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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)
In addition to the applicable use limitations of the district regulations, no accessory use shall be permitted unless it complies with the restrictions set forth below:
A. An accessory use 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 shall be established or constructed before the principal use is in operation or the structure is under construction in accordance with these regulations;
D. No commercial 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.
E. An accessory use shall be permitted if it is routinely and customarily associated with the principal use and not otherwise prohibited by this title. For residential uses, this includes accessory uses that are customarily associated with a dwelling, such as home office, outdoor living space, pool houses, storage, personal use, hobbies, and other similar uses but does not include short term rentals or other uses not allowed in the zoning district. (Ord. 64-21, 2021: Ord. 26-95 § 2(20-3), 1995)
All accessory buildings permitted by this chapter shall be subject to the following general requirements:
A. Location of Accessory Buildings:
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 Side Yards: Accessory buildings are prohibited in a required corner side yard. 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: Hoop houses, greenhouses, and cold frame structures associated solely with growing food and/or plants are allowed in any interior side yard. Other accessory buildings are permitted in a required interior side yard when located a minimum of four feet (4') from any portion of the principal building and behind the rear wall of the principal building as shown in the illustration below:
4. Rear Yards: Accessory buildings shall be built a minimum of four feet (4') from any portion of the principal building; however, pedestrian connections, such as breezeways, that do not exceed five feet (5') in width may be allowed. The minimum distance requirement does not apply to cold frames associated solely with growing food and/or plants.
5. Distance from lot lines: In residential districts, accessory buildings shall be built at least one foot (1') from sides and rear lot lines except when sharing a common wall with an accessory building on an adjacent lot.
6. Distance from residential buildings: Accessory buildings shall be a minimum of ten feet (10') from 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. This provision shall not be construed to limit the construction or expansion of a principal building.
7. Double Frontage Lots: On properties where two opposite ends of the lot have frontage on a street, accessory structures and buildings may be located in a front yard provided the accessory building or structure:
a. Is located in a provided yard that is directly opposite to the front yard where the primary entrance to the principal building is located;
b. Is in a location that is consistent with other accessory building locations on the block;
c. Complies with any sight distance triangle requirements of this title; and
d. Complies with all other accessory building and structure requirements of this title.
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 footprint of any accessory building, shall not exceed 50% of the building footprint of the principal structure except as follows:
(1) Notwithstanding the size of the footprint of the principal building, at least 480 square feet of accessory building coverage shall be allowed subject to compliance with all other requirements in Section 21A.40.050.
(2) Accessory buildings constructed within the buildable area that are located between the rear façade of the principal building and the rear yard setback may exceed 720 square feet provided the building is located entirely within the buildable area and the property complies with the maximum building coverage requirements of the underlying zoning district.
(3) The building coverage for a detached accessory dwelling unit shall be subject to the standards in 21A.40.200, regardless of the building coverage requirement in this section.
(4) An accessory building that contains an accessory dwelling unit on the second level may exceed the maximum coverage up to the footprint of the accessory dwelling unit.
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 to the highest point of the accessory building and shall conform to the following:
a. The height of accessory structures with flat roofs shall not exceed twelve feet (12'). The height of flat roof structures may be increased up to seventy five percent (75%) of the height of the principal structure, not to exceed fifteen feet (15') provided the setbacks increases one foot for every one foot of building height above twelve feet (12').
b. The height of accessory structures with pitched roofs shall not exceed seventeen feet (17') measured to the midpoint of the roof. The height of pitched roof structures may be increased up to seventy five percent (75%) of the height of the principal structure, not exceed twenty one feet (21') provided the setbacks increase one foot for every one foot of structure height above seventeen feet (17').
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 are measured from established grade to the highest point of the accessory structure and shall conform to the following:
a. The height of accessory structures with flat roofs shall not exceed twelve feet (12'), except that in the SR-1A zoning district the height of accessory structures with flat roofs shall not exceed nine feet (9'). The height of flat roof accessory structures may be increased up to seventy five percent (75%) of the height of the principal structure, not to exceed an additional three feet (3') except in the SR-1A zoning district where up to an additional two feet (2') may be permitted provided the setbacks are increased one foot (1') for every one foot of additional building height.
b. The height of accessory structures with pitched roofs shall not exceed seventeen feet (17') at any given point of building coverage. In the SR-1A zoning district the height of accessory structures with pitched roofs shall not exceed fourteen feet (14'). The height of pitched roof accessory structures may be increased up to seventy five percent (75%) of the height of the principal structure, not to exceed an additional four feet (4') except in the SR-1A zoning district where up to an additional three feet (3') may be permitted provided the setbacks are increased one foot for every one foot of building height.
D. Notwithstanding any other provision of this Code, all structures shall comply with the Sight Distance Triangle Requirements as defined and illustrated in Chapter 21A.62
of this title. The planning director, in consultation with the transportation director, may approve alternative design solutions that result in similar visual clearance and effectively mitigate safety concerns. (Ord. 70-24, 2024: Ord. 29-24, 2024: Ord. 10-24, 2024: Ord. 46-23, 2023: Ord. 17-23, 2023: Ord. 64-21, 2021: Ord. 82-12, 2012: Ord. 59-12, 2012: Ord. 51-11, 2011: Ord. 20-11, 2011)
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 abutting 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 when 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. 10-24, 2024: Ord. 53-23, 2023: Ord. 46-17, 2017: Ord. 60-14, 2014)
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