081 of 2001 - establishing an administrative review and hearing process for wireless telecommunication facilities 0 01-1
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SALT LAKE CITY ORDINANCE
No. 81 of 2001
(Establishing an administrative review and hearing process for wireless
telecommunication facilities requiring conditional use approval)
AN ORDINANCE AMENDING THE SALT LAKE CITY ZONING CODE FOR
THE PURPOSE OF ESTABLISHING AN ADMINISTRATIVE REVIEW AND
HEARING PROCESS FOR WIRELESS TELECOMMUNICATION FACILITIES
REQUIRING CONDITIONAL USE APPROVAL, PURSUANT TO PETITION NO.
400-00-64.
WHEREAS, the Salt Lake City Zoning Code currently indicates that certain
wireless telecommunications facilities require a conditional use permit, which can be
issued only by the Salt Lake City Planning Commission; and
WHEREAS, the Salt Lake City Planning Commission has determined that many
of these conditional use permits for wireless telecommunications facilities are relatively
routine and uncontested matters which could be appropriately and more expeditiously
handled through an administrative hearing process; and
WHEREAS, the Salt Lake City Council has determined that establishing an
administrative approval process for wireless telecommunications facilities which require
conditional use permits would be 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.40.090.E.1.a of the Salt Lake City Code shall be
and hereby is enacted to read as follows:
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.
SECTION 2. Section 21A.54.030.0 of the Salt Lake City Code shall be and
hereby is enacted to read as follows:
C. Administrative Consideration of Conditional Uses: Certain types of conditional
uses have been determined by the City to be low-impact and are hereby authorized to be
reviewed administratively according to the provisions contained in Section 21A.54.155 of
this Title. Conditional uses that are authorized to be reviewed administratively are:
1. Applications for low power wireless telecommunication facilities that are
listed as conditional uses in Section 21A.40.090.E of this Title.
SECTION 3. Section 21A.54.155 of the Salt Lake City Code shall be and hereby
is enacted to read as follows:
21A.54.155 Administrative Consideration of Conditional Uses:
The purpose of this Section is to establish an administrative hearing process for certain
categories of low-impact conditional uses as authorized by section 21A.54.030.0 of this
Title. Applications for administrative conditional use approval shall be reviewed as
follows:
A. Pre-Application and Application Requirements
1. Pre-Application Conference: The applicant shall first meet with a
member of the Salt Lake City Planning Division to discuss the application
and alternatives.
2. Community Council Review: The applicant shall meet with the respective
Community Council(s) pursuant to Chapter 21A.10.010.B of this Title.
3. Application: The applicant shall file an application and associated
application fees with the Planning Office on a form prescribed by the City
and consistent with Chapter 21A.54 of this Title. After considering
information received, the Planning Director or designee may choose to
schedule an administrative hearing or to forward the application to the
Planning Commission.
B. Administrative Hearing
1. Noticing and Posting Requirements: Notice of the proposed Conditional
Use shall be mailed to all applicable property owners and the property
shall be posted pursuant to Chapter 21A.10.020.B of this Title.
2. Administrative Hearing: After consideration of the information received
from the applicant and concerned residents, the Planning Director or
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designee may approve, approve with conditions, or deny the conditional
use request.
At the administrative hearing, the Planning Director or designee may
decline to hear or decide the request and forward the application for
Planning Commission consideration, if it is determined that there is
neighborhood opposition, if the applicant has failed to adequately address
the conditional use standards, or for any other reason at the discretion of
the Planning Director or designee.
The Planning Director may grant the conditional use request only if the
proposed development is consistent with the standards for conditional uses
listed in Sections 21A.54.080 and 21A.40.090.E.7 of this title.
C. Appeals
1. Objection to administrative consideration: The petitioner or any person
who objects to the Planning Director or designee administratively
considering the conditional use request may request a hearing before the
Planning Commission by filing a written notice at any time prior to the
Planning Director's scheduled administrative hearing on the conditional
use request. If no such objections are received by the City prior to the
Planning Director's administrative hearing, any objections to such
administrative consideration will be deemed waived. The notice shall
specify all reasons for the objection to the administrative hearing. Upon
receipt of such an objection, the matter will be forwarded to the Salt Lake
City Planning Commission for consideration and decision.
2. Appeal of administrative consideration: Any person aggrieved by the
decision made by the Planning Director or designee at an administrative
hearing may appeal that decision to the Salt Lake City Planning
Commission by filing notice of an appeal, explaining the reasons
therefore, within fourteen (14) days after the Planning Director's
administrative hearing.
SECTION 4. Effective Date. This ordinance shall become effect on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah, this 11th day of
December , 2001.
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CHRPERSON
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ATTEST AND COUNTERSIGN:
(Lt); & 91/1
CHIEF D PUT Y RE:O ER
Transmitted to Mayor on %•� "1! ' f
Mayor's Action: Approved. Vetoed.
OR
ATTEST AND COUNTERSIGN:
-
V ......_..
C IEF DEPUel C ER
MR\��11
(SEAL) ` `�� co, ,*4
Bill No. 81 of2001. '% _4/ ,
Published: 12-21-01 ` F' ' "�` �f le
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