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HomeMy WebLinkAboutTransmittal - 8/8/2023ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL Lis (Aug 8, 2023 16:33 MDT) Lisa Shaffer, Chief Administrative Officer Date Received: 08/08/2023 Date sent to Council: 08/08/2023 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(d),slc og v.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. 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 • 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. • Jules- 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/ Vestpointe 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 SALT LAKE CITY ORDINANCE No. of 2023 (An ordinance amending various sections of the Title 2 1 A of the Salt Lake City Code establishing a chapter for zoning incentives and adding affordable housing incentives) An ordinance amending various sections of Title 2 1 A 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 2 1 A 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: 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-115,000 Single-family Residential District) shall be and hereby is amended to read as follows: 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.24.1 I O.A. That Subsection 21A.24.1 IO.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 21 A.24.170.F. That Subsection 21A.24.170.17 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 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.27.040.0 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 Greenway Minimum of 5 ft. Maximum of 15 ft. side yard setback 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 e 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 elow. L[Minimum lot size V,000 s . ft.; not to be used to calculate density. 4 W Minimum lot width 50 ft. DU Dwellingunits 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 2IA. 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: Use Permitted And Conditional Uses By District FR-1/ FR-2/ FR-3/ R-l/ R-l/ R-1/ SR- SR- SR- R- RMF- RMF- RMF- RMF- RB R- R- R- RO 43,560 21,780 12,000 12,000 7,000 5,000 1 2 3 2 30 35 45 75 MU- MU- MU 35 45 Affordable P P P P P P P P P P P P P P P P P P Housing Incentives Development 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: Use Permitted and Conditional Uses by District CN CB CS' CC CSHBD1 CG SNB Affordable P P P P P P P Housing Incentives Development 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: 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 10 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: 11 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 P Housing Incentives Development 12 SECTION 15. Amendinfz 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-UN I 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: 13 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.10.020.13.1. 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 30ffi 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: 14 2 3 2 (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. Review of Annual Report: The Director of Community and Neighborhoods shall review the report to determine if the report is complete. 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. 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 15 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: 16 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 17 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 Dwelling units shall meet the requirements for an two-family zoning districts: FR-1, affordable rental or homeownership unit affordable to FR-2, FR-3, R-1/12,000, R-1/7,000, those with incomes at or below 80% AMI. R-115,000, R-2, SR-1, SR -IA, and New construction: At least 50% of the provided SR-3. 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.I.c. Type B. Applicable to residential An affordable rental unit shall meet a minimum of at multifamily zoning districts: RMF- least one of the following affordability criteria: 30, RMF-35, RMF-45, and RMF-75 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. 18 Type C. Applicable to zoning Affordable rental or homeownership units shall meet districts not otherwise specified. 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. 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-lA, 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. 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; 19 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 Permitted Maximum Height with Incentive District 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 Permitted Maximum Height with Incentive District 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 meetin 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. CSHBD 1 105' 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. 20 TSA- May build one additional story equal to or less than the average height of the Transition 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 Permitted Maximum Height with Incentive District 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 Permitted Maximum Height with Incentive District 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 Permitted Maximum Height with Incentive District 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. 21 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 Permitted Maximum Height with Incentive District 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 CSHBDI 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. 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 -IA, 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 22 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. 23 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 - IA 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-l/12,000, R-1/7,000, R-115,000, R- 2, SR-1, and SR-lA 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 facade. All units adjacent to a public street shall have the primary entrance on the street facing facade 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 24 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 facade, 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 facade 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 facade 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 facade 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 R 6' 10' H S H S �F Units on separate lots R �R �R 6' i 10' E 3 S E 3 S �F F �F Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House 25 �R H H S S �F Units on separate lots 6' �R 10' H S 6' HH E 3 S 10' H S 10' S 6' E 3 S E 3 S �F 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 26 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 facade, 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 facade 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 facade 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 27 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: 28 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 e 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. 29 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 30 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. ATTEST: CITY RECORDER CHAIRPERSON 31 Transmitted to Mayor on Mayor's Action: Approved. Vetoed CITY RECORDER (SEAL) Bill No. of 2023. Published: MAYOR APPROVED AS TO FORM Salt Lake City Attorney's Office Date: July 7, 2023 ooeBy: wL Katherine D. Pasker, Senior City Attorney Ordinance creating zoning incentives and affordable housing incentives II II 32 EXHIBIT A Service Fee Additional Information Section Affordable Housing Incentives Fines Noncompliance violation $100/affordable Plus rental difference 21A.20.040.B unit/day 33 1 2 3 4 5 6 7 8 0 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 2 1 A of the Salt Lake City Code pursuant to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing 10 incentives. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 2 1 A 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: 1 27 A. If the violations are not corrected by the citation deadline, civil fines shall accrue at 28 twenty five dollars ($25.00) a day per violation for those properties legally used for 29 purposes that are solely residential uses, and one hundred dollars ($100.00) a day per 30 violation for those properties used for purposes that are not residential uses. 31 B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected b. the 32 citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule 33 per day_per violation. If the violation(s) include renting an affordable rental unit in excess 34 of the approved rental rate then an additional monthly fine shall accrue that is the 35 difference between the market rate of the unit and the approved rental rate that is agreed 36 to by the applicant at the time of approval for a project using the incentives. 37 38 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That 39 Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000 40 Single-family Residential District) shall be and hereby is amended to read as follows: 41 A. Purpose Statement: The purpose of the R-1/12,000 Single -Family Residential District is 42 to provide for eenveHliena single-family residential dwellings and affordable housing 43 incentives developments with up to four units on lots 44 twelve thousand (12,000) square feet in size or larger. This district is appropriate in areas 45 of the City as identified in the applicable community Master Plan. Uses are intended to be 46 compatible with the existing scale and intensity of the neighborhood. The standards for 47 the district are intended to provide for safe and comfortable places to live and play, 48 promote sustainable and compatible development patterns and to preserve the existing 49 character of the neighborhood. 50 51 SECTION 3. Amending the text of Salt Lake City Code Subsection 2 1 A.24.060.A. That 52 Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000 53 Single-family Residential District) shall be and hereby is amended to read as follows: 54 A. Purpose Statement: The purpose of the R-1/7,000 Single -Family Residential District is to 55 provide for eenven4ion ' single-family residential dwellings and affordable housing 56 incentives developments with up to four units on lots not 57 less than seven thousand (7,000) square feet in size. This district is appropriate in areas of 58 the City as identified in the applicable community Master Plan. Uses are intended to be 59 compatible with the existing scale and intensity of the neighborhood. The standards for 60 the district are intended to provide for safe and comfortable places to live and play, 61 promote sustainable and compatible development patterns and to preserve the existing 62 character of the neighborhood. 1N •E 65 SECTION 4. Amending the text of Salt Lake Citv Code Subsection 21A.24.070.A. That Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-115,000 Single-family Residential District) shall be and hereby is amended to read as follows: 67 A. Purpose Statement: The purpose of the R-115,000 Single -Family Residential District is to 68 provide for eenven4ion ' single-family residential dwellings and affordable housing 69 incentives developments with up to four units on lots not 70 less than five thousand (5,000) square feet in size. This district is appropriate in areas of 71 the City as identified in the applicable community Master Plan. Uses are intended to be 72 compatible with the existing scale and intensity of the neighborhood. The standards for 73 the district are intended to provide for safe and comfortable places to live and play, 74 promote sustainable and compatible development patterns and to preserve the existing 75 character of the neighborhood. We 77 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That 78 Subsection 21A.24.1 IO.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and 79 Two-family Residential District) shall be and hereby is amended to read as follows: 80 A. Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District 81 is to preserve the character of existing 82 neighborhoods which exhibit a mix of predominantly single- and two-family dwellings 83 by eefAfelling the eeneen4atien of two family dwelling tmi . Uses are intended to be 84 compatible with the existing scale and intensity of the neighborhood. The standards for 85 the district are intended to provide for safe and comfortable places to live and play and to 86 promote sustainable and compatible development patterns. 87 88 SECTION 6. Amending the text of Salt Lake Citv Code Subsection 21A.24.170.F. That 89 Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU 90 Residential/Mixed Use District) shall be and hereby is amended to read as follows: 91 F. Maximum Building Height: The maximum building height shall not exceed seventy five 92 feet (75% except that nonresidential buildings and uses shall be limited by subsections F1 93 and F2 of this section. Buildings taller than seventy five feet (75 „ to ^ of 94 ', may be authorized through the desig eess 95 , that the proposed height is 10eated withi 96 ' 98 1. Maximum height for nonresidential buildings: Forty five feet (45'). 99 2. Maximum floor area coverage of nonresidential uses in mixed use 100 buildings of residential and nonresidential uses: Three (3) floors. 101 3. One hundred twenty five foot (125') height zone fnap for- the R MU 102 Dis4iet: 103 104 105 106 107 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That 108 Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit 109 Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and 110 all notes thereto shall remain and are not amended herein): III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 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 fellewi exeeptions r� The minimum building height applies to all structures that are adjacent to a public or private street. The building shall meet the minimum building height for at least fifty percent (50%) of the width of the street facing building wall. b. Pr-qjeets that aebieve a developmen4 seor-e that qualifies for- administrative review are eligible for- . a height. The iner-ease shall be limited te one stefy-of habitable spaee. The height of the additional story shall be equal to or- less than the average height ef the other- stories in the btfildin . This is in additien to the heigh au4hor-ized elsewhere in this title. SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table 21A.27.040.0 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.27.040.0 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. An 15 ft. in height total height 75 additional (for- a of ft.) be for- if may pefmitted residential uses the minimum of of tmits are aff-er-dable 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 Greenway Minimum of 5 ft. Maximum of 15 ft. side yard setback 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 e 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 ruilding 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 s . ft.; not to be used to calculate density. Minimum lot width 50 ft. DU Dwellingunits per building form No minimum or maximum. Bf of building forms per lot 1 building form permitted for every 4,000 sq. ft. of rber lot area provided all building forms have frontage on a street. 128 129 130 131 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 132 2IA. 33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 133 Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use 134 category "Affordable Housing Incentives Development" in the Table of Permitted and Conditional 135 Uses for Residential Districts, in alphabetical order with other use categories in the table, which use 136 category shall read and appear in that table as follows: Use Permitted And Conditional Uses By District FR-1/ FR-2/ FR-3/ R-1/ R-1/ R-1/ SR- SR- SR- R- RMF- RMF- RMF- RMF- RB R- R- R- RO 43,560 21,780 12,000 12,000 7,000 5,000 1 2 3 2 30 35 45 75 MU- MU- MU 35 45 Affordable P P P P P P P P P P P P P P P P P P Housiniz Incentives Development 137 138 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 139 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 140 Conditional Uses for Commercial Districts) shall be and hereby is amended only to add the use 141 category "Affordable Housing Incentives Development" in the Table of Permitted and Conditional 142 Uses for Commercial Districts, in alphabetical order with other use categories in the table, which use 143 category shall read and appear in that table as follows: Use Permitted and Conditional Uses by District CN CB CS' CC CSHBD' CG SNB Affordable P P — P — P — P — P — P — How— lncentives Development 145 146 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 147 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 148 Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add 149 the use category "Affordable Housing Incentives Development" in the Table of Permitted and 150 Conditional Uses for Transit Station Area Districts, in alphabetical order with other use 151 categories in the table, which use category shall read and appear in that table as follows: 152 10 153 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 11 154 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 155 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 156 Conditional Uses for Downtown Districts) shall be and hereby is amended only to add the use 157 category "Affordable Housing Incentives Development" in the Table of Permitted and 158 Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the 159 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 160 161 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 162 2IA. 33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 163 Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use 164 category "Affordable Housing Incentives Development" in the Table of Permitted and Conditional 165 Uses for the Gateway District, which use category shall read and appear in that table as follows: Use G-MU evelopent Affordable Housing Incentives Dm P 166 167 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 168 2IA. 33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 169 Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use 170 category "Affordable Housing Incentives Development" in the Table of Permitted and Conditional 171 Uses for Special Purpose Districts, which use category shall read and appear in that table as follows: 12 172 173 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 P Housing Incentives Development 13 174 175 176 177 178 179 180 181 182 183 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 codifies• 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 P P P P P Development [Note to codifies• 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 184 be codified.) 186 187 188 189 190 191 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 Ci . 's adopted plans and policy documents. 192 21A.52.020 APPLICABILITY: 193 This chapter applies as indicated within each subsection. 194 21 A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY 195 ZONING DISTRICTS: 14 196 Unless otherwise indicated in this chanter. all base zoning district or overlav zoning district 197 standards and requirements take precedence except as indicated in this section. 198 21A.52.040 APPROVAL PROCESS: 199 Any_process required by this title shall apply to this chapter unless specifically exempt or 200 modified within this chapter. 201 A. The Planned Development process in 21A.55 may be modified as indicated within 202 this chapter. 203 B. The Design Review process in 21A.59 may be modified as indicated within this 204 chapter. 205 C. Developments authorized by this chapter are exempt from 2IA. 10.020.B.1. 206 21A.52.050 AFFORDABLE HOUSING INCENTIVES: 207 A. Purpose: The Affordable Housing Incentives encourage the development of 208 affordable housing The provisions within this section facilitate the construction of 209 affordable housing by allowing more inclusive development than would otherwise be 210 permitted in the base zoning districts. Housing constructed using the incentives is 211 intended to be compatible in form with the neighborhood and provide for safe and 212 comfortable places to live and play. 213 B. Applicability: The provisions in this section provide optional incentives to 214 development projects that include affordable housing units. Unless specifically, stated 215 below, all other applicable provisions in the base zoning_ district or 216 overlay districts shall apply. 217 C. Uses: Additional housing types are allowed in zones subject to compliance with this 218 section. 219 D. Reporting and Auditing: Property owners who use the incentives of this chapter are 220 required to provide a report that demonstrates compliance with this section and any 221 additional approvals associated with the use of incentives. The report shall be 222 submitted annually y April 30th and shall be reflective of the financial status at the 223 end of the previous calendar year. The report shall be submitted to the Director of 224 Community and Neighborhoods or successor. 225 1. Annual Report and Auditing: Each property owner shall submit a report that 226 demonstrates compliance with this chapter. 227 a. If applicable, the property owner shall submit a copy of the annual reports) 228 provided to Utah Housing Corporation, Olene Walker Housing Loan Fund, 229 Housing Authority of Salt Lake City, Housing Connect, or similar funding 230 source as determined by the Department of Community and Neighborhoods, 231 or successors, confirming compliance with affordable housing conditions, 232 including tenant income and rent rates. 233 b. If an annual report is not submitted as required in 21A.52.050.D.1.a above, 234 the property owner shall provide a report that includes, but is not limited to 235 the following: 236 (D The property location, tax ID number, and legal description. 237 Q Property owner name, mailing address, and email address. 238 (31 Information on the dwelling units and tenants of the property receiving 239 the incentives that includes: 15 240 (A) The total number of dwelling units 241 (D) The number of bedrooms of each dwelling unit 242 LQ The rental rate of each dwelling unit 243 (D)Identify the dwelling units that comply with the level of 244 affordability identified in the approval to use the incentives and 245 a statement that the dwelling units are in compliance with the 246 approval requirements. 247 Q Identify any change in occupancy to the units that are required 248 to be affordable under this section, including age in the 249 number of people residing in each unit and any change in 250 tenant. Personal data is not required to be submitted. 251 M Confirm that income verification for all tenants was performed 252 on an annual basis. 253 (G)Identify any differences in rent between the agreed upon rental 254 rate in the approval to use the incentives and the actual rent 255 nits. received for the identified affordable dwellingunits. 256 Identify any instance where an affordable dwelling unit was no 257 longer rented at the agreed upon level of affordability, the 258 length of time the dwelling unit was not in compliance with the 259 agreed upon level of affordability, and any remedy that was 260 taken to address the noncompliance. 261 2. Review of Annual Report: The Director of Community and Neighborhoods shall 262 review the report to determine if the report is complete. 263 3. Within 30 days of receipt of a complete report, the Director of Community and 264 Neighborhoods shall provide the property owner with written notice that: 265 a. Identifies whether the property is in compliance. 266 b. Identify any deficiency in the information provided by the owner. 267 c. Assesses any penalty that is due as a result of an identified noncompliance. 268 4. After receipt of the notice from the Director of Community and Neighborhoods that 269 indicates noncompliance, the property owner shall: 270 a. Cure the identified noncompliance within 30 days of such notice and 271 concurrently submit an updated report of then -current operations of the 272 property that demonstrates compliance; or 273 (D Property owners can request an extension in writing prior to the 274 expiration of the 30-day cure period identified above. The request shall 275 include an explanation of the efforts to correct the non-compliance and 276 the reason the extension is needed. The Director of Community and 277 Neighborhoods will review and determine if the timeframe and 278 extension are appropriate and whether or not fines shall be stayed 279 during any approved extension. Upon expiration of the extension 280 granted by the Director the property owner shall submit an updated 281 report of then -current operations of the property that demonstrates 282 compliance. 283 b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any 284 noncompliance within 14 days of achieving compliance. Any fine or fee shall 16 285 be assessed from the first identified date that the property is not in 286 compliance. 287 5. The city may contract with another entity for review of the requirements in this 288 section. 289 6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20 290 except as set forth below in 21A.52.050.E. 291 292 E. Enforcement: Violations of this Chapter, or the restrictive covenant on the property 293 as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to 294 21A.20. The citv shall have the additional remedies for violations as set forth below. 295 1. Lien on Property. If the property owner fails to make payment of the outstanding 296 fines, then after 90 days or when fines reach $5,000, the division will issue a 297 statement of outstanding fines. If the property owner fails to make payment within 298 14 days, then the division may certify the fines set forth in the statement to the Salt 299 Lake County Treasurer. After entrby the Salt Lake County Treasurer, the amount 300 entered shall have the force and effect of a valid judgment of the district court, is a 301 lien on the property, and shall be collected by the treasurer of the county in which 302 the property is located at the time of the payment of general taxes. Upon payment 303 of the amount set forth in the statement, the judgment is satisfied, the lien is 304 released from the property, and receipt shall be acknowledged upon the general tax 305 receipt issued by the treasurer. 306 2. Revocation of Business License. Upon a determination of the division that the 307 property is in violation of this Chapter the city may suspend or revoke the business 308 license associated with the property. Any suspension or revocation of a license 309 shall not be imposed until a hearing is first held before the Director of Community 310 and Neighborhoods or his/her successor. The licensee shall be given at least 14 311 days' notice of the time and place of the hearing, together with the nature of the 312 charges against the licensee. The licensee may appear in person or through an 313 officer, agent or attorney, to introduce evidence on the licensee's behalf, and to 314 confront and cross-examine witnesses. The Director of Community and 315 Neighborhoods shall make a decision based upon the evidence introduced at the 316 hearing and issue a written decision. The licensee may appeal to an appeals 317 hearing officer and thereafter to district court pursuant to 21A.16. If the license is 318 revoked or suspended it shall thereafter be unlawful for any person to engage in or 319 use, or permit to be used any property for any business with respect to which the 320 license has been suspended or revoked until a license shall be granted upon appeal 321 or due to the grope . 's compliance with this Chapter. No person whose license 322 has been revoked, and no person associated or connected with such person in the 323 conduct of such business, shall be granted a license for the same purpose for a 324 period of six months after the revocation has occurred. The Director may, for good 325 cause, waive the prohibition against persons formerly associated or connected with 326 an individual who has had a license revoked. 327 328 F. Eli ig bility Standards: Developments shall meet the criteria below to be eligible for 329 the authorized incentives: 17 330 1. Restrictive Covenant Required: 331 a. Any owner who uses the incentives of this chapter shall enter into a 332 legally binding restrictive covenant, the form of which shall be 333 approved by the city attorney. Prior to the issuance of a building 334 permit for construction of a building using the incentives, the 335 restrictive covenant shall be filed with the Salt Lake County Recorder. 336 The agreement shall provide for the following, without limitation: 337 acknowledge the use of the incentives, the nature of the approval and 338 any conditions thereof, the affordabili . requirements, the terms of 339 compliance with all applicable regulations, shall ,guarantee compliance 340 for a term of 30 years, and the potential enforcement actions for any 341 violation of the agreement. The agreement shall be recorded on the 342 property with the Salt Lake County Recorder, guarantees that the 343 affordability criteria will be met for at least 30 years, and is 344 transferrable to any future owner. 345 b. For an affordable homeownership unit, a notice of sale shall be 346 provided to the city and the city shall have a right of first refusal to anX 347 sale of the property in accordance with a future sales price that is 348 capped to comply with section 21A.52.050.F.2.b.2 below. 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 2. The affordable units shall be both income and rent/housing p"ment restricted_ a. Income Restriction - The affordable units shall be made available onl 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 For an affordable rental unit, the monthly rent, including all required housingcosts osts 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 give n affordable unit type. 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 18 375 unit, assuming a household size equal to the number of 376 bedrooms in the unit plus one person. 377 3. Comparable units: Affordable units shall be comparable to market rate units 378 in the development including entrance location, dispersion throughout the 379 building or site, number of bedrooms (unless otherwise permitted), access to 380 all amenities available to the market rate units in the development, or as set 381 forth in the terms of the restrictive covenant. This section does not apply to 382 units in single- and two-family zoning districts. 383 4. The property owner shall be ineligible for affordable housing incentives 384 pursuant to this Chapter if the property owner or its principals, partners, or 385 agents are under enforcement for anv violation of title 11. 18.20. or 21. :: 387 G. Incentives: Developments are eligible for the incentives identified in this section. 388 Table 21A.52.050.G establishes the affordabili . requirements based on the zoning 389 district of the property. Sections 1 through 4 establish the modifications allowed 390 within each zoning district in order to be eligible for the affordability incentives. To 391 use the incentives, developments shall comply with the criteria applicable to the base 392 zoning districts. 393 Table 21A.52.050.G Incentive Types Types Incentive Type A. Applicable to the single- and Dwelling units shall meet the requirements for an two-family zoning districts: FR-1, affordable rental or homeownership unit affordable to FR-2, FR-3, R-1/12,000, R-1/7,000, those with incomes at or below 80% AMI. New construction: At least 50% of the provided R-1/5,000, R-2, SR-1, SR -IA, and SR-3. 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- An affordable rental unit shall meet a minimum of at least one of the following affordability criteria: 30, RMF-35, RMF-45, and RMF-75 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. 19 Type C. Applicable to zoning Affordable rental or homeownership units shall meet districts not otherwise specified. 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 bX 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. 395 1. Single- and Two -Family Zoning Districts: The followinghg types: twin 396 home and two-family, three-family dwellings, four -family dwellings, row houses, 397 sideways row houses, and cottage developments are authorized in the FR-1, FR-2, 398 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR -IA, and SR-3 zoning 399 districts provided the affordabili . requirements in for Type A in Table 400 21A.52.050.G are met. 401 2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The quali . in 402 provisions for density found in the minimum lot area and lot width tables for 403 the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the 404 RMF-30 zoning district, the minimum lot size per dwelling unit does not apply, 405 provided the affordability requirements for Type B in Table 21A.52.050.G are 406 met. 407 3. Incentives in the CB Community Business, CC Corridor Commercial, CG 408 General Commercial, and I Institutional Zoning Districts: 409 a. The followinghousing ousing 13Tes: row houses, sideways row houses, and 410 cottage developments are authorized in zoning districts provided the 411 affordability requirements in subsection b. are complied with; 20 412 b. To be eligible for the incentives listed in this section, a development 413 shall meet the affordability requirements for Type C in Table 414 21A.52.050.G. 415 416 4. The following incentives are authorized in zoning districts provided the 417 affordability requirements for Type C in Table 21A.52.050.G are complied with: 418 a. Administrative design review provided the noticing requirements of 419 21A.10.020.B and the standards in 21A.59 are met. Early engagement 420 notice requirements to recognized organizations are not applicable. 421 b. Additional building height as indicated in the following sections: 422 ft) Residential districts: 423 424 425 Zoning District Permitted Maximum Height with Incentive RMU-35 45' with administrative Design Review re ardless 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 gpp1 . 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 buildin . (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 storyqual 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 buildin . 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. CSHBDI 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 Desi n Review. 21 TSA- Transition May build one additional storyqual 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. 426 427 428 f3l Form -based districts: 429 [Note to codifies• use this table if FBUN3 is adopted as of the date of this ordinance pursuant to 430 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 buildin with administrative Design Review. FB-UN2 May build one additional storyqual to the average height of the other stories in the building, FB-SC May build one additional storyqual 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 I Mqy build up to three stories and 30' in height, 431 432 [Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant 433 to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should 434 be codified.] 435 436 437 438 439 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 buildin . FB-SC May build one additional story equal to the average height of the other stories in the buildin . FB-SE May build one additional story equal to the average height of the other stories in the buildin . FB-UN1 Mgy build Lip to three stories and 30' in hei ht. h Downtown districts: Zoning District Permitted Maximum Height with Incentive D-1 Administrative Design Review is permitted when a Design Review process is re uired. 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 Desi n Review. 22 440 441 442 443 444 445 446 447 448 449 450 451 452 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. 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 followiniz: Buildings in the CSHBDI 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 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 453 approval by other city departments. If a development proposes any modification 454 that is not listed below, planned development approval is required. To be eligible 455 for the incentives in this section, a development shall meet the affordability 456 requirements for the applicable zoning district in Table 21A.52.040. 457 a. Multiple Buildings on a Single Parcel: More than one principal 458 building may be located on a single parcel and are allowed without 459 havingpublicstreet frontage. This allowance supersedes the 460 restrictions of 21A.36.010.B, 461 b. Principal buildings with frontage on a paved public alley 462 C. Principal buildings with frontage on a private street; 463 d. Development located in the Community Shopping (CS) "Planned 464 Development Review" in 2IA. 26.040.C. 465 466 H. Development Regulations: The followingdevelopment evelopment regulations are intended to 467 provide supplemental regulations and modify standards of the base zoning district for 468 the purpose of making the affordable housing incentives more feasible and 469 compatible with existing development. Base zoning standards apply unless 470 specifically modified by this section and are in addition to modifications authorized in 471 subsection 21A.52.050.G. If there are conflicts with design standards, the more 472 restrictive regulation shall apply and take precedence. These standards are not 473 allowed to be modified through the planned development process. 474 1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, 475 SR-1, SR -IA, and SR-3 zoning districts: 476 a. Parking: Unless there is a lesser parking requirement in 21A.44, only 477 one off-street parking space per unit is required. One detached _garage 23 478 or covered parking space, no greater than 250 sq. ft. per unit, may be 479 provided for each unit and these structure(s) may exceed the yard and 480 building coverage requirements for accessory structures. When 481 covered parking is provided, the 250 sq. ft. per unit of covered parking 482 may be combined into a single structure for each required parking stall 483 provided. 484 b. Yards: Minimum required yards shall apply to the perimeter of the 485 development and not to the individual principal buildings within the 486 development. 487 C. Densi : 488 Lots approved through a planned development prior to the 489 effective date of this chapter are required to go through a major 490 modification of the planned development to use the incentives. 491 (2) Lots may contain up to four units. Existing lots may be 492 divided such that each unit is on its own lot. The new lots are 493 exempt from minimum lot area, lot width, and lot frontage 494 requirements. 495 (3) An accessory dwelling unit (ADU) is considered one unit and 496 counts toward the number of units permitted. 497 (4) Arrangement of dwellings: 498 LA) New dwelling units may be arranged in any manner 499 within a building, as a second detached dwelling, as 500 attached units, or a cottage development with three or 501 more detached dwellings, within the buildings that are 502 part of the cottage development. 503 (D) When an existing building is maintained, new units 504 may be added internal to the existing structure, as an 505 addition, or as a second detached dwelling. Any 506 addition must comply with the standards of the base 507 zoning district; however, the addition may contain 508 additional units. 50% of the exterior walls of the 509 existing dwelling, including the front elevation, shall 510 remain as exterior walls. 511 LQ The units shall comply with this section, applicable 512 requirements of the base zoning district, and any 513 applicable overlay district. 514 515 2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the 516 following provisions shall apply: 517 a. Unit Mix: No more than 25% of the units in the development shall be 518 less than 500 square feet to promote a mix of unit sizes. 519 b. Parking: Unless there is a lesser parking requirement in 21A.44, only 520 one off-street parking space per unit is required in multifamily 521 developments with less than 10 units. 24 522 C. Yards: The minimum required yards shall apply to the perimeter of the 523 development and not to the individual principal buildings within the 524 development. 525 d. Lot width: Minimum lot width requirements do not apply. 526 527 3. In addition to applicable requirements in 1. and 2. above, the following provisions 528 apply to the specific building types listed: 529 a. Row house and Sideways row house 530 Perimeter yard quirements: 531 (A) Front yards: The front yard and corner side yard of 532 the base zoning district apply. 533 Side yards: A minimum of 10 feet on one side of the 534 building and 6 feet on the other interior side 535 unless a greater yard is required by the base zoning 536 district 537 LQ Rear yard: The rear yard of the base zoningdistrict 538 applies. 539 (2) Number of Units: To qualify for incentives in the FR-1, FR-2, 540 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR- 541 IA zoning districts there is a minimum of three and a 542 maximum of four residential dwelling units per buildin& 543 treet: (3) Building length facingstreet: 544 LA) The building length shall not exceed 60 feet or the 545 average of the block face, whichever is less, in FR-1, 546 FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R- 547 2, SR-1, and SR -IA districts; 548 The building length shall not exceed 100 feet in the 549 RMF-30, RMF-35, RMF-45 and RMF-75 districts; 550 and 551 (C) The building length shall not exceed 175 feet in other 552 zoning districts. 553 (4) Building entry facing street: At least one operable building 554 entrance on the ground floor is required for each unit facing 555 the primary street facing facade. All units adjacent to a 556 public street shall have the primary entrance on the street 557 facing facade of the building with an unenclosed entraporch, 558 canopy, or awning feature. The entry feature may encroach in 559 the front yard setback, but the encroachment shall not be 560 closer than 5 feet from the front property line. 561 (5) Building materials: 50% of any street facing facade shall be 562 clad in durable materials. Durable materials include stone, 563 brick, masonry, textured or patterned concrete, and fiber 564 cement board. Other materials may be used for the remainder 565 of the facade adjacent to a street. Other materials proposed to 566 satisfy the durable requirement maeapproved at the 567 discretion of the Planniniz Director if it is found that the 25 568 proposed material is durable and is appropriate for the 569 structure. 570 (6) Parking requirement and location: Unless there is a lesser 571 parking requirement in 21A.44, only one off-street parking 572 space per unit is required. All provided parking shall be 573 located to the side of the street facing building facade, behind 574 a principal structure that has frontage on a street, or within 575 the principal structure subject to any other applicable 576 provision. 577 (7) Garage doors facing street: Garage doors are prohibited on 578 the facade of the buildingtparallel to, or located along, 579 a public street. 580 (8) Personal outdoor space: Each unit shall have a minimum 581 outdoor space of 60 square feet where the minimum 582 measurement of any side cannot be less than 6 feet. 583 (9) Glass: The surface area of the facade of each floor facing a 584 street must contain a minimum of 15% glass. 585 (10) Blank wall: The maximum length of any blank wall 586 uninterrupted by windows, doors, or architectural detailing at 587 the ground floor level along any street facing facade is 15'. 588 (11) Screening of mechanical equipment: All mechanical 589 equipment shall be screened from public view and sited to 590 minimize their visibili , and impact. Examples of siting 591 include on the roof, enclosed or otherwise integrated into the 592 architectural design of the building, or in a rear or side yard 593 area subject to yard location restrictions found in section 594 21A.36.020, table 21A.36.020B, "Obstructions In Required 595 Yards" of this title. 596 597 Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House Units on separate lots �R 6' 10' S S �F �R �R �R 6' i i 10' E 3 S E 3 S I F IF I F 598 599 Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House 26 �R H H S S �F i11Z1; Units on separate lots �R 6' H 10' E 3 S S 6' HH 10' H S S 6' 10' S S IF 601 b. Cottage Development 602 Perimeter yard quirements: 603 (Aj Front yards: The front yard and corner side yard of the 604 base zoning district Uply. 605 (B) Side yards: A minimum of 10 feet on one side of the 606 property line and 6 feet on the other interior side yard, 607 unless a greater yard is required by the base zoning 608 district. 609 (C) Rear yard: The rear yard of the base zoningdistrict 610 applies. 611 (2) Setbacks Between Individual Cottages: All cottages shall have 612 a minimum setback of eight feet from another cottage_ 613 (3) Area: No cottage shall have more than 850 square feet of • gross 614 floor area, excluding basement area. There is no minimum 615 square foot requirement. 616 (4) Building Entrance: All building entrances shall face a public 617 street or a common open space. 618 (5) Building materials: 50% of any street facing facade shall be 619 clad in durable materials. Durable materials include stone, 620 brick, masonry, textured or patterned concrete, and fiber 621 cement board. Other materials may be used for the remainder 622 of the facade adjacent to a street. Other materials proposed to 623 satisfy the durable requirement magpproved at the 624 discretion of the Planning Director if it is found that the 27 625 proposed material is durable and is appropriate for the 626 structure. 627 (6) Open Space: A minimum of 250 square feet of common, open 628 space is required per cottage. At least 50% of the open space 629 shall be in a courtyard or other common, usable open space. 630 The development shall include landscaping, walkways or other 631 amenities intended to serve the residents of the development. 632 (7) Personal Outdoor Space: In addition to the open space 633 requirement in this section, a minimum of 120 square feet of 634 private open space is required per cottage. The open space 635 shall provide a private yard area for each cottage and will be 636 separated with a fence, hedge, or other visual separation to 637 distinguish the private space. 638 (8) Parking: Unless there is a lesser parking requirement in 639 21A.44, one off-street parking space per unit is required. All 640 provided parking shall be located to the side of a street facing 641 building facade, behind a principal structure that has frontage 642 on a street, or within the principal structure subject to an., other 643 applicable provision. 644 c. In addition to applicable requirements in 21A.52.050.H above, the 645 following provisions apply to all other buildings containing more than two 646 residential units. If the base zone has a greater design standard 647 requirement, that standard applies. 648 (1) Perimeter yard requirements: 649 (Aj Front yards: The front yard and corner side yard 650 setback of the base zoning district apply. 651 Side yards: For housing types not otherwise allowed in 652 the zoning district, a minimum of 10 feet on each side 653 property line, unless a greater setback is required for 654 single-family homes. 655 Rear yards: The rear yard of the base zoning district 656 applies. 657 Building entrances: The ground floor shall have a primarX 658 entrance on the street facing facade of the building with an 659 unenclosed entryporch, canopy, or awning feature. Stairs to 660 second floor units are not permitted on street facing elevations. 661 (3) Glass: The surface area of the facade of each floor facing a 662 street must contain a minimum of 15% glass. 663 (4) Building materials: 50% of any street facing facade shall be 664 clad in durable materials. Durable materials include stone, 665 brick, masonry, textured or patterned concrete, and fiber 666 cement board. Other materials may be used for the remainder 667 of the facade adjacent to a street. Other materials proposed to 668 satisfy the durable requirement maeapproved at the 669 discretion of the Planning Director if it is found that the 28 670 proposed material is durable and is appropriate for the 671 structure. 672 (5) Open space: Open space area may include landscaped yards, 673 patios, dining areas, and other similar outdoor living spaces. 674 All required open space areas shall be accessible to all 675 residents or users of the building. 676 Single- and two-family zoning districts: 120 sq. ft. of 677 open space with a minimum width of 6 ft. shall be 678 provided for each building with a dwelling. 679 (B) All other zoning districts: A minimum of 10% of the 680 land area within the development shall be open space, 681 up to 5,000 square feet. Open space may include 682 courtyards, rooftop and terrace gardens and other 683 similar types of open space amenities. All required 684 open space areas shall be accessible to all residents or 685 users of the building. 686 d. Single- and Two-family Dwellings: No additional design standards excWtt 687 as identified in 21A.24. 688 e. Unit Limits: For overall development sites with more than 125 units, no 689 more than 50% of units shall be designated as affordable units. 690 f. Lots without public street frontage may be created to accommodate 691 developments without planned development approval subject to the 692 following_ standards: 693 (1) Required yards shall be applied to the overall development 694 site not individual lots within the development. The front and 695 corner yards of the perimeter shall be maintained as landscaped 696 yards; 697 (2) Lot coverage shall be calculated for the overall development 698 not individual lots within the development; and 699 (3) Required off street parking stalls for a unit within the 700 development are permitted on any lot within the development. 701 (4) The subdivision shall be finalized with a final plat and the final 702 plat shall document that the new lot(s) has adequate access to a 703 public street by way of easements or a shared driveway or 704 private street; and 705 (5) An entity, such as a homeowner association, must be 706 established for the operation and maintenance of any common 707 infrastructure. Documentation establishing that entity must be 708 recorded with the final plat. 709 710 SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That 711 Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose 712 Statements) shall be and hereby is amended to read as follows: 29 713 1.(201%) of the housing must be for- those with ineofnes that are 714 ° . Affordable housing that meets 715 the requirements of 21A.52.050. 716 717 SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 718 2IA. 60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 719 hereby is amended to add the following terms in the list of defined terms to be inserted into that list 720 in alphabetical order: 721 Affordable Housing 722 Affordable Housing Incentives Develonment 723 Dwelling, Three-family 724 Dwelling, Four -family 725 Dwelling, Row House 726 Dwelling, Sideways Row House 727 Dwelling. Cottaize Develonment 728 729 SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That 730 Section 2IA. 62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall 731 be and hereby is amended as follows: 732 a. Adding the definition of "AFFORDABLE HOUSING." That the definition of 733 "AFFORDABLE HOUSING" be added and inserted into the list of definitions in 734 alphabetical order and read as follows: 735 AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable, 736 rent -restricted. The affordable units shall be made available only to individuals and 737 households that are qualifying in. occupants at or below the applicable percentage of the area 738 median income for the Salt Lake City Utah, U.S. Department of Housing and Urban 739 Development ("HUD") Metro FMR Area the "SLC Area Median Income" or "AMI", as 740 periodically determined by HUD and adjusted for household size, and published by the Utah 741 Housing Corporation, or its successor. Affordable (30% of gross income for housingcosts, osts, 742 including_ utilities) housing units must accommodate at least one of the following categories: 743 a. Extremely Low -Income Affordable Units: Housing units accommodating up to 744 30% AMI; 745 b. Very Low -Income Affordable Units: Housing units accommodating_gp-te greater than 746 30% and up to 50% AMI; or 30 747 c. Low -Income Affordable Units: Housing units accommodating_ greater than 50% and 748 up to 80% AMI. 749 750 b. Adding the definition of "AFFORDABLE HOUSING INCENTIVES 751 DEVELOPMENT." That the definition of "AFFORDABLE HOUSING INCENTIVES 752 DEVELOPMENT" be added and inserted into the list of definitions in alphabetical order 753 and read as follows: 754 AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that 755 meets the criteria in 21A.52.050. 756 757 c. Adding the definition of "DWELLING, THREE-FAMILY." That the definition of 758 "DWELLING, THREE-FAMILY" be added and inserted into the list of definitions in 759 alphabetical order and read as follows: 760 DWELLING, THREE-FAMILY: A detached building containing three dwelling units. 761 d. Adding the definition of "DWELLING, FOUR -FAMILY." That the definition of 762 "DWELLING, FOUR -FAMILY" be added and inserted into the list of definitions in 763 alphabetical order and read as follows: 764 DWELLING, FOUR -FAMILY: A detached building containing four dwelling units. 765 e. Adding the definition of "DWELLING, ROW HOUSE." That the definition of 766 "DWELLING, ROW HOUSE" be added and inserted into the list of definitions in 767 alphabetical order and read as follows: 768 DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least 769 one common wall with an adjacent dwelling unit and where the entry of each unit faces a 770 public street. Units may be stacked vertically and/or attached horizontally. Each attached unit 771 may be on its own lot. 772 f. Adding the definition of "DWELLING, SIDEWAYS ROW HOUSE." That the definition 773 of "DWELLING, SIDEWAYS ROW HOUSE" be added and inserted into the list of 774 definitions in alphabetical order and read as follows: 31 775 DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that 776 share at least one common wall with an adjacent dwelling unit and where the entry of each 777 unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or 778 attached horizontallv. Each attached unit may be on its own lot. 779 g. Adding the definition of "DWELLING, COTTAGE DEVELOPMENT." That the 780 definition of "DWELLING, COTTAGE DEVELOPMENT" be added and inserted into 781 the list of definitions in alphabetical order and read as follows: 782 DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified 783 development that contains a minimum of two and a maximum of eight detached dwelling 784 units with each unit appearing to be a small single-family dwelling with a common green or 785 oven space. Dwellings may be located on separate lots or grouped on one lot. 786 787 SECTION 20. That the "ZONING FEES" section of the Salt Lake City Consolidated Fee 788 Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the 789 attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule 790 shall be published on the official Salt Lake City website. 791 SECTION 21. Effective Date. This Ordinance shall become effective on the date of its first 792 publication. 793 Passed by the City Council of Salt Lake City, Utah this day of , 2023. 794 795 796 CHAIRPERSON 797 ATTEST: 798 799 800 CITY RECORDER 32 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 823 Transmitted to Mayor on Mayor's Action CITY RECORDER (SEAL) Approved. MAYOR Bill No. of 2023. Published: Ordinance creating zoning incentives and affordable housing incentives Vetoed APPROVED AS TO FORM Salt Lake City Attorney's Office Date: By: Katherine D. Pasker, Senior City Attorney 33 ME 825 826 Service Affordable Housing Incentives Fines Noncompliance violation EXHIBIT A Fee $100/affordable unit/dav Additional Information Plus rental difference Section 21A.20.040. B 34 2. CHRONOLOGY ERIN MENDENHALL L DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas .��n„� 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 listsery 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 saraJavoronok(a),slc og v.com. The application details can be accessed at https:Hcitizenportal.slcgov.com/, by selecting the "planning" tab and entering the petition number PLNPCM2019-00658 or on the project page at hqps://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 Petition Initiation Request 1 'f Planning Division Community & Neighborhoods Department To: Mayor Biskupski From: Nick Norris, Planning Director Date: July to, 2019 CC: Patrick Leary, Chief of Staff; Jennifer McGrath, CAN Interim Director; file Re: Initiate Petition to Amend Text in the Zoning Ordinance to add an Affordable Housing Overlay District This memo is to request that you initiate a petition directing the Planning Division to analyze the appropriateness of amending sections of the Zoning Ordinance to incentivize and reduce barriers for affordable housing through an Affordable Housing Overlay District. The overall purpose of the overlay district is to implement Growing SLC: A Five Year Housing Plan. There are some existing incentives for affordable housing in the Zoning Ordinance. Recent population growth and an increased desire to live in the city have resulted in lower vacancy rates and higher housing costs. In Growing SLC, the city's goal is to be "a place for a growing diverse population to find housing opportunities that are safe, secure, and enrich lives and communities." To achieve this goal, the city must address affordability issues. An affordable housing overlay district that incentivizes and reduces barriers for affordable housing provides an opportunity to increase affordable housing options. Other communities that have utilized affordable housing overlays have allowed zoning regulations to be modified in certain districts to offset the cost of housing units. Examples of zoning regulations that are allowed to be modified include building height, density, off street parking requirements, and lot coverage. The Planning Division intends to also consider zoning modifications that would promote the preservation of existing affordable units by allowing similar modifications. As part of the process, the Planning Division will follow the City adoption process for zoning text amendments, which includes citizen input and public hearings with the Planning Commission and City Council. This process will specifically include discussions with low income housing providers, developers, and residents to help identify barriers that have made developing new affordable housing challenging and solutions to preserving existing affordable housing units. Please contact me at ext. 6173 or nick.norris(@slc og v.com if you have any questions. Sara Javoronok, Senior Planner, is the project manager assigned to this project and can be reached at ext. 7625 or sara.javoronok(&slc ov.com if I am unavailable. Thank you. Concurrence to initiate the zoning text amendment petition as noted above. Jackie Biskupsld, Mayor 0 Page 2 7-�55-)q Date 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 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.ong 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 I (She/Her/Hers) Administrative Assistant PLANNING DIVISION I SALT LAKE CITY CORPORATION Direct: (8o1) 535-7759 or Mobile: (385) 415-4701 Email: Aubrey.Clarkl@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 ICaution: This is an external email. Please be cautious when clicking links or opening attachments. 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 From: TAG SLC To: Plannirn Public Comma,6: TAG SLC Subject: (DuTRMAL) MoolaW Housing lnanmS Date: Weds day, Apnl 26, 20D 6:59:28 PM ICaution: This is an external email. Please be cautious when clicking links or opening attachments. Planning Commission, TAG SLC is excited about the city's efforts to introduce Affordable Housing Incentives to encourage market rate developers to include affordable housing units in their projects. However, we have concerns regarding the current proposal and its effectiveness in achieving its intended goals. After reviewing the proposed text amendment in detail our team applied the incentives to a variety of projects we currently have underway in SLC. These projects ranged in unit count from 4 units to 300 units, lot sizes from 1/10th of an acre to 4 acres and included a variety of zoning districts. Of the 12 projects we applied the incentives too, not a single one produced a result in which pursuing the incentive added value to the project. Our findings seem supported by the Scenarios in Attachment G, which suggest that the proposed incentives are insufficient to lead to the creation of more affordable housing. If the city is serious about promoting the construction of more affordable housing, we need to continue to refine the text amendment until the majority of projects have positive outcomes when the incentives are applied. The need for affordable housing in SLC is urgent, let's make sure the proposal that goes forward to City Council is enough to produce results. Sincerely, Jordan Atkin April 24, 2023 Open Letter to Mayor Erin Mendenhall City Commissioners Planning and Zoning Building Officials Fire Department Utilities Water Department Re: Proposed Affordable Housing Incentive Plan Dear Sirs, Madams, I am a retired architect and former public servant. I have practiced architecture for fifty years, both in private practice and as the Building Program director for the State of Utah for 10 years. I was a Uniform Building Code official and served as chairman during my term there Who will benefit from adoption of proposed changes? When the construction activities are complete and contractors and real estate persons have left will the city fabric be better off than before? Will residential properties in areas that were owner — occupied and cared for by their owners, be diminished by the interspersed low-income rentals where renters do not maintain what they do not own? The developers will have made their profit as well as the contractors who have done their job. Will the systems that serve Salt Lake City be able to absorb the added loads imposed? Water: We live in the high mountain desert and have suffered from drought conditions for several years. Residents have been urged to conserve usage. Additional home density will necessitate water mains that can adequately provide for additional demand. Can the current water system support the proposed usage? Can water quality be maintained with the increase in population? Sewer System: Will just adding a new waste line to the existing underground system be absorbed by the capacity of the sewage treatment plant(s). Can current pipes carry the additional loads? Will new plants be required to serve the increased loads? Sanitation Systems: A significant increase in recycling and garbage bins necessitate a greater number of trucks to remove contents and the landfill will be impacted by the greater output of an increased population. Structural Adequacy: Salt Lake is in one of the highest seismic categories, with the probability of significant earth movement. Recent earthquakes in Turkey have shown the devastating loss of life and property due to unregulated construction standards. We understand that fast -track approval of proposed buildings will not allow for review of structural adequacy. If no additional staff are hired to inspect for structural adequacy builders may cut corners. Quality of Life: House owners are more inclined to maintain and improve their property, landscaping, and buildings. Renters are less likely to do this and will possibly lead to lessened quality of life in existing neighborhoods with owner occupants. I urge you to carefully weigh the impacts on the residents and systems of the city, our air, water and health as you consider the proposed changes. Please leave a legacy of enhancement rather than lessening the quality of life in our city. Sincerely, r Wayne . ingh Salt Lake City; Utah 84105