Ordinance 71 of 2004

 

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SALT LAKE CITY ORDINANCE

No. 71 of 2004

(Amending Chapter 21A.24 of the Salt Lake City Zoning Code

regarding residential mixed use zoning districts and other related changes)

 

      AN ORDINANCE AMENDING CHAPTER 21A.24 OF THE SALT LAKE CITY ZONING CODE REGARDING RESIDENTIAL MIXED USE DISTRICTS AND OTHER RELATED CHANGES, PURSUANT TO PETITION NO. 400-99-49.

      WHEREAS, the Salt Lake City Zoning Code contains a classification known as “RMU”, Residential Mixed Use Zoning District; and

      WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings before its own body and before the Planning Commission that portions of the Salt Lake City Zoning Code should be amended to create additional residential mixed use zoning districts, and that such amendments 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.24.164 of the Salt Lake City Code entitled “RMU-35 Residential/Mixed Use District” shall be and hereby is enacted to read as set forth on Exhibit “A” attached hereto.

      SECTION 2.  Section 21A.24.168 of the Salt Lake City Code entitled “RMU-45 Residential/Mixed Use District,” shall be and hereby is enacted to read as set forth on Exhibit “B” attached hereto.

      SECTION 3.  Section 21A.24.190 of the Salt Lake City Code entitled “Table of Permitted and Conditional Uses for Residential Districts”  shall be and hereby is amended to read as set forth on Exhibit “C” attached hereto.

      SECTION 4.  Section 21A.24.200 of the Salt Lake City Code entitled “Summary Table of Yard and Bulk Requirements--Residential Districts”  shall be and hereby is amended to read as set forth on Exhibit “D” attached hereto.

      SECTION 5.  Section 21A.36.010 B.1 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, RMU-35, RMU-45, R-MU, RO, CB, CS, CC, CSHBD, CG, RP, BP, M-1, 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 of this Title; and

 

SECTION 6.  Section 21A.36.040 of the Salt Lake City Code shall be and hereby is amended to read as follows:

      21A.36.040 Resident Health Care Facilities:

A "resident health care facility" as defined in Part VI, Chapter 21A.62 of this Title, shall be permitted as of right in the RMF-30, RMF-35, RMF-45, RMF-75, RB, RMU-35, RMU-45, R-MU and RO Districts provided it complies with all of the requirements of the particular zoning district, the general standards set forth in this Part and all other applicable requirements of this Title and of this Code, including business licensing requirements.

 

      SECTION 7.  Section 21A.36.050 of the Salt Lake City Code shall be and hereby is amended to read as follows:

21A.36.050 Assisted Living Facilities:

An "assisted living facility" as defined in Part VI, Chapter 21A.62 of this Title, shall be permitted in the RMF-35, RMF-45, RMF-75, RMU-35, RMU-45 and R-MU Districts provided it complies with all of the requirements of the particular zoning district, the general standards set forth in this Part and all other applicable requirements of this Title and of this Code, including business licensing requirements. If the assisted living facility is an apartment building, the facility shall not exceed the density allowed in the base zoning district. If the assisted living facility is a rooming house, for the purpose of calculating the density allowed under the base zoning district, three (3) boarders shall constitute one dwelling unit.

 

      SECTION 8.  Section 21A.36.060 of the Salt Lake City Code shall be and hereby is amended to read as follows:

21A.36.060 Nursing Care Facilities:

A "nursing care facility" as defined in Part VI, Chapter 21A.62 of this Title, shall be permitted in the RMF-45,  RMF-75, RMU-35, RMU-45 and R-MU Districts provided it complies with all of the requirements of the particular zoning district, the general standards set forth in this Part and all other applicable requirements of this Title.

 

      SECTION 9.  Section 21A.36.070 C of the Salt Lake City Code shall be and hereby is amended to read as follows:

      C.  Small Group Homes--Authorized As Permitted Uses:  Small group homes shall be permitted as either principal or accessory uses pursuant to subsection B of this Section in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-3, R-2, RMF-30, RMF-35, RMF-45, RMF-75, RB, RMU-35, RMU-45, R-MU, RO, CN, CB, CC, CS, CSHBD, CG, D-1, D-2, D-3, D-4 and G-MU Districts provided:

 

      SECTION 10. Section 21A.36.070 D of the Salt Lake City Code shall be and hereby is amended to read as follows:

D.    Large Group Homes­Authorized As Conditional Uses: Large group homes, as either principal or accessory uses, may be allowed, as conditional uses pursuant to the provisions of Part V, Chapter 21A.54 of this Title, and pursuant to subsection B of this Section in the RMF-30, RMF-35, RMF-45, RMF-75, RB, RMU-35, RMU-45, R-MU, RO, CC, CG, D-2, D-3 and G-MU Districts provided:

 

      SECTION 11. Section 21A.36.080 D of the Salt Lake City Code shall be and hereby is amended to read as follows:

D.    Small Transitional Victim Homes­Authorized As Conditional Uses: Small transitional victim homes, as either principal or accessory uses, may be allowed as a conditional use, pursuant to the provisions of Part V, Chapter 21A.54 of this Title, and pursuant to subsection B of this Section in the RMF-35, RMF-45, RMU-35, RMU-45, CC, CG, D-2, D-3, and G-MU Districts provided:

 

SECTION 12. Section 21A.36.080 E of the Salt Lake City Code shall be and hereby is amended to read as follows:

E.    Large Transitional Victim Homes­Authorized As Conditional Uses: Large transitional victim homes, as either principal or accessory uses, may be allowed as a conditional use, pursuant to the provisions of Part V, Chapter 21A.54 of this Title, and pursuant to subsection B of this Section in the RMF-45, RMF-75, RMU-45, R-MU, RO, CC, CG, D-2, D-3, and G-MU Districts provided:

 

      SECTION 13. Section 21A.36.090 C of the Salt Lake City Code shall be and hereby is amended to read as follows:

C.    Small Transitional Treatment Homes­ Authorized As Conditional Uses: Small transitional treatment homes, as either principal or accessory uses, may be allowed as a conditional use, pursuant to the provisions of Part V, Chapter 21A.54 of this Title, and pursuant to subsection B of this Section in the RMF-35, RMF-45, RMF-75, RMU-35, RMU-45, R-MU, RO, CC, CG, D-2, D-3, and G-MU Districts provided:

 

      SECTION 14. Section 21A.36.090 D of the Salt Lake City Code shall be and hereby is amended to read as follows:

D.    Large Transitional Treatment Homes­ Authorized As Conditional Uses: Large transitional treatment homes may be allowed as either principal or accessory uses, as a conditional use pursuant to the provisions of Part V, Chapter 21A.54 of this Title, and pursuant to subsection B of this Section in the RMF-45, RMF-75, RMU-45, R-MU, RO, CC, CG, D-2, D-3, and G-MU Districts provided:

 

      SECTION 15. Section 21A.36.100 C of the Salt Lake City Code shall be and hereby is amended to read as follows:

C.    Small Residential Substance Abuse Treatment Homes­Authorized As Permitted Uses: Small residential substance abuse treatment homes shall be permitted as either principal or accessory uses pursuant to subsection B of this Section in the RMF-75, RMU-35, RMU-45, R-MU and RO Districts provided:

 

      SECTION 16. Section 21A.36.100 E of the Salt Lake City Code shall be and hereby is amended to read as follows:

E.    Large Residential Substance Abuse Treatment Homes­Authorized As Conditional Uses: Large residential substance abuse treatment homes, as either principal or accessory uses, may be allowed as a conditional use pursuant to the provisions of Part V, Chapter 21A.54 of this Title, and pursuant to subsection B of this Section in the RMF-45, RMF-75, RMU-45, R-MU, RO, CC, CG, D-2, D-3, and G-MU Districts provided:

 

      SECTION 17. Section 21A.36.120 A of the Salt Lake City Code shall be and hereby is amended to read as follows:

A.    Permitted Use: An adult daycare center is a permitted use in the RMU-35, RMU-45, R-MU, RO, CN, CB, CC, CS, CSHBD, CG, D-1, D-2, D-3, I, UI and M-1 Districts.

 

      SECTION 18. Section 21A.36.130 A of the Salt Lake City Code shall be and hereby is amended to read as follows:

A.    Nonregistered Home Daycare: Nonregistered home daycare, limited to no more than two (2) children, excluding the provider's children, is permitted in the home of the care provider in the FR-1/43,560, FR-2/21,780, FR-3/12,000, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-3, R-2, RMF-30, RMF-35, RMF-45, RMF-75, RB, RMU-35, RMU-45, R-MU and RO Districts. A business revenue license or home occupation conditional use approval shall not be required.

 

      SECTION 19. Section 21A.36.130 B of the Salt Lake City Code shall be and hereby is amended to read as follows:

B.    Registered Home Daycare Or Registered Home Preschool: A registered home daycare or registered home preschool as defined in Part VI, Chapter 21A.62 of this Title, may be allowed as an accessory use, in a FR-1/43,560, FR-2/21,780, FR-3/12,000, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-3, R-2, RMF-30, RMF-35, RMF-45, RMF-75, RB, RMU-35, RMU-45, R-MU and RO Districts as a home occupation special exception pursuant to the provisions of Part V, Chapter 21A.52 of this Title. The permittee shall also obtain appropriate licensing where applicable from the State pursuant to the Utah Code Annotated, 1953.

 

      SECTION 20. Section 21A.36.130 C.1 of the Salt Lake City Code shall be and hereby is amended to read as follows:

1. Permitted Use: A child daycare center is a permitted use in the RMF-75, RMU-35, RMU-45, R-MU, RB, RO, CN, CB, CC, CS, CSHBD, CG, D-1, D-2, D-3, M-1, I, UI, BP, RP, A and PL Districts.

 

      SECTION 21. Section 21A.36.170 B of the Salt Lake City Code shall be and hereby is amended to read as follows:

B.    Temporary Use Of Closed Schools And Churches­Authorized As Conditional Use: The temporary use of closed schools and churches may be allowed as a conditional use pursuant to the provisions of Part V, Chapter 21A.54 of this Title, in FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-3, RMF-30, RMF-35, RMF-45,  RMF-75, RMU-35 and RMU-45 Residential Districts; provided, that:

 

      SECTION 22. The table located at Section 21A.44.050 of the Salt Lake City Code entitled “Parking Restrictions Within Yards,” shall be and hereby is amended to read as set forth on Exhibit “E” attached hereto.

      SECTION 23. Section 21A.46.090 A.1 and 2 of the Salt Lake City Code shall be and hereby is amended to read as follows:

A.    Sign Regulations For The RMU-35, RMU-45, R-MU, MU, CN And CB Districts:

 

1. Purpose: Signage in the RMU-35, RMU-45, 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 RMU-35, RMU-45, 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.46.090A3, A.4. and A.5. of this Section, respectively, shall apply to all uses within the RMU-35, RMU-45, R-MU,  MU, CN and CB Districts.

 

SECTION 24. The table 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 “F” attached hereto.

SECTION 25. Section 21A.48.080 C.1 of the Salt Lake City Code shall be and hereby is amended to read as follows:

1. RMF-30, RMF-35, RMF-45, RMF-75, RMU-35, RMU-45, R-MU, RO, PL and OS Districts. Lots in the RMF-30, RMF-35, RMF-45, RMF-75, RMU-35, RMU-45, R-MU, RO, 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 26. Section 21A.48.080 D.1 of the Salt Lake City Code shall be and hereby is amended to read as follows:

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

 

      SECTION 27. The table located at Section 21A.54.150 E.2 of the Salt Lake Code shall be and hereby is amended to read as set forth on Exhibit “G” attached hereto.

      SECTION 28. 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 24th day of August, 2004.

 

Bill No. 71 of 2004.

Published: September 3, 2004.