PLNZAD2023-00855 - 4140 W 2100 SDecember 6, 2023
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2023-00855
REQUEST:
This is a request for a Determination of Nonconforming Use regarding outdoor storage of vehicles
and construction equipment at 4140 W 2100 S (Tax ID# 15-18-477-006-0000). The property is
zoned M-1 Light Manufacturing, where outdoor storage is a permitted use. The request is to
determine if outdoor storage was legally established on the property and can continue in the same
manner, without the required site improvements.
DECISION:
Based on the provisions of the Zoning Ordinance section 21A.38.040.E, City and County records,
and the documentation submitted by the applicant, the Zoning Administrator finds that the use
located at 4140 W 2100 S was not legally established. While the property received a business
license for a permitted use, the development standards for the use were not complied with and
therefore the existing site conditions are not recognized as legal noncomplying. Outdoor storage
is a permitted use in the M-1 district and can be authorized through a building permit. Site
improvements will be required to bring the property into compliance with current standards.
FINDINGS:
According to Salt Lake City Code section 21A.62.040, noncomplying structures and
nonconforming uses are those structures and uses which legally existed before a subsequent
ordinance change made them nonconforming. The evidence submitted by the applicant
demonstrates that the subject property has been used for the outdoor storage of vehicles and
construction equipment since 1978 but does not demonstrate that the use was legally established
at the time. No records could be located officially recognizing the legal use of the property until
1993, when a business license was issued (LIC1993-01847: PG Trucking Inc.) for “heavy equip
sales lease rent” at 4140 W 2100 S.
The 1993 business license was the only official documentation that could be located establishing
the legal use of the property for heavy equipment sales. The subject property would have been
required to comply with the M-1A Industrial standards of the zoning ordinance in effect at the
time the use was established (see attached map and ordinance). The applicable standards at the
time the use was established included the following:
• Land Use
The M-1A industrial district would have allowed the outdoor storage of operational
vehicles and equipment, but not auto salvage or junk storage.
• Setbacks
The M-1A industrial district required permitted uses to be set back 15’ from the property
line. The front and corner yards were to be completely landscaped and no portion was
allowed to be used for parking.
• Parking & Site Improvements
Vehicle storage was included in the definition of “parking space.” This means that
businesses which included vehicle storage as part of their approved land use would have
been required to comply with the standards for parking spaces in the code, including a
requirement for parking areas to be paved or hard-surfaced.
Based on the evidence provided by the applicant and an analysis of the applicable historical zoning
standards, staff finds that although a business license was issued for outdoor storage for the
subject property, the use was not legally established in compliance with the applicable zoning
standards of the time. Site improvements were required at the time the business license was
issued but were never sought out through a building permit. Thus, the conditions in which the use
has been operating are not recognized as legal noncomplying.
The use of the property can be legally established through a building permit and pursuant to
compliance with development standards. Current zoning standards require all parking areas to
“comply with the standards for surfacing of access, driving, and parking surfacing in the Off Street
Parking Standards Manual” (21A.44.060.A.8), which states that “all driveways, parking areas or
lots, and loading berths shall be improved and maintained as hard surface.” Approved hard
surfaces are limited to concrete, asphalt, or pavers.
Vehicle and equipment storage without hard surfacing can be approved by requesting an
adjustment, as outlined in section 21A.44.090: Modifications to Parking Areas. The subject
property is currently an unimproved dirt lot that does not meet current standards for surfacing
materials.
Furthermore, current zoning standards state that “outdoor storage of equipment shall not be
located in any required yard area within the lot” (21A.28.010.B.3.a.2). Vehicles and equipment
are currently stored in the required 15’ front yard and corner side yard of the subject property.
If you have any questions regarding this interpretation, please contact Andy Hulka at (801) 535-
6608 or by email at andy.hulka@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.
Andy Hulka, AICP
Inland Port Principal Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Glendale Neighborhood Council
Posted to Web
Attachments:
• Vicinity map of subject properties
• 1987 Salt Lake City Zoning Map
• 1990 Salt Lake City Zoning Ordinance (relevant chapters)
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4130
W
2100 S
4172 4140
2009
199042054199
Vicinity Map
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Salt Lake City Pla nning Division 12/6/20 23
Su bje ct Prop erty
4250 W
4130 W
SR -201 EB Hwy
0 40 80 12020Feet
REVISED FEBRUARY 22, 1990
SEC. 21.04.355 (51-2-40.6)
. OUTPATIENT SURGICAL CENTER:
"Outpatient surgical center" means a facility providing for the surgical
treatment and related medical care of patients solely on an outpatient basis.
No surgical center may provide on-site inpatient care, overnight care, or
twenty-four-hour (24) operations, without complying with all ordinances,
including zoning, aRpl icable to hospitals. Hours of general operation in R-6,
R-7 and R-H use districts are further restricted to the hours of seven a.m.
through eight p.m. (7:00-8:00). Hours are not limited in the H, B-3 or other
less restrictive districts.
SEC. 21.04.360 (51-2-41)
PARKING LOT:
"Parking lot" means an open area other than a street used for the
parking of more than four (4) automobiles and available for public use,
whether free, for compensation, or as an accommodation for clients and
customers.
SEC. 21.04.365 (51-2-41.1)
PARKING SPACE:
"Parking space" means a space within or on a building lot or parking lot
designed for the parking or storage of one (1) automobile, together with
adequate ingress and egress drives. The dimensions of the parking shall meet
the Off-Street Parking Policy of the City Transportation Division as approved
by the City Planning Director and the City Planning and Zoning Commission.
[rev: bill #47 08/08/89]
16
SEC. 21.04.370 (51-2-41.5)
PLANNED UNIT DEVELOPMENT, OR PUD:
"Planned unit development," or "PUD" means:
{A). An integrated design for development of residential,
commercial or industrial uses, or combination of such uses, in which one
(1) or more of the regulations, other than use regulations, of the
district in which the development is to be located, is waived or varied
to allow flexibility and initiative in site and building design and
location, in accordance with an approved plan and imposed general
requirements as specified in Sections 21.78.150 through 21.78.190 of
this title, or successor sections.
(8). A planned unit development may be:
(1). The development of compatible land use arranged in
such a way as to provide desirable living environments
that may include private and common spaces for
recreation, circulation and/or aesthetic use;
(2). The conservation or development of desirable amenities
not otherwise possible by typical development
standards;
(3). The creation of areas for multiple use that are of
benefit to the development.
(C). A planned unit development may include various design
patterns, (e.g., attached or detached structures, community plans, or
clustered developments) and ownership arrangements, (e.g., sole
ownership and operation, condominiums or subdivision).
SALT LAKE CITY ZONING ORDINANCE
SEC. 21.04.375
PLANNING OFFICIAL:
"Planning official" means the director of the planning and zoning
division or his/her designee.
SEC. 21.04.380 (51 2 42)
RESTAURANT:
"Restaurant" means a building within which there is served a variety of
hot food for consumption on the premises and where more than sixty (60%)
percent of the gross volume is derived from the sale of foods served for
consumption on the premises.
SEC. 21.04.385 (51-2 42.1)
SAN IT AR IUM:
"Sanitarium" means a health station, retreat, or institution for the
inpatient treatment and recuperation of persons suffering form physical or
mental disorders, providing qualified medical, professional and nursing staff.
SEC. 21.04.480 (51 -60.1)
SOUND-LEVEL HETER:
"Sound-level meter" means an instrument, including the microphone,
amplifier, RMS detector and integrator, time averager, output meter and/or
visual display A-weighting networks, that is sensitive to pressure
fluctuations. The instrument reads sound-pressure level when properly
calibrated and is of Type 2 or better as specified in American National
Standards Institute Publication SI. 4-1971 or its successor publication.
SEC. 21.04.485 (51-2-60.2)
SOUND-PRESSURE LEVEL:
"Sound-pressure level" means (20) twenty times the logarithm to the base
of (10) of the radio RMS sound pressure to the reference pressure, which shall
be twenty (20) micropascals, denoted "LP" or "SLP".
SEC. 21.04.490 (51-2-61)
STRUCTURE:
"Structure" means anything constructed or erected which requires
location on or below the ground, or attached to something having location on
or below the ground, including signs and billboards but not including fences
or walls used as fences which are (6) six feet or less in height.
SEC. 21.04.495 (51-2-62)
YARD:
"Yard" means a space on a lot, other than a court, unoccupied and
unobstructed from the ground upward by buildings or structures, except as
otherwise provided in this title.
"Front yard" means:
SEC. 21.04.500 (51-2-63)
YARD. FRONT:
(A). For an interior lot, an open, unoccupied, landscaped space,
on the same lot with a building, between the front line of the building
and the street line;
(B}. For a corner lot, an open, unoccupied, landscaped space, on
the same lot with the main building and the front street line, also
17
REVISED FEBRUARY 22, 1990
between the side line of the building adjacent to the street and the
side street line, and extending for the full width and depth of the lot.
SEC. 21.04.505 (51-2-64)
YARD, REAR:
"Rear yard" means an open, unoccupied space, except as otherwise
provided in this title, on the same lot with the building and between the rear
line of the building and the rear lot line. The depth of the rear yard is the
minimum di'stance between the rear lot 1 ine and the rear line of the building.
SEC. 21.04.510 (51-2-65)
YARD, SIDE:
"Side yard" means an open, unoccupied space, except as otherwise
provided in this title, on the same lot with the building and between the side
line of the building and the side lot line, and extending from the front yard
to the rear yard.
18
SALT LAKE CITY ZONING ORDINANCE
SECTIONS:
21.12.010
21. 12. 020
21.12. 030
21.12.040
21.12. 050
21.12.060
CHAPTER 6
SECTION 21.12
APPLICATION ANO ENFORCEMENT OF REGULATIONS
Conformity of buildings, land and open spaces.
Licensing restrictions.
Building permits-Required when.
Building permits-Plat requirements.
Enforcement-Building inspector authority.
Violation-Penalty.
SEC. 21.12.010 (51-4-1)
CONFORMITY OF BUILDINGS, LAND AND OPEN SPACES:
Except as provided in this title:
(A). No building, structure or premises shall be used or occupied
and no building or part thereof or other structure shall be erected,
raised, moved, placed, reconstructed, extended, enlarged or altered
except in conformity with the regu 1 at ion here"in specified for the use
district in which it is located.
(8). No building, structure or premises shall be erected, altered
or used so as to produce greater heights, smaller yards or less
unoccupied area, and no building shall be occupied by more families than
prescribed for such building, structure or premises for the district in
which it is located.
{C). No yard or other open spaces provided about any building for
the purposes of complying with the provisions of the ordinances codified
in this title shall be used as a yard or open space for another
building.
SEC. 21.12.020 (51-4-3)
LICENSING RESTRICTIONS:
All departments, officials and public employees of the City which are
vested with the duty or authority to issue permits or 1 i censes sha 11 conform
to the provisions of this title, and shall not issue any permits or licenses
for uses, buildings or purposes where the same would be in conflict with the
provisions of this title, and any such permit or license, if issued in
conflict with the provisions of this title, shall be null and void.
It is unlawful:
SEC. 21.12.030 (51-4-5)
BUILDING PERMITS-REQUIRED WHEN:
{A). for any person, whether acting as owner, occupant or
contractor, or otherwise, to erect, construct, reconstruct or alter, or
change the use of any building or other structure within the City
contrary to any provisions of this title, or without first obtaining a
building permit from the building inspector.
{B). I~ is also unlawful for any person, whether acting as owner,
occupier or contractor, to install any blacktopping or other hard-
surfacing material other than walkways, ornamental landscaping features,
or for the minor repair of existing legal hard-surfaced areas, on any
property without first obtaining a permit from the building inspector or
city engineer's office.
29
SECTIONS:
21.68.010
21.68.020
21.68.030
21.68.040
Permitted uses.
Front yards.
CHAPTER 32
SECTION 21. 68
SALT LAKE CITY ZONING ORDINANCE
M-lA INDUSTRIAL DISTRICT
Side yards and building height.
Special provisions.
SEC. 21.68.010 {51 25.1-1)
PERMITTED USES:
In an M-lA industrial district, all buildings and premises may be used
for any purpose permitted in an M-1 industrial district, except no building or
premises may be used for auto wrecking or burning, or for the storage or
sorting or salvaging of auto bodies, or other metal, glass, bottles, rags,
cans, rubber or paper or other articles commonly known as junk.
SEC. 21.68.020 {51 25.1 3)
FRONT YARDS:
In the M-lA district, the minimum setback for any building, structure or
permitted use on the property shall be t'ifteen {15') feet from the front
property line. This front yard area is to be completely landscaped except for
permitted driveways and walkways.
SEC. 21.68.030 (51 25.1-2)
SIDE YARDS AND BUILDING HEIGHT:
Side yards and building height in the M-lA district shall be the same as
for an M-1 industrial district.
SEC. 21.68.040 (51 25.1 4)
SPECIAL PROVISIONS:
Special prov1s1ons for M-lA districb; shall be the same as for an M-1
industrial district, except for the provisions relating to auto wrecking and
junt yards, which are prohibited entirely in this district.
129
REVISED FEBRUARY 22, 1990
driveway, the City may require the pruning or removal
of the landscaping to eliminate the hazard;
(8). Uncovered steps leading to the main building; provided, how-
ever, that they are not more than four (4') feet in height and do not
cause any danger or hazard to traffic by obstructing the view of the
street or intersection. Any portion of any steps, covered or uncovered,
that are more than four (4') feet above grade must be back of the re-
quired setback line;
(C). Eaves or cornices projecting not more than two (2') feet;
(D). A driveway leading to a properly located garage or parking
area; provided, however, no portion of a front yard, as required in this
title, except for these approved driveways, shall be hard-surfaced or
graveled so as to encourage or make possible the parking of automobiles,
nor shall the City al low any curb cuts or approve any driveways except
for entrance and exit driveways leading to properly located parking
areas;
(E). Circular driveways shall be permitted in required front-yard
areas of single-family dwellings leading to and from a properly located
garage or carport on the property subject to the following conditions:
(1). All such drives shall be of concrete construction.
(2). Such drives shall not be over twelve (12') feet in
width.
(3). There shall be an area in landscaping at least fifteen
( 15 ·) feet in depth from the front property 1 i ne to
the farthest edge of the drive.
(4). Driveway areas are not to be used for parking or stor-
age of any trail er, boat or other equipment at any
time, nor is the area to be used for overnight or per-
manent parking of any vehicle.
(5). Passenger automobiles may be parked on driveway serv-
ing private residences, provided the automobile is
parked completely on private property.
(6). Awnings projecting over doorways and windows not more
than three (3') feet.
SEC. 21.80.100 (51-5-13)
FRONT YARDS--PARKING PROHIBITED:
No portion of a front yard as defined in this title shall be used for
the parking of automobiles or other vehicles.
SEC. 21.80.110 (51-5-6)
REAR YARDS--PERHITTED PROJECTIONS AND OBSTRUCTIONS:
The area of a required rear yard should be open and unobstructed except
for the following which are permitted:
188
(A). A bay window or chimney not over ten (10') feet long pro-
jecting not more than two (2') feet;
(B). A balcony overhanging not more than four (4'} feet;
(C). Exterior stairways; and fire escapes projecting not more
than four (4'} feet;
(D). Window wells or basement access ways extending not more than
four (4') feet;
(E). The projection of an eave or cornice not more than four (4')
feet;
SALT LAKE CITY ZONING ORDINANCE
SECTION:
21.86.010 Permit--Required.
CHAPTER 42
SECTION 21. 86
PARKING LOTS
21.86.020 Car capacity and parking arrangements.
21.86.030 Parking station screening and bumper curbs.
21.86.040 Driveways.
21.86.050 Attendant buildings.
21.86.060 Ground surfaces.
21.86.070 Lighting conditions.
21.86.080 Noncommercial parking permit for specific buildings.
SEC. 21.86.010 (51-10-1)
PERHIT--REQUIRED:
No parking lot or parking area shall be constructed without first ob-
taining a permit authorizing such construction. No permit shall be issued
without first securing the recommendations of the City transportation engineer
and the City Planning Commission, and no permit shall be issued until the ap-
plicant has complied with the provisions of this chapter.
SEC. 21.86.020 (51-10-7)
CAR CAPACITY AND PARKING ARRANGEHENTS:
The maximum car capacity indicated on the application shall be reason-
able and the arrangement of parking facilities shall not necessitate the back-
ing of cars onto adjoining public sidewalks, parkways, roadways or
thoroughfares in conducting parking and unparking operations.
SEC. 21.86.030 (51-10-2)
PARKING STATION SCREENING AND BUHPER CURBS:
The parking station shal 1 be provided with attractive wal 1, guardrai 1,
or screening shrubbery, at least along the street side, to limit points of
ingress and egress, to prevent encr:oachment of parked vehicles on any side-
walk, and to improve the general appearance, and where necessary, with a
bumper curb parallel with the inside of the wall or guardrail at such distance
that the wheels of the motor vehicles in the parking station are stopped prior
to the motor vehicle contact with the wall or guardrail.
SEC. 21.86.040 (51-10-3)
DRIVEWAYS:
Driveways must not exceed thirty (30') feet in width in residential and
commercial zones, forty (40') feet in width in industrial zones, measured at
the point where they cross the sidewalk; adjacent driveways must be separated
by an island at least twelve (12') feet in width; and driveways must be at
least ten (10') feet from the property line of any intersecting street. [rev:
bill #47 08/08/89]
SEC. 21.86.050 (51-10-4)
ATTENDANT BUILDINGS:
Attendant building must be located far enough from the entrance to pre-
vent congestion at the sidewalk, and must be constructed so as not to detract
from the appearance of the surrounding neighborhood. Every operator of a
parking station, before construction or reconstructing, or locating or relo-
211
REVISED FEBRUARY 22. 1990
eating an attendant building, shall secure the approval of the City transpor-
tation engineer and the City planning official.
SEC. 21.86.060 (51-10-5)
GROUND SURFACES:
Ground surfaces of the parking area shall be paved or hard-surfaced.
SEC. 21.86.070 (51-10-6)
LIGHTING CONDITIONS:
Stations to be operated during hours of darkness after six p.m. (6:00)
shall be provided with 1 ights that produce not less than two-tenths (2/10)
lumens of light per square foot, measured on the pavement surface, and ar-
ranged to prevent glare to motorists on the public streets and to residents of
adjoining property.
SEC. 21.86.080 (51-10-8)
NONCOHHERCIAL PARKING PERHIT FOR SPECIFIC BUILDINGS:
No building permit for construction, reconstruction, alteration or
change of the use of a building that involves the use of off-premises or off-
site parking areas shall be issued without the issuance of a separate parking
lot permit for the specific off-site parking area listing all potential ad-
dresses for the area. Thereafter, the parking area is encumbered for provid-
ing parking for such building, and shall be cross-referenced on the permit to
the building site; The noncommercial parking area shall be considered a park-
ing lot, and operation and design standards of parking lots shall cof'.lform to
the provisions of this chapter. Once a permit for a noncommercial parking lot
has been issued under this provision, no other permit or license shall be
issued for the location without planning division approval.
212