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SALT LAKE CITY ORDINANCE
No. 76 of 2005
Alternative B
(Amending the Salt Lake City Zoning Code to
create transit oriented zoning districts, rezoning property
along the east-west light rail corridor, and making
other related changes)
AN ORDINANCE AMENDING THE SALT LAKE CITY ZONING CODE TO CREATE TRANSIT ORIENTED ZONING DISTRICTS, CHANGING THE ZONING ALONG THE EAST-WEST LIGHT RAIL CORRIDOR, AND MAKING OTHER RELATED CHANGES, PURSUANT TO PETITION NOS. 400-01-48 and 400-01-12.
WHEREAS, the East-West Light Rail corridor from the downtown business district to the University of Utah Campus has recently been established; and
WHEREAS, in order to maximize the potential of that light rail system, the City is anxious to encourage new development which would focus on mass transit and pedestrian traffic, rather than automobile traffic; and
WHEREAS, after hearings before the Planning Commission and the Salt Lake City Council, the City Council has determined that the following ordinance is in the best interest of the City;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 21A.26.077 TC-75 of the Salt Lake City Code entitled “Transit Corridor District,” shall be and hereby is enacted to read as follows:
21A.26.077 TC-75 Transit Corridor District:
A. Purpose Statement: The purpose of the TC-75 Transit Corridor District is to provide an environment for efficient and attractive transit and pedestrian oriented commercial, residential and mixed-use development along major transit corridors. The design guidelines are intended to create a pedestrian friendly environment and to emphasize that pedestrian and mass-transit access is the primary focus of development.
B. Uses: Uses in the TC-75 Transit Corridor District as specified in the Table of Permitted and Conditional Uses for Commercial Districts found at Section 21A.26.080 of this Chapter, are permitted subject to the general provisions set forth in Section 21A.26.010 of this Chapter and this Section.
C. Planned Development Review: Planned developments, which meet the intent of the ordinance, but not the specific design criteria outlined in the following subsections may be approved by the Planning Commission pursuant to the provisions of Section 21A.54.150 of this Title.
D. Minimum Lot Size:
1. Minimum Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: Fifty feet (50’).
E. Minimum Yard Requirements:
1. Front And Corner Side Yards: Fifteen feet (15'), Exceptions to this requirement may be authorized through the conditional building and site design review process, subject to the requirements of Part V, Chapter 21A.59 of this Title, and the review and approval of the Planning Commission. Exceptions to the minimum setback are limited to the two lower levels of the building only; the main tower of the building must maintain the minimum setback. Exceptions are limited to structural elements that enhance the pedestrian experience of the space such as, but not limited to, patio covers, building entry canopies, etc.
2. Interior Side Yards: None required.
3. Rear Yards: None required.
4. Buffer Yards: All lots abutting property in a residential district shall conform to the buffer yard requirement of Part IV, Chapter 21A.48 of this Title.
5. Accessory Buildings And Structures In Yards: Accessory buildings and structures may be located in a required yard subject to Table 21A.36.020B of this Title.
6. Maximum building setback: 25 feet. Exceptions to this requirement may be authorized through the conditional building and site design review process, subject to the requirements of Part V, Chapter 21A.59 of this Title, and the review and approval of the Planning Commission. The majority of the ground level facade of a building shall be placed parallel, and not at an angle, to the street. Where an arcade facing the street is provided, the maximum setback for the building shall be measured to the supporting beams for the arcade or the facade of the upper floors, not the facade of the arcade level. The Planning Director, in consultation with the Transportation Director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk. The Planning Director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than 50% if the Planning Director finds the following:
a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture.
b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance.
Any appeal of an Administrative Decision made pursuant to subsection E.6 may be made to the Planning Commission.
F. Landscape Yard Requirements: A landscape yard of fifteen feet (15') shall be required on all front and corner side yards, conforming to the requirements of Section 21A.48.090 and subsection 21A.48.100C of this Title, except as authorized as a conditional use, subject to conformance with the standards and procedures of Part V, Chapter 21A.54 of this Title.
G. Maximum Non-residential Building Height: The maximum building height in the TC-75 zoning district shall not exceed thirty feet (30’) for those buildings used exclusively for non-residential purposes.
1. Additional building square footage may be allowed up to a maximum building height of seventy-five feet (75’) [or to a building height of one-hundred and twenty-five feet (125’) through the conditional building and site design review process, subject to conformance with the standards and procedures of Part V, Chapter 21A.59 of this Title and conformity with applicable Master Plan policy] provided that for each additional floor of non-residential use above thirty feet (30’), the equivalent amount of square footage, inclusive of the first thirty feet (30’) is required to be built as residential square footage.
2. The residential component may be transferred off-site to another property in the TC-75 zoning district along the 400 South Street frontage generally located between 200 East and 925 East. For such off-site residential configuration, the amount of residential development required is equal to the square footage of the total amount of square footage obtained for the non-residential floors rising in the total project.
3. For those developments where the required residential component is transferred off-site, prior to the issuance of a building permit for the non-residential structure, the applicant must identify specifically where the residential structure will be located in the area zoned TC-75 along to 400 South Street corridor generally located between 200 East and 900 East and enter into a development agreement with the City to ensure the construction of the residential structure in a timely manner. In such cases where the residential use is built off-site, one of the following shall apply:
a. Construction of the off-site residential use must be progressing beyond the footings and foundation stage, prior to the non-residential portion of the development obtaining a certificate of occupancy, or
b. A financial assurance that construction of the off-site residential use will commence within two (2) years of receiving a certificate of occupancy for the non-residential component of the development. The financial assurance shall be in an amount equal to fifty percent (50%) of the construction valuation for the residential component of the development as determined by the Building Official. The City shall call the financial assurance and deposit the proceeds in the City’s Housing Trust Fund if construction has not commenced within two (2) years of the issuance of the certificate of occupancy for the non-residential component of the development.
4. Maximum building height may be obtained to one hundred and twenty-five feet (125’) for any building subject to at least ninety percent (90%) of all parking for said building being provided as structured parking.
H. Maximum Residential Building Height: No residential building, or mixed use building shall exceed seventy five feet (75') in height. Building heights in excess of seventy-five (75) feet, but not more than one hundred and twenty-five feet (125 feet) may be approved through the conditional building and site design review process, subject to conformance with the standards and procedures of Part V, Chapter 21A.59 of this Title and conformity with applicable Master Plan policy
1. Maximum building height may be obtained to one hundred and twenty-five feet (125’) where at least ninety percent (90%) of all parking for said building is provided as structured parking.
2. The ground floor shall include either non-residential uses or public service portions of residential buildings.
I. Restrictions On Parking Lots And Structures: The following regulations shall apply to surface or above ground parking facilities.
1. Block Corner Areas: Within block corner areas, surface parking lots and structures shall be located behind principal buildings, or at least sixty feet (60') from front and corner side lot lines.
2. Mid-Block Areas: Within the mid-block areas, parking structures shall be located behind principal buildings, or above the first level, or at least thirty feet (30') from front and corner side lot lines. A modification to this requirement may be granted as a conditional use, subject to conformance with the standards and procedures of Part V, Chapter 21A.54 of this Title. Parking structures located above the first level and less than 30 feet from a front or corner side yard shall meet the following:
a. Retail goods/service establishments, offices and/or restaurants shall be provided on the first floor adjacent to the front or corner side lot line.
b. Levels of parking above the first level facing the front or corner side lot line shall have floors and/or facades that are horizontal, not sloped.
Mid-block surface parking lots shall have a twenty-five foot (25') landscaped setback.
3. Accessory and Commercial Parking Structures: Accessory parking structures, built prior to the principal use, and commercial parking structures, shall be permitted as conditional uses with the approval of the Planning Commission pursuant to the provisions of Part V, Chapter 21A.54 of this Title.
4. Below ground Parking Facilities: No special design and setback restrictions shall apply to below ground parking facilities.
5. Landscape Requirements: Surface parking lots shall meet interior landscaped requirements as outlined in Chapter 21A.48 of this Title.
6. The Planning Director may modify or waive this requirement if the Planning Director finds the following:
a. The parking is compatible with the architecture/design of the original structure or the surrounding architecture.
b. The parking is not part of a series of incremental additions intended to subvert the intent of the ordinance.
c. The horizontal landscaping is replaced with vertical screening in the form of berms, plant materials, architectural features, fencing and/or other forms of screening.
d. The landscaped setback is consistent with the surrounding neighborhood character.
e. The overall project is consistent with Chapter 21A.59.060.
Any appeal of an Administrative Decision made pursuant to subsection I.6 may be made to the Planning Commission.
7. Conditional building and site design review: A modification to the restrictions on parking lots and structures provisions of this Section may be authorized as conditional building and site design review, subject to the requirements of Part V, Chapter 21A.59 of this Title, and the review and approval of the Planning Commission.
J. 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, shall not have less than forty percent (40%) glass surfaces. There must be visual clearance behind the glass for a minimum of two feet (2’). All first floor glass shall be non-reflective. The reflectivity in glass shall be limited to eighteen percent (18%) as defined by ASTA Standards. Display windows that are three-dimensional (3-D) and are at least two feet (2') deep are permitted and may be counted toward the forty percent (40%) glass requirement. Exceptions to this requirement may be authorized as conditional building and site design review, subject to the requirements of Part V, Chapter 21A.59 of this Title, and the review and approval of the Planning Commission. The Planning Director may approve a modification to this requirement if the Planning Director 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.
c. The ground level of the building is occupied by residential uses, in which case the forty percent (40%) glass requirement may be reduced to twenty-five percent (25%).
Any appeal of an Administrative Decision made pursuant to subsection J may be made to the Planning Commission.
K. Doors and Facades: Provide at least one operable building entrance per elevation that faces a public street. Buildings that face multiple streets are only required to have one door on either street, if the facades for both streets meet the forty percent (40%) glass requirement as outlined in Section 21A.26.077.J.
L. Maximum Length of blank walls: The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the first floor level shall be fifteen feet (15').
M. Density: There is no maximum residential density.
SECTION 2. Sections 21A.44.040.C.7 and 8 of the Salt Lake City Code shall be and hereby are enacted to read as follows:
21A.44.040.C.8 TC-75 District:
a. For non-residential uses in the TC-75 district, no off-street parking shall be required for the first five thousand (5,000) square feet of floor area. For all non-residential uses with more than five thousand (5,000) square feet, the parking requirement shall be one space per one thousand (1,000) square feet of gross floor area, including the initial five thousand (5,000) square feet.
b. All residential parking requirements listed in Table 21A.44.060F are reduced by fifty percent (50%) within the TC-75 Zoning District.
SECTION 3. Section 21A.48.080.C.12 of the Salt Lake City Code shall be and hereby is enacted to read as follows:
21A.48.080.C.12 TC-75 District:
Lots in the TC-75 District which abut a lot in a residential district, shall provide a ten (10) foot landscaped buffer.
SECTION 4. Section 21A.54.150.E.4 of the Salt Lake City Code shall be and hereby is enacted to read as follows:
21A.54.150.E.4 Planned developments within the, TC-75, RB, RMU, MU, CN, CB, and CSHBD zoning districts and the South State Street Overlay. Also planned developments within the CS zoning district, when the district is adjacent to more than 60% residential zoning (within 300 feet, either on the same block or across the street).
Planned developments within these zoning districts may be approved subject to consideration of the following general conceptual guidelines (a positive finding for each is not required):
a. The development shall be primarily oriented to the street, not an interior courtyard or parking lot,
b. The primary access shall be oriented to the pedestrian and mass transit,
c. The façade shall maintain detailing and glass in sufficient quantities to facilitate pedestrian interest and interaction,
d. Architectural detailing shall emphasize the pedestrian level of the building,
e. Parking lots shall be appropriately screened and landscaped to minimize their impact on the neighborhood,
f. Parking lot lighting shall be shielded to eliminate excessive glare or light into adjacent neighborhoods,
g. Dumpsters and loading docks shall be appropriately screened or located within the structure, and
h. Signage shall emphasize the pedestrian/mass transit orientation.
SECTION 5. The table 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 “A” attached hereto. SECTION 6. Section 21A.46.095 of the Salt Lake City Code shall be and hereby is enacted to read as follows:
21A.46.095 Sign Regulations for Transit Corridor Districts:
The following regulations shall apply to signs permitted in transit corridor districts. Any sign not expressly permitted by these district regulations is prohibited.
a. Sign regulations for the TC-75 transit corridor district:
1. Purpose: Sign regulations for the TC-75 district are intended to provide for appropriate signage oriented primarily to pedestrian and mass transit traffic.
2. Applicability: Regulations on Table 21A.46.095.A.3 of this section shall apply to all lots within the TC-75 district.
SECTION 7. The table located at Section 21A.46.095.A.3 of the Salt Lake City Code shall be and hereby is enacted as set forth on Exhibit “B” attached hereto.
SECTION 8. The table located at Section 21A.26.080 of the Salt Lake City Code entitled “Table of Permitted and Conditional Uses for Commercial Districts,” shall be and hereby is amended to read as set forth on Exhibit “C” attached hereto.
SECTION 9. The table located at Section 21A.26.090 of the Salt Lake City Code entitled “Summary Table of Yard and Bulk requirements - Commercial Districts,” shall be and hereby is amended to read as set forth on Exhibit “D” attached hereto.
SECTION 10. Section 21A.62.040 of the Salt Lake City Code shall be and hereby is amended to include the following definitions in alphabetical order:
"Block corner" means the ninety degree (90˚) intersection of private property adjacent to the intersection of two public street rights of way both of which are at least 132 feet wide. When applied to corner buildings, the provisions of this ordinance shall extend to 165 feet from the block corner on the street face and 165 feet in depth.
"Corner building" means a building, the structure of which rises above the ground within 100 feet of a block corner on the street face and 100 feet in depth.
"Mid-block area" means an area of development not deemed to be a block corner.
SECTION 11. The properties located along the East-West light rail corridor on 400 South, which are more particularly identified on Exhibit “E” attached hereto, shall be and hereby are rezoned from commercial corridor (CC) to transit oriented district (TC-75).
SECTION 12. Amending of zoning map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended consistent with the rezoning identified above.
SECTION 13. Amendment of Master Plan. To the extent necessary, the Central Community Master Plan shall be and hereby is amended consistent with the rezoning identified above.
SECTION 14. 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 6th day of December, 2005.
Bill No. 76 of 2005.
Published: December 21, 2005.
Contact Recorder’s Office for Exhibits.