082 of 2012 - Amending certain sections of Title 21A relating to land grading changes and building height determin 0 12-1
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SALT LAKE CITY ORDINANCE
No. 82 of 2012
(An ordinance amending certain sections of Title 21A of the Salt Lake City Code
relating to land grading changes and building height determination)
An ordinance amending sections 21A.62.040(Zoning:Definitions:Definitions of
Terms);21A.36.020(Zoning:General Provisions:Conformance with Lot and Bulk Controls);
21A.24.010(Zoning:Residential Districts:General Provisions);21A.34.120(Zoning:Overlay
Districts:YCI Yalecrest Compatible Infill Overlay District);21A.40.050(Zoning:Accessory
Uses,Buildings and Structures:General Yard,Bulk and height Limitations);21A.40.120
(Zoning:Accessory Uses,Buildings and Structures:Regulation of Fences,Walls and Hedges);
and 21A.62.050(Zoning:Definitions:Illustrations of Selected Definitions)of the Salt Lake City
Code pursuant to Petition No.PLNPCM20 1 0-000 5 5 to provide clarity in the regulation of land
grading changes and building height determination.
WIIEREAS,the Salt Lake City Planning Commission("planning commission")held a
public hearing on January 11,2012 to consider a request made by Mayor Ralph Becker(Petition
no.PLNPCM2010-00055)to amend certain sections of Title 21A of the Salt Lake City Code
identified herein concerning land grading changes and building height determination;and
WHEREAS,at its January 11,2012 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 section 21A.62.040 of the Salt Lake City Code. That
section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall
be, and hereby is, amended, in pertinent part, such that only the following definitions shall be
affected:
a. The following definitions shall be amended to read as follows:
HEIGHT, BUILDING - IN TIIE FR, FP, R-1, R-2, AND SR DISTRICTS: The
vertical distance between the top of the roof and established grade at any given point
of building coverage.
HEIGHT, BUILDING: OUTSIDE FR, FP, R-1, R-2 AND SR DISTRICTS: The
vertical distance, measured from the average elevation of the finished grade at each
face of the building, to the highest point of the coping of a flat roof or to the deck line
of a mansard roof or to the average height of the highest gable of a pitch or hip roof
(See illustration in section 21 A.62.050 of this chapter).
GRADE, ESTABLISHED: The grade of a property prior to the most recent
proposed development or construction activity. On developed lots, the Zoning
Administrator shall estimate established grade if not readily apparent, by referencing
elevations at points where the developed area appears to meet the undeveloped
portions of the land. The estimated grade shall tie into the elevation and slopes of
adjoining properties without creating a need for new retaining wall, abrupt differences
in the visual slope and elevation of the land, or redirecting the flow of run-off water.
GRADE, FINISHED: "Finished grade" means the final grade of a site after
reconfiguring grades according to an approved site plan related to the most recent
building permit activity on a site.
b. The following new definitions shall be inserted into section 21A.62.040 in
alphabetical order:
HEIGHT, EXTERIOR WALL: The vertical distance of any building wall
measured from finished grade to the top of the wall plate.
GRADE, NATURAL: The elevation of the surface of the ground which has been
created through the action of natural forces and has not resulted from marunade cuts,
fills, excavation grading or similar earthmoving processes.
DORMER: An extension built out from a sloping roof to accommodate a vertical
window. A dormer has a small gabled or shed roof, and is secondary to the primary
roof. A dormer is contained entirely within the primary roof structure.
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SECTION 2. Amending text of section 21A.36.020.B of the Salt Lake City Code. That
section 21A.36.020.B (Zoning: General Provisions: Conformance with Lot and Bulk Controls) of
the Salt Lake City Code shall be, and hereby is, amended to read as follows:
B. Obstructions Iin 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 of X3 X
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 square X X X
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 2'/2 feet into front, X X X
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 long, X X X
project 2 feet or less and are located not less than 4 feet from a lot
line
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Below grade encroachments' 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 21A.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 in X X X
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 not X X
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 yard. 4 X X X
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 chapter X X X
21 A.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
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frontage
Subject to provisions of table 21A.36.020C of this section
Ground mounted utility boxes subject to the provisions of section
21A.40.160 of this title
11am radio antennas subject to provisions of subsection X X X
21A.40.090D of this title
Landscaping, including decorative berms 4 feet or less in height 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 X X
Parking, carports and covered parking spaces except as otherwise X
expressly authorized by section 21A.44.050, table 21A.44.050 of
this title
Patios on grade X
Patios on grade (attached, covered and unenclosed) maintaining a X X X
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 dumpster X
Removable ramp for persons with disabilities (when approved as a X
special exception)
Satellite dish antennas X X X
Signs, subject to the provisions of chapter 21 A.46 of this title 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, game X X X
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
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"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
X X X
Notes:
"X"denotes where obstructions are allowed.
2. Below grade encroachments(encroachments which are completely below grade where the surface grade remains
intact and where the below grade encroachment is not visible from the surface)into required yards shall be treated as
a special exception in accordance with the procedures set forth in chapter 2lA.52 of this title.
3.The accessory structure shall be located wholly behind the primary structure on the property.
SECTION 3. Amending text of section 21A.24.010.P of the Salt Lake City Code. That
section 21A.24.010.P(Zoning:Residential Districts:General Provisions)of the Salt Lake City
Code shall be,and hereby is,amended to read as follows:
P. Special Foothills Regulations:The FP foothills protection district,section 21A.32.040
of this title,and the FR-1/43,560,FR-2/21,780 and FR-3/12,000 districts shall be
subject to the regulations of this subsection,other general provisions for residential
districts,and the district regulations of each district.
1. Special Building Height Controls:Uses and buildings in the FR-1/43,560,FR-
2/21,780,FR-3/12,000 and FP districts shall conform to the following special
height regulations:
a. In the IR-1 district,the maximum building height shall be thirty five feet(35')
measured from established grade. The front and rear vertical building wall
height shall not exceed thirty one feet(31')measured from finished grade.On
a corner lot,roof gable ends which face onto either the front or corner side
yard,but not both,are permitted to the height of thirty five feet(35')measured
from established grade.
b. In the FR-2,FR-3 and FP districts,the maximum building height shall be
twenty eight feet(28')measured from established grade.The front and rear
vertical building walls shall not exceed twenty five feet(25')measured from
finished grade.On a corner lot,roof gable ends which face onto either the
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front or corner side yard, but not both, are permitted to a height of twenty
eight feet (28').
c. All building heights for initial construction of a building in a foothill zone
shall be measured from the established grade. Up to four feet (4') of fill (or 6
feet within the buildable area of the lot) may be added on top of the
established grade in order to bring the exposed portion of the lower story of a
single exterior wall of building into compliance with the definition of a
basement when the majority of that lower level of that exterior wall already
complies with this definition. The height of any subsequent structural
modification or addition to a building shall be measured from the finished
grade existing at the time a building permit is requested.
2. Height Special Exception: The planning commission, as a special exception to the
height regulations of the applicable district, may approve a permit to exceed the
maximum building height but shall not have the authority to grant additional
stories. To grant a height special exception the planning commission must find the
proposed plan:
a. Is a design better suited to the site than can be achieved by strict compliance
to these regulations; and
b. Satisfies the following criteria:
(1) The topography of the lot presents difficulties for construction when the
foothill height limitations are applied,
(2) The structure has been designed for the topographic conditions existing on
the particular lot, and
(3) The impact of additional height on neighboring properties has been
identified and reasonably mitigated.
c. In making these considerations the planning commission can consider the size
of the lot upon which the structure is proposed.
d. The burden of proof is upon the applicant to submit sufficient data to persuade
the planning commission that the criteria have been satisfied.
e. The planning commission may deny an application for a height special
exception if:
(1) 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 height limits of
these regulations;
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(2) The additional height can be reduced by modifying the design of the
structure through the use of stepping or terracing or by altering the
placement of the structure on the lot;
(3) The additional height will substantially impair the views from adjacent
lots, and the impairment can be avoided by modification; or
(4) The proposal is not in keeping with the character of the neighborhood.
3. Design Regulations: The following design regulations shall also apply:
a. Exterior Building Colors: The exterior of any building or structure shall blend
with the natural materials and predominant colors and hues of the surrounding
foothills. Colors permitted include grays, browns, greens, tans and other earth
tones. White or bright colors shall be limited to window casings, doors, eaves
and other trim areas.
b. Exterior Building Glass: Windows and other glass surfaces shall have an
outdoor visible light reflective value no more than eighteen percent (18%) as
defined and measured by ASTM E308-90 or its successor.
c. Roof Materials and Colors: Roof colors shall be earth tones. White, bright and
reflective materials are prohibited from roofs. Tile, slate, architectural asphalt
shingles and fire retardant wood are permitted as roofing materials.
d. Mechanical Equipment: Mechanical equipment including, without limitation,
swamp coolers, air conditioning equipment, heat pumps, vents, blowers and
fans shall be screened from view or painted to match the building color
adjacent to the equipment. Roof mounted mechanical equipment, excluding
solar panels which are subject to section 21A.40.190 of this title, shall not
extend above the highest roof ridgeline.
4. Satellite Antennas: In addition to the regulations contained in chapter 21A.40 of
this title, satellite antennas shall be painted nonreflective black or other dark earth
tone colors.
5. Exterior Lighting: Floodlighting of buildings and structures is prohibited. Exterior
lighting shall be architecturally integrated decorative lighting. Yard areas may be
lit only with "directional" lighting and no direct light beam may impact any other
property, except for security lights intended to be activated only at limited times
as necessary for immediate security.
6. Grade Changes: No grading shall be permitted prior to the issuance of a building
permit. The grade of any lot shall not be altered above or below established grade
more than four feet (4') at any point for the construction of any structure or
improvement except:
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a. Within the buildable area. Proposals to modify established grade more than
six feet (6') shall be reviewed as a special exception subject to the standards in
chapter 21A.54 of this Ordinance. Grade change transition areas between a
yard area and the buildable area shall be within the buildable area.
b. Within the front, corner side, side and rear yard areas, proposals to modify
established grade more than four feet (4') shall be reviewed as a special
exception subject to the standards found in chapter 21A.52 of this Ordinance;
and
c. As necessary to construct driveway access from the street to the garage or
parking area grade changes and/or retaining walls up to six feet (6') from the
established grade shall be reviewed as a special exception subject to the
standards in chapter 21A.52 of this Ordinance.
7. Grading: Unauthorized grading and other surface disturbing activities are
prohibited in all undevelopable areas within of the lot or the subdivision. Prior to
any grading or other surface disturbing activity on the property, the undevelopable
areas shall be clearly delineated by temporary fencing or flagging. Any flagging
stakes used to delineate undevelopable areas there shall be a minimum of four feet
(4') above grade and no more than twenty five feet (25') apart.
8. Retaining Walls: All cuts and fills in excess of two feet (2') shall be supported by
retaining walls if required by the zoning administrator. Any stacking of rocks to
create a rock wall in excess of a thirty percent (30%) slope, that is intended to
retain soil, shall he considered a retaining wall. No retaining wall may exceed
four feet (4') in height above the established grade except as provided in
subsections P6a and P6b of this section. In a terrace of retaining walls, each four
foot (4') vertical retaining wall must be separated by a minimum of three (3)
horizontal feet, and any six foot (6') retaining wall must be separated from any
other retaining wall by a minimum of five (5) horizontal feet. The horizontal area
between terraced retaining walls shall be landscaped with vegetation. All
retaining walls, in excess of four feet (4') in height shall be approved by an
engineer licensed by the state, and the engineer's approval shall be consistent with
the provisions of a geotechnical report. The zoning administrator may require an
engineer's approval for retaining walls less than four feet (4') that there are
sufficient risk factors, such as slope, soil stability, or proximity to structures on
adjacent property.
SECTION 4. Amending text of section 21A.34.120.C.1 of the Salt Lake City Code. That
section 21A.34.120.C.1 (Zoning: Overlay Districts: YCI Yalecrest Compatible Infill Overlay
District) of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
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C. Building IIeight:
1. Maximum Building Height: All heights to be measured from established grade.
a. Pitched roofs: "Twenty seven and one-half feet(27.5') measured to the midpoint of
the roof(as indicated in section 21 A.62.050, illustration B, of this title).
b. Mansard or flat roofs: Twenty feet (20').
c. Lots with cross slopes where the topography slopes from one side property line to
the other side or corner side property line may increase the maximum building
height, as measured from the downhill side face of the building at a rate of one-
half foot (0.5') for each one foot (1') difference between average grades of the
uphill and downhill faces of the building, up to a maximum height of thirty feet
(30').
SECTION 5. Amending text of section 21A.40.050.0 of the Salt Lake City Code. That
section 21A.40.050.0 (Zoning: Accessory Uses, Buildings and Structures: General Yard, Bulk
and Height Limitations)of the Salt Lake City Code shall be, and hereby is, amended to read as
follows:
C. Maximum Height of Accessory Buildings / Structures:
1. Accessory to Residential Uses in the FP District, RMF Districts, RB, R-MU
Districts, and the RO District: 'l'he height of accessory buildings/structures in
residential districts are measured from established grade and shall conform to the
following:
a. The height of accessory buildings with flat roofs shall not exceed twelve feet
(12');
b. The height of accessory buildings with pitched roofs shall not exceed
seventeen feet (17') measured to the midpoint of the roof; and
c. Accessory buildings with greater building height may be approved as a special
exception, pursuant to chapter 21A.52 of this title.
2. Accessory to Residential Uses in the FR, R-1 Districts, R-2 District and SR Districts:
The height of accessory buildings/structures in the FR districts, R-1 district, R-2
district and SR districts shall conform to the following:
a. The height of accessory buildings with flat roofs shall not exceed twelve feet
(12'); nine feet (9') measured from established grade in the SR-1A;
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b. The height of accessory buildings with pitched roofs shall not exceed seventeen
feet(17')measured as the vertical distance between the top of the roof and the
established grade at any given point of building coverage.In the SR-1A the height
of accessory buildings with pitched roofs shall not exceed fourteen feet(14');and
c. Accessory buildings with greater building height may be approved as a special
exception,pursuant to chapter 21 A.52 of this title,if the proposed accessory
building is in keeping with other accessory buildings on the block face.
SECTION 6. Amending text of section 21 A.40.120.E of the Salt Lake City Code. That
section 21 A.40.120.E(Zoning:Accessory Uses,Buildings and Structures:Regulation of Fences,
Walls and 1-iedges)the Salt Lake('ity('ode shall be,and hereby is,amended to create,which
shall read as follows:
E. Height Restrictions;
1. Standard for residential zoning districts:No fence,wall or hedge shall be erected
to a height in excess of four feet(4')between the front property line and the front
facade of the principal structure.
2. Standards for all zoning districts:
a. Corner Lots;Sight Distance Triangle:No solid fence,wall or hedge shall be
erected to a height in excess of three feet(3')if the fence,wall or hedge is
located within the sight distance triangle extending thirty feet(30')of the
intersection of the right of way lines on any corner lot as noted in section
21A.62.050,illustration I of this title.
b. Corner Side,Side,Rear Yards;Sight Distance Triangle:Fences,walls or
hedges may be erected in any required corner side yard(extending to a point
in line with the front facade of the principal structure),side yard or rear yard
to a height not to exceed six feet(6').The zoning administrator may require
either increased fence setback or lower fence height along corner side yards to
provide adequate line of sight for driveways and alleys.
c. Intersection of Driveway or Alley Within Public Way;Sight Distance
Triangle:Solid fences,walls and hedges located near the intersection of a
driveway or an alley within the public way shall not exceed thirty inches(30")
in height within a ten foot(10')wide by ten foot(10')deep sight distance
triangle as defined in section 21A.62.050,illustration I of this title.
d. Sight Distance Triangle and See Through Fences:Within the area defined as a
sight distance triangle,see through fences that arc at least fifty percent(50%)
open shall be allowed to a height of four feet(4').
c. Alternative Design Solutions:To provide adequate line of sight for driveways
and alleys,the zoning administrator,in consulting with the development
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review team.may require alternative design solutions,including,but not
restricted to.requiring increased fence setback and/or lower fence height,to
mitigate safety concerns created by the location of buildings.grade change or
other preexisting conditions.
f. Measuring:Measuring the height of a fence shall be from the"finished grade"
of the site as defined in section 21 A.62.040 of this title.
g. Special Exception Approval Standards:The planning commission or historic
landmark commission may approve taller fencing if it is found that the extra
height is necessary for the security of the property in question as defined in
chapter 21 A.52 of this title.
SECTION 7. Amending text of section 21 A.62.050 of the Sall Lake City Code. That
section 21A.62.050 of the Salt Lake City Code shall be,and hereby is,amended to replace the
image designated as"Illustration A"with the following image:
Finished Grade:
7,1
Established Grade: JJ
lieghi Limit ^J�i�
y I
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'C�ablshe"c,radr
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SECTION 8. Amending text of section 21A.62.050 of the Salt Lake City Code. That
section 21A.62.050 of the Salt Lake City Code shall be,and hereby is,amended as follows:
a. That section 21A.62.050 of the Salt Lake City Code is amended to add a new
subsection"K"which shall read as follows:
K.Dormer.
b. That section 21A.62.050 of the Salt Lake City Code is amended to add a new
illustration,which shall be identified as"Illustration K",and which illustration shall
appears as follows:
Illustration-K
1.14://Airir.
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SECTION 9. 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 13th day of NnvPmher
2012.
C''IRPERS•
ATTES AND COUNTERSIGN:
TY RECORDER g'"';
c),;'BRAT.
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Transmitted to Mayor on November 11, 2012 •
Mayor's Action: r Approved. Vetoed.
011-
MAY(1
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CITY RECORDER cr��
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Imo; is 17 APPROVED AS TO FORM
{c n; Mr 4. Salt Lake City Atlorncy's Office
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Bill N0. 82 of 2012. —eyy Pa I .Nielson,S nior COI Attorney
Published: November 20, 2012.
HB_ATTY-N 22016-v2-Ordinance_amending_gradingyrovisions.doca
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