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Crematoriums may be approved where allowed by the applicable table(s) of permitted and conditional uses only when associated with a licensed funeral home, mortuary or dedicated animal cremation service. When reviewing the application for a crematorium, the planning commission or administrative hearing officer will consider the following factors for approval:
A. The crematorium shall emit no visible emissions or odor.
B. Noise emitted from the crematorium shall not exceed maximum sound levels set forth in title 9, chapter 9.28, "Noise Control", of this code.
C. All activity relating to the dead shall be handled discretely and screened from public view to the maximum extent possible, including delivery and storage of the remains.
D. The crematorium shall not be used for the disposal of any waste materials, including medical or industrial.
E. In the case of pet crematoriums, the use shall be for the preparation and cremation of pets only.
F. The crematorium shall receive all necessary approvals from applicable state and federal agencies.
G. The crematorium use shall be consistent with all adopted city ordinances and master plans.
H. The crematorium use shall be associated with a licensed funeral home for human cremation, or a dedicated animal cremation service for animal cremation.
I. A licensed funeral home or mortuary operating an approved crematorium may perform cremation services for other licensed funeral homes or mortuaries. (Ord. 19-10 § 2, 2010)
A. Standards: All small wind energy systems shall comply with the following requirements. If there is any conflict between the provisions of this section and any other requirements of the zoning, site development, and subdivision ordinances, the zoning administrator shall determine which requirements apply to the project in order to achieve the highest level of neighborhood compatibility.
1. Setback: The base of the tower shall be set back from all property lines, public rights of way, and public utility lines a distance equal to the total extended height plus five feet (5'). If the small wind energy system is on a roof, the total extended height is equal to the roof height and tower height. A tower may be allowed closer to a property line than its total extended height if the abutting property owner(s) grants written permission and the installation poses no interference with public utility lines or public road and rail rights of way. Guywires and other support devices shall be set back at least five feet (5') from all property lines.
2. Tower Height: Where the total extended height meets the sound and setback requirements of this section (see subsection A1 of this section), there shall be no specific height limitation, except as imposed by federal aviation administration (FAA) regulations per subsection A10 of this section.
3. Sound: Sound produced by the turbine under normal operating conditions, as measured at the property line of any adjacent property improved with a dwelling unit at the time of the issuance of the zoning certificate, shall not exceed fifty five (55) dBA for any period of time. The fifty five (55) dBA sound level may be exceeded during short term events out of the owner's control such as utility outages and/or severe windstorms.
4. Appearance, Color, And Finish: Colors permitted include grays, browns, greens, tans and other earth tones. Bright, luminescent, or neon colors are prohibited.
5. Clearance: The blade tip or vane of any small wind energy system shall have a minimum ground clearance of fifteen feet (15') as measured at the lowest point of the arc of the blades. Blades on small wind energy systems in residential districts shall not exceed twenty percent (20%) of tower height. All portions of the system shall maintain a clearance from power utility lines as required by the Utah high voltage line safety act.
6. Signage Prohibited: All signs on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification, shall be prohibited.
7. Lighting: No illumination of the turbine or tower shall be allowed unless required by the federal aviation administration (FAA).
8. Access: No foot pegs, rungs, or other climbing aids shall be allowed below twelve feet (12') on a freestanding tower. For lattice or guyed towers, sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed.
9. Requirement For Engineered Drawings: Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings (by an engineer licensed by the state of Utah) of the tower, base, footings, and/or foundation as provided by the manufacturer.
10. Compliance With FAA Regulations: No small wind energy system shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR part 77 of the FAA guidance on airspace protection or other current FAA regulations governing airspace protection.
11. Compliance With Building And Electrical Codes: Small wind energy systems and all associated components shall comply with all applicable building and electrical codes adopted by Salt Lake City and the state of Utah.
12. Utility Notification: No small wind energy system shall be installed until evidence has been submitted to the city that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.
13. Abandonment: If a wind turbine is inoperable for six (6) consecutive months the owner shall be notified by Salt Lake City that they must, within six (6) months of receiving the notice, restore their system to operating condition or remove the wind turbine from the tower. If the owner(s) fails to restore their system to operating condition within the six (6) month time frame, then the owner shall be required, at his expense, to remove the wind turbine from the tower for safety reasons.
14. Off Street Parking Or Loading Requirements: A small wind energy system shall not remove or encroach upon required parking or loading areas for other uses on the site or access to such parking or loading areas.
15. Exceptions: Small wind energy systems are prohibited in the open space OS and natural open space NOS zoning districts. (Ord. 20-11, 2011)
A. Standards: All small solar energy collection systems shall comply with the following requirements except as provided in subsection B of this section relating to small solar energy collection systems in the historic preservation overlay districts. Per section 21A.34.020 of this title the historic landmark commission or staff have authority to modify the setbacks, location and height to ensure compliance with the overlay district regulations. Excluding subsection B of this section, if there is any conflict between the provisions of this subsection and any other requirements of the zoning, site development, and subdivision ordinances, the zoning administrator shall determine which requirements apply to the project in order to achieve the highest level of neighborhood compatibility.
1. Setbacks, Location, And Height:
a. A freestanding small solar energy collection system shall be located a minimum of six feet (6') from all property lines and other structures, except the structure on which it is mounted.
b. A small solar energy collection system may be located on a principal or accessory structure, including legal principal or accessory structures located less than the required minimum yard setback for the zoning districts.
c. A small solar energy collection system shall not exceed by more than three feet (3') the maximum building height (based on the type of building - principal or accessory - the system is located on) permitted in the zoning district in which it is located or shall not extend more than twelve feet (12') above the roofline of the structure upon which it is mounted, whichever is less.
d. A development proposed to have a small solar energy collection system located on the roof or attached to a structure, or an application to establish a system on an existing structure, shall provide a structural certification as part of the building permit application.
2. Coverage: A small solar energy collection system mounted to the roof of a building shall not exceed ninety percent (90%) of the total roof area of the building upon which it is installed. A system constructed as a separate accessory structure on the ground shall count toward the total building and yard coverage limits for the lot on which it is located.
3. Code Compliance: Small solar energy collection systems shall comply with all applicable building and electrical codes contained in the international building code adopted by Salt Lake City.
4. Solar Easements: A property owner who has installed or intends to install a small solar energy collection system shall be responsible for negotiating with other property owners in the vicinity for any desired solar easement to protect solar access for the system and shall record the easement with the Salt Lake County recorder.
5. Off Street Parking And Loading Requirements: Small solar energy collection systems shall not remove or encroach upon required parking or loading areas for other uses on the site or access to such parking or loading areas.
B. Small Solar Energy Collection Systems and Historic Preservation Overlay Districts:
1. General: In addition to meeting the standards set forth in this section, all applications to install a small solar energy collection system within the Historic Preservation Overlay District shall obtain a certificate of appropriateness in accordance with Section 21A.34.020 prior to installation. Small solar energy collection systems shall be allowed in accordance with the location priorities detailed in Subsection B.3 of this section. If there is any conflict between the provisions of this Subsection B, and any other requirements of this section, the provisions of this Subsection B shall take precedence.
2. Installation Standards: The small solar energy collection system shall be installed in a location and manner on the building or lot that is least visible and obtrusive and in such a way that causes the least impact to the historic integrity and character of the historic building, structure, site or district while maintaining efficient operation of the solar device. The system must be installed in such a manner that it can be removed and not damage the historic building, structure, or site it is associated with.
3. Small Solar Energy Collection System Location Priorities: In approving appropriate locations and manner of installation, consideration shall include the following locations in the priority order they are set forth below. The method of installation shall be the least visible from a public right-of-way, not including alleys, and most compatible with the character defining features of the historic building, structure, or site.
a. Rear yard in a location not readily visible from a public right-of-way.
b. On accessory buildings or structures in a location not readily visible from a public right-of-way.
c. In a side yard in a location not readily visible from a public right-of-way.
d. On the principal building in a location not readily visible from a public right-of-way.
e. On the principal building in a location that may be visible from a public right-of-way, but not on the structure's front facade.
f. On the front facade of the principal building in a location most compatible with the character defining features of the structure. (Ord. 10-24, 2024: Ord. 67-23, 2023: Ord. 60-15, 2015)
A. Purpose: The regulatory purpose of this section is to promote an increase in the housing stock within the city and promote housing choices by allowing and regulating accessory dwelling units (ADUs).
B. Conflicting Regulations: If a regulation found in this section is in conflict with an applicable regulation in the base zoning district, overlay district, or provision of general applicability, the regulation in this chapter shall take precedence, with the following exceptions:
1. The regulations set forth in the H Historic Preservation Overlay District; and
2. The Special Foothills Regulations set forth in Subsection 21A.24.010.P of this title.
C. Owner Occupancy Required: The owner of the property, as defined in this section, shall reside on the property. For the purposes of this title, "owner occupant" shall mean the following:
1. An individual who is listed on a recorded deed as an owner of the property;
2. Any person who is related by blood, marriage, adoption to an individual who is listed on recorded deed as an owner of the property; or
3. An individual who is a trustor of a family trust who possesses legal ownership of the property.
4. Exceptions:
a. Owner occupancy is not required for an ADU located on a property with a principal use as a duplex, multi-family dwelling, or non-residential land use. A single-family dwelling with an attached ADU does not constitute a duplex;
b. The owner has a bona fide, temporary absence of 3 years or less for activities such as military service, temporary job assignments, sabbaticals, or voluntary service (indefinite periods of absence from the dwelling shall not qualify for this exception); or
c. The owner is placed in a hospital, nursing home, assisted living facility or other similar facility that provides regular medical care, excluding retirement living facilities or communities.
D. Number of Allowed ADUs: A single ADU is allowed on a property where permitted in Chapter 21A.33 of this title.
E. Location on Property: An ADU is allowed in the following locations on a property as indicated below:
1. Internal ADUs shall be located within the buildable area of the property.
2. A detached ADU shall be allowed as indicated in the table below:
Front yard | Not permitted |
Corner side yard | Permitted if the ADU complies with the required setbacks in the table below and is no closer to the corner side property line than the principal structure. If the property is less than 50' in width, the ADU may be closer to the corner side property line than the principal structure. |
Interior side yard | Permitted if the ADU complies with the required setbacks in the table below and is located behind the rear façade of the principal building. |
Rear yard | Permitted if the ADU complies with the required setbacks in the table below. |
Buildable area | Permitted |
Notes 1. The use of the term yard in this section shall be interpreted to mean a required yard as indicated in the underlying zoning district. | |
3. A detached ADU shall be placed at a minimum distance from property lines as indicated below:
Rear property line | 3' |
Side property line | 3' |
Corner side property line | 20% of the lot width or 10', whichever is less |
Notes: 1. Additions to an existing accessory building shall comply with the setbacks in this table. This includes additions that add a second story. 2. An existing accessory building that is being converted to an ADU may maintain the existing setbacks of the accessory building. If a conversion includes an expansion (including adding a second story) the expansion shall comply with all applicable setback requirements in this table and in Subsection 21A.40.200.F. | |
F. ADU Building Height:
1. The maximum building height for a detached ADU is 17 feet, subject to the following exceptions:
a. Height may be increased up to 24 feet for a pitched roof or 20 feet for a flat roof provided the side and rear yard setbacks are increased one foot for each additional foot in building height above 17 feet. The setback does not need to be increased above the minimum indicated in Section E on the side of an ADU that abuts an alley or on the side of an ADU that abuts a property that is in a zoning district other than those listed in Chapter 21A.24 of this title.
b. Converting a legally existing accessory building is permitted when the existing accessory building exceeds the permitted height of this section.
c. When an ADU is located fully within the buildable area of the property, the height of the ADU is allowed up to the permitted height of the principal building in the underlying zoning district.
d. Solar panels attached to the roof of an ADU are permitted to exceed the maximum height of the structure up to four feet.
2. Building height for a detached ADU shall be measured in the same manner as the height for the principal building.
3. An internal ADU is subject to the same height requirements as the principal building.
G. ADU Parking:
1. The number of parking stalls provided for the principal use shall not be reduced below the minimum identified in Chapter 21A.44 of this title in order to accommodate an ADU. One parking stall is required for the ADU, except as indicated below:
a. The property is in a zoning district with no minimum off street parking requirement;
b. The property already contains at least one accessible stall above the minimum parking requirement for the principal use;
c. The property is within a ¼ mile radius of a public transit stop; or
d. The property is within ½ mile of a city-designated bicycle lane or path.
H. Regulation of Decks, Patios, and Outdoor Space for Detached ADUs:
1. Decks more than 2 feet above the existing grade are prohibited unless the ADU is located within the buildable area of the lot in which case the deck shall be subject to the same regulations for decks that apply to the principal building.
2. Rooftop patios on a detached ADU are prohibited.
3. Patios are permitted. A patio may be covered with a roof provided the square footage of the roof is no larger than 120 square feet and the covered patio complies with the setbacks required of the ADU. A covered patio shall not count towards the maximum square footage requirement of the ADU, but does count towards the total building coverage of the lot.
4. Balconies on ADUs. A balcony is permitted on a building containing an ADU provided the balcony does not extend into a required ADU setback and extends no further than 5 feet from an exterior wall of the ADU. Balconies shall not contain HVAC equipment nor be used as storage areas.
5. Internal ADUs shall be subject to the same standards for decks, patios, and other encroachments that apply to the principal building and use.
I. ADUs Located Along a Public Alley: A detached ADU that is located within 15 feet of a public alley shall include the following:
1. An exterior light shall be located on the exterior wall of the ADU to illuminate portions of the alley adjacent to the ADU. The lighting fixture shall be shielded, oriented and designed to direct light down and avoid light pollution onto adjacent properties. All uplighting is prohibited.
2. A 4 foot wide path from the alley to the entrance of the ADU shall be provided. If there is a fence between the ADU and the alley, a gate shall be provided, and the path shall lead to the gate. If the ADU is located within 15 feet of two or more public alleys, this requirement shall only apply to one of the alleys.
3. An ADU located on an alley that exists on the recorded plat maps or Atlas Plats of the city but has not been used for vehicular access or is otherwise blocked by encroachments such as fences or vegetation are exempt from this requirement.
J. ADU Gross Floor Area:
1. Detached ADU. None may exceed 1,000 square feet in gross floor area.
2. Internal ADU. There is no maximum gross floor area provided the building complies with all applicable standards in the underlying zoning district.
3. Gross floor area for a detached ADU shall be calculated as follows:
a. When the building includes other allowed accessory uses, only the square footage dedicated to the ADU shall be counted.
b. When the ADU is on a second level, stairs and required landings providing access to the ADU shall not be counted.
c. Loft space with a ceiling height lower than 7 feet within an ADU shall not be counted towards the total square footage of the ADU.
d. Basements shall not count towards the maximum gross floor area of the ADU, so long as:
(1) The basement is only used for storage or a use permitted by Section 21A.40.040.E of this chapter; and
(2) There is no internal circulation between the ADU and the basement.
K. Second Story Windows: Windows on the second story of a detached ADU are prohibited on an exterior wall that is adjacent to a side or rear property line unless:
1. The window is a clerestory window where the bottom of the window is at least 6 feet above the finished floor of the second story;
2. The window is on a wall that faces an elevation of the principal building;
3. The window faces and is at least 10 feet from a side or rear property line;
4. The exterior wall is adjacent to an alley; or
5. The window faces a side or rear property line that is adjacent to a property in a zoning district that permits commercial uses or a property that contains a nonresidential use.
L. Maximum Building Coverage: Accessory dwelling units are subject to the maximum building and yard coverage requirements of the applicable zoning and overlay districts.
M. Building Permit Required: A building permit is required to establish any ADU in the city. All ADUs are required to comply with all adopted applicable codes including but not limited to building, fire, and public utilities.
N. Administrative Regulations: The following administrative regulations are intended to provide direction on applying and interpreting the regulations of this chapter.
1. There is no minimum lot size required for an ADU.
2. An ADU does not count towards the density allowed in the underlying zoning district.
3. ADUs that have been approved prior to April 4, 2023, as part of a conditional use are considered legal conforming uses and may be modified if the modification complies with the requirements of this section and any other applicable standard of this title.
O. Zoning Certificate and Good Landlord Program:
1. A certificate of occupancy for the ADU shall not be issued until a zoning certificate is issued. A zoning certificate may be issued at the same time as the certificate of occupancy. If a certificate of occupancy is not required, the zoning certificate shall be issued prior to the ADU being occupied.
2. If a business license is required for the rental of the ADU, the owner shall be enrolled in the landlord/tenant initiative program as defined in Title 5, "Business Taxes, Licenses And Regulations", of this code prior to issuing a zoning certificate.
P. Restrictive Covenant: An ADU shall have a restrictive covenant filed against the property on which the ADU is located, on a form approved by the city attorney, which restrictive covenant shall include the following provisions:
1. A description of the principal structure and the ADU, including whether the ADU is within the principal structure or a detached structure, the square footage of both the principal structure and the ADU, and how off-street parking is allocated between the principal structure and the ADU.
2. A statement that the ADU may only be used and occupied in accordance with the applicable regulations adopted in the Salt Lake City Code and that the property owner will permit access necessary to confirm such use and occupancy.
3. A statement that the ADU and principal structure cannot be used for short term rental.
4. A statement that the terms of the restrictive covenant are enforceable by the city or, pursuant to Utah Code Section 10-9a-802, any adversely affected party, and that in any such enforcement action the court shall award the prevailing party its attorneys fees.
5. An ADU that is required to be owner occupied shall also include a statement reflective of this requirement. If such requirement set forth in Subsection 21A.40.200.C is eliminated in the future, then such restriction set forth in the restrictive covenant shall likewise become unenforceable.
6. The restrictive covenant shall be recorded with the Salt Lake County Recorder's Office against the subject property. A copy of the recorded covenant shall be provided to the planning division and attached to the building permit record prior to final inspection of the ADU. If no final inspection is required, the copy of the recorded covenant shall be provided prior to occupying the ADU.
Q. Use Regulations:
1. An ADU shall not be rented as a short term rental as defined in Section 21.A.62.040.
2. An ADU may include any home occupation authorized by this title.
3. An ADU may be converted to any other accessory use that is allowed in the zoning district.
4. An ADU cannot be converted to another principal use. (Ord. 17-23, 2023: Ord. 53-18, 2018)