PLNZAD2018-00060 - 290 S RedwoodFebruary 12, 2018
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2018-00060
REQUEST:
A request for an administrative interpretation regarding a proposed business located at 290
South Redwood Road. The proposed business, Salt Lake Trolley Tours, involves an appointment
based tour business. The subject property would house the office use, any required repairs, as
well as parking and storage for the proposed business. The request involves whether the
proposed use is permitted within the M-r (Light Manufacturing) zoning district. The subject
parcel, as well as the abutting parcels are all located in the M-1(Light Manufacturing) zoning
district. The parcels to the east, across an elevated section of Redwood Road, are located in the
R-1/5000 (Single -Family Residential) zoning district.
DECISION:
The Zoning Administrator finds that the proposed use of an appointment based tour company is
not a land use included in the Zoning Ordinance. However, it is most similar to "Limousine
Service." "Limousine Service" is a permitted use within the M-i (Light Manufacturing) zoning
district.
FINDINGS:
As described by the applicant, the proposed use includes the operation of a tour business that
incorporates the use and operation of three mini -bus style vehicles and two passenger vans.
These vehicles are used to operate the touring business, purely on an appointment basis. The
subject property would be utilized to park, store, repair, as well as operate the office aspects of
the proposed business. This use is not defined in the Salt Lake City Zoning Ordinance. In
determining, if a proposed use is similar to a defined use or allowed in a particular zoning
district, 21A.12.050 of the Salt Lake City Zoning Ordinance provides the following standards
that govern the Zoning Administrator in issuing use interpretations:
A. Any use defined in Chapter 21A.62 of this title, shall be interpreted as defined,
Finding: Tour bus operation is not a land use included in the Zoning Ordinance. This
land use is most similar to "Limousine Service". The use "Limousine Service" is defined
in 21A.62.04o and is copied below. The proposed use fits within this definition.
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: Limousine Service is listed as a permitted use in 21A.33.04o Table of
Permitted and Conditional Uses for Manufacturing Districts the M-1 Zoning District. The
uses associated with the business are also permitted within the M-1(Light
Manufacturing) zoning district.
C. No use interpretation shall allow a proposed use in a district unless evidence is
presented demonstrating that the proposed use will comply with the development
standards established for that particular district;
Finding: The evidence submitted indicates that the proposed use is located within an
existing building, which complies with the development standards associated with the
M-1(Light Manufacturing) zoning district. The parking of fleet vehicles associated with a
business use will likely occur outdoors, which is allowed within the M-i (Light
Manufacturing) 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;
Findings: As noted above, the proposed tour bus operation use is not specifically listed
and defined. However, the proposed use is most similar to the established definition of
"Limousine Service", which is permitted in the M-1(Light Manufacturing) zoning
district. The use is most similar to the established definition of "Limousine Service", due
to the operation of "by appointment only". The tour bus operation is an appointment
based business.
E. If the proposed use is most similar to a conditional use authorized in the district in
which it is proposed to be located, any use interpretation allowing such use shall
require that it may be approved only as conditional use pursuant to chapter 21A.54 of
this title; and
Findings: The use is most similar to "Limousine Service", which is a permitted use in
the M-1(Light Manufacturing) zoning district. This use is not listed as a conditional use
in the M-1 district.
F. No use interpretation shall permit the establishment of any use that would be
inconsistent with the statement of purpose of that zoning district.
Findings: The M-1 zoning district has the following purpose statement:
"The purpose of the M-1 Light Manufacturing District is to provide an
environmentfor 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 use described as "Tour bus operation," is most similar to a limousine service use and
is not anticipated to produce an appreciable impact on adjacent properties. The use is
compatible with a "clean attractive industrial setting", due to the containment of the
majority of the operation within a building and the permitted fleet parking of vehicles
associated with the use. This proposed use is permitted in the applicable M-1 zoning
district.
The listed use definitions within Chapter 21A.62 of the Salt Lake City Zoning Ordinance, defines
"Limousine Service" as follows:
Limousine Service: A use that provides personal vehicular transportation for a fee, and
operating by appointment only.
The proposed "Tour bus operation" is substantially similar and closely related to the defined
"Limousine Service" use. "Limousine Service" permits vehicular transportation by appointment.
The proposed tour bus operation utilizes personal vehicle operation, which is operated solely on
an appointment basis. The customers schedule the tour and are picked -up at the location of
their choosing. The tour bus operation use does not anticipate customers at the business
location. While tour bus transportation is not a typical "Limousine Service" use, it is consistent
with the definition. The use and the associated uses are most similar to those permitted in the
M-1(Light Manufacturing) zoning district. Additionally, there isn't another or defined use that
references, relates or substantially supports this. proposed use in an alternative zoning district.
After considering the operation of the proposed use, as provided in the submitted materials and
the additional evidence, the uses defined in the Salt Lake City Zoning Ordinance, and the
standards that govern use interpretations, it is my determination that the proposed use is
defined and listed within the Salt Lake City Zoning Ordinance as "Limousine Service."
If you have any questions regarding this interpretation please contact Kelsey Lindquist at (8oi)
535-7930 or by email at kelsev.lindausit(a)slceov.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 (ro) 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
httD://www.slceov.com/Dlannina/nlannine-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 12th day of February, 2018 in Salt Lake City, Utah.
Kelsey Lindquist
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
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