064 of 2021 - Text Amendment Eliminating the Special Exception Process from the Zoning Ordinance1
SALT LAKE CITY ORDINANCE
No. 64 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:
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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 4feet are permitted
provided:
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(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:
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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 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:
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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 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.
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
minimum of 30 feet from a residential use and directed to reduce light trespass onto
neighboring properties.
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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 of Structure or 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
Laundry drying equipment (clothesline and poles) X X X
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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 Section 21A.36.130 (Child
Daycare) as follows:
21A.36.130: CHILD DAYCARE:
Child daycare shall be permitted pursuant to the following provisions:
A. Nonregistered Home Daycare: Nonregistered home daycare, limited to no more than two
(2) children, excluding the provider’s own children, is permitted in the home of the care
provider as set forth in Chapter 21A.33, “Land Use Tables”, of this title and within legal
conforming single-family, duplex, and multi-family dwellings within commercial and
nonresidential districts excluding M-1 and M-2 Districts. A business revenue license or
home occupation special exception approval shall not be required.
B. Registered Home Daycare or Registered Home Preschool: A registered home daycare or
registered home preschool as defined in chapter 21A.62 of this title, may be allowed as
an accessory use as set forth in Chapter 21A.33, “Land Use Tables”, of this title and
within legal conforming single-family, duplex, and multi-family dwellings within
commercial and nonresidential districts excluding M-1 and M-2 Districts as a conditional
use pursuant to the provisions of Chapter 21A.54 of this title. Registered home day cares
shall be considered an administrative conditional use under Section 21A.54.155 and be
eligible for administrative approval under that section. Registered home day cares under
this section are exempt from the noticing requirements in Section 2.60.050 or its
successor. The permittee shall also obtain appropriate licensing where applicable from
the State pursuant to the Utah Code.
1. Permit; Application: An application for a residential home daycare or preschool must
be submitted to the zoning administrator. As a part of the application, the applicant
must submit the following documentation:
a. The number of children and employees; both total for the day and the expected
maximum number to be on the premises at any given time;
b. The hours and days of operation; and
c. Proof of appropriate licensing from the State, where applicable, or basis upon
which exemption therefrom is claimed.
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2. Standards: All residential home daycare or preschools shall be subject to the
standards set forth in Chapter 21A.54 of this title and subject to the following specific
standards:
a. The applicant resides at the home in which the business will be conducted;
b. At no time shall the applicant provide home daycare or home preschool services
for a group of children exceeding the maximum specified for such facility;
c. The outdoor play area for the home daycare or home preschool shall be located in
the rear or side yards of the home for the protection and safety of the children and
for the protection of the neighborhood;
d. The use of the home for the services of providing childcare shall be clearly
incidental and secondary to the use of the dwelling for residential purposes and
shall not change the character of the home or the neighborhood;
e. The care and supervision of the children shall be conducted in a manner which is
not a public nuisance to the neighborhood;
f. There shall be no advertising of such occupation, business or service, no window
or other signs or displays;
g. No employees other than persons lawfully living in the dwelling;
h. No play or yard equipment located in the front yard; and
i. It is unlawful for any person to engage in a “registered home daycare or registered
home preschool” as defined in Section 21A.62.040 of this title without first
obtaining a license pursuant to the provisions of Chapter 5.04 of this code. Prior
to issuance of said license, the criteria set forth in this title must be satisfied and
all applicable fees shall be paid. All home occupation business licenses shall be
valid for one year, and may be renewed annually, provided there have been no
reported violations, subject to Subsection 21A.36.030.I of this chapter.
C. Child Daycare Center:
1. Conditional Use Standards for Child Daycare Centers: A child daycare center may be
allowed as a conditional use pursuant to the provisions of Chapter 21A.54 of this title
and the requirements and provisions of this subsection.
a. Site Requirements:
(1) Minimum Lot Size: Twenty thousand (20,000) square feet.
(2) Location Requirements: The child daycare use shall be addressed on and
oriented to an arterial street as shown on the City’s major street plan.
(3) Rear Yard Playground Equipment: All outside playground equipment shall be
located only in the rear yard.
(4) Landscape Buffering: Any outside area where children are allowed must be
fenced with a solid fence at least six feet (6’) high. At least ten feet (10’) from
the fence to the interior portion of the property shall be landscaped in such a
way that the area cannot be used by the patrons.
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b. Signage: Signs are limited to either one nonilluminated low profile identification
sign, or one “flat sign” as defined in Chapter 21A.46 of this title. The size of the
sign shall be determined as part of the conditional use approval.
c. Prohibitions:
(1) Residential Demolition: No existing building containing a residential dwelling
unit may be demolished to allow for the construction of a new conditional use
facility for child daycare under this section.
(2) Residential Conversion: The conversion of any existing residential structure
or a conditional use allowed under this section shall not permit any major
exterior or interior alterations of the building to be made which render the
building substantially incompatible with the return to its use as a residence.
(3) No Variances: The planning commission shall not approve a childcare
conditional use pursuant to this section if the appeals hearing officer would be
required to grant a variance from any zoning condition.
(4) Six Hundred Feet Proximity: No conditional use allowed under this section
may be within six hundred feet (600’) on the same street frontage as another
conditional use allowed under this section.
d. Application: The application for a child daycare center shall include, in addition
to application submission requirements of Chapter 21A.54 of this title, the
following information:
(1) The number of children, employees, staff or volunteers; both total for the day
and the expected maximum number to be on the premises at any given time;
(2) The hours and days of operation;
(3) The proposed signage; and
(4) The number, location and dimensions of any dropoff or pick up areas for
either private transportation or public transportation.
e. Standards: Standards for approval shall include, in addition to standards
of Chapter 21A.54 of this title, the following:
(1) Specific Standards for Child Daycare Conditional Uses:
(A) The lot is of sufficient size to accommodate all required parking in the
side and rear yards, or to the rear of the required landscaped setback in the
front yard;
(B) The dropoff and pick up area is designed in a manner that vehicles do not
back into a public street or the stacking or queuing of vehicles will not
interrupt traffic flow on the public street; and
(C) The signage is appropriate for the area.
SECTION 17. Amending the text of Salt Lake City Code Subsection
21A.36.350.A.3.c.(3) as follows:
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(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 18. 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 19. 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.
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:
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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.
SECTION 20. 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 21. Amending the text of Salt Lake City Code Section 21A.38.060
(Noncomplying Lots) as follows:
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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
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 22. 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:
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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 23. Adopting a new Section 21A.38.075 (Unit Legalizations) to the text of the
Salt Lake City Code as follows:
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:
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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.
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 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.
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SECTION 24. 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 25. Amending the text of Salt Lake City Code Subsection 21A.40.050.A as
follows:
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
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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:
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 26. 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:
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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 21 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, except
that in the SR-1A zoning district the height of accessory structures with flat roofs
shall not exceed 9 feet. The height of flat roof accessory structures may be
increased up to 75% of the height of the principal structure, not to exceed an
additional 3 feet except in the SR-1A zoning district where up to an additional 2
feet may be permitted provided the setbacks are increased one foot for every one
foot of additional building height.
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 accessory structures may be increased up to 75% of the height of the
principal structure, not to exceed an additional 4 feet except in the SR-1A zoning
district where up to an additional 3 feet may be permitted provided the setbacks
are increased one foot for every one foot of building height.
SECTION 27. 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
district where restaurant and retail uses are allowed and for any nonconforming food serving
land use subject to the provisions of this section:
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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.
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, Chapter 9.28 of this code. Live music and loudspeakers are
prohibited outside between the hours of 10:00 pm and 7:00 am when the property
is within a radius of 660 feet of a residential zoning district found in Chapter
21A.24 of this code.
6. Outdoor dining shall be 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.
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SECTION 28. 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.
SECTION 29. 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.
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(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 30. 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.
SECTION 31. 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:
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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 32. 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.
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 33. Amending the text of Salt Lake City Code Subsection 21A.40.120.L
(Electric Security Fences) as follows:
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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 34. 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
areas, shall be considered as a reasonable accommodation under applicable federal
regulations.
SECTION 35. 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:
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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. Private Property or Parcel. 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. Public Right of Way – Single Property or Parcel. 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;
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
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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. Public Right of Way – Broader Neighborhood. In a public right of way when the
ground mounted utility box is necessary to provide utility service, wireless service, or
other telecommunications 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. Public Right of Way – Permit Issuance. 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.
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
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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 36. Amending the text of Salt Lake City Code Subsection 21A.44.020.F.9
(Vehicles and Equipment Storage) as follows:
9. Vehicle and Equipment Storage Without Hard Surfacing: Vehicle and equipment storage
without hard surfacing shall be allowed if the following requirements are met:
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.
c. The storage areas are not located within any required front yard or corner side yard.
d. The storage area surface is compacted with 6 inches of road base or other similar
material with dust control measures in place.
e. 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 37. Amending the text of Salt Lake City Code Subsection 21A.44.020.G
(Parking for Low Density Residential Districts) as follows:
G. Parking for Low Density Residential Districts: The following regulations shall apply to
single-family detached, single-family attached and two-family dwellings in the FP, FR-
1/43,560, FR-2/21,700, FR-3/12,000, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-3 and
R-2 districts:
1. Parking spaces satisfying the requirements of section 21A.44.030 of this chapter shall
be located only in an interior side yard or a rear yard.
2. The provisions of parking spaces elsewhere on the lot shall conform to the other
applicable requirements of this chapter. Requirements for garages shall be as
specified in Chapter 21A.40 of this title.
3. No park strip shall be used for parking.
4. A maximum of four outdoor parking spaces shall be permitted per lot. Recreational
vehicle parking, where permitted, shall be included in this maximum.
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SECTION 38. Amending the text of Salt Lake City Code Subsection 21A.44.030.H.2
(Table of District Specific Maximum Parking Allowance) qualifying provision 2 as follows:
2. The maximum parking requirement does not apply to parking structures or garages that
serve multiple lots, parcels, uses, or structures that provide off site parking.
SECTION 39. Deleting the text of Salt Lake City Code Subsection 21A.44.040.D (Other
Eligible Alternatives). Subsection 21A.44.040.D (Other Eligible Alternatives) is deleted in its
entirety.
SECTION 40. Amending the text of Salt Lake City Code Section 21A.44.060.B: (Front
Yard Parking) as follows:
B. Front Yard Parking: Parking in a required front yard shall be permitted subject to the
following requirements:
1. The lot contains an existing residential building.
2. No other off-street parking exists on the site.
3. 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.
4. The rear yard is not accessible through a side yard in as provided in Subsection B.3
and 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.
5. The front yard parking complies with the following standards:
a. The front yard parking is limited to no wider than 10 feet in width and is a
minimum depth of 20 feet.
b. The front yard parking is accessed by an approved drive approach.
c. 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.
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SECTION 41. 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.
SECTION 42. 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:
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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
(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.
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SECTION 43. Deleting Chapter 21A.52 Special Exceptions of the Salt Lake City Code.
Chapter 21A.52 (Special Exceptions) is deleted in its entirety.
SECTION 44. 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 45. Adding the following definition in alphabetical order in alphabetical order
to Section 21A.62.040 (Definition of Terms) of the Salt Lake City Code as follows:
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 46. 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 9th day of November,
2021.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: Approved. _Vetoed.
MAYOR
Amy Fowler (Nov 30, 2021 11:43 MST)
Nov 30, 2021
rachel otto (Nov 30, 2021 12:02 MST)
4
Cindy Trishman (Dec 1, 2021 18:42 MST)
30
CITY RECORDER
(SEAL)
Bill No. 64 of 2021.
Published: .
Ordinance deleting special exceptions (final) 10.12.21
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _
By:
Paul C. Nielson, Senior City Attorney
Paul Nielson (Nov 15, 2021 09:18 MST)
Nov 15, 2021
Cindy Trishman (Dec 1, 2021 18:42 MST)
December 2, 2021
Ordinance 64 of 2021 - Text Amendment
Eliminating the Special Exception Process from
the Zoning Ordinance
Final Audit Report 2021-12-02
Created:2021-11-15
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAc-FsK2ife1LQteZXO3u02ZZI6xMN6RK1
"Ordinance 64 of 2021 - Text Amendment Eliminating the Specia
l Exception Process from the Zoning Ordinance" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2021-11-15 - 3:55:13 PM GMT
Document emailed to Paul Nielson (paul.nielson@slcgov.com) for signature
2021-11-15 - 3:57:50 PM GMT
Email viewed by Paul Nielson (paul.nielson@slcgov.com)
2021-11-15 - 4:18:31 PM GMT
Document e-signed by Paul Nielson (paul.nielson@slcgov.com)
Signature Date: 2021-11-15 - 4:18:42 PM GMT - Time Source: server
Document emailed to Amy Fowler (amy.fowler@slcgov.com) for signature
2021-11-15 - 4:18:44 PM GMT
Email viewed by Amy Fowler (amy.fowler@slcgov.com)
2021-11-16 - 5:33:14 AM GMT
Email viewed by Amy Fowler (amy.fowler@slcgov.com)
2021-11-30 - 6:43:03 PM GMT
Document e-signed by Amy Fowler (amy.fowler@slcgov.com)
Signature Date: 2021-11-30 - 6:43:11 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2021-11-30 - 6:43:13 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2021-11-30 - 6:49:08 PM GMT
Thais Stewart (thais.stewart@slcgov.com) replaced signer Erin Mendenhall (erin.mendenhall@slcgov.com) with
rachel otto (Rachel.Otto@slcgov.com)
2021-11-30 - 6:49:55 PM GMT
Document emailed to rachel otto (Rachel.Otto@slcgov.com) for signature
2021-11-30 - 6:49:55 PM GMT
Email viewed by rachel otto (Rachel.Otto@slcgov.com)
2021-11-30 - 7:01:56 PM GMT
Document e-signed by rachel otto (Rachel.Otto@slcgov.com)
Signature Date: 2021-11-30 - 7:02:29 PM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2021-11-30 - 7:02:29 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2021-12-02 - 1:42:04 AM GMT - Time Source: server
Agreement completed.
2021-12-02 - 1:42:04 AM GMT