owner shall provide a report that includes, but is not limited to 234
the following: 235
(1) The property location, tax ID number, and legal description. 236
(2) Property owner name, mailing address, and email address. 237
(3) Information on the dwelling units and tenants of the property receiving 238
the incentives that includes: 239
16
(A) The total number of dwelling units 240
(B) The number of bedrooms of each dwelling unit 241
(C) The rental rate of each dwelling unit 242
(D) Identify the dwelling units that comply with the level of 243
affordability identified in the approval to use the incentives and 244
a statement that the dwelling units are in compliance with the 245
approval requirements. 246
(E) Identify any change in occupancy to the units that are required 247
to be affordable under this section, including a change in the 248
number of people residing in each unit and any change in 249
tenant. Personal data is not required to be submitted. 250
(F) Confirm that income verification for all tenants was performed 251
on an annual basis. 252
(G) Identify any differences in rent between the agreed upon rental 253
rate in the approval to use the incentives and the actual rent 254
received for the identified affordable dwelling units. 255
(H) Identify any instance where an affordable dwelling unit was no 256
longer rented at the agreed upon level of affordability, the 257
length of time the dwelling unit was not in compliance with the 258
agreed upon level of affordability, and any remedy that was 259
taken to address the noncompliance. 260
2. Review of Annual Report: The Director of Community and Neighborhoods shall 261
review the report to determine if the report is complete. 262
3. Within 30 days of receipt of a complete report, the Director of Community and 263
Neighborhoods shall provide the property owner with written notice that: 264
a. Identifies whether the property is in compliance. 265
b. Identify any deficiency in the information provided by the owner. 266
c. Assesses any penalty that is due as a result of an identified noncompliance. 267
4. After receipt of the notice from the Director of Community and Neighborhoods that 268
indicates noncompliance, the property owner shall: 269
a. Cure the identified noncompliance within 30 days of such notice and 270
concurrently submit an updated report of then-current operations of the 271
property that demonstrates compliance; or 272
(1) Property owners can request an extension in writing prior to the 273
expiration of the 30-day cure period identified above. The request shall 274
include an explanation of the efforts to correct the non-compliance and 275
the reason the extension is needed. The Director of Community and 276
Neighborhoods will review and determine if the timeframe and 277
extension are appropriate and whether or not fines shall be stayed 278
during any approved extension. Upon expiration of the extension 279
granted by the Director the property owner shall submit an updated 280
report of then-current operations of the property that demonstrates 281
compliance. 282
b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any 283
noncompliance within 14 days of achieving compliance. Any fine or fee shall 284
17
be assessed from the first identified date that the property is not in 285
compliance. 286
5. The city may contract with another entity for review of the requirements in this 287
section. 288
6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20, 289
except as set forth below in 21A.52.050.E. 290
291
E. Enforcement: Violations of this Chapter, or the restrictive covenant on the property 292
as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to 293
21A.20. The city shall have the additional remedies for violations as set forth below. 294
1. Lien on Property. If the property owner fails to make payment of the outstanding 295
fines, then after 90 days or when fines reach $5,000, the division will issue a 296
statement of outstanding fines. If the property owner fails to make payment within 297
14 days, then the division may certify the fines set forth in the statement to the Salt 298
Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount 299
entered shall have the force and effect of a valid judgment of the district court, is a 300
lien on the property, and shall be collected by the treasurer of the county in which 301
the property is located at the time of the payment of general taxes. Upon payment 302
of the amount set forth in the statement, the judgment is satisfied, the lien is 303
released from the property, and receipt shall be acknowledged upon the general tax 304
receipt issued by the treasurer. 305
2. Revocation of Business License. Upon a determination of the division that the 306
property is in violation of this Chapter the city may suspend or revoke the business 307
license associated with the property. Any suspension or revocation of a license 308
shall not be imposed until a hearing is first held before the Director of Community 309
and Neighborhoods or his/her successor. The licensee shall be given at least 14 310
days’ notice of the time and place of the hearing, together with the nature of the 311
charges against the licensee. The licensee may appear in person or through an 312
officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to 313
confront and cross-examine witnesses. The Director of Community and 314
Neighborhoods shall make a decision based upon the evidence introduced at the 315
hearing and issue a written decision. The licensee may appeal to an appeals 316
hearing officer and thereafter to district court pursuant to 21A.16. If the license is 317
revoked or suspended it shall thereafter be unlawful for any person to engage in or 318
use, or permit to be used any property for any business with respect to which the 319
license has been suspended or revoked until a license shall be granted upon appeal 320
or due to the property’s compliance with this Chapter. No person whose license 321
has been revoked, and no person associated or connected with such person in the 322
conduct of such business, shall be granted a license for the same purpose for a 323
period of six months after the revocation has occurred. The Director may, for good 324
cause, waive the prohibition against persons formerly associated or connected with 325
an individual who has had a license revoked. 326
327
F. Eligibility Standards: Developments shall meet the criteria below to be eligible for 328
the authorized incentives: 329
18
1. Restrictive Covenant Required: 330
a. Any owner who uses the incentives of this chapter shall enter into a 331
legally binding restrictive covenant, the form of which shall be 332
approved by the city attorney. Prior to the issuance of a building 333
permit for construction of a building using the incentives, the 334
restrictive covenant shall be filed with the Salt Lake County Recorder. 335
The agreement shall provide for the following, without limitation: 336
acknowledge the use of the incentives, the nature of the approval and 337
any conditions thereof, the affordability requirements, the terms of 338
compliance with all applicable regulations, shall guarantee compliance 339
for a term of 30 years, and the potential enforcement actions for any 340
violation of the agreement. The agreement shall be recorded on the 341
property with the Salt Lake County Recorder, guarantees that the 342
affordability criteria will be met for at least 30 years, and is 343
transferrable to any future owner. 344
b. For an affordable homeownership unit, a notice of sale shall be 345
provided to the city and the city shall have a right of first refusal to any 346
sale of the property in accordance with a future sales price that is 347
capped to comply with section 21A.52.050.F.2.b.2 below. 348
349
2. The affordable units shall be both income and rent/housing payment 350
restricted. 351
a. Income Restriction - The affordable units shall be made available only 352
to Eligible Households that are qualifying occupants with an annual 353
income at or below the SLC Area Median Income (“AMI”) as 354
applicable for the given affordable unit for Salt Lake City Utah, U.S. 355
Department of Housing and Urban Development (“HUD”) Metro 356
FMR Area (as periodically determined by the HUD and adjusted for 357
household size). 358
b. Rent/Housing Payment Restriction 359
(1) For an affordable rental unit, the monthly rent, including all 360
required housing costs per unit, such as utilities and other 361
charges uniformly assessed to all apartment units other than 362
charges for optional services, shall be set forth in a written 363
lease and shall not exceed, for the term of the lease, the 364
maximum monthly gross rental rate published annually by the 365
Utah Housing Corporation for affordable units located in Salt 366
Lake City for the percentage AMI as applicable for the given 367
affordable unit type. 368
(2) For an affordable homeownership unit, the annualized housing 369
payment, including mortgage principal and interest, private 370
mortgage insurance, property taxes, condominium and/or 371
homeowner's association fees, insurance, and parking, shall not 372
exceed thirty percent (30%) of the maximum monthly income 373
permissible for the AMI as applicable for the given affordable 374
19
unit, assuming a household size equal to the number of 375
bedrooms in the unit plus one person. 376
3. Comparable units: Affordable units shall be comparable to market rate units 377
in the development including entrance location, dispersion throughout the 378
building or site, number of bedrooms (unless otherwise permitted), access to 379
all amenities available to the market rate units in the development, or as set 380
forth in the terms of the restrictive covenant. This section does not apply to 381
units in single- and two-family zoning districts. 382
4. The property owner shall be ineligible for affordable housing incentives 383
pursuant to this Chapter if the property owner or its principals, partners, or 384
agents are under enforcement for any violation of title 11, 18, 20, or 21. 385
386
G. Incentives: Developments are eligible for the incentives identified in this section. 387
Table 21A.52.050.G establishes the affordability requirements based on the zoning 388
district of the property. Sections 1 through 4 establish the modifications allowed 389
within each zoning district in order to be eligible for the affordability incentives. To 390
use the incentives, developments shall comply with the criteria applicable to the base 391
zoning districts. 392
Table 21A.52.050.G 393
Incentive Types
Types Incentive
Type A. Applicable to the single- and
two-family zoning districts: FR-1,
FR-2, FR-3, R-1/12,000, R-1/7,000,
R-1/5,000, R-2, SR-1, SR-1A, and
SR-3.
Dwelling units shall meet the requirements for an
affordable rental or homeownership unit affordable to
those with incomes at or below 80% AMI.
New construction: At least 50% of the provided
dwelling units shall be affordable.
Existing building maintained: A minimum of one of
the dwelling units shall be affordable provided the
existing building is maintained as required in
21A.52.050.H.1.c.
Type B. Applicable to residential
multifamily zoning districts: RMF-
30, RMF-35, RMF-45, and RMF-75
An affordable rental unit shall meet a minimum of at
least one of the following affordability criteria:
1. 40% of units shall be affordable to those with
incomes at or below 60% AMI;
2. 20% of units shall be affordable to those with
incomes at or below 50% AMI; or
3. 40% of units shall be affordable to those with
incomes averaging no more than 60% AMI
and these units shall not be occupied by those
with an income greater than 80% AMI.
For sale owner occupied units: An affordable
homeownership unit shall provide a minimum of 50%
of units affordable to those with incomes at or below
80% AMI.
20
Type C. Applicable to zoning
districts not otherwise specified.
Affordable rental or homeownership units shall meet
a minimum of at least one of the affordability criteria
identified. Any fractional number of units required
shall be rounded up to the nearest whole number.
1. 20% of units are restricted as affordable to
those with an income at or below 80% AMI;
2. 10% of units are restricted as affordable to
those with an income at or below 60% AMI;
3. 10% of units are restricted as affordable to
those with an average income at or below 60%
AMI and these units shall not be occupied by
those with an income greater than 80% AMI;
4. 5% of units are restricted as affordable to
those with an income at or below 30% AMI;
5. 10% of units are restricted as affordable to
those with an income at or below 80% AMI
when the affordable units have two or more
bedrooms;
6. 5% of units are restricted as affordable to
those with an income at or below 60% AMI
when the affordable units have two or more
bedrooms; or
7. 5% of the units are restricted as affordable to
those with an income at or below 80% AMI
when the affordable units have three or more
bedrooms.
394
1. Single- and Two-Family Zoning Districts: The following housing types: twin 395
home and two-family, three-family dwellings, four-family dwellings, row houses, 396
sideways row houses, and cottage developments are authorized in the FR-1, FR-2, 397
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning 398
districts provided the affordability requirements in for Type A in Table 399
21A.52.050.G are met. 400
2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying 401
provisions for density found in the minimum lot area and lot width tables for 402
the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the 403
RMF-30 zoning district, the minimum lot size per dwelling unit does not apply, 404
provided the affordability requirements for Type B in Table 21A.52.050.G are 405
met. 406
3. Incentives in the CB Community Business, CC Corridor Commercial, CG 407
General Commercial, and I Institutional Zoning Districts: 408
a. The following housing types: row houses, sideways row houses, and 409
cottage developments are authorized in zoning districts provided the 410
affordability requirements in subsection b. are complied with; 411
21
b. To be eligible for the incentives listed in this section, a development 412
shall meet the affordability requirements for Type C in Table 413
21A.52.050.G. 414
415
4. The following incentives are authorized in zoning districts provided the 416
affordability requirements for Type C in Table 21A.52.050.G are complied with: 417
a. Administrative design review provided the noticing requirements of 418
21A.10.020.B and the standards in 21A.59 are met. Early engagement 419
notice requirements to recognized organizations are not applicable. 420
b. Additional building height as indicated in the following sections: 421
(1) Residential districts: 422
Zoning
District
Permitted Maximum Height with Incentive
RMU-35 45’ with administrative Design Review, regardless of abutting use or zone.
RMU-45 55’ with administrative Design Review, regardless of abutting use or zone.
RB May build one additional story equal to or less than the average height of the
other stories in the building. Density limitations listed in the land use table do
not apply.
RMU May build three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
RO May build one additional story equal to or less than the average height of the
other stories in the building.
423
(2) Commercial Districts: 424
425
Zoning
District
Permitted Maximum Height with Incentive
SNB May build one additional story equal to or less than the average height of the
other stories in the building.
CB May build one additional story equal to or less than the average height of the
other stories in the building.
CN May build one additional story equal to or less than the average height of the
other stories in the building.
CC 45’ with administrative Design Review; additional landscaping may be met by
meeting requirements in 21A.52.050.H.3.c.5.
CG May build two additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
May build three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review for properties
in the mapped area in Figure 21A.26.070.G.
CSHBD1 105’ and two additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
CSHBD2 60’ with administrative Design Review and one additional story equal to or less
than the average height of the other stories in the building with administrative
Design Review.
22
TSA-
Transition
May build one additional story equal to or less than the average height of the
other stories in the building with administrative review.
TSA-Core May build two additional stories equal to or less than the average height of the
other stories in the building with administrative review.
426
427
(3) Form-based districts: 428
[Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to 429
Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] 430
Zoning
District
Permitted Maximum Height with Incentive
FB-UN3 125’ and three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
FB-UN2 May build one additional story equal to the average height of the other stories in
the building.
FB-SC May build one additional story equal to the average height of the other stories in
the building.
FB-SE May build one additional story equal to the average height of the other stories in
the building.
FB-UN1 May build up to three stories and 30’ in height.
431
[Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant 432
to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should 433
be codified.] 434
435
Zoning
District
Permitted Maximum Height with Incentive
FB-UN2 May build one additional story equal to the average height of the other stories
in the building.
FB-SC May build one additional story equal to the average height of the other stories
in the building.
FB-SE May build one additional story equal to the average height of the other stories
in the building.
FB-UN1 May build up to three stories and 30’ in height.
436
(4) Downtown districts: 437
438
439
Zoning
District
Permitted Maximum Height with Incentive
D-1 Administrative Design Review is permitted when a Design Review process is
required.
D-2 Two additional stories equal to or less than the average height of the other stories
in the building with administrative Design Review.
D-3 Three additional stories equal to or less than the average height of the other
stories in the building with administrative Design Review.
23
D-4 Three additional stories equal to or less than the average height of the stories
permitted with administrative Design Review. 375’ and administrative Design
Review in mapped area in 21A.30.045.E.2.b.
440
(5) Other districts: 441
442
Zoning
District
Permitted Maximum Height with Incentive
GMU Two additional stories equal to or less than the average height of the other
stories in the building with administrative Design Review.
MU 60’ with residential units and administrative Design Review.
443
c. Administrative Design Review is permitted for the following: 444
(6) Buildings in the CSHBD1 and CSHBD2 zoning district 445
that exceed 20,000 square feet in size. 446
(7) Buildings in the CB zoning district that exceed 7,500 447
gross square feet of floor area for a first-floor footprint or 448
in excess of 15,000 gross square feet floor area. 449
450
5. Planned Developments: A Planned Development is not required when the purpose 451
of the planned development is due to the following reasons cited below, subject to 452
approval by other city departments. If a development proposes any modification 453
that is not listed below, planned development approval is required. To be eligible 454
for the incentives in this section, a development shall meet the affordability 455
requirements for the applicable zoning district in Table 21A.52.040. 456
a. Multiple Buildings on a Single Parcel: More than one principal 457
building may be located on a single parcel and are allowed without 458
having public street frontage. This allowance supersedes the 459
restrictions of 21A.36.010.B; 460
b. Principal buildings with frontage on a paved public alley; 461
c. Principal buildings with frontage on a private street; 462
d. Development located in the Community Shopping (CS) “Planned 463
Development Review” in 21A.26.040.C. 464
465
H. Development Regulations: The following development regulations are intended to 466
provide supplemental regulations and modify standards of the base zoning district for 467
the purpose of making the affordable housing incentives more feasible and 468
compatible with existing development. Base zoning standards apply unless 469
specifically modified by this section and are in addition to modifications authorized in 470
subsection 21A.52.050.G. If there are conflicts with design standards, the more 471
restrictive regulation shall apply and take precedence. These standards are not 472
allowed to be modified through the planned development process. 473
1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, 474
SR-1, SR-1A, and SR-3 zoning districts: 475
a. Parking: Unless there is a lesser parking requirement in 21A.44, only 476
one off-street parking space per unit is required. One detached garage 477
24
or covered parking space, no greater than 250 sq. ft. per unit, may be 478
provided for each unit and these structure(s) may exceed the yard and 479
building coverage requirements for accessory structures. When 480
covered parking is provided, the 250 sq. ft. per unit of covered parking 481
may be combined into a single structure for each required parking stall 482
provided. 483
b. Yards: Minimum required yards shall apply to the perimeter of the 484
development and not to the individual principal buildings within the 485
development. 486
c. Density: 487
(1) Lots approved through a planned development prior to the 488
effective date of this chapter are required to go through a major 489
modification of the planned development to use the incentives. 490
(2) Lots may contain up to four units. Existing lots may be 491
divided such that each unit is on its own lot. The new lots are 492
exempt from minimum lot area, lot width, and lot frontage 493
requirements. 494
(3) An accessory dwelling unit (ADU) is considered one unit and 495
counts toward the number of units permitted. 496
(4) Arrangement of dwellings: 497
(A) New dwelling units may be arranged in any manner 498
within a building, as a second detached dwelling, as 499
attached units, or a cottage development with three or 500
more detached dwellings, within the buildings that are 501
part of the cottage development. 502
(B) When an existing building is maintained, new units 503
may be added internal to the existing structure, as an 504
addition, or as a second detached dwelling. Any 505
addition must comply with the standards of the base 506
zoning district; however, the addition may contain 507
additional units. 50% of the exterior walls of the 508
existing dwelling, including the front elevation, shall 509
remain as exterior walls. 510
(C) The units shall comply with this section, applicable 511
requirements of the base zoning district, and any 512
applicable overlay district. 513
514
2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the 515
following provisions shall apply: 516
a. Unit Mix: No more than 25% of the units in the development shall be 517
less than 500 square feet to promote a mix of unit sizes. 518
b. Parking: Unless there is a lesser parking requirement in 21A.44, only 519
one off-street parking space per unit is required in multifamily 520
developments with less than 10 units. 521
25
c. Yards: The minimum required yards shall apply to the perimeter of the 522
development and not to the individual principal buildings within the 523
development. 524
d. Lot width: Minimum lot width requirements do not apply. 525
526
3. In addition to applicable requirements in 1. and 2. above, the following provisions 527
apply to the specific building types listed: 528
a. Row house and Sideways row house 529
(1) Perimeter yard requirements: 530
(A) Front yards: The front yard and corner side yard of 531
the base zoning district apply. 532
(B) Side yards: A minimum of 10 feet on one side of the 533
building and 6 feet on the other interior side yard 534
unless a greater yard is required by the base zoning 535
district 536
(C) Rear yard: The rear yard of the base zoning district 537
applies. 538
(2) Number of Units: To qualify for incentives in the FR-1, FR-2, 539
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-540
1A zoning districts there is a minimum of three and a 541
maximum of four residential dwelling units per building. 542
(3) Building length facing street: 543
(A) The building length shall not exceed 60 feet or the 544
average of the block face, whichever is less, in FR-1, 545
FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R-546
2, SR-1, and SR-1A districts; 547
(B) The building length shall not exceed 100 feet in the 548
RMF-30, RMF-35, RMF-45 and RMF-75 districts; 549
and 550
(C) The building length shall not exceed 175 feet in other 551
zoning districts. 552
(4) Building entry facing street: At least one operable building 553
entrance on the ground floor is required for each unit facing 554
the primary street facing façade. All units adjacent to a 555
public street shall have the primary entrance on the street 556
facing façade of the building with an unenclosed entry porch, 557
canopy, or awning feature. The entry feature may encroach in 558
the front yard setback, but the encroachment shall not be 559
closer than 5 feet from the front property line. 560
(5) Building materials: 50% of any street facing facade shall be 561
clad in durable materials. Durable materials include stone, 562
brick, masonry, textured or patterned concrete, and fiber 563
cement board. Other materials may be used for the remainder 564
of the facade adjacent to a street. Other materials proposed to 565
satisfy the durable requirement may be approved at the 566
discretion of the Planning Director if it is found that the 567
26
proposed material is durable and is appropriate for the 568
structure. 569
(6) Parking requirement and location: Unless there is a lesser 570
parking requirement in 21A.44, only one off-street parking 571
space per unit is required. All provided parking shall be 572
located to the side of the street facing building façade, behind 573
a principal structure that has frontage on a street, or within 574
the principal structure subject to any other applicable 575
provision. 576
(7) Garage doors facing street: Garage doors are prohibited on 577
the façade of the building that is parallel to, or located along, 578
a public street. 579
(8) Personal outdoor space: Each unit shall have a minimum 580
outdoor space of 60 square feet where the minimum 581
measurement of any side cannot be less than 6 feet. 582
(9) Glass: The surface area of the façade of each floor facing a 583
street must contain a minimum of 15% glass. 584
(10) Blank wall: The maximum length of any blank wall 585
uninterrupted by windows, doors, or architectural detailing at 586
the ground floor level along any street facing façade is 15’. 587
(11) Screening of mechanical equipment: All mechanical 588
equipment shall be screened from public view and sited to 589
minimize their visibility and impact. Examples of siting 590
include on the roof, enclosed or otherwise integrated into the 591
architectural design of the building, or in a rear or side yard 592
area subject to yard location restrictions found in section 593
21A.36.020, table 21A.36.020B, “Obstructions In Required 594
Yards” of this title. 595
596
Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House 597
598 Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House 599
27
600
b. Cottage Development 601
(1) Perimeter yard requirements: 602
(A) Front yards: The front yard and corner side yard of the 603
base zoning district apply. 604
(B) Side yards: A minimum of 10 feet on one side of the 605
property line and 6 feet on the other interior side yard, 606
unless a greater yard is required by the base zoning 607
district. 608
(C) Rear yard: The rear yard of the base zoning district 609
applies. 610
(2) Setbacks Between Individual Cottages: All cottages shall have 611
a minimum setback of eight feet from another cottage. 612
(3) Area: No cottage shall have more than 850 square feet of gross 613
floor area, excluding basement area. There is no minimum 614
square foot requirement. 615
(4) Building Entrance: All building entrances shall face a public 616
street or a common open space. 617
(5) Building materials: 50% of any street facing facade shall be 618
clad in durable materials. Durable materials include stone, 619
brick, masonry, textured or patterned concrete, and fiber 620
cement board. Other materials may be used for the remainder 621
of the facade adjacent to a street. Other materials proposed to 622
satisfy the durable requirement may be approved at the 623
discretion of the Planning Director if it is found that the 624
28
proposed material is durable and is appropriate for the 625
structure. 626
(6) Open Space: A minimum of 250 square feet of common, open 627
space is required per cottage. At least 50% of the open space 628
shall be in a courtyard or other common, usable open space. 629
The development shall include landscaping, walkways or other 630
amenities intended to serve the residents of the development. 631
(7) Personal Outdoor Space: In addition to the open space 632
requirement in this section, a minimum of 120 square feet of 633
private open space is required per cottage. The open space 634
shall provide a private yard area for each cottage and will be 635
separated with a fence, hedge, or other visual separation to 636
distinguish the private space. 637
(8) Parking: Unless there is a lesser parking requirement in 638
21A.44, one off-street parking space per unit is required. All 639
provided parking shall be located to the side of a street facing 640
building façade, behind a principal structure that has frontage 641
on a street, or within the principal structure subject to any other 642
applicable provision. 643
c. In addition to applicable requirements in 21A.52.050.H above, the 644
following provisions apply to all other buildings containing more than two 645
residential units. If the base zone has a greater design standard 646
requirement, that standard applies. 647
(1) Perimeter yard requirements: 648
(A) Front yards: The front yard and corner side yard 649
setback of the base zoning district apply. 650
(B) Side yards: For housing types not otherwise allowed in 651
the zoning district, a minimum of 10 feet on each side 652
property line, unless a greater setback is required for 653
single-family homes. 654
(C) Rear yards: The rear yard of the base zoning district 655
applies. 656
(2) Building entrances: The ground floor shall have a primary 657
entrance on the street facing façade of the building with an 658
unenclosed entry porch, canopy, or awning feature. Stairs to 659
second floor units are not permitted on street facing elevations. 660
(3) Glass: The surface area of the façade of each floor facing a 661
street must contain a minimum of 15% glass. 662
(4) Building materials: 50% of any street facing facade shall be 663
clad in durable materials. Durable materials include stone, 664
brick, masonry, textured or patterned concrete, and fiber 665
cement board. Other materials may be used for the remainder 666
of the facade adjacent to a street. Other materials proposed to 667
satisfy the durable requirement may be approved at the 668
discretion of the Planning Director if it is found that the 669
29
proposed material is durable and is appropriate for the 670
structure. 671
(5) Open space: Open space area may include landscaped yards, 672
patios, dining areas, and other similar outdoor living spaces. 673
All required open space areas shall be accessible to all 674
residents or users of the building. 675
(A) Single- and two-family zoning districts: 120 sq. ft. of 676
open space with a minimum width of 6 ft. shall be 677
provided for each building with a dwelling. 678
(B) All other zoning districts: A minimum of 10% of the 679
land area within the development shall be open space, 680
up to 5,000 square feet. Open space may include 681
courtyards, rooftop and terrace gardens and other 682
similar types of open space amenities. All required 683
open space areas shall be accessible to all residents or 684
users of the building. 685
d. Single- and Two-family Dwellings: No additional design standards except 686
as identified in 21A.24. 687
e. Unit Limits: For overall development sites with more than 125 units, no 688
more than 50% of units shall be designated as affordable units. 689
f. Lots without public street frontage may be created to accommodate 690
developments without planned development approval subject to the 691
following standards: 692
(1) Required yards shall be applied to the overall development 693
site not individual lots within the development. The front and 694
corner yards of the perimeter shall be maintained as landscaped 695
yards; 696
(2) Lot coverage shall be calculated for the overall development 697
not individual lots within the development; and 698
(3) Required off street parking stalls for a unit within the 699
development are permitted on any lot within the development. 700
(4) The subdivision shall be finalized with a final plat and the final 701
plat shall document that the new lot(s) has adequate access to a 702
public street by way of easements or a shared driveway or 703
private street; and 704
(5) An entity, such as a homeowner association, must be 705
established for the operation and maintenance of any common 706
infrastructure. Documentation establishing that entity must be 707
recorded with the final plat. 708
709
SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That 710
Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose 711
Statements) shall be and hereby is amended to read as follows: 712
30
1. At least twenty percent (20%) of the housing must be for those with incomes that are at 713
or below eighty percent (80%) of the area median income. Affordable housing that meets 714
the requirements of 21A.52.050. 715
716
SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 717
21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 718
hereby is amended to add the following terms in the list of defined terms to be inserted into that list 719
in alphabetical order: 720
Affordable Housing 721
Affordable Housing Incentives Development 722
Dwelling, Three-family 723
Dwelling, Four-family 724
Dwelling, Row House 725
Dwelling, Sideways Row House 726
Dwelling, Cottage Development 727
728
SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That 729
Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall 730
be and hereby is amended as follows: 731
a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of 732
“AFFORDABLE HOUSING” be added and inserted into the list of definitions in 733
alphabetical order and read as follows: 734
AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable, 735
rent-restricted. The affordable units shall be made available only to individuals and 736
households that are qualifying occupants at or below the applicable percentage of the area 737
median income for the Salt Lake City Utah, U.S. Department of Housing and Urban 738
Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as 739
periodically determined by HUD and adjusted for household size) and published by the Utah 740
Housing Corporation, or its successor. Affordable (30% of gross income for housing costs, 741
including utilities) housing units must accommodate at least one of the following categories: 742
a. Extremely Low-Income Affordable Units: Housing units accommodating up to 743
30% AMI; 744
b. Very Low-Income Affordable Units: Housing units accommodating up to greater than 745
30% and up to 50% AMI; or 746
31
c. Low-Income Affordable Units: Housing units accommodating greater than 50% and 747
up to 80% AMI. 748
749
b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES 750
DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES 751
DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order 752
and read as follows: 753
AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that 754
meets the criteria in 21A.52.050. 755
756
c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of 757
“DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in 758
alphabetical order and read as follows: 759
DWELLING, THREE-FAMILY: A detached building containing three dwelling units. 760
d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of 761
“DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in 762
alphabetical order and read as follows: 763
DWELLING, FOUR-FAMILY: A detached building containing four dwelling units. 764
e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of 765
“DWELLING, ROW HOUSE” be added and inserted into the list of definitions in 766
alphabetical order and read as follows: 767
DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least 768
one common wall with an adjacent dwelling unit and where the entry of each unit faces a 769
public street. Units may be stacked vertically and/or attached horizontally. Each attached unit 770
may be on its own lot. 771
f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition 772
of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of 773
definitions in alphabetical order and read as follows: 774
32
DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that 775
share at least one common wall with an adjacent dwelling unit and where the entry of each 776
unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or 777
attached horizontally. Each attached unit may be on its own lot. 778
g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the 779
definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into 780
the list of definitions in alphabetical order and read as follows: 781
DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified 782
development that contains a minimum of two and a maximum of eight detached dwelling 783
units with each unit appearing to be a small single-family dwelling with a common green or 784
open space. Dwellings may be located on separate lots or grouped on one lot. 785
786
SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee 787
Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the 788
attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule 789
shall be published on the official Salt Lake City website. 790
SECTION 21. Effective Date. This Ordinance shall become effective on the date of its first 791
publication. 792
Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2023. 793
794
______________________________ 795
CHAIRPERSON 796
ATTEST: 797
798
______________________________ 799
CITY RECORDER 800
801
802
803
804
33
805
Transmitted to Mayor on _______________________. 806
807
808
Mayor’s Action: _______Approved. _______Vetoed 809
810
811
______________________________ 812
MAYOR 813
814
______________________________ 815
CITY RECORDER 816
817
(SEAL) 818
819
Bill No. ________ of 2023. 820
Published: ______________. 821
Ordinance creating zoning incentives and affordable housing incentives 822
823
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
34
EXHIBIT A 824
825
826
Service Fee Additional Information Section
Affordable Housing Incentives Fines
Noncompliance violation $100/affordable
unit/day
Plus rental difference 21A.20.040.B
827
2. CHRONOLOGY
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
PROJECT CHRONOLOGY
Petition: PLNPCM2019-00658
July 15, 2019 Petition initiated by Mayor Jackie Biskupski
July 15, 2019 Petition assigned to Sara Javoronok
December 3, 2019 First survey posted. Notice emailed to listserv and posted on social media
accounts.
June 25, 2020 Notice mailed to all Community Councils.
June 26, 2020 StoryMap with framework for proposal and survey posted. Notice
emailed to listservs and posted on city social media accounts.
July 9, 2020 Planning staff held an AMA/Q&A discussion on Facebook Live.
July 20, 2020 Planning staff discussed the proposal at the Sugar House Land Use and
Zoning meeting.
August 6, 2020 Planning staff discussed the proposal at the Ball Park Community Council
meeting.
January 28, 2022 Project website updated and Project Update notice emailed to listservs.
February 16, 2022 Planning staff held a second AMA/Q&A on Facebook Live.
March 3, 2022 Second notice mailed to all Community Councils. Planning staff met with
seven Community Councils in March and April 2022.
March 16, 2022 Planning staff discussed the proposal at the East Bench Community
Council meeting.
March 21, 2022 Planning staff discussed the proposal at the Sugar House Land Use
Committee meeting.
April 2022 Flyer mailed to 99,832 commercial and residential addresses in Salt Lake
City and owners outside of the city.
April 5, 2022 Open House held at Sugar House Fire Station #3.
April 5, 2022 Planning staff hosted Virtual Office Hours on an open Zoom meeting to
answer questions.
April 7, 2022 Planning staff discussed the proposal at the Ball Park Community Council
meeting.
April 12, 2022 Open House held at the Unity Center
April 13, 2022 Planning staff discussed the proposal at the Jordan Meadows/Westpointe
Community Council meeting.
April 14, 2022 Planning staff hosted Virtual Office Hours on an open Zoom meeting to
answer questions.
April 14, 2022 Planning staff discussed the proposal at the Yalecrest Community Council
meeting.
April 19, 2022 Open House held at Riverside Park
April 21, 2022 Open House held at Lindsey Gardens Park
April 29, 2022 Planning Commission agenda posted to the website and notice emailed to
listserv.
May 4, 2022 Planning staff discussed the proposal at the Greater Avenues Community
Council meeting
May 6, 2022 Staff report posted to Planning’s website
May 11, 2022 Planning Commission Meeting and Public Hearing. The item was tabled.
October 25, 2022 First of four Focus Group Meetings
March 16, 2023 Planning staff discussed the proposal at the Salt Lake City Community
Network meeting.
March 22, 2023 Planning Commission Briefing
March 29, 2023 Planning Commission Work Session
April 6, 2023 Historic Landmark Commission Work Session
April 14, 2023 Planning Commission agenda posted to the website and notice emailed to
the listserv.
April 21, 2023 Staff report posted to Planning’s website
April 26, 2023 Planning Commission forwards a positive recommendation to the City
Council
3. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2019-00658 – A petition initiated
by former Mayor Jackie Biskupski to amend the Salt Lake City Zoning Code to add a new
chapter with Affordable Housing Incentives. The proposed amendments are to incentivize and
reduce barriers for affordable housing. The incentives include administrative Design Review and
additional building height in various zoning districts, Planned Development requirement
modifications, removal of the density requirements in the RMF zoning districts, and additional
dwelling types in various zoning districts. The proposed amendments involve multiple chapters
of the Zoning Ordinance. Related provisions of Title 21A Zoning amended as part of this
petition. The changes would apply Citywide. The City Council may consider modifications to
other related sections of the code as part of this proposal.
DATE: Date #1 and Date #2
TIME: 7:00 p.m.
All persons interested and present will be given an opportunity to be heard in this matter.
his meeting will be held via electronic means, while potentially also providing for an in
person opportunity to attend or participate in the hearing at the City and County
Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. If you are
interested in participating during the Public Hearing portion of the meeting, please visit the
website www.slc.gov/council/virtual-meetings/ or call 801-535-7654 to obtain connection
information.
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
Sara Javoronok at 801-535-7625 between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday or via e-mail sara.javoronok@slcgov.com. The application details can be
accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the
petition number PLNPCM2019-00658 or on the project page at
https://www.slc.gov/planning/2023/03/08/affordable-housing/.
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.
4. PETITION
INITIATION REQUEST
5. ADDITIONAL DEPARTMENT COMMENTS
Kristeen Beitel, Public Utilities
When weighing increased densification as an incentive for affordable housing, it is important for
applicants to consider the potential increase in construction costs resulting from required offsite
utility improvements. Densification may place greater demands on water, sewer, and storm
drain systems, which could exceed the capacity of the existing infrastructure. Property owners
and developers may be required to upgrade the offsite public utilities to ensure sufficient
capacity for the new developments.
6. PUBLIC COMMENT RECEIVED AFTER
PLANNING COMMISSION STAFF REPORT
POSTED
Caution: This is an external email. Please be cautious when clicking links or opening attachments.
From:Clark, Aubrey
To:Turner Bitton; Planning Public Comments
Subject:RE: (EXTERNAL) Supportive Comments for Affordable Housing Incentives Public Hearing
Date:Wednesday, April 26, 2023 5:58:07 PM
Attachments:image001.png
Turner,
Thank you for submitting your comments. I have forwarded it to the Planning Commission, and it
will be shared during the public hearing.
Thanks,
Aubrey Clark | (She/Her/Hers)
Administrative Assistant
PLANNING DIVISION | SALT LAKE CITY CORPORATION
Direct: (801) 535-7759 or Mobile: (385) 415-4701
Email: Aubrey.Clark@slcgov.com
WWW.SLC.GOV/PLANNING WWW.SLC.GOV
Disclaimer: The Planning Division strives to give the best customer service possible and to respond to questions as accurately
as possible based upon the information provided. However, answers given at the counter and/or prior to application are not
binding and they are not a substitute for formal Final Action, which may only occur in response to a complete application to
the Planning Division. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest
any property with development rights.
From: Turner Bitton
Sent: Wednesday, April 26, 2023 5:52 PM
To: Planning Public Comments <planning.comments@slcgov.com>
Subject: (EXTERNAL) Supportive Comments for Affordable Housing Incentives Public Hearing
Hello,
I had planned to attend tonight’s planning commission digitally but learned that there is no longer a digital
attendance option and I’m at Disneyland so I can’t make it. I wanted to make sure that our support for the
Affordable Housing Incentives was formally submitted. In addition to our formal support, I would like to submit
this statement for the record:
“SLC Neighbors for More Neighbors supports the Affordable Housing Incentives, however based on
estimates in the current proposal, we are concerned that projects in single-family neighborhoods will not
be financially viability. If the city is serious about promoting the construction of more housing in high-
opportunity single-family neighborhoods, some of the current conditions that make those projects
financially unfeasible should be removed.
The Scenarios in Attachment G show that there is virtually no economic incentive for market rate
developers to pursue the AHI’s. However, it has the potential to add more affordable units on SELECT
projects that are already pursuing LIHTC’s
Especially in multi-family districts, density bonuses need to take into account building code requirements,
for example that the maximum number of stories that can be built with a wood-frame structure is five. If
the density bonus provided forces builders to use a steel-frame construction technique, the economic
benefits of an extra floor of apartments does not overcome the extra cost of using expensive construction
materials.
In addition, to make the incentives more functional, the incentives should be changed to:
1) Allow lots to be split and to allow for the sale of separate units.
2) Eliminate ALL parking requirements for projects that meet the threshold for the incentives. This would
make many projects more affordable, especially in higher density zones.
3) In multi-family districts near rail transit, the incentives in terms of FAR (floor area ratio) and height limits
should be much stronger to (a) make more projects financially viable and (b) locate more residents and
businesses near rail.
Overall, the incentives should be increased to find a broader mix of incentives that produce positive results
for market rate developers considering adding affordable units to projects.”
Thanks,
Turner C. Bitton (he/him)
Executive Director
SLC Neighbors for More Neighbors
www.slcneighbors.org