PLNZAD2018-00241 - 805 S 800 WApril 17, 2018
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2018-00241
REQUEST:
This is a request for an administrative interpretation regarding whether the property located at
approximately 805 S. 800 West (Tax ID#15-11-276-001-0000) is a legal lot in accordance with
the Salt Lake City zoning laws. The purpose of the request is to determine if the property could be
developed for a commercial use. Specific commercial uses mentioned in the request include office,
commercial bakery, and a restaurant or retail goods establishment with a drive-through.
DECISION:
The Zoning Administrator finds that the subject property located at approximately 805 S. 800
West (Tax ID#15-11-276-001-0000) is recognized by Salt Lake City as a legal complying lot. The
property could be developed with any permitted or conditional uses as indicated in the table of
permitted and conditional uses for manufacturing districts subject to meeting the zoning
requirements of the applicable M-1 (Light Manufacturing) zoning district and any other
applicable zoning regulations.
FINDINGS:
The subject property is currently located in M-1 (Light Manufacturing) zoning district and has a
total lot area of approximately 4,791 square feet (0.11 acres), and a lot width of 39 feet. The M-1
zone requires a minimum lot area of 10,000 square feet and a minimum lot width of 80 feet.
Section 21A.38.060 of the Salt Lake City Zoning Ordinance states the following regarding
noncomplying lots:
A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the
effective date of any amendment to this title that makes the existing lot noncomplying
shall be considered a legal complying lot and is subject to the regulations of this title.
Any noncomplying lot not approved by the city that was created prior to January 13,
1950, may be approved as a legal noncomplying lot subject to the lot meeting minimum
zoning requirements at the time the lot was created and documented through an updated
zoning certificate for the property.
The property was created prior to January 13, 1950. The subject parcel is described as an
individual lot in 1903. The subject parcel is described in a Warranty Deed (#175742 in Book 6-L
of Deeds and Transfers, page 459) from Mary A. H. Cannon to Gottfried Ashliman. The associated
deed is attached to this interpretation. The property is described as follows:
Beginning at the North West corner of Lot Five (5) Block Two (2) Plat “C” Salt Lake City
Survey and running thence East thirty nine (39) feet, thence South one hundred and
twenty five (125) feet, thence West thirty nine (39) feet, thence North one hundred and
twenty five feet to the place of the beginning.
Zoning regulations were first adopted by Salt Lake City in 1927. Prior to that year, lot dimensions
were not regulated by the City and new lots could be created by deed without dimensional
restrictions. As such, the lot was legally created in 1903.
Since the lot was legally created prior to 1950 and complied with zoning requirements at the time
(there were none applicable), the lot is considered a legal complying lot. A legal complying lot may
be developed for any use identified as permitted or conditional uses for the M-1 zoning district,
subject to meeting applicable zoning regulations (see attached table of permitted and conditional
uses).
Accessory uses are permitted subject to meeting any specific regulations for the accessory use in
the Salt Lake City zoning ordinance. An Accessory Use is a use that:
A. Is subordinate in area, extent and purpose to, and serves a principal use;
B. Is customarily found as an incident to such principal use;
C. Contributes to the comfort, convenience or necessity of those occupying, working at or
being serviced by such principal use;
D. Is, except as otherwise expressly authorized by the provisions of this title, located on the
same zoning lot as such principal use; and
E. Is under the same ownership or control as the principal use.
Drive-through facilities are subject to the requirements in section 21A.40.060 of the 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 wit h 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 Counter 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 limited to, a zoning
certificate, a building permit, and a certificate of occupancy, subdivision approval, and a site plan
approval.
Amy Thompson
Principal Planner
CC:
Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Heather Gilcrease, Development Review Supervisor
Applicable Recognized Organization
Posted to Web
File
Vicinity Map of Subject Property (805 S 800 West, Parcel 15-11-276-001-0000)
21A.33.040: TABLE OF PERMITTED AND CONDITIONAL USES FOR
MANUFACTURING DISTRICTS:
Legend: C = Conditional P = Permitted
Use
Permitted And
Conditional Uses By
District
M-1 M-2
Accessory use, except those that are otherwise specifically
regulated elsewhere in this title
P P
Adaptive reuse of a landmark site C C7
Agricultural use P P
Alcohol:
Brewpub P6,10 P6,10
Distillery P P
Social club C6,10 C6,10
Tavern C6,10 C6,10
Winery P P
Ambulance services (indoor and/or outdoor) P P
Animal:
Cremation service P P
Kennel P13 P
Pet cemetery P2 P2
Pound P12,13 P12
Raising of furbearing animals C P
Stockyard C12 P12
Veterinary office P P
Antenna, communication tower P P
Antenna, communication tower, exceeding the maximum building
height
C C
Artisan food production P P
Bakery, commercial P P
Blacksmith shop P P
Bottling plant P P
Brewery P P
Building materials distribution P P
Bus line station/terminal P P
Bus line yard and repair facility P12 P
Check cashing/payday loan business P9
Chemical manufacturing and/or storage C
Commercial food preparation P P
Community correctional facility, large C8,16
Community correctional facility, small C8,16
Community garden P
Concrete and/or asphalt manufacturing C12,13 P12
Contractor's yard/office P P
Crematorium P P
Daycare center, adult P
Daycare center, child P
Drop forge industry P
Dwelling, living quarters for caretaker or security guard, limited to
uses on lots 1 acre in size or larger and is accessory to a principal
use allowed by the zoning district
P P
Equipment, heavy (rental, sales, service) P P
Equipment rental (indoor and/or outdoor) P P
Explosive manufacturing and storage C12
Financial institution with or without drive-through facility P11
Flammable liquids or gases, heating fuel distribution and storage P12
Food processing P P
Gas station P P
Government facility P P
Government facility requiring special design features for security
purposes
P P
Grain elevator P
Greenhouse P
Heavy manufacturing P12
Home occupation P15 P15
Hotel/motel P
Impound lot P12 P12
Incinerator, medical waste/hazardous waste C12
Industrial assembly P P
Laboratory (medical, dental, optical) P
Laboratory, testing P P
Large wind energy system P13,14 P
Laundry, commercial P P
Light manufacturing P P
Limousine service P P
Mobile food business (operation in the public right-of-way) P P
Mobile food business (operation on private property) P P
Mobile food court P P
Office P
Office, publishing company P
Open space P P
Package delivery facility P P
Paint manufacturing P
Parking:
Commercial P
Off site P P
Park and ride lot P P
Park and ride lot shared with existing use P P
Photo finishing lab P P
Poultry farm or processing plant P12
Printing plant P
Radio, television station P
Railroad, freight terminal facility C4,12 C4,12
Railroad, repair shop P
Recreation (indoor) P
Recreation (outdoor) P
Recycling:
Collection station P P
Processing center (indoor) P P
Processing center (outdoor) C12,13,14 P12
Refinery, petroleum products C12
Restaurant with or without drive-through facilities P11
Retail goods establishment with or without drive-through facility P11
Retail service establishment:
Electronic repair shop P
Furniture repair shop P P
Upholstery shop P
Rock, sand and gravel storage and distribution C P
School:
Professional and vocational (with outdoor activities) P
Professional and vocational (without outdoor activities) P
Seminary and religious institute P
Seasonal farm stand P P
Sexually oriented business P5 P5
Sign painting/fabrication P P
Slaughterhouse P12
Small brewery P P
Solar array P P
Storage and display (outdoor) P P
Storage, public (outdoor) P P
Store, convenience P P
Studio, motion picture P
Taxicab facility P P
Tire distribution retail/wholesale P P
Truck freight terminal P12 P12
Urban farm P P
Utility:
Building or structure P P
Electric generation facility C3,12 C3,12
Sewage treatment plant C P
Solid waste transfer station C12 P12
Transmission wire, line, pipe or pole P1 P1
Vehicle:
Auction P P
Automobile and truck repair P P
Automobile and truck sales and rental (including large truck) P P
Automobile part sales P P
Automobile salvage and recycling (indoor) P P
Automobile salvage and recycling (outdoor) C12,13,14 P12
Recreational vehicle (RV) sales and service P P
Truck repair (large) P P
Vending cart, private property P P
Warehouse P P
Welding shop P P
Wholesale distribution P P
Wireless telecommunications facility (see section 21A.40.090,
table 21A.40.090E of this title)
Woodworking mill P P
Qualifying provisions:
1. See subsection 21A.02.050B of this title for utility regulations.
2. Subject to Salt Lake Valley Health Department approval.
3. Electric generating facilities shall be located within 2,640 feet of an existing 138 kV or larger
electric power transmission line.
4. No railroad freight terminal facility may be located within a 5 mile radius of any other existing
railroad freight terminal facility.
5. Pursuant to the requirements set forth in section 21A.36.140 of this title.
6. If a place of worship is proposed to be located within 600 feet of a tavern, social club, or brewpub,
the place of worship must submit a written waiver of spacing requirement as a condition of approval.
7. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent
of the building's footprint. Building additions greater than 50 percent of the building's footprint or new
office building construction are subject to a conditional building and site design review.
8. A community correctional facility is considered an institutional use and any such facility located
within an airport noise overlay zone is subject to the land use and sound attenuation standards for
institutional uses of the applicable airport overlay zone within chapter 21A.34 of this title.
9. No check cashing/payday loan business shall be located closer than 1/2 mile of other check
cashing/payday loan businesses.
10. Subject to conformance with the provisions in section 21A.36.300, "Alcohol Related
Establishments", of this title.
11. Subject to conformance to the provisions in section 21A.40.060 of this title for drive-through use
regulations.
12. Prohibited within 1,000 feet of a single- or two-family zoning district.
13. Prohibited within the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay District.
14. Prohibited within the Development Area of the Northwest Quadrant Overlay District.
15. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject
to section 21A.36.030 of this title.
16. Prohibited within 1/2 mile of any residential zoning district boundary and subject to
section 21A.36.110 of this title.