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: