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HomeMy WebLinkAboutLegislative Version Ordinance - 6/2/20261 Project Title: Zoning Text Amendments - Utility Installation Exemptions 21A.02.050.B.2 Petition No.: PLNPCM2024-01352 Version: Transmitted Date Prepared: May 27th, 2026 Recommended by Planning Commission: Yes 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 and delete the “C” for homeless shelters and homeless resource centers.  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, provided that they meet specific design requirements to Public Utility Buildings.  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 Subsection 21A.02.050. B.2 as follows: 1 2 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: ___May 28, 2026____________ By: ____________________________ Katherine D. Pasker, Senior City Attorney 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 other telecommunications, electricity, gas or water, or the collection of, water, sewer sewage, 7 or stormwater, or transportation. Such infrastructure shall be when owned, operated and/or 8 maintained by a governmental entity or a public utility. Such installations and shall comply 9 with Federal Communications Commission and Federal Aviation Administration rules and 10 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 traffic 13 control devices, utility boxes for lighting and parking meters. All other ground mounted 14 utility boxes shall not be exempt from the regulations of this title and are subject to section 15 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, when deemed by the director of the planning department as critical 18 infrastructure necessary to provide specific 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 utility 24 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 29 2. Amends Section 21A.33.020 only as to amending Qualifying Provision number 5, as follows: 30 31 5. Certain utility installations may be exempt from the regulations of this title. See Subsection 32 21A.02.050.B.See subsection 21A.02.050.B for utility regulations. 33 34 35 3. Amends Section 21A.33.030 only as to the “Antenna, Communication Tower”, “Antenna, 36 Communication Tower exceeding the maximum height in the zoning district” and “Utility, building or 37 structure” uses, as follows: 38 39 Use Permitted And Conditional Uses by District MU-2 MU-3 MU-5 MU-6 MU-8 MU-11 Antenna, Communication Towe P18 P18 P18 P18 Antenna, Communication Tower exceeding the maximum height in the zoning distric C18 C18 C18 C18 Utility, building or structure P18 P18 P18 P18 P18 P18 40 41 4. Amends Section 21A.33.030 only as to adding a new Qualifying Provisions number 18, as 42 follows: 43 44 3 18. Certain utility installations may be exempt from the regulations of this title. See Subsection 45 21A.02.050.B. 46 47 48 5. Amends Section 21A.33.040 only as to the “Antenna, communication tower”, “Antenna, 49 communication tower exceeding the maximum building height” and “Utility, Building or structure” uses, 50 as follows: 51 52 Use Permitted And Conditional Uses By District M-1 M-2 M-1A Antenna, Ccommunication T owe P1 P1 P1 Antenna, Ccommunication Ctower exceeding the maximum building height in the zoning district C1 C1 C1 Utility: bBuilding or structure P1 P1 P1 53 54 6. Amends Section 21A.33.040 only as to Qualifying Provisions number 1, as follows: 55 56 1. Certain utility installations may be exempt from the regulations of this title. See Subsection 57 21A.02.050.B.See Subsection 21A.02.050.B of this title for utility regulations. 58 59 60 7. Amends Section 21A.33.050 only as to the “Antenna, communication tower”, “Antenna, 61 communication tower exceeding the maximum building height”, “Homeless Resource Center” and 62 “Homeless Shelter” uses, as follows: 63 64 Use Permitted And Conditional Use By District D-1 D-2 D-3 D-4 Antenna, Ccommunication Ttower P1 P1 P1 P1 Antenna, Ccommunication Ttower exceeding the maximum building height in the zoning distric C1 C1 C1 C1 Homeless Resource Cente C15 C15 Homeless Shelte C15 C15 65 66 8. Amends Section 21A.33.050 only as to Qualifying Provisions number 1, as follows: 67 68 1. Certain utility installations may be exempt from the regulations of this title. See Subsection 69 21A.02.050.B.Subject to conformance to the provisions in subsection 21A.02.050B of this title. 70 71 72 9. Amends Section 21A.33.060 only as to the “Antenna, communication tower”, “Antenna, 73 communication tower exceeding the maximum building height” uses, as follows: 74 4 75 Use G-MU Antenna, Ccommunication T owe P1 Antenna, Ccommunication Ttower exceeding the maximum uilding heigh in the zoning distric C1 76 77 10. Amends Section 21A.33.060 only as to Qualifying Provisions number 1, as follows: 78 79 1. Certain utility installations may be exempt from the regulations of this title. See Subsection 80 21A.02.050.B.Subject to conformance to the provisions in subsection 21A.02.050B of this title. 81 82 83 11. Amends Section 21A.33.070 only as to the “Antenna, communication tower”, “Antenna, 84 communication tower exceeding the maximum building height in the zone” uses, as follows: 85 5 86 Use Permitted And Conditional Use By District RP BP FP AG AG-2 AG-5 OS NOS A PL PL-2 I UI MH EI Antenna, communication Communication owe owe P1 P1 C1 P1 P1 P1 P1,21 P1 P1 C1 P1 P1 P1 Antenna, communication Communication tower Tower exceeding the maximum building height in the zonezoning distric C1 C1 P1,21 P1 P1,11 C1 C1 C1 87 6 88 89 12. Amends Section 21A.33.070 only as to Qualifying Provisions numbers 1 and 21, as follows: 90 91 1. Certain utility installations may be exempt from the regulations of this title. See Subsection 92 21A.02.050.B.Subject to conformance to the provisions in subsection 21A.02.050B of this title. 93 94 21. New antennase and telecommunication towers are allowed outside the telecommunication 95 corridor in the OS Open Space District for public safety, public security or Salt Lake City Public 96 Utilities Department purposes only., if not already exempted under Section 21A.02.050. 97 98 99 13. Amends Subsection 21A.34.020.F.1 as follows: 100 101 1. Administrative Authority: The following may be decided by the planning director or designee: 102 a. Minor alteration of or addition to a landmark site or contributing building or structure; 103 b. Alteration of or addition to a noncontributing building or structure; 104 c. Partial demolition of either a landmark site or a contributing principal building or structure; 105 d. Demolition of an accessory building or structure; and 106 e. Demolition of a noncontributing building or structure; and. 107 f. New construction of a public utility building or structure necessary for the provision of 108 essential services to the public. 109 110 111 14. Amends Section 21A.37.020 only as to subsection D and a new subsection E, as follows: 112 113 D. Utility: Public utility buildings or structures necessary for the provision of essential services to 114 the public shall be exempt from this chapter. The Planning Director or designee shall consider the 115 following design considerations when reviewing a request for new construction of these facilities: 116 1. Exterior building materials shall be similar in durability and design to those of 117 structures in the surrounding area. 118 2. When feasible the structure and associated mechanical equipment shall be screened 119 with landscaping and a solid fence when located adjacent to a residential use. 120 3. When feasible tThe structure and associated mechanical equipment shall be 121 constructed in a portion of the property that is the least visually impactful to any adjacent 122 residential use. 123 4. Existing landscaping that acts as a buffer along property lines shall be retained. 124 5. All exterior lighting shall be shielded and directed down to prevent light trespass onto 125 adjacent properties. Exterior lighting shall not strobe, flash or flicker unless for safety 126 purposes in emergency situations. 127 128 E. Certificate of Appropriateness: All new construction, additions, exterior building work, 129 structure work, and site work on property in an H Historic Preservation Overlay District or a 130 landmark site remains subject to a certificate of appropriateness as required in 131 Subsection 21A.34.020.E of this title. 132 133 134 7 15. Amends Section 21A.33.070 only as to Qualifying Provisions number 2, as follows: 135 136 2. New telecommunications towers are allowed outside the telecommunication corridor in the OS 137 zone for public safety, public security, or Salt Lake Public Utilities Department purposes only, if 138 not already exempted under section 21A.02.050 of this title. 139 140 141 16. Amends Subsection 21A.55.020.A as follows: 142 143 A. Administrative Review: The planning director may approve, approve with modifications, deny, 144 or refer to the planning commission modifications to specific zoning standards outlined in this 145 Section.Subsection 21A.52.060.B.4.b for projects that meet the qualifying provisions in 146 Subsection 21A.52.060.B. The approval shall be in accordance with the standards and procedures 147 set forth in this chapter and other regulations applicable to the district in which the property is 148 located. 149 1. Specific zoning standards outlined in Subsection 21A.52.060.B.4.b for projects that meet 150 the qualifying provisions in Subsection 21A.52.060.B. 151 2. Dimensional standards to accommodate a public utility building or structure necessary 152 for the provision of essential services to the public. Additional building height shall be 153 limited to 5 feet. 154 155 156 17. Adds a new Subsection 21A.55.060.C as follows: 157 158 C. Exemption: Minimum area requirements do not apply when the planned development is for 159 public utility buildings or structures necessary for the provision of essential services to the public. 160 161 18. Amends Section 21A.62.040 only as to the “Utility, Building or Structure” definition, as follows: 162 163 UTILITY, BUILDING OR STRUCTURE: A building or structure owned, operated or maintained 164 by a governmental entity or a public utility and needed to provide distribution, transmittal and 165 maintenancefor the provision of public utility services for water, sewer and flood control including 166 wells, pumping stations, reservoirs, water treatment plant, water storage tanks, detention basins, 167 lift stations, regulators and other similar facilities unless exempted in section 21A.02.050 of this 168 title. Utility, building or structure does not include offices or other uses otherwise defined in the 169 code. 170 171 Effective Date: This ordinance, if passed, shall become effective on the date of its first publication and shall be recorded with the Salt Lake City Recorder. 172 [end] 173