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Proposed Ordinance - 7/29/2021 1 SALT LAKE CITY ORDINANCE No. _____ of 2021 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code to eliminate special exceptions from that title) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2020-00606 to eliminate special exceptions from the city’s zoning ordinances. WHEREAS, the Salt Lake City Planning Commission held a public hearing on November 18, 2020 to consider a petition submitted by Mayor Erin Mendenhall (Petition No. PLNPCM2020-00606) to amend portions of Chapters 21A.06 (Zoning: Decision Making Bodies and Officials); 21A.24 (Zoning: Residential Districts); 21A.26 (Zoning: Commercial Districts); 21A.32 (Zoning: Special Purpose Districts); 21A.34 (Zoning: Overlay Districts); 21A.36 (Zoning: General Provisions); 21A.38 (Zoning: Nonconforming Uses and Noncomplying Structures); 21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off Street Parking, Mobility and Loading); 21A.46 (Zoning: Signs) 21A.52 (Zoning : Special Exceptions); 21A.60 (Zoning: Defined Terms); and 21A.62 (Zoning: Definitions) of the Salt Lake City Code to modify regulations pertaining to off street parking; and WHEREAS, at its November 18, 2020 meeting, the planning commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council on said petition; 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: 2 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.06.050.C.6 as follows: 6. Review and approve or deny certain modifications to dimensional standards for properties located within an H Historic Preservation Overlay District. This authority is also granted to the planning director or designee for applications within the H Historic Preservation Overlay District that are eligible for administrative approval by the planning director or zoning administrator. The certain modifications to zoning district specific development standards are listed as follows and are in addition to any modification authorized elsewhere in this title: a. Building wall height; b. Accessory structure wall height; c. Accessory structure square footage; d. Fence height; e. Overall building and accessory structure height; f. Signs pursuant to Section 21A.46.070 of this title; and g. Any modification to bulk and lot regulations, except density, of the underlying zoning district where it is found that the proposal complies with the applicable standards identified in Section 21A.34.020 and is compatible with the surrounding historic structures. SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.2 as follows: 2. Repealed. SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.6 (Grade Changes) as follows: 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 4 feet at any point for the construction of any structure or improvement except: a. Within the buildable area. Proposals to modify established grade more than 6 feet shall be permitted for the construction of below grade portions of structures, egress windows, and building entrances. Grade change transition areas between a yard area and the buildable area shall be within the buildable area; b. Within the side and rear yard areas, grade changes greater than 4 feet are permitted provided: 3 (1) The grade change is supported by retaining walls. (2) No individual retaining wall exceeds 6 feet in height. c. Within the required front and corner side yards, grade changes up to 6 feet in height are permitted provided: (1) The grade change is necessary for driveways accessing legally located parking areas; and (2) The grade changes are supported by retaining walls. SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.050.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.060.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.070.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.080.D.6 (Maximum Building Height) as follows: 6. Additional Building Height: Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay 4 District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.24.100.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 9. Amending the text of Salt Lake City Code Subsection 21A.24.110.D.6 (Maximum Building Height) as follows: 6. Additional Principal Building Height: Requests for additional building height for properties located in an H Historic Preservation Overlay District shall be reviewed by the historic landmark commission which may grant such requests subject to the provisions of Section 21A.34.020 of this title. SECTION 10. Amending the text of Salt Lake City Code Subsection 21A.26.010.J (Modifications to Maximum Height) as follows: J. Modifications to Maximum Height: The maximum height of buildings in commercial zoning districts may be increased up to 10% on any building face due to the natural topography of the site pursuant to the following standards: 1. At least 50% of the building complies with the maximum height of the underlying zoning district; 2. The modification allows the upper floor of a building to be level with the portion of the building that complies with the maximum building height of the zone without the 10% modification; and 3. The height of the ground floor is at least 12 feet in height measured from finished floor to finished ceiling height. SECTION 11. Amending the text of Salt Lake City Code Subsection 21A.32.100.D.3 as follows: 5 3. Recreation equipment heights are permitted to a height not to exceed 80 feet when needed due to the nature of the equipment or for the use to operate safely, such as fences surrounding golf course driving ranges. SECTION 12. Amending to the text of Salt Lake City Code Subsection 21A.32.100.D as follows: D. Maximum Building and Recreation Equipment Height: 1. Lots 4 acres or less: Building height shall be limited to 35 feet; provided that for each foot of height in excess of 20 feet, each required yard and landscaped yard shall be increased one foot. 2. Lots greater than 4 acres: Building heights in excess of 35 feet but not more than 45 feet may be permitted provided, that for each foot of height over 35 feet, each required yard and landscaped yard shall be increased one foot. Building heights in excess of 45 feet up to 60 feet may be approved through the design review process and that for each foot of height over 35 feet, each required yard and landscaped yard shall be increased one foot. 3. Recreation equipment heights or heights for buildings or structures for the Salt Lake City Public Utilities Department that are not specifically exempt in Section 21A.02.050 of this title, in excess of 60 feet may be approved through the special exception process. 4. Heights for buildings or structures for the Salt Lake City Public Utilities Department that are not specifically exempt in Section 21A.02.050 of this title, are exempt from the height restrictions in this zoning district provided the building or structure is deemed by the director of the public utilities department as critical infrastructure necessary to provide specific utility needs to the public. SECTION 13. Amending the text of Salt Lake City Code Subsection 21A.32.100.H (Lighting) as follows: H. Lighting: All uses and developments that provide lighting shall ensure that lighting installations comply with the following standards: 1. Lighting is installed in a manner and location that will not have an adverse impact on the natural environment when placed in areas with wildlife habitat, traffic safety or on surrounding properties and uses; 2. Light sources shall be shielded to eliminate excessive glare or light into adjacent properties and have cutoffs to protect the view of the night sky; and 3. Light poles for outdoor uses, such as sports fields, amphitheaters, and other similar uses may be permitted up to 70 feet in height provided the lights are located a 6 minimum of 30 feet from a residential use and directed to reduce light trespass onto neighboring properties. SECTION 14. Amending the text of Salt Lake City Code Subsection 21A.34.120.G (Special Exception for Garages) as follows: G. Garages Built into Hillsides in Front or Corner Side Yards: A garage built into a hillside and located forward of the front line of the building may be allowed subject to the following standards: 1. The rear and side yards cannot be reasonably accessed for the purpose of parking. 2. Because of the topography of the lot it is impossible to construct a garage and satisfy the standards of the YCI. 3. The ceiling elevation of the garage is below the elevation of the first or main floor of the house. 4. The garage meets all applicable yard requirements. SECTION 15. Amending text of Salt Lake City Code Subsection Table 21A.36.020.B (Obstructions in Required Yards) as follows (only the identified rows and columns in the table are amended): TABLE 21A.36.020B OBSTRUCTIONS IN REQUIRED YARDS1 Type Oof Structure Oor Use Obstruction Front and Corner Side Yards Side Yard Rear Yard Below grade encroachments underground obstructions when there is no exterior evidence of the underground structure other than entrances and required venting provided there are no conflicts with any easements or publicly owned infrastructure or utilities. X X X Changes of established grade of 4 feet or less except for the FP and FR Districts which shall be subject to the provisions of Subsection 21A.24.010.P of this title. (All grade changes located on a property line shall be supported by a retaining wall.) Grade changes greater than 4 feet in height provided the grade change includes a retaining wall, a horizontal step that is a minimum of 3 feet in depth is provided for every 4 vertical feet of retaining wall. X X X 7 Laundry drying equipment (clothesline and poles) X X X Window mounted refrigerated air conditioners and evaporative “swamp” coolers located at least 2 feet from the property line. X X X Notes: 1. ”X” denotes where obstructions are allowed. 2. Reserved. 3. The accessory structure shall be located wholly behind the primary structure on the property. SECTION 16. Amending the text of Salt Lake City Code Subsection 21A.36.350.A.3.c.(3) as follows: (3) A decorative masonry wall that is a minimum of 6 feet high shall be provided along all interior side and rear lot lines and that complies with all required site distance triangles at driveways and walkways. Walls in excess of 6 feet may be required as a condition of approval of a conditional use if it determines a taller wall is necessary to mitigate a detrimental impact created by the homeless resource center or homeless shelter; SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.38.040.H.2 (Enlargement of a Structure With a Nonconforming Use) as follows: 2. Enlargement of a Nonconforming Use: Enlargement of a legal nonconforming use are limited to a one time expansion of up to 25% of the gross floor area, or 1,000 gross square feet, whichever is less and subject to the site being able to provide required off street parking that complies with any applicable parking requirement of this title. An approved expansion shall be documented through an updated zoning certificate for the property. Any expansion to the nonconforming use beyond these limits is not permitted. The expansion shall be limited to a one-time expansion after April 12, 1995, the effective date of this title. Any expansion granted as a special exception after April 12, 1995 shall be considered as fulfilling the one-time expansion. SECTION 18. Amending the text of Salt Lake City Code Subsection 21A.38.050.B (Enlargement) as follows: B. Enlargement: A noncomplying structure may be enlarged if such enlargement and its location comply with the standards of the zoning district in which it is located or as provided in this section. 1. Noncomplying as to setbacks. 8 a. Front yard: A principal building with a front yard setback that is less than the minimum required may be enlarged provided the addition does not further reduce the existing front yard setback and complies with all other applicable requirements of Title 21A. b. Corner side yards: A principal building with a corner side yard setback that is less than the minimum required may be enlarged provided the addition does not further reduce the existing corner side yard setback and complies with all other applicable requirements of Title 21A. c. Interior side yards: Additions to a principal structure with noncomplying side yard setback(s) are permitted as follows: (1) Single story additions are permitted to follow the existing setback line provided the following standards are complied with: i. The exterior wall height of the addition is equal to or less than the exterior wall height of the existing building. When a cross slope exists along the exterior wall, the interior floor to ceiling height of the addition shall match the interior floor to ceiling height of the existing building. ii. The addition may extend the noncomplying exterior wall of the building up to 20% of the length of the existing wall. This shall be a one-time addition and no further additions are permitted. (2) Two story or greater additions shall comply with the side yard setback requirement(s) and maximum wall height as specified in the underlying zone. (3) In determining if a side yard is noncomplying, the narrower of the two side yards shall be interpreted to be the narrower side yard required in the underlying zoning district. (4) All other provisions of the underlying zoning district and any applicable overlay zoning district shall apply. d. Rear yards. A principal building noncomplying to rear yard setbacks may be expanded provided the expansion follows an existing noncomplying building wall and does not result in a decrease of the existing rear yard setback and complies with side and corner side yard setbacks of the underlying zoning district. If the building does not comply with the existing side or corner side yard setback, the expansion shall be permitted to extend to the side or corner side yard setback of the underlying zone. 2. Noncomplying as to Height: A principal structure that exceeds the maximum height of the underlying zoning district may be expanded at the existing height of the building provided the setbacks of the underlying zoning district are complied with. 9 SECTION 19. Amending the text of Salt Lake City Code Subsection 21A.38.050.F (Replacement or Reconstruction of a Noncomplying Structure) as follows: F. The replacement or reconstruction of any existing noncomplying portion of a principal structure or full replacement of a noncomplying accessory structure is permitted provided the replacement is in the same location or in a location that reduces the degree of noncompliance and is of substantially the same dimension. Enlarging a full replacement of a noncomplying accessory structure is permitted provided the enlarged section complies with all setback, height, maximum square feet, and lot or yard coverage requirements. SECTION 20. Amending the text of Salt Lake City Code Section 21A.38.060 (Noncomplying Lots) as follows: 21A.38.060: NONCOMPLYING LOTS: Subdividing Lots Containing Two or More Separate Principal Buildings: Lots that contain two or more separate principal buildings on a single parcel may be subdivided to place each structure on a separate lot subject to the following provisions: A. The properties shall be subdivided by recording of a plat. B. The proposed lots are exempt from the minimum lot area, lot width, lot coverage, and street frontage requirements of the underlying zoning district; C. The proposed setbacks shall be reviewed and approved by the Planning Director after consultation with applicable city departments; D. The proposed subdivision plat shall identify the front, corner side, interior side, and rear yards for the purpose of future development. E. Parking may be located anywhere within the proposed subdivision except front yards (unless already existing) and shall not be reduced below the existing off-street parking F. All lots that are part of the subdivision must include adequate access to a public street. Adequate access shall include pedestrian walkways and when off-street parking is required, vehicle access and parking. G. All necessary easements for access and utilities are shown on the plat. A note shall be added to indicate responsibility for maintenance of shared access and utilities. H. All other applicable regulations of the Salt Lake City Code shall apply. A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the effective date of any amendment to this title that makes the existing lot noncomplying shall be considered a legal complying lot and is subject to the regulations of this title. Any noncomplying lot not approved by the city that was created prior to January 13, 1950, may be approved as a legal noncomplying lot subject to the lot meeting minimum zoning 10 requirements at the time the lot was created and documented through an updated zoning certificate for the property. Any noncomplying lot not approved by the city that was created on or between January 13, 1950 to April 12, 1995, may be approved as a legal noncomplying lot subject to the lot meeting minimum zoning and subdivision requirements at the time the lot was created and documented through an updated zoning certificate for the property. Noncomplying lots may be combined to create a conforming lot or more conforming lot subject to any maximum lot size standards of the zoning district in which the lot is located. SECTION 21. Amending the text of Salt Lake City Code Section 21A.38.070 (Legal Conforming Single-Family Detached Dwelling, Two-Family Dwellings, and Twin Homes) as follows: Any legally existing single-family detached dwelling, two-family dwelling, or twin home shall be considered legal conforming. Legal conforming status shall authorize replacement of the single-family detached dwelling, two-family dwelling, or twin home structure to the extent of the original footprint. A. Alterations, Additions or Extensions or Replacement Structures Greater Than the Original Footprint: In zoning districts which do not allow detached single-family dwelling units, two-family dwelling units or twin homes, any alterations, extensions/additions or the replacement of the structure may exceed the original footprint by 25% of the existing structure subject to the following standards: 1. Any alterations, extensions/additions or the replacement structure shall not project into a required yard beyond any encroachment established by the structure being replaced. 2. All replacement structures in nonresidential zones are subject to the provisions of Section 21A.36.190, “Residential Building Standards for Legal Conforming Single- Family Detached Dwellings, Two-Family Dwellings and Twin Homes in Nonresidential Zoning Districts”, of this title. B. Off Street Parking: When replacing a legal conforming single- family detached dwelling, two-family dwelling or twin home, the number of new parking stalls provided shall be equal to or more than the number of parking stalls being replaced. The maximum number of outdoor parking stalls shall be 4 parking stalls per dwelling unit SECTION 22. Adopting a new Section 21A.38.075 (Unit Legalizations) to the text of the Salt Lake City Code as follows: 11 21A.38.075: UNIT LEGALIZATIONS: A. Purpose: The purpose of this subsection is to implement the existing Salt Lake City community housing plan by providing a process that gives owners of property with one or more excess dwelling units not recognized by the city an opportunity to legalize such units based on the standards set forth in this section. The intent is to maintain existing housing stock in a safe manner that contributes to the vitality and sustainability of neighborhoods within the city. B. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this section shall comply with the following standards: 1. The dwelling unit existed prior to April 12, 1995. In order to determine whether a dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide documentation thereof which may include any of the following: a. Copies of lease or rental agreements, lease or rent payments, or other similar documentation showing a transaction between the unit owner and tenants; b. Evidence indicating that prior to April 12, 1995, the city issued a building permit, business license, zoning certificate, or other permit relating to the dwelling unit in question; c. Utility records indicating existence of a dwelling unit; d. Historic surveys recognized by the planning director as being performed by a trained professional in historic preservation; e. Notarized affidavits from a previous owner, tenant, or neighbor; f. Polk, Cole, or phone directories that indicate existence of the dwelling unit (but not necessarily that the unit was occupied); or g. Any other documentation that the owner is willing to place into a public record which indicates the existence of the excess unit prior to April 12, 1995. 2. The excess unit has been maintained as a separate dwelling unit since April 12, 1995. In order to determine if a unit has been maintained as a separate dwelling unit, the following may be considered: a. Evidence listed in Subsection B.1 of this section indicates that the unit has been occupied at least once every 5 calendar years; b. Evidence that the unit was marketed for occupancy if the unit was unoccupied for more than 5 consecutive years; c. If evidence of maintaining a separate dwelling unit as required by Subsection B.1 of this section cannot be established, documentation of construction upgrades may be provided in lieu thereof. d. Any documentation that the owner is willing to place into a public record which provides evidence that the unit was referenced as a separate dwelling unit at least once every 5 years. 12 C. Conditions of Approval: Any approved unit legalization shall be subject to the following conditions: 1. The unit owner shall allow the city’s building official or designee to inspect the dwelling unit to determine whether the unit substantially complies with basic life safety requirements as provided in Title 18, Chapter 18.50, “Existing Residential Housing”, of this code. 2. All required corrections indicated during the inspection process must be completed within 1 year unless granted an extension by the Building Official. D. Application: A determination of non-conforming use application, provided by the zoning administrator, shall be required to legalize unrecognized dwelling units. SECTION 23. Amending the text of Salt Lake City Code Section 21A.40.040 “Use Limitations” as follows: 21A.40.040: USE LIMITATIONS: In addition to the applicable use limitations of the district regulations, no accessory use shall be permitted unless it complies with the restrictions set forth below: A. An accessory use shall be incidental and subordinate to the principal use or structure in area, extent and purpose; B. An accessory use, building or structure shall be under the same ownership or control as the principal use or structure, and shall be, except as otherwise expressly authorized by the provisions of this title, located on the same lot as the principal use or structure; C. No accessory use shall be established or constructed before the principal use is in operation or the structure is under construction in accordance with these regulations; D. No commercial sign, except as expressly authorized by this chapter or by the provisions of Chapter 21A.46 of this title, shall be maintained in connection with an accessory use or structure. E. An accessory use shall be permitted if it is routinely and customarily associated with the principal use and not otherwise prohibited by this title. For residential uses, this includes accessory uses that are customarily associated with a dwelling, such as home office, outdoor living space, pool houses, storage, personal use, hobbies, and other similar uses but does not include short term rentals or other uses not allowed in the zoning district. SECTION 24. Amending the text of Salt Lake City Code Subsection 21A.40.050.A as follows: 13 A. Location of Accessory Buildings in Required Yards: 1. Front Yards: Accessory buildings are prohibited in any required front yard and shall be set back at least as far as the principal building when the principal building exceeds the required front yard setback. Notwithstanding the foregoing, hoop houses and cold frame structures up to 24 inches in height may be placed in a front yard. 2. Corner Lots: No accessory building on a corner lot shall be closer to the street than the distance required for corner side yards. At no time, however, shall an accessory building be closer than 20 feet to a public sidewalk or public pedestrianway and the accessory building shall be set back at least as far as the principal building. Notwithstanding the foregoing, hoop houses and cold frame structures up to 24 inches in height may be placed in a corner side yard. 3. Side Yards: Accessory buildings are prohibited in any required interior side yard; however, hoop houses, greenhouses, and cold frame structures associated solely with growing food and/or plants are allowed in an interior side yard but no closer than one foot to the corresponding lot line. If an addition to residential buildings results in an existing accessory building being located in a side yard, the existing accessory building shall be permitted to remain, subject to maintaining a 4 foot separation from the side of the accessory building to the side of the residential building, as required in Subsection A.4.b of this section. 4. Rear Yards: Location of accessory buildings in a rear yard shall be as follows: a. In residential districts, no accessory building shall be closer than one foot to a side or rear lot line except when sharing a common wall with an accessory building on an adjacent lot. In nonresidential districts, buildings may be built to side or rear lot lines in rear yards, provided the building complies with all applicable requirements of the adopted building code. b. No portion of the accessory building shall be built closer than 4 feet to any portion of the principal building; excluding cold frames associated solely with growing food and/or plants. c. Garages on 2 or more properties that are intended to provide accessory building use for the primary occupants of the properties, in which the garage is located, may be constructed in the rear yards, as a single structure subject to compliance with adopted building code regulations and the size limits for accessory buildings on each property as indicated herein. 5. Accessory or Principal Lot: No portion of an accessory building on either an accessory or principal lot may be built closer than 10 feet to any portion of a principal residential building on an adjacent lot when that adjacent lot is in a residential zoning district; excluding hoop houses, greenhouses, and cold frames associated solely with growing food and/or plants. 6. Double Frontage Lots: Accessory structures and buildings located on a property where both the front and rear yards have frontage on a street may be located in a front yard provided the accessory building or structure: 14 a. Is located in a provided yard that is directly opposite the front yard where the primary entrance to the principal building is located; b. Is in a location that is consistent with other accessory building locations on the block; c. Complies with any clear view triangle requirements of this title; and d. Complies with all other accessory building and structure requirements of this title. SECTION 25. Amending the text of Salt Lake City Code Subsection 21A.40.050.C (Maximum Height of Accessory Structures) as follows: C. Maximum Height of Accessory Buildings/Structures: 1. Accessory to Residential Uses in the FP District, RMF Districts, RB, R-MU Districts, SNB and the RO District: The height of accessory buildings/structures in residential districts are measured from established grade to the highest point of the accessory building and shall conform to the following: a. The height of accessory structures with flat roofs shall not exceed 12 feet. The height of flat roof structures may be increased up to 75% of the height of the principal structure, not to exceed 15 feet provided the setbacks increases one foot for every one foot of building height above 12 feet. b. The height of accessory structures with pitched roofs shall not exceed 17 feet measured to the midpoint of the roof. The height of pitched roof structures may be increased up to 75% of the height of the principal structure, not exceed 15 feet provided the setbacks increase one foot for every one foot of structure height above 17 feet. 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 districts, R-2 district and SR districts are measured from established grade to the highest point of the accessory structure and shall conform to the following: a. The height of accessory structures with flat roofs shall not exceed 12 feet; 9 feet in the SR-1A zoning district. The height of flat roof structures may be increased up to 75% of the height of the principal structure, not to exceed 15 feet or 11 feet in the SR-1A zoning district provided the setbacks are increased one foot for every one foot of building height above 12 feet or 9 feet in the SR-1A zoning district. b. The height of accessory structures with pitched roofs shall not exceed 17 feet at any given point of building coverage. In the SR-1A zoning district the height of accessory structures with pitched roofs shall not exceed 14 feet. The height of pitched roof structures may be increased up to 75% of the height of the principal structure, not to exceed 21 feet or 15 feet in the SR-1A zoning district provided 15 the setbacks are increased one foot for every one foot of building height above 17 feet or 15 feet in the SR-1A zoning district. SECTION 26. Amending the text of Salt Lake City Code Section 21A.40.065 (Outdoor Dining) as follows: 21A.40.065: OUTDOOR DINING: “Outdoor dining”, as defined in Chapter 21A.62 of this title, shall be allowed in any zoning districts where restaurant and retail uses are allowed subject to the provisions of this section: A. Where allowed: 1. Within the buildable lot area; 2. Within a required or provided front or corner side yard; 3. Within a required side yard provided: the outdoor dining is setback a minimum of 10 feet when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section. 4. Within a required rear yard provided the outdoor dining is setback a minimum of 10 feet when adjacent to a residential zoning district that does not permit restaurants or retail uses. Properties separated by an alley are not considered adjacent for the purpose of this section. 5. Within a public right of way or an adjacent public property subject to all applicable lease agreements, applicable regulations, and the outdoor dining design guidelines. B. All outdoor dining shall be subject to the following conditions: 1. All applicable requirements of Chapter 21A.48 and Section 21A.36.020 of this title are met. 2. All required business, health and other regulatory licenses for the outdoor dining have been secured. 3. A detailed site plan demonstrating the following: a. All the proposed outdoor dining activities will be conducted on private property owned or otherwise controlled by the applicant and that none of the activities will occur on any publicly owned rights-of-way unless separate approval for the use of any such public rights-of-way has been obtained from the city; b. The main entry has a control point as required by state liquor laws. 4. The proposed outdoor dining complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for property. 16 5. Live music will not be performed, nor loudspeakers played in the outdoor dining area unless the decibel level is within conformance with the Salt Lake City noise control ordinance, Title 9, Chapter 9.28 of this code. Live music and loudspeakers are prohibited outside between the hours of 9:00 pm and 9:00 am when the property is adjacent to a residential zoning district. 6. Outdoor dining shall be by considered an expansion of the use for the purpose of determining if additional parking is required as stated in Chapter 21A.44 (Parking). 7. Smoking shall be prohibited within the outdoor dining area and within 25 feet of the outdoor dining area. SECTION 27. Amending the text of Salt Lake City Code Subsection 21A.40.090.D (Amateur Radio Facilities With Surface Area Exceeding Ten Square Feet) as follows: D. Amateur Radio Facilities With Surface Area Exceeding 10 Square Feet: Any antenna and antenna support having a combined surface area greater than 10 square feet or having any single dimension exceeding 12 feet that is capable of transmitting as well as receiving signals and is licensed by the Federal Communications Commission as an amateur radio facility shall be permitted as an accessory use, but only in compliance with the regulations set forth below: 1. Number Limited: No more than one such antenna or antenna support structure with a surface area greater than 10 square feet or any single dimension exceeding 12 feet may be located on any lot. 2. Height Limited: No such antenna and its support structure shall, if ground mounted, exceed 75 feet in height or, if attached to a building pursuant to Subsection D.3 of this section, the height therein specified. 3. Attachment to Buildings Limited: No such antenna or its support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied: a. Height: The antenna and its support structure shall not extend more than 20 feet above the highest point of the building on which it is mounted. b. Mounting: The antenna and its support structure shall not be attached to or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front or corner side of any principal building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of 80 miles per hour without the use of supporting guywires. c. Grounding: The antenna and its support structure shall be bonded to a grounding rod. 17 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.40.090.E.3.b (Electrical Equipment Located on Private Property) as follows: b. Electrical Equipment Located on Private Property: Electrical equipment shall be subject to the following standards: (1) Located in a rear yard, interior side yard, or within the building area of the lot. (2) If located in a zoning district without a require front or corner side yard setback, the equipment shall be located a minimum of 10 feet from the front or corner side yard property line. (3) Located a minimum of 4 feet from a side or rear property line unless located in an enclosed structure or a vault where the equipment will not be visible. (4) If the equipment is located next to a public trail, park, open space, or other public space other than a street, the equipment shall be screened by a masonry wall or solid fence so the equipment is not visible. (5) The electrical equipment and any structure associated with the electrical equipment is subject to the maximum lot coverage of the underlying zoning district. SECTION 29. Amending Section 21A.40.100 (Mechanical Equipment) to the text of Salt Lake City Code as follows: 21A.40.100: LOCATION OF MECHNICAL EQUIPMENT: All mechanical equipment shall be located as follows: A. Front and Corner Side Yards and Double Frontage Lots: Only allowed if located within 4 feet of the principal building and screened by vegetation, a solid wall or fence so the equipment is not visible and at least 10 feet from the front and corner side yard property lines. B. Side Yards: At least 4 feet from a side property line. If the equipment is adjacent to a driveway, parking stall, or accessory structure on an adjacent parcel, the setback may be reduced to 2 feet. C. Rear Yards: at least 4 feet from a rear property line. If the equipment is adjacent to a driveway, parking stall, or accessory structure on an adjacent parcel, the setback may be reduced to two feet. D. Prohibited Areas: in addition to the yard requirements above, mechanical equipment is prohibited to be located on the roof of an accessory structure, with the exception of exhaust fans and mechanical vents serving the accessory building in which case the fans or vents shall be at least 10 feet from a property line. 18 SECTION 30. Amending the text of Salt Lake City Code Subsection 21A.40.120.I (Barbed Wire Fences) as follows: I. Barbed Wire Fences: Permitted Use: Barbed wire fencing is allowed as a permitted use in the following instances: 1. AG, AG-2, AG-5, AG-20, A, CG, M-1, and M-2 districts and to secure critical infrastructure located in any other zoning district not listed subject to the following requirements. Critical infrastructure includes sites that are necessary to protect the facility or site for the purpose of public health and safety. Barbed wire is also permitted to secure construction sites and sites where construction is pending provided it is removed once construction is complete. 2. Barbed wire fences shall be subject to the following provisions: a. Not allowed in a provided or required front yard. b. The barbed wire is permitted to exceed the maximum fence height. c. No strand of barbed wire shall be permitted less than 7 feet in height above the ground except for agricultural purposes provided the barbed wire is vertically aligned. d. No more than 3 strands of barbed wire are permitted. e. The barbed wire strands shall not slant outward from the fence more than 60 degrees from a vertical line. f. All barbed wire shall be setback a minimum of 3 feet from public property. g. The barbed wire is not located along a property line shared with a residential use when the subject property is in a CG zoning district. SECTION 31. Amending the text of Salt Lake City Code Subsection 21A.40.120.J (Razor Wire Fences) as follows: J. Razor Wire Fences: Razor wire fencing is allowed as a permitted use in the M-1, M-2 and EI zoning districts and to secure critical infrastructure structures and sites located in any other zoning district subject to the following requirements. Critical infrastructure includes sites that are necessary to protect the facility or site for the purpose of public health and safety. 1. Razor wire is not allowed in a provided or required front or corner side yard. 2. Razor wire is permitted to exceed the maximum fence height to a height necessary to reasonably secure the site. 19 3. No strand of razor wire shall be permitted on a fence that is less than 7 feet high. Razor wire coils shall not exceed 18 inches in diameter and must slant inward from the fence to which the razor wire is being attached. 4. All razor wire shall be setback a minimum of 3 feet from public property in zoning districts that do not have a minimum setback. SECTION 32. Amending the text of Salt Lake City Code Subsection 21A.40.120.L (Electric Security Fences) as follows: L. Electric Security Fences: 1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 and M-2 zones. Electric security fences on parcels or lots that abut a residential zone are prohibited. 2. Location Requirements: Electric security fences shall not be allowed in required front yard setbacks or on frontages adjacent to residentially zoned properties. 3. Compliance With Adopted Building Codes: Electric security fences shall be constructed or installed in conformance with all applicable construction codes. 4. Perimeter Fence or Wall: No electric security fence shall be installed or used unless it is fully enclosed by a nonelectrical fence or wall that is not less than 6 feet in height. There shall be at least one foot of spacing between the electric security fence and the perimeter fence or wall. 5. Staging Area: All entries to a site shall have a buffer area that allows on site staging prior to passing the perimeter barrier. The site shall be large enough to accommodate a vehicle completely outside of the public right of way. 6. Height: Electric security fences shall have a maximum height of 10 feet. 7. Warning Signs: Electric security fences shall be clearly identified with warning signs that read: “Warning-Electric Fence” at intervals of not greater than 60 feet. Signs shall comply with requirements in Chapter 21A.46, “Signs”, of this title. 8. Security Box: Electric security fences shall have a small, wall mounted safe or box that holds building keys for police, firefighters and EMTs to retrieve in emergencies. SECTION 33. Amending the text of Salt Lake City Code Section 21A.40.130 (Access for Persons with Disabilities) as follows: 21A.40.130: ACCESS FOR PERSONS WITH DISABILITIES: Building permits for an uncovered vertical wheelchair lift, or for an uncovered access ramp, for persons with disabilities, under 4 feet in height, or any other form of uncovered access, for persons with disabilities, under 4 feet in height, that encroaches into required yard areas, may be approved by the zoning administrator as a permitted accessory structure. Covered ramps or other access structures for persons with disabilities that encroach into required yard 20 areas, shall be considered as a reasonable accommodation under applicable federal regulations. SECTION 34. Amending the text of Salt Lake City Code Section 21A.40.160 (Ground Mounted Utility Boxes) as follows: 21A.40.160: GROUND MOUNTED UTILITY BOXES: A. Purpose: Utility infrastructure provides a necessary service to the community. The regulations of this section are intended to allow for ground mounted utility boxes while reducing the negative impacts they may create. B. Compliance With Regulations Required: All ground mounted utility boxes shall be subject to the regulations of this section and any applicable requirement in Title 21A, unless exempted within Section 21A.02.050 of this title and any applicable adopted code and regulation. The location and access for maintenance of all required utility infrastructure is subject to approval by the utility provider and complying with all applicable adopted codes and regulations. No construction shall be undertaken without the applicable city permits and public way permits. C. Location: Ground mounted utility boxes shall be located as required by this section. 1. On the subject parcel or an adjacent parcel when part of new construction or as an addition to an existing building that requires additional utility service subject to the following standards: a. Rear and Side Yards: the ground mounted utility box shall be located a minimum of one foot from a side or rear property line. b. Front and Corner Side Yards: The ground mounted utility box shall be located within 5 feet of the building façade when located in required or provided front or corner side yard and at least one foot from a front or corner side yard property line. Utility boxes in a front or corner side yard shall be screened by a wall, fence, or hedge of at least equal height not to exceed the maximum height for a wall or fence allowed in the applicable yard. c. Ground mounted utility box(es) may be placed in a required landscaped yard if screened by a wall, fence or hedge of at least equal height not to exceed the maximum height for a wall or fence allowed in the applicable yard. d. If proposed on an adjacent parcel, an easement shall be provided for the utility boxes and associated equipment along with consent from the owner of the adjacent parcel. 2. In a public right of way if each of the following criteria are satisfied: a. There is an existing building on the subject property that is located in a manner that prohibits the placement of required utility infrastructure on the property; 21 b. There is no existing front yard, corner side yard, interior side yard, or rear yard of sufficient size to accommodate ground mounted utility box(es) and access for maintenance, as required by the utility provider, of the box(es) within the yard. A right of way may be used to accommodate necessary working space; c. There is not an alley adjacent to the subject property that provides sufficient access as required by the utility provider to a yard of sufficient size to accommodate ground mounted utility box(es). If the alley is not a public alley, necessary permissions and easements must be provided; d. The existing utilities are not being relocated to support an expansion of the use or building or for any new use or accessory use on the property; e. The ground mounted utility box will not negatively impact any existing or planned public improvement within the right of way; f. The ground mounted utility box is located at least 10 feet away from any tree in the right of way; g. The ground mounted utility box(es) comply with all requirements of Chapter 14.32 or its successor; and h. The applicant has provided to the city and the utility provider the dimensions and space requirements necessary for the utility needs, as determined by the utility provider, of the proposed development. 3. In a public right of way when the ground mounted utility box is necessary to provide utility service to the broader neighborhood, the location is consistent with any legal agreement between the utility provider and the city, and the proposed utility box complies with all applicable regulations. 4. The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and Title 14, Chapter 14.32 of this code. D. Materials: All ground mounted utility boxes shall consist of high quality material such as stainless steel or other durable painted or colored material. The finish shall be a neutral color such as dark or light green, beige or gray or color similar to utility boxes within the vicinity and coated with a graffiti resistant treatment. E. Post installation Obligations: All ground mounted utility boxes and any related screening materials shall remain the service provider’s responsibility to keep in a state of good visual quality and repair. 1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall also comply with all conditions as set forth in the service provider’s/owner’s franchise agreement with the city. If the terms of any franchise agreement conflict with the provisions of this title, the ordinance regulations shall prevail and govern. 2. Discontinued Use: If the service provider/owner of a ground mounted utility box in the public right of way discontinues the use or has no defined need for said box, it is that service provider’s/owner’s sole responsibility to remove the box and all associated conduit and wiring at its own expense in compliance with all engineering division requirements. 22 3. Required Contact Information: A service provider shall place a permanent notice on the box containing the service provider’s name and telephone number for the purpose of notification in the event of graffiti or damages to the equipment. 4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in reasonably good repair in a clean, safe and level condition. “Level condition” shall mean not tilting greater than 15° from plumb. A service provider shall repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. SECTION 35. Amending the text of Salt Lake City Code Section 21A.44.090 Modification to Parking Areas as follows: 21A.44.090: MODIFICATIONS TO PARKING AREAS: Applicants requesting development permits or approvals may request adjustments to the standards and requirements in this Chapter 21A.44: Off Street Parking, Mobility, and Loading, and the city may approve adjustments to those standards, as described below. A. Authority to Approve Modifications: The planning director or transportation director may approve the following types of modifications provided that the Director determines that the adjustment will not create adverse impacts on pedestrian, bicycle, or vehicle safety and that the adjustment is required due to the nature of the site and the surrounding context (such as shape, topography, utilities, or access point constraints) and that the need for the adjustment has not been created by the actions of the applicant. B. Authorized Modifications: 1. Modification to dimensions or geometries of parking, loading, or stacking space, aisles, or maneuvering areas otherwise required by this chapter, other City regulations, or the Off Street Parking Standards Manual; provided that those modifications are consistent with federal and state laws regarding persons with disabilities, including but not limited to the Americans with Disabilities Act. 2. Modifications to bicycle parking or loading berth location or design standards. 3. Front Yard Parking: a. The lot contains an existing residential building. b. No other off-street parking exists on the site. c. No provided side yard is greater than 8 feet. If greater than 8 feet, no tree over 6 inches in caliper is present in the side yard that would necessitate the removal of the tree to locate a parking stall in the side yard or rear yard. d. The rear yard does not have frontage on a public street or public alley and the property does not have access rights across an adjacent private street or alley. e. The front yard parking complies with the following standards: 23 (1) The front yard parking is limited to no wider than 10 feet in width and is a minimum depth of 20 feet. (2) The front yard parking is accessed by an approved drive approach. (3) The location of the front yard parking is placed within 10 feet of a side lot line or for corner properties, may also be within 10 feet of a rear lot line and is consistent with the location of other driveways on the block face. (1) Parking is restricted to passenger vehicles only. 4. Vehicle and Equipment Storage Without Hard Surfacing: a. The property is located in a CG, M-1, M-2, or EI zoning district b. The lot is used for long term vehicle storage, not for regular parking and/or maneuvering. b. The storage areas are not located within any required front yard or corner side yard. c. The storage area surface is compacted with 6 inches of road base or other similar material with dust control measures in place. d. A mechanism, such as a wash bay, gravel guard, or rumble strip is used to remove mud, sand, dirt, and gravel from the vehicle with a minimum of 50 feet of paved driveway between the mechanism and a public street. The mechanism used is subject to approval by the Transportation Director or designee provided it is a commonly used device that is effective at removing debris from vehicle tires. SECTION 36. Amending the text of Salt Lake City Code Subsection 21A.46.070.V (Historic District Signs) as follows: 21A.46.070.V Historic District Signs: The historic landmark commission may authorize, as a minor alteration modification to an existing sign or the size or placement of a new sign in a historic district or on a landmark site, including placement of a sign type not allowed in the underlying zone, if the applicant can demonstrate that the location, size and/or design of the proposed sign is compatible with the design period or theme of the historic structure or district and/or will cause less physical damage to the historically significant structure. If a sign in a local historic district or on a landmark site has been designated a vintage sign as per Section 21A.46.125 of this chapter, the modifications allowed in that section may be authorized by the historic landmark commission subject to the appropriate standards of Section 21A.34.020 of this title. 24 SECTION 37. Amending the text of Salt Lake City Code Chapter 21A.46.125 (Vintage Signs) as follows: A. The purpose of this section is to promote the retention, restoration, reuse, and reinstatement of nonconforming signs that represent important elements of Salt Lake City’s heritage and enhance the character of a corridor, neighborhood, or the community at large. B. Notwithstanding any contrary provision of this title: 1. An application for designation of vintage sign status as well as for the reinstatement of, modifications to, or relocation of a vintage sign shall be processed in accordance with the procedures set forth in Chapter 21A.08 and Section 21A.46.030 as well as the following: Application: In addition to the general application requirements for a sign, an application for vintage sign designation or modification shall require: (a) Detailed drawings and/or photographs of the sign in its current condition, if currently existing; (b) Written narrative and supporting documentation demonstrating how the sign meets the applicable criteria; (c) Detailed drawings of any modifications or reinstatement being sought; (d) Detailed drawings of any relocation being sought; and (e) Historic drawings and/or photographs of the sign. 2. The zoning administrator shall designate an existing sign as a vintage sign if the sign: a. Was not placed as part of a Localized Alternative Signage Overlay District and has not been granted flexibility from the base zoning through a planned development agreement or by the historic landmark commission; b. Is not a billboard as defined in Section 21A.46.020 of this chapter; c. Retains its original design character, or that character will be reestablished or restored, based on historic evidence such as drawings or photographs; and d. Meets at least 4 of the following criteria: (1) The sign was specifically designed for a business, institution, or other establishment on the subject site; (2) The sign bears a unique emblem, logo, or another graphic specific to the city, or region; (3) The sign exhibits specific characteristics that enhance the streetscape or identity of a neighborhood; (4) The sign is or was characteristic of a specific historic period; (5) The sign is or was integral to the design or identity of the site or building where the sign is located; or 25 (6) The sign represents an example of craftsmanship in the application of lighting technique, use of materials, or design. 3. A designated vintage sign may: a. Be relocated within its current site. b. Be modified to account for changing uses within its current site. These modifications shall be in the same style as the design of the original sign including: (1) Shape and form, (2) Size, (3) Typography, (4) Illustrative elements, (5) Use of color, (6) Character of illumination, and (7) Character of animation. c. Be restored or recreated, and reinstated on its original site. d. Be relocated to a new site for use as a piece of public art, provided that the original design and character of the sign is retained, or will be restored, and it advertises a business no longer in operation. Vintage signs may only be relocated for use as public art to sites in the following districts: D-1, D-2, D-3, D-4, G-MU, CSHBD1, CSHBD2, FB-UN2, FB-UN3, FB-SC, FB-SE, TSA. e. Be relocated and reinstalled on the business’s new site, should the business with which it is associated move, provided that the business’s new location is within the same contiguous zoning district as the original location. 4. Once designated, a vintage sign is exempt from the calculation of allowed signage on a site. SECTION 38. Deleting Chapter 21A.52 Special Exceptions of the Salt Lake City Code Chapter. Chapter 21A.52 (Special Exceptions) is deleted in its entirety. SECTION 39. Amending the text of the Salt Lake City Code Section 21A.60.020 (List of Defined Terms) by adding the following term in alphabetical order: Ground mounted utility box. SECTION 40. Adding the following definition in alphabetical order to Section 21A.62.040 (Definition of Terms) of the Salt Lake City Code as follows: 26 Ground mounted utility boxes: shall mean such equipment and facilities, including pedestals, boxes, cabinets, meters or other ground mounted facilities and associated equipment that extend over 6 inches above ground level used for the transmission or distribution of utilities. SECTION 41. 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 ______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. Ordinance deleting special exceptions from city code(legislative) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Paul Nielson, Senior City Attorney March9, 2021