061 of 2009 - Amending certain sections of Titles 20 (Subdivisions) & 21A (Zoning) to provide additional clarity & 0 09-1
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SALT LAKE CITY ORDINANCE
No. 61 00009
(An Ordinance Amending Provisions of Titles 20 (Subdivisions)
and 21A (Zoning) of the Salt Lake City Code)
An ordinance amending certain sections of Titles 20 (Subdivisions) and 21A (Zoning) of
the Salt Lake City Code pursuant to Petition No. PLNPCM2008-00538 to provide additional
clarity and efficiency in land use regulation.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission")held a
public hearing on October 8, 2008 to consider a request made by Salt Lake City Mayor Ralph
Becker (petition no. PLNPCM2008-0538) to amend the text of Titles 20 (Subdivisions) and 21A
(Zoning) of the Salt Lake City Code to provide further clarity and efficiency in land use
regulation; and
WHEREAS, at its October 8, 2008 hearing, the Planning Commission voted in favor of
recommending to the City Council that the City Council amend the sections of Titles 20 and 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 20.20.060D. That section
20.20.060D of the Salt Lake City Code (Public Notice of Administrative Consideration), shall
be, and hereby is, amended to read as follows:
D. For any petition filed after January 1, 1995, notice shall also be posted at least
ten (10) days prior to the scheduled administrative consideration pursuant to
regulations adopted by the planning director.
SECTION 2. Amending text of Salt Lake City Code section 20.31.080B. That section
20.31.080B of the Salt Lake City Code (Administrative Hearing), shall be, and hereby is,
amended to read as follows:
B. Notice of the administrative hearing shall be mailed to all individuals and entities
identified in subsection 20.31.030D of this Chapter or its successor, and shall also be
posted on the subject property at least ten (10) days prior to the scheduled hearing.
SECTION 3. Amending text of Salt Lake City Code section 20.31.120B. That section
20.31.120B of the Salt Lake City Code (Planning Commission Hearing), shall be, and hereby is,
amended to read as follows:
B. Notice of the Planning Commission hearing shall be mailed to all individuals and
entities identified in subsection 20.31.030D of this Chapter, or its successor, and shall
also be posted on the subject property at least ten (10) days prior to the scheduled
hearing.
SECTION 4. Amending text of Salt Lake City Code section 20.31.180B. That section
20.31.180B of the Salt Lake City Code (Planning Commission Hearing), shall be, and hereby is,
amended to read as follows:
B. Notice of the Planning Commission hearing shall be mailed to all individuals and
entities identified in subsection 20.31.030D of this Chapter or its successor, and shall
also be posted on the subject property at least ten (10) days prior to the scheduled
hearing.
SECTION 5. Amending text of Salt Lake City Code section 20.31.190B. That section
20.31.190B of the Salt Lake City Code (City Council Hearing), shall be, and hereby is, amended
to read as follows:
B. A notice of public hearing before the Salt Lake City Council shall be mailed to all
individuals and entities identified in subsection 20.31.030D of this Chapter, or its
successor, shall be posted on the subject property at least ten (10) days prior to the
scheduled administrative hearing, and shall be published once a week for four(4)
consecutive weeks before the hearing in a newspaper of general circulation in the
City.
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SECTION 6. Amending text of Salt Lake City Code section 21A.24.120D. That section
21A.24.120D of the Salt Lake City Code (Maximum Building Height in RMF-30 zone districts),
shall be, and hereby is, amended to read as follows:
D. Maximum Building Height: The maximum building height permitted in this district
is thirty feet (30').
SECTION 7. Amending text of Salt Lake City Code section 21A.24.130D. That section
21A.24.130D of the Salt Lake City Code (Maximum Building Height in RMF-35 zone districts),
shall be, and hereby is, amended to read as follows:
D. Maximum Building Height: The maximum building height permitted in this District
is thirty five feet (35').
SECTION 8. Amending text of Salt Lake City Code section 21A.24.160E. That section
21 A.24.160E of the Salt Lake City Code (Maximum Building Height in RB zone districts), shall
be, and hereby is, amended to read as follows:
E. Maximum Building Height: The maximum building height permitted in this district
is thirty feet (30').
SECTION 9. Amending text of Salt Lake City Code section 21A.24.164E(1). That
section 21A.24.164E(1) of the Salt Lake City Code (Maximum Building Height in R-MU-35
zone districts), shall be, and hereby is, amended to read as follows:
E. Maximum Building Height: The maximum building height shall not exceed thirty
five feet (35'), except that nonresidential buildings and uses shall be limited by
subsections El and E2 of this section. Buildings taller than thirty five feet (35'), up to
a maximum of forty five feet (45'), may be authorized as conditional uses, subject to
the requirements of part V, chapter 21A.54, "Conditional Uses", of this title; and
provided, that the proposed conditional use is supported by the applicable master
plan.
1. Maximum Height For Nonresidential Buildings: Twenty feet (20').
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SECTION 10. Amending text of Salt Lake City Code section 21A.24.168E(1). That
section 21A.24.164E(1) of the Salt Lake City Code (Maximum Building Height in R-MU-45
zone districts), shall be, and hereby is, amended to read as follows:
E. Maximum Building Height: The maximum building height shall not exceed forty
five feet (45'), except that nonresidential buildings and uses shall be limited by
subsections El and E2 of this section. Buildings taller than forty five feet (45'), up to
a maximum of seventy five feet (75'), may be authorized as conditional uses, subject
to the requirements of part V, chapter 21A.54, "Conditional Uses", of this title; and
provided, that the proposed conditional use is supported by the applicable master
plan.
1. Maximum Height For Nonresidential Buildings: Twenty feet (20').
SECTION 11. Amending text of Salt Lake City Code section 21A.24.170F(1). That
section 21A.24.170F(1) of the Salt Lake City Code (Maximum Building Height in R-MU zone
districts), shall be, and hereby is, amended to read as follows:
E. Maximum Building Height: The maximum building height shall not exceed seventy
five feet (75'), except that nonresidential buildings and uses shall be limited by
subsections Fl and F2 of this section. Buildings taller than seventy five feet (75'), up
to a maximum of one hundred twenty five feet (125'), may be authorized as
conditional uses, subject to the requirements of part V, chapter 21A.54, "Conditional
Uses", of this title; and provided, that the proposed conditional use is located within
the one hundred twenty five foot (125') height zone of the height map of the east
downtown master plan.
1. Maximum Height For Nonresidential Buildings: Forty five feet (45').
SECTION 12. Amending text of Salt Lake City Code section 21A.24.180D. That section
21A.24.180D of the Salt Lake City Code (Maximum Building Height in RO zone districts), shall
be, and hereby is, amended to read as follows:
D. Maximum Building Height: The maximum building height permitted in this district
is sixty feet (60') except:
1. The height for single-family dwellings and two-family dwellings shall be thirty feet
(30'); and
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2. If the property abuts a zoning district with a greater maximum building height, then
the maximum height in the RO district shall be ninety feet (90').
SECTION 13. Amending text of Salt Lake City Code section 21A.24.200. That the table,
titled "Summary Table Of Yard And Bulk Requirements-Residential Districts", which is located
at section 21A.24.200 of the Salt Lake City Code, shall be, and hereby is, amended, in part, to
reflect the amendments provided in Sections 6, 7, 8 and12 hereof regarding maximum permitted
building height in the RMF-30, RMF-35, RB, and RO zoning districts such that only the
following provisions of said table are amended:
District District Name YARD AND BULK
Symbol REGULATIONS
Maximum Building Height
RMF-30 Low density multi- family residential 30'
RMF-35 Moderate density multi-family 35'
residential
RB Residential business 30'
RO Residential/ office 60'
Exceptions: See subsection
21A.24.180D of this chapter
SECTION 14. Amending text of Salt Lake City Code section 21A.26.020H. That section
21A.26.020H of the Salt Lake City Code (Maximum Building Height in CN zone districts), shall
be, and hereby is, amended to read as follows:
H. Maximum Height: Twenty five feet (25').
SECTION 15. Amending text of Salt Lake City Code section 21A.26.030H. That section
21A.26.030H of the Salt Lake City Code (Maximum Building Height in CB zone districts), shall
be, and hereby is, amended to read as follows:
H. Maximum Height: Thirty feet (30').
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SECTION 16. Amending text of Salt Lake City Code section 21A.26.040G. That section
21A.26.040G of the Salt Lake City Code (Maximum Building Height in CS zone districts), shall
be, and hereby is, amended to read as follows:
G. Maximum Height: No building shall exceed forty five feet (45').
SECTION 17. Amending text of Salt Lake City Code section 21A.26.050F. That section
21A.26.050GF of the Salt Lake City Code (Maximum Building Height in CC zone districts),
shall be, and hereby is, amended to read as follows:
F. Maximum Height: No building shall exceed thirty feet (30'). Buildings higher than
thirty feet (30') may be allowed in accordance with the provisions of subsections Fl
and F2 of this section.
1. Procedure For Modification: A modification to the height regulations in this
subsection F may be granted as a conditional use in conformance with the
provisions of chapter 21A.54 of this title. In evaluating an application submitted
pursuant to this section, the planning commission shall find that the increased
height will result in improved site layout and amenities.
2. Landscaping: If an additional floor is approved, increased landscaping shall be
provided over and above that which is normally required for landscape yards,
landscape buffer yards, and parking lot perimeter and interior landscaping. The
amount of increased landscaping shall be equal to ten percent (10%) of the area of
the additional floor.
3. Maximum Additional Height: Additional height shall be limited to fifteen
feet (15').
SECTION 18. Amending text of Salt Lake City Code section 21A.26.070F. That section
21A.26.070GF of the Salt Lake City Code (Maximum Building Height in CG zone districts),
shall be, and hereby is, amended to read as follows:
F. Maximum Height: No building shall exceed sixty feet (60'). Buildings higher than
sixty feet (60') may be allowed in accordance with the provision of subsections Fl
and F2 of this section.
1. Procedure For Modification: A modification to the height regulations in this
subsection F may be granted as a conditional use in conformance with the
provisions of chapter 21A.54 of this title. In evaluating an application submitted
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pursuant to this section, the planning commission shall find that the increased
height will result in improved site layout and amenities.
2. Landscaping: If additional floors are approved, increased landscaping shall be
provided over and above that which is normally required for landscape yards,
landscape buffer yards, and parking lot perimeter and interior landscaping. The
amount of increased landscaping shall be equal to ten percent (10%) of the area of
the additional floors.
3. Maximum Additional Height: Additional height shall be limited to thirty feet
(30').
SECTION 19. Amending text of Salt Lake City Code section 21A.26.090. That the table,
titled"Summary Table Of Yard And Bulk Requirements-Commercial Districts", which is
located at section 21A.26.090 of the Salt Lake City Code, shall be, and hereby is, amended, in
part, to reflect the amendments provided in Sections 14 through 18 hereof regarding maximum
permitted building height in the CN, CB, CS, CC, and CG zoning districts such that only the
following provisions of said table are amended:
Disrtit District Name YARD AND BULK REGULATIONS
District
Symbol
Maximum Building Height
CB Community business 30'
CC Corridor commercial 30'; conditional use: maximum 45'
CG General commercial 60'; conditional use: maximum 90'
CN Neighborhood commercial 25'
CS Community shopping 45'
SECTION 20. Amending text of Salt Lake City Code section 21A.32.030D. That section
21A.32.030D of the Salt Lake City Code (Maximum Building Height in BP zone districts), shall
be, and hereby is, amended to read as follows:
D. Maximum Building Height: No building shall exceed sixty feet (60') in height.
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SECTION 21. Amending text of Salt Lake City Code section 21A.32.050D. That section
21A.32.050D of the Salt Lake City Code (Maximum Building Height in AG zone districts), shall
be, and hereby is, amended to read as follows:
D. Maximum Building Height:
1. Single-Family Dwellings: Thirty feet (30').
2. Small Group Homes: Thirty feet (30').
3. Agricultural Uses: Forty five feet (45').
4. Conditional Uses: Forty five feet (45').
SECTION 22. Amending text of Salt Lake City Code section 21A.32.052D. That section
21A.32.052D of the Salt Lake City Code (Maximum Building Height in AG-2 zone districts),
shall be, and hereby is, amended to read as follows:
D. Maximum Building Height:
1. Single-Family Dwellings: Thirty feet (30').
2. Small Group Homes: Thirty feet (30').
3. Agricultural Uses: Forty five feet (45').
4. Conditional Uses: Forty five feet (45').
SECTION 23. Amending text of Salt Lake City Code section 21A.32.054D. That section
21A.32.052D of the Salt Lake City Code (Maximum Building Height in AG-5 zone districts),
shall be, and hereby is, amended to read as follows:
D. Maximum Building Height:
1. Single-Family Dwellings: Thirty feet (30').
2. Small Group Homes: Thirty feet (30').
3. Agricultural Uses: Forty five feet (45').
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4. Conditional Uses: Forty five feet (45').
SECTION 24. Amending text of Salt Lake City Code section 21A.32.110E. That section
21A.32.110E of the Salt Lake City Code (Maximum Building Height in MH zone districts), shall
be, and hereby is, amended to read as follows:
E. Maximum Building Height: No dwelling unit shall exceed fifteen feet (15') in
height. On site recreation buildings and clubhouses shall not exceed thirty feet (30').
SECTION 25. Amending text of Salt Lake City Code section 21A.32.150. That the table,
titled "Summary Table Of Yard And Bulk Requirements-Special Purpose Districts", which is
located at section 21A.32.150 of the Salt Lake City Code, shall be, and hereby is, amended, in
part, to reflect the amendments provided in Sections 20 through 24 hereof regarding maximum
permitted building height in the BP, AG, AG-2, AG-5 and MH zoning districts such that only the
following provisions of said table are amended:
District Name YARD AND BULK REGULATIONS
Maximum Building Height
BP Business park 60'
AG Agricultural Residential: 30'
Agricultural: 45'
Conditional: 45'
AG-2 Residential: 30'
Agricultural: 45'
Conditional: 45'
AG-5 Residential: 30'
Agricultural: 45'
Conditional: 45'
MH 30' (clubhouse)
Mobile home park 15' dwelling units
SECTION 26. Amending text of Salt Lake City Code section 21A.34.030G. That section
21A.34.030G of the Salt Lake City Code (Maximum Building Height in T Transitional Overlay
zone districts), shall be, and hereby is, amended to read as follows:
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G. Maximum Building Height. The maximum building height for conditional uses shall
be thirty-five feet.
SECTION 27. Amending text of Salt Lake City Code section 21A.34.090B. That section
21A.34.090B of the Salt Lake City Code (Maximum Building Height in SSSC Overlay zone
districts), shall be, and hereby is, amended to read as follows:
B. Maximum Building Height Exemption: Buildings located within the BP business
park base zoning district within the SSSC South State Street corridor overlay district
may exceed the height of the base zoning district to a height not to exceed ninety feet
(90').
SECTION 28. Amending text of Salt Lake City Code section 21A.52.100E(2). That
section 21A.52.100E(2) of the Salt Lake City Code (Specific Conditions For Certain Special
Exceptions), shall be, and hereby is, amended to read as follows:
2. Required Findings: The Board of Adjustment may authorize a special
exception legalizing the excess number of dwelling units applied for upon
making findings that support the following conclusions:
a. Required Findings For Excess Dwelling Units Constructed Without A
Permit Before 1970:
i. The excess dwelling units were constructed before 1970 and have been
continuously used as dwelling units; and
ii. The building services and licensing division has certified:
(A) That the building and units substantially comply with life and
safety codes or will be brought into substantial compliance
pursuant to building permits which have been applied and paid for,
and
(B) That off-street parking has been hard surfaced and, further, to the
extent space is available on the property, the 1970 parking
standards have been complied with. An alternative parking
requirement, as outlined in Section 21A.44.030 of this Title, shall
be provided prior to the approval of any unit legalization
application if the applicant cannot satisfy the parking that was
required at the time the excess units were created, and
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(C) That all nondimensional zoning violations have been corrected;
iii. The owner has applied for an apartment license if the building contains
three (3) or more dwelling units.
b. Required Findings For Excess Dwelling Units Constructed Without A
Permit After 1969 And Before January 1, 1980 For Units Not
Constructed By The Owner Or An Immediate Family Relative Of
Owner Or A Corporation Or Partnership With Similar Ownership
And/Or Control:
i. The number of units of excess dwelling units of the building would have
been allowed by the zoning classification existing at the time of
construction and the units have been continuously so used;
ii. The owner did not construct the excess dwelling units or is not an
immediate family relative or, in the case of a corporation or
partnership, similarly owned and/or controlled by the party creating
the excess dwelling units; and
iii. The building services and licensing division has certified:
(A) That the building and units substantially comply with life and
safety codes or will be brought into compliance pursuant to
building permits issued and paid for by applicant,
(B) That off-street parking has been hard surfaced and that, to the
extent space is available, the parking standard applicable at the
time of construction of the excess dwelling units has been
complied with. An alternative parking requirement, as outlined in
Section 21A.44.030 of this Title, shall be provided prior to the
approval of any unit legalization application if the applicant cannot
satisfy the parking that was required at the time the excess units
were created, and
(C) That all nondimensional zoning violations have been corrected;
iv. The owner has applied for an apartment license if the building contains
three (3) or more dwelling units;
v. For legalizations permitted pursuant to this subsection any further
Existing Residential Housing Code deficiencies affecting the building
or units, as determined by the date such excess dwelling units were
constructed, will be recorded with the County Recorder as a certificate
of nonconformance. After any sale or other transfer of the property the
certificate of nonconformance shall no longer be effective and the City
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may enforce any Existing Residential Housing Code violations,
including those referenced in the certificate of nonconformance.
c. Required Findings For Excess Dwelling Units Constructed Without A
Permit After 1969 And Before January 1, 1980 For Units Constructed
By The Owner Or An Immediate Family Relative Of Owner Or A
Corporation or Partnership With Similar Ownership And/Or
Control:
i. The number of excess dwelling units of the building would have been
allowed by the zoning classification existing at the time of
construction and the units have been continuously so used; and
ii. The building services and licensing division has certified:
(A) That the building and units substantially comply with life and
safety codes or will be brought into compliance pursuant to
building permits issued and paid for by applicant,
(B) That off-street parking has been hard surfaced and that, to the
extent space is available, the parking standard applicable at the
time of construction of the excess dwelling units has been
complied with. An alternative parking requirement, as outlined in
Section 21A.44.030 of this Title, shall be provided prior to the
approval of any unit legalization application if the applicant cannot
satisfy the parking that was required at the time the excess units
were created, and
(C) That all nondimensional zoning violations have been corrected;
iii. The owner has applied for an apartment license if the building contains
three (3) or more dwelling units;
iv. For legalizations permitted pursuant to this subsection E2c, a certificate
of nonconformance shall be recorded with the County Recorder for
any further Existing Residential Housing Code deficiencies affecting
the building or units, as determined by the date such excess dwelling
units were constructed, and any further parking or zoning deficiencies.
After any sale or other transfer of the property the certificate of
nonconformance shall no longer be effective and the City may enforce
any housing, zoning or parking violations, including those referenced
in the certificate of nonconformance.
d. Required Findings For Excess Dwelling Units With Implied Permit:
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i. The units were constructed and continuously operated before April 12,
1995, with an implied permit; and
ii. The building services and licensing division has certified:
(A) Substantial compliance with life and safety codes,
(B) That all nondimensional zoning violations have been corrected,
and
(C) That off-street parking has been hard surfaced and that, to the
extent space is available on the property, the parking standards
applicable on the date of the implied permit have been complied
with. An alternative parking requirement, as outlined in Section
21A.44.030 of this Title, shall be provided prior to the approval of
any unit legalization application if the applicant cannot satisfy the
parking that was required at the time the excess units were created.
SECTION 29. Amending text of Salt Lake City Code section 21A.24.164C. That the
"Qualifying Provisions"portion of section 21A.24.164C of the Salt Lake City Code (Minimum
Lot Area and Lot Width in RMU-35 zone districts), shall be, and hereby is, amended, in part,
read as follows:
Qualifying Provisions 1. A modification to the density regulations in subsection
21A.24.164.0
SECTION 30. Amending text of Salt Lake City Code section 21A.24.168C. That the
"Qualifying Provisions"portion of section 21A.24.168C of the Salt Lake City Code (Minimum
Lot Area and Lot Width in RMU-45 zone districts), shall be, and hereby is, amended, in part,
read as follows:
Qualifying Provisions 1. A modification to the density regulations in subsection
21.A24.168.0
SECTION 31. Amending text of Salt Lake City Code section 21A.36.010B(1). That
section 21A.36.010B(1) of the Salt Lake City Code (One Principal Building per Lot), shall be,
and hereby is, amended to read as follows:
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B. One Principal Building Per Lot: Not more than one principal building shall be
located on any lot, except that:
1. Lots in the SR-3, RMF-35, RMF-45, RMF-75, R-MU-35, R-MU-45, R-MU,
RO, CB, CS, CC, CSHBD, CG, RP, BP, MU,M-1, M-2, A, I and UI districts
may have more than one principal building on a lot, subject to all of the
principal nonresidential buildings being occupied by one use, or all principal
residential and nonresidential buildings having frontage on a public street and
subject to site plan review approval, pursuant to part V, chapter 21A.58 of this
title; and
SECTION 32. 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 20th day of October
2009.
( L\(L _
CHAIRPER
ATTEST AND COUNTERSIGN:
Y CO ER X- �,
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10-21-09
',,ram'�' `ASS'' Vim/
Transmitted to Mayor on PORAT/----
Mayor's Action: x Approved. Vetoed.
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MAYO'
CITY RE RDE
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,tL) T1.,.\ APPROVED AS TO FORM
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Bill No. 61 of: 2009
Published: 10-31-09
HB_ATTY-#6056-v2-Ordinance__Titles 20 & 2IA_Maintenance_(2008)
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