Ordinance 59 of 2010

Click here to view entire ordinance

SALT LAKE CITY ORDINANCE

No. 59 of 2010

(An ordinance amending portions of Title 21A of the Salt Lake City Code  and amending the zoning map to establish the Transit Station Area zoning district)

      An ordinance amending section 21A (Zoning) of the Salt Lake City Code pursuant to Petition No. PLNPCM2010-00096 to establish the TSA Transit Station Area zoning district, amending existing sections of Title 21A affected by the establishment of the TSA Transit Station Area zoning district, and amending the zoning map to establish the boundaries thereof.

      WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on May 26, 2010 to consider a request made by the Planning Commission (Petition No. PLNPCM2010-00096) to amend Title 21A of the Salt Lake City Code to adopt a new section 21A.26.078 to establish the Transit Station Area zoning district, to amend existing sections of Title 21A affected by the establishment of the Transit Station Area zoning district, and to amend the zoning map to delineate the boundaries thereof; and

      WHEREAS, the Planning Commission continued its review of said petition to a June 9, 2010 public meeting to allow Planning Division staff time to make minor revisions to the proposed amendments; and

      WHEREAS, at its June 9, 2010 meeting, 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 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 to adopt section 21A.26.078  That section 21A.26.078 of the Salt Lake City Code (Zoning: TSA Transit Station Area District), shall be, and hereby is, adopted to contain the text and depictions as set forth in Exhibit “A” hereto.  The Transit Station Area Development Guidelines, incorporated by reference into the new section 21A.26.078 are provided herewith as Exhibit “B” and shall not be codified, but shall be kept on file with the Planning Division and made available to the public on the City’s web site.

SECTION 2.  Amending text of Salt Lake City Code section 21A.44.040.  That section 21A.44.040.C (Zoning: Off Street Parking and Loading: Transportation Demand Management) of the Salt Lake City Code shall be, and hereby is, amended to read as follows:

C. Special Minimum And Maximum Parking For Certain Districts: The regulations of this subsection are intended to reduce traffic volumes, energy consumption, pollution and encourage multi-modal transit in certain zoning districts by reducing the minimum number of parking spaces required, and in some cases, limiting the maximum number of parking spaces allowed. The districts subject to these special controls are districts where alternative forms of transportation exist. The districts subject to these special controls shall be subject to the requirements of section 21A.44.060 of this chapter, only to the extent specifically established in this subsection.

1.    D-1 District:

a.       Minimum Parking Required; Nonresidential Uses: The minimum number of parking spaces required for nonresidential uses shall be as follows:

(1)   No parking is required for the first twenty five thousand (25,000) square feet of floor area.

(2)   One space shall be required per one thousand (1,000) square feet of gross floor area in excess of twenty five thousand (25,000) square feet.

b.       Minimum Parking Required; Residential Uses: One-half (¹/₂) parking space shall be required for each dwelling unit.

c.       Parking Allowed; Nonresidential Uses: The number of parking stalls provided for any nonresidential use, other than retail sales and service uses, shall not exceed the amount permitted in the following four (4) phase schedule:

(1)   Phase One: No parking maximum is specified. Phase one commences at the adoption date hereof, April 12, 1995, and remains in effect for two (2) years.

(2)   Phase Two: Parking maximum ratio of four (4) parking stalls for each one thousand (1,000) square feet of gross floor area. Phase two shall commence at the end of phase one and shall remain in effect for two (2) years.

(3)   Phase Three: Parking maximum ratio of three (3) parking stalls for each one thousand (1,000) square feet of gross floor area. Phase three shall commence at the end of phase two and shall remain in effect for two (2) years.

(4)   Phase Four: Parking maximum ratio of two and one-half (2¹/₂) parking stalls for each one thousand (1,000) square feet of gross floor area. Phase four shall commence at the end of phase three and shall remain in effect permanently from that time.

(5)   Phasing Process: The process of enacting phases two, three and four shall include a review and decision process that will involve receiving a recommendation from the city's contract manager of the downtown improvement district, a recommendation from the planning commission and a public hearing before the city council, prior to a final city council decision to enact the next phase. The decision to enact a subsequent phase shall include an analysis of alternative modes of transportation, air quality regulations, land use development, traffic congestion and specifically, the status of the proposed light rail transit system. A subsequent phase shall only be enacted with an affirmative vote by the city council.

d.       Maximum Parking Allowed; Retail Sale And Service Uses: The maximum parking for retail sales and service uses shall not exceed four (4) parking stalls for each one thousand (1,000) square feet of gross floor area. Implementation of this maximum parking requirement shall commence two (2) years from the adoption date hereof, April 12, 1995, and shall remain in effect permanently from that time.

e.       Maximum Parking Allowed; Residential Uses: The maximum parking for residential uses shall not exceed two (2) parking stalls for each residential unit.

f.       Exemption From Maximum Parking: Exemptions from the maximum parking requirements in this subsection C1 may be authorized as a conditional use pursuant to the procedures and standards of chapter 21A.54 of this title. Additionally, the applicant must demonstrate that additional parking is necessary to support a specific land use and that additional on site parking is the most feasible means of supplying the parking demand.

2.    R-MU District:

a.       For single-family and two-family residential uses in the R-MU district, one parking stall shall be required for each unit. For multiple-family residential uses in the R-MU district, one-half (¹/₂) parking space shall be provided for each dwelling unit.

b.       Credit for on street parking may be granted, as provided in subsection D of this section.

3.    CN And CB Districts:

a.       For residential uses in the CN and CB districts, not less than one parking space shall be provided for each dwelling unit.

b.       Credit for on street parking may be granted, as provided in subsection D of this section.

4.    G-MU, D-3, And D-4 Districts:

a.       For residential uses in the G-MU, D-3 and D-4 districts, not less than one parking space shall be provided for each dwelling unit.

b.       For buildings that have ten (10) or more residential units with at least twenty percent (20%) of the units as either affordable, senior housing, or assisted living units shall be allowed to have a minimum of one-half (¹/₂) of a parking space provided for each dwelling unit.

5.    G-MU And D-3 Districts:

a.       For nonresidential uses in the G-MU and D-3 districts, no off street parking shall be required for the first five thousand (5,000) square feet of floor area. For all uses with more than five thousand (5,000) square feet, the parking requirement shall be one space per one thousand (1,000) square feet of gross floor area, including the initial five thousand (5,000) square feet.

6.    D-4 District:

a.       For nonresidential uses in the D-4 district, no off street parking shall be required for the first twenty five thousand (25,000) square feet of floor area. For all uses with more than twenty five thousand (25,000) square feet, the parking requirement shall be one space per one thousand (1,000) square feet of gross floor area, which shall not include the initial twenty five thousand (25,000) square feet.

7.    TC-75 District:

a.       For nonresidential uses in the TC-75 district, no off street parking shall be required for the first five thousand (5,000) square feet of floor area. For all nonresidential uses with more than five thousand (5,000) square feet, the parking requirement shall be one space per one thousand (1,000) square feet of gross floor area, including the initial five thousand (5,000) square feet.

b.       All residential parking requirements listed in table 21A.44.060F of this chapter are reduced by fifty percent (50%) within the TC-75 zoning district.

8.  TSA District

a. There are no minimum off-street parking requirements in the Core Area as identified in section 21A.26.078.

b. The minimum off-street parking requirement in a Transition Area as identified in section 21A.26.078 shall be equal to 50% of the requirement in section 21A.44.060.

c. The maximum off-street parking allowed shall be as follows:

i.    Residential Uses:  one stall per dwelling unit in the Core Area and 1.5 stalls per dwelling unit in the Transition Area.

ii.  All other uses:  3 stalls for every 1,000 square feet of net floor space in the Core and Transition Area.

iii.  Mixed use Developments:  the maximum off-street parking requirements for mixed use developments shall be calculated based on the above ratio for each different type of use that may occupy the building.

SECTION 3.  Amending text of Salt Lake City Code section 21A.46.095.  That section 21A.46.095 (Zoning: Sign Regulations for Transit Corridor Districts) of the Salt Lake City Code shall be, and hereby is, amended to read as follows:

21A.46.095: SIGN REGULATIONS FOR TRANSIT CORRIDOR AND TRANSIT STATION AREA DISTRICTS:

The following regulations shall apply to signs permitted in transit corridor and transit station districts. Any sign not expressly permitted by these district regulations is prohibited.

A.    Sign Regulations For The TC-75 Transit Corridor District and TSA Transit Station Area District:

1.       Purpose: Sign regulations for the TC-75 and TSA districts are intended to provide for appropriate signage oriented primarily to pedestrian and mass transit traffic.

2.       Applicability: Regulations in subsection A3 of this section shall apply to all lots within the TC-75 and TSA districts.

3.       Sign Type, Size And Height Standards:

STANDARDS FOR THE TRANSIT CORRIDOR DISTRICT (TC-75) AND TRANSIT STATION AREA

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.  The total number of signs permitted from the sign types combined.
4.  Storefront flat signs limited to locations on the lower 2 floors.
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.

SECTION 4.  Amending the Zoning Map.  The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that all property so designated on Exhibit “C” hereto shall be and hereby is re-zoned to TSA Transit Station Area District.

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 10^th day of August, 2010.

Bill No. 59 of 2010.

Published: August 11, 2010.

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 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 is generally within a ¼ mile walk of a transit station platform.  The Core Area may mix ground floor retail, office, commercial and residential space in order to activate the public realm.  Buildings in this area should have minimal setbacks to encourage active outdoor use adjacent to the sidewalk, such as outdoor dining and patios that reflect the desired character of the area.  Building facades should be varied and articulated, include storefronts adjacent to the street, windows on the street level, and have clearly defined entrances to provide visual interest to pedestrians.  Buildings should be a minimum of two or three stories in height, depending on location, in order to define the street edge.  Arcades, bays, and balconies are encouraged.  The configuration of buildings must balance the needs of all modes of circulation with the safety and comfort of pedestrians and bicyclists.   A vertical mix of uses, with office and residential above ground floor commercial uses is encouraged.  A minimum of 30 dwelling units per acre is encouraged within the Core. 

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 are generally located within a ½ mile from the station platform, but may vary based on the character of the area.  Transition Areas typically serve the surrounding neighborhood; include a broad range of building forms that house a mix of compatible land uses. The minimum desired density is 10 dwelling units per acre. Commercial uses may include office, retail, restaurant and other commercial land uses that are necessary to create mixed use neighborhoods.  Commercial uses can be clustered around intersections and along block faces to create neighborhood nodes.   

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.  Each station area typically will include a core area, where the most intense development will occur, and a transition area, which is intended to create a buffer area between the core and those areas with generally lower intensities and densities.  Prior to classifying a transit station into a specific type, a station area plan must be adopted by the City Council prior to applying this zoning district to a geographic area.  Only those stations that have an adopted station area plan will be classified.

1.    Urban Center Station:  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. The intensity level of the area is characterized by a 24-hour population, active streetscapes, defined street walls and the presence of multiple types of public transit or as a node where several rail transit lines converge.  Development generally occurs on vacant parcels or through redevelopment of underutilized parcels.  The station area has a compact, dense, inter-connected and walkable development pattern.  Large scale development occurs closer to the station platforms; and is scaled back as it gets closer to less intense areas.  Building forms vary, but are typically oriented to the pedestrian, are multiple stories in height, and contain a horizontal and vertical mix of land uses.  Buildings up to 10 stories in height are allowed in the core, while buildings in the transition zone are approximately half that size.  The station area contains a number of regional attractions, such as destination retail, employment, dining and entertainment and a high level of pedestrian activity.   A variety of dense housing options exist.  Development includes civic amenities, such as public gathering places.  Uses that help implement the vision for the station and that area commonly found in an intense urban area are appropriate.  The following stations are considered an Urban Center type of station:  North Temple Viaduct Transfer Station. 

2.    Urban Neighborhood Station:  An evolving and flexible development pattern defines an Urban Neighborhood Station Area.  Development generally happens as infill on vacant parcels or redevelopment of underutilized parcels.  These stations evolve in established residential areas where initial changes may add density and intensity in compact building forms that blend in with the residential character of the area. Urban Neighborhoods consist of multi-level 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.  A mix of building types are possible, ranging from single use structures to mixed-use buildings.  Residential uses are generally located above the first floor, although they can be located on the ground floor in certain situations.  The highest residential densities and most intense land uses are generally located closest to the station platform.  Urban Neighborhoods are served by at least two forms of transit, including light rail and bus service.  The uses serve the surrounding neighborhood with nearby destinations and have the potential to attract people from other neighborhoods.

In some Urban Neighborhood Station Areas, a linear development pattern along commercial streets that intersect the transit corridor defines a neighborhood main street.  Neighborhood main streets are approximately two blocks long, with two-four story buildings located close to the sidewalk.  The ground floors of buildings are typically occupied by active uses, such as retail or restaurants.

The following stations are considered to be Urban Neighborhood Stations:  800 West light rail station. 

3.    Mixed-Use Employment Center Station:  A Mixed-Use Employment Station is an area with a high concentration of jobs that attract people from the entire region.  These areas generally start with a campus style development pattern and are dominated by a single type of use that generally employs a high number of people.  Buildings are often large scale in nature and may have large footprints.  New development occurs on vacant parcels.  Redevelopment occurs on surface parking lots, underutilized land, or as additions to existing buildings as businesses expand.  The primary mode of circulation is by automobile, but the area is served by at least two types of mass transit which provides alternative modes of transportation for employees.  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.  The area is likely to have large blocks and lacks a consistent street network.  Connectivity for all modes of travel is important due to the limited street network.  The following stations are considered to be Mixed-Use Employment Center Stations: 1950 West, 2200 West, and the Cornell light rail stations.

4.    Special Purpose Station:  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, usually light rail or bus.  New development is limited due to the nature of the primary function of the area, but redevelopment of underutilized parcels is likely to occur. 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.  The following stations are considered to be Special Purpose Stations:  Fairpark light rail station. 

C. Review Process:  The intent of the review process is to make the process for desirable development easy to realize in a relatively quick timeframe.  The review process focuses on building forms and their relationship to adjacent buildings, the public street, transit and other public spaces.  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. 

1.    Pre-submittal Conference:  All applicants for development within the Transit Station Area Zoning District are required to attend a pre-submittal conference with the Planning Division.  The purpose of the pre-submittal 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.

2.    Development Review Application:  After a pre-submittal 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 checklists:  one for the applicants use and one for the Planning Division’s use.

3.    Application Review:  Table 21A.26.078 C summarizes the application review process.  All applications shall be processed as follows. 

a.  Tier 1 Planning Commission Review:  If a project is assigned a score less than 50 points, the project can only be approved by the Planning Commission through the Conditional Building and Site Design Review process in Chapter 21A.59.  Once the applicant receives written notice of their score, they will be given 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 Hearing process.

b.  Tier 2 Administrative Hearing:  A project that has a development score between 50 and 99 points is eligible for an Administrative Hearing.  Any project being reviewed at an Administrative Hearing shall be reviewed using the standards found in 21A.59.060 Standards for Design Review.

1.    Notice and Posting Requirements:  Notice of the Administrative Hearing shall be done in accordance with Section 21A.10.020C. Conditional Building and Site Design Review.

2.    Administrative Hearing:  After consideration of the information received from the applicant and any other interested party, the Planning Director, or designee may approve, approve with conditions, deny or refer the matter to the Planning Commission.

3.    Appeals of Administrative Hearing Decision:  Any person aggrieved by the decision made by the Planning Director or designee at an Administrative Hearing may appeal the decision to the Salt Lake City Planning Commission by filing notice of appeal within ten days after the Record of Decision is published.  The notice shall state the reason(s) for the appeal.  Reason(s) for the appeal shall be based upon procedural error, the development score of the project or the criteria set forth in Section 21A.59060 Standards for Design Review. 

c.  Tier 3 Administrative Review:  The Planning Director has the authority to approve a project scoring 100 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 design guidelines or development incentives to be deemed compliant with the vision for the station area.

Table 21A.26.078 C 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 placemaking policy document for the area around a specific transit station. The development score is based on the design guidelines and development incentives in the “Transit Station Area Development Guidelines” book, herby adopted by reference.  The “Transit Station Area Development Guidelines shall be amended following the adopted procedures for zoning text amendments in Section 21A.50 Amendments.  Each design guideline is assigned a value.

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.  The Planning Director shall evaluate each project in the Transit Station Area zone and assign a development score.  The development standards in Section 21A.26.078.F and the design standards in Section 21A.26.078 H shall be complied with by all projects and are not calculated in the development score.

2.    Using the score:  Every development is required to meet a minimum development score.  The minimum score represents a percentage of the total points possible. 

3.    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 30 days of submitting a complete application. 

4.    Appeals:  An Applicant may appeal the development score to the Planning Commission. In hearing the appeal, the Planning Commission shall hold a public hearing in accordance with section 21A.10.030.  In deciding the appeal, the Planning Commission shall base its decision on its interpretation of the design guidelines, the development score and whether the project complies with the goals of the applicable station area plans and the purposes of the TSA zoning district.

E.  Certificate of Occupancy:  Prior to issuing a certificate of occupancy, a project shall be inspected by the City to determine if the project substantially complies with the Development Score and, if applicable, any conditions of approval required by the Planning Commission, Administrative Hearing Officer or Planning Director.  If the project does not receive final approval at the inspection, the project must be brought into compliance with the Development Score and, if applicable, any conditions of approval required by the Planning Commission, Administrative Hearing Officer or Planning Director.

F.  Prohibited Uses: The intent of this section is to identify those land uses that are not compatible with transit-oriented development due to the nature of the use, the land requirements of the use, or the potential impacts of the use.  Uses listed in Table 21A.26.078 E and that have an “X’ in a box next to the specific land use, indicates it is prohibited.  Any use not listed, but is substantially similar to a use listed, shall be prohibited.  All other uses are permitted.

Table 21A.26.078. E Prohibited Uses

1.    Existing Uses and Buildings:  A use located within a station area legally existing at the time that this zoning district was adopted ,but listed as a prohibited use in 21A.26.078.C Prohibited Uses, shall be considered a legal  non-conforming use.  A structure legally existing at the time this ordinance was adopted, but not conforming to the standards in this chapter, shall be considered a legal non-complying structure.  Any legal nonconforming use or legal non-complying structure is subject to Chapter 21A.38.

G. Development Standards: 

Intent:  The purpose of the following development standards is to promote an intense and efficient use of land at increased densities in the station areas.  The development standards are intended to create a safe and pleasant environment near transit stations by encouraging an intensive area of mixed use development and activities, pedestrian amenities and by limiting conflicts between vehicles and pedestrians.   Development standards are intended to create a reasonably continuous building edge that defines the exterior spatial enclosure of the street or open space and protect adjacent low density residential zoning districts.  With some exceptions, buildings line a street at or near the public right-of-way to the greatest extent possible. 

Application:  The dimensional requirements in Table 21A.26.078.D apply to all new buildings and developments as well as additions to existing buildings. The following development standards apply to the Core and Transition Areas of all station types:

1.    Building Height:  Height limits are intended to control the overall scale of buildings, the compatibility with adjacent development, and the composition of the urban form of the block. Minimum building heights in the Core Area relate to the width of the street, with a minimum ratio of one (1) foot of building height for every three (3) feet of street width.  Building height is measured from the finished grade to the highest point of the building.  The following exceptions apply:

a.      The minimum building height applies to all structures that are adjacent to a public or private street.

b.     Elevator shafts, parapet walls, and other projections are permitted subject to section 21A.36.020C Height Exception.

c.      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 inhabitable space.  The height of the additional story shall be equal to or less than the average height of the other stories in the building.

2.    Setbacks:  Required building setbacks promote streetscapes that are consistent with the desired character of the street and various station typologies and its core and transition areas.  Building setbacks create a safe environment that is inviting to pedestrians and transit users and maintain light, air and potential privacy for adjacent residential uses.

a.      Front Yard Setback:  All portions of a front yard not occupied by building, driveways, walkways or other similar feature must be completely landscaped or include an active outdoor use such as outdoor dining with the space not dedicated to active outdoor use completely landscaped. 

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

b.     North Temple Boulevard:  The front yard setback along North Temple Boulevard shall be 15 feet for a minimum of 50% of the width of the street facing facade.  Up to 50% of a street facing façade may encroach up to the front property line.  In this case, the area not occupied by the building footprint must be landscaped or include active outdoor use, such as outdoor dining, plazas, courtyards or other similar useable public space or use.  Setbacks over 15 feet are not allowed. 

c.      Side yard Setback: 

1.    Drive aisles are allowed in the side yard setback.  In the transition subarea, parking is allowed in the side yard subject to section 21A.26.078 J.

2.    Side yard setback when adjacent to a single family or two family zoning district: 

a.    A minimum of 25 feet in the Core area.

b.    15 feet in the Transition area.

3.    Side yard setback when adjacent to other uses or districts:  No minimum side yard required.

d.     Rear yard Setback: 

1.    Core Area: if a structure is located adjacent to a single family or two family residential zoning district, the rear setback shall be equal to the height of the building on the subject property in the Transit Station Area District.  Buildings may be stepped so taller portions of a building are further away from the rear property line.  The horizontal measurement of the step shall be equal to the vertical measurement of the taller portion of the building.  When a public alley is between the two properties, the width of the alley may be counted towards the setback.

2.    Transition Area:  A minimum of 25 feet.

e.      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 50 feet, measured from the Annual High Water Line as defined in Section 21A.34.130.  For buildings over 50 feet in height, the setback shall increase one foot for every foot in height over 50 feet up to a maximum of 75 feet.  Portions of buildings over 50 feet in height may be stepped back to comply with this standard.

3. Minimum Lot Area: 

a.       The minimum lot area applies to all new subdivisions of land.

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

Table 21A.26.078 D Dimensional Requirements

NNotes:

1. Reference 21A.26.078.F.2 for specific standards.

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

3. Buildings with a roof that has at least 2 sloping planes may be allowed up to 105 feet.  The additional height may include inhabitable space.

4. Minimum Lot Coverage:  The intent of the minimum lot coverage is to ensure compact development.

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

a.       Core Area: 

1.    within the core area, open space may include landscaped yards, patios, public plazas, pocket parks, courtyards, rooftop and terrace gardens and other similar types of open space amenity. 

2.    A minimum of 10% of the land area up to 5,000 square feet.

b.       Transition Area: 

1.    Within the transition area, open space may include landscaped yards, patios, public plazas, pocket parks, courtyards, rooftop gardens and terraces, community gardens and other similar types of amenities. 

2.    The minimum open space requirement is 10% of the land area up to 2,500 square feet.

c.        Access to Open Space:  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 Requirements.

H. Residential Densities: 

1.    Core Area:  No maximum.

2.    Transition Area:  No maximum. 

I.   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.

J.  Design Standards: 

Purpose:  Design standards create the fundamental characteristics of a transit oriented district and the basic design elements required for a successful transit station area. Design standards are intended to provide a safe and interesting walkable environment by connecting ground floor uses adjacent to the sidewalk areas, by encouraging the continuity of retail and service uses, providing surveillance opportunities on the street and public open spaces and framing the street by bringing portions of buildings up to the sidewalk.  All buildings shall be designed for the context and character of the project and how they interact visually, functionally, and socially with the context of the public environment.   

Application:  The following design standards apply to all projects within the Core and Transition Areas of all station area types:

1.    Building Walls Adjacent to a Street:  Street-facing building facades shall provide architectural variety and scale.  Changes in plane, color, texture, materials, scale of materials, patterns, art, or other architectural detailing are acceptable methods to create variety and scale.  Building walls parallel to a public street and greater than 30 feet in length shall be broken up by 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 12 inches.

2.    Ground Floor Building Materials:  Other than ground windows and doors, 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 20% of less of the ground floor adjacent to a street.

3.    Ground Floor Glass and Transparency: All street-facing elevations of a development shall be designed so that the first floor street-facing façade has at least 60% clear glass between three and eight feet above grade to allow pedestrians to view activities inside the building or lighted display windowed.  There must be visual clearance behind the glass for a minimum of two feet (2'). Three dimensional display windows at least two feet deep are permitted and may be counted toward the sixty percent (60%) glass requirement.  Ground floor windows of commercial uses shall be kept clear at night, free from any window covering, with internal illumination.  When ground floor glass conflicts with the internal function of the building, other means shall be used to activate the sidewalk, such as display windows, public art, architectural ornamentation or detailing or other similar treatment.  The first floor elevation facing a street of all new buildings, or buildings in which the property owner is modifying the size of windows on the front facade, shall not have less than sixty percent (60%) glass surfaces. The reflectivity in glass shall be limited to eighteen percent (18%) as defined by ASTA standards. The Planning Director may approve a modification to this requirement if the Planning Director finds:

a.    The requirement would negatively affect the historic character of the building, or

b.    The requirement would negatively affect the structural stability of the building.

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

Any appeal of an administrative decision made pursuant to this subsection may be made to the Planning Commission.

4.      Building Entrances: The intent of regulating building entrances is to promote security on the street and public spaces by providing frequent points of access and sources of activity.  Functional entrances to non-residential uses should be located at an average of 75 feet or less from on another.  At least one operable building entrance per elevation facing a public street shall be provided.  Each ground floor leasable space is required to have an operable entrance facing the street and a walkway to the sidewalk.  If a plaza or open space is provided as part of the development, a minimum of one entrance opening onto the plaza or open space shall be provided.  This entrance shall be counted towards the spacing of functional entrances identified in this section and may count as the primary entrance to the building.

5.    Ground Floor Residential Uses: The interior floor elevation of ground-floor residential units in the Core Area shall be a minimum of two feet and a maximum of five feet above grade.  Dwelling units located on the ground floor and facing a public or private street shall have a minimum of one primary entrance facing the street in the Core Area.  The facades of all buildings in the Core and Transition Areas with ground floor residential uses shall feature elements that signal habitation such as windows, entrances, stairs, porches, bay windows, and balconies that are visible from the public street.  Attached single family dwellings, townhomes, row houses, entrances that open onto a courtyard facing a public street, and other similar housing types shall have a primary entrance facing the street for each unit. 

6.    Parking Structures:  The intent of regulating parking structures is to minimize the visual impact of the structure and the cars parking within it, and to reduce their impact on the ground floors adjacent to public sidewalks and streets.  Parking structures are permitted within the Core and Transition Areas provided:

a.    The ground floor of parking structures adjacent to a public street shall include an active use other than parking such as office, retail, residential leasing office, restaurant, etc.  Parking is permitted behind the ground floor uses.  If the ground floor does not include active use, than the structure must be set back behind a building or be a minimum of 60 feet from a property line adjacent to a public street or sidewalk.

b.    The levels of parking above the first level facing the front or corner side lot line shall have horizontal floors and/or facades and not sloped.

c.    The levels of parking above the second level shall be designed to effectively screen the vehicles so they are not readily visible from an adjacent street.

d.    Below-grade parking structures for structures with ground floor residential uses may extend a maximum of five feet above the existing grade provided the above grade portion is screened with vegetation or architectural feature(s).  

7.    Mechanical Equipment:  All roof mounted mechanical and electrical equipment, communication antennas or dishes shall be enclosed, screened, organized designed and located to be out of view from streets and public spaces.  The parapet or enclosure shall be equal to or greater than the height of the equipment to be screened to reduce equipment noise and odors, and other impacts onto adjacent uses and maintain the integrity of overall architectural character and scale of the building.  Mechanical equipment may be located on the ground provided it is behind the building, screened and not located in a required rear yard or side yard setback.  Utility boxes are subject to section 21A.40.160 Ground Mounted Utility Boxes.

8.    Service Areas:  Service areas, loading docks, refuse containers and similar areas shall be fully screened from public view.  All screening enclosures viewable from the street shall be either incorporated into the building architecture or shall incorporate building materials and detailing compatible with the building being served.  All screening devices shall be a minimum of one foot higher than the object being screened.  Dumpsters must be a located a minimum of 25 feet from a single or two family residential zoning district.

K. 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 towards 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.

L.  Parking:  The purpose of this section 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 section. 

1.    Surface parking lots and structures on corner properties:  On corner properties, surface parking lots and structures shall be located behind principal buildings or at least sixty (60) feet from a front and corner side lot lines. 

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

a.    Set back a minimum of 30 feet 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.

b.    Screened with a landscaped hedge or wall that is at least 36 inches above grade and no taller than 42 inches above grade.  Landscaping berms are not permitted.

c.    The parking lot shall be no wider than what is required for one row of parking and drive aisle as indicated in Table 21A.44.020.

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

a.    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 (5) feet of a property line adjacent to a street, the parking lot shall be setback a minimum of 8 feet.  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.

b.    Screened with a landscaped hedge or wall that is at least 36 inches above grade and no taller than 42 inches above grade.  Landscaping berms are not permitted.

4.    Walkways Through Parking Lots:  Parking lots with more than 15 stalls 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 drive aisles.  Walkways shall be curb separated from the parking areas and a minimum of five feet wide.  Vehicles shall not overhang the walkway.  Parking lot landscaping requirements in 21A.48 shall be included on the side of the walkway.  Where the walkway crosses a drive aisle, a cross walk that is clearly identified by a change in color, material, or similar technique shall be used.

5.    Other Applicable Standards:  All other standards in section 21A.44Off-Street Parking and Loading shall apply.

M. Conflicting Regulations:  In cases where the regulations of this section conflict with another section of this Zoning Ordinance, this Chapter 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.

N. Developments over five (5) acres: 

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. 

Application:  These standards are in addition to all other applicable standards.  In situations where the standards in this section conflicts 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 development over 5 acres shall be subject to the applicable review process based on the lowest development score assigned to an individual building in the development.

1.    Block Layout:  The intent of regulating block size and dimension is to create a development pattern where all principal buildings have their primary façades 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:

a.    The maximum perimeter dimension of any block shall be 1600 feet.  The maximum length of any individual block face shall be 440 feet.

b.    The maximum perimeter dimension of a block may be increased to 2400 linear feet, and the maximum length of any block face increased to 600 feet provided a midblock pedestrian network is included.  The midblock pedestrian network must be a minimum of 20 feet wide and include pedestrian amenities such as lighting, benches, and other similar features.  The midblock walkway shall connect to at least two block faces or be extended to the property line to allow for future extension.  The standards in section 21A.26.078 H1-3 apply to building walls adjacent to a midblock walkway.

2.    Housing Proximity to Transit:  Developments that include housing should cluster the housing so a minimum of 50% of the housing is located with ¼ mile walking distance of a transit platform.

3.    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 travel ways 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.

4.    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.

a.    Access points located on public streets intended for vehicles shall be spaced a minimum of 100 feet apart.

b.    No property shall have more than one vehicle access point for every 200 linear feet of frontage on a public street. 

c.    No access drive shall be greater than 24 feet wide.

d.    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.

5.    Internal Circulation:  Internal circulations 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 travelling from public spaces to bicycle parking areas within a site.  All new developments over 5 acres are required to submit an Internal Circulation Network Plan.

a.    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.

b.    The internal circulation system shall be designed to move vehicles at speeds of 20 miles per hour less.

c.    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.

d.    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 200 feet apart, measured from centerline to centerline.

e.    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.).

f.     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 store fronts.

g.    A coordinated system of bicycle paths should be provided.

h.    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.

6.    Parking:  Parking may be provided along any private street within a development over five (5) acres.  The parking shall be counted towards the applicable off-street parking standard when provided on private streets.  All parking areas and stalls must comply with the parking lane widths identified in Table 21A.26.078 L.

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

a.    In the Core and Transition Areas of all Station Areas, a minimum of 10% of the site, up to 15,000 square feet, shall be devoted to open space.  Usable open space is defined as landscaped areas, plazas, outdoor dining areas, terraces, roof top gardens, storm water retention areas, and any other similar type of area.

b.    Connectivity to adjacent open space:  When adjacent to public open space, parks, trails and pathways, open space on developments over five acres in size are encouraged to provide access to the public open space.

8.    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.

Necessary amendments for parking ratio standards:

(Underlined text would be new additions to the existing text to the specific section)

21A.44.040 Transportation Demand Management

C. Special Minimum And Maximum Parking For Certain Districts: The regulations of this subsection are intended to reduce traffic volumes, energy consumption, pollution and encourage multi-modal transit in certain zoning districts by reducing the minimum number of parking spaces required, and in some cases, limiting the maximum number of parking spaces allowed. The districts subject to these special controls are districts where alternative forms of transportation exist. The districts subject to these special controls shall be subject to the requirements of section 21A.44.060 of this chapter, only to the extent specifically established in this subsection.

      8.  TSA District

            a.  There are no minimum off-street parking requirements in the Core Area as identified in section 21A.26.078.

b.  The minimum off-street parking requirement in a Transition Area as identified in section 21A.26.078 shall be equal to 50% of the requirement in section 21A.44.060..

c.  The maximum off-street parking allowed shall be as follows:

  i.  Residential Uses:  one stall per dwelling unit in the Core Area and 1.5 stalls per dwelling unit in the Transition Area.

  ii.  All other uses:  3 stalls for every 1,000 square feet of net floor space in the Core and Transition Area.

  iii.  Mixed use Developments:  the maximum off-street parking requirements for mixed use developments shall be calculated based on the above ratio for each different type of use that may occupy the building.

Necessary Amendments for signs:

Amendment to existing zoning regulations for signs (proposed changes are underlined):  The only changes are to add the district name to this section.  The sign regulations in TC-75 will be applied to the TSA zoning district):

21A.46.095: SIGN REGULATIONS FOR TRANSIT CORRIDOR AND TRANSIT STATION AREA DISTRICTS:

The following regulations shall apply to signs permitted in transit corridor and transit station districts. Any sign not expressly permitted by these district regulations is prohibited.

A. Sign Regulations For The TC-75 Transit Corridor District and TSA Transit Station Area District:

1. Purpose: Sign regulations for the TC-75 and TSA districts are intended to provide for appropriate signage oriented primarily to pedestrian and mass transit traffic.

2. Applicability: Regulations in subsection A3 of this section shall apply to all lots within the TC-75 and TSA districts.

3. Sign Type, Size And Height Standards:

STANDARDS FOR THE TRANSIT CORRIDOR DISTRICT (TC-75) AND TRANSIT STATION AREA

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.  The total number of signs permitted from the sign types combined.
4.  Storefront flat signs limited to locations on the lower 2 floors.
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.