030 of 2012 - Title 21A; allowing adaptive reuses of landmark building R 12-1
P 12-10
SALT LAKE CITY ORDINANCE
No. 30 of 2012
(An ordinance amending certain sections of Title 21A of the
Salt Lake City Code concerning adaptive reuses of landmark buildings)
An ordinance amending certain sections of Title 21A of the Salt Lake City Code pursuant
to Petition No. PLNPCM20 1 1-00624 to allow adaptive reuses of landmark buildings.
WHEREAS, the Salt Lake City Planning Commission ("planning commission") held a
public hearing on February 22, 2012 to consider a request made by Salt Lake City Choral Artists
(petition no. PLNPCM20 1 1-00624) to amend various sections of Title 21A (Zoning) of the Salt
Lake City Code to allow adaptive reuses of landmark buildings; and
WHEREAS, at its February, 2012 hearing, the planning commission voted to transmit a
positive recommendation to the Salt Lake City Council ("city council") on said application; 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.24.010.T. That section
21 A.24.010.T of the Salt Lake City Code (Zoning: Residential Districts: General Provisions),
shall be, and hereby is, amended to read as follows:
T. Adaptive Reuse of a Landmark Building in Residential Districts:
1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a
residential district is to preserve landmark sites as defined in subsection
21A.34.020.B.4 of this title. In some instances these sites have outlived their
original use due to economic conditions, size of the building, and/or a substantial
degree of deterioration of the historic property. Such sites, however, still
contribute to the welfare, property and education of the people of Salt Lake City
because of their historic, architectural or cultural significance. The Planning
Commission shall consider the allowance of a nonresidential use of a landmark
site in a residential district according to the qualifying provisions outlined in
subsection T.2.a of this section and pursuant to chapter 21 A.54 of this title, in
order to ensure that the residential character of the surrounding environment is
preserved.
2. Conditional Use Required: Where authorized by this title as shown in section
21A.24.190, "Table of Permitted and Conditional Uses for Residential Districts",
of this chapter, landmark sites in any residential district may be used for certain
nonresidential uses.
a. Qualifying Provisions: In order to qualify for conditional use review by the
planning commission under section 21A.54.080, "Standards for Conditional
Uses", of this title, the applicant must demonstrate compliance with the
following:
(1) The building is designated as a landmark site on the Salt Lake City
register of cultural resources. The designation process must be completed
prior to the city accepting a conditional use application for the structure
unless the planning director determines that it is in the best interest of the
city to process the designation and conditional use applications together;
(2) The landmark building shall have a minimum of 7,000 square feet of floor
area, excluding accessory buildings.
(3) The new use will require minimal change as these features are important
in defining the overall historic character of the building and environment.
(4) The use is conducive to the preservation of the landmark site;
(5) Significant archaeological resources affected by the project shall be
protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(6) The use is compatible with the surrounding residential neighborhood;
(7) Distinctive features, finishes, and construction techniques or examples of
craftsmanship that characterize the property shall be preserved.
(8) The use does not result in the removal of residential characteristics of the
structure or site including mature landscaping;
(9) The change in use from residential to nonresidential is necessary due to
the excessive size of the landmark site for residential uses allowed in the
residential district, and or demonstration that the building cannot
reasonably be used for its original intended use.
(10) The proposed use will not have a material net cumulative adverse
impact on the neighborhood or the city as a whole by considering the
following:
(A)The spatial distribution of:
(i) Business licenses issued for properties located within three
hundred feet (300') of any property line and the block frontage on
both sides of the street between 100 series addresses; and
(ii) Previously approved conditional uses for nonresidential uses in
landmark sites within the same planning community, as shown on
a map of planning communities maintained by the zoning
administrator.
(B)Impacts on neighboring properties including, but not limited to:
(i) Traffic;
(ii) Parking;
(iii)Signs;
(iv)Lighting;
(v) Removal of landscaping; and
(vi)For the purposes of evaluating subsections T.2.a(10)(B)(i) through
T.2.a(10)(B)(v) of this section, professionally prepared impact
studies shall not be required unless specifically requested by the
zoning administrator;
(vii) Noise, fumes or odors;
b. Credit for on Street Parking: Some or all of the off street parking spaces
required in section 21A.44.060 of this title may be met by the provision of on
street spaces. Such credit shall require the site plan review approval. Requests
for on street parking shall meet the following requirements:
i. All on street parking facilities shall be designed in conformance with the
standards established by the city transportation engineer;
ii. Prior to approving any requests for on street parking, the development
review team shall determine that the proposed on street parking will not
materially adversely impact traffic movements and related public street
functions; and
iii. Credit for on street parking shall be limited to the number of spaces
provided along the street frontage adjacent to the use.
SECTION 2. Amending text of Salt Lake City Code section 21A.62.040. That section
21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be, and
hereby is, amended to insert the definition of-ADAPTIVE REUSE OF A LANDMARK
BUILDING" in alphabetical order into that section. The codifier is instructed to only add said
definition and leave the remainder of section 21A.62.040 undisturbed. The definition of
"ADAPTIVE REUSE OF A LANDMARK BUILDING" shall read as follows:
ADAPTIVE REUSE OF A LANDMARK BUILDING: refers to the process of reusing
a building for a purpose other than which it was built or designed for. This tool is
designed for the preservation of landmark buildings in residential areas whose original
use is no longer feasible due to size. Churches, schools, or large single family homes are
typically candidates for this process.
SECTION 3. Amending text of Salt Lake City Code section 21A.24.190. That section
21A.24.190 of the Salt Lake City Code (Zoning: Residential Districts: Table of Permitted and
Conditional Uses for Residential Districts), shall be, and hereby is, amended in part to add
"Adaptive Reuse of a Landmark Building" as a recognized subcategory in that table under the
"Miscellaneous" category of uses, to add the appropriate designation of such use in each of the
residential zoning districts as conditional or permitted, and to add qualifying provision number 9
as those amendments are shown on Exhibit "A" hereto. The codifier is instructed to only add the
new text identified herein to section 21A.24.190 and leave the remainder of that table
undisturbed as part of this amendment.
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, Utah, this 5th day of June ,
2012.
HAIRPER N
ATTEST AND COUNTERSIGN:
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Transmitted to Mayor on 6-7-2012 •
Mayor's Action: X Approved. Vetoed.
MAY R
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4,e4b.,.p,ICE k PPROVED AS TO FORM
ir,,,c1,7.:,,..;."./..!4•4 Salt Lake ity Attorney's Office
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Bill No. 30 of 2012. --2,- ,44. 1-...r.;,
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Published: (E, -lep WIZ % ,,,-,1,1,4d.0,A • ---,sr,
Pat. C.Nielson, 7 or City Attorney
11B_ATTY-1122892-v3-Ordinance_adaptive_reuse.DOC *0*
21A.24.190: TABLE OF PERMITTED AND CONDITIONAL USES FOR RESIDENTIAL DISTRICTS:
Legend: C = Conditional P = Permitted
Permitted And Conditional Uses, By District Residential Districts
F R-
1/ FR-2/ R- R- R-
43,5 21,78 FR-3/ R-1/ R-1/ R-1/ SR- SR- SR- R- RMF- RMF- RMF- RMF- RB MU- MU- MU RO
Use 60 0 12,000 12,000 7,000 5,000 1 2 3 2 30 35 45 75 35 45
9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9
Adaptive Reuse C C C C C C C C C C C C C C C C C C C9
of a Landmark
Building
Qualifying provisions:
1. A single apartment unit may be located above first floor retail/office.
2. Provided that no more than 2 two-family buildings are located adjacent to one another and no more than 3 such dwellings are
located along the same block face (within subdivisions approved after April 12, 1995).
3. Subject to conformance with the provisions of subsection 21A.24.170E of this chapter.
4. Construction for a nonresidential use shall be subject to all provisions of subsections 21A.24.1601 and J of this chapter.
5. See subsection 21A.02.050B of this title for utility regulations.
6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building's footprint. Building
additions greater than 50 percent of the building's footprint or new office building construction are subject to the conditional use
process.
7. Subject to conformance to the provisions in section 21A.02.050 of this title.
8. A conditional use permit for a class B or C private club or association shall be subject to the following qualifying provisions. For the
purpose of these provisions a class B or C private club or association shall have the meaning set forth in title 5, chapter 5.50 of this
code, as amended.
a. In approving a conditional use permit for a class B or C private club or association the planning commission shall:
1. Require that a security and operations plan be prepared and filed with the city which shall include:
a. complaint-response community relations program;
b. Having a representative of the private club or association meet with neighbors upon request to
attempt to resolve any neighborhood complaints regarding the operations on the premises;
c. Design and construction requirements to ensure that any sound level originating within the premises,
measured within 15 feet from an exterior wall or door thereof, does not exceed the maximum
permissible sound level set forth for residential use districts in section 9.28.060 of this code;
d. Allowing live entertainment only within an enclosed building subject to the foregoing sound limit;
e. Prohibiting electronically amplified sound in any exterior portion of the premises;
f. Designating a location for smoking tobacco outdoors in conformance with state law;
g. Having trash strewn on the premises, including any smoking and parking lot areas, be collected and
deposited in a trash receptacle by 6:00 A.M. the following day; and
h. Having portable trash receptacles on the premises emptied daily and automated receptacles
emptied at least weekly. Automated receptacles shall be located only within a city approved trash
storage area;
2. Review the site plan and floor plan proposed for the premises, and as result of such review may require
design features intended to reduce alcohol related problems such as consumption by minors, driving under
the influence, and public drunkenness;
3. Require buffering where a private club or association abuts a residential building or area, including
landscaping or walls along any property line or within any required yard area on the lot where the premises
are located;
4. Require that landscaping be located, and be of a type, that cannot be used as a hiding place; and
5. Require that the exterior of the premises be maintained free of graffiti at all times, including the main
building, any accessory building or structure, and all signs.
b. If necessary to meet the standards for approval of a conditional use permit set forth in section 21A.54.080 of this
title, the following conditions may be imposed:
1. Require parking area lighting to produce a minimum foot-candle that provides safe lighting for pedestrians but does
not intrude on residents' enjoyment of their homes; and
2. Consider the proposed location of an outdoor smoking area in the security and operations plan and the potential
effect on neighboring residences, businesses and buildings and designating a new area if the area designated in the
security and operations plan appears to adversely affect neighboring residences, businesses and buildings.
9. Subject to conformance with the provisions of subsection 21A.24.010 T of this title.