21A.30.045: D-4 DOWNTOWN SECONDARY CENTRAL BUSINESS DISTRICT:
   A.   Purpose Statement: The purpose of the D-4 Secondary Central Business District is to foster an environment consistent with the area's function as a housing, entertainment, cultural, convention, business, and retail section of the city that supports the Central Business District. Development is intended to support the regional venues in the district, such as the Salt Palace Convention Center, and to be less intense than in the Central Business District. This district is appropriate in areas where supported by applicable master plans. The standards are intended to achieve established objectives for urban and historic design, pedestrian amenities, and land use control, particularly in relation to retail commercial uses.
   B.   Uses: Uses in the D-4 Secondary Central Business District as specified in Section 21A.33.050, "Table of Permitted and Conditional Uses for Downtown Districts", of this title, are permitted subject to the general provisions set forth in Section 21A.30.010 of this chapter. In addition, all conditional uses in the D-4 District shall be subject to design evaluation and approval by the planning commission.
   C.   Minimum Lot Size: No minimum lot area or lot width is required.
   D.   Yard Requirements:
      1.   Front and Corner Side Yards: No minimum yards are required, however, a maximum front yard setback of eight feet (8') is allowed.
         a.   The yard must be designed with the usability as a consideration. Development that implements the maximum yard is required to have at least one of the following elements:
            (1)   Seating at a ratio of at least one bench for every five hundred (500) square feet of yard space;
            (2)   Landscaping that includes an increase of at least twenty five percent (25%) in the total number of trees required to be planted on the site; or
            (3)   Awning or a similar form of weather protection that covers at least five feet (5') in width and length from all street-facing building entrances.
         b.   Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title.
         c.   The planning director, in consultation with the transportation director, may modify this requirement to accommodate a wider sidewalk if the adjacent public sidewalk is less than fifteen feet (15') wide and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansions, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following:
            (1)   The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture, or
            (2)   The addition reduces the extent of the noncompliance of the existing building.
         d.   Regardless of the setback provided, doors shall be setback a minimum distance to allow the door to operate without swinging into a right of way or midblock walkway.
      2.   Interior Side Yards: No minimum side yard is required except a minimum of ten feet (10') is required when the side yard is adjacent to a zoning district with a maximum permitted height of thirty five feet (35') or less.
      3.    Rear Yard: No minimum rear yard is required except a minimum of ten feet (10') is required when the rear yard is adjacent to a zoning district with a maximum permitted height of thirty five feet (35') or less.
   E.    Building Height: Buildings in the D-4 zoning district shall comply with the following provisions:
      1.   The permitted building height shall not exceed seventy five feet (75').
      2.   Buildings taller than seventy-five feet (75') and up to one hundred twenty feet (120') may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title.
         a.   Additional Height: Additional height may be authorized up to one hundred twenty feet (120') if the street facing facades contain ground floor commercial uses other than parking for at least seventy five percent (75%) of the street facing facades according to Chapter 21A.37 and subject to approval through the design review process in Chapter 21A.59.
         b.   Additional Permitted Height Location: Additional height greater than one hundred twenty feet (120') but not more than three hundred seventy five feet (375') in height is permitted in the area bounded by:
            (1)   The centerlines of South Temple, West Temple, 200 South, and 200 West Streets; and
            (2)   Beginning at the Southeast Corner of Block 67, Plat 'A', Salt Lake City Survey, and running thence along the south line of said Block 67, N89°54'02"W 283.86 feet; thence N00°04'50"E 38.59 feet; thence N10°46'51"W 238.70 feet; thence N24°45'15"W 62.98 feet; thence S89°54'02"E 355.45 feet to the east line of said Block 67; thence along said east line S00°06'35"W 330.14 feet to the point of beginning. Contains 102,339 square feet, or 2.349 acres, more or less.
      3.   Buildings in excess of one hundred twenty feet (120') up to three hundred seventy five feet (375') may be authorized subject to the following provisions:
         a.   Approval is subject to Chapter 21A.59 Design Review;
         b.   Shall include a minimum stepback of five feet (5') or other architectural feature that can deflect snow and ice from falling directly onto a sidewalk, midblock walkway, or other public space. The stepback may be located above the height of the first floor and below one hundred twenty feet (120') in height above the sidewalk or public space. Buildings that are clad in glass that totals less than fifty percent (50%) of the total wall surface area are exempt from this requirement;
         c.   The additional height is supported by the applicable master plan; and
         d.   The building includes at least one of the following five options:
            (1)   Midblock walkway is provided on the property and the midblock walkway connects to an existing or planned street, midblock walkway, or publicly accessible public space and exceeds all the required dimensions of Section 21A.30.010.G by at least five feet. This option allows for additional height in return for exceeding the midblock walkway requirements;
            (2)   The building is utilizing affordable housing incentives identified in chapter 21A.52 of this title;
            (3)   The property where the building is located exceeds the minimum requirement for ground floor uses identified in Chapter 21A.37 (Design Standards) of this title, specifically:
               (A)   For Subsection 21A.37.050.A.1 (Design Standards Defined, Ground Floor Use Only), the requirement must be increased to one hundred percent (100%). This option requires that the entire ground floor use of a building consists of retail good establishments, retail service establishments or restaurants, public service portions of businesses, department stores, art galleries, motion picture theaters, performing art facilities or similar uses that encourages walk-in traffic through an active use. Vehicle entry and exit ways necessary for access to parking are exempt from this requirement.; or
               (B)   For Subsection 21A.37.050.A.2 (Design Standards Defined, Ground Floor Use and Visual Interest), the ground floor use requirement must be increased to seventy five percent (75%) and the visual interest requirement must be increased to twenty five percent (25%). This option requires for an increased percentage of ground floor space to be used for an active use, and an increased percentage of the building to provide visual interest;
            (4)   The applicant provides a restrictive covenant on a historic building, a building that is fifty (50) years or older, or a building that is a nationally recognized property, located outside of the H Historic Preservation Overlay District for the purpose of preserving the structure for a minimum of fifty (50) years.
            (5)   The proposal includes a privately owned, publicly accessible open space on the property or on another property within the geographic boundaries of the Downtown Plan. To qualify for this provision, a restrictive covenant in the favor of the city shall be recorded against the open space portion of the property. The space shall be a minimum of five hundred (500) square feet and include enough trees to provide a shade canopy that covers at least sixty percent (60%) of the open space area. This option allows for additional height in return for the designation of open public open space.
         e.   Exception: The first fifty feet (50') of height shall not be set back from the street front more than five feet except that setbacks greater than five feet (5') may be approved through the design review process or, has otherwise allowed by this code. (Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 67-22, 2022: Ord. 14-19, 2019: Ord. 75-18, 2018: Ord. 12-17, 2017)