HomeMy WebLinkAboutLegislative Version Ordinance - 12/19/20251
Project Title: Zoning Administration Text Amendment
Petition No.: PLNPCM2025-00164
Version: Transmitted
Date Prepared: 5/9/2025
Planning Commission Action: Recommended 5/28/2025
This proposed ordinance makes the following amendments (for summary purposes only):
Makes changes to code references associated with the amended sections, including in Title 2, 18
and 21A.
Lists design standards as a type of regulation in the zoning code (21A.04.010).
Authorizes HLC to modify any design standards (21A.06.050)
Deletes obsolete special exception language in 21A.06.030.
Modifies Zoning Administrator authority to Planning Director and adds section about designees
(21A.06.060).
Removes Development Review Team (DRT) as a decision-making body (21A.06.070) and
amends several sections to give authority to more appropriate staff or division.
Deletes chapter 21A.08 - Zoning Certificate and moves relevant standards to 21A.58.
Clarifies the administrative interpretations process, including who can apply, the decision’s effect
and its limitations (21A.12).
Amends 21A.12, 21A.16, 21A.33.010.C and 21A.50 to comply with state code regulations
regarding use classification request.
Makes changes to appeals chapter title and authority (21A.16) to include all types of decisions
under the appeals hearing officer purview and clarifies appeal periods.
Amends 21A.24.010.P.9 to allow modifications to grade changes when necessary to provide
driveway access.
Deletes 21A.32.056 - AG-20 Agricultural District because district is not in the zoning map and
thus regulations do not apply.
Deletes Chapter 21A.35 - Character Conservation Districts because no district has been created
and thus regulations have not been used since chapter was added to the code in 2012.
Clarifies how development standards apply for new uses and buildings on noncomplying lots
(21A.36.020.A).
Amends 21A.36.030.E to exempt from business license home occupations that do not create
impacts, as required by state law.
Reorganizes standards related to abandonment of nonconformity as to apply to both use and
structures (21A.38.020).
Amends 21A.38 to clarify noncomplying structure, noncomplying lots and the application
requirements to determine nonconformity.
Clarifying seasonal farm stand is permitted as a temporary use in Chapter 21A.42 and increasing
maximum period from 120 to 180 days. Maximum period for farmers’ market also increased to
180 days to match.
Updates chapter 21A.58 to replace obsolete site plan review process with current practice of
zoning review and approval process during building permit and business license.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
December 10, 2025
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Makes technical changes to several sections in Title 21A that simplifies, clarifies or makes
language more consistent.
Amends definitions in section 21A.62.040 associated with the other amended sections.
Underlined text is new; text with strikethrough is proposed to be deleted. Modifications made as part of
the Planning Commission recommendation are highlighted in yellow. All other text is existing with no
proposed change.
1. Amends Subsection 2.58.037.A.5 as follows: 1
5. Site plans, as required pursuant to section Chapter 21A.58.060 of this Code; 2
2. Amends Subsection 18.12.050.A as follows: 3
A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed pursuant to 4
Section Chapter 21A.06.090, may hear and decide appeals of civil fines and abatement costs 5
imposed pursuant to this title. As set forth in this section, the fines hearing officer may affirm 6
civil fines, reduce civil fines, and approve civil fine payment schedules. The fines hearing officer 7
may affirm or reduce an abatement statement of costs and may approve abatement cost payment 8
schedules. 9
3. Amends Subsection 21A.04.010.C as follows: 10
C. Types Of Regulations In This Title: The following types of regulations are contained in this title: 11
1. Land Use Regulations: Land use regulations for each base zoning district specify land 12
uses permitted as of right, or allowed after obtaining conditional use approval. The 13
regulations include special requirements applicable to specific uses. Land use regulations for 14
all districts appear in part III of this title. Land use regulations may be modified by overlay 15
districts also found in part III of this title, or by procedures in part V, "Amendments And 16
Special Approvals", of this title. 17
2. Development Standards: Development standards for each zoning district include fixed 18
dimensional standards and performance standards. Fixed dimensional standards are numerical 19
maximum or minimum conditions which govern the development on a site. These standards 20
are intended to promote uniformity of development in terms of the dimensions being 21
controlled. Performance standards establish certain criteria which must be met on a site, but 22
allow flexibility as to how those criteria can be met. 23
Development standards control the height, size, location and other particular aspects of 24
structures and uses on sites intended for development. These standards also prescribe off-25
street parking, landscaping and buffering requirements between districts and between certain 26
potentially incompatible uses. Development standards for each zoning district appear in part 27
III of this title. Development standards for base zoning districts may be modified by overlay 28
districts which are found in part III of this title, or through procedures in part V, 29
"Amendments And Special Approvals", of this title. The development standards in part III of 30
this title are supplemented by additional development standards in part IV of this title. The 31
development standards in part IV of this title also include sign regulations applicable to the 32
zoning districts. 33
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3. Design Standards: Design standards are dimensional and performance standards that 34
promote the district’s intended aesthetics and construction quality. These design standards are 35
located in part III and part IV of this title. The standards may be modified through procedures 36
in part V, "Amendments and Special Approvals", of this title. Part V of this title may also 37
require additional design standards to comply with the special approval goals and purposes. 38
3. 4. Administration: Administration includes creation of, and allocation of powers and 39
duties to, decision making bodies and officials, requirements for zoning certificates, general 40
application and public hearing procedures for administrative interpretations, appeals of 41
administrative decisions and variances. These administrative regulations appear in part II of 42
this title. 43
4. 5. Enforcement: Enforcement contains the remedies available to the City to enforce this 44
title. These regulations appear in part II of this title or may be included in other sections to 45
address violations of specific chapters. 46
4. Amends Section 21A.06.010 as follows: 47
21A.06.010: SUMMARY OF AUTHORITY 48
The City decision making bodies and officials described in this chapter, without limitation upon such 49
authority as each may possess by law, have responsibility for implementing and administering this title in 50
the manner described in sections 21A.06.020 through 21A.06.090 of this chapter. Other City departments 51
also have specific responsibilities related to this title and are identified in the appropriate sections. 52
5. Deletes Subsection 21A.06.030.C.8 as follows: 53
8. Authorize special exceptions to the terms of this title pursuant to the procedures and standards 54
set forth in chapter 21A.52, "Special Exceptions", of this title. 55
6. Amends Subsection 21A.06.040.B as follows: 56
B. Jurisdiction and Authority: The appeals hearing officer shall have the following powers and duties in 57
connection with the implementation of this title: 58
1. Hear and decide appeals from any administrative of decisions made by the zoning administrator in 59
the administration or the enforcement of this title pursuant to the procedures and standards set forth in 60
Chapter 21A.16, "Appeals of Administrative Decisions", of this title; 61
2. Authorize variances from the terms of this title pursuant to the procedures and standards set forth 62
in Chapter 21A.18, "Variances", of this title; 63
3. Hear and decide terminations of a nonconforming use by amortization pursuant to the procedures 64
and standards set forth in Chapter 21A.38; and appeals of any decision made by the historic landmark 65
commission, or the planning director in the case of administrative decisions, pursuant to the procedures 66
and standards set forth in Section 21A.34.020, "H Historic Preservation Overlay District", of this title; 67
4. Hear and decide any other matter involving application, administration or enforcement where 68
specifically authorized by a provision of this code. appeals from decisions made by the planning 69
commission concerning subdivisions or subdivision amendments pursuant to the procedures and 70
standards set forth in title 20, "Subdivisions and Condominiums", of this code; and 71
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5. Hear and decide appeals from administrative decisions made by the planning commission pursuant 72
to the procedures and standards set forth in this title. 73
7. Amends Subsection 21A.06.050.C.6.f as follows: 74
f. Any mModifications to bulk and lot regulations development and design standards, except 75
density and off-street parking, of the underlying zoning district where it is found that the 76
proposal complies with the applicable standards identified in Section 21A.34.020 and is 77
compatible consistent with the surrounding historic structures purpose of the H Historic 78
Preservation Overlay District; 79
8. Amends Section 21A.06.060 as follows: 80
21A.06.060: ZONING ADMINISTRATOR: PLANNING DIRECTOR: 81
Primary responsibility for administering and enforcing this title shall be delegated to the planning official 82
director. The planning director has the responsibility to process any application required by this title and 83
make administrative decisions as authorized by this title. Except as otherwise specifically provided in this 84
title, the The Ddirector may designate a staff person or staff persons in the division to carry out these 85
responsibilities as follow: The staff person(s) to whom such administrative and enforcement functions are 86
assigned shall be referred to in this title as the "Zoning Administrator". 87
A. Zoning Administrator: The zoning administrator shall be responsible for interpreting the 88
provisions of this title and of any rule or regulation issued pursuant to it. The zoning 89
administrator shall be responsible for zoning reviews and approvals and for administrative 90
decisions as specifically authorized by this title. 91
B. Planning Staff: The planning director or zoning administrator may delegate to staff the processing 92
of applications and issuing of administrative decisions. 93
9. Deleting Sections 21A.06.070 and 080 and renumbering existing Section 21A.06.090 to 94
21A.06.070 with no other changes to the “Fines Hearing Officer” section. 95
21A.06.070: DEVELOPMENT REVIEW TEAM (DRT): 96
The development review team shall consist of a designated representative from all City departments 97
and/or divisions involved in the development review/approval process, including, but not limited to, the 98
Department of Community and Neighborhoods, the Department of Public Services, the Police 99
Department, the Fire Department and the Department of Public Utilities, and shall be responsible for 100
advising the Zoning Administrator in the Zoning Administrator's administration of the site plan review 101
process pursuant to the provisions of chapter 21A.58 of this title. 102
21A.06.080: RESERVED. 103
21A.06.090: FINES HEARING OFFICER: 104
10. Deleting Chapter 21A.08 and reserving as follows: 105
CHAPTER 21A.08 - ZONING CERTIFICATE RESERVED 106
SECTION: 107
21A.08.010: Purpose Statement Applicability 108
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21A.08.020: Authority To Issue Zoning Certificate 109
21A.08.030: Zoning Certificate Requirement 110
21A.08.040: Application For Zoning Certificate 111
21A.08.050: Waiver Of Requirements 112
21A.08.060: Revocation Of Zoning Certificate 113
114
21A.08.010: PURPOSE STATEMENT: 115
The zoning certificate serves two (2) general purposes. First, it provides a means to document the review 116
of plans for conformance with this title. Second, because the certificate must be filed along with all other 117
applications submitted in connection with a specific development proposal, it provides an ongoing record 118
of actions taken with respect to the authorized use of a particular parcel or site. Because the certificate 119
serves as a vehicle for routine plan review by the zoning administrator prior to special reviews by other 120
decision making bodies, it avoids needless special reviews of incomplete plans. 121
21A.08.020: AUTHORITY TO ISSUE ZONING CERTIFICATE: 122
The zoning administrator shall have authority to issue zoning certificates, but only in accordance with the 123
provisions of this chapter. 124
21A.08.030: ZONING CERTIFICATE REQUIREMENT: 125
Except as otherwise expressly required herein upon April 12, 1995, a zoning certificate shall be required 126
for the following: 127
A. Building Permit: Any new principal building development activity requiring a building permit. 128
B. Change Of Land Use Type: Any change of land use type. 129
C. Increased Parking Or Landscaping Requirements: Any modification to a property or development 130
that requires an increase in parking or landscaping requirements. 131
21A.08.040: APPLICATION FOR ZONING CERTIFICATE: 132
Application for a zoning certificate may be made only by the owner of the property or building or the 133
property owner's authorized agent for which the zoning certificate is sought. The application shall be 134
made to the zoning administrator on a form or forms provided by the office of the zoning administrator. A 135
record of all zoning certificates issued shall be kept on file in the office of the zoning administrator. 136
A. Application Requirements For Building Permits Or Change In Land Use Type: Each application for 137
a zoning certificate for any new principal building permit, an increased parking requirement, an increased 138
landscaping requirement or change of land use type shall be accompanied by the following: 139
1. A statement describing: 140
a. The type of structure containing the use, if any, 141
b. The exact nature of the most recent use of such structure or lot, 142
c. The exact nature of the proposed use of the structure or lot, and 143
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d. The number of off street parking and loading spaces currently provided on the zoning lot; 144
2. A site plan, drawn to scale and fully dimensioned, including: 145
a. The topography, actual shape and dimensions of the lots to be built upon or used, 146
b. The exact size and location on the lot of the existing and proposed buildings, structures, and 147
accessory buildings, 148
c. The existing and intended use of each building or part of a building, 149
d. The number of dwelling units the building is designed to accommodate, 150
e. The number and location of off street parking stalls to be provided, 151
f. The location and design of loading docks and facilities, and 152
g. Such other information with regard to the lot and neighboring lots as may be necessary for the 153
enforcement of this title. (Ord. 62-09 § 10, 2009) 154
21A.08.050: WAIVER OF REQUIREMENTS: 155
The zoning administrator shall waive any or all of the submittal requirements of section 21A.08.040 of 156
this chapter, if information necessary to create a zoning certificate exists in existing city records 157
including, but not limited to, building permit, business licensing, appeals hearing officer records, and 158
board of adjustment records. (Ord. 8-12, 2012) 159
21A.08.060: REVOCATION OF ZONING CERTIFICATE: 160
A. Authority: A zoning certificate may be revoked by the zoning administrator in accordance with the 161
provisions of this section, if the recipient of the certificate fails to develop or maintain the property in 162
accordance with the plans submitted, the requirements of this title, or any additional requirements 163
lawfully imposed in connection with the issuance of the zoning certificate. 164
B. Notice: Before a zoning certificate may be revoked, written notice of the decision to revoke shall be 165
given to the certificate holder. The notice shall inform the certificate holder of the grounds for the 166
revocation and advise the certificate holder that the revocation shall be effective thirty (30) days from the 167
date of the notice unless before the revocation date, the certificate holder either: 1) demonstrates to the 168
satisfaction of the zoning administrator compliance with the requirements of the zoning certificate; or 2) 169
files an appeal of the zoning administrator's decision to revoke pursuant to subsection D of this section. 170
C. Effect Of Revocation: No person may continue to make use of land or buildings in the manner 171
authorized by any zoning certificate after such certificate has been revoked in accordance with this 172
section. 173
D. Appeal: Any person adversely affected by a final decision of the zoning administrator to revoke a 174
zoning certificate may appeal to the appeals hearing officer in accordance with the provisions of chapter 175
21A.16 of this title. 176
11. Amends Section 21A.12.030 as follows: 177
21A.12.030: PERSONS ENTITLED TO SEEK INTERPRETATIONS: 178
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Applications for interpretations may shall be filed only by a the property owner having need for an 179
interpretation or by the property owner's authorized agent. The request for interpretation shall be specific 180
to provisions of this title as it applies to the property. 181
12. Amends Section 21A.12.050 as follows: 182
21A.12.050: STANDARDS FOR USE INTERPRETATIONS: 183
A use interpretation determines whether a land use not listed in chapter 21A.33 is substantially similar to 184
a listed use and therefore subject to the same regulations. The following standards shall govern the zoning 185
administrator, and the appeals hearing officer on appeals from the zoning administrator, in issuing use 186
interpretations: 187
A. Any use defined in chapter 21A.62 of this title, shall be interpreted as defined; 188
B. Any use specifically listed without a "P" or "C" designated in the table of permitted and 189
conditional uses for a district shall not be allowed in that zoning district; 190
C. No use interpretation shall allow a proposed use in a district unless evidence is presented 191
demonstrating that tThe proposed use, if allowed, will shall comply with the development 192
standards established for that particular district; 193
D. No A use interpretation shall only allow any use in a particular district unless such a proposed use 194
is that is substantially similar to the uses allowed in that district and is more similar to such uses 195
than to uses allowed in a less restrictive prohibited in the district; 196
E. If the proposed use is most similar to a conditional use authorized in the district in which it is 197
proposed to be located, any use interpretation allowing such use shall require that it may be 198
approved only as a conditional use pursuant to chapter 21A.54 of this title; and 199
F. No use interpretation shall permit the establishment of any use that would be inconsistent with the 200
statement of purpose of that zoning district.; and 201
G. A proposed use that is not similar to a listed use may be approved only as a zoning amendment 202
pursuant to Chapter 21A.50 of this title. 203
13. Amends Section 21A.12.060 as follows: 204
21A.12.060: EFFECT OF USE INTERPRETATIONS: 205
A use An administrative interpretation finding a particular use to be a permitted use or a conditional use 206
shall not authorize the establishment of such a use nor the development, construction, reconstruction, 207
alteration or moving of any building or structure. It shall merely authorize the preparation, filing, and 208
processing of applications for any approvals and permits that may be required by the codes and 209
ordinances of the city including, but not limited to, a zoning certificate, a building permit, a certificate of 210
occupancy, subdivision approval, and site plan approval. respond to the specific interpretation request 211
submitted with respect to the application of this title to a particular property. An interpretation is not 212
binding absent the approval of separate land use application coupled with other detrimental reliance 213
associated therewith in a manner consistent with the terms of the interpretation. 214
14. Amends Section 21A.12.070 as follows: 215
21A.12.070: LIMITATIONS ON USE INTERPRETATIONS: 216
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A use An administrative interpretation finding a particular use to be a permitted use or a conditional use 217
in a particular district shall be specific to the situation being interpreted and deemed to authorize only that 218
particular use in the district and such use interpretation shall not be deemed to authorize any other 219
allegedly similar use or situation for which a separate use interpretation has not been issued. 220
15. Amends the name of Chapter 21A.16 with no other revisions to the chapter (except as specifically 221
noted below): 222
CHAPTER 21A.16 223
APPEALS OF ADMINISTRATIVE DECISIONS 224
16. Amends Subsection 21A.16.010.A as follows: 225
A. Title 21A Appeals, Applications and Determinations: As described in section 21A.06.040 of this 226
title, tThe appeals hearing officer shall hear and decide or make determinations regarding appeals 227
of: 228
1. Appeals alleging an error in any aAdministrative decisions made by the zoning administrator, 229
the planning commission or the historic landmark commission involving the application, 230
administration, enforcement or compliance with Title 21A of this titlecode; 231
2. Appeals from dDecisions made by the planning commission concerning subdivisions or 232
subdivision amendments pursuant to the procedures and standards set forth in Title 20 of this 233
code; 234
3. Decisions made by the historic landmark commission pursuant to the procedures and standards 235
set forth in Section 21A.34.020; Applications for variances as per chapter 21A.18 of this title; 236
4. Decisions made by the planning commission pursuant to the procedures and standards set forth 237
in this title; The existence, expansion or modification of nonconforming uses and noncomplying 238
structures pursuant to the procedures and standards set forth in chapter 21A.38, "Nonconforming 239
Uses and Noncomplying Structures", of this title; and 240
5. Any other matter involving application, administration or enforcement of this code where 241
specifically authorized by a provision of this code. 242
17. Amends Subsection 21A.16.030.C as follows: 243
C. Time for Filing an Appeal: The deadlines for filing a complete application for appeal are: 244
1. Administrative decisions made by the zoning administrator or planning director: ten (10) 245
days; 246
2. Planning commission decisions: ten (10) days; 247
3. Historic landmark commission or administrative decisions authorized in 21A.34.020: thirty 248
(30) days for appeals filed by the applicant, ten (10) days for appeals filed by any other party 249
entitled to appeal.; 250
4. City council decisions regarding unlisted land uses: ten (10) days. 251
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18. Adds Subsection 21A.16.030.I.3 as follows: 252
3. An appeal of a city council decision regarding an unlisted land use shall be based on the record 253
made below. 254
a. No new evidence shall be heard by the appeals hearing officer unless such evidence was 255
improperly excluded from consideration below. 256
b. The appeals hearing officer shall presume that the decision of the city council is valid, 257
provided the decision was made in compliance with the procedures set forth in 21A.50, 258
and shall uphold the decision of the city council if it is reasonably debatable that the city 259
council’s decision is consistent with the purpose and standards of this title. 260
19. Amends Section 21A.18.090 as follows: 261
21A.18.090: EFFECT OF GRANTING A VARIANCE: 262
The granting of a variance shall not authorize the establishment or extension of any use, nor the 263
development, construction, reconstruction, alteration or moving of any building or structure but shall 264
merely authorize the preparation, filing and processing of applications for any permits and approval that 265
may be required by the regulations of the city, including, but not limited to, a zoning certificate, a 266
building permit, a certificate of occupancy, subdivision approval, and site plan approval. 267
20. Amends Subsection 21A.20.080.A as follows: 268
A. Powers And Duties Of Fines Hearing Officer: The Fines Hearing Officer, appointed pursuant to 269
section 21A.06.09070 of this title, may hear and decide appeals of civil fines imposed pursuant to 270
this chapter. As set forth in this section, the Fines Hearing Officer may reduce civil fines and 271
approve civil fine payment schedules. 272
21. Deletes the following rows in Subsection 21A.22.010 as follows, with no other changes to the 273
table: 274
Section Reference District Name
E. Special Purpose Districts:
21A.32.056 AG-20 Agricultural District
G. Character Conservation Districts:
21A.35.010 Purpose
22. Deletes Subsection 21A.24.010.B and reserving, as follows: 275
B. Site Plan Review: In certain districts, permitted uses and conditional uses have the potential for 276
adverse impacts if located and laid out without careful planning. Such impacts may interfere with 277
the use and enjoyment of adjacent property and uses. Site plan review is a process designed to 278
address such adverse impacts and minimize them where possible. Site plan review is not required 279
for single-family, two-family and twin home dwellings unless they are approved as a conditional 280
use. All other uses shall be subject to the site plan review regulations contained in chapter 21A.58 281
of this title. Reserved 282
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23. Amends Subsection 21A.24.010.J as follows: 283
J. Basement Structures: All dwellings must shall have at least one full story aboveground. 284
Residential structures built into a hillside with may have less than all elevations exposed when 285
constrained by the slope of the site may be approved through the site plan review process. 286
24. Amends Subsection 21A.24.010.P.9 as follows: 287
9. Roads And Driveways: To ensure that private roads and driveways minimize impact on the 288
natural landscape, plans for the design and improvement of roads and driveways shall be 289
subject to review and approval by the City Engineer and Fire Department as a condition of 290
building permit issuance. Design standards and guidelines for private roads and driveways 291
shall include the following: 292
a. Driveways which serve more than one parcel are encouraged as a method of reducing 293
unnecessary grading, paving, and site disturbance. The drive approach for driveways 294
which serve more than one parcel shall not exceed the standard widths for drive 295
approaches as specified by the Salt Lake City Transportation Division. 296
b. Driveway approaches shall not be located within six feet (6') of any side property line. 297
The zoning administrator Exceptions may be considered by the development review 298
team, approve exceptions based on the driveway slope and dimension, slope of the 299
roadway or lot, location of existing drive approaches serving abutting properties, and 300
proposed uses. 301
(1) Driveway approaches shall maintain a twelve foot (12') separation from another 302
drive approach. Drive approaches shall be located ten feet (10') from a corner 303
property line or five feet (5') from the termination of a corner curb radius, whichever 304
is greater. Drive approaches located along a designated right turn lane shall maintain 305
a fifty foot (50') setback from the termination of a corner curb radius. The zoning 306
administrator Exceptions to those requirements may be approved by the development 307
review team exceptions to this requirement. 308
c. A driveway shall not exceed sixteen percent (16%) average slope with standard vertical 309
curve transitions from the property line to a legal parking space. 310
(1) The cross slope of driveways should may not exceed four percent (4%). 311
d. Driveway approaches shall maintain a five foot (5') offset from power poles, fire 312
hydrants, trees or any other roadside hazards. The zoning administrator Exceptions to 313
those requirements may be approved by the development review team exceptions to this 314
requirement. 315
e. Sight obstructions along driveways shall maintain a ten foot (10') wide by ten foot (10') 316
deep sight distance triangle as noted in section 21A.62.050, figure 21A.62.050I of this 317
title. Obstructions in the required sight distance triangle shall generally not exceed thirty 318
inches (30") in height. The zoning administrator Exceptions may be approved by the 319
development review team exceptions based upon location and type of material. 320
f. The zoning administrator may approve grade changes that exceed the limitations in 321
21A.24.010.P.6 when necessary to accommodate a driveway that provides access to legal 322
parcels or legal parking areas. 323
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25. Amends Subsection 21A.24.010.P.10.a as follows: 324
a. Site Plan Submittal: As a part of the site plan zoning review process, a fencing plan shall 325
be submitted which shall show: 326
(1) Any specific subdivision approval conditions regarding fencing; 327
(2) Material specifications and illustrations necessary to determine compliance with 328
specific subdivision approval limitations and the standards of this section. 329
26. Amends Subsection 21A.24.120.E.7 as follows: 330
7. Any density bonus granted will shall be documented through a zoning certificate in 331
accordance in Chapter 21A.08. The zoning certificate will be issued by the Building Services 332
Division once the bonus unit has passed its final building inspection. The certificate will 333
indicate that this unit was established through the preservation of the existing structure on the 334
site. restrictive covenant, the form of which shall be approved by the city attorney. The 335
restrictive covenant shall be recorded on the property with the Salt Lake County Recorder 336
prior to final inspection of the bonus units. The restrictive covenant shall run with the land 337
and shall provide for the following, without limitation: 338
a. Indicate that bonus dwelling units were established by retaining existing structures on a 339
site. 340
b. Guarantee that the building(s) containing the unit(s) used to qualify for the bonus units 341
shall not be demolished unless the associated bonus units are also demolished; and 342
c. Establish that the terms of the restrictive covenant are enforceable by the city or, pursuant 343
to Utah Code Section 10-9a-802 (or its successor), any adversely affected party, and that 344
in any such enforcement action the court shall award the prevailing party its attorneys' 345
fees. 346
27. Deletes Subsection 21A.25.010.J and reserving, as follows: 347
J. Site Plan Review: In certain districts, permitted uses and conditional uses have the potential for 348
adverse impacts if located and laid out without careful planning. Such impacts may interfere with 349
the use and enjoyment of adjacent property and uses. Site plan review is a process designed to 350
address such adverse impacts and minimize them where possible. Site plan review is required for 351
all conditional uses, and all permitted uses except single-family dwellings, two-family dwellings, 352
and twin homes. All uses in these districts shall be subject to the site plan review regulations 353
contained in chapter 21A.58 of this title. Reserved 354
28. Deletes Subsection 21A.32.010.B and reserving, as follows: 355
B. Site Plan Review: In certain districts, permitted uses and conditional uses have the potential for 356
adverse impacts if located and laid out without careful planning. Such impacts may interfere with 357
the use and enjoyment of adjacent property and uses. Site plan review is a process designed to 358
address such adverse impacts and minimize them where possible. Site plan review of 359
development proposals is required in the RP, BP, FP, PL, PL-2, I, UI, MH and MU districts. All 360
uses in these districts shall be subject to the site plan review regulations contained in chapter 361
21A.58 of this title. Reserved 362
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29. Amends Subsection 21A.32.020.G as follows: 363
G. Attached Buildings On Separate Lots: Buildings on separate lots of record that are attached by a 364
common wall along the interior side lot line may be permitted, subject to the site plan review 365
approval pursuant to the provisions of chapter 21A.58 of this title when the lots are part of a 366
single development. Where such buildings are authorized, the requirement for interior side yards 367
in subsection F3 of this section shall be waived. 368
30. Amends Subsection 21A.32.020.H.3 as follows: 369
3. Interior Side Yard: Eight feet (8'). Where a common access drive serves two (2) adjacent lots 370
and extends along the side lot line to parking facilities in the rear of the lot, this landscape 371
yard may be reduced or eliminated if the reduction or elimination is compensated for by 372
increasing another landscape yard, subject to site plan review approval. 373
31. Amends Subsection 21A.32.030.I.2 as follows: 374
2. Outdoor Storage: Accessory outdoor storage shall be screened with a solid fence and 375
approved through the site plan review process. 376
32. Amends Subsection 21A.32.040.I.1 as follows: 377
1. Site Plan Submittal: As a part of the site plan zoning review process, a fencing plan shall be 378
submitted which shall show: 379
a. Any specific subdivision approval conditions regarding fencing; 380
b. Material specifications and illustrations necessary to determine compliance with specific 381
subdivision approval limitations and the standards of this section. 382
33. Amends Subsection 21A.32.080.I as follows: 383
I. Traffic And Parking Impact: The traffic and parking characteristics of institutional uses can have a 384
significant impact on the nearby residential neighborhoods. To ensure that these characteristics do 385
not impair the safety or enjoyment of property in nearby areas, a traffic and parking study shall be 386
submitted to the City in conjunction with the site plan review provisions of this title whenever a 387
new use, an expansion of an existing use, or an expansion of the mapped district is proposed. 388
New institutional uses or expansions/intensifications of existing institutional uses shall not be 389
permitted unless the traffic and parking study provides clear and convincing evidence that no 390
significant impacts will occur. The Zoning Administrator may, upon recommendation of the 391
Transportation Director development review team, waive the requirement for a traffic and 392
parking study if site conditions clearly indicate that no impact would result from the proposed 393
development. 394
34. Amends Subsection 21A.32.090.K as follows: 395
K. Traffic And Parking Impact: The traffic and parking characteristics of institutional uses can have 396
a significant impact on the nearby residential neighborhoods. To ensure that these characteristics 397
do not impair the safety or enjoyment of property in nearby areas, a traffic and parking study shall 398
be submitted to the City in conjunction with the site plan review provisions of this title whenever 399
a new use, any additional parking is provided or required for an expansion of an existing use, or 400
for any an expansion of a mapped district is proposed. Unless the traffic and parking study 401
13
provides clear and convincing evidence that no significant impacts will occur, the application 402
shall be denied. The Zoning Administrator may, upon recommendation of the Transportation 403
Director development review team, waive the requirement for a traffic and parking study if site 404
conditions clearly indicate that no impact would result from the proposed development. 405
35. Deletes Section 21A.32.056 as follows: 406
21A.32.056: AG-20 AGRICULTURAL DISTRICT: 407
A. Purpose Statement: The purpose of the AG-20 Agricultural District is to preserve and protect 408
agricultural uses, on lots not less than twenty (20) acres, in suitable portions of Salt Lake City. These 409
regulations are also designed to minimize conflicts between agricultural and nonagricultural uses. 410
This district is appropriate in areas of the City where the applicable master plans support this type of 411
land use. 412
B. Uses: Uses in the AG-20 Agricultural District as specified in section 21A.33.070, "Table Of 413
Permitted And Conditional Uses For Special Purpose Districts", of this title are permitted subject to 414
the general provisions set forth in section 21A.32.010 of this chapter and this section. 415
C. Minimum Lot Area And Lot Width: 416
Land Use Minimum Lot
Area
Minimum Lot
Width
Agricultural uses 20 acres 500 feet
Kennels, public and private 5 acres 220 feet
Natural open space and conservation areas, public and
private
No minimum No minimum
Pet cemetery 2 acres 150 feet
Public pedestrian pathways, trails and greenways No minimum No minimum
Public/private utility wires, lines, pipes and poles No minimum No minimum
Utility substations and buildings 5,000 square feet 50 feet
Other permitted or conditional uses as listed in section
21A.33.070 of this title
20 acres 500 feet
417
D. Maximum Building Height: Building height shall be limited to forty five feet (45'). Building 418
heights in excess of forty five feet (45') but not more than sixty five feet (65') may be approved 419
through the design review process provided that the additional height is compatible with adjacent 420
properties and does not conflict with the Airport Flight Path Protection Overlay Zone. 421
E. Minimum Yard Requirements: 422
1. Front Yard: Fifty feet (50'). 423
2. Corner Side Yard: Fifty feet (50'). 424
14
3. Interior Side Yard: None required. 425
4. Rear Yard: None required. 426
5. Accessory Buildings And Structures In Yards: Accessory buildings and structures may be located 427
in required yard areas subject to section 21A.36.020, table 21A.36.020B of this title. 428
F. Required Landscape Yards: None required. 429
G. Restrictions On Agricultural Uses: In addition to the applicable foregoing regulations, agricultural 430
uses shall comply with the following requirements: 431
1. No feeding, grazing, or sheltering of livestock and poultry, whether within penned enclosures or 432
within enclosed buildings, shall be permitted within fifty feet (50') of an existing single- family 433
dwelling on an adjacent lot. 434
36. Amends Subsection 21A.32.110.K.2 as follows: 435
2. The configuration of the entrance road connecting the park to a public street shall be approved 436
by the Transportation Director subject to site plan review. 437
37. Amends Subsection 21A.32.140.E.4.c as follows: 438
b. Expansions of Existing Uses: No commercial or industrial land use shall expand to an 439
extent that increases its daily potable water consumption or use to exceed an annual 440
average of two hundred thousand (200,000) gallons of potable water per day. 441
Notwithstanding the provisions of Subsection 21A.38.040.HE, an existing land use 442
that exceeds the water use threshold may not expand if the expansion will result in a 443
net increase in water consumption or use. The use and consumption limit is based on 444
the total use from all water meters that serve the land use. 445
38. Adds Subsection 21A.33.010.C.1 as follows: 446
1. Unlisted uses: A land use not listed in this chapter may be found to be substantially similar to 447
a listed use and therefore subject to the same regulations through a use interpretation, 448
pursuant to the standards in 21A.12. 449
39. Deletes Subsection 21A.33.010.D.2 as follows: 450
2. Reserved. 451
40. Amends Subsection 21A.33.010.D.1.b as follows: 452
b. Expansions of Existing Uses: No commercial or industrial land use shall expand to an 453
extent that increases its daily potable water consumption or use to exceed an annual 454
average of two hundred thousand (200,000) gallons of potable water per day. 455
Notwithstanding the provisions of Subsection 21A.38.040.HE, an existing land use 456
that exceeds the water use threshold may not expand if the expansion will result in a 457
net increase in water consumption or use. The use and consumption limit is based on 458
the total use from all water meters that serve the land use. 459
15
41. Deletes the “AG-20” column in Section 21A.33.070 as follows, with no other changes to the 460
table: 461
Use Permitted And Conditional Uses By District
AG-20
Accessory use, except
those that are otherwise
specifically regulated
elsewhere in this title
P
Adaptive reuse for
additional uses in eligible
buildings
Affordable housing
incentives development
Agricultural use P
Air cargo terminals and
package delivery facility
Airport
Alcohol:
Brewpub (2,500 square
feet or less in floor area)
Brewpub (more than
2,500 square feet in
floor area)
Ambulance service
(indoor)
Ambulance service
(outdoor)
Amphitheater, informal
Animal:
Kennel on
lots of 5
acres or
lar e
P8
Pet
cemeter P4
Stable
(private) P
Stable
(public) P
Veterinary
office
Antenna, communication
tower P
Antenna, communication
tower exceeding the
16
maximum building height
in the zone
Art gallery
Artisan food production
Bed and breakfast
Bio-medical facility
Botanical garden
Brewery, small
Cannabis production
establishment P
Cemetery
Clinic (medical, dental)
Commercial food
preparation
Community garden P
Convent/monastery
Data center
Daycare center, adult
Daycare center, child
Dwelling:
Accessory unit P
Assisted living facility
(large)
Assisted living facility
(limited capacity)
Assisted living facility
(small)
Congregate care facility
(large)
Congregate care facility
(small)
Group home (small)
Living quarters for
caretaker or security
guard
Manufactured home
Mobile home
Multi-family
Single-family
(detached)
Exhibition hall
17
Extractive industry
Fairground
Financial institution
Financial institution with
drive-through facility
Gas station
Golf course
Heliport
Home occupation P17
Hospital, including
accessory lodging facility
Hotel/motel
Hunting club, duck
Industrial assembly
Jail
Jewelry fabrication
Laboratory, medical related
Large wind energy system C
Library
Light manufacturing
Manufacturing, concrete or
asphalt
Mixed use development
Mobile food business
(operation on private
property)
Municipal service uses,
including City utility uses
and police and fire stations
P
Museum
Nursing care facility
Office
Open space P
Park P
Parking:
Commercial
Off site
Off site (to support uses
in an OS or NOS
Zoning District)
Park and ride lot
18
Park and ride lot shared
with existing use
Performing arts production
facility
Pharmacy
Place of worship
Radio, television station
Reception center
Recreation (indoor,
outdoor)
Research and development
facility
Restaurant
Restaurant with drive-
through facility
Retail (goods or services)
School:
College or university
K - 12 private
K - 12 public
Music conservatory
Professional and
vocational
Seminary and religious
institute
Short term rental
Solar array
Stadium
Storage, accessory
(outdoor)
Studio, art
Technology facility
Theater, live performance
Theater, movie
Transportation terminal,
including bus, rail and
trucking
Urban farm P
Utility, building or
structure P1
19
Vehicle, automobile rental
agency
Vending cart, private
property
Vending cart, public
property
Warehouse
Wholesale distribution
Zoological park
42. Amends footnote 6 to the table in Section 21A.33.070 as follows: 462
6. Radio station equipment and antennas shall be required to go through the site plan review process to 463
ensure that the color, design and location of all proposed equipment and antennas are screened or 464
integrated into the architecture of the project and are compatible with surrounding uses. 465
43. Deletes Subsection 21A.34.010.B and reserving, as follows: 466
B. Site Plan Review: Permitted uses and conditional uses in the Overlay Districts have the potential 467
for adverse impacts if located and laid out on lots without careful planning. Such impacts may 468
interfere with the use and enjoyment of adjacent property and uses. Site plan review is a process 469
designed to address such adverse impacts and minimize them where possible. Site plan review of 470
development proposals is required in the T Transitional Overlay District, the LC Lowland 471
Conservancy Overlay District, and the LO Landfill Overlay District. All uses in these districts 472
shall be subject to the site plan review regulations contained in chapter 21A.58 of this title. 473
Reserved 474
44. Amends Subsection 21A.34.040.FF.7 as follows: 475
7. Plan Approval: All landscape plans shall be coordinated with the city's departments and 476
divisions development review team (DRT) and planning division, for review and comment on 477
compliance with city ordinances and these performance standards. The planning director and 478
director of airports shall jointly approve final landscaping plans for any airport parking lot. 479
45. Amends Subsection 21A.34.120.E.2 as follows: 480
2. Noncomplying Detached Garages: An existing noncomplying detached garage located in the 481
rear yard may be rebuilt or expanded at its existing location to a maximum size of four 482
hundred forty (440) square feet subject to the approval of the development review team 483
(DRT) zoning administrator. 484
46. Amends Subsection 21A.34.150.D.1 as follows: 485
1. Permitted Uses: Permitted uses located in the IP Inland Port Overlay District shall be subject 486
to the site plan review requirements found in chapter 21A.58 of this title. 487
47. Deletes Chapter 21A.35 as follows: 488
CHAPTER 21A.35 489
CHARACTER CONSERVATION DISTRICTS 490
20
SECTION: 491
21A.35.010: Purpose 492
21A.35.020: Applicability 493
21A.35.030: General Provisions 494
21A.35.040: Petition Initiation For A Character Conservation District 495
21A.35.050: Planning Director Report To The City Council 496
21A.35.060: District Plan And Design Standards Formulation And Review 497
21A.35.070: Character Conservation District Plan And Design Standards Ordinance Review 498
21A.35.080: Character Conservation District Standards 499
21A.35.090: Adjustment Or Repeal Of A Character Conservation District 500
501
21A.35.010: PURPOSE: 502
The city recognizes the substantial aesthetic, environmental and economic importance of its 503
neighborhoods and commercial districts. The purpose of this chapter is to establish policies, regulations 504
and standards to protect neighborhood character and to ensure that development in a character 505
conservation district is compatible and enhances the quality and character of Salt Lake City. The intent of 506
this chapter is to promote the general welfare of the public of the city through the protection, 507
conservation, preservation, enhancement, perpetuation and use of structures, sites and areas that are 508
characteristic to each of the unique areas of Salt Lake City. 509
A. Specific purposes of character conservation districts for residential neighborhoods and commercial 510
districts are as follows: 511
1. To protect and strengthen desirable and unique physical features, design characteristics, and 512
recognized identity and charm. 513
2. To promote and provide for economic revitalization. 514
3. To protect and enhance the livability of the city. 515
4. To reduce conflict and prevent blighting caused by incompatible and insensitive development and 516
to promote new compatible development. 517
5. To stabilize property values. 518
6. To provide residents and property owners with a planning tool for future development. 519
7. To promote and retain affordable housing. 520
8. To encourage and strengthen civic pride. 521
522
21A.35.020: APPLICABILITY: 523
The regulations set forth in this chapter shall apply to properties located within the boundaries designated 524
as a character conservation district on the Salt Lake City zoning map. In the case of conflict between the 525
21
character conservation district standards and other requirements contained in other chapters of the zoning 526
ordinance, the standards of the character conservation district shall prevail. 527
528
21A.35.030: GENERAL PROVISIONS: 529
A. Establishment By Ordinance: Each character conservation district must be established by a separate 530
character conservation district ordinance. The city council shall approve a character conservation district 531
ordinance in accordance with this chapter. 532
B. Special Review Procedure: If the planning director determines that, due to the sensitivity of the 533
area, or due to the nature of the proposed regulations for the area, a special administrative procedure 534
needs to be established for the review of proposed work in a character conservation district, such a 535
procedure may be incorporated into the character conservation district ordinance before it is approved by 536
the city council. 537
C. Administrative Review Of Projects Subject To Adopted Character Conservation District Standards: 538
Following administrative review of an application subject to the standards of an adopted character 539
conservation district, staff shall approve, conditionally approve or refer the application to the historic 540
landmark commission for consideration. 541
542
21A.35.040: PETITION INITIATION FOR A CHARACTER CONSERVATION DISTRICT: 543
A. An application for a character conservation district feasibility study may be filed with the planning 544
director on an application form furnished by the planning division. The following are those who are 545
authorized to submit an application: 546
1. The mayor; 547
2. A majority of the city council; or 548
3. Property owners with fifteen percent (15%) support of the property owners within the proposed 549
district. A property owner or owners would have six (6) months to collect signatures and submit an 550
application to the city. The six (6) month time period begins when the first signature is obtained. There is 551
no fee for the application. 552
B. An application for a character conservation district prepared by the proposed district area or their 553
authorized agent must include the following: 554
1. Property Owners: A list of the names, site address and mailing address of all property owners in 555
the area of request. 556
2. Organizations: A list of all neighborhood associations or other organizations representing the 557
interests of property owners in the area of request. This list should include information as to the number 558
of members and the officers' names, mailing addresses, and phone numbers. 559
3. Justification: A statement of justification. This statement should: 560
a. Identify the factors which make the area of request eligible for character conservation district 561
classification as per the determination of eligibility in this chapter; and 562
b. Explain in detail how and why such a classification would be in the best interest of the city as a 563
whole. 564
22
4. Character Defining Features: A written description of the character defining features of the area as 565
seen from the public right of way. Character defining features may include, but are not limited to, 566
architecture or architectural features, mass and scale of buildings, streetscape, building orientation, 567
landscaping, types of signs, sidewalk improvements, public art, or other items that contribute to the 568
overall character of the area. Photographs of the area to be considered as a character conservation district 569
should also be included for reference. 570
5. Fees: No application fee will be required for a petition initiated for the designation of a character 571
conservation district. 572
573
21A.35.050: PLANNING DIRECTOR REPORT TO THE CITY COUNCIL: 574
A. When a petition for the creation of a character conservation district is initiated in accordance with 575
this chapter, the planning director shall determine the eligibility of the area for character conservation 576
district classification in accordance with this section. 577
B. The planning director's determination of eligibility must be based on a consideration of the 578
standards in this subsection. The boundaries or designated area for a character conservation district shall 579
satisfy all of the following criteria: 580
1. The area must contain at least one "block face" (as defined in this title) for all character 581
conservation districts proposed in residential zoning districts. 582
2. Commercial areas should contain one block face when feasible and must contain all properties 583
located at the intersecting corners of streets that are proposed to be included in the character conservation 584
district boundary. 585
3. The area must be either "stable" or "stabilizing" as those terms are defined in this title. 586
4. The area must contain significant "character defining features" as defined in this title. 587
5. The area must have a distinctive atmosphere or character which can be identified and conserved 588
by protecting or enhancing its character defining features. 589
C. If the planning director upon the advice of the historic landmark commission determines that the 590
area is not eligible for character conservation district classification, the planning director shall notify the 591
applicant of this fact in writing. Notice shall be mailed to the address shown on the application. The 592
decision of the planning director that an area is not eligible for character conservation district 593
classification may be appealed in accordance with chapter 21A.16 of this title. 594
D. An appeal under this chapter is made in accordance with chapter 21A.16 of this title. The request 595
must be filed within ten (10) days of the date written notice is given to the applicant of the planning 596
director's decision. In considering the appeal, the sole issue shall be whether or not the planning director 597
erred in their determination of eligibility, and, in this connection, the commission shall consider the same 598
standards that were required to be considered by the planning director in making their determination. 599
E. If it is determined by the final appeal authority that the area is not eligible for character conservation 600
district classification, no further applications for character conservation district classification may be 601
considered for the area of request for one year from the date of its decision. 602
F. If the planning director determines that the area is eligible for character conservation district 603
classification, the planning director shall submit a report based on the following considerations to the city 604
council: 605
23
1. The estimated financial cost of creating the character conservation district standards; 606
2. Evaluation to determine if there is sufficient funding and staff resources available to allow the 607
planning division to develop standards, complete the public process and provide ongoing administration 608
of the new character conservation district if approved by the city council. If sufficient funding is not 609
available, the report shall include a proposed budget. 610
611
21A.35.060: DISTRICT PLAN AND DESIGN STANDARDS FORMULATION AND REVIEW: 612
A. If the area is determined to be eligible for character conservation district classification pursuant to 613
this chapter, the planning director shall schedule a public meeting for the purpose of informing property 614
owners in the proposed district of the nature of the pending request. The planning director shall send 615
mailed notice of the time and place of the meeting in accordance with chapter 21A.10 of this title. 616
B. The planning division shall prepare a draft district plan and design standards for the proposed 617
district based on the information and character defining features found in the feasibility study with input 618
from owners and residents of the proposed character conservation district. 619
C. The draft district plan and design standards must include at a minimum (or note the inapplicability), 620
the following elements governing the physical characteristics and features of all property (public or 621
private) within the proposed character conservation district: 622
1. Building height and number of stories. 623
2. Building size and massing. 624
3. Lot size and lot coverage. 625
4. Front and side yard setbacks. 626
5. Roof line and pitch. 627
6. Parking and hardscape covering. 628
D. In addition, the draft district plan and design standards may include, but are not limited to, the 629
following elements: 630
1. Building orientation. 631
2. General site planning (primary or accessory structures). 632
3. Density. 633
4. Demolition. 634
5. Floor area ratio. 635
6. Signage. 636
7. Garage (residential or commercial) entrance location. 637
8. Entrance and street lighting. 638
9. Driveway, curbs, curb cuts and sidewalks. 639
10. Utility boxes and trash receptacles. 640
11. Street furniture. 641
24
12. Building relocation. 642
13. Right of way designs that exceed current city standards. 643
E. Once the draft plan and design standards are developed, public hearings before the historic 644
landmark commission and the planning commission will be scheduled to receive public comment 645
regarding the plan. The planning director shall send written notice of the public hearing in accordance 646
with chapter 21A.10 of this title. 647
648
21A.35.070: CHARACTER CONSERVATION DISTRICT PLAN AND DESIGN STANDARDS 649
ORDINANCE REVIEW: 650
A. Staff Report: A staff report evaluating the application for establishment of the character 651
conservation district shall be prepared by the planning division. 652
B. Public Hearing By Historic Landmark Commission: The historic landmark commission shall 653
schedule and hold a public hearing on the application in accordance with the standards and procedures for 654
conduct of the public hearing set forth in chapter 21A.10 of this title. 655
C. Historic Landmark Commission Recommendation: Following the public hearing, the historic 656
landmark commission shall recommend approval or denial of the proposed amendment or the approval of 657
some modification of the amendment and shall then submit its recommendation to the planning 658
commission and city council. 659
D. Public Hearing By Planning Commission: The planning commission shall schedule and hold a 660
public hearing on the application in accordance with the standards and procedures for conduct of the 661
public hearing set forth in chapter 21A.10 of this title. 662
E. Planning Commission Recommendation: Following the public hearing, the planning commission 663
shall recommend approval or denial of the proposed amendment or the approval of some modification of 664
the amendment and shall then submit its recommendation to the city council. 665
F. Determination; Level Of Public Support: 666
1. Following the completion of the historic landmark commission and planning commission public 667
hearings, the planning division will deliver a public support ballot to all property owners of record within 668
the boundary of the proposed character conservation district. 669
2. Property owners of record will have thirty (30) days from the postmark date of the public support 670
ballot to submit a response to the planning division indicating the property owner's support or nonsupport 671
of the proposed character conservation district. 672
3. A certified letter shall be mailed to all property owners within the proposed character conservation 673
district whose public support ballot has not been received by the planning division within fifteen (15) 674
days from the original postmark date. This follow up letter will encourage the property owners to submit a 675
public support ballot prior to the thirty (30) day deadline date set by the mailing of the first public support 676
ballot. 677
4. There shall be one vote per property and the results of the vote shall be based on the number of 678
votes received. A vote to abstain shall not be counted as a vote received. 679
25
G. Notification Of Public Support: Following the determination of the level of support, the planning 680
division will send notice of the results to all property owners within the proposed character conservation 681
district. 682
H. Public Hearing By City Council: The city council shall schedule and hold a public hearing to 683
consider the proposed amendment in accordance with the standards and procedures for conduct of the 684
public hearing set forth in chapter 21A.10 of this title. 685
I. City Council Action: At the public hearing, the city council may adopt the proposed creation of a 686
character conservation district, adopt the proposed character conservation district with modifications, or 687
deny the proposed character conservation district. However, no additional land may be added to the 688
boundaries of the character conservation district, without new notice and hearing. 689
J. Designation Of Character Conservation District: 690
1. If the number of ballots received in support exceed the number of ballots in opposition, the city 691
council may designate a character conservation district by simply majority vote. 692
2. If the number of ballots received in support do not exceed the number of ballots received in 693
opposition, the city council may only designate a character conservation district by a super majority (2/3) 694
vote. 695
K. Amendments To District Boundaries Or Standards: Amendments to the character conservation 696
district boundaries or standards shall be processed in the same manner as a new application according to 697
the process in the chapter. 698
699
21A.35.080: CHARACTER CONSERVATION DISTRICT STANDARDS: 700
A decision to create a character conservation district is a matter committed to the legislative discretion of 701
the city council and is not controlled by any one standard. 702
A. In making its decision concerning creation of a character conservation district, the city council 703
should consider the following factors: 704
1. The proposed character conservation district is an established area with shared distinguishing 705
characteristics, which may include architecture, geography, development, services, and interests. 706
2. The proposed character conservation district is a logical neighborhood unit with a closely settled 707
development pattern on similar sized parcels. 708
709
21A.35.090: ADJUSTMENT OR REPEAL OF A CHARACTER CONSERVATION DISTRICT: 710
The procedure to repeal or adjust the boundaries of a character conservation district shall be the same as 711
that outlined for the designation of a character conservation district. 712
48. Amends Subsection 21A.36.010.B.2 as follows: 713
2. Lots in the RP, BP, M-1, M-2, M-1A, AG, AG-2, AG-5, AG-20, A, OS, NOS, and EI 714
Districts may have multiple buildings on a single lot regardless of street frontage and subject 715
to meeting all other zoning regulations. 716
26
49. Amends the name of Section 21A.36.020 with no other changes to the section except as 717
specifically noted below: 718
21A.36.020: CONFORMANCE WITH LOT AND BULK CONTROLS DEVELOPMENT 719
STANDARDS: 720
50. Amends Subsection 21A.36.020.A as follows: 721
A. Conformance With District Requirements: No structure or lot shall be developed, used or 722
occupied unless it meets the lot area, lot width, yards, building height, and other New 723
development shall comply with the requirements established in the applicable district regulations, 724
except where specifically established otherwise elsewhere in this title. The following exceptions 725
shall apply to noncomplying lots: 726
1. In residential districts: A single-family dwelling shall be permitted on noncomplying lots in all 727
residential districts. 728
In any residential district, on a lot legally established prior to April 12, 1995, a single-family 729
dwelling may be erected regardless of the size of the lot, subject to complying with all yard area 730
requirements of the R-1/5,000 District. 731
2. Legal conforming In nonresidential districts: Noncomplying lots in nonresidential districts 732
shall be approved for any permitted use or conditional use allowed in the zoning district. 733
51. Amends note 2 of table 21A.36.020C as follows: 734
2. Amenities shall be setback at least 5 feet from all property lines. Physical separation, such as a fence 735
or railing, shall be provided to delineate the rooftop amenity area, but the amenity may not enclosed with 736
walls or include a roof. 737
52. Amends Subsection 21A.36.030.E as follows: 738
E. License Required: It is unlawful for any person, firm, corporation, or association to engage in a 739
"home occupation" as defined in Chapter 21A.62 of this title without first obtaining a license 740
pursuant to the provisions of Title 5, Chapter 5.02 of this code. 741
1. Exception: A license is not required if the zoning administrator determines that the impact of 742
the home occupation does not exceed the impact of the primary residential use. The 743
determination shall be based on the information provided to satisfy the standards of this 744
section and compliance with the standards alone shall not be construed as not creating 745
impacts. 746
2. Compliance with Standards: Prior to issuance of said license, the standards set forth in this 747
section must be satisfied and all applicable fees shall be paid. 748
3. License Expiration: All home occupation business licenses shall be valid for one year, and 749
may be renewed annually. 750
53. Amends Subsection 21A.36.140.E as follows: 751
E. Application For Sexually Oriented Business Conditional Site Plan Review: Applications for 752
conditional site plan review may be obtained from the City license authority and should be 753
returned to the same when completed. The application for a conditional site plan review shall be 754
27
filed with the City license authority on the same day that the application for a sexually oriented 755
business license, if applicable, is filed with the license authority. The application for a conditional 756
site plan review shall include the items listed in section 21A.58.060 of this title. 757
54. Amends Subsection 21A.36.140.F.7 as follows: 758
7. Modifications May Be Required: The Planning Commission may require modifications to a 759
proposed sexually oriented business conditional site plan as it relates to traffic and parking, 760
site layout, environmental protection, landscaping, and signage in order to achieve the 761
objectives set forth in section 21A.58.040 of this title. 762
55. Amends Subsection 21A.36.190.B as follows: 763
B. Basement Structures: All dwellings must shall have at least one full story aboveground. 764
Residential structures built into a hillside with may have less than all elevations exposed when 765
constrained by the slope of the site may be approved through the site plan review process. 766
56. Amends Subsection 21A.36.250.J.1 as follows: 767
1. Landscaping and screening of rRecycling collection stations shall be screened from public 768
view by a fence or wall, unless when exempt by other provisions of this title. provided in a 769
manner that improves their appearance without obscuring their visibility. Landscaping and 770
screening requirements shall be established on a case by case basis as part of the site plan 771
review process pursuant to chapter 21A.58 of this title. In districts where site plan review is 772
not required, no landscaping or screening will be required. 773
57. Amends Subsection 21A.36.360.A as follows: 774
A. The shared housing use shall be subject to the same lot and bulk requirements development 775
standards as the multi-family dwelling use, but not the density requirements of the underlying 776
zone. 777
58. Deletes Section 21A.37.030 and reserving, as follows: 778
21A.37.030: SUBMITTAL REQUIREMENTS: Reserved 779
All applications that are subject to site plan review as indicated in chapter 21A.58 of this title shall 780
address as part of their submittal drawings all applicable design standards identified in this chapter, in 781
addition to all other applicable regulations. 782
59. Amends Subsection 21A.38.010.A.2 as follows: 783
2. Noncomplying structures and improvements include legally constructed principal and 784
accessory buildings, structures and property improvements, that do not comply with the 785
applicable bulk and/or yard area regulations development and design standards of this title 786
such as setbacks and parking in the zoning districts in which the buildings or structures are 787
located. 788
60. Amends Section 21A.38.020 as follows: 789
21A.38.020: AUTHORITY TO CONTINUE: 790
28
Except as provided in this chapter, a A nonconforming use, noncomplying structure, noncomplying lot or 791
legal conforming dwelling may continue unaffected by any change in ownership, except when the 792
nonconformity is determined to have been abandoned. 793
A. Abandonment of nonconforming use or noncomplying structure: 794
1. Abandonment of a nonconforming use of land may be presumed when: 795
(a) The primary structure associated with the nonconforming use has been voluntarily 796
demolished without prior written agreement with the municipality regarding an extension of the 797
nonconforming use; 798
(b) The use has been discontinued for a minimum of one year; or 799
(c) The primary structure associated with the nonconforming use remains vacant for a period of 800
one year. 801
2. Abandonment of a noncomplying structure may be presumed when: 802
(a) A noncomplying structure is allowed to deteriorate to a condition that the structure is 803
rendered uninhabitable as determined by the building official and is not repaired or restored within one 804
year after written notice to the property owner that the structure is uninhabitable; or 805
(b) A property owner or authorized representative voluntarily demolishes the noncomplying 806
structure. 807
b. Calculation of Period of Discontinuance: Any period of discontinuance caused by government 808
actions, without any contributing fault by the nonconforming user, shall not be considered in calculating 809
the length of discontinuance. 810
c. Termination Of Legal Nonconforming Status: A nonconforming use or noncomplying structure 811
that has been abandoned shall be terminated and will have lost legal nonconforming status. 812
3. Presumption Of Abandonment: Any party claiming that a nonconforming use has been abandoned 813
shall have the burden of establishing the abandonment. An abandonment claim shall be made as an appeal 814
to a decision, pursuant to chapter 21A.16, unless requested by the planning director, in which case shall 815
be processed as an administrative determination. 816
4. Rebuttal of Presumption of Abandonment: A property owner may rebut the presumption of 817
abandonment, and shall have the burden of establishing that the claimed abandonment has not in fact 818
occurred. 819
B. Termination Of A Nonconforming Use By Amortization: A nonconforming use may be terminated 820
by amortization in accordance with the municipal land use, development, and management act, title 10, 821
chapter 20, or its successor. 822
61. Amends Section 21A.38.025 as follows: 823
21A.38.025: PROCEDURES ADMINISTRATIVE DETERMINATION: 824
A. Persons Entitled to Seek Determinations: An application shall only be filed by the property owner or 825
by the property owner's authorized agent. The planning director may also request a determination of 826
abandonment for any property within the city as part of the duties of administering this title. 827
29
B. Application: An application for an administrative interpretation determination relating to a 828
noncomplying lot, or noncomplying structure or an application for determination of a nonconforming use 829
of this title shall be filed on a form provided by the zoning administrator and shall contain at least the 830
following information: 831
1. Provisions: The specific provision or provisions of this title for which an interpretation or a 832
determination is sought; 833
2. Facts: The facts of the specific situation giving rise to the request for an interpretation or a 834
determination; 835
3. Interpretation Determination: The precise interpretation or determination claimed by the applicant 836
to be correct; 837
4. Fees: The application shall be accompanied by the applicable fees shown on the Salt Lake City 838
consolidated fee schedule. The applicant shall also be responsible for payment of all fees established for 839
providing the public notice required by chapter 21A.10 of this title. 840
5. Notification To Recognized Organizations: The city shall send notice by e-mail or other form 841
chosen by the planning director to any recognized community organization in which the subject property 842
is located notifying the recognized community organization that an administrative interpretation or 843
determination of nonconforming use has been made. 844
C. Burden Of Proof: The applicant has the burden of proving that the determination claimed is 845
correct. Building permits, business licenses, historical photographs and similar documentation 846
may be considered as evidence establishing the status. 847
D. Notification to property owner: The zoning administrator shall send notice to the property owner 848
when a claim of abandonment is made by the planning director while administering this title. 849
E. Determination: The Zoning Administrator shall determine the legal status of properties based 850
upon the evidence submitted and information available pursuant to the provisions of this chapter. 851
B. F. Action On Application: The Zoning Administrator shall send the Zoning Administrator's written 852
interpretation or determination to the applicant stating any specific precedent or other reasons, or analysis 853
upon which the interpretation or determination is based. The zoning administrator shall also send a copy 854
of the determination to the property owner for abandonment determinations filed by planning director. 855
C. Records: A record of decisions on all applications for interpretations or determinations of this title 856
shall be kept on file in the Office of the Zoning Administrator. 857
D. G. Appeal: Any person adversely affected by a final decision made by the Zoning Administrator 858
interpreting or making a determination regarding a provision of this title may appeal to the Appeals 859
Hearing Officer in accordance with the provisions of chapter 21A.16 of this title. 860
62. Deletes Subsections 21A.38.040.E, F, G and renumbering (no changes made to language in 861
subsection H other than numbering): 862
E. Determination Of Nonconforming Use Status: 863
1. Burden Of Owner To Establish Legality Of Nonconforming Use: The burden of establishing that 864
any nonconforming use lawfully exists under the provisions of this title shall, in all cases, be the owner's 865
30
burden and not the City's. Building permits, business licenses and similar documentation may be 866
considered as evidence establishing the legality of use. 867
2. Determination Of Nonconforming Status: The Zoning Administrator shall determine the 868
nonconforming use status of properties based upon the evidence submitted and information available 869
pursuant to the provisions of this chapter. 870
F. Abandonment Of Nonconforming Use: 871
1. Termination Of Nonconforming Use: A nonconforming use of land or of a structure that is 872
abandoned shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of the 873
structure or site must conform with the regulations for the district in which it is located. 874
a. Presumption Of Abandonment: Abandonment may be presumed to have occurred if: 875
(1) A majority of the primary structure associated with the nonconforming use has been 876
voluntarily demolished without prior written agreement with the municipality regarding an extension of 877
the nonconforming use; 878
(2) The use has been discontinued for a minimum of one year; or 879
(3) The primary structure associated with the nonconforming use remains vacant for a period of 880
one year. 881
b. Calculation Of Period Of Discontinuance: Any period of such discontinuance caused by 882
government actions, without any contributing fault by the nonconforming user, shall not be considered in 883
calculating the length of discontinuance pursuant to this subsection F1. 884
c. Termination Of Legal Nonconforming Status: A nonconforming use that has been abandoned 885
shall be terminated and will have lost legal nonconforming status. 886
2. Presumption Of Abandonment: Any party claiming that a nonconforming use has been abandoned 887
shall have the burden of establishing the abandonment. 888
3. Rebuttal Of Presumption Of Abandonment: A property owner may rebut the presumption of 889
abandonment under subsection F1a of this section, and shall have the burden of establishing that any 890
claimed abandonment under subsection F1a of this section has not in fact occurred. 891
G. Termination Of A Nonconforming Use By Amortization: The appeals hearing officer may require 892
the termination of a nonconforming use, except billboards, under any plan providing a formula 893
establishing a reasonable time period during which the owner can recover or amortize the amount of the 894
owner's investment in the nonconforming use, if any, as determined by the zoning administrator. The 895
appeals hearing officer may initiate a review for amortization of nonconforming uses upon a petition filed 896
by the mayor or city council, in accordance with the following standards and procedures and consistent 897
with the municipal land use, development, and management act, title 10, chapter 9a, of the Utah code and 898
shall mail written notice to the owner and occupant of the property: 899
1. Initiation Of Termination Procedure: Appeals hearing officer review of a use determined to be 900
nonconforming pursuant to the provisions of this section, for the purpose of establishing an amortization 901
plan for termination of the use, shall first require a report from the zoning administrator to the appeals 902
hearing officer. The zoning administrator's report shall determine the legality of the nonconforming use, 903
provide a history of the site and outline the standards for determining an amortization period. 904
31
2. Notice To Nonconforming User: Upon receipt of the report of the zoning administrator 905
recommending the establishment of an amortization plan for a nonconforming use, the appeals hearing 906
officer shall mail the report and plan to the owner and occupant(s) of the nonconforming use, giving 907
notice of the appeals hearing officer's intent to hold a hearing to consider the request in accordance with 908
the standards and procedures set forth in chapter 21A.10 of this title. 909
3. Appeals Hearing Officer Review: The appeals hearing officer shall hold a noticed hearing within a 910
reasonable time, following the procedures established in chapter 21A.10 of this title, on the request for 911
amortization of the nonconforming use. Upon the conclusion of the hearing, the appeals hearing officer 912
shall determine whether the nonconforming use should be amortized within a definite period of time. 913
4. Standards For Determining Amortization Period: The appeals hearing officer shall determine the 914
appropriate amortization period upon the consideration of evidence presented by the zoning administrator 915
and the owner of the nonconformingly used property that is sufficient to make findings regarding the 916
following factors: 917
a. The general character of the area surrounding the nonconforming use; 918
b. The zoning classification and use(s) of nearby property; 919
c. The extent to which property values are adversely affected by the nonconforming use; 920
d. The owner's actual amount of investment in the property on the effective date of 921
nonconformance, less any investment required by other applicable laws and regulations; 922
e. The amount of financial loss, if any, that would be suffered by the owner upon termination of the 923
use; and 924
f. The extent to which the amortization period will further the public health, safety and welfare. 925
5. Appeal: Any person adversely affected by a final decision of the appeals hearing officer may file a 926
petition for review of the decision with the district court within thirty (30) days after the decision is 927
rendered. 928
H. Modifications to Nonconforming Uses: 929
63. Amends Subsection 21A.38.050.B.1.c(1) as follows: 930
(1) Single story additions are permitted to follow the existing setback line provided the 931
following standards are complied with: 932
i. The addition does not further reduce the existing side yard setback and complies 933
with all other applicable requirements of Title 21A. 934
i.ii The exterior wall height of the addition is equal to or less than the exterior wall 935
height of the existing building. When a cross slope exists along the exterior wall, 936
the interior floor to ceiling height of the addition shall match the interior floor to 937
ceiling height of the existing building. 938
ii.iii. The addition may extend the noncomplying exterior wall of the building up to 939
twenty percent (20%) of the length of the existing wall. This shall be a one-time 940
addition and no further additions are permitted. 941
32
64. Amends Subsection 21A.38.050.B.1.d as follows: 942
d. Rear Yards: A principal building noncomplying to rear yard setbacks may be expanded 943
provided the addition does not further reduce expansion follows an existing 944
noncomplying building wall and does not result in a decrease of the existing rear yard 945
setback and complies with all other applicable requirements of Title 21A. side and corner 946
side yard setbacks of the underlying zoning district. If the building does not comply with 947
the existing side or corner side yard setback, the expansion shall be permitted to extend to 948
the side or corner side yard setback of the underlying zone. 949
65. Amends Section 21A.38.060 as follows: 950
21A.38.060: NONCOMPLYING LOTS: 951
A. Legally established lots: A lot that was legally established but no longer complies with the lot 952
regulations of this title due to a subsequent amendment shall be considered a noncomplying lot. 953
B. Lots not approved by the city: 954
1. An existing lot that does not comply with the standards of this title and that was not approved 955
by the city may be considered a noncomplying lot if: 956
a. The lot was created before April 12, 1995, and it is determined that the lot complied with 957
the minimum zoning requirements at the time it was created; or 958
b. The lot was created by court order; 959
2 Lots not recognized as noncomplying lots may only be developed or gain legal status if 960
returned to a configuration previously authorized by the city, combined with other lots to 961
create a conforming lot or approved as part of a Planned Development. 962
C. Modifications to noncomplying lots: Noncomplying lots may be modified or combined with other 963
lots when the resulting lot maintains or reduces its degree of noncompliance. 964
D. Creation of Noncomplying Lots: 965
1. Noncomplying lots may be created when expressly authorized by other sections of this title. 966
2. The Planning Director may approve through a subdivision the creation of a noncomplying lot 967
to Subdividing Lots Containing Two or More Separate Principal Buildings: Lots that contain 968
two or more separate two or more principal buildings on a single parcel may be subdivided 969
and to place each structure on a separate lot. Said subdivision is subject to the following 970
provisions: 971
A. a. The properties shall be subdivided by recording of a plat. 972
B. b. The proposed lots are exempt from the minimum lot area, lot width, lot coverage, 973
and street frontage requirements of the underlying zoning district; 974
C. c. The proposed setbacks shall be reviewed and approved by the planning director after 975
consultation with applicable city departments; 976
D. d. The proposed subdivision plat shall identify the front, corner side, interior side, and 977
rear yards for the purpose of future development. 978
33
E. e. Parking may be located anywhere within the proposed subdivision except front yards 979
(unless already existing) and shall not be reduced below the existing off-street parking 980
F. f. All lots that are part of the subdivision must include adequate access to a public 981
street. Adequate access shall include pedestrian walkways and when off-street parking is 982
required, vehicle access and parking. 983
G. g. All necessary easements for access and utilities are shown on the plat. A note shall 984
be added to indicate responsibility for maintenance of shared access and utilities. 985
H. h. All other applicable regulations of the Salt Lake City Code shall apply. 986
A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the effective date of 987
any amendment to this title that makes the existing lot noncomplying shall be considered a legal 988
complying lot and is subject to the regulations of this title. Any noncomplying lot not approved by the 989
city that was created prior to January 13, 1950, may be approved as a legal noncomplying lot subject to 990
the lot meeting minimum zoning requirements at the time the lot was created and documented through an 991
updated zoning certificate for the property. 992
Any noncomplying lot not approved by the city that was created on or between January 13, 1950 to April 993
12, 1995, may be approved as a legal noncomplying lot subject to the lot meeting minimum zoning and 994
subdivision requirements at the time the lot was created and documented through an updated zoning 995
certificate for the property. 996
Noncomplying lots may be combined to create a conforming lot or more conforming lot subject to any 997
maximum lot size standards of the zoning district in which the lot is located. 998
66. Amends Subsection 21A.40.120.E.5.d as follows: 999
d. Alternative Design Solutions. To provide adequate line of sight for driveways and alleys, 1000
the zoning administrator, in consulting with the Transportation director development 1001
review team, may require alternative design solutions, including, but not restricted to, 1002
requiring increased fence setback and/or lower fence height, to mitigate safety concerns 1003
created by the location of buildings, grade change or other preexisting conditions. 1004
67. Amends Subsection 21A.42.060.F as follows: 1005
F. Revocation Of Permit: A temporary use permit may be revoked by the Zoning Administrator 1006
pursuant to the procedures of section 21A.08.060 of this title, if any of the standards and 1007
conditions imposed pursuant to such permit, are violated. 1008
68. Amends Subsection 21A.42.070.B as follows: 1009
B. Bulk And Yard Regulations Development standards: Except as expressly provided otherwise in 1010
sections 21A.42.080 and 21A.42.090 of this chapter, every temporary use shall comply with the 1011
bulk and yard requirements development standards of the district in which the temporary use is 1012
located with the exception of landscaping requirements. Bulk and yard regulations can be 1013
adjusted by the The Zoning Administrator may allow modifications based on the nature of the 1014
temporary use and the character of the adjacent and surrounding area. 1015
34
69. Amends Subsection 21A.42.080.D as follows: 1016
D. Seasonal Farm Stands, Temporary Food Service And or Other Small Scale Temporary Uses: 1017
Temporary food service and other small scale temporary Such uses are permitted for a maximum 1018
of one hundred twenty (120) 180 days each calendar year. Such facilities shall be less than two 1019
hundred (200) square feet and shall not interfere with pedestrian access to other businesses on the 1020
site. Food trucks and trailers are subject to chapter 21A.36 of this title if on private property or 1021
title 5, chapter 5.69 of this Code if on public property. 1022
70. Amends Subsection 21A.42.080.E as follows: 1023
E. Farmers' Markets: Farmers' markets shall be limited to a maximum of one hundred twenty (120) 1024
180 days each calendar year. 1025
71. Amends Subsection 21A.46.120.C as follows (with no revisions to the table in said subsection 1026
aside from the title thereof): 1027
C. Sign Regulations For The AG, AG-2, and AG-5, And AG-20 Districts: 1028
1. Purpose: Signage in the AG, AG-2, and AG-5 and AG-20 districts should be limited to 1029
signage appropriate for single-family residential and agricultural uses. 1030
2. Applicability: Regulations in subsection C3 of this section shall apply to all lots within the 1031
AG, AG-2, and AG-5 and AG-20 districts. 1032
3. Sign Type, Size And Height Standards: 1033
1034
STANDARDS FOR THE AG, AG-2, AND AG-5 AND AG-20 DISTRICTS 1035
72. Amends Subsection 21A.46.125.B.1 as follows: 1036
1. An application for designation of vintage sign status as well as for the reinstatement of, 1037
modifications to, or relocation of a vintage sign shall be processed in accordance with the 1038
procedures set forth in chapter 21A.058 and section 21A.46.030 as well as the following: 1039
73. Adds Subsection 21A.50.040.I.1 as follows: 1040
1. Decision regarding a new land use: A zoning amendment proposing to allow an unlisted use 1041
shall be decided within 12 months from filing of a complete application. In the case of denial, 1042
the decision shall include a written description of the reasons for denial. 1043
74. Amends Section 21A.50.070 as follows: 1044
Any party adversely affected by the decision of the City Council may, within thirty (30) days after such 1045
decision, file an appeal to the District Court pursuant to the Municipal Land Use Development and 1046
Management Act, section 10-9a-801, of the Utah Code Annotated., except that: 1047
A. For decisions regarding an unlisted land use, the applicant of the amendment request may appeal 1048
to the appeals hearing officer in accordance with the provisions of chapter 21A.16 of this title. 1049
75. Amends Subsection 21A.51.030.B.1.a as follows: 1050
a. Parties Entitled to Submit Application: Any owner of property proposed for a landmark 1051
site, the mayor or the city council, by majority vote, may initiate a petition to consider the 1052
designation of a landmark site. When initiated by an owner, the application shall be 1053
approved by all property owners representing interest in the lot or parcel. 1054
35
76. Amends Subsection 21A.52.040.A.5 as follows: 1055
5. The location of all existing and proposed buildings and structures, accessory and principal, 1056
showing the number of stories and height, dwelling type, if applicable, major elevations and 1057
the total square footage of the floor area by proposed use and any additional information 1058
required for site plan review set forth in Chapter 21A.58; 1059
77. Amends Subsection 21A.54.060.A.6 as follows: 1060
6. Site plans, as required pursuant to section 21A.58.060 of this title; 1061
78. Amends Subsection 21A.55.040.A.4 as follows: 1062
4. Plans, as required pursuant to section 21A.58.060 of this title, with the exception of the 1063
number of copies required; 1064
79. Deletes the following row in Table 21A.55.060 as follows with no other revisions to the table: 1065
District Minimum Planned
Development Area
Special purpose districts:
AG-20 Agricultural District 40 acres
80. Amends Subsection 21A.55.100.B as follows: 1066
B. Minor Modifications: The Planning Director may authorize minor modifications to the approved 1067
development plan pursuant to the provisions for modifications to an approved site plan as set 1068
forth in chapter 21A.58 of this title, when such modifications appear necessary in light of 1069
technical or engineering considerations. Such mMinor modifications shall be limited to the 1070
following elements necessary in light of technical or engineering considerations or those that 1071
comply with the standards of the underlying zone, including: 1072
1. Adjusting the distance as shown on the approved development plan between any one structure 1073
or group of structures, and any other structure or group of structures, or any vehicular 1074
circulation element or any boundary of the site; 1075
2. Adjusting the location of any open space; 1076
3. Adjusting any final grade; 1077
4. Altering the types of landscaping elements and their arrangement within the required 1078
landscaping buffer area; 1079
5. Signs; 1080
6. Relocation or construction of accessory structures; or 1081
7. Additions and modifications which comply with the lot and bulk requirements standards of 1082
the underlying zone and do not affect the planned development approval. 1083
81. Amends Chapter 21A.58 as follows: 1084
CHAPTER 21A.58 ZONING SITE PLAN REVIEW AND APPROVAL 1085
36
SECTION: 1086
21A.58.010: Purpose Statement 1087
21A.58.020: Authority Applicability 1088
21A.58.030: Scope Of Application Authority 1089
21A.58.040: Scope Of Modifications Authorized Zoning Approval 1090
21A.58.050: Development Review Team (DRT) Zoning Verification 1091
21A.58.060: Application Zoning Review Submittal Requirements 1092
21A.58.070: Standards For Site Plan Review Appeal 1093
21A.58.080: Procedures For Site Plan Review 1094
21A.58.090: Sketch Plan Review 1095
1096
21A.58.010: PURPOSE STATEMENT: 1097
The purpose of this chapter is to establish when zoning review and approval is required. Zoning review is 1098
intended to ensure a proposed development complies with the standards of this Title. Zoning approval 1099
documents the review and authorizes development pursuant to following all other permits or approvals 1100
required by the city. 1101
The intent of these site plan review regulations is to promote the safe and efficient use of land, to 1102
contribute to an orderly and harmonious appearance in the City and to further enhance the value of 1103
property. This process is intended to supplement the review and administrative procedures which are 1104
carried out under this title or other City ordinances and regulations. The site plan review process is 1105
intended to help ensure that newly developed properties and redeveloped properties are compatible with 1106
adjacent development and that traffic, public safety, overcrowding, and environmental problems are 1107
minimized to the greatest extent possible. More specifically, the purpose of the site plan review process is 1108
to provide for a review of: 1109
A. A project's compatibility with its environment and with other land uses and buildings existing in the 1110
surrounding area; 1111
B. The quantity, quality, utility, size and type of a project's required open space area and proposed 1112
landscaping improvements; 1113
C. The ability of a project's traffic circulation system to provide for the convenient and safe internal 1114
and external movement of vehicles and pedestrians; 1115
D. The quantity, quality, utility and type of a project's required community facilities; and 1116
E. The location and adequacy of a project's provision for drainage and utilities. 1117
21A.58.020: AUTHORITY: APPLICABILITY: 1118
A. Zoning review and approval is required prior to: 1119
1. final approval of any application required by this title; 1120
37
2. modifications that affect a previously approved development plan; 1121
3. approval of a permit for a change of land use type or a development, as defined in 21A.62.040, 1122
that requires compliance with the provisions of this title; or 1123
4. issuance of a business license involving a change of land use type or requiring site 1124
modifications to comply with this title. 1125
B. Notwithstanding the provisions of this chapter, all land and structures shall be used, built and 1126
operated in conformity with this title. 1127
Site plan review shall be required pursuant to the provisions of this chapter for uses as specified in section 1128
21A.58.030 of this chapter before zoning certificates, building permits or certificates of occupancy may 1129
be issued. 1130
A. The Zoning Administrator shall approve site plans upon consideration of all comments received 1131
from City departments. The Zoning Administrator shall be assisted in administering the site plan 1132
review process by the development review team (DRT). 1133
B. The Zoning Administrator may waive the requirements for site plan review for additions to 1134
existing buildings, structures, or uses if, in the Zoning Administrator's opinion, such additions do 1135
not substantially impact adjacent properties. 1136
21A.58.030: SCOPE OF APPLICATION: AUTHORITY: 1137
A. The Zoning Administrator shall perform the zoning review and issue zoning approvals. The 1138
Zoning Administrator may request or consider comments received from City departments in the 1139
review process. 1140
B. The Zoning Administrator may waive the requirements for zoning review and approval for 1141
changes that do not substantially affect a site or development plan do not substantially impact 1142
adjacent properties. 1143
A. Permitted Uses: Site plan review approval shall be required for approval of all permitted uses other 1144
than detached single- family and two-family/twin home dwellings as a condition to receiving a zoning 1145
certificate if that permitted use involves the following: 1146
1. Development of a new principal building; 1147
2. Change of land use type; 1148
3. An increased parking requirement; 1149
4. An increased landscaping requirement; or 1150
5. Development activities identified in various sections of this title that are specifically subject to site 1151
plan review. 1152
B. Conditional Uses: Site plan review shall be required for all conditional uses in all zoning districts. 1153
C. Accessory Uses: Site plan review shall not be required for accessory uses and structures (as defined 1154
in chapter 21A.40, "Accessory Uses, Buildings And Structures", of this title). Such uses shall be reviewed 1155
38
in conjunction with the review of principal buildings when such accessory structures are proposed to be 1156
approved at the same time as the principal building. 1157
21A.58.040: SCOPE OF MODIFICATIONS AUTHORIZED: ZONING APPROVAL: 1158
A. Zoning approval shall be granted as follows: 1159
1. Permit or business license: The zoning administrator shall perform zoning review of all 1160
permits or business licenses listed in 21A.58.010. The permit or license shall only be issued 1161
after receiving zoning approval. 1162
2. Certificate of appropriateness or record of decision: A certificate of appropriateness or record 1163
of decision shall also document a zoning approval whenever a building permit or business 1164
license is not required. 1165
3. Zoning certificate: The zoning administrator may issue a zoning certificate to document an 1166
approval whenever a building permit or business license is not required, or when the 1167
certificate will facilitate the record of actions taken with respect to the authorized use of a 1168
particular parcel or site. 1169
4. Zoning Verification: An applicant may request zoning approval through a zoning verification, 1170
as authorized by this chapter. 1171
B. An exemption from a building permit, business license or certificate shall not be construed as an 1172
exemption to the standards of this title. 1173
The authority of the zoning administrator through the site plan review process to require modification of a 1174
proposed site plan shall be limited to the following elements in order to achieve the objectives set forth 1175
below: 1176
A. Traffic And Parking: 1177
1. Minimizing dangerous traffic movements. 1178
2. Promoting the smooth and efficient flow of traffic in accordance with standards in the "Institute 1179
Of Traffic Engineers' Transportation And Traffic Engineering Handbook", and other local sources of 1180
authority as adopted by resolution. 1181
3. Optimizing the efficient use of parking facilities through provisions for adequate interior 1182
circulation, parking stalls and travel aisles. 1183
B. Site Layout: 1184
1. Promoting compatibility with adjacent and nearby properties. 1185
2. Preserving and protecting valuable natural features and amenities to the greatest extent practical. 1186
3. Promoting the efficient provision of public services. 1187
C. Environmental Protection: 1188
1. Preserving existing healthy and long lived trees wherever economically feasible. 1189
39
2. Designing drainage facilities to promote the use and preservation of natural watercourse and 1190
patterns of drainage. 1191
3. Minimizing alterations to existing topography. 1192
4. Protecting important views and vistas as identified in adopted plans. 1193
D. Landscaping: 1194
1. Promoting the use of plant material compatible with the climate of the region and microclimate 1195
conditions on the site. 1196
2. Ensuring that plant material can be maintained for long term health and continued growth. 1197
3. Maximizing water and energy conservation through the appropriate use of plant materials. 1198
4. Ensuring that the arrangement of required landscaping produces the optimal visual effect. 1199
E. Signage: 1200
1. Ensuring that the location, size and orientation of signage do not impair the visibility of or distract 1201
motorists. 1202
2. Ensuring that the location, size and orientation of signage minimize obstructions and hazards to 1203
pedestrians. 1204
21A.58.050: DEVELOPMENT REVIEW TEAM (DRT): ZONING VERIFICATION 1205
A. A zoning verification is a type of administrative interpretation that confirms the zoning 1206
designation of a specific property. It also informs an applicant of the present use of a property and 1207
if the use and structures on site conform with zoning standards. 1208
B. An applicant may request a zoning verification to document the present condition of a specific 1209
property or to obtain zoning review and approval whenever a zoning review is not required. 1210
C. Application: 1211
1. Parties Entitled to Submit Application: An application for a zoning verification shall be made 1212
by the owner of the property or the property owner's authorized agent. 1213
2. Submittal Requirements: The application shall contain all the applicable items for review in 1214
accordance with this chapter. 1215
3. Fees: The application shall be accompanied by the applicable fees for an administrative 1216
interpretation shown on the Salt Lake City consolidated fee schedule. 1217
The zoning administrator shall be assisted in conducting site plan review by the development review team 1218
(DRT). 1219
A. Membership: The development review team shall consist of a designated representative from each 1220
of the city departments or department divisions, as necessary, including, but not limited to, the following: 1221
1. Department of community and neighborhoods; 1222
2. Department of public services; 1223
40
3. Police department; 1224
4. Fire department; 1225
5. Department of public utilities. 1226
B. Coordination Of Review: The zoning administrator, or the zoning administrator's designee, shall 1227
serve as the chair of the development review team and shall coordinate its review of proposals. 1228
21A.58.060: APPLICATION ZONING REVIEW SUBMITTAL REQUIREMENTS: 1229
A. Plans submitted for zoning review and approval shall contain enough information to demonstrate 1230
compliance with the requirements of this title. All plans shall indicate the street address and tax 1231
parcel number of the property associated with the proposal. 1232
B. Upon receipt of a zoning review request, the Zoning Administrator shall make a determination of 1233
the necessary documentation. The list of missing documentation shall be submitted to the 1234
applicant in writing. 1235
C. A site plan is required for any development proposing or requiring changes to the site. All site 1236
plans submitted for review shall be drawn to scale, include a north arrow and legend, and contain 1237
the minimum information outlined below. 1238
1. Residential development: A site plan for the review of a development that is exclusively 1239
residential shall contain: 1240
a. Lot size and dimensions; 1241
b. Setbacks and overhangs for setbacks; 1242
c. Easements; 1243
d. Property lines; 1244
e. Topographical details, if the slope of the lot is greater than 10%; 1245
f. Retaining walls; 1246
g. Hard surface areas; 1247
h. Curb and gutter elevations as indicated in the subdivision documents; 1248
i. Existing and proposed utilities, including water meter and sewer lateral location, sewer, and 1249
subsurface drainage facilities; 1250
j. Street names; 1251
k. Driveway locations; 1252
l. Defensible space provisions and elevations, if required by the Utah Wildland Urban 1253
Interface Code adopted under Section 15A-2-103; 1254
m. The location of the nearest hydrant; 1255
n. A tabulation of the total number of dwelling units in the project and the overall project 1256
density in dwelling units per gross acre; and 1257
41
o. Any other items specifically listed for an application authorized by this title. 1258
2. Nonresidential or mixed use development: A site plan for the review of a nonresidential or 1259
mixed use development shall contain: 1260
a. The street address and tax parcel number; 1261
b. Indication of the present use of the subject property; 1262
c. A vicinity map with north arrow and scale; 1263
d. The boundaries of the subject property, all existing property lines, setback lines, existing 1264
streets, buildings, watercourses, waterways or lakes, wetlands, and other existing physical 1265
features in or adjoining the project; 1266
e. Topographic survey, showing the elevation of streets, alleys, buildings, structures, 1267
watercourses and their names. The topography shall be shown by adequate spot 1268
elevations. Elevations of the top of bank and toe of slope, slope ratio of fill, and limits of 1269
fill, including access, shall be indicated; 1270
f. Significant topographical or physical features of the site, including existing trees; 1271
g. The location and dimensions of existing and proposed streets, alleys, parking and loading 1272
areas, outdoor lighting systems, sidewalks, curbs and gutters and all curb cuts; 1273
h. The location and dimensions of existing and proposed buildings and structures, accessory 1274
and principal. The number of stories and height, use and the total square footage of the 1275
floor area by proposed use shall be indicated for all buildings; 1276
i. The location, height, type and material of all fences and walls; 1277
j. The proposed nature and manner of grading of the site, including proposed treatment of 1278
slopes in excess of ten percent (10%) to prevent soil erosion and excessive runoff; 1279
k. The location of dumpsters or other outdoor trash receptacles; 1280
l. The location and dimensions of proposed recreation areas, open spaces and other required 1281
amenities and improvements; 1282
m. A tabulation of the total number of acres in the project and the percentage and acreage 1283
thereof proposed to be allocated to off street parking, open space, parks and other 1284
reservations; 1285
n. A tabulation of the total number of dwelling units in the project and the overall project 1286
density in dwelling units per gross acre, if project contains a residential component; 1287
o. The proposed and required off street parking and loading areas, including parking and 1288
access for persons with disabilities; 1289
p. Proposed landscaping; and 1290
q. Any other items specifically listed for an application authorized by this title. 1291
42
D. The zoning administrator may require additional plans necessary to show compliance with 1292
standards. Required plans may include other architectural drawings, such as floor and roof plans, 1293
elevations, sections, or details. 1294
E. Plans shall identify that the proposed development complies with the subdivision standards found 1295
in Chapter 20.26 of the city code, unless otherwise exempt by other titles of this code. 1296
F. The Zoning Administrator may waive any of the above listed requirements upon making a 1297
determination that such requirements are unnecessary due to the scope and nature of the proposed 1298
development. 1299
Each application for site plan review shall include six (6) copies of a site plan, drawn to a scale of twenty 1300
feet (20') to the inch or such other scale as the zoning administrator shall deem appropriate. Plans shall be 1301
submitted with every application for site plan approval and shall contain the following information: 1302
A. The applicant's name, address, telephone number and interest in the property; 1303
B. The owner's name, address and telephone number, if different than the applicant, and the owner's 1304
signed consent to the filing of the application; 1305
C. The street address, tax parcel number and legal description of the subject property; 1306
D. The zoning classification, zoning district boundaries and present use of the subject property; 1307
E. A vicinity map with north arrow, scale and date, indicating the zoning classifications and current 1308
uses of properties within eighty five feet (85') of the subject property (exclusive of intervening streets and 1309
alleys); 1310
F. The proposed title of the project and the names, addresses and telephone numbers of the architect, 1311
landscape architect, planner or engineer on the project, and a signature panel for zoning administrator 1312
approval; 1313
G. The boundaries of the subject property, all existing property lines, setback lines, existing streets, 1314
buildings, watercourses, waterways or lakes, wetlands, and other existing physical features in or adjoining 1315
the project; 1316
H. Topographic survey, showing the elevation of streets, alleys, buildings, structures, watercourses and 1317
their names. The topography shall be shown by adequate spot elevations. The finished grade for the entire 1318
site shall be shown as well as the first floor elevation of all buildings. Additionally, on all site plans the 1319
following information must be provided: 1320
1. Significant topographical or physical features of the site, including existing trees; 1321
2. The elevation of the curb (if existing or proposed) in front of each lot shall be indicated; and 1322
3. Elevations of the top of bank and toe of slope, slope ratio of fill, and limits of fill, including 1323
access, shall be indicated; 1324
I. The location and size of sanitary and storm sewers, water, gas, telephone, electric and other utility 1325
lines, culverts and other underground structures in or affecting the project, including existing and 1326
proposed facilities and easements for these facilities. In the case of city owned utilities, such information 1327
shall be provided to the applicant by the department of community and neighborhoods and/or department 1328
of public utilities; 1329
43
J. The location, dimensions and character of construction of proposed streets, alleys, loading areas 1330
(including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary 1331
facilities, sidewalks, curbs and gutters and all curb cuts. Where necessary to meet the purposes and intent 1332
of this chapter, such information shall be provided for the site. Additional area may also be required to be 1333
shown to indicate connections or proposed connections to major utilities; 1334
K. The location of all proposed buildings and structures, accessory and principal, showing the number 1335
of stories and height, dwelling type, if applicable, major elevations and the total square footage of the 1336
floor area by proposed use; 1337
L. The location, height, type and material of all fences and walls; 1338
M. The location, character, size, height and orientation of proposed signs, as proposed to be erected in 1339
accordance with chapter 21A.46 of this title, and elevations of buildings showing signs to be placed on 1340
exterior walls. Signs which are approved in accordance with this chapter shall be considered a part of the 1341
approved site plan; 1342
N. The proposed nature and manner of grading of the site, including proposed treatment of slopes in 1343
excess of ten percent (10%) to prevent soil erosion and excessive runoff; 1344
O. The location of dumpsters or other outdoor trash receptacles; 1345
P. The location and dimensions of proposed recreation areas, open spaces and other required amenities 1346
and improvements; 1347
Q. A tabulation of the total number of acres in the project and the percentage and acreage thereof 1348
proposed to be allocated to off street parking, open space, parks and other reservations; 1349
R. A tabulation of the total number of dwelling units in the project and the overall project density in 1350
dwelling units per gross acre (for residential projects); 1351
S. The proposed and required off street parking and loading areas, including parking and access for 1352
persons with disabilities, as specified in the Utah Adopted Building Code; and 1353
T. Landscape plans subject to the standards contained in chapter 21A.48 of this title. 1354
The Zoning Administrator may waive any of the above listed requirements upon making a determination 1355
that such requirements are unnecessary due to the scope and nature of the proposed development. 1356
21A.58.070: STANDARDS FOR SITE PLAN REVIEW: APPEAL: 1357
Any person adversely affected by a final decision of the zoning administrator may appeal to the appeals 1358
hearing officer in accordance with the provisions of Chapter 21A.16 of this title. 1359
In addition to standards provided in other sections of this title for specific types of approval, the following 1360
standards shall be applied to all applications for site plan review: 1361
A. Lighting: All developments shall provide adequate lighting so as to assure safety and security. 1362
Lighting installations shall not have an adverse impact on traffic safety or on the surrounding area. Light 1363
sources shall be shielded, and shall not shine onto adjacent properties. 1364
B. Stormwater Drainage: Provisions for storm surface drainage shall be in accordance with the design 1365
standards of the Department of Public Utilities indicating location, size, types and grades of sewers, 1366
drainage structures, ditches, and connection to existing drainage system. Disposition of storm or natural 1367
44
waters both on and off the site shall be provided in such a manner as not to have a detrimental effect on 1368
the property of others or the public right-of-way. 1369
C. Utilities: Provision of hookups to public utilities shall be the responsibility of the applicant and 1370
connections shall be installed in accordance with the standards of the Department of Public Utilities. All 1371
connections shall be shown on the site plan. 1372
D. Public Safety: The Salt Lake Valley Health Department shall be invited to review all site plans for 1373
treatment of bulk trash disposal. The Police Department and the Fire Department shall review all site 1374
plans to determine adequacy of access and other aspects of public safety. 1375
E. General Plan Conformity: The Planning Division shall review site plans for all applications for 1376
conditional uses (including planned developments) and design reviews with reference to adopted plans 1377
and the conformity of the site plans with the objectives and policies of the adopted plans. 1378
21A.58.080: PROCEDURES FOR SITE PLAN REVIEW: 1379
A. Preapplication Conference: Before filing an application for approval of a site plan, landscape plan 1380
and other applicable plans, the applicant is encouraged to confer with the DRT regarding the general 1381
proposal. Such action does not require formal application fees, or filing of a site plan, or landscape plan 1382
and is not to be construed as an application for formal approval. No representation made by the Zoning 1383
Administrator, the DRT or other City departments during such conference shall be binding upon the City 1384
with respect to an application subsequently submitted. 1385
B. Fees: Every site plan application shall be accompanied by the fee shown on the Salt Lake City 1386
consolidated fee schedule. 1387
C. Submission Of Final Site Plan, Landscape Plan And Other Plans; Review And Approval: 1388
1. DRT Review: After the site plan, landscape plan, other applicable plans and related materials and 1389
fees have been submitted pursuant to section 21A.58.060 of this chapter, and the application has been 1390
determined by the Zoning Administrator to be complete pursuant to section 21A.10.010 of this title, the 1391
application shall be reviewed and processed through the development review team (DRT) in coordination 1392
with the appropriate city departments. If the plan is approved, the zoning administrator shall certify 1393
approval on the site plan and state the conditions of such approval, if any. If the plan is disapproved, the 1394
zoning administrator shall indicate reasons in writing to the applicant. 1395
2. Appeal Of Zoning Administrator Decision: Any person adversely affected by a final decision of 1396
the zoning administrator on a site plan may appeal to the appeals hearing officer in accordance with the 1397
provisions of chapter 21A.16 of this title. 1398
3. Certification By Zoning Administrator: The decisions of the zoning administrator approving the 1399
application shall be noted on all copies of the site plan, landscape plan and other applicable plans to be 1400
retained in the record, including any changes or conditions required as part of the site plan approval. One 1401
such copy shall be returned to the applicant, and others retained as required for records or further action 1402
by the zoning administrator or other affected agencies of the city. 1403
4. Building Permits: Building permits shall be issued in accordance with approved plans. A copy of 1404
the approved site plan shall be retained in the records of the office of the division of building services and 1405
licensing and all building and occupancy permits shall conform to the provisions of the approved site 1406
plans. 1407
45
5. Amendments Or Modifications To Approved Site Plans: Amendments or modifications to 1408
approved site plans and/or landscape plans must be submitted to the zoning administrator. Such 1409
modifications shall be submitted in accordance with the procedures and requirements of this chapter and 1410
shall be distributed to the appropriate departments for review. The zoning administrator may waive this 1411
requirement if the zoning administrator determines that such modification of the original site plan and/or 1412
landscape plan has no significant impact upon the original proposal and still remains in conformance with 1413
zoning standards and regulations. 1414
6. Time Limit On Approval: Approval of the site plan, landscape plan and other applicable plans 1415
shall be void unless a building permit has been issued or complete building plans have been submitted to 1416
the division of building services and licensing one year from the date of approval. The planning director 1417
may grant an extension of a site plan approval for up to one additional year when the applicant is able to 1418
demonstrate no change in circumstance that would result in an unmitigated impact. Extension requests 1419
must be submitted to the planning director in writing prior to the expiration of the site plan approval. 1420
7. Stop Work Order: A stop work order may be put on the project if any improvements required are 1421
not consistent with the approved site plan, landscape plan or other applicable plans. 1422
8. Maintenance Guarantee: When any improvement is to be accepted for dedication, maintenance or 1423
operation by the city, the applicant shall be required to provide financial security (acceptable to the city 1424
attorney) in the amount of ten percent (10%) of the total construction costs of the project to cover the 1425
costs of any defects which may occur in such improvements within two (2) years after the date of 1426
acceptance by the city. The director of community and neighborhoods or director of public utilities or 1427
other city official shall be responsible for determining when such financial security shall be required. 1428
21A.58.090: SKETCH PLAN REVIEW: 1429
The development review administrator or designee may accept a sketch plan and other documentation 1430
prior to the formal submittal of plans for building permit review to determine the required standard for 1431
front or corner side yard; building height and wall height for a principal structure, width and placement of 1432
attached garages; and the location, building height and footprint of accessory structures. The sketch plan 1433
review process may be utilized for properties located in the FR, R-1, R-2 and SR districts. The submittal 1434
shall incorporate sufficient documentation for the development review administrator or designee to 1435
determine the zoning standards that will be applicable to developing the specific site. This preliminary 1436
zoning review intends to provide information and guidance to the project designer and is not to be 1437
construed as an application or approval of site or building plans. Subsequent building permit applications 1438
must comply with all applicable Salt Lake City development requirements. 1439
82. Amends Subsection 21A.59.030.B.1 as follows: 1440
1. All of the application information required for site plan review as identified in Chapter 1441
21A.58 of this title. 1442
83. Amends the following definitions in Section 21A.62.040 as follows: 1443
a. CHARACTER CONSERVATION DISTRICT FEASIBILITY STUDY: A study conducted by 1444
the proposed district area or their authorized agent to determine whether or not a particular area of the 1445
City is eligible for Character Conservation District classification. The study is typically a summary report 1446
or white paper developed for the proposed Character Conservation District and there is no specific format. 1447
46
b. DEVELOPMENT: The carrying out of any building activity, the making of any material change 1448
in the use or appearance of any structure or land, or the dividing of land into parcels by any person. The 1449
following activities or uses shall also be taken for the purposes of these regulations to involve 1450
"development": 1451
A. The construction of any principal building or structure; A new or modified landscape plan; 1452
B. Increase in the intensity of use of land, such as an increase in the number of dwelling units or an 1453
increase in nonresidential use intensity that requires additional parking; 1454
C. Alteration of a shore or bank of a pond, river, stream, lake or other waterway; 1455
D. Commencement of drilling (except to obtain soil samples), the driving of piles, or excavation on a 1456
parcel of land; 1457
E. Demolition or relocation of a structure; 1458
F. Clearing of land as an adjunct of construction, including clearing or removal of vegetation and 1459
including any significant disturbance of vegetation or soil manipulation; and 1460
G. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. 1461
The following operations or uses shall not be taken for the purpose of these regulations to involve 1462
"development": 1463
A. Work by a highway or road agency or railroad company for the maintenance of a road or railroad 1464
track, if the work is carried out on land within the boundaries of the right-of-way; 1465
B. Utility installations as stated in Subsection 21A.02.050B of this title; 1466
C. Landscaping for residential uses; Minor repairs or maintenance of existing structures which do not 1467
alter approved plans; and 1468
D. Work involving the maintenance of existing landscaped areas and existing rights-of-way such as 1469
setbacks and other planting areas. 1470
c. DISTRICT PLAN AND DESIGN STANDARDS: Proposed design standards and provides for 1471
review of site plans in Character Conservation Districts, to ensure that the character and distinctive 1472
features of these districts are maintained and reinforced by new construction. 1473
d. GARAGE, ATTACHED: A garage that is attached to the principal building by a common wall or 1474
is connected to the principal building by a roof that has a width of more than five feet (5') or more. An 1475
attached garage shall be considered part of the principal building. 1476
e. NONCOMPLYING LOT: A parcel of land which was legally established on the effective date of 1477
any amendment to this title that made the lot noncomplying that has less lot area, frontage or dimensions 1478
than required in the district in which it is located. that does not conform to the regulations of this title but 1479
was legally established prior to an amendment of this title or is recognized to be in legal existence 1480
according to the provisions of Chapter 21A.38. 1481
f. NONCOMPLYING STRUCTURE: Buildings, and structures or property improvements that 1482
serve complying land uses which were legally established on the effective date of any amendment to this 1483
title that makes the structure not comply with the applicable yard area, height and/or bulk regulations of 1484
this title or is recognized to be in legal existence according to the provisions of Chapter 21A.38. 1485
47
g. SKETCH PLAN REVIEW: A preliminary review process administered by the development 1486
review administrator or designee for the purpose of determining the required standard for front or corner 1487
side yard; building height and wall height, width and placement of attached garages; and the location, 1488
building height and footprint of accessory structures prior to the formal submittal of plans to obtain a 1489
building permit. 1490
h. STABILIZING: The area is expected to become stable through continued reinvestment, 1491
maintenance, or remodeling. 1492
i. STABLE: The area is expected to remain substantially the same with continued maintenance of 1493
the property. While some changes in structures, land uses, and densities may occur, all such changes are 1494
expected to be compatible with surrounding development and in accordance with the adopted master plan 1495
policies and adopted zoning regulations. Other items that can determine the stability of an area include, 1496
but are not limited to, the following: property values, number of demolition or building permits issued. 1497
84. Effective Date. This ordinance, if passed, shall be effective on the date of its first publication. 1498
1499
[end] 1500