HomeMy WebLinkAboutLegislative Version Ordinance - 5/2/2024LEGISLATIVE
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SALT LAKE CITY ORDINANCE
No. of 2024
(Amending the zoning text of various sections of Title 2 1 A of the 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 2 1 A of the Salt Lake City
Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to
9 Petition No. PLNPCM2023-00155.
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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 21 A;
3. Conditional use applications;
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LEGISLATIVE
31 4. Design review applications; that are subject to review by the planning commission as
32 provided in Chapter 2IA. 59;
33 5. Applications to demolish one or more landmark sites or contributing structures
34 located within a local historic district;
35 6. Master plans, including amendments, to be adopted by the city council;
36 7. Requests for certificates of appropriateness required for new construction of principal
37 structures, except for single family and two family dwellings;
38 8. Planned development applications that are subject to review by the planning
39 commission as provided in Chapter 2IA. 55; and
40 9. Zoning map amendments.
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42
43 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That
44 Subsection 21A.10.020.13 of the Salt Lake City Code (Zoning: General Application, Public
45 Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special
46 Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to
47 read as follows:
48 B. Special Noticing Requirements for Administrative Approvals:
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50 1. Notice of Application for Design Review and Planned Development:
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52 a. Notification: At least twelve (12) days before a land use decision is made for an
53 administrative design review application as authorized in Chapter 21A.59 of this
54 title, or an administrative planned development as authorized by Ch4pter 21A.55
55 of this title, the planning director shall provide written notice to the following:
56 (1) All owners and identifiable tenants of the subject property, land abutting the
57 subject property, and land located directly across the street from the subject
58 property. In identifying the owners and tenants of the land the city shall use
59 the Salt Lake City geographic information system records.
60 (2) Recognized community organization(s) in which the subject property is
61 located.
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63 b. Contents of the Notice of Application: The notice shall generally describe the
64 subject matter of the application, where the public may review the application, the
65 expected date when the planning director will authorize a final land use decision,
66 and the procedures to appeal the land use decision.
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68 c. End of Notification Period: If the planning director receives comments identifying
69 concerns related to the design review application not complying with the
70 requirements of Chapter 21A.59, or the planned development not complying with
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LEGISLATIVE
71 the requirements of Chapter 2IA. 55, the planning director may refer the matter to
72 the planning commission for their review and decision on the application.
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74
75 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.5. That
76 Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General
77 Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby
78 is amended to read as follows:
79
80 S. Compliance with Noise Regulations Required: Any construction work in residential zoning
81 districts shall comply with Section 9.28.040, "Noises Prohibited. "Adaptive Reuse Of n
82 Landmark Building in Residen4ia Dist- lets_
83 1. Purpose Statemefft.: The pu-Fpose of the adaptive reuse of a landmark site in a r-esiden4ial
84 distfiet is to pr-esefve landmark sites as defined in subseetion 21A.34.020B of this title. in some
85 , size of the
86 ,
87 , property and e-dueation of the people of Salt Lake Cit�
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91 g
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93 2. ConditionalUse Requn ed: Wher-e authefized by this title as she
94 "
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96 a. Qualify�g Pr-ovisiens: in order- to qualify for- eenditional use review by the
97 "
98 this title, e—appheant must �tfate-cemplianee with�
99 (i) The building is des gnued as a landmark site on the Salt Lake Ci
100 register- of eultffal r-eseufees. The designation pr-eeess must be eempleted prior- to the
101
102 Dir-eeter- determines that it is in the best itAer-est of the City to pfeeess the designation
104(7,000)
105 .
106 (3) The new e will require fninimal ehangeasthese featufes
107 .
108 .
LEGISLATIVE
112 .
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115 (9) The does not result ln the femoval ^ffesi 1entialehar-aeter-isties of
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118 the exeessive size of the landtnafk site fef fesidential uses allowed in the r-esidefitial
119 ,
120 ofiginal intended use.
121 (10The p oa tise will not have " matefial net , „lati e a&e
122
impaet on the neighborhood of the City as a whole by eonsider-ing the following-
123 (n) The spatial distribution af--
124 (i) Business lieefises issued fof pfopet4ies loeated within three
125 1,,,,,,1fe feet «nn') of any property line and the bleek f;-.,,, age o both s; low
126 of the street between 100 series addresses; and
128 in 1",,.amadE sites within the same ,,1.,,,,,;,,., nity, as sL,o.,,,,, o a map-af
129 planning , „;ties maintained by the Zoning n ,1,,. mist,-" ,,
130 .
131 (i) T-Faffi
132 (;;) Par -king;
133 (i i i) signs
134 (;..'Lighting;
135 ; and
137 ,
138 shall not b ,-e unless s e fie lly r-equested by the 7.,.,; g
139 n ,1, mist -ate -.
140 ;
141 b. Credit For- On Stre€tPafl ' tree king spaees
142 feqttir-ed in seetion 21A.44.030 of this title may be met by the pfovision of ofl street
143 s-paees. Sueh er-edit shall r-eqttir-e the site -plan r-eview approval. Re"ests for- on street
144 king shall „ eet the following requirements:
LEGISLATIVE
145 M".�� rye:*srertr.�ss���nsnEe!�ees . sr.
.•ispefta4ien_
Prior-
148 r-e-,4ew team shall det proposed on street pafk4ng will not mater-ially (3) Credit for- on stfeet pafk4ng shall be limited to the number- of spaee-s
151 irw/\�1Ri-!S\J•S �S•17015\R7+1•\J•ISSS 1� !�v [!\�1�/•ls9 SS•l S!S.1
152
153 SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That
154 Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General
155 Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its
156 entirety as follows:
157
ers!i:�ees. _ ►�ese+sfrs!sns
•seefien9.28.040, "Noises Prohibited", of this Code.
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161 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6.
162 That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF-
163 35 Moderate Density Multi -Family Residential District: Minimum Yard Requirements: Existing
164 Yards) shall be, and hereby is amended to read as follows:
165 6. Existing Yards: For buildings legally existing on April 12, 1995, the required yard
166 shall be no greater than the established setback line of the existing building „the
167 proposed yard o ,.i ment is t aeeommodate additional , New pr-ineipa4
168 buildings must eonfofm to ethfent yard area requirements,
169 two family dwelling of twin home has legal eonfefmiag sta4tts as outfined in
170 se do 2 n 3 9 non f th s title.
171
172 SECTION 6. Amending the text of Salt Lake City Code Subsection 21 A.24.160.D. That
173 Subsection 21A.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB
174 Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is
LEGISLATIVE
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amended only to eliminate the Land Use "A single dwelling unit located above first 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
dwellingA
use
single
Feta;, of offiee tises
use
SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That
180 Subsection 21A.24.180.I of the Salt Lake City Code (Zoning: Residential Districts: RO
181 Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand
182 Square Feet) shall be, and hereby is amended to read as follows:
183 I. Offices iIn Existing Buildings oOn Lots Less Than Twenty Thousand Square Feet:
184 Offices occupying existing buildings are permitted on a five thousand (5,000) square foot
185 minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of
186 the existing building footprint or that exceed the height of the existing building shall be
187 subject to design review (chapter 21A.59 of this title) unless the existing building is using
188 the incentives in 21A.52.060.
190 SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That
191 Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General
192 Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the
193 CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is
194 repealed in its entirety as follows:
195
• • . _ E-AAAAA.e!l:ErlT'AAA! A, _
Distri
198 1. Conditional Use Required. Where not other -wise authorized by this title and
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200 title, 4ndmark sites in a CN or CB Distriet may be used- _fbf A- bed And br-eakfas
202 ,
203 this title, i g G .,,,w,;�s; hall find the following:
204 (1) The stfuet-tife is desigiia4ed as a landmar-k site on the Salt Lake Git-y Register- o
205
206
207 Dire, tof detefmines that it ; in the best interest of the City to p o s �tio
208 designation and eonditional use applieations at the same time beeattse of the risk
209 of probable do,. ,lobo.
210 a,,,,;. e t the r v e ,ation of the land,.V ar-k site;
211 ;
212 (4) The use does not festtit in the r-emoval of residential ehar-aetefisties of the
213
214 b. Condition Of Appfovah A pr-esefvation easement in favof of the City shall be plae
215 .
216
217 SECTION 9. Amending the text of Salt Lake City Code Section 21 A.33.020. That Section
218 2IA. 33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
219 Conditional Uses for Residential Districts) shall be amended only as to the use categories "Adaptive
220 reuse of a landmark site", "Dwelling, multi -family" and "Mixed use development" and to repeal
221 only the use category "Temporary use of closed schools and churches", with no other changes to the
222 table, which aforementioned use categories shall read and appear in that table as follows:
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LEGISLATIVE
Use
Permitted And Conditional Uses By District
FR-l/
FR-2/
FR-3/
R-l/
R-l/
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
C8
C8
C8
C8
C8
C8
C8
CR
Cs
CR
CR
C8
C`
P
P8
P8
Pg
PX`'
reuse for
additiona
1 uses in
eli ig ble
buildings
of -a
landma
site
Dwelling
PR
Ps
P8
P9
P8
P8
P8
P8
P8
P8
P
P
P
P
P
P
P
P
P
multi-
family
Mixed
P_F
P
P
P
P
use
develop
ment
�r
G�9
G,
E
E�
E
,_
L
Ta
F�
elesec#
sebeels
and
des
224
LEGISLATIVE
225
226 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the
227 "Qualifying Provisions" notes to the Table of Permitted and Conditional Uses for Residential
228 Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
229 Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to
230 notes "I", "6", "8" and "19" which shall appear in numerical order with the other notes and read as
231 follows:
232 1. Reserved. .
233
234 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50
235 percent of the building's footprint. Building additions greater than 50 percent of the
236 building's footprint or new office building construction are subject to a design review
237 unless the building Qualifies for the incentives in 21A.52.060.
238
239 8. Subject to conformance with the provisions of sSubsection 21A.52.060.A 21 ^ .24.n, nc
240 of this title.
241
242 19. Reserved. .
243
244
245
246 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section
247 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
248 Conditional Uses for Commercial Districts) shall be amended only as to the use category "Bed and
249 breakfast" and to repeal only the use categories "Adaptive reuse of a landmark site", "House
250 museum in landmark sites" and "Offices and reception centers in landmark sites", with no other
251 changes to the table, which aforementioned use categories shall read and appear in that table as
252 follows:
253
254
255
Use I Permitted and Conditional Uses by District
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257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
CN
CB
CS'
CC
CSHBD1
CG
SNB
Adaptive
P
P
P
P
P
P
r-eiise
site
Bed and
breakfast manor
P
P
P
House museu
in landmark sites
(s
E
subseetie
2 n 24 nine f
Offiees and
G
in landmaflK. sites -
(see subseetie
21A.24.010S
of
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. )"enleeated in ., building listed on the Salt Lake City register- e-feultffal-
(see subseeti rs 2 n 26 010S and 21A.26.010K of this title)
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:
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LEGISLATIVE
273
Use
Permitted and Conditional Uses by District
TSA-UC
TSA-UN
TSA-MUEC
TSA-SP
Core
Transition
Core
Transition
Core
Transition
Core
Transition
Adaptive
use of -a
land- .,afk site
P
P
P
P
P
P
P
P
Meuse
in
sites -(see
„bs 2
P
P
g
P
P
P
P
P
etio
i n�nocS
this title)
of
9F-fiees and
receptier�
eo�in
sites -(See
„bs do
2 i n�0
P
P
P
P
P
-P-
P
P
S Of tMS
fido
274
275
276 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section
277 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
278 Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category
279 "Adaptive reuse of a landmark site", in the Table of Permitted and Conditional Uses for
280 Manufacturing Districts, with no other changes to the table, as follows:
281
Use
Permitted and Conditional Uses by District
M-1
M-2
E
C�
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282 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the
283 "Qualifying Provisions" notes to the Table of Permitted and Conditional Uses for Manufacturing
284 Districts of Section 2IA. 33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
285 Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as
286 to note "7" which shall appear in numerical order with the other notes and read as follows:
• - , &d ire:::r:rt�re!r�:e!�rer.�rsras.
..
building's exeeed 50 per-eent of the building's feetpr-int. Building additions greater- than 50 per-ee
289 of the
building
•1
291
292
293
294
295
296
298
299
300
301
302
303
304
305
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
Adaptive ,-e
P
P
P
g4
e
of a landm
site
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:
IN•
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LEGISLATIVE
006 . WIMM"Mr.
91
309 SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
310 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
311 Conditional Uses in the Gateway District) shall be amended only to repeal the use category
312 "Adaptive reuse of a landmark site", in the Table of Permitted and Conditional Uses in the Gateway
313 District, with no other changes to the table, as follows:
Use G-N1U
g
314
315 SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
316 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
317 Conditional Uses for Special Purpose Districts) shall be amended only for the use categories
318 "Adaptive reuse of a landmark site" and "Dwelling: Multi -family", in the Table of Permitted and
319 Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows:
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320
321
LEGISLATIVE
Use
Permitted and Conditional Uses by District
RP
BP
FP
AG
AG-
AG-
AG-
OS
NOS
A
PL
PL-2
I
UI
MH
EI
MU
2
5
20
Adaptive
CZ
CZ
C2
CZ
P2
P�
reuse for
additional
uses in
eligible
buildings
of -a
landm—afk-
site
Dwelling:
Multi-
P2
P2
P
P
family
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LEGISLATIVE
322
323 SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the
324 "Qualifying Provisions" notes to the Table of Permitted and Conditional Uses for Special Purpose
325 Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
326 Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only
327 as to note "2" which shall appear in numerical order with the other notes and read as follows:
328 2. Subject to conformance with the provisions of Subsection 21A.52.060.A. When locate'
329 in a Wilding listed on the Salt Lake City Register of Culfffal Reseiffees.
330
331 SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
332 2IA.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
333 Conditional Uses in Form Based Districts) shall be amended only as to the use categories "Adaptive
334 reuse of a landmark site", "Dwelling: Multi -family", and "Reception center" and to repeal only the
335 use categories "House museum in a landmark", and "Office and/or reception center in a landmark
336 site", in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes
337 to the table, as follows:
338
339
Use
Permitted and Conditional Uses by District
FB-UN1
FB-UN2
FB-MU11
FB-SC
FB-SE
Adaptive reuse for additional uses
in eligible of a landffia-r-k buildings
C9
p-
Dwelling:
Multi -family
P9
P
P
P
P
!andmar-k Site
Reception center
P
P
P
P
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LEGISLATIVE
340 SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the
341 "Qualifying Provisions" notes to the Table of Permitted and Conditional Uses in Form Based
342 Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of
343 Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note
344 "9", which shall appear in numerical order with the other notes and read as follows:
345 9. Subject to conformance with the provisions of Subsection 21A.52.060.A.
346
347 SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section
348 21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School
349 Buildings) is hereby repealed in its entirety as follows:
350 21A.36.170: RIESERVEDUSE OF CHURC14 AND SCHOOL BUILDINGS1.
351 ,
352 any ehufeh or- sehool to a use that is allowed as a pei:mitted use or- eenditional use in the Zoning
353
354
C55 B. Temper-aFy Use Of
• temporary use of elosed sehools and ehur-ehes may be allowed as a eonditional us
357 the provisions of ehapter- 21A.54 of this title, in the zoning distfiets indieated in t
358 tables of this title, provided that:
he land use
C•1
C 61 2. App.'.--..-...erss :�•�:r-e!esersssr . - -
• - - -
•4 a. Bttildifig Plans: As pat4 of the applieation, the applieant shall provide a site plan dfa-wfi.
365 to seale showing existing stmetefes, atmiliafy buildings, existing
G•• par -king and landseaping, and any proposed ehanges to the site. in eefwefting the existing faeilit3b
9,67 to the proposed eonditional use, no major- exter-iof- of interior- alterations of the building shall be =
C•: made w-hieh fender- the building ineempatible with a r-ettim to its use as a sehool or- eh-ufeh; and =
•' ' proposed use plan ineluding--.
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LEGISLATIVE
370 (,) 14o s and I I . I . 1
371 ,
372 , and the
373 pe to s ell
Vr= size,
374 , and
375 , both total and &Epeeted to be on th-e
376 t any given time.
377 3. Prohibition: ATE, ,, � f this seetion shall be eonstfued to allw„ ., e
378 , or- any use invol
379 taro f eofr-eetional of institutionalf eili y
380
381 the period of time for- whiek the eonditional tise is gr-anted and a" ehange of owner -ship away
382 .
383 5. Automatie Termination Of Use: if the Sehool Board or ehuivh group deteffflines that
384ehureh—,the
385 eonditional use as granted undef this seetion shall immediately eease and the property shall
386 thereaftef! be used only for- uses pefmitted in the zoning dist
..
The tifne of stteh tise shall be subjeet to the deeision of the Planning Commission based on its-
:• eensidefation of the er-iter-ia speeified in s4seetion B7 of this seetion. The Planning
.0 may atAhorzize the eenditional use for- a -period fiat to exeeed five (5) years, whieh fna-y We
392 7. Tefmination Fot! Excess Use: If the Planning Commission detefmines that the eondition
393 use is being used substantially in exeess of the plan for use submitted pUfsttaHt tO sttbse0ti0fl B
.,
395
396
397 SECTION 24. Amending the text of Subsection 21A.44.060.A.1 That Subsection
398 21A.44.060.A. I of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading:
399 Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building
400 Served), shall be and hereby is amended to read as follows:
401 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required
402 to serve buildings or uses erected or established after the effective date of this
403 ordinance shall be located on the same lot or parcel as the building or use served,
17
LEGISLATIVE
404 unless otherwise allowed pursuant to Subsection 2 1 A.44.060.A.4, "Off -Site Parking
405 Permitted", or 21A.55.020, "Planned Developments —Authority".
406
407 SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That
408 Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall
409 be, and hereby is amended to read as follows:
410
411 21A.52.020 APPLICABILITY:
412 A. This chapter applies as indicated within each subsection.
413 B. The planned development process in Chapter 21A.55 is not required as indicated within
414 this chapter.
415 C. The administrative planned development process in Chapter 21A.55, and the
416 administrative design review process in Chapter 21A.59 may be applicable as indicated
417 within this chapter.
418
419 SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That
420 Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base
421 Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as
422 follows:
423
424 21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
425 ZONING DISTRICTS:
426 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
427 standards and requirements take precedence oxen„t as indieated in this seet ,,.,
428
429 SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That
430 Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process)
431 shall be, and hereby is amended to read as follows:
432
433 21A.52.040: APPROVAL PROCESS:
LEGISLATIVE
434 Unless specifically exempted or modified by this chapter, all requirements of this title shall
435 apply.
436 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a
437 zoning incentives application and provide the following information:
438 1. The applicant's name, address, telephone number and interest in the property to which
439 the incentives shall apply;
440 2. The owner's name, address and telephone number, if different than the applicant, and
441 the owner's signed consent to the filing of the application;
442 3. The street address, tax parcel number and legal description of the subject property;
443 4. The zoning classification, zoning district boundaries and present use of the subject
444 property;
445 5. The location of all existing and proposed buildings and structures, accessory and
446 principal, showing the number of stories and height, dwelling type, if applicable,
447 major elevations and the total square footage of the floor area by proposed use and
448 any additional information required for site plan review set forth in Chapter 2IA. 58;
449 6. The total number of dwelling units in the project, the number of affordable units, the
450 number of bedrooms in the affordable units, the location of the affordable units, and
451 level of affordability; and
452 7. Any additional information required by Chapter 21A.59 design review or 21A.55
453 planned development, to aor..,,.nstfate eemplianee with th ts of this
454 ehapter, as applicable; and
455 8. Any additional information the zoning administrator deems necessary to demonstrate
456 compliance with this chapter.
457 B. Preliminary approval shall authorize the preparation, filing and processing of applications
458 for any permits or approval that may be required by the city, including, but not limited to,
459 a building permit. Notwithstanding the foregoing, no permits shall be issued until final
460 approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a
461 period of one year unless complete building plans have been submitted to the Division of
462 Building Services.
463 C. Administrative design review and administrative planned development, where applicable,
464 shall be exempt from the application fees and noticing fees otherwise required pursuant
465 to Chapters 21A.59 and 21A.55.
466 D. Following the approval of any administrative design review or planned development
467 application, any future alteration to the property, building or site shall comply with the
468 approved desi,.,., review application unless a modification is approved subject to the
469 process outlined in Chapters 21A.59 and 21A.55, as applicable.
470 E. Final approval shall occur following the recording of the restrictive covenant.
471 F. Preliminary and final approvals shall be administrative approvals by the planning director
472 or the planning director's designee.
473
474 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That
475 Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable
476 Housing Incentives: Purpose) shall be and hereby is amended to read as follows:
19
LEGISLATIVE
477
478 21A.52.050 AFFORDABLE HOUSING INCENTIVES:
479 A. Purpose: The incentives set forth in this section ehapt�-r- are intended to encourage the
480 development of affordable housing. The provisions within this section are intended to
481 facilitate the construction of affordable housing by allowing more inclusive development
482 than would otherwise be permitted in the base zoning districts. Housing constructed using
483 the incentives is intended to be compatible in form with the neighborhood and provide for
484 safe and comfortable places to live and play.
485
486 SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3.
487 That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives:
488 Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows:
=11
490 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General
491 Commercial, and I Institutional Zoning Districts:
492 a. The following housing types: row houses, sideways row houses, and cottage
493 developments are authorized provided the arm ,.a bilit.,
494 subseetion b. are eemplied with-;-_
495 b. The minimum open space requirements in the I Institutional zoning district do
496 not apply.
497 C. To be eligible for the incentives listed in this subsection 3a-., a development shall
498 meet the affordability requirements for Type C in Table 21A.52.050.G.
499
500 SECTION 30. Amending the text of Salt Lake City Code Chapter 21A.52. That Chapter
501 21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended
502 to add a new Section 2IA. 52.060, with no other revisions to the chapter, to read as follows:
503 21A.52.060: BUILDING PRESERVATION INCENTIVES:
504 The provisions in this section provide optional incentives to development projects that include
505 the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may
506 be combined with the incentives outlined in Subsection 21A.52.060.B.
507 A. Adaptive Reuse for Additional Uses in Eligible Buildings:
508
509 1. Purpose: To allow additional land uses in buildings ghat generally contribute to the
510 character of the city so they can be redeveloped for economically viable uses. These
20
LEGISLATIVE
511 buildings may be underutilized or have outlived their original use due to economic
512 conditions, size of the building, a substantial degree of deterioration of the property,
513 or other factors. Eligible buildings may hold historical or cultural significance or
514 contribute to the existing neighborhood fabric through their architectural features,
515 size, or previous use.
516
517
2. Applicability:
The incentives in this subsection apply to adaptive reuse of a building
518
that meets the eligibility standards in 21A.52.060.A.3.
519
520
3. Eligibility
Standards:
521
a.
The following buildings are eligible for the incentives in this subsection:
522
W Landmark Sites;
523
Q Buildings individually listed on the National Register of Historic Places;
524
Buildings designed and formerly used for schools, hospitals, places of
525
worship, or other similar institutional uses; and
526
(4) Buildings that the planning director has deemed significant based on the
527
structure's association with events that have contributed to broad patterns of
528
history, association with lives of persons important in the ci y's past, or
529
displays distinctive characteristics of a type, period, or method of
530
construction.
531
b.
Exterior features that are important in defining the overall character of the
532
building shall be retained.
533
c.
Exterior alterations to the eligible building shall meet the standards in
534
21A.34.020.G.
535
d.
The proposed use is conducive to the preservation of the building.
536
e.
A change of use to a residential use is not permitted in the OS (Open Space)
537
zoning district.
538
£
If the eligible building is located in a residential zoning district, and the existing
539
use is residential, a change of use to nonresidential is not permitted.
540
g.
Properties subject to the H Historic Preservation Overlay must obtain a Certificate
541
of Appropriateness in accordance with 21A.34.020.
542
4. Incentives:
543
a.
Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(l), ay use
544
may be allowed as a permitted or conditional use in zoning districts where
545
Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use
546
tables in Chapter 21A.33, subject to the provisions in this subsection and any
547
specific provisions applicable to the use in this title. Any conditional use shall be
548
reviewed pursuant to the procedures and standards outlined in Chapter 21A.54.
549
W Prohibited Uses: A change of use to one of the following uses is prohibited:
550
Ambulance services (indoor and outdoor), amusement park, auditorium, bio-
551
medical facility, bus line station/terminal, bus line yard and repair facili . , car
552
wash, check cashing/payday loan business, community correctional facility
553
(large and small), contractor's yard/office, drive -through facility associated
554
with any use, equipment rental (indoor and outdoor), gas station, heliport,
555
hoteUmotel, impound lot, intermodal transit passenger hub, jail, large wind
556
energy system, laundry and dry cleaning establishments, limousine service
21
LEGISLATIVE
557
(large and small), heavy manufacturing, pet cemetery, recycling collection
558
station, sexually oriented business, sign painting/fabrication, storage
559
(outdoor), public storage (outdoor), wireless telecommunications facility,
560
homeless resource centers, and any other uses that are only allowed in the
561
manufacturing districts.
562
b. Parking and Loading: The following are the minimum off-street parking and
563
loading requirements for the eligible building. These minimums may be further
564
reduced with the alternatives to minimum parking calculations in 21A.44.050.
565
W Multi -Family: 0.5 off-street parking space per dwelling unit is required;
566
Q Nonresidential: The minimum number of required off-street parking spaces
567
for the proposed use listed in the general context of the required off-street
568
parking table in 21A.44 may be reduced by 40%;
569
ExistingParking arking Below the Minimum: If the existing parking for the eligible
570
building does not meet the minimum off-street parking requirements above,
571
no additional parking shall be required;
572 t4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
573 c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements
574 of the zoning district do not apply for the adaptive reuse in all zoning districts. In
575 the RMF-30 zoning district, the minimum lot size per dwelling unit does not
576 apply.
577
578 5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection
579 2IA. 52.060.A shall enter into a legally binding restrictive covenant, the form of
580 which shall be approved by the city attorney. The restrictive covenant shall be
581 recorded on the property with the Salt Lake County Recorder prior to issuance of a
582 building permit for a building using the incentives. The restrictive covenant shall run
583 with the land for the duration of the adaptive reuse and shall provide for the
584 following, without limitation:
585 a. Acknowledge the use of the incentives, the nature of the approval, and any
586 conditions thereof,
587 b. Shall guarantee that the physical elements of the eligible building used to qualify
588 for the incentives shall remain in substantially the same form and exterior features
589 important to the character of the building shall be preserved for the duration of the
590 adaptive reuse or if subject to 21A.34.020, indefinitely unless otherwise permitted
591 by the terms of a certificate of appropriateness;
592 c. The terms of compliance with all applicable regulations and the potential
593 enforcement actions for any violation of the restrictive covenant.
594
595 6. Modifications to Approved Adaptive Reuse: Any modification to the use approved
596 under these incentives requires a new zoning incentives application. And
597 adaptive reuse shall also require a new zoning incentives application unless the new
598 use is permitted in the table of permitted and conditional uses for the zoning district.
599
600 7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the
601 property as set forth in 21A.52.060.A.5, shall be investigated and prosecuted pursuant
602 to 21A.20. The city shall have additional remedies or financial penalties for
22
LEGISLATIVE
603 violations as identified in the terms of the restrictive covenant required by Subsection
604 21A.52.060.A.5, which shall be reasonably related to enforcement of the
605 requirements and purpose of Subsection 21A.52.060.A.
606
607 B. Preservation of a Principal Building_
608
609 1. Purpose: The incentives set forth in this section are intended to encourage the
610 preservation of buildings, supporting city goals related to sustainability,
611 neighborhoods, economy, and housingprovisions are designed to support
612 developments that include preservingan n eligible building by allowing flexibility with
613 certain zoning regulations while still maintaining the unique urban fabric and
614 character of neighborhoods.
615
616 2. Applicability: The incentives in this subsection apply to projects in all zoning districts
617 that preserve an existing principal building that meets the eli ig'bility standards in
618 21A.52.060.B.3. These incentives may be applied to existing principal buildings and
619 new construction within the same development area. For the purposes of this
620 subsection, the development area may include multiple abuttina lots or parcels.
621
622
3. Eligibility
Standards:
623
a.
Building Age: The existing building to be preserved was built prior to 1976.
624
b.
Minimum Footprint of Eligible Building: The footprint of the eligible building to
625
be preserved covers a minimum of 25% of the development area. A lower
626
percentage may be considered by the planning director if the building has frontage
627
on a public street, contains a publicly accessible use such as retail, restaurant, or
628
entertainment, or would be highly visible from public spaces within the interior of
629
the site.
630
c.
Retention of All ExistingPrincipal rincipal Structures: In the FR-1, FR-2, FR-3, R -
631
1/12,000, R-1/7,000 and R-115,000, R-2, SR-1, SR -IA, SR-3, and all RMF zoning
632
districts, all existing principal structures included in the overall development area
633
shall be retained.
634
d.
Modifications to Existing Building: A maximum of 25% of each street facing
635
building wall may be removed to accommodate modifications or additions. No
636
more than 50% of the building's exterior walls may be removed. Portions of a
637
building wall with character defining architectural features shall not be removed.
638
e.
Retention of Existing Active Commercial Uses: Eligible buildings with existing
639
active commercial uses with ground level street frontage are subject to the
640
following requirements. For the purpose of this subsection, active commercial
641
uses are those that support the vibrancy and usabilijy of the public realm adjacent
642
to a building and encourage pedestrian activity and walk-in traffic. Active uses
643
may include retail goods/service establishments, restaurants, bars, art and craft
644
studios, or other uses determined to be substantially similar in terms of activation
645
by the planning director.
646
A minimum of 50% of the length shall be retained along the street frontage in
647
the existing building or be included as part of the new development. If
648
included in the new development, the active commercial use shall have the
23
LEGISLATIVE
649 primary entrance on the street frontage with direct public access from the
650 street frontage.
651 Q The existing depth of the active commercial use shall be maintained or a
652 minimum depth of 25 feet, whichever is less.
653 Q These requirements do not apply to nonconforming active commercial uses
654 with ground level street frontage.
655
656 4. Incentives:
657 a. Planned Development Waived: A planned development is not required for the
658 following:
659 (1) More Than One Principal Building Per Lot: More than one principal building
660 per lot is allowed without having frontage along a public street.
661 (2) Lots without Frontage on a Public Street: Lots do not require frontage on a
662 public street if necessary cross access easements are provided.
663 b. Administrative Planned Development: The following are authorized through an
664 administrative ,planned development pursuant to the procedures and standards in
665 Chapter 21A.55. The minimum planned development size required by
666 21A.55.060 does not apply:
667 Modification to the minimum yard requirements.
668 Modification to the open space and landscaping requirements when the
669 modification specifically relates to preserving the existing building_(s).
670 Modifications to the provisions for awnings and canopies, balconies, patios,
671 and porches in Table 21A.36.020.B, Obstructions in Required Yards.
672 (4) Modifications to the parking location and setback requirements in Table
673 21A.44.060.A.
674 Parking within the boundary of a planned development area but located on a
675 different parcel or lot than the use(s) it is intended to serve, is allowed and is
676 not considered off -site parking The parking must only serve the uses within
677 the planned development area unless otherwise authorized by other provisions
678 of this title.
679 c. Minimum Lot Area, Width & Coverage:
680 The minimum lot width for the land use found in the minimum lot area and lot
681 width tables of the zoning district does not apply.
682 The minimum lot area for the land use found in the minimum lot area and lot
683 width tables of the zoning district only applies for the followingzoning
684 districts: FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000 and R-115,000.
685 RMF-30 zoning district: The minimum lot size per dwelling unit does not
686 apply.
687 (4) Lot coverage may be calculated for the overall development area not the
688 individual lot or parcel within the development area.
689 d. Height: Additional building height is authorized in zoning districts as indicated in
690 the following sections through administrative design review. The maximum
691 height per story of the additional building height incentive shall not exceed 12
692 feet. Administrative design review shall be reviewed pursuant to the procedures
693 and standards in Chapter 21A.59. The additional height authorized by this
24
LEGISLATIVE
694 subsection shall not be combined with the additional height authorized
695 Subsection 21A.52.050, Affordable Housing Incentives.
696
697l Residential districts:
Zoning District
Permitted Maximum Height with Incentive
RMU-35
45', regardless of abutting use or zone.
RMU-45
55', regardless of abutting use or zone.
RB
I 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
I additional story equal to or less than the average height of the
other stories in the building.
699 Q Commercial Districts:
700
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 boundarX
described in 21A.26.070.G.
CSHBDI
105' and 2 additional stories equal to or less than the average
height of the other stories in the building
CSHBD2
60' and I 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_
25
LEGISLATIVE
701 (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-MU11
125' and 3 additional stories equal to or less than the average
height of the other stories in the building.
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.
702
703 (41 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
704
705 (5j Other districts:
706
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 V.
26
LEGISLATIVE
707
708 e. Administrative design review is permitted for the following_
709 (1) Buildings in the CSHBDI or CSHBD2 zoning district that exceed 20,000
710 square feet in size.
711 (2) Buildings in the CB zoning district that exceed 7,500 gross square feet of floor
712 area for a first -floor footprint or in excess of 15,000 gross square feet floor
713 area.
714 f. Parking: The following are the minimum off-street parking requirements unless a
715 lesser requirement is listed in the required off-street parking table in 21A.44.
716 These minimums may be further reduced with the alternatives to minimum
717 parking calculations in 21A.44.050.
718 Residential: 0.5 space per dwelling unit for multi -family; 1 space per dwelling
719 unit for all other residential uses.
720 Nonresidential: The minimum number of required off-street parking spaces
721 for the proposed use listed in the required off-street parking table in 21A.44
722 may be reduced by 40%.
723 Existing Parking Below the Minimum: If the existing parking for the eligible _
724 building does not meet the minimum off-street parking requirements above,
725 no additional parking shall be required.
726 (4� Loading areas as indicated in Table 21A.44.070-A shall not be required.
727
728 g. Minimum Required Yards: The minimum required yards may apply to the
729 perimeter of the development area and not to the individual lot or parcel within
730 the development area.
731
732 5. Design Standards for New Construction: Unless a stricter design standard related to
733 each of the following is included in the base zone or Chapter 21A.37, the following
734 design standards are required for all zones except single and two-family zoning
735 districts:
736 a. Building Materials: Other than windows and doors, 50% of any street facing
737 facade shall be clad in durable materials. Durable materials include stone, brick,
738 masonry, textured or patterned concrete, fiber cement board or other material that
739 includes a minimum manufacturer warranty of 20 years from color fadin&
740 weather, and local climate induced degradation of the material. Other materials
741 may be used for the remainder of the facade facing the street. Other materials
742 proposed to satisfy the durable requirement maeapproved at the discretion of
743 the planning director if it is found that the proposed material is durable and is
744 appropriate for the proposed location on the building_
745 b. Ground Floor Glass: The surface area of the ground floor of a street facing facade
746 shall contain a minimum percentage of glass as indicated below, calculated
747 between 3 feet and 8 feet above grade. All ground floor glass shall allow
748 unhampered and unobstructed visibility into the building for a depth of at least b
749 feet, excluding any glass etching and window signs when installed and permitted
750 in accordance with Chapter 21-A.46, "Signs", of this title.
751 (1) Nonresidential Uses: 50% ground floor glass
752 (2) Residential Uses: If the ground level of the building is occupied by residential
753 uses that face the street, the minimum glass requirement is 20%.
27
LEGISLATIVE
754 c. Upper Floor Glass: The surface area of the facade of each street facing floor
755 above the ground floor must contain a minimum of 20% glass.
756 d. Maximum Length of a Blank Wall: The maximum length of any blank wall
757 uninterrupted by windows or doors at the ground floor level along any street
758 facing facade is 15 feet. Emergency exit doors and doors to access structured
759 parking or utilityquipment shall not count as an interruption.
760 e. Maximum Length of Street Facing Facades:
761 (1) The maximum length of each street facing building facade shall not exceed
762 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts.
763 (2) The maximum length of each street facing building facade shall not
764 exceed 175 feet in all other zoning districts.
765 f. Building Entrances: A building entrance that provides direct access to the use
766 with a walkway connected to the public sidewalk is required for each ground floor
767 street facing facade as follows:
768 (1) Single Family Attached: All units abutting a street shall have the primary
769 entrance on the street.
770 (2) Multi -family: At least one building entrance is required for each street facing
771 facade. Additional building entrances shall be required everX7-, feet.
772 ('1) Unless the base zone of the property has specific entry feature requirements,
773 all required residential building entries shall have an unenclosed entryyporch,
774 portico, awning or canopy, or emphasized doorway entry feature as described
775 in 21A.37.o5o.P. The entry feature may encroach in the front yard setback,
776 but the encroachment shall not be closer than 5 feet from the front property
777 line.
778 (4) Nonresidential Uses: At least one building entrance is required for each street
779 facing facade. Additional building entrances shall be required every 40 feet.
780 g_ Garage Doors Facing Street: Garage doors are prohibited on the facade of the
781 building that is parallel to, or located along, a public street.
782 h. Screening of Mechanical Equipment: All mechanical equipment shall be screened
783 from public view and sited to minimize their visibilily and impact. Examples of
784 siting include on the roof, enclosed or otherwise integrated into the architectural
785 design of the building, or in a rear or side yard area subject to yard location
786 restrictions found in Section 21A.36.020, Table 21A.36.020B, "Obstructions In
787 Required Yards".
788
789 6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection
790 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of
791 which shall be approved by the city attorney. The restrictive covenant shall be
792 recorded on the property with the Salt Lake County Recorder prior to issuance of a
793 building �permit for a building using the incentives. The restrictive covenant shall run
794 with the land and shall provide for the following, without limitation:
795 a. Acknowledge the use of the incentives, the nature of the approval, and any
796 conditions thereof,
797 b. Shall guarantee that the physical elements of the eligible building used to qualify
798 for the incentives shall remain in substantially the same form and exterior features
799 important to the character of the building shall be preserved during the term;
800 c. Projects that apply the incentives to new buildings on the development site shall
801 guarantee retention of the eligible building used to qualify for the incentives for a
W.
LEGISLATIVE
802 minimum term of 30 years or, if the eligible building is subject to 21A.34.020,
803 indefinitely unless otherwise permitted by the terms of a certificate of
804 appropriateness after such 30 year period;
805 d. The terms of compliance with all applicable regulations and the ci y's potential
806 remedies for any_ violation of the restrictive covenant.
807
808 7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the
809 property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant
810 to 21A.20. The city shall have additional remedies or financial penalties for violations
811 as identified in the terms of the restrictive covenant required by Subsection
812 21A.52.060.B.6, which shall be reasonably related to enforcement of the
813 requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a
814 violation of the covenant may include liquidated damages representing a reasonable
815 estimate of the value of the incentives, plus other associated damages valued up to
816 20% of the tax assessed value of the preserved building over the three preceding
817 years.
818
819
820 SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That
821 Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall
822 be, and hereby is amended to read as follows:
823
824 21A.55.020: AUTHORITY:
825 A. Administrative Review: The planning director maygpprove, approve with
826 modifications, deny, or refer to the planning commission modifications to specific
827 zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying
828 provisions in 21A.52.060.13 in accordance with the standards and procedures set forth in
829 this chapter and other regulations applicable to the district in which the property is
830 located.
831
832 B. Planning Commission Review: The Pplanning Gcommission may approve planned
833 developments for uses listed in the tables of permitted and conditional uses for each
834 category of zoning district or districts. The approval shall be in accordance with the
835 standards and procedures set forth in this chapter and other regulations applicable to the
836 district in which the property is located.
837 In approving a planned development, the gplanning Ecommission may change, alter,
838 modify or waive the following provisions of this title:
839 IA. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ecity's
840 subdivision regulations as they apply to the proposed planned development except
841 that the Pplanning Ecommission cannot approve a use that is not allowed in the
842 zoning district in which the planned development is located, with the eyeeption of
843 off site rar-kin s f„ the f desefibed i this seetion.
29
LEGISLATIVE
844 2H. Off -Site -Parking: Off-sA"!!arking within the boundary of a planned development
845 area, but located on a different parcel or lot than the use(s) it is intended to serve, is
846 in zeiiiiag dis4iets where off site par -king is not " allowed and not considered off-
847 site parking use. The parking must only serve the uses be leeatea within the planned
848 development area unless otherwise authorized by other provisions of this title.
849 3G. Building Height: Up to five feet (5') of additional building height, except in the FR,
850 R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be
851 approved through the planned development process.
852 4B. Density: Residential planned developments shall not exceed the density limitation
853 of the zoning district where the planned development is proposed except as allowed
854 below. The calculation of planned development density may include open space that
855 is provided as an amenity to the planned development. Public streets located within
856 or adjacent to a planned development shall not be included in the planned
857 development area for the purpose of calculating density.
858 a4-. In the RMF Zzoning Odistricts and on lots 0.20 acres or more in size,
859 developments that change a nonconforming commercial use to a residential use
860 that is allowed in the zoning district are exempt from the density limitations of
861 the zoning district when approved as a planned development.
862
863 SECTION 32. Amending the text of Salt Lake City Code Section 21 A.55.030. That
864 Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning
865 Commission Decision) shall be and hereby is amended to read as follows:
T
867 21A.55.030: PLANNING COMMISSION DECISION:
868
869 A. No Presumption Oof Approval: A request for a planned development does not constitute
870 an assurance or presumption that such planned development will be approved. Rather,
871 each proposed planned development shall be evaluated on an individual basis, in relation
872 to its compliance with the standards and factors set forth in this chapter and with the
873 standards for the zoning district in which it is located, in order to determine whether the
874 planned development is appropriate at a particular location.
875
876 B. Approval: The Pplanning Ecommission or planning director in the case of administrative
877 planned developments, may approve a planned development as proposed or may impose
878 conditions necessary or appropriate for the planned development to comply with the
879 standards and factors set forth in this chapter.
880
881 C. Denial: The Pplanning Ecommission or planning director in the case of administrative
882 planned developments, may deny an application for a planned development if it finds that
883 the proposal does not meet the intent of the base zoning district, does not meet the
LEGISLATIVE
884 purpose of this chapter, or is not consistent with the standards and factors as set forth in
885 this chapter.
886
887
888 SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That
889 Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures)
890 shall be and hereby is amended to read as follows:
891
892 21A.55.040: PROCEDURES:
893
894 A. Application: An application for a planned development shall be made on an application
895 form prepared by the zoning administrator and accompanied by applicable fees as noted
896 in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible
897 for payment of all mailing fees established for required public noticing_The-appk-ant
898 A
899 complete application shall contain at least the following information submitted by the
900 applicant, unless certain information is determined by the zoning administrator Plamiing
901 Dto to be inapplicable or unnecessary to appropriately evaluate the application
902
903
904 1. A complete description of the proposed planned development including the zoning
905 regulations being modified in the planned development and the planning objectives
906 being met;
907 2. When the proposed planned development includes provisions for common open space
908 or recreational facilities, a statement describing the provision to be made for the care
909 and maintenance of such open space or recreational facilities;
910 3. A written statement with supporting graphics showing how the proposed planned
911 development is compatible with other property in the neighborhood;
912 4. Plans, as required pursuant to &Section 2IA. 58.060 of this title, with the exception of
913 the number of copies required;
914 5. Architectural graphics including floor plans, elevations, profiles and cross sections;
915 6. A preliminary subdivision plat, if required;
916 7. Traffic impact analysis, where required by the City Transportation Division; and
917 8. Other information or documentation the zoning administrator may
918 deem necessary for proper review and analysis of a particular application.
919
920 B. Determination Oof Completeness: Upon receipt of an application for a planned
921 development, the zoning administratoiPlanning Direeto shall make a determination of
922 completeness of the application pursuant to sSection 2IA. 10.010 of this title.
923
924 C. Public Notification and Engagement:
925
31
LEGISLATIVE
926 1. Notice of Application for Administrative Review: Prior to the approval of an
927 application that qualifies for administrative review, the ,planning director shall
928 provide written notice as provided in Chapter 2IA. 10.020.B.
929
930 2. Required Notice for Planning Commission Review:
931 a. Applications subject to planning commission review are subject to the notification
932 requirements of Chapter 2.60.
933 b. Any required public hearingis 's subject to the public hearing notice requirements
934 found in Chapter 21A.10.
935
936 Staff Report: Upon completing a site plan review and r- )mmendafiens fre
937 ,
938 appheatien shall be pfepar-ed by the Planning Division and fb�ar-ded to the app -t and dw
939 Planning r,,,,.,,,. issi ,.,
940
941
942
944
945 , the Planning Geffifflissie
946 shall deeide, on the basis of the standards eantained in seetion 21A.55.050 of this ehapwf
947 , or- de" the appheati
948
949
950 of the Plapqing Commission in wfiting, aeeenipanied by one eopy of the submitted p!
951 ' ,ing With
952 .
953
954
955 SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That
956 Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for
957 Planned Developments) shall be, and hereby is amended, as to the preamble only with
958 Subsections A through G unchanged:
959
960 21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS:
961
962 The Pplanning Ecommission, or the planning director in the case of an administrative planned
963 development, may approve, approve with conditions, or deny a planned development based upon
964 written findings of fact according to each of the following standards. It is the responsibility of the
965 applicant to provide written and graphic evidence demonstrating compliance with the following
966 standards:
967
32
LEGISLATIVE
968
969 SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That
970 Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the
971 Planning Commission Decision) shall be and hereby is amended to read as follows:
972
973 21A.55.070: APPEAL OF THE DECISION:
974 Any person adversely affected by a final decision of the Pplanning C—commission or planning
975 director in the case of administrative planned developments,
976 dose' pmo„* may appeal to the Aappeals I4hearing Oofficer in accordance with the provisions
977 of &Chapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome
978 of the appeal, except as provided for under &Section 2IA. 16.030F of this title.
979
980 SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That
981 Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on
982 Approved Planned Development) shall be and hereby is amended to read as follows:
983
984 21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT:
985 No planned development approval shall be valid for a period longer than one year unless a
986 building permit has been issued or complete building plans have been submitted to the Division
987 of Building Services and Licensing. The P-planning Ecommission or planning director in the case
988 of an administrative planned development, may grant an extension of a planned development for
989 up to one additional year when the applicant is able to demonstrate no change in circumstance
990 that would result in an unmitigated impact. Extension requests must be submitted prior to the
991 expiration of the planned development approval.
992
993 SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That
994 Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of
995 Approval of Planned Development) shall be and hereby is amended to read as follows:
996
997 21 A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT:
33
LEGISLATIVE
998 The approval of a proposed planned development by the P-planning Ccommission or planning
999 director in the case of an administrative planned development, shall not authorize the
1000 establishment or extension of any use nor the development, construction, reconstruction,
1001 alteration or moving of any building or structure, but shall authorize the preparation, filing and
1002 processing of applications for any permits or approvals that may be required by the regulations
1003 of the Ecity, including, but not limited to, a building permit, a certificate of occupancy and
1004 subdivision approval.
1005
1006 SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That
1007 Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications
1008 to Development Plan) shall be and hereby is amended to read as follows:
1009
1010 21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN:
1011 Following planned development approval, the development plan approved by the Pplanning
1012 Ecommission or planning director in the case of an administrative planned development, shall
1013 constitute the site design in relation to building placement and design, landscaping, mobility and
1014 circulation elements, and any elements that were approved as zoning modifications through the
1015 planned development process. Modifications to the development plan may be allowed pursuant
1016 to this section.
1017 A. New Application Required Ffor Modifications Aand Amendments: No subst i# 4
1018 Mmodifications or amendments shall be made it the e„stmetio development or- use
1019 without a new plieation under- subject to the provisions of this section.title. Miner
1020
1021
1022
1023 B. Minor Modifications: The P-planning Ddirector may authorize minor modifications to the
1024 approved development plan
1025 s4e plan as set f Ah in ehapter 21A.59 of this *i*'-e when such modifications appear
1026 necessary in light of technical or engineering considerations necessary to comply with an
1027 adopted building, fire, or engineering code or standard or when the modification complies
1028 with the applicable standards in the underlying zoning oning district or overlay district. Such
1029 minor modifications shall be limited to the following elements:
1030 1. Adjusting the distance as shown on the approved development plan between any
1031 one structure or group of structures, and any other structure or group of structures,
1032 or any vehicular circulation element or any boundafy of the s ;
1033 2. Adjusting the location of any open space;
W
LEGISLATIVE
1034 3. Adjusting any final grade;
1035 4. Altering the types of landscaping elements and their arrangement within the
1036 required landscaping buffer area;
1037 5. Signs;
1038 6. Relocation or construction of accessory structures that comply with the provisions
1039 of 21A.40 and anygpplicable accessory structure regulations; or
1040 7. Additions which comply with the lot and bulk requirements of the underlying
1041 zone.
1042 Such minor modifications shall be consistent with the intent and purpose of this title and
1043 the development plan as approved pursuant to this chapter and shall be the minimum
1044 necessary to ^ o e the p.,,.t;,.,,'.,,. di ffieuRy comply with the standards of the
1045 underlyingzning district or the applicable building, fire, or engineering code or standard
1046 and sha4l not be appfoved if sueh medi fi .,ations would fe „lt ; a violation of
1047 s*.,n,a.,r ^r requirement of this title A minor modification shall not be approved if the
1048 modification reduces a required building setback, authorizes an increase in lot coverage,
1049 or increases building height.
1050 C. Major Modifications: Any modifications to the approved development plan not
1051 authorized by sSubsection B of this seetieH shall be considered to be a major
1052 modification. The gplanning Ecommission or planning director in the case of an
1053 administrative planned development, shall give notice to all property owners consistent
1054 with notification requirements located in chapter 21A.10 of this title. The gplanning
1055 Ecommission or planning director in the case of an administrative planned development,
1056 may approve an application for a major modification to the approved development plan,
1057 not requiring a modification of written conditions of approval or recorded easements,
1058 upon finding that any changes in the plan as approved will be in substantial conformity
1059 with the approved development plan. If the commission or planning director in the case
1060 of an administrative planned development, determines that a major modification is not in
1061 substantial conformity with the approved development plan, then the commission or
1062 planning director in the case of an administrative planned development, shall review the
1063 request in accordance with the procedures set forth in this section.
1064 D. Other Modifications: Any modification to the planned development that complies with
1065 the standards of the underlyingzoning oning district or overlay zoning district is allowed
1066 provided the modification does not violate a condition of approval or other requirement
1067 placed on the planned development as part of the approval of the application and required
1068 permits and approvals are obtained.
1069
M
LEGISLATIVE
1070 SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That
1071 Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority:
1072 Administrative Review) shall be, and hereby is amended to read as follows:
1073 A. Administrative Review: The planning director may approve, approve with modifications,
1074
deny or refer to the planning commission modifications to specific design standards when
1075
proposed as new construction, an addition or modification to the exterior of an existing
1076
structure, or a modification to an existing structure as authorized in Section 21A.59.040,
1077
Table 21A.59.040 of this chapter or when authorized in the speei e zoning a:�*ri�*
1078
elsewhere in this title.
1079
1. The director shall approve a request to modify a design standard if the director
1080
finds that the proposal complies with the purpose of the individual zoning district,
1081
the purpose of the individual design standards that are applicable to the project,
1082
the proposed modification is compatible with the development pattern of other
1083
buildings on the block face or on the block face on the opposite side of the street,
1084
and the project is compliant with the applicable design review objectives
1085
(Section 21A.59.050 of this chapter).
1086
2. The director may approve a request to modify a design standard with conditions
1087
or modifications to the design if the director determines a modification is
1088
necessary to comply with the purpose of the base zoning district, the purpose of
1089
the applicable design standards of the base zoning, to achieve compatibility with
1090
the development pattern of other buildings on the block face or on the block face
1091
on the opposite side of the street, or to achieve the applicable design review
1092
objectives.
1093
3. The director shall deny a request to modify a design standard if the design does
1094
not comply with the purpose of the base zoning district, the purpose of the
1095
applicable design standards or the applicable design review objectives and no
1096
modifications or conditions of approval can be applied that would make the
1097
design comply.
1098
4. The director may forward a request to modify a design standard to the planning
1099
commission if the director finds that the request for modification is greater than
1100
allowed by this chapter, a person receiving notice of the proposed modification
1101
can demonstrate that the request will negatively impact their property, or at the
1102
request of the applicant if the director is required to deny the request as provided
1103
in this section.
1104
01
LEGISLATIVE
1105 SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That
1106 Section 2IA. 62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall
1107 be, and hereby is amended to read as follows:
1108 a. Amending the definition of "ADAPTIVE REUSE OF A LANDMARK
1109 BUILDING." That the definition shall be amended to read as follows:
1110 ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF LAND I�
1111 BUILDINGS: The p o fr-eusing bwilding for- aptir-pos o th,o,. dh,,,:n whieh it was built
1112 buildings_ . Other land uses, in addition to
1113 those specifically listed in the land use tables, may be allowed as a permitted or conditional use
1114 subject to the provisions in Subsection 21A.52.060.A.
1115
1116 b. Amending the definition of "PARKING, OFF SITE," That the definition of
1117 "PARKING, OFF SITE" shall be amended to read as follows:
1118 PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is
1119 located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within
1120 the boundary of a Manned development that onlv serves uses within the Manned development
1121 area is not considered off -site parking.
1122 C. Repealing the definition "HOUSE MUSEUM IN A LANDMARK SITE" as
1123 follows:
1124 HOUSE MUSEAJA4 IN L-ANDMARK SITE. A dwelling unit W-hieh is eenvefted fiefn its or4g
• histor-ie pufposes. Sueh museum should inelude a staff who eommands .. . . te body of
i building and its eolleetions to the general publie. Sueh staff should also have the ability to r-e
1130 aequaintanee v4th the liteFatwe of the field. Sue-h museum should maintain either- regular- houfs
Jt lR!ft! Jp i1�/t�llRi��n�l!�rl!�19�t�!l!S.Sl1 - n o*mWWW9rERNi!"'W"%W-a/w�19v1ti.A &.WoMia.
1132
1133 SECTION 15. Effective Date. This Ordinance shall become effective on the date of its
1134 first publication.
37
LEGISLATIVE
1135
1136
1137
1138
1139
1140
1141
1142
1143
1144
1145
1146
1147
1148
1149
1150
1151
1152
1153
1154
1155
1156
1157
1158
1159
1160
1161
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(legislative)vl
'9