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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 __