Zoneomics Logo
search icon

Salt Lake City City Zoning Code

PART V

AMENDMENTS AND SPECIAL APPROVALS

CHAPTER 21A.56 CONDOMINIUM APPROVAL PROCEDURE1

(Rep. by Ord. 7-14, 2014)

21A.50.010: PURPOSE STATEMENT:

The purpose of this chapter is to provide standards and procedures for making amendments to the text of this title and to the zoning map. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy. (Ord. 11-24, 2024: Ord. 56-14, 2014)

21A.50.020: AUTHORITY:

The text of this title and the zoning map may be amended by the passage of an ordinance adopted by the city council in accordance with the procedures set forth in this chapter. Applications related to H Historic Preservation Overlay District or Landmark Sites are subject to the procedures in Chapter 21A.51, Local Historic Designations and Amendments. (Ord. 11-24, 2024: Ord. 67-23, 2023: Ord. 56-14, 2014)

21A.50.030: INITIATION:

Amendments to the text of this title or to the zoning map may be initiated by filing an application for an amendment addressed to the planning commission. Applications for amendments may be initiated by the mayor, the city council, the planning commission, or the owner of the property included in the application, or the property owner's authorized agent. (Ord. 11-24, 2024: Ord. 67-23, 2023: Ord. 19-23, 2023: Ord. 56-14, 2014)

21A.50.040: PROCEDURE:

An amendment to the text of this title or to the zoning map initiated by any of the methods described in Section 21A.50.030 of this chapter shall be processed in accordance with the following procedures:
   A.   Petition Required: A petition shall be made to the zoning administrator on a form or forms provided by the zoning administrator, which shall include at least the following information:
      1.   Contact information, including address, phone, and email of the property owners or the property owner's authorized representative;
      2.   Legal description, address, and property tax identification number of the properties that are the subject of the proposed petition;
      3.   Property owner signature or signed acknowledgment authorizing a designee to submit the petition;
      4.   A description of the proposed modification to the zoning map and justification for the proposal. Any proposed amendment to the text of this code shall include the exact text and citation of the proposed location within the zoning ordinance. Text that is proposed to be added shall be underlined and text that is proposed to be deleted shall be shown with a strikethrough line.
      5.   Maps that show the current use of the subject property and adjacent properties.
      6.   For residential properties, the following information must be provided:
         a.   The current or prior number of dwellings;
         b.   Square footage and number of bedrooms for each dwelling unit;
         c.   The current cost of rent and the cost of rent for the previous 36 months;
         d.   The total number of people residing on the property.
      7.   For nonresidential properties, the following information must be provided:
         a.   Details on the nature of the existing and prior use;
         b.   Square footage of the leasable area;
         c.   Detailed list of current or prior occupants;
         d.   The current cost to lease and the cost to lease for the previous 36 months.
      8.   A written general description of any future development that is planned for the property including the anticipated use, density, scale of development, timing of development, the anticipated impact to existing land uses and occupants of the land subject to the proposal, and any additional land use petitions that may be anticipated to develop the site. Visual renderings and basic site plans may be provided by the applicant.
      9.   A written description regarding any proposed community benefits, as identified in Section 21A.50.050.C. The description shall adequately describe the necessary details to demonstrate that the proposed community benefit is roughly proportionate to the potential increase in development right if the proposed amendment were to be adopted.
   B.   Fees: The application shall be accompanied by the applicable fees shown on the Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of all fees established for providing the public notice required by Chapter 21A.10 of this title. Application and noticing fees filed by the city council, planning commission or the mayor shall not be required.
   C.   Determination of Completeness: After the petition is submitted and fees are paid, the planning director shall review the materials submitted with the petition to determine if all materials have been submitted. If a required item is missing or deficient, the petitioner shall be notified of the deficiency and be given 30 days to submit the missing information or correct the deficient material. If not submitted within 30 days, the petition may be considered withdrawn and closed. A refund of any required fees will be provided minus the cost to review the petition for completeness.
   D.   Public notice and process shall follow the requirements of Chapter 21A.10 and as required in Utah Code Chapter 10-9a.
   E.   Staff Report: A staff report evaluating the amendment application shall be prepared by the planning director and shall contain at least the following information:
      1.   An analysis of any factors to be considered found in this title.
      2.   A discussion regarding input received from the public.
      3.   Input from other city departments or entities who have provided comments related to the proposal.
   F.   Planning Commission Public Hearing: The planning commission shall schedule and hold a public hearing on the completed application in accordance with the standards and procedures for conduct of the public hearing set forth in Chapter 21A.10, "General Application and Public Hearing Procedures", of this title. The following provisions apply for petitions to amend the zoning map that are requesting to apply the Homeless Resource Center Overlay District:
      1.   The planning commission may hold a public hearing during the required 45-day public notification period required in Section 2.60.050 of the Salt Lake City Code for zoning map amendments to apply the Homeless Resource Center Overlay District. No recommendation shall be made by the planning commission during the 45-day notification period.
      2.   During the 45-day public notification period, the petitioner shall arrange an opportunity for people who are experiencing homelessness to provide input on the proposed location of the Homeless Resource Center Overlay District.
      3.   Notice of the public hearing shall be sent via first class mail to property owners and tenants within 450 feet of the proposed boundaries of the petition to map the Homeless Resource Center Overlay District.
      4.   The petition shall be scheduled for a recommendation from the planning commission at the first regularly scheduled commission meeting following the end of the 45-day notification period.
   G.   Planning Commission Decision: Following the public hearing, the planning commission shall recommend approval or denial of the proposed amendment or the approval of some modification of the amendment and shall then submit its recommendation to the city council.
   H.   City Council Hearing: The city council shall schedule and hold a public hearing to consider the proposed amendment in accordance with the standards and procedures for conduct of the public hearing set forth in Chapter 21A.10, "General Application and Public Hearing Procedures", of this title within 90 days of receipt of the administration's transmittal.
   I.   City Council Decision: Following the hearing, the city council within a reasonable time frame may adopt the proposed amendment, adopt the proposed amendment with modifications, or deny the proposed amendment. However, no additional land may be zoned to a different classification than was contained in the public notice.
      1.   Decision regarding a new land use: A zoning amendment proposing to allow an unlisted use shall be decided within 12 months from filing of a complete application. In the case of denial, the decision shall include a written description of the reasons for denial. (Ord. 3-26, 2026: Ord. 11-24, 2024: Ord. 67-23, 2023: Ord. 19-23, 2023: Ord. 56-14, 2014)

21A.50.050: STANDARDS FOR GENERAL AMENDMENTS:

A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the city council and is not controlled by any one standard.
   A.   In making its decision concerning a proposed text amendment, the city council should consider the following factors:
      1.   Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents;
      2.   Whether a proposed text amendment furthers the applicable purpose statements of the zoning ordinance;
      3.   Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards;
      4.   The extent to which a proposed text amendment implements best current, professional practices of urban planning and design.
      5.   The impact that the proposed text amendment may have on city resources necessary to carry out the provisions and processes required by this title.
      6.   The impact that the proposed text amendment may have on other properties that would be subject to the proposal and properties adjacent to subject properties.
      7.   The community benefits that would result from the proposed text amendment, as identified in 21A.50.050.C.
   B.   In making a decision to amend the zoning map, the city council should consider the following:
      1.   Whether a proposed map amendment is consistent with and helps implement the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents;
      2.   Whether a proposed map amendment furthers the applicable purpose statements of the zoning ordinance;
      3.   The extent to which a proposed map amendment will affect adjacent and nearby properties due to the change in development potential and allowed uses that do not currently apply to the property;
      4.   Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and
      5.   The potential impacts on the city to provide safe drinking water, storm water, and sewer to the property and other properties based on the additional development potential of future development including any impact that may result in exceeding existing or planned capacities that may be located further away from the subject property.
      6.   The status of existing transportation facilities, any planned changes to the transportation facilities, and the impact that the proposed amendment may have on the city's ability, need, and timing of future transportation improvements.
      7.   The proximity of necessary amenities such as parks, open space, schools, fresh food, entertainment, cultural facilities, and the ability of current and future residents to access these amenities without having to rely on a personal vehicle.
      8.   The potential impacts to public safety resources created by the increase in development potential that may result from the proposed amendment.
      9.   The potential for displacement of people who reside in any housing that is within the boundary of the proposed amendment and the plan offered by the petitioner to mitigate displacement.
      10.   The potential for displacement of any business that is located within the boundary of the proposed amendment and the plan offered by the petitioner to mitigate displacement.
      11.   The community benefits that would result from the proposed map amendment, as identified in Section 21A.50.050.C.
   C.   Community Benefit. Each petition for a zoning amendment that is initiated by a private property owner shall identify a community benefit(s) provided by the proposal that would not otherwise be provided without the amendment as provided for in this section.
      1.   The proposed community benefit(s) shall be within any of the following categories:
         a.   Providing housing that aligns with the current or future needs of the community as determined by the general plan. Needs could include the level of affordability in excess of the number of dwellings that exist on the site, size in terms of number of bedrooms, or availability of housing for purchase;
         b.   Providing commercial space for local businesses or charitable organizations;
         c.   Providing a dedication of public open space;
         d.   Providing a dedication or other legal form of protection from future development of land that is adjacent to a river, creek, wetland, floodplain, wildlife habitat, or natural lands;
         e.   Preserving historic structures not otherwise protected;
         f.   Expanding public infrastructure that expands capacity for future development.
      2.   The proposed community benefit may be evaluated based on the following, if applicable:
         a.   For proposals that are intended to increase the housing supply, the level of affordability of the additional density that may be allowed if the proposal were to be adopted;
         b.   The percentage of space allocated to commercial use compared to the total ground floor area that could be developed on the site;
         c.   The size of the public open space compared to the total developable area of the lot, exclusive of setbacks, required landscaped yards, and any open space requirement of the proposed zoning district;
         d.   The relative size and environmental value of any land that is to be dedicated;
         e.   The historic significance of the structures proposed to be preserved;
         f.   The amount of development that could be accommodated due to the increase in public infrastructure capacity compared to the general need for the area;
         g.   The input received related to the community benefit during the 45-day engagement period;
         h.   Policies in the general plan that support the proposed community benefit.
      3.   The community benefit shall be subject to public input as part of the required 45-day public input period.
      4.   The planning commission may make a recommendation to the city council regarding accepting the proposed public benefit.
      5.   The city council has final authority regarding requiring a public benefit. The city council may accept the proposed public benefit, modify the benefit, require a different public benefit, or waive the public benefit based on the merits of the proposal.
      6.   Any future development where a public benefit is required shall be subject to a development agreement to ensure that the agreed upon public benefit is provided prior to a certificate of occupancy being issued for any building within the future development.
      7.   A violation of the development agreement that includes not providing the agreed to public benefit shall require the property owner to pay a fine that is equal to the fair market value of the public benefit in the development agreement plus the fines identified in Section 21A.20.040.
   D.   Displaced Tenants Resulting from Demolition of Housing: If a proposed amendment submitted by a property owner includes the likely demolition of any dwelling, the city council may require the petitioner to provide relocation assistance for the current tenant(s), or a replacement dwelling as required by this section for each demolished dwelling within a future development.
      1.   This subsection may be applied by the city council when a proposal for a property owner initiated zoning map amendment is likely to result in an existing housing unit being demolished due to the increase in development rights that may result from the proposed amendment.
      2.   For the purpose of this section, any term that is used in the singular shall be interpreted to include the plural of the term.
      3.   A petitioner may not terminate a lease or evict a tenant for the purpose of evading the obligation to provide tenant relocation assistance and other requirements set forth in this section.
      4.   Tenant Relocation Assistance: When a petition is likely to result in the demolition of a dwelling unit, the property owner may be required to provide the tenant with relocation assistance to supplement the costs of leasing a comparable replacement dwelling. The rental relocation assistance includes the following:
         a.   Moving expenses based on a reasonable estimate provided by the tenant, up to a maximum of $1,500.
         b.   Application fees for the replacement housing.
         c.   The deposit that the displaced tenant would have to pay to secure replacement housing.
         d.   Monthly Rental Assistance Payment. The rental assistance payment is based on the difference, if any, between the cost of the monthly rent of the demolished housing and a comparable unit. The rental payment total amount paid shall not be more than $7,200.
         e.   If the property owner relocates the displaced tenant into an existing unit that is owned by the applicant within Salt Lake City at the same rental rate the displaced tenant was paying and without an additional applicant fee or deposit, then paragraphs b, c, and d do not apply.
         f.   Any and all payments should be received by the tenant 24 hours in advance of leaving the unit to be demolished.
         g.   Tenant Relocation Assistance Exemptions: If the project is receiving identified federal funds and subject to the Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 1970, as amended, 42. U.S.C 4601-4655. The relocation assistance rules for the developer/tenant under that act will govern and the Tenant Relocation Assistance outlined in this section will not apply. The developer shall inform the city if they are subject to URA and details of assistance to be provided. Tenants who receive tenant relocation assistance from this section are not eligible to receive relocation benefits from the city.
   E.   Demolished Unit Replacement. The future development may be required to replace the demolished housing unit within the new development. The replacement housing unit shall have the same number of bedrooms. In addition, the applicant shall propose one of the options listed in this section. The city council has the authority to waive or modify this requirement.
      1.   The replacement unit shall be rented at the same amount as the demolished unit with no more than a 3% annual increase on the rental rate for a period of 20 years.
      2.   The applicant may propose a payment to the city in lieu of the rental restriction on the new unit to go toward the city's housing fund to offset the loss of affordable housing. The payment shall be equal to the monthly rent of the unit prior to demolition multiplied by the number of months between the time the unit is vacated prior to demolition until a certificate of occupancy for the replacement dwelling is issued.
   F.   If a housing unit is demolished or neglected to the point of being uninhabitable at any time during the five years prior to a petition for a zoning amendment being submitted or is placed on the city's boarded building inventory, the city council may require this section to apply to tenants that were displaced by the demolition or require the tenant relocation amount to be paid to the city for the purpose of other tenant relocation assistance. (Ord. 11-24, 2024: Ord. 56-14, 2014)

21A.50.055: CONSIDERATION OF AMENDMENTS APPLYING THE HOMELESS RESOURCE CENTER OVERLAY ZONING DISTRICT:

   A.   Applicability. Any proposal to consider a petition that involves a zoning map amendment to apply the Homeless Resource Center Overlay District shall be subject to the additional requirements of this section in addition to any other requirement of this title.
   B.   Additional Submittal Requirements. In addition to the application requirements of this chapter, the following information shall be provided by the person submitting a zoning amendment petition that includes applying the Homeless Resource Center Overlay District.
      1.   Development plans meeting the requirements of Chapter 21A.58 and the following additional detail:
         a.   The plans shall include all labels for the function of each room or space, both indoor and outdoor, proposed for the facility.
         b.   All information that demonstrates compliance with the requirements in Section 21A.36.350.
      2.   The maximum total human occupancy the proposed facility is intended to serve.
      3.   A detailed list of all the anticipated supportive services to be offered on the property, including a description of each service, where the service will be on the property and the square footage of the area designated for each service.
      4.   Any anticipated funding requests made to the city to operate the facility.
   C.   Information Provided by the City. After a complete application has been submitted to apply this overlay to property within the boundaries of the city, applicable city departments shall provide the planning division with the following information within 30 days:
      1.   Information regarding the impact to the police department which may include any data that demonstrates the services to existing homeless resources centers located in the city, the estimated cost of providing service by the police department to existing homeless resource centers and the impact that a new homeless resource center has on the ability of the police department to provide services to other parts of the city.
      2.   Information regarding the impact to the fire department which may include any data that demonstrates the services to existing homeless resources centers located in the city and the estimated cost of providing service by the fire department to existing homeless resource centers and the impact that a new homeless resource center has on the ability of the fire department to provide services to other parts of the city.
      3.   Information regarding the number of civil enforcement cases associated with existing homeless resource centers, including the types of complaints, and the estimated impact to civil enforcement workloads and ability to provide services to other parts of the city.
      4.   Information regarding accessibility of the site and its impact on public services.
      5.   The city provides an updated website to provide any and all city departments to contact for various complaints such as graffiti, encampment clean up, enforcement issues, and any other identified city service that may address impacts on the neighborhood from homeless resource centers.
      6.   Data provided by the State Homeless Management Information System and the SL Valley Coalition to end homelessness regarding similar uses in Salt Lake County, including the total number of facilities, the total number of people who use the facilities, the number of individuals served with overnight tenancy in each facility, the average percentage of occupancy of the facilities, and the number of nights per year that the other facilities are at capacity to the extent that the information is available.
      7.   Data regarding the total number of beds available to people experiencing homelessness and the estimated number of people currently experiencing homelessness to the extent that the information is available.
   D.   Additional Factors to Consider: In making a decision regarding a petition to map the Homeless Resource Center Overlay District, the planning commission and city council shall consider the following factors, in addition to those factors identified elsewhere in Chapter 21A.50:
      1.   The anticipated benefits to people experiencing homelessness provided by the facility in the proposed location.
      2.   The proximity of support services that benefit people who may use the facility and the ability of people to access services from the proposed location. If services are not within walking distance of the proposed facility, consideration of a transportation plan connecting support services to the facility.
      3.   The ratio of homeless related services provided in Salt Lake City compared to other jurisdictions in Salt Lake County.
      4.   The anticipated impact to city services, including fire, police, and any other city department that would be involved in providing services to the facility and the impact, if any, to the city providing services in other parts of the city.
      5.   The proximity is at least a mile from other homeless resource centers.
      6.   The effectiveness of the security and operations plan provided by the petitioner to address impacts created by the homeless resource center.
      7.   Equity between different neighborhoods in providing homeless resource centers and other locations of impactful land uses. High impact land uses are those land uses that produce higher levels of pollution than the permitted uses in the underlying zone, land uses that attract crime or produce public nuisances, and land uses that are located by a government entity or authorized by a government entity and that are not subject to the land use regulations of the city.
      8.   Demonstrated compliance with the requirements of Section 21A.36.350. (Ord. 11-24, 2024: Ord. 19-23, 2023)

21A.50.060: LIMITATION ON AMENDMENTS:

   A.   No petition for an amendment to this title shall be considered by the city council or the planning commission within one year of the withdrawal by the applicant or final decision of the city council upon a prior application covering substantially the same subject or substantially the same property except as provided in this section. This determination shall be made by the zoning administrator upon receipt of an application pursuant to Section 21A.50.030. This provision shall not restrict the mayor, the city council or the planning commission from proposing any text amendment or change in the boundaries of any of the districts in this title at any time.
   B.   If the petitioner chooses to modify a petition after the planning commission has made a recommendation, the petitioner may withdraw the application and submit a new application, including the required fee, and start a new process as required by this chapter.
   C.   A modification to a petition that increases the density or development potential in relationship to the original proposal prior to the planning commission recommendation shall start the public engagement process over.
   D.   A petition that is denied by the city council may not be resubmitted for a period of one year from the date of the decision to deny the petition unless the petition proposes a more restrictive zoning district.
   E.   A petition for a text amendment that is denied by the city council shall not be resubmitted for a period of three years from the date of denial if the petition is substantially the same as the petition that was denied.
   F.   A petition that is withdrawn for reasons other than those listed in this section and before the first public hearing is held shall be closed with no action. Once a petition is closed after it is withdrawn, it cannot be reopened, and a new application will be required. (Ord. 11-24, 2024: Ord. 67-23, 2023: Ord. 9-18, 2018: Ord. 67-16, 2016)

21A.50.065: DEVELOPMENT AGREEMENTS:

   A.   The city council may consider applying requirements through an appropriate legal agreement with a petition for a zoning amendment when the city council determines that such an agreement is necessary to increase the benefit of the proposed zoning amendment and/or to address potential impacts to city services, surrounding land uses, public safety, and the health of current and future residents, business owners, and visitors to the city. The agreement may modify any applicable requirement of this title provided the modification was proposed to and considered by the planning commission as required for any zoning amendment. Agreements that constrain the development potential or land uses of the subject property compared to what is authorized in the proposed zoning district are not required to be reviewed by the planning commission prior to consideration of the agreement.
   B.   The petitioner shall enter into a development agreement with the city if the city council requires any or all of the following: community benefit(s), tenant relocation assistance. The development agreement shall include the following information.
      1.   The details of the public benefit, relocation assistance, timeline for replacement of demolished units, fee payment requirements or installments, or any other requirement of the city council in sufficient detail to ensure that the requirements of the development agreement can be administered and enforced for the life of the agreement.
      2.   Direction regarding how the development agreement will be enforced, including necessary notice of any violation, a timeframe for curing the violation, penalties for any violation that may be assessed if the violation is not cured, and any other necessary provisions to ensure that the agreement is followed.
   C.   The timeframe that the development agreement shall be effective and a provision that automatically terminates the development agreement after the timeframe expires.
   D.   The development agreement shall be recorded on the title of the property with the Salt Lake County Recorder as well as on the title of any other property that is part of the property community benefit, tenant relocation assistance, or other requirement imposed by the city council. (Ord. 11-24, 2024: Ord. 19-23, 2023)

21A.50.070: APPEAL OF DECISION:

Any party adversely affected by the decision of the City Council may, within thirty (30) days after such decision, file an appeal to the District Court pursuant to the Municipal Land Use Development and Management Act, section 10-9a-801, of the Utah Code Annotated., except that:
   A.   For decisions regarding an unlisted land use, the applicant of the amendment request may appeal to the appeals hearing officer in accordance with the provisions of chapter 21A.16 of this title. (Ord. 3-26, 2026: Ord. 11-24, 2024: Ord. 56-14, 2014)

21A.51.010: PURPOSE STATEMENT:

The purpose of this chapter is to provide standards and procedures for making amendments to the zoning map related to the H Historic Preservation Overlay District. The H Historic Preservation Overlay District applies to all properties within the boundaries of a local historic district, part of a thematic designation, or a landmark site. (Ord. 67-23, 2023)

21A.51.020: AUTHORITY:

   A.   Authority: Pursuant to the procedures and standards in this chapter and the standards for general amendments in Section 21A.50.050, the city council may amend the zoning map and apply the H Historic Preservation Overlay District by the passage of an ordinance and:
      1.   Designate a landmark site;
      2.   Designate as a local historic district;
      3.   Designate as a thematic designation;
      4.   Amend designations to add or remove features or property to or from a landmark site, local historic district or thematic designation;
      5.   Revoke designation of a landmark site;
      6.   Adopt comprehensive historic resource surveys and associated reports for new landmark sites, local historic districts or thematic designations; and
   7.   Adopt updates to historic resource surveys and associated reports for existing local historic districts or thematic designations in accordance with the provisions in Section 21A.51.080. (Ord. 67-23, 2023)

21A.51.030: LOCAL HISTORIC DESIGNATION PROCESS:

Salt Lake City will consider the local designation of a landmark site, local historic district or thematic designation in order to protect the best examples of historic resources which represent significant elements of the city's prehistory, history, development patterns or architecture. Local designation must be in the best interest of the city and achieve a reasonable balance between private property rights and the public interest in preserving the city's cultural, historic, and architectural heritage.
   A.   Process for Designation of a Local Historic District or Thematic Designation:
      1.   Procedures Required Before an Application Can be Submitted: Prior to the submittal of an application for the designation or amendment local historic district or thematic designation, and prior to gathering any signatures for an application, the following steps must be completed:
         a.   Pre-application Conference: A potential applicant shall attend a pre-application conference with the planning director or designee. The purpose of this meeting is to discuss the merits of the proposed designation and the amendment processes as outlined in this section.
         b.   Notification to Affected Property Owners: Following the preapplication conference outlined in Subsection A.1.a of this section, the city shall send by first class mail a neutral informational pamphlet to owners of record for each property potentially affected by a forthcoming application. The informational pamphlet shall be mailed after a potential applicant submits to the city a finalized proposed boundary of an area to be included in the H Historic Preservation Overlay District. The informational pamphlet shall contain, at a minimum, a description of the process to create a local historic district or thematic designation and will also list the pros and cons of a local historic district or thematic designation. Once the city sends the informational pamphlet, gathering of property owner signatures may begin per Subsection A.2 of this section. The informational pamphlet sent shall remain valid for ninety (90) days. If an application is not filed with the city within ninety (90) days after the date that the informational pamphlet was mailed, the city shall close its file on the matter. Any subsequent proposal must begin the application process again.
      2.   Application:
         a.   Parties Entitled to Submit Application: The mayor or the city council, by a majority vote, may initiate a petition to consider designation of a local historic district or thematic designation. A property owner submitting such application shall demonstrate, in writing, support of more than thirty three percent (33%) of the property owners of lots or parcels within the proposed boundaries of an area to be included in the H Historic Preservation Overlay District.
         (1)   For purposes of this subsection, a lot or parcel of real property may not be included in the calculation of the required percentage unless the application is signed by property owners representing at least fifty percent (50%) of the interest in that lot or parcel.
         (2)   Each lot or parcel of real property may only be counted once toward the thirty three percent (33%), regardless of the number of owner signatures obtained for that lot or parcel.
         (3)   Signatures obtained to demonstrate support of more than thirty three percent (33%) of the property owners within the boundary of the proposed local historic district or thematic designation must be gathered within a period of ninety (90) days as counted between the date that the informational pamphlet was mailed as required per Subsection 21A.51.030.A.1.b and the date of the last required signature.
         b.   Submittal Requirements: An application shall be made to the zoning administrator on a form or forms provided by the office of the zoning administrator, which shall include at least the following information unless deemed unnecessary by the zoning administrator:
         (1)   Information demonstrating the procedures in Subsections 21A.51.030.A.1.a and 21A.51.030.A.1.b have been followed;
         (2)   Information demonstrating the requirements in Subsection 21A.51.030.A.2.a have been met;
         (3)   Street addresses and parcel numbers of all properties included in the proposed local designation;
         (4)   Photos of all properties included in the proposed designation;
         (5)   Narrative demonstrating compliance with the standards and considerations in Section 21A.51.040; and
         (6)   Any other information the zoning administrator deems necessary for consideration of a particular application.
         c.   Fees: Application and noticing fees for designation of a local historic district or thematic designation shall not be required.
      3.   Notice of Designation Application Letter: Following the receipt by the city of an application for the designation of a local historic district or thematic designation, the city shall send a notice of designation application letter to owner(s) of record for each property affected by said application along with a second copy of the informational pamphlet described in Subsection 21A.51.030.A.1.b. In the event that no application is received following the ninety (90) day period of property owner signature gathering, the city will send a letter to property owner(s) of record stating that no application has been filed, and that the city has closed its file on the matter.
      4.   Planning Director Report to the City Council: Following the receipt by the city of an application for the designation to a local historic district or thematic designation and following mailing of the notice of designation application letter described in Subsection 21A.51.030.A.3, the planning director shall submit a report based on the following considerations to the city council:
         a.   Whether a current historic survey meeting the standards prescribed by the State Historic Preservation Office is available for the landmark site or the area proposed for a local historic district or thematic designation. If a suitable survey is not available, the report shall propose a strategy to gather the needed survey data.
         b.   The city administration will determine the priority of the petition and determine whether there is sufficient funding and staff resources available to allow the planning division to complete a community outreach process, historic resource analysis and to provide ongoing administration of the new local historic district or thematic designation if the designation is approved by the city council. If sufficient funding is not available, the report shall include a proposed budget.
         c.   Whether the proposed designation is generally consistent with the purposes, goals, objectives and policies of the city as stated through its various adopted planning documents.
         d.   Whether the proposed designation would generally be in the public interest.
         e.   Whether there is probable cause to believe that the proposed landmark site, local historic district or thematic designation may be eligible for designation consistent with the purposes and designation criteria in Section 21A.51.040 and the zoning map amendment criteria in Section 21A.50.050, "Standards for General Amendments", of this title.
         f.   Verification that a neutral informational pamphlet was sent per Subsection 21A.51.030.A.3 of this section to all property owners within a proposed local historic district following the preapplication process outlined in Subsections 21A.51.030.A.1.a and 21A.51.030.A.1.b.
      5.   Notification to Recognized Community Organizations: Notification to recognized community organizations shall be provided as set forth in Section 2.60.050 of this code.
      6.   Property Owner Meeting: Following the submission of the planning director's report and acceptance of the report by the city council, the planning division will conduct a community outreach process to inform the owners of property within the proposed boundaries of the proposed local historic district or thematic designation about the following:
         a.   The designation process, including determining the level of property owner support, the public hearing process, and final decision-making process by the city council; and
         b.   Zoning ordinance requirements affecting properties located within the H Historic Preservation Overlay District, adopted design guidelines, the design review process for alterations and new construction, the demolition process and the economic hardship process.
      7.   Open House: The planning division will conduct an open house pursuant to Section 2.60.050.
      8.   Public Hearings: A public hearing shall be held with both the historic landmark commission and the planning commission in accordance with the standards and procedures set forth in Chapter 21A.10, "General Application and Public Hearing Procedures", of this title. The historic landmark commission and planning commission shall recommend approval or denial of the proposal or the approval of some modification of the proposal.
      9.   Property Owner Opinion Balloting:
         a.   Following the completion of the historic landmark commission and planning commission public hearings, the city will deliver property owner opinion ballots via first class mail to property owners of record within the boundary of the proposed local historic district or thematic designation. The property owner opinion ballot is a nonbinding opinion poll to inform the city council of property owner interest regarding the designation of a local historic district. Each individual property in the proposed designation boundary, regardless of the number of owners having interest in any given property, will receive one property owner opinion ballot.
         (1)   A property owner is eligible to vote regardless of whether or not the property owner is an individual, a private entity, or a public entity;
         (2)   The city shall count no more than one property owner opinion ballot for:
            (a)   Each parcel within the boundaries of the proposed local historic district or area; or
            (b)   If the parcel contains a condominium project, each unit within the boundaries of the proposed local historic district or area; and
            (c)    If a parcel or unit has more than one owner of record, the city shall count a property owner opinion ballot for the parcel or unit only if the property owner opinion ballot reflects the vote of the property owners who own at least fifty percent (50%) interest in the parcel or unit.
         b.   Property owners of record will have thirty (30) days from the postmark date of the property owner opinion ballot to submit a response to the city indicating the property owner's support or nonsupport of the proposed designation.
         c.   A letter shall be mailed to all property owners within the proposed local historic district or thematic designation whose property owner opinion ballot has not been received by the city within fifteen (15) days from the original postmark date. This follow up letter will encourage the property owners to submit a property owner opinion ballot prior to the thirty (30) day deadline date set by the mailing of the first property owner opinion ballot.
      10.   Notification of Property Owner Opinion Balloting Results: Following the public opinion balloting for the proposed designation, the city will send notice of the results to all property owners within the proposed local historic district or thematic designation.
      11.   City Council Consideration: Following the transmittal of the recommendations of the historic landmark commission and the planning commission and the results of the property owner opinion ballot process, the city council shall hold a public hearing to consider the designation of a local historic district or thematic designation in accordance with the standards and procedures set forth in Chapter 21A.10, "General Application and Public Hearing Procedures", of this title and the following:
         a.   If the property owner opinion ballots returned equals at least two-thirds (2/3) of the total number of returned property owner support ballots and represents more than fifty percent (50%) of the parcels and units (in the case of a condominium) within the proposed local historic district, area, or thematic designation, the city council may designate a local historic district or a thematic district by a simple majority vote.
         b.   If the number of property owner opinion ballots received does not meet the threshold identified in Subsection 21A.51.030.A.11.a the city council may only designate a local historic district, area, or a thematic district by an affirmative vote of two-thirds (2/3) of the members of the city council.
         c.   If the number of property owner opinion ballots received in support and in opposition is equal, the city council may only designate a local historic district or a thematic district by a super majority vote.
   B.   Process for Designation of a Landmark Site:
      1.   Application:
         a.   Parties Entitled to Submit Application: Any owner of property proposed for a landmark site, the mayor or the city council, by majority vote, may initiate a petition to consider the designation of a landmark site. When initiated by an owner, the application shall be approved by all property owners representing interest in the lot or parcel.
         b.   Submittal Requirements: Applications for landmark sites shall provide at least all of the information in Subsection 21A.51.030.A.2.b unless deemed unnecessary by the zoning administrator.
         c.   Fees: Application and noticing fees for designation of a landmark site shall not be required.
      2.   Notification to Community Organizations: Notification to recognized community organizations shall be provided as set forth in Section 2.60.050 of this code.
      3.   Public Hearings: A public hearing shall be held with both the historic landmark commission and the planning commission in accordance with the standards and procedures set forth in Chapter 21A.10, "General Application and Public Hearing Procedures", of this title. The historic landmark commission and planning commission shall recommend approval or denial of the proposal or the approval of some modification of the proposal and the recommendation will be submitted to the city council.
      4.   City Council Consideration: Following the transmittal of the recommendations of the historic landmark commission and the planning commission, the city council shall hold a public hearing to consider the designation of a landmark site in accordance with the standards and procedures set forth in Chapter 21A.10, "General Application and Public Hearing Procedures", of this title. The city council may, by a majority vote, designate a landmark site.
   C.   City Council Decision: Following city council designation of a landmark site, local historic district or thematic designation, all of the properties located within the boundaries of the local historic district, landmark site, or thematic designation will be subject to the H Historic Preservation Overlay District and subject to the provisions of Section 21A.34.020. The zoning regulations will go into effect on the date of the publication of the ordinance unless otherwise noted on the adopted ordinance.
      1.   Designation Adoption: Designation of a landmark site, local historic district or thematic designation includes adoption of the historic survey and associated report submitted for the designation. Historic resource surveys may be updated pursuant to the provisions in Section 21A.51.080 or Subsection 21A.34.020.D.
      2.   Notice of Designation: Within thirty (30) days following the designation of a landmark site, local historic district or thematic designation, the city shall provide notice of the action to all owners of property within the boundaries of the H Historic Preservation Overlay District. In addition, a notice shall be recorded in the office of the Salt Lake County Recorder for all lots or parcels within the area added to the H Historic Preservation Overlay District. (Ord. 3-26, 2026: Ord. 67-23, 2023)

21A.51.040: LOCAL HISTORIC DESIGNATION CRITERIA:

   A.   Standards for the Designation of a Landmark Site, Local Historic District or Thematic Designation: The proposed landmark site, local historic district, or thematic designation shall be evaluated according to the following:
      1.   Significance in local, regional, state or national history, architecture, engineering or culture, associated with at least one of the following:
         a.   Events that have made significant contribution to the important patterns of history, or
         b.   Lives of persons significant in the history of the city, region, state, or nation, or
         c.   The distinctive characteristics of a type, period of significance, or method of construction; or the work of a notable architect or master craftsman, or
         d.   Information important in the understanding of the prehistory or history of Salt Lake City; and
      2.   Historic integrity in terms of location, design, setting, materials, workmanship, feeling and association as defined in Section 21A.62.040. When analyzing historic integrity, the collective historic value of the buildings and structures in a local historic district taken together may be greater than the historic value of each individual building or structure in a district.
      3.   The proposed landmark site, local historic district or thematic designation is listed, or is eligible to be listed on the National Register of Historic Places;
      4.   The proposed designation contains notable examples of elements of the city's history, development patterns or architecture not typically found in other local historic districts within Salt Lake City;
      5.   The designation is generally consistent with adopted planning policies; and
      6.   The designation would be in the overall public interest.
   B.   Factors to Consider: The following factors may be considered by the historic landmark commission and the city council to help determine whether the proposed designation of a landmark site, local historic district or thematic designation meets the criteria listed above:
      1.   Sites are of an age that allows insight into whether a property is sufficiently important in the overall history of the community as identified in one or more periods of significance in a historic survey report. Typically, this is at least fifty (50) years but could be less if the property has exceptional importance.
      2.   Whether the proposed local historic district or thematic designation contains examples of elements of the city's history, development patterns and/or architecture that may not already be protected by other local historic districts within the city.
      3.   Whether designation of the proposed local historic district or thematic designation would add important knowledge that advances the understanding of the city's history, development patterns and/or architecture.
      4.   Whether approximately seventy five percent (75%) of the structures within the proposed boundaries are rated as contributing structures by the most recent applicable historic survey and those relate to identified significance and periods of significance.
   C.   Boundaries of a Proposed Landmark Site: When applying the evaluation criteria in Subsection 21A.51.040.A, the boundaries of a landmark site shall be drawn to ensure that historical associations, that best enhance the integrity of the site comprise the boundaries.
   D.   Boundaries of a Proposed Local Historic District: When applying the evaluation criteria in Subsection 21A.51.040.A, the boundaries shall be drawn to ensure the local historic district:
      1.   Contains a significant density of documented sites, buildings, structures or features rated as contributing structures in a recent historic survey;
      2.   Coincides with documented historic boundaries such as early roadways, canals, subdivision plats or property lines;
      3.   Coincides with logical physical or manmade features and reflect recognized neighborhood boundaries; and
      4.   Contains noncontributing resources or vacant land only where necessary to create appropriate boundaries to meet the criteria in Subsections 21A.51.040.A and 21A.51.040.D.
   E.   Boundaries of a Proposed Thematic Designation: When applying the evaluation criteria of this section, the boundaries shall be drawn to ensure the thematic designation contains a collection of sites, buildings, structures, or features that are associated by historical, architectural, or aesthetic characteristics and contribute to the historic preservation goals of Salt Lake City by protecting historical, architectural, or aesthetic interest or value. (Ord. 67-23, 2023)

21A.51.050: EXISTING LOCAL HISTORIC AMENDMENT PROCESS:

   A.   Applicability: Existing Local Historic Amendments applies to the following:
      1.   Expanding the boundaries of an existing landmark site, local historic district, or adding additional properties to an existing thematic designation;
      2.   Reducing the boundaries of an existing landmark site, local historic district, or removing properties from an existing thematic designation; and
      3.   Revocation of the designation of a landmark site.
   B.   Process for Amendments to Existing Local Historic Districts and Thematic Designations:
      1.   Boundary Expansion: The process for expanding the boundaries of an existing local historic district or adding properties to a thematic designation shall be the same as outlined in Subsection 21A.51.030.A except that the following shall only apply to the properties being added into the proposed expanded boundary and do not apply to those properties already designated in a local historic district or thematic designation and already subject to the H Historic Preservation Overlay District:
         a.   The notification to affected property owners described in Subsection 21A.51.030.A.1.b;
         b.   The application submittal requirements for demonstrating support of 33% of the property owners described in Subsection 21A.51.030.A.2;
         c.   The property owner meeting described in Subsection 21A.51.030.A.6;
         d.   The opinion ballot described in Subsection 21A.51.030.A.9;
         e.   Notification of property owner opinion balloting results in Subsection 21A.51.030.A.10; and
         f.   City council consideration opinion ballot thresholds described in Subsection 21A.51.030.A.11.
      2.   Boundary Reduction: The process for reducing the boundaries of an existing local historic district or removing properties from a thematic designation shall be the same as outlined in Subsection 21A.51.030.A except that:
         a.   The requirements described in Subsection 21A.51.050.B.1.a through f, shall only apply to those properties proposed to be removed from the local historic district or thematic designation and do not apply to those properties already designated in a local historic district or thematic designation and already subject to the H Historic Preservation Overlay District.
         b.   Fees: The application shall be accompanied by the applicable fees shown on the Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of all fees established for providing the public notice required by Chapter 21A.10 of this title. Applications filed by the city council, planning commission or the mayor shall not be required.
   C.   Amendments to Existing Landmark Sites:
      1.   Boundary Expansion or Reduction or Revocation: The process for expanding or reducing the boundaries of an existing landmark site or the revocation of the designation of a landmark site shall follow the steps outlined in Subsection 21A.51.030.B in addition to:
         a.   Fees: Applications for reducing the boundaries of a landmark site or for the revocation of the designation of a landmark site shall be accompanied by the applicable fees shown on the Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of all fees established for providing the public notice required by Chapter 21A.10 of this title. Applications filed by the city council, planning commission or the mayor shall not be required. (Ord. 67-23, 2023)

21A.51.060: EXISTING LOCAL HISTORIC AMENDMENT CRITERIA:

   A.   Expansion: A proposed expansion of the boundaries of an existing landmark site, local historic district, or the addition of properties to a thematic designation shall be considered utilizing the provisions of Subsections 21A.51.040.A through E and provided that new information indicates that the inclusion of additional properties would better convey the historical and architectural integrity of the landmark site, local historic district or thematic designation.
   B.   Reduction: A proposed reduction of the boundaries of an existing landmark site, local historic district or the removal of properties from a thematic designation shall demonstrate the properties have no longer met the criteria in Subsection 21A.51.040.A for inclusion within the landmark site, local historic district or thematic designation. The qualities that caused them to be originally included have been lost or destroyed, or such qualities were lost subsequent to the historic landmark commission recommendation and adoption of the designation.
   C.   Revocation of the Designation of a Landmark Site: A proposal for revocation of a landmark site shall demonstrate the property no longer meets the criteria in Subsection 21A.51.040.A for which it was originally designated. (Ord. 67-23, 2023)

21A.51.070: LIMITATIONS:

   A.   If a local historic district or thematic designation proposal fails in accordance with the voting procedures set forth in Subsection 21A.51.030.A.9, a resident may not initiate the creation of a local historic district or thematic designation that includes more than fifty percent (50%) of the same property as the failed local historic district or thematic designation proposal for four (4) years after the day on which the property owner opinion ballots for the vote were due.
      1.    This determination shall be made by the zoning administrator upon receipt of an application pursuant to Section 21A.51.030 of this chapter. This provision shall not restrict the mayor or the city council from initiating a petition at any time for a new local historic district or thematic designation, or to amend the boundaries of a local historic district or the removal or addition of properties in a thematic designation. (Ord. 67-23, 2023)

21A.51.080: HISTORIC RESOURCE SURVEYS:

   A.   Existing Historic Resource Surveys: Any historic resource survey that was conducted for the city prior to the amendment of this chapter shall be utilized by the planning director and the historic landmark commission in applying provisions of Section 21A.34.020 the H Historic Preservation Overlay District. Any subsequent adoption of a historic resource survey will be done by ordinance in accordance with the provisions in this chapter and will supersede previous surveys.
   B.   Updates to Historic Resource Surveys:
      1.   Applicability: The city aims to update historic resource surveys on a periodic basis as recommended by the National Park Service. Updates to surveys are for land use purposes to determine periods of significance, to determine historic status of individual properties, to update the national register, and to keep archival records on historic properties. Updates to a historic resource survey for existing local historic district is subject to the following:
         a.   The standards of the H Historic Preservation Overlay apply to those properties within an adopted local historic district. Any other properties evaluated in a historic resource survey outside the boundary of a designated local district or thematic designation will not be subject to the land use regulations associated with historic status designations in the H Historic Preservation Overlay District.
         b.   An updated historic resource survey maintains the boundaries of a local historic or the properties within a thematic designation but may update the historic status of properties within the adopted H Historic Preservation Overlay District.
         c.   Historic Status Determinations: Instances where the historic status of an individual property within a local historic district is in question, the zoning administrator will use the provisions of Subsection 21A.34.020.D to make a timely determination.
         d.   Any properties changing status from the most recent historic resource survey shall be specifically identified in the updated survey and their period of significance and historic status listed.
      2.   Process for Updating Historic Resource Surveys:
         a.   Public Hearings: A public hearing shall be held with both the historic landmark commission and the planning commission in accordance with the standards and procedures set forth in Chapter 21A.10, "General Application and Public Hearing Procedures", of this title. The historic landmark commission and planning commission shall recommend approval or denial of the updated historic resource survey or the approval of some modification of the updated historic resource survey and the recommendation will be submitted to the city council.
         b.   City Council: Following the transmittal of the historic landmark commission's recommendation, the city council shall hold a public hearing to consider adopting the updated historic survey in accordance with the procedures set forth in Chapter 21A.10, "General Application and Public Hearing Procedures", of this title. The city council may, by a majority vote, adopt the updated historic resource survey. In deciding to adopt an updated historic resource survey, the city council may consider the following in their decision making:
         (1)   Any benefit or impact that extending the period of significance would have on the local district or thematic designation and the city;
         (2)   Any new period of significance in the updated survey is identified and associated with at least one of the following:
            (a)    Events that have made significant contribution to the important patterns of history, or
            (b)    Lives of persons significant in the history of the city, region, state, or nation, or
            (c)    The distinctive characteristics of a type, period of significance or method of construction; or the work of a notable architect or master craftsman, or
            (d)   Information important in the understanding of the prehistory or history of Salt Lake City; and
         (3)   Any properties within a new period of significance will be assessed for aspects of integrity in terms of location, design, setting, materials, workmanship, feeling and association as defined by the National Park Service Aspects of integrity. When analyzing integrity, the collective historic value of the buildings and structures in a local historic district taken together may be greater than the historic value of each individual building or structure in a district. If integrity is intact, the property is denoted as contributing in the updated survey;
         (4)   Any notable examples of elements of the city's history, development patterns or architecture not typically found in other local historic districts within Salt Lake City are specifically identified for any new periods of significance in the updated survey;
         (5)   The historic survey update would be in the overall public interest.
   C.   City Council Action: If an updated historic resource survey is adopted by the city council, the updated historic resource survey including any updated historic status designations shall be used when applying provisions of the H Historic Preservation Overlay District in Section 21A.34.020. The decision to update a historic resource survey will go into effect on the date of the publication of the related ordinance unless otherwise noted on the adopted ordinance. (Ord. 67-23, 2023)

21A.51.090: APPEAL OF DECISION:

Any party adversely affected by the decision of the city council may, within thirty (30) days after such decision, file a petition for review to the District Court pursuant to the Municipal Land Use Development and Management Act, Section 10-9a-801, of the Utah Code. (Ord. 67-23, 2023)

21A.52.010: PURPOSE:

The purpose of this chapter is to establish zoning incentives to support achieving adopted goals within the city's adopted plans and policy documents. (Ord. 74-23, 2023)

21A.52.020: APPLICABILITY:

   A.   This chapter applies as indicated within each subsection.
   B.   The planned development process in Chapter 21A.55 is not required as indicated within this chapter.
   C.   The administrative planned development process in Chapter 21A.55, and the administrative design review process in Chapter 21A.59 may be applicable as indicated within this chapter. (Ord. 56-24, 2024: Ord. 74-23, 2023)

21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY ZONING DISTRICTS:

Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district standards and requirements take precedence. (Ord. 56-24, 2024: Ord. 74-23, 2023)

21A.52.040: APPROVAL PROCESS:

Unless specifically exempted or modified by this chapter, all requirements of this title shall apply.
   A.   Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a zoning incentives application and provide the following information:
      1.   The applicant's name, address, telephone number and interest in the property to which the incentives shall apply;
      2.   The owner's name, address and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application;
      3.   The street address, tax parcel number and legal description of the subject property;
      4.   The zoning classification, zoning district boundaries and present use of the subject property;
      5.   The location of all existing and proposed buildings and structures, accessory and principal, showing the number of stories and height, dwelling type, if applicable, major elevations and the total square footage of the floor area by proposed use and any additional information required for review set forth in Chapter 21A.58;
      6.   The total number of dwelling units in the project, the number of affordable units, the number of bedrooms in the affordable units, the location of the affordable units, and level of affordability;
      7.   Any additional information required by Chapter 21A.59 design review or Chapter 21A.55 planned development, as applicable; and
      8.   Any additional information the zoning administrator deems necessary to demonstrate compliance with this chapter.
   B.   Preliminary approval shall authorize the preparation, filing and processing of applications for any permits or approval that may be required by the city, including, but not limited to, a building permit. Notwithstanding the foregoing, no permits shall be issued until final approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a period of one year unless complete building plans have been submitted to the Division of Building Services. The planning director may grant a one-year extension of the preliminary approval when the applicant is able to demonstrate no change in circumstance. Extension requests must be submitted prior to the expiration of the preliminary approval.
   C.   Administrative design review and administrative planned development, where applicable, shall be exempt from the application fees and noticing fees otherwise required pursuant to Chapters 21A.59 and 21A.55.
   D.   Following the approval of any administrative design review or planned development application, any future alteration to the property, building or site shall comply with the approved application unless a modification is approved subject to the process outlined in Chapters 21A.59 and 21A.55, as applicable.
   E.   Final approval shall occur following the recording of the restrictive covenant.
   F.   Preliminary and final approvals shall be administrative approvals by the planning director or the planning director's designee. (Ord. 3-26, 2026: Ord. 58- 25, 2025: Ord. 56-24, 2024: Ord. 74-23, 2023)

21A.52.050: AFFORDABLE HOUSING INCENTIVES:

   A.   Purpose: The incentives set forth in this section are intended to encourage the development of affordable housing. The provisions within this section are intended to facilitate the construction of affordable housing by allowing more inclusive development than would otherwise be permitted in the base zoning districts. Housing constructed using the incentives is intended to be compatible in form with the neighborhood and provide for safe and comfortable places to live and play.
   B.   Applicability: The provisions in this section provide optional incentives to development projects that include affordable housing units. Unless specifically stated below, all other applicable provisions in the base zoning district or overlay districts shall apply.
   C.   Uses: Additional housing types are allowed in zones subject to compliance with this section.
   D.   Reporting and Auditing: Property owners who use the incentives of this chapter are required to provide a report that demonstrates compliance with this section and any additional approvals associated with the use of incentives. The report shall be submitted annually by April 30th and shall be reflective of the financial status at the end of the previous calendar year. The report shall be submitted to the Director of Community and Neighborhoods or successor.
      1.   Annual Report and Auditing: Each property owner shall submit a report that demonstrates compliance with this chapter.
         a.   If applicable, the property owner shall submit a copy of the annual report(s) provided to Utah Housing Corporation, Olene Walker Housing Loan Fund, Housing Authority of Salt Lake City, Housing Connect, or similar funding source as determined by the Department of Community and Neighborhoods, or its successor, confirming compliance with affordable housing conditions, including tenant income and rental rates.
         b.   If an annual report is not submitted as required in Section 21A.52.050.D.1.a above, the property owner shall provide a report that includes, but is not limited to the following:
         (1)   The property location, tax ID number, and legal description.
         (2)   Property owner name, mailing address, and email address.
         (3)   Information on the dwelling units and tenants of the property receiving the incentives that includes:
            (A)   The total number of dwelling units.
            (B)   The number of bedrooms of each dwelling unit.
            (C)   The rental rate of each dwelling unit.
            (D)   Identify the dwelling units that comply with the level of affordability identified in the approval to use the incentives and a statement that the dwelling units are in compliance with the approval requirements.
            (E)   Identify any change in occupancy to the units that are required to be affordable under this section, including a change in the number of people residing in each unit and any change in tenant. Personal data is not required to be submitted.
            (F)   Confirm that income verification for all tenants was performed on an annual basis.
            (G)   Identify any differences in rent between the agreed upon rental rate in the approval to use the incentives and the actual rent received for the identified affordable dwelling units.
            (H)   Identify any instance where an affordable dwelling unit was no longer rented at the agreed upon level of affordability, the length of time the dwelling unit was not in compliance with the agreed upon level of affordability, and any remedy that was taken to address the noncompliance.
      2.   Review of Annual Report: The Director of Community and Neighborhoods shall review the report to determine if the report is complete.
      3.   Within 30 days of receipt of a complete report, the Director of Community and Neighborhoods shall provide the property owner with written notice that:
         a.   Identifies whether the property is in compliance.
         b.   Identify any deficiency in the information provided by the owner.
         c.   Assesses any penalty that is due as a result of an identified noncompliance.
      4.   After receipt of the notice from the Director of Community and Neighborhoods that indicates noncompliance, the property owner shall:
         a.   Cure the identified noncompliance within 30 days of such notice and concurrently submit an updated report of then-current operations of the property that demonstrates compliance; or
         (1)   Property owners can request an extension in writing prior to the expiration of the 30-day cure period identified above. The request shall include an explanation of the efforts to correct the non-compliance and the reason the extension is needed. The Director of Community and Neighborhoods will review and determine if the timeframe and extension are appropriate and whether or not fines shall be stayed during any approved extension. Upon expiration of the extension granted by the Director the property owner shall submit an updated report of then-current operations of the property that demonstrates compliance.
         b.   Pay any fine or fee that is assessed pursuant to Section 21A.20.040 due to any noncompliance within 14 days of achieving compliance. Any fine or fee shall be assessed from the first identified date that the property is not in compliance.
      5.   The city may contract with another entity for review of the requirements in this section.
      6.   Violations of this Chapter shall be investigated and prosecuted pursuant to Chapter 21A.20, except as set forth below in Section 21A.52.050.E.
   E.   Enforcement: Violations of this Chapter, or the restrictive covenant on the property as set forth in Section 21A.52.050.F.1, shall be investigated and prosecuted pursuant to Chapter 21A.20. The city shall have the additional remedies for violations as set forth below.
      1.   Lien on Property. If the property owner fails to make payment of the outstanding fines, then after 90 days or when fines reach $5,000, the division will issue a statement of outstanding fines. If the property owner fails to make payment within 14 days, then the division may certify the fines set forth in the statement to the Salt Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount entered shall have the force and effect of a valid judgment of the district court, is a lien on the property, and shall be collected by the treasurer of the county in which the property is located at the time of the payment of general taxes. Upon payment of the amount set forth in the statement, the judgment is satisfied, the lien is released from the property, and receipt shall be acknowledged upon the general tax receipt issued by the treasurer.
      2.   Revocation of Business License. Upon a determination of the division that the property is in violation of this Chapter the city may suspend or revoke the business license associated with the property. Any suspension or revocation of a license shall not be imposed until a hearing is first held before the Director of Community and Neighborhoods or his/her successor. The licensee shall be given at least 14 days' notice of the time and place of the hearing, together with the nature of the charges against the licensee. The licensee may appear in person or through an officer, agent or attorney, to introduce evidence on the licensee's behalf, and to confront and cross-examine witnesses. The Director of Community and Neighborhoods shall make a decision based upon the evidence introduced at the hearing and issue a written decision. The licensee may appeal to an appeals hearing officer and thereafter to district court pursuant to Chapter 21A.16. If the license is revoked or suspended it shall thereafter be unlawful for any person to engage in or use, or permit to be used any property for any business with respect to which the license has been suspended or revoked until a license shall be granted upon appeal or due to the property's compliance with this Chapter. No person whose license has been revoked, and no person associated or connected with such person in the conduct of such business, shall be granted a license for the same purpose for a period of six months after the revocation has occurred. The Director may, for good cause, waive the prohibition against persons formerly associated or connected with an individual who has had a license revoked.
      3.   Any other remedies or financial penalties identified in the terms of the restrictive covenant required by Section 21A.52.050.F.1, which shall be reasonably related to enforcement of the terms of this Chapter, achieving the goals of this Chapter, obtaining the number of units and level of affordability agreed to by the property owner, or if such units and level of affordability cannot be obtained then to eliminate the incentive(s) obtained or recoup the value thereof.
   F.   Eligibility Standards: Developments shall meet the criteria below to be eligible for the authorized incentives:
      1.   Restrictive Covenant Required:
         a.   Any owner who uses the incentives of this chapter shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. Prior to the issuance of a building permit for construction of a building using the incentives, the restrictive covenant shall be recorded with the Salt Lake County Recorder. The agreement shall provide for the following, without limitation: acknowledge the use of the incentives, the nature of the approval and any conditions thereof, the affordability requirements, the terms of compliance with all applicable regulations, shall guarantee compliance for a term of 30 years, and the potential enforcement actions for any violation of the agreement. The agreement shall be recorded on the property with the Salt Lake County Recorder, guarantee that the affordability criteria will be met for at least 30 years, and future owners shall be subject thereto.
         b.   For an affordable homeownership unit, the restrictive covenant shall also require a notice of sale be provided to the city and the city shall have a right of first refusal to purchase any designated affordable unit in accordance with a future sales price that is capped to comply with Section 21A.52.050.F.2.b.2 below.
      2.   The affordable units shall be both income and rent/housing payment restricted.
         a.   Income Restriction - The affordable units shall be made available only to Eligible Households that are qualifying occupants with an annual income at or below the SLC Area Median Income ("AMI") as applicable for the given affordable unit for Salt Lake City Utah, U.S. Department of Housing and Urban Development ("HUD") Metro FMR Area (as periodically determined by the HUD and adjusted for household size).
         b.   Rent/Housing Payment Restriction.
         (1)   For an affordable rental unit, the monthly rent, including all required housing costs per unit, such as utilities and other charges uniformly assessed to all apartment units other than charges for optional services, shall be set forth in a written lease and shall not exceed, for the term of the lease, the maximum monthly gross rental rate published annually by the Utah Housing Corporation for affordable units located in Salt Lake City for the percentage AMI as applicable for the given affordable unit type.
         (2)   For an affordable homeownership unit, the annualized housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for the AMI as applicable for the given affordable unit, assuming a household size equal to the number of bedrooms in the unit plus one person.
      3.   Comparable units: Affordable units shall be comparable to market rate units, if any, in the development including with respect to entrance location, dispersion throughout the building or site, number of bedrooms, and access to amenities, except as otherwise approved in the terms of the restrictive covenant. This subpart does not apply to units in single- and two-family zoning districts.
      4.   The property owner shall be ineligible for affordable housing incentives pursuant to this Chapter if the property owner or its principals, partners, or agents are under enforcement for any violation of Title 11, 18, 20, or 21.
   G.   Incentives: Developments are eligible for the incentives identified in this section. Table 21A.52.050.G establishes the affordability requirements based on the zoning district of the property. Sections 1 through 4 establish the modifications allowed within each zoning district in order to be eligible for the affordability incentives. To use the incentives, developments shall comply with the criteria applicable to the base zoning districts. Any fractional number of units required shall be rounded up to the nearest whole number.
Table 21A.52.050.G
 
Incentive Types
Types
Incentive
Type A. Applicable to the single- and two-family zoning districts: FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3.
Affordable homeownership developments shall meet at least one of the following affordability criteria:
   1. 50% of the units shall be affordable to those with incomes at or below 100% AMI.
   2. If an existing building is maintained as required in Section 21A.52.050 .H.1.c, 25% of the units shall be affordable to those with incomes at or below 100% AMI.
Affordable rental developments shall meet at least one of the following affordability criteria:
   1. 50% of the units shall be affordable to those with incomes at or below 80% AMI.
   2. If an existing building is maintained as required in Section 21A.52.050 .H.1.c, a minimum of one of the units shall be affordable to those with incomes at or below 80% AMI.
Type B. Applicable to residential multifamily zoning districts: RMF-30, RMF-35, RMF-45, and RMF-75
Affordable homeownership developments shall meet at least one of the following affordability criteria:
   1. 10% of the units shall be affordable to those with incomes at or below 80% AMI.
   2. 5% of the units shall be affordable to those with incomes at or below 60% AMI.
Affordable rental developments shall meet at least one of the following affordability criteria:
   1. 40% of the units shall be affordable to those with incomes at or below 60% AMI.
   2. 20% of the units shall be affordable to those with incomes at or below 50% AMI.
   3. 40% of units shall be affordable to those with incomes averaging no more than 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI.
Type C. Applicable to zoning districts not otherwise specified.
Affordable homeownership developments shall meet at least one of the following affordability criteria:
   1. 10% of the units shall be affordable to those with incomes at or below 80% AMI.
   2. 5% of the units shall be affordable to those with incomes at or below 60% AMI.
Affordable rental developments shall meet at least one of the following affordability criteria:
   1. 20% of the units shall be affordable to those with incomes at or below 80% AMI.
   2. 10% of the units shall be affordable to those with incomes at or below 60% AMI.
   3. 10% of the units shall be affordable to those with incomes averaging at or below 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI.
   4. 5% of the units shall be affordable to those with incomes at or below 30% AMI.
   5. 10% of the units shall be affordable to those with incomes at or below 80% AMI and these units must have two or more bedrooms.
   6. 5% of the units shall be affordable to those with incomes at or below 60% AMI and these units must have two or more bedrooms.
   7. 5% of the units shall be affordable to those with incomes at or below 80% AMI and these units must have three or more bedrooms.
 
      1.   Single- and Two-Family Zoning Districts: The following housing types: twin home and two-family, three-family dwellings, four-family dwellings, row houses, sideways row houses, and cottage developments are authorized in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning districts provided the affordability requirements for Type A in Table 21A.52.050.G are met.
      2.   RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: In the RMF-30, RMF-35, and RMF-45 zoning districts, the minimum lot size per dwelling unit does not apply, and in the RMF-75 zoning district, the qualifying provisions for density found in the minimum lot area and lot width table do not apply, provided the affordability requirements for Type B in Table 21A.52.050.G are met.
      3.   Incentives in the I Institutional Zoning Districts:
         a.   The following housing types: row houses, sideways row houses, and cottage developments are authorized.
         b.   The minimum open space requirements in the I Institutional zoning district do not apply.
         c.   To be eligible for the incentives listed in this subsection 3, a development shall meet the affordability requirements for Type C in Table 21A.52.050.G.
      4.   The following incentives are authorized in zoning districts provided the affordability requirements for Type C in Table 21A.52.050.G are complied with:
         a.    Administrative design review is authorized when a design review process is required by this chapter or other sections of this title. Administrative design review shall be reviewed pursuant to the procedures and standards in Chapter 21A.59.
         b.   Height: Additional building stories are authorized as indicated in the following sections and in addition to the maximum building height allowed in the zoning district. The maximum height per story of additional building height shall not exceed twelve feet (12'). Design review is only required when noted.
            (1)   Residential districts:
 
Zoning District
Permitted Maximum Height with Incentive
FB-UN1
Three stories, but not to exceed 30' in overall building height
 
            (2)   Mixed Use Districts:
 
Zoning District
Permitted Maximum Height with Incentive
MU-2
One additional story
MU-3
One additional story
MU-5
One additional story
MU-6
One additional story
MU-8
Two additional stories with administrative Design Review
MU-11
Three additional stories with administrative Design Review
 
            (3)   Downtown and Gateway districts:
 
Zoning District
Permitted Maximum Height with Incentive
D-1
Administrative design review is permitted when a design review process is required.
D-2
Two additional stories with administrative design review.
D-3
Three additional stories with administrative design review.
GMU
Two additional stories with administrative design review.
 
      5.   Planned Developments: A planned development is not required when the purpose of the planned development is due to the following reasons cited below, subject to approval by other city departments. If a development proposes any modification that is not listed below, planned development approval is required. To be eligible for the incentives in this section, a development shall meet the affordability requirements for the applicable zoning district in Table 21A.52.040.
         a.   Multiple Buildings on a Single Parcel: More than one principal building may be located on a single parcel and are allowed without having public street frontage. This allowance supersedes the restrictions of Section 21A.36.010.B;
         b.   Principal buildings with frontage on a paved public alley;
         c.   Principal buildings with frontage on a private street;
   H.   Development Regulations: The following development regulations are intended to provide supplemental regulations and modify standards of the base zoning district for the purpose of making the affordable housing incentives more feasible and compatible with existing development. Base zoning standards apply unless specifically modified by this section and are in addition to modifications authorized in Section 21A.52.050.G. If there are conflicts with design standards, the more restrictive regulation shall apply and take precedence. These standards are not allowed to be modified through the planned development process.
      1.   Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning districts:
         a.   Parking: Unless there is a lesser parking requirement in Chapter 21A.44, only one off-street parking space per unit is required. One detached garage or covered parking space, no greater than 250 sq. ft. per unit, may be provided for each unit and these structure(s) may exceed the yard and building coverage requirements for accessory structures. When covered parking is provided, the 250 sq. ft. per unit of covered parking may be combined into a single structure for each required parking stall provided.
         b.   Yards: Minimum required yards shall apply to the perimeter of the development and not to the individual principal buildings within the development.
         c.   Density:
         (1)   Lots approved through a planned development prior to the effective date of this Chapter are required to go through a major modification of the planned development to use the incentives.
         (2)   Lots may contain up to four units. Existing lots may be divided such that each unit, not including accessory dwelling units (ADUs), is on its own lot. The new lots are exempt from minimum lot area, lot width, and lot frontage requirements. This paragraph shall not apply to vertical developments.
         (3)   An ADU is considered one unit and counts toward the number of units permitted.
         (4)   Arrangement of dwellings:
            (A)   New dwelling units may be arranged in any manner within a building, as a second detached dwelling, as attached units, or a cottage development with three or more detached dwellings.
            (B)   When an existing building is maintained, new units may be added internal to the existing structure, as an addition, or as a second detached dwelling. Any addition must comply with the standards of the base zoning district; however, the addition may contain additional units. Fifty percent (50%) of the exterior walls of the existing dwelling, including the front elevation, shall remain as exterior walls.
            (C)   The units shall comply with this section, applicable requirements of the base zoning district, and any applicable overlay district.
      2.   Within the RMF-30, RMF-35, RMF-45, and RMF-75 zoning districts the following provisions shall apply:
         a.   Unit Mix: No more than 25% of the units in the development shall be less than 500 square feet to promote a mix of unit sizes.
         b.   Parking: Unless there is a lesser parking requirement in Chapter 21A.44, only one half (0.5) of an off-street parking space per unit is required.
         c.   Yards: The minimum required yards shall apply to the perimeter of the development and not to the individual principal buildings within the development.
         d.   Lot width: Minimum lot width requirements do not apply.
      3.   In addition to applicable requirements in subsections 1 and 2 above, the following provisions apply to the specific building types listed:
         a.   Row house and Sideways row house.
         (1)   Perimeter yard requirements: The yard requirements of the base zoning district apply.
         (2)   Number of Units: To qualify for incentives in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-1A zoning districts there is a minimum of three and a maximum of four residential dwelling units per building.
         (3)   Building length facing street:
            (A)   The building length shall not exceed 60 feet or the average of the block face, whichever is less, in FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-1A districts;
            (B)   The building length shall not exceed 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts; and
            (C)   The building length shall not exceed 175 feet in other zoning districts.
         (4)   Building entry facing street: At least one operable building entrance on the ground floor is required for each unit facing the primary street facing façade. All units adjacent to a public street shall have the primary entrance on the street facing façade of the building with an unenclosed entry porch, canopy, or awning feature. The entry feature may encroach in the front yard setback, but the encroachment shall not be closer than 5 feet from the front property line.
         (5)   Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the structure.
         (6)   Parking requirement and location: Unless there is a lesser parking requirement in Chapter 21A.44, only one off-street parking space per unit is required. All provided parking shall be located to the side of the street facing building façade, behind a principal structure that has frontage on a street, or within the principal structure subject to any other applicable provision.
         (7)   Garage doors facing street: Garage doors are prohibited on the façade of the building that is parallel to, or located along, a public street.
         (8)   Personal outdoor space: Each unit shall have a minimum outdoor space of 60 square feet where the minimum measurement of any side cannot be less than 6 feet.
         (9)   Glass: The surface area of the façade of each floor facing a street must contain a minimum of 15% glass.
         (10)   Blank wall: The maximum length of any blank wall uninterrupted by windows, doors, or architectural detailing at the ground floor level along any street facing façade is 15'.
         (11)    Screening of mechanical equipment: All mechanical equipment shall be screened from public view and sited to minimize their visibility and impact. Examples of siting include on the roof, enclosed or otherwise integrated into the architectural design of the building, or in a rear or side yard area subject to yard location restrictions found in Section 21A.36.020, Table 21A.36.020B, "Obstructions In Required Yards" of this title.
Illustration for Section 21A.52.050.H.3.a.1 Required Setbacks for Public Street Facing Row House
Illustration for Section 21A.52.050.H.3.a.1 Required Setbacks for Sideways Row House
 
         b.    Cottage Development.
         (1)   Perimeter yard requirements: The yard requirements of the base zoning district apply.
         (2)   Setbacks Between Individual Cottages: All cottages shall have a minimum setback of eight feet from another cottage.
         (3)   Area: No cottage shall have more than 850 square feet of gross floor area, excluding basement area. There is no minimum square foot requirement.
         (4)   Building Entrance: All building entrances shall face a public street or a common open space.
         (5)   Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the structure.
         (6)   Open Space: A minimum of 250 square feet of common, open space is required per cottage. At least 50% of the open space shall be in a courtyard or other common, usable open space. The development shall include landscaping, walkways or other amenities intended to serve the residents of the development.
         (7)   Personal Outdoor Space: In addition to the open space requirement in this section, a minimum of 120 square feet of private open space is required per cottage. The open space shall provide a private yard area for each cottage and will be separated with a fence, hedge, or other visual separation to distinguish the private space.
         (8)    Parking: Unless there is a lesser parking requirement in Chapter 21A.44, one off-street parking space per unit is required. All provided parking shall be located to the side of a street facing building façade, behind a principal structure that has frontage on a street, or within the principal structure subject to any other applicable provision.
         c.   In addition to applicable requirements in Section 21A.52.050.H above, the following provisions apply to all other buildings containing more than two residential units. If the base zone has a greater design standard requirement, that standard applies.
         (1)   Perimeter yard requirements: The yard requirements of the base zoning district apply.
         (2)   Building entrances: The ground floor shall have a primary entrance on the street facing façade of the building with an unenclosed entry porch, canopy, or awning feature. Stairs to second floor units are not permitted on street facing elevations.
         (3)   Glass: The surface area of the façade of each floor facing a street must contain a minimum of 15% glass.
         (4)   Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the structure.
         (5)   Open space: Open space area may include landscaped yards, patios, dining areas, and other similar outdoor living spaces. All required open space areas shall be accessible to all residents or users of the building.
            (A)   Single- and two-family zoning districts: 120 sq. ft. of open space with a minimum width of 6 ft. shall be provided for each building with a dwelling.
            (B)   All other zoning districts: A minimum of 10% of the land area within the development shall be open space, up to 5,000 square feet. Open space may include courtyards, rooftop and terrace gardens and other similar types of open space amenities. All required open space areas shall be accessible to all residents or users of the building.
         d.   Single- and Two-family Dwellings: No additional design standards except as identified in Chapter 21A.24.
         e.   Lots without public street frontage may be created to accommodate developments without planned development approval subject to the following standards:
         (1)   Required yards shall be applied to the overall development site not individual lots within the development. The front and corner yards of the perimeter shall be maintained as landscaped yards;
         (2)   Lot coverage shall be calculated for the overall development not individual lots within the development; and
         (3)   Required off street parking stalls for a unit within the development are permitted on any lot within the development.
         (4)   The subdivision shall be finalized with a final plat and the final plat shall document that the new lot(s) has adequate access to a public street by way of easements or a shared driveway or private street; and
         (5)   An entity, such as a homeowner association, must be established for the operation and maintenance of any common infrastructure. Documentation establishing that entity must be recorded with the final plat.
      4.   For properties subject to the H Historic Preservation Overlay District, vinyl windows may be installed on new construction so long as the vinyl windows are not readily visible from a public or private street. (Ord. 74C-25, 2025: Ord. 47A-25, 2025: Ord. 56-24, 2024: Ord. 37-24, 2024: Ord. 34-24, 2024: Ord. 74-23, 2023)

21A.52.060: BUILDING PRESERVATION INCENTIVES:

The provisions in this section provide optional incentives to development projects that include the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may be combined with the incentives outlined in Subsection 21A.52.060.B.
   A.   Adaptive Reuse for Additional Uses in Eligible Buildings:
      1.   Purpose: To allow additional land uses in buildings that generally contribute to the character of the city so they can be redeveloped for economically viable uses. These buildings may be underutilized or have outlived their original use due to economic conditions, size of the building, a substantial degree of deterioration of the property, or other factors. Eligible buildings may hold historical or cultural significance or contribute to the existing neighborhood fabric through their architectural features, size, or previous use.
      2.   Applicability: The incentives in this subsection apply to adaptive reuse of a building that meets the eligibility standards in Subsection 21A.52.060.A.3.
      3.   Eligibility Standards:
         a.   The following buildings are eligible for the incentives in this subsection:
            (1)   Landmark Sites;
            (2)   Buildings individually listed on the National Register of Historic Places;
            (3)   Buildings designed and formerly used for schools, hospitals, places of worship, or other similar institutional uses; and
            (4)   Buildings that the planning director has deemed significant based on the structure's association with events that have contributed to broad patterns of history, association with lives of persons important in the city's past, or displays distinctive characteristics of a type, period, or method of construction.
         b.   Exterior features that are important in defining the overall character of the building shall be retained.
         c.   Exterior alterations to the eligible building shall meet the standards in Subsection 21A.34.020.G.
         d.   The proposed use is conducive to the preservation of the building.
         e.   A change of use to a residential use is not permitted in the OS (Open Space) zoning district.
         f.   If the eligible building is located in a residential zoning district, and the existing use is residential, a change of use to nonresidential is not permitted.
         g.   Properties subject to the H Historic Preservation Overlay must obtain a Certificate of Appropriateness in accordance with Section 21A.34.020.
      4.   Incentives:
         a.   Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use may be allowed as a permitted or conditional use in zoning districts where Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use tables in Chapter 21A.33, subject to the provisions in this subsection and any specific provisions applicable to the use in this title. Any conditional use shall be reviewed pursuant to the procedures and standards outlined in Chapter 21A.54.
            (1)   Prohibited Uses: A change of use to one of the following uses is prohibited: Ambulance services (indoor and outdoor), amusement park, auditorium, bio-medical facility, bus line station/terminal, bus line yard and repair facility, car wash, check cashing/payday loan business, community correctional facility (large and small), contractor's yard/office, drive-through facility associated with any use, equipment rental (indoor and outdoor), gas station, heliport, hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind energy system, laundry and dry cleaning establishments, limousine service (large and small), heavy manufacturing, pet cemetery, recycling collection station, sexually oriented business, sign painting/fabrication, storage (outdoor), public storage (outdoor), wireless telecommunications facility, homeless resource centers, and any other uses that are only allowed in the manufacturing districts.
         b.   Parking and Loading: The following are the minimum off-street parking and loading requirements for the eligible building. These minimums may be further reduced with the alternatives to minimum parking calculations in Section 21A.44.050.
            (1)   Multi-Family: 0.5 off-street parking space per dwelling unit is required;
            (2)   Nonresidential: The minimum number of required off-street parking spaces for the proposed use listed in the general context of the required off-street parking table in Chapter 21A.44 may be reduced by forty percent (40%);
            (3)   Existing Parking Below the Minimum: If the existing parking for the eligible building does not meet the minimum off-street parking requirements above, no additional parking shall be required;
            (4)   Loading areas as indicated in Table 21A.44.070-A shall not be required.
         c.   Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements of the zoning district do not apply for the adaptive reuse in all zoning districts. In the RMF-30, RMF-35, and RMF-45 zoning districts, the minimum lot size per dwelling unit does not apply.
      5.   Restrictive Covenant Required: Any owner who uses the incentives in Subsection 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. The restrictive covenant shall be recorded on the property with the Salt Lake County Recorder prior to issuance of a building permit for a building using the incentives. The restrictive covenant shall run with the land for the duration of the adaptive reuse and shall provide for the following, without limitation:
         a.   Acknowledge the use of the incentives, the nature of the approval, and any conditions thereof;
         b.   Shall guarantee that the physical elements of the eligible building used to qualify for the incentives shall remain in substantially the same form and exterior features important to the character of the building shall be preserved for the duration of the adaptive reuse or if subject to Section 21A.34.020, indefinitely unless otherwise permitted by the terms of a certificate of appropriateness;
         c.   The terms of compliance with all applicable regulations and the potential enforcement actions for any violation of the restrictive covenant.
      6.   Modifications to Approved Adaptive Reuse: Any modification to the use approved under these incentives requires a new zoning incentives application. Any new adaptive reuse shall also require a new zoning incentives application unless the new use is permitted in the table of permitted and conditional uses for the zoning district.
      7.   Enforcement: Violations of this Subsection A, or the restrictive covenant on the property as set forth in Subsection 21A.52.060.A.5, shall be investigated and prosecuted pursuant to Chapter 21A.20. The city shall have additional remedies or financial penalties for violations as identified in the terms of the restrictive covenant required by Subsection 21A.52.060.A.5, which shall be reasonably related to enforcement of the requirements and purpose of Subsection 21A.52.060.A.
   B.   Preservation of a Principal Building:
      1.   Purpose: The incentives set forth in this section are intended to encourage the preservation of buildings, supporting city goals related to sustainability, neighborhoods, economy, and housing. The provisions are designed to support developments that include preserving an eligible building by allowing flexibility with certain zoning regulations while still maintaining the unique urban fabric and character of neighborhoods.
      2.   Applicability: The incentives in this subsection apply to projects in all zoning districts that preserve an existing principal building that meets the eligibility standards in Subsection 21A.52.060.B.3. These incentives may be applied to existing principal buildings and new construction within the same development area. For the purposes of this subsection, the development area may include multiple abutting lots or parcels.
      3.   Eligibility Standards:
         a.   Building Age: The existing building to be preserved shall be a minimum of fifty (50) years old.
         b.   Minimum Footprint of Eligible Building: The footprint of the eligible building to be preserved covers a minimum of twenty five percent (25%) of the development area. A lower percentage may be considered by the planning director if the building has frontage on a public street, contains a publicly accessible use such as retail, restaurant, or entertainment, or would be highly visible from public spaces within the interior of the site.
         c.   Retention of All Existing Principal Structures: In the FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, SR-3, and all RMF zoning districts, all existing principal structures included in the overall development area shall be retained.
         d.   Modifications to Existing Building: A maximum of twenty five percent (25%) of each street facing building wall may be removed to accommodate modifications or additions. No more than fifty percent (50%) of the building's exterior walls may be removed. Portions of a building wall with character defining architectural features shall not be removed.
         e.   Retention of Existing Active Commercial Uses: Eligible buildings with existing active commercial uses with ground level street frontage are subject to the following requirements. For the purpose of this subsection, active commercial uses are those that support the vibrancy and usability of the public realm adjacent to a building and encourage pedestrian activity and walk-in traffic. Active uses may include retail goods/service establishments, restaurants, bars, art and craft studios, or other uses determined to be substantially similar in terms of activation by the planning director.
            (1)   A minimum of fifty percent (50%) of the length shall be retained along the street frontage in the existing building or be included as part of the new development. If included in the new development, the active commercial use shall have the primary entrance on the street frontage with direct public access from the street frontage.
            (2)   The existing depth of the active commercial use shall be maintained or a minimum depth of twenty five (25) feet, whichever is less.
            (3)   These requirements do not apply to nonconforming active commercial uses with ground level street frontage.
      4.   Incentives:
         a.   Planned Development Waived: A planned development is not required for the following:
            (1)   More Than One Principal Building Per Lot: More than one principal building per lot is allowed without having frontage along a public street.
            (2)   Lots without Frontage on a Public Street: Lots do not require frontage on a public street if necessary cross access easements are provided.
         b.   Administrative Planned Development: The following are authorized through an administrative planned development pursuant to the procedures and standards in Chapter 21A.55. The minimum planned development size required by Section 21A.55.060 does not apply:
            (1)   Modification to the minimum and maximum yard requirements.
            (2)   Modification to the open space and landscaping requirements when the modification specifically relates to preserving the existing building(s).
            (3)   Modifications to the provisions for awnings and canopies, balconies, patios, and porches in Table 21A.36.020.B, Obstructions in Required Yards.
            (4)   Modifications to the parking location and setback requirements in Table 21A.44.060.
            (5)   Parking within the boundary of a planned development area but located on a different parcel or lot than the use(s) it is intended to serve, is allowed and is not considered off-site parking. The parking must only serve the uses within the planned development area unless otherwise authorized by other provisions of this title.
         c.   Minimum Lot Area, Width and Coverage:
            (1)   The minimum lot width for the land use found in the minimum lot area and lot width tables of the zoning district does not apply.
            (2)   The minimum lot area for the land use found in the minimum lot area and lot width tables of the zoning district only applies for the following zoning districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000.
            (3)   RMF-30, RMF-35, and RMF-45 zoning districts: The minimum lot size per dwelling unit does not apply.
            (4)   Lot coverage may be calculated for the overall development area not the individual lot or parcel within the development area.
         d.   Height: Additional building height is authorized in zoning districts as indicated in the following sections through administrative design review. The maximum height per story of the additional building height incentive shall not exceed 12 feet. In addition, administrative design review is permitted when a design review process is required for building height by other sections of this title. Where additional stories but no height measurements are listed, the stories are allowed in addition to the maximum building height of the zoning district. Administrative design review shall be reviewed pursuant to the procedures and standards in Chapter 21A.59. The additional height authorized by this subsection shall not be combined with the additional height authorized by Section 21A.52.050, Affordable Housing Incentives.
            (1)   Residential districts:
 
Zoning District
Permitted Maximum Height with Incentive
FB-UN1
3 stores, but not to exceed 30' in height.
 
            (2)   Mixed Use Districts:
 
Zoning District
Permitted Maximum Height with Incentive
MU-2
1 additional story.
MU-3
1 additional story.
MU-5
1 additional story.
MU-6
1 additional story.
MU-8
2 additional stories.
MU-11
3 additional stories.
 
            (3)   Downtown and Gateway districts:
 
Zoning District
Permitted Maximum Height with Incentive
D-2
120' and 2 additional stories equal to or less than the average height of the other stories in the building.
D-3
180' and 3 additional stories equal to or less than the average height of the other stories in the building.
G-MU
180' and 2 additional stories equal to or less than the average height of the other stories in the building.
 
            (4)   Other districts:
 
Zoning District
Permitted Maximum Height with Incentive
I
Building heights in excess of 35' but not more than 75' provided, that for each foot of height over 35', each required yard shall be increased 1'.
UI
Building heights in excess of 75' but not more 120' provided that the additional height is supported by the master plan and compatible with the adjacent neighborhood.
OS - Lots greater than 4 acres
Building heights in excess of 45' up to 60' provided that for each foot of height over 45', each required yard and landscaped yard shall be increased by 1'.
 
         e.   Administrative design review is permitted for any request that requires design review approval.
         f.   Parking: The following are the minimum off-street parking requirements unless a lesser requirement is listed in the required off-street parking table in Chapter 21A.44. These minimums may be further reduced with the alternatives to minimum parking calculations in Section 21A.44.050.
            (1)   Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling unit for all other residential uses.
            (2)   Nonresidential: The minimum number of required off-street parking spaces for the proposed use listed in the required off-street parking table in Chapter 21A.44 may be reduced by forty percent (40%).
            (3)   Existing Parking Below the Minimum: If the existing parking for the eligible building does not meet the minimum off-street parking requirements above, no additional parking shall be required.
            (4)   Loading areas as indicated in Table 21A.44.070-A shall not be required.
         g.   Minimum Required Yards: The minimum required yards may apply to the perimeter of the development area and not to the individual lot or parcel within the development area.
      5.   Design Standards for New Construction: Unless a stricter design standard related to each of the following is included in the base zone or Chapter 21A.37, the following design standards are required for all zones except single and two-family zoning districts:
         a.   Building Materials: Other than windows and doors, fifty percent (50%) of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, fiber cement board or other material that includes a minimum manufacturer warranty of twenty (20) years from color fading, weather, and local climate induced degradation of the material. Other materials may be used for the remainder of the facade facing the street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the proposed location on the building.
         b.   Ground Floor Glass: The surface area of the ground floor of a street facing façade shall contain a minimum percentage of glass as indicated below, calculated between three (3) feet and eight (8) feet above grade. All ground floor glass shall allow unhampered and unobstructed visibility into the building for a depth of at least 5 feet, excluding any glass etching and window signs when installed and permitted in accordance with Chapter 21A.46, "Signs", of this title.
            (1)   Nonresidential Uses: fifty percent (50%) ground floor glass.
            (2)   Residential Uses: If the ground level of the building is occupied by residential uses that face the street, the minimum glass requirement is twenty percent (20%).
         c.   Upper Floor Glass: The surface area of the façade of each street facing floor above the ground floor must contain a minimum of twenty percent (20%) glass.
         d.   Maximum Length of a Blank Wall: The maximum length of any blank wall uninterrupted by windows or doors at the ground floor level along any street facing façade is fifteen (15) feet. Emergency exit doors and doors to access structured parking or utility equipment shall not count as an interruption.
         e.   Maximum Length of Street Facing Facades:
            (1)   The maximum length of each street facing building facade shall not exceed one hundred (100) feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts.
            (2)   The maximum length of each street facing building façade shall not exceed one hundred seventy five (175) feet in all other zoning districts.
         f.   Building Entrances: Building entrances are required in accordance with Subsection 21A.37.050.D. Operable building entrances shall be required, at a minimum, at each specified length of the ground floor street facing façade as follows:
            (1)   Multi-family: Every seventy five feet (75').
            (2)   Nonresidential Uses: Every forty feet (40').
         g.   Garage Doors Facing Street: For attached single family dwellings, garage doors are prohibited on the façade of the building that is parallel to, or located along, a public street.
         h.   Screening of Mechanical Equipment: All mechanical equipment shall be screened from public view and sited to minimize their visibility and impact. Examples of siting include on the roof, enclosed or otherwise integrated into the architectural design of the building, or in a rear or side yard area subject to yard location restrictions found in Section 21A.36.020, Table 21A.36.020B, "Obstructions In Required Yards".
      6.   Restrictive Covenant Required: Any owner who uses the incentives in Subsection 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. The restrictive covenant shall be recorded on the property with the Salt Lake County Recorder prior to issuance of a building permit for a building using the incentives. The restrictive covenant shall run with the land and shall provide for the following, without limitation:
         a.   Acknowledge the use of the incentives, the nature of the approval, and any conditions thereof;
         b.   Shall guarantee that the physical elements of the eligible building used to qualify for the incentives shall remain in substantially the same form and exterior features important to the character of the building shall be preserved during the term;
         c.   Projects that apply the incentives to new development on the development site shall guarantee retention of the eligible building used to qualify for the incentives for a minimum term of thirty (30) years or, if the eligible building is subject to Section 21A.34.020, indefinitely unless otherwise permitted by the terms of a certificate of appropriateness after such thirty (30) year period;d;
         d.   The terms of compliance with all applicable regulations and the city's potential remedies for any violation of the restrictive covenant.
      7.   Enforcement: Violations of this Subsection B, or the restrictive covenant on the property as set forth in Subsection 21A.52.060.B.6, shall be investigated and prosecuted pursuant to Chapter 21A.20. The city shall have additional remedies or financial penalties for violations as identified in the terms of the restrictive covenant required by Subsection 21A.52.060.B.6, which shall be reasonably related to enforcement of the requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a violation of the covenant may include liquidated damages representing a reasonable estimate of the value of the incentives, plus other associated damages valued up to twenty percent (20%) of the tax assessed value of the preserved building over the three preceding years. (Ord. 74C-25, 2025: Ord. 58-25, 2025: Ord. 47A-25, 2025: Ord. 56-24, 2024)

21A.54.010: PURPOSE STATEMENT:

   A.   A conditional use is a land use which, because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses, may not be compatible or may be compatible only if certain conditions are required that mitigate or eliminate the negative impacts. Conditional uses are allowed unless appropriate conditions cannot be applied which, in the judgment of the planning commission, or administrative hearing officer, would mitigate adverse impacts that may arise by introducing a conditional use on the particular site.
   B.   Approval of a conditional use requires review of its location, design, configuration, and impact to determine the desirability of allowing it on a site. Whether the use is appropriate requires weighing of public need and benefit against the local impact, taking into account the applicant's proposals to mitigate adverse impacts through site planning, development techniques, and public improvements. (Ord. 14-12, 2012)

21A.54.020: AUTHORITY:

The planning commission, or in the case of administrative conditional uses, the planning director or designee, may, in accordance with the procedures and standards set out in this chapter and other regulations applicable to the district in which the property is located, approve uses listed as conditional uses in the tables of permitted and conditional uses of this title for each category of zoning district or districts. (Ord. 14-12, 2012)

21A.54.030: CATEGORIES OF CONDITIONAL USES:

Conditional uses shall consist of the following categories of uses:
   A.   Conditional use applications considered and decided by the planning director or designee as an administrative conditional use pursuant to section 21A.54.155 of this chapter.
   B.   All other conditional use applications which shall be considered and decided by the planning commission. (Ord. 14-12, 2012)

21A.54.040: SITE PLAN REVIEW REQUIRED:

(Rep. by Ord. 14-12, 2012)

21A.54.050: INITIATION:

An application for a conditional use may be filed with the planning director by the owner of the subject property or by an authorized agent. (Ord. 14-12, 2012)

21A.54.060: PROCEDURES:

   A.   Application: A complete application shall contain at least the following information submitted by the applicant, unless certain information is determined by the planning director to be inapplicable or unnecessary to appropriately evaluate the application:
      1.   The applicant's name, address, telephone number, and interest in the property;
      2.   The property owner's name, address, and telephone number, if different than the applicant, and the property owner's signed consent to the filing of the application;
      3.   The street address and legal description of the subject property;
      4.   The zoning classification, zoning district boundaries, and present use of the subject property;
      5.   A complete description of the proposed conditional use;
      6.   Site plans, as required pursuant to chapter 21A.58 of this title;
      7.   Traffic impact analysis, where required by the city transportation division; and
      8.   Other information or documentation the planning director may deem necessary for proper review and analysis of a particular application. Information which may be required under this subsection A8 shall not apply to a determination of completeness under subsection B of this section.
   B.   Determination Of Completeness: Upon receipt of an application for a conditional use, the planning director shall make a determination of completeness of the application pursuant to section 21A.10.010 of this title.
   C.   Fees: The application shall be accompanied by the applicable fees shown on the Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of all fees established for providing the public notice required by chapter 21A.10 of this title.
   D.   Staff Report: Once the planning director has determined that the application is complete, a staff report evaluating the conditional use application shall be prepared by the planning division and forwarded to the applicant and the planning commission, or, in the case of administrative conditional uses, the planning director or designee.
   E.   Public Hearing: The planning commission, or, in the case of administrative conditional uses, the planning director or designee shall schedule and hold a public hearing on the proposed conditional use in accordance with the standards and procedures for conduct of the public hearing set forth in chapter 21A.10 of this title. (See section 21A.54.155 of this chapter for additional procedures for public hearings in connection with administrative conditional uses.)
   F.   Notice Of Applications For Additional Approvals: Whenever, in connection with the application for a conditional use approval, the applicant is requesting other types of approvals, as required by this title, all required notices shall include reference to the request for the conditional use as well as for all other applicable approvals.
   G.   Planning Commission And Planning Director Or Designee Action: At the conclusion of the public hearing, the planning commission, or, in the case of administrative conditional uses, the planning director or designee shall either:
      1.   Approve the conditional use;
      2.   Approve the conditional use subject to specific modifications; or
      3.   Deny the conditional use. (Ord. 3-26, 2026: Ord. 54-14, 2014)

21A.54.070: SEQUENCE OF APPROVAL OF APPLICATIONS FOR BOTH A CONDITIONAL USE AND A VARIANCE:

Whenever the applicant indicates pursuant to section 21A.54.060 of this chapter that a variance will be necessary in connection with the proposed conditional use, the applicant shall at the time of filing the application for a conditional use, file an application for a variance with the appeals hearing officer.
   A.   Combined Review: Upon the filing of a combined application for a conditional use and a variance, at the initiation of the planning commission or the appeals hearing officer, the commission and the officer may hold a joint session to consider the conditional use and the variance applications simultaneously.
   B.   Actions By Planning Commission And Appeals Hearing Officer: Regardless of whether the planning commission and appeals hearing officer conduct their respective reviews in a combined session or separately, the appeals hearing officer shall not take any action on the application for a variance until the planning commission shall first act to approve or deny the application for the conditional use. (Ord. 10-16, 2016)

21A.54.080: STANDARDS FOR CONDITIONAL USES:

A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards set forth in this section. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use shall be denied.
   A.   Approval Standards: A conditional use shall be approved unless the planning commission, or in the case of administrative conditional uses, the planning director or designee, concludes that the following standards cannot be met:
      1.   The use complies with applicable provisions of this title;
      2.   The use is compatible, or with conditions of approval can be made compatible, with surrounding uses;
      3.   The use is consistent with applicable adopted city planning policies, documents, and master plans; and
      4.   The anticipated detrimental effects of a proposed use can be mitigated by the imposition of reasonable conditions.
   B.   Detrimental Effects Determination: In analyzing the anticipated detrimental effects of a proposed use, the planning commission, or in the case of administrative conditional uses, the planning director or designee, shall determine compliance with each of the following:
      1.   This title specifically authorizes the use where it is located;
      2.   The use is consistent with applicable policies set forth in adopted citywide, community, and small area master plans and future land use maps;
      3.   The use is well suited to the character of the site, and adjacent uses as shown by an analysis of the intensity, size, and scale of the use compared to existing uses in the surrounding area;
      4.   The mass, scale, style, design, and architectural detailing of the surrounding structures as they relate to the proposed have been considered;
      5.   Access points and driveways are designed to minimize grading of natural topography, direct vehicular traffic onto major streets, and not impede traffic flows;
      6.   The internal circulation system is designed to mitigate adverse impacts on adjacent property from motorized, nonmotorized, and pedestrian traffic;
      7.   The site is designed to enable access and circulation for pedestrian and bicycles;
      8.   Access to the site does not unreasonably impact the service level of any abutting or adjacent street;
      9.   The location and design of off street parking complies with applicable standards of this code;
      10.   Utility capacity is sufficient to support the use at normal service levels;
      11.   The use is appropriately screened, buffered, or separated from adjoining dissimilar uses to mitigate potential use conflicts;
      12.   The use meets city sustainability plans, does not significantly impact the quality of surrounding air and water, encroach into a river or stream, or introduce any hazard or environmental damage to any adjacent property, including cigarette smoke;
      13.   The hours of operation and delivery of the use are compatible with surrounding uses;
      14.   Signs and lighting are compatible with, and do not negatively impact surrounding uses; and
      15.   The proposed use does not undermine preservation of historic resources and structures.
   C.   Conditions Imposed: The planning commission, or in the case of administrative conditional uses, the planning director or the director's designee, may impose on a conditional use any conditions necessary to address the foregoing factors which may include, but are not limited to:
      1.   Conditions on the scope of the use; its character, location, hours and methods of operation, architecture, signage, construction, landscaping, access, loading and parking, sanitation, drainage and utilities, fencing and screening, and setbacks; and
      2.   Conditions needed to mitigate any natural hazards; assure public safety; address environmental impacts; and mitigate dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, and radiation.
   D.   Denial Of Conditional Use: A proposed conditional use shall be denied if:
      1.   The proposed use is unlawful; or
      2.   The reasonably anticipated detrimental effects of the proposed conditional use cannot be substantially mitigated as proposed in the conditional use application or by the imposition of reasonable conditions to achieve compliance with applicable standards set forth in this section.
   E.   Notice Of Decision: The planning commission, or in the case of administrative conditional uses, the planning director or designee, shall provide written notice of the decision, including all conditions imposed, to the applicant and local community council within ten (10) days of the final action. If the conditional use is approved, this notice shall be recorded against the property by the city recorder. (Ord. 14-12, 2012)

21A.54.090: CONDITIONAL USE REVOCATION:

   A.   Conditions Of Revocation: The holder of a conditional use shall be responsible for the operation of the use in conformance with the ordinances of the city. Any conditional use approved by the city may be suspended or revoked by the mayor or the planning commission, upon a finding by the mayor or the planning commission of a violation of any of the following with respect to the holder of the use or its operator or agent:
      1.   A change in the conditional use approval made without authorization or an amendment; or
      2.   Noncompliance with the conditions prescribed upon approval of the conditional use or with representations by the applicant as to the nature of the conditional use to be conducted; or
      3.   Operation of the conditional use in a manner that creates a nuisance for neighboring persons or property.
   B.   Notice: Written notice of a decision to suspend or revoke the conditional use shall be sent to the holder of the conditional use and posted on the planning division website unless an appeal is filed. If an existing business license is associated with the use, action to suspend or revoke such license shall be undertaken as provided in title 5, chapter 5.02 of this code. (Ord. 14-12, 2012)

21A.54.100: NO PRESUMPTION OF APPROVAL:

The listing of a conditional use in any table of permitted and conditional uses found in this title does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis, in relation to its compliance with the standards and factors set forth in this chapter and with the standards for the zoning district in which it is located, in order to determine whether the conditional use is appropriate at a particular location. (Ord. 14-12, 2012)

21A.54.110: EFFECT OF APPROVAL OF CONDITIONAL USE:

The approval of a proposed conditional use by the planning commission, or, in the case of administrative conditional uses, the planning director or designee, shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the regulations of the city, including, but not limited to, a building permit, certificate of occupancy and subdivision approval. (Ord. 69-06 § 5, 2006: Ord. 26-95 § 2(27-11), 1995)

21A.54.120: LIMITATIONS ON CONDITIONAL USE APPROVAL:

Subject to an extension of time granted by the planning commission, or, in the case of administrative conditional uses, the planning director or designee, no conditional use shall be valid for a period longer than one year unless a building permit has been issued or complete building plans have been submitted to the division of building services and licensing within that period and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within that period, or unless a longer time is requested and granted by the planning commission, or, in the case of administrative conditional uses, the planning director or designee. Any request for a time extension shall be required not less than thirty (30) days prior to the twelve (12) month time period. The approval of a proposed conditional use by the planning commission, or, in the case of administrative conditional uses, the planning director or designee, shall authorize only the particular use for which it was issued. (Ord. 11-10 § 6, 2010)

21A.54.130: CONDITIONAL USE RELATED TO THE LAND:

A conditional use is transferable with the title to the underlying property so that an applicant may convey or assign an approved use without losing the approval. The applicant may not transfer the use from the property for which the approval was granted. If the applicant changes the use on the property, the existing conditional use shall be deemed a voluntary termination thereof. (Ord. 14-12, 2012)

21A.54.135: ALTERATIONS OR MODIFICATIONS TO A CONDITIONAL USE:

Alterations or modifications to an existing conditional use or with a previously permitted use that now is listed as a conditional use under current zoning regulations shall be approved subject to the provisions of this section.
   A.   Administrative Review: Expansions of up to twenty five percent (25%) of the occupied area or one thousand (1,000) square feet, whichever is less, may be approved by the planning director without a public hearing.
   B.   New Conditional Use Review Required: Expansions of more than twenty five percent (25%) of the occupied area or one thousand (1,000) square feet, whichever is less, shall be reviewed as a new conditional use pursuant to the requirements and standards of this chapter.
   C.   Remodeling or Improvements: Remodeling or improvements to a site or structure containing a conditional use shall be allowed provided the improvements comply with the use approval and all the applicable zoning regulations. (Ord. 47A-25, 2025: Ord. 65-14, 2014)

21A.54.140: CONDITIONAL USE APPROVALS AND PLANNED DEVELOPMENTS:

When a development is proposed as a planned development pursuant to the procedures in chapter 21A.55 of this title and also includes an application for conditional use approval, the planning commission shall consider the planned development application and the conditional use application together. If a new conditional use is proposed after a planned development has been approved pursuant to chapter 21A.55 of this title, the proposed conditional use shall be reviewed and approved, approved with conditions, approved with modifications, or denied under the standards set forth in section 21A.54.080 of this chapter. (Ord. 14-12, 2012)

21A.54.150: PLANNED DEVELOPMENTS1:

(Rep. by Ord. 23-10 § 19, 2010)

21A.54.155: ADMINISTRATIVELY APPROVED CONDITIONAL USES:

   A.   Purpose: The purpose of this section is to establish an administrative hearing process for certain categories of low impact conditional uses as authorized by subsection 21A.54.030B of this chapter.
   B.   Administrative Review: Conditional uses that are authorized to be reviewed administratively are:
      1.   Applications for low power wireless telecommunication facilities that are listed as conditional uses in subsection 21A.40.090C of this title;
      2.   Utility buildings and structures in residential and nonresidential zoning districts that are listed as conditional uses;
      3.   Any conditional use identified in the tables of permitted and conditional uses for each zoning district, except those uses that:
         a.   Are located within a residential zoning district;
         b.   Abut a residential zoning district or residential use; or
         c.   Require planned development approval.
   C.   Approval Standards: Administrative conditional use applications shall be subject to the standards set forth in section 21A.54.080 of this chapter.
   D.   Notice: Notice of a proposed conditional use shall be given pursuant to chapter 21A.10 of this title.
   E.   Administrative Hearing:
      1.   At the administrative hearing, the planning director or designee may decline to hear or decide the request and forward the application for planning commission consideration if it is determined that there is neighborhood opposition, if the applicant has failed to adequately address the conditional use standards, or for any other reason at the discretion of the planning director or designee.
      2.   If the planning director or designee conducts the administrative hearing, after consideration of information received from the applicant and concerned residents, the planning director or designee may approve, approve with conditions, or deny the conditional use request in accordance with the standards for conditional uses listed in section 21A.54.080 of this chapter and any specific standards listed in this title that regulate the particular use. (Ord. 47A-25, 2025: Ord. 10-16, 2016: Ord. 66-13, 2013: Ord. 14-12, 2012)

21A.54.156: APPEAL OF ADMINISTRATIVE DECISION:

Any person adversely affected by a decision made by the planning director or designee at an administrative hearing may appeal that decision to the Salt Lake City planning commission by filing notice of an appeal within ten (10) days after the date of the written administrative decision. The notice of appeal shall specify, in detail, the reason(s) for the appeal. Reasons for the appeal shall be based upon a procedural error, noncompliance with the standards for conditional uses listed in section 21A.54.080 of this chapter, or any specific standards listed in this title that regulate the particular use. (Ord. 14-12, 2012)

21A.54.160: APPEAL OF PLANNING COMMISSION DECISION:

Any person adversely affected by a final decision of the planning commission on an application for a conditional use may appeal to the appeals hearing officer in accordance with the provisions of chapter 21A.16 of this title. The filing of the appeal shall not stay the decision of the planning commission pending the outcome of the appeal, except as provided for under section 21A.16.030F of this title. (Ord. 48-21, 2021: Ord. 8-12, 2012)

21A.54.170: APPEAL OF APPEALS HEARING OFFICER DECISION:

Any person adversely affected by a final decision of the appeals hearing officer on an appeal from a planning commission decision may file a petition for review of the decision with the district court within thirty (30) days after the decision is rendered. (Ord. 8-12, 2012)

21A.55.010: PURPOSE STATEMENT:

A planned development is intended to encourage the efficient use of land and resources, promoting greater efficiency in public and utility services and encouraging innovation in the planning and building of all types of development. Further, a planned development implements the purpose statement of the zoning district in which the project is located, utilizing an alternative approach to the design of the property and related physical facilities. A planned development incorporates special development characteristics that help to achieve City goals identified in adopted Master Plans and that provide an overall benefit to the community as determined by the planned development objectives. A planned development will result in a more enhanced product than would be achievable through strict application of land use regulations, while enabling the development to be compatible with adjacent and nearby land developments. The City seeks to achieve at least one or any combination of the following objectives through the planned development process. Each objective includes strategies that are intended to be used to determine if an objective has been accomplished through a specific proposal:
   A.   Open Space And Natural Lands: Preserving, protecting or creating open space and natural lands:
      1.   Inclusion of community gathering places or public recreational opportunities, such as new trails or trails that connect to existing or planned trail systems, playgrounds or other similar types of facilities.
      2.   Preservation of critical lands, watershed areas, riparian corridors and/or the urban forest.
      3.   Development of connected greenways and/or wildlife corridors.
      4.   Daylighting of creeks/water bodies.
      5.   Inclusion of local food production areas, such as community gardens.
      6.   Clustering of development to preserve open spaces.
   B.   Historic Preservation:
      1.   Preservation, restoration, or adaptive reuse of buildings or structures that contribute to the character of the City either architecturally and/or historically, and that contribute to the general welfare of the residents of the City.
      2.   Preservation of, or enhancement to, historically significant landscapes that contribute to the character of the City and contribute to the general welfare of the City's residents.
   C.   Housing: Providing affordable housing or types of housing that helps achieve the City's housing goals and policies:
      1.   Affordable housing that meets the requirements of Section 21A.52.050.
      2.   The proposal includes housing types that are not commonly found in the existing neighborhood but are of a scale that is typical to the neighborhood.
   D.   Mobility: Enhances accessibility and mobility:
      1.   Creating new interior block walkway connections that connect through a block or improve connectivity to transit or the bicycle network.
      2.   Improvements that encourage transportation options other than just the automobile.
   E.   Sustainability: Creation of a project that achieves exceptional performance with regards to resource consumption and impact on natural systems:
      1.   Energy Use And Generation: Design of the building, its systems, and/or site that allow for a significant reduction in energy usage as compared with other buildings of similar type and/or the generation of energy from an on-site renewable resource.
      2.   Reuse Of Priority Site: Locate on a brownfield where soil or groundwater contamination has been identified, and where the local, State, or national authority (whichever has jurisdiction) requires its remediation. Perform remediation to the satisfaction of that authority.
   F.   Master Plan Implementation: A project that helps implement portions of an adopted Master Plan in instances where the Master Plan provides specific guidance on the character of the immediate vicinity of the proposal:
      1.   A project that is consistent with the guidance of the Master Plan related to building scale, building orientation, site layout, or other similar character defining features. (Ord. 74-23, 2023: Ord. 8-18, 2018)

21A.55.020: AUTHORITY:

   A.   Administrative Review: The planning director may approve, approve with modifications, deny, or refer to the planning commission modifications to specific zoning standards outlined in Subsection 21A.52.060.B.4.b for projects that meet the qualifying provisions in Subsection 21A.52.060.B in accordance with the standards and procedures set forth in this chapter and other regulations applicable to the district in which the property is located.
   B.   Planning Commission Review: The planning commission may approve planned developments for uses listed in the tables of permitted and conditional uses for each category of zoning district or districts. The approval shall be in accordance with the standards and procedures set forth in this chapter and other regulations applicable to the district in which the property is located.
   In approving a planned development, the planning commission may change, alter, modify or waive the following provisions of this title:
      1.   Zoning and Subdivision Regulations: Any provisions of this title or of the city's subdivision regulations as they apply to the proposed planned development except that the planning commission cannot approve a use that is not allowed in the zoning district in which the planned development is located.
      2.   Off-Site Parking: Parking within the boundary of a planned development area, but located on a different parcel or lot than the use(s) it is intended to serve, is allowed and not considered off-site parking. The parking must only serve the uses within the planned development area unless otherwise authorized by other provisions of this title.
      3.   Building Height: Up to five feet (5') of additional building height, except in the FR, R-1, SR, or R-2 zoning districts where additional building height cannot be approved through the planned development process.
      4.   Density: Residential planned developments shall not exceed the density limitation of the zoning district where the planned development is proposed except as allowed below. The calculation of planned development density may include open space that is provided as an amenity to the planned development. Public streets located within or adjacent to a planned development shall not be included in the planned development area for the purpose of calculating density.
         a.   Developments approved as a Planned Development in the RMF zoning districts that change a nonconforming commercial use to a residential use that is allowed in the zoning district are exempt from the density limitations of that zoning district. (Ord. 74C-25, 2025: Ord. 56-24, 2024: Ord. 8-18, 2018)

21A.55.030: DECISION:

   A.   No Presumption of Approval: A request for a planned development does not constitute an assurance or presumption that such planned development will be approved. Rather, each proposed planned development shall be evaluated on an individual basis, in relation to its compliance with the standards and factors set forth in this chapter and with the standards for the zoning district in which it is located, in order to determine whether the planned development is appropriate at a particular location.
   B.   Approval: The planning commission or planning director in the case of administrative planned developments, may approve a planned development as proposed or may impose conditions necessary or appropriate for the planned development to comply with the standards and factors set forth in this chapter.
   C.   Denial: The planning commission or planning director in the case of administrative planned developments, may deny an application for a planned development if it finds that the proposal does not meet the intent of the base zoning district, does not meet the purpose of this chapter, or is not consistent with the standards and factors as set forth in this chapter. (Ord. 56-24, 2024: Ord. 8-18, 2018)

21A.55.040: PROCEDURES:

   A.   Application: An application for a planned development shall be made on an application form prepared by the zoning administrator and accompanied by applicable fees as noted in the Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of all mailing fees established for required public noticing. A complete application shall contain at least the following information submitted by the applicant, unless certain information is determined by the zoning administrator to be inapplicable or unnecessary to appropriately evaluate the application:
      1.   A complete description of the proposed planned development including the zoning regulations being modified in the planned development and the planning objectives being met;
      2.   When the proposed planned development includes provisions for common open space or recreational facilities, a statement describing the provision to be made for the care and maintenance of such open space or recreational facilities;
      3.   A written statement with supporting graphics showing how the proposed planned development is compatible with other property in the neighborhood;
      4.   Plans, as required pursuant to chapter 21A.58 of this title;
      5.   Architectural graphics including floor plans, elevations, profiles and cross sections;
      6.   A preliminary subdivision plat, if required;
      7.   Traffic impact analysis, where required by the City Transportation Division; and
      8.   Other information or documentation the zoning administrator may deem necessary for proper review and analysis of a particular application.
   B.   Determination of Completeness: Upon receipt of an application for a planned development, the zoning administrator shall make a determination of completeness of the application pursuant to Section 21A.10.010 of this title.
   C.   Public Notification and Engagement:
      1.   Notice of Application for Administrative Review: Prior to the approval of an application that qualifies for administrative review, the planning director shall provide written notice as provided in Chapter 21A.10.020.B.
      2.   Required Notice for Planning Commission Review:
         a.   Applications subject to planning commission review are subject to the notification requirements of Chapter 2.60.
         b.   Any required public hearing is subject to the public hearing notice requirements found in Chapter 21A.10. (Ord. 3-26, 2026: Ord. 56-24, 2024: Ord. 8-18, 2018)

21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS:

The planning commission, or the planning director in the case of an administrative planned development, may approve, approve with conditions, or deny a planned development based upon written findings of fact according to each of the following standards. It is the responsibility of the applicant to provide written and graphic evidence demonstrating compliance with the following standards:
   A.   Planned Development Objectives: The planned development shall meet the purpose statement for a planned development (section 21A.55.010 of this chapter) and will achieve at least one of the objectives stated in said section. To determine if a planned development objective has been achieved, the applicant shall demonstrate that at least one of the strategies associated with the objective are included in the proposed planned development. The applicant shall also demonstrate why modifications to the zoning regulations are necessary to meet the purpose statement for a planned development. The Planning Commission should consider the relationship between the proposed modifications to the zoning regulations and the purpose of a planned development, and determine if the project will result in a more enhanced product than would be achievable through strict application of the land use regulations.
   B.   Master Plan Compatibility: The proposed planned development is generally consistent with adopted policies set forth in the Citywide, community, and/or small area Master Plan that is applicable to the site where the planned development will be located.
   C.   Design And Compatibility: The proposed planned development is compatible with the area the planned development will be located and is designed to achieve a more enhanced product than would be achievable through strict application of land use regulations. In determining design and compatibility, the Planning Commission should consider:
      1.   Whether the scale, mass, and intensity of the proposed planned development is compatible with the neighborhood where the planned development will be located and/or the policies stated in an applicable Master Plan related to building and site design;
      2.   Whether the building orientation and building materials in the proposed planned development are compatible with the neighborhood where the planned development will be located and/or the policies stated in an applicable Master Plan related to building and site design;
      3.   Whether building setbacks along the perimeter of the development:
         a.   Maintain the visual character of the neighborhood or the character described in the applicable Master Plan.
         b.   Provide sufficient space for private amenities.
         c.   Provide sufficient open space buffering between the proposed development and neighboring properties to minimize impacts related to privacy and noise.
         d.   Provide adequate sight lines to streets, driveways and sidewalks.
         e.   Provide sufficient space for maintenance.
      4.   Whether building facades offer ground floor transparency, access, and architectural detailing to facilitate pedestrian interest and interaction;
      5.   Whether lighting is designed for safety and visual interest while minimizing impacts on surrounding property;
      6.   Whether dumpsters, loading docks and/or service areas are appropriately screened; and
      7.   Whether parking areas are appropriately buffered from adjacent uses.
   D.   Landscaping: The proposed planned development preserves, maintains or provides native landscaping where appropriate. In determining the landscaping for the proposed planned development, the Planning Commission should consider:
      1.   Whether mature native trees located along the periphery of the property and along the street are preserved and maintained;
      2.   Whether existing landscaping that provides additional buffering to the abutting properties is maintained and preserved;
      3.   Whether proposed landscaping is designed to lessen potential impacts created by the proposed planned development; and
      4.   Whether proposed landscaping is appropriate for the scale of the development.
   E.   Mobility: The proposed planned development supports Citywide transportation goals and promotes safe and efficient circulation within the site and surrounding neighborhood. In determining mobility, the Planning Commission should consider:
      1.   Whether drive access to local streets will negatively impact the safety, purpose and character of the street;
      2.   Whether the site design considers safe circulation for a range of transportation options including:
         a.   Safe and accommodating pedestrian environment and pedestrian oriented design;
         b.   Bicycle facilities and connections where appropriate, and orientation to transit where available; and
         c.   Minimizing conflicts between different transportation modes;
      3.   Whether the site design of the proposed development promotes or enables access to adjacent uses and amenities;
      4.   Whether the proposed design provides adequate emergency vehicle access; and
      5.   Whether loading access and service areas are adequate for the site and minimize impacts to the surrounding area and public rights-of-way.
   F.   Existing Site Features: The proposed planned development preserves natural and built features that significantly contribute to the character of the neighborhood and/or environment.
   G.   Utilities: Existing and/or planned utilities will adequately serve the development and not have a detrimental effect on the surrounding area. (Ord. 56-24, 2024: Ord. 8-18, 2018)

21A.55.070: APPEAL OF THE DECISION:

Any person adversely affected by a final decision of the planning commission or planning director in the case of administrative planned developments, may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this title. The filing of the appeal shall not stay the pending the outcome of the appeal, except as provided for under Section 21A.16.030F of this title. (Ord. 56- 24, 2024: Ord. 48-21, 2021: Ord. 8-18, 2018)

21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT:

No planned development approval shall be valid for a period longer than one year unless a building permit has been issued or complete building plans have been submitted to the Division of Building Services and Licensing. The planning commission or planning director in the case of an administrative planned development, may grant an extension of a planned development for up to one additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact. Extension requests must be submitted prior to the expiration of the planned development approval. (Ord. 56-24, 2024: Ord. 8-18, 2018)

21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT:

The approval of a proposed planned development by the planning commission or planning director in the case of an administrative planned development, shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the regulations of the city, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval. (Ord. 56-24, 2024: Ord. 8-18, 2018)

21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN:

Following planned development approval, the development plan approved by the planning commission or planning director in the case of an administrative planned development, shall constitute the site design in relation to building placement and design, landscaping, mobility and circulation elements, and any elements that were approved as zoning modifications through the planned development process. Modifications to the development plan may be allowed pursuant to this section.
   A.   New Application Required for Modifications and Amendments: Modifications or amendments shall be subject to the provisions of this section.
   B.   Minor Modifications: The Planning Director may authorize minor modifications to the approved development plan pursuant to the provisions for modifications to an approved site plan Minor modifications shall be limited to the elements necessary in light of technical or engineering considerations or those that comply with the standards of the underlying zone, including:
      1.   Adjusting the distance as shown on the approved development plan between any one structure or group of structures, and any other structure or group of structures, or any vehicular circulation element or any boundary of the site;
      2.   Adjusting the location of any open space;
      3.   Adjusting any final grade;
      4.   Altering the types of landscaping elements and their arrangement within the required landscaping buffer area;
      5.   Signs;
      6.   Relocation or construction of accessory structures; or
      7.   Additions and modifications which comply with the standards of the underlying zone and do not affect the planned development approval.
   C.   Major Modifications: Any modifications to the approved development plan not authorized by Subsection B shall be considered to be a major modification. The planning commission or planning director in the case of an administrative planned development, shall give notice to all property owners consistent with notification requirements located in chapter 21A.10 of this title. The planning commission or planning director in the case of an administrative planned development, may approve an application for a major modification to the approved development plan, not requiring a modification of written conditions of approval or recorded easements, upon finding that any changes in the plan as approved will be in substantial conformity with the approved development plan. If the commission or planning director in the case of an administrative planned development, determines that a major modification is not in substantial conformity with the approved development plan, then the commission or planning director in the case of an administrative planned development, shall review the request in accordance with the procedures set forth in this section.
   D.   Other Modifications: Any modification to the planned development that complies with the standards of the underlying zoning district or overlay zoning district is allowed provided the modification does not violate a condition of approval or other requirement placed on the planned development as part of the approval of the application and required permits and approvals are obtained. (Ord. 3-26, 2026: Ord. 56-24, 2024: Ord. 8-18, 2018)

21A.55.105: SUBDIVISIONS AND PLANNED DEVELOPMENT APPROVAL:

A subdivision for a planned development may be approved as provided in this section.
   A.   Concurrent Review and Approval: A subdivision may be approved at the same time as a planned development if the subdivision complies with the approved planned development.
   B.   Subdivision following Planned Development Approval: After a planned development is approved, the property owner may submit an application authorized in Title 20 Subdivisions provided the application complies with the approved development plan and this section.
      1.   A subdivision shall comply with the provisions of Title 20 unless a specific provision is modified through the planned development or as authorized in Title 20. Any modification authorized in Title 20 shall not alter the approved planned development plans.
      2.   A subdivision that results in any common area, shared access, or private infrastructure shall provide appropriate cross access easements and shall include provisions for disclosure of future private maintenance costs to unit owners as required in Section 21A.55.110.
      3.   A planned development that approved buildings with dwellings may be subdivided to create lots or units provided the building locations remain unchanged on the development site. Modifications related to lot and building standards resulting from said subdivision may be administratively approved and are not considered modifications to the approved development plan. (Ord. 47A-25, 2025)

21A.55.110: DISCLOSURE OF PRIVATE INFRASTRUCTURE COSTS FOR PLANNED DEVELOPMENTS:

Planned developments, approved under this title after January 1, 1997, shall include provisions for disclosure of future private infrastructure maintenance and placement costs to unit owners.
   A.   Infrastructure Maintenance Estimates: Using generally accepted accounting principles, the developer of any planned development shall calculate an initial estimate of the costs for maintenance and capital improvements of all infrastructure for the planned development including roads, sidewalks, curbs, gutters, water and sewer pipes and related facilities, drainage systems, landscaped or paved common areas and other similar facilities ("infrastructure"), for a period of sixty (60) years following the recording of the subdivision plat or the estimated date of first unit occupancy of the planned development, whichever is later.
   B.   Initial Estimate Disclosure: The following measures shall be incorporated in planned developments to assure that owners and future owners have received adequate disclosure of potential infrastructure maintenance and replacement costs:
      1.   The cost estimate shall be recorded with and referenced on the recorded plat for any planned development. The initial disclosure estimate shall cover all private infrastructure items and shall be prepared for six (6) increments of ten (10) years each.
      2.   The recorded plat shall also contain a statement entitled "notice to purchasers" disclosing that the infrastructure is privately owned and that the maintenance, repair, replacement and operation of the infrastructure is the responsibility of the property owners and will not be assumed by the City.
      3.   The cost estimate shall be specifically and separately disclosed to the purchaser of any property in the planned development, upon initial purchase and also upon all future purchases for the duration of the sixty (60) year period.
   C.   Yearly Maintenance Statements: The entity responsible for the operation and maintenance of the infrastructure shall, at least once each calendar year, notify all property owners in the planned development of the estimated yearly expenditures for maintenance, repair, operation or replacement of infrastructure, and at least once each calendar year shall notify all property owners of the actual expenditures incurred, and shall specify the reason(s) for any variance between the estimated expenditures and the actual expenditures.
   D.   Maintenance Responsibilities: The property owners in a planned development shall be collectively and individually responsible, on a pro rata basis, for operating, maintaining, repairing and replacing infrastructure to the extent necessary to ensure that access to the planned development is available to the City for emergency and other services and to ensure that the condition of the private infrastructure allows for the City's continued and uninterrupted operation of public facilities to which the private infrastructure may be connected or to which it may be adjacent. (Ord. 8-18, 2018)

21A.58.010: PURPOSE STATEMENT:

The purpose of this chapter is to establish when zoning review and approval is required. Zoning review is intended to ensure a proposed development complies with the standards of this Title. Zoning approval documents the review and authorizes development pursuant to following all other permits or approvals required by the city. (Ord. 3-26, 2026)

21A.58.020: APPLICABILITY:

   A.   Zoning review and approval is required prior to:
      1.   Final approval of any application required by this title;
      2.   Modifications that affect a previously approved development plan;
      3.   Approval of a permit for a change of land use type or a development, as defined in section 21A.62.040, that requires compliance with the provisions of this title; or
      4.   Issuance of a business license involving a change of land use type or requiring site modifications to comply with this title.
   B.   Notwithstanding the provisions of this chapter, all land and structures shall be used, built and operated in conformity with this title. (Ord. 3-26, 2026)

21A.58.030: AUTHORITY:

   A.   The Zoning Administrator shall perform the zoning review and issue zoning approvals. The Zoning Administrator may request or consider comments received from City departments in the review process.
   B.   The Zoning Administrator may waive the requirements for zoning review and approval for changes that do not substantially affect a site or development plan do not substantially impact adjacent properties. (Ord. 3-26, 2026)

21A.58.040: ZONING APPROVAL:

   A.   Zoning approval shall be granted as follows:
      1.   Permit or business license: The zoning administrator shall perform zoning review of all permits or business licenses listed in section 21A.58.010. The permit or license shall only be issued after receiving zoning approval.
      2.   Certificate of appropriateness or record of decision: A certificate of appropriateness or record of decision shall also document a zoning approval whenever a building permit or business license is not required.
      3.   Zoning certificate: The zoning administrator may issue a zoning certificate to document an approval whenever a building permit or business license is not required, or when the certificate will facilitate the record of actions taken with respect to the authorized use of a particular parcel or site.
      4.   Zoning Verification: An applicant may request zoning approval through a zoning verification, as authorized by this chapter.
   B.   An exemption from a building permit, business license or certificate shall not be construed as an exemption to the standards of this title. (Ord. 3-26, 2026)

21A.58.050: ZONING VERIFICATION:

   A.   A zoning verification is a type of administrative interpretation that confirms the zoning designation of a specific property. It also informs an applicant of the present use of a property and if the use and structures on site conform with zoning standards.
   B.   An applicant may request a zoning verification to document the present condition of a specific property or to obtain zoning review and approval whenever a zoning review is not required.
   C.   Application:
      1.   Parties Entitled to Submit Application: An application for a zoning verification shall be made by the owner of the property or the property owner's authorized agent.
      2.   Submittal Requirements: The application shall contain all the applicable items for review in accordance with this chapter.
      3.   Fees: The application shall be accompanied by the applicable fees for an administrative interpretation shown on the Salt Lake City consolidated fee schedule. (Ord. 3-26, 2026)

21A.58.060: ZONING REVIEW SUBMITTAL REQUIREMENTS:

   A.   Plans submitted for zoning review and approval shall contain enough information to demonstrate compliance with the requirements of this title. All plans shall indicate the street address and tax parcel number of the property associated with the proposal.
   B.   Upon receipt of a zoning review request, the Zoning Administrator shall make a determination of the necessary documentation. The list of missing documentation shall be submitted to the applicant in writing.
   C.   A site plan is required for any development proposing or requiring changes to the site. All site plans submitted for review shall be drawn to scale, include a north arrow and legend, and contain the minimum information outlined below.
      1.   Residential development: A site plan for the review of a development that is exclusively residential shall contain:
         a.   Lot size and dimensions;
         b.   Setbacks and overhangs for setbacks;
         c.   Easements;
         d.   Property lines;
         e.   Topographical details, if the slope of the lot is greater than 10%;
         f.   Retaining walls;
         g.   Hard surface areas;
         h.   Curb and gutter elevations as indicated in the subdivision documents;
         i.   Existing and proposed utilities, including water meter and sewer lateral location, sewer, and subsurface drainage facilities;
         j.   Street names;
         k.   Driveway locations;
         l.   Defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103;
         m.   The location of the nearest hydrant;
         n.   A tabulation of the total number of dwelling units in the project and the overall project density in dwelling units per gross acre; and
         o.   Any other items specifically listed for an application authorized by this title.
      2.   Nonresidential or mixed use development: A site plan for the review of a nonresidential or mixed use development shall contain:
         a.   The street address and tax parcel number;
         b.   Indication of the present use of the subject property;
         c.   A vicinity map with north arrow and scale;
         d.   The boundaries of the subject property, all existing property lines, setback lines, existing streets, buildings, watercourses, waterways or lakes, wetlands, and other existing physical features in or adjoining the project;
         e.   Topographic survey, showing the elevation of streets, alleys, buildings, structures, watercourses and their names. The topography shall be shown by adequate spot elevations. Elevations of the top of bank and toe of slope, slope ratio of fill, and limits of fill, including access, shall be indicated;
         f.   Significant topographical or physical features of the site, including existing trees;
         g.   The location and dimensions of existing and proposed streets, alleys, parking and loading areas, outdoor lighting systems, sidewalks, curbs and gutters and all curb cuts;
         h.   The location and dimensions of existing and proposed buildings and structures, accessory and principal. The number of stories and height, use and the total square footage of the floor area by proposed use shall be indicated for all buildings;
         i.   The location, height, type and material of all fences and walls;
         j.   The proposed nature and manner of grading of the site, including proposed treatment of slopes in excess of ten percent (10%) to prevent soil erosion and excessive runoff;
         k.   The location of dumpsters or other outdoor trash receptacles;
         l.   The location and dimensions of proposed recreation areas, open spaces and other required amenities and improvements;
         m.   A tabulation of the total number of acres in the project and the percentage and acreage thereof proposed to be allocated to off street parking, open space, parks and other reservations;
         n.   A tabulation of the total number of dwelling units in the project and the overall project density in dwelling units per gross acre, if project contains a residential component;
         o.   The proposed and required off street parking and loading areas, including parking and access for persons with disabilities;
         p.   Proposed landscaping; and
         q.   Any other items specifically listed for an application authorized by this title.
   D.   The zoning administrator may require additional plans necessary to show compliance with standards. Required plans may include other architectural drawings, such as floor and roof plans, elevations, sections, or details.
   E.   Plans shall identify that the proposed development complies with the subdivision standards found in chapter 20.26 of the city code, unless otherwise exempt by other titles of this code.
   F.   The Zoning Administrator may waive any of the above listed requirements upon making a determination that such requirements are unnecessary due to the scope and nature of the proposed development. (Ord. 3-26, 2026)

21A.58.070: APPEAL:

Any person adversely affected by a final decision of the zoning administrator may appeal to the appeals hearing officer in accordance with the provisions of chapter 21A.16 of this title. (Ord. 3-26, 2026)

21A.59.010: PURPOSE STATEMENT:

The purpose of the design review chapter is to: a) establish a process and standards of review for minor modifications to applicable design standards, and b) ensure high quality outcomes for larger developments that have a significant impact on the city. The intent of the process to review applications for minor modifications to applicable design standards is to allow some flexibility in how the design standards are administered by recognizing that this title cannot anticipate all development issues that may arise. The intent of the process to review larger developments is to verify new developments are compatible with their surroundings, impacts to public infrastructure and public spaces are addressed, and that new development helps achieve development goals outlined in the adopted master plans of the city as identified in the purpose statements of each zoning district. (Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 14-19, 2019)

21A.59.020: AUTHORITY:

Design review shall be required pursuant to the provisions of this chapter for developments and alternate building and site design features as specified within individual zoning districts before building permits may be issued.
   A.   Administrative Review: The planning director may approve, approve with modifications, deny or refer to the planning commission modifications to specific design standards when proposed as new construction, an addition or modification to the exterior of an existing structure, or a modification to an existing structure as authorized in Section 21A.59.040, Table 21A.59.040 of this chapter or when authorized elsewhere in this title.
      1.   The director shall approve a request to modify a design standard if the director finds that the proposal complies with the purpose of the individual zoning district, the purpose of the individual design standards that are applicable to the project, the proposed modification is compatible with the development pattern of other buildings on the block face or on the block face on the opposite side of the street, and the project is compliant with the applicable design review objectives (Section 21A.59.050 of this chapter).
      2.   The director may approve a request to modify a design standard with conditions or modifications to the design if the director determines a modification is necessary to comply with the purpose of the base zoning district, the purpose of the applicable design standards of the base zoning, to achieve compatibility with the development pattern of other buildings on the block face or on the block face on the opposite side of the street, or to achieve the applicable design review objectives.
      3.   The director shall deny a request to modify a design standard if the design does not comply with the purpose of the base zoning district, the purpose of the applicable design standards or the applicable design review objectives and no modifications or conditions of approval can be applied that would make the design comply.
      4.   The director may forward a request to modify a design standard to the planning commission if the director finds that the request for modification is greater than allowed by this chapter, a person receiving notice of the proposed modification can demonstrate that the request will negatively impact their property, or at the request of the applicant if the director is required to deny the request as provided in this section.
   B.   Planning Commission Review: The following types of applications shall be reviewed by the planning commission. If an application for design review is not listed below, it shall be eligible for administrative review as outlined in Subsection A of this section:
      1.   All projects where planning commission review is required in the specific zoning district.
      2.   All projects that include a request for additional building height or a reduction to a minimum height requirement;
      3.   All projects that request additional square footage when authorized in the specific zoning district;
      4.   All projects that have applied for a modification of base zoning design standards but could not be approved administratively because they exceed limits identified in Section 21A.59.040, Table 21A.59.040 of this chapter.
   C.   Planning Commission Decisions: When reviewing design review applications, the planning commission may take any of the following actions:
      1.   The commission shall approve a project if it finds that the proposal complies with the purpose of the zoning district and applicable overlay district(s), the purpose of the individual design standards that are applicable to the project, and the project is compliant with the applicable design review objectives found in this chapter.
      2.   The commission may approve a project with conditions or modifications to the design if it determines a modification is necessary to comply with the purpose of the base zoning district, the purpose of the applicable design standards of the base zoning, or the applicable design review objectives.
      3.   The commission shall deny the design of a project if the design does not comply with the purpose of the base zoning district, the purpose of the applicable design standards or the applicable design review objectives and no modifications or conditions of approval can be applied that would make the design comply.
   D.   H Historic Preservation Overlay District: Modifications to design standards for properties within an H Historic Preservation Overlay District are subject to the processes and applicable standards outlined in Section 21A.34.020 of this title and not this chapter. (Ord. 47A-25, 2025: Ord. 56-24, 2024: Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 14-19, 2019)

21A.59.030: DESIGN REVIEW PROCESS:

   A.   Presubmittal Meeting: A presubmittal meeting with planning staff is recommended prior to submitting an application for design review to ensure a detailed understanding of the application submission requirements and design review process.
   B.   Complete Application: The design review application is considered complete when it includes all of the following:
      1.   All of the application information required for review as identified in Chapter 21A.58 of this title.
      2.   Photos showing the facades of abutting development, trees on the site, general streetscape character, and views to and from the site.
      3.   Streetscape study that illustrates how the building integrates with the block face. The study shall include the building height, height of the ground floor or building base, street facing façade length, front yard setback, and location of vehicular entrances of existing buildings. If the proposed building is located on a corner lot, the analysis shall incorporate both block faces.
      4.   Demonstration of compliance with the purpose of the individual zoning district in written narrative and graphic images.
      5.   Demonstration of compliance with the purpose of the applicable design standards of the individual zoning district in written narrative, graphic images, and relevant calculations.
      6.   Demonstration of compliance with the applicable design review objectives (Section 21A.59.060 of this chapter) in written narrative, graphics, images, and relevant calculations.
      7.   The zoning administrator may waive a submittal requirement if it is not necessary in order to determine if a request for a modification to a design standard complies with the standards of review.
   C.   Public Notification and Engagement:
      1.   Notice of Application for Administrative Review: Prior to the approval of an administrative decision for a modification to a specific design standard, the planning director shall provide written notice as provided in Chapter 21A.10 of this title.
      2.   Required Notice for Planning Commission Review:
         a.   Applications subject to planning commission review of this chapter are subject to notification requirements of Chapter 2.60 of this code.
         b.   Any required public hearing is subject to the public hearing notice requirements found in Chapter 21A.10 of this title. (Ord. 3-26, 2026: Ord. 51-25, 2025: Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 14-19, 2019)

21A.59.045: DESIGN REVIEW STANDARDS APPLICABILITY:

   A.   Design Review applications shall be reviewed for compliance with the design review standards of Section 21A.59.050 as follows:
      1.   General Modification Requests: Applications to modify a design standard in Chapter 21A.37, or other zoning standard specifically authorized for modification through design review, shall be reviewed for compliance with all the design review standards, with the following exceptions:
         a.   Subsection 21A.59.050.E is only applicable for modifications to a street facing façade length regulation;
         b.   Subsection 21A.59.050.G is only applicable for additional building height; and
         c.   A standard in Section 21A.59.050 may be considered met when the proposal complies with a corresponding design standard in Chapter 21A.37 and both standards align in purpose and intent.
   B.   Exception: For those applications required to be reviewed against all design review standards, if an application complies with a standard in the base zoning district or with an applicable requirement in Chapter 21A.37 of this title, and that standard is directly related to a standard found in this section, the planning commission shall find that application complies with the specific standard for design review found in this section.
      1.   If there is no directly related zoning district standard or applicable requirement in Chapter 21A.37 of this title related to the design review standard, then the design review standard applies, and the commission shall not by default make the above finding.
   C.   Alternatives: An applicant may propose an alternative to a standard for design review provided the proposal is consistent with the intent of the standard for design review. (Ord. 51-25, 2025: Ord. 47A-25, 2025: Ord. 24B-23, 2023: Ord. 24-23, 2023)

21A.59.050: STANDARDS FOR DESIGN REVIEW:

   A.   Any new development shall comply with the intent of the purpose statement of the zoning district and specific design regulations found within the zoning district in which the project is located as well as the city's adopted "urban design element" and adopted general plan policies and design guidelines governing the specific area of the proposed development.
   B.   Development shall be primarily oriented to the sidewalk, not an interior courtyard or parking lot by including:
      1.   Primary entrances that face the public sidewalk (secondary entrances can face a parking lot);
      2.   Building(s) located close to the public sidewalk, following the desired development patterns of the immediate vicinity; and
      3.   Parking located within, behind, or to the side of buildings.
   C.   Building facades shall facilitate pedestrian interest and interaction by including:
      1.   Active ground floor uses at or close to the public sidewalk;
      2.   Maximum transparency of street facing facades. Ground floor glass shall not have reflective treatments, be covered by interior walls or opaque signage, or use other similar features that prevent passers-by from seeing inside of the building for non-residential uses;
      3.   Traditional storefront elements such as sign bands, clerestory glazing, articulation, and architectural detail at window transitions on the ground floor. If the ground floor contains residential uses, each primary building entrance and individual unit entrance shall include a defined entry feature;
      4.   Buildings located on corner lots shall incorporate architectural features that emphasize the building's corner, including a prominent building entrance that is publicly accessible, transparent, and unobstructed; and
      5.   Outdoor dining patios, courtyards, plazas, habitable landscaped yards, and open spaces, if provided, should be situated so that they have a direct visual connection to the street or midblock walkway.
   D.   Building masses shall be divided into heights and proportions that minimize the perceived mass of the structure and relate to human scale by demonstrating compliance with the following standards:
      1.   Relate building scale and massing to the size and scale of the surrounding buildings, and context of the site, such as alignments with existing foundation lines, established cornice heights, building massing, stepbacks and vertical emphasis;
      2.   For buildings with more than three stories, compose the design of a building with a distinct base to create a sense of human scale orientation. For buildings taller than fifty feet (50'), the height of the base shall be at least twenty feet (20'). For buildings taller than one hundred feet (100'), the minimum base height should be three stories or be consistent with the existing street wall;
      3.   Include secondary architectural elements such as balconies, porches, vertical bays, belt courses, fenestration or window reveals; and
      4.   Reflect the scale and solid (wall) to void (window/door openings) ratio of the established character of the neighborhood or that which is desired in the general plan. Windows shall have a consistent spacing pattern and alignment.
   E.   This subsection is only applicable to buildings requesting additional street facing building façade length. Street facing building facades shall contribute to the character of the neighborhood, reinforce the established street wall, promote ground-level activation, create a sense of enclosure, and be designed to minimize negative impacts on the streetscape. The street facing building façade may only be increased up to twenty five percent (25%) of the allowed maximum in Section 21A.37.060, subject to the following standards:
      1.   Reductions to the ground floor use requirement of the underlying zoning district, as specified in Section 21A.37.060, are not permitted. For zoning districts without a designated ground floor use requirement, a minimum of seventy five percent (75%) of the ground floor shall contain qualifying active uses as defined in Section 21A.37.050.A.
      2.   Building facades that exceed the maximum street facing façade length shall be designed to reduce the perceived length of the façade and provide visual interest, by including elements such as:
         a.   Significant changes in wall plane measuring at least two feet (2');
         b.   Massing changes; or
         c.   Distinguished roof lines.
      3.   Exemptions:
         a.   The following land use are exempt from the maximum increase of twenty five percent (25%) of building façade and the reduction in ground floor use provision above: utility buildings and structures (other than the offices for utility providers), stadiums/arenas, libraries, convention centers, places of worship, government offices, public and private schools, universities, movie theaters, live performance theaters, and other similar general assembly land uses as determined by the zoning administrator.
         b.   Developments that comply with the affordability level in Table 21A.52.050.G Affordable Housing Incentives may exceed the building length by up to seventy five percent (75%) of the allowed maximum in Section 21A.37.060. Such developments shall be subject to Subsections 21A.52.050.E and F.
   F.   If provided, publicly accessible outdoor spaces shall include at least three (3) of the seven (7) following elements:
      1.   At least one sitting space for each two hundred fifty (250) square feet shall be included in the plaza. Seating shall be a minimum of sixteen inches (16") in height and thirty inches (30") in width. Ledge benches shall have a minimum depth of thirty inches (30");
      2.   Seasonal shade in the form of permanent shade structures, pergolas, or overhanging building elements such as canopies that enhance comfort and usability of the space;
      3.   Trees in proportion to the space at a minimum of one tree per eight hundred (800) square feet. At the time of planting, deciduous trees shall have a minimum trunk size of one and a half inches (1.5") in caliper, while evergreen trees shall have a minimum size of five feet (5') in height;
      4.   Water features or public art;
      5.   Outdoor dining areas;
      6.   Children's amenity space in the form of playgrounds, splash pads, or other similar features; or
      7.   Other amenities not listed above that provide a public benefit.
   G.   This subsection is only applicable to buildings requesting additional building height, as authorized in the underlying zoning district. Building height shall be modified to relate to human scale and minimize negative impacts by demonstrating compliance with the following standards:
      1.   Design tall buildings to minimize wind impacts on primary building entrances, parks and open space, and public and private outdoor amenity areas. Design elements may include a wind break above the first level of the building, recessed entryways or vestibules, or canopies;
      2.   Design and orient buildings to prevent snow, ice, or water from falling directly onto a public sidewalk, public space, neighboring property, or directly onto the walkway leading to the building entrance;
      3.   Roof-top mechanical equipment shall be screened from public view; and
      4.   Buildings abutting a landmark site shall feature at least one horizontal element on the street facing façade (base, belt course, frieze, cornice) that aligns with a corresponding element of the historic building. The alignment shall foster visual continuity and respect the historic context.
   H.   Parking and on site circulation shall be provided with an emphasis on making safe pedestrian connections to the sidewalk, transit facilities, or midblock walkway. Parking lots and structures shall be setback a minimum of twenty five feet (25') from required midblock pedestrian access locations or as required in the underlying zoning district if the underlying zoning requires a larger setback.
   I.   Screening of Service Areas: Service areas, loading facilities, refuse containers, utility meters, and similar areas shall be fully screened from public view or located along a side yard. 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.
   J.   Site and building lighting shall support pedestrian comfort and safety, neighborhood image, and dark sky goals.
      1.   Outdoor lighting should be designed for low-level illumination and to minimize glare and light trespass onto abutting properties and uplighting directly to the sky.
      2.   Coordinate lighting with architecture, signage, and pedestrian circulation to accentuate significant building features, improve sign legibility, and support pedestrian comfort and safety.
   K.   Streetscape improvements shall be provided as follows:
      1.   Impervious surfaces shall be utilized to differentiate privately-owned public spaces from public spaces. All paving for public sidewalks shall follow applicable design standards. Permitted materials for privately-owned public spaces shall meet the following standards:
         a.   Use materials that are durable (withstand wear, pressure, damage), require a minimum of maintenance, and are easily repairable or replaceable.
         b.   Where practical, as in lower-traffic areas, use materials that allow rainwater to infiltrate into the ground and recharge the water table.
         c.   Limit contribution to urban heat island effect by limiting use of dark materials and incorporating materials with a high Solar-Reflective Index (SRI).
         d.   Utilize materials and designs that have an identifiable relationship to the character of the site, the neighborhood, or Salt Lake City.
         e.   Use materials (like textured ground surfaces) and features (like ramps and seating at key resting points) to support access and comfort for people of all abilities.
         f.   Asphalt shall be limited to vehicle drive aisles. (Ord. 51- 25, 2025: Ord. 70-24, 2024: Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 14-19, 2019)

21A.59.060: TIME LIMIT ON APPROVED APPLICATIONS FOR DESIGN REVIEW:

No design review approval shall be valid for a period longer than one year from the date of approval unless a building permit is issued or a complete building plans and building permit applications have been submitted to the Division of Building Services and Licensing. An extension of one year may be granted by the entity that approved the application. Extension requests must be submitted prior to the expiration of the design review approval. (Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 14-19, 2019)

21A.59.070: EFFECT OF APPROVAL OF APPLICATIONS FOR DESIGN REVIEW:

   A.   The approval of a design review application shall authorize the preparation, filing and processing of applications for any permits or approval that may be required by the city, including, but not limited to, a building permit.
   B.   Following the approval of a design review application, any future alteration to the property, building or site shall comply with the approved design review application unless a modification is approved subject to the process outlined in this chapter. (Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 14-19, 2019)

21A.59.080: MODIFICATIONS TO APPROVED DESIGN REVIEW PLANS:

   A.   Minor Modifications: The planning director may authorize minor modifications to approved design review applications as listed below.
      1.   Dimensional requirements that are necessary in order to comply with adopted building codes, fire codes, or engineering standards. The modification is limited to the minimum amount necessary to comply with the applicable building code, fire codes, or engineering standard.
      2.   Minor changes to building materials provided the modification is limited to the dimension of the material, color of material, or texture of material. Changes to a different material shall not be considered a minor modification.
      3.   Modifications other than those listed in Subsections 1 and 2 that comply with an applicable standard in this Title provided the standard was not subject to a requested modification as part of this process or any other process authorized by this title and does not conflict with a specific condition of approval or a finding associated with the approval.
   B.   Other Modifications: Any other modifications not listed in Subsection A of this section shall be processed as follows:
      1.   If the proposed modification does not require a change to a condition of approval or a finding that was identified in a staff report or record of decision the matter may be reviewed by the planning commission, or in the case of administrative approvals, by the planning director, as a reconsideration of that specific modification subject to a public hearing for planning commission decisions or a notice of application for administrative approvals.
      2.   Any other modification shall require a new application and be subject to all required processes and standards. (Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 14-19, 2019)
TABLE 21A.55.060 PLANNED DEVELOPMENTS
District
Minimum Planned Development Size
District
Minimum Planned Development Size
Any district not specifically listed in this table
No minimum
Residential districts:
 
FR-1/43,560 Foothills Estate Residential District
5 acres
FR-2/21,780 Foothills Residential District
5 acres
FR-3/12,000 Foothills Residential District
5 acres
R-1/12,000 Single-Family Residential District
24,000 square feet
R-1/7,000 Single-Family Residential District
14,000 square feet
R-1/5,000 Single-Family Residential District
10,000 square feet
SR-1 and SR-1A Special Development Pattern Residential District
10,000 square feet
SR-3 Special Development Pattern Residential District
4,000 square feet
R-2 Single- and Two-Family Residential District
10,000 square feet
RMF-30 Low Density Multi-Family Residential District
9,000 square feet
RMF-35 and RMF-45 Moderate Density Multi-Family Residential District
9,000 square feet
RMF-75 High Density Multi-Family Residential District
9,000 square feet
Special purpose districts:
 
FP Foothills Protection District
32 acres
AG-2 Agricultural District
4 acres
AG-5 Agricultural District
10 acres
AG-20 Agricultural District
40 acres
 
(Ord. 3-26, 2026: Ord. 74C-25, 2025: Ord. 47A-25, 2025: Ord. 3-25, 2025: Ord. 8-18, 2018)
TABLE 21A.59.040
Design Standards
Primary Modification Allowed
Secondary Modification Allowed
Design Standards
Primary Modification Allowed
Secondary Modification Allowed
A. Ground Floor Use And Visual Interest:
 
 
1. Ground floor use only
Length: 10%
Depth: 20%
2. Ground floor use and visual interest
Planning Commission only
 
B. Building Materials:
 
 
1. Ground floor building materials
Planning Commission only
 
2. Upper floor building materials
Planning Commission only
 
C. Glass:
 
 
1. Ground floor glass
10%
 
2. Upper floor glass
10%
 
D. Building Entrances
10%
 
E. Maximum Length Of Blank Wall
10%
 
F. Maximum Length Of Street- Facing Facades
10%
 
G. Upper Floor Step Back:
 
 
1. For street facing facades
20%
 
2. For facades facing Single- or Two-Family Residential Districts
Planning Commission only
 
 
   B.   The Planning Commission may consider modifications that exceed allowances listed in this section or any other design standard modification authorized in the base zoning district or chapter 21A.37 of this title. (Ord. 58-25, 2025: Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 14-19, 2019)