PLNZAD2021-01210 - 150 N MainDecember 22, 2021
ADMINISTRATIVE DETERMINATION OF A
NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2021-01210
REQUEST:
A request for a Determination of Nonconforming Use regarding the property located at 150 N
Main Street (The Kimball Condominiums). This is a request to determine if the condominium
units can continue to be rented as timeshare units and as short-term rentals per the historical
use of the property.
DECISION:
Based on the provisions of the Zoning Ordinance section 21A.38.040.E, City and County records
and the documentation submitted by the applicant, the Zoning Administrator finds that the
nonconforming use located at 150 N Main Street is considered to be legal nonconforming use.
FINDINGS:
The property located at 150 N Main Street, known as The Kimball Condominiums, was built in
1916 and consisted of two identical buildings. In the late-1970’s, a fire destroyed one building
and in 1978 a plat was recorded changing the property from an apartment building to a
condominium.
In 1979 the Board of Adjustment granted a variance (Case No. 7940) to restore the existing
nonconforming building which was damaged in excess of 60% of its assessed value in a fire. In
1982, Case No. 7940 was reopened “in light of newly discovered information.” According to city
records, it was determined that the condominium was in possible violation of the zoning
ordinance because of their timeshare operation marketing concept. According to the letter dated
July 26, 1982 (attached), rather than pursue the variance request, the owner “followed the
suggestion of Planning and Zoning staff” to rezone the property to C-1 (Commercial) to allow a
timeshare use. While the 1978 or 1987 Salt Lake City Zoning Ordinances do not mention
“timeshare” as a land use, at that time staff considered the use to be most closely related to a
Hotel or Motel. Hotels and Motels were a permitted use in the C-1 zone at that time. Per
ordinance 56 of 1982, the City Council approved a rezone from R-5 to C-1. Following the rezone,
the variance was reinstated, and the timeshare use was permitted to continue.
In 1995 the property was rezoned from C-1 to RMF-75 (High Density Multi-Family Residential)
Zoning District. The RMF-75 district does not allow hotels, motels, timeshare or short-term
rentals, as permitted or conditional uses, therefore making the subject property a legal
nonconforming use.
To rezone the property to C-1 to allow the timeshare use, the City indicated support of a use that
operates similarly to a hotel or motel, which allows for nightly rentals. Additionally, the impact
of a timeshare is thought to be substantially similar to that of a short-term rental. Therefore,
both timeshare and short-term rental uses are considered legal nonconforming uses.
Per zoning ordinance 21A.38.040.F3 Rebuttal of Presumption of Abandonment: It has been
shown that the use of timeshare and rentals over a short term has not been abandoned through
applicant-provided Articles of Incorporation and Condominium Declarations. Planning Staff
obtained additional records from the Salt Lake County Recorder’s Office affirming that the use
has existed since 1982 and has continued to the present day.
If you have any questions regarding this interpretation, please contact Krissy Gilmore at (801)
535-7780 or by email at Kristina.Gilmore@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
http://www.slcgov.com/planning/planning-applications along with information about the
applicable fee and submission process. Appeals may be filed by submitting an application
through the City’s online application portal here: https://citizenportal.slcgov.com.
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.
Krissy Gilmore
Senior Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Casey Stewart, Development Review Supervisor
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