HomeMy WebLinkAboutPLNZAD2025-00074 - 1167 E South TempleMarch 12, 2025
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2025-00074
REQUEST:
This is a request for an administrative interpretation regarding a proposed home occupation
located at 1167 E South Temple (Tax ID# 09-32-484-003-0000). The parcel is located in the
SR-1A Special Development Pattern zoning district. The applicant wants an interpretation
regarding number of visitors and whether standard 13 of 21A.36.030.G applies to his proposed
home occupation.
DECISION:
The Zoning Administrator finds that all of the standards in 21A.36.030.G apply to the proposed
home occupation, including standard 13. The zoning ordinance does not allow for modification
or waiving of the standards for this type of home occupation.
FINDINGS:
The applicant is requesting a business license to operate a home occupation that would teach
wellness and fitness to a small group of visitors at the home. Pursuant to the Salt Lake City land
use tables (Section 21A.33 of the Salt Lake City Code), home occupations are permitted in the
SR-1A zoning district. A home occupation is defined in 21A.62.040 as:
HOME OCCUPATION: A business, profession, occupation, or trade conducted for gain
or support and located and conducted within a dwelling unit subject to the regulations
set forth in Section 21A.36.030 of this title.
A home occupation must comply with the standards listed in the applicable sections. However,
the applicant claims that 21A.36.030.G.13 does not apply because his property is atypical for a
residential block and the proposed use complies with the purpose of a home occupation. The
standard at question reads as follow:
13. Any home occupation requiring client(s) visitation shall not occur at a frequency of
greater than two clients per hour, and no more than one client may be served at one
time and not more than one place of vehicular parking shall be occupied by a client at
any time. Client(s) shall include one or more person(s) with a unified interest in visiting
the home occupation at one specific time;
The applicant states that his house is atypical for a residential neighborhood because the block
only has 2 houses on it while the rest consists of a school. Additionally, the applicant provided
evidence that the neighbors expressed no concerns with the proposed home occupation, and
that there is adequate parking in the neighborhood to address use impacts. The applicant
believes that the proposed home occupation meets the purpose statement and thus, the
limitation on the number of visitors should be waived.
The purpose of a home occupation is stated in 21A.36.030.A:
Purpose: This section establishes regulations for home occupations within all dwellings
to ensure they are compatible with any surrounding residential land uses and do not
negatively impact the surrounding neighborhood. Home occupations are intended to
promote local and sustainable economic growth and development.
The purpose statement presents the overarching goal of the use, which is supported by the
provisions of the section. According to 21A.36.030.G, the general standards shall apply to all
home occupations other than home daycares:
Home daycares are exempt from the following standards and shall be subject to the
standards in Subsection 21A.36.030.H. All other home occupations shall comply
with the following standards:
This subsection does not provide any other exemptions for the standards that follow, including
standard 13 at question. Pursuant to 21A.12.010, administrative interpretations are “intended
only to allow authoritative application of the provisions of this title to specific cases. It is not
intended to add to or change the essential content of this title.”While the applicant has
interpreted the standard by adding a portion of the purpose statement to it, this addition
changes the content of the provision and goes beyond the allowed interpretation authority. This
addition would be a legislative matter and could only be considered as a zoning text amendment
needing City Council adoption of the new language.
The Zoning Administrator finds that all the standards in 21A.36.030 apply to the proposed
home occupation. The applicant’s arguments pertaining to character of the district, consent
from the neighbors, and adequate parking are not applicable as these are not standards against
which a home occupation can be approved or denied. The variance standards listed are also not
applicable, as those are only applicable to a variance request.
If you have any questions regarding this interpretation, please contact Jason Berntson at (801)
535-6247 or by email at jason.berntson@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
https://www.slc.gov/planning/applications/along with information about how to apply and
processing fees.
Jason Berntson
Associate Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Posted to Web
Jason Berntson