HomeMy WebLinkAboutPLNZAD2019-01136 - 753 E 2100 SCASE# PLNZAD2019-01136
Administrative Interpretation
DECISION AND FINDINGS
REQUEST:
This is a request for an administrative interpretation regarding the expansion of a nonconforming
restaurant with a drive -through facility located at 753 East 2100 South (subject property). The
subject property is located within the FB-SE (Form Based Special Purpose Corridor Edge Sub-
district Boulevard). Restaurants are permitted uses in this zoning district; however, restaurants
with drive -through facilities are prohibited. The following interpretation has been requested:
1. Section 21A.38.040.H.2 of the Salt Lake City Zoning Ordinance states that a
nonconforming use can be expanded through the Special Exception process if the floor
area of the nonconforming use does not increase by more than 25% or 1,000 square feet,
whichever is less. The use of the subject property is a restaurant with a drive -through
facility. Is the entire building restricted to 25% (or 1,000 square feet), or does the
restriction only pertain to the portions of the building that service the drive -through
facility.
DECISION:
The Zoning Administrator has made the following decisions pursuant to the findings below.
i. The restaurant and the associated drive -through facility can be considered two separate
functions when determining the modifications that would be allowed per the
nonconforming use regulations in the Salt Lake City Zoning Ordinance. Restaurants are
an allowed use in the zoning district; therefore, improvements to the building associated
only with the restaurant use are not limited per the nonconforming use regulations. Drive -
through facilities are not an allowed use in the zone. Therefore, improvements associated
with the drive -through use, such as: the kitchen, prep and work area are limited to 25% of
the gross floor area or 1,000 square feet (whichever is less) and must be reviewed through
the Special Exception process.
FINDINGS:
The use of the building on the subject property is a restaurant with a drive -through facility. A
restaurant with a drive -through is not an allowed use in the zoning district (FB-SE), but a
restaurant alone is a permitted use.
The Zoning Administrator finds that the two uses, "restaurant" and "drive -through facility" can
be considered as separate functions or uses when determining allowable modifications to the
building based on the following:
• Restaurant is shown as a permitted use in the FB-SE Table of Permitted and Conditional
Uses for Form Based Districts (21A.33.080, Salt Lake City Zoning Ordinance);
• Restaurant with a drive -through facility is not listed as a use in this table, whereas in other
land use tables in the Zoning Ordinance it is listed as a use. Therefore, a drive -through
associated with a restaurant is not allowed in the Form Based zoning districts;
• Section 21A.40.060.B.2 of the Zoning Ordinance states, "Drive -through facilities may be
authorized as accessory uses to permitted uses or conditional uses as listed on the tables
of permitted and conditional uses set forth in part III of this title" (Emphasis added). This
implies that, even though "Restaurant with drive -through facility" is listed as a specific
land use in the land use tables, the drive through facility is a separate use/function because
it is defined as an accessory use in the Accessory Use chapter of the Zoning Ordinance.
Therefore, the restaurant and the drive -through facility can be considered as separate
uses/functions for the purpose of determining the allowable improvement to the subject
property.
The proposed expansion can be reviewed as a Special Exception because the nonconforming use
portion of the building, which is all areas of the building associated with the drive -through, is not
increasing by more than 25% or i,000 square feet. The applicant provided 2,184 square feet as
the estimated square footage associated with the drive -through use. This portion, once
determined to be accurate, is the specific square footage limited to either 25% or 1,000 square
(whichever is less). The regulations and review process for a Special Exception can be found in
Chapter 21A.52 of the Salt Lake City Zoning Ordinance.
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 (io) 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
hUp://www.slceov.com/nlannine/nlannine-applications along with information about the
applicable fee. Appeals may be filed in person at the Planning Counter, 451 South State Street,
Room 215 or by mail at Planning Counter PO BOX 145471, Salt Lake City, UT 84114-5471•
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.
Dated this 11th day of December, 2019 in Salt Lake City, Utah.
Kelsey Lindquist
Senior Planner C
Salt Lake City Planning Division
CC: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Wayne Mills, Planning Manager
Greg Mikolash, Development Review Supervisor
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