Ordinance 47 of 2015

Click here to view entire ordinance

SALT LAKE CITY ORDINANCE

No. 47 of 2015

(An ordinance amending Sections 21A.24.164, 21A.24.168 and 21A.46.090 of the Salt Lake City Code pertaining to R-MU-35 and R-MU-45

Residential/Mixed Use zoning districts)

      An ordinance amending Sections 21A.24.164, 21A.24.168 and 21A.46.090 of the Salt Lake City Code pursuant to Petition No. PLNPCM2014-00127 to modify regulations pertaining to the R-MU-35 and R-MU-45 Residential/Mixed Use zoning districts.

      WHEREAS, the Salt Lake City Planning Commission held a public hearing on January 28, 2015 to consider a petition submitted by the Salt Lake City Council (Petition No. PLNPCM2014-00127) to amend Sections 21A.24.164 (Zoning: Residential Districts: R-MU-35 Residential/Mixed Use District), 21A.24.168 (Zoning: Residential Districts: R-MU-45 Residential/Mixed Use District),   and 21A.46.090 (Zoning: Signs: Sign Regulations for Mixed Use and Commercial Districts) of the Salt Lake City Code to modify regulations concerning R-MU-35 and R-MU-45 Residential/Mixed Use zoning districts; and

      WHEREAS, at its January 28, 2015 hearing, the planning commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council on said petition; 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 the text of Salt Lake City Code Section 21A.24.164.  That Section 21A.24.164 of the Salt Lake City Code (Zoning: Residential Districts: R-MU-35 Residential/Mixed Use District), shall be, and hereby is, amended to read as follows:

21A.24.164: R-MU-35 RESIDENTIAL/MIXED USE DISTRICT

A.       Purpose Statement: The purpose of the R-MU-35 Residential/Mixed Use District is to provide areas within the city for mixed use development that promote residential urban neighborhoods containing residential, retail, service commercial and small scale office uses. The standards for the district reinforce the mixed use character of the area and promote appropriately scaled development that is pedestrian oriented. This zone is intended to provide a buffer for lower density residential uses and nearby collector, arterial streets and higher intensity land uses.

B.       Uses: Uses in the R-MU-35 Residential/Mixed Use District, as specified in Section 21A.33.020, “Table of Permitted and Conditional Uses for Residential Districts”, of this chapter are permitted subject to the general provisions set forth in Section 21A.24.010 of this chapter and this section.

C.       Minimum Lot Area and Lot Width: The minimum lot areas and lot widths required in this district are as follows:

Qualifying provisions:

1.    There is no minimum lot area nor lot width required provided:

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

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

c.       No garages shall face the primary street and front yard parking shall be strictly prohibited.

D.       Minimum Yard Requirements:

1.    Single-Family Detached Dwellings:

a.       Front yard: Minimum five feet (5’). Maximum ten feet (10’).

b.       Corner side yard: Minimum five feet (5’). Maximum ten feet (10’).

c.       Interior side yard:

(1) Corner lots: Four feet (4’).

(2) Interior lots: Four feet (4’).

d.       Rear yard: Twenty five percent (25%) of the lot depth, but need not be more than twenty feet (20’).

2.    Single-Family Attached, Two-Family and Twin Home Dwellings:

a.       Front yard: Minimum five feet (5’). Maximum ten feet (10’).

b.       Corner side yard: Minimum five feet (5’). Maximum ten feet (10’).

c.       Interior side yard:

(1)   Single-family attached: Four feet (4’) is required for any interior side yard that is not a common wall between properties.

(2)   Two-family:

(A) Interior lot: Four feet (4’).

(B) Corner lot: Four feet (4’).

(3)   Twin home: No yard is required along the common lot line. A four foot (4’) yard is required on the other.

d.       Rear yard: Twenty five percent (25%) of lot depth or twenty five feet (25’), whichever is less.

3.    Nonresidential, Multi-Family Residential and Mixed Use Developments:

a.       Front yard: Minimum five feet (5’).  Maximum fifteen feet (15’).

b.       Corner side yard: Minimum five feet (5’). Maximum fifteen feet (15’).

c.       Interior side yard: No setback is required unless an interior side yard abuts a single or two-family residential district. When a setback is required, a minimum ten foot (10’) setback must be provided, and the minimum side yard setback shall be increased one foot (1’) for every one foot (1’) increase in height above twenty five feet (25’). Buildings may be stepped so taller portions of a building are farther away from the side property line. The horizontal measurement of the step shall be equal to the vertical measurement of the taller portion of the building.

d.       Rear yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet (30’).

4.    Legal Lots: Lots legally existing on the effective date hereof, April 12, 1995, shall be considered legal conforming lots.

5.    Required Yards for Legally Existing Buildings: For buildings legally existing on the effective date hereof, required yards shall be no greater than the established setback line.

E.       Maximum Building Height: The maximum building height shall not exceed thirty five feet (35’), except that nonresidential buildings and uses shall be limited by subsections E1, E2, E3 and E4 of this section. Buildings taller than thirty five feet (35’), up to a maximum of forty five feet (45’), may be authorized through the conditional building and site design review process; and provided, that the proposed height is supported by the applicable master plan.

1.    Maximum height for nonresidential buildings: Twenty feet (20').

2.    Nonresidential uses are only permitted on the ground floor of any structure.

3.    Nonresidential uses in Landmark Sites are exempt from the maximum height for nonresidential buildings and the maximum floor area coverage limitations.

4.    For any property abutting a single-family or two-family residential district, the maximum height is limited to thirty-five feet (35’) and may not be increased through any process.

F.       Minimum Open Space: For residential uses and mixed uses containing residential uses, not less than twenty percent (20%) of the lot area shall be maintained as open space. This open space may take the form of landscaped yards or plazas and courtyards, subject to site plan review approval.

G.       Landscape Buffers: Where a lot in the R-MU-35 district abuts a lot in a single-family or two-family residential district, landscape buffers shall be provided as required in Chapter 21A.48, “Landscaping and Buffers”, of this title.

H.       Design Standards: These standards apply when constructing a new building, an addition of one thousand (1,000) square feet or more that extends a street facing building façade, additions that increase the height of an existing building or when specifically indicated below.

1.    Minimum Ground Floor Glass: The ground floor elevation facing a street of all new buildings shall not have less than sixty percent (60%) glass surfaces between three (3) and eight feet (8’) above grade. All ground floor glass shall be nonreflective and allow visibility into the building for a depth of at least five feet (5’). The planning director may approve a modification to ground floor glass requirements if the planning director finds:

(a)      The requirement would negatively affect the historic character of an existing building, or

(b)      The requirement would negatively affect the structural stability of an existing building.

(c)      The ground level of the building is occupied by residential uses, in which case the sixty percent (60%) glass requirement may be reduced to forty percent (40%).

2.    Ground Floor Uses: On the ground floor, a permitted or conditional use other than parking shall occupy at least seventy-five percent (75%) of the width of any street-facing building façade. All portions of such ground floor spaces shall extend a minimum of twenty five feet (25’) into the building. Parking may be located behind these spaces.

3.    Ground Floor Building Materials: Other than windows and doors, eighty percent (80%) of the remaining ground floor wall area shall be clad in durable materials. Durable materials include brick, masonry, textured or patterned concrete and/or cut stone. Other materials may be used as accent or trim provided they cover twenty percent (20%) or less of the ground floor adjacent to a street. Other materials may be approved at the discretion of the planning director if it is found that the proposed material is of a durable material and is appropriate for the ground floor of a structure.

4.    Entrances: Provide at least one operable building entrance for every street facing façade. Additional operable building entrances shall be required for each seventy five feet (75’) of street-facing building facade.

5.    Maximum Length of Blank Walls: The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the ground floor level along any street facing façade shall be fifteen feet (15’). Changes in plane, color, texture, materials, scale of materials, patterns, art, or other architectural detailing are acceptable methods to create variety and scale. This shall include architectural features such as bay windows, recessed entrances or windows, balconies, cornices, columns, or other similar architectural features. The architectural feature may be either recessed or project a minimum of twelve inches (12”).

6.    Building Equipment and Service Areas: All building equipment and service areas shall be located on the roof of the building or in the rear yard. These elements shall be sited to minimize their visibility and impact, or screened and enclosed as to appear to be an integral part of the architectural design of the building.

7.    Parking Structures: Parking structures not attached to the principal building shall maintain a forty five foot (45’) minimum setback from a front or corner side yard property line or be located behind the primary structure.

8.    Modifications to Design Standards: Exceptions to subsection H may be authorized through the conditional building and site design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission.

SECTION 2.  Amending the text of Salt Lake City Code Section 21A.24.168.  That Section 21A.24.168 of the Salt Lake City Code (Zoning: Residential Districts: R-MU-45 Residential/Mixed Use District), shall be, and hereby is, amended to read as follows:

21A.24.168: R-MU-45 RESIDENTIAL/MIXED USE DISTRICT:

A.       Purpose Statement: The purpose of the R-MU-45 Residential/Mixed Use District is to provide areas within the city for mixed use development that promotes residential urban neighborhoods containing residential, retail, service commercial and small scale office uses. The standards for the district reinforce the mixed use character of the area and promote appropriately scaled development that is pedestrian oriented.

B.       Uses: Uses in the R-MU-45 Residential/Mixed Use District, as specified in Section 21A.33.020, “Table Of Permitted And Conditional Uses For Residential Districts”, of this chapter, are permitted subject to the general provisions set forth in Section 21A.24.010 of this chapter and this section.

C.       Minimum Lot Area and Lot Width: The minimum lot areas and lot widths required in this district are as follows:

Qualifying provisions:

1.       There is no minimum lot area nor lot width required provided:

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

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

c.    No garages shall face the primary street and front yard parking shall be strictly prohibited.

D.       Minimum Yard Requirements:

1.    Single-Family Detached Dwellings:

a.       Front yard: Minimum five feet (5’). Maximum ten feet (10’).

b.       Corner side yard: Minimum five feet (5’). Maximum ten feet (10’).

c.       Interior side yard:

(1)   Corner lots: Four feet (4’).

(2)   Interior lots: Four feet (4’).

d.       Rear yard: Twenty five percent (25%) of the lot depth, but need not be more than twenty feet (20’).

2.    Single-Family Attached, Two-Family and Twin Home Dwellings:

a.       Front yard: Minimum five feet (5’). Maximum ten feet (10’).

b.       Corner side yard: Minimum five feet (5’). Maximum ten feet (10’).

c.       Interior side yard:

(1)   Single-family attached: Four feet (4’) is required for any interior side yard that is not a common wall between properties.

(2)   Two-family:

(A) Interior lot: Four feet (4’).

(B) Corner lot: Four feet (4’).

(3) Twin home: No yard is required along the common lot line. A four foot (4’) yard is required on the other.

d.       Rear yard: Twenty five percent (25%) of lot depth or twenty five feet (25’), whichever is less.

3.    Nonresidential, Multi-Family Residential and Mixed Use Developments:

a.       Front yard: Minimum five feet (5’). Maximum fifteen feet (15’).

b.       Corner side yard: Minimum five feet (5’). Maximum fifteen feet (15’).

c.       Interior side yard: No setback is required unless an interior side yard abuts a single or two-family residential district. When a setback is required, a minimum ten foot (10’) setback must be provided, and the minimum side yard setback shall be increased one foot (1’) for every one foot (1’) increase in height above thirty feet (30’). Buildings may be stepped so taller portions of a building are farther away from the side property line. The horizontal measurement of the step shall be equal to the vertical measurement of the taller portion of the building.

d.       Rear yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet (30’).

4.    Legal Lots: Lots legally existing on the effective date hereof, April 12, 1995, shall be considered legal conforming lots.

5.    Required Yards for Legally Existing Buildings: For buildings legally existing on the effective date hereof, required yards shall be no greater than the established setback line.

E.       Maximum Building Height: The maximum building height shall not exceed forty five feet (45’), except that nonresidential buildings and uses shall be limited by subsections E1, E2, E3 and E4 of this section. Buildings taller than forty five feet (45’), up to a maximum of fifty five feet (55’), may be authorized through the conditional building and site design review process and provided, that the proposed height is supported by the applicable master plan.

1.    Maximum height for nonresidential buildings: Twenty feet (20’).

2.    Nonresidential uses are only permitted on the ground floor of any structure.

3.    Nonresidential uses in landmark sites are exempt from the maximum height for nonresidential buildings and the maximum floor area coverage limitations.

4.    For any property abutting a single-family or two-family residential district, the maximum height is limited to forty-five feet (45’) and may not be increased through any process.

F.       Minimum Open Space: For residential uses and mixed uses containing residential uses, not less than twenty percent (20%) of the lot area shall be maintained as open space. This open space may take the form of landscaped yards or plazas and courtyards, subject to site plan review approval.

G.       Landscape Buffers: Where a lot in the R-MU-45 district abuts a lot in a single-family or two-family residential district, landscape buffers shall be provided as required in Chapter 21A.48, “Landscaping and Buffers”, of this title.

H.       Design Standards: These standards apply when constructing a new building, an addition of one thousand (1,000) square feet or more that extends a street facing building façade, additions that increase the height of an existing building or when specifically indicated below.

1.    Minimum Ground Floor Glass: The ground floor elevation facing a street of all new buildings shall not have less than sixty percent (60%) glass surfaces between three (3) and eight feet (8’) above grade. All ground floor glass shall be nonreflective and allow visibility into the building for a depth of at least five feet (5’). The planning director may approve a modification to ground floor glass requirements if the planning director finds:

(a)      The requirement would negatively affect the historic character of an existing building;

(b)      The requirement would negatively affect the structural stability of an existing building; or

(c)      The ground level of the building is occupied by residential uses, in which case the sixty percent (60%) glass requirement may be reduced to forty percent (40%).

2.    Ground Floor Uses: On the ground floor, a permitted or conditional use other than parking shall occupy at least seventy-five percent (75%) of the width of any street-facing building façade. All portions of such ground floor spaces shall extend a minimum of twenty five feet (25’) into the building. Parking may be located behind these spaces.

3.    Ground Floor Building Materials: Other than windows and doors, eighty percent (80%) of the remaining ground floor wall area shall be clad in durable materials. Durable materials include brick, masonry, textured or patterned concrete and/or cut stone. Other materials may be used as accent or trim provided they cover twenty percent (20%) or less of the ground floor adjacent to a street. Other materials may be approved at the discretion of the planning director if it is found that the proposed material is of a durable material and is appropriate for the ground floor of a structure.

4.    Entrances: Provide at least one operable building entrance for every street facing façade. Additional operable building entrances shall be required for each seventy five feet (75’) of street-facing building facade.

5.    Maximum Length of Blank Walls: The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the ground floor level along any street facing façade shall be fifteen feet (15’). Changes in plane, color, texture, materials, scale of materials, patterns, art, or other architectural detailing are acceptable methods to create variety and scale. This shall include architectural features such as bay windows, recessed entrances or windows, balconies, cornices, columns, or other similar architectural features. The architectural feature may be either recessed or project a minimum of twelve inches (12”).

6.    Building Equipment and Service Areas: All building equipment and service areas shall be located on the roof of the building or in the rear yard. These elements shall be sited to minimize their visibility and impact, or screened and enclosed as to appear to be an integral part of the architectural design of the building.

7.    Stepback Requirement: Floors rising above thirty feet (30’) in height shall be stepped back ten (10’) horizontal feet from the building foundation at grade, in those areas abutting a single or two-family residential district and/or public street.

8.    Parking Structures: Parking structures not attached to the principal building shall maintain a forty five foot (45’) minimum setback from a front or corner side yard property line or be located behind the primary structure.

9.    Modifications to Design Standards: Exceptions to this requirement may be authorized through the conditional building and site design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission.

SECTION 3.  Amending the text of Salt Lake City Code Section 21A.46.090.A.3.  That Section 21A.46.090.A.3 of the Salt Lake City Code (Zoning: Signs: Sign Regulations for Mixed Use and Commercial Districts), shall be, and hereby is, amended to read as follows:

3.       Sign Type, Size And Height Standards For The R-MU-35, R-MU-45, R-MU And MU Districts:

STANDARDS FOR THE R-MU-35, R-MU-45, R-MU AND MU DISTRICTS 

Notes:

1. For height limits on building signs, see subsection 21A.46.070J of this chapter.

2. Not applicable to temporary signs mounted as flat signs.

3. Monument signs shall have a 5 foot setback, unless integrated into the fence structure. Height requirements for fence apply.

4. The total number of signs permitted from the sign types combined.

5. A single-tenant building may combine the square footage total of both the storefront orientation and the general building orientation flat signs to construct 1 larger sign.

6. Public property lease and insurance required for projection over property line.

7. Storefront flat signs limited to locations on the lower 2 floors.

8. Backlit awnings excluded.

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 25^th day of August, 2015.

Bill No. 47 of 2015.

Published: September 4, 2015.