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Legislative Version Ordinance - 5/2/2024 1 LEGISLATIVE SALT LAKE CITY ORDINANCE 1 No. _____ of 2024 2 3 (Amending the zoning text of various sections of Title 21A of the Salt Lake City Code 4 pertaining to zoning incentives for adaptive reuse and preservation of buildings) 5 6 An ordinance amending the text of various sections of Title 21A of the Salt Lake City 7 Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to 8 Petition No. PLNPCM2023-00155. 9 WHEREAS, on February 28, 2024, the Salt Lake City Planning Commission (“Planning 10 Commission”) held a public hearing on a petition submitted by Salt Lake City Mayor, Erin 11 Mendenhall to amend the zoning code pertaining to zoning incentives for adaptive reuse and 12 preservation of buildings (Petition No. PLNPCM2023-00155); and 13 WHEREAS, at its February 28, 2024 meeting, the Planning Commission voted in favor 14 of forwarding a positive recommendation to the Salt Lake City Council on said petition; 15 WHEREAS, after a public hearing on this matter the City Council has determined that 16 adopting this ordinance is in the city’s best interests. 17 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 18 19 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.10.015.A. That 20 Subsection 21A.10.015.A of the Salt Lake City Code (Zoning: General Application, Public 21 Engagement, and Public Noticing Procedures: Public Engagement: Land Use Projects Subject to 22 Public Engagement) shall be, and hereby is amended to read as follows: 23 A. Land Use Projects Subject to Public Engagement: The following are considered land use 24 projects for purposes of this chapter and are subject to the public engagement process and 25 requirements herein: 26 27 1. Request for an alley/street closure or vacation; 28 2. Amendments to Title 21A; 29 3. Conditional use applications; 30 2 LEGISLATIVE 4. Design review applications, that are subject to review by the planning commission as 31 provided in Chapter 21A.59; 32 5. Applications to demolish one or more landmark sites or contributing structures 33 located within a local historic district; 34 6. Master plans, including amendments, to be adopted by the city council; 35 7. Requests for certificates of appropriateness required for new construction of principal 36 structures, except for single family and two family dwellings; 37 8. Planned development applications that are subject to review by the planning 38 commission as provided in Chapter 21A.55; and 39 9. Zoning map amendments. 40 41 42 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That 43 Subsection 21A.10.020.B of the Salt Lake City Code (Zoning: General Application, Public 44 Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special 45 Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to 46 read as follows: 47 B. Special Noticing Requirements for Administrative Approvals: 48 49 1. Notice of Application for Design Review and Planned Development: 50 51 a. Notification: At least twelve (12) days before a land use decision is made for an 52 administrative design review application as authorized in Chapter 21A.59 of this 53 title, or an administrative planned development as authorized by Chapter 21A.55 54 of this title, the planning director shall provide written notice to the following: 55 (1) All owners and identifiable tenants of the subject property, land abutting the 56 subject property, and land located directly across the street from the subject 57 property. In identifying the owners and tenants of the land the city shall use 58 the Salt Lake City geographic information system records. 59 (2) Recognized community organization(s) in which the subject property is 60 located. 61 62 b. Contents of the Notice of Application: The notice shall generally describe the 63 subject matter of the application, where the public may review the application, the 64 expected date when the planning director will authorize a final land use decision, 65 and the procedures to appeal the land use decision. 66 67 c. End of Notification Period: If the planning director receives comments identifying 68 concerns related to the design review application not complying with the 69 requirements of Chapter 21A.59, or the planned development not complying with 70 3 LEGISLATIVE the requirements of Chapter 21A.55, the planning director may refer the matter to 71 the planning commission for their review and decision on the application. 72 73 74 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.S. That 75 Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General 76 Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby 77 is amended to read as follows: 78 79 S. Compliance with Noise Regulations Required: Any construction work in residential zoning 80 districts shall comply with Section 9.28.040, “Noises Prohibited.”Adaptive Reuse Of A 81 Landmark Building In Residential Districts: 82 1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a residential 83 district is to preserve landmark sites as defined in subsection 21A.34.020B of this title. In some 84 instances these sites have outlived their original use due to economic conditions, size of the 85 building, and/or a substantial degree of deterioration of the historic property. Such sites, 86 however, still contribute to the welfare, property and education of the people of Salt Lake City 87 because of their historic, architectural or cultural significance. The Planning Commission shall 88 consider the allowance of a nonresidential use of a landmark site in a residential district 89 according to the qualifying provisions outlined in subsection S2a of this section and pursuant 90 to chapter 21A.54 of this title, in order to ensure that the residential character of the surrounding 91 environment is preserved. 92 2. Conditional Use Required: Where authorized by this title as shown in 93 section 21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of 94 this title, landmark sites in any residential district may be used for certain nonresidential uses. 95 a. Qualifying Provisions: In order to qualify for conditional use review by the 96 Planning Commission under section 21A.54.080, "Standards For Conditional Uses", of 97 this title, the applicant must demonstrate compliance with the following: 98 (1) The building is designated as a landmark site on the Salt Lake City 99 register of cultural resources. The designation process must be completed prior to the 100 City accepting a conditional use application for the structure unless the Planning 101 Director determines that it is in the best interest of the City to process the designation 102 and conditional use applications together. 103 (2) The landmark building shall have a minimum of seven thousand (7,000) 104 square feet of floor area, excluding accessory buildings. 105 (3) The new use will require minimal change as these features are important 106 in defining the overall historic character of the building and environment. 107 (4) The use is conducive to the preservation of the landmark site. 108 4 LEGISLATIVE (5) Significant archaeological resources affected by the project shall be 109 protected and preserved. If such resources must be disturbed, mitigation measures 110 shall be undertaken. 111 (6) The use is compatible with the surrounding residential neighborhood. 112 (7) Distinctive features, finishes, and construction techniques or examples of 113 craftsmanship that characterize the property shall be preserved. 114 (8) The use does not result in the removal of residential characteristics of the 115 structure or site including mature landscaping. 116 (9) The change in use from residential to nonresidential is necessary due to 117 the excessive size of the landmark site for residential uses allowed in the residential 118 district, and/or demonstration that the building cannot reasonably be used for its 119 original intended use. 120 (10) The proposed use will not have a material net cumulative adverse 121 impact on the neighborhood or the City as a whole by considering the following: 122 (A) The spatial distribution of: 123 (i) Business licenses issued for properties located within three 124 hundred feet (300') of any property line and the block frontage on both sides 125 of the street between 100 series addresses; and 126 (ii) Previously approved conditional uses for nonresidential uses 127 in landmark sites within the same planning community, as shown on a map of 128 planning communities maintained by the Zoning Administrator. 129 (B) Impacts on neighboring properties including, but not limited to: 130 (i) Traffic; 131 (ii) Parking; 132 (iii) Signs; 133 (iv) Lighting; 134 (v) Removal of landscaping; and 135 (vi) For the purposes of evaluating subsections S2a(10)(B)(i) 136 through S2a(10)(B)(v) of this section, professionally prepared impact studies 137 shall not be required unless specifically requested by the Zoning 138 Administrator; 139 (vii) Noise, fumes or odors; 140 b. Credit For On Street Parking: Some or all of the off street parking spaces 141 required in section 21A.44.030 of this title may be met by the provision of on street 142 spaces. Such credit shall require the site plan review approval. Requests for on street 143 parking shall meet the following requirements: 144 5 LEGISLATIVE (1) All on street parking facilities shall be designed in conformance with the 145 standards established by the City Transportation Engineer; 146 (2) Prior to approving any requests for on street parking, the development 147 review team shall determine that the proposed on street parking will not materially 148 adversely impact traffic movements and related public street functions; and 149 (3) Credit for on street parking shall be limited to the number of spaces 150 provided along the street frontage adjacent to the use. 151 152 SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That 153 Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General 154 Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its 155 entirety as follows: 156 157 W. Compliance With Noise Regulations Required: Any construction work in residential 158 zoning districts shall comply with section 9.28.040, "Noises Prohibited", of this Code. 159 160 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6. 161 That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF-162 35 Moderate Density Multi-Family Residential District: Minimum Yard Requirements: Existing 163 Yards) shall be, and hereby is amended to read as follows: 164 6. Existing Yards: For buildings legally existing on April 12, 1995, the required yard 165 shall be no greater than the established setback line of the existing building unless the 166 proposed yard encroachment is to accommodate additional units. New principal 167 buildings must conform to current yard area requirements, unless the new principal 168 two-family dwelling or twin home has legal conforming status as outlined in 169 section 21A.38.070 of this title. 170 171 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.160.D. That 172 Subsection 21A.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB 173 Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is 174 6 LEGISLATIVE amended only to eliminate the Land Use “A single dwelling unit located above first floor retail 175 or office uses” from the table in said subsection, with no other changes to the table: 176 177 Land Use Minimum Lot Area Minimum Lot Width A single dwelling unit located above first floor retail or office uses Included in principal use Included in principal use 178 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That 179 Subsection 21A.24.180.I of the Salt Lake City Code (Zoning: Residential Districts: RO 180 Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand 181 Square Feet) shall be, and hereby is amended to read as follows: 182 I.Offices iIn Existing Buildings oOn Lots Less Than Twenty Thousand Square Feet:183 Offices occupying existing buildings are permitted on a five thousand (5,000) square foot184 minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of185 the existing building footprint or that exceed the height of the existing building shall be186 subject to design review (chapter 21A.59 of this title) unless the existing building is using187 the incentives in 21A.52.060.188 189 SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That 190 Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General 191 Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the 192 CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is 193 repealed in its entirety as follows: 194 195 K. Bed And Breakfast Establishments And Reception Centers In Landmark Sites In The CN196 Neighborhood Commercial And CB Community Business Districts: 197 1.Conditional Use Required: Where not otherwise authorized by this title and after198 conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this199 7 LEGISLATIVE title, landmark sites in a CN or CB District may be used for a bed and breakfast 200 establishment or reception center subject to the following standards: 201 a. Standards: In addition to the standards for conditional uses, section 21A.54.080 of 202 this title, the Planning Commission shall find the following: 203 (1) The structure is designated as a landmark site on the Salt Lake City Register of 204 Cultural Resources. The designation process must be completed prior to the City 205 accepting a conditional use application for the structure unless the Planning 206 Director determines that it is in the best interest of the City to process the 207 designation and conditional use applications at the same time because of the risk 208 of probable demolition; 209 (2) The use is conducive to the preservation of the landmark site; 210 (3) The use is compatible with the surrounding residential neighborhood; and 211 (4) The use does not result in the removal of residential characteristics of the 212 structure (if the structure is a residential structure), including mature landscaping. 213 b. Condition Of Approval: A preservation easement in favor of the City shall be placed 214 upon the landmark site. 215 216 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 217 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 218 Conditional Uses for Residential Districts) shall be amended only as to the use categories “Adaptive 219 reuse of a landmark site”, “Dwelling, multi-family” and “Mixed use development” and to repeal 220 only the use category “Temporary use of closed schools and churches”, with no other changes to the 221 table, which aforementioned use categories shall read and appear in that table as follows: 222 8 LEGISLATIVE 223 Use Permitted And Conditional Uses By District FR-1/ 43,560 FR-2/ 21,780 FR-3/ 12,000 R-1/ 12,000 R-1/ 7,000 R-1/ 5,000 SR-1 SR-2 SR-3 R-2 RMF- 30 RMF- 35 RMF- 45 RMF- 75 RB R-MU- 35 R-MU- 45 R-MU RO Adaptive reuse for additiona l uses in eligible buildings of a landmark site C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 P8 P8 P8 P8 P86 Dwelling , multi- family P8 P8 P8 P8 P8 P8 P8 P8 P8 P8 P P P P P P P P P Mixed use develop ment P1 P P P P Temporar y use of closed schools and churches C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 C19 224 9 LEGISLATIVE 225 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the 226 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Residential 227 Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 228 Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to 229 notes “1”, “6”, “8” and “19” which shall appear in numerical order with the other notes and read as 230 follows: 231 1. Reserved. A single apartment unit may be located above first floor retail/office. 232 233 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 234 percent of the building's footprint. Building additions greater than 50 percent of the 235 building's footprint or new office building construction are subject to a design review 236 unless the building qualifies for the incentives in 21A.52.060. 237 238 8. Subject to conformance with the provisions of sSubsection 21A.52.060.A 21A.24.010S 239 of this title. 240 241 19. Reserved. Subject to section 21A.36.170 of this title. 242 243 244 245 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 246 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 247 Conditional Uses for Commercial Districts) shall be amended only as to the use category “Bed and 248 breakfast” and to repeal only the use categories “Adaptive reuse of a landmark site”, “House 249 museum in landmark sites” and “Offices and reception centers in landmark sites”, with no other 250 changes to the table, which aforementioned use categories shall read and appear in that table as 251 follows: 252 253 254 255 Use Permitted and Conditional Uses by District 10 LEGISLATIVE CN CB CS1 CC CSHBD1 CG SNB Adaptive reuse of a landmark site P P P P P P Bed and breakfast manor C3 C3 P P P House museum in landmark sites (see subsection 21A.24.010S of this title) C Offices and reception centers in landmark sites (see subsection 21A.24.010S of this title) C 257 258 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.030. That the 259 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Commercial 260 Districts of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 261 Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only as to 262 note “3” which shall appear in numerical order with the other notes and read as follows: 263 3. Reserved. When located in a building listed on the Salt Lake City register of cultural 264 resources (see subsections 21A.26.010S and 21A.26.010K of this title). 265 266 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 267 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 268 Conditional Uses for Transit Station Area Districts) is amended only to repeal the use categories 269 “Adaptive reuse of a landmark site”, “House museum in landmark sites” and “Offices and reception 270 centers in landmark sites”, in the Table of Permitted and Conditional Uses for Transit Station Area 271 Districts, with no other changes to the table, as follows: 272 11 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 reuse of a landmark site P P P P P P P P House museum in landmark sites (see subsection 2 1A.24.010S of this title) P P P P P P P P Offices and reception centers in landmark sites (see subsection 21A.24.010. S of this title) P P P P P P P P 274 275 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section 276 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 277 Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category 278 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for 279 Manufacturing Districts, with no other changes to the table, as follows: 280 Use Permitted and Conditional Uses by District M-1 M-2 Adaptive reuse of a landmark site C C7 281 12 LEGISLATIVE SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the 282 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Manufacturing 283 Districts of Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 284 Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as 285 to note “7” which shall appear in numerical order with the other notes and read as follows: 286 7. Reserved. Building additions on lots less than 20,000 square feet for office uses may not 287 exceed 50 percent of the building's footprint. Building additions greater than 50 percent 288 of the building's footprint or new office building construction are subject to a design 289 review. 290 291 SECTION 16. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 292 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 293 Conditional Uses for Downtown Districts) shall be amended only to repeal the use category 294 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for Downtown 295 Districts, with no other changes to the table, as follows: 296 Use Permitted and Conditional Uses by District D-1 D-2 D-3 D-4 Adaptive reuse of a landmark site P P P P4 298 SECTION 17. Amending the text of Salt Lake City Code Section 21A.33.050. That the 299 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Downtown 300 Districts of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 301 Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only as to 302 note “4” which shall appear in numerical order with the other notes and read as follows: 303 4. Reserved. Building additions on lots less than 20,000 square feet for office uses may not 304 exceed 50 percent of the building's footprint. Building additions greater than 50 percent 305 13 LEGISLATIVE of the building's footprint or new office building construction are subject to a design 306 review (chapter 21A.59 of this title). 307 308 SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 309 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 310 Conditional Uses in the Gateway District) shall be amended only to repeal the use category 311 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses in the Gateway 312 District, with no other changes to the table, as follows: 313 Use G-MU Adaptive reuse of a landmark site P 314 SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 315 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 316 Conditional Uses for Special Purpose Districts) shall be amended only for the use categories 317 “Adaptive reuse of a landmark site” and “Dwelling: Multi-family”, in the Table of Permitted and 318 Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows: 319 14 LEGISLATIVE 320 Use Permitted and Conditional Uses by District RP BP FP AG AG- 2 AG- 5 AG- 20 OS NOS A PL PL-2 I UI MH EI MU Adaptive reuse for additional uses in eligible buildings of a landmark site C2 C2 C2 C2 P2 P2 Dwelling: Multi- family P2 P2 P2 P P 321 15 LEGISLATIVE 322 SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the 323 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Special Purpose 324 Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 325 Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only 326 as to note “2” which shall appear in numerical order with the other notes and read as follows: 327 2. Subject to conformance with the provisions of Subsection 21A.52.060.A. When located 328 in a building listed on the Salt Lake City Register of Cultural Resources. 329 330 SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 331 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 332 Conditional Uses in Form Based Districts) shall be amended only as to the use categories “Adaptive 333 reuse of a landmark site”, “Dwelling: Multi-family”, and “Reception center” and to repeal only the 334 use categories “House museum in a landmark”, and “Office and/or reception center in a landmark 335 site”, in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes 336 to the table, as follows: 337 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 landmark buildings C9 P Dwelling: Multi-family P9 P P P P House museum in landmark site P P P P P Office and/or Reception center in a landmark site P P P P Reception center P P P P 338 339 16 LEGISLATIVE SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the 340 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses in Form Based 341 Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 342 Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note 343 “9”, which shall appear in numerical order with the other notes and read as follows: 344 9. Subject to conformance with the provisions of Subsection 21A.52.060.A. 345 346 SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section 347 21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School 348 Buildings) is hereby repealed in its entirety as follows: 349 21A.36.170: RESERVEDUSE OF CHURCH AND SCHOOL BUILDINGS: 350 A. Change Of Use: In the PL, PL-2, I, UI or any residential district, a change of use of 351 any church or school to a use that is allowed as a permitted use or conditional use in the zoning 352 district may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this 353 title. 354 B. Temporary Use Of Closed Schools And Churches; Authorized As Conditional Use: The 355 temporary use of closed schools and churches may be allowed as a conditional use pursuant to 356 the provisions of chapter 21A.54 of this title, in the zoning districts indicated in the land use 357 tables of this title, provided that: 358 1. Use: The temporary use is for office space or educational purposes for public or private 359 charities. 360 2. Application: The application for a temporary use of a closed school or church shall 361 include, in addition to the application submission requirements of chapter 21A.54 of this title, the 362 following information: 363 a. Building Plans: As part of the application, the applicant shall provide a site plan drawn 364 to scale showing existing structures, auxiliary buildings, existing 365 parking and landscaping, and any proposed changes to the site. In converting the existing facility 366 to the proposed conditional use, no major exterior or interior alterations of the building shall be 367 made which render the building incompatible with a return to its use as a school or church; and 368 b. Use Plan: A proposed use plan including: 369 17 LEGISLATIVE (1) Hours and days of operation, 370 (2) Evidence of noise, odor or vibration emissions, 371 (3) Evidence of the number of classes, including hours taught, days taught, and the 372 expected class size, 373 (4) Average number of clients per day and the frequency of turnover of the clients, and 374 (5) Number of employees, staff or volunteers, both total and expected to be on the 375 premises at any given time. 376 3. Prohibition: No provision of this section shall be construed to allow any use in a 377 closed school or church for retail, residential or industrial purposes, or any use involving any 378 type of correctional or institutional facility. 379 4. Ownership: The School Board or church shall remain the owner of the property during 380 the period of time for which the conditional use is granted and any change of ownership away 381 from the School Board or church shall immediately cause the conditional use to terminate. 382 5. Automatic Termination Of Use: If the School Board or church group determines that no 383 future public or religious use will be made of the building as a public school or church, the 384 conditional use as granted under this section shall immediately cease and the property shall 385 thereafter be used only for uses permitted in the zoning district. 386 6. Temporary Use: The conditional use provided by this section shall be temporary only. 387 The time of such use shall be subject to the decision of the Planning Commission based on its 388 consideration of the criteria specified in subsection B7 of this section. The Planning Commission 389 may authorize the conditional use for a period not to exceed five (5) years, which may be 390 renewed for additional periods not in excess of five (5) years. 391 7. Termination For Excess Use: If the Planning Commission determines that the conditional 392 use is being used substantially in excess of the plan for use submitted pursuant to subsection B2b 393 of this section, the Planning Commission may, after an informal hearing, revoke the conditional 394 use if it determines that the excess use is having a negative impact on the neighborhood. 395 396 SECTION 24. Amending the text of Subsection 21A.44.060.A.1 That Subsection 397 21A.44.060.A.1 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading: 398 Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building 399 Served), shall be and hereby is amended to read as follows: 400 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required 401 to serve buildings or uses erected or established after the effective date of this 402 ordinance shall be located on the same lot or parcel as the building or use served, 403 18 LEGISLATIVE unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, "Off-Site Parking 404 Permitted", or 21A.55.020, “Planned Developments – Authority”. 405 406 SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That 407 Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall 408 be, and hereby is amended to read as follows: 409 410 21A.52.020 APPLICABILITY: 411 A. This chapter applies as indicated within each subsection. 412 B. The planned development process in Chapter 21A.55 is not required as indicated within 413 this chapter. 414 C. The administrative planned development process in Chapter 21A.55, and the 415 administrative design review process in Chapter 21A.59 may be applicable as indicated 416 within this chapter. 417 418 SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That 419 Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base 420 Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as 421 follows: 422 423 21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY 424 ZONING DISTRICTS: 425 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district 426 standards and requirements take precedence except as indicated in this section. 427 428 SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That 429 Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process) 430 shall be, and hereby is amended to read as follows: 431 432 21A.52.040: APPROVAL PROCESS: 433 19 LEGISLATIVE Unless specifically exempted or modified by this chapter, all requirements of this title shall 434 apply. 435 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a 436 zoning incentives application and provide the following information: 437 1. The applicant's name, address, telephone number and interest in the property to which 438 the incentives shall apply; 439 2. The owner's name, address and telephone number, if different than the applicant, and 440 the owner's signed consent to the filing of the application; 441 3. The street address, tax parcel number and legal description of the subject property; 442 4. The zoning classification, zoning district boundaries and present use of the subject 443 property; 444 5. The location of all existing and proposed buildings and structures, accessory and 445 principal, showing the number of stories and height, dwelling type, if applicable, 446 major elevations and the total square footage of the floor area by proposed use and 447 any additional information required for site plan review set forth in Chapter 21A.58; 448 6. The total number of dwelling units in the project, the number of affordable units, the 449 number of bedrooms in the affordable units, the location of the affordable units, and 450 level of affordability; and 451 7. Any additional information required by Chapter 21A.59 design review or 21A.55 452 planned development, to demonstrate compliance with the requirements of this 453 chapter, as applicable; and 454 8. Any additional information the zoning administrator deems necessary to demonstrate 455 compliance with this chapter. 456 B. Preliminary approval shall authorize the preparation, filing and processing of applications 457 for any permits or approval that may be required by the city, including, but not limited to, 458 a building permit. Notwithstanding the foregoing, no permits shall be issued until final 459 approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a 460 period of one year unless complete building plans have been submitted to the Division of 461 Building Services. 462 C. Administrative design review and administrative planned development, where applicable, 463 shall be exempt from the application fees and noticing fees otherwise required pursuant 464 to Chapters 21A.59 and 21A.55. 465 D. Following the approval of any administrative design review or planned development 466 application, any future alteration to the property, building or site shall comply with the 467 approved design review application unless a modification is approved subject to the 468 process outlined in Chapters 21A.59 and 21A.55, as applicable. 469 E. Final approval shall occur following the recording of the restrictive covenant. 470 F. Preliminary and final approvals shall be administrative approvals by the planning director 471 or the planning director's designee. 472 473 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That 474 Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable 475 Housing Incentives: Purpose) shall be and hereby is amended to read as follows: 476 20 LEGISLATIVE 477 21A.52.050 AFFORDABLE HOUSING INCENTIVES: 478 A. Purpose: The incentives set forth in this section chapter are intended to encourage the 479 development of affordable housing. The provisions within this section are intended to 480 facilitate the construction of affordable housing by allowing more inclusive development 481 than would otherwise be permitted in the base zoning districts. Housing constructed using 482 the incentives is intended to be compatible in form with the neighborhood and provide for 483 safe and comfortable places to live and play. 484 485 SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3. 486 That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives: 487 Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows: 488 489 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General 490 Commercial, and I Institutional Zoning Districts: 491 a. The following housing types: row houses, sideways row houses, and cottage 492 developments are authorized provided the affordability requirements in 493 subsection b. are complied with;. 494 b. The minimum open space requirements in the I Institutional zoning district do 495 not apply. 496 c. To be eligible for the incentives listed in this subsection 3a., a development shall 497 meet the affordability requirements for Type C in Table 21A.52.050.G. 498 499 SECTION 30. Amending the text of Salt Lake City Code Chapter 21A.52. That Chapter 500 21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended 501 to add a new Section 21A.52.060, with no other revisions to the chapter, to read as follows: 502 21A.52.060: BUILDING PRESERVATION INCENTIVES: 503 The provisions in this section provide optional incentives to development projects that include 504 the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may 505 be combined with the incentives outlined in Subsection 21A.52.060.B. 506 A. Adaptive Reuse for Additional Uses in Eligible Buildings: 507 508 1. Purpose: To allow additional land uses in buildings that generally contribute to the 509 character of the city so they can be redeveloped for economically viable uses. These 510 21 LEGISLATIVE buildings may be underutilized or have outlived their original use due to economic 511 conditions, size of the building, a substantial degree of deterioration of the property, 512 or other factors. Eligible buildings may hold historical or cultural significance or 513 contribute to the existing neighborhood fabric through their architectural features, 514 size, or previous use. 515 516 2. Applicability: The incentives in this subsection apply to adaptive reuse of a building 517 that meets the eligibility standards in 21A.52.060.A.3. 518 519 3. Eligibility Standards: 520 a. The following buildings are eligible for the incentives in this subsection: 521 (1) Landmark Sites; 522 (2) Buildings individually listed on the National Register of Historic Places; 523 (3) Buildings designed and formerly used for schools, hospitals, places of 524 worship, or other similar institutional uses; and 525 (4) Buildings that the planning director has deemed significant based on the 526 structure’s association with events that have contributed to broad patterns of 527 history, association with lives of persons important in the city’s past, or 528 displays distinctive characteristics of a type, period, or method of 529 construction. 530 b. Exterior features that are important in defining the overall character of the 531 building shall be retained. 532 c. Exterior alterations to the eligible building shall meet the standards in 533 21A.34.020.G. 534 d. The proposed use is conducive to the preservation of the building. 535 e. A change of use to a residential use is not permitted in the OS (Open Space) 536 zoning district. 537 f. If the eligible building is located in a residential zoning district, and the existing 538 use is residential, a change of use to nonresidential is not permitted. 539 g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate 540 of Appropriateness in accordance with 21A.34.020. 541 4. Incentives: 542 a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use 543 may be allowed as a permitted or conditional use in zoning districts where 544 Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use 545 tables in Chapter 21A.33, subject to the provisions in this subsection and any 546 specific provisions applicable to the use in this title. Any conditional use shall be 547 reviewed pursuant to the procedures and standards outlined in Chapter 21A.54. 548 (1) Prohibited Uses: A change of use to one of the following uses is prohibited: 549 Ambulance services (indoor and outdoor), amusement park, auditorium, bio-550 medical facility, bus line station/terminal, bus line yard and repair facility, car 551 wash, check cashing/payday loan business, community correctional facility 552 (large and small), contractor’s yard/office, drive-through facility associated 553 with any use, equipment rental (indoor and outdoor), gas station, heliport, 554 hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind 555 energy system, laundry and dry cleaning establishments, limousine service 556 22 LEGISLATIVE (large and small), heavy manufacturing, pet cemetery, recycling collection 557 station, sexually oriented business, sign painting/fabrication, storage 558 (outdoor), public storage (outdoor), wireless telecommunications facility, 559 homeless resource centers, and any other uses that are only allowed in the 560 manufacturing districts. 561 b. Parking and Loading: The following are the minimum off-street parking and 562 loading requirements for the eligible building. These minimums may be further 563 reduced with the alternatives to minimum parking calculations in 21A.44.050. 564 (1) Multi-Family: 0.5 off-street parking space per dwelling unit is required; 565 (2) Nonresidential: The minimum number of required off-street parking spaces 566 for the proposed use listed in the general context of the required off-street 567 parking table in 21A.44 may be reduced by 40%; 568 (3) Existing Parking Below the Minimum: If the existing parking for the eligible 569 building does not meet the minimum off-street parking requirements above, 570 no additional parking shall be required; 571 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required. 572 c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements 573 of the zoning district do not apply for the adaptive reuse in all zoning districts. In 574 the RMF-30 zoning district, the minimum lot size per dwelling unit does not 575 apply. 576 577 5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 578 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of 579 which shall be approved by the city attorney. The restrictive covenant shall be 580 recorded on the property with the Salt Lake County Recorder prior to issuance of a 581 building permit for a building using the incentives. The restrictive covenant shall run 582 with the land for the duration of the adaptive reuse and shall provide for the 583 following, without limitation: 584 a. Acknowledge the use of the incentives, the nature of the approval, and any 585 conditions thereof; 586 b. Shall guarantee that the physical elements of the eligible building used to qualify 587 for the incentives shall remain in substantially the same form and exterior features 588 important to the character of the building shall be preserved for the duration of the 589 adaptive reuse or if subject to 21A.34.020, indefinitely unless otherwise permitted 590 by the terms of a certificate of appropriateness; 591 c. The terms of compliance with all applicable regulations and the potential 592 enforcement actions for any violation of the restrictive covenant. 593 594 6. Modifications to Approved Adaptive Reuse: Any modification to the use approved 595 under these incentives requires a new zoning incentives application. Any new 596 adaptive reuse shall also require a new zoning incentives application unless the new 597 use is permitted in the table of permitted and conditional uses for the zoning district. 598 599 7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the 600 property as set forth in 21A.52.060.A.5, shall be investigated and prosecuted pursuant 601 to 21A.20. The city shall have additional remedies or financial penalties for 602 23 LEGISLATIVE violations as identified in the terms of the restrictive covenant required by Subsection 603 21A.52.060.A.5, which shall be reasonably related to enforcement of the 604 requirements and purpose of Subsection 21A.52.060.A. 605 606 B. Preservation of a Principal Building: 607 608 1. Purpose: The incentives set forth in this section are intended to encourage the 609 preservation of buildings, supporting city goals related to sustainability, 610 neighborhoods, economy, and housing. The provisions are designed to support 611 developments that include preserving an eligible building by allowing flexibility with 612 certain zoning regulations while still maintaining the unique urban fabric and 613 character of neighborhoods. 614 615 2. Applicability: The incentives in this subsection apply to projects in all zoning districts 616 that preserve an existing principal building that meets the eligibility standards in 617 21A.52.060.B.3. These incentives may be applied to existing principal buildings and 618 new construction within the same development area. For the purposes of this 619 subsection, the development area may include multiple abutting lots or parcels. 620 621 3. Eligibility Standards: 622 a. Building Age: The existing building to be preserved was built prior to 1976. 623 b. Minimum Footprint of Eligible Building: The footprint of the eligible building to 624 be preserved covers a minimum of 25% of the development area. A lower 625 percentage may be considered by the planning director if the building has frontage 626 on a public street, contains a publicly accessible use such as retail, restaurant, or 627 entertainment, or would be highly visible from public spaces within the interior of 628 the site. 629 c. Retention of All Existing Principal Structures: In the FR-1, FR-2, FR-3, R -630 1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, SR-3, and all RMF zoning 631 districts, all existing principal structures included in the overall development area 632 shall be retained. 633 d. Modifications to Existing Building: A maximum of 25% of each street facing 634 building wall may be removed to accommodate modifications or additions. No 635 more than 50% of the building’s exterior walls may be removed. Portions of a 636 building wall with character defining architectural features shall not be removed. 637 e. Retention of Existing Active Commercial Uses: Eligible buildings with existing 638 active commercial uses with ground level street frontage are subject to the 639 following requirements. For the purpose of this subsection, active commercial 640 uses are those that support the vibrancy and usability of the public realm adjacent 641 to a building and encourage pedestrian activity and walk-in traffic. Active uses 642 may include retail goods/service establishments, restaurants, bars, art and craft 643 studios, or other uses determined to be substantially similar in terms of activation 644 by the planning director. 645 (1) A minimum of 50% of the length shall be retained along the street frontage in 646 the existing building or be included as part of the new development. If 647 included in the new development, the active commercial use shall have the 648 24 LEGISLATIVE primary entrance on the street frontage with direct public access from the 649 street frontage. 650 (2) The existing depth of the active commercial use shall be maintained or a 651 minimum depth of 25 feet, whichever is less. 652 (3) These requirements do not apply to nonconforming active commercial uses 653 with ground level street frontage. 654 655 4. Incentives: 656 a. Planned Development Waived: A planned development is not required for the 657 following: 658 (1) More Than One Principal Building Per Lot: More than one principal building 659 per lot is allowed without having frontage along a public street. 660 (2) Lots without Frontage on a Public Street: Lots do not require frontage on a 661 public street if necessary cross access easements are provided. 662 b. Administrative Planned Development: The following are authorized through an 663 administrative planned development pursuant to the procedures and standards in 664 Chapter 21A.55. The minimum planned development size required by 665 21A.55.060 does not apply: 666 (1) Modification to the minimum yard requirements. 667 (2) Modification to the open space and landscaping requirements when the 668 modification specifically relates to preserving the existing building(s). 669 (3) Modifications to the provisions for awnings and canopies, balconies, patios, 670 and porches in Table 21A.36.020.B, Obstructions in Required Yards. 671 (4) Modifications to the parking location and setback requirements in Table 672 21A.44.060.A. 673 (5) Parking within the boundary of a planned development area but located on a 674 different parcel or lot than the use(s) it is intended to serve, is allowed and is 675 not considered off-site parking. The parking must only serve the uses within 676 the planned development area unless otherwise authorized by other provisions 677 of this title. 678 c. Minimum Lot Area, Width & Coverage: 679 (1) The minimum lot width for the land use found in the minimum lot area and lot 680 width tables of the zoning district does not apply. 681 (2) The minimum lot area for the land use found in the minimum lot area and lot 682 width tables of the zoning district only applies for the following zoning 683 districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000. 684 (3) RMF-30 zoning district: The minimum lot size per dwelling unit does not 685 apply. 686 (4) Lot coverage may be calculated for the overall development area not the 687 individual lot or parcel within the development area. 688 d. Height: Additional building height is authorized in zoning districts as indicated in 689 the following sections through administrative design review. The maximum 690 height per story of the additional building height incentive shall not exceed 12 691 feet. Administrative design review shall be reviewed pursuant to the procedures 692 and standards in Chapter 21A.59. The additional height authorized by this 693 25 LEGISLATIVE subsection shall not be combined with the additional height authorized by 694 Subsection 21A.52.050, Affordable Housing Incentives. 695 696 (1) Residential districts: 697 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 1 additional story equal to or less than the average height of the other stories in the building. RMU 3 additional stories equal to or less than the average height of the other stories in the building. RO 1 additional story equal to or less than the average height of the other stories in the building. 698 (2) Commercial Districts: 699 Zoning District Permitted Maximum Height with Incentive CB 1 additional story equal to or less than the average height of the other stories in the building. CN May build one additional story equal to or less than the average height of the other stories in the building. CC 45’ CG 2 additional stories equal to or less than the average height of the other stories in the building. 3 additional stories equal to or less than the average height of the other stories in the building for properties in the boundary described in 21A.26.070.G. CSHBD1 105’ and 2 additional stories equal to or less than the average height of the other stories in the building. CSHBD2 60’ and 1 additional story equal to or less than the average height of the other stories in the building. TSA-Transition 1 additional story equal to or less than the average height of the other stories in the building. TSA-Core 2 additional stories equal to or less than the average height of the other stories in the building. 700 26 LEGISLATIVE (3) Form-based districts: 701 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-UN1 3 stories and 30’ in height. 702 (4) Downtown districts: 703 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 (5) Other districts: 705 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 acres Building heights in excess of 45’ up to 60’ provided that for each foot of height over 45’, each required yard and landscaped yard shall be increased by 1’. 706 27 LEGISLATIVE 707 e. Administrative design review is permitted for the following: 708 (1) Buildings in the CSHBD1 or CSHBD2 zoning district that exceed 20,000 709 square feet in size. 710 (2) Buildings in the CB zoning district that exceed 7,500 gross square feet of floor 711 area for a first-floor footprint or in excess of 15,000 gross square feet floor 712 area. 713 f. Parking: The following are the minimum off-street parking requirements unless a 714 lesser requirement is listed in the required off-street parking table in 21A.44. 715 These minimums may be further reduced with the alternatives to minimum 716 parking calculations in 21A.44.050. 717 (1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling 718 unit for all other residential uses. 719 (2) Nonresidential: The minimum number of required off-street parking spaces 720 for the proposed use listed in the required off-street parking table in 21A.44 721 may be reduced by 40%. 722 (3) Existing Parking Below the Minimum: If the existing parking for the eligible 723 building does not meet the minimum off-street parking requirements above, 724 no additional parking shall be required. 725 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required. 726 727 g. Minimum Required Yards: The minimum required yards may apply to the 728 perimeter of the development area and not to the individual lot or parcel within 729 the development area. 730 731 5. Design Standards for New Construction: Unless a stricter design standard related to 732 each of the following is included in the base zone or Chapter 21A.37, the following 733 design standards are required for all zones except single and two-family zoning 734 districts: 735 a. Building Materials: Other than windows and doors, 50% of any street facing 736 facade shall be clad in durable materials. Durable materials include stone, brick, 737 masonry, textured or patterned concrete, fiber cement board or other material that 738 includes a minimum manufacturer warranty of 20 years from color fading, 739 weather, and local climate induced degradation of the material. Other materials 740 may be used for the remainder of the facade facing the street. Other materials 741 proposed to satisfy the durable requirement may be approved at the discretion of 742 the planning director if it is found that the proposed material is durable and is 743 appropriate for the proposed location on the building. 744 b. Ground Floor Glass: The surface area of the ground floor of a street facing façade 745 shall contain a minimum percentage of glass as indicated below, calculated 746 between 3 feet and 8 feet above grade. All ground floor glass shall allow 747 unhampered and unobstructed visibility into the building for a depth of at least 5 748 feet, excluding any glass etching and window signs when installed and permitted 749 in accordance with Chapter 21A.46, "Signs", of this title. 750 (1) Nonresidential Uses: 50% ground floor glass 751 (2) Residential Uses: If the ground level of the building is occupied by residential 752 uses that face the street, the minimum glass requirement is 20%. 753 28 LEGISLATIVE c. Upper Floor Glass: The surface area of the façade of each street facing floor 754 above the ground floor must contain a minimum of 20% glass. 755 d. Maximum Length of a Blank Wall: The maximum length of any blank wall 756 uninterrupted by windows or doors at the ground floor level along any street 757 facing façade is 15 feet. Emergency exit doors and doors to access structured 758 parking or utility equipment shall not count as an interruption. 759 e. Maximum Length of Street Facing Facades: 760 (1) The maximum length of each street facing building facade shall not exceed 761 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts. 762 (2) The maximum length of each street facing building façade shall not 763 exceed 175 feet in all other zoning districts. 764 f. Building Entrances: A building entrance that provides direct access to the use 765 with a walkway connected to the public sidewalk is required for each ground floor 766 street facing façade as follows: 767 (1) Single Family Attached: All units abutting a street shall have the primary 768 entrance on the street. 769 (2) Multi-family: At least one building entrance is required for each street facing 770 façade. Additional building entrances shall be required every 75 feet. 771 (3) Unless the base zone of the property has specific entry feature requirements, 772 all required residential building entries shall have an unenclosed entry porch, 773 portico, awning or canopy, or emphasized doorway entry feature as described 774 in 21A.37.050.P. The entry feature may encroach in the front yard setback, 775 but the encroachment shall not be closer than 5 feet from the front property 776 line. 777 (4) Nonresidential Uses: At least one building entrance is required for each street 778 facing façade. Additional building entrances shall be required every 40 feet. 779 g. Garage Doors Facing Street: Garage doors are prohibited on the façade of the 780 building that is parallel to, or located along, a public street. 781 h. Screening of Mechanical Equipment: All mechanical equipment shall be screened 782 from public view and sited to minimize their visibility and impact. Examples of 783 siting include on the roof, enclosed or otherwise integrated into the architectural 784 design of the building, or in a rear or side yard area subject to yard location 785 restrictions found in Section 21A.36.020, Table 21A.36.020B, “Obstructions In 786 Required Yards”. 787 788 6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 789 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of 790 which shall be approved by the city attorney. The restrictive covenant shall be 791 recorded on the property with the Salt Lake County Recorder prior to issuance of a 792 building permit for a building using the incentives. The restrictive covenant shall run 793 with the land and shall provide for the following, without limitation: 794 a. Acknowledge the use of the incentives, the nature of the approval, and any 795 conditions thereof; 796 b. Shall guarantee that the physical elements of the eligible building used to qualify 797 for the incentives shall remain in substantially the same form and exterior features 798 important to the character of the building shall be preserved during the term; 799 c. Projects that apply the incentives to new buildings on the development site shall 800 guarantee retention of the eligible building used to qualify for the incentives for a 801 29 LEGISLATIVE minimum term of 30 years or, if the eligible building is subject to 21A.34.020, 802 indefinitely unless otherwise permitted by the terms of a certificate of 803 appropriateness after such 30 year period; 804 d. The terms of compliance with all applicable regulations and the city’s potential 805 remedies for any violation of the restrictive covenant. 806 807 7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the 808 property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant 809 to 21A.20. The city shall have additional remedies or financial penalties for violations 810 as identified in the terms of the restrictive covenant required by Subsection 811 21A.52.060.B.6, which shall be reasonably related to enforcement of the 812 requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a 813 violation of the covenant may include liquidated damages representing a reasonable 814 estimate of the value of the incentives, plus other associated damages valued up to 815 20% of the tax assessed value of the preserved building over the three preceding 816 years. 817 818 819 SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That 820 Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall 821 be, and hereby is amended to read as follows: 822 823 21A.55.020: AUTHORITY: 824 A. Administrative Review: The planning director may approve, approve with 825 modifications, deny, or refer to the planning commission modifications to specific 826 zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying 827 provisions in 21A.52.060.B in accordance with the standards and procedures set forth in 828 this chapter and other regulations applicable to the district in which the property is 829 located. 830 831 B. Planning Commission Review: The Pplanning Ccommission may approve planned 832 developments for uses listed in the tables of permitted and conditional uses for each 833 category of zoning district or districts. The approval shall be in accordance with the 834 standards and procedures set forth in this chapter and other regulations applicable to the 835 district in which the property is located. 836 In approving a planned development, the Pplanning Ccommission may change, alter, 837 modify or waive the following provisions of this title: 838 1A. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ccity's 839 subdivision regulations as they apply to the proposed planned development except 840 that the Pplanning Ccommission cannot approve a use that is not allowed in the 841 zoning district in which the planned development is located, with the exception of 842 off-site parking as further described in this section. 843 30 LEGISLATIVE 2B. Off-Site Parking: Off-site pParking within the boundary of a planned development 844 area, but located on a different parcel or lot than the use(s) it is intended to serve, is 845 in zoning districts where off-site parking is not an allowed and not considered off-846 site parking use. The parking must only serve the uses be located within the planned 847 development area unless otherwise authorized by other provisions of this title. 848 3C. Building Height: Up to five feet (5') of additional building height, except in the FR, 849 R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be 850 approved through the planned development process. 851 4D. Density: Residential planned developments shall not exceed the density limitation 852 of the zoning district where the planned development is proposed except as allowed 853 below. The calculation of planned development density may include open space that 854 is provided as an amenity to the planned development. Public streets located within 855 or adjacent to a planned development shall not be included in the planned 856 development area for the purpose of calculating density. 857 a1. In the RMF Zzoning Ddistricts and on lots 0.20 acres or more in size, 858 developments that change a nonconforming commercial use to a residential use 859 that is allowed in the zoning district are exempt from the density limitations of 860 the zoning district when approved as a planned development. 861 862 SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That 863 Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning 864 Commission Decision) shall be and hereby is amended to read as follows: 865 866 21A.55.030: PLANNING COMMISSION DECISION: 867 868 A. No Presumption Oof Approval: A request for a planned development does not constitute 869 an assurance or presumption that such planned development will be approved. Rather, 870 each proposed planned development shall be evaluated on an individual basis, in relation 871 to its compliance with the standards and factors set forth in this chapter and with the 872 standards for the zoning district in which it is located, in order to determine whether the 873 planned development is appropriate at a particular location. 874 875 B. Approval: The Pplanning Ccommission or planning director in the case of administrative 876 planned developments, may approve a planned development as proposed or may impose 877 conditions necessary or appropriate for the planned development to comply with the 878 standards and factors set forth in this chapter. 879 880 C. Denial: The Pplanning Ccommission or planning director in the case of administrative 881 planned developments, may deny an application for a planned development if it finds that 882 the proposal does not meet the intent of the base zoning district, does not meet the 883 31 LEGISLATIVE purpose of this chapter, or is not consistent with the standards and factors as set forth in 884 this chapter. 885 886 887 SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That 888 Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures) 889 shall be and hereby is amended to read as follows: 890 891 21A.55.040: PROCEDURES: 892 893 A. Application: An application for a planned development shall be made on an application 894 form prepared by the zoning administrator and accompanied by applicable fees as noted 895 in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible 896 for payment of all mailing fees established for required public noticing. The applicant 897 must file an application for planned development approval with the Planning Director. A 898 complete application shall contain at least the following information submitted by the 899 applicant, unless certain information is determined by the zoning administrator Planning 900 Director to be inapplicable or unnecessary to appropriately evaluate the application. The 901 application submittal shall include one paper copy and one digital copy: 902 903 1. A complete description of the proposed planned development including the zoning 904 regulations being modified in the planned development and the planning objectives 905 being met; 906 2. When the proposed planned development includes provisions for common open space 907 or recreational facilities, a statement describing the provision to be made for the care 908 and maintenance of such open space or recreational facilities; 909 3. A written statement with supporting graphics showing how the proposed planned 910 development is compatible with other property in the neighborhood; 911 4. Plans, as required pursuant to sSection 21A.58.060 of this title, with the exception of 912 the number of copies required; 913 5. Architectural graphics including floor plans, elevations, profiles and cross sections; 914 6. A preliminary subdivision plat, if required; 915 7. Traffic impact analysis, where required by the City Transportation Division; and 916 8. Other information or documentation the zoning administratorPlanning Director may 917 deem necessary for proper review and analysis of a particular application. 918 919 B. Determination Oof Completeness: Upon receipt of an application for a planned 920 development, the zoning administratorPlanning Director shall make a determination of 921 completeness of the application pursuant to sSection 21A.10.010 of this title. 922 923 C. Public Notification and Engagement: 924 925 32 LEGISLATIVE 1. Notice of Application for Administrative Review: Prior to the approval of an 926 application that qualifies for administrative review, the planning director shall 927 provide written notice as provided in Chapter 21A.10.020.B. 928 929 2. Required Notice for Planning Commission Review: 930 a. Applications subject to planning commission review are subject to the notification 931 requirements of Chapter 2.60. 932 b. Any required public hearing is subject to the public hearing notice requirements 933 found in Chapter 21A.10. 934 935 Staff Report: Upon completing a site plan review and receiving recommendations from 936 applicable City department(s)/division(s), a staff report evaluating the planned development 937 application shall be prepared by the Planning Division and forwarded to the applicant and the 938 Planning Commission. 939 940 D. Public Hearing: The Planning Commission shall hold a public hearing to review the 941 planned development application in accordance with the standards and procedures set 942 forth in chapter 21A.10 of this title. 943 944 E. Planning Commission Action: Following the public hearing, the Planning Commission 945 shall decide, on the basis of the standards contained in section 21A.55.050 of this chapter 946 whether to approve, approve with modifications or conditions, or deny the application. 947 948 F. Notification Of Decision: The Planning Director shall notify the applicant of the decision 949 of the Planning Commission in writing, accompanied by one copy of the submitted plans 950 marked to show such decision and a copy of the motion approving, approving with 951 modifications, or denying the development plan application. 952 953 954 SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That 955 Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for 956 Planned Developments) shall be, and hereby is amended, as to the preamble only with 957 Subsections A through G unchanged: 958 959 21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS: 960 961 The Pplanning Ccommission, or the planning director in the case of an administrative planned 962 development, may approve, approve with conditions, or deny a planned development based upon 963 written findings of fact according to each of the following standards. It is the responsibility of the 964 applicant to provide written and graphic evidence demonstrating compliance with the following 965 standards: 966 967 33 LEGISLATIVE 968 SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That 969 Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the 970 Planning Commission Decision) shall be and hereby is amended to read as follows: 971 972 21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION: 973 Any person adversely affected by a final decision of the Pplanning Ccommission or planning 974 director in the case of administrative planned developments, on an application for a planned 975 development may appeal to the Aappeals Hhearing Oofficer in accordance with the provisions 976 of cChapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome 977 of the appeal, except as provided for under sSection 21A.16.030F of this title. 978 979 SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That 980 Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on 981 Approved Planned Development) shall be and hereby is amended to read as follows: 982 983 21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT: 984 No planned development approval shall be valid for a period longer than one year unless a 985 building permit has been issued or complete building plans have been submitted to the Division 986 of Building Services and Licensing. The Pplanning Ccommission or planning director in the case 987 of an administrative planned development, may grant an extension of a planned development for 988 up to one additional year when the applicant is able to demonstrate no change in circumstance 989 that would result in an unmitigated impact. Extension requests must be submitted prior to the 990 expiration of the planned development approval. 991 992 SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That 993 Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of 994 Approval of Planned Development) shall be and hereby is amended to read as follows: 995 996 21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT: 997 34 LEGISLATIVE The approval of a proposed planned development by the Pplanning Ccommission or planning 998 director in the case of an administrative planned development, shall not authorize the 999 establishment or extension of any use nor the development, construction, reconstruction, 1000 alteration or moving of any building or structure, but shall authorize the preparation, filing and 1001 processing of applications for any permits or approvals that may be required by the regulations 1002 of the Ccity, including, but not limited to, a building permit, a certificate of occupancy and 1003 subdivision approval. 1004 1005 SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That 1006 Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications 1007 to Development Plan) shall be and hereby is amended to read as follows: 1008 1009 21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN: 1010 Following planned development approval, the development plan approved by the Pplanning 1011 Ccommission or planning director in the case of an administrative planned development, shall 1012 constitute the site design in relation to building placement and design, landscaping, mobility and 1013 circulation elements, and any elements that were approved as zoning modifications through the 1014 planned development process. Modifications to the development plan may be allowed pursuant 1015 to this section. 1016 A. New Application Required Ffor Modifications Aand Amendments: No substantial 1017 Mmodifications or amendments shall be made in the construction, development or use 1018 without a new application under subject to the provisions of this section.title. Minor 1019 modifications or amendments may be made subject to written approval of the Planning 1020 Director and the date for completion may be extended by the Planning Commission upon 1021 recommendation of the Planning Director. 1022 B. Minor Modifications: The Pplanning Ddirector may authorize minor modifications to the 1023 approved development plan pursuant to the provisions for modifications to an approved 1024 site plan as set forth in chapter 21A.58 of this title when such modifications appear 1025 necessary in light of technical or engineering considerations necessary to comply with an 1026 adopted building, fire, or engineering code or standard or when the modification complies 1027 with the applicable standards in the underlying zoning district or overlay district. Such 1028 minor modifications shall be limited to the following elements: 1029 1. Adjusting the distance as shown on the approved development plan between any 1030 one structure or group of structures, and any other structure or group of structures, 1031 or any vehicular circulation element or any boundary of the site; 1032 2. Adjusting the location of any open space; 1033 35 LEGISLATIVE 3. Adjusting any final grade; 1034 4. Altering the types of landscaping elements and their arrangement within the 1035 required landscaping buffer area; 1036 5. Signs; 1037 6. Relocation or construction of accessory structures that comply with the provisions 1038 of 21A.40 and any applicable accessory structure regulations; or 1039 7. Additions which comply with the lot and bulk requirements of the underlying 1040 zone. 1041 Such minor modifications shall be consistent with the intent and purpose of this title and 1042 the development plan as approved pursuant to this chapter and shall be the minimum 1043 necessary to overcome the particular difficulty comply with the standards of the 1044 underlying zoning district or the applicable building, fire, or engineering code or standard 1045 and shall not be approved if such modifications would result in a violation of any 1046 standard or requirement of this title. A minor modification shall not be approved if the 1047 modification reduces a required building setback, authorizes an increase in lot coverage, 1048 or increases building height. 1049 C. Major Modifications: Any modifications to the approved development plan not 1050 authorized by sSubsection B of this section shall be considered to be a major 1051 modification. The Pplanning Ccommission or planning director in the case of an 1052 administrative planned development, shall give notice to all property owners consistent 1053 with notification requirements located in chapter 21A.10 of this title. The Pplanning 1054 Ccommission or planning director in the case of an administrative planned development, 1055 may approve an application for a major modification to the approved development plan, 1056 not requiring a modification of written conditions of approval or recorded easements, 1057 upon finding that any changes in the plan as approved will be in substantial conformity 1058 with the approved development plan. If the commission or planning director in the case 1059 of an administrative planned development, determines that a major modification is not in 1060 substantial conformity with the approved development plan, then the commission or 1061 planning director in the case of an administrative planned development, shall review the 1062 request in accordance with the procedures set forth in this section. 1063 D. Other Modifications: Any modification to the planned development that complies with 1064 the standards of the underlying zoning district or overlay zoning district is allowed 1065 provided the modification does not violate a condition of approval or other requirement 1066 placed on the planned development as part of the approval of the application and required 1067 permits and approvals are obtained. 1068 1069 36 LEGISLATIVE SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That 1070 Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority: 1071 Administrative Review) shall be, and hereby is amended to read as follows: 1072 A. Administrative Review: The planning director may approve, approve with modifications, 1073 deny or refer to the planning commission modifications to specific design standards when 1074 proposed as new construction, an addition or modification to the exterior of an existing 1075 structure, or a modification to an existing structure as authorized in Section 21A.59.040, 1076 Table 21A.59.040 of this chapter or when authorized in the specific zoning district 1077 elsewhere in this title. 1078 1. The director shall approve a request to modify a design standard if the director 1079 finds that the proposal complies with the purpose of the individual zoning district, 1080 the purpose of the individual design standards that are applicable to the project, 1081 the proposed modification is compatible with the development pattern of other 1082 buildings on the block face or on the block face on the opposite side of the street, 1083 and the project is compliant with the applicable design review objectives 1084 (Section 21A.59.050 of this chapter). 1085 2. The director may approve a request to modify a design standard with conditions 1086 or modifications to the design if the director determines a modification is 1087 necessary to comply with the purpose of the base zoning district, the purpose of 1088 the applicable design standards of the base zoning, to achieve compatibility with 1089 the development pattern of other buildings on the block face or on the block face 1090 on the opposite side of the street, or to achieve the applicable design review 1091 objectives. 1092 3. The director shall deny a request to modify a design standard if the design does 1093 not comply with the purpose of the base zoning district, the purpose of the 1094 applicable design standards or the applicable design review objectives and no 1095 modifications or conditions of approval can be applied that would make the 1096 design comply. 1097 4. The director may forward a request to modify a design standard to the planning 1098 commission if the director finds that the request for modification is greater than 1099 allowed by this chapter, a person receiving notice of the proposed modification 1100 can demonstrate that the request will negatively impact their property, or at the 1101 request of the applicant if the director is required to deny the request as provided 1102 in this section. 1103 1104 37 LEGISLATIVE SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That 1105 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall 1106 be, and hereby is amended to read as follows: 1107 a.Amending the definition of “ADAPTIVE REUSE OF A LANDMARK1108 BUILDING.” That the definition shall be amended to read as follows: 1109 ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF A LANDMARK 1110 BUILDINGS: The process of reusing a building for a purpose other than which it was built or 1111 designed for landmark buildings original use is no longer feasible. Other land uses, in addition to 1112 those specifically listed in the land use tables, may be allowed as a permitted or conditional use 1113 subject to the provisions in Subsection 21A.52.060.A. 1114 1115 b.Amending the definition of “PARKING, OFF SITE.” That the definition of1116 “PARKING, OFF SITE” shall be amended to read as follows: 1117 PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is 1118 located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within 1119 the boundary of a planned development that only serves uses within the planned development 1120 area is not considered off-site parking. 1121 c.Repealing the definition “HOUSE MUSEUM IN A LANDMARK SITE” as1122 follows: 1123 HOUSE MUSEUM IN LANDMARK SITE: A dwelling unit which is converted from its original 1124 principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or 1125 historic purposes. Such museum should include a staff who commands an appropriate body of 1126 special knowledge necessary to convey the historical, aesthetic or architectural attributes of the 1127 building and its collections to the general public. Such staff should also have the ability to reach 1128 museological decisions consonant with the experience of his or her peers and have access to and 1129 acquaintance with the literature of the field. Such museum should maintain either regular hours 1130 or be available for appointed visits such that access is reasonably convenient to the public. 1131 1132 SECTION 15. Effective Date. This Ordinance shall become effective on the date of its 1133 first publication. 1134 38 LEGISLATIVE Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 1135 2024. 1136 1137 ______________________________ 1138 CHAIRPERSON 1139 ATTEST AND COUNTERSIGN: 1140 1141 1142 ______________________________ 1143 CITY RECORDER 1144 1145 Transmitted to Mayor on _______________________. 1146 1147 1148 Mayor’s Action: _______Approved. _______Vetoed. 1149 1150 1151 ______________________________ 1152 MAYOR 1153 ______________________________ 1154 CITY RECORDER 1155 (SEAL) 1156 1157 Bill No. ________ of 2024. 1158 Published: ______________. 1159 Adaptive Reuse Preservation Incentives_Opt2(legislative)v1 1160 1161