063 of 2012 - Amending 21A.52.030; legalization of excess dwelling units. 0 12-1
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SALT LAKE CITY ORDINANCE
No. 63 of 2012
(Amending Section 21A.52.030 of the Salt Lake City Code
pertaining to legalization of excess dwelling units)
An ordinance amending Section 21A.52.030 (Zoning: Special Exceptions: Special
Exceptions Authorized) of the Salt Lake City Code pursuant to Petition No. PLNPCM2011-
00499 to modify regulations governing the dwelling unit legalization process.
WHEREAS, the Salt Lake City Planning Commission ('`Planning Commission")held a
public hearing on December 14, 2011 to consider a request made by Salt Lake City Mayor Ralph
Becker(Petition No. PLNPCM20 1 1-00499)to amend Section 21A.52.030(Zoning: Special
Exceptions: Special Exceptions Authorized) of the Salt Lake City Code to modify regulations
governing the unit legalization process; and
WHEREAS, at its December 14, 2011 hearing, the Planning Commission voted in favor
of recommending to the City Council of Salt Lake City("City Council")that the Salt Lake City
Code be amended to modify regulations governing the unit legalization process; 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. 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
A.22 which shall read as follows:
22. 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 past a past tenant,
neighbor, previous owner, or other individual who has
knowledge about the dwelling unit;
(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 indicates the
existence of the dwelling unit that the owner is willing to place
into a public record.
(2)The dwelling 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) 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 one-quarter ('/4 )mile radius of a
fixed rail transit stop or bus stop in service at the time of
legalization.
(4)There is no history of zoning violations occurring on the
property. To determine if there is a history of zoning violations, the
city shall only consider violations documented by official city records
for which the current unit owner is responsible.
c. Conditions of Approval: Any unit legalization approved after
September 1, 2011 shall be subject to the following conditions:
(1)The unit owner shall apply for participation in the city's
landlord tenant program within ninety(90) 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 one hundred eighty (180) days of special
exception approval or as mutually agreed by the unit owner and the
city. After such inspection, the unit owner shall make necessary
corrections within one hundred eighty (180) days or as mutually
agreed by the unit owner and the city.
d. Application: In addition to the application requirements in Chapter
21A.52 of this title, an applicant shall submit documentation showing
compliance with the standards set forth in Subparagraph 22.b of this
subsection.
e. Expiration: The provisions of this Subsection 21A.52.030.A.22 shall
expire on September 1, 2013 and shall have no further force or effect unless
earlier amended, modified, or repealed. After the expiration date, any dwelling
unit that is not officially recognized by the City, except units included within a
complete unit legalization application submitted to the City prior to the
expiration date, shall only be recognized in accordance with Chapter 21A.38
(Nonconforming Uses and Noncomplying Structures) of this title.
SECTION 2. Section 2l A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List
of Defined Terms), shall be, and hereby is, amended as follows:
•
a. Section 21A.60.020 is amended to delete the terms"Unit legalization,
dimensional zoning violations"and "Unit legalization, nondimensional zoning
violations" from the list of terms.
b. Section 21A.60.020 is amended to modify the definition of"Unit legalization
permit"to read as follows:
UNIT LEGALIZATION PERMIT: A permit issued for building improvements
required to obtain a unit legalization zoning certificate by the city.
c. Section 21A.60.020 is amended to add the definition of"Excess dwelling
unit"to read as follows:
EXCESS DWELLING UNIT: A dwelling unit which is not permitted by
zoning regulations applicable to the property where the unit is located and which is
not a legal nonconforming use recognized by the city.
The codifier is instructed to only revise Section 21A.60.020 to delete the two terms
identified in Section 2(a) above, revise the term"Unit legalization permit" as indicated in
Section 2(b) above, add the term "Excess dwelling unit" as indicated in Section 2(c) above, and
leave the remainder of Section 21A.60.020 undisturbed as part of this ordinance.
SECTION 3: Notice. As soon as practicable after the effective date of this ordinance,
each owner of residential property within the boundaries of Salt Lake City, as shown by the
latest assessment rolls of the Salt Lake County Recorder, shall be given notice, via U.S. mail, of
the provisions of Sections 1 and 2 hereof.
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 f 7 i day of
2012.
IRPER N
ATTES ND CO NTERSIGN:
RECORDER
Transmitted to Mayor on g`Z"W/ 2-
Mayor's Action: 'I Approved. Vetoed.
MA. Ie - - -
CITY RECORDER ,yti)Yi
/ } C,, APPROVED AS TO FORM
(SEAL) =r �/
63 ff#4.0`S' ^+ , -YT'.+v' Date: /a, ZD IL
Bill No. of2012. , ' A.?�1 .. ..t
Published: 10-8-2012 ; ;x' "1''.ti '�; 4 /��
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