Ordinance 25 of 2017

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SALT LAKE CITY ORDINANCE

No. 25 of 2017

(Amending various sections of the Salt Lake City Code

pertaining to TSA (Transit Station Area) zoning districts)

              An ordinance amending various sections of the Salt Lake City Code pertaining to TSA (Transit Station Area) zoning districts, pursuant to Petition No. PLNPCM2016-00522.

              WHEREAS, the Salt Lake City Planning Commission held a public hearing on November 9, 2016 to consider a request made by the Salt Lake City Council (“Applicant”) (Petition No. PLNPCM2016-00522) to amend Sections 21A.26.078 (Zoning: Commercial Districts: Transit Station Area District), and 21A.10.020.B (Zoning: General Application and Public Hearing Procedures: Public Hearing Notice Requirements: Special Noticing Requirements for Administrative Approvals), adopting a new Section 21A.33.035 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts), and amending the Transit Station Area Development Guidelines; and

              WHEREAS, at its November 9, 2016 hearing, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council; and

              WHEREAS, the city council finds after holding a public hearing on this matter, that adopting this 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 the Text of Salt Lake City Code Section 21A.26.078.  That Section 21A.26.078 (Zoning: Commercial Districts: Transit Station Area District) of the Salt Lake City Code shall be, and hereby is, amended to read as follows:

21A.26.078: TSA TRANSIT STATION AREA DISTRICT:

A.   Purpose Statement: The purpose of the TSA transit station area district is to provide an environment for efficient and attractive transit and pedestrian oriented commercial, residential and mixed use development around transit stations. Redevelopment, infill development and increased development on underutilized parcels should include uses that allow them to function as part of a walkable, mixed use district. Existing uses that are complementary to the district, and economically and physically viable, should be integrated into the form and function of a compact, mixed use pedestrian oriented neighborhood. Each transit station is categorized into a station type. These typologies are used to establish appropriate zoning regulations for similar station areas. Each station area will typically have two (2) subsections: the core area and the transition area. Due to the nature of the area around specific stations, the restrictions of overlay zoning districts, and the neighborhood vision, not all station areas are required to have a core area and a transition area.

1.    Core Area: The purpose of the core area is to provide areas for comparatively intense land development with a mix of land uses incorporating the principles of sustainable, transit oriented development and to enhance the area closest to a transit station as a lively, people oriented place. The core area may mix ground floor retail, office, commercial and residential space in order to activate the public realm.

2.    Transition Area: The purpose of the transition area is to provide areas for a moderate level of land development intensity that incorporates the principles of sustainable transit oriented development. The transition area is intended to provide an important support base to the core area and transit ridership as well as buffer surrounding neighborhoods from the intensity of the core area. These areas reinforce the viability of the core area and provide opportunities for a range of housing types at different densities. Transition areas typically serve the surrounding neighborhood and include a broad range of building forms that house a mix of compatible land uses. Commercial uses may include office, retail, restaurant and other commercial land uses that are necessary to create mixed use neighborhoods.

B.   Station Area Types: A station area typology is the use of characteristics, such as building types, mix of land use, transit service and street network to create generalizations about an area that can be used to define a common vision for development of a transit station area. Each typology recognizes the important difference among places and destinations and takes into account the local context of a station and its surroundings. Refer to the official Salt Lake City zoning map to determine the zoning of the land within each station area.

1. Urban Center Station (TSA-UC): An urban center station contains the highest relative intensity level and mix of uses. The type of station area is meant to support Downtown Salt Lake and not compete with it in terms of building scale and use.

2.    Urban Neighborhood Station (TSA-UN): An evolving and flexible development pattern defines an urban neighborhood station area. Urban neighborhoods consist of multilevel buildings that are generally lower scale than what is found in the urban center station area. The desired mix of uses would include ground floor commercial or office uses with the intent of creating a lively, active, and safe streetscape.

3.    Mixed Use Employment Center Station (TSA-MUEC): A mixed use employment station is an area with a high concentration of jobs that attract people from the entire region. Buildings are often large scale in nature and may have large footprints. Land uses that support the employment centers such as retail sales and service and restaurants are located throughout the station area and should occupy ground floor space in multi-story buildings oriented to the pedestrian and transit user. A mix of housing types and sizes are appropriate to provide employees with the choice to live close to where they work. Building types should trend toward more flexible building types over time. Connectivity for all modes of travel is important due to the limited street network.

4.    Special Purpose Station (TSA-SP): The special purpose station is typically centered on a specific land use or large scale regional activity. These areas are generally served by a mix of transit options. Land uses such as restaurants and retail support the dominant land use and attract people to the area. A mix of housing types and sizes are appropriate in certain situations. Future development should be aimed at increasing the overall intensity and frequency of use in the station area by adding a mix of uses that can be arranged and designed to be compatible with the primary use.

C.   Review Process: The review process for all new development and redevelopment within the transit station area zoning district is based on the development score which is generated by the “Transit Station Area Development Guidelines” hereby adopted by reference.

1.    The following types of development are required to go through this review process:

a.    Any addition of one thousand (1,000) square feet or more that extend a street facing building facade or are located to the side of a building and are visible from a public space; or

b.    Additions that increase the height of an existing building or change the existing roofline;

c.    Additions to the rear of buildings that are not adjacent to a public street, trail or other public space are not required to obtain a development score but must comply with all other applicable regulations. Signs, fences, accessory structures and any other structure or addition not listed in this section are not required to obtain a development score.

d.    Single-family detached dwellings and two-family dwellings are not required to obtain a development score.

2.    Application Process Steps:

a.    Presubmittal Conference: All applicants for development within the transit station area zoning district are required to attend a presubmittal conference with the planning division. The purpose of the presubmittal conference is to notify the applicant of the goals of the station area plans, the standards in this section, and the review and approval process.

b.    Development Review Application: After a presubmittal conference, the developer can submit a development review application. This application and all submittal requirements will be used to determine the development score. The application shall include a score sheet on which the development guidelines and their assigned values are indicated and two (2) checklists: one for the applicant’s use and one for the planning division’s use.

c.    Public Noticing: A notice of application for a development review shall be provided in accordance with Chapter 21A.10 of this title.

d.    Application Review: Table 21A.26.078.C.2.d of this section summarizes the application review process. All applications shall be processed as follows:

(1)  Tier 1 Planning Commission Review: If a project is assigned a score less than 125 points, the project can only be approved by the planning commission through the Conditional Building and Site Design Review process in Chapter 21A.59 of this title. Once the applicant receives written notice of their score, they will be given thirty (30) days to notify the planning division of their intention to proceed with the project through the conditional building and site design review process or make necessary plan adjustments to increase their development score to the minimum level in order to go through an administrative review process. 

(2)  Tier 2 Administrative Review: The planning director has the authority to approve a project scoring 125 points or more without holding a public hearing. The project shall be allowed to go through the standard building permit process. A public hearing is not required because the project incorporates adequate development guidelines or development incentives to be deemed compliant with the vision for the station area.

TABLE 21A.26.078.C.2.d APPLICATION REVIEW 

D.   Development Score: The purpose of the development score is to allow flexibility for designers while implementing the city’s vision of the applicable station area plans and the purpose of this zoning district. The development score measures the level of compatibility between a proposed project and the station area plan. A “station area plan” is a development, land use, urban design and place making policy document for the area around a specific transit station. The development score is based on the development guidelines and development incentives in the “Transit Station Area Development Guidelines” book, hereby adopted by reference. The “Transit Station Area Development Guidelines” shall be amended following the adopted procedures for zoning text amendments in Chapter 21A.50, “Amendments”, of this title.

1.    Formulating the Score: The development score is formulated by calculating all of the development guideline values for a particular project. Each design guideline and incentive is given a value based on its importance. Some guidelines are considered more important and carry a higher value than others. All other applicable zoning regulations shall be complied with by all projects and are not calculated in the development score.

2.    Project Review: A development score shall be assigned to all projects within the transit station area zoning district after a complete development review application is submitted. The planning director shall provide, in writing, a copy of the review checklist and explanation of the outcome of the score to the applicant within thirty (30) days of submitting a complete application.

3.    Appeals: The development score may be appealed. All appeals of the development score are heard by the Appeals Hearing Officer. In hearing the appeal, the Appeals Hearing Officer shall hold a public hearing in accordance with Section 21A.10.030 of this title. In deciding the appeal, the Appeals Hearing Officer shall base its decision on its interpretation of the development guidelines and the development score.

4.    Expiration: No development score shall be valid for a period longer than one year unless a building permit has been issued or complete building plans have been submitted to the division of building services.

E.   Development Standards:

1.    Application: The dimensional requirements of this section apply to all new buildings and developments as well as additions to existing buildings. Additions that bring the property closer to compliance are allowed. The following development standards apply to the core and transition areas of all station types.

2.    Building Height: The minimum and maximum building heights are found in Table 21A.26.078.E.2, “Building Height Regulations”, of this section. The following exceptions apply:

a.    The minimum building height applies to all structures that are adjacent to a public or private street. The building shall meet the minimum building height for at least fifty percent (50%) of the width of the street facing building wall.

b.    Projects that achieve a development score that qualifies for administrative review are eligible for an increase in height. The increase shall be limited to one story of habitable space. The height of the additional story shall be equal to or less than the average height of the other stories in the building. This is in addition to the height authorized elsewhere in this title.

TABLE 21A.26.078.E.2 
BUILDING HEIGHT REGULATIONS 

Notes:

1.    Minimum building heights apply to those properties with frontage on the street where fixed rail transit is located.

2.    Buildings with a roof that has at least 2 sloping planes may be allowed up to 105 feet. The slope of the plane must have a minimum slope of a two feet rise over a 12 foot run. The additional height may include habitable space. The sloping planes must be clearly visible and create a sloped roof shape. The sloping planes shall not be hidden by a parapet wall.

3.    Setbacks:

a.    General Standards for Front/Corner Side Yards:

(1) All portions of the yard not occupied by building, driveways, walkways or other similar features must be landscaped or include an active outdoor use, such as outdoor dining, plazas, courtyards or other similar outdoor use. See Section 21A.26.078.F for specific front yard design requirements.

(2) Parking is prohibited in the front and corner side yards.

(3) Walls up to three feet (3’) in height, patios and other similar elements intended to activate the sidewalk can be located to the property line.

(4) Awnings or canopies may be located within any portion of the yard and are not subject to the front or corner side yard restrictions in Table 21A.36.020.B.

(5) Balconies may project up to two feet (2’) into the required yards and are not subject to the front or corner side yard restrictions in Table 21A.36.020.B.

(6) All front and corner side yard standards in Table 21A.26.078.E.3.b may be modified through the Conditional Building and Site Design Review process of Chapter 21A.59, except that the front and corner side yard setback for 400 South shall not be reduced below the minimum.

b.    TABLE 21A.26.078.E.3.b Setback Standards:

c.    Special Setback Provisions for Properties Adjacent to Jordan River: For properties that are adjacent to the Jordan River, the building setback from the Jordan River shall be fifty feet (50’), measured from the annual high water level as defined in Section 21A.34.130 of this title. For buildings over fifty feet (50’) in height, the setback shall increase one foot (1’) for every foot in height over fifty feet (50’) up to a maximum of seventy five feet (75’). Portions of buildings over fifty feet (50’) in height may be stepped back to comply with this standard.

4. Minimum Lot Area and Lot Width Requirements:

TABLE 21A.26.078.E4 MINIMUM LOT AREA AND LOT WIDTH STANDARDS

a.    The minimum lot area applies to all new subdivisions of land and shall not be used to calculate residential density.

b.    Any legally existing lot may be developed without having to comply with the minimum lot size or width requirements.

c.    Lots subdivided for single-family detached, single-family attached, and two-family residential dwellings are exempt from minimum lot width requirements.

d.    Lots subdivided for single-family attached dwellings are exempt from minimum lot area provided that:

(1) Parking for units shall be rear loaded and accessed from a common drive shared by all units in a particular development;

(2) Driveway access shall connect to the public street in a maximum of 2 locations; and

(3) No garages shall face the primary street and front yard parking shall be strictly prohibited.

5.    Open Space:  Open space shall be provided at a rate of one (1) square foot for every ten (10) square feet of land area included in the development, up to five thousand (5,000) square feet for Core areas, and up to two thousand five hundred (2,500) square feet for Transition areas. Open space includes landscaped yards, patios, public plazas, pocket parks, courtyards, rooftop and terrace gardens and other similar types of open space amenity. All required open space shall be accessible to the users of the building(s).

6.    Circulation and Connectivity: Development within the station area shall be easily accessible from public spaces and provide safe and efficient options for all modes of travel. Circulation networks, whether public or private, require adequate street, pedestrian and bicycle connections to provide access to development. The internal circulation network shall be easily recognizable, formalized and interconnected.

a.    All parking lots shall comply with the standards in Section 21A.44.020, “General Off Street Parking Regulations”, of this title.

b.    Parking is prohibited between the street-facing building line and any front or corner side property line. This shall include any drive aisle that is not perpendicular to the front or corner side property line.

c.    Any new development shall provide a midblock walkway if a midblock walkway on the subject property has been identified in a master plan that has been adopted by the City.  The following standards apply to the midblock walkway:

(1) The midblock walkway must be a minimum of ten feet (10’) wide and include a minimum six foot (6’) wide unobstructed path.

(2) The midblock walkway may be incorporated into the building provided it is open to the public. A sign shall be posted indicating that the public may use the walkway.

7.    Accessory Structures: No accessory structure shall be located in a required front yard or between the primary building and a property line adjacent to a public street.

F.    Design Standards:

1.   Development shall comply with the design standards in Chapter 21A.37 when applicable as specified in that chapter.

2.   All developments required to obtain a review score by subsection 21A.26.078.C shall comply with the following additional design standards. These specific standards may be modified through the Conditional Building and Site Design Review process in Chapter 21A.59 if the modifications meet the intent of the specific design standard requested to be modified:

a.    EIFS and Stucco Limitation: Use of Exterior Insulation and Finishing System (EIFS) or traditional stucco is not allowed as a building material on the ground floor of street facing building facades. Use of EIFS and stucco is allowed for up to 10% of the upper level street facing façades.

b.    Front and Corner Side Yard Design Requirements:

(1) In yards greater than ten feet (10’) in depth, one shade tree shall be planted for every thirty feet (30’) of street frontage. For the purpose of this section, a shade tree is any tree that has a mature minimum tree canopy of thirty feet (30’) and a mature height that is forty feet (40’) or greater.

(2) At least 50% of the front or corner side yards shall be covered in live plant material. This can include raised planter boxes. This percentage can be reduced to 30% if the yard includes outdoor dining, patios, outdoor public space, or private yards for ground floor residential uses that cover at least 50% of the provided front or corner side yard.

(3) At least 30% of the front or corner side yard shall by occupied by outdoor dining areas, patios, outdoor public space, or private yards for ground floor residential uses.

(4) Driveways necessary for vehicle access to the site are allowed regardless of compliance with the minimum percentages required by this subsection.

c.    Entry Feature Requirements: All required building entries shall include at least one of the following features:

(1) An awning or canopy over the entrance that extends a minimum of five feet (5’) from the street facing building façade;

(2) A recessed entrance that is recessed at least five feet (5’) from the street facing façade;

(3) A covered porch that is at least five feet (5’) in depth and at least forty (40) square feet in size; or

(4) A stoop that is at least two feet (2’) above sidewalk level and that includes an awning or canopy that extends at least three feet (3’) from the street facing building facade.

d.    Ground Floor Use Requirement for 400 South and North Temple Boulevard: When facing 400 South or North Temple Boulevard, the ground floor use area required by Chapter 21A.37 shall be built to accommodate an allowed commercial, institutional, or public use. Live/work uses qualify as a commercial use for this subsection.

(1) Exception: Residential uses may be permitted within the required area in lieu of the required use, if the ground floor is designed so that it can be converted to an allowed commercial use in the future. To accommodate this conversion, the shell space of the ground floor shall be built to an occupancy standard required by the adopted building code that can accommodate conversion of the interior of the space to a future permitted commercial use.

(2) The following additional requirements shall apply to the ground floor space if used for residential uses:

(a)   The shell space shall be at least twelve feet (12’) in height;

(b) The street facing façade of each ground floor residential unit shall be at least 60% glass;

(c)   Each ground floor unit shall have a direct entrance from the sidewalk to the unit;

(d) Each ground floor unit shall be ADA accessible; and

(e)   Each ground floor unit shall include a porch, patio, stoop or other entrance feature that is a minimum depth of at least five feet (5’).

G.   Multiple Buildings on a Single Parcel: Multiple principal buildings on a single parcel are permitted provided each principal building meets the requirements of this chapter and each principal building obtained a separate development score. New principal buildings can be located toward the rear of a parcel provided there is an existing or additional new principal building that complies with the front yard building setbacks. If one principal building receives a development score lower than other principal buildings on the site, the project shall be processed based on the lowest development score obtained. Multiple single-family detached dwellings and two-family dwellings may be located on one lot and are not required to obtain a development score.

H.   Parking: The purpose of this subsection is to provide locations for off street parking. All off street surface parking lots should be located so that they are compatible with pedestrian oriented streets. New uses and development or redevelopment within this district shall comply with the requirements of this subsection.

1.    Surface Parking on Corner Properties: On corner properties, surface parking lots shall be located behind principal buildings or at least sixty feet (60’) from the intersection of the front and corner side lot lines, and are subject to the additional requirements established for Core or Transition areas below.

2.    Surface Parking in the Core Area: Surface parking lots in the core area are required to be located behind the principal building or to the side of a principal building.

a.    Requirements: When located to the side of a building, the parking lot shall be:

(1) Set back a minimum of thirty feet (30’) from a property line adjacent to a public street. The space between the parking lot and the property line adjacent to a public street shall be landscaped or activated with outdoor dining, plazas or similar feature.

(2) Screened with a landscaped hedge or wall that is at least thirty six inches (36”) above grade and no taller than forty two inches (42”) above grade. Landscaping berms are not permitted.

(3) The parking lot shall be no wider than what is required for two (2) rows of parking and one drive aisle as indicated in Section 21A.44.020, Table 21A.44.020 of this title.

b.    One Driveway and Drive Aisle per Street Frontage: Only one driveway and drive aisle is permitted per street frontage and the access point shall be located a minimum of one hundred feet (100’) from the intersection of the front and corner side property lines. If the front or corner side property line is less than one hundred feet (100’) in length, then the drive approach shall be located within twenty feet (20’) of the side or rear property line.

3.    Surface Parking in the Transition Area: Surface parking lots in the transition area are required to be located behind the principal building or to the side of a principal building.

a.    Requirements: When located to the side of a principal building, the parking lot shall be:

(1) Set back so that no portion of the parking area other than the driveway is closer to the street than the front wall setback of the building. In cases where the front wall of the building is located within five feet (5’) of a property line adjacent to a street, the parking lot shall be set back a minimum of eight feet (8’). The space between the parking lot and the property line adjacent to a street shall be landscaped or activated with outdoor dining, plazas or similar feature.

(2) Screened with a landscaped hedge or wall that is at least thirty six inches (36”) above grade and no taller than forty two inches (42”) above grade. Landscaping berms are not permitted.

4.    Walkways Through Parking Lots: Parking lots with more than fifteen (15) spaces shall provide a pedestrian walkway through the parking lot to the primary building entrance or a sidewalk providing access to a primary building entrance. One walkway must be provided for every three (3) drive aisles. Walkways shall be curb separated from the parking areas and a minimum of five feet (5’) wide. Vehicles shall not overhang the walkway. Parking lot landscaping requirements in Chapter 21A.48 of this title shall be included on the side of the walkway. Where the walkway crosses a drive aisle, a crosswalk that is clearly identified by a change in color, material, or similar technique shall be used.

5.    Other Applicable Standards: All other standards in Chapter 21A.44, “Off Street Parking, Mobility and Loading”, of this title shall apply.

I.     Conflicting Regulations: In cases where the regulations of this section conflict with another section of this zoning ordinance, this section shall take precedence except in situations where the conflict is related to the use of the property, in which case the more restrictive regulation takes precedence. In station areas within an overlay district, the overlay district shall take precedence.

J.    Developments Over Five Acres:

1.    Intent: Large scale developments have the potential to function as a self-contained mixed use neighborhood and could have both positive and negative impacts on nearby properties. All developments over five (5) acres in size shall be designed and planned to include a series of blocks and a network of public or private streets that connects to the existing public streets in the area and to adjacent development and neighborhoods. Buildings should be oriented to this street network. Regulating block size is necessary to provide development sites that are oriented to the pedestrian while accommodating other modes of transportation. A street network is required to ensure adequate circulation for pedestrians, bicycles, automobiles and service vehicles through the site, to adjacent sites and the public streets.

2.    Application: These standards are in addition to all other applicable standards. In situations where the standards in this section conflict with a standard in another section, the standard in this section shall take precedence. A separate development score is required for each new principal building in a development over five (5) acres.

a.    Block Layout: The intent of regulating block size and dimension is to create a development pattern where all principal buildings have their primary facades facing a street, whether public or private. All developments over five (5) acres in size shall be designed to include a series of blocks based on the standards below:

(1) The maximum perimeter dimension of any block shall be one thousand six hundred feet (1,600’). The maximum length of any individual block face shall be four hundred forty feet (440’).

(2) The maximum perimeter dimension of a block may be increased to two thousand four hundred (2,400) linear feet, and the maximum length of any block face increased to six hundred feet (600’) provided a mid block pedestrian network is included. The mid block pedestrian network must be a minimum of twenty feet (20’) wide and include pedestrian amenities such as lighting, benches, and other similar features. The mid block walkway shall connect to at least two (2) block faces or be extended to the property line to allow for future extension.

b.    Connectivity to Public Streets, Sidewalks, and Bicycle Lanes: In order to ensure that the development will be fully integrated into the transit station area, that safe and efficient travelways are provided, and to limit the impact on the primary transit street and other adjacent streets, the internal circulation system, including private streets, drive aisles, sidewalks and bicycle lanes shall connect to the public street, sidewalks and bicycle lanes. All new streets shall be designed as a “complete street” defined as a street that provides dedicated space for pedestrians, bicyclists and automobiles.

c.    Vehicle Access: Regulating access to private property from public streets is necessary for integrating private development and public spaces. Limiting the number of access points and spacing between access points reduces areas of conflict between vehicles, pedestrians and bicycles. Maximum access widths promote a development pattern that is oriented to pedestrians and bicyclists while accommodating vehicles.

(1) Access points located on public streets intended for vehicles shall be spaced a minimum of one hundred feet (100’) apart.

(2) No property shall have more than one vehicle access point for every two hundred (200) linear feet of frontage on a public street.

(3) No access drive shall be greater than twenty four feet (24’) wide.

(4) The location of all vehicle access points is subject to approval from the transportation division of the city. The standards of this section may be modified by the transportation division when, in the opinion of the director of the transportation division, a different design would improve the overall safety for all modes of transportation or improve the efficiency of the transportation network.

d.    Internal Circulation: Internal circulation systems allow for vehicles, pedestrians and bicyclists to move safely and efficiently throughout a development site. A logical, simple and well designed internal circulation system that connects with adjacent circulation networks provides room for vehicles, safe walking paths for pedestrians through the parking lot and the site to the public way, and well marked routes for bicycles traveling from public spaces to bicycle parking areas within a site. All new developments over five (5) acres are required to submit an internal circulation network plan.

(1) Travel Lanes that Connect Parking Areas with a Public Street: All internal vehicle travel lanes that connect internal parking areas with a public street shall be designed to meet the minimum requirements in Section 21A.44.020 of this title.

(2) Design Speed: The internal circulation system shall be designed to move vehicles at speeds of twenty (20) miles per hour or less.

(3) Future Access to Adjacent Properties and Rights of Way: All internal drive aisles, sidewalks, and paths shall be extended to property lines to allow for future cross access to adjacent properties when the adjacent property is undeveloped and to rights of way.

(4) Centerlines: The centerline of all internal streets shall be in line with the centerline of a street on the opposite side of an intersecting street unless the intersecting street is divided by a median. Offset streets shall be a minimum of two hundred feet (200’) apart, measured from centerline to centerline.

(5) Publicly Dedicated Streets: Any street that is to be publicly dedicated shall meet the city’s minimum construction and design standards (including street lighting, park strip, street trees, etc.).

(6) Pedestrian Routes: Pedestrian routes that provide safe, comfortable, clear and direct access throughout the development shall be provided. Pedestrian paths shall be bordered by residential fronts, green space, active open space, or commercial storefronts.

(7) Bicycle Paths: A coordinated system of bicycle paths should be provided.

(8) Approval; Modification of Standards: The internal circulation network is subject to approval from the transportation division of the city. The standards of this section may be modified by the transportation division when, in the opinion of the director of the transportation division, a different design would improve the overall safety for all modes of transportation or improve the efficiency of the transportation network.

e.    Parking: Parking may be provided along any private street within a development over five (5) acres. The parking shall be counted toward the applicable off street parking standard when provided on private streets. All parking areas and spaces must comply with the parking lane widths identified in Section 21A.44.020, Table 21A.44.020 of this title.

f.     Open Space: In order to provide space for passive and active recreation, public and private gatherings, offset storm drainage due to nonpermeable surfaces and as an amenity to individual developments and their residents, employees and customers, usable open space is required for all new developments.

(1) Required: In the core and transition areas of all station areas, a minimum of ten percent (10%) of the site, up to fifteen thousand (15,000) square feet, shall be devoted to open space. “Usable open space” is defined as landscaped areas, plazas, outdoor dining areas, terraces, rooftop gardens, stormwater retention areas, and any other similar type of area.

(2) Connectivity to Adjacent Open Space: When adjacent to public open space, parks, trails and pathways, open space on developments over five (5) acres in size are encouraged to provide access to the public open space.

g.    Landscaping: All areas not occupied by buildings, plazas, terraces, patios, parking areas, or other similar feature shall be landscaped. If a project is developed in phases, only those areas in a phase that is under construction shall be landscaped. Landscaping in future phases shall be installed as those phases develop. Areas in future phases may be used as community gardens or other active open space until such time as development of that phase begins.

              SECTION 2.  Amending the Text of Salt Lake City Code Section 21A.10.020.B.  That Section 21A.10.020.B (Zoning: General Application and Public Hearing Procedures: Public Hearing Notice Requirements: Special Noticing Requirements for Administrative Approvals) of the Salt Lake City Code shall be, and hereby is, amended to read as follows:

B.   Special Noticing Requirements for Administrative Approvals:

1.    Conditional Building and Site Design Review: The planning commission shall consider requests for conditional building and site design review at a public hearing if there is an expression of interest after providing notice as follows:

a.    Notification: The city shall provide written notice by first class mail a minimum of twelve (12) calendar days in advance of the requested action to all owners of the land and tenants subject to the application, as shown on the Salt Lake City geographic information system records, adjacent to and contiguous with the land subject to the application. Recognized organizations are also entitled to receive notice pursuant to Title 2, Chapter 2.60 of this code by e-mail or other form chosen by the planning director.

At the end of the twelve (12) calendar day notice period, if there are requests for a public hearing, the planning commission will schedule a public hearing and consider the issue; if there are no requests for a public hearing, the planning director may decide the issue administratively.

2.    Determination of Noncontributing Status Within an H Historic Preservation Overlay District: Prior to the approval of an administrative decision for a certificate of appropriateness for demolition of a noncontributing structure, the city shall provide written notice by first class mail a minimum of twelve (12) calendar days of the determination of noncontributing status of the property to all owners of the land and tenants, within eighty five feet (85’) of the land subject to the application as shown on the Salt Lake City geographic information system records. At the end of the twelve (12) day notice period, the planning director shall either issue a certificate of appropriateness for demolition or refer the application to the historic landmark commission.

3.    Notice of Application for Special Exceptions: Prior to the approval of an administrative decision for special exceptions as authorized in Chapter 21A.52 of this title, the planning director shall provide written notice by first class mail a minimum of twelve (12) days in advance of the requested action to all abutting properties and those properties located across the street from the subject property, and to all property owners and tenants of the land subject to the application, as shown on the Salt Lake City geographic information system records.

a.    Contents of the Mailing Notice of Application: The notice for mailing shall generally describe the subject matter of the application, the place where such application may be inspected by the public, the date when the planning director will authorize a final administrative decision, and include the procedures to appeal an administrative decision set forth in Chapter 21A.16 of this title.

4.    Notice of Application for TSA Development Reviews: Prior to the approval of a development review score as authorized in Section 21A.26.078 of this title, the planning director shall provide written notice by first class mail a minimum of twelve (12) days in advance of the requested action to all abutting properties and those properties located across the street from the subject property, and to all property owners and tenants of the land subject to the application, as shown on the Salt Lake City geographic information system records.

a.    Contents of the Mailing Notice of Application: The notice for mailing shall generally describe the subject matter of the application, the place where such application may be inspected by the public, the date when the planning director will authorize a final administrative decision, and include the procedures to appeal an administrative decision set forth in Chapter 21A.16 of this title.

              SECTION 3.  Amending Section 21A.33.010 of Salt Lake City Code.  That Section 21A.33.010 (Zoning: Land Use Tables: General Provisions) of the Salt Lake City Code is amended to read as follows:

21A.33.010: GENERAL PROVISIONS:

A. Permitted Uses: The uses specified as permitted uses in Sections 21A.33.020, 21A.33.030, 21A.33.035, 21A.33.040, 21A.33.050, 21A.33.060, 21A.33.070, and 21A.33.080 of this chapter, tables of permitted and conditional uses, are permitted provided that they comply with the general standards set forth in Part IV of this title and all other applicable requirements of this title.

B. Conditional Uses: The uses specified as conditional uses in Sections 21A.33.020, 21A.33.030, 21A.33.035, 21A.33.040, 21A.33.050, 21A.33.060, 21A.33.070, and 21A.33.080 of this chapter, tables of permitted and conditional uses, shall be allowed provided they are approved pursuant to the standards and procedures for conditional uses set forth in Chapter 21A.54 of this title, and comply with all other applicable requirements of this title.

C. Uses Not Permitted: Any use specifically listed without a “P” or a “C” designated in the table of permitted and conditional uses for a district shall not be allowed in that zoning district.

              SECTION 4.  Adopting Section 21A.33.035 of Salt Lake City Code.  That Chapter 21A.33 (Zoning: Land Use Tables) of the Salt Lake City Code is amended to adopt Section 21A.33.035 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts), which shall read as follows:

21A.33.035: TABLE OF PERMITTED AND CONDITIONAL USES FOR TRANSIT STATION AREA DISTRICTS:

Qualifying Provisions for Specific Land Uses:

1. “Pet Cemetery”: Subject to Salt Lake Valley Health Department approval.

2. “Community Correctional Facility, Small”: A community correctional facility is considered an institutional use and any such facility located within an airport noise overlay zone is subject to the land use and sound attenuation standards for institutional uses of the applicable airport overlay zone within Chapter 21A.34 of this title.

3. “Group Home, Large”: No large group home shall be located within 800 feet of another group home.

4. “Group Home, Small.” No small group home shall be located within 800 feet of another group home.

5. “Residential Support (Large)”: No large residential support shall be located within 800 feet of another residential support.

6. “Residential Support (Small)”: No small residential support shall be located within 800 feet of another residential support.

7. Surface parking lots as a principal use located on a lot that has frontage on a public street are prohibited.

8. “Theater, Live Performance”: Prohibited within 1,000 feet of a single- or two-family zoning district.

9. “Utilities, building or structure”, or “Utilities, transmission wire, line, pipe, or pole”: Subject to conformance to the provisions in subsection 21A.02.050.B of this title for utility regulations.

SECTION 5.  Amending the Text of Transit Station Area Development Guidelines.  That the Transit Station Area Development Guidelines, adopted by the city council on August 10, 2010 as part of Ordinance 59 of 2010, shall be, and hereby is, amended to read as shown in Exhibit “A” hereto.

              SECTION 6.  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 6^th day of June, 2017.

Bill No. 25 of 2017.

Published: June 26, 2017.