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Legislative Version Ordinance - 12/5/20231 LEGISLATIVE DRAFT 1 SALT LAKE CITY ORDINANCE 2 3 No. _____ of 202__ 4 5 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code 6 establishing a chapter for zoning incentives and adding affordable housing incentives) 7 8 An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant 9 to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing 10 incentives. 11 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held 12 public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former 13 Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various 14 sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing 15 incentives; and 16 WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of 17 transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said 18 petition; and 19 WHEREAS, the City Council requests a report on costs and benefits of implementation 20 of the affordable housing incentives 24 months following adoption; and 21 WHEREAS, after a public hearing on this matter the City Council has determined that 22 adopting this ordinance is in the city’s best interests. 23 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 24 SECTION 1. Amending the text of Salt Lake City Code Section 21A.20.040. That Section 25 21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is 26 amended to read as follows: 2 LEGISLATIVE DRAFT 27 A. If the violations are not corrected by the citation deadline, civil fines shall accrue at 28 twenty five dollars ($25.00) a day per violation for those properties legally used for 29 purposes that are solely residential uses, and one hundred dollars ($100.00) a day per 30 violation for those properties used for purposes that are not residential uses. 31 B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the 32 citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule 33 per day per violation. If the violation(s) include renting an affordable rental unit in excess 34 of the approved rental rate then an additional monthly fine shall accrue that is the 35 difference between the market rate of the unit and the approved rental rate that is agreed 36 to by the applicant at the time of approval for a project using the incentives. 37 38 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That 39 Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000 40 Single-family Residential District) shall be and hereby is amended to read as follows: 41 A. Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is 42 to provide for conventional single-family residential dwellings and affordable housing 43 incentives developments with up to four units on residential neighborhoods with lots 44 twelve thousand (12,000) square feet in size or larger. This district is appropriate in areas 45 of the Ccity as identified in the applicable community mMaster pPlan. Uses are intended 46 to be compatible with the existing scale and intensity of the neighborhood. The standards 47 for the district are intended to provide for safe and comfortable places to live and play, 48 promote sustainable and compatible development patterns and to preserve the existing 49 character of the neighborhood. 50 51 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That 52 Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000 53 Single-family Residential District) shall be and hereby is amended to read as follows: 54 A. Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to 55 provide for conventional single-family residential dwellings and affordable housing 56 incentives developments with up to four units on residential neighborhoods with lots not 57 less than seven thousand (7,000) square feet in size. This district is appropriate in areas of 58 the cCity as identified in the applicable community mMaster pPlan. Uses are intended to 59 be compatible with the existing scale and intensity of the neighborhood. The standards 60 for the district are intended to provide for safe and comfortable places to live and play, 61 promote sustainable and compatible development patterns and to preserve the existing 62 character of the neighborhood. 63 3 LEGISLATIVE DRAFT 64 SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That 65 Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000 66 Single-family Residential District) shall be and hereby is amended to read as follows: 67 A. Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to 68 provide for conventional single-family residential dwellings and affordable housing 69 incentives developments with up to four units on residential neighborhoods with lots not 70 less than five thousand (5,000) square feet in size. This district is appropriate in areas of 71 the cCity as identified in the applicable community mMaster pPlan. Uses are intended to 72 be compatible with the existing scale and intensity of the neighborhood. The standards 73 for the district are intended to provide for safe and comfortable places to live and play, 74 promote sustainable and compatible development patterns and to preserve the existing 75 character of the neighborhood. 76 77 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That 78 Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and 79 Two-family Residential District) shall be and hereby is amended to read as follows: 80 A. Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District 81 is to preserve and protect for single-family dwellings the character of existing 82 neighborhoods which exhibit a mix of predominantly single- and two-family dwellings 83 by controlling the concentration of two-family dwelling units. Uses are intended to be 84 compatible with the existing scale and intensity of the neighborhood. The standards for 85 the district are intended to provide for safe and comfortable places to live and play and to 86 promote sustainable and compatible development patterns. 87 88 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That 89 Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU 90 Residential/Mixed Use District) shall be and hereby is amended to read as follows: 91 F. Maximum Building Height: The maximum building height shall not exceed seventy five 92 feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1 93 and F2 of this section. Buildings taller than seventy five feet (75'), up to a maximum of 94 one hundred twenty five feet (125'), may be authorized through the design review process 95 (chapter 21A.59 of this title) and provided, that the proposed height is located within the 96 one hundred twenty five foot (125') height zone indicated in the map located in 97 subsection F3 of this section. 98 1. Maximum height for nonresidential buildings: Forty five feet (45'). 99 2. Maximum floor area coverage of nonresidential uses in mixed use 100 buildings of residential and nonresidential uses: Three (3) floors. 4 LEGISLATIVE DRAFT 101 3. One hundred twenty five foot (125') height zone map for the R-MU 102 District: 103 104 FIGURE 21A.24.170.F.3 105 106 107 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That 108 Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit 109 Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and 110 all notes thereto shall remain and are not amended herein): 5 LEGISLATIVE DRAFT 111 2. Building Height: The minimum and maximum building heights are found in table 112 21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The following 113 exceptions apply: 114 a. The minimum building height applies to all structures that are adjacent to a public or 115 private street. The building shall meet the minimum building height for at least fifty 116 percent (50%) of the width of the street facing building wall. 117 b. Projects that achieve a development score that qualifies for administrative review are 118 eligible for an increase in height. The increase shall be limited to one story of 119 habitable space. The height of the additional story shall be equal to or less than the 120 average height of the other stories in the building. This is in addition to the height 121 authorized elsewhere in this title. 122 123 SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table 124 21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form 125 Based Special Purpose Corridor District) shall be and hereby is amended to read as follows: 126 TABLE 21A.27.040.C  127 FB-SC BUILDING FORM STANDARDS  Permitted Building Forms Multi-Family And Storefront   H   Maximum building height   Maximum building height in the FB-SC is 60 ft. An additional 15 ft. in height (for a total height of 75 ft.) may be permitted for residential uses if a minimum of 10% of the units are  affordable housing.   Limitation on commercial uses Commercial or nonresidential uses are limited to the first 3 stories and a height of 45 ft. This limitation does not apply to hotel/motel uses, which are limited to the maximum height of 75 ft. Greenway Minimum of 5 ft. Maximum of 15 ft. Neighborhood Minimum of 15 ft. Maximum of 25 ft. Avenue Minimum of 5 ft. Maximum of 10 ft. F Front and corner side yard setback Boulevard Minimum of 15 ft. Maximum of 25 ft. B Required built-to Minimum of 50% of any street facing facade shall be built to the minimum setback line. At least 10% of any street facing facade shall be built to the maximum setback line. S Interior side yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no 6 LEGISLATIVE DRAFT minimum setback is required. See illustration below. R Rear yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no minimum setback is required. See illustration below. L Minimum lot size 4,000 sq. ft.; not to be used to calculate density. W Minimum lot width 50 ft. DU Dwelling units per building form No minimum or maximum. Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of lot area provided all building forms have frontage on a street. 128 129 130 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 131 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 132 Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use 133 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 134 Uses for Residential Districts, in alphabetical order with other use categories in the table, which use 135 category shall read and appear in that table as follows: 7 LEGISLATIVE DRAFT Permitted And Conditional Uses By DistrictUse FR-1/ 43,560 FR-2/ 21,780 FR-3/ 12,000 R-1/ 12,000 R-1/ 7,000 R-1/ 5,000 SR- 1 SR- 2 SR- 3 R- 2 RMF- 30 RMF- 35 RMF- 45 RMF- 75 RB R- MU- 35 R- MU- 45 R- MU RO Affordable Housing Incentives Development P P P P P P P P P P P P P P P P P P 8 LEGISLATIVE DRAFT 137 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 21A.33.030 of the Salt Lake City Code 138 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only to 139 add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Commercial 140 Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 141 Permitted and Conditional Uses by DistrictUse CN CB CS1 CC CSHBD1 CG SNB Affordable Housing Incentives Development P P P P P P P 9 LEGISLATIVE DRAFT 143 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 144 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 145 Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add 146 the use category “Affordable Housing Incentives Development” in the Table of Permitted and 147 Conditional Uses for Transit Station Area Districts, in alphabetical order with other use 148 categories in the table, which use category shall read and appear in that table as follows: 149 10 LEGISLATIVE DRAFT Permitted And Conditional Uses By District TSA-UC TSA-UN TSA-MUEC TSA-SP Use Core Transition Core Transition Core Transition Core Transition Affordable Housing Incentives Development P P P P P P P P 150 151 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 152 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 153 Conditional Uses for Downtown Districts) shall be and hereby is amended only to add the use 154 category “Affordable Housing Incentives Development” in the Table of Permitted and 155 Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the 156 table, which use category shall read and appear in that table as follows: Permitted And Conditional Uses By DistrictUse D-1 D-2 D-3 D-4 Affordable Housing Incentives Development P P P P 157 158 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 159 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 160 Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use 161 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 162 Uses for the Gateway District, which use category shall read and appear in that table as follows: Use G-MU Affordable Housing Incentives Development P 163 164 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 165 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 166 Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use 11 LEGISLATIVE DRAFT 167 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 168 Uses for Special Purpose Districts, which use category shall read and appear in that table as follows: 12 LEGISLATIVE DRAFT 169 Permitted and Conditional Uses by DistrictUse RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Affordable Housing Incentives Development P 13 LEGISLATIVE DRAFT 171 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 172 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 173 Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use 174 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 175 Uses for Form Based Districts, inserted in alphabetical order, which use category shall read and 176 appear in that table as follows: 177 [Note to codifier: use this table if FB-MU11 is adopted as of the date of this ordinance pursuant 178 to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] Permitted Uses By DistrictUse FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE Affordable Housing Incentives Development P P P P P 179 180 [Note to codifier: use this table if FB-MU11 is not adopted as of the date of this ordinance 181 pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior 182 table should be codified.] Permitted Uses By DistrictUse FB-UN1 FB-UN2 FB-SC FB-SE Affordable Housing Incentives Development P P P P 183 184 SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of 185 the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new 186 Chapter 21A.52 Zoning Incentives and shall read as follows: 187 21A.52.010 PURPOSE: 188 The purpose of this chapter is to establish zoning incentives to support achieving adopted goals 189 within the city’s adopted plans and policy documents. 190 21A.52.020 APPLICABILITY: 191 A. This chapter applies as indicated within each subsection. 14 LEGISLATIVE DRAFT 192 B. The planned development process in 21A.55 is not required as indicated within this 193 chapter. 194 C. The administrative design review process in 21A.59 may be applicable as indicated 195 within this chapter. 196 21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY 197 ZONING DISTRICTS: 198 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district 199 standards and requirements take precedence except as indicated in this section. 200 21A.52.040 APPROVAL PROCESS: 201 Unless specifically exempted or modified by this chapter, all requirements of this title shall 202 apply. 203 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall 204 submit a zoning incentives application and provide the following information: 205 1. The applicant's name, address, telephone number and interest in the 206 property to which the incentives shall apply; 207 2. The owner's name, address and telephone number, if different than the 208 applicant, and the owner's signed consent to the filing of the application; 209 3. The street address, tax parcel number and legal description of the subject 210 property; 211 4. The zoning classification, zoning district boundaries and present use of the 212 subject property; 213 5. The location of all proposed buildings and structures, accessory and 214 principal, showing the number of stories and height, dwelling type, if 215 applicable, major elevations and the total square footage of the floor area 216 by proposed use and any additional information required for site plan 217 review set forth in Chapter 21A.58; 218 6. The total number of dwelling units in the project, the number of affordable 219 units, the number of bedrooms in the affordable units, the location of the 220 affordable units, and level of affordability; and 221 7. Any additional information required by Chapter 21A.59 design review or 222 to demonstrate compliance with the requirements of this chapter, as 223 applicable. 224 B. Preliminary approval shall authorize the preparation, filing and processing of 225 applications for any permits or approval that may be required by the city, including, 226 but not limited to, a building permit. Notwithstanding the foregoing, no permits shall 227 be issued until final approval is obtained pursuant to this Chapter. Preliminary 228 approval shall be valid for a period of one year unless complete building plans have 229 been submitted to the Division of Building Services. 230 C. Administrative design review, where applicable, shall be exempt from the 231 application fees and noticing fees otherwise required pursuant to Section 21A.59. 232 D. Following the approval of any administrative design review application, any future 233 alteration to the property, building or site shall comply with the approved design 234 review application unless a modification is approved subject to the process outlined 235 in Chapter 21A.59. 15 LEGISLATIVE DRAFT 236 E. Final approval shall occur following the recording of the restrictive covenant. 237 F. Preliminary and final approvals shall be administrative approvals by the planning 238 director or the planning director’s designee. 239 21A.52.050 AFFORDABLE HOUSING INCENTIVES: 240 A. Purpose: The incentives set forth in this chapter are intended to encourage the 241 development of affordable housing. The provisions within this section are intended 242 to facilitate the construction of affordable housing by allowing more inclusive 243 development than would otherwise be permitted in the base zoning districts. Housing 244 constructed using the incentives is intended to be compatible in form with the 245 neighborhood and provide for safe and comfortable places to live and play. 246 B. Applicability: The provisions in this section provide optional incentives to 247 development projects that include affordable housing units. Unless specifically stated 248 below, all other applicable provisions in the base zoning district or 249 overlay districts shall apply. 250 C. Uses: Additional housing types are allowed in zones subject to compliance with this 251 section. 252 D. Reporting and Auditing: Property owners who use the incentives of this chapter are 253 required to provide a report that demonstrates compliance with this section and any 254 additional approvals associated with the use of incentives. The report shall be 255 submitted annually by April 30th and shall be reflective of the financial status at the 256 end of the previous calendar year. The report shall be submitted to the Director of 257 Community and Neighborhoods or successor. 258 1. Annual Report and Auditing: Each property owner shall submit a report that 259 demonstrates compliance with this chapter. 260 a. If applicable, the property owner shall submit a copy of the annual report(s) 261 provided to Utah Housing Corporation, Olene Walker Housing Loan Fund, 262 Housing Authority of Salt Lake City, Housing Connect, or similar funding 263 source as determined by the Department of Community and Neighborhoods, 264 or its successor, confirming compliance with affordable housing conditions, 265 including tenant income and rental rates. 266 b. If an annual report is not submitted as required in 21A.52.050.D.1.a above, 267 the property owner shall provide a report that includes, but is not limited to 268 the following: 269 (1) The property location, tax ID number, and legal description. 270 (2) Property owner name, mailing address, and email address. 271 (3) Information on the dwelling units and tenants of the property receiving 272 the incentives that includes: 273 (A)The total number of dwelling units 274 (B)The number of bedrooms of each dwelling unit 275 (C)The rental rate of each dwelling unit 276 (D)Identify the dwelling units that comply with the level of 277 affordability identified in the approval to use the incentives and 278 a statement that the dwelling units are in compliance with the 279 approval requirements. 16 LEGISLATIVE DRAFT 280 (E) Identify any change in occupancy to the units that are required 281 to be affordable under this section, including a change in the 282 number of people residing in each unit and any change in 283 tenant. Personal data is not required to be submitted. 284 (F) Confirm that income verification for all tenants was performed 285 on an annual basis. 286 (G)Identify any differences in rent between the agreed upon rental 287 rate in the approval to use the incentives and the actual rent 288 received for the identified affordable dwelling units. 289 (H)Identify any instance where an affordable dwelling unit was no 290 longer rented at the agreed upon level of affordability, the 291 length of time the dwelling unit was not in compliance with the 292 agreed upon level of affordability, and any remedy that was 293 taken to address the noncompliance. 294 2. Review of Annual Report: The Director of Community and Neighborhoods shall 295 review the report to determine if the report is complete. 296 3. Within 30 days of receipt of a complete report, the Director of Community and 297 Neighborhoods shall provide the property owner with written notice that: 298 a. Identifies whether the property is in compliance. 299 b. Identify any deficiency in the information provided by the owner. 300 c. Assesses any penalty that is due as a result of an identified noncompliance. 301 4. After receipt of the notice from the Director of Community and Neighborhoods that 302 indicates noncompliance, the property owner shall: 303 a. Cure the identified noncompliance within 30 days of such notice and 304 concurrently submit an updated report of then-current operations of the 305 property that demonstrates compliance; or 306 (1) Property owners can request an extension in writing prior to the 307 expiration of the 30-day cure period identified above. The request shall 308 include an explanation of the efforts to correct the non-compliance and 309 the reason the extension is needed. The Director of Community and 310 Neighborhoods will review and determine if the timeframe and 311 extension are appropriate and whether or not fines shall be stayed 312 during any approved extension. Upon expiration of the extension 313 granted by the Director the property owner shall submit an updated 314 report of then-current operations of the property that demonstrates 315 compliance. 316 b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any 317 noncompliance within 14 days of achieving compliance. Any fine or fee shall 318 be assessed from the first identified date that the property is not in 319 compliance. 320 5. The city may contract with another entity for review of the requirements in this 321 section. 322 6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20, 323 except as set forth below in 21A.52.050.E. 324 17 LEGISLATIVE DRAFT 325 E. Enforcement: Violations of this Chapter, or the restrictive covenant on the property 326 as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to 327 21A.20. The city shall have the additional remedies for violations as set forth below. 328 1. Lien on Property. If the property owner fails to make payment of the outstanding 329 fines, then after 90 days or when fines reach $5,000, the division will issue a 330 statement of outstanding fines. If the property owner fails to make payment within 331 14 days, then the division may certify the fines set forth in the statement to the Salt 332 Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount 333 entered shall have the force and effect of a valid judgment of the district court, is a 334 lien on the property, and shall be collected by the treasurer of the county in which 335 the property is located at the time of the payment of general taxes. Upon payment 336 of the amount set forth in the statement, the judgment is satisfied, the lien is 337 released from the property, and receipt shall be acknowledged upon the general tax 338 receipt issued by the treasurer. 339 2. Revocation of Business License. Upon a determination of the division that the 340 property is in violation of this Chapter the city may suspend or revoke the business 341 license associated with the property. Any suspension or revocation of a license 342 shall not be imposed until a hearing is first held before the Director of Community 343 and Neighborhoods or his/her successor. The licensee shall be given at least 14 344 days’ notice of the time and place of the hearing, together with the nature of the 345 charges against the licensee. The licensee may appear in person or through an 346 officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to 347 confront and cross-examine witnesses. The Director of Community and 348 Neighborhoods shall make a decision based upon the evidence introduced at the 349 hearing and issue a written decision. The licensee may appeal to an appeals 350 hearing officer and thereafter to district court pursuant to 21A.16. If the license is 351 revoked or suspended it shall thereafter be unlawful for any person to engage in or 352 use, or permit to be used any property for any business with respect to which the 353 license has been suspended or revoked until a license shall be granted upon appeal 354 or due to the property’s compliance with this Chapter. No person whose license 355 has been revoked, and no person associated or connected with such person in the 356 conduct of such business, shall be granted a license for the same purpose for a 357 period of six months after the revocation has occurred. The Director may, for good 358 cause, waive the prohibition against persons formerly associated or connected with 359 an individual who has had a license revoked. 360 3. Any other remedies or financial penalties identified in the terms of the restrictive 361 covenant required by Section 21A.52.050.F.1, which shall be reasonably related to 362 enforcement of the terms of this Chapter, achieving the goals of this Chapter, 363 obtaining the number of units and level of affordability agreed to by the property 364 owner, or if such units and level of affordability cannot be obtained then to 365 eliminate the incentive(s) obtained or recoup the value thereof. 366 367 F. Eligibility Standards: Developments shall meet the criteria below to be eligible for 368 the authorized incentives: 369 1. Restrictive Covenant Required: 18 LEGISLATIVE DRAFT 370 a. Any owner who uses the incentives of this chapter shall enter into a 371 legally binding restrictive covenant, the form of which shall be 372 approved by the city attorney. Prior to the issuance of a building 373 permit for construction of a building using the incentives, the 374 restrictive covenant shall be recorded with the Salt Lake County 375 Recorder. The agreement shall provide for the following, without 376 limitation: acknowledge the use of the incentives, the nature of the 377 approval and any conditions thereof, the affordability requirements, 378 the terms of compliance with all applicable regulations, shall guarantee 379 compliance for a term of 30 years, and the potential enforcement 380 actions for any violation of the agreement. The agreement shall be 381 recorded on the property with the Salt Lake County Recorder, 382 guarantee that the affordability criteria will be met for at least 30 383 years, and future owners shall be subject thereto. 384 b. For an affordable homeownership unit, the restrictive covenant shall 385 also require a notice of sale be provided to the city and the city shall 386 have a right of first refusal to purchase any designated affordable unit 387 in accordance with a future sales price that is capped to comply with 388 Section 21A.52.050.F.2.b.2 below. 389 390 2. The affordable units shall be both income and rent/housing payment 391 restricted. 392 a. Income Restriction - The affordable units shall be made available only 393 to Eligible Households that are qualifying occupants with an annual 394 income at or below the SLC Area Median Income (“AMI”) as 395 applicable for the given affordable unit for Salt Lake City Utah, U.S. 396 Department of Housing and Urban Development (“HUD”) Metro 397 FMR Area (as periodically determined by the HUD and adjusted for 398 household size). 399 b. Rent/Housing Payment Restriction 400 (1) For an affordable rental unit, the monthly rent, including all 401 required housing costs per unit, such as utilities and other 402 charges uniformly assessed to all apartment units other than 403 charges for optional services, shall be set forth in a written 404 lease and shall not exceed, for the term of the lease, the 405 maximum monthly gross rental rate published annually by the 406 Utah Housing Corporation for affordable units located in Salt 407 Lake City for the percentage AMI as applicable for the given 408 affordable unit type. 409 (2) For an affordable homeownership unit, the annualized housing 410 payment, including mortgage principal and interest, private 411 mortgage insurance, property taxes, condominium and/or 412 homeowner's association fees, insurance, and parking, shall not 413 exceed thirty percent (30%) of the maximum monthly income 414 permissible for the AMI as applicable for the given affordable 19 LEGISLATIVE DRAFT 415 unit, assuming a household size equal to the number of 416 bedrooms in the unit plus one person. 417 3. Comparable units: Affordable units shall be comparable to market rate units, 418 if any, in the development including with respect to entrance location, 419 dispersion throughout the building or site, number of bedrooms, and access to 420 amenities, except as otherwise approved in the terms of the restrictive 421 covenant. This subpart does not apply to units in single- and two-family 422 zoning districts. 423 4. The property owner shall be ineligible for affordable housing incentives 424 pursuant to this Chapter if the property owner or its principals, partners, or 425 agents are under enforcement for any violation of Title 11, 18, 20, or 21. 426 427 G. Incentives: Developments are eligible for the incentives identified in this section. 428 Table 21A.52.050.G establishes the affordability requirements based on the zoning 429 district of the property. Sections 1 through 4 establish the modifications allowed 430 within each zoning district in order to be eligible for the affordability incentives. To 431 use the incentives, developments shall comply with the criteria applicable to the base 432 zoning districts. Any fractional number of units required shall be rounded up to the 433 nearest whole number. 434 Table 21A.52.050.G Incentive Types Types Incentive Type A. Applicable to the single- and two-family zoning districts: FR- 1, FR-2, FR-3, R-1/12,000, R- 1/7,000, R-1/5,000, R-2, SR-1, SR- 1A, and SR-3. Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 50% of the units shall be affordable to those with incomes at or below 100% AMI. 2. If an existing building is maintained as required in 21A.52.050.H.1.c, 25% of the units shall be affordable to those with incomes at or below 100% AMI. Affordable rental developments shall meet at least one of the following affordability criteria: 1. 50% of the units shall be affordable to those with incomes at or below 80% AMI. 2. If an existing building is maintained as required in 21A.52.050.H.1.c, a minimum of one of the units shall be affordable to those with incomes at or below 80% AMI. Type B. Applicable to residential multifamily zoning districts: RMF- 30, RMF-35, RMF-45, and RMF-75 Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 10% of the units shall be affordable to those with incomes at or below 80% AMI. 20 LEGISLATIVE DRAFT 2. 5% of the units shall be affordable to those with incomes at or below 60% AMI. Affordable rental developments shall meet at least one of the following affordability criteria: 1. 40% of the units shall be affordable to those with incomes at or below 60% AMI. 2. 20% of the units shall be affordable to those with incomes at or below 50% AMI. 3. 40% of units shall be affordable to those with incomes averaging no more than 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. Type C. Applicable to zoning districts not otherwise specified. Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 10% of the units shall be affordable to those with incomes at or below 80% AMI. 2. 5% of the units shall be affordable to those with incomes at or below 60% AMI. Affordable rental developments shall meet at least one of the following affordability criteria: 1. 20% of the units shall be affordable to those with incomes at or below 80% AMI. 2. 10% of the units shall be affordable to those with incomes at or below 60% AMI. 3. 10% of the units shall be affordable to those with incomes averaging at or below 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. 4. 5% of the units shall be affordable to those with incomes at or below 30% AMI. 5. 10% of the units shall be affordable to those with incomes at or below 80% AMI and these units must have two or more bedrooms. 6. 5% of the units shall be affordable to those with incomes at or below 60% AMI and these units must have two or more bedrooms. 7. 5% of the units shall be affordable to those with incomes at or below 80% AMI and these units must have three or more bedrooms. 435 436 1. Single- and Two-Family Zoning Districts: The following housing types: twin 437 home and two-family, three-family dwellings, four-family dwellings, row houses, 438 sideways row houses, and cottage developments are authorized in the FR-1, FR-2, 21 LEGISLATIVE DRAFT 439 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning 440 districts provided the affordability requirements for Type A in Table 441 21A.52.050.G are met. 442 2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying 443 provisions for density found in the minimum lot area and lot width tables for 444 the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the 445 RMF-30 zoning district, the minimum lot size per dwelling unit does not apply, 446 provided the affordability requirements for Type B in Table 21A.52.050.G are 447 met. 448 3. Incentives in the CB Community Business, CC Corridor Commercial, CG 449 General Commercial, and I Institutional Zoning Districts: 450 a.The following housing types: row houses, sideways row houses, and 451 cottage developments are authorized provided the affordability 452 requirements in subsection b. are complied with; 453 b.To be eligible for the incentives listed in this subsection a., a 454 development shall meet the affordability requirements for Type C in 455 Table 21A.52.050.G. 456 457 4. The following incentives are authorized in zoning districts provided the 458 affordability requirements for Type C in Table 21A.52.050.G are complied with: 459 a.Administrative design review provided the standards in 21A.59 are 460 met. Early engagement notice requirements to recognized 461 organizations are not applicable. 462 b.Additional building height may be added as indicated in the following 463 sections. The maximum height per story of additional building height 464 shall not exceed 12 feet. 465 (1)Residential districts: Zoning District Permitted Maximum Height with Incentive RMU-35 45’ with administrative design review, regardless of abutting use or zone. RMU-45 55’ with administrative design review, regardless of abutting use or zone. RB One additional story; density limitations listed in the land use table do not apply. RMU Three additional stories with administrative design review. RO One additional story. 466 467 (2)Commercial Districts: 468 Zoning District Permitted Maximum Height with Incentive SNB One additional story. CB One additional story. CN One additional story. CC 45’ with administrative design review; additional landscaping may be met by meeting requirements in 21A.52.050.H.3.c.5. 22 LEGISLATIVE DRAFT CG Two additional stories with administrative design review. Three additional stories with administrative design review for properties in the mapped area in Figure 21A.26.070.G. CSHBD1 129’ with administrative design review. CSHBD2 72’ with administrative design review. TSA-Transiti on One additional story with administrative review. TSA-Core Two additional stories with administrative review. 469 470 471 (3)Form-based districts: 472 [Note to codifier: use this table if FB-MU11 is adopted as of the date of this ordinance pursuant 473 to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] Zoning District Permitted Maximum Height with Incentive FB-MU11 Three additional stories with administrative design review. FB-UN2 One additional story. FB-SC One additional story. FB-SE One additional story. FB-UN1 Three stories, but not to exceed 30’ in height. 474 475 [Note to codifier: use this table if FB-MU11 is not adopted as of the date of this ordinance 476 pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior 477 table should be codified.] 478 Zoning District Permitted Maximum Height with Incentive FB-UN2 One additional story. FB-SC One additional story. FB-SE One additional story. FB-UN1 Three stories, but not to exceed 30’ in height. 479 480 (4)Downtown districts: 481 482 Zoning District Permitted Maximum Height with Incentive D-1 Administrative design review is permitted when a design review process is required. D-2 Two additional stories with administrative design review. D-3 Three additional stories with administrative design review. D-4 Three additional stories with administrative design review. 375’ and administrative design review in mapped area in 21A.30.045.E.2.b. 483 484 (5)Other districts: 485 23 LEGISLATIVE DRAFT Zoning District Permitted Maximum Height with Incentive GMU Two additional stories with administrative design review. MU 60’ with administrative design review. 486 487 c.Administrative design review is permitted for the following: 488 (6)Buildings in the CSHBD1 and CSHBD2 zoning district 489 that exceed 20,000 square feet in size. 490 (7)Buildings in the CB zoning district that exceed 7,500 491 gross square feet of floor area for a first-floor footprint or 492 in excess of 15,000 gross square feet floor area. 493 494 5. Planned Developments: A planned development is not required when the purpose 495 of the planned development is due to the following reasons cited below, subject to 496 approval by other city departments. If a development proposes any modification 497 that is not listed below, planned development approval is required. To be eligible 498 for the incentives in this section, a development shall meet the affordability 499 requirements for the applicable zoning district in Table 21A.52.040. 500 a.Multiple Buildings on a Single Parcel: More than one principal 501 building may be located on a single parcel and are allowed without 502 having public street frontage. This allowance supersedes the 503 restrictions of 21A.36.010.B; 504 b.Principal buildings with frontage on a paved public alley; 505 c.Principal buildings with frontage on a private street; 506 d.Development located in the Community Shopping (CS) “Planned 507 Development Review” in 21A.26.040.C. 508 509 H. Development Regulations: The following development regulations are intended to 510 provide supplemental regulations and modify standards of the base zoning district for 511 the purpose of making the affordable housing incentives more feasible and 512 compatible with existing development. Base zoning standards apply unless 513 specifically modified by this section and are in addition to modifications authorized in 514 Subsection 21A.52.050.G. If there are conflicts with design standards, the more 515 restrictive regulation shall apply and take precedence. These standards are not 516 allowed to be modified through the planned development process. 517 1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, 518 SR-1, SR-1A, and SR-3 zoning districts: 519 a. Parking: Unless there is a lesser parking requirement in 21A.44, only 520 one off-street parking space per unit is required. One detached garage 521 or covered parking space, no greater than 250 sq. ft. per unit, may be 522 provided for each unit and these structure(s) may exceed the yard and 523 building coverage requirements for accessory structures. When 524 covered parking is provided, the 250 sq. ft. per unit of covered parking 525 may be combined into a single structure for each required parking stall 526 provided. 24 LEGISLATIVE DRAFT 527 b. Yards: Minimum required yards shall apply to the perimeter of the 528 development and not to the individual principal buildings within the 529 development. 530 c. Density: 531 (1) Lots approved through a planned development prior to the 532 effective date of this Chapter are required to go through a 533 major modification of the planned development to use the 534 incentives. 535 (2) Lots may contain up to four units. Existing lots may be 536 divided such that each unit, not including accessory dwelling 537 units (ADUs), is on its own lot. The new lots are exempt from 538 minimum lot area, lot width, and lot frontage requirements. 539 This paragraph shall not apply to vertical developments. 540 (3) An ADU is considered one unit and counts toward the number 541 of units permitted. 542 (4) Arrangement of dwellings: 543 (A) New dwelling units may be arranged in any manner 544 within a building, as a second detached dwelling, as 545 attached units, or a cottage development with three or 546 more detached dwellings. 547 (B) When an existing building is maintained, new units 548 may be added internal to the existing structure, as an 549 addition, or as a second detached dwelling. Any 550 addition must comply with the standards of the base 551 zoning district; however, the addition may contain 552 additional units. 50% of the exterior walls of the 553 existing dwelling, including the front elevation, shall 554 remain as exterior walls. 555 (C) The units shall comply with this section, applicable 556 requirements of the base zoning district, and any 557 applicable overlay district. 558 559 2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the 560 following provisions shall apply: 561 a.Unit Mix: No more than 25% of the units in the development shall be 562 less than 500 square feet to promote a mix of unit sizes. 563 b.Parking: Unless there is a lesser parking requirement in 21A.44, only 564 one off-street parking space per unit is required in multifamily 565 developments with less than 10 units. 566 c.Yards: The minimum required yards shall apply to the perimeter of the 567 development and not to the individual principal buildings within the 568 development. 569 d.Lot width: Minimum lot width requirements do not apply. 570 571 3. In addition to applicable requirements in subsections 1 and 2 above, the following 572 provisions apply to the specific building types listed: 25 LEGISLATIVE DRAFT 573 a. Row house and Sideways row house 574 (1) Perimeter yard requirements: 575 (A) Front yards: The front yard and corner side yard of 576 the base zoning district apply. 577 (B) Side yards: A minimum of 10 feet on one side of the 578 building and 6 feet on the other interior side yard 579 unless a greater yard is required by the base zoning 580 district. 581 (C) Rear yard: The rear yard of the base zoning district 582 applies. 583 (2) Number of Units: To qualify for incentives in the FR-1, FR-2, 584 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR- 585 1A zoning districts there is a minimum of three and a 586 maximum of four residential dwelling units per building. 587 (3) Building length facing street: 588 (A) The building length shall not exceed 60 feet or the 589 average of the block face, whichever is less, in FR-1, 590 FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R- 591 2, SR-1, and SR-1A districts; 592 (B) The building length shall not exceed 100 feet in the 593 RMF-30, RMF-35, RMF-45 and RMF-75 districts; 594 and 595 (C) The building length shall not exceed 175 feet in other 596 zoning districts. 597 (4) Building entry facing street: At least one operable building 598 entrance on the ground floor is required for each unit facing 599 the primary street facing façade. All units adjacent to a 600 public street shall have the primary entrance on the street 601 facing façade of the building with an unenclosed entry porch, 602 canopy, or awning feature. The entry feature may encroach in 603 the front yard setback, but the encroachment shall not be 604 closer than 5 feet from the front property line. 605 (5) Building materials: 50% of any street facing facade shall be 606 clad in durable materials. Durable materials include stone, 607 brick, masonry, textured or patterned concrete, and fiber 608 cement board. Other materials may be used for the remainder 609 of the facade adjacent to a street. Other materials proposed to 610 satisfy the durable requirement may be approved at the 611 discretion of the planning director if it is found that the 612 proposed material is durable and is appropriate for the 613 structure. 614 (6) Parking requirement and location: Unless there is a lesser 615 parking requirement in 21A.44, only one off-street parking 616 space per unit is required. All provided parking shall be 617 located to the side of the street facing building façade, behind 618 a principal structure that has frontage on a street, or within 26 LEGISLATIVE DRAFT 619 the principal structure subject to any other applicable 620 provision. 621 (7) Garage doors facing street: Garage doors are prohibited on 622 the façade of the building that is parallel to, or located along, 623 a public street. 624 (8) Personal outdoor space: Each unit shall have a minimum 625 outdoor space of 60 square feet where the minimum 626 measurement of any side cannot be less than 6 feet. 627 (9) Glass: The surface area of the façade of each floor facing a 628 street must contain a minimum of 15% glass. 629 (10) Blank wall: The maximum length of any blank wall 630 uninterrupted by windows, doors, or architectural detailing at 631 the ground floor level along any street facing façade is 15’. 632 (11) Screening of mechanical equipment: All mechanical 633 equipment shall be screened from public view and sited to 634 minimize their visibility and impact. Examples of siting 635 include on the roof, enclosed or otherwise integrated into the 636 architectural design of the building, or in a rear or side yard 637 area subject to yard location restrictions found in section 638 21A.36.020, table 21A.36.020B, “Obstructions In Required 639 Yards” of this title. 640 641 Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House 642 643 Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House 27 LEGISLATIVE DRAFT 644 645 b. Cottage Development 646 (1) Perimeter yard requirements: 647 (A) Front yards: The front yard and corner side yard of the 648 base zoning district apply. 649 (B) Side yards: A minimum of 10 feet on one side of the 650 property line and 6 feet on the other interior side yard, 651 unless a greater yard is required by the base zoning 652 district. 653 (C) Rear yard: The rear yard of the base zoning district 654 applies. 655 (2) Setbacks Between Individual Cottages: All cottages shall have 656 a minimum setback of eight feet from another cottage. 657 (3) Area: No cottage shall have more than 850 square feet of gross 658 floor area, excluding basement area. There is no minimum 659 square foot requirement. 660 (4) Building Entrance: All building entrances shall face a public 661 street or a common open space. 662 (5) Building materials: 50% of any street facing facade shall be 663 clad in durable materials. Durable materials include stone, 664 brick, masonry, textured or patterned concrete, and fiber 665 cement board. Other materials may be used for the remainder 666 of the facade adjacent to a street. Other materials proposed to 667 satisfy the durable requirement may be approved at the 668 discretion of the planning director if it is found that the 28 LEGISLATIVE DRAFT 669 proposed material is durable and is appropriate for the 670 structure. 671 (6) Open Space: A minimum of 250 square feet of common, open 672 space is required per cottage. At least 50% of the open space 673 shall be in a courtyard or other common, usable open space. 674 The development shall include landscaping, walkways or other 675 amenities intended to serve the residents of the development. 676 (7) Personal Outdoor Space: In addition to the open space 677 requirement in this section, a minimum of 120 square feet of 678 private open space is required per cottage. The open space 679 shall provide a private yard area for each cottage and will be 680 separated with a fence, hedge, or other visual separation to 681 distinguish the private space. 682 (8) Parking: Unless there is a lesser parking requirement in 683 21A.44, one off-street parking space per unit is required. All 684 provided parking shall be located to the side of a street facing 685 building façade, behind a principal structure that has frontage 686 on a street, or within the principal structure subject to any other 687 applicable provision. 688 c. In addition to applicable requirements in 21A.52.050.H above, the 689 following provisions apply to all other buildings containing more than 690 two residential units. If the base zone has a greater design standard 691 requirement, that standard applies. 692 (1) Perimeter yard requirements: 693 (A) Front yards: The front yard and corner side yard 694 setback of the base zoning district apply. 695 (B) Side yards: For housing types not otherwise allowed in 696 the zoning district, a minimum of 10 feet on each side 697 property line, unless a greater setback is required for 698 single-family homes. 699 (C) Rear yards: The rear yard of the base zoning district 700 applies. 701 (2) Building entrances: The ground floor shall have a primary 702 entrance on the street facing façade of the building with an 703 unenclosed entry porch, canopy, or awning feature. Stairs to 704 second floor units are not permitted on street facing elevations. 705 (3) Glass: The surface area of the façade of each floor facing a 706 street must contain a minimum of 15% glass. 707 (4) Building materials: 50% of any street facing facade shall be 708 clad in durable materials. Durable materials include stone, 709 brick, masonry, textured or patterned concrete, and fiber 710 cement board. Other materials may be used for the remainder 711 of the facade adjacent to a street. Other materials proposed to 712 satisfy the durable requirement may be approved at the 713 discretion of the planning director if it is found that the 29 LEGISLATIVE DRAFT 714 proposed material is durable and is appropriate for the 715 structure. 716 (5) Open space: Open space area may include landscaped yards, 717 patios, dining areas, and other similar outdoor living spaces. 718 All required open space areas shall be accessible to all 719 residents or users of the building. 720 (A) Single- and two-family zoning districts: 120 sq. ft. of 721 open space with a minimum width of 6 ft. shall be 722 provided for each building with a dwelling. 723 (B) All other zoning districts: A minimum of 10% of the 724 land area within the development shall be open space, 725 up to 5,000 square feet. Open space may include 726 courtyards, rooftop and terrace gardens and other 727 similar types of open space amenities. All required 728 open space areas shall be accessible to all residents or 729 users of the building. 730 d. Single- and Two-family Dwellings: No additional design standards except 731 as identified in 21A.24. 732 e. Lots without public street frontage may be created to accommodate 733 developments without planned development approval subject to the 734 following standards: 735 (1) Required yards shall be applied to the overall development 736 site not individual lots within the development. The front and 737 corner yards of the perimeter shall be maintained as landscaped 738 yards; 739 (2) Lot coverage shall be calculated for the overall development 740 not individual lots within the development; and 741 (3) Required off street parking stalls for a unit within the 742 development are permitted on any lot within the development. 743 (4) The subdivision shall be finalized with a final plat and the final 744 plat shall document that the new lot(s) has adequate access to a 745 public street by way of easements or a shared driveway or 746 private street; and 747 (5) An entity, such as a homeowner association, must be 748 established for the operation and maintenance of any common 749 infrastructure. Documentation establishing that entity must be 750 recorded with the final plat. 751 752 SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That 753 Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose 754 Statements) shall be and hereby is amended to read as follows: 30 LEGISLATIVE DRAFT 755 1. At least twenty percent (20%) of the housing must be for those with incomes that are at 756 or below eighty percent (80%) of the area median income. Affordable housing that meets 757 the requirements of 21A.52.050. 758 759 SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 760 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 761 hereby is amended to add the following terms in the list of defined terms to be inserted into that list 762 in alphabetical order: 763 Affordable Housing 764 Affordable Housing Incentives Development 765 Dwelling, Three-family 766 Dwelling, Four-family 767 Dwelling, Row House 768 Dwelling, Sideways Row House 769 Dwelling, Cottage Development 770 771 SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That 772 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall 773 be and hereby is amended as follows: 774 a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of 775 “AFFORDABLE HOUSING” be added and inserted into the list of definitions in 776 alphabetical order and read as follows: 777 AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable, 778 rent-restricted. The affordable units shall be made available only to individuals and 779 households that are qualifying occupants at or below the applicable percentage of the area 780 median income for the Salt Lake City Utah, U.S. Department of Housing and Urban 781 Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as 782 periodically determined by HUD and adjusted for household size) and published by the Utah 783 Housing Corporation, or its successor. Affordable (30% of gross income for housing costs, 784 including utilities) housing units must accommodate at least one of the following categories: 785 a. Extremely Low-Income Affordable Units: Housing units accommodating up to 786 30% AMI; 787 b. Very Low-Income Affordable Units: Housing units accommodating greater than 30% 788 and up to 50% AMI; or 31 LEGISLATIVE DRAFT 789 c. Low-Income Affordable Units: Housing units accommodating greater than 50% and 790 up to 80% AMI. 791 792 b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES 793 DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES 794 DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order 795 and read as follows: 796 AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that 797 meets the criteria in 21A.52.050. 798 799 c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of 800 “DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in 801 alphabetical order and read as follows: 802 DWELLING, THREE-FAMILY: A detached building containing three dwelling units. 803 d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of 804 “DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in 805 alphabetical order and read as follows: 806 DWELLING, FOUR-FAMILY: A detached building containing four dwelling units. 807 e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of 808 “DWELLING, ROW HOUSE” be added and inserted into the list of definitions in 809 alphabetical order and read as follows: 810 DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least 811 one common wall with an adjacent dwelling unit and where the entry of each unit faces a 812 public street. Units may be stacked vertically and/or attached horizontally. Each attached unit 813 may be on its own lot. 814 f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition 815 of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of 816 definitions in alphabetical order and read as follows: 32 LEGISLATIVE DRAFT 817 DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that 818 share at least one common wall with an adjacent dwelling unit and where the entry of each 819 unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or 820 attached horizontally. Each attached unit may be on its own lot. 821 g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the 822 definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into 823 the list of definitions in alphabetical order and read as follows: 824 DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified 825 development that contains a minimum of two and a maximum of eight detached dwelling 826 units with each unit appearing to be a small single-family dwelling with a common green or 827 open space. Dwellings may be located on separate lots or grouped on one lot. 828 829 SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee 830 Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the 831 attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule 832 shall be published on the official Salt Lake City website. 833 SECTION 21. Effective Date. The city recorder is hereby directed to publish this ordinance 834 forthwith but it will not become effective until April 30, 2024. 835 Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 836 202__. 837 838 ______________________________ 839 CHAIRPERSON 840 ATTEST AND COUNTERSIGN: 841 842 ______________________________ 843 CITY RECORDER 844 845 846 33 LEGISLATIVE DRAFT 847 848 849 Transmitted to Mayor on _______________________. 850 851 852 Mayor’s Action: _______Approved. _______Vetoed 853 854 855 ______________________________ 856 MAYOR 857 858 ______________________________ 859 CITY RECORDER 860 861 (SEAL) 862 863 Bill No. ________ of 202__. 864 Published: ______________.865 Ordinance creating affordable housing incentives866 34 LEGISLATIVE DRAFT 867 EXHIBIT A 868 869 Service Fee Additional Information Section Affordable Housing Incentives Fines Noncompliance violation $100/affordable unit/day Plus rental difference 21A.20.040.B 870