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PLNZAD2022-01141 - 14 S JeremyPage 1 of 5 January 10th, 2023 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2022-01141 REQUEST: This is a request for an administrative interpretation regarding whether the current use on property in the TSA-UN-T zone (Transit Station Area Urban Neighborhood Transition) at approximately 14 S Jeremy St (Tax ID# 15-02-204-011-0000) is considered light manufacturing and whether it could be changed to other similar uses. Per the submitted application, the most recent use consisted of electroplating, assembly and disassembly of various mechanical assemblies, welding, grinding, drilling, polishing and other repair and restoration for industrial and commercial parts applications. DECISION: The Zoning Administrator finds that the current use as presented in the submitted request is considered “Light Manufacturing” as defined in section 21A.62 of the Salt Lake City Zoning Ordinance. Light manufacturing is not a use permitted in the TSA-UN-T zone, but the use was legally established in 1963, therefore, determined to be nonconforming. Legal nonconforming status allows the existing use to continue pursuant to the standards for nonconforming uses outlined in section 21A.38.040. Any business considered light manufacturing, as defined in 21A.62, is permitted at this property as a continuation of a nonconforming use. Businesses that are better defined by other uses found in the land use tables would not be considered light manufacturing. A change to another land use would be permitted when the land use is listed as permitted or conditional in the TSA-UN-T zone or when the change is authorized under section 21A.38.040.H.1. FINDINGS: The Zoning Ordinance defines “Light Manufacturing” as: LIGHT MANUFACTURING: The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place or where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products, predominantly from previously prepared materials, and includes processes which do not require extensive floor areas or land areas. The term "light manufacturing" shall include uses such as electronic equipment production and printing plants. The term "light manufacturing" shall not include any use which is otherwise listed specifically in the table of permitted and conditional uses for the category of zoning district or districts under this title. The established use of electroplating consists of mechanical assembly and processing of industrial and commercial parts are entirely performed within the building. The business performing this use, Crown Plating Company, Inc., has occupied the property since 1963 offering electroplating and various other manufacturing process for industrial customers such as 18-wheel trucking companies and safe suppliers. In 1963, the property was zoned C-3, which allowed for this type of use. Page 2 of 5 As defined in the code, light manufacturing includes processing and assembly of previously prepared materials which electroplating consists of. Additionally, the code defines that these processes are performed within a building and do not create hazards and pollution outside the building. The evidence provided shows that while industrial contamination has taken place within the building, no processes are performed outside the building and contamination has been contained to the property. Standards for Use Interpretation Any use interpretation is subject to the below standards: A. Any use defined in chapter 21A.62 of this title, shall be interpreted as defined; Finding: Electroplating is not specifically defined in the zoning ordinance. The use falls under “light manufacturing” which is defined in the zoning ordinance. 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: “Light Manufacturing” is not permitted in the TSA-UN-T zoning district. The use was created in 1963 when the property was zoned C-3. Light manufacturing was a permitted use in this zone. The use is considered legal nonconforming which allows the use to continue pursuant to the standards for nonconforming uses outlined in section 21A.38.040. 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: This is a continuation of a nonconforming use which is regulated by section 21A.38.050. Any new development on the property will be required to comply with the development standards of the TSA-UN-T 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; Finding: As noted above, the existing use as described is considered a light manufacturing. The use is prohibited in the TSA-UN-T zoning district but determined to be legal nonconforming. Any use that falls under the definition of “light manufacturing” is permitted as a continuation of the nonconforming use. 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 a conditional use pursuant to chapter 21A.54 of this title; and Finding: Not applicable. See finding “B” above. 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 stated purpose of the TSA-UN-T zoning district is as follows: “The purpose of the TSA Transit Station Area District is to provide an environment for efficient and attractive transit and pedestrian oriented commercial, residential and mixed use development around transit stations. Redevelopment, infill development and increased development on underutilized parcels should include uses that allow them to function as Page 3 of 5 part of a walkable, Mixed Use District. Existing uses that are complementary to the district, and economically and physically viable, should be integrated into the form and function of a compact, mixed use pedestrian oriented neighborhood. Each transit station is categorized into a station type. These typologies are used to establish appropriate zoning regulations for similar station areas. Each station area will typically have two (2) subsections: the core area and the transition area. Due to the nature of the area around specific stations, the restrictions of Overlay Zoning Districts, and the neighborhood vision, not all station areas are required to have a core area and a transition area.” While light manufacturing does not fit within the purpose of the TSA-UN-T zone, the established use is considered legal nonconforming. The nonconforming use is permitted to continue per the standards in 21A.38.040. Any business defined as light manufacturing may operate on the property as a continuation of a nonconforming use. A change to another land use would have to comply with the standards of the TSA-UN-T zone or be authorized under section 21A.38.040.H.1 which states: Change Of Nonconforming Use To Another Nonconforming Use: Any change of an existing nonresidential nonconforming use to another nonconforming use that is listed as a permitted use in the small neighborhood business district or the neighborhood commercial district in section 21A.33.030, "Table Of Permitted And Conditional Uses For Commercial Districts", of this title, is permitted. Any other change of a nonconforming use to another nonconforming use is subject to determination by the appeals hearing officer as to the new use being a similar land use type as the existing use as defined in chapter 21A.62, "Definitions", of this title, and subject to the site being able to provide required off street parking within the limits of existing legal hard surfaced parking areas on the site. Automobile and truck repair, contractors’ yard, and warehousing are not considered light manufacturing uses. If you have any questions regarding this interpretation, please contact Madison Blodgett at (801) 535-7749 or by email at madison.blodgett@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 https://www.slc.gov/planning/applications/ along with information about how to apply and processing fees. 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. Page 4 of 5 Madison Blodgett Associate Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Casey Stewart, Planning Manager and Development Review Supervisor Applicable Recognized Organizations Posted to Web Attachments: Vicinity map of subject property Page 5 of 5 Attachment A: Vicinity Map