In this chapter and the associated zoning map, the CSHBD Zone is divided into two (2) subareas for the purpose of defining design criteria. In other portions of this text, the CSHBD1 and CSHBD2 Zones are jointly referred to as the CSHBD Zone because all other standards in this title are the same.
A. Purpose Statement: The purpose of the CSHBD Sugar House Business District is to promote a walkable community with a transit oriented, mixed use town center that can support a twenty-four (24) hour population. The CSHBD provides for residential, commercial and office use opportunities, with incentives for high density residential land use in a manner compatible with the existing form and function of the Sugar House master plan and the Sugar House Business District.
B. Uses: Uses in the CSHBD Sugar House Business District as specified in Section 21A.33.030, "Table of Permitted and Conditional Uses for Commercial Districts", of this title are permitted, subject to the general provisions set forth in Section 21A.26.010 of this chapter and this section.
C. Design Standards Compliance: Development shall comply with the requirements of Chapter 21A.37 "Design Standards" when applicable as specified in that chapter.
D. Design Review: All new construction of principal buildings that exceed fifty feet (50') in height in the CSHBD1 District or thirty feet (30') in height in the CSHBD2 District or twenty thousand (20,000) gross square feet in size in either district shall be subject to design review. Design review shall be approved in conformance with the "Sugar House Business District Design Guideline Handbook" (located as an appendix section in the Sugar House Master Plan), "Sugar House Circulation and Streetscape Amenities Plan," and the provisions of Chapter 21A.59 of this title.
E. Minimum Lot Size: No minimum lot area or width is required.
F. Minimum Yard Requirements:
1. Front and Corner Side Yards: No minimum yard is required.
2. Maximum Front/Corner Side Yard Setback: The maximum front and corner side yard setback is fifteen feet (15'). Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk, and/or the modification conforms with the "Sugar House Business District Design Guidelines Handbook" or "Sugar House Circulation and Streetscape Amenities Plan." Appeal of an administrative decision is to the planning commission.
3. Interior Side Yards: None required.
4. Rear Yards: None required.
5. Buffer Yards: All lots abutting a lot in a residential district shall conform to the buffer yards and landscape requirements of Chapter 21A.48 of this title.
6. Setback from Single-Family Zones: For those structures located on properties zoned CSHBD that abut properties in a Low Density, Single-Family Residential Zone, every three feet (3') in building height above thirty feet (30'), shall be required a corresponding one foot (1') setback from the property line at grade. This additional required setback area can be used for landscaping or parking.
7. Parking Setbacks: See Table 21A.44.060 for parking location restrictions.
G. Maximum Height: Maximum height limits vary, depending upon location and land use. The following regulations shall apply for each area within the CSHBD Zone:
1. CSHBD1:
Height Limit | Residential Use | Nonresidential Use |
Up to 30' | Allowed. | Allowed. |
>30' to 75' | Allowed. | For every square foot of nonresidential gross floor area above 30' in height, an equivalent gross floor area of residential use must be provided. The residential floor area may be provided within the same building or in a separate building. Separate building option requires a development agreement with the city specified in Subsection 21A.26.060
.I. |
>75' to 105' | Allowed if 90% of the required parking for the building is within a parking structure. | Compliance with the same standard for >30' to 75'height noted above, and 90% of the required parking for the building must be located within a parking structure. |
2. CSHBD2:
Height Limit | Residential Use | Nonresidential Use |
Up to 30' | Allowed. | Allowed. |
>30' to 60' | Allowed. | For every square foot of nonresidential gross floor area above 30' in height, an equivalent gross floor area of residential use must be provided. The residential floor area may be provided within the same building or in a separate building. Separate building option requires a development agreement with the City specified in Subsection 21A.26.060
.I. If the residential is provided off-site, the nonresidential building is limited to a height of 45'. |
H. First Floor/Street Level Requirements: The ground floor use area required by Chapter 21A.37 shall be occupied by residential, retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters or performing art facilities.
For such areas facing 2100 South, 1100 East, or Highland Drive, residential dwelling units are not allowed within the required ground floor use area. Live/work units are allowed in this space if the working area of the unit is located on the ground floor.
I. Residential Requirement for Mixed Use Developments: For those mixed use developments requiring a residential component, the residential portion of the development shall be as follows:
1. Located in the same building as noted in Subsection G of this section, or
2. May be located in a separate building and/or on a different property in the area zoned CSHBD. For such off site residential configuration, the amount of residential development required is equal to the total amount of gross square footage obtained for the nonresidential floors rising in excess of thirty feet (30'). In addition, prior to the issuance of a building permit for the nonresidential structure, the applicant must identify specifically where the residential structure will be located in the area zoned CSHBD and enter into a development agreement with the city to ensure the construction of the residential structure in a timely manner. In such cases where the residential use is built off site, one of the following shall apply:
a. Construction of the off site residential use must be progressing beyond the footings and foundation stage, prior to the nonresidential portion of the development obtaining a certificate of occupancy, or
b. Prior to the nonresidential portion of the development obtaining a certificate of occupancy, a financial assurance shall be provided to the city assuring that construction of the residential use will commence within two (2) years of receiving a certificate of occupancy for the nonresidential component of the development. The financial assurance shall be in an amount equal to fifty percent (50%) of the construction valuation for the residential component of the development as determined by the building official. The city shall call the financial assurance and deposit the proceeds in the city's Housing Trust Fund if construction has not commenced within two (2) years of the issuance of the certificate of occupancy for the nonresidential component of the development.
J. Park Strip Materials: Properties within this zoning district may utilize alternative park strip landscaping materials. Alternative materials are subject to planning director approval based on its compliance with the adopted “Circulation and Streetscape Amenities Plan” or its successor.
K. Street Trees: Street trees are required and subject to the regulations in Chapter 21A.48. If a park strip does not exist, street trees are required when the sidewalk width of at least 10' can be maintained, to which required street trees shall be planted in tree wells with tree grates with sufficient soil volume as determined by the Urban Forestry Division.
L. Street Lighting: Street lighting shall be installed in accordance with the City Street Lighting Master Plan (or its successor) and any other contract or agreement with the city pertaining to street lighting. This requirement only applies to new principal buildings.
M. Sidewalk Materials: Sidewalk paving shall include a minimum of ten percent (10%) brick or pavers as an accent material, subject to engineering division approval. Modifications to this requirement may be approved by the planning director if in compliance with the adopted "Sugar House Circulation and Streetscape Amenities Plan" or its successor. This requirement only applies to new principal buildings.
N. Sidewalk Width: Sidewalks shall be a minimum of ten feet (10') wide. This requirement applies to new principal buildings and to additions that increase the gross building square footage by more than fifty percent (50%). This standard does not require removal of existing street trees, existing buildings, or portions thereof. For purposes of this section, sidewalk width is measured from the back of the park strip or required street tree if no park strip is provided, toward the adjacent property line. Modifications to this requirement may be approved by the planning director if in compliance with the adopted "Sugar House Circulation and Streetscape Amenities Plan" or its successor. (Ord. 12-24, 2024: Ord. 72-21, 2021: Ord. 14-19, 2019: Ord. 23-18, 2018: Ord. 12-17, 2017)