PLNZAD2020-00682 - 764 S 200 WOctober 5, 2020
CASE# PLNZAD2020-00682
Administrative Interpretation
DECISION AND FINDINGS
REQUEST:
The applicant is requesting an Administrative Interpretation to determine whether a partial
mezzanine located between the first and second story of a proposed building would be considered
a story by the Salt Lake City Zoning Ordinance. The purpose of this request is to determine if the
building permit submittal for a new multi-family building located at 764 S. 200 W. complies with
section 21A.27.050.C FB-UN2 BUILDING FORM STANDARDS of the Salt Lake City Zoning
Ordinance.
DECISION:
The Zoning Administrator finds that the partial mezzanine between the first and second story is
not considered a story and does not count towards the FB -UN2 height limitation of 5-stories with
a maximum of 65 feet.
FINDINGS:
The Salt Lake City Zoning Ordinance Section 21A.62: DEFINITIONS does not include a definition
for the term mezzanine . Section 21A.62.010 of the Zoning Ordinance states:
For the purposes of this title, certain terms and words are defined and are used in this
title in that defined context. Any words in this title not defined in this chapter shall be
defined in “Webster’s Collegiate Dictionary.”
Merriam-Webster’s Collegiate Dictionary 11th Edition provides the following definition related to
“mezzanine:”
Mezzanine: 1. A low -ceilinged story between two main stories of a building
Especially: an intermediate story that projects in the form of a balcony
2. a: The lowest balcony in a theater
b: the fist few rows of such balcony
The Salt Lake City Zoning Ordinance does provide the following definitions in City Co de section
21A.62.040 Definitions of Terms in relation to the requested administrative interpretation
regarding mezzanines:
STORY (FLOOR): The vertical distance between the finished floor of one level and the
finished floor of the level above or below.
FLOOR AREA, GROSS: “Gross floor area” (for determining size of establishment) means
the sum of the gross horizontal area of all floors of the building measured from the exterior
face of the exterior walls or from the centerline of walls separating two (2) buildings. The
floor area of a building shall include basement floor area, penthouses, attic space having
headroom of seven feet (7’) o r more, interior balconies and mezzanines, enclosed porches,
and floor area devoted to accessory uses. Space devoted to open air off street parking or
loading shall not be included in floor area.
Since the Merriam-Webster’s Collegiate Dictionary definition of mezzanine refers to a “low ceiling
story between two main stories of a building, it can be interpreted that a mezzanine level is not a
main story and thus does not count towards the limited number of stories permitted in the FB-
UN2 zoning district (emphasis added). In addition to a mezzanine not being considered a main
story, the proposed mezzanine level is located on the interior of the ground floor of units, between
the first and second main stories of the proposed structure. The proposed building wi ll function
and appear as a five-story structure. In summary, an interior mezzanine is not considered to be a
story by 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 (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 at the Planning Counter, 451 South State Street,
Room 215 or by mail at Planning Counte r 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 l imited to, a zoning
certificate, a building permit, and a certificate of occupancy, subdivision approval, and a site plan
approval.
Dated this 5th day of October, 2020 in Salt Lake City, Utah.
Kelsey Lindquist
Senior Planner
Salt Lake City Planning Division
CC: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Wayne Mills, Planning Manager
Greg Mikolash, Development Review Supervisor
Posted to Web
Applicable Recognized Organization