PLNZAD2019-00074 - 8328 & 8750 W North TempleFebruary 21, 2019
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2019-00074
REQUEST:
A request for an administrative interpretation regarding a proposed solar array located on two (2)
properties at approximately 8750 W. North Temple and 8328 W. North Temple Street. The
subject properties are located in the AG (Agricultural) zoning district and are also located within
the following overlay districts:
Northwest Quadrant Overlay District – Natural Area
Lowland Conservancy Overlay District
Partially within Flood Zone A
This request involves confirmation on whether the proposed solar array would be permitted in
the AG (Agricultural) zoning district and within the Northwest Quadrant Overlay District –
Natural Area in which the property is located.
DECISION:
The Zoning Administrator finds that the proposed use for a solar array would not be an allowed
use on the subject properties based on the standards for use interpretations noted below and that
the proposed solar array is a use not specifically allowed in the Northwest Quadrant Overlay
District – Natural Area.
Chapter 21A.12.050 – Standards for Use Interpretations
A. Any use defined in Chapter 21A.62 of this title, shall be interpreted as defined;
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;
1. There is a specific definition for “Solar Array” in the Zoning Ordinance per 21A.12.050.A.
As such, the proposed structure could not be considered a “Utility Building or Structure”,
which has a separate definition in the Zoning Ordinance.
2. A “Solar array” is not listed as a Permitted or Conditional use within the Northwest
Quadrant Overlay District Natural Area.
3. While a solar array is listed as a Permitted Use in the AG – Agricultural district, the
overlay district provisions would supersede those of the base AG zone. Per Chapter
21A.34.010 – Overlay Districts – General Provisions – “Whenever there is a conflict
between the regulations of a base zoning district and those of an overlay district, the
overlay district regulations shall control.”
FINDINGS:
As described by the applicant, the proposed use includes the following:
The owner of the property is looking at the possibility of entering into an agreement with
Rocky Mountain Power to build a solar array for the purposes of providing renewable
energy to the “public” in the Northwest Quadrant.
PLNZAD2019-00074 – Administrative Interpretation 2
A proposed location for the solar array would be located in the Northwest Quadrant
Overlay District with the “natural area”. See attached exhibit. Per Section D of the above
mentioned Ordinance (reference 21A.34.140.D1) the purpose of this area (Northwest
Quadrant Natural Area) is to protect sensitive lands and wildlife near the Great Salt Lake
shore lands, to allow for the continuation of existing uses, and to limit new uses and new
development in this area. The proposed possible location takes into account the
protections of wildlife near the Great Salt Lake shore lands as this location is directly
adjacent to I-80 to the south and adjacent to future developable ground to the east and
the north. The impact of a solar array to the existing ground is also anticipated to be
minimal.
The Salt Lake City Zoning Ordinance, Chapter 21A.62, defines the following
uses:
SOLAR ARRAY: A packaged interconnected assembly of solar cells used to transform
solar energy into thermal, chemical, or electrical energy. A solar array uses solar
energy for any or all of the following purposes: a) water heating, b) space heating or
cooling, and c) power generation.
UTILITY, BUILDING OR STRUCTURE: A building or structure used in
conjunction with the provision of public or private utilities.
The Salt Lake City Zoning Ordinance addresses the proposed use of a “Solar Array” in the
following manner in regard to the AG (Agricultural) zoning district and respective Overlay
Districts:
21A.33.070 AG AGRICULTURAL DISTRICT:
A “Solar Array” is listed as a Permitted Use in the district with the following qualifier:
25. Prior to issuance of a building permit in the Development Area and the Eco-
Industrial Buffer Area of the Northwest Quadrant Overlay, consultation with the Utah
Division of Wildlife Resources is required to obtain recommendations on siting and
equipment types for all solar arrays on a particular property to mitigate impacts to
wildlife.
21A.34.140: NORTHWEST QUADRANT OVERLAY DISTRICT:
D. Northwest Quadrant Natural Area: The purpose of this area of the Northwest
Quadrant Overlay District is to protect sensitive lands and wildlife near the Great Salt Lake
shore lands, to allow for the continuation of existing uses, and to limit new uses and new
development in this area. This area is identified on the zoning map.
1. Permitted Uses and Improvements: Within the Natural Area, permitted
development and improvements to land are limited to the following:
Accessory use (associated with an allowed principal use).
Agricultural use.
Living quarters for caretaker or security guard.
Maintenance to existing infrastructure.
Natural open space.
PLNZAD2019-00074 – Administrative Interpretation 3
Necessary infrastructure to support an allowed use.
Utility, building or structure (public).
Utility, transmission wire, line, pipe or pole (public).
Wildlife and game preserves.
2. Conditional Uses and Standards:
Uses and Improvements: The following uses and improvements are subject to
conditional use standards contained in chapter 21A.54 of this title:
Hunting club, (when allowed by the underlying zoning).
Underground utility transmission infrastructure (private), subject to the
following:
(1) An appropriate plan for mitigation of any construction activities shall be
prepared, and
(2) Absent any State or Federal regulations, a plan for creating no
adverse impact should the line be abandoned shall be prepared.
Utility, building or structure (private).
Utility, transmission wire, line, pipe or pole (private).
Based on the provisions of the Zoning Ordinance, the proposed use for a solar array would not
be an allowed use for the subject properties located within the AG (Agriculture) zoning district
within the Northwest Quadrant Natural Area for the following reasons:
1. There is a specific definition for “Solar Array” in the Zoning Ordinance so the use could
not be classified as a “Utility Building or Structure” which is defined separately within
the zoning ordinance.
2. A “Solar array” is not listed as a Permitted or Conditional use within the Northwest
Quadrant Overlay District Natural Area.
3. While a solar array is listed as a Permitted Use in the AG – Agricultural zoning district,
the overlay district provisions would supersede those of the base AG zoning district.
If you have any questions regarding this interpretation please contact David Gellner, Principal
Planner at (801) 535-6107 or by email at david.gellner@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
PLNZAD2019-00074 – Administrative Interpretation 4
Dated this 21st day of February, 2019 in Salt Lake City, Utah.
Sincerely,
David J. Gellner, AICP
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
Posted to Web
Appropriate Recognized Organizations