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021 of 2008 - Amending and enacting provisions related to Utility Installations in Title 21A 0 08-1 0 08-4 SALT LAKE CITY ORDINANCE No. 21 of 2008 (Amending and Enacting Provisions Related To Utility Installations in Title 21A) AN ORDINANCE AMENDING SECTION 21A.02.050, SALT LAKE CITY CODE, PERTAINING TO APPLICABILITY, TABLE 21A.24.190, SALT LAKE CITY CODE, PERTAINING TO PERMITTED AND CONDITIONAL USES FOR RESIDENTIAL DISTRICTS, TABLE 21A.26.080, SALT LAKE CITY CODE, PERTAINING TO PERMITTED AND CONDITIONAL USES FOR COMMERCIAL DISTRICTS, TABLE 21A.30.050, SALT LAKE CITY CODE, PERTAINING TO PERMITTED AND CONDITIONAL USES FOR DOWNTOWN DISTRICTS, TABLE 21A.31.050, SALT LAKE CITY CODE, PERTAINING TO PERMITTED AND CONDITIONAL USES IN THE GATEWAY DISTRICT, TABLE 21A.32.140, SALT LAKE CITY CODE, PERTAINING TO PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS, TABLE 21A.36.020(B), SALT LAKE CITY CODE, PERTAINING TO OBSTRUCTIONS IN REQUIRED YARDS, AND ENACTING SECTION 21A.40.160, SALT LAKE CITY CODE, PERTAINING TO GROUND-MOUNTED UTILITY BOXES, PURSUANT TO PETITION NO. 400-06-35. WHEREAS, the Planning Commission and the City Council of Salt Lake City, Utah, have held public hearings and have taken into consideration citizen testimony, filing, and demographic details of the area, the long range general plans of the City, and the local master plan as part of their deliberation. Pursuant to these deliberations, the City Council has concluded that the proposed amendments are in the best interest of the City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21A.02.050 of the Salt Lake City Code, pertaining to applicability be, and hereby is, amended to read as follows: ............. .. . .. �..__.. ..__..-..-.o-•.»«.+a ":.,..+rm`an,...«.s mcw+eu, n'_,.r a eA ti.:.c8 ig a' s.,nsw,.a.,. ,,.,...=..n. 21A.02.050 Applicability: A. General Applicability: The provisions of this Title shall apply to all of the land area within the corporate limits of Salt Lake City, as indicated on the Zoning Map as provided in Chapter 21 A.22 of this Title. Except as expressly provided in this Title, no development shall be undertaken without prior zoning approval pursuant to the provisions of this Title. B. Exemptions: The following properties, uses and structures shall, to the extent provided by law, be exempt from the regulations of this Title: 1. Properties Of The State Of Utah Or Federal Government: Properties owned and occupied by the State of Utah or the United States. Where laws applicable to such properties require the property owner to take reasonable steps to comply with local regulations, this exemption shall not be construed to abrogate that requirement. 2. Utility Installations: Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or storm water when owned, operated and/or maintained by a governmental entity or a public utility. Such installations shall comply with Federal Communications Commission and Federal Aviation Administration rules and regulations and those of other authorities having jurisdiction. This exemption shall not apply to Section 21 A.40.160 (Ground-Mounted Utility Boxes) of this Title 3. Railroad Facilities: Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right of way, and maintenance and repair work on such facilities and equipment. 2 .. .... .. .. ._,..._.+-......«.r-+-e+v,.c CBI C' ^ef,,.B/P •#` - N" ..`.n.x+nawax.rc-..,_.. SECTION 2. That the table, entitled Table of Permitted and Conditional Uses for Residential Districts, which is located at 21A.24.190 of the Salt Lake City Code, shall be, and hereby is, amended to read as set forth in the attached Exhibit A. SECTION 3. That the table, entitled Table of Permitted and Conditional Uses for Commercial Districts, which is located at 21A.26.080 of the Salt Lake City Code, shall be, and hereby is, amended to read as set forth in the attached Exhibit B. SECTION 4. That the table, entitled Table of Permitted and Conditional Uses for Downtown Districts, which is located at 21A.30.050 of the Salt Lake City Code, shall be, and hereby is, amended to read as set forth in the attached Exhibit C. SECTION 5. That the table, entitled Table of Permitted and Conditional Uses in the Gateway District, which is located at 21A.31.050 of the Salt Lake City Code, shall be, and hereby is, amended to read as set forth in the attached Exhibit D. SECTION 6. That the table, entitled Table of Permitted and Conditional Uses for Special Purpose Districts, which is located at 21A.32.140 of the Salt Lake City Code, shall be, and hereby is, amended to read as set forth in the attached Exhibit E. SECTION 7. That the table, entitled Obstructions in Required Yards, which is located at 21A.36.020(B) of the Salt Lake City Code, shall be, and hereby is, amended to read as set forth in the attached Exhibit F. SECTION 8. That Section 21A.40.160 of the Salt Lake City Code, pertaining to ground- mounted utility boxes be, and hereby is, enacted as follows: 3 21A.40.160 Ground-Mounted Utility Boxes. All ground-mounted utility boxes shall be subject to the following regulations unless exempted within Section 21A.02.050 (Applicability) or where limited by other provisions of this Title. A. Ground-Mounted Utility Boxes. Ground-mounted utility boxes shall mean such facilities, including pedestals, boxes, vaults, cabinets, meters or other ground-mounted facilities and associated equipment such as condensing units and generators that directly serve the property or local area in which the facility is placed, that are not primarily for transmission or distribution to other locations, or otherwise are customarily found in such areas. 1. Ground-mounted utility boxes are separated into three tiers: small, medium and large. a. Small ground-mounted utility boxes are equal to or less than fifteen cubic feet (15 cu. ft.) in volume with a limit of forty-eight inches (48") in height. b. Medium ground-mounted utility boxes are equal to or greater than fifteen cubic feet(15 cu. ft.) in volume and equal to or less than forty cubic feet(40 cu. ft.) in volume with a limit of sixty inches (60") in height. c. Large ground-mounted utility boxes exceed 40 cubic feet (40 cu. ft.) in volume with a limit of seventy-two inches (72") in height. 2. Residential districts and Neighborhood Commercial (CN), Mixed Use (MU), Mobile Home Park (MH), and Open Space (OS) districts are subject to the following requirements: a. Small ground-mounted utility boxes shall be considered routine and uncontested matters as outlined in Chapter 21A.14 of this Title, subject to the following standards: 4 i. Screen Standards. The intent of these screening standards is to minimize negative visual impacts while taking into consideration maintenance, access, and public safety. (A) Screening materials are to be provided in a manner that minimizes the visual impact of the utility installation but also addresses crime prevention through environmental design (CPTED) principles of maintaining views of the subject area from public locations such as sidewalks and streets. (B) Solid or opaque screening materials are permitted when part of an existing design element of the site. ii. Location Standards. (A) Location does not block views within sight distance angles of sidewalks, driveways and intersections. (B) Located to minimize blocking views from and of the principal structure(s). iii. The Zoning Administrator shall require the signatures of all abutting property owners, including property owners across the street, in the regular process for considering any routine and uncontested matters relating to small ground-mounted utility boxes. iv. The affected Community Council will be notified of the request and of the Administrative Hearing, if applicable. b. Medium or large ground-mounted utility boxes, shall be processed as conditional uses subject to Chapter 21A.54 of this Title. 5 • 3. Commercial, Downtown, Manufacturing, Gateway and Special Purpose Districts other than those listed in subsection 21A.40.160(2) herein shall be subject to the following requirements: a. Small ground-mounted utility boxes shall be considered permitted uses. b. Medium or large ground-mounted utility boxes when located on private property in Commercial, Downtown, Gateway, Manufacturing, and some Special Purpose Districts (all except Natural Open Space, Mixed Use, Mobile Home Park, and Open Space districts) shall be considered routine and uncontested matters as outlined in Chapter 21A.14 of this Title, and shall be subject to the screening, location, and administrative review standards of subsections 2(a)(i)-(iii) of this Section. 4. All ground-mounted utility boxes not subject to Section 21A.40.160(A)(1), (2) and (3) of this Section shall be processed as conditional uses subject to Chapter 21A.54 of this Title. 5. In addition to subsection 2(a) and 3 of this Section, any ground-mounted utility box located within an area subject to Section 21A.34.020 Historic Preservation Overlay District(H) shall require Certificate of Appropriateness review and approval with respect to location and screening. SECTION 9. Effective Date. This Ordinance shall become effective on the date of its first publication. 6 a, „ - -, ....«w..,...,,...,.,_. Passed by the City Council of Salt Lake City, Utah this 6th day of May 2008. rjUL CHAIRPERSON AT EST: F DEPUTY CIT RECO GER l 4 '!a. Transmitted to Mayor on May 14, 2008 � � .ti�v-� A"� Mayor's Action: x Approved. Vetoed. MA •R CHI DE TY C Y RECb ER / CITE_% �. APPROVED AS TO FORM ivy• •G�•,� •a • � r �/r �.,• , , Date u (SEAL) � � qi . By '/11B1M.I*!' • v A Bill No. 21 of 2008. "►rh� .�' Published: May 24, 2008 . HB_ATTY-#4246-v 1-Amending_and_enacting_provisions_related_to_utility_installations_in_Title_21 A_-_05-13-08.DOC 7 EXHIBIT A 21A.24.190 Table of Permitted and Conditional Uses For Residential Districts R- R- USE FR-1/ FR-2/ FR-3/ R-1/ R-1/ R-1/ RMF- RMF- RMF- RMF- MU- MU- 43,560 21,780 12,000 12,000 7,000 5,000 SR-1 SR-2 SR-3 R-2 30 35 45 75 RB 35 45 R-MU RO Public/private P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5,9 utility buildings and structures5 I I 4 I 1 t 73 EXHIBIT B 21A.26.080 Table of Permitted and Conditional Uses For Commercial Districts USE CN CB CC CS CSHBD CG TC-75 Public/private utility buildings and structures2 P2 P2 P2 P2 P2 P2 P2 EXHIBIT C 21A.30.050 Table of Permitted and Conditional Uses For Downtown Districts USE D-1 D-2 D-3 D-4 Public/private utility buildings and structures' P' P' P' P' 1 Qualifying Provisions: 1. Subject to conformance to the provisions in 21A.02.050B of this title. • 1 t it EXHIBIT D 21A.31.050 Table of Permitted and Conditional Uses For Gateway Districts USE G-MU Public/private utility buildings and structures' P' Qualifying Provisions 1. Subject to conformance to the provisions in 21A.02.050B of this title. a• 4