HomeMy WebLinkAboutPLNZAD2025-00757 - 268 E 700 SAugust 18, 2025
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2025-00757
REQUEST:
This is a request for a Determination of Nonconforming Use for a duplex at 268 E 700 South
(Tax ID# 16-07-130-0040). The request is to have the structure recognized as a legal
nonconforming duplex. The property contains 0.1051 acres (4,578 square feet) with a lot width
of 37 feet, located in the RMF-35 (Moderate Density Multi-Family Residential District). In
RMF-35, duplexes are only permitted on lots with a minimum of 8,000 square feet and a
minimum width of 50 feet. Because the subject lot does not meet these standards, the request is
to establish its status as a legal nonconforming use.
DECISION:
Based on the review standards listed in 21A.38.075 and the documentation submitted by the
applicant, the Zoning Administrator approves the legalization of the excess dwelling unit and
recognizes the structure on the property as a legal nonconforming duplex. The determination is
subject to the following conditions of approval:
1. The unit owner shall allow the City’s Building Office or designee to inspect the dwelling
unit to determine whether the unit substantially complies with the basic life safety
requirements as provided in Title 18, Chapter 18.50, “Existing Residential Housing,” of
this code. The inspection can be scheduled by calling the Civil Enforcement division at
(801)535-7225 or email civilenforcement@slcgov.com.
2. All required corrections indicated during the inspection process must be completed within
one year unless granted an extension by the Zoning Administrator.
FINDINGS:
The applicant provided evidence that the excess dwelling unit at 268 E 700 S existed prior to April
12, 1995. Rental and tax records from 1990 identify the property as containing two units, and
county assessor records classify it as a duplex. Utah Historic Building Records, Sanborn maps,
and permit records further confirm the long-standing use of more than one unit. The applicant
also submitted a notarized affidavit stating the second unit has been continuously occupied and
rented as a separate dwelling since before 1995. The documents meet the standards of review for
unit legalization in Salt Lake City Zoning Ordinance 21A.38.075.
Standards for Unit Legalization:
Any request to approve an existing excess unit must comply with the following:
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); or
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 Subsection B.1 of this section 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 Subsection B.1 of
this section 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.
If you have any questions regarding this interpretation, please contact Meagan Booth at (801)
535-7213or by email at meagan.booth@slc.gov.
APPEAL PROCESS:
An applicant or any other person or entity adversely affected by a decision administering or
interpreting this Title may appeal to the Appeals Hearing Officer. Notice of appeal shall be filed
within ten (10) days of the administrative decision. The appeal shall be filed with the Planning
Division and shall specify the decision that appealed and the reasons the appellant claims the
decision to be in error. Applications for appeals are located on the Planning Division website at
https://www.slc.gov/planning/applications/along with information about how to apply and
processing fees.
Meagan Booth
Principal Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Central City
Posted to Web
Attachments:
Vicinity map
Applicant Materials
Staff Research Documentation
Vicinity Map
268 E 700 S