Loading...
018 of 1985 - Foothill Development Height Regulations 0 84-32 SALT LAKE CITY ORDINANCE No . 18 of 1985 (Foothill Development Height Regulations) AN ORDINANCE AMENDING CHAPTER 12A OF TITLE 51 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AS AMENDED, RELATING TO THE FOOTHILL DEVELOPMENT ( "F-1 " ) OVERLAY ZONE, BY AMENDING SECTIONS 51-12A-1 AND 51 -1 2A-2, AND ADDING NEW SECTIONS 51 -12A-3 AND 51 -12A-4 RELATING TO SITE DEVELOPMENT AND HEIGHT REGULATIONS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 12A of Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended , be, and the same is hereby amended: by AMENDING Sections 51-12A-1 and 51- 12A-2 and by ADDING thereto new Sections 51-12A-3 and 51-12A-4 to read as follows : Sec. 51-12A-1 . Purpose . The purpose of the Foothill Development Overlay Zone is to promote the health, safety, and general public welfare of the city and the inhabitants thereof, by establishing standards for the development of the foothill areas within Salt Lake City. Whereas foothill topography possesses characteristics which are different from those of flatlands in the city, and presents special problems for development, it is necessary to impose special regulations to minimize vegetation removal, soil and slope instability, erosion and water runoff, and impairment of aesthetic qualities, including scenic vistas to and from the foothills. To this end , D A ,S there is also a need to limit the height of buildings so that they conform to the charactistics of the terrain and to the size of the lot. The Foothill Development Overlay Zone shall be an overlay zone to the district classifications in Section 51-12-1 of the Revised Ordinances of Salt Lake City, Utah, 1965, and is created in order to accomplish the above purposes. In cases of conflict between such district classifications and this overlay zone, the more restrictive provision shall apply. Sec. 51-12A-2. Use Regulations. In the Foothill Development Overlay Zone no property shall be used and no building shall be erected or altered so as to be arranged , intended or designed to be used for a purpose other than those permitted in the base district classification. Sec. 51-12A-3. Site Development Regulations. Development within the Foothill Development Overlay Zone shall be subject to all regulations of Title 47 of the Revised Ordinances of Salt Lake City, Utah, 1965, which govern site development activities within Salt Lake City. Specific sections of Title 47 which apply in their entirety to this Overlay Zone are Sections 47-3-5, ( "Foothill Development Overlay Zone Special Regulations") ,and 47- 5-3 , ( "Foothill Development Overlay Zone Reports" ) . Sec. 51-12A-4. Height Regulations in Foothill Development Overlay Zone. (1) The maximum height for structures as measured on any face thereof, shall be 25 feet for a structure having a flat -2- .[ r� roof, and 30 feet for a structure having any other type of roof including the following : gabled, hipped, curb , mansard , gambrel, false mansard , or any variation thereof. Measurement shall be calculated as defined in Section 51-2-13.1. 2. The Board of Adjustment, as a special exception to Section (1) above , may approve a permit to exceed the maximum building height. To grant a permit the Board must find the proposed plan: (a) is a design better suited to the site than can be achieved by strict compliance ; and (b) satisfies the following criteria: ( i ) The topography of the lot presents difficulties for construction when the foothill height limitations are applied; ( ii) The structure has been designed for the topographic conditions existing on the particular lot ; and (iii) The impact of additional height on neighboring properties has been identified and reasonably mitigated . The burden of proof is upon the applicant to submit sufficient data to pursuade the Board that the criteria have been satisfied . 3. The Board shall be entitled to deny an application for a permit for a special exception under any of the following circumstances: -3- �aof (a) If the architectural plans submitted are designed for structures on level , or nearly level ground, and the design is transposed to hillside lots requiring support foundations such that the structure exceeds the limits of this overlay zone. (b) If the additional height can be reduced by modifying : (1) the design of the structure such as by stepping or terracing , or ( 2 ) the placement of the structure on the lot. (c) If the additional height will impair the views from adjacent lots, and the impairment can be avoided by modification. (d) If the proposal is not in keeping with the character of the neighborhood. SECTION 2. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 12th day of March , 1985. VICE CHAIRMAN j ATTEST: < 1 I TY ORDER -4- v � . Transmitted to the Mayor on March 13, 1985 Mayor's action: March 13, 1985 YOR ATTEST: CITY REC R cc10 5 (SEAL) 811t..,a,of 19 8�1 PUb%9hW*- April 6, 1985 n ^ A q -5- 76 • Affidavit of Publication ADM-35A STATE OF UTAH, SS. County of Salt Lake ANCEr;• ._. woi o - Cher 1 Gierloff /AN INA III, o NDIN� Kt-R at R 's) ....................................................................... Foothill ire t ssgg E f APTER 12A OF TIT, E 1 F THE, '� ORpINANCES OF SALT LAKE CITY %5, D RELAtiNG TO THE FOOTHILL t}EV °°# _OP 1') V I RLAY ZONE BY AMENDING SEGTIO 1-T2A. S14 AND ADDING NEW SECTIONS 51.1 3 AND 2A•4 RE� TING TO SITE DEVELOPMENT AN HEIG"T.REGULATIONS. Being first duly sworn, deposes and says that he/she is It ordained by the City Council of9olt Lake City,utah: ^$FICTION 1.That Chapter 12A of Title 51 of the Revised- — �i notes of Safi Lake City,Utah 1965 gs amended berTARA legal advertising clerk of the DESERET NEWS, a daily th$ me Is hereby amended:by Afu1ENOING,Sed(ons�,,., .T,.� on ,$1.12A-2 and by ADDING thereto new,Sections 51-,2Arw newspaper printed in the English language with general 5ntl ,;)2A-4 to read as follows: circulation in Utah, and published in Salt Lake City, Set:51.12A•1.Purpose..The purpose of the Foothill DeveM1 ppment Overfpy Zone Is to promote the health safety,and gen. fiablibliic wee deafards hec icyhe and lothe I tot4hetoothnof-b*"i Salt Lake County, in the State of Utah. In Sait4:ake City.Whereas foothill topography possesseg" charobterlstics which are different from those of flatlands in tho,4 a city,and presents special ProblemsLions development,get net: That the legal notice of which a copy is attached hereto 6ssa`ry to Impose special regulations to minimize vegetation removal,soil and slope lnstobllity,erosion and water runoff,and Im9lrment of aesthetic qualities,including scenic vistas to aalt<a the foothills.To this end,there Is also a geed to I;tIc*e -Wah Salt Lake Cit• Ordinance No. 18 of 1985 r.tet of buildings so that they the lot.iftThe F the 11 DeVetlgties r ......................................�T..................................................... terrain and to the si;e of the lot.The Foothill Devclg7rHenf 'grip,Zone shall be an overlay,zone to the district clas';t:11 ons in Section 51-12-1 of the Revised Ordinances of Stilt Coke, 7� q City,Utohc1965,and Is created In order to accomplish the obove �'OAtY17 ..y{t�T7�yQ JIl@Ilt.. e7.. ht.. Er' 1����,Q .�........ purposes.in cases of conflict between such district elassillco., •••• p g flans and this overlay zone,the more•restrictivg provision-shall.. y.apP►Y..51.12A-2.Use Regulations.In the Foothill Development- Overt��pp5VZ9ne no Property shall be used and no buildingshol r' ••••••••••••••••••••••••••••••••••••••°•••••°••••••••°•••••••••••..•.....••..•••.••••.•.••••. erected or altered so as to be arranged,Intended or'desidned.ta. be used for a purppoose other than those permitted in the b%Ati dlstrlct clossffloatlor. Set.51e12A-3.Site DevelopmentReculations.Develapp��t ............................................................................................. within(he-Foothili Development Overlay Zone shall besublett to plla%g lotlons of Title 47 of,the Revised Ordinance*of a L WC Utah,1965'.which govern site developme� v , lrt,$a4 Lake City.Specific sections of" 47 Wfiit�t {�rt%= 1th��tr a racy to this Overlay Zoi•e are Sections 47.3:&1'C ►(b, III~Overlay Zone Special Ir�eguiatlons'7,;and147� -3, (•FoothALOdxelopment Overlay Zone.Reports"). - ar y_, Set.,S•,l.•12A-4.Height Regulations In Foothill Dbvefo�menr - Overiay'1one. , - �rt3:: was published in said newspaper on.................................. (1)The maximum height for structures as measured on any face thereof,shall be 25 feet for a structure having o flat roof, and 20 feet for a structure having any other type of roof Inclu{i• rl l 6 19 85 Ingthe following:gabled hipped,curb,mansord,gambrel;fglse_•" ...............° .°..°°,...°9 8 ........... .......................................... mansard,Or any varlalron thereof.Measurement shall be cal;, , culated as defined in Section 51-2-13.1. 2.The Board of Adlustment,as a special exception to$e€yn, Lion(1)above,may approve a permit to exceed the maximum building,helpM.To prtlnt a permit the Board must find the prQr . .. . . . ........ posed pion: t;. Legal d tising k by strict compliance and cited to the site than can be achievyllgr, (b)satisfies the kilowino criteria: (p The topography of the lot presents difficulties`to_,. construction when the foothill height llmffWlons,pr C7:;,e appl(e , {Iq The structure has been designed for the topogradh- Ic condMons exl;ting,on the particular lot•,and i. (1II)The Impact of additional height on ppelghboring properties has been Identified and reasonably milllldted: The: he burden of proof su Is upon the applicant to submit sufflciepfc.: datatopuradJe d t1, Board that thecriteriohavebeensotisfle .- 3.The Board shall be entitled to deny an application for ..4q permit for a special exception under any of,the fotlowing dlo• cumstpnces: (a)If the architectural-plans submitted are deslgned''orc structures ott level or nearly level ground,and the design 11�sn ore me this .........................�. th...................................... day of transposed to'hilisfde Tots requiring support foundations sL�tK that the structure exceeds the limits of this overlay zone. (b)if the addltlgnot height 4an be reduced by modifying:L1J the design of the s utture"such as by stepping or terracing, A.D. 19... 5 (2)the platgment f the,yhucturg ant lot. `U (c)H thb addM anal height 111 impair the views from a A) . cent lots and fhe.hhpolalnent con be avoided by modittcoftbia_ (d)If+fhe proposal is nbt in keeping witl6the character of q neighborhood. ' i. SECTION 2.This,ordinance shall take effect upon its fj D Dub)Icaflon: = Passed by"CIV Council of Solt Loke City,.Utoh,this .......................... .......................•• day'of'Maeth'"1983.` ' Notar Public . Grant Mc6�,^.. y ATTEST: ViCE CHAIRMV Kothr'Wi tfrshali "# CITY PECC^-OORDER TransMifted to the Mayor on"March 13,1985. Mavorlef,odlon:March 13098S (h' Ted Wilgli.� ATTEST: MAYRry Kathryn Marshall tAL)EGORDER = ziYt r To of 198S Published:April 6,T985 E 47 32) srZli f1 ga.