Chapter 21A.40
ACCESSORY USES, BUILDINGS AND STRUCTURESlinklink

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21A.40.010: PURPOSE STATEMENT:
21A.40.020: GENERAL AUTHORIZATION:
21A.40.030: ZONING COMPLIANCE REQUIRED:
21A.40.040: USE LIMITATIONS:
21A.40.050: GENERAL YARD, BULK AND HEIGHT LIMITATIONS:
21A.40.052: ACCESSORY USES ON ACCESSORY LOTS (REP. BY ORD. 61-11, 2011):
21A.40.060: DRIVE-THROUGH FACILITY REGULATIONS:
21A.40.065: OUTDOOR DINING:
21A.40.070: MOTOR FUEL PUMP REGULATIONS:
21A.40.080: ACCESSORY STORAGE OF FLAMMABLE LIQUIDS:
21A.40.090: ANTENNA REGULATIONS:
21A.40.100: RESERVED:
21A.40.110: AUTOMATIC AMUSEMENT DEVICES (REP. BY ORD. 73-11, 2011):
21A.40.120: REGULATION OF FENCES, WALLS AND HEDGES:
21A.40.130: ACCESS FOR PERSONS WITH DISABILITIES:
21A.40.140: JUNK VEHICLES AND MATERIALS:
21A.40.150: SEASONAL FARM STANDS:
21A.40.160: GROUND MOUNTED UTILITY BOXES:
21A.40.170: CREMATORIUMS:
21A.40.180: SMALL WIND ENERGY SYSTEMS:
21A.40.190: SMALL SOLAR ENERGY COLLECTION SYSTEMS:
21A.40.200: ACCESSORY DWELLING UNITS:

21A.40.010: PURPOSE STATEMENT:linklink


This chapter is intended to provide general regulations, applicable to all zoning districts, for accessory uses, buildings and structures which are customarily incidental and subordinate to the principal use and which are located on the same lot. It is further intended to provide specific standards for certain accessory uses, buildings and structures. (Ord. 26-95 § 2(20-0), 1995)
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21A.40.020: GENERAL AUTHORIZATION:linklink

Except as otherwise expressly provided or limited in this chapter, accessory uses, buildings and structures, as defined in chapter 21A.62 of this title, are permitted in any zoning district in connection with any principal use lawfully existing within such district; provided, that such accessory uses and structures conform to all applicable requirements of this title. Any accessory use, building or structure may be approved in conjunction with the approval of the principal use. (Ord. 26-95 § 2(20-1), 1995)
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21A.40.030: ZONING COMPLIANCE REQUIRED:linklink

No accessory use, building or structure shall be established or constructed unless it complies with the zoning ordinance and proper building permits, if required, have been obtained. Accessory buildings associated with keeping animals, bees, livestock and poultry are not subject to this chapter or the building coverage limits of the respective zoning district but are subject to the provisions of title 8, "Animals", of this code. (Ord. 20-11, 2011)
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21A.40.040: USE LIMITATIONS:linklink

In addition to the applicable use limitations of the district regulations, no accessory use, building or structure shall be permitted unless it complies with the restrictions set forth below:


A. An accessory use, building or structure shall be incidental and subordinate to the principal use or structure in area, extent and purpose;


B. An accessory use, building or structure shall be under the same ownership or control as the principal use or structure, and shall be, except as otherwise expressly authorized by the provisions of this title, located on the same lot as the principal use or structure;


C. No accessory use, building or structure shall be established or constructed before the principal use is in operation or the structure is under construction in accordance with these regulations; and


D. No sign, except as expressly authorized by this chapter or by the provisions of chapter 21A.46 of this title, shall be maintained in connection with an accessory use or structure. (Ord. 26-95 § 2(20-3), 1995)

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21A.40.050: GENERAL YARD, BULK AND HEIGHT LIMITATIONS:linklink

All accessory buildings permitted by this chapter shall be subject to the following general requirements:


A. Location Of Accessory Buildings In Required Yards:

1. Front Yards: Accessory buildings are prohibited in any required front yard and shall be set back at least as far as the principal building when the principal building exceeds the required front yard setback. Notwithstanding the foregoing, hoop houses and cold frame structures up to twenty four inches (24") in height may be placed in a front yard.

2. Corner Lots: No accessory building on a corner lot shall be closer to the street than the distance required for corner side yards. At no time, however, shall an accessory building be closer than twenty feet (20') to a public sidewalk or public pedestrianway and the accessory building shall be set back at least as far as the principal building. Notwithstanding the foregoing, hoop houses and cold frame structures up to twenty four inches (24") in height may be placed in a corner side yard.

3. Side Yards: Accessory buildings are prohibited in any required interior side yard; however, hoop houses, greenhouses, and cold frame structures associated solely with growing food and/or plants are allowed in an interior side yard but no closer than one foot (1') to the corresponding lot line. If an addition to residential buildings results in an existing accessory building being located in a side yard, the existing accessory building shall be permitted to remain, subject to maintaining a four foot (4') separation from the side of the accessory building to the side of the residential building, as required in subsection A4b of this section.

4. Rear Yards: Location of accessory buildings in a rear yard shall be as follows:

a. In residential districts, no accessory building shall be closer than one foot (1') to a side or rear lot line except when sharing a common wall with an accessory building on an adjacent lot. In nonresidential districts, buildings may be built to side or rear lot lines in rear yards, provided the building complies with all applicable requirements of the adopted building code.

b. No portion of the accessory building shall be built closer than four feet (4') to any portion of the principal building; excluding cold frames associated solely with growing food and/or plants.

c. Garages on two (2) or more properties that are intended to provide accessory building use for the primary occupants of the properties, in which the garage is located, may be constructed in the rear yards, as a single structure subject to compliance with adopted building code regulations and the size limits for accessory buildings on each property as indicated herein.

5. Accessory Or Principal Lot: No portion of an accessory building on either an accessory or principal lot may be built closer than ten feet (10') to any portion of a principal residential building on an adjacent lot when that adjacent lot is in a residential zoning district; excluding hoop houses, greenhouses, and cold frames associated solely with growing food and/or plants.


B. Maximum Coverage:

1. Yard Coverage:

a. In residential districts, any portion of an accessory building, excluding hoop houses, greenhouses, and cold frames associated solely with growing food and/or plants, shall occupy not more than fifty percent (50%) of the total area located between the rear facade of the principal building and the rear lot line.

b. The combined coverage for all hoop houses, greenhouses, and cold frames shall not exceed ten percent (10%) when located on vacant lots or, when located on a lot with a principal building, shall not exceed fifteen percent (15%) of the total area located between the rear facade of the principal building and the rear lot line plus the side yard area between the front and rear facades of the principal building.

2. Building Coverage:

a. In the FR, R-1, R-2 and SR residential districts the maximum building coverage of all accessory buildings, excluding hoop houses, greenhouses, and cold frames associated solely with growing food and/or plants, shall not exceed fifty percent (50%) of the building footprint of the principal structure up to a maximum of seven hundred twenty (720) square feet for a single-family dwelling and one thousand (1,000) square feet for a two-family dwelling. The maximum footprint for a primary accessory structure within the SR-1A is limited to four hundred eighty (480) square feet with an additional one hundred twenty (120) square feet allowed for a secondary accessory structure. Notwithstanding the size of the footprint of the principal building, at least four hundred eighty (480) square feet of accessory building coverage shall be allowed subject to the compliance with subsection B1 of this section.

b. The combined coverage for all hoop houses, greenhouses, and cold frames shall not exceed thirty five percent (35%) of the building footprint of the principal structure.


C. Maximum Height Of Accessory Buildings/Structures:

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

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

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

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

2. Accessory To Residential Uses In The FR, R-1 Districts, R-2 District And SR Districts: The height of accessory buildings/structures in the FR districts, R-1 districts, R-2 district and SR districts shall conform to the following:

a. The height of accessory buildings with flat roofs shall not exceed twelve feet (12'); nine feet (9') measured from established grade in the SR-1A;

b. The height of accessory buildings with pitched roofs shall not exceed seventeen feet (17') measured as the vertical distance between the top of the roof and the established grade at any given point of building coverage. In the SR-1A the height of accessory buildings with pitched roofs shall not exceed fourteen feet (14'); and

c. Accessory buildings with greater building height may be approved as a special exception, pursuant to chapter 21A.52 of this title, if the proposed accessory building is in keeping with other accessory buildings on the block face. (Ord. 82-12, 2012: Ord. 59-12, 2012: Ord. 51-11, 2011: Ord. 20-11, 2011)

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21A.40.052: ACCESSORY USES ON ACCESSORY LOTS:linklink

(Rep. by Ord. 61-11, 2011)
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21A.40.060: DRIVE-THROUGH FACILITY REGULATIONS:linklink


A. Purpose: The regulations of this section are intended to allow for drive-through facilities by reducing the negative impacts they may create. Of special concern are noise from idling cars and voice amplification equipment, lighting, and queued traffic interfering with on site and off site traffic and pedestrian flow. The specific purposes of this section are to:

1. Reduce noise, lighting, and visual impacts on abutting uses, particularly residential uses;

2. Promote safer and more efficient on site vehicular and pedestrian circulation;

3. Reduce conflicts between queued vehicles and traffic on adjacent streets.


B. Applicability And Permit Requirements:

1. These regulations shall apply to all new drive-through facilities, any rebuild or replacement of an existing structure containing a drive-through facility or modification to an existing building that includes altering the location of an existing drive-through window, expands the floor area by twenty five percent (25%) or more of the gross floor area or one thousand (1,000) square feet, whichever is less and/or the parking requirement increases as required by this title. The complete replacement of a building containing a nonconforming drive-through is subject to chapter 21A.38, "Nonconforming Uses And Noncomplying Structures", of this title.

2. Drive-through facilities may be authorized as accessory uses to permitted uses or conditional uses as listed on the tables of permitted and conditional uses set forth in part III of this title, specific district regulations for residential, commercial, manufacturing, downtown, gateway, and special purpose districts when developed in accordance with the standards of this section.


C. Additional Application Materials Required: In addition to the site plan and standard application requirements as set forth in chapter 21A.58 of this title, an applicant for a business with drive-through facilities shall submit a site plan that includes: a parking and circulation plan, driveway locations, placement of audio equipment (if this type of equipment will be used) and a litter cleanup plan. A litter cleanup plan shall address litter cleanup on site and off site and shall include, but not be limited to, a litter pick up schedule and a map of the cleanup area.


D. Standards:

1. Stacking Lane Standards: These standards ensure that there is adequate on site maneuvering and circulation areas, ensure that stacking vehicles do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts on abutting residential lots.

a. Gasoline Pumps: A minimum of thirty six feet (36') of stacking lane is required between a curb cut and the nearest gasoline pump;

b. Other Drive-Through Facilities:

(1) Primary Facilities: A minimum of one hundred twenty feet (120') for a single stacking lane or sixty feet (60') per lane when there is more than one stacking lane, is required for all other drive-through facilities. A stacking lane is measured back to the point of service or final service window. Stacking lanes do not have to be linear.

(2) Accessory Facilities: A stacking lane is not required for accessory facilities where vehicles do not routinely stack up while waiting for the service. Examples are window washing, air compressor, and vacuum cleaning stations;

c. Stacking Lane Design And Layout: Stacking lanes must be designed so that they do not interfere with parking and vehicle circulation; and

d. Stacking Lanes Identified: All stacking lanes must be clearly identified, through the use of means such as striping, landscaping, and signs.

2. Traffic Circulation Requirements:

a. Only one driveway providing vehicular access to and from the drive-through window or service area shall be provided from any street;

b. The driveway providing access to the service windows shall be at least fifty feet (50') from the back of the curb of an intersecting street measured to the centerline of the proposed driveway;

c. Internal traffic circulation patterns on the lot shall be adequate to keep traffic from backing into a street or blocking access to any required parking spaces located on the lot; and

d. A traffic study addressing both on site and off site traffic and circulation impacts may be required as part of a permit application for a drive-through facility.

3. Noise Levels: Noise emitted from drive-through service windows and related features (such as remote ordering equipment at outdoor menu boards at fast food restaurants) shall not exceed the levels as established by the Salt Lake Valley Health Department. Noise generating equipment includes, but is not limited to, items such as speakers, mechanical car washes, vacuum cleaners, and exterior air compressors.

4. Air Quality: Drive-through facilities shall post Idle Free signs pursuant to title 12, chapter 12.58 of this Code.

5. Accessibility:

a. Direct pedestrian entry through the front of the building shall be provided from public streets and sidewalks to the building entrance. Crossing driveways, stacking lanes or parking areas shall be avoided.

b. Well articulated pedestrian routes and zones shall be provided on the site, linking building entrances and parking areas.

c. Decorative paving, or similar material, complemented by landscaping, shall be used where appropriate to delineate these linkages.


E. Findings Required For Approval: The approval of a drive-through facility shall require that the review authority first make all of the following findings:

1. The proposed location of the drive-through facility will not result in adverse impacts upon the vicinity after giving consideration to a litter cleanup plan, the hours of operation, noise and light generation, traffic circulation, and the site plan;

2. The proposed parking and circulation plan will provide adequate area for safe stacking and maneuvering of vehicles, and the site design will provide adequate buffering of the use from adjoining land uses;

3. When a drive-through use adjoins any residentially used or residentially zoned property, a minimum six foot (6') high masonry wall or solid fence shall be erected and maintained along such property line;

4. The site plan meets the accessibility standards required in this section. (Ord. 46-17, 2017: Ord. 60-14, 2014)

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21A.40.065: OUTDOOR DINING:linklink

"Outdoor dining", as defined in chapter 21A.62 of this title, shall be allowed within the buildable lot area, in all zoning districts where such uses are allowed, as either a permitted or conditional use. Outdoor dining in the public way shall be permitted subject to all City requirements.

Outdoor dining is allowed within the required landscaped yard or buffer area, in commercial and manufacturing zoning districts where such uses are allowed. Outdoor dining is allowed in the RB, CN, MU, R-MU, RMU-35 and the RMU-45 Zones and for nonconforming restaurants and similar uses that serve food or drinks through the provisions of the special exception process (see chapter 21A.52 of this title). All outdoor dining shall be subject to the following conditions:


A. All requirements of chapter 21A.48 and section 21A.36.020 of this title are met.


B. All required business, health and other regulatory licenses for the outdoor dining have been secured.


C. A detailed site plan demonstrating the following:

1. All the proposed outdoor dining activities will be conducted on private property owned or otherwise controlled by the applicant and that none of the activities will occur on any publicly owned rights-of-way unless separate approval for the use of any such public rights-of-way has been obtained from the City;

2. The location of any paving, landscaping, planters, fencing, canopies, umbrellas or other table covers or barriers surrounding the area;

3. The proposed outdoor dining will not impede pedestrian or vehicular traffic; and

4. The main entry has a control point as required by State liquor laws.


D. The proposed outdoor dining complies with all conditions pertaining to any existing variances, conditional uses or other approvals granted for property.


E. Live music will not be performed nor loudspeakers played in the outdoor dining area unless the decibel level is within conformance with the Salt Lake City noise control ordinance, title 9, chapter 9.28 of this Code.


F. No additional parking is required unless the total outdoor dining area ever exceeds five hundred (500) square feet. Parking for outdoor dining areas in excess of five hundred (500) square feet is required at a ratio of two (2) spaces per one thousand (1,000) square feet of outdoor dining area. No additional parking is required in the D-1, D-2, D-3, D-4, TSA, or G-MU Zone.


G. Smoking shall be prohibited within the outdoor dining area and within twenty five feet (25') of the outdoor dining area.


H. The proposed outdoor dining complies with the environmental performance standards as stated in section 21A.36.180 of this title.


I. Outdoor dining shall be located in areas where such use is likely to have the least adverse impacts on adjacent properties. (Ord. 58-41, 2014)

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21A.40.070: MOTOR FUEL PUMP REGULATIONS:linklink

When established pursuant to uses permitted or conditional within the applicable district regulations, all motor fuel pumps shall conform to the requirements below:


A. Location: No motor fuel pumps or islands shall be erected closer than twelve feet (12') to any lot line, required landscape yard, front or side yard or within any "sight distance triangle" as defined in chapter 21A.62 of this title.


B. Safety Curbs Required: All uses for which motor fuel pumps or islands shall be made a part, shall erect a safety curb around the perimeter of all paved areas. All such curbs shall be of approved construction. The curbs shall be located so that no vehicle overhangs any public right of way or adjoining property.


C. Gas Pumps At Convenience Food Stores: In addition to the requirements of subsections A and B of this section, the location of motor fuel pumps at convenience food stores shall be approved by the zoning administrator, where the location of such pumps satisfies the following criteria:

1. Pumps should be visible to the motorist on the street;

2. Pumps should be visible from the store;

3. Pumps should be located on the site in a manner which does not interfere with easy access into or egress from the site at established driveway entrances;

4. Pumps should be located and oriented so all cars in line for motor fuel can be accommodated on site and not block the sidewalk, the street, or any other portion of the public right of way;

5. Pumps should be so located to avoid conflict between cars going to motor fuel pumps and those going to parking spaces. On site circulation should be clearly marked and must reflect established design standards for moving aisles, parking dimensions, and turning radii;

6. Pump location, and vehicular access to and exit from pumps, should not conflict with established pedestrian or bicycle approaches to the store; and

7. Lighting shall be oriented so as not to cast direct light onto adjacent properties. (Ord. 26-95 § 2(20-6), 1995)

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21A.40.080: ACCESSORY STORAGE OF FLAMMABLE LIQUIDS:linklink

Storage of flammable liquids shall be permitted as accessory to a permitted or conditional use subject to the following conditions:


A. Storage facilities shall not be located in any required landscaped area;


B. Storage facilities shall not be located in a manner that will interfere with parking and vehicular circulation areas; and


C. The location and size of flammable liquid storage facilities shall be subject to Salt Lake City fire department approval. (Ord. 26-95 § 2(20-7), 1995)

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21A.40.090: ANTENNA REGULATIONS:linklink

All antennas shall comply with the following regulations and all other ordinances of the city and any pertinent regulations of the federal communications commission and the federal aviation administration:


A. TV Antennas: TV antennas shall be permitted in any zoning district, subject to the following restrictions:

1. In residential districts, one rooftop antenna shall be permitted per dwelling;

2. In nonresidential districts, more than one rooftop TV antenna shall be permitted per structure;

3. The maximum dimension, whether height, length or diameter, of any TV antenna shall not exceed ten feet (10'); and

4. Each TV antenna shall be located on that portion of a hip, gable or gambrel roof which does not face a public street. On flat roofs an antenna shall be located to minimize public view.


B. Satellite Dish Antennas: Satellite dish antennas shall be permitted in any zoning district, provided that they meet the criteria set forth below:

1. Residential Districts: No more than one satellite dish antenna may be installed per dwelling unit.

a. A ground mounted satellite dish antenna in residential districts shall not be larger than sixty six inches (66") in diameter and the maximum height of the dish and support structure shall not exceed eight feet (8').

b. Satellite dish antennas eighteen inches (18") or less in diameter shall be allowed on the roof.

2. Nonresidential Districts:

a. Roof, wall or ground mounted satellite dish antennas are permitted.

b. Rooftop antennas shall be screened. Ground mounted antennas shall be located in the rear yard or behind the building.

3. Nameplates Only: No satellite dish shall contain any sign or advertising material, except for an identification nameplate.


C. Communication Towers: Communication towers are permitted in certain nonresidential districts. Refer to the tables of permitted and conditional uses set forth in part III of this title for the applicable district regulations.


D. Amateur Radio Facilities With Surface Area Exceeding Ten Square Feet: Any antenna and antenna support having a combined surface area greater than ten (10) square feet or having any single dimension exceeding twelve feet (12') that is capable of transmitting as well as receiving signals and is licensed by the Federal Communications Commission as an amateur radio facility shall be permitted as an accessory use, but only in compliance with the regulations set forth below:

1. Number Limited: No more than one such antenna or antenna support structure with a surface area greater than ten (10) square feet or any single dimension exceeding twelve feet (12') may be located on any lot.

2. Height Limited: No such antenna and its support structure shall, if ground mounted, exceed seventy five feet (75') in height or, if attached to a building pursuant to subsection D3 of this section, the height therein specified.

3. Attachment To Buildings Limited: No such antenna or its support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied:

a. Height: The antenna and its support structure shall not extend more than twenty feet (20') above the highest point of the building on which it is mounted.

b. Mounting: The antenna and its support structure shall not be attached to or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front or corner side of any principal building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of eighty (80) miles per hour without the use of supporting guywires.

c. Grounding: The antenna and its support structure shall be bonded to a grounding rod.

d. Other Standards: The antenna and its support structure shall satisfy such other design and construction standards as the Zoning Administrator determines are necessary to ensure safe construction and maintenance of the antenna and its support structure.

e. Special Exception For Increased Height: Any person desiring to erect an amateur ("ham") radio antenna in excess of seventy five feet (75') shall file an application for a special exception with the Zoning Administrator pursuant to chapter 21A.52 of this title. In addition to the other application regulations, the application shall specify the details and dimensions of the proposed antenna and its supporting structures and shall further specify why the applicant contends that such a design and height are necessary to accommodate reasonably amateur radio communication. The Zoning Administrator shall approve the proposed design and height unless the Zoning Administrator finds that a different design and height which is less violative of the City's demonstrated health, safety or aesthetic considerations also accommodates reasonably amateur radio communication and, further, that the alternative design and height are the minimum practicable regulation necessary to accomplish the City's actual and demonstrated legitimate purposes. The burden of proving the acceptability of the alternative design shall be on the City.


E. Wireless Telecommunications Facilities; Low Power Radio Services Facilities: The purpose of this section is to address planning issues brought on by the rapid growth in demand for low power radio services. This section distinguishes low power radio from other broadcasting type telecommunication technologies and establishes provisions that deal with issues of demand, visual mitigation, noise, engineering, residential impacts, health, safety and facility siting. The requirements of this section apply to both commercial and private low power radio services. Low power radio services facilities include "cellular" or "PCS" (personal communications system) communications and paging systems.

1. Uses: The uses specified in table 21A.40.090E of this section, indicate which facility types are allowed as either a permitted or conditional use within specific zoning districts. Low power radio service facilities may be an accessory use, secondary use or principal use.

a. Administrative Consideration Of Conditional Uses: Applications for low power wireless telecommunication facilities that are listed as conditional uses shall be reviewed according to the procedures set forth in section 21A.54.155 of this title.

TABLE 21A.40.090E
WIRELESS TELECOMMUNICATIONS FACILITIES

  Wall
Mount 3  
Roof
Mount 3  
Monopole With Antennas And Antenna
Support Structure Less Than 2' Wide 3  
Monopole With Antennas And Antenna Support Structure Greater Than 2' Wide 3   Lattice
Tower  
District Height Limit
But Not To Exceed 60'
(Whichever Is Less)  
60' Or Exceeding
The Maximum Height
Limit Of The Zone  
District Height Limit
But Not To Exceed 60'
(Whichever Is Less)  
60' Or Exceeding
The Maximum Height
Limit Of The Zone  
Residential districts:                
  R-1/12,000   P 1              
  R-1/7,000   P 1              
  R-1/5,000   P 1              
  SR-1   P 1              
  SR-3   P 1              
  R-2   P 1              
  RMF-30   P 1              
  RMF-35   P 1              
  RMF-45   P   C            
  RMF-75   P   C            
Mixed use - residential/
office districts:  
             
  RB   P 1              
  R-MU   P   C            
  RO   P 1              
Commercial/manufacturing districts:                
  CN   P 1              
  CB   P   C            
  CS   P   P            
  CC   P   P   P   C   C   C    
  CSHBD   P   P   P   C   C   C    
  CG   P   P   P   C   C   C   C  
  D-1   P   P   P   C   C   C    
  D-2   P   P   P   C   C   C    
  D-3   P   P   P   C   C   C    
  D-4   P   P   P   C   C   C    
  G-MU   P   P   P   C   C   C    
  M-1   P   P   P 4   C 4   P 4   C 4   C 4  
  M-2   P   P   P   C   P   C   C  
Special purpose districts:                
  RP   P   C            
  BP   P   P   P   C   C   C    
  AG   P 1   P 1   C   C   C      
  AG-2   P 1   P 1   C   C   C      
  AG-5   P 1   P 1   C   C   C      
  AG-20   P 1   P 1   C   C   C      
  A   P   P   P   P   P   C   C  
  PL   P   C            
  PL-2   P   C            
  I   P   C            
  UI   P   P   C   C   C      
  OS 2       C   C   C   C   C  
  EI   P   P   P   C   C   C    
  MU   P   C            

Notes:
P Permitted use
C Conditional use
1. Allowed as a permitted use on a residential building consisting of 4 or more attached dwelling units and on nonresidential buildings. Zoning Administrator approval is required to assure compliance to subsection E2a of this section.
2. New telecommunications towers are allowed outside the telecommunication corridor in the OS Zone for public safety, public security, or Salt Lake City Public Utilities Department purposes only.
3. Collocation of a wireless telecommunication facility is allowed per subsection E4 of this section.
4. Prohibited within the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay District.

2. Facility Types: Low power radio services facilities are characterized by the type or location of the antenna structure. There are seven (7) general types of such antenna structures: wall mounted antennas; roof mounted antennas; monopoles with antennas and antenna support structure less than two feet (2') in width; monopoles with antennas and antenna support structure greater than two feet (2') in width; lattice towers; stealth antennas; and utility pole mounted antennas. Standards for the installation of each type of antenna are as follows:

a. Wall Mounted Antenna: The following provisions apply to wall mounted antennas:

(1) Wall mounted antennas shall not extend above the wall line of the building or extend more than four feet (4') horizontally from the face of the building.

(2) Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure of the background against which they are most commonly seen. Antennas and the supporting structures on buildings should be architecturally compatible with the building. Whip antennas are not allowed on a wall mounted antenna structure.

(3) Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures, shall be considered a wall mounted antenna.

b. Roof Mounted Antenna: The following provisions apply to roof mounted antennas:

(1) Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms and shall not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room.

(2) For antennas not mounted on a penthouse or mechanical equipment room, the antennas shall be mounted at least five feet (5') from the exterior wall of a building. For antennas mounted between five (5) and ten feet (10') from the exterior wall, the maximum height of a roof mounted antenna is directly proportional to the distance the antenna is set back from the exterior wall up to a maximum height of ten feet (10') above the roofline of the building to which the antenna is attached. Antennas shall be mounted at least five feet (5') behind any parapet wall. For antennas mounted between five (5) and ten feet (10') behind a parapet wall, the maximum height of the antenna is directly proportional to the distance the antenna is set back from the wall up to a maximum of ten feet (10') as measured from the top of the parapet wall. The antennas shall not extend more than fifteen feet (15') above the roofline of the building itself unless approved as a conditional use (see subsection 21A.62.050H of this title).

(3) Roof mounted antennas are permitted only on a flat roof.

c. Monopole With Antennas And Support Structure Less Than Two Feet In Width: The total of each individual antenna structure mounted on a monopole shall not exceed two feet (2') in width. The maximum height of each individual antenna shall not exceed ten feet (10') in height (see subsection 21A.62.050G of this title). In the case of collocation, when there is more than one antenna located on a monopole, all additional antenna structures shall not exceed the above referenced dimensions. No such antenna shall be located within one hundred sixty five feet (165') of a residential zone other than the R-MU district.

d. Monopole With Antennas And Antenna Support Structure Greater Than Two Feet In Width: The maximum visible width of individual antennas and antenna mounting structures on a monopole shall not exceed eight feet (8') in height or thirteen feet (13') in width as viewed looking directly at the monopole at same elevation as the antennas and antenna mounting structure (see subsection 21A.62.050F of this title). In the case of collocation, when there is more than one antenna located on a monopole, all additional antenna structures shall not individually exceed the above referenced dimensions. No such monopole shall be located within three hundred thirty feet (330') of a residential zone other than the R-MU district.

e. Lattice Tower: The maximum visible width of individual antennas and antenna mounting structures on a lattice tower shall not exceed eight feet (8') in height or thirteen feet (13') in width (see subsection 21A.62.050E of this title). No such lattice tower shall be located within three hundred thirty feet (330') of a residential zone.

f. Stealth Antennas:

(1) A telecommunication antenna completely disguised as another object or otherwise concealed from view thereby concealing the intended use and appearance of the facility, shall be allowed in all zoning districts subject to meeting the provisions contained in section 21A.36.020, tables 21A.36.020B and 21A.36.020C of this title. The antenna shall conform to the dimensions of the object it is being disguised as and the location of the stealth facility shall be in concert with its surrounding. Examples of stealth facilities include, but are not limited to, flagpoles, light pole standards or architectural elements such as dormers, steeples and chimneys. Final determination regarding stealth poles shall be made by the Planning Director based on these standards. The electrical equipment shall be located in accordance with subsection E3 of this section.

(2) Antennas Located Within Existing Structures Where There Is No Exterior Evidence Of The Antennas: Antennas located within an existing structure constructed prior to the effective date hereof shall be a permitted use in all zoning districts provided that:

(A) There shall not be any exterior evidence of the antenna or support structure.

(B) The electrical equipment structure shall be located within the existing structure with no exterior evidence of existence, or in compliance with the location requirements as noted in subsection E3 of this section.

g. Utility Pole Mounted Antenna: Antennas on utility poles and associated electrical equipment shall be allowed subject to the following standards:

(1) Antennas:

(A) The antennas shall be located either on an existing utility pole or on a replacement pole in the public right-of-way, or in a rear yard utility easement.

(B) On an existing pole, the antennas shall not extend more than ten feet (10') above the top of the pole.

(C) The antennas, including the mounting structure, shall not exceed thirty inches (30") in diameter to be considered a permitted use. Antennas with an outside diameter greater than thirty inches (30") shall be a conditional use.

(D) Antennas located in the public right-of-way shall be a permitted use and shall comply with the standards listed above.

(E) Conditional use approval is required for antennas located in a rear yard utility easement in all residential, CN Neighborhood Commercial, PL Public Lands, PL-2 Public Lands, CB Community Business, I Institutional, and OS Open Space Zoning Districts. Antennas located in a rear yard utility easement in all other zoning districts shall be a permitted use and shall comply with the standards listed above.

(2) General Provisions:

(A) The application shall include the signature of the authorized agent of the owner of the utility pole.

(B) Antennas and equipment boxes on the utility poles shall be painted to match the pole to which it is attached to minimize visual impacts.

(C) Generators or noise producing venting systems shall not be used.

(D) Lighting for aircraft is prohibited except where required by Federal law.

(E) Electrical and utility cables between the utility pole and electrical boxes shall be placed underground.

(F) Facilities in the public right-of-way shall be subject to any applicable franchise fees or lease agreements required by the City.

3. Electrical Equipment:

a. Electrical Equipment Located In The Public Right-Of-Way, Front Yard Or Side Yard: Electrical equipment in the public right-of-way shall either be attached directly to the utility pole or placed underground.

If the electrical equipment is attached to the pole, the boxes shall not be larger than thirty six inches (36") in height, twelve inches (12") deep and no wider than twenty inches (20"). No more than five (5) such boxes shall be mounted on the utility pole to which it is attached (excluding the power meter and network interface box). The boxes shall be stacked vertically, one above the other, and shall be at least ten feet (10') above the ground. The power meter and network interface box may be installed below the ten foot (10') level.

Electrical equipment in the required front or side yard shall be placed underground.

Electrical equipment placed underground or on a utility pole in the public right-of-way shall comply with the requirements of the Salt Lake City Engineering and Transportation Divisions.

b. Electrical Equipment Located On Private Property: Electrical equipment shall be located in the rear yard, interior side yard, or within the buildable area on a given parcel. In the case of a parcel with an existing building, the electrical equipment shall not be located between the front and/or corner facades of the building and the street.

Electrical equipment located in a residential zoning district, shall not exceed a width of four feet (4'), a depth of three feet (3'), or a height of four feet (4') to be considered a permitted use.

Electrical equipment located in a CN, PL, PL-2, CB, I or OS Zoning District shall not exceed a width of six feet (6'), a depth of three feet (3'), or a height of six feet (6') to be considered a permitted use.

Electrical equipment exceeding the dimensions listed above shall be reviewed administratively as a special exception per chapter 21A.52 of this title.

The electrical equipment shall be subject to the maximum lot coverage requirements in the underlying zoning district.

4. Collocation: Collocation of a wireless telecommunication facility on a previously approved wireless telecommunication service facility such as an existing building, structure, or antenna support structure, is allowed as a permitted use, provided:

a. No increase in the height of the existing wireless telecommunication support structure is proposed;

b. All aspects of the collocation improvements must be located within the previously approved fenced (lease) area;

c. Compliance with the corresponding provisions set forth in this subsection E.

5. Height Limit: The height limit for monopoles and lattice towers shall be limited as per table 21A.40.090E of this section.

6. Location And Minimum Setbacks: Monopoles with antennas and antenna support structure less than two feet (2') in width, monopoles with antennas and antenna support structure greater than two feet (2') in width and lattice towers shall be allowed only in the rear yard area of any lot. These structures shall not be located in a required landscaped area, buffer area or required parking area.

7. Area Limitations For Wall And Roof Mounted Antennas: A combination of both roof and wall mounted antennas are allowed on a building. The total area for all wall and roof mounted antennas and supporting structures combined shall not exceed the lesser of sixty (60) square feet or five percent (5%) of the gross square footage of each exterior wall of a building. The total area is the sum of each individual antenna face and the visible portion of the supporting structure as viewed when looking directly at the face of the building. The total area for a roof mounted antenna shall apply to the closest exterior wall (see subsection 21A.62.050J of this title).

8. Roof And Wall Mounted Antennas On Noncomplying Buildings That Exceed The Maximum Height Limit Of The Zoning District: If a building exceeds the maximum allowable height of the zoning district, roof or wall mounted antennas may be attached to the portion of the building that extends above the maximum height limit of the zoning district, if said antenna is listed as a permitted use in table 21A.40.090E of this section.

9. Additional Conditional Use Requirements: In addition to conditional use standards outlined in chapter 21A.54 of this title, the following shall be considered by the Planning Commission:

a. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures;

b. Whether collocation of the antenna on the other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception;

c. The location of the antenna in relation to existing vegetation, topography and buildings to obtain the best visual screening;

d. Whether the spacing between monopoles and lattice towers creates detrimental impacts to adjoining properties.

10. Accessory Buildings To Antenna Structures: Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. Monopoles shall be fenced with a six foot (6') chainlink fence and the climbing pegs removed from the lower twenty feet (20') of the monopole. All power lines on the lot leading to the accessory building and antenna structure shall be underground.

11. Historic District: Any antenna proposed for a location within a historic district or on landmark site is subject to approval through the Historic Landmarks Commission as contained in chapter 21A.34 of this title.

12. Permission Required For Antennas And Mounting Structures On Or Over A Public Right-Of-Way: Antennas and mounting structures encroaching on or over the public sidewalk or on or over a public right-of-way shall be subject to obtaining permission from the City pursuant to the City's rights-of-way encroachment policy.

13. Location On City Owned Property Or Land Zoned As Open Space: Telecommunication facilities proposed to be located on City owned property or on any property located within an Open Space Zoning District or subject to the City's open space lands program must obtain approvals from appropriate agencies governing such properties.

14. Nonmaintained Or Abandoned Facilities: The building official may require each nonmaintained or abandoned low power radio services antenna to be removed from the building or premises when such an antenna has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure within thirty (30) calendar days after notice of nonmaintenance or abandonment is given to the owner, person having control or person receiving the benefit of such structure. (Ord. 13-19, 2019: Ord. 59-17, 2017: Ord. 46-17, 2017: Ord. 55-11, 2011: Ord. 10-10 § 12, 2010: Ord. 73-02 §§ 9 (Exh. D) - 11, 2002: Ord. 81-01 § 1, 2001: Ord. 11-01 § 1, 2001: Ord. 14-00 § 7, 2000: Ord. 3-00 § 1, 2000: Ord. 93-99 §§ 1 - 4, 1999: Ord. 35-99 §§ 60 - 62, 1999: amended during 5/96 supplement: Ord. 5-96 § 1, 1996: Ord. 26-95 § 2(20-8), 1995)

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21A.40.100: RESERVED:linklink

(Ord. 12-14, 2014)
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21A.40.110: AUTOMATIC AMUSEMENT DEVICES:linklink

(Rep. by Ord. 73-11, 2011)
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21A.40.120: REGULATION OF FENCES, WALLS AND HEDGES:linklink


A. Purpose: Fences, walls and hedges serve properties by providing privacy and security, defining private space and enhancing the design of individual sites. Fences also affect the public by impacting the visual image of the streetscape and the overall character of neighborhoods. The purpose of these regulations is to achieve a balance between the private concerns for privacy and site design and the public concerns for enhancement of the community appearance, and to ensure the provision of adequate light, air and public safety.


B. Location: All fences, walls or hedges shall be erected entirely within the property lines of the property they are intended to serve.


C. Building Permit Required:

1. A building permit shall be obtained prior to construction of any fence that does not exceed six feet (6') in height and is not made of concrete or masonry or does not require structural review under the Uniform Building Code regulations. The permit is to ensure compliance with adopted regulations.

2. A building permit and fee are required for fences and walls which exceed six feet (6') in height and all fences or walls of any height that are constructed under the International Building Code. The permit is to ensure compliance with all zoning ordinance standards and requirements (location, height, types of materials) as well as to ensure the structural integrity of the pilasters and foundation system which will be verified by plan review and site inspection.

3. The application for a permit must include plans identifying the location and height of the proposed fence or wall. If the fence or wall is constructed of masonry or concrete of any height or exceeds six feet (6') in height, construction details showing horizontal and vertical reinforcement and foundation details shall be shown on the plans.

4. The building permit fee for a fence will be a general permit fee based on construction costs or valuation of the work as shown in the consolidated fee schedule.

5. Construction of any fence in the following districts shall also comply with the additional fencing regulations found in the following subsections of this title:

a. FP Foothills Protection District (21A.32.040I),

b. H Historic Preservation Overlay District (21A.34.020E), and

c. Foothill Residential FR-1, FR-2 and FR-3 Districts (21A.24.010P).


D. Design Requirements:

1. Residential districts (chapter 21A.24, "Residential Districts", of this title):

a. Allowed Materials: Fences and walls shall be made of high quality, durable materials that require low maintenance. Acceptable materials for a fence include chainlink, wood, brick, masonry block, stone, tubular steel, wrought iron, vinyl, composite/recycled materials (hardy board) or other manufactured material or combination of materials commonly used for fencing. Other materials of similar quality and durability, but not listed herein, may be used upon approval by the Zoning Administrator through an administrative interpretation application.

b. Prohibited Materials: Fences and walls shall not be made of or contain:

(1) Scrap materials such as scrap lumber and scrap metal.

(2) Materials not typically used or designated/manufactured for fencing such as metal roofing panels, corrugated or sheet metal, tarps or plywood.

2. Nonresidential districts (chapters 21A.26 through 21A.34 of this title: commercial districts, manufacturing districts, downtown districts, gateway districts, special purpose districts and overlay districts):

a. Allowed Materials: Fences and walls shall be made of high quality, durable materials that require minimal maintenance. Acceptable materials for fencing in nonresidential districts include, but are not limited to, chainlink, prewoven chainlink with slats, wood, brick, tilt-up concrete, masonry block, stone, metal, composite/recycled materials or other manufactured materials or combination of materials commonly used for fencing. Other materials of similar quality and durability, but not listed herein, may be used upon approval by the Zoning Administrator through an administrative interpretation application.

b. Prohibited Materials: Fences or walls in nonresidential districts shall not be constructed of or contain:

(1) Scrap materials such as scrap lumber and scrap metal.

(2) Materials not typically used or designated/manufactured for fencing such as metal roofing panels, corrugated or sheet metal, tarps or plywood.


E. Height Restrictions And Gates:

1. General Height:

a. Residential zoning districts: Except for the special foothills regulations as outlined in subsection 21A.24.010P of this title, no fence, wall or hedge shall be erected to a height in excess of four feet (4') between the front property line and front building line of the facade of the principal structure that contains the primary entrance.

b. Nonresidential zoning districts: No fence, wall or hedge shall be erected to a height in excess of four feet (4') when within any required front yard area. Fencing for outdoor storage shall be located behind any required front yard area.

2. Corner Lots; Sight Distance Triangle: No solid fence, wall or hedge shall be erected to a height in excess of three feet (3') if the fence, wall or hedge is located within the sight distance triangle extending thirty feet (30') either side of the intersection of the respective street curb lines, or edge lines of roadway where curbing is not provided as noted in section 21A.62.050, illustration I of this title.

3. Corner Side, Side, Rear Yards; Sight Distance Triangle: Fences, walls or hedges may be erected in any required corner side yard (extending to a point in line with the front facade of the principal structure for residential zoning districts and up to any required front yard setback line for all other zoning districts), required side yard or required rear yard to a height not to exceed six feet (6'). The zoning administrator may require either increased fence setback or lower fence height along corner side yards to provide adequate line of sight for driveways and alleys.

4. Intersection Of Driveway; Sight Distance Triangle: Solid fences, walls and hedges shall not exceed thirty inches (30") in height within the sight distance triangle as defined in section 21A.62.050, illustration I of this title.

5. Sight Distance Triangle And See Through Fences: Within the area defined as a sight distance triangle, see through fences that are at least fifty percent (50%) open shall be allowed to a height of four feet (4').

6. Alternative Design Solutions: To provide adequate line of sight for driveways and alleys, the zoning administrator, in consulting with the development review team, may require alternative design solutions, including, but not restricted to, requiring increased fence setback and/or lower fence height, to mitigate safety concerns created by the location of buildings, grade change or other preexisting conditions.

7. Measuring: Measuring the height of a fence shall be from the "finished grade" of the site as defined in section 21A.62.040 of this title.

8. Special Exception Approval Standards: The planning commission or historic landmark commission may approve taller fencing if it is found that the extra height is necessary for the security of the property in question as defined in chapter 21A.52 of this title.

9. Gates: No gate, whether crossing a driveway, walkway, or part of a fence, shall be erected to a height in excess of the standards outlined in this subsection E. To regulate the location of gates and their impact on vehicular staging within the public right of way, passenger vehicles shall require a minimum seventeen foot six inch (17'6") setback from back edge of sidewalk, or property line when a sidewalk is not provided, and large truck driveways shall require a one hundred foot (100') setback from back edge of sidewalk, or property line when a sidewalk is not provided. All gates are to swing inward to the property or be a roll gate that does not impact the staging area.


F. General Requirements:

1. Except when constructed of materials that have been designed or manufactured to remain untreated, all fences or walls shall periodically be treated with paint or chemicals so as to retard deterioration.

2. Fences or walls shall be constructed with good workmanship and shall be secured to the ground or supporting area in a substantial manner and engineered so that the structure of columns or posts and the material used for the intervening panels are adequately constructed to support the materials and withstand wind loads.

3. All fences or walls (including entrance and exit gates) shall be maintained in good repair, free of graffiti, structurally sound, so as to not pose a threat to public health, safety, and welfare.


G. Exceptions: Pillars shall be allowed to extend up to eighteen inches (18") above the allowable height of a fence or wall; provided, that the pillars shall have a maximum diameter or width of no more than eighteen inches (18"); and provided, that the pillars shall have a minimum spacing of no less than six feet (6'), measured face to face.


H. Encroachments: Encroachments into the "sight distance triangle" for driveways as defined and illustrated in chapter 21A.62 of this title, may be approved by the zoning administrator. This regulation shall also apply to sight distance triangles for alleys.


I. Barbed Wire Fences:

1. Permitted Use: Barbed wire fencing is allowed as a permitted use in the AG, AG-2, AG-5, AG-20, A, CG, M-1, M-2 and D-2 districts.

2. Special Exception: Barbed wire fencing may be approved for nonresidential uses as a special exception pursuant to chapter 21A.52 of this title, in all zoning districts except for those listed above as permitted uses. The planning commission may approve as special exceptions, the placement of barbed wire fences, for security reasons, or for the keeping out of animals around nonresidential properties, transformer stations, microwave stations, construction sites or other similar publicly necessary or dangerous sites, provided the requested fence is not in any residential district and is not on or near the property line of a lot which is occupied as a place of residence.

3. Location Requirements: Barbed wire fencing shall not be allowed in required front yard setbacks nor along frontages on streets defined as gateway streets in Salt Lake City's adopted urban design element master plan.

4. Special Design Regulations: No strand of barbed wire shall be permitted less than six feet (6') high. No more than three (3) strands of barbed wire are permitted. The barbed wire strands shall not slant outward from the fence more than sixty degrees (60°) from a vertical line. No barbed wire strand shall project over public property. If the barbed wire proposed slants outward over adjoining private property the applicant must submit written consent from adjoining property owner agreeing to such a projection over the property line.

5. Special Exception Approval Standards: The planning commission may approve, as a special exception, the building permit for a barbed wire fence if it is found that the applicant has shown that the fence is reasonably necessary for security in that it protects people from dangerous sites and conditions such as transformer stations, microwave stations or construction sites.


J. Razor Wire Fences:

1. Special Exception: Razor wire fencing may be approved for nonresidential uses as a special exception pursuant to chapter 21A.52 of this title, in the A, CG, D-2, M-1 and M-2 zoning districts. The planning commission may approve as a special exception the placement of razor wire fences, for security reasons, around commercial or industrial uses, transformer stations, microwave stations, or other similar public necessity or dangerous sites; provided, that the requested fence is not on the property line of a lot which is occupied as a place of residence.

2. Location Requirements: Razor wire fencing shall not be allowed in required front or corner side yard setback.

3. Special Design Regulations: No strand of razor wire shall be permitted on a fence that is less than seven feet (7') high. Razor wire coils shall not exceed eighteen inches (18") in diameter and must slant inward from the fence to which the razor wire is being attached.

4. Special Exception Approval Standards: The planning commission may approve razor wire fencing if the commission finds that the applicant has shown that razor wire is necessary for the security of the property in question.


K. Exemption: The A airport district is exempt from all zoning ordinance fence regulations. The department of airports has administrative authority to regulate and approve fencing within the A airport district. All fencing that the department of airports requires of its clients within the A district is subject to review and approval by the airport.


L. Electric Security Fences:

1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 and M-2 zones. Electric security fences on parcels or lots that abut a residential zone are prohibited.

2. Special Exception: Electric security fences on parcels or lots adjacent to a commercial zone may be approved as a special exception pursuant to the requirements in chapter 21A.52 of this title.

3. Location Requirements: Electric security fences shall not be allowed in required front yard setbacks or on frontages adjacent to residentially zoned properties.

4. Compliance With Adopted Building Codes: Electric security fences shall be constructed or installed in conformance with all applicable construction codes.

5. Perimeter Fence Or Wall: No electric security fence shall be installed or used unless it is fully enclosed by a nonelectrical fence or wall that is not less than six feet (6') in height. There shall be at least one foot (1') of spacing between the electric security fence and the perimeter fence or wall.

6. Staging Area: All entries to a site shall have a buffer area that allows on site staging prior to passing the perimeter barrier. The site shall be large enough to accommodate a vehicle completely outside of the public right of way.

7. Height: Electric security fences shall have a maximum height of ten feet (10').

8. Warning Signs: Electric security fences shall be clearly identified with warning signs that read: "Warning-Electric Fence" at intervals of not greater than sixty feet (60'). Signs shall comply with requirements in chapter 21A.46, "Signs", of this title.

9. Security Box: Electric security fences shall have a small, wall mounted safe or box that holds building keys for police, firefighters and EMTs to retrieve in emergencies. (Ord. 46-17, 2017: Ord. 54-14, 2014: Ord. 20-14, 2014: Ord. 82-12, 2012: Ord. 73-11, 2011: Ord. 60-11, 2011: Ord. 24-11, 2011)

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21A.40.130: ACCESS FOR PERSONS WITH DISABILITIES:linklink

Building permits for an uncovered vertical wheelchair lift, or for an uncovered access ramp, for persons with disabilities, under four feet (4') in height, or any other form of uncovered access, for persons with disabilities, under four feet (4') in height, that encroaches into required yard areas, may be approved by the Zoning Administrator as a permitted accessory structure. Covered ramps or other access structures for persons with disabilities that encroach into required yard areas, shall be approved, pursuant to chapter 21A.52 of this title. Application for a special exception for an access structure for persons with disabilities shall not require the payment of any application fees. (Ord. 20-06 § 1, 2006: Ord. 88-95 § 1 (Exh. A), 1995: Ord. 26-95 § 2(20-12), 1995)
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21A.40.140: JUNK VEHICLES AND MATERIALS:linklink

It is unlawful for any property owner or tenant to cause or permit any unlicensed, inoperable, unused or abandoned vehicles or vehicle parts to be in or upon any premises unless the premises is licensed for such use. Open storage of the following materials shall also be prohibited in or upon any premises unless the premises is licensed for such use: junk, scrap metal, used or scrap lumber, wastepaper products, discarded building materials, machinery or machinery parts, interior household furniture, appliances, tree limbs and cuttings, landscape debris, garbage, refuse, trash, rubbish, hazardous waste, industrial waste, construction and demolition waste, sludge, liquid or semiliquid waste; other spent, useless, worthless or discarded materials, or materials stored or accumulated for the purpose of discarding materials that have served their original purpose. (Ord. 88-95 § 1 (Exh. A), 1995: Ord. 26-95 § 2(20-13), 1995)
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21A.40.150: SEASONAL FARM STANDS:linklink

Seasonal farm stands may be approved by the Zoning Administrator as a permitted accessory use in the AG-2, AG-5 and AG-20 Districts during the spring and summer. Such use shall be limited to a period between April and October. Seasonal farm stand sales are limited to produce and products produced or grown on the premises. No accessory structure shall be displayed obstructing the "sight distance triangle" as defined in chapter 21A.62 of this title. (Ord. 14-00 § 9, 2000)
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21A.40.160: GROUND MOUNTED UTILITY BOXES:linklink


A. Purpose: Utility infrastructure provides a service to the community. The regulations of this section are intended to allow for ground mounted utility boxes while reducing the negative impacts they may create. Of concern are the location, size and concentration of ground mounted utility boxes. The placement of ground mounted utility boxes should consider the location priority order below:

1. In a location not readily visible from a street.

2. In an alley located along the rear of adjacent properties.

3. In a nonresidential location that may be visible from a street.

4. In the park strip of a nonresidential property.

5. In the park strip of a residential property.


B. Compliance With Regulations Required: All ground mounted utility boxes shall be subject to the regulations of this section unless exempted within section 21A.02.050 of this title.


C. Definition: "Ground mounted utility boxes" shall mean such equipment and facilities, including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities and associated equipment that extend over six inches (6") above ground level used for the transmission or distribution of utilities.


D. Location: Any ground mounted utility box shall not be located within one foot (1') of any sidewalk or eighteen inches (18") from the face of a control curb or obstruct any required sight distance triangles for driveways and intersections.


E. Allowed Ground Mounted Utility Boxes: Ground mounted utility boxes proposed as follows shall be allowed in all zoning districts subject to subsection D of this section.

1. Private Property: On private property with permission of the property owner or representative at the following locations:

a. Below grade utility boxes that do not extend greater than six inches (6") above ground level.

b. Within the buildable area of a lot, rear yard or side yard.

c. Behind required front and corner side yards or within five feet (5') of a building when front and corner side yards are not required.

d. Within a utility easement subject to easement restrictions.

e. Within a right of way when the location does not interfere with circulation functions of the right of way and subject to subsection E1c of this section.

2. Public Right Of Way: The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and title 14, chapter 14.32 of this code.

a. Below grade utility boxes that do not extend greater than six inches (6") above ground level.

b. A ground mounted utility box installed in a park strip or behind the sidewalk in the public way meeting the following criteria:

(1) A ground mounted utility box not exceeding a height of three feet (3') and a footprint of four (4) square feet, or a box not exceeding two feet (2') in height and a footprint of eight (8) square feet.

(2) The pad for a ground mounted utility box shall not extend more than six inches (6") beyond the footprint of the box.

(3) A ground mounted utility box in a residential zoning district is located within fifteen feet (15') of the interior lot line of an adjacent property.

(4) Excluding manufacturing, business park and general commercial zoning districts no more than three (3) ground mounted utility boxes, excluding exempt utility boxes, shall be allowed within a six hundred sixty foot (660') segment of street right of way, unless approved as a special exception.

(5) Any small ground mounted utility box that is less than sixty percent (60%) of the allowed size in subsection E2b(1) of this section shall be exempt from the special exception requirement of subsection E2b(4) of this section.

c. A ground mounted utility box installed in a public alley that does not interfere with the circulation function of the alley.


F. Special Exception: Proposed ground mounted utility boxes not specifically addressed in subsection E of this section or that do not meet the standards of subsection E of this section may be approved as a special exception pursuant to chapter 21A.52 of this title and the following requirements:

1. Application: A special exception application shall be made on a form prepared by the planning director or designee and submitted to the planning division, that includes required information and the following additional information:

a. Described plan of the proposed ground mounted utility box:

(1) Dimensions of box and footing/platform detail.

(2) Location of contact information on the box.

(3) Description of cabinet materials and finish treatment.

b. A location analysis which identifies other sites considered as alternatives within five hundred feet (500') of the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unavailable, or technologically or reasonably infeasible.

2. General Standards And Considerations For Special Exception Review Of Ground Mounted Utility Boxes: No special exception application for a ground mounted utility box shall be approved unless the planning director or the planning director's designee determines that the ground mounted utility box satisfies the applicable standards related to size, spacing and/or location of the following criteria:

a. Evidence that the existing ground mounted utility box location and/or size are within a pattern that allowing an additional or larger ground mounted utility box will not create a significant impact on the character of the area.

b. Evidence submitted that shows another location is not practical to service the subject area.

c. Sufficiently demonstrates the reason that the larger cabinet is necessary.

d. Demonstrates that the subject block face location is the only feasible location for the ground mounted utility box based on technical or physical constraints.

e. Ground mounted utility boxes are spaced in such a manner as to limit the visual impact of the box when viewed from the street or an adjacent property.

f. The location will not obstruct access to other installed utility facilities.

g. The additional cabinet is compatible in design and size with the existing ground mounted utility boxes in the area.


G. Materials: All ground mounted utility boxes shall consist of high quality material such as stainless steel or other durable painted or colored material. The finish shall be a neutral color such as dark or light green, beige or gray or color similar to utility boxes within the vicinity and coated with a graffiti resistant treatment.


H. Postinstallation Obligations: All ground mounted utility boxes and any related screening materials shall remain the service provider's responsibility to keep in a state of good visual quality and repair.

1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall also comply with all conditions as set forth in the service provider's/owner's franchise agreement with the city. If the terms of any franchise agreement conflict with the provisions of this title, the ordinance regulations shall prevail and govern.

2. Discontinued Use: If the service provider/owner of a ground mounted utility box in the public right of way discontinues the use or has no defined need for said box, it is that service provider's/owner's sole responsibility to remove the box and all associated conduit and wiring at its own expense in compliance with all engineering division requirements.

3. Required Contact Information: A service provider shall place a permanent notice on the box containing the service provider's name and telephone number for the purpose of notification in the event of graffiti or damages to the equipment.

4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in reasonably good repair in a clean, safe and level condition. "Level condition" shall mean not tilting greater than fifteen degrees (15°) from plumb. A service provider shall repair any damage to a ground mounted utility box within seventy two (72) hours after discovering or being notified of such damage to a box.


I. Other City Permits: Additional city permits may be required.

1. Permits: No construction shall be undertaken without the applicable city permits and public way permits.

2. Certificate Of Appropriateness: Any ground mounted utility box located within an area subject to section 21A.34.020, "H Historic Preservation Overlay District", of this title must obtain a certificate of appropriateness before the box may be installed. (Ord. 14-15, 2015)

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21A.40.170: CREMATORIUMS:linklink

Crematoriums may be approved where allowed by the applicable table(s) of permitted and conditional uses only when associated with a licensed funeral home, mortuary or dedicated animal cremation service. When reviewing the application for a crematorium, the planning commission or administrative hearing officer will consider the following factors for approval:


A. The crematorium shall emit no visible emissions or odor.


B. Noise emitted from the crematorium shall not exceed maximum sound levels set forth in title 9, chapter 9.28, "Noise Control", of this code.


C. All activity relating to the dead shall be handled discretely and screened from public view to the maximum extent possible, including delivery and storage of the remains.


D. The crematorium shall not be used for the disposal of any waste materials, including medical or industrial.


E. In the case of pet crematoriums, the use shall be for the preparation and cremation of pets only.


F. The crematorium shall receive all necessary approvals from applicable state and federal agencies.


G. The crematorium use shall be consistent with all adopted city ordinances and master plans.


H. The crematorium use shall be associated with a licensed funeral home for human cremation, or a dedicated animal cremation service for animal cremation.


I. A licensed funeral home or mortuary operating an approved crematorium may perform cremation services for other licensed funeral homes or mortuaries. (Ord. 19-10 § 2, 2010)

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21A.40.180: SMALL WIND ENERGY SYSTEMS:linklink


A. Standards: All small wind energy systems shall comply with the following requirements. If there is any conflict between the provisions of this section and any other requirements of the zoning, site development, and subdivision ordinances, the zoning administrator shall determine which requirements apply to the project in order to achieve the highest level of neighborhood compatibility.

1. Setback: The base of the tower shall be set back from all property lines, public rights of way, and public utility lines a distance equal to the total extended height plus five feet (5'). If the small wind energy system is on a roof, the total extended height is equal to the roof height and tower height. A tower may be allowed closer to a property line than its total extended height if the abutting property owner(s) grants written permission and the installation poses no interference with public utility lines or public road and rail rights of way. Guywires and other support devices shall be set back at least five feet (5') from all property lines.

2. Tower Height: Where the total extended height meets the sound and setback requirements of this section (see subsection A1 of this section), there shall be no specific height limitation, except as imposed by federal aviation administration (FAA) regulations per subsection A10 of this section.

3. Sound: Sound produced by the turbine under normal operating conditions, as measured at the property line of any adjacent property improved with a dwelling unit at the time of the issuance of the zoning certificate, shall not exceed fifty five (55) dBA for any period of time. The fifty five (55) dBA sound level may be exceeded during short term events out of the owner's control such as utility outages and/or severe windstorms.

4. Appearance, Color, And Finish: Colors permitted include grays, browns, greens, tans and other earth tones. Bright, luminescent, or neon colors are prohibited.

5. Clearance: The blade tip or vane of any small wind energy system shall have a minimum ground clearance of fifteen feet (15') as measured at the lowest point of the arc of the blades. Blades on small wind energy systems in residential districts shall not exceed twenty percent (20%) of tower height. All portions of the system shall maintain a clearance from power utility lines as required by the Utah high voltage line safety act.

6. Signage Prohibited: All signs on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification, shall be prohibited.

7. Lighting: No illumination of the turbine or tower shall be allowed unless required by the federal aviation administration (FAA).

8. Access: No foot pegs, rungs, or other climbing aids shall be allowed below twelve feet (12') on a freestanding tower. For lattice or guyed towers, sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed.

9. Requirement For Engineered Drawings: Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings (by an engineer licensed by the state of Utah) of the tower, base, footings, and/or foundation as provided by the manufacturer.

10. Compliance With FAA Regulations: No small wind energy system shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR part 77 of the FAA guidance on airspace protection or other current FAA regulations governing airspace protection.

11. Compliance With Building And Electrical Codes: Small wind energy systems and all associated components shall comply with all applicable building and electrical codes adopted by Salt Lake City and the state of Utah.

12. Utility Notification: No small wind energy system shall be installed until evidence has been submitted to the city that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

13. Abandonment: If a wind turbine is inoperable for six (6) consecutive months the owner shall be notified by Salt Lake City that they must, within six (6) months of receiving the notice, restore their system to operating condition or remove the wind turbine from the tower. If the owner(s) fails to restore their system to operating condition within the six (6) month time frame, then the owner shall be required, at his expense, to remove the wind turbine from the tower for safety reasons.

14. Off Street Parking Or Loading Requirements: A small wind energy system shall not remove or encroach upon required parking or loading areas for other uses on the site or access to such parking or loading areas.

15. Exceptions: Small wind energy systems are prohibited in the open space OS and natural open space NOS zoning districts. (Ord. 20-11, 2011)

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21A.40.190: SMALL SOLAR ENERGY COLLECTION SYSTEMS:linklink


A. Standards: All small solar energy collection systems shall comply with the following requirements except as provided in subsection B of this section relating to small solar energy collection systems in the historic preservation overlay districts. Per section 21A.34.020 of this title the historic landmark commission or staff have authority to modify the setbacks, location and height to ensure compliance with the overlay district regulations. Excluding subsection B of this section, if there is any conflict between the provisions of this subsection and any other requirements of the zoning, site development, and subdivision ordinances, the zoning administrator shall determine which requirements apply to the project in order to achieve the highest level of neighborhood compatibility.

1. Setbacks, Location, And Height:

a. A freestanding small solar energy collection system shall be located a minimum of six feet (6') from all property lines and other structures, except the structure on which it is mounted.

b. A small solar energy collection system may be located on a principal or accessory structure, including legal principal or accessory structures located less than the required minimum setback for the zoning districts.

c. A small solar energy collection system shall not exceed by more than three feet (3') the maximum building height (based on the type of building - principal or accessory - the system is located on) permitted in the zoning district in which it is located or shall not extend more than twelve feet (12') above the roofline of the structure upon which it is mounted, whichever is less.

d. A development proposed to have a small solar energy collection system located on the roof or attached to a structure, or an application to establish a system on an existing structure, shall provide a structural certification as part of the building permit application.

2. Coverage: A small solar energy collection system mounted to the roof of a building shall not exceed ninety percent (90%) of the total roof area of the building upon which it is installed. A system constructed as a separate accessory structure on the ground shall count toward the total building and yard coverage limits for the lot on which it is located.

3. Code Compliance: Small solar energy collection systems shall comply with all applicable building and electrical codes contained in the international building code adopted by Salt Lake City.

4. Solar Easements: A property owner who has installed or intends to install a small solar energy collection system shall be responsible for negotiating with other property owners in the vicinity for any desired solar easement to protect solar access for the system and shall record the easement with the Salt Lake County recorder.

5. Off Street Parking And Loading Requirements: Small solar energy collection systems shall not remove or encroach upon required parking or loading areas for other uses on the site or access to such parking or loading areas.


B. Small Solar Energy Collection Systems And Historic Preservation Overlay Districts Or Landmark Sites:

1. General: In addition to meeting the standards set forth in this section, all applications to install a small solar energy collection system within the Historic Preservation Overlay District shall obtain a certificate of appropriateness prior to installation. Small solar energy collection systems shall be allowed in accordance with the location priorities detailed in subsection B3 of this section. If there is any conflict between the provisions of this subsection B, and any other requirements of this section, the provisions of this subsection B shall take precedence.

2. Installation Standards: The small solar energy collection system shall be installed in a location and manner on the building or lot that is least visible and obtrusive and in such a way that causes the least impact to the historic integrity and character of the historic building, structure, site or district while maintaining efficient operation of the solar device. The system must be installed in such a manner that it can be removed and not damage the historic building, structure, or site it is associated with.

3. Small Solar Energy Collection System Location Priorities: In approving appropriate locations and manner of installation, consideration shall include the following locations in the priority order they are set forth below. The method of installation approved shall be the least visible from a public right-of-way, not including alleys, and most compatible with the character defining features of the historic building, structure, or site. Systems proposed for locations in subsections B3a through B3e of this section, may be reviewed administratively as set forth in subsection 21A.34.020F1, "Administrative Decision", of this title. Systems proposed for locations in subsection B3f of this section, shall be reviewed by the Historic Landmark Commission in accordance with the procedures set forth in subsection 21A.34.020F2, "Historic Landmark Commission", of this title.

a. Rear yard in a location not readily visible from a public right-of-way.

b. On accessory buildings or structures in a location not readily visible from a public right-of-way.

c. In a side yard in a location not readily visible from a public right-of-way.

d. On the principal building in a location not readily visible from a public right-of-way.

e. On the principal building in a location that may be visible from a public right-of-way, but not on the structure's front facade.

f. On the front facade of the principal building in a location most compatible with the character defining features of the structure. (Ord. 60-15, 2015)

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21A.40.200: ACCESSORY DWELLING UNITS:linklink


A. Purpose Statement: The regulatory intentions of this section are to:

1. Create new housing units while respecting the appearance and scale of single-family residential development;

2. Provide more housing choices in residential districts;

3. Allow more efficient use of existing housing stock, public infrastructure, and the embodied energy contained within existing structures;

4. Provide housing options for family caregivers, adult children, aging parents, and families seeking smaller households;

5. Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and services;

6. Broaden the range of affordable housing throughout the City;

7. Support sustainability objectives by increasing housing close to jobs, schools, and services, thereby reducing greenhouse gas emissions and fossil fuel consumption;

8. Support transit oriented development and reduce auto usage by increasing density near transit; and

9. Support the economic viability of historic properties and the City's historic preservation goals by allowing accessory dwellings in historic structures.


B. Owner Occupant: For the purposes of this title, "owner occupant" shall mean the following:

1. An individual who is listed on a recorded deed as an owner of the property;

2. Any person who is related by blood, marriage, adoption to an individual who is listed on a recorded deed as an owner of the property; or

3. An individual who is a trustor of a family trust who possesses legal ownership of the property.


C. Applicability: Accessory dwelling units shall be permitted as specified in chapter 21A.33, "Land Use Tables", of this title and subject to compliance with the applicable provisions of this title.


D. Methods Of Creation: An accessory dwelling unit may be created through, but not limited to, the following methods:

1. Converting existing living area within a single family dwelling as an addition to an existing single family dwelling, or within a single family dwelling created as new construction; or

2. Converting an existing detached accessory building, as an addition to an existing accessory building, or as a newly constructed accessory building.


E. Standards: Accessory dwelling units shall conform to the following requirements:

1. General Requirements Applicable To All Accessory Dwelling Units:

a. One Per Lot: City may permit one accessory dwelling unit for each lot that contains a single-family dwelling.

b. Not A Unit Of Density: Accessory dwelling units are not considered a unit of density and therefore are not included in the density calculation for residential property.

c. Ownership: An accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or lot unless compliant with subdivision regulations.

d. Owner Occupancy: The City shall only permit an accessory dwelling unit when an owner occupant lives on the property within either the principal or accessory dwelling unit. Owner occupancy shall not be required when:

(1) The owner has a bona fide, temporary absence of three (3) years or less for activities such as military service, temporary job assignments, sabbaticals, or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or

(2) The owner is placed in a hospital, nursing home, assisted living facility or other similar facility that provides regular medical care, excluding retirement living facilities or communities.

e. Number Of Residents: The total number of residents that reside in an accessory dwelling unit may not exceed the number allowed for a "family" as defined in section 21A.62.040, "Definitions Of Terms", of this title.

f. Home Occupations: Home occupations may be conducted in an accessory dwelling unit as per section 21A.36.030 of this title.

g. Parking: An accessory dwelling unit shall require a minimum of one on-site parking space. If the property has an existing driveway, the driveway area located between the property line with an adjacent street and a legally located off-street parking area can satisfy the parking requirement if the parking requirement for the principal use is complied with and the driveway area has a space that is at least twenty feet (20') deep by eight feet (8') wide. The parking requirement may be waived if:

(1) Legally located on street parking is available along the street frontage of the subject property; or

(2) The subject property is located within one-quarter (1/4) mile of transit stop.

2. Additional Requirements For Accessory Dwelling Units Located Within A Single Family Dwelling: Accessory dwelling units located within a single family dwelling shall comply with the following standards:

a. Any addition shall comply with the building height, yard requirements, and building coverage requirements of the underlying zoning district or applicable overlay district unless modified by the Historic Landmark Commission for a property located within an H Historic Preservation Overlay District.

b. Size Requirements: No accessory dwelling unit shall occupy more than fifty percent (50%) of the gross square footage of the single family dwelling. The square footage of an attached garage shall not be included in the gross square footage unless the accessory dwelling unit is located in a basement that includes habitable space below the garage.

c. Entrance Locations: Entrances to an accessory dwelling unit that are located within a single family dwelling shall only be permitted in the following locations:

(1) An existing entrance to the single family dwelling;

(2) When located on a building facade that faces a corner side yard, the entrance shall be set back a minimum of twenty feet (20') from the front building facade;

(3) Exterior stairs leading to an entrance above the first level of the principal structure shall only be located on the rear elevation of the building;

(4) Side entrances to an accessory dwelling unit are not considered a principal entry to the building and are exempt from subsection 21A.24.010H, "Side Entry Buildings", of this title;

(5) Located on the rear facade of the dwelling;

(6) Located in a side yard provided the side yard is at least eight feet (8') in width. Stairs leading to an ADU in the basement are permitted to encroach into the side yard.

3. Additional Requirements For An Accessory Dwelling Unit Located In A Detached Accessory Building: An accessory dwelling unit located in a detached accessory building or as an addition to an existing accessory building shall comply with the following standards, (except that any of the standards in this section may be modified by the Historic Landmark Commission for a property located in an H Historic Preservation Overlay District):

a. Bulk Requirements: Shall comply with all applicable general yard, bulk, and height limitations found in section 21A.40.050 of this chapter and any accessory building regulation found in the underlying zoning district or any applicable overlay zoning district unless otherwise regulated by this section. An accessory dwelling unit located in an additional accessory building may be constructed and shall not count towards the maximum square footage of all accessory buildings as stated in subsection 21A.40.050B2 of this chapter. The accessory building containing an accessory dwelling unit shall not have a footprint that is greater than fifty percent (50%) of the footprint of the principal dwelling, and shall not exceed six hundred fifty (650) square feet. An accessory building that contains an accessory dwelling unit and any other permitted accessory use shall comply with all building coverage requirements in section 21A.40.050 of this chapter.

b. Maximum Coverage: Shall comply with the building maximum coverage requirements of the underlying zoning district or applicable overlay zoning district, whichever is more restrictive.

c. Setbacks: All accessory dwelling units located in an accessory building shall be located between the rear wall of the single family dwelling and the rear property line and be subject to the following setback requirements:

(1) Shall be located a minimum of ten feet (10') from the single family dwelling located on the same parcel and any single family dwelling on an adjacent property.

(2) Side and rear yard setbacks:

(A) New Accessory Buildings: Shall be located a minimum of four feet (4') from any side or rear lot line.

(B) Additions To Existing Accessory Buildings: The addition shall be located a minimum of four feet (4') from any side or rear lot line. If an existing accessory building includes an addition, all of or portions of the existing structure may be used as an accessory dwelling unit provided the existing setbacks are not further reduced and the structure complies or can be altered to comply with the applicable sections of the adopted Fire Code of the City.

(C) Second Story Additions: A second story addition to an existing accessory building is permitted provided the second story addition has a minimum setback of ten feet (10') from a side or rear property line and the second story addition complies with all applicable regulations for accessory dwelling units located on a second floor of a detached accessory building. If the side or rear lot line is adjacent to an alley, the setback may be reduced to four feet (4').

d. Building Height:

(1) The maximum height of an accessory building containing an accessory dwelling unit shall not exceed the height of the single family dwelling on the property or exceed seventeen feet (17') in height, whichever is less.

Exception: If the single family dwelling on the property is over seventeen feet (17') in height, an accessory building containing an accessory dwelling unit may be equal to the height of the single family dwelling up to a maximum building height of twenty four feet (24') for an accessory building with a pitched roof or twenty feet (20') for an accessory building with a flat roof provided the accessory building is set back a minimum of ten feet (10') from a side or rear property line. The setback for additional height may be reduced to four feet (4') if the side or rear lot line is adjacent to an alley.

(2) Accessory building height shall be measured to the ridge of the roof for buildings with a pitched roof and to the top of the roof line for a flat roof.

e. Size Requirements: An accessory building that contains an accessory dwelling unit shall be subject to the building coverage requirements for accessory buildings found in section 21A.40.050 of this chapter. In no instance shall any accessory dwelling unit exceed a gross floor area of six hundred fifty (650) square feet.

f. Entrance Locations: The entrance to an accessory dwelling unit in an accessory building shall be located:

(1) Facing an alley, public street or facing the rear facade of the single family dwelling on the same property.

(2) Facing a side or rear property line provided the entrance is located a minimum of ten feet (10') from the side or rear property line.

(3) Exterior stairs leading to an entrance shall be located a minimum of ten feet (10') from a side or rear property line unless the applicable side or rear property line is adjacent to an alley in which case the minimum setback for the accessory building applies to the stairs.

g. Requirements For Windows: Windows on an accessory building containing an accessory dwelling unit shall comply with the following standards:

(1) Windows shall be no larger than necessary to comply with the minimum Building Code requirements for egress where required. Skylights, clerestory windows, or obscured glazing shall be used when facing a side or rear property line to comply with minimum Building Code requirements for air and light on building elevations that are within ten feet (10') of a side or rear property line unless the side or rear property line is adjacent to an alley.

(2) Except as required in subsection E3g(1) of this section, windows shall maintain a similar dimension and design as the windows found on the principal structure.

(3) Window openings located on the ground floor within an existing accessory building, whether conforming or non-conforming with window regulations in this chapter, may be retained if compliant with Building and Fire Codes. Existing windows located on a second level within an existing accessory building shall be brought into compliance with this section.

h. Balconies And Decks: Balconies and decks shall be designed as follows:

(1) Shall not exceed eighty (80) square feet in size when located above the ground level of the building;

(2) Shall be located a minimum of ten feet (10') from a side or rear yard lot line unless the applicable side or rear yard lot line is adjacent to an alley;

(3) Rooftop decks are prohibited.


F. Registration Process: Property owners seeking to establish an accessory dwelling unit shall comply with the following:

1. Application:

a. Zoning Certificate: Apply for a zoning certificate in accordance with chapter 21A.08 of this title.

(1) Certificate Of Occupancy: A certificate of occupancy for the ADU shall not be issued until a zoning certificate is issued. A zoning certificate may be issued at the same time as the certificate of occupancy. If a certificate of occupancy is not required, the zoning certificate shall be issued prior to the ADU being occupied.

(2) Good Landlord Program: If a business license is required for the rental of either the ADU or the single family dwelling, the owner shall be enrolled in the landlord/tenant initiative program as defined in title 5, "Business Taxes, Licenses And Regulations", of this Code prior to issuing a zoning certificate.

b. Building Permit: Apply for and obtain a building permit for the proposed accessory dwelling unit, regardless of method of creation.

c. Proof Of Owner Occupancy: An application for an accessory dwelling unit shall include documentation that demonstrates an owner occupant resides on the property. The documentation shall include any legal document that demonstrates compliance with subsection B, "Owner Occupant", of this section.

2. Deed Restriction: A lot approved for development with an accessory dwelling unit shall have a deed restriction, the form of which shall be approved by the City Attorney, and shall be filed with the County Recorder's Office. The form shall state that the owner occupant must occupy the property as required within this section. Such deed restriction shall run with the land until the accessory dwelling unit is abandoned or revoked.

3. Certificate Of Occupancy: No accessory dwelling unit shall receive a certificate of occupancy or be occupied until the property owner completes the registration process outlined in this section. Registration is not required if the ADU is occupied by relatives of the property owner.


G. Abandonment: If a property owner is unable or unwilling to fulfill the requirements of this section, the owner shall remove those features of the accessory dwelling unit that make it a dwelling unit. Failure to do so will constitute a violation of this section.


H. Reporting: The Planning Division shall provide an annual report to the City Council detailing the number of applications, address of each unit for which an application was submitted, a brief explanation of reasons why an application was denied, and a map showing approved accessory dwelling units. The report shall be transmitted to the City Council by February 15th for the previous year. (Ord. 53-18, 2018)

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