PLNZAD2021-00293 - 914 & 916 S JeffersonApril 14, 2021
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2021-00293
REQUEST:
A request for an administrative interpretation for a proposed use of a specialty bar that
produces hard cider for onsite consumption and sales. The request involves confirmation on
whether the proposed use would be permitted in the FB-UN2 (Form Based Urban
Neighborhood) zoning district. The applicant has indicated a desired location of 914-916 S.
Jefferson Street, which is located in the FB-UN2 zoning district, and abuts FB-UN2 to the north,
south, east and west.
DECISION:
The Zoning Administrator finds that the proposed use of “specialty bar” is most similar to the
defined use of ALCOHOL, BREWPUB, which is a permitted use in the FB-UN2 (Form Based
Urban Neighborhood) zoning district.
FINDINGS:
As provided by the applicant, the proposed use includes the following:
• A facility that produces hard cider
• The facility would produce less than 200 barrels of hard cider annually
• Onsite sales and consumption of the produced hard cider
• Food sales for onsite consumption
The Salt Lake City Zoning Ordinance, Chapter 21A.62, defines ALCOHOL, WINERY and
ALCOHOL, BREWPUB as the following:
ALCOHOL, WINERY: A business establishment that manufactures alcoholic beverages
from the fermented juice of grapes, fruits, or other liquid bearing plants for off premises
consumption, not to include those alcoholic beverages produced in a brewery or
distillery.
ALCOHOL, BREWPUB: A restaurant type establishment that also contains a small
brewery, where the product is brewed primarily for sale in the associated restaurant.
Brewpubs may package their product in kegs, bottles or cans for on site or off-site
distribution. The alcohol to food sales revenue ratio for a brewpub shall comply with the
requirements of chapter 6 (Specific Retail License Act) of title 32B (Utah Alcoholic
Beverage Control Act) of the Utah Code, or its successor.
The provided definition of winery focuses on the establishment of a manufacturing use of
fermented juice for off-site consumption. Due to the provided information from the applicant
and provided definitions, the proposed use is more similar to a brewpub, due to the on-site
consumption, associated food sales and low production volume of the hard cider. The Land Use
Table for the Form Based Districts, found in 21A.33.080 of the Salt Lake City Zoning Ordinance,
indicates Alcohol, Brewpub as a permitted use and Alcohol, Winery as a prohibited use.
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 an ALCOHOL, BREWPUB, as defined in
chapter 21A.62 of the Salt Lake City Zoning Ordinance. The use differs from the defined
use of ALCOHOL, WINERY, due to the on-site consumption, associated food sales and
low volume production of the hard cider. The proposed use is most similar to an
ALCOHOL, BREWPUB but for the sale and consumption of hard cider.
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 use that best matches the proposed use is listed as a permitted use in the
Table of Permitted and Conditional Uses in the Form Based Districts (21A.33.080).
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: The applicant proposes to comply with all development standards applicable
to the FB-UN2 (Form Based Urban Neighborhood) 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: The proposed use is substantially similar to the permitted ALCOHOL,
BREWPUB use. This is due to the on-site consumption of the hard cider product,
associated food sales and low volume production of the hard cider. The use differs from
the defined use of ALCOHOL, WINERY, due the stipulation of off-site consumption of
the product and associated high volume production.
ALCOHOL, BREWPUB is a permitted use in the FB-UN2 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: The use as interpreted would not require conditional use approval.
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 statement: The purpose of the form based districts is to create
urban neighborhoods that provide the following:
1. People oriented places;
2. Options for housing types;
3. Options in terms of shopping, dining, and fulfilling daily needs within
walking distance or conveniently located near mass transit;
4. Transportation options;
5. Access to employment opportunities within walking distance or close to
mass transit;
6. Appropriately scaled buildings that respect the existing character of the
neighborhood;
7. Safe, accessible, and interconnected networks for people to move around
in; and
8. Increased desirability as a place to work, live, play, and invest through
higher quality form and design.
The proposed use, as described by the applicant, is consistent with the purpose
statement above since the proposed uses will provide “options in terms of shopping,
dining, and fulfilling daily needs within walking distance or conveniently located near
mass transit.”
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 14th 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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