Chapter 17.168
TRANSIT ORIENTED DEVELOPMENT DISTRICT TODlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459
17.168.010: PURPOSE:
17.168.020: TOD BOUNDARIES:
17.168.030: MUNICIPAL COUNCIL ADOPTS TOD GUIDELINES; CONFORMANCE WITH REQUIREMENTS:
17.168.040: DEFINITIONS:
17.168.050: USES:
17.168.060: AREA, WIDTH, FRONTAGE AND YARD REGULATIONS:
17.168.070: HEIGHT REGULATIONS:
17.168.080: GROUND FLOOR REQUIREMENTS:
17.168.090: PARKING REGULATIONS:
17.168.100: LOADING AND SERVICE AREAS:
17.168.110: BUILDINGS AND LOTS THAT STRADDLE THE TOD BOUNDARY:
17.168.120: OPEN SPACE:
17.168.130: ACCESS IMPROVEMENTS:
17.168.140: OBTAINING BUILDING PERMIT:

17.168.010: PURPOSE:linklink


The purpose of a transit oriented development district (TOD) is to encourage pedestrian oriented design, promote development and protect the public health, safety and welfare by preserving the unique character of existing areas for future use and development. The TOD encourages compact, mixed use development near transit stops. Carefully planned mixed uses, including neighborhood oriented commercial and restaurant space, provide increased opportunities for transit and pedestrian activity. It is established to preserve and encourage the pedestrian character of commercial areas and to promote street life and activity by regulating building orientation and design and accessory parking facilities while prohibiting certain high impact and automobile oriented uses. A TOD is facilitated by site and community design standards that:


A. Encourage high quality, compact development and increase the number of residents and workers within walking distance of transit opportunities;


B. Encourage a mix of high quality residential, office, commercial, live-work, open space, entertainment, recreation, public and institutional land uses;


C. Revitalize areas proximate to transit stations;


D. Improve the urban design in the area;


E. Encourage active community life within a framework of attractive and welcoming buildings and usable open spaces;


F. Coordinate the urban design and streetscape elements in order to create a distinct visual quality for the area;


G. Manage parking and access in a manner that enhances pedestrian safety, pedestrian mobility and quality urban design;


H. Efficiently use public and private resources by reducing parking requirements for development in close proximity to a transit stop;


I. Provide incentives for structured parking, new roads and public open spaces to enhance the design and function of the built environment;


J. Encourage a safe, attractive and comfortable environment for the pedestrian and bicyclist by providing public open spaces, public pedestrian walkways, wide sidewalks, bike lanes, street furniture, pedestrian scale lighting, street trees and other appropriate amenities. (Ord. 07-36 § 2)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153106
17.168.020: TOD BOUNDARIES:linklink

The TOD is centered in the Fireclay area around the TRAX light rail Murray North Station and is bounded by Big Cottonwood Creek on the north, fifteen feet (15') east of Main Street on the east, 4500 South Street on the south, and the D&RGW (Union Pacific) railroad tracks on the west. (Ord. 07-36 § 2)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153107
17.168.030: MUNICIPAL COUNCIL ADOPTS TOD GUIDELINES; CONFORMANCE WITH REQUIREMENTS:linklink

The Murray City municipal council shall adopt TOD guidelines. Property located within the TOD shall be developed in conformance with the provisions set forth herein and with the TOD guidelines. For purposes of this chapter, landscaping requirements and encroachment allowances shall be governed by the TOD guidelines. All uses shall meet the requirements and standards set forth in this chapter. (Ord. 07-36 § 2)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153108
17.168.040: DEFINITIONS:linklink

For purposes of this chapter, the following terms shall be defined as follows:

DEVELOPMENT PARCEL: A lot or contiguous lots under the control of a single development entity.

PRINCIPAL STREET: A collector or arterial street, including Main Street and Fireclay Avenue.

RENOVATION: Physical modification to a building that involves the entire building or has a substantial visual impact on the building or the surroundings. By way of illustration, renovation includes, without limitation, overall building design, exterior facades, site landscape and parking. (Ord. 07-36 § 2)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153109
17.168.050: USES:linklink


A. A use not specifically designated is prohibited. The inclusion of a major heading includes all subcategories listed under the major heading unless otherwise excepted. For example, listing 6900 miscellaneous service organizations includes all categories and subcategories listed from 6910 through 6999.


B. The following uses are permitted in the TOD:

Use No.   Use Classification  
1100   Household units (excepting 1110).  
1241   Retirement homes, independent living or congregate care.  
1511   Hotels.  
4100   Railroad, rapid rail transit, and street railway transportation.  
4210   Bus transportation (except 4214 and 4215).  
4210   Commercial parking lots and garages on a fee basis (except surface parking lots not associated with a permitted use).  
4601   No fee parking lots and garages (except surface parking lots not associated with a permitted use).  
4710   Telephone communications (except 4712).  
4730   Radio communications.  
4740   Television communications.  
4750   Radio and television communications, combined.  
4760   Recording and sound studios.  
4800   Utilities (offices, lines and right of way only; except 4812, 4813, 4822, 4823, 4832, 4842, 4843, 4845, 4850, 4861, and 4874).  
4920   Transportation services and arrangements (with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).  
5310   Department stores.  
5320   Mail order houses (no loading dock; deliveries and shipping only by van or small truck during normal business hours).  
5330   Variety stores.  
5350   Direct selling organizations (no loading dock; deliveries and shipping only by van or small truck during normal business hours; no outside storage).  
5390   General merchandise.  
5400   Food stores.  
5600   Apparel and accessories.  
5810   Eating places (except 5813; no drive-through sales).  
5910   Drug and proprietary.  
5920   Liquor, package (state store).  
5930   Antiques and secondhand merchandise (except 5935, 5938 and 5939 - construction materials).  
5940   Books, stationery, art, and hobby supplies.  
5950   Sporting goods, bicycles, and toys.  
5969   Garden supplies.  
5970   Jewelry.  
5990   Miscellaneous retail trade.  
6100   Finance, insurance, and real estate services (except 6112, 6123, 6124, 6141 - surety bail bonding only).  
6213   Dry cleaning (in no more than 7,500 square feet; no outside storage).  
6216   Self-service laundries.  
6218   Rug cleaning and repair (in no more than 7,500 square feet; no outside storage).  
6220   Photographic services.  
6230   Beauty and barber services.  
6241   Funeral home.  
6250   Apparel repair, alteration, and cleaning, shoe repair services (except 6256).  
6290   Personal services (except 6293, 6294).  
6310   Advertising services (office only; no outside storage; no billboards).  
6320   Consumer credit reporting services.  
6330   Duplicating, mailing, stenographic, and office services.  
6340   Dwelling and building services (office only, except 6342, 6345).  
6350   News syndicate services (office only).  
6360   Employment services.  
6390   Business services (office only, except 6394 and 6397).  
6420   Electrical appliance repair and service (except 6421 and 6426; in no more than 5,000 square feet; no outside storage).  
6493   Watch, clock, jewelry repair, engraving.  
6496   Locksmiths and key shops.  
6498   Saw, knife, lawn mower and tool sharpening (in no more than 5,000 square feet; no outside storage).  
6499   Miscellaneous small item repair (in no more than 5,000 square feet; no outside storage).  
6500   Professional services (office only, except 6513 and 6516).  
6516   Skilled nursing, convalescent and rest home facilities. (Does not include asylums.)  
6516.1   Assisted living facilities.  
6700   Governmental services (except 6714, 6740, 6750, and 6770).  
6800   Educational services.  
6900   Miscellaneous service organizations.  
7100   Cultural activities and nature exhibitions (except 7124).  
7210   Entertainment assembly (except 7213).  
7220   Sports assembly (except 7223 and 7224).  
7230   Public assembly.  
7391   Penny arcades and other coin operated amusements.  
7395   Card rooms.  
7396   Dance halls, ballrooms (includes dance clubs).  
7397   Billiard and pool halls.  
7399   Astrologers, bicycle rental, fortune tellers, tourist guides, phrenologist (office only).  
7413   Tennis courts.  
7414   Ice skating.  
7417   Bowling alleys.  
7420   Playgrounds and athletic areas.  
7425   Athletic clubs, bodybuilding studios.  
7432   Swimming pools and schools.  
7451   Archery range (indoor only).  
7492   Picnic areas.  
7600   Parks (public and private).  
8221   Veterinarian services (completely enclosed within a building; no overnight boarding).  
8224   Pet grooming (completely enclosed within a building; no overnight boarding).  


C. A development parcel may have more than one main building.


D. The following accessory structures and buildings, which are customarily used in conjunction with and are incidental to the principal uses and structures, are permitted:

1. Parking structures, and

2. Other accessory buildings which do not in aggregate have a footprint greater than twenty five percent (25%) of the footprint of the main buildings on a development parcel.


E. More than one permitted use may be located on a development parcel and within a building.


F. The following uses and structures are permitted in the TOD only after a conditional use permit has been approved by the planning commission and subject to the terms and conditions thereof:

Use No.   Use Classification  
1515   Transient apartments rented by day or week.  
2000   Manufacturing industries (handwork trades only with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).  
3220   Glass and glassware (pressed or blown; handwork trades only with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).  
3250   Pottery and related products (excepting 3251 and 3255; handwork trades only with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).  
3500   Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks (handwork trades only with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).  
3900   Miscellaneous manufacturing (handwork trades only with no more than 5 employees in no more than 2,500 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).  
5100   Wholesale trade (excepting 5110, 5120, 5150, 5162, 5169, 5170, 5181, 5182, 5185, 5191, 5192, 5193, 5198, 5199 - firearms and ammunition, charcoal, livestock and poultry feed, farm supplies, hay; with no more than 5 employees in no more than 5,000 square feet; no loading dock; deliveries and shipping only by van or small truck during normal business hours; no odors; no outside storage).  
5813   Short order eating places with no product specialty, auto oriented (drive-in or drive-through establishments, etc.).  
5820   Drinking places - alcoholic beverages.  
6112   Check cashing.  
6516   Sanatoriums, convalescent and rest home services. (Lodging and meals offered with full time medical staff. Does not include asylums.)  

(Ord. 16-41: Ord. 15-07: Ord. 07-40 § 3: Ord. 07-36 § 2)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153110
17.168.060: AREA, WIDTH, FRONTAGE AND YARD REGULATIONS:linklink


A. All main buildings shall front on either a public or private street including private pedestrian only streets, paths or courts. Buildings that front on a courtyard that fronts on a street shall be deemed to front on the street.


B. For development in the TOD east of Utah transit authority light rail lines, the front setback for main buildings, excepting courtyards and plazas, shall be between fifteen feet (15') and twenty five feet (25') from the back of curb and gutter. Up to fifty percent (50%) of the front setback may be greater than twenty five feet (25') if the additional front setback is developed as a courtyard or plaza. Main buildings may have detached components within a courtyard or plaza if the uses in the detached component enhance activity on the courtyard or plaza. In the case of pedestrian only streets, paths or courts, a minimum width of twenty five feet (25') from building face to building face shall be required.


C. The courtyard or plaza area shall be deemed to be a part of the front setback of the building.


D. Buildings located on a corner lot shall front on both streets.


E. All front setback areas shall be landscaped in accordance with the TOD guidelines.


F. Parking is not permitted in the front setback area of any building.


G. Maintenance buildings, trash collection and recycling areas, storage and service areas, mechanical equipment and loading docks shall not be permitted in the front setback of any building. Single or ganged utility meters or other service equipment may be located in the front setback of any building; provided, there are site constraints which preclude their access in a location elsewhere on site, and they are screened and approved by the city.


H. Maintenance buildings, trash collection and recycling areas, storage and service areas, mechanical equipment and loading docks shall be set back a minimum of twenty five feet (25') beyond the closest front setback.


I. The side lot area between nonadjoining buildings and the property line shall be developed as parking, plaza, landscaped open space, or a landscaped walkway with access to the sidewalk.


J. No parking lot or parking structure shall front principal streets except Main Street. A parking structure fronting on a nonprincipal street with office or retail uses along the entire frontage of the first floor, excluding drive lanes, shall have a front setback of between fifteen feet (15') and twenty five feet (25') from the back of curb and gutter. The parking structure front setback shall not be less than the setback of the main building.


K. Surface parking lots facing the street frontages other than principal streets shall have a minimum setback of fifteen feet (15') from the back of curb.


L. There shall be a minimum fifty foot (50') setback from the top of the bank of the Little Cottonwood Creek. (Ord. 07-36 § 2)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153111
17.168.070: HEIGHT REGULATIONS:linklink

There are no height restrictions in the TOD except as provided herein. (Ord. 07-36 § 2)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153112
17.168.080: GROUND FLOOR REQUIREMENTS:linklink


A. Main buildings, situated east of the UTA TRAX light rail lines or fronting principal streets, shall have ground floors with a minimum ceiling height of twelve feet (12') measured from floor deck to floor deck. For purposes of this section, main buildings shall not include townhouses.


B. Multi-story buildings designed for nonresidential uses on the ground floor shall have walls, partitions and floor/ceiling assemblies separating dwelling units from other spaces with a sound transmission classification (STC) of at least fifty (50) for airborne noise.


C. Main buildings fronting principal streets shall have ground floors developed and occupied by nonresidential uses. Nonresidential uses shall not include portions of the development used for parking, storage, maintenance, or other accessory uses provided for the residential component of the development.


D. West of Main Street, the portion of the ground floor of any building devoted to the sale of retail goods shall not exceed fifty thousand (50,000) square feet. (Ord. 15-07)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153113
17.168.090: PARKING REGULATIONS:linklink


A. For parking for buildings that exceed four (4) stories in height, at least seventy five percent (75%) of the parking shall be located within the exterior walls of the building or in a parking structure that is within seven hundred fifty feet (750') of the main building. For the purposes of this chapter, building height is determined by measuring the vertical distance from the average of the finished ground level adjoining the building at the exterior wall to a flat roof deck or, for sloped roofs, to the average height of the highest roof surface. Pursuant to section 17.76.080 of this title, the height limitations shall not apply to architectural screening for mechanical equipment, church spires, and decorative tower elements.


B. If more than twenty five percent (25%) of the off street parking is provided in surface parking lots, the minimum parking shall be:

1. For residential units with two (2) bedrooms or less, 1.5 stalls per unit.

2. For residential units with more than two (2) bedrooms, 1.85 stalls per unit.

3. When the office uses or net usable square footage is unknown, off street parking will be calculated at one parking stall for each two hundred sixty five (265) square feet of net usable office area or retail floor area.

4. All medical, dental and related office uses will require one off street parking stall for each two hundred sixty five (265) square feet of net usable office area.

5. All other office uses will be calculated at the ratio of three (3) off street parking stalls for each one thousand (1,000) square feet of net usable floor area.

6. Retail use parking shall be calculated at the rate of one parking space for each two hundred sixty five (265) square feet of net usable floor area.


C. If seventy five percent (75%) or more of the off street parking is provided within the main buildings or within parking structures with two (2) or more floors, and for properties west of the UTA Trax Station, the minimum parking shall be:

1. For residential units with two (2) bedrooms or less, 1.125 stalls per unit.

2. For residential units with more than two (2) bedrooms, 1.4 stalls per unit.

3. When the office uses or net usable square footage is unknown, off street parking will be calculated at one parking stall for each three hundred fifty (350) square feet of net usable office area or retail floor area.

4. All medical, dental and related office uses will require one off street parking stall for each three hundred fifty (350) square feet of net usable office area.

5. All other office uses will be calculated at the ratio of two and one-fourth (2.25) off street parking stalls for each one thousand (1,000) square feet of net usable floor area.

6. Retail use parking shall be calculated at the rate of one parking space for each three hundred fifty (350) square feet of net floor area.

7. On street parking adjacent to the development parcel shall not count toward the minimum parking required by this chapter.


D. Off street parking is not permitted in any fire lane, aisle space or front yard setback areas. (Ord. 14-12: Ord. 10-07 § 2: Ord. 08-02 § 2: Ord. 07-36 § 2)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153114
17.168.100: LOADING AND SERVICE AREAS:linklink

Trash collection and recycling areas, service and storage areas, mechanical equipment and loading docks shall be screened on all sides so that no portion of such areas are visible from the adjacent public streets or alleys and adjacent properties. Screening shall have a minimum height of eight feet (8') and may include accessory buildings, shrubbery and plantings, decorative walls, solid fences, screen panels, doors, topographic changes, buildings or any combination of the above. (Ord. 07-36 § 2)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153115
17.168.110: BUILDINGS AND LOTS THAT STRADDLE THE TOD BOUNDARY:linklink

If a building is partially within the TOD district and partially within another zoning district, the entire building shall conform to the requirements of the TOD district. The portion of any parcel within the TOD district shall conform to the requirements of the TOD district. (Ord. 07-36 § 2)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153116
17.168.120: OPEN SPACE:linklink


A. Twenty percent (20%) of the area of each parcel shall be developed as landscaped setbacks, courtyards, plazas, open space, or walkways.


B. Each parcel shall have a system of pedestrian walkways and sidewalks that provide connections between the building entrances, neighboring building entrances, sidewalks, parking areas, open space and public trails. (Ord. 07-36 § 2)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153117
17.168.130: ACCESS IMPROVEMENTS:linklink


A. Construction of new buildings or renovations of existing buildings shall include construction and installation of the adjacent sidewalks, park strips and other landscaping, curbs, gutters, lighting, and street furniture in conformance with the TOD design guidelines adopted pursuant to this chapter.


B. Private streets shall be installed within any project in which the main buildings do not front on a public street.


C. The improvements within the rights of way for the principal streets shall include:

1. Paved sidewalks adjacent to the private property line shall be installed according to city specifications established by the city engineer and in conformance with the TOD design guidelines adopted pursuant to this chapter.

2. Park strip between the sidewalk and the curb installed in conformance with the TOD design guidelines adopted pursuant to this chapter and which shall contain appropriate tree plantings and landscaping in accordance with the TOD guidelines.

3. Pedestrian lighting.

4. Benches.

5. Trash receptacles.


D. The improvements within the public rights of way and adjacent to nonprincipal streets and private streets shall include:

1. Paved sidewalks installed in conformance with the TOD design guidelines adopted pursuant to this chapter.

2. Park strip between the sidewalk and the curb installed in conformance with the TOD design guidelines adopted pursuant to this chapter and which shall contain appropriate tree plantings and landscaping in accordance with the TOD guidelines.

3. Pedestrian lighting.

4. Benches within passenger loading areas.

5. Trash receptacles within fifteen feet (15') of entry and exit doors of any retail establishment. (Ord. 07-36 § 2)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153118

The section below has been affected by a recently passed ordinance, 18-22 - LIGHTING STANDARDS. Go to new ordinance.

17.168.140: OBTAINING BUILDING PERMIT:linklink


A. No person shall obtain a building permit for new construction or for renovation of existing buildings that exceed twenty five percent (25%) of the assessed value of the buildings without first preparing and presenting the information required by this section, paying the applicable design review fee, and receiving design approval from the community development division.


B. The city shall review the plans for conformance with the requirements of this code and the TOD design guidelines that have been adopted by the Murray City municipal council. The city shall determine the following before approval is given:

1. The project is in general conformance with the Murray City general plan.

2. The project is in general conformance with the specific area plan, if any, adopted for the area.

3. The project conforms with the requirements of the applicable sections of the zoning ordinance.

4. The project does not jeopardize the health, safety, or welfare of the public.

5. The project conforms to the applicable standards outlined in the TOD design review guidelines.


C. If the city denies approval of the submitted plans, the denial shall be accompanied by a letter indicating the areas where the plans must be changed to obtain approval.


D. A denial of approval by the city may be appealed to the appeal authority.


E. Applicants for design review and approval shall submit any or all of the following information, as requested by the city:

1. Project identification information including the project name, the specific location of the project including street addresses and parcel Sidwell numbers, applicant name and representatives (if any other than applicant); and proposed uses.

2. Vicinity map or aerial photo with site plan overlay, to scale, showing the project location in relationship to neighboring buildings and the surrounding area.

3. Grading plan.

4. Site plan, to scale, showing proposed parking, loading and service areas, and vehicular and pedestrian circulation.

5. Detailed elevations of all sides of the proposed building and other exterior elements, including exterior building materials.

6. Sign plan.

7. Landscape plan.

8. Exterior lighting plan.

9. Floor plans.

10. Utilities plan.

11. Drainage plan.

12. Other design information requested by the city.


F. Three (3) copies of each plan must be submitted to the city. The city shall retain one copy of the plans. One copy of the plans shall be returned to the applicant stamped to show the approval or the denial of approval. In addition to the improvements to be built on the applicant's property, submitted plans must include improvements to be built in the public rights of way.


G. If the construction of building improvements has not commenced within eighteen (18) months of the design approval or if construction has ceased for a period of one year or longer, the design approval shall expire. Applicants may request an extension of up to six (6) calendar months during the final month prior to expiration. After the expiration of a design approval, the applicant shall be required to resubmit the plans, pay the design review approval fee, and obtain design approval prior to the issuance of a building permit. (Ord. 14-10: Ord. 07-36 § 2)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=8459#s1153119