056 of 2024 - Text Amendment - Zoning Incentives for Adaptive Reuse and Preservation of BuildingsSALT LAKE CITY ORDINANCE
No. of2024
(Amending the zoning text of various sections of Title 21A ofthe Salt Lake City Code
pertaining to zoning incentives for adaptive reuse and preservation of buildings)
An ordinance amending the text of various sections of Title 21 A of the Salt Lake City
Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to
Petition No. PLNPCM2023-00155.
WHEREAS, on February 28, 2024, the Salt Lake City Planning Commission ("Planning
Commission") held a public hearing on a petition submitted by Salt Lake City Mayor, Erin
Mendenhall to amend the zoning code pertaining to zoning incentives for adaptive reuse and
preservation of buildings (Petition No. PLNPCM2023-00155); and
WHEREAS, at its February 28, 2024 meeting, the Planning Commission voted in favor
of forwarding a positive recommendation to the Salt Lake City Council on said petition;
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.10.015.A. That
Subsection 21A.10.015.A of the Salt Lake City Code (Zoning: General Application, Public
Engagement, and Public Noticing Procedures: Public Engagement: Land Use Projects Subject to
Public Engagement) shall be, and hereby is amended to read as follows:
A.Land Use Projects Subject to Public Engagement: The following are considered land use
projects for purposes of this chapter and are subject to the public engagement process and
requirements herein:
1.Request for an alley/street closure or vacation;
2.Amendments to Title 21A;
3.Conditional use applications;
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4.Design review applications that are subject to review by the planning commission as
provided in Chapter 21A.59;
5.Applications to demolish one or more landmark sites or contributing structures
located within a local historic district;
6.Master plans, including amendments, to be adopted by the city council;
7.Requests for certificates of appropriateness required for new construction of principal
structures, except for single family and two family dwellings;
8.Planned development applications that are subject to review by the planning
commission as provided in Chapter 21A.55; and
9.Zoning map amendments.
SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That
Subsection 21A.10.020.B of the Salt Lake City Code (Zoning: General Application, Public
Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special
Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to
read as follows:
B.Special Noticing Requirements for Administrative Approvals:
1.Notice of Application for Design Review and Planned Development:
a.Notification: At least twelve (12) days before a land use decision is made for an
administrative design review application as authorized in Chapter 21A.59 of this
title, or an administrative planned development as authorized by Chapter 21A.55
of this title, the planning director shall provide written notice to the following:
(1)All owners and identifiable tenants of the subject property, land abutting the
subject property, and land located directly across the street from the subject
property. In identifying the owners and tenants of the land the city shall use
the Salt Lake City geographic information system records.
(2)Recognized community organization(s) in which the subject property is
located.
b.Contents of the Notice of Application: The notice shall generally describe the
subject matter of the application, where the public may review the application, the
expected date when the planning director will authorize a final land use decision,
and the procedures to appeal the land use decision.
c.End of Notification Period: If the planning director receives comments identifying
concerns related to the design review application not complying with the
requirements of Chapter 21A.59, or the planned development not complying with
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the requirements of Chapter 21A.55, the planning director may refer the matter to
the planning commission for their review and decision on the application.
SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.S. That
Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General
Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby
is amended to read as follows:
S.Compliance with Noise Regulations Required: Any construction work in residential zoning
districts shall comply with Section 9.28.040, "Noises Prohibited."
SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That
Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General
Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its
entirety as follows:
Vl. Compliance \Vith Noise Regulations Required: i\ny construction work in residential
zoning districts shall comply with section 9.28.040, "Noises Prohibited", of this Code.
SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6.
That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF-
35 Moderate Density Multi-Family Residential District: Minimum Yard Requirements: Existing
Yards) shall be, and hereby is amended to read as follows:
6.Existing Yards: For buildings legally existing on April 12, 199 5, the required yard
shall be no greater than the established setback line of the existing building.
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SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.160.D. That
Subsection 2 lA.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB
Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is
amended only to eliminate the Land Use "A single dwelling unit located above fust floor retail
or office uses" from the table in said subsection, with no other changes to the table:
Land Use Minimum Lot Area Minimum Lot
Width
A single dwelling unit located above first floor Included in principal Included in principal
retail or office uses use use
SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That
Subsection 2 lA.24.180.1 of the Salt Lake City Code (Zoning: Residential Districts: RO
Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand
Square Feet) shall be, and hereby is amended to read as follows:
I.Offices in Existing Buildings on Lots Less Than Twenty Thousand Square Feet: Offices
occupying existing buildings are permitted on a five thousand (5,000) square foot
minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of
the existing building footprint or that exceed the height of the existing building shall be
subject to design review (chapter 21A.59 of this title) unless the existing building is using
the incentives in 21A.52.060.
SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That
Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General
Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the
CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is
repealed in its entirety as follows:
4
K.Bed And Breakfast Establishments ,i\nd Reception Centers In Landmark 8ites In The CN
Neighborhood Commercial And CB Community Business Districts:
1.Conditional Use Required: 'Nhere not othenvise authorized by this title and after
conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this
title, landmark sites in a CN or CB District may be used for a bed and breakfast
establishment or reception center subject to the follmving standards:
a.8tandards: In addition to the standards for conditional uses, section 21A.54.080 of
this title, the Planning Commission shall find the follmving:
(1)The structure is designated as a landmark site on the 8alt Lake City Register of
Cultural Resources. The designation process must be completed prior to the City
accepting a conditional use application for the structure unless the Planning
Director determines that it is in the best interest of the City to process the
designation and conditional use applications at the same time because of the risk
of probable demolition;
(2)The use is conducive to the preservation of the landmark site;
(3)The use is compatible with the surrounding residential neighborhood; and
(4)The use does not result in the removal of residential characteristics of the
structure (if the structure is a residential structure), including mature landscaping.
b.Condition Of Approval: A preservation easement in favor of the City shall be placed
upon the landmark site.
SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section
21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Residential Districts) shall be amended only as to the use categories "Adaptive
reuse of a landmark site", "Dwelling, multi-family" and "Mixed use development" and to repeal
only the use category "Temporary use of closed schools and churches", with no other changes to the
table, which aforementioned use categories shall read and appear in that table as follows:
5
Use Permitted And Conditional Uses By District
FR-1/ FR-2/ FR-3/ R-1/R-1/R-1/SR-1 SR-2 SR-3 R-2 RMF-RMF-RMF-RMF-RB R-MU-R-MU-R-MU RO
43,560 21,780 12,000 12,000 7,000 5,000 30 35 45 75 35 45
Adaptive cs cs cs cs cs cs cs cs cs cs cs cs cs p8. ps. ps. ps p8
reuse for
additiona
I uses in
eligible
buildings
Dwelling ps ps ps ps ps ps p s ps ps ps p p p p p p p p p
, multi-
family
Mixed p p p p p
use
develop
ment
1,-, Gl2 Gl2 Gl2 Gl2 Gl2 Gl2 Gl2 Gl2 Gl2 Gl2 Gl2 Gl2 Gl2 Gl2 •y~ -· y use of
€lesea
S€heels aoo
em¼Fehes 6
SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the
"Qualifying Provisions" notes to the Table of Permitted and Conditional Uses for Residential
Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to
notes "l ", "6", "8" and "19" which shall appear in numerical order with the other notes and read as
follows:
1.Reserved.
6.Building additions on lots less than 20,000 square feet for office uses may not exceed 50
percent of the building's footprint. Building additions greater than 50 percent of the
building's footprint or new office building construction are subject to a design review
unless the building qualifies for the incentives in 21A.52.060.
8.Subject to conformance with the provisions of Subsection 21A.52.060.A.
19.Reserved.
SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section
21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Commercial Districts) shall be amended only as to the use category "Bed and
breakfast" and to repeal only the use categories "Adaptive reuse of a landmark site", "House
museum in landmark sites" and "Offices and reception centers in landmark sites", with no other
changes to the table, which aforementioned use categories shall read and appear in that table as
follows:
Use Permitted and Conditional Uses by District
CN CB cs 1 cc CSHBD 1 CG SNB
Adaptive reuse p p p p p p
ef a laadmark
7
Bed and p p p
breakfast manor
lleHse mHseHm G
in lanamaf:k: sites
Esee sHeseetien
2lA.24.QlQ� ef
this title)
Gffiees ans G
reeeptien eenters
in lanamark: sites
Esee sHeseetien
2lA.24.QlQ� ef
this title)
SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.030. That the
"Qualifying Provisions" notes to the Table of Permitted and Conditional Uses for Commercial
Districts of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only as to
note "3" which shall appear in numerical order with the other notes and read as follows:
3.Reserved.
SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.035. That Section
21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Transit Station Area Districts) is amended only to repeal the use categories
"Adaptive reuse of a landmark site", "House museum in landmark sites" and "Offices and reception
centers in landmark sites", in the Table of Permitted and Conditional Uses for Transit Station Area
Districts, with no other changes to the table, as follows:
Use
TSA-UC
Permitted and Conditional Uses by District
TSA-UN TSA-MUEC
8
TSA-SP
Core Transition Core Transition Core Transition Core Transition
1�.:Elapti:i,,e p p p p p p p p
Feuse e:fa
lanElmaFk site
Hoose p p p p p p p p
museumm
lcmElmafk
sites Esee
subsectien 2
lA.24.QH)g
e:f this titlej
Qffices anEI p p p p p p p p
Fece13tien
centern in
lanElmafk
sites Esee
subsectien
2lA.24.QlQ.
g e:fthis
title-}
SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section
21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Pennitted and
Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category
"Adaptive reuse of a landmark site", in the Table of Permitted and Conditional Uses for
Manufacturing Districts, with no other changes to the table, as follows:
Use
AElapfri,,e Feuse e:f a lanElmafk site
Permitted and Conditional Uses by District
M-1 I M-2
G I G::;.
SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the
"Qualifying Provisions" notes to the Table of Pennitted and Conditional Uses for Manufacturing 9
Districts of Section 21 A.33 .040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as
to note "7" which shall appear in numerical order with the other notes and read as follows:
7.Reserved.
SECTION 16. Amending the text of Salt Lake City Code Section 21A.33.050. That Section
21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Downtown Districts) shall be amended only to repeal the use category
"Adaptive reuse of a landmark site", in the Table of Permitted and Conditional Uses for Downtown
Districts, with no other changes to the table, as follows:
Use Permitted and Conditional Uses by District
D-1 D-2 D-3 D-4
Aaa�ti:i,ze fl�'HS6 p p p
ef a laeamai:k
SECTION 17. Amending the text of Salt Lake City Code Section 21A.33.050. That the
"Qualifying Provisions" notes to the Table of Permitted and Conditional Uses for Downtown
Districts of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only as to
note "4" which shall appear in numerical order with the other notes and read as follows:
4.Reserved.
SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses in the Gateway District) shall be amended only to repeal the use category
"Adaptive reuse of a landmark site", in the Table of Permitted and Conditional Uses in the Gateway
District, with no other changes to the table, as follows:
I Use
Ad"fllive reuse ef a la,,.Jmark site
G-MU
p
SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Special Purpose Districts) shall be amended only for the use categories
"Adaptive reuse of a landmark site" and "Dwelling: Multi-family", in the Table of Permitted and
Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows:
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SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the
"Qualifying Provisions" notes to the Table of Permitted and Conditional Uses for Special Purpose
Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only
as to note "2" which shall appear in numerical order with the other notes and read as follows:
2.Subject to conformance with the provisions of Subsection 21A.52.060.A.
SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses in Form Based Districts) shall be amended only as to the use categories "Adaptive
reuse of a landmark site", "Dwelling: Multi-family", and "Reception center" and to repeal only the
use categories "House museum in a landmark", and "Office and/or reception center in a landmark
site", in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes
to the table, as follows:
Use Permitted and Conditional Uses by District
FB-UNl FB-UN2 FB-MUl l FB-SC FB-SE
Adaptive reuse for additional uses C9
in eligible buildings
Dwelling:
Multi-family p9 p p p p
Hettse mttsettm m laaElmafk: site :p :p :p :p :p
Office aaEl/er Receptiea ceater ia a :p :p :p :p
laaElmafk: site
Reception center p p p p
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SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the
"Qualifying Provisions" notes to the Table of Permitted and Conditional Uses in Form Based
Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note
"9", which shall appear in numerical order with the other notes and read as follows:
9.Subject to conformance with the provisions of Subsection 21A.52.060.A.
SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section
21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School
Buildings) is hereby repealed in its entirety as follows:
21A.36.170: RESERVED
SECTION 24. Amending the text of Subsection 2 lA.44.060.A.1 That Subsection
21A.44.060.A.1 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading:
Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building
Served), shall be and hereby is amended to read as follows:
1.Parking Located on Same Lot as Use or Building Served: All parking spaces required
to serve buildings or uses erected or established after the effective date of this
ordinance shall be located on the same lot or parcel as the building or use served,
unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, "Off-Site Parking
Permitted", or 21A.55.020, "Planned Developments-Authority".
SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That
Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall
be, and hereby is amended to read as follows:
21A.52.020 APPLICABILITY:
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A.This chapter applies as indicated within each subsection.
B.The planned development process in Chapter 21A.55 is not required as indicated within
this chapter.
C.The administrative planned development process in Chapter 21A.55, and the
administrative design review process in Chapter 21A.59 may be applicable as indicated
within this chapter.
SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That
Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base
Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as
follows:
21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
ZONING DISTRICTS:
Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
standards and requirements take precedence.
SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That
Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process)
shall be, and hereby is amended to read as follows:
21A.52.040: APPROVAL PROCESS:
Unless specifically exempted or modified by this chapter, all requirements of this title shall
apply.
A.Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a
zoning incentives application and provide the following information:
1.The applicant's name, address, telephone number and interest in the property to which
the incentives shall apply;
2.The owner's name, address and telephone number, if different than the applicant, and
the owner's signed consent to the filing of the application;
3.The street address, tax parcel number and legal description of the subject property;
4.The zoning classification, zoning district boundaries and present use of the subject
property;
5.The location of all existing and proposed buildings and structures, accessory and
principal, showing the number of stories and height, dwelling type, if applicable,
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major elevations and the total square footage of the floor area by proposed use and
any additional information required for site plan review set forth in Chapter 21A.58;
6.The total number of dwelling units in the project, the number of affordable units, the
number of bedrooms in the affordable units, the location of the affordable units, and
level of affordability;
7.Any additional information required by Chapter 21A.59 design review or 21A.55
planned development, as applicable; and
8.Any additional information the zoning administrator deems necessary to demonstrate
compliance with this chapter.
B.Preliminary approval shall authorize the preparation, filing and processing of applications
for any permits or approval that may be required by the city, including, but not limited to,
a building permit. Notwithstanding the foregoing, no permits shall be issued until final
approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a
period of one year unless complete building plans have been submitted to the Division of
Building Services.
C.Administrative design review and administrative planned development, where applicable,
shall be exempt from the application fees and noticing fees otherwise required pursuant
to Chapters 21A.59 and 21A.55.
D.Following the approval of any administrative design review or planned development
application, any future alteration to the property, building or site shall comply with the
approved application unless a modification is approved subject to the process outlined in
Chapters 21A.59 and 21A.55, as applicable.
E.Final approval shall occur following the recording of the restrictive covenant.
F.Preliminary and final approvals shall be administrative approvals by the planning director
or the planning director's designee.
SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That
Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable
Housing Incentives: Purpose) shall be and hereby is amended to read as follows:
21A.52.050 AFFORDABLE HOUSING INCENTIVES:
A.Purpose: The incentives set forth in this section are intended to encourage the
development of affordable housing. The provisions within this section are intended to
facilitate the construction of affordable housing by allowing more inclusive development
than would otherwise be permitted in the base zoning districts. Housing constructed using
the incentives is intended to be compatible in form with the neighborhood and provide for
safe and comfortable places to live and play.
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SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3.
That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives:
Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows:
3. Incentives in the CB Community Business, CC Corridor Commercial, CG General
Commercial, and I Institutional Zoning Districts:
a.The following housing types: row houses, sideways row houses, and cottage
developments are authorized.
b.The minimum open space requirements in the I Institutional zoning district do
not apply.
c.To be eligible for the incentives listed in this subsection 3, a development shall
meet the affordability requirements for Type C in Table 21A.52.050.G.
SECTION 30. Amending the text of Salt Lake City Code Chapter 2 lA.52. That Chapter
21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended
to add a new Section 21A.52.060, with no other revisions to the chapter, to read as follows:
21A.52.060: BUILDING PRESERVATION INCENTIVES:
The provisions in this section provide optional incentives to development projects that include
the preservation of an existing building. The incentives located in Subsection 2 lA.52.060.A may
be combined with the incentives outlined in Subsection 2 lA.52.060.B.
A.Adaptive Reuse for Additional Uses in Eligible Buildings:
1.Purpose: To allow additional land uses in buildings that generally contribute to the
character of the city so they can be redeveloped for economically viable uses. These
buildings may be underutilized or have outlived their original use due to economic
conditions, size of the building, a substantial degree of deterioration of the property,
or other factors. Eligible buildings may hold historical or cultural significance or
contribute to the existing neighborhood fabric through their architectural features,. .size, or previous use.
2.Applicability: The incentives in this subsection apply to adaptive reuse of a building
that meets the eligibility standards in 21A.52.060.A.3.
3.Eligibility Standards:
a.The following buildings are eligible for the incentives in this subsection:
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(1)Landmark Sites;
(2)Buildings individually listed on the National Register of Historic Places;
(3)Buildings designed and formerly used for schools, hospitals, places of
worship, or other similar institutional uses; and
(4)Buildings that the planning director has deemed significant based on the
structure's association with events that have contributed to broad patterns of
history, association with lives of persons important in the city's past, or
displays distinctive characteristics of a type, period, or method of
construction.
b.Exterior features that are important in defining the overall character of the
building shall be retained.
c.Exterior alterations to the eligible building shall meet the standards in
21A.34.020.G.
d.The proposed use is conducive to the preservation of the building.
e.A change of use to a residential use is not permitted in the OS (Open Space)
zoning district.
f.If the eligible building is located in a residential zoning district, and the existing
use is residential, a change of use to nonresidential is not permitted.
g.Properties subject to the H Historic Preservation Overlay must obtain a Certificate
of Appropriateness in accordance with 21A.34.020.
4.Incentives:
a.Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(l), any use
may be allowed as a permitted or conditional use in zoning districts where
Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use
tables in Chapter 21A.33, subject to the provisions in this subsection and any
specific provisions applicable to the use in this title. Any conditional use shall be
reviewed pursuant to the procedures and standards outlined in Chapter 2 lA.54.
(1)Prohibited Uses: A change of use to one of the following uses is prohibited:
Ambulance services (indoor and outdoor), amusement park, auditorium, bio
medical facility, bus line station/terminal, bus line yard and repair facility, car
wash, check cashing/payday loan business, community correctional facility
(large and small), contractor's yard/office, drive-through facility associated
with any use, equipment rental (indoor and outdoor), gas station, heliport,
hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind
energy system, laundry and dry cleaning establishments, limousine service
(large and small), heavy manufacturing, pet cemetery, recycling collection
station, sexually oriented business, sign painting/fabrication, storage
(outdoor), public storage (outdoor), wireless telecommunications facility,
homeless resource centers, and any other uses that are only allowed in the
manufacturing districts.
b.Parking and Loading: The following are the minimum off-street parking and
loading requirements for the eligible building. These minimums may be further
reduced with the alternatives to minimum parking calculations in 2 lA.44.050.
(1)Multi-Family: 0.5 off-street parking space per dwelling unit is required;
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(2)Nonresidential: The minimum number of required off-street parking spaces
for the proposed use listed in the general context of the required off-street
parking table in 21A.44 may be reduced by 40%;
(3)Existing Parking Below the Minimum: If the existing parking for the eligible
building does not meet the minimum off-street parking requirements above,
no additional parking shall be required;
(4)Loading areas as indicated in Table 21A.44.070-A shall not be required.
c.Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements
of the zoning district do not apply for the adaptive reuse in all zoning districts. In
the RMF-30 zoning district, the minimum lot size per dwelling unit does not
apply.
5.Restrictive Covenant Required: Any owner who uses the incentives in Subsection
21A.52.060.A shall enter into a legally binding restrictive covenant, the form of
which shall be approved by the city attorney. The restrictive covenant shall be
recorded on the property with the Salt Lake County Recorder prior to issuance of a
building permit for a building using the incentives. The restrictive covenant shall run
with the land for the duration of the adaptive reuse and shall provide for the
following, without limitation:
a.Acknowledge the use of the incentives, the nature of the approval, and any
conditions thereof;
b.Shall guarantee that the physical elements of the eligible building used to qualify
for the incentives shall remain in substantially the same form and exterior features
important to the character of the building shall be preserved for the duration of the
adaptive reuse or if subject to 2 lA.34.020, indefinitely unless otherwise permitted
by the terms of a certificate of appropriateness;
c.The terms of compliance with all applicable regulations and the potential
enforcement actions for any violation of the restrictive covenant.
6.Modifications to Approved Adaptive Reuse: Any modification to the use approved
under these incentives requires a new zoning incentives application. Any new
adaptive reuse shall also require a new zoning incentives application unless the new
use is permitted in the table of permitted and conditional uses for the zoning district.
7.Enforcement: Violations of this Subsection A, or the restrictive covenant on the
property as set forth in 2 lA.52.060.A.5, shall be investigated and prosecuted pursuant
to 21A.20. The city shall have additional remedies or financial penalties for
violations as identified in the terms of the restrictive covenant required by Subsection
21A.52.060.A.5, which shall be reasonably related to enforcement of the
requirements and purpose of Subsection 21A.52.060.A.
B.Preservation of a Principal Building:
1.Purpose: The incentives set forth in this section are intended to encourage the
preservation of buildings, supporting city goals related to sustainability,
neighborhoods, economy, and housing. The provisions are designed to support
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developments that include preserving an eligible building by allowing flexibility with
certain zoning regulations while still maintaining the unique urban fabric and
character of neighborhoods.
2.Applicability: The incentives in this subsection apply to projects in all zoning districts
that preserve an existing principal building that meets the eligibility standards in
21A.5 2.060.B.3. These incentives may be applied to existing principal buildings and
new construction within the same development area. For the purposes of this
subsection, the development area may include multiple abutting lots or parcels.
3.Eligibility Standards:
a.Building Age: The existing building to be preserved shall be a minimum of 50
years old.
b.Minimum Footprint of Eligible Building: The footprint of the eligible building to
be preserved covers a minimum of 25% of the development area. A lower
percentage may be considered by the planning director if the building has frontage
on a public street, contains a publicly accessible use such as retail, restaurant, or
entertainment, or would be highly visible from public spaces within the interior of
the site.
c.Retention of All Existing Principal Structures: In the FR-I, FR-2, FR-3, R -
1/1 2,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-l A, SR-3, and all RMF zoning
districts, all existing principal structures included in the overall development area
shall be retained.
d.Modifications to Existing Building: A maximum of 25% of each street facing
building wall may be removed to accommodate modifications or additions. No
more than 50% of the building's exterior walls may be removed. Portions of a
building wall with character defining architectural features shall not be removed.
e.Retention of Existing Active Commercial Uses: Eligible buildings with existing
active commercial uses with ground level street frontage are subject to the
following requirements. For the purpose of this subsection, active commercial
uses are those that support the vibrancy and usability of the public realm adjacent
to a building and encourage pedestrian activity and walk-in traffic. Active uses
may include retail goods/service establishments, restaurants, bars, art and craft
studios, or other uses determined to be substantially similar in terms of activation
by the planning director.
(1)A minimum of 50% of the length shall be retained along the street frontage in
the existing building or be included as part of the new development. If
included in the new development, the active commercial use shall have the
primary entrance on the street frontage with direct public access from the
street frontage.
(2)The existing depth of the active commercial use shall be maintained or a
minimum depth of 25 feet, whichever is less.
(3)These requirements do not apply to nonconforming active commercial uses
with ground level street frontage.
4.Incentives:
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a. Planned Development Waived: A planned development is not required for the
following:
(1)More Than One Principal Building Per Lot: More than one principal building
per lot is allowed without having frontage along a public street.
(2)Lots without Frontage on a Public Street: Lots do not require frontage on a
public street if necessary cross access easements are provided.
b.Administrative Planned Development: The following are authorized through an
administrative planned development pursuant to the procedures and standards in
Chapter 21A.55. The minimum planned development size required by
21A.55.060 does not apply:
(1)Modification to the minimum yard requirements.
(2)Modification to the open space and landscaping requirements when the
modification specifically relates to preserving the existing building(s).
(3)Modifications to the provisions for awnings and canopies, balconies, patios,
and porches in Table 21A.36.020.B, Obstructions in Required Yards.
(4)Modifications to the parking location and setback requirements in Table
21A.44.060.A.
(5)Parking within the boundary of a planned development area but located on a
different parcel or lot than the use( s) it is intended to serve, is allowed and is
not considered off-site parking. The parking must only serve the uses within
the planned development area unless otherwise authorized by other provisions
of this title.
c.Minimum Lot Area, Width & Coverage:
(1)The minimum lot width for the land use found in the minimum lot area and lot
width tables of the zoning district does not apply.
(2)The minimum lot area for the land use found in the minimum lot area and lot
width tables of the zoning district only applies for the following zoning
districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000.
(3)RMF-30 zoning district: The minimum lot size per dwelling unit does not
apply.
(4)Lot coverage may be calculated for the overall development area not the
individual lot or parcel within the development area.
d.Height: Additional building height is authorized in zoning districts as indicated in
the following sections through administrative design review. The maximum
height per story of the additional building height incentive shall not exceed 12
feet. Administrative design review shall be reviewed pursuant to the procedures
and standards in Chapter 21A.59. The additional height authorized by this
subsection shall not be combined with the additional height authorized by
Subsection 21A.52.050, Affordable Housing Incentives.
( 1)Residential districts:
Zoning District Permitted Maximum Height with Incentive
RMU-35 45 ', regardless of abutting use or zone.
RMU-45 5 5 ', regardless of abutting use or zone.
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RB 1 additional story equal to or less than the average height of the
other stories in the building.
RMU 3 additional stories equal to or less than the average height of the
other stories in the building.
RO 1 additional story equal to or less than the average height of the
other stories in the building.
(2)Commercial Districts:
Zoning District Permitted Maximum Height with Incentive
CB 1 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'
CG 2 additional stories equal to or less than the average height of
the other stories in the building.
3 additional stories equal to or less than the average height of
the other stories in the building for properties in the boundary
described in 21A.26.070.G.
CSHBDl 105' and 2 additional stories equal to or less than the average
height of the other stories in the building.
CSHBD2 60' and 1 additional story equal to or less than the average
height of the other stories in the building.
TSA-Transition 1 additional story equal to or less than the average height of the
other stories in the building.
TSA-Core 2 additional stories equal to or less than the average height of
the other stories in the building.
(3)Form-based districts:
Zoning District Permitted Maximum Height with Incentive
MU-8 90' and 2 additional stories equal to or less than the average
height of the other stories in the building.
FB-MUll 125' and 3 additional stories equal to or less than the average
height of the other stories in the building.
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FB-UN2 1 additional story equal to the average height of the other stories
in the building.
FB-SC 1 additional story equal to the average height of the other stories
in the building.
FB-SE 1 additional story equal to the average height of the other stories
in the building.
FB-UNl 3 stories and 30' in height.
(4)Downtown districts:
Zoning District Permitted Maximum Height with Incentive
D-2 120' and 2 additional stories equal to or less than the average
height of the other stories in the building.
D-3 180' and 3 additional stories equal to or less than the average
height of the other stories in the building.
(5)Other districts:
Zoning District Permitted Maximum Height with Incentive
GMU 180' and 2 additional stories equal to or less than the average
height of the other stories in the building.
MU 60' provided that the additional height is for residential uses
only.
I Building heights in excess of 35' but not more than 75'
provided, that for each foot of height over 35', each required
yard shall be increased 1 '.
UI Building heights in excess of 75' but not more 120' provided
that the additional height is supported by the master plan and
compatible with the adjacent neighborhood.
OS -Lots greater than 4 Building heights in excess of 45' up to 60' provided that for
acres each foot of height over 45 ', each required yard and landscaped
yard shall be increased by 1 '.
e.Administrative design review is permitted for the following:
(1)Buildings in the CSHBD 1 or CSHBD2 zoning district that exceed 20,000
square feet in size.
(2)Buildings in the CB zoning district that exceed 7,500 gross square feet of floor
area for a first-floor footprint or in excess of 15,000 gross square feet floor
area.
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f.Parking: The following are the minimum off-street parking requirements unless a
lesser requirement is listed in the required off-street parking table in 2 lA.44.
These minimums may be further reduced with the alternatives to minimum
parking calculations in 21A.44.050.
(1)Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling
unit for all other residential uses.
(2)Nonresidential: The minimum number ofrequired off-street parking spaces
for the proposed use listed in the required off-street parking table in 21A.44
may be reduced by 40%.
(3)Existing Parking Below the Minimum: If the existing parking for the eligible
building does not meet the minimum off-street parking requirements above,
no additional parking shall be required.
(4)Loading areas as indicated in Table 21A.44.070-A shall not be required.
g.Minimum Required Yards: The minimum required yards may apply to the
perimeter of the development area and not to the individual lot or parcel within
the development area.
5.Design Standards for New Construction: Unless a stricter design standard related to
each of the following is included in the base zone or Chapter 21A.37, the following
design standards are required for all zones except single and two-family zoning
districts:
a.Building Materials: Other than windows and doors, 50% of any street facing
facade shall be clad in durable materials. Durable materials include stone, brick,
masonry, textured or patterned concrete, fiber cement board or other material that
includes a minimum manufacturer warranty of 20 years from color fading,
weather, and local climate induced degradation of the material. Other materials
may be used for the remainder of the facade facing the street. Other materials
proposed to satisfy the durable requirement may be approved at the discretion of
the planning director if it is found that the proposed material is durable and is
appropriate for the proposed location on the building.
b.Ground Floor Glass: The surface area of the ground floor of a street facing fac;:ade
shall contain a minimum percentage of glass as indicated below, calculated
between 3 feet and 8 feet above grade. All ground floor glass shall allow
unhampered and unobstructed visibility into the building for a depth of at least 5
feet, excluding any glass etching and window signs when installed and permitted
in accordance with Chapter 21A.46, "Signs", of this title.
(1)Nonresidential Uses: 50% ground floor glass
(2)Residential Uses: If the ground level of the building is occupied by residential
uses that face the street, the minimum glass requirement is 20%.
c.Upper Floor Glass: The surface area of the fac;:ade of each street facing floor
above the ground floor must contain a minimum of 20% glass.
d.Maximum Length of a Blank Wall: The maximum length of any blank wall
uninterrupted by windows or doors at the ground floor level along any street
facing fac;:ade is 15 feet. Emergency exit doors and doors to access structured
parking or utility equipment shall not count as an interruption.
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e.Maximum Length of Street Facing Facades:
( 1)The maximum length of each street facing building facade shall not exceed
100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts.
(2)The maximum length of each street facing building fa9ade shall not
exceed 175 feet in all other zoning districts.
f.Building Entrances: A building entrance that provides direct access to the use with
a walkway connected to the public sidewalk is required for each ground floor
street facing fa9ade as follows:
(1)Single Family Attached: All units abutting a street shall have the primary
entrance on the street.
(2)Multi-family: At least one building entrance is required for each street facing
fa9ade. Additional building entrances shall be required every 75 feet.
(3)Unless the base zone of the property has specific entry feature requirements,
all required residential building entries shall have an unenclosed entry porch,
portico, awning or canopy, or emphasized doorway entry feature as described
in 21A.37.050.P. The entry feature may encroach in the front yard setback, but
the encroachment shall not be closer than 5 feet from the front property line.
(4)Nonresidential Uses: At least one building entrance is required for each street
facing fa9ade. Additional building entrances shall be required every 40 feet.
g.Garage Doors Facing Street: Garage doors are prohibited on the fa9ade of the
building that is parallel to, or located along, a public street.
h.Screening of Mechanical Equipment: All mechanical equipment shall be screened
from public view and sited to minimize their visibility and impact. Examples of
siting include on the roof, enclosed or otherwise integrated into the architectural
design of the building, or in a rear or side yard area subject to yard location
restrictions found in Section 2 lA.36.020, Table 21A.36.020B, "Obstructions In
Required Yards".
6.Restrictive Covenant Required: Any owner who uses the incentives in Subsection
21A.52.060.B shall enter into a legally binding restrictive covenant, the form of
which shall be approved by the city attorney. The restrictive covenant shall be
recorded on the property with the Salt Lake County Recorder prior to issuance of a
building permit for a building using the incentives. The restrictive covenant shall run
with the land and shall provide for the following, without limitation:
a.Acknowledge the use of the incentives, the nature of the approval, and any
conditions thereof;
b.Shall guarantee that the physical elements of the eligible building used to qualify
for the incentives shall remain in substantially the same form and exterior features
important to the character of the building shall be preserved during the term;
c.Projects that apply the incentives to new buildings on the development site shall
guarantee retention of the eligible building used to qualify for the incentives for a
minimum term of 30 years or, if the eligible building is subject to 2 lA.34.020,
indefinitely unless otherwise permitted by the terms of a certificate of
appropriateness after such 30 year period;
d.The terms of compliance with all applicable regulations and the city's potential
remedies for any violation of the restrictive covenant.
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7.Enforcement: Violations of this Subsection B, or the restrictive covenant on the
property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant
to 21A.20. The city shall have additional remedies or financial penalties for violations
as identified in the terms of the restrictive covenant required by Subsection
21A.52.060.B.6, which shall be reasonably related to enforcement of the
requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a
violation of the covenant may include liquidated damages representing a reasonable
estimate of the value of the incentives, plus other associated damages valued up to
20% of the tax assessed value of the preserved building over the three preceding
years.
SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That
Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall
be, and hereby is amended to read as follows:
21A.55.020: AUTHORITY:
A.Administrative Review: The planning director may approve, approve with
modifications, deny, or refer to the planning commission modifications to specific
zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying
provisions in 21A.52.060.B in accordance with the standards and procedures set forth in
this chapter and other regulations applicable to the district in which the property is
located.
B.Planning Commission Review: The planning commission may approve planned
developments for uses listed in the tables of permitted and conditional uses for each
category of zoning district or districts. The approval shall be in accordance with the
standards and procedures set forth in this chapter and other regulations applicable to the
district in which the property is located.
In approving a planned development, the planning commission may change, alter, modify
or waive the following provisions of this title:
1.Zoning and Subdivision Regulations: Any provisions of this title or of the city's
subdivision regulations as they apply to the proposed planned development except
that the planning commission cannot approve a use that is not allowed in the zoning
district in which the planned development is located.
2.Off-Site Parking: Parking within the boundary of a planned development area, but
located on a different parcel or lot than the use(s) it is intended to serve, is allowed
and not considered off-site parking. The parking must only serve the uses within the
planned development area unless otherwise authorized by other provisions of this
title.
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3.Building Height: Up to five feet (5') of additional building height, except in the FR,
R-1, SR, or R-2 zoning districts where additional building height cannot be approved
through the planned development process.
4.Density: Residential planned developments shall not exceed the density limitation of
the zoning district where the planned development is proposed except as allowed
below. The calculation of planned development density may include open space that
is provided as an amenity to the planned development. Public streets located within
or adjacent to a planned development shall not be included in the planned
development area for the purpose of calculating density.
a.In the RMF zoning districts and on lots 0.20 acres or more in size, developments
that change a nonconforming commercial use to a residential use that is allowed
in the zoning district are exempt from the density limitations of the zoning
district when approved as a planned development.
SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That
Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning
Commission Decision) shall be and hereby is amended to read as follows:
21A.55.030: DECISION:
A.No Presumption of Approval: A request for a planned development does not constitute an
assurance or presumption that such planned development will be approved. Rather, each
proposed planned development shall be evaluated on an individual basis, in relation to its
compliance with the standards and factors set forth in this chapter and with the standards
for the zoning district in which it is located, in order to determine whether the planned
development is appropriate at a particular location.
B.Approval: The planning commission or planning director in the case of administrative
planned developments, may approve a planned development as proposed or may impose
conditions necessary or appropriate for the planned development to comply with the
standards and factors set forth in this chapter.
C.Denial: The planning commission or planning director in the case of administrative
planned developments, may deny an application for a planned development if it finds that
the proposal does not meet the intent of the base zoning district, does not meet the
purpose of this chapter, or is not consistent with the standards and factors as set forth in
this chapter.
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SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That
Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures)
shall be and hereby is amended to read as follows:
21A.55.040: PROCEDURES:
A.Application: An application for a planned development shall be made on an application
form prepared by the zoning administrator and accompanied by applicable fees as noted
in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible
for payment of all mailing fees established for required public noticing. A complete
application shall contain at least the following information submitted by the applicant,
unless certain information is determined by the zoning administrator to be inapplicable or
unnecessary to appropriately evaluate the application:
1.A complete description of the proposed planned development including the zoning
regulations being modified in the planned development and the planning objectives
being met;
2.When the proposed planned development includes provisions for common open space
or recreational facilities, a statement describing the provision to be made for the care
and maintenance of such open space or recreational facilities;
3.A written statement with supporting graphics showing how the proposed planned
development is compatible with other property in the neighborhood;
4.Plans, as required pursuant to Section 21A.58.060 of this title, with the exception of
the number of copies required;
5.Architectural graphics including floor plans, elevations, profiles and cross sections;
6.A preliminary subdivision plat, if required;
7.Traffic impact analysis, where required by the City Transportation Division; and
8.Other information or documentation the zoning administrator may deem necessary for
proper review and analysis of a particular application.
B.Determination of Completeness: Upon receipt of an application for a planned
development, the zoning administrator shall make a determination of completeness of the
application pursuant to Section 21A.10.010 of this title.
C.Public Notification and Engagement:
1.Notice of Application for Administrative Review: Prior to the approval of an
application that qualifies for administrative review, the planning director shall
provide written notice as provided in Chapter 21A.10.020.B.
2.Required Notice for Planning Commission Review:
a.Applications subject to planning commission review are subject to the notification
requirements of Chapter 2.60.
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b.Any required public hearing is subject to the public hearing notice requirements
found in Chapter 21 A. IO.
SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That
Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for
Planned Developments) shall be, and hereby is amended, as to the preamble only with
Subsections A through G unchanged:
21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS:
The planning commission, or the planning director in the case of an administrative planned
development, may approve, approve with conditions, or deny a planned development based upon
written findings of fact according to each of the following standards. It is the responsibility of the
applicant to provide written and graphic evidence demonstrating compliance with the following
standards:
SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That
Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the
Planning Commission Decision) shall be and hereby is amended to read as follows:
21A.55.070: APPEAL OF THE DECISION:
Any person adversely affected by a final decision of the planning commission or planning
director in the case of administrative planned developments, may appeal to the appeals hearing
officer in accordance with the provisions of Chapter 21A.16 of this title. The filing of the appeal
shall not stay the pending the outcome of the appeal, except as provided for under
Section 21A.16.030F of this title.
SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That
Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on
Approved Planned Development) shall be and hereby is amended to read as follows:
21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT:
29
No planned development approval shall be valid for a period longer than one year unless a
building permit has been issued or complete building plans have been submitted to the Division
of Building Services and Licensing. The planning commission or planning director in the case of
an administrative planned development, may grant an extension of a planned development for up
to one additional year when the applicant is able to demonstrate no change in circumstance that
would result in an unmitigated impact. Extension requests must be submitted prior to the
expiration of the planned development approval.
SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That
Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of
Approval of Planned Development) shall be and hereby is amended to read as follows:
21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT:
The approval of a proposed planned development by the planning commission or planning
director in the case of an administrative planned development, shall not authorize the
establishment or extension of any use nor the development, construction, reconstruction,
alteration or moving of any building or structure, but shall authorize the preparation, filing and
processing of applications for any permits or approvals that may be required by the regulations
of the city, including, but not limited to, a building permit, a certificate of occupancy and
subdivision approval.
SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That
Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications
to Development Plan) shall be and hereby is amended to read as follows:
21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN:
Following planned development approval, the development plan approved by the planning
commission or planning director in the case of an administrative planned development, shall
constitute the site design in relation to building placement and design, landscaping, mobility and
circulation elements, and any elements that were approved as zoning modifications through the
planned development process. Modifications to the development plan may be allowed pursuant
to this section.
A.New Application Required for Modifications and Amendments: Modifications or
amendments shall be subject to the provisions of this section.
30
B.Minor Modifications: The planning director may authorize minor modifications to the
approved development plan when such modifications appear necessary in light of
technical or engineering considerations necessary to comply with an adopted building,
fire, or engineering code or standard or when the modification complies with the
applicable standards in the underlying zoning district or overlay district. Such minor
modifications shall be limited to the following elements:
1. Adjusting the distance as shown on the approved development plan between any
one structure or group of structures, and any other structure or group of structures,
or any vehicular circulation element;
2.Adjusting the location of any open space;
3.Adjusting any final grade;
4.Altering the types oflandscaping elements and their arrangement within the
required landscaping buffer area;
5.Signs;
6.Relocation or construction of accessory structures that comply with the provisions
of 2 lA.40 and any applicable accessory structure regulations; or
7. Additions which comply with the lot and bulk requirements of the underlying
zone.
Such minor modifications shall be consistent with the intent and purpose of this title and
the development plan as approved pursuant to this chapter and shall be the minimum
necessary to comply with the standards of the underlying zoning district or the applicable
building, fue, or engineering code or standard. A minor modification shall not be
approved if the modification reduces a required building setback, authorizes an increase
in lot coverage, or increases building height.
C.Major Modifications: Any modifications to the approved development plan not
authorized by Subsection B shall be considered to be a major modification. The planning
commission or planning director in the case of an administrative planned development,
shall give notice to all property owners consistent with notification requirements located
in chapter 21A.10 of this title. The planning commission or planning director in the case
of an administrative planned development, may approve an application for a major
modification to the approved development plan, not requiring a modification of written
conditions of approval or recorded easements, upon finding that any changes in the plan
as approved will be in substantial conformity with the approved development plan. If the
commission or planning director in the case of an administrative planned development,
determines that a major modification is not in substantial conformity with the approved
development plan, then the commission or planning director in the case of an
administrative planned development, shall review the request in accordance with the
procedures set forth in this section.
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D.Other Modifications: Any modification to the planned development that complies with
the standards of the underlying zoning district or overlay zoning district is allowed
provided the modification does not violate a condition of approval or other requirement
placed on the planned development as part of the approval of the application and required
permits and approvals are obtained.
SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That
Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority:
Administrative Review) shall be, and hereby is amended to read as follows:
A.Administrative Review: The planning director may approve, approve with modifications,
deny or refer to the planning commission modifications to specific design standards when
proposed as new construction, an addition or modification to the exterior of an existing
structure, or a modification to an existing structure as authorized in Section 21A.59.040,
Table 21A.59.040 of this chapter or when authorized elsewhere in this title.
1.The director shall approve a request to modify a design standard if the director
finds that the proposal complies with the purpose of the individual zoning district,
the purpose of the individual design standards that are applicable to the project,
the proposed modification is compatible with the development pattern of other
buildings on the block face or on the block face on the opposite side of the street,
and the project is compliant with the applicable design review objectives
(Section 21 A.59 .050 of this chapter).
2.The director may approve a request to modify a design standard with conditions
or modifications to the design if the director determines a modification is
necessary to comply with the purpose of the base zoning district, the purpose of
the applicable design standards of the base zoning, to achieve compatibility with
the development pattern of other buildings on the block face or on the block face
on the opposite side of the street, or to achieve the applicable design review
objectives.
3.The director shall deny a request to modify a design standard if the design does
not comply with the purpose of the base zoning district, the purpose of the
applicable design standards or the applicable design review objectives and no
modifications or conditions of approval can be applied that would make the
design comply.
4.The director may fo1ward a request to modify a design standard to the planning
commission if the director finds that the request for modification is greater than
allowed by this chapter, a person receiving notice of the proposed modification
can demonstrate that the request will negatively impact their property, or at the
32
request of the applicant if the director is required to deny the request as provided
in this section.
SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That
Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall
be, and hereby is amended to read as follows:
a.Amending the definition of"ADAPTIVE REUSE OF A LANDMARK
BUILDING." That the definition shall be amended to read as follows:
ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE BUILDINGS: Other land uses,
in addition to those specifically listed in the land use tables, may be allowed as a permitted or
conditional use subject to the provisions in Subsection 21A.52.060.A.
b.Amending the definition of"PARKING, OFF SITE." That the definition of
"PARKING, OFF SITE" shall be amended to read as follows:
PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is
located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within
the boundary of a planned development that only serves uses within the planned development
area is not considered off-site parking.
c.Repealing the definition "HOUSE MUSEUM IN A LANDMARK SITE" as
follows:
HOUSE MUSEUM IN LAJ'IIDMARK SITE: A. dwelling unit which is converted from its original
principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or
historic purposes. Such museum should include a staff who commands an appropriate body of
special knoviledge necessary to convey the historical, aesthetic or architectural attributes of the
building and its collections to the general public. Such staff should also have the ability to reach
museological decisions consonant with the experience of his or her peers and have access to and
acquaintance with the literature of the field. Such museum should maintain either regular hours
or be available for appointed visits such that access is reasonably convenient to the public.
SECTION 15. Effective Date. This Ordinance shall become effective on the date of its
first publication.
33
Passed by the City Council of Salt Lake City, Utah, this ___ day of _____ _
2024.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on __________ _
Mayor's Action: ___ Approved. Vetoed. ---
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2024. ----Published: _____ _
Adaptive Reuse Preservation Incentives_Opt2(final)v2
34
2 July
56
Jul 3, 2024
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Ordinance 56 of 2024 Text Amendment for
Zoning Incentives for Adaptive Reuse and
Preservation of Buildings
Final Audit Report 2024-07-17
Created:2024-07-03
By:Michelle Barney (michelle.barney@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAnRanzZmb5nAMpvnx4iaZ9WlNVnIVKzxQ
"Ordinance 56 of 2024 Text Amendment for Zoning Incentives fo
r Adaptive Reuse and Preservation of Buildings" History
Document created by Michelle Barney (michelle.barney@slcgov.com)
2024-07-03 - 9:45:53 PM GMT
Document emailed to katherine.pasker@slcgov.com for signature
2024-07-03 - 9:50:22 PM GMT
Email viewed by katherine.pasker@slcgov.com
2024-07-03 - 9:51:57 PM GMT
Signer katherine.pasker@slcgov.com entered name at signing as Katherine Pasker
2024-07-03 - 9:52:32 PM GMT
Document e-signed by Katherine Pasker (katherine.pasker@slcgov.com)
Signature Date: 2024-07-03 - 9:52:34 PM GMT - Time Source: server
Document emailed to victoria.petro@slcgov.com for signature
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Email viewed by victoria.petro@slcgov.com
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Email viewed by victoria.petro@slcgov.com
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Email viewed by victoria.petro@slcgov.com
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Signer victoria.petro@slcgov.com entered name at signing as Victoria Petro
2024-07-15 - 7:21:47 PM GMT
Document e-signed by Victoria Petro (victoria.petro@slcgov.com)
Signature Date: 2024-07-15 - 7:21:49 PM GMT - Time Source: server
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2024-07-15 - 7:21:52 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2024-07-16 - 4:44:06 AM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2024-07-16 - 5:22:01 PM GMT - Time Source: server
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2024-07-16 - 5:22:04 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
E-signature obtained using URL retrieved through the Adobe Acrobat Sign API
Signature Date: 2024-07-17 - 7:39:23 PM GMT - Time Source: server
Agreement completed.
2024-07-17 - 7:39:23 PM GMT