Tech Lake City: Zoning Updates

Salt Lake City is experiencing rapid growth and the tech industry is a major contributor that growth. The tech industry changes rapidly and has shown the ability to change how people produce goods, how we work, how we socialize, and how we use data. The city's zoning code doesn't change at nearly the same rate as the tech industry and as a result has become a barrier to tech related industries, most notably the bio-medical field of research and production of materials used in the research, diagnosis, and treatment of health related illnesses. The purpose of this code amendment is to update the tech-related land use definitions and expand where those uses can be located in the city. This is a collaborative project between the Planning Division and the Department of Economic Development.

This proposal will add the following definitions to the code. Definitions are used to determine how to classify a business and to determine where in the city the business can locate. Two new land use definitions will be added: Bio-Medical Facility and Technology Facility. These uses are intended to be general definitions. That means that they are intended to fit a range of uses. A general definition will provide a range of activities that may be part of a business and is supposed to be broadly interpreted.

Bio-medical facility: A land use that performs research and development functions related to the field of medicine and the production of biologic, biomedical, or pharmaceutical products.. A biomedical facility may include laboratories for the purpose of research, testing, and the development of medical treatments as well as the manufacturing of biologic, biomedical, or pharmaceutical products. A bio-tech facility is not intended to include hospitals, health care facilities, medical incinerators, or medical offices and is not intended to be interpreted to apply to more specific uses listed in the tables of permitted and conditional uses.

Bio-medical land uses are proposed to be located in a variety of zoning districts ranging from light industrial areas to mixed-use areas of the city. The map indicates where in the city bio-medical uses will be permitted uses. The zoning districts that were selected were chosen due to the purpose and intensity of the zoning district and the proximity to restaurants, retail, entertainment, and mix of housing types nearby. The existing land uses that are allowed in each zoning district were also considered to ensure that the benefits and the impacts of biomedical uses were similar to other uses allowed in the zoning district.

Bio-medical uses do carry the potential to generate impacts that may be more than what is expected compared to other uses. Some bio-medical uses do produce radioactive wastes if the nature of the use is involved in nuclear medicine. This waste is often in relatively small amounts and is similar to the level of radioactive waste produced by a hospital that has a nuclear medicine function. Radioactive waste is heavily regulated at the state and federal level. However, to reduce the exposure to nearby residents, this proposal includes prohibiting bio-medical uses that produce radioactive waste from locating close to zoning districts that allow residential uses.

The areas in blue on the map below are where bio-medical land uses may be located. You can zoom in on the map to see more details. Most of the area, particularly west of Redwood Road, is zoned M-1 Light Industrial. The M-1 zoning district occupies more land in the city than any other zoning district. Bio-medical uses tend to have low impact on air quality and may be less polluting land uses compared to other land uses in the M-1 zoning district.

Technology Facility: A land use that is engaged in research, development, production, service, and related functions that use technology to produce, deliver, or maintain data, information, equipment, computers and related accessories, or services to others.  A technology facility is not intended to include bio-medical facilities or research and development facility and is not intended to be interpreted to apply to more specific uses listed in the tables of permitted and conditional uses. 

Technology facilities generally operate fully within enclosed buildings and in urban areas with a mix of land uses. Some types of technology facilities require large, open spaces within buildings. The factors that were used to determine where these uses could be located include the proximity to transit, the mix of uses within a given area, the purpose and nature of specific zoning districts, and the proximity to amenities that contribute to a high quality of life such as open space and recreation facilities, cultural facilities, entertainment, restaurants, a mix of housing types, and transportation options. Adopted city plans were also considered to help identify areas where the quality of life amenities listed above are expected to be located in the future.

Technology Facilities are proposed to be permitted uses in the zoning districts shown in purple on the map below and in the table that follows the map.

Please not that the RP Research Park zoning district is currently only located directly south of the University of Utah campus and is not subject to the City's zoning regulations because it is state land. However, the city is required by State Law to zone all land within the city and land owned by the State of Utah is at least required to consult the city about future development. For that reason, the RP zoning district is being maintained and updated as needed.

This proposal includes consolidating some defined land uses to simplify the uses and remove confusion caused by similar uses. The primary purpose of these changes are to clean up existing definitions in the zoning code that are closely related and creates conflicts in the code. The changes are included in this proposal because the definitions are related to the bio-medical facility and technology facility definitions.

The zoning code currently lists multiple uses related to medical laboratories and research laboratories. The land use table allows the uses in different zoning districts even though the uses are substantially the same. The defined uses "Laboratory, medical, dental, optical" and "Research, dental laboratory" will be combined into one use. The new definition will read:

Laboratory, medical related: a land use that performs research and analysis of medical tests and biologic samples collected for the purpose of medical diagnosis. The use includes the production of medical devices ordered by a health care practitioner. The use does not include biomedical uses or uses that are more specifically defined by this code.

The zoning districts where the new use will be allowed will match where the two existing uses are currently allowed by the zoning code. The use will be expanded to be a permitted use in the CB Community Business and CSHBD zoning districts 1 and 2. The zoning districts where the use is allowed are shown in orange on the below map.

The zoning code includes two definitions for "laboratory testing" and "research and development facility" that are fairly similar. The definition of research and development facility will be expanded to include laboratory testing. Laboratory testing will be deleted from the zoning code. Laboratory testing differs from medical laboratories in that this type of facility tests the characteristics of finished products to ensure compliance with applicable regulations, such as testing the ability of a bike helmet to reduce injury. A research and development facility is typically involved in the development of new products (such as a prototype) and testing those products to determine certain characteristics. These uses are typically done inside of enclosed buildings and do not generally produce nuisances or impacts that are greater than an office building. In fact, there is a testing laboratory located in an RB zoning district on 1100 East.  

The proposed definition for "research and development facility" is:

Research and Development Facility: A structure or group of structures used primarily for applied and developmental research. The use may include testing to determine the physical qualities of already manufactured materials or materials used in the manufacturing of a prototype. The functions and activities related to the research and development are intended to occur inside enclosed buildings and not produce nuisances. This use does not include biomedical uses, light manufacturing, or other specific land uses defined by this code.   

The zoning districts where this use would be allowed are shown in red on the map below.

The public engagement period for this amendment will be open through July 31, 2021. Any comments can be submitted by clicking on the button below

After that date, all of the public comments will be analyzed and the proposal will be updated based on public input and departmental review. Once the updates are complete, the proposal will be scheduled for a public hearing with the Planning Commission. The public hearing is tentatively scheduled for August 25, 2021.

You can also comment and ask questions through email by emailing the Planning Director, Nick Norris, at nick.norris@slcgov.com