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HomeMy WebLinkAboutLegislative Version Ordinance - 8/7/2025 (2) V2 Project Title: Zoning Text Amendments - Utility Installation Exemptions 21A.02.050.B.2 Petition No.: PLNPCM2024-01352 Version: 1-B Date Prepared: July 23, 2025 Planning Commission Action: Recommended March 12, 2025; additional recommended language by Planning Staff is highlighted in yellow. 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 Table 21A.40.090: Wireless Telecommunication Facilities, by revising the second footnote to include a reference to the antenna exemptions in section 21A.02.050. • 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 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: 7/23/25______________________ By: _/s/ Courtney Lords________________ Courtney Lords, Senior City Attorney V2 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 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, when 17 deemed by the planning director as critical infrastructure necessary to provide specific 18 utility needs to the public, except that: 19 i) If located within the Airport Flight Path Protection Overlay, the antenna shall 20 comply with the provisions in section 21A.34.040. 21 ii) Antennas are prohibited within the Eco-Industrial Buffer Area of the Northwest 22 Quadrant Overlay District. 23 d. Fences or walls only when necessary to restrict access and promote safety of public 24 utility land uses or structures. 25 e. All other utility land uses, buildings or structures, shall comply with the applicable 26 standards of this title. 27 28 2. Amends Section 21A.33.020 to make changes to the following existing footnote: 29 5. See subsection 21A.02.050.B for utility regulations. Certain utility installations may be exempt 30 from the regulations of this title. See Subsection 21A.02.050.B. 31 32 3. Amends Section 21A.33.030 to modify only the following rows in the table: 33 34 21A.33.030: TABLE OF PERMITTED AND CONDITIONAL USES FOR MIXED USE 35 DISTRICTS: 36 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 37 21A.02.050.B. 38 39 4. Amends Section 21A.33.040 to modify the following table: 40 41 21A.33.040: TABLE OF PERMITTED AND CONDITIONAL USES FOR MANUFACTURING 42 DISTRICTS: 43 Use V2 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 44 may be exempt from the regulations of this title. See Subsection 21A.02.050.B. 45 46 5. Amends Section 21A.33.050 to modify the following table: 47 48 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN 49 DISTRICTS 50 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 51 installations may be exempt from the regulations of this title. See Subsection 21A.02.050.B. 52 53 6. Amends Section 21A.33.060 to modify the following table: 54 55 21A.33.060: TABLE OF PERMITTED AND CONDITIONAL USES FOR GATEWAY 56 DISTRICTS 57 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 58 installations may be exempt from the regulations of this title. See Subsection 21A.02.050.B. 59 60 7. Amends Section 21A.33.070 to modify the following table. 61 62 21A.33.070: TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE 63 DISTRICTS 64 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 V2 PL PL-2 I UI MH EI P1 C1 P1 P1 P1 P1,11 C1 C1 C1 65 1. Subject to conformance to the provisions in subsection 21A.02.050B of this title. Certain utility 66 installations may be exempt from the regulations of this title. See Subsection 21A.02.050.B. 67 21. New antennase and telecommunication towers are allowed outside the telecommunication corridor in 68 the OS Open Space District for public safety, public security or Salt Lake City Public Utilities 69 Department purposes only., if not already exempted under section 21A.02.050 of this title. 70 71 8. Amends Section 21A.34.020.F.1 as follows: 72 73 1. Administrative Authority: The following may be decided by the planning director or designee: 74 a. Minor alteration of or addition to a landmark site or contributing building or structure; 75 b. Alteration of or addition to a noncontributing building or structure; 76 c. Partial demolition of either a landmark site or a contributing principal building or structure; 77 d. Demolition of an accessory building or structure; and 78 e. Demolition of a noncontributing building or structure.; and 79 f. New construction of a public utility building or structure necessary for the provision of 80 essential services to the public. 81 82 9. Amends Subsection 21A.37.020.D and adds E as follows: 83 84 D. Utility: Public utility buildings or structures necessary for the provision of essential services to 85 the public shall be exempt from this chapter. 86 87 E. Certificate of Appropriateness: All new construction, additions, exterior building work, 88 structure work, and site work on property in an H Historic Preservation Overlay District or a 89 landmark site remains subject to a certificate of appropriateness as required in 90 Subsection 21A.34.020.E of this title. 91 92 10. Amends Section 21A.40.090 to modify the following table: 93 94 TABLE 21A.40.090: WIRELESS TELECOMMUNICATIONS FACILITIES 95 Wall Mount3 Roof Mount3 Monopole With Antennas And Antenna Support Structure Less Than 2’ Wide3 Monopole With Antennas And Antenna Support Structure Greater Than 2’ Wide3 Lattice Tower Stealth District Height Limit But Not To Exceeding The Maximum Height Limit But Not To Exceeding The Maximum V2 60’ (Whichev er Is Less) The Zone Up To 30 Additional (Whichev er Is Less) Up To 30 Additional feet 2. New telecommunications towers are allowed outside the telecommunication corridor in the OS zone 96 for public safety, public security, or Salt Lake Public Utilities Department purposes only., if not already 97 exempted under section 21A.02.050 of this title. 98 99 11. Amends Section 21A.55.020.A as follows: 100 101 A. Administrative Review: The planning director may approve, approve with modifications, deny, 102 or refer to the planning commission modifications to specific zoning standards outlined in this 103 section. Subsection 21A.52.060.B.4.b for projects that meet the qualifying provisions in 104 Subsection 21A.52.060.B. The approval shall be in accordance with the standards and procedures 105 set forth in this chapter and other regulations applicable to the district in which the property is 106 located. 107 1. Specific zoning standards outlined in Subsection 21A.52.060.B.4.b for projects that meet 108 the qualifying provisions in Subsection 21A.52.060.B. 109 2. Dimensional standards to accommodate a public utility building or structure necessary 110 for the provision of essential services to the public. Additional building height shall be 111 limited to 5 feet. 112 113 12. Adds Subsection 21A.55.060.C as follows: 114 115 C. Exemption: Minimum area requirements do not apply when the planned development is for 116 public utility buildings or structures necessary for the provision of essential services to the public. 117 118 13. Amends the following definition in Section 21A.62.040: 119 120 UTILITY, BUILDING OR STRUCTURE: A building or structure owned, operated or maintained 121 by a governmental entity or a public utility and needed to provide distribution, transmittal and or 122 maintenance for the provision of public utility services for water, sewer and flood control 123 including wells, pumping stations, reservoirs, water treatment plant, water storage tanks, detention 124 basins, lift stations, regulators and other similar facilities unless exempted in section 21A.02.050 125 of this title. Utility, building or structure does not include offices or other uses otherwise defined in 126 the code. 127 128 [end] 129