013 of 1982 - Text Amendment Residential Dwelling Units � �g�:e'�
V��s"E'. ;.; �� P 82-11
ESALT LAKE CITY ORDINANCE
No. 13 of 1982
(Special Exception for Existing
Residential Structures)
AN ORDINANCE AMENDING CHAPTER 6 OF TITLE 51 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, 1965, RELATING TO TRANSI-
TIONAL ZONING BY ADDING A NEW SECTION 51-6-15 CREATING A SPECIAL
EXCEPTION IN AN EXISTING RESIDENTIAL STRUCTURE TO LEGALIZE A
NUMBER OF DWELLING UNITS EXCEEDING THE MAXIMUM ALLOWED UNDER
ORDINANCE.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 6 of Title 51 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to transi-
tional zoning be, and the same hereby is amended by ADDING a new
Section 51-6-15 creating a special exception to allow, under
restrictive guidelines, an existing residential structure to be
legalized for use with a number of dwelling units exceeding the
maximum allowed by ordinance, which shall read as follows:
Sec. 51-6-15. Special Exception. Legalization of excess
multi-family dwelling units in existing residential structures.
(1) Exception created to legalize excess dwelling units
in existing residential structures. Hearing. Where not
otherwise authorized by this title, as a special exception
hereto, the Board of Adjustment is hereby authorized that it
may legalize in an existing residential structure, a number
of dwelling units in excess of the maximum otherwise lawful
in the district or under applicable ordinances. Approval of
such a special exception may be granted only on a very
restricted basis, after a public hearing before said Board,
a favorable recommendation from the Planning Commission, and
findings by the Board that said exception complies with the
requirements and standards set forth below. Notice of the
time and place of such hearing shall be published and a
courtesy letter sent to surrounding property owners identi-
fied under (2) below, at least five (5) days prior to hear-
ing before the Board as provided for in Section 51-4-6.
(2) Requirements for application. No application for
such special exception shall be accepted unless it bears as
part thereof, satisfactory proof to demonstrate it satisfies
the following objective requirements:
(a) The proposed number of units have existed and
been used continuously as separate dwellings from and
after September 22, 1950 (when parking spaces became
mandatory).
(b) That the applicant or other party related to
the applicant by blood or marriage (including parties
controlling business or corporate entities) was not
responsible for the creation of the excess units.
(c) That existing or proposed hardsurfaced parking
is or can be provided onsite to provide adequate off-
street parking for tenants.
(d) That the existing units or interior building
plans for proposed units within the structure comply
with building and health codes as verified by said
departments. All deviations from code must be identi-
fied and improvements or repairs proposed or required
for compliance shall be bonded to guarantee performance.
(e) Identification of the names and addresses of
property owners of record within an 85-foot radius
surrounding the perimeter of the applicant's property
and the number of dwelling units in each structure
within said perimeter.
(f) A declaration of the reasons justifying the
proposed legalization of such units and the steps taken
to eliminate adverse impacts upon the neighborhood.
(g) Disclosure of actions taken to explore
feasibility of conversion to legal uses or uses more
nearly conforming to authorized uses, and alleged
hardships which inhibit conversion to a legal use.
-2-
(h) Identification of detailed aspects, if any, in
which proposed number of units deviate from existing
zoning ordinances, and for which a variance would also
be deemed to be requested. (Such aspects shall be
advertised as requests for variances and considered by
the Board).
(3) Subjective decision and findings after hearing. No
special exception shall be approved by said Board unless it
finds the requirements of (2) above have been satisfied
together with the following subjective standards:
(a) The existing residential structure is not
conducive to modification by return to the number of
units authorized by ordinance or a number less than
proposed more nearly confirming to ordinance. The
number of units approved by the exception must be fixed
by the Board at a number it finds compatible with the
character of the neighborhood.
(b) That the continued use does not and will not
adversely impact the desireability, stability and
character of the area in which it is located; rather it
will promote the desireability and character by
rehabilitative improvements upgrading the structure and
neighborhood.
(c) That necessary provisions have been taken to
provide adequate hardsurfaced off-street parking,
landscaping, screening and lighting; preservation of
open space, street scapes; and to ensure units meet all
codes for habitability.
(4) Conditions. To ensure that the purposes of the
comprehensive plan are promoted, while encouraging where
appropriate, the preservation and upgrading of existing
housing stock to enhance rather than adversely impact on the
character and social fabric of neighborhoods, in considering
applications for special exceptions the Board may impose
-3-
such conditions as it deems appropriate to achieve the
delicate balance of underlying purposes. This may include,
but not be limited to: requiring bonding of proposed
improvements, approving a lesser but more compatible number
of units, and/or deferring action for up to one year to
allow the applicant to explore alternatives of legal use or
to offer it for sale for a legal use before further
consideration by the Board.
SECTION 2. This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah,
this 9th day of February 1982.
C A RMAN
ATTEST:
ITY RECORDER
Transmitted to Mayor on February 9,
Mayor's Action: /
MAYOR
ATTEST:
C op
TY REC-ORDER
cm38
(SEAL)
BILL 13 of 1982
Published: February 19, 1982
-4-
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
Lp--
alNdtkas J ley!IMotkes Shona D. Conaty
SALT LAKE CITYORDINANCE,
Ns.18Of 1fs2 '
(asayl e�1q� ihr EM1
I eNldMllils"hKCHA Being first duly sworn,deposes and says that he is legal
OF THE RDEVISNEEDEO DINANCES OF 8ART FAKE CITY
UTAH;1965.REL'AtING TO TRANSITIONAL ZONING By advertisingclerk of the DESERET NEWS, a daily
ADDING A�/ENW SECC'101 51l-15 CpREATING A SPECIAL
..CEP
a(LEGP.LIZIE A NUMBERGOFSDMELLINGSUNITSUEx except Sunday) newspaper printed In the English
112AWG TNE'MAXIMUM ALLOWEq UNDER ORDI- language with general circulation in Utah, and
NICt sEcror�li$hhaat,C-"'tar`a`TI'uas°"�fM'�'ell a'obl- published in Salt Lake City, Salt Lake County, in the
rKes of Self Lake CIN,Utah,1965,rela 1.to MarKlrbnel
nggebbep naantsdlb,s creab.1WW is learten�e�de Dbftj�ADppDit nw State of Utah.
t(per restYicfive puidell",an exiU. resldenrlal srrlltwre
o- aealized wr u50 wIM a numb«Of dwelllrq wits ex0aed-
b� maximum abowed by«dlna.Whkh shell read es That the legal notice of which a copy is attached hereto
rollowsl Exce IOn eaclIr141
1 E iron.1'Leael+zaNm of excess
wrseaui9 nr In Ax1s111q 1'MldenHel structures.
Board At146 S r k Iree to lean lzaexcess awe lrq un+h Pub notice of Ordinance #13 of 1982 (special
In w�"q� s el Ile Ma'Ci't'tuclures. Ina.Where rqt om«-
multi-familydwelll uPlt H1faeabr�
spat no.. y,as a epeClAl exceWioryfigrero,the
�pff rMr�rWten, 'hereby autrorlzed that It =111xe
in'aRezistirq realtleMlal sIrWu..a number of.dw re units
�q momerw6ee iawrglmga°Idrorrkr ar exception for existing residential structures)
u pbYXa opn Ortllnances.AWrovel.ro/wch a special ex-
r�Dt�On may ba"granted wly an a very esfrIct6#basis,after a
PDWid heerim bet«e said Board.a favorable,IBf�Ir1!nenda-
flon(r -Ma Planning CO M[wStlpbanaflndlnalN'..niBBOard
that gala BxceDlion Wcpryry9p1.wIM bed raaulremame ofW hrary ...............................................................................................................
darts set forts belaM.'Notice of the time and Hera of'sIM+
hearing sheik be DUDllshed end a raurreaYtettar'tlwlt ro wr-
round ng araperh owtara de rlf7ed arias (2 below,at least
flue()daYB pA«.ro Mer�re be}«e naN'Provlded f«
Sac( mgn�y f« ....... ............ .......... ..... ... .. ..
Issnppee,(21 ex=ase.rf.lonM1a11 bap kcOB1t6BAn0 u o ill"batsslaon for .. ....•.....•.
lowirlp ablaxilve,reallr UerltQnBf bro I[sstlBFlee.tla fd-
ITtTNe Of uINS have b 440 era seen ....... ..... .. ...... .. ...... ..... ... ..... .. .... .. .......
used mrdl Iy,MspDe�ate lings froth after SM
tembe22,w Iwrptpahl 'Da�ebecartN .rorY' Feb. 19 1982
yyll�an;b�y" 'Od raa�a"�agpoer,c' "Zrt'�d ro'n�e> was published in said newspaper on.....................:...................
busJess,or corxDcpersasre erttltlacI,well ae. w§trod the P
creatlm o177ryryMNaeyyff exlMirle 0��D0�a� rf mrkIrq Is«
can be orovlde6xl�yMeislte to«oVPde adaouete offstreef DerMm .. ..... j_ ... ..
for
Idl-
IdI
aProaosed«Ie9ulrea�feebdd by said neP�a nlrmMn7811 be borWedero 9real
-I / r
from(mde"muslhe exlldeM the tans partm tints.All
«eviatl r`• t I l 1
Re toaesSaa bng � .__. _ �. .......: ....:. ..... .... ....... .. ...
anree Derrmmanoe Legal Advertising CI rk__��
(e)IOentlflwtim of the tames and addresses of woper-
tv owners of recore yy�IIlltln an fl rt-radius s«roundup its
perimeter«the appll. «oDerty and the number of Owen-
ing units In each srrvthae within said aerlmeter.
(f)A derleraHan of tits reaaona IustiWlltp Me proposed '
µyallzerim dr=snits a tlx:steps taken to 91r. a fore me this..........................24th...............................................day of
adverse Impacts-W hie net taken
I'VersM b IegalaUeesa ornro'-�e haaarrly r fformllle W
authorized r,and ala ad hardships whloh InMblr cower-.........A.D. 19...8.2..
lion ro a I I use.
(h)laerlrlfkaVan of detailed eaDBtla N arW,In Which
«oposed number of units daYlate from exlating mnlrq«dl-
narxas,and m "a varence woyld also be deemed ro
requested.(Such aspacl5 91ta11 be allvertleatl as requests «
variaances and tambeled by tees Boars)). /
l7)Sublective decision art fltpinBS aH«hearing.No
special ekoeptlm shell be apDIOVBd DY saki BoeM unless It �(
fires the r�eeqquyiremenh of(2)above have seen sarlslled fogeM- ............. ......... � �...... '----
«wlM Meldlowl gslbrocrlve standards:
(a)tt a exist ne reaidmua.structure is n«c«pucwe ro Notary Public
rr tlElnelMca�ane«eruetmb«nBr%ssemana«or'0 dnrrgrea nN I�vecon�-
rrdnp rom«ydsIlna Tiw ngmb«of is approved by the
e patiWa'Wlltt nnaie crN drag of tM rdlgrKatiprfpad.b«nnrgs
cam (b'That the caninued}yuse doestynot end will rwt the
Mln In�q+lnmise bdascaitad retheY wllll apYndMlMcnaeriha�e 0asfir
blllIY art character by rehablllfatI.ImProverYlBrlts uPBrad-
Irre rta strucwreand negnborhooq
'(cl That raceseary wOVIea hs have been taken ro p6
vide adegpete hardaltriaced afforw Hoc,IbndscaD ne.
screeMrq a"lighting;Dreservallm of�dee-apace,street 1I
stapes;and to ensure colts meet al l codes for habltabll lly.
(O COndnIT TO Brlsllre ftlai ll'le purpoBes of the comple-
hettsive DIM are Dromofed,while ntcwra91r1p wh%a—
pHate,the praservatkM art upgrading at exlstlne iwusirlg"""""""'
tfork ro gtll0nee rafter Man aMerselY Irtpacf on Me charac-
er Md Wial fabrk of nBi hie«hoods,In cgmklerlrq appllw-
rims for sFeclal exceptions the Board—Impose such coedl-
' floor as n
):req�ulnrnd aeebfmeasapproprlareroachierve the dellare�leqe
underivinsi I p h �ua med
Ineotl �il Ia omeWMn/oQer
'
ir
perlrpwr�itv�e«s.MMerl�eopnayal useeaor to allow
IlOfierttif rfo 19 lenffarr a Ix 9ai 11
5EGi1DY:a tldlBarad�ahos shaall tr kmeffecr upon Its first
twW�slserantlbr the CIW Council of Salt Lake City,Utah,MIS
Wh day of February,1902. S.FONNESBECK
CHAIRMAN
ATTESTryn MMaa
CITY RECMON II
Transmitted to Mav«an February 11,1902
Mayor's Action: TED W ILSON
MAY o
ATTEST:
KaMrC Marakall
CITY hRE
ad Z.E
Published:Peb oarY 19.1982
B-T1 __