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Legislative Version Ordinance - 8/8/20231 SALT LAKE CITY ORDINANCE 1 2 No. _____ of 2023 3 4 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code 5 establishing a chapter for zoning incentives and adding affordable housing incentives) 6 7 An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant 8 to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing 9 incentives. 10 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held 11 public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former 12 Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various 13 sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing 14 incentives; and 15 WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of 16 transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said 17 petition; and 18 WHEREAS, the City Council requests a report on costs and benefits of implementation 19 of the affordable housing incentives 24 months following adoption; and 20 WHEREAS, after a public hearing on this matter the City Council has determined that 21 adopting this ordinance is in the city’s best interests. 22 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 23 SECTION 1. Amending the text of Salt Lake City Code Section 21A.20.040. That Section 24 21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is 25 amended to read as follows: 26 2 A. If the violations are not corrected by the citation deadline, civil fines shall accrue at 27 twenty five dollars ($25.00) a day per violation for those properties legally used for 28 purposes that are solely residential uses, and one hundred dollars ($100.00) a day per 29 violation for those properties used for purposes that are not residential uses. 30 B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the 31 citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule 32 per day per violation. If the violation(s) include renting an affordable rental unit in excess 33 of the approved rental rate then an additional monthly fine shall accrue that is the 34 difference between the market rate of the unit and the approved rental rate that is agreed 35 to by the applicant at the time of approval for a project using the incentives. 36 37 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That 38 Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000 39 Single-family Residential District) shall be and hereby is amended to read as follows: 40 A. Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is 41 to provide for conventional single-family residential dwellings and affordable housing 42 incentives developments with up to four units on residential neighborhoods with lots 43 twelve thousand (12,000) square feet in size or larger. This district is appropriate in areas 44 of the City as identified in the applicable community Master Plan. Uses are intended to be 45 compatible with the existing scale and intensity of the neighborhood. The standards for 46 the district are intended to provide for safe and comfortable places to live and play, 47 promote sustainable and compatible development patterns and to preserve the existing 48 character of the neighborhood. 49 50 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That 51 Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000 52 Single-family Residential District) shall be and hereby is amended to read as follows: 53 A. Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to 54 provide for conventional single-family residential dwellings and affordable housing 55 incentives developments with up to four units on residential neighborhoods with lots not 56 less than seven thousand (7,000) square feet in size. This district is appropriate in areas of 57 the City as identified in the applicable community Master Plan. Uses are intended to be 58 compatible with the existing scale and intensity of the neighborhood. The standards for 59 the district are intended to provide for safe and comfortable places to live and play, 60 promote sustainable and compatible development patterns and to preserve the existing 61 character of the neighborhood. 62 63 3 SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That 64 Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000 65 Single-family Residential District) shall be and hereby is amended to read as follows: 66 A. Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to 67 provide for conventional single-family residential dwellings and affordable housing 68 incentives developments with up to four units on residential neighborhoods with lots not 69 less than five thousand (5,000) square feet in size. This district is appropriate in areas of 70 the City as identified in the applicable community Master Plan. Uses are intended to be 71 compatible with the existing scale and intensity of the neighborhood. The standards for 72 the district are intended to provide for safe and comfortable places to live and play, 73 promote sustainable and compatible development patterns and to preserve the existing 74 character of the neighborhood. 75 76 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That 77 Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and 78 Two-family Residential District) shall be and hereby is amended to read as follows: 79 A. Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District 80 is to preserve and protect for single-family dwellings the character of existing 81 neighborhoods which exhibit a mix of predominantly single- and two-family dwellings 82 by controlling the concentration of two-family dwelling units. Uses are intended to be 83 compatible with the existing scale and intensity of the neighborhood. The standards for 84 the district are intended to provide for safe and comfortable places to live and play and to 85 promote sustainable and compatible development patterns. 86 87 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That 88 Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU 89 Residential/Mixed Use District) shall be and hereby is amended to read as follows: 90 F. Maximum Building Height: The maximum building height shall not exceed seventy five 91 feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1 92 and F2 of this section. Buildings taller than seventy five feet (75'), up to a maximum of 93 one hundred twenty five feet (125'), may be authorized through the design review process 94 (chapter 21A.59 of this title) and provided, that the proposed height is located within the 95 one hundred twenty five foot (125') height zone indicated in the map located in 96 subsection F3 of this section. 97 1. Maximum height for nonresidential buildings: Forty five feet (45'). 98 2. Maximum floor area coverage of nonresidential uses in mixed use 99 buildings of residential and nonresidential uses: Three (3) floors. 100 4 3. One hundred twenty five foot (125') height zone map for the R-MU 101 District: 102 103 FIGURE 21A.24.170.F.3 104 105 106 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That 107 Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit 108 Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and 109 all notes thereto shall remain and are not amended herein): 110 5 2. Building Height: The minimum and maximum building heights are found in table 111 21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The following 112 exceptions apply: 113 a. The minimum building height applies to all structures that are adjacent to a public or 114 private street. The building shall meet the minimum building height for at least fifty 115 percent (50%) of the width of the street facing building wall. 116 b. Projects that achieve a development score that qualifies for administrative review are 117 eligible for an increase in height. The increase shall be limited to one story of 118 habitable space. The height of the additional story shall be equal to or less than the 119 average height of the other stories in the building. This is in addition to the height 120 authorized elsewhere in this title. 121 122 SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table 123 21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form 124 Based Special Purpose Corridor District) shall be and hereby is amended to read as follows: 125 TABLE 21A.27.040.C  126 FB-SC BUILDING FORM STANDARDS  127 Permitted Building Forms Multi-Family And Storefront   H   Maximum building height   Maximum building height in the FB-SC is 60 ft. An additional 15 ft. in height (for a total height of 75 ft.) may be permitted for residential uses if a minimum of 10% of the units are  affordable housing.   Limitation on commercial uses Commercial or nonresidential uses are limited to the first 3 stories and a height of 45 ft. This limitation does not apply to hotel/motel uses, which are limited to the maximum height of 75 ft. F Front and corner side yard setback Greenway Minimum of 5 ft. Maximum of 15 ft. Neighborhood Minimum of 15 ft. Maximum of 25 ft. Avenue Minimum of 5 ft. Maximum of 10 ft. Boulevard Minimum of 15 ft. Maximum of 25 ft. B Required built-to Minimum of 50% of any street facing facade shall be built to the minimum setback line. At least 10% of any street facing facade shall be built to the maximum setback line. S Interior side yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no 6 minimum setback is required. See illustration below. R Rear yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no minimum setback is required. See illustration below. L Minimum lot size 4,000 sq. ft.; not to be used to calculate density. W Minimum lot width 50 ft. DU Dwelling units per building form No minimum or maximum. Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of lot area provided all building forms have frontage on a street. 128 129 130 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 131 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 132 Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use 133 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 134 Uses for Residential Districts, in alphabetical order with other use categories in the table, which use 135 category shall read and appear in that table as follows: 136 7 Use Permitted And Conditional Uses By District FR-1/ 43,560 FR-2/ 21,780 FR-3/ 12,000 R-1/ 12,000 R-1/ 7,000 R-1/ 5,000 SR- 1 SR- 2 SR- 3 R- 2 RMF- 30 RMF- 35 RMF- 45 RMF- 75 RB R- MU- 35 R- MU- 45 R- MU RO Affordable Housing Incentives Development P P P P P P P P P P P P P P P P P P 137 8 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 138 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 139 Conditional Uses for Commercial Districts) shall be and hereby is amended only to add the use 140 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 141 Uses for Commercial Districts, in alphabetical order with other use categories in the table, which use 142 category shall read and appear in that table as follows: 143 9 Use Permitted and Conditional Uses by District CN CB CS1 CC CSHBD1 CG SNB Affordable Housing Incentives Development P P P P P P P 145 10 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 146 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 147 Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add 148 the use category “Affordable Housing Incentives Development” in the Table of Permitted and 149 Conditional Uses for Transit Station Area Districts, in alphabetical order with other use 150 categories in the table, which use category shall read and appear in that table as follows: 151 152 11 Use Permitted And Conditional Uses By District TSA-UC TSA-UN TSA-MUEC TSA-SP Core Transition Core Transition Core Transition Core Transition Affordable Housing Incentives Development P P P P P P P P 153 12 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 154 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 155 Conditional Uses for Downtown Districts) shall be and hereby is amended only to add the use 156 category “Affordable Housing Incentives Development” in the Table of Permitted and 157 Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the 158 table, which use category shall read and appear in that table as follows: 159 Use Permitted And Conditional Uses By District D-1 D-2 D-3 D-4 Affordable Housing Incentives Development P P P P 160 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 161 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 162 Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use 163 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 164 Uses for the Gateway District, which use category shall read and appear in that table as follows: 165 Use G-MU Affordable Housing Incentives Development P 166 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 167 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 168 Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use 169 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 170 Uses for Special Purpose Districts, which use category shall read and appear in that table as follows: 171 13 172 Use Permitted and Conditional Uses by District RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Affordable Housing Incentives Development P 173 14 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 174 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 175 Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use 176 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 177 Uses for Form Based Districts, which use category shall read and appear in that table as follows: 178 [Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to 179 Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] 180 Use Permitted Uses By District FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Affordable Housing Incentives Development P P P P P 181 [Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant 182 to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should 183 be codified.] 184 Use Permitted Uses By District FB-UN1 FB-UN2 FB-SC FB-SE Affordable Housing Incentives Development P P P P 185 SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of 186 the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new 187 Chapter 21A.52 Zoning Incentives and shall read as follows: 188 21A.52.010 PURPOSE: 189 The purpose of this chapter is to establish zoning incentives to support achieving adopted goals 190 within the City’s adopted plans and policy documents. 191 21A.52.020 APPLICABILITY: 192 This chapter applies as indicated within each subsection. 193 21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY 194 ZONING DISTRICTS: 195 15 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district 196 standards and requirements take precedence except as indicated in this section. 197 21A.52.040 APPROVAL PROCESS: 198 Any process required by this title shall apply to this chapter unless specifically exempt or 199 modified within this chapter. 200 A. The Planned Development process in 21A.55 may be modified as indicated within 201 this chapter. 202 B. The Design Review process in 21A.59 may be modified as indicated within this 203 chapter. 204 C. Developments authorized by this chapter are exempt from 21A.10.020.B.1. 205 21A.52.050 AFFORDABLE HOUSING INCENTIVES: 206 A. Purpose: The Affordable Housing Incentives encourage the development of 207 affordable housing. The provisions within this section facilitate the construction of 208 affordable housing by allowing more inclusive development than would otherwise be 209 permitted in the base zoning districts. Housing constructed using the incentives is 210 intended to be compatible in form with the neighborhood and provide for safe and 211 comfortable places to live and play. 212 B. Applicability: The provisions in this section provide optional incentives to 213 development projects that include affordable housing units. Unless specifically stated 214 below, all other applicable provisions in the base zoning district or 215 overlay districts shall apply. 216 C. Uses: Additional housing types are allowed in zones subject to compliance with this 217 section. 218 D. Reporting and Auditing: Property owners who use the incentives of this chapter are 219 required to provide a report that demonstrates compliance with this section and any 220 additional approvals associated with the use of incentives. The report shall be 221 submitted annually by April 30th and shall be reflective of the financial status at the 222 end of the previous calendar year. The report shall be submitted to the Director of 223 Community and Neighborhoods or successor. 224 1. Annual Report and Auditing: Each property owner shall submit a report that 225 demonstrates compliance with this chapter. 226 a. If applicable, the property owner shall submit a copy of the annual report(s) 227 provided to Utah Housing Corporation, Olene Walker Housing Loan Fund, 228 Housing Authority of Salt Lake City, Housing Connect, or similar funding 229 source as determined by the Department of Community and Neighborhoods, 230 or successors, confirming compliance with affordable housing conditions, 231 including tenant income and rent rates. 232 b. If an annual report is not submitted as required in 21A.52.050.D.1.a above, 233 the property owner shall provide a report that includes, but is not limited to 234 the following: 235 (1) The property location, tax ID number, and legal description. 236 (2) Property owner name, mailing address, and email address. 237 (3) Information on the dwelling units and tenants of the property receiving 238 the incentives that includes: 239 16 (A) The total number of dwelling units 240 (B) The number of bedrooms of each dwelling unit 241 (C) The rental rate of each dwelling unit 242 (D) Identify the dwelling units that comply with the level of 243 affordability identified in the approval to use the incentives and 244 a statement that the dwelling units are in compliance with the 245 approval requirements. 246 (E) Identify any change in occupancy to the units that are required 247 to be affordable under this section, including a change in the 248 number of people residing in each unit and any change in 249 tenant. Personal data is not required to be submitted. 250 (F) Confirm that income verification for all tenants was performed 251 on an annual basis. 252 (G) Identify any differences in rent between the agreed upon rental 253 rate in the approval to use the incentives and the actual rent 254 received for the identified affordable dwelling units. 255 (H) Identify any instance where an affordable dwelling unit was no 256 longer rented at the agreed upon level of affordability, the 257 length of time the dwelling unit was not in compliance with the 258 agreed upon level of affordability, and any remedy that was 259 taken to address the noncompliance. 260 2. Review of Annual Report: The Director of Community and Neighborhoods shall 261 review the report to determine if the report is complete. 262 3. Within 30 days of receipt of a complete report, the Director of Community and 263 Neighborhoods shall provide the property owner with written notice that: 264 a. Identifies whether the property is in compliance. 265 b. Identify any deficiency in the information provided by the owner. 266 c. Assesses any penalty that is due as a result of an identified noncompliance. 267 4. After receipt of the notice from the Director of Community and Neighborhoods that 268 indicates noncompliance, the property owner shall: 269 a. Cure the identified noncompliance within 30 days of such notice and 270 concurrently submit an updated report of then-current operations of the 271 property that demonstrates compliance; or 272 (1) Property owners can request an extension in writing prior to the 273 expiration of the 30-day cure period identified above. The request shall 274 include an explanation of the efforts to correct the non-compliance and 275 the reason the extension is needed. The Director of Community and 276 Neighborhoods will review and determine if the timeframe and 277 extension are appropriate and whether or not fines shall be stayed 278 during any approved extension. Upon expiration of the extension 279 granted by the Director the property owner shall submit an updated 280 report of then-current operations of the property that demonstrates 281 compliance. 282 b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any 283 noncompliance within 14 days of achieving compliance. Any fine or fee shall 284 17 be assessed from the first identified date that the property is not in 285 compliance. 286 5. The city may contract with another entity for review of the requirements in this 287 section. 288 6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20, 289 except as set forth below in 21A.52.050.E. 290 291 E. Enforcement: Violations of this Chapter, or the restrictive covenant on the property 292 as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to 293 21A.20. The city shall have the additional remedies for violations as set forth below. 294 1. Lien on Property. If the property owner fails to make payment of the outstanding 295 fines, then after 90 days or when fines reach $5,000, the division will issue a 296 statement of outstanding fines. If the property owner fails to make payment within 297 14 days, then the division may certify the fines set forth in the statement to the Salt 298 Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount 299 entered shall have the force and effect of a valid judgment of the district court, is a 300 lien on the property, and shall be collected by the treasurer of the county in which 301 the property is located at the time of the payment of general taxes. Upon payment 302 of the amount set forth in the statement, the judgment is satisfied, the lien is 303 released from the property, and receipt shall be acknowledged upon the general tax 304 receipt issued by the treasurer. 305 2. Revocation of Business License. Upon a determination of the division that the 306 property is in violation of this Chapter the city may suspend or revoke the business 307 license associated with the property. Any suspension or revocation of a license 308 shall not be imposed until a hearing is first held before the Director of Community 309 and Neighborhoods or his/her successor. The licensee shall be given at least 14 310 days’ notice of the time and place of the hearing, together with the nature of the 311 charges against the licensee. The licensee may appear in person or through an 312 officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to 313 confront and cross-examine witnesses. The Director of Community and 314 Neighborhoods shall make a decision based upon the evidence introduced at the 315 hearing and issue a written decision. The licensee may appeal to an appeals 316 hearing officer and thereafter to district court pursuant to 21A.16. If the license is 317 revoked or suspended it shall thereafter be unlawful for any person to engage in or 318 use, or permit to be used any property for any business with respect to which the 319 license has been suspended or revoked until a license shall be granted upon appeal 320 or due to the property’s compliance with this Chapter. No person whose license 321 has been revoked, and no person associated or connected with such person in the 322 conduct of such business, shall be granted a license for the same purpose for a 323 period of six months after the revocation has occurred. The Director may, for good 324 cause, waive the prohibition against persons formerly associated or connected with 325 an individual who has had a license revoked. 326 327 F. Eligibility Standards: Developments shall meet the criteria below to be eligible for 328 the authorized incentives: 329 18 1. Restrictive Covenant Required: 330 a. Any owner who uses the incentives of this chapter shall enter into a 331 legally binding restrictive covenant, the form of which shall be 332 approved by the city attorney. Prior to the issuance of a building 333 permit for construction of a building using the incentives, the 334 restrictive covenant shall be filed with the Salt Lake County Recorder. 335 The agreement shall provide for the following, without limitation: 336 acknowledge the use of the incentives, the nature of the approval and 337 any conditions thereof, the affordability requirements, the terms of 338 compliance with all applicable regulations, shall guarantee compliance 339 for a term of 30 years, and the potential enforcement actions for any 340 violation of the agreement. The agreement shall be recorded on the 341 property with the Salt Lake County Recorder, guarantees that the 342 affordability criteria will be met for at least 30 years, and is 343 transferrable to any future owner. 344 b. For an affordable homeownership unit, a notice of sale shall be 345 provided to the city and the city shall have a right of first refusal to any 346 sale of the property in accordance with a future sales price that is 347 capped to comply with section 21A.52.050.F.2.b.2 below. 348 349 2. The affordable units shall be both income and rent/housing payment 350 restricted. 351 a. Income Restriction - The affordable units shall be made available only 352 to Eligible Households that are qualifying occupants with an annual 353 income at or below the SLC Area Median Income (“AMI”) as 354 applicable for the given affordable unit for Salt Lake City Utah, U.S. 355 Department of Housing and Urban Development (“HUD”) Metro 356 FMR Area (as periodically determined by the HUD and adjusted for 357 household size). 358 b. Rent/Housing Payment Restriction 359 (1) For an affordable rental unit, the monthly rent, including all 360 required housing costs per unit, such as utilities and other 361 charges uniformly assessed to all apartment units other than 362 charges for optional services, shall be set forth in a written 363 lease and shall not exceed, for the term of the lease, the 364 maximum monthly gross rental rate published annually by the 365 Utah Housing Corporation for affordable units located in Salt 366 Lake City for the percentage AMI as applicable for the given 367 affordable unit type. 368 (2) For an affordable homeownership unit, the annualized housing 369 payment, including mortgage principal and interest, private 370 mortgage insurance, property taxes, condominium and/or 371 homeowner's association fees, insurance, and parking, shall not 372 exceed thirty percent (30%) of the maximum monthly income 373 permissible for the AMI as applicable for the given affordable 374 19 unit, assuming a household size equal to the number of 375 bedrooms in the unit plus one person. 376 3. Comparable units: Affordable units shall be comparable to market rate units 377 in the development including entrance location, dispersion throughout the 378 building or site, number of bedrooms (unless otherwise permitted), access to 379 all amenities available to the market rate units in the development, or as set 380 forth in the terms of the restrictive covenant. This section does not apply to 381 units in single- and two-family zoning districts. 382 4. The property owner shall be ineligible for affordable housing incentives 383 pursuant to this Chapter if the property owner or its principals, partners, or 384 agents are under enforcement for any violation of title 11, 18, 20, or 21. 385 386 G. Incentives: Developments are eligible for the incentives identified in this section. 387 Table 21A.52.050.G establishes the affordability requirements based on the zoning 388 district of the property. Sections 1 through 4 establish the modifications allowed 389 within each zoning district in order to be eligible for the affordability incentives. To 390 use the incentives, developments shall comply with the criteria applicable to the base 391 zoning districts. 392 Table 21A.52.050.G 393 Incentive Types Types Incentive Type A. Applicable to the single- and two-family zoning districts: FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3. Dwelling units shall meet the requirements for an affordable rental or homeownership unit affordable to those with incomes at or below 80% AMI. New construction: At least 50% of the provided dwelling units shall be affordable. Existing building maintained: A minimum of one of the dwelling units shall be affordable provided the existing building is maintained as required in 21A.52.050.H.1.c. Type B. Applicable to residential multifamily zoning districts: RMF- 30, RMF-35, RMF-45, and RMF-75 An affordable rental unit shall meet a minimum of at least one of the following affordability criteria: 1. 40% of units shall be affordable to those with incomes at or below 60% AMI; 2. 20% of units shall be affordable to those with incomes at or below 50% AMI; or 3. 40% of units shall be affordable to those with incomes averaging no more than 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. For sale owner occupied units: An affordable homeownership unit shall provide a minimum of 50% of units affordable to those with incomes at or below 80% AMI. 20 Type C. Applicable to zoning districts not otherwise specified. Affordable rental or homeownership units shall meet a minimum of at least one of the affordability criteria identified. Any fractional number of units required shall be rounded up to the nearest whole number. 1. 20% of units are restricted as affordable to those with an income at or below 80% AMI; 2. 10% of units are restricted as affordable to those with an income at or below 60% AMI; 3. 10% of units are restricted as affordable to those with an average income at or below 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI; 4. 5% of units are restricted as affordable to those with an income at or below 30% AMI; 5. 10% of units are restricted as affordable to those with an income at or below 80% AMI when the affordable units have two or more bedrooms; 6. 5% of units are restricted as affordable to those with an income at or below 60% AMI when the affordable units have two or more bedrooms; or 7. 5% of the units are restricted as affordable to those with an income at or below 80% AMI when the affordable units have three or more bedrooms. 394 1. Single- and Two-Family Zoning Districts: The following housing types: twin 395 home and two-family, three-family dwellings, four-family dwellings, row houses, 396 sideways row houses, and cottage developments are authorized in the FR-1, FR-2, 397 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning 398 districts provided the affordability requirements in for Type A in Table 399 21A.52.050.G are met. 400 2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying 401 provisions for density found in the minimum lot area and lot width tables for 402 the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the 403 RMF-30 zoning district, the minimum lot size per dwelling unit does not apply, 404 provided the affordability requirements for Type B in Table 21A.52.050.G are 405 met. 406 3. Incentives in the CB Community Business, CC Corridor Commercial, CG 407 General Commercial, and I Institutional Zoning Districts: 408 a. The following housing types: row houses, sideways row houses, and 409 cottage developments are authorized in zoning districts provided the 410 affordability requirements in subsection b. are complied with; 411 21 b. To be eligible for the incentives listed in this section, a development 412 shall meet the affordability requirements for Type C in Table 413 21A.52.050.G. 414 415 4. The following incentives are authorized in zoning districts provided the 416 affordability requirements for Type C in Table 21A.52.050.G are complied with: 417 a. Administrative design review provided the noticing requirements of 418 21A.10.020.B and the standards in 21A.59 are met. Early engagement 419 notice requirements to recognized organizations are not applicable. 420 b. Additional building height as indicated in the following sections: 421 (1) Residential districts: 422 Zoning District Permitted Maximum Height with Incentive RMU-35 45’ with administrative Design Review, regardless of abutting use or zone. RMU-45 55’ with administrative Design Review, regardless of abutting use or zone. RB May build one additional story equal to or less than the average height of the other stories in the building. Density limitations listed in the land use table do not apply. RMU May build three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. RO May build one additional story equal to or less than the average height of the other stories in the building. 423 (2) Commercial Districts: 424 425 Zoning District Permitted Maximum Height with Incentive SNB May build one additional story equal to or less than the average height of the other stories in the building. CB May build one additional story equal to or less than the average height of the other stories in the building. CN May build one additional story equal to or less than the average height of the other stories in the building. CC 45’ with administrative Design Review; additional landscaping may be met by meeting requirements in 21A.52.050.H.3.c.5. CG May build two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. May build three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review for properties in the mapped area in Figure 21A.26.070.G. CSHBD1 105’ and two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. CSHBD2 60’ with administrative Design Review and one additional story equal to or less than the average height of the other stories in the building with administrative Design Review. 22 TSA- Transition May build one additional story equal to or less than the average height of the other stories in the building with administrative review. TSA-Core May build two additional stories equal to or less than the average height of the other stories in the building with administrative review. 426 427 (3) Form-based districts: 428 [Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to 429 Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] 430 Zoning District Permitted Maximum Height with Incentive FB-UN3 125’ and three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. FB-UN2 May build one additional story equal to the average height of the other stories in the building. FB-SC May build one additional story equal to the average height of the other stories in the building. FB-SE May build one additional story equal to the average height of the other stories in the building. FB-UN1 May build up to three stories and 30’ in height. 431 [Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant 432 to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should 433 be codified.] 434 435 Zoning District Permitted Maximum Height with Incentive FB-UN2 May build one additional story equal to the average height of the other stories in the building. FB-SC May build one additional story equal to the average height of the other stories in the building. FB-SE May build one additional story equal to the average height of the other stories in the building. FB-UN1 May build up to three stories and 30’ in height. 436 (4) Downtown districts: 437 438 439 Zoning District Permitted Maximum Height with Incentive D-1 Administrative Design Review is permitted when a Design Review process is required. D-2 Two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. D-3 Three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. 23 D-4 Three additional stories equal to or less than the average height of the stories permitted with administrative Design Review. 375’ and administrative Design Review in mapped area in 21A.30.045.E.2.b. 440 (5) Other districts: 441 442 Zoning District Permitted Maximum Height with Incentive GMU Two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. MU 60’ with residential units and administrative Design Review. 443 c. Administrative Design Review is permitted for the following: 444 (6) Buildings in the CSHBD1 and CSHBD2 zoning district 445 that exceed 20,000 square feet in size. 446 (7) Buildings in the CB zoning district that exceed 7,500 447 gross square feet of floor area for a first-floor footprint or 448 in excess of 15,000 gross square feet floor area. 449 450 5. Planned Developments: A Planned Development is not required when the purpose 451 of the planned development is due to the following reasons cited below, subject to 452 approval by other city departments. If a development proposes any modification 453 that is not listed below, planned development approval is required. To be eligible 454 for the incentives in this section, a development shall meet the affordability 455 requirements for the applicable zoning district in Table 21A.52.040. 456 a. Multiple Buildings on a Single Parcel: More than one principal 457 building may be located on a single parcel and are allowed without 458 having public street frontage. This allowance supersedes the 459 restrictions of 21A.36.010.B; 460 b. Principal buildings with frontage on a paved public alley; 461 c. Principal buildings with frontage on a private street; 462 d. Development located in the Community Shopping (CS) “Planned 463 Development Review” in 21A.26.040.C. 464 465 H. Development Regulations: The following development regulations are intended to 466 provide supplemental regulations and modify standards of the base zoning district for 467 the purpose of making the affordable housing incentives more feasible and 468 compatible with existing development. Base zoning standards apply unless 469 specifically modified by this section and are in addition to modifications authorized in 470 subsection 21A.52.050.G. If there are conflicts with design standards, the more 471 restrictive regulation shall apply and take precedence. These standards are not 472 allowed to be modified through the planned development process. 473 1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, 474 SR-1, SR-1A, and SR-3 zoning districts: 475 a. Parking: Unless there is a lesser parking requirement in 21A.44, only 476 one off-street parking space per unit is required. One detached garage 477 24 or covered parking space, no greater than 250 sq. ft. per unit, may be 478 provided for each unit and these structure(s) may exceed the yard and 479 building coverage requirements for accessory structures. When 480 covered parking is provided, the 250 sq. ft. per unit of covered parking 481 may be combined into a single structure for each required parking stall 482 provided. 483 b. Yards: Minimum required yards shall apply to the perimeter of the 484 development and not to the individual principal buildings within the 485 development. 486 c. Density: 487 (1) Lots approved through a planned development prior to the 488 effective date of this chapter are required to go through a major 489 modification of the planned development to use the incentives. 490 (2) Lots may contain up to four units. Existing lots may be 491 divided such that each unit is on its own lot. The new lots are 492 exempt from minimum lot area, lot width, and lot frontage 493 requirements. 494 (3) An accessory dwelling unit (ADU) is considered one unit and 495 counts toward the number of units permitted. 496 (4) Arrangement of dwellings: 497 (A) New dwelling units may be arranged in any manner 498 within a building, as a second detached dwelling, as 499 attached units, or a cottage development with three or 500 more detached dwellings, within the buildings that are 501 part of the cottage development. 502 (B) When an existing building is maintained, new units 503 may be added internal to the existing structure, as an 504 addition, or as a second detached dwelling. Any 505 addition must comply with the standards of the base 506 zoning district; however, the addition may contain 507 additional units. 50% of the exterior walls of the 508 existing dwelling, including the front elevation, shall 509 remain as exterior walls. 510 (C) The units shall comply with this section, applicable 511 requirements of the base zoning district, and any 512 applicable overlay district. 513 514 2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the 515 following provisions shall apply: 516 a. Unit Mix: No more than 25% of the units in the development shall be 517 less than 500 square feet to promote a mix of unit sizes. 518 b. Parking: Unless there is a lesser parking requirement in 21A.44, only 519 one off-street parking space per unit is required in multifamily 520 developments with less than 10 units. 521 25 c. Yards: The minimum required yards shall apply to the perimeter of the 522 development and not to the individual principal buildings within the 523 development. 524 d. Lot width: Minimum lot width requirements do not apply. 525 526 3. In addition to applicable requirements in 1. and 2. above, the following provisions 527 apply to the specific building types listed: 528 a. Row house and Sideways row house 529 (1) Perimeter yard requirements: 530 (A) Front yards: The front yard and corner side yard of 531 the base zoning district apply. 532 (B) Side yards: A minimum of 10 feet on one side of the 533 building and 6 feet on the other interior side yard 534 unless a greater yard is required by the base zoning 535 district 536 (C) Rear yard: The rear yard of the base zoning district 537 applies. 538 (2) Number of Units: To qualify for incentives in the FR-1, FR-2, 539 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-540 1A zoning districts there is a minimum of three and a 541 maximum of four residential dwelling units per building. 542 (3) Building length facing street: 543 (A) The building length shall not exceed 60 feet or the 544 average of the block face, whichever is less, in FR-1, 545 FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R-546 2, SR-1, and SR-1A districts; 547 (B) The building length shall not exceed 100 feet in the 548 RMF-30, RMF-35, RMF-45 and RMF-75 districts; 549 and 550 (C) The building length shall not exceed 175 feet in other 551 zoning districts. 552 (4) Building entry facing street: At least one operable building 553 entrance on the ground floor is required for each unit facing 554 the primary street facing façade. All units adjacent to a 555 public street shall have the primary entrance on the street 556 facing façade of the building with an unenclosed entry porch, 557 canopy, or awning feature. The entry feature may encroach in 558 the front yard setback, but the encroachment shall not be 559 closer than 5 feet from the front property line. 560 (5) Building materials: 50% of any street facing facade shall be 561 clad in durable materials. Durable materials include stone, 562 brick, masonry, textured or patterned concrete, and fiber 563 cement board. Other materials may be used for the remainder 564 of the facade adjacent to a street. Other materials proposed to 565 satisfy the durable requirement may be approved at the 566 discretion of the Planning Director if it is found that the 567 26 proposed material is durable and is appropriate for the 568 structure. 569 (6) Parking requirement and location: Unless there is a lesser 570 parking requirement in 21A.44, only one off-street parking 571 space per unit is required. All provided parking shall be 572 located to the side of the street facing building façade, behind 573 a principal structure that has frontage on a street, or within 574 the principal structure subject to any other applicable 575 provision. 576 (7) Garage doors facing street: Garage doors are prohibited on 577 the façade of the building that is parallel to, or located along, 578 a public street. 579 (8) Personal outdoor space: Each unit shall have a minimum 580 outdoor space of 60 square feet where the minimum 581 measurement of any side cannot be less than 6 feet. 582 (9) Glass: The surface area of the façade of each floor facing a 583 street must contain a minimum of 15% glass. 584 (10) Blank wall: The maximum length of any blank wall 585 uninterrupted by windows, doors, or architectural detailing at 586 the ground floor level along any street facing façade is 15’. 587 (11) Screening of mechanical equipment: All mechanical 588 equipment shall be screened from public view and sited to 589 minimize their visibility and impact. Examples of siting 590 include on the roof, enclosed or otherwise integrated into the 591 architectural design of the building, or in a rear or side yard 592 area subject to yard location restrictions found in section 593 21A.36.020, table 21A.36.020B, “Obstructions In Required 594 Yards” of this title. 595 596 Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House 597 598 Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House 599 27 600 b. Cottage Development 601 (1) Perimeter yard requirements: 602 (A) Front yards: The front yard and corner side yard of the 603 base zoning district apply. 604 (B) Side yards: A minimum of 10 feet on one side of the 605 property line and 6 feet on the other interior side yard, 606 unless a greater yard is required by the base zoning 607 district. 608 (C) Rear yard: The rear yard of the base zoning district 609 applies. 610 (2) Setbacks Between Individual Cottages: All cottages shall have 611 a minimum setback of eight feet from another cottage. 612 (3) Area: No cottage shall have more than 850 square feet of gross 613 floor area, excluding basement area. There is no minimum 614 square foot requirement. 615 (4) Building Entrance: All building entrances shall face a public 616 street or a common open space. 617 (5) Building materials: 50% of any street facing facade shall be 618 clad in durable materials. Durable materials include stone, 619 brick, masonry, textured or patterned concrete, and fiber 620 cement board. Other materials may be used for the remainder 621 of the facade adjacent to a street. Other materials proposed to 622 satisfy the durable requirement may be approved at the 623 discretion of the Planning Director if it is found that the 624 28 proposed material is durable and is appropriate for the 625 structure. 626 (6) Open Space: A minimum of 250 square feet of common, open 627 space is required per cottage. At least 50% of the open space 628 shall be in a courtyard or other common, usable open space. 629 The development shall include landscaping, walkways or other 630 amenities intended to serve the residents of the development. 631 (7) Personal Outdoor Space: In addition to the open space 632 requirement in this section, a minimum of 120 square feet of 633 private open space is required per cottage. The open space 634 shall provide a private yard area for each cottage and will be 635 separated with a fence, hedge, or other visual separation to 636 distinguish the private space. 637 (8) Parking: Unless there is a lesser parking requirement in 638 21A.44, one off-street parking space per unit is required. All 639 provided parking shall be located to the side of a street facing 640 building façade, behind a principal structure that has frontage 641 on a street, or within the principal structure subject to any other 642 applicable provision. 643 c. In addition to applicable requirements in 21A.52.050.H above, the 644 following provisions apply to all other buildings containing more than two 645 residential units. If the base zone has a greater design standard 646 requirement, that standard applies. 647 (1) Perimeter yard requirements: 648 (A) Front yards: The front yard and corner side yard 649 setback of the base zoning district apply. 650 (B) Side yards: For housing types not otherwise allowed in 651 the zoning district, a minimum of 10 feet on each side 652 property line, unless a greater setback is required for 653 single-family homes. 654 (C) Rear yards: The rear yard of the base zoning district 655 applies. 656 (2) Building entrances: The ground floor shall have a primary 657 entrance on the street facing façade of the building with an 658 unenclosed entry porch, canopy, or awning feature. Stairs to 659 second floor units are not permitted on street facing elevations. 660 (3) Glass: The surface area of the façade of each floor facing a 661 street must contain a minimum of 15% glass. 662 (4) Building materials: 50% of any street facing facade shall be 663 clad in durable materials. Durable materials include stone, 664 brick, masonry, textured or patterned concrete, and fiber 665 cement board. Other materials may be used for the remainder 666 of the facade adjacent to a street. Other materials proposed to 667 satisfy the durable requirement may be approved at the 668 discretion of the Planning Director if it is found that the 669 29 proposed material is durable and is appropriate for the 670 structure. 671 (5) Open space: Open space area may include landscaped yards, 672 patios, dining areas, and other similar outdoor living spaces. 673 All required open space areas shall be accessible to all 674 residents or users of the building. 675 (A) Single- and two-family zoning districts: 120 sq. ft. of 676 open space with a minimum width of 6 ft. shall be 677 provided for each building with a dwelling. 678 (B) All other zoning districts: A minimum of 10% of the 679 land area within the development shall be open space, 680 up to 5,000 square feet. Open space may include 681 courtyards, rooftop and terrace gardens and other 682 similar types of open space amenities. All required 683 open space areas shall be accessible to all residents or 684 users of the building. 685 d. Single- and Two-family Dwellings: No additional design standards except 686 as identified in 21A.24. 687 e. Unit Limits: For overall development sites with more than 125 units, no 688 more than 50% of units shall be designated as affordable units. 689 f. Lots without public street frontage may be created to accommodate 690 developments without planned development approval subject to the 691 following standards: 692 (1) Required yards shall be applied to the overall development 693 site not individual lots within the development. The front and 694 corner yards of the perimeter shall be maintained as landscaped 695 yards; 696 (2) Lot coverage shall be calculated for the overall development 697 not individual lots within the development; and 698 (3) Required off street parking stalls for a unit within the 699 development are permitted on any lot within the development. 700 (4) The subdivision shall be finalized with a final plat and the final 701 plat shall document that the new lot(s) has adequate access to a 702 public street by way of easements or a shared driveway or 703 private street; and 704 (5) An entity, such as a homeowner association, must be 705 established for the operation and maintenance of any common 706 infrastructure. Documentation establishing that entity must be 707 recorded with the final plat. 708 709 SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That 710 Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose 711 Statements) shall be and hereby is amended to read as follows: 712 30 1. At least twenty percent (20%) of the housing must be for those with incomes that are at 713 or below eighty percent (80%) of the area median income. Affordable housing that meets 714 the requirements of 21A.52.050. 715 716 SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 717 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 718 hereby is amended to add the following terms in the list of defined terms to be inserted into that list 719 in alphabetical order: 720 Affordable Housing 721 Affordable Housing Incentives Development 722 Dwelling, Three-family 723 Dwelling, Four-family 724 Dwelling, Row House 725 Dwelling, Sideways Row House 726 Dwelling, Cottage Development 727 728 SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That 729 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall 730 be and hereby is amended as follows: 731 a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of 732 “AFFORDABLE HOUSING” be added and inserted into the list of definitions in 733 alphabetical order and read as follows: 734 AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable, 735 rent-restricted. The affordable units shall be made available only to individuals and 736 households that are qualifying occupants at or below the applicable percentage of the area 737 median income for the Salt Lake City Utah, U.S. Department of Housing and Urban 738 Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as 739 periodically determined by HUD and adjusted for household size) and published by the Utah 740 Housing Corporation, or its successor. Affordable (30% of gross income for housing costs, 741 including utilities) housing units must accommodate at least one of the following categories: 742 a. Extremely Low-Income Affordable Units: Housing units accommodating up to 743 30% AMI; 744 b. Very Low-Income Affordable Units: Housing units accommodating up to greater than 745 30% and up to 50% AMI; or 746 31 c. Low-Income Affordable Units: Housing units accommodating greater than 50% and 747 up to 80% AMI. 748 749 b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES 750 DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES 751 DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order 752 and read as follows: 753 AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that 754 meets the criteria in 21A.52.050. 755 756 c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of 757 “DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in 758 alphabetical order and read as follows: 759 DWELLING, THREE-FAMILY: A detached building containing three dwelling units. 760 d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of 761 “DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in 762 alphabetical order and read as follows: 763 DWELLING, FOUR-FAMILY: A detached building containing four dwelling units. 764 e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of 765 “DWELLING, ROW HOUSE” be added and inserted into the list of definitions in 766 alphabetical order and read as follows: 767 DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least 768 one common wall with an adjacent dwelling unit and where the entry of each unit faces a 769 public street. Units may be stacked vertically and/or attached horizontally. Each attached unit 770 may be on its own lot. 771 f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition 772 of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of 773 definitions in alphabetical order and read as follows: 774 32 DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that 775 share at least one common wall with an adjacent dwelling unit and where the entry of each 776 unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or 777 attached horizontally. Each attached unit may be on its own lot. 778 g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the 779 definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into 780 the list of definitions in alphabetical order and read as follows: 781 DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified 782 development that contains a minimum of two and a maximum of eight detached dwelling 783 units with each unit appearing to be a small single-family dwelling with a common green or 784 open space. Dwellings may be located on separate lots or grouped on one lot. 785 786 SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee 787 Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the 788 attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule 789 shall be published on the official Salt Lake City website. 790 SECTION 21. Effective Date. This Ordinance shall become effective on the date of its first 791 publication. 792 Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2023. 793 794 ______________________________ 795 CHAIRPERSON 796 ATTEST: 797 798 ______________________________ 799 CITY RECORDER 800 801 802 803 804 33 805 Transmitted to Mayor on _______________________. 806 807 808 Mayor’s Action: _______Approved. _______Vetoed 809 810 811 ______________________________ 812 MAYOR 813 814 ______________________________ 815 CITY RECORDER 816 817 (SEAL) 818 819 Bill No. ________ of 2023. 820 Published: ______________. 821 Ordinance creating zoning incentives and affordable housing incentives 822 823 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney 34 EXHIBIT A 824 825 826 Service Fee Additional Information Section Affordable Housing Incentives Fines Noncompliance violation $100/affordable unit/day Plus rental difference 21A.20.040.B 827