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12/13/2011 - Work Session - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, DECEMBER 13, 2011 The City Council met in Work Session on Tuesday, December 13 , 2011, at 5 : 00 p.m. in Room 326, Committee Room, City County Building, 451 South State Street. In Attendance: Council Members Carlton Christensen, Van Turner, Jill Remington Love, JT Martin, Stan Penfold, Soren Simonsen and Luke Garrott - via phone . Also In Attendance : Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Council Deputy Director; Mayor Ralph Becker; Edwin Rutan, City Attorney; Lynn Pace, Deputy City Attorney; David Everitt, Mayor' s Chief of Staff; Russell Weeks, Senior Council Policy Analyst; Neil Lindberg, Council Legal Director; Doug Dansie, Senior Planner; Wilford Sommerkorn, Planning Director; Nick Norris, Principal Planner; and Scott Crandall, Deputy City Recorder. Councilmember Love presided at and conducted the meeting. The meeting was called to order at 5 : 14 p.m. AGENDA ITEMS #1. (TENTATIVE) CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-204, FOR ANY OF THE FOLLOWING PURPOSES: a) A STRATEGY SESSION TO DISCUSS COLLECTIVE BARGAINING, PURSUANT TO UTAH CODE § 52-4-205 (1) (b) ; b) A STRATEGY SESSION TO DISCUSS THE PURCHASE, EXCHANGE, OR LEASE OF REAL PROPERTY (INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES) WHEN PUBLIC DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE CITY FROM COMPLETING THE TRANSACTION ON THE BEST POSSIBLE TERMS, PURSUANT TO UTAH CODE § 52-4-205 (1) (d) ; c) A STRATEGY SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION, PURSUANT TO UTAH CODE § 52-4-205 (1) (c) ; d) A STRATEGY SESSION TO DISCUSS THE SALE OF REAL PROPERTY (INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES) IF (1) PUBLIC DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE CITY FROM COMPLETING THE TRANSACTION ON THE BEST POSSIBLE TERMS, (2) THE CITY PREVIOUSLY GAVE NOTICE THAT THE PROPERTY WOULD BE OFFERED FOR SALE, AND (3) THE TERMS OF THE SALE ARE PUBLICLY DISCLOSED BEFORE THE CITY APPROVES THE SALE; e) FOR ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED, PURSUANT TO UTAH CODE § 78B-1-137; AND 11 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, DECEMBER 13, 2011 f) A STRATEGY SESSION TO DISCUSS DEPLOYMENT OF SECURITY PERSONNEL, DEVICES OR SYSTEMS PURSUANT TO UTAH CODE SECTION 52-4- 205 (1) (f) . Item not held. #2 . 5:17:37 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND 8:33:59PM ANNOUNCEMENTS. 8:28:37 PM Jennifer Bruno briefed the Council during the formal meeting in Room 315 on Item G1 relating to retirement benefits for elected officials . She said adopting the ordinance would allow all Council Members to start on January 1, 2012 with the same structure . She said a larger legal question still needed to be addressed relating to current and continuing Council Members . She said she understood the Attorney' s Office was researching the issue. See File M 11-3 for formal motion. See File M 11-5 for announcements . #3 . 5:18:29 PM RECEIVE A BRIEFING REGARDING AN ORDINANCE AMENDING CHAPTER 21A.46 TO MODIFY SIGN REGULATIONS PERTAINING TO BILLBOARDS, ELECTRONIC BILLBOARDS AND ELECTRONIC SIGNS. AMONG OTHER THINGS, THE AMENDMENTS WILL REFINE PROVISIONS ADOPTED BY THE CITY COUNCIL IN APRIL 2010 THAT ARE SCHEDULED TO TAKE EFFECT ON JANUARY 13, 2012 . RELATED PROVISIONS OF TITLE 21A (ZONING) MAY ALSO BE AMENDED AS PART OF THIS PETITION. PETITION NOS. PLNPCM2010-000717 AND PLNPCM2010-00032 . PETITIONER - MAYOR RALPH BECKER. (ITEM H2) View Attachments Wilford Sommerkorn, Doug Dansie, Russell Weeks, Neil Lindberg and Lynn Pace briefed the Council with the attached handouts . Councilmember Love said a public hearing was scheduled for January 3 , 2012 . Mr. Lindberg said the proposed ordinance gave the Council an opportunity to change regulations which would otherwise go into effect on January 13 , 2012 . Councilmember Love asked Council Members to meet with City staff to address any concerns so they would be prepared to make a decision. #4 . 7:54:29PM RECEIVE A FOLLOW-UP BRIEFING REGARDING AN ORDINANCE CHANGING THE CITY CODE INCLUDING THE CITY' S ZONING REGULATIONS TO ELIMINATE THE BOARD OF ADJUSTMENT AND THE LAND USE APPEALS BOARD AS LAND USE APPEAL AUTHORITIES AND REPLACING THE BOARDS WITH AN APPOINTED PROFESSIONAL HEARING OFFICER. THE HEARING OFFICER WOULD REVIEW AND MAKE DECISIONS RELATING TO VARIANCE APPLICATIONS AND APPEALS OF ADMINISTRATIVE, PLANNING COMMISSION AND HISTORIC LANDMARK COMMISSION DECISIONS. THE INTENT IS TO PROVIDE A MORE STREAMLINED AND CONSISTENT 11 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, DECEMBER 13, 2011 APPEAL PROCESS FOR LAND USE DECISIONS AND REDUCE THE EXPENDITURE OF CITY FUNDS AND STAFFING RESOURCES. RELATED PROVISIONS OF TITLE 21A (ZONING) MAY ALSO BE AMENDED AS PART OF THIS PETITION. PETITIONER - MAYOR RALPH BECKER, PETITION NO. PLNPCM2010-00312 . (ITEM D4) View Attachments Note : This item was addressed in the Council Chambers . Neil Lindberg, Lynn Pace, Nick Norris and Wilford Sommerkorn briefed the Council with the attached handouts . Mr. Sommerkorn asked that the Council consider eliminating the requirement that hearing officers had to be City residents . A majority of the Council was in favor of sending the issue back to the Administration for further refinement . See File M 11-3 for formal motion. #5. 8:31:12PM RECEIVE A BRIEFING REGARDING A RESOLUTION AUTHORIZING THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND THE UNIFIED FIRE AUTHORITY FOR THE PROVISION OF HAZARDOUS MATERIALS RESPONSE AND EXPLOSIVE DEVICE OPERATIONS. (ITEM G4) View Attachments Note : This item was addressed in the Council Chambers . Councilmember Love asked if Council Members had questions . No questions were asked. See File M 11-3 for formal motion. #6. RECEIVE A BRIEFING REGARDING AN ORDINANCE AMENDING THE CITY' S ZONING REGULATIONS TO MODIFY REQUIREMENTS FOR APPROVING CONDITIONAL USE PERMITS. THESE REQUIREMENTS WERE MODIFIED BY THE CITY COUNCIL IN JULY, 2008. THE PROPOSED AMENDMENTS ARE INTENDED TO CLARIFY AND RESOLVE PROBLEMS ENCOUNTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT IN APPLYING THESE REQUIREMENTS. RELATED PROVISIONS OF TITLE 21A (ZONING) MAY ALSO BE AMENDED AS PART OF THIS PETITION. PETITIONER - MAYOR RALPH BECKER, PETITION NO. PLNPCM2009-00174 . View Attachments Item was pulled. #7 . RECEIVE A BRIEFING REGARDING AN ORDINANCE AMENDING CHAPTER 18.64 (DEMOLITION) AND CHAPTER 18. 97 (MITIGATION OF RESIDENTIAL HOUSING LOSS) , SALT LAKE CITY CODE, TO MODIFY THE PROCESS AND REQUIREMENTS FOR DEMOLITION OF BUILDINGS AND STRUCTURES. THE PURPOSE OF THIS ORDINANCE IS TO PROVIDE FOR TIMELY COMPLETION OF DEMOLITION AND IMPROVEMENT OF PROPERTY THEREAFTER TO ENSURE DEMOLITION IS NOT DETRIMENTAL TO THE USE AND ENJOYMENT OF SURROUNDING PROPERTY, TO AVOID DEMOLITION BY NEGLECT, AND TO ENCOURAGE PRESERVATION OF THE CITY' S HOUSING STOCK. PETITIONER: SALT LAKE CITY COUNCIL. View Attachments Item was pulled. 11 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, DECEMBER 13, 2011 #8. RECEIVE A BRIEFING REGARDING AN ORDINANCE ESTABLISHING POLICY AND GUIDELINES FOR CITY ACCEPTANCE OF PRIVATE DONATIONS. THIS ORDINANCE WOULD AUTHORIZE PRIVATE DONATIONS FOR THE PURPOSE OF MAKING IMPROVEMENTS ON CITY PROPERTY AND PROVIDE GUIDELINES FOR ACCEPTANCE OF SUCH DONATIONS. View Attachments Item was pulled. #9. 8:29:32PM RECEIVE A BRIEFING REGARDING A RESOLUTION AUTHORIZING A LOAN FROM SALT LAKE CITY' S HOUSING TRUST FUND IN THE AMOUNT OF $265, 000 TO CITY FRONT PARTNERS, LLC FOR RENOVATION AT THE CITIFRONT APARTMENTS LOCATED AT 600 WEST NORTH TEMPLE. (APPLICANT - CITY FRONT PARTNERS, LLC) (ITEM G2) View Attachments Note : This item was addressed in the Council Chambers . Councilmember Love asked if Council Members were comfortable with the answers provided to earlier questions . No objections were raised. See File M 11-3 for formal motion. #10. 8: 32 : 15 PM RECEIVE A FOLLOW UP BRIEFING REGARDING MOTIONS FOR CONSIDERATION BY THE LOCAL BUILDING AUTHORITY OF SALT LAKE CITY. PROPOSED MOTIONS ADDRESS SETTING THE FINAL CAPITAL PROJECTS FUND BUDGET FOR FISCAL YEAR 2011-2012 AND PURCHASING LAND FOR THE GLENDALE BRANCH LIBRARY PROJECT. (ITEMS D3 AND G5) View Attachments Note : This item was addressed in the Council Chambers . Councilmember Simonsen was recused. See File M 11-3 for formal motion. #11. 5:15:56PM INTERVIEW LARRY JENSEN PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE COMMUNITY DEVELOPMENT AND CAPITAL IMPROVEMENT PROGRAMS ADVISORY BOARD. (ITEM H3) Councilmember Love said Mr. Jensen' s name was on the Consent Agenda for consideration during the formal meeting. #12 . 5:51:13PM ATTEND AN OUTGOING RECEPTION FOR COUNCIL MEMBERS VAN TURNER AND JT MARTIN. The meeting adjourned at 8 :40 p.m. 11 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, DECEMBER 13, 2011 ( sCit COUNCIL CHAIR • 4: 1 ,1 iuK7; RECOR R This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held December 13 , 2011 . sc 11 — 5 „,,, ,,”\ • o'°� -�`VL,L = AGENDA • CITY COUNCIL of SALT LAKE CITY and LOCAL BUILDING AUTHORITY OF SALT LAKE CITY,UTAH Tuesday,December 13, 2011 4:00 p.m. Work Session or immediately following the 2:00 p.m. Redevelopment Agency Meeting (the public is invited to listen to the discussion) 7:0o p.m. Formal Meeting(public comment section is included) Note:Utah law requires the Salt Lake City Council to act as several other boards to help govern the City.During this meeting,the Council will adjourn temporarily,and then convene as the Local Building Authority Board to deal with item D3 &G5. A. WORK SESSION:Approximately 4:oo p.m.in Room 326, City&County Building, 451 South State St. (The work session may include discussion about items on the formal agenda. Unfinished agenda items from the work session also may be discussed after the formal meeting.) 1. (TENTATIVE)The Council will consider a motion to enter into Closed Session, in keeping with Utah Code§ 52-4-204,for any of the following purposes: a)A strategy session to discuss collective bargaining,pursuant to Utah Code§52-4-205(1)(b); b)A strategy session to discuss the purchase,exchange,or lease of real property(including any form of water right or water shares)when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the City from completing the transaction on the best possible terms,pursuant to Utah Code§52-4-205(1)(d); c)A strategy session to discuss pending or reasonably imminent litigation,pursuant to Utah Code§52- 4-2o5(I)(c); d)A strategy session to discuss the sale of real property(including any form of water right or water shares)if(1)public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the City from completing the transaction on the best possible terms,(2)the City previously gave notice that the property would be offered for sale,and(3)the terms of the sale are publicly disclosed before the City approves the sale; e)For attorney-client matters that are privileged,pursuant to Utah Code§78B-1-137;and f)A strategy session to discuss deployment of security personnel,devices or systems pursuant to Utah Code Section 52-4-205(1)(f). 2. Report of the Executive Director,including a review of Council information items and announcements. CONTINUED ON NEXT PAGE CITY COUNCIL OF SALT LAKE CITY .151 SOLii•II STATE STREET,ROC/NI WWW.SL000V.ro:I COI ' P.O.BOX 145; ,.sAI:t L1KII CEI1' i7A11 8.1111-3q''6 TEL 807-53,5--7Gno I'AX JiLL IIE_1IINGroN LO1 E: Dili RICEi COUNCIL CHAIR :.'_1N PENF01.13 j DIS E_ICI 3 I COUNCIL.A ICE CHAIR CARLTONCIIRISTLNSEN`DIS RIELt VAN TURNER;DISTRICT2 LUKEGARROE! DISR.ICL ; .IiNARTINIDISiitiCl (i SORENSiMONSEN DIS'iRIC'.; Salt Lake City Council Agenda Tuesday, December 13, 2omi 3. The Council will receive a follow-up briefing regarding an ordinance changing the City Code including the City's zoning regulations to eliminate the Board of Adjustment and the Land Use Appeals Board as land use appeal authorities and replacing the boards with an appointed professional hearing officer.The hearing officer would review and make decisions relating to variance applications and appeals of Administrative,Planning Commission and Historic Landmark Commission decisions.The intent is to provide a more streamlined and consistent appeal process for land use decisions and reduce the expenditure of City funds and staffing resources. Related provisions of Title 21A—Zoning—may also be amended as part of this petition. Petitioner—Mayor Ralph Becker,Petition No. PLNPCM2o10-00312. (Item D4) ATTACHMENTS 4. The Council will receive a briefing regarding a resolution authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Unified Fire Authority for the provision of hazardous materials response and explosive device operations. (Item G4)ATTACHMENTS 5. The Council will receive a briefing regarding an ordinance amending the City's zoning regulations to modify requirements for approving conditional use permits.These requirements were modified by the City Council in July, 2008.The proposed amendments are intended to clarify and resolve problems encountered by the Community Development Department in applying these requirements. Related provisions of Title 21A(Zoning) may also be amended as part of this petition.Petitioner-Mayor Ralph Becker,Petition No. PLNPCM2oo9-00174. (Item Hi)ATTACHMENTS 6. The Council will receive a briefing regarding an ordinance amending Chapter 18.64 (Demolition)and Chapter 18.97(Mitigation of Residential Housing Loss),Salt Lake City Code,to modify the process and requirements for demolition of buildings and structures.The purpose of this ordinance is to provide for timely completion of demolition and improvement of property thereafter to ensure demolition is not detrimental to the use and enjoyment of surrounding property,to avoid demolition by neglect,and to encourage preservation of the City's housing stock. Petitioner: Salt Lake City Council.ATTACHMENTS 7. The Council will receive a briefing regarding an ordinance establishing policy and guidelines for City acceptance of private donations.This ordinance would authorize private donations for the purpose of making improvements on City property and provide guidelines for acceptance of such donations. 8. The Council will receive a briefing regarding an ordinance amending Chapter 21A.46 to modify sign regulations pertaining to billboards,electronic billboards and electronic signs. Among other things,the amendments will refine provisions adopted by the City Council in April 2010 that are scheduled to take effect on January 13, 2012. Related provisions of Title 21A—Zoning may also be amended as part of this petition.Petitions PLNPCM2o10-000717 and PLNPCM2o10-00032—Mayor Ralph Becker. (Item H2) 9. (TENTATIVE)The Council will receive a briefing regarding a resolution authorizing a loan from Salt Lake City's Housing Trust Fund in the amount of$265,00o to City Front Partners, LLC for renovation at the Citifront Apai lments located at 600 West North Temple. (Applicant—City Front Partners, LLC) (Item G2) l0. (TENTATIVE)The Council will receive a follow up briefing regarding motions for consideration by the Local Building Authority of Salt Lake City. Proposed motions address setting the final Capital Projects Fund budget for Fiscal Year 2011-2012 and purchasing land for the Glendale Branch Library project. (Items D3 and G5) 2 Salt Lake City Council Agenda Tuesday, December 13, 2011 11. (TIME CERTAIN 5:30 p.m.)The Council will interview Larry Jensen prior to consideration of his appointment to the Community Development and Capital Improvement Programs Advisory Board. (Item H3) 12. (TIME CERTAIN 5:45 P.M.)The Council will attend an outgoing reception for Council Members Van Turner and JT Martin. FORMAL MEETING B. OPENING CEREMONY: '7:oo p.m. in Room 315, City&County Building, 451 South State St. Council Member Jill Remington Love will conduct the Formal Council Meetings during the month of December. 1. Pledge of Allegiance. 2. Recognition of service and comments from outgoing City Council Member(s)Van Turner, District 2; and JT Martin,District 6. C. PUBLIC HEARINGS: 1. Ordinance: Closing and vacating an alley adjacent to property located at 1370 East Bryan Avenue. Accept public comment and consider adopting an ordinance closing and vacating an alley as a public right-of-way adjacent to property located at 137o East Bryan Avenue,pursuant to Petition No. PLNPCM2o11-00207. (Baldomero and Lourdes Olivera are requesting the partial vacation of the alley that runs adjacent to their property in order to build a garage.) (P 11-13) Staff Recommendation: Close and consider options. 2. Ordinance: Columbus Court PUD Zoning Map Amendment,PLNPCM2011-000gl Accept public comment and consider adopting an ordinance requesting to rezone the parcels located within Columbus Court Planned Unit Development(PUD),approximately 70o North Columbus Court,from Foothills Residential(FR-2)to Single Family Residential (R-1/5,000). The purpose is to subdivide the existing lots into 12 smaller lots.Petitioner-Ensign Foreground LC. (Petition PLNPCM2011-00091) (P 11-14) Staff recommendation: Close and consider options. 3 Salt Lake City Council Agenda Tuesday, December 13, 2011 3. Ordinance:Accessory Dwelling Units(ADUs) Accept public comment and consider adopting an ordinance changing the City's zoning regulations allowing accessory dwelling units in single-family and multi-family zoning districts currently being considered by the City Council.The intent is to provide a broader mix of housing opportunities in existing neighborhoods that address changing family needs, economic conditions,smaller household sizes,and increase efficient use of existing housing, public infrastructure and transit.Related provisions of Title 21A—Zoning —may also be amended as part of this petition. Petitioner—Mayor Ralph Becker,Petition No. PLNPCM2o10-00612. (P 11-15) Staff recommendation: Consider options. D. POTENTIAL ACTION ITEMS: 1. Ordinances: Revisions to Chapter 8.04,Animal Control Sections of Salt Lake City Code, pertaining to removal of pet limit,implement cat licensing fee, and increase late licensing penalties Consider adopting an ordinance revising and amending the Salt Lake City Consolidated Fee Schedule and an ordinance amending applicable provisions within Chapter 8.04,Salt Lake City Code, pertaining to animal control,to remove limits on the number of dogs and cats owned by individuals;to require the prevention and abatement of nuisances associated with keeping dogs and cats,including but not limited to noise and odor;to allow the animal services director to waive late fees or extend licensing deadlines in individual cases as appropriate; and to require the licensing of cats (including an increase to pet licensing late penalties, Section 8.04.521 of Salt Lake City Code,Appendix A. (This proposal will remove limit on the number of pets per residence; require cat licensing,and increase pet renewal late ,,do* licensing penalties) (0 09-3) Staff recommendation: Consider options. 2. Amendment to Salt Lake City Consolidated Fee Schedule: Golf Green Fee Increase Consider adopting an amendment to the Salt Lake City Consolidated Fee Schedule and related text in Section 15.16.031 of the Salt Lake City Code regarding a Golf Green Fee increase which would become effective on January 1, 2012.The increase would: 1) set aside $1.0o per 9-hole round of golf to be used for Capital Improvement Projects at the City's golf courses, 2) depending on course,add an additional amount for operations, and 3) adjust golf discount programs. (0 11-9) Staff Recommendation: Consider options. 4 Salt Lake City Council Agenda Tuesday, December 13, 2011 3. Resolution: Local Building Authority—Final Budget,including the budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for Fiscal Year 2011- 2012 (Potential funding for the Glendale Branch Library) Consider adopting a resolution adopting the final budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City,Utah for Fiscal Year 2011-2012. (Potential Funding for the Glendale Branch Library) (B 11-9) Staff Recommendation: a.The Council will consider a motion to recess as the City Council and to convene as the Board of Directors of the Local Building Authority; b. Consider options. d.The Board of Directors will consider a motion to adjourn as the Board of Directors of the Local Building Authority and reconvene as the City Council. 4. Ordinance: Elimination of the Board of Adjustment and Land Use Appeals Board Consider adopting an ordinance changing the City Code including the City's zoning regulations to eliminate the Board of Adjustment and the Land Use Appeals Board as land use appeal authorities and replacing the boards with an appointed professional hearing officer.The hearing officer would review and make decisions relating to variance applications and appeals of Administrative,Planning Commission and Historic Landmark Commission decisions.The intent is to provide a more streamlined and consistent appeal process for land use decisions and reduce the expenditure of City funds and staffing resources. Related provisions of Title 21A—Zoning—may also be amended as part of this petition. Petitioner— Mayor Ralph Becker,Petition No.PLNPCM2o10-00312. (P 11-11) Staff Recommendation: Consider options. 5. Resolution/Ordinance: Interlocal Agreement Sugar House/ South Salt Lake Streetcar Project(Budget Amendment No.4) Consider adopting a resolution and an ordinance relating to the planned project to build a basic two-mile street car line at about 2200 South between McClelland Street(105o East) and the Utah Transit Authority Central Pointe TRAX Station at 221 West 2100 South. • The first item is a resolution proposing an interlocal agreement among Salt Lake City, South Salt Lake and UTA that would govern each city's and UTA's responsibilities to build and operate a streetcar line along the two-mile corridor. (C11-777) • The other item is an ordinance proposing a budget amendment to identify revenue and allocate Salt Lake City's share of the project. (B 11-11) Staff recommendation: Consider options. Salt Lake City Council Agenda Tuesday, December 13, 2011 E. COMMENTS: 1. Questions to the Mayor from the City Council. 2. Recognition of outgoing City Council Chair Jill Remington Love. 3. Comments to the City Council. (Comments are taken on any item not scheduled for a public hearing, as well as on any other City business. Comments are limited to two minutes.) F. NEW BUSINESS: (None) G. UNFINISHED BUSINESS: 1. Ordinance: Revision to Compensation Plan—Retirement Benefits for Elected Officials Consider adopting an ordinance that would revise the Compensation Plan for continuing elected officials as of January 1, 2012 to provide an option for a 401k contribution similar to that provided for new elected officials,pursuant to recent changes in State law. (0 ii-io) Staff Recommendation: Consider options. 2. Resolution :Housing Trust Fund Loan-City Front Partners, LLC Consider adopting a resolution authorizing a loan from Salt Lake City's Housing Trust Fund in the amount of$265,00o to City Front Partners, LLC for renovation at the Citifront Apartments located at 60o West North Temple. (Applicant—City Front Partners, LLC) (R 11-17) Staff Recommendation: Consider options. 3. Resolution: Volunteers of America requesting a HOME grant Consider adopting a resolution authorizing a grant from Salt Lake City's HOME Match Fund in the amount of$loo,000 to Volunteers of America,Utah to renovate a group home located at 556 South 50o East. (Applicant—Volunteers of America,Utah) (R 11-18) Staff Recommendation: Consider options. 4. Interlocal Agreement: Payment for HaLnlat and Bomb Squad Services Consider adopting a resolution authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Unified Fire Authority for the provision of hazardous materials response and explosive device operations. (C 11-805) Staff Recommendation: Consider options. 6 Salt Lake City Council Agenda Tuesday, December 13, 2011 5. Resolution: Local Building Authority of Salt Lake City-Authorizing Purchase of Property (relating to the new Glendale Library) Consider adopting a resolution authorizing the purchase of property at 1365 and 1395 South Concord Street and 1224 West 140o South for the planned Glendale Branch Library. (R 11-19) Staff Recommendation: a.The Council will consider a motion to recess as the City Council and to convene as the Board of Directors of the Local Building Authority; b. Consider options. d.The Board of Directors will consider a motion to adjourn as the Board of Directors of the Local Building Authority and reconvene as the City Council. H. CONSENT: 1. Set the date: Ordinance: Conditional Use City Code Text Amendment Set the date of Tuesday,January 3, 2012 to accept public comment and consider adopting an ordinance amending the City's zoning regulations to modify requirements for approving conditional use permits.These requirements were modified by the City Council in July, 2008. The proposed amendments are intended to clarify and resolve problems encountered by the Community Development Department in applying these requirements. Related provisions of Title 21A(Zoning)may also be amended as part of this petition. Petitioner-Mayor Ralph Becker,Petition No. PLNPCM2oo9-00174. (P 11-16) Staff Recommendation: Set the date. 2. Set the date: Ordinance: Electronic Billboards Set the date of Tuesday,January 3, 2012 to accept public comment and consider adopting an ordinance amending Chapter 21A.46 to modify sign regulations pertaining to billboards, electronic billboards and electronic signs. Among other things,the amendments will refine provisions adopted by the City Council in April 2010 that are scheduled to take effect on January 13, 2012. Related provisions of Title 21A—Zoning may also be amended as part of this petition. Petitions PLNPCM2o10-000717 and PLNPCM2010-00032—Mayor Ralph Becker. (0 11-7) Staff Recommendation: Set the date. 3. Board Appointment: Larry Jensen,Community Development and Capital Improvement Programs Advisory Board Consider approving the appointment of Larry Jensen to the Community Development and Capital Improvement Programs Advisory Board for a term extending through June 2, 2014. (I 11-2) Staff Recommendation: Approve. 7 Salt Lake City Council Agenda Tuesday,December 13, 2011 I. ADJOURNMENT: Dated: December 8, 2011 B ity Recorder STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) On or before 5:oo p.m. on December 8, 2011, I also personally(i) posted a copy of the foregoing on the Utah Public Notice Website created under Utah Code Section 63F-1-701, and (2)provided a copy of the foregoing to The Salt Lake Tribune or the Deseret News and to a local media correspondent. (711,Ae/d7t-14° city Recorder Subscribed and sworn to before me this 8th day of December, 2011. Notary Publ c (siding in the State of Utah Asiow Approval: BEVERLY JONES i � ' • i NOTARY PUBLIC-STATE OF UTAH % 1 ? — r ^/: 1 O r • � My Comm.Exp. 10I01/2013 ` Commission#580422 Executive Director Access agendas at http://www.slcgov.com/council/agendas/default.htm.People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance of council meetings. We make every effort to honor these requests,and they should be made as early as possible.Accommodations may include alternate formats,interpreters, and other auxiliary aids.The City and County Building is an accessible facility.For questions or additional information, please contact the City Council Office at 535-7600,or TDD 535-6021.Assistive listening devices are available on Channel I; upon four hours advance notice. Please allow 72 hours advance notice for sign language interpreters; large type and#2 Braille agendas. *Final action may be taken and/or adopted concerning any item on this agenda.After 5:oo p.m.,please enter the City& County Building through the east entrance.Accessible route is located on the east side of the building.In accordance with State Statute, City Ordinance and Council Policy,one or more Council "` Members may be connected via speakerphone. 8 Item A-3 Please refer to Item A- 5 from 12/06/ 2011 Item A-4 Please refer to 5 Item A- 6from 12/06/ 2011 MEMORANDUM DATE: December 1, 2011 TO: City Council FROM: Neil Lindberg RE: Proposed Text Amendments to Conditional Use Permit Approval Requirements CC: Cindy Gust-Jenson,Jennifer Bruno,Janice Jardine,Nick Tarbet,David Everitt,Ed Rutan, Paul Nielson,Frank Gray, Wilf Sommerkorn,Cheri Coffey,Ray Milner BACKGROUND/DISCUSSION This memorandum pertains to an ordinance proposed by the Community and Economic Development Department to modify requirements for approving conditional use permits. In July,2008, the City Council changed these requirements after substantial study.A principal reason for the change was to incorporate specific standards in the ordinance in order to make conditional use approvals less discretionary and thus more predictable. Now, after having had experience in applying these new standards,the Department wants to significantly modify them because it has "encountered a number of issues and problems in applying them . to specific projects and applications." The intent of the proposed amendments is to clarify and resolve these problems. The attached transmittal details the changes and Department's rationale for doing so. KEY POINTS • The proposed ordinance will collapse several existing specific approval standards into four general"Standards for Review."The remainder of the 2008 standards will be deemed"Factors to Consider"in applying the general standards. It is unclear whether the Factors to Consider would be mandatory, as is the case with the present standards,or are discretionary. • Several other technical amendments are proposed which will improve the ordinance. Council staff has suggested minor refinements to the proposed ordinance language which have been agreed to by Community Development staff. ISSUES/QUESTIONS FOR CONSIDERATION • Will the proposed changes make the conditional use permit process more predictable and hence less frustrating for applicants,neighbors, and the City? • If the now required standards are changed to"factors"that must simply be"considered," will the process be improved? • Although the use tables were substantially amended in 2008, should they be further modified to remove potentially detrimental conditional uses from particular zoning districts? 1 OUTLINE OF EXPECTATIONS Council and Community Development staff have discussed possible amendments to the proposed ordinance that will resolve the concerns of the Community Development Department as well as retain the specific standards adopted by the Council in 2008. It is proposed that the Council and Community Development staff work together to prepare an amended ordinance for Council consideration.This could be completed for a January, 2012 Work Session. OPTIONS • Confirm that the Community Development Department staff supports clarifying revisions to the draft ordinance. • Direct Council staff to amend the ordinance as may be discussed in the Work Session. • Proceed with the proposed ordinance as drafted. 2 SCANNED (II,j1 ��j��RtEfCE�WE�D�j+�AAPR 01i220010 SCANNED B FRANK B. GRAY w..Q�f.i`mot\C44 GU{ VJ,.i�ti/�:crl,rl'r..T ilaf T(E�. I/OIO rl�` DIRECTOR DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT D I LJ l� I�AY OFFICE OF THE DIRECTOR I { OE LA MARE-SCHAEFER DEPUTY DIRECTOR MAR 2 6 2010 CITY COUNCIL TRANSMITTAL ROBERT FARRINGTON, J DEPUTY DIRECTOR B1/ Date Received: 03 0 David Everitt, C ' f of Sta Date Sent to City Council: D TO: Salt Lake City Council DATE: February 23, 2010 JT Martin, Chair FROM: Frank Gray, Community&Eco mic Development Department Directo RE: Petition#PLNPCM2009-00174 Conditional Use City Code Text Amendments initiated by Mayor Becker STAFF CONTACTS: Ray Milliner,Principal Planner(801) 535-7645 or ray.millinerna,slcgov.com RECOMMENDATION: That the City Council hold a briefing and schedule a Public Hearing DOCUMENT TYPE: Ordinance BUDGET IMPACT: None DISCUSSION Issue Origin The rewrite of Chapter 21A.54, Conditional Uses, of the zoning ordinance is another step in the ongoing effort to amend and update the document and bring it into conformance with State regulations,best planning practices and to improve the efficiency of the regulation process. Chapter 21A.54 was modified most recently by the City Council in July of 2008. The changes were most specifically with regard to the standards and criteria necessary for approval. Staff has applied these criteria for approximately 1 and '/2 years and has encountered a number of issues and problems in applying them to specific projects and applications. These amendments arecan attempt to clarify and resolve those problems. Petition#PLNPCM2009-00174 Conditional Use Zoning Ordinance Text Amendments 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 145486, SALT LAKE CITY, UTAH 84114.5486 Page 1 of 6 TELEPHONE: 801-535-6230 FAX: B01-535.6005 WWW.SLCGOV.COM/CED It �r RECYCLE.PAPER Analysis There are a number of significant changes proposed in this chapter, as well as general fine tuning d designed to clarify language and facilitate understanding and application of the regulations. Below is a summary of the changes proposed, with a brief analysis of the rationale for the amendment(Petition#PLNPCM2009-00174). Planned Developments All substantive references to Planned Developments have been removed from this chapter, as the criteria, and process for a Planned Development will be moved to its own chapter. The Planning Commission recommended approval of these changes and they have been transmitted to the City Council. Administrative Conditional Use Changes to this section feature consolidating language from other areas of the chapter into one section. This will enable better understanding of the process and eliminate mistakes as all language will be located in one specific place. Standards for Review Staff has significantly modified the standards of review necessary for approval. The standards of review adopted in July 2008, included 5 standards with approximately 20 sub categories of standards, many of which seem repetitive when conducting an analysis of a Conditional Use. voto The proposed standards have been designed to reduce the repetition and better focus on impacts. One primary change to this section is the elimination of the "Detrimental Concentration" criteria from the existing ordinance. This provision required a review of all conditional uses and nonconforming uses within a radius of 'A mile of the proposed use with the purpose of determining whether or not the use is appropriate. The language reads: "f. Whether detrimental concentration of existing nonconforming or conditional uses substantially similar to the use proposed is likely to occur, based on an inventory of uses within one-fourth(1/4)mile of the exterior boundary of the subject property." After applying this requirement for approximately one year, staff has determined that this criterion should be eliminated for the following reasons: 1. When the City Council adopts the use table, a determination of the appropriateness of a use in the zone is made, and it is assumed that the use is compatible with surrounding uses provided the standards and factors for consideration are met. Therefore, there should not be a detrimental concentration because each approved conditional use, with associated conditions of approval,has been found to not impact the area. 2. There is no standard to determine what number (how many) of a certain type of conditional use would tip the scales to create the detrimental concentration. Amok Petition#PLNPCM2009-00174 Conditional Use Zoning Ordinance Text Amendments Page 2 of 6 3. If policy-makers determine that there is too large a concentration of a certain conditional use, then the appropriate action would be for the City Council to eliminate this use from the use table, rezone properties and/or modify the future land use map in the applicable master plan. Standards for Review have been separated from Factors to Consider, with the idea that the standards are the findings that the Planning Commission or administrative hearing officer must make in order to approve the use, and the factors to consider are the apparatus used to make said findings. There are 4 standards proposed and 14 factors to consider. State Code requires that any Conditional Use be approved unless the impact of the use on surrounding properties cannot be mitigated through the application of the standards and conditions of approval. Proposed standards include: 1. The use complies with all applicable provisions of this zoning ordinance, state and federal law; 2. The use is compatible or, with conditions of approval, can be made to be compatible with surrounding uses; 3. The use is consistent with applicable adopted City planning policies, documents and Master Plans., and 4. The anticipated detrimental effects of any differences in use or scale have been reasonably mitigated through careful planning. If a finding of compliance with these standards cannot be made, then denial of the project would be appropriate. Adversely, if a fmding of compliance can be made for each, then the use must be approved. Factors to Consider When reviewing the application for compliance, the Planning Commission or administrative hearing officer will consider 14 factors for approval. These factors though general, are designed to address the general issues and impacts of a use on neighboring properties while providing sufficient leeway to address the unique issues and problems related to each specific location and use. 1. The proposed use is one of the Conditional Uses specifically listed in this title. 2. Master Plan and Zoning Ordinance Compliance: The use is consistent with policies set forth in the adopted citywide, community, and small area master plan and future land use map where the use is located. 3. Use Compatibility: The use is well-suited to the character of the site, and adjacent uses. The analysis shall evaluate the intensity, size, and scale of the use compared to existing uses in the surrounding area. 4. Building Form and Scale: The mass, scale, style, design and architectural detailing of the surrounding structures as they relate to the proposed use shall be considered. 5. Access. Whether access points and driveways are designed to minimize grading of the natural topography, direct vehicular traffic onto major streets, and not impede traffic flows. Petition#PLNPCM2009-00174 Conditional Use Zoning Ordinance Text Amendments Page 3 of 6 6. Internal Vehicular and Pedestrian Circulation: Whether the internal circulation ,,104, — system is designed to mitigate adverse impacts on adjacent property from motorized, non-motorized, and pedestrian traffic. Sites shall be designed to enable access and circulation for pedestrians and bicycles. 7. Traffic: The proposed means of access to the site shall be carefully considered to determine the impact of the use on the service level to the street or any adjacent street; 8. Parking: The location and design of off-street parking complies with applicable standards of this Ordinance; 9. Utility Access: Whether there is sufficient utility capacity to support the use at normal service levels; 10. Buffering and Screening: Whether appropriate screening, buffering or other means to separate the use from adjoining dissimilar uses and mitigation of the potential for conflict in uses is provided. 11. Environmental Impact: Whether the use significantly impacts the quality of the surrounding air and water, encroaches into a river or stream, or introduces any hazards or environmental damage to any adjacent property. 12. Operation and Delivery: Whether the hours of operation and delivery of the use are compatible with surrounding uses. 13. Signs and Lighting: Whether signs and lighting proposed are compatible with, and do not negatively impact surrounding uses. 14. Historic Preservation: Whether the proposed use takes into consideration the preservation of historic resources and structures. Conditional Use RevocationAuk Currently, the standard to revoke a conditional use is unclear. Staff has drafted language allowing the Mayor or the Mayor's designee to initiate a revocation hearing requesting that the Planning Commission revoke or modify a conditional use, provided the following findings are met: 1. A material detrimental change in the conditional use approval without authorization or an amendment;or 2. Material noncompliance with the conditions prescribed upon issuance of the conditional use or with representations by the permittee as to the nature of the conditional use to be conducted; or 3. Operation of the conditional use in such a manner as to create an ongoing nuisance for neighboring persons or property. The language further provides hearing and appeal information relating to the use. Alterations or Modifications The proposal clarifies language relating to the modification of an existing conditional use or a nonconforming conditional use. Petition#PLNPCM2009-00174 Conditional Use Zoning Ordinance Text Amendments Page 4 of 6 1. Alterations or modifications to an existing legal conditional use that increase the floor area by one thousand (1,000) gross square feet or less and meets the standards for a conditional use may be approved by the Planning Director without a public hearing. 2. Alterations or modifications to an existing legal conditional use that increase the floor area by more than one thousand (1,000) gross square feet shall be reviewed as a new conditional use pursuant to the requirements and standards of the conditional use chapter. Fine Tuning There are a number of additional changes proposed to the document; nonetheless, they are not substantive in nature. These changes are designed to facilitate understanding and clarify, not to change meaning. Master Plan Considerations The community master plan land use policies generally define neighborhood, community and regional land use locations and characteristics. They do not specifically address the level of detail that code maintenance addresses. The purpose of this rewrite is another step in the ongoing effort to amend and update the document and bring it into conformance with State regulations, best planning practices and to improve the efficiency of the regulation process. All of these goals are consistent with the purposes and goals of the respective City Master Plans and the Zoning Ordinance. These amendments are an attempt to clarify and resolve problems encountered while applying the current standards of review in the Ordinance. PUBLIC PROCESS: This application was reviewed by the Zoning Amendment Project Task Force on August 10, 2009, and again on September 28, 2009. Summary notes are included as an attachment in 5.B of the Planning Commission staff report. The issue of concentration was reviewed and commented on by the ZAP task force, who had a number of comments and issues, including: • If it is discovered that there is a significant concentration of a negative use in an area, policy makers need to change the ordinance and not allow the use. • Need to ensure that the zoning map mirrors the applicable master plan. If the master plan calls for residential but the zoning map does not allow it, then that is a problem. • The zoning needs to be supported by the uses in the area. • In some areas you cannot rely on the zone, because the zoning does not match what is on the ground or in the plan. The project was also reviewed at an open house on July 21, 2009. No public comments were received. Petition#PLNPCM2009-00 174 Conditional Use Zoning Ordinance Text Amendments Page 5 of 6 Staff has received comments from members of the Sugar House Community Council expressing concern that the proposed changes will limit the amount of review available to Community Councils. Specifically, they were concerned that the following language would be removed from the document: 1. A signed statement that the applicant has met with and explained the proposed conditional use to the appropriate neighborhood organization entitled to receive notice pursuant to title 2, chapter 2.62 of this code; This language requires that an applicant present a project to the Community Council in which the project is proposed prior to any hearing in front of the Planning Commission. This draft does not alter that requirement. The Planning Commission held public hearings on October 14, 2009 and again on November 18, 2009. The Commission passed a motion to forward a positive recommendation to the City Council. The vote passed unanimously with Commissioners Gallegos, Fife, Dean, Muir, Chambless, Woodhead, and Algarin voting. Commissioner Woodhead was the chair and therefore did not vote. RELEVANT ORDINANCES: Amendments to the Zoning Ordinance and Maps are authorized under Section 21A.50 of the Salt amok Lake City Zoning Ordinance, as detailed in Section 21A.50.050: "A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard." It does, however, list five standards, which should be analyzed prior to rezoning property (Section 21 A.50.050 A-E). The five standards are discussed in detail starting on page 5 of the Planning Commission Staff Report (see Attachment 7). Petition#PLNPCM2009-00174 Conditional Use Zoning Ordinance Text Amendments Page 6 of 6 TABLE OF CONTENTS 1. CHRONOLOGY 2. ORDINANCE 3. CITY COUNCIL PUBLIC HEARING NOTICE 4. MAILING LABELS 5. PLANNING COMMISSION 5.A. POSTMARK OF PLANNING COMMISSION NOTICE NEWSPAPER 5.B. PLANNING COMMISSION STAFF REPORT FOR OCTOBER 14,2009 5.C. PLANNING COMMISSION STAFF REPORT FOR NOVEMBER 18,2009. 5.D. PLANNING COMMISSION MINUTES FOR OCTOBER 14, 2009 AND NOVEMBER 18, 2009 6. OPEN HOUSE INFORMATION 7. PUBLIC COMMENT RECEIVED AT OR AFTER THE PLANNING COMMISSION PUBLIC HEARING 8. ORIGINAL PETITION PROJECT CHRONOLOGY Petition #PLNPCM2009-00174 June 8, 2009 Petition Assigned to City Planner June 11, 2009 Petition Routed to City Departments June 17, 2009 Petition reviewed at Public Open House. August 10, 2009 Petition reviewed by "ZAP" task force. September 28, 2009 Petition reviewed by "ZAP"task force for a second time. September 30, 2009 Planning Commission hearing notice was published in the paper and notices were mailed to adjacent property owners. October 14, 2009 Planning Commission held public hearing, provided staff direction. November 18, 2009 Planning Commission held public hearing and voted unanimously to forward a positive recommendation to the City Council. December 9, 2009 Planning Commission ratified minutes for November 18, 2009 meeting. December 9, 2009 Staff requests ordinance from City Attorney's office. December 17, 2009 Staff received draft of proposed ordinance from City Attorney's Office. SALT LAKE CITY ORDINANCE No. of 2010 (An ordinance amending portions of Section 21A.54 of the Salt Lake City Code concerning conditional uses) An ordinance amending portions of section 21A.54 (Zoning: Conditional Uses) of the Salt Lake City Code pursuant to Petition No. PLNPCM2009-00174 pertaining to conditional uses. WHEREAS, the Salt Lake City Planning Commission ("Planning. o s 'iorf") held a 3. :r public hearing on November 18, 2009 to consider a request made bp* Salt Lke City Council ("City Council") (petition no. PLNPCM2009-00174) to amend'"certaiifportions of section 21A.54 of the Salt Lake City Code to ensure consistency2vith stat& w provisions, to clarify the intent of certain provisions, and to adjust some standards for conditional use approval; and WHEREAS, at its November 18, 2009 lleariig tle Planning Commission voted to ✓'3 transmit a positive recommendation to the<City &tined on said application; and WHEREAS, after a public liearii g on this matter the City Council has determined that the following ordinance is in the C�i �'Oest interests, NOW, THERz,,_; ,Ve it ordained by the City Council of Salt Lake City, Utah: SECTION,I. ` Mending text of Salt Lake City Code section 21 A.54.010. That section 21A.54: 0;ofe;,86lt Lake City Code (Conditional Uses: Purpose Statement), shall be, and hefty is, ai ended as follows: PfA.54.010: PURPOSE STATEMENT: A conditional use is a land use which, because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses, may not be compatible or may be compatible only if certain conditions are required that mitigate or eliminate the negative impacts. Conditional uses are allowed unless appropriate conditions cannot be applied which, in the judgment of the Planning Commission, or administrative hearing officer, would mitigate adverse impacts that may arise by introducing a conditional use on the particular site. Approval of a conditional use It requires a careful review of its location, design, configuration and special impact to determine the desirability of allowing it on a particular site. Whether it the use is appropriate in a particular location requires a weighing of;in each case, of the public need and benefit against the local impact , taking into account the applicant's proposals for ..meliorating any to mitigate, . adverse impacts through special site planning, development techniques an contributionssrto th re isio of ublic improvements, s n SECTION 2. Amending text of Salt Lake City Code section 21 A, .Cw 410esection 21A.54.020 of the Salt Lake City Code (Conditional Uses: Authority hall be and hereby is, amended as follows: 21A.54.020: AUTHORITY: w The Planning Commission, or in the case 9radministrative conditional uses, the Planning Director or designee, may, in ac dance with the procedures and standards set out in this chapter, and,otlir reN' ons applicable to the district in which the property is located, apprd4e uses lis ed as conditional uses in the tables """ " of permitted and conditional uses` __ ? ''_ ___a f ch cha ter of p III of H this title for each category of oning`''district or districts. SECTION 3. Amending text of Salt Lake City Code section 21A.54.030. That section 21A.54.030 of the Salt Lake City Cade (Conditional Uses: Categories), shall be, and hereby is, amended as follows: 21A.54.O ,p: t4tEGORIES OF CONDITIONAL USES: , onclitf6tIal uses shall consist of the following categories of uses: 40. as a whole, including their impactpublic facilities; and Requests considered and decided by the Planning Commission. B. listed in the tables of permitted and conditional uses found at the end of each 2 Requests considered and decided by the Planning Director or designee as an administrative conditional use. C. Administrative Consideration Of Conditional Uses: Certain conditional uses Fesntai ,efl e ti 21 A C t l C G f thi h t C 1't' 1 t a aao va s^. are listed as conditional uses in subsection 21A.'40.094E • ,,, 7 the-parking-requirement, zik sR1 • • 7 46. if t Y/} a. Are listed as a "residential" land use in,¢Il e tablof permitted and conditional us a' tO, t alVll , * • • $ i£ �f� SECTION 4. Amending text of..S'tAit La et'ity Code section 21A.54.040. That section 21A.54.040 of the Salt Lake City C£bdeCondfiional Uses: Site Plan Review), shall be, and "47,z hereby is, amended as follows: 21A.54.040: alpdis R algid C ' ls' •Amending •text of Salt Lake City •Code section •21 A.54.050. That section 111, 21A.,54.05( `the Salt Lake City Code (Conditional Uses: Initiation), shall be, and hereby is, amender as follows: 21A.54.050: INITIATION: An application for a conditional use may be filed with the Planning Director zening-ate by the owner of the subject property or by an authorized agent. 3 SECTION 6. Amending text of Salt Lake City Code section 21A.54.060. That section 21A.54.060 of the Salt Lake City Code (Conditional Uses: Procedures), shall be, and hereby is, amended as follows: 21A.54.060: PROCEDURES: A. Application: A complete application shall contain at least the followin information submitted by the applicant, unless certain information i determined by the Planning Directoradministrator to be, p 'cable ,y or unnecessary to appropriately evaluate the application: , - '1,101,4 1. The applicant's name, address, telephone numberrx l intere4t in the property; 2. The property owner's name, address and te1 hone urnber, if different than the applicant, and the property owner's i(nedicousent to the filing of the application; 3. The street address and legal descriptio e subject property; 4. The zoning classification, zonin('district boundaries and present use of the subject property; kk 5. A complete description of the,pr s conditional use; 6. Site plans, as requiredFptits swot,to section 21A.58.060 of this title; Am* 7. Traffic impact analysj*wherelequired by the City Transportation "48,W Division; `, 8. A signed statement tit the`applicant has met with and explained the proposed conditional u'e to the appropriate neighborhood organization entitled to receive r atice pursuant to title 2, chapter 2.62 of this code; • 9. flab s and first class a fee to cover postage for all persons uiredt{o be notified of the public hearing on the proposed -` conditional use pursuant to chapter 21A.10 of this title; u>r '"'`P 10. uch other and further information or documentation as the Planning ,. ' :eDirector may deem necessary for proper review 40„ and analysis of the application. -proper . Determination of Completeness: Upon receipt of an application for a conditional use, the Planning Director shall make a determination of completeness of the application pursuant to section 21 A.10.010 of this title. C. Fees: The application for a conditional use shall be accompanied by the fee established on the fee schedule. 4 D. Staff Report; Site Plan Review Report: Once the Planning Director zoning administrator has determined that the application is complete a staff report evaluating the conditional use application shall be prepared by the planning division and forwarded to the applicant and the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee in accordance with state law. along ?pith a-site plan r— ewe „ d-may vriV v♦ ir VrVl en the e elo nt r to • dry A9" r ,„ E. Public Hearing: The Planning Commission, or, in the case of administr.,'ve=,,, conditional uses, the Planning Director or designee shall schedule ho toja-public hearing on the proposed conditional use in accordance wi t '.. 40 tik • "Ts, standards and procedures for conduct of the public hearing se fort after 21A.10 of this title. (See sections 21A.5'1.150 and 21A.54.1 S4f .s tapter ct' for additional procedures for public hearings in connekyvit p� de„el pments and administrative conditional uses). ,r „.�;1, '"` F. Notice of Applications for Additional Approvals ever,In connection with the application , for a conditional use ap�oval, the lrcant is requesting other types of approvals, as required by this ti .alliance or special exception, all required notices shall incRide reference to the request for the conditional use as well as for all otheevpitcable required approvals. , G. Planning Commission and PlanriiitgDcectdor Designee Action: At the conclusion of the public hear rtg, the inning Commission, or, in the case of administrative conditionaljses,{lie Planning Director or designee shall either: 1) approve the conditional use• 2) approve the conditional use subject to specific modificatiorYs;;or 3) daffy the conditional use. SECTION 7. Arr ,nding teit of Salt Lake City Code section 21A.54.070. That section 21A.54.070 of th S A:40;k ysCode (Conditional Uses: Sequence of Approval for both a Conditional Use ap> Variance), shall be, and hereby is, amended as follows: ,,4iA5.54 O:'SEQUENCE OF APPROVAL OF APPLICATIONS FOR IH CONDITIONAL USE AND A VARIANCE: ';',,,Xlienever the applicant indicates pursuant to subsection 21A.54.060A9 of this frapter that a variance will be necessary in connection with the proposed conditional use(other than a planned development), the applicant shall at the time of filing the application for a conditional use, file an application for a variance with the board of adjustment. A. Combined Revie : Upon the fill of b' d l' t' f vrvii ui 11i 11&. VL a VVlll V111Va arrLlV Rl1 V11-3pfC[ conditional use and a variance, at the initiation of the Planing Commission or 5 simultane sl. B- Actions By Planning Commission And Board of Adjustment: Regardless f t t Dl r ,l B „r,l of dj + t a t their The Board of Adjustment shall not take any action on the application for a variance until the Planning Commission has acted shallrfifst-act to d appro val a, w on the conditional use. SECTION 8. Amending text of Salt Lake City Code section 21 A.54 "8( That ection 21A.54.080 of the Salt Lake City Code (Standards for Conditional Usesl;,;sh ,zb dnd hereby is, Any amended as follows: 21A.54.080: STANDARDS FOR CONDITIONAL ISS: A. General Standard For Approval: A conditional e: hall•be approved if reasonable conditions are proposed, or dnn be imposed, to mitigate the reasonably anticipated detrimental elf the proposed use in accordance with applicable standards set fo in%this s gtion. If the reasonably anticipated detrimental effects of a ro ose� dttional use cannot be substantially mitigated by the proposal osiciejmpatition of reasonable conditions to achieve compliance with> plicale standards, the conditional use shall be denied. B. Specific Stand d' ^ ^ f`" ' y rr • , i design nay ucs+ ddit l t y be re ably_ne fix. rt th ti, + (t .l f th „bsection . ., be mot i deste P d Zo g-Ordi ce-Compl rc Thep osed h flit' 1 sh ll be: 4` ° a. Consistent with small area mast L- `t d t' 1 ill b 1 ._ .._ _.,..____.._-_- _-- . ,�� �,� .eeated, and b. Allowed by the zone where the conditional ll be 'located o=`y 2. Use Compatibility: The proposed conditional use shall be compatible with the character of the site, adjacent properties, and existing-development th tl, + f tl t 1, e the wil b 1 Ito l In ete rt compatibility, tl. Pl g Ca mi_c 6 a. Whether the street or other means of access to the site whore the without materi lly degrading the service level on such street or any adjacent street; b. Whether the type of use and its location will create unusual pedestrian the development of a permitted use, based on: loc lstreets r,d if d + d + 1 l st * t t t �y safety,purpose, and character of these streets; prop=oPetTnd ; -,. J ad nt„ ert, uca j uitizrL�Tp�„.71Ty7 traffic; ,x. adeq-ivate t„ ppor sut 1,0 d + 1 1 t d ll rr r r1 ■�ti }fie do ed ::, .,, t oid ad, o t dj ai a uses, public set:y ,and utility resources; , 4 , , 4 4:"Eli::*1'fiees-frem--trashr-edieet4{311-Eleihzeries-and-meehaa' e a r t res�o he proposed-use; W the detaaaa ental t t � t t• - nonconforming or . i .ra•aav aaa .a a {. VV11V V11L1 L1L r = conditional uses substantially similar to the use proposed is likely to occur, based on an inventory of uses within one fourth (1/4` mi the y z exterior boundary ,the s„b;ect rr perty 3. Design Compatibility: The proposed conditional use shall be compatible a. Site design and location of parking lots, accessways, and delivery areas; b. Whether the proposed use, or development associated with the use, storage areas; or views or sounds of loading and unloading areas; and 7 . compared-to development and uses in-the nding area. d. If a proposed chapter 21 n co of this title 4• 11 + +T D (1 D`y pert • TL, 1 1't' ,1 „.e .1,,11 r• J r r i ic�ooiraz-cry iaua u.� `w t f tl • 1 1 diti r '•°,, > > L x�is� ; ; . shall: -. , C1 C, ' y property; and i. .. B. Standards for Revie' n;,;-, " A conditional us, , all be approved unless the Planning Commission, or, in the case of admit strati c, co ii itional uses, the Planning Director or designee conclude t!.t',: - ,_ o`%'ng standards of this subsection cannot be met. 1. The°us ,omplies with all applicable provisions of this title., ..2. -;;The it e"is compatible or, with conditions of approval, can be made to be .. as e atible with surroundin uses; ^;b g 't . he use is consistent with applicable adopted City planning policies, "`documents and Master Plans; and N;, /4. The anticipated detrimental effects of any differences in use or scale have been reasonably mitigated through careful planning, Factors to Consider The Planning Commission, or in the case of administrative conditional uses, the Planning Director or designee shall consider each of the following factors when 8 considering whether or not the proposed Conditional Use meets the standards listed in Section 21A.54.080B: 1. The proposed use is one of the Conditional Uses specifically listed in this title. 2. Master Plan and Zoning Ordinance Compliance: Whether the use is consistent with policies set forth in the adopted citywide, community, and small area master plan and future land use map where the use is located.," 3. Use Compatibility: The use is well-suited to the character of the sit c ,,, adjacent uses. The analysis shall evaluate the intensity, size, and 7a off- the use compared to existing uses in the surrounding area. 4. Building Form and Scale: The mass, scale, style d n d architectural detailing of the surrounding structures as they a the proposed use shall be considered. ., 5. Access. Whether access points and driveways are °,:fined t minimize grading of the natural topography, direct vehj ,,, f onto major streets, and not impede traffic flows. 6. Internal Vehicular and Pedestrian Circulatftuf tether the internal circulation system shall be designed_t mitiga1 adverse impacts on adjacent property from motorized, non-m braked,"and pedestrian traffic. Sites shall be designed to enable access and circulation for pedestrian and bicycles. t �s 3'0' 7. Traffic: The proposed means of ate to the site shall be carefully considered to determine tbeitupa t of the use on the service level to such street or any adjacent stA" 8. Parking: The location, and'rdesign of off-street parking complies with applicable standards of ' Ordinance; 9. Utility Access: whether t re is sufficient utility capacity to support the use at normal sere, ls; 10. Bufferingand Screening: Whether appropriate screening, buffering or other .mean : o ,separate the use from adjoining dissimilar uses and mit' ti4-smakt potential for conflict in uses is provided. 11. En ronme al Impact: Whether the use meet City sustainability plans, I1 sigifiutTy impacts the quality of the surrounding air and water, encrches into a river or stream, or introduces any hazards or nmental damage to any adjacent property, including cigarette 41noke. !` /Operation and Delivery: Whether the hours of operation and delivery of the use are compatible with surrounding uses. 13. Signs and Lighting: Whether signs and lighting proposed are compatible with, and do not negatively impact surrounding uses. 14. Historic Preservation: Whether the proposed use takes into consideration the preservation of historic resources and structures. Decision on Conditional Use Application 9 The Planning Commission or in the case of administrative conditional uses, the Planning Director or designee shall provide written notice of the decision, and all conditions imposed to the applicant and local community council within ten (10) days of the final action. This notice shall be recorded against the property by the City Recorder. C. Imposition Of Conditions Of Approval: The Planning Commission, or, in the case of administrative conditional uses, the Planning Director or the director's designee, may impose on a conditional use any conditions nec to make senfefin the proposed use compatible with the uses on .• ��n` "gin properties ' - - . :: : . ..-:.. : - : - . '- -' - . _. a- Cam; conditions may include, but are not limited tot conditions on thsc'e +e of'1 e use; its character or location; architecture; signage; construct q; •`''`:°.`ng; access; loading and parking; sanitation; drainage and util ' n:tog and screening; setbacks; natural hazards; public safety; ee '; •nment - impacts; hours and methods of operation; dust, fumes, s n d;Odor; noise, vibrations; chemicals, toxins, pathogens, and gases; arid heat, light, and radiation. c '' nditi ~ steal : n 1 t ,fit, t i „Y�R♦i'y diti . ,l o• m�cviraauV~ te-t` * .,lf 3. Be within the police powers of Salt>✓ t e eity; • e ; c• > .fit, t t,t' ition ed; Jt 1V C�-GIIL �VnRiZ1V11 1J 1f~�./^ • • • 21Mf/�t'f }t�o�',1n~Af'f'.f. v'fnt • litho , I. g . 1.5, Theoposed use is unlawful; and ,:- application or by the imposition of r asonablc conditions to achieve SECTION 9. Amending text of Salt Lake City Code section 21A.54.090. That section 21A.54.090 of the Salt Lake City Code (Conditional Uses: Violations/Revocation), shall be, and hereby is, amended as follows: AIN 10 21A.54.090:---V-IOLATI4W-OFL-GONDITTONS-CONDITIONAL USE REVOCATION: Violation of any condition of an approved conditional use shall constitute grounds fer-revec-atiefFef-the-senclitienal-use-appreval, Conditions of Revocation: The holder of the conditional use shall be responsible for the operation of the use in conformance with the ordinances of the city. AnyA: conditional use issued by the city may be suspended or revoked by the Mayour the Planning Commission, upon a finding by the Mayor or the Planning ,, \ .. =/monk Commission of a violation of any of the following with respect to the hc de71* '''',«. the use or its operator or agent: A 44414,4syt 1. A material detrimental change in the conditional use app ikwailiNt t ,..„. . authorization or an amendment; or 2. Material noncompliance with the conditions prerrib otkissuance of the conditional use or with representations by t,e ptimi e as to the nature of the conditional use to be conducteor ,,,f#,-- 1' 3. Operation of the conditional use in such alnanher a to create an ongoing --„,, nuisance for neighboring persons orProperty. Upon making a decision to suspend or t. votk,thptonditional use, the Mayor or Planning Commission shall send witrten`hotic,Of the suspension or revocation to the holder of the conditional used post It,on the Planning Division web site unless an appeal is filed. If there islii existing business license associated with the use, said license will besuiiwdetalong with the use. SECTION 10. Amendinkaittvf Salt Lake City Code section 21A.54.100. That section 21A.54.100 of the Sal;lakCityVOde (Conditional Uses: No Presumption of Approval), shall _ be, and hereby is Nnurended as follows: 21A.44.106i N&PRESUMPTION OF APPROVAL: k / Vlistnig of a conditional use in any table of permitted and conditional uses foulitithe end of each chapter of part III of this title for each category of zoning ,4;,=. district or districts found in this title does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis, in relation to its compliance with the standards and factors conditions set forth in this chapter and with the standards for the district in which it is located, in order to determine whether the conditional use is appropriate at the particular location. 11 SECTION 11• Amending text of Salt Lake City Code section 21A.54.130. That section 21A.54.130 of the Salt Lake City Code (Conditional Use Related to the Land), shall be, and hereby is, amended as follows: 21A.54.130: CONDITIONAL USE RELATED TO THE LAND: v 7r, A Conditional w, e transferable with the title to the underl in ro ert so that an a licant a , convey or assign an approved use without losing the approval. The ate l t m v not transfer the use from the site on which the approval was grantol applicant changes the use on the property, the existing conditionbe ;G es null and void. SECTION 12. Amending text of Salt Lake City CodeAction 1A.54.135. That section 21A.54.135 of the Salt Lake City Code (Alterations or l odikcati ito a Conditional Use), shall be, and hereby is, amended as follows: 21A.54.135: ALTERATIONS OR MODIRCAtIONS TO A CONDITIONAL USE: Any modification to a legally ion cooxming land use curry listed as a conditional use under e ' g c •ent zoning regulations is first required to shall b e obtain cori' .: onal u e approval subject to the provisions of this chapter if the floor area*it'd*by more than 25% of the gross floor area, or one thousand (1,000). ., oss squre feet whichever is less er-mere and/or the parking requirement i etreas • p ced set forth in section 21A.51.155 of this chapter. Aatibns or modifications to an existing legal conditional use that increase the '= flootrea by less than 25% of the gross floor area or one thousand (1,000)gross ,s ire feet whichever is less ma be a roved b the Plannin Director without a blic hearing. Alterations or modifications to an existing legal conditional use that increase the floor area by more than 25% of the gross floor area or one thousand (1,000) gross square feet whichever is less, shall be reviewed as a new conditional use pursuant to the requirements and standards of this chapter. 12 SECTION 13. Amending text of Salt Lake City Code section 21A.54.140. That section 21A.54.140 of the Salt Lake City Code (Conditional Use Approvals and Planned Developments), shall be, and hereby is, amended as follows: 21A.54.140: CONDITIONAL USE APPROVALS AND PLANNED DEVELOPMENTS: When a development is proposed as a planned development pursuant to th- ..' `„4, procedures in section 21A.51.150 21A.55 of this title chapter and also i.vclu'=l '',,.- an application for conditional use approval, the Planning Commissie,, s ',,.1 decide the planned development application and the conditional use appti to''"' er. In the event that a new conditional use is proposed after a planned o 0 ent has been approved pursuant to section 21A.54.150 21A.55 oils title , the proposed conditional use shall be reviewed and approve0kravid •rth conditions, approved with modifications, or denied un, r the silgtdards set forth in section 21 A.54.080 of this chapter. 4 ,.4` SECTION 14. Amendingtext of Salt Lake City4,. ,Section 21A.54.155. That section 21A.54.155 of the Salt Lake City Code (AdminigietA Consideration of Conditional Use Approvals), shall be, and hereby is, amendel•,as follows: 21A.54.155: ADMINISTRAt'IVELY APPROVED CONDITIONAL USES: gj 4, toy , ,. The purpose of this sectio iAft'establish an administrative hearing process for certain categories&low irhpact conditional uses as authorized by subsection 21 A.54.030EBof t §,dip ter. Conditional uses that are authorized to be reviewed ad • .i are: Ail* P 1.;"Ari_pliclajAs for low power wireless telecommunication facilities that are 1; liste ;as conditional uses in subsection 21A.40.090E of this title. 2. lbubl-ic/private utility buildings and structures in residential and zAonresidential zoning districts that are listed as conditional uses. 3- Any conditional use as identified in the tables of permitted and conditional uses for each zoning district, except those that: a. Are located within a residential zoning district; b. Abut a residential zoning district or residential use; or c. Require planned development approval. A. Application Requirements: 13 Administrative conditional use applications shall be subject to the standards found in section 21A.54.080 of this chapter. of the Salt Lake-City .,lam 3. Application: The applicant '` <, ` N ;, i B. Administrative Hearing: N Ai, F 1. Noticing and Posting Requirements: Notice o1Jie pposed conditional use shall be conducted mailed " YY rna'ic r e Prop' ' + preport., shall be-posted pursuant to subsec` iG1 1A.10.020B of this title. 3 2. Administrative Hearing: Afterdonsi,c eration of the information received from the applicant and concerned,,res kenos, the Planning Director or designee may approve, appr ve With cdnditions, or deny the conditional " use request. At the administrative hearing, te;,Plarining Director or designee may decline to hear or decide the reque :ad forvArd the application for Planning Commission consideration, if it is determ i d'that there is neighborhood opposition, if the applicant has failed to adec4vately address the conditional use standards, or for any other reason k he di§prellon of the Planning Director or designee. The Plarnird hector or designee may grant the conditional use request only if the p:dposed .elopment is consistent with the standards for conditional uses lid secf,n 21A.54.080 of this chapter and any specific standards listed in , is tiit atregulate the particular use. Y�D.. 1 f l Titten notice at nny time-prior to the before the Planning C •�-.��•�� �. �-•, �..-.� Y-.�. .� ...- D t � .7 t t' 1, „bjectio s to_ c ad inistr tiye U[ISII11J11 Ulf Y t O� n JT J consideration will be deemed waived. The notice shall specify all reasons for the 0"0„0 14 objection to the administrative hearing. Upon receipt of such an objection, the matter will be forwarded to the Salt Lake City Planning Commission for consideration ..„rl .-1ecisio notice of an appeal within fourteen(11) days after the Planning Director's 1, , use, �Ak SECTION 15. Amending text of Salt Lake City Code sectia; A.54.16. That section 21A.54.156 of the Salt Lake City Code (Conditional Uses: Ap eaLof Administrative Decision), shall be, and hereby is, amended as follows: 21A.54.156: APPEAL OF ADMINISTRATIVE DECISION: Any person aggrieved by the decision made the Planning Director or designee at an administrative hearing may app°eaLthat deccision to the Salt Lake City Planning Commission by filing,Ace o appeal within ten (10) days after the date of the written administra ve datsion. The notice of appeal shall specify, in detail, the reason(s) for the apphi. Reasons for the appeal shall be based upon procedural error or comnce wit the standards for conditional uses listed in section 21A.54.080 of th .yc fitter or any specific standards listed in this title that regulate the partthe partietkiar use. SECTION. 4: aig text of Salt Lake City Code section 21 A.54.160. That section 21A.54.160 of the f.Saf:Lake City Code (Conditional Uses: Appeal of Planning Commission Decisio45, shall eer,.and hereby is, amended as follows: 21A54.160: APPEAL OF PLANNING COMMISSION DECISION: Any party aggrieved by a decision of the Planning Commission on an application for a conditional use, including a p'an ea development, may file an appeal to the land use appeals board within ten (10) thirty (30) days of the date of the written decision. The filing of the appeal shall not stay the decision of the Planning Commission pending the outcome of the appeal, unless the Planning Commission takes specific action to stay a decision. 15 SECTION 17. Amending text of Salt Lake City Code section 21A.54.170. That section 21A.54.170 of the Salt Lake City Code (Conditional Uses: Appeal of Land Use Appeals Board Decision), shall be, and hereby is, amended as follows: 21A.54.170: APPEAL OF —BORD.DE SIGN: APPEAL OF REVOCATION OF CONDITIONAL USE: If the Planning Commission suspends or revokes any conditional e section 21A.54.090, the holder of the use shall have a right to ap .e suspension or revocation decision to the Land Use Appeals r't d. The/older must file the appeal with the Planning Director within ten '1, S.o the record of decision that the City has revoked the Conditional U: e. ., 4 . SECTION 18. Effective Date. This ordinance shall becoi °effective on the date of its first publication. xr Passed by the City Council of Sa' ake'City, Utah, this day of 2010. CHAIRPERSON . ATTEST Al COd ERSIGN: CITY ' `` ORI ER NY Transmitted to Mayor on Mayor's Action: Approved. Vetoed. 16 NOTICE OF PUBLIC HEARING The Salt Lake City Council will hold a public hearing regarding Petition PLNPCM2009- 00174, a request by Salt Lake City Mayor Ralph Becker for a text amendment modifying Chapter 21A.54, Conditional Uses, of the Salt Lake City Zoning Ordinance. The purpose of the amendment is to bring the chapter into compliance with state code, to clarify the intent of certain sections, and to revise the standards and factors to consider necessary for conditional use approval. These text changes are citywide. As part of its review, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone who would like to address the City Council about this issue will be given an opportunity to speak. The hearing will be held: Date: Time: 7:00 p.m. Place: Room 315 (City Council Chambers)* Salt Lake City and County Building 451 S. State Street Salt Lake City, UT *Please enter building from east side. If you have any questions relating to this proposal or would like to review the petition on file, please contact Ray Milliner, Principal Planner, at (801) 535-7645 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at ray.milliner@slcgov.com. People with disabilities may make requests for reasonable accommodations no later than 48 hours in advance in order to attend this public hearing. Accommodations may include alternate formats, interpreters, and other auxiliary aids. The City & County Building is an accessible facility. For questions, requests, or additional information, please contact the City Council Office at (801) 535-7600, or TDD (801) 535-6021. PETE TAYLOR KEVIN JONES SUNNYSIDE EAST ANGIE VORHER EAST BENCH CHAIR 933 SOUTH 2300 EAST JORDAN MEADOWS CHAIR 2500 SKYLINE DRIVE SALT LAKE CITY, UT 84108 1988 SIR JAMES DRIVE ,LT LAKE CITY, UT 84108 SALT LAKE CITY, UT 84116 GORDON STORRS ELLEN REDDICK RANDY SORENSON FAIRPARK CHAIR BONNEVILLE HILLS CHAIR GLENDALE CHAIR 159 NORTH 1320 WEST 2177 ROOSEVELT AVENUE 1184 SOUTH REDWOOD DR SALT LAKE CITY, UT 84116 SALT LAKE CITY UT 84108 SLAT LAKE CITY UT 84104 PHILIP CARLSON ESTHER HUNTER BILL DAVIS SUGAR HOUSE CHAIR UNIVERSITY NEIGHBORHOOD BALL PARK CHAIR - 1917 EAST 2700 SOUTH 1049 NORRIS PLACE 332 WEST 1700 SOUTH SALT LAKE CITY, UT 84106 SALT LAKE CITY, UT 84102 SALT LAKE CITY UT 84115 TERRY THOMAS , WESTPOINT CHAIR ; 1840 STALLION LANE f=00THiLUSUNNYSIDE CHAIR SALT LAKE CITY UT SALT LAKE CITY, UT 84116 D. CHRISTIAN HARRISON JUDITH LOCKE DOWNTOWN CHAIR GREATER AVENUES CHAIR 336 WEST BROADWAY,#308 407 7TH AVENUE SALT LAKE CITY, UT 84101 SALT LAKE CITY, UT 84103 DEWITT SMITH LOGGINS MERRILL LIBERTY WELLS EAST CENTRAL CHAIR 328 EAST HOLLYWOOD AVE P.O. BOX 521809 SALT LAKE CITY, UT 84115 SALT LAKE CITY, UT 84152 LISETTE GIBBONS MIKE HARMAN YALECREST CHAIR POPLAR GROVE CHAIR 1764 HUBBARD AVE 1044 WEST 300 SOUTH SALT LAKE CITY, UT 84108 SALT LAKE CITY UT 84104 BEVERLY NELSON RON JARRETT FEDERAL HEIGHTS ROSE PARK CHAIR 26 SOUTH WOLCOTT STREET 1441 WEST SUNSET DRIVE SALT LAKE CITY, UT 84102 SALT LAKE CITY, UT 84116 PAMELA PEDERSEN . EAST LIBERTY PARK POLLY HART SALT LAKE CITY SCHOOL DIST. CAPITOL HILL CHAIR 440 EAST100 SOUTH 355 NORTH QUINCE STREET SALT LAKE CITY, UT 84111 SALT LAKE CIYT, UT 84103 MARK BRINTON THOMAS MUTTER WASATCH HOLLOW CENTRAL CITY NEIGHBORHOOD 1869 LOGAN AVE COUNCIL CHAIR SALT LAKE CITY, UT 84108 228 EAST 500 SOUTH#100 SALT LAKE CITY, UT 84111 Salt Lake Chamber of Commerce 175 East 400 South, Suite#100 Salt Lake City, Utah 84111 Ar'R, Vest Pocket Business Coalition PO Box 521357 Salt Lake City, Utah 84152-1357 Westside Alliance C/O Neighborhood Housing Services VERIZON COMCAST Maria Garcia 2777 S. CORPORATE PARK DRIVE 9602 S. 300 W. 622 West 500 North WEST VALLEY CITY,UT 84102 SANDY, UT 84070 Salt Lake City,Utah 84116 ROCKY MOUNTAIN POWER QWEST CEO: RICH WALJE 2064 ALEXANDER ST, STE F 201 S. MAIN STREET SALT LAKE CITY, UT 84119 SALT LAKE CITY,UT 84111 0000. .dated 10/05/04 DC Eric McCulley Legacy Nature Preserve Scott Sabey SWCA Environ.Consultants David M. & Michelle Liechty Northpoint Duck Club 257 East 200 South ;Suite 200 643 East 540 North 215 South State Street, Suite 1200 SLC, UT 84111 Centerville, UT 84104 SLC, UT 84111 Elliott F. Christensen Cullen Battle 8678 Sugarloaf Circle Harrison Duck Club Sandy, UT Circle Edward L. Gillmor 215 South State Street 3819 South 2000 East 12in Floor SLC, UT 84109 SLC, UT 84111 Roberta Schnicher Elle Sorensen 1236 East Yale Street FedEX National LTL, Inc. Audubon Society SLC, UT 84105 1144 Griffin Road 3868 S. Marsha Drive Lakeland, FL 33805 SLC, UT 84128 Scott Wangsgard Ann Neville Wayne Martinson Rudy Duck Club Kennecott Nature Preserve 549 Cortez Street American Plaza II PO Box 6001 SLC, UT 84103 57 West 200 South, Ste.400 Magna, UT 84044 SLC, UT 84101 Richard D.West 2234 Arosa Circle Sandy, UT 84093 Esther Henrichsen 621 6th Avenue SLC, UT 84103 Chriis Cole 2891 South 2000 East SLC, UT 84109 SALT LAKE C`- 'Y PLANNING COMMISSION MEETI AGENDA In Room 326 _ne City & County Building at 451 South State Street Wednesday, October 14,2(0)9 at 5:45 p.m. T old trip is scheduled to leave at 4:00 p.m. Dinner will bci;,erved to the Planning Commissioners and Staff at 5:00 in Room 126. Work Session—The Planning Commission 0).11 receive a briefing on the Small Neighborhood Business Analysis Project and may discuss other project updates and mihor administrative matters. This portion of the meeting is open to the public for observation. Approval of Minutes from Wednesday. September 9, 2009 Sr:September 23,2009 Report of the Chair and Vice Chair Report of the Director • 1. City Council policy statement regarding civic campus. Vote for the new Chair and Vice Chair Briefing • 2. Proposition #1-Public Safety Building--Salt Lake City does not currently have a dedicated Emergency Operations center, leaving residents and businesses .highly vulnerable in the event of an emergency or catastrophic event. Proposition #1 will allocate $125 million in general obligation bonds that will pay for the • Public Safety Building, an underground parking structure, and a dedicated Emergency Operations Center. The estimated tax impact is $6.25,per month or $75,per year for the average residential property and $43.52 per month or$522.32 per year for the average business. For additional information go to: www.slcgov.comipsb Pu' Hearings 3. PLNPCM2009-00726; Pet Cemetery Zoning Ordinance Amendment —a request by the Rival Investments for a zoning text amendment to modify Sections 21A.62.040 (definitions) and 21A.30.080 (Commercial Table of Permitted and Conditional Uses) of the Salt Lake City Zoning Ordinance to create a new definition for a "Funeral Home" a new definition for an "Animal Cremation Service" and to allow Animal Cremation Services in the Commercial Corridor zoning district as a permitted use. The purpose of the request is to allow a pet cremation service at approximately 1727 East Majbr Street. The proposed text amendments are City wide. (Staff contact: Ray Milliner at 801.535:7645 or ray.milliner(a slcgov.com). 4. PLNPCM2009-00174; Conditional Use Chapter Amendments— a request by Mayor Ralph Becker for zoning text amendment approval to modify Chapter 21A.54, Conditional Uses, of the Salt Lake City Zoning Ordinance. The purpose of the amendments is to bring the chapter into compliance with state code,to clarify the intent of certain sections, and to revise the standards and factors necessary for conditional use approval. The proposed text amendments are City wide (Staff contact: Ray Milliner at 801.535.7645 or i`ay.;iiii tiler Cuslc-,�o'v.com). 5. PLNPCM2009-00784; Dick N' Dixie's Private Club a request by Jason Rasmussen for a conditional use approval to operate a private club at approximately 479 East 300 South (currently "Andy's Place"). The subject property is located in the R-MU (Residential Mixed Use) zoning district in City Council District 4, represented by Luke Garrott(Staff contact: Katia Pace at 801-535-6354 or katia.pace(a slcgov.com). 6. PLNPCM2009; Quest Assisted Living Facility Conditional Use—a request by Quest Services for conditional use approval of a Small Assisted Living Facility in an existing single-family dwelling at approximately 1820 West 800 North. The property is located in the R-1/5000 zoning district in City Council District One; • represented by Carlton Christensen (Staff contact: Wayne Mills at 801.535.7282 or wayne.mills(a,slcgov.com). isit the Planning Division's website at wwwslcgov.coin/CED/planning for 'copies of the Planning Commission agendas; •.xff reports, and minutes. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days 'ter they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission. f j;tt+tlrt;t��:tt;;rrtltr;t :;:.E, ADI,LOM DNII2IV 3 II L)Irlial 1d a��� ��Es �,�hS)i) Ju % Oct t t tr8 IIIt� 1 08lSbtxo8Od •-ra"k I l ,)M I� 90ti WOOS ` leans ales Trios t UOiStntG U1UUt11d 'CID a'( ' >I S vl1178 3OOJdlZ1n10271j(]3iIHb'l ,1 �" '`"� _n 500Z 0£d3S Sf6Ozb000 O W 00 $ vAn. z o m•ti �eso s-V1 l, -'!i_!:'.n ..__.._.m2t_at_ ...!:`.,,rr you'.will Audi the st tii am:;pe tiener presentations hearings will be opened for public comment. Conununn„r Councils will present their continents at the beginning,. of th hearing 3 Is order to be considerate of everyone attending the meeting,public comments are limited to two(2)minutes per person, per item A spokesperson who has alrcad beer.asked by a erot.p to summarize•ti:eirconcerns will be allowed five(5)minutes to speak. Written comments are welcome and will be provided to the Plannin • Commission in advance of the meeting if they are submitted to the Planning Division prior to noon the day before the meeting. Written comments should be sent to: Salt Lake City Planning Commission 451 South State Street.Room 406 Salt.Lake City UT 84 I t I 4 Speakers will be calicd by die Chair. >5. Please state your name and your affiliation to the petition or whom you represent at the beginnerg of your comments. • 6. Speakers should address their comments to the Chair.Planning Commission members may have questions for the speaker.Speakers map not debate with other mectin_ attendees. •7. Speakers should focus their comments on the agenda item.Extraneous and repetitive comments should be avoided. 8. After those registered have spoken.the Chair will invite other comments.Prior speakers may be allowed to supplement their previous comments at this time. 9. After the hearing is closed, the discussion-will be limited among Planning Commissioners and Staff. Under unique circumstances, the Planning Commission may choose to reopen the hearing to obtain additional infonnation. 10 The Salt Lake City Corporation cornplies.iyilt all ADA guidelines.People with disabilities may make requests for reasonable accommodation no later than 48 hours is advance in order to attend this meeting.Accommodations may include alternate formats, interpreters, and other auxiliary aids. This is an accessible facility. For questions.requests.or additional information',please contact the Planning Office at 535-7757;TDD 535-6220. SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City & County Building at 451 South State Street Wednesday, November 18,2009 at 5:45 p.m. he field trip is scheduled to leave at 4:00 p.m. Dinner will be served to the Planning Commissioners and Staff at 4:45 p.m., in Room 126. Work Session—The Planning Commission may discuss project updates and minor administrative matters and an update on the North Temple Master Plan and the Downtown Streetcar Project. This portion of the meeting is open to the public for observation. Approval of Minutes from Wednesday, October 28,2009 Report of the Chair and Vice Chair Report of the Director Public Hearings 1. PLNPCM2009-00726; Pet Cemetery Zoning Ordinance Amendment—a request by Rival Investments for a zoning text amendment to modify Sections 21A.62.040 (definitions) and 21A.30.080 (Commercial Table of Permitted and Conditional Uses) of the Salt Lake City Zoning Ordinance to create a new definition for a "Funeral Home" a new definition for an "Animal Cremation Service" and to allow Animal Cremation Services in the Commercial Corridor zoning district as a permitted use. The purpose of the request is to allow a pet cremation service at approximately 1727 East Major Street. The proposed text amendments are City wide. (Staff contact: Ray Milliner at 801.535.7645 or ray.milliner(a,slcgov.com). 2. PLNPCM2009-01196 Conditional Use for Utility Box Installation—a request by Rocky Mountain Power, represented by Alene Bentley for the installation of 18 utility boxes between 2830 East and 2940 East Oakhurst Drive, 2849 East and 2927 East Millicent Drive and 1063 South and 955 South Vista View Drive. The purpose of the application is to upgrade a failing electrical system in this neighborhood. The subject property is located in the R-1-12,000 Residential zoning district and is within Council District 6, represented by JT Martin (Staff contact: Ray Milliner 801.535.7645 or ray.milliner(aslcgov.com). 3. PLNPCM2009-00902; Amendments to Regulation of Utility Boxes— a request by the City Council for a zoning text amendment to modify Chapter 21A.40.160, Utility Box Regulations, of the Salt Lake City Zoning Ordinance. The purpose of the amendments is to streamline the process of approvals, to clarify the intent of certain sections, and to revise the standards and factors necessary for conditional use approval. The proposed text amendments are city-wide (Staff contact: Ray Milliner at 801.535.7645 or ray.millinerAslcgov.com). 4. PLNPCM2009-00174; Conditional Use Chapter Amendments—a request by Mayor Ralph Becker for zoning text amendment approval to modify Chapter 21A.54, Conditional Uses, of the Salt Lake City Zoning Ordinance. The purpose of the amendments is to bring the chapter into compliance with state code, to clarify the intent of certain sections, and to revise the standards and factors necessary for conditional use approval. The proposed text amendments are city-wide (Staff contact: Ray Milliner at 801.535.7645 or ray.millinerAslcgov.com). Visit the Planning Division's website at www.slcgov.com/CED/planning for copies of the Planning Commission Tendas, staff reports, and minutes. Staff Reports will be posted the Friday prior to the meeting and minutes 3 be posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission. ii.l._l..l.l�...�1...I..l..l. it 13I,LONI 3IZ$Ild /V8 _1() 1 �• tilts in KID a)Iu'I IPS • Q kila )42 qj 08t'Si7i Xog Od 90t� wool `pails awls limos i Sty �� 1 � uots!Al4 2uiuuuld 1 ) apl fifes y l 1.b8 3000dlZ V9021d ~ t7711t/W � a. ' � - 600Z £0 AONl 80981 ZPCOC ' t-' !tI Ott/ 00 $ zo T" _ '� e =AmmismerAIMINWfin;.�r� 9 6* '••� N7> 66. 16"Od ga-\- I. Fill out registration card and indicate if you wish to speak and which agenda item you will address. 2. After the staff and petitioner presentations, hearings will be opened for public comment. Community Councils will present their comments at the beginning of the hearing 3. In order to be considerate of everyone attending the meeting,public comments are limited to two(2)minutes per person, per item. A spokesperson who has already been asked by a group to summarize their concerns will be allowed five(5)minutes to speak. Written comments are welcome and will be provided to the Planning Commission in advance of the meeting if they are submitted to the Planning Division prior to noon the day before the meeting. Written comments should be sent to: Salt Lake City Planning Commission 451 South State Street,Room 406 Salt Lake City UT 84111 4. Speakers will be called by the Chair. '" 011111,. 5. Please state your name and your affiliation to the petition or whom you represent at the beginning of your comments. 6. Speakers should address their comments to the Chair.Planning Commission members may have questions for the speaker.Speakers may not debate with other meeting attendees. 7. Speakers should focus their comments on the agenda item.Extraneous and repetitive comments should be avoided. 8. After those registered have spoken,the Chair will invite other comments.Prior speakers may be allowed to supplement their previous comments at this time. 9. After the hearing is closed, the discussion will be limited among Planning Commissioners and Staff. Under unique circumstances, the Planning Commission may choose to reopen the hearing to obtain additional information. 10. The Salt Lake City Corporation complies will all ADA guidelines. People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to attend this meeting. Accommodations may include altemate formats, interpreters, and other auxiliary aids. This is an accessible facility. For questions,requests,or additional information,please contact the Planning Office at 535-7757;TDD 535-6220. PLANNING COMMISSION STAFF REPORT 0,4 AMENDMENTS TO CHAPTER 21A.54: CONDITIONAL USE: ISSUES ONLY ,rd ;`r1-_ Case #PLNPCM2009-00174 ;i'7`,111j11I • October 14, 2009 •'••�;,I IT ;,'��� Planning and Zoning Division Department of Community and Economic Development Applicant: City Council REQUEST Staff: Ray Milliner ray.milliner@slcgov.com This petition is part of the City Council "Issues for Further Study" (801)535-7645 request created during the Conditional Use amendment project in Current Zone: 2008. The Council specifically requested that the administration N/A analyze the standards for conditional uses to ensure their appropriateness. Therefore a petition to amend the following sections Master Plan Designation: of the Zoning Ordinance was initiated. As part of that ongoing process City Wide staff has modified Chapter 21A.54 Conditional Use, and is requesting Council District: that the Planning Commission review and provide direction with 'y Wide regard to the proposed changes. Review Standards The purpose of the amendment is to bring the chapter into compliance 21A.50.050 Standards for General with state code, to clarify the intent of certain sections, and to revise Amendments the standards and factors necessary for conditional use approval. Affected Text Sections Chapter 21A.54. STAFF RECOMMENDATION Notification • Notice mailed on September 28,2009 • Published in Deseret News September Staff recommends that the Planning Commission review the proposed 28,2009 modifications to Chapter 21A.54 Conditional Use as an issues only • Posted on City& State Websites item, conduct a public hearing and provide staff with direction. September 28,2009 Attachments Staff is not requesting a decision by the Planning Commission at this A. Proposed Text Amendments meeting. The matter will be scheduled for a future Public Hearing with B. Summary Notes from ZAP task a formal recommendation. - force meeting. 1 Background The rewrite of Chapter 21A.54, Conditional Uses, of the zoning ordinance is another step in the ongoing effort to amend and update the document and bring it into conformance with state regulations, best planning practices and to improve the efficiency of the regulation process. Chapter 21A.54 was modified most recently by the City Council in July of 2008. The changes were most specifically with regard to the standards and criteria necessary for approval. Staff has applied these criteria for approximately 1 and % years and has encountered a number of issues and problems in applying them to specific projects and applications. These amendments are an attempt to clarify and resolve those problems. Public Participation This application was reviewed by the Zoning Amendment Project task force on August 10, 2009, and again on September 28, 2009. Summary notes are attached as exhibit B. The project was also reviewed at an open house on July 21, 2009. No public comments were received. Issue Analysis There are a number of significant changes proposed in this chapter, as well as general fine tuning designed to clarify language and facilitate understanding and application of the regulations. Below is a summary of the changes proposed, with a brief analysis of the rationale for the amendment. When the 000104 Planning Commission provides direction to forward the document to the City Council, staff will provide Nolet analysis and findings for the standards in Chapter 21A.50.050 Standards for General Amendments. Planned Developments All substantive references to Planned Developments have been removed from this chapter, as the criteria, and process for a Planned Development will be moved to its own chapter. Administrative Conditional Use Changes to this section feature consolidating language from other areas of the chapter into one section. This will enable better understanding of the process and eliminate mistakes as all language will be located in one specific place. Although not final, staff has discussed the possibility of removing the requirement that all administrative conditional uses (those heard by an administrative officer only) be reviewed by Community Councils. This would streamline the time necessary to receive approval as well as free up Community Council agendas for other topics. Community Councils would still receive notice of the application, and be free to provide input at the public hearing, but the applicant would not be required to present to the Community Council. 4%40- Amok Standards for Review itaff has significantly modified the standards of review necessary for approval. Standards have been separated from Factors to Consider, with the idea that the Standards are the findings that the Planning Commission or administrative hearing officer must make in order to approve the use, and the Factors to consider are the apparatus used to make said findings. State Code requires that any Conditional Use shall be approved unless the impact of the use on surrounding properties cannot be mitigated through the application of the standards, factors to consider and conditions of approval. Proposed standards include: 1. The use complies with all applicable provisions of this zoning ordinance, state and federal law; 2. The use is compatible or, with conditions of approval, can be made to be compatible with surrounding uses; 3. The use is consistent with applicable adopted City planning policies, documents and Master Plans; and 4. The anticipated detrimental effects of any differences in use or scale have been reasonably mitigated through careful planning. If a finding of compliance with these standards cannot be made, then denial of the project would be appropriate. Adversely, if a finding of compliance can be made for each, then the use must be approved. Factors to Consider When reviewing the application for compliance, the Planning Commission or administrative hearing officer will consider 13 factors for approval. These factors though general, are designed to address the -eneral issues and impacts of a use on neighboring properties while providing sufficient leeway to Address the unique issues and problems related to each specific location and use. 1. The proposed use is one of the Conditional Uses specifically listed in this title. 2. Master Plan and Zoning Ordinance Compliance: The use is consistent with policies set forth in the adopted citywide, community, and small area master plan and future land use map where the use is located. 3. Use Compatibility: The use is well-suited to the character of the site, and adjacent uses. The analysis shall evaluate the intensity, size, and scale of the use compared to existing uses in the surrounding area. 4. Building Form and Scale: The mass, scale, style, design and architectural detailing of the surrounding structures as they relate to the proposed use shall be considered. 5. Access. Whether access points and driveways are designed to minimize grading of the natural topography, direct vehicular traffic onto major streets, and not impede traffic flows. 6. Internal Vehicular and Pedestrian Circulation: Whether the internal circulation system shall be designed to mitigate adverse impacts on adjacent property from motorized, non-motorized, and pedestrian traffic. Sites shall be designed to enable access and circulation for pedestrian and bicycles. 7. Traffic: The proposed means of access to the site shall be carefully considered to determine the impact of the use on the service level to such street or any adjacent street; 8. Parking: The location and design of off-street parking complies with applicable standards of this Ordinance; 9. Utility Access: Whether there is sufficient utility capacity to support the use at normal service levels; 3 10, Buffering and Screening: Whether appropriate screening, buffering or other means to separate the use from adjoining dissimilar uses and mitigation of the potential for conflict in uses is provided. 11. Environmental Impact: Whether the use significantly impacts the quality of the surrounding air and water, encroaches into a river or stream, or introduces any hazards or environmental damage to any adjacent property. 12. Operation and Delivery: Whether the hours of operation and delivery of the use are compatible with surrounding uses. 13. Signs and Lighting: Whether signs and lighting proposed are compatible with, and do not negatively impact surrounding uses. 14. Historic Preservation: Whether the proposed use takes into consideration the preservation of historic resources and structures. One primary change to this section is the elimination of the "Detrimental Concentration" criteria from the previous section. This provision required a review of all conditional uses and nonconforming uses within a radius of'A a mile of the proposed use with the purpose of determining whether or not the use is appropriate. After applying this requirement for approximately one year, staff has determined that this criterion should be eliminated for the following reasons: 1. When the City Council adopts the use table, a determination of the appropriateness of a use in the zone is made, and it is assumed that the use is compatible with surrounding uses provided the standards and factors for consideration are met. Therefore, there should not be a detrimental concentration because each approved conditional use, with associated conditions of approval, has been found to not impact the area. „, N 2. There is no standard to determine what number of a certain type of conditional use would tip the , ; scales to create the detrimental concentration. 3. If policy makers determine that there is too large a concentration of a certain conditional use, then the appropriate action would be for the City Council to eliminate this use from the use table, rezone properties and/or modify the future land use map in the applicable master plan. This issue was reviewed and commented on by the ZAP task force, who had a number of comments and issues, including: • If it is discovered that there is a significant concentration of a negative use in an area, then policy makers need to change ordinance and not allow the use. • Need to ensure that the zoning map mirrors the applicable Master Plan. If the master plan calls for residential but the zoning map does not allow it, then that is a problem. • The zoning needs to be supported by the uses in the area. • In some areas, you can't rely on the zone because the zoning doesn't match what's on the ground or in the plan. Conditional Use Revocation Currently, the standard to revoke a conditional use is unclear. Staff has drafted language allowing the Mayor, or the Planning Commission to revoke or modify a conditional use, provided the following findings are met: 4 1. A material detrimental change in the conditional use approval without authorization or an amendment: or 2. Material noncompliance with the conditions prescribed upon issuance of the conditional use or with representations by the permittee as to the nature of the conditional use to be conducted; or 3. Operation of the conditional use in such a manner as to create an ongoing nuisance for neighboring persons or property. The language further provides hearing, and appeal information relating to the use. This language also was of concern to members of the task force, who stated that it is possible that giving the power to initiate a revocation to the Mayor or Mayor's designee may politicize the process. It was suggested that staff look at the way other licenses such as business licenses are revoked. Staff reviewed the processes and modified the language to mirror that of other revocations in the City, and therefore recommends this language. Alterations or Modifications Staff is proposing to clarify language relating to the modification of an existing conditional use or a nonconforming conditional use. 1. Alterations or modifications to an existing legal conditional use that increase the floor area by one thousand (1,000) gross square feet or less may be approved by the Planning Director without a public hearing. 2. Alterations or modifications to an existing legal conditional use that increase the floor area by more than one thousand (1,000) gross square feet shall be reviewed as a new conditional use pursuant to the requirements and standards of the new chapter. Fine Tuning There are a number of additional changes proposed to the document; nonetheless, they are not substantive in nature. These changes are designed to facilitate understanding and clarify, not to change meaning. 5 Chapter 21A.54 CONDITIONAL USES 21A.54.010: PURPOSE STATEMENT: A conditional use is a land use which, because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses, may not be compatible or may be compatible only if certain conditions are required that mitigate or eliminate the negative impacts. Conditional uses are allowed unless appropriate conditions cannot be applied which, in the judgment of the Planning Commission, or administrative hearing officer, would mitigate adverse impacts that may arise by introducing a conditional use on the particular site. Approval of a conditional use It requires a careful review of its location, design, configuration and special impact to determine the desirability of allowing it on a particular site. Whether it the use is appropriate in a particular location requires a-weighing of, in each case, of tho public need and benefit against the local impact, taking into account the applicant's proposals for ameliorating—any to mitigate adverse impacts through special site planning, development techniques and public improvements, rights of way and cervices. (Ord. 2 08 § 3, 2008: Ord. 26 95 § 2(27 1), 1995) 21A.54.020: AUTHORITY: -he Planning Commission, or in the case of administrative conditional uses, the Planning Director or designee, may, in accordance with the procedures and standards set out in this chapter, and other regulations applicable to the district in which the property is located, approve uses listed as conditional uses in the tables of permitted and conditional uses format of this title for each category of zoning district or districts. {Ord. 69 06 § 1, 2006: Ord. 26 95 § 2(27 2), 1995) 21A.54.030: CATEGORIES OF CONDITIONAL USES: Conditional uses shall consist of the following categories of uses: A. Requests considered and decided by the Planning Commission. B. Requests considered and decided by the Planning Director or designee. A. Uses Impacting Other Property: Uses that may give rise to p public facilities; and • of permitted and conditional-uses found at the end of each chapter of part Ill of this title for each catego y of zoni n -,istrict or districts • considered to be low impact due to their particular location and are hereby authorized to be reviewed administratively according to the provisions contained in section 21A.54,155 of 1. Applications for low power wireless telecommunication facilities that arc listed as thousand (1,000) gross square feet or more and/or increase the parking requirement. c zoning district, except those that: • ; cidential and nonresidential zoning districts. (Ord. 69 06 § 2, 2006: Ord. 13 04 § 34, 2001: Ord. 81 01 § 2, 2001: Ord. 26 95 § 2(27 3), 1995) 21 n : 5 non CITC DI AN RC\/IC1A/ REQUIRED • (27 4), 1995) 21A.54.050: INITIATION: An application for a conditional use may be filed with the Planning Director zeroing by the owner of the subject property or by an authorized agent. (Ord. 26-95 § 2(27-5), 1995) 21A.54.060: PROCEDURES: A. Application: A complete application shall contain at least the following information submitted by the applicant, unless certain information is determined by the Planning Director zoning administrator to be inapplicable or unnecessary to appropriately evaluate the application: 1. The applicant's name, address, telephone number and interest in the property; 2. The property owner's name, address and telephone number, if different than the applicant, and the property owner's signed consent to the filing of the application; 3. The street address and legal description of the subject property; 4. The zoning classification, zoning district boundaries and present use of the subject property; 5. A complete description of the proposed conditional use; 6. Site plans, as required pursuant to section 21A.58.060 of this title; 7. Traffic impact analysis, where required by the City Transportation Division; 8 8. A signed statement that the applicant has met with and explained the proposed conditional use to the appropriate neighborhood organization entitled to receive notice pursuant to title 2, chapter 2.62 of this code; with the proposed conditional-use; 10.Mailing labels and first class a fee to cover postage for all persons required to be notified of the public hearing on the proposed conditional use pursuant to chapter 21A.10 of this title; 1-1--Such other and further information or documentation as the Planning Director may deem necessary for proper review and analysis of the application. B. Determination of Completeness: Upon receipt of an application for a conditional use, the Planning Director shall make a determination of completeness of the application pursuant to section 21A.10.010 of this title. C. Fees: The application for a conditional use shall be accompanied by the fee established on the fee schedule. D. Staff Report; : Once the Planning Director has determined that the application is complete a staff report evaluating the conditional use application shall be prepared by the planning division and forwarded to the applicant and the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee in accordance with state law. E. Public Hearing: The Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee shall schedule and hold a public hearing on the proposed conditional use in accordance with the standards and procedures for conduct of the public hearing set forth in chapter 21A.10 of this title. (See sections d 21A.54.155 of this chapter for additional procedures for public hearings in connection with administrative conditional uses). F. Notice of Applications for Additional Approvals: Whenever, in connection with the application for a conditional use approval, the applicant is requesting other types of approvals, as required by this title such as a variance or special exception, all required notices shall include reference to the request for the conditional use as well as for all other applicable required approvals. G. Planning Commission and Planning Director or Designee Action: At the conclusion of the public hearing, the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee shall either: 1) approve the conditional use; 2) approve the conditional use subject to specific modifications; or 3) deny the conditional use. (Ord. 69-06 § 3, 2006: Ord. 26-95 § 2(27-6), 1995) 9 21A.54.070: SEQUENCE OF APPROVAL OF APPLICATIONS FOR BOTH A CONDITIONAL USE AND A VARIANCE: ,,,,,,, Whenever the applicant indicates pursuant to subsection 21A.54.060A9 of this chapter that a variance will be necessary in connection with the proposed conditional use (other than a the applicant shall at the time of filing the application for a conditional use, file an application for a variance with the board of adjustment. A. variance, at the initiation of the P B. Actions By Planning Commission And Board of Adjustment: combined session or separately, the The Board of Adjustment shall not take any action on the application for a variance until the Planning Commission has acted shall-#+rst-act-to on the conditional use. (Ord. 26- 95 § 2(27-7), 1995) 21A.54.080: STANDARDS FOR CONDITIONAL USES: A. General Standard For Approval: A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards set forth in this section. If the reasonably anticipated detrimental effects of a proposed conditional use ". - cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use shall be denied. • • a. Consistent with any policy set forth in the citywide, community, and small area master plan 1 use will be located or by another applicable provision of this title. ' 'ssion shall consider: a. Whether the street or other means of access to the site where the proposed conditional use it h greet nr nv l•djacen� greet• > > /m4 10 patterns or volumes that would not be expected with the development of a permitted use, )ased on: i) Orientation of driveways and whether they direct traffic to major or local streets, and, if safety, purpese, and character of these streets; property; • other nearby uses and whether the use, during hours of operation, will be likely to create noise, will be designed to mitigate adverse impacts on adjacent property from motorized, ; d. Whether existing or proposed utility and public services will be adequate to support-tho impacts on adjacent land uses, public services, and utility resources; • protect adjacent land uses from excessive light, noise, odor a (414) mile of the exterior boundary of the subject property. • • and uses in the surrounding area. chapter 21A.59 of this title. se and-any conditions imposed, be detrimental to the health, safety, and general welfare of persons, nor be injurious to property and improvements in tho s. The proposed use shall: a. Not emit any known pollutant into the ground or air that will detrime tally affect the subject property or any adjacent property; ; Not introduce any h �d ; 11 properties. • requirement. B. Standards for Review A conditional use shall be approved unless the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee conclude that the following standards of this subsection cannot be met. 1. The use complies with all applicable provisions of this title; 2. The use is compatible or, with conditions of approval, can be made to be compatible with surrounding uses; 3. The use is consistent with applicable adopted City planning policies, documents and Master Plans; and 4. The anticipated detrimental effects of any differences in use or scale have been reasonably mitigated through careful planning. Factors to Consider The Planning Commission, or in the case of administrative conditional uses, the Planning Director or designee shall consider each of the following factors when considering whether or not the proposed Conditional Use meets the standards listed in Section 21A.54.080B: amok 15.The proposed use is one of the Conditional Uses specifically listed in this title. ,, 16.Master Plan and Zoning Ordinance Compliance: The use is consistent with policies set forth in the adopted citywide, community, and small area master plan and future land use map where the use is located. 17.Use Compatibility: The use is well-suited to the character of the site, and adjacent uses. The analysis shall evaluate the intensity, size, and scale of the use compared to existing uses in the surrounding area. 18.Building Form and Scale: The mass, scale, style, design and architectural detailing of the surrounding structures as they relate to the proposed use shall be considered. 19.Access. Whether access points and driveways are designed to minimize grading of the natural topography, direct vehicular traffic onto major streets, and not impede traffic flows. 20.Internal Vehicular and Pedestrian Circulation: Whether the internal circulation system shall be designed to mitigate adverse impacts on adjacent property from motorized, non-motorized, and pedestrian traffic. Sites shall be designed to enable access and circulation for pedestrian and bicycles. 21 .Traffic: The proposed means of access to the site shall be carefully considered to determine the impact of the use on the service level to such street or any adjacent street; 22.Parking: The location and design of off-street parking complies with applicable standards of this Ordinance; 23,Utility Access: Whether there is sufficient utility capacity to support the use at normal service levels; 12 24. Buffering and Screening: Whether appropriate screening, buffering or other means to separate the use from adjoining dissimilar uses and mitigation of the potential for conflict in uses is provided. 25. Environmental Impact: Whether the use significantly impacts the quality of the surrounding air and water, encroaches into a river or stream, or introduces any hazards or environmental damage to any adjacent property. 26.Operation and Delivery: Whether the hours of operation and delivery of the use are compatible with surrounding uses. 27.Signs and Lighting: Whether signs and lighting proposed are compatible with, and do not negatively impact surrounding uses. 28.Historic Preservation: Whether the proposed use takes into consideration the preservation of historic resources and structures. Decision on Conditional Use Application The Planning Commission or in the case of administrative conditional uses, the Planning Director or designee shall provide written notice of the decision, and all conditions imposed to the applicant and local community council within ten (10) days of the final action. This notice shall be recorded against the property by the City Recorder. C. Imposition Of Conditions Of Approval: The Planning Commission, or, in the case of administrative conditional uses, the Planning Director or the director's designee, may impose on a conditional use any conditions necessary to make conform the proposed use compatible with the uses on adjacent properties • section. Such conditions may include, but are not limited to, conditions on the scope of the use; its character or location; architecture; signage; construction; landscaping; access; loading and parking; sanitation; drainage and utilities; fencing and screening; setbacks; natural hazards; public safety; environmental impacts; hours and methods of operation; dust, fumes, smoke and odor; noise, vibrations; chemicals, toxins, pathogens, and gases; and heat, light, and radiation. 1. Be expressly set forth in the approval authorizing the conditional use; 2. Not be used as a means to authorize as a conditional use-any-use intended to be 4. Substantially further a legitimate public purpose; 5. Further the same public purpose for which the condition is imposed; • related and roughly proportionate to the use of the property for which the • 1. The proposed use is unlawful; and cannot be substantially mitigated as propos • 13 • 2 08 § 4, 2008: Ord. 35 99 § 9 , ' " 21A.54.090: VIOLATION OF CONDITIONS CONDITIONAL USE REVOCATION: • 2006: Ord. 26 95 § 2(27 9), 1995) Conditions of Revocation: The holder of the conditional use shall be responsible for the operation of the use in conformance with the ordinances of the city. Any conditional use issued by the city may be suspended or revoked by the Mayor or the Planning Commission, upon a finding by the Mayor or the Planning Commission of a violation of any of the following with respect to the holder of the use or its operator or agent: 4. A material detrimental change in the conditional use approval without authorization or an amendment; or 5. Material noncompliance with the conditions prescribed upon issuance of the conditional use or with representations by the permittee as to the nature of the conditional use to be conducted; or 6. Operation of the conditional use in such a manner as to create an ongoing nuisance for "'ow Now- neighboring persons or property. Upon making a decision to suspend or revoke the conditional use, the Mayor or Planning Commission shall send written notice of the suspension or revocation to the holder of the conditional use and post it on the Planning Department web site unless an appeal is filed. If there is an existing business license associated with the use, said license will be suspended along with the use. 21A.54.100: NO PRESUMPTION OF APPROVAL: The listing of a conditional use in any table of permitted and conditional uses found at the end found in this title does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis, in relation to its compliance with the standards and factors ce i4#ons set forth in this chapter and with the standards for the district in which it is located, in order to determine whether the conditional use is appropriate at the particular location. (Ord. 26-95 § 2(27-10), 1995) 21A.54.110: EFFECT OF APPROVAL OF CONDITIONAL USE: The approval of a proposed conditional use by the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee, shall not authorize the Noow establishment or extension of any use nor the development, construction, reconstruction, 14 alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the 3gulations of the city, including, but not limited to, a building permit, certificate of occupancy and subdivision approval. (Ord. 69-06 § 5, 2006: Ord. 26-95 § 2(27-11), 1995) 21A.54.120: LIMITATIONS ON CONDITIONAL USE APPROVAL: Subject to an extension of time granted by the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee, no conditional use shall be valid for a period longer than one (1) year unless a building permit has been issued or complete building plans have been submitted to the Division of Building Services and Licensing within that period and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within that period, or unless a longer time is requested and granted by the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee. Any request for a time extension shall be required not less than thirty (30) days prior to the twelve (12) month time period. The approval of a proposed conditional use by the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee, shall authorize only the particular use for which it was issued. 21A.54.130: CONDITIONAL USE RELATED TO THE LAND: A Conditional Use is transferable with the title to the underlying property so that an applicant may convey or assign an approved use without losing the approval. The applicant may not transfer the use from the site on which the approval was granted. If the applicant changes the use on the property, the existing conditional use becomes null and void. 21A.54.135: ALTERATIONS OR MODIFICATIONS TO A CONDITIONAL USE: Any modification to a legally non conforming land use currently listed as a conditional use under existing current zoning regulations is first required to shall be required to obtain conditional use approval subject to the provisions of this chapter if the floor area increases by more than one thousand (1,000) gross square feet or more and/or the parking requirement increases. Use: Applications for alterations and/or modifications to a conditional use may be reviewed according to the procedures set forth in section 21A.54.155 of this chapter. (Ord. 13 04 § 35, 2004) Alterations or modifications to an existing legal conditional use that increase the floor area by one thousand (1,000) gross square feet or less may be approved by the Planning Director without a public hearing. 15 Alterations or modifications to an existing legal conditional use that increase the floor area by more than one thousand (1,000) gross square feet shall be reviewed as a new conditional use pursuant to the requirements and standards of this chapter. 21A.54.140: CONDITIONAL USE APPROVALS AND PLANNED DEVELOPMENTS: When a development is proposed as a planned development pursuant to the procedures in section 21A.54.150 21A.55 of this title chapter and also includes an application for conditional use approval, the Planning Commission shall decide the planned development application and the conditional use application together. In the event that a new conditional use is proposed after a planned development has been approved pursuant to section 21A.54.150 21A.55 of this title chapter, the proposed conditional use shall be reviewed and approved, approved with conditions, approved with modifications, or denied under the standards set forth in section 21A.54.080 of this chapter. (Ord. 26-95 § 2(27-14), 1995) 21 A �A 150• DI AA NED DEVEI �1DMENTS 21A.54.155: ADMINISTRATIVELY APPROVED CONDITIONAL USES: The purpose of this section is to establish an administrative hearing process for certain categories of low impact conditional uses as authorized by subsection 21A.54.030B of this chapter. Conditional uses that are authorized to be reviewed administratively are: oak 1. Applications for low power wireless telecommunication facilities that are listed as conditional uses in subsection 21A.40.090E of this title. 2. Public/private utility buildings and structures in residential and nonresidential zoning districts that are listed as conditional uses. 3. Any conditional use as identified in the tables of permitted and conditional uses for each zoning district, except those that: a. Are located within a residential zoning district; b. Abut a residential zoning district or residential use; or c. Require planned development approval. A. Preapplication and Application Requirements: Administrative conditional use applications shall be subject to the standards found in section 21A.54.080 of this chapter. t shall first meet with a member of the Salt the respective community council(s) pursuant to subsection 21A-10.010B of this title. 16 Commission. B. Administrative Hearing: 1. Noticing and Posting Requirements: Notice of the proposed conditional use shall be conductedowners and the property shall be posted pursuant to subsection 21A.10.020B of this title. 2. Administrative Hearing: After consideration of the information received from the applicant and concerned residents, the Planning Director or designee may approve, approve with conditions, or deny the conditional use request. At the administrative hearing, the Planning Director or designee may decline to hear or decide the request and forward the application for Planning Commission consideration, if it is determined that there is neighborhood opposition, if the applicant has failed to adequately address the conditional use standards, or for any other reason at the discretion of the Planning Director or designee. The Planning Director or designee may grant the conditional use request only if the proposed development is consistent with the standards for conditional uses listed in section 21A.54.080 of this chapter and any specific standards listed in this title that regulate the particular use. considering the conditional use request may request a hearing before the Planning the appeal shall specify, in detail, the reason(s) for the-appeal. Reasons for the appeal shall be based upon procedural error or complance with the standards for conditional uses lister) in section 21 n 5n 080 of this-chapter Of any specifi-c standards listed in this title that regulate the particula se. (Ord. 69 06 § 7, 2006: Ocd. 81 01 § 3, 2001) 21A.54.156: APPEAL OF ADMINISTRATIVE DECISION: Any person aggrieved by the decision made by the Planning_ Director or designee at an dministrative hearing may appeal that decision to the Salt Lake City Planning Commission by tiling notice of an appeal within ten (10) days after the date of the written administrative decision. The notice of appeal shall specify, in detail, the reason(s) for the appeal. Reasons for 17 the appeal shall be based upon procedural error or compliance with the standards for conditional uses listed in section 21A.54.080 of this chapter or any specific standards listed in this title that regulate the particular use. (Ord. 69-06 § 7, 2006: Ord, 81-01 § 3, 2001) 21A.54.160: APPEAL OF PLANNING COMMISSION DECISION: Any party aggrieved by a decision of the Planning Commission on an application for a conditional use, ' • , may file an appeal to the land use appeals board within ten (10) thirty (30) days of the date of the written decision. The filing of the appeal shall not stay the decision of the Planning Commission pending the outcome of the appeal, unless the Planning Commission takes specific action to stay a decision. (Ord. 77-03 § 9, 2003: Ord. 83-96 § 6, 1996: Ord. 26-95 § 2(27-16), 1995) 21 n 5 170• n PPEA OF i AND SE A PPEA S BOARD DE • the date of the land use appeals board decision. (Ord. 83 96 § 7, 1996) 21A.54.170: APPEAL OF REVOCATION OF CONDITIONAL USE: If the Planning Commission suspends or revokes any conditional use under section 21A.54.090, the holder of the use shall have a right to appeal the suspension or revocation decision to the Land Use Appeal Board. The holder must file the appeal with the Planning admik Director within ten (10) days of the record of decision that the City has revoked the Conditional Use. oink 18 2009 Zoning Text Amendment Project August 10, 2009 Task Force Meeting Members Present Alene Bentley; Cindy Cromer; Sydney Fonnesbeck; Barbara Green; Jerry Green; Esther Hunter; Bruce Jensen; Jeremy King; Bill Nighswonger; Helen Peters; Vasilios Priskos; Dave Richards; Lon Richardson; Steven Rosenberg; Judi Short; Grace Sperry; Ray Whitchurch Staff Present Wilf Sommerkorn, Planning Director; Cheri Coffey, Planning Manager; Ray Milliner, Principal Planner; Mike Akerlow, Economic Development Division Discussion relating to proposed amendments to Conditional Use Regulations oft Administrative Conditional Uses • Don't need to go to community council but do require notice to abutting property owners Results of using criteria over the last year Concentration issues • Although the new use is mitigated,the uses that were approved before weren't mitigated so there is an impact when they are concentrated in an area. • What does mitigated mean? Does it mean that 75% of the impacts are mitigated? 100% of the impacts are mitigated? Clarify the criteria. An example would be to have a specific measurement of the noise that cannot be violated. That way it is easier to determine if it will really mitigate the impact and it can be enforced more easily. The below underlined text is clarification language by Esther Hunter relating to this issue. If possible the range of mitigations and the options of how these items can be mitigated be listed rather than just that something needs to be mitigated. Not sure this is possible but it would be extremely helpful. Frank did something similar to this idea for the definition ofprisons. Myfeeling is that it is a benefit to get at as much on the table in advance as possible so that business 0404 owners know the cost to consider going into a property and residential owners feel a certain level of confidence that mitigation issues will be addressed. 20 It was suggested that staff take the last several controversial areas and by contacting the people involved in order to help identifi.'a potential list of issues to define in advance of many of the problem areas. (Eggs in the City for example had standard issues such as parking but also hours of preparation/smell which could be addressed by the direction of the fans used, etc.) My feeling is the more listed ahead of the time the better off everyone will be in building in less conflict and better system of trust in the ordinance. Also suggested was that each departments criteria and process be identified and documented(that is used in their evaluation process in giving a green light such as transportation, etc.). Housing is a conditional use in commercial zones. Relook at the use tables and determine what should be permitted, conditional use or not allowed. Hard to work through issues (to mitigate impacts when applicant already did the work) Retroactive approval (boarding house issue). When department sign-off on project they should note what standards they are using. What do they base their criteria on? (Best professional practices or adopted regulations for City. ) The concentration of use is in a specific geographic area. Need to change ordinance and not allow the use if there are too many and they have a negative impact as a whole. .-Iave to be able to say something specific relating to concentration such as the roads can't handle more traffic in the area. Need to ensure zoning implements the plan if the master plan calls for residential but not enough housing, then that is a problem. The zoning needs to be supported by the uses in the area. In some areas, you can't rely on the zone because the zoning doesn't match what's on the ground or in the plan. What is revocation process for a Conditional Use? • It is a very difficult process, hard to revoke. • Having it go to the mayor to initiate revocation is political. Put the authority in a less political agency such as the attorney's office. • Why not have the process be similar to other revocations? Where else in the City does there need to be a reliance on mayor to do something like this? Look at business license revocation process and possibly mimic it Not requiring a process for expansions of less than 1,000 square feet is not consistent with onconforming regulations. 21 Changing from one conditional use to a different type of conditional use needs public input process. The whole nature of business is changing. '_I. In some cases it may be ok to allow without process. In other cases it is not appropriate to not have a process. The underlying zoning can help provide density and intensity, but where allow incremental change of use, it intensifies the use without input. Impacts of smoking outdoors is an issue. Need to have indoor accommodations and separate ventilation. This would violate State Law. Amok 22 PLANNING COMMISSION STAFF REPORT ,4, n.n'� f1jll . AMENDMENTS TO CHAPTER 21A.54: ='y,;.\ tii 4,1 CONDITIONAL USE ''' ,11:!_ Case #PLNPCM2009-00174 '�' r -- November 18, 2009 � r T,, Planning and Zoning Division Department of Community and Economic Development Applicant: City Council REQUEST Staff: Ray Milliner ray.milliner@slcstov.com This petition is part of the City Council "Issues for Further Study" (801)535-7645 request created during the Conditional Use amendment project in Current Zone: 2008. The Council specifically requested that the administration N/A analyze the standards for conditional uses to ensure their appropriateness. Therefore a petition to amend the following sections Master Plan Designation: of the Zoning Ordinance was initiated. City Wide rnuncil District: The purpose of the amendment is to bring the chapter into compliance Wide with state code, to clarify the intent of certain sections, and to revise the standards and factors necessary for conditional use approval. Review Standards 21A.50.050 Standards for General Amendments STAFF RECOMMENDATION Affected Text Sections Chapter 21A.54. Staff recommends that the Planning Commission review the proposed Notification amendments to Chapter 21 A.54 of the zoning Ordinance, conduct a • Notice mailed on September 28, 2009 public hearing and forward a positive recommendation to the City • Published in Deseret News September Council based on the analysis and findings in this staff report. 28,2009 • Posted on City&State Websites September 28,2009 Attachments A. Proposed Text Amendments B. Summary Notes from ZAP task force meeting. C. Minutes from October 14, 2009 Planning Commission Meeting 1 Background The rewrite of Chapter 21A.54, Conditional Uses, of the zoning ordinance is another step in the ongoing effort to amend and update the document and bring it into conformance with state regulations, best planning practices and to improve the efficiency of the regulation process. Chapter 21A.54 was modified most recently by the City Council in July of 2008. The changes were most specifically with regard to the standards and criteria necessary for approval. Staff has applied these criteria for approximately 1 and 1/2 years and has encountered a number of issues and problems in - applying them to specific projects and applications. These amendments are an attempt to clarify and resolve those problems. These changes were reviewed by the Planning Commission on October 14, 2009. At the meeting, the Commission conducted a public hearing and directed staff to return in November with a recommendation to forward the changes on to the City Council. Public Participation This application was reviewed by the Zoning Amendment Project task force on August 10, 2009, and again on September 28, 2009. Summary notes are attached as exhibit B. The project was also reviewed at an open house on July 21, 2009. No public comments were received. Staff has received comments from members of the Sugar House Community Council expressing concern that the proposed changes will limit the amount of review available to Community Councils. , ' Issue Analysis There are a number of significant changes proposed in this chapter, as well as general fine tuning designed to clarify language and facilitate understanding and application of the regulations. Below is a summary of the changes proposed, with a brief analysis of the rationale for the amendment. Staff has also provided analysis and findings for the standards in Chapter 21A.50.050 Standards for General Amendments. Planned Developments All substantive references to Planned Developments have been removed from this chapter, as the criteria, and process for a Planned Development will be moved to its own chapter. The Planning - Commission recommended approval of these changes and they have been transmitted to the City Council. Administrative Conditional Use Changes to this section feature consolidating language from other areas of the chapter into one section. This will enable better understanding of the process and eliminate mistakes as all language will be located in one specific place. 4144) 2 Standards for Review staff has significantly modified the standards of review necessary for approval. Standards have been separated from Factors to Consider, with the idea that the Standards are the findings that the Planning Commission or administrative hearing officer must make in order to approve the use, and the Factors to consider are the apparatus used to make said findings. State Code requires that any Conditional Use shall be approved unless the impact of the use on surrounding properties cannot be mitigated through the application of the standards, factors to consider and conditions of approval. Proposed standards include: 1. The use complies with all applicable provisions of this zoning ordinance, state and federal Jaw; 2. The use is compatible or, with conditions of approval, can be made to be compatible with surrounding uses; 3. The use is consistent with applicable adopted City planning policies, documents and Master Plans; and 4. The anticipated detrimental effects of any differences in use or scale have been reasonably mitigated through careful planning. If a finding of compliance with these standards cannot be made, then denial of the project would be appropriate. Adversely, if a finding of compliance can be made for each, then the use must be approved. Factors to Consider When reviewing the application for compliance, the Planning Commission or administrative hearing officer will consider 13 factors for approval. These factors though general, are designed to address the eneral issues and impacts of a use on neighboring properties while providing sufficient leeway to address the unique issues and problems related to each specific location and use. 1. The proposed use is one of the Conditional Uses specifically listed in this title. 2. Master Plan and Zoning Ordinance Compliance: The use is consistent with policies set forth in the adopted citywide, community, and small area master plan and future land use map where the use is located. 3. Use Compatibility: The use is well-suited to the character of the site, and adjacent uses. The analysis shall evaluate the intensity, size, and scale of the use compared to existing uses in the surrounding area. 4. Building Form and Scale: The mass, scale, style, design and architectural detailing of the surrounding structures as they relate to the proposed use shall be considered. 5. Access. Whether access points and driveways are designed to minimize grading of the natural topography, direct vehicular traffic onto major streets, and not impede traffic flows. 6. Internal Vehicular and Pedestrian Circulation: Whether the internal circulation system shall be designed to mitigate adverse-impacts on adjacent property from motorized, non-motorized, and pedestrian traffic. Sites shall be designed to enable access and circulation for pedestrian and bicycles. 7. Traffic: The proposed means of access to the site shall be carefully considered to determine the impact of the use on the service level to such street or any adjacent street; 8. Parking: The location and design of off-street parking complies with applicable standards of this Ordinance; 9. Utility Access: Whether there is sufficient utility capacity to support the use at normal service levels; 3 10.Buffering and Screening Whether appropriate screening,buffering or other means to separate the use from adjoining dissimilar uses and mitigation of the potential for conflict in uses is provided. fye_i�y SwSFa„dot�� '�lar� .w� 11.Environmental Impact: Whether the use significantly impacts the quality of the surrounding air and water, encroaches into a river or stream, or introduces any hazards or environmental damage to any adjacent property. i Kali,e,l ° 1tI Swoh^� 12.Operation and Delivery: Whether the hours of operation and delivery of the use are compatible with surrounding uses. 13.Signs and Lighting: Whether signs and lighting proposed are compatible with, and do not negatively impact surrounding uses. 14.Historic Preservation: Whether the proposed use takes into consideration the preservation of historic resources and structures. One primary change to this section is the elimination of the"Detrimental Concentration"criteria from the existing oridiance. This provision required a review of all conditional uses and nonconforming uses within a radius of'A a mile of the proposed use with the purpose of determining whether or not the use is appropriate. After applying this requirement for approximately one year,staff has determined that this criterion should be eliminated for the following reasons: 1. When the City Council adopts the use table, a determination of the appropriateness of a use in the zone is made,and it is assumed that the use is compatible with surrounding uses provided the standards and factors for consideration are met. Therefore,there should not be a detrimental concentration because each approved conditional use,with associated conditions of approval,has been found to not impact the area. — 2. There is no standard to determine what number of a certain type of conditional use would tip the scales to create the detrimental concentration. 3. If policy makers determine that there is too large a concentration of a certain conditional use, then the appropriate action would be for the City Council to eliminate this use from the use table, rezone properties and/or modify the future land use map in the applicable master plan. This issue of concentration was reviewed and commented on by the ZAP task force,who had a number of comments and issues,including: • If it is discovered that there is a significant concentration of a negative use in an area,then policy makers need to change ordinance and not allow the use. • Need to ensure that the zoning map mirrors the applicable Master Plan. If the master plan calls for residential but the zoning map does not allow it,then that is a problem. • The zoning needs to be supported by the uses in the area. • In some areas,you can't rely on the zone because the zoning doesn't match what's on the ground or in the plan. Conditional Use Revocation Currently,the standard to revoke a conditional use is unclear. Staff has drafted language allowing the Mayor or the Mayor's designee to initiate a revocation hearing requesting, the Planning Commission revoke or modify a conditional use,provided the following findings are met: Il /� 4 1. A material detrimental change in the conditional use approval without authorization or an amendment; or 2. Material noncompliance with the conditions prescribed upon issuance of the conditional use or with representations by the permittee as to the nature of the conditional use to be conducted; or 3. Operation of the conditional use in such a manner as to create an ongoing nuisance for neighboring persons or property. The language further provides hearing, and appeal information relating to the use. This language also was of concern to members of the task force, who stated that it is possible that giving the power to initiate a revocation to the Mayor or Mayor's designee may politicize the process. It was suggested that staff look at the way other licenses such as business licenses are revoked. Staff reviewed the processes and modified the language to mirror that of other revocations in the City, and therefore recommends the language in the draft ordinance (attachment A). Alterations or Modifications Staff is proposing to clarify language relating to the modification of an existing conditional use or a nonconforming conditional use. G(o, a 5t9Ad ;n cusea4A.- 1. Alterations or modifications to an existing le 1 conditional use that increase the floor area by one thousand (1,000) gross square feet or less and meets the standards for a conditional use may be approved by the Planning Director without a public hearing. 2. Alterations or modifications to an existing legal conditional use that increase the floor area by more than one thousand (1,000) gross square feet shall be reviewed as a new conditional use pursuant to the requirements and standards of the new chapter. Fine Tuning There are a number of additional changes proposed to the document; nonetheless, they are not substantive in nature. These changes are designed to facilitate understanding and clarify, not to change meaning. 21A.50.050: STANDARDS FOR GENERAL AMENDMENTS: A decision to amend the text of the Zoning Ordinance or the Zoning Map by general amendment is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard. However, in making its decision concerning a proposed amendment, the City Council should consider the following factors: In making its decision concerning a proposed text amendment, the city council should consider the following factors: 1. Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies of the City as stated through its various adopted planning documents; 5 Analysis: The purpose of this rewrite is another step in the ongoing effort to amend and update the document and bring it into conformance with state regulations, best planning practices and to improve the efficiency of the regulation process. All of these goals are consistent with the purposes and goals of the respective City Master Plans and the Zoning Ordinance. These amendments are an attempt to clarify and resolve problems encountered while applying the current standards of review in the Ordinance. Finding: Staff finds that the proposed amendments to Chapter 54 of the Zoning Ordinance are consistent with the purposes goals, objectives and policies of the various adopted planning documents. 2. Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance. Analysis: The purpose of Chapter 54 of the Zoning Ordinance is as follows: "A conditional use is a land use which, because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses, may not be compatible or may be compatible only if certain conditions are required that mitigate or eliminate the negative impacts. Conditional uses are allowed unless appropriate conditions cannot be applied which, in the judgment of the Planning Commission, or administrative hearing officer, would mitigate adverse impacts that may arise by introducing a conditional use on the particular site." The proposed changes to the ordinance will further the purpose statement of this chapter by modifying and clarifying the requirements necessary for approval of a conditional use. These modifications create standards and factors for consideration that will facilitate mitigation of adverse impacts on neighboring property owners and will clarify sections of the chapter that were not clear or concise. Finding: Staff finds that the proposed changes to Chapter 54 of the Zoning Ordinance are consistent with the purpose statement of said chapter. 3. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. Analysis: The proposed amendments are not specifically tied to any overlay zoning district. Nonetheless, they will be applicable to all conditional uses established in the Zoning Ordinance (unless specifically exempted). When reviewing a project for compliance with the Zoning Ordinance, requirements from overlay zoning districts will be a necessary component to the review. No exemption is featured in these amendments. Finding: Staff finds that the proposed amendments will be consistent with all applicable overlay zoning districts as featured on the zoning map. 4. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design. Analysis: The primary purpose of these amendments is to bring Chapter 54 into compliance with current State Code, and to make them more compatible with other chapters and sections of the code that have been changed recently. The standards of review and factors for consideration proposed have been 6 Chapter 21 A.54 CONDITIONAL USES 21A.54.010: PURPOSE STATEMENT: A conditional use is a land use which, because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses, may not be compatible or may be compatible only if certain conditions are required that mitigate or eliminate the negative impacts. Conditional uses are allowed unless appropriate conditions cannot be applied which, in the judgment of the Planning Commission, or administrative hearing officer, would mitigate adverse impacts that may arise by introducing a conditional use on the particular site. Approval of a conditional use It requires a careful review of its location, design, configuration and special impact to determine the desirability of allowing it on a particular site. Whether it the use is appropriate in a particular location requires a-weighing of, in each case, of the public need and benefit against the local impact, taking into account the applicant's proposals for to mitigate adverse impacts through special site planning, development techniques and contributions to the provision of public improvements, rights of way and 21A.54.020: AUTHORITY: -he Planning Commission, or in the case of administrative conditional uses, the Planning Director or designee, may, in accordance with the procedures and standards set out in this chapter, and other regulations applicable to the district in which the property is located, approve uses listed as conditional uses in the tables of permitted and conditional uses found-at the end of ach chapter of part Ill of this title for each category of zoning district or districts. (Ord. 69 06§ 1, 2006: Ord. 26 95 § 2(27 2), 1995) 21A.54.030: CATEGORIES OF CONDITIONAL USES: Conditional uses shall consist of the following categories of uses: A. Requests considered and decided by the Planning Commission. B. Requests considered and decided by the Planning Director or designee. A. Uses Impacting Other Property: Uses that may give-nse to particular problems with respect public facilities; and B. -Planned--Developments e u hick fa l-within these categories arc listed in the tables qach category of zoning district or districts. Administrative Consideration Of Conditional Uses: Certain conditional uses may be their particular location and are hereby authorized to be 9 • section 21A.54.155 of • • ons for to u thousand (1,000) gross square feet or more a or increase the parking requirement. Bch zoning district, except those that: a. Are listed as a "residential" land use in the tables of pc use for each zonninng disc c.; • • 2, 2006: Ord. 13 01 § 31, 2001: Ord. 81 01 § 2, 2001: Ord. 26 95 § 2(27 3), 1995) • • c QO.■cCy • • (Ord. 26 95 § 2(27 1), 1995} Arawi 21A.54.050: INITIATION: An application for a conditional use may be filed with the Planning Director zoning by the owner of the subject property or by an authorized agent. (Ord. 26-95 § 2(27-5), 1995) 21A.54.060: PROCEDURES: A. Application: A complete application shall contain at least the following information submitted by the applicant, unless certain information is determined by the Planning Director to be inapplicable or unnecessary to appropriately evaluate the application: 1. The applicant's name, address, telephone number and interest in the property; 2. The property owner's name, address and telephone number, if different than the applicant, and the property owner's signed consent to the filing of the application; 3. The street address and legal description of the subject property; 4. The zoning classification, zoning district boundaries and present use of the subject property; 5. A complete description of the proposed conditional use; 6. Site plans, as required pursuant to section 21A.58.060 of this title; 7. Traffic impact analysis, where required by the City Transportation Division; 10 8. A signed statement that the applicant has met with and explained the proposed conditional use to the appropriate neighborhood organization entitled to receive notice pursuant to title 2, chapter 2.62 of this code; 9. A statement indicating whether the applicant will-require a variance in connection 10.Mailing labels and first class a fee to cover postage for all persons required to be notified of the public hearing on the proposed conditional use pursuant to chapter 21A.10 of this title; -14 Such other and further information or documentation as the Planning Director may deem necessary for proper review and analysis of the application. B. Determination of Completeness: Upon receipt of an application for a conditional use, the Planning Director shall make a determination of completeness of the application pursuant to section 21A.10.010 of this title. C. Fees: The application for a conditional use shall be accompanied by the fee established on the fee schedule. D. Staff Report; Site Plan Review Report: Once the Planning Director has determined that the application is complete a staff report evaluating the conditional use application shall be prepared by the planning division and forwarded to the applicant and the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee in accordance with state law. prepared by the development review team. E. Public Hearing: The Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee shall schedule and hold a public hearing on the proposed conditional use in accordance with the standards and procedures for conduct of the public hearing set forth in chapter 21A.10 of this title. (See sections 21A.54.155 of this chapter for additional procedures for public hearings in connection with administrative conditional uses). F. Notice of Applications for Additional Approvals: Whenever, in connection with the application for a conditional use approval, the applicant is requesting other types of approvals, as required by this title such—as i vi riance— special exception all required notices shall include reference to the request for the conditional use as well as for all other applicable required approvals. G. Planning Commission and Planning Director or Designee Action: At the conclusion of the public hearing, the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee shall either: 1) approve the conditional use; 2) approve the conditional use subject to specific modifications; or 3) deny the conditional use. (Ord. 69-06 § 3, 2006: Ord. 26-95 § 2(27-6), 1995) 11 21A.54.070: SEQUENCE OF APPROVAL OF APPLICATIONS FOR BOTH A CONDITIONAL USE AND A VARIANCE: Whenever the applicant indicates pursuant to subsection 21A.54.060A9 of this chapter that a variance will be necessary in connection with the proposed conditional use (other than a the applicant shall at the time of filing the application for a conditional use, file an application for a variance with the board of adjustment. A. mission or the board of adjustment, the _ B. Actions By Planning Commission And Board of Adjustment: Planning Commission and Board of Adjustment conduct their respective reviews in a combined session or separately, the The Board of Adjustment shall not take any action on the application for a variance until the Planning Commission has acted on the conditional use. (Ord. 26- 95 § 2(27-7), 1995) 21A.54.080: STANDARDS FOR CONDITIONAL USES: A. General Standard For Approval: A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards set forth in this section. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use shall be denied. .• .e-permit shall be approved unless the evidence • 1 1 1 1 reasonably needed to determine whether the standards of this subsection can be met. 1. Master Plan And Zoning Ordinance Compliance: The proposed conditional use shall be: 1 the conditional use will be located, and ' 'onal-use will be located or by another applicable provision of this-title. ble with the character of the • 12 b---Whether the type o use and-its to -ased on: {1) Orientation of driveways and whether they direct traffic to major- or local streets, and, if property; light, or other nuisances that unr anon ; will be designed to mitigate adverse impacts on adjacent property from motorized, impacts on adjacent land uses, public services, and utility resources; c. Whether appropriate buffering or other mitigation measures, such as, but not limited to, protect adjacent land uses from exce sivc light, noise, odor and visual impacts and other from the proposed use; and (4/4) mile of the exterior boundary of the subject property. • - a where the use will be located with respect to: ; b. Whether the proposed use, or development associated with the use, will result in lose of privacy, objectionable views of large parking or storage areas; or views or sounds of loading d. If a-proposed conditional-use will result in new construction or substantial remodeling of a chapter 21A.59 of this title. /1. Detriment To Persons Or Property: The proposed conditional-use shall not, under the , community, existing surrounding uses, buildings, and structures. The proposed use shall: property or any adjacent property; b. Not encroach on any river or stream, or direct runoff into a river or stream; ,litigated; 13 properties. • �..., requirement. B. Standards for Review A conditional use shall be approved unless the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee conclude that the following standards of this subsection cannot be met. 1. The use complies with all applicable provisions of this title; 2. The use is compatible or, with conditions of approval, can be made to be compatible with surrounding uses; 3. The use is consistent with applicable adopted City planning policies, documents and Master Plans; and 4. The anticipated detrimental effects of any differences in use or scale have been reasonably mitigated through careful planning. Factors to Consider The Planning Commission, or in the case of administrative conditional uses, the Planning Director or designee shall consider each of the following factors when considering whether or not the proposed Conditional Use meets the standards listed in Section 21A.54.080B: 1. The proposed use is one of the Conditional Uses specifically listed in this title. 2. Master Plan and Zoning Ordinance Compliance: Whether the use is consistent with policies set forth in the adopted citywide, community, and small area master plan and future land use map where the use is located. 3. Use Compatibility: The use is well-suited to the character of the site, and adjacent uses. The analysis shall evaluate the intensity size, and scale of the use compared to existing uses in the surrounding area. 4. Building Form and Scale: The mass, scale, style, design and architectural detailing of the surrounding structures as they relate to the proposed use shall be considered. 5. Access. Whether access points and driveways are designed to minimize grading of the natural topography, direct vehicular traffic onto major streets, and not impede traffic flows. 6. Internal Vehicular and Pedestrian Circulation: Whether the internal circulation system shall be designed to mitigate adverse impacts on adjacent property from motorized, non-motorized, and pedestrian traffic. Sites shall be designed to enable access and circulation for pedestrian and bicycles. 7. Traffic: The proposed means of access to the site shall be carefully considered to determine the impact of the use on the service level to such street or any adjacent street; 8. Parking: The location and design of off-street parking complies with applicable 10106, standards of this Ordinance; 14 9. Utility Access: Whether there is sufficient utility capacity to support the use at normal service levels; 10.Buffering and Screening: Whether appropriate screening, buffering or other means to separate the use from adjoining dissimilar uses and mitigation of the potential for conflict in uses is provided. 11.Environmental Impact: Whether the use significantly impacts the quality of the surrounding air and water, encroaches into a river or stream, or introduces any hazards or environmental damage to any adjacent property. 12.Operation and Delivery: Whether the hours of operation and delivery of the use are compatible with surrounding uses. 13.Signs and Lighting: Whether signs and lighting proposed are compatible with, and do not negatively impact surrounding uses. 14.Historic Preservation: Whether the proposed use takes into consideration the preservation of historic resources and structures. Decision on Conditional Use Application The Planning Commission or in the case of administrative conditional uses, the Planning Director or designee shall provide written notice of the decision, and all conditions imposed to the applicant and local community council within ten (10) days of the final action. This notice shall be recorded against the property by the City Recorder. C. Imposition Of Conditions Of Approval: The Planning Commission, or, in the case of administrative conditional uses, the Planning Director or the director's designee, may impose on a conditional use any conditions necessary to make conform the proposed use compatible with the uses on adjacent properties section. Such conditions may include, but are not limited to, conditions on the scope of the use; its character or location; architecture; signage; construction; landscaping; access; loading and parking; sanitation; drainage and utilities; fencing and screening; setbacks; natural hazards; public safety; environmental impacts; hours and methods of operation; dust, fumes, smoke and odor; noise, vibrations; chemicals, toxins, pathogens, and gases; and heat, light, and radiation. Such conditions shall: 2. Not be used as a means to authorize as a conditional use any use intended to be 3. Be within the police powers of Salt Lake City; 41 —S stantially further a legitimate public purpose; 5. Further the same public purpose for which the condition ; 7. In the case of land dedications and other contributions of property, be reasonably conditional use is authorized. Go- 1. The proposed use is unlawful; and 15 , . 2 08 § 4, 2008: Ord. 35 99 § 95, 1999: Ord. 26 95 § 2-(27 8), 1995) 21A.54.090: VIOLATION OF CONDITIONS CONDITIONAL USE REVOCATION: , • , 2006: Ord. 26 95 § 2(27 9), 1995) Conditions of Revocation: The holder of the conditional use shall be responsible for the operation of the use in conformance with the ordinances of the city. Any conditional use issued by the city may be suspended or revoked by the Mayor or the Planning Commission, upon a finding by the Mayor or the Planning Commission of a violation of any of the following with respect to the holder of the use or its operator or agent: 4. A material detrimental change in the conditional use approval without authorization or an amendment; or 5. Material noncompliance with the conditions prescribed upon issuance of the conditional use or with representations by the permittee as to the nature of the conditional use to be .4444, conducted; or 6. Operation of the conditional use in such a manner as to create an ongoing nuisance for neighboring persons or property. Upon making a decision to suspend or revoke the conditional use, the Mayor or Planning Commission shall send written notice of the suspension or revocation to the holder of the conditional use and post it on the Planning Department web site unless an appeal is filed. If there is an existing business license associated with the use, said license will be suspended along with the use. 21A.54.100: NO PRESUMPTION OF APPROVAL: The listing of a conditional use in any table of permitted and conditional uses found at the end found in this title does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis, in relation to its compliance with the standards and factors conditions set forth in this chapter and with the standards for the district in which it is located, in order to determine whether the conditional use is appropriate at the particular location. (Ord. 26-95 § 2(27-10), 1995) 21A.54.110: EFFECT OF APPROVAL OF CONDITIONAL USE: ANN The approval of a proposed conditional use by the Planning Commission, or, in the case of 16 administrative conditional uses, the Planning Director or designee, shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, Iteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the regulations of the city, including, but not limited to, a building permit, certificate of occupancy and subdivision approval. (Ord. 69-06 § 5, 2006: Ord. 26-95 § 2(27-11), 1995) 21A.54.120: LIMITATIONS ON CONDITIONAL USE APPROVAL: Subject to an extension of time granted by the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee, no conditional use shall be valid for a period longer than one (1) year unless a building permit has been issued or complete building plans have been submitted to the Division of Building Services and Licensing within that period and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within that period, or unless a longer time is requested and granted by the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee. Any request for a time extension shall be required not less than thirty (30) days prior to the twelve (12) month time period. The approval of a proposed conditional use by the Planning Commission, or, in the case of administrative conditional uses, the Planning Director or designee, shall authorize only the particular use for which it was issued. 21A.54.130: CONDITIONAL USE RELATED TO THE LAND: than the owner or operator of such use or lot. (Ord. 26 95 § 2(27 13), 1995) A Conditional Use is transferable with the title to the underlying property so that an applicant may convey or assign an approved use without losing the approval. The applicant may not transfer the use from the site on which the approval was granted. If the applicant changes the use on the property, the existing conditional use becomes null and void. 21A.54.135: ALTERATIONS OR MODIFICATIONS TO A CONDITIONAL USE: Any modification to a legally non conforming land use currently listed as a conditional use under exist+ng current zoning regulations is first required to shall be required to obtain conditional use approval subject to the provisions of this chapter if the floor area increases by more than one thousand (1,000) gross square feet or more and/or the parking requirement increases. - al Use: Applications for alterations and/or section 21A.54.155 of this chapter. (Ord. 13 04 § 35, 2004) Alterations or modifications to an existing legal conditional use that increase the floor area by ne thousand (1,000) gross square feet or less may be approved by the Planning Director ithout a public hearing. 17 Alterations or modifications to an existing legal conditional use that increase the floor area by more than one thousand (1 ,000) gross square feet shall be reviewed as a new conditional use pursuant to the requirements and standards of this chapter. Ala"kk 21A.54.140: CONDITIONAL USE APPROVALS AND PLANNED DEVELOPMENTS: When a development is proposed as a planned development pursuant to the procedures in section 21A.54.150 21A.55 of this title chapter and also includes an application for conditional use approval, the Planning Commission shall decide the planned development application and the conditional use application together. In the event that a new conditional use is proposed after a planned development has been approved pursuant to section 21A.54.150 21A.55 of this title chapter, the proposed conditional use shall be reviewed and approved, approved with conditions, approved with modifications, or denied under the standards set forth in section 21A.54.080 of this chapter. (Ord. 26-95 § 2(27-14), 1995) 21-A-54.15n DL A[LNED DEVE1 OPMENTS: v v—�-zrcr�r'�v-v-c�-�cv��rr�.-rrr-v 21A.54.155: ADMINISTRATIVELY APPROVED CONDITIONAL USES: The purpose of this section is to establish an administrative hearing process for certain categories of low impact conditional uses as authorized by subsection 21A.54.030B of this chapter. Conditional uses that are authorized to be reviewed administratively are: ,,, 1. Applications for low power wireless telecommunication facilities that are listed as conditional uses in subsection 21A.40.090E of this title. 2. Public/private utility buildings and structures in residential and nonresidential zoning districts that are listed as conditional uses. 3. Any conditional use as identified in the tables of permitted and conditional uses for each zoning district, except those that: a. Are located within a residential zoning district; b. Abut a residential zoning district or residential use; or c. Require planned development approval. A. Preapplication and Application Requirements: Administrative conditional use applications shall be subject to the standards found in section 21A.54.080 of this chapter. 2. Community Council Review: The applicant shall meet with the respective community council(s) pursuant to- bsection 21 .1-0.0-1-08-ef-this title. iM 18 schedule an administrative hearing or to forward the application to the Planning Commission. B. Administrative Hearing: 1. Noticing and Posting Requirements: Notice of the proposed conditional use shall be conducted pursuant to subsection 21A.10.020B of this title. 2. Administrative Hearing: After consideration of the information received from the applicant and concerned residents, the Planning Director or designee may approve, approve with conditions, or deny the conditional use request. At the administrative hearing, the Planning Director or designee may decline to hear or decide the request and forward the application for Planning Commission consideration, if it is determined that there is neighborhood opposition, if the applicant has failed to adequately address the conditional use standards, or for any other reason at the discretion of the Planning Director or designee. The Planning Director or designee may grant the conditional use request only if the proposed development is consistent with the standards for conditional uses listed in section 21A.54.080 of this chapter and any specific standards listed in this title that regulate the particular use. ..he petitioner or any person who objects to the Planning Director or designee administratively considering the conditional use request may request a hearing before the Planning administrative hearing on the conditional use request. If no such objections are received by the city prior to the Planning Directors administrative hearing, any objections to such fourteen (11) days after the Planning Director's administrative hearing. The notice of appeal shall specify, in detail, the reason(s) for the app al. Reasons for the appeal shall be based upon procedural error or compliance with the standards for conditional uses listed in section 21A.54.080 of this chapter or any specific standards listed in this title that regulate the particular use. (Ord. 69 06 § 7, 2006: Ord. 81 01 § 3, 2001) 21A.54.156: APPEAL OF ADMINISTRATIVE DECISION: Any person aggrieved by the decision made by the Planning Director or designee at an dministrative hearing may appeal that decision to the Salt Lake City Planning Commission by .ing notice of an appeal within ten (10) days after the date of the written administrative decision. The notice of appeal shall specify, in detail, the reason(s) for the appeal. Reasons for 19 the appeal shall be based upon procedural error or compliance with the standards for conditional uses listed in section 21A.54.080 of this chapter or any specific standards listed in this title that regulate the particular use. (Ord. 69-06 § 7, 2006: Ord. 81-01 § 3, 2001) 21A.54.160: APPEAL OF PLANNING COMMISSION DECISION: Any party aggrieved by a decision of the Planning Commission on an application for a conditional use, planned development, may file an appeal to the land use appeals board within ten (10) thirty (30) days of the date of the written decision. The filing of the appeal shall not stay the decision of the Planning Commission pending the outcome of the appeal, unless the Planning Commission takes specific action to stay a decision. (Ord. 77-03 § 9, 2003: Ord. 83-96 § 6, 1996: Ord. 26-95 § 2(27-16), 1995) •21 a • • • ePPEA OF LAND i icy APPEAI a BO • the date of the land use appeals board decision. (Ord. 83 96 § 7, 1996) 21A.54.170: APPEAL OF REVOCATION OF CONDITIONAL USE: If the Planning Commission suspends or revokes any conditional use under section 21A.54.090, the holder of the use shall have a right to appeal the suspension or revocation decision to the Land Use Appeal Board. The holder must file the appeal with the Planning Director within ten (10) days of the record of decision that the City has revoked the Conditional Use. 20 2009 Zoning Text Amendment Project August 10, 2009 Task Force Meeting Members Present Alene Bentley; Cindy Cromer; Sydney Fonnesbeck; Barbara Green; Jerry Green; Esther Hunter; Bruce Jensen; Jeremy King; Bill Nighswonger; Helen Peters; Vasilios Priskos; Dave Richards; Lon Richardson; Steven Rosenberg; Judi Short; Grace Sperry; Ray Whitchurch Staff Present Wilf Sommerkorn, Planning Director; Cheri Coffey, Planning Manager; Ray Milliner, Principal Planner; Mike Akerlow, Economic Development Division Discussion relating to proposed amendments to Conditional Use Regulations Administrative Conditional Uses • Don't need to go to community council but do require notice to abutting property owners Results of using criteria over the last year Concentration issues • Although the new use is mitigated, the uses that were approved before weren't mitigated so there is an impact when they are concentrated in an area. • What does mitigated mean? Does it mean that 75% of the impacts are mitigated? 100% of the impacts are mitigated? Clarify the criteria. An example would be to have a specific measurement of the noise that cannot be violated. That way it is easier to determine if it will really mitigate the impact and it can be enforced more easily. The below underlined text is clarification language by Esther Hunter relating to this issue. If possible the range of mitigations and the options oLow these items can be mitigated be listed rather than just that something needs to be mitigated. Not sure this is possible but it would be extremely helpful. Frank did something similar to this idea for the definition ofprisons. My feeling is that it is a benefit to get at as much on the table in advance as possible so that business owners know the cost to consider going into a property and residential owners feel a certain level of confidence that mitigation issues will be addressed 22 It was suggested that staff take the last several controversial areas and by contacting the people involved in order to help identify a potential list of issues to define in advance of many of the problem areas. (Eggs in the City for example had standard issues such as parking but also hours of preparation/smell which could be addressed by the direction of the fans used, etc.) My feeling is the more listed ahead of the time the better off everyone will be in building in less conflict and better system of trust in the ordinance. Also suggested was that each departments criteria and process be identified and documented(that is used in their evaluation process in giving a green light such as transportation, etc.). • Housing is a conditional use in commercial zones. Relook at the use tables and determine what should be permitted, conditional use or not allowed. Hard to work through issues (to mitigate impacts when applicant already did the work) Retroactive approval (boarding house issue). When department sign-off on project they should note what standards they are using. What do they base their criteria on? (Best professional practices or adopted regulations for City. ) The concentration of use is in a specific geographic area. Need to change ordinance and not allow the use if there are too many and they have a negative impact as a whole. lave to be able to say something specific relating to concentration such as the roads can't handle more traffic in the area. Need to ensure zoning implements the plan if the master plan calls for residential but not enough housing, then that is a problem. The zoning needs to be supported by the uses in the area. In some areas, you can't rely on the zone because the zoning doesn't match what's on the ground or in the plan. What is revocation process for a Conditional Use? • It is a very difficult process, hard to revoke. • Having it go to the mayor to initiate revocation is political. Put the authority in a less political agency such as the attorney's office. • Why not have the process be similar to other revocations? Where else in the City does there need to be a reliance on mayor to do something like this? Look at business license revocation process and possibly mimic it Not requiring a process for expansions of less than 1,000 square feet is not consistent with )nconforming regulations. 23 Changing from one conditional use to a different type of conditional use needs public input process. The whole nature of business is changing. , In some cases it may be ok to allow without process. In other cases it is not appropriate to not have a process. The underlying zoning can help provide density and intensity, but where allow incremental change of use, it intensifies the use without input. Impacts of smoking outdoors is an issue. Need to have indoor accommodations and separate ventilation. This would violate State Law. 24 SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City & County Building 451 South State Street, Salt Lake City, Utah Wednesday, October 14, 2009 Present for the Planning Commission meeting were Chair Mary Woodhead Vice Chair Susie McHugh; Commissioners Michael Gallegos, Michael Fife, Frank Algarin, Tim Chambless, Babs De Lay, Kathleen Hill, and Matthew Wirthlin. Commissioners Prescott Muir and Angela Dean were excused. A field trip was held prior to the meeting. Planning Commissioners present were: Tim Chambless, Michael Gallegos, Matthew Wirthlin, Michael Fife, and Frank Algarin. Staff members present were: Wayne Mills, Ray Milliner, and Katia Pace A roll is being kept of all who attended the Planning Commission Meeting. Chair Woodhead called the meeting to order at 5:44 p.m. Audio recordings of the Planning Commission meetings are retained in the Planning Office for an indefinite period of time. Planning staff members present at the meeting were: Cheri Coffey, Programs Manager; Paul Nielson, City Attorney; Ray Milliner, Principal Planner, Katia Pace, Associate Planner, Wayne Mills, Senior Planner and Tami Hansen, Senior Secretary. 7:42:01 PM PLNPCM2009-00174; Conditional Use Chapter Amendments— a request by Mayor Ralph Becker for zoning text amendment approval to modify Chapter 21A.54, Conditional Uses, of the Salt Lake City Zoning Ordinance. The purpose of the amendments is to bring the chapter into compliance with state Ash code, to clarify the intent of certain sections, and to revise the standards and factors necessary for conditional use approval. The proposed text amendments are city-wide. Chair Woodhead recognized Ray Milliner as staff representative. Chair Woodhead inquired about the detrimental concentration issue on page 4. She stated sometimes a particular use did not necessarily change the fabric of a neighborhood, unless there were too many of that same use. She stated that if one of those uses was declared non-permitted, would that make the rest of the uses in the neighborhood non-conforming. Mr. Milliner stated if there was a proliferation of one use in the area than it would need some type of review to figure out why there would be such a high demand of that use in the area, and recommendations would be made on that finding. The impacts of the use to the area could also be reviewed, maybe it was creating too much traffic or there was a compatibility issue. Chair Woodhead stated she understood the analytical problem, but it was clear that there might be a point where a lot of one kind of use changes the neighborhood, maybe in a detrimental way, so if that control is taken away then the City was not really recognizing that problem. Mr. Sommerkorn stated he wondered how many times that really happened. Commissioner De Lay stated a very specific example would be medical uses in a neighborhood, say there were already four and a fifth wanted to come in. Aso* 26 Chair Woodhead stated in that case a fifth might destroy the residential fabric of an area and people might not want to live there. Tommissioner De Lay stated she agreed with the changes Mr. Milliner had made; she inquired what the ZAP taskforce discussion was regarding this matter. Mr. Milliner stated there was not a lot of negative feedback regarding this. He stated most of the anxiety was about who would initiate a revocation application. Commissioner Wirthlin stated this new language was well written and would help the Planning Commission immensely when dealing with conditional uses. Commissioner Gallegos stated this language states community councils would be notified of public hearings in the future, and inquired the requirement was regarding that. Mr. Sommerkorn stated there was some confusion that had developed between the community council representatives and what was actually being proposed. He stated under the procedures for conditional uses, under application, it listed all of the things required to be submitted with the application, including a signed statement that the applicant had met with and explained the proposed conditional use to the appropriate neighborhood organization. He stated staff was striking that out of the new language because it seemed to imply that signed statement had to be part of the application, which meant the applicant would have to go to the community council first, and the City would not have any idea this was being proposed until after that process. He stated there was another section in the City code, which required all applicants to take changes to zoning ‘nd zoning ordinances and conditional use applications to the appropriate community council so this tquirement exists already, but in a less confusing manner via the City code. Commissioner Algarin stated the Commission was asking for this for a while and this language was a great response to that request. 8:01:13 PM Public Hearing Chair Woodhead opened the public hearing portion of the petition. The following people spoke or submitted cards in opposition to this petition: Judy Short (Sugar House Community Council, Land Use Chair) stated she was concerned regarding the way community councils seem to be eliminated from the zoning code, which meant most of the petitioners would not tell us about their plans. She stated that detrimental concentration was a vague concept, but if you lived in a neighborhood where this was a factor you see that problem with it all the time. She stated to eliminate because it was difficult to measure was not a good solution. The zoning table should be correct to start with and the option - of going back and continually changing it should not be relied on. Chair Woodhead closed the public hearing. 27 Amok 5.D. PLANNING COMMISSION MINUTES FOR OCTOBER 14, 2009 AND NOVEMBER 18, 2009 SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City & County Building 451 South State Street, Salt Lake City, Utah Wednesday, October 14, 2009 Present for the Planning Commission meeting were Chair Mary Woodhead Vice Chair Susie McHugh; Commissioners Michael Gallegos, Michael Fife, Frank Algarin, Tim Chambless, Babs De Lay, Kathleen Hill, and Matthew Wirthlin. Commissioners Prescott Muir and Angela Dean were excused. A field trip was held prior to the meeting. Planning Commissioners present were: Tim Chambless, Michael Gallegos, Matthew Wirthlin, Michael Fife, and Frank Algarin. Staff members present were: Wayne Mills, Ray Milliner, and Katia Pace A roll is being kept of all who attended the Planning Commission Meeting. Chair Woodhead called the meeting to order at 5:44 p.m. Audio recordings of the Planning Commission meetings are retained in the Planning Office for an indefinite period of time. Planning staff members present at the meeting were: Cheri Coffey, Programs Manager; Paul Nielson, City Attorney; Ray Milliner, Principal Planner, Katia Pace, Associate Planner, Wayne Mills, Senior Planner and Tami Hansen, Senior Secretary. V °c session Mary De La Mare-Schaeffer, CED Deputy Director, gave a briefing on the civic campus. 5:45:39 PM Approval of Minutes from Wednesday September 9, 2009 Commissioner McHugh made a motion to approve the September 9, 2009 minutes as written. Commissioner Gallegos seconded the motion. All in favor voted, "Aye". The minutes were approved. 5:46:21 PM Approval of the minutes from Wednesday September 23, 2009 Chair Woodhead stated regarding the Deseret Industries matter, the applicant made major modifications to their plan, which now complied with all of the conditions the Commission stated; however, the new building was slightly bigger. She stated that condition 12 stated that final approval was delegated to the Planning Director, and because of this the Commission did not need to completely rehear this issue, given that the applicant complied with all of the other conditions. Mr. Sommerkorn inquired if the Commission was flexible regarding the size of the building as long as the applicant met the other conditions that were imposed. Commissioner Hill stated the intent of the motion was to best serve the surrounding community. ulilnl, ��l1171 :1 'oh,' i 4, _'1)O() ���rlllJll!/' ( Sloli . '� /�h 7:42:01 I'M PLNPCM2009-00174; Conditional Use Chapter Amendments— a request by Mayor Ralph Becker for zoning text amendment approval to modify Chapter 21A.54, Conditional Uses, of the Salt Lake City Zoning Ordinance. The purpose of the amendments is to bring the chapter into compliance with state code, to clarify the intent of certain sections, and to revise the standards and factors necessary for conditional use approval. The proposed text amendments are city-wide. Chair Woodhead recognized Ray Milliner as staff representative. Chair Woodhead inquired about the detrimental concentration issue on page 4. She stated sometimes a particular use did not necessarily change the fabric of a neighborhood, unless there were too many of that same use. She stated that if one of those uses was declared non-permitted, would that make the rest of the uses in the neighborhood non- conforming. Mr. Milliner stated if there was a proliferation of one use in the area than it would need some type of review to figure out why there would be such a high demand of that use in the area, and recommendations would be made on that finding. The impacts of the use to the area could also be reviewed, maybe it was creating too much traffic or there was a compatibility issue. Chair Woodhead stated she understood the analytical problem, but it was clear that there might be a point where a lot of one kind of use changes the neighborhood, maybe in a detrimental way, so if that control is taken away then the City was not really recognizing that problem. Mr. Sommerkorn stated he wondered how many times that really happened. Commissioner De Lay stated a very specific example would be medical uses in a neighborhood, say there were 40104 already four and a fifth wanted to come in. Chair Woodhead stated in that case a fifth might destroy the residential fabric of an area and people might not want to live there. Commissioner De Lay stated she agreed with the changes Mr. Milliner had made; she inquired what the ZAP taskforce discussion was regarding this matter. Mr. Milliner stated there was not a lot of negative feedback regarding this. He stated most of the anxiety was about who would initiate a revocation application. Commissioner Wirthlin stated this new language was well written and would help the Planning Commission immensely when dealing with conditional uses. Commissioner Gallegos stated this language states community councils would be notified of public hearings in the future, and inquired the requirement was regarding that. Mr. Sommerkorn stated there was some confusion that had developed between the community council representatives and what was actually being proposed. He stated under the procedures for conditional uses, under application, it listed all of the things required to be submitted with the application, including a signed statement that the applicant had met with and explained the proposed conditional use to the appropriate neighborhood organization. He stated staff was striking that out of the new language because it seemed to imply that signed statement had to be part of the application, which meant the applicant would have to go to the community council first, and the City would not have any idea this was being proposed until after that process. [7] 17,llinrng C ;Ito rc' i),I ' l-1 11OO cated there was another section in the City code, which required all applicants to take changes to zoning and zoning ordinances and conditional use applications to the appropriate community council so this requirement exists already, but in a less confusing manner via the City code. Commissioner Algarin stated the Commission was asking for this for a while and this language was a great response to that request. 8:01:13 PM Public Hearing Chair Woodhead opened the public hearing portion of the petition. The following people spoke or submitted cards in opposition to this petition: Judy Short (Sugar House Community Council, Land Use Chair) stated she was concerned regarding the way community councils seem to be eliminated from the zoning code, which meant most of the petitioners would not tell us about their plans. She stated that detrimental concentration was a vague concept, but if you lived in a neighborhood where this was a factor you see that problem with it all the time. She stated to eliminate because it was difficult to measure was not a good solution. The zoning table should be correct to start with and the option of going back and continually changing it should not be relied on. Chair Woodhead closed the public hearing. F tic He•rings 8:03:17 PM P . NPCM2009-00784; Dick N' Dixie's Private Club—a request by Jason Rasmussen for a conditional use approval to •.erate a private club at approximately 479 East 300 South (currently "Andy's Place"). The subject property is locate. ' the R-MU (Residential Mixed Use) zoning district in City Council District 4, represented by Luke Garrott. Chair Woodhead recogniz•i Katia Pace as staff representative. 8:24:01 PM Public Hearing: Chair Woodhead opened the public -aring, she noted there was no one present to speak to the petition, she closed the public hearing. 8:25:30 PM Motion: Commissioner De Lay made a motion regars • g Petition PLNPCM2009-00784, based on the findings listed in the staff report and testimony heard, the Plan.ing Commission approves the petition as proposed with the following conditions: 1. The Planning Commission delegates the final . thority for the site plan, signage review, and security and operations plan according to the conditional u •. • [8] SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City & County Building —. 451 South State Street, Salt Lake City, Utah Wednesday, November 18, 2009 resent for the Planning Commission meeting were Chair Babs De Lay and Vice Chair Frank Algarin and :ommissioners Tim Chambless, Angela Dean, Michael Fife, Michael Gallegos, Prescott Muir, and Mary Woodhead. :ommissioners Susie McHugh, Matthew Wirthlin, and Kathleen Hill were excused. field trip was held prior to the meeting. Planning Commissioners present were: Frank Algarin, Tim Chambless, lichael Fife, Michael Gallegos, and Mary Woodhead. Staff members present were: Cheri Coffey, Ray Milliner, and lick Norris. roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to order at 5:46 .m. Audio recordings of the Planning Commission meetings are, retained in the Planning Office<for an indefinite eriod of time. Planning staff members present at the meeting were: Wilford Sommerkorn, Planning Director, Cheri offey, Programs Manager; Ray Milliner, Principal Planner; Paul Nielson, City Attorney; and Tami Hansen, Senior ecretary. Vork session 'he Planning Commission heard presentations regarding the North Temple Master Plan and the Downtown Streetcar 'roject :47:11 PM Approval of the minutes from Wednesday, October 28, 2009 Commissioner Woodhead made a motion to approve the October 28, 2009 minutes with noted changes. Commissioner Fife seconded the motion. All in favor voted,"Aye". The minutes were approved. :48:16 Pivl Report of the Chair and Vice Chair :hair De Lay stated neither she nor Vice Chair Algarin had anything to report. :48:18 PM Report of the Director ✓Ir. Sommerkorn stated the City Council was moving forward on some of the petitions staff had been working on for he past year. He stated on November 17, the City Council approved the amendment to the mixed-use zone, to allow or private/social clubs with a minor modification that a security and operations plan was required to be submitted Jong with a parking management plan. vlr. Sommerkorn noted on December 7, from 4:00-6:00 p.m. an open house would be held regarding the streetcar Manning effort. He noted on December 8 & 9 a workshop would also be held which Planning Commission members , v ere invited to attend. ���ilJllllrl'! ( ' i 11 IllhhhI IA 00') Mr "-Immerkorn stated some type of requirement could be added in to maintain these boxes, but generally Qwest an IP were trying to take care of issues that arise. Commissioner Chambless stated he would like to see everyone involved be more proactive rather than reactive, so :his type of vandalism could be stopped all together, or at lease lessoned because it was an irritant for everyone. commissioner Woodhead stated when these utility boxes were graffitied the utility companies were victims of that :rime as well, so whatever efforts they could do to clean it up was appreciated and they should not be penalized. i:17:36 PM Motion commissioner Woodhead made a motion regarding Petition PLNJ'CM2009-00902, Amendments to Chapter t1A.40.160; utility box regulations, the Planning Commission forwards a positive recommendation to the City 2ouncil to adopt the proposed modifications to the relevant chapter, with the correction on page 10 of the staff -eport under Conditional Use it reads, Conditional use review is required for all ground mounted utility boxes tot specifically addressed in sections C of this chapter, it should be changed to section D of this chapter. This notion is based on the public hearings, and the information in the staff report. commissioner Chambless seconded the motion. )iscussion of the Motion commissioner Dean inquired if Commissioner Woodhead would consider an amendment to the motion that all utility Iwo ave clearly labeled hotlines to call for problems and a no idling sticker. :ommissioner Woodhead accepted the amendment. commissioners Fife, Gallegos, Dean, Chambless, Woodhead, and Algarin voted, "Aye". The motion passed inanimously. :20:01 PM PLNPCM2009-00174; Conditional Use Chapter Amendments—a request by Mayor Ralph Becker Dr zoning text amendment approval to modify Chapter 21A.54, Conditional Uses, of the Salt Lake City Zoning )rdinance. The purpose of the amendments is to bring the chapter into compliance with state code, to clarify the ltent of certain sections, and to revise the standards and factors necessary for conditional use approval. The proposed :xt amendments are city-wide. 'hair De Lay recognized Ray Milliner as staff representative. 'ommissioner Muir rejoined the meeting. 22:2 1 PM Public Hearing he following people spoke or submitted cards in opposition to the petition: Cindy Cromer stated conditional uses nder LUDNA were not going to work, it was an entitlement for conditional uses and once you get to that point you tfe' Pople's motivations to be a good neighbor. She stated once a conditional use was approved it was very iffi to amend or revoke that decision. She stated the direction the Planning Commission had taken with the 13 I'l�rrrrrrrrt�('orrrn (\vrurr '00 lanned unit developments and moving them outside of the conditional use chapter was outstanding. She stated moking was an issue at times in areas where neighbors were affected by their patrons cigarette smoke and she woulc " 004 ke to see a requirement placed on a project to have a separate HVAC. 'hair De Lay inquired where that requirement would be placed. 'Is. Cromer stated under factor 11, cigarette smoking needed to be considered as an environmental impact under air nd water. If language specifically mentioning the anticipated impacts of smoking in particular were included, that could be helpful. pis. Cromer stated staff had recommended the removal of the concentration criteria, but there was a collective npact. She stated one way to go about this would be to require mitigation through the new proposed accessory welling unit ordinance, which would help mitigate the loss of housing. :ommissioner Fife stated the Commission should come up with the factors to consider and not necessarily a way to olve issues because it was going to be different in every case. He stated including language anticipating the effects f cigarette smoking would be appropriate, but the Commission should not be too specific. ;ommissioner Chambless agreed because this was a public health issue. 4r. Sommerkorn stated that was a good issue to look at, staff had also been involved in reviewing the alcohol ormalization that was going on, where the issue of smoking had come up there. He stated the Mayor's office had lso discussed dealing comprehensively with smoking in public areas in the City. He stated for the purpose of this etition tonight, raising the issue as something that needed to be reviewed in the future was a good idea. :hair De Lay stated it would not be a big deal to add a mention of this to factor 11: Environmental Impact. 4s. Cromer stated she was disappointed the modifications up to 1,000 square feet could be handled without any iublic process or notice. She stated 1,000 square feet could actually amount to doubling the footprint of some of the maller historic buildings. She suggested there should be notice to surrounding property owners and if there were any .bjections there should be a hearing. Expansion exceeding 25 percent of the square footage of the existing facility hould also trigger some kind of public hearing. -udi Short (862 Harrison Avenue) stated she wanted to defend the ZAP taskforce and say it was working. She stated here were comments regarding the concentration issues, and people were making comments about them, but [owhere did it say that the ZAP taskforce agreed to take out that language in the new ordinance. She stated notes vere taken at the ZAP meeting, and staff wrote the ordinance afterward and now it was before the Commission, she tated staff made it seem like the taskforce had seen this and approved it, but that never happened it was only liscussed in general. ✓Ir. Sommerkorn clarified the ZAP taskforce was not an approving body, it was an input body. He stated so while ;ertain topics might have been discussed at those meetings that was not necessarily the way they were coming brward to the Commission because the taskforce was only one means of input. He stated what the Commission sees n draft form may not reflect all of the different comments from ZAP. 713 14 I /,(/hllll; )! 1f;,. GIs. Chort stated she was still disappointed after this process there were still a lot conditional use approvals, she vo eally like to see some of those go away. She stated staff probably had a good inventory of parcels in the City hat were conditional uses. vIs. Coffey stated several years ago there was an attempt to look at that, but there was really not a system to find out vhat uses had gone away, what had come back into use etc. She stated it would be difficult to categorize the entire 'ity. :hair De Lay closed the public hearing. :hair De Lay inquired of Mr. Milliner to give his rationale on why the concentration criteria was left out. 4Ir. Milliner stated the rationale was on page 4 of the staff report, when the conditional use table was adopted it stated hat certain uses were compatible with certain zones, if a use was not compatible because for instance there were too nany of the uses in one area then it was not a conditional use factor issue, it was a zoning master plan issue. le stated currently there was not a good set of criteria to determine what actually constitutes detrimental impact. For :xample up by Immigration Market there was a significant impact from the parking in the neighborhood for the tomes that were closest to the market. However, if you talked to the neighbors in general most of them like having he market close by, so there was no criteria that would allow planning staff to determine a good or bad use for the e teighborhood, a separate process would need to be created. 4r. Sommerkorn stated under the state code with the change to the conditional use factors a couple of years ago, if a on final use was listed in the ordinance there was a presumption that it was valid and could be located in that one, only some impacts needed to be mitigated. He inquired how a limit could be put on types of uses if the uses vere allowed in a zone, it would be really tough to come up with the criteria for this. 4r. Milliner stated if he was to review a conditional use and this was one of the criteria, how would a detrimental npact be determined. He stated there was not a list of factors to determine it. ;ommissioner Muir stated this was already done with group homes for instance; there was some sort of assessment tat stated there could only be so many of these uses within a block, so there were ways to measure this. 4r. Sommerkorn stated look at this on the flip side and look at permitted uses, to many of a certain kind of a ermitted use may also be detrimental, but there was no way to put a restraint on that type of competition. ;ommissioner Woodhead inquired if there was a way to tie this to the master plan, for instance detrimental oncentration of uses which resulted in the neighborhood having a character that was inconsistent with the ...;quirements of the master plan. 4r. Milliner stated the second factor: Master Plan and Zoning Ordinance Compliance would cover that issue by llowing staff to review the compatibility of the master plan. 'hair De Lay inquired how Mr. Milliner felt about Ms. Cromer's suggestion regarding the modifications up to 1,000 quare feet. 4r. .liner stated he did not have a problem with that. 15 P/o/inw. ( 'owwriss/wr ;Vinrrlc \nr, nil),,/ l�'. 200'l Commissioner Fife suggested combining the ideas and saying either the lesser of 1,000 square feet or twenty-five ,25) percent of the existing gross square feet would need to be noticed. The Commission agreed to this change. Commissioner Woodhead stated factor 11: Environmental impact should include some language to look for some compliance with the City's sustainability ordinances, if there was a way to broadly tie it to those goals, rather than just saying does it affect air and water etc., which seemed like a slim perspective when the City had bigger sustainability goals. Ms. Coffey stated at this point the sustainability goals had not been adopted; the City was looking at doing a plan. She inquired if the environmental aspect would also include the cigarette smoke issue. 8:46:22 PM Motion Commissioner Fife made a motion regarding Petition PLNPCM2009-00174; Amendments to Chapter 21A.54: Conditional Use, based on the staff report and public hearing, the Planning Commission forwards a positive recommendation to the City Council to approve these amendments with the following changes: Factors to consider number 11: Environmental impact should read, whether the use meets any existing City sustainability goals or plans, or significantly impacts the quality of the surrounding air and water, encroaches into a river or stream, or introduces any hazards or environmental damage to any adjacent property including any significant anticipated impacts of cigarette smoking. And 21A.54.135: Alterations or Modifications to a Conditional Use on page 17 of the staff report should be changed to read, Any modifications or legally non-conforming land use fisted as a conditional use under current zoning regulations is first required to obtain conditional use approve subject to the provisions of this chapter if the floor area increases by the lesser of 1,000 gross square feet or a twenty-five (25)percent increase in the existing gross square feet or the parking requirement increases. Commissioner Algarin seconded the motion. Discussion of the Motion Commissioner Woodhead stated she was interested about how Commissioners felt about the concentration issue; she stated she was conflicted about it. If it was said the response to that is to change it to a prohibited use, than that would require a fairly long process to go through and maybe that would solve the problem. Commissioner Muir inquired what the implications would be if the zone was changed and created all these non- conforming uses, because essentially that was what was happening. Mr. Milliner stated when a zone was changed and non-conforming uses were created, that was like saying we no longer want this use here, so eventually this change would make it go away. Commissioner Dean stated the Commission had talked about wanting to mix a residential element in, so if those zones were changed to a mixed-use with the same baseline zone, it would prevent zones from changing back and forth, or maybe just having some type of living unit associated with the zone would help that type of mixed-use r,resence. 16 l'lcnmi��� C'omiiii ion 1Liiiii, Ao��nih��� l�5' 'ON De Lay stated currently it was impossible to get a loan on something like that because the City did not allow a rE .nce in a building that had more than 25 percent businesses in it. She stated this would be a great idea in the future for more mixed-use areas, but right now it was not practical. Commissioner Fife inquired about the spacing element that seemed to work for some uses. Mr. Milliner stated that would be separate from the conditional use as well, it would be adopted in the ordinance. Chair De Lay inquired if it was really appropriate to figure this issue out at this-hearing or would it be a completely separate issue the Commission should address in the future given this was a problem in the City. Mr. Sommerkorn stated the way this was written in the ordinance now was a problem, it was hard to administer. He stated there were also some potential legal issues with it, but this might be a valid issue to look at and deal with in a different way. Commissioner Woodhead stated the idea of putting this in the master plan made a lot of sense. Ms. Coffey stated next year the ZAP taskforce would be going through the use tables and reviewing the definitions of all the uses, and then figuring out what zones those uses should be allowed in, both permitted and conditional. She stated maybe at that time the Planning Commission could figure out what uses were appropriate in what area, as well as deciding on spacing issues. Commissioners Gallegos, Fife, Dean, Muir, Chambless, Woodhead, and Algarin voted, "Aye". The motion pa unanimously. The meeting adjourned at 8:53 p.m. This document, along with the digital recording, constitute the official minutes of the Salt Lake City Planning Commission held on November 18,2009. Tami Hansen 17 Salt Lake City Planning Division Notice of an Open House The intent of the Open House is to obtain public comments and input prior to any public hearings for the items listed below. As the open house is not a public hearing, items are presented in an open forum style, rather than in any given order. Booths will be set up for you to review materials and talk with planners and applicants of each petition. Since it is very difficult for us to inform all interested parties about these items, we would appreciate you discussing this matter with your neighbors and informing them of the meeting. Wednesday, June 17, 2009 4:30 — 6:00 p.m. City & County Building, 451 South State Street First Floor Room 126 PLNPCM2009-00174; Conditional Use Chapter Amendments—a request by Mayor Ralph Becker for zoning text amendment approval to modify Chapter 21A.54, Conditional Uses, of the Salt Lake City Zoning Ordinance. The purpose of the amendments is to bring the chapter into compliance with state code, to clarify the intent of certain sections, and to revise the standards and factors necessary for conditional use approval. The proposed text amendments are city-wide (Staff contact: Ray Milliner at 801.535.7645 or ray.milliner@slcgov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to attend this meeting. Accommodations may include: alternate formats, interpreters, and other auxiliary aids. This is an accessible facility. For questions, requests, or additional information, please contact the Planning Division at 535-7757; TDD 535-6220. Milliner, Ray Fromm: cindy cromer[3cinslc@live.com] Thursday, November 19, 2009 8:23 AM helen peters; grace sperry; loggins merrill; leanne mcquade; Esther Hunter; Iori gutierrez, melinda main; dave richards; Central City CC Chair; Capitol Hill CC Chair; Greater Avenues CC Chair; Bonneville Hills CC Chair; barbara green Cc: Judi Short; Milliner, Ray Subject: conditional use amendments Attachments: PCConditionalUse111809.rtf all-Judi Short and I attended the PC meeting last night. Thanks to her I got more time to explain that - attached suggestions. And probably thanks to her, the PC members actually considered the suggestions. They agreed to -specific language about the adverse impacts of cigarette smoking and -a hybrid threshhold for expansions (the lessor of 25% of sq. footage OR 1000 sq. ft.). We lost the "concentration" criterion that was added in 2008 as a result of complaints from neighborhoods in ECCC that there were too many condtional uses concentrated on one area. The staff insists that it is too difficult to evaluate and defend from a legal standpoint. PC members did discuss this at some length and Mary Woodhead especially expressed her concern. The members agreed that the criterion for compliance with the master plan would have to be used to address concentration. The amendments are now headed for the City Council. My recommendations are to -insist that nearby property owners be notified regarding ANY expansion of a conditonal use (At this point, the Planning Director can handle ones below the threshhold administratively without any notice.) -ask the City Council to strengthen the language in the criterion regarding compliance with the Master Plan to better address the overabundance of conditional uses in an area. Thanks to Judi and of course Ray Milliner in Planning. c Hotmail: Trusted email with Microsoft's powerful SPAM protection. Sign up now. 1 Comments to the Planning Commission Re conditional use ordinance From Cindy Cromer 11/18/09 Based on personal experience with a conditional use right next to one of my properties, I have come to the conclusion that conditional uses under LUDMA are not going to work. LUDMA is an entitlement for conditional uses, and once you get into entitlements you affect people's motivation to be a good neighbor. You cannot create conditions that insure someone will be a good neighbor. Furthermore, I can't tell you what mitigating conditions you would need to impose until it is too late to impose them. My recent experience with a large group home next door has taught me that. I think the direction you are taking with Planned Unit Developments is excellent. Removing them from the conditional use process altogether is brilliant. Call them something else and LUDMA won't apply. Meanwhile, we seem to be clinging to the philosophy of conditional uses. Instead I think we should have allowed uses and uses that are covered somewhere else in the ordinance, outside of the conditional use chapter. Comments on particular aspects of the proposal 1. Factors to Consider The unanticipated consequence in my recent experience is the huge number of smokers associated with the group home. I would urge you to specifically mention cigarette smoking as an environmental impact. Where there are many smokers and the schedule • encourages them to smoke at the same time, the result is a toxic cloud that drifts over adjacent property. The mitigation would be to have an indoor smoking area with a separate HVAC. 2. Factors to Consider I am disappointed that the staff is recommending the removal of the "concentration"criteria. While it is admittedly difficult to administer, the clustering of conditional uses such a addiction treatment programs and lawyers' offices cannot be mitigated by addressing , the impacts of each one. At some point, the area is not longer consistent with the purpose r statement of a residential zone. As residents have said to the Commission many times, "no one is home." The staff may not be able to determine the threshhold for when a detrimental concentration occurs, but people trying to live there can. Regarding the argument that policy makers could make changes if too great a concentration occurs: Yes, they could, but the conditional uses already approved would continue indefinitely. And policy makers do not act until "the horse is out of the barn." 3. Alterations or Modifications Again, I am disappointed that modifications up to 1000 sq. ft. could occur administratively WITHOUT ANY PUBLIC NOTICE OR PUBLIC PROCESS. There is NO indication that impacts will be the same following such an unpublicized expansion. Certainly, the people in the surrounding neighborhood, not the Planning Director, are the most qualified to comment on what the impacts of an expanded facility might be. In the older parts of the City, many buildings are relatively small and a 1000 sq. ft. expansion might easily represent a doubling of the square footage. No expansion should occur without notice to the surrounding property owners. The notification radius should be a minimum of 330 linear feet because of landbanking. It would make more sense to set the threshhold for a public hearing as 1) objection from one or more of the surrounding property owners or 2) a request for an expansion exceeding 25% of the existing facility. ALL EXPANSIONS SHOULD BE REQUIRE NOTIFICATION OF SURROUNDING PROPERTY OWNERS. ;n y, \\ % yL, _:,,� Memorandum to � e Community&Economic Development Office of the Director To: File 01C-- From: Cheri Coffey, Planning Manager Date: August 6, 2009 Re: PLNPCM2009-00174. 2009 ZAP Project- Revisions to the Conditional Use Chapter regulations This project is part of the overall 2009 Zoning Amendment Project (ZAP). The project specifically relates to modifications Chapter 21A.54 relating to Conditional Uses. Scope of the Project generally includes Refine the general conditional use approval standards/criteria. Applicability of Conditional use approvals. Determine whether or not an approval of a conditional use should be linked to the person applying or to the property on which it will be located (i.e. 'Run with the land") Response: State Law does not specifically state that a conditional use approval runs with the land. However, it is usually assumed that this is the case. Whether it should be tied to the applicant or the land is a policy decision. If the decision makers decide that a conditional use approval should be tied to the applicant, the text of the ordinance should be specific to that effect and should also be specific as to what triggers the expiration of the conditional use approval. Most jurisdictions in Utah have the conditional use approval tied to the land. The benefits of having the approval tied to the applicant is that it ensures that any new property owner will be notified of the conditions of the approval and it will give the City the opportunity to review the proposed operation of the use by the new owner to mitigate any potential impacts. 1 The drawbacks of having the approval tied to the applicant is that it makes it more difficult for a business owner (if that is the use) sell his/ her business to a new owner and creates more conditional use applications which require more staff resources when there may be no issues. A compromise may be to create an administrative review process to determine whether the new use really is the same as the approved conditional use. This would allow the City the opportunity to review the application, notify the new property owner of the conditions of approval yet not require a long public hearing process that could delay the approval. PC Direction: The Planning Commission was concerned mostly with this issue. They were concerned that if the conditional use was attached to the applicant rather than the land it would have an impact in investment (especially where new construction was concerned) and reinvestment. They noted that a conditional use that is attached to an applicant would decrease the property value of the use and affect how much a property was worth if it were sold when the existing use was not guaranteed for the next owner. They requested staff further study this issue. They stated that a list of conditional uses that run with the land and a list of conditional uses that have to be reapplied for when the owner changes, may be one way to address the issue. Converting conditional use to a similar use. Should conditional uses be able to be changed wok from one specific use to another? Response: Staff does not recommend that this should occur. It is difficult to assume that impacts from a different type of use were anticipated with the original conditional use approval. Staff recommends that any change of use of a conditional use should go through a review process for approval. If a modified conditional use process were created to handle these types of issues (change of owner and change of use) it may help streamline the process for the applicant yet provide a review mechanism to ensure impacts are mitigated. Cumulative Impact. Determine how the accumulation of conditional uses in residential and neighborhood commercial zones should be handled. For example, consider limiting certain types of uses to a specific number of establishments within a specific area. Should a restaurant be allowed on each of the four corners at an intersection in a neighborhood commercial zone. Response: The Cumulative Adverse Impact has been a standard for Conditional Uses in the Zoning Ordinance prior to the adoption of the New Ordinance in 1995. It is a problematic standard. Traditionally, conditional uses have been viewed as Auk • Page 2 similar to permitted uses (i.e. appropriate in the zone) but something about the use is problematic. Conditions then are imposed to address the problem. In practice, each conditional use is analyzed on its own merits, and where warranted, conditions are placed on the approvals to ensure adverse impacts are mitigated. Therefore, in theory, there should not be a cumulative adverse impact from conditional uses. For example, if each request is reviewed based on its merits, would the City look at denying a conditional use for a Place of Worship, a conditional use in residential zones, simply on the basis that there were already several Places of Worship in the vicinity? Furthermore, the review of similar conditional uses and non-conforming uses within the mile radius that staff has been conducting since January 2008, have shown that this does not occur very often. In addition, since legal non-conforming uses have specific protected property rights and are not conditional uses, it is problematic to include the location of these in the analysis of whether a conditional use should be allowed in a specific area. Staff is of the opinion that the cumulative adverse impact standard should be eliminated. Staff reviewed the conditional use standards of many of the larger cities in Utah and has found that they do not include the cumulative adverse impact. In addition, most rely on the General Health, Safety and Welfare standard as their main standard in reviewing conditional use requests and include what categories the conditions of approval should focus on (i.e. traffic, noise, odors, etc). The Planning Staff is of the opinion that the conditional use standards should be modified to include this approach. Staff is of the opinion that the types of impacts that are generally associated with a specific type of conditional use should be identified and standards that focus on mitigating those specific issues should be included in the ordinance for those uses. An example may be to ensure that drive through windows are only allowed, where they access an arterial street or restaurants are only allowed where they are on a minimum size of lot, etc. Where a certain type of conditional use may encourage a large share of vehicular traffic (such as a drive-through window), it may be appropriate to not allow the use, even as a conditional use, in a specific zoning district (an example would be to eliminate drive-through windows as a conditional or permitted use in the mixed use and lower intensive commercial zoning districts.) Spacing requirements may be used for conditional uses, but that would more likely discourage small business, encourage rezoning requests and dilute the non- residential nodes by spreading out the uses and services, which in turn decreases the walkable nature of neighborhoods the City is trying to encourage. Lastly, the continuation of non-conforming uses and the ability to obtain approval for conditional uses may help implement sustainability goals through the reuse of existing structures, in residential areas. • Page 3 ( ) Remarks: Petition No: PLNPCM2009-00174 By: Salt Lake City Planning Division Amendment to Zoning Ordinance — Conditional Use Chapter Regulations Date Filed: 08/06/2009 Address: Citywide MEMORANDUM DATE: December 8, 2011 TO: City Council FROM: Neil Lindberg RE: Proposed amendments to the Salt Lake City Code demolition regulations Chapter 18.64 - Demolition Chapter 18.97 - Mitigation of Residential Housing Loss The following information was provided previously to the Council in a memo from the Council Planning Subcommittee, Janice Jardine and Nick Tarbet. The attached ordinance has been updated to reflect amendments adopted as part of the Salt Lake City Consolidated Fee Schedule ordinance and to delete references to the National Historic Preservation program to avoid potential conflicts. During the Council's discussion of this item on November 5,the Council asked that the Planning subcommittee develop a draft purpose statement for further discussion with the full Council. (Please see draft statement below.) The Council indicated that after review of the purpose statement the draft ordinance would be distributed to the Administration and the public for review and comment. Council Members emphasized that this draft ordinance is not a completed product, but is intended to generate conversation and recommendations. A summary of comments received as of November 25 are attached at the end of this memo. Demolition Ordinance Purpose Statement Purpose and Intent A. The purpose of the provisions in this Chapter is to: 1. Promote the public welfare by maintaining the integrity and continuity of the urban fabric and economic vitality; 2. Provide an orderly and predictable process for demolition of buildings and structures; 3. Ensure demolition occurs safely; 4. Protect utilities and other infrastructure from damage during demolition; 5. Provide for enforcement of timely completion of demolition and for improvement of property following demolition to ensure the site is not detrimental to the use and enjoyment of surrounding property; 6. Provide for enforcement and maintenance of property to avoid purposeful demolition by neglect; and 7. Encourage preservation of the City's housing stock. B. A primary intent of the City Council with respect to this Chapter is to avoid demolition, or partial demolition, of buildings in a manner that disrupts the character and development pattern 1 of established neighborhood and business areas. Accordingly, the Council finds that it is in the public interest to: 1. Require existing buildings to be maintained in a habitable condition until replaced by new construction; 2. Avoid demolition of existing structures until a building permit is issued for new construction; and 3. Avoid creation of vacant demolition sites with minimal or no landscaping or other improvements. The following information was provided previously for the Council Work Session on November 5, 2009. It is provided again for background purposes. Over the past several years Council Members have expressed a number of frustrations about the demolition ordinance. Different Council Members have been interested in different aspects of the ordinance. This draft ordinance brings the issue to the table for discussion. The proposed changes are intended to address situations where existing structures have been demolished as part of anticipated new construction but, in some cases, construction is delayed and the site is allowed to sit vacant with minimal or no landscaping. This can disrupt existing development patterns of an area or negatively impact the character of an established neighborhood. Issues that have come up in the past include: 1. Should the City allow buildings to be torn down before the developer has presented re-use plans to the City? 2. Is it good policy to allow landscaping in lieu of a re-use plan? 3. Is it good policy to allow parking lots as an interim re-use plan? 4. If the City determines that landscaping plans are appropriate: a. Are they required in every circumstance? b. What extent of landscaping is required? c. What happens if the property owner takes down a building and doesn't landscape? d. When are performance bonds required, and are the bond amounts adequate for the City to go in and perform the work? 5. Should the City require a mitigation payment for the loss of housing? a. Is the current payment adequate to discourage the demolition of housing? b. Should the mitigation be limited to residential zones? 6. Should housing units in National Historic Districts be subject to the same regulations as housing units located in local Historic Districts? 7. How can the City address situations where neighbors and the community council are supportive of removing a structure they consider a blight on the area or an attractive nuisance when City regulations require a waiting period? 8. How does the City avoid inadvertently creating an incentive for property owners to allow their properties to deteriorate in order to increase the likelihood that their property will be approved for demolition? 2 :wvrsrrrr�rr rwrrr� �rrrrrrrrl ram. 9. How does the City avoid inadvertently creating a disincentive for property owners who would like to redevelop their properties in a manner supported by the City's adopted land use plans and zoning and need to demolish structures prior to submitting a full set of building plans for City approval? 10. How far can the City go with its regulatory authority without inappropriately infringing on the rights of property owners? The following is a brief summary of key items from the proposed draft ordinance relating to amendments to the City's demolition and housing mitigation regulations. They are provided here to assist in the Council's discussion on November 5. A copy of the draft ordinance in revision format is provided at the end of this memorandum. (Please note-All changes in the draft are not listed here.) The intent is to receive feedback from the Council and identify steps to move this item forward for further action. Additional items may be identified and discussed by Council Members. Administrative staff has indicated concern with some of the proposed changes and will be prepared to discuss their issues with the Council. Chapter 18.64—Demolition the current ordinance allows the issuance of a demolition permit if a permit for the replacement use has been issued or a landscaping plan has been approved and a bond filed. A. 18.64.020 - Permit application (See draft ordinance - pg.1, lines # 36-38) 1. Requires identification of the proposed use of the premises following demolition 2. The anticipated start date for new construction, and 3. Whether any development applications have been submitted or approved by the City. B. 18.64.030—Fees and Signature—Bond (See draft ordinance - pgs.2-3, lines # 72-103) 1. Removes landscaping waiver fee 2. Requires fee for compliance with the requirements of this chapter and to assure the property is kept free of weeds and junk materials 3 �cl itit���H{ b€n liar` requirements A bond NC.ould be required for abatement of helath. safer impacts, environmental impact, general clean up and landscaping C. 18.64.040— Issuance of Demolition Permit (See draft ordinance - pgs.3-4, lines# 105- 162) • Sec. A - A demolition permit shall be issued if: 3 -*�" .,n. T.a_. ... ,.,T�..ba.ms-•-.�....,..:�,;�.ras.aa..,,,an..s.I R. rE:: ;2:. ..ro.w,^ua...x e,w.a?:�ar..n::7:w+ 1. A building permit for a use replacing the building/structure has been approved and issued by the City, or 2. If the Chief Building Official or the Fire Marshal orders demolition of the structure due to natural disaster, fire, or other similar event; or hazardous or blighting conditions. a. Requires the site to be landscaped within 30 days after demolition unless a building permit has been issued for new construction. b. Provisions of this section apply regardless of any contrary zoning regulations or standards. c. Requires a bond to cover proper installation and maintenance of the landscaping. d. Allows a delay in installing landscaping up to 6 months due to weather conditions and requires the property owner to escrow funds sufficient to ensure installation of the landscaping. • Sec. B—Addresses property owner neglect by 1. It is unlawful for a property owner to neglect a building/structure to the point that it fails to conform to standards in City Code, Chapter 18.50 Existing Residential Housing (Fit Premises), Sec. 18.50.140 through 18.50.230. 2. Such neglect shall be a class B misdemeanor. 3. Each day a violation occurs shall be a separate offense. • Sec. C—requires: 1. A housing mitigation plan for demolition of one or more dwelling units located in a residential zone, whether or not occupied. Housing mitigation and HAAB review would only be required for demolition of dwelling units located in residential zones. 2. Compliance with the Historic Overlay District requirements 21A.34.020 sections J through P if located in a nationally listed historic district or is a nationally listed site, or is considered a significant or contributing structure. This requirement would need further study and review D. 18.64.050—Residential Demolition Provisions—Sec. F. HAAB Decision (Housing Advisory and Appeals Board) (See draft ordinance - pg. 6, lines #251-256 and pg. 7, lines # 274-276) 1. Allows HAAB to delay issuance of a demolition permit for -may order-a-4eme1+tifH3 permit-not 1 e-isM e44 )r can ac-klitional-6 months to allow fur-theLr-attempts to preserve the housing stock. 2. After any additional time period ordered by HAAB has expired, a demolition permit shall be issued subject to compliance with the housing mitigation plan. E. 18.64.070—removes the option for a__post-demolition use plan waiver-procedure. (Landscaping waiver) (See draft ordinance—pg. 7-8, lines# 296-331) F. 18.64.070—Pre-demolition Salvage Permits (See draft ordinance - pg. 8, lines # 333-341) • A pre-demolition salvage permit may be issued upon approval by the City of a building permit for new construction. 4 G. 18.64.080—Expiration—Diligence (See draft ordinance - pg. 9, lines # 357-360) • Requires permit holder to diligently pursue completion of demolition work or City may declare bond forfeited and use funds to finish demolition and installation of landscaping Chapter 18.97—Mitigation of Residential Housing Loss A. 18.97.010 Purpose (See draft ordinance -pg.11, lines#419-425) • Question for Council consideration—should the purpose statement be updated? The eityCitv has experienced a loss of important affordable housing stock, particularly in its central cityCity and Capitol Hill areas due to commercial expansion. It is the objective of the city to mitigate the adverse impacts of such losses, b expansion of commercial uses, with due consideration for vested or protected property rights. B. 18.97.020—Housing Mitigation Condition Precedent to Demolition of Residential Units (See draft ordinance -pg.11, lines#431-440) 1. Requires a housing mitigation plan for a demolition permit that will result in a loss of one or more residential units located in a residential zone. C. 18.97.040—Housing Mitigation Justification (See draft ordinance - pg.13 & 14, lines# 542-554) 1. Requires HAAB to consider a housing mitigation plan as part of the process for a demolition permit application. 2. Requires a report from the CED Director to HAAB justifying the method of housing mitigation recommended including a factually based justification for the mitigation. 3. Applicant may submit a similar proposal and factual and legal justification for mitigation or why the Director's recommendations are appropriate or should be modified. 4. HAAB action shall include an evaluation of the adequacy of the mitigation plan submitted by the applicant and recommended by the CED Director. 5 DISCUSSION DRAFT- DECEMBER 8, 2011 Chapter 18.64 DEMOLITION 18.64.005: PURPOSE AND INTENT: A. The purpose of the provisions in this Chapter is to: 1. Promote the public welfare by maintaining the integrity and continuity of the urban fabric and economic vitality; 2. Provide an orderly and predictable process for demolition of buildings and structures; 3. Ensure demolition occurs safely; 4. Protect utilities and other infrastructure from damage during demolition; 5. Provide for enforcement of timely completion of demolition and for improvement of property following demolition to ensure the site is not detrimental to the use and enjoyment of surrounding property; 6. Provide for enforcement and maintenance of property to avoid purposeful demolition by neglect; and 7. Encourage preservation of the City's housing stock. B. A primary intent of the City Council with respect to this Chapter is to avoid demolition, or partial demolition, of buildings in a manner that disrupts the character and development pattern of established neighborhood and business areas. Accordingly, the Council finds that it is in the public interest to: 1. Require existing buildings to be maintained in a habitable condition until replaced by new construction; DISCUSSION DRAFT - DECEMBER 10, 2010 2. Avoid demolition of existing structures until a building permit is issued for new construction; and 3. Avoid creation of vacant demolition sites with minimal or no landscaping or other improvements. 18.64.010: PERMIT REQUIRED: It is unlawful to demolish any building or structure in the City, or cause the same to be demolished, without first obtaining a permit for demolition of each such building or structure from the City building official as provided in this chapter. 18.64.020: APPLICATION FOR PERMIT: To obtain a permit for demolition, an applicant shall submit an application in writing on a form furnished by the building official for that purpose. Each application shall: A. Identify and describe the type of work to be performed under the permit; B. State the address of the structure or building to be demolished; C. Describe the building or structure to be demolished including the type of use, type of building construction, size and square footage, number of stories, and number of residential dwelling units (if any); D. Indicate the method and location of demolished material disposal; E. Identify the approximate date of commencement and completion of demolition; F. Indicate if fences, barricades, scaffolds or other protections are required by any City code for the demolition and, if so, their proposed location and compliance; G. State whether fill material will be required to restore the site to level grade after demolition and, if required, the approximate amount of fill material; a,�h DISCUSSION DRAFT- DECEMBER 8, 2011 H. If the building or structure to be demolished contains any dwelling units, state whether any of the dwelling units are presently occupied; and I. State the proposed use of the premises following demolition. If new construction is proposed following demolition, state the anticipated start date and whether any development applications have been submitted to and/or approved by the City. 18.64.030: FEES AND SIGNATURE—BOND: A. Signature: The permit application shall be signed by the party or the party's authorized agent requesting the permit. A signature on the permit application constitutes a certification by the signee that the information contained in the application is true and correct. B. Demolition Permit Application Fee: The fee for a demolition permit application shall be based on the building floor area shown on the Salt Lake City Consolidated Fee Schedule. C. Inspection Fee: An additional fee for the cost of inspecting the property to determine compliance with the requirements of this chapter and to assure the property is kept free of weeds and junk materials shall be collected in the amount shown on the Salt Lake City Consolidated Fee Schedule. D. Bond: A bond in an amount sufficient to ensure abatement of potential impacts to public health and safety and long-term environmental impacts, general clean-up of the demolition site, and installation of landscaping, if required under this Chapter, shall be required prior to issuance of a demolition permit. 1. The amount of the bond shall be determined by the building official as sufficient to cover the cost of the proposed demolition and installation of landscaping, if DISCUSSION DRAFT - DECEMBER 10, 2010 ,, sk required by this chapter. 2. The form of the bond shall be approved by the City Attorney or designee. 3. If the applicant fails to comply with provisions of the demolition permit and the City has unreimbursed costs resulting from such failure,the City may call on the bond for reimbursement. If the amount of the bond exceeds such costs, the remainder shall be released to the applicant. If the amount of the bond is less than the cost incurred by the City, the applicant shall be liable to the City for the difference. The building official may require readjustment of bond amount if the scope of work changes after demolition work has begun. 4. Bonding shall remain in place until all required work is complete and the final inspection has been approved. 18.64.040: ISSUANCE OF DEMOLITION PERMIT: A. A demolition permit shall be issued only upon compliance with Subsection B of this section, if applicable, and if: 1. A building permit for a use replacing the demolished building or structure has been approved and issued by the building services and licensing division; or 2. The chief building official or fire marshal orders immediate demolition because the premises have been damaged beyond repair because of a natural disaster, fire, or other similar event; or because immediate demolition and clearing of land is necessary to remove hazardous or blighting conditions. a. Landscaping shall be installed on the site as provided in Section 21 A.48.100D2 of this code within thirty (30) days after demolition authorized Ai* DISCUSSION DRAFT - DECEMBER 8, 2011 under this Subsection A2 is completed, unless a building permit has been issued for one (1) or more new buildings or structures located on the same site as the demolished building or structure. i. Subsection 18.64.040A2a shall apply regardless of any contrary provision in Title 21A of this code. ii. Timely and proper installation and maintenance of landscaping shall be assured by a bond filed with the City as provided in Section 18.64.030D of this chapter. b. Notwithstanding the foregoing Subsection A2a, installation of landscaping may be delayed due to weather conditions so long as landscaping is completed within six (6)months after demolition and the property owner escrows funds sufficient to assure installation of landscaping as reasonably determined by the building services and licensing division. B. 1. If one (1) or more dwelling units located in a residential zone, whether or not occupied, will be removed under a demolition permit, a housing mitigation plan shall be prepared and acted upon as set forth in Chapter 18.97 of this title prior to issuance of the permit. 2. If proposed demolition involves a landmark site, a contributing structure, or a structure located in a historic preservation overlay district, as provided in Subsection 21 A.34.020 of this code, or its successor, a demolition permit shall be issued only upon compliance with applicable provisions of that subsection or its successor. 18.64.045: DEMOLITION BY NEGLECT: DISCUSSION DRAFT - DECEMBER 10, 2010 ,,w, It shall be unlawful for a property owner to neglect a building or structure to the point that the building or structure fails to conform with the standards set forth in Sections 18.50.140 to 18.50.230 of this title. Such neglect of a building or structure shall be a class B misdemeanor. Each day a violation occurs shall be a separate offense. 18.64.050: RESIDENTIAL DEMOLITION PROVISIONS: If the structure for which a demolition permit is sought contains one (1) or more dwelling units, whether or not occupied, the building official shall consider the impact of the requested demolition on the housing stock of Salt Lake City pursuant to the following provisions, unless the proposed demolition is conducted for health and safety reasons as provided in Subsection 18.64.040A2 of this chapter. In such event, this section shall not apply. A. Impact Determination Standards: The building official, within ten (10) days after /omit receipt of a demolition permit application, shall determine whether the requested demolition will result in: 1. Construction of one (1) or more residential units with a net loss of one (1) or more dwelling units; or 2. No net loss of dwelling units will occur due to the anticipated construction of new dwelling units pursuant to an approved and issued building permit for the premises where the demolition will occur. B. No Impact Permit: If Subsection A2 of this section applies, the building official shall issue a finding of no residential impact and the demolition permit may be issued. C. Impact Finding: If Subsection Al of this section applies, the building official shall issue a finding of residential impact. AN* DISCUSSION DRAFT - DECEMBER 8, 2011 D. Impact Notice: Upon making a finding of residential impact, the building official shall mail written notice to the owners and residents of property located within six hundred feet (600') from the property line of the lot where the proposed demolition work will take place as shown on the last equalized property tax assessment roll. Notice shall also be mailed to any affected neighborhood-based organization recognized pursuant to Subsection 2.60.020C of this code. The notice shall specify: 1. The property proposed for demolition; 2. The proposed replacement use; 3. The proposed housing mitigation plan; 4. The basis for the finding of residential impact; and 5. The date and time of a hearing before the Housing Advisory and Appeals Board (HAAB). E. HAAB Impact Hearing: 1. To allow time for effective consideration by the notified parties, the hearing before the HAAB shall take place not less than thirty (30) days after the finding of residential impact issued by the building official and not more than sixty (60) days after the finding. 2. The HAAB shall take evidence from the applicant and all interested parties regarding: a. The effect of the proposed demolition and replacement use plan on: i. The City's housing stock, ii. The City's employment and economic base, DISCUSSION DRAFT - DECEMBER 10, 2010 iii. The character of the neighborhood where the subject property is located, iv. The City's master plans for the area, v. The City's adopted housing policy, and vi. Any other policy adopted by the City which applies to the subject property. b. The cost and economic practicality of repairing or remodeling the structure proposed for demolition to comply with zoning requirements and with building and housing codes; and c. The proposed method of housing mitigation, including the factual basis upon which the housing mitigation plan is premised and justified. — 3. The HAAB may encourage an applicant to work with the City and interested parties to repair, remodel,preserve, or increase the City's housing stock. 4. The HAAB shall issue its decision not more than ten (10) days after the hearing. F. HAAB Decision: 1. Notwithstanding the acceptability of a housing mitigation plan, the HAAB may order that a demolition permit not be issued for an additional period not to exceed six (6) months to allow the City and interested parties time to make further attempts to preserve the housing stock if the HAAB finds: a. The proposed demolition and replacement use plan are likely to adversely impact: 0040, DISCUSSION DRAFT - DECEMBER 8, 2011 i. The City's housing stock and character of the neighborhood; and ii. Which is not outweighed by any positive effects on the City's economic and employment base; and b. The structure proposed for demolition is economically practical to repair or remodel to comply with zoning requirements and building and housing codes. 2. After any additional time period ordered by the HAAB has expired, the requested permit shall be immediately issued subject to compliance with the housing mitigation plan. 3. If the HAAB does not make the findings required by this Subsection F, the demolition permit shall be issued ten(10) days after the HAAB's decision. G. Appeal Of HAAB Decision: 1. The applicant or any person or entity required to be notified of the demolition pursuant to Subsection D of this section, if aggrieved by the HAAB decision, may appeal to the Mayor by filing a written notice specifying the grounds for such an appeal within ten (10) days of the HAAB decision. 2. Any other party identified in Subsection Gl of this section may respond to the appeal in writing within ten (10) days of the appeal. 3. The Mayor or the Mayor's designee shall consider the appeal on the written record and shall issue a decision within ten(10) days of the close of any written submissions. Such decision shall be based on the criteria set forth in Subsection F of this section. A decision by the Mayor or the Mayor's designee may be appealed within ten DISCUSSION DRAFT - DECEMBER 10, 2010 (10) days to a court of competent jurisdiction. 18.64.070: PREDEMOLITION SALVAGE PERMITS: A. If the City has approved a building permit for new construction on the premises following demolition, a predemolition salvage permit may be issued for other than structural demolition. Such permit shall be required for the removal of doors, windows, special glass, fixtures, fittings, pipes, railings, posts,panels, boards, lumber, stones, bricks, marble, or similar materials on the exterior or interior of any building. A predemolition salvage permit may not be issued for any property for which the City has not approved a building permit for new construction on the premises following demolition. B. A predemolition salvage permit fee shall be as shown on the Salt Lake City consolidated fee schedule. oraik 18.64.080: EXPIRATION—DILIGENCE: A. A demolition permit shall expire forty-five (45) calendar days from the date of issuance, unless a completion date allowing more time is requested and approved by the building official at the time of application. A demolition permit may be renewed upon request prior to expiration with approval of the building official for one-half(1/2) of the original permit fee, provided continuous progress is being made. If a permit is allowed to expire without prior renewal, any subsequent request for reinstatement shall be accompanied by a reinstatement fee equal to the original demolition permit fee. B. Once demolition has begun pursuant to a demolition permit,the permit holder shall diligently pursue completion of the work authorized thereunder. If such work is not diligently pursued the City may declare the bond required under Section 18.64.030D to be forfeited and DISCUSSION DRAFT - DECEMBER 8, 2011 may use the proceeds to finish demolition as provided in such section. 18.64.090: QUALIFICATIONS TO DO WORK: It shall be unlawful for demolition work permitted under this chapter to be performed except by: A. A general contractor or subcontractor currently holding a license in good standing with the state of Utah to do wrecking and/or demolition work. B. A licensed general contractor currently holding a license in good standing with the state of Utah qualified as a general contractor, but only when the demolition is incidental and supplemental to the construction by the general contractor of a new structure on the demolition site. C. Salvage work under a predemolition salvage permit may be done without a contractor's license provided all other conditions of this chapter are met. 18.64.100: DEMOLITION REQUIREMENTS: A. Prior to the commencement of any demolition or moving, the permittee shall plug all sewer laterals at or near sidewalk lines as staked out by the department of public utilities. No excavation shall be covered until such plugging is approved by the department or by the building official. The permittee shall further ensure all utility services to the structure and/or premises have been shut off and meters removed prior to commencement of demolition work. B. When the applicant indicates the demolition will require more than thirty (30) days to complete, and where required by the building official for the safety of the public, the applicant shall also provide plans to fence the demolition site so that it is inaccessible to unauthorized persons in a manner acceptable to the building official. The building official may waive the DISCUSSION DRAFT - DECEMBER 10, 2010 fencing requirement if it is determined that fencing would be inappropriate or unnecessary to protect safety or health. C. A permit for demolition requires that all materials comprising part of the existing structure(s), including the foundation and footings, be removed from the site. The depression caused by the removal of such debris must be filled back and compacted to the original grade, as approved by the building official, with fill material excluding detrimental amounts of organic material or large dimension nonorganic material. D. Permitted demolition work, including filling and leveling back to grade and removal of required pedestrian walkways and fences, must be completed within the permit period unless the building official finds that any part of the foundation of building or site will form an integral part of a new structure to be erected on the same site for which plans have already been approved OM* by the building division. In such event, the building official may approve plans for appropriate adjustments to the completion time and may impose reasonable conditions including the posting of a bond, erection of fences, securing, or similar preventions to ensure the site does not create a hazard after the demolition is completed. 18.64.110: RELATIONSHIP TO OTHER ORDINANCE: Provisions of this chapter shall be subordinate to any contrary specific provisions of Chapter 21A.34 of this code, dealing with demolition in historic districts, or its successor chapter. Chapter 18.97 MITIGATION OF RESIDENTIAL HOUSING LOSS 18.97.010: PURPOSE: Amik DISCUSSION DRAFT- DECEMBER 8, 2011 The City has experienced a loss of important affordable housing stock, particularly in its central City and Capitol Hill areas due to commercial expansion. It is the objective of the city to mitigate the adverse impacts of such losses with due consideration for vested or protected property rights. 18.97.020: HOUSING MITIGATION CONDITION PRECEDENT TO DEMOLITION OF RESIDENTIAL UNITS: A. Housing Mitigation Plan: Any application for a demolition permit which, if issued, will result in a loss of one (1) or more residential units located in a residential zone; any petition for a conditional use permit to authorize or expand vehicle parking in a residential or mixed-use zone; and any petition for a zoning change that would permit a nonresidential use of land, that includes within its boundaries residential dwelling units,may not be approved until a housing mitigation plan shall have been approved by the City. The housing mitigation plan shall be proposed and submitted to the City's Planning Director and the Director of Community and Economic Development and shall be accompanied by a housing impact statement. B. Housing Impact Statement: The housing impact statement shall: 1. Identify the essential adverse impacts on the residential character of the area subject of the petition; 2. Identify by address any dwelling units targeted for demolition, following the granting of the petition; 3. Separately for each dwelling unit targeted for demolition, state its current fair market value, if that unit were in a reasonable state of repair and met all applicable building, fire and health codes; DISCUSSION DRAFT - DECEMBER 10, 2010 4. State the number of square feet of land zoned for residential use that would be rezoned or conditionally permitted to be used for purposes sought in the petition, other than residential housing and appurtenant uses; and 5. Specify a mitigation plan to address the loss of residential zoned land, residential units or residential character. 18.97.030: OPTIONS FOR MITIGATING RESIDENTIAL LOSS: Petitioners subject to the requirements of this chapter may satisfy the need for mitigation of any residential housing unit losses by any one of the following three (3) methods: A. Replacement Housing: The petitioner may agree, in a legal form satisfactory to the City attorney, to construct the same number of residential dwelling units proposed for demolition, within: Amok 1. The City municipal council district in which the land subject of the petition is located; or 2. An adjoining council district, if the mitigation site is within a one mile radius of the demolition site. 3. Any such agreement shall include adequate security to guarantee completion, within two (2) years of the granting of any rezoning or conditional use permit. B. Fee Based On Difference Between Housing Value And Replacement Cost: The petitioner may pay to the City housing trust fund the difference between the fair market value of the housing units planned to be eliminated or demolished and the replacement cost of building new units of similar square footage and meeting all existing building, fire and other applicable law, excluding land values. DISCUSSION DRAFT - DECEMBER 8, 2011 C. Fee, Where Deteriorated Housing Exists,Not Caused By Deliberate Indifference Of Landowner: 1. Request By Petitioner For Flat Fee Consideration: In the event that a residential dwelling unit is targeted or proposed for demolition and is in a deteriorated state from natural causes, such as fire, earthquake or aged obsolescence that is not occasioned by the deliberate acts or omissions to act on the part of the petitioner or his predecessors in interest, which detrimental condition reduces a dwelling unit's fair market value or habitability as a residential dwelling unit,the petitioner may request an exemption from the above two (2) methods of mitigation from the director of the City's Department of Community and Economic Development, as provided below. A judgment as to whether deterioration has occurred as the result of deliberate indifference shall be based on a preponderance of evidence. 2. Required Facts Of Natural Deterioration/Increase Fair Market Value Of Units To Be Demolished: The petitioner may submit to the director of the City's Department of Community and Economic Development every fact known to support the proposition that the residential dwelling units were not purposely allowed to deteriorate by lack of reasonable maintenance, ordinary and prudent repairs, or other acts or omissions to act. The value of the unit(s) targeted or proposed for demolition may be increased to the fair market value that the units would have, if each unit was in a state of habitability and minimally meeting applicable building codes and other applicable law, excluding land value. This enhanced value will then be applied in thus computing any housing mitigation payment provided in Subsection B of this section. DISCUSSION DRAFT - DECEMBER 10, 2010 3. Flat Fee Mitigation Payment: In the event that the petitioner actually and reasonably demonstrates to the City's Director of Community and Economic Development that the costs of calculating and analyzing the various methods of mitigation are unreasonably excessive in relationship to the rough estimated costs of constitutionally permitted mitigation, the department director may recommend to the City Council that a flat rate be paid by the petitioner to the City's housing trust fund. This flat rate shall be a sum not in excess of three thousand three hundred twenty two dollars twenty cents ($3,322.20)per dwelling unit to be demolished. The three thousand three hundred twenty two dollars twenty cent($3,322.20) flat fee shall be adjusted for inflation as of January 1 of each calendar year following the initial adoption hereof, based on the consumer price index for the previous twelve (12) months, or three percent (3%), Amok whichever result is less. 18.97.040: HOUSING MITIGATION JUSTIFICATION TO COUNCIL: A. Report To City Before Rezoning Hearings: The director of the Department of Community and Economic Development shall prepare a report justifying the method of housing mitigation recommended by the director, including the factual basis upon which it is premised and a factually based justification for the recommendation. This report shall be submitted to the Planning Commission in sufficient time for its deliberation concerning the advisability of effectuating the petitioner's request for a zoning change. The petitioner may, likewise, submit its proposal and the factual and legal justification for mitigation, if any, or why the director's recommendations are appropriate or should be modified. The commission shall include in its evaluation an evaluation of the adequacy of the housing loss mitigation plan, proposed by the ,, DISCUSSION DRAFT- DECEMBER 8, 2011 petitioner and that recommended by director of the department of community and economic development. B. Report To Planning Director On Conditional Use Permit Petitions: In the event of a conditional use permit, said report shall be submitted to the City's Planning Director. The report shall be duly evaluated, considered and included in the decision regarding any conditional use permit. The Planning Director shall memorialize, in writing, the factual basis supporting any decision dealing with the housing mitigation component of any such conditional use permit and include this finding and evaluation in the file for due consideration should there be an appeal relating thereto. C. Report to Housing Advisory and Appeals Board: A housing mitigation plan required under Chapter 18.64 (Demolition) of this title shall be considered by the Housing Advisory and Appeals Board as provided in such chapter. The director of the Department of Community and Economic Development shall prepare a report justifying the method of housing mitigation recommended by the director, including the factual basis upon which it is premised and a factually based justification for the recommendation. This report shall be submitted to the Housing Advisory and Appeals Board in sufficient time for its deliberation concerning the advisability of effectuating the petitioner's request for a demolition permit. The petitioner may, likewise, submit its proposal and the factual and legal justification for mitigation. if any, or why the director's recommendations are appropriate or should be modified. The board shall include in its evaluation an evaluation of the adequacy of the housing loss mitigation plan, proposed by the petitioner and that recommended by director of the Department of Community and Economic Development. DISCUSSION DRAFT - DECEMBER 10, 2010 18.97.050: NATURE AND REVIEW OF ALLEGED UNCONSTITUTIONAL OR ILLEGAL HOUSING LOSS MITIGATION: Should any petitioner or other person, corporation or entity claim that this chapter or any application of it is illegal, unconstitutional or may constitute or effectuate an unconstitutional taking of property without appropriate compensation, either per se or as applied, the City shall be notified as soon as practicable and the provisions of Title 2, Chapter 2.66 (Constitutional Takings) of this code complied with, regarding each such claim. DISCUSSION DRAFT - DECEMBER 8, 2011 Chapter 18.64 DEMOLITION 18.64.050: PURPOSE AND INTENT: A. The purpose of the provisions in this Chapter is to: 1. Promote the public welfare by maintaining the integrity and continuity of the urban fabric and economic vitality; 2. Provide an orderly and predictable process for demolition of buildings and structures; 3. Ensure demolition occurs safely; 4. Protect utilities and other infrastructure from damage during demolition; 5. Provide for enforcement of timely completion of demolition and for improvement of property following demolition to ensure the site is not detrimental to the use and enjoyment of surrounding property; 6. Provide for enforcement and maintenance of property to avoid purposeful demolition by neglect; and 7. Encourage preservation of the City's housing stock. B. A primary intent of the City Council with respect to this Chapter is to avoid demolition, or partial demolition, of buildings in a manner that disrupts the character and development pattern of established neighborhood and business areas. Accordingly, the Council finds that it is in the public interest to: 1. Require existing buildings to be maintained in a habitable condition until replaced by new construction; DISCUSSION DRAFT - DECEMBER 10, 2010 , ,,, 2. Avoid demolition of existing structures until a building permit is issued for new construction: and 3. Avoid creation of vacant demolition sites with minimal or no landscaping or other improvements. 18.64.010: PERMIT REQUIRED: It is unlawful to demolish any building or structure in the eityCity, or cause the same to be demolished, without first obtaining a permit for demolition of each such building or structure from the cityCity building official as provided in this chapter. 18.64.020: APPLICATION FOR PERMIT: To obtain a permit for demolition, an applicant nutstshall submit an application in writing on a form furnished by the building official for that purpose. Each application shall: Ask A. Identify and describe the type of work to be performed under the permit; B. State the address of the structure or building to be demolished; C. Describe the building or structure to be demolished including the type of use, type of building construction, size and square footage, number of stories,and number of residential dwelling units (if applicabloanv); D. Indicate the method and location of demolished material disposal; E. Identify the approximate date of commencement and completion of demolition; F. Indicate if fences, barricades, scaffolds or other protections are required by any cityCity code for the demolition and, if so, their proposed location and compliance; G. State whether fill material will be required to restore the site to level grade after demolition and, if required, the approximate amount of fill material; Amok DISCUSSION DRAFT - DECEMBER 8, 2011 H. If the building or structure to be demolished contains any dwelling units, the estate whether any of the dwelling units are presently occupied.; and 18.6'1.030: FEES AND SIGNATURE: I. State the proposed use of the premises following demolition. if new construction is proposed following demolition, state the anticipated start date and whether any development applications have been submitted to and/or approved by the City. 18.64.030: FEES AND SIGNATURE—BOND: A. Signature: The permit application shall be signed by the party or the party's authorized agent requesting the permit. SignatureA signature on the permit application constitutes a certification by the signee that the information contained in the application is true and correct. B. Demolition Permit Application Fee: The fee for a demolition permit application shall be based on the building floor area shown on the Salt Lake City Consolidated Fee Schedule. C. Wa-iverinspection Fee: Landscaping waiver requestsAn additional fee for the cost of inspecting the property to determine compliance with the requirements of this chapter and to assure the property is kept free of weeds and junk materials shall also paybe collected in the feeamount shown on the Salt Lake City Consolidated Fee Schedule for the cost of the landscape waiver process. . D. Inspection 'ee: If Bond: A bond in an amount sufficient to ensure abatement of potential impacts to public health and safety and long-term environmental impacts, general clean-up of the demolition site, and installation of landscaping is not, if required under this DISCUSSION DRAFT - DECEMBER 10, 2010 Chapter, shall be required prior to issuance of a demolition permit. 1. The amount of the bond shall be determined by the zoning ordinance, or if a building official as sufficient to cover the cost of the proposed demolition and installation of landscaping , if required by this chapter, gait' ' f _ 2. The form of the bond shall be approved by the City Attorney or designee. 3. If the applicant fails to comply with provisions of the demolition permit and the City has unreimbursed costs resulting from such failure, the City may call on the Salt , the fee paid under this subsection shall be refundedbond for reimbursement. If the nvdrs amount of the bond exceeds such costs, the remainder shall be released to the applicant. If the amount of the bond is less than the cost incurred by the City, the applicant shall be liable to the City for the difference. The building official may require readjustment of bond amount if the scope of work changes after demolition work has begun. 4. Bonding shall remain in place until all required work is complete and the final inspection has been approved. 18.64.040: POSTDEMOLITION USE nr AN 7?T.,QUIRE.DISSUANCE OF DEMOLITION PERMIT: NeA. A demolition permit shall be issueduntil f t'' f ll nts h s been metonly upon compliance with Subsection B of this section, if applicable, and if: 1_A building permit for thea use replacing the demolished building or DISCUSSION DRAFT - DECEMBER 8, 2011 structure has been approved and issued by the building services and housinglicensing division,. or B. A landscaping plan for the site, showing the sprinkling system and planted areas. has 2. The chief building official or fire marshal orders immediate demolition because thepremises have been acceptable to the city. In the event the building official determines that landscaping is , b 18.64.070 of this chapter. C. In the eventdamaged beyond repair because of a natural disaster, fire,or other similar event;.or.,because immediate demolition and clearing of the land is necessary to remove hazardous or blighting conditions, • and order immediate demolition.. D. For pa els i n the D ' , a permit for the use replacing. a. Landscaping shall he installed on the site as provided in Section 1 A.48.100D2 of this code within thirty (30) days after demolition authorized under this Subsection A2 is completed, unless a building permit has been issued for one (1) or more new buildings or structures located on the same site as the demolished building or structure has been issued by building services and DISCUSSION DRAFT - DECEMBER 10, 2010 AO% i. Subsection 18.64.040A2a shall apply regardless of any contrary provision in accordance with subsectionTitle 21 A.1 8.100D of this code.-A performance Y1e- d e ,,ure4i1mely J ii. Timely and proper installation and maintenance of the landscaping shall be assured by a bond filed with the cityCity as provided in a form acceptable toSection 18.64.030D of this chapter. b. Notwithstanding the foregoing Subsection A2a, installation of landscaping may be delayed due to weather conditions so long as landscaping is completed within six (6) months after demolition and the property owner escrows funds sufficient to assure installation of landscaping as reasonably determined by the citybuilding services and licensing division. B. 1. If one (1) or more dwelling units located in a residential zone, whether or not occupied, will be removed under a demolition permit, a housing mitigation plan shall be prepared and acted upon as set forth in Chapter 18.97 of this title prior to issuance of the permit. 2. If proposed demolition involves a landmark site, a contributing structure, or a structure located in a historic preservation overlay district, as provided in Subsection 21A.34.020 of this code, or its successor. a demolition permit shall be issued only upon compliance with applicable provisions of that subsection or its successor. 18.64.045: DEMOLITION BY NEGLECT: It shall be unlawful for a property owner to neglect a building or structure to the point that the building or structure fails to conform with the standards set forth in Sections 18.50.140 Agiok DISCUSSION DRAFT - DECEMBER 8, 2011 to 18.50.230 of this title. Such neglect of a building or structure shall he a class B misdemeanor. Each day a violation occurs shall be a separate offense. 18.64.050: RESIDENTIAL DEMOLITION PROVISIONS: If the structure for which a demolition permit is sought contains residentialone (1) or more dwelling units, whether or not occupied, the building official shall consider the impact of the requested demolition permit's impact on the housing stock of Salt Lake City pursuant to the following provisions=, unless the proposed demolition is conducted for health and safety reasons as provided in Subsection 18.64.040A2 of this chapter. In such event, this section shall not apply. A. Impact Determination Standards: The building official, within ten (10) days of the after receipt of a demolition permit application, shall determine whether the requested demolition pennit and the-post a 'it ' will result in: 1. Construction of a-one (1) or more residential unit or units with a net loss of one (1) or more than five (5)dwelling units; or 2. ConstructionNo net loss of,-vacant-'et;- landscaped lot or parking lotdwelling units will occur due to the anticipated construction of new dwelling units pursuant to an approved and issued building permit for the premises where the demolition will occur. B. No Impact Permit: If subsection ASubsection A2 of this section are ret,applies, the building official shall issue a findinu? of no residential impact and the demolition permit shaIliay be issued. C. Impact Finding: If the building official finds one of the criteria in subsection ASubsection Al of this section applies, the building official shall issue a finding of residential impact. DISCUSSION DRAFT - DECEMBER 10, 2010 . , D. Impact Notice: Upon making a finding of residential impact, the building official shall mail a-written notice to the owners and residents of propertiesproperty located within a-six hundred footfeet(600') radius from the property line of the property on whichlot where the proposed demolition work will take place as shown on the last equalized property tax assessment roll. Notice shall also be mailed to any affected neighborhood:based organization recognized pursuant to subseetionSubsection 2.60.020C of this code. The notice shall specify: 1. The property proposed for demolition; 2. The proposed pestdemelitiefireplacement use;. 3. The proposed housing mitigation plan; 34. The basis for the finding of residential impact; and 45. The date and time of a hearing before the housing advisoryHousing Advisory and appeals -Appeals Board(HAAB). E. HAAB Impact Hearing: 1. To allow time for effective consideration by the notified parties, the hearing before the HAAB shall take place not less than thirty(30) days after the finding of residential impact issued by the building official and not more than sixty (60) days after the finding. 2. The HAAB shall take evidence from the applicant and all interested parties regarding: a. Rega gThe effect of the proposed demolition and postdemolitionreplacement use plan's effect plan on: i. The city'sCity's housing stock, DISCUSSION DRAFT - DECEMBER 8, 2011 ii. The City's employment and economic base, iii. The character of the neighborhood where the subject property is located, iv. The city'sCity's master plans for the area, v. The city'sCity's adopted housing policy;,and vi. Any other policy adopted by the City which applies to the subject property. b. Regarding the The cost and economic practicality of repairing or remodeling the structure proposed for demolition to comply with zoning requirements and with building and housing codes—; and c. The proposed method of housing mitigation, including the factual basis upon which the housing mitigation plan is premised and justified. 3. The HAAB may encourage than applicant to work with the cityCity and interested parties to repair, remodel, preserve,or increase the city'sCity's housing stock. 4. The HAAB shall issue its decision not more than ten (10) days after the hearing. F. HAAB Decision: 1. I-f-Notwithstanding the acceptability of a housing mitigation plan. the HAAB may order that a demolition permit not be issued for an additional period not to exceed six (6) months to allow the City and interested parties time to make further attempts to preserve the housing stock if the HAAB finds: a. The proposed demolition and postdefaelitiartreplacement use plan has-a DISCUSSION DRAFT - DECEMBER 10, 2010 significant adverseare likely to adversely impact on the city's: i. The City's housing stock and the-character of the neighborhood; and bii. Which is not outweighed by any positive effects on the city'sCity's economic and employment base; and c. That it b. The structure proposed for demolition is economically practical to repair or remodel the-st uctu eroposed for demolillit==to comply with zoning requirements and building and housing codes, HAAB may order that (90)days to allow the city and interested parties time to make further attempts to preserve the housing stock. . ''" 2. After many additional time period ordered by the HAAB has expired, the requested permit shall be immediately issued subject to compliance with the housing mitigation plan. 23. If the HAAB does not make the findings required by this s���ionSubsection F, the demolition permit shall be issued ten (10) days after the HAAB's decision. G. Appeal Of HAAB Decision: 1. The applicant or any person or entity required to be notified of the demolition pursuant to subsectionSubsection D of this section, if aggrieved by the HAAB decision, may appeal to the mayorMayor by filing a written notice specifying the grounds for such an appeal within ten(10) days of the HAAB decision. DISCUSSION DRAFT - DECEMBER 8, 2011 2. Any other party identified in:;ubsectionSubsection G1 of this section may respond to the appeal in writing within ten (10) days of the appeal. 3. The rnayorMayor or the mayor'sMavor's designee shall consider the appeal on the written record and shall issue a decision within ten(10)days of the close of any written submissions. 14 6� n7n. POSTDE il17 TTION USE D7 A N VV A IVE 7)A!1! �`7 URE v v-r �,rv—rvm�'vz�rrrr,�'r'ri-rrrr-c'c� -r"o�[r r r rrr^"c�rcrrcv c-nv"a�czT A. If a waiver of the postdenlolition use plan is sought under subsection 1,8.6'1.010E of . B. The building official shall mail a written notice to the owners and residents of properties within a six h ' bonsint als board. C. The cl,uir the housing up��,i this ch t' e t„o (2) he combined,Such decision shall be ii.� �.air DISCUSSION DRAFT - DECEMBER 10, 2010 — board may consic , inas+ .+ t f tt, f + plans er the properf�y rt s .,;tar factor <LCY Cllllr J�„ E. 1. The applicant, or any person or entity required to be notified of the demolition purs,ant to subsection Bbased on the criteria set forth in Subsection F of this section,i-f aggrieved by the HAAB decision, may specifying the grounds for such an appeal. A decision by the Mayor or the Mayor's designee may be appealed within ten(10) days of the HAAB decisionto a court of competent jurisdiction. appeal ifi-writing within ten (10) days of the appeal. '°" 18.64.1)80070: PREDEMOLITION SALVAGE PERMITS: A. A-If the City has approved a building permit for new construction on the premises following demolition, a predemolition salvage permit may be issued for other than structural demolition. Such permit shall be required for the removal of doors, windows, special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials on the exterior or interior of the buildingany building. A predemolition salvage permit may not be issued for any property for which the City has not approved a building permit for new construction on the premises following demolition. B. A predemolition salvage permit fee shall be as shown on the Salt Lake City Amok DISCUSSION DRAFT - DECEMBER 8, 2011 consolidated fee schedule. 18.64.090080: EXPIRATION—DILIGENCE: Permits A. A demolition permit shall expire forty-five (45) calendar days from the date of issuance, unless a completion date allowing more time is requested and approved by the building official at the time of application. Demolition permit:A demolition permit may be renewablerenewed upon request prior to expiration with approval of the building official for one- half(1/2) of the original permit fee, provided continuous progress is being made. If a permit is allowed to expire without the prior renewal, any subsequent request for reinstatement shall be accompanied by a reinstatement fee equal to the original demolition permit fee. 18.64:1110 B. Once demolition has begun pursuant to a demolition permit, the permit holder shall diligently pursue completion of the work authorized thereunder. If such work is not diligently pursued the City may declare the bond required under Section 18.64.030D to be forfeited and may use the proceeds to finish demolition as provided in such section. 18.64.090: QUALIFICATIONS TO DO WORK: It shall be unlawful for demolition work permitted under this chapter to be performed except by: A. A general contractor or subcontractor currently holding a license in good standing with the state of Utah to do wrecking and/or demolition work. B. A licensed general contractor currently holding a license in good standing with the state of Utah qualified as a general contractor, but only when the demolition is incidental and supplemental to the construction by the general contractor of a new structure on the demolition site. DISCUSSION DRAFT - DECEMBER 10, 2010 * C. Salvage work under a predemolition salvage permit may be done without a contractor's license provided all other conditions of this chapter are met. 18.64. 100: DEMOLITION REQUIREMENTS: A. Prior to the commencement of any demolition or moving, the permittee shall plug all sewer laterals at or near sidewalk lines as staked out by the department of public utilities. No excavation shall be covered until such plugging is approved by the department or by the building official. The permittee shall further ensure all utility services to the structure and/or premises have been shut off and meters removed prior to commencement of demolition work. B. When the applicant indicates the demolition will require more than thirty (30) days to complete, and where required by the building official for the safety of the public, the applicant shall also provide plans to fence the demolition site so that it is inaccessible to unauthorized persons in a manner acceptable to the building official. The building official may waive the fencing requirement if it is determined that fencing would be inappropriate or unnecessary to protect safety or health. unnecessary to protect safety or health. C. A permit for demolition requires that all materials comprising part of the existing structure(s), including the foundation and footings, be removed from the site. The depression caused by the removal of such debris must be filled back and compacted to the original grade, as approved by the building official, with fill material excluding detrimental amounts of organic material or large dimension nonorganic material. D. Permitted demolition work, including filling and leveling back to grade and removal of required pedestrian walkways and fences, must be completed within the permit period unless oimok DISCUSSION DRAFT - DECEMBER 8, 2011 the building official finds that any part of the foundation of building or site will form an integral part of a new structure to be erected on the same site for which plans have already been approved by the building division. In such event,the building official may approve plans for appropriate adjustments to the completion time and may impose reasonable conditions including the posting of a bond, erection of fences, securing, or similar preventions to ensure the site does not create a hazard after the demolition is completed. 18.64.E-20110: RELATIONSHIP TO OTHER ORDINANCE: Provisions of this chapter shall be subordinate to any contrary specific provisions of - Chapter 21A.34 of this code, dealing with demolition in historicalhistoric districts, or theirits successor chapterschapter. Chapter 18.97 MITIGATION OF RESIDENTIAL HOUSING LOSS 18.97.010: PURPOSE: The cityCity has experienced a loss of important affordable housing stock, particularly in its central cityCity and Capitol Hill areas due to commercial expansion. It is the objective of the city to mitigate the adverse impacts of such losses, when zoning changes are sought to accommodate expansion of commercial uses. with due consideration for vested or protected property rights. 18.97.020: HOUSING MITIGATION CONDITION PRECEDENT TO DEMOLITION OF RESIDENTIAL UNITS: DISCUSSION DRAFT - DECEMBER 10, 2010 A. Housing Mitigation Plan: Any application for a demolition permit which, if issued, will result in a loss of one (1) or more residential units located in a residential zone; any petition for a conditional use permit to authorize or expand vehicle parking in a residential zonesor mixed-use zone;and any petition for a zoning change that would permit a nonresidential use of land, that includes within its boundaries residential dwelling units, may not be approved until a housing mitigation plan shall have been approved by the cityCity. The housing mitigation plan shall be proposed and submitted to the city's planning directorCity's Planning Director and the directerDirector of communityCommunity and economic development by the petitioner not less than twenty (20) days prior to final action by the city on such a petitionEconomic Development and shall be accompanied by a housing impact statement. B. Housing Impact Statement: The housing impact statement shall: " 1) identify. Identify the essential adverse impacts on the residential character of the area subject of the petition; 2) identify. Identify by address any dwelling units targeted for demolition, following the granting of the petition; 3) separately 3. Separately for each dwelling unit targeted for demolition, state its current fair market value, if that unit were in a reasonable state of repair and met all applicable building. fire and health codes; 4)-state. State the number of square feet of land zoned for residential use that would be rezoned or conditionally permitted to be used for purposes sought in the petition, other than residential housing and appurtenant uses; and 5) specify. Specify a mitigation plan to address the loss of residential zoned land, DISCUSSION DRAFT- DECEMBER 8, 2011 residential units or residential character. 18.97.030: OPTIONS FOR MITIGATING RESIDENTIAL LOSS: Petitioners subject to the requirements of this chapter may satisfy the need for mitigation of any residential housing unit losses by any one of the following three (3) methods: A. Replacement Housing: The petitioner may agree, in a legal form satisfactory to the oftyCity attorney, to construct the same number of residential dwelling units proposed for demolition, within: 1)the city. The City municipal council district in which the land subject of the petition is located; or 2)-an. An adjoining council district, if the mitigation site is within a one mile radius of the demolition site. 3. Any such agreement shall include adequate security to guarantee completion, within two (2) years of the granting of any rezoning or conditional use permit. B. Fee Based On Difference Between Housing Value And Replacement Cost: The petitioner may pay to the cityCity housing trust fund the difference between the fair market value of the housing units planned to be eliminated or demolished and the replacement cost of building new units of similar square footage and meeting all existing building, fire and other applicable law, excluding land values. C. Fee, Where Deteriorated Housing Exists,Not Caused By Deliberate Indifference Of Landowner: 1. Request By Petitioner For Flat Fee Consideration: In the event that a residential dwelling unit is targeted or proposed for demolition and is in a deteriorated state from DISCUSSION DRAFT - DECEMBER 10, 2010 Amok natural causes, such as fire, earthquake or aged obsolescence that is not occasioned by the deliberate acts or omissions to act on the part of the petitioner or his predecessors in interest, which detrimental condition reduces a dwelling unit's fair market value or habitability as a residential dwelling unit,the petitioner may request an exemption from the above two (2) methods of mitigation from the director of the city's depftment of eammunity-and-econefflie-clevelopment7-as-provided-belowCity's Department of Community and Economic Development, as provided below. A judgment as to whether deterioration has occurred as the result of deliberate indifference shall be based on a preponderance of evidence. 2. Required Facts Of Natural Deterioration?/Increase Fair Market Value Of Units To Be Demolished: The petitioner may submit to the director of the city's departmentCity's Department of communityCommunity and economic developmentEconomic Development every fact known to support the proposition that the residential dwelling units were not purposely allowed to deteriorate by lack of reasonable maintenance, ordinary and prudent repairs,or other acts or omissions to act. The value of the unit(s) targeted or proposed for demolition may be increased to the fair market value that the units would have, if each unit was in a state of habitability and minimally meeting applicable building codes and other applicable law, excluding land value. This enhanced value will then be applied in thus computing any housing mitigation payment provided in subseetionSubsection B of this section. 3. Flat Fee Mitigation Payment: In the event that the petitioner actually and reasonably demonstrates to the city's directorCity's Director of communityCommunity .ter►.. DISCUSSION DRAFT - DECEMBER 8, 2011 and economic developmentEconomic Development that the costs of calculating and analyzing the various methods of mitigation are unreasonably excessive in relationship to the rough estimated costs of constitutionally permitted mitigation, the department director may recommend to the city councilCity Council that a flat rate be paid by the petitioner to the city'sCity's housing trust fund. This flat rate shall be a sum not in excess of three thousand three hundred twenty two dollars twenty cents ($3,322.20) per dwelling unit to be demolished. The three thousand three hundred twenty two dollars twenty cent ($3,322.20) flat fee shall be adjusted for inflation as of January 1 of each calendar year following the initial adoption hereof, based on the consumer price index for the previous twelve (12) months, or three percent (3%), whichever result is less. 18.97.040: HOUSING MITIGATION JUSTIFICATION TO COUNCIL: A. Report To City Before Rezoning Hearings: The director of the departmentDepartment of eommuffityCommunity and economic developmentEconomic Development shall prepare a report justifying the method of housing mitigation recommended by the director, including the factual basis upon which it is premised and a factually based justification for the recommendation. This report willshall be submitted to the planning and zoning cornini-ssionPlanning Commission in sufficient time for its deliberation concerning the advisability of effectuating the petitioner's request for a zoning change. The petitioner may, likewise, submit its proposal and the factual and legal justification for mitigation, if any, or why the director's recommendations are appropriate or should be modified. The commission will-shall include in its evaluation an evaluation of the adequacy of the housing loss mitigation plan, proposed by the petitioner and that recommended by director of the department of community DISCUSSION DRAFT - DECEMBER 10, 2010 ,.r, and economic development. B. Report To Planning Director On Conditional Use Permit Petitions: In the event of a conditional use permit, said report wil-lshall be submitted to the city's planning director.City's Planning Director. The report willshall be duly evaluated, considered and included in the decision regarding any conditional use permit. The planning director willPlanning Director shall memorialize, in writing, the factual basis supporting any decision dealing with the housing mitigation component of any such conditional use permit and include this finding and evaluation in the file for due consideration should there be an appeal relating thereto. C. Report to Housing Advisory and Appeals Board: A housing mitigation plan required under Chapter 18.64 (Demolition) of this title shall be considered by the Housing Advisory and Appeals Board as provided in such chapter. The director of the Department of Community and Economic Development shall prepare a report justifying the method of housing mitigation recommended by the director, including the factual basis upon which it is premised and a factually based justification for the recommendation. This report shall be submitted to the Housing Advisory and Appeals Board in sufficient time for its deliberation concerning the advisability of effectuating the petitioner's request for a demolition permit. The petitioner may. likewise, submit its proposal and the factual and legal justification for mitigation. if any. or why the director's recommendations are appropriate or should be modified. The board shall include in its evaluation an evaluation of the adequacy of the housing loss mitigation plan, proposed by the petitioner and that recommended by director of the Department of Community and Economic Development. 18.97.050: NATURE AND REVIEW OF ALLEGED UNCONSTITUTIONAL OR egisok DISCUSSION DRAFT - DECEMBER 8, 2011 ILLEGAL HOUSING LOSS MITIGATION: Should any petitioner or other person, corporation or entity claim that this chapter or any application of it is illegal, unconstitutional or may constitute or effectuate an unconstitutional taking of property without appropriate compensation, either per se or as applied, the cityCity shall be notified as soon as practicable and the provisions of titleTitle 2, ellaptefChapter 2.66 (Constitutional Takings) of this code complied with, regarding each such claim. Item A- 7 Please refer to Item A- 14 from 12/06/2011 MEMORANDUM lif DATE: December 8,2011 TO: City Council Members FROM: Russell Weeks RE: Proposed Zoning Ordinance Amendments Pertaining to Billboards and Electric Signs CC: Cindy Gust-Jenson,David Everitt,Ed Rutan,Frank Gray,Neil Lindberg,Lynn Pace,Paul Nielsen, Mary De La Mare-Schaefer,Wilf Sommerkom,Jennifer Bruno,Cherie Coffee,Doug Dansie,Nick Norris,Janice Jardine,Nick Tarbet This memorandum pertains to proposed amendments to the Salt Lake City Zoning Ordinance (Title 21 A)pertaining to the regulation of billboards and electronic signs.The proposed amendments are the result of two petitions initiated by Mayor Ralph Becker in 2010. The City Council is scheduled to hear a briefing from Mayor Becker's Administration about the proposed amendments at the Council's work session December 13.The work session is scheduled to start at 3 p.m.or immediately after the City Council adjourns its meeting as the Salt Lake City Redevelopment Agency Board of Directors.The work session will be held in Room 326 of the City&County Building, 451 South State Street.The Council also is scheduled to set a January 3,2012,date for a public hearing on the proposed amendments.Generally,the City Council sets dates for public hearings when it adopts the Consent Agenda portion of the Council's formal meeting agenda. One reason for a January 3 public hearing on the proposed amendments is Ordinance No.17 of 2011 that the City Council adopted April 12,2011,contains a section regulating electronic billboards that will go into effect on January 13,2012.The proposed amendments would replace Ordinance No.17.The Council adopted the ordinance April 12,2011,in part to"preserve status quo regarding electronic billboards and signs"while the proposed amendments worked their way through City processes.The processes included receiving recommendations from the Salt Lake City Planning Commission.According to a Planning Commission staff report,if no provisions regulating electronic billboards are adopted,it would leave the door open to convert existing,"static"billboards to electronic billboards"by not providing any prohibition against their conversion or providing any standards to do so."'Ordinance No. 17 prohibits the"construction or reconstruction"of electronic billboards or the"conversion,remodeling, or rehabilitation of any existing billboard to an electronic format.."Z But the section pertaining to electronic billboards established only standards electronic billboards would have to meet.The proposed amendments would change some of those standards and would regulate their conversion. Three maps taken from a May 25,2011,PowerPoint presentation to the Planning Commission are attached to this memorandum to provide visual help for readers. KEY POINTS o The stated purpose of the proposed amendments to City Code section 21 A.46.160 titled Billboards is"to limit and reduce the maximum number of billboards in Salt Lake City." 1 The stated purpose in the current ordinance is"to limit the maximum number of billboards...to no greater than the current number."3 o The Salt Lake City Community&Economic Development Department estimates there are about 145 billboards in the city.Six of the billboards are electronic billboards.There are about 90 electronic signs throughout the city.If the City Council adopted the proposed amendments,all electronic signs currently in use would be unaffected by the amendments. o The core of the proposed amendments involves allowing billboards to be located in a greater geographical area where manufacturing and general commercial activity takes • place—if the companies that own them take down other billboards in other areas, particularly residential areas. o The proposed amendments would allow electronic signs and billboards to have varying sizes and varying times an electronic message may be displayed depending on where the signs and billboards are located.The amendments also would allow an electronic billboard to be"fully integrated into the architecture of a building." o The proposed amendments would prohibit motion on electronic signs;prohibit electronic signs from being located on roofs;prohibit electronic signs in Historic Districts or on Historic Landmark structures unless the Historic Landmark Commission authorizes the signs and would prohibit temporary embellishments on all billboards. o A basis for the proposed amendments is the Utah-Federal Agreement originally made in 1968 between the then-Governor Calvin L.Rampton and the Lyndon Johnson Administration.The agreement is part of the Utah Administrative Code.The Legislature ratified the agreement,and it has remained in effect since then.A pertinent provision of the agreement reads:"Nothing contained herein shall be construed to abrogate or prohibit a municipality from exercising a greater degree of control of outdoor advertising than that required or contemplated in the Act or from adopting standards which are more restrictive in controlling outdoor advertising than the provisions of this Agreement.i4 OPTIONS • Adopt the proposed ordinance. • Do not adopt the proposed ordinance. • Amend the proposed ordinance. 001 POTENTIAL MOTIONS Council staff will prepare potential motions after the City Council briefing by Mayor Becker's Administration. ISSUES/QUESTIONS FOR CONSIDERATION o Since at least the 1988 Regional/Urban Design Assistance Team study of downtown Salt Lake City it generally has been City policy to protect view corridors.Is that policy still valid,and,if so, what effect would the proposed amendments pertaining to billboards,electronic billboards,and electronic signs have on the policy? 2 o The proposed amendments would make general commercial and manufacturing areas available for the potential placement of billboards,what reaction,if any,has the Administration received from the outdoor advertising industry? o The proposed amendments would eliminate temporary embellishments,such as three-dimensional animals or people,from billboards.Are there any billboards in Salt Lake City that now have temporary embellishments,and why is the elimination of them proposed? o A subsection of Utah Code Section 72-7-505 which regulates signs,their spacing and their location in an outdoor advertising corridor says Subsection(3Xc)(ii),referenced later in this memorandum"may not be implemented until: (a)the Utah-Federal Agreement for carrying out national policy relative to control of outdoor advertising in areas adjacent to the national system of interstate and defense highways and the federal-aid primary system is modified to allow the sign placement specified in Subsection(3)(cXii);and (b)the modified agreement under Subsection(4Xa)is signed on behalf of both the state and the United States Secretary of Transportation."Has the Utah-Federal Agreement been modified? BACKGROUND/DISCUSSION As indicated earlier in this memorandum,the proposed amendments are the result of two petitions initiated by Mayor Ralph Becker.The petitions address issues stemming from current ordinances regulating billboards and electronic signs. The current ordinance does not regulate electronic billboards and does not conform to state laws in some parts. r The current billboard ordinance was adopted in 1993 but Utah law regulating billboards has changed since then.The current ordinance also was based on capping the overall number of billboards and allowing companies to move those billboards to locations away from residential and historical areas.' There are about 145 billboards in Salt Lake City.Six of the billboards are electronic.Electronic billboards are an emerging format for the billboard industry.6 A Planning Commission staff report indicates there are numerous instances in Salt Lake City "where the presence of billboards suppresses the redevelopment potential of the underlying land.''Six billboards are located on property zoned for residential use.Companies involved in the billboard business own the properties on which four of the billboards are located.' Again,the City Council on April 12,2011,adopted an ordinance to prohibit the"construction or reconstruction"of electronic billboards or the"conversion,remodeling,or rehabilitation of any existing billboard to an electronic format"to"preserve status quo regarding electronic billboards and signs"while the amendments scheduled for the December 13,2011,briefing worked their way through City processes. While the core of the proposed amendments involves relocating or converting standard billboards to electronic billboards,the amendments are informed by three things:the Utah-Federal Agreement,Utah Law,and other proposed amendments,including enacting a new section in the Zoning Ordinance to regulate electronic signs. UTAH-FEDERAL AGREEMENT AND UTAH LAW As indicated,the Utah-Federal Agreement became part of the Utah Administrative Code(R933-5)after the Legislature ratified it.The agreement applies to"All zoned and un-zoned commercial and industrial areas 3 within 660 feet of the nearest edge of the right-of-way of all portions of the interstate and primary systems within the State of Utah in which outdoor advertising signs, displays and devices may be visible from the main-traveled way ..." The agreement sets the size and spacing of outdoor advertising signs along freeways and other highways that make up the national highway system. Utah law(72-7-505), which regulates signs within an outdoor advertising corridor follows the sign-size requirements in the Agreement and generally follows the location and spacing restrictions. However,the law also says in subsection 3-c-ii: A sign may be placed closer than 500 feet from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way, if: (A)the sign is replacing an existing outdoor advertising use or structure which is being removed or displaced to accommodate the widening,construction,or reconstruction of an interstate, federal aid primary highway existing as of June 1, 1991,or national highway system highway;and (B)it is located in a commercial or industrial zoned area inside an urbanized county or an incorporated municipality. The section appears to be section the City would follow if the proposed amendments to the billboard and electronic sign ordinances are not adopted. PROPOSED ELECTRONIC SIGN AMENDMENTS Regulations pertaining to electronic signs are contained in amendments to City Code section 21A.46.070.M and proposed section 21A.46.070.X. The regulations retain or contain language similar to Ordinance No. 17 of 2011 that the City Council adopted April 12,2011, in the following items: o Motion of any kind is prohibited on any electronic sign face or electronic billboard. o All electronic signs and billboards would be equipped with an automatic dimmer control or other mechanism that automatically controls a sign's brightness and times when an electronic sign may be switched on or off. The proposed amendments differ from the Ordinance No. 17 in the following ways: o Electronic signs would be prohibited on building roofs and in areas designated as Historic Districts or on buildings designated as Historic Landmark structures by the Historic Landmark Commission. o The proposed amendments would continue to prohibit the lighting or illumination between midnight and 6 a.m. However, the amendments would extend the prohibition only to signs located within 600 feet of a residential zoning district, "unless the business on the site is actually open for business during those hours."Ordinance No. 17 prohibited lighting or illuminating signs between midnight and 6 a.m. for signs located"in or within" 600 feet of a"residential, mixed-use, downtown, Sugar House Business District, gateway,Neighborhood Commercial, Community Business, or Community Shopping Center zoning district." o The proposed amendments would change the dwell time—the length of time that elapses between text, images, or graphics on an electronic sign—from no more than once every 24 hours to allowing signs to change based on the size of an electronic sign and its location. The proposed amendments would limit changes to the following: 4 • Signs larger than 250 square feet or located on a freeway would not change more than once every eight seconds. • Signs between 100 square feet and 250 square feet would not change more than once every five seconds • Signs less than 100 square feet in size would not change more than once every three seconds. • (It should be noted that Utah law regulating billboards within an outdoor advertising corridor allows a"changeable message sign...if the interval between message changes are not more frequent than at least eight seconds,and the actual message rotation process is accomplished in three seconds or less.")9 o For electronic signs the maximum portion of signs allowed to convey electronic messages would be: • Sixty percent of the sign face in Commercial Shopping and Commercial Corridor zoning districts. • Eighty percent of the sign face in the Downtown and Gateway districts. • One hundred percent of the sign face in Airport(A),Manufacturing(M)and General Commercial(CG)zoning districts. • Forty percent of the total sign face in all other zoning districts. • Electronic billboards as defined in the proposed amendments are allowed one hundred percent of the sign face to be electronic in zoning districts where electronic billboards are permitted. PROPOSED REVISIONS TO BILLBOARD ORDINANCE As mentioned earlier in this memorandum the stated purpose of the proposed revisions to the ordinance regulating billboards is"to limit and reduce the maximum number of billboards in Salt Lake City."The apparent mechanism to achieve the purpose is to allow billboards to be located in a greater geographical area where manufacturing and general commercial activity takes place—if the companies that own the billboards take down other billboards in other areas,particularly residential areas. The rest of the purpose statement says,"This chapter further provides reasonable processes and methods for the replacement or relocation of existing nonconforming billboards to areas of the city where they will have less negative impact on the goals and policies of the city which promote the enhancement of the city's gateways, views,vistas and related urban design elements of the city's master plans." According to a May 25,2011,presentation to the Planning Commission,one criticism of the current ordinance is the area where billboards are allowed in Salt Lake City is too small.1°The proposal appears to substantially increase the area where billboards could be located.It appears to increase areas west of Interstate 215,and where billboards already are located on both sides of Interstate 15 between roughly 1000 South and 2100 iSouth streets." Under the proposed amendments,new billboards,including any increase in square footage,or additions of another(sign)face would be prohibited.The current ordinance limits the number of billboards in Salt Lake City to the existing amount. The proposed amendments would allow existing billboards to be relocated in three ways.They can be relocated as permitted by Utah law,if the relocation is consistent with the Utah-Federal Agreement.Billboards also could be relocated from"any zoning district"to Manufacturing and General Commercial zoning districts—if 5 the billboards are not oriented toward or located within 600 feet of a residential zoning district, a gateway street or a Granary District Exclusion Area—an area the amendments also propose to create. ' The third way billboards could be relocated is to be converted into an electronic billboard. The standard for relocating and converting a billboard to an electronic one would be different in different zoning districts.In Downtown and Gateway districts and along a Special Gateway Street a billboard located in those areas could be relocated within the same zoning district and converted to an electronic billboard if"an equivalent number of square footage is removed elsewhere in the City from any Gateway Street, residential zoning district or Neighborhood Commercial(CN)zoning district or Business Commercial (CB)zoning district ... and is fully integrated into the architecture of a building." Billboards located in a residential or Neighborhood Commercial(CN)or Business Commercial(CB) zoning district or any Gateway street could be converted to an electronic billboard if it was relocated to an electronic billboard "on a one-square-foot per one-square-foot basis." 161 In addition, billboards already located in General Commercial and Manufacturing zoning districts could be converted to electronic billboards—if—they are not located within 600 feet of any Gateway street or within the Granary District Exclusion Area, and if"an amount of billboard square footage equivalent to the size of the billboard being converted is removed elsewhere in the City ..." Similarly, billboards located on freeway corridors may be converted to electronic billboards if they are located within a General Commercial or Manufacturing zoning district and are not within the Granary District Exclusion Area and an equivalent amount of square footage is ... removed from a City Entry Streets, Boulevard Street,residential zoning district,Neighborhood Commercial zoning district or Business Commercial zoning district. 4 GEOGRAPHIC TERMS Here are the definitions of boulevards,city entries,freeways, gateways,Granary District exclusion area, and special gateways: BOULEVARD: the following streets are designated Boulevards for billboard regulation purposes: 1.5600 West; • 2.2100 South Street/Parleys Way from Interstate 15 to Foothill Boulevard; • 3.Foothill Drive/400-500 South from 1000 East to Interstate 80; • 4.400 South from Redwood Road to 1000 East(excluding Special Gateway); 5.300 West from 900 North to 900 South; 6.North Temple from State Street to Interstate 80(excluding Special Gateway); 7.State Street from North Temple to 2100 South Street(excluding Special Gateway); 8.Main Street from South Temple to 2100 South(excluding Special Gateway); 9.7200 West; 10. 500 South from 300 West to 700 East; 11. 600 South from 200 West to 700 East; • 12. 700 East; 13. 1300 South/California from Redwood Road to its eastern terminus. CITY ENTRY: The following streets are designated City entries for billboard regulation purposes: 6 1.400 South from Interstate 15 to 300 West; 2.500 South from Interstate 15 to 300 West;including the on-ramp portions of 1-15 from 500 west to 500 feet after the connection of travel lanes onto the main traveled freeway; 3.600 South from Interstate 15 to 200 West;Including the off-ramp portion of I-15 beginning 500 feet before the separation of travel lanes from the main traveled freeway; 4.600 North from 800 West to 300 West; 5.900 south Interstate 15 off/on-ramp from Brooklyn Avenue to West Temple Street. FREEWAY:The following streets are classified as freeways for billboard regulation purposes: 1.Interstate 80; 2.Interstate 215; 3.Interstate 15; 4.State Route 201/The 2100 South Expressway; 5.Mountain View Corridor. 6.Bangerter Highway/4000 West Excluding all portions of any freeway on/off ramps defined as being City entry streets. GATEWAY:The following categories of streets or highways within Salt Lake City:Freeway,City Entry, Special Gateway and Boulevard streets. • GRANARY DISTRICT EXCLUSION AREA: The General Commercial properties located between 300 West to 1-15 and 200 South to the 900 South off/on-ramp;which are identified to be rezoned mixed-use according to the Gateway Master Plan. SPECIAL GATEWAY:The following streets or highways within Salt Lake City: I.North Temple between 600 West and 2200 West; 2.400 South between 200 East and 800 East; 3.State Street between 600 South and 2100 South;and 4.Main Street between 600 South and 2100 South. OTHER PERTINENT INFORMATION According to a Planning Commission staff report,the following cities in Utah that prohibit the construction of new billboards include Provo,Kaysville,Lehi,Park City,Holladay and Cottonwood Heights. States and cities that ban electronic billboards include:Hawaii,San Francisco,Montana,Denver,Gilbert Arizona, Pima County Arizona,Amarillo Texas,Fort Worth,Dallas,Galveston,Houston,Austin,St Petersburg Florida, Knoxville Tennessee,Durham North Carolina,Vermont,and Maine.° PUBLIC COMMENT The Administration transmittal contains three sections that involve public comment.One is a synopsis of comments on an Open City Hall web page forum.The forum drew 45 comments from participants around Salt Lake City.City Council staffs reading to the comments indicated 25 people supported the proposed amendments, 15 opposed them,and five were maybe in support. The written minutes of a September 28,2011,public hearing on the proposed amendments indicated that the following 16 people spoke in opposition to the amendments:J.Michael Place,Western Nut Company;Robert 7 Tingey,General Council Energy Solutions Arena;Jared Johnson,Young Electric Sign Company;Tye Dato, Daktronics Inc;Jeff Young,Young Electric Sign Company;Paul Young,Young Electric Sign Company, Morgan Philpot,legal counsel,Reagan Signs;Dee Park,Jeff Krantz,Robert McIntyre,Kyle Deans,Tyler Steenblik,and Michael Wardle. The minutes reported the following points made by speakers: • o Hold times of 8 seconds will significantly reduce our ability to communicate meaningful messages to our customers. o The message travel feature of signs is essential to conveying messages. o Advertising is an essential part of business success and cannot afford to substitute other means of communication in order to convey our full message and attract business. o Requiring that signs be turned off at night is unacceptable. o Sales prove the value of electronic signage.Any ordinance change that would diminish the effectiveness of our electronic sign would have a significant dilatory effect on our business,eve potentially to the extent of forcing us to close our doors. o If a sign is small,and the words necessary to convey the message would not fit on the sign,it would require a purchase of a new,and larger sign in order to comply with the 8 second hold,this is not an acceptable requirement. o Annual reporting and brightness testing is absurd.It is expensive and unfair to small businesses. o The signs are not a safety issue,and no accidents have been attributed to many of the signs in question. o Signs were purchased with the intent and ability to use full animation. o A change to static images and hold times of 8 seconds will reduce the sign's value significantly. o This change would damage our ability to advertise our products and services as a business. o It would dramatically impact what and how we communicate to our customers,a free speech issue. o It would tend to weaken advertising impact,requiring additional investment in other advertising ` media o We reach hundreds/thousands of customers as we advertise overnight o Invested expense in current programming would be rendered obsolete o We have not seen any increase in accidents due to the sign at our place of business. o We have customers making positive comments about our sign all the time;they don't have a problem with it. o The messages we want to communicate won't fit on our current sign unless we"travel"the message and/or change the text quickly. o If the words we want to use won't fit our sign,it could necessitate the purchase of a larger sign. o Expensive reprogramming would be required. o Annual reporting and brightness testing is an added expense we cannot afford to do. o Constant"steady burn"of diodes will shorten their useful life. o Steady burning of the LEDs would accelerate the need to repair the sign. o Steady burning of the LEDs would accelerate the need to replace the sign in the future. o It would damage our ability to use the sign in the way it was initially purchased. o It would damage our ability to use the sign as it has been operated since it was installed. o Converting to digital signs will be difficult. o The map needs clarification. The Administration transmittal also contains a version of the proposed amendments with revisions submitted September 28,2011,submitted by Young Electric Sign Company. The proposed revisions include the following regulation for electronic billboards: 8 "Electronic Billboard faces shall be subject to the following operational criteria: o All messages shall remain static and shall not have the appearance of animation or movement. o All messages shall remain static for at least eight seconds. o The transition from one message to another message shall take place instantaneously." The proposed revisions also appear to include omission of any reference to the Utah-Federal Agreement and the 600-foot distance restrictions from Gateway Street and residential areas. The third attached map shows the Administration's depiction of suggestions by the outdoor advertising industry's on locations where billboards could be placed. • Planning Commission staff report,Off-Premise Advertising,Doug Dansie,February 23,2011,Page 5. 2 Salt Lake City Code,Section 21 A.46.I60,Paragraph U. Salt Lake City Code,Section 21 A.46.160,Paragraph A. °Utah Administrative Rule R933-5,Utah-Federal Agreement for the Control of Outdoor Advertising,Part IV,(Please see Attachment.) 5 Planning Commission Staff Report,Off—Premise Advertising,Doug Dansie,February 23,2011,Page 2. 6 Ibid.Page 3. 'Ibid.Page 3. Salt Lake City Planning Commission Meeting Minutes,June 22,2011,Page 3. °Utah Code Annotated,72-7-505-I-(d). 1°Salt Lake City Planning Commission,PowerPoint Presentation,Doug Dansie,May 25,2011,Slide No.4. 11 Please see attached maps. 12 Planning Commission staff report,Off-Premise Advertising,Doug Dansie,February 23,2011,Page 6. 9 • • S 1. SALT LAKE CITY 111L1 -=,- i- OFFICIAL BILLBOARD ■ipay11.1,-)7,\\I AND GATEWAY MAP II , ■■—■�.■ L.,- .1_ ikh ei III0 llm, ! i ___ P_! E! b !IEI .Ii! ' Cgi.",a_r...,:-...:17.-:*],yr-laii--- mitlllri �I�t \ ` 1YI1 .. .11111.1.' 1 9 1■.1.1 1 ti ib�../ 11® LI■ \N- �.1 I.., 1 1 1 11 s l . 1 m �r L 7i1 YY .:i fN F.� 1yti_ 11 rr e� c. w 1��k .' 4 •.n. [.i 1 a 11 ik5 : 1_ - = it►.Ii�•N .1,,. r , - 1„15 ltIi!I - ,I ' II II .1 , v,_ !- ,1 �1 lVlr t°. 'Ir 1 II■ i _ Ey3(zi••a11IL. -•1�-^••�1 w utunuij�:— Legen d i � .tll. Ili nw-=,�i • -Gateway y iit;�5p!I II IIIIIIII�IF- W E �II�.All ll IIi� -Special Gateway 1 =re- _riri- El 1 Irn June 2001 Billboards Permitted s l 1 a o • Billboards Permitted within the CG. M-1 and M-2 Zones (with exclusions) in Salt Lake City I 1 !- �~ . "--cT" r Ill • I VP c z mini ii 1 1 _ —S rA l'Illi, -t- ._.7, pi! 1 ! , Lf_ iill1ll _ 1 , i�iyiaaaar }— 12111 L.v� ....a....oG r. 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Page 1 of 6 Utah Administrative Code The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102 LQ; see also Sections 63G-3-701 and 702). NOTE: For a list of rules that have been made effective since November 1, 2011, please see the codification segue page. NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes. Download the RTF file Rule R933-5. Utah-Federal Agreement for the Control of Outdoor Advertising. As in effect on November 1, 2011 Table of Contents • R933-5-1. Introduction. • R933-5-2. Utah-Federal Agreement. • KEY • Date of Enactment or Last Substantive Amendment • Notice of Continuation • Authorizing, Implemented, or Interpreted Law R933-5-1. Introduction. The Utah-Federal Agreement was executed by the governor of Utah and the secretary of the United States Department of Transportation's Federal Highway Administrator on January 18, 1968.It sets out the parameters by which Utah agrees to manage and regulate outdoor advertising along the federal highway system. Though never placed in the Utah Code,the legislature has ratified the governor's execution of the agreement under Section 72-7-501(Supp.2ooi). R933-5-2. Utah-Federal Agreement. FOR CARRYING OUT NATIONAL POLICY RELATIVE TO CONTROL OF OUTDOOR ADVERTISING IN AREAS ADJACENT TO THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS AND THE FEDERAL-AID PRIMARY SYSTEM. THIS AGREEMENT made and entered into this 18th day of January, 1968,by and between the United states of America represented by the Secretary of Transportation acting by and through the Federal Highway Administrator, hereinafter referred to as the Administrator, and the state of Utah,acting by and through its Governor,hereinafter referred to as the State. Witnesseth: WHEREAS,the governor is authorized by Senate Bill No.94,enacted by the Thirty-seventh Utah State Legislature, to enter into agreements with the Secretary of Commerce,whose functions, powers and duties in regard to highway matters have been transferred to the Secretary of Transportation by Public Law 89-76o,89th Congress, on behalf of the State of Utah to comply with Title I of the Highway Beautification Act of 1965; and http://www.rules.utah.gov/publicat/code/r933/r933-005.htm 12/8/2011 UT Admin Code R933-5.Utah-Federal Agreement for the Control of Outd... Page 2 of 6 WHEREAS,Section 131(d)of Title 23,United states Code provides for agreement between the Secretary of Transportation and the several states to determine the size, lighting,and spacing of signs,displays,and devices,consistent with customary sue, which may be erected and maintained within 66o feet of the nearest edge of the right -of-way within areas adjacent to the interstate and primary systems which are zoned industrial or commercial under authority of state law or in unzoned commercial or industrial areas,which areas are also to be determined by agreement,and WHEREAS,the purpose of said agreement is to promote the reasonable,orderly, and effective display of outdoor advertising while remaining consistent with the national policy to protect the public investment in interstate and primary highways, to promote the safety and recreational value of public travel and to preserve natural beauty;and WHEREAS,the State of Utah elects to implement and carry out the provisions of Section 131 of Title 23,United states Code,and the national policy in order to remain eligible to receive the full amount of all federal-aid highway funds to be apportioned to such state on or after January1,1968,under Section log of Title 23,United States Code. NOW,THEREFORE,the parties hereto do mutually agree as follows: I.Definitions A.The term"Act"means Section 131 of Title 23,United States Code(1965), commonly referred to as Title I of the Highway Beautification act of 1965. B.Commercial or industrial zone means those areas which are reserved for business,commerce,or trade pursuant to comprehensive local zoning ordinance or regulation,or enabling state legislation,including Highway Service areas lawfully zoned as Highway Service Zones,in which the primary use of the land is reserved for commercial and roadside services other than outdoor advertising to serve the traveling public. C.Unzoned commercial or industrial area means those areas not zoned by state or local law,regulation or ordinance,which are occupied by one or more industrial or commercial activities,other than outdoor advertising signs,the lands along the highway for a distance of 60o feet immediately adjacent to the activities,and those lands directly opposite on the other side of the highway to the extent of the same dimensions provided those lands on the opposite side of the highway are not deemed scenic or having aesthetic value as determined by the Utah Road Commission. All measurements shall be from the outer edge of the regularly used buildings, parking lots,storage or processing areas of the activities,and shall be along or parallel to the edge of pavement of the highway. D.Commercial or industrial activities,for purposes of the unzoned area definition above,mean those activities generally recognized as commercial or industrial by zoning authorities in this state,except that none of the following activities shall be considered commercial or industrial: 1.Agricultural,forestry,grazing,farming,and related activities,including,but not limited to wayside fresh produce stands. 2.Transient or temporary activities. 3.Activities not visible from the main-traveled way. 4.Activities conducted in a building principally used as a residence. 5.Railroad tracks and minor sidings. Should any commercial or industrial activity,which has been used in defining or delineating an unzoned area,cease to operate for a period of six continuous months, Vir any signs located within the former unzoned area shall become non-conforming. http://www.rules.utah.gov/publicat/code/r933/r933-005.htm 12/8/2011 UT Admin Code R933-5.Utah-Federal Agreement for the Control of Outd... Page 3 of 6 E.Sign means any outdoor sign,light,display,device,figure,painting,drawing, message,placard,poster,billboard,or other thing which is designed,intended,or used to advertise or inform,any part of the advertising or informative contents of which is visible from any place on the main traveled way of the interstate or federal- aid primary highway. F.Erect means to construct,build,raise,assemble,place,affix,attach,create, paint,draw,or in any other way bring into being or establish,but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign or sign structure. G.Center line of the highway means a line equidistant from the edges of the median separating the main-traveled way of a divided interstate or other limited- access highway,or the center line of the main-traveled way of a non-divided highway. H.Visible means capable of being seen(whether or not legible)without visual aid by a person of normal visual acuity. I.Main-traveled way means the traveled way of a highway on which through traffic is carried.In the case of a divided highway,the traveled way of each of the separate roadways for traffic in opposite directions is a main-traveled way.It does not include such facilities as frontage roads,turning roadways,or parking areas. II.Scope of Agreement This agreement shall apply to: A.All zoned and unzoned commercial and industrial areas within 66o feet of the nearest edge of the right-of-way of all portions of the interstate and primary systems within the State of Utah in which outdoor advertising signs,displays and devices may be visible from the main-traveled way of said system. III.State Control The State hereby agrees that,in all areas within the scope of this agreement,the State shall effectively control or cause to be controlled,the erection and maintenance of outdoor advertising signs,displays,and devices erected subsequent to the effective date of this agreement other than those advertising the sale or lease of the property on which they are located,or activities conducted thereon,in accordance with the following criteria: A.In zoned and unzoned commercial and industrial areas,the criteria set forth below shall apply to signs,displays and devices erected subsequent to the effective date of this agreement. General THE FOLLOWING SIGNS SHALL NOT BE PERMITTED r.Signs which imitate or resemble any official traffic sign,signal,or device. 2.Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features. 3.Signs which are erected or maintained in such a;manner as to obscure,or otherwise interfere with the effectiveness of an official traffic sign,signal,or device, or obstruct or interfere with the driver's view of approaching,merging or intersecting traffic. Size of Signs 1.No sign shall exceed the following dimensions: Q (a)Maximum area-r000 square feet http://www.rules.utah.gov/pub]icat/code/r933/r933-005.httn 12/8/2011 UT Admin Code R933-5. Utah-Federal Agreement for the Control of Outd... Page 4 of 6 (b)Maximum height--25 feet • (c)Maximum length--6o feet 2.The area shall be measured by the outer limits of the advertising space. 3.A sign structure may contain no more than two facings visible and readable from the same direction on the main traveled way on any one sign structure. Whenever two facings are so positioned, neither shall exceed 325 square feet. 4.Back-to-back or V-type sign structures will be permitted with the maximum area being allowed for each facing; and considered as one structure and subject to spacing as herein below provided,but must be erected so that no more than two facings are visible to traffic in any one direction. Spacing of Signs i. Signs may not be located within 50o feet of any of the following which are adjacent to the highway: (a)Public parks (b)Public forests (c)Playgrounds (d)Cemeteries 2.Interstate Highways and Limited-Access Highways on the Primary System. (a)Spacing between sign structures along each side of the highway shall be a minimum of 50o feet except that this spacing shall not apply to signs which are separated by a building or other obstruction in such a manner that only one sign located within the minimum spacing distance set forth above is visible from the highway at any one time. (b)No sign maybe located on an interstate highway or freeway within 50o feet of an interchange,or intersection at grade,or rest area(measured along the interstate highway or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way). 3.Non-Limited Access Primary Highways. The location of sign structures situated between streets, roads or highway entering into or intersecting the main traveled way shall conform to the following minimum spacing criteria to be applied separately to each side of the primary highway: (a)Where the distance between centerlines of intersecting streets or highways is less than woo feet,a minimum spacing between structures of 15o feet(double- faced,V-type and/or back-to-back)may be permitted between such intersecting streets or highways. (b)Where the distance between centerlines of intersecting streets or highways is moo feet or more, minimum spacing between sign structures(double-faced,V-type and/or back-to-back)shall be 30o feet. 4. Explanatory Notes (a)Alleys, undeveloped rights-of-way,private roads and driveways shall not be regarded as intersecting streets, roads or highways. (b)Only roads,streets and highways which enter directly into the main-traveled way of the primary highway shall be regarded as intersecting. • http://www.rules.utah.gov/publicat/code/r933/r933-005.htm 12/8/2011 UT Admin Code R933-5. Utah-Federal Agreement for the Control of Outd... Page 5 of 6 (c)Official and"on premise"signs,as defined in Section 131(c)of Title 23, United states Code,shall not be counted nor shall measurements be made from them for purposes of determining compliance with the above spacing requirements. (d)The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs. Lighting Signs may be illuminated,subject to the following restrictions: 1.Signs which contain,include,or are illuminated by any flashing,intermittent, or moving light or lights are prohibited,except those giving public service information such as time, date,temperature,weather,or similar information. 2.Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way of the highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle,or which otherwise interfere with any driver's operation of a motor vehicle are prohibited. IV. Interpretation The provisions contained herein shall constitute the acceptable standards for effective control of signs,displays,and devices within the scope of this agreement. Nothing contained herein shall be construed to abrogate or prohibit a municipality from exercising a greater degree of control of outdoor advertising than that required or contemplated by the Act of from adopting standards which are more restrictive in controlling outdoor advertising than the provisions of this Agreement. Standards and criteria contained in Section III shall apply to signs erected subsequent to the effective date of this Agreement.Existing signs in zoned and unzoned commercial or industrial areas will be considered to be conforming to said standards and criteria. In the event the provisions of the Highway Beautification Act of 1965 are amended by subsequent action of Congress,or the provisions of Chapter 51,Section 5, Laws of Utah, 1967,are amended by subsequent action of the Utah state Legislature,the parties reserve the right to re-negotiate this Agreement or to modify it to conform with any amendment. V.Effective Date This agreement shall become effective when signed and executed on behalf of both the State and the Untied States of America. IN WITNESS WHEREOF,the State has caused this Agreement to be duly executed in its behalf,and the Secretary of transportation has likewise caused the same to be duly executed in his behalf,as of the dates specified below. KEY outdoor advertising, interstate highways Date of Enactment or Last Substantive Amendment June 4, 2002 Notice of Continuation October 1, 2007 Authorizing, Implemented, or Interpreted Law 72-7-501 Rule converted into HTML by the Division of Administrative Rules. http://www.niles.utah.gov/publicat/code/r933/r933-005.htm 12/8/2011 UT Admin Code R933-5.Utah-Federal Agreement for the Control of Outd... Page 6 of 6 For questions regarding the content or application of rules under Title R933,please contact the promulgating agency(Transportation,Preconstruction,Right-of-Way Acquisition).A list of agencies with links to their homepages is available at http://www.utah.qov/government/agencylist.html or from http://www.rules.utah.ciovicontact/agencycontacts.htm. The HTML version of this rule is a convenience copy made available on the Internet as a public service.Please see the State of Utah Terms of Use. 2011 6'Division or Administrative Rules 5110 Stale Office Building/Capitol Hill Comptes/450 North Stale Sheet/Salt Lake City,UT 84114 Phone:801-538.3764/Fax'801-537.9240 • http://www.rules.Utah.gov/publicaticode/r933/r933-005.htm 12/8/2011 aili SCANNED TO:ctF tain etiliAL FRANK B. GRAY �OAC I Mean SCANNEDel t DIRECTOR DE \)tTMENT OF COMMUNITY& ECONOMIC DEVELOPMENT MAYOR v OFFICE OF THE DIRECTOR DATE•• t���/��,MAY �Y DE LA MARE-SCHAEFER `� DEPUTY DIRECTOR G� ROBERT FARRINGTON, J., ( v DEPUTY DIRECTOR v�G TY COUNCIL TRANSMITTAL ;0,,, ,° I C � � OT 2 si Date Received: IT! NO V 17 2011 David eritt, Chief of Staff By :—,.__+ Date Sent to City Council: I( I f ial4 TO: Salt Lake City Council DATE: November 14, 2011 Jill Remington-Love, Chair FROM: Frank Gray, Community & Economic Development Department Director RE: PLNPCM2010-00717: Zoning Text Amendment, Electronic Billboards -A request by Salt Lake City Mayor Becker for a zoning text amendment to address electronic CO billboards. Currently,the City Zoning Ordinance does not address electronic billboards. The text amendment would affect all zoning districts. PLNPCM2010-00032: Zoning Text Amendment, Billboards-A request by Salt Lake City Mayor Becker for a zoning text amendment to address outdoor billboards. The proposed amendment would update current regulations for outdoor billboards to make them consistent with State law. The text amendment would affect all zoning districts. STAFF CONTACTS: Doug Dansie, Senior Planner, 535-6182 or doug.dansie@slcgov.com RECOMMENDATION: That the City Council hold a briefing and schedule a Public Hearing DOCUMENT TYPE: Ordinance BUDGET IMPACT: None DISCUSSION: Issue Origin: Mayor Ralph Becker has initiated a request to amend the Salt Lake City Zoning Ordinance to include regulations for electronic billboards. The petition requests that existing City ordinances be amended to reflect industry changes and to define and regulate the conversion 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 7�11�4/54436/,�7 SALT �/LAKE CITY, UTAH B4114-5466 RE: Petition PLNPCM20 1 0-007 Irt.EHF1'�ICEIVIda 103-99+681d0B1NkkAiiif1-535-6005 Page 1 of 3 WWW.®LCEIOV.COM/CED of existing billboards to an electronic format. The Mayor has also initiated a petition to update O current regulations for outdoor billboards to make them consistent with State law Analysis: In October 2010,Mayor Becker initiated a petition for the purpose of amending the Salt Lake City Zoning Ordinance to address the conversion of traditional billboards to an electronic format. The City Council adopted an ordinance in May 2011,prohibiting electronic billboards. The Council requested that the Administration revisit the issue as part of the consideration of the second petition,also initiated by May Becker in October 2010,to update current regulations for outdoor billboards to make them consistent with State law The draft forwarded by the Planning Commission differs from the existing ordinance in the following ways: 1. The billboard bank has been eliminated:changes in state law have made it generally irrelevant. 2. The geographic area where billboards are allowed to move according to City law,in addition to State law,has been increased to include most manufacturing and general commercial areas. 3. Billboards will be allowed to move and convert to electronic on a one-for-one square foot basis if they are moving from residential areas to manufacturing areas or general commercial areas. 4. Billboards may be converted to electronic on freeways,special gateways(main Street State Street North Temple and 400 South)and in the Downtown area;if they remove square footage from elsewhere in the city on a two-for-one basis O 5. The ordinance sets dwell times and twirl times for all electronic signs;on or off premise: Signs are defined by size. • All electronic signs larger than 250 square feet and/or located on freeways are limited to the 8 second dwell time standard. • Electronic Signs between 100 and 250 square feet may have a 5 second dwell time. • Electronic Signs smaller than 100 square feet may have a 3 second dwell time. • The twirl time for all electronic signs is limited to a maximum of 0.25 seconds. 6. The proposed regulation would require electronic signs to be turned-off between 12:00 a.m.and 6:00 a.m.when located within 600 feet of residentially zoned property. 7. Enforcement regulation of the brightness of electronic signs is clarified.Animation remains illegal, although it is better defined to make enforcement clearer. 8. Electronic signs are prohibited as roof signs and within Historic Districts(with exceptions) 0 RE: Petition PLNPCM2010-00717-PLNPCM2010-00032:Billboards Page 2 of 3 O Master Plan Considerations:The following master plans have been reviewed: • Urban Design Element: This plan calls for the prohibition of billboards on gateway streets. Gateway streets are the major entrances into the City and include interstate highways I-15,I-80,I-215;300 West,Main Street,State Street,5600 West,Foothill Drive,600 North,North Temple,400 South,500 South and 600 South. • North Temple Boulevard Plan: This plan calls for the prohibition of billboards on North Temple and in the identified station areas. • Downtown Master Plan: This plan calls for the prohibition of billboards on entry streets to downtown and cleaning up their general appearance. PUBLIC PROCESS(subsequent to the adoption of a related ordinance in April 2011): • On April 12,2011;City Council adopts an ordinance that prohibits electronic billboards and directs the Administration and Planning Commission to revisit the issue. • The Planning Commission received a briefing and held a work session on May 25,2011. • The Planning Commission received a briefing and held a work session on June 22,2011. • On September 15,2011;Public notice mailed for September 28,2011 meeting. • On September 16,2011;Public notice published in newspaper for September 28,2011 meeting. • Planning Commission conducted public hearing on Sept 28,2011. • On Oct 26,2011;The Planning Commission voted to forward a positive recommendation to the City Council for the text change to the Billboard ordinance that would eliminate ® the billboard bank,define electronic signs,define where billboards may be relocated and where billboards may be converted to electronic billboards. The Planning Commission vote was five in favor;zero opposed;zero abstention. RELEVANT ORDINANCES: Amendments to the Zoning Ordinance and Maps are authorized under Section 21A.50 of the Salt Lake City Zoning Ordinance,as detailed in Section 21A.50.050:"A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard." It does,however,list five standards,which should be analyzed prior to rezoning property(Section 21A.50.050 A-E). The five standards are discussed in detail in the Original Planning Commission Staff Report submitted as part of the previous ordinance adoption. CO RE: Petition PLNPCM2010-00717-PLNPCM2010-00032:Billboards Page 3 of 3 TABLE OF CONTENTS 4111) 1. PROJECT CHRONOLOGY 2. PROPOSED ORDINANCE 3. NOTICE OF CITY COUNCIL HEARING 4. MAILING LABELS 5. PLANING COMMISSION A) ORIGINAL NOTICE AND POSTMARK September 16, 2011 newspaper B) STAFF REPORT 1) April 27,2011 Memo 2) May 18,2011 Briefing memo for May 25 meeting 3) June 14,2011 Briefing memo for June 26 meeting 4) September 23,2011 Briefing memo for September 28 hearing 5) October 21,2011 Briefing memo for October 26 meeting C) AGENDA AND MINUTES May 25, 2011 June 22,2011 Sept 28,2011 Hearing Oct 26,2011 Decision 6. ORIGINAL PETITION • 0 1. PROJECT CHRONOLOGY 0 PROJECT CHRONOLOGY (Subsequent to transmittal for previous ordinance adoption in April 2011) April 12,2011 City Council adopt an ordinance prohibits electronic billboards and directs the administration and Planning Commission to revisit the issue. May 25,2011 The Planning Commission received a briefing and held a work session. June 22,2011 The Planning Commission received a briefing and held a work session Sept.15,2011 Mailed public hearing notice for the Sept.28,2011 Planning Commission meeting. Sept.16,2011 Published public hearing notice for the Sept.28,2011 Planning Commission meeting in the Salt Lake Tribune. Sept 28,2011 Planning Commission conducted public hearing and voted to postpone action. Oct 26,2011 The Planning Commission voted to forward a positive recommendation to the City Council for the text change to the Billboard ordinance that would eliminate the billboard bank,define electronic signs,define where billboards may be relocated and where billboards may be converted to electronic billboards. November 9,2011 Planning Commission ratified meeting minutes for Oct.26,2011. O UT Admin Code R933-5. Utah-Federal Agreement for the Control of Outd... Page 1 of 6 Utah Administrative Code The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102 ); see also Sections 63G-3-701 and 702). NOTE: For a list of rules that have been made effective since November 1,2011, please see the codification segue page. NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes. Download the RTF file Rule R933-5. Utah-Federal Agreement for the Control of Outdoor Advertising. As in effect on November 1, 2011 Table of Contents • R933-5-1. Introduction. • R933-5-2. Utah-Federal Agreement. • KEY • Date of Enactment or Last Substantive Amendment • Notice of Continuation • Authorizing, Implemented, or Interpreted Law R933-5-1. Introduction. The Utah-Federal Agreement was executed by the governor of Utah and the secretary of the United States Department of Transportation's Federal Highway Administrator on January 18, 1968.It sets out the parameters by which Utah agrees to manage and regulate outdoor advertising along the federal highway system. Though never placed in the Utah Code,the legislature has ratified the governor's execution of the agreement under Section 72-7-50i(Supp.2001). R933-5-2. Utah-Federal Agreement. FOR CARRYING OUT NATIONAL POLICY RELATIVE TO CONTROL OF OUTDOOR ADVERTISING IN AREAS ADJACENT TO THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS AND THE FEDERAL-AID PRIMARY SYSTEM. THIS AGREEMENT made and entered into this 18th day of January, 1.968,by and between the United states of America represented by the Secretary of Transportation acting by and through the Federal Highway Administrator, hereinafter referred to as the Administrator,and the state of Utah,acting by and through its Governor,hereinafter referred to as the State. Witnesseth: WHEREAS,the governor is authorized by Senate Bill No.94,enacted by the Thirty-seventh Utah State Legislature,to enter into agreements with the Secretary of Commerce,whose functions,powers and duties in regard to highway matters have been transferred to the Secretary of Transportation by Public Law 89-76o,89th Congress, on behalf of the State of Utah to comply with Title I of the Highway Beautification Act of 1965;and http://www.rules.utah.gov/publicat/code/r933/r933-005.htm 12/8/2011 UT Admin Code R933-5. Utah-Federal Agreement for the Control of Outd... Page 2 of 6 WHEREAS,Section 131(d)of Title 23,United states Code provides for agreement between the Secretary of Transportation and the several states to determine the size, lighting,and spacing of signs,displays,and devices,consistent with customary sue, which may be erected and maintained within 66o feet of the nearest edge of the right -of-way within areas adjacent to the interstate and primary systems which are zoned industrial or commercial under authority of state law or in unzoned commercial or industrial areas,which areas are also to be determined by agreement,and WHEREAS,the purpose of said agreement is to promote the reasonable,orderly, and effective display of outdoor advertising while remaining consistent with the national policy to protect the public investment in interstate and primary highways, to promote the safety and recreational value of public travel and to preserve natural beauty;and WHEREAS,the State of Utah elects to implement and carry out the provisions of Section 131 of Title 23,United states Code,and the national policy in order to remain eligible to receive the full amount of all federal-aid highway funds to be apportioned to such state on or after Januaryi,1968,under Section 104 of Title 23,United States Code. NOW,THEREFORE,the parties hereto do mutually agree as follows: I.Definitions A.The term"Act"means Section 131 of Title 23,United States Code(1965), commonly referred to as Title I of the Highway Beautification act of 1965. B.Commercial or industrial zone means those areas which are reserved for business,commerce,or trade pursuant to comprehensive local zoning ordinance or regulation,or enabling state legislation,including Highway Service areas lawfully zoned as Highway Service Zones,in which the primary use of the land is reserved for commercial and roadside services other than outdoor advertising to serve the traveling public. C. Unzoned commercial or industrial area means those areas not zoned by state or local law, regulation or ordinance,which are occupied by one or more industrial or commercial activities,other than outdoor advertising signs,the lands along the highway for a distance of 60o feet immediately adjacent to the activities,and those lands directly opposite on the other side of the highway to the extent of the same dimensions provided those lands on the opposite side of the highway are not deemed scenic or having aesthetic value as determined by the Utah Road Commission. All measurements shall be from the outer edge of the regularly used buildings, parking lots,storage or processing areas of the activities,and shall be along or parallel to the edge of pavement of the highway. D.Commercial or industrial activities,for purposes of the unzoned area definition above,mean those activities generally recognized as commercial or industrial by zoning authorities in this state,except that none of the following activities shall be considered commercial or industrial: 1.Agricultural,forestry,grazing,farming,and related activities, including,but not limited to wayside fresh produce stands. 2.Transient or temporary activities. 3.Activities not visible from the main-traveled way. 4.Activities conducted in a building principally used as a residence. 5.Railroad tracks and minor sidings. Should any commercial or industrial activity,which has been used in defining or „ , delineating an unzoned area,cease to operate for a period of six continuous months, any signs located within the former unzoned area shall become non-conforming. http://www.rules.utah.gov/publicat/code/r933/r933-005.htm 12/8/2011 UT Admin Code R933-5. Utah-Federal Agreement for the Control of Outd... Page 3 of 6 E.Sign means any outdoor sign,light,display,device,figure,painting,drawing, message,placard,poster,billboard,or other thing which is designed,intended,or used to advertise or inform,any part of the advertising or informative contents of which is visible from any place on the main traveled way of the interstate or federal- aid primary highway. F.Erect means to construct,build,raise,assemble,place,affix,attach,create, paint,draw,or in any other way bring into being or establish,but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign or sign structure. G.Center line of the highway means a line equidistant from the edges of the median separating the main-traveled way of a divided interstate or other limited- access highway,or the center line of the main-traveled way of a non-divided highway. H.Visible means capable of being seen(whether or not legible)without visual aid by a person of normal visual acuity. I.Main-traveled way means the traveled way of a highway on which through traffic is carried. In the case of a divided highway,the traveled way of each of the separate roadways for traffic in opposite directions is a main-traveled way.It does not include such facilities as frontage roads,turning roadways,or parking areas. II.Scope of Agreement This agreement shall apply to: A.All zoned and unzoned commercial and industrial areas within 66o feet of the nearest edge of the right-of-way of all portions of the interstate and primary systems within the State of Utah in which outdoor advertising signs,displays and devices may be visible from the main-traveled way of said system. III.State Control The State hereby agrees that,in all areas within the scope of this agreement,the State shall effectively control or cause to be controlled,the erection and maintenance of outdoor advertising signs,displays,and devices erected subsequent to the effective date of this agreement other than those advertising the sale or lease of the property on which they are located,or activities conducted thereon,in accordance with the following criteria: A.In zoned and unzoned commercial and industrial areas,the criteria set forth below shall apply to signs,displays and devices erected subsequent to the effective date of this agreement. General THE FOLLOWING SIGNS SHALL NOT BE PERMIT].ED i.Signs which imitate or resemble any official traffic sign,signal,or device. 2.Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features. 3.Signs which are erected or maintained in such a;manner as to obscure,or otherwise interfere with the effectiveness of an official traffic sign,signal,or device, or obstruct or interfere with the driver's view of approaching,merging or intersecting traffic. Size of Signs i.No sign shall exceed the following dimensions: (a)Maximum area-i000 square feet http://www.rules.utah.gov/publicat/code/r933/r933-005.htm 12/8/2011 UT Admin Code R933-5. Utah-Federal Agreement for the Control of Outd... Page 4 of 6 (b)Maximum height--25 feet (c)Maximum length--6o feet 2.The area shall be measured by the outer limits of the advertising space. 3.A sign structure may contain no more than two facings visible and readable from the same direction on the main traveled way on any one sign structure. Whenever two facings are so positioned,neither shall exceed 325 square feet. 4.Back-to-back or V type sign structures will be permitted with the maximum area being allowed for each facing;and considered as one structure and subject to spacing as herein below provided,but must be erected so that no more than two facings are visible to traffic in any one direction. Spacing of Signs i.Signs may not be located within 50o feet of any of the following which are adjacent to the highway: (a)Public parks (b)Public forests (c)Playgrounds (d)Cemeteries 2.Interstate Highways and Limited-Access Highways on the Primary System. (a)Spacing between sign structures along each side of the highway shall be a minimum of 50o feet except that this spacing shall not apply to signs which are separated by a building or other obstruction in such a manner that only one sign located within the minimum spacing distance set forth above is visible from the �. highway at any one time. (b)No sign may be located on an interstate highway or freeway within 50o feet of an interchange,or intersection at grade,or rest area(measured along the interstate highway or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way). 3.Non-Limited Access Primary Highways. The location of sign structures situated between streets,roads or highway entering into or intersecting the main traveled way shall conform to the following minimum spacing criteria to be applied separately to each side of the primary highway: (a)Where the distance between centerlines of intersecting streets or highways is less than i000 feet,a minimum spacing between structures of i5o feet(double- faced,V-type and/or back-to-back)may be permitted between such intersecting streets or highways. (b)Where the distance between centerlines of intersecting streets or highways is woo feet or more,minimum spacing between sign structures(double-faced,V-type and/or back-to-back)shall be 30o feet. 4.Explanatory Notes (a)Alleys, undeveloped rights-of-way,private roads and driveways shall not be regarded as intersecting streets,roads or highways. (b)Only roads,streets and highways which enter directly into the main-traveled way of the primary highway shall be regarded as intersecting. ofirik http://www.rules.utah.gov/publicat/code/r933/r933-005.htm 12/8/2011 UT Admin Code R933-5. Utah-Federal Agreement for the Control of Outd... Page 5 of 6 (c)Official and"on premise"signs,as defined in Section 131(c)of Title 23, United states Code,shall not be counted nor shall measurements be made from them for purposes of determining compliance with the above spacing requirements. (d)The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs. Lighting Signs may be illuminated,subject to the following restrictions: 1.Signs which contain,include,or are illuminated by any flashing,intermittent, or moving light or lights are prohibited,except those giving public service information such as time,date,temperature,weather,or similar information. 2.Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way of the highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle,or which otherwise interfere with any driver's operation of a motor vehicle are prohibited. IV. Interpretation The provisions contained herein shall constitute the acceptable standards for effective control of signs,displays,and devices within the scope of this agreement. Nothing contained herein shall be construed to abrogate or prohibit a municipality from exercising a greater degree of control of outdoor advertising than that required or contemplated by the Act of from adopting standards which are more restrictive in controlling outdoor advertising than the provisions of this Agreement. Standards and criteria contained in Section III shall apply to signs erected subsequent to the effective date of this Agreement.Existing signs in zoned and unzoned commercial or industrial areas will be considered to be conforming to said standards and criteria. In the event the provisions of the Highway Beautification Act of 1965 are amended by subsequent action of Congress,or the provisions of Chapter 51,Section 5,Laws of Utah,1967,are amended by subsequent action of the Utah state Legislature,the parties reserve the right to re-negotiate this Agreement or to modify it to conform with any amendment. V.Effective Date This agreement shall become effective when signed and executed on behalf of both the State and the Untied States of America. IN WITNESS WHEREOF,the State has caused this Agreement to be duly executed in its behalf,and the Secretary of transportation has likewise caused the same to be duly executed in his behalf,as of the dates specified below. KEY outdoor advertising, interstate highways Date of Enactment or Last Substantive Amendment June 4, 2002 Notice of Continuation October 1, 2007 Authorizing, Implemented, or Interpreted Law 72-7-501 Rule converted into HTML by the Division of Administrative Rules. http://www.rules.utah.gov/publicat/code/r933/r933-005.htm 12/8/2011 UT Admin Code R933-5. Utah-Federal Agreement for the Control of Outd... Page 6 of 6 For questions regarding the content or application of rules under Title R933, please contact the promulgating agency(Transportation, Preconstruction, Right-of-Way Acquisition).A list of agencies with links to their homepages is available at http://www.utah.qov/government/aoencvlist.html or from http://www.njles.utah.cov/contact/afencvcontacts.htm. The HTML version of this rule is a convenience copy made available on the Internet as a public service. Please see the State of Utah Terms of Use. 2011 Division of Administrative Rules 5110 Slate Office Building/Capitol Hill Complex/450 North State Street/Salt Lake City,UT 84114 Phone:801-538-3764/Fax:801-537-9240 .001114 http://www.rules.utah.gov/publicat/code/r933/r933-005.htm 12/8/2011 SCANNED TO: - 1_� x�� ..., ..�.!I.��. I SCAM EDP FRANK B. GRAY �++ DIRECTOR DEP yTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT I MAYOR 2Y DE LA MARE-SCHAEFER .a OFFICE OF THE DIRECTOR DATE• .. (/ j/ry /0// : ! DEPUTY DIRECTOR ROBERT FARRINGTON, JF 4J�" DEPUTY DIRECTOR Z ;Z 1-tITY COUNCIL TRANSMITTAL nn M TIO LIPDate Received: I NOV " 7 2011Pji David eritt, Chief of Staff - � Byas Date Sent to City Council: I RN. ., TO: Salt Lake City Council DATE: November 14, 2011 Jill Remington-Love, Chair FROM: Frank Gray, Community & Economic 2 Development Department Director RE: PLNPCM2010-00717: Zoning Text Amendment, Electronic Billboards -A request by Salt Lake City Mayor Becker for a zoning text amendment to address electronic billboards. Currently,the City Zoning Ordinance does not address electronic billboards. The text amendment would affect all zoning districts. PLNPCM2010-00032: Zoning Text Amendment, Billboards - A request by Salt Lake City Mayor Becker for a zoning text amendment to address outdoor billboards. The proposed amendment would update current regulations for outdoor billboards to make them consistent with State law. The text amendment would affect all zoning districts. STAFF CONTACTS: Doug Dansie, Senior Planner, 535-6182 or doug.dansie@slcgov.com RECOMMENDATION: That the City Council hold a briefing and schedule a Public Hearing DOCUMENT TYPE: Ordinance BUDGET IMPACT: None DISCUSSION: Issue Origin: Mayor Ralph Becker has initiated a request to amend the Salt Lake City Zoning Ordinance to include regulations for electronic billboards. The petition requests that existing City ordinances be amended to reflect industry changes and to define and regulate the conversion 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 145466, SALT LAKE CITY, UTAH B4114-5486 RE: Petition PLNPCM2010-0071rlahhirPIC 1410 1-9� aBilik kar l-535-6005 Page 1 of 3 WWW.SLCGOV.COM/CED c: aE. Eo a.aEw of existing billboards to an electronic format. The Mayor has also initiated a petition to update current regulations for outdoor billboards to make them consistent with State law Analysis: In October 2010, Mayor Becker initiated a petition for the purpose of amending the Salt Lake City Zoning Ordinance to address the conversion of traditional billboards to an electronic format. The City Council adopted an ordinance in May 2011, prohibiting electronic billboards. The Council requested that the Administration revisit the issue as part of the consideration of the second petition, also initiated by May Becker in October 2010, to update current regulations for outdoor billboards to make them consistent with State law The draft forwarded by the Planning Commission differs from the existing ordinance in the following ways: 1. The billboard bank has been eliminated: changes in state law have made it generally irrelevant. 2. The geographic area where billboards are allowed to move according to City law, in addition to State law, has been increased to include most manufacturing and general commercial areas. 3. Billboards will be allowed to move and convert to electronic on a one-for-one square foot basis if they are moving from residential areas to manufacturing areas or general commercial areas. 4. Billboards may be converted to electronic on freeways, special gateways(main Street State Street North Temple and 400 South)and in the Downtown area; if they remove square footage from oft elsewhere in the city on a two-for-one basis 5. The ordinance sets dwell times and twirl times for all electronic signs; on or off premise: Signs are defined by size. • All electronic signs larger than 250 square feet and/or located on freeways are limited to the 8 second dwell time standard. • Electronic Signs between 100 and 250 square feet may have a 5 second dwell time. • Electronic Signs smaller than 100 square feet may have a 3 second dwell time. • The twirl time for all electronic signs is limited to a maximum of 0.25 seconds. 6. The proposed regulation would require electronic signs to be turned-off between 12:00 a.m. and 6:00 a.m. when located within 600 feet of residentially zoned property. 7. Enforcement regulation of the brightness of electronic signs is clarified. Animation remains illegal, although it is better defined to make enforcement clearer. 8. Electronic signs are prohibited as roof signs and within Historic Districts(with exceptions) RE: Petition PLNPCM2010-00717-PLNPCM2010-00032: Billboards Page 2 of 3 Master Plan Considerations: The following master plans have been reviewed: • Urban Design Element: This plan calls for the prohibition of billboards on gateway streets. Gateway streets are the major entrances into the City and include interstate highways I-15, I-80, I-215; 300 West, Main Street, State Street, 5600 West, Foothill Drive, 600 North, North Temple, 400 South, 500 South and 600 South. • North Temple Boulevard Plan: This plan calls for the prohibition of billboards on North Temple and in the identified station areas. • Downtown Master Plan: This plan calls for the prohibition of billboards on entry streets to downtown and cleaning up their general appearance. PUBLIC PROCESS (subsequent to the adoption of a related ordinance in April 2011): • On April 12, 2011; City Council adopts an ordinance that prohibits electronic billboards and directs the Administration and Planning Commission to revisit the issue. • The Planning Commission received a briefing and held a work session on May 25, 2011. • The Planning Commission received a briefing and held a work session on June 22, 2011. • On September 15, 2011; Public notice mailed for September 28, 2011 meeting. • On September 16, 2011; Public notice published in newspaper for September 28, 2011 meeting. • Planning Commission conducted public hearing on Sept 28, 2011. • On Oct 26, 2011; The Planning Commission voted to forward a positive recommendation to the City Council for the text change to the Billboard ordinance that would eliminate the billboard bank, define electronic signs, define where billboards may be relocated and where billboards may be converted to electronic billboards. The Planning Commission vote was five in favor; zero opposed; zero abstention. RELEVANT ORDINANCES: Amendments to the Zoning Ordinance and Maps are authorized under Section 21A.50 of the Salt Lake City Zoning Ordinance, as detailed in Section 21A.50.050: "A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard." It does, however, list five standards, which should be analyzed prior to rezoning property (Section 21A.50.050 A-E). The five standards are discussed in detail in the Original Planning Commission Staff Report submitted as part of the previous ordinance adoption. RE: Petition PLNPCM2010-00717- PLNPCM2010-00032: Billboards Page 3 of 3 TABLE OF CONTENTS 1. PROJECT CHRONOLOGY 2. PROPOSED ORDINANCE 3. NOTICE OF CITY COUNCIL HEARING 4. MAILING LABELS 5. PLANING COMMISSION A) ORIGINAL NOTICE AND POSTMARK September 16, 2011 newspaper B) STAFF REPORT 1) April 27,2011 Memo 2) May 18,2011 Briefing memo for May 25 meeting 3) June 14,2011 Briefing memo for June 26 meeting 4) September 23,2011 Briefing memo for September 28 hearing 5) October 21, 2011 Briefing memo for October 26 meeting C) AGENDA AND MINUTES May 25, 2011 June 22,2011 Sept 28,2011 Hearing Oct 26,2011 Decision 6. ORIGINAL PETITION PROJECT CHRONOLOGY (Subsequent to transmittal for previous ordinance adoption in April 2011) April 12, 2011 City Council adopt an ordinance prohibits electronic billboards and directs the administration and Planning Commission to revisit the issue. May 25, 2011 The Planning Commission received a briefing and held a work session. June 22, 2011 The Planning Commission received a briefing and held a work session Sept. 15, 2011 Mailed public hearing notice for the Sept. 28, 2011 Planning Commission meeting. Sept. 16, 2011 Published public hearing notice for the Sept. 28, 2011 Planning Commission meeting in the Salt Lake Tribune. Sept 28, 2011 Planning Commission conducted public hearing and voted to postpone action. Oct 26, 2011 The Planning Commission voted to forward a positive recommendation to the City Council for the text change to the Billboard ordinance that would eliminate the billboard bank, define electronic signs, define where billboards may be relocated and where billboards may be converted to electronic billboards. November 9, 2011 Planning Commission ratified meeting minutes for Oct. 26, 2011. SALT LAKE CITY ORDINANCE No. of 201 (An ordinance amending certain land use provisions of Title 21A (Zoning) of the Salt Lake City Code pertaining to billboards and electronic signs) An ordinance amending certain sections of Title 21A (Zoning) of the Salt Lake City Code pursuant to Petition Nos. PLNPCM2010-00032 and PLNPCM2010-00717 pertaining to the regulation of billboards and electronic signs. WHEREAS, the Salt Lake City Planning Commission ("Planning Commission")held public hearings on September 28, 2011 and October 26, 2011 to consider requests made by Salt Lake City Mayor Ralph Becker (Petition No. PLNPCM2010-00032 and PLNPCM2010-717) to amend the text of certain sections of Title 21A (Zoning)of the Salt Lake City Code regarding billboard and electronic sign regulation; and WHEREAS, at its October 26, 2011 hearing, the.Planning Commission voted in favor of recommending to the City Council of Salt Lake City ("City Council") that the City Council amend the sections of Title 21A of the Salt Lake City Code identified herein; and WHEREAS, after 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 text of Salt Lake City Code section 21A.46.020. That section 21A.46.020 of the Salt Lake City Code (Zoning: Signs: Definitions), shall be, and hereby is, amended to read as follows: 21A.46.020: DEFINITIONS: A. Word Usage Aand Interpretation: 1. In this chapter, the words, terms,phrases and their derivatives shall have the meanings as stated and defined in this chapter. 2. Words not defined in this chapter but defined in chapter 21A.62 of this title, or in the building code as adopted by the city in title 18 of this code, shall have those definitions. B. Defined Terms: For the purposes of this chapter, sign types and related terms shall be defined as follows: A-FRAME SIGN: A temporary and/or portable sign constructed with two (2) sides attached at the top allowing the sign to stand in an upright position. ALTERATION, SIGN: "Sign alteration" means a change or rearrangement of the parts or design of a sign, whether by extending on a side, by increasing in area or height, or the moving from one location or position to another, or adding or deleting words from the copy, or changing the size of the letters or figures comprising the copy. Alterations shall not be interpreted to include changing the text or copy on outdoor advertising signs, theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy. ANIMATED SIGN: A sign, excluding an electronic changeable copy sign, which involves motion or rotation of any part by mechanical or artificial means or which displays flashing or intermittent lights. '"'""eR AWNING: A structure constructed of fabric or metal placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings, with supports extending back to the building, supported entirely by the building. The maximum vertical drape of the front valance is limited to one foot (1'). AWNING SIGN: A sign that is painted on or otherwise made part of the awning material. (See figure 21A.46.020 at the end of this section.) Signage is limited to the vertical portions of the awning; the sides and the front valance. No signage shall protrude beyond the vertical face. BACKLIT AWNING SIGN: A sign made of translucent material with illumination from behind. A backlit awning is considered a form of flat sign and is subject to the regulations thereof. BALLOON: A temporary sign comprised of an inflated nonporous object filled with air or other gas affixed to a building or lot for the purpose of attracting attention. BANNER, PUBLIC EVENT: "Public event banner" means a banner pertaining to festivals or events, as permitted in title 3, chapter 3.50 of this code, which is installed as a temporary sign. BANNER, SECURED: "Secured banner" means a temporary sign intended to be hung on a frame, secured at the top and the bottom on all corners, applied to plastic or fabric of any kind, excluding official flags and emblems of political organizations. BANNER, UNSECURED: "Unsecured banner" means a temporary sign on plastic or fabric of any kind which is not secured in the manner described in the definition of a "secured banner". BENCH SIGN: A sign located on the back of a bench. BILLBOARD (OUTDOOR ADVERTISING SIGN): A form of an off premises sign. A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property where the sign is located. (See figure 21A.46.020 at the end of this section.) BUILDING FACE: Any single side of a building. Signs'regulated by building face can be located on a maximum of four (4) faces of a building. BUILDING OR HOUSE NUMBERS SIGN: A flat sign which identifies the address of the property. BUILDING PLAQUE SIGN: A plaque designating names of buildings, occupants and/or date of erection and other items such as architect, contractor, or others involved in the building's creation, cut into or attached to a building surface and measuring no more than four(4) square feet in area, with a maximum six inch (6") projection from the building. BUILDING SECURITY SIGN: A sign indicating the existence of an electronic or staffed security system on the site or warning against trespass on the site. BUILDING SIGN: Any sign attached to a building and which is not supported by, or attached to,the ground. Examples of building signs include: awning sign; backlit awning sign; building or house numbers sign; building plaque sign; flat sign; marquee sign; nameplate sign; projecting building sign; roof sign; wall sign; window sign. CANOPY: A structure constructed of fabric or other material placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings, with supports extending to the ground as well as attached to the building. CANOPY, DRIVE-THROUGH: "Drive-through canopy" means a freestanding roof structure over drive-through facilities such as a gasoline pump island. CANOPY. DRIVE-THROUGH, SIGN: "Drive-through canopy sign" means a flat sign that is painted or attached to a drive-through canopy which does not extend above or below the canopy facade. CANOPY SIGN: A sign that is painted or otherwise made part of the canopy material. Signage is limited to the vertical portions of the canopy; the sides and the front valance. No signage shall protrude beyond the vertical face. CLEARANCE (Of A Sign): The smallest vertical distance between the grade beneath the sign and the bottom of the sign, including framework and embellishments, extending over that grade. CONSTRUCTION SIGN: A temporary sign identifying the contractor, architect, designer or other affiliated organization responsible for the construction of a new project. DEVELOPMENT ENTRY SIGN: A permanent sign used to identify the main entrance of a development of at least ten(10) acres containing multiple lots and/or multiple (principal) buildings. DIRECTIONAL OR INFORMATIONAL SIGN (PRIVATE): An on premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "entrance", "exit", "parking", "one-way" or similar directional instruction, and which may include the identification of the building or use, but may not include any advertising message. DIRECTORY SIGN: A sign on which the,names and locations of occupants or the ' use of a building or property are identified, but which does not include any advertising message. DWELL TIME: The length of time that elapses between text, images, or graphics on an electronic sign. ELECTRONIC CHANGEABLE COPY SIGN: A sign containing a computer generated message such as a public service, time, temperature and date, or a message center or reader board, where different copy changes of a public service or commercial nature are shown on the same lamp bank or message facility. The term "electronic changeable copy sign" shall not be defined as a type of"animated sign" if the message displayed is fully readable within three (3) seconds. Off-premise messages or advertising are prohibited except as electronic billboards as defined in section 21A.46.160. ELECTRONIC SIGN: Any sign, video display, projected image, or similar device with text, images, or graphics generated by solid state electronic components. Electronic signs include, but are not limited to, signs that use light emitting diodes (LED). plasma displays. fiber optics, or other technology that results in bright. high- resolution text, images, and graphics. EXTERNALLY ILLUMINATED SIGN: A sign made legible in the absence of daylight by devices external to the sign which reflect or project light upon it. FLAG, CORPORATE: "Corporate flag" means a flag identifying the name and/or logo of the business or corporation on the premises where the flag is displayed. FLAG, OFFICIAL: "Official flag" means a flag of a government or governmental agency. FLAT SIGN: A sign erected parallel to and attached to the outside wall of a building and extending not more than twenty four inches (24") from such wall, with messages or copy on the face only. (See figure 21A.46.020 at the end of this section.) FREESTANDING SIGN: A sign supported by one or more upright poles or braces placed in or upon the ground surface and not attached to any building. Examples of freestanding signs are a monument sign and a pole sign. FOOT CANDLE: The English unit of measurement for luminance, which is equal to one lumen, incident upon an area of one square foot. GARAGE/YARD SALE SIGN: A temporary sign on residential property and used to identify a garage or yard sale on the premises. ' GAS PRICE SIGN: An on premises sign advertising the price of gasoline other than the information attached to the gasoline pump. GAS PUMP SIGN: Price, gallons, octane and other customary information relating to gasoline sales appearing on a gasoline pump. GOVERNMENT SIGN: Any temporary or permanent sign erected and maintained for any official governmental purpose. HEIGHT (Of Aa Sign): The largest vertical distance between the highest point of the sign and the grade of the land beneath the sign. When the land slopes down from the street and the sign is located at the setback line, the height is measured from the adjacent street (top of curb). HEIGHT, SIGN FACE: "Sign face height" means the maximum vertical distance between the top and the bottom of a sign face. HISTORICAL MARKER: A type of memorial sign limited in content to the identification of an historical building or structure or the site of an historical event. ILLEGAL SIGN: Any sign erected after the effective date hereof which does not comply with the provisions of these sign regulations, or a sign that was illegal prior to the adoption of said ordinance, that has not been subsequently legalized. ILLUMINANCE: The intensity of light falling on a surface at a defined distance from the source. INTERIOR SIGN: A sign located within the building oriented to the interior space of the building. INTERNALLY ILLUMINATED SIGN: A sign which has characters, letters, figures, designs or outlines internally illuminated by electric lights, luminous tubes or other means as a part of the sign proper. KIOSK: A structure which is used for the posting of temporary signs. LETTER SIGN: A type of flat sign consisting of letters placed directly on the building face. LOGO: A business trademark or symbol. LUMINENCE: The photometric quantity most closely associated with the perception of brightness. Luminance is measured in candelas per square meters or"nits" for purposes of this ordinance. MARQUEE: A permanent roofed structure which extends outward from the face of the building and is designed to meet all provisions of the current Salt Lake City Amok adopted building code and other specifications as outlined in this chapter. Where specifications as outlined in this chapter are different from the provisions of the Salt Lake City adopted building code, the more restrictive shall apply. MARQUEE SIGN: A sign attached to a marquee. (See figure 21A.46.020 at the end of this section.) MEMORIAL SIGN: A sign acknowledging a person, place, event or structure. MONUMENT SIGN: A freestanding sign whose sign face extends to the ground or to a base.(See figure 21A.46.020 at the end of this section.) MOTION: The depiction of movement or change of position of text, images, or graphics. Motion shall include, but not be limited to, visual effects such as dissolving and fading text and images, running sequential text, graphic bursts, lighting that resembles zooming, twinkling, or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding or contracting shapes, and similar actions. NAMEPLATE SIGN: A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises, or indicating a home occupation legally existing on the premises. NEIGHBORHOOD IDENTIFICATION SIGN: A sign located in the public right of way which identifies the name of a particular neighborhood. NEON PUBLIC PARKING SIGN: A standardized parking identification/entry sign as shown in figure 21A.46.020 of this section that is approved under contract with the Salt Lake City transportation division. The sign may be attached to a building as a projecting sign or stand alone as a freestanding sign. NEW DEVELOPMENT SIGN: A temporary sign used to identify a new development being constructed. NITS: A unit of measure of brightness or luminance. One nit is equal to one candela/square meter. NONCONFORMING SIGN: Any sign or structure or portion thereof which was lawfully erected in compliance with applicable regulations of the city and maintained prior to April 12, 1995, and which fails to conform to the sign regulations of this chapter and all other applicable standards and restrictions of this title. OFF PREMISES SIGN: A sign which directs attention to a business, commodity, service, entertainment or attraction sold or offered at a location other than the premises on which the sign is erected. ON PREMISES SIGN: A sign which directs attention to a business, commodity, service, entertainment or attraction sold or offered on the premises on which the sign is erected. OPEN AIR MALL: A building or buildings that are designed to function like a traditional shopping mall, but do not have a ceiling or roof OUTDOOR ADVERTISING SIGN: See definition of"Billboard (Outdoor Advertising Sign)". PARK BANNER SIGN: A banner hung from either an existing light pole standard or on a pole erected specifically for the purpose of accommodating a banner. A park banner sign includes verbiage and/or design that relates to either a permanent venue within a park or provides a means of identifying the specific park itself. A "park banner sign" does not include any banner that contains verbiage or symbols that relate to or otherwise identify a temporary event. POLE SIGN: A freestanding sign other than a monument sign, erected and maintained on a mast(s) or pole(s) and not attached to any building. (See figure 21A.46.020 at the end of this section.) POLITICAL SIGN: A temporary sign advertising a candidate or candidates for public elective office or soliciting.votes in support of or against any proposition or issue at any general, primary, special, school or any other election decided by ballot or a temporary sign expressing political opinion. PORTABLE SIGN: A temporary sign not permanently anchored or secured to either a building or the ground, but usually anchored or secured to a trailer, vehicle (where the primary purpose of the vehicle is to advertise) or frame capable of being moved from place to place. PREMISES: A lot with its appurtenances and buildings that functions as a unit. PROJECTING BUILDING SIGN: A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. PROJECTING BUSINESS STOREFRONT SIGN: A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. Said signs shall contain only the name of the business and/or associated corporate logo. PROJECTING PARKING ENTRY SIGN: A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. Said signs shall contain only the words or symbol signifying the entry to a parking lot or structure. PUBLIC SAFETY SIGN: A sign designed to warn people of potentially dangerous or ` hazardous situations. Forms of public safety signs include: traffic safety signs, electrical hazard warnings, geologic hazard markers, etc. REAL ESTATE SIGN: A temporary sign related to the property upon which it is located and offering such property for sale or lease. ROOF SIGN: A sign erected on the roof of a building and constructed so as to appear as an extension of the building facade. (See figure 21A.46.020 at the end of this section.) SHOPPING CENTER IDENTIFICATION SIGN: A pole, monument or flat sign used to identify a shopping center development consisting of two (2) or more stores. A shopping center identification sign may include electronic or other changeable copy. SIGN: An object, device or structure, or part thereof, situated outdoors or indoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. The term "sign" shall include the sign structure, supports, lighting system and any attachments, ornaments or other features used to ovatiok attract attention. The term "sign" does not include the flag or emblem of any nation, organization of nations, state, county, city; or works of art which in no way identify a product or business logo. SIGN FACE: That part of the sign that is or can be used to identify, to advertise, to communicate information, or for visual representation which attracts the attention of the public for any purpose. The term "sign face" includes any background or surrounding material, panel, trim or ornamentation, color and direct or self- illumination that differentiates the sign from the building, structure, backdrop surface or object upon or against which it is placed. The term "sign face" does not include any portion of the support structure for the sign; provided, that no message, symbol or any of the previously described elements of a sign face is placed on or designed as part of the support structure. See subsection 21A.46.070W of this chapter. SIGN FACE AREA: The surface of the sign face. (See figure 21A.46.020 at the end of this section.) SIGN GRAPHICS: Any lettering, numerals, figures, designs, symbols or other drawings or images used to create a sign. SIGN MAINTENANCE: The maintenance of a sign in a safe, presentable and good condition including the replacement of defective parts, repainting, cleaning, and other acts required for the maintenance of the sign. SIGN MASTER PLAN AGREEMENT: An agreement outlining sign criteria to be used on private property but not oriented to a public street. The criteria should include, but is not limited to, the discussion of types, sizes and materials of construction of signs. SIGN STRUCTURE OR SUPPORT: Any structure that supports or is capable of supporting a sign, including decorative cover. SNIPE SIGN: A sign for which a permit has not been obtained which is attached to a public utility pole, service pole, supports for another sign or fences, trees, etc. SPECIAL EVENT SIGN: A temporary sign accessory to a use that identifies special events or activities. A special event sign shall not include real estate signs, garage/yard sale signs or other types of accessory signs. STADIUM: A confined but open air facility designed to accommodate athletic events or other large gatherings. STOREFRONT: A face of a building fronting on a street or having public pedestrian access. TEMPORARY SIGN: Any exterior sign, banner, pennant, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without light frames, intended to be displayed for a short period of time. Examples of temporary signs include: an A-frame sign; balloon; secured banner; unsecured banner; public event banner; garage/yard sale sign; political sign; real estate sign; special event sign. TWIRL TIME: The time it takes for static text, images, and graphics on an electronic sign to change to a different text, images, or graphics on a subsequent sign face. VEHICULAR SIGN: A sign on a vehicle which is visible from the public right of way where the primary purpose of the vehicle is not to advertise a product or to direct people to a business. VENDING MACHINE SIGN: Any sign fastened to or painted to a vending machine which directly relates to the product contained in the machine. VISIBLE: Capable of being seen, whether or not any item of information is legible, without visual aid, by a person of normal visual acuity. WALL SIGN: A sign that is painted on a building wall containing the name of the business and/or its logo. WINDOW SIGN: A sign inside of or attached to the interior of a transparent glazed surface (window or door) oriented to the outside of the building. A display window that does not include signs shall not be considered a sign. SECTION 2. Amending text of Salt Lake City Code section 21 A.46.070.M. That section 21A.46.070.M of the Salt Lake City Code (Zoning: Signs: General Standards: Roof Signs), shall be, and hereby is, amended to read as follows: M. Roof Signs: Roof signs shall conform to the following standards: 1. The height of the sign face of roof signs shall not exceed twenty percent (20%) of the height of the building or ten feet (10'), whichever is less; 2. No guywires, braces or secondary supports visible from the ground shall be used; 3. Roof signs shall be designed to appear as extensions of the exterior building wall as shown in figure 21A.46.020 of this chapter or be located on the elevator/mechanical penthouse or, on buildings taller than one hundred feet (100'), may be located on blank walls at the highest inhabitable level; and 4. Roof signs shall not exceed the maximum permitted height for the zoning district in which it is located. Amok 5. Electronic signs as roof signs are prohibited. SECTION 3. Amending text of Salt Lake City Code to adopt section 21A.46.070.X. That section 21A.46.070.X of the Salt Lake City Code (Zoning: Signs: General Standards: Electronic Signs), shall be, and hereby is, adopted and shall read as follows: X: Electronic Signs: Electronic signs shall conform to the following standards: 1. Motion. Any motion or appearance of motion of any kind is prohibited on an electronic sign face. Electronic billboards shall have only static text, images, and graphics. 2. Dwell time. Change of the text, image, or display on an electronic sign is limited according to the following size and/or location restrictions: a. Signs over 250 square feet or located on a freeway-(as defined in section 21A.46.160.B) may not change more than once every eight(8) seconds. b. Signs between 100 and 250 square feet may riot change more than once every five (5) seconds. c. Signs less than 100 square feet may not change more than once every three (3) seconds. Twirl time between subsequent text, images, or display shall not exceed 0.25 seconds. 3. Brightness. The illumination of any electronic sign shall not increase the ambient lighting level more than three-tenths (0.3) foot candle when measured by a foot candle meter. perpendicular to the electronic face, at a distance defined by the following formula: Measurement Distance =the square root of. the Area of Sian Square Footage x 100. 4. Size. Individual zoning districts define maximum sign size, the maximum portion of the signs that are allowed to be electronic, as opposed to a static image, shall be as follows: a. Sixty percent of the sign face in CS and CC zoning districts. b. Eighty percent of the sign face in the Downtown and Gateway districts. c. One hundred percent of the sign face in Airport A. Manufacturing M and General Commercial CG zoning districts. d. Forty percent of the total sign face in all other zoning districts. e. Electronic billboards as defined in section 21A.46.160 are allowed one hundred percent of the sign face to be electronic in those zoning districts where electronic billboards are permitted. 5. Display period. Electronic signs may not be illuminated or lit between the hours of midnight and 6 a.m if they are located within 600 Feet of a residential, zoning district, unless the business on the site is actually open for business during those hours. 6. Public safety. a. All text and images must be of a size and shape to not cause drivers to reduce speed or pause in order to comprehend the message. b. Serial messages that require multiple passes or multiple signs to comprehend the message are prohibited. c. Electronic signs located in an Airport Influence Overlay zone are subject to Airport restrictions regarding lighting. 7. Controls. a. All electronic signs shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sigh's brightness and display period as provided above. b. Prior to approval of any permit for to operate an electronic sign. the applicant shall certify that the sign has been tested and complies with the motion, dwell time, brightness, and other requirements herein. c. The owner and/or operator of an'electronic sign shall submit an annual report to the city certifying that the sign complies with the motion, dwell time, brightness, and other requirements herein. d. The City has the right to verify, or receive additional verification, upon request. 8. Prohibition: All electronic signs not confirming to the above standards are prohibited. Electronic signs are prohibited in Historic Districts or on Historic Landmark structures unless specifically authorized by the Historic Landmark Commission. Electronic signs as Roof signs are prohibited. SECTION 4. Amending text of Salt Lake City Code section 21A.46.160. That section 21A.46.160 of the Salt Lake City Code (Zoning: Signs: Billboards), shall be, and hereby is, amended to read as follows: 21A.46.160: BILLBOARDS: A. Purpose Statement: This chapter is intended to limit and reduce the maximum number of billboards in Salt Lake City to no greater than the current number. This chapter further provides reasonable processes and methods for the replacement or relocation of existing nonconforming billboards to areas of the city where they will have less negative impact on the goals and policies of the city which promote the enhancement of the city's gateways, views, vistas and related urban design elements of the city's master plans. B. Definitions: BILLBOARD: A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property where the sign is located. BIT T BOAAD B ANK: �+ accountings tem established b. tL ci+ ♦ 1 ♦ . 1 f t4 .........�.....���..i� L�....i. �i.............ii�...b .��.��vaia v.��uvia.�u�.0 v� ui�. �.i��'�.v icc.�.Y-crun.c-yr-cric number and square footage of nonconforming billboards removed pursuant to this chapter. BILLBOARD CREDIT: An entry into a billboard owner's billboard bank account that shows the number and square footage of demolished nonconforming billboards. BILLBOARD OWNER: The owner of a billboard in Salt Lake City. BOULEVARD: the following streets are designated Boulevards for billboard regulation purposes: 1. 5600 West; 2. 2100 South Street/Parleys Way from Interstate 15 to Foothill Boulevard; 3. Foothill Drive/400-500 South from 1000 East to Interstate 80; 4. 400 South from Redwood Road to 1000 East (excluding Special Gateway); 5. 300 West from 900 North to 900 South; 6. North Temple from State Street to Interstate 80 (excluding Special Gateway); 7. State Street from North Temple to 2100 South Street (excluding Special Gateway): 8. Main Street from South Temple to 2100 South (excluding Special Gateway): 9. 7200 West: 10. 500 South from 300 West to 700 East: 11. 600 South from 200 West to 700 East; 12. 700 East: 13. 1300 South/California from Redwood Road to its eastern terminus. CITY ENTRY: The following streets are designated City entries for billboard regulation purposes: 1. 400 South from Interstate 15 to 300 West; 2. 500 South from Interstate 15 to 300 West; including the on-ramp portions of I-15 from 500 west to 500 feet after the connection of travel lanes onto the main traveled freeway: 3. 600 South from Interstate 15 to 200 West; Including the off-ramp portion of I-15 beginning 500 feet before the separation of travel lanes from the main traveled freeway; 4. 600 North from 800 West to 300 West; 5. 900 South I-15 off/on-ramp from Brooklyn Avenue to West Temple. ELECTRONIC CONVERSION: The process of changing a billboard face from static copy to electronically changeable copy. EXISTING BILLBOARD: A billboard which was constructed, maintained and in use or for which a permit for construction was issued as of July 13, 1993. A billboard that does not comply with current zoning but was lawfully erected and complies with all other applicable local and state regulations. ELECTRONIC BILLBOARD: A form of electronic sign displaying off-premise advertising. FREEWAY: The following streets are classified as freeways for billboard regulation purposes: 1. Interstate 80; 2. Interstate 215: 3. Interstate 15; 4. State Route 201/The 2100 South Expressway: 5. Mountain View Corridor; 6. Bangerter Highway/4000 West. Excluding all portions of any freeway on/off ramps defined as being City entry streets. GATEWAY: The following categories of streets or highways within Salt Lake City: Freeway, City Entry, Special Gateway and Boulevard streets. 4-- Interstate 80; ?- Interstate 215; 3- Interstate 15; 4— 4 000 West; 5-- 5600 West; 6- 2100 South Street from Interstate 15 to 1300 East; The 2100 South Expressway from I 15 west to the city limit; 8— Foothill Drive from Guardsman Way to Interstate 80; 9-- 4400 South from Interstate 15 to 800 East 10. 500 South from Interstate 15 to 700 East; 11. 600 South from Interstate 15 to 700 East; 12. 300 West from 900 North to 900 South; "" "`'13. North Temple from Main Street to Interstate S0; 11. Main Street from North Temple to 2100 South Street; 15. State Street from South Temple to 2100 South; and 16. 600 North from 800 West to 300 West. GRANARY DISTRICT EXCLUSION AREA: The CG General Commercial properties located between 300 West to I-15 and 200 South to the 900 South off/on-ramp; which are identified to be rezoned mixed-use according to the Gateway Master Plan. NEW BILLBOARD: A billboard for which a permit to construct is issued after December 31, 1993. NONCONFORMING BILLBOARD: An existing billboard which is located in a zoning district or otherwise situated in a way which would not be permitted by the provisions of this chapter. SPECIAL GATEWAY: The following streets or highways within Salt Lake City: 1. North Temple between 600 West and 2200 West; 2. 400 South between 200 East and 800 East; 3. State Street between 600 South and 2100 South; and 4. Main Street between 600 South and 2100 South. TEMPORARY EMBELLISHMENT: An extension of the billboard resulting in increased square footage as part of an artistic design to convey a specific message or advertisement. UTAH-FEDERAL AGREEMENT: The agreement entered into between the Governor of the State of Utah and the Secretary of Transportation of the United States, dated January 18, 1968 as ratified and approved in the Utah code. C. T imit -1ze-T-etal-N m - GfB l>b ards: No greater nu fbilbboards shall be allowed in Salt Lake City than the number of existing billboards.New Billboards Prohibited: New Billboards, including any increase in square footage, or additions of another face are prohibited in Salt Lake City. D. Relocation of Billboards: Existing billboards may be relocated as mandated by the requirements of Utah State law if consistent with the Utah-Federal Agreement. 1. Additionally, billboards may be relocated from any zoning district to Manufacturing and CG General Commercial zoning districts with the restriction that they are not oriented towards. or located within 600 feet of a gateway street or a residential zoning, district or located in the Granary District Exclusion Area. 2. Billboards may also be relocated as outlined in subsection R in conjunction with a conversion to an electronic billboard. DE. Permit Required Ffor Removal 9of Nonconforming Billboards: 1. Permit: Nonconforming billboards may be removed by the billboard owner only after obtaining a permit for the demolition of the nonconforming billboard. 2. Application: Application for demolition shall be on a form provided by the zoning administrator. 3. Fee: The fee for demolishing a nonconforming billboard shall be one hundred eleven dollars ($111.00). E. Credits For Nonconforming Billboard Removal: After a nonconforming billboard is demolished pursuant to a permit issued under subsection Dl of this section, or its account shall show the date of the removal and the zoning district of the demolished credit. F- Priority For Removal Of Nonconforming Billboards: Nonconforming billboards shall be removed subject to the following priority schedule: D 3 and D 4 shall be removed first; B lll, ,ards in districts z e � a f-N CB g te., ay G M T GG . f H a �- b 4- A billboard owner may demolish nonconforming billboar-ds-of-a4oweFprierity-befere removing billboards in a higher priority; however, the-billboard credits€er removing the lower priority billboard shall not become effective for use in constructing a new billboard until two (2) billboards specified in subsection-Fl of this section, or its .successor, with a total square footage equal to or greater than the lower priority billboard, arc credited in the billboard owner's billboard bank account. If a billboard owner has no subsection Fl of this section, or its successor, nonconforming billboards, two (2) subsection F2 of this section, or its successor-, prior-icy billboards billboard credits of a subsection F3 of this section, or its successor, billboard to allow the construction of a new billboard. For the purposes of this section, the two (2) higher priority billboards credited in the billboard bank account can be used-only once to effectuate-the billboard credits for a lower priority billboard. G. Life Of Billboard Credits: Any billboard credits not used within th4t4y six{36)months of their creation shall expire and be of no further value or use except that lower priority credits effectuated pursuant to subsection Fl of this section, or its successor, shall expire and be of no further value . use Wit-hill siy(69) months of their initial creation. H. Billboard Credits Transferable:Abed-ewn el-1 otherwise-transf,a because of the priority provisions of subsection F of this section, or its successor, shall not become effective for their new owner until they would have become effective €er-the original owner. The transfer of any billboard credits do not extend their thirty six (36) month life provided in subsection G of this section, or its successor. L Double Faced Billboards: Demolition of a nonconforming billboard that has two (2) advertising f shall rec lllboar-d edits for the s ea �a a� t b only as one billboard. JF. New Billboard Construction: It is unlawful to construct a new billboard other than pursuant to the terms of this chapter. In the event of a conflict between this chapter and any other provision in this code, the provisions of this chapter shall prevail. G. Billboard Enlargement: Any increase in square footage of a billboard. including adding an additional face to a one sided billboard is prohibited. K'Permed-Zoning-Districts ew bil-lbo rds may be constructed only in the area identified on the official billboard map. LH. New Billboard Relocation or Remodeling Permits: 1. Application: Anyone desiring to construct relocate or remodel a new billboard shall file an application on a form provided by the zoning administrator. 2. Fees: The fees for a new billboard construction-permit to relocate or remodel a billboard shall be: a. Building permit and plan review fees required by the uniform building code as adopted by the city; and b. Inspection tag fees according to the fee schedule or its successor. M-Use Of Billboard Credits: -l— A new billboard permit shall only-be issued if the applicant has bilTheard credits of a sufficient number of square feet and billboards to-allow construeti-en-of the new billboard. 2-- When the permit for the construction of a new billboard is issued, the zoning administrator shalt deduct f the billboard o er's billboard bank account: a- The square footage of the new billboard; and b- billboard construction. If the new billboard uses less than the entire available billboard credits considering remain in the billboard bank. NI. New Billboards Prohibited Oon Gateways: Except as provided in subsection 0-D of this section, or its successor, no new billboard may be constructed within six hundred feet (600') of the right of way of any gateway street. J. Changeable copySpecial Gateway Provisions: b b b district equal to or less restrictive than that from which the nonconforming billboard was removed and subject to subsections P, Q, R and S of this section, provided that the size of the new billboard does not exceed the amount of billboard credits in the special gateway billboard bank. 2— The demolition of a nonconforming billboard pursuant to this section shall not accrue billboard credits within the general billboard bank. Credits for a billboard demolished or constructed within a special gateway shall be tracked within a separate bank account for uch special gated pe t fer tie ee tr=uction of-a ne b oard pursuant to this section must be taken out within thirty six (36) months of the demolition of the nonconforming billboard_.. Copy may not be changed more often than once every twenty four (24) hours. except electronic billboards. PK. Maximum Size: The maximum size of the advertising area of any new billboard shall not exceed fifteen feet (15') in height and fifty feet (50') in width. QL. Temporary Embellishments: Temporary embellishments shall not exceed ten percent (10%) of the advertising face of-any-bi' eafdand al not-exceed five feet (5') in height above the billboard structure. 2. No temporary embellishment shall be maintained on a billboard more than twelve (12) months,- Temporary Embellishments are prohibited. RM. Height: The highest point of any new billboard,billboard excluding temporary embellishments shall not be more than: 4— Forty five feet(45') above the existing grade; or the maximum height for a pole sign in the applicable zoning district, whichever is less, unless otherwise mandated by State law or modified according to subsection 0.3. 2, If-a-srreet-within-ene-hundred-feet-(4429-4-the-bilibeardTmeasured-frein-the-st-reet-at the point at which the-billboard is-perpendicular tw +he J+r,et i` on d•ff r nt ^ a than the new billboard, twenty five feet(25') o=eR.pavement elevation of the street. 3- If the provisions of subsection Q efth;s secti^ its „t ct + b SN. Minimum Setback Requirements: All freestanding billboards shall be subject to pole sign setback requirements listed for the district in which the billboard is located. In the absence of setback standards for a particular district, freestanding billboards shall maintain a setback of not less than five feet(5') from the front or corner side lot line. This setback requirement shall be applied to all parts of the billboard, not just the sign support structure. TO. Spacing: 1. Small Signs: Billboards with an advertising face three hundred (300) square feet or less in size shall not be located closer than three hundred (300) linear feet from any other small billboard or eight hundred feet (800') from a large billboard on the same side of the street; 2. Large Signs: Billboards with an advertising face greater than three hundred (300) square feet in size shall not be located closer than eight hundred (800) linear feet from any other billboard, small or large, on the same side of the street. 3. Spacing and height for billboards fully integrated into the architecture of a building and not free standing, may be modified by the Planning Commission as a Conditional Building and Site Design Review as outlined in section 21A.59. as long as such modifications are consistent with State Law. 4. Signs may not be located on an interstate highway or limited access highway on the primary system within 500 feet of an interchange, or intersection at grade. or rest area measured along the interstate highway or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way. P. Lighting: Nighttime illumination of billboards may not glare directly onto the roadway or sidewalk or across property lines. Billboards located within Residential, Mixed-Use, CN or CB zoning districts may not be illuminated or lit between the hours of midnight and 6 am. Billboards located in an Airport Influence Overlay zone are subject to Airport restrictions regarding lighting. Q. Electronic Billboards: Electronic Billboards are subject to the criteria for electronic signs outlined in 21A.46.070. X. R. Conversion of existing billboards to electronic billboards: Conversion: Conversion of a billboard to an electronic billboard is prohibited except under the following conditions: 1. CG and M zoning Districts: Billboards located within the General Commercial or Manufacturing zoning districts may be converted to electronic billboards as long as they are not located within 600 feet of any Gateway street nor located within the Granary District Exclusion area, provided that anamount of billboard square footage equivalent to the size of the billboard being converted is removed elsewhere in the City and provided it meets all other requirements of this chapter. 2. Freeways: Billboards on Freeways may be converted to electronic provided that they are located in a CG General Commercial or Manufacturing zoning district and not located within the Granary District Exclusion area, and an equivalent amount of square footage is being removed from a City Entry Street, Boulevard Street, residential zoning district,Neighborhood Commercial CN zoning district or Business Commercial CB zoning district and provided it meets all other requirements of this chapter. 3. Billboards may also be converted in connection with a relocation of the billboard as follows: a. Downtown and Gateway Districts: Billboards located within the Downtown or Gateway zoning districts may be relocated within the same zoning district, subject to all spacing and height regulations, and converted to electronic as long as an equivalent number of square footage is removed elsewhere in the City from any Gateway Street, residential zoning district or Neighborhood Commercial CN zoning district or Business Commercial CB zoning district andprovided it meets all other requirements of this chapter and the electronic billboard is not freestanding but is fully integrated into the architecture of a building and provided it meets all other requirements of this chapter. b. Special Gateway Street: Billboards located on Special Gateway Streets may be relocated within the same special gateway and converted to electronic as long as Aims an equivalent number of square footage is removed from any Gateway Street. residential zoning district,Neighborhood Commercial CN zoning district or Business Commercial CB zoning district and provided it meets all other requirements of this chapter and the electronic billboard is not freestanding but is fully integrated into the architecture of a building and provided it meets all other requirements of this chapter. c. R Residential, CN and CB zoning districts and Gateway Streets: Billboards located in a residential or CN Neighborhood Commercial or CB Business Commercial zoning district or any Gateway street may be relocated to a CG or M zoning district according to subsection D.1 and may be converted to electronic on a one square foot per one square foot basis, provided it meets all other requirements of this chapter. 4. Prohibition: Strict prohibition of conversion to electronic: a. Conversion of any billboard non-conforming to state or the Utah-Federal Agreement spacing is specifically prohibited. b. Conversion in any residential or Neighborhood Commercial CN or Business Commercial CB zoning district is specifically prohibited. c. Conversion of any billboard located on a City Entry street or a Boulevard street is specifically prohibited. US. Landscaping En Residential Aand Commercial CN Aand CB Zoning Districts: Properties in any residential zone and commercial CN or CB zones on which a billboard is the only structure shall be landscaped as required by sections 21A.26.020 and 21A.26.030 and chapter 21A.48 of this title, or its successor chapter. No portion of such property shall be hard or gravel surfaced. VT. Landscaping lain Other Zoning Districts: Property in all districts other than as specified in subsection U of this section, or its successor subsection, upon which a billboard is the only structure, shall be landscaped from the front of the property to the deepest interior point of the billboard for fifty (50) linear feet along the street frontage distributed, to the maximum extent possible, evenly on each side of the billboard. WU. Xeriscape Alternative: If all the properties adjacent to and across any street from the property for which billboard landscaping is required pursuant to subsection V of this section, or its successor subsection, are not developed or, if a water line for irrigation does not exist on the property or in the street right of way adjacent to such property, the zoning administrator may authorize Xeriscaping as an alternative for the required landscaping. XV. Existing Billboard Landscaping: Existing billboards shall comply with the landscaping provisions of this section on or before January 1, 1996. YW. Compliance Wwith Tree Stewardship Ordinance: Construction, demolition or maintenance of billboards shall comply with the provisions of the Salt Lake City tree stewardship ordinance and the Tree Protection ordinance. Z . Subdivision Registration: To the extent that the lease or other acquisition of land for the site of a new billboard may be determined to be a subdivision pursuant to state statute no subdivision plat shall be required and the zoning administrator is authorized to approve, make minor subsequent amendments to, and record as necessary, such subdivision. Y. Enforcement: Any illegal billboard and any violation of the requirements of this subsection are subject to enforcement pursuant to SLC code Chapter 21A.20. Z. Severability: If any section, sentence, paragraph, term, definition or provision of this section is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term, definition or provision of this chapter, all of which will remain in full force and effect: except subsections D.1. D.2 and R. 1. R.2 & R.3, which will be deemed repealed. .001 1— Applicability: The provisions of this section shall apply to specified billboards located: a- Four (1) existing billboards between 1500 North and 1800 North adjacent to the west side of Interstate 15; and b— One existing billboard on the east side of Victory Road at approximately 1 100 North. General Applicability: Except as modified by this section, all other provisions of this chapter shall apply to the five (5) specified billboards. 3- Special Priority: The five (5) specified billboards shall be considered as gateway billboards for the purposes of the priority provisions of subsection F of this section, or its successor subsection. 4- Landscaping: The five (5) specified billboards shall be landscaped pursuant to the provisions of subsection V of this section, or its successor subsection- BB. State Mandated Relocation Of Billboards: Except as otherwise authorized herein, existing billboards may not be relocated except as mandated by the requirements of Utah state law. SECTION 5. 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 201 . • CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of 201_. Published: HB_ATTY- 20722-v1-0idinance_amending_billboard_and_electronic_sign_legs DOC SALT LAKE CITY ORDINANCE No. of 201 (An ordinance amending certain land use provisions of Title 21A (Zoning) of the Salt Lake City Code pertaining to billboards and electronic signs) An ordinance amending certain sections of Title 21A(Zoning) of the Salt Lake City Code pursuant to Petition Nos. PLNPCM2010-00032 and PLNPCM2010-00717 pertaining to the regulation of billboards and electronic signs. WHEREAS, the Salt Lake City Planning Commission ("Planning Commission")held public hearings on September 28, 2011 and October 26, 2011 to consider requests made by Salt Lake City Mayor Ralph Becker(Petition No. PLNPCM2010-00032 and PLNPCM2010-717) to amend the text of certain sections of Title 21A (Zoning) of the Salt Lake City Code regarding billboard and electronic sign regulation; and WHEREAS, at its October 26, 2011 hearing, the Planning Commission voted in favor of recommending to the City Council of Salt Lake City ("City Council") that the City Council amend the sections of Title 21A of the Salt Lake City Code identified herein; and WHEREAS, after 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 text of Salt Lake City Code section 21A.46.020. That section 21A.46.020 of the Salt Lake City Code (Zoning: Signs: Definitions), shall be, and hereby is, amended to read as follows: 21A.46.020: DEFINITIONS: A. Word Usage and Interpretation: 1. In this chapter, the words,terms,phrases and their derivatives shall have the meanings as stated and defined in this chapter. 2. Words not defined in this chapter but defined in chapter 21A.62 of this title, or in the building code as adopted by the city in title 18 of this code, shall have those definitions. B. Defined Terms: For the purposes of this chapter, sign types and related terms shall be defined as follows: A-FRAME SIGN: A temporary and/or portable sign constructed with two (2) sides attached at the top allowing the sign to stand in an upright position. ALTERATION, SIGN: "Sign alteration" means a change or rearrangement of the parts or design of a sign, whether by extending on a side, by increasing in area or height, or the moving from one location or position to another, or adding or deleting words from the copy, or changing the size of the letters or figures comprising the copy. Alterations shall not be interpreted to include changing the text or copy on outdoor advertising signs, theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy. ANIMATED SIGN: A sign, excluding an electronic changeable copy sign, which involves motion or rotation of any part by mechanical or artificial means or which „, ik displays flashing or intermittent lights. AWNING: A structure constructed of fabric or metal placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings, with supports extending back to the building, supported entirely by the building. The maximum vertical drape of the front valance is limited to one foot (1'). AWNING SIGN: A sign that is painted on or otherwise made part of the awning material. (See figure 21A.46.020 at the end of this section.) Signage is limited to the vertical portions of the awning; the sides and the front valance. No signage shall protrude beyond the vertical face. BACKLIT AWNING SIGN: A sign made of translucent material with illumination from behind. A backlit awning is considered a form of flat sign and is subject to the regulations thereof. BALLOON: A temporary sign comprised of an inflated nonporous object filled with air or other gas affixed to a building or lot for the purpose of attracting attention. BANNER, PUBLIC EVENT: "Public event banner" means a banner pertaining to festivals or events, as permitted in title 3, chapter 3.50 of this code, which is installed as a temporary sign. — BANNER, SECURED: "Secured banner" means a temporary sign intended to be hung on a frame, secured at the top and the bottom on all corners, applied to plastic or fabric of any kind, excluding official flags and emblems of political organizations. BANNER, UNSECURED: "Unsecured banner" means a temporary sign on plastic or fabric of any kind which is not secured in the manner described in the definition of a "secured banner". BENCH SIGN: A sign located on the back of a bench. BILLBOARD (OUTDOOR ADVERTISING SIGN): A form of an off premises sign. A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business,product or service that is not sold, offered or existing on the property where the sign is located. (See figure 21A.46.020 at the end of this section.) BUILDING FACE: Any single side of a building. Signs regulated by building face can be located on a maximum of four(4) faces of a building. BUILDING OR HOUSE NUMBERS SIGN: A flat sign which identifies the address of the property. BUILDING PLAQUE SIGN: A plaque designating names of buildings, occupants and/or date of erection and other items such as architect, contractor, or others involved in the building's creation, cut into or attached to a building surface and measuring no more than four (4) square feet in area, with a maximum six inch (6") projection from the building. BUILDING SECURITY SIGN: A sign indicating the existence of an electronic or staffed security system on the site or warning against trespass on the site. BUILDING SIGN: Any sign attached to a building and which is not supported by, or attached to, the ground. Examples of building signs include: awning sign; backlit awning sign; building or house numbers sign; building plaque sign; flat sign; marquee sign; nameplate sign; projecting building sign; roof sign; wall sign; window sign. CANOPY: A structure constructed of fabric or other material placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings, with supports extending to the ground as well as attached to the building. CANOPY, DRIVE-THROUGH: "Drive-through canopy" means a freestanding roof structure over drive-through facilities such as a gasoline pump island. CANOPY, DRIVE-THROUGH, SIGN: "Drive-through canopy sign" means a flat sign that is painted or attached to a drive-through canopy which does not extend above or below the canopy facade. CANOPY SIGN: A sign that is painted or otherwise made part of the canopy material. Signage is limited to the vertical portions of the canopy; the sides and the front valance. No signage shall protrude beyond the vertical face. CLEARANCE (Of A Sign): The smallest vertical distance between the grade beneath the sign and the bottom of the sign, including framework and embellishments, extending over that grade. CONSTRUCTION SIGN: A temporary sign identifying the contractor, architect, designer or other affiliated organization responsible for the construction of a new project. DEVELOPMENT ENTRY SIGN: A permanent sign used to identify the main entrance of a development of at least ten(10) acres containing multiple lots and/or multiple (principal) buildings. DIRECTIONAL OR INFORMATIONAL SIGN (PRIVATE): An on premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "entrance", "exit", "parking", "one-way" or similar directional instruction, and which may include the identification of the building or use, but may not include any advertising message. DIRECTORY SIGN: A sign on which the names and locations of occupants or the use of a building or property are identified, but which does not include any advertising message. DWELL TIME: The length of time that elapses between text, images, or graphics on an electronic sign. ELECTRONIC CHANGEABLE COPY SIGN: A sign containing a computer generated message such as a public service, time, temperature and date, or a message center or reader board, where different copy changes of a public service or commercial nature are shown on the same lamp bank or message facility. The term "electronic changeable copy sign" shall not be defined as a type of"animated sign" if the message displayed is fully readable within three (3) seconds. Off-premise messages or advertising are prohibited except as electronic billboards as defined in section 21A.46.160. ELECTRONIC SIGN: Any sign, video display, projected image, or similar device with text, images, or graphics generated by solid state electronic components. Electronic signs include, but are not limited to, signs that use light emitting diodes (LED), plasma displays, fiber optics, or other technology that results in bright, high- resolution text, images, and graphics. EXTERNALLY ILLUMINATED SIGN: A sign made legible in the absence of daylight by devices external to the sign which reflect or project light upon it. FLAG, CORPORATE: "Corporate flag" means a flag identifying the name and/or logo of the business or corporation on the premises where the flag is displayed. FLAG, OFFICIAL: "Official flag" means a flag of a government or governmental agency. FLAT SIGN: A sign erected parallel to and attached to the outside wall of a building and extending not more than twenty four inches (24") from such wall, with messages or copy on the face only. (See figure 21A.46.020 at the end of this section.) FREESTANDING SIGN: A sign supported by one or more upright poles or braces placed in or upon the ground surface and not attached to any building. Examples of freestanding signs are a monument sign and a pole sign. FOOT CANDLE: The English unit of measurement for luminence, which is equal to one lumen, incident upon an area of one square foot. GARAGE/YARD SALE SIGN: A temporary sign on residential property and used to identify a garage or yard sale on the premises. GAS PRICE SIGN: An on premises sign advertising the price of gasoline other than the information attached to the gasoline pump. GAS PUMP SIGN: Price, gallons, octane and other customary information relating to gasoline sales appearing on a gasoline pump. GOVERNMENT SIGN: Any temporary or permanent sign erected and maintained for any official governmental purpose. HEIGHT (Of a Sign): The largest vertical distance between the highest point of the sign and the grade of the land beneath the sign. When the land slopes down from the street and the sign is located at the setback line, the height is measured from the adjacent street (top of curb). HEIGHT, SIGN FACE: "Sign face height" means the maximum vertical distance between the top and the bottom of a sign face. HISTORICAL MARKER: A type of memorial sign limited in content to the identification of an historical building or structure or the site of an historical event. ILLEGAL SIGN: Any sign erected after the effective date hereof which does not comply with the provisions of these sign regulations, or a sign that was illegal prior to the adoption of said ordinance, that has not been subsequently legalized. ILLUMINANCE: The intensity of light falling on a surface at a defined distance from , the source. INTERIOR SIGN: A sign located within the building oriented to the interior space of the building. INTERNALLY ILLUMINATED SIGN: A sign which has characters, letters, figures, designs or outlines internally illuminated by electric lights, luminous tubes or other means as a part of the sign proper. KIOSK: A structure which is used for the posting of temporary signs. LETTER SIGN: A type of flat sign consisting of letters placed directly on the building face. LOGO: A business trademark or symbol. LUMINENCE: The photometric quantity most closely associated with the perception of brightness. Luminance is measured in candelas per square meters or"nits" for purposes of this ordinance. MARQUEE: A permanent roofed structure which extends outward from the face of the building and is designed to meet all provisions of the current Salt Lake City ,41011114k adopted building code and other specifications as outlined in this chapter. Where specifications as outlined in this chapter are different from the provisions of the Salt Lake City adopted building code, the more restrictive shall apply. MARQUEE SIGN: A sign attached to a marquee. (See figure 21A.46.020 at the end of this section.) MEMORIAL SIGN: A sign acknowledging a person,place, event or structure. MONUMENT SIGN: A freestanding sign whose sign face extends to the ground or to a base. (See figure 21A.46.020 at the end of this section.) MOTION: The depiction of movement or change of position of text, images, or graphics. Motion shall include, but not be limited to, visual effects such as dissolving and fading text and images,running sequential text, graphic bursts, lighting that resembles zooming, twinkling, or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding or contracting shapes, and similar actions. NAMEPLATE SIGN: A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises, or indicating a home occupation legally existing on the premises. ,000, NEIGHBORHOOD IDENTIFICATION SIGN: A sign located in the public right of way which identifies the name of a particular neighborhood. NEON PUBLIC PARKING SIGN: A standardized parking identification/entry sign as shown in figure 21A.46.020 of this section that is approved under contract with the Salt Lake City transportation division. The sign may be attached to a building as a projecting sign or stand alone as a freestanding sign. NEW DEVELOPMENT SIGN: A temporary sign used to identify a new development being constructed. NITS: A unit of measure of brightness or luminance. One nit is equal to one candela/square meter. NONCONFORMING SIGN: Any sign or structure or portion thereof which was lawfully erected in compliance with applicable regulations of the city and maintained prior to April 12, 1995, and which fails to conform to the sign regulations of this chapter and all other applicable standards and restrictions of this title. OFF PREMISES SIGN: A sign which directs attention to a business, commodity, service, entertainment or attraction sold or offered at a location other than the premises on which the sign is erected. ON PREMISES SIGN: A sign which directs attention to a business, commodity, service, entertainment or attraction sold or offered on the premises on which the sign is erected. OPEN AIR MALL: A building or buildings that are designed to function like a traditional shopping mall, but do not have a ceiling or roof. OUTDOOR ADVERTISING SIGN: See definition of"Billboard (Outdoor Advertising Sign)". PARK BANNER SIGN: A banner hung from either an existing light pole standard or on a pole erected specifically for the purpose of accommodating a banner. A park banner sign includes verbiage and/or design that relates to either a permanent venue within a park or provides a means of identifying the specific park itself. A "park banner sign" does not include any banner that contains verbiage or symbols that relate to or otherwise identify a temporary event. POLE SIGN: A freestanding sign other than a monument sign, erected and maintained on a mast(s) or pole(s) and not attached to any building. (See figure 21A.46.020 at the end of this section.) POLITICAL SIGN: A temporary sign advertising a candidate or candidates for public elective office or soliciting votes in support of or against any proposition or issue at any general, primary, special, school or any other election decided by ballot or a �. temporary sign expressing political opinion. PORTABLE SIGN: A temporary sign not permanently anchored or secured to either a building or the ground, but usually anchored or secured to a trailer, vehicle (where the primary purpose of the vehicle is to advertise) or frame capable of being moved from place to place. PREMISES: A lot with its appurtenances and buildings that functions as a unit. PROJECTING BUILDING SIGN: A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. PROJECTING BUSINESS STOREFRONT SIGN: A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. Said signs shall contain only the name of the business and/or associated corporate logo. PROJECTING PARKING ENTRY SIGN: A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. Said signs shall contain only the words or symbol signifying the entry to a parking lot or structure. PUBLIC SAFETY SIGN: A sign designed to warn people of potentially dangerous or hazardous situations. Forms of public safety signs include: traffic safety signs, electrical hazard warnings, geologic hazard markers, etc. REAL ESTATE SIGN: A temporary sign related to the property upon which it is located and offering such property for sale or lease. ROOF SIGN: A sign erected on the roof of a building and constructed so as to appear as an extension of the building facade. (See figure 21A.46.020 at the end of this section.) SHOPPING CENTER IDENTIFICATION SIGN: A pole, monument or flat sign used to identify a shopping center development consisting of two (2) or more stores. A shopping center identification sign may include electronic or other changeable copy. SIGN: An object, device or structure, or part thereof, situated outdoors or indoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business,product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. The term "sign" shall include the sign structure, supports, lighting system and any attachments, ornaments or other features used to attract attention. The term "sign" does not include the flag or emblem of any nation, organization of nations, state, county, city; or works of art which in no way identify a product or business logo. SIGN FACE: That part of the sign that is or can be used to identify,to advertise, to communicate information, or for visual representation which attracts the attention of the public for any purpose. The term "sign face" includes any background or surrounding material, panel, trim or ornamentation, color and direct or self- illumination that differentiates the sign from the building, structure, backdrop surface or object upon or against which it is placed. The term "sign face" does not include any portion of the support structure for the sign; provided,that no message, symbol or any of the previously described elements of a sign face is placed on or designed as part of the support structure. See subsection 21A.46.070W of this chapter. SIGN FACE AREA: The surface of the sign face. (See figure 21A.46.020 at the end of this section.) SIGN GRAPHICS: Any lettering, numerals, figures, designs, symbols or other drawings or images used to create a sign. SIGN MAINTENANCE: The maintenance of a sign in a safe, presentable and good condition including the replacement of defective parts, repainting, cleaning, and other acts required for the maintenance of the sign. SIGN MASTER PLAN AGREEMENT: An agreement outlining sign criteria to be used on private property but not oriented to a public street. The criteria should include, but is not limited to, the discussion of types, sizes and materials of construction of signs. SIGN STRUCTURE OR SUPPORT: Any structure that supports or is capable of supporting a sign, including decorative cover. SNIPE SIGN: A sign for which a permit has not been obtained which is attached to a public utility pole, service pole, supports for another sign or fences, trees, etc. SPECIAL EVENT SIGN: A temporary sign accessory to a use that identifies special events or activities. A special event sign shall not include real estate signs, garage/yard sale signs or other types of accessory signs. STADIUM: A confined but open air facility designed to accommodate athletic events or other large gatherings. STOREFRONT: A face of a building fronting on a street or having public pedestrian access. TEMPORARY SIGN: Any exterior sign, banner, pennant, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without light frames, intended to be displayed for a short period of time. Examples of temporary signs include: an A-frame sign; balloon; secured banner; unsecured banner; public event banner; garage/yard sale sign; political sign; real estate sign; special event sign. TWIRL TIME: The time it takes for static text, images, and graphics on an electronic sign to change to a different text, images, or graphics on a subsequent sign face. VEHICULAR SIGN: A sign on a vehicle which is visible from the public right of way where the primary purpose of the vehicle is not to advertise a product or to direct people to a business. VENDING MACHINE SIGN: Any sign fastened to or painted to a vending machine which directly relates to the product contained in the machine. VISIBLE: Capable of being seen, whether or not any item of information is legible, without visual aid, by a person of normal visual acuity. WALL SIGN: A sign that is painted on a building wall containing the name of the business and/or its logo. WINDOW SIGN: A sign inside of or attached to the interior of a transparent glazed surface (window or door) oriented to the outside of the building. A display window that does not include signs shall not be considered a sign. SECTION 2. Amending text of Salt Lake City Code section 21 A.46.070.M. That section 21A.46.070.M of the Salt Lake City Code (Zoning: Signs: General Standards: Roof Signs), shall be, and hereby is, amended to read as follows: M. Roof Signs: Roof signs shall conform to the following standards: 1. The height of the sign face of roof signs shall not exceed twenty percent (20%) of the height of the building or ten feet (10'), whichever is less; 2. No guywires, braces or secondary supports visible from the ground shall be used; 3. Roof signs shall be designed to appear as extensions of the exterior building wall as shown in figure 21A.46.020 of this chapter or be located on the elevator/mechanical penthouse or, on buildings taller than one hundred feet (100'), may be located on blank walls at the highest inhabitable level; and 4. Roof signs shall not exceed the maximum permitted height for the zoning district in which it is located. Amikk 5. Electronic signs as roof signs are prohibited. SECTION 3. Amending text of Salt Lake City Code to adopt section 21A.46.070.X. That section 21A.46.070.X of the Salt Lake City Code (Zoning: Signs: General Standards: Electronic Signs), shall be, and hereby is, adopted and shall read as follows: X: Electronic Signs: Electronic signs shall conform to the following standards: 1. Motion. Any motion or appearance of motion of any kind is prohibited on an electronic sign face. Electronic billboards shall have only static text, images, and graphics. 2. Dwell time. Change of the text, image, or display on an electronic sign is limited according to the following size and/or location restrictions: a. Signs over 250 square feet or located on a freeway (as defined in section 21 A.46.160.B) may not change more than once every eight (8) seconds. b. Signs between 100 and 250 square feet may not change more than once every five (5) seconds. c. Signs less than 100 square feet may not change more than once every three (3) seconds. Twirl time between subsequent text, images, or display shall not exceed 0.25 seconds. 3. Brightness. The illumination of any electronic sign shall not increase the ambient lighting level more than three-tenths (0.3) foot candle when measured by a foot candle meter, perpendicular to the electronic face, at a distance defined by the following formula: Measurement Distance=the square root of, the Area of Sign Square Footage x 100. 4. Size. Individual zoning districts define maximum sign size, the maximum portion of the signs that are allowed to be electronic, as opposed to a static image, shall be as follows: a. Sixty percent of the sign face in CS and CC zoning districts. b. Eighty percent of the sign face in the Downtown and Gateway districts_. c. One hundred percent of the sign face in Airport A, Manufacturing M and General Commercial CG zoning districts. d. Forty percent of the total sign face in all other zoning districts. e. Electronic billboards as defined in section 21A.46.160 are allowed one hundred percent of the sign face to be electronic in those zoning districts where electronic billboards are permitted. 5. Display period. Electronic signs may not be illuminated or lit between the hours of midnight and 6 a.m if they are located within 600 Feet of a residential, zoning district, unless the business on the site is actually open for business during those hours. 6. Public safety. a. All text and images must be of a size and shape to not cause drivers to reduce speed or pause in order to comprehend the message. b. Serial messages that require multiple passes or multiple signs to comprehend the message are prohibited. c. Electronic signs located in an Airport Influence Overlay zone are subject to Airport restrictions regarding lighting. 7. Controls. a. All electronic signs shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness and display period as provided above. b. Prior to approval of any permit for to operate an electronic sign, the applicant shall certify that the sign has been tested and complies with the motion, dwell time, brightness, and other requirements herein. c. The owner and/or operator of an electronic sign shall submit an annual report to the city certifying that the sign complies with the motion, dwell time, brightness, and other requirements herein. d. The City has the right to verify, or receive additional verification, upon request. 8. Prohibition: All electronic signs not confirming to the above standards are prohibited. Electronic signs are prohibited in Historic Districts or on Historic Landmark structures unless specifically authorized by the Historic Landmark Commission. Electronic signs as Roof signs are prohibited. SECTION 4. Amending text of Salt Lake City Code section 21A.46.160. That section 21A.46.160 of the Salt Lake City Code (Zoning: Signs: Billboards), shall be, and hereby is, amended to read as follows: 21A.46.160: BILLBOARDS: A. Purpose Statement: This chapter is intended to limit and reduce the maximum number of AO IN billboards in Salt Lake City. This chapter further provides reasonable processes and methods for the replacement or relocation of existing nonconforming billboards to areas of the city where they will have less negative impact on the goals and policies of the city which promote the enhancement of the city's gateways, views, vistas and related urban design elements of the city's master plans. B. Definitions: BILLBOARD: A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property where the sign is located. BILLBOARD OWNER: The owner of a billboard in Salt Lake City. BOULEVARD: the following streets are designated Boulevards for billboard regulation purposes: 1. 5600 West; 2. 2100 South Street/Parleys Way from Interstate 15 to Foothill Boulevard; 3. Foothill Drive/400-500 South from 1000 East to Interstate 80; 4. 400 South from Redwood Road to 1000 East(excluding Special Gateway); 5. 300 West from 900 North to 900 South; 6. North Temple from State Street to Interstate 80 (excluding Special Gateway); 7. State Street from North Temple to 2100 South Street (excluding Special Gateway); 8. Main Street from South Temple to 2100 South(excluding Special Gateway); 9. 7200 West; 10. 500 South from 300 West to 700 East; 11. 600 South from 200 West to 700 East; 12. 700 East; 13. 1300 South/California from Redwood Road to its eastern terminus. CITY ENTRY: The following streets are designated City entries for billboard regulation purposes: 1. 400 South from Interstate 15 to 300 West; 2. 500 South from Interstate 15 to 300 West; including the on-ramp portions of I-15 from 500 west to 500 feet after the connection of travel lanes onto the main traveled freeway; 3. 600 South from Interstate 15 to 200 West; Including the off-ramp portion of I-15 beginning 500 feet before the separation of travel lanes from the main traveled freeway; 4. 600 North from 800 West to 300 West; 5. 900 South 1-15 off/on-ramp from Brooklyn Avenue to West Temple. ELECTRONIC CONVERSION: The process of changing a billboard face from static copy to electronically changeable copy. , EXISTING BILLBOARD: A billboard that does not comply with current zoning but was lawfully erected and complies with all other applicable local and state regulations. ELECTRONIC BILLBOARD: A form of electronic sign displaying off-premise advertising. FREEWAY: The following streets are classified as freeways for billboard regulation purposes: 1. Interstate 80; 2. Interstate 215; 3. Interstate 15; 4. State Route 201/The 2100 South Expressway; 5. Mountain View Corridor; 6. Bangerter Highway/4000 West. Excluding all portions of any freeway on/off ramps defined as being City entry streets. GATEWAY: The following categories of streets or highways within Salt Lake City: Freeway, City Entry, Special Gateway and Boulevard streets. Amok GRANARY DISTRICT EXCLUSION AREA: The CG General Commercial properties located between 300 West to 1-15 and 200 South to the 900 South off/on-ramp; which are identified to be rezoned mixed-use according to the Gateway Master Plan. SPECIAL GATEWAY: The following streets or highways within Salt Lake City: 1. North Temple between 600 West and 2200 West; 2. 400 South between 200 East and 800 East; 3. State Street between 600 South and 2100 South; and 4. Main Street between 600 South and 2100 South. TEMPORARY EMBELLISHMENT: An extension of the billboard resulting in increased square footage as part of an artistic design to convey a specific message or advertisement. UTAH-FEDERAL AGREEMENT: The agreement entered into between the Governor of the State of Utah and the Secretary of Transportation of the United States, dated January 18, 1968 as ratified and approved in the Utah code. C. New Billboards Prohibited: New Billboards, including any increase in square footage, or AN,,, additions of another face are prohibited in Salt Lake City. D. Relocation of Billboards: Existing billboards may be relocated as mandated by the requirements of Utah State law if consistent with the Utah-Federal Agreement. 1. Additionally, billboards may be relocated from any zoning district to Manufacturing and CG General Commercial zoning districts with the restriction that they are not oriented towards, or located within 600 feet of a gateway street or a residential zoning district or located in the Granary District Exclusion Area. 2. Billboards may also be relocated as outlined in subsection R in conjunction with a conversion to an electronic billboard. E. Permit Required for Removal of Billboards: 1. Permit: billboards may be removed by the billboard owner only after obtaining a permit for the demolition of the nonconforming billboard. 2. Application: Application for demolition shall be on a form provided by the zoning administrator. 3. Fee: The fee for demolishing a nonconforming billboard shall be one hundred eleven dollars ($111.00). F. Billboard Construction: It is unlawful to construct a billboard other than pursuant to the terms of this chapter. In the event of a conflict between this chapter and any other provision in this code,the provisions of this chapter shall prevail. G. Billboard Enlargement: Any increase in square footage of a billboard, including adding an additional face to a one sided billboard is prohibited. H. Billboard Relocation or Remodeling Permits: 1. Application: Anyone desiring to relocate or remodel a billboard shall file an application on a form provided by the zoning administrator. 2. Fees: The fees for a permit to relocate or remodel a billboard shall be: a. Building permit and plan review fees required by the uniform building code as adopted by the city; and b. Inspection tag fees according to the fee schedule or its successor. I. Billboards Prohibited on Gateways: Except as provided in subsection D of this section, or its successor, no billboard may be constructed within six hundred feet (600') of the right of way of any gateway street. J. Changeable copy. Copy may not be changed more often than once every twenty four(24)hours, except electronic billboards. K. Maximum Size: The maximum size of the advertising area of any new billboard shall not exceed fifteen feet(15') in height and fifty feet (50') in width. L. Temporary Embellishments: Temporary Embellishments are prohibited. M. Height: The highest point of any billboard shall not be more than: Forty five feet(45') above the existing grade; or the maximum height for a pole sign in the applicable zoning district, whichever is less, unless otherwise mandated by State law or modified according to subsection 0.3. N. Minimum Setback Requirements: All freestanding billboards shall be subject to pole sign setback requirements listed for the district in which the billboard is located. In the absence of setback standards for a particular district, freestanding billboards shall maintain a setback of not less than five feet (5') from the front or corner side lot line. This setback requirement shall be applied to all parts of the billboard, not just the sign support ,u, structure. O. Spacing: 1. Small Signs: Billboards with an advertising face three hundred (300) square feet or less in size shall not be located closer than three hundred (300) linear feet from any other small billboard or eight hundred feet (800') from a large billboard on the same side of the street; 2. Large Signs: Billboards with an advertising face greater than three hundred (300) square feet in size shall not be located closer than eight hundred (800) linear feet from any other billboard, small or large, on the same side of the street. 3. Spacing and height for billboards fully integrated into the architecture of a building and not free standing, may be modified by the Planning Commission as a Conditional Building and Site Design Review as outlined in section 21A.59, as long as such modifications are consistent with State Law. 4. Signs may not be located on an interstate highway or limited access highway on the primary system within 500 feet of an interchange, or intersection at grade, or rest area measured along the interstate highway or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way. P. Lighting: Nighttime illumination of billboards may not glare directly onto the roadway or sidewalk or across property lines. Billboards located within Residential, Mixed-Use, CN or CB zoning districts may not be illuminated or lit between the hours of midnight and 6 am. Billboards located in an Airport Influence Overlay zone are subject to Airport restrictions regarding lighting. Q. Electronic Billboards: Electronic Billboards are subject to the criteria for electronic signs outlined in 21A.46.070. X. R. Conversion of existing billboards to electronic billboards: Conversion: Conversion of a billboard to an electronic billboard is prohibited except under the following conditions: 1. CG and M zoning Districts: Billboards located within the General Commercial or Manufacturing zoning districts may be converted to electronic billboards as long as they are not located within 600 feet of any Gateway street nor located within the Granary District Exclusion area, provided that an amount of billboard square footage equivalent to the size of the billboard being converted is removed elsewhere in the City and provided it meets all other requirements of this chapter. 2. Freeways: Billboards on Freeways may be converted to electronic provided that they are located in a CG General Commercial or Manufacturing zoning district and not located within the Granary District Exclusion area, and an equivalent amount of square footage is being removed from a City Entry Street, Boulevard Street, residential zoning district,Neighborhood Commercial CN zoning district or Business Commercial CB zoning district and provided it meets all other requirements of this chapter. 3. Billboards may also be converted in connection with a relocation of the billboard as follows: a. Downtown and Gateway Districts: Billboards located within the Downtown or Gateway zoning districts may be relocated within the same zoning district, subject to all spacing and height regulations, and converted to electronic as long as an equivalent number of square footage is removed elsewhere in the City from any Gateway Street, residential zoning district or Neighborhood Commercial CN zoning district or Business Commercial CB zoning district and provided it meets all other requirements of this chapter and the electronic billboard is not freestanding but is fully integrated into the architecture of a building and provided it meets all other requirements of this chapter. b. Special Gateway Street: Billboards located on Special Gateway Streets may be relocated within the same special gateway and converted to electronic as long as an equivalent number of square footage is removed from any Gateway Street, residential zoning district,Neighborhood Commercial CN zoning district or ,f,, Business Commercial CB zoning district and provided it meets all other requirements of this chapter and the electronic billboard is not freestanding but is fully integrated into the architecture of a building and provided it meets all other requirements of this chapter. c. R Residential, CN and CB zoning districts and Gateway Streets: Billboards located in a residential or CN Neighborhood Commercial or CB Business Commercial zoning district or any Gateway street may be relocated to a CG or M zoning district according to subsection D.1 and may be converted to electronic on a one square foot per one square foot basis, provided it meets all other requirements of this chapter. 4. Prohibition: Strict prohibition of conversion to electronic: a. Conversion of any billboard non-conforming to state or the Utah-Federal Agreement spacing is specifically prohibited. b. Conversion in any residential or Neighborhood Commercial CN or Business Commercial CB zoning district is specifically prohibited. c. Conversion of any billboard located on a City Entry street or a Boulevard street is specifically prohibited. , ,,,, S. Landscaping in Residential and Commercial CN and CB Zoning Districts: Properties in any residential zone and commercial CN or CB zones on which a billboard is the only structure shall be landscaped as required by sections 21A.26.020 and 21A.26.030 and chapter 21A.48 of this title, or its successor chapter. No portion of such property shall be hard or gravel surfaced. T. Landscaping in Other Zoning Districts: Property in all districts other than as specified in subsection U of this section, or its successor subsection, upon which a billboard is the only structure, shall be landscaped from the front of the property to the deepest interior point of the billboard for fifty(50) linear feet along the street frontage distributed, to the maximum extent possible, evenly on each side of the billboard. U. Xeriscape Alternative: If all the properties adjacent to and across any street from the property for which billboard landscaping is required pursuant to subsection V of this section, or its successor subsection, are not developed or, if a water line for irrigation does not exist on the property or in the street right of way adjacent to such property, the zoning administrator may authorize Xeriscaping as an alternative for the required landscaping. V. Existing Billboard Landscaping: Existing billboards shall comply with the landscaping provisions of this section on or before January 1, 1996. W. Compliance with Tree Stewardship Ordinance: Construction, demolition or maintenance of billboards shall comply with the provisions of the Salt Lake City tree stewardship ordinance and the Tree Protection ordinance. X. Subdivision Registration: To the extent that the lease or other acquisition of land for the site of a new billboard may be determined to be a subdivision pursuant to state statute no subdivision plat shall be required and the zoning administrator is authorized to approve, make minor subsequent amendments to, and record as necessary, such subdivision. Y. Enforcement: Any illegal billboard and any violation of the requirements of this subsection are subject to enforcement pursuant to SLC code Chapter 21A.20. Z. Severability: If any section, sentence, paragraph, term, definition or provision of this section is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term, definition or provision of this chapter. all of which will remain in full force and effect; except subsections D.1, D.2 and R. 1, R.2 & R.3, which will be deemed repealed. SECTION 5. 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 201 . CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER APPROVED AS TO FORM Salt Lake City Attomey's Office (SEAL) Date: �I Bill No. of 201 By: Pa I C.Nielson, e or City Attorney Published: HB_ATTY-k 20722-v2-Ordinance_amend ing_billboard_and_electronic_sign_regs.DOC e " R NOTICE OF PUBLIC HEARING The Salt Lake City Council will hold a public hearing regarding Petition PLNPCM2010-00717 and Petition PLNPCM2010-00032: Zoning Text Amendment, Billboards - A request by Salt Lake City Mayor Becker for a zoning text amendment to address electronic billboards. Currently, the City Zoning Ordinance does not address electronic billboards. The text amendment would affect all zoning districts. As part of its study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held: Date: Time: 7:00 p.m. Place: Room 315 (City Council Chambers)* Salt Lake City and County Building 451 S. State Street Salt Lake City, UT *Please enter building from east side. If you have any questions relating to this proposal or would like to review the petition on file, please call Doug Dansie, Senior Planner, at 535-6182 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at doug.dansie@slcgov.com. People with disabilities may make requests for reasonable accommodations no later than 48 hours in advance in order to attend this public hearing. Accommodations may include alternate formats, interpreters, and other auxiliary aids. The City & County Building is an accessible facility. For questions, requests, or additional information, please contact the ADA Coordinator at(801) 535-7971; TDD 535-6021. Laser/Ink Jet Labels twasspi www.avery.com 6 �_© Use Avery®TEMPLATE 5'160® " �' 1-800-GO-AVERY 1 ' ��`160r,:, Saunders Outdoor Advertising High Impact Billboards Alex Waller 1764 W 2900 South 808 N. Hwy 89 545 S 700E ''nden, Utah 84401-3255 Ogden, Utah 84404 Salt Lake City, Utah 84102 Reagan Outdoor Advertising Fusion Imaging Inc. Jared Johnson 1775 Warm Springs Road 601 Boro St. 1065 S Gramercy Rd Salt Lake City, Utah 84116-2353 Kaysville, Utah 84037-3122 Salt Lake City, Utah 84109 Simmons Media Group Young Electric Sign Company Ryan Young 515 S. 7tl'E. #1C 2401 S. Foothill Drive 2401 Foothill Drive Salt Lake City,Utah 84102-2802 Salt Lake City, Utah 84109 Salt Lake City, Utah 845109 Card Sign Inc. COAMAX Sign Company Inc. Mike Helm 960 W. 2100 S. 2180 N. 1089 W. 1505 S Gramercy Rd Salt Lake City, Utah 84119-1530 Salt Lake City, Utah 84116 Salt Lake City, Utah 64104 Utah Logos Inc. Millennium Sign Company Daniel (Dewey) Reagan 5278 Pinemont Dr. #A150 2150 S. 1300 E. Suite 500 1775 North Warm Springs Salt Lake City, Utah 84123-2711 Salt Lake City, Utah 84106 Salt Lake City, Utah 84116 Lamar Transit Advertising John Evans Co. Digital Imaging Randy Horiuchi 754 S. 200 W. 3815 Parkway Boulevard 1785 Michigan Salt Lake City, Utah 84101 Salt Lake City, Utah 84120 Salt Lake City, Utah 84108 CBS Outdoor Republic Outdoor Advertising Collin Simonson PO BOX 2455 825 N 300 W Suite C-160 50 West 300 South #1200 Salt Lake City, Utah 84110-2455 Salt Lake City, UT 84103 Salt Lake City, Utah 84101 JLC Signs Vision International Kim Spring 6605 Sunflower Dr. 3030 Directors Row 1011 S West Temple APT 305 Highland, Utah 84003-9483 Salt Lake City, Utah 84104-4551 Salt Lake City, Utah 84101 Ed Rogers Lockridge Outdoor Advertising Utah/Republic Outdoor Mike Zulu 4460 Wallace Lane. Advertising 1063 Douglas Street Highland, Utah 84124 825 N 300 W Suite C-160 Salt Lake City, Utah84105 Salt Lake City, UT 84103 door Promotions In Sight Advertising Guy Larson 9500 S. 500 W. #106 2604 West Van Ross Drive 1775 North Warm Springs Sandy, Utah 84070-6654 South Jordan, Utah 84095 Salt Lake City, Utah 84116 AiEl/iV-09-00 -i• � .-4, 0094 l.iegen el zosilia�j Salt Lake City Planning Commission STATE MAIL 09/20/2011 rtn:_1 AM 451 S State Street,Room 406 PO Box 145480 Salt Lake City,Utah 84114 5480 ;................... ,ci __ r --__ RETURN SERVICE REQUESTED • _ .4 P:• 1� ,a ' .5 0008000:J r1 sEp• 1'i 21 I t 'r I.i°lu in rricmi LIN CODE 3,11 !II NOTICE OF HEARING John Bennion 1684 E.Browning Ave f_rc I..,._/mot...i•.- n....- 041 14FE 5. 9110 00 t)9/10/:e1 RETURN TO 1040 COLONIAL C:tR SALT LAKE t2 ry UT 94:t.O0-202 RETURN TO ImmomR `!"r.f 0E, 2'0 COOS • it I I I II II I I I it • INFORMATION TO APPLICANTS AND CrfiZENS I. Attendance:Applicant or representative must be present during the meeting or the case will not be reviewed. 2. Decision Making Proccif:Planning Commission will review one case at a time z -nation from the applicant,professional staff,adjoining neighbors and citizens:After reviewing tticeise3:Ilte FJaYaning Commission wit' asc in executive session.No additional testimony will he accepted during the executive session,unless requested by the Commission fe is.The Planning Commission will make their decision by making a motion,second,discussion and majority Soto by the Commission. 3. Appeals process:Any persen aggrieved by any decision of the Planning Commission may appeal that decision to the Salt Lake City Land Use Appeals Board within thirty(10)days atter the Planning Commission final decision. •1. Meeting notices:Meeting notices are mode available 12days in advance.If persons wish to submit ssritlem comments they should be directed to the Planning Commission or Planning Staff member indicated at least 7 days in advance to enable iho Commissioners to consider those written comments,Comments should be sent to: Salt Lake City Planning Commission PO flax 145480 Salt Lake City,TIT 84114.5480 Physical Address:451 S State Street,Room 406 Salt Lake City,UT 84111 NOTE: Please turn off cellular phones during the meeting.We comply with all ADA guidelines.People with disabilities may make requests for reasonable accommodation no later than 48 hours In advance In order to attend this meeting. Accommodations may include alternate formats, interpreters, and other auxiliary aids. This is an accessible facility. For questions, requests, or additional information, please contact the Planning Commission Secretary at 535-6171 regarding this agenda or ADA accommodations.TDD 535-6220. SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City&County Building at 451 South State Street Wednesday,September 28;2011 at 5:30pm The field trip is scheduled to leave at 4:30 p.m. Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m.in Room 126. Work Session: 5:30 in Room 326. The Planning Commission will hold a work session from approximately 5:30- 6:00. During the Work Session the Planning Staff will brief the Planning Commission on pending projects,discuss project updates and minor administrative matters.This portion of the meeting Is open to the public for observation. Approval of Minutes:September 14,2011 • o Report of the Chair and Vice Chair o Report of the Director Public Hearing Legislative Petitions 1. PLNPCM2010-00032:Zoning Text Amendment,Billboards-A request by Salt Lake City Mayor Becker for a zoning text amendment to address outdoor billboards.The proposed amendment would update current regulations for outdoor billboards to make them consistent with state law.The text amendment would affect all zoning districts.(Staff Contact:Doug Dansle at 801-6182 or doug.dansie@slcgov.com) 2. PLNPCM2010.00717:Zoning Text Amendment,Electronic Billboards-A request by Salt Lake City Mayor Becker for a zoning text amendment to address electronic billboards.Currently,the City Zoning Ordinance does not address electronic billboards.The text amendment would affect all zoning districts.(Staff Contact:Doug Dansie at 801-6182 or doug.dansie@slcgov.com) Administrative Petitions • 3. PLNSUB2008-00902 Capitol Park Subdivision Amendment and Planned Development Amendment-The • Capitol Park Home Owners Association is requesting a street dedication and a Planned Development amendment that would transfer ownership and maintenance responsibility of the following privately owned streets Capitol Park Avenue,Penny Parade Drive,Redbrick Court,Charity Cove,and Caring Cove from the homeowner's association to the City, The subject property Is located In the FR3-12,000(Foothill Residential)zone and Is located in Council District 3,represented by Stan Penfold. (Staff contact:Ray Milliner at(801)535-7645 or ray.milliner@slcgov.com), • The files for the above items are available in the Planning Division offices,room 406 oflhe City and County Building. Please contact the staff planner for information,Visit the Planning Division's n'ebsitc at www.slcgemeorn/CED/danning for copies of the Planning Commission agendas,staffreports,and minutes,Staff Reports will be posted the Friday prior to the meeting and minutes will be posted Iwo days after they are ratified,which usually occurs at the next regularly scheduled meeting afthe Planning Camnnncsiam.Planning Commission Meetings may be watched live on SLCTVChannel 17;past meetings core recorded and archived,and may be viewed at www.slctr.co,t • 4770 S.5600\V. P.O.BOX 704005 J)4 :,,n(r'gnifL i��,1'Ibune M.EDIA w-e Deseret News WEST VALLEY CITY,UTA11 84170 — "' FED.TAX I.D.N 87-0217663 PROOF OF PUBLICATION CUSTOMER'S COPY CUSTOMER NAME AND ADDRESS ACCOUNT NUMBER • I DATE • SAL•I'LAKE CITY PLANNING DIVISI, 9001397145 9/19/2011 Deb Martin/Planning Division 451 SOUTII STATE STREET,ROOM 406 SALT LAKE CITY UT 84111 - • ACCOUNT NAME.. -..`;J. :_=- `- _ - SALT LAKE CITY PLANNING DIVISI, = TELEPHONE - __A.DORDERN /-_INVOICE NUMBER, • 8015357214 0000725655 / Start 09/16/2011 End 09/16/2011 SAl1 LAK1U1y rump*•COAN8SSiON ZONING,ORJItW10E rut AAtENWAENT HEARING COST'REF,-,)D•. On Wednesday,September 28,2011,of SOS P.AI.,the Salt lake City Planning Ccamltden will bold a public hearing to, _- - - _.- - .' `- --•-- - late comment ora consider PIF:PCA12010.00072n Zoning Peet Amendment.Billboards-A regixll by Sail Lake City Moyer Better lot a toning NO amoidnotel to address mildew bill.. Legal Ad • eion De proposed amendment would • lat &for mado billboards to me them consistent with bole low.lbe lost amendment would elect all toning die- _ , _ _ _ _ Olds. And PWPCM2010.00717, Zoning Teat Amendment,' • ':-CAPTION • _ -- OutrageBltboardt•A requell by Soli lobe City Mayor; Becher for a booing kit amendment to.address electronic . ..,• - - .'•-, .• -y billboards.Currently,sir City Zoning Ordinance does not od• dress elecottronic billboards.The text amendment would affect SALT LAKE CITY PLANNING COMMISSION ZONING ORDINANCE TEXT AMENI adoyl inbyd'IM Ulbst dnti/.All pertamplyilecitywi citywide prnent will be Oren an opportunity to be Awed In Ihtt cool- _ ter. the hearin0 wile be hold In Roam 326 0l the Salt late - - "- !•f - - - :-•?.:,._�„ r•" _- COy and County!Wilding,dOt South State Street. Accessible -- - - PPoreing and entrance ore located on the east side of the _ --.• - { - - beliding. Hearin Impaired Indldduols who wish to attend 29 Lines 2.00 COLUMN this meeting should contact our 100 service ember,1801) Suo 20,(cur days inadronce so.thul an Interpreter we be be provided. For Mawr Informaiian regarding this hearing or to obtain o detailed copy of dr deany.s,tall Doug Doml. TIp1L,S'> _ s,; RATE : (e01)S3S-0182 or doog.damIe Bticyor.row :sass UPA0IP 3 ••:.MISC.CIir1ROES -= -AD:CHARGES:. ;= TOTAL(COST.'. 77.50 AFFIDAVIT OF PUBLICATION AS NEWSPAPER AGENCY COMPANY,I.1 C dlia MEDIAONEOP UTAII LEGAL BOOKER,I CERTIFY TILT THE ATTACHED ADVERTISEMENT OF SALT LAKE CITY PLANNING COMMISSION ZONING ORDINANCETEXT AMENDMENT IIEARING On Wednesday,September 2R,20)1,nt 5:45 P.M..the Snit Luke City Plannin,Conunlss FOR SALT Lis\I<F,CITY PLANNING DIVISI,WAS YUHI.iSHI D BY THE NEWSPAPER AGENCY COMPANY,LIE dha • MEDIAONE OF 1JTAI I,AGENT FOR THE SALT LAKE TRIBUNE AND DESERET NEWS,DAILY NEWSPAPERS PRINTED IN THE ENGLISH LANGUAGE • WITH GENERAL.CIRCULATION IN UTAH,AND PUBLISIIED IN SALT LAKE CITY,SAur LAKE COUNTY IN TI lE STATE OF 11TAI I.NOTICE IS ALSO POSTED ON UTAIILEGAI.S.COM ON 1 HE SAME DAY AS TILE FIRSTNEWSPAPER PUBLICATION DATE AND REMAINS ON 11IAHLEG.ALS.COM INDEFINATELY. Start 09/16/2011 End 09/16/2011 ,;• ..;;� viRGIWIACRAFT ..I.,., ,'.1.,5:.Slat s.o:Utah PUBLISHED ON S',1 Cum mission.l'• ••i? /�./ t A l:A:.cull '.1,;Cnrnnii ton •>u i,'5 it SIGNATURE `"' 1 171E— 1 +`J 4)1'q)9/19/2011 THIS IS NOT A STATEMENT BUT A"PROOF OF PUBLICATION" PLEASE PAY FROM BILLING STATEMENT 5.B PLANNING COMMISSION STAFF REPORTS/MEMOS 6) April 27,2011 Memo 7) May 18,2011 Briefing memo for May 25 meeting 8) June 14,2011 Briefing memo for June 26 meeting 9) September 23,2011 Briefing memo for September 28 hearing 10) October 21,2011 Briefing memo for October 26 meeting ' -vv- t:''' Briefing for III�Y' 'TfTf--.0'no 4�. Planning Commiss• ion Planning Division Community&Economic Development Department To: Planning Commission Members From: DOUR Dansie,Senior Planner Date: April 27,2011 Re: Billboard Ordinance as adopted by the City Council In response to the petition regarding electronic billboards,PLNPCM2010-00717: The City Council approved an ordinance at their April 12,2011 meeting, The ordinance differs from what the Planning Commission recommended in that it includes a statement that the illumination criteria will apply to on-premise signs,as well as off-premise signs,beginning nine months from the date of publication of the ordinance. The City Council adopted the ordinance with the understanding that the administration\Will be forwarding more detailed changes to the billboard ordinance at a future date. It is the intent of the Council to have the ordinance updated within nine months. Discussion of the billboard petitions will be placed on the Planning Commission agenda in the near future for further consideration. Please find attached the adopted ordinance. � w.v"`, . . , = Briefing for o=w T �,,,; Planning Commission Planning Division Community&Economic Development Department To: Planning Commission Members From: Doug Dansie, Senior Planner Date: May 18, 2011 Re: Billboard Ordinance Work Session • At the May 25°i meeting we will have a general discussion regarding billboards. The petitions are to bring City law into consistency with State law and to create standards for electronic billboards. Staff will provide a PowerPoint presentation based upon the attached outline. After the presentation staff would like some general basic direction regarding fundamental categories of decisions: 1) Should billboards be allowed to move with state law being the default, or should the City still have some receiving zone beyond state law? If the City has a receiving zone, where should it generally be located(industrial areas,neighborhood areas, etc.)? 2) Should electronic conversions be allowed? If so where? 3) Should conversion be based upon one to one square footage ratio or based upon a higher ratio; or a combination of the two, depending on what boards are being converted? 4) Should boards that are non-conforming for specific reasons (spacing, residential location, etc.) be allowed to convert? 5) Should Gateway provisions be preserved as is or should they be modified to more effectively encourage the removal of certain boards(such as those on 500 and 600 South)? Should movement and/or conversion be targeted or at least be"like for like"? 6) Should urban design and/or removal of impediment to development be used as an incentive to the conversion process(require to be part of building architecture, etc.)? 7) Direction regarding electronic signage in general(interactive, timing, size, location, etc.) With general direction,staff will work with the attorneys to create a draft ordinance for the Planning Commission and the Community to specifically respond to. °'S ! ; Nr rS f-iem = Brief ing for 31; =LL1L': 1:r 1I =tz) •Rynrr._R.�y. • 71"f Planning Commission Planning Division Community&Economic Development Department To: Planning Commission Members From: Doug Dansie, Senior Planner Date: June 14,2011 Re: Billboard Ordinance Work Session At the May 25th meeting the Planning Commission had a general discussion regarding billboards. A series of questions were raised to determine the general direction of dealing with the billboard ordinances. The following are the general questions and several options to choose from in answering them. 1) Should billboards be allowed to move with state law being the default,or should the City still have some receiving zone beyond state law? If the City has a receiving zone, where should it generally be located(industrial areas, neighborhood areas,etc.)? (At the May 25 meeting the Planning Commission indicated that they were interested in not letting State law be the default) a) Allow movement to any non-residential zone b) Receiving zone in CG general Commercial or M Manufacturing zones c) Move to CG or M with conditions d) Other 2) Should electronic conversions be allowed? If so where? a) Allowed b) Allowed only in non-residential zones c) Allowed only in cg and m zones d) Allowed with conditions(i.e.removal of non-conforming or other board) e) other 3) Should conversion be based upon one to one square footage ratio or based upon a higher ratio; or a combination of the two,depending on what boards are being converted? a) One to one b) Two to one c) Higher than two to one d) One to one if the board is being removed from residential(or neighborhood commercial) zones and higher if being removed from other zones 4) Should boards that are non-conforming for specific reasons(spacing, residential location, etc.) be allowed to convert? a) allow all to convert b) do not allow non-conforming boards to convert c) other? 5) Should Gateway provisions be preserved as is or should they be modified to more effectively encourage the removal of certain boards(such as those on 500 and 600 South)? Should movement and/or conversion be targeted or at least be"like for like"? a) eliminate gateways b) Allow conversion on freeways if non-conforming or on-ramp boards are removed c) Other? 6) Should urban design and/or removal of impediment to development be used as an incentive to the conversion process(require to be part of building architecture, etc.)? a) Do nothing b) Allow conversion in downtown or on special gateways if the new electronic is part of the architecture c) Other 7) Direction regarding electronic signage in general(interactive,timing, size, location, etc.) a) Should there be limits on size depending on zoning district? b) Should the percentage of the sign that is electronic be limits? c) Should there be limits on motion—animation? d) Limits on lettering size for readability—are there legal issues? e) Other? With general direction,staff will work with the attorneys to create a draft ordinance for the Planning Commission and the Community to specifically respond to. Briefing, for rrj�;iT� iI 1L Ili,tr1 2:L �.rm' °11, '..z Planning .Commission _ission; Planning Division Community&Economic Development Department To: Planning Commission Members From: Doug Dansie, Senior Planner Date: September 23,2011 Re: Billboard Ordinance The Salt Lake City Planning Commission has been reviewing two related billboard petitions: PLNPCM2010-00032: Zoning Text Amendment,Billboards -A request by Salt Lake City Mayor Becker for a zoning text amendment to address outdoor billboards. The proposed amendment would update current regulations for outdoor billboards to make them consistent with State law. The text amendment would affect all zoning districts. PLNPCM2010-00717: Zoning Text Amendment,Electronic Billboards - A request by Salt Lake City Mayor Becker for a zoning text amendment to address electronic billboards. Currently,the City Zoning Ordinance does not address electronic billboards. The text amendment would affect all zoning districts. A third petition was put on indefinite hold and is not being addressed at this time: Petition 400-06-51: Zoning Text Amendment,Transit Shelter Advertising-A request for a zoning text amendment to address advertising on Bus Shelters. The text amendment would affect all zoning districts. The Salt Lake City Council adopted an ordinance on May 23,2011,which prohibited the construction of electronic billboards. The City Council requested that the Administration and Planning Commission review the issue and provide them with a revised ordinance to be adopted prior to January 23,2012. In July 2011, Staff reviewed potential ordinance alternatives with the Planning Commission. Please find attached a draft of a billboard ordinance which is a result of those discussions. The proposed ordinance alters the existing/previous billboard ordinance in the following ways: • 1) The ordinance provides detailed criteria for both on and off—premise electronic signs. a) Defines motion b) Defines dwell time(how long the image must remain) c) Defines brightness • d) Defines a display period(must be dark in certain zones between midnight and 6 am) e) Defines the percentage of the sign that may be electronic 2) The ordinance redefines "Gateway"as pertaining to billboards. Previously there were two forms of Gateway Streets,now there are four: Special Gateway streets are the same, but regular Gateway streets were subdivided into three categories to allow for differing regulation. a) Special Gateway(same as existing:North Temple 400 South, State Street, Main Street) • b) Freeway (I-15, I-80, I-215, State Route 201,Mountain View Corridor c) Boulevard(streets such as 700 East, Foothill Boulevard, etc.) d) City Entry(400, 500, 600, 900 South and 600 North off ramps) 3) Relocation of billboards is allowed ,,,,,k a) According to State and Federal law b) Allowed to move to CG General Commercial and M Manufacturing zoning districts (with exclusions) c) Limited relocation in the D Downtown and G Gateway zoning districts and on Special Gateway streets with electronic conversion and integration into building architecture 4) Technical changes a) New billboards prohibited—only relocation allowed b) Changeable copy for non-electronic billboards is defined c) Embellishments prohibited d) Spacing and lighting clarified e) Clarifies enforcement f) Severability clause 5) Conversion of static billboard to electronic billboards,is allowed in limited circumstances. a) Billboards presently located in R Residential, CN Neighborhood Commercial, CB Community . Business and all Gateway Streets may be moved to CG and M zones and converted to electronic one, one square foot per square foot basis (with some exclusion). £�.. b) Billboards in the CG and M zoning districts may be converted to electronic if an equivalent amount of billboard square footage is removed elsewhere. c) Billboards located on freeways may be converted to electronic with the removal of an equivalent amount of square footage from a City Entry or Boulevard Street or Residential, CN or CB zoning districts. d) Billboards located on Special Gateway streets may be converted to electronic if an equivalent amount of billboard square footage is removed from any Gateway Street,Residential, CN or CB zoning district and the new electronic billboard is integrated into the architecture of the building e) Billboards located in Downtown and Gateway zoning districts may be converted to electronic if an equivalent amount of billboard square footage is removed from any Gateway street, Residential, CN or CB zoning district and the new electronic billboard is integrated into the architecture of the building. • Attached to this staff report is: • A. A copy of the proposed draft ordinance, B. Comments from the open city hall web page, and C. The original staff report Recommendation: Based on the findings listed in the original staff report (sec attachment C), and the subsequent discussions and meetings, it is the Planning Staffs opinion that overall the proposal generally meets the applicable standards and therefore, recommends the Planning Commission forward a positive • recommendation to the City Council to approve the supplementary zoning text amendments associated with petitions PLNPCM2010-00032 and PL NPCM2010-00717 as outlined in the draft ordinance and summary. • This draft ordinance was prepared to illustrate how the basic concept differs from the previous ordinance. The final ordinance, as drafted by the City Attorney,may differ considerably in format. Discussion Draft Proposal which eliminates billboard bank, defines electronic on- premise signs and billboards and defines where billboards may be converted to electronic billboards. 21A.46.020: DEFINITIONS: A.Word Usage And Interpretation: 1. In this chapter,the words,terms, phrases and their derivatives shall have the meanings as stated and defined in this chapter. 2.Words not defined in this chapter but defined in chapter 21A.62 of this title, or in the building code as adopted by the city in title 18 of this code, shall have those definitions. B. Defined Terms: For the purposes of this chapter, sign types and related terms shall be defined as follows: A-FRAME SIGN:A temporary and/or portable sign constructed with two (2)sides attached at the top allowing the sign to stand in an upright position. ALTERATION, SIGN:"Sign alteration"means a change or rearrangement of the parts or design of a sign, whether by extending on a side, by increasing in area or height, or the moving from one location or position to another, or adding or deleting words from the copy, or changing the size of the letters or figures comprising the copy.Alterations shall not be interpreted to include changing the text or copy on outdoor advertising signs,theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy. ANIMATED SIGN:A sign, excluding an electronic changeable copy sign,which involves motion or rotation of any part by mechanical or artificial means or which displays flashing or intermittent lights. AWNING: A structure constructed of fabric or metal placed so as to extend outward from the building, providing a protective shield for doors,windows and other openings,with supports extending back to the building, supported entirely by the building. The maximum vertical drape of the front valance is limited to one foot(1'). AWNING SIGN: A sign that is painted on or otherwise made part of the awning material. (See figure 21 A.46.020 at the end of this section.) Signage is limited to the vertical portions of the awning; the sides and the front valance. No signage shall protrude beyond the vertical face. BACKLIT AWNING SIGN:A sign made of translucent material with illumination from behind, A backlit awning is considered a form of flat sign and is subject to the regulations thereof. BALLOON:A temporary sign comprised of an inflated nonporous object filled with air or other 1 gas affixed to a building or lot for the purpose of attracting attention. BANNER, PUBLIC EVENT: "Public event banner"means a banner pertaining to festivals or events, as permitted in title 3, chapter 3.50 of this code,which is installed as a temporary sign. BANNER, SECURED:"Secured banner" means a temporary sign intended to be hung on a frame, secured at the top and the bottom on all corners,applied to plastic or fabric of any kind, excluding official flags and emblems of political organizations. BANNER, UNSECURED: "Unsecured banner"means a temporary sign on plastic or fabric of any kind which is not secured in the manner described in the definition of a"secured banner". BENCH SIGN:A sign located on the back of a bench. BILLBOARD (OUTDOOR ADVERTISING SIGN):A form of an off premises sign.A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business, product or service that is not sold,offered or existing on the property where the sign is located. (See figure 21A.46.020 at the end of this section.) BUILDING FACE:Any single side of a building. Signs regulated by building face can be located on a maximum of four(4)faces of a building. BUILDING OR HOUSE NUMBERS SIGN:A flat sign which identifies the address of the property. BUILDING PLAQUE SIGN:A plaque designating names of buildings, occupants and/or date of erection and other items such as architect, contractor, or others involved in the building's immik creation, cut into or attached to a building surface and measuring no more than four(4) square feet in area,with a maximum six inch (6") projection from the building. BUILDING SECURITY SIGN:A sign indicating the existence of an electronic or staffed security system on the site or warning against trespass on the site. BUILDING SIGN:Any sign attached to a building and which is not supported by, or attached to, the ground. Examples of building signs include: awning sign; backlit awning sign; building or house numbers sign; building plaque sign; flat sign; marquee sign; nameplate sign; projecting building sign; roof sign;wall sign;window sign. CANOPY:A structure constructed of fabric or other material placed so as to extend outward from the building, providing a protective shield for doors,windows and other openings,with supports extending to the ground as well as attached to the building. CANOPY, DRIVE-THROUGH: "Drive-through canopy" means a freestanding roof structure over drive-through facilities such as a gasoline pump island. CANOPY, DRIVE-THROUGH, SIGN: "Drive-through canopy sign" means a flat sign that is painted or attached to a drive-through canopy which does not extend above or below the canopy facade. CANOPY SIGN:A sign that is painted or otherwise made part of the canopy material. Signage is limited to the vertical portions of the canopy; the sides and the front valance. No signage shall protrude beyond the vertical face. CLEARANCE (Of A Sign):The smallest vertical distance between the grade beneath the sign Afookoks and the bottom of the sign, including framework and embellishments, extending over that grade. CONSTRUCTION SIGN:A temporary sign identifying the contractor, architect, designer or other affiliated organization responsible for the construction of a new project. DEVELOPMENT ENTRY SIGN:A permanent sign used to identify the main entrance of a development of at least ten (10)acres containing multiple lots and/or multiple (principal) buildings. • DIRECTIONAL OR INFORMATIONAL SIGN (PRIVATE):An on premises sign designed to guide vehicular and/or pedestrian traffic by using such words as"entrance", "exit","parking", "one-way" or similar directional instruction, and which may include the identification of the building or use, but may not include any advertising message. DIRECTORY SIGN:A sign on which the names and locations of occupants or the use of a building or property are identified, but which does not include any advertising message. DWELL TIME The length of time that elapses between text, images, or graphics on an electronic sign. ELECTRONIC CHANGEABLE COPY SIGN:A sign containing a computer generated message such as a public service,time,temperature and date, or a message center or reader board,where different copy changes of a public service or commercial nature are shown on the same lamp bank or message facility.The term "electronic changeable copy sign"shall not be defined as a type of"animated sign"if the message displayed is fully readable within three(3)seconds. Off-premise messages or advertising are prohibited except as electronic billboards as defined in section 21A.46.160. ELECTRONIC SIGN: Any sign, video display, projected image, or similar device with text, images, or graphics generated by solid state electronic components. Electronic signs include, but are not limited to, signs that use light emitting diodes (LED), plasma displays, fiber optics, or other technology that results in bright, high- resolution text, images, and graphics. EXTERNALLY ILLUMINATED SIGN:A sign made legible in the absence of daylight by devices external to the sign which reflect or project light upon it. FLAG,CORPORATE:"Corporate flag" means a flag identifying the name and/or logo of the business or corporation on the premises where the flag is displayed. FLAG,OFFICIAL:"Official flag"means a flag of a government or governmental agency. FLAT SIGN:A sign erected parallel to and attached to the outside wall of a building and extending not more than twenty four inches(24")from such wall,with messages or copy on the face only. (See figure • 21A.46.020 at the end of this section.) FREESTANDING SIGN:A sign supported by one or more upright poles or braces placed in or upon the 3 ground surface and not attached to any building. Examples of freestanding signs are a monument sign and a pole sign. FOOT CANDLE: The English unit of measurement for luminence, which is equal to one lumen, incident upon an area of one square foot. GARAGE/YARD SALE SIGN:A temporary sign on residential property and used to identify a garage or yard sale on the premises. GAS PRICE SIGN:An on premises sign advertising the price of gasoline other than the information attached to the gasoline pump. GAS PUMP SIGN:Price,gallons,octane and other customary information relating to gasoline sales appearing on a gasoline pump. GOVERNMENT SIGN:Any temporary or permanent sign erected and maintained for any official • governmental purpose. HEIGHT(Of A Sign):The largest vertical distance between the highest point of the sign and the grade of the land beneath the sign.When the land slopes down from the street and the sign is located at the setback line,the height is measured from the adjacent street(top of curb). HEIGHT,SIGN FACE:"Sign face height"means the maximum vertical distance between the top and the bottom of a sign face. HISTORICAL MARKER:A type of memorial sign limited in content to the identification of an historical building or structure or the site of an historical event. ILLEGAL SIGN:Any sign erected after the effective date hereof which does not comply with the provisions of these sign regulations,or a sign that was illegal prior to the adoption of said ordinance,that has not been subsequently legalized. ILLUMINANCE: The intensity of light falling on a surface at a defined distance from the source. INTERIOR SIGN:A sign located within the building oriented to the interior space of the building. INTERNALLY ILLUMINATED SIGN:A sign which has characters,letters,figures,designs or outlines internally illuminated by electric lights,luminous tubes or other means as a part of the sign proper. KIOSK:A structure which is used for the posting of temporary signs. LETTER SIGN:A type of flat sign consisting of letters placed directly on the building face. LOGO:A business trademark or symbol. otouvak LUMINENCE:The photometric quantity most closely associated with the perception of brightness. Luminance is measured in candelas per square meters or "nits" for purposes of this ordinance. MARQUEE:A permanent roofed structure which extends outward from the face of the building and is designed to meet all provisions of the current Salt Lake City adopted building code and other • specifications as outlined in this chapter.Where specifications as outlined in this chapter are different from the provisions of the Salt Lake City adopted building code,the more restrictive shall apply. MARQUEE SIGN:A sign attached to a marquee.(See figure 21A.46.020 at the end of this section.) • MEMORIAL SIGN:A sign acknowledging a person, place,event or structure. MONUMENT SIGN:A freestanding sign whose sign face extends to the ground or to a base.(See figure 21A.46.020 at the end of this section.) MOTION The depiction of movement or change of position of text, images, or graphics. Motion shall include, but not be limited to, visual effects such as dissolving and fading text and images, running sequential text, graphic bursts, lighting that resembles zooming, twinkling, or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding or contracting shapes, and similar actions. NAMEPLATE SIGN:A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises,or indicating a home occupation legally existing on the . premises. NEIGHBORHOOD IDENTIFICATION SIGN:A sign located in the public right of way which Identifies the name of a particular neighborhood. NEON PUBLIC PARKING SIGN:A standardized parking identification/entry sign as shown in figure 21A.46.020 of this section that is approved under contract with the Salt Lake City transportation division. The sign may be attached to a building as a projecting sign or stand alone as a freestanding sign. NEW DEVELOPMENT SIGN:A temporary sign used to identify a new development being constructed. NITS A unit of measure of brightness or luminance. One nit is equal to one candela/square meter. NONCONFORMING SIGN:Any sign or structure or portion thereof which was lawfully erected in compliance with applicable regulations of the city and maintained prior to April 12,1995,and which fails to conform to the sign regulations of this chapter and all other applicable standards and restrictions of this title. OFF PREMISES SIGN:A sign which directs attention to a business,commodity,service, entertainment or 5 attraction sold or offered at a location other than the premises on which the sign is erected. ON PREMISES SIGN:A sign which directs attention to a business, commodity,service,entertainment or attraction sold or offered on the premises on which the sign is erected, OPEN AIR MALL:A building or buildings that are designed to function like a traditional shopping mall,but do not have a ceiling or roof. OUTDOOR ADVERTISING SIGN:See definition of"Billboard(Outdoor Advertising Sign)". PARI<BANNER SIGN:A banner hung from either an existing light pole standard or on a pole erected specifically for the purpose of accommodating a banner.A park banner sign includes verbiage and/or design that relates to either a permanent venue within a park or provides a means of identifying the specific park itself.A"park banner sign"does not include any banner that contains verbiage or symbols that relate to or otherwise identify a temporary event. POLE SIGN:A freestanding sign other than a monument sign,erected and maintained on a mast(s)or pole(s)and not attached to any building.(See figure 21A.46.020 at the end of this section.) POLITICAL SIGN:A temporary sign advertising a candidate or candidates for public elective office or soliciting votes in support of or against any proposition or issue at any general, primary,special,school or any other election decided by ballot or a temporary sign expressing political opinion. PORTABLE SIGN:A temporary sign not permanently anchored or secured to either a building or the ground,but usually anchored or secured to a trailer,vehicle(where the primary purpose of the vehicle is to advertise)or frame capable of being moved from place to place. ram. PREMISES:A lot with its appurtenances and buildings that functions as a unit. PROJECTING BUILDING SIGN:A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. PROJECTING BUSINESS STOREFRONT SIGN:A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall.Said signs shall contain only the name of the business and/or associated corporate logo. PROJECTING PARKING ENTRY SIGN:A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall.Said signs shall contain only the words or symbol signifying the entry to a parking lot or structure. PUBLIC SAFETY SIGN:A sign designed to warn people of potentially dangerous or hazardous situations. Forms of public safety signs include:traffic safety signs,electrical hazard warnings,geologic hazard markers, etc. REAL ESTATE SIGN:A temporary sign related to the property upon which it is located and offering such property for sale or lease. ROOF SIGN:A sign erected on the roof of a building and constructed so as to appear as an extension of the building facade. (See figure 21A.46.020 at the end of this section.) Amok SHOPPING CENTER IDENTIFICATION SIGN:A pole,monument or flat sign used to identify a shopping center development consisting of two(2)or more stores.A shopping center identification sign may include electronic or other changeable copy. SIGN:An object,device or structure,or part thereof,situated outdoors or indoors which is used to advertise,identify,display,direct or attract attention to an object,person,institution, organization, business,product,service,event or location by any means,including words,letters,figures,designs, symbols,fixtures,colors,illumination or projected images.The term"sign"shall include the sign structure,supports,lighting system and any attachments,ornaments or other features used to attract attention.The term"sign"does not include the flag or emblem of any nation,organization of nations, state,county,city;or works of art which in no way identify a product or business logo. SIGN FACE:That part of the sign that is or can be used to identify,to advertise,to communicate information,or for visual representation which attracts the attention of the public for any purpose.The term "sign face"includes any background or surrounding material,panel,trim or ornamentation,color and direct or self-illumination that differentiates the sign from the building,structure,backdrop surface or object upon or against which it is placed.The term"sign face"does not include any portion of the support structure for the sign;provided,that no message,symbol or any of the previously described elements of a sign face is placed on or designed as part of the support structure.See subsection 21A.46.070W of this chapter. SIGN FACE AREA:The surface of the sign face. (See figure 21A.46.020 at the end of this section.) SIGN GRAPHICS:Any lettering,numerals,figures,designs,symbols or other drawings or images used to create a sign. SIGN MAINTENANCE:The maintenance of a sign in a safe,presentable and good condition including the replacement of defective parts,repainting,cleaning, and other acts required for the maintenance of the sign. SIGN MASTER PLAN AGREEMENT:An agreement outlining sign criteria to be used on private property but not oriented to a public street.The criteria should include,but is not limited to,the discussion of types, sizes and materials of construction of signs. SIGN STRUCTURE OR SUPPORT:Any structure that supports or is capable of supporting a sign,including decorative cover. SNIPE SIGN:A sign for which a permit has not been obtained which is attached to a public utility pole, service pole,supports for another sign or fences,trees,etc. SPECIAL EVENT SIGN:A temporary sign accessory to a use that identifies special events or activities.A special event sign shall not include real estate signs,garage/yard sale signs or other types of accessory signs. STADIUM:A confined but open air facility designed to accommodate athletic events or other large gatherings. STOREFRONT:A face of a building fronting on a street or having public pedestrian access. TEMPORARY SIGN:Any exterior sign, banner, pennant,valance or advertising display constructed of 7 paper,cloth,canvas,light fabric,cardboard,wallboard or other light materials,with or without light frames,intended to be displayed for a short period of time. Examples of temporary signs include:an A- frame sign; balloon;secured banner;unsecured banner;public event banner;garage/yard sale sign; political sign;real estate sign;special event sign. TWIRL TIME The time it takes for static text, images, and graphics on an electronic sign to change to a different text, images, or graphics on a subsequent sign face. VEHICULAR SIGN:A sign on a vehicle which is visible from the public right of way where the primary purpose of the vehicle is not to advertise a product or to direct people to a business. VENDING MACHINE SIGN:Any sign fastened to or painted to a vending machine which directly relates to the product contained in the machine. VISIBLE: Capable of being seen,whether or not any item of information is legible,without visual aid, by a person of normal visual acuity. WALL SIGN: A sign that is painted on a building wall containing the name of the business and/or its logo. WINDOW SIGN:A sign inside of or attached to the interior of a transparent glazed surface (window or door) oriented to the outside of the building.A display window that does not include signs shall not be considered a sign. 21A.46.060: SIGNS SPECIFICALLY PROHIBITED IN ALL ZONING DISTRICTS: The following exterior signs, in addition to all other signs not expressly permitted by this chapter, are prohibited in all zoning districts and shall not be erected: A. Animated signs excluding public service signs; B. Any snipe sign; C. Balloons; I D. Bench signs; E. Portable signs, except where specifically permitted by district sign regulations; U vie F. Signs overhanging the property line other than signs that are permitted under the sign regulations applicable to each zoning district; G. Signs which are structurally unsafe, hazardous or violate the uniform building code or the uniform fire code; H. Signs located near streets which imitate or are easily confused with official traffic signs and use words such as "stop", "look", "danger", "go slow", "caution" or"warning", except where such words are part of the name of a business or are accessory to parking lots; and I. Painted signs which do not meet the definition of wall signs. (Ord. 53-00 § 3, 2000: Ord. 88-95 § 1 (Exh. A), 1995) 21A.46.070: GENERAL STANDARDS: A. Construction Standards: 1.Applicable Regulations:All signs erected in the city after April 12, 1995, shall comply with the current standards of the national electrical code, and adopted building code, all provisions of this chapter and any other applicable provisions of this title or other applicable regulations. 2. Engineering Required:All sign permit applications for freestanding signs shall be engineered to conform with the applicable provisions of the adopted building code and,where required by the building official, shall be accompanied by an engineering drawing stamped and signed by a structural engineer licensed by the state attesting to the adequacy of the proposed construction of the sign and its supports. B. Ownership Shown On Signs:The name of the sign owner and sign erector of all signs shall be in plain and public view. Signs not carrying such an imprint will be presumed to be owned by the owner of the property on which the sign is located. C. Clearance Between Sign And Ground:A minimum clearance of ten feet(10') shall be provided between the ground and the bottom of any pole, projecting sign or flag. D. Signs Not To Constitute A Traffic Hazard: No sign shall be erected along any streets in such a manner as to obstruct free and clear vision; or at any location where by reason of its position, 9 shape,color or words, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device or block visibility for driveway ingress or egress. (See also subsection 21A.46.060B of this chapter.) E. Repair Of Building Facades:A building facade damaged as the result of the removal, repair, • replacement or installation of any signs shall be repaired by the property owner within thirty(30) calendar days from the date of the damage. F. Maintenance Of Signs: Every sign shall be kept in good maintenance and repair. The ground space within a radius of ten feet(10')from the base of any freestanding sign shall be kept free and clear of all weeds, rubbish and flammable material.The building official shall inspect and enforce this section pursuant to the provisions of section 21A.46.150 of this chapter. • G. Sign Removal: Signs identifying a discontinued use on the property shall be removed from the property within thirty(30)calendar days of the time the use was discontinued. H. Moving To New Location: No sign erected before April 12, 1995, shall be moved or enlarged or '` replaced unless it be made to comply with provisions of this chapter.. I. Lights And Lighted Signs: No spotlight,floodlight or lighted sign shall be installed in any way which will permit the rays of such sign's light to penetrate beyond the property on which such light or lighted sign is located in such a manner as to constitute a nuisance. Signs alleged to be a nuisance, by reason of light, by the neighboring property owners or tenants shall be subject to the zoning administrator's review to consider the validity of the nuisance complaint. If the sign is determined to be a nuisance, by reason of light, by the zoning administrator, the owner of the sign shall be required by the zoning administrator to take the appropriate corrective action. J. Height And Elevation Of Building Signs: The height and elevation of building signs shall conform with the following provisions: 1.Awning Signs: Awning signs shall not be located above the second floor level of the building. 2. Flat Signs: Flat signs may extend a maximum of two feet(2') above the roofline or parapet wall of the building on which they are located. 3. Marquee And Canopy Signs: Marquee and canopy signs shall not be located above the main entry level of the premises. 10 '" 4. Nameplates: Nameplates shall not be located above the first floor level of the building. 5. Projecting Building.Signs:A projecting building sign shall not exceed the top of the vertical • building wall on which it is located. 6. Projecting Business Storefront Signs:A projecting business storefront sign shall be located at the main pedestrian entry level of the building. 7. Projecting Parking Entry Signs:A projecting parking entry sign shall be located at the parking entry level of the building. 8. Roof Signs: The height of the sign face of roof signs shall not exceed twenty percent(20%)of the height of the building or ten feet(10'),whichever is less. 9.Wall Signs:Wall signs may extend to the top of the vertical building wall. 10.Window Signs: In the RB, RO, R-MU,CN and CB districts only,window signs shall not be located above the first floor. In other districts where window signs are allowed,they may be located on all floors. 11. Outdoor Television Monitor: Shall not be located above the second floor of the building. K. Signs On Public Property: Except for portable signs authorized pursuant to section 21A.46.055 of this chapter, no sign shall be located on publicly owned land or inside street rights of way, except signs erected by permission of an authorized.public agency. L. Extension Of Building Signs:The following building signs shall be allowed to extend beyond the face of buildings or structures in conformance with the following provisions: 1. Flat Signs: A flat sign,with no copy visible from the sides, may extend a maximum of two feet (2')from the face of the building, even when the extension extends over the public right of way, subject to the city's right of way encroachment policy. 2. Projecting Building Signs: Projecting building signs may extend a maximum of six feet(6') from the face of the building but shall not extend over a public right of way, except in the D-1 and D- 4 zones as allowed in section 21A.46.110 of this chapter. 1 Awning/Canopy And Marquee Signs: As authorized in other sections of this chapter. M. Roof Signs: Roof signs shall conform to the following standards: 1. The height of the sign face of roof signs shall not exceed twenty percent(20%) of the height of the building or ten feet(10'),whichever is less; 11 2. No guywires, braces or secondary supports visible from the ground shall be used; 3. Roof signs shall be designed to appear as extensions of the exterior building wall as shown in figure 21A.46.020 of this chapter or be located on the elevator/mechanical penthouse or, on buildings taller than one hundred feet(100'), may be located on blank walls at the highest inhabitable level; and 4. Roof signs shall not exceed the maximum permitted height for the zoning district in which it is located. N. Marquees: Marquees designed to project over public property shall: 1. Frontage Requirement: Extend across a major portion of the building entrance. 2. Height Limitation: Be located on the main entry level of the premises. 3. Thickness: Have a vertical face height or cross section dimension not exceeding three feet(3'). 4. Clearance: Have a clearance of at least ten feet(10') above the sidewalk. 5. Projection: Extend a maximum of twelve feet(12') from the face of the building but must not project closer than two feet(2')to the back of the curb. Avow 6. Location: Be so located as not to interfere with the operation of any exterior standpipe or to obstruct the clear passage of stairways or exits from the building. 7. Shelter: In order to provide pedestrian shelter, a marquee shall have its first six feet(6') of projection form a rectangle with the sides ninety degrees (90°)to the building face and the plane at least six feet(6')from the building parallel with the front property line. The remaining projection of the marquee can assume a configuration compatible with the architecture of the building. O. Marquee Signs: Signs attached to an approved marquee, as specified in subsection N of this section, may extend over public property a maximum of twelve inches (12")from the face of the marquee. Copy is allowed on the sides of the marquee. Signs placed within or below the ceiling of a marquee shall not extend beyond the marquee face and shall be placed within the vertical plane of the marquee.Within a commercial or downtown district, a permanent sign or letters may be attached to the top of, or fascia of, or within or below the ceiling of an approved marquee, subject to the following standards: 1.Vertical Dimension: Overall vertical dimensions of the combined sign and marquee shall not exceed five feet(5'). • 2. Height Of Sign: The height of the sign or letters shall not exceed two feet(2'). 3. No Side Copy: Signs attached to marquees shall have no copy on the side portion of the sign. oommok 12 4. Clearance: Signs attached to marquees shall maintain the minimum ten foot(10') clearance required for the marquee. P. New Development Sign: New development signs shall be permitted during construction through initial occupancy of ninety five percent(95%)of floor space for a nonresidential development and through ninety five percent(95%)initial unit occupancy for a residential development. New development signs shall be removed upon two(2)years of use, regardless of the level of occupancy. See sections 21A.46.080,21A.46.090,21A.46.100,21A.46.110 and 21A.46.120 of this chapter for zoning district limitations on size, height and location of new development signs. Q. Temporary Signs:Temporary signs shall comply with the following standards: 1. Required Setback:All temporary signs shall be set back five feet(5')from all property lines, except where displayed as building signs on buildings set back less than five feet(5')or where the sign setback is otherwise specified in this title. 2. Display Period And Removal: Temporary signs shall be permitted in accordance with the standards set forth below for display period and removal, unless specified otherwise in this title: Removal Required Sign Type' : Display Period 3 Days After Construction impact area Per city guidelines2 Per city guidelines2 mitigation sign Construction sign Duration of construction Completion Garage/yard sale sign , 2 sales per year(7 days End of sale maximum per sale) Political sign No limit Election/voting day Public event banner(on Per city guidelines Per city guidelines . public property) Real estate sign Duration of listing Closing/lease commencement date 13 ,000 ,— - ---- M Special event Duration of event End of event Vacancy sign Duration of vacancy Date of lease or of purchase and sale contract Notes: 1.See sections 21A.46.080, 21A.46.090, 21A.46.100,21A.46.110 and 21A.46.120 of this chapter for zoning district limitations on the size, height and location of temporary signs. 2.See section 21A.46.180,"Construction Impact Area Mitigation Signs",of this chapter. R. Flags Of Fraternal, Religious Or Civic Organizations: Flags of fraternal, religious and civic organizations are permitted as on premises signs, but shall not exceed thirty(30) square feet in area. S. Official Flags: Official flags shall not project over a property line, except within the D-1 and D-4 zoning districts,where official flags are allowed to project up to eight feet(8')across the property Amok line, but not within two feet(2') of the curb line.The pole support must be attached directly to the building and located so that all portions of the flag clear the pedestrian level of the building. �r Flags shall not interfere with street trees, light poles, utility lines, etc., and shall maintain a ten foot(10')clearance from the sidewalk. T. Freeway Height Exception: The height of on premises pole signs located on properties adjacent to 1-15, 1-80, 1-215 and the 2100 South Expressway(State Route 201) may be increased to a height of twenty five feet(25') above the pavement grade of the adjacent freeway if the sign is freeway oriented and located within three hundred feet(300') of the freeway. U. Freeway Frontage: Freeways shall be considered street frontage for signage purposes. Pole and monument signs approved on freeway frontage shall be limited to seventy five percent(75%) of the maximum size allowed for the zone. Reduced size pole and monument signs shall be interchangeable with other pole and monument signs on the same site. V. Historic District Signs:The board of adjustment may authorize, as a special exception, modification to an existing sign or the size or placement of a new sign in a historic district or on a landmark site if the applicant can demonstrate that the location, size and/or design of the proposed sign is compatible with the design period or theme of the historic structure or district and/or will cause less physical damage to the historically significant structure. 14 W. Sign Area Determination: Sign face area square footage shall be determined as follows: 1. Flat Signs(Excluding Letter Signs And Backlit Awnings)And Wall Signs:The entire surface of the sign face shall be measured. 2. Backlit Awnings And Letter Signs:A polygon, not to exceed eight(8)sides,shall be drawn around the copy area to enclose as nearly as possible the space covered by the copy. 3. All Signs:Words, symbols, letters, images, logos and all other designs that are intended to convey a message shall be included in calculating the sign face area. Colors, stripes and other designs that are not intended to convey a message shall not be included. (Ord.62-09 §2, 2009: Ord.77-08,§ 1,2008:Ord. 5-05§4, 2005: Ord. 13-04§23,2004: Ord.78-03§4,2003: Ord. 62-03§ 1, 2003: Ord.61-00§§ 3_6,2000: Ord. 53-00§4,2000: Ord. 88-95 § 1 (Exh. A), 1995) • X: Electronic Signs: Electronic signs shall conform to the following standards: 1. Motion Any motion or appearance of motion of any kind is prohibited on an electronic sign face. Electronic billboards shall have only static text, images, and graphics. 2. Dwell time The text, image, or display on an electronic sign may not change more than once every eight (8) seconds. Twirl time between subsequent text,, images, or display shall not exceed 0.25 seconds. 3. Brightness The illumination of any electronic sign shall not increase the ambient lighting level more than three-tenths (0.3) foot candle when measured by a foot candle meter, perpendicular to the electronic face, at a distance defined by the following formula: Measurement Distance = the square root of, the Area of Sign Square Footage x 100 4. Size Individual zoning districts define maximum sign size, the maximum portion of the signs that are allowed to be electronic, as opposed to a static image, shall be as follows: a. Sixty percent of the sign face in CS and CC zoning districts b. Eighty percent of the sign face in the Downtown and Gateway districts c. One hundred percent of the sign face in Manufacturing M and General Commercial CG zoning districts. d. Forty percent of the total sign face in all other zoning districts. 15 Amok e. Electronic billboards as defined in section 21A.46.160 are allowed one hundred percent of the sign face to be electronic in those zoning districts where electronic billboards are permitted 5. Display period Electronic signs may not be illuminated or lit between the hours of midnight. and 6 a.m if they are located within 600 Feet of a residential, mixed-use, downtown, Sugar House Business District, gateway, Neighborhood Commercial, Community Business, or Community Shopping Center zoning district unless the business on the site is actually open for business during those hours 6. Public safety • a. All text and images must be of a size and shape to not cause drivers to reduce speed or pause in order to comprehend the message. b. Serial messages that require multiple passes or multiple signs to comprehend the message are prohibited. c. Electronic signs located in an Airport Influence Overlay zone are subject to Airport restrictions regarding lighting. 7. Controls a. All electronic signs shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness and display period as provided above. Amok b. Prior to approval of any permit for to operate an electronic sign, the applicant shall certify that the sign has been tested and complies with the motion, dwell time, brightness, and other requirements herein. c. The owner and/or operator of an electronic sign shall submit an annual report to the city certifying that the sign complies with the motion, dwell time, brightness, and other requirements herein. d. The City has the right to verify, or receive additional verification, upon request. 8 Prohibition: All electronic signs not confirming to the above standards are prohibited. 21A.46.160: BILLBOARDS: A, Purpose Statement: This chapter is intended to limit and reduce the maximum number of billboards in Salt Lake City-fi-e-n ei Ana, -c-r+rrent number, This 16 • chapter further provides reasonable processes and methods for the replacement or relocation of existing nonconforming billboards to areas of the city where they will have less negative impact on the goals and policies of the city which promote the enhancement of the city's gateways, views, vistas and related urban design elements of the city's master plans. B. Definitions: BILLBOARD: A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property where the sign is located. the number and square footage of nonconforming billb^ar.lS rend, nrl nuir&- n4 to this chapter. BILLBOARD CREDIT: An entry intro a billboar wner'ss h b shows the ►ten-be-r-and square footage-ef-demolished nonconforming billboard BILLBOARD OWNER: The owner of a billboard in Salt Lake City. BOULEVARD: the following streets are designated Boulevards for billboard regulation purposes: 1. 4000 West; 2. 5600 West; 3. 2100 South Street/Parleys Way from Interstate 15 to Foothill Boulevard; 4. Foothill Drive/400-500 South from 1000 East to Interstate 80; 5. 400 South from Redwood Road to 1000 East (excluding Special Gateway): 6. 300 West from 900 North to 900 South; 7. North Temple from State Street to Interstate 80 (excluding Special Gateway); 8. State Street from North Temple to 2100 South Street(excluding Special Gateway); 9. Main Street from South Temple to 2100 South (excluding Special Gateway);. 10.7200 West; 11.500 South from 300 West to 700 East; 12.600 South from 200 West to 700 East; '13.700 East; 14.1300 South/California from Redwood Road to its eastern terminus. 17 CITY ENTRY: The following streets are designated City entries for billboard regulation purposes: 1. 400 South from Interstate 15 to 300 West; 2. 500 South from Interstate 15 to 300 West; including the on-ramp portions of 1-15 from 500 west to 500 feet after the connection of travel lanes onto the main traveled freeway; 3. 600 South from Interstate 15 to 200 West; Including the off-ramp portion of 1-15 beginning 500 feet before the separation of travel lanes from the main traveled freeway; 4. 600 North from 800 West to 300 West; 5. 900 South 1-15 off/on-ramp from Brooklyn Avenue to West Temple . ELCTRONIC CONVERSION: The process of changing a billboard face from static copy to electronically changeable copy. EXISTING BILLBOARD:A-I ltboarel-whic- constructed1 maintained and in e €e--wh-is"on-a-per it for constr„ction iss„ed of J 993 A billboard that does not comply with current zoning but was lawfully erected and complies with all immik other applicable local and state regulations. ELECTRONIC BILLBOARD: A form of electronic sign displaying off-premise advertising. FREEWAY. The following streets are classified as freeways for billboard regulation purposes: 1. Interstate 80; 2. Interstate 215; 3. Interstate 15; 4. State Route 201/The 2100 South Expressway; 5. Mountain View Corridor. Excluding all portions of any freeway on/off ramps defined as being City entry streets GATEWAY: The following categories of streets or highways within Salt Lake City: Freeway, City Entry, Special Gateway and Boulevard streets.; 1,1ntcrstate 80; 18 2. Interstate 215; 3—mtecs ate4 4 norm West• tinnn Wes}. 6. 2100 South Street from Interstate 15 to 1300 East; 7 The ` 100 South wnressway from 1_'1 5 ,ores}to the city limit• , 8. Foothill Drive from Guardsman Way to Interstate 80; 9 400 Stem-IStte to 'I5 to 800E st• 10. 500 South from Interstate 15 to 700 East; 11. 600 Sou h from ;nrte tare '15 }o Inn East 12. 300 West from 900 No h-te-900 South; 13. North;e,pte fr m Main Street to Infe-r-state 80; ,1/1. MCa-inr-84ce t from Worth Temple to 2 ree4 r -1-5,State-Street-fr$m--South Tempte-to 21-00--gout-h;-and 8_North from Ron We_sst to 300 West GRANERY DISTRICT EXCLUSION AREA: The CG General Commercial properties located between 300 West to I-15 and 200 South to the 900 South off/on-ramp; which are identified to be rezoned mixed-use according to the Gateway Master Plan. n1 1,tLBOA-RD: A b l oa d-fo- ,h�,, " _pem�it-te-eenstruct-ic issued-after secember 31, 1993. NONCONFOR�""1nlm Blt R�BOARD:An existing bill-boa4A-46,thich is located in —ning di-strjot-or otheiice-situated-+n-a-w y h-iol-i-we-u-ld-n-ot-be-permitted y ev+sio��s of tf�+s�-c-hT 19 SPECIAL GATEWAY: The following streets or highways within Salt Lake City: 1. North Temple between 600 West and 2200 West; 2. 400 South between 200 East and 800 East; 3. State Street between 600 South and 2100 South; and 4. Main Street between 600 South and 2100 South. TEMPORARY EMBELLISHMENT: An extension of the billboard resulting in increased square footage as part of an artistic design to convey a specific message or advertisement. Utah-Federal Agreement: The agreement entered into between the Governor of the State of Utah and the Secretary of Transportation of the United States, dated January 18, 1968 as ratified and approved in the Utah code. oak C. Limit On The Tot - all-be , allowed in Sa t I ake City thin the number„f ex�, ng_billboards.New Billboards Prohibited: New Billboards, including any increase in square footage, or additions of another face are prohibited in Salt Lake City. D. Relocation of Billboards: Existing billboards may be relocated as mandated by the requirements of Utah State law if consistent with the Utah-Federal Agreement. 1. Additionally, billboards may be relocated from any zoning district to Manufacturing and CG General Commercial zoning districts with the restriction that they are not oriented towards, or located within 600 feet of a gateway street or a residential zoning district or located in the Granery District Exclusion Area. 2. Billboards may also be relocated as outlined in subsection R in coniunction with a conversion to an electronic billboard DE. Permit Required For Removal Of N�nc-e-nfarm+n-g-Billboards: 1. Permit: Nonconforming billboards may be removed by the billboard owner only after obtaining a permit for the demolition of the nonconforming billboard. 2. Application: Application for demolition shall be on a form provided by the zoning administrator. 20 3. Fee: The fee for demolishing a nonconforming billboard shall be one hundred eleven dollars ($111.00). E. Credits For Nonconforming Billboard Removal: After a nonconforming billboard is demolished pursuant to a permit issued under subsection D1 of this section, or its account shall show the date of the removal and the-zoning-district of the demolished nonconforming billboard. The account shall reflect billboard credits for the billboard and its square footage. Demolition of a conforming billboard shall not result in any billboard credit. F. Priority For Removal Of Nonconforming Billboards: Nonconforming billboards shall be rtimo ed s„biect to the following priority schedule: is zoned l i resldentn�u4-t c, h D 1; D 3 and D shall be re„Toed-fi-rct; 2. Billboards in districts zoned oamnerc-ial-CN-or-GB;of-g-atewa on gateways shall-be-re ove -seesn,T 3. Billboards�hQn,oh-are near-enfer-ming for any other reason shall be removed last; and 4-A bil aorty before removing-billboards in-a-hag-i r eTthe-b-iJlheard-eredi+s f^r r^,n^„ins, bil arcl-u-n-til-two (o) bilboards speolfied in subsection Fl of this section, or its , h-a total square footage eq al to_or greater than the ti lower n-rri rity lei-Ilboar -are credited-in-the-bill 's billboard bank account. If a billboard ewaaf-f a -n-^-s-u-bsoction F'1 of this section, or it uooeo n^n^^reforming b-i 2) subsection F2 Of this section, or its successor, priority billboards may-be-credited in tfa bank account to effectuate the billboard-ereditc of a sabseo+fin D issection ^r its uccessor, billboard-to allow thne conctntotion of n ar-thy n„rposes of thin warier +h `-) -h;g haisp-riorit„ billboards credited i_�_141 hti bil_���llb.00arrd__bannk_`c-c^au- can-be-us r�nly anoe-to-effeetuate-the-blltboa�=d-s-red-its-for lower-priority billbea-rd: G. Life Of Billboard-Gred-tT^" llbeard-c-redlts not used-within-thl-i y-s-i-x-( -)-rnnonths doff tth.��e�i/rereatie�=,i.-{s-haal-e*pire and,.,b'e�of no fu,r+h; „^l„^ ^r „s ex _p. 1 t-lo NiL"""`y art -e-Ifert„nted n„rs .Yii-l-to-s-61-boec-tion-r-t-4-e 4h is suction- arils suece ssor, 21 creation. billboard and/or billboard credits. Transferred billboard credits which arc not effective shall--net-bec-erne cffective-for-their-new, owner „n+il +hehave-bccome their thirty civ /4R1 month life provided in cNibsection G of this rantinn or its QTl ll l—TTI'�v .n van J 11,IJ Jli1�TlJT1�-pl—{�J succe-cor. advertising faces shall receive billboard credits for the square footage on each face, JF.New-Billboard Construction: It is unlawful to construct a-new-billboard other than pursuant to the terms of this chapter. In the event of a conflict between this chapter Alek and any other provision in this code, the provisions of this chapter shall prevail. G Billboard enlargement: Any increase in square footage of a billboard, including adding an additional face to a one sided billboard is prohibited. Permi♦ted Zoning Districts• glue, billbo rds b str cted only, i.l the are-a identified-en-the ^{{�,T,'-eial-bllbeard-map-: -LI_I. New-Billboard relocation or remodeling Permits: 1. Application: Anyone desiring to construct-relocate or remodel a new billboard shall file an application on a form provided by the zoning administrator. 2. Fees: The fees for a new-bi-llboard construction permit to relocate or remodel a billboard shall be: a. Building permit and plan review fees required by the uniform building code as adopted by the city; and 4090, 22 b. Inspection tag fees according to the fee schedule or its successor. M-t4-se Of Billboard Credits: credits of a sufficient number of square feet and billboards altew construction of then ilboa d 2,-When-the permit for the co administrator shall deduct from the billboard owner's billboard bank account a. The square footage-of the new billboard; and b. The number of billboards whose square fo new billboard construction. considering both the number of billboards and square footage, any r-c-muinnrnn sq uur-e fv vtu g e sh u lnl-remaininr the bibvurd bank. NI. New-Billboards Prohibited On Gateways: Except as provided in subsection-D of this section, or its successor, no new-billboard may be constructed within six hundred feet (600') of the right of way of any gateway street. J. Changeable copySpecial-Gateway -►ovtsiens 1. If a no ol-i-shed-within a special-gee billicea-i t-ocaner may constr t-a-ncw billboard along the same-special gate aaay4n-az7-en4ng-d;atrict equal to or less restrictive than that from which t e nonconforming billboard was rem_moved and suribject to subsections P, Q, R-a-nei-S--of this section,-pre ideditit-thy s«-of the--new-billboard- oes--n-ot exceed the amount of billboard credits in-the-special-gateway billboard bad 2. The demolition of a nonconforming-b.ji-theme, ;suan-t-to-this section shall n-et acer-ue-bitlbenrurd-cred�+ittsvrithin_t-tthe� ggeneral billboard ba <. Credits for a billboard-demolisher) or construc-r��cted rithin �a specia�iAi�ga ewar sshall b trT� cked-wi#-h-in-a separate bank account for ach special-ga-tpermit pe',mit for the construction of-a-new-b-H-1-bea-rd-p-drsuant4e-this-section-must be-taken 23 4,40.144, out within thirty civ (36) month of the demolition of the nonconforming billboard Copy may not be changed more often than once every twenty four (24) hours, except electronic billboards. PK. Maximum Size: The maximum size of the advertising area of any new billboard shall not exceed fifteen feet (15') in height and fifty feet (50') in width. QL. Temporary Embellishments: 1. Temporary embellishments shall not exceed-ten percent (10%) of tho advcrtising face of any billboard and shall not exceed five feet (5') in height above the billboard structure. 2 now, nnrarti embbe11i�ment-s-h-alri-amaintained on--aa-bi-liboard-mofe-t can' twelve (12) months. Temporary Embellishments are prohibited RM. Height: The highest point of any ,billboard ernh> ;hmen-ts-shall not be more than: a—Forty five feet (45') above the existing grade; or the maximum height for a pole sign in the applicable zoning district, whichever is less, unless otherwise mandated by State law or modified according to subsection 0.3. 2. Ifs ^;thin one hundred feet (100') of the bilthoardr e- r. uted-renq-ti e street at thee po�oint at which the billboard is perpendicular to the stre etis n a different grade than-thry new hilleafel4 eny.�� ty-f ti_-feet- /7F!\ nbeye the pavemen-t-elevatien-ef-th-e-street. 3. If tT thh-e-p-revisieno of cuhcecfien R7 „fthi nor its succ-ssor eu-bseetion, apply to more than one street, the new billboard ma„ be the la-igher of-the-fwe-(2)-heights- $N. Minimum Setback Requirements: All freestanding billboards shall be subject to pole sign setback requirements listed for the district in which the billboard is located. In the absence of setback standards for a particular district, freestanding billboards shall maintain a setback of not less than five feet (5') from the front or corner side lot 24 line. This setback requirement shall be applied to all parts of the billboard, not just the sign support structure. TO. Spacing: 1. Small Signs: Billboards with an advertising face three hundred (300) square feet or less in size shall not be located closer than three hundred (300) linear feet from any other small billboard or eight hundred feet (800') from a large billboard on the same side of the street; 2. Large Signs: Billboards with an advertising face greater than three hundred (300) square feet in size shall not be located closer than eight hundred (800) linear feet from any other billboard, small or large, on the same side of the street. 3. Spacing and height for billboards fully integrated into the architecture of a building and not free standing, may be modified by the Planning Commission as a Conditional Building and Site Design Review as outlined in section 21A.59, as long as such modifications are consistent with State Law 4. Signs may not be located on an interstate highway or limited access highway on the primary system within 500 feet of an interchange, or intersection at grade, or rest area measured along the interstate highway or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way P Lighting: Nighttime illumination of billboards may not glare directly onto the roadway or sidewalk or across property lines. Billboards located within Residential, Mixed- Use, CN or CB zoning districts may not be illuminated or lit between the hours of midnight and 6 am. Billboards located in an Airport Influence Overlay zone are subject to Airport restrictions regarding lighting. Q Electronic Billboards: Electronic Billboards are subject to the criteria for electronic signs outlined in 21 A.46.070. X R. Conversion of existing billboards to electronic billboards: Conversion of a billboard to an electronic billboard is prohibited except under the following conditions: 25 1. CG and M zoning Districts: Billboards located within the General Commercial or Manufacturing zoning districts may be converted to electronic billboards as long as they are not located within 600 feet of any Gateway street nor located within the Granary District Exclusion area, provided that an amount of billboard square footage equivalent to the size of the billboard being converted is removed elsewhere in the City and provided it meets all other requirements of this chapter. 2. Freeways: Billboards on Freeways may be converted to electronic provided that they are located in a CG General Commercial or Manufacturing zoning district and not located within the Granary District Exclusion area, and an equivalent amount of square footage is being removed from a City Entry Street, Boulevard Street, residential zoning district, Neighborhood Commercial CN zoning district or Business Commercial CB zoning district and provided it meets all other requirements of this chapter. 3. Billboards may also be converted in connection with a relocation of the billboard as follows: a. Downtown and Gateway Districts: Billboards located within the Downtown or Gateway zoning districts may be relocated within the same zoning district, subject to all spacing and height regulations, and ionik converted to electronic as long as an equivalent number of square , . footage is removed elsewhere in the City from any Gateway Street, residential zoning district or Neighborhood Commercial CN zoning district or Business Commercial CB zoning district and provided it meets all other requirements of this chapter and the electronic billboard is not freestanding but is fully integrated into the architecture of a building and provided it meets all other requirements of this chapter. b. Special Gateway Street: Billboards located on Special Gateway Streets may be relocated within the same special gateway and converted to electronic as long as an equivalent number of square footage is removed from any Gateway Street, residential zoning district, Neighborhood Commercial CN zoning district or Business Commercial CB zoning district and provided it meets all other requirements of this chapter and the electronic billboard is not freestanding but is fully integrated into the architecture of a building and provided it meets all other requirements of this chapter. c. R Residential, CN and CB zoning districts and Gateway Streets: Billboards located in a residential or CN Neighborhood Commercial or CB Business Commercial zoning district or any Gateway street may be relocated to a CG or M zoning district according to subsection D.1 and 26 may be converted to electronic on a one square foot per one square foot basis, provided it meets all other requirements of this chapter. Strict prohibition of conversion to electronic: 1. Conversion of any billboard non-conforming to state or the Utah-Federal Agreement spacing is specifically prohibited. 2. Conversion in any residential or Neighborhood Commercial CN or Business Commercial CB zoning district is specifically prohibited. 3. Conversion of any billboard located on a City Entry street or a Boulevard street is specifically prohibited. US. Landscaping In Residential And Commercial CN And CB Zoning Districts: Properties in any residential zone and commercial CN or CB zones on which a billboard is the only structure shall be landscaped as required by sections 21A.26.020 and 21A.26.030 and chapter 21A.48 of this title, or its successor chapter. No portion of such property shall be hard or gravel surfaced. VT. Landscaping In Other Zoning Districts: Property in all districts other than as specified in subsection U of this section, or its successor subsection, upon which a billboard is the only structure, shall be landscaped from the front of the property to the deepest interior point of the billboard for fifty (50) linear feet along the street frontage distributed, to the maximum extent possible, evenly on each side of the billboard. WU. Xeriscape Alternative: If all the properties adjacent to and across any street from the property for which billboard landscaping is required pursuant to subsection V of this section, or its successor subsection, are not developed or, if a water line for irrigation does not exist on the property or in the street right of way adjacent to such property, the zoning administrator may authorize Xeriscaping as an alternative for the required landscaping. XV. Existing Billboard Landscaping: Existing billboards shall comply with the landscaping provisions of this section on or before January 1, 1996. 27 W. Compliance With Tree Stewardship Ordinance: Construction, demolition or maintenance of billboards shall comply with the provisions of the Salt Lake City tree stewardship ordinance and the Tree Protection ordinance.- ZX. Subdivision Registration: To the extent that the lease or other acquisition of land for the site of a new billboard may be determined to be a subdivision pursuant to state statute no subdivision plat shall be required and the zoning administrator is authorized to approve, make minor subsequent amendments to, and record as necessary, such subdivision. Y. Enforcement:, Any illegal billboard and any violation of the requirements of this subsection are subject to enforcement pursuant to SLC code Chapter 21A.20 Z Severability: If any section, sentence, paragraph, term, definition or provision of this chapter is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term, definition or provision of this chapter, all of which will remain in full force and effect; except sections D.1, D.2 and R which will be deemed repealed. • AA. Special Provisions: = . Applicability: The provisions of this section shall apply to specified billboards located: t� Four (4) existing billboards• hetwecin 1500 North an acent te—the—e&t ..rr rc—vr-nn-ce--s-ta cc--o rrcr tip-e evisting binhoard on the cast side of Viete y Rear, at app-o .tely-1100 North, L. General Applicability: Except as modified by this section all other provisions cf this chapter shall apply t^ } i e ( '2 'pedal_ ority: The fir� (joy)c�n� i$ied billbearns shall be con�irdlore as gatew �, inboards for the purposes of-the p-riority provisions of subscc-tie-n-F of this seetien—ac4t& successor subsection. �. Laf}dscap+r}g hn f„Ve (�; specified l�inboards shed-be landesaped-porn a-n-tr<-te-the {provisions of subsection V of this seetie;n, or its-successor subsection- S-B State M ndatedl-Relocation Of Billboards: Except as--othet�+ti a{ arized herein, e-leeaterlci tiept nr mand ted hey re-Faq-t ir-e eb-ts-ef 4-ta-, te-law, (Ord. 72-08 § 2, 2008: Ord. 42-08 § 12, 2008: Ord. 13-04 §§ 25, 26, Ask 28 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off- premise advertising in Salt Lake City. What do you think? Public comments as of September 19, 2011 , 8:59 AM All Participants around Salt Lake City 1,0 cis f n, SF2 _ a —� �J•ea i.',`"'zi�� _ 'ems i I l � � _1,}'- I IN N. 14 .414 ttiI try - As with any public comment process,participation in Open City Hall is voluntary. The statements in this record are not necessarily representative of the whole population, nor do they reflect the opinions of any government agency or elected officials. • Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off- premise advertising in Salt Lake City. What do you think? Introduction Petition 400-06-51:Zoning Text Amendment,Transit Shelter Advertising PLNPCM2010-00032:Zoning Text Amendment, Billboards PLNPCM2010-00717: Zoning Text Amendment, Electronic Billboards Aimik Public comments as of September 19,2011, 8:59 AM http:/1vnvw.peakdemocracy.comf643 Page 1 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off- premise advertising in Salt Lake City. What do you think? As of September 19, 2011 , 8:59 AM, this forum had: Attendees: 236 Participants around Salt Lake City: 45 • Hours of Public Comment: 2.3 • Public comments as of September 19,2011, 8:59 AM http:1Awwv.peakdemocracy.com/643 Page 2 of IS • Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City Name not shown in District 6 September 16, 2011, 5:31 PM Our city is visually deteriorating due to the many (and too often tasteless) billboards. Business continues in cities without billboards and the cities hold a lot more charm and appeal. I'd prefer they were all gone.They are also a distraction to drivers. charlene durham in District 6 September 12, 2011, 2:02 PM I don't have a strong opinion about allowing or disallowing billboard advertising, but there needs to be significant guidance about their use; in other words, regulation. First, electronic billboards: there needs to be regulation regarding brightness, and color selection.The new board on 1-15 southbound at the I-215/Beck Street exits is horribly glaring and makes night driving difficult beyond it's distractability factor. Small, informative school signs are a very different matter. Second, number of billboards:when driving northbound 1-15 it is distressingly obvious when one enters Layton.The number and placement of advertising billboards makes it difficult to find the UDOT information signs. In addition, it makes Layton an ugly place to drive through. Third, content: it's hard to regulate taste, but the breast enhancement/liposuction ads are not a good image to introduce our fair city. Please make these considerations a part of the discussion. Carole Straughn in District 7 September 3, 2011, 12:22 PM I oppose all billboards because: 1)They create visual clutter. People love to visit and live in Salt Lake because of the beauty.When we allow ugly signs to obstruct the view, we degrade the enjoyment of all for financial gain of a few. 2) Billboards, especially electronic ones, create light pollution, which damages human health. (See comment by Ross Chambless.) 3) Along highways, billboards can distract drivers, causing accidents. 4) Billboards use a lot of electric power.We need to be finding ways to conserve power, so that we don't have to burn so much fossil fuel, polluting the air and disrupting the climate. If we cannot eliminate all billboards, let's make them as unobtrusive as possible. For example, small posters for bus kiosks and transit stops can sometimes be attractive. Let's do all we can to phase out the large tacky billboards, with or without electronics. As for the argument that billboards create jobs, surely we can find other ways to create opportunities for employment. For example, we could foster more tourism to our beautiful city or facilitate more small business. Name not shown in District 7 August 31, 2011, 10:16 AMA' Public comments as of September 19,2011,8:59 AM http:/Awnv.peakdemocracy.corn643 Page 3 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City I think billboards of any kind cheapen a city or area of the city no matter what kind of billboard it is. Personally, I oppose all billboards.With the internet, people can find what they need by looking it up. Advertising is in our faces constantly. Utah and Salt Lake City have some of the ugliest streets I've ever seen because of the large number of billboards.Take a trip to a city that cares how it looks (CA and some other states)and you will find billboard advertising has been strictly regulated and sometimes even eliminated completely.Why should anyone have to stare at a billboard so someone else can make a buck? It's similar to noise pollution...it's sight pollution, and it's just ANOTHER way for business to dump on citizens who don't need it or want it. Name not shown in District 2 August 30, 2011, 4:37 PM Electronic billboards have a place in any city.They help business flourish and grow and are the most inexpensive form of advertising. I believe that if you ban electronic billboards you will be sending a very strong message to the businesses located within the city.That message is we want to limit the amount of revenue you take in. Business will simply start looking elsewhere when deciding where to open. Name not shown in District 7 August 29, 2011, 4:41 PM I am in favor of the City adopting an ordinance that is favorable to electronic signs. Signs are an integral part of the free enterprise system, and a well drafted and enforced sign ordinance is critical to the vitality of the City. Signs, especially electronic signs, allow business owners, government, schools, and other community stakeholders to communicate relevant, up-to-date information regarding products and services that help Salt Lake City grow and flourish. I have seen communities that severely limit or ban electronic signs.What happens next is banners, sign trucks, snipe signs, and other signs begin to crop up and make the city cluttered and unsightly. Banners and the like are unnecessary if a well drafted electronic sign code allows community service providers and businesses to communicate in an up-to-date and effective manner. Electronic billboards allow for an increase in advertising supply, without increasing the number of signs. It is a great way to get the word out without the environmental impact of newspapers, flyers, and other less environmentally-friendly advertising methods. I believe that an electronic sign code that allows electronic signs and billboards and that places reasonable controls on brightness and location, will ultimately make Salt Lake City a more viable community and a better place to live. Name not shown in District 7 August 25, 2011, 8:24 AM Advertising on digital billboards is fine. Let business flourish in Salt Lake City, There can be different Public comments as of September 19,2011, 8:59 AM http://wew.peakdemocracy.com/643 Page 4 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City parts of the city where it is not allowed through zoning (that is what it is for), but I see no reason to ban it across the entire city. Business brings jobs and tax revenues to a city's economy. Advertising is part of business. I believe we should allow digital billboards and advertising in business districts. Name not shown in District 2 August 24, 2011, 9:18 AM It is of most importance for our city to allow digital signage that can change messages regularly or show video for on premise and outdoor business. It has been said that they are a cause of accidents. For all those who think of know that is true I would like to see legal information showing of a accidents caused by digital signs. Its interesting to see how the Highway Patrol uses these signs on the major roads, and freeways, along with the police in residential neighborhoods for speeding cars. I would also like to bring to your attention that all these digital colored signs that our great law enforcement are changing very regularly, and in many cases flashing and scrolling in nano seconds. Why should the city restrain the great tax paying business to capitalize on these digital signs, when are city allows the uses of them? I think our tax dollars could go to allot better use than worrying about signs like feeding the hungry, serving others and the list goes on and on. oommok Name not shown in District 7 August 23, 2011, 10:28 AM Digital billboards are part an important part of our city. They look better an cleaner than traditional billboards, they provide important public service announcements, and they allow small businesses a place to advertise. I feel they belong in our community! Name not shown in District 2 August 23, 2011, 9:16 AM Outdoor advertising has been around for quite some time now. I am happy to see electronic billboards being built and updating the means of advertising and communication in Salt Lake City. Electronic Billboards provide important information instantly to drivers throughout Salt Lake. I don't see any problem with outdoor advertising, specifically electronic billboards. In a world where communication and awareness is so important, I think electronic billboards deliver the most information in the most efficient ways. Dave Wallace in District 2 August 20, 2011, 12:48 AM When was the last time you were traveling and needed to find a hotel a rest stop a gas station a hospital, a restaurant? When was the last time you needed to see an ad to help stop smoking, lose weight, Amber alerts, traffic, weather, seeking help such as debt relief, Drug and alcohol addiction? When was the last time you needed to obtain information regarding events that are in the city, like the ' Public comments as of September 19,2011, 13:59 AM http./Amv peakdemocracy.com/643 Page 5 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City symphony, opera, concerts, farmers markets, finding a church, helping the poor and needy? Remember, not everyone who drives on our streets lives here. Having digital billboard and having the ads change is a huge benefit to our city, after all don't we want our city to succeed? How chaotic would our city be if we didn't have street signs to advertise where we are at and where we want or need to go? Billboards are that direction; let's not make bad decisions by banning digital billboards based on a few peoples hatred toward them. Name not shown in District 7 August 15, 2011, 4:37 PM Billboards are an unsightly and aggressive form of advertising that is not appropriate in a city setting. Please do not allow billboards to be posted throughout the city.There are currently billboards on 1300 East and 2100 south that are often covered in graffiti. This paints a negative picture of our city. Name not shown in District 4 August 10, 2011, 8:56 AM I believe that billboards of any kind in the City are unsightly. Billboards belong out on the open highways and not in the City. I see them as nothing more than graffiti. Electronic billboards are a traffic hazard. It seems to me that they draw our attention away from driving and watching the road. I would prefer that they are only allowed along highways in rural areas. Name not shown in District 6 August 5, 2011, 10:24 PM We just returned from a trip back East. It is apparent that Vermont has strong regulations on billboards. Upon crossing the state line into Mass.we were inundated with the roadside signs.They were distracting and unsightly.Thinking more on this topic since our trip and after being in Park City throughout the years it is clear that regulation makes a big difference.A positive difference.We think of the ground level billboards in our neighborhood and how inappropriate they are, and have noticed the electronic ones along the highway,These may be effective advertising devices (clearly, since they distract drivers, especially the electronic ones) but we weigh in in opposition to them. Our views throughout the valley, mountains and city are as valuable and we support less distraction by consumerism based advertising on billboards.True, it is intrinsic, but money and profit cannot be the only consideration in this policy decision. Valerie Swaner in District 3 July 22, 2011, 2:01 PM Where will the regulation end? This is not an issue limited to the digital signs owned by Yesco and Reagan Sign Companies. Take a moment and think about the larger issue of what the City and our Mayor have planned regarding the elimination of all electronic signs. "The mayor's office said e-signs used by businesses eventually would have to be addressed..." Salt Lake Tribune, April 12, 2011 "The city's blackout will not affect its six existing electronic billboards. Neither will it impact digital Public comments es of September 19,2011, 8:59 AM hltp://wen,/peekdemocracy.com/649 Page 6 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City business signs, though the Mayor's Office insists regulations on those so-called "on-premise" signs must be contemplated soon." Salt Lake Tribune, April 13, 2011 If digital signs are a light nuisance and a distraction to drivers, then all electronic signs are a problem! First ban off-premise commercial signs and then ban on-premise business signs. Here are examples of what may come next;The Flower Patch on 500 South and State Street uses a digital sign to advertise rose bouquets.Will City government tell them to turn off their sign? Across the street, Ken Garff has a digital sign. Does that sign pose a safety risk for drivers? Should they be forced to tear it down? Many banks and credit unions give us time, temperature and their current rates. Should Salt Lake City have the authority to turn off those signs? East High, West High and Highland High Schools all have electronic signs facing busy streets with teenage drivers.These signs tell us about Back to School Nights, Fall Registration dates, Holidays and school sporting events.Are they next? Should their flashy signs go dark? Is the Energy Solutions digital sign on 300 West a distraction? Are there more car accidents on that As** street because of their sign? `° Where does the regulation begin and end? Maybe all shiny signs should go... Name not shown in District 6 July 21, 2011, 6:02 PM Billboard, both electronic and traditional are already too agressively regulated. Banning electronic billboards will do nothing more than harm an already fragile economy. This action in turn will further diminish an already declining tax base in Salt Lake City. Over the course of the last year, I have taken my kids to play soccer at fields that have not been mowed in months making in nearly impossible for them to kick a ball; Taken them to baseball fields that are not maintained and actually pose a danger to them when they play; and finally to parks that have not had the garbage emptied in months and it was pouring out of the cans and piling up in front of them to the degree you could hardly see where the garbage can was placed. Why are these maintenance issue so prevelent in Salt Lake City? The answer is a dwindling tax base. It does not make sense to me that the City staff wants to further reduce the tax base, and even spend what little.tax revenue it presently has on an issue that does not need to be addressed. Name not shown in District 3 July 21, 2011, 4:48 PM Public comments as of September 19,2011, 8:59 AM littp:Aw,wpeakdemocracy.coml643 Page 7 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City There are several topics to address regarding the banning of digital billboards in Salt Lake City. One: Salt Lake City is in the bill board business.Two: Businesses, such as the JAZZ, have many advertising choices; however these businesses purchase outdoor because the medium is effective in creating business growth, in turn creating both a strong cooperate tax base and employment.Three: studies indicate that the debate on electronic billboards is not an issue that is important in the lives of constituents; currently constituents are most concerned about the state of the economy and job growth. The Downtown Alliance sells street pole flags on streets such as 400 south, 700 east, and Foothill Boulevard. However, Salt Lake City has banned the seven privately held outdoor companies from building bill boards in these areas. Salt Lake City through city zoning has created a monopoly on the downtown advertising space. Businesses advertise to let customers know about their services. Business purchase outdoor because outdoor effectively reaches consumers and will help business grow creating more taxable revenue and jobs. Without both corporate tax and private employment the city would not be able to support public services. Research in cities and markets similar to Salt Lake (Cleveland and LA Counties) indicate that a large percentage of the public find electronic signs to be both attractive and helpful to the community. These studies also indicate that the debate on electronic billboards is not an issue that is important in the lives of constituents, Outdoor advertising, including electronic advertising, benefits the community through promotion of commercial business, publicizing community events and public service announcements, and broadcasting emergency messages when necessary at little. or no cost. Organizations such as the Boy Scouts, Children's Miracle Network, and University of Utah Athletics have been the recipients of an incalculable amount of free advertising.Additionally, the Utah Attorney General's office, the FBI and the National Center for Missing and Exploited Children have all taken advantage of untold amounts of free advertising. Electronic billboards make delivering their critical messages simple and timely. Outdoor advertising in Utah supports hundreds of Utah jobs. Salt Lake City is the home of the corporate headquarters for Utah's two largest Outdoor Advertising companies. Is this really an issue at all, as unemployment climbs to above 7% in Utah, more members of the Salt Lake City community are living without the basic needs of health care, food, shelter and education. As a resident of Salt Lake I would prefer if Salt Lake City focus their efforts in reducing these humanitarian problems rather than wasting tax payers' money attacking the outdoor industry. Name not shown in District 2 July 21, 2011, 3:57 PM I think that it is funny that people are so quick to write or post stuff off emotion and there is really no thought to what is being said. People keep saying it blocks the view...What are all the sound walls on Public comments as of September 19,2011, 8:59 AM httplAmv peakdemocracy.com/643 Page 8 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City the freeway doing? People say that they are distracting to look at, well then do not look at them, really we are all have control of what we are doing with your bodies. Here is the thing that I find to be an issue that no one really has hit There are 7 jobs that are directly related to these electronic billboards,jobs that allow people to spend money in the cities that these billboards in. So lets all just look at the bigger picture and lets all stop being scared of change and of things that are different, and worry about bigger things in life. Name not shown outside Salt Lake City July 19, 2011, 2:06 PM Electronic Billboards are the future.Why is SLC government want to hurt economy?The Billboards can advertise more the customers can change the copy quickly and that is good for the stores, workers. Lets also look at the added little thing of Amber alert. Instant color photos and info, would that be nice to save 1 child or person for harm? But I guess we wont see any lack of election signs put up any where and MANY at one site.The Mayor and his crew is a no vote for me come election day. Name not shown outside Salt Lake City July 19, 2011, 8:56 AM I find electronic outdoor advertising a modern day advantage. Crisp colors, quick messages, and the availablility to advertise many different businesses, and events at a fraction of the cost. In our fast paced lifestyle, it's exactly what we need. Progress. 40.40, Isn't that what we are all working towards? Much different than the huge billboards of the past that kept the same ad up, long after the event was over, often tattered and faded! Aren't we the age of need-to-know-now? Instant messaging--electronic advertising seems to me to be the same concept, just a larger screen. Name not shown outside Salt Lake City July 19, 2011, 8:49 AM Isn't it funny that there are so many strange and even amusing comments about billboards. I can see that we don't want too many but banning them is absurd as is the comment about them being bad on our health. If we were voting to ban the businesses most of you work at you would be appalled but you are more than ready to hurt someone else.That is a great way to be.There are always better ways of doing things and maybe all of you should get together and come up with something. Businesses need ways to get their message out. I realize there are many other options but choice should still be ours. If you don't want to read billboards then that is your choice. Have some self control and don't look. I agree that we live in a beautiful and diverse culture and location but that beauty and/or culture are not changed all that much by the billboards that are out there. And when it comes to our health instead of just billboards maybe we should ban lights all together after 9:00pm including cars and trucks so that we don't get sick.There are so many troubles that really plague us but billboards probably wouldn't be at the top or even close on my list! Jeffrey Young in District 7 July 19, 2011, 8:07 AM To All Concerned - Billboards are highly regulated from federal, state, and city ordinances. Additional restrictions impacts Public comments as of September,10,2011,5:59 A61 htip://www.peakdemocracy.com/643 Page 9 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City free enterprise and negatively impacts the economy. We strongly disagree with the city wanting to impose further regulations on spacing, electronic installation, and timing. Every sign that is up has a valid permit. The Virginia Tech Transportation Institute has shown through multiple studies that there is no increase in risk to the public as they travel past and view these signs. Jeff Young Young Electric Sign Company Since 1920 Abdellatif Oukris outside Salt Lake City July 18, 2011, 10:37 AM Banning this Billboard is another bullet shouted on the already sick American economy. I personally lost my job on IT due to the stupid outsourcing that puts our dollars into other countries economy and guess what! A big lot of that money goes to our number one enemy like if we are making them stronger day after day to even treat us more and more;what a wise political system we have?!!! Long story short: I restored my life as an American consumer on the field of Billboard advertising, and banning it means putting me and thousands of other workers on the shadow of unemployment, killing local and national economy more and more. To those seeking to ban billboard advertising, please be wise and put your effort on banning outsourcing and help expending local business instead. God bless America! Name not shown outside Salt Lake City July 18, 2011, 10:08 AM Billboards/Electronic Billboards are great for the Utah economy & are a Public Service: 1.)They provide jobs for Utahns. Many Utah billboard companies have their headquarters hear in Utah and help contribute to the local economy.These companies provide jobs for many Utahns, from installers who install the advertisement, designers who create them, digital tech who maintain the electronic billboards and sales person who sell the ad space. Many people are affected by the jobs provided by local billboard companies. 2.)They help inform people.The electronic billboards are linked in with the national Amber Alert program.This means that when a child goes missing or is kidnapped, an alert is sent out and information on that child is posted to the digital billboard. I know that if my child went missing, I would definitely want everyone to know, in hope for a safe return. Since the Amber Alert program's inception, AMBER Alerts have been credited with the successful recovery of more than 400 children. On top of helping to find missing or abducted children, electronic billboards help to inform and capture criminals. "Most importantly, the billboards have led directly to the capture of at least 14 fugitives (from 2008-2009), plus many more indirectly through our overall publicity efforts.And all at essentially no cost to the American taxpayer... Long story short: the billboards are working and working well.And that means a safer America for all." - FBI, on Digital Billboard Advertising. Public comments as of September 19,2011, 6:59 AMWV/Amy.peakdemocracy.coo 643 Page 10 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City (http://www.fbi.gov/news/stories/2009/january/billboards_013009) In short, let's focus on the good that billboard/electronic billboards do for Utah and America in general. Name not shown in District 6 July 17, 2011, 9:31 PM Billboards are an absolute eyesore and are detrimental to a city's ambiance.All one has to do is drive on a freeway with NO billboards to quickly appreciate what a difference it makes.We live in such a gorgeous city--it's not worth it to pockmark the landscape with billboards of any kind. Arnold Klemens in District 7 July 16, 2011, 10:21 PM I think electronic billboards are fine. I think they are tastefully done and help provide jobs for Utahns. They are also good for businesses who wish to advertise for short periods of time. It is also a great tool for Amber Alerts. I have no problem with them. Name not shown in District 7 July 16, 2011, 7:33 PM Billboards in general are a distraction and they are very ugly. Nobody needs to read about anything while driving, they need to focus on the safety of themselves and the people they are driving close to. '"""b Advertising is an ugly and unnecessary practice which on the whole is a violation of independent thought. Utah county billboards touted the joys of sedation while going through oral surgery, so unnecessary! All billboards should be banned, unlikely yes but it sounds wonderful. Name not shown in District 2 July 14, 2011, 9:15 AM The ambience of a city is critical.There is so much stuff out there--blaring away, flashing here and there. I think advertizing on Trax is an ugly commercial sight that takes away from Trax as part of our concern for an ecological city. I want to see Trax not a lot of advertiszing.The electronic bill boards, like some other commentator, is just heading us toward Los Vegas light pollution.They are also DANGEROUS BILL BOARDS IN general.Try exiting on 600 South while reading those bill boards. It is very dangerous distraction. How is this different than using your cell phone? Let's be aware that each one of these electronic distractions is taking away from the beauty of our city and our mountains. It is also imposing these bits of info onto people who don't want it. How fair is this? I can decide not to read the paper or some other publication but I am FORCED TO SEE THESE BILLBOARDS, like it or not. In Vermont you see the beauty of our surroundings, never horrible billboards. I'm so tired of seeing the "find my murderer" on 600 South exit. Please, let's make SLC the beautiful place that it is. The only thing worse than these "off-premise advertising in SLC" is the air pollution in the winter. I see Rio Tinto at Red Butte as they buy their way into the hearts and minds of SLC with their pollution sponsoring, just another buy out. Let's not go there! Richard Middleton in District 3 July 1'1, 2011, 9:57 AM I strongly support Ross Chambless' comment about "light trespass". From our house in the Marmalade District the dominant feature of the "nightscape" is the Energy Solutions Arena billboard. AN Public comments as of September 19,2011, 8:59 AM http:/Ammv.peakdemocracy.com/643 Page 11 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City It's over half a mile away, and so obviously it isn't legible or serving any useful purpose as far as advertising to us is concerned. It's several hundred feet below us, so if it were properly directed and screened it would be far less of a nuisance. It would be even better if it were required to be switched off once the event crowds have dispersed. Ross Chambless in District 3 July 10, 2011, 11:14 PM I am glad the City is addressing this issue. I agree with many of the concerns already voiced in this forum, yet I'd like to mention another concern. I began paying attention to billboards several years ago, not because of their advertising, but because of their contribution to chronic light pollution.There is abundant research showing billboards contribute to negative human health effects associated with light pollution, like glare for drivers and cancer. (Various types of cancer are associated with the body's inability to produce melatonin during sleep because of too much light at night) Most billboards in Salt Lake use high-powered lights that shine upward at night, which is a waste of light and energy. Moreover, this "light trespass" can be disruptive - even unhealthy- if the signs are located around neighborhoods and homes where people live and sleep. But, the billboard companies have continually resisted past legislative efforts to simply point their lights downward instead of upward.And they argue their signs don't contribute that much to the problem, even though it's glaringly obvious (pun intended). There are rather mixed views about electronic billboards and light pollution. But some believe with appropriate illumination levels, they're a better alternative to the older, sky-beam light wasters. For health and safety reasons alone, I think there should be fewer billboards located near residential areas. Perhaps the sign companies could consolidate their advertising and impacts into fewer electronic signs, to be located in commercially-zoned areas? I think the companies should be encouraged or required to convert the light fixtures of older billboards, or convert to illumination- appropriate electronic signs, located somewhere where they don't cause a distraction or create blight. Name not shown in District 4 July 10, 2011, 10:18 PM I was just driving through Las Vegas last week. I've seen the future. Electronic billboards everywhere. I want to cry. Can you imagine how beautiful our city would be without billboards? It'll never happen as long as politicians accept campaign contributions from outdoor companies. Next time you see a politician on a billboard, chances are better than good that at least part of the cost was donated by the outdoor company.They donate space, offer substantial discounts and contribute heavily to the campaigns of those who support them. Nothing illegal about that (although maybe it should be).The result is ugly. Literally. Others have mentioned Vermont.The same is true in Hawaii. No billboards. Just beautiful vistas. Public comments as of Sep'embor 19,2011,8:59 AM hllp:/Awwv.peandemocracy.conV643 Page 12 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City We have a beautiful city, but sometimes it's hard to see because billboards get in the way. Until our elected officials quit taking bribes from outdoor advertising firms (...or as they like to call them, "campaign contributions"), we'll be stuck with billboards. Oh how I hope there are some courageous officials who will prove me wrong. I'd leave my name, but my employer advertises on billboards. I'm afraid I'm as cowardly as our elected officials are. Name not shown in District 3 July 10, 2011, 9:47 AM I find large billboards within the city extremely ugly. I vote no large billboards, ESPECIALLY no electronic billboards, which are the ugliest, most intrusive, & dangerously distracting.Transit shelters & bus/train advertising is less intrusive & raises money for us. If it does not promote alcohol or contain sexually suggestive photos, I find it tolerable. Name not shown in District 3 July 8, 2011, 10:34 PM • Billboards should be limited if not eliminated.The height of buildings might be a good start then phasing out over ten years. Electronic signs are not only distracting, energy consuming, and uncomplimentary to our environment.They Suck. Anosk John Brodie in District 6 July 8, 2011, 2:29 PM We have a beautiful city. I think bill boards of all types pollute our roadways and neighborhoods. Sheldon Smith outside Salt Lake City July 8, 2011, 1:08 PM It would be very refeshing to see no more billboards (electronic or otherwise) along our roadways. They are an eyesore to our skyline.Take a trip to Vermont and see how nice it CAN look. Laurie Mecham in District 1 July 8, 2011, 12:08 PM Upon moving back to Salt Lake after a five year absence, I was appalled at the presence of electronic billboards. I cannot imagine any justification for putting illuminated, animated, visual distractions on roadways. Billboards in general are distracting to drivers and clutter the view. Electronic billboards are many times worse. I would be proud to live in a city that bans billboards altogether. Chad Mullins outside Salt Lake City July 7, 2011, 10:39 PM We live in a beautiful city situated in a fabulous natural environment. Billboards are a terrible intrusion and unwarranted invasion of the public realm of vistas. One only needs to visit communities with much stricter regulation of signage to see what an astounding difference it makes. A community free of obtrusive signage should be a public right. Bryan Young in District 5 July 7, 2011, 3:31 PM I find these advertisements to be complete eyesores. I appreciate that businesses need to advertise, but these are just ugly scars on our landscape. There are thousands of other ways to market your Public comments as of September 19,2011, 8:59 All http:/IwAv.peakdemocracy.cond643 Page 13 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City business that don't require the unnatractive and distracting billboards that turn our city into a cheap place with no character. I find the electronic billboards would probably be easier to swallow if they were dimmed significantly and changed less. I appreciate their helpfulness in Amber Alerts, but I really don't think we need any facing east/west coming into the city. North/South along I-15 is slightly less offensive. The billboard I have the largest problem with is the one on 1300 S. and 300 E. I live right near that and for all intents and purposes, it's a vacant, untended lot. I wish there was something in the code that would allow us to bulldoze it. And, in my dreams, we could replace it with a neighborhood pub. Overall, I think billboards detract from the character of the city. As far as advertisements on transit shelters, if that's the only way we can pay for them, then I suppose I can stomach it, but I think less exposure to advertising is better for the community as a whole. Name not shown in District 4 July 7, 2011, 2:39 PM Transit shelter advertising is an appropriate place, as are the sides (not windows) of trains and buses. Electronic billboards should be allowed on a very limited basis in commercial areas only, and only as a replacement sign. And I agree that they are a serious distraction to drivers and should not be allowed near freeways or major roads. On a long term basis, the city should factor into their budget monies for the eventual elimination of outdoor signs (not business signs) based on a fair and equitable amount. Perhaps some of the money could be obtained from organizations that already participate in acquiring property (e.g., Nature Conservancy, Utah Open Lands, etc.) . . . not buying open space but certainly contributing to the overall ascetics of the city. Daniel Lower in District 1 July 7, 2011, 12:51 PM For the electronic billboards, they do serve a purpose - one of them can handle many advertisers, which would limit the number of billboards as a result (if handled properly). However, they are distracting while driving, your eyes move to them as they change. However, in a controlled area (sports arenas and stadiums) they are very effective. Maybe allow them on sidewalks, in smaller form, and advertise to the walking masses instead of the driving ones. For transit advertising, it's fine - I've seen quite a few of these as I take the trains. The shelters are fine. Advertising on the train itself should be limited, though -the porous material goes across windows and causes those with motion sickness to have issues with seeing the outside. If a billboard has worn down and is dillapidated, there should be provision for removal as a nuisance. Not sure how this would be handled, but I've seen a lot of dead ones that are no longer in use, but they still stand. Public comments as of Sep'ember 19,2011, 8:59 AM http:liverewpeakdemocracy.com/643 Page 14 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City I feel that billboards in general are eyesores. The electronic billboards are very distracting to me when I'm driving. I agree with minimizing billboards for aesthetics. Esther Stokes in District 7 July 7, 2011, 5:23 AM I'm opposed to electronic billboards, they are distracting to me, and I imagine others while driving. Ever been to Vermont, with no billboards, at all? It's nice. On a whole I'm opposed to more billboards. Transit shelters maybe an ok place for advertising. Name not shown outside Salt Lake City July 6, 2011, 10:44 PM Bus stop signage ok if in good taste and it directly offsets cost of bus fares, no revenue or proceeds to UTA's John English or it's board Change law to preclude hostile advertising in sight of competitors. Must be ethical and in good taste. Remove unsightly, non standard billboards, specific zoning, change the1993 law to meet current standards. More modern and less obtrusive billboardss and signage (sim to Park City and St George) amok ! Not a fan of electronic billboards." To bright, distracts drivers, and I don't think they are very green. Please share energy details and Life cycle cost details. Please provide details as to energy efficiency, are they more or less green or energy efficient? No mobile advertising trucks either, unless under human power, ie rickshaw pedal bikes. Thanks for opportunity for input Terry Marasco in District 3 July 6, 2011, 9:17 PM Think of billboards the way national parks think of view sheds.The aesthetics of the parks is no different than our communities, in fact I believe more importantly for our neighborhoods. Keep in mind companies want eyeballs and are least concerned about aesthetics.The executive who requests a billboard in a si neighborhood may live in Chicago. Now transit shelters are reasonable places for billboards, but neighborhoods with 30 foot signs are out of the question. Furthermore cities strapped for$$ should not go near depreciated aesthetics for money. Richard Kanner in District 7 July 6, 2011, 9:11 PM Electronic billboards, although a valuable tool for business, has the downside of being very distracting Public comments as of September 19,2011,8:59 AM http.i/wwweakdemocracy.corn/643 Page 15 of 16 Billboards, Electronic Billboards and Transit Station Advertising There are presently three separate'petitions regarding the regulation of off-premise advertising in Salt Lake City. What do you think? All Participants around Salt Lake City while driving. The constant change of ads keeps the driver's eyes on the billboard rather than the • road.I do not know if this issue has ever been studied in a scientific fashion, but it should be. Before allowing these potential distractions to driving the city should look for previously performed studies. If none exist then seed money should be provided for a study to determine how safe or hazardous they may be. Lets be sure they do not compromise safety before we allow them to proliferate. • • Public comments as of September 19,2011, 6:59 AM hltp://v,ww.pealdemocracy.com/643 Page 16 of 16 PLANNING COMMISSION STAFF REPORT Off-premise advertising Petitions: 400-06-51 , PLNPCM2010-00032 mnnm�, PLNPCM2010-00717 ,m�.:- a i' Zoning Text Amendment % z T Citywide Planning and Zoning Division February 23, 2011 Department of Community and Economic Development Applicant: Mayor Ralph Becker Request Staff: There are three separate petitions regarding the regulation of off-premise Doug Dansie,535-6182 advertisingin Salt Lake City. Doug.Dansie slcgov.com n Tax ID: Petition 400-06-51: Zoning Text Amendment,Transit Shelter Advertising - Citywide A request for a zoning text amendment to address advertising on Bus Shelters. Current Zone: The text amendment would affect all zoning districts. Citywide Master Plan Designation: PLNPCM2010-00032: Zoning Text Amendment,Billboards-A request by NA Salt Lake City Mayor Becker for a zoning text amendment to address outdoor billboards. The proposed amendment would update current regulations for Council District: outdoor billboards to make them consistent with State law.The text amendment Citywide would affect all zoning districts. Community Council: Citywide PLNPCM2010-00717: Zoning Text Amendment,Electronic Billboards -A Lot Size: request by Salt Lake City Mayor Becker for a zoning text amendment to Citywide address electronic billboards. Currently,the City Zoning Ordinance does not Current Use: address electronic billboards.The text amendment would affect all zoning NA districts. Applicable Land Use Regulations: Staff Recommendation 21A•50.050:Standards for general amendments Based on the findings listed in the staff report, it is the Planning Staff's opinion 21A.46.160;Billboards that overall the proposal generally meets the applicable standards and therefore, Notification(hearing) recommends the Planning Commission forward a positive recommendation to a Notice:Janualy 22, the City Council to approve the requested zoning text amendments associated Feb 12,2011 with petitions PLNPCM2010-00032 and PLNPCM2010-00717 as outlined in Web: January 22, Feb 11,2011 the summary and not take action on petition 400-06-51 and hold it for further review. Attachments: A. Department Comments B. Proposed ordinance C. Map of affected geography Petitions:400-06-51,PLNPCM2010-00032,PLNPCM2010-00717 Published Date: Febniatyl8,2011 1 Background The current billboard ordinance was adopted in 1993. It was based upon the premise of capping the overall number of billboards and allowing the remaining billboards to move to more acceptable locations away from residential and historical areas. Since then, State legislation has changed allowing billboard companies to relocate billboards to non-residential zoning districts adjacent to existing billboard locations. In many cases, billboard companies have purchased the land or easement on sites to insure the permanence of their board, therefore eliminating the incentive for movement. The industry has also expressed a desire to maintain its present coverage; therefore the billboard bank contained in the original ordinance has been rendered mute. The industry is now considering converting many billboards to billboards with electronic faces, which have a differing set of impacts(such as changing images)and effectively increase the non-conformity of many billboards. The current ordinance is silent regarding electronic billboards: Meaning there is no prohibition or rules regarding conversion. • Project Description There are three separate petitions,all involving off-premise advertising. Off-premise advertising differs from on-premise advertising in that on-premise is generally necessary for an individual business to exist or survive, Off—premise advertising generally promotes activity not associated with the location of the sign, therefore the ,,mlN nexus between the business and the sign is not as critical. Court cases have generally allowed local communities to regulate off-premise advertising more stringently than on-premise advertising. The Supreme Court has ruled that billboards may be banned as long as other forms of advertising exist in the community. The petitions and issues are as follows: Petition 400-06-51: Zoning Text Amendment,Transit Shelter Advertising -A request for a zoning text amendment to address advertising on Bus Shelters. Request: The present ordinance has banned bus bench advertising and most other advertising in the public right-of-way since the 1970's. This proposal is to allow limited advertising on bus shelters or other public furniture (as is done in numerous suburban communities)to allow advertising to pay for those public amenities. Issues: O Off-premise signage in the public right-of-way, including bus benches, was prohibited in the 1970's. © Previous use of signage in the right-of-way resulted in complaints of clutter. A Previous signage in the right-of-way resulted in complaints of businesses putting signage directly in front of competitors, etc. o Salt Lake City has liberalized some signage regulations since the 1970's: Specifically banners and A- frame directional signs © UTA(and Lamar Advertising) approached the City regarding the potential for advertising to pay for • transit shelters. O Using advertising to pay for other potential public furniture and services has also been considered (restrooms, bike rental, etc.) Petitions:400-06-51,PLNPCM2010-00032,PLNPCM2010-00717 Published Date: FebruaryIS,2011 2 PLNPCM2010-00032: Zoning Text Amendment,Billboards-A request by Salt Lake City Mayor Becker for a zoning text amendment to address outdoor billboards. The proposed amendment would Update current regulations for outdoor billboards to make them consistent with State law. Request: The existing law regarding billboards was adopted in 1993. State law has changed considerably since that time leaving portions of current City law to be inneffective. The purpose of this petition is to update City law to be consistent with State law and to simplify City processes. Issues: e The current ordinance was adopted in 1993 and was intended to be a cap and reduce program, allowing billboards to relocate to more appropriate locations while prohibiting an increase in the overall number of billboards in the City and allowing for a decrease. e A billboard bank was set up to accommodate movement and to prioritize areas of acceptable relocation. a State law has changed considerably since 1993. e State law allows billboards to move to any non-residential property within a variable distance from the original Ideation for multiple reasons, if the City does not allow the movement;the City is obligated to purchase the billboard. The City may negotiate alternative locations with the Billboard company. ® State law requires the purchase of a billboard to include damages to the"package". Billboards are often sold in groups to one advertiser;that group constitutes a package. • Changes in State law have left the SLC billboard bank largely irrelevant. o Many billboards in the City were erected before there were any sign regulations and they remain in areas where they have long been non-conforming. o Billboards are amortized for tax value and pay taxes on 8% of their original value after 19 years. © By State law, billboards are the only non-conforming use that cannot be removed through the use of amortization. © There are numerous scenarios in Salt Lake City where the presence of a billboard suppresses the redevelopment potential 'of the underlying land, as well as examples of redevelopment with billboards. PLNPCM2010-00717: Zoning Text Amendment,Electronic Billboards -A request by Salt Lake City Mayor Becker for a zoning text amendment to address electronic billboards. Currently,the City Zoning Ordinance does not address electronic billboards. Request: The petition is to update existing City law to reflect industry changes and to define and regulate the conversion of existing billboards to an electronic format. Issues: o The current ordinance is silent regarding electronic billboards. o Six electronic billboards exist in Salt Lake City. Three are under dispute. o Numerous electronic on-premise signs exist. O State law allows electronic billboards but does not require local government to allow the conversion of old billboards to an electronic format. o Electronic billboards are the emerging format for billboards. o Electronic billboards require a greater investment and offer an increased Potential revenue source for the owner;therefore their removal costs are also higher. • Petitions:400-06-51,PLNPCh42010-00032,PLNPC1\42010-00717 Published Dale: Febniary18,2011 3 Atrat Comments Public Comments o An Open House introducing these petitions and potential regulations was held on November 18, 2010. o There was an initial briefing with the Planning Commission at the December 9,2010 meeting. o The Business Advisory Board was briefed on January 5,2011. o Several Planning Commissioners met with YESCO representatives on January 5, 2011 to discuss technical aspects of electronic billboards. o The Planning Commission received a briefing and held a work session on January 12,• 2011 and set up a subcommittee to review the proposals. o The Planning Commission held an"issues only"hearing on January 26,2011. City Department Comments Department comments are attached. There were generally no significant issues raised. Project Review A Planning Commission subcommittee met with industry members on January 31, and February 7, 2011, The subcommittee discussion included the following issues: — 0 Comparison of Salt Lake City's ordinance with Salt Lake County • O Relocation potential of existing billboards o Geography of existing billboards and potential geography for allowing them O Power requirements and sustainability of electronic billboards O Impacts of electronic billboards vs. impacts of electronic on-premise signs O Lighting,timing and luminance of electronic billboards o Spacing and geographical concerns regarding electronic boards • Master plan policies regarding billboards; including the concept of Gateway streets. O The Administration's opinion on billboards • 40144, Petitions:400-06-51,PLNPCM2010-00032,PLNPCM2010-00717 Published Date: Pebruaryl8,2011 • 4 • Analysis and Findings Options The City presently has a sign ordinance regulating off-premise advertising. Failure to grant zoning changes outlined by Petition 400-06-51 would keep the present prohibition of bus bench advertising. Failure to grant zoning changes suggested by petition PLNPCM2010-00032 would result in a situation where State law would still supersede City ordinance and allow movement into areas currently prohibited by City ordinance, regardless of the City billboard banking process. Failure to grant zoning changes requested by petition PLNPCM2010- 00717 would allow conversion of static billboards to electronic billboards by not providing any prohibition against their conversion or providing any standards to do so. Findings A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the city council and is not controlled by any one standard.However, In making its decision concerning a proposed text amendment,the city council should consider the following factors: A. 1. Whether a proposed text amendment is consistent with the purposes,goals,objectives, and policies of the city as stated through its various adopted planning documents; Analysis: The Urban Design Element calls for the prohibition of billboards on gateway streets, The North Temple Master Plan calls for the prohibition of billboards on North Temple. The Downtown Master Plan and Downtown Rising Plan(not formally adopted by Salt Lake City)call for prohibiting billboards on entry streets to downtown and cleaning up their general appearance. The proposed amendment outlines general areas where billboards are allowed and defines gateway streets where they are not allowed. The billboard ordinance is not the only ordinance affecting gateway streets. Other sections of City code require landscaping on street frontages, including freeways,full architecture on all sides of the building and regulation of on-premise signage. Sexually oriented businesses are also prohibited on gateway streets. Finding: The proposed zoning text amendments are supported by general policy of the City 2. Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance; Analysis: The proposed zoning amendments bring the City ordinance into conformity with State law while still allowing for local flexibility in relocation and discouraging new impacts; such as the lighting emanating from electronic billboards in residential areas. State law allows for billboards to move in the immediate vicinity of their existing location or as negotiated with the City. The proposed City ordinance would also allow the City to move billboards to Manufacturing and General Commercial areas of the City, away from existing residential and gateway areas. The proposed geography for relocation opens up much of the industrial area on the west side of 1-215. Finding: The proposed zoning text amendments are designed to be consistent with City master plan goals while also remaining consistent with State law. • Petitions:400-06-51,PLNPCM2010-00032,PLNPCM2010-00717 Published Date: February 18,2011 5 3. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and Analysis: The current and newly proposed ordinance encourages the relocation of billboards onto locations outside of historical preservation overlay districts. The new ordinance would allow billboards within the approach area of the Airport(Airport Influence Overlay),but billboards would be no more impactful than allowable buildings or on-premise signs in that overlay district. One of the provisions of the proposed ordinance is to limit height of new billboards to the same height of on-premise signage. There is a provision to subject billboard lighting in Airport Influence Overlay Zones to Airport lighting restrictions. The ordinance has little or no effect on other overlay districts(transitional, groundwater, etc.). Finding: The proposed zoning map amendment is consistent with overlay districts. 4.The extent to which a proposed text amendment implements best current,professional practices of urban planning and design. Analysis: Changes in State law over the last fifteen years, along with the industry practice of acquiring permanent easement for billboards and the adoption of taxing billboards as personal property as tax policy, has created a situation where non-conforming billboards,which generate little tax revenue, are suppressing development that is in conformity with master plan policies and which also generates housing, employment and tax revenue. Billboard laws vary from State to State and City to City. Five states outlaw the construction of new billboards,conversely some cities, such as New York have used •m, off-premise signage to create lively and bright sections of their community(Times Square). The regulation of off-premise advertising can play an important role in defining the character of a city. For example: Las Vegas,a desert resort, allows for numerous electronic billboards to create a bright and lively atmosphere. Conversely Palm Springs, also a desert resort,prohibits billboards in the City to create more formal resort feel. The proposed ordinance is part of an overall effort to accentuate Salt Lake City's physical environment by protecting views of the mountains and the eliminating unnecessary visual clutter. The proposed ordinance codifies a Salt Lake City policy closer to that of Palm Springs. Locations that ban electronic billboards(as reported by USA Today) include; Hawaii, San Francisco, Montana, Denver, Gilbert AZ,Pima County AZ,Amarillo TX,Ft. Worth,Dallas, Galveston, Houston, Austin, St Petersburg FL,Knoxville TN, Durham NC,Vermont, and Maine. Other cities in Utah that prohibit the construction of new billboards include Provo, Kaysville,Lehi and Park City, as well as newly incorporated cities such as Holladay and Cottonwood Heights. Finding: The proposed zoning text amendment is supported by general policy of increasing housing employment and tax revenue by discouraging the suppression of development on lots occupied by billboards. The proposed ordinance codifies a desire to eliminate visual clutter and to accentuate the physical characteristic of Salt Lake City's physical setting. Petitions:400-06-51,PLNPCM2010-00032,PLNPCM2010-00717 Published Date: Februaryl8,2011 " — 6 Summary Staff is recommending the postponement of a decision regarding Petition 400-06-51,transit shelter advertising, in order to allow further analysis of the issues. Staff is recommending that the Planning Commission forward a positive recommendation to the City Council regarding the adoption of an ordinance that codifies petitions PLNPCM2010-00032 and PLNPCM2010-00717 and accomplishes the following: Eliminates the billboard bank: O State Law allows billboards to move within the general vicinity of their existing sites and billboard companies often own the land or easements on many of the sites that are conflicting with neighborhoods. O Billboard companies have expressed an interest in maintaining existing distribution throughout the City (which means maintaining them east of I-215 where all residential areas are located), O Therefore the premise of encouraging the movement of billboards out of neighborhoods into manufacturing area has been undermined and the Billboard Bank is no longer effective for its original intended purpose of moving billboards out of residential areas into less conflicting areas of the City. The three year banking period has been eliminated o Billboards will be expected to be relocated to a new area when they are removed from an old area, with no time lapse, otherwise they are deemed removed. Still allows for relocation. O The ordinance allows for relocation to Manufacturing and select General Commercial zoning districts (but not on gateways streets or within 600 feet of residential zoning) for those instances where billboards may wish to move. o The proposed ordinance actually increases the geography of where billboards may move by opening the entire west side Manufacturing areas (west of I-215)to billboard relocation (excluding gateway streets). Adds several new gateway streets: O 5600 West,7200 West and the proposed Mountain View Corridor freeway were added as gateways because the general area was opened for billboards. Billboards have not been allowed on these streets in the past. They are now classified as Gateway Streets because the new ordinance would allow billboards in adjacent Manufacturing zoning districts. O The 900 South off-ramp was added for clarification(I-15 is already a gateway) Eliminates special gateways: O Special Gateways previously allowed for limited billboard movement on several select streets. O Policy changes, such as prohibiting billboards as part of the North Temple Plan, have altered the concept of special gateways. Defines electronic billboards; O The ordinance includes a definition and detailed requirements for electronic billboards in the event that existing boards are relocated or new ones are authorized for external reasons. • Petitions:400-06-51,PLNPCM2010-00032,PLNPCM2010-00717 Published Date: FebniarylS,2011 7 Prohibits electronic billboards: © The proposed ordinance prohibits the construction of new electronic billboards(the City presently has 6 electronic billboards—three of which are in dispute) Options for the Planning Commission to consider: • Recommending adoption of the ordinance with a statement to the City Council that the Planning Commission will continue with further review of the issue. Recommend expanding or reducing the zoning districts where billboards are allowed to move. Recommend that billboards be allowed to convert to electronic billboards in those zoning districts where billboards are allowed to relocate. Recommend that static billboards may be converted to electronic billboards with the removal of equal or greater square footage of the static billboard being converted(or provide cash in lieu of removal in the event that there are no static billboards available for removal). Auk • • +=kw Petitions:400-06-51,PLNPCM2010-00032,PLNPCM2010-00717 Published Date: Februsryl8,2011 8 Public Utilities Justin Stoker We have no comment on the proposed text amendments. Justin D. Stoker, PE, LEED°AP, CFM Building review Larry Butcher Engineering Randy Drummond Doug,after reviewing the proposed text amendments listed above,we find no concerns with the proposed amendments. Randy • Transportation Barry Walsh . The division of transportation review comments are as follows: • The text addresses transportation safety issues with references to sec 21A.46.060 sign prohibited - "E"portable (locations) "G"Unsafe,hazardous. & "H" confuse traffic. and does not change compliance with remaining section of 21A.46 with primary attention to sec 21A.46.070 "D"Traffic hazards,which are reviewed on a case by case basis. Sincerely, • Barry Walsh Proposed Ordinance Proposal which eliminates billboard bank, eliminates Special Gateway Streets and modifies Gateway Streets, establishes lighting policies, expands the relocation area for billboards to all Manufacturing zones, defines electronic billboards and prohibits electronic billboards. 21A.46.160: BILLBOARDS: A.Purpose Statement:This chapter is intended to limit the maximum number of billboards in Salt Lake City to no greater than the current number.This chapter further provides reasonable processes and methods for the replacement or relocation of existing nonconforming billboards to areas of the city where they will have less negative impact on the goals and policies of the city which promote the enhancement of the city's gateways,views,vistas and related urban design elements of the city's master plans. B.Definitions: ''"o' BILLBOARD:A freestanding ground sign located on industrial,commercial or residential property if the sign is designed or intended to direct attention to a business,product or service that is not sold,offered or existing on the property where the sign is located. BILLBOARD BANK:An accounting system established by the city to keep track of the number-arid-square-feetage of noneonforrMing-billhoards-removed-pzrrsuant-to this chapter BILLBOARD CREDIT:An entry into a billboard owner's billboard bank-account-that shows-the^ mber and c e footage of demelished+ienconfor+ming-bNibear-€l& BILLBOARD OWNER:The owner of a billboard in Salt Lake City. DWELL TIME The len th of time that ela ses between text ima es or ra hiss on (Formatted:Font:Not Bold an electronic sign., Formatted:Indent:First line: 0" Formatted:Font:Bold EXISTING BILLBOARD:A billboard which was constructed,maintained and in use or for which a permit for construction was issued as of July 13,1993. AIR*,. ELECTRONIC BILLBOARD:Any off-premise sign,video display,projected image,or similar device with text,images,or graphics generated by solid state electronic components. Electronic signs include,but are not limited to,signs that use light emitting diodes(LED),plasma displays,fiber optics,or other technology that results in bright,high-resolution text,images,and graphics. FOOT CANDLE:the English unit of measurement for luminance,which is equal to (Formatted:Indent:First Ilnn: 0" one lumen,incident upon an area of one square foot. GATEWAY:The following streets or highways within Salt Lake City: 1. Interstate 80; (Formatted:Indent:Left: 0.83" 2. Interstate 215; 3. Interstate 15; 4.4000 West; 5.5600 West; 6.2100 South Street/Parleys Way from Interstate 15 to 4-300-€ast;Foothill Boulevard 7.The 2100 South Expressway from 1-15 west to the city limit; 8. Foothill Drive/500 South from Guardcman Wayl 000 East to Interstate 80; 9.400 South from Interstate-45Redwood Road to 880 East;1000 East 10.500 South from Interstate 15 to 700 East; 11.600 South from Interstate 15 to 700 East; 12.300 West from 900 North to 900 South; 13.North Temple from Main Street to Interstate 80; 14.Main Street from North Temple to 2100 South Street; 15.State Street from South Temple to 2100 South;and 16.600 North from 800 West to 300 West. 17.7200 West 18. Mountain View/5600 West Highway corridor(as identified and to be constructed according to UDOT plans) 19.900 South 1-15 off-ramp to West Temple NEW BILLBOARD:A billboard for which a permit to construct is issued after • December 31,1993. NONCONFORMING BILLBOARD:An existing billboard which is located in a zoning district or otherwise situated in a way which would not be permitted by the provisions of this chapter. SPECIAL GATEWAY:The following streets or highways within Salt Lake City: 1. North Temple-between 600 West and 2200 West; (Formatted:Indent:Left: 0.96' 2-400--South-between 200 East and-800 East; 3-State—Street-between-600-South-and-21-00 South and it.Main Street-between 600 South-and 2100 South: LUMINENCE:The intensity of light falling on a subsurface at a defined distance from "" the source. MOTION: The depiction of movement or change of position of text,images,or — (Formatted:Tab stops: 0.25",List tab graphics. Motion shall include,but not be limited to,visual effects such as dissolving Formatted:Font:Not Bold and fading text and images, running sequential text, graphic bursts,lighting that resembles zooming,twinkling,or sparkling,changes in light or color,transitory bursts of light intensity, moving patterns or bands of light,expanding or contracting sha es and similar actions Formatted:Font:Bold TEMPORARY EMBELLISHMENT:An extension of the billboard resulting in Formatted:Normal,Indent:Left: 0.25", increased square footage as part of an artistic design to convey a specific message Space Before: Auto,After: Auto,Tab stops: 0.25",List tab or advertisement. TWIRL TIME The time it takes for static text,images,and gra hics on an electronic Formatted:Font:Helvetica,12 pt sign to change to a different text, images,or graphics on a subsequent sign face. Formatted:Tab stops: 0.25°,List tab C.Limit On Tho Total Number Of Billboards: No greater number-of-billboards--shall-be allowed-in-Salt Lake City than-the-n-umberof existing billboards.Billboards Prohibited: New Billboards are prohibited in Salt Lake City. • D.Relocation of Billboards: Existing billboards may be relocated as required and (Formatted:Indent:Left: 0 Hanging: 0.25" authorized by the requirements of Utah state law. Relocation shall follow the general priority outlined in subsection,21A.46.160.F and only be allowed in areas (Formatted:Font:Not Bold outlined in subsection 21A.46.160.1 of this ordinance, unless otherwise negotiated with the Mayor or designee. sE.Permit Required For Removal Of Nonconforming Billboards: 1.Permit:Nonconforming billboards may be removed by the billboard owner + (Formatted:Indent:Left: 0.71" only after obtaining a permit for the demolition of the nonconforming billboard. 2.Application:Application for demolition shall be on a form provided by the zoning administrator. 3.Fee:The fee for demolishing a nonconforming billboard shall be one hundred eleven dollars($111.00). edits er-Nensenferming--Bil►board-Remova ter a nonconforming billboard-is demolished pursuant o a permit issued under subsection D1 of this section,or its seccesso;-t e^,matt-ereate a billboard-bank-accounnt or the billboard owner—The account-shall show-the-date of-the removal and the zoning district of the demolished nonconferming-billboard.The account shall rcfleet-billboard credits for the billboard and its square-footage.Demolition of a conforming billboard shall not result in any billboard credit: • F.Priority For Removal Of Nonconforming Billboards:Nonconforming billboards shall be removed subject to the following priority schedule: 1.Billboards in districts zoned residential,historic,residential R-MU or [Formatted:Indent:Left: 0.71 Tab stops: downtown D-1,D-3 and D-4 shall be removed first; 0.80',Left 2.Billboards in districts zoned commercial CN or CB,or any gateway zoning district O-M-U-,GGC or-OH-or on gateway streets shall be removed second; 3.Billboards which are nonconforming for any other reason shall be removed last;and 4-A-billboard owner-may-demollsl-nonconforming billboards of a-leaver-priot4ty before-removing-billboards-inl-a-higher-priority however-the-billboard credits for-removing-the-lower prier-ity billboard--shall-not become-effe+Live er-use-in constcting-a-noN billboard until-two-(2)-billboardspeei11ed-in-subsection Fl of this section,or its successor,with a total square footage equal to or greater than the to , billboard bank account.If a billboard-owner-has-no-subsection Fl of this section,or its successor,nonconforming billboards,two(2)subsection F2 of this section,or its successor;-priority billboards may be credited in the billboard-owner1s-billboard-bank account to effectuate the billboard credits of a subsection F3 of this section,or its successor,billboard to allow tho him aei--account can--be used only-ence-to-effectuate the billboard credits-for a lower-prlority-billboard. G. Life Of Billboard Credits: a ny billboard credits not used within thirty six(36)-months of their creation shall expire and be of no further value or use-except that lower psi n Fl of this section;-er its successor; shall-expire and-be of no further value-or use-within-sixty(60)-months of their initial creation. H. Billboard-Credits Transferable:A billboard owner may sell or otherwise transfer a • billboard and/or-billboard credits.Transferred billboard-credits-which arc no}}effective -because of the priority provisions of subsection-F-of-this section,or its successor; .' y challahet-become effective for their new-owner until they-would have become effective for the-original owner.The transfer of any billboard-credits do not-extend thei ix-(06)month-life-provided in subsection G of this section,oF-its successor, hG Double Faced Billboards:Demolition-Relocation of a nonconforming billboard that has two(2)advertising faces shall receive billboard credits for the square footage on each face,but only as one-billboardbe allowed to relocate as a two faced billboard or combined as a single face billboard,provided that the relocated advertising square footage is no greater than the square footage of the original billboard and does not exceed the size requirements outlined in 21A.46.160.L. JH. New Billboard Construction: It is unlawful to construct a new billboard other than pursuant to the terms of this chapter.In the event of a conflict between this chapter and any other provision in this code,the provisions of this chapter shall prevail. t41.Permitted Zoning Districts:New-Relocated billboards may be constructed only in the a icial billboard map,Manufacturing and CG General Commercial zoning districts with the restriction that they are not oriented towards,or located within 600 feet of a gateway street or residential zoning district.Billboards are not to be relocated to the CG General Commercial zoning district that is mapped and located between Interstate-15,300 West,200 South and the 900 South 1-15 off- ramp. U.Now Billboard relocation or remodeling Permits: 1.Application:Anyone desiring to construct a new billboard shall file an + (Formatted:Indent:Left: 0.71" application on a form provided by the zoning administrator. 2. Fees:The fees for a new billboard construction permit shall be: a.Building permit and plan review fees required by the uniform building + Formatted:Indent:Left: 0.96",Tab stops: code as adopted by the city;and 1,13 Left b.Inspection tag fees according to the fee schedule or its successor. M--tJee Of Billboard Credits: • 1.A new-billboard permit shall only be issued if the-applicant has-billboard + (Formatted:Indent:Left: 0.71" or-edits-of a sufficient number of square feet and-billboards to allow construction of the new billboard. 2.When the pormit for the construction of-a-new-billboo 's issued,tbe-zenRng administrator shall deduct from-the billboard owner's billboard bank-account: a The-square footage of the new biltbeard-and Formatted:Indent:Left: 1.08",Tab stops: 1,25",Left in-The numbef-of-billboards whose-square footage-was used to-allow-the new-billboard construetion- 3. If the-new-billboard uses less than-the entire available billboard-credits + (Formatted:Indent:Left: 0.71" considering both-the-bu "er of billboards and-square footage,any remaining square footage-shall-remain in the billboard-banlc (Formatted:Indent:First line: 0,25" • NK.New-Billboards Prohibited On Gateways:Except as provided in subsection Q-D of this section,or its successor,no new billboard may be constructed or relocated within six hundred feet(600')of the right of way of any gateway street. • Q. ens: billboard is demolished-within-a-special gateway,the billboard (Formatted:Indent:Left: 0 Hanging: 0.25' j ct a new billboard along the same special gateway in a zoning district equal to or-loos restrictive than-that-from which the nonconforming-billboard was-removed-and-subjes ion,provided-that the size of the ne "llboar'Fees not exceed the amount of billb 2.The demolition of a nonconforming-billboard pursuant to this section shall " {Formatted:Indent:Left: 0.71",Tab stops: not-accrue billboard credits-within the general billboard bank.Credits for a ll 0.88",Left J billboard-demeished-er constructed-within a special gateway shall be tracked within a rate bank^ co ant for each ial gateway.A permit for the construction-of-a-new billboard pursuant to this section must be taken out 6)months of the-demolition of the nonconforming 411114, billboard PL.Maximum Size:The maximum size of the advertising area of any new-billboard shall not exceed fifteen feet(15')in height and fifty feet(50')in width. QM.Temporary Embellishments: 1.Temporary embellishments-shall not exceed-ten-percent(10%)of the {Formatted;Indent:Left: 0.71",Tab stops: advertising face of-any-billboard;-and shall-not-exceed-five-feet(5')in height 0.88 Left above the billboard"structure, • 2. No temporary-embellishment shall be maintained-en-a-billboard more-than twelve-(-12)-months, Temporary Embellishments are prohibited • (Formatted:Indent:First line: 0.25" l N. Height:The highest point of any new billboard,billboard excluding-temperary embellishments-shall not be more than: 1-Forty five feet(45')above the existing grade;or the maximum height for a ' Formatted:Indent;Left: 0,63",Hanging: pole sign in the applicable zoning district,whichever is less,unless 0.25" otherwise authorized by State law. 2. If a street within one-hundred feet(1001)-ot te-billboard,m acured from-the- (Formatted:Indent:Left: 0,71' street at the point at which the billboard is perpendicular to the street,is on a-different-grade-than the-new billbea,d1- en".��y;Tive-fact(25')above-the pavement-elevation-of-the street. 3-1f-the-previsions-of-sobseotion R2 of this scotiorror its successor sabseotion,apply to mere than-ene--street;the-new-billboard-may-be-tie higher of the two(2)heights. -SO.Minimum Setback Requirements:All freestanding billboards shall be subject to pole sign setback requirements listed for the district in which the billboard is located.In the absence of setback standards for a particular district,freestanding billboards shall maintain a setback of not less than five feet(5')from the front or corner side lot line.This setback requirement shall be applied to all parts of the billboard,not just the sign support structure. TP.Spacing: 1,Small Signs:Billboards with an advertising face three hundred(300)square. Formatted:Indent:Left: 0.71",Tab stops: feet or less in size shall not be located closer than three hundred(300) 0.88",Left linear feet from any other small billboard or eight hundred feet(800')from a large billboard on the same side of the street; 2.Large Signs:Billboards with an advertising face greater than three hundred (300)square feet in size shall not be located closer than eight hundred (800)linear feet from any other billboard,small or large,on the same side of the street, 3. Electronic billboards shall not be located closer than sixteen hundred(1600) linear feet from any other electronic billboard on the same or opposite side of the street Q Lighting: Nighttime illumination of billboards may not glare directly onto the roadway or sidewalk or across property lines. Billboards located within Residential,Mixed-Use, CN or CB zoning districts may not be illuminated or lit between the hours of midnight and 6 am.Billboards located in an Airport Influence Overlay Zone are subject to Airport restrictions regarding lighting. • R:Electronic Billboards: 1. New Electronic Billboards are prohibited:Electronic billboards constructed or - Formatted:list Paragraph,Numbered+Level: reconstructed for any reason after the date of adoption of this ordinance are 1+Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.25"+Indent limited to the following: at: 0.5" Formatted:Indent:Left: 0.5", No bullets or a. blotto numbering Any motion of any kind is prohibited on an electronic sign face. Formatted:Font(Default)Helvetica,12 pt Electronic billboards,shall have only static text, images,and graphics. Formatted:Indent:Left: 1",Numbered+ Level:5+Numbering Style:a,b,c,...+Start b. Dwell time at:1+Alignment:Left+Aligned at: 2.25"+ Indent at: 2.5" ,The text,image,or display on an electronic sign may not change mor Formatted:Font:Helvetica,12 pt Not Bold than once every twenty four (24) hours,. Twirl time between subsequent text,images,or display shall not exceed 0.25 seconds. Formatted:Font:(Default)Helvetica,12 pt Formatted:Indent:Left: 1.25' c. Brightness, Formatted:Font:(Default)Helvetica,12 pt 5J The illumination of any Electronic Billboard shall not increase th Formatted:Indent:Left: 1",Numbered+ • ambient lighting level more than 0.3 foot candles when measured by a Level:5+Numbering Style:a,b,c,...+Start at:1+Alignment:Left+Aligned at: 2.25"+ foot candle meter perpendicular to the electronic Billboard face at: Indent at: 2.5" Formatted:Font:Helvetica,12 pt,Not Bold i. 150 feet for an electronic billboard with a surface are of not' Formatted:Font:(Default)Helvetica,12 pt more than 242 square feet Formatted:Indent:Left: 1.25" ask ii. 200 feet for an electronic billboard with a surface area greater Formatted:Font:(Default)Helvetica,12 pt than 242 square feet but not more than 378 square feet Formatted:Indent:Left: 1",Numbered+ -•-""' Level:5+Numbering Style:a,b,c,..,+Start at:1+Alignment:Left+Aligned at: 2.25"+ iii. 250 feet for an electronic billboard with a surface area greater Indent at: 2.5" than 378 square feet but not more than 672 square feet Formatted:Font:Helvetica,12 pt,Not Bold iv. 350 feet for an electronic billboard with a surface area greater Formatted:Indent:Left: 1.25" Formatted:Indent:Hanging: 0.19", than 672 square feet., Numbered+Level:1+Numbering Style:I,II, III,...+Start at:1+Alignment:Right+Aligned d. Dis la erio at: 1.5"+Indent at: 1.75' Electronic billboards ma not be illuminated or lit between the hours of Formatted:Font:Helvetica,12 pt midnight.and 6 a.m if they are located within 600 Feet of a residential Formatted:Indent:Left: 1",Number mixed-use, downtown, Sugar House Business District, gateway, Level:5+Numbering Style:a,b,c,...+Start at:1+Alignment:Left+Aligned at: 2.25"+ Neighborhood Commercial, Community Business, or Community Indent at: 2.5" Shopping Center zoning district, Formatted:Font:Helvetica,12 pt,Not Bold Formatted:Font:(Default)Helvetica,12 pt Formatted:Indent:Left: 1.25" Formatted:Font:(Default)Helvetica,12 pt Formatted:font:(Default)Helvetica,12 pt j Formatted:Font:Helvetica,12 pt e. Controls . Formatted:Indent:Left: 1",Numbered+ Level:5+Numbering Style:a,b,c,...+Start i. All electronic signs shall be equipped with an automatic dimmer at:1+Alignment:Left+Aligned at: 2.25'+ control or other mechanism that automatically controls the sign's Indent at: 2.5',Tab stops: 1.25",Left brightness and display period as provided above. (Formatted:Font:Helvetica,12 pt,Not Bold (Formatted:Font:(Default)Helvetca,12 pt ii. Prior to approval of any permit for to operate an electronic sign, the applicant shall certify that the sign has been tested and complies with the motion,dwell time,brightness,and other requirements herein. iii. The owner and/or operator of an electronic sign shall submit an annual report to the city certifying that the sign complies with the motion,dwell time,brightness,and other requirements herein. (Formatted:List Paragraph US. Landscaping In Residential And Commercial CN And CB Zoning Districts: Properties in any residential zone and commercial CN or CB zones on which a billboard is the only structure shall be landscaped as required by sections 21A.26.020 and 21A.26.030 and chapter 21A.48 of this title,or its successor chapter. No portion of such property shall be hard or gravel surfaced. NTT.Landscaping In Other Zoning Districts:Property in all districts other than as specified in subsection k-S of this section,or its successor subsection,upon which a billboard is the only structure,shall be landscaped from the front of the property to the deepest interior point of the billboard for fifty(50)linear feet along the street frontage distributed,to the maximum extent possible,evenly on each side of the . billboard. WU.Xeriscape Alternative:If all the properties adjacent to and across any street from the property for which billboard landscaping is required pursuant to subsection V of . this section,or its successor subsection,are not developed or,if a water line for irrigation does not exist on the property or in the street right of way adjacent to such property,the zoning administrator may authorize Xeriscaping as an alternative for the required landscaping. XV. Existing Billboard Landscaping:Existing billboards shall comply with the landscaping provisions of this section on or before January 1, 1996. YIN.Compliance With Tree Stewardship Ordinance:Construction,demolition or maintenance of billboards shall comply with the provisions of the Salt Lake City tree stewardship ordinance and the Tree Protection ordinance:, �X.Subdivision Registration:To the extent that the lease or other acquisition of land for the site of a new billboard may be determined to be a subdivision pursuant to state statute no subdivision plat shall be required and the zoning administrator is authorized to approve,make minor subsequent amendments to,and record as necessary,such subdivision. • AA—Special Provisions: . •::'lability:The provisions of this section shall apply to specified--billboards-located: _. • - ' ' e e iltboards-between-4500-North and-1-800-North-adjacent-to-the-west side of Interstate 15;and e c existing billboard on the-east-side-of-Victory Road at approximately 1100 North. --era!Applicability:Except as modified by this section,all other provisions of this chapter sh all apply to-the-five(5)-specified-billboards. A:04k Special Priorrity:The-fli ()-specified-bitlbeardds-sha41-be-cs^s;dered as gateway billboards for the-purposes of the priority provisions of subsection-P-of-this section,or its successor subsection: .-dscaping:The five(5)specified billboardsnt to the provisions of subsection V of this section,or its successor-subsection: BB.State-Mandated Relocation Of Billboards: Except as otherwise auther+sed-herein, existing-billboards may not-be relocated except as mandated-by-the requirements-of Utah state-law:(Ord.72-08§2,2008:Ord.42-08§12,2008:Ord.13-04§§25,26, 27,2004:Ord.25-00§§1-3,2000:Ord.83-98§§12-14, 1998:Ord.88-95§1 (Exh. A), 1995) cc � r z I'a r. 11' IT I ( r- /�) •1( 1e1},I 1 J I e i ,I -� III( � N !_ ( -` 3— 11 ll Jl_I i i- 1.1 q0l •till"- Q If] :(1 (� _ - IQ - I _ _ ...J lii?\1 -)- ri } l ifii I I - re Mil 1 j J -a _ c ,,..fii) L 1�1T1� 1= , ,11 I iiitli 1 . i-i ;___•-C a s : I F. illi 1:1= 1 - U j%' r y ; IVISI ; V I N 1r;_fIL1�ii,I'-- --,;tri, L 'i1 --4. cV 11, r •fz _ _ .a _ - Amok i. I- -I 1L---142-: - ;1 grit . rIF SIZ'I r- ) ; 1 'I. _ , I- 0 I I_ i' P-i,. C - � f 1 1 j -,- .-.1] ---, H 0. i - vs `v - W ,11 ,3 ._�__._;__� 9. Z U - - - ,n, ,•,,i. jijaJl r ••, • ° + Briefing for "irLIM or, ""'" Ak„ Planning Commission rT Planning Division Community&Economic Development Department To: Planning Commission Members From: Doug Dansie, Senior Planner Date: October 21,2011 Re: Electronic Sign/Billboard Ordinance The Salt Lake City Planning Commission continued the following two related billboard petitions at their September 28, 2011 meeting. These petitions will be further considered on the October 26th: PLNPCM2010-00032: Zoning Text Amendment,Billboards-A request by Salt Lake City Mayor Becker for a zoning text amendment to address outdoor billboards.The proposed amendment would update current regulations for outdoor billboards to make them consistent with State law.The text amendment would affect all zoning districts. PLNPCM2010-00717: Zoning Text Amendment,Electronic Billboards-A request by Salt Lake City Mayor Becker for a zoning text amendment to address electronic billboards. Currently,the City Zoning Ordinance does not address electronic billboards. The text amendment would affect all zoning districts. The Planning Commission's discussion primarily focused on the following items: 9. The proposed regulation of dwell time for electronic signs and the different needs for on-and off-premise advertising. The Planning Commission requested a recommendation for a display period for electronic signs in relationship to the size of the sign. 10. The proposed regulation regarding hours of operation for electronic signs. The language considered would require certain electronic signs to be turned-off between 12:00 a.m. and 6:00 a.m. 11. The regulation of the brightness of electronic signs and enforcement issues. The Commission discussed the issue of how to document and monitor the brightness of electronic signs and who should pay the associated cost. The sign industry and some business owners raised concerns about proposed regulation regarding animation or continuous motion however such animation or continuous motion is already prohibited by the existing city ordinance. Staff has not received any direction to change the existing regulation that prohibits animation. Staff recommends not changing the prohibition of animation on electronic signs regulation. The difficulty in regulating signs is there is no inherent right or wrong answer. While traffic safety is a legitimate issue to consider when regulating signs,these regulations generally reflects a community value. Businesses inherently want more attention and the pressure is to make a bigger,brighter,more visible sign than the neighboring .+ ,, business. Some communities have encouraged this natural market pressure to turn signs into a community statement. Others have chosen to level the playing field to insure that all advertisers have equal opportunity but at a lower scale. For example Sandy and South Jordan have opted to discourage pole signs in favor of monument signs in order to maintain a community image, while South Salt Lake and Salt Lake County are generally much more profuse in their signage allowance than other jurisdictions in the valley. Consistency in regulation and ease of enforcement are critical factors. Discussion 1. Dwell time and Size: The Planning Commission requested a differentiation of electronic signs based upon the size of the sign, with the understanding that a large sign can already provide a plethora of information,while a small sign may need to change messages more often to convey information. A review of the existing sign code indicates several ranges of sign size. • Most billboards are 275 square feet or larger(the largest being approximately 675 square feet) • Most zoning districts allow pole or monument signs of 100 square feet or smaller(some residential district are as small as 24 square feet) • Shopping center(combined tenant) signs allowed up to 300 square feet and roof signs downtown can be very large(based upon the linear frontage of the building) A logical break may be at 250 square feet and up for large signs which would include all billboards and larger shopping center signs. Another break between 100 square feet and 250 square feet for medium signs Small signs less than 100 square feet. Recommendation: • All electronic signs larger than 250 square feet and/or located on freeways are limited to the 8 second dwell time standard. • Electronic Signs between 100 and 250 square feet may have a 5 second dwell time. • Electronic Signs smaller than 100 square feet may have a 3 second dwell time. • The twirl time for all electronic signs is limited to a maximum of 0.25 seconds. 2. Display Period: The proposed ordinance would require electronic signs in certain zoning districts to be turned off between midnight and 6 am,unless the business remains open during those hours.This standard is based upon residential impacts.The proposed display period regulation only applies to businesses that are closed between midnight and 6:00 a.m.; if the business is open during this time period,the sign remains lit. The Planning Commission may wish to discuss specific zoning districts in which this standard might be applied based on the potential impact on residential property. For example: signage in residential zoning districts is the most impactful to residential development, signs have less negative impact on mixed-use districts, for example. The Neighborhood Commercial, Community Business, or Community Shopping Center zoning districts were included in the original draft because they are generally mapped in close proximity to residential areas, however the 600 foot proximity requirement may adequately address the issue without specifically listing CN and CB. The Downtown, Sugar House Business District, and Gateway districts, were included in the original draft because of,, their inclusion and encouragement of housing. However, one could also argue that residents in those zoning districts should be aware of the commercial nature of the district. The Planning Commission has options ranging from: • Not requiring specific electronic signs to be turned off at night. • Only requiring certain electronic signs within 600 feet of residential and/or mixed-use zoning districts to be turned off at night. • Adoption of the ori&al language. Staff can adjust the inclusion or elimination of zones as per Planning Commission request. Recommendation: Staff recommends that the Planning Commission includes a requirement that electronic signs be turned-off between midnight and 6:00 a.m.(if the store is closed)in areas within 600 feet of a residential zoning district. 3. Controls: Enforcement of electronic signs is probably one of the most difficult enforcement issues in the City. Electronic signs are some of the easiest items to exploit. A simple speeding-up of a message or increasing brightness to gain advantage over a competitor is easily done with simple programming changes. This proposed regulation was written to insure initial requirements are consistent across the board and to insure the industry polices itself. The Planning Commission raised costs as an issue for small businesses at the September 28,2011 meeting; however City enforcement has also raised this as a major issue. The primary question seems to be who should be responsible for the costs of increased enforcement caused by electronic signs. The proposal,as written, places the burden on those who elect to install an electronic sign as opposed to the general City taxpayer. Staff believes that the costs of increased enforcement should be part of the cost of having the benefit of an electronic signs. Recommendation: Staff recommends the retention of the language as written in the original proposal. Staff additionally recommends: • Roof signs may not be electronic due to the placement on the skyline. • Electronic signs be prohibited in Historic Districts,unless specifically waived by the Historic Landmark Commission; because electronic signs generally do not meet historic guidelines • Electronic signs in the A Airport district be allowed to occupy 100%of the sign face as previously outlined at the September 28 meeting The following documents are attached: o The draft ordinance discussed at the September 28, 2011 meeting. o A redlined version of the September 28 draft, submitted by YESCO • Recommended Night-time Brightness levels,from the International Sign Association f Discussion Draft Proposal which eliminates billboard bank, defines electronic on- premise signs and billboards and defines where billboards may be converted to electronic billboards. 21A.46.020: DEFINITIONS: A.Word Usage And Interpretation: 1. In this chapter, the words,terms, phrases and their derivatives shall have the meanings as stated and defined in this chapter. 2. Words not defined in this chapter but defined in chapter 21A.62 of this title, or in the building code as adopted by the city in title 18 of this code, shall have those definitions. B. Defined Terms: For the purposes of this chapter, sign types and related terms shall be defined as follows: A-FRAME SIGN: A temporary and/or portable sign constructed with two (2) sides attached at the top allowing the sign to stand in an upright position. ALTERATION, SIGN: "Sign alteration" means a change or rearrangement of the parts or design of a sign, whether by extending on a side, by increasing in area or height, or the moving from one location or position to another, or adding or deleting words from the copy, or changing the size of the letters or figures comprising the copy. Alterations shall not be interpreted to include changing the text or copy on outdoor advertising signs, theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy. ANIMATED SIGN: A sign, excluding an electronic changeable copy sign, which involves motion or rotation of any part by mechanical or artificial means or which displays flashing or intermittent lights. • AWNING: A structure constructed of fabric or metal placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings,with supports extendinghack to the building, supported entirelybythe buildin The maximum vertical drape of g, pp 9� p fY the front valance is limited to one foot(1'). AWNING SIGN: A sign that ispainted on or otherwise madepart of the awningmaterial. (See figure 21 f'‘. (>.020 at the end of this section.) Signage is limited to the vertical portions of the awning: the sides and the front valance. No signage shall protrude beyond the vertical face. BACKLIT AWNING SIGN: A sign made of translucent material with illumination from behind. A backlit awning is considered a form of flat sign and is subject to the regulations thereof. BALLOON: A temporary sign comprised of an inflated nonporous object filled with air or other 1 gas affixed to a building or lot for the purpose of attracting attention. 71) BANNER, PUBLIC EVENT: "Public event banner" means a banner pertaining to festivals or events, as permitted in title 3,chapter 3.50 of this code, which is installed as a temporary sign, BANNER, SECURED: "Secured banner"means a temporary sign intended to be hung on a frame, secured at the top and the bottom on all corners, applied to plastic or fabric of any kind, excluding official flags and emblems of political organizations. BANNER, UNSECURED: "Unsecured banner"means a temporary sign on plastic or fabric of any kind which is not secured in the manner described in the definition of a "secured banner". BENCH SIGN: A sign located on the back of a bench. BILLBOARD(OUTDOOR ADVERTISING SIGN):A form of an off premises sign.A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property where the sign is located. (See figure 21A.46.020 at the end of this section.) BUILDING FACE:Any single side of a building. Signs regulated by building face can be located on a maximum of four(4)faces of a building. BUILDING OR HOUSE NUMBERS SIGN: A flat sign which identifies the address of the property. BUILDING PLAQUE SIGN:A plaque designating names of buildings, occupants and/or date of erection and other items such as architect, contractor, or others involved in the building's creation, cut into or attached to a building surface and measuring no more than four(4) square feet in area, with a maximum six inch (6")projection from the building. BUILDING SECURITY SIGN: A sign indicating the existence of an electronic or staffed security system on the site or warning against trespass on the site. BUILDING SIGN:Any sign attached to a building and which is not supported by, or attached to, the ground. Examples of building signs include: awning sign; backlit awning sign; building or house numbers sign; building plaque sign;flat sign; marquee sign; nameplate sign; projecting building sign; roof sign; wall sign; window sign. CANOPY: A structure-constructed of fabric or other material placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings, with supports extending to the ground as well as attached to the building. CANOPY, DRIVE-THROUGH: "Drive-through canopy" means a freestanding roof structure over drive-through facilities such as a gasoline pump island. CANOPY, DRIVE-THROUGH, SIGN: "Drive-through canopy sign" means a flat sign that is painted or attached to a drive-through canopy which does not extend above or below the canopy facade. CANOPY SIGN: A sign that is painted or otherwise made part of the canopy material. Signage is limited to the vertical portions of the canopy; the sides and the front valance. No signage shall protrude beyond the vertical face. CLEARANCE (Of A Sign): The smallest vertical distance between the grade beneath the sign 2 and the bottom of the sign, including framework and embellishments, extending over that grade. CONSTRUCTION SIGN: A temporary sign identifying the contractor, architect, designer or other affiliated organization responsible for the construction of a new project. DEVELOPMENT ENTRY SIGN:A permanent sign used to identify the main entrance of a development of at least ten(10)acres containing multiple lots and/or multiple (principal) buildings. DIRECTIONAL OR INFORMATIONAL SIGN (PRIVATE): An on premises sign designed to guide vehicular and/or pedestrian traffic by using such words as"entrance", "exit", "parking", "one-way" or similar directional instruction, and which may include the identification of the building or use, but may not include any advertising message. DIRECTORY SIGN: A sign on which the names and locations of occupants or the use of a building or property are identified, but which does not include any advertising message. DWELL TIME The l enath of time that el-lnses between text. imaces. or arnr,'r,ics on ?(� electronic Sing:�,�-__-----------�-------•---------- -- ----•------__� ELECTRONIC CHANGEABLE COPY SIGN:A sign containing a computer generated message such as a public service,time,temperature and date,or a message center or reader board,where different copy changes of a public service or commercial nature are shown on the same lamp bank or message facility.The term "electronic changeable copy sign"shall not be defined as a type of"animated sign"if the message displayed is fully readable within three(3)seconds,.0f: ., ii: ,;tea- 9;art:<i:.`a,t prchiL t d ELEC I RUNIC SIGN) rtirl'v sian, video disolay. oroiected (mace. or similar device v,ith text. images. or areohics c;enerated by solid state electronic col,icclients. Electronic suns inc ude. but are not limited to, sions that use lic;_mot emittiria d ode_s (I ED), nlasnht dISUI�I'is, f,o=r c)Gtics. or other t'schnoluciv that re rn-cc`atin;, text, ir11ar- and rlr)flicr-- ---- -- -- - -- - — EXTERNALLY ILLUMINATED SIGN:A sign made legible in the absence of daylight by devices external to the sign which reflect or project light upon it. FLAG,CORPORATE:"Corporate flag" means a flag identifying the name and/or logo of the business or corporation on the premises where the flag is displayed. FLAG,OFFICIAL: "Official flag"means a flag of a government or governmental agency. FLAT SIGN:A sign erected parallel to and attached to the outside wall of a building and extending not more than twenty four inches(24")from such wall,with messages or copy on the face only.(See figure ZtA.''6,0710 at the end of this section.) FREESTANDING SIGN:A sign supported by one or more upright poles or braces placed in or upon the 3 ground surface and not attached to any building.Examples of freestanding signs are a monument sign 7) and a pole sign. FOOT CANDLES The Enalish unit of mcas�itonment for lu;rnin�itce. which is E cual to one lumen. incident upon an area of one square foot. GARAGE/YARD SALE SIGN:A temporary sign on residential property and used to identify a garage or yard sate on the premises. GAS PRICE SIGN:An on premises sign advertising the price of gasoline other than the information attached to the gasoline pump. GAS PUMP SIGN:Price,gallons,octane and other customary information relating to gasoline sales appearing on a gasoline pump. GOVERNMENT SIGN:Any temporary or permanent sign erected and maintained for any official governmental purpose. HEIGHT(Of A Sign):The largest vertical distance between the highest point of the sign and the grade of the land beneath the sign.When the land slopes down from the street and the sign is located at the setback line,the height is measured from the adjacent street(top of curb). HEIGHT,SIGN FACE:"Sign face height"means the maximum vertical distance between the top and the bottom of a sign face. HISTORICAL MARKER:A type of memorial sign limited in content to the identification of an historical building or structure or the site of an historical event. ILLEGAL SIGN:Any sign erected after the effective date hereof which does not comply with the provisions of these sign regulations,or a sign that was illegal prior to the adoption of said ordinance,that has not been subsequently legalized. ILLUMINANCE::: The intensity of licht farina On a surface at a defined distance frcnl INTERIOR SIGN:A sign located within the building oriented to the interior space of the building. INTERNALLY ILLUMINATED SIGN:A sign which has characters, letters,figures, designs or outlines internally illuminated by electric lights, luminous tubes or other means as a part of the sign proper. KIOSK:A structure which is used for the posting of temporary signs. LETTER SIGN:A type of flat sign consisting of letters placed directly on the building face. LOGO:A business trademark or symbol. 4 LIJ IINE=NCE-.:The nhotemetric auanthty most closer,/ assoc* t ed viith the veroentio 1 of brightness. luminance is measured in candelas per sou_,re meters or "nits' for rDurr.Uses of this ordinance. . MARQUEE:A permanent roofed structure which extends outward from the face of the building and is designed to meet all provisions of the current Salt Lake City adopted building code and other specifications as outlined in this chapter.Where specifications as outlined in this chapter are different from the provisions of the Salt Lake City adopted building code,the more restrictive shall apply. MARQUEE SIGN:A sign attached to a marquee. (See figure.4A.41 .020.at the end of this section.) MEMORIAL SIGN:A sign acknowledging a person,place,event or structure. MONUMENT SIGN:A freestanding sign whose sign face extends to the ground or to a base. (See figure 21A,46.020 at the end of this section.) J T ION The dcnicticn of movement Cr chance of c,s;t :ir, of !c it. tma'iies or nraohics. [Action shall include, but not be limited to. visual effects such as dissol`linc _;nd fadinc: text and 'maces. runnina sequential text. cranhiC bnnrsts. lichtina that rE i1 b!es zooming, h:';nklina, or soarkl;n, changes in tiuht or color`transitcr',' i nrsis Cf I;jht intensity. movinc: Patterns or bands of cht. e>na dine or contractina 11 C - and�e` ;similar actions, --------- ------ NAMEPLATE SIGN:A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises,or indicating a home occupation legally existing on the premises. NEIGHBORHOOD IDENTIFICATION SIGN:A sign located in the public right of way which identifies the name of a particular neighborhood. NEON PUBLIC PARKING SIGN:A standardized parking identification/entry sign as shown in figure 21A.4G.020 of this section that is approved under contract with the Salt Lake City transportation division. The sign may be attached to a building as a projecting sign or stand alone as a freestanding sign. NEW DEVELOPMENT SIGN:A temporary sign used to identify a new development being constructed. ':IT8 H linii of Illy :sn e of brinhtncss c: luroinan.c. Sul; 't is tG GI"i? NONCONFORMING SIGN:Any sign or structure or portion thereof which was lawfully erected in compliance with applicable regulations of the city and maintained prior to April 12, 1995,and which fails to conform to the sign regulations of this chapter and all other applicable standards and restrictions of this title. OFF PREMISES SIGN:A sign which directs attention to a business,commodity,service,entertainment or 5 attraction sold or offered at a location other than the premises on which the sign is erected. ON PREMISES SIGN:A sign which directs attention to a business,commodity,service,entertainment or attraction sold or offered on the premises on which the sign is erected. OPEN AIR MALL:A building or buildings that are designed to function like a traditional shopping mall, but do not have a ceiling or roof. OUTDOOR ADVERTISING SIGN:See definition of"Billboard(Outdoor Advertising Sign)". PARK BANNER SIGN:A banner hung from either an existing light pole standard or on a pole erected specifically for the purpose of accommodating a banner.A park banner sign includes verbiage and/or design that relates to either a permanent venue within a park or provides a means of identifying the specific park itself.A"park banner sign"does not include any banner that contains verbiage or symbols that relate to or otherwise identify a temporary event. POLE SIGN:A freestanding sign other than a monument sign,erected and maintained on a mast(s)or pole(s)and not attached to any building.(See figure 21A.46.020 at the end of this section.) POLITICAL SIGN:A temporary sign advertising a candidate or candidates for public elective office or soliciting votes in support of or against any proposition or issue at any general,primary,special, school or any other election decided by ballot or a temporary sign expressing political opinion. PORTABLE SIGN:A temporary sign not permanently anchored or secured to either a building or the ground, but usually anchored or secured to a trailer,vehicle(where the primary purpose of the vehicle is to advertise) or frame capable of being moved from place to place. PREMISES:A lot with its appurtenances and buildings that functions as a unit. PROJECTING BUILDING SIGN:A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. PROJECTING BUSINESS STOREFRONT SIGN:A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall.Said signs shall contain only the name of the business and/or associated corporate logo. PROJECTING PARKING ENTRY SIGN:A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. Said signs shall contain only the words or symbol signifying the entry to a parking lot or structure. PUBLIC SAFETY SIGN:A sign designed to warn people of potentially dangerous or hazardous situations. Forms of public safety signs include:traffic safety signs,electrical hazard warnings,geologic hazard markers,etc. REAL ESTATE SIGN:A temporary sign related to the property upon which it is located and offering such property for sale or lease. ROOF SIGN:A sign erected on the roof of a building and constructed so as to appear as an extension of the building facade.(See figure 21A.'16.020 at the end of this section.) 6 SHOPPING CENTER IDENTIFICATION SIGN:A pole, monument or flat sign used to identify a shopping center development consisting of two(2)or more stores.A shopping center identification sign may include electronic or other changeable copy. SIGN:An object,device or structure,or part thereof,situated outdoors or indoors which is used to advertise, identify,display,direct or attract attention to an object,person, institution,organization, business, product,service,event or location by any means,inducing words,letters,figures,designs, symbols,fixtures,colors,illumination or projected images.The term"sign"shall include the sign structure,supports,lighting system and any attachments,ornaments or other features used to attract attention. The term"sign"does not include the flag or emblem of any nation,organization of nations, state,county,city;or works of art which in no way identify a product qr business logo. SIGN FACE:That part of the sign that is or can be used to identify,to advertise,to communicate information,or for visual representation which attracts the attention of the public for any purpose.The term "sign face"includes any background or surrounding material, panel,trim or ornamentation,color and direct or self-illumination that differentiates the sign from the building,structure,backdrop surface or object upon or against which it is placed.The term"sign face"does not include any portion of the support structure for the sign;provided,that no message,symbol or any of the previously described elements of a sign face is placed on or designed as part of the support structure.See subsection 21A.45.07QW of this chapter. SIGN FACE AREA:The surface of the sign face. (See figure 21A.AG.0020 at the end of this section.) SIGN GRAPHICS:Any lettering,numerals,figures,designs;symbols or other drawings or images used to create a sign. SIGN MAINTENANCE:The maintenance of a sign in a safe, presentable and good condition including the replacement of defective parts, repainting,cleaning,and other acts required for the maintenance of the sign. SIGN MASTER PLAN AGREEMENT:An agreement outlining sign criteria to be used on private property but not oriented to a public street.The criteria should include, but is not limited to,the discussion of types, sizes and materials of construction of signs. SIGN STRUCTURE OR SUPPORT:Any structure that supports or is capable of supporting a sign, including decorative cover. SNIPE SIGN:A sign for which a permit has not been obtained which is attached to a public utility pole, service pole,supports for another sign or fences,trees,etc. SPECIAL EVENT SIGN:A temporary sign accessory to a use that identifies special events or activities.A special event sign shall not include real estate signs,garage/yard sale signs or other types of accessory signs. STADIUM:A confined but open air facility designed to accommodate athletic events or other large gatherings. STOREFRONT:A face of a building fronting on a street or having public pedestrian access. TEMPORARY SIGN:Any exterior sign, banner, pennant,valance or advertising display constructed of paper,cloth,canvas, light fabric,cardboard,wallboard or other light materials,with or without light frames,intended to be displayed for a short period of time.Examples of temporary signs include:an A- frame sign; balloon;secured banner;unsecured banner;public event banner;garage/yard sale sign; political sign; real estate sign;special event sign, TWIRL TIME Tbe.timos2 if tair: s for st tl('_t: :.i. i(1iac; s c:ii i qra:Mjc,s oil an e ,-,,cArci_:i 3M l to ch rlcE:, to 3 f=r Ilt t:? i. IIl1=':Ll?>'. or rirarlhi(_.i on =l ;ui)seauont si^n face VEHICULAR SIGN:A sign on a vehicle which is visible from the public right of way where the primary purpose of the vehicle is not to advertise a product or to direct people to a business. VENDING MACHINE SIGN:Any sign fastened to or painted to a vending machine which directly relates to the product contained in the machine. VISIBLE: Capable of being seen,whether or not any item of information is legible,without visual aid,by a person of normal visual acuity. WALL SIGN: A sign that is painted on a building wall containing the name of the business and/or its logo. WINDOW SIGN: A sign inside of or attached to the interior of a transparent glazed surface (window or door) oriented to the outside of the building. A display window that does not include signs shall not be considered a sign. 3 21A.46.060: SIGNS SPECIFICALLY PROHIBITED IN ALL ZONING DISTRICTS: The following exterior signs, in addition to all other signs not expressly permitted by this chapter, are prohibited in all zoning districts and shall not be erected: A. Animated signs excluding public service signs; B. Any snipe sign; C. Balloons; D. Bench signs; E. Portable signs, except where specifically permitted by district sign regulations; 8 F. Signs overhanging the property line other than signs that are permitted under the sign regulations applicable to each zoning district; G. Signs which are structurally unsafe, hazardous or violate the uniform building code or the uniform fire code; H. Signs located near streets which imitate or are easily confused with official traffic signs and use words such as "stop", "look", "danger", "go slow", "caution" or"warning", except where such words are part of the name of a business or are accessory to parking lots; and I. Painted signs which do not meet the definition of wall signs. (Ord. 53-00 § 3, 2000: Ord. 88-95 § 1 (Exh. A), 1995) 21A.46.070: GENERAL STANDARDS: A. Construction Standards: 1. Applicable Regulations: All signs erected in the city after April 12, 1995, shall comply with the current standards of the national electrical code, and adopted building code, all provisions of this chapter and any other applicable provisions of this title or other applicable regulations. 2. Engineering Required: All sign permit applications for freestanding signs shall be engineered to conform with the applicable provisions of the adopted building code and,where required by the building official, shall be accompanied by an engineering drawing stamped and signed by a structural engineer licensed by the state attesting to the adequacy of the proposed construction of the sign and its supports. B. Ownership Shown On Signs: The name of the sign owner and sign erector of ail signs shall be in plain and public view. Signs not carrying such an imprint will be presumed to be owned by the owner of the property on which the sign is located. C. Clearance Between Sign And Ground: A minimum clearance of ten feet(10') shall be provided between the ground and the bottom of any pole, projecting sign or flag. D. Signs Not To Constitute A Traffic Hazard: No sign shall be erected along any streets in such a manner as to obstruct free and clear vision; or at any location where by reason of its position, 9 ..... .....A...,......e.ra...w...�.u..�...._.—_ - — _ .. ._.. _.....:._ .... ,.:n . �....�Er. .J.... .s ,v.... .s .. .. .a .._ .._... ... .. . . .. shape, color or words, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device or block visibility for driveway ingress or egress. (See also subsection 21A.46.060B of this chapter.) E. Repair Of Building Facades:A building facade damaged as the result of the removal, repair, replacement or installation of any signs shall be repaired by the property owner within thirty (30) calendar days from the date of the damage. F. Maintenance Of Signs: Every sign shall be kept in good maintenance and repair. The ground space within a radius of ten feet(10')from the base of any freestanding sign shall be kept free and clear of all weeds, rubbish and flammable material. The building official shall inspect and enforce this section pursuant to the provisions of section 21A.46.150 of this chapter. G. Sign Removal: Signs identifying a discontinued use on the property shall be removed from the property within thirty (30) calendar days of the time the use was discontinued. H. Moving To New Location: No sign erected before April 12, 1995, shall be moved or enlarged or replaced unless it be made to comply with provisions of this chapter. I. Lights And Lighted Signs: No spotlight, floodlight or lighted sign shall be installed in any way which will permit the rays of such sign's light to penetrate beyond the property on which such light or lighted sign is located in such a manner as to constitute a nuisance. Signs alleged to be a nuisance, by reason of light, by the neighboring property owners or tenants shall be subject to the zoning administrator's review to consider the validity of the nuisance complaint. If the sign is determined to be a nuisance, by reason of light, by the zoning administrator, the owner of the sign shall be required by the zoning administrator to take the appropriate corrective action. J. Height And Elevation Of Building Signs: The height and elevation of building signs shall conform with the following provisions: 1. Awning Signs:Awning signs shall not be located above the second floor level of the building. 2. Flat Signs: Flat signs may extend a maximum of two feet(2') above the roofline or parapet wall • of the building on which they are located. 3. Marquee And Canopy Signs: Marquee and canopy signs shall not be located above the main entry level of the premises. D 10 • L.• 4. Nameplates: Nameplates shall not be located above the first floor level of the building. 5. Projecting Building Signs: A projecting building sign shall not exceed the top of the vertical building wall on which it is located. 6. Projecting Business Storefront Signs: A projecting business storefront sign shall he located at the main pedestrian entry level of the building. 7. Projecting Parking Entry Signs: A projecting parking entry sign shall be located at the parking entry level of the building. 8. Roof Signs: The height of the sign face of roof signs shall not exceed twenty percent (20%) of the height of the building or ten feet(10'), whichever is less. 9. Wall Signs: Wall signs may extend to the top of the vertical building wall. 10.Window Signs: In the RB, RO, R-MU, CN and CB districts only,window signs shall not be located above the first floor. In other districts where window signs are allowed, they may he located on all floors. 11. Outdoor Television Monitor: Shall not be located above the second floor of the building. • K. Signs On Public Property: Except for portable signs authorized pursuant to section 21A.46.055 of this chapter, no sign shall be located on publicly owned land or inside street rights of way, except signs erected by permission of an authorized public agency. L. Extension Of Building Signs:The following building signs shall be allowed to extend beyond the face of buildings or structures in conformance with the following provisions: 1. Flat Signs: A flat sign, with no copy visible from the sides, may extend a maximum of two feet (2') from the face of the building, even when the extension extends over the public right of way, subject to the city's right of way encroachment policy. 2 Projecting Building Signs: Projecting building signs may extend a maximum of six feet (6')from the face of the building but shall not extend over a public right of way, except in the D-1 and D- 4 zones as allowed in section 2.1;;46.110 of this chapter. 3. Awning/Canopy And Marquee Signs: As authorized in other sections of this chapter. •c M. Roof Signs: Roof signs shall conform to the following standards: 1. The height of the sign face of roof signs shall not exceed twenty percent (20`li%) of the height of the building or ten feet (10'), whichever is less; 11 • 2. No guywires, braces or secondary supports visible from the ground shall be used; 713 3. Roof signs shall be designed to appear as extensions of the exterior building wall as shown in figure 21A.46.020 of this chapter or be located on the elevator/mechanical penthouse or, on buildings taller than one hundred feet(100'), may be located on blank walls at the highest inhabitable level; and 4. Roof signs shall not exceed the maximum permitted height for the zoning district in which it is located. N. Marquees: Marquees designed to project over public property shall: 1. Frontage Requirement: Extend across a major portion of the building entrance. 2. Height Limitation: Be located on the main entry level of the premises. 3. Thickness: Have a vertical face height or cross section dimension not exceeding three feet(3'). 4. Clearance: Have a clearance of at least ten feet(10') above the sidewalk. 5. Projection: Extend a maximum of twelve feet(12')from the face of the building but must not project closer than two feet(2') to the back of the curb. 6. Location: Be so located as not to interfere with the operation of any exterior standpipe or to obstruct the clear passage of stairways or exits from the building. 7. Shelter: In order to provide pedestrian shelter, a marquee shall have its first six feet(6') of projection form a rectangle with the sides ninety degrees (90°)to the building face and the plane at least six feet(6') from the building parallel with the front property line. The remaining projection of the marquee can assume a configuration compatible with the architecture of the building. O. Marquee Signs: Signs attached to an approved marquee, as specified in subsection N of this section, may extend over public property a maximum of twelve inches (12")from the face of the marquee. Copy is allowed on the sides of the marquee. Signs placed within or below the ceiling of a marquee shall not extend beyond the marquee face and shall be placed within the vertical plane of the marquee.Within a commercial or downtown district, a permanent sign or letters may be attached to the top of, or fascia of, or within or below the ceiling of an approved marquee, subject to the following standards: 1. Vertical Dimension: Overall vertical dimensions of the combined sign and marquee shall not exceed five feet(5'). 2. Height Of Sign: The height of the sign or letters shall not exceed two feet (2'). 3. No Side Copy: Signs attached to marquees shall have no copy on the side portion of the sign. 12 4. Clearance: Signs attached to marquees shall maintain the minimum ten foot(10') clearance required for the marquee. P. New Development Sign: New development signs shall be permitted during construction through initial occupancy of ninety five percent(95%)of floor space for a nonresidential development and through ninety five percent(95%) initial unit occupancy for a residential development. New development signs shall be removed upon two(2)years of use, regardless of the level of occupancy. See sections 21A.46.030, 21A.46.090, 21A.46.100,21A.46.110 and 21A.46.120 of this chapter for zoning district limitations on size, height and location of new development signs. • Q. Temporary Signs: Temporary signs shall comply with the following standards: 1. Required Setback: All temporary signs shall be set back five feet(5')from all property lines, except where displayed as building signs on buildings set back less than five feet(5')or where the sign setback is otherwise specified in this title. 2. Display Period And Removal: Temporary signs shall be permitted in accordance with the standards set forth below for display period and removal, unless specified otherwise in this title: Removal Required Sign Type' j Display Period i 3 Days After Construction impact area • Per city guidelines2 Per city guidelines2 mitigation sign p Construction sign I Duration of construction Completion Garage/yard sale sign 2 sales per year(7 days End of sale maximum per sale) Political sign • No limit ; Election/voting day -- Public event banner(on ; Per city guidelines i Per city guidelines public property) Real estate sign Duration of listing Closing/lease commencement date • 13 Special event Duration of event End of event Vacancy sign Duration of vacancy i Date of lease or of purchase and sale contract Notes: 1.See sections 21A.46.080, 21A.46.090, 21A.46.100, 21A.46.110 and 21A.46.120 of this chapter for zoning district limitations on the size, height and location of temporary signs. 2.See section 21A.46.180, "Construction Impact Area Mitigation Signs", of this chapter. R. Flags Of Fraternal, Religious Or Civic Organizations: Flags of fraternal, religious and civic organizations are permitted as on premises signs, but shall not exceed thirty(30) square feet in area. S. Official Flags: Official flags shall not project over a property line, except within the D-1 and D-4 zoning districts,where official flags are allowed to project up to eight feet(8') across the property line, but not within two feet(2') of the curb line.The pole support must be attached directly to the building and located so that all portions of the flag clear the pedestrian level of the building. Flags shall not interfere with street trees, light poles, utility lines, etc., and shall maintain a ten foot(10') clearance from the sidewalk. T. Freeway Height Exception: The height of on premises pole signs located on properties adjacent to 1-15, 1-80, I-215 and the 2100 South Expressway(State Route 201) may be increased to a height of twenty five feet (25') above the pavement grade of the adjacent freeway if the sign is freeway oriented and located within three hundred feet(300') of the freeway. U. Freeway Frontage: Freeways shall be considered street frontage for signage purposes. Pole and monument signs approved on freeway frontage shall be limited to seventy five percent(75%) of the maximum size allowed for the zone. Reduced size pole and monument signs shall be interchangeable with other pole and monument signs on the same site. V. Historic District Signs:The board of adjustment may authorize, as a special exception, modification to an existing sign or the size or placement of a new sign in a historic district or on a landmark site if the applicant can demonstrate that the location, size and/or design of the proposed sign is compatible with the design period or theme of the historic structure or district and/or will cause less physical damage to the historically significant structure. !! 14 W. Sign Area Determination: Sign face area square footage shall be determined as follows: 1. Flat Signs (Excluding Letter Signs And Backlit Awnings) And Wall Signs: The entire surface of the sign face shall be measured. 2. Backlit Awnings And Letter Signs: A polygon, not to exceed eight (8) sides, shall be drawn around the copy area to enclose as nearly as possible the space covered by the copy. 3. All Signs: Words, symbols, letters, images, logos and all other designs that are intended to convey a message shall be included in calculating the sign face area. Colors, stripes and other designs that are not intended to convey a message shall not be included. (Ord.62-09§ 2, 2009: Ord. 77-08, § 1, 2008: Ord. 5-05 §4, 2005: Ord. 13-04 § 23, 2004: Ord. 78-03 §4, 2003: Ord. 62-03§ 1, 2003: Ord. 61-00 §§ 3_6, 2000: Ord. 53-00 §4, 2000: Ord. 88-95 § 1 (Exh. A), 1995) X Llectronic Signs: E k ctronic signs shall conform.to the followirra standards: 1. Motion Any motion or appearance of motion of any kind isj.rohihited on an electronic sign face: Electronic billboards shall have only static text_ imagest-and graphics: 2. Dwell time The text, image, or display on an electronic s!qn may not change more tflan once every eioht (8) seconds. Twirl time between subsequent text. images, or display shall not exceed 0.25 seconds. 3. Brightness The illumination of any electronic sign shall not increase the ambient liahl.inq level more than three-tenths (0.3) foot candle when measured by a feet candle meter,perpendicular to the electronic face. at a distance defined by the following formula: Measurement Distance = the square root of, the Area of Sian Square Fcotane x 100 4. Individual zoning districts define maximum sign size, the naximurorton pf the signs that are allowed to be electronic. as opposed to a static image. shall be as follexis: a._ Sixty percent of the lion face in CS and CC zoning districts Eighty_percent of the sian face in the Downtown and Gateway districts c One hundred percent of the Sian face in i 1a,i!,fa,turing t,1 and General Commercial CG 7oninadistricts. ci. Forty uercent of the total skin fate in all other zoning Gistric`s. . �5 Y • e. Electronic billboards as defined in section 21A.46.160 are allowed one hundred.percent of the sign face to be electronic in those zoning districts where electronic billboards are permitted 5. Display period Electronic signs may not be illuminated or lit between the hours of midnight. and 6 a.m if they are located within 600 Feet of a residential. mixed-use. downtown, Sugar House Business District. gateway,. Neinhhorhood Commercial. Community Business. cr Community Shopping Center zoning district unless the business on the_site is actually. ()pen for business during those hours 6. Public safes a. All text and images must be of a size and shape to not cause drivers to reduce speed or pause in .order to comprehend the message.. • b. Serial mess-aces that require multiple passes or multiple signs to comprehend the message are Prohibited. c. Electronic signs located in an Airport influence Overlay zone are subiect to Airport restrictionsreaardino lighting, 7. Controls a. All electronic sicr.s shall be equipped with an automatic dimmer control or other mechanism that autematicaliy.controls the sicn's brightness and discial period as provided above. b. Prior to approval of any permit for to operate an electronic sitar,. tie applicant shall certify that the sign has been tested and complies with the motion, dwell time, brightness, and other requirements herein. c. The owner and/or operator of an electronic sign shall submit an annual rero►t to the city;certifying that the sign complies with the motion, dwell time. tightness. and other requirements herein. r!. The City has the right to verify, or receive additional verification. upon request. Prohibition: All electronic signs not confirming to the above standards are prohibited. 21A.46.160: BILLBOARDS: A. Purpose Statement: This chapter is intended to limit and redo.,-, the maximum number of billboards in Salt Lake City-to-no-c reater4than-the-current•nun,- This 16 4 chapter further provides reasonable processes and methods for the replacement or relocation of existing nonconforming billboards to areas of the city where they will have less negative impact on the goals and policies of the city which promote the enhancement of the city's gateways, views, vistas and related urban design elements of the city's master plans. B. Definitions: BILLBOARD: A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property where the sign is located. BILLBOARD-BANK-An-aoc ;sting-systemestablislied-bar-tha:city-to-keep-track-of the nurube?'e.hd-Equar2-footage--of-nonco forirting-b;i-1 Bards-re vied-p rs?-ian`.-te t1i s-thapter- FILLBGAR.D-CREDIT:-Art-entry into-a-billboard-owner's-billboard-ban'te;-aco nt-t-hat shows ft3e-number-ancl.square-footag e-of-de no!;shed rionoonf6rr3;Irsg-EAlt Darns, BILLBOARD OWNER: The owner of a billboard in Salt Lake City. BOULEVARD: the follow na streets are desianated Boulevards for billboard. reaulation ourposes: 1. 4000 West; 2. 5600 `•Jest; 3. 2100 South Street/Parlevs Vqa.kt from tnterstata 15 to Foott It Boukrard; 4. Foothill Drive1400-500 South from 1000 East to Interstate 80: 5. 400 South from Redwood Road to 1000 East (excluding Special Gatev."av): 6. 300 West from 900 North to 900 South: 7. Noah Temple from State Street to Interstate 80 (excluding Special Gateway); — — 8. State Street from North Temple to 2100 South Street (excluding Specie_I Gatey1ayI 9_ Main Street from South Temple to 2100 South )excluding Special 10.7200West; 11. 00 South from 300 West to 700 East: 12.600 South from 200 West to 700 East: 13.700East: ? 14.1300 South/California from Redwood Road to its eastern terft nus. • 17 • O 441 CITY ENTRY: The following streets are designated City entries for billboard reputation purooses: 1 400 South from Interstate; 15 to 300 West; 2. 500 South from Interstate 15 to 300 West: inc!udina the cn-ram n portions of I-15 from 500 v:est to 500 feet after the connection of trave__I lanes onto the main traveled freeway: 3. 600 South from Interstate 15 to 200 West: Including the off-ramp Portion pf 1-15 beainninci 500 feet before the separation of travel lanes from the main (raveled freeway; 4. 600 North from 800 West to 300 West; 5. 900 South 1-15 off/on-ramp from Brooklyn Avenue to West Temple . ELC T RONIC CONVERSION: The process of changing a billboard face from static copy to electronically changeable copj, EXISTING BILLBOARD: A-billboare-vgsh-warrooFstritcted;maintainedand-iri use or for-which a permit ic: construction—was-i-ssued-as-of-NJuljf--13,1683:A billboard that does not comoly with current zoning but was lawfujiy erected and complies with all other applicable local and state regulations - 4 ELECTRONIC BILLBOARD: A form of electronic slan disnlayinq off-premise advertising. FREEWAY.. The fcllowinc streets are classified as freeways for billboard requtation ;•urooses: 1, interstate E0; 2. Interstate 215; Interstate 151 4. State Route 201/The 2100 South Exoresswavi 5. Mountain View Corridor. Excludinp all portions of and freeway cn,'off rarnos defined as being City entry streets • GATEWAY: The following cateaories of streets or highways within Salt Lake City City_Entfy_Special Gateway street:-„:: 1—Intr±.state-e0s 18 2:-Interstate-2.15f 3-Interstate-1-5 5--5rs-00-West; 0:-2-100-South-Street-Erma-Inter,`.at2 1'S-to-1'300-East; 7:The-2100 r itth-Ext3;es6way-goat-(1 vast-te-the €?WFoot`;i!i-D ive-Frorn--Guardsrnsn-VJay-to•-I,:terstote-80 r utn-fior -1+1tersta1e 54 .-g00-fast; 1-0.fi00-Sol-tth-frotii-interst;te-45-to 7OO-- sst-; 1-1:-G00 scut# -from-tf+Lst-state-16-to-i-00-East; 1-2 -300-West fveai.- QO-North-to-6C0-South; -13:-Nora 4e,rn le"f,orn-1�tain-Street ta-lnterstat'e-3C: t , • 41. Main'Street`frrfl3-Ncrth_T'Cill lTte`.3--21 0t}-SVl-it:-Sttee - • 15:-State-S1 eet-frert,►-South-T-emp'e-to-21'00.,outh; and 113-f-OO-Nortft'froth-8J0-ANest-to-300^West GRANERY DISTRICT EXCLUSION AREA: The CG General Commercint properties.located bet•.,een 300 West'to 1-15 and 200 South to the 900 South offlon-ramp wh'ch are identified to he rezoned mi>:ac'-use accordinc: to the Gateway Master Plan, I' E I.LLt3OnR[3, A.-hint earl -fec-tei kt p fnAiJ.-te..Y;en ► t t-IONC-GNFOR'VIN e rd•v,i�ir' -ts�c Gt -Irr - ar?tti j Eli kkc ot-er-6.thervii�-a sit�lated4n� y � t tt �- fi r •,.,. .. -i...-1'/ii -1'Jr,iG"i,l'1,lE;t:lfi-'riOt•i32-�1�:1i':�L�.rC•. t?�,�tll.-{3rGul�i.rii;. of-ta;sapter: 19 • SPECIAL GATEWAY: The following streets or highways within Salt Lake City: 1. North Temple between 600 West and 2200 West; 2. 400 South between 200 East and 800 East; 3. State Street between 600 South and 2100 South; and 4. Main Street between 600 South and 2100 South. TEMPORARY EMBELLISHMENT: An extension of the billboard resulting in increased square footage as part of an artistic design to convey a specific message or advertisement. Utah-Federal Agreement: The agreement entered into betv.,een the Governor of the State of Utah and the Secretary of Transportation of the United States, dated Januarv18;-1968 as ratified and aapreved in the Utah code. C. L-irnit {1-Tt,e4otal-ttiurrl;er-Of-Billboards "to-greater-,ntrr, be of-billboards-shall-be 3 allowed-in-Salt-Lake City-than-the-numt r-of-exist ng-b iboar4s-New Billboards Prohibited: New Billboards. including any increase in square footage. or additions of another face are arohibited in Salt Lake City. D. Relocation of Billboards: Ex.istinu billboards may be relocated as mandated by the reouirement.s of Utah State law if consistent with the Utah-Federal Agreement. 1. Additionally, billboards may be relocated from any zoninn district to Manufacturing and CG General Commercial zoning districts with the restriction that they are not oriented towards, cr located within 600 feet of a aatewny street or a residential zoning district or located in the Granery District Exclusion Area. 2. Billboards may also be relocated as outlined in subsection R in conjunction with a conversion to an electronic billboard — — Permit Required For Removal Of,Ncr-,ecnforr inn Billboards: 1. Permit: .-.• - billboards may be removed by the billboard owner only after obtaining a permit for the demolition of the nonconforming billboard. 2. Application: Application for demolition shall be on a form provided by the zoning administrator. 20 3. Fee: The fee for demolishing a nonconforming billboard shall be one hundred eleven dollars ($111.00). E.-•Crod te,-Foi--Nr.iloonformiFeg-kill vvciid--RC-;i,olrali-Af er-a-nonconforil Ing-billboavd-is • d€,-cn)fished-pura iant-to-a-peril;it-46ii a-tvider--aub G il-D4-Gti-tt s--6ecticia;Or-its successor-the�ity-shall-create a-t lboaid-bank-account-or`.l;e billboar4-owner:The account-shall ,-Clete-01-4i-ie-rer oveltai''dl-t -i*{3riing istdat-c tt:e- +=molis.4'ie(.l • nonconforming-bittiroard.--The-account-shall-reflect biilbeard-credits-for-;he-billboard and--its-sgluafe-footage-Def„rlit•Icii-of a•-coi •forni g ;Wboai'd-shall-=ot-r'•e' $lt-sr}-an-y billboard-credit: F P-rior-ity-ForRet-r,ova-1-•Ot- !GaGG4Grini g-1:3illbeaf4s:Neii:,oi•;form(r •g-lvitibe rds-irpall-be rernoved-srabjeet-a-the-following-priority-sclaectu!e: • rds-ire-districts-toner-resid2iafial; laistoricr-res entia!-F? h11)-ot downtown-04 0-3-and D 4sha II-be-rein-avail first; 2-:BI!lboards••ia•disici s--z i-commercial-CAP: or CB;-oc gateway-G-Ml1r GGG-Gr--Cf4-o4, on-•cta ten ays-skald-be-removed-second; v-l�i!lboard5-which arc--nclawaforrnia -for-an'y-other reason-slicl-ll-t)2-remo ad4a6t�afid 4,A-bill-beard-,ownac--tiiay-+Ie n fish-nonconfotm;tigi--billboards--of-a-lower--priority-b e•fofe re aaovi,ng--billboards-in-a-lai ,la,-pr ority,llowe �er�-tha-bi4board-fired-i'•_:,-for-removi ng V ti e-lo e r priorii lSfrt ocrd-shall-not-become-effective-f fir-use-in-coonstr:uot;ri Cy.-a-filew bilI-bo&d-untll t11O•(2)-bil!beards-Gpeci ii d-fill sub fie tion 1-Gf-t1i16•sectioraror-its successGr;Nita-a etal--Gquare- ootage equakto.or-g-r_ater than-the-lower-pr-ority• bitIboa Kira re-crediteri--in- he-hi4boar{.l-;3wner's blflboatel-hank-account,-1,`ia il[boa i owner-ha s-no-subsectioA-F-1--of--th is iection;-or its"successerr noncrs'nform'rr`,j. billbeards;-two-(2)-subseeti'3ri-F• Ot-thin 6soitikor-fitlyauocessor rierii.y'b:i!boards niay-tie-oreclited-in--fib?-cry41!beard--vwfieC6-liiithoai -bank ccvililt-to-ef:ec u tc^.--ihe billboard-credits-of a-s+alb=:ecti i-1=-3-of-this-ccotioit;ar-lfs-successcr;-biltboard to.al >w tii8'riOia5tr4iv^ifcii Cif z3-i"ieY1-l3i!lC3GLffl:.l Ur- i',c,i'Jl1ff335e6 Gi'ifi;S Eectio[':i•the--two--(a) higfiler•-priocity-billboards-erediteft-ba-the-biilboard••f;c nK-account-can b ufied-(}^-.ly GF.f :-to-effe/Auate•-ti e-biilbber-d-credits-for-c'a•lGwer:-priortty-biltharird. --L-?,e--GF B;-ib4ard-G ezi:it-s:Ai,iy-li'4,bGartJ-sredits-r;dt-Cibe'1-Y:iCi?4ca-tl;ir-iy_Cx-436 -trior-Yt-i:f of-theicre arias-sl?aril-exl3i „etl--4•;e-of-i=lo-fur-ther-va!ua-e -usa-e pee --' -0Vit'r -pr4o4ty--rredits-ef3eotua` urouant to-subsea ca-f�;-a-f-til s• aatio ire itu-SHfiGRE c;3ri 1111 21 eh ll-expr t-and,ba-oi-no-itir4heF-Value-eF-us 0)-meath-s-Of-their oreatien i-8ilil-)oard Credits---Tiaras erable-'-A-billboard-Gwfier-F'iay-F.relkr-othePwis8 tranete3i.a-31`:. - bitlboard-andfor-billboard-credits-X-ra eferred-biilboard-cred is-whi h-ace-not-e fe lla }� bec=ause-of-the-prio-fit-y-proiisicns of-subsection-F=-ef th`s-seotion-er-its-successor; shall not-become effective-for-the;r new-c wrier-until44iey-wo+ilei-have become eff;relive-fo-the-or 3inal-owner:The-transfer-of-any--billboard-s ed;t, ,-net-extend the tiafrty eix-(36)-month-li€e-pNvided-in-sub en-G-of•t-his-sFLt ors, cif ifs EUGGv6£•Or: l- Double-Faced-Bi boards�DernoktiGfi-of-a- -a senfonning-billboard-ti gat-has-twe-(2) advertising-fa;es-shalt-receive-billboard credits-for-talc-cc4a -fot-atje-or:-earl fac= but-only-as ore-billboard- Jr. tge,„., Billboard Construction: It is unlawful to construct a r1=v -billboard other than pursuant to the terms of this chapter. In the event of a conflict between this chapter and any other provision in this code, the provisions of this chapter shall prevail. G BiIibo:3rd en! mem€ nt: Ally increase in square lootaco of a billboard, i ciudinc adding an additional face to a one sided billboard is prohibited. 44:-ParHilted-ZcRing-Gisiricts4 4ew-131;{tieards-nlay-tip'_-constf ted-Gf-ity^!i41ie- a identified-or the-o##ic!al- r4 p: • 1.H. New-Billboard relocation or remodeling Permits: 1. Application: Anyone desiring to construct relocate or remod a new billboard shall file an application on a form provided by the zoning administrator. 2. Fees: The fees for a i roe rd-ca strE„tic:;-permit to relocate or shall be: a. Building permit and plan review fees required by the uniform building code as adopted by the city; and 22 b.Inspection tag fees according to the fee schedule or its successor. ',1-Use-Of-Billboard-Credits; 1-A-newbilfboard pers�;it c}ca;!cxr'y +ssua� f�lrapplicant-has-billboard ore:Bits-ofa•sufficient-ruraber-of-squara-feet-ard billboards-to-allow constaactioa-of-the-new-biliboard, 2-Whoa-the-permit-for-the construct oa-efa-+;ew-billboard•-i,-ssuad he-zoning administrator shall-t':educt-{vnt trz-t?i{board-rwner's-billboard-bank-accaunt; a,-The-square-footage-of--die ew iliboard.and b-7he-nu{ter-ef-billboards-whose-square-foctage was-used-to•allow-the new-billboard-construction: 1-If-the--new-bi lboard-useszess=than#aanlire-avaliable-billboa r,f-ored its considering-both-the-number-of-h1llboards-ar,d-square-footage,any remaining-square faatage-shahkarnain-ln-aaa-biilcoarcl-tank: :N Billboards Prohibited On Gateways: Except as provided in subsection O D of this section,or its successor,no billboard may be constructed within six hundred feet(600')of the right of way of any gateway street. OJ.Chaneeahlo copySpecial-Gateway-Provisions; 1,-If-a-noes nforming4Ilboard-is-lea;ellshea-witi;i„a-special•gateway;the bill4eatd-ewner-may-construcea-new-ilia board-along-iae ame-speWal gateway-ina-zoninrl district•equal;o-or'ess-estriotive-than-that fromaa-which the nonconforming-billboard-was-removed-and-subject-ta subsestlor;s Q; R-tand-S•of-this-section,-provided-ghat-tine-site-cf-ti new-btNboard does-net exceed-the-amount-of-billboard-credits-ill-the-special-gateway-t4board bank: 2 -he-d iro;itisn-of a-aoncenforr;ing-billboard-pdrsuazt to-this-section-sha:l not-ae-srur-biliboar-d credit-with n-the-general-billboard-hank-Credits-fara billboard-den;olishsdar constrlrsted-µ ithin-a-spe&al-gateway-sholl-be :racked-w;thln a separate-bard:-account-foe eaoh-epec!el gateway.A-perre,t for-tha4;or;5=..rrastieaof-a- w,billboard pa s+ant-to- s-Gesticn-mast-kataken . I 23 out-witi n-thiity-eix-(363-menths-of-thodcmolitian-of-4he-nerco afermieg a biliboa d : Copy may not be changed more often than once every twenty four(24_)hours, exr,ept etectronic billboards Maximum Size:The maximum size of the advertising area of any new billboard shall not exceed fifteen feet(15')in height and fifty feet(50')in width. QL.Temporary Embellishments: Ter„foraryembeilishnrents-shaf-not-exceed ten-percent-(40%)-of-the adverlis'rng-Sace-of-any-tNAboardr and-shall-not-exceed-f{,e;eet-(5}in-hekint above-the-bi ll beard-et ruetw re: Z.-No-temporary cffbetlishmeat-shall-be-maintained-cna--bA oardioaf tt;aa twelve-(-1-2)months: Temporary Embellishments are prohibited • RM.Height:The highest point of any risw-bifboard;billhoard excktding-temporary elrbe:kshrr:ent_.-shall not be more than: ;.Forty five feet(45')above the existing grade;or the maximum height for a nole sign in the anrilicable zoning district,vihichever is less,unless otherwise mandated by State law or modified accordino to subsection 0.3. 2-lfia-s&eet-within-one hundred-feet-0-001-oft the b;llhoard,measured-from-the street-at-the-pofat-et-which4he•bit board-;s•perper:d,•ot+laf4o-{lie-street--is-on a-Jiffevent-grade-than•-the•new•billboardrt,verity-file fleet-(25')-above-the• pavement-elevation-of-the-street: 3:-f-the-prevls ors ef-subsection-R2-of-this•seotion1-er-its-saecessof subsection;apply-to-more-haft-ere-st,eet,-the- ew-bif!.board•maybe-the. highef of-lhe-ttwo-(2)eights: 1.Minimum Setback Requirements:All freestanding billboards shall be subject to pole sign setback requirements listed for the district in which the billboard is located.In the absence of setback standards for a particular district,freestanding billboards shall maintain a setback of not less than five feet(5')from the front or corner side lot 24 r line. This setback requirement shall be applied to all parts of the billboard, not just the sign support structure. Spacing: 1. Small Signs: Billboards with an advertising face three hundred (300) square feet or less in size shall not be located closer than three hundred (300) linear feet from any other small billboard or eight hundred feet (800') from a large billboard on the same side of the street; 2. Large Signs: Billboards with an advertising face greater than three hundred (300) square feet in size shall not be located closer than eight hundred (800) linear feet from any other billboard, small or large, on the same side of the street. 3. Spacing and height for billboards full' integrated into the architecture of a_ building and not free standing. may be modified by the Planning Commission as a Conditional Building and Site Design Review as outlined: in section 21A.59, as long as such modifications are consistent with State Law 4. Signs may not be located on an interstate hi hwav or limited access highway on the orimarv_system within 500 feet of an interchange, cr intersection at grade, or rest area measured along the interstate hi;hviav or free=.'iav from the sign to the nearest rcint of the beginning cr ending of pavement widening at the exit from or entrance to the main traveled vq1,/ P Lighting: Nighttime illumination of billboards may not glare directly onto the roadway or sidewalk or across property lines. Billboards located within Residential, Mixed- Use. ON or CB zoning districts may not be illuminated or lit between the hours of midnight and Gam. Billboards located in an Airport Influence Overlay zone are, subject to A.irf:ort restrictions regarding lightina, 0 Electronic Billboards: Electronic Billboards are subject to the criteria for electronic signs outlined in 21A.45.070. X R. Conversion of existir g billboards to electronic billboards: Conversion of a billboard to an electronic billboard is prohibited except under the following conditions: 25 f _ 1. CG and FA zoning Districts: Billboards located within the General Commercial or FAanufacturina zoning districts may be converted to electronic billboards as lona as they are not located within 600 feet of any Gateway street nor located within the Granary District Exclusion area,jrovided that an amount of billboard square footage equivalent to the size of the billboard being converted is removed elsewhere in the City and provided it meets all other recuirements of this chanter. 2_ Freeways: Billboards on Freeways may he converted to electronic provided that they are located in a CG General Commercial or Manufacturing zonina district and not located within the Granary District Exclusion area. and an equivalent amount of square footage_ is being removed from a City Entry Street, Boulevard Street, residential zoning district, Neighborhood Commercial CN zonina district or Business Commercial CB zoning district and provided it meets all other reauirementsof this chanter. 3. Billboards may also be converted in connection with a relocation of the billboard as follows: a. Downtown and Gateway Districts: Billboards located within the Downtown or Gateway zonina districts may be relocated within the same zonina district, subject to all spacing and heicht regulations,and converted to electronic as Iona as an equivalent number of square footage is removed elsewhere in the City from any Gateway Street, residential zonina district or Neiahborhood Commercial CN zonina district or Business Commercial CB zoning district and provided it meets all other recuirements of this chanter and the electronic billboard is not freestanding but is fully integrated into the architecture of a building and provided it meets all other recuirements of this chapter. b. Special Gateway Street: Billboards located on Special Gateway Streets may be relocated within the same special oatew.vay and converted to • electronic as long as an equivalent number of sauare footace is removed from any Gateway Street. residential zonindistrict. Neiohhorhood Commercial CN zoning district or Business Commercial CB ?oninq district and provided it meets all other requirements of this chapter and the electronic billboard is net freestanding but is fully integrated into the architecture of a building and aroyided it meets all other requirements of this chapter. G. R Residential. CN and CB zontitg districts and Gateway Streets: Billboards located in a residential or CN Neighborhood Commercial or CB Business Commercial zoning district or any Gateway street may be relocated to a CG or M zonina district accordina to subsection D.1 and (!) 26 may be converted to electronic on a one square foot per one square foot basis,provided it meets all other requirements of this chapter. Strict prohibition of conversion to electronic: 1. Conversion of any billboard non-conformino to state or the Utah-Federal Acreement spacing is specifically prohibited. 2. Conversion in any residential or Neighborhood Commercial CN or Business Commercial CB zoning district is specifically prohibited. 3. Conversion of any billboard located on a City Entry street or a Boulevard street is specifically prohibited. Landscaping In Residential And Commercial CN And CB Zoning Districts: Properties in any residential zone and commercial CN or CB zones on which a billboard is the only structure shall be landscaped as required by sections 21A.26.020 and 21A.26.030 and chapter 21A.48 of this title,or its successor chapter.No portion of such property shall be hard or gravel surfaced. VT.Landscaping In Other Zoning Districts: Property in all districts other than as specified in subsection U of this section,or its successor subsection,upon which a billboard is the only structure,shall be landscaped from the front of the property to the deepest interior point of the billboard for fifty(50)linear feet along the street frontage distributed,to the maximum extent possible,evenly on each side of the billboard. >NIJ.Xeriscape Alternative: If all the properties adjacent to and across any street from the property for which billboard landscaping is required pursuant to subsection V of this section,or its successor subsection,are not developed or,if a water line for irrigation does not exist on the property or in the street right of way adjacent to such property,the zoning administrator may authorize Xeriscaping as an alternative for the required landscaping. Existing Billboard Landscaping:Existing billboards shall comply with the landscaping provisions of this section on or before January 1, 1996. 27 MEMORANDUM DATE: December 8,2011 SUBJECT: Resolution—Housing Trust Fund Loan of $265,000—Conversion of retail space at Citifront Apartments into apartments(600 West North Temple) STAFF REPORT BY: Nick Tarbet AFFECTED COUNCIL DISTRICTS: District Three POTENTIAL MOTIONS: 1. I move that the Council refer action to a future Council meeting. 2. I move that the Council adopt a resolution authorizing the City to enter into a loan agreement with City Front Partners,LLC,to provide City Front with a$265,000 loan from the Salt Lake City Housing Trust Fund to be used to convert existing retail space into six apartment units at the Citifront Apartment Project at 600 West North Temple,Salt Lake City,Utah. 3. I move that the Council not adopt a resolution authorizing the City to enter into a loan agreement with City Front Partners,LLC,to provide City Front with a$265,000 loan from the Salt Lake City Housing Trust Fund to be used to convert existing retail space into six apartment units at the Citifront Apartment Project at 600 West North Temple,Salt Lake City,Utah. NEW INFORMATION/WORK SESSION SUMMARY: During the December 6 work session briefing the Council asked staff to research how many ADA units were available in the Citifront apartment complex,and how many of these units were being rented by individuals with a disability. As of deadline to have information finalized for the Council packets,answers to these questions were not yet available. Staff will have them ready for the briefing on December 13.2011. The following information was provided previously for the Council Work Session on December 6.2011. It is provided again for background purposes. Background City Front Partners,LLC(which operates Citifront Apartments)is requesting a Housing Trust Fund Loan for a$265,000 loan at 2%interest for 15 years,to convert approximately 3,500 sq ft of existing retail space at the Citifront Apartments into six(6)apartment units. The units will range in size from 518 to 769 sq ft. The space is located on the ground level of the west side of the Citifront Apartment community. 1 • City Front Partners has found it difficult to rent the retail space at this location, (600 West North Temple) and it has created a cash flow problem. • The six (6) units would be rented at 80% of median income. • By converting the retail space into apartments, the total unit count will be 161. o 9 units at 50%AMI o 87 Units at 60%AMI o 6 Units at 80%AMI o 59 Units at Market Rate • The Housing Trust Fund Advisory Board voted unanimously to recommend approval of this loan request with the following stipulation: o The entire loan amount of$265,000 will be tied to a cross default clause in the contract stating that should City Front Partners LLC default on any one of their current city note obligations, that all notes will be considered in default • Mayor Becker reviewed this issue and recommended approval of the loan as approved by the Housing Trust Fund Advisory Board. • The Council may wish to clarify whether there are land use policy issues that should be discussed in relation to this request pertaining to mixed-use at this location. o Citifront will still maintain 9,500 sq ft of retail space. o The grocery mart will stay in place. • COUNCIL PROCESS: o December 6, 2011 Work Session Briefing o December 13, 2011 Potential Council Action 2 \OE:,S CI) Discussion Draft Proposal which eliminates billboard bank, defines electronic on- premise signs and billboards and defines where billboards may be converted to electronic billboards. 21 A.46.020: DEFINITIONS: A.Word Usage And Interpretation: 1. In this chapter, the words,terms, phrases and their derivatives shall have the meanings as stated and defined in this chapter. 2. Words not defined in this chapter but defined in chapter 21A.62 of this title, or in the building code as adopted by the city in title 18 of this code, shall have those definitions. B. Defined Terms: For the purposes of this chapter, sign types and related terms shall be defined as follows: A-FRAME SIGN: A temporary and/or portable sign constructed with two (2) sides attached at the Amok top allowing the sign to stand in an upright position. ALTERATION, SIGN: "Sign alteration" means a change or rearrangement of the parts or design of a sign, whether by extending on a side, by increasing in area or height, or the moving from one location or position to another, or adding or deleting words from the copy, or changing the size of the letters or figures comprising the copy. Alterations shall not be interpreted to include changing the text or copy on outdoor advertising signs, theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy. ANIMATED SIGN: A sign, excluding an electronic changeable copy sign, which involves motion or rotation of any part by mechanical or artificial means or which displays flashing or intermittent lights. AWNING: A structure constructed of fabric or metal placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings, with supports extending back to the building, supported entirely by the building. The maximum vertical drape of the front valance is limited to one foot(1'). AWNING SIGN: A sign that is painted on or otherwise made part of the awning material. (See figure 21 A.46.020 at the end of this section.) Signage is limited to the vertical portions of the awning; the sides and the front valance. No signage shall protrude beyond the vertical face. BACKLIT AWNING SIGN: A sign made of translucent material with illumination from behind. A backlit awning is considered a form of flat sign and is subject to the regulations thereof. BALLOON: A temporary sign comprised of an inflated nonporous object filled with air or other 1 gas affixed to a building or lot for the purpose of attracting attention. BANNER, PUBLIC EVENT: "Public event banner" means a banner pertaining to festivals or events, as permitted in title 3,chapter 3.50 of this code, which is installed as a temporary sign. BANNER, SECURED: "Secured banner" means a temporary sign intended to be hung on a frame, secured at the top and the bottom on all corners, applied to plastic or fabric of any kind, excluding official flags and emblems of political organizations. BANNER, UNSECURED: "Unsecured banner" means a temporary sign on plastic or fabric of any kind which is not secured in the manner described in the definition of a "secured banner".BENCH SIGN: A sign located on the back of a bench. BILLBOARD (OUTDOOR ADVERTISING SIGN): A form of an off premises sign. A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property where the sign is located. (See figure 21 A.46.020 at the end of this section.) BUILDING FACE: Any single side of a building. Signs regulated by building face can be located on a maximum of four(4) faces of a building. BUILDING OR HOUSE NUMBERS SIGN: A flat sign which identifies the address of the property. BUILDING PLAQUE SIGN: A plaque designating names of buildings, occupants and/or date of erection and other items such as architect, contractor, or others involved in the building's creation, cut into or attached to a building surface and measuring no more than four(4) square feet in area, with a maximum six inch (6") projection from the building. BUILDING SECURITY SIGN: A sign indicating the existence of an electronic or staffed security system on the site or warning against trespass on the site. BUILDING SIGN: Any sign attached to a building and which is not supported by, or attached to, the ground. Examples of building signs include: awning sign; backlit awning sign; building or house numbers sign; building plaque sign; flat sign; marquee sign; nameplate sign; projecting building sign; roof sign; wall sign; window sign. CANOPY: A structure constructed of fabric or other material placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings, with supports extending to the ground as well as attached to the building. CANOPY, DRIVE-THROUGH: "Drive-through canopy" means a freestanding roof structure over drive-through facilities such as a gasoline pump island. CANOPY, DRIVE-THROUGH, SIGN: "Drive-through canopy sign" means a flat sign that is painted or attached to a drive-through canopy which does not extend above or below the canopy facade. CANOPY SIGN: A sign that is painted or otherwise made part of the canopy materia'.. Signage is limited to the vertical portions of the canopy; the sides and the front valance. No signage shall protrude beyond the vertical face. CLEARANCE (Of A Sign): The smallest vertical distance between the grade beneath the sign and the bottom of the sign, including framework and embellishments, extending over that grade. CONSTRUCTION SIGN: A temporary sign identifying the contractor, architect, designer or other affiliated organization responsible for the construction of a new project. DEVELOPMENT ENTRY SIGN: A permanent sign used to identify the main entrance of a development of at least ten (10) acres containing multiple lots and/or multiple(principal) buildings. DIRECTIONAL OR INFORMATIONAL SIGN (PRIVATE): An on premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "entrance", "exit", "parking", "one-way" or similar directional instruction, and which may include the identification of the building or use, but may not include any advertising message. DIRECTORY SIGN: A sign on which the names and locations of occupants or the use of a building or property are identified, but which does not include any advertising message. DVJ-L-L-T44E—T-he-leRat f-br at-E4anse -b twee e-xt,-ic aes;-oe araphies-on a r 4.41G-tro e-gk n g4.E�T 4:- +Ai EA;"tl L;F': ivi : ' 'freOfttai ri te-b14;44rat€41- e .''ga Such av a�3et�l Gt-} i«.;-tHiiL37{1:fiif {i:,'2arieddat2,or-A-rocu:,sage-c-en4.zr-t-4 346-r- 9t47Wlhered+f€:rcrtcopy 'hlflge e€a-4ubli:sorviGr cc rnmereial 3 t re s 4owfi os4e-5acne-larn bafiii-ef-ry sage-€ai4iW.The taci 44c-i.-tran -rh4ogca coP}s:arl" a!!nat4%4, €idie4 as a tyt f animann „.r, e Amos rr�f layer.i i 4,4-r le—w in-t# ae-():e 6-04-ofink+sa-+34, .;ie-i-c�r ;rartis:a ? ef :kit- re- at� e'?447440444'.1744i143 =` ifiotl-4fl--:H 21-A-44 44c ELECTRONIC SIGN: An:' sinn. video disnlrv. 1}roi�ct,ed in-.i=irn. or simil_1r devices with t'rl. I1rr '; -, G.an ir S CE cr�`?G by solid ctatn 2!,r;rrri, rnr rn ertC. E1-7CfrOsir signs include. but F:re not I!rnit,=Ci to. sicinF.; that emittina diOCl s (LED). of Crn't r is �'�:'Js. ill' Dotic8. Cr cth•=r t4,chncloov tn%it results in I!rinhi. IL`ll'I rrcohit:J'I l:t Ill _ and nrau" ics. EXTERNALLY ILLUMINATED SIGN:A sign made legible in the absence of daylight by devices external to the sign which reflect or project light upon it. FLAG,CORPORATE: "Corporate flag" means a flag identifying the name and/or logo of the business or corporation on the premises where the flag is displayed. FLAG,OFFICIAL: "Official flag" means a flag of a government or governmental agency. FLAT SIGN:A sign erected parallel to and attached to the outside wall of a building and extending not more than twenty four inches(24")from such wall,with messages or copy on the face only.(See figure ?1A..4'.02.0 at the end of this section.) FREESTANDING SIGN:A sign supported by one or more upright poles or braces placed in or upon the 3 ground surface and not attached to any building. Examples of freestanding signs are a monument sign and a pole sign. FOOT CANDLE: int of rn= i(7'.r�rl1':nt for iliuminenc . ',`,h'ch is OQUE I to onooI_:rn n. incid=n uccn =.�i :r,�: 1 of ono !:',on iro foot. GARAGE/YARD SALE SIGN:A temporary sign on residential property and used to identify a garage or yard sale on the premises. GAS PRICE SIGN:An on premises sign advertising the price of gasoline other than the information attached to the gasoline pump. GAS PUMP SIGN: Price,gallons,octane and other customary information relating to gasoline sales appearing on a gasoline pump. GOVERNMENT SIGN:Any temporary or permanent sign erected and maintained for any official governmental purpose. HEIGHT(Of A Sign):The largest vertical distance between the highest point of the sign and the grade of the land beneath the sign.When the land slopes down from the street and the sign is located at the setback line,the height is measured from the adjacent street(top of curb). HEIGHT,SIGN FACE:"Sign face height" means the maximum vertical distance between the top and the bottom of a sign face. HISTORICAL MARKER:A type of memorial sign limited in content to the identification of an historical building or structure or the site of an historical event. ILLEGAL SIGN:Any sign erected after the effective date hereof which does not comply with the provisions of these sign regulations,or a sign that was illegal prior to the adoption of said ordinance,that has not been subsequently legalized. IL.LW!!t'i ANC E: The photometric quantity most closely associated v.ith the Perception of brightness. T i _i't a;',, C'r I;��!�` =I 'rl` (-i from INTERIOR SIGN:A sign located within the building oriented to the interior space of the building. INTERNALLY ILLUMINATED SIGN:A sign which has characters, letters,figures,designs or outlines internally illuminated by electric lights, luminous tubes or other means as a part of the sign proper. KIOSK:A structure which is used for the posting of temporary signs. LETTER SIGN:A type of flat sign consisting of letters placed directly on the building face. 4 LOGO:A business trademark or symbol. of-brightness---Lu manse-is-r e. 3rerl--in-sand iao-pe auar-e-n-te.r,-GrJ pits" far flufo-3sas-Of-th4 -OrcliRaW3e-: MARQUEE:A permanent roofed structure which extends outward from the face of the building and is designed to meet all provisions of the current Salt Lake City adopted building code and other specifications as outlined in this chapter.Where specifications as outlined in this chapter are different from the provisions of the Salt Lake City adopted building code,the more restrictive shall apply. MARQUEE SIGN:A sign attached to a marquee.(See figure 21A,;5 020 at the end of this section.) MEMORIAL SIGN:A sign acknowledging a person, place,event or structure. MONUMENT SIGN:A freestanding sign whose sign face extends to the ground or to a base.(See figure 21A.45.020 at the end of this section.) MOTIOPT--The-degiotion-af-rnovenient-or-chanae-of. sit► n e-> -i+ aa2s, or lraohies,--Matio -sha4-inslur 3- +t-inet4x4in iteEf-teHiisual effeGtc suc# s-dissolyinEl 2n..44adina-tent-and-iffi oos.Tunriinc seeue•ntia -te4;-C,1fr'%Phie-14ur E. tiOkitina that resembles--zoemin4r-tw+ektine;-or xpaf-ktino,oharl«Ias in4ie +t-Gcselor-transitog facts o-tioht-lilten it rfllevino-oatter-ns-or-t3t nds-of-light-etflar ;irio or-contrasti-no shaPesl-a-nd-shin-lar-ae-to - NAMEPLATE SIGN:A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises, or indicating a home occupation legally existing on the premises. NEIGHBORHOOD IDENTIFICATION SIGN:A sign located in the public right of way which identifies the name of a particular neighborhood. NEON PUBLIC PARKING SIGN:A standardized parking identification/entry sign as shown in figure 2l:-.4r.OZQ of this section that is approved under contract with the Salt Lake City transportation division. The sign may be attached to a building as a projecting sign or stand alone as a freestanding sign. NEW DEVELOPMENT SIGN:A temporary sign used to identify a new development being constructed. NITS-A-unit--�3f-r1=�E?aS:_irt�,-of-brkihtress-of-tturtinance—One-nThi;:opua�to-one F1^_� rrt^J,--(lilctl*a<i-1/44t!Fe=-4"Pet,".3i-7 ---_.�-_.. �.__�_ -- ----------- ---_� NONCONFORMING SIGN:Any sign or structure or portion thereof which was lawfully erected in compliance with applicable regulations of the city and maintained prior to April 12, 1995, and which fails to conform to the sign regulations of this chapter and all other applicable standards and restrictions of 5 this title. OFF PREMISES SIGN:A sign which directs attention to a business, commodity,service, entertainment or attraction sold or offered at a location other than the premises on which the sign is erected. ON PREMISES SIGN:A sign which directs attention to a business, commodity,service, entertainment or attraction sold or offered on the premises on which the sign is erected. OPEN AIR MALL:A building or buildings that are designed to function like a traditional shopping mall, but do not have a ceiling or roof. OUTDOOR ADVERTISING SIGN:See definition of"Billboard (Outdoor Advertising Sign)". PARK BANNER SIGN: A banner hung from either an existing light pole standard or on a pole erected specifically for the purpose of accommodating a banner.A park banner sign includes verbiage and/or design that relates to either a permanent venue within a park or provides a means of identifying the specific park itself. A"park banner sign" does not include any banner that contains verbiage or symbols that relate to or otherwise identify a temporary event. POLE SIGN:A freestanding sign other than a monument sign, erected and maintained on a mast(s) or pole(s) and not attached to any building. (See figure 21A.46.020 at the end of this section.) POLITICAL SIGN:A temporary sign advertising a candidate or candidates for public elective office or soliciting votes in support of or against any proposition or issue at any general, primary,special, school or any other election decided by ballot or a temporary sign expressing political opinion. PORTABLE SIGN: A temporary sign not permanently anchored or secured to either a building or the ground, but usually anchored or secured to a trailer,vehicle(where the primary purpose of the vehicle is to advertise) or frame capable of being moved from place to place. PREMISES:A lot with its appurtenances and buildings that functions as a unit. PROJECTING BUILDING SIGN:A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. PROJECTING BUSINESS STOREFRONT SIGN:A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. Said signs shall contain only the name of the business and/or associated corporate logo. PROJECTING PARKING ENTRY SIGN:A sign attached to a building or other structure whose sign face is displayed perpendicular or at an angle to the building wall. Said signs shall contain only the words or symbol signifying the entry to a parking lot or structure. PUBLIC SAFETY SIGN:A sign designed to warn people of potentially dangerous or hazardous situations. Forms of public safety signs include:traffic safety signs,electrical hazard warnings, geologic hazard markers,etc. REAL ESTATE SIGN: A temporary sign related to the property upon which it is located and offering such property for sale or lease. 6 ROOF SIGN:A sign erected on the roof of a building and constructed so as to appear as an extension of the building facade. (See figure 21A.46.020 at the end of this section.) SHOPPING CENTER IDENTIFICATION SIGN:A pole, monument or flat sign used to identify a shopping center development consisting of two(2)or more stores.A shopping center identification sign may include electronic or other changeable copy. SIGN:An object,device or structure,or part thereof,situated outdoors or indoors which is used to advertise, identify, display,direct or attract attention to an object, person, institution,organization, business, product,service,event or location by any means, including words,letters,figures, designs, symbols, fixtures, colors, illumination or projected images.The term "sign"shall include the sign structure,supports, lighting system and any attachments,ornaments or other features used to attract attention.The term"sign"does not include the flag or emblem of any nation,organization of nations, state,county, city; or works of art which in no way identify a product or business logo. SIGN FACE:That part of the sign that is or can be used to identify,to advertise,to communicate information, or for visual representation which attracts the attention of the public for any purpose.The term "sign face"includes any background or surrounding material, panel,trim or ornamentation, color and direct or self-illumination that differentiates the sign from the building,structure, backdrop surface or object upon or against which it is placed.The term"sign face" does not include any portion of the support structure for the sign; provided,that no message,symbol or any of the previously described elements of a sign face is placed on or designed as part of the support structure.See subsection 21A,46.070W of this chapter. SIGN FACE AREA:The surface of the sign face. (See figure 21A.46,020 at the end of this section.) S SIGN GRAPHICS:Any lettering, numerals,figures,designs,symbols or other drawings or images used to create a sign. SIGN MAINTENANCE:The maintenance of a sign in a safe, presentable and good condition including the replacement of defective parts, repainting,cleaning, and other acts required for the maintenance of the sign. SIGN MASTER PLAN AGREEMENT: An agreement outlining sign criteria to be used on private property but not oriented to a public street.The criteria should include, but is not limited to,the discussion of types, sizes and materials of construction of signs. SIGN STRUCTURE OR SUPPORT:Any structure that supports or is capable of supporting a sign, including decorative cover. SNIPE SIGN: A sign for which a permit has not been obtained which is attached to a public utility pole, service pole,supports for another sign or fences,trees, etc. SPECIAL EVENT SIGN:A temporary sign accessory to a use that identifies special events or activities. A special event sign shall not include real estate signs,garage/yard sale signs or other types of accessory signs. STADIUM:A confined but open air facility designed to accommodate athletic events or other large gatherings. j I 7 h^psi+U.taz-.��ar:-¢e!R'.ns.L-Lxss.-.WFS.uaJ�otr_e..:.M1"'uY>a!:r_-^r.,:i MIrG-.-:a:N.'=.�+ccs�.-t.'A.'F_.:.T�'.s` ev"r:+T+-F-i....u.>rM+.'az.;.u.-+xVsefi. 'aie+.�Ifi.z+-fnr :MF1i.YaYxvwauFW.a'a1v�Laat`El��V:.�:if4'tYA":Yh'+&4:ue'i�..A!' c-•ihniW.Iy�$h}� STOREFRONT:A face of a building fronting on a street or having public pedestrian access. TEMPORARY SIGN:Any exterior sign,banner, pennant,valance or advertising display constructed of paper,cloth,canvas, light fabric,cardboard,wallboard or other light materials,with or without light frames,intended to be displayed for a short period of time. Examples of temporary signs include:an A- frame sign; balloon;secured banner;unsecured banner;public event banner;garage/yard sale sign; political sign;real estate sign;special event sign. WIRL TIMChe-tin;e-it takes for-stag-to-xt-ic apes.,-and-car-ao1iio On a rGnic sio trtel:ianoa-ta-a-:if-f ent_text. or-Oraohi -s-ubameiit-siom-Ease- VEHICULAR SIGN:A sign on a vehicle which is visible from the public right of way where the primary purpose of the vehicle is not to advertise a product or to direct people to a business. VENDING MACHINE SIGN: Any sign fastened to or painted to a vending machine which directly relates to the product contained in the machine. VISIBLE: Capable of being seen, whether or not any item of information is legible,without visual aid, by a person of normal visual acuity. WALL SIGN: A sign that is painted on a building wall containing the name of the business and/or its logo. WINDOW SIGN: A sign inside of or attached to the interior of a transparent glazed surface (window or door) oriented to the outside of the building. A display window that does not include signs shall not be considered a sign. 21 A►.46.060: SIGNS SPECIFICALLY PROHIBITED IN ALL ZONING DISTRICTS: The following exterior signs, in addition to all other signs not expressly permitted by this chapter, are prohibited in all zoning districts and shall not be erected: A. Animated signs excluding public service signs; B. Any snipe sign; C. Balloons; D. Bench signs; 8 '44) E. Portable signs, except where specifically permitted by district sign regulations; F. Signs overhanging the property line other than signs that are permitted under the sign regulations applicable to each zoning district; G. Signs which are structurally unsafe, hazardous or violate the uniform building code or the uniform fire code; H. Signs located near streets which imitate or are easily confused with official traffic signs and use words such as "stop", "look", "danger", "go slow", "caution" or "warning", except where such words are part of the name of a business or are accessory to parking lots; and I. Painted signs which do not meet the definition of wall signs. (Ord. 53-00 § 3, 2000: Ord. 88-95 § 1 (Exh. A), 1995) 21A.46.070: GENERAL STANDARDS: A. Construction Standards: '9") 1. Applicable Regulations:All signs erected in the city after April 12, 1995, shall comply with the current standards of the national electrical code, and adopted building code, all provisions of this chapter and any other applicable provisions of this title or other applicable regulations. 2. Engineering Required: All sign permit applications for freestanding signs shall be engineered to conform with the applicable provisions of the adopted building code and, where required by the building official, shall be accompanied by an engineering drawing stamped and signed by a structural engineer licensed by the state attesting to the adequacy of the proposed construction of the sign and its supports. B. Ownership Shown On Signs:The name of the sign owner and sign erector of all signs shall be in plain and public view. Signs not carrying such an imprint will be presumed to be owned by the owner of the property on which the sign is located. C. Clearance Between Sign And Ground: A minimum clearance of ten feet (10') shall be provided between the ground and the bottom of any pole, projecting sign or flag. 47.) D. Signs Not To Constitute A Traffic Hazard: No sign shall be erected along any streets in such a manner as to obstruct free and clear vision; or at any location where by reason of its position, shape, color or words, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device or block visibility for driveway ingress or egress. (See also subsection 21 A.46.060B of this chapter.) E. Repair Of Building Facades: A building facade damaged as the result of the removal, repair, replacement or installation of any signs shall be repaired by the property owner within thirty(30) calendar days from the date of the damage. F. Maintenance Of Signs: Every sign shall be kept in good maintenance and repair. The ground space within a radius of ten feet(10')from the base of any freestanding sign shall be kept free and clear of all weeds, rubbish and flammable material.The building official shall inspect and enforce this section pursuant to the provisions of section 2 1 A.q.150 of this chapter. G. Sign Removal: Signs identifying a discontinued use on the property shall be removed from the property within thirty(30) calendar days of the time the use was discontinued. H. Moving To New Location: No sign erected before April 12, 1995, shall be moved or enlarged or replaced unless it be made to comply with provisions of this chapter. I. Lights And Lighted Signs: No spotlight, floodlight or lighted sign shall be installed in any way which will permit the rays of such sign's light to penetrate beyond the property on which such light or lighted sign is located in such a manner as to constitute a nuisance. Signs alleged to be a nuisance, by reason of light, by the neighboring property owners or tenants shall be subject to the zoning administrator's review to consider the validity of the nuisance complaint. If the sign is determined to be a nuisance, by reason of light, by the zoning administrator,the owner of the sign shall be required by the zoning administrator to take the appropriate corrective action. J. Height And Elevation Of Building Signs: The height and elevation of building signs shall conform with the following provisions: 1. Awning Signs: Awning signs shall not be located above the second floor level of the building. 2. Flat Signs: Flat signs may extend a maximum of two feet (2') above the roofline or parapet wall of the building on which they are located. 10 3. Marquee And Canopy Signs: Marquee and canopy signs shall not be located above the main entry level of the premises. 4. Nameplates: Nameplates shall not be located above the first floor level of the building. 5. Projecting Building Signs: A projecting building sign shall not exceed the top of the vertical building wall on which it is located. 6. Projecting Business Storefront Signs: A projecting business storefront sign shall be located at the main pedestrian entry level of the building. 7. Projecting Parking Entry Signs: A projecting parking entry sign shall be located at the parking entry level of the building. 8. Roof Signs: The height of the sign face of roof signs shall not exceed twenty percent(20%) of the height of the building or ten feet(10'), whichever is less. 9.Wall Signs:Wall signs may extend to the top of the vertical building wall. 10. Window Signs: In the RB, RO, R-MU, CN and CB districts only, window signs shall not be located above the first floor. In other districts where window signs are allowed, they may be located on all floors. 11. Outdoor Television Monitor: Shall not be located above the second floor of the building. ormtiot K. Signs On Public Property: Except for portable signs authorized pursuant to section 21A.46.055 of this chapter, no sign shall be located on publicly owned land or inside street rights of way, except signs erected by permission of an authorized public agency. L. Extension Of Building Signs: The following building signs shall be allowed to extend beyond the face of buildings or structures in conformance with the following provisions: 1. Flat Signs: A flat sign, with no copy visible from the sides, may extend a maximum of two feet (2') from the face of the building, even when the extension extends over the public right of way, subject to the city's right of way encroachment policy. 2. Projecting Building Signs: Projecting building signs may extend a maximum of six feet (6') from the face of the building but shall not extend over a public right of way, except in the D-1 and D- 4 zones as allowed in section 21A.4 6.1 10 of this chapter. 3. Awning/Canopy And Marquee Signs: As authorized in other sections of this chapter. M. Roof Signs: Roof signs shall conform to the following standards: 11 1, The height of the sign face of roof signs shall not exceed twenty percent(20%) of the height of the building or ten feet(10'), whichever is less; 2. No guywires, braces or secondary supports visible from the ground shall be used; 3. Roof signs shall be designed to appear as extensions of the exterior building wall as shown in figure 21 A,46.020 of this chapter or be located on the elevator/mechanical penthouse or, on buildings taller than one hundred feet(100'), may be located on blank walls at the highest inhabitable level; and 4. Roof signs shall not exceed the maximum permitted height for the zoning district in which it is located. N. Marquees: Marquees designed to project over public property shall: 1. Frontage Requirement: Extend across a major portion of the building entrance. 2. Height Limitation: Be located on the main entry level of the premises. 3. Thickness: Have a vertical face height or cross section dimension not exceeding three feet(3'). 4. Clearance: Have a clearance of at least ten feet(10') above the sidewalk. 5. Projection: Extend a maximum of twelve feet(12') from the face of the building but must not project closer than two feet(2')to the back of the curb. 6. Location: Be so located as not to interfere with the operation of any exterior standpipe or to obstruct the clear passage of stairways or exits from the building. 7. Shelter: In order to provide pedestrian shelter, a marquee shall have its first six feet (6') of projection form a rectangle with the sides ninety degrees (90°) to the building face and the plane at least six feet (6') from the building parallel with the front property line. The remaining { projection of the marquee can assume a configuration compatible with the architecture of the building. 0. Marquee Signs: Signs attached to an approved marquee, as specified in subsection N of this section, may extend over public property a maximum of twelve inches (12") from the face of the marquee. Copy is allowed on the sides of the marquee. Signs placed within or below the ceiling of a marquee shall not extend beyond the marquee face and shall be placed within the vertical plane of the marquee.Within a commercial or downtown district, a permanent sign or letters may be attached to the top of,or fascia of, or within or below the ceiling of an approved marquee, subject to the following standards: 1. Vertical Dimension: Overall vertical dimensions of the combined sign and marquee shall not exceed five feet (5'). 12 2. Height Of Sign: The height of the sign or letters shall not exceed two feet (2'). 3. No Side Copy: Signs attached to marquees shall have no copy on the side portion of the sign. 4. Clearance: Signs attached to marquees shall maintain the minimum ten foot(10') clearance required for the marquee. P. New Development Sign: New development signs shall be permitted during construction through initial occupancy of ninety five percent(95%) of floor space for a nonresidential development and through ninety five percent(95%) initial unit occupancy for a residential development. New development signs shall be removed upon two(2)years of use, regardless of the level of occupancy. See sections 21 A.46.060, 21A.46.090,21A.46.100, 21 A.46.11 O and 21 A.4 .120 of this chapter for zoning district limitations on size, height and location of new development signs. Q. Temporary Signs: Temporary signs shall comply with the following standards: 1. Required Setback: All temporary signs shall be set back five feet(5') from all property lines, except where displayed as building signs on buildings set back less than five feet(5') or where the sign setback is otherwise specified in this title. 2. Display Period And Removal: Temporary signs shall be permitted in accordance with the standards set forth below for display period and removal, unless specified otherwise in this 7.1) title: Removal Required Sign Type' ! Display Period 3 Days After Construction impact area Per city guidelines2 • Per city guidelines2 mitigation sign Construction sign Duration of construction ! Completion Garage/yard sale sign 2 sales per year (7 days End of sale maximum per sale) Political sign _w ~ No limit I Election/voting day I � ; l i ; Public event banner (on l Per city guidelines i Per city guidelines public property) � 13 Real estate sign ; Duration of listing Closing/lease commencement date Special event ' Duration of event rEnd of event Vacancy sign Duration of vacancy ; Date of lease or of purchase and sale contract • 1 Notes: 1.See sections 21A.46.080, 21 A.46.090, 21 A.46.100, 21 A.46.110 and 21 A.46.120 of this chapter for zoning district limitations on the size, height and location of temporary signs. 2.See section 21A.46.180, "Construction Impact Area Mitigation Signs", of this chapter. R. Flags Of Fraternal, Religious Or Civic Organizations: Flags of fraternal, religious and civic organizations are permitted as on premises signs, but shall not exceed thirty (30) square feet in area. S. Official Flags: Official flags shall not project over a property line, except within the D-1 and D-4 zoning districts, where official flags are allowed to project up to eight feet (8') across the property line, but not within two feet(2') of the curb line. The pole support must be attached directly to the building and located so that all portions of the flag clear the pedestrian level of the building. Flags shall not interfere with street trees, light poles, utility lines, etc., and shall maintain a ten foot (10') clearance from the sidewalk. j I Y T. Freeway Height Exception: The height of on premises pole signs located on properties adjacent to 1-15, 1-80, 1-215 and the 2100 South Expressway (State Route 201) may be increased to a height of twenty five feet (25') above the pavement grade of the adjacent freeway if the sign is freeway oriented and located within three hundred feet(300') of the freeway. it U. Freeway Frontage: Freeways shall be considered street frontage for signage purposes. Pole and monument signs approved on freeway frontage shall be limited to seventy five percent (75°%)) of the maximum size allowed for the zone. Reduced size pole and monument signs shall be interchangeable with other pole and monument signs on the same site. I 14 V. Historic District Signs: The board of adjustment may authorize, as a special exception, modification to an existing sign or the size or placement of a new sign in a historic district or on a landmark site if the applicant can demonstrate that the location, size and/or design of the proposed sign is compatible with the design period or theme of the historic structure or district and/or will cause less physical damage to the historically significant structure. W. Sign Area Determination: Sign face area square footage shall be determined as follows: 1. Flat Signs(Excluding Letter Signs And Backlit Awnings) And Wall Signs: The entire surface of the sign face shall be measured. 2. Backlit Awnings And Letter Signs:A polygon, not to exceed eight(8)sides, shall be drawn around the copy area to enclose as nearly as possible the space covered by the copy. 3. All Signs: Words, symbols,letters, images, logos and all other designs that are intended to convey a message shall be included in calculating the sign face area. Colors,stripes and other designs that are not intended to convey a message shall not be included. (Ord. 62-09§2, 2009: Ord. 77-08, § 1,2008: Ord. 5,05§4, 2005: Ord. 13-04§23,2004: Ord. 78-03 §4, 2003: Ord. 62-03 § 1, 2003: Ord. 61-00§§ 3_6,2000: Ord. 53-00§4, 2000: Ord. 88-95§ 1 (Exh. A), 1995) Signs: i_;lron ; signs shall crinfo-m to the follo'.;ire standv 'd.s! �ttc7ti()ri - ANN Anv motion-or-aooearene T;ot•ion•-of-any,'-k+nd•is-prehi --.'gin et:ctrenie-ei n-faco. -treflie-billboardshati-ha e-2nty-et icAext: imaoesi-and-oree ioo: --Dwell-141e --The-t2x-t7-+f11a0a 3c•EtiSetaV-?f4-af:--6'*3•tr91-144-C-rFl-fnal/--not-ol4aGee-f-are than-efee-every oieht4M coe©ndc. Twirl-tif o- tr ee-n-strbe went-text: Maee✓-vf a towsf atl-r� -sis a l E} �Qn_d r Br hiness Ilkin—i nation of any electronic Elan ;hail not insp.;.—I th c ll ;;it I ri`r.Q I� �• from dus< t� da n more tnthree-tenths-:n (0.3') foot cancic.when m-asured b: a foot candi:- meter, oeroendicula r to the electronic sign face. at a distance defined by the fo!io,.'ina iorr`1'ulc' r',?easurernent Distance (in feed =-e c)uai5 the square row, of. the product of the A-ales: of electronic Ssicn face S.scuarr_ Ffootaa Y :and 100 b. Eletr©nic sions located in art Airport Influence Overlay.zone are subject to Airport restrictions regarding lighting, c. All electronic signs shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sian's brightness and diispL period a provided above. 711) 15 (i!StriOtS dhn rn.t•ixii-num 5;*7.3r1E;7.r2. 11.1(3 1117ryirn!Irri rcron cif tii: Si-x-ti/Seventv five oc, CS CC o in tni:: rind Cv rfstricis Oo hiirrired ercen of r.1 :31nci Cei 2011.111q Foit,--FiftYrrr (;.ffj"; (1,-tir'tti EfeGtfeniG—biireeards---adefihed--in sectie14-24A-46460-ace aliewed-eae-h Ad reci-eerceat-ef-the-s;ea-faee-te-be-eleetfe-ni6-ta those-zonind-digtriets-where--eteetren-ie-billte-ar-dg are i)orrattted a-Prl ay--not-be-i'dua'rinated-or-lit-betaN•SG-A-the-fle!Jr-g-ef a ar4-6- -Peet-,31.44-4-4364de4ltial-,- n; xe-d-t.4se7-c-fetivatowarS-udar-1--i-euse---Susi-ness-District,-ciatev..cly, 1`-,1e-i -ll'ae-r4erad--Ge--mmerciatrGorrrrn-uni-t- Busi-r-icss, or-Gen;rrlua4y Sheoind--Genter-zealh-e-4strict Lialegg-the-businegs-eil-the-site-ig-getualty oeei4--fef,-bness-durind--thege-hours - 4,031i:3,safety and-gto-n-et-eause Efriverg--te-reduee-seeed-or-ea4se-in-erEler-to--e4yoprehend the rhe 6-Eft-14 rries-sa-ees-thal.--reet:14-e---my4-We-easseg-or-m-t-14-101e-siehe-40 043(-11-0f-8 11 eflEi-i 11 6Saf,AG-ara-0401--rbit,--K-1, ge-atr-hac t 16 r.C;'n:l0�ti ----AU-e€ectrarnic-€irea,:-sha€l4;e--eal►ipoed-wit€a-an-ae t3tiG-dimmof c--et}tfle€mar-ot€ter r eehaair.4a1-that-ay?omatia ily-eentrol he-sion'e bdehtaess-ar cl-diso€a riods-prawded-above- Fri;-: to nunrc i-il of an. ., _rmlt 1er-t) r.nerate an sl.�t�'^(i', clan, the a r.:(;;icant shall certify that theproposed electronic sign has-been tested-anel-cometieseha€€-beis capable of complying- the metion-,dwell-ti 4briahlness, and other recuirenlents herein. h. The owner and'er Ct:).,3:tor of an &eotror.L sine shall submit a r'i annual. rec rt to the city ce rtifvina that the sign corn:dies with the motion,dwell-tim-G,-brinhtnssl and other rr-ciiirements herein upon written request. c. -The Ciiv has the haht to `.-_rife C' ri,.:;rs V. l::rari request. Archbit:cr-: All electronic sans installed after , nsi r, r; o �n'c�rr�m t the above sti:ndart.is are prohibited, 21 A.46.160: BILLBOARDS: A. Purpose Statement: This chapter is intended to limit and r er>>uc„ the maximum number of billboards in Salt Lake Ci -- •:...i. --t` " tl ri+_:mb c. This ty-.'I-it:J "t:1 i:i:'{- t•_'l:'.. chapter further provides reasonable processes and methods for the replacement or relocation of existing nonconforming billboards to areas of the city where they will have less negative impact on the goals and policies of the city which promote the enhancement of the city's gateways, views, vistas and related urban design elements of the city's master plans. B. Definitions: BILLBOARD: A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property where the sign is located. £ L._.= _.f.' ., 14't~ I: _-,.-."i .. _ - �.!T'� -. _.:f_-..:-k.. �� �. 'Y•.,.'f t1..'.+1"S•C:'rt` _•.7'-r..., .._ CC.'i:l: (� .1�J'.. :J;::r..'li .« • 17 ill! { r..` .. n ( r^r-r:r--. .i _ .:;1{T _.: --;lif f.f�,'.-:�t C�-I ti- �; y .�j*i-�:•�'TSi:.�-t:- _J'�i.�i{i1....1t` Yi T7;:�`-�,:,aJf,��i� . BILLBOARD OWNER: The owner of a billboard in Salt Lake City. BOLLLE-• ARD-the-fellowiile-s r-or ts-are-desiFtr d-Reetevar-ds--far-billboard reekttat-ion-oucoose s,: -4000-West- —5600-4 est: — ;OO-Seut-h-Str t/Partevs- a-v-ffon44nterstato-1&-te-Feothilt-Bo14leva -----Fo #ill-Df Ve1400-60 -So h-f -;-000-met to tfit ?ate-S9; —►3a eetff.from-Re d load-te-1-009-Ear -1-ex-stud o soe;i:=t-Gateway-?= 300 Weot-from--000- or€. -to-0 uth: Naeth-T-ern6te-#;!orn-State-SStrE et-to-taterstate-€30-(max,ludino-SoeslaGat,:way1 —State.--Street-tier r-North-3 =:ate-te-T 440--Sot{t# Stret-fax=i_ 1 n. - sial-Ga#ewav}:. frof Soutb-T rn to-2 t-OO So4dtt -ftx 's tiro Seek;-Cialcwavl. 200 Most- —600-tsootil-#rorn- 00-VV st-te-7-00-East; ----603•Sowt-13-from- ..04--West4 - tGC s1 �,:,�.�-...oa�t�•+.=�rr��a-#f'or�a-fir, S of dwood-Rt ad-t to castera-terra4 u€,. GIT_Y �;JT `t'r'__Tti^iz31'c;rir` streets are-d-sio:ratted-Git;r-en-tf :s for't�ilt r—e rcc�l4n!4os=�-our�:ser ------ --------_.__ 40G front-t-ntor;,ti?t t -to-3.C1- &F.,t; 18 500-South-from-tnterJtat 5-to-C-30(1-West -inGiudino-the-en-remo '14",) Portions-o(-1-3--5-frefn 8-wes-ke -Test-after the-s ,neotioa-af-travel tancs onto the-main-4 avef -ffoowav —600-South-€rom-fnferstate -5-to-200-West eledine the-off-faint eft+en of-I-lS-be nfliraq-508-#ee-t-be ore-the-seoeratior-of-t-rave-t-Janos-fcecn-the main traveteE-ffcewavi --€80-North-4ren88- Jest-to-30a-West: 000-Seat --I--gib-GWon-r-amG-frem-BrookIvi--Avenue-to-West Tc:ncle . ELECTRONIC CONVERSION: The r.Jrocess of chanolnc a billbo trd face from a st;-7tic co.,./ lace to eleetrofi -tlo#anaeab e-seev an electronic billboard face_ EXISTING BILLBOARD: A.-L>>;•',r J'•-',r =t;--w - ri=:;v:te;;,-. :ai t i d and in-use cunt;t3cti-nn-wE, -iEs:-J-d!-as-Of-J1!itY =?;r . A billboard that does not como!\.v v,ith current ZOnina but was In,vfutly er'^ct ri acd-sefesl+es-with-ail ether-aoaticable local-and state-feaulati4os- ELECTRONIC BILLBOARD FACE: A form of- electronic sicn (as defined in 21A.46.020B) d snlavinr_t advertising. rREE\'/A.Y. The stre-ts r:ro classified as fry; .rays for billboard reaulation 1-)Urno5 ri,,: 1. Interstate 80: 2. Interstate 215: 3. Interstate 15: State Route i01T h= 2100 South `t:Dt,_Sj'.a v: 5, M urlt%'.in Vie. Corridor. J - E_i kidini nll oo4easof-tarn-fro y-of}lsff-rar a&-dsf{ced-as bang-C4t-v-entfv-sheets GATEWI ':The-faltowin.jCataao.rtee-o: ,tre t-s- -#-;i'tmayi-v;ithin alt-L-atce-Gily Fro+ ; ---Citai-Entrv--Spec-iat-Cate*+ av-and-I ouie'verd-streets:: D 19 (4'1 . . . ,...4,•,' (4) .--,:p-- 4 a •.::! •— (1, tti LI; ..:;: it" 4 ,,, •.. 1.. .::.,. 1 _rc -4I En ..... oi, — CP. ,. <1, ,t: •- .- S'-'• .. -",1„ ...S.0 .„, ... 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Main-Street-between-f€00-ge th-and_tai_ Sc llt: TEMPORARY EMBELLISHMENT: An extension of the billboard resulting in increased square footage as part of an artistic design to convey a specific message or advertisement. Utah F -d•erai-A<c eement T-tie-avr-eemeilt-entered-(ato-between th-e-Geve4r r-of-t e Slate-of-Utail-and-t; a—Sccrtary of Tran,portatior}-ei-•t4e-t4nitad States dated Janua;,4-1-3;-4-P68-as-r-ati+e4-a{ -a r-eved-in tire-Utah-c-ote C. t� T{• {i=t: i T•, �i ,t ^.i•j:: ,Y•_ �:fr^:.:-T, :,;,r•:_r ,.. v!ni'+ rf _ Billboards_ _,rc.��7:d_.- _..a:-��^:.. ��C)J-t:'ttii t•'t•.. { �aii 'c.'{-i�f ,l:i;ttii :,:'li_'t:c_.'. �'.... f'rohi!;,.72d: i:_ .. Bill ;n rds. irl,:luriina any in s_n_Iari fcn',.me. or addition; 0` nrohihit�-d in colt l_a'kI D. tl•;ii;,Otio1 of l- `Ijtinn billboards {li•.:V 11•7 (•-i%, •:tL:-i os O1,!n'ht.::d by tlh reduiir2rfents of U«.fh State lay. tY-Gen-istn--wit,`.4-t1--12-Utah•-Fedafal•-Aoreamerrt-, 4") 1 Add:ton2I;v I?Illhonids may b` froll; any zonino district tr trinnu`.ot!lrin❑ aryl CG Gene rel Comm ercial :'011irl ) dl;trlcts.•-witk}-the-restraetios t�1ni-th{e -arse-nt t-orienry{efd xv{artier-er--lo�,c-anted-mow(!'t 3itq-60-0-t c?ki-E.}ala (r�eay-r•�stre�e-t of-a-re-sii,434;-!41-?ec;`(1C7`E��et'r'iet er +teea-telf-in-the-GrC nGi'V-DiStr''C:tat-EX-G-I..����P.1r•i'Area. -----BilIba r-d&-uriav-a-IIIE-1-13 -fete S7'^.tt-er:.F-as-Jtitlir� -i,,q--s-4�.�seotien-R ir-eantkin-GU-494;4 ith-a 69f-tJ�r-�i�rl-t 3-=t=,-E;t?trt-r-C��(j�-�itit��rd DE. Permit Required For Removal Of ; ;_{;,_•.. ; {; ;; : Billboards: 1. Permit: r-r-- :::, -{irr= =billboards may be removed by the billboard owner only after obtaining a permit for the demolition of the nonconforming billboard. 2. Application: Application for demolition shall be on a form provided by the zoning administrator. 3. Fee: The fee for demolishing a nonconforming billboard shall be one hundred eleven dollars ($111.00). '7) 21 12,N rin 4 d -spe•Gif 1-14 i;i hi;11-:"7K-fd a-t;i11,boai,(i thi7; I::: ------- 1,2) ‘.` f.f - tL;C: - 22 t:-.......:.-3 � .v".4.7:T -1'F'^.'{ttit vf.`lre.-f1":...l i-):• ri'4_'T'YItC r'Ttic;ti':,_/'--G'i�;4•"'.'TTT7se". -.il.'".fi{:..ti s (-�I'i- -.� T- r ((..��•Ii{- t rr - !'} � -tnr r t I r ! r��I;{ i., r� t t'-..1' tl:�...��i:;U tt tl t�l':'t::...1�'1,^.i t.2"ti T t V t�J—t 7 C{-T:i Tr"i'S T.;'-?�',`t;L'T':T i�2'r•1 vi.t t''-tT S:'.:"T t C't'�.)t-�t S:..'T fil T_•t of-the'pi-i::f�l tlt til�r�c i ;-_f.t`�llL•�L .'t. !a tis:>.GC � i'r;- "-i�7�^•L=•� :{'; i t�.t t'�t'J:'i.�LVrti�viTC--.;.YTJ� �� ,;Zt,',Tr-TTS".TT-'JT':r'�vr`C.ltt:-T-tS��-^-'r::j•15..'"t t`i�f y`�••J•JTTtw t'- :{- IYtC'it :JC -O 11 - C=.;_.., .._:u•.r...._..�rt.�.-:u�.i'S�r;(;i;VfF-_,-G- r�..J('ti•1 t: '�i�-t.• �t_ =�-:�^.-iT_. �irtt,, G t vr-Biflboard Construction: It is unlawful to construct a n,::-v-i•billboard other than pursuant to the terms of this chapter. In the event of a conflict between this chapter and any other provision in this code, the provisions of this chapter shall prevail. Billboard eril%Ircernent: Any iriC(e..Sc in saunre foot=C: of n bhlboard. including a ddInc.i additional f=.ce to r one sided billboard is oNohil,)tr:d. oieks iiti c_i• it tiY•J;Jit: _,�tv T7ZJ 1SL J6=rLr� :C'Tw-1_',.,-t,..;.;r t:.]L1 r..S i\ "':.1-V�s4�-11 T- ;i`rT�Y; - cJ-i:•{'t- .t_ _Tii�i%• •dirt~. '�'t= rr. LH. r-!cca'icn cc-n,odeI r; Permits: 1. Application: Anyone desiring to = i istr ,-.:"-rr!Lr t= or rt,r;ir,d_I a billboard shall file an application on a form provided by the zoning administrator. 2. Fees: The fees for a iC {i7!Io:r:tr-3 or r' mo❑-! blllbrard shall be: a. Building permit and plan review fees required by the uniform building code as adopted by the city; and b. Inspection tag fees according to the fee schedule or its successor. 23 -I.::!!1:-:•E...- .1--1-2-,-7,rir;it---Eh-;_=::; "E•d;t.---(...f-a-suff",-:.'iertt-r7.1fitbE:C.---C-f-6E1),.. .i7.----fe-,;..,t-;7:rici t`i:.:k'J.7.,-...;.ciaz=-1-2,.-a!'-y,-,! •::=.:.•;-,E',!.-,-,_;,-_ --_---;`-•---.-_,41-ti-,=_-----A--L,v-,!-t- -,-.:•,..-4.r:.:, ;4-',,t-.;----•,::•-r-,-- 1-,-.-,-1-;--,•::1:t.-1.:.. -41-e. 4-,:_:,tru.:"..,:-..- -,-)f-,-,..-n-_,-,A: i.i.,:!::::-: :-.....,i ;:-4E-Ee- 1 ;,-.'-.-.. -::rn;ri:...i ::-..-_ -•; .:;•li.;:.'....:i;:,'-i--4' I:,---::1 :,d'.i7,- 1-'.-,-*-::;‘?--' 4-P-1-._--il:i147347.1 ':itVir;•:7,F7L:„ f:;;;:t :..a.r.: 14,7=,:;!:, J?1.-:--i-3.-":j!2.-':)•:..-*-1-A.--1h7,-: r: W--1 : :.•-.':.,:; -...!H:.:;4'1 i..7..--T'i':::,-n ',Ic.....,..'-r..,f-t•-i: tr•-..;af..',-iF:-_, .,..-1.-.,:=.-.72S: Ci:..1.•;(s,.1 .-,•1...::r1.:-•:,.",:---_-_•-1-_..-; :;-:::-!..:::-:::- ',: t4,-: :1: :::-f't--.C: E.:t'.-...4-:=.;•:-:-."t: .!-.-.1tf--4. i-E7 ii.:-..V-,-t-,;i:;t:".:.--1r, ii ;'--;E, l'E-E---7.- tilf7:::1 :t1-3--r:rs`..i =:_-- .'47`.-i.:•.-:43,. ..-:}... :.'-,,:4.,;.=,i-r..r.,.:.:r...!.!:..- .:.' i-,,.32.:.11 .-.;;i1:.,;--2-,:_:.--4-1.;;•::-;-:-1.. -;-::----3i."-c-f--1.:- .::-:-.==.7.-T. -2----...-r;=i-E--.:i:,.. ..r.,„:-.‘,:;•:-.,! r.1-.-7-,-..,.,z,i rr-E-:.,r, ;.-( F--:f;:j..7..c ..,:-f•-:,(.)t-,-..:5--:-.:-E.--1-4.:7$-.1i-4--:.-.;;14.'1i41 n11-:2.---1-.A;I:.:7.- d-t_.--,7-i t',...:. t ./-Additionat, new Billboards Prohibited Gill-Gatewayst-E-xi3ept-as-provi.ded-in F.,ut_lsr:o1;on-k0 ID-of-this soctioni-or-its-sucoessor-rno-new-tA-lboard-tri,?.y-te , conE-,taicte,c1-within-six-huild-r-c-d-feet-(-6-0Y--)--of-thight-c.41-4,vayf-any•-gat....way-street: i.;-: Z.:'' 1C -, : C - :;1 . 7 ik3-":4- 1 i - s - e :-.Ciit - . ::-I--r, i- :: :•:"-7 •t11 :1_? t. 13-;1Cd-E , - -.. 4tlii,iaEl- t (i7i.-'.V,--IY,- •1. 4" .y-ri.::: .--ii":;.;y-,7,..7371:::.;.1t-i-,--:.i.1:::,V 1.': Ii`,:" ::•;ic.::::(-,--1C•r:r.!-!tir,--E...=‘; ',-;:,-. ,::;•::,-0:::il, r•E:Y-1;: .-'..-,:=.i'l.:ii--:-.-'_'::':=;!,:.;=_;4--.'--,-.E ...-t.---4--. -1-E%-cf-,2- r•E,E•tr;•°:.;i':::-t.F.14. .`1;71 .-ffc.r-r,-;•-, -, ::-..-.4,-, n:-Jfw:::-qif.:-_,.ri-..:;,:_ t::iftic,:-FIc•-,..1- .),:i 1..---..n,_,,,,,.E...i.,:nci-E:-;!3;....4:_i-4,-1.42---:47-_-:.:4;•.:1;:-. f-- .,.(:), R ,71i3-11 S--,i4 i :_:--..:77-1--.:--t,;•:r; -:_`:-4-1:'Vi=_;t:LI:j-t':.--1?:! !..' ::.----.-:;?.:_--r_,.•!, ...1.'1:..---;-1-7,-';:'-1,74.t":•-ii- - ; !. r...-::,:7..--.1-ti-:--- 2.::-.-.......:.,. ..:. h..".2,7_,-,-7:I! C!"="di 1: ir th"-T. -F: 1177r ! q:-it•E.•- •:,; ::41 :-.-: :i:'d :_- -:;-,.:.1.'.:-... -, c•f a-r.,;,•-•,.:;:rir.::in.:-;-:-:-J .1).,;:c.,:-F:r•ii.i,-J-,,,,i-..::: - .:,-!.:-;;=:,-s...--...:"A;;:•r,.-E...;:.4 t-...W1 :,::;'-1 -2;-...::-4!--_--;: 4I:: i- 1.i,-=2 -1::n.,-.:-- -,.; t-,,i', 3-.:-.:.-_;-1):3:!-:, -(.7r.-:,..T.1-7-4,:-!--,i i.:-;'-:•::::li4-:!::..."'-i. -4... .14:i-,;:• -':-.'1-i.T-1.':;ti.iir:. •.:1:,--F.1:--Y.:1:i1;:1-;:i-.'....r:-.E.:,.:•:4.1.-::;:it-:,=1,-Yy-E-;-i::.-; 7;4- ':7i'•,•: te11'..-'. 7-•,;';:::.: ii-:`:- IC.= ri-Elr:k ...1--"E;c:'.1.=•..f1F,;:_--,.i,-li•!.-A--1:•-•-':'-%1*. --:-..24=,E- ',.-4::!..ir....-',-,:-..f-ri-c-:•:,v/- 1::!!':-...4-:: -.;'d-p,..;,-... r..!.-A.:21 -;;....-:.::-- -•:::.:.!:•;;-,•T;',:.iE.1-i-f•-i i ::r..:,-:.•:-Eil:42:)-ri:',:i,n .--...?,..:-_,f-r-r- •Ii-:-;'-fl:-_:r:!.1-1T.FI •c.f.,!..,-.:,-,-;--....-...,,i',.::•:..:,,f3 -,c,irii: G -1) -r:1-;71.5 ned-;-nore-ef;-,;..s-n-th;ln--on,--3e-evr:-ni,-t.;,.4,-_,,nt-v-44?-t,i-r---,24 -1.,,or.F..,-. ';,7;i'E•:,t-)'..--c-',--2-s-tsr:4?,,11-i-..3-43i1-1'r,41:.;1-r-th3-: 1 24 PKI. Maximum Size: The maximum size of the advertising area of any new billboard shall not exceed fifteen feet (15') in height and fifty feet(50') in width. °LK. Temporary Embellishments: 1. Temporary embellishments shall not exceed ten percent (10%) of the advertising face of any billboard, and shall not exceed five feet (5') in height above the billboard structure. 2. No temporary embellishment shall be maintained on a billboard more than twelve (12) months. Teriaoorw -Embellishmentt are-oret4 ;ted .;MM;L. Height: The highest point of any c : ':..i!.'t e d;relccated hifteri rri excluding temporary embellishments shall not be more than: --Forty five feet (45') above the existing grade; or the maximum heicht for a L sian in the a , ! !V o r, i c of whichever s c C;i? ICcl7 ' 7..vlli(1 Gl,.tfl,,,. is leis, l!'llcS., athe r.vis e mandated by State law ©r-modl*r€ -aGs '. if}{}-t4-subs rioR—Gr -: -1: . `... 7Tl;:l Jt --rt i t�':�1�t:'—4--t �ii-,•t^iJfl JsJ tU,'�ii^t':�'.�'CJ'1 T'.%t7t-V 1 ' (:_,•� i rl.. {-Nn I: ' •'1' �,.j IJ i. t. .-.....-I I', '" ' /' - i•n: ">t:"rC'�.. .mot^,-;'- --i-�Tf"tJl. L tt;-;T:t't!: t'1!, `f.v-)-c::Jti/Y t t'9 _-ir tJiV•i i_.,,.ic. ',i.C,:a':�.-.�,:r {'!G _!':'i{b f"�.�i.'.:il,-Wit-..._ �.ti �----' :J ..•.•1'•.";f.�i:J.-z--t:t':Jr.. .t tC':i-i Iw"J! '-: ; .tf::-ii_Y:- .. ^.1�1-.i'�T:::.•_.:t ttt-._2 tom.. .'t'_-t Tr'J {Csr'!'t""• JYtt.-. NM. Minimum Setback Requirements: All freestanding relocated,billboards shall be monoaole construction, and 6Ut eGE-to-pGle--sign setback-ieUicer tr4is:ed for-the dist•riot-in-rVhiGh-the-t itlboacd-is-1ocatt'Eh-4n-tilt': a ncc of notb ck-etandards-for-a part cular-district=-freestL nding-bi;lbr ids-shall maintain a setback of not less than five feet (5') from the front or corner side lot line. This setback requirement shall be applied to all parts of the billboard, not just the sign support structure. 25 T-Q:J. Spacing: 1. Small Signs: Billboards with an advertising face three hundred (300) square feet or less in size shall not be located closer than three hundred (300) linear feet from any other small billboard or eight hundred feet (8001 from a large billboard on the same side of the street; 2. Large Signs: Billboards with an advertising face greater than three hundred (300) square feet in size shall not be located closer than eight hundred (800) linear feet from any other billboard, small or large, on the same side of the street. tl-:c ni for bii oorrds fully i!-ito the r it �ur!,d�nn :.� not fr:.e di a be f l by the 't; ,. I_. r:n , �_ tan.,:n,.,. mr,`, mcd�r,�d r,. Fl-:nnino Commission as a Conditional Buildina and Site Desion P6Vi ';'/ as outlined in section 2IA.59. as as such modifications n2i Sate :,, Iona s� h modific, ,ror,s are cn„ intent `,:;°.� State 4-.Si ns tay-rot-be-le teed-en-an-interstate-laiehway €-{halted-amass hiehwav-an-th rimary-syst2cn-within-600-faet -an-interebanee-er inter-sec-Lien-at er-ade -re_ l-area-measured-atone-the interstate-hkil f+eawav-€rori-the lien-te-th -nearest-aeiat-ef-the-beeinnino.er ondine-ef Davement*gdeni-nc+-at-the-4xit-fferrroc-en4ap,Ge-to—tha41;a44--tkaved-wav PO. l4incF-not-b-s-ill=dminated-car-lit-be-tweet-the-trours of-mide4 ht-an4 -an BilibearGls--loeatee f -ern-Airefer-t-ar,€lueneo---4vedf.iv zone ar stet 6t-te-Aireart restsictions-reaarclin -liehtinch Cali'. Electronic Biliboard,:..Electronic Billboard Faces shall be subject to the following operational criteria: 1. All messages shall remain static and shall not gave the appearance of animation or movement. _ _. 2. All messages shall remain static for at least Fight seconds. 3. The transition from one message to another_message shall take place instantaneously. - _-c.!i electronic billboard faces shall comply with the brightness standards for electronic sions as set forth in Eleetrsnio-Bilibea;us-are--subleet-1e-thz?c'it2r'ia-foot-electronic-sign=-otrtlincd-in 26 RQ, hil!boarl: _'ri'• .'i_I'.iil of el=Ctrof' billboard is 0.ro3ibi-ted-c1Eeot allowed the f_�l'-r;:in l conditions: CG .7i)iilil:a Districts: Billboards located withi 1 �fl �;li fni C^(i':nl=Ci %1l I``i%?iltlfact'irincl ;orlinc) disiilct may be converted to etr:ctronir billboards aJ-leRe-as thew-aro not•-to�3al"s -wri hia-600-feet-o:-c"a-rw Gateway-S-tceet nor located withfMGraaa stt et- cGGus•lerl-apt- i re od that-an um~rccr„t ct-Gtl -saYarc-,`Dotage-coy+iva-ten-t"-te-the-size-$t-the--b-illboarho ea erle -is-rer oved-eisaw are in--tha-tits -and-r'io' idJd it merits ail other i.�.i�l! :,nlrl'S of this �l��r,t ,r_ ---- --------- ----- _2. BIllbo%.rd_ C l Fre,-.•/:i.s may bo conv'crii:d to ei'.?:ctri:rlic o :ill_15.1 ilia'•, they are boated in a CC Goncra t ConlrnPrcinl or I. enllfacturinr zoninc: dotri ct aid- +et-gated- ,ithirv--ilia G-ranra- -t3iatrict Esc sio-aroma. and-aG ectt►i!aleflcaet-ia ot--square teataga-i ni -r'cmeved-€refla-a-Gi•t��-E- r Street-Bet+levard-Streat-residerfti-at-zoniaq-district. Neiehtaerh©ed So distrrst-car-1 usins a-Gemma•raia 3-zonir4o-distrist end i;ro,ids,:.' it nll t nil other =tatrirem nt; or this chanter. . Billbo•`:'srds in-'' also be convemtrd in connection ::'ith a re:lry aticn of th e billboard as follo;;'s: — — T— ,.41,11) l o'v3RtFjtr•fn-t'lnd-Gateway-t istfiet-s=-Billboards-toc f:'d wit iri-the Qawntown-or-Ga-t ia-y--zo=*cr- Viet-s-rlay"k9-Telooated-' ;ithriR-tho r ann2 zehino--district--subiesl-•te-alt-soa irio-and-haioi-t-v:-,F.11a-tionS,anci corF�'r��f9ct^r�rt i:i-ie0-61.4Cttf•a tf.,'-astetnft -ale+-ar4-(�3£itrJivahleitt-f-�,tfr(�,v�tar-off-SOUafe footao s-rematied-e IsF']where-in--t e-Git+"1 rC:r r7--L'ifY��^C7CYt awCv-Stra t-; rcatritref t`tial�of�ira-��di�.m+ct-Ear--�.'�ioial�3r;;r� t��lercial-G�J-zsr�.;�nq i t r • f ++: r f ♦ 'd r f v. ds5triirt-C;t-or --�f)irt'rf-i�S.f�i.-�{�+-U�'}-z�+r.tf'l =s-t1iTt 4 n�ret/:r�Ctt-lt-rTr�"t.e-ts, at -oth -r-ectidir-emoatis-af-•thi ao o-r--and-t ie-electronic-bill boa rd-i-s-i?at f;wes_tand_raa-ta(.44;- u tt,=-int? reted-i-alo-thee-acc.11itect-Ure-0-`.-a-tk;il dini-1 aril rovid s 1f"'Q'itlY'.1.'f:`rGa' 'i-rt'S'ra1L?f#s-o-t-tti'ts--o'r oter� ' a-tG ti CF n.tt• [S•i nr, r n n i r•. r+ — •_�iceictl-C-vc::�l;;cs1r-ytfcr-t �;-lt::+f3af- +�:f +:�• tr���u+rl-:�c�.:�'vY�'ti-�t.vnt� may-be--raloo fated-witl ita�-tttale-sar ; tieiaal-oat [ cad CGnvertad-to. of ire ry-iJ-c"�-ft;'1�; ci,��.r-air ;..-.{i3:tIa?g.fS•t'-ist1-r»lber-of-soldare.-foota 7e-is-raifl'J:'4d frot,,-ar'ttj-Gatewat;-S..reet:-rwide-rtial-zof iin -distris_t e4ahbochoo i Co'llfrervi l- 14-?�,�r'tifi$-d-i.-t;ivt-9 r-S stne.ss(3afl-;ms_rciat-c ei'rir distrist--cand_orovide4-it-rfieets-ell-otiier-reoyirealepds-ef-t`rlis-ch p-t-er ncl the-elwc_roni.:,-billboard is-;at freevtand•n b:i•-;;-felt in:eora-t'd into the iYrtrhitecttu_rcof-c:--t tlit£tinci-any t-provided-it•rectal ot! ^Y rAc_-ii-2-n;et^riss-e4 AMIN 27 i-t ..(,)n'rrsj : i I,;_•a' a is r?• ri��nt; •! or C;•1 Cornr,2rCi,3I (i 7t!l,t or C('- or f•,t u)rI fI() 'ji, ti •r accorr-i;l;1 lc; =l1' :i'' D.1 aridJ i i" ham, - „}'i;'!i%it to {,+I t ri 11 1.it t:l S;.j!:=:f c7 i 2(-.`' ! 'r i;'I•, i i'j loot I j.lt_ ;irov;;-.j:.r it ..__-r1' ^II ( thr- tillh r• 11`t:r !,! . I II5i{t S0llf0t mmcnc: t,D ' :i: etr--49-Uii*i -e�-'��4 '.f o -cifi, .ii'i j,rohn 'J( :...-------- --- (,i;l'dt'rs!,_I!1 1•1 soy =!(J nt!?I or f`le lohbo(1)c,o;1 Coin jl:.(i_I �_,11 C' F!111 r} sn di til ot Cr?iversion--of- n,v-biliboar-ci-locateci-erv-a-GC?- +Fy-street-er-a-Beulevarcl str -is-seeeirisally-orehibited, -- i 5R. Landscaping In Residential And Commercial CN And CB Zoning Districts: Properties in any residential zone and commercial CN or CB zones on which a billboard is the only structure shall be landscaped as required by sections 21 A.28.020 and 21A.26.030 and chapter 21A.48 of this title, or its successor chapter. No portion of such property shall be hard or gravel surfaced. � =S. Landscaping In Other Zoning Districts: Property in all. districts other than as specified in subsection U of this section, or its successor subsection, upon which a billboard is the only structure, shall be landscaped from the front of the property to the deepest interior point of the billboard for fifty (50) linear feet along the street frontage distributed, to the maximum extent possible, evenly on each side of the billboard. Xeriscape Alternative: If all the properties adjacent to and across any street from the property for which billboard landscaping is required pursuant to subsection V of this section, or its successor subsection, are not developed or, if a water line for irrigation does not exist on the property or in the street right of way adjacent to such property, the zoning administrator may authorize Xeriscaping as an alternative for the required landscaping. 28 .....p., /.-11t.). Existing Billboard Landscaping: Existing billboards shall comply with the landscaping provisions of this section on or before January 1, 1996. .f.11‘N. Compliance With Tree Stewardship Ordinance: Construction, demolition or maintenance of billboards shall comply with the provisions of the Salt Lake City tree stewardship ordinance and-41-;€.,.-T-ree-44-ote.64in-e-rEiinance,-.. 2.-XVV. Subdivision Registration: To the extent that the lease or other acquisition of land for the site of a new billboard may be determined to be a subdivision pursuant to state statute no subdivision plat shall be required and the zoning administrator is authorized to approve, make minor subsequent amendments to, and record as necessary, such subdivision. X. 1..inf,-,:c;inti.-.,nt:. Inv ill,_-KInl billboard and any violation 01 ll-). I,-.-:illirnr-ints of thi,,,, !fil-).-,.;:-:•.:tio'l ai,-,:. ubi,--3.ot to enforcr2n1nt 1.wisuant to St_C.; c..ot•is., Chapt:)i 21/"...20,. 7:y. v. If (...(1,./ s.,,-..-,ction. sr_itl!.:_-;loc,, 0.i'iraoraoh. tt-_--n-ri, r'::•firthi:-;fl Or MOVI:-;i0:1 Of thiS. `.::(1.101.•, (" i'; f")r any N.--,,t-Isnn cl-_-..ti-rniin,--_,,d to 1)r.-: illecial. invallit :--;iinc.-:(ses.:dd by orn,,.i. ;-.1lJthc.,T-ity or unconstittitional by nnv courl of cornnot.nnt i!.irisdiotitin r_f; by any stnt Or 41111,4114, [7'-'r j':r. :! I''.(-it.1 3tor•,, authoritA, havirm Itii-isdiction ther,:t;of. 5..1011 norti,Dn shnll be (1.,-:-:.-?m,.-,-,c1 , ::,.,•,-_=;.):-_-•,rc-11J_--. distinct. etnii ind,onn(.1;,nt nrovision non 5uOl1 d-----tr:rmin.ation s,hall hav,:: n,--. r.:fct on thr- val .tlity of any otly--); socton. sontc•nc,-_-.. nr-min:;:inii. iE:in:. cir!finiiion, 0:' --z, dinptc-r. .111 0, \±1-lioh ,..:i11 rimiin in iuli 1;:li-.' •,-: ••ii1d c.,f1,- -:',.: D.7 nod F v.'lli:-.11 v;ill 1-),:: (!,-.70mc.lci n-Jor.:,aled. At . 3i-,.. .-; -Il-Pi-.,vison .: :5:.-.1.::il. --,-- -; ;-_--i:4-,- -,•;: [-,n.-_-•-•-]1-..11Il5-,=-•:.- l--.,:, --!----'ll '- t-)1-1.--- •.::i.::-,._--i;:::,fc, T•lll'i_-...--7.:::::AE-- .-:- -!---7:,, , !..-',.'i ,---.•:L: ,..-bi-:, lll;_,::IN:_1,- b-':-1...=.: LiL:=:..1 - .-:-.,.L..:-.-::.;.-',1. 'r_::)...) i'-',.":. j':-- 1.-::i;" -!,•:.' ..!.h•- .',./ .-Fi. E;•:!•.: ,.:: '1 ---_.i:.:.::',...--;--;..--.7--,---.i',=_I 1.'•..--1?-:;:i-:-'.',4i--.':'.': i-,-) ':::-.:i. :-::-.::::1 -:". .F.,1..-- :,41-7.= ;--; V;•.*"),-y-ft2.;i:i-=.-.1..--1-ipp:.:...,.:Kli .:117-q (-1-N•7.,rc;'1:' Lf:---1•Tr,-.e.:1--.-.-.Pp;:.•::::: .i!i.::,... '..:C•r-p! i-170.F.H; i2,-by-th1F, ........ ,-...;- F:::-;=--:ll-; -,Ipl.-.2 t-:: tl-1,:3 l.::•; ..) : : 1 l,,:llho;:i!',1,',t, 1 . ,-- ;- :." l-f'• :./..‘,,.: '. .-_: :: - • :; :::•_‘c,:.::::.ji)i-ll'..,-. -1:•;.:I: -4-..-.!: t--: -. -,..Fl:.:--::.!,:.-.7. -f%.- ``:-. :••-r•-• -. ,--i-'*.- -:- • - •:,•,:ii,-; i - '- :- - : .-.,,--,-;------1. ',.:; -:- .==.---'!jr,r,-,-,•. _ii..--, Atiroll 29 ...f (141 (Ord. 72-08 § 2, 2008: Ord. 42-08 § 12, 2008: Ord. 13-04 §§ 25, 26, 27, 2004: Ord. 25-00 §§ 1-3, 2000: Ord. 83-98 §§ 12-14, 1998: Ord. 88-95 § 1 (Exh. A), 1995) 30 dIIIIIIIIIIIIIMIIIIIIIIII t F Recommended ; .. z h° , a " ATi ht-tii'ne ,, -. .a y p orIgkitness I eve s Y : - '.- ,--f- ... --- . _,.. - --._ . - - : . :,=:..,, . .. , .. . . -or 11-1)encase ., . . ; ,i . . .. . ,,..„ .....• „.„, , ,. -..- .,,.; ‘.r' . .•.,,,„i ...!...„ .- .:,.... 4 Centers (EMC's) i "` ` 4 . a� • • ` INTERNATIONAL H r„ � I SIGN ASSOCIATION ' ,; _; § 2 4.Alt" , 'It --_ -- = - -_. -- a . 24.E : • vc r S ,� -. :,ter„ r } L 1.01..tn4 r. +�w---4 A COMPILATION SUMMARY `WITH EXTRACTS FROM INDUSTRY REPORTSf1,PRll_ ?n I I Table_of_ Contents ItU -2% °Uit,s 0!e era,— IN HODUCTION 2 EXECUTIVE "., SUMMARY • , RECOMMENDED LANGUAGE 6 , SIX STEPS: EivIC BRIGHTNESS LEVELS 7 *411110 INTERNATIONAL .SIGN ASSOCIATION mow* i ANAVVVVINO.: .. 'C'TTTTt'R[trrrn 7 ..r r l) iX'1:43 Z'Il ro(l'.ry P� J Ject noiiic• JJlesstloe Centers (RIC, O 1 _L- *w: One of die more interesting types of signage that is becoming increasingly popular is on-premise electronic message centers,or EMCs.You may have heard EMCs being referred to as changeable message displays or digital signs. EMCs are not digital billboards,which advertise a good or service that is located away from where the sign is located.Rather,EMCs are digital signs that are located on thepr•rnrises of the business,and that advertise goods and services that are provided at the location. — r mg ., r- =M— �..._ .;ram S 4 �et s�Y ..4�. "'� l h,; • M+� �II ze P �> -;=-1- rwv '4 "` ,' +1/ AH cCt;r'n '3.r• r) '' 7 ?mail� TOWN l ,�r` 1 r..r Y l� ,i' �1 4, w Pries - . .,-", ..."'' .I,x „�, F Y .•�,,.. . R r s�•', r- :halt .' , . -1 . x. p, *�� t -- - _I (< {rho' ""^„ •1 ; t S*I i tti£2.1'' ayt {-, It t1 4_ .•- w r . There is often confusion regarding on and off-premise digital signs.However,EMCs and digital billboards have very distinct capabilities and purposes,each targets a specific audience and each has traditionally been treated under separate legal and regulatory regimes.For the purposes of this publication,we are forming solely and exclusively on BIG. EMCs that are too bright at night can be offensive and ineffective.EMC brightness at night is an issue where sign users,the sign industry,and the planning community have a common goal:ensuring that EMCs are appropriately legible. We know the messages that these signs convey can be rendered unattractive and perhaps even unreadable if they are programmed too bright. ; i i it 3 1il i ' � ` " . 1 I Q4" ' • :.— —_..... .... _..i That's why many sign companies recommend to their customers that in Order for these signs to be most effective,their brightness be set at such a level to he visible,readable and conspicuous. ti ——..,._. ,_. .. . .„ . . ... , iiit.,044, . ,, In 2008,the International Sign Association(ISA)retained Dr.Ian Lewin of Lighting Sciences to help the industry develop scientifically-researched,understandable recommendations For DIC brightness.Dr.Lewin is a past chair of the Illuminating Engineering Society of North America(IES),and is greatly respected within the lighting field.His work for ISA was conducted with the input of experts within the sign industry.Dr.Lewin's full report can be found at w wv.signs.org. As a result of this research,the recommended night-time brightness level for on premise Ejl'Cs is 0.3 foot candles above ambient light conditions when measured at an appropriate distance. This is a lighting level that works in theory and in practice. The research and the recommendations contained in this report pertain only to EMMCs,nor traditionally internally illuminated signs,such as these channel letter and neon signs below.EMC's use a different lighting technology than most of these types of signs,and as such the scientific approach differs. *-..,u''.'44*':;}.:0-!1,t:i,:ii:,`i-41,'-m.:.:-.... L_:_.-IN... ENS1.•N.,.:- HIN1., GS , i'-:.. , .. Yl---1 4 TLET 0 'mot' "` , , ' '. t MATTRESS OU ..•..,;:'.--••,,.' .'li, j ,4 t ,,,,.... ,:,1,,„',,,„,,.'..,,;.-:.,, eta+.= . ,, .0 Zy. '� z a r5 11!: i s` You can rest assured that the information contained in this publication is relevant,appropriate and workable for determining night-time EMC brightness levels. We have provided six short steps to help guide the process and recommended statutory language. If you need further assistance,feel free to contact ISA at(703) 836-4012 to answer any of your EMC brightness questions. l:'AIC:+and digital billboards have t'ety distinct capabilities and/pttl poses, esedt n etgets a specific audience and each has traditiutraliy been treated tutder separate legal and regulatory regimes. 1 � tFxec &Ci;LIIT ii. Summary I,SA I;lectrl1111t Alessrtge D13play Brightness Recommendations • • This summary has been de%,loped to assist stakeholders concerned 1',ith tlevelopnl2ttr standards for large-format, electronic displ•ivs tts2(1 kit on-pr?tnise sign applications. 'Hsi,summary comprises: 1) (7;) f,;:cy'i'1$:; o ti)$iiup rr.i:c Of c':S;:i';J7 t h!Id"; le 11J'!Jl/ ilt'1:, 2) 12c'IJIJOIJ,�). 1!1111:c'!l!J ensi:)-,'(?/� ri'comi eNd.Yl In i,' i;:'sc st1)ltl.t)'(li, (tall 1� in ightoo me.?:11)i'll/el!!).'Ic'!l'0!I Arl', 0v2rvios ortho importance of ensuring appropriate 2, `Iecllunlo v to ensure appropriate brightness. aught-tiny brightness, Most electronic displays are designed to produce sufficient brightness to Electronic displays that are too bright at night can be offensive and inef- ensure clear legibility during daylight hours.However,daytime brightness fective.There are significant advantages to ensuring than an electronic dis- settings are usually inappropriate for night-time viewing.The following play is not overly bright.These advantages include: general methods are used to dim an electronic display for appropriate night-time viewing: 0 Conservation of energy 1. Mantra!Dimming. Using this method,the sign operator dins the Increased life expectancy of the electronic display components display in response to changing ambient light conditions. Building goodwill with the community 2. Scheduled Dimming.Sunset-sunrise tables allow an electronic display to be programmed to dim at the same time that the sun sets and Ensuring the legibility of the display rises.This method is generally acceptable,but is more effective when used as a backup to automatic dimming controls capability,such as It is in the best interest of all stakeholders to ensure that electronic displays photocell technology. are sufficiently bright to ensure clear legibility,while at the same time avoiding a display due is overly bright. 3. Photocell Technology. An electronic display that utilizes photocell technology can automatically dim as light conditions change. A photocell sensor alerts the display to adjust brightness according to ambient light conditions. PurdPII c '+++ produce sufficient brtSitt/!t'S3 Lit elastic[Terra' legibility(luring ektvlioijt(iao rs, ' lloweve;; (lilyl/li!!.' se(at11's usually 111.4b;0)'oP1'tiltt'for!tlgl;f-!!lilt' =.'"` — i . _ ___ .,. ,. . - . 010.,._____ 3. J\e1011117)''1)(kd OClgiltll'.'Si St.lil(i;1Cl{i, 1, l)Clvll[I1Si Il1Ca51lr,:Il;:III lll;t ioLl(igy. ISA commissioned Dr. Ian Lewin of Lighting Sciences, Inc. to develop 'There are two generally accepted measures of brightness in the sign industry; brightness criteria for on-premise electronic displays. Dr.Lewin is a leading illuminance and luminance.Illuminance,the preferred method is a measure lighting expert with over thirty years experience in the lighting industry. of the amount of light intercepting an object at a given distance from a light source and is measured in footcandles or its metric equivalent,lux.Illuminance Dr.Lewin recommended the development of brightness criteria based on the can be measured with a footcandle meter(also know as a luxmeter),which are Illuminating Engineering Society's(IES)well-established standards pertaining relatively inexpensive($100-1000)and commonly available.The footcandle to light trespass,IES Publication TIM-11-00.The theory of light trespass is meter should be accurate to two decimal points for accurate measurements. based on the concept of determining the amount of light that can spill over The second method,luminance, is an absolute measure of the amount of (or"trespass")into an adjacent area without being offensive. brightness that is being emitted from a light source and is usually measured in candelas per square meter,also known as"nits."Luminance can be measured As a result of his research,Dr.Lewin recommended two different brightness by use ofa"nit gun",which are expensive(-$3,000)and difficult to procure.The settings based on whether the EMC was located in an area of high or low preferred method of measurement is illuminance using a footcandle meter ambient light.After field testing and utilizing Dr.Lewin's recommendations, because a measure of luminance fails to account for ambient light conditions. it was determined that using the more conservative recommendation is appropriate in areas of both low and high ambient light.In order to simplify Dr.Lewin's recommendations,and to take a more reasonable approach to ensure that EMC's are sufficiently visible but not overly bright,it is recommended that EMC's not exceed 0.3 footcandles over ambient lighting conditions - when measured at the recommended distance,based on the EMC size. k ` .,,it is reco !ule ded ilia, I-!C'a not e ce.'c( 1``.? ..3 0„)i1VtCt!1lflli'S over ambient 11!'!J!UIg conditions 1 / when 1!let Sale at the ICCJ1111itentli'd SitailCe 11. G tui h f ' , Missed on the E.111Csize. t SELF SERVE . %^'j ,� { rri• 'Z- wmut.aw . i- r: - ,.— mow. :,. . i -, -a - _-. ,•+.,_ -'':,.--.1H.. - ', •--. '..:-: • i • . f A,,,.:::::--,--- i ...-......_..,..-. - PLUS t I- G o �� HOUR � m - _ : . ATM ti (rl -. - — - . PREMIUM n� e'- trIOLLIUD f MO. - s, Ott$t1 9 • 3•9 2 to /-,,,;:-...,,,,, ; ,..„;,:,,,, . ,:;,„..__,__ . , ... , _ V i 1 . s0 ; , . 0 , - .._ _ . ._ , Recommended ..i _ y, Leis1ative ; b t` , fir, l k ,. li 164' . Language 4 .....H , : , , .,...____ _____ ... ,„,: _i• SIGH AREA VERSUS MEASUREMENT DISTANCE AREA DESIGN MEASUREMENT 1. Electronic Message Center(EMC) Criteria:The night-time sq.ft. Distance(ft.) illumination of an EMC shall conform with the criteria set 10 32 forth in this section. 15 39 20 45 A. EMC Illumination Measurement Criteria:The illuminance 25 50 of an EMC shall be measured with an illuminance meter set 30 55 to measure footcandles accurate to at least two decimals. 35 59 Illuminance shall be measured with the EMC off,and again 40 63 with the EMC displaying a white image for a full color- 45 67 capable EMC, or a solid message for a single-color EMC. 50 71 55 74 All measurements shall be taken perpindicular to the face of Go 77 the EMC at the distance determined by the total square 65 St footage of the EMC as set forth in the accompanying Sign 70 84 Area Versus Measurement Distance table. 75 87 80 39 B. EMC Illumination Limits:The difference between the off 85 92 and solid-message measurements using the EMC Measurement 90 95 Criteria shall not exceed 0.3 footcandles at night. 95 97 too too 1to 105 C. Dimming Capabilities:All permitted EMCs shall be equipped 120 110 with a sensor or other device that automatically determines 130 1 1 4 the ambient illumination and programmed to automatically 140 11S dim according to ambient light conditions, or that can be 150 122 adjusted to comply with the 0.3 footcandle measurements. 160 126 t70 130 180 134 D. Definition of EMC:A sign that utilizes computer-generated 190 I38 messages or some other electronic means of changing copy. 200 141 These signs include displays using incandescent lamps, 220 148 LEDs, LCDs or a flipper matrix. j 240 155 260 1G1 280 167 300 173 1 `For sins with an area in square feet other thus those spec/Ically listed in the table (i.e., 12 sq fr,-100 s Ili,en),the measurement distawe may be calculated with the follou?n formula:Nle.uutzment Distance=VAre.s or Sign Sq.Ft.x 100 l ,..... mmumminir........___.. �1 i..1} �,., EPIC Brightness Levels , — } How to Measure the Brightness ,NOW. of an Electronic Message Center (EMC) STEP l SIE'F :3 OBTAIN AN ILLUMINANCE METER. DETERMINE THE MEASUREMENT DISTANCE. Purchase or otherwise procure an illuminance meter.Most city/county traffic Using the total square footage found in Step 2,look up the measurement departments have an illuminance meter,which are also referred to as lux or distance in the table provided in the Recommended Legislative Language on footcandle meters(lux is the metric measure of illuminance;footcandles is the page 6, to determine the distance to measure the brightness of the EMC. English measure of illuminance).The illuminance meter must have the ability The distance should be measured perpendicular to the EMC sign face The to provide a reading up to two decimal places and must be set to read foot- use of a measuring wheel is the most convenient way to measure the distance. candles.It is preferred to have an illuminance meter with a screw-mount that allows the sensor to be mounted on a tripod.A tripod ensures that the highly sensitive sensor is held perfectly still;otherwise it may be difficult to obtain an accurate reading. Ifyou do not have an illuminance meter,the Konica Minolta T-10 is a high quality illuminance meter that works well.However,other less expensive illuminance meters may also provide adequate results.The International Sign Association ` has no affiliation with Konica Minolta. ' / ' STEP 2 d I; . ,^„. ' m,r} .tf'''. f.<!;ifui'-7 DETERMINE SQUARE FOOTAGE. ‘: t Determine the square footage of the face of the electronic message sign r '� � ' vh (EMC)by multiplying the height and width of the EMC.This information - ,1'.t.. �3. I 1 ' {,;",. a may be available in a permit application,or can be determined by physicallyFT r F• w measuring the height and width of the EMC.Do not include the sign face square footage attributable to any additional static signs associated with the G�t1atI0r1 . +. •` ►, .- EMC(if applicable). ••'i t , .ma . c 1 ems # } I ;S ;s� 4"` k - ,r �; .,.. . .. :'..'. 1- — -1.±-f.,--- \.4,- ..r.,....--- -»f,.K F:i • SENIOR z ,? . YCE f ., r p r .:_ _' ,t,1 •- 1 , __ .._. ___ _. 119,.. PREPARE THE DISPLAY FOR TESTING, Ensure that the illuminance meter is set to measure footcandles up to two decimal places.As the display alternates between a solid white message and an Ensure that the EMC is programmed to alternate between a solid white(or "off"message,note the range of values on the illuminance meter.lithe diffetence in the case of a monochrome display-the solid color of the display)message between the readings is less than 0.3 footcandles,then the brightness of the and a blank message.You may wish to have a requirement that the sign display is in compliance.If not,the display will need to be adjusted to a lower owner cooperate with testing by programming the EMC for testing upon brightness level using the manufacturer's recommended procedures. written notice. Fx mow.:.iitiii , r" -,,i USE AN ILLUMANCE METER TO MEASURE THE BRIGHTNESS a j ;s OF THE EMC. -�. .,.. .s � a x, ,,:j : A ip Mount the sensor of your illuminance meter to a tripod and orient the sensor 1 # �� '^""-. ! directly towards the face of the EMC at the meastu•ement distance determined I ,I:;`__._4. ".�:.._..._:�v i in Step 2. , 1 OR Ai CENTER 1 ., j ii f•• \ � c " 'Z.--.,:t,:;`it,- ,......_.-. I _ S1-EP C ENSURE THAT THE DISPLAY CAN ADJUST TO DIFFERENT iV AMBIENT CONDITIONS. I 'i 4 1/ Inspect the sign to ensure that it incorporates a photocell or other technology to ensure that the display,can adjust according to ambient lighting conditions. ,r el.i the eiti f'i,i 'ttherr!iite t i.'in c',,. a to!1,1,L'1.!ite - = ' I) 1 I1fl:f[t�G/:t:;'�rfl: I/fj message, ":OfC ti.�(':'llittr�,^,j values e.-. . 1, o.'t fi4'fci:tl;:ii ialtre t1.:,'el.. !1 the(II)irer,11Cc (l:..1:iC,.1, the § 1'i':F(filt!:r; r:Lis F 'ili! ✓%,.1 joot r"fl!i Jrl;';, ;lac.): ilk' :C' .ri •- $ ,i!•i ..,0.: _- rlf iai'(I;t 1 (( . CO!; i I I y'is 11 lI! i:tu[','. i t • # 7s f . { • i. ziwa+�vsh.. .ir -J . ti --�__ . ------------ ---_____ - r � . __ .-_-_... -..._____-___ INTERNATIONAL ,,.,SIGN ASSOCIATION tool t: SIRELL SUITE 301 LF,. D?I I-. O 3.E33: _.2,5 'OMr.r.a '' RECOMMENDED NIGH-IT-TIME BmGHTNES_S5 LEVELS FOR ON-PRENIISE ELECTRONIC MESSAGE CENTERS SALT LAKE CITY PLANNING COMMIISSION MEETING AGENDA In Room 326 of the City&County Building at 451 South State Street Wednesday,May 25,2011 at 6:00 p.m.or immediately following the Work Session The field trip is cancelled Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m.in Room 126. Work Session: 5:30 in Room 326. The Planning Commission will hold a work session from approximately 5:30-6:30. During the Work Session the Planning Staff will brief the Planning Commission on pending projects.discuss project updates and minor administrative matters.This portion of the meeting is open to the public for observation. Briefing: Group Decisions Briefing and Discussion: Planning Director Wilf Sommerkorni will conduct training related to Group Decisions. Billboard Briefing: Senior Planner Doug Dansie will brief the Commission on billboard regulations. Approval of Minutes:May 11,2011 • Report of the Chair and Vice Chair • Report of the Director Petitions 410-761 and 490-06-04 Time Extension for Bolick Village Planned Development(now known as Maclaud Subdivision Planned Development)—a request by Monte 1 edlin for a one-year time extension for the approval of the Bouck Village Planed Development and preliminary subdivision. The property is located at approximately 1566 West 500 North in a Single Family Residential(R- 1/5.000)zoning district. The project was originally approved by the Planning Commission on May 10. 2006. The last time extension was granted by the Planning Commission on May 26,2010. This project is located in Council District 1.represented by Carlton Christensen.(Staff contact: Cheri Coffey at S01- 535-61SS or cheri.coffevb)slcaov.com) • Public Hearings 6:30 or immediate/1.following the work session Public Hearing Legislative Petitions PLNPCMI2010-00752 Zoning Text Amendment.5 Foot Maximum Rear Setback for Accessory Buildings: A request by Salt Lake City Mayor Ralph Becker for a zoning text amendment to remove the requirement for a 5 foot maximum rear setback for accessory buildings.There would be no change to the minimum setback requirements. The text amendment would affect all R-1 districts.R-2 district and SR districts. (Staff contact: John Anderson at SO1-535-7214 or jolu andersongslcgov.com) The files for the above items are available in the Planning Division offices,room 406 of the City and County Building. Please contact the staff planner for information,Visit the Planning Division's website at www.slcgov.com/CED/planning for copies of the Planning Commission agendas,staff reports,and minutes.Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they ate ratified,which usually occurs at the next regularly scheduled meeting of the Planning Commission. Planning Commission Meetings may be watched live on SLCTV Channel 17;past meetings are recorded and archived,and may be viewed at www.sfctv.cam Intended SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City&County Building at 451 South State Street Wednesday,June 22,2011 at 6:00 p.m.or immediately following the Work Session The field trip is scheduled to leave at 4:00 p.m. Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m.in Room 126. Work Session: 5:30 in Room 326. During the Work Session the Planning Staff will brief the Planning Commission on pending projects,discuss project updates and minor administrative matters.This portion of the meeting is open to the public for observation. Briefing: A discussion regarding the Special Exception process and transferring the review authority from the Board of Adjustment to the Planning Commission and other text amendments related to special exceptions. Discussion Only. (Staff contact: Maryann Pickering at 801-535-7660 or maryann.pickering@slcgov.com) A discussion regarding Billboards and Signs(Staff contact: Doug Dansie at 801-535-6182 or douq.dansie c@i slcgov.com) A discussion regarding Chapter 21A.59 Conditional Building and Site Design Review process(Staff contact Doug Dansie at(801) 535-6182 or doug.dansie@slcgov.com) Approval of Minutes:June 08,2011 • Report of the Chair and Vice Chair • Report of the Director PLNPCM2010-00188-Time Extension for Al Auto Parts Conditional Use-A request by Mike Vanikiotis for a one-year time extension for a conditional use to operate an outdoor auto salvage and recycling facility at approximately 5 South 5100 West. The project was originally approved by the Planning Commission on June 23, 2010.The subject property is located in the M-1 (Light Manufacturing)zoning district in City Council District 2,represented by Van Turner. (Staff contact: Katia Pace at 801-535-6354 or katia.pace@slcgov.com) Atroirk • Public Hearings 6:30 or immediately fol/owin;✓/ie work session Public Hearing Legislative Petitions 1. PLNPCM201Q-00784 Code Maintenance Noticing Text Amendment-A request by Mayor Ralph Becker to amend sections 21A.10.020, 21A.14.060 of the zoning Ordinance to require all public hearings to be noticed in a similar manner using the most stringent of the existing noticing requirements.The proposal will remove signature requirements for routine and uncontested special exceptions and replace with an official notice of application. Related provisions of Title 21A-Zoning may also be amended as part of this petition. (Staff contact: Michaela Oktay at(801)535-6003 or michaela.oktay@slcgov.com). 2. PLNPCM2010-00612 Accessory Dwelling Unit-A request by Mayor Ralph Becker for a zoning text amendment to allow accessory dwelling units within the following single-family and multi-family residential districts: FR-1/43,560, FR-2/21,780,FR-3/12,000,R-1/12,000, R-1/7,000,R-1/5,000, SR-1, SR-1A, SR-3, R- 2,RMF-30, RMF-35, RMF-45,and RMF-75.This request is part of the Sustainability City Code Initiative and would affect areas City-wide. (Staff contact: Michael Maloy at 801-535-7118 or michael.maloy@slcgov.com). Administrative Petitions 3. petition 410-07-57 Rio Grande Office Conditional Use Planned Development-A request by the Boyer company for clarification to the approval of an office building,located at approximately 50 North Rio Grande, The building was approved with a dome height of 90 feet, however the mechanical equipment is now proposed to be enclosed,resulting in more square footage of the roof being at 90 feet.This change is being presented to the Planning Commission for their concurrence with the proposed change.The subject property is located in a GMU(Gateway Mixed-Use)zoning district and is located in Council District 4,represented by Luke Garrott. (Staff contact: Doug Dansie at(SO1) 535-6182 or doug.dansie@slcgov.com). Amended SALT LAKE CITY PLANNING COMJIISSION MEETING AGENDA In Room 326 of the City&County Building at 451 South State Street Wednesday,September 28,2011 at 5:30pm The field trip is scheduled to leave at 4:30p.m. Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m.in Room 126. Work Session: 5:30 in Room 326. The Planning Commission will hold a work session from approximately 5:30- 6:00. During the Work Session the Planning Staff will brief the Planning Commission on pending projects,discuss project updates and minor administrative matters.This portion of the meeting is open to the public for observation. Approval of Minutes:September 14,2011 • Report of the Chair and Vice Chair • Report of the Director • Election of Chair and Vice Chair Public Hearing Legislative Petitions 1. PLNPCM2010-00032:Zoning Text Amendment.Billboards-A request by Salt Lake City Mayor Becker for a zoning text amendment to address outdoor billboards.The proposed amendment would update current regulations for outdoor billboards to make them consistent with state law.The text amendment would affect all zoning districts.(Staff Contact:Doug Dansie at 801-6182 or doug.dansie@slcgov.com) 2. PLNPCM2010-00717:Zoning Text Amendment.Electronic Billboards-A request by Salt Lake City Mayor Becker for a zoning text amendment to address electronic billboards.Currently,the City Zoning Ordinance does not address electronic billboards.The text amendment would affect all zoning districts.(Staff Contact:Doug Dansie at 801-6182 or doug.dansie@slcgov.com) Administrative Petitions 3. PLNSUB2008-00902 Capitol Park Subdivision Amendment and Planned Development Amendment-The Capitol Park Home Owners Association Is requesting a street dedication and a Planned Development amendment that would transfer ownership and maintenance responsibility of the following privately owned streets Capitol Park Avenue,Penny Parade Drive,Redbrick Court,Charity Cove,and Caring Cove from the homeowner's association to the City. The subject property is located in the FR3-12,000(Foothill Residential)zone and is located in Council District 3,represented by Stan Penfold. (Staff contact:Ray Milliner at(801)535-7645 or ray.milliner@slcgov.com). Tint jdcc fr:r the uboveircnrr arc ur i,IoI,e in the Piramittg Dn'iciou gffiCcr,room-106 of the City and County Budding. Picave contact the stuffpl planner Pr information. f hrt the Planning,Divisions rmhsite at uvw.dcgor Bout C D plmmu;g Iom copies of the Maiming Commission agendas,stoj(reports.and minutes.Si rf Reports will he posted the Fi idgv prior to the treating aril nrimnuc wtl be pmt.d nra,loye.rft.,•they are ratified rm/m/c•a nznafl'acorns antra ncrl regularly ce5rritdr d mcrting of the SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City&County Building at 451 South State Street Wednesday,October 26,2011 at 5:30pnt The field trip Is scheduled to leave at 4:00 p.m. Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m.in Room 126. Work Session:5:30 in Room 326.The Planning Commission will hold a work session from approximately 5:30-6.00. During the Work Session the Planning Staff will brief the Planning Commission on pending projects,discuss project updates and minor administrative matters.This portion of the meeting is open to the public for observation. Approval of Minutes:September 14,2011 and September 28,2011 • Report of the Chair and Vice Chair • Report of the Director Work Session: 1. presentation on Westminster Master Plan which was approved and adopted by the Westminster College Board of Trustees on November 14,2010.(Staff contact:Michael Malay at 801-535-7118 or nrichael.ntaloy@sicgov.com.) 2. PLNPCM2011-00473 Conservation Districts—A request by Mayor Ralph Becker to analyze the appropriateness of treating a provision for conservation districts.The proposed ordinance would include a framework and process for creating conservation districts. It would not actually create a district.If adopted,neighborhoods would be able to go through a process for creating a district.The ability to create conservation districts would apply citywide.(Staff contact:Maryann Pickering at(801)535-7660 or maryann.pickering@slcgov.conr). Unfinished Business: 1. P LN5U82011430382 Planned Development Amendment-a request by Darlene Batalian,representing Dees Inc.,In amend a previous planned development proposal located at approximately 1345 S.Foothill Drive,In the CB,Community Business District. The property is in Council District 6 represented by lT Martin.The applicant is requesting to move and alter a legal non- conforming existing sign and to allow two signs fronting Foothill Drive.(Staff contact:Michaela Oktay at 801-535-6003 or michaela.oktay@ slcgov.com) 2. PLNSUB2008-00902 Capitol Park Subdivision Amendment and Planned Development Amendment.Tire Capitol Park Home Owners Association is requesting a street dedication and a Planned Development amendment that would transfer ownership and maintenance responsibility of the following privately owned streets Capitol Park Avenue,Penny Parade Drive,Redbrick Court, Charity Cove,and Caring Cove from the homeowner's association to the City.The subject property is located in the FR3-12,000 (Foothill Residential)zone and is located in Council District 3,represented by Stan Penfold.(Staff contact:Ray Milliner at(801) 535-7645 or ray.rn llinerislcgov curt). 3. PLNPCM2010.00032:Zoning Text Amendment,Billboards-A request by Salt Lake City Mayor Becker for a zoning text amendment to address outdoor billboards.The proposed amendment would update current regulations for outdoor billboards to make them consistent with state lap'.The text amendment could affect all zoning districts.(Staff Contact:Doug Dansie at 801- 6182 or duos dansie(Jslceov corn) 4. PLNPCM2010-00717:Zoning Text Amendment,Electronic Billboards-A r equest by Salt Lake City Mayor Becker for a zoning text amendment to address electronic billboards.Currently,the City Zoning Ordinance does not address electroric billboards.The text amendment would affect all toning districts.(Staff Contact:Doug Dansie at 801 6187 or dnug.dinsie(urslrpnv-com) Legislative Petitions: 1. PLNPCM2010-00470:Fine Tuning Historic Preservation Overlay District-a req.rest to improve the clarity of:he language relating to the Historic Preservation Overlay.It will also address several minor fine tuning text amendments in various sections of Tide 21 that reference the historic overlay.Related provisions of Title 21A-Zoring may also be amended as part of this petition.(Staff contact:Michaela Oktay at(801)535-6003 or michaela oktay@slcgov.com) Administrative Petitions: 2. PINSU820011.00418 Smith's#94 Fuel Center—A request by Jeff Randall of Great Basin Engineering South for construction of a new Smith's luel center located at approximately 479 South 600 East.The subject property is located in a CS(Community Shopping District)zoning district and is located in Council District 4,represented by Luke Garrott. (Staff contact:Maryann Pickering al(Rill)535,7660 or maryann.pirkering@slrgnv.com). 3. PLNPCM2011-00485 Volunteers of America Conditional Use-a request by Volunteers of Amer,ca for conditional use approval of a proposed residential group home in support of homeless young men.The property is located at approximately 556 South 500 East,in Council District 4 represented by Luke Garrott.(Staff contact:Casey Stewart at 801-535 6260 or casey.stewart slcgov,com) 4. PLNPCM2011-00547 Folsom Avenue Partial Street Closure-a request by Salt Lake City Public Utilities for partial street closure of right-of way property located at approximately 40 south between 1050 West and 1250 West. the subject property is located in an M-1(Light Manufacturing)zoning district,in Council District 2,represented by Van Turner.The Planning Commission is being asked to provide a recommendation to the Mayor regarding the street closure for the purpose of trading portions of land with Questar Gas to facilitate a City drainage project.(Staff contact:Casey Stewart at 801-S35.6260 or casey.stewartg slcgov.conr) ILn'fd;s inn.the nhnr,t gee,: e crrr.rly:on the Plarnrrr'p Ihr r.irnn nt,4cec,rnnn'406 oft+.'C;ty and Comfy Ihm.drg4. Main,a nrn;,ter the s:ufl'hrrur,r hu-rvfmrn,q too, l fvl dv'Miming rims:on's ac:6s Ile at In lull'drgnr(ir,r T77)'Piar:nrrg fi>r canna.,(lithe L'l:nrrar'n,(i,n,rr,nrrum ri.i,.sru/,r)rpor Is,,:r„1 neap;rt.c.S:.r!i A'rpw/saill(re',wet!IL.•Fr ki+r prim'to the na'crin.:ur„1 minute,in ill h.•posted nra,lur'r u(er rh.;r un'r,rtyie,t rrdr,,'r r'rru,A.u,,i-run the rr,alrryr,Lu'h rchi'd/de<Im,'cr.'m{Of/he Pl,rnu,n'Covumuiun P!om;ir_t Cun+n:nsiurr ller'nnvr may be watcir,d air e SLC'!I'Channel 1 7:p.i.l meetings arc recorded and of cinnod.,nd may be rir u,t'd ra a rrir efere cons SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City & County Building 451 South State Street, Salt Lake City, Utah Wednesday, May 25, 2011 Present for the Planning Commission meeting were: Chair Michael Fife, Commissioners Emily Drown, Charlie Luke, Michael Gallegos, Susie McHugh, Matthew Wirthlin and Mary Woodhead. Commissioners Angela Dean, Babs De Lay and Kathleen Hill were excused 6:08:23 A Briefing on the Billboard Ordinance was given by staff Senior Planner Doug Dansie. Mr. Dansie gave a Power Point Presentation that was recorded as part of the channel 17 broadcast of the Planning Commission Meeting, a brief summary of the presentation follows. 1) Existing policy 2) Changes in state law since adoption of 1993 law 3) Specifics of the new petition 4) Conflicting ideologies 5) Criticism of existing law 6) Policy questions a. Does City still want to keep billboards out of neighborhoods? b. Does City still wish to keep gateways clean? c. Does City wish to still prohibit boards in Downtown or Mixed use areas i. Is a Time Square feasible d. Does City still wish to reduce overall numbers? e. Are the regulations for non-electronic boards adequate f. Should conversion to electronic be allowed? g. What are appropriate regulations for either on-or off-premise electronic signs Mr. Dansie asked for direction from the Planning Commission. Commissioner Fife stated that he believed that we did not need electronic billboards or any additional signage. Commissioner Woodhead asked if it was possible to respond by email. Planning Director Sommerkorn responded that it was possible to do an online forum. Commissioner McHugh was concerned that we were starting a creating a problem to save a problem by moving billboards. Commissioner Fife stated that the freeway was resembling Las Vegas and changed the view of the City. Commissioner Gallegos stated that he had difficulty putting harsh restrictions on an existing industry without having a forum. Commissioner Luke asked what the main objective was, and asked if the Commission was getting rid of billboards because they do not like them. He stated that there were bigger problems with the beautification of the gateways than the billboards. Mr. Dansie answered that the issues were interrelated. He asked if there was a way to give the billboard industry incentive to change their billboard types. Commissioner Luke stated it was a legitimate point, but noted that he felt that restrictions would hinder the process and exacerbate the issue. Commissioner Woodhead added that she was not a great fan of billboards, however, State law created the parameters that made the decision more difficult. She asked how to make the ordinance work in a way that would not be disruptive to development. Commissioner Woodhead stated that she would like to see a reduction in the number of billboards. Commissioner Gallegos stated that he felt that there were several steps to this process, and to look at this in preliminary steps and then work together to create a whole ordinance. Mr. Sommerkorn stated that there were a number of billboards in Salt Lake City and they are not going away. He stated that they decisions need to be made as where to place other billboards, and to create a compromise with the industry. Commissioner Luke stated that if the new location was not desirable, the industry would not be willing to move their billboards. He stated that visual blight was as important as any issue related to the billboards, and if that was the true issue, it needed to be addressed. Commissioner Fife stated that the issue was to make better the City. Commissioner Luke stated that he felt that the City and the Industry proposals are too far apart and without co operation, this argument would be continued year after year. Commissioner McHugh stated that she would like to the City be able to make money off of billboards using the law of diminishing returns; she suggested that the City needed to make an incentive of enough money to move off the parcels where we could have developments instead of billboards. Commissioner Drown asked what amount of the ordinance was grandfathered and could not be changed. Planning Director Sommerkorn stated that many of the billboards we had in Salt Lake City were non conforming billboards and did not comply with our ordinance. He stated that the idea was to get the billboards out of the areas we did not want them and move them to areas to allow them to go into places that we feel are appropriate. He felt that there would be no change without negotiation. Commissioner Woodhead stated that the Commission had been notified of what the industry wanted. Planning Director Sommerkorn stated another big issue was electronic signage, and asked how the City should deal with that. Will we allow electronic billboards and where. He noted that it would probably have to address all types of electronic billboards. The Commissioners discussed the idea of the forum and stated that they would appreciate it. Planning Director encouraged interaction in a public, transparent way. Mr. Dansie added that many cities within the state had opted to say no to billboards and allow the default be state law. Commissioner Luke stated that he felt that was premature. Commissioner Fife stated that he believed that the Commission was to represent the interest of the citizens of Salt Lake. Commissioner Wirthlin stated that although he did not represent any specific area, he was working toward the betterment of the City. SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City & County Building 451 South State Street, Salt Lake City, Utah Wednesday, June 22, 2011 Present for the Planning Commission meeting were: Acting Chair, Matthew Wirthlin, Commissioners Babs De Lay, Emily Drown, Charlie Luke, Susie McHugh, and Mary Woodhead. Chair Michael Fife, Vice Chair Angela Dean, and Commissioners Michael Gallegos and Kathleen Hill were excused. 5:35:20 Work Session 5:40:19 Senior Planner Doug Dansie led a discussion on Billboards and signs. Mr. Dansie stated that there had been a briefing regarding this issue on May 25, 2011. He asked the Commissioners the following questions: 8) Should billboards be allowed to move with state law being the default, or should the City still have some receiving zone beyond state law? If the City has a receiving zone, where should it generally be located (industrial areas, neighborhood areas, etc.)? (At the May 25 meeting the Planning Commission indicated that they were interested in not letting State law be the default) e) Allow movement to any non-residential zone? f) Receiving zone in CG General Commercial or M Manufacturing zones? g) Move to CG or M zones with conditions? h) Other? • Mr. Dansie stated that whatever decision that would be made would not be a replacement for State Law. The City Ordinance would determine location and would allow relocation without having to negotiate the individual board. 9) Should electronic conversions be allowed? If so where? f) Allowed? g) Allowed only in non-residential zones? h) Allowed only in CG and M zones? i) Allowed with conditions (i.e. removal of non-conforming or other boards)? j) Other? Commissioners' response: Commissioners McHugh and Woodhead both felt that d would be their preference to allow boards in certain zones and under certain conditions. . , Commissioner Luke stated that he preferred b, allowed in non-residential zones. Commissioner Wirthlin stated that he would like to see honest input from the industries if incentives would have made a difference. 3. Should conversion be based upon one to one square footage ratio or based upon a higher ratio; or a combination of the two, depending on what boards are being converted? e) One to one? f) Two to one? g) Higher than two to one? h) One to one if the board is being removed from residential (or neighborhood commercial) zones and higher if being removed from other zones? i) Other? Commissioners' response: Commissioner De Lay stated that she did not feel that there had been enough information regarding a square foot ratio trade off to make a decision. Mr. Dansie asked for clarity on what level of trade the Commissioners would be comfortable with. 11114, Commissioners Wirthlin and Woodhead suggested that a 2:1 ratio would be a good start. Commissioner Drown asked if when something is converted, theoretically from the standard billboard to an electronic billboard, the billboard would be taxed at a higher rate. Mr. Dansie responded that if the value of the structure went up, it would be. Commissioner Drown asked if the tax was based on the fact that an electronic billboard can change multiple times, which would increase its profitability. Mr. Dansie replied that it was based on the value of the structure. Planning Manager Joel Paterson added that the structure for an electronic board would be more expensive than a regular board and clarified that billboards are taxed as personal property and not real property. Mr. Dansie made it clear that the industry does pay income and sales tax. 4.) Should boards that are non-conforming for specific reasons (spacing, residential location, etc.) be allowed to convert? d) Allow all to convert? e) Do not allow non-conforming boards to convert? f) Other? . , Commissioners' response: Mr. Dansie clarified that this was for electronic conversion. Commissioner Woodhead stated that the answer should be "b", no. She stated that was the point of non conforming. That would be contravention of what the City though the policy was, about where they should be and allowing them to convert made them more likely to stay where they were. Commissioner Wirthlin agreed. 5.) Should Gateway provisions be preserved as is or should they be modified to more effectively encourage the removal of certain boards (such as those on 500 and 600 South)? Should movement and/or conversion be targeted or at least be "like for like"? d) Eliminate gateways? e) Allow conversion on freeways if non-conforming or on-ramp boards are removed? f) Other? Commissioners' response: Commissioner Wirthlin asked if the Planning Commission still was in favor of Gateways. Commissioner Woodhead asked if it would be possible to trade Gateways to the West side of the freeway. Mr. Dansie responded that staffs intention was to trade Gateways for Gateways, to trade "like" for"like". Commissioner Wirthlin stated that this had been long standing City policy, and he did not see the City walking away from the Gateway idea. Commissioner De Lay and Wirthlin suggested that "b" allowing conversions on freeways if non-conforming or on boards removed from freeway ramps was the best suggestion. Commissioner Wirthlin asked Mr. Dansie asked if there were other high priority billboards to remove that could be added to the suggestions of 500 and 600 South. Mr. Dansie responded that 600 North 900 South off ramp, residential boards, or CN boards could be added. He asked the Planning Commission if they would want to see a non-conforming board on a crowded commercial street. Commissioner De Lay stated that if there were fewer boards on residential streets then absolutely. Commissioner Luke said he felt the chances of compromise were greater if the industry had more options. Mr. Dansie responded that out of the six residential billboards in the City, four were located on land owned by the billboard company, and one was for sale. Therefore, if the billboard company owns the sign and the land there would be less incentive for them to move. Commissioner Luke offered that if there were other incentives, through conversion or otherwise, then the industry would potentially still change their mind. Mr. Dansie clarified that conversions, particularly on the freeway in exchange for removal of specific things elsewhere would be a good balance in order to remove the signs that they truly want removed, as opposed to just removing anything. Commissioner De Lay stated that she believed that the conversion to electronic boards would definitely be incentive enough for the billboard companies to move the residential signs. Mr. Dansie asked if the idea of moving billboards and allowing them to convert to electronic based upon a ratio and a priority system based on what signs are the most desirable to move first, would be acceptable. Commissioner De Lay asked if there was a list. 6.) Should urban design and/or removal of impediment to development be used as an incentive to the conversion process (require to be part of building architecture, etc.)? d) Do nothing? e) Allow conversion in Downtown or on Special Gateways if the new electronic board is part of the architecture? f) Allow conversion to electronic only if boards (residential, non-conforming, etc.) are removed first? g) Other? Commissioners' response: Mr. Dansie explained that his intention was that if a billboard was part of the architecture, they would allow an existing sign to convert to electronic. Commissioner Wirthlin stated that he felt that had possibilities and asked for a draft to look at. 7.) Direction regarding electronic signage in general (interactive, timing, size, location, etc.) f) Should there be limits on size depending on zoning district? g) Should the percentage of the sign that is electronic be limits? h) Should there be limits on motion - animation? i) Limits on lettering size for readability - are there legal issues? j) Other? Mr. Dansie stated that whatever decision that would be made would not be a replacement for State Law. The City Ordinance would determine location and would allow relocation without having to negotiate the individual board. `'Commissioner response: Commissioner De Lay stated that in regard to "a" there should be limits on size, regarding "b" seemed to be that they should be entirely electronic or not electronic. Mr. Dansie stated that in fact, there were signs that had a large percentage that were fixed images, adding that this applied to on and off premise signage. He clarified that in CN zones, there could possibly be percentage restrictions on fixed versus electronic portions of signs. Commissioner De Lay asked if in regard to "c" was there not a prior ban on motion/animation. Mr. Dansie replied that that the issue was mostly in regard to on premise signs and that the ban needed to be explicitly stated. Commissioner Drown asked if there was a limit to how many electronic billboards could be within 500 feet. Mr. Dansie stated that there can only be one billboard every 500 feet, however, there is no limit to how many on premise signs that could be between them. He stated the issue would be the possibility of too many electronic signs with too much animation. Commissioner McHugh asked if animation could include live feed. Mr. Dansie stated that it was very limited to a television station. Mr. Dansie asked if the Planning Commission would be interested in limiting the size of lettering and readability. The Commissioners asked if there were any complaints regarding lettering size being distracting. Mr. Dansie responded that there had been and stated an example of a hospital sign in Sandy that said "look closer" forcing driving to look at small text. Commissioner Wirthlin stated that he appreciated the hard work that Mr. Dansie had put into this issue. Commissioner De Lay said that she hoped that there were methods being created to ensure enforcement on the new rules, and suggested that the City made sure that the billboard companies were paying accurate taxes. 6:30:31 Mr. Dansie led a discussion regarding Chapter 21A.59 Conditional Building and Site Design Review process. Mr. Dansie gave a presentation that was recorded as part of the Channel 17 broadcast of the Planning Commission meeting. The following points were made by Mr. Dansie: • 1995 Salt Lake City rewrote the zoning code. Form based zoning was used where the zoning code defined what a building would look like and focused less on the use. • 2005 a Walkable Communities Ordinance that included more design issues. • Present intent, to remove anything that was not a "use" and create a new section and new process for site design. SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City & County Building 451 South State Street, Salt Lake City, Utah Wednesday, September 28, 2011 Present for the Planning Commission meeting were Chair Michael Fife, Vice Chair, Angela Dean, Commissioners, Babs De Lay, Kathleen Hill, Michael Gallegos, Matthew Wirthlin and Mary Woodhead. Commissioner Emily Drown, and Charlie Luke, were excused Public Hearings PLNPCM2010-00032: Zoning Text Amendment, Billboards - A request by Salt Lake City Mayor Becker for a zoning text amendment to address outdoor billboards. The proposed amendment would update current regulations for outdoor billboards to make them consistent with state law. The text amendment would affect all zoning districts. (Staff Contact: Doug Dansie at 801-6182 or doug.dansie@slcgov.com) PLNPCM2010-00717: Zoning Text Amendment, Electronic Billboards - A request by Salt Lake City Mayor Becker for a zoning text amendment to address electronic billboards. Currently, the City Zoning Ordinance does not address electronic billboards. The text amendment would affect all zoning districts. (Staff Contact: Doug Dansie at 801- 6182 or doug.dansie(a slcgov.com) Chairperson Fife recognized Doug Dansie as staff representative. Mr. Dansie stated that staff had received a lot of emails in the prior 24 hours. Mr. Dansie stated he would like to clarify the difference between electronic billboards and on- and off- premise signs. Mr. Dansie stated that most emails received were in regard to on-premise signage.He summarized some of the comments, which were: "We purchased our sign with the intent to use full animation," Mr. Dansie answered that animation had not been allowed on any sign in Salt Lake City in any zone since 1995. He said that animation had been prohibited in specific zones as far back as 1955. Commissioner De Lay asked why animation was on so many signs. Mr. Dansie stated that it was not a change in policy, and the issue with the existing signs was an enforcement issue. The City has active enforcement actions against some of the most egregious violations, specifically on-premise signs that are advertising things off- premise. Mr. Dansie reiterated that these items were not a change in policy. Animation had not been allowed for 16 years. Mr. Dansie read a comment that questioned the eight second hold time. He said that he believed that there was confusion from many of the letter writers that assumed that the eight second hold time was a maximum hold time, when in reality it was a minimum hold time. Mr. Dansie added that the eight seconds was an industry standard, and that was the rational for its usage. Mr. Dansie addressed the concern that the changes would render the business owners . investment obsolete. He answered that the City was not banning electronic signs, but rather defining the parameters. A concern was that the steady burn of the LED's would accelerate the need to repair the sign or replace the signs. Mr. Dansie clarified that the eight second hold time came from the industry, so the logic was that it would not create an unexpected increase in any repair. Mr. Dansie stated another concern was that the changes would damage the ability to use the sign in the manner that was initially intended. Mr. Dansie responded that animation has not been a permitted use for 16 years. Mr. Dansie added that there was criteria in the ordinance for electronic changeable copy that was written in the 1970's to deal with lights. the ordinance as it currently stands, says that the image has to become visible "in full" in three seconds. The reason was that cars would not slow down or speed up in accordance to the change of the signs. This ordinance was written to allow the message to be up and readable and not have multiple messages. Another email asked the City to not treat on- and off-premise signs in the same fashion. It asked that all of the regulation regarding on-premise signs be eliminated with the exception of the criteria for the brightness. Mr. Dansie stated that off-premise signs are not the same as on-premise signs, every business needs to have a sign, they do not necessarily need a billboard. The Supreme Court has backed that decision. Mr. Dansie added that he received an email from the Airport, requesting that all of their signs be allowed to be 100% electronic signs. Mr. Dansie discussed public safety and electronic signs. Mr. Dansie discussed off-premise signage. He discussed the difference between gateway and special gateways. Special gateways consist of State Street, Main Street, 400 South, and North Temple Street. Historically these gateways function as a closed bank, meaning billboards could not be imported or exported, but billboards could be moved around within the special gateway. Other gateways are freeways, and Foothill Blvd. Four categories were created out of these two items to better address individual needs. Mr. Dansie stated that the City would allow relocation according to State and Federal law. Moves will be allowed to the general commercial and manufacturing zones with the exclusions. Mr. Dansie said that relocation would be limited in the Downtown and the Gateway zoning districts and on special gateway streets so that billboards could only be moved around if the sign is being converted to electronic and you are integrating into the architecture of a building. New billboards are prohibited;only relocation is allowed. Changeable copy is defined in terms of electronic billboards, spacing is clarified, and enforcement is clarified. Any billboard located in a residential, a CN or a CB zoning district, and all gateway streets, e.g., Foothill, those billboards could move to CG and M zoning districts and convert to electronic billboards on a 1 to 1 basis. The intent is to provide a bonus to move the billboards to less sensitive areas. Billboards that are presently in the CG and CS would be allowed to convert to electronic, but only if they remove an equivalent billboard elsewhere. Mr. Dansie said that billboards on freeways would be allowed to convert to electronic, but only if they remove an equivalent amount of square footage from a City entry e.g., 5th and 6th South Off-ramps, or a boulevard street or in the residential or neighborhood commercial areas. From the direction of the Planning Commission, the geographic area was expanded. Special gateway streets could be converted to electronic if they remove an non-complying billboard square footage on a 2x1 basis. Special gateways consist of State Street, Main Street, 400 South and North Temple Street and if they integrate into the architecture of a building in the D-1 district. Questions from the Commissioners: Commissioner Wirthlin asked for clarification regarding on-premise electronic signs, specifically motion, brightness and size. He asked if the status quo was not being changed, but clarified. Mr. Dansie responded that was accurate. Commissioner Hill asked how many electronic signs were located within the City. Mr. Dansie said that there may be up to 90 electronic on-premise signs, but none should be affected by the change as long as they are in compliance. He stated that the only ones that would be effected would be the ones which were non-compliant. Deputy City Attorney Lynn Pace answered that the ordinance is prospective only. It would not affect any legal existing sign. If you have a legal sign that is different than the ordinance, it will not be impacted because the ordinance is not retroactive. Land Use Attorney Paul Nielson added that Commissioner Gallegos had recused himself from the item due to a conflict of interest. Comments from the Public The following people spoke in OPPOSITION to the ordinance, J. Michael Place, Western Nut Company; Robert Tingey, General Council Energy Solutions Arena; Jared Johnson, YESCO; Tye Dato, Daktronics, Inc; Jeff Young, YESCO; Paul Young, YESCO, Morgan Philpot, legal counsel, Reagan Signs; Dee Park, Jeff Krantz, Robert McIntyre, Kyle Deans, Tyler Steenblik, and Michael Wardle. The Following points were made: O Hold times of 8 seconds will significantly reduce our ability to communicate meaningful messages to our customers. o The message travel feature of signs is essential to conveying messages. O Advertising is an essential part of business success and cannot afford to substitute other means of communication in order to convey our full message and attract business. • Requiring that signs be turned off at night is unacceptable. • Sales prove the value of electronic signage. Any ordinance change that would diminish the effectiveness of our electronic sign would have a significant dilatory effect on our business, even potentially to the extent of forcing us to close our doors. • If a sign is small, and the words necessary to convey the message would not fit on the sign, it would require a purchase of a new, and larger sign in order to comply with the 8 second hold, this is not an acceptable requirement. • Annual reporting and brightness testing is absurd. It is expensive and unfair to small businesses. • The signs are not a safety issue, and no accidents have been attributed to many of the signs in question. • Signs were purchased with the intent and ability to use full animation. • A change to static images and hold times of 8 seconds will reduce the sign's value significantly. • This change would damage our ability to advertize our products and services as a business. • It would dramatically impact what and how we communicate to our customers, a free speech issue. • It would tend to weaken advertising impact, requiring additional investment in other advertising media • We reach hundreds/thousands of customers as we advertise overnight • Invested expense in current programming would be rendered obsolete • We have not seen any increase in accidents due to the sign at our place of business. • We have customers making positive comments about our sign all the time, they """'"''° don't have a problem with it. o The messages we want to communicate won't fit on our current sign unless we "travel" the message and/or change the text quickly. • If the words we want to use won't fit our sign, it could necessitate the purchase of a larger sign. o Expensive reprogramming would be required. • Annual reporting and brightness testing is an added expense we cannot afford to do. • Constant "steady burn" of diodes will shorten their useful life. • Steady burning of the LEDs would accelerate the need to repair the sign. U Steady burning of the LEDs would accelerate the need to replace the sign in the future. o It would damage our ability to use the sign in the way it was initially purchased. • It would damage our ability to use the sign as it has been operated since it was installed. o Converting to digital signs will be difficult. G The map needs clarification. Questions from the Commissioners: Chairperson Fife asked CED Frank Gray if he thought the amendments would harm small businesses. Mr. Gray detailed the City's purpose in amending this ordinance. Mr. Gray stated that as a community, we are very supportive of small business and the City is supportive of helping people find and locate the businesses they are seeking. The sign ordinance was constructed in such a way that businesses can be identified and located. Hundreds of millions of dollars a year are spent on roadways trying to make them safe, in that regard, the right signage, the right lanes, the right stop lights are all considered to make certain the safety of the citizens, and make sure their focus is on the road. These signs are intended to take the attention away from the road and read the sign. Mr. Gray stated that there was an exponential proliferation of electronic signs going on. The Boulevards are becoming confusing places where individual businesses are lost because so many people are trying to get the consumers attention. The purpose of the sign ordinance was to allow clear and specific identification of businesses, not to be advertising bulletin boards in a confusing morass that detracts from the safety of the City. Mr. Gray addressed the specifics of the difference between on- and off-premise signs and could there be differential standards. Mr. Gray stated that the change of the sign should be one for every car pass. Therefore, speed of the street and the change of the message could be joined together. Chairperson Fife asked if scrolling could be allowed. Mr. Gray answered that a scrolling sign is considered an animated sign, and therefore was not permitted. Commissioner De Lay asked how enforcement has been handled, and how many fines and tickets had been issued. Mr. Gray answered that the City enforces on a complain basis, when the complaint is made, the City investigates the violation and then works with the property owner to fix the violation. This is successful 80% of the time. Commissioner De Lay asked if the signs were then taken down. Mr. Gray responded that usually they were not animated any longer. Commissioner De Lay asked who did the enforcement and how many employees there were. Mr. Gray responded that there were eleven enforcement officers. Commissioner De Lay asked who would do the annual verification. Mr. Gray answered that the annual verification was the responsibility of the sign owner. The requirement would be a certificate issued at the time of installation, done by a registered lighting engineer. There will be a registered lighting engineer on call that could determine if there was a violation. Commissioner De Lay questioned the expectation of having a small business have to pay for a registered lighting engineer. Deputy City Attorney Lynn Pace added that State law requires a uniform illumination standard, regardless of what would be done with the animation and electronic issues, the lighting standard has to be uniform. There has to be an enforcement mechanism to follow up on complaints. Commissioner De Lay asked for data regarding safety issues and accidents regarding these signs. Mr. Gray responded that the City did not collect such data. The reason was because that was not what a police officer would ask. Vice Chair Dean was concerned about the differences in functionality and how to maintain fairness between on- and off-premise sign regulation and not hurt small businesses. Mr. Dansie replied that the ordinance as it is now, was created in part because of input that had been given during the whole process. The message was if the rules were for one, why weren't the rules the same for the other. The 8 second rule is based on the premise that if you drive by it once, you see the message once. Vice Chair Dean stated that the City did not want to encourage small businesses to trade in their small signs for large ones. She added that addressing the size issue was important in keeping signage subtle and not eye sores, while enabling small businesses to get their messages across. Commissioner Woodhead asked if it would be appropriate to send the ordinance back in order to get a matrix back based on sign size and dwell time for the on-premise signs. '"""' Deputy City Attorney Pace, said that distinguishing between locations in addition to sign size could be taken into consideration. He said that what the issue really was the electric sign technology and everyone trying to get attention for their sign. The value of having some uniformity is that it eliminates the competition of"one upping" each other on the street. The concern is that the distinctions are made depending on the character of the neighborhood and the safety of the motorists. Mr. Gray added that they would be happy to provide a matrix of type of street, size of sign, legibility of lettering, minimum and maximum, size of lettering. What percentage of sign could be electronic, and provide some standards. Vice Chair Dean asked for thoughts on separating the the standards for on- and off-premis signs in the ordinance. Mr. Dansie responded that separation was where the ordinance started out, but since the idea of fairness came into play, the Commission and Staff made a conscious decision of dealing with the whole electronics issue together. Mr. Pace added that this issue came before the legislature, and the legislature's response to this concern was to pass a bill that said that lighting standards have to be uniform. Vice Chair Dean asked about the grandfather clause. Amok Mr. Pace responded that the issue was unclear in the ordinance and that it would be fixed. " ' 7:23:03 Motion Commissioner Dean made the motion in regard to PLNPCM2010-00032 Zoning Text amendment, Billboards and PLNPCM2010-00717 based on the staff reports, testimony and presentation of staff, I move that the Planning Commission forward a positive recommendation to the City Council to approve supplementary zone text amendments associated with petitions PLNPCM2010- 00032 and PLNPCM2010-00717 as outlined in the draft ordinance. In addition, the airport zone will be added to the 100% category, and remove 7-c requirement for an annual report, and require an installation certificate to verify compliance with the ordinance, additionally upon complaint. Commissioner Woodhead seconded the motion. Vote: Commissioners De Lay, Hill, Wirthlin all voted "no", Commissioners Woodhead and Dean voted "aye". The motion failed. Commissioner Wirthlin commented that he felt that the Planning Commission was biting off more than it could chew with this ordinance. He stated that he did not feel that the ordinance accomplished what they had wanted it to. Commissioner Wirthlin felt that the issues should be separated and dealt with independently. He also indicated that he would like to see a PowerPoint presentation. 7:41:03 Motion Commissioner Wirthlin made amotion to continue the matter and the discussion before the Planning Commission based on the direction given to staff to present additional information as discussed tonight. Seconded by Commissioner Woodhead Vote: Commissioners De Lay, Hill, Wirthlin, Woodhead, and Dean all voted "aye". The motion passed unanimously. Remarks: Petition No: PLNPCM2010-00032 ___] By: Salt Lake City Waw i g--lailigcn nuUO'r Amend the Sign Ordinance relating to Outdoor Advertising Date Filed: January 11, 2010 Address: Citywide PLN 2,0lD -00'03 Z ,"" ' . ,,,,, �NO Petition Initiation • 'sf?iTl7=5,1'.1;IfL' �mm;.:._CCm Re u e s t ,, +�• nlglll��' ,,, ,,,,,„,,, Planning Division Community&Economic Development Department To: Mayor Becker From: Wilf Sommerkorn, Planning Director VI Date: January 7, 2010 cc: Frank Gray, Community and Economic Development Director; Mary De La Mare-Schaefer, Community& Economic Development Department Deputy Director; Pat Comarell,Assistant Planning Director; Cheri Coffey, Planning Manager;file Re: Initiate Petition to amend the Sign Ordinance relating to Outdoor Advertising. This memo is to request that you initiate a petition requesting the Planning Division to analyze the appropriateness of amending various sections of the City's Sign Ordinance, Chapter 21A.46, relating to Outdoor Advertising. The purpose of the request is to ensure the regulations are consistent with state code revisions that have been adopted over the last several years and to analyze issues of electronic billboards,which our current regulations do not address. As part of the process, the Planning Division will follow the City adoption process for zoning text amendments which includes citizen input and public hearings with the Planning Commission and City Council. If you have any questions, please contact me. Thank you. Concurrence to initiate the zoning text amendment petition as noted above. /,; / ///�f 09' Ralph Becker, Mayor Date co Page 1 FRA �gats� I F K R SCANNED�p TO: DIRECTORRAY "�•� �M(� C:Um DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT OFFICE OF THE DIRECTOR DATE. i/ .Y DE LA MARE-SCHAEFER i ,n/14/j DEPUTY DIRECTOR ROBERT FARRINGTON, JR. DEPUTY DIRECTOR CITY COUNCIL TRANSMITTAL nn nI7 fJ L! 5 NOV Date Received: 2011 avid eritt, Chi f Staff By Date Sent to City Council: f • TO: Salt Lake City Council DATE: November 9 2011 Jill Remington Love, Chair J/ I FROM: Frank Gray, Community & Economic LAI / Development Department Director SUBJECT: City Front Partners, LLC requesting a Housing Trust Fund Loan in the amount of $265,000 at 2% over 15 years to convert retail space at the Citifront Apartments located at 600 West North Temple, SLC UT. The project consists of converting approximately 3,500 square feet of existing retail space into six (6) apartment units ranging in size from 518 square feet to 768 square feet. STAFF CONTACT: LuAnn Clark, Housing &Neighborhood Development Director, at 535-6136 or luann.clark@slcgov.com ACTION REQUIRED: Adopt the attached Resolution authorizing the Mayor to sign a loan agreement with City Front Partners LLC. DOCUMENT TYPE: Resolution BUDGET IMPACT: None DISCUSSION: Issue Origin: City Front Partners LLC is requesting a loan to convert approximately 3,500 SF of existing retail space at the Citifront project into six (6) apartment units ranging in size from 518 to 768 SF. This space is located on the ground level west side of the Citifront apartment community. By converting the space, Citifront is still able to maintain 9,500 SF of retail space, plus improve upon Salt Lake City's affordable housing goals. Citifront currently contains 155 apartment units and 13,000 SF of retail space. To complete this project, City Front Partners LLC is asking for a $265,000 Housing Trust Fund loan at 2% interest for fifteen(15) years. 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 145466, SALT LAKE CITY, UTAH 84114-5486 TELEPHONE: B01.535-6230 FAX: S01-535.6005 WWW.SLCGOV.COM/CEO h nccrccc PnP[w The apartment community has performed well, averaging above 92% occupancy during its existence, and is currently over 95% occupied. Of the 155 units, 87 are designated to 60% of the median income, with nine units designated to 50% of median income and the remaining units at market rates. This plan would incorporate an additional six units on the ground level, west side, which would be rented at 80% of median income. The small grocery mart would stay in place and the two other tenants will be relocated to the retail space on the 600 West side of the building. Citifront was developed in 2001 under the Gateway District Master Plan and RDA. It is a mixed use development incorporating market rate and affordable apartment units, along with ground level retail space. Because of the lack of parking and the location of this 3,500 SF of retail, the leasing of such space has been extremely difficult and created a cash flow problem for the partners. By converting the retail space into apartments,the overall unit count will increase to 161 with nine units at 50%AMI, 87 units at 60%AMI, six units at 80%AMI (the units being converted), and 59 units at market rates. Independent of all other units, these six units will maintain a projected cash flow resulting in an NOI of$31,950 annually. This cash flow bolsters the projects overall returns, and better utilizes space that will otherwise sit vacant. Analysis: The project is currently encumbered by $11,855,532 of secured debt in first through fourth positions. Salt Lake City has a Housing Trust Fund loan with City Front Partners LLC in the amount of$1.5 million, and an RDA loan, both of which are in third and fourth positions. The $1.5 million loan is deferred and payments begin in September 2014. The loan funds would be used for the construction of the conversion from retail to apartment space. Recommendation: A. Housing Trust Fund Advisory Board's Recommendation On November 3, 2011, the Housing Trust Fund Advisory Board unanimously voted to recommend approval of this loan request with the following stipulations: 1. That the entire loan amount of$265,000 at 2%over 15 years will be tied to a cross default clause in the contract stating that should City Front Partners LLC default on any one of their current city note obligations, that all notes will be considered in default. B. Mayor's Recommendation Mayor Becker reviewed this issue on November 7, 2011 and recommended approval of the loan as approved by the Housing Trust Fund Advisory Board. RE: Citifront Apartment Retail Conversion Project Page 2 of 3 The City currently has $3,716,000 in the Housing Trust Fund and $564,259 in the RDA Housing Trust Fund. Funding this project from the Housing Trust Fund account would leave a fund balance of$3,451,000. PUBLIC PROCESS: The Housing Trust Fund Advisory Committee held a public meeting and reviewed this request on November 3, 2011. RELEVANT ORDINANCES: Chapter 2.80 of the Salt Lake City Code: Housing Trust Fund Advisory Board Resolution #47 of 2005: Housing Trust Fund Appropriations and Loan Criteria RE: Citifront Apartment Retail Conversion Project Page 3 of 3 RESOLUTION NO. OF 2011 AUTHORIZING A LOAN FROM SALT LAKE CITY'S HOUSING TRUST FUND TO CITY FRONT PARTNERS LLC FOR THE CITIFRONT APARTMENT PROJECT WHEREAS, Salt Lake City Corporation (the City) has a Housing Trust Fund to encourage affordable and special needs housing development within the City; and WHEREAS, City Front Partners, LLC, ("City Front") has applied to the City for a loan from the City's Housing Trust Fund in order to convert 3,500 SF of existing retail space into apartment space at the Citifront Apartment Project located at 600 West North Temple in Salt Lake City that will consist of six (6) apartment units, all of which are affordable rental housing units for residents at 80% of the City's area median income or lower; and WHEREAS, the City Council has studied the matter and has decided that this resolution is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah as follows: 1. The City Council does hereby authorize the City to enter into a loan agreement with City Front Partners, LLC, to provide City Front with a $265,000.00 loan (the "Loan") from Salt Lake City's Housing Trust Fund with the understanding that such funds will be used to convert existing retail space into six (6) apartment units at the Citifront Apartment Project at 600 West North Temple, Salt Lake City, Utah. 2. The provisions of the Loan shall provide for a loan term of fifteen (15) years during which time interest shall accrue at a rate of two percent (2%) per year. 3. Ralph Becker, Mayor of Salt Lake City, Utah, following approval of the City Attorney, is hereby authorized to execute the requisite loan agreement documents on behalf of Salt Lake City Corporation and to act in accordance with their terms. Passed by the City Council of Salt Lake City, Utah, this day of , 2011. SALT LAKE CITY COUNCIL By: CHAIR ATTEST: APPROVED AS TO FORM SALT LA CITY ATTORf,I ' OFFIC BY: �� DATE: till, C/I� CHIEF DEPUTY CITY RECORDER • EVALUATION SALT LAKE CITY HOUSING TRUST FUND Name of Organization: City Front Partners, LLC Name of Project: Citifront Location of Project: 600 West North Temple, Salt Lake City, Utah 84103 Project Description: Conversion of approximately 3,500 SF of existing retail space at the Citifront project into six (6) apartment units ranging in size from 518 to 768 SF. This space is located on the ground level west side of the Citifront apartment community. Citifront currently contains 155 apartment units and 13,000 SF of retail space. AMI Targets # of Units Unit Type Rents 80% 6 1 Bedroom $750 Amount and terms requested: $265,000 at 2% for 15 years. Is the entire project eligible for Housing Trust Fund money? Yes—Salt Lake City currently has a Housing Trust Fund loan with City Front Partners LLC in the amount of $1.5 million. Loan is deferred and payments begin in September 2014. Are the funds leveraged with non-government dollars? SOURCES OF FUNDS - Permanent Financing: 5tn Mortgage $265,000 TOTAL $265,000 USES OF FUNDS Rehabilitation/Construction Costs $255,000 NE, Permit and Other Fees $10,000 TOTAL $265,000 Costs per unit: $44,166.67 Does the requesting agency have sufficient cash flow to repay the loan? Yes. Cash flow was figured on just these six units supporting the loan. These units will stand alone from the rest of the project. Does the project have demonstrated community support? Yes Does the requesting agency have a track record of owning, operating and maintaining this type of housing project? Yes—they have owned and managed the existing project since 2003. The 1 retail space on the west side ground level has been difficult to lease since inception due to both Amok the location and construction in and around the North Temple area. The apartment community has performed well, averaging above 92% occupancy. It is currently 95% occupied. Does the project meet the requirements of LEED Standards in City Funded Construction (Chapter 18.95 adopted in 2006)? N/A. This project consists of approximately 3,500 SF which is under the 10,000 SF requirement to be LEED certified. It will, however, be designed to be energy and noise efficient, including appliances, heating and air conditioning systems. Housing Policies and Preferred Housing Criteria for City-funded Projects This project meets the following new housing policies currently being reviewed by the City Council: Creation of a variety of city-wide residential housing units, including affordable housing Proximity to mass transit, retail and commercial services Housing units that are consistent with the Federal Americans with Disabilities Act New housing development within the Downtown area Project Strengths: This is an established project with a solid history of performance. The current owners have a history of running the project. "" The project cash flows and allows for repayment of the loan. Aikode Salt Lake City is currently involved in the Citifront Project. Increase the city's net housing stock. Project Weaknesses: The loan would be in fifth position. Board Options Approve the request as presented. Deny the request. Trust Fund Balances: RDA Housing Trust Fund--$564,259 Housing Trust Fund--$3,716,000 2 HOUSING TRUST FUND ADVISORY BOARD Meeting of November 3, 2011 The following board members were in attendance: Michael Brough, Stephanie Jensen, Rick Knuth, Elly Muth, Faina Raik, and Shawn Teigen. Staff members in attendance were LuAnn Clark, Director of Housing and Neighborhood Development, Michael Akerlow, Deputy Director of Housing and Neighborhood Development, Sandi Marler, CD Programs Administrator, Steven Akerlow, Housing Development Programs Specialist, and Jan Davis, Administrative Secretary. Chairperson Shawn Teigen called the meeting to order at 12:15 p.m. The Board unanimously motioned to approve the June 2, 2011 minutes. Shawn Teigen welcomed the Board members to the meeting. New Board member, Ms. Stephanie Jensen introduced herself and briefed the Board on her work experience. Consider a request from Volunteers of America, Utah for a HOME grant in the amount of$100,000 to acquire and renovate the group home located at 556 South 500 East. The project consists of renovating 12 units/14 beds of transitional housing for men ages 18-24 who are homeless. Ms. Kathy Bray, President & CEO of Volunteers of America, Utah was present to provide details and answer questions pertaining to the request. Ms. Bray said that the requested funds would assist their organization to develop a new transitional home for young homeless men. Ms. Bray said that the Salt Lake City Planning Commission approved the zoning conditional use permit and that they have secured a HUD grant for $833,000 to purchase and rehab the property. Ms. Bray said that the HTF funds will be used to help purchase and remodel the property. Ms. Bray stated that they have acquired funding from private foundations and individuals and that additional funding is being solicited. Ms. Bray said that the transitional home will consist of 12 units/14 beds and will be based on the transitional home for females currently being operated by VOA. Ms. Bray said that the VOA served over 1,000 homeless youth at their drop-in center in fiscal year 2010- 2011. Ms. Bray said that the transitional home will be staffed 24-hours per day/7 days a week focusing on education, employment, permanent housing and providing supervision, as many of them have no parental support. The Board inquired about the length of stay for the transitional housing. Ms. Bray said that based on the transitional home for females, lengths of stay vary. Some of the youth are in a better position to move forward toward self sufficiency in a few months and others stay closer to the two year maximum stay. The Board asked about the rehab of the property. Ms. Bray described the rehab that will consist of the property being handicap accessible by building a ramp on the front of the house and renovating the bathroom on the first floor to handicap accessible standards. The kitchen will be remodeled creating an open space into the dining area in the back of the house. A new air conditioning system will be installed. The Board asked why the VOA selected this house. Ms. Bray said that the house already exists as a boarding house with bedrooms and multiple bathrooms so there limited remodeling will be required for the transition. Ms. Bray said that the location is a plus as the TRAX station is two blocks north and there are bus lines available. The Board asked about the structure of the request as a grant and if the HTF Board is allowed to consider this as a grant. Ms. LuAnn Clark said that the HTF is allowed to consider approving a grant for the project. She pointed out that funding for this project will come from the City's HOME allocation. Ms. Clark said that most of the requests that are presented to the Board are for HTF dollars which are Non- Federal dollars. Ms. Clark reminded the Board that the annual review of HOME funds falls under their purview, and that based on the criteria of the request, the funds could be approved as a grant. Ms. Clark stated that they had recommended funding for affordable housing match funds from the City's HOME funds last December, to be set aside for special needs housing, like this project, throughout Salt Lake City. Ms. Clark indicated that the project will never cash flow and to be able to repay the loan but the project will be monitored with a restriction that if the VOA discontinues transitional housing at this site, the money would have to be repaid to the City. Ms. Clark stated that since this project has other HUD monies invested in it, funding the project with HOME dollars will not place additional federal restrictions on the project. The Board inquired about the homeless youth and their special needs. Ms. Bray briefed the Board on the needs of the homeless youth and how the transitional housing will provide the youth with long term stability and help prevent them from becoming part of the chronic homeless population. Ms. Bray said that the youth will be screened for housing at their Homeless Youth Resource Center and that they will be looking for youth who are ready to engage in education and employment. Rick Knuth motioned to approve the request as submitted for $100,000 in the form as a grant. Michael Brough seconded the motion. All voted "Aye." The motion passed. Consider a request from City Front Partners, LLC, for a loan in the amount of$300,000 at 2% over 15 years to convert retail space at the Citifront Apartments located at 600 West North Temple. The project consists of converting approximately 3,500 SF of existing retail space into six (6) apartment units ranging in size from 518 SF to 768 SF. Mr. David Galvan, from NeighborWorks Salt, one of the partners of City Front Partners, LLC, and Mr. Bernardo Flores, Architect, were present to provide details and answer questions pertaining to the request. Mr. Galvan stated that the Citifront apartments is a 155 unit mixed- income project on the corner of 600 West and North Temple. Mr. Galvan said that 87 units are 60% AMI, 9 units are 50% AMI, and the remaining units are market rate units. Mr. Galvan said that the property is located by the freeway, fronts North Temple, and is not favorable for retail use making it very difficult to lease. Mr. Galvan said that the retail space consists of 13,000 sq. ft. and City Front Partners is requesting to convert approximately 3,500 sq. ft. into residential housing at 80% AMI, leaving 9,500 square feet of retail space fully functional. The Board asked if the retail tenants agreed to be relocated. Mr. Galvan said that the tenants have agreed to be relocated. A discussion followed regarding the terms of the loan and that the loan would be in fifth position. The Board expressed concern regarding the fifth mortgage but agreed that the purpose of the loan is to provide the necessary funding for affordable housing. When the property was initially built, it was designed to have mixed-use with retail and residential space working together. Members of the Board asked if the conversion of retail space into residential space might be premature considering the development of the extended TRAX line and the significant upgrades toNorth Temple. Mr. Galvan said that the issue for retail has been and will continue to be no parking, particularly the retail units on North Temple. Mr. Galvan said this is a constant challenge for retail businesses. Mr. Galvan said that the residential component of the Citifront Apartments is very successful, but the retail has not worked. The Board inquired about the occupancy of the current 155 apartments. Ms. Sandi Marler stated that the apartments are currently 95% occupied. Mr. Galvan replied that the occupancy rate is consistent at the 95% level. The Board asked if the request could compromise the original intent of the plan. Mr. Galvan said that the property is zoned for mixed-use and that there is no on-going agreement stating that a specific percentage of retail use is required. Mr. Galvan indicated that there will still be retail space in the project. 2 Mr. Galvan said that the project meets the housing policies established by the City. The Board agreed that there is a strong rental market for people that cannot afford market rate rents. . Ms. Clark stated that there is the need for rental units for those with incomes between 60% and 80% of area median income in the community. The Board recognized that a cost of$44,000 per unit is very reasonable.. Ms. Marler stated that based on their proforma, City Front Partners does have the capability to pay back the loan regardless of the fact that this loan would be placed in the fifth position and reminded that Board that they are an affordable housing board and need to consider the needs of affordable housing, not just the loan position. Ms. Marler said that NeighborWorks, one of the City Front LLC partners, is one of the City's strongest partners and has done business with the City for 35 years. Mr. Galvan stated that he did not feel the added TRAX line would change the viability of retail projects when completed. Rick Knuth motioned to approve the request as presented for $265,000 at 2% over 15 years. The motion died due to lack of a second to the motion. The Board asked for an explanation pertaining to how the loan will be monitored. Ms. Clark said that the project is a tax credit project and will be monitored by the Utah Housing Corporation for 99 years. Board member Mr. Rick Knuth asked the Board if they would be willing to approve the project with a cross- collateralization of all the City obligations which currently hold third and fourth positions on the property title. This would mean that a default under one loan would create a default under all three City loans. Mr. Knuth said this would consolidate the three liens into one priority and if there was a default on any one, it would default under all. Ms. Clark said that the City's and RDA's loan is a deferred loan until 2014. The City deferred the loan because it was a new mixed-use project and a new type of project for the City.. Ms. Clark said that the City had believed in the project and that the additional rental income from the new project will provide more available cash flow to repay the $1.9 million loan. Ms. Clark explained that the original idea had been that the retail portion of the project would help the project cash flow but that had not been the case with this portion of the retail for the past 11 years. Ms. Clark asked the Board to look at the request as a tool for the applicant to repay the $1.9 million. Mr. Galvan said that NeighborWorks Salt Lake wanted available housing for the neighborhood and the community on that corner of North Temple by creating 155 affordable units. The Board agreed that the additional loan to convert the retail space to apartments would provide cash flow that the retail currently does not provided. Michael Brough motioned to approve a loan in the amount of$265,000 at 2% interest per annum over 15 years as presented with the condition that the loan be cross-defaulted to the City's and RDA's mortgages identified as the third and fourth mortgages with equal rights to default. Elly Muth seconded the motion. All voted "Aye." The motion passed. Update by LuAnn Clark LuAnn Clark said that Congress has not made a decision on the HOME and HOPWA funds so the Board will not meet in December. Ms. Clark said there will be a meeting scheduled probably the end of January to discuss HOME and HOPWA funding. There being no further business, the meeting adjourned at 1:31 p.m. 3 FUNDING APPLICATION SALT LAKE CITY HOUSING TRUST FUND Cover Sheet Project Name: Citifront Applicant/Organization: City Front Partners, LLC Mailing Address: 5295 South Commerce Drive, Suite 175 Murray, Utah 84107 Contact Person: Dan Stanger Phone Number: 801-201-7209 Fax Number: 801-284-5972 E-mail: dan(ctherocfund.com Federal Employee Identification Number 87-0666042 Project Name: Citifront Apartments and Retail Project Location: 600 West North Temple, Salt Lake City, UT 84103 Amount Requested: $3007000 c:c Terms Requested: 15 Year Amortization/2.0% Interest Rate Please contact Steven Akerlow at 535-7115 if you have questions or need assistance completing this application. The application is typed in Microsoft Word and is available on disc. Project Description Part I 1. Describe the scope of the project (how many total units, how many affordable units, type of project, etc.). Please address how your project will be accessible/visit-able. Please attach site plan, floor plan, and elevation of your project, if available. The scope of this project is to convert approximately 3,500 sq. ft. of dysfunctional retail space to 6 apartment units ranging in size from 518 to 768 sq. ft., on the ground level, west side of the Citifront Apartment Community. Citifront currently contains 155 apartment units, and approximately 13,000 sq. ft. of retail space. The retail space has been difficult to lease since inception due to both the location and the construction in and around the North Temple area. SLNHS and Bridge Development subsidize this space under a master lease required by the lender. This takes away from cash that could be put to use for other community services. The apartment community has performed well, averaging above 92% occupancy during its existence, and currently over 95% occupied. Of the 155 units, 87 are designated to 60% of median income, with 9 units designated to 50% of median income, and the remainder rented at market rates. The plan would incorporate an additional 6 units on the ground level, west side, which would be rented at 80% of median income, giving the property and the neighborhood a nice income and rental mix. The small grocery mart would stay in place on this side, and the two other tenants, currently in this space, would be relocated to the retail space on the 600 West side of the building, providing better parking, access, and synergy to the retail frontage on 600 West. The project is accessible via both North Temple and 600 West (see attached site plan and floor plans — Exhibit 1). 2. Does the project conform to the City's Master Plans for the area? Please indicate which master plan(s). Briefly restate the master plan objectives the project will meet. Citifront was developed under the Gateway District Master Plan and RDA. It is a mixed use development incorporating market rate and affordable apartment units, along with ground level retail space. It is our belief that both components meet the objective of the master plan, but more appropriate sizing would be desirable related thereto. 3. What is the property zoned? Gateway Mixed Use 4. All new construction projects will need to be reviewed by the appropriate Community Council. Please provide a copy of the Community Council's response to the review of your project. Since Citifront is an existing development with both uses continuing, it was not felt that this needed to be reviewed by the Community Council. However, the developer is prepared to do so, if needed. 7 5. Please include a breakdown of the number of units that will be provided for the various percentages of area median income (i.e., how many units for those at 80%, 50% AMI, etc.), along with a list of the rents that will be charged to each group. The conversion of this retail space to apartment units will increase the unit count to 161, with 9 units 50% AMI, 87 units @ 60% AMI, 6 units @ 80% AMI (the units being converted), and 59 units at market. Attached as Exhibit 2 is the rental rate schedule for the various floor plans, and relative affordability factor described above. 6. How will the project be accomplished if the Salt Lake City Trust Fund is unable to fund this request? Funding of this project will be difficult without the Trust Fund due to the secured mortgages that currently exist on the site, and the current credit markets. 7. How do you intend to use funds provided by Salt Lake City Corporation?We intend to use the funds for hard costs related to Architectural, Engineering, Remodel of the 6 units, and tenant improvements for the tenant relocation. No funds will be used for soft costs related to this project. 8. Are there tenants currently living in the project? Will they be able to remain in the project once it has been completed? Please explain how the tenants will be affected by the project and the steps you have taken to deal with their issues. The current space is retail, with two tenants. We will relocate the existing tenants on site. 9. How many square feet will the project contain? Please describe how the project will meet the requirements of LEED Standards in City Funded Construction (Chapter 18.95 adopted in 2006), or National Green Build Standards if the project is for new construction or major renovation of a multi-family residential building that will contain more than 10,000 square feet. All units are designed to be energy and noise efficient, including appliances, heating and air conditioning systems. The project contains approximately 3,500 sqft as identified on Exhibit 1. 10. If you have applied for tax credits or bond financing for this project, have you received notification that your application was approved? If so, please provide the date of approval; if not, please provide the date the decision will be made. We have not applied for bond financing. The project is a tax credit project, which we applied for and received in 2004. 3 Project Funding "tam`` Part II 1. Please list the sources of all funds as of the date of the application. If this is a tax credit project, please provide one complete copy of the tax credit application. Permanent Sources of Funding/Post Construction: Source Amount Equity 15t Mortgage Wachovia $8,677,830 2nd Mortgage GE $1,212,702 Other Secured Debts SLC Corp & SLC RDA $1,965,000 Unsecured Debt NHS & Bridge Development $1,719,524 Other Salt Lake NHS -$ OO;006 •�,r.c c Total Sources $13,875,056 la. Ratio of Salt Lake City Trust Funding to total funding: 2.44% 0.11 2. Please list the uses of all funds for the proposed project, being as specific as 4, possible. The total of Uses of Funds should equal the total project cost. Uses: Land/Building Acquisition Cost $0 Rehabilitation/Construction Cost $255,000 A/E, Permit and other fees $10,000 Ot1ker;please specify-Tenant-Improvements_ $ -ST060- $-3{-4,-000 As identified on Exhibit 3 3. What will be the value of the project at the time of completion?We estimate the value at approximately $13.0 million. 1. 4. Please attach sales or operating projections for the project for the first five years after completion. Please list below the assumptions made to prepare the operating projection. Please show revenue and expense categories in as much detail as possible. As noted previously, Citifront is an existing project. We will be replacing existing retail space that is difficult, at best, to lease, with 6 one 4 bedroom units that will lease immediately. The 2012 operating budget is provided as Exhibit 4. The impact to cash flow at the project will be as follows: Average Unit Rental: $750.00 Total Potential Revenue: $54,000 annually based on 6 units $750 per unit rental. Vacancy: $(4,050) annually based on 7.5% economic vacancy assumption. Other Income: $ 3,000 annually based on historical per unit average at Citifront. Total Income: $52,950 annually Total Expenses: $21,000 annually based on $3,500 per unit. Total NOI: $31,950 annually 5. What is the source of repayment of the funds? Project NOI projected at $800,000 for 2012. Current 1st and 2nd mortgages equate to $698,016 annually. 6. What type of security is being offered to the City? The project is currently encumbered with $11,855,532 of secured debt in 1st thru 4th position. A new mortgage, or consolidated mortgage could be completed with the other $1,965,000 in SLC mortgages. 7. Please list all other governmental grants, loans, tax credits, licenses, etc., necessary for this project to proceed. Please include information on the status of all funding required for the completion of this project. No additional grants, loans, tax credits or licenses are required to proceed forward with this project. The project must be approved by the current tax credit investor (American Express Utah Equity Fund through its servicer ESIC). 8. Please describe the purchase terms under which the applicant will/has acquire(d) the property. How much of the purchase price will be paid with equity provided by the applicant? By others? The property is currently owned by the applicant and therefore does not require any additional funds to purchase. The partnership currently has approximately S1.719 million invested into the project. 9. If an appraisal of the property has been obtained, please attach a copy. N/A 10. Please state the number of years you will maintain this property as affordable. 40 years. Applicant Information , Part HI 1. Please check each of the following which is true for the Applicant (a) The Applicant is an individual doing business under his/her own name. X (b) The Applicant has the status indicated below and is organized or to be organized under the laws of Utah A corporation A nonprofit or charitable institution or corporation A partnership known as or to be known as: A business association or joint venture known as or to be known as: A Federal, State or local government or instrumentality thereof Individual known as: Social Security Number of Individual: X Other (explain): a limited liability company known as City Front Partners, LLC 2. If the Applicant is not an individual or a government agency, give date of organization: January 2, 2001 3. Please provide a list of the officers, director or trustees, board of trustees or board of directors, or partners of the applicant's organization. The Managing members are Salt Lake NHS — 66.7% and Bridge Development, LC — 33.3%. 4. Who will manage the property once it has been acquired? The property is currently managed by Bridge Property Management, 5295 South Commerce Drive, Suite 175, Murray, Utah 84107 Amok 5. Please provide a brief description of your organization. City Front Partners,_LLC is a single purpose entity created for the purpose of developing the Citifront apartments and retail space located at 600 West North Temple. This entity is managed by Salt Lake NHS and Bridge Development, LC, with American Express as its tax credit partner, through its servicing agent ESIC. 6. Who will be responsible for this project? Salt Lake NHS and Bridge Development, LC. 7. Please provide examples of experience your organization has with this type of project. Attached as Exhibit 5 you will find a current portfolio identifying all of the projects within the Bridge sponsored network. All apartment communities on this list are managed by Bridge Property Management, and have been rehabbed, with some rehabs costing over $4 million. The team has extensive experience in both development, and management of capital rehab projects throughout the Western United States. 7 Current Ownership Information Part IV 1. Who is the current owner of the property? City Front Partners, LLC, a Utah Limited Liability Company. 2. Who is the current manager of the property? Bridge Property Management, 5295 South Commerce Drive, Suite 175, Murray, Utah 84107 3. Please provide a list of the officers, director or trustees, board of trustees or board of directors, or partners of the organization that currently owns the property. Certification I (we), Danuel R. Stanger certify that this Applicant Disclosure of Ownership and Control is true and correct to the best of my (our) knowledge and belief. Signature Signature Manager, City Front Partners LLC Title Title 5295 S. Commerce Drive,#175, Murray, UT 84107 Address and Zip Code Address and Zip Code Date: CV ?b /7 Date: 8 PREPARATION OF LOAN DOCUMENTS Applicant understands and agrees with Salt Lake City Corporation's policy that all loan documents required from Salt Lake City Corporation, necessary for closing of the loan, will be processed and signed two weeks prior to the loan closing date and that no changes to those loan documents and/or requests for additional documents and/or letters requiring the Mayor's signature will be made during the two week period prior to the loan closing. ignature Signature Manager, City Front Partners LLC Title Title 9730 /0 Date Date ACCESS TO TAX CREDIT APPLICATION INFORMATION Applicant agrees to grant Salt Lake City Housing and Neighborhood Development permission to access information contained in their Low-Income Housing Tax Credit Application filed with the Utah Housing Corporation and/or any Private Activity Bond applications. ature Signature Manager, City Front Partners LLC Title Title ,/&)/// Date Date NOTE: PLEASE PROVIDE FOURTEEN (14) COPIES OF YOUR ENTIRE APPLICATION AT THE TIME THE APPLICATION IS SUBMITTED AND ONE (1) COPY OF YOUR TAX CREDIT APPLICATION and APPRAISAL. 9 Eligible Activities for Salt Lake City Housing Trust Funds Part V As set forth in Salt Lake Ordinance 78-00 of 2000, funds are provided to Salt Lake City's Housing Trust Fund to be used exclusively to assist with affordable and special needs housing in the City. Fund moneys may be used for: 1. Acquisition, leasing, rehabilitation, or new construction of housing units for ownership or rental, including transitional housing; 2. Emergency home repairs; 3. Retrofitting to provide access for persons with disabilities; 4. Down payment and closing cost assistance; 5. Construction and gap financing; 6. Land acquisition for affordable and special needs housing units Amok 7. Technical assistance; 8. Other activities and expenses incurred that directly assist in providing affordable and special needs housing. Fund moneys may not be used for administrative expenses. 10 I, ji.42flH9ril-- , i,I II, ;ate \\ I 1 �ti H 3i I 1\ L !N , v 0.T- ---ee, I � v' �n i I) Ion ' aL I Fp'� � i'�I, ' 17! ;' "tea o Ili .0 -.o 'IT. �: I I1 IIIIITh i i 1/ 1L�"11 I l� Il I 1 fi� . , \VN - �� 11 1 , r I• t_ 0 i , 1E1:7 ' '‘. ,.1-', ; , ill 11 IL�1 I 1 I� j�luw . I • • IN I• —ail  —, m n m O - m ro So < A m o j o z 0 m —' / . CD 0 18 FLOOR PLAN rs n D FLORES SAHAGUN+ASSOCIATES CITIFRONT ; _ 171 west Plerpont Avenue.Sal;Lake Gly UT.84101 ph/fz:801.3500136 6TH WEST NORTH TEMPLE .- :. o — email.fsarch@bweslolfice net-web www fiores-sahagun corn SALT LAKE CITY,UTAH 84116 SCALE 114'=1,0' `: 2011 Citifront/Bridge Property Management Information Sheet—60% of Median Income Welcome to Citifront Apartments. Our community is operated under the Affordable Housing Program under the Section 42 of the Internal Revenue Code. This program is designed to facilitate the housing needs of moderate and middle-income families. Residence at the Citifront Apartments requires that applicants meet certain qualifying standards established by the government. This program is not connected with Section 8. Residency at the Citifront Apartments is limited to those families having moderate incomes. The maximum allowable incomes (by family size)are as follows: Household • Maximum Members Allowable Income 1 $29,580.00 2 $33,840.00 3 $38,040.00 4 $42,240.00 5 $45,660.00 6 $49,020.00 7 $52,380.00 In addition to standard wages, income includes money received from many sources such as alimony, child support, pensions, and social security. A complete definition of income is posted in the rental office for inspection. All income information provided by applicants must be verified before occupancy. This qualification and certification process must be completed annually upon renewal. The rents at the Citifront Apartments are limited by statue. Currently, the allowable rents by bedroom are: Monthly Monthly Monthly Total Housing Cost Allowable Rent Utility Allowance Allowable One Bedroom $ 731.00 $ 61.00 $ 792.00 Two Bedroom $ 870.00 $ 81.00 $ 951.00 Three Bedroom $ 996.00 $ 102.00 $ 1098.00 The allowable rent is subject to change annually and is based upon median incomes as determined by the Department of Housing and Urban Development. Resident Signature Date Resident Signature Date 2011 Citifront/Bridge Property Management Information Sheet—50% of Median Income Welcome to Citifront Apartments. Our community is operated under the Affordable Housing Program under the Section 42 of the Internal Revenue Code. This program is designed to facilitate the housing needs of moderate and middle-income families. Residence at the Citifront Apartments requires that applicants meet certain qualifying standards established by the government. This program is not connected with Section 8. Residency at the Citifront Apartments is limited to those families having moderate incomes. The maximum allowable incomes(by family size) are as follows: Household Maximum Members Allowable Income 1 $24,650.00 2 $28,200.00 3 $31,700.00 4 $35,200.00 5 $38,050.00 6 $40,850.00 7 S43,650.00 In addition to standard wages, income includes money received from many sources such as alimony, child support,pensions,and social security. A complete definition of income is posted in the rental office for inspection. All income information provided by applicants must be verified before occupancy. This qualification and certification process must be completed annually upon renewal. The rents at the Citifront Apartments are limited by statue. Currently, the allowable rents by bedroom are: Monthly Monthly Monthly Total Housing Cost Allowable Rent Utility Allowance Allowable One Bedroom $ 599.00 $ 61.00 $ 660.00 Two Bedroom $ 711.00 $ 81.00 $ 792.00 Three Bedroom $ 813.00 $ 102.00 $ 915.00 The allowable rent is subject to change annually and is based upon median incomes as determined by the Department of Housing and Urban Development. Resident Signature Date Resident Signature Date p. FLORES - SAHAGUN + ASSOCIATES September 14, 2011 Sent via e-mail DStanger@BridgeIG.com Dan Stanger Bridge Property Management L C 5295 Commerce Drive Ste 175 Salt Lake City, Utah 84107-4786 Re: Architectural Services CitiFront-Retail"A" 6th West North Temple Salt Lake City, Utah Dear Dan: We are pleased to submit this proposal to provide Architectural Services for CitiFront located at 6`h West North Temple in Salt Lake City. We are very excited to have the opportunity to work in conjunction with you to renovate commercial space into residential units. This is the outline of the Scope of Services and a proposed fee schedule. This proposal does not include any type of consulting services(i.e.electrical, mechanical,structural,civil, etc.)that might be required by the new building design and/or by building code. The selection and payment of any/all consultants will be coordinated directly by the owner. 1.0 BUILDING PERMIT PROCESS 1.1 Meetings with Municipality 2.0 CONSTRUCTION DOCUMENTS 2.1 Construction Documents a.Cover Sheet/Site Plan b. Floor Plan for Each Unit(6) c. Interior Elevations and Details d.Windows, Doors and Finish Schedules e.Wall Sections f. Coordination and Integration of Work from Structural, Mechanical, Electrical, etc. 3.0 COORDINATION MEETINGS 171 AYE ST PIERPONT AVENUE + SALT LAKE CITY UT 84101 + 801 350.0136 + I satch©gwesloffice net 2 Al 3.1 Coordination meetings with Consultants and General Contractor 4.0 CONSTRUCTION OBSERVATION 4.1 Max of 5 Site Visits. For additional visits see below for hourly rate. 5.0 SCOPE OF SERVICES NOT INCLUDED AND SHALL BE CONTRACTED OUT BY OWNER No Consultants (structural, mechanical,electrical,civil, interior design etc.)are part of this contract. All additional consultants shall be selected and paid by Owner. 5.1 *Structural Drawings and Calculations(Required) 5.2 Energy Calculations(if required) 5.3 'Fees Associated with Building Permit 5.4 Certified Survey(By licensed Surveyor,if required) 5.5 Construction Management(if required) 6.0 FEE STRUCTURE 6.1 Fee is Lump Sum Fee of$800.00 per unit,totaling$4,800.00 An initial retainer of$500.00, to be credited at the completion of the contract,and progress payments as described below: 6.2 Progress Payments Ask CONSTRUCTION DOCUMENT PHASE 95% CONSTRUCTION PHASE 5% TOTAL BASIC COMPENSATION 100% 6.3 Reimbursables Reproduction(copies, blue prints, plots, etc.), standard form documents, postage, handling, and delivery of Instruments of Service, fees paid for securing approvals of authorities having jurisdiction over the project, renderings, models, and mock-ups requested by the owner will be invoiced plus 10%. 7.0 ADDITIONAL SERVICES In the event that additional hours or services are required,we will seek authorization from you prior to any additional work taking place.The number of each of the proposed hours will be quantified and qualified. 7.1 Standard Hourly Rate Project Architect $175.00 Technician II $84.50 We appreciate the opportunity to submit this proposal and look forward to working with you. 171 :'EST PIERPONT AVENUE + SALT LAKE CITY UT 84101 + 801 350 0136 + f sarc# cegwestolf,ce net CALDER RICHARDS Dan Stanger September 14, 2011 Bridge Property Management L C 5295 Commerce Drive Ste 175 Salt Lake City, Utah 84107-4786 Transmitted Via e-mail: fsarch@gwestoffice.net Reference: Citifront Remodel 600 W North Temple—Fee Estimate Dear Dan, We appreciate the opportunity to submit this proposal for providing structural engineering services on the above referenced project. Based on the drawings provided, our understanding of the scope of this project is outlined as follows: Project Building Description&Assumptions • Existing 4 story multi-family residential structure with retail on the main level on the west side of Salt Lake City. • Existing construction is wood and steel framing, stud bearing walls and wood framed floors and roofs. • The lateral system is plywood shearwalls and steel cross bracing. • Foundations are standard concrete foundation walls and footings. • Structural work includes adding new windows, possibly removing part of shearwalls and infilling some slab on grade ramps and removing and replacing slab on grade areas for new plumbing. • Construction costs are not known at this time. Scope of Services • Design &Construction Documents. 1. Review the existing drawings to determine loading on the structural elements to be remodeled. 2. Provide structural design of the new openings, existing structural elements needing upgrade and slab work. 3. Redline architects plans and sections and provide redlined details for drafting by the architect. 4. Provide input redlined on the architectural drawings for architectural elements. 5. Provide stamped structural calculations and stamp structural drawings as required for building permit. • Pre-construction Services. Respond to building depatbnent comments and provide addendums as needed. • Construction Services. 1. Respond to contractor RFI's. 2. Review of stt uctural shop drawings as needed. 3. Provide one site visits during construction. 634 South 4C0 ',Vest k100, Salt Lake City, Utah 84101 T 801 466.1699 F 801 467 2495 Citifront Remodel Fee Proposal Page 2 Proposed Lump Sum Fees: Investigation, structural design and detailing - $ 600.00 Construction Services - $ 200,00 Total: $ 800,00 Reimbursable expenses (not included in the lump sum fee): 1. In-house reproduction of"multiple"drawing sets, (not to exceed $ 150). Project Delivery&Schedule • We are not aware of the schedule at this time, but should be able to meet any reasonable deadline. Terms& Conditions • See the attached Terms and Conditions that are proposed for this project. In the event that no other formal contract is implemented these terms and conditions shall apply. Please let me know if you have any questions or concerns regarding this proposal. Respectfully, Authorization to Proceed: di Citifront Scott Wilson, S.E. Date: 634 Soulh 400 West #100, Salt Lake City, Utah 84101 T 801 .466. 1699 F 801 .467.2495 (2) THESE"TERMS AND CONDITIONS"ARE ATTACHED TO AND ARE A PART OF THE PROPOSAL AND CONTRACT FOR SERVICES PREPARED BY CALDER RICHARDS CONSULTING ENGINEERS,LLC.(herein"CRC"),FOR PROJECT NAME:Cit'rfront Remodel PROPOSAL DATE:September 14,2011 I. Responsibilities of Structural Engineer of Record CRC will perform all such services as specified in the proposal under"Scope of Services". II. Responsibilities of Client Provide all criteria and full information as to requirements for the project.Give prompt notice to CRC of any development that may affect the scope and/or timing of CRC services. III. Billings/Payments Fees for services are as noted in the above referenced proposal.Invoices will be submitted monthly for services and reimbursable expenses and are due when rendered. Invoice shall be considered PAST DUE if not paid within 30 days after the invoice date and CRC may without waiving any claim or right against Client,and without liability whatsoever to Client,terminate the performance of the service.Retainers shall be credited on the final invoice.A service charge will be charged at 1.5%(or the legal rate)per month on the unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay cost of collection,including reasonable attorneys'fees. IV. Indemnification The Client shall indemnify and hold harmless CRC and all of its personnel from and against any and all claims,damages,losses and expenses(including reasonable attorneys fees) arising out of or resulting from the performance of the services, provided that any such daims,damage,loss or expense is caused in whole or in part by the negligent act of omission,and/or strict liability of the Client, anyone directly or indirectly employed by the Client(except CRC)or anyone for whose acts any of them may be liable. V. Risk Allocation In recognition of the relative risks,rewards and benefits of the project to both the Client and CRC,the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, CRC's total liability to the Client, for any and all injuries, claims, losses,expenses,damages or claim expenses arising out of this agreement,from any cause or causes, shall not exceed the total amount of$ 100,000, the amount of CRC's fee (whichever is greater) or other amount agreed upon when added under special conditions. Such causes, include, but are not limited to CRC's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. VI.Miscellaneous 1. It is expressly understood and agreed, notwithstanding any reference to any rule or regulation, that CRC has no responsibility or duty for guaranteeing, directing, or superintending the contractor's work methods, safety of the job site, failure to carry out the work in accordance with contract requirement,timeliness in performance of the work, or any other aspect of construction for which the contractors have responsibility. 2. If the project is postponed, delayed, suspended, or abandoned, CRC will be paid for all work already performed up to the date postponement,delay suspension or abandonment. 3. This agreement may be terminated by either party upon 10 days written notice to the other party,in which case,CRC will be paid for all work performed up to and including the effective date of termination. 4. In the event of alleged error or omission by CRC in performance of the project,Client shall notify CRC promptly in writing of that fact and allow CRC a reasonable time to remedy the problem.Client agrees not to remedy the problem or to contract with a third party to remedy the problem at the cost of CRC without first giving CRC a reasonable opportunity to remedy the problem. 5. All documents,including drawings and specifications,as instruments of service,are the property of CRC and area not to be used on other work including repetitive construction,except by specific,written agreement.Such documents may be retained by the Client with other documents pertaining to the project. VII. Applicable Law Unless ctherv.ise spe ified,this agreement shall be governed by the laws of the State of Utah. Offered by: Accepted P by: Date: Calder Richards Consulting Engineers Name/Title: 634 South 400 Wiest # 100, Salt Lake City, Utah 84101 T 801 .466. 1699 F 801 ,467,2495. W ESTLAN D.ii S BASEIBID T•.OTAL iiii000NSTRUCTION r r ."':41.7§ i5ii. ' =� w� Citi Front Retail Space-> Apartments Remodel Box CSI p CSI Name & Description 'in ems; Name of Sub-Contractor %�Other13 .S. Add.N Notes Line Totals Div.Totals 2030 16uildiog Demolition Pliggirlilenaal I I 13 men 5 days Q$50rtv-dumpsleie in GC's 1 12070 ;Sewcutting t4690 Taunu Plumbing&Westland I I J_ef curbs and romp I 2800 'Temporary Fencing MiSiSclirgleiSi I I I I I `Site Work Totals $4,890 S4,890 3jA CONCRETE -- ---.: .•_ - - - • .`:;"".: ...._. .. .- 3300 [Buiid'ineConcrete '--`- — rn� 1---.;�:WestlandLabor&Materials - 15yards and a couple short bads - 3100 'I Concrete Materials - 3300' I ConuetaLabor 13200 (Concrete Reinforcement ifegelliMangClydeco I I I ... - I 3210 }Anchor bolts&Inserts f2,1�85 CIydeco I 1 [Drill&Epoxy - 1 7 -- . Concrete Totals $8,0B8 S8,088 tit/PM 00 DS & PL''ASTICS > .... ..._ = r,. 1, is 61. 00 ''[Rough Carpentry - (Labor) _ 6100 ;Rough Carpentry, (Material) - : ,Westland Materials 1 Sacking for new doors&hardware . .�. , 16200 'Finish Carpentry hanigigaread BMC West I [ I - - ' • - I {r I •, ` _ 16250 [Door&Hardware Installation tetiaLSRIMiemc West I 16400 'Interior Architectural Woodwork f19ai�iZ BMC West 1 •I I I t 523,145 ,Woods and Plastic Totals 523,145 THERMAL &.MOISTURE:.PROTECTION :s:='y� �}1{ ` r.=:i: }'`r '[Soictd Insulation I�, 1Cerdalls 1 V I I 1,. V..,.; I I$wcco Patch'&Repair 140.1tiMbiklett Houghton"Plaster I I I I " I 'Foundation&Window Flashing-s" Ik2 sfai Wedttand Libor&Materials I "' " I - -1Fa'nr•.vwlndows end Nfwe.remps are Clad I . 'Jokst Sealants(Ceu9ckrg Ir s1Wsa?MIWestland Labor&Materials 1 1 .I I 5'- •- Thermal&Moisture Protection Totals $8,889 — __ $8,869 B :.DOORS•.& WINDOWS - .. -- -- . .. -, . . - , : , - = ._ .: .. - , 1 iDoct5Frames&Hardware Igiglibi 4lSI+tC West 1 1 I I." I - II New Windows $9Gi52&#