Ordinance 60 of 2008

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SALT LAKE CITY ORDINANCE

No. 60 of 2008

(Amending definition of “Restaurant”; amending parking requirements for restaurants, retail goods establishments, and retail service establishments, so as to make said requirements the same for all three uses; amending off street parking requirements; amending alternative parking solutions and expanding off-site and shared parking options)

      AN ORDINANCE AMENDING SECTION 21A.62.040, SALT LAKE CITY CODE, PERTAINING TO ZONING CODE DEFINITIONS, AND SECTIONS 21A.44.010, 21A.44.020, 21A.44.030, AND 21A.44.060, SALT LAKE CITY CODE, PERTAINING TO OFF STREET PARKING AND LOADING REQUIREMENTS, AND AMENDING TABLES IN SECTION 21A.44.060E, PERTAINING TO SCHEDULE OF SHARED PARKING, SECTION 21A.44.060F, PERTAINING TO SCHEDULE OF MINIMUM OFF STREET PARKING REQUIREMENTS, SECTION 21A.24.190, PERTAINING TO PERMITTED AND CONDITIONAL USES FOR RESIDENTIAL DISTRICTS, AND SECTION 21A.26.080, PERTAINING TO PERMITTED AND CONDITIONAL USES FOR COMMERCIAL DISTRICTS, PURSUANT TO PETITION NO. 400-02-22.

      WHEREAS, the Salt Lake City Code contains certain definitions, including a definition for “restaurant” in Section 21A.62.040; and

      WHEREAS, the City Council now desires to amend said definition; and

      WHEREAS, the proposed amendment is consistent with the purposes, goals, objectives, and policies of Salt Lake City’s general plan; and

      WHEREAS, the Salt Lake City Code contains certain provisions pertaining to off-street parking and loading; and

      WHEREAS, the Salt Lake City Code contains certain provisions pertaining to permitted and conditional uses for residential districts; and

      WHEREAS, the Salt Lake City Code contains certain provisions pertaining to permitted and conditional uses for commercial districts; and

      WHEREAS, the City Council finds that the proposed 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.  AMENDMENT TO DEFINITIONS.  That Section 21A.62.040 of the Salt Lake City Code, pertaining to zoning code definitions be, and hereby is, amended, in part, to read as follows:

"Restaurant" means an establishment where food and drink are prepared, served, and consumed, mostly within the principal building.

      SECTION 2.  AMENDMENT TO OFF-STREET PARKING AND LOADING REQUIREMENTS.  That Section 21A.44.010G of the Salt Lake City Code, pertaining to off-street parking and loading be, and hereby is, amended, to read as follows:

G.    Damage Or Destruction: For any conforming or nonconforming use which is involuntarily damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off-street parking or loading facilities in compliance with the requirements of this Chapter need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. It shall not be necessary to restore or maintain parking or loading facilities in excess of those required by this Title for equivalent new uses or construction.

      SECTION 3.  AMENDMENT TO GENERAL OFF-STREET PARKING REQUIREMENTS.  That Section 21A.44.020L of the Salt Lake City Code, pertaining to off-street parking dimensions be, and hereby is, amended, to read as follows:

L.    Off Site Parking Facilities: Off site parking facilities may, in districts where they are specifically allowed as permitted or conditional uses, be used to satisfy the requirements of this title for off street parking, subject to the following requirements:

1. The maximum distance between the proposed use and the closest point of the off site parking facility shall not exceed five hundred feet (500'). However, in the D-1 district, such distance shall not exceed one thousand two hundred feet (1,200').

2. Projects requiring off-site, shared, and/or alternative parking in areas of the City where a UI zoning district abuts a D-1 district, the following apply;

a. For a project located within a UI district, the area available for off-site, shared, and/or alternative parking shall not exceed 500 feet within the UI district unless the D-1 district is located within 1,200 feet, in which case the area available for off-site, shared, and/or alternative parking may extend up to 1,200 feet from the project in the direction of the D-1 district;

b. For a project located within a D-1 district, the area available for off-site, shared, and/or alternative parking shall not exceed 1,200 feet; however, if the UI district is located within 1,200 feet, the area available for off-site, shared, and/or alternative parking shall not extend into the UI district more than 500 feet;

c. The maximum distance between the proposed use and the off-site, shared, and/or alternative parking shall be measured radially from the closest property line of the proposed use to the closest property line of the off-site, shared, and/or alternative parking;

d. Parking stalls shall not be counted more than once in off-site, shared, and/or alternative parking plans for different facilities, except where different plans comply with off-site, shared, and/or alternative parking regulations due to hours of operation, days of usage, or other reasons.

3. Off-site parking to support uses in the CB, CN, RB, MU, RMU, RMU-35 AND RMU-45 zones or a legal non-conforming use in a residential zone need not comply with the maximum five hundred foot (500’) distance limitation, provided the applicant can demonstrate that a viable plan to transport patrons or employees has been developed.  Such plans include, but are not limited to, valet parking or a shuttle system.  After July 31, 2008 no new off-site parking facilities may be created in any residential zoning district, except in the RB, RO, RMU, RMU-35 and RMU-45 zoning districts.  The Zoning Administrator has the authority to make discretionary decisions concerning the provisions of Table 21A.44.060E – Schedule of Shared Parking, when actual data is presented which supports a change in the parking requirement.  The Zoning Administrator may require a traffic and/or parking impact study in such matters.

4. Off site parking facilities shall be under the same ownership or leasehold interest as the lot occupied by the building or use to which the parking facilities are accessory. Private possession of off street parking facilities may be either by deed or by long term lease. The deed or lease shall require the owner and/or heirs, successors or assigns to maintain the required number of parking facilities for the duration of five (5) years' minimum contractual relationship. The city shall be notified when the contract is terminated. If for any reason the lease is terminated during the five (5) year minimum contractual period, the lessee, shall either replace the parking being lost through the terminated lease, or obtain approval for alternative parking requirements, section 21A.44.030 of this chapter. Pursuant to obtaining a building permit or conditional use permit, documentation of the off site parking facility shall be recorded against both the principal use property and the property to be used for off site parking.

      SECTION 4.  PARKING EXEMPTIONS FOR PEDESTRIAN FRIENDLY DEVELOPMENT.  Section 21A.44.020M of the Salt Lake Code, shall be, and hereby is, enacted to read as follows:

M. Parking Exemptions for Pedestrian Friendly Development.

1.  In the CB, CN, RB, MU, RMU, RMU-35 and RMU-45 zoning districts, businesses may be granted a partial exemption from off street parking requirements if they satisfy the criteria set forth below.

2.  For any business that has pedestrian friendly amenities, such as bike racks, baby buggy parking areas, benches or other similar pedestrian oriented amenities, which are located within 100 feet of the entrance to the business, either on public or private property, the first 2500 square feet of the building area shall be excluded from parking calculations and exempt from parking requirements.  Any such pedestrian oriented amenities must be permanently affixed to the property and shall be installed and maintained at the property owner or business owner’s expense.  Any pedestrian oriented amenities to be located on public property may only be installed pursuant to authorization granted by appropriate City officials, and upon proof of adequate insurance coverage to protect the city from liability.

3.  For any business which meets the criteria set forth in subsection 2 above, and which also has time limited on street parking of 2 hours or less ending at 6:00 p.m. located within the commercially zoned area and within 100 feet of the entrance to the business, the first 3500 square feet of the building area shall be excluded from parking calculations and exempt from parking requirements.  Any request to change unlimited on street parking to time limited on street parking must be reviewed and approved by appropriate City officials.

4.  For any business which meets the criteria set forth in subsection 2 above and which also has angular parking spaces which provide traffic calming and provide shorter unprotected crossing distances by narrowing the roadway, and which parking spaces are located within the commercially zoned area and within 100 feet of the entrance to the business, the first 3500 square feet of building area shall be excluded from parking calculations and exempt from parking requirements.  Any request to create angular on street parking spaces where such parking does not now exist, must be reviewed and approved by appropriate City officials.

5.  For any business which meets the criteria set forth in subsections 2, 3 and 4 above, the first 5000 square feet of building area shall be excluded from parking calculations and exempt from parking requirements.

      SECTION 5.  AMENDMENT TO ALTERNATIVE PARKING REQUIREMENTS.  That Section 21A.44.030A of the Salt Lake City Code, pertaining to alternative parking requirements be, and hereby is, amended, to read as follows:

A.    Types Of Alternative Parking Requirements: In considering a request for alternative parking requirements pursuant to this section the following actions may be taken:

1. Uses For Which An Alternative Parking Requirement May Be Allowed: The zoning administrator may authorize an alternative parking requirement for any use meeting the criteria set forth in Section 21A.44.030(B)(4) of this Chapter.

2. Modification Of Parking Geometries: The zoning administrator may authorize parking geometry configurations other than those normally required by city code or policy if such parking geometries have been approved, and the reasons therefor explained in writing, by the city transportation engineer.

3. Alternatives To On Site Parking: The zoning administrator may consider the following alternatives to on site parking:

a.  Leased parking;

b. Shared parking;

c. Off site parking;

d. An employer sponsored employee vanpool;

e. An employer sponsored public transportation program. (Note: See also subsections 21A.44.020L and 21A.44.060E of this chapter. These alternatives to on site parking are not subject to the alternative parking requirements outlined in this section.)

      SECTION 6.  AMENDMENT TO NUMBER OF OFF-STREET PARKING SPACES REQUIRED.  That Section 21A.44.060E of the Salt Lake City Code, pertaining to alternative parking requirements be, and hereby is, amended, to read as follows:

E.    Shared Parking: Where multiple uses share the same off-street parking facilities, reduced total demand for parking spaces may result due to differences in parking demand for each use during the course of the day. The following schedule of shared parking is provided indicating how shared parking for certain uses can be used to reduce the total parking required for shared parking facilities:

      SECTION 7.  AMENDMENT TO TABLE OF SCHEDULE OF SHARED PARKING.  That the table, entitled Schedule of Shared Parking, which is located at Section 21A.44.060E of the Salt Lake City Code, shall be, and hereby is, amended, as set forth in the attached Exhibit “A”.

      SECTION 8.  AMENDMENT TO TABLE OF SCHEDULE OF MINIMUM OFF STREET PARKING REQUIREMENTS.  That the table, entitled Schedule of Minimum Off Street Parking Requirements, which is located at Section 21A.44.060F of the Salt Lake City Code, shall be, and hereby is, amended, to read as set forth in the attached Exhibit “B”.

       SECTION 9.  AMENDMENT TO TABLE OF PERMITTED AND CONDITIONAL USES FOR RESIDENTIAL DISTRICTS.  That the table, entitled Table of Permitted and Conditional Uses for Residential Districts, which is located at Section 21A.24.190 of the Salt Lake City Code, shall be, and hereby is, amended, to read as set forth in the attached Exhibit “C”.

      SECTION 10.  AMENDMENT TO TABLE OF PERMITTED AND CONDITIONAL USES FOR COMMERCIAL DISTRICTS.  That the table, entitled Table of Permitted and Conditional Uses for Commercial Districts, which is located at Section 21A.26.080 of the Salt Lake City Code, shall be, and hereby is, amended, to read as set forth in the attached Exhibit “D”.

      SECTION 11.  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 22^nd day of July, 2008.

Bill No. 60 of 2008.

Published: August 2, 2008.

Exhibit A

Exhibit B

Exhibit C

21A.24.190  Table of Permitted and Conditional Uses For Residential Districts:

Qualifying Provisions:

1. A single apartment unit may be located above first floor retail/office.

2. Provided that no more than 2 two-family buildings are located adjacent to one another and no more than 3 such dwellings are located along the same block face (within subdivisions approved after April 12, 1995).

3. Subject to conformance with the provisions of subsection 21A.24.170E of this chapter.

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

5. See subsection 21A.02.050B of this title for utility regulations.

6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building's footprint. Building additions greater than 50 percent of the building's footprint or new office building construction are subject to the conditional use process.

(Ord. 2-08 § 1, 2008: Ord. 13-06 § 4 (Exh. C), 2006: Ord. 54-05 § 1 (Exh. A), 2005: Ord. 11-05, 2005: Ord. 71-04 § 3 (Exh. C), 2004: Ord. 13-04 § 5, 2004: Ord. 5-02 § 2, 2002: Ord. 19-01 § 6, 2001: Ord. 35-99 § 20, 1999: Ord. 30-98 § 2, 1998: Ord. 19-98 § 1, 1998: amended during 5/96 supplement: Ord. 88-95 § 1 (Exh. A), 1995: Ord. 84-95 § 1 (Exh. A), 1995: Ord. 26-95 § 2(12-18), 1995)

Exhibit D

21A.26.080 Table of Permitted and Conditional Uses For Commercial Districts: