PLNZAD2023-00743 (Amended) - 950 S 500 WJanuary 25, 2024
ADMINISTRATIVE INTERPRETATION
AMENDED 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 (Tax ID# 15-12-157-
003-0000). The use of outdoor storage on 950 S 500 W is associated with the use on 970, 988,
990, and 998 S 500 W, (Tax ID# 15-12-303-001-0000, 15-12-303-002-0000, 15-12-303-003-
0000, 15-12-303-004-0000), which operates as one. Active enforcement on 950 S 500 W
suggests the use has not been legally established on the property. The applicant claims the use of
outdoor storage has existed on 950 S 500 W since 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 current 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 or otherwise established to comply with the code at the time.
Property history
The applicant stated they started using the subject property in 1974 as an accessory outdoor
storage for the properties to the south. Staff could not locate any permits or city records
indicating approval for outdoor storage on this property. However, based on aerial images, staff
determined that the use was established prior to 1985. During that period, the property was
zoned M-2 (Intermediate Industrial). Outdoor storage was an allowed use in the district but
Section 51-25-2 (1) of the code stated:
“Any premise which is used or intended to be used for auto wrecking or for the open
storage of auto bodies (…) must be enclosed with a masonry wall or tight board or
similar fence not less than seven (7) feet high, painted a neutral color and continuously
maintained in good and sightly condition. Also, there shall be no open burning of the
above mentioned or similar articles, nor shall any materials stored in such lot be
stacked higher than the enclosing fence”.
The aerial images from 1985 until 2005 show that the property was used for the storage of
trailers, containers or similar equipment. There is no evidence of a fence, and the aerials
indicate that none would have been required. Between 2006 and 2015, aerial images and google
street views indicate that the property was vacant. After 2017, there is evidence of the property
being used for parking of passenger vehicles, large trucks, and trailers as well as truck parts and
wrecked vehicles.
The aerials coincide with licensing records of the property to the south. 988 S 500 W was
licensed as a construction business until 2008. The license was terminated due to “Construction
moved out of city” according to city records. In 2006, an enforcement case for people living in
vehicles on the property noted that “As of now, the property is not being used”. In 2014, a
business license was denied for tire sales and service. The zoning inspection pointed specific
issues with storage on unpaved areas:
“CG zone. Retail is a permitted use. However, the property is not paved and the
applicant said this is to be a storage facility. I let him know that it can't be approved
until hard surfaced and that he should do a DRT meeting due to the change of use”.
A license was later issued in 2016 for the storage of tires only, as noted in the zoning inspection.
That license was terminated in 2021. Two subsequent enforcement cases in 2020 noted outdoor
storage of junk and vehicle parts on the property and adjacent areas. In 2023, a business license
was issued for truck repair based on the approval of the 2016 license.
Conclusion
While the property may have been operating under a legal noncompliance until 2005, the
outdoor storage found on the property after 2016 is inconsistent with the original use and did
not comply with the code in effect at the time the use was first established. It also did not
comply with the standards applicable in 2016. Furthermore, the outdoor storage use of the
property was accessory to 988 S 500 W and abandoned around 2008, when the principal use
vacated the property, and not resumed until 2016 or 2017.
Because the outdoor storage use ceased to exist for a period longer than one year, the
noncomplying structures associated with that use have also been abandoned. Thus, the current
outdoor storage found on the property is not considered a legally established use and the
conditions of the site are not recognized as noncomplying structures.
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
Principal Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Posted to Web
Attachments:
Historic Aerials
Street Imagery
1978 Zoning Book Pages
Business License Records
1971 Aerial
1985 Aerial
1993 Aerial
1997 Aerial
1999 Aerial
2002 Aerial
2003 Aerial
2005 Aerial
2006 Aerial
2007 Aerial
2009 Aerial
2010 Aerial
2011 Aerial
2012 Aerial
2013 Aerial
2015 Aerial
July 2016 Aerial
November 2016 Aerial
2017 Aerial
2018 Aerial
2019 Aerial
February 2020 Aerial
September 2020 Aerial
August 2021 Aerial
October 2021 Aerial
2022 Aerial
May 2023 Aerial
2007 Street View
950 S 500 W
988 S 500 W
2011 Street View
950 S 500 W
988 S 500 W
2015 Street View
950 S 500 W
988 S 500 W
2018 Street View
950 S 500 W
988 S 500 W
2019 Street View
950 S 500 W
988 S 500 W
2021 Street View
950 S 500 W
988 S 500 W
2022 Street View
950 S 500 W
988 S 500 W
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SECTIONS:
51-26-1.
51-26-2.
51-26-3.
CHAPTER 26
INDUSTRIAL "M-2" DISTRICT
Use regulations.
Front yard, side yard, rear yard and height
regulations.
Special provisions.
SEC. 51-26-1. USE REGULATIONS. In an Industrial "M-2"
District all buildings and premises may be used for any purpose
permitted in an Industrial "M-1" District and also for the stor-
age of petroleum products or by-products, provided that the plans
for su~h storage shall be submitted to and approved by the Board
of Commissioners of Salt Lake City.
SEC. 51-26-2. FRONT YARD, SIDE YARD, REAR YARD AND HEIGHT
REGULATIONS. Front yard, side yard, rear yard and height regu-
lations shall be the same as for an Industrial "M-1" District.
SEC. 51-26-3. SPECIAL PROVISIONS. Special provisions shall
be the same as for an Industrial "M-1" District.
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SECTIONS:
Sl-25-1.
51-25-2.·
51-25-3.
51-25-4.
CHAPTER 25
INDUSTRIAL "M-1" DISTRICT
Use regulations.
Special Provisions.
Front yard, side yard and rear yard regulations.
Height regulations.
SEC. 51-25-1. USE REGULATIONS. In an Industrial "M-1" Dis-
trict, all buildings and premises may be used for any purpose
permitted in a Commercial "C-3" District, and also for any other
trade, Industry or use, except the following which are prohibited.
(1) Any multiple-family dwelling, apartment, boarding house,
etc., (but not including motels or hotels).
(2) Ammonia, bleaching powder or chlorine manufacture.
(3) Asphalt manufacture or refining.
(4) Arsenals.
(5) Blast furnaces.
(6) Cement, lime or plaster of paris manufacture.
(7) Coke ovens.
(8) Crematory other than crematory located in a cemetery
(9) Creosote treatment or manufacture.
(10) Disinfectant and insecticide manufacture.
(11) Distillation of bones, coal or wood.
(12) Fat rendering.
(13) Fertilizer manufacture, except the cold compounding of
nonodorous materials.
(14) Fireworks, explosive manufacture and storage.
(15) Gas manufacture or storage in excess of ten thousand
(10,000) cubic feet.
(16) Gelatine, glue or size manufacture.
(17) Grease or tallow manufacture or refining.
(18) Hair factory.
(19) Hydrochloric, nitric, sulphuric, or sulphurous acid
manufacture.
(20) Incineration or reduction of garbage, offal or refuse.
(21) Petroleum refining or storage above ground in excess
of the capacity of two (2) seven thousand (7,000) gallon tanks.
(22) Potash manufacture or refining.
(23) Raw hides or skins, storage, curing or tanning.
(24) Rubber manufacture from the crude material.
(25) Slaughter houses.
(26) Smelting of iron, copper, zinc or tin ores.
(27) Stock Yards.
(28) Sugar refining.
(29) Tannery.
(30) Tar roofing or tar waterproofing manufacture.
(31) Tar distillation or manufacture.
(32) Wool Pulling, scouring or shoddy manufacture.
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(33) Any other trade, industry or use that is noxious or of-
fensive by reason of the emission of odor, smoke, gas, vibration
or noise.
(34) No shop or retail business, store, drugstore,or other
premise licensed or permitted to do business within this district
may be located within a three block radius of any school or church,
if said business establishment caters exclusively to adult persons
to the advertised exclusion of minors under the age of eighteen
years; provided, however, that said prohibition shall not apply
to premises licensed to sell beer pursuant to the provisions of
Title 20 of these revised ordinances and, further, provided that
said prohibition shall not apply to properly licensed theate~s
under Title 20 of these revised ordinances. For the purpose of
this subsection, a block shall mean a standard 600 lineal foot
Salt Lake City block.
SEC. 51-25-2. SPECIAL PROVISIONS.
(1) Any premise which is used or intended to be used for
auto wrecking or. for the open storage of auto bodies, or other
metal, glass, bottles, rags, cans, sacks, rubber, paper or other
articles commonly known as junk, or for any articles known as
second-hand goods, wares or merchandise, must be enclosed with
a masonry wall or tight board or similar fence not less than
seven (7) feet high, painted a neutral color and continuously
maintained in good and sightly condition. Also, there shall be
no open burning of the above mentioned or similar articles, nor
shall any materials stored in such lot be stacked higher than
the enclosing fence.
(2) No portion of any lot shall be used or designed or sur-
faced in such a way as to make possibl~ the parking, storage or
driving of cars or other vehicles in a manner which will allow
them to project or drive over the sidew~lk at other than approved
driveway locations. When any parking or loading areas or drive-
ways adjoin a street, concrete curbs shall be installed in such
a location as to prevent any car or vehicle or any portion of a
car or vehicle to maneuver or project over the front property
line except at approved driveway locations.
SEC. 51-25-3. FRONT YARD, SIDE YARD AND REAR YARD REGULA-
TIONS. Front yard, side yard and rear yard regulations are not
required except when an "M-1" District abuts residential districts
as outlined in Chapter 6.
SEC. 51-25-4. HEIGHT REGULATIONS. No building or struc-
ture shall be erected to a height in excess of eighty (80) feet.
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