Ordinance 13 of 2004

SALT LAKE CITY ORDINANCE

No. 13 of 2004

(Making Miscellaneous Adjustments to the

Salt Lake City Zoning Code)

AN ORDINANCE MAKING MISCELLANEOUS HOUSEKEEKPING AMENDMENTS TO THE SALT LAKE CITY ZONING CODE, PURSUANT TO PETITION NO. 400-02-20.

WHEREAS, the Salt Lake City Zoning Code was completely rewritten in April 1995, and has been subsequently amended on many occasions since that date; and

WHEREAS, over time, the City staff has become aware of various unintended inconsistencies or errors in the Zoning Code which should be corrected; and

WHEREAS, after public hearings before the Planning Commission and the City Council, it has been determined that these housekeeping measures are appropriate and in the best interest of the City;

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

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

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 adopted Building Code excludes such accessory structure from a building permit requirement.

SECTION 2. Sections 21A.24.010.O.1.c and d of the City Code shall be and hereby are amended to read as follows:

c. In the FR-2, FR-3 and FP districts, the maximum building height shall be twenty eight feet (28'), except that the front and rear vertical building walls shall not exceed twenty five feet (25'). On a corner lot, roof gable ends which face onto either the front or corner side yard, but not both, are permitted to a height of twenty eight feet (28').

Where buildings are stepped to accommodate the slope of terrain, each step shall have a horizontal dimension of at least twelve feet (12').

SECTION 3. Sections 21A.24.040.G, H and I of the City Code shall be and hereby are enacted to read as follows:

G. Slope Restrictions: For lots subdivided after November 4, 1994, no building shall be constructed on any portion of the site that exceeds a thirty percent (30%) slope. All faces of buildings and structures shall be set back from any nonbuildable area line, as shown on the plat if any, a minimum of ten feet (10') and an average of twenty feet (20').

H. Unauthorized Site Work Prohibited: No grading, excavation, building, removal of vegetation or other site work shall be allowed without specific authorization of the Building Official. Site work not authorized by a building permit shall be permitted only upon issuance of a site development permit in conformance with the requirements of the Site Development Ordinance.

I. Landscape Plan: A landscape plan conforming to the requirements of Part IV, Chapter 21A.48 of this Title, shall be required.

SECTION 4. Section 21A.24.100.C of the City Code shall be and hereby is amended to read as follows:

C. Minimum Lot Area and Lot Width. The minimum lot areas and lot widths required in this district are as follows:

Minimum Minimum

Land Use Lot Area Lot Width

1. Single-family detached

dwellings 2,000 sq. ft. Interior: 30 ft.

Corner: 40 ft.

2. Single-family attached

dwellings^† and twin

home dwellings 1,500 sq. ft. Interior: 22 ft.

per dwelling unit Corner: 32 ft.

3. Two-family dwellings 3,000 sq. ft. Interior 44 ft.

Corner 54 ft.

4. Natural open space and

conservation areas,

public and private No minimum No minimum

5. Public pedestrian

pathways, trails and

greenways No minimum No minimum

6. Utility substations

and buildings 5,000 sq. ft. 50 ft.

7. Municipal service

uses, including city

utility uses and

police and fire

stations No minimum No minimum

8. Public/private utility

transmission wires,

lines, pipes and poles No minimum No minimum

9. Other permitted or

conditional uses as

listed in Section

21A.24.190 2,000 sq. ft. Interior: 30 ft.

Corner: 40 ft.

SECTION 5. Footnote 4 at the end of the table located at Section 21A.24.190 of the City Code shall be and hereby is amended to read as follows:

4. Construction for a nonresidential use shall be subject to all provisions of subsection 21A.24.160I and J of this Chapter.

SECTION 6. The table located at Section 21A.24.200 of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit A attached hereto.

SECTION 7. The table located at Section 21A.26.080 of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit B attached hereto.

SECTION 8. The table located at Section 21A.28.040 of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit C attached hereto.

SECTION 9. The table located at Section 21A.30.050 of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit D attached hereto.

SECTION 10. The table located at Section 21A.31.050 of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit E attached hereto.

SECTION 11. Section 21A.32.100.B of the City Code shall be and hereby is amended to read as follows:

B. Uses. Uses in the OS open space district, specified in the Table of Permitted and Conditional Uses for Special Purpose Districts found in Section 21A.32.140, are permitted subject to the general provisions set forth in Section 21A.32.010 and this section

SECTION 12. The table located at Section 21A.32.140 of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit F attached hereto.

SECTION 13. The table located at Section 21A.36.020.B of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit G attached hereto.

SECTION 14. The table located at Section 21A.36.020.C of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit H attached hereto.

SECTION 15. Section 21A.36.090.C.1 of the City Code shall be and hereby is amended to read as follows:

1. No small transitional treatment home shall be located within eight hundred feet (800') of another transitional treatment home, residential substance abuse treatment home, transitional victim home or halfway home; and

SECTION 16. Section 21A.36.090.D.1 of the City Code shall be and hereby is amended to read as follows:

1. No large transitional treatment home shall be located within eight hundred feet (800') of another transitional treatment home, residential substance abuse treatment home, transitional victim home or halfway home; and

SECTION 17. Section 21A.38.100 of the City Code shall be and hereby is amended to read as follows:

21A.38.100 Noncomplying Lots:

A lot that is noncomplying as to lot area or lot frontage that was in legal existence prior to April 12, 1995, shall be considered a legal complying lot. Legal complying lots in residential districts shall be approved for the development of a single-family dwelling regardless of the size of the lot subject to complying with all yard area requirements of the R-1/5,000 District. Legal complying lots in residential districts shall be approved for any permitted use or conditional use allowed in the zoning district, other than a single-family dwelling, subject to complying with all lot area and minimum yard requirements of the district in which the lot is located. Legal complying lots in nonresidential districts shall be approved for any permitted use or conditional use allowed in the zoning district subject to complying with all yard requirements of the district in which the lot is located.

SECTION 18. Section 21A.40.050.A.3 of the City Code shall be and hereby is amended to read as follows:

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 (1') to a side or rear lot line except when sharing a common wall with an accessory building on an adjacent lot. In nonresidential districts, buildings may be built to side or rear lot lines in rear yards, provided the building complies with all applicable requirements of the adopted building code; and

b. No portion of the accessory building shall be built closer than four feet (4') to any portion of the principal building.

c. Garages on two (2) or more properties that are intended to provide accessory building use for the primary occupants of the properties, in which the garage is located, may be constructed in the rear yards, as a single structure subject to compliance with adopted building code regulations and the size limits for accessory buildings on each property as indicated herein.

SECTION 19. The first paragraph of Section 21A.40.065 of the City Code shall be and hereby is amended to read as follows:

21A.40.065 Outdoor Dining:

Outdoor dining, in conjunction with a licensed indoor restaurant, tavern, brewpub, microbrewery, private club, market, deli, and other retail sales establishment that sell food or drinks is allowed within the buildable lot area, in all zoning districts ,where such uses are allowed, as either a permitted or conditional use.

Outdoor dining, in conjunction with a licensed indoor restaurant, tavern, brewpub, microbrewery, private club, market, deli, and other retail sales establishment that sell food or drinks, is allowed within the required landscaped yard or buffer area, in all commercial and manufacturing zoning districts where such uses are allowed, excepting the RB, CN, MU and R-MU zones (see chapter 21A.52 of this title), subject to the following conditions:

SECTION 20. The table located at Section 21A.44.060.F of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit I attached hereto.

SECTION 21. The definition of “marquee” as set forth in Section 21A.46.020.B of the City Code shall be and hereby is amended to read as follows:

"Marquee" means a permanent roofed structure which extends outward from the face of the building and is designed to meet all provisions of the current Salt Lake City adopted building code and other specifications as outlined in this chapter. Where specifications as outlined in this chapter are different from the provisions of the Salt Lake City adopted building code, the more restrictive shall apply.

SECTION 22. Section 21A.46.010.A 8 of the City Code shall be and hereby is enacted to read as follows:

8. Permit on-premise signs as provided by the specific zoning district sign regulations included in this chapter.

SECTION 23. Sections 21A.46.070.A 1 and 2 of the City Code shall be and hereby are amended to read as follows:

1. Applicable Regulations: All signs erected in the city after April 12, 1995, shall comply with the current standards of the National Electrical Code, and adopted Building Code, all provisions of this chapter and any other applicable provisions of this title or other applicable regulations.

2. Engineering Required: All sign permit applications for freestanding signs shall be engineered to conform with the applicable provisions of the adopted Building Code and, where required by the building official, shall be accompanied by an engineering drawing stamped and signed by a structural engineer licensed by the state attesting to the adequacy of the proposed construction of the sign and its supports.

SECTION 24. The table located at Section 21A.46.100.A.3 of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit J attached hereto.

SECTION 25. Section 21A.46.160.18.5 of the City Code shall be and hereby is enacted to read as follows:

18.5 Minimum Setback Requirements: All freestanding billboards shall be subject to pole sign setback requirements listed for the district in which the billboard is located. In the absence of setback standards for a particular district, freestanding billboards shall maintain a setback of not less than five feet (5') from the front or corner side lot line. This setback requirement shall be applied to all parts of the billboard, not just the sign support structure.

SECTION 26. Section 21A.46.160.19 of the City Code shall be and hereby is amended to read as follows:

19. Spacing:

a. Small Signs: Billboards with an advertising face three hundred (300) square feet or less in size shall not be located closer than three hundred (300) lineal feet from any other small billboard or 800 feet from a large billboard on the same side of the street;

b. Large Signs: Billboards with an advertising face greater than three hundred (300) square feet in size shall not be located closer than eight hundred (800) lineal feet from any other billboard, small or large, on the same side of the street.

SECTION 27. Section 21A.46.160.27 of the City Code shall and hereby is enacted to read as follows:

27. State Mandated Relocation of Billboards: Except as otherwise authorized herein, existing billboards may not be relocated except as mandated by the requirements of Utah State law.

SECTION 28. Section 21A.48.080.C.1 of the City Code shall be and hereby is amended to read as follows:

1. RMF-30, RMF-35, RMF-45, RMF-75, R-MU, RO, MU, PL and OS Districts. Lots in the RMF-30, RMF-35, RMF-45, RMF-75, R-MU, RO, MU, PL or OS districts which abut a lot in a single-family or two-family residential district, shall provide a ten-foot-wide landscape buffer.

SECTION 29. Section 21A.48.080.D.1 of the City Code shall be and hereby is amended to read as follows:

1. RMF-30, RMF-35, RMF-45, RMF-75, R-MU, RO, MU, PL and OS Districts. In the RMF-30, RMF-35, RMF-45, RMF-75, R-MU, RO, MU, PL and OS districts, the following improvements shall be provided:

SECTION 30. Section 21A.48.100.D of the City Code shall be and hereby is amended, in relevant part, as follows:

D. D-1 Central Business District and D-4 Downtown Secondary Central Business District:

1. Right-Of-Way Landscaping: The principal area of focus for landscaping in the D-1 and D-4 Districts shall be along sidewalks and parkways. Landscaping on private property shall be subject to the regulations below and in the D-1 and D-4 Districts.

SECTION 31. The first sentence of Section 21A.48.170 of the City Code shall be and hereby is amended to read as follows:

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 increases the floor area and/or parking requirement by fifty percent or more.

SECTION 32. Section 21A.52.100.A.1.d of the City Code shall be and hereby is amended to read as follows:

d. Fences, walls or other similar structures which exceed the allowable height limits, when erected around schools and approved recreational uses which require special height considerations; or

SECTION 33. Section 21A.52.100.F.1 of the City Code shall be and hereby is amended to read as follows:

1. The proposed outdoor dining is in conjunction with and incidental to an allowed and licensed indoor restaurant, private club, tavern, market, deli, and other retail sales establishment that sell food or drinks, in the RB, CN, MU and R-MU zones or any zone allowing such uses where the outdoor dining does not comply with chapter 21A.48 or subsection 21A.36.020B of this title;

SECTION 34. Section 21A.54.030.C.2 of the City Code shall be and hereby is enacted to read as follows:

2. Alterations or modifications to a conditional use that increase the floor area by 1,000 gross square feet or more and/or increase the parking requirement.

SECTION 35. Section 21A.54.135 of the City Code shall be and hereby is enacted to read as follows:

21A.54.135 Alterations or Modifications to a Conditional Use:

Any land use currently listed as a conditional use under existing zoning regulations shall be required to obtain conditional use approval subject to the provisions of this Chapter if the floor area increases by 1,000 gross square feet or more and/or the parking requirement is increased.

A. Administrative consideration of conditional use: Applications for alterations and/or modifications to a conditional use may be reviewed according to the procedures set forth in section 21A.54.155 of this title.

SECTION 36. The table located at Section 21A.54.150.E.2 of the City Code shall be and hereby is amended, in relevant part, to read as set forth on Exhibit K attached hereto.

SECTION 37. Section 21A.54.150.S of the City Code shall be and hereby is amended to read as follows:

S. Modifications To Development Plan:

1. New Application Required For Modifications And Amendments: No substantial modification or amendment shall be made in the construction, development or use without a new application under the provisions of this Title. Minor modifications or amendments may be made subject to written approval of the Planning Director and the date for completion may be extended by the Planning Commission upon recommendation of the Planning Director.

2. Minor Modifications: During build-out of the planned development, the Planning Director may authorize minor modifications to the approved final development plan pursuant to the provisions for modifications to an approved site plan as set forth in Chapter 21A.58 of this Part, when such modifications appear necessary in light of technical or engineering considerations. Such minor modifications shall be limited to the following elements:

a. Adjusting the distance as shown on the approved final development plan between any one structure or group structures, and any other structure or group of structures, or any vehicular circulation element or any boundary of the site;

b. Adjusting the location of any open space;

c. Adjusting any final grade;

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

e. Signs.

Such minor modifications shall be consistent with the intent and purpose of this Title and the final development plan as approved pursuant to this Section, and shall be the minimum necessary to overcome the particular difficulty and shall not be approved if such modifications would result in a violation of any standard or requirement of this Title.

3. Major Modifications: Any modifications to the approved final development plan not authorized by subsection S2 of this Section, shall be considered to be a major modification. The Planning Commission shall give notice to all property owners whose properties are located within one hundred feet (100') (exclusive of intervening streets and alleys) of the planned development, requesting the major modification. The Planning Commission may approve an application for a major modification to the final development plan, not requiring a modification of written conditions of approval or recorded easements, upon finding that any changes in the plan as approved will be in substantial conformity the final development plan. If the Commission determines that a major modification is not in substantial conformity with the final development plan as approved, then the Commission shall review the request in accordance with the procedures set forth in this subsection.

4. Fees: Fees for modifications to a final development plan shall be as set forth in the fee schedule, chapter 21A.64 of this title.

SECTION 38. Section 21A.56.040.A.4 of the City Code shall be and hereby is amended to read as follows:

4. Where conversion of an existing building is proposed, a property report must be prepared consistent with the requirements of Salt Lake City Code 18.32.050 (adopted building code Appendix-Nonconforming building conversion), and submitted as part of the application, together with a plan for proposed improvements, renovations or repairs to existing structures/facility.

SECTION 39. Section 21A.58.060.S of the City Code shall be and hereby is amended to read as follows:

S. The proposed and required off-street parking and loading areas, including parking and access for the handicapped, as specified in the Utah adopted Building Code; and

SECTION 40. 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 9^th day of March, 2004.

Bill No. 13 of 2004.

Published: March 24, 2004.