069 of 2018 - An ordinance amending the various sections of Title 21A of the Salt Lake City Code pertaining to reg 0 18-1
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SALT LAKE CITY ORDINANCE
No. 69 of 2018
(An ordinance amending various sections of Title 21A of the Salt Lake City Code
pertaining to regulation of inland port uses)
An ordinance amending various sections of Title 21 A of the Salt Lake City Code pursuant to
Petition No. PLNPCM2018-00601 pertaining to regulation of inland port uses.
WHEREAS, the Salt Lake City Planning Commission held public hearings on September 12,
2018 and September 26, 2018 to consider a petition submitted by Mayor Jacqueline Biskupski
(Petition No. PLNPCM2018-00601) to amend Chapters 21A.33 (Zoning: Land Use Tables), 21A.34
(Zoning: Overlay Districts), 21A.60 (Zoning: List of Terms), and 21A.62 (Zoning: Definitions) of
the Salt Lake City Code to adopt regulations pertaining to inland port uses; and
WHEREAS, at its September 26, 2018 meeting, the planning commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council on said petition; 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. Amending the text of Salt Lake City Code Section 21A.33.040. That
Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted
and Conditional Uses for Manufacturing Districts), shall be and hereby is amended as follows:
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a. Amending the use "Grain elevator". That the use category in the Table of
Permitted and Conditional Uses for Manufacturing Districts titled, "Grain elevator" shall
be amended to read and appear in that table as follows:
Permitted And Conditional Uses By District
Use M-1 M-2
Grain elevator C'2 P
b. Amending the use "Railroad, repair shop". That the use category in the
Table of Permitted and Conditional Uses for Manufacturing Districts titled, "Railroad,
repair shop" shall be amended to read and appear in that table as follows:
Permitted And Conditional Uses By District
Use M-1 M-2
Railroad, repair shop C P
c. Amending the use "Solar array". That the use category in the Table of
Permitted and Conditional Uses for Manufacturing Districts titled, "Solar array" shall be
amended to read and appear in that table as follows:
Permitted And Conditional Uses By District
Use M-1 M-2
Solar array pa P
d. Adding the use "Storage, self'. That a new use category titled, "Storage,
self' shall be added to the Table of Permitted and Conditional Uses for Manufacturing
Districts, which use category shall be inserted into that table in alphabetical order and
shall read and appear in that table as follows:
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Permitted And Conditional Uses By District
Use M-1 M-2
Storage, self P P
e. Adding a qualifying provision. That a new qualifying provision be added
to the Table of Permitted and Conditional Uses for Manufacturing Districts, which
qualifying provision shall be inserted in numerical order and shall read and appear as
follows:
a. Prior to issuance of a building permit in the Development Area and the Eco-
Industrial Buffer Area of the Northwest Quadrant Overlay, consultation with the
Utah Division of Wildlife Resources is required to obtain recommendations on
siting and equipment types for all solar arrays on a particular property to mitigate
impacts to wildlife.
[Note: The codifier is instructed to change the qualifying provision letter (a) assigned
herein to the next number in sequence upon codification.]
SECTION 2. Adopting Section 21A.34.150 of Salt Lake City Code. That a new Section
21A.34.150 of the Salt Lake City Code (Zoning: Overlay Districts: IP Inland Port Overlay
District), shall be and hereby is adopted and shall read as follows:
Chapter 21A.34.150 IP INLAND PORT OVERLAY DISTRICT
A. Purpose: The purpose of the IP Inland Port Overlay District is to allow for the
development of an inland port as required in Utah Code Chapter 11-58 Utah Inland Port
Authority Act and its successor. The district is intended to take advantage of its location
near an international airport, the interstate system, and rail infrastructure to allow for
development that facilitates regional, national, and international trade. Land uses in the
district are light industrial in nature, provide high quality jobs, and are an economic
engine for the city and region. The district is well connected, linking people to jobs and
other parts of the city and region, and linking businesses to goods and services by
vehicle, rail, transit, air, bicycle, and foot. Above all, the district is a model to the nation
for sustainable development that:
• respects and maintains sensitivity to the natural environment;
• helps to achieve city and state goals for air and water quality;
• minimizes resource use;
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• utilizes best available technology and practices to avoid, minimize, manage and
mitigate detrimental environmental impacts; and
• is compatible with and complements other uses within the district and near the district.
The standards and processes stated in this chapter are intended to implement the purpose of
the district and the vision, guiding principles, goals, objectives, and policies of Plan Salt Lake
and other applicable city plans, such as the Northwest Quadrant Master Plan.
B. Applicability:
1. The IP Inland Port Overlay District applies to all inland port uses that are located
within the IP Inland Port Authority Jurisdictional Land as defined in Utah Code
Chapter 11-58.
2. Uses: Uses in the IP Inland Port Overlay District are as specified in the table of
permitted and conditional uses for the M-1 Light Manufacturing zoning district as set
forth in Chapter 21A.33 of this title. This section does not prohibit land uses that are
listed as permitted or conditional in the underlying zoning district.
a. Land Use Table Conflict: When a land use in the IP overlay district is allowed as
a permitted or conditional use in the M-1 Light Manufacturing zoning district, but
is not allowed as either a permitted or conditional use in the underlying zoning
district, the use shall be considered a conditional use.
b. Conditional Use Process and Approval Authority: Any conditional use that is
within the IP Inland Port Overlay District is subject to the conditional use process
and standards found within this chapter and in Chapter 21A.54. The Planning
Commission shall review all Conditional Uses in the IP Inland Port Overlay
District and are not considered an administrative conditional use.
c. Expansion of Existing Conditional Uses: A new conditional use is required for the
expansion of a conditional use when:
(1) Required by Chapter 21A.54;
(2)The land area of the existing conditional use is expanded by one thousand
(1,000) square feet or more; or
(3) The use was previously listed as a permitted use and is now listed as a
conditional use and is expanded by one thousand (1,000) square feet or more.
d. Natural Resource Unloading, Loading, Transfer, or Temporary Storage: Any use
that includes the unloading, loading,transfer, or temporary storage of natural
resources as a primary or accessory use shall be considered a conditional use
regardless of what is stated in the table of permitted and conditional uses for the
underlying zoning district.
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e. Existing Development Agreements: The applicability of this chapter in
relationship to existing development agreements shall be determined based on the
terms of the existing development agreements. In addition to the foregoing, the
restrictions in this chapter shall not apply to the lands described in two
development agreements recorded with the Salt Lake City Recorder on January
31, 2018 so long as the lands described therein remain subject to said agreements.
f. Prohibited Uses: The following uses shall not be considered an inland port use
and are not permitted within the IP Inland Port Overlay District:
(1) Any use that is listed as a permitted or conditional use in the M-2 Heavy
Manufacturing district that is not otherwise allowed as a permitted use or
conditional use in the M-1 Light Manufacturing zoning district;
(2) Extractive industry;
(3) Incinerator, medical waste/hazardous waste, nonhazardous waste, and/or any
incinerating facility that would be considered regulated as a point source;
(4) Refinery, petroleum products;
(5) Hazardous waste processing or storage;
(6) Explosive manufacturing or storage;
(7) Bottling plant; and
(8) Animal rendering.
3. Base Zoning District Standards: All lot, bulk, and design standards or regulations
applicable to the underlying zoning district or applicable overlay district shall apply
unless otherwise specified in this chapter.
4. Applicability with Other Overlays: If any other overlay district further restricts or
prohibits any section of the IP Inland Port Overlay District, the more restrictive
regulation shall apply and take precedence.
C. Area: The boundaries of the IP Inland Port Overlay District shall be the same as the
authority jurisdictional lands defined in Utah Code Chapter 11-58.
D. Application Requirements:
1. Permitted Uses: Permitted uses located in the IP Inland Port Overlay District shall be
subject to the site plan review requirements found in Chapter 21A.58.
2. Conditional Uses: In addition to the requirements in Chapter 21A.54, Conditional
Uses in the IP Inland Port Overlay district shall comply with the following additional
standards and application submittal requirements.
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a. State and Federal Permits: Evidence shall be provided that the land use applicant
has acquired all required federal and state permits, unless the state and/or federal
permitting agency requires city conditional use approval prior to their permit
approval. If a state and/or federal permitting agency requires city conditional use
approval prior to their issuance of permits, obtaining the state and/or federal
permit shall be a condition of approval of the conditional use.
b. Impact Mitigation Plan: An Impact Mitigation Plan that includes the following
information shall be provided in order to demonstrate compliance with Utah Code
Chapter 11-58 and to measure the detrimental impacts a conditional use may have
on surrounding properties, the environment, and the ability of the city to
implement adopted master plan policies. The items listed below shall include any
necessary descriptions, site plans, studies, reports, plans, and applicable state and
federal permits already received. Any required plans, studies, or reports shall be
prepared by a licensed or accredited professional with experience in the particular
associated field. Documentation of the professional qualifications and experience
shall be provided as part of the submittal.
(1) A description of how the proposed development will meet or exceed
applicable state and federal regulations related to the development and use of
the property;
(2) A description of the potential detrimental impacts of the proposed
development on surrounding properties and the methods proposed by the land
use applicant to mitigate those impacts;
(3) A description of any potential detrimental environmental impacts the
proposed development may cause including, but not limited to, impacts on air
quality, surface water, and groundwater. The plan shall include methods the
land use applicant intends to use to mitigate any potential environmental
impact, including the extent to which the proposed development will apply the
best available technology or systems, and best management practices and
controls;
(4) A description of the potential detrimental impact of the proposed development
on migratory bird production areas, as defined in Utah Code Title 23, Chapter
28 and the methods proposed by the land use applicant to mitigate those
impacts;
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(5) A transportation impact study that states the expected number of trips to be
generated, the type of vehicles expected, and the times of day that the most
severe impact can be expected. It shall also detail the effect on street capacity
by the development, as well as nearby intersections that will be impacted by
the development's traffic. The plan shall identify methods that the land use
applicant proposes to mitigate detrimental transportation impacts;
(6) A report that estimates the annual energy consumption of the use and that
demonstrates that the utility capacity is sufficient to support the use at normal
service levels and what methods and best practices will be used to implement
adopted city goals and policies related to energy efficiency;
(7) The anticipated impacts on the storm water system and the methods the land
use applicant proposes to mitigate the impacts. This shall include a technical
drainage study which meets current city stormwater detention/retention
requirements; information regarding how the land use will comply with any
stormwater master plans; and information regarding possible flooding
hazards and how the land use will comply with any flood plain development
permitting requirements;
(8) A water use study that identifies the anticipated water consumption from the
land use and a plan that outlines all water efficiency measures or methods that
the land use applicant will implement to reduce water consumption and any
off-site improvements that may be required to provide water service;
(9) A sanitary sewer discharge study that shows the anticipated sewer discharge
from the land use and any off-site improvements that may be required to
provide sewer service; and
(10) An emergency response plan that indicates the detrimental impacts that the
development may have on its surroundings and public resources in the event
of a natural disaster or on-site accident and methods used to mitigate the
impacts.
c. Specific Conditional Use Standards for the IP Inland Port Overlay: In addition to
the standards of review for conditional uses in Chapter 21A.54, conditional uses
in the IP Inland Port Overlay District shall comply with the following:
(1) Any detrimental impact or effect from the proposed use shall not exceed those
that could reasonably be expected to arise from a use that is permitted in the
district.
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(2) A conditional use that is considered an Inland Port Use shall meet the
objectives for an inland port use stated in Utah Code Chapter 11-58.
3. Procedures:
a. Determination of Application Completeness: Upon receipt of an inland port land
use application, the planning director shall make a determination of completeness
of the application pursuant to the application requirements required by this title.
No processing timeline required by Utah Code Chapter 11-58 or by this title shall
start until the application is deemed to be complete. An application that does not
comply with the applicable standards in this Title shall not be considered a
complete application.
b. State and City Procedure Compliance: The city shall comply with all applicable
application processing and noticing requirements as established in Utah Code
Chapters 10-9a and 11-58 and Chapter 21A.10 of this title.
c. Third-Party Review: The planning director may request a third-party review of
any element of the mitigation plan required by this chapter.
d. Exemptions from Impact Mitigation Plan: The following conditional uses are
exempt from the Impact Mitigation Plan required by this chapter:
(1) Uses listed as a conditional use in the table of permitted and conditional uses
of the underlying zone, but listed as a permitted use in the M-1 Light
Manufacturing zoning district;
(2) Uses not listed as an allowed use in the table of permitted and conditional uses
of the underlying zone, but listed as a permitted use in the M-1 Light
Manufacturing zoning district;
(3) Adaptive reuse of a landmark site;
(4) Alcohol related establishments;
(5) Antenna, communication tower, exceeding the maximum building height; and
(6) Wireless telecommunications facility.
4. Appeals: Decisions related to inland port uses made by the city appeals hearing
officer may be appealed to the Inland Port Authority Appeals Panel as authorized in
Utah Code Chapter 11-58.
E. Additional Development Standards:
1. Natural Resource and Bulk Storage: Utah Code Chapter 11-58 requires that the
transporting, unloading,transfer, or temporary storage of natural resources be allowed
in the IP Inland Port Overlay District. The following standards apply to natural
resource and bulk material storage in excess of five hundred (500) square feet in area:
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a. Standards applicable to outdoor storage of natural resource and bulk materials:
(1) Storage areas shall be located a minimum of one thousand (1,000) feet from a
residential zoning district and the Utah State prison facility.
(2) The ground under the storage area shall be a solid, non-permeable surface.
(3) The storage area shall be contained within walls and the material shall not be
stored at a height that is greater than the height of the walls.
(4) The storage area shall include fugitive dust control measures that include dust
that is created by unloading, loading, transfer, and temporary storage.
b. The unloading, loading, transfer, or temporary storage of coal, coal byproducts
(such as coke, fly ash, bottom ash, synthetic gypsum and similar products), and
crude oil shall be:
(1) Conducted within an enclosed building, except that such materials may be
stored in a rail car if the rail car is covered or sprayed with a surfactant to
reduce dust.
(2) Located a minimum of one thousand (1,000) feet from the Northwest
Quadrant Overlay District Natural Area, any aquatic resources as defined by
the Army Corps of Engineers, any migratory bird production area as defined
in Utah Code Title 23, Chapter 28, and any environmentally sensitive area as
identified by any state or federal agency.
(3) Located a minimum of one thousand (1,000) feet from a residential zoning
district and the Utah State prison facility.
c. The outdoor storage of bulk materials necessary for public safety purposes, such
as the storage of de-icing materials used on public streets, is exempt from these
requirements.
d. The standards in this section do not apply to existing landfills located within the
LO Landfill Overlay zoning district.
e. The temporary storage of natural resources is limited to 30 days.
SECTION 3. Amending the text of Salt Lake City Code Section 21A.60.020. That
Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms),
shall be and hereby is amended to insert the following terms, which terms shall be inserted in the
list of defined terms in alphabetical order and shall read as follows:
Animal rendering
Aquatic resource
Bulk material storage
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Fugitive dust
Hazardous waste processing or storage
Inland port
Inland port use
Inland port land use application
Impact mitigation report
Land use appeal authority
Land use applicant
Land use application
Land use authority
Natural resource
[The codifier is instructed to only insert the foregoing terms at this time and not make any other
modifications to Section 21A.60.020 as part of this ordinance.]
SECTION 4. Amending the text of Salt Lake City Code Section 21A.62.040. That
Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall
be and hereby is amended as follows:
a. Amending the definition of"ADMINISTRATIVE DECISION". That the
definition, "ADMINISTRATIVE DECISION", shall be amended to read as follows:
ADMINISTRATIVE DECISION: Any final order,requirement, decision, determination
or interpretation made by a land use authority in the administration or the enforcement of
this title.
b. Adding the definition of"ANIMAL RENDERING". That a new definition,
"ANIMAL RENDERING", shall be added to the Definitions of Terms, which definition shall
be inserted into Section 21A.62.040 in alphabetical order and shall read as follows:
ANIMAL RENDERING: A facility that converts waste animal tissue into stable, usable
products. Rendering includes the processing of animal products into more useful
materials.
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c. Adding the definition of"AQUATIC RESOURCE". That a new definition,
"AQUATIC RESOURCE", shall be added to the Definitions of Terms, which definition shall
be inserted into Section 21A.62.040 in alphabetical order and shall read as follows:
AQUATIC RESOURCE: High-functioning water bodies, riparian corridors, wetlands,
uplands, and playas as determined by the Army Corps of Engineers.
d. Adding the definition of"BULK MATERIAL STORAGE". That a new
definition, "BULK MATERIAL STORAGE", shall be added to the Definitions of Terms,
which definition shall be inserted into Section 21A.62.040 in alphabetical order and shall
read as follows:
BULK MATERIAL STORAGE: Loose, unwrapped, non-parceled, or unbundled
materials stored outside.
e. Adding the definition of"FUGITIVE DUST". That a new definition, "FUGITIVE
DUST", shall be added to the Definitions of Terms, which definition shall be inserted into
Section 21A.62.040 in alphabetical order and shall read as follows:
FUGITIVE DUST: Solid airborne particulate matter emitted from any source other than
through a stack or chimney.
f. Adding the definition of"HAZARDOUS WASTE PROCESSING AND
STORAGE". That a new definition, "HAZARDOUS WASTE PROCESSING AND
STORAGE", shall be added to the Definitions of Terms, which definition shall be inserted
into Section 21A.62.040 in alphabetical order and shall read as follows:
HAZARDOUS WASTE PROCESSING OR STORAGE: A facility that treats, stores,
recycles, incinerates or transfers hazardous waste. Hazardous waste shall include any
waste material that is subject to Utah Code Title 19.
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g. Adding the definition of"INLAND PORT". That a new defmition, "INLAND
PORT", shall be added to the Definitions of Terms, which definition shall be inserted into
Section 21A.62.040 in alphabetical order and shall read as follows:
INLAND PORT: The use of land as defined in Utah Code Chapter 11-58 and its
successor.
h. Adding the definition of"INLAND PORT USE". That a new definition,
"INLAND PORT USE", shall be added to the Definitions of Terms, which definition shall be
inserted into Section 21A.62.040 in alphabetical order and shall read as follows:
INLAND PORT USE: A use of land that supports,promotes and depends on the
proximity to the inland port as defined in Utah Code Chapter 11-58 and its successor.
i. Adding the definition of"INLAND PORT LAND USE APPLICATION". That a
new definition, "INLAND PORT LAND USE APPLICATION", shall be added to the
Definitions of Terms,which definition shall be inserted into Section 21A.62.040 in
alphabetical order and shall read as follows:
INLAND PORT LAND USE APPLICATION: Any application required by this title and
any required building permits, utility permits, or other permits required by the city
necessary to develop an inland port use.
j. Adding the definition of"IMPACT MITIGATION REPORT". That a new
definition, "IMPACT MITIGATION REPORT", shall be added to the Definitions of Terms,
which definition shall be inserted into Section 21 A.62.040 in alphabetical order and shall
read as follows:
IMPACT MITIGATION REPORT: A report provided by an inland port land use
applicant that identifies all potential detrimental impacts that may be produced by an
inland port use. The impact mitigation report includes the topics required in Section
21A.34.150 and any other information deemed necessary by the planning director for the
planning commission to evaluate the detrimental impacts identified in Chapter 21A.54.
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k. Adding the definition of"LAND USE APPEAL AUTHORITY". That a new
definition, "LAND USE APPEAL AUTHORITY", shall be added to the Definitions of
Terms, which definition shall be inserted into Section 21A.62.040 in alphabetical order and
shall read as follows:
LAND USE APPEAL AUTHORITY: The designated or appointed land use appeals
hearing officer(s) for Salt Lake City.
1. Adding the definition of"LAND USE APPLICANT". That a new definition,
"LAND USE APPLICANT", shall be added to the Definitions of Terms, which definition
shall be inserted into Section 21A.62.040 in alphabetical order and shall read as follows:
LAND USE APPLICANT: An individual or entity that submits a land use application. A
land use applicant shall be the owner of the property or a designated representative of the
owner.
m. Adding the definition of"LAND USE APPLICATION". That a new definition,
"LAND USE APPLICATION", shall be added to the Definitions of Terms, which definition
shall be inserted into Section 21A.62.040 in alphabetical order and shall read as follows:
LAND USE APPLICATION: An application required by this title for any process,
development, or permit required by this title. A land use application does not include an
application to create or modify a master plan or a zoning amendment.
n. Adding the definition of"LAND USE AUTHORITY". That a new definition,
"LAND USE AUTHORITY", shall be added to the Definitions of Terms, which definition
shall be inserted into Section 21A.62.040 in alphabetical order and shall read as follows:
LAND USE AUTHORITY: The entity identified by this title to decide a land use
application.
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o. Adding the definition of"NATURAL RESOURCE". That a new definition,
"NATURAL RESOURCE", shall be added to the Definitions of Terms, which definition
shall be inserted into Section 21A.62.040 in alphabetical order and shall read as follows:
NATURAL RESOURCE: A material supplied by nature excluding any material that has
gone through a process to alter the material from its natural state, such as refined
products, chemical products, or waste materials, other than collecting it from its natural
setting and transporting to another location.
[The codifier is instructed to only make the above revisions to Section 21,4.62.040 at this time and not make
any other modifications to that section as part of this ordinance.]
SECTION 5. 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 4th day of December
2018.
CHAIRPERSON
TEST OUNTER •
ITY RECORDER
Transmitted to Mayor on December 11, 2012 •
Mayor's Action: Approved. Vetoed.
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%y ,A0 APPROVED AS TO FORM
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Bill No. 69 of 2018. F mo . �v/' By:
Published: 2018. �pORA +� P I C.Nie son enior City Attorney
December 17,
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