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PLNZAD2023-00743 - 950 S 500 WOctober 17, 2023 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2023-00743 REQUEST: This is a request for an administrative interpretation regarding the establishment and continuation of the use of outdoor storage on the property at 950 S 500 W. The use of outdoor storage on 950 S 500 W is associated with American Crane which operates on multiple parcels, including 950 S 500 W, 970 S 500 W, 988 S 500 W, 990 S 500 W, and 998 S 500 W. (Tax ID# 15-12-157-003-0000, 15-12-303-001-0000, 15-12-303-002-0000, 15-12-303-003-0000, 15-12- 303-004-0000). Active enforcement on 950 S 500 W suggests the use has not been legally established and there have been unpermitted alterations on the property. The applicant claims the use of outdoor storage has existed on 950 S 500 W since American Crane began its operation 1974 and no alterations have been made to the property. All the parcels are located in the CG General Commercial zoning district. DECISION: The Zoning Administrator finds that there are no City records establishing the use of outdoor storage on the lot at 950 S 500 W. In the CG zoning district, outdoor storage is permitted, but proper permits must be obtained to establish the use on a property. FINDINGS: Pursuant to the Salt Lake City Zoning Ordinance (Section 21A.33.030 of the Salt Lake City Code) outdoor storage is permitted in the CG zoning district. While the use is permitted, the use is not in compliance with the standards for outdoor storage in commercial zoning districts. Section 21A.26.010.C.3 states that: 3. Outdoor Sales, Display Or Storage: "Sales and display (outdoor)" and "storage and display (outdoor)", as defined in chapter 21A.62 of this title, are allowed where specifically authorized in the table of permitted and conditional uses in section 21A.33.030 of this title. These uses shall also conform to the following: a. The outdoor sales or display of merchandise shall not encroach into areas of required parking; b. The outdoor sales or display of merchandise shall not be located in any required yard area within the lot; c. The outdoor sales or display of merchandise shall not include the use of banners, pennants, or strings of pennants; d. Outdoor storage shall be required to be fully screened with opaque fencing not to exceed seven feet (7') in height; and e. Outdoor sales and display and outdoor storage shall also be permitted when part of an authorized temporary use as established in chapter 21A.42 of this title. A nonconforming use is defined in Chapter 21A.62 as “Any building or land legally occupied by a use at the time of passage of the ordinance codified herein or amendment thereto which does not conform after passage of said ordinance or amendment thereto with the use regulations of the district in which located”. Use was permitted at the time it was created and it is still permitted under current ordinance. Therefore, the use cannot be considered nonconforming. Site improvements are considered structures. A noncomplying structure is defined in Chapter 21A.62 as “Buildings and structures that serve complying land uses which were legally established on the effective date of any amendment to this title that makes the structure not comply with the applicable yard area, height and/or bulk regulations of this title”. For the site conditions to be considered noncomplying, the use would have had to be legally established through a building permit. Staff could not locate any permits or city records indicating approval for outdoor storage on this property and the applicant has provided no evidence that they received city approval. Staff could also not find any permits authorizing the fence and parking on the property. Additionally, historic ariels and street imagery, does not support the applicant’s claim that the outdoor storage has existed on this property since 1974. From 2011 to 2019, street imagery shows this property as vacant. In 2019, the property is shown as being used for parking. To establish the outdoor storage use on the property, the applicant would need to apply for a building permit. The use and all associated site improvements will need to comply with current standards at the time the permit is submitted. 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. Madison Blodgett Associate Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Casey Stewart, Planning Manager and Development Review Supervisor Posted to Web Attachments: Site Images Vicinity map of subject property Street Imagery 2011 2014 2015 2019 2023 Aerial