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055 of 2011 - Wireless telecommunications antennas, facilities & equipment (Amending Title 21A) • 0 11-1 0 11-18 SALT LAKE CITY ORDINANCE No. 55 of 2011 (An ordinance amending certain sections of Title 21A of the Salt Lake City Code pertaining to wireless communications antennas) An ordinance amending certain sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2010-00045 pertaining to regulation of wireless communications antennas. WHEREAS,the Salt Lake City Planning Commission("Planning Commission")held a public hearing on April 27, 2011 to consider a request made by Salt Lake City Mayor Ralph Becker (petition no. PLNPCM2010-00045) to amend the text of sections 21A.40.090.E (Zoning: Accessory Uses, Buildings and Structures: Antenna Regulations: Wireless Telecommunications Facilities); 21A.60.020 (Zoning: List of Defined Terms); 21A.62.040 (Zoning: Definitions: Definitions of Terms); and 21A.62.050 (Zoning: Definitions: Illustrations of Selected Definitions) of the Salt Lake City Code to update the ordinance for consistency with state and federal regulations, to encourage less-visible communications structures,to streamline the review process for proposed structures and facilities meeting the purposes of this ordinance, and to clarify where wireless communications facilities may be located on a lot; and WHEREAS, at its April 27, 2011 hearing,the Planning Commission voted in favor of recommending to the City Council that the City Council amend the sections of Title 21A of the Salt Lake City Code identified herein; and WHEREAS, after a public hearing on this matter the City Council has determined that adopting this ordinance is in the City's best interests, NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending text of Salt Lake City Code section 21A.40.090.E. That section 21A.40.050.A of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Antenna Regulations: Wireless Telecommunications Facilities), shall be, and hereby is, amended to read as follows: E. Wireless Telecommunications Facilities; Low Power Radio Services Facilities: The purpose of this section is to address planning issues brought on by the rapid growth in demand for low power radio services. This section distinguishes low power radio from other broadcasting type telecommunication technologies and establishes provisions that deal with issues of demand, visual mitigation, noise, engineering, residential impacts, health, safety and facility siting. The requirements of this section apply to both commercial and private low power radio services. Low power radio services facilities include "cellular" or "PCS" (personal communications system) communications and paging systems. 1. Uses: The uses specified in table 21A.40.090E of this section, indicate which facility types are allowed as either a permitted or conditional use within specific zoning districts. Low power radio service facilities may be an accessory use, secondary use or principal use. a. Administrative Consideration Of Conditional Uses: Applications for low power wireless telecommunication facilities that are listed as conditional uses shall be reviewed according to the procedures set forth in section 21A.54.155 of this title. TABLE 21A.40.090E WIRELESS TELECOMMUNICATIONS FACILITIES Monopole With Antennas And Monopole With Antennas And Antenna Support Structure Less Antenna Support Structure Than 2 Feet Wide3 Greater Than 2 Feet Wide3 Wall Roof (District Height -60 Feet Or _ r District 60 Feet Or Lattice Mount3 Mount3 Limit But Not Exceeding Height Limit Exceeding j Tower To Exceed 60 The But Not To The Feet Maximum Exceed 60 Maximum I (Whichever Is Height Limit Feet Height Limit Less) Of The Zone (Whichever Of The Zone Is Less) Residential districts: R-1/12,000 P R-1/7,000 ! PI R-1/5,000 PI SR-3 . .-.P ..... 1. ...-..... .... R-2 I P' ( 1 RMF-30 I P I I I. RMF-35 Pt L - -I RMF-45 I P I C r - — T RMp-75 f P ( C r I Mixed use-residential/office districts: RB P' ,. R-MU P C RO P L Cotmnercial/manufacturing districts: I CN P' Fi CB r P C ra F ' CS I P P_ .- f i ( -_ CC P P P r C C- CSHBD P P -- P c Fc r— c I- CG P P P C C C D-1 I P IP_ i P I C C ._ C D 2 P — F P r— P i C C C , D-3 P j P P C C _ C D-4 P -f P P C C C G MU P P- f P C C C M 1 P P P I C ( P i C - C M-2 P i P P C P C C Special purpose/overlay districts: RP P C L_ BP P 1 P P C C C AG P' P' ( _ C C I C i AG-2 F' I_ P' I C C C AG-5 P' P' C C C AG-20 I P' ( P' C C C PL P _. I C PL-2 P I C Ul P [ P Cc c c z C 05 l C C El P P P 1 C C C MU P I C _ i ; Notes: P Permitted use C Conditional use 1. Allowed as a permitted use on a residential building consisting of 4 or more attached dwelling units and on nonresidential buildings.Zoning administrator approval is required to assure compliance to subsection E2a of this section. 2. New telecommunications towers are allowed outside the telecommunication corridor in the OS zone for public safety purposes only. 3. Co-location of a wireless telecommunication facility is allowed per subsection 21A.40.090.E.4. 2. Facility Types:Low power radio services facilities are characterized by the type or location of the antenna structure.There are seven(7)general types of such antenna structures:wall mounted antennas;roof mounted antennas;monopoles with antennas and antenna support structure less than two feet(2')in width;monopoles with antennas and antenna support structure greater than two feet(2')in width,lattice towers;stealth antennas;and utility pole mounted antennas.Standards for the installation of each type of antenna are as follows: a. Wall Mounted Antenna:The following provisions apply to wall mounted antennas: (1)Wall mounted antennas shall not extend above the wall line of the building or extend more than four feet(4')horizontally from the face of the building. (2)Antennas,equipment and the supporting structure shall be painted to match the color of the building or structure of the background against which they are most commonly seen.Antennas and the supporting structures on buildings should be architecturally compatible with the building.Whip antennas are not allowed on a wall mounted antenna structure. (3)Antennas mounted directly on existing parapet walls,penthouses,or mechanical equipment rooms,with no portion of the antenna extending above the roofline of such structures,shall be considered a wall mounted antenna, b. Roof Mounted Antenna:The following provisions apply to roof mounted antennas: (1)Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms and shall not extend more than eight feet(8') above the existing roofline of the penthouse or mechanical equipment room. (2)For antennas not mounted on a penthouse or mechanical equipment room,the antennas shall be mounted at least five feet(5')from the exterior wall of a building.For antennas mounted between five(5)and ten feet(10')from the exterior wall,the maximum height of a roof mounted antenna is directly proportional to the distance the antenna is set back from the exterior wall up to a maximum height of ten feet(10')above the roofline of the building to which the antenna is attached. Antennas shall be mounted at least five feet(5') behind any parapet wall. For antennas mounted between five (5) and ten feet (10')behind a parapet wall, the maximum height of the antenna is directly proportional to the distance the antenna is set back from the wall up to a maximum of ten feet(10') as measured from the top of the parapet wall. The antennas shall not extend more than fifteen feet (15') above the roofline of the building itself unless approved as a conditional use (see subsection 21A.62.050.H of this title). (3)Roof mounted antennas are permitted only on a flat roof. c. Monopole With Antennas And Support Structure Less Than Two Feet In Width: The total of each individual antenna structure mounted on a monopole shall not exceed two feet (2') in width. The maximum height of each individual antenna shall not exceed ten feet(10') in height (see subsection 21A.62.050.G of this title). In the case of co-location, when there is more than one antenna located on a monopole, all additional antenna structures shall not exceed the above referenced dimensions. No such antenna shall be located within one hundred sixty five feet (165') of a residential zone other than the R-MU district. d. Monopole With Antennas And Antenna Support Structure Greater Than Two Feet In Width: The maximum visible width of individual antennas and antenna mounting structures on a monopole shall not exceed eight feet (8')in height or thirteen feet(13') in width as viewed looking directly at the monopole at same elevation as the antennas and antenna mounting structure (see subsection 21A.62.050.F of this title). In the case of co-location, when there is more than one antenna located on a monopole, all additional antenna structures shall not individually exceed the above referenced dimensions. No such monopole shall be located within three hundred thirty feet (330') of a residential zone other than the R-MU district. e. Lattice Tower: The maximum visible width of individual antennas and antenna mounting structures on a lattice tower shall not exceed eight feet(8') in height or thirteen feet(13') in width (see subsection 21A.62.050E of this title). No such lattice tower shall be located within three hundred thirty feet(330') of a residential zone. f. Stealth Antennas: (1) A telecommunication antenna completely disguised as another object or otherwise concealed from view thereby concealing the intended use and appearance of the facility, shall be allowed in all zoning districts subject to meeting the provisions contained in tables 21A.36.020.B and 21A.36.020.0 of this title. The antenna shall conform to the dimensions of the object it is being disguised as and the location of the stealth facility shall be in concert with its surrounding. Examples of stealth facilities include, but are not limited to flagpoles,light pole standards or architectural elements such as dormers, steeples and chimneys.Final determination regarding stealth poles shall be made by the Planting Director based on these standards.The electrical equipment shall be located in accordance with subsection 21A.40.090.E.3. (2)Antennas Located Within Existing Structures Where There Is No Exterior Evidence Of The Antennas:Antennas located within an existing structure constructed prior to the effective date hereof shall be a permitted use in all zoning districts provided that: a. There shall not be any exterior evidence of the antenna or support structure. b. The Electrical equipment structure shall be located within the existing structure with no exterior evidence of existence,or in compliance with the location requirements as noted in subsection 21A.40.090.E.3 of this title. g. Utility Pole Mounted Antenna:Antennas on utility poles and associated electrical equipment shall be allowed subject to the following standards: (1)Antennas: (A)The antennas shall be located either on an existing utility pole or on a replacement pole in the public right of way,or in a rear yard utility easement. (B)On an existing pole,the antennas shall not extend more than ten feet(10') above the top of the pole. (C)The antennas,including the mounting structure,shall not exceed thirty inches(30")in diameter to be considered a permitted use.Antennas with an outside diameter greater than thirty inches(30")shall be a conditional use. (D)Antennas located in the public right of way shall be a permitted use and shall comply with the standards listed above. (E)Conditional use approval is required for antennas located in a rear yard utility easement in all residential,CN neighborhood commercial,PL public lands,PL-2 public lands,CB community business,I institutional, and OS open space zoning districts.Antennas located in a rear yard utility easement in all other zoning districts shall be a permitted use and shall comply with the standards listed above. (2)General Provisions: (A)The application shall include the signature of the authorized agent of the owner of the utility pole. (B)Antennas and equipment boxes on the utility poles shall be painted to match the pole to which it is attached to minimize visual impacts. (C)Generators or noise producing venting systems shall not be used. (D)Lighting for aircraft is prohibited except where required by federal law. (E)Electrical and utility cables between the utility pole and electrical boxes shall be placed underground. (F)Facilities in the public right of way shall be subject to any applicable franchise fees or lease agreements required by the city. 3. Electrical Equipment: a. Electrical Equipment Located In The Public Right Of Way,Front Yard Or Side Yard:Electrical equipment in the public right of way shall either be attached directly to the utility pole or placed underground. If the electrical equipment is attached to the pole,the boxes shall not be larger than thirty six inches(36")in height,twelve inches(12")deep and no wider than twenty inches(20").No more than five(5)such boxes shall be mounted on the utility pole to which it is attached(excluding the power meter and network interface box).The boxes shall be stacked vertically,one above the other,and shall be at least ten feet(10')above the ground.The power meter and network interface box may be installed below the ten foot(10')level. Electrical equipment in the required front or side yard shall be placed underground. Electrical equipment placed underground or on a utility pole in the public right of way shall comply with the requirements of the Salt Lake City engineering and transportation divisions. b. Electrical Equipment Located on Private Property:Electrical equipment shall be located in the rear yard,interior side yard,or within the buildable area on a given parcel. In the case of a parcel with an existing building,the electrical equipment shall not be located between the front and/or corner facades of the building and the street. Electrical equipment located in a residential zoning district,shall not exceed a width of four feet(4'),a depth of three feet(3'),or a height of four feet(4')to be considered a permitted use. Electrical equipment located in a CN, PL, PL-2, CB, I or OS zoning district shall not exceed a width of six feet (6'), a depth of three feet(3'), or a height of six feet (6')to be considered a permitted use. Electrical equipment exceeding the dimensions listed above shall be reviewed administratively as a routine and uncontested special exception per chapter 21A.52 of this zoning ordinance. Applications not receiving the consenting signatures of all property owners as required by chapter 21A.52 of this zoning ordinance shall be processed as a conditional use, pursuant to the standards set forth in this title. The electrical equipment shall be subject to the maximum lot coverage requirements in the underlying zoning district. 4. Co-location: Co-location of a wireless telecommunication facility on a previously approved wireless telecommunication service facility such as an existing building, structure, or antenna support structure, is allowed as a permitted use, provided: a. No increase in the height of the existing wireless telecommunication support structure is proposed; b. All aspects of the co-location improvements must be located within the previously approved fenced(lease) area; c. Compliance with the corresponding provisions set forth in 21A.40.090.E. 5. Height Limit: The height limit for monopoles and lattice towers shall be limited as per subsection E.1, table 21A.40.090.E, of this section. 6. Location And Minimum Setbacks: Monopoles with antennas and antenna support structure less than two feet (2') in width, monopoles with antennas and antenna support structure greater than two feet(2') in width and lattice towers shall be allowed only in the rear yard area of any lot. These structures shall not be located in a required landscaped area, buffer area or required parking area. 7. Area Limitations For Wall And Roof Mounted Antennas: A combination of both roof and wall mounted antennas are allowed on a building. The total area for all wall and roof mounted antennas and supporting structures combined shall not exceed the lesser of sixty(60) square feet or five (5)percent of the gross square footage of each exterior wall of a building. The total area is the sum of each individual antenna face and the visible portion of the supporting structure as viewed when looking directly at the face of the building. The total area for a roof mounted antenna shall apply to the closest exterior wall (see subsection 21A.62.050.J of this title). 8. Roof And Wall Mounted Antennas On Noncomplying Buildings That Exceed The Maximum Height Limit Of The Zoning District: If a building exceeds the maximum allowable height of the zoning district, roof or wall mounted antennas may be attached to the portion of the building that extends above the maximum height limit of the zoning district, if said antenna is listed as a permitted use in table 21A.40.090.E of this section. 9. Additional Conditional Use Requirements: In addition to conditional use standards outlined in chapter 21A.54 of this title, the following shall be considered by the planning commission: a. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures; b. Whether co-location of the antenna on the other existing structures in the same vicinity such as other towers,buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception; c. The location of the antenna in relation to existing vegetation, topography and buildings to obtain the best visual screening; d. Whether the spacing between monopoles and lattice towers creates detrimental impacts to adjoining properties. 10. Accessory Buildings To Antenna Structures: Accessory buildings to antenna structures must comply with the required setback,height and landscaping requirements of the zoning district in which they are located. Monopoles shall be fenced with a six foot(6') chainlink fence and the climbing pegs removed from the lower twenty feet(20') of the monopole. All power lines on the lot leading to the accessory building and antenna structure shall be underground. 11. Historic District: Any antenna proposed for a location within a historic district or on landmark site is subject to approval through the historic landmarks commission as contained in chapter 21A.34 of this title. 12. Permission Required For Antennas And Mounting Structures On Or Over A Public Right Of Way: Antennas and mounting structures encroaching on or over the public sidewalk or on or over a public right of way shall be subject to obtaining permission from the city pursuant to the city's rights of way encroachment policy. 13. Location on City-owned Property or Land Zoned as Open Space: Telecommunication facilities proposed to be located on City-owned property or on any property located within an open space zoning district or subject to the City's Open Space Lands Program must obtain approvals from appropriate agencies governing such properties. 14. Non-maintained Or Abandoned Facilities: The building official may require each non-maintained or abandoned low power radio services antenna to be removed from the building or premises when such an antenna has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure within thirty(30) calendar days after notice of non-maintenance or abandonment is given to the owner, person having control or person receiving the benefit of such structure. SECTION 2. Amending text of Salt Lake City Code section 21A.60.020. That section 21A.60.020 of the Salt Lake City Code(Zoning: List of Terms: List of Defined Terns ), shall be, and hereby is, amended, in pertinent part, such that the following term shall be added and inserted alphabetically into that section: Antenna, stealth. SECTION 3. Amending text of Salt Lake City Code section 21A.62.040. That section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Tenns), shall be, and hereby is, amended, in pertinent part, such that the following definition shall be added and inserted alphabetically into that section: ANTENNA, STEALTH: An antenna completely disguised as another object, or otherwise concealed from view, thereby concealing the intended use and appearance of the facility. Examples of stealth facilities include,but are not limited to flagpoles, light pole standards or architectural elements such as dormers, steeples and chimneys. SECTION 4. Amending text of Salt Lake City Code section 21A.62.050.J. That section 21A.62.050.J of the Salt Lake City Code(Zoning: Definitions: Illustrations of Selected Definitions), shall be, and hereby is, amended such that the illustration and accompanying text pertaining to Wall Mounted Antennas shall read and appear as shown in Exhibit"A"hereto. SECTION 5. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 20th day of September 2011. 10 Lkt-Ye - CIIAIRPERSON '' EST AND COUNT IGN: ITY RECO -12/6"(--...NN Transmitted to Mayor on September 21, 2011 . Mayor's Action: x Approved. toed. • MAY R (SEAL) ? OIY ;��' ,�! APPROVED AS TO FORM i,�ti'�-• 'Gam\ Salt Lake City Attomey's Office iwitq '!'�, i$ Date: 20// Bill No. 55 of 2011. ' F :4- ' v A.@ ; ? ��,:: y By: Published: October 1, 2011. 'r�\{I .- :'Q y I P ul C.Niels nior GttyAttorney ORA'i„-. HB_A7TY-#17803-v2-Ordinance_amending_antenna_regulations.D.r�"4"** Exhibit A — Figure 1 — Wall Mounted Antennas Antennas Mechanical Equipment ---- „' ,- „=t ' Maximum Distance Room, •-"` L. 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Area Measurement: re f L Maximum area coverage for any _ x: Combination of Wall or Roof Mounted Antenna is the Lessor of 60 square feet or 5 percent of the gross square footage of each exterior wall as Measured Around Each Individual Antenna and Supporting Structure as Viewed Looking Directly at the WALL MOUNTED ANTENNAS Antennas. Figure 1