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HomeMy WebLinkAboutLegislative Version Ordinance - 8/7/2025 V2 Project Title: Zoning Text Amendments - Utility Installation Exemptions 21A.02.050.B.2 Petition No.: PLNPCM2024-01352 Version: 1-A Date Prepared: July 23, 2025 Planning Commission Action: Recommended March 12, 2025 This proposed ordinance makes the following amendments (for summary purposes only): • Amends Section 21A.02.050.B.2 to clarify exemptions for certain above-ground public utility structures. • Amends Section 21A.33.020, Table of Permitted and Conditional Uses in Residential Districts, to provide clearer and more consistent language regarding exemptions in footnotes. • Amends Section 21A.33.030, Table of Permitted and Conditional Uses for Mixed Use Districts, to add the utility exemptions footnote to Antenna land uses. • Amends Section 21A.33.040, Table of Permitted and Conditional Uses for Manufacturing Districts, to add the utility exemptions footnote to Antenna land uses. • Amends Section 21A.33.050, Table of Permitted and Conditional Uses for Downtown, to add the utility exemptions footnote to Antenna land uses. • Amends Section 21A.33.060, Table of Permitted and Conditional Uses for Gateway Districts, to add the utility exemptions footnote to Antenna land uses. • Amends Section 21A.33.00, Table of Permitted and Conditional Uses for Special Purpose Districts, to add the utility exemptions footnote to Antenna land uses. • Amends Section 21A.34.020.F.1, Administrative Authority, to grant administrative authority to the planning director or designee for public utility buildings and structures when requiring a certificate of appropriateness. • Amends Section 21A.37.020, to exclude public utility buildings and structures from design review standards found in 21A.37. • Amends Section 21A.55.020, to grant administrative authority to the planning director or designee when a public utility or structure is applying for a planned development and exempt these uses from minimum area requirements. • Amends Section 21A.62.040, Definitions, to redefine “Utility, Building or Structure” to encompass a broader range. Underlined text is new; text with strikethrough is proposed to be deleted. Modifications made as part of the Planning Commission recommendation are highlighted in yellow. All other text is existing with no proposed change. 1. Amends 21A.02.050. B.2 as follows: 1 2 2. Utility Installations: Equipment or structures for the provision of essential services to the 3 public as listed below: 4 a. Public utility infrastructure such as wWires, cables, poles, conduits, vaults, laterals, pipes, 5 mains, valves or other similar equipment for the distribution to consumers of telephone or 6 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: __7/23/25___________________ By: _/s/ Courtney Lords________________ Courtney Lords, Senior City Attorney V2 other telecommunications, electricity, gas or water, or the collection of, water, sewer 7 sewage, or stormwater, or transportation. Such infrastructure shall be when owned, 8 operated and/or maintained by a governmental entity or a public utility. Such installations 9 and shall comply with Federal Communications Commission and Federal Aviation 10 Administration rules and regulations and those of other authorities having jurisdiction. 11 b. This exemption includes gGround mounted utility boxes installed by a governmental 12 entity in the public right-of-way for public safety and management purposes, such as 13 traffic control devices, utility boxes for lighting and parking meters. All other ground 14 mounted utility boxes shall not be exempt from the regulations of this title and are subject 15 to section 21A.40.160, "Ground Mounted Utility Boxes", of this title. 16 c. Government owned and operated antennas, including communication towers, for public 17 safety purposes, except when located within the Airport Flight Path Protection Overlay, 18 in which case, shall comply with the provisions in section 21A.34.040. 19 d. Fences or walls only when necessary to restrict access and promote safety of public 20 utility land uses or structures. 21 e. All other utility land uses, buildings or structures, shall comply with the applicable 22 standards of this title. 23 24 2. Amends Section 21A.33.020 to make changes to the following existing footnote: 25 5. See subsection 21A.02.050.B for utility regulations. Certain utility installations may be exempt 26 from the regulations of this title. See Subsection 21A.02.050.B. 27 28 3. Amends Section 21A.33.030 to add the following table: 29 30 21A.33.030: TABLE OF PERMITTED AND CONDITIONAL USES FOR MIXED USE 31 DISTRICTS: 32 Use Permitted And Conditional Uses by District MU-2 MU-3 MU-5 MU-6 MU-8 MU-11 exceeding the maximum height in the 18. Certain utility installations may be exempt from the regulations of this title. See Subsection 33 21A.02.050.B. 34 35 4. Amends Section 21A.33.040 to modify the following table: 36 37 21A.33.040: TABLE OF PERMITTED AND CONDITIONAL USES FOR MANUFACTURING 38 DISTRICTS: 39 Use Antenna, cCommunication tTower P1 P1 Antenna, cCommunication tTower exceeding the maximum building 1. See Subsection 21A.02.050.B of this title for utility regulations. Certain utility installations 40 may be exempt from the regulations of this title. See Subsection 21A.02.050.B. 41 V2 42 5. Amends Section 21A.33.050 to add the following table: 43 44 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN 45 DISTRICTS 46 Use Antenna, cCommunication tTower P1 P1 P1 P1 Antenna, cCommunication tTower exceeding the maximum building height in the zoning district C1 C1 C1 C1 1. Subject to conformance to the provisions in subsection 21A.02.050B of this title. Certain utility 47 installations may be exempt from the regulations of this title. See Subsection 21A.02.050.B. 48 49 6. Amends Section 21A.33.060 to add the following table: 50 51 21A.33.060: TABLE OF PERMITTED AND CONDITIONAL USES FOR GATEWAY 52 DISTRICTS 53 Use Conditional Use By Antenna, cCommunication tTower P1 Antenna, cCommunication tTower exceeding the maximum building height in the zoning district C1 1. Subject to conformance to the provisions in subsection 21A.02.050B of this title. Certain utility 54 installations may be exempt from the regulations of this title. See Subsection 21A.02.050.B. 55 56 7. Amends Section 21A.33.070 to add the following footnotes: 57 58 21A.33.070: TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE 59 DISTRICTS 60 Use Antenna, cCommunication tTower P1 P1 C1 P1 P1 P1 P1 P1,21 P1 Antenna, cCommunication tTower exceeding the maximum building height Permitted And Conditional Use By District PL PL-2 I UI MH EI 61 1. Subject to conformance to the provisions in subsection 21A.02.050B of this title. Certain utility 62 installations may be exempt from the regulations of this title. See Subsection 21A.02.050.B. 63 64 8. Amends Section 21A.34.020.F.1 as follows: 65 V2 66 1. Administrative Authority: The following may be decided by the planning director or designee: 67 a. Minor alteration of or addition to a landmark site or contributing building or structure; 68 b. Alteration of or addition to a noncontributing building or structure; 69 c. Partial demolition of either a landmark site or a contributing principal building or structure; 70 d. Demolition of an accessory building or structure; and 71 e. Demolition of a noncontributing building or structure.; and 72 f. New construction of a public utility building or structure necessary for the provision of 73 essential services to the public. 74 75 9. Amends Subsection 21A.37.020.D and adds E as follows: 76 77 D. Utility: Public utility buildings or structures necessary for the provision of essential services to 78 the public shall be exempt from this chapter. 79 80 E. Certificate of Appropriateness: All new construction, additions, exterior building work, 81 structure work, and site work on property in an H Historic Preservation Overlay District or a 82 landmark site remains subject to a certificate of appropriateness as required in 83 Subsection 21A.34.020.E of this title. 84 85 10. Amends Section 21A.55.020.A as follows: 86 87 A. Administrative Review: The planning director may approve, approve with modifications, deny, 88 or refer to the planning commission modifications to specific zoning standards outlined in this 89 section. Subsection 21A.52.060.B.4.b for projects that meet the qualifying provisions in 90 Subsection 21A.52.060.B. The approval shall be in accordance with the standards and procedures 91 set forth in this chapter and other regulations applicable to the district in which the property is 92 located. 93 1. Specific zoning standards outlined in Subsection 21A.52.060.B.4.b for projects that meet 94 the qualifying provisions in Subsection 21A.52.060.B. 95 2. Dimensional standards to accommodate a public utility building or structure necessary 96 for the provision of essential services to the public. Additional building height shall be 97 limited to 5 feet. 98 99 11. Adds Subsection 21A.55.060.C as follows: 100 101 C. Exemption: Minimum area requirements do not apply when the planned development is for 102 public utility buildings or structures necessary for the provision of essential services to the public. 103 104 12. Amends the following definition in Section 21A.62.040: 105 106 UTILITY, BUILDING OR STRUCTURE: A building or structure owned, operated or maintained 107 by a governmental entity or a public utility and needed to provide distribution, transmittal and or 108 maintenance for the provision of public utility services for water, sewer and flood control 109 including wells, pumping stations, reservoirs, water treatment plant, water storage tanks, detention 110 basins, lift stations, regulators and other similar facilities unless exempted in section 21A.02.050 111 V2 of this title. Utility, building or structure does not include offices or other uses otherwise defined in 112 the code. 113 114 115 [end] 116