014 of 2015 - Ground Mounted Utility Boxes (Title 21A Amendments) 0 15-1
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SALT LAKE CITY ORDINANCE
No. 14 of 2015
(An ordinance amending various sections of Title 21A
of the Salt Lake City Code pertaining to ground mounted utility boxes)
An ordinance amending various sections of Title 21 A of the Sall Lake City Code pursuant to
Petition No.PI.NPCM2014-00193 to modify regulations governing ground mounted utility boxes.
WHEREAS,the Salt bake City Planning Commission held a public hearing on December 10,
2014 to consider a petition submitted by Salt Lake City Mayor Ralph Becker(Petition No.
PLNPCM20 1 4-00 1 93)to amend Sections 21A.02.050(Zoning:Title,Authority.Purpose and
Applicability:Applicability),21 A.40.160(Zoning:Accessory Uses.Buildings and Structures:
Ground Mounted Utility Boxes),and 21A.52.030(Zoning:Special Exceptions:Special Exceptions
Authorized)to modify regulations governing ground mounted utility boxes;and
WHEREAS,at its December 10. 2014 hearing,the planning commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council on said petition;and
WHEREAS,the city council held a public hearing on March 3,2015 on said petition;and
WHEREAS,at its March 24,2015 meeting,the city council determined that some elements
of this petition require additional study,public input and consideration,namely issues concerning
potential modifications to the special exception review standards for ground mounted utility boxes;
incentives for smaller utility boxes;post-installation obligations,including requirements for annual
inspection/inventory of ground mounted utility boxes;potential permit renewal provisions;
additional notice requirements when a utility box is proposed to be located on private property;and
other related provisions of Title 21 A;and
WHEREAS,at its March 24,2015 meeting.the city council voted to adopt this ordinance
and keep this petition open to address the aforementioned issues requiring additional study,public
input and consideration;and
WHEREAS,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 I. Amending the text of Salt Lake City Code Section 21A.02.050. That
Section 21A.02.050 of the Salt Lake City Code(Zoning:Title,Authority,Purpose and
Applicability:Applicability),shall be,and hereby is,amended to read as follows:
21A.02.050:APPLICABILITY:
A. General Applicability:The provisions of this title shall apply to all of the land area
within the corporate limits of Salt Lake City,as indicated on the zoning map as
provided in Chapter 21 A.22 of this title.Except as expressly provided in this title,no
development shall be undertaken without prior zoning approval pursuant to the
provisions of this title.
B. Exemptions:The following properties,uses and structures shall,to the extent
provided by law,be exempt from the regulations of this title:
1. Properties of The State of Utah or Federal Government:Properties owned and
occupied by the State of Utah or the United States.Where laws applicable to such
properties require the property owner to take reasonable steps to comply with
local regulations,this exemption shall not be construed to abrogate that
requirement.
2. Utility Installations:Wires,cables,conduits,vaults,laterals,pipes,mains,valves
or other similar equipment for the distribution to consumers of telephone or other
communications,electricity,gas or water,or the collection of sewage or
stormwater when owned,operated and/or maintained by a governmental entity or
a public utility.Such installations shall comply with federal communications
commission and federal aviation administration rules and regulations and those of
other authorities having jurisdiction.This exemption includes ground mounted
utility boxes installed by a governmental entity in the public right of way for
public safety and management purposes.such as traffic control devices,utility
boxes for lighting and parking meters.All other ground mounted utility boxes
shall not be exempt from the regulations of this title and are subject to Section
21A.40.160, "Ground Mounted Utility Boxes'.
3. Railroad Facilities: Railroad tracks, signals, bridges and similar facilities and
equipment located on a railroad right of way, and maintenance and repair work on
such facilities and equipment.
SECTION 2. Amending the text of Salt Lake City Code Section 21A.40.160. That
Section 21A.40.160 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and
Structures: Ground Mounted Utility Boxes), shall be, and hereby is, amended to read as follows:
21A.40.160: GROUND MOUNTED UTILITY BOXES:
A. Purpose: Utility infrastructure provides a service to the community. The regulations
of this section are intended to allow for ground mounted utility boxes while reducing
the negative impacts they may create. Of concern are the location, size and
concentration of ground mounted utility boxes. The placement of ground mounted
utility boxes should consider the location priority order below:
1. In a location not readily visible from a street.
2. In an alley located along the rear of adjacent properties.
3. In a nonresidential location that may be visible from a street.
4. In the park strip of a nonresidential property.
5. In the park strip of a residential property.
B. Compliance with Regulations Required: All ground mounted utility boxes shall be
subject to the regulations of this section unless exempted within Section 21A.02.050
of this title.
C. Definition: "Ground mounted utility boxes" shall mean such equipment and facilities,
including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities
and associated equipment that extend over six inches above ground level used for the
transmission or distribution of utilities.
D. Location: Any ground mounted utility box shall not be located within one (1) foot of
any sidewalk or eighteen (18) inches from the face of a control curb or obstruct any
required sight distance triangles for driveways and intersections.
E. Allowed Ground Mounted Utility Boxes: Ground mounted utility boxes proposed as
follows shall be allowed in all zoning districts subject to subsection D of this section.
1. Private Property: On private property with permission of the property owner or
representative at the following locations:
a) Below grade utility boxes that do not extend greater than six inches above
ground level.
b) Within the buildable area of a lot,rear yard or side yard.
c) Behind required front and corner side yards or within five(5)feet of a
building when front and corner side yards are not required.
d) Within a utility easement subject to easement restrictions.
e) Within a right of way when the location does not interfere with circulation
functions of the right of way and subject to subsection FT.c of this section.
2. Public Right of Way:The city engineer may issue a permit for the installation of a
ground mounted utility box in the public right of way in accordance with
standards set forth in this section and Chapter 14.32 of this code.
a) Below grade utility boxes that do not extend greater than six inches above
ground level.
b) A ground mounted utility box installed in a park strip or behind the sidewalk
in the public way meeting the following criteria:
i) A ground mounted utility box not exceeding a height of three(3)feet and
a footprint of four(4)square feet,or a box not exceeding two(2)feet in
height and a foot print of eight(8)square feet.
ii) The pad for a ground mounted utility box shall not extend more than six
(6)inches beyond the footprint of the box.
iii)A ground mounted utility box in a residential zoning district is located
within fifteen(15)feet of the interior lot line of an adjacent property.
iv) Excluding Manufacturing,Business Park and General Commercial Zoning
Districts no more than three(3)ground mounted utility boxes,excluding
exempt utility boxes,shall be allowed within 660 foot segment of street
right of way,unless approved as a special exception.
v) Any small ground mounted utility box that is less than sixty(60)percent
of the allowed size in section i above shall be exempt from the special
exception requirement of Section iv above.
c) A ground mounted utility box installed in a public alley that does not interfere
with the circulation function of the alley.
F. Special Exception:Proposed ground mounted utility boxes not specifically addressed
in Section E of this chapter or that do not meet the standards of Section E may be
approved as a special exception pursuant to Chapter 21A.52 of this title and the
following requirements.
1. Application:A special exception application shall be made on a form prepared by
the planning director or designee and submitted to the planning division,that
includes required information and the following additional information:
a. Described plan of the proposed ground mounted utility box:
(1) Dimensions of box and footing/platform detail.
(2) Location of contact information on the box.
(3) Description of cabinet materials and finish treatment.
b. A location analysis which identifies other sites considered as alternatives
within five hundred(500)feet of the proposed location.The applicant shall
provide a written explanation why the alternatives considered were either
unavailable,or technologically or reasonably infeasible.
2. General Standards and Considerations for Special Exception Review of Ground
Mounted Utility Boxes:No special exception application for a ground mounted
utility box shall be approved unless the planning director or the planning
director's designee determines that the ground mounted utility box satisfies the
applicable standards related to size,spacing and/or location of the following
criteria:
a) Evidence that the existing ground mounted utility box location and/or size are
within a pattern that allowing an additional or larger ground mounted utility
box will not create a significant impact of the character of the area.
b) Evidence submitted that shows another location is not practical to service the
subject area.
c) Sufficiently demonstrates the reason that the larger cabinet is necessary.
d) Demonstrates that the subject block face location is the only feasible location
for the ground mounted utility box based on technical or physical constraints.
e) Ground mounted utility boxes are spaced in such a manner as to limit the
visual impact of the box when viewed from the street or an adjacent property.
f) The location will not obstruct access to other installed utility facilities.
g) The additional cabinet is compatible in design and size with the existing
ground mounted utility boxes in the area.
G. Materials:All ground mounted utility boxes shall consist of high quality material
such as stainless steel or other durable painted or colored material.The finish shall be
a neutral color such as dark or light green,beige or gray or color similar to utility
boxes within the vicinity and coated with a graffiti resistant treatment.
H. Post-Installation Obligations:All ground mounted utility boxes and any related
screening materials shall remain the service provider's responsibility to keep in a state
of good visual quality and repair.
1. Franchise Agreements:Permitted and installed ground mounted utility boxes shall
also comply with all conditions as set forth in the service provider's/owner's
franchise agreement with the city.If the terms of any franchise agreement conflict
with the provisions of the Title 21A,the ordinance regulations shall prevail and
govern.
2. Discontinued Use:If the service provider/owner of a ground mounted utility box
in the public right-of-way discontinues the use or has no defined need for said
box,it is that service provider/owner's sole responsibility to remove the box and
all associated conduit and wiring at its own expense in compliance with all
engineering division requirements.
3. Required Contact Information:A service provider shall place a permanent notice
on the box containing the service provider's name and telephone number for the
purpose of notification in the event of graffiti or damages to the equipment.
4. Maintenance:A service provider shall be solely responsible for maintaining
ground mounted utility box sites in reasonably good repair in a clean,safe and
level condition.Level condition shall mean not tilting greater than fifteen(15)
degrees from plumb.A service provider shall repair any damage to a ground
mounted utility box within 72 hours after discovering or being notified of such
damage to a box.
I. Other City Permits:Additional city permits may be required.
1. No construction shall be undertaken without the applicable city permits and
public way permits.
2. Certificate of Appropriateness:Any ground mounted utility box located within an
area subject to Section 21A.34.020."H Historic Preservation Overlay District",of
this code must obtain a certificate of appropriateness before the box may be
installed.
SECTION 3. Amending the text of Salt Lake City Code Section 21A.52.030. That
Section 21A.52.030 of the Salt Lake City Code(Zoning:Special Exceptions:Special Exceptions
Authorized),shall be,and hereby is,amended to read as follows:
21A.52.030:SPECIAL EXCEPTIONS AUTHORIZED:
In addition to any other special exceptions authorized elsewhere in this title,the
following special exceptions are authorized under the provisions of this title:
1. Accessory building height,including wall height,in excess of the permitted height
provided:
a. The extra height is for architectural purposes only,such as a steep roof to match
existing primary structure or neighborhood character.
b. The extra height is to be used for storage of household goods or truss webbing
and not to create a second level.
c. No windows are located in the roof or on the second level unless it is a design
feature only.
d. No commercial use is made of the structure or residential use unless it complies
with the accessory dwelling unit regulations in this title.
2. Accessory structures in the front yard of double frontage lots,which do not have any
rear yard provided:
a. The required sight visibility triangle shall he maintained at all times.
b. The structure meets all other size and height limits governed by the zoning
ordinance.
3. Additional height for fences,walls or similar structures may be granted to exceed the
height limits established for fences and walls in Chapter 21 A.40 of this title if it is
determined that there will be no negative impacts upon the established character of
the affected neighborhood and strectscape,maintenance of public and private views,
and matters of public safety.Approval of fences_walls and other similar structures
may be granted under the following circumstances subject to compliance with other
applicable requirements:
a. Exceeding the allowable height limits:provided,that the fence,wall or structure
is constructed of wrought iron,tubular steel or other similar material,and that the
open,spatial and nonstructural area of the fence,wall or other similar structure
constitutes at least eighty percent(80%)of its total area;
b. Exceeding the allowable height limits on any corner lot;unless the city's traffic
engineer determines that permitting the additional height would cause an unsafe
traffic condition;
c. Incorporation of ornamental features or architectural embellishments which
extend above the allowable height limits;
d. Exceeding the allowable height limits,when erected around schools and approved
recreational uses which require special height considerations;
e. Exceeding the allowable height limits,in cases where it is determined that a
negative impact occurs because of levels of noise,pollution,light or other
encroachments on the rights to privacy,safety,security and aesthetics;
f. Keeping within the character of the neighborhood and urban design of the city;
g. Avoiding a walled-in effect in the front yard of any property in a residential
district where the clear character of the neighborhood in front yard areas is one of
open spaces from property to property;or
h. Posing a safety hazard when there is a driveway on the petitioner's property or
neighbor's property adjacent to the proposed fence,wall or similar structure.
4. Additional building height in commercial districts are subject to the standards in
Chapter 21 A.26 of this title.
5. Additional foothills building height,including wall height,shall comply with the
standards in Chapter 21 A.24 of this title.
6. Additional residential building height,including wall height,in the R-1 districts,R-2
districts and SR districts shall comply with the standards in Chapter 2l A.24 of this
title.
7. Any alternative to off street parking not listed in Chapter 21A.44 of this title intended
to meet the number of required off street parking spaces.
8. Barbed wire fences may be approved subject to the regulations of Chapter 21A.40 of
this title.
9. Conditional home occupations subject to the regulations and conditions of Chapter
21A.36 of this title.
10.Dividing existing lots containing two(2)or more separate residential structures into
separate lots that would not meet lot size,frontage width or setbacks provided:
a. The residential structures for the proposed lot split already exist and were
constructed legally.
b. The planning director agrees and is willing to approve a subdivision application.
c. Required parking equal to the parking requirement that existed at the time that
each dwelling unit was constructed.
11.Use of the front yard for required parking when the rear or side yards cannot be
accessed and it is not feasible to build an attached garage that conforms to yard area
and setback requirements,subject to the standards found in Chapter 21A.44 of this
title.
12.Grade changes and retaining walls are subject to the regulations and standards of
Chapter 21A.36 of this title.
13.Ground mounted central air conditioning compressors or systems,heating,
ventilating,pool and filtering equipment located in required side and rear yards
within four feet(4')of the property line."Hie mechanical equipment shall comply
with applicable Salt bake County Health Department noise standards.
14.Hobby shop,art studio,exercise room or a dressing room adjacent to a swimming
pool,or other similar uses in an accessory structure,subject to the following
conditions:
a. The height of the accessory structure shall not exceed the height limit established
by the underlying zoning district unless a special exception allowing additional
height is allowed.
b. If an accessory building is located within ten feet(10')of a property line,no
windows shall be allowed in the walls adjacent to the property lines.
c. If the accessory building is detached,it must be located in the rear yard.
d. The total covered area for an accessory building shall not exceed fifty percent
(50%)of the building footprint of the principal structure,subject to all accessory
building size limitations.
15.In line additions to existing residential or commercial buildings,which are
noncomplying as to yard area or height regulations provided:
a. The addition follows the existing building line and does not create any new
noncompliance.
b. No additional dwelling units are added to the structure.
c. The addition is a legitimate architectural addition with rooflines and exterior
materials designed to be compatible with the original structure.
16.Operation of registered home daycare or registered home preschool facility in
residential districts subject to the standards of Chapter 21 A.36 of this title.
17.Outdoor dining in required front,rear and side yards subject to the regulations and
standards of Chapter 21 A.40 of this title.
18.Razor wire fencing may be approved subject to the regulations and standards in
Chapter 21 A.40 of this title.
19.Replacement or reconstruction of any existing noncomplying segment of a residential
or commercial structure or full replacement of a noncomplying accessory structure
provided:
a. The owner documents that the new construction does not encroach farther into
any required rear yard than the structure being replaced.
b. The addition or replacement is compatible in design, size and architectural style
with the remaining or previous structure.
20. Underground building encroachments into the front, side, rear and corner side yard
setbacks provided the addition is totally underground and there is no visual evidence
that such an encroachment exists.
21. Window mounted refrigerated air conditioner and evaporative swamp coolers located
in required front, corner, side and rear yards within two feet (2') of a property line
shall comply with applicable Salt Lake County Health Department noise standards.
22. Vehicle and equipment storage without hard surfacing in the CG, M-1, M-2 or EI
districts, subject to the standards in Chapter 21A.44 of this title.
23. Ground mounted utility boxes may be approved subject to the regulations and
standards of Section 21A.40.160 of this title.
SECTION 4. 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 24th day of March ,
2015.
CHAI E
A rT ST A C ERSIGN:
CITY RECORDER `,�T--yp,KE cIi,NAA44
Transmitted to Mayor on April 3, 2015 4\j(' f
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Mayor's Action: V Approved. Vetoed.
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C Y RECORDER
APPROVED AS TO FORM
(SEAL)
Salt Lake City Attorney's Office
Date: /" /-f t (S
Bill No. 14 of2015.
Published: April 13, 2015. By:
Pa C.Nielsol ni r City Attorney
H B_ATTY-#42480-v8-Ordinance_amending_GMUB_regulations.DOCX