PLNZAD2022-00216 - 401 W 900 SJune 21, 2022
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2022-00216
REQUEST:
A request from James Alfandre of Urban Alfandre for an administrative interpretation regarding
a proposed use for the property at approximately 401 W 900 S (Parcel No. 15-12-179-009)—which
is located within the CG General Commercial zoning district. The applicant is looking for
clarification regarding a use that he calls “co-living” and if it qualifies as “Dwelling, Rooming
(Boarding) House,” which is a permitted use in the CG district.
DECISION:
The Zoning Administrator finds that the proposed use as described in the application material is
most similar to “Dwelling, Rooming (Boarding) House” (as defined in section 21A.62 of the Salt
Lake City Zoning Ordinance), which is a permitted use in the CG General Commercial zoning
district.
FINDINGS:
According to the applicant, co-living is “a modern form of communal living in which residents get
a private bedroom in a furnished home with shared common areas” where leases are greater than
30 days (the applicant has proposed six-month leases). Specifically, the applicant has proposed
units with three or more rooms where the shared common area would include bathrooms and the
kitchen area. Each bedroom in a co-living unit would be leased separately to unrelated
individuals. A drawing of the layout is included with his submittal in Attachment A.
Because co-living is not defined in section 21A.62.040 of the Salt Lake City Zoning Ordinance, an
interpretation determining the relevant land use category is subject to the standards found in
section 21A.12.050. Before reviewing the proposal according to those standards, the applicant’s
proposed use needs to be compared to the listed “Dwelling, Rooming (Boarding) House,” to
determine if the uses are indeed analogous to one another.
What is Co-living? According to the Applicant
As proposed by the applicant, Co-living is the concept of having unrelated individuals sharing an
apartment unit. The proposed layout consists of individual rooming units that are leased
separately, sharing a common space within a co-living unit (kitchen, dining, living, and
bathrooms).
What is a Rooming House?
A “Dwelling, Rooming (Boarding) House” (or simply rooming house) is defined by the Salt Lake
City Zoning Ordinance as:
A building or group of attached or detached buildings containing in combination at
least three (3) lodging units for occupancy on at least a monthly basis, with or
without board, as distinguished from hotels and motels in which rentals are
generally for daily or weekly periods and occupancy is by transients.
Does the proposed Co-living Arrangement Qualify as a Rooming House?
The question at the core of this request is whether the proposed rooming units in the co-living
configuration qualify as the lodging units that make up a rooming house (as noted in the
definition). Lodging unit is not defined in section 21A.62.040. However, the Merriam-Webster
dictionary (which is used when a word is not defined by the zoning ordinance, per 21A.62.010)
defines lodging as “a place to live” or “sleeping accommodations.” Based on this definition, a
rooming house should contain at least three units that are “a place to live” with “sleeping
accommodations.” A living unit with anything more than sleeping accommodations and a
bathroom would no longer meet the definition of a lodging unit within a rooming house. Based
on these definitions, the applicant’s proposal would meet the definition of a “Dwelling, Rooming
(Boarding) House.”
Based on the proposed floor plan alone (see Attachment A) and without any context, it’s possible
to assume that the proposed use could be considered a multi-family dwelling. The Salt Lake City
Zoning Ordinance defines “Dwelling, Multi-family” as “a building containing three (3) or more
dwellings on a single lot.” However, the zoning ordinances’ definition of “Dwelling” complicates
things when it says that they are “designated for residential purposes of a family for occupancy
on a monthly basis.” The proposed co-living use is not designed for occupancy by a family, which
the ordinance defines as “one or more persons related by blood, marriage, adoption, or legal
guardianship… living together as a single housekeeping unit in a dwelling unit.” In fact, the
definition of dwelling expressly “…excludes living spaces within hotels, bed and breakfast
establishments, apartment hotels, boarding houses, and lodging houses.” Each rooming unit
within the proposed co-living use would be leased to individuals, not families. Additionally,
boarding houses (an alternative name used by the zoning ordinance for rooming houses) are
specifically exempt from being considered dwellings. Because the proposed use meets the
definition of “Rooming (Boarding) House” and is not designed for occupancy by a family, it does
not meet the definition of a multi-family dwelling.
Finally, the proposed co-living use would not be considered “Dwelling, Single Room Occupancy,”
which is defined by the zoning ordinance as a “residential dwelling facility containing individual,
self-contained, dwelling units none of which may exceed five hundred (500) square feet in size.”
The proposed units are larger than 500 square feet, and each rooming unit is not entirely self-
contained (with a bathroom and kitchen). The necessary bathroom and kitchen facilities are
shared with other rooming units within a single co-living unit.
Standards for Use Interpretation
Use interpretations are subject to the standards found in section 21A.12.050 of the Salt Lake City
Zoning Ordinance. The analysis of each standard is as follows:
A. Any use defined in Chapter 21A.62 of this title shall be interpreted as defined;
Finding: Co-living is not defined in the zoning ordinance. The closest definition to the
proposed use is “Dwelling, Rooming (Boarding) House,” which is defined in Chapter 21A.62.
B. Any use specifically listed without a “P” or “C” designated in the table of permitted and
conditional uses for a district shall not be allowed in that zoning district;
Finding: The closest definition to the proposed use is “Dwelling, Rooming (Boarding)
House,” listed as a permitted use in the CG district.
C. No use interpretation shall allow a proposed use in a district unless evidence is presented
demonstrating that the proposed will comply with the development standards established
for that particular district;
Finding: The proposed use will be required to comply with the development standards of the
CG zoning district. The development standards for a “Dwelling, Rooming (Boarding) House”
are similar to those required for a multi-family development, except in terms of parking.
Section 21A.44.030 requires for “Dwelling, Rooming (Boarding) House” one parking space
for every two occupants, with which this proposal must comply.
D. No use interpretation shall allow any use in a particular district unless such use is
substantially similar to the uses allowed in that district and is more similar to such uses than
to uses allowed in a less restrictive district;
Finding: A “Dwelling, Rooming (Boarding) House” is the most similar use to the applicant’s
co-living proposal. The use is permitted in the CG district and not allowed in any less
restrictive district (such as a Manufacturing or Downtown district).
Additionally, as discussed earlier in this interpretation, the proposed use is neither a multi-
family nor single-room occupancy dwelling. Both are permitted within less restrictive
districts.
E. If the proposed use is most similar to a conditional use authorized in the district which it is
proposed to be located, any use interpretation allowing such use shall require that it may be
approved only as a conditional use pursuant to chapter 21A.54 of this title; and
Finding: The closest definition to the proposed use is Dwelling, Rooming (Boarding) House,
which is listed as a permitted use in the CG district.
F. No use interpretation shall permit the establishment of any use that would be inconsistent
with the statement of purpose of that zoning district.
Finding: The purpose statement for the CG General Commercial zoning district is as follows
(21.26.070):
… to provide an environment for a variety of commercial uses, some of which
involve the outdoor display/storage of merchandise or materials. This district
provides economic development opportunities through a mix of land uses,
including retail sales and services, entertainment, office, residential, heavy
commercial and low intensities of manufacturing and warehouse uses. This
district is appropriate in locations where supported by applicable master plans
and along major arterials. Safe, convenient and inviting connections that
provide access to businesses from public sidewalks, bike paths and streets are
necessary. Access should follow a hierarchy that places the pedestrian first,
bicycle second and automobile third. The standards are intended to create a
safe and aesthetically pleasing commercial environment for all users.
The proposed co-living use, as described by the applicant, is consistent with the above purpose
statement since it would add to the “mix of land uses” meant to “provide economic
development opportunities.” The proposed use adds another type of residential dwelling to
the mix and provides new or temporarily stationed professionals with a place to live among
other land uses (such as retail sales and services, offices, or places for entertainment).
If you have any questions regarding this interpretation, please contact Aaron Barlow at 801-535-
6182 or by email at aaron.barlow@slcgov.com.
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 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.
NOTICE:
Please be advised that a determination finding a particular use to be a permitted use or a
conditional use shall not authorize the establishment of such use nor the development,
construction, reconstruction, alteration, or moving of any building or structure. It shall merely
authorize the preparation, filing, and processing of applications for any approvals and permits
that may be required by the codes and ordinances of the City including, but not limited to, a
zoning certificate, a building permit, and a certificate of occupancy, subdivision approval, and a
site plan approval.
Aaron Barlow, AICP
Principal Planner
cc: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Development Review Supervisor
Amy Hawkins, Chair, Ballpark Community Council
Posted to Web
Attachments:
A. Vicinity Map of Subject Property
B. Letter Requesting Administrative Interpretation for Co-living Proposal
3/3/22
We are seeking an Administrative Interpretation for Dwelling, Rooming (boarding) House.
DWELLING, ROOMING (BOARDING) HOUSE:A building or group of attached or
detached buildings containing in combination at least three (3) lodging units for
occupancy on at least a monthly basis, with or without board, as distinguished from
hotels and motels in which rentals are generally for daily or weekly periods and
occupancy is by transients.
We would like to explore offering coliving units in our project in the CG zone and are seeking
clarification from Salt Lake City Planning if co-living is considered an acceptable use under the
‘Dwelling, Rooming (boarding) House definition, which is a permitted use in the CG zone.
We believe coliving is a permitted use under the Dwelling, Rooming (boarding) House definition
because our coliving units will be at least 3 bedroom units with each bedroom rented out
individually sharing common spaces. These bedrooms will be rented out on a minimum six
month lease.
Coliving is defined as a modern form of communal living in which residents get a private
bedroom in a furnished home with shared common areas.
Coliving is popular in major cities as a means of affordable living for students, workers, digital
nomads, or individuals relocating.
Coliving bedrooms will be rented on a minimum six month lease.
Sincerely,
James Alfandre