Click here to view entire ordinance
SALT LAKE CITY ORDINANCE
No. 30 of 2012
(An ordinance amending certain sections of Title 21A of the Salt Lake City Code concerning adaptive reuses of landmark buildings)
An ordinance amending certain sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2011-00624 to allow adaptive reuses of landmark buildings.
WHEREAS, the Salt Lake City Planning Commission (“planning commission”) held a public hearing on February 22, 2012 to consider a request made by Salt Lake City Choral Artists (petition no. PLNPCM2011-00624) to amend various sections of Title 21A (Zoning) of the Salt Lake City Code to allow adaptive reuses of landmark buildings; and
WHEREAS, at its February, 2012 hearing, the planning commission voted to transmit a positive recommendation to the Salt Lake City Council (“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 text of Salt Lake City Code section 21A.24.010.T. That section 21A.24.010.T of the Salt Lake City Code (Zoning: Residential Districts: General Provisions), shall be, and hereby is, amended to read as follows:
T. Adaptive Reuse of a Landmark Building in Residential Districts:
1. Purpose Statement: The purpose of the adaptive reuse of a landmark site in a residential district is to preserve landmark sites as defined in subsection 21A.34.020.B.4 of this title. In some instances these sites have outlived their original use due to economic conditions, size of the building, and/or a substantial degree of deterioration of the historic property. Such sites, however, still contribute to the welfare, property and education of the people of Salt Lake City because of their historic, architectural or cultural significance. The Planning Commission shall consider the allowance of a nonresidential use of a landmark site in a residential district according to the qualifying provisions outlined in subsection T.2.a of this section and pursuant to chapter 21A.54 of this title, in order to ensure that the residential character of the surrounding environment is preserved.
2. Conditional Use Required: Where authorized by this title as shown in section 21A.24.190, "Table of Permitted and Conditional Uses for Residential Districts", of this chapter, landmark sites in any residential district may be used for certain nonresidential uses.
a. Qualifying Provisions: In order to qualify for conditional use review by the planning commission under section 21A.54.080, "Standards for Conditional Uses", of this title, the applicant must demonstrate compliance with the following:
(1) The building is designated as a landmark site on the Salt Lake City register of cultural resources. The designation process must be completed prior to the city accepting a conditional use application for the structure unless the planning director determines that it is in the best interest of the city to process the designation and conditional use applications together;
(2) The landmark building shall have a minimum of 7,000 square feet of floor area, excluding accessory buildings.
(3) The new use will require minimal change as these features are important in defining the overall historic character of the building and environment.
(4) The use is conducive to the preservation of the landmark site;
(5) Significant archaeological resources affected by the project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(6) The use is compatible with the surrounding residential neighborhood;
(7) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize the property shall be preserved.
(8) The use does not result in the removal of residential characteristics of the structure or site including mature landscaping;
(9) The change in use from residential to nonresidential is necessary due to the excessive size of the landmark site for residential uses allowed in the residential district, and or demonstration that the building cannot reasonably be used for its original intended use.
(10) The proposed use will not have a material net cumulative adverse impact on the neighborhood or the city as a whole by considering the following:
(A) The spatial distribution of:
(i) Business licenses issued for properties located within three hundred feet (300') of any property line and the block frontage on both sides of the street between 100 series addresses; and
(ii) Previously approved conditional uses for nonresidential uses in landmark sites within the same planning community, as shown on a map of planning communities maintained by the zoning administrator.
(B) Impacts on neighboring properties including, but not limited to:
(i) Traffic;
(ii) Parking;
(iii) Signs;
(iv) Lighting;
(v) Removal of landscaping; and
(vi) For the purposes of evaluating subsections T.2.a(10)(B)(i) through T.2.a(10)(B)(v) of this section, professionally prepared impact studies shall not be required unless specifically requested by the zoning administrator;
(vii) Noise, fumes or odors;
b. Credit for on Street Parking: Some or all of the off street parking spaces required in section 21A.44.060 of this title may be met by the provision of on street spaces. Such credit shall require the site plan review approval. Requests for on street parking shall meet the following requirements:
i. All on street parking facilities shall be designed in conformance with the standards established by the city transportation engineer;
ii. Prior to approving any requests for on street parking, the development review team shall determine that the proposed on street parking will not materially adversely impact traffic movements and related public street functions; and
iii. Credit for on street parking shall be limited to the number of spaces provided along the street frontage adjacent to the use.
SECTION 2. Amending text of Salt Lake City Code section 21A.62.040. That section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be, and hereby is, amended to insert the definition of “ADAPTIVE REUSE OF A LANDMARK BUILDING” in alphabetical order into that section. The codifier is instructed to only add said definition and leave the remainder of section 21A.62.040 undisturbed. The definition of “ADAPTIVE REUSE OF A LANDMARK BUILDING” shall read as follows:
ADAPTIVE REUSE OF A LANDMARK BUILDING: refers to the process of reusing a building for a purpose other than which it was built or designed for. This tool is designed for the preservation of landmark buildings in residential areas whose original use is no longer feasible due to size. Churches, schools, or large single family homes are typically candidates for this process.
SECTION 3. Amending text of Salt Lake City Code section 21A.24.190. That section 21A.24.190 of the Salt Lake City Code (Zoning: Residential Districts: Table of Permitted and Conditional Uses for Residential Districts), shall be, and hereby is, amended in part to add “Adaptive Reuse of a Landmark Building” as a recognized subcategory in that table under the “Miscellaneous” category of uses, to add the appropriate designation of such use in each of the residential zoning districts as conditional or permitted, and to add qualifying provision number 9 as those amendments are shown on Exhibit “A” hereto. The codifier is instructed to only add the new text identified herein to section 21A.24.190 and leave the remainder of that table undisturbed as part of this amendment.
SECTION 4. 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 5th day of June, 2012.
Bill No. 30 of 2012.
Published: June 16, 2012.