Ordinance 28 of 2014

SALT LAKE CITY ORDINANCE

No. 28 of 2014

(Amending Section 21A.33.030 of the Salt Lake City Code pertaining to assisted living facilities in the CSHBD zoning district)

An ordinance amending Section 21A.33.030 of the Salt Lake City Code to allow and regulate assisted living facilities in the CSHBD Sugar House Business District pursuant to Petition No. PLNPCM2014-00027.

WHEREAS, the Salt Lake City Planning Commission held a public hearing on March 12, 2014 on an application submitted by Lyle Beecher representing Aabir Malik (“Applicant”) to amend Section 21A.33.030 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) of the Salt Lake City Code to allow and regulate assisted living facilities in the CSHBD Sugar House Business District pursuant to Petition No. PLNPCM2014-00027; and

WHEREAS, at its March 12, 2014 meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council on said application; and

WHEREAS, after a public hearing on this matter the city council has determined 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 Section 21A.33.030 of Salt Lake City Code. That Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts), shall be, and hereby is, amended to read as follows:

21A.33.030:TABLE OF PERMITTED AND CONDITIONAL USES FOR COMMERCIAL DISTRICTS:

Legend:

C =

Conditional

P =

Permitted

Use		Permitted and Conditional Uses by District
Use		CN	CB	CS¹	CC	CSHBD¹	CG	TC-75	SNB
Accessory use, except those that are specifically regulated elsewhere in this title		P	P	P	P	P	P	P	P
Adaptive reuse of a landmark site		P	P	P	P	P	P	P⁸
Alcohol:
	Brewpub (2,500 square feet or less in floor area)		C^12,13	P¹²	P¹²	P¹²	P¹²	P¹²
	Brewpub (more than 2,500 square feet in floor area)			P¹²	C¹²	P¹²	P¹²	P¹²
	Dining club (2,500 square feet or less in floor area)	C^12,13	C^12,13	P¹²	P¹²	P¹²	P¹²	P¹²
	Dining club (more than 2,500 square feet in floor area)			P¹²	C¹²	P¹²	P¹²	P¹²
	Distillery						P¹⁹
	Microbrewery						P
	Social club (2,500 square feet or less in floor area)		C^12,13	P¹²	P¹²	P¹²	P¹²	P¹²
	Social club (more than 2,500 square feet in floor area)			P¹²	C¹²	P¹²	P¹²	P¹²
	Tavern (2,500 square feet or less in floor area)		C^12,13	P¹²	P¹²	P¹²	P¹²	P¹²
	Tavern (more than 2,500 square feet in floor area)			P¹²	C¹²	P¹²	P¹²	P¹²
Ambulance service (indoor)				P	P	P	P	P
Ambulance service (outdoor)				P⁷	P⁷	P⁷	P
Amusement park				P			P
Animal:
	Cremation service				P		P
	Kennel						P
	Pet cemetery						P⁴
	Veterinary office	C	P	P	P	P	P	C
Antenna, communication tower			P	P	P	P	P	P
Antenna, communication tower, exceeding the maximum building height in the zone			C	C	C	C	C	C
Art gallery		P	P	P	P	P	P	P	P
Auction (outdoor)					P		P
Auditorium				P	P	P	P	P
Bakery, commercial							P
Bed and breakfast		P	P	P	P	P	P	P	P¹⁷
Bed and breakfast inn		P	P	P	P	P	P	P
Bed and breakfast manor		C³	C³		P	P	P	P
Blacksmith shop							P
Blood donation center					C		P
Bus line station/terminal					P		P	C
Bus line yard and repair facility							P
Car wash				P	P		P	C
Car wash as accessory use to gas station or convenience store that sells gas				P	P	P	P	C
Check cashing/payday loan business					P¹⁰		P¹⁰
Clinic (medical, dental)		P	P	P	P	P	P	P
Community correctional facility, large
Community correctional facility, small							C^9,14
Community garden		P	P	P	P	P	P	P	P
Contractor's yard/office					C		P
Crematorium				C	C	C	C	C
Daycare center, adult		P	P	P	P	P	P	P
Daycare center, child		P	P	P	P	P	P	P
Daycare, registered home daycare or preschool									P
Dwelling:
	Assisted living facility (large)		P		P	P	P	P
	Assisted living facility (small)		P		P	P	P	P	P
	Group home (large)		P		C		C	P
	Group home (small) when located above or below first story office, retail, or commercial use, or on the first story where the unit is not located adjacent to street frontage	P	P	P	P	P	P	P	P
	Living quarter for caretaker or security guard	P	P	P	P	P	P	P
	Manufactured home								P
	Multi-family		P	P	P	P	P	P	P
	Residential substance abuse treatment home (large)				C		C	C
	Residential substance abuse treatment home (small)				C		C	C
	Rooming (boarding) house		P	P	P	P	P	P
	Single-family attached								P
	Single-family detached								P
	Single room occupancy							P⁶
	Transitional victim home (large)				C		C	C
	Transitional victim home (small)				C		C	C
	Twin home								P
	Two-family								P
Eleemosynary facility			P					P
Equipment rental (indoor and/or outdoor)					P		P
Farmers' market				C	C	P	P	C
Financial institution		P	P	P	P	P	P	P
Financial institution with drive-through facility			P¹¹	P¹¹	P¹¹	P¹¹	P¹¹	P¹¹
Flea market (indoor)				P	P	P	P	C
Flea market (outdoor)							P
Funeral home				P	P	P	P	C
Gas station			C	P	P	P	P
Government facility			C	C	C	C	C	C	C
Government facility requiring special design features for security purposes		P	P	P	P	P	P	P
Homeless shelter							C
Hotel/motel			C		P	P	P	C
House museum in landmark sites (see subsection 21A.24.010T of this title)									C
Impound lot							C¹⁴
Industrial assembly							P
Intermodal transit passenger hub							P
Laboratory (medical, dental, optical)				P	P		P
Laboratory, testing				P	P		P	P
Large wind energy system			P		P		P	P
Laundry, commercial							P
Library		P	P	P	P	P	P	P	C
Limousine service (large)							P
Limousine service (small)			C		C		P
Manufactured/mobile home sales and service							P
Mixed use development		P	P	P	P	P	P	P	P¹⁵
Mobile food business (operation on private property)		P	P	P	P	P	P	P
Municipal service uses, including city utility uses and police and fire stations			C	C	C	C	C	C	C
Museum		P	P	P	P	P	P	P	P
Nursing care facility			P		P		P	P
Office		P	P	P	P	P	P	P	P¹⁸
Offices and reception centers in landmark sites (see subsection 21A.24.010T of this title)									C
Open space		P	P	P	P	P	P	P
Open space on lots less than 4 acres in size									P
Park		P	P	P	P	P	P	P
Parking:
	Commercial				C	P	P	C
	Off site	C	P	P	P	P	P	C
	Park and ride lot		C	C	P		P	C
	Park and ride lot shared with existing use		P	P	P	P	P	P
Place of worship on lot less than 4 acres in size		P	P	P	P	P	P	P	C
Radio, television station				P	P	P	P	P
Reception center			P	P	P	P	P
Recreation (indoor)		P	P	P	P	P	P	P	P
Recreation (outdoor)				C	C		P	C
Recreational vehicle park (minimum 1 acre)					C
Recycling collection station		P	P	P	P	P	P
Research and development facility								P
Restaurant		P	P	P	P	P	P	P
Restaurant with drive-through facility			P¹¹	P¹¹	P¹¹	P¹¹	P¹¹	P¹¹
Retail goods establishment		P	P	P	P	P	P	P	P¹⁶
	Plant and garden shop with outdoor retail sales area	P	P	P	P	P	P	P	P
	With drive-through facility		P¹¹	P¹¹	P¹¹	P¹¹	P¹¹	P¹¹
Retail service establishment		P	P	P	P	P	P	P	P¹⁶
	Furniture repair shop	C	P	P	P	P	P	P
	With drive-through facility		P¹¹	P¹¹	P¹¹	P¹¹	P¹¹	P¹¹
Reverse vending machine		P	P	P	P	P	P	P
Sales and display (outdoor)		P	P	P	P	P	P	C
School:
	College or university		P	P	P	P	P	P
	Music conservatory		P	P	P	P	P	P
	Professional and vocational		P	P	P	P	P	P
	Seminary and religious institute		P	P	P	P	P	P	C
Seasonal farm stand		P	P	P	P	P	P	P
Sexually oriented business							P⁵
Sign painting/fabrication							P
Solar array							P
Storage (outdoor)					C		P
Storage, public (outdoor)					C		P
Storage, self					P		P	C
Store:
	Department			P		P
	Mass merchandising			P		P	P
	Pawnshop						P
	Specialty			P	P	P	P
	Superstore and hypermarket			P			P
	Warehouse club						P
Studio, art		P	P	P	P	P	P	P	P
Studio, motion picture							P
Taxicab facility							P
Theater, live performance			P¹⁴	P¹⁴	P¹⁴	P¹⁴	P¹⁴	P¹⁴
Theater, movie			C	P	P	P	P	P
Urban farm		P	P	P	P	P	P	P
Utility, building or structure		P²	P²	P²	P²	P²	P²	P²	P²
Utility, transmission wire, line, pipe, or pole		P²	P²	P²	P²	P²	P²	P²	P²
Vehicle:
	Auction						P
	Automobile repair (major)				P		P	C
	Automobile repair (minor)	C	P	P	P	P	P	P
	Automobile sales/rental and service				P		P
	Automobile salvage and recycling (indoor)						P
	Boat/recreational vehicle sales and service				P		P
	Truck repair (large)						P
	Truck sales and rental (large)				P		P
Vending cart, private property						P
Warehouse					P		P
Welding shop							P
Wholesale distribution					P		P
Wireless telecommunications facility (see section 21A.40.090, table 21A.40.090E of this title)									C
Woodworking mill							P

Qualifying provisions:
1. Development in the CS district shall be subject to planned development approval pursuant to the provisions of chapter 21A.55 of this title. Certain developments in the CSHBD zone shall be subject to the conditional building and site design review process pursuant to the provisions of subsection 21A.26.060D and chapter 21A.59 of this title.
2. Subject to conformance to the provisions in subsection 21A.02.050B of this title for utility regulations.
3. When located in a building listed on the Salt Lake City register of cultural resources (see subsections 21A.24.010T and 21A.26.010K of this title).
4. Subject to Salt Lake Valley health department approval.
5. Pursuant to the requirements set forth in section 21A.36.140 of this title.
6. Subject to location restrictions as per section 21A.36.190 of this title.
7. Greater than 3 ambulances at location require a conditional use.
8. 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 a conditional building and site design review.
9. 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.
10. No check cashing/payday loan business shall be located closer than ¹/₂ mile of other check cashing/payday loan businesses.
11. Subject to conformance to the provisions in section 21A.40.060 of this title for drive-through use regulations.
12. Subject to conformance with the provisions in section 21A.36.300, "Alcohol Related Establishments", of this title.
13. In CN and CB zoning districts, the total square footage, including patio space, shall not exceed 2,200 square feet in total. Total square footage will include a maximum 1,750 square feet of floor space within a business and a maximum of 450 square feet in an outdoor patio area.
14. Prohibited within 1,000 feet of a single- or two-family zoning district.
15. Residential units may be located above or below first floor retail/office.
16. Construction for a nonresidential use shall be subject to all provisions of subsections 21A.24.160I and J of this title.
17. In the SNB zoning district, bed and breakfast use is only allowed in a landmark site.
18. Medical and dental offices are not allowed in the SNB zoning district.
19. Permitted in the CG zoning district only when associated with an on site food service establishment.

SECTION 2. 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 10^th day of June, 2014.

Bill No. 28 of 2014.

Published: June 13, 2014.