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063 of 2003 - Relating to non-conforming uses & non-complying structures to provide legal conforming status for th ' 0 03-20 0 03-1 SALT LAKE CITY ORDINANCE No. 63 of 2003 (Amending the Salt Lake City Zoning Code Regarding Legal Conforming Uses) AN AMENDMENT TO THE SALT LAKE CITY ZONING CODE PROVIDING LEGAL CONFORMING STATUS FOR SINGLE-FAMILY DETACHED DWELLINGS, TWO-FAMILY DWELLINGS, AND TWIN HOMES, PURSUANT TO PETITION NO. 400- 02-23. WHEREAS, the Salt Lake City Zoning Code provides for certain limited legal conforming status for single-family detached dwellings, two-family dwellings, and twin homes; and WHEREAS, after public hearings before the Planning Commission and the City Council, it has been determined that it would be in the best interest of the City to provide legal conforming status for all legal existing single-family detached dwellings, two-family dwellings, and twin homes in most zoning districts; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Section 21A.38.120 of the SALT LAKE CITY CODE shall be and hereby is amended to read as follows: 21A.38.120 Legal Conforming Single-Family Detached Dwellings, Two- Family Dwellings, and Twin Homes: Any single-family detached dwelling, two-family dwelling, or twin home, except those located in M-1 and M-2 zoning districts, that is in legal existence shall be considered legal conforming. Subject to complying with all other current, local or state development standards, legal conforming status shall authorize alterations, extensions/additions, and replacement of the single-family.detached dwelling, two-family dwelling, or twin home. In zoning districts other than M-1 and M-2,which do not allow detached single- family dwelling units, two-family dwelling units or twin homes, the replacement structure may exceed the original footprint of the existing structure by twenty-five percent (25%)when the structure has been destroyed by fire,voluntary demolition or natural calamity. Replacement structures which exceed twenty-five percent (25%) of the original footprint, or the replacement of a single-family detached dwelling, two-family dwelling or twin home in an M-1 or M-2 zoning district may be allowed as a conditional use subject to the provisions of Chapter 21A.54 of this Title. The replacement structure shall not project into a required yard area beyond any encroachment established by the structure being replaced. All replacement structures in non-residential zones are subject to the provisions of Chapter 21A.36.190 of this title, Residential Building Standards for Legal Conforming Single-Family Detached, Two-Family Dwellings and Twin Homes in Non- Residential Zoning Districts. When replacing a legal conforming single-family detached dwelling, two-family dwelling or twin home, the number of new parking stalls provided shall be equal to or more than the number of parking stalls being replaced. SECTION 2. Section 21A.38.130 of the SALT LAKE CITY CODE shall be and hereby is deleted in its entirety. SECTION 3. Section 21A.36.190 of the SALT LAKE CITY CODE shall be and hereby is enacted to read as follows: 21A.36.190 Residential Building Standards for Legal Conforming Single-Family Detached, Two-Family Dwellings and Twin Homes in Non-Residential Zoning Districts: Any new single-family detached dwelling, two-family dwelling or twin home that is replacing a legal conforming single-family, two family or twin home, in a non-residential zoning district shall comply with the following standards: A. Front Facade Controls: To maintain architectural harmony and primary orientation along the street, all buildings shall be required to include an entrance door, and such other features as windows, balconies,porches, and other such architectural features in the front facade of the building, totaling not less than ten percent(10%) of the front facade elevation area, excluding any area used for roof structures. For buildings constructed on a corner lot, only one front facade is required in either the front or corner side facade of the building. 2 B. Basement Structures: All dwellings must have at least one full story above ground. Residential structures built into a hillside with less than all elevations exposed may be approved through the site plan review process. C. Residential Building Foundation Standard: Each dwelling shall have poured concrete footings, the top of which must be placed below the applicable frost line. Except as otherwise authorized by the planning director and the chief building official in foothill districts, each dwelling shall have a site built concrete or masonry foundation/perimeter skirting constructed around the entire perimeter with interior supports as necessary to meet applicable building codes and adopted seismic loading requirements. The dwelling shall be permanently tied to the foundation system in accordance with applicable building codes and adequately weatherproofed. D. Entrance Landing: At each exit door, there must be a concrete or wood landing that is a minimum of thirty six inches by thirty six inches (36" x 36"), constructed to meet the minimum requirements of the uniform building code with adequate foundation support and permanent attachment to the building. E. Placement of a replacement structure on the existing lot should be consistent with the front yard setbacks of the existing residential structures on the street. Front yard setback must be in line with the average setback of the other principle buildings on the same block face, but not less than 15' from the front property line. For purposes of determining the average setback, steps under three feet (3') in height and eaves projecting three feet (3') or less may project into the required front yard. F. The scale and mass of the replacement structure should be compatible with that of the existing adjacent residential structures and not exceed twenty-five percent(25%) of the structure it is replacing. Replacement structures which exceed twenty-five percent(25%) of the original footprint may be allowed as a conditional use subject to the provisions of Chapter 21A.54 of this Title. SECTION 4. 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 9th day of September, 2003. 0 — aLli - CHAIRPERS ot.W ATTEST: (7414111EF.IDEWCIY RECORDER 3 ., Transmitted to the Mayor on September 9, 2003 Mayor's Action: Riay/proved ❑Vetoed . '. �_-_ MAYOR ATTEST: . r—, cittria, P:ity DEPUT TY CORDER APPROVED t s'Ti •- , salt IQ Mr City At.tr:it. „ Office (SEAL) t-z 2 - e'3 Bill No. 63 of 2003 Published: September 22, 2003 /4) •''•'•'••-:G�4,,� t T:, •r,,'its. 'Yl • r t , G:\Ordinance 03\Amend SLC Zoning Code to Provide Greater Latitute for Legal Conform Uses(8-22-03 Clean).doc 4