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012 of 1998 - Enacting Mixed Use Zoning Classification in the West Capitol Hill Neighborhood0 98-1 P 98-6 SALT LAKE CITY ORDINANCE No. 12 of 1998 (Enacting Mixed Use Zoning classification in West Capitol Hill Neighborhood, pursuant to Petition No. 400-96-74) AN ORDINANCE ENACTING A MIXED USE ZONING CLASSIFICATION IN THE WEST CAPITOL HILL NEIGHBORHOOD, PURSUANT TO PETITION NO. 400-96-74. WHEREAS, the West Capitol Hill Neighborhood Master Plan was adopted by the Salt Lake City Council on July 1, 1996; and WHEREAS, a key implementation strategy of the West Capitol Hill Neighborhood Plan includes specific zoning changes and the creation of a new MU Mixed Use Zoning District; and WHEREAS, the Planning Commission gave a favorable recommendation with changes to the proposed Mixed Use Zoning District text on May 1, 1997; and WHEREAS, public hearings have been held before the Planning Commission and the Salt Lake City Council. NOW, THEREFORE, be it enacted by the Council of Salt Lake City, Utah: SECTION 1. The Salt Lake City Zoning Code shall be and hereby is amended to include a MU Mixed Use Zoning District in the West Capitol Hill Neighborhood. SECTION 2. Chapter 21A.32.010 B of the Salt Lake City Zoning Code entitled "Site Plan Review" shall be and hereby is amended to read as set forth in Exhibit "A" attached hereto. SECTION 3. Chapter 21A.32.130 of the Salt Lake City Zoning Code entitled "MU Mixed Use District" shall be and hereby is amended to read as set forth in Exhibit "B" attached hereto. SECTION 4. Chapter 21A.32.140 of the Salt Lake City Zoning Code entitled "Table of Permitted and Conditional Uses for Special Purpose Districts" shall be and hereby is amended to read as set forth in Exhibit "C" attached hereto. SECTION 5. Chapter 21A.32.150 of the Salt Lake City Zoning Code entitled "Summary Table of Yard and Bulk Requirements - Special Purpose Districts" shall be and hereby is enacted to read as set forth in Exhibit "D" attached hereto. SECTION 6. Chapter 21A.44.050 of the Salt Lake City Zoning Code entitled "Parking Restrictions Within Yards Special Purpose Districts" shall be and hereby is amended to read as set forth in Exhibit "E" attached hereto. SECTION 7. Chapter 21A.48.080 D.1. of the Salt Lake City Zoning Code entitled "Improvement of Landscape Buffers" shall be and hereby is amended to read as set forth in Exhibit "F" attached hereto. SECTION 8. Chapter 21A.62.040 of the Salt Lake City Zoning Code entitled "Definitions" shall be and hereby is amended to include, in alphabetical order, the definition for "Commercial Service Establishment" as set forth in Exhibit "G" attached hereto. SECTION 9. Effective Date. This Ordinance shall become effective on the date of its first publication. 2 Passed by the City Council of Salt Lake City, Utah, this 3rd day of March , 1998. ATTEST: HIEF DEPUTY CI Y CIRDER / 4 . �- CHAIRPERS Transmitted to the Mayor on March 26, 1998 Mayor's Action: xxx Approved. Vetoed. MAYOR ATTEST: CHIEF DEPUTY CIT ' CO' P ER Bil s " 12 of 1998. Published: April 7, 1998 . APPROVED AS TO FORM Salt Lake City Ayarncy's Office Date BY \ORDINA97\Enacting mixed use zoning class.doc 3 EXHIBIT "A" "Site Plan Review" 21A.32.010 GENERAL PROVISIONS B. Site Plan Review. In certain districts, Permitted Uses and Conditional Uses have the potential for adverse impacts if located and laid out without careful planning. Such impacts may interfere with the use and enjoyment of adjacent property and uses. Site Plan Review is a process designed to address such adverse impacts and minimize them where possible. Site Plan Review of development proposals is required in the RP, BP, FP, PL, I, UI, MH and MU Districts. All uses in these districts shall be subject to the Site Plan Review regulations contained in Part V, Chapter 21A.58, Site Plan Review. III-21A.32- Salt Lake City Zoning Ordinance May 1, 1997 EXHIBIT "B" "MU Mixed Use District" 21A.32.130 MU Mixed Use District A Purpose. The purpose of the MU Mixed Use District is to encourage the development of areas as a mix of compatible residential and commercial uses. The district is to provide for limited commercial use opportunities within existing mixed use areas while preserving the attractiveness of the area for residential use. The district is intended to provide a higher level of control over non-residential uses to ensure that the use and enjoyment of residential properties is not substantially diminished by non-residential redevelopment. The intent of this district shall be achieved by designating certain non-residential uses as Conditional Uses within the mixed use district and requiring future development and redevelopment to comply with established standards for compatibility and buffering as set forth in this Section 21A.32.130. B. Permitted Uses. Uses in the MU Mixed Use District as specified in the Table of Permitted and Conditional Uses for Special Purpose Districts found at Section 21A.32.140, are permitted subject to the provisions set forth in Section 21A.32.010 and Section 21 A.32.130. C. Minimum Lot Area and Width. The minimum lot areas and lot widths required in this district are as follows: Land Use 1. Single family detached dwellings 2. Single family attached dwellings 3. Two family dwellings 4. Twin home Minimum Minimum Lot Area Lot Width 4,000 sq. ft. 40 ft. 3,000 sq. ft. per dwelling unit 22 ft. for interior lot 32 ft. for corner lot 6,000 sq. ft. 40 ft. 3,000 sq. ft. per dwelling unit III-21A.32- 20 ft. Salt Lake City Zoning Ordinance May 1, 1997 5. Multi -family dwellings (3 to 14 units) 6. Multi -family dwellings ( 15 or more) 7. Non-residential uses 8. Natural open space and conservation areas, public and private 9. Pedestrian pathways, trails and greenways 9,000 sq. ft. 1-'450 ft. 17,500 sq. ft. +& 80 ft. No minimum No minimum No minimum No minimum No minimum No minimum 10. Utility substations and buildings 5,000 sq. ft. 1 1 . Municipal service uses, including 5,000 sq. ft city utility uses and police and fire stations 50 ft. 50 ft. 12. Places of worship less that four (4) 5,000 sq. ft. 50 ft. acres in size 13. Public/private utility transmission No minimum No minimum wires, lines pipes, and poles 14. Other permitted or conditional uses as listed in Section 21A.32.140. 5,000 sq. ft 50 ft. Qualifying Provisions: + 9,000 sq. ft. for 3 units; plus 800 sq. ft. for each additional dwelling unit up to and including 14 dwelling units. 17,500 sq. ft. for 15 units; plus 750 sq. ft. for each additional dwelling unit up to one acre. For developments greater than one acre 800 sq. ft. for each dwelling unit is required. III-21A.32- Salt Lake City Zoning Ordinance May 1, 1997 & Density Bonus. When the minimum open space requirement is increased to thirty percent (30%); or when eighty percent (80%) or more of the off-street parking is structured parking within the principal building or underground; or when a combined ratio of increased open space and structured parking within the principal building or underground is provided, the minimum lot area required, subject to site plan review approval, shall be as follows: 9,000 sq. ft. for 3 units; plus 800 sq. ft. for each additional dwelling unit up to and including 14 dwelling units. 17,500 sq. ft. for 15 units; plus 650 sq. ft. for each additional dwelling unit up to one acre. For developments greater than one acre, 700 sq. feet per dwelling unit is required. D. Minimum Yard Area Requirements. I . Single Family Detached, Single Family Attached, Two Family, and Twin Home Dwellings. a. Front Yard. Ten (10) feet. b. Corner Side Yard. Ten (10) feet. c. Interior Side Yard. i. Corner Lots. Four (4) feet. ii. Interior Lots. (A) Single Family Attached. No yard is required, however if one is provided it shall not be less than four feet. (B) Single Family Detached, Two Family and Twin Home Dwellings. Four (4) feet on one side and ten (10) on the other. d. Rear Yard. Twenty-five percent (25%) of the lot depth, but need not be more than twenty (20) feet. 2. Multi -Family Dwellings, including mixed use buildings with less than twenty-five percent (25%) non-residential uses. a. Front Yard. Ten (10) feet minimum with a twenty (20) foot maximum. III-21A.32- Salt Lake City Zoning Ordinance May 1, 1997 b. Corner Side Yard. Ten (10) feet. c. Interior Side Yard. Ten (10) feet. d. Rear Yard. Twenty-five percent (25%) of the lot depth, but need not exceed thirty (30) feet, however, if 100 percent (100%) of the off-street parking is provided within the principal building and/or underground, the minimum required rear yard shall be fifteen (15) feet. 3. Non-residential Development, including mixed uses with greater than twenty-five percent (25%) non-residential uses. a. Front Yard. Ten (10) feet minimum with a twenty (20) foot maximum. b. Corner Side Yard. Ten (10) feet. c. Interior Side Yard. No setback is required. d. Rear Yard. Twenty-five percent (25%) of lot depth, but need not exceed thirty (30) feet. 4. Lots legally existing on the effective date of this Ordinance, , shall be considered legal conforming lots. 5. For additions to buildings legally existing on the effective date of this ordinance, required yards shall be no greater than the established setback line. E. Maximum Building Height. The maximum building height shall not exceed forty-five feet, except that non-residential buildings and mixed use buildings shall be limited by Section 21A.32.130.E (1) and (2). Buildings taller than forty-five feet, up to a maximum of sixty feet, may be authorized as conditional uses, subject to the requirements of Part V, Chapter 21A.54, Conditional Uses, provided that the additional height is for residential uses only. 1. Maximum Height for Nonresidential Buildings: Non-residential buildings shall not exceed thirty (30) feet or two (2) stories, whichever is less. 2. Maximum Height of Mixed Use Buildings of Residential and Non-residential Uses: Mixed use buildings shall not exceed forty-five (45) feet. Non-residential uses in a mixed use building are limited to the first two (2) stories. III-21A.32- Salt Lake City Zoning Ordinance May 1, 1997 F. Minimum Ground Floor Glass. The ground floor of the building elevation fronting the street on all non-residential buildings and uses within the MU Mixed Use District shall contain not less than 40 percent (40%) and not more than seventy percent (70%) non - reflective glass surfaces. G. Minimum Open Space. For residential uses and mixed uses containing residential use, not less than twenty percent (20%) of the lot area shall be maintained as open space. This open space may take the form of landscaped yards or plazas and courtyards, subject to site plan review approval. H. Required Landscape Yards. All front and corner side yards shall be maintained as landscape yards. I. Landscape Buffers. Where a non-residential or mixed use lot abuts a residential or vacant lot within the MU Mixed Use District or any residential district, a ten (10) foot landscape buffer shall be provided subject to the improvement requirements of Section 21A.48.080.D. Part IV, Chapter 21A.48, Landscaping and Buffers. J. Non-residential Use of a Residential Structure. The conversion and remodeling of a residential structure to a non-residential use shall be allowed only if the exterior residential character is maintained. K. New Non-residential Construction. Construction of a new principal building for a non- residential use that includes the demolition of a residential structure or located between two existing residential uses on the same block face shall only be approved as a Conditional Use pursuant to Part V, Chapter 21A.54, Conditional Uses, unless located on an arterial street. III-21A.32- Salt Lake City Zoning Ordinance May 1, 1997 Title 21A of the Salt Lake City Code EXHIBIT "C" "Table Of Permitted And Conditional Uses For Special Purpose Districts" 21 A-32.1 40 TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS t: `y k•`'+Iv�r '" PERMITTED AND CONDITIONAL USES C = Conditional Use P = Permitted Use BY DISTRICT SPECIAL PURPOSE DISTRICTS USE RP BP FP AG OS A PL 1 UI MH El MU RESIDENTIAL Assisted Living Facility (see Part IV, ch. 21A.36.050) P Congregate Care Facility P P P Dwelling Units, above first floor Commercial or Office P Group Home, Small (See Part IV, ch. 21 A.36.070) P Group Home, Large (See Part IV, ch. 21A.36.070) C Living Quarters for Caretakers and Security Guards P P P P P P P Manufactured Home P Mobile Homes P Multiple Family Dwellings P Multi -family (no maximum density limitation) P Nursing Care Facility P P P Resident Health Care Facility (See Part IV, ch. 21A.36.040) P Single Family Attached Dwellings P Single Family Detached Dwellings P P P Twin Home and Two -Family Dwellings P Rooming (Boarding) House P OFFICE & RELATED USES Accessory Offices Supporting an Institutional Use P Financial Institutions, without drive through facilities P P P Financial Institutions, with drive through facilities P P P+ Government Offices P P P PP P P Medical and Dental Offices P P P P P Offices P P P Offices, research related P P P Veterinary Offices, operating entirely within an enclosed building and keeping animals ovemight only for treatment purposes P P RETAIL SALES & SERVICES Accessory Retail Sales and Services Uses, when located within the principal building and operated primarily for the convenience of employees P P P PP P P Commercial Service Establishments C Gas station(may include accessory convenience retail and/or minor repairs as defined in Part VI, Chapter 21 A.62. P+ Restaurants without drive through facilities P Restaurants with drive through facilities P+ Retail Goods Establishments P Retail Service Establishments Qualifying Provisions: A See Section 21A.02.050B for utility regulations • When located in a building listed on the Salt Lake City Register of Cultural Resources + When located on an arterial street. III-21A.32- Salt Lake City Zoning Ordinance May 1, 1997 21 A.32.140 TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS cont. ?, r' c „}:, y, :z jx'%G r x;:3 Sdk PERMITTED AND CONDITIONAL USES BY DISTRICT SPECIAL PURPOSE DISTRICTS C = Conditional Use P = Permitted Use USE RP BP FP AG OS A PL I Ul MN El MU INSTITUTIONAL USES Adult Day Care Centers P P P Child Day Care Centers P P P PP P P Cemeteries and accessory crematoriums P Colleges and Universities P P Community and Recreation Centers P P P P P Conference Center P P C P Convention Center, with or without hotels C Convents and Monasteries P P Dental Laboratories/Research Facilities P P C P Emergency Response and Medical Service Facilities including fire stations and living quarters. C P P Exhibition Hall C C P Hospitals, including accessory lodging facilities C P P Libraries P P P Medical and Dental Clinics P P P P P Medical Research Facilities P P P Medical/Nursing Schools P Meeting Halls of Membership Organizations P P P P Nursing Care Facility; Sanitariums P P Philanthropic Uses P P Places of Worship P P P Prison or Jail C Religious Assembly with Exhibit Hall C P Research, Commercial, Scientific, Educational P P P C Reuse of Schools and Churches C C C P Seminaries and Religious Institutes P P P Schools, K-12 Private P P Schools, K-12 Public P Schools, ProfessionalNocational C P P P P Qualifying Provisions: A See Section 21A.02.050B for utility regulations • When located in a building listed on the Salt Lake City Register of Cultural Resources + When located on an arterial street. III-21A.32- Salt Lake City Zoning Ordinance May 1, 1997 21 A.32.140 TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS cont. rn 4. :_'€: ;.:lr; ` ',•,Y ' '_�.a PERMITTED AND CONDITIONAL USES C = Conditional Use P = Permitted Use BY DISTRICT SPECIAL PURPOSE DISTRICTS I USE RP BP FP AG OS A PL I UI MH El MU RECREATION. CULTURAL & ENTERTAINMENT Art Galleries P Arenas, Stadiums, Fairgrounds C C C Botanical Gardens C Community Gardens as defined in Part VI, Chapter 21 A.62 P Country Clubs P Dance Studio P Golf Courses P P P Movie Theaters / Live Performance Theaters P Museums C P P P Natural Open Space & Conservation Areas P Nature Preserves/Conservation Areas, public and private P P P Park (public) C P P P Pedestrian Pathways, Trails & Greenways P Private Recreational Facilities P P P P P Tavern/Lounge/Brew Pub; 2,500 square feet or less in floor area C Zoological Park P AIRPORT AND RELATED USES Air Cargo Terminals and Package Delivery Facilities. P P Airport Operations (including air traffic control, navigational aids, emergency and maintenance operations) P Airline Service and Maintenance Operations P Airline Ticketing and Baggage Processing P Alcoholic Beverage Consumption Establishments (on -premises) (within terminal complex only) P Automobile Rental Agencies P P Commercial Recreation Center (within terminal complex only) P Financial institutions (within terminal complex only) P Fuel Storage for On -Site Distribution P General Aviation Facilities P Heliport C C P C C Light Manufacturing P Meeting Rooms (within terminal complex only) P Offices P Restaurants; Other Food Services P Qualifying Provisions: A See Section 21A.02.050B for utility regulations • When located in a building listed on the Salt Lake City Register of Cultural Resources + When located on an arterial street. III-21A.32-__ Salt Lake City Zoning Ordinance May 1, 1997 21 A.32.140 TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS cont. _.:>>^> E ,u• ,: ,fir FSK•„ >:b>i s."!� •,,.. <,. 96>,.I-, Yi'�,#wJ:.l ll,'I��:'ri:> 5 a .. ` PERMITTED AND CONDITIONAL USES C = Conditional Use P = Permitted Use BY DISTRICT SPECIAL PURPOSE DISTRICTS USE RP BP FP AG OS A PL I UI MH El MU AIRPORT AND RELATED USES cont. Retail Goods Establishments - specialty, primarily for airport customers (within terminal complex only) P Retail Services Establishments - primarily for airport customers (within terminal complex only) P MISCELLANEOUS Accessory uses, except those that are otherwise specifically regulated in this Chapter, or elsewhere in this Ordinance. P PP P P P PPP P P P Agricultural uses P P Bed and Breakfast C• P P Bed and Breakfast Inn C• P P Bed and Breakfast Manor P P Communication Towers P P C P PP P P Communication Towers, exceeding the maximum building height C C P CC C C Concrete or Asphalt Manufacturing P Hotels and Motels C C P P Industrial Assembly P P Jewelry Fabrication and Associated Processing P Kennels, on lots of five (5) acres or larger P Local Government Facilities P PP P P P PP P P P Mining and Extraction of Minerals and Materials, including ore, stone, sand, gravel, oil and oil shale P Off -Site Parking P CC C C Outdoor Storage, Accessory P P P Park and Ride Lots P C Park and Ride Parking, Shared with existing use P P P PP P P P Parking Structure P PP P P PC C P P Production related to on -site research P C Public/Private Utility buildings and Structures C CC C C P CC C C C C Public/Private Utility Transmission Wires, Lines, Pipes and Poles^ P PP P P P PP P P P P Seasonal Farm stands P Storage of Extracted Material P Transportation Terminals, including Bus, Rail, and Trucking P C Trucking, repair, storage etc. associated with Extractive Industries P Warehouse , including mini -storage warehouses P P Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate) P Qualifying Provisions: A See Section 21A.02.050B for utility regulations • When located in a building listed on the Salt Lake City Register of Cultural Resources + When located on an arterial street. III-21A.32- Salt Lake City Zoning Ordinance May 1, 1997 Warehouse, accessory to retail and wholesale business (5,000 square foot or greater floor plate) Wholesale Distribution P P, Qualifying Provisions: A See Section 21A.02.050B for utility regulations • When located in a building listed on the Salt Lake City Register of Cultural Resources + When located on an arterial street. III-21A.32- Salt Lake City Zoning Ordinance May 1, 1997 1 Title 21A of the Salt Lake City Code EXHIBIT "D" "Summary Table of Yard and Bulk Requirements" Special Purpose Districts TABLE 21A.32.150 SUMMARY TABLE OF YARD AND BULK REQUIREMENTS - SPECIAL PURPOSE DISTRICTS District Symbol District Name YARD AND BULK REGULATIONS Min. Lot Area Min. Lot Width Max. Building Height Max. FAR Min. Open Space Min. Front Yard Min. Corner Yard Interior Side Yard Min. Rear Yard Required Landscape Yard Landscape Buffer Yards* ' RP Research Park 40.000 sf 150' 45' Conditional: 75' 0.35 30% 30' 30' 20' 25' Front & comer side: 30' Interior side & rear: 8' 30' BP Business Park 20.000 sf 100' 4 stories/60' 0.40 30% 30' 30' 20' 25' Front & corner side: 30' Interior side & rear: 8' 30' FP Foothills Protection 16 acres 140' See Section 21A.24.0100 20' 20' 75' 75' AG Agricultural Residential: 10,000 sf Agricultural: 5 acres Conditional: 5.000 sf 100' Conditional: 50' Residential: 30' or 2- 1/2 stories Agricultural: 45' Conditional: 45' 30' 30' 20' 30' Front & comer side yards A Airport See Sections 21A.34.040F and R PL Public Lands Schools: 5 acres Others: 20,000 sf Schools: 150' Others: 75' Local Government Facilities, Prison or Jail, Government Offices, Arenas, Stadiums, Fairground & Exhibition Hall: 75' Others: 35' Schools: 30' Others: 30' Schools: 30' Others: 30' Schools: 50' Others: 20' Schools: 100' Others: 30' Front & corner side yards 10' I Institutional Worship places: 2 acres Others: 20,000 sf 100' 35' permitted 75' conditional (see Section 21 A.32.080D) 1.0 40% 20' 20' 20' 25' Front & corner side: 20' Interior side & rear: 8' 15' or equal to building height UI Urban Institutional Places of worship: 20,000 sf Others: 1 acre Places of worship: 100' Others: 150' 75' Conditional: up to 120' 20' 15' Hospitals: 30' 15' Hospitals: 30' None Hospitals: 15' 25' Hospitals: 35' Front & corner side: 15' Interior: none Rear: 10' Hospitals: see Section 21A.32.090I 15' OS Open Space 10,000 sf 50' Exceptions, see Section 21A.32.100D 30' 30' 20' 30' Front & corner side: 30' Interior side & rear: 10' 10' MH Mobile Home Park No minimum No minimum 30' (clubhouse) or 2- 1/2 stories 15 ' dwelling units Common Open Space 250 sf/du 20' 20' 10' 10' Front & corner side: 20' Interior side & rear: 3' 20' EI Extractive Industries 10 acres 300' 75' 50' 50' 30' 30' The first 30' of all required yards 30' MU Mixed Use See Setion 21A.32.130C See Section 21A.32.130C See Section 21A.32.130E 20% 10' 10' See Section 21A.32.130.D See Section 21A.32.130.D Front and corner side: 10' 10' ADDITIONAL REGULATIONS: FP District: Maximum disturbed area - 2 acres. Slope restriction: 30% slope. EI District: Setback between Residential Districts shall be 1,000 feet. MH District: Minimum District Size - 10 acres. Maximum Density - 10 du/ac III-21A.32- FOOTNOTES: * See Chapter 24, Landscaping and Buffers. Salt Lake City Zoning Ordinance May 1, 1997 EXHIBIT "E" "Parking Restrictions Within Yards" Table 21A.44.050 Parking Restrictions Within Yards Table 21A.44.050 Parking Restrictions Within Yards Special Purpose Districts Zoning District Front Yard Corner Side Yard Interior Side Yard Rear Yard MU Parking not permitted. Parking not permitted between front lot line and building line. Parking not permitted within one of the side yards of interior lots. Parking permitted. IV-21A.48- Salt Lake City Zoning Ordinance May 1, 1997 EXHIBIT "F" "Improvement of Landscape Buffers" 21A.48.080 Landscape Buffers D. Improvement of Landscape Buffers. Required planting and fencing shall be installed in conformance with the following provisions. l . RMF-30, RMF-35, RMF-45, RMF-75, RMU, RO, MU, PL and OS Districts. In the RMF-30, RMF-35, RMF-45, RMF-75, RMU, RO, MU, PL and OS Districts, the following improvements shall be provided: IV-21A.48- Salt Lake City Zoning Ordinance May 1, 1997 EXHIBIT "G" "Definitions" 21A.62.040 Definitions Commercial Service Establishment. "Commercial Service Establishment" means a building, property, or activity, of which the principal use or purpose is the provision of services for the installation and repair, on or off site, of equipment and facilities that support principal and accessory uses to commercial and consumer users. Commercial services establishment shall not include any use or other type of establishment which is otherwise listed specifically in the table of permitted and conditional uses found at the end of each chapter of Part III of this title for each category of zoning district or districts. IV-21A.48- Salt Lake City Zoning Ordinance May 1, 1997