Salt Lake City Code § 21A.52.010 PURPOSE
21A.52.010: PURPOSE:
The purpose of this chapter is to establish zoning incentives to support achieving adopted goals within the city's adopted plans and policy documents. (Ord. 74-23, 2023)
ZONING INCENTIVES
Salt Lake City Code tit. 21A, pt. V, ch. 21A.52
in effectSalt Lake City Code § 21A.52.020 APPLICABILITY
21A.52.020: APPLICABILITY:
A. This chapter applies as indicated within each subsection.
B. The planned development process in Chapter 21A.55 is not required as indicated within this chapter.
C. The administrative planned development process in Chapter 21A.55, and the administrative design review process in Chapter 21A.59 may be applicable as indicated within this chapter. (Ord. 56-24, 2024: Ord. 74-23, 2023)
Salt Lake City Code § 21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY ZONING DISTRICTS
21A.52.030: RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY ZONING DISTRICTS:
Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district standards and requirements take precedence. (Ord. 56-24, 2024: Ord. 74-23, 2023)
Salt Lake City Code § 21A.52.040 APPROVAL PROCESS
21A.52.040: APPROVAL PROCESS:
Unless specifically exempted or modified by this chapter, all requirements of this title shall apply.
A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a zoning incentives application and provide the following information:
1. The applicant's name, address, telephone number and interest in the property to which the incentives shall apply;
2. The owner's name, address and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application;
3. The street address, tax parcel number and legal description of the subject property;
4. The zoning classification, zoning district boundaries and present use of the subject property;
5. The location of all existing and proposed buildings and structures, accessory and principal, showing the number of stories and height, dwelling type, if applicable, major elevations and the total square footage of the floor area by proposed use and any additional information required for review set forth in Chapter 21A.58;
6. The total number of dwelling units in the project, the number of affordable units, the number of bedrooms in the affordable units, the location of the affordable units, and level of affordability;
7. Any additional information required by Chapter 21A.59 design review or Chapter 21A.55 planned development, as applicable; and
8. Any additional information the zoning administrator deems necessary to demonstrate compliance with this chapter.
B. Preliminary approval shall authorize the preparation, filing and processing of applications for any permits or approval that may be required by the city, including, but not limited to, a building permit. Notwithstanding the foregoing, no permits shall be issued until final approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a period of one year unless complete building plans have been submitted to the Division of Building Services. The planning director may grant a one-year extension of the preliminary approval when the applicant is able to demonstrate no change in circumstance. Extension requests must be submitted prior to the expiration of the preliminary approval.
C. Administrative design review and administrative planned development, where applicable, shall be exempt from the application fees and noticing fees otherwise required pursuant to Chapters 21A.59 and 21A.55.
D. Following the approval of any administrative design review or planned development application, any future alteration to the property, building or site shall comply with the approved application unless a modification is approved subject to the process outlined in Chapters 21A.59 and 21A.55, as applicable.
E. Final approval shall occur following the recording of the restrictive covenant.
F. Preliminary and final approvals shall be administrative approvals by the planning director or the planning director's designee. (Ord. 3-26, 2026: Ord. 58- 25, 2025: Ord. 56-24, 2024: Ord. 74-23, 2023)
Salt Lake City Code § 21A.52.050 AFFORDABLE HOUSING INCENTIVES
21A.52.050: AFFORDABLE HOUSING INCENTIVES:
A. Purpose: The incentives set forth in this section are intended to encourage the development of affordable housing. The provisions within this section are intended to facilitate the construction of affordable housing by allowing more inclusive development than would otherwise be permitted in the base zoning districts. Housing constructed using the incentives is intended to be compatible in form with the neighborhood and provide for safe and comfortable places to live and play.
B. Applicability: The provisions in this section provide optional incentives to development projects that include affordable housing units. Unless specifically stated below, all other applicable provisions in the base zoning district or overlay districts shall apply.
C. Uses: Additional housing types are allowed in zones subject to compliance with this section.
D. Reporting and Auditing: Property owners who use the incentives of this chapter are required to provide a report that demonstrates compliance with this section and any additional approvals associated with the use of incentives. The report shall be submitted annually by April 30th and shall be reflective of the financial status at the end of the previous calendar year. The report shall be submitted to the Director of Community and Neighborhoods or successor.
1. Annual Report and Auditing: Each property owner shall submit a report that demonstrates compliance with this chapter.
a. If applicable, the property owner shall submit a copy of the annual report(s) provided to Utah Housing Corporation, Olene Walker Housing Loan Fund, Housing Authority of Salt Lake City, Housing Connect, or similar funding source as determined by the Department of Community and Neighborhoods, or its successor, confirming compliance with affordable housing conditions, including tenant income and rental rates.
b. If an annual report is not submitted as required in Section 21A.52.050.D.1.a above, the property owner shall provide a report that includes, but is not limited to the following:
(1) The property location, tax ID number, and legal description.
(2) Property owner name, mailing address, and email address.
(3) Information on the dwelling units and tenants of the property receiving the incentives that includes:
(A) The total number of dwelling units.
(B) The number of bedrooms of each dwelling unit.
(C) The rental rate of each dwelling unit.
(D) Identify the dwelling units that comply with the level of affordability identified in the approval to use the incentives and a statement that the dwelling units are in compliance with the approval requirements.
(E) Identify any change in occupancy to the units that are required to be affordable under this section, including a change in the number of people residing in each unit and any change in tenant. Personal data is not required to be submitted.
(F) Confirm that income verification for all tenants was performed on an annual basis.
(G) Identify any differences in rent between the agreed upon rental rate in the approval to use the incentives and the actual rent received for the identified affordable dwelling units.
(H) Identify any instance where an affordable dwelling unit was no longer rented at the agreed upon level of affordability, the length of time the dwelling unit was not in compliance with the agreed upon level of affordability, and any remedy that was taken to address the noncompliance.
2. Review of Annual Report: The Director of Community and Neighborhoods shall review the report to determine if the report is complete.
3. Within 30 days of receipt of a complete report, the Director of Community and Neighborhoods shall provide the property owner with written notice that:
a. Identifies whether the property is in compliance.
b. Identify any deficiency in the information provided by the owner.
c. Assesses any penalty that is due as a result of an identified noncompliance.
4. After receipt of the notice from the Director of Community and Neighborhoods that indicates noncompliance, the property owner shall:
a. Cure the identified noncompliance within 30 days of such notice and concurrently submit an updated report of then-current operations of the property that demonstrates compliance; or
(1) Property owners can request an extension in writing prior to the expiration of the 30-day cure period identified above. The request shall include an explanation of the efforts to correct the non-compliance and the reason the extension is needed. The Director of Community and Neighborhoods will review and determine if the timeframe and extension are appropriate and whether or not fines shall be stayed during any approved extension. Upon expiration of the extension granted by the Director the property owner shall submit an updated report of then-current operations of the property that demonstrates compliance.
b. Pay any fine or fee that is assessed pursuant to Section 21A.20.040 due to any noncompliance within 14 days of achieving compliance. Any fine or fee shall be assessed from the first identified date that the property is not in compliance.
5. The city may contract with another entity for review of the requirements in this section.
6. Violations of this Chapter shall be investigated and prosecuted pursuant to Chapter 21A.20, except as set forth below in Section 21A.52.050.E.
E. Enforcement: Violations of this Chapter, or the restrictive covenant on the property as set forth in Section 21A.52.050.F.1, shall be investigated and prosecuted pursuant to Chapter 21A.20. The city shall have the additional remedies for violations as set forth below.
1. Lien on Property. If the property owner fails to make payment of the outstanding fines, then after 90 days or when fines reach $5,000, the division will issue a statement of outstanding fines. If the property owner fails to make payment within 14 days, then the division may certify the fines set forth in the statement to the Salt Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount entered shall have the force and effect of a valid judgment of the district court, is a lien on the property, and shall be collected by the treasurer of the county in which the property is located at the time of the payment of general taxes. Upon payment of the amount set forth in the statement, the judgment is satisfied, the lien is released from the property, and receipt shall be acknowledged upon the general tax receipt issued by the treasurer.
2. Revocation of Business License. Upon a determination of the division that the property is in violation of this Chapter the city may suspend or revoke the business license associated with the property. Any suspension or revocation of a license shall not be imposed until a hearing is first held before the Director of Community and Neighborhoods or his/her successor. The licensee shall be given at least 14 days' notice of the time and place of the hearing, together with the nature of the charges against the licensee. The licensee may appear in person or through an officer, agent or attorney, to introduce evidence on the licensee's behalf, and to confront and cross-examine witnesses. The Director of Community and Neighborhoods shall make a decision based upon the evidence introduced at the hearing and issue a written decision. The licensee may appeal to an appeals hearing officer and thereafter to district court pursuant to Chapter 21A.16. If the license is revoked or suspended it shall thereafter be unlawful for any person to engage in or use, or permit to be used any property for any business with respect to which the license has been suspended or revoked until a license shall be granted upon appeal or due to the property's compliance with this Chapter. No person whose license has been revoked, and no person associated or connected with such person in the conduct of such business, shall be granted a license for the same purpose for a period of six months after the revocation has occurred. The Director may, for good cause, waive the prohibition against persons formerly associated or connected with an individual who has had a license revoked.
3. Any other remedies or financial penalties identified in the terms of the restrictive covenant required by Section 21A.52.050.F.1, which shall be reasonably related to enforcement of the terms of this Chapter, achieving the goals of this Chapter, obtaining the number of units and level of affordability agreed to by the property owner, or if such units and level of affordability cannot be obtained then to eliminate the incentive(s) obtained or recoup the value thereof.
F. Eligibility Standards: Developments shall meet the criteria below to be eligible for the authorized incentives:
1. Restrictive Covenant Required:
a. Any owner who uses the incentives of this chapter shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. Prior to the issuance of a building permit for construction of a building using the incentives, the restrictive covenant shall be recorded with the Salt Lake County Recorder. The agreement shall provide for the following, without limitation: acknowledge the use of the incentives, the nature of the approval and any conditions thereof, the affordability requirements, the terms of compliance with all applicable regulations, shall guarantee compliance for a term of 30 years, and the potential enforcement actions for any violation of the agreement. The agreement shall be recorded on the property with the Salt Lake County Recorder, guarantee that the affordability criteria will be met for at least 30 years, and future owners shall be subject thereto.
b. For an affordable homeownership unit, the restrictive covenant shall also require a notice of sale be provided to the city and the city shall have a right of first refusal to purchase any designated affordable unit in accordance with a future sales price that is capped to comply with Section 21A.52.050.F.2.b.2 below.
2. The affordable units shall be both income and rent/housing payment restricted.
a. Income Restriction - The affordable units shall be made available only to Eligible Households that are qualifying occupants with an annual income at or below the SLC Area Median Income ("AMI") as applicable for the given affordable unit for Salt Lake City Utah, U.S. Department of Housing and Urban Development ("HUD") Metro FMR Area (as periodically determined by the HUD and adjusted for household size).
b. Rent/Housing Payment Restriction.
(1) For an affordable rental unit, the monthly rent, including all required housing costs per unit, such as utilities and other charges uniformly assessed to all apartment units other than charges for optional services, shall be set forth in a written lease and shall not exceed, for the term of the lease, the maximum monthly gross rental rate published annually by the Utah Housing Corporation for affordable units located in Salt Lake City for the percentage AMI as applicable for the given affordable unit type.
(2) For an affordable homeownership unit, the annualized housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for the AMI as applicable for the given affordable unit, assuming a household size equal to the number of bedrooms in the unit plus one person.
3. Comparable units: Affordable units shall be comparable to market rate units, if any, in the development including with respect to entrance location, dispersion throughout the building or site, number of bedrooms, and access to amenities, except as otherwise approved in the terms of the restrictive covenant. This subpart does not apply to units in single- and two-family zoning districts.
4. The property owner shall be ineligible for affordable housing incentives pursuant to this Chapter if the property owner or its principals, partners, or agents are under enforcement for any violation of Title 11, 18, 20, or 21.
G. Incentives: Developments are eligible for the incentives identified in this section. Table 21A.52.050.G establishes the affordability requirements based on the zoning district of the property. Sections 1 through 4 establish the modifications allowed within each zoning district in order to be eligible for the affordability incentives. To use the incentives, developments shall comply with the criteria applicable to the base zoning districts. Any fractional number of units required shall be rounded up to the nearest whole number.
Table 21A.52.050.G
Incentive Types
Types | Incentive
Type A. Applicable to the single- and two-family zoning districts: FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3. | Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 50% of the units shall be affordable to those with incomes at or below 100% AMI. 2. If an existing building is maintained as required in Section 21A.52.050 .H.1.c, 25% of the units shall be affordable to those with incomes at or below 100% AMI. Affordable rental developments shall meet at least one of the following affordability criteria: 1. 50% of the units shall be affordable to those with incomes at or below 80% AMI. 2. If an existing building is maintained as required in Section 21A.52.050 .H.1.c, a minimum of one of the units shall be affordable to those with incomes at or below 80% AMI.
Type B. Applicable to residential multifamily zoning districts: RMF-30, RMF-35, RMF-45, and RMF-75 | Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 10% of the units shall be affordable to those with incomes at or below 80% AMI. 2. 5% of the units shall be affordable to those with incomes at or below 60% AMI.Affordable rental developments shall meet at least one of the following affordability criteria: 1. 40% of the units shall be affordable to those with incomes at or below 60% AMI. 2. 20% of the units shall be affordable to those with incomes at or below 50% AMI. 3. 40% of units shall be affordable to those with incomes averaging no more than 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI.
Type C. Applicable to zoning districts not otherwise specified. | Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 10% of the units shall be affordable to those with incomes at or below 80% AMI. 2. 5% of the units shall be affordable to those with incomes at or below 60% AMI.Affordable rental developments shall meet at least one of the following affordability criteria: 1. 20% of the units shall be affordable to those with incomes at or below 80% AMI. 2. 10% of the units shall be affordable to those with incomes at or below 60% AMI. 3. 10% of the units shall be affordable to those with incomes averaging at or below 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. 4. 5% of the units shall be affordable to those with incomes at or below 30% AMI. 5. 10% of the units shall be affordable to those with incomes at or below 80% AMI and these units must have two or more bedrooms. 6. 5% of the units shall be affordable to those with incomes at or below 60% AMI and these units must have two or more bedrooms. 7. 5% of the units shall be affordable to those with incomes at or below 80% AMI and these units must have three or more bedrooms.
1. Single- and Two-Family Zoning Districts: The following housing types: twin home and two-family, three-family dwellings, four-family dwellings, row houses, sideways row houses, and cottage developments are authorized in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning districts provided the affordability requirements for Type A in Table 21A.52.050.G are met.
2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: In the RMF-30, RMF-35, and RMF-45 zoning districts, the minimum lot size per dwelling unit does not apply, and in the RMF-75 zoning district, the qualifying provisions for density found in the minimum lot area and lot width table do not apply, provided the affordability requirements for Type B in Table 21A.52.050.G are met.
3. Incentives in the I Institutional Zoning Districts:
a. The following housing types: row houses, sideways row houses, and cottage developments are authorized.
b. The minimum open space requirements in the I Institutional zoning district do not apply.
c. To be eligible for the incentives listed in this subsection 3, a development shall meet the affordability requirements for Type C in Table 21A.52.050.G.
4. The following incentives are authorized in zoning districts provided the affordability requirements for Type C in Table 21A.52.050.G are complied with:
a. Administrative design review is authorized when a design review process is required by this chapter or other sections of this title. Administrative design review shall be reviewed pursuant to the procedures and standards in Chapter 21A.59.
b. Height: Additional building stories are authorized as indicated in the following sections and in addition to the maximum building height allowed in the zoning district. The maximum height per story of additional building height shall not exceed twelve feet (12'). Design review is only required when noted.
(1) Residential districts:
Zoning District | Permitted Maximum Height with Incentive
FB-UN1 | Three stories, but not to exceed 30' in overall building height
(2) Mixed Use Districts:
Zoning District | Permitted Maximum Height with Incentive
MU-2 | One additional story
MU-3 | One additional story
MU-5 | One additional story
MU-6 | One additional story
MU-8 | Two additional stories with administrative Design Review
MU-11 | Three additional stories with administrative Design Review
(3) Downtown and Gateway districts:
Zoning District | Permitted Maximum Height with Incentive
D-1 | Administrative design review is permitted when a design review process is required.
D-2 | Two additional stories with administrative design review.
D-3 | Three additional stories with administrative design review.
GMU | Two additional stories with administrative design review.
5. Planned Developments: A planned development is not required when the purpose of the planned development is due to the following reasons cited below, subject to approval by other city departments. If a development proposes any modification that is not listed below, planned development approval is required. To be eligible for the incentives in this section, a development shall meet the affordability requirements for the applicable zoning district in Table 21A.52.040.
a. Multiple Buildings on a Single Parcel: More than one principal building may be located on a single parcel and are allowed without having public street frontage. This allowance supersedes the restrictions of Section 21A.36.010.B;
b. Principal buildings with frontage on a paved public alley;
c. Principal buildings with frontage on a private street;
H. Development Regulations: The following development regulations are intended to provide supplemental regulations and modify standards of the base zoning district for the purpose of making the affordable housing incentives more feasible and compatible with existing development. Base zoning standards apply unless specifically modified by this section and are in addition to modifications authorized in Section 21A.52.050.G. If there are conflicts with design standards, the more restrictive regulation shall apply and take precedence. These standards are not allowed to be modified through the planned development process.
1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning districts:
a. Parking: Unless there is a lesser parking requirement in Chapter 21A.44, only one off-street parking space per unit is required. One detached garage or covered parking space, no greater than 250 sq. ft. per unit, may be provided for each unit and these structure(s) may exceed the yard and building coverage requirements for accessory structures. When covered parking is provided, the 250 sq. ft. per unit of covered parking may be combined into a single structure for each required parking stall provided.
b. Yards: Minimum required yards shall apply to the perimeter of the development and not to the individual principal buildings within the development.
c. Density:
(1) Lots approved through a planned development prior to the effective date of this Chapter are required to go through a major modification of the planned development to use the incentives.
(2) Lots may contain up to four units. Existing lots may be divided such that each unit, not including accessory dwelling units (ADUs), is on its own lot. The new lots are exempt from minimum lot area, lot width, and lot frontage requirements. This paragraph shall not apply to vertical developments.
(3) An ADU is considered one unit and counts toward the number of units permitted.
(4) Arrangement of dwellings:
(A) New dwelling units may be arranged in any manner within a building, as a second detached dwelling, as attached units, or a cottage development with three or more detached dwellings.
(B) When an existing building is maintained, new units may be added internal to the existing structure, as an addition, or as a second detached dwelling. Any addition must comply with the standards of the base zoning district; however, the addition may contain additional units. Fifty percent (50%) of the exterior walls of the existing dwelling, including the front elevation, shall remain as exterior walls.
(C) The units shall comply with this section, applicable requirements of the base zoning district, and any applicable overlay district.
2. Within the RMF-30, RMF-35, RMF-45, and RMF-75 zoning districts the following provisions shall apply:
a. Unit Mix: No more than 25% of the units in the development shall be less than 500 square feet to promote a mix of unit sizes.
b. Parking: Unless there is a lesser parking requirement in Chapter 21A.44, only one half (0.5) of an off-street parking space per unit is required.
c. Yards: The minimum required yards shall apply to the perimeter of the development and not to the individual principal buildings within the development.
d. Lot width: Minimum lot width requirements do not apply.
3. In addition to applicable requirements in subsections 1 and 2 above, the following provisions apply to the specific building types listed:
a. Row house and Sideways row house.
(1) Perimeter yard requirements: The yard requirements of the base zoning district apply.
(2) Number of Units: To qualify for incentives in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-1A zoning districts there is a minimum of three and a maximum of four residential dwelling units per building.
(3) Building length facing street:
(A) The building length shall not exceed 60 feet or the average of the block face, whichever is less, in FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-1A districts;
(B) The building length shall not exceed 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts; and
(C) The building length shall not exceed 175 feet in other zoning districts.
(4) Building entry facing street: At least one operable building entrance on the ground floor is required for each unit facing the primary street facing façade. All units adjacent to a public street shall have the primary entrance on the street facing façade of the building with an unenclosed entry porch, canopy, or awning feature. The entry feature may encroach in the front yard setback, but the encroachment shall not be closer than 5 feet from the front property line.
(5) Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the structure.
(6) Parking requirement and location: Unless there is a lesser parking requirement in Chapter 21A.44, only one off-street parking space per unit is required. All provided parking shall be located to the side of the street facing building façade, behind a principal structure that has frontage on a street, or within the principal structure subject to any other applicable provision.
(7) Garage doors facing street: Garage doors are prohibited on the façade of the building that is parallel to, or located along, a public street.
(8) Personal outdoor space: Each unit shall have a minimum outdoor space of 60 square feet where the minimum measurement of any side cannot be less than 6 feet.
(9) Glass: The surface area of the façade of each floor facing a street must contain a minimum of 15% glass.
(10) Blank wall: The maximum length of any blank wall uninterrupted by windows, doors, or architectural detailing at the ground floor level along any street facing façade is 15'.
(11) Screening of mechanical equipment: All mechanical equipment shall be screened from public view and sited to minimize their visibility and impact. Examples of siting include on the roof, enclosed or otherwise integrated into the architectural design of the building, or in a rear or side yard area subject to yard location restrictions found in Section 21A.36.020, Table 21A.36.020B, "Obstructions In Required Yards" of this title.
Illustration for Section 21A.52.050.H.3.a.1 Required Setbacks for Public Street Facing Row House
[image omitted; see the official code]
Illustration for Section 21A.52.050.H.3.a.1 Required Setbacks for Sideways Row House
[image omitted; see the official code]
b. Cottage Development.
(1) Perimeter yard requirements: The yard requirements of the base zoning district apply.
(2) Setbacks Between Individual Cottages: All cottages shall have a minimum setback of eight feet from another cottage.
(3) Area: No cottage shall have more than 850 square feet of gross floor area, excluding basement area. There is no minimum square foot requirement.
(4) Building Entrance: All building entrances shall face a public street or a common open space.
(5) Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the structure.
(6) Open Space: A minimum of 250 square feet of common, open space is required per cottage. At least 50% of the open space shall be in a courtyard or other common, usable open space. The development shall include landscaping, walkways or other amenities intended to serve the residents of the development.
(7) Personal Outdoor Space: In addition to the open space requirement in this section, a minimum of 120 square feet of private open space is required per cottage. The open space shall provide a private yard area for each cottage and will be separated with a fence, hedge, or other visual separation to distinguish the private space.
(8) Parking: Unless there is a lesser parking requirement in Chapter 21A.44, one off-street parking space per unit is required. All provided parking shall be located to the side of a street facing building façade, behind a principal structure that has frontage on a street, or within the principal structure subject to any other applicable provision.
c. In addition to applicable requirements in Section 21A.52.050.H above, the following provisions apply to all other buildings containing more than two residential units. If the base zone has a greater design standard requirement, that standard applies.
(1) Perimeter yard requirements: The yard requirements of the base zoning district apply.
(2) Building entrances: The ground floor shall have a primary entrance on the street facing façade of the building with an unenclosed entry porch, canopy, or awning feature. Stairs to second floor units are not permitted on street facing elevations.
(3) Glass: The surface area of the façade of each floor facing a street must contain a minimum of 15% glass.
(4) Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the structure.
(5) Open space: Open space area may include landscaped yards, patios, dining areas, and other similar outdoor living spaces. All required open space areas shall be accessible to all residents or users of the building.
(A) Single- and two-family zoning districts: 120 sq. ft. of open space with a minimum width of 6 ft. shall be provided for each building with a dwelling.
(B) All other zoning districts: A minimum of 10% of the land area within the development shall be open space, up to 5,000 square feet. Open space may include courtyards, rooftop and terrace gardens and other similar types of open space amenities. All required open space areas shall be accessible to all residents or users of the building.
d. Single- and Two-family Dwellings: No additional design standards except as identified in Chapter 21A.24.
e. Lots without public street frontage may be created to accommodate developments without planned development approval subject to the following standards:
(1) Required yards shall be applied to the overall development site not individual lots within the development. The front and corner yards of the perimeter shall be maintained as landscaped yards;
(2) Lot coverage shall be calculated for the overall development not individual lots within the development; and
(3) Required off street parking stalls for a unit within the development are permitted on any lot within the development.
(4) The subdivision shall be finalized with a final plat and the final plat shall document that the new lot(s) has adequate access to a public street by way of easements or a shared driveway or private street; and
(5) An entity, such as a homeowner association, must be established for the operation and maintenance of any common infrastructure. Documentation establishing that entity must be recorded with the final plat.
4. For properties subject to the H Historic Preservation Overlay District, vinyl windows may be installed on new construction so long as the vinyl windows are not readily visible from a public or private street. (Ord. 74C-25, 2025: Ord. 47A-25, 2025: Ord. 56-24, 2024: Ord. 37-24, 2024: Ord. 34-24, 2024: Ord. 74-23, 2023)
Salt Lake City Code § 21A.52.060 BUILDING PRESERVATION INCENTIVES
21A.52.060: BUILDING PRESERVATION INCENTIVES:
The provisions in this section provide optional incentives to development projects that include the preservation of an existing building. The incentives located in Subsection 21A.52.060.A may be combined with the incentives outlined in Subsection 21A.52.060.B.
A. Adaptive Reuse for Additional Uses in Eligible Buildings:
1. Purpose: To allow additional land uses in buildings that generally contribute to the character of the city so they can be redeveloped for economically viable uses. These buildings may be underutilized or have outlived their original use due to economic conditions, size of the building, a substantial degree of deterioration of the property, or other factors. Eligible buildings may hold historical or cultural significance or contribute to the existing neighborhood fabric through their architectural features, size, or previous use.
2. Applicability: The incentives in this subsection apply to adaptive reuse of a building that meets the eligibility standards in Subsection 21A.52.060.A.3.
3. Eligibility Standards:
a. The following buildings are eligible for the incentives in this subsection:
(1) Landmark Sites;
(2) Buildings individually listed on the National Register of Historic Places;
(3) Buildings designed and formerly used for schools, hospitals, places of worship, or other similar institutional uses; and
(4) Buildings that the planning director has deemed significant based on the structure's association with events that have contributed to broad patterns of history, association with lives of persons important in the city's past, or displays distinctive characteristics of a type, period, or method of construction.
b. Exterior features that are important in defining the overall character of the building shall be retained.
c. Exterior alterations to the eligible building shall meet the standards in Subsection 21A.34.020.G.
d. The proposed use is conducive to the preservation of the building.
e. A change of use to a residential use is not permitted in the OS (Open Space) zoning district.
f. If the eligible building is located in a residential zoning district, and the existing use is residential, a change of use to nonresidential is not permitted.
g. Properties subject to the H Historic Preservation Overlay must obtain a Certificate of Appropriateness in accordance with Section 21A.34.020.
4. Incentives:
a. Additional Uses: Unless prohibited by Subsection 21A.52.060.A.4.a(1), any use may be allowed as a permitted or conditional use in zoning districts where Adaptive Reuse for Additional Uses in Eligible Buildings is listed in the land use tables in Chapter 21A.33, subject to the provisions in this subsection and any specific provisions applicable to the use in this title. Any conditional use shall be reviewed pursuant to the procedures and standards outlined in Chapter 21A.54.
(1) Prohibited Uses: A change of use to one of the following uses is prohibited: Ambulance services (indoor and outdoor), amusement park, auditorium, bio-medical facility, bus line station/terminal, bus line yard and repair facility, car wash, check cashing/payday loan business, community correctional facility (large and small), contractor's yard/office, drive-through facility associated with any use, equipment rental (indoor and outdoor), gas station, heliport, hotel/motel, impound lot, intermodal transit passenger hub, jail, large wind energy system, laundry and dry cleaning establishments, limousine service (large and small), heavy manufacturing, pet cemetery, recycling collection station, sexually oriented business, sign painting/fabrication, storage (outdoor), public storage (outdoor), wireless telecommunications facility, homeless resource centers, and any other uses that are only allowed in the manufacturing districts.
b. Parking and Loading: The following are the minimum off-street parking and loading requirements for the eligible building. These minimums may be further reduced with the alternatives to minimum parking calculations in Section 21A.44.050.
(1) Multi-Family: 0.5 off-street parking space per dwelling unit is required;
(2) Nonresidential: The minimum number of required off-street parking spaces for the proposed use listed in the general context of the required off-street parking table in Chapter 21A.44 may be reduced by forty percent (40%);
(3) Existing Parking Below the Minimum: If the existing parking for the eligible building does not meet the minimum off-street parking requirements above, no additional parking shall be required;
(4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
c. Minimum Lot Area and Lot Width: Minimum lot area and lot width requirements of the zoning district do not apply for the adaptive reuse in all zoning districts. In the RMF-30, RMF-35, and RMF-45 zoning districts, the minimum lot size per dwelling unit does not apply.
5. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 21A.52.060.A shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. The restrictive covenant shall be recorded on the property with the Salt Lake County Recorder prior to issuance of a building permit for a building using the incentives. The restrictive covenant shall run with the land for the duration of the adaptive reuse and shall provide for the following, without limitation:
a. Acknowledge the use of the incentives, the nature of the approval, and any conditions thereof;
b. Shall guarantee that the physical elements of the eligible building used to qualify for the incentives shall remain in substantially the same form and exterior features important to the character of the building shall be preserved for the duration of the adaptive reuse or if subject to Section 21A.34.020, indefinitely unless otherwise permitted by the terms of a certificate of appropriateness;
c. The terms of compliance with all applicable regulations and the potential enforcement actions for any violation of the restrictive covenant.
6. Modifications to Approved Adaptive Reuse: Any modification to the use approved under these incentives requires a new zoning incentives application. Any new adaptive reuse shall also require a new zoning incentives application unless the new use is permitted in the table of permitted and conditional uses for the zoning district.
7. Enforcement: Violations of this Subsection A, or the restrictive covenant on the property as set forth in Subsection 21A.52.060.A.5, shall be investigated and prosecuted pursuant to Chapter 21A.20. The city shall have additional remedies or financial penalties for violations as identified in the terms of the restrictive covenant required by Subsection 21A.52.060.A.5, which shall be reasonably related to enforcement of the requirements and purpose of Subsection 21A.52.060.A.
B. Preservation of a Principal Building:
1. Purpose: The incentives set forth in this section are intended to encourage the preservation of buildings, supporting city goals related to sustainability, neighborhoods, economy, and housing. The provisions are designed to support developments that include preserving an eligible building by allowing flexibility with certain zoning regulations while still maintaining the unique urban fabric and character of neighborhoods.
2. Applicability: The incentives in this subsection apply to projects in all zoning districts that preserve an existing principal building that meets the eligibility standards in Subsection 21A.52.060.B.3. These incentives may be applied to existing principal buildings and new construction within the same development area. For the purposes of this subsection, the development area may include multiple abutting lots or parcels.
3. Eligibility Standards:
a. Building Age: The existing building to be preserved shall be a minimum of fifty (50) years old.
b. Minimum Footprint of Eligible Building: The footprint of the eligible building to be preserved covers a minimum of twenty five percent (25%) of the development area. A lower percentage may be considered by the planning director if the building has frontage on a public street, contains a publicly accessible use such as retail, restaurant, or entertainment, or would be highly visible from public spaces within the interior of the site.
c. Retention of All Existing Principal Structures: In the FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000, R-2, SR-1, SR-1A, SR-3, and all RMF zoning districts, all existing principal structures included in the overall development area shall be retained.
d. Modifications to Existing Building: A maximum of twenty five percent (25%) of each street facing building wall may be removed to accommodate modifications or additions. No more than fifty percent (50%) of the building's exterior walls may be removed. Portions of a building wall with character defining architectural features shall not be removed.
e. Retention of Existing Active Commercial Uses: Eligible buildings with existing active commercial uses with ground level street frontage are subject to the following requirements. For the purpose of this subsection, active commercial uses are those that support the vibrancy and usability of the public realm adjacent to a building and encourage pedestrian activity and walk-in traffic. Active uses may include retail goods/service establishments, restaurants, bars, art and craft studios, or other uses determined to be substantially similar in terms of activation by the planning director.
(1) A minimum of fifty percent (50%) of the length shall be retained along the street frontage in the existing building or be included as part of the new development. If included in the new development, the active commercial use shall have the primary entrance on the street frontage with direct public access from the street frontage.
(2) The existing depth of the active commercial use shall be maintained or a minimum depth of twenty five (25) feet, whichever is less.
(3) These requirements do not apply to nonconforming active commercial uses with ground level street frontage.
4. Incentives:
a. Planned Development Waived: A planned development is not required for the following:
(1) More Than One Principal Building Per Lot: More than one principal building per lot is allowed without having frontage along a public street.
(2) Lots without Frontage on a Public Street: Lots do not require frontage on a public street if necessary cross access easements are provided.
b. Administrative Planned Development: The following are authorized through an administrative planned development pursuant to the procedures and standards in Chapter 21A.55. The minimum planned development size required by Section 21A.55.060 does not apply:
(1) Modification to the minimum and maximum yard requirements.
(2) Modification to the open space and landscaping requirements when the modification specifically relates to preserving the existing building(s).
(3) Modifications to the provisions for awnings and canopies, balconies, patios, and porches in Table 21A.36.020.B, Obstructions in Required Yards.
(4) Modifications to the parking location and setback requirements in Table 21A.44.060.
(5) Parking within the boundary of a planned development area but located on a different parcel or lot than the use(s) it is intended to serve, is allowed and is not considered off-site parking. The parking must only serve the uses within the planned development area unless otherwise authorized by other provisions of this title.
c. Minimum Lot Area, Width and Coverage:
(1) The minimum lot width for the land use found in the minimum lot area and lot width tables of the zoning district does not apply.
(2) The minimum lot area for the land use found in the minimum lot area and lot width tables of the zoning district only applies for the following zoning districts: FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000 and R-1/5,000.
(3) RMF-30, RMF-35, and RMF-45 zoning districts: The minimum lot size per dwelling unit does not apply.
(4) Lot coverage may be calculated for the overall development area not the individual lot or parcel within the development area.
d. Height: Additional building height is authorized in zoning districts as indicated in the following sections through administrative design review. The maximum height per story of the additional building height incentive shall not exceed 12 feet. In addition, administrative design review is permitted when a design review process is required for building height by other sections of this title. Where additional stories but no height measurements are listed, the stories are allowed in addition to the maximum building height of the zoning district. Administrative design review shall be reviewed pursuant to the procedures and standards in Chapter 21A.59. The additional height authorized by this subsection shall not be combined with the additional height authorized by Section 21A.52.050, Affordable Housing Incentives.
(1) Residential districts:
Zoning District | Permitted Maximum Height with Incentive
FB-UN1 | 3 stores, but not to exceed 30' in height.
(2) Mixed Use Districts:
Zoning District | Permitted Maximum Height with Incentive
MU-2 | 1 additional story.
MU-3 | 1 additional story.
MU-5 | 1 additional story.
MU-6 | 1 additional story.
MU-8 | 2 additional stories.
MU-11 | 3 additional stories.
(3) Downtown and Gateway districts:
Zoning District | Permitted Maximum Height with Incentive
D-2 | 120' and 2 additional stories equal to or less than the average height of the other stories in the building.
D-3 | 180' and 3 additional stories equal to or less than the average height of the other stories in the building.
G-MU | 180' and 2 additional stories equal to or less than the average height of the other stories in the building.
(4) Other districts:
Zoning District | Permitted Maximum Height with Incentive
I | Building heights in excess of 35' but not more than 75' provided, that for each foot of height over 35', each required yard shall be increased 1'.
UI | Building heights in excess of 75' but not more 120' provided that the additional height is supported by the master plan and compatible with the adjacent neighborhood.
OS - Lots greater than 4 acres | Building heights in excess of 45' up to 60' provided that for each foot of height over 45', each required yard and landscaped yard shall be increased by 1'.
e. Administrative design review is permitted for any request that requires design review approval.
f. Parking: The following are the minimum off-street parking requirements unless a lesser requirement is listed in the required off-street parking table in Chapter 21A.44. These minimums may be further reduced with the alternatives to minimum parking calculations in Section 21A.44.050.
(1) Residential: 0.5 space per dwelling unit for multi-family; 1 space per dwelling unit for all other residential uses.
(2) Nonresidential: The minimum number of required off-street parking spaces for the proposed use listed in the required off-street parking table in Chapter 21A.44 may be reduced by forty percent (40%).
(3) Existing Parking Below the Minimum: If the existing parking for the eligible building does not meet the minimum off-street parking requirements above, no additional parking shall be required.
(4) Loading areas as indicated in Table 21A.44.070-A shall not be required.
g. Minimum Required Yards: The minimum required yards may apply to the perimeter of the development area and not to the individual lot or parcel within the development area.
5. Design Standards for New Construction: Unless a stricter design standard related to each of the following is included in the base zone or Chapter 21A.37, the following design standards are required for all zones except single and two-family zoning districts:
a. Building Materials: Other than windows and doors, fifty percent (50%) of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, fiber cement board or other material that includes a minimum manufacturer warranty of twenty (20) years from color fading, weather, and local climate induced degradation of the material. Other materials may be used for the remainder of the facade facing the street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the proposed location on the building.
b. Ground Floor Glass: The surface area of the ground floor of a street facing façade shall contain a minimum percentage of glass as indicated below, calculated between three (3) feet and eight (8) feet above grade. All ground floor glass shall allow unhampered and unobstructed visibility into the building for a depth of at least 5 feet, excluding any glass etching and window signs when installed and permitted in accordance with Chapter 21A.46, "Signs", of this title.
(1) Nonresidential Uses: fifty percent (50%) ground floor glass.
(2) Residential Uses: If the ground level of the building is occupied by residential uses that face the street, the minimum glass requirement is twenty percent (20%).
c. Upper Floor Glass: The surface area of the façade of each street facing floor above the ground floor must contain a minimum of twenty percent (20%) glass.
d. Maximum Length of a Blank Wall: The maximum length of any blank wall uninterrupted by windows or doors at the ground floor level along any street facing façade is fifteen (15) feet. Emergency exit doors and doors to access structured parking or utility equipment shall not count as an interruption.
e. Maximum Length of Street Facing Facades:
(1) The maximum length of each street facing building facade shall not exceed one hundred (100) feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts.
(2) The maximum length of each street facing building façade shall not exceed one hundred seventy five (175) feet in all other zoning districts.
f. Building Entrances: Building entrances are required in accordance with Subsection 21A.37.050.D. Operable building entrances shall be required, at a minimum, at each specified length of the ground floor street facing façade as follows:
(1) Multi-family: Every seventy five feet (75').
(2) Nonresidential Uses: Every forty feet (40').
g. Garage Doors Facing Street: For attached single family dwellings, garage doors are prohibited on the façade of the building that is parallel to, or located along, a public street.
h. Screening of Mechanical Equipment: All mechanical equipment shall be screened from public view and sited to minimize their visibility and impact. Examples of siting include on the roof, enclosed or otherwise integrated into the architectural design of the building, or in a rear or side yard area subject to yard location restrictions found in Section 21A.36.020, Table 21A.36.020B, "Obstructions In Required Yards".
6. Restrictive Covenant Required: Any owner who uses the incentives in Subsection 21A.52.060.B shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. The restrictive covenant shall be recorded on the property with the Salt Lake County Recorder prior to issuance of a building permit for a building using the incentives. The restrictive covenant shall run with the land and shall provide for the following, without limitation:
a. Acknowledge the use of the incentives, the nature of the approval, and any conditions thereof;
b. Shall guarantee that the physical elements of the eligible building used to qualify for the incentives shall remain in substantially the same form and exterior features important to the character of the building shall be preserved during the term;
c. Projects that apply the incentives to new development on the development site shall guarantee retention of the eligible building used to qualify for the incentives for a minimum term of thirty (30) years or, if the eligible building is subject to Section 21A.34.020, indefinitely unless otherwise permitted by the terms of a certificate of appropriateness after such thirty (30) year period;d;
d. The terms of compliance with all applicable regulations and the city's potential remedies for any violation of the restrictive covenant.
7. Enforcement: Violations of this Subsection B, or the restrictive covenant on the property as set forth in Subsection 21A.52.060.B.6, shall be investigated and prosecuted pursuant to Chapter 21A.20. The city shall have additional remedies or financial penalties for violations as identified in the terms of the restrictive covenant required by Subsection 21A.52.060.B.6, which shall be reasonably related to enforcement of the requirements and purpose of Subsection 21A.52.060.B. Financial remedies for a violation of the covenant may include liquidated damages representing a reasonable estimate of the value of the incentives, plus other associated damages valued up to twenty percent (20%) of the tax assessed value of the preserved building over the three preceding years. (Ord. 74C-25, 2025: Ord. 58-25, 2025: Ord. 47A-25, 2025: Ord. 56-24, 2024)
Source: Salt Lake City, Utah, City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_ut/0-0-0-70622Fetched: 11/1/2026