Ordinance 59 of 2012

Click here to view entire ordinance

SALT LAKE CITY ORDINANCE

No. 59 of 2012

(An ordinance amending certain sections of Title 21A of the Salt Lake City Code to adopt the Small Neighborhood Business zoning district)

     An ordinance amending certain sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2009-00615 to facilitate and create the Small Neighborhood Business (SNB) zoning district.

     WHEREAS, the Salt Lake City Planning Commission (“planning commission”) held a public hearing on August 10, 2011 to consider a request made by Salt Lake City Mayor Ralph Becker (petition no. PLNPCM2009-00615) to amend the text of sections 21A.40.050 (Zoning: Accessory Uses, Buildings and Structures: General Yard, Bulk and Height Limitations); 21A.44.020 (Zoning: Off Street Parking and Loading: General Off Street Parking Requirements); 21A.46.090 (Zoning: Signs: Sign Regulations for Mixed Use and Commercial Districts); 21A.26.020 (Zoning: Commercial Districts: CN Neighborhood Commercial District); 21A.26:030 (Zoning: Commercial Districts: CB Community Business District) of the Salt Lake City Code; and adopting a new section 21A.26.025 (Zoning: Commercial Districts: SNB Small Neighborhood Business District) of the Salt Lake City Code; and

     WHEREAS, at its August 10, 2011 hearing, the planning commission voted in favor of recommending to the Salt Lake City Council that the city council amend and adopt the sections of Title 21A of the Salt Lake City Code identified herein; and

     WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests,

     NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

SECTION 1. Amending text of Salt Lake City Code to adopt section 21A.26.025.  That section 21A.26.025 of the Salt Lake City Code (Zoning: Commercial Districts: SNB Small Neighborhood Business District), shall be, and hereby is, adopted to read as follows:

21A.26.025 SNB SMALL NEIGHBORHOOD BUSINESS DISTRICT:

A. Purpose Statement: The purpose of the Small Neighborhood Business zoning district is to provide areas for small commercial uses to be located adjacent to residential land uses, including midblock.  This district will preserve and enhance older commercial structures and storefront character by allowing a variety of commercial uses and placing more strict regulations on new construction and major additions to existing buildings.  The regulations are intended to restrict the size and scale of the commercial uses in order to mitigate negative impacts to adjacent residential development and encourage pedestrian-oriented development.  This zoning district is appropriate in places where it is supported by a community master plan, small area master plan or other adopted City Policies.

B. Uses: Uses in the SNB small neighborhood business district as specified in the Table of Permitted and Conditional Uses:

Qualifying provisions:

1.   Residential units may be located above or below first floor retail/office.

2.   Construction for a nonresidential use shall be subject to all provisions of subsections 21A.24.160.I and J of this chapter.

3.   See subsection 21A.02.050B of this title for utility regulations.

C. Conditional Building and Site Design Review:

1. Projects which meet the intent of the ordinance, but not the specific design criteria outlined in the following subsections, may be approved by the planning commission pursuant to the provisions of chapter 21A.59 of this title.

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

E. Maximum District Size:

1. 16,000 square feet

F. Yard Requirements:

1. Front and Corner Side Yard.  Front and Corner Side Yard Setbacks shall be equal to the required yard areas of the abutting zoning district along the block face. When the property abuts more than one zone the more restrictive requirement shall apply.

2. Interior Side Yard.  Interior Side Yard equal to the required yard areas of the abutting zoning district along the block face. When the property abuts more than one zone the more restrictive requirement shall apply.

3. Rear Yard.  Rear Yard Setbacks shall be equal to the required yard areas of the abutting zoning district along the block face. When the property abuts more than one zoning district the more restrictive requirement shall apply.

4. Buffer Yards.  Any lot abutting a lot in a residential district shall conform to the buffer yard requirements of Part IV, Chapter 21A.48, Landscaping and Buffers.

5. Accessory Buildings and Structures in Yards.  Accessory buildings and structures may be located in a required yard subject to Part IV, Chapter 21A.36, Section 21A.36.020B, Table 21A.36.020B, Obstructions in Yards.

6. Parking in Required Yard Area: No Parking is allowed within the front or corner side yard.

G. Landscape Yard Requirements:

1. Front and corner side yards shall be maintained as landscape yards.  Subject to site plan review approval, part or the entire landscape yard may be a patio or plaza, conforming to the requirements of Part IV, Chapter 21A.48, Landscaping and Buffers, Section 21A.48.090.

H. Maximum Height: 

1. Twenty-five feet (25’).  However, in no instance shall the height exceed the maximum height of any abutting residential zoning district along the blockface.

I. Maximum Height of Accessory Structures:

1. Refer to Section 21A.40.050.C

J. Hours of Operation:

1. Businesses in the SNB zone shall be open to the general public no earlier than 7:00 a.m. and no later than 10:00 p.m.

K. Minimum First Floor Glass:

1. The first floor elevation of all new façades facing a street, or buildings in which the property owner is modifying the size of windows on the front facade, shall not have less than forty percent (40%) glass surfaces. All first floor glass shall be non-reflective. The window face of display windows that are three-dimensional and are at least two feet (2') deep are permitted and may be counted toward the forty percent (40%) glass requirement. 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. The planning director may approve a modification to this requirement if the planning director finds:

A.  The requirement would negatively impact the historic character of the building, or

B.  The requirement would negatively impact the structural stability of the building.

C.  This requirement would not be required for first floor residential development.

L. Façade Articulation:

1. Structures of greater than 30 feet in width shall consist of one of the following design features:

A. The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the first floor level shall not exceed 75% of the building façade.  

B. Changes of color, texture, or material, either horizontally or vertically, at intervals of not less than 10 feet and not more than 20 feet;

C. A repeating pattern of wall recesses and projections, such as bays, offsets, reveals or projecting ribs, that has a relief of at least eight inches.

M. Primary Entrance Design:

1. Primary entrance design shall consist of at least three of the following design elements at the primary entrance, so that the primary entrance is architecturally prominent and clearly visible from the abutting street. Alternatives to these standards may be reviewed by the Planning Director:

A. Architectural details such as arches, friezes, tile work, canopies, or awnings.

B. Integral planters or wing walls that incorporate landscape or seating.

C. Enhanced exterior light fixtures such as wall sconces, light coves with concealed light sources, or decorative pedestal lights.

D. A repeating pattern of pilasters projecting from the façade wall by a minimum of eight inches or architectural or decorative columns.

E. Recessed entrances that include a minimum step back of 2 feet from the primary façade and that include glass on the sidewalls.

F. Screening: All building equipment and service areas, including on grade and roof mechanical equipment and transformers that are readily visible from the public right of way, shall be screened from public view. These elements shall be sited to minimize their visibility and impact, or enclosed as to appear to be an integral part of the architectural design of the building. Refer to section 21A.48.120 for refuse dumpster screening requirements.

N. Exterior Lighting:

1. Exterior lighting for structures in the SNB zone shall have the following qualities in addition to lighting requirements found in Section 21A.24.010.K.

A.  Exterior lighting shall be down directed and shielded from adjacent properties. 

B.  All exterior and interior lighting features that are readily visible from the exterior shall not strobe, flash, or flicker.

O. New Nonresidential Construction:

1. Construction of a new principal building, parking lot or addition to an existing building for a nonresidential use that includes the demolition of a commercial structure or a structure containing residential units may only be approved through a Conditional Building And Site Design Review Process pursuant to chapter 21A.59  of this title and subject to the design standards of subsection I of this section; provided, that in such cases the planning commission finds that the applicant has adequately demonstrated the following:

a. The replacement use for properties containing residential units will include an equal or greater number of residential units; and

b. The structure is isolated from other structures and does not relate to other structures within the residential-business neighborhood.  For purpose of this section, an isolated structure is a structure that does not meet the development pattern of the block face or block faces for corner properties; and

c. The design and condition of the structure is such that it does not make a material contribution to the character of the neighborhood.  A structure is considered to make a material contribution when it is similar in scale, height, width, and solid to void ratio of openings in the principal street facing façade.

P. Enlargement of A Structure: The enlargement by square footage of an existing structure may be approved by an Administrative Hearing Officer only if all of the following conditions are met:

1. Use is permitted in the zone.

2. The proposed use is compatible to the neighborhood in terms of development intensity, building configuration, building height, and building bulk.

3. The traffic generated by the proposed expansion is similar to that generated by the existing use or off street parking is available for the additional square footage.

4. The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare.

SECTION 2.     Amending text of Salt Lake City Code section 21A.46.090.A.1.  That section 21A.46.090.A.1 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:

A.      Sign Regulations For The R-MU-35, R-MU-45, R-MU, MU, SNB, CN And CB Districts:

1.   Purpose: Signage in the R-MU-35, R-MU-45, R-MU, MU, SNB, CN and CB districts should be appropriate for small scale commercial uses and business districts. These districts are located in proximity to residential areas or, in the case of the R-MU-35, R-MU-45, R-MU and MU districts, contain a residential/commercial mix of uses. The sign regulations for these districts are intended to permit signage that is appropriate for small scale commercial uses and business districts, with minimum impacts on nearby residential uses.

SECTION 3.     Amending text of Salt Lake City Code section 21A.46.090.A to adopt subsection 21A.46.090.A.6.  That section 21A.46.090.A of the Salt Lake City Code (Zoning: Signs: Sign Regulations for Mixed Use and Commercial Districts), shall be, and hereby is, amended to adopt subsection 21A.46.090.A.6 thereof, which shall read as follows:

6.      Sign Type, Size And Height Standards For The CN Districts

STANDARDS FOR THE SNB DISTRICT

Notes:

1. For heights limits on building signs, see subsection 21A.46.070J of the Sign Ordinance.

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

3. Signs on awnings may only face parallel or perpendicular to the building, see sign illustrations for an example.

SECTION 4. Amending text of Salt Lake City Code section 21A.40.050.C.  That section 21A.40.050.C of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: General Yard, Bulk and Height Limitations: Maximum Height of Accessory Buildings/Structures), shall be, and hereby is, amended to read as follows:

1.      Accessory To Residential Uses In The FP District, RMF Districts, RB, R-MU Districts, SNB and the RO District: The height of accessory buildings/structures in residential districts shall conform to the following:

a.   The height of accessory buildings with flat roofs shall not exceed twelve feet (12');

b.   The height of accessory buildings with pitched roofs shall not exceed seventeen feet (17') measured to the midpoint of the roof; and

c.   Accessory buildings with greater building height may be approved as a special exception, pursuant to chapter 21A.52 of this title.

     SECTION 5. Amending text of Salt Lake City Code section 21A.44.020.L.3.  That section 21A.44.020.L.3 of the Salt Lake City Code (Zoning: Off Street Parking and Loading: General Off Street Parking Requirements: Off Site Parking Facilities), shall be, and hereby is, amended to read as follows:

3.      Off site parking to support uses in the CB, CN, RB, SNB, MU, R-MU, R-MU-35 and R-MU-45 zone need not comply with the maximum five hundred foot (500’) distance limitation, provided the applicant can demonstrate that a viable plan to transport patrons or employees has been developed.

SECTION 6. Amending text of Salt Lake City Code section 21A.44.020.M.1.  That section 21A.44.020.M.1 of the Salt Lake City Code (Zoning: Off Street Parking and Loading: General Off Street Parking Requirements: Parking Exemptions for Pedestrian Friendly Development), shall be, and hereby is, amended to read as follows:

1.      In the CB, CN, RB, SNB, MU, R-MU, R-MU-35 and R-MU-45 zoning districts, businesses may be granted a partial exemption from off street parking requirements if they satisfy the criteria set forth below.

SECTION 7. Amending text of Salt Lake City Code section 21A.26.020.A.  That section 21A.26.020.A of the Salt Lake City Code (Zoning: Commercial Districts: CN Neighborhood Commercial District: Purpose Statement), shall be, and hereby is, amended to read as follows:

A.      Purpose Statement: The CN neighborhood commercial district is intended to provide for small scale, low intensity commercial uses that can be located within and serve residential neighborhoods.  This district is appropriate in areas where supported by applicable master plans and along local streets that are served by multiple transportation modes, such as pedestrian, bicycle, transit and automobiles.  The standards for the district are intended to reinforce the historic scale and ambiance of traditional neighborhood retail that is oriented toward the pedestrian while ensuring adequate transit and automobile access.  Uses are restricted in size to promote local orientation and to limit adverse impacts on nearby residential areas.

SECTION 8. Amending text of Salt Lake City Code section 21A.26.030.A.  That section 21A.26.030.A of the Salt Lake City Code (Zoning: Commercial Districts: CB Community Business District: Purpose Statement), shall be, and hereby is, amended to read as follows:

A.      Purpose Statement: The CB community business district is intended to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods while limiting adverse impacts through appropriate design standards. This district is appropriate in areas supported by applicable master plans and along collector or arterial streets.  Development is intended to be oriented to the pedestrian with buildings close to the street and compatible with the scale of the adjacent neighborhood.  Uses are restricted in size and intensity in order to limit adverse impacts on adjacent residential areas.

SECTION 9. 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 14^th day of August, 2012.

Bill No. 59 of 2012.

Published: September 10, 2012.