A. Purpose Statement: It is the purpose of this district to promote the public health, safety and general welfare of the present and future residents of the City and downstream drainage areas by providing for the protection, preservation, proper maintenance, and use of the City's watercourses, lakes, ponds, floodplain and wetland areas. The requirements of this district shall supplement other applicable codes and regulations, including State and Federal regulations and the Salt Lake City floodplain ordinance.
B. Lowland Protection Areas: Areas protected by the LC Lowland Conservancy Overlay District encompass areas consisting of waterbodies such as streams, lakes, ponds and wetlands, as identified on the zoning map, and also the Jordan River and the Surplus Canal. These areas are referred to herein as lowland protection areas.
C. Lowland Protection Area Standards:
1. Setback Required: A nonbuildable setback area around the waterbodies described in subsection B of this section shall be required. The nonbuildable setback shall be fifty feet (50') for nonresidential uses and twenty five feet (25') for residential uses from the boundary line of the LC Lowland Conservancy Overlay District as identified on the zoning map, or from the banks of the Jordan River or Surplus Canal.
2. Permitted Uses, Improvements, And Developments:
a. Within the limits of a water body, permitted developments and improvements to land are limited to the following:
(1) Public road and bridge crossings;
(2) Public and private drainage infrastructure;
(3) Repair or replacement of existing private utility poles, lines and towers;
(4) Utility, building or structure (public); and
(5) Utility, transmission wire, line, pipe or pole (public).
b. Within the setback area identified in subsection C1 of this section, permitted uses shall be limited to the following, subject to the other requirements of this district:
Agricultural uses, provided such uses are permitted in the underlying district and do not involve any grading, earthmoving, modification of site hydrology, removal of wetland vegetation or construction of permanent buildings/structures.
Open space and recreational uses that do not involve any grading, earthmoving, modification of site hydrology, removal of wetland vegetation or construction of permanent buildings/structures.
All other uses listed as permitted uses within the limits of a water body.
3. Conditional Uses:
a. Within the limits of a water body, conditional uses shall be limited to those involving only limited filling, excavating or modification of existing hydrology, as listed below:
Boat docks and piers.
Boat launching ramps.
Observation decks and walkways within wetlands.
Private roads and bridges.
Public and private parks including wildlife and game preserves, fish and wildlife improvement projects, and nature interpretive centers.
Swimming beaches.
Underground utility transmission infrastructure (private), subject to the following:
(1) An appropriate plan for mitigation of any construction activities shall be prepared, and
(2) Absent any State or Federal regulations, a plan for creating no adverse impact should the line be abandoned shall be prepared.
Watercourse relocation and minor modifications.
b. Within the setback area identified in subsection C1 of this section, conditional uses shall be limited to the following:
All other uses listed as conditional uses within the limits of a water body.
Pedestrian paths and trails.
Public and private open space that requires grading or modification of site hydrology.
4. Natural Vegetation Buffer Strip: A natural vegetation strip shall be maintained along the edge of the stream, lake, pond or wetland to minimize erosion, stabilize the stream bank, protect water quality, maintain water temperature at natural levels, preserve fish and wildlife habitat, to screen manmade structures, and also to preserve aesthetic values of the natural watercourse and wetland areas. Within the twenty five foot (25') natural vegetation strip, no buildings or structures (including paving) may be erected, except as allowed by conditional use. However, normal repair and maintenance of existing buildings and structures shall be permitted. The natural vegetation strip shall extend landward a minimum of twenty five feet (25') from the ordinary high water mark of a perennial or intermittent stream, lake or pond and the edge of a wetland. The natural vegetation strip may be interrupted to provide limited access to the water body.
Within the natural vegetation strip, trees and shrubs may be selectively pruned or removed for harvest of merchantable timber, to achieve a filtered view of the water body from the principal structure and for reasonable private access to the stream, lake, pond or wetland. Said pruning and removal activities shall ensure that a live root system stays intact to provide for stream bank stabilization and erosion control.
5. Landscape Plan Required: A landscape plan shall be submitted with each conditional use permit application for development activity within the LC Lowland Conservancy Overlay District and contain the following:
a. A plan describing the existing vegetative cover of the property and showing those areas where the vegetation will be removed as part of the proposed construction;
b. A plan describing the proposed revegetation of disturbed areas specifying the materials to be used. The vegetation must be planned in such a way that access for stream maintenance purposes shall not be prevented; and
c. Such a plan shall be in conformance with the requirements of chapter 21A.48 of this title and the specific landscape requirements in the Northwest Quadrant Overlay District where applicable.
D. State And Federal Permits Required: A conditional use shall not be granted unless the applicant has first obtained a section 404 permit from the Army Corps of Engineers and a stream alteration permit from the Utah State Department of Natural Resources, Water Rights Division, as applicable.
E. Conditional Use Standards: In addition to demonstrating conformance with the conditional use standards contained in chapter 21A.54 of this title, each applicant for a conditional use within the LC Lowland Conservancy Overlay District must demonstrate conformance with the following standards:
1. The development will not detrimentally affect or destroy natural features such as ponds, streams, wetlands, and forested areas, nor impair their natural functions, but will preserve and incorporate such features into the development's site;
2. The location of natural features and the site's topography have been considered in the designing and siting of all physical improvements;
3. Adequate assurances have been received that the clearing of the site topsoil, trees, and other natural features will not occur before the commencement of building operations; only those areas approved for the placement of physical improvements may be cleared;
4. The development will not reduce the natural retention storage capacity of any watercourse, nor increase the magnitude and volume of flooding at other locations; and that in addition, the development will not increase stream velocities;
5. The soil and subsoil conditions are suitable for excavation and site preparation, and the drainage is designed to prevent erosion and environmentally deleterious surface runoff;
6. The proposed development activity will not endanger health and safety, including danger from the obstruction or diversion of flood flow;
7. The proposed development activity will not destroy valuable habitat for aquatic or other flora and fauna, adversely affect water quality or groundwater resources, increase stormwater runoff velocity so that water levels from flooding increased, or adversely impact any other natural stream, floodplain, or wetland functions, and is otherwise consistent with the intent of this title;
8. The proposed water supply and sanitation systems are adequate to prevent disease, contamination and unsanitary conditions; and
9. The availability of alternative locations not subject to flooding for the proposed use. (Ord. 59-17, 2017)