PLNZAD2020-00793 - 1930 N 2200 WPLNZAD2020-00793 Page 1 of 3
November 9, 2020
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2020-00793
REQUEST:
A request from Stephen Francis of Sherwin Williams Co. for an administrative interpretation
regarding a use proposed within the building located at 1930 North 2200 West – which is
located in the M-1 Light Manufacturing district. The applicant intends to use the building on the
property “for the sale, distribution, display, and storage (in quantities acceptable to it) of paints,
thinners, varnishes, lacquers, solvents, coating, and kindred products; for tinting and
intermixing of paints and kindred materials; for a commercial store and general wholesale
business; and for such other uses as be necessary or incidental thereto including, but not limited
to, laboratory and office uses.”
DECISION:
The Zoning Administrator finds that the proposed use as described in the application material is
most similar to “retail sales”, “warehouse”, “wholesale distribution,” and “office” uses which are
all permitted uses in the M-1 Light Manufacturing district. The proposed use does not meet the
definition of “paint manufacturing” because the proposed facility will not be engaged in making
paint from raw materials.
FINDINGS:
The applicant’s proposed use can be broken down into four individual land use categories that
are listed in the Table of Permitted and Conditional Uses for Manufacturing Districts in section
21A.33.040 of the City’s zoning regulations:
• Retail Sales
• Warehouse
• Wholesale Distribution
• Office
All four of these uses are listed as permitted uses in the M-1 Light Manufacturing district. The
“tinting and intermixing of paints and kindred materials” does not meet the definition of “Paint
Manufacturing” since “tinting and intermixing” paints and related materials is not the same as
making paint from “raw or partially finished materials.” The “tinting and intermixing” does not
appear to be any different than the tinting and mixing that is typically allowed in hardware
stores and other paint retail shops.
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 “retail sales”, “warehouse”, “wholesale
distribution,” and “office” uses as defined in chapter 21A.62 of the zoning regulations. The
proposed use does not fit “Paint Manufacturing” as defined in the code since “tinting and
mixing” paints and related materials is not the same as making new paint from raw
materials as the definition states.
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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 uses that best match the proposed use are all permitted uses in the M-1
Light Manufacturing district. Paint Manufacturing is not permitted but does not match the
proposed use.
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 establish the proposed use wholly within the existing
building on the lot. There will be no site development involved with the proposed use.
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 uses may have some similarities to uses allowed in less
restrictive districts, they are substantially similar to uses that are permitted in the M-1
district. Therefore, they are permitted.
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: None of the uses as interpreted would 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 for the M-1 Light Manufacturing district is as follows
(21.28.020):
…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 proposed uses, as described by the applicant, are consistent with the purpose statement
above since the proposed uses will not have an “appreciable impact on adjacent properties,”
they will also “generate employment opportunities and promote economic development,”
and they are the “types of land uses that support and provide service to manufacturing and
industrial uses.”
If you have any questions regarding this interpretation please contact Aaron Barlow at 385-386-
2764 or by email at aaron.barlow@slcgov.com.
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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 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.
Aaron Barlow, AICP
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
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