001 of 1983 - Amendment of Section 51-6-8 Public Utilites in Residential and Foorhill Preservation Districts 0 82-63
SALT LAKE CITY ORDINANCE
No. 1_� _ of 198 3
(Public Utilities in Residential and Foothill
Preservation Districts)
AN ORDINANCE AMENDING SECTION 51-6-8 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, 1965, RELATING TO PUBLIC
UTILITIES IN RESIDENTIAL DISTRICTS, BY ADDING PROVISIONS RELATING
TO A TELECOMMUNICATION ZONE IN THE PRESERVATION "P-1 " DISTRICT.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1 . That Section 51-6-8 of the Revised Ordinances of
Salt Lake City , Utah, relating to public utilities in residential
districts, be , and the same hereby is amended by adding
subparagraph ( 2) adding a special exception for such use in the
"P-1 " District, and related amendments which shall read as
follows :
Sec. 51-6-8. Public Utilities in Residential and "P-1 "
Districts.
( 1 ) Special exception in residential districts. Where not
otherwise authorized by this title and after favorable
recommendation in writing by the Planning Commission and when in
its opinion the best interest of the community will be served
thereby, the Board of Adjustment may permit as an exception to
this title the use of land in a residentially zoned district
other than the "P-1 " zone for a public utility building,
electrical substation, radio or television relay station,
including necessary towers, and other similar public utilities
provided that in all such cases;
(a) From the evidence presented the Board finds that
it is essential in order to provide the area with adequate
electrical , gas, telephone, television or radio service.
(b) It is determined that due to certain peculiar
conditions, the facility could not be located outside the
residentially zoned district and properly serve the city.
(c) The building and site is designed to conform to
the residential character of the district.
(d ) All yard spaces as required for permitted use in
the district are provided.
(e) Adequate screening is provided by proper
landscaping and fencing where the facility is not within a
building .
( f) Such other conditions are met as may be deemed
necessary by the Board of Adjustment to protect the
character of the residential district.
Nothing in this section shall be interpreted as giving the
Board of Adjustment the authority to permit a privately owned or
operated commercial radio or television tower or station in any
residential district.
( 2 ) Special exception in "P-1 " district--Establishment of
Telecommunication Park.
(a) Designation of telecommunication park. Within the
-2-
Foothill Preservation "P-1 " District there is hereby set
aside a telecommunication park or corridor solely to
accommodate the public use of microwave, radio or other
telecommunication facilities, including towers and related
facilities, located north of Ensign Peak in Salt Lake
County, Utah, as shown on the attached map, hereinafter
known as official Map No. 1 . Said telecommunication park is
set aside for the purpose of channeling such public uses
into a viable and effective corridor which can be served by
existing roads to protect the character and natural terrain
of the foothills against unnecessary proliferation of sites
with related roads, grading, scarring, etc.
(b) Special exception in "P-1 " District. The Board of
Adjustment may permit upon a favorable recommendation from
the Planning and Zoning Commission, as a special exception
to this title, a permit to use land within the "P-1 "
District for a telecommunications facility, provided the
board finds:
1 . The facility is located within the Tele-
communication Park described above.
2 . The building site and access roads are
designed and constructed so as to minimally disturb and
blend into the natural foothill terrain.
3. The building or facilities are adequately
screened by landscaping compatible or enhancing to the
-3-
characteristics of the foothill terrain.
4. The applicant enters into an agreement to
sublease or otherwise make accommodations to its site
to encourage multiple use of sites where such use is
not unfeasible.
5 . Such other conditions which are deemed neces-
sary by the Board of Adjustment to protect or enhance
the character and natural terrain of the foothill
preservation "P-1 " District are satisfied.
(c ) City owned land within the Telecommunications
Park. City owned or controlled land within the Telecom-
munication Park shall be made available for public use for
telecommunication facilities by lease or sublease to appli-
cants requesting the same which have received conceptual
approval of a special exception permit under (b) above .
Title to such property shall be retained by the City to
assist the City in preserving for public use a site for such
facilities, and of preserving the esthetics and environment
of the foothills. Such an application involving a request
for City land must demonstrate; the space desired is within
and
said Park /is available for lease or involves accommodations
of the proposed facilities with existing facilities under a
sublease arrangement; and that applicant is willing to enter
into and be bound by terms of a lease agreement with the
City for such use that shall, among other things, incor-
-4-
M
porate any requirements of the Board. Final approval from
the Board in such cases shall be subject to and permits may
not be issued until such lease agreement has been consum-
mated. The amount of land to be leased shall be limited to
that which is necessary to accommodate the proposed faci-
lity, and shall require compatible multiple use to provide
availability for additional facilities within the Park.
(d) Nothing in this section shall be interpreted as
giving the Board of Adjustment the authority to permit a
privately-owned or operated commercial radio or telecommuni-
cation operation in any other area of the "P-1 " District
outside of the Telecommunication Park.
SECTION 2 . This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah,
this 4th day of January 1983
CHA RMAN
r�
ATTEST:
jITY R.,CORDER
Transmitted to Mayor on January 7, 1983.
Mayor 's Action: January 11, 1983
-5-
MAYOR
ATTEST:
A
T -CITY RECORDER
cm65 (S E A L)
BILL 1 of 1983
PUBLISHED: January 24, 1983.
-6-
Affidavit of Publication
,1r1('F(IF TTTAT4,
S S.
_....De�ra Miller....
AN
ReJSEDRORID NANCESaOF OS1G^I LgKEIOC TY UYAN,945
TRI CTS1 hBV TADID NG PRgVI SIONSSRELAI ItiG IOTA TELE
COMMUNICATION ZONE IN THE PRC-SERVATION "p-)'• Being first dilly sworn,deposes and says that he 1S legal
DISTRICT. advertising clerk of the DES :Rhfr NEWS, a daily
roe a waaifrad w ma eiro eoanc!I or Syt lake elro,uran:
SEcnoN,.owl beeHans,-ae Done ReylDrtllnan<esm (except Sunday) newspaper printed in the English
Salt lake City,Utah,relating to public mil ides In residenfial eis-
o-hrs,be,ana mesamsherebrrsamcdvbyadmrg4Ma,?;I language with general circulation i❑ Utah, and
m(z)addirp a special e.mien for suer nee in r�..P-t••
of=lrcL arW relaineer"""r"e,„.""'"'y"1'reac°sro"°ws' j published in Salt Lake City, Salt Lake County, in the
Ser..51!-g.PWNic U4111fles in Residential and"PI
"Districts. pC� C
(115pecial az 11C in restdentialdad,ids.VsNe totMr-' State of Utah.
Win 111horized by this tills and aHer favmabls recornrrenrlation 7 1 lJ /
IHrg.by Ms Planning Commission arM when in its opinion
MewtresP lMest aF the canmunity-will Ce served ltkrebYi the
Roard of Adiustmenf may permit as an exception fn this floe the
ns 1ofulClnaresidebnaBY=meddlmrlclmrrermanere••P-,•• That the legal notice of which a copy is attached hereto
in ror puplk utility Iwlldirg,eletlrical vubslaflma din or
nlnvislm lad tattoo,Iided a in o b rowers, .onset
similar pwilk marties promaee mane au such canes;
(a)From the evidence presented the Board finds mar it is
Ysaareial m order to provide the area with adaggale pledrl<al. Pub. S. I Ordinance No. 1 of 1983
!ms,rel,111 is determined ........-...............7.
_.._.......................1.......I..I...__............
...
fbl If is Bold hot Mat due fa certain peculiar conditis•.,
Me facinN coma lion b_IowRd ovhlde the reddenrlalh'roreN
district and properly carve tie city.
(<)The bulltlif1 and site is deslgne0 to mlrtorm to Me rest- ...................................................................
III
All
a'er of the disfrkt.
id)All Yard spaces as required for p:rmitted use in My tlis
fricf are provitletl. •
fe)Adequate srFeenirg is Wovided by proper IsNe,.olm ...................................................................
ant fend sMrere lR tacit IN is nth wlMln ahuildirg. .
(}I Such other emontion are men as they be deemed races-
r by Hg Board of Adiusiment to protect the etraraeter of fhs
resiNpnli.1 di strict.
Ncabba,
m Iwo shall be imerpretee ..............................................................................................................
Adiusinlennt iM'Whe iry to permit a privately lcwriMHur
•pe tad canm_acial gar ro or Mlevisipa toner'car sialim in any
reSiMnilal dkMr,
Toni-nuns c—lal Pa k#tun..."P-I"district Establishment of Tele-
Lil rhsipnatim of tnlectrnmunicatim park.Within the Fout-
hill rhu'llvvafionOi ,fd_f I e is hereby set aside a tale
jammunicalim park ar corridor solely fa accommodate the par was published In said newspaper on.........................................
tic us;of microwave,radio or Dinner felecommunicarion facilities,
ncluelrra towers and r lated facilities,located orYh f EnsiUn
P<ak in Salf lake County.Utah,as shown m the attacfred map,
jh rdinaner known as pm<ial Map No.I.Said Pelee«nmmiwrmn „7.an.,..24 J 28.3......
rzart is sef dame ror the twrnose m<hanrelirg such public uses .................................................................
info a viable and offeAa Tor 1 which can 4 n rvetl by nxiat a
inj roads fo pretest the character'antl ton terrain of the feat-
Irilis against unnecessary braloslarion of sires With relered roads.
—ion,eran'im.etc _............{....:...r.._r_...........:..:... "..-'!' .:..... ......
(b)Spocial e-pron in"P-)"DiOlicl.The hoard of Adiust Legal Advertising Clerk
Pl.ar ma f upne a favorable r adellon ham IN
annire 3rM Zonirq commission,as �mmial s'.—ta,to this
file,a .mn,ra•w Ie.nd:viMin tee^PIS''DLticl'cr a rcicmr
c limsfxility,provieed Meboar d firms: 'f
munl a
I.The Iacd,W is located wiMin the Talecomenoll.tim
Park Os ri etlaboYe. rlth day of
x.Ttke buud!fg sire afm access,raada are deais a and , ...._..................
Nor.,adsoasto ana hn,n,dislrub and blend Into the fore meflit$.......................................................
3.TN eppfnilt terrain.
Arne building or facilities are adequar. th screened by
la»dsr Pnremil;lo !eM enharrc111g to fM characfMis .,,..,,,._�,D. 19,,.,83
fks of the roomal terrain.
d.Thy appl Icant enters info an agreement to sublease or
n whuIs.make accormmodarions fo its site to encourage.
mulhp!e use M sites where such use is ror unfeasible.
5.Such order Adjustment
xto air are deemed necessary by
Her rao;.N na a,acme,to IN bet ,enhance the char-
-cter and natural tern din ofiM fooMilI presnrvafed'P.
r'uiiN arexati,d,
C I()Cir M I M 1h' ilia T 1 Park
vnsed lfl I xl f1 H T I - t Park .. ...... ... ... ............
n.n ns - ,o ,Or - Notary Public
W aippirca Ys ttnuest ng Me sanit
ymi<n nave ruceiyea<nrcepnrai d oval car d special e,r yptim '
Ir under(us above title to s�_prpperty shall be retained
piv ihs City I.assist ilia CIII in u rg tar public use a o
sire
j em..u<h facilifies,and of preservilgrhe esthetics antl envirm-
pf the IooMUls.Sudr as application Ivirg a request ror
sty lantl must dempnarratc thn aPa«d��rea is mm:aid
I Park and ailabls fm lease r Alves iced is ithin or
ITV.`M.Posetl facilities wIM oxisiilg facilities under a sublease
=11a'gemmf;arM Mar applicant is tiling 90 enter into one be
l ar terms m a lease l anI s wirh to
City lur such Ire
mar chalk amwg=,mugs. l re env rayuiremenis o/
the Board.Final approval from the 8mrd in such rases shall M
subi.t fp antl permits may not bs issued until such lease agree
menP has been consummated The amount of land to be leased
shall be limited fo H,at which is necessary to accommodate ms '
proposed facility,arzl shall rcouire xmpatime muHipls use fo ...
r—id leboil,for adoloonalfxifities wiMI,i Park.
(d)Nothilg in this v.Yim sha11 be interrxeled as nlvin„Hv'
Board of Adlusrment the auttgrity to cermif a privately-ownF'l nr
operated ram I radio telemmmuniel tun ration it
a other areamof hhe"P-I"Dktrid outside of one 1 ele,l nmuni:
ration Park.
SECTION 1.This wda—I s take eHM pm its first
Wbl nail
icafion.
Passed by the City Coca d of SaH l,;ke Ch,Ufa,,This 4M tl
day of January.IYdt.
!arrest:
CN4IRMAN
Ralnryn Marshah
rrammilroa to Me'
rx'm January
Mayor's Acrim:January 11,lag'±.
j Ted Wilwn
MavoR
ATTEST:
CITY Yn CORD ll
(SEA
RECORDER
(S F.A';
.
IU 1.L
BILL Ii..i'.:
n_M_