Ordinance 35 of 1999

SALT LAKE CITY ORDINANCE

No. 35 of 1999

(Amending the Salt Lake City Zoning Code)

AN ORDINANCE AMENDING THE SALT LAKE CITY ZONING CODE, PURSUANT TO PETITION NO. 400-97-70.

WHEREAS, the existing Salt Lake City Zoning Code was adopted in April, 1995; and WHEREAS, upon further review, it is apparent that certain minor corrections, amendments and clarifications to the zoning ordinance should be made; and WHEREAS, these proposed amendments have been reviewed and approved by the Salt Lake City Planning Commission; and

WHEREAS, it appears that these amendments to the zoning code are in the best interest of the City;

NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

SECTION 1. That Section 21A.04.030 of the Salt Lake City Code shall be and hereby is amended to read as follows:

21 A. 04.030 Building/Demolition permits required.

It is unlawful, whether acting as owner, occupant or contractor, or otherwise to erect, construct, reconstruct, alter, demolish, or change the use of any building or other structure within Salt Lake City contrary to any provisions of this title without first obtaining a building or demolition permit from the division of building services and licensing unless the proposed improvements are such that the division of building services and licensing does not require a permit. It is also unlawful for any person, whether acting as owner, occupant or contractor to install any hard surfacing material, other than sidewalks, ornamental landscaping features, or for the minor repair of existing legal hard surfaced areas on any property without first obtaining a building permit from the division of building services and licensing. It is also unlawful for any person, whether acting as an owner, occupant or contractor, to install accessory structures without first obtaining a building permit from the division of building services and licensing, unless the Uniform Building Code excludes such accessory structure from a building permit requirement.

SECTION 2. Section 21A.10.020 A.2, 3 and 3.a of the Salt Lake City Code shall be and hereby is amended to read as follows:

2. Mailing. Notice by first-class mail shall be provided a minimum of fourteen calendar days in advance of the public hearing to all owners of the land, as shown on the latest published property tax records of the county assessor, included in the application for a special exception, variance, or an appeal of a decision by the zoning administrator, as well as to all owners of land, as shown on the latest published property tax records of the county assessor, within eighty-five feet or three hundred feet if the proposal involves construction of a new principal building (exclusive of intervening streets), of the periphery of the land subject to the application for a special exception for a variance, or a decision by the zoning administrator. Notice shall be given to each individual property owner if an affected property is held in condominium ownership.

3. Posting. The land subject to an application shall be posted by the city with a sign giving notice of the public hearing at least ten calendar days in advance of the public hearing.

a. Location. One notice shall be posted for each five hundred feet of frontage, or portion thereof, along a public street. At least one sign shall be posted on each public street. The sign(s) shall be located on the property subject to the request or petition and shall be set back no more than twenty-five feet from the front property line and shall be visible from the street. Where the land does not have frontage on a public street, signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land subject to the application.

SECTION 3. Section 21A.10.020 B.1, 2 and 2.a of the Salt Lake City Code shall be and hereby is amended to read as follows:

1. Mailing. Notice by first-class mail shall be provided a minimum of fourteen calendar days in advance of the public hearing, to all owners of the land, as shown on the latest published property tax records of the county assessor, included in the application for a conditional use, as well as to all owners of land, as shown on the latest published property tax records of the county assessor, within three hundred feet (exclusive of intervening streets), of the periphery of the land subject to the application for a conditional use. Notice shall be given to each individual property owner if an affected property is held in condominium ownership.

2. Posting. The land subject to an application shall be posted by the city with a sign giving notice of the public hearing at least ten calendar days in advance of the public hearing.

SECTION 4. Section 21A.10.020 C.1 of the Salt Lake City Code shall be and hereby is amended to read as follows:

1. Mailing. Notice by first-class mail shall be provided a minimum of fourteen calendar days in advance of the planning commission public hearing, to all owners of the land, as shown on the latest published property tax records of the county assessor, included in the application requiring design review, as well as to all owners of land, as shown on the latest published property tax records of the county assessor, within one hundred feet (exclusive of intervening streets), of the periphery of the land subject to the application requiring design review. Notice shall be given to each individual property owner if an affected property is held in condominium ownership.

SECTION 5. Section 21A.10.020 D.2, 3, and 3.a of the Salt Lake City Code shall be and hereby is amended to read as follows:

2. Mailing. Notice by first-class mail shall be provided a minimum of fourteen calendar days in advance of the public hearing(s) before the planning commission, city council and the historic landmark commission, where applicable, to all owners of the land as shown on the latest published property tax records of the county assessor, included in the application for a zoning amendment as well as to all owners of land, as shown on the latest published property tax records of the county assessor, within three hundred feet (exclusive of intervening streets), of the periphery of the land subject to the application for an amendment to the zoning map. Notice for amendments to the text of this title shall not require a mailing of notice to property owners. Required notice shall be given to each individual property owner if an affected property is held in condominium ownership.

3. Posting. The property(ies) subject to an application for an amendment to the zoning map shall be posted by the city with a notice on a sign of the planning commission, historic landmark commission, and city council public hearing at least ten calendar days in advance of the public hearings.

a. Location. One notice shall be posted for each five hundred feet of frontage, or portion thereof, along a public street. At least one sign shall be posted on each public street. The sign(s) shall be located on the property subject to the request or petition and shall be set back no more than twenty-five feet from the front property line and shall be visible from the street. If the owner of the property is not the applicant and the owner objects to the petition, then the sign may be placed on the public right-of-way in front of the property. Where the land does not have frontage on a public street, signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land subject to the application.

SECTION 6. Section 21A.10.020 E.1, 2 and 2.a of the Salt Lake City Code shall be and

hereby is amended to read as follows:

1. Mailing. Notice by first-class mail shall be provided a minimum of fourteen calendar days in advance of the public hearing, or determination of noncontributing status involving demolition, to all owners of the land, as shown on the latest published property tax records of the county assessor, included in the application for certificates of appropriateness for new construction, relocation and demolition, as well as to all owners of land, as shown on the latest published property tax records of the county assessor, within eight-five feet for certificates of appropriateness for alterations and three hundred feet for certificates of appropriateness for new construction, relocation and demolition (exclusive of intervening streets), of the periphery of the land subject to the application of a landmark site or contributing structure(s) in the H historic preservation overlay district. Notice shall be given to each individual property owner if an affected property is held in condominium ownership.

2. Posting. The land subject to an application for demolition, or relocation of a landmark site or contributing structure (s) located in the H historic preservation overlay district shall be posted by the city with a notice on a sign of the public hearing at least ten calendar days in advance of the public hearing.

SECTION 7. Section 21A.10.020 F of the Salt Lake City Code shall be and hereby is amended to read as follows:

F. Determination of Noncontributing Status Within an H Historic Preservation Overlay District. Prior to the approval of an administrative decision for a certificate of appropriateness for demolition of a noncontributing structure, the planning director shall provide written notice of the determination of noncontributing status of the property to all owners of the land, as shown on the latest published property tax records of the county assessor, included in the application for determination of noncontributing status, as well as to the historic landmark commission and to all owners of land as shown on the latest published property tax records of the county assessor within eighty-five feet (exclusive of intervening streets) of the land subject to the application. At the end of the fourteen-day notice period, the planning director shall either issue a certificate of appropriateness for demolition or refer the application to the historic landmark commission.

SECTION 8. Section 21A.14.010 of the Salt Lake City Code shall be and hereby is amended to read as follows:

21A.14.010 Purpose statement.

The purpose of this chapter is to enable routine and uncontested matters as designated by the board of adjustment pursuant to Section 21A.14.030 to be determined administratively by the zoning administrator as a Routine and Uncontested Matter, in accordance with the procedures set forth in Section 21A.14.060

SECTION 9. Section 21A.14.015 of the Salt Lake City Code shall be and hereby is enacted to read as follows:

21A.14.015 Definition.

A Routine and Uncontested Matter is a Special Exception which the Board of Adjustment has delegated to the Zoning Administrator to be determined administratively because of its routine and uncontested nature. Routine and Uncontested Matters shall be decided using the same criteria that the Board of Adjustment would use for determining special exceptions.

SECTION 10. Chapter 21A.20 of the Salt Lake City Code shall be and hereby is amended to read as follows:

21A.20.010 Defined Terms.

In this chapter, the words, terms, phrases and their derivatives shall have the meanings as stated and defined in this chapter.

A. “Citation deadline” shall mean the date identified in the second notice of violation, including any authorized extension of time.

B. “First notice” shall mean the initial notice informing the person cited that a zoning violation exists.

C. “Notice of compliance” shall mean a written notice informing the person cited that the violation has been cured.

D. “Person cited” shall mean the owner, owner’s agent, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs or creates any situation that is contrary to the requirements of this title, and who received the notice of violation and is being held responsible for the violation.

E. “Second notice” shall mean the notice informing the person cited of the date that civil fines will begin to accrue if the zoning violation is not corrected.

21.A.20.020 Complaints regarding violations.

The supervisor of zoning enforcement or designee may investigate any complaint alleging a violation of this title and take such action as is warranted in accordance with the procedures set forth in this chapter.

21A.20.030 Procedures upon discovery of violations.

A. If the supervisor of zoning enforcement finds that any provision of this title is being violated, the supervisor of zoning enforcement may provide a written notice to the property owner and any other person determined to be responsible for such violation. The written notice shall indicate the nature of the violation and order the action necessary to correct it. Additional written notices may be provided at the supervisor of zoning enforcement’s discretion.

B. The written notice shall state what action the supervisor of zoning enforcement intends to take if the violation is not corrected. The written notice shall include information regarding the established warning period for the indicated violations and shall serve to start any warning periods provided in this chapter.

C. Such written notice issued by the supervisor of zoning enforcement shall be deemed sufficient and complete when served upon the owner or occupant:

1. Personally by the inspector or his or her representative; or by mailing, postage prepaid, by certified mail, return receipt requested, addressed to the owner or occupant at the last known address appearing on the records of the county recorder; and 2. By posting notice on the property where said violation(s) occur.

D. In cases when delay in enforcement would seriously threaten the effective enforcement of this title, or pose a danger to the public health, safety or welfare, the supervisor of zoning enforcement may seek enforcement without prior written notice by invoking any of the fines or remedies authorized in Section 21A.20.050.

E. If the violation remains uncured within five days of the expiration of the warning period, a second notice of violation shall be delivered by mailing, postage prepaid, addressed to the person cited at the last known address appearing on the records of the county recorder. The second notice shall serve to start the civil fines.

21A.20.040 Fines for violations.

A. Violations of the provisions of this title or failure to comply with any of its requirements shall be punishable as a Class B misdemeanor upon conviction.

B. This title may also be enforced by injunction, mandamus, abatement, civil fines or any other appropriate action in law or equity.

C. Each day that any violation continues after the citation deadline shall be considered a separate offense for purposes of the fines and remedies available to the city.

D. Accumulation of fines for violations, but not the obligation for payment of fines already accrued, shall stop upon correction of the violation.

E. Any one or more of the fines and remedies identified herein may be used to enforce this title.

21A.20.050 Civil fines.

If the violations are not corrected by the citation deadline, civil fines shall accrue at $25.00 dollars a day per violation for properties in residential zoning districts and $100.00 per day per violation for properties in non-residential zoning districts.

21A.20.060 Daily Violations.

Each day a violation continues after the citation deadline shall give rise to a separate civil fine.

21A.20.070 Compliance

The city may use such lawful means as are available to obtain compliance and to collect the amount of any fines accrued, including costs and attorney’s fees.

21A.20.080 Recurring Violations

In the case where a violation, which had been corrected, reoccurs within 6 months of the initial correction, the City will begin enforcement of said recurring violation and fines will begin accruing after a ten (10) day warning period.

21A.20.090 Appearance Before a Hearing Officer.

A. Right to appear. Any person cited may appear before a hearing officer to appeal the amount of the fine imposed. However, no party may appear before a hearing officer until violations identified have been corrected and a notice of compliance has been issued. Appeals to the hearing officer contesting the amount of the fine imposed, must be filed within 30 days from the date of the notice of compliance.

B. The burden to prove any defense shall be upon the person raising such defense.

C. Commencement of any action to remove or reduce fines shall not relieve the responsibility of any person cited to cure the violation or make payment of subsequently accrued civil fines nor shall it require the city to reissue any of the notices required by this chapter.

21A.20.100 Appeal of Administrative Decision.

The decision of the supervisor of zoning enforcement regarding the existence of the zoning violation shall be deemed an administrative decision which may be appealed to the Board of Adjustment within 30 days of the date of the first notice.

21A.20.110. Hearing Officer Duties

A. The mayor or his/her designee, shall appoint such hearing officers as the mayor, or his/her designee, deems appropriate to consider matters relating to the violation of this title. The hearing officer shall have the authority to hear evidence relating to mitigating circumstances and to make such equitable adjustments as he/she deems appropriate, as set forth below:

1. The hearing officer may adjust, reduce or eliminate fines or create payment plans relating to fines accrued by the person cited. In the administration of this duty, the hearing officer may reduce or eliminate fines based upon any circumstance or other equitable consideration the hearing officer finds to be applicable. In cases where the administrative process has not been followed by the division, the hearing officer has the authority to reduce or eliminate fines.

2. Payment plans may be created by the hearing officer. Although the hearing officer has the ultimate authority in establishing the payment schedule, the minimum payment schedule provided by the department of Community and Economic Development should be followed.

21A.20.120 Dismissal Criteria.

A. If the hearing officer finds that no violation occurred and/or a violation occurred but one or more of the defenses set forth in this section is applicable, the hearing officer may dismiss the notice of violation. Such defenses are:

1. At the time of the receipt of the notice of violation, compliance would have violated the criminal laws of the state of Utah;

2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property.

21A.20.130 Acceptance of Hearing Officer Decision

If the hearing officer finds that a violation of this title occurred and no applicable defense exists, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable fine. The person cited has fourteen (14) days in which to accept the decision of the hearing officer. If the person cited does not accept the decision of the hearing officer, any agreement to modify the fine or set up a payment schedule by the hearing officer is void and the City will attempt to collect the original amount of the fine.

21A.20.140. Abatement for Correction and Payment.

A. Civil fines may be partially abated after the violation is cured and at the discretion of a hearing officer if any of the following conditions exist:

1. The violation includes landscaping in which case the time for payment and correction of landscaping violations may be abated from October 15th through the next April 1st or such other times as caused by weather conditions adverse to successful landscaping.

2. Strict compliance with the notice and order would have caused an imminent and irreparable injury to persons or property. 3. The violation and inability to cure were both caused by a force majeure event such as war, act of nature, strike or civil disturbance.

4. A change in the actual ownership of the property was recorded with the Salt Lake County recorder’s office after the first or second notice was issued and the new owner is not related by blood, marriage or common ownership to the prior owner.

5. Such other mitigating circumstances as may be approved by the city attorney or designee.

B. If the hearing officer finds that the noticed violation occurred and no applicable defense applies, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the delayed or periodic payment of the applicable fine.

C. Once a payment schedule has been developed by the hearing officer, and agreed to by the person cited, failure to submit any two payments as scheduled would require payment of the entire amount of the original fine immediately.

SECTION 11. Section 21A.24.010 G.11 of the Salt Lake City Code shall be and hereby is enacted to read as follows:

11. In addition to any other provisions that may apply, the creation of a flag lot is considered a subdivision and shall be subject to applicable subdivision regulations and processes.

SECTION 12. Section 21A.24.010 O.6.b of the Salt Lake City Code shall be and hereby is amended to read as follows:

b. As necessary to construct driveway access from the street to the garage or parking area grade changes and/or retaining walls up to six feet from the established grade may be permitted.

SECTION 13. Section 21A.24.010 O.8 and 9 of the Salt Lake City Code shall be and hereby is amended to read as follows:

8. Retaining Walls. All cuts and fills in excess of two feet shall be supported by retaining walls if required by the zoning administrator. Any stacking of rocks to create a rock wall in excess of a thirty percent slope, that is intended to retain soil, shall be considered a retaining wall. No retaining wall may exceed four feet in height above the established grade except as provided in subsections O6a and b of this section. In a terrace of retaining walls, each four-foot vertical retaining wall must be separated by a minimum of three horizontal feet, and any six-foot retaining wall must be separated from any other retaining wall by a minimum of five horizontal feet. The horizontal area between terraced retaining walls shall be landscaped with vegetation. All retaining walls, in excess of four feet in height, shall be approved by an engineer licensed by the state of Utah, and the engineer’s approval shall be consistent with the provisions of a geotechnical report. The zoning administrator may require an engineer’s approval for retaining walls less than four feet in height if the zoning administrator determines that there are sufficient risk factors, such as slope, soil stability, or proximity to structures on adjacent property.

9. Roads and Driveways. To ensure that private roads and driveways minimize impact on the natural landscape, plans for the design and improvement of roads and driveways shall be subject to review and approval by the city engineer and fire department as a condition of building permit issuance. Design standards and guidelines for private roads and driveways shall include the following:

a. Driveways which serve more than one parcel are encouraged as a method of reducing unnecessary grading, paving, and site disturbance. The drive approach for driveways which serve more than one parcel shall not exceed the standard widths for drive approaches as specified by the Salt Lake City Transportation Division.

b. Driveway approaches shall not be located within six feet of any side property line. Exceptions may be considered by the Development Review Team, based on the driveway slope and dimension, slope of the roadway or lot, location of existing drive approaches serving abutting properties, and proposed uses.

1. Driveway approaches shall maintain a twelve foot separation from another drive approach. Drive approaches shall be located ten feet from a corner property line or five feet from the termination of a corner curb radius; whichever is greater. Drive approaches located along a designated right turn lane shall maintain a 50 foot setback from the termination of a corner curb radius. Exceptions to these requirements may be approved by the Development Review Team.

c. A driveway shall not exceed sixteen percent average slope with standard vertical curve transitions from the property line to a legal parking space.

1. The cross slope of driveways should not exceed four percent.

d. Driveway approaches shall maintain a five foot offset from power poles, fire hydrants, trees or any other roadside hazards. Exceptions to the requirement may be approved by the Development Review Team.

e. Sight obstructions along driveways shall maintain a ten-foot wide by ten foot deep sight distance triangle as noted in figure 21A.62.050.I. Obstructions in the required sight distance triangle shall generally not exceed 30 inches in height. Exceptions may be approved by the Development Review Team based upon location and type of material.

SECTION 14. Section 21A.24.010 S.2.b.i of the Salt Lake City Code shall be and hereby is amended to read as follows:

i. The structure is designated as a landmark site on the Salt Lake City register of cultural resources. The designation process must be completed prior to the City accepting a conditional use application for the structure unless the Planning Director determines that it is in the best interest of the City to process the designation and conditional use applications together because of the risk of probable demolition.

SECTION 15. Section 21A.24.010 U of the Salt Lake City Code shall be and hereby is enacted to read as follows:

U. Building Height Controls Based on Topography. The maximum height of single family, two-family or twin home buildings on any lot which slopes, in any zoning district, may be determined as indicated in Section 21A.24.010 O.1.c, Special Building Height Controls for Foothill Zoning Districts. The maximum building height, when determining height by this method, shall be the same as the maximum height for the FR-2 and FR-3 zoning districts.

SECTION 16. Section 21A.24.040 E.3 of the Salt Lake City Code shall be and hereby is amended to read as follows:

3. Interior Side Yard. Ten Feet (if a sideyard is specified in the recorded

subdivision plat, the requirement specified on the plat shall prevail.)

SECTION 17. Section 21A.24.050 E.4 of the Salt Lake City Code shall be and hereby is amended to read as follows:

4. Rear Yard. Twenty-five feet.

SECTION 18. Section 21A.24.130 E.4 of the Salt Lake City Code shall be and hereby is amended to read as follows:

4. Rear Yard. Twenty-five percent of the lot depth, but not less than twenty feet and need not exceed twenty-five feet.

SECTION 19. Section 21A.24.130 E.6 of the Salt Lake City Code shall be and hereby is amended to read as follows:

6. Existing Yards. For buildings legally existing on April 12, 1995, the required yard shall be no greater than the established setback line of the existing building unless the proposed yard encroachment is to accommodate additional units. New principal buildings must conform to current yard area requirements, unless the new principal two family dwelling or twin home has legal conforming status as outlined in Section 21A.38.120.

SECTION 20. The table entitled “Table of Permitted and Conditional Uses for Residential Districts,” located at Section 21A.24.190 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “A” attached hereto.

SECTION 21. The table entitled “Summary Table of Yard and Bulk Requirements — Residential Districts,” located at Section 21A.24.200 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “B” attached hereto.

SECTION 22. Section 21A.26.010 J.2.a of the Salt Lake City Code shall be and hereby is amended to read as follows:

a. Conditional Use. As a conditional use for properties on a sloping lot in commercial zoning districts, pursuant to Part V, Chapter 21A.54, Conditional Uses, the planning commission may allow additional building height of more than ten percent of the maximum height, but not more than one additional story, if the first floor of the building exceeds twenty thousand square feet. The additional story shall not be exposed on more than fifty percent of the total building elevations.

SECTION 23. Section 21A.26.010 K.1.a of the Salt Lake City Code shall be and hereby is amended to read as follows:

a. Standards. In addition to the standards for conditional uses, Section 21A.54.080, the planning commission shall find the following:

i. The structure is designated as a landmark site on the Salt Lake City register of cultural resources. The designation process must be completed prior to the City accepting a conditional use application for the structure unless the Planning Director determines that it is in the best interest of the City to process the designation and conditional use applications at the same time because of the risk of probable demolition.

ii. The use is conducive to the preservation of the landmark site;

iii. The use is compatible with the surrounding residential neighborhood; and

iv. The use does not result in the removal of residential characteristics of the structure (if the structure is a residential structure), including mature landscaping.

SECTION 24. Section 21A.26.040 H of the Salt Lake City Code shall be and hereby is amended to read as follows:

H. Access Restrictions. To maintain safe traffic conditions, lots in the CS community shopping district shall not exceed one driveway per one hundred fifty feet of frontage on arterial or major collector streets. The location of driveways shall be subject to review by the Development Review Team through the Site Plan Review process.

SECTION 25. Section 21A.26.060 E.2 of the Salt Lake City Code shall be and hereby is amended to read as follows:

B. 2. Interior Side Yards. None required.

SECTION 26. Section 21A.26.060 H of the Salt Lake City Code shall be and hereby is amended to read as follows:

H. Minimum First Floor Glass. The first floor street front and front elevation on all new commercial and office buildings or buildings in which the property owner is modifying the size of windows on the front facade within the CSHBD Sugar House business zoning district, shall be at least forty percent non reflective glass surfaces. The Zoning Administrator may approve a modification to this requirement, as a Routine and Uncontested Special Exception pursuant to the procedures found in Part II, Chapter 21A.14 Routine and Uncontested Matters, if the Zoning Administrator finds:

1. The requirement would negatively impact the historic character of the building, or 2. The requirement would negatively impact the structural stability of the building.

SECTION 27. Section 21A.26.070 D.3 of the Salt Lake City Code shall be and hereby is amended to read as follows:

D. 3. Interior Side Yard. None required.

SECTION 28. The table entitled “Table of Permitted and Conditional Uses for Commercial Districts,” located at Section 21A.26.080 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “C” attached hereto.

SECTION 29. The table entitled “Summary Table Yard and Bulk Requirements — Commercial Districts,” located at Section 21A.26.090 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “D” attached hereto.

SECTION 30. Section 21A.28.030 D of the Salt Lake City Code shall be and hereby is amended to read as follows:

D. Minimum Yard Requirements

1. Front Yard. Twenty-five feet.

2. Corner Side Yard. Fifteen feet.

SECTION 31. Section 21A.28.030 E of the Salt Lake City Code shall be and hereby is amended to read as follows:

E. Landscape Yard Requirements. The first twenty-five feet of all required front yards and the first fifteen feet of all required corner side yards shall be maintained as landscape yards in conformance with the requirements of Part IV, Chapter 21A.48, Landscaping and Buffers, including Section 21A.48.1 10, Freeway scenic landscape setbacks.

SECTION 32. The table entitled “Table of Permitted and Conditional Uses for Manufacturing Districts,” located at Section 21A.28.040 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “E” attached hereto.

SECTION 33. Section 21A.30.020 D.4 of the Salt Lake City Code shall be and hereby is amended to read as follows:

4. Minimum First Floor Glass. The first floor elevation facing a street of all new buildings or buildings in which the property owner is modifying the size of windows on the front facade within the D-l central business district shall be at least forty percent glass surfaces, except that in the Main Street retail core where this requirement shall be sixty-percent. All first floor glass in the Main Street retail core shall be non reflective-type glass. Exceptions to this requirement may be authorized as conditional uses, subject to the requirements of Part V, Chapter 21A.54, Conditional Uses. The Zoning Administrator may approve a modification to this requirement, as a Routine and Uncontested Special Exception, pursuant to the procedures found in Part II, Chapter 21 A. 14 Routine and Uncontested Matters, if the Zoning Administrator finds:

1. The requirement would negatively impact the historic character of the

building, or

2. The requirement would negatively impact the structural stability of the

building.

SECTION 34. Section 21A.30.020 D.8 of the Salt Lake City Code shall be and hereby is enacted to read as follows:

8. Mid-Block Walkways. As part of the City’s plan for the downtown area, it is intended that mid-block walkways be provided to facilitate pedestrian movement within the area. To delineate the public need for such walkways, the City has formulated an official plan for their location and implementation, which is on file at the Planning Division office. All buildings constructed after the effective date of this Ordinance within the D- 1 Central Business District shall conform to this officially adopted plan for mid-block walkways.

SECTION 35. Section 21A.30.020 E.6 of the Salt Lake City Code shall be and hereby is amended to read as follows:

6. Height Regulations. No corner building shall be less than one hundred feet nor more than three hundred seventy-five feet in height. The minimum one-hundred foot-high portion of the building shall be located not further than five feet from the lot line along front and corner lot lines. Buildings higher than three hundred seventy-five feet may be allowed in accordance with the provisions of subsections E6a and b of this section.

SECTION 36. Section 21A.30.040 G of the Salt Lake City Code shall be and hereby is amended to read as follows:

G. Minimum First Floor Glass. The first floor elevation facing a street of all new buildings or buildings in which the property owner is modifying the size of windows on the front facade within the D-3 downtown warehouse/residential district, shall be at least forty percent glass surfaces. Exceptions to this requirement may be authorized as conditional uses, subject to the requirements of Part V, Chapter 21A.54, Conditional Uses. The Zoning Administrator may approve a modification to this requirement, as a Routine and Uncontested Special Exception pursuant to the procedures found in Part II, Chapter 21A.14 Routine and Uncontested Matters, if the Zoning Administrator finds:

1. The requirement would negatively impact the historic character of the building, or

2. The requirement would negatively impact the structural stability of the building.

SECTION 37. Section 21A.30.045 C.4 of the Salt Lake City Code shall be and hereby is amended to read as follows:

4. Minimum First Floor Glass. The first floor elevation facing a street of all new buildings or buildings in which the property owner is modifying the size of windows on the front façade within the D-4 secondary central business district, shall be at least forty percent glass surfaces. All first floor glass shall be non-reflective-type glass. Exceptions to this requirement may be authorized as conditional uses, subject to the requirements of Part V, Chapter 21A.54, Conditional Uses. The Zoning Administrator may approve a modification to this requirement, as a Routine and Uncontested Special Exception pursuant to the procedures found in Part II, Chapter 21A.14 Routine and Uncontested Matters, if the Zoning Administrator finds:

a. The requirement would negatively impact the historic character of the building; or

b. The requirement would negatively impact the structural stability of the building.

SECTION 38. The table entitled “Table of Permitted and Conditional Uses for Downtown Districts,” located at Section 21A.30.050 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “F” attached hereto.

SECTION 39. Section 21A.32.010 F of the Salt Lake City Code shall be and hereby is amended to read as follows:

F. Environmental Performance Standards. All uses shall conform to the environmental performance standards established in part IV, Chapter 21A.36, General Provisions, Section 21A.36.180.

SECTION 40. Section 21A.32.100 G.1 of the Salt Lake City Code shall be and hereby is amended to read as follows:

G. Special Conditional Use Controls Over Communications Towers.

1. Designation of Telecommunication Site. Within the OS open space zoning district there is set aside a telecommunication site to accommodate the erection of microwave, radio or other communication towers and related facilities located north of Ensign Peak in Salt Lake County, Utah and described as follows:

SECTION 41. The table entitled “Table of Permitted and Conditional Uses for Special

Purpose Districts,” located at Section 21A.32.140 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “G” attached hereto.

SECTION 42. Section 21A.34.020 B.6 of the Salt Lake City Code shall be and hereby is amended to read as follows:

6. Demolition. Any act or process which destroys a structure, object or property within an H historic preservation overlay district or a landmark site. (See Demolition, Partial.)

SECTION 43. Section 21A.34.020 B.7 of the Salt Lake City Code shall be and hereby is enacted to read as follows:

7. Demolition, Partial. Partial demolition includes any act which destroys a portion of a structure consisting of not more than twenty-five percent of the floor area of the structure, and where the portion of the structure to be demolished is not readily visible from the street. Partial demolition also includes the demolition or removal of additions or materials not of the historic period on any exterior elevation exceeding twenty-five percent when the demolition is part of an act of restoring original historic elements of a structure and/or restoring a structure to its historical mass and size.

SECTION 44. Section 21A.34.020 F.l.a of the Salt Lake City Code shall be and hereby is amended to read as follows:

a. Types of Construction Allowed which may be Approved by Administrative Decision:

i. Minor alteration of or addition to a landmark site or contributing site;

ii. Substantial alteration of or addition to a non-contributing site;

iii. Partial Demolition of either a landmark site or a contributing structure;

iv. Demolition of an accessory structure; and

v. Demolition of a noncontributing structure.

SECTION 45. Section 21A.36.010 B.1 and 2 of the Salt Lake City Code shall be and hereby is amended to read as follows:

1. Lots in the SR-3, RMF-35, RMF-45, RMF-75 , R-MU, RO, CB, CS, CC, CSHBD, CG, RP, BP, M-l, M-2, A, I and UI districts may have more than one principal building on a lot, subject to all of the principal nonresidential buildings being occupied by one use, or all principal residential and nonresidential buildings having frontage on a public street and subject to site plan review approval, pursuant to Part V, Chapter 21A.58, Site Plan Review; and

2. More than one principal building may be permitted on a lot in all zoning districts other than those identified in subsection B 1 of this section, or when the principal buildings are occupied by more than one use, when authorized in conjunction with an approved planned development pursuant to Part V, Chapter 21A.54, Conditional Uses. All land uses shall front on a public street unless specifically exempted from this requirement by other provisions of this title.

SECTION 46. Section 21A.36.020 B of the Salt Lake City Code shall be and hereby is amended to read as follows:

B. Obstructions in Required Yards. Accessory uses and structures, and projection of the principal structure, may be located in a required yard only as indicated (“X”) in Table 21A.36.020B Obstructions in Yards. No portion of an obstruction authorized in Table 21A.36.020B shall extend beyond the authorized projection. Dimensions shall be measured from the finished surface of the building or structure.

SECTION 47. The table entitled “Obstructions in Yards,” located at Section 21A.36.020 B of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “H” attached hereto.

SECTION 48. The table entitled “Height Exceptions,” located at Section 21A.36.020 C of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “I” attached hereto.

SECTION 49. Section 21A.36.030 C.7 through 11 of the Salt Lake City Code shall be and hereby is amended to read as follows:

7. Cabinet making;

8. Deliveries;

9. Locksmiths; and

10. Stables.

SECTION 50. Section 21A.36.030 D of the Salt Lake City Code shall be and hereby is amended to read as follows:

D. Home Occupations Permitted by Special Exception Only. Home occupations that require a client to come to the home for service including barbers, beauticians, tax accountants, physicians, therapists, home instruction of musical instruments, voice, and educational subjects and similar personal or professional services may be authorized by the board of adjustment as an accessory use only by special exception pursuant to the provisions of Part V, Chapter 21A.52, Special Exceptions, Section 21A.52.100B. The board of adjustment may delegate authority to the zoning administrator to handle special exceptions for conditional home occupations. The zoning administrator will review and approve applications in accordance with the provisions of Part II, Chapter 21A.14. Routine and Uncontested Matters.

SECTION 51. Section 21A.36.130 A of the Salt Lake City Code shall be and hereby is amended to read as follows:

A. Nonregistered Home Day Care. Nonregistered home day care, limited to no more than two children, excluding the provider’s children, is permitted in the home of the care provider in the FR-1/43,560, FR-2/21,7809, FR-3/12,000, R1/7,000, R-l/5,000 SR-1, SR-3, R-2 RMF-30, RMF-35, RMF-45, RMF-75, RB, R-MU and RO districts. A business revenue license or home occupation conditional use approval shall not be required.

SECTION 52. Section 21A.36.130 B of the Salt Lake City Code shall be and hereby is amended to read as follows:

B. Registered Home Day Care or Registered Home Preschool. A registered home day care or registered home preschool is defined in Part Vi, Chapter 21A.62, Definitions, may be allowed as an accessory use, in a FR-1/43,560, FR-2/2 1,780, FR- 3/12,000, R-1/12,000, R-1/7,000, R-1/5,000 SR-1, SR-3, R-2 RMF-30, RMF35, RMF-45, RMF-75, RB, R-MU and RO district as a home occupation special exception pursuant to the provisions of Part V, Chapter 21A.52, Special Exceptions. The permittee shall also obtain appropriate licensing where applicable from the State of Utah under Sections 55.9.1, et seq., Utah Code Annotated, 1953, or successor sections.

SECTION 53. Section 21A.38.050 A and B of the Salt Lake City Code shall be

and hereby is amended to read as follows:

A. Continuation of Nonconforming Use. A nonconforming use that lawfully occupies a structure or lot on the effective date of the ordinance codified in this title, April 12, 1995, or of any subsequent amendment to this title, may be continued so long as it remains otherwise lawful, subject to the standards and limitations in this Chapter 38, Nonconforming Uses and Noncomplying Structures.

B. Continuation of Noncomplying Structure. A noncomplying structure that was legally constructed with a permit prior to April 12, 1995, or of any subsequent amendment to this title, that does not comply with the standards for front yards, side yards, rear yards, buffer yards, height, floor area of structures, driveways or open space for the district in which the structure is located may be used and maintained, subject to the standards and limitations in this Chapter 38, Nonconforming Uses and Noncomplying Structures.

SECTION 54. Section 21A.38.080 E of the Salt Lake City Code shall be and hereby is amended to read as follows:

E. Destruction of Structure with Nonconforming Use. If a structure that contains a nonconforming use is destroyed to the extent of fifty percent by fire or natural calamity or is voluntarily razed or is required by law to be razed, the nonconforming use shall not be resumed, and the structure shall not be restored unless it is restored to accommodate a conforming use. The determination of the extent of damage or destruction under this subsection, shall be determined by the Building Official and based on the ratio of the estimated cost of restoring the structure to its condition before the damage or destruction to the estimated cost of duplicating the entire structure as it existed prior to the damage or destruction. The estimate shall be based on the current issue of “Building standards” published by the International Conference of Building Officials.

SECTION 55. Section 21A.38.130 of the Salt Lake City Code shall be and hereby is

amended to read as follows:

21A.38.130 Appeal.

Any person adversely affected by a decision of the zoning administrator on a determination of the status of a nonconforming use or noncomplying structure may appeal the decision to the board of adjustment pursuant to the provisions in Part II, Chapter 21 A. 16, Appeals of Administrative Decisions.

SECTION 56. Section 21A.38.140 of the Salt Lake City Code shall be and hereby is deleted.

SECTION 57. Section 21A.40.050 A and B of the Salt Lake City Code shall be and hereby is amended to read as follows:

21A.40.050 General yard, bulk and height limitations.

All accessory buildings permitted by this chapter shall be subject to the following general requirements:

A. Location of Accessory Buildings in Required Yards.

1. Front Yards. Accessory buildings are prohibited in any required front, side or corner side yard. 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 four-foot separation from the side of the accessory building to the side of the residential building, as required in subsection A3b of this section.

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 twenty feet to a public sidewalk or public pedestrian way and the accessory building shall be set back at least as far as the principal building.

3. 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 Uniform Building Code; and

b. No portion of the accessory building shall be built closer than four feet to any portion of the principal building.

c. Garages on two 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 Uniform Building Code regulations and the size limits for accessory buildings on each property as indicated herein.

B. Maximum Coverage

1. Yard Coverage. In residential districts, any portion of an accessory building shall occupy not more than fifty percent of the total area of the required rear yard.

2. Building Coverage. In residential districts the maximum building coverage of all accessory buildings shall not exceed:

a. Seven hundred twenty square feet for a single-family dwelling; and

b. One thousand square feet for a two-family dwelling.

SECTION 58. Section 21A.40.060 of the Salt Lake City Code shall be and hereby is amended to read as follows:

21A.40.060 Drive-through service window regulations.

Drive-through service windows may be authorized as accessory uses to permitted uses or conditional uses as listed on the Table of Permitted and Conditional Uses set forth in Part III, Specific District Regulations for Residential, Commercial, Manufacturing and Downtown Districts, when developed in accordance with the following standards:

SECTION 59. Section 21A.40.060 B.3 of the Salt Lake City Code shall be and hereby is amended to read as follows:

3. The amount of stacking space for automobiles awaiting service shall be at least five spaces on site per service window based on single line stacking; and

SECTION 60. Section 21A.40.090 B.1 of the Salt Lake City Code shall be and hereby is amended to read as follows:

1. Residential Districts. No more than one satellite dish antenna may be installed per dwelling unit.

a. A ground mounted satellite dish antenna in residential districts shall not be larger than sixty-six inches in diameter and the maximum height of the dish and support structure shall not exceed eight feet.

b. Satellite dish antennas eighteen inches or less in diameter shall be allowed on the roof.

SECTION 61. The table entitled “Wireless Communications Facilities,” located at Section 21A.40.090 E.1 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “J” attached hereto.

SECTION 62. Section 21A.40.090 E.1 1 of the Salt Lake City Code shall be and hereby is amended to read as follows:

11. Nonmaintained or Abandoned Facilities. The building official may require each non-maintained or abandoned low power radio services antenna to be removed from the building or premises when such an antenna has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure within thirty calendar days after notice of nonmaintenance or abandonment is given to the owner, person having control or person receiving the benefit of such structure. The City may require a performance bond or other means of financial assurance to guarantee removal of abandoned poles.

SECTION 63. Section 21A.40.110 B.2 of the Salt Lake City Code shall be and hereby is amended to read as follows:

2. CB and RMU District. From three to nine may be approved as a special exception, pursuant to Part V, Chapter 21A.42 Special Exceptions, upon a finding by the board of adjustment that their number and location are appropriate considering the following standards:

SECTION 64. The first sentence of Section 21A.40.120 D of the Salt Lake City Code shall be and hereby is amended to read as follows:

D. Height Restrictions. No fence, wall or hedge shall be erected in any front yard to a height in excess of four feet.

SECTION 65. Section 21A.42.070 J of the Salt Lake City Code shall be and hereby is amended to read as follows:

J. Bus Shelters, Kiosks and Other Temporary Buildings. Bus shelters, kiosks and other temporary buildings are permitted in all commercial, manufacturing and downtown districts. Such uses shall be limited to a period not to exceed six months. Such facilities shall not be located in any required yard or any required parking area and sales from these facilities shall be prohibited.

SECTION 66. Section 21A.44.020 B of the Salt Lake City Code shall be and hereby is amended to read as follows:

B. Access. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. Parking lots in excess of five spaces shall be designed to allow vehicles to enter and exit the lot in a forward direction. All vehicular access roads/driveways shall be maintained as hard surface.

SECTION 67. Section 21A.44.020 F.6 of the Salt Lake City Code shall be and hereby is amended to read as follows:

6. Parking Lot Surface. All open parking areas or lots shall be improved and maintained as hard-surface.

SECTION 68. Section 21A.44.020 F.7.e of the Salt Lake City Code shall be and hereby is enacted to read as follows:

e. Driveway Surface. All driveways providing access to parking areas or lots shall be improved and maintained as hard-surface.

SECTION 69. Section 21A.44.020 H.3 of the Salt Lake City Code shall be and hereby is amended to read as follows:

3. No parkway shall be used for parking.

SECTION 70. Section 21A.44.020 K of the Salt Lake City Code shall be and hereby is amended to read as follows:

K. Recreational Vehicle Parking. The parking of recreational vehicles shall conform to the standards set forth below.

1. Standards.

SECTION 71 Section 21 A.44.040 C. 1 .b of the Salt Lake City Code shall be and hereby is amended to read as follows:

b. Minimum Parking Required-Residential Uses. One-half parking space shall be required for each dwelling unit.

SECTION 72. Section 21A.44.040 C.2.a of the Salt Lake City Code shall be and hereby is amended to read as follows:

a. For single family and two family residential uses in the R-MU district, one parking stall shall be required for each unit. For multiple family residential uses in the R-MU district, one-half parking space shall be provided for each dwelling unit.

SECTION 73. Section 21A.44.050 of the Salt Lake City Code shall be and hereby is amended to read as follows:

21A.44.050 Parking restrictions within yards.

A. Within the various chapters of this title, there are regulations that restrict the use of certain yards for off-street parking. These regulations can take the form of restrictions against parking in required yard, landscape yard restrictions, or landscape buffer restriction.

B. Front Yard Parking. Front yard parking may be allowed as a Special Exception when the rear or side yards cannot be reasonably accessed and it is impossible to build an attached garage that conforms to yard area and setback requirements, subject to the following conditions:

1. The hard-surfaced parking area be limited to 9 feet wide by 20 feet deep;

2. A minimum 20 foot setback from the front of the dwelling to the front property line exists so that vehicles will not project into the public right-of-way; and

3. Parking on the hard surfaced area is restricted to passenger vehicles only.

C. To make the use of this title more convenient, Table 21A.44.050, Parking Restrictions Within Yards, has been compiled to provide a comprehensive listing of those districts where restrictions exist on the location of parking in yards.

SECTION 74. The table entitled “Parking Restrictions Within Yards - Residential Districts,” located at Section 21A.44.050 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “K” attached hereto.

SECTION 75. The table entitled “Schedule of Minimum Off-street Parking Requirements,” located at Section 21A.44.060 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “L” attached hereto.

SECTION 76. Section 21A.46.050 of the Salt Lake City Code shall be and hereby is amended to read as follows:

21A.46.050 Signs exempt from permits and permit fees.

Signs legally existing on or before April 12, 1995 shall be exempt from the sign permit fee. All signs listed in Section 21A.46.040, except gasoline price signs, which are in compliance with all provisions of this chapter, are exempt from permits and permit fees. Name plates, garage sale and real estate signs, which are in compliance with all provisions of this chapter, are also exempt from permits and permit fees.

SECTION 77. Section 21A.46.090 of the Salt Lake City Code shall be and hereby is amended to read as follows:

The following regulations shall apply to signs permitted in the residential mixed use, mixed use and commercial districts. Any sign not expressly permitted by these district regulations is prohibited.

A. Sign Regulations for the R-MU, MU, CN and CB Districts.

1. Purpose. Signage in the R-MU, MU, CN and CB districts should be appropriate for small scale commercial uses and business districts. These districts are located in proximity to residential areas or, in the case of the R-MU and MU districts, contain a residential/commercial mix of uses. The sign regulations for these districts are intended to permit signage that is appropriate for small scale commercial uses and business districts, with minimum impacts on nearby residential uses.

2. Applicability. Regulations on Tables 21A.46.090 A 3,4 and 5, respectively, shall apply to all uses within the R-MU and MU, CN and CB districts.

3. Sign Type, Size and Height Standards for the R-MU and MU Districts.

SECTION 78. The table entitled “Sign Type, Size and Height Standards for the R-MU Districts,” located at Section 21A.46.090 A.3 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “M” attached hereto.

SECTION 79. The table entitled “Sign Type, Size and Height Standards for the M-l and M-2 Districts,” located at Section 21A.46.100 A.3 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “N” attached hereto.

SECTION 80. The table entitled “Sign Type, Size and Height Standards for the D-1 District,” located at Section 21A.46.110 A.3 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “O” attached hereto.

SECTION 81. The table entitled “Sign Type, Size and Height Standards for the RP and BP Districts,” located at Section 21A.46.120 A.3 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “P” attached hereto.

SECTION 82. The table entitled “Sign Type, Size and Height Standards for the A District,” located at Section 21A.46.120 D.3 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “Q” attached hereto.

SECTION 83. The table entitled “Sign Type, Size and Height Standards for the MH District,” located at Section 21A.46.120 F.3 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “R” attached hereto.

SECTION 84. Section 21A.46.150 B.3 of the Salt Lake City Code shall be and hereby is amended to read as follows:

3. Tag Data. Each sign inspection tag shall include the permit number and shall be recorded in the office of the building official as to the sign type, size, cost of construction, date of sign permit, and owner’s and sign contractor’s name and address.

SECTION 85. Section 21A.46.150 H of the Salt Lake City Code shall be and hereby is amended to read as follows:

H. Confiscation of Signs. The building official shall immediately confiscate any sign located on public property in violation of these sign regulations or any other city ordinances. Confiscated signs shall be stored at a location determined by the building official for a period of thirty days, during which time the owner or person having charge, control or benefit of the confiscated sign may redeem the sign after payment of $50.00 and any applicable civil fines established pursuant to Part II, Chapter 21A.20, Enforcement. The city shall not be liable for damages incurred to signs as a result of their confiscation. In addition to civil penalties sign owners and persons having charge, control or benefit of any sign erected in violation of this chapter shall be liable for any damages caused to public property, public facilities or public utilities by reason of the placement, attachment and/or removal of such unlawful signs. Signs not redeemed within thirty days shall be destroyed.

SECTION 86. Section 21A.48.060 C of the Salt Lake City Code shall be and hereby is amended to read as follows:

C. General Landscape Requirements. All parkways shall be landscaped by the abutting property owner in conformance with the provisions of this section. For permits involving new construction of a principle building, the contractor shall be responsible for landscaping the parkways as part of the building permit. In general, this landscaping will involve improving the ground surface of the parkway with turf or other plant material, or hard-surface treatments where permitted. Parkway trees shall also be provided as required by the Building Official in consultation with the Urban Forester. Abutting property owners are responsible for maintenance of parkway landscaping.

SECTION 87. Section 21A.48.070 A and B.l and 2 of the Salt Lake City Code shall be and hereby is amended to read as follows:

21A.48.070 Parking lot or vehicle sales or lease lots landscaping.

A. Applicability. All hardsurfaced parking lots or hardsurfaced vehicle sales or lease lots, for passenger cars and light trucks, with fifteen or more parking spaces shall provide landscaping in accordance with the provisions of this section. Smaller parking lots shall not be required to provide landscaping other than yard area landscaping and landscaped buffer requirements as specified in other sections of this title.

B. Interior parking lot and vehicle sales or lease lots landscaping.

1. Area Required. Not less than five percent of the interior of a parking lot or vehicle sales or lease lots shall be devoted to landscaping. Landscaping areas located along the perimeter of a parking lot or vehicle sales or lease lots beyond the curb or edge of pavement of the lot shall not be included toward satisfying this requirement.

2. Landscaped Areas. The landscaped areas defined in subsection Bi of this section, above, shall be improved in conformance with the following:

a. Dispersion. Interior parking lot or vehicle sales or lease lots landscaping areas shall be dispersed throughout the parking lot or vehicle sales or lease lots.

b. Minimum Size. Interior parking lot or vehicle sales or lease lots landscaping areas shall be a minimum of one hundred twenty square feet in area and shall be a minimum of five feet in width, as measured from back of curb to back of curb.

c. Landscaped Material. The plants used to improve the landscape areas defined above shall conform to the following:

i. Type. The primary plant materials used in parking lots or vehicle sales or lease lots shall be shade tree species in conformance with applicable provisions of Section 21A.48.050A and Section 21A.48.050B, above. Ornamental trees, shrubbery, hedges, and other plants may be used to supplement the shade tree plantings, but shall not be the sole contribution to such landscaping;

ii. Quantity. One shade tree shall be provided for every one hundred twenty square feet of landscaping area;

iii. Groundcover. A minimum of fifty percent of every interior parking lot or vehicle sales or lease lots landscaping area shall be planted with an approved groundcover in the appropriate density to achieve complete cover within two years, as determined by the zoning administrator.

SECTION 88. Section 21A.48.070 C.1 of the Salt Lake City Code shall be and hereby is amended to read as follows:

C. Perimeter Parking Lot Landscaping.

1. Applicability. Where a parking lot is located within a required yard, or within twenty feet of a lot line, perimeter landscaping shall be required along the corresponding edge of the parking lot in conformance with the provisions in Table 21A.48.070, Required Perimeter Parking Lot Landscape Improvements. Perimeter landscaping for vehicle sales or lease lots shall include rear and interior side yard landscaping only. Front and corner side yard landscaping for vehicle sales or lease lots shall be provided as specified in each zoning district. Where both landscape buffers and parking lot landscaping is required, the more restrictive requirement shall apply.

SECTION 89. Section 21A.48.150 of the Salt Lake City Code shall be and hereby is amended to read as follows:

In the absence of more restrictive regulations of the applicable zoning district, automobile sales and lease establishments shall be required to provide a five-foot landscape front and corner side yard.

SECTION 90. Section 21A.48.170 of the Salt Lake City Code shall be and hereby is amended to read as follows:

21A.48.170 Noncomplying lot due to landscaping.

The landscaping required by this chapter shall be provided as a condition of building permit issuance for any addition, expansion or intensification of a property that is noncomplying due to landscaping, or that increases the floor area and/or parking requirement by fifty percent. The zoning administrator may waive the landscaping requirement if an existing building is located in an area of the lot that is required to be landscaped and compliance with the landscaping requirements of this chapter necessitates removing all or a portion of an existing building.

SECTION 91. The first paragraph of section 21A.52.030 of the Salt Lake City Code shall be and hereby is amended to read as follows:

In addition to any other special exceptions authorized elsewhere in title 21 A of the Salt Lake City Code, the following special exceptions are authorized under the provisions of this title:

SECTION 92. Sections 21A.52.030 P and Q of the Salt Lake City Code shall be and hereby are amended to read as follows:

P. Razor wire (Part IV, Chapter 21A.40, Section 21A.40.120 H);

Q. Signs for nonconforming business in the RMF-35, RMF-45, RMF-75 districts (Part IV, Chapter 21A.46, Sections 21A.46.080 and 21A.46.140);

SECTION 93. Sections 21A.52.030 R and S shall be and hereby are enacted to read as follows:

R. Front Yard Parking (Part IV, Chapter 21A.44, Section 21A.44.050A); and

S. Routine and Uncontested Matters (Part II, Chapter 21A.14).

SECTION 94. Section 21A.52.100 D.1 of the Salt Lake City Code shall be and hereby are amended to read as follows:

1. The height of the accessory structure shall not exceed the height limit established in Part IV, Chapter 21A.40, Section 21A.40.050C, Maximum Height of Accessory Buildings and Structures, unless a special exception allowing additional height is obtained.

SECTION 95. Section 21A.54.080 B of the Salt Lake City Code shall be and hereby is mended to read as follows:

E. Existing or proposed utility services are adequate for the proposed development and are designed in a manner that will not have an adverse impact on adjacent land uses or resources;

SECTION 96. The table entitled “District - Minimum Planned Development Size,” located at Section 21A.54.150 E.2 of the Salt Lake City Code shall be and hereby is amended to read as set forth on Exhibit “S” attached hereto.

SECTION 97. Section 21A.54.150 N of the Salt Lake City Code shall be and hereby is amended to read as follows:

N. Any party aggrieved by the decision of the planning commission on appeal of the planning director’s refusal to certify a final development plan, may file an appeal to the land use appeals board pursuant to Section 21A.54.160.

SECTION 98. Section 21A.54.150 S.2.c and d of the Salt Lake City Code shall be and hereby is amended to read as follows:

c. Adjusting any final grade;

d. Altering the types of landscaping elements and their arrangement within the required landscaping buffer area; and

SECTION 99. Section 21A.54.150 S.2.e of the Salt Lake City Code shall be and hereby is enacted to read as follows:

e. Signs.

SECTION 100. Section 21A.58.060 K of the Salt Lake City Code shall be and hereby is amended to read as follows:

K. The location of all proposed buildings and structures, accessory and principal, showing the number of stories and height, dwelling type, if applicable, major elevations and the total square footage of the floor area by proposed use;

SECTION 101. Section 21A.60.020 of the Salt Lake City Code shall be and hereby is amended to add the following new or amended terms in alphabetical order:

Art Studio

Assisted Living Facility (small)

Assisted Living Facility (large)

Building Connection

Cemetery

Outdoor Storage, Public

Pet Cemetery

SECTION 102. Section 21A.62.040 of the Salt Lake City Code shall be and hereby is amended to include the following new or amended definitions in alphabetical order:

“Art Studio” means a building or portion of a building where an artist or photographer creates works of art.

“Assisted Living Facility” (small) means a facility licensed by the state of Utah that provides a combination of housing and personalized health care designed to respond to the individual needs of up to six individuals who require help with the activities of daily living, such as meal preparation, personal grooming, housekeeping, medication, etc. Care is provided in a professionally managed group living environment in a way that promotes maximum independence and dignity for each resident.

“Assisted Living Facility” (large) means a facility licensed by the state of Utah that provides a combination of housing and personalized health care designed to respond to the individual needs of more than six individuals who require help with the activities of daily living, such as meal preparation, personal grooming, housekeeping, medication, etc. Care is provided in a professionally managed group living environment in a way that promotes maximum independence and dignity for each resident.

Automobile Repair, Minor. “Minor automobile repair” means a use engaged in the repair of automobiles involving the use of three or fewer mechanic service bays, where all repairs are performed within an enclosed building, and where not more than ten automobiles, plus one automobile per employee, are parked on-site at any one time, including but not limited to those permitted as gas stations. Auto body repairs and drive train repair are excluded from this definition.

“Basement” means a story wherein each exterior wall is fifty percent or more below grade. For purposes of establishing building height, a basement shall not count toward the maximum number of stories allowed. The exposed portion of the basement wall shall not exceed 5 feet.

“Building Connection” means two or more buildings which are connected in a substantial manner or by common interior space including internal pedestrian circulation. Where two buildings are attached in this manner, they shall be considered a single building and shall be subject to all yard requirements of a single building. Determination of building connection shall be through the Site Plan Review process.

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

“Dwelling” means a building or portion thereof, which is designated for residential purposes of a family for occupancy on a monthly basis and which is a self contained unit with kitchen and bathroom facilities. The term “dwelling” excludes living space within hotels, bed and breakfast establishments, apartment hostels, boardinghouses and lodging houses.

Dwelling, Single-Family. “Single-family dwelling” means a detached building containing only one dwelling unit surrounded by yards that is built on site or is a modular home dwelling that resembles site built dwellings. Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, or other forms of temporary housing or portable housing are not included in this definition. All living areas of a single-family dwelling shall be accessible and occupied by the entire family.

Dwelling, Single Room Occupancy, “Single room occupancy dwelling” means a residential dwelling facility containing individual, self-contained, dwelling units none of which may exceed five hundred square feet in size.

Garage, Attached. “Attached garage” means an accessory building which has a roof or wall of which 50% or more is attached and in common with a dwelling. Where the accessory building is attached to a dwelling in this manner, it shall be considered part of the dwelling and shall be subject to all yard requirements of the main building.

Group Home, Large. “Large group home” means a residential facility set up as a single housekeeping unit and shared by seven or more unrelated persons, exclusive of staff, who require assistance and supervision. A large group home is licensed by the state of Utah and provides counseling, therapy and specialized treatment, along with habilitation or rehabilitation services for physically or mentally disabled persons. A large group home shall not include persons who are diagnosed with a substance abuse problem or who are staying in the home as a result of criminal offenses.

Group Home, Small. “Small group home” means a residential facility set up as a single housekeeping unit and shared by up to six unrelated persons, exclusive of staff, who require assistance and supervision. A small group home is licensed by the state of Utah and provides counseling, therapy and specialized treatment, along with habilitation or rehabilitation services for physically or mentally disabled persons. A small group home shall not include persons who are diagnosed with a substance abuse problem or who are staying in the home as a result of criminal offenses.

“Industrial assembly use” means an industrial use engaged in the fabrication of finished or partially finished products from component parts produced off site. Assembly use shall not entail metal stamping, food processing, chemical processing or painting other than painting that is accessory to the assembly use.

“Kennel” means the keeping of more than two dogs and/or two cats that are more than six months old. A third dog or cat may be allowed if a pet rescue permit has been approved under Title 8.04.130 of the Salt Lake City Code.

Manufacturing, Light. “Light manufacturing” means the assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place or where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products, predominantly from previously prepared materials, and includes processes which do not require extensive floor areas or land areas. The term “light manufacturing” shall include uses such as electronic equipment production and printing plants. The term “light manufacturing” shall not include any use which is otherwise listed specifically in the table of permitted and conditional uses for the category of zoning district or districts under this title.

“Outdoor storage, public” means the use of open areas of the lot for the storage of private personal property including recreational vehicles, automobiles and other personal equipment. This use category does not include or allow the storage of junk as defined in Part VI, Chapter 21A.62, Definitions.

“Pet cemetery” means a place designated for the burial of a dead animal where burial rights are sold.

“Planned development” means a lot or contiguous lots of a size sufficient to create its own character where there are multiple principal buildings on a single lot, where not otherwise authorized by this title, or where not all of the principal buildings have frontage on a public street. A planned development is controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the character of which is compatible with adjacent parcels and the intent of the zoning district or districts in which it is located.

“Sight distance triangle” means a triangular area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or a right-of-way line and the edge of a driveway). For both residential driveways and non residential driveways, the points shall be determined through the Site Plan Review process by the Development Review Team. The purpose of the sight distance triangle is to define an area in which vision obstructions are prohibited.

“Street frontage” means all of the property fronting on one side of the street between intersecting streets, or between a street and a waterway, a dead-end street, or a political subdivision boundary, and having unrestricted vehicular and pedestrian access to the street. For the purpose of regulating signs or flags, street frontage means an entire lot fronting on a portion of the street.

SECTION 103. The “Salt Lake City Zoning Ordinance Fee Schedule” shall be and hereby is amended to read as set forth on Exhibit “T” attached hereto.

SECTION 104. 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 4th day of May 1999.

Bill No. 35 of 1999.

Published: June 4, 1999.