PLNZAD2021-00221 - 5843 W Amelia Earhart
April 16, 2021
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2021-00221
REQUEST:
A request for an administrative interpretation regarding a proposed business located within the
M-1 (Light Manufacturing) zoning district. The proposed business, Nusano, Inc. is a life sciences
company that produces and distributes radioisotopes for medical purposes.
DECISION:
The Zoning Administrator finds that the proposed use is not associated with permitted uses in
the M-1 (Light Manufacturing) zoning district, rather the proposed use is similar to permitted
uses in the M-2 (Heavy Manufacturing) zoning district, specifically chemical manufacturing
and/or storage.
BACKGROUND:
Due to the lack of a specific land use that permits radioisotope manufacturing, the applicant
believes that the most similar use is considered a combination of the following uses:
• LABORATORY, MEDICAL, DENTAL, OPTICAL: A laboratory processing on or off-site
orders limited to medical testing and precision fabrication of dental/optical articles worn
by patients.
• LABORATORY, TESTING: A use engaged in determining the physical qualities of
construction, medical or manufactured materials. This use does not include research
laboratories engaged in scientific experimentation.
• LIGHT MANUFACTURING: The assembly, fabrication or processing of goods and
materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare,
or health or safety hazards outside of the building or lot where such assembly,
fabrication or processing takes place or where such processes are housed entirely within
a building. Light manufacturing generally includes processing and fabrication of finished
products, predominantly from previously prepared materials, and includes processes
which do not require extensive floor areas or land areas. The term “light manufacturing”
shall include uses such as electronic equipment production and printing plants. The
term “light manufacturing” shall not include any use which is otherwise listed
specifically in the table of permitted and conditional uses for the category of zoning
district or districts under this title.
Additionally, the use is described by the applicant as the following:
Nusano, Inc. is a life sciences company that will produce and distribute radioisotopes for
medical applications. Nusano will utilize Linear Accelerator (“Linac”) technology to
irradiate non-radioactive (“target”) materials to create radioisotopes that will be the
future of cancer diagnostics and therapy. Linac technology is commonly used, with over
2,300 in the United States, to drive radiation cancer therapy. Nusano will utilize this
same technology as the production engine for medical diagnostic and therapeutic
radioisotopes. Nusano’s final product(s) will be approved by the U.S. Food and Drug
Administration and shipped to radiopharmacies around the country for incorporation
into pharmaceuticals for patient use.
The facility will also house laboratories to extract and purify the radioactive material, as
well as infrastructure to maintain superior quality control, and sophisticated packaging
and shipping capabilities. The procedures for safe handling, processing of these
radioisotopes is well understood by regulatory bodies across the country. All work with
radioactive materials at the facility will be performed under strict monitoring and
control in full compliance with established federal and state regulations. Nusano’s
medical isotope production does not entail the use of a nuclear reaction utilizing
uranium-based nuclear material.
FINDINGS
While there isn’t a specific land use definition associated with radioisotope manufacturing, the
Zoning Administrator finds that the following defined use is most similar to the use of radio
isotope manufacturing.
CHEMICAL MANUFACTURING and/or STORAGE: A facility engaged in making and storing
chemical products from raw or partially finished materials.
In order to aid in this requested use interpretation, the Webster’s Collegiate Dictionary
definition of chemical, isotope and radioisotope are provided below:
Chemical: A substance obtained by a chemical process or producing a chemical effect.
Isotope: Any of two or more species of atoms of a chemical element with the same atomic
number and nearly identical chemical behavior but with differing atomic mass or
mass number and different physical properties.
Radioisotope: A radioactive isotope.
The proposal to produce and sell radioisotopes is most similar to chemical manufacturing
and/or storage, based on the provided definitions of chemical manufacturing and/or storage,
as well as chemical, isotope and radioisotope. Additionally, the indicated use provided by the
applicant does not fit the suggested definitions of laboratory, medical, dental, optical or
laboratory testing, based on the use of manufacturing radioisotopes for future medical use and
the associated chemical and radioactive waste.
The Salt Lake City Zoning Ordinance indicates that the defined use is permitted in the M-2
(Heavy Manufacturing) and not the M-1 (Light Manufacturing) zoning district.
Standards for Use Interpretation
Use interpretations are subject to the standards found in section 21A.12.050 of the Salt Lake
City Zoning Ordinance. The analysis of each standard is as follows:
A. Any use defined in Chapter 21A.62 of this title shall be interpreted as
defined;
Finding: The proposed use is most similar to chemical manufacturing and/or
storage, based on the provided definition from Chapter 21A.62 of the Salt Lake City
Zoning Ordinance, and the definition of chemical, isotope and radioisotope from
Webster Collegiate Dictionary.
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: The listed use that best match the proposed use is a permitted use in the M-2
(Heavy Manufacturing) zoning district.
C. No use interpretation shall allow a proposed use in a district unless
evidence is presented demonstrating that the proposed will comply with the
development standards established for that particular district;
Finding: It has been found that the proposed use as described meets the definition of
and chemical manufacturing and storage, which is not a permitted use in the M-1
zoning district. Therefore, the use may not be established in the M-1 zoning 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: While the proposed use may have some similarities to uses allowed in M-1
district, it is substantially similar to a listed and permitted use in the M-2 zoning district,
such as chemical manufacturing and/or storage. Therefore, this use is not permitted in
the M-1 (Light Manufacturing) zoning district.
E. If the proposed use is most similar to a conditional use authorized in the
district 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 21A.54 of this title; and
Finding: As described in Standard C, the most similar land use is chemical
manufacturing and/or storage. which is not a permitted use in the M-2 zoning district.
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 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 sues. 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 proposed use, as described by the applicant, is inconsistent with the purpose
statement. The proposed use is not appropriate in the M-1 (Light Manufacturing) zoning
district.
If you have any questions regarding this interpretation please contact Kelsey Lindquist at (385)
226-7227 or by email at kelsey.lindqusit@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
http://www.slcgov.com/planning/planning-applications along with information about the
applicable fee. Appeals may be filed in person or by mail at:
In Person:
Salt Lake City Corp
Planning Counter
451 S State Street, Room 215
Salt Lake City, UT
US Mail:
Salt Lake City Corp
Planning Counter
PO Box 145471
Salt Lake City, UT 84114-5417
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 16th day of April, 2021 in Salt Lake City, Utah.
Kelsey Lindquist
Senior Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
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