A. Purpose: The purpose of this subsection is to implement the existing Salt Lake City community housing plan by providing a process that gives owners of property with one or more excess dwelling units not recognized by the city an opportunity to legalize such units based on the standards set forth in this section. The intent is to maintain existing housing stock in a safe manner that contributes to the vitality and sustainability of neighborhoods within the city.
B. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this section 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 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.
C. Conditions of Approval: Any approved unit legalization shall be subject to the following conditions:
1. 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 chapter 18.50, "Existing Residential Housing", of this code.
2. All required corrections indicated during the inspection process must be completed within 1 year unless granted an extension by the building official.
D. Application: A determination of non-conforming use application, provided by the zoning administrator, shall be required to legalize unrecognized dwelling units. (Ord. 64-21, 2021)