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HomeMy WebLinkAboutProposed Ordinance - 2/6/20251 SALT LAKE CITY ORDINANCE No. _____ of 2025 (Amending Title 21A of the Salt Lake City Code related to gas stations near water sources and sensitive lands) An ordinance amending the text of Title 21A of the Salt Lake City Code pertaining to gas stations near water sources and sensitive lands pursuant to Petition No. PLNPCM2023-00260. WHEREAS, on April 10, 2024, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on a petition submitted by Mayor Erin Mendenhall to amend Salt Lake City’s land use regulations pertaining to gas stations near water sources and sensitive lands (Petition No. PLNPCM2023-00260); and WHEREAS, at its April 10, 2024 meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council (“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 Section 21A.36.120. That Section 21A.36.120 of the Salt Lake City Code (Zoning: General Provisions) is amended as follows: 21A.36.120: REGULATIONS FOR GAS STATIONS AND FUEL DISPENSING FACILITIES WITH UNDERGROUND AND/OR ABOVE-GROUND FUELD STORAGE TANKS Gas Stations and Accessory Uses that have fuel tanks on-site, such as Truck Stops, Fuel Distributors, and Storage uses, as defined in Chapter 21A.62 of this title, shall be allowed in zoning districts provided in Chapter 21A.33 “Land Use Tables”, and are subject to the provisions of this section. Utility facilities, public safety uses, hospitals, and other similar uses that maintain fuel tanks for the purpose of storing fuel in order to provide emergency power are exempt from the provisions of this Section. 2 A. General Standards: 1. All fuel dispensers and fuel storage tanks (above or underground) shall comply with the requirements of this section and all other applicable regulations, including the applicable reference standards and any other applicable regulations of the State of Utah and Federal regulators. In case of conflicting provisions in any of the above- listed rules, the strictest restrictions shall apply. 2. Distance from water bodies: All underground and above-ground fuel storage tanks and gas vents shall be a minimum of 350 feet from any existing water bodies (pond, river, stream, canal, etc.), water resources, public parks or open space -that are one acre and greater in size. 3. Distance from property lines: All underground and above-ground fuel storage tanks and gas vents shall be a minimum of 30 feet from any property line. 4. Associated pump islands shall be a minimum of 25 feet from any property line and adjacent buildings. 5. Fuel vents: When a canopy is provided, gas vents shall be located at the top of the gas pump canopy. 6. New underground fuel storage tanks: All new and replacement fuel storage tanks put underground shall be constructed of non-corrodible material or designed to prevent the release or threatened release of any stored fuel to ensure greater durability and lifespan. 7. Leak or surface-runoff contamination: If contamination occurs, the property owner shall be accountable for any cleanup and remediation of the subject property, any City property, and any downstream water or soil contamination. 8. Nonconforming status: Fuel tanks and pumps that are unused or out of service for one year or more shall be considered willfully abandoned and will not be eligible for nonconforming status. The use shall not be restored unless it is restored to comply with the standards of this section and all other applicable sections in this title. B. Additional Standards for Gas Stations: 1. Minimum Lot size: 30,000 square feet. A gas station may be located on a lot with another principal use when the lot complies with the minimum lot size. For the purposes of this regulation, a lot shall include a site that consists of multiple lots or parcels within a single development when the parking lot and circulation elements are shared across the boundaries of the lots or parcels 2. Minimum Lot Frontage: 150 feet along all public streets. For sites described in 21A.36.120.C.1, the lot frontage shall be measured for all lots or parcels involved. 3. Stacking Lane Standards: These standards ensure adequate on-site maneuvering and circulation areas, ensure that stacking vehicles do not impede traffic on abutting 3 streets, and that stacking lanes will not have nuisance impacts on abutting residential lots. a. Stacking lanes shall be arranged to avoid conflicts with site access points, access to parking or loading spaces, and internal circulation routes to the maximum extent practicable. b. A minimum of 36 feet of stacking lane is required between a curb cut and the nearest gasoline pump. 4. Fuel Pump Standards: a. Fuel pumps shall be located on the site in a manner that does not interfere with easy access into or egress from the site at established driveway entrances. b. Fuel Pumps shall be located and oriented so all cars in line for motor fuel can be accommodated on-site and not block the sidewalk, the street, or any other portion of the public right of way. 5. Electric Vehicle Parking: Gas stations shall provide at least one (1) parking space dedicated to electric vehicles for every ten (10) required on-site parking spaces. Electric vehicle parking spaces shall count toward the minimum required number of parking spaces. The electric vehicle parking space shall be: a. Located in the same lot as the principal use. b. Signed clearly and conspicuously, such as special pavement marking or signage, indicating exclusive availability to electric vehicles; and c. Outfitted with a standard electric vehicle charging station. C. Additional Standards for Fuel Dispensing Facilities: 1. Above-ground fuel storage tanks shall: a. Provide a 25-foot clear radius from combustible materials, storage areas, parking/backing areas, and all buildings on the same lot. b. Have a maximum height of 20 feet from the finished grade. 2. An obscuring sight fence of six feet in height shall be required surrounding the fuel storage tanks and associated vehicle fueling areas. All required fencing shall be prewoven chain-link with slats, wood, brick, tilt-up concrete, masonry block, stone, metal, composite/recycled materials, or other manufactured materials or combination of materials commonly used for fencing. In addition, the fenced area must be paved with a nonpermeable surface. D. Upgrades to Nonconforming Gas Stations and Fuel Dispensing Facilities: 4 1. Replacing and Updating Tanks and Associated Equipment: An existing gas station may replace existing tanks and associated equipment in substantially the same location without having to comply with the provisions of this section. 2. Reconstruction: Existing gas stations that are noncomplying as to lot area, lot frontage, or tank setbacks may be demolished and reconstructed, provided the reconstructed use complies with the other applicable regulations of this section and the tank location is substantially the same. 3. The zoning administrator may modify the location of the fuel tanks and associated equipment if federal or state requirements or other legal requirements prevent locating the replacement tanks in a substantially similar location. 4. The zoning administrator may approve an alternate location for fuel tanks and associated equipment if the applicant can demonstrate that a more efficient and safe location is more appropriate. SECTION 2. Amending the text of Section 21A.40.070. That Section 21A.36.120 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Motor Fuel Pump Regulations) is amended as follows: 21A.40.070: RESERVED SECTION 3. Amends the text of Section 21A.62.040. That Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms) is amended so as to modify the definition of “Gas Station” and create a new definition of “Fuel Dispensing Facility” only, with no other changes to the section, as follows: A. The definition of “GAS STATION” is amended as follows: GAS STATION: A principal building site and structures for selling and dispensing motor fuels or other petroleum products. B. Adding a new definition “FUEL DISPENSING FACILTY” as follows (to be inserted alphabetically into the list of definitions in said section): 5 FUEL DISPENSING FACILITY: A stationary facility consisting of one or more fuel storage tanks and associated equipment, which receive, store, and dispense fuel for private use and not for sale to the public. SECTION 4. 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 ______ day of ______________, 2025. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2025. Published: ______________. Ordinance amending gas station standards (final) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: ___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney February 5, 2025