Proposed Ordinance - 8/8/2023
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SALT LAKE CITY ORDINANCE
No. _____ of 2023
(An ordinance amending various sections of the Title 21A of the Salt Lake City Code
establishing a chapter for zoning incentives and adding affordable housing incentives)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant
to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing
incentives.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held
public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former
Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various
sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing
incentives; and
WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said
petition; and
WHEREAS, the City Council requests a report on costs and benefits of implementation
of the affordable housing incentives 24 months following adoption; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Salt Lake City Code Section 21A.20.040. That Section
21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is
amended to read as follows:
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A. If the violations are not corrected by the citation deadline, civil fines shall accrue at
twenty five dollars ($25.00) a day per violation for those properties legally used for
purposes that are solely residential uses, and one hundred dollars ($100.00) a day per
violation for those properties used for purposes that are not residential uses.
B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
per day per violation. If the violation(s) include renting an affordable rental unit in excess
of the approved rental rate then an additional monthly fine shall accrue that is the
difference between the market rate of the unit and the approved rental rate that is agreed
to by the applicant at the time of approval for a project using the incentives.
SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That
Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000
Single-family Residential District) shall be and hereby is amended to read as follows:
A. Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is
to provide for single-family residential dwellings and affordable housing incentives
developments with up to four units on lots twelve thousand (12,000) square feet in size or
larger. This district is appropriate in areas of the City as identified in the applicable
community Master Plan. Uses are intended to be compatible with the existing scale and
intensity of the neighborhood. The standards for the district are intended to provide for
safe and comfortable places to live and play, promote sustainable and compatible
development patterns and to preserve the existing character of the neighborhood.
SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That
Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000
Single-family Residential District) shall be and hereby is amended to read as follows:
A. Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to
provide for single-family residential dwellings and affordable housing incentives
developments with up to four units on lots not less than seven thousand (7,000) square
feet in size. This district is appropriate in areas of the City as identified in the applicable
community Master Plan. Uses are intended to be compatible with the existing scale and
intensity of the neighborhood. The standards for the district are intended to provide for
safe and comfortable places to live and play, promote sustainable and compatible
development patterns and to preserve the existing character of the neighborhood.
SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That
Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000
Single-family Residential District) shall be and hereby is amended to read as follows:
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A. Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to
provide for single-family residential dwellings and affordable housing incentives
developments with up to four units on lots not less than five thousand (5,000) square feet
in size. This district is appropriate in areas of the City as identified in the applicable
community Master Plan. Uses are intended to be compatible with the existing scale and
intensity of the neighborhood. The standards for the district are intended to provide for
safe and comfortable places to live and play, promote sustainable and compatible
development patterns and to preserve the existing character of the neighborhood.
SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That
Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and
Two-family Residential District) shall be and hereby is amended to read as follows:
A. Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District
is to preserve the character of existing neighborhoods which exhibit a mix of
predominantly single- and two-family dwellings. Uses are intended to be compatible with
the existing scale and intensity of the neighborhood. The standards for the district are
intended to provide for safe and comfortable places to live and play and to promote
sustainable and compatible development patterns.
SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That
Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU
Residential/Mixed Use District) shall be and hereby is amended to read as follows:
F. Maximum Building Height: The maximum building height shall not exceed seventy five
feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1
and F2 of this section.
1. Maximum height for nonresidential buildings: Forty five feet (45').
2. Maximum floor area coverage of nonresidential uses in mixed use
buildings of residential and nonresidential uses: Three (3) floors.
SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That
Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit
Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and
all notes thereto shall remain and are not amended herein):
2. Building Height: The minimum and maximum building heights are found in table
21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The minimum
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building height applies to all structures that are adjacent to a public or private street. The
building shall meet the minimum building height for at least fifty percent (50%) of the
width of the street facing building wall.
SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table
21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form
Based Special Purpose Corridor District) shall be and hereby is amended to read as follows:
TABLE 21A.27.040.C
FB-SC BUILDING FORM STANDARDS
Permitted Building Forms
Multi-Family And Storefront
H Maximum building height Maximum building height in the FB-SC is 60 ft.
Limitation on commercial uses Commercial or nonresidential uses are limited to the
first 3 stories and a height of 45 ft. This limitation
does not apply to hotel/motel uses, which are
limited to the maximum height of 75 ft.
F Front and corner
side yard setback
Greenway Minimum of 5 ft. Maximum of 15 ft.
Neighborhood Minimum of 15 ft. Maximum of 25 ft.
Avenue Minimum of 5 ft. Maximum of 10 ft.
Boulevard Minimum of 15 ft. Maximum of 25 ft.
B Required built-to Minimum of 50% of any street facing facade shall
be built to the minimum setback line. At least 10%
of any street facing facade shall be built to the
maximum setback line.
S Interior side yard When adjacent to a residential district, a minimum
setback of 25% of the lot width, up to 25 ft., is
required. Any portion of the building taller than 30
ft. must be stepped back 2 ft. from the required
building setback line for every 1 ft. of height over
30 ft. When adjacent to other zoning districts, no
minimum setback is required. See illustration
below.
R Rear yard When adjacent to a residential district, a minimum
setback of 25% of the lot width, up to 25 ft., is
required. Any portion of the building taller than 30
ft. must be stepped back 2 ft. from the required
building setback line for every 1 ft. of height over
30 ft. When adjacent to other zoning districts, no
minimum setback is required. See illustration
below.
L Minimum lot size 4,000 sq. ft.; not to be used to calculate density.
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W Minimum lot width 50 ft.
DU Dwelling units per building form No minimum or maximum.
Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of
lot area provided all building forms have frontage
on a street.
SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section
21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Residential Districts, in alphabetical order with other use categories in the table, which use
category shall read and appear in that table as follows:
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Use Permitted And Conditional Uses By District
FR-1/
43,560
FR-2/
21,780
FR-3/
12,000
R-1/
12,000
R-1/
7,000
R-1/
5,000
SR-
1
SR-
2
SR-
3
R-
2
RMF-
30
RMF-
35
RMF-
45
RMF-
75
RB R-
MU-
35
R-
MU-
45
R-
MU
RO
Affordable
Housing
Incentives
Development
P P P P P P P P P P P P P P P P P P
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SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.030. That Section
21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Commercial Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Commercial Districts, in alphabetical order with other use categories in the table, which use
category shall read and appear in that table as follows:
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Use Permitted and Conditional Uses by District
CN CB CS1 CC CSHBD1 CG SNB
Affordable
Housing
Incentives
Development
P P P P P P P
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SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section
21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add
the use category “Affordable Housing Incentives Development” in the Table of Permitted and
Conditional Uses for Transit Station Area Districts, in alphabetical order with other use
categories in the table, which use category shall read and appear in that table as follows:
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Use Permitted And Conditional Uses By District
TSA-UC TSA-UN TSA-MUEC TSA-SP
Core Transition Core Transition Core Transition Core Transition
Affordable Housing Incentives
Development
P P P P P P P P
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SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.050. That Section
21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Downtown Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and
Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the
table, which use category shall read and appear in that table as follows:
Use Permitted And Conditional Uses By District
D-1 D-2 D-3 D-4
Affordable Housing Incentives
Development
P P P P
SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for the Gateway District, which use category shall read and appear in that table as follows:
Use G-MU
Affordable Housing Incentives Development P
SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Special Purpose Districts, which use category shall read and appear in that table as follows:
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Use Permitted and Conditional Uses by District
RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU
Affordable
Housing
Incentives
Development
P
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SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Form Based Districts, which use category shall read and appear in that table as follows:
[Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to
Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.]
Use Permitted Uses By District
FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE
Affordable Housing Incentives
Development
P P P P P
[Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant
to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should
be codified.]
Use Permitted Uses By District
FB-UN1 FB-UN2 FB-SC FB-SE
Affordable Housing Incentives
Development
P P P P
SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of
the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new
Chapter 21A.52 Zoning Incentives and shall read as follows:
21A.52.010 PURPOSE:
The purpose of this chapter is to establish zoning incentives to support achieving adopted goals
within the City’s adopted plans and policy documents.
21A.52.020 APPLICABILITY:
This chapter applies as indicated within each subsection.
21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
ZONING DISTRICTS:
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Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
standards and requirements take precedence except as indicated in this section.
21A.52.040 APPROVAL PROCESS:
Any process required by this title shall apply to this chapter unless specifically exempt or
modified within this chapter.
A. The Planned Development process in 21A.55 may be modified as indicated within
this chapter.
B. The Design Review process in 21A.59 may be modified as indicated within this
chapter.
C. Developments authorized by this chapter are exempt from 21A.10.020.B.1.
21A.52.050 AFFORDABLE HOUSING INCENTIVES:
A. Purpose: The Affordable Housing Incentives encourage the development of
affordable housing. The provisions within this section facilitate the construction of
affordable housing by allowing more inclusive development than would otherwise be
permitted in the base zoning districts. Housing constructed using the incentives is
intended to be compatible in form with the neighborhood and provide for safe and
comfortable places to live and play.
B. Applicability: The provisions in this section provide optional incentives to
development projects that include affordable housing units. Unless specifically stated
below, all other applicable provisions in the base zoning district or
overlay districts shall apply.
C. Uses: Additional housing types are allowed in zones subject to compliance with this
section.
D. Reporting and Auditing: Property owners who use the incentives of this chapter are
required to provide a report that demonstrates compliance with this section and any
additional approvals associated with the use of incentives. The report shall be
submitted annually by April 30th and shall be reflective of the financial status at the
end of the previous calendar year. The report shall be submitted to the Director of
Community and Neighborhoods or successor.
1. Annual Report and Auditing: Each property owner shall submit a report that
demonstrates compliance with this chapter.
a. If applicable, the property owner shall submit a copy of the annual report(s)
provided to Utah Housing Corporation, Olene Walker Housing Loan Fund,
Housing Authority of Salt Lake City, Housing Connect, or similar funding
source as determined by the Department of Community and Neighborhoods,
or successors, confirming compliance with affordable housing conditions,
including tenant income and rent rates.
b. If an annual report is not submitted as required in 21A.52.050.D.1.a above,
the property owner shall provide a report that includes, but is not limited to
the following:
(1) The property location, tax ID number, and legal description.
(2) Property owner name, mailing address, and email address.
(3) Information on the dwelling units and tenants of the property receiving
the incentives that includes:
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(A) The total number of dwelling units
(B) The number of bedrooms of each dwelling unit
(C) The rental rate of each dwelling unit
(D) Identify the dwelling units that comply with the level of
affordability identified in the approval to use the incentives and
a statement that the dwelling units are in compliance with the
approval requirements.
(E) Identify any change in occupancy to the units that are required
to be affordable under this section, including a change in the
number of people residing in each unit and any change in
tenant. Personal data is not required to be submitted.
(F) Confirm that income verification for all tenants was performed
on an annual basis.
(G) Identify any differences in rent between the agreed upon rental
rate in the approval to use the incentives and the actual rent
received for the identified affordable dwelling units.
(H) Identify any instance where an affordable dwelling unit was no
longer rented at the agreed upon level of affordability, the
length of time the dwelling unit was not in compliance with the
agreed upon level of affordability, and any remedy that was
taken to address the noncompliance.
2. Review of Annual Report: The Director of Community and Neighborhoods shall
review the report to determine if the report is complete.
3. Within 30 days of receipt of a complete report, the Director of Community and
Neighborhoods shall provide the property owner with written notice that:
a. Identifies whether the property is in compliance.
b. Identify any deficiency in the information provided by the owner.
c. Assesses any penalty that is due as a result of an identified noncompliance.
4. After receipt of the notice from the Director of Community and Neighborhoods that
indicates noncompliance, the property owner shall:
a. Cure the identified noncompliance within 30 days of such notice and
concurrently submit an updated report of then-current operations of the
property that demonstrates compliance; or
(1) Property owners can request an extension in writing prior to the
expiration of the 30-day cure period identified above. The request shall
include an explanation of the efforts to correct the non-compliance and
the reason the extension is needed. The Director of Community and
Neighborhoods will review and determine if the timeframe and
extension are appropriate and whether or not fines shall be stayed
during any approved extension. Upon expiration of the extension
granted by the Director the property owner shall submit an updated
report of then-current operations of the property that demonstrates
compliance.
b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any
noncompliance within 14 days of achieving compliance. Any fine or fee shall
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be assessed from the first identified date that the property is not in
compliance.
5. The city may contract with another entity for review of the requirements in this
section.
6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20,
except as set forth below in 21A.52.050.E.
E. Enforcement: Violations of this Chapter, or the restrictive covenant on the property
as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to
21A.20. The city shall have the additional remedies for violations as set forth below.
1. Lien on Property. If the property owner fails to make payment of the outstanding
fines, then after 90 days or when fines reach $5,000, the division will issue a
statement of outstanding fines. If the property owner fails to make payment within
14 days, then the division may certify the fines set forth in the statement to the Salt
Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount
entered shall have the force and effect of a valid judgment of the district court, is a
lien on the property, and shall be collected by the treasurer of the county in which
the property is located at the time of the payment of general taxes. Upon payment
of the amount set forth in the statement, the judgment is satisfied, the lien is
released from the property, and receipt shall be acknowledged upon the general tax
receipt issued by the treasurer.
2. Revocation of Business License. Upon a determination of the division that the
property is in violation of this Chapter the city may suspend or revoke the business
license associated with the property. Any suspension or revocation of a license
shall not be imposed until a hearing is first held before the Director of Community
and Neighborhoods or his/her successor. The licensee shall be given at least 14
days’ notice of the time and place of the hearing, together with the nature of the
charges against the licensee. The licensee may appear in person or through an
officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to
confront and cross-examine witnesses. The Director of Community and
Neighborhoods shall make a decision based upon the evidence introduced at the
hearing and issue a written decision. The licensee may appeal to an appeals
hearing officer and thereafter to district court pursuant to 21A.16. If the license is
revoked or suspended it shall thereafter be unlawful for any person to engage in or
use, or permit to be used any property for any business with respect to which the
license has been suspended or revoked until a license shall be granted upon appeal
or due to the property’s compliance with this Chapter. No person whose license
has been revoked, and no person associated or connected with such person in the
conduct of such business, shall be granted a license for the same purpose for a
period of six months after the revocation has occurred. The Director may, for good
cause, waive the prohibition against persons formerly associated or connected with
an individual who has had a license revoked.
F. Eligibility Standards: Developments shall meet the criteria below to be eligible for
the authorized incentives:
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1. Restrictive Covenant Required:
a. Any owner who uses the incentives of this chapter shall enter into a
legally binding restrictive covenant, the form of which shall be
approved by the city attorney. Prior to the issuance of a building
permit for construction of a building using the incentives, the
restrictive covenant shall be filed with the Salt Lake County Recorder.
The agreement shall provide for the following, without limitation:
acknowledge the use of the incentives, the nature of the approval and
any conditions thereof, the affordability requirements, the terms of
compliance with all applicable regulations, shall guarantee compliance
for a term of 30 years, and the potential enforcement actions for any
violation of the agreement. The agreement shall be recorded on the
property with the Salt Lake County Recorder, guarantees that the
affordability criteria will be met for at least 30 years, and is
transferrable to any future owner.
b. For an affordable homeownership unit, a notice of sale shall be
provided to the city and the city shall have a right of first refusal to any
sale of the property in accordance with a future sales price that is
capped to comply with section 21A.52.050.F.2.b.2 below.
2. The affordable units shall be both income and rent/housing payment
restricted.
a. Income Restriction - The affordable units shall be made available only
to Eligible Households that are qualifying occupants with an annual
income at or below the SLC Area Median Income (“AMI”) as
applicable for the given affordable unit for Salt Lake City Utah, U.S.
Department of Housing and Urban Development (“HUD”) Metro
FMR Area (as periodically determined by the HUD and adjusted for
household size).
b. Rent/Housing Payment Restriction
(1) For an affordable rental unit, the monthly rent, including all
required housing costs per unit, such as utilities and other
charges uniformly assessed to all apartment units other than
charges for optional services, shall be set forth in a written
lease and shall not exceed, for the term of the lease, the
maximum monthly gross rental rate published annually by the
Utah Housing Corporation for affordable units located in Salt
Lake City for the percentage AMI as applicable for the given
affordable unit type.
(2) For an affordable homeownership unit, the annualized housing
payment, including mortgage principal and interest, private
mortgage insurance, property taxes, condominium and/or
homeowner's association fees, insurance, and parking, shall not
exceed thirty percent (30%) of the maximum monthly income
permissible for the AMI as applicable for the given affordable
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unit, assuming a household size equal to the number of
bedrooms in the unit plus one person.
3. Comparable units: Affordable units shall be comparable to market rate units
in the development including entrance location, dispersion throughout the
building or site, number of bedrooms (unless otherwise permitted), access to
all amenities available to the market rate units in the development, or as set
forth in the terms of the restrictive covenant. This section does not apply to
units in single- and two-family zoning districts.
4. The property owner shall be ineligible for affordable housing incentives
pursuant to this Chapter if the property owner or its principals, partners, or
agents are under enforcement for any violation of title 11, 18, 20, or 21.
G. Incentives: Developments are eligible for the incentives identified in this section.
Table 21A.52.050.G establishes the affordability requirements based on the zoning
district of the property. Sections 1 through 4 establish the modifications allowed
within each zoning district in order to be eligible for the affordability incentives. To
use the incentives, developments shall comply with the criteria applicable to the base
zoning districts.
Table 21A.52.050.G
Incentive Types
Types Incentive
Type A. Applicable to the single- and
two-family zoning districts: FR-1,
FR-2, FR-3, R-1/12,000, R-1/7,000,
R-1/5,000, R-2, SR-1, SR-1A, and
SR-3.
Dwelling units shall meet the requirements for an
affordable rental or homeownership unit affordable to
those with incomes at or below 80% AMI.
New construction: At least 50% of the provided
dwelling units shall be affordable.
Existing building maintained: A minimum of one of
the dwelling units shall be affordable provided the
existing building is maintained as required in
21A.52.050.H.1.c.
Type B. Applicable to residential
multifamily zoning districts: RMF-
30, RMF-35, RMF-45, and RMF-75
An affordable rental unit shall meet a minimum of at
least one of the following affordability criteria:
1. 40% of units shall be affordable to those with
incomes at or below 60% AMI;
2. 20% of units shall be affordable to those with
incomes at or below 50% AMI; or
3. 40% of units shall be affordable to those with
incomes averaging no more than 60% AMI
and these units shall not be occupied by those
with an income greater than 80% AMI.
For sale owner occupied units: An affordable
homeownership unit shall provide a minimum of 50%
of units affordable to those with incomes at or below
80% AMI.
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Type C. Applicable to zoning
districts not otherwise specified.
Affordable rental or homeownership units shall meet
a minimum of at least one of the affordability criteria
identified. Any fractional number of units required
shall be rounded up to the nearest whole number.
1. 20% of units are restricted as affordable to
those with an income at or below 80% AMI;
2. 10% of units are restricted as affordable to
those with an income at or below 60% AMI;
3. 10% of units are restricted as affordable to
those with an average income at or below 60%
AMI and these units shall not be occupied by
those with an income greater than 80% AMI;
4. 5% of units are restricted as affordable to
those with an income at or below 30% AMI;
5. 10% of units are restricted as affordable to
those with an income at or below 80% AMI
when the affordable units have two or more
bedrooms;
6. 5% of units are restricted as affordable to
those with an income at or below 60% AMI
when the affordable units have two or more
bedrooms; or
7. 5% of the units are restricted as affordable to
those with an income at or below 80% AMI
when the affordable units have three or more
bedrooms.
1. Single- and Two-Family Zoning Districts: The following housing types: twin
home and two-family, three-family dwellings, four-family dwellings, row houses,
sideways row houses, and cottage developments are authorized in the FR-1, FR-2,
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning
districts provided the affordability requirements in for Type A in Table
21A.52.050.G are met.
2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying
provisions for density found in the minimum lot area and lot width tables for
the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the
RMF-30 zoning district, the minimum lot size per dwelling unit does not apply,
provided the affordability requirements for Type B in Table 21A.52.050.G are
met.
3. Incentives in the CB Community Business, CC Corridor Commercial, CG
General Commercial, and I Institutional Zoning Districts:
a. The following housing types: row houses, sideways row houses, and
cottage developments are authorized in zoning districts provided the
affordability requirements in subsection b. are complied with;
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b. To be eligible for the incentives listed in this section, a development
shall meet the affordability requirements for Type C in Table
21A.52.050.G.
4. The following incentives are authorized in zoning districts provided the
affordability requirements for Type C in Table 21A.52.050.G are complied with:
a. Administrative design review provided the noticing requirements of
21A.10.020.B and the standards in 21A.59 are met. Early engagement
notice requirements to recognized organizations are not applicable.
b. Additional building height as indicated in the following sections:
(1) Residential districts:
Zoning
District
Permitted Maximum Height with Incentive
RMU-35 45’ with administrative Design Review, regardless of abutting use or zone.
RMU-45 55’ with administrative Design Review, regardless of abutting use or zone.
RB May build one additional story equal to or less than the average height of the
other stories in the building. Density limitations listed in the land use table do
not apply.
RMU May build three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
RO May build one additional story equal to or less than the average height of the
other stories in the building.
(2) Commercial Districts:
Zoning
District
Permitted Maximum Height with Incentive
SNB May build one additional story equal to or less than the average height of the
other stories in the building.
CB May build one additional story equal to or less than the average height of the
other stories in the building.
CN May build one additional story equal to or less than the average height of the
other stories in the building.
CC 45’ with administrative Design Review; additional landscaping may be met by
meeting requirements in 21A.52.050.H.3.c.5.
CG May build two additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
May build three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review for properties
in the mapped area in Figure 21A.26.070.G.
CSHBD1 105’ and two additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
CSHBD2 60’ with administrative Design Review and one additional story equal to or less
than the average height of the other stories in the building with administrative
Design Review.
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TSA-
Transition
May build one additional story equal to or less than the average height of the
other stories in the building with administrative review.
TSA-Core May build two additional stories equal to or less than the average height of the
other stories in the building with administrative review.
(3) Form-based districts:
[Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to
Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.]
Zoning
District
Permitted Maximum Height with Incentive
FB-UN3 125’ and three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
FB-UN2 May build one additional story equal to the average height of the other stories in
the building.
FB-SC May build one additional story equal to the average height of the other stories in
the building.
FB-SE May build one additional story equal to the average height of the other stories in
the building.
FB-UN1 May build up to three stories and 30’ in height.
[Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant
to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should
be codified.]
Zoning
District
Permitted Maximum Height with Incentive
FB-UN2 May build one additional story equal to the average height of the other stories
in the building.
FB-SC May build one additional story equal to the average height of the other stories
in the building.
FB-SE May build one additional story equal to the average height of the other stories
in the building.
FB-UN1 May build up to three stories and 30’ in height.
(4) Downtown districts:
Zoning
District
Permitted Maximum Height with Incentive
D-1 Administrative Design Review is permitted when a Design Review process is
required.
D-2 Two additional stories equal to or less than the average height of the other stories
in the building with administrative Design Review.
D-3 Three additional stories equal to or less than the average height of the other
stories in the building with administrative Design Review.
22
D-4 Three additional stories equal to or less than the average height of the stories
permitted with administrative Design Review. 375’ and administrative Design
Review in mapped area in 21A.30.045.E.2.b.
(5) Other districts:
Zoning
District
Permitted Maximum Height with Incentive
GMU Two additional stories equal to or less than the average height of the other
stories in the building with administrative Design Review.
MU 60’ with residential units and administrative Design Review.
c. Administrative Design Review is permitted for the following:
(6) Buildings in the CSHBD1 and CSHBD2 zoning district
that exceed 20,000 square feet in size.
(7) Buildings in the CB zoning district that exceed 7,500
gross square feet of floor area for a first-floor footprint or
in excess of 15,000 gross square feet floor area.
5. Planned Developments: A Planned Development is not required when the purpose
of the planned development is due to the following reasons cited below, subject to
approval by other city departments. If a development proposes any modification
that is not listed below, planned development approval is required. To be eligible
for the incentives in this section, a development shall meet the affordability
requirements for the applicable zoning district in Table 21A.52.040.
a. Multiple Buildings on a Single Parcel: More than one principal
building may be located on a single parcel and are allowed without
having public street frontage. This allowance supersedes the
restrictions of 21A.36.010.B;
b. Principal buildings with frontage on a paved public alley;
c. Principal buildings with frontage on a private street;
d. Development located in the Community Shopping (CS) “Planned
Development Review” in 21A.26.040.C.
H. Development Regulations: The following development regulations are intended to
provide supplemental regulations and modify standards of the base zoning district for
the purpose of making the affordable housing incentives more feasible and
compatible with existing development. Base zoning standards apply unless
specifically modified by this section and are in addition to modifications authorized in
subsection 21A.52.050.G. If there are conflicts with design standards, the more
restrictive regulation shall apply and take precedence. These standards are not
allowed to be modified through the planned development process.
1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2,
SR-1, SR-1A, and SR-3 zoning districts:
a. Parking: Unless there is a lesser parking requirement in 21A.44, only
one off-street parking space per unit is required. One detached garage
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or covered parking space, no greater than 250 sq. ft. per unit, may be
provided for each unit and these structure(s) may exceed the yard and
building coverage requirements for accessory structures. When
covered parking is provided, the 250 sq. ft. per unit of covered parking
may be combined into a single structure for each required parking stall
provided.
b. Yards: Minimum required yards shall apply to the perimeter of the
development and not to the individual principal buildings within the
development.
c. Density:
(1) Lots approved through a planned development prior to the
effective date of this chapter are required to go through a major
modification of the planned development to use the incentives.
(2) Lots may contain up to four units. Existing lots may be
divided such that each unit is on its own lot. The new lots are
exempt from minimum lot area, lot width, and lot frontage
requirements.
(3) An accessory dwelling unit (ADU) is considered one unit and
counts toward the number of units permitted.
(4) Arrangement of dwellings:
(A) New dwelling units may be arranged in any manner
within a building, as a second detached dwelling, as
attached units, or a cottage development with three or
more detached dwellings, within the buildings that are
part of the cottage development.
(B) When an existing building is maintained, new units
may be added internal to the existing structure, as an
addition, or as a second detached dwelling. Any
addition must comply with the standards of the base
zoning district; however, the addition may contain
additional units. 50% of the exterior walls of the
existing dwelling, including the front elevation, shall
remain as exterior walls.
(C) The units shall comply with this section, applicable
requirements of the base zoning district, and any
applicable overlay district.
2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the
following provisions shall apply:
a. Unit Mix: No more than 25% of the units in the development shall be
less than 500 square feet to promote a mix of unit sizes.
b. Parking: Unless there is a lesser parking requirement in 21A.44, only
one off-street parking space per unit is required in multifamily
developments with less than 10 units.
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c. Yards: The minimum required yards shall apply to the perimeter of the
development and not to the individual principal buildings within the
development.
d. Lot width: Minimum lot width requirements do not apply.
3. In addition to applicable requirements in 1. and 2. above, the following provisions
apply to the specific building types listed:
a. Row house and Sideways row house
(1) Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard of
the base zoning district apply.
(B) Side yards: A minimum of 10 feet on one side of the
building and 6 feet on the other interior side yard
unless a greater yard is required by the base zoning
district
(C) Rear yard: The rear yard of the base zoning district
applies.
(2) Number of Units: To qualify for incentives in the FR-1, FR-2,
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-
1A zoning districts there is a minimum of three and a
maximum of four residential dwelling units per building.
(3) Building length facing street:
(A) The building length shall not exceed 60 feet or the
average of the block face, whichever is less, in FR-1,
FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R-
2, SR-1, and SR-1A districts;
(B) The building length shall not exceed 100 feet in the
RMF-30, RMF-35, RMF-45 and RMF-75 districts;
and
(C) The building length shall not exceed 175 feet in other
zoning districts.
(4) Building entry facing street: At least one operable building
entrance on the ground floor is required for each unit facing
the primary street facing façade. All units adjacent to a
public street shall have the primary entrance on the street
facing façade of the building with an unenclosed entry porch,
canopy, or awning feature. The entry feature may encroach in
the front yard setback, but the encroachment shall not be
closer than 5 feet from the front property line.
(5) Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the facade adjacent to a street. Other materials proposed to
satisfy the durable requirement may be approved at the
discretion of the Planning Director if it is found that the
25
proposed material is durable and is appropriate for the
structure.
(6) Parking requirement and location: Unless there is a lesser
parking requirement in 21A.44, only one off-street parking
space per unit is required. All provided parking shall be
located to the side of the street facing building façade, behind
a principal structure that has frontage on a street, or within
the principal structure subject to any other applicable
provision.
(7) Garage doors facing street: Garage doors are prohibited on
the façade of the building that is parallel to, or located along,
a public street.
(8) Personal outdoor space: Each unit shall have a minimum
outdoor space of 60 square feet where the minimum
measurement of any side cannot be less than 6 feet.
(9) Glass: The surface area of the façade of each floor facing a
street must contain a minimum of 15% glass.
(10) Blank wall: The maximum length of any blank wall
uninterrupted by windows, doors, or architectural detailing at
the ground floor level along any street facing façade is 15’.
(11) Screening of mechanical equipment: All mechanical
equipment shall be screened from public view and sited to
minimize their visibility and impact. Examples of siting
include on the roof, enclosed or otherwise integrated into the
architectural design of the building, or in a rear or side yard
area subject to yard location restrictions found in section
21A.36.020, table 21A.36.020B, “Obstructions In Required
Yards” of this title.
Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House
Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House
26
b. Cottage Development
(1) Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard of the
base zoning district apply.
(B) Side yards: A minimum of 10 feet on one side of the
property line and 6 feet on the other interior side yard,
unless a greater yard is required by the base zoning
district.
(C) Rear yard: The rear yard of the base zoning district
applies.
(2) Setbacks Between Individual Cottages: All cottages shall have
a minimum setback of eight feet from another cottage.
(3) Area: No cottage shall have more than 850 square feet of gross
floor area, excluding basement area. There is no minimum
square foot requirement.
(4) Building Entrance: All building entrances shall face a public
street or a common open space.
(5) Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the facade adjacent to a street. Other materials proposed to
satisfy the durable requirement may be approved at the
discretion of the Planning Director if it is found that the
27
proposed material is durable and is appropriate for the
structure.
(6) Open Space: A minimum of 250 square feet of common, open
space is required per cottage. At least 50% of the open space
shall be in a courtyard or other common, usable open space.
The development shall include landscaping, walkways or other
amenities intended to serve the residents of the development.
(7) Personal Outdoor Space: In addition to the open space
requirement in this section, a minimum of 120 square feet of
private open space is required per cottage. The open space
shall provide a private yard area for each cottage and will be
separated with a fence, hedge, or other visual separation to
distinguish the private space.
(8) Parking: Unless there is a lesser parking requirement in
21A.44, one off-street parking space per unit is required. All
provided parking shall be located to the side of a street facing
building façade, behind a principal structure that has frontage
on a street, or within the principal structure subject to any other
applicable provision.
c. In addition to applicable requirements in 21A.52.050.H above, the
following provisions apply to all other buildings containing more than two
residential units. If the base zone has a greater design standard
requirement, that standard applies.
(1) Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard
setback of the base zoning district apply.
(B) Side yards: For housing types not otherwise allowed in
the zoning district, a minimum of 10 feet on each side
property line, unless a greater setback is required for
single-family homes.
(C) Rear yards: The rear yard of the base zoning district
applies.
(2) Building entrances: The ground floor shall have a primary
entrance on the street facing façade of the building with an
unenclosed entry porch, canopy, or awning feature. Stairs to
second floor units are not permitted on street facing elevations.
(3) Glass: The surface area of the façade of each floor facing a
street must contain a minimum of 15% glass.
(4) Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the facade adjacent to a street. Other materials proposed to
satisfy the durable requirement may be approved at the
discretion of the Planning Director if it is found that the
28
proposed material is durable and is appropriate for the
structure.
(5) Open space: Open space area may include landscaped yards,
patios, dining areas, and other similar outdoor living spaces.
All required open space areas shall be accessible to all
residents or users of the building.
(A) Single- and two-family zoning districts: 120 sq. ft. of
open space with a minimum width of 6 ft. shall be
provided for each building with a dwelling.
(B) All other zoning districts: A minimum of 10% of the
land area within the development shall be open space,
up to 5,000 square feet. Open space may include
courtyards, rooftop and terrace gardens and other
similar types of open space amenities. All required
open space areas shall be accessible to all residents or
users of the building.
d. Single- and Two-family Dwellings: No additional design standards except
as identified in 21A.24.
e. Unit Limits: For overall development sites with more than 125 units, no
more than 50% of units shall be designated as affordable units.
f. Lots without public street frontage may be created to accommodate
developments without planned development approval subject to the
following standards:
(1) Required yards shall be applied to the overall development
site not individual lots within the development. The front and
corner yards of the perimeter shall be maintained as landscaped
yards;
(2) Lot coverage shall be calculated for the overall development
not individual lots within the development; and
(3) Required off street parking stalls for a unit within the
development are permitted on any lot within the development.
(4) The subdivision shall be finalized with a final plat and the final
plat shall document that the new lot(s) has adequate access to a
public street by way of easements or a shared driveway or
private street; and
(5) An entity, such as a homeowner association, must be
established for the operation and maintenance of any common
infrastructure. Documentation establishing that entity must be
recorded with the final plat.
SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That
Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose
Statements) shall be and hereby is amended to read as follows:
29
1. Affordable housing that meets the requirements of 21A.52.050.
SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section
21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and
hereby is amended to add the following terms in the list of defined terms to be inserted into that list
in alphabetical order:
Affordable Housing
Affordable Housing Incentives Development
Dwelling, Three-family
Dwelling, Four-family
Dwelling, Row House
Dwelling, Sideways Row House
Dwelling, Cottage Development
SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That
Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall
be and hereby is amended as follows:
a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of
“AFFORDABLE HOUSING” be added and inserted into the list of definitions in
alphabetical order and read as follows:
AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable,
rent-restricted. The affordable units shall be made available only to individuals and
households that are qualifying occupants at or below the applicable percentage of the area
median income for the Salt Lake City Utah, U.S. Department of Housing and Urban
Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as
periodically determined by HUD and adjusted for household size) and published by the Utah
Housing Corporation, or its successor. Affordable (30% of gross income for housing costs,
including utilities) housing units must accommodate at least one of the following categories:
a. Extremely Low-Income Affordable Units: Housing units accommodating up to
30% AMI;
b. Very Low-Income Affordable Units: Housing units accommodating up to greater than
30% and up to 50% AMI; or
c. Low-Income Affordable Units: Housing units accommodating greater than 50% and
up to 80% AMI.
30
b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES
DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES
DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order
and read as follows:
AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that
meets the criteria in 21A.52.050.
c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of
“DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in
alphabetical order and read as follows:
DWELLING, THREE-FAMILY: A detached building containing three dwelling units.
d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of
“DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in
alphabetical order and read as follows:
DWELLING, FOUR-FAMILY: A detached building containing four dwelling units.
e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of
“DWELLING, ROW HOUSE” be added and inserted into the list of definitions in
alphabetical order and read as follows:
DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least
one common wall with an adjacent dwelling unit and where the entry of each unit faces a
public street. Units may be stacked vertically and/or attached horizontally. Each attached unit
may be on its own lot.
f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition
of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of
definitions in alphabetical order and read as follows:
DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that
share at least one common wall with an adjacent dwelling unit and where the entry of each
31
unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or
attached horizontally. Each attached unit may be on its own lot.
g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the
definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into
the list of definitions in alphabetical order and read as follows:
DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified
development that contains a minimum of two and a maximum of eight detached dwelling
units with each unit appearing to be a small single-family dwelling with a common green or
open space. Dwellings may be located on separate lots or grouped on one lot.
SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee
Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the
attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule
shall be published on the official Salt Lake City website.
SECTION 21. Effective Date. This Ordinance shall become effective on the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2023.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
32
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2023.
Published: ______________.
Ordinance creating zoning incentives and affordable housing incentives
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
July 7, 2023
33
EXHIBIT A
Service Fee Additional Information Section
Affordable Housing Incentives Fines
Noncompliance violation $100/affordable
unit/day
Plus rental difference 21A.20.040.B