HomeMy WebLinkAboutPLNZAD2026-00104 - 6792 W 150 SouthMarch 4, 2026
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2026-00104
REQUEST
A request by representatives of Copper Crossing Land Company, LLC, for an administrative
interpretation regarding a proposed use on property in the M-1 (Light Manufacturing) District at
approximately 6792 W 150 S (Tax ID# 14-03-200-004-0000). A determination is sought because
the applicant is proposing a land use for a battery energy storage system (“BESS”), which will
store and release electrical power to support the power demands of Rocky Mountain Power’s
(RMP) transmission grid. A “battery energy storage system” use is not specifically defined in
Chapter 21A.62.040 of the zoning ordinance. The applicant believes the use should be considered
“Utility, Building or Structure,” which is a permitted use in the M-1 District.
DECISION
The Zoning Administrator finds that the proposed use as presented in the submitted request is
considered “Utility, Building or Structure” as defined in Chapter 21A.62.040 of the Salt Lake City
Zoning Ordinance. As such, it is a permitted use in the M-1 zoning district and is allowed at the
proposed location. This interpretation is specific to the proposed use as it relates to the Salt Lake
City Zoning Ordinance. Additional requirements associated with the use may be required by City
divisions.
FINDINGS
The applicant proposes a battery energy storage system (“BESS”) facility that will include multiple
battery enclosure structures, each containing racks with batteries and associated equipment. The
applicant describes the proposed BESS facility as “will store excess electricity until electricity
needs throughout the surrounding region exceed current electrical supply, at which point the
BESS facility will provide the stored electrical power. The BESS facility will be ancillary to the
Terminal Substation located 2.5 miles east of the BESS facility property and will support the
power demands of the larger transmission grid”.
Staff identified two possible land uses that might fit the proposed use operations: “Utility,
Building or Structure” and “Utility, Electric Generation Facility.” The zoning ordinance defines
the uses as follows:
UTILITY, BUILDING OR STRUCTURE: A building or structure needed to provide
distribution, transmittal and maintenance of public utility services for water, sewer and
flood control including wells, pumping stations, reservoirs, water treatment plant,
water storage tanks, detention basins, lift stations, regulators and other similar facilities
unless exempted in section 21A.02.050 of this title.
UTILITY, ELECTRIC GENERATION FACILITY: An electric generating facility that uses
natural gas, coal, solar energy, steam, wind or other means to produce electricity for
exclusive delivery to the local or regional high voltage electric transmission grid.
The Zoning Administrator finds that the use described in PLNZAD2026-00104 is most similar to
and consistent with the “Utility, Building or Structure” land use definition. The proposed use
stores electricity that was generated (“produced”) off-site and then releases the stored energy
when needed by the grid. Storing and releasing energy for use as part of Rocky Mountain Power’s
transmission grid (a public utility) fits the description of providing “distribution, transmittal, and
maintenance of public utility services,” consistent with the definition of “Utility, Building or
Structure.” “Utility, Building or Structure” is a permitted use in the M-1 (Light Manufacturing)
District.
Standards for Use Interpretation:
Any use interpretation is subject to the following standards:
A. Any use defined in chapter 21.A.62 of this title, shall be interpreted as defined;
Finding: Battery energy storage system is not specifically defined in the zoning
ordinance. “Utility, Building or Structure” is defined in the zoning ordinance.
B. Any use specifically listed without a "P" or "C" designated in the table of permitted and
conditional uses for a district shall not be allowed in that zoning district;
Finding: “Utility, Building or Structure” is specifically listed in the table of permitted and
conditional uses within the M-1 zoning district as a permitted use (P).
C. No use interpretation shall allow a proposed use in a district unless evidence is presented
demonstrating that the proposed use will comply with the development standards
established for that particular district;
Finding: The proposed use will be required to comply with the development standards
of the M-1 zoning district, the Airport Flight Path Overlay (Zone C) District, and the Inland
Port Overlay District.
D. No use interpretation shall allow any use in a particular district unless such use is
substantially similar to the uses allowed in that district and is more similar to such uses
than to uses allowed in a less restrictive district;
Finding: As noted in the discussion above, the “battery energy storage system” use is
most similar to “Utility, Building or Structure”, which is a permitted use in the M-1 zoning
district. There are no uses listed in the less restrictive M-1 zoning district that it is more
similar to.
E. If the proposed use is most similar to a conditional use authorized in the district in which
it is proposed to be located, any use interpretation allowing such use shall require that it
may be approved only as a conditional use pursuant to chapter 21.A.54 of this title;
Finding: The most similar use, “Utility, Building or Structure,” is a permitted use in the
M-1 zoning district. Therefore, this standard is not applicable.
F. No use interpretation shall permit the establishment of any use that would be
inconsistent with the statement of purpose of that zoning district.
Finding: The stated purpose of the M-1 zoning district is as follows:
The purpose of the M-1 Light Manufacturing District is to provide an
environment for light industrial uses that produce no appreciable impact on
adjacent properties, that desire a clean attractive industrial setting, and that
protects nearby sensitive lands and waterways. This zone is appropriate in
locations that are supported by the applicable Master Plan policies adopted by
the City. This district is intended to provide areas in the City that generate
employment opportunities and to promote economic development. The uses
include other types of land uses that support and provide service to
manufacturing and industrial uses. Safe, convenient and inviting connections
that provide access to businesses from public sidewalks, bike paths and streets
are necessary and to be provided in an equal way. Certain land uses are
prohibited in order to preserve land for manufacturing uses and to promote the
importance of nearby environmentally sensitive lands.
The use of a “Battery energy storage system” is consistent with the purpose statement of
the M-1 zone. The proposed use is not expected to produce noise, odors, or environmental
impacts, such as chemical emissions, that would have an appreciable impact on adjacent
industrial properties. The use will help support and provide utility services to
manufacturing and industrial uses.
If you have any questions regarding this interpretation, please contact Seth Rios at (801) 535-
7758 or by email at seth.rios@slc.gov.
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.
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.
Seth Rios
Principal Planner
CC: Nick Norris, Planning Director
Daniel Echeverria, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Posted to Web
Attachments:
• Applicant’s Addendum to Administrative Interpretation
ADDENDUM TO ADMINISTRATIVE INTERPRETATION
Nightjar Energy Storage, LLC (“Applicant”), a subsidiary of Tenaska, respectfully submits this
addendum (“Addendum”) for an Administrative Interpretation (the “Application”). Applicant is
the lessee to the Lease Agreement dated April 29, 2024, with Copper Crossing Land Company,
LLC to lease property located at approximately 6780 West 150 South, Salt Lake City (the
“Property”), as further described in Section 7 below. The Property is located within the Light
Manufacturing District (M-1) and Inland Port Overlay (IP) District, and is depicted on the attached
Exhibit A.
1. Provision(s) of Code for Which Interpretation is Sought
Applicant seeks an interpretation as to whether the “Utility, Building or Structure” use
classification, which is a permitted use within the M -1 District, is consistent with Applicant’s
proposed use of the Property, as more fully described in this Addendum. See City Code of Salt
Lake City, Utah § 21A.33.040 (City Code of Salt Lake City, Utah §§ 21A.02.10. et seq. is referred
to herein as the “Zoning Code”).
This request is nearly identical to a request previously submitted by Dominguez Grid, LLC
(PLNZAD2023-01004) in December 2023 (“Dominguez Request”). The property that was the
subject of the Dominguez Request is located on the same street and in the same zone as the
Property. There, the City’s zoning administrator determined that a battery energy storage system
(“BESS”) was considered a “Utility, Building or Structure” and was a permitted use in the M -1
zone. A copy of that decision is attached hereto as Exhibit B. Planning staff should reach the same
conclusion here.
2. Facts Giving Rise to the Request for Interpretation
Applicant is a subsidiary of Tenaska, which is a developer, owner and operator of utility -scale
energy storage systems and related equipment and facilities, as well as utility scale solar and wind
energy systems and related equipment and facilities.
Applicant intends to build, own, operate, and maintain a utility-scale BESS facility that will
interconnect to the 345kv Terminal Substation, which is located approximately 2.5 miles east of
the Property. The BESS facility will store excess electricity until electricity needs throughout the
surrounding region exceed current electrical supply, at which point the BESS facility will provide
the stored electrical power. The BESS facility supports the power demands of the larger
transmission grid.
The BESS facility consists of many small housing units permanently affixed to the Property, each
consisting of one or more battery racks. The battery enclosures will be non -occupiable structures
where all contents can be accessed from outside the enclosure. Enclosures will only include
batteries and associated protection and control equipment that include built -in fail safes designed
specifically to prevent thermal runaway propagation. The containers will be placed on either
compacted ground and gravel base, steel piles, or concrete pads, depending on engineering and
manufacturer requirements.
Applicant is requesting an Administrative Interpretation to confirm that its proposed use of the
Property for a BESS is consistent with the definition of “Utility, Building or Structure” in the
Zoning Code and, therefore, a permitted use within the M-1 District and of the Property.
3. Standards for Review
Zoning Code § 21A.12.050 provides the following standards that the zoning administrator must
consider to determine whether a proposed use is allowed in a particular zoning district:
(1) any use defined in Chapter 21A.62 of the Zoning Code shall be interpreted as defined.
Application: As detailed in this Addendum, Applicant’s proposed use interpretation of
Utility, Building or Structure is based on the definitions set forth in the Zoning Code.
(2) any use specifically listed without a “P” or “C” designated in the table of permitted
and conditional uses for a district shall not be allowed in that zoning district;
Application: Utility, Building or Structures are permitted in the M-1 District.
(3) no use interpretation shall allow a proposed use in a district unless evidence is
presented demonstrating that the proposed use will comply with the development standards
established for that particular district;
Application: As set forth in this Addendum, Applicant’s use interpretation will comply
with the objectives of both the M-1 District, along with the development standards and
other requirements of the M-1 District and all other applicable Zoning Code
requirements.
(4) no use interpretation shall allow any use in a particular district unless such use is
substantially similar to the uses allowed in that district and is more similar to such uses than to
uses allowed in a less restrictive district;
Application: As discussed in this Addendum, Applicant’s proposed use of the Property
to develop the BESS facility is substantially similar to utility buildings, including the
Terminal Substation and the BESS described in the Dominguez Request, as it is
integrated system supporting the transmission grid and will store and release
electrical energy by means of a facility affixed to the ground.
(5) if the proposed use is most similar to a conditional use authorized in the district in
which it is proposed to be located, any use interpretation allowing such use shall require that it
may be approved only as a conditional use;
Application: The proposed use is most similar to a permitted use, being “Utility,
Building or Structure” in the M-1 District, as it is a facility affixed to the ground to
store energy. Applicant also analyzed whether the BESS facility could be considered
a Utility, Electric Generation Facility, which is defined as “an electric generating
facility that uses natural gas, coal, solar energy, steam, wind or other means to
produce electricity for exclusive delivery to the local or regional high voltage electric
transmission grid.” The primary distinction between the Project and a Utility, Electric
Generation Facility is the production of electricity. The BESS facility does not produce
electricity, rather it stores electricity generated elsewhere. The stored electricity is
then released as part of utility’s efforts to balance load and demand across its larger
transmission grid. Accordingly, the BESS facility is more similar to a substation in
that the BESS facility consists of structures that support the transmission and
distribution of electricity across the transmission grid.
(6) no use interpretation shall permit the establishment of any use that would be
inconsistent with the statement of purpose of that zoning district.
Application: As described above, Applicant’s use interpretation is consistent with the
statement of purpose for the M-1 District. The Project would provide electricity to
existing and future businesses in the M-1 District.
4. Interpretation and Statement
The Zoning Code’s “Utility, Building or Structure” definition encompasses the Applicant’s
proposed BESS facility, and thus the BESS facility is a permitted use. A “Utility, Building or
Structure” is defined as a “building or structure needed to provide distribution, transmittal and
maintenance of public utility services for water, sewer and flood control including wells, pumping
stations, reservoirs, water treatment plant, water storage tanks, detention basins, li ft stations,
regulators and other similar facilities….” See Zoning Code § 21A.62.040.
The Zoning Code does not define the term “public utility”. In 2020, however, the City’s zoning
administrator was asked to determine whether an electrical substation was a “public utility” and
thus a “Utility, Building or Structure”. See Administrative Interpretation Decision and Findings
PLNZAD2020-00550 dated July 29, 2020. There, the zoning administrator turned to Webster’s
Collegiate Dictionary, and concluded that a. “public utility” is:
(1) : a service (such as light, power, or water) provided by a public utility;
(2) : equipment or a piece of equipment to provide such service or a comparable service.
Based on this definition, the zoning administrator concluded that the substation was a “public
utility” because it was equipment that provides power. The zoning administrator further found that
the substation met the “building and structure” portion of the definition, because “structure” is
defined in the Zoning Code as “anything constructed or erected with a fixed location on the ground
or in/over the water bodies in the city…”, and a substation is fixed to the ground. The zoning
administrator ultimately concluded the substation was a structure that provides distribution and
transmission of public utility services, and thus fits within the definition of “Utility, Building or
Structure”.
Here, the BESS facility, like a substation, is a piece of equipment that facilitates the distribution
and transmission of electricity. The BESS facility, like a substation, is a structure because it is
constructed with a fixed location on the ground. The zoning administrator should conclude that
this BESS, like the BESS in PLNZAD2023-01004 or substation in PLNZAD2020-00550, qualifies
as a “Utility, Building or Structure”.
5. Evidence, Documents, Statements Demonstrating the Proposed Use Will Comply
with All Use Limitations for the District
The M-1 District’s purpose is to “provide an environment for light industrial uses that produce no
appreciable impact on adjacent properties, that desire a clean attractive industrial setting, and that
protects nearby sensitive lands and waterways. This zone is appropriate in locations that are
supported by the applicable Master Plan policies adopted by the City. This district is intended to
provide areas in the City that generate employment opportunities and to promote economic
development. The uses include other types of land uses that support and provide service to
manufacturing and industrial uses.” See Zoning Code § 21A.28.020A.
The Applicant’s proposed BESS facility aligns with and advances the M-1 District’s objectives.
This industrial use generates minimal impacts on neighboring properties while representing a
substantial capital investment that promotes economic development within the M -1 District. Since
the zoning administrator has already determined that substations and BESS facilities align with the
M-1 District’s purposes, this related facility similarly supports the district’s goals.
The Applicant commits to meeting all development standards and requirements from the M -1
District, and Inland Port Overlay district that govern the proposed use of the Property.
EXHIBIT A