019 of 2016 - An ordinance amending section 21A.52.030 of the Salt Lake City Code pertaining to residential dwelli P 16-8
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SALT LAKE CITY ORDINANCE
No. 19 of 2016
(An ordinance amending Section 21A.52.030 of the Salt Lake City Code
pertaining to residential dwelling unit legalization)
An ordinance amending Section 21 A.52.030 of the Salt Lake City Code pursuant to Petition
No.PLNPCM2015-00142 to reintroduce regulations pertaining to residential dwelling unit
legalization.
WHEREAS,the Salt Lake City Planning Commission held a public hearing on August
12,2015 to consider a petition initiated by the Salt Lake City Council("Applicant")(Petition
No.PLNPCM2015-00142)to amend Section 21A.52.030(Zoning:Special Exceptions:Special
Exceptions Authorized)of the Salt Lake City Code to reintroduce regulations pertaining to
residential dwelling unit legalization;and
WHEREAS,the city council's petition seeks to reintroduce unit legalizations as
authorized special exceptions,which had previously been allowed until 2013;and
WHEREAS,at its August 12,2015 hearing,the planning commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council on said petition;and
WHEREAS,after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city's best interests,
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Amending the text of Salt Lake City Code Section 21A.52.030. That
Section 21A.52.030 of the Salt Lake City Code(Zoning:Special Exceptions:Special Exceptions
Authorized),shall be,and hereby is,amended to add subsection 21A.52.030.A.24,which shall
read as follows:
24.Legalization of excess dwelling units may be granted subject to the following
requirements and standards:
a. Purpose:The purpose of this subsection is to implement the existing Salt Lake
City Community Housing Plan.This plan emphasizes maintaining existing
housing stock in a safe manner that contributes to the vitality and sustainability of
neighborhoods within the city.This subsection provides a process that gives
owners of property with one(1)or more excess dwelling units not recognized by
the city an opportunity to legalize such units based on the standards set forth in
this subsection.
b. Review Standards:A dwelling unit that is proposed to be legalized pursuant to
this subsection shall comply with the following standards.
(1)The dwelling unit existed prior to April 12,1995.In order to determine
whether a dwelling unit was in existence prior to April 12,1995,the unit
owner shall provide documentation thereof which may include any of the
following:
(A)Copies of lease or rental agreements,lease or rent payments,or other
similar documentation showing a transaction between the unit owner and
tenants;
(B)Evidence indicating that prior to April 12, 1995,the city issued a building
permit,business license,zoning certificate,or other permit relating to the
dwelling unit in question;
(C)Utility records indicating existence of a dwelling unit;
(D)Historic surveys recognized by the planning director as being performed
by a trained professional in historic preservation;
(E)Notarized affidavits from a previous owner,tenant,or neighbor;
(F)Polk,Cole,or phone directories that indicate existence of the dwelling unit
(but not necessarily that the unit was occupied);and
(G)Any other documentation that the owner is willing to place into a public
record which indicates the existence of the excess unit prior to April 12,
1995.
(2)The excess unit has been maintained as a separate dwelling unit since April
12,1995.In order to determine if a unit has been maintained as a separate
dwelling unit,the following may be considered:
(A)Evidence listed in standard b(1) indicates that the unit has been occupied
at least once every five (5) calendar years;
(B)Evidence that the unit was marketed for occupancy if the unit was
unoccupied for more than five (5) consecutive years;
(C)If evidence of maintaining a separate dwelling unit as required by
subsections (A) and (B) cannot be established, documentation of
construction upgrades may be provided in lieu thereof.
(D)Any documentation that the owner is willing to place into a public record
which provides evidence that the unit was referenced as a separate
dwelling unit at least once every five (5) years.
(3) The property where the dwelling unit is located:
(A)Can accommodate on-site parking as required by this title, or
(B)Is located within a one-quarter ('/4) mile radius of a fixed rail transit stop
or bus stop in service at the time of legalization.
(4) Any active zoning violations occurring on the property must be resolved
except for those related to excess units.
c. Conditions of Approval: Any approved unit legalization shall be subject to the
following conditions:
(1) The unit owner shall apply for a business license, when required, within
fourteen (14) days of special exception approval.
(2) The unit owner shall allow the city's building official or designee to inspect
the dwelling unit to determine whether the unit substantially complies with
basic life safety requirements as provided in Section 18.50 (Existing
Residential Housing) of this code. Such inspection shall occur within ninety
(90) days of special exception approval or as mutually agreed by the unit
owner and the city.
(3) All required corrections indicated during the inspection process must be
completed within one (1) year unless granted an extension by the zoning
administrator.
d. Application: In addition to the application requirements in Chapter 21 A.52 of this
title, an applicant shall submit documentation showing compliance with the
standards set forth in subsection 24.b of this section.
SECTION 2. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this 10th day of May
2016.
CHAIRPERSON
EST TERSI /
LC-FT- RECORDER
Transmitted to Mayor on May 11, 2016
Mayor's Action: Approved. Vetoed.
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Bill No. 19 of 2016. �' �'°op5ti APPROVED AS TO FORM��� Salt Lake City Attorney's Office
Date:
Published: May 15, 2016 .
By: —�
aul C.Niels , enior City Attorney
HB_ATTY-#48076-v2-Ordinance_unit legalization_reuriroduction DOCX