Ordinance 48 of 2017

SALT LAKE CITY ORDINANCE

No. 48 of 2017

(An ordinance amending various sections of Title 21A of the Salt Lake City Code

pertaining to the AG Agricultural zoning district)

An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2017-00001 to modify regulations pertaining to the AG Agricultural zoning district.

WHEREAS, the Salt Lake City Planning Commission held a public hearing on March 8, 2017 to consider a petition submitted by Salt Lake City Mayor Jacqueline Biskupski (“Applicant”) (Petition No. PLNPCM2017-00001) to amend Chapters 21A.32 (Zoning: Special Purpose Districts), 21A.33 (Zoning: Land Use Tables), 21A.60 (Zoning: List of Terms), and 21A.62 (Zoning: Definitions) of the Salt Lake City Code to modify regulations pertaining to the AG Agricultural zoning district; and

WHEREAS, at its March 8, 2017 meeting, 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.32.050. That Section 21A.32.050 of the Salt Lake City Code (Zoning: Special Purpose Districts: AG Agricultural District), shall be and hereby is amended to read as follows:

21A.32.050: AG AGRICULTURAL DISTRICT:

A. Purpose Statement: The purpose of the AG agricultural district is to preserve and protect agricultural uses for local food production in suitable portions of Salt Lake City. These regulations are also designed to minimize conflicts between agricultural and nonagricultural uses. This district is appropriate in areas of the city where the applicable master plans support this type of land use.

B. Uses: Uses in the AG agricultural district as specified in Section 21A.33.070, “Table of Permitted and Conditional Uses for Special Purpose Districts”, of this title are permitted subject to the general provisions set forth in Section 21A.32.010 of this chapter and this section.

C. Minimum Lot Area and Lot Width:

1. Minimum Lot Area: 2 Acres.

2. Minimum Lot Width: 100 Feet.

D. Maximum Building Height: Forty-five feet (45’).

E. Minimum Yard Requirements:

1. Front Yard: Thirty feet (30’).

2. Corner Side Yard: Thirty feet (30’).

3. Interior Side Yard: Twenty feet (20’).

4. Rear Yard: Thirty feet (30’).

5. Accessory Buildings and Structures in Yards: Accessory buildings and structures may be located in required yard areas subject to Section 21A.36.020, Table 21A.36.020.B of this title.

F. Restrictions on Agricultural Uses: In addition to the applicable foregoing regulations, agricultural uses shall comply with the following requirements:

1. No feeding, grazing, or sheltering of livestock and poultry, whether within penned enclosures or within enclosed buildings, shall be permitted within one hundred feet (100’) of an existing single-family dwelling on an adjacent lot.

2. Stockyards, feed yards, slaughterhouses and rendering plants shall not be permitted.

SECTION 2. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts), shall be and hereby is amended as follows:

21A.33.070: TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS:

Legend:

C =

Conditional

P =

Permitted

Use

Permitted And Conditional Uses By District

AG-2

AG-5

AG-20

NOS

PL-2

Accessory use, except those that are otherwise specifically regulated elsewhere in this title

Adaptive reuse of a landmark site

P²

Agricultural use

Air cargo terminals and package delivery facility

Airport

Alcohol:

Brewpub (2,500 square feet or less in floor area)

P¹²

C¹²

Brewpub (more than 2,500 square feet in floor area)

P¹²

Dining club (2,500 square feet or less in floor area)

C¹²

Social club (2,500 square feet or less in floor area)

C¹²

Tavern (2,500 square feet or less in floor area)

C¹²

Ambulance service (indoor)

Ambulance service (outdoor)

P¹⁰

Amphitheater

Animal:

Kennel on lots of 5 acres or larger

P⁸

Pet cemetery

P⁴

P^4,5

Stable (private)

Stable (public)

Veterinary office

Antenna, communication tower

Antenna, communication tower, exceeding the maximum building height in the zone

P¹¹

Art gallery

Bed and breakfast

P²

Bed and breakfast inn

P²

Bed and breakfast manor

P²

Botanical garden

Cemetery

Clinic (medical, dental)

Community garden

Convent/monastery

Daycare center, adult

Daycare center, child

Dental laboratory/research facility

Dwelling:

Assisted living facility (large)

P¹⁶

Assisted living facility (limited capacity)

Assisted living facility (small)

Group home (large)¹⁷

Group home (small)¹⁸

Living quarters for caretaker or security guard

Manufactured home

Mobile home

Multi-family

Residential support (large)¹⁹

Residential support (small)²⁰

Rooming (boarding) house

Single-family (attached)

Single-family (detached)

Twin home and two-family

Eleemosynary facilities

P^16,21

Exhibition hall

Extractive industry

Fairground

Farm stand, seasonal

Financial institution

Financial institution with drive-through facility

P¹⁴

Gas station

P⁷

Government facility

C¹³

Government facility requiring special design features for security purposes

Government office

Heliport

Hospital, including accessory lodging facility

Hotel/motel

Hunting club, duck

Industrial assembly

Jail

Jewelry fabrication

Large wind energy system

Library

Light manufacturing

Manufacturing, concrete or asphalt

P¹⁵

Meeting hall of membership organization

Mixed use development

Mobile food business (operation on private property)

Municipal service uses, including city utility uses and police and fire stations

C¹⁴

Museum

Nursing care facility

Office

Open space

P⁹

Park

Parking:

Commercial

Off site

Park and ride lot

Park and ride lot shared with existing use

Performing arts production facility

Philanthropic use

Place of worship

Radio, television station

P⁶

Reception center

Recreation (indoor)

Recreation (outdoor)

Research and development facility

Research facility (medical)

Restaurant

P⁷

Restaurant with drive-through facility

P^7,14

P³

Retail goods establishment

P⁷

Retail, sales and service accessory use when located within a principal building

Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees

School:

College or university

K - 12 private

K - 12 public

Music conservatory

Professional and vocational

Seminary and religious institute

Small brewery

Solar array

P^a

Stadium

Storage, accessory (outdoor)

Studio, art

Theater, live performance

C¹⁵

Theater, movie

Transportation terminal, including bus, rail and trucking

Urban farm

Utility, building or structure

P¹

Utility, transmission wire, line, pipe or pole

P¹

Vehicle, automobile rental agency

Vending cart, private property

Vending cart, public property

Warehouse

Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate)

Wholesale distribution

Wireless telecommunications facility (see Section 21A.40.090, Table 21A.40.090E of this title)

Zoological park

Qualifying provisions:

1. Subject to conformance to the provisions in subsection 21A.02.050.B of this title.

2. When located in a building listed on the Salt Lake City register of cultural resources.

3. When located on an arterial street.

4. Subject to Salt Lake Valley Health Department approval.

5. In conjunction with, and within the boundaries of, a cemetery for human remains.

6. Radio station equipment and antennas shall be required to go through the site plan review process to ensure that the color, design and location of all proposed equipment and antennas are screened or integrated into the architecture of the project and are compatible with surrounding uses.

7. When approved as part of a business park planned development pursuant to the provisions of Chapter 21A.55 of this title.

8. Kennels, whether within penned enclosures or within enclosed buildings, shall not be permitted within 200 feet of an existing single-family dwelling on an adjacent lot.

9. Trails and trailheads without parking lots and without directional and informational signage specific to trail usage shall be permitted.

10. Greater than 3 ambulances at location require a conditional use.

11. Maximum of 1 monopole per property and only when it is government owned and operated for public safety purposes.

12. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related Establishments”, of this title.

13. If located on a collector or arterial street according to the Salt Lake City transportation master plan - major street plan: roadway functional classification map.

14. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-through use regulations.

15. Prohibited within 1,000 feet of a single- or two-family zoning district.

16. Occupancy shall be limited to 25 persons.

17. No large group home shall be located within 800 feet of another group home.

18. No small group home shall be located within 800 feet of another group home.

19. No large residential support shall be located within 800 feet of another residential support.

20. No small residential support shall be located within 800 feet of another residential support.

21. No eleemosynary facility shall be located within 800 feet of another eleemosynary, group home or residential support.

a. Prior to issuance of a building permit in the Development Area and the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay, consultation with the Utah Division of Wildlife Resources is required to obtain recommendations on siting and equipment types for all solar arrays on a particular property to mitigate impacts to wildlife.

[Note: The codifier is instructed to change the qualifying provision letter (a) assigned herein to the next number in sequence upon codification.]

SECTION 3. Amending the text of Salt Lake City Code Section 21A.60.020. That Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms), shall be and hereby is amended to insert the term “Hunting club, duck”, which term shall be inserted in the list of defined terms in alphabetical order and shall read as follows:

Hunting club, duck.

[The codifier is instructed to only insert the term “Hunting club, duck” at this time and not make any other modifications to Section 21A.60.020 as part of this ordinance.]

SECTION 4. Amending the 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 as follows:

a. Adding the definition of “HUNTING CLUB, DUCK”. That a new definition, “HUNTING CLUB, DUCK”, shall be added to the Definitions of Terms, which definition shall be inserted into Section 21A.62.040 in alphabetical order and shall read as follows:

HUNTING CLUB, DUCK: Private association organized to participate in duck hunting activities on private property.

b. Amending the definition of “AGRICULTURAL USE”. That the definition, “AGRICULTURAL USE”, shall be amended to read as follows:

AGRICULTURAL USE: The use of a tract of land for growing crops in the open, dairying, pasturage, horticulture, floriculture, general farming uses and necessary accessory uses, including the structures necessary for carrying out farming operations and the sales of food products and agricultural goods grown on site; provided, however, such agricultural use shall not include the following uses: the feeding of garbage to animals, the raising of poultry or furbearing animals as a principal use, or the operation or maintenance of commercial stockyards, or feed yards, slaughterhouses or rendering facilities.

c. Amending the definition of “DWELLING, LIVING QUARTERS FOR CARETAKER OR SECURITY GUARD”. That the definition, “DWELLING, LIVING QUARTERS FOR CARETAKER OR SECURITY GUARD”, shall be amended to read as follows:

DWELLING, LIVING QUARTERS FOR CARETAKER OR SECURITY GUARD: A residence, secondary and accessory to a principal use for persons employed principally on site for purposes of care and protection of persons, property, plants, animals, equipment, or other circumstances on site or on contiguous lots under the same ownership.

[The codifier is instructed to only make the above revisions to Section 21A.62.040 at this time and not make any other modifications to that section as part of this ordinance. Additionally, the proposed revision to the definition of “DWELLING, LIVING QUARTERS FOR CARETAKER OR SECURITY GUARD” is similarly proposed to be amended in another ordinance that has been transmitted to the city council; given the uncertainty of the order in which these ordinances will be considered and the importance of the amended definition to this ordinance, it is included herewith.]

SECTION 5. 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 5^th day of September, 2017.

Bill No. 48 of 2017.

Published: September 14, 2017.