Transmittal - 5/2/2024ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
________________________
Jill Love, Chief Administrative Officer
Date Received: 05/02/2024
Date sent to Council: 05/02/2024
______________________________________________________________________________
TO: Salt Lake City Council DATE: 05/02/2024
Victoria Petro, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: Text Amendment - Zoning Incentives for Adaptive Reuse and Preservation of
Buildings
STAFF CONTACT: Amy Thompson, Planning Manager
amy.thompson@slcgov.com or 801-535-7281
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Adopt the Ordinance as recommended by the Planning Commission.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: This is a petition that was initiated by Mayor Erin Mendenhall to
make changes to the zoning ordinance to both encourage and support the adaptive reuse and
preservation of buildings. As the Salt Lake Valley continues to grow, the City’s older neighborhoods
and buildings face increasing pressure for redevelopment, presenting both challenges and
opportunities. This proposal addresses barriers that currently prevent the reuse of existing buildings
and introduces incentives into the zoning ordinance to encourage buildings to be retained rather
than demolished. The proposed amendments would apply citywide.
jill love
To assist in developing the amendments, planning staff conducted research on several cities that
have adopted ordinances that offer incentives for adaptive reuse and preservation of existing
buildings. Key features that were researched include location of the program (certain
neighborhoods, specific zones, etc.), eligibility criteria, goals, and the types of incentives offered.
Additionally, a focus group was created to help staff better understand current challenges and
barriers to utilizing existing buildings. The focus group was largely made up of architects and
developers, some of which have specific experience with these types of projects.
Additionally, staff worked closely with the City’s Sustainability Division and Economic
Development/Business Development on the proposal.
SUMMARY OF PROPOSED AMENDMENTS:
The proposed ordinance changes would be in Chapter 21A.52, Zoning Incentives. The proposal creates
a new section within that chapter, “Building Preservation Incentives”, which is separated into two sub-
sections, “Adaptive Reuse for Additional Uses in Eligible Buildings” (21A.52.060.A), and
“Preservation of a Principal Building” (21A.52.060.B). Each sub-section is discussed in greater detail
below.
Adaptive Reuse for Additional Uses in Eligible Buildings – 21A.52.060.A (“A Incentives”)
The “A Incentives” are primarily a use incentive to allow for flexibility of uses in eligible
buildings, which usually include buildings that hold high artistic, historic, or cultural value, or large
underutilized structures that are part of the neighborhood fabric. The current zoning ordinance for
adaptive reuse of a landmark site allows nonresidential use of a landmark site in a residential zoning
district, subject to meeting standards related to preserving building character and
neighborhood compatibility. The proposed ordinance expands on this current process with the
following changes:
•Broadens eligibility to include buildings that are individually listed on the National Register
of Historic Places, buildings formerly used for churches, schools, or hospitals, and other
culturally or historically significant buildings.
•Allows residential uses in addition to the nonresidential uses already allowed through
this process. Additionally, the proposal would allow for residential uses in eligible buildings
in the Public Lands (PL) and Institutional (I) zones where the only residential use currently
allowed is living quarters for a caretaker or security guard.
•Prohibit certain uses. Impactful uses were identified as prohibited because of their potential
for negative impacts on the surrounding neighborhood and to the eligible building.
•Removes minimum square footage requirement. The current building square footage
minimum of 7,000 square feet is a significant obstacle to qualify for adaptive reuse incentives.
Preservation of a Principal Building – 21A.52.060.B (“B Incentives”)
The “B Incentives” apply to the eligible building being preserved and can also apply to any
new construction on the same development site. In contrast to the “A Incentives,” this incentive is not
a use incentive; these “B Incentives” are zoning modifications to the base zoning requirements
for uses allowed in the zone. Projects that utilize the incentives in this subsection will be required to
adhere to specific design standards for the new construction, retain existing active commercial uses
on site, and enter into a restrictive covenant ensuring the eligible building used to qualify for the
incentives is retained for at least 30 years.
Eligibility: The “B Incentives” apply to new development projects that preserve a building that is
at least 50 years old and covers a minimum of 25% of the development site; a lower percentage may
be considered in certain circumstances.
Summary of “B Incentives”
•Removes the planned development requirement for modifications that are commonly
requested through this process but are generally straightforward such as creating lots without
street frontage and having buildings on the same parcel without all buildings having public
street frontage.
•Includes the addition of an Administrative Planned Development process for
certain zoning modifications to allow for a more streamlined review process for eligible
projects.
•Removes minimum lot area and width requirements for all zones except single family
zoning districts.
•Includes additional building height in various zoning districts through administrative
design review. Currently, there is no height incentive being offered in the single, two-family
and RMF zoning districts.
•Reduces parking for eligible projects.
CONSIDERATIONS FOR CITY COUNCIL
Both the Historic Landmark Commission and Planning Commission held public hearings to
review the proposed text amendment and unanimously forwarded a positive recommendation of
approval to the City Council. Following these recommendations, staff identified the following
for Council consideration.
•“B Incentive” Building Age Eligibility – The draft ordinance presented at the public
hearings includes language that eligible buildings must be a minimum of 50 years old.
Some planning commissioners expressed concerns with a rolling date and the ability for
later period buildings (1980’s/1990’s) to become eligible for the incentives in the near
future – typically, the development pattern of later eras may not be something worth
preserving. Instead of the eligibility language “at least 50 years old,” the council could
consider fixed date language that requires eligible buildings to be built prior to 1976.
•Design Standards for New Construction Utilizing the “B Incentives” – Unless a
stricter design standard is required in the Design Standards chapter for the zoning district
the property is located in, projects utilizing the incentives have to meet specific design
standards outlined in the proposed ordinance. Staff is recommending some additional
changes to the following design standards in the proposal:
o Upper Floor Glass – The draft ordinance reviewed by the planning commission
requires the surface area of the facade of each floor to contain a minimum of 50%
glass, which can be reduced on the ground level for residential uses to 25%. After
looking at this closer, staff is of the opinion that the 50% threshold is too high for
the upper levels of the building. Currently, only the Downtown zones and the
Gateway Mixed Use (GMU) zones have an upper-level glass requirement of 50%
and it is difficult for projects in those zones to meet the existing requirement
without a request for a design review modification. The CG zone requires 25%, the
FB-UN and RMF-30 zones require 15%, and the rest of the zones do not have an
upper floor glass requirement. Staff is recommending reducing the upper floor
glazing requirement to 20% for projects that use the incentives. Zones that have a
higher % requirement in the Design Standards Chapter (21A.37) will still be subject
to the higher standard. Staff is also recommending adding some clarifying language,
so the glass requirements are consistent with the design standards chapter regarding
the location of ground floor glass (between 3-8 FT on the building) and
unobstructed visibility into the space.
o Building Entrances – Added language to the building entrances design standard
to address that entry features (un-enclosed entry porch, portico, awning or
canopy, or emphasized doorway) for required building entrances need to meet the
description in 21A.37.050.P for these entry features.
The above recommendations are reflected in ordinance version 2 if the Council decides they
would like these changes incorporated. If the Council does not want these changes incorporated,
they have been left out of ordinance version 1.
PUBLIC PROCESS:
Open House: On April 17, 2023, a virtual open house page was created on Planning’s website
and published via listserv. The initial information provided an introduction to the proposal to
gather feedback early on in the process, and information was continually updated with revised
draft ordinances and updated information throughout the process.
Initial Outreach: On April 20, 2023, all Salt Lake City recognized organizations, focus group
members, and stakeholders, were sent initial information for the purpose of gathering early
feedback to inform the draft ordinance.
Recognized Organizations: On July 18, 2023, the required 45-day notice and draft ordinance was
sent to all recognized organizations for feedback.
Community Council Meetings: On August 21, 2023, at the request of the chair, staff attended
the Sugar House Land Use Committee meeting to discuss the proposed text amendment and
answer any questions from the community.
Comments Received:
•Comments from Recognized Organizations: The East Liberty Park Community
Organization & and the Sugar House Community Council provided letters in support of
the proposal. The Sugar House Community Council did express concerns with reducing
parking as an incentive.
•Public Comments: Staff received four public comments in support of the proposal.
Historic Landmark Commission Public Hearing: On November 2, 2023, the Historic Landmark
Commission held a public hearing and voted unanimously to forward a positive recommendation
to the City Council. No one spoke during the public hearing.
Planning Commission Public Hearing: On February 28, 2024, the Planning Commission held a
public hearing and voted unanimously to forward a positive recommendation to the City Council.
One person spoke in favor of the proposal at the public hearing.
HISTORIC LANDMARK COMMISSION (HLC) RECORDS (click each item to access):
Briefing - August 3, 2023:
•HLC Agenda
•HLC Briefing Memo
•HLC Minutes
Public Hearing - November 2, 2023:
•HLC Agenda
•HLC Staff Report
•HLC Minutes
•HLC Meeting Video
PLANNING COMMISSION (PC) RECORDS (click each item to access):
Briefing – September 27, 2023
•PC Agenda
•PC Briefing Memo
•PC Minutes
•PC Meeting Video
Public Hearing – February 28, 2024
•PC Agenda
•PC Staff Report
•PC Minutes
•PC Meeting Video
EXHIBITS:
1) Ordinance - Version 2
2) Ordinance – Version 1
3) Project Chronology
4)Notice of City Council Public Hearing
5)Petition Initiation
6) Public Comments Received After Publication of the Staff Report
1.ORDINANCE (VERSION 2)
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Bill No. ________ of 2024. 1158
Published: ______________. 1159
Adaptive Reuse Preservation Incentives_Opt2(legislative)v1 1160
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2.ORDINANCE (VERSION 1)
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
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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 structures33
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 principal36
structures, except for single family and two family dwellings;37
8. Planned development applications that are subject to review by the planning38
commission as provided in Chapter 21A.55; and39
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 an52
administrative design review application as authorized in Chapter 21A.59 of this53
title, or an administrative planned development as authorized by Chapter 21A.5554
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 the56
subject property, and land located directly across the street from the subject57
property. In identifying the owners and tenants of the land the city shall use58
the Salt Lake City geographic information system records.59
(2)Recognized community organization(s) in which the subject property is60
located.61
62
b.Contents of the Notice of Application: The notice shall generally describe the63
subject matter of the application, where the public may review the application, the64
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 identifying68
concerns related to the design review application not complying with the69
requirements of Chapter 21A.59, or the planned development not complying with70
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 of113
craftsmanship that characterize the property shall be preserved. 114
(8)The use does not result in the removal of residential characteristics of the115
structure or site including mature landscaping. 116
(9) The change in use from residential to nonresidential is necessary due to117
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 adverse121
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 three124
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 uses127
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; and135
(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 spaces141
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
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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 foot 184
minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of 185
the existing building footprint or that exceed the height of the existing building shall be 186
subject to design review (chapter 21A.59 of this title) unless the existing building is using 187
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 CN 196
Neighborhood Commercial And CB Community Business Districts: 197
1. Conditional Use Required: Where not otherwise authorized by this title and after 198
conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this 199
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
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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
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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
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
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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
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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
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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
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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
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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. Minimum Building Age: The existing building to be preserved shall be a 623
minimum of 50 years old. 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 Existing Principal Structures: In the FR-1, FR-2, FR-3, R -631
1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, 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 usability 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
(1) 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
24
LEGISLATIVE
included in the new development, the active commercial use shall have the 649
primary entrance on the street frontage with direct public access from the 650
street frontage. 651
(2) The existing depth of the active commercial use shall be maintained or a 652
minimum depth of 25 feet, whichever is less. 653
(3) 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
(1) Modification to the minimum yard requirements. 668
(2) Modification to the open space and landscaping requirements when the 669
modification specifically relates to preserving the existing building(s). 670
(3) 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
(5) 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
(1) 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
(2) 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 following zoning 684
districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000. 685
(3) 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 694
25
LEGISLATIVE
subsection shall not be combined with the additional height authorized by 695
Subsection 21A.52.050, Affordable Housing Incentives. 696
697
(1) Residential districts: 698
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.
699
(2) 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 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.
701
26
LEGISLATIVE
(3) Form-based districts: 702
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.
703
(4) Downtown districts: 704
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.
705
(5) 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
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’.
707
27
LEGISLATIVE
708
e.Administrative design review is permitted for the following:709
(1)Buildings in the CSHBD1 or CSHBD2 zoning district that exceed 20,000710
square feet in size.711
(2)Buildings in the CB zoning district that exceed 7,500 gross square feet of floor712
area for a first-floor footprint or in excess of 15,000 gross square feet floor713
area.714
f.Parking: The following are the minimum off-street parking requirements unless a715
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 minimum717
parking calculations in 21A.44.050.718
(1)Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling719
unit for all other residential uses. 720
(2)Nonresidential: The minimum number of required off-street parking spaces721
for the proposed use listed in the required off-street parking table in 21A.44 722
may be reduced by 40%. 723
(3)Existing Parking Below the Minimum: If the existing parking for the eligible724
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 the729
perimeter of the development area and not to the individual lot or parcel within730
the development area.731
732
5. Design Standards for New Construction: Unless a stricter design standard related to733
each of the following is included in the base zone or Chapter 21A.37, the following734
design standards are required for all zones except single and two-family zoning735
districts:736
a.Building Materials: Other than windows and doors, 50% of any street facing737
facade shall be clad in durable materials. Durable materials include stone, brick,738
masonry, textured or patterned concrete, fiber cement board or other material that739
includes a minimum manufacturer warranty of 20 years from color fading,740
weather, and local climate induced degradation of the material. Other materials741
may be used for the remainder of the facade facing the street. Other materials742
proposed to satisfy the durable requirement may be approved at the discretion of743
the planning director if it is found that the proposed material is durable and is744
appropriate for the proposed location on the building.745
b.Glass: The surface area of the façade of each floor facing a street must contain a746
minimum of 50% glass. If the ground level of the building is occupied by747
residential uses that face the street the specified minimum glass requirement may748
be reduced to 25%.749
c.Maximum Length of a Blank Wall: The maximum length of any blank wall750
uninterrupted by windows or doors at the ground floor level along any street751
facing façade is 15 feet. Emergency exit doors and doors to access structured752
parking or utility equipment shall not count as an interruption.753
28
LEGISLATIVE
d. Maximum Length of Street Facing Facades: 754
(1) The maximum length of each street facing building facade shall not exceed 755
100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts. 756
(2) The maximum length of each street facing building façade shall not 757
exceed 175 feet in all other zoning districts. 758
e. Building Entrances: At least one operable building entrance on the ground floor is 759
required for every street facing facade. Additional operable building entrances 760
shall be required on street facing facades every 40 feet for nonresidential uses and 761
every 75 feet for residential uses. All units adjacent to a public street shall have 762
the primary entrance on the street facing façade of the building with an 763
unenclosed entry porch, canopy or awning feature. 764
f. Garage Doors Facing Street: Garage doors are prohibited on the façade of the 765
building that is parallel to, or located along, a public street. 766
g. Screening of Mechanical Equipment: All mechanical equipment shall be screened 767
from public view and sited to minimize their visibility and impact. Examples of 768
siting include on the roof, enclosed or otherwise integrated into the architectural 769
design of the building, or in a rear or side yard area subject to yard location 770
restrictions found in Section 21A.36.020, Table 21A.36.020B, “Obstructions In 771
Required Yards”. 772
773
6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 774
21A.52.060.B shall enter into a legally binding restrictive covenant, the form of 775
which shall be approved by the city attorney. The restrictive covenant shall be 776
recorded on the property with the Salt Lake County Recorder prior to issuance of a 777
building permit for a building using the incentives. The restrictive covenant shall run 778
with the land and shall provide for the following, without limitation: 779
a. Acknowledge the use of the incentives, the nature of the approval, and any 780
conditions thereof; 781
b. Shall guarantee that the physical elements of the eligible building used to qualify 782
for the incentives shall remain in substantially the same form and exterior features 783
important to the character of the building shall be preserved during the term; 784
c. Projects that apply the incentives to new buildings on the development site shall 785
guarantee retention of the eligible building used to qualify for the incentives for a 786
minimum term of 30 years or, if the eligible building is subject to 21A.34.020, 787
indefinitely unless otherwise permitted by the terms of a certificate of 788
appropriateness after such 30 year period; 789
d. The terms of compliance with all applicable regulations and the city’s potential 790
remedies for any violation of the restrictive covenant. 791
792
7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the 793
property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant 794
to 21A.20. The city shall have additional remedies or financial penalties for violations 795
as identified in the terms of the restrictive covenant required by Subsection 796
21A.52.060.B.6, which shall be reasonably related to enforcement of the 797
requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a 798
violation of the covenant may include liquidated damages representing a reasonable 799
29
LEGISLATIVE
estimate of the value of the incentives, plus other associated damages valued up to 800
20% of the tax assessed value of the preserved building over the three preceding 801
years. 802
803
804
SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That 805
Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall 806
be, and hereby is amended to read as follows: 807
808
21A.55.020: AUTHORITY: 809
A. Administrative Review: The planning director may approve, approve with 810
modifications, deny, or refer to the planning commission modifications to specific 811
zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying 812
provisions in 21A.52.060.B in accordance with the standards and procedures set forth in 813
this chapter and other regulations applicable to the district in which the property is 814
located. 815
816
B. Planning Commission Review: The Pplanning Ccommission may approve planned 817
developments for uses listed in the tables of permitted and conditional uses for each 818
category of zoning district or districts. The approval shall be in accordance with the 819
standards and procedures set forth in this chapter and other regulations applicable to the 820
district in which the property is located. 821
In approving a planned development, the Pplanning Ccommission may change, alter, 822
modify or waive the following provisions of this title: 823
1A. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ccity's 824
subdivision regulations as they apply to the proposed planned development except 825
that the Pplanning Ccommission cannot approve a use that is not allowed in the 826
zoning district in which the planned development is located, with the exception of 827
off-site parking as further described in this section. 828
2B. Off-Site Parking: Off-site pParking within the boundary of a planned development 829
area, but located on a different parcel or lot than the use(s) it is intended to serve, is 830
in zoning districts where off-site parking is not an allowed and not considered off-831
site parking use. The parking must only serve the uses be located within the planned 832
development area unless otherwise authorized by other provisions of this title. 833
3C. Building Height: Up to five feet (5') of additional building height, except in the FR, 834
R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be 835
approved through the planned development process. 836
4D. Density: Residential planned developments shall not exceed the density limitation 837
of the zoning district where the planned development is proposed except as allowed 838
below. The calculation of planned development density may include open space that 839
is provided as an amenity to the planned development. Public streets located within 840
30
LEGISLATIVE
or adjacent to a planned development shall not be included in the planned 841
development area for the purpose of calculating density. 842
a1. In the RMF Zzoning Ddistricts and on lots 0.20 acres or more in size, 843
developments that change a nonconforming commercial use to a residential use 844
that is allowed in the zoning district are exempt from the density limitations of 845
the zoning district when approved as a planned development. 846
847
SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That 848
Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning 849
Commission Decision) shall be and hereby is amended to read as follows: 850
851
21A.55.030: PLANNING COMMISSION DECISION: 852
853
A.No Presumption Oof Approval: A request for a planned development does not constitute854
an assurance or presumption that such planned development will be approved. Rather,855
each proposed planned development shall be evaluated on an individual basis, in relation856
to its compliance with the standards and factors set forth in this chapter and with the857
standards for the zoning district in which it is located, in order to determine whether the858
planned development is appropriate at a particular location.859
860
B.Approval: The Pplanning Ccommission or planning director in the case of administrative861
planned developments, may approve a planned development as proposed or may impose862
conditions necessary or appropriate for the planned development to comply with the863
standards and factors set forth in this chapter.864
865
C.Denial: The Pplanning Ccommission or planning director in the case of administrative866
planned developments, may deny an application for a planned development if it finds that867
the proposal does not meet the intent of the base zoning district, does not meet the868
purpose of this chapter, or is not consistent with the standards and factors as set forth in869
this chapter.870
871
872
SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That 873
Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures) 874
shall be and hereby is amended to read as follows: 875
876
21A.55.040: PROCEDURES: 877
878
31
LEGISLATIVE
A.Application: An application for a planned development shall be made on an application879
form prepared by the zoning administrator and accompanied by applicable fees as noted880
in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible881
for payment of all mailing fees established for required public noticing. The applicant882
must file an application for planned development approval with the Planning Director. A883
complete application shall contain at least the following information submitted by the884
applicant, unless certain information is determined by the zoning administrator Planning885
Director to be inapplicable or unnecessary to appropriately evaluate the application. The886
application submittal shall include one paper copy and one digital copy:887
888
1. A complete description of the proposed planned development including the zoning889
regulations being modified in the planned development and the planning objectives890
being met;891
2. When the proposed planned development includes provisions for common open space892
or recreational facilities, a statement describing the provision to be made for the care893
and maintenance of such open space or recreational facilities;894
3. A written statement with supporting graphics showing how the proposed planned895
development is compatible with other property in the neighborhood;896
4. Plans, as required pursuant to sSection 21A.58.060 of this title, with the exception of897
the number of copies required;898
5. Architectural graphics including floor plans, elevations, profiles and cross sections;899
6.A preliminary subdivision plat, if required;900
7.Traffic impact analysis, where required by the City Transportation Division; and901
8.Other information or documentation the zoning administratorPlanning Director may902
deem necessary for proper review and analysis of a particular application.903
904
B.Determination Oof Completeness: Upon receipt of an application for a planned905
development, the zoning administratorPlanning Director shall make a determination of906
completeness of the application pursuant to sSection 21A.10.010 of this title.907
908
C.Public Notification and Engagement:909
910
1.Notice of Application for Administrative Review: Prior to the approval of an911
application that qualifies for administrative review, the planning director shall912
provide written notice as provided in Chapter 21A.10.020.B.913
914
2. Required Notice for Planning Commission Review:915
a.Applications subject to planning commission review are subject to the notification916
requirements of Chapter 2.60.917
b. Any required public hearing is subject to the public hearing notice requirements918
found in Chapter 21A.10.919
920
Staff Report: Upon completing a site plan review and receiving recommendations from 921
applicable City department(s)/division(s), a staff report evaluating the planned development 922
application shall be prepared by the Planning Division and forwarded to the applicant and the 923
Planning Commission. 924
32
LEGISLATIVE
925
D. Public Hearing: The Planning Commission shall hold a public hearing to review the 926
planned development application in accordance with the standards and procedures set 927
forth in chapter 21A.10 of this title. 928
929
E. Planning Commission Action: Following the public hearing, the Planning Commission 930
shall decide, on the basis of the standards contained in section 21A.55.050 of this chapter 931
whether to approve, approve with modifications or conditions, or deny the application. 932
933
F. Notification Of Decision: The Planning Director shall notify the applicant of the decision 934
of the Planning Commission in writing, accompanied by one copy of the submitted plans 935
marked to show such decision and a copy of the motion approving, approving with 936
modifications, or denying the development plan application. 937
938
939
SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That 940
Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for 941
Planned Developments) shall be, and hereby is amended, as to the preamble only with 942
Subsections A through G unchanged: 943
944
21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS: 945
946
The Pplanning Ccommission, or the planning director in the case of an administrative planned 947
development, may approve, approve with conditions, or deny a planned development based upon 948
written findings of fact according to each of the following standards. It is the responsibility of the 949
applicant to provide written and graphic evidence demonstrating compliance with the following 950
standards: 951
952
953
SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That 954
Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the 955
Planning Commission Decision) shall be and hereby is amended to read as follows: 956
957
21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION: 958
Any person adversely affected by a final decision of the Pplanning Ccommission or planning 959
director in the case of administrative planned developments, on an application for a planned 960
development may appeal to the Aappeals Hhearing Oofficer in accordance with the provisions 961
33
LEGISLATIVE
of cChapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome 962
of the appeal, except as provided for under sSection 21A.16.030F of this title. 963
964
SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That 965
Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on 966
Approved Planned Development) shall be and hereby is amended to read as follows: 967
968
21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT: 969
No planned development approval shall be valid for a period longer than one year unless a 970
building permit has been issued or complete building plans have been submitted to the Division 971
of Building Services and Licensing. The Pplanning Ccommission or planning director in the case 972
of an administrative planned development, may grant an extension of a planned development for 973
up to one additional year when the applicant is able to demonstrate no change in circumstance 974
that would result in an unmitigated impact. Extension requests must be submitted prior to the 975
expiration of the planned development approval. 976
977
SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That 978
Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of 979
Approval of Planned Development) shall be and hereby is amended to read as follows: 980
981
21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT: 982
The approval of a proposed planned development by the Pplanning Ccommission or planning 983
director in the case of an administrative planned development, shall not authorize the 984
establishment or extension of any use nor the development, construction, reconstruction, 985
alteration or moving of any building or structure, but shall authorize the preparation, filing and 986
processing of applications for any permits or approvals that may be required by the regulations 987
of the Ccity, including, but not limited to, a building permit, a certificate of occupancy and 988
subdivision approval. 989
990
SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That 991
Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications 992
to Development Plan) shall be and hereby is amended to read as follows: 993
34
LEGISLATIVE
994
21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN: 995
Following planned development approval, the development plan approved by the Pplanning 996
Ccommission or planning director in the case of an administrative planned development, shall 997
constitute the site design in relation to building placement and design, landscaping, mobility and 998
circulation elements, and any elements that were approved as zoning modifications through the 999
planned development process. Modifications to the development plan may be allowed pursuant 1000
to this section. 1001
A.New Application Required Ffor Modifications Aand Amendments: No substantial1002
Mmodifications or amendments shall be made in the construction, development or use1003
without a new application under subject to the provisions of this section.title. Minor1004
modifications or amendments may be made subject to written approval of the Planning1005
Director and the date for completion may be extended by the Planning Commission upon1006
recommendation of the Planning Director.1007
B.Minor Modifications: The Pplanning Ddirector may authorize minor modifications to the1008
approved development plan pursuant to the provisions for modifications to an approved1009
site plan as set forth in chapter 21A.58 of this title when such modifications appear1010
necessary in light of technical or engineering considerations necessary to comply with an1011
adopted building, fire, or engineering code or standard or when the modification complies1012
with the applicable standards in the underlying zoning district or overlay district. Such1013
minor modifications shall be limited to the following elements: 1014
1. Adjusting the distance as shown on the approved development plan between any1015
one structure or group of structures, and any other structure or group of structures,1016
or any vehicular circulation element or any boundary of the site;1017
2. Adjusting the location of any open space;1018
3. Adjusting any final grade;1019
4.Altering the types of landscaping elements and their arrangement within the1020
required landscaping buffer area;1021
5. Signs;1022
6. Relocation or construction of accessory structures that comply with the provisions1023
of 21A.40 and any applicable accessory structure regulations; or1024
7. Additions which comply with the lot and bulk requirements of the underlying1025
zone.1026
Such minor modifications shall be consistent with the intent and purpose of this title and 1027
the development plan as approved pursuant to this chapter and shall be the minimum 1028
necessary to overcome the particular difficulty comply with the standards of the 1029
underlying zoning district or the applicable building, fire, or engineering code or standard 1030
35
LEGISLATIVE
and shall not be approved if such modifications would result in a violation of any 1031
standard or requirement of this title. A minor modification shall not be approved if the 1032
modification reduces a required building setback, authorizes an increase in lot coverage, 1033
or increases building height. 1034
C. Major Modifications: Any modifications to the approved development plan not 1035
authorized by sSubsection B of this section shall be considered to be a major 1036
modification. The Pplanning Ccommission or planning director in the case of an 1037
administrative planned development, shall give notice to all property owners consistent 1038
with notification requirements located in chapter 21A.10 of this title. The Pplanning 1039
Ccommission or planning director in the case of an administrative planned development, 1040
may approve an application for a major modification to the approved development plan, 1041
not requiring a modification of written conditions of approval or recorded easements, 1042
upon finding that any changes in the plan as approved will be in substantial conformity 1043
with the approved development plan. If the commission or planning director in the case 1044
of an administrative planned development, determines that a major modification is not in 1045
substantial conformity with the approved development plan, then the commission or 1046
planning director in the case of an administrative planned development, shall review the 1047
request in accordance with the procedures set forth in this section. 1048
D. Other Modifications: Any modification to the planned development that complies with 1049
the standards of the underlying zoning district or overlay zoning district is allowed 1050
provided the modification does not violate a condition of approval or other requirement 1051
placed on the planned development as part of the approval of the application and required 1052
permits and approvals are obtained. 1053
1054
SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That 1055
Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority: 1056
Administrative Review) shall be, and hereby is amended to read as follows: 1057
A. Administrative Review: The planning director may approve, approve with modifications, 1058
deny or refer to the planning commission modifications to specific design standards when 1059
proposed as new construction, an addition or modification to the exterior of an existing 1060
structure, or a modification to an existing structure as authorized in Section 21A.59.040, 1061
Table 21A.59.040 of this chapter or when authorized in the specific zoning district 1062
elsewhere in this title. 1063
1. The director shall approve a request to modify a design standard if the director 1064
finds that the proposal complies with the purpose of the individual zoning district, 1065
the purpose of the individual design standards that are applicable to the project, 1066
the proposed modification is compatible with the development pattern of other 1067
buildings on the block face or on the block face on the opposite side of the street, 1068
36
LEGISLATIVE
and the project is compliant with the applicable design review objectives 1069
(Section 21A.59.050 of this chapter). 1070
2. The director may approve a request to modify a design standard with conditions 1071
or modifications to the design if the director determines a modification is 1072
necessary to comply with the purpose of the base zoning district, the purpose of 1073
the applicable design standards of the base zoning, to achieve compatibility with 1074
the development pattern of other buildings on the block face or on the block face 1075
on the opposite side of the street, or to achieve the applicable design review 1076
objectives. 1077
3. The director shall deny a request to modify a design standard if the design does 1078
not comply with the purpose of the base zoning district, the purpose of the 1079
applicable design standards or the applicable design review objectives and no 1080
modifications or conditions of approval can be applied that would make the 1081
design comply. 1082
4. The director may forward a request to modify a design standard to the planning 1083
commission if the director finds that the request for modification is greater than 1084
allowed by this chapter, a person receiving notice of the proposed modification 1085
can demonstrate that the request will negatively impact their property, or at the 1086
request of the applicant if the director is required to deny the request as provided 1087
in this section. 1088
1089
SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That 1090
Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall 1091
be, and hereby is amended to read as follows: 1092
a. Amending the definition of “ADAPTIVE REUSE OF A LANDMARK 1093
BUILDING.” That the definition shall be amended to read as follows: 1094
ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF A LANDMARK 1095
BUILDINGS: The process of reusing a building for a purpose other than which it was built or 1096
designed for landmark buildings original use is no longer feasible. Other land uses, in addition to 1097
those specifically listed in the land use tables, may be allowed as a permitted or conditional use 1098
subject to the provisions in Subsection 21A.52.060.A. 1099
1100
b. Amending the definition of “PARKING, OFF SITE.” That the definition of 1101
“PARKING, OFF SITE” shall be amended to read as follows: 1102
37
LEGISLATIVE
PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is 1103
located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within 1104
the boundary of a planned development that only serves uses within the planned development 1105
area is not considered off-site parking. 1106
c.Repealing the definition “HOUSE MUSEUM IN A LANDMARK SITE” as1107
follows: 1108
HOUSE MUSEUM IN LANDMARK SITE: A dwelling unit which is converted from its original 1109
principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or 1110
historic purposes. Such museum should include a staff who commands an appropriate body of 1111
special knowledge necessary to convey the historical, aesthetic or architectural attributes of the 1112
building and its collections to the general public. Such staff should also have the ability to reach 1113
museological decisions consonant with the experience of his or her peers and have access to and 1114
acquaintance with the literature of the field. Such museum should maintain either regular hours 1115
or be available for appointed visits such that access is reasonably convenient to the public. 1116
1117
SECTION 15. Effective Date. This Ordinance shall become effective on the date of its 1118
first publication. 1119
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 1120
2024. 1121
1122
______________________________ 1123
CHAIRPERSON 1124
ATTEST AND COUNTERSIGN: 1125
1126
1127
______________________________ 1128
CITY RECORDER 1129
1130
Transmitted to Mayor on _______________________. 1131
1132
1133
Mayor’s Action: _______Approved. _______Vetoed. 1134
1135
1136
______________________________ 1137
MAYOR 1138
______________________________ 1139
CITY RECORDER 1140
(SEAL) 1141
1142
38
LEGISLATIVE
Bill No. ________ of 2024. 1143
Published: ______________. 1144
Adaptive Reuse Preservation Incentives_Opt1(legislative)v1 1145
1146
3. CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00155
February 16, 2023 Mayor Mendenhall signed the petition initiation
April 17, 2023 Initial information posted to the city’s online open house webpage
April 20, 2023 Initial information emailed to recognized organizations, focus
group and stakeholders, for the purpose of gathering early
feedback to inform the draft ordinance
July 18, 2023 All recognized organizations were sent the 45-day required notice
for text amendments that included a draft ordinance for review.
Focus group and stakeholders were also provided with updated
information with a draft ordinance for review
August 3, 2023 A briefing was held with the Historic Landmark Commission on
the proposal
August 21, 2023 The proposal was presented to the Sugar House Land Use
Committee.
September 27, 2023 The Planning Commission held a briefing to review the proposal
October 11, 2023 The proposal was presented to the Business Advisory Board
October 19, 2023 Public hearing notice posted to city and state websites and a notice
of the hearing was posted in the following public libraries: Main,
Corinne & Jack Sweet Branch, Marmalade, Fairpark, Glendale and
Sprague.
October 26, 2023 Staff report for Historic Landmark Commission hearing posted to
Planning’s website
November 2, 2023 The Historic Landmark Commission held a public hearing and
forwarded a unanimous positive recommendation to City Council
February 15, 2024 Public hearing notice posted city and state websites and a notice of
the hearing was posted in the following public libraries: Main,
Corinne & Jack Sweet Branch, Marmalade, Fairpark, Glendale and
Sprague.
February 21, 2024 Staff report for Planning Commission hearing posted to Planning’s
website.
February 28, 2024 The Planning Commission held a public hearing and forwarded a
unanimous positive recommendation to City Council
April 3, 2024 Ordinance requested from Attorney’s Office
April 22, 2024 Final ordinance received from the Attorney’s Office
April 23, 2024 Transmitted to CAN Administration
4. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00155 – A petition initiated
by Mayor Erin Mendenhall for a text amendment that would make changes to the zoning
ordinance to support adaptive reuse and preservation of existing buildings. The goal of this
proposed text amendment is to remove zoning barriers that prevent the reuse of buildings and
offer zoning incentives to encourage a building to be reused rather than demolished. The
proposed amendments involve multiple chapters of the Zoning Ordinance and would apply
citywide.
DATE: Date #1 and Date #2
PLACE: Electronic and in-person options.
451 South State Street, Room 326, Salt Lake City, Utah
** This meeting will be held via electronic means, while also providing for an in-person
opportunity to attend or participate in the hearing at the City and County Building, located
at 451 South State Street, Room 326, Salt Lake City, Utah. For more information,
including Zoom connection information, please visit www.slc.gov/council/virtual-meetings.
Comments may also be provided by calling the 24-Hour comment line at (801) 535-7654 or
sending an email to council.comments@slcgov.com. All comments received through any
source are shared with the Council and added to the public record.
If you have any questions related to this proposal, please call Amy Thompson at 801-535-7281
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail
amy.thompson@slcgov.com. The application details can be accessed at
https://citizenportal.slcgov.com/, by selecting the “Planning” tab and entering the
petition number PLNPCM2023-00155.
People with disabilities may make requests for reasonable accommodation no later than 48 hours
in advance in order to participate in this hearing. Please make requests at least two business days
in advance. To make a request, please contact the City Council Office at
council.comments@slcgov.com , 801-535-7600, or relay service 711.
5. PETITION INITIATION
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
MEMORANDUM
To: Mayor Erin Mendenhall
Cc: Lisa Shaffer, Chief Administrative Officer; Blake Thomas, Department of Community and
Neighborhoods Director; Nick Norris, Planning Director
From: Michaela Oktay, Deputy Planning Director
Date: February 10, 2023
Re: Initiate Petition to Amend Text in the Zoning Ordinance to Establish Regulations for the Adaptive
Reuse of Buildings
The Planning Division is requesting that you initiate a petition directing the Planning Division to make
changes to the zoning ordinance to support adaptive reuse of existing buildings. The overall purpose of
these zoning changes is to support and implement existing City plans and policies related to housing,
historic preservation, sustainability and economic development.
Adaptive reuse is both a sustainable practice and a vital a planning tool that aids in meeting the City’s
various goals. The adaptive reuse of an existing structure retains a buildings original form while
bypassing wasteful demolition. This process keeps substantial amounts of materials out of landfills and
reduces energy consumption. Additionally, preserving these buildings which are often times historic or
contain elements of unique architectural detailing, helps maintain neighborhood character and
breathes new life into buildings that contribute to neighborhood fabric. Adaptive reuse allows existing
buildings to serve our community for generations to come while continuing to tell the story of those
who came before us.
As part of this petition the Planning Division will work with Sustainability to find ways to improve the
function and performance of existing buildings to reduce their environmental impact in exchange for
relaxing or modifying zoning regulations that may deter or prohibit the reuse of existing buildings.
The purpose of this zoning text amendment is to:
• Create a mechanism to allow for the adaptive reuse of buildings while maintaining and
protecting the neighborhood’s historic built form and character;
• Identify City codes and policies that effectively serve as barriers to the adaptive reuse of
existing buildings;
• Identify a process for reviewing adaptive reuse projects; and,
• Identify possible incentives for projects that include an adaptive reuse component such
as modifications to setbacks, height, density, parking, lot width and lot coverage.
As part of the process, the Planning Division will follow the City adoption process for zoning text
amendments, which includes citizen input and public hearings with the Historic Landmark
Commission, Planning Commission and City Council. Changes will be made to Title 21A: Zoning
Ordinance but other chapters within the city code may also be changed if identified as necessary.
6. ADDITIONAL PUBLIC
COMMENT RECEIVED
Caution: This is an external email. Please be cautious when clicking links or opening
attachments.
From:Turner Bitton
To:Planning Public Comments
Subject:(EXTERNAL) Comments for Tonight"s Meeting
Date:Wednesday, February 28, 2024 5:02:56 PM
Hello,
I’m writing on behalf of SLC Neighbors for More Neighbors to express our comments on
items on tonight’s agenda. I have written out each of our comments below to correspond with
each agenda item that we would like to submit comments on:
1) Parking Text Amendment: PLNPCM2023-00646
SLC Neighbors for More Neighbors strongly supports this proposal and encourages the
planning commission to approve the proposal. Salt Lake City continues to need more housing,
and the parking amendment is a way of preserving existing housing stock and preventing the
creation of more unnecessary parking. In short, the proposal prioritizes people over parking
and reflects our shared values.
2) Adaptive Reuse Text Amendment: PLNPCM2023-00155
SLC Neighbors for More Neighbors strongly supports the proposed adaptive reuse text
amendments and thanks the planning staff for their comprehensive approach to the issue.
Older buildings contribute to the culture, health, and vitality of neighborhoods. The proposal is
thoughtfully crafted in a way that will provide new housing opportunities and types while also
enhancing Salt Lake City's built environment. We encourage the planning commission to
approve the proposal.
——
Thanks for the opportunity to weigh in and for all of your work.
Thank you,
Turner C. Bitton (he/him)
Executive Director
SLC Neighbors for More Neighbors
(801) 564-3860
www.slcneighbors.org
Signature:
Email:
jill love (May 2, 2024 14:54 MDT)
jill love
jill.love@slcgov.com