Proposed Ordinance - 11/10/2022SALT LAKE CITY ORDINANCE
No. _____ of 2022
(An ordinance amending Subsection 21A.40.090.E.2.f of the
Salt Lake City Code pertaining to stealth wireless antennas)
An ordinance amending Subsection 21A.40.090.E.2.f of the Salt Lake City Code pursuant
to Petition No. PLNPCM2020-00284 pertaining to stealth wireless antenna regulations.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on December 8, 2021 to consider a petition submitted by Pete Simmons
representing Cellco Partnership (d/b/a Verizon Wireless) (Petition No. PLNPCM2020-00284) to
amend Subsection 21A.40.090.E.2.f (Zoning: Accessory Uses, Buildings and Structures:
Antenna Regulations) of the Salt Lake City Code to modify regulations pertaining stealth
wireless antennas; and
WHEREAS, at its December 8, 2021 meeting, the Planning Commission voted in favor
of transmitting a negative recommendation to the Salt Lake City Council (“City Council”) on
said petition; and
WHEREAS, notwithstanding the Planning Commission recommendation, the City
Council finds that these amendments are in furtherance of public safety and compliance with
federal communications laws; and
WHEREAS, following 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 the text of Salt Lake City Code Subsection 21A.40.090.E.2.f.
That Subsection 21A.40.090.E.2.f of the Salt Lake City Code (Zoning: Accessory Uses,
Buildings and Structures: Antenna Regulations) is amended to read as follows:
f. Stealth Antennas: Examples of stealth antennas include, but are not limited to, flagpoles,
light pole standards or architectural elements such as dormers, steeples and chimneys.
Final determination regarding whether a structure qualifies as a stealth antenna shall be
made by the planning director based on these standards. The electrical equipment shall be
located in accordance with Subsection E.3 of this section.
(1) Stealth antennas shall be permitted in all zoning districts subject to meeting the
provisions contained in Section 21A.36.020, Tables 21A.36.020.B and 21A.36.020.C
of this title provided that:
(A) The stealth antenna is substantially disguised as another object or otherwise
concealed from view so that the antenna is not readily apparent.
(B) The stealth antenna reasonably conforms to the expected dimensions of the object
it is being disguised as if that object were to be located on the subject property.
(C) The stealth antenna shall be located in an area of the property where it is
reasonable to expect the object that the antenna is being disguised as to be
located.
(D) A stealth antenna shall not exceed the maximum building height of the zoning
district except for any allowed height encroachment authorized in 21A.36.020C
Height Exceptions.
(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 or
be located and/or screened where it is not visible from public rights of way or
neighboring properties, or in compliance with the location requirements as noted
in Subsection E.3 of this section.
(3) Additional Provisions for Stealth Antennas in the PL Public Lands District. In
addition to the standards in Subsections (1) and (2) above, a stealth antenna as a
stand-alone structure is permitted up to a height of 75 feet when located on property
that is used for public safety purposes subject to complying with the following
provisions:
(A) Shall be disguised as art or a tree;
(B) If disguised as art, the pole that supports the antennas shall be wrapped or painted
as art and all antennas shall be substantially hidden from view as part of the art.
(C) If disguised as a tree, the pole shall be painted brown or green and the synthetic
tree branches shall be either pyramidal or columnar shape to form a common tree
shape. Antennas shall be painted to match the design of the tree branches and
pole.
(D) The stealth antenna must comply with the minimum yard setbacks of the PL
zoning district as provided in Subsection 21A.32.070.E.2.
(E) Installation of the stealth antenna shall not require the removal of an existing tree
to accommodate the antenna structure.
SECTION 2. 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 ______ day of ______________,
2022.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2022.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
November 9, 2022