Ordinance 10 of 2010

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SALT LAKE CITY ORDINANCE

No. 10 of 2010

(An ordinance amending certain land use provisions of

Title 21A (Zoning) of the Salt Lake City Code)

      An ordinance amending certain sections of Title 21A (Zoning) of the Salt Lake City Code pursuant to Petition No. PLNPCM2008-00643 to provide additional clarity and efficiency in land use regulation.

      WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on June 24, 2009 to consider a request made by Salt Lake City Mayor Ralph Becker (petition no. PLNPCM2008-00643) to amend the text of certain sections of Title 21A (Zoning) of the Salt Lake City Code to provide further clarity and efficiency in land use regulation; and

      WHEREAS, at its June 24, 2009 hearing, the Planning Commission voted in favor of recommending to the City Council that the City Council amend the sections of Title 21A of the Salt Lake City Code identified herein; and

      WHEREAS, after a public hearing on this matter the City Council has determined that the following ordinance is in the City’s best interests,

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

SECTION 1.  Amending text of Salt Lake City Code section 21A.36.030.  That section 21A.36.030.A of the Salt Lake City Code (Home Occupations), shall be, and hereby is, amended to read as follows:

21A.36.030 Home Occupations:

A. Purpose: The purpose of this section is to permit the establishment of home occupations in all residential districts and within legal conforming single family, duplex, and multifamily dwellings within commercial and nonresidential districts and ensure that the home occupations are compatible with the district in which they are located and have no negative impact upon the surrounding neighborhood.

SECTION 2. Amending text of Salt Lake City Code section 21A.36.130.  That sections 21A.36.130.A through 21A.36.130.B of the Salt Lake City Code (Child Daycare), shall be, and hereby is, amended to read as follows:

21A.36.130 Child Daycare:

Child daycare shall be permitted pursuant to the following provisions:

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, R-MU-35, R-MU-45, R-MU, MU and RO districts and within legal conforming single family, duplex, and multifamily dwellings within commercial and nonresidential districts excluding M-1 and M-2 districts. A business revenue license or home occupation conditional use approval shall not be required.

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 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, R-MU-35, R-MU-45, R-MU, MU and RO districts and within legal conforming single family, duplex, and multifamily dwellings within commercial and nonresidential districts excluding M-1 and M-2 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 3. Amending text of Salt Lake City Code section 21A.32.140.  That the table, titled “Table of Permitted and Conditional Uses For Special Purpose Districts”, which is located at section 21A.32.140 of the Salt Lake City Code, shall be, and hereby is, amended, in part, such that only the following provisions of said table are amended:

SECTION 4. Amending text of Salt Lake City Code section 21A.36.040.  That section 21A.36.040 of the Salt Lake City Code (Resident Healthcare Facilities), shall be, and hereby is, amended to read as follows:

21A.36.040 Resident Healthcare Facilities:

A "resident healthcare 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, R-MU-35, R-MU-45, R-MU, 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 5. Amending text of Salt Lake City Code section 21A.36.050.  That section 21A.36.050 of the Salt Lake City Code (Assisted Living Facilities), 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, R-MU-35, R-MU-45, MU 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 6. Amending text of Salt Lake City Code section 21A.36.060.  That section 21A.36.120 of the Salt Lake City Code (Nursing Care Facilities), 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, R-MU-35, R-MU-45, MU 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 7. Amending text of Salt Lake City Code section 21A.36.070.  That sections 21A.36.070.C through 21A.36.070.D of the Salt Lake City Code (Group Homes), shall be, and hereby is, amended to read as follows:

C.    Small Group Homes - Authorized As Permitted Uses: Small group homes shall be permitted 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, R-MU-35, R-MU-45, R-MU, RO, MU, CC, CG, D-2, D-3, AG, AG-2, and AG-5 districts provided:

1.    No small group home shall be located within eight hundred feet (800') of another group home; and

2.    Small group homes established in the RB and RO districts shall be located above the ground floor.

D.    Large Group Homes - Authorized 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, R-MU-35, R-MU-45, R-MU, RO, MU, CC, CG, D-2, D-3 and G-MU districts provided:

1.    No large group home shall be located within eight hundred feet (800') of another group home; and

2. Large group homes established in the RB and RO districts shall be located above the ground floor.

SECTION 8. Amending text of Salt Lake City Code section 21A.36.080.  That sections 21A.36.080.C through 21A.36.080.E of the Salt Lake City Code (Transitional Victim Homes), shall be, and hereby is, amended to read as follows:

C.    Small Transitional Victim Homes - Authorized As Permitted Uses: Small transitional victim homes shall be permitted as either principal or accessory uses pursuant to subsection B of this section in the RMF-75, R-MU, MU and RO districts provided:

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

2.    Small transitional victim homes established in RO districts shall be located above the ground floor.

D.    Small Transitional Victim Homes - Authorized 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, R-MU-35, R-MU-45, CC, CG, D-2, D-3, and G-MU districts provided:

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

E. Large Transitional Victim Homes - Authorized 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, R-MU-45, R-MU, RO, MU, CC, CG, D-2, D-3, and G-MU districts provided:

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

2.    Small transitional victim homes established in RO districts shall be located above the ground floor.

SECTION 9. Amending text of Salt Lake City Code section 21A.36.090.  That sections 21A.36.090.C through 21A.36.090.D of the Salt Lake City Code (Transitional Treatment Homes), 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, R-MU-35, R-MU-45, R-MU, MU, RO, CC, CG, D-2, D-3, and G-MU districts provided:

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 community correctional facility; and

2.    A small transitional treatment home established in the RO district shall be located above the ground floor.

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, R-MU-45, R-MU, RO, MU, CC, CG, D-2, D-3, and G-MU districts provided:

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 community correctional facility; and

2.    A large transitional treatment home established in the RO district shall be located above the ground floor.

SECTION 10. Amending text of Salt Lake City Code section 21A.36.100.  That sections 21A.36.100.C through 21A.36.100.E of the Salt Lake City Code (Residential Substance Abuse Treatment Homes), shall be, and hereby is, amended to read as follows:

C.    Small Residential Substance Abuse Treatment Homes - Authorized 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, R-MU-35, R-MU-45, R-MU, MU and RO districts provided:

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

2.    A small residential substance abuse treatment home established in RO districts shall be located above the ground floor.

D.    Small Residential Substance Abuse Treatment Homes - Authorized As Conditional Uses: Small 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-35, RMF-45, CC, CG, D-2, D-3 and G-MU districts provided:

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

E.    Large Residential Substance Abuse Treatment Homes - Authorized 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, R-MU-45, R-MU, RO, MU, CC, CG, D-2, D-3, and G-MU districts provided:

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

2.    A small residential substance abuse treatment home established in RO districts shall be located above the ground floor.

SECTION 11. Amending text of Salt Lake City Code section 21A.36.120.  That section 21A.36.120.A of the Salt Lake City Code (Adult Daycare Center), shall be, and hereby is, amended to read as follows:

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

SECTION 12. Amending text of Salt Lake City Code section 21A.40.090.E.  That the table, titled “Wireless Telecommunication Facilities”, which is located at section 21A.40.090.E of the Salt Lake City Code, shall be, and hereby is, amended, in part, such that only the following provisions of said table are amended:

Table 21A.40.090E
WIRELESS TELECOMMUNICATIONS FACILITIES

Notes:
P Permitted use.
C Conditional use.

SECTION 13. Amending text of Salt Lake City Code section 21A.26.080.  That the table, titled “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, in part, such that only the following provisions of said table are amended:

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

Qualifying Provisions:

8. Mixed use development within the CN Zoning District may include single family and duplex dwellings. 

SECTION 14. Amending text of Salt Lake City Code section 21A.46.110.  That section 21A.46.110.A.4.c of the Salt Lake City Code (Sign Regulations for Downtown Districts: Corporate Flags), shall be, and hereby is, amended to read as follows:

c. Corporate Flags: The pole support must be attached directly to the building and located so that all portions of the flag clear the pedestrian level of the building. Flags shall not interfere with street trees, light poles, utility lines, etc., and shall maintain a ten foot (10') clearance from the sidewalk. Corporate flags may be additionally anchored at the bottom with a cable, chain, rope or other non-rigid devise, to prevent excessive movement. However, if more than one structural support is provided, the flag shall be considered a fabric "projecting sign".

SECTION 15.  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 2^nd day of March, 2010.

Bill No. 10 of 2010.

Published: March 13, 2010.