010 of 2010 - amending certain sections of Title 21A (Zoning) to provide clarity & efficiency in land use regulati 0 10-1
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SALT LAKE CITY ORDINANCE
No. 10 of 2010
(An ordinance amending certain land use provisions of
Title 21A (Zoning) of the Salt Lake City Code)
An ordinance amending certain sections of Title 21A(Zoning) of the Salt Lake City Code
pursuant to Petition No. PLNPCM2008-00643 to provide additional clarity and efficiency in land
use regulation.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on June 24, 2009 to consider a request made by Salt Lake City Mayor Ralph
Becker(petition no. PLNPCM2008-00643) to amend the text of certain sections of Title 21A
(Zoning) of the Salt Lake City Code to provide further clarity and efficiency in land use
regulation; and
WHEREAS, at its June 24, 2009 hearing, the Planning Commission voted in favor of
recommending to the City Council that the City Council amend the sections of Title 21A of the
Salt Lake City Code identified herein; and
WHEREAS, after a public hearing on this matter the City Council has determined that
the following ordinance is in the City's best interests,
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending text of Salt Lake City Code section 21A.36.030. That section
21A.36.030.A of the Salt Lake City Code(Home Occupations), shall be, and hereby is, amended
to read as follows:
21A.36.030 Home Occupations:
A. Purpose: The purpose of this section is to permit the establishment of home
occupations in all residential districts and within legal conforming single family, duplex,
and multifamily dwellings within commercial and nonresidential districts and ensure that
the home occupations are compatible with the district in which they are located and have
no negative impact upon the surrounding neighborhood.
SECTION 2. Amending text of Salt Lake City Code section 21A.36.130. That sections
21A.36.130.A through 21A.36.130.B of the Salt Lake City Code (Child Daycare), shall be, and
hereby is, amended to read as follows:
21A.36.130 Child Daycare:
Child daycare shall be permitted pursuant to the following provisions:
A. Nonregistered Home Daycare: Nonregistered home daycare, limited to no more than
two (2) children, excluding the provider's children, is permitted in the home of the
care provider in the FR-1/43,560, FR-2/21,780, FR-3/12,000, R-1/12,000, R-1/7,000,
R-1/5,000, SR-I, SR-3, R-2, RMF-30, RMF-35, RMF-45, RMF-75, RB, R-MU-35,
R-MU-45, R-MU, MU and RO districts and within legal conforming single family,
duplex, and multifamily dwellings within commercial and nonresidential districts
excluding M-1 and M-2 districts. A business revenue license or home occupation
conditional use approval shall not be required.
B. Registered Home Daycare Or Registered Home Preschool: A registered home
daycare or registered home preschool as defined in part VI, chapter 21A.62 of this
title, may be allowed as an accessory use in the FR-1/43,560, FR-2/21,780, FR-
3/12,000, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-3, R-2, RMF-30, RMF-35,
RMF-45, RMF-75, RB, R-MU-35, R-MU-45, R-MU, MU and RO districts and
within legal conforming single family, duplex, and multifamily dwellings within
commercial and nonresidential districts excluding M-1 and M-2 districts as a home
occupation special exception pursuant to the provisions of part V, chapter 21A.52 of
this title. The permittee shall also obtain appropriate licensing where applicable from
the state pursuant to the Utah Code Annotated, 1953.
SECTION 3. Amending text of Salt Lake City Code section 21A.32.140. That the table,
titled"Table of Permitted and Conditional Uses For Special Purpose Districts",which is located
at section 21 A.32.140 of the Salt Lake City Code, shall be, and hereby is, amended, in part, such
that only the following provisions of said table are amended:
Permitted And
Use Conditional Uses
MU
Residential:
Residential substance abuse treatment home, large (see section C
21A.36.0100 of this title)
Residential substance abuse treatment home, small (see section P
21A.36.0100 of this title)
Transitional treatment home, large (see section 21A.36.090 of this title) C
Transitional treatment home, small (see section 21A.36.090 of this title) C
Transitional victim home, large (see section 21A.36.080 of this title) C
Transitional victim home, small (see section 21A.36.080 of this title) P
SECTION 4. Amending text of Salt Lake City Code section 21A.36.040. That section
21A.36.040 of the Salt Lake City Code (Resident Healthcare Facilities), shall be, and hereby is,
amended to read as follows:
21A.36.040 Resident Healthcare Facilities:
A "resident healthcare facility" as defined in part VI, chapter 21A.62 of this title,
shall be permitted as of right in the RMF-30, RMF-35, RMF-45, RMF-75, RB, R-
MU-35, R-MU-45, R-MU,MU and RO districts provided it complies with all of
the requirements of the particular zoning district, the general standards set forth in
this part and all other applicable requirements of this title and of this code,
including business licensing requirements.
SECTION 5. Amending text of Salt Lake City Code section 21A.36.050. That section
21A.36.050 of the Salt Lake City Code (Assisted Living Facilities), shall be, and hereby is,
amended to read as follows:
21A.36.050 Assisted Living Facilities:
An "assisted living facility" as defined in part VI, chapter 21 A.62 of this title,
shall be permitted in the RMF-35, RMF-45, RMF-75,R-MU-35, R-MU-45, MU
and R-MU districts provided it complies with all of the requirements of the
particular zoning district, the general standards set forth in this part and all other
applicable requirements of this title and of this code, including business licensing
requirements. If the assisted living facility is an apartment building, the facility
shall not exceed the density allowed in the base zoning district. If the assisted
living facility is a rooming house, for the purpose of calculating the density
•
allowed under the base zoning district, three (3) boarders shall constitute one
dwelling unit.
SECTION 6. Amending text of Salt Lake City Code section 21 A.36.060. That section
21A.36.120 of the Salt Lake City Code (Nursing Care Facilities), shall be, and hereby is,
amended to read as follows:
21A.36.060 Nursing Care Facilities:
A "nursing care facility" as defined in part VI, chapter 21A.62 of this title, shall
be permitted in the RMF-45, RMF-75, R-MU-35, R-MU-45, MU and R-MU
districts provided it complies with all of the requirements of the particular zoning
district, the general standards set forth in this part and all other applicable
requirements of this title.
SECTION 7. Amending text of Salt Lake City Code section 21A.36.070. That sections
21A.36.070.0 through 21A.36.070.D of the Salt Lake City Code (Group Homes), shall be, and
hereby is, amended to read as follows:
C. Small Group Homes - Authorized As Permitted Uses: Small group homes
shall be permitted pursuant to subsection B of this section in the FR-1, FR-2,
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-3, R-2, RMF-30, RMF-35,
RMF-45, RMF-75, RB, R-MU-35, R-MU-45, R-MU, RO, MU, CC, CG, D-2,
D-3, AG, AG-2, and AG-5 districts provided:
1. No small group home shall be located within eight hundred feet (800')
of another group home; and
2. Small group homes established in the RB and RO districts shall be
located above the ground floor.
D. Large Group Homes - Authorized As Conditional Uses: Large group
homes, as either principal or accessory uses, may be allowed, as conditional
uses pursuant to the provisions of part V, chapter 21A.54 of this title, and
pursuant to subsection B of this section in the RMF-30, RMF-35, RMF-45,
RMF-75, RB, R-MU-35, R-MU-45, R-MU, RO, MU, CC, CG, D-2, D-3 and
G-MU districts provided:
1. No large group home shall be located within eight hundred feet (800')
of another group home; and
2. Large group homes established in the RB and RO districts shall be
located above the ground floor.
SECTION 8. Amending text of Salt Lake City Code section 21 A.36.080. That sections
21A.36.080.0 through 21A.36.080.E of the Salt Lake City Code (Transitional Victim Homes),
shall be, and hereby is, amended to read as follows:
C. Small Transitional Victim Homes - Authorized As Permitted Uses: Small
transitional victim homes shall be permitted as either principal or accessory
uses pursuant to subsection B of this section in the RMF-75, R-MU, MU and
RO districts provided:
1. No small transitional victim home shall be located within eight hundred feet
(800') of another transitional victim home, residential substance abuse
treatment home or transitional treatment home.
2. Small transitional victim homes established in RO districts shall be located
above the ground floor.
D. Small Transitional Victim Homes - Authorized As Conditional Uses: Small
transitional victim homes, as either principal or accessory uses, may be
allowed as a conditional use, pursuant to the provisions of part V, chapter
21A.54 of this title, and pursuant to subsection B of this section in the RMF-
35, RMF-45, R-MU-35, R-MU-45, CC, CG, D-2, D-3, and G-MU districts
provided:
1. No small transitional victim home shall be located within eight
hundred feet (800') of another transitional victim home, residential
substance abuse treatment home or transitional treatment home.
E. Large Transitional Victim Homes - Authorized As Conditional Uses: Large
transitional victim homes, as either principal or accessory uses, may be
allowed as a conditional use, pursuant to the provisions of part V, chapter
21A.54 of this title, and pursuant to subsection B of this section in the RMF-
45, RMF-75, R-MU-45, R-MU, RO, MU, CC, CG, D-2, D-3, and G-MU
districts provided:
1. No small transitional victim home shall be located within eight
hundred feet(800') of another transitional victim home, residential
substance abuse treatment home or transitional treatment home.
2. Small transitional victim homes established in RO districts shall be
located above the ground floor.
SECTION 9. Amending text of Salt Lake City Code section 21A.36.090. That sections
21A.36.090.0 through 21A.36.090.D of the Salt Lake City Code (Transitional Treatment
Homes), shall be, and hereby is, amended to read as follows:
C. Small Transitional Treatment Homes - Authorized As Conditional Uses: Small
transitional treatment homes, as either principal or accessory uses, may be allowed as
a conditional use,pursuant to the provisions of part V, chapter 21A.54 of this title,
and pursuant to subsection B of this section in the RMF-35, RMF-45, RMF-75, R-
MU-35, R-MU-45, R-MU, MU, RO, CC, CG, D-2,D-3, and G-MU districts
provided:
1. No small transitional treatment home shall be located within eight
hundred feet (800') of another transitional treatment home, residential
substance abuse treatment home, transitional victim home or
community correctional facility; and
2. A small transitional treatment home established in the RO district shall
be located above the ground floor.
D. Large Transitional Treatment Homes -Authorized As Conditional Uses: Large
transitional treatment homes may be allowed as either principal or accessory uses, as
a conditional use pursuant to the provisions of part V, chapter 21A.54 of this title, and
pursuant to subsection B of this section in the RMF-45, RMF-75, R-MU-45, R-MU,
RO, MU, CC, CG, D-2, D-3, and G-MU districts provided:
1. No large transitional treatment home shall be located within eight hundred
feet (800') of another transitional treatment home, residential substance abuse
treatment home, transitional victim home or community correctional facility;
and
2. A large transitional treatment home established in the RO district shall be
located above the ground floor.
SECTION 10. Amending text of Salt Lake City Code section 21 A.36.100. That sections
21A.36.100.0 through 21A.36.100.E of the Salt Lake City Code (Residential Substance Abuse
Treatment Homes), shall be, and hereby is, amended to read as follows:
C. Small Residential Substance Abuse Treatment Homes - Authorized As
Permitted Uses: Small residential substance abuse treatment homes shall be
permitted as either principal or accessory uses pursuant to subsection B of this
section in the RMF-75, R-MU-35, R-MU-45, R-MU, MU and RO districts
provided:
1. No small residential substance abuse treatment home shall be located within
eight hundred feet(800') of another residential substance abuse treatment
home, transitional victim home or transitional treatment home; and
2. A small residential substance abuse treatment home established in RO districts
shall be located above the ground floor.
D. Small Residential Substance Abuse Treatment Homes - Authorized As
Conditional Uses: Small residential substance abuse treatment homes, as
either principal or accessory uses, may be allowed as a conditional use
pursuant to the provisions of part V, chapter 21A.54 of this title, and pursuant
to subsection B of this section in the RMF-35, RMF-45, CC, CG, D-2, D-3
and G-MU districts provided:
1. No small residential substance abuse treatment home shall be located
within eight hundred feet (800') of another residential substance abuse
treatment home, transitional victim home, transitional treatment home
or community correctional facility.
E. Large Residential Substance Abuse Treatment Homes - Authorized As
Conditional Uses: Large residential substance abuse treatment homes, as
either principal or accessory uses, may be allowed as a conditional use
pursuant to the provisions of part V, chapter 21A.54 of this title, and pursuant
to subsection B of this section in the RMF-45, RMF-75, R-MU-45, R-MU,
RO, MU, CC, CG, D-2, D-3, and G-MU districts provided:
1. No large residential substance abuse treatment home shall be located within
eight hundred feet (800') of another residential substance abuse treatment
home, transitional victim home, transitional treatment home or community
correctional facility; and
2. A small residential substance abuse treatment home established in RO districts
shall be located above the ground floor.
SECTION 11. Amending text of Salt Lake City Code section 21A.36.120. That section
21A.36.120.A of the Salt Lake City Code (Adult Daycare Center`), shall be, and hereby is,
amended to read as follows:
•
A. Permitted Use: An adult daycare center is a permitted use in the R-MU-35, R-MU-45,
R-MU, RO, MU, CN, CB, CC, CS, CSHBD, CG, D-1, D-2, D-3, I, UI and M-1
districts.
SECTION 12. Amending text of Salt Lake City Code section 21A.40.090.E. That the
table, titled"Wireless Telecommunication Facilities", which is located at section 21A.40.090.E
of the Salt Lake City Code, shall be, and hereby is, amended, in part, such that only the following
provisions of said table are amended:
Table 21A.40.090E
WIRELESS TELECOMMUNICATIONS FACILITIES
Wall Roof Monopole With Antennas And Monopole With Antennas And Lattice
Mount Mount Antenna Support Structure Less Than Antenna Support Structure Greater Tower
2 Feet Wide Than 2 Feet Wide
District Height 60 Feet Or District Height 60 Feet Or
Limit But Not To Exceeding The Limit But Not To Exceeding The
Exceed 60 Feet Maximum Exceed 60 Feet Maximum
(Whichever Is Height Limit Of (Whichever Is Height Limit Of
Less) The Zone Less) The Zone
Special Purpose/Overlay Districts
MU P C
Notes:
P Permitted use.
C Conditional use.
SECTION 13. Amending text of Salt Lake City Code section 21A.26.080. That the table,
titled "Table of Permitted and Conditional Uses For Commercial Districts", which is located at
section 21A.26.080 of the Salt Lake City Code, shall be, and hereby is, amended, in part, such
that only the following provisions of said table are amended:
Section 21A.26.080 Table of Permitted and Conditional Uses For Commercial
Districts.
PERMITTED AND CONDITIONAL USES, BY
LEGEND DISTRICT COMMERCIAL DISTRICTS
rC = Conditional Use
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P =Permitted Use
USE CN CB CC CS1 CSHBD1 CG TC-75
Residential
Mixed use developments including P8 P P P P P P
residential and other uses allowed in
the zoning district
Qualifying Provisions:
8. Mixed use development within the CN Zoning District may include single family
and duplex dwellings.
SECTION 14. Amending text of Salt Lake City Code section 21 A.46.110. That section
21 A.46.110.A.4.c of the Salt Lake City Code (Sign Regulations for Downtown Districts:
Corporate Flags), shall be, and hereby is, amended to read as follows:
c. Corporate Flags: The pole support must be attached directly to the building and
located so that all portions of the flag clear the pedestrian level of the building. Flags
shall not interfere with street trees, light poles, utility lines, etc., and shall maintain a ten
foot (10') clearance from the sidewalk. Corporate flags may be additionally anchored at
the bottom with a cable, chain,rope or other non-rigid devise, to prevent excessive
movement. However, if more than one structural support is provided, the flag shall be
considered a fabric "projecting sign".
SECTION 15. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this 2nd day of March
2010.
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Transmitted to Mayor on March 3, 2010 .
Mayor's Action: j/ Approved. Vetoed.
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MAYOR i
APPROVED AS TO FORM
CITY RECORDER i v faii":� Salt Lake City Attorneys Office
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Pa 1 C. Nielso , ni r City Attorney
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Bill No. 10 of 2010.
Published: March 13, 2010
HB_ATTY-#10299-v2-Ordinance__zoning_fine_tuning_PLNPCM2008-00643.DOC