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024 of 1992 - AN ORDINANCE REPEALING AND REENACTING SECTION 21.78.120 AND FURTHER ENACTING SECTIONS 21.78.121-126,0 92-1 ot" SALT LAKE CITY ORDINANCE No. 24 of 1992 (Providing a process for legalization of excess dwelling units) AN ORDINANCE REPEALING AND REENACTING SECTION 21.78.120 AND FURTHER ENACTING SECTIONS 21.78.121-126, SALT LAKE CITY CODE, AS AMENDED, RELATING TO LEGALIZATION OF EXCESS DWELLING UNITS. WHEREAS, throughout the city buildings have been built, converted and used, either with or without proper building permits, for a number of residential units in a structure in excess of that which should have been allowed; and WHEREAS, zoning requirements throughout the city, including regulation of the number of dwelling units in a structure, lot area, parking, setback and side yard requirements have frequently changed; and WHEREAS, due to a confluence of the various changes of requirements, ownership, age of the structure and other factors, the City's enforcement of the literal requirements of zoning ordinances is difficult in either civil or criminal proceedings; and WHEREAS, some of the excessive units help provide the City with necessary low income housing; and WHEREAS, the City desires to protect the life, safety and health and quality of neighborhoods; and WHEREAS, the City Council has held public hearings on this matter before the Planning Commission and before its own body and has taken into account citizen testimony and filings; and WHEREAS, the City Council believes the following ordinance to be in the best interest of the City; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That existing Section 21.78.120 (a copy of which is attached as Exhibit "A" hereto) be, and the same hereby is, REPEALED. SECTION 2. That Sections 21-78.120 through 126 be enacted to read as follows: 21.78.120 Legalization of excess dwelling units --Definitions. A. "Excess units" means a number of residential dwelling units in a structure more than allowed to have been constructed either under applicable zoning codes or issued building permits. S. "Permit" means a permit issued for construction by Salt Lake City. C. "Implied permit" means a permit for construction which either specifically is for the construction of a particular number of units in excess of what should have been allowed or which references that the structure has a number of units in excess of what should have been allowed or the City's continuous issuance of an apartment business revenue license for a number of units in excess of what should have been allowed. -2- D. "Dimensional zoning violations" means violations of the City's zoning code related to side yards, rear yards, front yard setbacks, lot area and width, usable open space building height and other violations. E. "Non -dimensional zoning violations" means violations not related to dimensional zoning violations, including the existence of illegal signs, front and side yard parking, hard surface driveways, fences, accessory buildings and similar such violations. F. "Substantial compliance with life and safety codes" means that all units, and the building in which they are located, are constructed and maintained in such a manner that they are not an imminent threat to the life, safety or health of the occupants or the public. 21.78.121 Legalization required. It shall be unlawful to own or operate a building containing an excess number of dwelling units unless such excess units have been legalized pursuant to the special exception procedure below. 21.78.122 Legalization of excess dwelling units --Constructed before 1970/no permit. A. The owner of a building containing excess residential dwelling units constructed before 1970 without a permit specifically or impliedly allowing such construction may seek a special exception legalizing the units, as a non -conforming use or structure if applicable, by filing an application, on a form -3- to be provided by the Zoning Administrator. The application shall: 1. State the name and address of the owner; 2. State the date of construction of the excess dwelling units and shall further provide evidence of the construction at that date. 3. Provide evidence of consent from the owners of all properties lying within 85 feet of the boundaries of the applicant's property, from those properties directly across the street and from any affected neighborhood organization recognized pursuant to Chapter 2.62. B. The zoning administrator shall certify the special exception and approve legalization if the zoning administrator finds: 1. The excess dwelling units were constructed before 1970 and have been continuously used as dwelling units; and 2. Building and Licensing Services has certified: (a) That the building and units substantially comply with life and safety codes or will be brought into substantial compliance pursuant to building permits which have been applied and paid for; (b) That all non -dimensional zoning violations have been corrected; (c) That off street parking has been hard surfaced and, further, to the extent space is available -4- on the property, the 1970 parking standards have been complied with; and 3. That the owner has applied for an apartment license if the building contains five or more dwelling units. C. If the consent required pursuant to Section 21.78.122.A(3) above has not been satisfied the application shall be considered by the Board of Adjustment pursuant to the provisions of Section 21.78.126.B below. 21.78.123 Legalization of excess dwelling units --Constructed after 1969 and before January 1, 1980/no permit. A. The owner of a building with excess residential dwelling units constructed without a permit after 1970 and before January 1, 1980 may seek legalization of such excess units, as non -conforming use of structure if applicable, as a special exception by applying, on a form to be provided by the Zoning Administrator. The application shall: 1. State the name and address of the owner; 2. State the date of construction of the illegal units; 3. Identify the party responsible for constructing the illegal units; and 4. Specify the relationship between the present owner and the person constructing the illegal units; and 5. Provide evidence of consent from the owners of all properties lying within 85 feet of the boundaries of the -5- applicant's property, from those properties directly across the street and from any affected neighborhood organization recognized pursuant to Chapter 2.62. B. The Zoning Administrator shall certify that the excess dwelling units are legal as a special exception if the Zoning Administrator finds: 1. That the number of units of the building would have been allowed by the zoning classification existing at the time of construction and the units have been continuously so used; and 2. That the owner did not construct the excess units or is not an immediate family relative or, in the case of a corporation or partnership, similarly owned and/or controlled by the party creating the illegal units; and 3. Building and Licensing Services certifies: (a) That the building and units substantially comply with life and safety codes or will be brought into compliance pursuant to building permits issued and paid for by applicant; (b) That off street parking has been hard surfaced and that, to the extent space is available, the parking standard applicable at the time of construction of the illegal units has been complied with; and (c) That all non -dimensional zoning violations have been corrected. -6- 4. That the owner has applied for an apartment license if the building contains five or more dwelling units. C. For legalizations permitted pursuant to Section 21.78.123.B, any further Uniform Housing Code deficiencies affecting the building or units, as determined by the date such excess units were constructed, will be recorded with the County Recorder as a Certificate of Non-conformance. After any sale or other transfer of the property the legalization certificate issued pursuant to Section 21.78.123.B shall no longer be effective and the City may enforce any Uniform Housing Code violations, including those referenced in the certificate of nonconformance. D. If the illegal units were constructed by the owner or an immediate family relative of the owner or a corporation or partnership with similar ownership and/or control, the Zoning Administrator shall certify that the excess dwelling units are legal as a special exception if the Zoning Administrator finds: 1. That the number of units of the building would have been allowed by the zoning classification existing at the time of construction and the units have been continuously so used; and 2. Building and Licensing Services certifies: (a) That the building and units substantially comply with life and safety codes or will be brought -7- into compliance pursuant to building permits issued and paid for by applicant; (b) That off street parking has been hard surfaced and that, to the extent space is available, the parking standard applicable at the time of construction of the illegal units has been complied with; and (c) That all non -dimensional zoning violations have been corrected. 3. That the owner has applied for an apartment license if the building contains five or more dwelling units. E. For legalizations permitted pursuant to Section 21.78.123.D, a Certificate of Nonconformance shall be recorded with the County Recorder for any further Uniform Housing Code deficiencies affecting the building or units, as determined by the date such excess units were constructed, and any further parking or zoning deficiencies. After any sale or other transfer of the property the legalization certificate issued pursuant to Section 21.78.123.D shall no longer be effective and the City may enforce on any housing, zoning or parking violations, including those referenced in the Certificate of Nonconformance. F. If the Zoning Administrator finds that the zoning of the property would not have allowed the number of existing units at the time of their creation, no legalization shall be granted. -8- G. If the consent required pursuant to Section 21.78.123.A.(5) above has not been satisfied the application shall be considered by the Board of Adjustment pursuant to the provisions of Section 21.78.126.B below. 21.78.124 Legalization of excess dwelling units --implied permit. A. The owner of a building with excess dwelling units with an implied permit may seek legalization of the units, as a non- conforming use or structure if applicable, as a special exception by submitting an application. The application shall: 1. State the name and address of the owner; 2. State the date of construction of the excess units and evidence of such construction; 3. Provide evidence of the implied permit. B. The Zoning Administrator shall certify the legalization of the excess units if the Zoning Administrator finds: 1. That the units were constructed and continuously operated before the effective date of this ordinance, May 15, 1992, with an implied permit; and 2. Building and Licensing Services certifies: (a) Substantial compliance with life and safety codes; (b) That all non -dimensional zoning violations have been corrected; and (c) That off street parking has been hard surfaced and that, to the extent space is available on -9- the property, the parking standards applicable on the date of the implied permit have been complied with. 21.78.125 Legalization fees. A. An applicant for legalization shall submit accompanying the legalization application the following fees: 1. For applications pursuant to Section 21.78.123, one hundred fifty dollars; 2. For applications pursuant to Sections 21.78.122 and 21.78.124, one hundred dollars; 3. If an apartment inspection fee has not already been paid in application for an apartment business revenue license an additional inspection fee of $30.00 shall be paid for any legalization application. 21.78.126 Legalization of excess dwelling units --Appeals. A. The decision of the Zoning Administrator or Building and Licensing Services concerning substantial compliance with life and safety codes may be appealed to the Housing Appeals and Advisory Board pursuant to that Board's normal appeals process, including the consideration of the appeal by a hearing officer. B. The decision of the Zoning Administrator regarding legalization may be appealed to the Board of Adjustment. Any appeal shall specify the errors allegedly made by the Zoning Administrator. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on May 15, 1992 and shall be published by the City Recorder. -10- Passed by the City Council of Salt Lake City, Utah, this 21 day of April , 1992. ATTEST: 4-9 t ti CITY RECORDER CHAIRPERSON CA\ Transmitted to the Mayor on April 21, 1992 Mayor's action: XX Approved ATTEST: ITY RECORDER BRB:rc 1/29/92 Published: April 29, 1992. -11-