062 of 2009 - Amending certain sections of Title 21A (Zoning) to provide additional clarity & efficiency in land u •
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SALT LAKE CITY ORDINANCE
No. 67 of 2009
(An Ordinance Amending Certain 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. PLNPCM2008-00640 to provide additional clarity and efficiency in land
use regulation.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on November 12, 2008 to consider a request made by Salt Lake City Mayor Ralph
Becker(petition no. PLNPCM2008-00640) to amend the text of Title 21A (Zoning) of the Salt
Lake City Code to provide further clarity and efficiency in land use regulation; and
WHEREAS, at its November 12, 2008 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 21 A.46.110.A.3.a. That the
table, titled "STANDARDS FOR THE D-1 AND D-4 DISTRICTS", which is located at section
21A.46.110.A.3.a(Sign Type, Size And Height Standards For The D-1 And D-4 Districts) 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:
STANDARDS FOR THE D-1 AND D-4 DISTRICTS
Types Of Signs Permitted Minimum Setback2
Projecting building sign May extend 6 ft. from face of building but not within 2 ft. of
the back of curb°
Projecting business May extend 4 ft. from face of building but not within 2 ft. of
storefront sign the back of curb6
Projecting parking entry sign May extend 4 ft. from face of building but not within 2 ft. of
the back of curb6
SECTION 2. Amending text of Salt Lake City Code section 21A.46.070.Q.2. That
section 21A.46.070.Q.2 of the Salt Lake City Code (Temporary Signs - Display Period And
Removal), shall be, and hereby is amended, in part, such that only the following provision of said
subsection related to garage and yard sale signs is amended:
Sign Typel Display Period Removal Required Three Days After
Garage/yard sale sign 2 sales per year(7 days End of sale
maximum per sale)
SECTION 3. Amending text of Salt Lake City Code section 21A.52.090.A. That section
21A.52.090.A of the Salt Lake City Code (General Conditions To Be Applied To All Special
Exceptions), shall be, and hereby is, amended to read as follows:
A. Special Exceptions: Subject to an extension of time granted upon application to the
zoning administrator, no special exception shall be valid for a period longer than
twelve (12) months unless a building permit is issued within that period and
construction is diligently pursued to completion. Prior to the completion of the twelve
(12) months, the applicant may request and the zoning administrator may approve a
twelve (12) month extension.
SECTION 4. Amending portions of text of Salt Lake City Code sections 21A.32, 21A.34
and 21A.62. That sections 21A.32 (Special Purpose Districts), 21A.34 (Overlay Districts) and
21 A.62 (Definitions) of the Salt Lake City Code shall be, and hereby are, amended to eliminate
all references to Floor Area Ratio (FAR) from Title 21A, and such pertinent sections shall be
amended as follows:
A. Amending text of Salt Lake City Code section 21A.32.150. That the table, titled
"Table Of Yard And Bulk Requirements-Special Purpose Districts", which is located at
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section 21A.32.150 of the Salt Lake City Code, shall be, and hereby is, amended, in part, to omit
all references to Floor Area Ratio therein.
B. Amending text of Salt Lake City Code section 21A.34.090. That section
21A.34.090 of the Salt Lake City Code (South State Street Corridor Overlay District), shall be,
and hereby is, amended to read as follows:
21A.34.090 SSSC South State Street Corridor Overlay District:
A. Purpose: The purpose of the SSSC South State Street corridor overlay district is
to acknowledge and reinforce the historical land development patterns along
South State Street between 900 South and 2100 South.
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 six (6) stories or ninety feet (90'), whichever is less.
C. Minimum Yard Requirement Exemption:
D. District Location: The South State Street corridor overlay district is the area
generally aligned with the State/Main Street corridor from 900 South to 2100
South, within the following approximate boundaries referenced on the zoning
map:
E. Entrance And Visual Access:
F. Parking Lot/Structure Lighting: If a parking lot/structure is adjacent to a
residential zoning district or land use, the poles for the parking lot/structure
security lighting are limited to sixteen feet (16') in height and the globe must be
shielded to minimize light encroachment onto adjacent residential properties.
Lightproof fencing is required adjacent to residential properties.
C. Amending text of Salt Lake City Code section 21A.62.040. That section
21A.62.040 of the Salt Lake City Code (Definitions), shall be, and hereby is, amended to omit
the definition of"floor area ratio" from that section.
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SECTION 5. Amending text of Salt Lake City Code section 21A.24.120.E. That section
21A.24.120.E of the Salt Lake City Code (Minimum Yard Requirements - Low Density Multi-
Family Residential Districts), shall be, and hereby is, amended to read as follows:
21A.24.120 RMF-30 Low Density Multi-Family Residential District:
E. Minimum Yard Requirements:
1. Front Yard: Twenty feet (20').
2. Corner Side Yard: Ten feet (10').
3. Interior Side Yard:
a. Single-Family Detached And Two-Family Dwellings:
i. Interior Lots: Four feet (4') on one side and ten feet (10') on the other.
ii. Corner Lots: Four feet (4').
b. Single-Family Attached: No yard is required, however if one is provided it
shall not be less than four feet (4').
c. Twin Home Dwelling: No yard is required along one side lot line. A ten foot
(10') yard is required on the other.
d. Multi-Family Dwelling: Ten feet (10') on each side.
e. All Other Permitted And Conditional Uses: Ten feet (10') on each side.
4. Rear Yard: Twenty five percent (25%) of the lot depth, but not less than
twenty feet (20') and need not exceed twenty five feet (25').
SECTION 6. Amending text of Salt Lake City Code section 21A.24.130.E. That section
21 A.24.130.E of the Salt Lake City Code (Minimum Yard Requirements - Moderate Density
Multi-Family Residential Districts), shall be, and hereby is, amended to read as follows:
21A.24.130 RMF-35 Moderate Density Multi-Family Residential District:
E. Minimum Yard Requirements:
1. Front Yard: Twenty feet (20').
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2. Corner Side Yard: Ten feet (10').
3. Interior Side Yard:
a. Single-Family Detached And Two-Family Dwellings:
i. Interior Lots: Four feet (4') on one side and ten feet (10') on the other.
ii. Corner Lots: Four feet (4').
b. Single-Family Attached: No yard is required, however, if one is provided it
shall not be less than four feet (4').
c. Twin Home Dwelling: No yard is required along one side lot line while a
ten foot (10') yard is required on the other.
d. Multi-Family Dwellings:
i. Interior Lots: Side yard shall be at least ten feet (10').
e. All Other Permitted And Conditional Uses: Ten feet (10') on each side.
4. Rear Yard: Twenty five percent (25%) of the lot depth, but not less than
twenty feet (20') and need not exceed twenty five feet (25').
SECTION 7. Amending text of Salt Lake City Code section 21A.24.140.E. That section
21A.24.140.E of the Salt Lake City Code(Minimum Yard Requirements - Moderate/High
Density Multi-Family Residential Districts), shall be, and hereby is, amended to read as follows:
21A.24.140 RMF-45 Moderate/High Density Multi-Family Residential District:
E. Minimum Yard Requirements:
1. Front Yard: Twenty percent (20%) of lot depth, but need not exceed twenty
five feet (25'). For buildings legally existing on April 12, 1995, the required front
yard shall be no greater than the existing yard.
2. Corner Side Yard:
a. Single-Family Attached Dwellings: Ten feet (10').
b. Multi-Family Dwellings: Twenty feet (20').
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c. All Other Permitted And Conditional Uses: Twenty feet (20').
3. Interior Side Yard:
a. Single-Family Attached Dwelling: No yard is required, however if one is
provided it shall not be less than four feet (4').
b. Multi-Family Dwellings: The minimum yard shall be eight feet (8');
provided, that no principal building is erected within ten feet (10') of a building
on an adjacent lot.
e. All Other Permitted And Conditional Uses: Ten feet (10') on each side.
4. Rear Yard: The rear yard shall be twenty five percent (25%) of the lot
depth, but need not exceed thirty feet (30').
SECTION 8. Amending text of Salt Lake City Code section 21A.24.120.G. That section
21A.24.120.G of the Salt Lake City Code (Maximum Building Coverage - Low Density Multi-
Family Residential Districts), shall be, and hereby is, amended to read as follows:
21A.24.120 RMF-30 Low Density Multi-Family Residential District:
G. Maximum Building Coverage:
1. Single-Family Detached: The surface coverage of all principal and accessory
buildings shall not exceed forty five percent (45%) of the lot area.
2. Single-Family Attached Dwellings: The surface coverage of all principal and
accessory buildings shall not exceed fifty percent (50%) of the lot area.
3. Two-Family And Twin Home Dwellings: The surface coverage of all
principal and accessory buildings shall not exceed fifty percent (50%) of the lot
area.
4. Multi-Family Dwellings: The surface coverage of all principal and accessory
buildings shall not exceed forty percent (40%) of the lot area.
5. Existing Dwellings: For dwellings existing on April 12, 1995, the coverage of
such existing buildings shall be considered legally conforming.
6. Nonresidential Land Uses: The surface coverage of all principal and
accessory buildings shall not exceed fifty percent (50%) of the lot area.
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SECTION 9. Amending text of Salt Lake City Code section 21A.24.130.G. That section
21A.24.130.G of the Salt Lake City Code (Maximum Building Coverage - Moderate Density
Multi-Family Residential Districts), shall be, and hereby is, amended to read as follows:
21A.24.130 RMF-35 Moderate Density Multi-Family Residential District:
G. Maximum Building Coverage:
1. Single-Family Detached: The surface coverage of all principal and accessory buildings
shall not exceed forty five percent (45%) of the lot area.
2. Single-Family Attached Dwellings: The surface coverage of all principal and accessory
buildings shall not exceed sixty percent (60%) of the lot area.
3. Two-Family And Twin Home Dwellings: The surface coverage of all principal and
accessory buildings shall not exceed fifty percent (50%) of the lot area.
4. Multi-Family Dwellings: The surface coverage of all principal and accessory buildings
shall not exceed sixty percent (60%) of the lot area.
5. Existing Dwellings: For dwellings existing on April 12, 1995, the coverage of such
existing buildings shall be considered legally conforming.
6. Nonresidential Land Uses: The surface coverage of all principal and accessory buildings
shall not exceed sixty percent (60%) of the lot area.
SECTION 10. Amending text of Salt Lake City Code section 21 A.08. That section
21A.08 of the Salt Lake City Code (Zoning Certificate), shall be, and hereby is, amended to read
as follows:
Chapter 21A.08 ZONING CERTIFICATE
21A.08.010 Purpose Statement:
The zoning certificate serves two (2) general purposes. First, it provides a means
to document the review of plans for conformance with this Title. Second, because
the certificate must be filed along with all other applications submitted in
connection with a specific development proposal, it provides an ongoing record of
actions taken with respect to the authorized use of a particular parcel or site.
Because the certificate serves as a vehicle for routine plan review by the Zoning
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Administrator prior to special reviews by other decision-making bodies, it avoids
needless special reviews of incomplete plans.
21A.08.020 Authority To Issue Zoning Certificate:
The Zoning Administrator shall have authority to issue zoning certificates, but
only in accordance with the provisions of this Chapter.
21A.08.030 Zoning Certificate Requirement:
Except as otherwise expressly required herein upon April 12, 1995, a zoning
certificate shall be required for the following:
A. Building Permit: Any new principal building development activity requiring a
building permit.
B. Change Of Land Use Type: Any change of land use type.
C. Increased Parking Or Landscaping Requirements: Any modification to a
property or development that requires an increase in parking or landscaping
requirements.
21A.08.040 Application For Zoning Certificate:
Application for a zoning certificate may be made only by the owner of the
property or building or the property owner's authorized agent for which the
zoning certificate is sought. The application shall be made to the Zoning
Administrator on a form or forms provided by the office of the Zoning
Administrator. A record of all zoning certificates issued shall be kept on file in the
office of the Zoning Administrator.
A. Application Requirements For Building Permits Or Change In Land Use
Type: Each application for a zoning certificate for any new principal building
permit, an increased parking requirement, an increased landscaping
requirement or change of land use type shall be accompanied by the
following:
1. A statement describing:
a. The type of structure containing the use, if any,
b. The exact nature of the most recent use of such structure or lot,
c. The exact nature of the proposed use of the structure or lot, and
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d. The number of off-street parking and loading spaces currently provided
on the zoning lot;
2. A site plan, drawn to scale and fully dimensioned, including:
a. The topography, actual shape and dimensions of the lots to be built upon
or used,
b. The exact size and location on the lot of the existing and proposed
buildings, structures, and accessory buildings,
c. The existing and intended use of each building or part of a building,
d. The number of dwelling units the building is designed to accommodate,
e. The number and location of off-street parking stalls to be provided,
f. The location and design of loading docks and facilities, and
g. Such other information with regard to the lot and neighboring lots as may
be necessary for the enforcement of this Title.
SECTION 11. Amending text of Salt Lake City Code section 21A.40.030. That section
21A.40.030 of the Salt Lake City Code (Zoning Compliance Required), shall be, and hereby is,
amended to read as follows:
21A.40.030 Zoning Compliance Required:
No new principal building or structure shall be established or constructed
unless a zoning certificate has been issued.
SECTION 12. Amending text of Salt Lake City Code section 21A.42.050.A. That section
21A.42.050.A of the Salt Lake City Code (Process for Constitutionally Protected Temporary
Uses), shall be, and hereby is, amended to read as follows:
21A.42.050 Process For Constitutionally Protected Temporary Uses:
A. Notification To City: If an applicant for a building permit for a temporary use
claims that the activity is protected by the first amendment to the constitution of
the United States or article I, section 15 of the constitution of Utah, and that the
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process specified in this chapter for considering the temporary use is
insufficiently expeditious or unreasonably burdensome, the applicant shall notify
the zoning administrator of the timetable which the applicant claims is necessary
to process the application and any burdens which the applicant claims to be
unreasonable.
SECTION 13. Amending text of Salt Lake City Code section 21A.42.060. That section
21A.42.060 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
21A.42.060 Temporary Use Permit Required-Special Standards For Issuance
And Revocation:
A temporary use permit is required for temporary uses, in accordance with the
following standards set forth below:
A. Application: An application shall be submitted to the zoning administrator.
Every application for a temporary use shall include a site plan, traffic plan,
including the date, time, location and anticipated attendance of a temporary
event or use, anticipated access routes, ingress and egress for emergency
vehicles, and available parking in the vicinity, and the application shall be
submitted to the zoning administrator at least thirty(30) calendar days before
the scheduled date that the temporary event or use is to take place unless the
zoning administrator approves a shorter application deadline.
B. Fees: The application for a temporary use shall be accompanied by a fee
established on the fee schedule.
C. Approval: A temporary use permit for a temporary use may be issued by the
zoning administrator; provided, that the applicant meets all applicable
requirements of this chapter and any other requirements deemed necessary by
the zoning administrator to ensure that the temporary use will not have a
detrimental impact upon other properties.
D. Basis For Permit Denial: A temporary use permit_shall be denied if the zoning
administrator determines that the public health, safety or welfare would be
impaired, or if the applicant has not adequately addressed traffic and parking
issues associated with the proposed use.
E. Conditional Permit: A temporary use permit for a temporary use may be
conditioned upon such special requirements as the zoning administrator may
determine are necessary to achieve the purposes of this title and to protect the
public health, safety and welfare.
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F. Revocation Of Permit: A temporary use permit shall be revoked by the zoning
administrator pursuant to the procedures of section 21A.08.060 of this title, if
any of the standards and conditions imposed pursuant to such permit, are
violated.
G. Appeal: Any person adversely affected by the decision of the zoning
administrator, may appeal the decision to the board of adjustment pursuant to the
provisions of part II, chapter 21A.16 of this title.
SECTION 14. Amending text of Salt Lake City Code section 21A.42.090. That section
21A.42.090 of the Salt Lake City Code(Use Limitations), shall be, and hereby is, amended to
read as follows:
21A.42.090 Use Limitations:
A. General Limitations: Every temporary use shall comply with the use limitations
applicable in the district in which it is located as well as with the limitations made
applicable to specified temporary uses by section 21 A.42.070 of this chapter.
B. Hours And Days Of Operation: No temporary use shall be operated during any
hours or on any days of the week except as designated by the zoning
administrator, in the temporary use permit required by section 21A.08.030 of this
title, on the basis of the nature of the temporary use and the character of the
adjacent and surrounding area.
C. Traffic: No temporary use shall be permitted if additional vehicular traffic
reasonably expected to be generated by such temporary use would have undue
detrimental effects on adjacent and surrounding streets and uses.
D. Sign Limitations: Temporary signs may be permitted in accordance with the
procedures and requirements of chapter 21A.46 of this part.
E. Parking: Before approving any temporary use, the zoning administrator shall make
an assessment of the total number of off street parking spaces that will be
reasonably required in connection with the proposed temporary use, on the basis
of the particular use, its intensity, and the availability of other parking facilities in
the area. No temporary use shall be authorized that would, in the opinion of the
zoning administrator, reduce the amount of required off street parking spaces
available for a use in connection with permanent uses located on the same zoning
lot.
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SECTION 15. Amending text of Salt Lake City Code section 21A.22.030. That section
21A.22.030 of the Salt Lake City Code (Zoning District Boundaries), shall be, and hereby is,
amended to read as follows:
21A.22.030 Boundaries:
In the event that uncertainties exist with respect to the intended boundaries of the
various districts as shown on the zoning map, the following rules shall apply:
A. Centerlines And Right Of Way Lines As Boundaries: Where the designation of
a boundary line on the zoning map coincides with the edge of a street, alley,
waterway or other right of way, the centerline of such right of way line shall
be construed to be the boundary of the district.
B. Property Lines As Boundaries: Where a district boundary coincides with the
location of a property line, as recorded by the Salt Lake County recorder as of
April 12, 1995, the property line shall be construed to be the boundary of the
district.
C. Scaled Lines As Boundaries: Where the district boundaries do not coincide
with the location of rights of way or property lines, the district boundary shall
be determined by measuring such boundary lines through the use of the map
scale as shown on the zoning map. If a district boundary splits a parcel at a
depth of less than 30 feet or an average of 30 feet in the case of irregular
shaped parcel, then the entire parcel is considered zoned the majority district
that covers the parcel.
D. Clarification Of Map Interpretation: The zoning administrator shall hear and
decide all applications for interpretation of district boundary lines shown on
the zoning map pursuant to the provisions of part II, chapter 21A.12 of this
title. The zoning administrator shall have the authority only to interpret
boundary lines, not to change the location of district boundary lines or to
rezone property.
SECTION 16. Amending text of Salt Lake City Code section 21A.44.020.F. That section
21A.44.020.F(7) of the Salt Lake City Code(Driveway Standards), shall be, and hereby is,
amended to read as follows:
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21A.44.020 General Off Street Parking Requirements:
7. Driveway Standards:
a. Driveway Location: In nonresidential districts, the minimum distance
between curb cuts shall be twelve feet (12'). In residential districts,
driveways shall be six feet (6') from abutting property lines and ten feet
(10') from street corner property lines.
b. Driveway Widths: In front and corner side yards, driveway widths shall
not exceed twenty two feet (22') in SR-1 and SR-3 residential districts. In
all other districts, the driveways in front and corner side yards shall not
exceed thirty feet (30') in width, unless a wider driveway is approved
through the site plan review process.
c. Shared Driveways: Shared driveways, where two (2) or more properties
share one driveway access, may be permitted by the development review
team.
d. Circular Driveways: Circular driveways that connect to a driveway
extending to a legal parking location shall be constructed of concrete, brick
pavers, block or other hard surface material, other than asphalt. The
circular driveway shall be situated such that the street front edge is situated
parallel to the property line, shall be set back at least fifteen feet (15') from
the property line, shall not be wider than twelve feet (12') in width, and
shall not be used for overnight parking.
e. Driveway Surface: All driveways providing access to parking areas or
lots shall be improved and maintained as hard surface.
SECTION 17. Amending text of Salt Lake City Code section 21A.52.030. That section
21A.52.030.G of the Salt Lake City Code (Special Exceptions Authorized), shall be, and hereby
is, amended to read as follows:
G. Intentionally left blank.
SECTION 18. Effective Date. This ordinance shall become effective on the date of its
first publication.
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Passed by the City Council of Salt Lake City, Utah, this 20thday of October
2009.
RS
ATTEST AND COUNTERSIGN: \
a1/112)- 44-•te,
CITY RECORDER - N: I
Transmitted to Mayor on 10-21-09
Mayor's Action: 2( Approved. Vetoed.
MAYbR'
g(//is a e
CITY RECORDER
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(SEAL)
✓ , �it,l'�"T ui'E»"%i
Bill No. 62 of 2009. 7
Published: 10-31-09 ��A�R�tES�
H B_ATTY-#63 69-v2-Ordinance_-_Zoning_Fine_Tuning_Part_II
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date: j
By:
P u1 C. Nielso ,Senior City Attorney
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