The provisions in this section provide optional incentives to development projects that include the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may be combined with the incentives outlined in Subsection 21A.52.060.B.
A. Adaptive Reuse for Additional Uses in Eligible Buildings:
1. Purpose: To allow additional land uses in buildings that generally contribute to the character of the city so they can be redeveloped for economically viable uses. These buildings may be underutilized or have outlived their original use due to economic conditions, size of the building, a substantial degree of deterioration of the property, or other factors. Eligible buildings may hold historical or cultural significance or contribute to the existing neighborhood fabric through their architectural features, size, or previous use.
2. Applicability: The incentives in this subsection apply to adaptive reuse of a building that meets the eligibility standards in Subsection 21A.52.060.A.3.
3. Eligibility Standards:
a. The following buildings are eligible for the incentives in this subsection:
(1) Landmark Sites;
(2) Buildings individually listed on the National Register of Historic Places;
(3) Buildings designed and formerly used for schools, hospitals, places of worship, or other similar institutional uses; and
(4) Buildings that the planning director has deemed significant based on the structure's association with events that have contributed to broad patterns of history, association with lives of persons important in the city's past, or displays distinctive characteristics of a type, period, or method of construction.
b. Exterior features that are important in defining the overall character of the building shall be retained.
c. Exterior alterations to the eligible building shall meet the standards in Subsection 21A.34.020.G.
d. The proposed use is conducive to the preservation of the building.
e. A change of use to a residential use is not permitted in the OS (Open Space) zoning district.
f. If the eligible building is located in a residential zoning district, and the existing use is residential, a change of use to nonresidential is not permitted.
g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate of Appropriateness in accordance with Section 21A.34.020.
4. Incentives:
a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use may be allowed as a permitted or conditional use in zoning districts where Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use tables in Chapter 21A.33, subject to the provisions in this subsection and any specific provisions applicable to the use in this title. Any conditional use shall be reviewed pursuant to the procedures and standards outlined in Chapter 21A.54.
(1) Prohibited Uses: A change of use to one of the following uses is prohibited: Ambulance services (indoor and outdoor), amusement park, auditorium, bio-medical facility, bus line station/terminal, bus line yard and repair facility, car wash, check cashing/payday loan business, community correctional facility (large and small), contractor's yard/office, drive-through facility associated with any use, equipment rental (indoor and outdoor), gas station, heliport, hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind energy system, laundry and dry cleaning establishments, limousine service (large and small), heavy manufacturing, pet cemetery, recycling collection station, sexually oriented business, sign painting/fabrication, storage (outdoor), public storage (outdoor), wireless telecommunications facility, homeless resource centers, and any other uses that are only allowed in the manufacturing districts.
b. Parking and Loading: The following are the minimum off-street parking and loading requirements for the eligible building. These minimums may be further reduced with the alternatives to minimum parking calculations in Section 21A.44.050.
(1) Multi-Family: 0.5 off-street parking space per dwelling unit is required;
(2) Nonresidential: The minimum number of required off-street parking spaces for the proposed use listed in the general context of the required off-street parking table in Chapter 21A.44 may be reduced by forty percent (40%);
(3) Existing Parking Below the Minimum: If the existing parking for the eligible building does not meet the minimum off-street parking requirements above, no additional parking shall be required;
(4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements of the zoning district do not apply for the adaptive reuse in all zoning districts. In the RMF-30 zoning district, the minimum lot size per dwelling unit does not apply.
5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. The restrictive covenant shall be recorded on the property with the Salt Lake County Recorder prior to issuance of a building permit for a building using the incentives. The restrictive covenant shall run with the land for the duration of the adaptive reuse and shall provide for the following, without limitation:
a. Acknowledge the use of the incentives, the nature of the approval, and any conditions thereof;
b. Shall guarantee that the physical elements of the eligible building used to qualify for the incentives shall remain in substantially the same form and exterior features important to the character of the building shall be preserved for the duration of the adaptive reuse or if subject to Section 21A.34.020, indefinitely unless otherwise permitted by the terms of a certificate of appropriateness;
c. The terms of compliance with all applicable regulations and the potential enforcement actions for any violation of the restrictive covenant.
6. Modifications to Approved Adaptive Reuse: Any modification to the use approved under these incentives requires a new zoning incentives application. Any new adaptive reuse shall also require a new zoning incentives application unless the new use is permitted in the table of permitted and conditional uses for the zoning district.
7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the property as set forth in Subsection 21A.52.060.A.5, shall be investigated and prosecuted pursuant to Chapter 21A.20. The city shall have additional remedies or financial penalties for violations as identified in the terms of the restrictive covenant required by Subsection 21A.52.060.A.5, which shall be reasonably related to enforcement of the requirements and purpose of Subsection 21A.52.060.A.
B. Preservation of a Principal Building:
1. Purpose: The incentives set forth in this section are intended to encourage the preservation of buildings, supporting city goals related to sustainability, neighborhoods, economy, and housing. The provisions are designed to support developments that include preserving an eligible building by allowing flexibility with certain zoning regulations while still maintaining the unique urban fabric and character of neighborhoods.
2. Applicability: The incentives in this subsection apply to projects in all zoning districts that preserve an existing principal building that meets the eligibility standards in Subsection 21A.52.060.B.3. These incentives may be applied to existing principal buildings and new construction within the same development area. For the purposes of this subsection, the development area may include multiple abutting lots or parcels.
3. Eligibility Standards:
a. Building Age: The existing building to be preserved shall be a minimum of fifty (50) years old.
b. Minimum Footprint of Eligible Building: The footprint of the eligible building to be preserved covers a minimum of twenty five percent (25%) of the development area. A lower percentage may be considered by the planning director if the building has frontage on a public street, contains a publicly accessible use such as retail, restaurant, or entertainment, or would be highly visible from public spaces within the interior of the site.
c. Retention of All Existing Principal Structures: In the FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, SR-3, and all RMF zoning districts, all existing principal structures included in the overall development area shall be retained.
d. Modifications to Existing Building: A maximum of twenty five percent (25%) of each street facing building wall may be removed to accommodate modifications or additions. No more than fifty percent (50%) of the building's exterior walls may be removed. Portions of a building wall with character defining architectural features shall not be removed.
e. Retention of Existing Active Commercial Uses: Eligible buildings with existing active commercial uses with ground level street frontage are subject to the following requirements. For the purpose of this subsection, active commercial uses are those that support the vibrancy and usability of the public realm adjacent to a building and encourage pedestrian activity and walk-in traffic. Active uses may include retail goods/service establishments, restaurants, bars, art and craft studios, or other uses determined to be substantially similar in terms of activation by the planning director.
(1) A minimum of fifty percent (50%) of the length shall be retained along the street frontage in the existing building or be included as part of the new development. If included in the new development, the active commercial use shall have the primary entrance on the street frontage with direct public access from the street frontage.
(2) The existing depth of the active commercial use shall be maintained or a minimum depth of twenty five (25) feet, whichever is less.
(3) These requirements do not apply to nonconforming active commercial uses with ground level street frontage.
4. Incentives:
a. Planned Development Waived: A planned development is not required for the following:
(1) More Than One Principal Building Per Lot: More than one principal building per lot is allowed without having frontage along a public street.
(2) Lots without Frontage on a Public Street: Lots do not require frontage on a public street if necessary cross access easements are provided.
b. Administrative Planned Development: The following are authorized through an administrative planned development pursuant to the procedures and standards in Chapter 21A.55. The minimum planned development size required by Section 21A.55.060 does not apply:
(1) Modification to the minimum yard requirements.
(2) Modification to the open space and landscaping requirements when the modification specifically relates to preserving the existing building(s).
(3) Modifications to the provisions for awnings and canopies, balconies, patios, and porches in Table 21A.36.020.B, Obstructions in Required Yards.
(4) Modifications to the parking location and setback requirements in Table 21A.44.060.A.
(5) Parking within the boundary of a planned development area but located on a different parcel or lot than the use(s) it is intended to serve, is allowed and is not considered off-site parking. The parking must only serve the uses within the planned development area unless otherwise authorized by other provisions of this title.
c. Minimum Lot Area, Width and Coverage:
(1) The minimum lot width for the land use found in the minimum lot area and lot width tables of the zoning district does not apply.
(2) The minimum lot area for the land use found in the minimum lot area and lot width tables of the zoning district only applies for the following zoning districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000.
(3) RMF-30 zoning district: The minimum lot size per dwelling unit does not apply.
(4) Lot coverage may be calculated for the overall development area not the individual lot or parcel within the development area.
d. Height: Additional building height is authorized in zoning districts as indicated in the following sections through administrative design review. The maximum height per story of the additional building height incentive shall not exceed 12 feet. Administrative design review shall be reviewed pursuant to the procedures and standards in Chapter 21A.59. The additional height authorized by this subsection shall not be combined with the additional height authorized by Section 21A.52.050, Affordable Housing Incentives.
(1) Residential districts:
Zoning District | Permitted Maximum Height with Incentive |
RMU-35 | 45', regardless of abutting use or zone. |
RMU-45 | 55', regardless of abutting use or zone. |
RB | 1 additional story equal to or less than the average height of the other stories in the building. |
RMU | 3 additional stories equal to or less than the average height of the other stories in the building. |
RO | 1 additional story equal to or less than the average height of the other stories in the building. |
(2) Commercial Districts:
Zoning District | Permitted Maximum Height with Incentive |
Zoning District | Permitted Maximum Height with Incentive |
CB | 1 additional story equal to or less than the average height of the other stories in the building. |
CN | May build one additional story equal to or less than the average height of the other stories in the building. |
CC | 45' |
CG | 2 additional stories equal to or less than the average height of the other stories in the building. 3 additional stories equal to or less than the average height of the other stories in the building for properties in the boundary described in Subsection 21A.26.070
.G. |
CSHBD1 | 105' and 2 additional stories equal to or less than the average height of the other stories in the building. |
CSHBD2 | 60' and 1 additional story equal to or less than the average height of the other stories in the building. |
TSA-Transition | 1 additional story equal to or less than the average height of the other stories in the building. |
TSA-Core | 2 additional stories equal to or less than the average height of the other stories in the building. |
(3) Form-based districts:
Zoning District | Permitted Maximum Height with Incentive |
MU-8 | 90' and 2 additional stories equal to or less than the average height of the other stories in the building. |
FB-MU11 | 125' and 3 additional stories equal to or less than the average height of the other stories in the building. |
FB-UN2 | 1 additional story equal to the average height of the other stories in the building. |
FB-SC | 1 additional story equal to the average height of the other stories in the building. |
FB-SE | 1 additional story equal to the average height of the other stories in the building. |
FB-UN1 | 3 stories and 30' in height. |
(4) Downtown districts:
Zoning District | Permitted Maximum Height with Incentive |
D-2 | 120' and 2 additional stories equal to or less than the average height of the other stories in the building. |
D-3 | 180' and 3 additional stories equal to or less than the average height of the other stories in the building. |
(5) Other districts:
Zoning District | Permitted Maximum Height with Incentive |
GMU | 180' and 2 additional stories equal to or less than the average height of the other stories in the building. |
MU | 60' provided that the additional height is for residential uses only. |
I | Building heights in excess of 35' but not more than 75' provided, that for each foot of height over 35', each required yard shall be increased 1'. |
UI | Building heights in excess of 75' but not more 120' provided that the additional height is supported by the master plan and compatible with the adjacent neighborhood. |
OS - Lots greater than 4 acres | Building heights in excess of 45' up to 60' provided that for each foot of height over 45', each required yard and landscaped yard shall be increased by 1'. |
e. Administrative design review is permitted for the following:
(1) Buildings in the CSHBD1 or CSHBD2 zoning district that exceed twenty thousand (20,000) square feet in size.
(2) Buildings in the CB zoning district that exceed seven thousand five hundred (7,500) gross square feet of floor area for a first-floor footprint or in excess of fifteen thousand (15,000) gross square feet floor area.
f. Parking: The following are the minimum off-street parking requirements unless a lesser requirement is listed in the required off-street parking table in Chapter 21A.44. These minimums may be further reduced with the alternatives to minimum parking calculations in Section 21A.44.050.
(1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling unit for all other residential uses.
(2) Nonresidential: The minimum number of required off-street parking spaces for the proposed use listed in the required off-street parking table in Chapter 21A.44 may be reduced by forty percent (40%).
(3) Existing Parking Below the Minimum: If the existing parking for the eligible building does not meet the minimum off-street parking requirements above, no additional parking shall be required.
(4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
g. Minimum Required Yards: The minimum required yards may apply to the perimeter of the development area and not to the individual lot or parcel within the development area.
5. Design Standards for New Construction: Unless a stricter design standard related to each of the following is included in the base zone or Chapter 21A.37, the following design standards are required for all zones except single and two-family zoning districts:
a. Building Materials: Other than windows and doors, fifty percent (50%) of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, fiber cement board or other material that includes a minimum manufacturer warranty of twenty (20) years from color fading, weather, and local climate induced degradation of the material. Other materials may be used for the remainder of the facade facing the street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the proposed location on the building.
b. Ground Floor Glass: The surface area of the ground floor of a street facing façade shall contain a minimum percentage of glass as indicated below, calculated between three (3) feet and eight (8) feet above grade. All ground floor glass shall allow unhampered and unobstructed visibility into the building for a depth of at least 5 feet, excluding any glass etching and window signs when installed and permitted in accordance with Chapter 21A.46, "Signs", of this title.
(1) Nonresidential Uses: fifty percent (50%) ground floor glass.
(2) Residential Uses: If the ground level of the building is occupied by residential uses that face the street, the minimum glass requirement is twenty percent (20%).
c. Upper Floor Glass: The surface area of the façade of each street facing floor above the ground floor must contain a minimum of twenty percent (20%) glass.
d. Maximum Length of a Blank Wall: The maximum length of any blank wall uninterrupted by windows or doors at the ground floor level along any street facing façade is fifteen (15) feet. Emergency exit doors and doors to access structured parking or utility equipment shall not count as an interruption.
e. Maximum Length of Street Facing Facades:
(1) The maximum length of each street facing building facade shall not exceed one hundred (100) feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts.
(2) The maximum length of each street facing building façade shall not exceed one hundred seventy five (175) feet in all other zoning districts.
f. Building Entrances: A building entrance that provides direct access to the use with a walkway connected to the public sidewalk is required for each ground floor street facing façade as follows:
(1) Single Family Attached: All units abutting a street shall have the primary entrance on the street.
(2) Multi-family: At least one building entrance is required for each street facing façade. Additional building entrances shall be required every seventy five (75) feet.
(3) Unless the base zone of the property has specific entry feature requirements, all required residential building entries shall have an unenclosed entry porch, portico, awning or canopy, or emphasized doorway entry feature as described in Subsection 21A.37.050.P. The entry feature may encroach in the front yard setback, but the encroachment shall not be closer than five (5) feet from the front property line.
(4) Nonresidential Uses: At least one building entrance is required for each street facing façade. Additional building entrances shall be required every forty (40) feet.
g. Garage Doors Facing Street: Garage doors are prohibited on the façade of the building that is parallel to, or located along, a public street.
h. Screening of Mechanical Equipment: All mechanical equipment shall be screened from public view and sited to minimize their visibility and impact. Examples of siting include on the roof, enclosed or otherwise integrated into the architectural design of the building, or in a rear or side yard area subject to yard location restrictions found in Section 21A.36.020, Table 21A.36.020B, "Obstructions In Required Yards".
6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. The restrictive covenant shall be recorded on the property with the Salt Lake County Recorder prior to issuance of a building permit for a building using the incentives. The restrictive covenant shall run with the land and shall provide for the following, without limitation:
a. Acknowledge the use of the incentives, the nature of the approval, and any conditions thereof;
b. Shall guarantee that the physical elements of the eligible building used to qualify for the incentives shall remain in substantially the same form and exterior features important to the character of the building shall be preserved during the term;
c. Projects that apply the incentives to new buildings on the development site shall guarantee retention of the eligible building used to qualify for the incentives for a minimum term of thirty (30) years or, if the eligible building is subject to Section 21A.34.020, indefinitely unless otherwise permitted by the terms of a certificate of appropriateness after such thirty (30) year period;
d. The terms of compliance with all applicable regulations and the city's potential remedies for any violation of the restrictive covenant.
7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the property as set forth in Subsection 21A.52.060.B.6, shall be investigated and prosecuted pursuant to Chapter 21A.20. The city shall have additional remedies or financial penalties for violations as identified in the terms of the restrictive covenant required by Subsection 21A.52.060.B.6, which shall be reasonably related to enforcement of the requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a violation of the covenant may include liquidated damages representing a reasonable estimate of the value of the incentives, plus other associated damages valued up to twenty percent (20%) of the tax assessed value of the preserved building over the three preceding years. (Ord. 56-24, 2024)