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Transmittal - 7/2/2024_______________ ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL Jill Love 05/23/2024 Jill Love (May 23, 2024 16:27 MDT)Date Received: Jill Love, Chief Administrative Officer Date sent to Council: 05/23/2024 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. 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 Preservation of a Principal Building – 21A.52.060.B (“B Incentives”) 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. 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) 1 LEGISLATIVE 1 SALT LAKE CITY ORDINANCE 2 No. of 2024 3 4 (Amending the zoning text of various sections of Title 21A of the Salt Lake City Code 5 pertaining to zoning incentives for adaptive reuse and preservation of buildings) 6 7 An ordinance amending the text of various sections of Title 21A of the Salt Lake City 8 Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to 9 Petition No. PLNPCM2023-00155. 10 WHEREAS, on February 28, 2024, the Salt Lake City Planning Commission (“Planning 11 Commission”) held a public hearing on a petition submitted by Salt Lake City Mayor, Erin 12 Mendenhall to amend the zoning code pertaining to zoning incentives for adaptive reuse and 13 preservation of buildings (Petition No. PLNPCM2023-00155); and 14 WHEREAS, at its February 28, 2024 meeting, the Planning Commission voted in favor 15 of forwarding a positive recommendation to the Salt Lake City Council on said petition; 16 WHEREAS, after a public hearing on this matter the City Council has determined that 17 adopting this ordinance is in the city’s best interests. 18 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 19 20 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.10.015.A. That 21 Subsection 21A.10.015.A of the Salt Lake City Code (Zoning: General Application, Public 22 Engagement, and Public Noticing Procedures: Public Engagement: Land Use Projects Subject to 23 Public Engagement) shall be, and hereby is amended to read as follows: 24 A. Land Use Projects Subject to Public Engagement: The following are considered land use 25 projects for purposes of this chapter and are subject to the public engagement process and 26 requirements herein: 27 28 1. Request for an alley/street closure or vacation; 29 2. Amendments to Title 21A; 30 3. Conditional use applications; 2 LEGISLATIVE 31 4. Design review applications, that are subject to review by the planning commission as 32 provided in Chapter 21A.59; 33 5. Applications to demolish one or more landmark sites or contributing structures 34 located within a local historic district; 35 6. Master plans, including amendments, to be adopted by the city council; 36 7. Requests for certificates of appropriateness required for new construction of principal 37 structures, except for single family and two family dwellings; 38 8. Planned development applications that are subject to review by the planning 39 commission as provided in Chapter 21A.55; and 40 9. Zoning map amendments. 41 42 43 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That 44 Subsection 21A.10.020.B of the Salt Lake City Code (Zoning: General Application, Public 45 Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special 46 Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to 47 read as follows: 48 B. Special Noticing Requirements for Administrative Approvals: 49 50 1. Notice of Application for Design Review and Planned Development: 51 52 a. Notification: At least twelve (12) days before a land use decision is made for an 53 administrative design review application as authorized in Chapter 21A.59 of this 54 title, or an administrative planned development as authorized by Chapter 21A.55 55 of this title, the planning director shall provide written notice to the following: 56 (1) All owners and identifiable tenants of the subject property, land abutting the 57 subject property, and land located directly across the street from the subject 58 property. In identifying the owners and tenants of the land the city shall use 59 the Salt Lake City geographic information system records. 60 (2) Recognized community organization(s) in which the subject property is 61 located. 62 63 b. Contents of the Notice of Application: The notice shall generally describe the 64 subject matter of the application, where the public may review the application, the 65 expected date when the planning director will authorize a final land use decision, 66 and the procedures to appeal the land use decision. 67 68 c. End of Notification Period: If the planning director receives comments identifying 69 concerns related to the design review application not complying with the 70 requirements of Chapter 21A.59, or the planned development not complying with 3 LEGISLATIVE 71 the requirements of Chapter 21A.55, the planning director may refer the matter to 72 the planning commission for their review and decision on the application. 73 74 75 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.S. That 76 Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General 77 Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby 78 is amended to read as follows: 79 80 S. Compliance with Noise Regulations Required: Any construction work in residential zoning 81 districts shall comply with Section 9.28.040, “Noises Prohibited.”Adaptive Reuse Of A 82 Landmark Building In Residential Districts: 83 1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a residential 84 district is to preserve landmark sites as defined in subsection 21A.34.020B of this title. In some 85 instances these sites have outlived their original use due to economic conditions, size of the 86 building, and/or a substantial degree of deterioration of the historic property. Such sites, 87 however, still contribute to the welfare, property and education of the people of Salt Lake City 88 because of their historic, architectural or cultural significance. The Planning Commission shall 89 consider the allowance of a nonresidential use of a landmark site in a residential district 90 according to the qualifying provisions outlined in subsection S2a of this section and pursuant 91 to chapter 21A.54 of this title, in order to ensure that the residential character of the surrounding 92 environment is preserved. 93 2. Conditional Use Required: Where authorized by this title as shown in 94 section 21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of 95 this title, landmark sites in any residential district may be used for certain nonresidential uses. 96 a. Qualifying Provisions: In order to qualify for conditional use review by the 97 Planning Commission under section 21A.54.080, "Standards For Conditional Uses", of 98 this title, the applicant must demonstrate compliance with the following: 99 (1) The building is designated as a landmark site on the Salt Lake City 100 register of cultural resources. The designation process must be completed prior to the 101 City accepting a conditional use application for the structure unless the Planning 102 Director determines that it is in the best interest of the City to process the designation 103 and conditional use applications together. 104 (2) The landmark building shall have a minimum of seven thousand (7,000) 105 square feet of floor area, excluding accessory buildings. 106 (3) The new use will require minimal change as these features are important 107 in defining the overall historic character of the building and environment. 108 (4) The use is conducive to the preservation of the landmark site. 4 LEGISLATIVE 109 (5) Significant archaeological resources affected by the project shall be 110 protected and preserved. If such resources must be disturbed, mitigation measures 111 shall be undertaken. 112 (6) The use is compatible with the surrounding residential neighborhood. 113 (7) Distinctive features, finishes, and construction techniques or examples of 114 craftsmanship that characterize the property shall be preserved. 115 (8) The use does not result in the removal of residential characteristics of the 116 structure or site including mature landscaping. 117 (9) The change in use from residential to nonresidential is necessary due to 118 the excessive size of the landmark site for residential uses allowed in the residential 119 district, and/or demonstration that the building cannot reasonably be used for its 120 original intended use. 121 (10) The proposed use will not have a material net cumulative adverse 122 impact on the neighborhood or the City as a whole by considering the following: 123 (A) The spatial distribution of: 124 (i) Business licenses issued for properties located within three 125 hundred feet (300') of any property line and the block frontage on both sides 126 of the street between 100 series addresses; and 127 (ii) Previously approved conditional uses for nonresidential uses 128 in landmark sites within the same planning community, as shown on a map of 129 planning communities maintained by the Zoning Administrator. 130 (B) Impacts on neighboring properties including, but not limited to: 131 (i) Traffic; 132 (ii) Parking; 133 (iii) Signs; 134 (iv) Lighting; 135 (v) Removal of landscaping; and 136 (vi) For the purposes of evaluating subsections S2a(10)(B)(i) 137 through S2a(10)(B)(v) of this section, professionally prepared impact studies 138 shall not be required unless specifically requested by the Zoning 139 Administrator; 140 (vii) Noise, fumes or odors; 141 b. Credit For On Street Parking: Some or all of the off street parking spaces 142 required in section 21A.44.030 of this title may be met by the provision of on street 143 spaces. Such credit shall require the site plan review approval. Requests for on street 144 parking shall meet the following requirements: 5 LEGISLATIVE 145 (1) All on street parking facilities shall be designed in conformance with the 146 standards established by the City Transportation Engineer; 147 (2) Prior to approving any requests for on street parking, the development 148 review team shall determine that the proposed on street parking will not materially 149 adversely impact traffic movements and related public street functions; and 150 (3) Credit for on street parking shall be limited to the number of spaces 151 provided along the street frontage adjacent to the use. 152 153 SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That 154 Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General 155 Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its 156 entirety as follows: 157 158 W. Compliance With Noise Regulations Required: Any construction work in residential 159 zoning districts shall comply with section 9.28.040, "Noises Prohibited", of this Code. 160 161 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6. 162 That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF- 163 35 Moderate Density Multi-Family Residential District: Minimum Yard Requirements: Existing 164 Yards) shall be, and hereby is amended to read as follows: 165 6. Existing Yards: For buildings legally existing on April 12, 1995, the required yard 166 shall be no greater than the established setback line of the existing building unless the 167 proposed yard encroachment is to accommodate additional units. New principal 168 buildings must conform to current yard area requirements, unless the new principal 169 two-family dwelling or twin home has legal conforming status as outlined in 170 section 21A.38.070 of this title. 171 172 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.160.D. That 173 Subsection 21A.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB 174 Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is 6 LEGISLATIVE 175 amended only to eliminate the Land Use “A single dwelling unit located above first floor retail 176 or office uses” from the table in said subsection, with no other changes to the table: 177 178 179 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That 180 Subsection 21A.24.180.I of the Salt Lake City Code (Zoning: Residential Districts: RO 181 Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand 182 Square Feet) shall be, and hereby is amended to read as follows: 183 I. Offices iIn Existing Buildings oOn Lots Less Than Twenty Thousand Square Feet: 184 Offices occupying existing buildings are permitted on a five thousand (5,000) square foot 185 minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of 186 the existing building footprint or that exceed the height of the existing building shall be 187 subject to design review (chapter 21A.59 of this title) unless the existing building is using 188 the incentives in 21A.52.060. 189 190 SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That 191 Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General 192 Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the 193 CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is 194 repealed in its entirety as follows: 195 196 K. Bed And Breakfast Establishments And Reception Centers In Landmark Sites In The CN 197 Neighborhood Commercial And CB Community Business Districts: 198 1. Conditional Use Required: Where not otherwise authorized by this title and after 199 conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this 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 7 LEGISLATIVE 200 title, landmark sites in a CN or CB District may be used for a bed and breakfast 201 establishment or reception center subject to the following standards: 202 a. Standards: In addition to the standards for conditional uses, section 21A.54.080 of 203 this title, the Planning Commission shall find the following: 204 (1) The structure is designated as a landmark site on the Salt Lake City Register of 205 Cultural Resources. The designation process must be completed prior to the City 206 accepting a conditional use application for the structure unless the Planning 207 Director determines that it is in the best interest of the City to process the 208 designation and conditional use applications at the same time because of the risk 209 of probable demolition; 210 (2) The use is conducive to the preservation of the landmark site; 211 (3) The use is compatible with the surrounding residential neighborhood; and 212 (4) The use does not result in the removal of residential characteristics of the 213 structure (if the structure is a residential structure), including mature landscaping. 214 b. Condition Of Approval: A preservation easement in favor of the City shall be placed 215 upon the landmark site. 216 217 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 218 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 219 Conditional Uses for Residential Districts) shall be amended only as to the use categories “Adaptive 220 reuse of a landmark site”, “Dwelling, multi-family” and “Mixed use development” and to repeal 221 only the use category “Temporary use of closed schools and churches”, with no other changes to the 222 table, which aforementioned use categories shall read and appear in that table as follows: 8 223 Permitted And Conditional Uses By DistrictUse 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 LEGISLATIVE 9 LEGISLATIVE 225 226 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the 227 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Residential 228 Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 229 Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to 230 notes “1”, “6”, “8” and “19” which shall appear in numerical order with the other notes and read as 231 follows: 232 1. Reserved. A single apartment unit may be located above first floor retail/office. 233 234 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 235 percent of the building's footprint. Building additions greater than 50 percent of the 236 building's footprint or new office building construction are subject to a design review 237 unless the building qualifies for the incentives in 21A.52.060. 238 239 8. Subject to conformance with the provisions of sSubsection 21A.52.060.A 21A.24.010S 240 of this title. 241 242 19. Reserved. Subject to section 21A.36.170 of this title. 243 244 245 246 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 247 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 248 Conditional Uses for Commercial Districts) shall be amended only as to the use category “Bed and 249 breakfast” and to repeal only the use categories “Adaptive reuse of a landmark site”, “House 250 museum in landmark sites” and “Offices and reception centers in landmark sites”, with no other 251 changes to the table, which aforementioned use categories shall read and appear in that table as 252 follows: 253 254 255 Use 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 257 258 259 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.030. That the 260 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Commercial 261 Districts of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 262 Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only as to 263 note “3” which shall appear in numerical order with the other notes and read as follows: 264 3. Reserved. When located in a building listed on the Salt Lake City register of cultural 265 resources (see subsections 21A.26.010S and 21A.26.010K of this title). 266 267 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 268 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 269 Conditional Uses for Transit Station Area Districts) is amended only to repeal the use categories 270 “Adaptive reuse of a landmark site”, “House museum in landmark sites” and “Offices and reception 271 centers in landmark sites”, in the Table of Permitted and Conditional Uses for Transit Station Area 272 Districts, with no other changes to the table, as follows: 11 LEGISLATIVE 273 Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Use 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 274 275 276 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section 277 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 278 Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category 279 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for 280 Manufacturing Districts, with no other changes to the table, as follows: Permitted and Conditional Uses by DistrictUse M-1 M-2 Adaptive reuse of a landmark site C C7 281 12 LEGISLATIVE 282 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the 283 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Manufacturing 284 Districts of Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 285 Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as 286 to note “7” which shall appear in numerical order with the other notes and read as follows: 287 7. Reserved. Building additions on lots less than 20,000 square feet for office uses may not 288 exceed 50 percent of the building's footprint. Building additions greater than 50 percent 289 of the building's footprint or new office building construction are subject to a design 290 review. 291 292 SECTION 16. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 293 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 294 Conditional Uses for Downtown Districts) shall be amended only to repeal the use category 295 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for Downtown 296 Districts, with no other changes to the table, as follows: Permitted and Conditional Uses by DistrictUse D-1 D-2 D-3 D-4 Adaptive reuse of a landmark site P P P P4 298 299 SECTION 17. Amending the text of Salt Lake City Code Section 21A.33.050. That the 300 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Downtown 301 Districts of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 302 Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only as to 303 note “4” which shall appear in numerical order with the other notes and read as follows: 304 4. Reserved. Building additions on lots less than 20,000 square feet for office uses may not 305 exceed 50 percent of the building's footprint. Building additions greater than 50 percent 13 LEGISLATIVE 306 of the building's footprint or new office building construction are subject to a design 307 review (chapter 21A.59 of this title). 308 309 SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 310 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 311 Conditional Uses in the Gateway District) shall be amended only to repeal the use category 312 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses in the Gateway 313 District, with no other changes to the table, as follows: Use G-MU Adaptive reuse of a landmark site P 314 315 SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 316 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 317 Conditional Uses for Special Purpose Districts) shall be amended only for the use categories 318 “Adaptive reuse of a landmark site” and “Dwelling: Multi-family”, in the Table of Permitted and 319 Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows: 14 320 Permitted and Conditional Uses by DistrictUse 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 LEGISLATIVE 15 LEGISLATIVE 322 323 SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the 324 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Special Purpose 325 Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 326 Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only 327 as to note “2” which shall appear in numerical order with the other notes and read as follows: 328 2. Subject to conformance with the provisions of Subsection 21A.52.060.A. When located 329 in a building listed on the Salt Lake City Register of Cultural Resources. 330 331 SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 332 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 333 Conditional Uses in Form Based Districts) shall be amended only as to the use categories “Adaptive 334 reuse of a landmark site”, “Dwelling: Multi-family”, and “Reception center” and to repeal only the 335 use categories “House museum in a landmark”, and “Office and/or reception center in a landmark 336 site”, in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes 337 to the table, as follows: Permitted and Conditional Uses by DistrictUse FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE Adaptive reuse for additional uses in eligible of a landmark buildings C9 P Dwelling: Multi-family P9 P P P P House museum in landmark site P P P P P Office and/or Reception center in a landmark site P P P P Reception center P P P P 338 339 16 LEGISLATIVE 340 SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the 341 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses in Form Based 342 Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 343 Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note 344 “9”, which shall appear in numerical order with the other notes and read as follows: 345 9. Subject to conformance with the provisions of Subsection 21A.52.060.A. 346 347 SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section 348 21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School 349 Buildings) is hereby repealed in its entirety as follows: 350 21A.36.170: RESERVEDUSE OF CHURCH AND SCHOOL BUILDINGS: 351 A. Change Of Use: In the PL, PL-2, I, UI or any residential district, a change of use of 352 any church or school to a use that is allowed as a permitted use or conditional use in the zoning 353 district may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this 354 title. 355 B. Temporary Use Of Closed Schools And Churches; Authorized As Conditional Use: The 356 temporary use of closed schools and churches may be allowed as a conditional use pursuant to 357 the provisions of chapter 21A.54 of this title, in the zoning districts indicated in the land use 358 tables of this title, provided that: 359 1. Use: The temporary use is for office space or educational purposes for public or private 360 charities. 361 2. Application: The application for a temporary use of a closed school or church shall 362 include, in addition to the application submission requirements of chapter 21A.54 of this title, the 363 following information: 364 a. Building Plans: As part of the application, the applicant shall provide a site plan drawn 365 to scale showing existing structures, auxiliary buildings, existing 366 parking and landscaping, and any proposed changes to the site. In converting the existing facility 367 to the proposed conditional use, no major exterior or interior alterations of the building shall be 368 made which render the building incompatible with a return to its use as a school or church; and 369 b. Use Plan: A proposed use plan including: 17 LEGISLATIVE 370 (1) Hours and days of operation, 371 (2) Evidence of noise, odor or vibration emissions, 372 (3) Evidence of the number of classes, including hours taught, days taught, and the 373 expected class size, 374 (4) Average number of clients per day and the frequency of turnover of the clients, and 375 (5) Number of employees, staff or volunteers, both total and expected to be on the 376 premises at any given time. 377 3. Prohibition: No provision of this section shall be construed to allow any use in a 378 closed school or church for retail, residential or industrial purposes, or any use involving any 379 type of correctional or institutional facility. 380 4. Ownership: The School Board or church shall remain the owner of the property during 381 the period of time for which the conditional use is granted and any change of ownership away 382 from the School Board or church shall immediately cause the conditional use to terminate. 383 5. Automatic Termination Of Use: If the School Board or church group determines that no 384 future public or religious use will be made of the building as a public school or church, the 385 conditional use as granted under this section shall immediately cease and the property shall 386 thereafter be used only for uses permitted in the zoning district. 387 6. Temporary Use: The conditional use provided by this section shall be temporary only. 388 The time of such use shall be subject to the decision of the Planning Commission based on its 389 consideration of the criteria specified in subsection B7 of this section. The Planning Commission 390 may authorize the conditional use for a period not to exceed five (5) years, which may be 391 renewed for additional periods not in excess of five (5) years. 392 7. Termination For Excess Use: If the Planning Commission determines that the conditional 393 use is being used substantially in excess of the plan for use submitted pursuant to subsection B2b 394 of this section, the Planning Commission may, after an informal hearing, revoke the conditional 395 use if it determines that the excess use is having a negative impact on the neighborhood. 396 397 SECTION 24. Amending the text of Subsection 21A.44.060.A.1 That Subsection 398 21A.44.060.A.1 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading: 399 Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building 400 Served), shall be and hereby is amended to read as follows: 401 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required 402 to serve buildings or uses erected or established after the effective date of this 403 ordinance shall be located on the same lot or parcel as the building or use served, 18 LEGISLATIVE 404 unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, "Off-Site Parking 405 Permitted", or 21A.55.020, “Planned Developments – Authority”. 406 407 SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That 408 Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall 409 be, and hereby is amended to read as follows: 410 411 21A.52.020 APPLICABILITY: 412 A. This chapter applies as indicated within each subsection. 413 B. The planned development process in Chapter 21A.55 is not required as indicated within 414 this chapter. 415 C. The administrative planned development process in Chapter 21A.55, and the 416 administrative design review process in Chapter 21A.59 may be applicable as indicated 417 within this chapter. 418 419 SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That 420 Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base 421 Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as 422 follows: 423 424 21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY 425 ZONING DISTRICTS: 426 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district 427 standards and requirements take precedence except as indicated in this section. 428 429 SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That 430 Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process) 431 shall be, and hereby is amended to read as follows: 432 433 21A.52.040: APPROVAL PROCESS: 19 LEGISLATIVE 434 Unless specifically exempted or modified by this chapter, all requirements of this title shall 435 apply. 436 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a 437 zoning incentives application and provide the following information: 438 1. The applicant's name, address, telephone number and interest in the property to which 439 the incentives shall apply; 440 2. The owner's name, address and telephone number, if different than the applicant, and 441 the owner's signed consent to the filing of the application; 442 3. The street address, tax parcel number and legal description of the subject property; 443 4. The zoning classification, zoning district boundaries and present use of the subject 444 property; 445 5. The location of all existing and proposed buildings and structures, accessory and 446 principal, showing the number of stories and height, dwelling type, if applicable, 447 major elevations and the total square footage of the floor area by proposed use and 448 any additional information required for site plan review set forth in Chapter 21A.58; 449 6. The total number of dwelling units in the project, the number of affordable units, the 450 number of bedrooms in the affordable units, the location of the affordable units, and 451 level of affordability; and 452 7. Any additional information required by Chapter 21A.59 design review or 21A.55 453 planned development, to demonstrate compliance with the requirements of this 454 chapter, as applicable; and 455 8. Any additional information the zoning administrator deems necessary to demonstrate 456 compliance with this chapter. 457 B. Preliminary approval shall authorize the preparation, filing and processing of applications 458 for any permits or approval that may be required by the city, including, but not limited to, 459 a building permit. Notwithstanding the foregoing, no permits shall be issued until final 460 approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a 461 period of one year unless complete building plans have been submitted to the Division of 462 Building Services. 463 C. Administrative design review and administrative planned development, where applicable, 464 shall be exempt from the application fees and noticing fees otherwise required pursuant 465 to Chapters 21A.59 and 21A.55. 466 D. Following the approval of any administrative design review or planned development 467 application, any future alteration to the property, building or site shall comply with the 468 approved design review application unless a modification is approved subject to the 469 process outlined in Chapters 21A.59 and 21A.55, as applicable. 470 E. Final approval shall occur following the recording of the restrictive covenant. 471 F. Preliminary and final approvals shall be administrative approvals by the planning director 472 or the planning director's designee. 473 474 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That 475 Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable 476 Housing Incentives: Purpose) shall be and hereby is amended to read as follows: 20 LEGISLATIVE 477 478 21A.52.050 AFFORDABLE HOUSING INCENTIVES: 479 A. Purpose: The incentives set forth in this section chapter are intended to encourage the 480 development of affordable housing. The provisions within this section are intended to 481 facilitate the construction of affordable housing by allowing more inclusive development 482 than would otherwise be permitted in the base zoning districts. Housing constructed using 483 the incentives is intended to be compatible in form with the neighborhood and provide for 484 safe and comfortable places to live and play. 485 486 SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3. 487 That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives: 488 Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows: 489 490 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General 491 Commercial, and I Institutional Zoning Districts: 492 a. The following housing types: row houses, sideways row houses, and cottage 493 developments are authorized provided the affordability requirements in 494 subsection b. are complied with;. 495 b. The minimum open space requirements in the I Institutional zoning district do 496 not apply. 497 c. To be eligible for the incentives listed in this subsection 3a., a development shall 498 meet the affordability requirements for Type C in Table 21A.52.050.G. 499 500 SECTION 30. Amending the text of Salt Lake City Code Chapter 21A.52. That Chapter 501 21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended 502 to add a new Section 21A.52.060, with no other revisions to the chapter, to read as follows: 503 21A.52.060: BUILDING PRESERVATION INCENTIVES: 504 The provisions in this section provide optional incentives to development projects that include 505 the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may 506 be combined with the incentives outlined in Subsection 21A.52.060.B. 507 A. Adaptive Reuse for Additional Uses in Eligible Buildings: 508 509 1. Purpose: To allow additional land uses in buildings that generally contribute to the 510 character of the city so they can be redeveloped for economically viable uses. These 21 LEGISLATIVE 511 buildings may be underutilized or have outlived their original use due to economic 512 conditions, size of the building, a substantial degree of deterioration of the property, 513 or other factors. Eligible buildings may hold historical or cultural significance or 514 contribute to the existing neighborhood fabric through their architectural features, 515 size, or previous use. 516 517 2. Applicability: The incentives in this subsection apply to adaptive reuse of a building 518 that meets the eligibility standards in 21A.52.060.A.3. 519 520 3. Eligibility Standards: 521 a. The following buildings are eligible for the incentives in this subsection: 522 (1) Landmark Sites; 523 (2) Buildings individually listed on the National Register of Historic Places; 524 (3) Buildings designed and formerly used for schools, hospitals, places of 525 worship, or other similar institutional uses; and 526 (4) Buildings that the planning director has deemed significant based on the 527 structure’s association with events that have contributed to broad patterns of 528 history, association with lives of persons important in the city’s past, or 529 displays distinctive characteristics of a type, period, or method of 530 construction. 531 b. Exterior features that are important in defining the overall character of the 532 building shall be retained. 533 c. Exterior alterations to the eligible building shall meet the standards in 534 21A.34.020.G. 535 d. The proposed use is conducive to the preservation of the building. 536 e. A change of use to a residential use is not permitted in the OS (Open Space) 537 zoning district. 538 f.If the eligible building is located in a residential zoning district, and the existing 539 use is residential, a change of use to nonresidential is not permitted. 540 g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate 541 of Appropriateness in accordance with 21A.34.020. 542 4. Incentives: 543 a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use 544 may be allowed as a permitted or conditional use in zoning districts where 545 Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use 546 tables in Chapter 21A.33, subject to the provisions in this subsection and any 547 specific provisions applicable to the use in this title. Any conditional use shall be 548 reviewed pursuant to the procedures and standards outlined in Chapter 21A.54. 549 (1) Prohibited Uses: A change of use to one of the following uses is prohibited: 550 Ambulance services (indoor and outdoor), amusement park, auditorium, bio- 551 medical facility, bus line station/terminal, bus line yard and repair facility, car 552 wash, check cashing/payday loan business, community correctional facility 553 (large and small), contractor’s yard/office, drive-through facility associated 554 with any use, equipment rental (indoor and outdoor), gas station, heliport, 555 hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind 556 energy system, laundry and dry cleaning establishments, limousine service 22 LEGISLATIVE 557 (large and small), heavy manufacturing, pet cemetery, recycling collection 558 station, sexually oriented business, sign painting/fabrication, storage 559 (outdoor), public storage (outdoor), wireless telecommunications facility, 560 homeless resource centers, and any other uses that are only allowed in the 561 manufacturing districts. 562 b. Parking and Loading: The following are the minimum off-street parking and 563 loading requirements for the eligible building. These minimums may be further 564 reduced with the alternatives to minimum parking calculations in 21A.44.050. 565 (1) Multi-Family: 0.5 off-street parking space per dwelling unit is required; 566 (2) Nonresidential: The minimum number of required off-street parking spaces 567 for the proposed use listed in the general context of the required off-street 568 parking table in 21A.44 may be reduced by 40%; 569 (3) Existing Parking Below the Minimum: If the existing parking for the eligible 570 building does not meet the minimum off-street parking requirements above, 571 no additional parking shall be required; 572 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required. 573 c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements 574 of the zoning district do not apply for the adaptive reuse in all zoning districts. In 575 the RMF-30 zoning district, the minimum lot size per dwelling unit does not 576 apply. 577 578 5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 579 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of 580 which shall be approved by the city attorney. The restrictive covenant shall be 581 recorded on the property with the Salt Lake County Recorder prior to issuance of a 582 building permit for a building using the incentives. The restrictive covenant shall run 583 with the land for the duration of the adaptive reuse and shall provide for the 584 following, without limitation: 585 a. Acknowledge the use of the incentives, the nature of the approval, and any 586 conditions thereof; 587 b. Shall guarantee that the physical elements of the eligible building used to qualify 588 for the incentives shall remain in substantially the same form and exterior features 589 important to the character of the building shall be preserved for the duration of the 590 adaptive reuse or if subject to 21A.34.020, indefinitely unless otherwise permitted 591 by the terms of a certificate of appropriateness; 592 c. The terms of compliance with all applicable regulations and the potential 593 enforcement actions for any violation of the restrictive covenant. 594 595 6. Modifications to Approved Adaptive Reuse: Any modification to the use approved 596 under these incentives requires a new zoning incentives application. Any new 597 adaptive reuse shall also require a new zoning incentives application unless the new 598 use is permitted in the table of permitted and conditional uses for the zoning district. 599 600 7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the 601 property as set forth in 21A.52.060.A.5, shall be investigated and prosecuted pursuant 602 to 21A.20. The city shall have additional remedies or financial penalties for 23 LEGISLATIVE 603 violations as identified in the terms of the restrictive covenant required by Subsection 604 21A.52.060.A.5, which shall be reasonably related to enforcement of the 605 requirements and purpose of Subsection 21A.52.060.A. 606 607 B. Preservation of a Principal Building: 608 609 1. Purpose: The incentives set forth in this section are intended to encourage the 610 preservation of buildings, supporting city goals related to sustainability, 611 neighborhoods, economy, and housing. The provisions are designed to support 612 developments that include preserving an eligible building by allowing flexibility with 613 certain zoning regulations while still maintaining the unique urban fabric and 614 character of neighborhoods. 615 616 2. Applicability: The incentives in this subsection apply to projects in all zoning districts 617 that preserve an existing principal building that meets the eligibility standards in 618 21A.52.060.B.3. These incentives may be applied to existing principal buildings and 619 new construction within the same development area. For the purposes of this 620 subsection, the development area may include multiple abutting lots or parcels. 621 622 3. Eligibility Standards: 623 a. Building Age: The existing building to be preserved was built prior to 1976. 624 b. Minimum Footprint of Eligible Building: The footprint of the eligible building to 625 be preserved covers a minimum of 25% of the development area. A lower 626 percentage may be considered by the planning director if the building has frontage 627 on a public street, contains a publicly accessible use such as retail, restaurant, or 628 entertainment, or would be highly visible from public spaces within the interior of 629 the site. 630 c. Retention of All 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 included in the new development, the active commercial use shall have the 24 LEGISLATIVE 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 25 LEGISLATIVE 694 subsection shall not be combined with the additional height authorized by 695 Subsection 21A.52.050, Affordable Housing Incentives. 696 697 (1) Residential districts: Zoning District Permitted Maximum Height with Incentive RMU-35 45’, regardless of abutting use or zone. RMU-45 55’, regardless of abutting use or zone. RB 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. 698 699 (2) Commercial Districts: Zoning District Permitted Maximum Height with Incentive CB 1 additional story equal to or less than the average height of the other stories in the building. CN May build one additional story equal to or less than the average height of the other stories in the building. CC 45’ CG 2 additional stories equal to or less than the average height of the other stories in the building. 3 additional stories equal to or less than the average height of the other stories in the building for properties in the boundary described in 21A.26.070.G. 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 701 (3) Form-based districts: Zoning District Permitted Maximum Height with Incentive MU-8 90’ and 2 additional stories equal to or less than the average height of the other stories in the building. FB-MU11 125’ and 3 additional stories equal to or less than the average height of the other stories in the building. FB-UN2 1 additional story equal to the average height of the other stories in the building. FB-SC 1 additional story equal to the average height of the other stories in the building. FB-SE 1 additional story equal to the average height of the other stories in the building. FB-UN1 3 stories and 30’ in height. 702 703 (4) Downtown districts: Zoning District Permitted Maximum Height with Incentive D-2 120’ and 2 additional stories equal to or less than the average height of the other stories in the building. D-3 180’ and 3 additional stories equal to or less than the average height of the other stories in the building. 704 705 (5) Other districts: Zoning District Permitted Maximum Height with Incentive GMU 180’ and 2 additional stories equal to or less than the average height of the other stories in the building. MU 60’ provided that the additional height is for residential uses only. I Building heights in excess of 35' but not more than 75' provided, that for each foot of height over 35', each required yard shall be increased 1'. UI Building heights in excess of 75' but not more 120' provided that the additional height is supported by the master plan and compatible with the adjacent neighborhood. OS – Lots greater than 4 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 707 708 e. Administrative design review is permitted for the following: 709 (1) Buildings in the CSHBD1 or CSHBD2 zoning district that exceed 20,000 710 square feet in size. 711 (2) Buildings in the CB zoning district that exceed 7,500 gross square feet of floor 712 area for a first-floor footprint or in excess of 15,000 gross square feet floor 713 area. 714 f. Parking: The following are the minimum off-street parking requirements unless a 715 lesser requirement is listed in the required off-street parking table in 21A.44. 716 These minimums may be further reduced with the alternatives to minimum 717 parking calculations in 21A.44.050. 718 (1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling 719 unit for all other residential uses. 720 (2) Nonresidential: The minimum number of required off-street parking spaces 721 for the proposed use listed in the required off-street parking table in 21A.44 722 may be reduced by 40%. 723 (3) Existing Parking Below the Minimum: If the existing parking for the eligible 724 building does not meet the minimum off-street parking requirements above, 725 no additional parking shall be required. 726 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required. 727 728 g. Minimum Required Yards: The minimum required yards may apply to the 729 perimeter of the development area and not to the individual lot or parcel within 730 the development area. 731 732 5. Design Standards for New Construction: Unless a stricter design standard related to 733 each of the following is included in the base zone or Chapter 21A.37, the following 734 design standards are required for all zones except single and two-family zoning 735 districts: 736 a. Building Materials: Other than windows and doors, 50% of any street facing 737 facade shall be clad in durable materials. Durable materials include stone, brick, 738 masonry, textured or patterned concrete, fiber cement board or other material that 739 includes a minimum manufacturer warranty of 20 years from color fading, 740 weather, and local climate induced degradation of the material. Other materials 741 may be used for the remainder of the facade facing the street. Other materials 742 proposed to satisfy the durable requirement may be approved at the discretion of 743 the planning director if it is found that the proposed material is durable and is 744 appropriate for the proposed location on the building. 745 b. Ground Floor Glass: The surface area of the ground floor of a street facing façade 746 shall contain a minimum percentage of glass as indicated below, calculated 747 between 3 feet and 8 feet above grade. All ground floor glass shall allow 748 unhampered and unobstructed visibility into the building for a depth of at least 5 749 feet, excluding any glass etching and window signs when installed and permitted 750 in accordance with Chapter 21A.46, "Signs", of this title. 751 (1) Nonresidential Uses: 50% ground floor glass 752 (2) Residential Uses: If the ground level of the building is occupied by residential 753 uses that face the street, the minimum glass requirement is 20%. 28 LEGISLATIVE 754 c. Upper Floor Glass: The surface area of the façade of each street facing floor 755 above the ground floor must contain a minimum of 20% glass. 756 d. Maximum Length of a Blank Wall: The maximum length of any blank wall 757 uninterrupted by windows or doors at the ground floor level along any street 758 facing façade is 15 feet. Emergency exit doors and doors to access structured 759 parking or utility equipment shall not count as an interruption. 760 e. Maximum Length of Street Facing Facades: 761 (1) The maximum length of each street facing building facade shall not exceed 762 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts. 763 (2) The maximum length of each street facing building façade shall not 764 exceed 175 feet in all other zoning districts. 765 f.Building Entrances: A building entrance that provides direct access to the use 766 with a walkway connected to the public sidewalk is required for each ground floor 767 street facing façade as follows: 768 (1) Single Family Attached: All units abutting a street shall have the primary 769 entrance on the street. 770 (2) Multi-family: At least one building entrance is required for each street facing 771 façade. Additional building entrances shall be required every 75 feet. 772 (3) Unless the base zone of the property has specific entry feature requirements, 773 all required residential building entries shall have an unenclosed entry porch, 774 portico, awning or canopy, or emphasized doorway entry feature as described 775 in 21A.37.050.P. The entry feature may encroach in the front yard setback, 776 but the encroachment shall not be closer than 5 feet from the front property 777 line. 778 (4) Nonresidential Uses: At least one building entrance is required for each street 779 facing façade. Additional building entrances shall be required every 40 feet. 780 g. Garage Doors Facing Street: Garage doors are prohibited on the façade of the 781 building that is parallel to, or located along, a public street. 782 h. Screening of Mechanical Equipment: All mechanical equipment shall be screened 783 from public view and sited to minimize their visibility and impact. Examples of 784 siting include on the roof, enclosed or otherwise integrated into the architectural 785 design of the building, or in a rear or side yard area subject to yard location 786 restrictions found in Section 21A.36.020, Table 21A.36.020B, “Obstructions In 787 Required Yards”. 788 789 6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 790 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of 791 which shall be approved by the city attorney. The restrictive covenant shall be 792 recorded on the property with the Salt Lake County Recorder prior to issuance of a 793 building permit for a building using the incentives. The restrictive covenant shall run 794 with the land and shall provide for the following, without limitation: 795 a. Acknowledge the use of the incentives, the nature of the approval, and any 796 conditions thereof; 797 b. Shall guarantee that the physical elements of the eligible building used to qualify 798 for the incentives shall remain in substantially the same form and exterior features 799 important to the character of the building shall be preserved during the term; 800 c. Projects that apply the incentives to new buildings on the development site shall 801 guarantee retention of the eligible building used to qualify for the incentives for a 29 LEGISLATIVE 802 minimum term of 30 years or, if the eligible building is subject to 21A.34.020, 803 indefinitely unless otherwise permitted by the terms of a certificate of 804 appropriateness after such 30 year period; 805 d. The terms of compliance with all applicable regulations and the city’s potential 806 remedies for any violation of the restrictive covenant. 807 808 7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the 809 property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant 810 to 21A.20. The city shall have additional remedies or financial penalties for violations 811 as identified in the terms of the restrictive covenant required by Subsection 812 21A.52.060.B.6, which shall be reasonably related to enforcement of the 813 requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a 814 violation of the covenant may include liquidated damages representing a reasonable 815 estimate of the value of the incentives, plus other associated damages valued up to 816 20% of the tax assessed value of the preserved building over the three preceding 817 years. 818 819 820 SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That 821 Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall 822 be, and hereby is amended to read as follows: 823 824 21A.55.020: AUTHORITY: 825 A. Administrative Review: The planning director may approve, approve with 826 modifications, deny, or refer to the planning commission modifications to specific 827 zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying 828 provisions in 21A.52.060.B in accordance with the standards and procedures set forth in 829 this chapter and other regulations applicable to the district in which the property is 830 located. 831 832 B. Planning Commission Review: The Pplanning Ccommission may approve planned 833 developments for uses listed in the tables of permitted and conditional uses for each 834 category of zoning district or districts. The approval shall be in accordance with the 835 standards and procedures set forth in this chapter and other regulations applicable to the 836 district in which the property is located. 837 In approving a planned development, the Pplanning Ccommission may change, alter, 838 modify or waive the following provisions of this title: 839 1A. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ccity's 840 subdivision regulations as they apply to the proposed planned development except 841 that the Pplanning Ccommission cannot approve a use that is not allowed in the 842 zoning district in which the planned development is located, with the exception of 843 off-site parking as further described in this section. 30 LEGISLATIVE 844 2B. Off-Site Parking: Off-site pParking within the boundary of a planned development 845 area, but located on a different parcel or lot than the use(s) it is intended to serve, is 846 in zoning districts where off-site parking is not an allowed and not considered off- 847 site parking use. The parking must only serve the uses be located within the planned 848 development area unless otherwise authorized by other provisions of this title. 849 3C.Building Height: Up to five feet (5') of additional building height, except in the FR, 850 R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be 851 approved through the planned development process. 852 4D.Density: Residential planned developments shall not exceed the density limitation 853 of the zoning district where the planned development is proposed except as allowed 854 below. The calculation of planned development density may include open space that 855 is provided as an amenity to the planned development. Public streets located within 856 or adjacent to a planned development shall not be included in the planned 857 development area for the purpose of calculating density. 858 a1. In the RMF Zzoning Ddistricts and on lots 0.20 acres or more in size, 859 developments that change a nonconforming commercial use to a residential use 860 that is allowed in the zoning district are exempt from the density limitations of 861 the zoning district when approved as a planned development. 862 863 SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That 864 Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning 865 Commission Decision) shall be and hereby is amended to read as follows: 866 867 21A.55.030: PLANNING COMMISSION DECISION: 868 869 A. No Presumption Oof Approval: A request for a planned development does not constitute 870 an assurance or presumption that such planned development will be approved. Rather, 871 each proposed planned development shall be evaluated on an individual basis, in relation 872 to its compliance with the standards and factors set forth in this chapter and with the 873 standards for the zoning district in which it is located, in order to determine whether the 874 planned development is appropriate at a particular location. 875 876 B. Approval: The Pplanning Ccommission or planning director in the case of administrative 877 planned developments, may approve a planned development as proposed or may impose 878 conditions necessary or appropriate for the planned development to comply with the 879 standards and factors set forth in this chapter. 880 881 C. Denial: The Pplanning Ccommission or planning director in the case of administrative 882 planned developments, may deny an application for a planned development if it finds that 883 the proposal does not meet the intent of the base zoning district, does not meet the 31 LEGISLATIVE 884 purpose of this chapter, or is not consistent with the standards and factors as set forth in 885 this chapter. 886 887 888 SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That 889 Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures) 890 shall be and hereby is amended to read as follows: 891 892 21A.55.040: PROCEDURES: 893 894 A. Application: An application for a planned development shall be made on an application 895 form prepared by the zoning administrator and accompanied by applicable fees as noted 896 in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible 897 for payment of all mailing fees established for required public noticing. The applicant 898 must file an application for planned development approval with the Planning Director. A 899 complete application shall contain at least the following information submitted by the 900 applicant, unless certain information is determined by the zoning administrator Planning 901 Director to be inapplicable or unnecessary to appropriately evaluate the application. The 902 application submittal shall include one paper copy and one digital copy: 903 904 1. A complete description of the proposed planned development including the zoning 905 regulations being modified in the planned development and the planning objectives 906 being met; 907 2. When the proposed planned development includes provisions for common open space 908 or recreational facilities, a statement describing the provision to be made for the care 909 and maintenance of such open space or recreational facilities; 910 3. A written statement with supporting graphics showing how the proposed planned 911 development is compatible with other property in the neighborhood; 912 4. Plans, as required pursuant to sSection 21A.58.060 of this title, with the exception of 913 the number of copies required; 914 5. Architectural graphics including floor plans, elevations, profiles and cross sections; 915 6. A preliminary subdivision plat, if required; 916 7. Traffic impact analysis, where required by the City Transportation Division; and 917 8. Other information or documentation the zoning administratorPlanning Director may 918 deem necessary for proper review and analysis of a particular application. 919 920 B. Determination Oof Completeness: Upon receipt of an application for a planned 921 development, the zoning administratorPlanning Director shall make a determination of 922 completeness of the application pursuant to sSection 21A.10.010 of this title. 923 924 C. Public Notification and Engagement: 925 32 LEGISLATIVE 926 1. Notice of Application for Administrative Review: Prior to the approval of an 927 application that qualifies for administrative review, the planning director shall 928 provide written notice as provided in Chapter 21A.10.020.B. 929 930 2. Required Notice for Planning Commission Review: 931 a. Applications subject to planning commission review are subject to the notification 932 requirements of Chapter 2.60. 933 b. Any required public hearing is subject to the public hearing notice requirements 934 found in Chapter 21A.10. 935 936 Staff Report: Upon completing a site plan review and receiving recommendations from 937 applicable City department(s)/division(s), a staff report evaluating the planned development 938 application shall be prepared by the Planning Division and forwarded to the applicant and the 939 Planning Commission. 940 941 D. Public Hearing: The Planning Commission shall hold a public hearing to review the 942 planned development application in accordance with the standards and procedures set 943 forth in chapter 21A.10 of this title. 944 945 E. Planning Commission Action: Following the public hearing, the Planning Commission 946 shall decide, on the basis of the standards contained in section 21A.55.050 of this chapter 947 whether to approve, approve with modifications or conditions, or deny the application. 948 949 F. Notification Of Decision: The Planning Director shall notify the applicant of the decision 950 of the Planning Commission in writing, accompanied by one copy of the submitted plans 951 marked to show such decision and a copy of the motion approving, approving with 952 modifications, or denying the development plan application. 953 954 955 SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That 956 Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for 957 Planned Developments) shall be, and hereby is amended, as to the preamble only with 958 Subsections A through G unchanged: 959 960 21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS: 961 962 The Pplanning Ccommission, or the planning director in the case of an administrative planned 963 development, may approve, approve with conditions, or deny a planned development based upon 964 written findings of fact according to each of the following standards. It is the responsibility of the 965 applicant to provide written and graphic evidence demonstrating compliance with the following 966 standards: 967 33 LEGISLATIVE 968 969 SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That 970 Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the 971 Planning Commission Decision) shall be and hereby is amended to read as follows: 972 973 21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION: 974 Any person adversely affected by a final decision of the Pplanning Ccommission or planning 975 director in the case of administrative planned developments, on an application for a planned 976 development may appeal to the Aappeals Hhearing Oofficer in accordance with the provisions 977 of cChapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome 978 of the appeal, except as provided for under sSection 21A.16.030F of this title. 979 980 SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That 981 Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on 982 Approved Planned Development) shall be and hereby is amended to read as follows: 983 984 21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT: 985 No planned development approval shall be valid for a period longer than one year unless a 986 building permit has been issued or complete building plans have been submitted to the Division 987 of Building Services and Licensing. The Pplanning Ccommission or planning director in the case 988 of an administrative planned development, may grant an extension of a planned development for 989 up to one additional year when the applicant is able to demonstrate no change in circumstance 990 that would result in an unmitigated impact. Extension requests must be submitted prior to the 991 expiration of the planned development approval. 992 993 SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That 994 Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of 995 Approval of Planned Development) shall be and hereby is amended to read as follows: 996 997 21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT: 34 LEGISLATIVE 998 999 1000 1001 1002 1003 1004 1005 1006 The approval of a proposed planned development by the Pplanning Ccommission or planning director in the case of an administrative planned development, shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the regulations of the Ccity, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval. SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That 1007 Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 to Development Plan) shall be and hereby is amended to read as follows: 21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN: Following planned development approval, the development plan approved by the Pplanning Ccommission or planning director in the case of an administrative planned development, shall constitute the site design in relation to building placement and design, landscaping, mobility and circulation elements, and any elements that were approved as zoning modifications through the planned development process. Modifications to the development plan may be allowed pursuant to this section. A. New Application Required Ffor Modifications Aand Amendments: No substantial Mmodifications or amendments shall be made in the construction, development or use without a new application under subject to the provisions of this section.title. Minor modifications or amendments may be made subject to written approval of the Planning Director and the date for completion may be extended by the Planning Commission upon recommendation of the Planning Director. B. Minor Modifications: The Pplanning Ddirector may authorize minor modifications to the approved development plan pursuant to the provisions for modifications to an approved site plan as set forth in chapter 21A.58 of this title when such modifications appear necessary in light of technical or engineering considerations necessary to comply with an adopted building, fire, or engineering code or standard or when the modification complies with the applicable standards in the underlying zoning district or overlay district. Such minor modifications shall be limited to the following elements: 1. Adjusting the distance as shown on the approved development plan between any one structure or group of structures, and any other structure or group of structures, or any vehicular circulation element or any boundary of the site; 2. Adjusting the location of any open space; 35 LEGISLATIVE 1034 3. Adjusting any final grade; 1035 4. Altering the types of landscaping elements and their arrangement within the 1036 required landscaping buffer area; 1037 5. Signs; 1038 6. Relocation or construction of accessory structures that comply with the provisions 1039 of 21A.40 and any applicable accessory structure regulations; or 1040 7. Additions which comply with the lot and bulk requirements of the underlying 1041 zone. 1042 Such minor modifications shall be consistent with the intent and purpose of this title and 1043 the development plan as approved pursuant to this chapter and shall be the minimum 1044 necessary to overcome the particular difficulty comply with the standards of the 1045 underlying zoning district or the applicable building, fire, or engineering code or standard 1046 and shall not be approved if such modifications would result in a violation of any 1047 standard or requirement of this title. A minor modification shall not be approved if the 1048 modification reduces a required building setback, authorizes an increase in lot coverage, 1049 or increases building height. 1050 C. Major Modifications: Any modifications to the approved development plan not 1051 authorized by sSubsection B of this section shall be considered to be a major 1052 modification. The Pplanning Ccommission or planning director in the case of an 1053 administrative planned development, shall give notice to all property owners consistent 1054 with notification requirements located in chapter 21A.10 of this title. The Pplanning 1055 Ccommission or planning director in the case of an administrative planned development, 1056 may approve an application for a major modification to the approved development plan, 1057 not requiring a modification of written conditions of approval or recorded easements, 1058 upon finding that any changes in the plan as approved will be in substantial conformity 1059 with the approved development plan. If the commission or planning director in the case 1060 of an administrative planned development, determines that a major modification is not in 1061 substantial conformity with the approved development plan, then the commission or 1062 planning director in the case of an administrative planned development, shall review the 1063 request in accordance with the procedures set forth in this section. 1064 D. Other Modifications: Any modification to the planned development that complies with 1065 the standards of the underlying zoning district or overlay zoning district is allowed 1066 provided the modification does not violate a condition of approval or other requirement 1067 placed on the planned development as part of the approval of the application and required 1068 permits and approvals are obtained. 1069 36 LEGISLATIVE 1070 SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That 1071 Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority: 1072 Administrative Review) shall be, and hereby is amended to read as follows: 1073 A. Administrative Review: The planning director may approve, approve with modifications, 1074 deny or refer to the planning commission modifications to specific design standards when 1075 proposed as new construction, an addition or modification to the exterior of an existing 1076 structure, or a modification to an existing structure as authorized in Section 21A.59.040, 1077 Table 21A.59.040 of this chapter or when authorized in the specific zoning district 1078 elsewhere in this title. 1079 1. The director shall approve a request to modify a design standard if the director 1080 finds that the proposal complies with the purpose of the individual zoning district, 1081 the purpose of the individual design standards that are applicable to the project, 1082 the proposed modification is compatible with the development pattern of other 1083 buildings on the block face or on the block face on the opposite side of the street, 1084 and the project is compliant with the applicable design review objectives 1085 (Section 21A.59.050 of this chapter). 1086 2. The director may approve a request to modify a design standard with conditions 1087 or modifications to the design if the director determines a modification is 1088 necessary to comply with the purpose of the base zoning district, the purpose of 1089 the applicable design standards of the base zoning, to achieve compatibility with 1090 the development pattern of other buildings on the block face or on the block face 1091 on the opposite side of the street, or to achieve the applicable design review 1092 objectives. 1093 3. The director shall deny a request to modify a design standard if the design does 1094 not comply with the purpose of the base zoning district, the purpose of the 1095 applicable design standards or the applicable design review objectives and no 1096 modifications or conditions of approval can be applied that would make the 1097 design comply. 1098 4. The director may forward a request to modify a design standard to the planning 1099 commission if the director finds that the request for modification is greater than 1100 allowed by this chapter, a person receiving notice of the proposed modification 1101 can demonstrate that the request will negatively impact their property, or at the 1102 request of the applicant if the director is required to deny the request as provided 1103 in this section. 1104 37 LEGISLATIVE 1105 SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That 1106 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall 1107 be, and hereby is amended to read as follows: 1108 a. Amending the definition of “ADAPTIVE REUSE OF A LANDMARK 1109 BUILDING.” That the definition shall be amended to read as follows: 1110 ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF A LANDMARK 1111 BUILDINGS: The process of reusing a building for a purpose other than which it was built or 1112 designed for landmark buildings original use is no longer feasible. Other land uses, in addition to 1113 those specifically listed in the land use tables, may be allowed as a permitted or conditional use 1114 subject to the provisions in Subsection 21A.52.060.A. 1115 1116 b. Amending the definition of “PARKING, OFF SITE.” That the definition of 1117 “PARKING, OFF SITE” shall be amended to read as follows: 1118 PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is 1119 located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within 1120 the boundary of a planned development that only serves uses within the planned development 1121 area is not considered off-site parking. 1122 c. Repealing the definition “HOUSE MUSEUM IN A LANDMARK SITE” as 1123 follows: 1124 HOUSE MUSEUM IN LANDMARK SITE: A dwelling unit which is converted from its original 1125 principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or 1126 historic purposes. Such museum should include a staff who commands an appropriate body of 1127 special knowledge necessary to convey the historical, aesthetic or architectural attributes of the 1128 building and its collections to the general public. Such staff should also have the ability to reach 1129 museological decisions consonant with the experience of his or her peers and have access to and 1130 acquaintance with the literature of the field. Such museum should maintain either regular hours 1131 or be available for appointed visits such that access is reasonably convenient to the public. 1132 1133 SECTION 15. Effective Date. This Ordinance shall become effective on the date of its 1134 first publication. 38 LEGISLATIVE 1135 1136 1137 1138 1139 2024. Passed by the City Council of Salt Lake City, Utah, this day of , CHAIRPERSON 1140 1141 1142 ATTEST AND COUNTERSIGN: 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 CITY RECORDER Transmitted to Mayor on . Mayor’s Action: Approved. Vetoed. MAYOR 1154 1155 1156 1157 1158 1159 1160 1161 CITY RECORDER (SEAL) Bill No. of 2024. Published: . Adaptive Reuse Preservation Incentives_Opt2(legislative)v1 2.ORDINANCE (VERSION 1) 1 LEGISLATIVE 1 SALT LAKE CITY ORDINANCE 2 No. of 2024 3 4 (Amending the zoning text of various sections of Title 21A of the Salt Lake City Code 5 pertaining to zoning incentives for adaptive reuse and preservation of buildings) 6 7 An ordinance amending the text of various sections of Title 21A of the Salt Lake City 8 Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to 9 Petition No. PLNPCM2023-00155. 10 WHEREAS, on February 28, 2024, the Salt Lake City Planning Commission (“Planning 11 Commission”) held a public hearing on a petition submitted by Salt Lake City Mayor, Erin 12 Mendenhall to amend the zoning code pertaining to zoning incentives for adaptive reuse and 13 preservation of buildings (Petition No. PLNPCM2023-00155); and 14 WHEREAS, at its February 28, 2024 meeting, the Planning Commission voted in favor 15 of forwarding a positive recommendation to the Salt Lake City Council on said petition; 16 WHEREAS, after a public hearing on this matter the City Council has determined that 17 adopting this ordinance is in the city’s best interests. 18 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 19 20 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.10.015.A. That 21 Subsection 21A.10.015.A of the Salt Lake City Code (Zoning: General Application, Public 22 Engagement, and Public Noticing Procedures: Public Engagement: Land Use Projects Subject to 23 Public Engagement) shall be, and hereby is amended to read as follows: 24 A. Land Use Projects Subject to Public Engagement: The following are considered land use 25 projects for purposes of this chapter and are subject to the public engagement process and 26 requirements herein: 27 28 1. Request for an alley/street closure or vacation; 29 2. Amendments to Title 21A; 30 3. Conditional use applications; 2 LEGISLATIVE 31 4. Design review applications, that are subject to review by the planning commission as 32 provided in Chapter 21A.59; 33 5. Applications to demolish one or more landmark sites or contributing structures 34 located within a local historic district; 35 6. Master plans, including amendments, to be adopted by the city council; 36 7. Requests for certificates of appropriateness required for new construction of principal 37 structures, except for single family and two family dwellings; 38 8. Planned development applications that are subject to review by the planning 39 commission as provided in Chapter 21A.55; and 40 9. Zoning map amendments. 41 42 43 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That 44 Subsection 21A.10.020.B of the Salt Lake City Code (Zoning: General Application, Public 45 Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special 46 Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to 47 read as follows: 48 B. Special Noticing Requirements for Administrative Approvals: 49 50 1. Notice of Application for Design Review and Planned Development: 51 52 a. Notification: At least twelve (12) days before a land use decision is made for an 53 administrative design review application as authorized in Chapter 21A.59 of this 54 title, or an administrative planned development as authorized by Chapter 21A.55 55 of this title, the planning director shall provide written notice to the following: 56 (1) All owners and identifiable tenants of the subject property, land abutting the 57 subject property, and land located directly across the street from the subject 58 property. In identifying the owners and tenants of the land the city shall use 59 the Salt Lake City geographic information system records. 60 (2) Recognized community organization(s) in which the subject property is 61 located. 62 63 b. Contents of the Notice of Application: The notice shall generally describe the 64 subject matter of the application, where the public may review the application, the 65 expected date when the planning director will authorize a final land use decision, 66 and the procedures to appeal the land use decision. 67 68 c. End of Notification Period: If the planning director receives comments identifying 69 concerns related to the design review application not complying with the 70 requirements of Chapter 21A.59, or the planned development not complying with 3 LEGISLATIVE 71 the requirements of Chapter 21A.55, the planning director may refer the matter to 72 the planning commission for their review and decision on the application. 73 74 75 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.S. That 76 Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General 77 Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby 78 is amended to read as follows: 79 80 S. Compliance with Noise Regulations Required: Any construction work in residential zoning 81 districts shall comply with Section 9.28.040, “Noises Prohibited.”Adaptive Reuse Of A 82 Landmark Building In Residential Districts: 83 1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a residential 84 district is to preserve landmark sites as defined in subsection 21A.34.020B of this title. In some 85 instances these sites have outlived their original use due to economic conditions, size of the 86 building, and/or a substantial degree of deterioration of the historic property. Such sites, 87 however, still contribute to the welfare, property and education of the people of Salt Lake City 88 because of their historic, architectural or cultural significance. The Planning Commission shall 89 consider the allowance of a nonresidential use of a landmark site in a residential district 90 according to the qualifying provisions outlined in subsection S2a of this section and pursuant 91 to chapter 21A.54 of this title, in order to ensure that the residential character of the surrounding 92 environment is preserved. 93 2. Conditional Use Required: Where authorized by this title as shown in 94 section 21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of 95 this title, landmark sites in any residential district may be used for certain nonresidential uses. 96 a. Qualifying Provisions: In order to qualify for conditional use review by the 97 Planning Commission under section 21A.54.080, "Standards For Conditional Uses", of 98 this title, the applicant must demonstrate compliance with the following: 99 (1) The building is designated as a landmark site on the Salt Lake City 100 register of cultural resources. The designation process must be completed prior to the 101 City accepting a conditional use application for the structure unless the Planning 102 Director determines that it is in the best interest of the City to process the designation 103 and conditional use applications together. 104 (2) The landmark building shall have a minimum of seven thousand (7,000) 105 square feet of floor area, excluding accessory buildings. 106 (3) The new use will require minimal change as these features are important 107 in defining the overall historic character of the building and environment. 108 (4) The use is conducive to the preservation of the landmark site. 4 LEGISLATIVE 109 (5) Significant archaeological resources affected by the project shall be 110 protected and preserved. If such resources must be disturbed, mitigation measures 111 shall be undertaken. 112 (6) The use is compatible with the surrounding residential neighborhood. 113 (7) Distinctive features, finishes, and construction techniques or examples of 114 craftsmanship that characterize the property shall be preserved. 115 (8) The use does not result in the removal of residential characteristics of the 116 structure or site including mature landscaping. 117 (9) The change in use from residential to nonresidential is necessary due to 118 the excessive size of the landmark site for residential uses allowed in the residential 119 district, and/or demonstration that the building cannot reasonably be used for its 120 original intended use. 121 (10) The proposed use will not have a material net cumulative adverse 122 impact on the neighborhood or the City as a whole by considering the following: 123 (A) The spatial distribution of: 124 (i) Business licenses issued for properties located within three 125 hundred feet (300') of any property line and the block frontage on both sides 126 of the street between 100 series addresses; and 127 (ii) Previously approved conditional uses for nonresidential uses 128 in landmark sites within the same planning community, as shown on a map of 129 planning communities maintained by the Zoning Administrator. 130 (B) Impacts on neighboring properties including, but not limited to: 131 (i) Traffic; 132 (ii) Parking; 133 (iii) Signs; 134 (iv) Lighting; 135 (v) Removal of landscaping; and 136 (vi) For the purposes of evaluating subsections S2a(10)(B)(i) 137 through S2a(10)(B)(v) of this section, professionally prepared impact studies 138 shall not be required unless specifically requested by the Zoning 139 Administrator; 140 (vii) Noise, fumes or odors; 141 b. Credit For On Street Parking: Some or all of the off street parking spaces 142 required in section 21A.44.030 of this title may be met by the provision of on street 143 spaces. Such credit shall require the site plan review approval. Requests for on street 144 parking shall meet the following requirements: 5 LEGISLATIVE 145 (1) All on street parking facilities shall be designed in conformance with the 146 standards established by the City Transportation Engineer; 147 (2) Prior to approving any requests for on street parking, the development 148 review team shall determine that the proposed on street parking will not materially 149 adversely impact traffic movements and related public street functions; and 150 (3) Credit for on street parking shall be limited to the number of spaces 151 provided along the street frontage adjacent to the use. 152 153 SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That 154 Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General 155 Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its 156 entirety as follows: 157 158 W. Compliance With Noise Regulations Required: Any construction work in residential 159 zoning districts shall comply with section 9.28.040, "Noises Prohibited", of this Code. 160 161 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6. 162 That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF- 163 35 Moderate Density Multi-Family Residential District: Minimum Yard Requirements: Existing 164 Yards) shall be, and hereby is amended to read as follows: 165 6. Existing Yards: For buildings legally existing on April 12, 1995, the required yard 166 shall be no greater than the established setback line of the existing building unless the 167 proposed yard encroachment is to accommodate additional units. New principal 168 buildings must conform to current yard area requirements, unless the new principal 169 two-family dwelling or twin home has legal conforming status as outlined in 170 section 21A.38.070 of this title. 171 172 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.160.D. That 173 Subsection 21A.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB 174 Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is 6 LEGISLATIVE 175 amended only to eliminate the Land Use “A single dwelling unit located above first floor retail 176 or office uses” from the table in said subsection, with no other changes to the table: 177 178 179 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That 180 Subsection 21A.24.180.I of the Salt Lake City Code (Zoning: Residential Districts: RO 181 Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand 182 Square Feet) shall be, and hereby is amended to read as follows: 183 I. Offices iIn Existing Buildings oOn Lots Less Than Twenty Thousand Square Feet: 184 Offices occupying existing buildings are permitted on a five thousand (5,000) square foot 185 minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of 186 the existing building footprint or that exceed the height of the existing building shall be 187 subject to design review (chapter 21A.59 of this title) unless the existing building is using 188 the incentives in 21A.52.060. 189 190 SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That 191 Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General 192 Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the 193 CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is 194 repealed in its entirety as follows: 195 196 K. Bed And Breakfast Establishments And Reception Centers In Landmark Sites In The CN 197 Neighborhood Commercial And CB Community Business Districts: 198 1. Conditional Use Required: Where not otherwise authorized by this title and after 199 conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this 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 7 LEGISLATIVE 200 title, landmark sites in a CN or CB District may be used for a bed and breakfast 201 establishment or reception center subject to the following standards: 202 a. Standards: In addition to the standards for conditional uses, section 21A.54.080 of 203 this title, the Planning Commission shall find the following: 204 (1) The structure is designated as a landmark site on the Salt Lake City Register of 205 Cultural Resources. The designation process must be completed prior to the City 206 accepting a conditional use application for the structure unless the Planning 207 Director determines that it is in the best interest of the City to process the 208 designation and conditional use applications at the same time because of the risk 209 of probable demolition; 210 (2) The use is conducive to the preservation of the landmark site; 211 (3) The use is compatible with the surrounding residential neighborhood; and 212 (4) The use does not result in the removal of residential characteristics of the 213 structure (if the structure is a residential structure), including mature landscaping. 214 b. Condition Of Approval: A preservation easement in favor of the City shall be placed 215 upon the landmark site. 216 217 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 218 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 219 Conditional Uses for Residential Districts) shall be amended only as to the use categories “Adaptive 220 reuse of a landmark site”, “Dwelling, multi-family” and “Mixed use development” and to repeal 221 only the use category “Temporary use of closed schools and churches”, with no other changes to the 222 table, which aforementioned use categories shall read and appear in that table as follows: 8 223 Permitted And Conditional Uses By DistrictUse 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 LEGISLATIVE 9 LEGISLATIVE 225 226 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the 227 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Residential 228 Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 229 Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to 230 notes “1”, “6”, “8” and “19” which shall appear in numerical order with the other notes and read as 231 follows: 232 1. Reserved. A single apartment unit may be located above first floor retail/office. 233 234 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 235 percent of the building's footprint. Building additions greater than 50 percent of the 236 building's footprint or new office building construction are subject to a design review 237 unless the building qualifies for the incentives in 21A.52.060. 238 239 8. Subject to conformance with the provisions of sSubsection 21A.52.060.A 21A.24.010S 240 of this title. 241 242 19. Reserved. Subject to section 21A.36.170 of this title. 243 244 245 246 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 247 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 248 Conditional Uses for Commercial Districts) shall be amended only as to the use category “Bed and 249 breakfast” and to repeal only the use categories “Adaptive reuse of a landmark site”, “House 250 museum in landmark sites” and “Offices and reception centers in landmark sites”, with no other 251 changes to the table, which aforementioned use categories shall read and appear in that table as 252 follows: 253 254 255 Use 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 257 258 259 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.030. That the 260 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Commercial 261 Districts of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 262 Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only as to 263 note “3” which shall appear in numerical order with the other notes and read as follows: 264 3. Reserved. When located in a building listed on the Salt Lake City register of cultural 265 resources (see subsections 21A.26.010S and 21A.26.010K of this title). 266 267 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 268 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 269 Conditional Uses for Transit Station Area Districts) is amended only to repeal the use categories 270 “Adaptive reuse of a landmark site”, “House museum in landmark sites” and “Offices and reception 271 centers in landmark sites”, in the Table of Permitted and Conditional Uses for Transit Station Area 272 Districts, with no other changes to the table, as follows: 11 LEGISLATIVE 273 Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Use 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 274 275 276 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section 277 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 278 Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category 279 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for 280 Manufacturing Districts, with no other changes to the table, as follows: Permitted and Conditional Uses by DistrictUse M-1 M-2 Adaptive reuse of a landmark site C C7 281 12 LEGISLATIVE 282 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the 283 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Manufacturing 284 Districts of Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 285 Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as 286 to note “7” which shall appear in numerical order with the other notes and read as follows: 287 7. Reserved. Building additions on lots less than 20,000 square feet for office uses may not 288 exceed 50 percent of the building's footprint. Building additions greater than 50 percent 289 of the building's footprint or new office building construction are subject to a design 290 review. 291 292 SECTION 16. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 293 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 294 Conditional Uses for Downtown Districts) shall be amended only to repeal the use category 295 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for Downtown 296 Districts, with no other changes to the table, as follows: Permitted and Conditional Uses by DistrictUse D-1 D-2 D-3 D-4 Adaptive reuse of a landmark site P P P P4 298 299 SECTION 17. Amending the text of Salt Lake City Code Section 21A.33.050. That the 300 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Downtown 301 Districts of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 302 Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only as to 303 note “4” which shall appear in numerical order with the other notes and read as follows: 304 4. Reserved. Building additions on lots less than 20,000 square feet for office uses may not 305 exceed 50 percent of the building's footprint. Building additions greater than 50 percent 13 LEGISLATIVE 306 of the building's footprint or new office building construction are subject to a design 307 review (chapter 21A.59 of this title). 308 309 SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 310 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 311 Conditional Uses in the Gateway District) shall be amended only to repeal the use category 312 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses in the Gateway 313 District, with no other changes to the table, as follows: Use G-MU Adaptive reuse of a landmark site P 314 315 SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 316 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 317 Conditional Uses for Special Purpose Districts) shall be amended only for the use categories 318 “Adaptive reuse of a landmark site” and “Dwelling: Multi-family”, in the Table of Permitted and 319 Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows: 14 320 Permitted and Conditional Uses by DistrictUse 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 LEGISLATIVE 15 LEGISLATIVE 322 323 SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the 324 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Special Purpose 325 Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 326 Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only 327 as to note “2” which shall appear in numerical order with the other notes and read as follows: 328 2. Subject to conformance with the provisions of Subsection 21A.52.060.A. When located 329 in a building listed on the Salt Lake City Register of Cultural Resources. 330 331 SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 332 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 333 Conditional Uses in Form Based Districts) shall be amended only as to the use categories “Adaptive 334 reuse of a landmark site”, “Dwelling: Multi-family”, and “Reception center” and to repeal only the 335 use categories “House museum in a landmark”, and “Office and/or reception center in a landmark 336 site”, in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes 337 to the table, as follows: Permitted and Conditional Uses by DistrictUse FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE Adaptive reuse for additional uses in eligible of a landmark buildings C9 P Dwelling: Multi-family P9 P P P P House museum in landmark site P P P P P Office and/or Reception center in a landmark site P P P P Reception center P P P P 338 339 16 LEGISLATIVE 340 SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the 341 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses in Form Based 342 Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 343 Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note 344 “9”, which shall appear in numerical order with the other notes and read as follows: 345 9. Subject to conformance with the provisions of Subsection 21A.52.060.A. 346 347 SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section 348 21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School 349 Buildings) is hereby repealed in its entirety as follows: 350 21A.36.170: RESERVEDUSE OF CHURCH AND SCHOOL BUILDINGS: 351 A. Change Of Use: In the PL, PL-2, I, UI or any residential district, a change of use of 352 any church or school to a use that is allowed as a permitted use or conditional use in the zoning 353 district may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this 354 title. 355 B. Temporary Use Of Closed Schools And Churches; Authorized As Conditional Use: The 356 temporary use of closed schools and churches may be allowed as a conditional use pursuant to 357 the provisions of chapter 21A.54 of this title, in the zoning districts indicated in the land use 358 tables of this title, provided that: 359 1. Use: The temporary use is for office space or educational purposes for public or private 360 charities. 361 2. Application: The application for a temporary use of a closed school or church shall 362 include, in addition to the application submission requirements of chapter 21A.54 of this title, the 363 following information: 364 a. Building Plans: As part of the application, the applicant shall provide a site plan drawn 365 to scale showing existing structures, auxiliary buildings, existing 366 parking and landscaping, and any proposed changes to the site. In converting the existing facility 367 to the proposed conditional use, no major exterior or interior alterations of the building shall be 368 made which render the building incompatible with a return to its use as a school or church; and 369 b. Use Plan: A proposed use plan including: 17 LEGISLATIVE 370 (1) Hours and days of operation, 371 (2) Evidence of noise, odor or vibration emissions, 372 (3) Evidence of the number of classes, including hours taught, days taught, and the 373 expected class size, 374 (4) Average number of clients per day and the frequency of turnover of the clients, and 375 (5) Number of employees, staff or volunteers, both total and expected to be on the 376 premises at any given time. 377 3. Prohibition: No provision of this section shall be construed to allow any use in a 378 closed school or church for retail, residential or industrial purposes, or any use involving any 379 type of correctional or institutional facility. 380 4. Ownership: The School Board or church shall remain the owner of the property during 381 the period of time for which the conditional use is granted and any change of ownership away 382 from the School Board or church shall immediately cause the conditional use to terminate. 383 5. Automatic Termination Of Use: If the School Board or church group determines that no 384 future public or religious use will be made of the building as a public school or church, the 385 conditional use as granted under this section shall immediately cease and the property shall 386 thereafter be used only for uses permitted in the zoning district. 387 6. Temporary Use: The conditional use provided by this section shall be temporary only. 388 The time of such use shall be subject to the decision of the Planning Commission based on its 389 consideration of the criteria specified in subsection B7 of this section. The Planning Commission 390 may authorize the conditional use for a period not to exceed five (5) years, which may be 391 renewed for additional periods not in excess of five (5) years. 392 7. Termination For Excess Use: If the Planning Commission determines that the conditional 393 use is being used substantially in excess of the plan for use submitted pursuant to subsection B2b 394 of this section, the Planning Commission may, after an informal hearing, revoke the conditional 395 use if it determines that the excess use is having a negative impact on the neighborhood. 396 397 SECTION 24. Amending the text of Subsection 21A.44.060.A.1 That Subsection 398 21A.44.060.A.1 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading: 399 Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building 400 Served), shall be and hereby is amended to read as follows: 401 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required 402 to serve buildings or uses erected or established after the effective date of this 403 ordinance shall be located on the same lot or parcel as the building or use served, 18 LEGISLATIVE 404 unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, "Off-Site Parking 405 Permitted", or 21A.55.020, “Planned Developments – Authority”. 406 407 SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That 408 Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall 409 be, and hereby is amended to read as follows: 410 411 21A.52.020 APPLICABILITY: 412 A. This chapter applies as indicated within each subsection. 413 B. The planned development process in Chapter 21A.55 is not required as indicated within 414 this chapter. 415 C. The administrative planned development process in Chapter 21A.55, and the 416 administrative design review process in Chapter 21A.59 may be applicable as indicated 417 within this chapter. 418 419 SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That 420 Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base 421 Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as 422 follows: 423 424 21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY 425 ZONING DISTRICTS: 426 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district 427 standards and requirements take precedence except as indicated in this section. 428 429 SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That 430 Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process) 431 shall be, and hereby is amended to read as follows: 432 433 21A.52.040: APPROVAL PROCESS: 19 LEGISLATIVE 434 Unless specifically exempted or modified by this chapter, all requirements of this title shall 435 apply. 436 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a 437 zoning incentives application and provide the following information: 438 1. The applicant's name, address, telephone number and interest in the property to which 439 the incentives shall apply; 440 2. The owner's name, address and telephone number, if different than the applicant, and 441 the owner's signed consent to the filing of the application; 442 3. The street address, tax parcel number and legal description of the subject property; 443 4. The zoning classification, zoning district boundaries and present use of the subject 444 property; 445 5. The location of all existing and proposed buildings and structures, accessory and 446 principal, showing the number of stories and height, dwelling type, if applicable, 447 major elevations and the total square footage of the floor area by proposed use and 448 any additional information required for site plan review set forth in Chapter 21A.58; 449 6. The total number of dwelling units in the project, the number of affordable units, the 450 number of bedrooms in the affordable units, the location of the affordable units, and 451 level of affordability; and 452 7. Any additional information required by Chapter 21A.59 design review or 21A.55 453 planned development, to demonstrate compliance with the requirements of this 454 chapter, as applicable; and 455 8. Any additional information the zoning administrator deems necessary to demonstrate 456 compliance with this chapter. 457 B. Preliminary approval shall authorize the preparation, filing and processing of applications 458 for any permits or approval that may be required by the city, including, but not limited to, 459 a building permit. Notwithstanding the foregoing, no permits shall be issued until final 460 approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a 461 period of one year unless complete building plans have been submitted to the Division of 462 Building Services. 463 C. Administrative design review and administrative planned development, where applicable, 464 shall be exempt from the application fees and noticing fees otherwise required pursuant 465 to Chapters 21A.59 and 21A.55. 466 D. Following the approval of any administrative design review or planned development 467 application, any future alteration to the property, building or site shall comply with the 468 approved design review application unless a modification is approved subject to the 469 process outlined in Chapters 21A.59 and 21A.55, as applicable. 470 E. Final approval shall occur following the recording of the restrictive covenant. 471 F. Preliminary and final approvals shall be administrative approvals by the planning director 472 or the planning director's designee. 473 474 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That 475 Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable 476 Housing Incentives: Purpose) shall be and hereby is amended to read as follows: 20 LEGISLATIVE 477 478 21A.52.050 AFFORDABLE HOUSING INCENTIVES: 479 A. Purpose: The incentives set forth in this section chapter are intended to encourage the 480 development of affordable housing. The provisions within this section are intended to 481 facilitate the construction of affordable housing by allowing more inclusive development 482 than would otherwise be permitted in the base zoning districts. Housing constructed using 483 the incentives is intended to be compatible in form with the neighborhood and provide for 484 safe and comfortable places to live and play. 485 486 SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3. 487 That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives: 488 Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows: 489 490 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General 491 Commercial, and I Institutional Zoning Districts: 492 a. The following housing types: row houses, sideways row houses, and cottage 493 developments are authorized provided the affordability requirements in 494 subsection b. are complied with;. 495 b. The minimum open space requirements in the I Institutional zoning district do 496 not apply. 497 c. To be eligible for the incentives listed in this subsection 3a., a development shall 498 meet the affordability requirements for Type C in Table 21A.52.050.G. 499 500 SECTION 30. Amending the text of Salt Lake City Code Chapter 21A.52. That Chapter 501 21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended 502 to add a new Section 21A.52.060, with no other revisions to the chapter, to read as follows: 503 21A.52.060: BUILDING PRESERVATION INCENTIVES: 504 The provisions in this section provide optional incentives to development projects that include 505 the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may 506 be combined with the incentives outlined in Subsection 21A.52.060.B. 507 A. Adaptive Reuse for Additional Uses in Eligible Buildings: 508 509 1. Purpose: To allow additional land uses in buildings that generally contribute to the 510 character of the city so they can be redeveloped for economically viable uses. These 21 LEGISLATIVE 511 buildings may be underutilized or have outlived their original use due to economic 512 conditions, size of the building, a substantial degree of deterioration of the property, 513 or other factors. Eligible buildings may hold historical or cultural significance or 514 contribute to the existing neighborhood fabric through their architectural features, 515 size, or previous use. 516 517 2. Applicability: The incentives in this subsection apply to adaptive reuse of a building 518 that meets the eligibility standards in 21A.52.060.A.3. 519 520 3. Eligibility Standards: 521 a. The following buildings are eligible for the incentives in this subsection: 522 (1) Landmark Sites; 523 (2) Buildings individually listed on the National Register of Historic Places; 524 (3) Buildings designed and formerly used for schools, hospitals, places of 525 worship, or other similar institutional uses; and 526 (4) Buildings that the planning director has deemed significant based on the 527 structure’s association with events that have contributed to broad patterns of 528 history, association with lives of persons important in the city’s past, or 529 displays distinctive characteristics of a type, period, or method of 530 construction. 531 b. Exterior features that are important in defining the overall character of the 532 building shall be retained. 533 c. Exterior alterations to the eligible building shall meet the standards in 534 21A.34.020.G. 535 d. The proposed use is conducive to the preservation of the building. 536 e. A change of use to a residential use is not permitted in the OS (Open Space) 537 zoning district. 538 f.If the eligible building is located in a residential zoning district, and the existing 539 use is residential, a change of use to nonresidential is not permitted. 540 g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate 541 of Appropriateness in accordance with 21A.34.020. 542 4. Incentives: 543 a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use 544 may be allowed as a permitted or conditional use in zoning districts where 545 Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use 546 tables in Chapter 21A.33, subject to the provisions in this subsection and any 547 specific provisions applicable to the use in this title. Any conditional use shall be 548 reviewed pursuant to the procedures and standards outlined in Chapter 21A.54. 549 (1) Prohibited Uses: A change of use to one of the following uses is prohibited: 550 Ambulance services (indoor and outdoor), amusement park, auditorium, bio- 551 medical facility, bus line station/terminal, bus line yard and repair facility, car 552 wash, check cashing/payday loan business, community correctional facility 553 (large and small), contractor’s yard/office, drive-through facility associated 554 with any use, equipment rental (indoor and outdoor), gas station, heliport, 555 hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind 556 energy system, laundry and dry cleaning establishments, limousine service 22 LEGISLATIVE 557 (large and small), heavy manufacturing, pet cemetery, recycling collection 558 station, sexually oriented business, sign painting/fabrication, storage 559 (outdoor), public storage (outdoor), wireless telecommunications facility, 560 homeless resource centers, and any other uses that are only allowed in the 561 manufacturing districts. 562 b. Parking and Loading: The following are the minimum off-street parking and 563 loading requirements for the eligible building. These minimums may be further 564 reduced with the alternatives to minimum parking calculations in 21A.44.050. 565 (1) Multi-Family: 0.5 off-street parking space per dwelling unit is required; 566 (2) Nonresidential: The minimum number of required off-street parking spaces 567 for the proposed use listed in the general context of the required off-street 568 parking table in 21A.44 may be reduced by 40%; 569 (3) Existing Parking Below the Minimum: If the existing parking for the eligible 570 building does not meet the minimum off-street parking requirements above, 571 no additional parking shall be required; 572 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required. 573 c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements 574 of the zoning district do not apply for the adaptive reuse in all zoning districts. In 575 the RMF-30 zoning district, the minimum lot size per dwelling unit does not 576 apply. 577 578 5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 579 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of 580 which shall be approved by the city attorney. The restrictive covenant shall be 581 recorded on the property with the Salt Lake County Recorder prior to issuance of a 582 building permit for a building using the incentives. The restrictive covenant shall run 583 with the land for the duration of the adaptive reuse and shall provide for the 584 following, without limitation: 585 a. Acknowledge the use of the incentives, the nature of the approval, and any 586 conditions thereof; 587 b. Shall guarantee that the physical elements of the eligible building used to qualify 588 for the incentives shall remain in substantially the same form and exterior features 589 important to the character of the building shall be preserved for the duration of the 590 adaptive reuse or if subject to 21A.34.020, indefinitely unless otherwise permitted 591 by the terms of a certificate of appropriateness; 592 c. The terms of compliance with all applicable regulations and the potential 593 enforcement actions for any violation of the restrictive covenant. 594 595 6. Modifications to Approved Adaptive Reuse: Any modification to the use approved 596 under these incentives requires a new zoning incentives application. Any new 597 adaptive reuse shall also require a new zoning incentives application unless the new 598 use is permitted in the table of permitted and conditional uses for the zoning district. 599 600 7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the 601 property as set forth in 21A.52.060.A.5, shall be investigated and prosecuted pursuant 602 to 21A.20. The city shall have additional remedies or financial penalties for 23 LEGISLATIVE 603 violations as identified in the terms of the restrictive covenant required by Subsection 604 21A.52.060.A.5, which shall be reasonably related to enforcement of the 605 requirements and purpose of Subsection 21A.52.060.A. 606 607 B. Preservation of a Principal Building: 608 609 1. Purpose: The incentives set forth in this section are intended to encourage the 610 preservation of buildings, supporting city goals related to sustainability, 611 neighborhoods, economy, and housing. The provisions are designed to support 612 developments that include preserving an eligible building by allowing flexibility with 613 certain zoning regulations while still maintaining the unique urban fabric and 614 character of neighborhoods. 615 616 2. Applicability: The incentives in this subsection apply to projects in all zoning districts 617 that preserve an existing principal building that meets the eligibility standards in 618 21A.52.060.B.3. These incentives may be applied to existing principal buildings and 619 new construction within the same development area. For the purposes of this 620 subsection, the development area may include multiple abutting lots or parcels. 621 622 3. Eligibility Standards: 623 a. Minimum Building Age: The existing building to be preserved shall be a 624 minimum of 50 years old. 625 b. Minimum Footprint of Eligible Building: The footprint of the eligible building to 626 be preserved covers a minimum of 25% of the development area. A lower 627 percentage may be considered by the planning director if the building has frontage 628 on a public street, contains a publicly accessible use such as retail, restaurant, or 629 entertainment, or would be highly visible from public spaces within the interior of 630 the site. 631 c. Retention of All Existing Principal Structures: In the FR-1, FR-2, FR-3, R - 632 1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, SR-3, and all RMF zoning 633 districts, all existing principal structures included in the overall development area 634 shall be retained. 635 d. Modifications to Existing Building: A maximum of 25% of each street facing 636 building wall may be removed to accommodate modifications or additions. No 637 more than 50% of the building’s exterior walls may be removed. Portions of a 638 building wall with character defining architectural features shall not be removed. 639 e. Retention of Existing Active Commercial Uses: Eligible buildings with existing 640 active commercial uses with ground level street frontage are subject to the 641 following requirements. For the purpose of this subsection, active commercial 642 uses are those that support the vibrancy and usability of the public realm adjacent 643 to a building and encourage pedestrian activity and walk-in traffic. Active uses 644 may include retail goods/service establishments, restaurants, bars, art and craft 645 studios, or other uses determined to be substantially similar in terms of activation 646 by the planning director. 647 (1) A minimum of 50% of the length shall be retained along the street frontage in 648 the existing building or be included as part of the new development. If 24 LEGISLATIVE 649 included in the new development, the active commercial use shall have the 650 primary entrance on the street frontage with direct public access from the 651 street frontage. 652 (2) The existing depth of the active commercial use shall be maintained or a 653 minimum depth of 25 feet, whichever is less. 654 (3) These requirements do not apply to nonconforming active commercial uses 655 with ground level street frontage. 656 657 4. Incentives: 658 a. Planned Development Waived: A planned development is not required for the 659 following: 660 (1) More Than One Principal Building Per Lot: More than one principal building 661 per lot is allowed without having frontage along a public street. 662 (2) Lots without Frontage on a Public Street: Lots do not require frontage on a 663 public street if necessary cross access easements are provided. 664 b. Administrative Planned Development: The following are authorized through an 665 administrative planned development pursuant to the procedures and standards in 666 Chapter 21A.55. The minimum planned development size required by 667 21A.55.060 does not apply: 668 (1) Modification to the minimum yard requirements. 669 (2) Modification to the open space and landscaping requirements when the 670 modification specifically relates to preserving the existing building(s). 671 (3) Modifications to the provisions for awnings and canopies, balconies, patios, 672 and porches in Table 21A.36.020.B, Obstructions in Required Yards. 673 (4) Modifications to the parking location and setback requirements in Table 674 21A.44.060.A. 675 (5) Parking within the boundary of a planned development area but located on a 676 different parcel or lot than the use(s) it is intended to serve, is allowed and is 677 not considered off-site parking. The parking must only serve the uses within 678 the planned development area unless otherwise authorized by other provisions 679 of this title. 680 c.Minimum Lot Area, Width & Coverage: 681 (1) The minimum lot width for the land use found in the minimum lot area and lot 682 width tables of the zoning district does not apply. 683 (2) The minimum lot area for the land use found in the minimum lot area and lot 684 width tables of the zoning district only applies for the following zoning 685 districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000. 686 (3) RMF-30 zoning district: The minimum lot size per dwelling unit does not 687 apply. 688 (4) Lot coverage may be calculated for the overall development area not the 689 individual lot or parcel within the development area. 690 d.Height: Additional building height is authorized in zoning districts as indicated in 691 the following sections through administrative design review. The maximum 692 height per story of the additional building height incentive shall not exceed 12 693 feet. Administrative design review shall be reviewed pursuant to the procedures 694 and standards in Chapter 21A.59. The additional height authorized by this 25 LEGISLATIVE 695 subsection shall not be combined with the additional height authorized by 696 Subsection 21A.52.050, Affordable Housing Incentives. 697 698 (1) Residential districts: Zoning District Permitted Maximum Height with Incentive RMU-35 45’, regardless of abutting use or zone. RMU-45 55’, regardless of abutting use or zone. RB 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. 699 700 (2) Commercial Districts: Zoning District Permitted Maximum Height with Incentive CB 1 additional story equal to or less than the average height of the other stories in the building. CN May build one additional story equal to or less than the average height of the other stories in the building. CC 45’ CG 2 additional stories equal to or less than the average height of the other stories in the building. 3 additional stories equal to or less than the average height of the other stories in the building for properties in the boundary described in 21A.26.070.G. 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 702 (3) Form-based districts: Zoning District Permitted Maximum Height with Incentive MU-8 90’ and 2 additional stories equal to or less than the average height of the other stories in the building. FB-MU11 125’ and 3 additional stories equal to or less than the average height of the other stories in the building. FB-UN2 1 additional story equal to the average height of the other stories in the building. FB-SC 1 additional story equal to the average height of the other stories in the building. FB-SE 1 additional story equal to the average height of the other stories in the building. FB-UN1 3 stories and 30’ in height. 703 704 (4) Downtown districts: Zoning District Permitted Maximum Height with Incentive D-2 120’ and 2 additional stories equal to or less than the average height of the other stories in the building. D-3 180’ and 3 additional stories equal to or less than the average height of the other stories in the building. 705 706 (5) Other districts: Zoning District Permitted Maximum Height with Incentive GMU 180’ and 2 additional stories equal to or less than the average height of the other stories in the building. MU 60’ provided that the additional height is for residential uses only. I Building heights in excess of 35' but not more than 75' provided, that for each foot of height over 35', each required yard shall be increased 1'. UI Building heights in excess of 75' but not more 120' provided that the additional height is supported by the master plan and compatible with the adjacent neighborhood. OS – Lots greater than 4 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 708 709 e. Administrative design review is permitted for the following: 710 (1) Buildings in the CSHBD1 or CSHBD2 zoning district that exceed 20,000 711 square feet in size. 712 (2) Buildings in the CB zoning district that exceed 7,500 gross square feet of floor 713 area for a first-floor footprint or in excess of 15,000 gross square feet floor 714 area. 715 f. Parking: The following are the minimum off-street parking requirements unless a 716 lesser requirement is listed in the required off-street parking table in 21A.44. 717 These minimums may be further reduced with the alternatives to minimum 718 parking calculations in 21A.44.050. 719 (1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling 720 unit for all other residential uses. 721 (2) Nonresidential: The minimum number of required off-street parking spaces 722 for the proposed use listed in the required off-street parking table in 21A.44 723 may be reduced by 40%. 724 (3) Existing Parking Below the Minimum: If the existing parking for the eligible 725 building does not meet the minimum off-street parking requirements above, 726 no additional parking shall be required. 727 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required. 728 729 g. Minimum Required Yards: The minimum required yards may apply to the 730 perimeter of the development area and not to the individual lot or parcel within 731 the development area. 732 733 5. Design Standards for New Construction: Unless a stricter design standard related to 734 each of the following is included in the base zone or Chapter 21A.37, the following 735 design standards are required for all zones except single and two-family zoning 736 districts: 737 a. Building Materials: Other than windows and doors, 50% of any street facing 738 facade shall be clad in durable materials. Durable materials include stone, brick, 739 masonry, textured or patterned concrete, fiber cement board or other material that 740 includes a minimum manufacturer warranty of 20 years from color fading, 741 weather, and local climate induced degradation of the material. Other materials 742 may be used for the remainder of the facade facing the street. Other materials 743 proposed to satisfy the durable requirement may be approved at the discretion of 744 the planning director if it is found that the proposed material is durable and is 745 appropriate for the proposed location on the building. 746 b. Glass: The surface area of the façade of each floor facing a street must contain a 747 minimum of 50% glass. If the ground level of the building is occupied by 748 residential uses that face the street the specified minimum glass requirement may 749 be reduced to 25%. 750 c. Maximum Length of a Blank Wall: The maximum length of any blank wall 751 uninterrupted by windows or doors at the ground floor level along any street 752 facing façade is 15 feet. Emergency exit doors and doors to access structured 753 parking or utility equipment shall not count as an interruption. 28 LEGISLATIVE 754 d. Maximum Length of Street Facing Facades: 755 (1) The maximum length of each street facing building facade shall not exceed 756 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts. 757 (2) The maximum length of each street facing building façade shall not 758 exceed 175 feet in all other zoning districts. 759 e. Building Entrances: At least one operable building entrance on the ground floor is 760 required for every street facing facade. Additional operable building entrances 761 shall be required on street facing facades every 40 feet for nonresidential uses and 762 every 75 feet for residential uses. All units adjacent to a public street shall have 763 the primary entrance on the street facing façade of the building with an 764 unenclosed entry porch, canopy or awning feature. 765 f. Garage Doors Facing Street: Garage doors are prohibited on the façade of the 766 building that is parallel to, or located along, a public street. 767 g. Screening of Mechanical Equipment: All mechanical equipment shall be screened 768 from public view and sited to minimize their visibility and impact. Examples of 769 siting include on the roof, enclosed or otherwise integrated into the architectural 770 design of the building, or in a rear or side yard area subject to yard location 771 restrictions found in Section 21A.36.020, Table 21A.36.020B, “Obstructions In 772 Required Yards”. 773 774 6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 775 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of 776 which shall be approved by the city attorney. The restrictive covenant shall be 777 recorded on the property with the Salt Lake County Recorder prior to issuance of a 778 building permit for a building using the incentives. The restrictive covenant shall run 779 with the land and shall provide for the following, without limitation: 780 a. Acknowledge the use of the incentives, the nature of the approval, and any 781 conditions thereof; 782 b. Shall guarantee that the physical elements of the eligible building used to qualify 783 for the incentives shall remain in substantially the same form and exterior features 784 important to the character of the building shall be preserved during the term; 785 c. Projects that apply the incentives to new buildings on the development site shall 786 guarantee retention of the eligible building used to qualify for the incentives for a 787 minimum term of 30 years or, if the eligible building is subject to 21A.34.020, 788 indefinitely unless otherwise permitted by the terms of a certificate of 789 appropriateness after such 30 year period; 790 d. The terms of compliance with all applicable regulations and the city’s potential 791 remedies for any violation of the restrictive covenant. 792 793 7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the 794 property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant 795 to 21A.20. The city shall have additional remedies or financial penalties for violations 796 as identified in the terms of the restrictive covenant required by Subsection 797 21A.52.060.B.6, which shall be reasonably related to enforcement of the 798 requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a 799 violation of the covenant may include liquidated damages representing a reasonable 29 LEGISLATIVE 800 estimate of the value of the incentives, plus other associated damages valued up to 801 20% of the tax assessed value of the preserved building over the three preceding 802 years. 803 804 805 SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That 806 Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall 807 be, and hereby is amended to read as follows: 808 809 21A.55.020: AUTHORITY: 810 A. Administrative Review: The planning director may approve, approve with 811 modifications, deny, or refer to the planning commission modifications to specific 812 zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying 813 provisions in 21A.52.060.B in accordance with the standards and procedures set forth in 814 this chapter and other regulations applicable to the district in which the property is 815 located. 816 817 B. Planning Commission Review: The Pplanning Ccommission may approve planned 818 developments for uses listed in the tables of permitted and conditional uses for each 819 category of zoning district or districts. The approval shall be in accordance with the 820 standards and procedures set forth in this chapter and other regulations applicable to the 821 district in which the property is located. 822 In approving a planned development, the Pplanning Ccommission may change, alter, 823 modify or waive the following provisions of this title: 824 1A. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ccity's 825 subdivision regulations as they apply to the proposed planned development except 826 that the Pplanning Ccommission cannot approve a use that is not allowed in the 827 zoning district in which the planned development is located, with the exception of 828 off-site parking as further described in this section. 829 2B. Off-Site Parking: Off-site pParking within the boundary of a planned development 830 area, but located on a different parcel or lot than the use(s) it is intended to serve, is 831 in zoning districts where off-site parking is not an allowed and not considered off- 832 site parking use. The parking must only serve the uses be located within the planned 833 development area unless otherwise authorized by other provisions of this title. 834 3C. Building Height: Up to five feet (5') of additional building height, except in the FR, 835 R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be 836 approved through the planned development process. 837 4D. Density: Residential planned developments shall not exceed the density limitation 838 of the zoning district where the planned development is proposed except as allowed 839 below. The calculation of planned development density may include open space that 840 is provided as an amenity to the planned development. Public streets located within 30 LEGISLATIVE 841 or adjacent to a planned development shall not be included in the planned 842 development area for the purpose of calculating density. 843 a1. In the RMF Zzoning Ddistricts and on lots 0.20 acres or more in size, 844 developments that change a nonconforming commercial use to a residential use 845 that is allowed in the zoning district are exempt from the density limitations of 846 the zoning district when approved as a planned development. 847 848 SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That 849 Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning 850 Commission Decision) shall be and hereby is amended to read as follows: 851 852 21A.55.030: PLANNING COMMISSION DECISION: 853 854 A. No Presumption Oof Approval: A request for a planned development does not constitute 855 an assurance or presumption that such planned development will be approved. Rather, 856 each proposed planned development shall be evaluated on an individual basis, in relation 857 to its compliance with the standards and factors set forth in this chapter and with the 858 standards for the zoning district in which it is located, in order to determine whether the 859 planned development is appropriate at a particular location. 860 861 B. Approval: The Pplanning Ccommission or planning director in the case of administrative 862 planned developments, may approve a planned development as proposed or may impose 863 conditions necessary or appropriate for the planned development to comply with the 864 standards and factors set forth in this chapter. 865 866 C. Denial: The Pplanning Ccommission or planning director in the case of administrative 867 planned developments, may deny an application for a planned development if it finds that 868 the proposal does not meet the intent of the base zoning district, does not meet the 869 purpose of this chapter, or is not consistent with the standards and factors as set forth in 870 this chapter. 871 872 873 SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That 874 Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures) 875 shall be and hereby is amended to read as follows: 876 877 21A.55.040: PROCEDURES: 878 31 LEGISLATIVE 879 A. Application: An application for a planned development shall be made on an application 880 form prepared by the zoning administrator and accompanied by applicable fees as noted 881 in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible 882 for payment of all mailing fees established for required public noticing. The applicant 883 must file an application for planned development approval with the Planning Director. A 884 complete application shall contain at least the following information submitted by the 885 applicant, unless certain information is determined by the zoning administrator Planning 886 Director to be inapplicable or unnecessary to appropriately evaluate the application. The 887 application submittal shall include one paper copy and one digital copy: 888 889 1. A complete description of the proposed planned development including the zoning 890 regulations being modified in the planned development and the planning objectives 891 being met; 892 2. When the proposed planned development includes provisions for common open space 893 or recreational facilities, a statement describing the provision to be made for the care 894 and maintenance of such open space or recreational facilities; 895 3. A written statement with supporting graphics showing how the proposed planned 896 development is compatible with other property in the neighborhood; 897 4. Plans, as required pursuant to sSection 21A.58.060 of this title, with the exception of 898 the number of copies required; 899 5. Architectural graphics including floor plans, elevations, profiles and cross sections; 900 6. A preliminary subdivision plat, if required; 901 7. Traffic impact analysis, where required by the City Transportation Division; and 902 8. Other information or documentation the zoning administratorPlanning Director may 903 deem necessary for proper review and analysis of a particular application. 904 905 B. Determination Oof Completeness: Upon receipt of an application for a planned 906 development, the zoning administratorPlanning Director shall make a determination of 907 completeness of the application pursuant to sSection 21A.10.010 of this title. 908 909 C. Public Notification and Engagement: 910 911 1. Notice of Application for Administrative Review: Prior to the approval of an 912 application that qualifies for administrative review, the planning director shall 913 provide written notice as provided in Chapter 21A.10.020.B. 914 915 2. Required Notice for Planning Commission Review: 916 a. Applications subject to planning commission review are subject to the notification 917 requirements of Chapter 2.60. 918 b. Any required public hearing is subject to the public hearing notice requirements 919 found in Chapter 21A.10. 920 921 Staff Report: Upon completing a site plan review and receiving recommendations from 922 applicable City department(s)/division(s), a staff report evaluating the planned development 923 application shall be prepared by the Planning Division and forwarded to the applicant and the 924 Planning Commission. 32 LEGISLATIVE 925 926 D. Public Hearing: The Planning Commission shall hold a public hearing to review the 927 planned development application in accordance with the standards and procedures set 928 forth in chapter 21A.10 of this title. 929 930 E. Planning Commission Action: Following the public hearing, the Planning Commission 931 shall decide, on the basis of the standards contained in section 21A.55.050 of this chapter 932 whether to approve, approve with modifications or conditions, or deny the application. 933 934 F. Notification Of Decision: The Planning Director shall notify the applicant of the decision 935 of the Planning Commission in writing, accompanied by one copy of the submitted plans 936 marked to show such decision and a copy of the motion approving, approving with 937 modifications, or denying the development plan application. 938 939 940 SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That 941 Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for 942 Planned Developments) shall be, and hereby is amended, as to the preamble only with 943 Subsections A through G unchanged: 944 945 21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS: 946 947 The Pplanning Ccommission, or the planning director in the case of an administrative planned 948 development, may approve, approve with conditions, or deny a planned development based upon 949 written findings of fact according to each of the following standards. It is the responsibility of the 950 applicant to provide written and graphic evidence demonstrating compliance with the following 951 standards: 952 953 954 SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That 955 Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the 956 Planning Commission Decision) shall be and hereby is amended to read as follows: 957 958 21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION: 959 Any person adversely affected by a final decision of the Pplanning Ccommission or planning 960 director in the case of administrative planned developments, on an application for a planned 961 development may appeal to the Aappeals Hhearing Oofficer in accordance with the provisions 33 LEGISLATIVE 962 of cChapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome 963 of the appeal, except as provided for under sSection 21A.16.030F of this title. 964 965 SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That 966 Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on 967 Approved Planned Development) shall be and hereby is amended to read as follows: 968 969 21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT: 970 No planned development approval shall be valid for a period longer than one year unless a 971 building permit has been issued or complete building plans have been submitted to the Division 972 of Building Services and Licensing. The Pplanning Ccommission or planning director in the case 973 of an administrative planned development, may grant an extension of a planned development for 974 up to one additional year when the applicant is able to demonstrate no change in circumstance 975 that would result in an unmitigated impact. Extension requests must be submitted prior to the 976 expiration of the planned development approval. 977 978 SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That 979 Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of 980 Approval of Planned Development) shall be and hereby is amended to read as follows: 981 982 21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT: 983 The approval of a proposed planned development by the Pplanning Ccommission or planning 984 director in the case of an administrative planned development, shall not authorize the 985 establishment or extension of any use nor the development, construction, reconstruction, 986 alteration or moving of any building or structure, but shall authorize the preparation, filing and 987 processing of applications for any permits or approvals that may be required by the regulations 988 of the Ccity, including, but not limited to, a building permit, a certificate of occupancy and 989 subdivision approval. 990 991 SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That 992 Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications 993 to Development Plan) shall be and hereby is amended to read as follows: 34 LEGISLATIVE 994 995 21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN: 996 Following planned development approval, the development plan approved by the Pplanning 997 Ccommission or planning director in the case of an administrative planned development, shall 998 constitute the site design in relation to building placement and design, landscaping, mobility and 999 circulation elements, and any elements that were approved as zoning modifications through the 1000 planned development process. Modifications to the development plan may be allowed pursuant 1001 to this section. 1002 A. New Application Required Ffor Modifications Aand Amendments: No substantial 1003 Mmodifications or amendments shall be made in the construction, development or use 1004 without a new application under subject to the provisions of this section.title. Minor 1005 modifications or amendments may be made subject to written approval of the Planning 1006 Director and the date for completion may be extended by the Planning Commission upon 1007 recommendation of the Planning Director. 1008 B. Minor Modifications: The Pplanning Ddirector may authorize minor modifications to the 1009 approved development plan pursuant to the provisions for modifications to an approved 1010 site plan as set forth in chapter 21A.58 of this title when such modifications appear 1011 necessary in light of technical or engineering considerations necessary to comply with an 1012 adopted building, fire, or engineering code or standard or when the modification complies 1013 with the applicable standards in the underlying zoning district or overlay district. Such 1014 minor modifications shall be limited to the following elements: 1015 1. Adjusting the distance as shown on the approved development plan between any 1016 one structure or group of structures, and any other structure or group of structures, 1017 or any vehicular circulation element or any boundary of the site; 1018 2. Adjusting the location of any open space; 1019 3. Adjusting any final grade; 1020 4. Altering the types of landscaping elements and their arrangement within the 1021 required landscaping buffer area; 1022 5. Signs; 1023 6. Relocation or construction of accessory structures that comply with the provisions 1024 of 21A.40 and any applicable accessory structure regulations; or 1025 7. Additions which comply with the lot and bulk requirements of the underlying 1026 zone. 1027 Such minor modifications shall be consistent with the intent and purpose of this title and 1028 the development plan as approved pursuant to this chapter and shall be the minimum 1029 necessary to overcome the particular difficulty comply with the standards of the 1030 underlying zoning district or the applicable building, fire, or engineering code or standard 35 LEGISLATIVE 1031 and shall not be approved if such modifications would result in a violation of any 1032 standard or requirement of this title. A minor modification shall not be approved if the 1033 modification reduces a required building setback, authorizes an increase in lot coverage, 1034 or increases building height. 1035 C. Major Modifications: Any modifications to the approved development plan not 1036 authorized by sSubsection B of this section shall be considered to be a major 1037 modification. The Pplanning Ccommission or planning director in the case of an 1038 administrative planned development, shall give notice to all property owners consistent 1039 with notification requirements located in chapter 21A.10 of this title. The Pplanning 1040 Ccommission or planning director in the case of an administrative planned development, 1041 may approve an application for a major modification to the approved development plan, 1042 not requiring a modification of written conditions of approval or recorded easements, 1043 upon finding that any changes in the plan as approved will be in substantial conformity 1044 with the approved development plan. If the commission or planning director in the case 1045 of an administrative planned development, determines that a major modification is not in 1046 substantial conformity with the approved development plan, then the commission or 1047 planning director in the case of an administrative planned development, shall review the 1048 request in accordance with the procedures set forth in this section. 1049 D. Other Modifications: Any modification to the planned development that complies with 1050 the standards of the underlying zoning district or overlay zoning district is allowed 1051 provided the modification does not violate a condition of approval or other requirement 1052 placed on the planned development as part of the approval of the application and required 1053 permits and approvals are obtained. 1054 1055 SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That 1056 Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority: 1057 Administrative Review) shall be, and hereby is amended to read as follows: 1058 A. Administrative Review: The planning director may approve, approve with modifications, 1059 deny or refer to the planning commission modifications to specific design standards when 1060 proposed as new construction, an addition or modification to the exterior of an existing 1061 structure, or a modification to an existing structure as authorized in Section 21A.59.040, 1062 Table 21A.59.040 of this chapter or when authorized in the specific zoning district 1063 elsewhere in this title. 1064 1. The director shall approve a request to modify a design standard if the director 1065 finds that the proposal complies with the purpose of the individual zoning district, 1066 the purpose of the individual design standards that are applicable to the project, 1067 the proposed modification is compatible with the development pattern of other 1068 buildings on the block face or on the block face on the opposite side of the street, 36 LEGISLATIVE 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 and the project is compliant with the applicable design review objectives (Section 21A.59.050 of this chapter). 2. The director may approve a request to modify a design standard with conditions or modifications to the design if the director determines a modification is necessary to comply with the purpose of the base zoning district, the purpose of the applicable design standards of the base zoning, to achieve compatibility with the development pattern of other buildings on the block face or on the block face on the opposite side of the street, or to achieve the applicable design review objectives. 3. The director shall deny a request to modify a design standard if the design does not comply with the purpose of the base zoning district, the purpose of the applicable design standards or the applicable design review objectives and no modifications or conditions of approval can be applied that would make the design comply. 4. The director may forward a request to modify a design standard to the planning commission if the director finds that the request for modification is greater than allowed by this chapter, a person receiving notice of the proposed modification can demonstrate that the request will negatively impact their property, or at the request of the applicant if the director is required to deny the request as provided in this section. SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That 1091 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall 1092 be, and hereby is amended to read as follows: 1093 a. Amending the definition of “ADAPTIVE REUSE OF A LANDMARK 1094 BUILDING.” That the definition shall be amended to read as follows: 1095 1096 1097 1098 1099 1100 1101 ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF A LANDMARK BUILDINGS: The process of reusing a building for a purpose other than which it was built or designed for landmark buildings original use is no longer feasible. Other land uses, in addition to those specifically listed in the land use tables, may be allowed as a permitted or conditional use subject to the provisions in Subsection 21A.52.060.A. b. Amending the definition of “PARKING, OFF SITE.” That the definition of 1102 “PARKING, OFF SITE” shall be amended to read as follows: 37 LEGISLATIVE 1103 PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is 1104 located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within 1105 the boundary of a planned development that only serves uses within the planned development 1106 area is not considered off-site parking. 1107 c. Repealing the definition “HOUSE MUSEUM IN A LANDMARK SITE” as 1108 follows: 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 HOUSE MUSEUM IN LANDMARK SITE: A dwelling unit which is converted from its original principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or historic purposes. Such museum should include a staff who commands an appropriate body of special knowledge necessary to convey the historical, aesthetic or architectural attributes of the building and its collections to the general public. Such staff should also have the ability to reach museological decisions consonant with the experience of his or her peers and have access to and acquaintance with the literature of the field. Such museum should maintain either regular hours or be available for appointed visits such that access is reasonably convenient to the public. SECTION 15. Effective Date. This Ordinance shall become effective on the date of its 1119 first publication. 1120 1121 1122 1123 1124 2024. Passed by the City Council of Salt Lake City, Utah, this day of , CHAIRPERSON 1125 1126 1127 ATTEST AND COUNTERSIGN: 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 CITY RECORDER Transmitted to Mayor on . Mayor’s Action: Approved. Vetoed. MAYOR 1139 1140 1141 1142 CITY RECORDER (SEAL) 38 LEGISLATIVE 1143 Bill No. of 2024. 1144 Published: . 1145 Adaptive Reuse Preservation Incentives_Opt1(legislative)v1 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 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. 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 MEMORANDUM PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS Please contact me at 385-214-5311or michaela.oktav@slc.gov.com if you have any questions. TI1ank you. C-011cm·rence to initiate tlte zoning text amendment petition as noted aboue. 02/16/2023 Erin Mendenhall, Mayor Date •Page2 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 _______________ ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL jill love 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. 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 Preservation of a Principal Building – 21A.52.060.B (“B Incentives”) 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. 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) 1 LEGISLATIVE 1 SALT LAKE CITY ORDINANCE 2 No. of 2024 3 4 (Amending the zoning text of various sections of Title 21A of the Salt Lake City Code 5 pertaining to zoning incentives for adaptive reuse and preservation of buildings) 6 7 An ordinance amending the text of various sections of Title 21A of the Salt Lake City 8 Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to 9 Petition No. PLNPCM2023-00155. 10 WHEREAS, on February 28, 2024, the Salt Lake City Planning Commission (“Planning 11 Commission”) held a public hearing on a petition submitted by Salt Lake City Mayor, Erin 12 Mendenhall to amend the zoning code pertaining to zoning incentives for adaptive reuse and 13 preservation of buildings (Petition No. PLNPCM2023-00155); and 14 WHEREAS, at its February 28, 2024 meeting, the Planning Commission voted in favor 15 of forwarding a positive recommendation to the Salt Lake City Council on said petition; 16 WHEREAS, after a public hearing on this matter the City Council has determined that 17 adopting this ordinance is in the city’s best interests. 18 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 19 20 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.10.015.A. That 21 Subsection 21A.10.015.A of the Salt Lake City Code (Zoning: General Application, Public 22 Engagement, and Public Noticing Procedures: Public Engagement: Land Use Projects Subject to 23 Public Engagement) shall be, and hereby is amended to read as follows: 24 A. Land Use Projects Subject to Public Engagement: The following are considered land use 25 projects for purposes of this chapter and are subject to the public engagement process and 26 requirements herein: 27 28 1. Request for an alley/street closure or vacation; 29 2. Amendments to Title 21A; 30 3. Conditional use applications; 2 LEGISLATIVE 31 4. Design review applications, that are subject to review by the planning commission as 32 provided in Chapter 21A.59; 33 5. Applications to demolish one or more landmark sites or contributing structures 34 located within a local historic district; 35 6. Master plans, including amendments, to be adopted by the city council; 36 7. Requests for certificates of appropriateness required for new construction of principal 37 structures, except for single family and two family dwellings; 38 8. Planned development applications that are subject to review by the planning 39 commission as provided in Chapter 21A.55; and 40 9. Zoning map amendments. 41 42 43 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That 44 Subsection 21A.10.020.B of the Salt Lake City Code (Zoning: General Application, Public 45 Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special 46 Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to 47 read as follows: 48 B. Special Noticing Requirements for Administrative Approvals: 49 50 1. Notice of Application for Design Review and Planned Development: 51 52 a. Notification: At least twelve (12) days before a land use decision is made for an 53 administrative design review application as authorized in Chapter 21A.59 of this 54 title, or an administrative planned development as authorized by Chapter 21A.55 55 of this title, the planning director shall provide written notice to the following: 56 (1) All owners and identifiable tenants of the subject property, land abutting the 57 subject property, and land located directly across the street from the subject 58 property. In identifying the owners and tenants of the land the city shall use 59 the Salt Lake City geographic information system records. 60 (2) Recognized community organization(s) in which the subject property is 61 located. 62 63 b. Contents of the Notice of Application: The notice shall generally describe the 64 subject matter of the application, where the public may review the application, the 65 expected date when the planning director will authorize a final land use decision, 66 and the procedures to appeal the land use decision. 67 68 c. End of Notification Period: If the planning director receives comments identifying 69 concerns related to the design review application not complying with the 70 requirements of Chapter 21A.59, or the planned development not complying with 3 LEGISLATIVE 71 the requirements of Chapter 21A.55, the planning director may refer the matter to 72 the planning commission for their review and decision on the application. 73 74 75 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.S. That 76 Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General 77 Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby 78 is amended to read as follows: 79 80 S. Compliance with Noise Regulations Required: Any construction work in residential zoning 81 districts shall comply with Section 9.28.040, “Noises Prohibited.”Adaptive Reuse Of A 82 Landmark Building In Residential Districts: 83 1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a residential 84 district is to preserve landmark sites as defined in subsection 21A.34.020B of this title. In some 85 instances these sites have outlived their original use due to economic conditions, size of the 86 building, and/or a substantial degree of deterioration of the historic property. Such sites, 87 however, still contribute to the welfare, property and education of the people of Salt Lake City 88 because of their historic, architectural or cultural significance. The Planning Commission shall 89 consider the allowance of a nonresidential use of a landmark site in a residential district 90 according to the qualifying provisions outlined in subsection S2a of this section and pursuant 91 to chapter 21A.54 of this title, in order to ensure that the residential character of the surrounding 92 environment is preserved. 93 2. Conditional Use Required: Where authorized by this title as shown in 94 section 21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of 95 this title, landmark sites in any residential district may be used for certain nonresidential uses. 96 a. Qualifying Provisions: In order to qualify for conditional use review by the 97 Planning Commission under section 21A.54.080, "Standards For Conditional Uses", of 98 this title, the applicant must demonstrate compliance with the following: 99 (1) The building is designated as a landmark site on the Salt Lake City 100 register of cultural resources. The designation process must be completed prior to the 101 City accepting a conditional use application for the structure unless the Planning 102 Director determines that it is in the best interest of the City to process the designation 103 and conditional use applications together. 104 (2) The landmark building shall have a minimum of seven thousand (7,000) 105 square feet of floor area, excluding accessory buildings. 106 (3) The new use will require minimal change as these features are important 107 in defining the overall historic character of the building and environment. 108 (4) The use is conducive to the preservation of the landmark site. 4 LEGISLATIVE 109 (5) Significant archaeological resources affected by the project shall be 110 protected and preserved. If such resources must be disturbed, mitigation measures 111 shall be undertaken. 112 (6) The use is compatible with the surrounding residential neighborhood. 113 (7) Distinctive features, finishes, and construction techniques or examples of 114 craftsmanship that characterize the property shall be preserved. 115 (8) The use does not result in the removal of residential characteristics of the 116 structure or site including mature landscaping. 117 (9) The change in use from residential to nonresidential is necessary due to 118 the excessive size of the landmark site for residential uses allowed in the residential 119 district, and/or demonstration that the building cannot reasonably be used for its 120 original intended use. 121 (10) The proposed use will not have a material net cumulative adverse 122 impact on the neighborhood or the City as a whole by considering the following: 123 (A) The spatial distribution of: 124 (i) Business licenses issued for properties located within three 125 hundred feet (300') of any property line and the block frontage on both sides 126 of the street between 100 series addresses; and 127 (ii) Previously approved conditional uses for nonresidential uses 128 in landmark sites within the same planning community, as shown on a map of 129 planning communities maintained by the Zoning Administrator. 130 (B) Impacts on neighboring properties including, but not limited to: 131 (i) Traffic; 132 (ii) Parking; 133 (iii) Signs; 134 (iv) Lighting; 135 (v) Removal of landscaping; and 136 (vi) For the purposes of evaluating subsections S2a(10)(B)(i) 137 through S2a(10)(B)(v) of this section, professionally prepared impact studies 138 shall not be required unless specifically requested by the Zoning 139 Administrator; 140 (vii) Noise, fumes or odors; 141 b. Credit For On Street Parking: Some or all of the off street parking spaces 142 required in section 21A.44.030 of this title may be met by the provision of on street 143 spaces. Such credit shall require the site plan review approval. Requests for on street 144 parking shall meet the following requirements: 5 LEGISLATIVE 145 (1) All on street parking facilities shall be designed in conformance with the 146 standards established by the City Transportation Engineer; 147 (2) Prior to approving any requests for on street parking, the development 148 review team shall determine that the proposed on street parking will not materially 149 adversely impact traffic movements and related public street functions; and 150 (3) Credit for on street parking shall be limited to the number of spaces 151 provided along the street frontage adjacent to the use. 152 153 SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That 154 Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General 155 Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its 156 entirety as follows: 157 158 W. Compliance With Noise Regulations Required: Any construction work in residential 159 zoning districts shall comply with section 9.28.040, "Noises Prohibited", of this Code. 160 161 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6. 162 That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF- 163 35 Moderate Density Multi-Family Residential District: Minimum Yard Requirements: Existing 164 Yards) shall be, and hereby is amended to read as follows: 165 6. Existing Yards: For buildings legally existing on April 12, 1995, the required yard 166 shall be no greater than the established setback line of the existing building unless the 167 proposed yard encroachment is to accommodate additional units. New principal 168 buildings must conform to current yard area requirements, unless the new principal 169 two-family dwelling or twin home has legal conforming status as outlined in 170 section 21A.38.070 of this title. 171 172 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.160.D. That 173 Subsection 21A.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB 174 Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is 6 LEGISLATIVE 175 amended only to eliminate the Land Use “A single dwelling unit located above first floor retail 176 or office uses” from the table in said subsection, with no other changes to the table: 177 178 179 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That 180 Subsection 21A.24.180.I of the Salt Lake City Code (Zoning: Residential Districts: RO 181 Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand 182 Square Feet) shall be, and hereby is amended to read as follows: 183 I. Offices iIn Existing Buildings oOn Lots Less Than Twenty Thousand Square Feet: 184 Offices occupying existing buildings are permitted on a five thousand (5,000) square foot 185 minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of 186 the existing building footprint or that exceed the height of the existing building shall be 187 subject to design review (chapter 21A.59 of this title) unless the existing building is using 188 the incentives in 21A.52.060. 189 190 SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That 191 Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General 192 Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the 193 CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is 194 repealed in its entirety as follows: 195 196 K. Bed And Breakfast Establishments And Reception Centers In Landmark Sites In The CN 197 Neighborhood Commercial And CB Community Business Districts: 198 1. Conditional Use Required: Where not otherwise authorized by this title and after 199 conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this 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 7 LEGISLATIVE 200 title, landmark sites in a CN or CB District may be used for a bed and breakfast 201 establishment or reception center subject to the following standards: 202 a. Standards: In addition to the standards for conditional uses, section 21A.54.080 of 203 this title, the Planning Commission shall find the following: 204 (1) The structure is designated as a landmark site on the Salt Lake City Register of 205 Cultural Resources. The designation process must be completed prior to the City 206 accepting a conditional use application for the structure unless the Planning 207 Director determines that it is in the best interest of the City to process the 208 designation and conditional use applications at the same time because of the risk 209 of probable demolition; 210 (2) The use is conducive to the preservation of the landmark site; 211 (3) The use is compatible with the surrounding residential neighborhood; and 212 (4) The use does not result in the removal of residential characteristics of the 213 structure (if the structure is a residential structure), including mature landscaping. 214 b. Condition Of Approval: A preservation easement in favor of the City shall be placed 215 upon the landmark site. 216 217 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 218 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 219 Conditional Uses for Residential Districts) shall be amended only as to the use categories “Adaptive 220 reuse of a landmark site”, “Dwelling, multi-family” and “Mixed use development” and to repeal 221 only the use category “Temporary use of closed schools and churches”, with no other changes to the 222 table, which aforementioned use categories shall read and appear in that table as follows: 8 223 Permitted And Conditional Uses By DistrictUse 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 LEGISLATIVE 9 LEGISLATIVE 225 226 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the 227 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Residential 228 Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 229 Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to 230 notes “1”, “6”, “8” and “19” which shall appear in numerical order with the other notes and read as 231 follows: 232 1. Reserved. A single apartment unit may be located above first floor retail/office. 233 234 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 235 percent of the building's footprint. Building additions greater than 50 percent of the 236 building's footprint or new office building construction are subject to a design review 237 unless the building qualifies for the incentives in 21A.52.060. 238 239 8. Subject to conformance with the provisions of sSubsection 21A.52.060.A 21A.24.010S 240 of this title. 241 242 19. Reserved. Subject to section 21A.36.170 of this title. 243 244 245 246 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 247 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 248 Conditional Uses for Commercial Districts) shall be amended only as to the use category “Bed and 249 breakfast” and to repeal only the use categories “Adaptive reuse of a landmark site”, “House 250 museum in landmark sites” and “Offices and reception centers in landmark sites”, with no other 251 changes to the table, which aforementioned use categories shall read and appear in that table as 252 follows: 253 254 255 Permitted and Conditional Uses by DistrictUse 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 257 258 259 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.030. That the 260 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Commercial 261 Districts of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 262 Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only as to 263 note “3” which shall appear in numerical order with the other notes and read as follows: 264 3. Reserved. When located in a building listed on the Salt Lake City register of cultural 265 resources (see subsections 21A.26.010S and 21A.26.010K of this title). 266 267 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 268 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 269 Conditional Uses for Transit Station Area Districts) is amended only to repeal the use categories 270 “Adaptive reuse of a landmark site”, “House museum in landmark sites” and “Offices and reception 271 centers in landmark sites”, in the Table of Permitted and Conditional Uses for Transit Station Area 272 Districts, with no other changes to the table, as follows: 11 LEGISLATIVE 273 Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Use 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 274 275 276 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section 277 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 278 Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category 279 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for 280 Manufacturing Districts, with no other changes to the table, as follows: Permitted and Conditional Uses by DistrictUse M-1 M-2 Adaptive reuse of a landmark site C C7 281 12 LEGISLATIVE 282 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the 283 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Manufacturing 284 Districts of Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 285 Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as 286 to note “7” which shall appear in numerical order with the other notes and read as follows: 287 7. Reserved. Building additions on lots less than 20,000 square feet for office uses may not 288 exceed 50 percent of the building's footprint. Building additions greater than 50 percent 289 of the building's footprint or new office building construction are subject to a design 290 review. 291 292 SECTION 16. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 293 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 294 Conditional Uses for Downtown Districts) shall be amended only to repeal the use category 295 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for Downtown 296 Districts, with no other changes to the table, as follows: Permitted and Conditional Uses by DistrictUse D-1 D-2 D-3 D-4 Adaptive reuse of a landmark site P P P P4 298 299 SECTION 17. Amending the text of Salt Lake City Code Section 21A.33.050. That the 300 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Downtown 301 Districts of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 302 Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only as to 303 note “4” which shall appear in numerical order with the other notes and read as follows: 304 4. Reserved. Building additions on lots less than 20,000 square feet for office uses may not 305 exceed 50 percent of the building's footprint. Building additions greater than 50 percent 13 LEGISLATIVE 306 of the building's footprint or new office building construction are subject to a design 307 review (chapter 21A.59 of this title). 308 309 SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 310 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 311 Conditional Uses in the Gateway District) shall be amended only to repeal the use category 312 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses in the Gateway 313 District, with no other changes to the table, as follows: Use G-MU Adaptive reuse of a landmark site P 314 315 SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 316 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 317 Conditional Uses for Special Purpose Districts) shall be amended only for the use categories 318 “Adaptive reuse of a landmark site” and “Dwelling: Multi-family”, in the Table of Permitted and 319 Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows: 14 320 Permitted and Conditional Uses by DistrictUse 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 LEGISLATIVE 15 LEGISLATIVE 322 323 SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the 324 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Special Purpose 325 Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 326 Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only 327 as to note “2” which shall appear in numerical order with the other notes and read as follows: 328 2. Subject to conformance with the provisions of Subsection 21A.52.060.A. When located 329 in a building listed on the Salt Lake City Register of Cultural Resources. 330 331 SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 332 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 333 Conditional Uses in Form Based Districts) shall be amended only as to the use categories “Adaptive 334 reuse of a landmark site”, “Dwelling: Multi-family”, and “Reception center” and to repeal only the 335 use categories “House museum in a landmark”, and “Office and/or reception center in a landmark 336 site”, in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes 337 to the table, as follows: Permitted and Conditional Uses by DistrictUse FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE Adaptive reuse for additional uses in eligible of a landmark buildings C9 P Dwelling: Multi-family P9 P P P P House museum in landmark site P P P P P Office and/or Reception center in a landmark site P P P P Reception center P P P P 338 339 16 LEGISLATIVE 340 SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the 341 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses in Form Based 342 Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 343 Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note 344 “9”, which shall appear in numerical order with the other notes and read as follows: 345 9. Subject to conformance with the provisions of Subsection 21A.52.060.A. 346 347 SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section 348 21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School 349 Buildings) is hereby repealed in its entirety as follows: 350 21A.36.170: RESERVEDUSE OF CHURCH AND SCHOOL BUILDINGS: 351 A. Change Of Use: In the PL, PL-2, I, UI or any residential district, a change of use of 352 any church or school to a use that is allowed as a permitted use or conditional use in the zoning 353 district may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this 354 title. 355 B. Temporary Use Of Closed Schools And Churches; Authorized As Conditional Use: The 356 temporary use of closed schools and churches may be allowed as a conditional use pursuant to 357 the provisions of chapter 21A.54 of this title, in the zoning districts indicated in the land use 358 tables of this title, provided that: 359 1. Use: The temporary use is for office space or educational purposes for public or private 360 charities. 361 2. Application: The application for a temporary use of a closed school or church shall 362 include, in addition to the application submission requirements of chapter 21A.54 of this title, the 363 following information: 364 a. Building Plans: As part of the application, the applicant shall provide a site plan drawn 365 to scale showing existing structures, auxiliary buildings, existing 366 parking and landscaping, and any proposed changes to the site. In converting the existing facility 367 to the proposed conditional use, no major exterior or interior alterations of the building shall be 368 made which render the building incompatible with a return to its use as a school or church; and 369 b. Use Plan: A proposed use plan including: 17 LEGISLATIVE 370 (1) Hours and days of operation, 371 (2) Evidence of noise, odor or vibration emissions, 372 (3) Evidence of the number of classes, including hours taught, days taught, and the 373 expected class size, 374 (4) Average number of clients per day and the frequency of turnover of the clients, and 375 (5) Number of employees, staff or volunteers, both total and expected to be on the 376 premises at any given time. 377 3. Prohibition: No provision of this section shall be construed to allow any use in a 378 closed school or church for retail, residential or industrial purposes, or any use involving any 379 type of correctional or institutional facility. 380 4. Ownership: The School Board or church shall remain the owner of the property during 381 the period of time for which the conditional use is granted and any change of ownership away 382 from the School Board or church shall immediately cause the conditional use to terminate. 383 5. Automatic Termination Of Use: If the School Board or church group determines that no 384 future public or religious use will be made of the building as a public school or church, the 385 conditional use as granted under this section shall immediately cease and the property shall 386 thereafter be used only for uses permitted in the zoning district. 387 6. Temporary Use: The conditional use provided by this section shall be temporary only. 388 The time of such use shall be subject to the decision of the Planning Commission based on its 389 consideration of the criteria specified in subsection B7 of this section. The Planning Commission 390 may authorize the conditional use for a period not to exceed five (5) years, which may be 391 renewed for additional periods not in excess of five (5) years. 392 7. Termination For Excess Use: If the Planning Commission determines that the conditional 393 use is being used substantially in excess of the plan for use submitted pursuant to subsection B2b 394 of this section, the Planning Commission may, after an informal hearing, revoke the conditional 395 use if it determines that the excess use is having a negative impact on the neighborhood. 396 397 SECTION 24. Amending the text of Subsection 21A.44.060.A.1 That Subsection 398 21A.44.060.A.1 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading: 399 Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building 400 Served), shall be and hereby is amended to read as follows: 401 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required 402 to serve buildings or uses erected or established after the effective date of this 403 ordinance shall be located on the same lot or parcel as the building or use served, 18 LEGISLATIVE 404 unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, "Off-Site Parking 405 Permitted", or 21A.55.020, “Planned Developments – Authority”. 406 407 SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That 408 Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall 409 be, and hereby is amended to read as follows: 410 411 21A.52.020 APPLICABILITY: 412 A. This chapter applies as indicated within each subsection. 413 B. The planned development process in Chapter 21A.55 is not required as indicated within 414 this chapter. 415 C. The administrative planned development process in Chapter 21A.55, and the 416 administrative design review process in Chapter 21A.59 may be applicable as indicated 417 within this chapter. 418 419 SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That 420 Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base 421 Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as 422 follows: 423 424 21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY 425 ZONING DISTRICTS: 426 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district 427 standards and requirements take precedence except as indicated in this section. 428 429 SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That 430 Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process) 431 shall be, and hereby is amended to read as follows: 432 433 21A.52.040: APPROVAL PROCESS: 19 LEGISLATIVE 434 Unless specifically exempted or modified by this chapter, all requirements of this title shall 435 apply. 436 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a 437 zoning incentives application and provide the following information: 438 1. The applicant's name, address, telephone number and interest in the property to which 439 the incentives shall apply; 440 2. The owner's name, address and telephone number, if different than the applicant, and 441 the owner's signed consent to the filing of the application; 442 3. The street address, tax parcel number and legal description of the subject property; 443 4. The zoning classification, zoning district boundaries and present use of the subject 444 property; 445 5. The location of all existing and proposed buildings and structures, accessory and 446 principal, showing the number of stories and height, dwelling type, if applicable, 447 major elevations and the total square footage of the floor area by proposed use and 448 any additional information required for site plan review set forth in Chapter 21A.58; 449 6. The total number of dwelling units in the project, the number of affordable units, the 450 number of bedrooms in the affordable units, the location of the affordable units, and 451 level of affordability; and 452 7. Any additional information required by Chapter 21A.59 design review or 21A.55 453 planned development, to demonstrate compliance with the requirements of this 454 chapter, as applicable; and 455 8. Any additional information the zoning administrator deems necessary to demonstrate 456 compliance with this chapter. 457 B. Preliminary approval shall authorize the preparation, filing and processing of applications 458 for any permits or approval that may be required by the city, including, but not limited to, 459 a building permit. Notwithstanding the foregoing, no permits shall be issued until final 460 approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a 461 period of one year unless complete building plans have been submitted to the Division of 462 Building Services. 463 C. Administrative design review and administrative planned development, where applicable, 464 shall be exempt from the application fees and noticing fees otherwise required pursuant 465 to Chapters 21A.59 and 21A.55. 466 D. Following the approval of any administrative design review or planned development 467 application, any future alteration to the property, building or site shall comply with the 468 approved design review application unless a modification is approved subject to the 469 process outlined in Chapters 21A.59 and 21A.55, as applicable. 470 E. Final approval shall occur following the recording of the restrictive covenant. 471 F. Preliminary and final approvals shall be administrative approvals by the planning director 472 or the planning director's designee. 473 474 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That 475 Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable 476 Housing Incentives: Purpose) shall be and hereby is amended to read as follows: 20 LEGISLATIVE 477 478 21A.52.050 AFFORDABLE HOUSING INCENTIVES: 479 A. Purpose: The incentives set forth in this section chapter are intended to encourage the 480 development of affordable housing. The provisions within this section are intended to 481 facilitate the construction of affordable housing by allowing more inclusive development 482 than would otherwise be permitted in the base zoning districts. Housing constructed using 483 the incentives is intended to be compatible in form with the neighborhood and provide for 484 safe and comfortable places to live and play. 485 486 SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3. 487 That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives: 488 Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows: 489 490 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General 491 Commercial, and I Institutional Zoning Districts: 492 a. The following housing types: row houses, sideways row houses, and cottage 493 developments are authorized provided the affordability requirements in 494 subsection b. are complied with;. 495 b. The minimum open space requirements in the I Institutional zoning district do 496 not apply. 497 c. To be eligible for the incentives listed in this subsection 3a., a development shall 498 meet the affordability requirements for Type C in Table 21A.52.050.G. 499 500 SECTION 30. Amending the text of Salt Lake City Code Chapter 21A.52. That Chapter 501 21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended 502 to add a new Section 21A.52.060, with no other revisions to the chapter, to read as follows: 503 21A.52.060: BUILDING PRESERVATION INCENTIVES: 504 The provisions in this section provide optional incentives to development projects that include 505 the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may 506 be combined with the incentives outlined in Subsection 21A.52.060.B. 507 A. Adaptive Reuse for Additional Uses in Eligible Buildings: 508 509 1. Purpose: To allow additional land uses in buildings that generally contribute to the 510 character of the city so they can be redeveloped for economically viable uses. These 21 LEGISLATIVE 511 buildings may be underutilized or have outlived their original use due to economic 512 conditions, size of the building, a substantial degree of deterioration of the property, 513 or other factors. Eligible buildings may hold historical or cultural significance or 514 contribute to the existing neighborhood fabric through their architectural features, 515 size, or previous use. 516 517 2. Applicability: The incentives in this subsection apply to adaptive reuse of a building 518 that meets the eligibility standards in 21A.52.060.A.3. 519 520 3. Eligibility Standards: 521 a. The following buildings are eligible for the incentives in this subsection: 522 (1) Landmark Sites; 523 (2) Buildings individually listed on the National Register of Historic Places; 524 (3) Buildings designed and formerly used for schools, hospitals, places of 525 worship, or other similar institutional uses; and 526 (4) Buildings that the planning director has deemed significant based on the 527 structure’s association with events that have contributed to broad patterns of 528 history, association with lives of persons important in the city’s past, or 529 displays distinctive characteristics of a type, period, or method of 530 construction. 531 b. Exterior features that are important in defining the overall character of the 532 building shall be retained. 533 c. Exterior alterations to the eligible building shall meet the standards in 534 21A.34.020.G. 535 d. The proposed use is conducive to the preservation of the building. 536 e. A change of use to a residential use is not permitted in the OS (Open Space) 537 zoning district. 538 f.If the eligible building is located in a residential zoning district, and the existing 539 use is residential, a change of use to nonresidential is not permitted. 540 g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate 541 of Appropriateness in accordance with 21A.34.020. 542 4. Incentives: 543 a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use 544 may be allowed as a permitted or conditional use in zoning districts where 545 Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use 546 tables in Chapter 21A.33, subject to the provisions in this subsection and any 547 specific provisions applicable to the use in this title. Any conditional use shall be 548 reviewed pursuant to the procedures and standards outlined in Chapter 21A.54. 549 (1) Prohibited Uses: A change of use to one of the following uses is prohibited: 550 Ambulance services (indoor and outdoor), amusement park, auditorium, bio- 551 medical facility, bus line station/terminal, bus line yard and repair facility, car 552 wash, check cashing/payday loan business, community correctional facility 553 (large and small), contractor’s yard/office, drive-through facility associated 554 with any use, equipment rental (indoor and outdoor), gas station, heliport, 555 hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind 556 energy system, laundry and dry cleaning establishments, limousine service 22 LEGISLATIVE 557 (large and small), heavy manufacturing, pet cemetery, recycling collection 558 station, sexually oriented business, sign painting/fabrication, storage 559 (outdoor), public storage (outdoor), wireless telecommunications facility, 560 homeless resource centers, and any other uses that are only allowed in the 561 manufacturing districts. 562 b. Parking and Loading: The following are the minimum off-street parking and 563 loading requirements for the eligible building. These minimums may be further 564 reduced with the alternatives to minimum parking calculations in 21A.44.050. 565 (1) Multi-Family: 0.5 off-street parking space per dwelling unit is required; 566 (2) Nonresidential: The minimum number of required off-street parking spaces 567 for the proposed use listed in the general context of the required off-street 568 parking table in 21A.44 may be reduced by 40%; 569 (3) Existing Parking Below the Minimum: If the existing parking for the eligible 570 building does not meet the minimum off-street parking requirements above, 571 no additional parking shall be required; 572 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required. 573 c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements 574 of the zoning district do not apply for the adaptive reuse in all zoning districts. In 575 the RMF-30 zoning district, the minimum lot size per dwelling unit does not 576 apply. 577 578 5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 579 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of 580 which shall be approved by the city attorney. The restrictive covenant shall be 581 recorded on the property with the Salt Lake County Recorder prior to issuance of a 582 building permit for a building using the incentives. The restrictive covenant shall run 583 with the land for the duration of the adaptive reuse and shall provide for the 584 following, without limitation: 585 a. Acknowledge the use of the incentives, the nature of the approval, and any 586 conditions thereof; 587 b. Shall guarantee that the physical elements of the eligible building used to qualify 588 for the incentives shall remain in substantially the same form and exterior features 589 important to the character of the building shall be preserved for the duration of the 590 adaptive reuse or if subject to 21A.34.020, indefinitely unless otherwise permitted 591 by the terms of a certificate of appropriateness; 592 c. The terms of compliance with all applicable regulations and the potential 593 enforcement actions for any violation of the restrictive covenant. 594 595 6. Modifications to Approved Adaptive Reuse: Any modification to the use approved 596 under these incentives requires a new zoning incentives application. Any new 597 adaptive reuse shall also require a new zoning incentives application unless the new 598 use is permitted in the table of permitted and conditional uses for the zoning district. 599 600 7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the 601 property as set forth in 21A.52.060.A.5, shall be investigated and prosecuted pursuant 602 to 21A.20. The city shall have additional remedies or financial penalties for 23 LEGISLATIVE 603 violations as identified in the terms of the restrictive covenant required by Subsection 604 21A.52.060.A.5, which shall be reasonably related to enforcement of the 605 requirements and purpose of Subsection 21A.52.060.A. 606 607 B. Preservation of a Principal Building: 608 609 1. Purpose: The incentives set forth in this section are intended to encourage the 610 preservation of buildings, supporting city goals related to sustainability, 611 neighborhoods, economy, and housing. The provisions are designed to support 612 developments that include preserving an eligible building by allowing flexibility with 613 certain zoning regulations while still maintaining the unique urban fabric and 614 character of neighborhoods. 615 616 2. Applicability: The incentives in this subsection apply to projects in all zoning districts 617 that preserve an existing principal building that meets the eligibility standards in 618 21A.52.060.B.3. These incentives may be applied to existing principal buildings and 619 new construction within the same development area. For the purposes of this 620 subsection, the development area may include multiple abutting lots or parcels. 621 622 3. Eligibility Standards: 623 a. Building Age: The existing building to be preserved was built prior to 1976. 624 b. Minimum Footprint of Eligible Building: The footprint of the eligible building to 625 be preserved covers a minimum of 25% of the development area. A lower 626 percentage may be considered by the planning director if the building has frontage 627 on a public street, contains a publicly accessible use such as retail, restaurant, or 628 entertainment, or would be highly visible from public spaces within the interior of 629 the site. 630 c. Retention of All 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 included in the new development, the active commercial use shall have the 24 LEGISLATIVE 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 25 LEGISLATIVE 694 subsection shall not be combined with the additional height authorized by 695 Subsection 21A.52.050, Affordable Housing Incentives. 696 697 (1) Residential districts: Zoning District Permitted Maximum Height with Incentive RMU-35 45’, regardless of abutting use or zone. RMU-45 55’, regardless of abutting use or zone. RB 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. 698 699 (2) Commercial Districts: Zoning District Permitted Maximum Height with Incentive CB 1 additional story equal to or less than the average height of the other stories in the building. CN May build one additional story equal to or less than the average height of the other stories in the building. CC 45’ CG 2 additional stories equal to or less than the average height of the other stories in the building. 3 additional stories equal to or less than the average height of the other stories in the building for properties in the boundary described in 21A.26.070.G. 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 701 (3) Form-based districts: Zoning District Permitted Maximum Height with Incentive MU-8 90’ and 2 additional stories equal to or less than the average height of the other stories in the building. FB-MU11 125’ and 3 additional stories equal to or less than the average height of the other stories in the building. FB-UN2 1 additional story equal to the average height of the other stories in the building. FB-SC 1 additional story equal to the average height of the other stories in the building. FB-SE 1 additional story equal to the average height of the other stories in the building. FB-UN1 3 stories and 30’ in height. 702 703 (4) Downtown districts: Zoning District Permitted Maximum Height with Incentive D-2 120’ and 2 additional stories equal to or less than the average height of the other stories in the building. D-3 180’ and 3 additional stories equal to or less than the average height of the other stories in the building. 704 705 (5) Other districts: Zoning District Permitted Maximum Height with Incentive GMU 180’ and 2 additional stories equal to or less than the average height of the other stories in the building. MU 60’ provided that the additional height is for residential uses only. I Building heights in excess of 35' but not more than 75' provided, that for each foot of height over 35', each required yard shall be increased 1'. UI Building heights in excess of 75' but not more 120' provided that the additional height is supported by the master plan and compatible with the adjacent neighborhood. OS – Lots greater than 4 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 707 708 e. Administrative design review is permitted for the following: 709 (1) Buildings in the CSHBD1 or CSHBD2 zoning district that exceed 20,000 710 square feet in size. 711 (2) Buildings in the CB zoning district that exceed 7,500 gross square feet of floor 712 area for a first-floor footprint or in excess of 15,000 gross square feet floor 713 area. 714 f. Parking: The following are the minimum off-street parking requirements unless a 715 lesser requirement is listed in the required off-street parking table in 21A.44. 716 These minimums may be further reduced with the alternatives to minimum 717 parking calculations in 21A.44.050. 718 (1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling 719 unit for all other residential uses. 720 (2) Nonresidential: The minimum number of required off-street parking spaces 721 for the proposed use listed in the required off-street parking table in 21A.44 722 may be reduced by 40%. 723 (3) Existing Parking Below the Minimum: If the existing parking for the eligible 724 building does not meet the minimum off-street parking requirements above, 725 no additional parking shall be required. 726 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required. 727 728 g. Minimum Required Yards: The minimum required yards may apply to the 729 perimeter of the development area and not to the individual lot or parcel within 730 the development area. 731 732 5. Design Standards for New Construction: Unless a stricter design standard related to 733 each of the following is included in the base zone or Chapter 21A.37, the following 734 design standards are required for all zones except single and two-family zoning 735 districts: 736 a. Building Materials: Other than windows and doors, 50% of any street facing 737 facade shall be clad in durable materials. Durable materials include stone, brick, 738 masonry, textured or patterned concrete, fiber cement board or other material that 739 includes a minimum manufacturer warranty of 20 years from color fading, 740 weather, and local climate induced degradation of the material. Other materials 741 may be used for the remainder of the facade facing the street. Other materials 742 proposed to satisfy the durable requirement may be approved at the discretion of 743 the planning director if it is found that the proposed material is durable and is 744 appropriate for the proposed location on the building. 745 b. Ground Floor Glass: The surface area of the ground floor of a street facing façade 746 shall contain a minimum percentage of glass as indicated below, calculated 747 between 3 feet and 8 feet above grade. All ground floor glass shall allow 748 unhampered and unobstructed visibility into the building for a depth of at least 5 749 feet, excluding any glass etching and window signs when installed and permitted 750 in accordance with Chapter 21A.46, "Signs", of this title. 751 (1) Nonresidential Uses: 50% ground floor glass 752 (2) Residential Uses: If the ground level of the building is occupied by residential 753 uses that face the street, the minimum glass requirement is 20%. 28 LEGISLATIVE 754 c. Upper Floor Glass: The surface area of the façade of each street facing floor 755 above the ground floor must contain a minimum of 20% glass. 756 d. Maximum Length of a Blank Wall: The maximum length of any blank wall 757 uninterrupted by windows or doors at the ground floor level along any street 758 facing façade is 15 feet. Emergency exit doors and doors to access structured 759 parking or utility equipment shall not count as an interruption. 760 e. Maximum Length of Street Facing Facades: 761 (1) The maximum length of each street facing building facade shall not exceed 762 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts. 763 (2) The maximum length of each street facing building façade shall not 764 exceed 175 feet in all other zoning districts. 765 f.Building Entrances: A building entrance that provides direct access to the use 766 with a walkway connected to the public sidewalk is required for each ground floor 767 street facing façade as follows: 768 (1) Single Family Attached: All units abutting a street shall have the primary 769 entrance on the street. 770 (2) Multi-family: At least one building entrance is required for each street facing 771 façade. Additional building entrances shall be required every 75 feet. 772 (3) Unless the base zone of the property has specific entry feature requirements, 773 all required residential building entries shall have an unenclosed entry porch, 774 portico, awning or canopy, or emphasized doorway entry feature as described 775 in 21A.37.050.P. The entry feature may encroach in the front yard setback, 776 but the encroachment shall not be closer than 5 feet from the front property 777 line. 778 (4) Nonresidential Uses: At least one building entrance is required for each street 779 facing façade. Additional building entrances shall be required every 40 feet. 780 g. Garage Doors Facing Street: Garage doors are prohibited on the façade of the 781 building that is parallel to, or located along, a public street. 782 h. Screening of Mechanical Equipment: All mechanical equipment shall be screened 783 from public view and sited to minimize their visibility and impact. Examples of 784 siting include on the roof, enclosed or otherwise integrated into the architectural 785 design of the building, or in a rear or side yard area subject to yard location 786 restrictions found in Section 21A.36.020, Table 21A.36.020B, “Obstructions In 787 Required Yards”. 788 789 6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 790 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of 791 which shall be approved by the city attorney. The restrictive covenant shall be 792 recorded on the property with the Salt Lake County Recorder prior to issuance of a 793 building permit for a building using the incentives. The restrictive covenant shall run 794 with the land and shall provide for the following, without limitation: 795 a. Acknowledge the use of the incentives, the nature of the approval, and any 796 conditions thereof; 797 b. Shall guarantee that the physical elements of the eligible building used to qualify 798 for the incentives shall remain in substantially the same form and exterior features 799 important to the character of the building shall be preserved during the term; 800 c. Projects that apply the incentives to new buildings on the development site shall 801 guarantee retention of the eligible building used to qualify for the incentives for a 29 LEGISLATIVE 802 minimum term of 30 years or, if the eligible building is subject to 21A.34.020, 803 indefinitely unless otherwise permitted by the terms of a certificate of 804 appropriateness after such 30 year period; 805 d. The terms of compliance with all applicable regulations and the city’s potential 806 remedies for any violation of the restrictive covenant. 807 808 7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the 809 property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant 810 to 21A.20. The city shall have additional remedies or financial penalties for violations 811 as identified in the terms of the restrictive covenant required by Subsection 812 21A.52.060.B.6, which shall be reasonably related to enforcement of the 813 requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a 814 violation of the covenant may include liquidated damages representing a reasonable 815 estimate of the value of the incentives, plus other associated damages valued up to 816 20% of the tax assessed value of the preserved building over the three preceding 817 years. 818 819 820 SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That 821 Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall 822 be, and hereby is amended to read as follows: 823 824 21A.55.020: AUTHORITY: 825 A. Administrative Review: The planning director may approve, approve with 826 modifications, deny, or refer to the planning commission modifications to specific 827 zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying 828 provisions in 21A.52.060.B in accordance with the standards and procedures set forth in 829 this chapter and other regulations applicable to the district in which the property is 830 located. 831 832 B. Planning Commission Review: The Pplanning Ccommission may approve planned 833 developments for uses listed in the tables of permitted and conditional uses for each 834 category of zoning district or districts. The approval shall be in accordance with the 835 standards and procedures set forth in this chapter and other regulations applicable to the 836 district in which the property is located. 837 In approving a planned development, the Pplanning Ccommission may change, alter, 838 modify or waive the following provisions of this title: 839 1A. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ccity's 840 subdivision regulations as they apply to the proposed planned development except 841 that the Pplanning Ccommission cannot approve a use that is not allowed in the 842 zoning district in which the planned development is located, with the exception of 843 off-site parking as further described in this section. 30 LEGISLATIVE 844 2B. Off-Site Parking: Off-site pParking within the boundary of a planned development 845 area, but located on a different parcel or lot than the use(s) it is intended to serve, is 846 in zoning districts where off-site parking is not an allowed and not considered off- 847 site parking use. The parking must only serve the uses be located within the planned 848 development area unless otherwise authorized by other provisions of this title. 849 3C.Building Height: Up to five feet (5') of additional building height, except in the FR, 850 R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be 851 approved through the planned development process. 852 4D.Density: Residential planned developments shall not exceed the density limitation 853 of the zoning district where the planned development is proposed except as allowed 854 below. The calculation of planned development density may include open space that 855 is provided as an amenity to the planned development. Public streets located within 856 or adjacent to a planned development shall not be included in the planned 857 development area for the purpose of calculating density. 858 a1. In the RMF Zzoning Ddistricts and on lots 0.20 acres or more in size, 859 developments that change a nonconforming commercial use to a residential use 860 that is allowed in the zoning district are exempt from the density limitations of 861 the zoning district when approved as a planned development. 862 863 SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That 864 Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning 865 Commission Decision) shall be and hereby is amended to read as follows: 866 867 21A.55.030: PLANNING COMMISSION DECISION: 868 869 A. No Presumption Oof Approval: A request for a planned development does not constitute 870 an assurance or presumption that such planned development will be approved. Rather, 871 each proposed planned development shall be evaluated on an individual basis, in relation 872 to its compliance with the standards and factors set forth in this chapter and with the 873 standards for the zoning district in which it is located, in order to determine whether the 874 planned development is appropriate at a particular location. 875 876 B. Approval: The Pplanning Ccommission or planning director in the case of administrative 877 planned developments, may approve a planned development as proposed or may impose 878 conditions necessary or appropriate for the planned development to comply with the 879 standards and factors set forth in this chapter. 880 881 C. Denial: The Pplanning Ccommission or planning director in the case of administrative 882 planned developments, may deny an application for a planned development if it finds that 883 the proposal does not meet the intent of the base zoning district, does not meet the 31 LEGISLATIVE 884 purpose of this chapter, or is not consistent with the standards and factors as set forth in 885 this chapter. 886 887 888 SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That 889 Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures) 890 shall be and hereby is amended to read as follows: 891 892 21A.55.040: PROCEDURES: 893 894 A. Application: An application for a planned development shall be made on an application 895 form prepared by the zoning administrator and accompanied by applicable fees as noted 896 in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible 897 for payment of all mailing fees established for required public noticing. The applicant 898 must file an application for planned development approval with the Planning Director. A 899 complete application shall contain at least the following information submitted by the 900 applicant, unless certain information is determined by the zoning administrator Planning 901 Director to be inapplicable or unnecessary to appropriately evaluate the application. The 902 application submittal shall include one paper copy and one digital copy: 903 904 1. A complete description of the proposed planned development including the zoning 905 regulations being modified in the planned development and the planning objectives 906 being met; 907 2. When the proposed planned development includes provisions for common open space 908 or recreational facilities, a statement describing the provision to be made for the care 909 and maintenance of such open space or recreational facilities; 910 3. A written statement with supporting graphics showing how the proposed planned 911 development is compatible with other property in the neighborhood; 912 4. Plans, as required pursuant to sSection 21A.58.060 of this title, with the exception of 913 the number of copies required; 914 5. Architectural graphics including floor plans, elevations, profiles and cross sections; 915 6. A preliminary subdivision plat, if required; 916 7. Traffic impact analysis, where required by the City Transportation Division; and 917 8. Other information or documentation the zoning administratorPlanning Director may 918 deem necessary for proper review and analysis of a particular application. 919 920 B. Determination Oof Completeness: Upon receipt of an application for a planned 921 development, the zoning administratorPlanning Director shall make a determination of 922 completeness of the application pursuant to sSection 21A.10.010 of this title. 923 924 C. Public Notification and Engagement: 925 32 LEGISLATIVE 926 1. Notice of Application for Administrative Review: Prior to the approval of an 927 application that qualifies for administrative review, the planning director shall 928 provide written notice as provided in Chapter 21A.10.020.B. 929 930 2. Required Notice for Planning Commission Review: 931 a. Applications subject to planning commission review are subject to the notification 932 requirements of Chapter 2.60. 933 b. Any required public hearing is subject to the public hearing notice requirements 934 found in Chapter 21A.10. 935 936 Staff Report: Upon completing a site plan review and receiving recommendations from 937 applicable City department(s)/division(s), a staff report evaluating the planned development 938 application shall be prepared by the Planning Division and forwarded to the applicant and the 939 Planning Commission. 940 941 D. Public Hearing: The Planning Commission shall hold a public hearing to review the 942 planned development application in accordance with the standards and procedures set 943 forth in chapter 21A.10 of this title. 944 945 E. Planning Commission Action: Following the public hearing, the Planning Commission 946 shall decide, on the basis of the standards contained in section 21A.55.050 of this chapter 947 whether to approve, approve with modifications or conditions, or deny the application. 948 949 F. Notification Of Decision: The Planning Director shall notify the applicant of the decision 950 of the Planning Commission in writing, accompanied by one copy of the submitted plans 951 marked to show such decision and a copy of the motion approving, approving with 952 modifications, or denying the development plan application. 953 954 955 SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That 956 Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for 957 Planned Developments) shall be, and hereby is amended, as to the preamble only with 958 Subsections A through G unchanged: 959 960 21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS: 961 962 The Pplanning Ccommission, or the planning director in the case of an administrative planned 963 development, may approve, approve with conditions, or deny a planned development based upon 964 written findings of fact according to each of the following standards. It is the responsibility of the 965 applicant to provide written and graphic evidence demonstrating compliance with the following 966 standards: 967 33 LEGISLATIVE 968 969 SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That 970 Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the 971 Planning Commission Decision) shall be and hereby is amended to read as follows: 972 973 21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION: 974 Any person adversely affected by a final decision of the Pplanning Ccommission or planning 975 director in the case of administrative planned developments, on an application for a planned 976 development may appeal to the Aappeals Hhearing Oofficer in accordance with the provisions 977 of cChapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome 978 of the appeal, except as provided for under sSection 21A.16.030F of this title. 979 980 SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That 981 Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on 982 Approved Planned Development) shall be and hereby is amended to read as follows: 983 984 21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT: 985 No planned development approval shall be valid for a period longer than one year unless a 986 building permit has been issued or complete building plans have been submitted to the Division 987 of Building Services and Licensing. The Pplanning Ccommission or planning director in the case 988 of an administrative planned development, may grant an extension of a planned development for 989 up to one additional year when the applicant is able to demonstrate no change in circumstance 990 that would result in an unmitigated impact. Extension requests must be submitted prior to the 991 expiration of the planned development approval. 992 993 SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That 994 Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of 995 Approval of Planned Development) shall be and hereby is amended to read as follows: 996 997 21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT: 34 LEGISLATIVE 998 999 1000 1001 1002 1003 1004 1005 1006 The approval of a proposed planned development by the Pplanning Ccommission or planning director in the case of an administrative planned development, shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the regulations of the Ccity, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval. SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That 1007 Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 to Development Plan) shall be and hereby is amended to read as follows: 21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN: Following planned development approval, the development plan approved by the Pplanning Ccommission or planning director in the case of an administrative planned development, shall constitute the site design in relation to building placement and design, landscaping, mobility and circulation elements, and any elements that were approved as zoning modifications through the planned development process. Modifications to the development plan may be allowed pursuant to this section. A. New Application Required Ffor Modifications Aand Amendments: No substantial Mmodifications or amendments shall be made in the construction, development or use without a new application under subject to the provisions of this section.title. Minor modifications or amendments may be made subject to written approval of the Planning Director and the date for completion may be extended by the Planning Commission upon recommendation of the Planning Director. B. Minor Modifications: The Pplanning Ddirector may authorize minor modifications to the approved development plan pursuant to the provisions for modifications to an approved site plan as set forth in chapter 21A.58 of this title when such modifications appear necessary in light of technical or engineering considerations necessary to comply with an adopted building, fire, or engineering code or standard or when the modification complies with the applicable standards in the underlying zoning district or overlay district. Such minor modifications shall be limited to the following elements: 1. Adjusting the distance as shown on the approved development plan between any one structure or group of structures, and any other structure or group of structures, or any vehicular circulation element or any boundary of the site; 2. Adjusting the location of any open space; 35 LEGISLATIVE 1034 3. Adjusting any final grade; 1035 4. Altering the types of landscaping elements and their arrangement within the 1036 required landscaping buffer area; 1037 5. Signs; 1038 6. Relocation or construction of accessory structures that comply with the provisions 1039 of 21A.40 and any applicable accessory structure regulations; or 1040 7. Additions which comply with the lot and bulk requirements of the underlying 1041 zone. 1042 Such minor modifications shall be consistent with the intent and purpose of this title and 1043 the development plan as approved pursuant to this chapter and shall be the minimum 1044 necessary to overcome the particular difficulty comply with the standards of the 1045 underlying zoning district or the applicable building, fire, or engineering code or standard 1046 and shall not be approved if such modifications would result in a violation of any 1047 standard or requirement of this title. A minor modification shall not be approved if the 1048 modification reduces a required building setback, authorizes an increase in lot coverage, 1049 or increases building height. 1050 C. Major Modifications: Any modifications to the approved development plan not 1051 authorized by sSubsection B of this section shall be considered to be a major 1052 modification. The Pplanning Ccommission or planning director in the case of an 1053 administrative planned development, shall give notice to all property owners consistent 1054 with notification requirements located in chapter 21A.10 of this title. The Pplanning 1055 Ccommission or planning director in the case of an administrative planned development, 1056 may approve an application for a major modification to the approved development plan, 1057 not requiring a modification of written conditions of approval or recorded easements, 1058 upon finding that any changes in the plan as approved will be in substantial conformity 1059 with the approved development plan. If the commission or planning director in the case 1060 of an administrative planned development, determines that a major modification is not in 1061 substantial conformity with the approved development plan, then the commission or 1062 planning director in the case of an administrative planned development, shall review the 1063 request in accordance with the procedures set forth in this section. 1064 D. Other Modifications: Any modification to the planned development that complies with 1065 the standards of the underlying zoning district or overlay zoning district is allowed 1066 provided the modification does not violate a condition of approval or other requirement 1067 placed on the planned development as part of the approval of the application and required 1068 permits and approvals are obtained. 1069 36 LEGISLATIVE 1070 SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That 1071 Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority: 1072 Administrative Review) shall be, and hereby is amended to read as follows: 1073 A. Administrative Review: The planning director may approve, approve with modifications, 1074 deny or refer to the planning commission modifications to specific design standards when 1075 proposed as new construction, an addition or modification to the exterior of an existing 1076 structure, or a modification to an existing structure as authorized in Section 21A.59.040, 1077 Table 21A.59.040 of this chapter or when authorized in the specific zoning district 1078 elsewhere in this title. 1079 1. The director shall approve a request to modify a design standard if the director 1080 finds that the proposal complies with the purpose of the individual zoning district, 1081 the purpose of the individual design standards that are applicable to the project, 1082 the proposed modification is compatible with the development pattern of other 1083 buildings on the block face or on the block face on the opposite side of the street, 1084 and the project is compliant with the applicable design review objectives 1085 (Section 21A.59.050 of this chapter). 1086 2. The director may approve a request to modify a design standard with conditions 1087 or modifications to the design if the director determines a modification is 1088 necessary to comply with the purpose of the base zoning district, the purpose of 1089 the applicable design standards of the base zoning, to achieve compatibility with 1090 the development pattern of other buildings on the block face or on the block face 1091 on the opposite side of the street, or to achieve the applicable design review 1092 objectives. 1093 3. The director shall deny a request to modify a design standard if the design does 1094 not comply with the purpose of the base zoning district, the purpose of the 1095 applicable design standards or the applicable design review objectives and no 1096 modifications or conditions of approval can be applied that would make the 1097 design comply. 1098 4. The director may forward a request to modify a design standard to the planning 1099 commission if the director finds that the request for modification is greater than 1100 allowed by this chapter, a person receiving notice of the proposed modification 1101 can demonstrate that the request will negatively impact their property, or at the 1102 request of the applicant if the director is required to deny the request as provided 1103 in this section. 1104 37 LEGISLATIVE 1105 SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That 1106 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall 1107 be, and hereby is amended to read as follows: 1108 a. Amending the definition of “ADAPTIVE REUSE OF A LANDMARK 1109 BUILDING.” That the definition shall be amended to read as follows: 1110 ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF A LANDMARK 1111 BUILDINGS: The process of reusing a building for a purpose other than which it was built or 1112 designed for landmark buildings original use is no longer feasible. Other land uses, in addition to 1113 those specifically listed in the land use tables, may be allowed as a permitted or conditional use 1114 subject to the provisions in Subsection 21A.52.060.A. 1115 1116 b. Amending the definition of “PARKING, OFF SITE.” That the definition of 1117 “PARKING, OFF SITE” shall be amended to read as follows: 1118 PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is 1119 located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within 1120 the boundary of a planned development that only serves uses within the planned development 1121 area is not considered off-site parking. 1122 c. Repealing the definition “HOUSE MUSEUM IN A LANDMARK SITE” as 1123 follows: 1124 HOUSE MUSEUM IN LANDMARK SITE: A dwelling unit which is converted from its original 1125 principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or 1126 historic purposes. Such museum should include a staff who commands an appropriate body of 1127 special knowledge necessary to convey the historical, aesthetic or architectural attributes of the 1128 building and its collections to the general public. Such staff should also have the ability to reach 1129 museological decisions consonant with the experience of his or her peers and have access to and 1130 acquaintance with the literature of the field. Such museum should maintain either regular hours 1131 or be available for appointed visits such that access is reasonably convenient to the public. 1132 1133 SECTION 15. Effective Date. This Ordinance shall become effective on the date of its 1134 first publication. 38 LEGISLATIVE 1135 1136 1137 1138 1139 2024. Passed by the City Council of Salt Lake City, Utah, this day of , CHAIRPERSON 1140 1141 1142 ATTEST AND COUNTERSIGN: 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 CITY RECORDER Transmitted to Mayor on . Mayor’s Action: Approved. Vetoed. MAYOR 1154 1155 1156 1157 1158 1159 1160 1161 CITY RECORDER (SEAL) Bill No. of 2024. Published: . Adaptive Reuse Preservation Incentives_Opt2(legislative)v1 2.ORDINANCE (VERSION 1) 1 LEGISLATIVE 1 SALT LAKE CITY ORDINANCE 2 No. of 2024 3 4 (Amending the zoning text of various sections of Title 21A of the Salt Lake City Code 5 pertaining to zoning incentives for adaptive reuse and preservation of buildings) 6 7 An ordinance amending the text of various sections of Title 21A of the Salt Lake City 8 Code pertaining to zoning incentives for adaptive reuse and preservation of buildings pursuant to 9 Petition No. PLNPCM2023-00155. 10 WHEREAS, on February 28, 2024, the Salt Lake City Planning Commission (“Planning 11 Commission”) held a public hearing on a petition submitted by Salt Lake City Mayor, Erin 12 Mendenhall to amend the zoning code pertaining to zoning incentives for adaptive reuse and 13 preservation of buildings (Petition No. PLNPCM2023-00155); and 14 WHEREAS, at its February 28, 2024 meeting, the Planning Commission voted in favor 15 of forwarding a positive recommendation to the Salt Lake City Council on said petition; 16 WHEREAS, after a public hearing on this matter the City Council has determined that 17 adopting this ordinance is in the city’s best interests. 18 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 19 20 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.10.015.A. That 21 Subsection 21A.10.015.A of the Salt Lake City Code (Zoning: General Application, Public 22 Engagement, and Public Noticing Procedures: Public Engagement: Land Use Projects Subject to 23 Public Engagement) shall be, and hereby is amended to read as follows: 24 A. Land Use Projects Subject to Public Engagement: The following are considered land use 25 projects for purposes of this chapter and are subject to the public engagement process and 26 requirements herein: 27 28 1. Request for an alley/street closure or vacation; 29 2. Amendments to Title 21A; 30 3. Conditional use applications; 2 LEGISLATIVE 31 4. Design review applications, that are subject to review by the planning commission as 32 provided in Chapter 21A.59; 33 5. Applications to demolish one or more landmark sites or contributing structures 34 located within a local historic district; 35 6. Master plans, including amendments, to be adopted by the city council; 36 7. Requests for certificates of appropriateness required for new construction of principal 37 structures, except for single family and two family dwellings; 38 8. Planned development applications that are subject to review by the planning 39 commission as provided in Chapter 21A.55; and 40 9. Zoning map amendments. 41 42 43 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.10.020.B. That 44 Subsection 21A.10.020.B of the Salt Lake City Code (Zoning: General Application, Public 45 Engagement, and Public Noticing Procedures: Public Hearing Notice Requirements: Special 46 Noticing Requirements for Certain Administrative Approvals) shall be, and hereby is amended to 47 read as follows: 48 B. Special Noticing Requirements for Administrative Approvals: 49 50 1. Notice of Application for Design Review and Planned Development: 51 52 a. Notification: At least twelve (12) days before a land use decision is made for an 53 administrative design review application as authorized in Chapter 21A.59 of this 54 title, or an administrative planned development as authorized by Chapter 21A.55 55 of this title, the planning director shall provide written notice to the following: 56 (1) All owners and identifiable tenants of the subject property, land abutting the 57 subject property, and land located directly across the street from the subject 58 property. In identifying the owners and tenants of the land the city shall use 59 the Salt Lake City geographic information system records. 60 (2) Recognized community organization(s) in which the subject property is 61 located. 62 63 b. Contents of the Notice of Application: The notice shall generally describe the 64 subject matter of the application, where the public may review the application, the 65 expected date when the planning director will authorize a final land use decision, 66 and the procedures to appeal the land use decision. 67 68 c. End of Notification Period: If the planning director receives comments identifying 69 concerns related to the design review application not complying with the 70 requirements of Chapter 21A.59, or the planned development not complying with 3 LEGISLATIVE 71 the requirements of Chapter 21A.55, the planning director may refer the matter to 72 the planning commission for their review and decision on the application. 73 74 75 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.S. That 76 Subsection 21A.24.010.S of the Salt Lake City Code (Zoning: Residential Districts: General 77 Provisions: Adaptive Reuse of a Landmark Building in Residential Districts) shall be, and hereby 78 is amended to read as follows: 79 80 S. Compliance with Noise Regulations Required: Any construction work in residential zoning 81 districts shall comply with Section 9.28.040, “Noises Prohibited.”Adaptive Reuse Of A 82 Landmark Building In Residential Districts: 83 1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a residential 84 district is to preserve landmark sites as defined in subsection 21A.34.020B of this title. In some 85 instances these sites have outlived their original use due to economic conditions, size of the 86 building, and/or a substantial degree of deterioration of the historic property. Such sites, 87 however, still contribute to the welfare, property and education of the people of Salt Lake City 88 because of their historic, architectural or cultural significance. The Planning Commission shall 89 consider the allowance of a nonresidential use of a landmark site in a residential district 90 according to the qualifying provisions outlined in subsection S2a of this section and pursuant 91 to chapter 21A.54 of this title, in order to ensure that the residential character of the surrounding 92 environment is preserved. 93 2. Conditional Use Required: Where authorized by this title as shown in 94 section 21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of 95 this title, landmark sites in any residential district may be used for certain nonresidential uses. 96 a. Qualifying Provisions: In order to qualify for conditional use review by the 97 Planning Commission under section 21A.54.080, "Standards For Conditional Uses", of 98 this title, the applicant must demonstrate compliance with the following: 99 (1) The building is designated as a landmark site on the Salt Lake City 100 register of cultural resources. The designation process must be completed prior to the 101 City accepting a conditional use application for the structure unless the Planning 102 Director determines that it is in the best interest of the City to process the designation 103 and conditional use applications together. 104 (2) The landmark building shall have a minimum of seven thousand (7,000) 105 square feet of floor area, excluding accessory buildings. 106 (3) The new use will require minimal change as these features are important 107 in defining the overall historic character of the building and environment. 108 (4) The use is conducive to the preservation of the landmark site. 4 LEGISLATIVE 109 (5) Significant archaeological resources affected by the project shall be 110 protected and preserved. If such resources must be disturbed, mitigation measures 111 shall be undertaken. 112 (6) The use is compatible with the surrounding residential neighborhood. 113 (7) Distinctive features, finishes, and construction techniques or examples of 114 craftsmanship that characterize the property shall be preserved. 115 (8) The use does not result in the removal of residential characteristics of the 116 structure or site including mature landscaping. 117 (9) The change in use from residential to nonresidential is necessary due to 118 the excessive size of the landmark site for residential uses allowed in the residential 119 district, and/or demonstration that the building cannot reasonably be used for its 120 original intended use. 121 (10) The proposed use will not have a material net cumulative adverse 122 impact on the neighborhood or the City as a whole by considering the following: 123 (A) The spatial distribution of: 124 (i) Business licenses issued for properties located within three 125 hundred feet (300') of any property line and the block frontage on both sides 126 of the street between 100 series addresses; and 127 (ii) Previously approved conditional uses for nonresidential uses 128 in landmark sites within the same planning community, as shown on a map of 129 planning communities maintained by the Zoning Administrator. 130 (B) Impacts on neighboring properties including, but not limited to: 131 (i) Traffic; 132 (ii) Parking; 133 (iii) Signs; 134 (iv) Lighting; 135 (v) Removal of landscaping; and 136 (vi) For the purposes of evaluating subsections S2a(10)(B)(i) 137 through S2a(10)(B)(v) of this section, professionally prepared impact studies 138 shall not be required unless specifically requested by the Zoning 139 Administrator; 140 (vii) Noise, fumes or odors; 141 b. Credit For On Street Parking: Some or all of the off street parking spaces 142 required in section 21A.44.030 of this title may be met by the provision of on street 143 spaces. Such credit shall require the site plan review approval. Requests for on street 144 parking shall meet the following requirements: 5 LEGISLATIVE 145 (1) All on street parking facilities shall be designed in conformance with the 146 standards established by the City Transportation Engineer; 147 (2) Prior to approving any requests for on street parking, the development 148 review team shall determine that the proposed on street parking will not materially 149 adversely impact traffic movements and related public street functions; and 150 (3) Credit for on street parking shall be limited to the number of spaces 151 provided along the street frontage adjacent to the use. 152 153 SECTION 4. Repealing the text of Salt Lake City Code Subsection 21A.24.010.W. That 154 Subsection 21A.24.010.W of the Salt Lake City Code (Zoning: Residential Districts: General 155 Provisions: Compliance with Noise Regulations Required) shall be, and hereby is repealed in its 156 entirety as follows: 157 158 W. Compliance With Noise Regulations Required: Any construction work in residential 159 zoning districts shall comply with section 9.28.040, "Noises Prohibited", of this Code. 160 161 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.130.E.6. 162 That Subsection 21A.24.010.E.6 of the Salt Lake City Code (Zoning: Residential Districts: RMF- 163 35 Moderate Density Multi-Family Residential District: Minimum Yard Requirements: Existing 164 Yards) shall be, and hereby is amended to read as follows: 165 6. Existing Yards: For buildings legally existing on April 12, 1995, the required yard 166 shall be no greater than the established setback line of the existing building unless the 167 proposed yard encroachment is to accommodate additional units. New principal 168 buildings must conform to current yard area requirements, unless the new principal 169 two-family dwelling or twin home has legal conforming status as outlined in 170 section 21A.38.070 of this title. 171 172 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.160.D. That 173 Subsection 21A.24.160.D of the Salt Lake City Code (Zoning: Residential Districts: RB 174 Residential/Business District: Minimum Lot Area and Lot Width) shall be, and hereby is 6 LEGISLATIVE 175 amended only to eliminate the Land Use “A single dwelling unit located above first floor retail 176 or office uses” from the table in said subsection, with no other changes to the table: 177 178 179 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.180.I. That 180 Subsection 21A.24.180.I of the Salt Lake City Code (Zoning: Residential Districts: RO 181 Residential/Office District: Offices in Existing Buildings on Lots Less Than Twenty Thousand 182 Square Feet) shall be, and hereby is amended to read as follows: 183 I. Offices iIn Existing Buildings oOn Lots Less Than Twenty Thousand Square Feet: 184 Offices occupying existing buildings are permitted on a five thousand (5,000) square foot 185 minimum lot. Additions to existing buildings that are greater than fifty percent (50%) of 186 the existing building footprint or that exceed the height of the existing building shall be 187 subject to design review (chapter 21A.59 of this title) unless the existing building is using 188 the incentives in 21A.52.060. 189 190 SECTION 8. Repealing the text of Salt Lake City Code Subsection 21A.26.010.K. That 191 Subsection 21A.26.010.K of the Salt Lake City Code (Zoning: Commercial Districts: General 192 Provisions: Bed and Breakfast Establishments and Reception Centers in Landmark Sites in the 193 CN Neighborhood Commercial and CB Community Business Districts) shall be, and hereby is 194 repealed in its entirety as follows: 195 196 K. Bed And Breakfast Establishments And Reception Centers In Landmark Sites In The CN 197 Neighborhood Commercial And CB Community Business Districts: 198 1. Conditional Use Required: Where not otherwise authorized by this title and after 199 conditional use approval by the Planning Commission pursuant to chapter 21A.54 of this 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 7 LEGISLATIVE 200 title, landmark sites in a CN or CB District may be used for a bed and breakfast 201 establishment or reception center subject to the following standards: 202 a. Standards: In addition to the standards for conditional uses, section 21A.54.080 of 203 this title, the Planning Commission shall find the following: 204 (1) The structure is designated as a landmark site on the Salt Lake City Register of 205 Cultural Resources. The designation process must be completed prior to the City 206 accepting a conditional use application for the structure unless the Planning 207 Director determines that it is in the best interest of the City to process the 208 designation and conditional use applications at the same time because of the risk 209 of probable demolition; 210 (2) The use is conducive to the preservation of the landmark site; 211 (3) The use is compatible with the surrounding residential neighborhood; and 212 (4) The use does not result in the removal of residential characteristics of the 213 structure (if the structure is a residential structure), including mature landscaping. 214 b. Condition Of Approval: A preservation easement in favor of the City shall be placed 215 upon the landmark site. 216 217 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 218 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 219 Conditional Uses for Residential Districts) shall be amended only as to the use categories “Adaptive 220 reuse of a landmark site”, “Dwelling, multi-family” and “Mixed use development” and to repeal 221 only the use category “Temporary use of closed schools and churches”, with no other changes to the 222 table, which aforementioned use categories shall read and appear in that table as follows: 8 223 Permitted And Conditional Uses By DistrictUse 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 LEGISLATIVE 9 LEGISLATIVE 225 226 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.020. That the 227 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Residential 228 Districts of Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 229 Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only as to 230 notes “1”, “6”, “8” and “19” which shall appear in numerical order with the other notes and read as 231 follows: 232 1. Reserved. A single apartment unit may be located above first floor retail/office. 233 234 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 235 percent of the building's footprint. Building additions greater than 50 percent of the 236 building's footprint or new office building construction are subject to a design review 237 unless the building qualifies for the incentives in 21A.52.060. 238 239 8. Subject to conformance with the provisions of sSubsection 21A.52.060.A 21A.24.010S 240 of this title. 241 242 19. Reserved. Subject to section 21A.36.170 of this title. 243 244 245 246 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 247 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 248 Conditional Uses for Commercial Districts) shall be amended only as to the use category “Bed and 249 breakfast” and to repeal only the use categories “Adaptive reuse of a landmark site”, “House 250 museum in landmark sites” and “Offices and reception centers in landmark sites”, with no other 251 changes to the table, which aforementioned use categories shall read and appear in that table as 252 follows: 253 254 255 Permitted and Conditional Uses by DistrictUse 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 257 258 259 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.030. That the 260 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Commercial 261 Districts of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 262 Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only as to 263 note “3” which shall appear in numerical order with the other notes and read as follows: 264 3. Reserved. When located in a building listed on the Salt Lake City register of cultural 265 resources (see subsections 21A.26.010S and 21A.26.010K of this title). 266 267 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 268 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 269 Conditional Uses for Transit Station Area Districts) is amended only to repeal the use categories 270 “Adaptive reuse of a landmark site”, “House museum in landmark sites” and “Offices and reception 271 centers in landmark sites”, in the Table of Permitted and Conditional Uses for Transit Station Area 272 Districts, with no other changes to the table, as follows: 11 LEGISLATIVE 273 Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Use 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 274 275 276 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.040. That Section 277 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 278 Conditional Uses for Manufacturing Districts) shall be amended only to repeal the use category 279 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for 280 Manufacturing Districts, with no other changes to the table, as follows: Permitted and Conditional Uses by DistrictUse M-1 M-2 Adaptive reuse of a landmark site C C7 281 12 LEGISLATIVE 282 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.040. That the 283 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Manufacturing 284 Districts of Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 285 Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is amended only as 286 to note “7” which shall appear in numerical order with the other notes and read as follows: 287 7. Reserved. Building additions on lots less than 20,000 square feet for office uses may not 288 exceed 50 percent of the building's footprint. Building additions greater than 50 percent 289 of the building's footprint or new office building construction are subject to a design 290 review. 291 292 SECTION 16. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 293 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 294 Conditional Uses for Downtown Districts) shall be amended only to repeal the use category 295 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses for Downtown 296 Districts, with no other changes to the table, as follows: Permitted and Conditional Uses by DistrictUse D-1 D-2 D-3 D-4 Adaptive reuse of a landmark site P P P P4 298 299 SECTION 17. Amending the text of Salt Lake City Code Section 21A.33.050. That the 300 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Downtown 301 Districts of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 302 Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended only as to 303 note “4” which shall appear in numerical order with the other notes and read as follows: 304 4. Reserved. Building additions on lots less than 20,000 square feet for office uses may not 305 exceed 50 percent of the building's footprint. Building additions greater than 50 percent 13 LEGISLATIVE 306 of the building's footprint or new office building construction are subject to a design 307 review (chapter 21A.59 of this title). 308 309 SECTION 18. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 310 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 311 Conditional Uses in the Gateway District) shall be amended only to repeal the use category 312 “Adaptive reuse of a landmark site”, in the Table of Permitted and Conditional Uses in the Gateway 313 District, with no other changes to the table, as follows: Use G-MU Adaptive reuse of a landmark site P 314 315 SECTION 19. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 316 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 317 Conditional Uses for Special Purpose Districts) shall be amended only for the use categories 318 “Adaptive reuse of a landmark site” and “Dwelling: Multi-family”, in the Table of Permitted and 319 Conditional Uses for Special Purpose Districts, with no other changes to the table, as follows: 14 320 Permitted and Conditional Uses by DistrictUse 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 LEGISLATIVE 15 LEGISLATIVE 322 323 SECTION 20. Amending the text of Salt Lake City Code Section 21A.33.070. That the 324 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses for Special Purpose 325 Districts of Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 326 Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only 327 as to note “2” which shall appear in numerical order with the other notes and read as follows: 328 2. Subject to conformance with the provisions of Subsection 21A.52.060.A. When located 329 in a building listed on the Salt Lake City Register of Cultural Resources. 330 331 SECTION 21. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 332 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 333 Conditional Uses in Form Based Districts) shall be amended only as to the use categories “Adaptive 334 reuse of a landmark site”, “Dwelling: Multi-family”, and “Reception center” and to repeal only the 335 use categories “House museum in a landmark”, and “Office and/or reception center in a landmark 336 site”, in the Table of Permitted and Conditional Uses in Form Based Districts, with no other changes 337 to the table, as follows: Permitted and Conditional Uses by DistrictUse FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE Adaptive reuse for additional uses in eligible of a landmark buildings C9 P Dwelling: Multi-family P9 P P P P House museum in landmark site P P P P P Office and/or Reception center in a landmark site P P P P Reception center P P P P 338 339 16 LEGISLATIVE 340 SECTION 22. Amending the text of Salt Lake City Code Section 21A.33.080. That the 341 “Qualifying Provisions” notes to the Table of Permitted and Conditional Uses in Form Based 342 Districts of Section 21A.33.870 of the Salt Lake City Code (Zoning: Land Use Tables: Table of 343 Permitted and Conditional Uses in Form Based Districts) shall be amended to add an additional note 344 “9”, which shall appear in numerical order with the other notes and read as follows: 345 9. Subject to conformance with the provisions of Subsection 21A.52.060.A. 346 347 SECTION 23. Repealing the text of Salt Lake City Code Section 21A.36.170. That Section 348 21A.36.170 of the Salt Lake City Code (Zoning: General Provisions: Reuse of Church and School 349 Buildings) is hereby repealed in its entirety as follows: 350 21A.36.170: RESERVEDUSE OF CHURCH AND SCHOOL BUILDINGS: 351 A. Change Of Use: In the PL, PL-2, I, UI or any residential district, a change of use of 352 any church or school to a use that is allowed as a permitted use or conditional use in the zoning 353 district may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this 354 title. 355 B. Temporary Use Of Closed Schools And Churches; Authorized As Conditional Use: The 356 temporary use of closed schools and churches may be allowed as a conditional use pursuant to 357 the provisions of chapter 21A.54 of this title, in the zoning districts indicated in the land use 358 tables of this title, provided that: 359 1. Use: The temporary use is for office space or educational purposes for public or private 360 charities. 361 2. Application: The application for a temporary use of a closed school or church shall 362 include, in addition to the application submission requirements of chapter 21A.54 of this title, the 363 following information: 364 a. Building Plans: As part of the application, the applicant shall provide a site plan drawn 365 to scale showing existing structures, auxiliary buildings, existing 366 parking and landscaping, and any proposed changes to the site. In converting the existing facility 367 to the proposed conditional use, no major exterior or interior alterations of the building shall be 368 made which render the building incompatible with a return to its use as a school or church; and 369 b. Use Plan: A proposed use plan including: 17 LEGISLATIVE 370 (1) Hours and days of operation, 371 (2) Evidence of noise, odor or vibration emissions, 372 (3) Evidence of the number of classes, including hours taught, days taught, and the 373 expected class size, 374 (4) Average number of clients per day and the frequency of turnover of the clients, and 375 (5) Number of employees, staff or volunteers, both total and expected to be on the 376 premises at any given time. 377 3. Prohibition: No provision of this section shall be construed to allow any use in a 378 closed school or church for retail, residential or industrial purposes, or any use involving any 379 type of correctional or institutional facility. 380 4. Ownership: The School Board or church shall remain the owner of the property during 381 the period of time for which the conditional use is granted and any change of ownership away 382 from the School Board or church shall immediately cause the conditional use to terminate. 383 5. Automatic Termination Of Use: If the School Board or church group determines that no 384 future public or religious use will be made of the building as a public school or church, the 385 conditional use as granted under this section shall immediately cease and the property shall 386 thereafter be used only for uses permitted in the zoning district. 387 6. Temporary Use: The conditional use provided by this section shall be temporary only. 388 The time of such use shall be subject to the decision of the Planning Commission based on its 389 consideration of the criteria specified in subsection B7 of this section. The Planning Commission 390 may authorize the conditional use for a period not to exceed five (5) years, which may be 391 renewed for additional periods not in excess of five (5) years. 392 7. Termination For Excess Use: If the Planning Commission determines that the conditional 393 use is being used substantially in excess of the plan for use submitted pursuant to subsection B2b 394 of this section, the Planning Commission may, after an informal hearing, revoke the conditional 395 use if it determines that the excess use is having a negative impact on the neighborhood. 396 397 SECTION 24. Amending the text of Subsection 21A.44.060.A.1 That Subsection 398 21A.44.060.A.1 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading: 399 Parking Location and Design: Generally: Parking Located on Same Lot as Use or Building 400 Served), shall be and hereby is amended to read as follows: 401 1. Parking Located on Same Lot as Use or Building Served: All parking spaces required 402 to serve buildings or uses erected or established after the effective date of this 403 ordinance shall be located on the same lot or parcel as the building or use served, 18 LEGISLATIVE 404 unless otherwise allowed pursuant to Subsection 21A.44.060.A.4, "Off-Site Parking 405 Permitted", or 21A.55.020, “Planned Developments – Authority”. 406 407 SECTION 25. Amending the text of Salt Lake City Code Section 21A.52.020. That 408 Section 21A.52.020 of the Salt Lake City Code (Zoning: Zoning Incentives: Applicability) shall 409 be, and hereby is amended to read as follows: 410 411 21A.52.020 APPLICABILITY: 412 A. This chapter applies as indicated within each subsection. 413 B. The planned development process in Chapter 21A.55 is not required as indicated within 414 this chapter. 415 C. The administrative planned development process in Chapter 21A.55, and the 416 administrative design review process in Chapter 21A.59 may be applicable as indicated 417 within this chapter. 418 419 SECTION 26. Amending the text of Salt Lake City Code Section 21A.52.030. That 420 Section 21A.52.030 of the Salt Lake City Code (Zoning: Zoning Incentives: Relationship to Base 421 Zoning District and Overlay Zoning Districts) shall be, and hereby is amended to read as 422 follows: 423 424 21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY 425 ZONING DISTRICTS: 426 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district 427 standards and requirements take precedence except as indicated in this section. 428 429 SECTION 27. Amending the text of Salt Lake City Code Section 21A.52.040. That 430 Section 21A.52.040 of the Salt Lake City Code (Zoning: Zoning Incentives: Approval Process) 431 shall be, and hereby is amended to read as follows: 432 433 21A.52.040: APPROVAL PROCESS: 19 LEGISLATIVE 434 Unless specifically exempted or modified by this chapter, all requirements of this title shall 435 apply. 436 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a 437 zoning incentives application and provide the following information: 438 1. The applicant's name, address, telephone number and interest in the property to which 439 the incentives shall apply; 440 2. The owner's name, address and telephone number, if different than the applicant, and 441 the owner's signed consent to the filing of the application; 442 3. The street address, tax parcel number and legal description of the subject property; 443 4. The zoning classification, zoning district boundaries and present use of the subject 444 property; 445 5. The location of all existing and proposed buildings and structures, accessory and 446 principal, showing the number of stories and height, dwelling type, if applicable, 447 major elevations and the total square footage of the floor area by proposed use and 448 any additional information required for site plan review set forth in Chapter 21A.58; 449 6. The total number of dwelling units in the project, the number of affordable units, the 450 number of bedrooms in the affordable units, the location of the affordable units, and 451 level of affordability; and 452 7. Any additional information required by Chapter 21A.59 design review or 21A.55 453 planned development, to demonstrate compliance with the requirements of this 454 chapter, as applicable; and 455 8. Any additional information the zoning administrator deems necessary to demonstrate 456 compliance with this chapter. 457 B. Preliminary approval shall authorize the preparation, filing and processing of applications 458 for any permits or approval that may be required by the city, including, but not limited to, 459 a building permit. Notwithstanding the foregoing, no permits shall be issued until final 460 approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a 461 period of one year unless complete building plans have been submitted to the Division of 462 Building Services. 463 C. Administrative design review and administrative planned development, where applicable, 464 shall be exempt from the application fees and noticing fees otherwise required pursuant 465 to Chapters 21A.59 and 21A.55. 466 D. Following the approval of any administrative design review or planned development 467 application, any future alteration to the property, building or site shall comply with the 468 approved design review application unless a modification is approved subject to the 469 process outlined in Chapters 21A.59 and 21A.55, as applicable. 470 E. Final approval shall occur following the recording of the restrictive covenant. 471 F. Preliminary and final approvals shall be administrative approvals by the planning director 472 or the planning director's designee. 473 474 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.52.050.A. That 475 Subsection 21A.52.050.A of the Salt Lake City Code (Zoning: Zoning Incentives: Affordable 476 Housing Incentives: Purpose) shall be and hereby is amended to read as follows: 20 LEGISLATIVE 477 478 21A.52.050 AFFORDABLE HOUSING INCENTIVES: 479 A. Purpose: The incentives set forth in this section chapter are intended to encourage the 480 development of affordable housing. The provisions within this section are intended to 481 facilitate the construction of affordable housing by allowing more inclusive development 482 than would otherwise be permitted in the base zoning districts. Housing constructed using 483 the incentives is intended to be compatible in form with the neighborhood and provide for 484 safe and comfortable places to live and play. 485 486 SECTION 29. Amending the text of Salt Lake City Code Subsection 21A.52.050.G.3. 487 That Subsection 21A.52.050.G.3 of the Salt Lake City Code (Zoning: Zoning Incentives: 488 Affordable Housing Incentives: Incentives) shall be and hereby is amended to read as follows: 489 490 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General 491 Commercial, and I Institutional Zoning Districts: 492 a. The following housing types: row houses, sideways row houses, and cottage 493 developments are authorized provided the affordability requirements in 494 subsection b. are complied with;. 495 b. The minimum open space requirements in the I Institutional zoning district do 496 not apply. 497 c. To be eligible for the incentives listed in this subsection 3a., a development shall 498 meet the affordability requirements for Type C in Table 21A.52.050.G. 499 500 SECTION 30. Amending the text of Salt Lake City Code Chapter 21A.52. That Chapter 501 21A.52 of the Salt Lake City Code (Zoning: Zoning Incentives) shall be, and hereby is amended 502 to add a new Section 21A.52.060, with no other revisions to the chapter, to read as follows: 503 21A.52.060: BUILDING PRESERVATION INCENTIVES: 504 The provisions in this section provide optional incentives to development projects that include 505 the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may 506 be combined with the incentives outlined in Subsection 21A.52.060.B. 507 A. Adaptive Reuse for Additional Uses in Eligible Buildings: 508 509 1. Purpose: To allow additional land uses in buildings that generally contribute to the 510 character of the city so they can be redeveloped for economically viable uses. These 21 LEGISLATIVE 511 buildings may be underutilized or have outlived their original use due to economic 512 conditions, size of the building, a substantial degree of deterioration of the property, 513 or other factors. Eligible buildings may hold historical or cultural significance or 514 contribute to the existing neighborhood fabric through their architectural features, 515 size, or previous use. 516 517 2. Applicability: The incentives in this subsection apply to adaptive reuse of a building 518 that meets the eligibility standards in 21A.52.060.A.3. 519 520 3. Eligibility Standards: 521 a. The following buildings are eligible for the incentives in this subsection: 522 (1) Landmark Sites; 523 (2) Buildings individually listed on the National Register of Historic Places; 524 (3) Buildings designed and formerly used for schools, hospitals, places of 525 worship, or other similar institutional uses; and 526 (4) Buildings that the planning director has deemed significant based on the 527 structure’s association with events that have contributed to broad patterns of 528 history, association with lives of persons important in the city’s past, or 529 displays distinctive characteristics of a type, period, or method of 530 construction. 531 b. Exterior features that are important in defining the overall character of the 532 building shall be retained. 533 c. Exterior alterations to the eligible building shall meet the standards in 534 21A.34.020.G. 535 d. The proposed use is conducive to the preservation of the building. 536 e. A change of use to a residential use is not permitted in the OS (Open Space) 537 zoning district. 538 f.If the eligible building is located in a residential zoning district, and the existing 539 use is residential, a change of use to nonresidential is not permitted. 540 g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate 541 of Appropriateness in accordance with 21A.34.020. 542 4. Incentives: 543 a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use 544 may be allowed as a permitted or conditional use in zoning districts where 545 Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use 546 tables in Chapter 21A.33, subject to the provisions in this subsection and any 547 specific provisions applicable to the use in this title. Any conditional use shall be 548 reviewed pursuant to the procedures and standards outlined in Chapter 21A.54. 549 (1) Prohibited Uses: A change of use to one of the following uses is prohibited: 550 Ambulance services (indoor and outdoor), amusement park, auditorium, bio- 551 medical facility, bus line station/terminal, bus line yard and repair facility, car 552 wash, check cashing/payday loan business, community correctional facility 553 (large and small), contractor’s yard/office, drive-through facility associated 554 with any use, equipment rental (indoor and outdoor), gas station, heliport, 555 hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind 556 energy system, laundry and dry cleaning establishments, limousine service 22 LEGISLATIVE 557 (large and small), heavy manufacturing, pet cemetery, recycling collection 558 station, sexually oriented business, sign painting/fabrication, storage 559 (outdoor), public storage (outdoor), wireless telecommunications facility, 560 homeless resource centers, and any other uses that are only allowed in the 561 manufacturing districts. 562 b. Parking and Loading: The following are the minimum off-street parking and 563 loading requirements for the eligible building. These minimums may be further 564 reduced with the alternatives to minimum parking calculations in 21A.44.050. 565 (1) Multi-Family: 0.5 off-street parking space per dwelling unit is required; 566 (2) Nonresidential: The minimum number of required off-street parking spaces 567 for the proposed use listed in the general context of the required off-street 568 parking table in 21A.44 may be reduced by 40%; 569 (3) Existing Parking Below the Minimum: If the existing parking for the eligible 570 building does not meet the minimum off-street parking requirements above, 571 no additional parking shall be required; 572 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required. 573 c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements 574 of the zoning district do not apply for the adaptive reuse in all zoning districts. In 575 the RMF-30 zoning district, the minimum lot size per dwelling unit does not 576 apply. 577 578 5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 579 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of 580 which shall be approved by the city attorney. The restrictive covenant shall be 581 recorded on the property with the Salt Lake County Recorder prior to issuance of a 582 building permit for a building using the incentives. The restrictive covenant shall run 583 with the land for the duration of the adaptive reuse and shall provide for the 584 following, without limitation: 585 a. Acknowledge the use of the incentives, the nature of the approval, and any 586 conditions thereof; 587 b. Shall guarantee that the physical elements of the eligible building used to qualify 588 for the incentives shall remain in substantially the same form and exterior features 589 important to the character of the building shall be preserved for the duration of the 590 adaptive reuse or if subject to 21A.34.020, indefinitely unless otherwise permitted 591 by the terms of a certificate of appropriateness; 592 c. The terms of compliance with all applicable regulations and the potential 593 enforcement actions for any violation of the restrictive covenant. 594 595 6. Modifications to Approved Adaptive Reuse: Any modification to the use approved 596 under these incentives requires a new zoning incentives application. Any new 597 adaptive reuse shall also require a new zoning incentives application unless the new 598 use is permitted in the table of permitted and conditional uses for the zoning district. 599 600 7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the 601 property as set forth in 21A.52.060.A.5, shall be investigated and prosecuted pursuant 602 to 21A.20. The city shall have additional remedies or financial penalties for 23 LEGISLATIVE 603 violations as identified in the terms of the restrictive covenant required by Subsection 604 21A.52.060.A.5, which shall be reasonably related to enforcement of the 605 requirements and purpose of Subsection 21A.52.060.A. 606 607 B. Preservation of a Principal Building: 608 609 1. Purpose: The incentives set forth in this section are intended to encourage the 610 preservation of buildings, supporting city goals related to sustainability, 611 neighborhoods, economy, and housing. The provisions are designed to support 612 developments that include preserving an eligible building by allowing flexibility with 613 certain zoning regulations while still maintaining the unique urban fabric and 614 character of neighborhoods. 615 616 2. Applicability: The incentives in this subsection apply to projects in all zoning districts 617 that preserve an existing principal building that meets the eligibility standards in 618 21A.52.060.B.3. These incentives may be applied to existing principal buildings and 619 new construction within the same development area. For the purposes of this 620 subsection, the development area may include multiple abutting lots or parcels. 621 622 3. Eligibility Standards: 623 a. Minimum Building Age: The existing building to be preserved shall be a 624 minimum of 50 years old. 625 b. Minimum Footprint of Eligible Building: The footprint of the eligible building to 626 be preserved covers a minimum of 25% of the development area. A lower 627 percentage may be considered by the planning director if the building has frontage 628 on a public street, contains a publicly accessible use such as retail, restaurant, or 629 entertainment, or would be highly visible from public spaces within the interior of 630 the site. 631 c. Retention of All Existing Principal Structures: In the FR-1, FR-2, FR-3, R - 632 1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, SR-3, and all RMF zoning 633 districts, all existing principal structures included in the overall development area 634 shall be retained. 635 d. Modifications to Existing Building: A maximum of 25% of each street facing 636 building wall may be removed to accommodate modifications or additions. No 637 more than 50% of the building’s exterior walls may be removed. Portions of a 638 building wall with character defining architectural features shall not be removed. 639 e. Retention of Existing Active Commercial Uses: Eligible buildings with existing 640 active commercial uses with ground level street frontage are subject to the 641 following requirements. For the purpose of this subsection, active commercial 642 uses are those that support the vibrancy and usability of the public realm adjacent 643 to a building and encourage pedestrian activity and walk-in traffic. Active uses 644 may include retail goods/service establishments, restaurants, bars, art and craft 645 studios, or other uses determined to be substantially similar in terms of activation 646 by the planning director. 647 (1) A minimum of 50% of the length shall be retained along the street frontage in 648 the existing building or be included as part of the new development. If 24 LEGISLATIVE 649 included in the new development, the active commercial use shall have the 650 primary entrance on the street frontage with direct public access from the 651 street frontage. 652 (2) The existing depth of the active commercial use shall be maintained or a 653 minimum depth of 25 feet, whichever is less. 654 (3) These requirements do not apply to nonconforming active commercial uses 655 with ground level street frontage. 656 657 4. Incentives: 658 a. Planned Development Waived: A planned development is not required for the 659 following: 660 (1) More Than One Principal Building Per Lot: More than one principal building 661 per lot is allowed without having frontage along a public street. 662 (2) Lots without Frontage on a Public Street: Lots do not require frontage on a 663 public street if necessary cross access easements are provided. 664 b. Administrative Planned Development: The following are authorized through an 665 administrative planned development pursuant to the procedures and standards in 666 Chapter 21A.55. The minimum planned development size required by 667 21A.55.060 does not apply: 668 (1) Modification to the minimum yard requirements. 669 (2) Modification to the open space and landscaping requirements when the 670 modification specifically relates to preserving the existing building(s). 671 (3) Modifications to the provisions for awnings and canopies, balconies, patios, 672 and porches in Table 21A.36.020.B, Obstructions in Required Yards. 673 (4) Modifications to the parking location and setback requirements in Table 674 21A.44.060.A. 675 (5) Parking within the boundary of a planned development area but located on a 676 different parcel or lot than the use(s) it is intended to serve, is allowed and is 677 not considered off-site parking. The parking must only serve the uses within 678 the planned development area unless otherwise authorized by other provisions 679 of this title. 680 c.Minimum Lot Area, Width & Coverage: 681 (1) The minimum lot width for the land use found in the minimum lot area and lot 682 width tables of the zoning district does not apply. 683 (2) The minimum lot area for the land use found in the minimum lot area and lot 684 width tables of the zoning district only applies for the following zoning 685 districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000. 686 (3) RMF-30 zoning district: The minimum lot size per dwelling unit does not 687 apply. 688 (4) Lot coverage may be calculated for the overall development area not the 689 individual lot or parcel within the development area. 690 d.Height: Additional building height is authorized in zoning districts as indicated in 691 the following sections through administrative design review. The maximum 692 height per story of the additional building height incentive shall not exceed 12 693 feet. Administrative design review shall be reviewed pursuant to the procedures 694 and standards in Chapter 21A.59. The additional height authorized by this 25 LEGISLATIVE 695 subsection shall not be combined with the additional height authorized by 696 Subsection 21A.52.050, Affordable Housing Incentives. 697 698 (1) Residential districts: Zoning District Permitted Maximum Height with Incentive RMU-35 45’, regardless of abutting use or zone. RMU-45 55’, regardless of abutting use or zone. RB 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. 699 700 (2) Commercial Districts: Zoning District Permitted Maximum Height with Incentive CB 1 additional story equal to or less than the average height of the other stories in the building. CN May build one additional story equal to or less than the average height of the other stories in the building. CC 45’ CG 2 additional stories equal to or less than the average height of the other stories in the building. 3 additional stories equal to or less than the average height of the other stories in the building for properties in the boundary described in 21A.26.070.G. 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 702 (3) Form-based districts: Zoning District Permitted Maximum Height with Incentive MU-8 90’ and 2 additional stories equal to or less than the average height of the other stories in the building. FB-MU11 125’ and 3 additional stories equal to or less than the average height of the other stories in the building. FB-UN2 1 additional story equal to the average height of the other stories in the building. FB-SC 1 additional story equal to the average height of the other stories in the building. FB-SE 1 additional story equal to the average height of the other stories in the building. FB-UN1 3 stories and 30’ in height. 703 704 (4) Downtown districts: Zoning District Permitted Maximum Height with Incentive D-2 120’ and 2 additional stories equal to or less than the average height of the other stories in the building. D-3 180’ and 3 additional stories equal to or less than the average height of the other stories in the building. 705 706 (5) Other districts: Zoning District Permitted Maximum Height with Incentive GMU 180’ and 2 additional stories equal to or less than the average height of the other stories in the building. MU 60’ provided that the additional height is for residential uses only. I Building heights in excess of 35' but not more than 75' provided, that for each foot of height over 35', each required yard shall be increased 1'. UI Building heights in excess of 75' but not more 120' provided that the additional height is supported by the master plan and compatible with the adjacent neighborhood. OS – Lots greater than 4 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 708 709 e. Administrative design review is permitted for the following: 710 (1) Buildings in the CSHBD1 or CSHBD2 zoning district that exceed 20,000 711 square feet in size. 712 (2) Buildings in the CB zoning district that exceed 7,500 gross square feet of floor 713 area for a first-floor footprint or in excess of 15,000 gross square feet floor 714 area. 715 f. Parking: The following are the minimum off-street parking requirements unless a 716 lesser requirement is listed in the required off-street parking table in 21A.44. 717 These minimums may be further reduced with the alternatives to minimum 718 parking calculations in 21A.44.050. 719 (1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling 720 unit for all other residential uses. 721 (2) Nonresidential: The minimum number of required off-street parking spaces 722 for the proposed use listed in the required off-street parking table in 21A.44 723 may be reduced by 40%. 724 (3) Existing Parking Below the Minimum: If the existing parking for the eligible 725 building does not meet the minimum off-street parking requirements above, 726 no additional parking shall be required. 727 (4) Loading areas as indicated in Table 21A.44.070-A shall not be required. 728 729 g. Minimum Required Yards: The minimum required yards may apply to the 730 perimeter of the development area and not to the individual lot or parcel within 731 the development area. 732 733 5. Design Standards for New Construction: Unless a stricter design standard related to 734 each of the following is included in the base zone or Chapter 21A.37, the following 735 design standards are required for all zones except single and two-family zoning 736 districts: 737 a. Building Materials: Other than windows and doors, 50% of any street facing 738 facade shall be clad in durable materials. Durable materials include stone, brick, 739 masonry, textured or patterned concrete, fiber cement board or other material that 740 includes a minimum manufacturer warranty of 20 years from color fading, 741 weather, and local climate induced degradation of the material. Other materials 742 may be used for the remainder of the facade facing the street. Other materials 743 proposed to satisfy the durable requirement may be approved at the discretion of 744 the planning director if it is found that the proposed material is durable and is 745 appropriate for the proposed location on the building. 746 b. Glass: The surface area of the façade of each floor facing a street must contain a 747 minimum of 50% glass. If the ground level of the building is occupied by 748 residential uses that face the street the specified minimum glass requirement may 749 be reduced to 25%. 750 c. Maximum Length of a Blank Wall: The maximum length of any blank wall 751 uninterrupted by windows or doors at the ground floor level along any street 752 facing façade is 15 feet. Emergency exit doors and doors to access structured 753 parking or utility equipment shall not count as an interruption. 28 LEGISLATIVE 754 d. Maximum Length of Street Facing Facades: 755 (1) The maximum length of each street facing building facade shall not exceed 756 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts. 757 (2) The maximum length of each street facing building façade shall not 758 exceed 175 feet in all other zoning districts. 759 e. Building Entrances: At least one operable building entrance on the ground floor is 760 required for every street facing facade. Additional operable building entrances 761 shall be required on street facing facades every 40 feet for nonresidential uses and 762 every 75 feet for residential uses. All units adjacent to a public street shall have 763 the primary entrance on the street facing façade of the building with an 764 unenclosed entry porch, canopy or awning feature. 765 f. Garage Doors Facing Street: Garage doors are prohibited on the façade of the 766 building that is parallel to, or located along, a public street. 767 g. Screening of Mechanical Equipment: All mechanical equipment shall be screened 768 from public view and sited to minimize their visibility and impact. Examples of 769 siting include on the roof, enclosed or otherwise integrated into the architectural 770 design of the building, or in a rear or side yard area subject to yard location 771 restrictions found in Section 21A.36.020, Table 21A.36.020B, “Obstructions In 772 Required Yards”. 773 774 6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 775 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of 776 which shall be approved by the city attorney. The restrictive covenant shall be 777 recorded on the property with the Salt Lake County Recorder prior to issuance of a 778 building permit for a building using the incentives. The restrictive covenant shall run 779 with the land and shall provide for the following, without limitation: 780 a. Acknowledge the use of the incentives, the nature of the approval, and any 781 conditions thereof; 782 b. Shall guarantee that the physical elements of the eligible building used to qualify 783 for the incentives shall remain in substantially the same form and exterior features 784 important to the character of the building shall be preserved during the term; 785 c. Projects that apply the incentives to new buildings on the development site shall 786 guarantee retention of the eligible building used to qualify for the incentives for a 787 minimum term of 30 years or, if the eligible building is subject to 21A.34.020, 788 indefinitely unless otherwise permitted by the terms of a certificate of 789 appropriateness after such 30 year period; 790 d. The terms of compliance with all applicable regulations and the city’s potential 791 remedies for any violation of the restrictive covenant. 792 793 7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the 794 property as set forth in 21A.52.060.B.6, shall be investigated and prosecuted pursuant 795 to 21A.20. The city shall have additional remedies or financial penalties for violations 796 as identified in the terms of the restrictive covenant required by Subsection 797 21A.52.060.B.6, which shall be reasonably related to enforcement of the 798 requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a 799 violation of the covenant may include liquidated damages representing a reasonable 29 LEGISLATIVE 800 estimate of the value of the incentives, plus other associated damages valued up to 801 20% of the tax assessed value of the preserved building over the three preceding 802 years. 803 804 805 SECTION 31. Amending the text of Salt Lake City Code Section 21A.55.020. That 806 Section 21A.55.020 of the Salt Lake City Code (Zoning: Planned Developments: Authority) shall 807 be, and hereby is amended to read as follows: 808 809 21A.55.020: AUTHORITY: 810 A. Administrative Review: The planning director may approve, approve with 811 modifications, deny, or refer to the planning commission modifications to specific 812 zoning standards outlined in 21A.52.060.B.4.b for projects that meet the qualifying 813 provisions in 21A.52.060.B in accordance with the standards and procedures set forth in 814 this chapter and other regulations applicable to the district in which the property is 815 located. 816 817 B. Planning Commission Review: The Pplanning Ccommission may approve planned 818 developments for uses listed in the tables of permitted and conditional uses for each 819 category of zoning district or districts. The approval shall be in accordance with the 820 standards and procedures set forth in this chapter and other regulations applicable to the 821 district in which the property is located. 822 In approving a planned development, the Pplanning Ccommission may change, alter, 823 modify or waive the following provisions of this title: 824 1A. Zoning Aand Subdivision Regulations: Any provisions of this title or of the Ccity's 825 subdivision regulations as they apply to the proposed planned development except 826 that the Pplanning Ccommission cannot approve a use that is not allowed in the 827 zoning district in which the planned development is located, with the exception of 828 off-site parking as further described in this section. 829 2B. Off-Site Parking: Off-site pParking within the boundary of a planned development 830 area, but located on a different parcel or lot than the use(s) it is intended to serve, is 831 in zoning districts where off-site parking is not an allowed and not considered off- 832 site parking use. The parking must only serve the uses be located within the planned 833 development area unless otherwise authorized by other provisions of this title. 834 3C. Building Height: Up to five feet (5') of additional building height, except in the FR, 835 R-1, SR, or R-2 Zzoning Ddistricts where additional building height cannot be 836 approved through the planned development process. 837 4D. Density: Residential planned developments shall not exceed the density limitation 838 of the zoning district where the planned development is proposed except as allowed 839 below. The calculation of planned development density may include open space that 840 is provided as an amenity to the planned development. Public streets located within 30 LEGISLATIVE 841 or adjacent to a planned development shall not be included in the planned 842 development area for the purpose of calculating density. 843 a1. In the RMF Zzoning Ddistricts and on lots 0.20 acres or more in size, 844 developments that change a nonconforming commercial use to a residential use 845 that is allowed in the zoning district are exempt from the density limitations of 846 the zoning district when approved as a planned development. 847 848 SECTION 32. Amending the text of Salt Lake City Code Section 21A.55.030. That 849 Section 21A.55.030 of the Salt Lake City Code (Zoning: Planned Developments: Planning 850 Commission Decision) shall be and hereby is amended to read as follows: 851 852 21A.55.030: PLANNING COMMISSION DECISION: 853 854 A. No Presumption Oof Approval: A request for a planned development does not constitute 855 an assurance or presumption that such planned development will be approved. Rather, 856 each proposed planned development shall be evaluated on an individual basis, in relation 857 to its compliance with the standards and factors set forth in this chapter and with the 858 standards for the zoning district in which it is located, in order to determine whether the 859 planned development is appropriate at a particular location. 860 861 B. Approval: The Pplanning Ccommission or planning director in the case of administrative 862 planned developments, may approve a planned development as proposed or may impose 863 conditions necessary or appropriate for the planned development to comply with the 864 standards and factors set forth in this chapter. 865 866 C. Denial: The Pplanning Ccommission or planning director in the case of administrative 867 planned developments, may deny an application for a planned development if it finds that 868 the proposal does not meet the intent of the base zoning district, does not meet the 869 purpose of this chapter, or is not consistent with the standards and factors as set forth in 870 this chapter. 871 872 873 SECTION 33. Amending the text of Salt Lake City Code Section 21A.55.040. That 874 Section 21A.55.040 of the Salt Lake City Code (Zoning: Planned Developments: Procedures) 875 shall be and hereby is amended to read as follows: 876 877 21A.55.040: PROCEDURES: 878 31 LEGISLATIVE 879 A. Application: An application for a planned development shall be made on an application 880 form prepared by the zoning administrator and accompanied by applicable fees as noted 881 in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible 882 for payment of all mailing fees established for required public noticing. The applicant 883 must file an application for planned development approval with the Planning Director. A 884 complete application shall contain at least the following information submitted by the 885 applicant, unless certain information is determined by the zoning administrator Planning 886 Director to be inapplicable or unnecessary to appropriately evaluate the application. The 887 application submittal shall include one paper copy and one digital copy: 888 889 1. A complete description of the proposed planned development including the zoning 890 regulations being modified in the planned development and the planning objectives 891 being met; 892 2. When the proposed planned development includes provisions for common open space 893 or recreational facilities, a statement describing the provision to be made for the care 894 and maintenance of such open space or recreational facilities; 895 3. A written statement with supporting graphics showing how the proposed planned 896 development is compatible with other property in the neighborhood; 897 4. Plans, as required pursuant to sSection 21A.58.060 of this title, with the exception of 898 the number of copies required; 899 5. Architectural graphics including floor plans, elevations, profiles and cross sections; 900 6. A preliminary subdivision plat, if required; 901 7. Traffic impact analysis, where required by the City Transportation Division; and 902 8. Other information or documentation the zoning administratorPlanning Director may 903 deem necessary for proper review and analysis of a particular application. 904 905 B. Determination Oof Completeness: Upon receipt of an application for a planned 906 development, the zoning administratorPlanning Director shall make a determination of 907 completeness of the application pursuant to sSection 21A.10.010 of this title. 908 909 C. Public Notification and Engagement: 910 911 1. Notice of Application for Administrative Review: Prior to the approval of an 912 application that qualifies for administrative review, the planning director shall 913 provide written notice as provided in Chapter 21A.10.020.B. 914 915 2. Required Notice for Planning Commission Review: 916 a. Applications subject to planning commission review are subject to the notification 917 requirements of Chapter 2.60. 918 b. Any required public hearing is subject to the public hearing notice requirements 919 found in Chapter 21A.10. 920 921 Staff Report: Upon completing a site plan review and receiving recommendations from 922 applicable City department(s)/division(s), a staff report evaluating the planned development 923 application shall be prepared by the Planning Division and forwarded to the applicant and the 924 Planning Commission. 32 LEGISLATIVE 925 926 D. Public Hearing: The Planning Commission shall hold a public hearing to review the 927 planned development application in accordance with the standards and procedures set 928 forth in chapter 21A.10 of this title. 929 930 E. Planning Commission Action: Following the public hearing, the Planning Commission 931 shall decide, on the basis of the standards contained in section 21A.55.050 of this chapter 932 whether to approve, approve with modifications or conditions, or deny the application. 933 934 F. Notification Of Decision: The Planning Director shall notify the applicant of the decision 935 of the Planning Commission in writing, accompanied by one copy of the submitted plans 936 marked to show such decision and a copy of the motion approving, approving with 937 modifications, or denying the development plan application. 938 939 940 SECTION 34. Amending the text of Salt Lake City Code Section 21A.55.050. That 941 Section 21A.55.050 of the Salt Lake City Code (Zoning: Planned Developments: Standards for 942 Planned Developments) shall be, and hereby is amended, as to the preamble only with 943 Subsections A through G unchanged: 944 945 21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS: 946 947 The Pplanning Ccommission, or the planning director in the case of an administrative planned 948 development, may approve, approve with conditions, or deny a planned development based upon 949 written findings of fact according to each of the following standards. It is the responsibility of the 950 applicant to provide written and graphic evidence demonstrating compliance with the following 951 standards: 952 953 954 SECTION 35. Amending the text of Salt Lake City Code Section 21A.55.070. That 955 Section 21A.55.070 of the Salt Lake City Code (Zoning: Planned Developments: Appeal of the 956 Planning Commission Decision) shall be and hereby is amended to read as follows: 957 958 21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION: 959 Any person adversely affected by a final decision of the Pplanning Ccommission or planning 960 director in the case of administrative planned developments, on an application for a planned 961 development may appeal to the Aappeals Hhearing Oofficer in accordance with the provisions 33 LEGISLATIVE 962 of cChapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome 963 of the appeal, except as provided for under sSection 21A.16.030F of this title. 964 965 SECTION 36. Amending the text of Salt Lake City Code Section 21A.55.080. That 966 Section 21A.55.080 of the Salt Lake City Code (Zoning: Planned Developments: Time Limit on 967 Approved Planned Development) shall be and hereby is amended to read as follows: 968 969 21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT: 970 No planned development approval shall be valid for a period longer than one year unless a 971 building permit has been issued or complete building plans have been submitted to the Division 972 of Building Services and Licensing. The Pplanning Ccommission or planning director in the case 973 of an administrative planned development, may grant an extension of a planned development for 974 up to one additional year when the applicant is able to demonstrate no change in circumstance 975 that would result in an unmitigated impact. Extension requests must be submitted prior to the 976 expiration of the planned development approval. 977 978 SECTION 37. Amending the text of Salt Lake City Code Section 21A.55.090. That 979 Section 21A.55.090 of the Salt Lake City Code (Zoning: Planned Developments: Effect of 980 Approval of Planned Development) shall be and hereby is amended to read as follows: 981 982 21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT: 983 The approval of a proposed planned development by the Pplanning Ccommission or planning 984 director in the case of an administrative planned development, shall not authorize the 985 establishment or extension of any use nor the development, construction, reconstruction, 986 alteration or moving of any building or structure, but shall authorize the preparation, filing and 987 processing of applications for any permits or approvals that may be required by the regulations 988 of the Ccity, including, but not limited to, a building permit, a certificate of occupancy and 989 subdivision approval. 990 991 SECTION 38. Amending the text of Salt Lake City Code Section 21A.55.100. That 992 Section 21A.55.100 of the Salt Lake City Code (Zoning: Planned Developments: Modifications 993 to Development Plan) shall be and hereby is amended to read as follows: 34 LEGISLATIVE 994 995 21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN: 996 Following planned development approval, the development plan approved by the Pplanning 997 Ccommission or planning director in the case of an administrative planned development, shall 998 constitute the site design in relation to building placement and design, landscaping, mobility and 999 circulation elements, and any elements that were approved as zoning modifications through the 1000 planned development process. Modifications to the development plan may be allowed pursuant 1001 to this section. 1002 A. New Application Required Ffor Modifications Aand Amendments: No substantial 1003 Mmodifications or amendments shall be made in the construction, development or use 1004 without a new application under subject to the provisions of this section.title. Minor 1005 modifications or amendments may be made subject to written approval of the Planning 1006 Director and the date for completion may be extended by the Planning Commission upon 1007 recommendation of the Planning Director. 1008 B. Minor Modifications: The Pplanning Ddirector may authorize minor modifications to the 1009 approved development plan pursuant to the provisions for modifications to an approved 1010 site plan as set forth in chapter 21A.58 of this title when such modifications appear 1011 necessary in light of technical or engineering considerations necessary to comply with an 1012 adopted building, fire, or engineering code or standard or when the modification complies 1013 with the applicable standards in the underlying zoning district or overlay district. Such 1014 minor modifications shall be limited to the following elements: 1015 1. Adjusting the distance as shown on the approved development plan between any 1016 one structure or group of structures, and any other structure or group of structures, 1017 or any vehicular circulation element or any boundary of the site; 1018 2. Adjusting the location of any open space; 1019 3. Adjusting any final grade; 1020 4. Altering the types of landscaping elements and their arrangement within the 1021 required landscaping buffer area; 1022 5. Signs; 1023 6. Relocation or construction of accessory structures that comply with the provisions 1024 of 21A.40 and any applicable accessory structure regulations; or 1025 7. Additions which comply with the lot and bulk requirements of the underlying 1026 zone. 1027 Such minor modifications shall be consistent with the intent and purpose of this title and 1028 the development plan as approved pursuant to this chapter and shall be the minimum 1029 necessary to overcome the particular difficulty comply with the standards of the 1030 underlying zoning district or the applicable building, fire, or engineering code or standard 35 LEGISLATIVE 1031 and shall not be approved if such modifications would result in a violation of any 1032 standard or requirement of this title. A minor modification shall not be approved if the 1033 modification reduces a required building setback, authorizes an increase in lot coverage, 1034 or increases building height. 1035 C. Major Modifications: Any modifications to the approved development plan not 1036 authorized by sSubsection B of this section shall be considered to be a major 1037 modification. The Pplanning Ccommission or planning director in the case of an 1038 administrative planned development, shall give notice to all property owners consistent 1039 with notification requirements located in chapter 21A.10 of this title. The Pplanning 1040 Ccommission or planning director in the case of an administrative planned development, 1041 may approve an application for a major modification to the approved development plan, 1042 not requiring a modification of written conditions of approval or recorded easements, 1043 upon finding that any changes in the plan as approved will be in substantial conformity 1044 with the approved development plan. If the commission or planning director in the case 1045 of an administrative planned development, determines that a major modification is not in 1046 substantial conformity with the approved development plan, then the commission or 1047 planning director in the case of an administrative planned development, shall review the 1048 request in accordance with the procedures set forth in this section. 1049 D. Other Modifications: Any modification to the planned development that complies with 1050 the standards of the underlying zoning district or overlay zoning district is allowed 1051 provided the modification does not violate a condition of approval or other requirement 1052 placed on the planned development as part of the approval of the application and required 1053 permits and approvals are obtained. 1054 1055 SECTION 39. Amending the text of Salt Lake City Code Subsection 21A.59.020.A. That 1056 Subsection 21A.59.020 of the Salt Lake City Code (Zoning: Design Review: Authority: 1057 Administrative Review) shall be, and hereby is amended to read as follows: 1058 A. Administrative Review: The planning director may approve, approve with modifications, 1059 deny or refer to the planning commission modifications to specific design standards when 1060 proposed as new construction, an addition or modification to the exterior of an existing 1061 structure, or a modification to an existing structure as authorized in Section 21A.59.040, 1062 Table 21A.59.040 of this chapter or when authorized in the specific zoning district 1063 elsewhere in this title. 1064 1. The director shall approve a request to modify a design standard if the director 1065 finds that the proposal complies with the purpose of the individual zoning district, 1066 the purpose of the individual design standards that are applicable to the project, 1067 the proposed modification is compatible with the development pattern of other 1068 buildings on the block face or on the block face on the opposite side of the street, 36 LEGISLATIVE 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 and the project is compliant with the applicable design review objectives (Section 21A.59.050 of this chapter). 2. The director may approve a request to modify a design standard with conditions or modifications to the design if the director determines a modification is necessary to comply with the purpose of the base zoning district, the purpose of the applicable design standards of the base zoning, to achieve compatibility with the development pattern of other buildings on the block face or on the block face on the opposite side of the street, or to achieve the applicable design review objectives. 3. The director shall deny a request to modify a design standard if the design does not comply with the purpose of the base zoning district, the purpose of the applicable design standards or the applicable design review objectives and no modifications or conditions of approval can be applied that would make the design comply. 4. The director may forward a request to modify a design standard to the planning commission if the director finds that the request for modification is greater than allowed by this chapter, a person receiving notice of the proposed modification can demonstrate that the request will negatively impact their property, or at the request of the applicant if the director is required to deny the request as provided in this section. SECTION 40. Amending the text of Salt Lake City Code Section 21A.62.040. That 1091 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) shall 1092 be, and hereby is amended to read as follows: 1093 a. Amending the definition of “ADAPTIVE REUSE OF A LANDMARK 1094 BUILDING.” That the definition shall be amended to read as follows: 1095 1096 1097 1098 1099 1100 1101 ADAPTIVE REUSE FOR ADDITTIONAL USES IN ELIGIBLE OF A LANDMARK BUILDINGS: The process of reusing a building for a purpose other than which it was built or designed for landmark buildings original use is no longer feasible. Other land uses, in addition to those specifically listed in the land use tables, may be allowed as a permitted or conditional use subject to the provisions in Subsection 21A.52.060.A. b. Amending the definition of “PARKING, OFF SITE.” That the definition of 1102 “PARKING, OFF SITE” shall be amended to read as follows: 37 LEGISLATIVE 1103 PARKING, OFF SITE: An off-street parking area intended to serve one or more uses and that is 1104 located on a different parcel or lot than the use(s) it is intended to serve. Parking approved within 1105 the boundary of a planned development that only serves uses within the planned development 1106 area is not considered off-site parking. 1107 c. Repealing the definition “HOUSE MUSEUM IN A LANDMARK SITE” as 1108 follows: 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 HOUSE MUSEUM IN LANDMARK SITE: A dwelling unit which is converted from its original principal use as a dwelling unit to a staffed institution dedicated to educational, aesthetic or historic purposes. Such museum should include a staff who commands an appropriate body of special knowledge necessary to convey the historical, aesthetic or architectural attributes of the building and its collections to the general public. Such staff should also have the ability to reach museological decisions consonant with the experience of his or her peers and have access to and acquaintance with the literature of the field. Such museum should maintain either regular hours or be available for appointed visits such that access is reasonably convenient to the public. SECTION 15. Effective Date. This Ordinance shall become effective on the date of its 1119 first publication. 1120 1121 1122 1123 1124 2024. Passed by the City Council of Salt Lake City, Utah, this day of , CHAIRPERSON 1125 1126 1127 ATTEST AND COUNTERSIGN: 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 CITY RECORDER Transmitted to Mayor on . Mayor’s Action: Approved. Vetoed. MAYOR 1139 1140 1141 1142 CITY RECORDER (SEAL) 38 LEGISLATIVE 1143 Bill No. of 2024. 1144 Published: . 1145 Adaptive Reuse Preservation Incentives_Opt1(legislative)v1 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 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. 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 MEMORANDUM PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS Please contact me at 385-214-5311or michaela.oktav@slc.gov.com if you have any questions. TI1ank you. C-011cm·rence to initiate tlte zoning text amendment petition as noted aboue. 02/16/2023 Erin Mendenhall, Mayor Date •Page2 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 jill love jill love (May 2, 2024 14:54 MDT) Email:jill.love@slcgov.com Signature: