Legislative Version Ordinance - 12/5/20231
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1 SALT LAKE CITY ORDINANCE
2
3 No. _____ of 202__
4
5 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code
6 establishing a chapter for zoning incentives and adding affordable housing incentives)
7
8 An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant
9 to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing
10 incentives.
11 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held
12 public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former
13 Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various
14 sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing
15 incentives; and
16 WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of
17 transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said
18 petition; and
19 WHEREAS, the City Council requests a report on costs and benefits of implementation
20 of the affordable housing incentives 24 months following adoption; and
21 WHEREAS, after a public hearing on this matter the City Council has determined that
22 adopting this ordinance is in the city’s best interests.
23 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
24 SECTION 1. Amending the text of Salt Lake City Code Section 21A.20.040. That Section
25 21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is
26 amended to read as follows:
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27 A. If the violations are not corrected by the citation deadline, civil fines shall accrue at
28 twenty five dollars ($25.00) a day per violation for those properties legally used for
29 purposes that are solely residential uses, and one hundred dollars ($100.00) a day per
30 violation for those properties used for purposes that are not residential uses.
31 B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
32 citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
33 per day per violation. If the violation(s) include renting an affordable rental unit in excess
34 of the approved rental rate then an additional monthly fine shall accrue that is the
35 difference between the market rate of the unit and the approved rental rate that is agreed
36 to by the applicant at the time of approval for a project using the incentives.
37
38 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That
39 Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000
40 Single-family Residential District) shall be and hereby is amended to read as follows:
41 A. Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is
42 to provide for conventional single-family residential dwellings and affordable housing
43 incentives developments with up to four units on residential neighborhoods with lots
44 twelve thousand (12,000) square feet in size or larger. This district is appropriate in areas
45 of the Ccity as identified in the applicable community mMaster pPlan. Uses are intended
46 to be compatible with the existing scale and intensity of the neighborhood. The standards
47 for the district are intended to provide for safe and comfortable places to live and play,
48 promote sustainable and compatible development patterns and to preserve the existing
49 character of the neighborhood.
50
51 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That
52 Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000
53 Single-family Residential District) shall be and hereby is amended to read as follows:
54 A. Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to
55 provide for conventional single-family residential dwellings and affordable housing
56 incentives developments with up to four units on residential neighborhoods with lots not
57 less than seven thousand (7,000) square feet in size. This district is appropriate in areas of
58 the cCity as identified in the applicable community mMaster pPlan. Uses are intended to
59 be compatible with the existing scale and intensity of the neighborhood. The standards
60 for the district are intended to provide for safe and comfortable places to live and play,
61 promote sustainable and compatible development patterns and to preserve the existing
62 character of the neighborhood.
63
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64 SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That
65 Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000
66 Single-family Residential District) shall be and hereby is amended to read as follows:
67 A. Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to
68 provide for conventional single-family residential dwellings and affordable housing
69 incentives developments with up to four units on residential neighborhoods with lots not
70 less than five thousand (5,000) square feet in size. This district is appropriate in areas of
71 the cCity as identified in the applicable community mMaster pPlan. Uses are intended to
72 be compatible with the existing scale and intensity of the neighborhood. The standards
73 for the district are intended to provide for safe and comfortable places to live and play,
74 promote sustainable and compatible development patterns and to preserve the existing
75 character of the neighborhood.
76
77 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That
78 Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and
79 Two-family Residential District) shall be and hereby is amended to read as follows:
80 A. Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District
81 is to preserve and protect for single-family dwellings the character of existing
82 neighborhoods which exhibit a mix of predominantly single- and two-family dwellings
83 by controlling the concentration of two-family dwelling units. Uses are intended to be
84 compatible with the existing scale and intensity of the neighborhood. The standards for
85 the district are intended to provide for safe and comfortable places to live and play and to
86 promote sustainable and compatible development patterns.
87
88 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That
89 Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU
90 Residential/Mixed Use District) shall be and hereby is amended to read as follows:
91 F. Maximum Building Height: The maximum building height shall not exceed seventy five
92 feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1
93 and F2 of this section. Buildings taller than seventy five feet (75'), up to a maximum of
94 one hundred twenty five feet (125'), may be authorized through the design review process
95 (chapter 21A.59 of this title) and provided, that the proposed height is located within the
96 one hundred twenty five foot (125') height zone indicated in the map located in
97 subsection F3 of this section.
98 1. Maximum height for nonresidential buildings: Forty five feet (45').
99 2. Maximum floor area coverage of nonresidential uses in mixed use
100 buildings of residential and nonresidential uses: Three (3) floors.
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101 3. One hundred twenty five foot (125') height zone map for the R-MU
102 District:
103
104 FIGURE 21A.24.170.F.3
105
106
107 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That
108 Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit
109 Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and
110 all notes thereto shall remain and are not amended herein):
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111 2. Building Height: The minimum and maximum building heights are found in table
112 21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The following
113 exceptions apply:
114 a. The minimum building height applies to all structures that are adjacent to a public or
115 private street. The building shall meet the minimum building height for at least fifty
116 percent (50%) of the width of the street facing building wall.
117 b. Projects that achieve a development score that qualifies for administrative review are
118 eligible for an increase in height. The increase shall be limited to one story of
119 habitable space. The height of the additional story shall be equal to or less than the
120 average height of the other stories in the building. This is in addition to the height
121 authorized elsewhere in this title.
122
123 SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table
124 21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form
125 Based Special Purpose Corridor District) shall be and hereby is amended to read as follows:
126 TABLE 21A.27.040.C
127 FB-SC BUILDING FORM STANDARDS
Permitted Building Forms
Multi-Family And Storefront
H Maximum building height Maximum building height in the FB-SC is 60 ft. An
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.
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.
F Front and corner
side yard setback
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
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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:
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Permitted And Conditional Uses By DistrictUse
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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137 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
138 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only to
139 add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Commercial
140 Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows:
141
Permitted and Conditional Uses by DistrictUse
CN CB CS1 CC CSHBD1 CG SNB
Affordable
Housing
Incentives
Development
P P P P P P P
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143 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section
144 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
145 Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add
146 the use category “Affordable Housing Incentives Development” in the Table of Permitted and
147 Conditional Uses for Transit Station Area Districts, in alphabetical order with other use
148 categories in the table, which use category shall read and appear in that table as follows:
149
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Permitted And Conditional Uses By District
TSA-UC TSA-UN TSA-MUEC TSA-SP
Use
Core Transition Core Transition Core Transition Core Transition
Affordable Housing Incentives
Development
P P P P P P P P
150
151 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.050. That Section
152 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
153 Conditional Uses for Downtown Districts) shall be and hereby is amended only to add the use
154 category “Affordable Housing Incentives Development” in the Table of Permitted and
155 Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the
156 table, which use category shall read and appear in that table as follows:
Permitted And Conditional Uses By DistrictUse
D-1 D-2 D-3 D-4
Affordable Housing Incentives
Development
P P P P
157
158 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
159 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
160 Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use
161 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
162 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
163
164 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
165 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
166 Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use
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167 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
168 Uses for Special Purpose Districts, which use category shall read and appear in that table as follows:
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169
Permitted and Conditional Uses by DistrictUse
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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171 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
172 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
173 Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use
174 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
175 Uses for Form Based Districts, inserted in alphabetical order, which use category shall read and
176 appear in that table as follows:
177 [Note to codifier: use this table if FB-MU11 is adopted as of the date of this ordinance pursuant
178 to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.]
Permitted Uses By DistrictUse
FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE
Affordable Housing Incentives
Development
P P P P P
179
180 [Note to codifier: use this table if FB-MU11 is not adopted as of the date of this ordinance
181 pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior
182 table should be codified.]
Permitted Uses By DistrictUse
FB-UN1 FB-UN2 FB-SC FB-SE
Affordable Housing Incentives
Development
P P P P
183
184 SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of
185 the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new
186 Chapter 21A.52 Zoning Incentives and shall read as follows:
187 21A.52.010 PURPOSE:
188 The purpose of this chapter is to establish zoning incentives to support achieving adopted goals
189 within the city’s adopted plans and policy documents.
190 21A.52.020 APPLICABILITY:
191 A. This chapter applies as indicated within each subsection.
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192 B. The planned development process in 21A.55 is not required as indicated within this
193 chapter.
194 C. The administrative design review process in 21A.59 may be applicable as indicated
195 within this chapter.
196 21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
197 ZONING DISTRICTS:
198 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
199 standards and requirements take precedence except as indicated in this section.
200 21A.52.040 APPROVAL PROCESS:
201 Unless specifically exempted or modified by this chapter, all requirements of this title shall
202 apply.
203 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall
204 submit a zoning incentives application and provide the following information:
205 1. The applicant's name, address, telephone number and interest in the
206 property to which the incentives shall apply;
207 2. The owner's name, address and telephone number, if different than the
208 applicant, and the owner's signed consent to the filing of the application;
209 3. The street address, tax parcel number and legal description of the subject
210 property;
211 4. The zoning classification, zoning district boundaries and present use of the
212 subject property;
213 5. The location of all proposed buildings and structures, accessory and
214 principal, showing the number of stories and height, dwelling type, if
215 applicable, major elevations and the total square footage of the floor area
216 by proposed use and any additional information required for site plan
217 review set forth in Chapter 21A.58;
218 6. The total number of dwelling units in the project, the number of affordable
219 units, the number of bedrooms in the affordable units, the location of the
220 affordable units, and level of affordability; and
221 7. Any additional information required by Chapter 21A.59 design review or
222 to demonstrate compliance with the requirements of this chapter, as
223 applicable.
224 B. Preliminary approval shall authorize the preparation, filing and processing of
225 applications for any permits or approval that may be required by the city, including,
226 but not limited to, a building permit. Notwithstanding the foregoing, no permits shall
227 be issued until final approval is obtained pursuant to this Chapter. Preliminary
228 approval shall be valid for a period of one year unless complete building plans have
229 been submitted to the Division of Building Services.
230 C. Administrative design review, where applicable, shall be exempt from the
231 application fees and noticing fees otherwise required pursuant to Section 21A.59.
232 D. Following the approval of any administrative design review application, any future
233 alteration to the property, building or site shall comply with the approved design
234 review application unless a modification is approved subject to the process outlined
235 in Chapter 21A.59.
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236 E. Final approval shall occur following the recording of the restrictive covenant.
237 F. Preliminary and final approvals shall be administrative approvals by the planning
238 director or the planning director’s designee.
239 21A.52.050 AFFORDABLE HOUSING INCENTIVES:
240 A. Purpose: The incentives set forth in this chapter are intended to encourage the
241 development of affordable housing. The provisions within this section are intended
242 to facilitate the construction of affordable housing by allowing more inclusive
243 development than would otherwise be permitted in the base zoning districts. Housing
244 constructed using the incentives is intended to be compatible in form with the
245 neighborhood and provide for safe and comfortable places to live and play.
246 B. Applicability: The provisions in this section provide optional incentives to
247 development projects that include affordable housing units. Unless specifically stated
248 below, all other applicable provisions in the base zoning district or
249 overlay districts shall apply.
250 C. Uses: Additional housing types are allowed in zones subject to compliance with this
251 section.
252 D. Reporting and Auditing: Property owners who use the incentives of this chapter are
253 required to provide a report that demonstrates compliance with this section and any
254 additional approvals associated with the use of incentives. The report shall be
255 submitted annually by April 30th and shall be reflective of the financial status at the
256 end of the previous calendar year. The report shall be submitted to the Director of
257 Community and Neighborhoods or successor.
258 1. Annual Report and Auditing: Each property owner shall submit a report that
259 demonstrates compliance with this chapter.
260 a. If applicable, the property owner shall submit a copy of the annual report(s)
261 provided to Utah Housing Corporation, Olene Walker Housing Loan Fund,
262 Housing Authority of Salt Lake City, Housing Connect, or similar funding
263 source as determined by the Department of Community and Neighborhoods,
264 or its successor, confirming compliance with affordable housing conditions,
265 including tenant income and rental rates.
266 b. If an annual report is not submitted as required in 21A.52.050.D.1.a above,
267 the property owner shall provide a report that includes, but is not limited to
268 the following:
269 (1) The property location, tax ID number, and legal description.
270 (2) Property owner name, mailing address, and email address.
271 (3) Information on the dwelling units and tenants of the property receiving
272 the incentives that includes:
273 (A)The total number of dwelling units
274 (B)The number of bedrooms of each dwelling unit
275 (C)The rental rate of each dwelling unit
276 (D)Identify the dwelling units that comply with the level of
277 affordability identified in the approval to use the incentives and
278 a statement that the dwelling units are in compliance with the
279 approval requirements.
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280 (E) Identify any change in occupancy to the units that are required
281 to be affordable under this section, including a change in the
282 number of people residing in each unit and any change in
283 tenant. Personal data is not required to be submitted.
284 (F) Confirm that income verification for all tenants was performed
285 on an annual basis.
286 (G)Identify any differences in rent between the agreed upon rental
287 rate in the approval to use the incentives and the actual rent
288 received for the identified affordable dwelling units.
289 (H)Identify any instance where an affordable dwelling unit was no
290 longer rented at the agreed upon level of affordability, the
291 length of time the dwelling unit was not in compliance with the
292 agreed upon level of affordability, and any remedy that was
293 taken to address the noncompliance.
294 2. Review of Annual Report: The Director of Community and Neighborhoods shall
295 review the report to determine if the report is complete.
296 3. Within 30 days of receipt of a complete report, the Director of Community and
297 Neighborhoods shall provide the property owner with written notice that:
298 a. Identifies whether the property is in compliance.
299 b. Identify any deficiency in the information provided by the owner.
300 c. Assesses any penalty that is due as a result of an identified noncompliance.
301 4. After receipt of the notice from the Director of Community and Neighborhoods that
302 indicates noncompliance, the property owner shall:
303 a. Cure the identified noncompliance within 30 days of such notice and
304 concurrently submit an updated report of then-current operations of the
305 property that demonstrates compliance; or
306 (1) Property owners can request an extension in writing prior to the
307 expiration of the 30-day cure period identified above. The request shall
308 include an explanation of the efforts to correct the non-compliance and
309 the reason the extension is needed. The Director of Community and
310 Neighborhoods will review and determine if the timeframe and
311 extension are appropriate and whether or not fines shall be stayed
312 during any approved extension. Upon expiration of the extension
313 granted by the Director the property owner shall submit an updated
314 report of then-current operations of the property that demonstrates
315 compliance.
316 b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any
317 noncompliance within 14 days of achieving compliance. Any fine or fee shall
318 be assessed from the first identified date that the property is not in
319 compliance.
320 5. The city may contract with another entity for review of the requirements in this
321 section.
322 6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20,
323 except as set forth below in 21A.52.050.E.
324
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325 E. Enforcement: Violations of this Chapter, or the restrictive covenant on the property
326 as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to
327 21A.20. The city shall have the additional remedies for violations as set forth below.
328 1. Lien on Property. If the property owner fails to make payment of the outstanding
329 fines, then after 90 days or when fines reach $5,000, the division will issue a
330 statement of outstanding fines. If the property owner fails to make payment within
331 14 days, then the division may certify the fines set forth in the statement to the Salt
332 Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount
333 entered shall have the force and effect of a valid judgment of the district court, is a
334 lien on the property, and shall be collected by the treasurer of the county in which
335 the property is located at the time of the payment of general taxes. Upon payment
336 of the amount set forth in the statement, the judgment is satisfied, the lien is
337 released from the property, and receipt shall be acknowledged upon the general tax
338 receipt issued by the treasurer.
339 2. Revocation of Business License. Upon a determination of the division that the
340 property is in violation of this Chapter the city may suspend or revoke the business
341 license associated with the property. Any suspension or revocation of a license
342 shall not be imposed until a hearing is first held before the Director of Community
343 and Neighborhoods or his/her successor. The licensee shall be given at least 14
344 days’ notice of the time and place of the hearing, together with the nature of the
345 charges against the licensee. The licensee may appear in person or through an
346 officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to
347 confront and cross-examine witnesses. The Director of Community and
348 Neighborhoods shall make a decision based upon the evidence introduced at the
349 hearing and issue a written decision. The licensee may appeal to an appeals
350 hearing officer and thereafter to district court pursuant to 21A.16. If the license is
351 revoked or suspended it shall thereafter be unlawful for any person to engage in or
352 use, or permit to be used any property for any business with respect to which the
353 license has been suspended or revoked until a license shall be granted upon appeal
354 or due to the property’s compliance with this Chapter. No person whose license
355 has been revoked, and no person associated or connected with such person in the
356 conduct of such business, shall be granted a license for the same purpose for a
357 period of six months after the revocation has occurred. The Director may, for good
358 cause, waive the prohibition against persons formerly associated or connected with
359 an individual who has had a license revoked.
360 3. Any other remedies or financial penalties identified in the terms of the restrictive
361 covenant required by Section 21A.52.050.F.1, which shall be reasonably related to
362 enforcement of the terms of this Chapter, achieving the goals of this Chapter,
363 obtaining the number of units and level of affordability agreed to by the property
364 owner, or if such units and level of affordability cannot be obtained then to
365 eliminate the incentive(s) obtained or recoup the value thereof.
366
367 F. Eligibility Standards: Developments shall meet the criteria below to be eligible for
368 the authorized incentives:
369 1. Restrictive Covenant Required:
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370 a. Any owner who uses the incentives of this chapter shall enter into a
371 legally binding restrictive covenant, the form of which shall be
372 approved by the city attorney. Prior to the issuance of a building
373 permit for construction of a building using the incentives, the
374 restrictive covenant shall be recorded with the Salt Lake County
375 Recorder. The agreement shall provide for the following, without
376 limitation: acknowledge the use of the incentives, the nature of the
377 approval and any conditions thereof, the affordability requirements,
378 the terms of compliance with all applicable regulations, shall guarantee
379 compliance for a term of 30 years, and the potential enforcement
380 actions for any violation of the agreement. The agreement shall be
381 recorded on the property with the Salt Lake County Recorder,
382 guarantee that the affordability criteria will be met for at least 30
383 years, and future owners shall be subject thereto.
384 b. For an affordable homeownership unit, the restrictive covenant shall
385 also require a notice of sale be provided to the city and the city shall
386 have a right of first refusal to purchase any designated affordable unit
387 in accordance with a future sales price that is capped to comply with
388 Section 21A.52.050.F.2.b.2 below.
389
390 2. The affordable units shall be both income and rent/housing payment
391 restricted.
392 a. Income Restriction - The affordable units shall be made available only
393 to Eligible Households that are qualifying occupants with an annual
394 income at or below the SLC Area Median Income (“AMI”) as
395 applicable for the given affordable unit for Salt Lake City Utah, U.S.
396 Department of Housing and Urban Development (“HUD”) Metro
397 FMR Area (as periodically determined by the HUD and adjusted for
398 household size).
399 b. Rent/Housing Payment Restriction
400 (1) For an affordable rental unit, the monthly rent, including all
401 required housing costs per unit, such as utilities and other
402 charges uniformly assessed to all apartment units other than
403 charges for optional services, shall be set forth in a written
404 lease and shall not exceed, for the term of the lease, the
405 maximum monthly gross rental rate published annually by the
406 Utah Housing Corporation for affordable units located in Salt
407 Lake City for the percentage AMI as applicable for the given
408 affordable unit type.
409 (2) For an affordable homeownership unit, the annualized housing
410 payment, including mortgage principal and interest, private
411 mortgage insurance, property taxes, condominium and/or
412 homeowner's association fees, insurance, and parking, shall not
413 exceed thirty percent (30%) of the maximum monthly income
414 permissible for the AMI as applicable for the given affordable
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415 unit, assuming a household size equal to the number of
416 bedrooms in the unit plus one person.
417 3. Comparable units: Affordable units shall be comparable to market rate units,
418 if any, in the development including with respect to entrance location,
419 dispersion throughout the building or site, number of bedrooms, and access to
420 amenities, except as otherwise approved in the terms of the restrictive
421 covenant. This subpart does not apply to units in single- and two-family
422 zoning districts.
423 4. The property owner shall be ineligible for affordable housing incentives
424 pursuant to this Chapter if the property owner or its principals, partners, or
425 agents are under enforcement for any violation of Title 11, 18, 20, or 21.
426
427 G. Incentives: Developments are eligible for the incentives identified in this section.
428 Table 21A.52.050.G establishes the affordability requirements based on the zoning
429 district of the property. Sections 1 through 4 establish the modifications allowed
430 within each zoning district in order to be eligible for the affordability incentives. To
431 use the incentives, developments shall comply with the criteria applicable to the base
432 zoning districts. Any fractional number of units required shall be rounded up to the
433 nearest whole number.
434 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.
Affordable homeownership developments shall meet
at least one of the following affordability criteria:
1. 50% of the units shall be affordable to those
with incomes at or below 100% AMI.
2. If an existing building is maintained as required
in 21A.52.050.H.1.c, 25% of the units shall be
affordable to those with incomes at or below
100% AMI.
Affordable rental developments shall meet at least one
of the following affordability criteria:
1. 50% of the units shall be affordable to those with
incomes at or below 80% AMI.
2. If an existing building is maintained as required
in 21A.52.050.H.1.c, a minimum of one of the
units shall be affordable to those with incomes at
or below 80% AMI.
Type B. Applicable to residential
multifamily zoning districts: RMF-
30, RMF-35, RMF-45, and RMF-75
Affordable homeownership developments shall meet
at least one of the following affordability criteria:
1. 10% of the units shall be affordable to those
with incomes at or below 80% AMI.
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2. 5% of the units shall be affordable to those
with incomes at or below 60% AMI.
Affordable rental developments shall meet at least one
of the following affordability criteria:
1. 40% of the units shall be affordable to those
with incomes at or below 60% AMI.
2. 20% of the units shall be affordable to those
with incomes at or below 50% AMI.
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.
Type C. Applicable to zoning
districts not otherwise specified.
Affordable homeownership developments shall meet
at least one of the following affordability criteria:
1. 10% of the units shall be affordable to those
with incomes at or below 80% AMI.
2. 5% of the units shall be affordable to those
with incomes at or below 60% AMI.
Affordable rental developments shall meet at least one
of the following affordability criteria:
1. 20% of the units shall be affordable to those
with incomes at or below 80% AMI.
2. 10% of the units shall be affordable to those
with incomes at or below 60% AMI.
3. 10% of the units shall be affordable to those
with incomes averaging at or below 60% AMI
and these units shall not be occupied by those
with an income greater than 80% AMI.
4. 5% of the units shall be affordable to those
with incomes at or below 30% AMI.
5. 10% of the units shall be affordable to those
with incomes at or below 80% AMI and these
units must have two or more bedrooms.
6. 5% of the units shall be affordable to those
with incomes at or below 60% AMI and these
units must have two or more bedrooms.
7. 5% of the units shall be affordable to those
with incomes at or below 80% AMI and these
units must have three or more bedrooms.
435
436 1. Single- and Two-Family Zoning Districts: The following housing types: twin
437 home and two-family, three-family dwellings, four-family dwellings, row houses,
438 sideways row houses, and cottage developments are authorized in the FR-1, FR-2,
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439 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning
440 districts provided the affordability requirements for Type A in Table
441 21A.52.050.G are met.
442 2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying
443 provisions for density found in the minimum lot area and lot width tables for
444 the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the
445 RMF-30 zoning district, the minimum lot size per dwelling unit does not apply,
446 provided the affordability requirements for Type B in Table 21A.52.050.G are
447 met.
448 3. Incentives in the CB Community Business, CC Corridor Commercial, CG
449 General Commercial, and I Institutional Zoning Districts:
450 a.The following housing types: row houses, sideways row houses, and
451 cottage developments are authorized provided the affordability
452 requirements in subsection b. are complied with;
453 b.To be eligible for the incentives listed in this subsection a., a
454 development shall meet the affordability requirements for Type C in
455 Table 21A.52.050.G.
456
457 4. The following incentives are authorized in zoning districts provided the
458 affordability requirements for Type C in Table 21A.52.050.G are complied with:
459 a.Administrative design review provided the standards in 21A.59 are
460 met. Early engagement notice requirements to recognized
461 organizations are not applicable.
462 b.Additional building height may be added as indicated in the following
463 sections. The maximum height per story of additional building height
464 shall not exceed 12 feet.
465 (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 One additional story; density limitations listed in the land use table do not
apply.
RMU Three additional stories with administrative design review.
RO One additional story.
466
467 (2)Commercial Districts:
468
Zoning
District
Permitted Maximum Height with Incentive
SNB One additional story.
CB One additional story.
CN One additional story.
CC 45’ with administrative design review; additional landscaping may be met by
meeting requirements in 21A.52.050.H.3.c.5.
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CG Two additional stories with administrative design review.
Three additional stories with administrative design review for properties in the
mapped area in Figure 21A.26.070.G.
CSHBD1 129’ with administrative design review.
CSHBD2 72’ with administrative design review.
TSA-Transiti
on
One additional story with administrative review.
TSA-Core Two additional stories with administrative review.
469
470
471 (3)Form-based districts:
472 [Note to codifier: use this table if FB-MU11 is adopted as of the date of this ordinance pursuant
473 to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.]
Zoning District Permitted Maximum Height with Incentive
FB-MU11 Three additional stories with administrative design review.
FB-UN2 One additional story.
FB-SC One additional story.
FB-SE One additional story.
FB-UN1 Three stories, but not to exceed 30’ in height.
474
475 [Note to codifier: use this table if FB-MU11 is not adopted as of the date of this ordinance
476 pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior
477 table should be codified.]
478
Zoning District Permitted Maximum Height with Incentive
FB-UN2 One additional story.
FB-SC One additional story.
FB-SE One additional story.
FB-UN1 Three stories, but not to exceed 30’ in height.
479
480 (4)Downtown districts:
481
482
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 with administrative design review.
D-3 Three additional stories with administrative design review.
D-4 Three additional stories with administrative design review. 375’ and
administrative design review in mapped area in 21A.30.045.E.2.b.
483
484 (5)Other districts:
485
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Zoning
District
Permitted Maximum Height with Incentive
GMU Two additional stories with administrative design review.
MU 60’ with administrative design review.
486
487 c.Administrative design review is permitted for the following:
488 (6)Buildings in the CSHBD1 and CSHBD2 zoning district
489 that exceed 20,000 square feet in size.
490 (7)Buildings in the CB zoning district that exceed 7,500
491 gross square feet of floor area for a first-floor footprint or
492 in excess of 15,000 gross square feet floor area.
493
494 5. Planned Developments: A planned development is not required when the purpose
495 of the planned development is due to the following reasons cited below, subject to
496 approval by other city departments. If a development proposes any modification
497 that is not listed below, planned development approval is required. To be eligible
498 for the incentives in this section, a development shall meet the affordability
499 requirements for the applicable zoning district in Table 21A.52.040.
500 a.Multiple Buildings on a Single Parcel: More than one principal
501 building may be located on a single parcel and are allowed without
502 having public street frontage. This allowance supersedes the
503 restrictions of 21A.36.010.B;
504 b.Principal buildings with frontage on a paved public alley;
505 c.Principal buildings with frontage on a private street;
506 d.Development located in the Community Shopping (CS) “Planned
507 Development Review” in 21A.26.040.C.
508
509 H. Development Regulations: The following development regulations are intended to
510 provide supplemental regulations and modify standards of the base zoning district for
511 the purpose of making the affordable housing incentives more feasible and
512 compatible with existing development. Base zoning standards apply unless
513 specifically modified by this section and are in addition to modifications authorized in
514 Subsection 21A.52.050.G. If there are conflicts with design standards, the more
515 restrictive regulation shall apply and take precedence. These standards are not
516 allowed to be modified through the planned development process.
517 1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2,
518 SR-1, SR-1A, and SR-3 zoning districts:
519 a. Parking: Unless there is a lesser parking requirement in 21A.44, only
520 one off-street parking space per unit is required. One detached garage
521 or covered parking space, no greater than 250 sq. ft. per unit, may be
522 provided for each unit and these structure(s) may exceed the yard and
523 building coverage requirements for accessory structures. When
524 covered parking is provided, the 250 sq. ft. per unit of covered parking
525 may be combined into a single structure for each required parking stall
526 provided.
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527 b. Yards: Minimum required yards shall apply to the perimeter of the
528 development and not to the individual principal buildings within the
529 development.
530 c. Density:
531 (1) Lots approved through a planned development prior to the
532 effective date of this Chapter are required to go through a
533 major modification of the planned development to use the
534 incentives.
535 (2) Lots may contain up to four units. Existing lots may be
536 divided such that each unit, not including accessory dwelling
537 units (ADUs), is on its own lot. The new lots are exempt from
538 minimum lot area, lot width, and lot frontage requirements.
539 This paragraph shall not apply to vertical developments.
540 (3) An ADU is considered one unit and counts toward the number
541 of units permitted.
542 (4) Arrangement of dwellings:
543 (A) New dwelling units may be arranged in any manner
544 within a building, as a second detached dwelling, as
545 attached units, or a cottage development with three or
546 more detached dwellings.
547 (B) When an existing building is maintained, new units
548 may be added internal to the existing structure, as an
549 addition, or as a second detached dwelling. Any
550 addition must comply with the standards of the base
551 zoning district; however, the addition may contain
552 additional units. 50% of the exterior walls of the
553 existing dwelling, including the front elevation, shall
554 remain as exterior walls.
555 (C) The units shall comply with this section, applicable
556 requirements of the base zoning district, and any
557 applicable overlay district.
558
559 2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the
560 following provisions shall apply:
561 a.Unit Mix: No more than 25% of the units in the development shall be
562 less than 500 square feet to promote a mix of unit sizes.
563 b.Parking: Unless there is a lesser parking requirement in 21A.44, only
564 one off-street parking space per unit is required in multifamily
565 developments with less than 10 units.
566 c.Yards: The minimum required yards shall apply to the perimeter of the
567 development and not to the individual principal buildings within the
568 development.
569 d.Lot width: Minimum lot width requirements do not apply.
570
571 3. In addition to applicable requirements in subsections 1 and 2 above, the following
572 provisions apply to the specific building types listed:
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573 a. Row house and Sideways row house
574 (1) Perimeter yard requirements:
575 (A) Front yards: The front yard and corner side yard of
576 the base zoning district apply.
577 (B) Side yards: A minimum of 10 feet on one side of the
578 building and 6 feet on the other interior side yard
579 unless a greater yard is required by the base zoning
580 district.
581 (C) Rear yard: The rear yard of the base zoning district
582 applies.
583 (2) Number of Units: To qualify for incentives in the FR-1, FR-2,
584 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-
585 1A zoning districts there is a minimum of three and a
586 maximum of four residential dwelling units per building.
587 (3) Building length facing street:
588 (A) The building length shall not exceed 60 feet or the
589 average of the block face, whichever is less, in FR-1,
590 FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R-
591 2, SR-1, and SR-1A districts;
592 (B) The building length shall not exceed 100 feet in the
593 RMF-30, RMF-35, RMF-45 and RMF-75 districts;
594 and
595 (C) The building length shall not exceed 175 feet in other
596 zoning districts.
597 (4) Building entry facing street: At least one operable building
598 entrance on the ground floor is required for each unit facing
599 the primary street facing façade. All units adjacent to a
600 public street shall have the primary entrance on the street
601 facing façade of the building with an unenclosed entry porch,
602 canopy, or awning feature. The entry feature may encroach in
603 the front yard setback, but the encroachment shall not be
604 closer than 5 feet from the front property line.
605 (5) Building materials: 50% of any street facing facade shall be
606 clad in durable materials. Durable materials include stone,
607 brick, masonry, textured or patterned concrete, and fiber
608 cement board. Other materials may be used for the remainder
609 of the facade adjacent to a street. Other materials proposed to
610 satisfy the durable requirement may be approved at the
611 discretion of the planning director if it is found that the
612 proposed material is durable and is appropriate for the
613 structure.
614 (6) Parking requirement and location: Unless there is a lesser
615 parking requirement in 21A.44, only one off-street parking
616 space per unit is required. All provided parking shall be
617 located to the side of the street facing building façade, behind
618 a principal structure that has frontage on a street, or within
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LEGISLATIVE DRAFT
619 the principal structure subject to any other applicable
620 provision.
621 (7) Garage doors facing street: Garage doors are prohibited on
622 the façade of the building that is parallel to, or located along,
623 a public street.
624 (8) Personal outdoor space: Each unit shall have a minimum
625 outdoor space of 60 square feet where the minimum
626 measurement of any side cannot be less than 6 feet.
627 (9) Glass: The surface area of the façade of each floor facing a
628 street must contain a minimum of 15% glass.
629 (10) Blank wall: The maximum length of any blank wall
630 uninterrupted by windows, doors, or architectural detailing at
631 the ground floor level along any street facing façade is 15’.
632 (11) Screening of mechanical equipment: All mechanical
633 equipment shall be screened from public view and sited to
634 minimize their visibility and impact. Examples of siting
635 include on the roof, enclosed or otherwise integrated into the
636 architectural design of the building, or in a rear or side yard
637 area subject to yard location restrictions found in section
638 21A.36.020, table 21A.36.020B, “Obstructions In Required
639 Yards” of this title.
640
641 Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House
642
643 Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House
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LEGISLATIVE DRAFT
644
645 b. Cottage Development
646 (1) Perimeter yard requirements:
647 (A) Front yards: The front yard and corner side yard of the
648 base zoning district apply.
649 (B) Side yards: A minimum of 10 feet on one side of the
650 property line and 6 feet on the other interior side yard,
651 unless a greater yard is required by the base zoning
652 district.
653 (C) Rear yard: The rear yard of the base zoning district
654 applies.
655 (2) Setbacks Between Individual Cottages: All cottages shall have
656 a minimum setback of eight feet from another cottage.
657 (3) Area: No cottage shall have more than 850 square feet of gross
658 floor area, excluding basement area. There is no minimum
659 square foot requirement.
660 (4) Building Entrance: All building entrances shall face a public
661 street or a common open space.
662 (5) 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
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LEGISLATIVE DRAFT
669 proposed material is durable and is appropriate for the
670 structure.
671 (6) Open Space: A minimum of 250 square feet of common, open
672 space is required per cottage. At least 50% of the open space
673 shall be in a courtyard or other common, usable open space.
674 The development shall include landscaping, walkways or other
675 amenities intended to serve the residents of the development.
676 (7) Personal Outdoor Space: In addition to the open space
677 requirement in this section, a minimum of 120 square feet of
678 private open space is required per cottage. The open space
679 shall provide a private yard area for each cottage and will be
680 separated with a fence, hedge, or other visual separation to
681 distinguish the private space.
682 (8) Parking: Unless there is a lesser parking requirement in
683 21A.44, one off-street parking space per unit is required. All
684 provided parking shall be located to the side of a street facing
685 building façade, behind a principal structure that has frontage
686 on a street, or within the principal structure subject to any other
687 applicable provision.
688 c. In addition to applicable requirements in 21A.52.050.H above, the
689 following provisions apply to all other buildings containing more than
690 two residential units. If the base zone has a greater design standard
691 requirement, that standard applies.
692 (1) Perimeter yard requirements:
693 (A) Front yards: The front yard and corner side yard
694 setback of the base zoning district apply.
695 (B) Side yards: For housing types not otherwise allowed in
696 the zoning district, a minimum of 10 feet on each side
697 property line, unless a greater setback is required for
698 single-family homes.
699 (C) Rear yards: The rear yard of the base zoning district
700 applies.
701 (2) Building entrances: The ground floor shall have a primary
702 entrance on the street facing façade of the building with an
703 unenclosed entry porch, canopy, or awning feature. Stairs to
704 second floor units are not permitted on street facing elevations.
705 (3) Glass: The surface area of the façade of each floor facing a
706 street must contain a minimum of 15% glass.
707 (4) Building materials: 50% of any street facing facade shall be
708 clad in durable materials. Durable materials include stone,
709 brick, masonry, textured or patterned concrete, and fiber
710 cement board. Other materials may be used for the remainder
711 of the facade adjacent to a street. Other materials proposed to
712 satisfy the durable requirement may be approved at the
713 discretion of the planning director if it is found that the
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LEGISLATIVE DRAFT
714 proposed material is durable and is appropriate for the
715 structure.
716 (5) Open space: Open space area may include landscaped yards,
717 patios, dining areas, and other similar outdoor living spaces.
718 All required open space areas shall be accessible to all
719 residents or users of the building.
720 (A) Single- and two-family zoning districts: 120 sq. ft. of
721 open space with a minimum width of 6 ft. shall be
722 provided for each building with a dwelling.
723 (B) All other zoning districts: A minimum of 10% of the
724 land area within the development shall be open space,
725 up to 5,000 square feet. Open space may include
726 courtyards, rooftop and terrace gardens and other
727 similar types of open space amenities. All required
728 open space areas shall be accessible to all residents or
729 users of the building.
730 d. Single- and Two-family Dwellings: No additional design standards except
731 as identified in 21A.24.
732 e. Lots without public street frontage may be created to accommodate
733 developments without planned development approval subject to the
734 following standards:
735 (1) Required yards shall be applied to the overall development
736 site not individual lots within the development. The front and
737 corner yards of the perimeter shall be maintained as landscaped
738 yards;
739 (2) Lot coverage shall be calculated for the overall development
740 not individual lots within the development; and
741 (3) Required off street parking stalls for a unit within the
742 development are permitted on any lot within the development.
743 (4) The subdivision shall be finalized with a final plat and the final
744 plat shall document that the new lot(s) has adequate access to a
745 public street by way of easements or a shared driveway or
746 private street; and
747 (5) An entity, such as a homeowner association, must be
748 established for the operation and maintenance of any common
749 infrastructure. Documentation establishing that entity must be
750 recorded with the final plat.
751
752 SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That
753 Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose
754 Statements) shall be and hereby is amended to read as follows:
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755 1. At least twenty percent (20%) of the housing must be for those with incomes that are at
756 or below eighty percent (80%) of the area median income. Affordable housing that meets
757 the requirements of 21A.52.050.
758
759 SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section
760 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and
761 hereby is amended to add the following terms in the list of defined terms to be inserted into that list
762 in alphabetical order:
763 Affordable Housing
764 Affordable Housing Incentives Development
765 Dwelling, Three-family
766 Dwelling, Four-family
767 Dwelling, Row House
768 Dwelling, Sideways Row House
769 Dwelling, Cottage Development
770
771 SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That
772 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall
773 be and hereby is amended as follows:
774 a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of
775 “AFFORDABLE HOUSING” be added and inserted into the list of definitions in
776 alphabetical order and read as follows:
777 AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable,
778 rent-restricted. The affordable units shall be made available only to individuals and
779 households that are qualifying occupants at or below the applicable percentage of the area
780 median income for the Salt Lake City Utah, U.S. Department of Housing and Urban
781 Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as
782 periodically determined by HUD and adjusted for household size) and published by the Utah
783 Housing Corporation, or its successor. Affordable (30% of gross income for housing costs,
784 including utilities) housing units must accommodate at least one of the following categories:
785 a. Extremely Low-Income Affordable Units: Housing units accommodating up to
786 30% AMI;
787 b. Very Low-Income Affordable Units: Housing units accommodating greater than 30%
788 and up to 50% AMI; or
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LEGISLATIVE DRAFT
789 c. Low-Income Affordable Units: Housing units accommodating greater than 50% and
790 up to 80% AMI.
791
792 b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES
793 DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES
794 DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order
795 and read as follows:
796 AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that
797 meets the criteria in 21A.52.050.
798
799 c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of
800 “DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in
801 alphabetical order and read as follows:
802 DWELLING, THREE-FAMILY: A detached building containing three dwelling units.
803 d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of
804 “DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in
805 alphabetical order and read as follows:
806 DWELLING, FOUR-FAMILY: A detached building containing four dwelling units.
807 e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of
808 “DWELLING, ROW HOUSE” be added and inserted into the list of definitions in
809 alphabetical order and read as follows:
810 DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least
811 one common wall with an adjacent dwelling unit and where the entry of each unit faces a
812 public street. Units may be stacked vertically and/or attached horizontally. Each attached unit
813 may be on its own lot.
814 f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition
815 of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of
816 definitions in alphabetical order and read as follows:
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817 DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that
818 share at least one common wall with an adjacent dwelling unit and where the entry of each
819 unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or
820 attached horizontally. Each attached unit may be on its own lot.
821 g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the
822 definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into
823 the list of definitions in alphabetical order and read as follows:
824 DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified
825 development that contains a minimum of two and a maximum of eight detached dwelling
826 units with each unit appearing to be a small single-family dwelling with a common green or
827 open space. Dwellings may be located on separate lots or grouped on one lot.
828
829 SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee
830 Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the
831 attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule
832 shall be published on the official Salt Lake City website.
833 SECTION 21. Effective Date. The city recorder is hereby directed to publish this ordinance
834 forthwith but it will not become effective until April 30, 2024.
835 Passed by the City Council of Salt Lake City, Utah this _______ day of ______________,
836 202__.
837
838 ______________________________
839 CHAIRPERSON
840 ATTEST AND COUNTERSIGN:
841
842 ______________________________
843 CITY RECORDER
844
845
846
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LEGISLATIVE DRAFT
847
848
849 Transmitted to Mayor on _______________________.
850
851
852 Mayor’s Action: _______Approved. _______Vetoed
853
854
855 ______________________________
856 MAYOR
857
858 ______________________________
859 CITY RECORDER
860
861 (SEAL)
862
863 Bill No. ________ of 202__.
864 Published: ______________.865 Ordinance creating affordable housing incentives866
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LEGISLATIVE DRAFT
867 EXHIBIT A
868
869
Service Fee Additional Information Section
Affordable Housing Incentives Fines
Noncompliance violation $100/affordable
unit/day
Plus rental difference 21A.20.040.B
870