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012 of 2014 - Pertaining to certain provisions of Chapter 21A.36, to establish certain recycling and construction 0 14-1 0 12-13 SALT LAKE CITY ORI)INANC'E No. 12 of 2014 (An ordinance amending chapter 21A.36 of the Salt Lake City Code pertaining to recycling and construction waste management) An ordinance amending certain provisions of chapter 21A.36 of the Salt Lake City Code pursuant to Petition No. PI,NPCM2010-00614 to establish certain recycling and construction waste management requirements in furtherance of the city's sustainability efforts. WHEREAS, the Salt Lake City Planning Commission held a public hearing on January 11, 2012 to consider a request made by Salt Lake City Mayor Ralph Becker(petition no. PLNPCM2010-00614) to amend the text of table 21A.36.020.B (Zoning: General Provisions: Conformance with Lot and Bulk Controls: Obstructions in Required Yards) of the Salt Lake City Code and to add a new section 21A.36.250 (Zoning: General Provisions: Recycling and Construction Waste Management) to establish certain recycling and construction waste management requirements; and WHEREAS, at its January 11, 2012 meeting, the planning commission voted in favor of recommending to the City Council of Salt Lake City 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 adopting this 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.36.020.B. That section 21A.36.020.B of the Salt Lake City Code (Zoning: General Provisions: Conformance with Lot and Bulk Controls: Obstructions in Required Yards), shall be, and hereby is, amended to read as follows: B. Obstructions In Required Yards: Accessory uses and structures, and projections of the principal structure, may be located in a required yard only as indicated ("X") in table 21A.36.020B of this section. No portion of an obstruction authorized in table 21A.36.020B of this section shall extend beyond the authorized projection. Dimensions shall be measured from the finished surface of the building or structure. TABLE 21A.36.020B OBSTRUCTIONS IN REQUIRED YARDS Front And Corner Side Rear Side Yard Yard Type Of Structure Or Use Obstruction Yards Accessory buildings subject to the provisions of chapter 21A.40 X of this title, and located at least 1 foot from the side property line except for the FP and FR districts where no accessory building is permitted in any yard. Accessory buildings shall be at least 10 feet from a principal residential building on an adjacent lot Arbors and trellises not to exceed 12 feet in height or 120 X X X square feet in residential districts. This requirement shall also apply to nonresidential districts unless otherwise authorized Architectural ornament not elsewhere regulated projecting not X X X more than 4 inches Awnings and canopies, extending not more than 21/2 feet into X X X front, corner side, or side yards and not more than 5 feet into rear yards allowed in residential districts only Balconies projecting not more than 5 feet X Basketball hoop and backboard on or adjacent to permitted X X X driveways Bay windows which are 1 story high, not more than 10 feet X X X long, project 2 feet or less and are located not less than 4 feet from a lot line Below grade encroachments2 X X X Breezeways and open porches X Central air conditioning systems,heating,ventilating,pool and X X filtering equipment.the outside elements shall be located not less than 4 feet from a lot line.Structures less than 4 feet from the property line shall be reviewed as a special exception according to the provisions of section 21A.52.030 of this title Changes of Established Grade of 4 feet or less except for the FP X X X and FR districts which shall be subject to the provisions of subsection 21 A.24.010P of this title.(All grade changes located on a property line shall be supported by a retaining wall.) For properties outside of the H historic preservation overlay, changes of established grade greater than 4 feet are special exceptions subject to the standards and factors in Section 21A.52 of this Ordinance. Changes of Established Grade for commercial or industrial uses X X X in zones,where conditionally or otherwise permitted,the grade is changed to accommodate site retention or detention requirements Chimneys projecting 2 feet or less into the yard must be located X X not less than 2 feet from a lot line Decks(open)2 feet high or less X X X Eaves,not including gutters projecting 2 feet or less into the X X X yard.4 foot eave may project into a 20 foot yard area Fallout shelters(completely underground),conforming to X applicable civil defense regulations and located not less than 4 feet from a lot line Fences or walls subject to applicable height restrictions of X X X chapter 21A.40 of this title Fire escapes projecting 4 feet or less X Flagpoles: Residential districts: 1 permanent flagpole X X X per street frontage Nonresidential districts:3 flagpoles per street X X X frontage Subject to provisions of table 21A.36.020C of this section Ground mounted utility boxes subject to the provisions of X X X section 21A.40.160 of this title Ham radio antennas subject to provisions of subsection X 21A.40.0901)of this title Landscaping,including decorative berms 4 feet or less in height X X X with no grade change along any property line,provided that if such landscaping obstructs the visibility of an intersection the city may require its pruning or removal Laundry drying equipment(clothesline and poles) X Parking,carports and covered parking spaces except as X otherwise expressly authorized by table 2I A.44.050 of this title Patios on grade X X X Patios on grade(attached,covered and unenclosed)maintaining X a minimum 15 foot setback from the rear property line Porches(attached,covered and unenclosed)projecting 5 feet or X less Recreational(playground)equipment X Refuse and recycling dumpster X Removable ramp for persons with disabilities(when approved X X X as a special exception) Satellite dish antennas X X Signs,subject to the provisions of chapter 21A.46 of this title X X X Steps and required landings 4 feet or less above or below grade X X X which are necessary for access to a permitted building and located not less than 4 feet from a lot line Swimming pools(measured to the water line),tennis courts, X X game courts,and similar uses shall not be located less than 10 feet from a property line Window mounted refrigerated air conditioners and evaporative X X X "swamp"coolers located at least 2 feet from the property line. Window mounted refrigerated air conditioner units and "swamp"coolers less than 2 feet from the property line shall be reviewed as a special exception according to the provisions of section 21 A.52.030 of this title Window wells not over 6 feet in width and projecting not more X X X than 3 feet from structure SECTION 2. Adopting section 21A.36.250 of Salt Lake City Code. That chapter 21A.36 of the Salt Lake City Code (Zoning: General Provisions), shall be, and hereby is, amended to adopt section 21A.36.250, which shall read as follows: 21A.36.250 Recycling and Construction Waste Management: A. Purpose Statement: The requirements of this chapter are intended to promote recycling by providing dedicated space for such activities in developments and to promote efficient management of construction and demolition waste. These requirements are also intended to help better manage the life of the local landfill by reducing the amount of materials entering the landfill, reducing municipal expenditures and saving taxpayer dollars through more efficient and reduced refuse collection services and preservation of natural resources for future generations. B. Scope of Regulations: The recycling and waste reduction provisions of this title shall apply to all buildings and structures erected and all uses of land established after 1995. C. Site Plan Information: Any application for a building permit shall include a site plan, drawn to scale and fully dimensioned, showing the location and size of the recycling collection station, if applicable, to be provided in compliance with this title. D. Designation of Recycling Collection Station in the Multifamily Residential,Non- Residential and Mixed Use Districts: All construction of new principal buildings and all remodels/expansions greater than one thousand (1,000) square feet in gross floor area shall include a recycling collection station as part of the development. All new developments and remodels/expansions in the mixed use districts may provide a shared recycling collection station subject to approval from the zoning administrator. The recycling collection station shall be accessible to collection services, including adequate on-site vehicular pick up service and subject to the location provisions of Chapter 21A.36.020. E. Voluntary Conversion of Parking Spaces to Provide a Recycling Collection Station: These provisions apply to existing developments in all zones except single-family and R-2 single- and two-family residential districts that do not currently meet the recycling collection station requirements of this code. Existing developments may convert up to six (6) existing on-site parking spaces in order to accommodate the installation of a recycling collection station. Such a conversion may be allowed through administrative approval when the zoning administrator finds that the following conditions exist: (1) When the existing parking on site is not reduced by more than 10%. If 10% equates to less than one(1)parking stall,then only one(1)parking stall can be eliminated to accommodate the recycling collection station; (2)The recycling collection station is centrally located such that it is easily accessible to all users; (3)Adequate space exists for the recycling collection station to be accessed by service vehicles on site; (4)The zoning administrator may request additional review from the transportation division;and (5) The property owner,or authorized agent or homeowner's association,if applicable,provide proof of a valid contract stipulating that the owner will maintain or contract on-going recycling services to the development. P. Construction Waste Management Plan Requirement for Development or Demolition Applications:A construction waste management plan shall be submitted with all new development and/or demolition permit applications.These provisions apply to the following: (a) New construction of multi-family developments with three or more dwelling units; (b)New subdivision developments of over twenty(20)single-family homes; (c) All new mixed use and non-residential developments that exceed five thousand (5,000)square feet; (d)The demolition of any principal structure;and (e) Any expansion,alterations or modification that increases the existing development's gross floor area by at least 1,000 square feet. G. Construction Waste Management Plan:A construction waste management plan shall be submitted with all new development and/or demolition permit applications and shall describe how at least fifty-five percent(55%),by weight,of new construction waste materials and demolition waste will be recycled or reused.The construction waste management plan shall also describe: (1) Steps that will be taken to reduce the amount of waste created by the project. (2) How subcontractors and employees will be trained to ensure material will be reused or recycled to the maximum extent possible. (3) On-site collection system for waste,including any separation required.Hazardous waste must be kept separate for proper handling. (4) Total amount and types of construction and demolition waste material reused, recycled,or composted. (5) Amount and types of construction and demolition waste material landfilled. (6)Names of facilities which will receive or process and construction and demolition waste material. II. Issuance of Certificate of Occupancy: Prior to the issuance of a certificate of occupancy the applicant shall submit a copy of the construction waste audit performed by the company (or companies) contracted to remove waste and recyclables. The audit receipt shall include information such as pictures and an itemized list of material contained in each load, the makeup of the waste stream and the percentage (by weight) of the materials was recycled, reused or otherwise diverted from the landfill I. Location of Recycling Collection Station: Recycling collection stations shall be located indoors or outdoors, in yard areas as specified below. The purpose of the following regulations is to promote recycling through increased convenience and ensure the neat appearance of the recycling collection station so that it does not impact aesthetic values of the community. Recycling containers located in single- family and two-family residential districts shall be subject to the accessory storage limits of subsection 21A.24.010.R of this title. (1) Multi-Family Residential Districts: In multi-family residential districts, recycling collection stations shall be either located in an enclosed principal building, accessory building, side yard or the rear yard and shall be designed and operated to accommodate on site recycling only. (2) Nonresidential Districts: In nonresidential districts or for nonresidential uses in residential districts recycling collection stations may be located, designed and operated to accommodate the recycling activities of both on site and off site users. J. Screening: (1) Landscaping and screening of recycling collection stations shall be provided in a manner that improves their appearance without obscuring their visibility. Landscaping and screening requirements shall be established on a case by case basis as part of the site plan review process pursuant to Chapter 21A.58 of this title. In districts where site plan review is not required, no landscaping or screening will be required. (2) Recycling collection stations shall not be located within any required landscape yard or landscape buffer. K. Maintenance: All recycling collection stations shall be maintained in a clean and safe condition and free of litter. L. Advertising: Recycling collection stations shall not be used for advertising. The maximum sign area to be used for identification and instructions shall be ten (10) square feet. M. Reverse Vending Machines: Reverse vending machines shall not be permitted in residential districts, except as accessory uses to nonresidential uses. N. Donation Bins: Donation containers or bins for charitable purposes are exempt from screening or site location regulations and may be located in outdoor public locations for people to drop off clothing or other items for reuse or recycle. SECTION 3. Amending section 21A.40.100 of Salt Lake City Code. That Section 21A.40.100 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Recycling Container Regulations), shall be, and hereby is, amended to read as follows: 21A.40.100: [Reserved] SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, tah, t is day of April , 2014. CHAI TTEST A D 771rERSIG • --- , ':1Zi. CITY RECORDER Transmitted to Mayor on April 25, 2014. • Mayor's Action: X Approved. Vetoed. /9141.4(7d M'l YOR ,•••:;*7 1/417 -(-..---' ' I -4i,,Y-EPori' -' 4 bfY RECORDER ?p.- ...6), Jr. t. •°_ .. , APPROVED AS TO FORM 1�. , Salt Lake CityAttorn s Office (SEAL) ♦� •K i ,,y, 6`Its 3.1 i of i �' 'is (C)% .. 'Qv ' Date: OJ S 2e '3 Bill No. 12 of 2014. �AoRATV, w 4' By: ���‘4�0�+ P d .Niels a for CityAttorney May 2, 2014 HB_ATTY-#21 117-v9-Ordinance_governing_recycling_&_consruction_waste_mgt.DOC