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093 of 1999 - Amending Salt Lake City Code Regarding0 99-1 0 99-30 SALT LAKE CITY ORDINANCE No. 93 of 1999 (Amending Salt Lake City Code Regarding Wireless Telecommunications Facilities) AN ORDINANCE AMENDING THE SALT LAKE ZONING CODE REGARDING THE LOCATION OF WIRELESS TELECOMMUNICATIONS FACILITIES. WHEREAS, the increasing use of cellular telephones, new wireless telecommunications and increased federal licensing of communication channels is anticipated to create a significant increase in the number of applications for land use permits for the siting of cellular towers, cell sites and antennas, and other facilities necessary for wireless services communication facilities, including facilities for the transmission and reception of radio or microwave signals used for communication (hereinafter "Wireless Telecommunications Facilities") that is expected to continue indefinitely; and WHEREAS, the antennas and electrical equipment used by the wireless telecommunications industry have become smaller and therefore more conducive to allowing facilities in more sensitive zoning districts; and WHEREAS, the land use regulations currently in effect in the City do not provide sufficiently definitive criteria with which the City can address the concerns of City residents and properly evaluate and condition the siting of Wireless Telecommunications Facilities on City owned property or within the public right-of-way; and WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings before its own body and before the Planning Commission that portions of the Salt Lake City Zoning Code which relate to the siting of Wireless Telecommunications Facilities should be amended, and that such 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.40.090.E.2.f and g of the Salt Lake City Code shall be and hereby are entered to read as follows: f. Wireless Telecommunication Antennas Located on Utility Poles: Antennas on utility poles and associated electrical equipment shall be allowed subject to the following standards: i. 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 (10) feet above the top of the pole. (C) If the utility pole is replaced to accommodate the antennas, the replacement pole shall not be more than 10 feet higher than the existing pole. If the replacement pole exceeds the height of the existing pole, the antennas shall be mounted to the sides of the pole and shall not extend above the top of the pole. Replacement of a utility pole requires conditional use approval. (D) The antennas, including the mounting structure, shall not exceed twenty four (24) inches in diameter to be considered a permitted use. Antennas with an outside diameter between twenty- four (24) and thirty (30) inches shall be a conditional use. Antennas exceeding thirty (30) inches shall not be allowed. (E) If the antennas and mounting structure are narrower than the top of the utility pole, stealth shielding of the antennas shall be used to make the antennas appear as a vertical extension of the pole. (F) Antennas located in the public right-of-way shall be a permitted use and shall comply with the standards listed above. (G) Conditional use approval is required for antennas located in a rear yard utility eap nent in all Residential, Neighborhood Commercial "CN", Public Land "PL", rnsr-eial Business "CB", Institutional "I" and Open Space "OS" zoning districts. Antennas located in a rear and utility easement in all other zoning districts shall be a permitted use and shall comply with the standards listed above. ii. 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 36 inches in height, 12 inches deep and no wider than 20 inches. 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 10 feet above the ground. The power meter and network interface box may be installed below the 10 foot 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 in the rear yard area in all residential, Neighborhood Commercial "CN", Public Land "PL", Commercial Business "CB", Institutional "I" and Open Space "OS" zoning districts. Electrical equipment located in the rear yard area of a lot in a residential zoning district, shall not exceed a width of four (4) feet, a depth of (3) feet, or a height of four (4) feet to be considered a permitted use. Electrical equipment located in the rear yard area of property located in a "CN", "PL", "CB", "I" or "OS" zoning district shall not exceed a width of six (6) feet, a depth of (3) feet, or a height of six (6) feet 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 the zoning ordinance. Applications not receiving the consenting signatures of all property owners as required by Chapter 21A.52 of the zoning ordinance shall be processed as a conditional use, pursuant to the standards set forth in this Title. The electrical equipment located in a rear yard shall conform to the lot area, coverage and location requirements for an accessory structure in the underlying zoning district. (C) Electrical equipment located in the rear yard area of all zoning districts other than those listed in 21A.40.090.E.2.f. ii.(B) shall be allowed where a principal or accessory structure is allowed and shall be subject to the applicable zoning standards for such a structure. iii. 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 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. g. Flag Poles. Telecommunication antennas disguised as flag poles shall be allowed in all non-residential zoning districts subject to meeting the provisions contained in Table 21A.36.020.B and Table 21A.36.020.C. The pole shall appear and function as a flag pole. The electrical equipment shall be located on the lot where an accessory structure is allowed and is subject to meeting all the applicable requirements for such a structure in the underlying zoning or overlay district. All electrical wiring and cables to the pole shall be placed underground. SECTION 2. Section 21A.40.090.E.6 of the Salt Lake City Code shall be and hereby is amended to read as follows: 6. 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, wall mounted antennas may be attached to the portion of the building that extends above the maximum height limit of the zoning district. If a roof mounted antenna is listed as a permitted use in Table 21A.40.090.E, and the building extends above the maximum height limit of the zoning district, conditional use approval is required. SECTION 3. Section 21A.40.090.E.12 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 12. 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 of this ordinance] 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 an appropriate location for an accessory structure in the rear yard area. SECTION 4. The table located at Section 21A.40.090.E of the Salt Lake City Code entitled "Wireless Telecommunications Facilities" shall be and hereby is amended to read as set forth in Exhibit A attached hereto. SECTION 5. Effective Date. This ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 16th ,a of November 1999. CQ. CHAI ATTEST AND COUNTERSIGN: IEF DEPUTY CIT ' : CORDER Transmitted to Mayor on November 16, 1999 . Mayor's Action: xxx Approved A EST AND COUNTERSIGN: CHIEF DEPUTY CITY ' : CORDER (SEAL) Bill No. 93 of 1999. Published: November 24, 1999 . G.\ordina99\Wireless Telecommunication Facilities clean doc Vetoed. MAYOR EX412 t r A Table 21A.40.090E WIRELESS TELECOMMUNICATIONS FACILITIES ZONING FOR TELECOMMUNICATIONS FACILITIES Wall Mount Roof Mount Monopole With Antennas And Antenna Support Structure Less Than 2 Feet Wide Monopole With Antennas And Antenna Support Structure Greater Than 2 Feet Wide Lattice Tower District Height Limit But Not To Exceed 60 Feet (Whichever Is Less) 60 Feet Or Exceeding The Maximum Height Limit Of The Zone District Height Limit But Not To Exceed 60 Feet (Whichever Is Less) 60 Feet Or Exceeding The Maximum Height Limit Of The Zone R-1 / 12,000 1 P R-1/7,000 1 P R-1/5,000 1 P SR-1 1 P SR-3 1 P R-2 1 P RMF-30 1 P RMF-35 1 P RMF-45 P C RMF-75 P C Mixed Use - Residential/Office Districts RB 1 R-MU RO 1 P Commercial/Manufacturing Districts CN 1 CB P C CS P P CC P P P C C C CSHBD P P P C C C CG P P P C C C C D-1 P P P C C C D-2 P P P C C C D-3 P P P C C C M-1 P P P C P C C M-2 P P P C P C C Special Purpose/Ove]rlay Districts RP P C BP P P P C C C AG 1 1 P C C C A P P P P P C C PL P C I P C UI P P C C C 2 OS C C C C C EI P P P C C C Notes: P Permitted use. C Conditional use. 1. Allowed as a permitted use on a residential building consisting of four (4) or more attached dwelling units and on non-residential buildings. Zoning Administrator approval is required to assure compliance to Section 21A.40.090E.2.a. 2. New telecommunications towers are allowed outside the telecommunication corridor in the OS Zone for public safety purposes only.