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024 of 2011 - Amending numerous sections of the Salt Lake City Code to refer to the Salt Lake City Consolidated Fe 0 11-1 0 11-9 SALT LAKE CITY ORDINANCE No. 24 of 2011 (Amending numerous sections of the Salt Lake City Code to refer to the Salt Lake City Consolidated Fee Schedule) AN ORDINANCE AMENDING NUMEROUS SECTIONS OF THE SALT LAKE CITY CODE TO REFER TO THE SALT LAKE CITY CONSOLIDATED FEE SCHEDULE. WHEREAS, public access to City fee infonnation is sometimes difficult because the authorization to impose fees is located in numerous places in the Salt Lake City code; and WHEREAS, the City Council has authorized creation of the Salt Lake City Consolidated Fee Schedule that will incorporate into one document fees charged to the public to offset City regulatory and service costs; and WHEREAS,numerous sections of the Salt Lake City code must be amended, as set forth below,to reference the Salt Lake City Consolidated Fee Schedule; and WHEREAS,the City Council finds adoption of this ordinance reasonably furthers the health, safety, and general welfare of the citizens of Salt Lake City. NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Section 2.10.010 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2.10.010: Miscellaneous Fees A. The chief of police shall charge and collect in advance fees, as shown on the Salt Lake City Consolidated Fee Schedule, set by the mayor and not to exceed the amount shown on the Salt Lake City Consolidated Fee Schedule for the following services: 1. Fingerprinting; 2. ID cards (for other than city employees); and 1 3. Theft reports. B. Any person sixty five(65) years of age or over shall be exempt from the payment of the fees required by this section. SECTION 2. Section 2.10.05 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2.10.050: Fees A. Any individual seeking access and review of his or her own personal criminal history record shall be charged a service fee, as shown on the Salt Lake City Consolidated Fee Schedule, per record search. Any nonstate noncriminal justice agency or other person entering into a user's security and privacy nondisclosure agreement with Salt Lake City Corporation or its designated agent shall be charged a service fee, as shown on.the Salt Lake City Consolidated Fee Schedule, set by the mayor,not to exceed the amount shown on the Salt Lake City Consolidated Fee Schedule. B. Any person sixty five (65) years of age or over shall be exempt from the payment of the fees required by this section. SECTION 3. Section 2.10.080 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2.10.080: Fee There shall be a fee, as shown on the Salt Lake City Consolidated Fee Schedule, in an amount to be determined by the mayor or his/her designee but not in excess of the amount shown on the Salt Lake City Consolidated Fee Schedule, to the applicant for the search and letter, which fee is to be collected by the chief of police in advance of the preparation of the letter and which is to be credited to budget no. 32-J-41. 2 SECTION 4. Section 2.12.040 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2.12.040: Business Permit Fees The city shall collect the permit fees shown on the Salt Lake City Consolidated Fee Schedule for each business activity regulated by the fire prevention bureau under the international fire code or other authority. SECTION 5. Section 2.26.210 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2.26.210: LANDSCAPE PERMIT FOR PUBLIC RIGHT OF WAY: It is unlawful for any person to plant,prune or remove any public tree, without first obtaining a permit from the department of public services. Permits shall not be required for work performed by city personnel. A. Planting And Maintaining Public Trees: The Salt Lake City urban forestry standards and specifications shall be used as a guideline for planting and pruning public trees. B. Removing Trees: The urban forester must approve any permit for removal of public trees and as a condition, the permittee maybe required to compensate the city for the value of the tree(s) removed either by replacement thereof or by monetary assessment. C. Permit Fee: Commercial companies,public utilities or individuals employed in the landscaping or arboricultural business shall be required to pay a permit fee per job as shown on the Salt Lake City Consolidated Fee Schedule or a permit fee per year as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 6. Section 2.64.130 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 3 2.64.130: Fees or charges for record services A. A fee, as shown on the Salt Lake City Consolidated Fee Schedule, may be charged for paper to paper photocopying. A fee, as shown on the Salt Lake City Consolidated Fee Schedule,may be charged for the following employee's time;however, no charge may be made for the first quarter hour of said time: 1. The staff time incurred for summarizing or compiling the record into an organization or media to meet the person's request; 2. The staff time incurred for search, retrieval, and other direct administrative time incurred for complying with a request; and 3. In the case of a record that is the result of computer output other than word processing,the actual incremental staff time incurred in providing the electronic services and products together with a reasonable portion of the staff time associated with formatting or interfacing the information for particular users, and the administrative time as set forth in subsections Al and A2 of this section or its successor. B. 1. A fee, as shown on the Salt Lake City Consolidated Fee Schedule, may be charged for copies of traffic accident reports of not more than the fee charge for similar reports by the state of Utah. 2. A fee, as shown on the Salt Lake City Consolidated Fee Schedule,may be charged for Mylar or vellum prints twenty four inches by thirty six inches(24"x 36"). 3. A fee, as shown on the Salt Lake City Consolidated Fee Schedule,per square foot may be charged for prints made on Mylar or vellum sheets larger than twenty four inches by thirty six inches (24" x 36"). 4 4. A fee, as shown on the Salt Lake City Consolidated Fee Schedule,may be charged for a copy of a size C blueprint. 5. A fee, as shown on the Salt Lake City Consolidated Fee Schedule,may be charged for a copy produced on a microfilm printer which utilizes silver paper. 6. A fee, as shown on the Salt Lake City Consolidated Fee Schedule,may be charged for a copy made from microfilm utilizing a plain paper printer. 7. A fee, as shown on the Salt Lake City Consolidated Fee Schedule, may be charged for a copy from a photograph. 8. A fee, as shown on the Salt Lake City Consolidated Fee Schedule, may be charged to copy recording tapes or, to copy computer readable records to a computer readable form (e.g., discs). C. The city may fulfill a request, without charge,if it determines that: 1. Releasing the record primarily benefits the public rather than a person; 2. The person requesting the record is the subject of the record, or an individual specified in subsection 2.64.050B of this chapter or its successor; 3. The rights of persons requesting the records are directly implicated by the information in the record, and the requester is impecunious. D. A person who believes that there has been an unreasonable denial of a fee waiver under subsection C of this section or its successor may appeal the denial in the same manner as a person appeals when inspection of a public record is denied under section 2.64.140 of this chapter or its successor. E. The city may not charge a fee for: 1. Reviewing a record to determine whether it is subject to disclosure; or 5 2. Inspecting a record. SECTION 7. Section 2.68.010 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2.68.010: DECLARATIONS OF CANDIDACY; SALT LAKE CITY GENERAL ELECTIONS: A. A person may become a candidate for mayor if the person is a registered voter and: 1. The person has resided within Salt Lake City for the twelve (12) consecutive months immediately before the date of the election; or 2. If the territory in which the person resides was annexed into Salt Lake City,the person has resided within the annexed territory or Salt Lake City for twelve (12) consecutive months immediately before the date of the election. B. Each person seeking to become a candidate for mayor shall file a declaration of candidacy with the city recorder during office hours and not later than five o'clock(5:00) P.M. between July 1 and July 15 of any odd numbered year and pay the fee shown on the Salt Lake City Consolidated Fee Schedule at the time of filing the declaration. When July 15 is a Saturday, Sunday, or holiday, the filing time shall be extended until five o'clock(5:00)P.M. on the following regular business day. In lieu of the fee, the person may submit to the city recorder, in addition to the declaration of candidacy, a nominating petition signed by forty five (45)residents of each council district, for a total of three hundred fifteen (315) residents, who are at least eighteen(18) years old. Said nominating petition shall be construed as constituting an alternative to payment of the required fee for persons for whom such fee would create a financial hardship. C. The declaration of candidacy for the office of mayor shall substantially comply with the following form: I, (print name) , being first sworn, say that I reside at Street, Salt Lake 6 City, County of Salt Lake, State of Utah, Zip Code , Telephone Number (if any) , that as of the date of the election for mayor on I will have resided within Salt Lake City for the 12 consecutive months immediately before such election; that I am a registered voter; and that I am a candidate for the office of mayor. I request that my name be printed upon the applicable official ballots. Signed) Subscribed and sworn to (or affirmed) before me by on this day of , 2 . (Signed) (City Recorder or Notary Public) D. A person may become a candidate for council member if the person is a registered voter and: 1. The person has resided within the council district for which such person seeks office for the twelve(12) consecutive months immediately before the date of the election; or 2. If the territory in which the person resides was annexed into Salt Lake City and into the council district for which such person seeks office,the person has resided within the annexed territory or the council district for which such person seeks office for the twelve (12) consecutive months immediately before the date of the election. E. Each person seeking to become a candidate for council member shall file a declaration of candidacy with the city recorder during office hours and not later than five o'clock(5:00) P.M. between July 1 and July 15 of any odd numbered year together with the fee shown on the Salt Lake City Consolidated Fee Schedule. When July 15 is a Saturday, Sunday, or holiday, the filing time shall be extended until five o'clock(5:00) P.M. on the following regular business day. 7 In lieu of the fee, the person may submit to the city recorder, in addition to the declaration of candidacy, a nominating petition signed by seventy five (75) residents of the council district such person seeks to represent who are at least eighteen (18) years old. Said nominating petition shall be construed as constituting an alternative to payment of the required fee for persons for whom such fee would create a financial hardship. F. The declaration of candidacy for the office of council member shall substantially comply with the following form: I, (print name) , being first sworn, say that I reside at Street, Salt Lake City, County of Salt Lake, State of Utah, Zip Code , Telephone Number(if any) ; that as of the date of the election for councilmember on I will have resided within council district# in Salt Lake City for the 12 consecutive months immediately before such election; that I am a registered voter; and that I am a candidate for the office of councilmember for council district # . I request that my name be printed upon the applicable official ballots. (Signed) Subscribed and sworn to (or affirmed) before me by on this day of , 2 . (Signed) (City Recorder or Notary Public) G. 1. Any registered voter may be nominated for mayor by filing a nomination petition with the city recorder during office hours but not later than five o'clock(5:00) P.M. between July 1 and July 15 of any odd numbered year signed by: a. Twenty five(25)residents of Salt Lake City who are at least eighteen (18) years old; or 8 b. Twenty percent(20%) of the residents of Salt Lake City who are at least eighteen(18) years old; and c. Paying the fee shown on the Salt Lake City Consolidated Fee Schedule. When July 15 is a Saturday, Sunday,or holiday, the filing time shall be extended until five o'clock(5:00) P.M. on the following regular business day. In lieu of the fee, the nominating petition may be signed by an additional forty five(45)residents of each council district, for a total of three hundred fifteen (315) additional residents, who are at least eighteen(18) years old. Said additional signatures on the nominating petition shall be construed as constituting an alternative to payment of the required fee for persons when such fee would create a financial hardship. 2. a. The petition for mayor shall substantially conform to the following form: NOMINATION PETITION The undersigned residents of Salt Lake City being 18 years old or older nominate (name of nominee) to the office of mayor. b. The remainder of the petition shall contain lines and columns for the signatures of persons signing the petition and their addresses and telephone numbers. H. 1. Any registered voter may be nominated for council member by filing a nomination petition with the city recorder during office hours but not later than five o'clock(5:00) P.M. between July 1 and July 15 of any odd numbered year signed by: a.Twenty five (25) residents of the council district which the candidate seeks to represent who are at least eighteen (18) years old; or b. Twenty percent (20%) of the residents of the council district which the candidate seeks to represent who are at least eighteen (18) years old; and 9 c. Paying the fee shown on the Salt Lake City Consolidated Fee Schedule. When July 15 is a Saturday, Sunday, or holiday,the filing time shall be extended until five o'clock (5:00) P.M. on the following regular business day. In lieu of the fee, the nominating petition may be signed by an additional seventy five(75) residents of the said council district who are at least eighteen (18) years old. Said additional signatures on the nominating petition shall be construed as constituting an alternative to payment of the required fee when such fee would create a financial hardship. 2. a. The petition shall substantially conform to the following form: NOMINATION PETITION The undersigned residents of Salt Lake City being 18 years old or older nominate (name of nominee) to the office of councibnember. b. The remainder of the petition shall contain lines and columns for the signatures of persons signing the petition and their addresses and telephone numbers. I. 1. A declaration of candidacy or nomination petition filed under this section is valid unless a written objection is filed with the city recorder within five(5) days after the last day for filing. 2. If an objection is made, the city recorder shall: a. Mail or personally deliver notice of the objection to the affected candidate immediately; and b. Decide any objection within forty eight(48)hours after it is filed. 3. If the city recorder sustains the objection, the candidate may correct the problem by amending the declaration or petition within three (3) days after the objection is sustained or by filing a new declaration within three (3) days after the objection is sustained. 10 4. a. The city recorder's decision upon objections to form is final. b. The city recorder's decision upon substantive matters is reviewable by a district court if prompt application is made to the district court. c. The decision of the district court is final unless the supreme court, in the exercise of its discretion, agrees to review the lower court decision. J. Any person who filed a declaration of candidacy and was nominated, and any person who was nominated by a nomination petition,may, any time up to twenty three (23) days before the election, withdraw the nomination by filing a written affidavit with the city recorder. SECTION 8. Section 2.68.020of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 2.68.020: WRITE-IN CANDIDATES: A. Each person wishing to become a valid write-in candidate for mayor or for city - council member shall file a declaration of candidacy with the city recorder and pay the fee shown on the Salt Lake City Consolidated Fee Schedule not later than fourteen(14) days before the municipal general election in which the person intends to be a write-in candidate. B. 1. The city recorder shall: a. Read to the candidate the constitutional and statutory requirements for office and the requirements for office under this chapter; and b. Ask the candidate whether or not the candidate meets the requirements. 2. If the candidate cannot meet the requirements of office,the city recorder may not accept the write-in candidate's declaration of candidacy. SECTION 9. Section 3.50.070 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 11 3.50.070:FEE: Along with the application for a commercially related special event permit,the applicant shall pay the fee shown on the Salt Lake City Consolidated Fee Schedule as partial reimbursement to the city for administrative and processing expenses related to the application. Along with the application for a free expression activity permit,the applicant shall pay the fee shown on the Salt Lake City Consolidated Fee Schedule as partial reimbursement to the city for administrative and processing expenses related to the application. SECTION 10. Section 5.02.210 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.02.210:LICENSE;TRANSFER OF NAME OR LOCATION;FEE: A.Location Transfer:Any person to whom a business license has been issued to transact or carry on some business at a definite location in the city may make application for the transfer of his/her business license for the sole purpose of transacting or carrying on the same business as is therein mentioned at some other definite location in the city by himself or herself by filing said application with the license supervisor,together with the fee shown on the Salt Lake City Consolidated Fee Schedule. B.Name Change:Any person who wishes to change his/her business name for the sole purpose of transacting or carrying on the same business under a new name,shall file an application for the change of name on such person's business license with the license supervisor, along with the fee shown on the Salt Lake City Consolidated Fee Schedule. C.Fee For Transfer:If the business in question has any other licenses which are required under this title,or its successor,the fee for a change of address shall be as shown on the Salt 12 Lalce City Consolidated Fee Schedule and the fee for a change of name shall be as shown on the Salt Lake City Consolidated Fee Schedule. D.Refundability:If the application is granted,the transfer fee shall be deposited in the city treasury.If the application is denied the transfer fee shall be returned to applicant.The mayor,or the mayor's designee,after receiving reports which shall be furnished by the license supervisor,the police department and the board of health,when necessary,may in their discretion,deny or grant the transfer of any or all of the said licenses strictly within the above limitations. SECTION 11. Section 5.02.240 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.02.240:SPECIAL HEARINGS;FEE: Any person desiring a license for which a special public hearing is required shall pay the fee shown on the Salt Lake City Consolidated Fee Schedule before said hearing shall be set or advertised.In addition,such person shall pay all expenses incurred by the city with respect to said hearing,including fees charged by a hearing examiner,costs of recording or reporting such hearing,costs of transcription,and all other such actual costs. SECTION 12. Section 5.04.070 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.04.070:LICENSE FEES LEVIED: A.Fees For Businesses Located In The City:There is levied upon the business of every person engaged in business in the city at a place of business within the city,an annual business license fee per place of business.The amount of the fee shall be the base license fee imposed under subsection B of this section,plus: 13 1. The regulatory fee imposed under subsection C of this section, if applicable; and 2. The disproportionate impact fee imposed under subsection D of this section, if applicable; and 3. The enhanced services fee imposed under subsection E of this section, if applicable. B. Base License Fee: The base license fee levied and imposed, covering licensing, inspection, and related administrative costs shall be as follows: 1. Home occupation businesses: as shown on the Salt Lake City Consolidated Fee Schedule. 2.Nonhome occupation businesses: As shown on the Salt Lake City Consolidated Fee Schedule. C. Regulatory Fee: The regulatory fee levied and imposed, for direct cost associated with doing business within the city, covering licenses listed under the regulator fee heading of the Salt Lake City Consolidated Fee Schedule shall be as set forth thereunder. D. Disproportionate Costs: 1. It is determined by the city council that a disproportionate level of municipal services are provided to certain businesses within the city in comparison with that level of services provided to other businesses and to residences within the city,based on additional services provided to such businesses and on disproportionate use of police, fire,transportation, and street maintenance services and the additional costs associated with increased usage of public facilities by employees. 14 2. The fee determined to be related to the disproportionate costs of such municipal services is as shown on the Salt Lake City Consolidated Fee Schedule, per employee for each and every full time and part time employee exceeding one, engaged in the operation of said business,based upon the "number of employees" defined in section 5.02.005 of this title, or its successor section. 3. Additional fees for disproportionate costs related to specific business are listed on the Salt Lake City Consolidated Fee Schedule. E. Enhanced Services: It is determined by the city council that municipal services are provided to businesses within the central business district and the Sugar House business district, as defined in the zoning ordinance, at a level which exceeds other geographic areas of the city. No enhanced service fee shall be charged said businesses at the present time. F. Multiple Rental Dwellings: An owner of multiple rental dwellings within the city shall be required to obtain one base license and to pay one base license fee for the operation and maintenance of all such rental dwellings plus a regulatory fee as set forth in subsections B and C of this section. G. Fee For Businesses Located Outside The City: There is levied upon every person engaged in business in the city, not having a place of business in the city, and not exempt as provided by section 5.04.040 of this chapter, or its successor section,the same license fee as if such place of business were located within the corporate limits of Salt Lake City. H. Nonrefundable Application Fee: In the event any initial or renewal business license application is denied by the city or is withdrawn by the applicant, the city shall be entitled to retain the application fee shown on the Salt Lake City Consolidated Fee Schedule as a nonrefundable business license application fee from any license fees paid or payable to the city, 15 unless another nonrefundable business license application fee is otherwise provided for under the ordinances of the city. I. Renewal Notices: Any notice or renewal reminder provided by the city in connection with this section may be sent by ordinary mail, addressed to the address of the business as shown on the records of the city's licensing office, or, if no such address is shown, to such address as the licensing office is able to ascertain by reasonable effort. Failure of a business to receive any such notice or reminder shall not release such business from any fee or any penalty, nor shall such failure operate to extend any time limit set by the provisions of this chapter. SECTION 13. Section 5.04.210 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.04.210: 911 EMERGENCY SERVICE FEE: A. Purpose: Section 69-2-5 of the Utah Code Annotated provides for the establishment and funding of a 911 emergency services telephone system, including wireless and land based telephone services. Under the emergency telephone service law, the city may levy monthly an emergency services telephone charge on each local exchange service switched access line and each revenue producing radio communications access line with a billing address within the boundaries of the area served by the city. Notification of intent to levy the emergency services telephone charge must be given to the public service commission at least thirty (30) days prior to the effective date. The city provides 911 emergency services telephone service and wants to levy an emergency services telephone charge in the amount allowed by state law. B. Levy: The city council levies an emergency services telephone charge in the amount shown on the Salt Lake City Consolidated Fee Schedule,per month on each basic local exchange 16 access line and each revenue producing radio communications access line with a billing address within the boundaries of the area served by the city. Effective July 1, 2004, four cents ($0.04) of the amount of the charge levied under this section, less the collection costs of the city and tax commission permitted by Utah Code Annotated sections 69-2-5(3)(h) and 53-10-604(2)(b), shall be deposited monthly in the statewide unified E-911 emergency service fund created in Utah Code Annotated section 53-10- 603, for the purposes outlined in that section. C.Notify Public Service Commission: The chief of the Salt Lake City police department, or his/her designee, is directed to notify the Utah state public service commission of the entities upon which the city will levy the charge in accordance with applicable laws. D. Special Emergency Telephone Service Fund: All monies received by the city from the 911 emergency services telephone charge shall be deposited in a special emergency telephone service fund. All monies in the emergency telephone service fund shall be expended by the city to pay the costs of establishing, installing, maintaining and operating a 911 emergency telephone system or integrating a 911 system into an established public safety dispatch center. Revenues derived for the funding of 911 emergency telephone service may only be used for that portion of the costs related to the operation of the 911 emergency telephone system. SECTION 14. Section 5.05.130 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.05.130: APPLICATION FEES; FOR CERTIFICATE OR CERTIFICATE OF ADDITIONAL AUTHORITY: An application for a certificate of public convenience and necessity or an application for a certificate of additional authority hereunder shall be accompanied by a payment of a fee shown 17 on the Salt Lake City Consolidated Fee Schedule, the same to be applied toward payment of the costs of hearings and proceedings on same. Said fee shall be in addition to the fees required to be paid under section 5.05.135 of this article, or its successor section. SECTION 15. Section 5.05.135 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.05.135: FEES: No certificate shall be issued or continued in operation unless the holder thereof has paid the annual city base license fee,the city regulatory fee for the business, as shown on the Salt Lake City Consolidated Fee Schedule, and any other fees for the business and each vehicle authorized under a certificate of public convenience and necessity as set forth in section 5.04.070 of this title, or its successor section, and any other fees or charges established by proper authority and applicable to the holder or to those vehicles under the holder's operation and control. SECTION 16. Section 5.12.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.12.050: PROPRIETOR'S LICENSE FEE: The license fee for each proprietor shall be shown on the Salt Lake City Consolidated Fee Schedule, for each automatic amusement device used or played or exhibited for use or play. In the event any proprietor shall engage in business at more than one location, the maximum fee provided herein shall apply to each location. SECTION 17. Section 5.14.040 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.14.040: LICENSE; FEES: 1 18 The license fee for a rental dwelling regulatory business license shall be as shown on the Salt Lake City Consolidated Fee Schedule,including the disproportionate fee for each rental dwelling per annum or any portion thereof as provided in said section. SECTION 18. Section 5.16.060 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.16.060: AUCTIONEER'S LICENSE; FEE: The fee for an auctioneer's license shall be as shown on the Salt Lake City Consolidated Fee Schedule, for an annual license, and said fee shall not be prorated if any said license is taken out for any part of a license year for less than the full term. SECTION 19. Section 5.16.160 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.16.160: AUCTION HOUSE LICENSE; FEE: The fee for an auction house license shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year or any part thereof. SECTION 20. Section 5.16.180 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.16.180: TRANSIENT AUCTION HOUSE OWNER LICENSE; FEE: The license fee for engaging in business as a transient auction house owner shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 21. Section 5.18.025 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.18.025: LICENSE; FEE: 19 The fee for a bicycle dealer shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year or any part thereof. SECTION 22. Section 5.22.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.22.050: LICENSE; FEE: The fee for the license required by section 5.22.020 of this chapter, or its successor, shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 23. Section 5.28.080 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.28.080: LIVE ENTERTAINMENT AT RESTAURANTS, TAVERNS AND PRIVATE CLUBS; FEES: A. The license fee for the allowing of professional dancers and nonmusical entertainers on the premises of a restaurant,tavern or private club shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year, or any part thereof. B. The license fee for allowing of live musical entertainment on the premises of a restaurant, tavern or private club shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year, or any part thereof. SECTION 24. Section 5.32.025 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.32.025: PERMIT FEE: The permit fee for the permit required by section 5.32.020 of this chapter, or its successor, shall be as shown on the Salt Lake City Consolidated Fee Schedule. 20 SECTION 25. Section 5.37.080 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.37.080:FEES;ANNUAL OPERATION: No certificate shall be issued or continued in operation unless the holder thereof has paid an annual business regulatory fee as shown on the Salt Lake City Consolidated Fee Schedule,for each horsedrawn carriage authorized under a certificate of public convenience and necessity. SECTION 26. Section 5.42.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.42.030:LICENSE;FEE: The license fee for dating services and marriage services shall be shown on the Salt Lake City Consolidated Fee Schedule. SECTION 27. Section 5.47.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.47.030:LICENSE;FEE: The license fee for a numismatic dealer and/or bullion dealer shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 28. Section 5.48.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.48.030:LICENSE FEE: The license fee for a pawnbroker shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year,or any part thereof. SECTION 29. Section 5.50.110 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21 5.50.110:LICENSE;FEE SCHEDULE: Applications provided for in this chapter shall be accompanied by the fees hereinafter provided,which fees shall be deposited in the city treasury and returned to the applicant if the license is denied for a class A,B,or C license,the fee shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year,or any part thereof,plus any other license fees required by city ordinances. SECTION 30. Section 5.54.070 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.54.040:RESTAURANT LICENSE;FEE: The license fee required for a restaurant shall be at the rate as shown on the Salt Lake City Consolidated Fee Schedule.For out of doors restaurant facilities and for rooms used for occasional banquets but not used for continuous dining,the fee shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 31. Section 5.56.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.56.040:LICENSE FEE: The license fee for rooming houses,boarding houses and for profit residential treatment facilities shall be based upon the number of rooms which have been constructed for lodging or sleeping purposes or which are used for lodging or sleeping purposes,as shown on the Salt Lake City Consolidated Fee Schedule,for each room per year,or a portion thereof.The license fee for a residential treatment facility which has been granted tax exempt status under section 501(c)(3) of the internal revenue code,or its successor,shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year for each separate structure,or any portion thereof. 22 SECTION 32. Section 5.58.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.58.030:LICENSE FEE: The license fee for operating as a scrap metal processor shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year. SECTION 33. Section 5.60.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.60.030:LICENSE FEE: The Iicense fee for each of the businesses defined in this chapter shall be as shown on the Salt Lake City Consolidated Fee Schedule,including: A.Antique dealer; B.General secondhand dealer; C.Secondhand junk collector; D.Secondhand junk dealer; E.Secondhand precious metal and/or precious gem dealer; F.Secondhand computer dealer;and G.Secondhand compact disk dealer. SECTION 34. Section 5.61.120 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.61.120:LICENSE FEES: A.Each applicant for a sexually oriented business or employee license shall be required to pay disproportionate regulatory license fees as shown on the Salt Lake City Consolidated Fee Schedule,including,but not limited to,the following: 23 1. Yearly disproportionate business regulatory license fees: a. Adult businesses and seminude dancing bars, b. Outcall businesses, c. Nude and seminude dancing agencies and nude entertainment businesses; 2. Yearly sexually oriented disproportionate business employee license fees: a. Any employee providing outcall business services away from the premises of the outcall business, b. Adult business employees, outcall business employees requiring a license but not performing any services outside the licensed premises,nude entertainment business employees requiring a license but not individually providing nude entertainment services to patrons, seminude dancing bar employees requiring a license but who are not performers and employees of nude and seminude dancing agencies requiring licenses but who are not performers, c. Employees of nude entertainment businesses personally providing nude entertainment to patrons, d. Professional dancers performing in seminude dancing bars; B. These fees shall be in addition to all other licenses and fees required to do business in the city. SECTION 35. Section 5.64.130 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.64.130: REGISTRATION;FEE; IDENTIFICATION CARD: The chief of police shall collect from each person registered pursuant to section 5.64.120 of this chapter or its successor, at the time of registration, the fee shown on the Salt Lake City 24 Consolidated Fee Schedule to be determined by the mayor or his or her designee,but not to exceed the amount shown on the Salt Lake City Consolidated Fee Schedule,which fee shall be remitted by the chief of police to the city treasurer.Upon payment of the fee,and provided the person has completed and satisfactorily meets all of the requirements of this chapter,the police chief shall issue to the applicant an identification card which shall constitute a permit for solicitation as provided in this chapter for the period of time stated thereon. SECTION 36. Section 5.64.310 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.64.310:LICENSE FEE: The license fee for engaging in,carrying on or conducting business as a temporary merchant shall be the fee as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 37. Section 5.64.330 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.64.330:PARTICIPANT LICENSE FEE: The license fee for a participant shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 38. Section 5.64.350 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.64.350:TEMPORARY MERCHANT SPONSOR LICENSE FEE: The license fee for a temporary merchant sponsor shall be as shown on the Salt Lake City Consolidated Fee Schedule.A Iicensed temporary merchant is exempt from the requirements of this section. 25 SECTION 39. Section 5.64.430 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.64.430:REGISTRATION FEE: The chief of police shall collect from each person registered pursuant to section 5.64.410 of this chapter,or its successor,at the time of registration,the fee shown on the Salt Lake City Consolidated Fee Schedule,which fee shall be remitted by the chief of police to the city treasurer.Upon payment of the fee,and provided the person has completed and satisfactorily meets all of the requirements of this chapter,the police chief shall issue to the applicant an identification card,which shall constitute a permit for solicitation as provided in this chapter for the period of time stated thereon. SECTION 40. Section 5.64.580 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.64.580:APPLICATION;FEE REQUIRED: At the time the ice cream truck operator's application is filed,the applicant shall pay to the business license office the fee shown on the Salt Lake City Consolidated Fee Schedule,in an amount to be determined by the mayor or his or her designee,but not to exceed the amount shown on the Salt Lake City Consolidated Fee Schedule. SECTION 41. Section 5.64.670 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.64.670:BUSINESS LICENSE FEES: Any vendor granted a vending license under this chapter shall pay the annual business license fee shown on the Salt Lake City Consolidated Fee Schedule. 26 SECTION 42. Section 5.64.740 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.64.740:VEHICLE INSPECTION PRIOR TO LICENSING;FEE REQUIRED: Prior to the use and operation of any vehicle under the provisions of this chapter,and annually thereafter while being operated by the business licensee hereunder,the vehicle shall be thoroughly examined and inspected by an authorized representative of the city,and found to comply with the requirements of this chapter.In addition,the vehicle shall at all times in which it is in operation as an ice cream truck within the city be maintained in conformity with the safety inspection requirements of Utah and federal law.The licensee shall pay to the city an inspection fee shown on the Salt Lake City Consolidated Fee Schedule,per truck for each such inspection. SECTION 43. Section 5.65.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.65.030:BUSINESS LICENSE,REVOCABLE LAND USE PERMIT,AND FEES REQUIRED: No person shall conduct business on any city sidewalk,without first obtaining a valid base business license and entering into a revocable land use permit for the use of city property, and paying the required fees.In addition to the base business license fee,the annual revocable land use permit payment shall be shown on the Salt Lake City Consolidated Fee Schedule. SECTION 44. Section 5.70.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.70.040:BILLIARDS AND POOL HALLS;LICENSE;FEES: 27 The license fee for conducting billiards or pool tables for the playing of billiards or pool shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year, or any part thereof, in advance, for each table. SECTION 45. Section 5.72.170 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.72.170: FEES: No certificate shall continue in operation prior to the expiration as set forth in section 5.72.165 of this chapter unless the holder thereof has paid the annual business regulatory fee as shown on the Salt Lake City Consolidated Fee Schedule, each year for each vehicle authorized under a certificate. Such fees shall be in addition to any other fees or charges established by proper authority and applicable to the holder of the vehicle or vehicles under the holder's operation and control. SECTION 46. Section 5.74.080 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.74.080: LICENSE; FEE: The license fee shall be as shown on the Salt Lake City Consolidated Fee Schedule, per year for each theater, concert hall,motion picture house or other place of amusement,provided, however, that a daily license may be purchased for the fee shown on the Salt Lake City Consolidated Fee Schedule, per day or any part thereof. The regulatory fees required for a sexually oriented business license are in addition to these fees. SECTION 47. Section 5.76.120 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 5.76.120: FEES: 28 No certificate shall be issued or continued in operation unless the holder thereof has paid an annual disproportionate business regulatory fee as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 48. Section 5.84.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.84.040:LICENSE FEES: The fee for a wrecker service license shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 49. Section 5.84.140 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.84.140:LICENSE FEE: The fee for obtaining a license required by section 5.84.110 of this chapter,or its successor,shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 50. Section 5.86.056 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.86.056:AUTOMOBILE TRAILER COURTS;LICENSE FEE: The license fee for such parks shall be as shown on the Salt Lake City Consolidated Fee Schedule,for each trailer space located on such premises. SECTION 51. Section 5.86.210 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.86.210:GAS SELLING;FEE FOR LICENSE: The license fee for the license required by section 5.86.200 of this chapter,or its successor,shall be as shown on the Salt Lake City Consolidated Fee Schedule. 29 SECTION 52. Section 5.86.306 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.86.306:NURSING HOMES;LICENSE FEE: The license fee for a nursing home shall be based upon the maximum number of beds allowed in the facility by this code and/or the Salt Lake Valley health department regulations, whichever is the more restrictive;the fee shall be as shown on the Salt Lake City Consolidated Fee Schedule,for each bed so allowed. SECTION 53. Section 5.86.410 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.86.410:RETAIL SERVICE STATION;FEE FOR LICENSE: The license fee for a retail service station shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 54. Section 5.86.480 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.86.480:TOBACCO SALES;FEE FOR LICENSE: The annual license fee for operating any store,stand or other place where cigars or tobaccos are sold shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year, or any part thereof. SECTION 55. Section 5.90.010 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.90.010:SCHEDULE 1: The classes of businesses,listed with their subclasses,shall be charged annual regulatory fees as shown on the Salt Lake City Consolidated Fee Schedule.The listed fee includes the 30 charge for one background check where required.For each additional background check per business there shall be an additional fee as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 56. Section 5.90.020 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 5.90.020:SCHEDULE 2: The classes of businesses,listed with their subclasses,shall be charged the annual disproportionate fees shown on the Salt Lake City Consolidated Fee Schedule. SECTION 57. Section 6.08.095 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 6.08.095:GOVERNMENT OWNED LICENSE: A government owned license shall be issued to state and local governmental units for government operated events.A license shall be issued subject to the following terms and conditions:a)sales of alcohol shall be made only by persons who have been trained for such sale in accordance with state law;b)dramshop liability insurance shall be obtained and maintained during the period the license is in effect at coverage levels approved by the city attorney;c)no sale of beer or other alcoholic beverage shall exceed a sixteen(16)ounce serving;d)all applicable business license fees shall be paid as shown on the Salt Lake City Consolidated Fee Schedule;and e)all requirements of the Utah alcohol beverage control act shall be met. SECTION 58. Section 6.08.110 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 6.08.110:FEES AND RECORDS: 31 A.Applications provided for in this chapter shall be accompanied by the fees as shown on the Salt Lake City Consolidated Fee Schedule,per year or any part thereof,which fees shall be deposited in the city treasury if the license is granted,and returned to the applicant if denied. B.Holders of alcohol licenses shall maintain records,which shall disclose the gross sales of alcohol by such holder during each and every year.Such records shall be available for inspection and audit by the city license office at any time following the end of each year and for eighteen(18)months thereafter,unless another time is set by ordinance applicable to a specific Iicense class. C.Failure of a licensee to properly maintain the required records or failure to submit such records for inspection and audit shall be cause for suspension or revocation of an alcohol license. SECTION 59. Section 6.08.170 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 6.08.170:ESTABLISHMENT NAME CHANGE;FEE AND NOTICE TO CITY: The licensee shall not change the name of his or her business establishment until such licensee has given written notice to the license office ten(10)days prior to the name change,and has paid the fee shown on the Salt Lake City Consolidated Fee Schedule. SECTION 60. Section 6.08.180 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 6.08.180:TRANSFER TO NEW LOCATION;FEE: Licenses issued pursuant to this title may be transferred to a new proper location upon application to the mayor or his/her designee,filed with the license office,and upon the payment of the fee shown on the Salt Lake City Consolidated Fee Schedule. 32 SECTION 61. Section 6.16.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 6.16.030:LICENSE;FEE: For initial application and issuance of a liquor consumption license the fee shall be as shown on the Salt Lake City Consolidated Fee Schedule,for the first year of operation,or any part thereof.For renewal of a liquor consumption license,the fee shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year,or any part thereof.Said fees shall be deposited in the city treasury if the license is granted and retunied to the applicant if the license is denied. SECTION 62. Section 8.04.065 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 8.04.065:PERMIT AND LICENSE FEES;EXPIRATION;RENEWAL: A permit issued pursuant to this chapter shall expire one year after it is issued by the office of animal services or other authorized entity,and shall be renewable upon application therefor.Renewal applications shall not be available until thirty(30)days prior to the expiration date of the current permit.A permit may only be issued after the appropriate fee has been paid. Application shall be accompanied by the fee shown on the Salt Lake City Consolidated Fee Schedule.Licenses maybe issued for multiple years in accordance with fees shown on the Salt Lake City Consolidated Fee Schedule. A.The pennit and license fee schedule may be modified from time to time as deemed appropriate by the director of animal services or other authorized manager,and upon approval by the Salt Lake City council. B.Permits are not transferable from one owner to another,nor from one site to another. 33 SECTION 63. Section 8.04.070 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 8.04.070:DOG LICENSE;REQUIRED WHEN;APPLICATION AND FEES: A.Required:All dogs shall be licensed each year,except as otherwise provided herein,to a person of the age of eighteen(18)years or older. B.Deadline:Any person owning,possessing or harboring any dog shall obtain a license for such animal within thirty(30)days after the dog reaches the age of four(4)months,or,in the case of a dog over four(4)months,or in the case of a new city resident,within thirty(30)days of the acquisition of the dog or the commencement of residency. C.Application:License applications shall be submitted to the office of animal services, by utilizing a standard form which requests name,address and telephone number of the applicant;breed,sex,color and age of the animal;previous license information;rabies and sterilization information;and the number,location or other identification applicable to a tattoo or implanted microchip of the animal.The application shall be accompanied by the prescribed license fee and by a rabies vaccination certificate current for a minimum of six(6)months beyond the date of application.A license shall not be issued for a period that exceeds the expiration date of the rabies vaccination.Rabies vaccinations shall be given by a licensed veterinarian with a vaccine approved by the current compendium of animal rabies control. D.License Fees: I.License fees shall be as shown on the Salt Lake City Consolidated Fee Schedule. 2.No dog shall be licensed as spayed or neutered without veterinary verification that such surgery was performed. 34 E.License Vendors:The animal services director may contract with veterinary hospitals, veterinarians,pet shops,animal grooming parlors,and similar institutions or individuals for the issuance of license application forms.License fees and requirements for licensure with such vendors shall be the same as if the application was issued directly by the office of animal services. F.Number Of Dogs:No person or persons at any one residence within the city shall at any one time own,harbor or license more than two(2)dogs in any combination except as otherwise provided herein. G.Senior Citizen Provisions:In lieu of the annual Iicense fees provided above,a person sixty(60)years of age or older on the date of license application may,upon proof of age,obtain a dog license for an unsterilized dog for a reduced fee as shown on the Salt Lake City Consolidated Fee Schedule.A person sixty(60)years of age or older may obtain a dog license for the life of a spayed or neutered dog for a onetime nontransferable fee as shown on the Salt Lake City Consolidated Fee Schedule,but such person shall nevertheless obtain a license without fee thereafter for verification of rabies vaccination.This subsection shall not be construed to relieve any person from meeting all licensing requirements not specifically exempted,including late fees and required vaccinations,nor is any license issued hereunder transferable to any other animal or owner other than that for which the license was issued. SECTION 64. Section 8.04.080 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 8.04.080:DOG LICENSE;TAG REQUIREMENTS: A.Upon payment of the license fee,the office of animal services shall issue to the owner a certificate and a tag for each dog licensed.The tag shall have stamped thereon the license 35 number corresponding with the tag number on the certificate.The owner shall attach the tag to the collar or harness of the animal and see that the collar and tag are constantly worn when the animal is off the premises of the owner.Failure to attach the tag as provided shall be in violation of this title,except that dogs which are kept for show purposes are exempt from wearing the collar and tag when participating in a match or show. B.Dog tags are not transferable from one dog to another.No refunds shall be made on any dog license fee for any reason whatsoever.Replacements for lost or destroyed tags shall be issued upon payment to the office of animal services of the replacement tag fee shown on the Salt Lake City Consolidated Fee Schedule. C.Any person removing or causing to be removed the collar,harness or tag from any licensed dog without the consent of the owner or keeper thereof,except a licensed veterinarian or animal services officer who removes such for medical and other reasons,shall be in violation of this title. D.Owners may have an identifying microchip implanted in their dogs.If owners take such action,they shall be exempt from the requirement that such dogs wear identifying tags at all times while off the premises,provided that the microchip information has been registered with the office of animal services.Owners shall assume the risk of nonidentification of all microchipped,unrestrained dogs who are subsequently impounded by animal services officers. E.It is unlawful for any vendor of microchips to refuse to provide information to the office of animal services as to the identification of the owner of an animal that has been microchipped. SECTION 65. Section 8.04.090 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 36 8.04.090:DOG LICENSE;EXEMPTIONS: A.The provisions of sections 8.04.070 and 8.04.080 of this chapter,or their successor sections,shall not apply to: 1.Dogs properly licensed in another jurisdiction whose owners are nonresidents temporarily(up to 30 days)within the city.Licensed dogs whose owners remain within the city longer than thirty(30)days may transfer to the local license upon payment of the fee shown on the Salt Lake City Consolidated Fee Schedule and proof of current rabies vaccination;or 2.Individual dogs within a properly licensed dog kennel or other such establishment,when such dogs are held for resale. B.The fee provisions shown on the Salt Lake City Consolidated Fee Schedule shall not apply to: 1.Service dogs trained and certified to assist persons with a physical or mental disability,or dogs in an official training program for such assistance;or 2.Dogs especially trained to assist officials of government agencies in the performance of their duties and which are owned by such agencies. C.Nothing in this section shall be construed so as to exempt any dog from having a current rabies vaccination. SECTION 66. Section 8.04.090 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 8.04.150:PERMITS/REGISTRATIONS;FEE SCHEDULE: 37 Fees for commercial operations(kennels,catteries,groomeries,pet shops,veterinary clinics or hospitals),pet rescue permits and feral cat colony registrations shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 67. Section 8.04.170 of the Salt Lalce City Code shall be,and hereby is, amended to read as follows: 8.04.170:COMMERCIAL AND PET RESCUE PERMITS;EXPIRATION AND RENEWAL: Any permit issued pursuant to sections 8.04.130 through this section and section 8.04.200 of this chapter,or their successor sections,shall automatically expire on the December 31 immediately following the date of issue.Within two(2)months prior to the expiration of the permit,the pennittee shall apply for a renewal of the permit and pay the required fee.Any application made after December 31,except an application for a new establishment opening subsequent to that date,shall be accompanied by a late application fee in addition to the regular permit fee. SECTION 68. Section 8.04.350 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 8.04.350:IMPOUNDMENT;REDEMPTION CONDITIONS: A.Redemption Requirements:The owner of any impounded animal,or such owner's authorized representative,may redeem such animal before disposition,provided he or she pays the fees and charges as listed below,according to the amounts shown on the Salt Lake City Consolidated Fee Schedule: 1.The impound fee; 2.The daily board charge; 38 3.Veterinary costs incurred during the impound period,including rabies vaccination; 4.License fee,if required; 5.A transportation fee if transportation of an impounded animal by specialized equipment was required.This fee shall be determined by the director of animal services at a level which approximated the cost of utilizing the specialized equipment in the particular situation; 6.Any other expenses incurred to impound an animal in accordance with state or local laws; 7.Any unpaid or past due animal services fees and fines incurred by the owner. B.Removal Of Dead Animals:The following service charge shall be levied for removal of dead animals from an owner's property;no fee shall be charged for dead animals brought to the animal shelter provided the owner resides within the city: 1.Dogs,licensed:No fee; 2.Dogs(unlicensed),all cats,small domestic animals,small livestock,and all other small privately owned animals:shown on the Salt Lake City Consolidated Fee Schedule; 3.Large livestock,and all other large,privately owned animals:The owner shall arrange removal by a private dead animal hauler. C.Rabid Animals:No impound fee will be charged the reporting owners of suspected rabid animals if the owners comply with sections 8.04.240 through 8.04.290 of this chapter,or successor sections. 39 SECTION 69. Section 8.04.352 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 8.04.352:IMPOUND FEES FOR VOLUNTARY RELINQUISHMENT BY OWNER: Whenever any dog or cat is voluntarily relinquished by the owner thereof to the animal services facility for destruction or other disposition as provided by subsection 8.04.340A of this chapter,or its successor subsection,the fee shall be paid by such owner as shown on the Salt Lake City Consolidated Fee Schedule,for each dog or cat and/or for each litter under four(4) months of age of dogs or cats so relinquished. SECTION 70. Section 8.04.521 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 8.04.521:APPENDIX A: SALT LAKE CITY ANIMAL SERVICES ANNUAL PERMITS AND FEES A. Pet License Fees: r-- Late fee(in addition to regular fee) 25.00 B. Service And Violation Fees For Pets: Where indicated,fees for second,third,and subsequent violations are for those occurring within a 24 month period. First Second Third Subsequent r+ Offense Offense Offense Offenses r-- i Impound fees $35.00 $70.00 $125.00 $250.00 Minimum notice of violation penalties: Animal nuisance,commercial $50.00 S100.00 $200.00 Criminal permit,permit display 40 Licensing,permits,tags,rabies $25.00 $50.00 $100.00 Criminal rl vaccination,at large,number of animals,staking,female dogs in heat,harboring stray animals, animals as sales premiums,sale of baby rabbits,fowl,and pet turtles Purchase price for unclaimed livestock is based on costs incurred by animal services during impound and recommendations made by the state brand inspector. SECTION 71. Section 8.05.010 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 8.05.010:REGULATION OF VICIOUS DOGS: A vicious dog shall not be licensed in Salt Lake City unless the owner or keeper of such vicious dog shall meet the following requirements: A.The owner or keeper shall present to the office of animal services proof that the owner or keeper has procured liability insurance in the amount of at least twenty five thousand dollars ($25,000.00),covering any damage or injury which may be caused by such vicious dog during the twelve(12)month period for which licensing is sought,which policy shall contain a provision guaranteeing Salt Lake City Corporation to be notified by the insurance company of any cancellation,termination or expiration of the liability insurance policy.Such proof of insurance shall be in such form as approved by the office of the Salt Lake City attorney. B.The animal services director may issue regulations requiring the owner or keeper,at his or her own expense,to have the licensing number assigned to such vicious dog,or such other identification number as Salt Lake City shall determine,tattooed upon such vicious dog by a licensed veterinarian or person trained as a tattooist and authorized as such by statute.The tattoo 41 shall be placed either on the upper inner lip or upper left rear thigh of the vicious dog.The office of animal services may designate the particular location of the tattoo.The number shall be noted on the city licensing files for such vicious dog,if it is different from the dog's license number. For the purposes of this section,"tattoo"shall be defined as any permanent numbering of a vicious dog by means of indelible or permanent ink with the number designated by the licensing authority,or any other permanent,acceptable method of tattooing. C.The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises.Such sign shall be visible and capable of being read from all public entrance points to the area in which the dog is enclosed. D.The owner or keeper shall sign a statement attesting that: 1.The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve(12)month period for which licensing is sought,unless the owner or keeper shall cease to own or keep the vicious dog prior to expiration of such license; 2.The owner or keeper shall,on or prior to the effective date of such license for which application is being made,have an enclosure for the vicious dog on the property where the vicious dog will be kept or maintained.Such enclosure shall be securely enclosed and locked and designed with secure sides,top and bottom and shall be designed to prevent the animal from escaping from the enclosure; 3.The owner or keeper shall notify the office of animal services immediately if a vicious dog is on the loose,is unconfined,has attacked another animal or has attacked a human being.If the vicious dog has died,been sold,or been given away,the owner or keeper shall notify the office of animal services by the end of the next business day and 42 shall also provide the office of animal services with the name, address and telephone number of the new owner of the vicious dog. E. The owner or keeper shall at all times cause the vicious dog to wear a collar of a color and type provided by the office of animal services so that the dog is readily identifiable as a vicious dog. F. The owner or keeper of a vicious dog shall be issued a permanent license number when the vicious dog is licensed. Said license must be renewed each year. The animal license fee shown on the Salt Lake City Consolidated Fee Schedule for a vicious dog shall be in addition to other license fees. SECTION 72. Section 8.08.010 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 8.08.010: DOMESTIC FOWL AND LIVESTOCK; PERMIT REQUIRED: A. Except as provided in subsection B of this section, it is unlawful for any person to keep within the city any chickens, turkeys, ducks, geese,pigeons or other similar domestic fowl, or more than two (2) rabbits, or other similar animals,without first making application for and obtaining a permit from the office of animal services to do so. The fee for such permit shall be shown on the Salt Lake City Consolidated Fee Schedule. B. Notwithstanding subsection A of this section, chickens may be kept in any area zoned as a residential district under title 21A, chapter 21A.24 of this code or its successor, subject to the requirements of section 8.08.065 of this chapter. C. It is unlawful for any person to keep within the city any sheep, goats, cows, calves, pigs,horses,jacks,jennies, or other similar animals, without first making application for and obtaining a permit from the office of animal services to do so. The fee for such permit shall be 43 shown on the Salt Lake City Consolidated Fee Schedule, each year. Such permits shall not be issued for any area of the city except areas zoned as agricultural districts under section 21A.32.050 of this code, or its successor section. SECTION 73. Section 8.08.030 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 8.08.030: KEEPING ADDITIONAL ANIMALS; LICENSE REQUIRED; FEE: Any person who desires to keep for commercial purposes in excess of the number of any of the domestic fowl or various animals mentioned heretofore and not prohibited shall make application to the director of animal services for a license so to do. The license fee shall be shown on the Salt Lake City Consolidated Fee Schedule, each year, and the license application shall, before the issuance of such license,be referred to the Valley health department for approval and the issuance of a commercial permit. Such approval and permit shall be limited to applicants who shall comply with special rules and regulations to be promulgated by the sanitary division of the Valley health department governing the keeping of such domestic fowl or animals for commercial purposes. SECTION 74. Section 8.12.230 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 8.12.230: FEES: The director of animal services shall collect and retain the fees shown on the Salt Lake City Consolidated Fee Schedule for his/her services regarding impound,board,and transportation for livestock. SECTION 75. Section 9.04.040 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 44 9,04.040: LICENSE; PUBLIC DANCE HALL; FEE: The license fee required for a public dance hall license shall be as shown on the Salt Lake City Consolidated Fee Schedule, per year, or any part thereof. SECTION 76. Section 9.04.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 9.04.050: LICENSE; DANCE STUDIO; FEE: The license fee required for a dance studio shall be as shown on the Salt Lake City Consolidated Fee Schedule, per year, or any part thereof. SECTION 77. Section 9.04.170 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 9.04.170: DANCE LICENSE FEE: The license fee required for a restaurant,tavern or private club to enable dancing on such premises shall be as shown on the Salt Lake City Consolidated Fee Schedule,per year, or any part thereof. SECTION 78. Section 9.08.030 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 9.08.030: CITY COLLECTION SERVICES: The city will provide for the collection and disposal, at the expense of the property owner or manager, of refuse, recyclable items, and green waste from residences as provided herein. The city will provide for the collection and recycling of recyclable items and green waste, at the expense of the property owner or manager, from eligible recycling customers as provided herein. Said collection shall be under the supervision of the department of public services pursuant to the following: 45 A.Refuse, Green Waste, And Recycling Collection Services To A Residence: 1. Refuse Service To A Residence And Responsibility For Payment: Except where water, sewer, and refuse service to a residence is properly terminated, or the owner of that residence notifies in writing the director of public services that the owner's refuse will be picked up and disposed of by a private hauler,the owner of every residence shall be responsible and liable for the below enumerated monthly charges for refuse service. The charge for such service shall be billed with the city's regular water and sewer billings to the owner, at the owner's address as shown on the records of the public utilities department. In those instances where the water and sewer bill for a residence is currently being sent to the property manager of that residence at the owner's request,the refuse service will be similarly billed. However, the owner of the residence is responsible to pay and is liable for all charges for refuse service furnished to that residence if such property manager fails to pay the same. 2. Sizes Of Refuse Containers And Charges For Refuse Service To Residences: a. Automated refuse containers are available in ninety(90) gallon, sixty (60) gallon, and forty(40) gallon sizes. The owner or property manager of a residence may arrange, in writing, to have one or more automated refuse containers, of the size or sizes described above. Any owner or property manager of a residence who changes refuse container size must continue to use the new refuse container size for at least twelve (12)months before the owner or property manager may again change the size of the refuse container. Refuse containers may not be shared by residences with separate accounts on the public utility billing system. 46 b. Monthly charges for refuse collection service provided to residences shall be as shown on the Salt Lalce City Consolidated Fee Schedule. Automated refuse containers shall be delivered to residences without a delivery charge. These fees are subject to modification by future city councils. c. The property owner or manager of a residence will be charged a service fee shown on the Salt Lake City Consolidated Fee Schedule for each automated refuse and recycling container removed from that residence for any reason. The property owner or manager of a residence will not be charged a service fee for replacing any refuse container with another size of refuse container. 3. Green Waste Collection Service For Residences: a. Each residence with at least one city issued refuse container shall be issued at least one green waste container. Owners or property managers of residences receiving city refuse collection services will not be charged for green waste collection service in addition to the refuse collection fee shown on the Salt Lake City Consolidated Fee Schedule. b. Owners or property managers of residences may opt out of green waste collection service, but must comply with section 9.08.095 of this chapter. Owners or property managers who opt out of this service will nevertheless be charged the refuse collection fee shown on the Salt Lake City Consolidated Fee Schedule. c. Owners or property managers of properties that do not receive city refuse collection services may elect to subscribe to the city's green waste collection service,but will be charged for this service at the rates set forth in subsection A4 of this section. 47 4. Green Waste Collection Service For Eligible Recycling Customers: a. Eligible recycling customers who desire to subscribe to the city's green waste collection service must do so in writing. Such service shall be billed with the city's regular water and sewer billings to the owner of the property receiving green waste collection service, at the owner's address as shown on the records of the public utilities department. In those instances where the water and sewer bill for a property is currently being sent to a property manager of that property at the owner's request,the green waste collection service will be similarly billed. However,the owner is responsible to pay, and is liable for all charges, for the green waste collection service furnished to that property if such property manager fails to pay the same. b. The minimum subscription period for automated green waste containers will be twelve(12)months. The monthly charge for green waste collection service shall be shown on the Salt Lake City Consolidated Fee Schedule,per month for each automated green waste container. Automated green waste containers shall be delivered to subscribers without a delivery charge. These fees are subject to modification by future city councils. c. If an automated green waste container is removed from a property due to noncompliance, or at the request of the property owner or manager,the property owner or manager will be responsible for paying the remainder of the annual subscription fee for each container removed. 48 d. The property owner or manager will be charged a service fee shown on the Salt Lake City Consolidated Fee Schedule for each automated green waste container removed from service for any reason. 5. Recycling Collection Services Available To Residences: a. Each residence with at least one city issued refuse container shall be issued at least one recycling container. Owners or property managers of residences receiving city refuse collection services will not be charged for recycling collection service in addition to the refuse collection fee shown on the Salt Lake City Consolidated Fee Schedule. b. Owners or property managers of residences may opt out of recycling collection service,but must comply with section 9.08.095 of this chapter. Owners or property managers who opt out of recycling collection service will nevertheless be charged the refuse collection fee shown on the Salt Lake City Consolidated Fee Schedule. c. Owners or property managers of properties that do not receive city refuse collection services may elect to subscribe to the city's recycling collection service,but will be charged for this service at the rates set forth in subsection B2 of this section. B. Recycling Collection Service Available To Eligible Recycling Customers: 1. Recycling Collection Service: Eligible recycling customers may elect to subscribe to the city's recycling collection service. Such service shall be billed with the city's regular water and sewer billings to the owner of the property receiving recycling collection service, at the owner's address as shown on the records of the public utilities 49 department. In those instances where the water and sewer bill for a property is currently being sent to a property manager of that property at the owner's request,the recycling collection service will be similarly billed. However, the owner is responsible to pay, and is liable for all charges, for the recycling collection service furnished to that property if such property manager fails to pay the same. 2. Charges For Recycling Collection Services: a. The minimum subscription period for automated recycling containers shall be twelve(12) months. Charges for recycling collection service provided to an eligible recycling customer shall be shown on the Salt Lake City Consolidated Fee Schedule,per month for each automated recycling container.Automated recycling containers shall be delivered to eligible recycling customers without a delivery charge. These fees are subject to modification by future city councils. b. The owner or property manager will be charged a service fee shown on the Salt Lake City Consolidated Fee Schedule for each automated recycling container removed from service for any reason. 3. Promotion And Education Requirements Regarding Recycling Or Green Waste Collection Service For Eligible Recycling Customers: An eligible recycling customer who has subscribed to the city's recycling or green waste collection service must distribute general recycling or green waste information and current recycling or green waste program guidelines to each person occupying, attending,or working on the property receiving recycling collection service within fourteen (14) days after commencement of recycling or green waste collection service and annually thereafter. If requested,the city will assist by providing educational flyers. 50 C. Billing: 1. Periodic Billing Statements: The department of public utilities shall cause billings for refuse collection, green waste collection, and recycling collection services to be rendered periodically at rates established in this chapter. If partial payment is made on a combined bill, the payment shall be applied first to franchise fees due, and then to each service on a pro rata basis as determined by the director of public utilities. 2. Delinquency: Fees and charges levied in accordance herewith shall be a debt due to the city. If this debt is not paid within thirty(30) days after billing it shall, at the option of the director of public utilities,be deemed delinquent and subject to recovery in a civil action for which the city may recover reasonable attorney fees, and said department shall have the right to terminate water, sewer, refuse collection, green waste collection, and recycling collection services to said premises. Any uncollected amount due from the owner on any inactive, terminated, or discontinued account may be transferred to any active account under the owner's name and,upon failure to pay said bill after at least five (5) days'prior written notice,water, sewer,refuse collection, green waste collection, and recycling collection services to that account and premises may be discontinued. 3. Restoration Of Service: Water, sewer,refuse collection, green waste collection, and recycling collection service shall not be restored until all charges shall have been paid. D. Deposits Required From Nonowners: All new water, sewer,refuse collection, green waste collection, and recycling collection service users who are not the owners of the premises shall pay to the department of public utilities for deposit with the city treasurer an amount 51 sufficient to cover the cost of city collection services that may accumulate. The amount deposited shall be not less than twice the monthly or bimonthly bill for collection services. The department of public utilities shall issue a receipt of deposit. The amount deposited shall be refunded by the city treasurer to the holder upon the surrender of the receipt properly endorsed, provided all refuse collection, green waste collection, and recycling collection service bills and other charges are paid. All bills for city collection service must be paid promptly without reference to said deposit. Whenever any user of city collection services fails to pay for city collection services rendered to such premises, the money deposited or any part thereof may be applied by the department of public utilities to the payment of such delinquent bills. The owner of the premises will be required to pay any deficiency. E. Abatement: Those owners granted indigent abatement for taxes on their dwelling by Salt Lake County under section 59-2-1107 et seq., Utah Code Annotated,or its successor section, shall be granted a fifty percent(50%) annual abatement of the above city collection service charges during the year of such abatement. F. Suspensions Or Terminations: 1. If a residence receiving city collection service is vacant and the owner is trying to sell it,or it will be vacant because of an extended vacation of the occupant,the owner may apply to the public services director, in writing, for suspension of city collection service for the period of time specified in the written request. 2. An owner of a residence may apply to the public services director,in writing, for termination of refuse collection service. If the residence will not be vacant, the request must include an explanation of how refuse will be removed from the property, including 52 applicable supporting documentation such as a billing statement or signed agreement with a private hauler. 3. In the case of any suspension or termination pursuant to this subsection F, all automated refuse, green waste, and recycling container(s) at the residence will be removed from that residence pursuant to the owner's request and upon payment of the per container service fee shown on the Salt Lake City Consolidated Fee Schedule. G. Special Collection Events: The city may, at its discretion, also provide for the periodic collection and disposal of bulky waste. If the city elects to conduct one of these periodic collection and disposal events, all residences that receive refuse collection services from the city will be notified of the event and given instructions regarding the allowable dates and other rules governing the type and placement of allowable types of solid wastes on city streets for collection by the service provider. Only customers of city refuse collection services may participate in these periodic collection events. City customers of refuse collection services will not be charged for periodic collection and disposal events in addition to the fee set forth in subsection A2 of this section. Residents must separate bulky yard waste from other solid waste disposed of through special collection events. SECTION 79. Section 9.08.115 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 9.08.115: COMPLIANCE WITH AND ENFORCEMENT OF REFUSE, RECYCLING AND GREEN WASTE COLLECTION SERVICE LAWS: A. In evaluating whether a violation regarding the refuse, recycling or green waste collection service has occurred, city staff or the service provider has the right to visit the premises of residences or eligible recycling customers that subscribe to the refuse,recycling or 53 green waste collection service to determine the presence and capacity of recycling or green waste containers, the presence and quantities of recyclable items or green waste in city issued refuse containers, the presence and quantities of recyclable items in recycling containers, the presence and quantities of green waste in green waste containers,the presence of signs,flyers, stickers, and other information that promotes recycling, and to engage in discussion with property managers, residents, and owners regarding their refuse,recycling or green waste program. B. The city may initiate an enforcement action based on its own observations or notification by the service provider or other third parties of failure to comply with this code and rules promulgated thereunder governing the refuse,recycling or green waste collection service. The city or its service provider will notify the resident, owner, or eligible recycling customer in writing describing the nature of the failure to comply. C. The city reserves the right to discontinue refuse,recycling or green waste collection service for any residence or eligible recycling customer that fails to comply with this code and rules promulgated thereunder governing the refuse,recycling or green waste collection service. The property owner or manager will be charged a service fee shown on the Salt Lake City Consolidated Fee Schedule for each container removed from service. D. For a period of six (6)months after the refuse,recycling or green waste collection service has been discontinued due to a violation,the owner or eligible recycling customer shall not be allowed to subscribe to the refuse,recycling or green waste collection service. After the six (6)month period, the owner or eligible recycling customer may request refuse, recycling or green waste collection service in accordance with section 9.08.030 of this chapter. (Ord. 51-10, 2010) 54 SECTION 80. Section 9.08.140 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 9.08.140: DAMAGING CONTAINERS: A. All haulers of refuse,recyclable items, or green waste, including service providers, shall, immediately upon emptying containers or receptacles,replace the cover thereon and set such containers or receptacles in an upright position.All haulers, including service providers, shall exercise reasonable care in the handling of refuse,recyclable items, and green waste, and the containers or receptacles containing the same. B. It is unlawful for any person to wilfully break, deface, or injure any container or receptacle used to contain refuse, recyclable items, or green waste, or to do or permit anything to be done in connection with such containers or receptacles or the contents thereof that shall be offensive or filthy in relation to any person,place,building,premises, or highway. C. Damage to automated refuse, green waste, or recycling containers caused by placing more than one hundred sixty(160)pounds of solid waste in an automated forty(40) gallon refuse container, two hundred(200)pounds of solid waste in an automated sixty(60) gallon refuse container, or three hundred(300)pounds of solid waste or recyclable items in an automated ninety(90) gallon container; or caused by hot materials, corrosive materials, or any other solid waste, material, or substance that cuts, melts, or ignites the container or other materials shall be paid for by the property owner to whom the container is assigned at the cost of the container plus the service fee shown on the Salt Lake City Consolidated Fee Schedule for each damaged container removed. A police case number will be required on all cases of stolen containers before such container shall be replaced. Missing containers replaced without a police case number shall 55 be charged at the city's cost. If a stolen container is subsequently recovered, the cost of the replacement container shall be credited to the property owner's account. SECTION 11. Section 9.20.020 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 9.20.020: LICENSE; FEES AND TERM: A. The fee for a license to sell fireworks shall be as shown on the Salt Lake City Consolidated Fee Schedule. B. The above license fees must be paid at least ten(10) days prior to the opening of the business, and the license shall date from approval of issuance by the city and shall expire on the date of expiration of the annual base business revenue license as set forth in section 5.02.120 of this code, or its successor section. SECTION 82. Section 10.03.050 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 10.03.050: REGISTRATION AND FEES: A. The city recorder's office will keep a record of all declarations of mutual commitment and of all notices terminating a mutual commitment. B. The fee for filing a declaration of mutual commitment shall be as shown on the Salt Lake City Consolidated Fee Schedule(or such lesser, cost based amount as may be determined by the city recorder),which entitles the persons filing the declaration of mutual commitment to two (2) certified copies of the official statement. C.No fee will be charged for filing a notice terminating a mutual commitment. D. An amendment to a declaration maybe filed by a declarant with the city recorder's office at any time to show a change in his or her mailing address. The record will be maintained 56 so that amendments and notices terminating a mutual commitment are filed with the declaration of mutual commitment to which they apply. SECTION 83. Section 11.14.020 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 11.14.020: SERVICE FEES: A. Any person hosting a party, gathering, or event within the city may be liable for services fees. Any services fee may be in addition to such other costs and penalties as may be provided in this code. B. A services fee is owed for each time a police officer responds to a call or otherwise arrives at a premises to deal with a party, gathering, or event. The amount of the fees and the persons owing the fees are as follows: 1. For nonrental property,the owner of the premises shall owe the fee shown on the Salt Lake City Consolidated Fee Schedule for each visit of one or more police officers; 2. For rental property, the renters shall owe the fee shown on the Salt Lake City Consolidated Fee Schedule for each visit of one or more police officers; in addition,the owner of the premises shall owe the fee shown on the Salt Lake City Consolidated Fee Schedule for the third visit and the fee shown on the Salt Lake City Consolidated Fee Schedule for any additional visits of one or more police officers during any three hundred sixty five (365) day period. C. All services fees assessed under this chapter shall be due and payable within three (3) business days after the date a written notice of the services fee is sent to the person against whom the services fee is assessed. Any services fee paid within thirty(30) days after the due date shall 57 be reduced by fifty dollars ($50.00).Any services fee paid more than thirty(30) days but less than sixty(60)days after the due date shall be reduced by twenty five dollars ($25.00). Any services fee paid more than sixty(60) days after the due date shall not be reduced. If any services fee is not paid within ninety(90) days after the due date,the city may use such lawful means as are available to collect such services fee. If the city files an action in court to recover such services fee,the city shall be entitled to recovery of its court costs,prejudgment interest, and attorney fees in addition to the services fee due and owing. SECTION 84. Section 12.08.150 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 12.08.150: TRAFFIC SCHOOL PERMITTED: Salt Lake City Corporation may develop a program to be known as "traffic school"to be used to educate the public as to the laws and safety practices associated with the movement of traffic, including motor vehicles, other self-propelled vehicles,bicycles,other human powered vehicles and pedestrian traffic within the state of Utah. Persons attending the school shall pay the fee per course, as shown on the Salt Lake City Consolidated Fee Schedule, to offset the costs of the program. SECTION 85. Section 12.56.210 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 12.56.210: PARKING METERS; SPECIAL USE CONDITIONS AND FEES: Permission to park in parking meter spaces without the deposit of a coin may be granted by the city transportation engineer or the engineer's designee upon application being made therefore in writing upon the following conditions: 58 A. A showing of a substantial need to temporarily close off the meters involved to the public use for a stated duration of time, B. The placing of authorized bags over the meters involved, and C. The payment daily in advance to the city treasurer according to the following schedule: 1. The fee shown on the Salt Lalce City Consolidated Fee Schedule per meter per day, or part thereof. 2. The fee shown on the Salt Lake City Consolidated Fee Schedule per meter per day, or part thereof for an event that: a) continues for not less than three (3) consecutive days,b) significantly fosters area business promotion, and c) has an expected attendance exceeding five thousand(5,000)persons. 3. The fee shown on the Salt Lake City Consolidated Fee Schedule per meter per day, or part thereof during the filming of a movie, television series or commercial. 4. No fee shall be charged to any organization, for up to a total of thirty(30) days in any calendar year,that provides written verification from the internal revenue service that the organization has been granted tax exempt status as a religious or charitable organization under section 501(c)(3) of the internal revenue code, or its successor. 5.No fee shall be charged to any organization using such meter under the direction of the city in connection with a city sponsored special event. SECTION 86. Section 12.56.325 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 12.56.325: LOADING ZONES AND RESTRICTED PARKING; SPECIAL USE CONDITIONS AND FEES: 59 Permission to park in.loading zones and/or restricted parking areas may be granted by the city transportation engineer or the engineer's designee upon application being made therefor in writing upon the following conditions: A. A showing of a substantial need to temporarily close off the loading zone or restricted parking area to the public use for a stated duration of time, and B. The payment daily in advance to the city treasurer according to the following schedule: 1. The fee shown on the Salt Lake City Consolidated Fee Schedule per vehicle space in a loading zone or restricted parking area per day, or part thereof. 2. The fee shown on the Salt Lake City Consolidated Fee Schedule per vehicle space in a loading zone or restricted parking area per day, or part thereof for an event that: a) continues for not less than three(3)consecutive days,b) significantly fosters area business promotion, and c) has an expected attendance exceeding five thousand(5,000) persons. 3. The fee shown on the Salt Lake City Consolidated Fee Schedule per vehicle space in a loading zone or restricted parking area per day, or part thereof during the filming of a movie, television series or commercial. 4.No fee shall apply outside the area of the city bounded by the following streets: North Temple, 200 East, 600 South, and 200 West. 5. No fee shall be charged to any organization, for up to a total of thirty(30) days in any calendar year that provides written verification from the internal revenue service that the organization has been granted tax exempt status as a religious or charitable organization under section 501(c)(3) of the internal revenue code, or its successor. 60 6.No fee shall be charged to any organization using such loading zone or restricted parking area under the direction of the city in connection with a city sponsored special event. SECTION 87. Section 12.56.330 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 12.56.330: FREIGHT CURB LOADING ZONES: A. No person shall stop a vehicle or permit the same to remain stopped for any purpose or length of time other than for the expeditious loading and/or unloading of materials in any place marked as a freight curb loading zone during the hours when the provisions applicable to such zones are in effect. B. Vehicles so using freight curb loading zones must have a freight license sticker permanently affixed to the front windshield of the vehicle. Said sticker shall be obtained from the business license supervisor upon payment of the base business license fee shown on the Salt Lake City Consolidated Fee Schedule, plus a sticker fee shown on the Salt Lake City Consolidated Fee Schedule and shall be renewable annually. Said sticker is not transferable to any other vehicle, except as provided herein. The maximum number of stickers which may be issued to a business shall be the number of vehicles used by the business for transporting freight. In the event the licensee sells, assigns or transfers such vehicle, the city license may be transferred to a newly acquired vehicle upon application to the city license supervisor. In the event a sticker or permit issued by the city under this chapter is lost or destroyed, the licensee shall forthwith obtain a replacement sticker or permit from the city. The fee for a transfer of a motor vehicle license shall be as shown on the Salt Lake City Consolidated Fee Schedule, for 61 each vehicle. The fee for replacement of a sticker or permit issued by the city under this chapter shall be as shown on the Salt Lake City Consolidated Fee Schedule,per replacement. C. In no case shall the stop for loading and/or unloading of materials exceed thirty(30) minutes. D. The driver of a passenger vehicle may stop at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any city licensed vehicle used for the transportation of materials which is waiting to enter or about to enter such zone;provided, however, that the driver must remain with his or her vehicle. SECTION 88. Section 12.56.550 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 12.56.550: UNAUTHORIZED USE OF STREETS, PARKING LOTS AND OTHER AREAS; PENALTIES: A. Violation: 1. Any person engaging in the unauthorized use of streets,parking lots or other areas as provided under this chapter, within the city, shall be liable for a civil penalty. Any penalty assessed in subsection B of this section may be in addition to such other penalties as may be provided in this title. 2. "Unauthorized use of streets" means a violation of any restriction or prohibition contained in this chapter or its successor. B. Civil Penalties: Civil penalties shall be imposed as follows: Section Of This Chapter Penalty r--- .; :i 62 12.56.040 $140 .00 '4 r 12.56.050 135 .00 ,' '17 12.56.080. 150 .00 1 44 ' — 12.56.100 135 .00 lil ! - 1 12.56.110 135 .00 r— ! 12.56.120 260 .00 ;,) 12.56.130 260 .00 1 12.56.150 125 .00 '1 i-- n 12.56.180 ' 135 .00 -a ' 12.56.190 125 .00 j1 12.56.210 .1135 .00 z gl r— 1 12.56.235 135 .00 .1 : 12.56.240 140 .00 ;—, 12.56.250 ' 135 .00 ` s i li 12.56.290 135 .00 Imo . . 12.56.300 140 .00 12.56.302 125 .00 12.56.303 125 .00 12.56.304 125 .00 1 r- 7 112.56.310 140 .00 _" 1— r 12.56.330 140 .00 12.56.350 135 .00 11 12.56.360 140 .00 12.56.380 140 .00 r- 12.56.390 135 .00 il ii 112.56.400 135 .00 rl 63 r-- 12.56.410 135 .00 € 12.56.420 140 .00 [1 12.56.430 . 135 .00 r-- 12.56.4401 135 .00 H- 12.56.440A5 147 .00 12.56.440A19 260 .00 • 12.56.450 ;1 125 .00 12.56.460 1 140 .00 i 12.56.465 , 192 .00 . 12.56.470 140 .00 12.56.480 140 .00 • 12.56.490 140 .00 12.56.500 140 .00 12.56.515 1135 .00 • 12.56.520 ' 135 .00 4 12.56.525 135 .00 hi Note: 1.With the exception of subsections 12.56.440A5 and A19. C. Reduction Of Penalties: The civil penalties specified in subsection B of this section shall be subject to the following: 1. Any penalty that is paid within ten(10) days from the date of receipt of notice shall be reduced by the sum of one hundred ten dollars ($110.00). 2. Any penalty that is paid within twenty(20) days from the date of receipt of notice shall be reduced by the sum of seventy dollars ($70.00). 64 3. Any penalty that is paid within thirty(30) days from the date of receipt of notice shall be reduced by the sum of forty dollars ($40.00). D. Receipt Of Notice: As used in this section, "receipt of notice" means the affixing of a notice to the vehicle alleged to have been employed in such unauthorized use, or by delivery of such notice to the owner or driver thereof. E. Other Fees And Assessments: An administrative fee shown on the Salt Lake City Consolidated Fee Schedule shall be assessed for the city's cost of collecting past due debts. SECTION 89. Section 12.64.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 12.64.090: PARKING PERMIT FEES: To defray program administration costs, fees associated with the city parking permit program shall be established by the declaration of the transportation engineer applicable to the city permit parking area. The fees shall be as shown on the Salt Lake City Consolidated Fee Schedule SECTION 90. Section 12.96.25 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 12.96.25: TOWING, IMPOUND, STORAGE,AND BOOTING FEES: There are imposed for the towing, impound, storage, and booting of vehicles under this chapter fees as shown on the Salt Lake City Consolidated Fee Schedule. A. Damage To Or Failure To Return Immobilization Device: The owner of a vehicle immobilized under this chapter shall be strictly liable for the cost of repair or replacement of an immobilization device damaged or destroyed by attempts to wrongfully remove or tamper with the device and for any damage to the vehicle caused by an attempt to drive while the 65 immobilization device is in place or by failure to return the device within the time limit specified by the city's third party provider. SECTION 91. Section 14.08.015 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 14.08.015: STREET NAME CHANGE FEES: A nonrefundable fee as shown on the Salt Lake City Consolidated Fee Schedule shall be paid by any person requesting consideration by the city of a change of the name of any city street. Said fee shall not be payable where such street name change is determined by the city to be necessary in order to eliminate duplication of names or to avoid other confusion which would have a negative impact upon the providing of emergency services if such street remains unchanged. SECTION 92. Section 14.08.040 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 14.08.040: HOUSE NUMBERS; CERTIFICATE AND FEE: Upon application being made to the public works director,he/she shall issue a certificate giving the correct street number for such house or building, for which he/she shall charge and receive the fee shown on the Salt Lake City Consolidated Fee Schedule. SECTION 93. Section 14.10.040 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 14.10.040: PERMIT FEE: The applicant for a public survey monument permit shall pay with the application the fee shown on the Salt Lake City Consolidated Fee Schedule for the first monument per application 66 and the fee shown on the Salt Lake City Consolidated Fee Schedule for every additional monument on the same application. SECTION 94. Section 14.10.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 14.10.090: ITEMIZED STATEMENT OF EXPENSES: The city shall prepare an itemized statement of all expenses incurred in the restoration, repair,raising, replacement or uncovering, including any necessary resurveying, of any public survey monument which the city is required to restore,repair,raise,replace or uncover. The statement shall be mailed or delivered to the person who caused the city to take such action or to the person for whom the work was performed. The statement shall include the cost of all city personnel. Minimum costs for the following services shall be as shown on the Salt Lake City Consolidated Fee Schedule. A. Replacing a monument by survey. (This occurs when a monument is destroyed and must be replaced by surveying from other monuments in the area.) B. Replacing a monument by survey ties. (This occurs when a monument will be disturbed and the city surveyor is notified in advance to allow time for the monument to be referenced.) Payment of the statement shall be due within twenty(20) days of the mailing or delivery of the statement. The statement shall be deemed delivered when sent by certified mail or hand delivered, addressed to the last known address of the person who caused the city to take action or the person for whom such work was performed. SECTION 95. Section 14.12.130 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 67 14.12.130 Removal of Parking Meters A. Permission to remove a parking meter or meters from the street maybe granted by the transportation engineer or the engineer's designee upon application being made therefor in writing showing a substantial need to temporarily close off metered parking spaces to the public use for a stated duration of time,together with payment in advance to the city treasurer of the fee, shown on the Salt Lake City Consolidated Fee Schedule,per meter so removed per day, or part thereof. However,no fee shall be charged to: 1) any organization, for up to a total of thirty (30) days in any calendar year, that provides written verification from the internal revenue service that the organization has been granted tax exempt status as a religious or charitable organization under section 501(c)(3) of the internal revenue code, or its successor, or 2) any organization using such meter space under the direction of the city in connection with a city sponsored special event. The petitioner shall be responsible for, and install,meter post replacements according to city specifications, as set forth by the transportation engineer. SECTION 96. Section 14.32.400 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 14.32.400: EXCAVATION PERMIT FEES: A. Fees: The city engineer shall charge, and the city treasurer shall collect, upon issuing a pennit,the fees shown on the Salt Lake City Consolidated Fee Schedule for review of the application and site inspection of: 1. Excavation 2. Multiple utility excavation 3. Portions Of The Public Way To Which Excavation Restrictions Apply: Excavation permits for portions of the public way to which excavation restrictions apply, 68 • when permitted pursuant to the provisions of this chapter, shall be issued only upon written authorization of the city engineer and the permit fees shall be two (2)times the normal rates published in this section. The city engineer may also require persons working in such portions of the public way to employ extraordinary measures in restoring said street such as applying seal coat or other surface treatment to maintain the overall integrity of the surface. The value of such extraordinary measures may,in the discretion of the city engineer,be used to offset the additional fees. 4. Poles and anchors B. Higher Fee: Where any of the foregoing subsections specify a higher fee rate for any period, such higher fee shall be applicable if any portion of the work is completed during the higher fee period. C. Permit Extension: Fee as shown on the Salt Lake City Consolidated Fee Schedule. The city engineer may deny this permit extension when work is not proceeding on the project in a satisfactory manner. SECTION 97. Section 14.32.405 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 14.32.405: PUBLIC WAY IMPROVEMENT FEES: The city engineer shall charge, and the city treasurer shall collect,upon issuing a permit, the fees shown on the Salt Lake City Consolidated Fee Schedule for review of the application and site inspection of public way improvements. D. For in-kind replacement of existing sidewalk, curb and gutter, or driveway approach, a no charge permit will be issued. • 69 E. Where any of the foregoing subsections specify a higher fee rate for any period, such higher fee shall be applicable if any portion of the work is completed during the higher fee period. SECTION 98. Section 14.32.410 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 14.32.410: PUBLIC WAY OBSTRUCTION PERMIT FEES: The city engineer shall charge, and the"city treasurer shall collect, upon issuing a permit, the following fees for review of the application and site inspection of obstructions in the public way: A. Monthly Fee (Construction Barricades Requiring More Than 5 Days): In addition to excavation fees: 1. Flat fee for all or any part of a block face: As shown on the Salt Lake City Consolidated Fee Schedule. 2. Each additional block face: As shown on the Salt Lake City Consolidated Fee Schedule. 3. Permit extension: As shown on the Salt Lake City Consolidated Fee Schedule B. Short Term Occupation Of The Public Way(5 Days Or Less): Scaffolding or other temporary structures over public way, or storage of construction materials or soil.Permit up to and including five (5) days: As shown on the Salt Lake City Consolidated Fee Schedule,per setup.No fee shall be charged for scaffolding or staging done behind an approved barricade fence. C. Permit Extension: The fee for each permit extension shall be as shown on the Salt Lake City Consolidated Fee Schedule. 70 SECTION 99. Section 14.32.418 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 14.32.418:BARRICADE PERMIT FEES: The transportation director shall charge the fee shown on the Salt Lake City Consolidated Fee Schedule,upon reviewing and processing a barricade permit plan proposal. SECTION 100. Section 14.36.080 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 14.36.080:PERMIT FEE: The permit application shall be accompanied by the fee shown on the Salt Lake City Consolidated Fee Schedule,per newsrack to partially defray the cost of reviewing the permit application. SECTION 101. Section 14.36.110 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 14.36.110:CERTIFICATE FEE: Accompanying the certificate filing shall be the fee shown on the Salt Lake City Consolidated Fee Schedule,per newsrack to partially defray the city's cost of reviewing the certificate and the information contained therein. SECTION 102. Section 14.38.100 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 14.38.100:REGISTRATION FEE: 1 The registration form shall be accompanied by the registration fee shown on the Salt Lake City Consolidated Fee Schedule to partially defray the city's cost of reviewing the registration form,issuing the registration certificate,enforcing this chapter and otherwise 71 recouping those maintenance,public health and safety,or other costs and expenses related to this chapter. SECTION 103. Section 14.40.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 14.40.030:PERMIT;APPLICATION AND FEE: All applications for permits to erect poles must be in writing addressed to the director of public services,must be signed by the person desiring to erect the poles therein specified,must state the place or places where it is desired to erect poles,and must be accompanied by the fee shown on the Salt Lake City Consolidated Fee Schedule for each pole,permission to erect which is applied for.Such application must be left with the director of public services and be filed in his/her office. SECTION 104. Section 14.52.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 14.52.030:PROCESSING PETITIONS: There will be three(3)phases for processing petitions to dispose of city owned alleys under this section.Those phases include an administrative determination of completeness;a public hearing,including a recommendation from the planning commission;and a public hearing before the city council. A.Administrative Determination Of Completeness:The city administration will determine whether or not the petition is complete according to the following requirements: 1.The petition must bear the signatures of no less than eighty percent(80%)of the neighbors owning property which abuts the subject alley property; 72 2. The petition must identify which policy considerations discussed above support the petition; 3. The petition must affirm that written notice has been given to all owners of property located in the block or blocks within which the subject alley property is located; 4. A signed statement that the applicant has met with and explained the proposal to the appropriate neighborhood organization entitled to receive notice pursuant to title 2, chapter 2.62 of this code; and 5. The appropriate city processing fee shown on the Salt Lake City Consolidated Fee Schedule has been paid. B. Public Hearing And Recommendation From The Planning Commission: Upon receipt of a complete petition, a public hearing shall be scheduled before the planning commission to consider the proposed disposition of the city owned alley property. Following the conclusion of the public hearing, the planning commission shall make a report and recommendation to the city council on the proposed disposition of the subject alley property. A positive recommendation should include an analysis of the following factors: 1. The city police department, fire department,transportation division, and all other relevant city departments and divisions have no reasonable objection to the proposed disposition of the property; 2. The petition meets at least one of the policy considerations stated above; 3. Granting the petition will not deny sole access or required off street parking to any property adjacent to the alley; 4. Granting the petition will not result in any property being landlocked; 73 5. Granting the petition will not result in a use of the alley property which is otherwise contrary to the policies of the city, including applicable master plans and other adopted statements of policy which address,but which are not limited to,midblock walkways,pedestrian paths,trails, and alternative transportation uses; 6.No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed within twelve(12)months of issuance of the building permit; 7. The petition furthers the city preference for disposing of an entire alley, rather than a small segment of it; and 8. The alley property is not necessary for actual or potential rear access to residences or for accessory uses. C. Public Hearing Before The City Council: Upon receipt of the report and recommendation from the planning commission,the city council will consider the proposed petition for disposition of the subject alley property. After a public hearing to consider the matter, the city council will make a decision on the proposed petition based upon the factors identified above. • SECTION 105. Section 15.14.020 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.14.020: Wedding,Reception, Party, Meeting, and Filming Fees Any person, organization or group desiring to use the facilities within the city and county building or the grounds of Washington Square shall pay the fee for the use of such facilities as shown on the Salt Lake City Consolidated Fee Schedule: 74 A. Social Activities: 1.Wedding Ceremony;No Food: Wedding ceremony only where no food is involved,with a time limit of two (2) hours. A deposit as shown on the Salt Lake City Consolidated Fee Schedule shall also be required. 2. Activity With Food: A wedding,party or other social activity involving food. A deposit as shown on the Salt Lake City Consolidated Fee Schedule shall also be required. B. Filming: Any motion picture, video, or still photograph taken for other than private parties doing filming for their own noncommercial use shall pay fees and deposits for the use of such facilities as shown on the Salt Lake City Consolidated Fee Schedule: 1. For fihning which involves the following numbers of staff, crew or other persons at the filming site who are employed by or associated with the filming entity;the fee for each four(4)hour block or portion thereof during which the city's facilities or grounds are being used, plus a one time deposit for the event, as follows: a. Fewer than eight(8)persons: The fee shown on the Salt Lake City Consolidated Fee Schedule per four(4)hours plus the deposit shown on the Salt Lake City Consolidated Fee Schedule. b. Eight (8)to fifteen(15)persons: The fee shown on the Salt Lake City Consolidated Fee Schedule per four(4) hours plus the deposit shown on the Salt Lake City Consolidated Fee Schedule. c. More than fifteen(15)'persons: The fee shown on the Salt Lake City Consolidated Fee Schedule per four(4)hours plus the deposit shown on the Salt Lake City Consolidated Fee Schedule. 75 2. For filming by a "religious or charitable organization", as defined at section 15.14.010 of this chapter or its successor, or by a public entity no fee shall be charged, but a one time deposit for the event shall be required according to the number of staff, crew and other persons at the filming site who are employed by or associated with the filming entity as follows: a. Fewer than eight(8)persons: the deposit shown on the Salt Lake City Consolidated Fee Schedule. b. Eight (8) to fifteen(15)persons: the deposit shown on the Salt Lake City Consolidated Fee Schedule. c. More than fifteen (15)persons: the deposit shown on the Salt Lake City Consolidated Fee Schedule. C. Miscellaneous Meetings: All other meetings,uses or activities shall pay a fee for the use of such facilities according to the following schedule: 1. Regular City Business Hours: During regular business hours between eight o'clock (8:00) A.M. and five o'clock(5:00) P.M., Monday through Friday: the fee shown on the Salt Lake City Consolidated Fee Schedule. A deposit shown on the Salt Lake City Consolidated Fee Schedule shall also be required. Meetings or activities during said business hours shall be limited to a maximum of forty(40) persons and shall be for no more than three (3)hours' duration. 2. Nonbusiness Hours: At any other time on weekdays and during nonbusiness hours and at any time on Saturdays, Sundays and legal holidays: the fee shown on the Salt Lake City Consolidated Fee Schedule per hour. A deposit shown on the Salt Lake City Consolidated Fee Schedule shall also be required. 76 D. Damage; Other Expenses From Use: 1. Setoff Against Deposit: Whenever a deposit is required under this chapter, any property damage or expense incurred by the city as a result of the use by a person, organization or group shall be deducted from such deposit, and the balance shall be refunded to the user. 2. Costs In Excess Of Deposit: In the event cleaning,property damage expenses incurred by the city resulting from the use of the city facilities exceed the amount of any deposit required hereunder, the person, organization or group which reserved the use of the facilities shall be liable to Salt Lake City for such costs, damages or expenses in excess of the deposit. A reasonable deposit in a sum greater than that set forth herein may be required by the city of any person,'organization or group whose previous use of city facilities has resulted in damages, costs or expenses to the city in excess of the required deposit, or when the manager of the support services division reasonably expects, because of the size of an organization or group, that the city's costs of cleaning the facilities following the event will exceed the amount of the deposit provided hereunder. 3. Use Debarment: The city may refuse the use of city facilities to any person, organization or group: a) whose previous use of said facilities has resulted in costs, damage or expenses to the city in excess of a required deposit; or b) which has failed or refused to pay the city for such expenses to the city previously incurred in excess of a required deposit; or c) whose prior use of city facilities resulted in a violation of a Salt Lake City ordinance or state or federal law. E. Supplemental Charge For Exclusive Building Use: Any person or entity which desires exclusive use of the entire city and county building for an activity as provided under this chapter 77 shall pay a surcharge fee shown on the Salt Lake City Consolidated Fee Schedule in addition to all other fees which may otherwise be applicable hereunder. F. Fee And Deposit Exceptions: 1. Religious, Eleemosynary, Charitable Organizations: Religious, eleemosynary or charitable organizations as defined in section 15.14.010 of this chapter or any successor law are exempt from paying fees provided in this chapter,provided they pay required deposits for use at other than regular business hours and provided they obtain all permits and otherwise comply with all other applicable laws,rules, regulations and conditions regarding the space or area utilized. This exemption shall not apply to supplemental direct cost or exclusive use fees. 2. Government Entities And Neighborhood Civic Organizations: Governmental entities and neighborhood civic organizations,recognized pursuant to title 2, chapter 2.60 of this code, are exempt from the fee and deposit requirements of this chapter,provided they obtain all applicable permits and comply with all other applicable laws, rules, regulations and conditions regarding the spaces or area utilized. This exemption shall not apply to supplemental direct cost or exclusive use assessments. G. Supplemental Direct Cost Assessment: In addition to any fees or deposits which may be payable under any provision of this chapter, all direct costs reasonably anticipated by the manager of the city's support services division shall be payable to the city in advance of the use of said city facilities by any private person, organization or group, or by any religious or charitable organization or public entity. SECTION 106. Section 15.16.010 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 0 78 15.16.010: Athletic Facility Reservation Fees A. Except as may be provided under written agreement with the city, any person, organization or group desiring to utilize any city owned athletic facility,may reserve that facility according to the fees shown on the Salt Lake City Consolidated Fee Schedule. Those reserving athletic facilities shall also be assessed the fee shown on the Salt Lake City Consolidated Fee Schedule per staff hour for any cleaning required of the parks division after the athletic facility is used. B. Weekday reservations must be made and paid in full at least twenty four (24) hours in advance. Weekend reservations must be paid iii full by the Thursday prior. SECTION 107. Section 15.16.020 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.16.020: Picnic Facility Reservation Fees Any person, organization or group desiring to reserve picnic facilities shall pay the fee shown on the Salt Lake City Consolidated Fee Schedule for the use of such facilities. Recreation kits shall be rented for five dollars thkty three cents ($5.33) plus tax which shall be payable at the time of pick up. Kits must be returned the weekday following the park reservation or Monday following a weekend reservation. A five dollar($5.00) late fee shall be charged each day thereafter. After ten(10) days, a replacement fee shall be assessed, in addition to the late fees, for all lost or nonreturned recreation kits as follows: Equipment bags $ 50.00 each Volleyball nets 25.00 each Ball bats 20.00 [ach Horseshoes 12.95 each : 79 Footballs 7.50 [each Soccer balls 6.95 `each tF Volleyballs 5 5 ::reach ,; Softballs 3.00 [each Replacement of entire kit 173.50 R W+�1.YYOY➢11XF �.: .WNi..:,L_::�1��1+'2i:.c..'�..:'�:i'F.'.l:::i5':_'.2�i.i}l._.i1:1:.-T.�'� SECTION 108. Section 15.16.031 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.16.031: Golf Courses, Green Fees A. Fees Imposed: There shall be imposed on any person playing golf at any of the city golf courses the fees shown on the Salt Lake City Consolidated Fee Schedule. Fees and policies listed in this section shall become effective January 1, 2010. All fees include sales tax unless otherwise noted. 1. Green Fees: Note: Senior and junior green fees shall be valid Monday through Friday all day and Saturday, Sunday, and recognized holidays after 12:00 noon. 2. Grandfathered Senior Season Golf Passes: In 1997, the decision was made by the Salt Lake City golf division, with the approval of the city council, to phase out the senior season pass program and to effectively grandfather the senior season pass program for qualified senior season pass holders based on their continued participation. Senior season passes for calendar years subsequent to 1997 were available solely to those individuals who had purchased calendar 1997 senior season passes on or before June 30, 1997. No other senior season passes were issued after this date. Senior season pass holders were required to renew their passes annually in order to remain eligible for a senior season pass. Any senior season pass holder who failed to renew a senior season 80 pass for any year would not be eligible for any further senior season pass. Grdfathered senior season golf passes may not be used Fridays through Sundays, on defined holidays, or for group reservation play. The fees pertaining to the grandfathered senior season pass program are shown on the Salt Lake City Consolidated Fee Schedule. 3. School Golf Teams: School golf team special play(high school and collegiate golf teams). 4. Tee Times: Advance tee time reservations -minimum 18 holes. The department of public services, with concurrence of the mayor, may set reasonable regulations with regard to amounts of refunds for cancellations and time in which cancellations must be made. 5. Frequent Player Discount Card (Nontransferable); Golfers may obtain from the Salt Lake City golf division administration office a nontransferable frequent player discount card, subject to the following terms and conditions: a. The annual purchase price of the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. b. The card is valid at all city operated golf courses. c. The card is valid for one calendar year from the date of purchase. d. Cardholders shall receive a twenty five percent(25%) discount from the prevailing green fee rate for which the cardholder qualifies on the day of play. e. The card is valid for green fee discounts all day Monday through Friday and Saturday, Sunday, and recognized holidays after twelve o'clock(12:00) noon. f. Cardholders shall receive a twenty five percent(25%) discount on the purchase of range balls at any time. 81 g. Junior cardholders (17 years of age or younger) and senior cardholders (65 years of age and older) will receive a twenty five percent(25%) discount in addition to prevailing junior and senior discount green fee rates. h. The card must be presented at time of play in order to receive green fee or range ball discounts. i. Except for junior and senior discounts,the card is not valid when presented with any other discount offer or during any listed city off peak discount time block. j. The card is not valid for use for tournament or group play. k. Lost or stolen cards will be subject to the replacement fee shown on the Salt Lake City Consolidated Pee Schedule. 6. Par Passport(Weekday 5-Course): Golfers may obtain from the Salt Lake City golf division administration office a nontransferable annual card called the par passport to be presented at the golf course in lieu of payment for green fees. This annual passport is subject to the following terms and conditions: a. The card may be used at any time Monday through Thursday and Friday until twelve o'clock(12:00)noon at the following courses: Forest Dale, Glendale, Jordan River Par-3,Nibley park, and Rose park. b. The adult price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. c. The senior price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. d. The card is valid for one year from the date of purchase. 82 e. The card is not valid on holidays. f The purchase price for the card and program availability are subject to change annually. g. Lost or stolen cards will be subject to the replacement fee shown on the Salt Lake City Consolidated Fee Schedule. 11. Birdie Passport(Weekday 9-Course): Golfers may obtain from the Salt Lake City golf division administration office a nontransferable annual card called the birdie passport to be presented at the golf course in lieu of payment for green fees. This annual passport is subject to the following terms and conditions: a. The card may be used at any time Monday through Thursday and Friday until twelve o'clock(12:00) noon at the following courses: Bonneville, Forest Dale, Glendale,Jordan River Par-3,Mountain Dell Lake,Mountain Dell Canyon, Nibley park,Rose park, and Wingpointe. b. The adult price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. c. The senior price for the card is shown on the Salt Lake City Consolidated Fee Schedule, plus tax. d. The card is valid for one year from the date of purchase. e. The card is not valid on holidays. f. The purchase price for the card and program availability are subject to change annually. g. Lost or stolen cardiwill be subject to the replacement fee shown on the Salt Lake City Consolidated Fee Schedule. 83 12. Eagle Passport(Unlimited 5-Course): Golfers may obtain from the Salt Lake City golf division administration office a nontransferable annual card called the eagle passport to be presented at the golf course in lieu of payment for green fees. This annual passport is subject to the following terms and conditions: a. The card may be used at any time seven(7) days a week(including holidays) at the following courses: Forest Dale, Glendale, Jordan River Par-3, Nibley park, and Rose park. • b. The adult price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. c. The senior price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. d. The card is valid for one year from the date of purchase. e. The purchase price for the card and program availability are subject to change annually. £ Lost or stolen cards will be subject to the replacement fee shown on the Salt Lake City Consolidated Fee Schedule. 13. Double Eagle Passport(Unlimited 9-Course): Golfers may obtain from the Salt Lake City golf division administration office a nontransferable annual card called the double eagle passport to be presented at the golf course in lieu of payment for green fees. This annual passport is subject to the following terms and conditions: a. The card may be used at any time seven(7) days a week (including holidays) at the following courses: Bonneville,Forest Dale, Glendale, Jordan 84 River Par-3, Mountain Dell Lake, Mountain Dell Canyon,Nibley park, Rose park, and Wingpointe. b. The adult price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. c. The senior price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. d. The card is valid for one year from the date of purchase. e. The purchase price for the card and program availability are subject to change annually. £ Lost or stolen cards will be subject to the replacement fee shown on the Salt Lake City Consolidated Fee Schedule. 14. Junior Par Passport (May Through August 5-Course): Junior golfers may obtain from the Salt Lake City golf division administration office a nontransferable annual card called the junior par passport to be presented at the golf course in lieu of payment for green fees. This annual passport is subject to the following terms and conditions: a. The card may be used May 1 through August 31. b. The card may be used at any time Monday through Thursday, Friday before twelve o'clock(12:00) noon and Saturday and Sunday after twelve o'clock (12:00) noon at the following courses: Forest Dale, Glendale, Jordan River Par-3, Nibley park, and Rose park. c. The card is not valid on holidays. 85 d. The junior price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. e. The purchase price for the card and program availability are subject to change annually. f. Lost or stolen cards will be subject to the replacement fee shown on the Salt Lake City Consolidated Fee Schedule. 15. Junior Birdie Passport (May Through August 9-Course): Junior golfers may obtain from the Salt Lake City golf division administration office a nontransferable annual card called the junior birdie passport to be presented at the golf course in lieu of payment for green fees. This annual passport is subject to the following terms and conditions: a. The card may be used May 1 through August 31. b. The card may be used at any time Monday through Thursday, Friday before twelve o'clock(12:00) noon, and Saturday and Sunday after twelve o'clock (12:00)noon at the following courses: Bonneville, Forest Dale, Glendale, Jordan River Par-3,Mountain Dell Lake, Mountain Dell Canyon,Nibley park,Rose park, and Wingpointe. c. The junior price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. d. The card is not valid on holidays. e. The purchase price for the card and program availability are subject to change annually. 86 f Lost or stolen cards will be subject to the replacement fee shown on the Salt Lake City Consolidated Fee Schedule. 16.Junior Eagle Passport(Annual 5-Course):Junior golfers may obtain from the Salt Lake City golf division administration office a nontransferable annual card called the junior eagle passport to be presented at the golf course in lieu of payment for green fees. This annual passport is subject to the following terms and conditions: a.The card may be used May 1 through August 31 at any time Monday through Thursday,Friday before twelve o'clock(12:00)noon,and Saturday and Sunday after twelve o'clock(12:00)noon at the following courses:Forest Dale, Glendale,Jordan River Par-3,Nibley park,and Rose park. b.The card may be used September 1 through April 30 after twelve o'clock(12:00)noon Monday through Thursday and Saturday and Sunday. c.The card is not valid on Fridays. d.The card is valid for one year from the date of purchase. e.The junior price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. f The card is not valid on holidays. g.The purchase price for the card and program availability are subject to change annually. h.Lost or stolen cards will be subject to the replacement fee shown on the Salt Lake City Consolidated Fee Schedule. 17.Junior Double Eagle Passport(Annual 9-Course):Junior golfers may obtain from the Salt Lake City golf division administration office a nontransferable annual card 87 called the junior double eagle passport to be presented at the golf course in lieu of payment for green fees.This annual passport is subject to the following terms and conditions: a.The card may be used May 1 through August 31 at any time Monday through Thursday,Friday before twelve o'clock(12:00)noon,and Saturday and Sunday after twelve o'clock(12:00)noon at the following courses:Bonneville, Forest Dale,Glendale,Jordan River Par-3,Mountain Dell Lake,Mountain Dell Canyon,Nibley park,Rose park,and Wingpointe. b.The card may be used September 1 through April 30 after twelve o'clock(12:00)noon Monday through Thursday and Saturday and Sunday. c.The card is not valid on Fridays. d.The card is valid for one year from the date of purchase. e.The junior price for the card is shown on the Salt Lake City Consolidated Fee Schedule,plus tax. f.The card is not valid on holidays. g.The purchase price for the card and program availability are subject to change annually. h.Lost or stolen cards will be subject to the replacement fee shown on the Salt Lake City Consolidated Fee Schedule. 18.Private Lessons:Private lesson fees may be established by the individual teacher.Private lesson fees shall be approved annually by Salt Lake City golf administration. 88 B. Use Of Senior And Junior Discount Fees: Senior and junior discount fees provided for in this chapter may not be used for group reservation play, or before twelve o'clock(12:00) noon on Saturdays, Sundays, or recognized holidays. C. Definitions: 1. A "junior" is any person seventeen (17) years of age or younger. 2. A "senior" is any person sixty five (65) years of age or older. 3. The following shall be considered "recognized holidays": Memorial Day, Independence Day,Pioneer Day, and Labor Day. D. Adjustment Of Fees: The director of public services,with approval of the mayor, shall have the authority, at any time,to reduce the fees listed in this section for any city golf course, if the director deems it necessary to reduce fees in order to increase the use of the golf course. SECTION 109. Section 15.16.035 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.16.035: Golf Courses; Group Reservations Reservations for exclusive use of a course such as for group play or tournaments shall be allowed in accordance with the following guidelines: A. Tournament Fees: Additional fees above and beyond the regular green and cart fees shall be required for group play or tournaments. A per person minimum tournament fee shall be charged as shown on the Salt Lake City Consolidated Fee Schedule. 1. One hundred percent(100%) of the per person tournament fee shall be credited toward pro shop merchandise certificates for the group with the following exception: The golf course shall have the option of designating up to twenty percent (20%) of the 89. tournament fee as a scoring fee for groups requiring scoreboard or scorekeeping services from or arranged by the city's golf staff. For groups paying the scoring fee, the balance of the per player tournament fee shall be credited toward pro shop merchandise certificates. B. Green Fees: Green fees shown on the Salt Lake City Consolidated Fee Schedule shall be charged for each participant. C. Reasonable Regulations Set By Department Of Public Services: The department of public services,with concurrence of the mayor, may set reasonable regulations with regard to: 1. How many days in advance of the date for which the facility is reserved that all reservation and green fees must be paid; 2. Amounts of refunds for cancellations and time in which cancellations must be made; 3. Rescheduling "rainouts"; 4. Minimum and maximum number of golfers; 5. Cart reservations; 6. Minimum and maximum numbers of holes to be reserved for group play; 7. Dates and times for taking group reservations; 8. Golf courses for which group'reservations may be made; 9. Fees for special services requested of the city over and above services normally provided; however, such costs shall reflect actual city costs, including overhead; 10. How many group reservations a person or group can make in a single calendar year; 11. How many group reservations a person can make per request; 12. Making reservations by phone or in person. 90 D. Adjustment Of Fees: The director of public services,with approval of the mayor, shall have the authority, at any time, to reduce the fees listed in this section for any city golf course, if the director deems it necessary to reduce fees in order to increase the use of the golf course. SECTION 110. Section 15.16.060 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.16.060: Tennis Court Use Fees A. A person or persons desiring to play tennis upon any tennis court located in Liberty park and the city's Dee Smith tennis courts shall pay for the use of such court as shown on the Salt Lake City Consolidated Fee Schedule,per hour per court during any of the following times: 1. For Dee Smith, every day, all day from sunup to sundown and throughout the entire year,weather permitting; 2. For Liberty park,weekdays from five o'clock (5:00)P.M. until closing, and on Saturdays, Sundays and holidays from eight o'clock(8:00)A.M. until five o'clock(5:00) P.M. B. A person or persons desiring to play tennis upon any tennis court located in Liberty park shall pay for the use of such as shown on the Salt Lake City Consolidated Fee Schedule, per hour per court during any of the following times: 1. Weekdays from eight o'clock(8:00) A.M. to five o'clock(5:00) P.M. C. Play on any other tennis court owned by the city or on any court located in Liberty park during hours other than as shown above shall be free of charge. D. In Liberty park from May 15 to August 15, no person shall be allowed to reserve more than one court for play at the same time during weekdays from five o'clock(5:00) P.M. until closing or Saturdays, Sundays and holidays from eight o'clock(8:00) A.M. until five o'clock 91 • (5:00) P.M. During other hours, group reservations (2 or more courts) shall be limited to no more than five(5) courts at any one time. A person making a group reservation shall pay a reservation fee shown on the Salt Lake City Consolidated Fee Schedule,per hour per court reserved. E. Any group or organization desiring to reserve any tennis courts at Liberty park for the purpose of conducting a tournament which is open to the general public, or to all persons within a specific age group, and which tournament is sanctioned by the Utah Tennis Association, shall not be restricted to the number of courts nor to the days and hours prescribed by subsection D of this section, or its successor subsection;however, a reservation shown on the Salt Lake City Consolidated Fee Schedule,per hour per court so reserved shall be paid irrespective of the time of year or hour of the day such courts are reserved. Tennis courts maybe reserved for like tournament play, or any tournament not sanctioned by the Utah Tennis Association, at other city tennis courts free of charge. SECTION 111. Section 15.16.080 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.16.080: Aquatic Center Fees A. The individual admission fee shall be established by the director of public services, as approved by the mayor; provided,however, that the individual admission fee shall not exceed the amount shown on the Salt Lake City Consolidated Fee Schedule. B. Group rates for more than ten(10) people in a group shall be as shown on the Salt Lake City Consolidate Fee Schedule. C. 1. The director of public services, with the approval of the mayor, shall establish fees for annual passes;provided,however, that the maximum fees charged shall not exceed the amount shown on the Salt Lake City Consolidated.Fee Schedule. 92 2. The director of public services,with approval of the mayor, shall establish fees for summer passes (from Memorial Day to Labor Day); provided,however, that the maximum fees charged shall not exceed the amount shown on the Salt Lake City Consolidated Fee Schedule. 3. The family pass covers up to five(5) immediate family members living at the same address,including parents (any age) and/or dependents (under 25 years of age). Additional family members also must be under twenty five(25) years and living at home. D. The hourly rental rate of the indoor twenty five (25)yard pool shall be established by the director of recreation, with the approval of the mayor;provided, however, that the hourly rental rate shall not exceed the amount shown on the Salt Lake City Consolidated Fee Schedule. Salt Lake City district schools shall receive at least a fifty percent(50%) discount on the hourly rate as established in this subsection. E. The competitive youth swim team pass fee shall be established by the director of recreation,with the approval of the mayor; provided,however, that the fee shall not exceed the amount shown on the Salt Lake City Consolidated Fee Schedule. F. The director of public services, with the approval of the mayor, shall establish fees for swimming lessons; provided,however, that each fee shall not exceed the amount shown on the Salt Lake City Consolidated Fee Schedule. G. The director of public services, with the approval of the mayor, shall establish fees for swimming programs; provided,however, that each fee shall not exceed the amount shown on the Salt Lake City Consolidated Fee Schedule. 93 H. The director of public services,in establishing fees within the limitations provided in this section, shall determine the fee based upon the recoupment of costs incurred by the city for the use of the Steiner Aquatic Center. SECTION 112. 15.16.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.16.090: Recreation Program Fees A. The director of public services and the director of community and economic development,with approval of the mayor, shall establish a fee schedule for recreation program fees; provided,however, that the maximum fees charged shall be as follows: 1. City Special Events: The majority of special events produced or sponsored by Salt Lake City shall be free to the public. These events include, but are not limited to, Bike Bonanza,Friday Night Flicks,4th of July Celebration at Jordan Park, Fireworks for 24th of July Celebration at Liberty Park,Monster Block Party, Highland Bagpipe Experience, Salt Lake City Gets Fit Online Tracking, The People's Market, and the International Culture Fest. The Salt Lake City Gets Fit 5K is currently charging the admission fee shown on the Salt Lake City Consolidated Fee Schedule, The Salt Lake City Gets Fit Volleyball Tournament charges the admission fee shown on the Salt Lake City Consolidated Fee Schedule. These admission fees will not exceed the amount shown on the Salt Lake City Consolidated Fee Schedule,per person.'These fees represent a partial recovery of the costs to produce these events. 94 • Fees for additional special events and festivals that may be produced or sponsored by Salt Lake City, or held on city owned or city managed property, shall be established consistent with fees for similar events as set forth in the above fee schedule. 2. Programs And Fees: Youth and family programs: Programs 1--- Fees After school ; Effective fall 2010,monthly after school fees will be: program 11 ,M $10.00 for participants with a household income of$10,000.00 or less per fj . year; --I $35.00 for participants with a household income of more than$10,000.00 1y per year but less than.or equal to 42% of the area median income, or.with free lunch status; i $75.00 for participants with a household income of more than 42%but , less than or equal to 60% of the area median income, or with reduced I, • lunch status; $125.00 for participants with a household income of more than 60%but 1 less than or equal to 80% of the area median income; :1 •r $150.00 for participants with a household income of more than 80%but y less than or equal to 100%of the area median income; $200.00 for participants with a household income of more than 100% of ' • • the area median income; $200.00 for participants who are not residents of Salt Lake City, regardless of their income or lunch status. For purposes of the after school program, area median income shall be determined based on the federal housing and urban development guidelines for the Salt Lake City metropolitan statistical area. m 1 4 Summer . Fees will be charged on a monthly basis as follows: I program ri • • $10.00 for participants with a household income of$10,000.00 or less per j _ year; i $50.00 for participants with a household income of more than$10,000.00 ?' • per year but less than or equal to 42% of the area median income, or with r; 95 1 free lunch status; • I'S. $100.00 for participants with a household income of more than 42%but less than or equal to 60% of the area median income, or with reduced lunch status; • $150.00 for participants with a household income of more than 60%but . less than or equal to 80% of the area median income; 7. • $225.00 for participants with a household income of more than 80%but • less than or equal to 100% of the area median income; kit F $400.00 for participants with a household income of more than 100%of 3; the area median income; $400.00 for participants who are not residents of Salt Lake City, regardless of their income or school lunch status. For purposes of the summer program, area median income shall be determined based on the federal housing and urban development • guidelines for the Salt Lake City metropolitan statistical area. •, - ,n+a,••.P• 1,.•11•4•:Tn1•..rK.,,r1:R -,-aat ..v�,.,',. B. The director of public services and the director of community and economic development, in establishing fees within the limitations provided in this section, shall determine the fee based upon the recoupment of costs incurred by city personnel for their time in making the reservations and in their involvement with the activity. The fees charged do not represent the payment of any consideration for the use of the land,which is provided at no cost, fee, or consideration. SECTION 113. Section 15.16.100 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.16.100: Ceremony Permit Fees Fees for holding weddings and other fonnal ceremonies at city parks shall as shown on the Salt Lake City Consolidated Fee Schedule per day plus the fee shown on the Salt Lake City Consolidated Fee Schedule per staff hour from setup to take down for a parks attendant. 96 SECTION 114. Section 15.16.110 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.16.110: Food and Beverage Service Permits The city shall allow organized youth sports leagues to use city owned food and beverage facilities in city parks or to bring in temporary facilities to support and serve participants in and patrons of youth sports conducted in city parks. Youth leagues desiring to provide such service to participants or patrons shall apply for a seasonal food and beverage service peuiiit from the parks division director,in addition to any other perinits required by other governmental entities. Seasonal youth league food and beverage service permit fees shall be as follows: A. The fee shown on the Salt Lake City Consolidated Fee Schedule per season for the use of city owned food and beverage service facilities,including storage; B. The fee shown on the Salt Lake City Consolidated Fee Schedule per season for the use of temporary facilities brought in by the league that require hookup to city utilities; and C. The fee shown on the Salt Lake City Consolidated Fee Schedule per season for the use of temporary facilities brought in by the league requiring no hookup. SECTION 115. Section 15.24.180 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.24.180: TRANSFER OF CERTIFICATE; RECORDING FEE: The fee for recording a transfer of the certificate of burial rights from the original purchaser to another party shall be shown on the Salt Lake City Consolidated Fee Schedule.No such transfer shall be binding upon the city until such transfer fee has been paid and the transfer recorded by the city sexton/maintenance supervisor. 97 SECTION 116. Section 15.24.220 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.24.220: LOTS; CONTINUING CARE REQUIRED: A. All lots in the city cemetery shall be continually maintained by the city. The sale of the burial right to any lot shall be subject to a continuing care fee shown on the Salt Lake City Consolidated Fee Schedule. Said fee shall be collected from the person purchasing the burial right to such lot, and in consideration of the payment of said fee the city shall continually care for and maintain such lot until said lot is transferred to another party. Upon any sale or other transfer of the burial right to any cemetery lot, a continuing care fee shown on the Salt Lake City Consolidated Fee Schedule, per lot shall be payable to the city by the transferee. B. No grave opening upon any lot shall be authorized by the city sexton/maintenance supervisor if a continuing care fee is owed upon such lot until such fee is paid. The execution of an installment note in accordance with the provisions of this chapter shall be deemed payment in order to authorize grave openings. SECTION 117. Section 15.24.290 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.24.290: Fees for City Sexton/Maintenance Supervisor's Services A. Beginning July 1, 2009, the city sexton/maintenance supervisor shall collect from those requiring his/her services, fees shown on the Salt Lake City Consolidated Fee Schedule for the following services: 1. For opening and closing a single infant grave of five feet(5') in length or less; 2. For opening and closing a single adult grave for cement receptacle; 3. Fees for removal of remains of deceased individuals: 98 a. Adult removal from existing grave, b. Infant removal from existing grave, c. Removal of cremains; 4. For the burial of cremains; 5. For opening and closing a double deep grave; b. For opening and closing the top of an existing double deep grave; 7. Fees for removal and lowering Of'deceased individuals: a. Adult Salt Lake City resident b. Adult non-Salt Lake City resident, c. Infant Salt Lake City resident, d. Infant non-Salt Lake City resident; 8. For marker monitoring fees: a. Ground level marker, b. Upright marker. For purposes of this section, "ground level marker" means a marker that can be passed over by the city's lawn mowers without obstruction. All markers that are not ground level markers shall be known as "upright markers"; 9. For opening and closing a grave at the Fort Douglas cemetery. 10. For opening and closing a grave at the Jewish cemetery. B. Beginning July 1, 2009, for burials`not completed by four o'clock(4:00) P.M. on any day, the fee shown on the Salt Lake City Consolidated Fee Schedule per hour shall be charged in addition to any other fees and costs provided for in this chapter. .99 C. Beginning July 1, 2009, for any burial on a Saturday,the fee shown on the Salt Lake City Consolidated Fee Schedule shall be charged in addition to any other fees and costs provided for in this chapter. D. Beginning July 1,2009, for any burial on a Sunday or holiday,the fee shown on the Salt Lake City Consolidated Fee Schedule shall be charged in addition to any other fees and costs provided for in this chapter. SECTION 118. Section 16.12.140 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 16.12.140: TERMINAL USE FEES;AIRCRAFT AND PASSENGER SERVICES: There is imposed on any person using the passenger terminal facilities of Salt Lake City International Airport for enplaning or deplaning passengers into or from transport type aircraft the following fees for the use of aircraft apron facilities,baggage claim facilities and other common and public use facilities: A. For twenty two (22) or fewer flights in a calendar month, a use fee for the joint bag claim and other facilities will be computed as shown on the Salt Lake City Consolidated Fee Schedule plus a use fee shown on the Salt Lake City Consolidated Fee Schedule, per flight. B. For more than twenty two (22) flights in a calendar month, a use fee for the joint bag claims and other facilities will be computed as shown on the Salt Lake City Consolidated Fee Schedule plus a use fee shown on the Salt Lake City Consolidated Fee Schedule per flight for the first twenty two (22) flights. For flights in excess of twenty two (22) in a calendar month,only the use fee for the joint bag claims as computed per passenger emplaned and shown on the Salt Lake City Consolidated Fee Schedule will be imposed. 100. • C. If the international arrivals building is used, a use fee shown on the Salt Lake City Consolidated Fee Schedule. D. For use of the executive terminal on the east side of Salt Lake City International Airport, a use fee shown on the Salt Lake City Consolidated Fee Schedule,per flight. E. Any airline having a valid and existing(not terminated or expired) agreement with the city covering the use of baggage claim and terminal facilities at Salt Lake City International Airport shall be exempt from the use fee imposed by subsections A and B of this section. SECTION 119. Section 16.12.160 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 16.12.160: LANDING FEES: A. Computation: There is hereby imposed on every operator engaged in the business of transporting by air persons or property for hire,including,but not limited to, travel clubs, common carriers, contract carriers, foreign air carriers and charter operators, a landing fee for each aircraft (fixed wing) landing made at Salt Lake City International Airport. The landing fee shall be computed by multiplying the landing fee rate, as amended from time to time and charged to commercial airlines in accordance with the formula in exhibit C,part I(a) of the airport use agreement with participating air carriers dated July 1, 1978,by the number of thousands of pounds, or fraction thereof, of certified maximum gross landing weight, as defined in the federal air regulations, of the aircraft,whether the aircraft is actually in revenue service or not. B. Exemptions: 1. Any air carrier that has a valid and existing (not terminated or expired) airport use agreement with the city providing for the payment of landing fees for use of Salt 101 • Lake City International Airport shall be exempt from the landing fee imposed by this section. 2. Any such operator that is a fixed base operator based at Salt Lake City International Airport and operates a charter or air taxi service on a request basis shall, unless such operator has a valid and existing agreement with the city providing for the payment of landing fees as established by ordinance,be exempt from the landing fee imposed by this section. C. Helicopters: There is hereby imposed on every operator,not otherwise exempt, of a helicopter for the carriage of persons or property for hire for a landing fee for each helicopter landing made at Salt Lake City International Airport as shown on the Salt Lake City Consolidated Fee Schedule,per landing,regardless of weight. D. Landing Defined: The term "landing" as used in this section means and includes all landings, whether revenue or nonrevenue. The foregoing notwithstanding, the term "landing", for purposes of landing fee computation, shall not include the situation where an aircraft departs from the Salt Lake City International Airport for another destination and,without making a stop at another airport, said aircraft is forced to return to.and land at Salt Lake City International Airport because of meteorological conditions,Mechanical or operating causes, or for similar emergency or precautionary reasons. SECTION 120. Section 16.12.170 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 16.12.170: CARGO CARRIER RAMP USE FEE: A. Imposed: There are hereby imposed on every operator, engaged in the business of transporting property by air for hire, cargo carrier ramp use fees for each separate use of the . 102 cargo ramp facility at Salt Lake City International Airport.The cargo carrier ramp use fee shall be computed on an annual basis by the city,for each fiscal year,first determining the cost of: 1.Investment by the city for construction of the ramp; 2.Associated site development costs; 3.Administrative and maintenance costs; 4.A percentage equal to two percent(2%)of the total costs as outlined above representing the city's return on this investment. B.Cost FonnuIa:The investment costs associated with the ramp shall be amortized over a twenty(20)year period for the purpose of determining a yearly investment cost at an interest rate equal to the rate charged participating airlines for city investment as detailed in the airport use agreements.The city shall then take the sum of the yearly investment cost,the cost of administration and maintenance,and the percentage return on city investment,and shall allocate them as follows: 1.Thirty five percent(35%)of total yearly cost to aircraft usage; 2.Sixty five percent(65%)of total yearly cost to gross weight. C.Fee Determination:After these costs are allocated,fees to be charged to aircraft using the facilities shall be determined as follows: 1.The amount determined in subsection B 1 of this section shall be divided by the total number of aircraft utilizing the cargo ramp facilities in the prior year to determine a flat rate fee to be charged to each aircraft per use. 2.The amount determined in subsection B2 of this section shall be divided by the total gross certified landing weight of aircraft utilizing the cargo ramp in the prior year to 103 establish a basic rate per one thousand(1,000)pounds,or fraction thereof,of maximum gross certified landing weight and shall be charged according to each aircraft per use. D.Payment:Bills shall be submitted to the airline on a monthly basis and shall be payable within thirty(30)days of day of receipt. SECTION 121. Section 16.12.180 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 16.12.180:AIRCRAFT PARKING FEES: A.There are established the following classes of fees for the parking of aircraft at the Salt Lake City International Airport: 1.Monthly parking fees for airport based aircraft on airport controlled space,as shown on the Salt Lake City Consolidated Fee Schedule. 2.Daily transient aircraft parking fees on airport controlled space,as shown on the Salt Lake City Consolidated Fee Schedule. B.Any person engaging in air transportation services having an assigned gatehold shall be exempt from all parking fees in this section. SECTION 122. Section 16.56.050 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 16.56.050:MISCELLANEOUS BUSINESSES;ANNUAL FEE: Minimum requirements associated with any business for profit not specifically addressed in this title shall be as provided by the director.In providing the minimum requirements herein, the director shall treat all similar type services equally.Pennittee shall pay to the city the annual fee shown on the Salt Lake City Consolidated Fee Schedule prior to issuance of the permit agreement. 104 SECTION 123. Section 16.56.090 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 16.56.090: AIRCRAFT RENTAL: A. Minimum Requirements: Any person desiring to engage in the rental of aircraft to the public must, as a minimum, do the following: 1. Register the business with the director, stating the scope of activities to be performed; 2. Enter into a lease in which the leasehold shall contain adequate square footage of land to provide space for aircraft parking and building or buildings; 3. Lease or construct a building which will provide adequate square footage of properly heated and lighted space for housing of offices,restrooms and public space. Such building shall contain a telephone for public use; 4. Provide at least one person having a current pilot certificate with appropriate ratings. The office shall be attended during all hours of operations; 5. Provide at least one airworthy aircraft owned or leased in writing to the lessee; 6. Accomplish all work and maintain all aircraft in accordance with FAA regulations, and have all work inspected according to state and federal regulations; 7. Provide proof of insurance coverage in the form of a policy or a certificate of insurance,with a company or companies acceptable to the city, for all aircraft owned, in amounts not less than one million dollars ($1,000,000.00) combined single limit bodily injury liability and property damage liability and not less than one hundred thousand dollars ($100,000.00) per seat passenger liability. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional 105 insured,and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days'prior written notice to the city.The amounts under the basic coverage,as provided above,may be increased if,in the opinion of the city,it is warranted. B.Operating Hours:The normal operating hours of an aircraft rental business will be at the operator's discretion.The services,however,shall be reasonably available to the public. C.Fees:If the right to perform aircraft rental on the airport is granted to any person by permit agreement as stated in subsection 16,56.010E of this chapter,or its successor,such person shall pay the fee shown on the Salt Lake City Consolidated Fee Schedule,per year for each aircraft such person owns which will be used in the performance of aircraft rental.Ownership as used herein shall be as the term"owner"is defined in section 16.04.320 of this title,or its successor.The permittee will supply the director a list of all aircraft with the corresponding FAA "N-number"for all aircraft to be used in the performance of aircraft rental.Such fees will be paid prior to the issuance of the permit agreement.The payment of annual fees above will be increased or decreased by aircraft the permittee adds or may delete in the performance of aircraft rental during the time said permit agreement is in place.Permittee shall be subject to all conditions of this section except space requirements as stated in subsections A2 and A3 of this section. SECTION 124. Section 16.56.130 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 16.56.130:COMMERCIAL FLIGHT SERVICE: A.Any person desiring to engage in the commercial flight services shall,as a minimum, do the following: 106 1.Provide at least one person having a current pilot certificate with appropriate ratings for the aircraft to be flown; 2.Provide at least one properly certificated aircraft owned or leased in writing to the lessee which is maintained according to the standards of a commercial operation under the appropriate FAR; 3.Provide proof of insurance coverage in the form of a policy or a certificate of insurance,written by a company or companies acceptable to the city,for all aircraft owned or leased by lessee in amounts not less than one million dollars($1,000,000.00) combined single limit bodily injury liability and property damage liability and not less than one hundred thousand dollars($100,000.00)per seat passenger liability.Such policy or certificate of insurance shall be filed with the city,shall name Salt Lake City Corporation as an additional insured,and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days'prior written notice to the city.The coverages as provided above shall be increased if,in the opinion of the mayor or his/her designee,such is warranted. B.If the right to perform commercial flight service on the airport is granted to any person by permit agreement,as stated in subsection 16.56.010E of this chapter,or its successor,such person shall pay the fee shown on the Salt Lake City Consolidated Fee Schedule,per year.If the person performing a commercial flight service is the owner(as the term"owner"is defined in section 16.04.320 of this title,or its successor),of the aircraft used in the performance of a commercial flight service,the person performing a commercial flight service shall pay an additional fee shown on the Salt Lake City Consolidated Fee Schedule per aircraft per year for each aircraft used in the performance of a commercial flight service.The permittee will supply 107 the director a list of all aircraft with the corresponding FAA"N-number"for all owned aircraft to be used in the performance of commercial flight service.Such fees will be paid prior to the issuance of the permit agreement.The payment of annual fees above will be increased or decreased by owned aircraft the permittee adds or may delete in the performance of commercial flight service during the time the permit agreement is in place.The pernittee shall be subject to all conditions of this section except space requirements as stated in subsections A2 and A3 of this section. SECTION 125. Section 16.56.150 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 16.56.150:FLIGHT TRAINING: A.Any person desiring to engage in pilot flight instruction shall provide as a minimum the following: 1.Registration:Register the business with the director,stating the scope of activities to be entered into; 2.Lease:Enter into a lease in which the leasehold shall contain reasonable space which is adequate for operation of the business to be conducted; 3.Certification:Obtain appropriate certification to comply with FAA regulations and accomplish all flight checks and other requirements to maintain such certification in a current status; 4.Insurance: a.Provide proof of insurance coverage in the form of a policy or a certificate of insurance,with a company or companies acceptable to the city,in the minimum amounts established by section 63-30-34,Utah Code Annotated,or 108 its successor, as maximum amounts for which a governmental entity may be held liable, b. A flight instructor using an aircraft which it does not own shall be in compliance with this section if the aircraft owner carries insurance in type and amounts equal to or greater in coverage than the above, and the aircraft owner's insurer names the flight instructor as a named insured on the aircraft owner's insurance policy, c. Such policy or certificate of insurance shall be filed with the city, shall name Salt Lake City Corporation as an additional insured, and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30) days'prior written notice to the city. The above coverage shall be increased when, in the opinion of the mayor or his/her designee, such is warranted. B. If the right to perform flight training on the airport is granted to any person by permit agreement as stated in subsection 16.56.010E of this chapter, or its successor, such person shall pay the fee shown on the Salt Lake City Consolidated Fee Schedule,per year. If the person performing flight training is the owner(as the term "owner" is defined in section 16.04.320 of this title, or its successor), of the aircraft used in the performance of flight training,the person performing flight training shall pay an additional fee shown on the Salt Lake City Consolidated Fee Schedule per aircraft per year for each aircraft used in the performance of flight training. The perYmittee will supply the director a list of all aircraft with the corresponding FAA "N-number" for all owned aircraft to be used in the performance of flight training. Such fees will be paid prior to the issuance of the permit agreement. The payment of annual fees above will be increased or 109 decreased by owned aircraft the permittee adds or may delete in the performance of flight training during the time the pennit agreement is in place.The permittee shall be subject to all conditions of this section except space requirements as stated in subsection A2 of this section. SECTION 126. Section 16.56.170 of the Sail Lake City Code shall be,and hereby is, amended to read as follows: 16.56.170:RADIO,INSTRUMENT OR PROPELLER REPAIR SERVICE: A.Any person desiring to provide a radio,instrument or propeller repair service must,at a minimum,do the following: 1.Register the business with the director,stating the scope of activities to be entered into; 2.Obtain appropriate certification to comply with FAA regulations and maintain such certification in a current status; 3.Enter into a lease in which the Ieasehold shall contain adequate square feet of land for required building; 4.Construct or lease a building providing adequate square footage of properly lighted and heated space for housing office,restroom facilities and minimum shop and hangar space as required for FAA repair shop certifications.Such building shall contain public telephone facilities; 5.Provide at least one FAA certified repairman qualified in accordance with the terms of the repair station certificate; 6.The normal operating hours of such service will be at the operator's discretion. The services,however,shall be reasonably available to the public; 110 7.Provide proof of insurance coverage in the form of a policy or certificate of insurance,written by an insurance company or companies acceptable to the city,in an amount not less than one million dollars($1,000,000.00)combined single limit bodily injury liability and property damage liability.Such policy or certificate of insurance shall be filed with the city,shall name Salt Lake City Corporation as an additional insured,and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty(30)days'prior written notice to the city.Insurance coverage limits may be required to be increased when it is deemed by the city that the risk exposure is greater than the minimum requirements herein. B.If the right to perform radio instrument or propeller repair on the airport is granted to any person by permit agreement as stated in subsection 16.56.010E of this chapter,or its successor,such person shall pay the fee shown on the Salt Lake City Consolidated Fee Schedule prior to issuance of the permit agreement.The permittee shall be subject to all conditions of this section except space requirements,as stated in subsections A3 and A4 of this section. SECTION 127. Section 17.04.160 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.04.160:DOGS;PERMIT REQUIREMENTS: Owners or lessees of residences located within the Salt Lake City watershed area maybe allowed to maintain a dog within the watershed areas of the city only with and subject to a written permit from the director. A.Applicants shall submit to the Salt Lake County division of animal control certification of property ownership within city's watershed,or if a lessee,an owner's certification. 111 B.Applicants for such permits must submit a request to the department and obtain prior written approval,which must include their proposed method of housing and fencing in the dog. Such housing and the fenced enclosure shall be maintained in a clean and sanitary condition at all times and subject to inspection at any time by proper authorities. C.Applicants shall submit their proposed method of animal waste disposal for prior approval.Fecal waste must be disposed of on a daily basis in a manner approved by the Salt Lake Valley health department so as to prevent contamination of the watershed area. D.Proposed applicants will sign a written statement certifying that they agree to be governed and will abide by the following: 1.The enclosure used for the keeping of the dog will be maintained in a clean and sanitary condition at all times. 2.All dog fecal waste will be cleaned up on a daily basis and disposed of in an acceptable manner. 3.The dog will not be allowed off the owner's property,even if it is on a leash, except when it is entering or leaving the property in a vehicle.At these times,when the animal is outside its enclosure,the animal must be on a leash. 4.All permitted dogs shall wear special designation tags at all times. 5.No more than one dog permit will be allowed for any residence. 6.Owners of permitted dogs shall be subject to Salt Lake County animal control regulations and the Salt Lake City and county watershed regulations except as specified above. E.Applicants shall pay the regular dog fees for keeping of such animal plus a special permit fee shown on the Salt Lake City Consolidated Fee Schedule to the Salt Lake County 112 division of animal control for keeping the animal in city watershed areas.Prior to the issuance of any such permit,applicants shall submit a surety bond acceptable in force to the Salt Lake Valley health department,or cash in the amount of one hundred dollars($100.00),to ensure compliance with the above regulations. F.Any dog permit owner who is found to be in violation of any of the above requirements shall forfeit such person's dog permit and the required bond or cash to the Salt Lake Valley health department.Permit owners shall also be subject to all other applicable fines and penalties as required by law.Should an applicant whose permit and bond have been forfeited desire to apply for another such permit,the same fees shall be required,but the required bond shall be in the sum of three hundred dollars($300.00).After a second forfeiture the required bond shall be five hundred dollars($500.00). SECTION 128. Section 17.08.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.08.030:PICNIC FACILITIES;RESERVATION FEES: Any person or group desiring to reserve picnic facilities shall pay the fee shown on the Salt Lake City Consolidated Fee Schedule for the use of such facilities as determined by the public utilities advisory committee and approved by the director. SECTION 129. Section 17.16.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.16.040:WATER CONNECTION FEES AND CERTAIN CONNECTION REQUIREMENTS: 113 A.A connection fee shown on the Salt Lake City Consolidated Fee Schedule will be imposed for each permanent connection to the city's culinary water system for metered water service and automatic fire line,detector check and fire system connections. B.When a residential building is demolished and the existing service is reused for a replacement structure within five(5)years after demolition,no new connection fees will be charged.If the meter size is increased,a credit shall be given in the amount of the previously paid connection fee.After five(5)years from date of demolition;the property owner will be required to pay a new meter connection fee. C.When a commercial building,such as a hotel,motel,industrial building,etc.,is demolished the water connection fee shall be based and charged on the new additional use pursuant to subsection A of this section.After five(5)years from the date of demolition,the property owner will be required to pay a new water connection fee. D.All connection fees shall be paid prior to city issuance of a building permit,except connection fees for water main extensions covered in section 17.16.300 of this chapter,which shall be paid pursuant to such section. E.In all cases,the pipe and type of materials to be furnished and installed in the public right of way,or per written agreement,are to be maintained by the city,shall be approved by the public utilities director and shall be under the director's exclusive control.All excavation and other permits necessary shall be obtained at the expense of the applicant.Pipe and material outside the public way and pipe and materials installed as private pipelines or services shall be maintained by the property owners. F.All water main extensions shall be made at the expense of the person,persons or corporation petitioning for the extension,and shall be made without special taxes being levied to 114 pay for the same.All water mains shall be extended,at minimum,to the far end of the lot being serviced.All roads shall be subgraded prior to installation of the public utilities facilities. G.Additional charges will be imposed for the cost,installation,and inspection of meters. Said fees will be fixed and charged as determined by the director of the department of public utilities on a cost basis. SECTION 130. Section 17.16.050 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.16.050:UNSCHEDULED CHARGES SET BY DIRECTOR: All other charges for other size connections,and all work done by the public utilities department,including cutting and replacing pavement where necessary,shall be fixed and charged as determined by the public utilities director. SECTION 131. Section 17.16.345 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.16.345:LOT HYDRANT;FEE: When a culinary water service meter is not used for construction purposes,then during any lot or subdivision construction in the city's service area,the contractor shall install for each lot a Bose bib(standpipe with automatic drain)meeting the requirements of the city's director of public utilities.A fiat fee,as shown on the Salt Lake City Consolidated Fee Schedule,for water used during construction per residential lot shall be charged to and paid by the contractor. Commercial properties shall pay metered rates. SECTION 132. Section 17.16.410 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.16.410:TESTING OF METERS;COSTS: 115 Should any water taker using a water meter desire to have the meter on such person's premises tested,the charge shall be as shown on the Salt Lake City Consolidated Fee Schedule, where the meter is found to be correct,or to register in favor of the consumer,but where found to be oven-egistering,the cost of such test shall be borne by the city. SECTION 133. Section 17.16.590 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.16.590:FIRE HYDRANTS;CHARGES FOR WATER: A minimum charge will be made for the use of said water commencing at the time equipment for water hydrants is delivered to the applicant and until said equipment is again delivered to the waterworks storehouse and a receipt for the same given by the department.A deposit may be required to guarantee the payment of any charge made for the use of water.All water used through a meter shall be paid for at the same rates as are provided on the Salt Lake City Consolidated Fee Schedule. SECTION 134. Section 17.16.670 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.16.670:MINIMUM CHARGES: Each customer shall pay the minimum fixed charge shown on the Salt Lake City Consolidated Fee Schedule to cover meter reading,billing,customer service and collection costs. The minimum fixed charge for meters larger than ten inches(10")shall be based proportionately on meter capacity,as determined by the public utilities director. Customers who are granted an abatement for taxes on their dwelling under sections 59-2- 1106 through 59-2-1108,Utah Code Annotated,or successor provisions,shall be granted a four dollar fifty cent($4.50)abatement of the minimum monthly charge. 116 SECTION 135. Section 17.16.680 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.16.680:METER RATES: Each customer shall pay for each hundred cubic feet of water supplied through such customer's meter at the rates shown on the Salt Lake City Consolidated Fee Schedule. Note: 1."AWC"means average winter consumption,and is calculated as the average amount of water used by a customer during the months of November through March,inclusive(a "winter period"),taking into account the highest number of complete winter periods available for that customer,up to a maximum of 3 winter periods:Any customer that at the time of calculation has not established an AWC will be assigned the class average AWC by meter size for such customer's classification.Customers with defective plumbing or unexplained decreases in usage of more than 25 percent may be adjusted back to a prior AWC,or be assigned the class average by meter size.In cases where class average is not available or is not reasonable,the director may use other consumption information specific to such account to determine AWC. Notes: 1."Irrigation account"shall mean an account established for applying water for irrigation and landscaping only,as determined by the public utilities director or his designee. 2."Target budget"shall mean the estimated amount of water consumed per acre,which shall be established by the public utilities director or his designee each year for each customer based on factors including,but not limited to,evapotranspiration,and considering efficient water practices.A different target budget shall be established for each month of the irrigation season. SECTION 136. Section 17.44.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.44.030:ADDITIONAL SURVEYS OR INSPECTIONS;FEE: 117 In the event that the director finds the sewer connection at the building is not exposed when the inspector or surveyor visits the site to determine the materials used and/or elevation,or if the permittee has not given sufficient information when making application for a permit so that the survey can be completed,or if the permittee requests a change in the survey,an additional fee,as shown on the Salt Lake City Consolidated Fee Schedule,shall be determined and charged by the POTW. SECTION 137. Section 17.44.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.44.040:PERMIT;APPLICATION FOR REPAIRS AND REPLACEMENTS;FEE: Application for permits for sewer repair or replacement of any sewer line must be made in writing by a licensed and bonded sewer contractor or plumber on an application furnished by the director.Repair or replacement of any sewer line shall be tested and inspected in accordance with standards set by the POTW.The fee shown on the Salt Lake City Consolidated Fee Schedule shall be determined and collected by the POTW for each such inspection. SECTION 138. Section 17.44.050 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.44.050:TRIAL SEWER SURVEY FEE: In order to determine the feasibility of connecting a building to the POTW sewer,the property owner,or licensed and bonded plumber or sewer contractor may make an application for a trial sewer survey,the cost of which shall be set by the POTW and shown on the Salt Lake City Consolidated Fee Schedule.Any payment made hereunder does not constitute payment for a permit to connect to the sewer.Such survey shall not be made until the fee is paid in full. 118 SECTION 139. Section 17.44.110 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 17.44.110: REINSPECTION;ADDITIONAL FEE: In the event that the inspector finds the connection not in conformity with POTW standards, or if any changes are necessary requiring another inspection, a charge to be set by the POTW and shown on the Salt Lake City Consolidated Fee Schedule shall be collected for each such additional inspection. SECTION 140. Section 17.44.160 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 17.44.160: SURVEY STAKES; RESETTING FEE: In the event that such survey stakes are not available for the inspector to check the pipeline when inspection is required, the inspector may refuse to make an inspection of the work until stakes have been reset by the POTW and the fee to be set by the POTW and shown on the Salt Lake City Consolidated Fee Schedule has been paid by the permittee for the restaking. SECTION 141. Section 17.48.140 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 17.48.130: FEE; OPENING SEWER WHEN JUNCTION PIPE NOT AVAILABLE: Where there is no junction pipe in the POTW sewer at the point where connection is desired to be made,the opening of the sewer and the installation of the junction pipe will be made by the POTW or its designee, if deemed necessary by the POTW,upon payment of the fee shown on the Salt Lake City Consolidated Fee Schedule to cover the cost of the work. SECTION 142. Section 17.48.140 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: • • 119 17.48.140:FEE;REPLACING DAMAGED JUNCTION PIPE: In case the junction pipe to the POTW sewer is broken off or damaged,it must be replaced.The installing of a new junction pipe will be made by the POTW or its designee upon payment of the fee shown on the Salt Lake City Consolidated Fee Schedule to cover the cost of the work. SECTION 143. Section 17.52.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.52.030:PERMIT;APPLICATION REQUIREMENTS: A.Users required to obtain a wastewater discharge permit shall complete and file with the POTW an application in the form prescribed by the POTW and,when required,accompanied by the fee shown on the Salt Lake City Consolidated Fee Schedule. The POTW may grant permit status to each residential user previously authorized to discharge into the POTW system. All existing significant industrial users shall have a wastewater discharge permit.All proposed new significant industrial users shall apply at least ninety(90)days prior to anticipated connecting to or contributing to the POTW. B.In support of the application,the user shall submit,in units and terms appropriate for evaluation,the following information: 1. a User's name,address,and location of discharge(if different from the address); b.The real property owner's name and address; 2.SIC number according to the"Standard Industrial Classification Manual", bureau of the budget,1972,as amended; 120 3. Wastewater quantity and quality. Quality characteristics include,but are not limited to,those mentioned in sections 17.36.060 through 17.36.090 of this title, or successor sections, as determined by a POTW director approved analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(h) of the act and contained in 40 CFR, part 136, as amended; 4. Time(s) and duration of discharge; 5. Average daily and peak wastewater flow rates, including daily,monthly and seasonal variations, if any; 6. Site plans, floor plans,mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by size, location and elevation. If deemed necessary by the POTW, such plans shall provide for separate systems for handling sanitary and industrial wastewater; 7. Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged; 8. Where known, the quantity and specific nature of any pollutants in the discharge which are limited by POTW, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not,whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards; 9. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance 121 date established for the applicable pretreatment requirements.The following conditions shall apply to this schedule: a.The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events Ieading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment requirements; b.No increment referred to in subsection B9a of this section shall exceed nine(9)months; c.Not later than fourteen(14)days following each date in the schedule and the final date for compliance,the user shall submit a progress report to the director including,as a minimum,whether or not the user complied with the increment of progress to be met on such date and,if not,the date on which it expects to comply with this increment of progress,the reason for delay,and the steps being taken by the user to return the construction to the schedule established; 10.Any other information as required by the POTW to evaluate the permit application. C.After evaluation and acceptance of the date furnished,the POTW may issue a wastewater discharge permit.The user may then connect to the POTW in accordance with provisions of division II of this title. SECTION 144. Section 17.64.020 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.64.020:FEES AND CHARGES;SCHEDULE 1: 122 A.The POTW's fees and charges are set forth on the Salt Lake City Consolidated Fee Schedule which maybe amended from time to time. B.When recommended by the city's director of public utilities and approved by the public utilities advisory committee,the director may waive sewer connection fees in an amount equal to the city's water reservoir fee for service within the city only to subsidized elderly, homeless or underprivileged housing where said housing is being provided by and a waiver is applied therefore by the federal,Utah state,city,county governments or their agencies and nonprofit corporations. SECTION 145. Section 17.64.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.64.040:AUTHORITY TO ADOPT FEES: The POTW may adopt fees to be shown on the Salt Lake City Consolidated Fee Schedule which may include,but are not to be limited to,the following: A.Fees for all POTW costs,including maintenance and operation; B.Fees for reimbursement of costs of setting up and operating the POTW's pretreatment program; C.Fees for monitoring,inspections and surveillance procedures,to include,but not be limited to,laboratory analysis; D.Fees for reviewing accidental discharge procedures and construction; E.Fees for industrial waste permit; F.Fees for filing appeals; G.Fees for treatment of excessive compatible pollutants; H.Fees for connection; 123 I.Fees for repairs and disconnection; J.Fees for inspections and surveys; K.Fees for development and expansion; L.Fees for noncompliance; M.Other fees as the POTW may deem necessary to carry out the requirements contained herein. SECTION 146. Section 17.72.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.72.030:SCHEDULE 1;RATES AND FEES: A.Purpose:For the purpose of defraying the cost of construction,reconstruction, maintenance and operation of the city sewer system,there are hereby imposed the charges shown on the Salt Lake City Consolidated Fee Schedule upon all persons and premises receiving sewer collection and treatment services. B.Definitions: CUSTOMER CLASS:The classification or classifications applicable to each customer of the sewer system for purposes of calculating such customer's service charge under this chapter, based on the applicable range of the strength of such customer's waste discharge,as measured by BOD and TSS,as follows: Customer Class BOD(1ng/1) TSS(mg/I) l 1 <300 <300 `f`} � 13 2 300- 600 1300- 600 3 601- 900 601- 900 I. 4 901-1,200 901-1,200 11 ALL; 124 5 1,201-1,500 1,201-1,500 �A 6 1,501-1,800 1,501-1,800 7 >1,800 >1,800 19 More than one class may apply to a customer at the same time.For example,a customer may be in class 2 for BOD,and in class 4 for TSS.The director shall assign class designations to customers based upon the nature of the facility owned or operated by the customer,and estimates based on sample measurements taken from similar facilities.Any customer may,at its expense, demonstrate that actual BOD or TSS discharges differ from the director's estimates,and the director shall assign such customer to a different class or classes,accordingly.Such actual measurements shall be conducted in accordance with procedures established by the director. DUPLEX:A single building containing two(2)independent dwelling units. DWELLING UNIT:A building or other structure or portion thereof,in which:1)an individual resides as a separate housekeeping unit,or 2)a collective body of persons(doing their own cooking)resides as a separate housekeeping unit in a domestic bond based upon birth, marriage,domestic employment or other family relationship,as distinguished from a boarding house,lodging house,club,fraternity,motel or hotel. MULTIPLE DWELLING:Any building or other structure,having four(4)or more dwelling units therein,including a mobile home park. SERVICE CHARGE:The charge for sewer collection and treatment services levied on all users of the public sewer system,as calculated pursuant to this chapter. SERVICE TO MULTIPLE BUILDINGS:Sewer service to multiple buildings shall be governed the same as section 17.16.200 of this title. 125 SINGLE DWELLING UNIT:A building containing one dwelling unit. TRIPLEX:A single building containing three(3)independent dwelling units. C.Sewer Charges: 1.Effective July 1,2010 And Thereafter: a.Each sewer customer in classes l to 6 shall be charged a monthly service charge equal to the greater of: 1)the cumulative flow rate,BOD rate and TSS rate per one hundred(100)cubic feet of metered water usage during the winter period,as shown on the Salt Lake City Consolidated Fee Schedule,or 2)a minimum charge shown on the Salt Lake City Consolidated Fee Schedule.The average monthly water meter readings during the consecutive months of November,December,January,February and March(hereinafter"winter months"),shall be the basis for sewer billings for the twelve(12)month period beginning July 1 and ending June 30,immediately following such winter months. b.Each customer in class 7 and all other classes that are monitored separately shall be charged a monthly service charge based on actual discharge strength.The flow component will be charged at a rate shown on the Salt Lake City Consolidated Fee Schedule per one hundred(100)cubic feet of metered water used during the billing period.The charges for COD,BOD and TSS will be billed on actual pounds of discharge as shown on the Salt Lake City Consolidated Fee Schedule. Either a BOD or COD charge will be assessed,but not both.When there is an unexplained difference between the two(2)test results of COD and BOD the higher of the two will be used.Nothing in this section shall authorize discharges ,126 in excess of the maximum local limit concentrations established by the director pursuant to section 17.36.090 of this title. c. hi cases where little or no water is used during one or more of the winter months, such that the average metered usage during such winter months cannot be reasonably assumed to reflect typical monthly usage for an account, the director may use other consumptive information specific to such account to determine average monthly minimum usage for sewer billing purposes. d. Meter readings for sewer billing purposes shall only include meters which measure water entering the sewer system. e. In the case of sewer users whose water usage is based in whole or in part on water sources other than the city,the city may require installation of a city approved meter, at the sewer user's expense, on the well(s) or other sources of water supply, for measurement by the city during the winter months to determine the sewer user's water use during the winter months. f. For each single-family dwelling sewer user using water other than city water and desiring not to install a water meter as provided above,the director may waive the meter requirement, in which event the user will be charged for sewer service as provided in subsection E of this section. D. Metering Of Sewage Flows: 1. Meters will be allowed in sewer lines when the user is permitted or required by the director to have the sewage flow subject to the following requirements: a. The charges for sewer service will be based upon the actual sewer meter readings rather than upon the average of said winter readings. 127 b. The user will furnish, install and maintain at user's expense a meter pursuant to the city's standards and specifications. E.New Sewer Accounts: 1. For new sewer accounts,until the data required by subsection C 1 a of this section is available the monthly sewer rates shall be as shown on the Salt Lake City Consolidated Fee Schedule. a. For class 7 customers, new accounts shall be treated in the same manner as established accounts under subsection Clb of this section. F. Service Charge Adjustment: 1. The director may provide for adjustments as needed to ensure equitable service charges. Such adjustments may be made where excessive quantities of culinary water pass through the water meter,but are consumed on the premises and do not enter the sewer system. In each such instance, the user will have the burden of providing evidence of such inequities by showing that the quantity of water not entering the sewer,but passing through the meter, exceeds twenty percent (20%) of the total flow in order to merit such consideration by the director. Each such adjustment proposed to be made by the director shall first be presented to the.public utilities advisory committee for review and recommendation, following which review and recommendation the director shall make a final determination. 2. Additionally,the director may make adjustments under the following conditions due to faulty inside plumbing. All adjustments will be determined by prior usage. When the charge is not based on preceding usage and has not been established on winter average the charge will be determined as outlined in this section or its successor. 128 a. When defective plumbing has caused the average winter water consumption to exceed the previous year's average by twenty five percent(25%) or more,there may be an adjustment made based on prior usage. The customer must provide to the director evidence that plumbing repairs were made within thirty(30)days of notification from the city. Such evidence may be in the form of a statement detailing the repairs made and the date of completion. The adjustment shall be made following the determination by the director that the repairs have resulted in decreased water consumption. b. In the event of a customer's unexplainable large increase in water consumption during the months of November through March of any year, the director may make adjustments to any account when there has been a twenty five percent(25%) increase or more in usage during the winter months. Any adjustment may be made only after an in depth review of the account has been completed, and based solely on the merits of each individual request, and the circumstances surrounding the request. c. The director may make adjustments to the account of a single-family residence, if the user or a user's tenant who has also signed the agreement for water service has temporary additional (2 or more) people living at the residence during all or part of the "winter meter readings"period and it has caused the average winter water consumption to exceed the previous year's average by twenty five percent (25%) or more. Such adjustment may be made by using the following guidelines: (1) For one month or less, no adjustment will be allowed; 129 (2) For more than one month to twelve(12)months, the charge will be based on the new average winter water use for the number of months said additional people were in the residence; (3) For all months following the period when said additional people are not in the residence, the charge will be based upon the previous year's established average use,or the fee shall be as outlined in subsection F2d of this section, or its successor subsection. d. All adjustments will be determined by the sewer charge of the preceding year. When the charge for the preceding year is not established on winter average, the charge will be determined as outlined in subsection F2c of this section, or its successor subsection. G. Sewer Service Fees: The director shall charge and the city shall collect the fees shown on the Salt Lake City Consolidated Fee Schedule. 1. Special industrial and commercial uses, including car washes, laundromats, etc., as determined by the city's public utilities director, shall be charged the fee shown on the Salt Lake City Consolidated Fee Schedule per equivalent fixture unit, as specified in the uniform plumbing code. 2. Connection fees on property with prior development: a. When a residential building is demolished and the existing lateral is used for the same property, there is no new sewer connection fee for the property when residential use or building type is same as prior to demolition. After five (5) years from date of demolition no credit will be given for prior sewer connection 130 fees. After five (5) years from demolition the property owner will be required to pay all connection fees. b.When a commercial building such as a hotel, motel, industrial building, etc., is demolished the sewer fee shall be based and charged on new additional use pursuant to the applicable fee shown on the Salt Lake City Consolidated Fee Schedule. After five (5) years from date of demolition no credit will be given for prior sewer connection fees. After five(5) years from demolition the property owner will be required to pay all connection fees required by the city. 3. Temporary sewer connections may only be made by approval of the director. Temporary connections cannot exceed twenty four(24)months. The fee for each temporary connection shall be shown on the Salt Lake City Consolidated Fee Schedule. All other applicable fees will be effective for temporary connections. SECTION 147. Section 17.81.200 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 17.81.200: SYSTEM OF RATES AND CHARGES: A. Generally: There are hereby imposed stormwater sewer service fees,rates and charges, effective for all billing periods after and including July 1, 2010, on the owner of each developed parcel within the city, except: 1) governmentally owned streets, and 2)parcels on which are located stormwater sewer facilities operated and maintained by, or for, the county. The charges shall fund the administration,planning, design, construction, water quality programming, operation,maintenance and repair of existing and future stormwater sewer facilities. 131 B. Residential Service Charges: Residential service charges for use of the stormwater sewer system shall be as shown on the Salt Lake City Consolidated Fee Schedule. C. Undeveloped Parcels: Undeveloped parcels shall not be assessed a stormwater service charge. D. Other Parcels: The charge for all other parcels shall be based upon the total square footage of measured impervious surface, divided by two thousand five hundred(2,500) square feet, or one ERU, and rounded to the nearest whole number. The actual total monthly service charge shall be computed by multiplying the total ERUs for a parcel by the monthly rate shown on the Salt Lake City Consolidated Fee Schedule. E. Credit For On Parcel Mitigation: Nonresidential parcels with on site stormwater detention or retention facilities are eligible for a service charge credit upon application to the director by the person owning the parcel, or such person's agent. The amount of credit, if any, for on site detention or retention facilities is based on the following formula: P =0.25 +0.70 (factor) + 0.05 (permit) The foregoing symbols have the following meanings: P Percentage of total service charge to be applied to each parcel. 10.25 Represents 10 percent for department administration cost plus 15 percent for utility operation and maintenance costs (half of the estimated total cost for utility operation and maintenance). 0.70 Represents 15 percent for utility operation and maintenance(half of the estimated total cost for utility operation and maintenance) plus 55 percent for a utility capital • improvement program. Factor Restricted discharge(Qr) from a developed parcel divided by the peak discharge • (Qp) from the same developed parcel which would result if the flow restriction facilities were not in place. 0.05 Represents 5 percent for NPDES stormwater permit for the parcel. 132 . Permit The rate adjustment,which applies when the parcel has an NPDES discharge permit from the state,will be equal to 0.When the parcel is included in the city NPDES permit,this rate adjustment is equal to 1. 1.Mitigation credit is available only for those nonresidential parcels whose stormwater facilities meet the city's design and maintenance standards. 2.The director shall provide a complete on site mitigation evaluation at the request and expense of the person owning the parcel,or the owner's duly authorized agent. F.Low Income Abatement:A person who owns a single-family residential parcel and is qualified for an abatement of the minimum monthly water charge pursuant to section 17.16.670 of this title shall be eligible for a fifty percent(50%)reduction of the service charge for such parcel. G.Nonservice Abatement:A parcel which is not directly or indirectly benefited by the stormwater sewer utility shall be entitled to an abatement of the service charge for said parcel.In order to receive such abatement,the owner,or the owner's agent,shall apply,in writing,to the director pursuant to section 17.81.500 of this chapter. SECTION 148. Section 17.81.400 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 17.81.400:STORMWATER IMPACT FEE: A.The fee shown on the Salt Lake City Consolidated Fee Schedule for each one-fourth (1/4)acre or portion thereof shall be imposed on all new development within city boundaries for stormwater improvements. B.Such fee shall be paid prior to city issuance of a building permit. 133 C. All stormwater improvements to be maintained by the city shall be installed in the public right of way, or on other property owned by the city or with respect to which the city has all necessary easements, shall be subject to approval by the director as to materials, design and construction,and shall be under the director's exclusive control. All excavation and other permits necessary shall be obtained at the expense of the applicant. All facilities not accepted by the city as part of the stormwater sewer system shall be maintained by the property owners. D. All stormwater sewer facilities shall be constructed at the expense of the person, persons or corporation seeking the building permit,without special taxes being levied to pay for the same. All stormwater sewer facilities shall be extended, at minimum, to the far end of the lot being serviced. All roads shall be subgraded prior to installation of the stormwater sewer facilities. SECTION 149. Section 17.81.500 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 17.81.500: APPEAL OF CHARGES: A. Those single-family and duplex parcels larger than 0.25 gross acre,but having less than three thousand(3,000) square feet of impervious surface,may request a reduction of the charge to the tier 1 level shown on the Salt Lake City Consolidated Fee Schedule. B. Any owner or person who considers the city's stormwater charge as applied to a parcel owned by such person to be inaccurate, or who otherwise disagrees with the utility rate determination,may apply to the director for a service charge adjustment. Such a request shall be in writing and state the grounds for such an appeal. The director shall review the case file and determine whether an error was made in the calculation or application of the charge and make an 134 adjustment to the charge, if necessary,to provide for proper application of the city's rates and charges pursuant hereto. In all cases,the decision of the director shall be final unless appealed. C. Any appeal of the amount billed under this chapter shall be filed in writing with the director no later than twenty(20) days after the billing. Any subsequent appeal shall be brought within twenty(20) days after the date of the appealed decision. D. Appeal of decisions made by the director may be brought before the public utilities advisory committee (PUAC),which may reevaluate the issue raised in the appeal. Decisions of the PUAC shall be final and conclusive. E.Nothing in this chapter shall be construed to grant a right to judicial review which does not otherwise exist at law. SECTION 150. Section 17.84.400 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 17.84.400: CITY DISCHARGE PERMIT APPLICATION PROCESS: A. An application for a city discharge permit shall be submitted in writing to the director, and shall include, at a minimum, the following information: 1) the name and mailing address of the applicant, 2)the location of discharge, 3)the nature and general description of the activity giving rise to the discharge or potential discharge, 4) a copy of the applicant's application for an NPDES permit, and 5) any other information reasonably requested by the director. The city anticipates that a full and complete application for an NPDES or UPDES permit, including all attachments,may be sufficient to satisfy these requirements. B. The director may charge an application fee shown on the Salt Lake City Consolidated Fee Schedule in an amount reasonably determined by the director to be sufficient to recoup the 135 costs of the application process,but not to exceed the amount shown on the Salt Lake City Consolidated Fee Schedule. C.Within five(5)business days after submission of a completed application to the director,the director shall evaluate the application and either approve or deny the application.If approved,the city discharge permit issued by the director shall be accepted in writing by the applicant. SECTION 151. Section 18.16.050 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.16.050:FEE FOR REGISTRATION: Each person,firm or corporation required to register in accordance with this chapter shall pay a registration fee shown on the Salt Lake City Consolidated Fee Schedule for each fiscal year,or part thereof. SECTION 152. Section 18.20.200 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.20.200:REINSPECTIONS AND FEES: A.A reinspection fee maybe assessed: 1.When the approved plans are not readily available to the inspector; 2.For failure to provide access on the date for which the inspection is required; 3.For deviating from plans requiring the approval of the building official. B.In instances where reinspection fees have been assessed or reinspection is necessary, no additional inspection of the work will be performed until the required fees have been paid and the pennittee calls for a reinspection.The reinspection charge shall be shown on the Salt Lake 136 City Consolidated Fee Schedule and not exceed the amount shown on the Salt Lake City Consolidated Fee Schedule for each additional inspection required. SECTION 153. Section 18.32.035 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.32.035:FEES: Building permit fees shall be based on the total valuation of the proposed project as shown on the Salt Lake City Consolidated Fee Schedule. Plan review fees shall be sixty five percent(65%)of the building permit fees. Fees to expedite building plan review as governed by section 18.20.050 of this title shall be two(2)times the standard building plan review fee. Penalties for not obtaining permanent certificate of occupancy will be three hundred dollars($300.00)for each month,after the initial thirty(30)day temporary certificate of occupancy,which has no additional cost associated with it;due before the first of the month and only allowed for up to three(3)renewals after the initial free thirty(30)day period.Partial months will not be refunded. Fees for renewing expired plan review after one hundred eighty(180)days as governed by section 18.20.110 of this title shall be shown on the Salt Lake City Consolidated Fee Schedule. A fee shown on the Salt Lake City Consolidated Fee Schedule shall be charged for each permit for fencing. Other fees shall consist of electrical,mechanical and plumbing fees as shown on the Salt Lake City Consolidated Fee Schedule. 137 SECTION 154. Section 18.36.100 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.36.100:PERMIT FEES;RESIDENTIAL WORK: The following fees for a permit for the installation of electrical materials in residences, including multiapartment buildings,shall be paid to the city treasurer before any permit is valid. The basic fee for each permit requiring inspection is shown on the Salt Lake City Consolidated Fee Schedule.In addition,the fee for each individual specialty item is shown on the Salt Lake City Consolidated Fee Schedule. SECTION 155. Section 18.36.110 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.36.110:FEE FOR TEMPORARY METERING: The fee for permit for temporary metering and service facilities shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 156. Section 18.36.120 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.36.120:COMMERCIAL AND INDUSTRIAL FEES: The fees to be paid to the city treasurer for electrical permits covering work in industrial or commercial properties shall be computed as follows: A.Minimum Fee:Minimum fee shall be as shown on the Salt Lake City Consolidated Fee Schedule. B.New Service Or Change Of Service:For new service,change of service,alterations or repairs of six hundred(600)volt or less capacity service entrance equipment,the fee shall be as 1 shown on the Salt Lake City Consolidated Fee Schedule. 138 C.Subfeeders:Fee for installation,alteration or repair of subfeeders,including supply taps from subfeeders,shall be as shown on the Salt Lake City Consolidated Fee Schedule D.Transformers:The installation of transformers shall be subject to inspection fee when such transformers are an integral part of the consumer's distribution system.Such fee shall be in addition to the regular system inspection fee and shall be as shown on the Salt Lake City Consolidated Fee Schedule. E.Motor Generator:The fee for installation of a motor generator for emergency or standby shall be as shown on the Salt Lake City Consolidated Fee Schedule. F.Alternate Fee Schedule:Electrical permit fees shall be computed on the schedules set forth on the Salt Lake City Consolidated Fee Schedule and shall be paid prior to work being started.When a fee cannot be computed on the standard schedules,it shall be computed based on the alternate schedule shown on the Salt Lake City Consolidated Fee Schedule. SECTION 157. Section 18.36.130 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.36.130:ELECTRICAL WORK EXCEEDING ONE HUNDRED THOUSAND DOLLARS: When the cost of electrical work exceeds one hundred thousand dollars($100,000.00), electrical permit fees shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 158. Section 18.48.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.48.030:HOUSING INSPECTION FEES: The fee shown on the Salt Lake City Consolidated Fee Schedule for an existing single- family dwelling housing unit inspection shall not exceed the amount shown on the Salt Lake City 139 Consolidated Fee Schedule.An additional fee shown on the Salt Lake City Consolidated Fee Schedule shall be charged for every additional dwelling unit on the premises. SECTION 159. Section 18.48.110 of the Salt Lalce City Code shall be,and hereby is, amended to read as follows: 18.48.110:CITY BOARDING OR SECURING: A.If,within the time specified in the notice and order,the property owner fails to comply with the notice and order by taking out a permit to board the building pursuant to this article,or apply for a stay pursuant to part 2 of this article,the city may cause the property to be boarded. B.If the director of housing and neighborhood development determines that emergency conditions exist,the city may board the building. C.If the city boards a building,the city shall send the property owner a bill for: 1.The fees and charges for services which would otherwise have been charged for the securing of a boarding permit pursuant to section 18.48.140 of this chapter; 2.The fee shown on the Salt Lake City Consolidated Fee Schedule to partially recover the city's costs in administering the boarding;and 3.The actual costs of the boarding incurred by the city. SECTION 160. Section 18.48.140 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.48.140:INITIAL FEES: For the first year of any boarding,at the time of filing the application,the applicant shall pay the following fees: A.The fee shown on the Salt Lake City Consolidated Fee Schedule for each structure; and 140 B.A plumbing permit fee shown on the Salt Lake City Consolidated Fee Schedule to install the external irrigation hose bib,if required,and not already present. SECTION 161. Section 18.48.180 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.48.180:YEARLY FEES: A.On or before each yearly anniversary of a boarding permit,a property owner desiring to continue to board a building shall pay the annual boarding fee shown on the Salt Lake City Consolidated Fee Schedule. B.A late fee of twenty five dollars($25.00)shall be assessed by the city for each thirty (30)days,or any portion thereof,in which the annual fees have not been paid C.If the property owner fails to pay either the initial boarding fees or the annual boarding fee,the city may take legal action to collect any amounts owed. SECTION 162. Section 18.48.270 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.48.270:CITY MAINTENANCE OF BUILDING: A.If the director of housing and neighborhood development determines that a boarded building is not being maintained,the director of housing and neighborhood development shall send a notice to the property owner and/or the property owner's agent requiring compliance with the building maintenance standards within seven(7)days. B.If the director of housing and neighborhood development determines that the property owner has failed to comply with the notice and order,the city may cause the work to be done by a contractor employed by the city. C.The city shall bill the property owner: 141 1.The administrative fee shown on the Salt Lake City Consolidated Fee Schedule, per year to cover the city's administrative expenses in contracting for the building maintenance;and 2.The actual cost of building maintenance billed to the city by the city's contractor. SECTION 163. Section 18.48.280 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.48.280:CITY MAINTENANCE OF LANDSCAPING: A.If the director of housing and neighborhood development determines that the landscaping on the property surrounding a boarded building is not being maintained as required by city code,the director of housing and neighborhood development shall send a notice to the property owner and/or the property owner's agent,requiring compliance with landscaping standards within seven(7)days. B.If the director of housing and neighborhood development determines that the property owner has failed to comply with the notice and order,the city may cause the work to be done by a contractor employed by the city. C.The city shall bill the property owner: 1.The administrative fee shown on the Salt Lake City Consolidated Fee Schedule, per year,to cover the city's administrative expenses in contracting for the landscaping maintenance;and 2.The actual cost of landscaping maintenance billed to the city by the city's contractor. 142 SECTION 164. Section 18.48.290 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.48.290:CITY REMOVAL OF SNOW: A.If the director of housing and neighborhood development determines that sidewalks adjacent to a boarded building are not having the snow removed as required by section 18.48.260 of this chapter or its successor,the director of housing and neighborhood development shall send a notice to the property owner and/or the property owner's agent,requiring snow from the present snowfall to be removed and notifying the property owner that if snow from a subsequent snowfall is not removed as required,the city will contract for the removal and charge the property owner,pursuant to this section or its successor. B.If the director of housing and neighborhood development determines that the property owner has failed to comply with the notice and order,the city may cause snow,during the winter,to be removed by a contractor employed by the city. C.The city shall bill the property owner: 1.The administrative fee shown on the Salt Lake City Consolidated Fee Schedule, per year,to cover the city's administrative expenses in contracting for snow removal;and 2.The actual cost of snow removal billed to the city by the city's contractor. SECTION 165. Section 18.52.050 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.52.050:MECHANICAL PERMIT FEES: A.Any person desiring a permit required by this code shall,at the time of filing an application therefor,pay the fee shown on the Salt Lake City Consolidated Fee Schedule to the city treasurer before the permit is valid.The basic fee for each permit requiring inspection is 143 shown on the Salt Lake City Consolidated Fee Schedule.In addition,the fee for each individual specialty item is shown on the Salt Lake City Consolidated Fee Schedule.Note: 1.This fee shall not apply to air handling unit which is a portion of a factory assembled cooling unit,evaporative cooler or absorption unit for which permit is required elsewhere in this code. SECTION 166. Section 18.56.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.56.040:PLUMBING PERMIT FEES: A.Before a permit shall be valid,permit fees shall be paid to the city treasurer. The basic fee for each permit requiring inspection is shown on the Salt Lake City Consolidated Fee Schedule.In addition,the fee for each individual specialty item is shown on the Salt Lake City Consolidated Fee Schedule. B.Fees for fire extinguishing systems shall be paid to the city treasurer as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 167. Section 18.64.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.64.030:FEES AND SIGNATURE: A.Signature:The permit application shall be signed by the party or the party's authorized agent requesting the permit.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 i be based on the building floor area and shown on the Salt Lake City Consolidated Fee Schedule. C.Waiver Fee:Landscaping waiver requests shall also pay the fee shown on the Salt Lake City Consolidated Fee Schedule for the cost of the landscape waiver process. 144 D.Inspection Fee:If landscaping is not required by the zoning ordinance,or if a landscaping waiver is sought pursuant to section 18.64.070 of this chapter,an additional fee,as shown on the Salt Lake City Consolidated Fee Schedule,for the cost of inspecting the property to determine it is kept free of weeds and junk materials shall be collected.If a waiver request is denied,the fee paid under this subsection shall be refunded. SECTION 168. Section 18.64.080 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.64.080:PREDEMOLITION SALVAGE PERMITS: A.A predemolition salvage permit for other than structural demolition 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 building. B.The predemolition salvage permit fee shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 169. Section 18.76.050 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.76.050:CONSTRUCTION PERMITS REQUIRED;FEES: Mobile home park construction permits required by the division shall be issued to properly licensed contractors as follows: A.A general building permit fee shown on the Salt Lake City Consolidated Fee Schedule,to be issued for pads,patio slabs,metal sheds(sheds to be installed by mobile home occupant),curb,gutter,drives,piers,sidewalks,fence or wall,per mobile home space; 145 B.Electric meter stands or pedestals at the rate shown on the Salt Lake City Consolidated Fee Schedule; C.The park plumbing system,including sewer and water risers,shall require the fee shown on the Salt Lake City Consolidated Fee Schedule,for each space; D.All permanent buildings,swimming pools,etc.,shall have permit fees assessed at the regular and normal fee schedule; E.Fire hydrants within the property lines shall require a permit fee shown on the Salt Lake City Consolidated Fee Schedule,for each hydrant. SECTION 170. Section 18.84.070 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.84.070:PERMIT;FEES: The following fees shall be paid to the city treasurer before any permit issued under this section shall be valid: A.Permit fee shown on the Salt Lake City Consolidated Fee Schedule,to install a temporary relocatable office building,per unit; B.Permit fee shown on the Salt Lake City Consolidated Fee Schedule,for interior inspections of relocatable office buildings,per unit. SECTION 171. Section 18.98.190 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 18.98.190:Appendix A;Impact Fee Schedule Impact fees shall be as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 172. Section 20.04.140 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 146 20.04.140:FEE SCHEDULE: The following fees shall be charged,and the city treasurer shall collect the following fees associated with subdivision review: A.Engineering Fees:The engineer shall charge and the city treasurer shall collect the following fees as shown on the Salt Lake City Consolidated Fee Schedule: 1.Preliminary subdivision review fee(shall be based upon the number of lots in the original preliminary plat,whichever is higher). 2.Final subdivision engineering design review and inspection fee. 3.Main line sewer extension,engineering design,field surveying and inspection fee. B.Planning Director Fees:The planning director shall charge,and the city treasurer shall collect the following fees: 1.The fee for review of preliminary plans,which fee shall be based upon the number of lots in the original preliminary or the approved preliminary plat,whichever is higher,upon submission of the preliminary plat,as shown on the Salt Lake City Consolidated Fee Schedule; 2.Final approval fees for checking plat against approved preliminary plat shall be shown on the Salt Lake City Consolidated Fee Schedule. SECTION 173. Section 20.16.020 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 20.16.020:FEES: At the time a preliminary plat is filed,the subdivider shall pay an application fee shown on the Salt Lake City Consolidated Fee Schedule. 147 SECTION 174. Section 20.29.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 20.29.040:FEES: The petitioners shall pay an application review fee shown on the Salt Lake City Consolidated Fee Schedule. SECTION 175. Section 20.31.40 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 20.31.040:FEES: The petitioners shall pay,with the amendment petition,the appropriate fees shown on the Salt Lake City Consolidated Fee Schedule: A.Petition Filing Fee; B.Postage:The cost of postage for each mailing label as required by subsection 20.31.030D of this chapter. SECTION 176. Section 21a.10.010 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.10.010:GENERAL APPLICATION PROCEDURES: All applications required by the provisions of this title shall be processed in accordance with the following procedures: A.Determination Of Completeness Of Application:After receipt of an application,the zoning administrator shall determine whether the application is complete.If the zoning administrator determines that the application is not complete,the zoning administrator shall notify the applicant in writing,specifying the deficiencies of the application,including any 148 additional information which must be supplied and advising the applicant that no further action will be taken by the city on the application until the deficiencies are corrected. B.Consultation With Neighborhood Organizations:In order for an application to be determined complete,the applicant must include,when required by title 2,chapter 2.62 of this code,a signed statement from the appropriate neighborhood organization that the applicant has met with that organization and explained the development proposal for which approval is being sought.The signed statement shall be on a form provided by the zoning administrator. C.Remedy Of Deficiencies:If the applicant fails to correct the specified deficiencies within thirty(30)days of the notification of deficiency,the application for development approval shall be deemed withdrawn and will be returned to the applicant.Application fees shall not be refunded. D.Extensions Of Time:The zoning administrator,upon written request,may,for good cause shown and without any notice or hearing,grant extensions of any time limit imposed on an applicant or pennittee by this title.An extension of time may also be granted by any body acting pursuant to this title unless this title expressly provides otherwise.The total period of time granted by such extension or extensions shall not exceed twice the length of the original period. E.Fees:The application shall be accompanied by all the fees shown on the Salt Lake City Consolidated Fee Schedule.The applicant shall also be responsible for payment of all fees established for providing the public notice required by section 21A.10.020 of this chapter,in accordance with the fee schedule,including costs of mailing,preparation of mailing labels and all other costs relating to notification. SECTION 177. Section 21a.12.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 149 2IA.12.040:PROCEDURES: A.Application:An application for an interpretation of this title shall be filed on a form provided by the zoning administrator and shall contain at least the following information: 1.Provisions:The specific provision or provisions of this title for which an interpretation is sought; 2.Facts:The facts of the specific situation giving rise to the request for an interpretation; 3.Interpretation:The precise interpretation claimed by the applicant to be correct; 4.Statement:When a use interpretation is sought,a statement of what use permitted under the current zoning classification of the property that the applicant claims either includes the proposed use,or is most similar to the proposed use;and 5.Evidence:When a use interpretation is sought,documents,statements,and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located. 6.Fees:Nonrefundable fees shown on the Salt Lake City Consolidated Fee Schedule shall accompany the application. 7.Notification To Recognized And Registered Organizations:The city shall give notification,by first class mail to any organization which is entitled to receive notice pursuant to title 2,chapter 2.62 of this code,that a use interpretation has been determined. B.Action On Application:The zoning administrator shall send the zoning administrator's written interpretation to the applicant stating any specific precedent or other reasons,or analysis upon which the determination is based. 150 C.Records:A record of decisions on all applications for interpretations of this title shall be kept on file in the office of the zoning administrator. D.Appeal:Any person adversely affected by an interpretation rendered by the zoning administrator may appeal to the board of adjustment in accordance with the provisions of chapter 21 A.16 of this title. SECTION 178. Section 21A.16.030 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.16.030:PROCEDURE: Appeals of administrative decisions to the board of adjustment shall be taken in accordance with the following procedures: A.Notice Of Appeal:Notice of appeal shall be filed within thirty(30)days of the administrative decision.The appeal shall be filed with the zoning administrator and shall specify the decision appealed and the reasons the appellant claims the decision to be in error. B.Fees:Nonrefundable application and heating fees shown on the Salt Lake City Consolidated Fee Schedule shall accompany the notice of appeal. C.Stay Of Proceeding:An appeal to the board of adjustment shall stay all further proceedings concerning the matter about which the appealed order,requirement,decision, determination or interpretation was made unless the zoning administrator certifies in writing to the board of adjustment,after the notice of appeal has been filed,that a stay would,in the zoning administrator's opinion,be against the best interest of the city. D.Public Hearing;Notice:Upon receipt of the notice of appeal,the board of adjustment shall give notice and hold a public hearing in accordance with the requirements of chapter 21A.10 of this title. 151 E.Action By The Board Of Adjustment:Following the hearing,the board of adjustment shall render its decision on the appeal.Such decision may reverse or affirm,wholly or in part,or may modify the administrative decision.The board of adjustment may reverse or materially modify the zoning administrator's or the administrative hearing officer's decision only if at least three(3)members of the board of adjustment vote in favor of such an action.A decision by the board of adjustment shall become effective the date the vote is taken. F.Notification Of Decision:Notification of the decision of the board of adjustment shall be sent by mail to all parties of the proceeding within ten(10)days of the board of adjustment's decision. SECTION 179. Section 21A.18.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.18.040:PROCEDURES: A.Application:An application for a variance shall be filed with the zoning administrator and shall include the following items and information unless determined inapplicable by the zoning administrator: 1.Written Information: a.The property owner's name and address and the owner's signed consent to the filing of the application; b.The applicant's name and address,if different than the owner,and the applicant's interest in the subject property; c.The names and addresses of all professional consultants,if any,advising the applicant with respect to the application; d.The address and legal description of the subject property; 152 e.Sidwell map numbers identifying the property;and f.Gummed mailing labels for all owners of property,as shown on the latest published property tax records of the Salt Lake County assessor,located within eighty five feet(85'),or three hundred feet(300')if the proposal involves construction of a new principal building,in each direction of the subject property (exclusive of intervening streets and alleys). 2.Graphic Information: a.A site plan drawn to scale identifying all property lines,structures, including primary and accessory structures,fences,right of way,and their respective distances from the property lines; b.An elevation drawing to scale showing all elevations of existing and proposed structures; c.When the variance involves building height a streetscape plan showing the height of the buildings on both sides of the street to die nearest intersection; d.When the variance involves grade changes,a topographical drawing prepared by a licensed surveyor shall be included.The existing topography shall be shown in dashed lines at two foot(2')intervals and the proposed grade shall be shown in solid lines at two foot(2')intervals.All retaining walls shall be identified and the height shall be shown on the plan relative to the proposed grades.Retaining walls shall be designed by a structural engineer licensed to practice in the state;and 153 e.When a variance request involves setbacks or height or grade changes a complete landscape plan shall be provided.Plans shall show landscape design and identify all species and caliper of proposed plants. 3.Variance Information: a.The specific feature or features of the proposed use,construction or development that require a variance; b.The specific provision of this title from which the variance is sought and the precise variance being sought; c.A statement of the characteristics of the subject property that prevent compliance with the provisions of this title and result in unnecessary hardship; d.A statement of the minimum variation of the provisions of this title that would be necessary to permit the proposed use,construction or development; e.An explanation of how the application satisfies each standard set forth in section 21A.18.060 of this chapter;and f.Any other information identified by the zoning administrator to be pertinent to the requested variance. B.Fees:Nonrefundable application and hearing fees shown on the Salt Lake City Consolidated Fee Schedule shall accompany the application for a variance. C.Public Hearing:Upon receipt of a complete application for a variance,the board of adjustment shall hold a public hearing with notice in accordance with the requirements of chapter 21A.10 of this title. D.Action By Board Of Adjustment:Upon the close of the public hearing the board of adjustment shall render its decision,granting,granting with conditions,or denying the variance. 154 E.Special Procedures In Connection With Other Applications:Whenever a variance is needed in addition to a zoning amendment or a conditional use,the zoning administrator shall not schedule a hearing on the variance until a final approval has been rendered on these other applications by the planning commission or the city council,as applicable. SECTION 180. Section 21A.36.140 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.36.140:SEXUALLY ORIENTED BUSINESSES: A.Purpose Statement:The purpose of this section is to establish reasonable and uniform regulation to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the community of Salt Lake City and to regulate the signage of such businesses to control the adverse effects of such signage and to prevent their inappropriate exposure to the community.The provisions of this section are to be construed as a regulation of time,place,and manner of the operation of these businesses consistent with the limitation provided by provisions of the United States and Utah constitutions. B.Zoning Districts In Which Sexually Oriented Businesses Are Permitted:Subject to the additional restrictions set forth in this title,sexually oriented businesses,as listed on the tables of pennitted uses set forth in part III of this title,for each zoning district or category of districts, shall be permitted in the following zoning districts pursuant to conditional site plan review by the planning commission as provided in subsection D of this section: 1.CG general commercial district; 2.M-1 manufacturing district;and 3.M-2 heavy manufacturing district. 155 C.Nonconforming Sexually Oriented Businesses:For the purposes of this title,a legal nonconforming sexually oriented business may not be enlarged,expanded,or extended to occupy all or a part of another structure or site or be extended to occupy additional space or square footage within the same structure that it did not occupy pursuant to Salt Lake City approval. 1.A valid,existing sexually oriented business shall not be deemed nonconforming for purposes of this subsection C as the result of the subsequent location of a use specified in subsection Fl,F2,or F3 of this section. D.Sexually Oriented Businesses Conditional Site Plan Review Required:The planning commission shall conduct a conditional site plan review for all sexually oriented businesses within the guidelines set forth in both this chapter and all other applicable sections of this zoning ordinance.The following list identifies the circumstances that shall require that a sexually oriented business come before the planning commission for conditional site plan review: 1.A project where new construction and site development of a sexually oriented business is involved; 2.A project where the conversion of a structure(s)into a sexually oriented business is being considered;or 3.A project where an existing sexually oriented business is contemplating an addition or expansion that would have at least one or more of the following effects: a.Alteration of traffic flows by way of ingress,egress,or within the site itself. b.Alteration or rearrangement of on site parking which results in a reduction or increase in the number of parking spaces or placement within a required yard area. 156 c.Addition to structure that increases the existing floor area. d.The construction of additional off street parking areas to support a sexually oriented business. e.Alteration of existing signage,including the location and/or design.An alteration shall not be interpreted to include changing the text or copy on signs that are designed to accommodate changeable copy. 4.If a sexually oriented business does not fall under any of the categories listed in subsections DI through D3 of this section,it shall not be subject to planning commission review;however,it shall comply with all distance and signage requirements as specified for sexually oriented businesses in this code,including,without limitation,subsections Fl through F4 of this section. E.Application For Sexually Oriented Business Conditional Site Plan Review: Applications for conditional site plan review may be obtained from the city license authority and should be returned to the same when completed.The application for a conditional site plan review shall be filed with the city license authority on the same day that the application for a sexually oriented business license,if applicable,is filed with the license authority.The application for a conditional site plan review shall include the items listed in section 21A.58.060 of this title. F.Standards For Sexually Oriented Business Conditional Site Plan Review:The planning commission shall conduct a conditional site plan review for sexually oriented businesses for compliance with the following standards: 1.Required Distance From Other Uses:No sexually oriented business shall be located within a one thousand foot(1,000')radius of any place of worship,park,school, 157 residential zoning district,residential use,or licensed child daycare center,as measured in a straight line,without regard to intervening structures,streets or other barriers from the nearest point of the property line of the school,park,place of worship,residential zoning district,residential use,or licensed child daycare center,to the nearest point of the property line of the sexually oriented business.For the purpose of this section,"park" shall include any public recreation or public open space that operates as a public gathering place,including a park,playground,swimming pool,golf course,athletic field, plaza,square,library grounds,and/or designated trail. 2,Required Distance From Gateway Condors:No sexually oriented business shall be permitted to locate within one hundred sixty five feet(165')of any gateway corridor identified in subsection F6 of this section,as measured in a straight line,without regard to intervening structures,streets or other barriers,from the nearest point of the gateway corridor street right of way line to the nearest point of the property line of the sexually oriented business.If any block shall be surrounded on all four(4)sides by a designated gateway,then no sexually oriented business shall be permitted in that block. 3.Required Distance From Landmark Sites:No sexually oriented business shall be permitted within a three hundred thirty foot(330')radius of any landmark site.The distance shall be measured from the nearest point of the property line of the landmark site to the nearest point of the property line of the sexually oriented business without regard to intervening structures,streets or other barriers. 4.Concentration Prohibited:No sexually oriented businesses shall be allowed within a one thousand foot(1,000')radius of another sexually oriented business.The distance shall be measured from the nearest point of the property line of the existing 158 sexually oriented business to the nearest point of the property line of the proposed sexually oriented business without regard to intervening structures,streets or other barriers. 5.Sign Regulations:Sexually oriented business signs shall be limited as follows: a.No more than one sign shall be allowed on sexually oriented business premises; b.No sign on the sexually oriented business premises shall be allowed to exceed eighteen(18)square feet; c.No animation shall be permitted on or around any sexually oriented business sign or on the exterior walls or roof of the premises; d.No descriptive art or designs depicting any activity related to,or inferring,the nature of the business shall be allowed on any sexually oriented business sign which shall contain alphanumeric copy only; e.Only flat wall signs shall be permitted for any sexually oriented business; f.Painted signs or painted wall advertising shall not be allowed;and g.Other than the signs specifically allowed by this title,the sexually oriented business shall not construct or allow to be constructed any temporary sign,banner,light,or other device designed to draw attention to the business location. 6.Gateway Corridors:For the purposes of regulating sexually oriented businesses,gateway corridors shall include: 159 a.Beck Street from the northern city limits becoming 300 West Street to 900 South Street; b.600 South Street from 200 East Street to 500 West Street; c.500 South Street from 200 East Street to 500 West Street; d.Main Street from 700 South Street to North Temple Street; e.State Street from 600 South Street to North Temple Street; f.West Temple Street from 900 South Street to North Temple Street; g.400 West from 900 South Street to Beck Street; h.500 West from 600 South Street to North Temple Street; i.400 South From 900 West to 200 East; j.200 West from 900 South to 700 South;and k.700 South from 200 West to Main Street. 7.Modifications May Be Required:The planning commission may require modifications to a proposed sexually oriented business conditional site plan as it relates to traffic and parking,site layout,environmental protection,landscaping,and signage in order to achieve the objectives set forth in section 21A.58.040 of this title. G.Payment Of Fee:The application shall be accompanied by the application fee shown on the Salt Lake City Consolidated Fee Schedule,plus the cost of first class postage for required notification mailing.No application shall be considered complete unless accompanied by fee payment. H.Public Notice:The applicant shall obtain the names and addresses of all property owners within one thousand feet(1,000')of the property lines of the property being considered 160 and names and mailing addresses of chairs of all affected community councils as outlined in title 2,chapter 2.62 of this code. I.Public Hearing Notice Requirements:The planning commission shall hold at least one public hearing to review,consider and approve,approve with conditions,or deny a conditional site plan review application after the following public notification: 1.Mailing:Notice by first class mail shall be provided a minimum of fourteen (14)calendar days in advance of the planning commission's public hearing to all owners of the land,as shown on the latest published property tax records of the county assessor, included in the application requiring conditional site plan review,as well as to all owners of land,as shown on the latest published property tax records of the county assessor, within one thousand feet(1,000')(exclusive of intervening streets),of the periphery of the land subject to the application requiring conditional site plan review.Notice shall be given to each individual property owner if an affected property is held in condominium ownership. 2.Notification To Recognized And Registered Organizations:The city shall give notification a minimum of fourteen(14)calendar days in advance of the planning commission's meeting by first class mail to any organization which is entitled to receive notice pursuant to title 2,chapter 2.62 of this code. J.Completion Of Review Process:The city shall complete its review process within thirty(30)days of the day a complete sexually oriented business conditional site plan review application is filed. SECTION 181. Section 21A.40.120 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 161 21A.40.120:REGULATION OF FENCES,WALLS AND HEDGES: A.Propose:Fences,walls and hedges serve properties by providing privacy and security, defining private space and enhancing the design of individual sites.Fences also affect the public by impacting the visual image of the streetscape and the overall character of neighborhoods.The purpose of these regulations is to achieve a balance between the private concerns for privacy and site design and the public concerns for enhancement of the community appearance,and to ensure the provision of adequate light,air and public safety. B.Location:All fences,walls or hedges shall be erected entirely within the property lines of the property they are intended to serve. C.Building Permit Required: 1.A no fee building permit shall be obtained prior to construction of any fence that does not exceed six feet(6')in height and is not made of concrete or masonry or does not require structural review under the international building code regulations.The permit is to ensure compliance with adopted regulations. 2.A building permit and fee are required for fences and walls which exceed six feet(6')in height and all fences or walls of any height that are constructed under the international building code.The permit is to ensure compliance with all zoning ordinance standards and requirements(location,height,types of materials)as well as to ensure the structural integrity of the pilasters and foundation system which will be verified by plan review and site inspection. 3.The application for a permit must include plans identifying the location and height of the proposed fence or wall.If the fence or wall is constructed of masonry or 162 concrete of any height or exceeds six feet(6')in height,construction details showing horizontal and vertical reinforcement and foundation details shall be shown on the plans. 4.The building permit fee for a fence will be a general permit fee based on construction costs or valuation of the work. 5.Construction of any fence in the following districts shall also comply with the additional fencing regulations found in the following subsections of this title: a.FP foothills protection district(21A.32.0401), b.H historic preservation overlay district(21A.34.020E),and c.Foothill residential FR-1,FR-2 and FR-3 districts(21A.24.010P). D.Design Requirements: 1.Residential districts(chapter 21A.24,"Residential Districts",of this title): a.Allowed Materials:Fences and walls shall be made of high quality, durable materials that require low maintenance.Acceptable materials for a fence include chainlink,wood,brick,masonry block,stone,tubular steel,wrought iron, vinyl,composite/recycled materials(hardy board)or other manufactured material or combination of materials commonly used for fencing. b.Prohibited Materials:Fences and walls shall not be made of or contain: (1)Scrap materials such as scrap lumber and scrap metal. (2)Materials not typically used or designated/manufactured for fencing such as metal roofing panels,corrugated or sheet metal,tarps or plywood. 163 2.Nonresidential districts(chapters 21A.26 through 21A.34 of this title: . commercial districts,manufacturing districts,downtown districts,gateway districts, special purpose districts and overlay districts): a.Allowed Materials:Fences and walls shall be made of high quality, durable materials that require minimal maintenance.Acceptable materials for fencing in nonresidential districts include,but are not limited to,chainlink, prewoven chainlink with slats,wood,brick,tilt-up concrete,masonry block, stone,metal,composite/recycled materials or other manufactured materials or combination of materials commonly used for fencing. b.Prohibited Materials:Fences or walls in nonresidential districts shall not be constructed of or contain: (1)Scrap materials such as scrap lumber and scrap metal. (2)Materials not typically used or designated/manufactured for fencing such as metal roofing panels,corrugated or sheet metal,tarps or plywood. E.Height Restrictions: 1.Standard for residential zoning districts:No fence,wall or hedge shall be erected to a height in excess of four feet(4')between the front property line and the front facade of the principal structure. 2.Standards for all zoning districts: a.Corner Lots;Sight Distance Triangle:No solid fence,wall or hedge shall be erected to a height in excess of three feet(3')if the fence,wall or hedge is located within the sight distance triangle extending thirty feet(30')of the 164 intersection of the right of way lines on any corner lot as noted in figure 21A.62.050I of this title. b.Corner Side,Side,Rear Yards;Sight Distance Triangle:Fences,walls or hedges may be erected in any required corner side yard(extending to a point in line with the front facade of the principal structure),side yard or rear yard to a height not to exceed six feet(6').The zoning administrator may require either increased fence setback or lower fence height along corner side yards to provide adequate line of sight for driveways and alleys. c.Intersection Of Driveway Or Alley Within Public Way;Sight Distance Triangle:Solid fences,walls and hedges located near the intersection of a driveway or an alley within the public way shall not exceed thirty inches(30")in height within a ten foot(10')wide by ten foot(10')deep sight distance triangle as defined in figure 21A.62.050I of this title. d.Sight Distance Triangle And See Through Fences:Within the area defined as a sight distance triangle,see through fences that are at least fifty percent(50%)open shall be allowed to a height of four feet(4'). e.Alternative Design Solutions:To provide adequate line of sight for driveways and alleys,the zoning administrator,in consulting with the development review team,may require alternative design solutions,including,but not restricted to,requiring increased fence setback and/or lower fence height,to mitigate safety concerns created by the location of buildings,grade change or other preexisting conditions. 165 £Measuring:Measuring the height of a fence shall be from the "established grade"of the site as defined in section 21A.62.040 of this title. g.Special Exception Approval Standards:The board of adjustment may approve taller fencing if the board finds that the extra height is necessary for the security of the property in question as defined in section 21A.52.100 of this title. F.General Requirements: 1.Except when constructed of materials that have been designed or manufactured to remain untreated,all fences or walls shall periodically be treated with paint or chemicals so as to retard deterioration. 2.Fences or walls shall be constructed with good workmanship and shall be secured to the ground or supporting area in a substantial manner and engineered so that the structure of columns or posts and the material used for the intervening panels are adequately constructed to support the materials and withstand wind loads. 3.All fences or walls(including entrance and exit gates)shall be maintained in good repair,free of graffiti,structurally sound,so as to not pose a threat to public health, safety,and welfare. G.Exceptions:Pillars shall be allowed to extend up to eighteen inches(18")above the allowable height of a fence or wall;provided,that the pillars shall have a maximum diameter or width of no more than eighteen inches(18");and provided,that the pillars shall have a minimum spacing of no less than six feet(6'),measured face to face. H.Encroachments:Encroachments into the"sight distance triangle"for driveways as defined and illustrated in chapter 21A.62 of this title,maybe approved by the zoning administrator.This regulation shall also apply to sight distance triangles for alleys. 166 I.Barbed Wire Fences: 1.Permitted Use:Barbed wire fencing is allowed as a permitted use in the AG, AG-2,AG-5,AG-20,A,CG,M-1,M-2 and D-2 districts. 2.Special Exception:Barbed wire fencing may be approved for nonresidential uses as a special exception pursuant to chapter 21A.52 of this title,in all zoning districts except for those listed above as permitted uses.The board of adjustment may approve as special exceptions,the placement of barbed wire fences,for security reasons,or for the keeping of animals around nonresidential properties,transformer stations,microwave stations,construction sites or other similar publicly necessary or dangerous sites, provided the requested fence is not in any residential district and is not on or near the property line of a lot which is occupied as a place of residence. 3.Location Requirements:Barbed wire fencing shall not be allowed in required front yard setbacks nor along frontages on streets defined as gateway streets in Salt Lake City's adopted urban design element master plan. 4.Special Design Regulations:No strand of barbed wire shall be permitted less than six feet(6')high.No more than three(3)strands of barbed wire are permitted.The barbed wire strands shall not slant outward from the fence more than sixty degrees(60°) from a vertical line.No barbed wire strand shall project over public property.If the barbed wire proposed slants outward over adjoining private property the applicant must submit written consent from adjoining property owner agreeing to such a projection over the property line. 5.Special Exception Approval Standards:The board of adjustment may approve, as a special exception,the building permit for a barbed wire fence if the zoning 167 administrator finds that the applicant has shown that the fence is reasonably necessary for security in that it protects people from dangerous sites and conditions such as transformer stations,microwave station or construction sites. J.Razor Wire Fences: 1.Special Exception:Razor wire fencing may be approved for nonresidential uses as a special exception pursuant to chapter 21 A.52 of this title,in the A,CG,D-2,M-1 and M-2 zoning districts.The board of adjustment may approve as a special exception the placement of razor wire fences,for security reasons,around commercial or industrial uses,transformer stations,microwave stations,or other similar public necessity or dangerous sites;provided,that the requested fence is not on the property line of a lot which is occupied as a place of residence. 2.Location Requirements:Razor wire fencing shall not be allowed in required front or corner side yard setback. 3.Special Design Regulations:No strand of razor wire shall be permitted on a fence that is less than seven feet(7')high.Razor wire coils shall not exceed eighteen inches(18")in diameter and must slant inward from the fence to which the razor wire is being attached. 4.Special Exception Approval Standards:The board of adjustment may approve razor wire fencing if the board finds that the applicant has shown that razor wire is necessary for the security of the property in question. K.Exemption:The A airport district is exempt from all zoning ordinance fence regulations.The department of airports has administrative authority to regulate and approve 168 fencing within the A airport district.All fencing that the department of airports requires of its clients within the A district is subject to review and approval by the airport. SECTION 182. Section 21A.42.060 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.42.060:TEMPORARY USE PERMIT REQUIRED;SPECIAL STANDARDS FOR ISSUANCE AND REVOCATION: A temporary use permit is required for temporary uses,in accordance with the following standards set forth below: A.Application:An application shall be submitted to the zoning administrator.Every application for a temporary use shall include a site plan,traffic plan,including the date,time, location and anticipated attendance of a temporary event or use,anticipated access routes, ingress and egress for emergency vehicles,and available parking in the vicinity,and the application shall be submitted to the zoning administrator at least thirty(30)calendar days before the scheduled date that the temporary event or use is to take place unless the zoning administrator approves a shorter application deadline. B.Fees:The application for a temporary use shall be accompanied by the fee shown on the Salt Lake City Consolidated Fee Schedule. C.Approval:A temporary use permit for a temporary use may be issued by the zoning administrator;provided,that the applicant meets all applicable requirements of this chapter and any other requirements deemed necessary by the zoning administrator to ensure that the temporary use will not have a detrimental impact upon other properties. D.Basis For Permit Denial:A temporary use permit shall be denied if the zoning administrator determines that the public health,safety or welfare would be impaired,or if the 169 applicant has not adequately addressed traffic and parking issues associated with the proposed use. E. Conditional Permit: A temporary use permit for a temporary use may be conditioned upon such special requirements as the zoning administrator may determine are necessary to achieve the purposes of this title and to protect the public health, safety and welfare. F. Revocation Of Permit: A temporary use permit shall be revoked by the zoning administrator pursuant to the procedures of section 21A.08.060 of this title, if any of the standards and conditions imposed pursuant to such permit, are violated. G. Appeal: Any person adversely affected by the decision of the zoning administrator, may appeal the decision to the board of adjustment pursuant to the provisions of chapter 21A.16 of this title. SECTION 183. Section 21A.46.030 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 21A.46.030: GENERAL SIGN PERMIT REQUIREMENTS: A. Sign Permit Required: Except where exempted by the provisions of this chapter, it is unlawful for any person to erect, construct, enlarge, locate or alter any sign or change the text of any on or off premises sign within the city contrary to any provisions of this chapter without first obtaining a sign permit from the building official. No sign shall be erected, constructed, reconstructed, located or altered until the site plan for such sign has been approved and a sign permit issued by the building official. Such pennits shall be issued only to state licensed contractors unless specifically exempted by the state. B. Application Requirements: All applications for sign permits shall be accompanied by a site plan and an elevation drawing. The site plan shall be in duplicate on a minimum eight and 170 one-half by eleven inch(81/2 x 11")paper. The site plan information shall be drawn to scale and dimensioned, and shall convey sufficient information so that the zoning administrator can determine whether the proposed sign will conform with the provisions of this chapter and the applicable provisions of the Salt Lake City building code. 1. Site Plan Drawing Requirements: The site plan drawing shall show the size of the sign and its location with relationship to the following features of the site: a. Property lines; b. Existing and proposed buildings or other structures; c.Barrier curbs; d.Parking areas; e. Landscaped areas; and f. "Clear view" areas on corners, driveways or intersections. 2. Elevation Drawing Requirements: Specifically, the elevation drawing shall show the following information: a. Type of sign; b. Sign location in relation to nearest property line; c. Sign face design if an on premises sign; d. Sign height; e. Sign face area; and f.Illumination specification. C. Sign Permit Fee Required: The sign permit applicant shall pay the fee shown on the Salt Lake City Consolidated Fee Schedule. 171 D. Plan Checking Fee: A plan checking fee shown on the Salt Lake City Consolidated Fee Schedule shall be paid to the building official for every sign permit issued. Where plans are incomplete, or changed so as to require additional plan checking, an additional plan checking fee may be charged at the rate shown on the Salt Lake City Consolidated Fee Schedule. E. Inspection Tag Fee: An inspection tag fee shown on the Salt Lake City Consolidated Fee Schedule shall be paid to the building official for each inspection tag issued. F. Double Fee Required: In the event that work is started prior to obtaining a permit, the fee for a sign permit may be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalties prescribed herein. G. Expiration Of Application: An application for which no permit is issued within thirty (30) days following the date of application shall expire and plans submitted for checking may thereafter be destroyed by the zoning administrator. The zoning administrator may extend the time for action by the applicant for a period not exceeding a total of ninety(90) days from the date of application upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration,the applicant shall resubmit plans and pay a new plan checking fee. H. Insurance Required For Structures And Signs Overhanging Public Property: No structure or sign overhanging public property shall be erected, reerected, located or relocated or enlarged or modified structurally, or change ownership, without first receiving the approval of the city property manager and submitting a certificate of insurance as specified by the Salt Lake City attorney's office. Information concerning insurance requirements is available at the office of the zoning administrator. 172 I. Permission Required For Signs And Marquees On Or Over Public Right Of Way: Except for portable signs authorized pursuant to section 21A.46.055 of this chapter, signs, marquees and other structures encroaching on or over the public sidewalk or on or over a public right of way shall obtain permission from the city pursuant to the city's rights of way encroachment policy. SECTION 184. Section 21A.46.160 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 21A.46.160: BILLBOARDS: A. Purpose Statement: This section 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: The definitions in this section apply in addition to those in Section 21A.46.020 of this chapter. BILLBOARD: 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. BILLBOARD BANK: An accounting system established by the city to keep track of the 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 173 shows the number and square footage of demolished nonconforming billboards. BILLBOARD OWNER:The owner of a billboard in Salt Lake City. DWELL TIME: The length of time that elapses between text,images,or graphics on an electronic billboard or electronic sign. 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 billboards include,but are not limited to,billboards that use light emitting diodes (LED),plasma displays,fiber optics,or other technology that results in bright,high-resolution text,images,and graphics. ELECTRONIC SIGN: Any on-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. 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. FOOT CANDLE:the English unit of measurement for luminance,which is equal to one lumen,incident upon an area of one square foot. GATEWAY:The following streets or highways within Salt Lake City: 1.Interstate 80; 2.Interstate 215; 3.Interstate 15; 4.4000 West; 5.5600 West; 174 6.2100 South Street from Interstate 15 to 1300 East; 7.The 2100 South Expressway from I-15 west to the city limit; 8.Foothill Drive from Guardsman Way to Interstate 80; 9.400 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 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. 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. ILLUMINENCE:The intensity of light falling on a subsurface at a defined distance from the source. 175 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. 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. TWIRL TIME:The time it takes for static text,images,and graphics on an electronic billboard or electronic sign to change to a different text,images,or graphics on a subsequent sign face. C.Limit On The Total Number Of Billboards:No greater number of billboards shall be allowed in Salt Lake City than the number of existing billboards. D.Permit Required For Removal Of 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 as shown on the Salt Lake City Consolidated Fee Schedule. E.Credits For Nonconforming Billboard Removal:After a nonconforming billboard is demolished pursuant to a permit issued under subsection DI of this section,or its successor,the city shall create a billboard bank account for the billboard owner.The account shall show the date of the removal and the zoning district of the demolished nonconforming billboard.The 176 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 removed subject to the following priority schedule: 1.Billboards in districts zoned residential,historic,residential R-MU or downtown D-1,D-3 and D-4 shall be removed first; 2.Billboards in districts zoned commercial CN or CB,or gateway G-MU,GGC or GH or on gateways shall be removed second; 3.Billboards which are nonconforming for any other reason shall be removed last;and 4.A billboard owner may demolish nonconforming billboards of a lower priority before removing billboards in a higher priority;however,the billboard credits for removing the oower priority billboard shall not become effective for use in constructing a new billboard until two(2)billboards specified in Subsection FI of this section,or its successor,with a total square footage equal to or greater than the lower priority billboard, are 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,priority billboards may be credited in the billboard owner's billboard bank account to effectuate the 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. 177 G. Life Of Billboard Credits:Any 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 priority credits effectuated pursuant to Subsection F4 of this section,or 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 are not effective 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 for 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. I.Double Faced Billboards:Demolition 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 billboard. J.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. K.Permitted Zoning Districts:New billboards may be constructed only in the area identified on the official billboard map. L.New Billboard Permits: 1.Application:Anyone desiring to construct 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 shall be: . I78 a. Building permit and plan review fees required by the uniform building code as adopted by the city; and b. Inspection tag fees as shown on the Salt Lake City Consolidated Fee Schedule. M. Use Of Billboard Credits: 1. A new billboard permit shall only be issued if the applicant has billboard credits of a sufficient number of square feet and billboards to allow construction of the new billboard. 2.When the permit for the construction of a new billboard is issued,the zoning 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 footage was used to allow the new billboard construction. 3. If the new billboard uses less than the entire available billboard credits considering both the number of billboards and square footage, any remaining square footage shall remain in the billboard bank. N. New Billboards Prohibited On Gateways: Except as provided in Subsection 0 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. O. Special Gateway Provisions: 1. If a nonconforming billboard is demolished within a special gateway, the billboard owner may construct a new billboard along the same special gateway in a zoning district equal to or less restrictive than that from which the nonconforming 179 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 each special gateway. A permit for the construction of a new billboard pursuant to this section must be taken out within thirty six (36)months of the demolition of the nonconforming billboard. P. 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. Q. 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. R. Height: The highest point of any new billboard, excluding temporary embellishments shall not be more than: 1. Forty five feet(45') above the existing grade; or 2. If a street within one hundred feet (100') of the billboard,measured from the street at the point at which the billboard is perpendicular to the street, is on a different 180 grade than the new billboard,twenty five feet(25')above the pavement elevation of the street. 3.If the provisions of Subsection R2 of this section,or its successor subsection, apply to more than one street,the new billboard may be the higher of the two(2)heights. S.Minimum Setback Requirements:All freestanding billboards shall be subject to pole sign setback requirements Iisted 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. T.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.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. U.Electronic Billboards: 1. Except as provided in Subsection 2 of this subsection,after the effective date of the ordinance enacting this Subsection U: 181 a.No electronic billboard shall be constructed or reconstructed for any reason,and b.The conversion,remodeling,or rehabilitation of any existing billboard to an electronic format is prohibited. 2. If after the effective date of the ordinance enacting this Subsection U the City is required by law to allow construction of a new electronic billboard,or to allow conversion of an existing billboard to an electronic format,any such electronic billboard shall be operated pursuant to the following standards: a.Any motion of any kind is prohibited on an electronic sign face. Electronic billboards shall have only static text,images,and graphics. i.The dwell time of any text,image,or display on an electronic billboard may not exceed more than once every twenty-four(24)hours. Twirl time between subsequent text,images,or display shall not exceed one quarter(0.25)second. ii.The illumination of any electronic billboard 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 billboard face at: AA.One hundred fifty feet(150')for an electronic billboard with a surface are of not more than two hundred forth two(242)square feet; BB.Two hundred feet(200')for an electronic billboard with a surface area greater than two hundred forth two(242) 182 square feet but not more than three hundred seventy eight(378) square feet; CC. Two hundred fifty feet(250') for an electronic billboard with a surface area greater than three hundred seventy eight(378) square feet but not more than six hundred seventy two (672) square feet; and DD. Three hundred fifty feet(350') for an electronic billboard with a surface area greater than six hundred seventy two (672) square feet. b. Electronic billboards may not be illuminated or lit between the hours of midnight and 6 a.m if they are located in, or within six hundred feet (600') of a residential,mixed-use, downtown, Sugar House Business District, gateway, Neighborhood Commercial, Community Business, or Community Shopping Center zoning district. c. Controls shall be provided as follows: i. All electronic billboards shall be•equipped with an automatic dimmer control or other mechanism that automatically controls the sigh's brightness and display period as provided above. ii. Prior to approval of any permit for to operate an electronic billboard,the applicant shall certify that the sign has been tested and complies with the motion, dwell time,brightness, and other requirements herein. 183 iii,The owner and/or operator of an electronic billboard shall submit an annual report to the City certifying that the sign complies with the motion,dwell time,brightness,and other requirements herein. 3.Uniform Operating Standards:Nine(9)months after the effective date of the ordinance enacting this Section U,the operating standards set forth in Subsections U2a to U2c shall apply to any public or private,on or off premise,electronic billboard or electronic sign legally existing prior to the effective date of such ordinance. V.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. W.Landscaping In Other Zoning Districts:Property in all districts other than as specified in Subsection US 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. X.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 inigation 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. 184 Y. Existing Billboard Landscaping: Existing billboards shall comply with the landscaping provisions of this section on or before January 1, 1996. Z. Compliance With Tree Stewardship Ordinance: Construction, demolition or maintenance of billboards shall comply with the provisions of the Salt Lake City tree stewardship ordinance. AA. 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. BB. Special Provisions: 1. Applicability: The provisions of this section shall apply to specified billboards located: a. Four (4) existing billboards between 1500 North and 1800 North adjacent to the west side of Interstate 15; and b. One(1) existing billboard on the east side of Victory Road at approximately 1100 North. 2. 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 W of this section, or its successor subsection. 185 CC.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 185. Section 21A.46.170 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.46.170:STREET BANNERS ON UTILITY POLES IN THE PUBLIC WAY: A.Purpose:The purpose of this section is to designate the use of certain utility poles for the display of street banners to benefit local neighborhoods and the city as a whole by allowing street banners for the limited purpose of encouraging and promoting community identity, community organizations,and community events.In allowing this limited signage on utility poles,in certain designated locations,the city does not intend to create a public forum,but rather intends to create a limited or nonpublic forum for the purposes set forth herein. B.Definitions: APPLICANT:Any person or organization that makes application for a street banner permit as described herein. COMMUNITY EVENT:A significant occurrence,happening,or activity in a given local neighborhood at a given place and time of specific and limited duration. COMMUNITY ORGANIZATION:A city recognized,community based organization,as defined in section 2.60.020 of this code,or a local nonprofit 501(c)(3)tax exempt status organization. COORDINATED STREET BANNER PROGRAM:A program described in subsection G of this section. LOGO:A business trademark or symbol. 186 SIGN:A sign as defined in section 21A.46.020 of this chapter. STREET BANNER:A temporary secured banner to be located along designated arterial or collector streets as shown on the adopted"Salt Lake City transportation master plan(major street plan:roadway functional classification)"map,or along Terminal Drive at the Salt Lake City International Airport,and displayed on a utility pole located in the public way. C.Authority To Display:In order to encourage and promote community identity, community organizations,and community events,an eligible participant,as defined herein,may, after applying for and receiving a permit to do so,place street banners on existing utility poles in the public way. D.Eligible Participants:The city will accept applications for a permit to display street banners only from community organizations,city and county government,the state of Utah,or from governmentally owned educational institutions.Applications for political and for profit promotional street banners will not be accepted.Street banners maybe placed on existing utility poles in the public way or on public property only for the limited purpose of promoting and encouraging community identity,community organizations,or community events.Street banners located within the boundaries of a coordinated street banner program shall be managed by the respective coordinated street banner program administrators. E.Approved Display Areas: 1.Approved Areas:Street banners may be placed on any existing utility poles that are located along designated arterial or collector streets according to the adopted"Salt Lake City transportation master plan(major street plan:roadway functional classification)"map,or on utility poles along Terminal Drive at the Salt Lake City International Airport,if done in compliance with the requirements of this section. 187 2.Location: a.Placement of street banners within locations identified on the"Salt Take City transportation master plan(major street plan:roadway functional classification)"map,or on utility poles along Terminal Drive at the Salt Lake City International Airport,must be reviewed in relationship to proximity and use of other existing or proposed street banners and their sponsoring institutions.In certain locations,such banner uses may have the potential for adverse impacts if located without careful planning.Such impacts may interfere with the enjoyment of adjacent property and uses. b.Street banners approved and managed by a coordinated street banner program shall be located within the boundaries of the program's specified management area. F.Display Content And Design: 1.Allowable Displays:The following displays are permitted on street banners: a.Advertisements or promotions of community organizations; b.Advertisements or promotions of community events; c.Advertisements or promotions of activities sponsored by the city,Salt Lake County,the state of Utah,or a governmentally owned educational institution; d.Advertisements or promotions of community events that are commercially sponsored; e.Welcome messages,such as those for class reunions,conventions, conferences,athletic tournaments,or local winners of major events; 188 f. Advertisements or promotions of sales and fundraising events for youth organizations, community organizations, and community service organizations for their program support; or g.Nonpartisan and noncandidate voting information. 2.Nonallowable Displays: The following displays are not permitted on street banners: a. Personal messages; b. Promotion of a commercial for profit enterprise, activity, or event; c. Advertisements for clubs, churches or for profit organizations promoting an event with an admission charge; d. Advertisements for religious organizations with a message not described in subsection Fl of this section; e. Messages of political parties or political groups that are not described in subsection Fl of this section; or f.Advertisements of clubs or organizations for events that are primarily • open only to members of those clubs or organizations. G. Management Of Coordinated Street Banner Programs: The city may enter into agreements with community, government, or educational organizations to manage a coordinated street banner program within a specified geographic area. Coordinated street banner programs shall be subject to requirements as set forth herein. Such agreements must be approved by the city and may establish regulations governing the application, approval, and placement of street banners within the geographic area specified by the agreement. H. Application For Permit: 189 1.Street Banners To Be Located Outside The Boundaries Of A Coordinated Street Banner Program:Any person or entity who desires to display street banners to be located outside of the boundaries of a coordinated street banner program shall submit an application to the city transportation division.An application form must be submitted to the transportation division not more than six(6)months nor less than two(2)months before the first date the street banners are proposed to be displayed and must contain the following: a.The name,address,and telephone number of the applicant,or if an organization,the name,address and telephone number of a contact person; b.The name,address,and telephone number of any licensed contractor hired to place or remove street banners; c.A photograph,drawing,or other visual representation of the proposed street banners; d.The proposed number of street banners and the proposed locations where the street banners will be placed; e.The proposed dates for placement and removal of the street banners; £If the city does not own the real property or the utility pole upon which a street banner is proposed to be placed,evidence of written permission from the owner consenting to such placement;and g.An application fee as shown on the Salt Lake City Consolidated Fee Schedule. 2.Street Banners To Be Located Within The Boundaries Of A Coordinated Street Banner Program:Any person or entity who desires to display street banners within the 190 boundaries of a coordinated street banner program shall submit an application to the managing entity of the coordinated street banner program.The applicant shall submit any payment or fee required by the coordinated street banner program. I.Standards For Granting Of The Permit:A street banner pennit application shall be reviewed and a permit issued by the city transportation division on a first come first served basis upon a determination that the application has been properly completed,and that: 1.The location and placement of the street banners will not endanger public safety,including motorists and pedestrians,by interfering with street lighting,obstructing traffic signs or other control devices,or otherwise creating dangerous distractions;and 2.The street banners would comply with all other requirements of this section. J.Time For Approval Or Disapproval Of Application:Within thirty(30)days after receiving the application for a permit,the city transportation division shall grant,modify,or deny the permit request. K.Judicial Review Of Denial:Any person adversely affected by the granting or denial of the permit may appeal such decision to a court of competent jurisdiction after receiving notice of the decision.The decision granting or denying the permit shall be effective on the date of written notice issued by the city transportation division. L.Street Banner And Hardware Standards: 1.Materials:Street banners must be constructed of a material that can withstand the normal and reasonably expected forces of nature for the period of time they are displayed.Tom or damaged street banners shall not be hung and shall be promptly replaced by the applicant if they are torn or damaged after being hung. 2.Dimensions: 191 a.The street banners shall not exceed an overall length of ninety six inches (96")and a width of thirty inches(30").There shall be a six inch(6")sleeve at the top of the street banner to slide over the bracket.The bottom shall have a two inch (2")hem,and the sides shall have a minimum hem of 0.75 inch.There shall be two(2)grommets at the bottom of the street banner.The graphic area shall not exceed twenty six inches by eighty eight inches(26"x 88"). b.Promotional street banners may carry a sponsor's logo.The sponsor logo is limited to the bottom twenty percent(20%)of the banner.Sponsor information shall not exceed six inches(6")in height. 3.Banner Hanging Hardware:Any hardware installed on utility poles to hold banners must first be approved by the city transportation division.All street banners and hardware shall be installed such that the top of the street banner is at least eighteen feet (18')above the ground.If the street banner hangs over the traffic way,the top of the banner must be at least twenty two feet(22')above the ground.If the city does not own the utility pole or if the utility pole is not on city property,installation must be approved by the pole owner. M.Duration Of Display:The street banners may be permitted to be in place for a period of at least seven(7)days but not more than thirty(30)days.As long as no other applicant has applied for permission to place street banners in the same location,that initial thirty(30)day maximum display period may be extended for additional periods of thirty(30)days. Notwithstanding the foregoing,the city may order that street banners be removed prior to the expiration of any permit period,if such street banners are determined to constitute a safety hazard,blight,or otherwise not meet the requirements of this section.The city reserves the right 192 to remove street banners after the display period expires.If the applicant does not remove the street banners,the city may remove them and may charge the applicant for the cost of such removal. N.Installation,Maintenance And Removal:Street banners and any hardware necessary to display them may be installed only by a licensed contractor approved by the city.Except as may be otherwise determined by the city,the applicant is responsible for all costs associated with installation,maintenance,and removal of street banners and any hardware necessary to display them.The applicant is also responsible for any damage that may occur to the street banners, hardware,or utility poles while the street banners are being installed,displayed,or removed.The applicant shall immediately replace,repair or clean,as applicable,damaged or dirty street banners.At the expiration of the permit period,the applicant shall remove the street banners within five(5)business days.After installation,any hardware installed on utility poles shall become the property of the city and shall remain on the utility poles after removal of the street banners unless the city transportation division instructs the applicant to remove the hardware. O.Local Street Banners:Nothing in this section shall apply to:1)holiday decorations (such as lights,wreaths,garlands,or similar decorations)attached to utility poles,or 2)banners on utility poles located on local streets as shown on the adopted"Salt Lake City transportation master plan(major street plan:roadway functional classification)"map that provide information about localized community events such as block parties,street fairs,or neighborhood celebrations and that contain no commercial content. P.Effect Of Invalidity:If any portion of this section is determined to be illegal,invalid, unconstitutional,or superseded,in whole or in part,this entire section shall forthwith be voided and terminated,subject to the following provisions:1)in the event of a judicial,regulatory,or 193 administrative determination that all or some part of this section is illegal,invalid, unconstitutional,or superseded,such action shall be effective as of the date of a final appealable court order;and 2)in the event of any state or federal legislative action that renders any portion of this section illegal,invalid,unconstitutional,or superseded,such action shall be effective as of the effective date of such legislative action. SECTION 186. Section 21A.50.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.50.040:PROCEDURE: An amendment to the text of this title or to the zoning map initiated by any of the methods described in section 21A.50.030 of this chapter shall be processed in accordance with the following procedures: A.Application:An application shall be made to the zoning administrator on a form or forms provided by the office of the zoning administrator,which shall include at least the following information: 1.A statement of the text amendment or map amendment describing the purpose for the amendment and the exact language,boundaries and zoning district; 2.Street address and legal description of the property; 3.A complete description of the proposed use of the property where appropriate; 4.Site plans drawn to scale(where applicable); 5.Related materials or data supporting the application as may be determined by the applicant and the zoning administrator; 194 6.Names,addresses and mailing labels of property owners within three hundred feet(300')of the periphery of the property where the map amendment is being proposed; and 7.Written confirmation by the applicant that any organization which is entitled to receive notice pursuant to title 2,chapter 2.62 of this code has been notified of the proposed amendment. B.Fees:The application for an amendment shall be accompanied by the fee shown on the Salt Lake City Consolidated Fee Schedule.Applications filed by a city council member,a planning commissioner or the mayor shall not require the payment of any fees. C.Determination Of Completeness:Upon receipt of an application for an amendment, the zoning administrator shall make a determination of completeness pursuant to section 21A.10.010,"General Application Procedures",of this title,and that the applicant has submitted all of the information necessary to satisfy the notification requirements of subsection 21A.10.020D of this title. D.Staff Report:A staff report evaluating the amendment application shall be prepared by the planning director. E.Planning Commission Public Hearing:The planning commission shall schedule and hold a public hearing on the completed application in accordance with the standards and procedures for conduct of the public hearing set forth in chapter 21 A.10,"General Application And Public Hearing Procedures",of this title. F.Planning Commission Decision:Following the public hearing,the planning commission shall recommend approval or denial of the proposed amendment or the approval of 195 some modification of the amendment and shall then submit its recommendation to the city council. G.City Council Hearing:The city council shall schedule and hold a public hearing to consider the proposed amendment in accordance with the standards and procedures for conduct of the public hearing set forth in chapter 21 A.10,"General Application And Public Hearing Procedures",of this title. H.City Council Decision:Following the hearing,the city council may adopt the proposed amendment,adopt the proposed amendment with modifications,or deny the proposed amendment.However,no additional land maybe zoned to a different classification than was contained in the public notice,and no land may be rezoned to a less restricted classification, without new notice and hearing. SECTION 187. Section 21A.52.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.52.040:PROCEDURE: An applicant for a special exception shall be processed in accordance with the following procedures: A.Application:An application maybe made by the owner of the subject property or the owner's authorized agent to the zoning administrator on a form or forms provided by the zoning administrator,which shall include at least the following information,unless deemed unnecessary by the zoning administrator: 1.The applicant's name,address and telephone number and interest in the subject property; 196 2.The owner's name,address and telephone number,if different than the applicant,and the owner's signed consent to the filing of the application; 3.The street address and legal description of the subject property; 4.The Salt Lake County property tax number; 5.The zoning classification,zoning district boundaries and present use of the subject property; 6.A vicinity map with north arrow,scale and date,indicating the zoning classifications and current uses of properties within eighty five feet(85')(exclusive of intervening streets and alleys)of the subject property; 7.The proposed title of the project and the names,addresses and telephone numbers of the architect,landscape architect,planner or engineer on the project; 8.A complete description of the proposed special exception; 9.A plan or drawing drawn to a scale of one inch equals twenty feet(1"=20')or 1 larger which includes the following information: a.Actual dimensions of the lot, b.Exact sizes and location of all existing and proposed buildings or other structures, c.Driveways, d.Parking spaces, e.Safety curbs, f.Landscaping, g.Location of trash receptacles,and h.Drainage features; 197 10.Traffic impact analysis; 11.Such other and further information or documentation as the zoning administrator may deem necessary or appropriate for a full and proper consideration and disposition of the particular application. B.Determination Of Completeness:Upon receipt of an application for a special exception,the zoning administrator shall make a determination of completeness pursuant to section 21A.10.010 of this title,and that the applicant has submitted all of the information necessary to satisfy the notification requirements of subsection 21A.10.020A of this title. C.Fee:The application for a special exception shall be accompanied by the fee shown on the Salt Lake City Consolidated Fee Schedule. D.Staff Report:A staff report evaluating the special exception application shall be prepared by the zoning administrator unless,pursuant to subsection 21A.52.020B of this chapter, such special exception has been designated by the board of adjustment as a routine and uncontested matter for decision pursuant to the procedures of chapter 21A.14 of this title. E.Public Hearing:The board of adjustment shall schedule and hold a public hearing on the completed application in accordance with the standards and procedures for conduct of the public hearing set forth in chapter 21A.10 of this title. F.Board Of Adjustment Decision:The staff report shall be considered at the board of adjustment's public hearing.Following the conclusion of the public hearing,the board of adjustment shall either:1)approve the special exception;2)approve the special exception subject to specific conditions;3)deny the special exception;or 4)hold the application for additional information. 198 SECTION 188. Section 21A.52.050 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21 A.52.050:COORDINATED REVIEW AND APPROVAL OF APPLICATIONS: Whenever an application for a special exception requires a variance,the applicant shall indicate that fact on the application and shall also file a variance application with the board of adjustment.Both applications may be considered by the board of adjustment at the same time. All required notices shall include reference to the request for the variance and any other approvals.Each application shall be accompanied by a separate fee as shown on the Salt Lake City Consolidated Fee Schedule. SECTION 189. Section 21A.54.060 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 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 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 owner's name,address and telephone number,if different than the applicant,and the 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; 199 7.Traffic impact analysis; 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 with the proposed conditional use; 10.MaiIing labels and first class postage for all persons required to be notified of the public hearing on the proposed conditional use pursuant to chapter 21 A.10 of this title; 11.Such other and further information or documentation as the zoning administrator may deem to be necessary for a full and proper consideration and disposition of the particular application. B.Determination Of Completeness:Upon receipt of an application for a conditional use, the zoning administrator 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 shown on the Salt Lake City Consolidated Fee Schedule. D.Staff Report;Site Plan Review Report:Once the 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 planning commission,or,in the case of administrative conditional uses,the planning director or designee along with a site plan review report prepared by the development review team. 200 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 chapter 21A.55 of this title and section 21A.54.155 of tins chapter for additional procedures for public hearings in connection with planned developments and 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, such as a variance or special exception,all required notices shall include reference to the request for all 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. SECTION 190. Section 21A.56.040 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.56.040:PROPOSED PROJECT;APPLICATION;FEES: A.Information Required:The owner or developer of a proposed condominium project desiring approval shall file both a preliminary application and a final application with the Salt Lake City planning division on forms prescribed by the city together with: 1.Six(6)copies of the proposed map,accurately drawn to scale,as required by title 57-8-13,Utah Code Annotated,1975,as amended or its successor,which shall be made by a registered Utah land surveyor.Such map shall set forth:a)the angular and 201 linear data along the exterior boundaries of the property;b)the linear measurement and location,with reference to the exterior boundaries,of the building or buildings;c)the diagrammatic floor plans of the buildings,including identifying number or symbol;d)the elevations of the finished or unfinished interior surfaces of the floors and ceilings and the linear measurements of the finished or unfinished interior surfaces of the perimeter walls, and the lateral extensions of every unit;e)a distinguishing number or symbol for every physical unit identified on the record of survey map;f)the limited common and common areas and intended use/uses. 2.Two(2)copies of the proposed condominium bylaws and declarations, including itemizing those facilities which will be commonly owned and maintained by the owners,and the plan for providing long term funding,as required by city ordinance. The declaration shall also contain the following: a.A statement that the homeowners'association may regulate,limit,or prohibit rentals of condominium units; b.A statement that the homeowners'association may require the rental of condominium units to be conducted through the homeowners'association or a designated management company,and may require that all lease agreements be reviewed and approved by the homeowners'association or the management company,that any tenants be screened and approved by the homeowners' association or the management company prior to renting the condominium,and that the approval of the homeowners'association or the management company shall not be unreasonably withheld; .202 c.A statement that prior to renting any condominium unit,the condominium owner and the tenant shall execute a written lease agreement which shall include the following provisions: (1)The tenant shall agree to comply with all of the terms and conditions of the condominium declaration and bylaws; (2)The tenant shall agree not to allow or commit any nuisance, waste,unlawful or illegal act upon the premises;and (3)The owner and the tenant shall acknowledge that the homeowners'association is an intended third party beneficiary of the lease agreement,that the homeowners'association shall have the right to enforce compliance with the condominium declaration and bylaws and to abate any nuisance,waste,unlawful or illegal activity upon the premises; and that the homeowners'association shall be entitled to exercise all of the • owner's rights and remedies under the lease agreement to do so; d.A statement requiring that prior to a tenant's occupancy of a condominium unit,the condominium owner must provide to the homeowners' association the name,address and telephone number of the tenant and a copy of the written lease agreement; e.A statement that the homeowners'association shall have the right and the obligation to enforce compliance with the condominium declaration and bylaws against any owner and/or occupant of any condominium unit,and shall have all rights and remedies available under state or local law,in addition to its 203 rights and remedies as a third party beneficiary under any lease agreement,to enforce such compliance. 3.A printed list on gummed mailing labels of owners of all real property within three hundred feet(300'),excluding streets,of the proposed condominium.Where conversion of an existing building is proposed,the mailing list shall include current tenants of the building. 4.Where conversion of an existing building is proposed,a property report must be prepared consistent with the requirements of section 18.32.050 of this code(adopted building code appendix;nonconforming building conversion),and submitted as part of the application,together with a plan for proposed improvements,renovations or repairs to existing structures/facility. 5.Where conversion of an existing residential building is proposed,proof of notice to occupants shall be required before final approval.The notice shall include the estimated purchase price of the units,and information regarding proposed improvements. The notice shall describe any financing packages or economic incentives being offered to tenants to assist in unit purchase.The notice shall also include a date occupants must vacate or purchase,said date shall be no earlier than ninety(90)days after service of the notice.Relocation information for the tenants,specifying available housing relocation resource agencies,and a plan of any services to be voluntarily provided by the owner/developer,shall be included in the notice. B.Filing Fees:To assist the city in defraying costs incurred in review of the project,fees shall be submitted with each application as shown on the Salt Lake City Consolidated Fee Schedule. 204 C.Determination Of Complete Application:The application for either preliminary or final condominium approval shall not be considered complete until all required fees are paid to the city by the applicant and the planning staff has reviewed the material and determined that the material is adequate and correctly details the condominium request.If the application is found to be incomplete,the staff will inform the applicant of the necessary additional information. SECTION 191. Section 21A.58.080 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.58.080:PROCEDURES FOR SITE PLAN REVIEW: A.Preapplication Conference:Before filing an application for approval of a site plan, landscape plan and other applicable plans,the applicant is encouraged to confer with the DRT regarding the general proposal.Such action does not require formal application fees,or filing of a site plan,or landscape plan and is not to be construed as an application for formal approval.No representation made by the zoning administrator,the DRT or other city departments during such conference shall be binding upon the city with respect to an application subsequently submitted. B.Fees:Every site plan application shall be accompanied by the fee shown on the Salt Lake City Consolidated Fee Schedule. C.Submission Of Final Site Plan,Landscape Plan And Other Plans;Review And Approval: 1.DRT Review:After the site plan,landscape plan,other applicable plans and related materials and fees have been submitted pursuant to section 21A.58.060 of this chapter,and the application has been determined by the zoning administrator to be complete pursuant to section 21A.10.010 of this title,the application shall be reviewed and processed through the development review team(DRT)in coordination with the 205 appropriate city departments.If the plan is approved,the zoning administrator shall certify approval on the site plan and state the conditions of such approval,if any.If the plan is disapproved,the zoning administrator shall indicate reasons in writing to the applicant. 2.Appeal Of Zoning Administrator Decision:Any appeal of the zoning administrator's denial of a site plan shall be made to the board of adjustment,pursuant to chapter 21A.16 of this title. 3.Certification By Zoning Administrator:The decisions of the zoning administrator approving the application shall be noted on all copies of the site plan, landscape plan and other applicable plans to be retained in the record,including any changes or conditions required as part of the site plan approval.One such copy shall be returned to the applicant,and others retained as required for records or further action by the zoning administrator or other affected agencies of the city. 4.Building Permits:Building permits shall be issued in accordance with approved plans.A copy of the approved site plan shall be retained in the records of the office of the division of building services and licensing and all building and occupancy permits shall conform to the provisions of the approved site plans. 5.Amendments Or Modifications To Approved Site Plans:Amendments or modifications to approved site plans and/or landscape plans must be submitted to the zoning administrator.Such modifications shall be submitted in accordance with the procedures and requirements of this chapter and shall be distributed to the appropriate departments for review.The zoning administrator may waive this requirement if the zoning administrator determines that such modification of the original site plan and/or 206 landscape plan has no significant impact upon the original proposal and still remains in conformance with zoning standards and regulations. 6.Time Limit On Approval:Approval of the site plan,landscape plan and other applicable plans shall be void unless a building permit has been issued or complete building plans have been submitted to the division of building services and licensing one year from the date of approval.The planning director may grant an extension of a site plan approval for up to one additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact.Extension requests must be submitted to the planning director in writing prior to the expiration of the site plan approval. 7.Stop Work Order:A stop work order may be put on the project if any improvements required are not consistent with the approved site plan,landscape plan or other applicable plans. 8.Maintenance Guarantee:When any improvement is to be accepted for dedication,maintenance or operation by the city,the applicant shall be required to provide financial security(acceptable to the city attorney)in the amount of ten percent (10%)of the total construction costs of the project to cover the costs of any defects which may occur in such improvements within two(2)years after the date of acceptance by the city.The director of community and economic development or director of public utilities or other city official shall be responsible for determining when such financial security shall be required. SECTION 192. Section 21 A.59.070 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 207 21A.59.070:PROCEDURES FOR DESIGN REVIEW: A.Preapplication Conference:Before filing an application for design review,the applicant is encouraged to confer with the development review team(DRT)regarding the general proposal.Such action does not require formal application fees,or filing of a site plan,or landscape plan and is not to be construed as an application for formal approval.No representation made by the planning director,the DRT or other city departments during such conference shall be binding upon the city with respect to an application subsequently submitted. B.Fees:Every design review application shall be accompanied by the fee shown on the Salt Lake City Consolidated Fee Schedule. C.Submission Of Final Plans;Review And Approval: 1.Planning Commission Review:After the plans and related materials and fees have been submitted pursuant to section 21A.59.050 of this chapter,and the application has been determined by the planning director to be complete pursuant to section 21A.10.010 of this title,the application shall be reviewed and processed through the planning commission in coordination with the appropriate city departments.If the plan is approved,the planning director shall certify approval and state the conditions of such approval,if any.If the design is disapproved,the planning director shall indicate reasons for such in writing to the applicant. 2.Appeal Of Planning Commission Decision:Any appeal of the planning commission decision shall be made to the land use appeals board,pursuant to title 2, chapter 2.88 of this code within ten(10)calendar days of the date on which a record of decision is issued. 208 3.Certification By Planning Commission:The decisions of the planning commission approving the application shall be noted on all copies of applicable plans to be retained in the record,including any changes or conditions required as part of the design review approval.One such copy shall be returned to the applicant,and others retained as required for records or further action by the planning commission or other affected agencies of the city. 4.Building Permits:Building permits shall be issued in accordance with approved plans.A copy of the approved plan shall be retained in the records of the office of the division of building services and licensing and all building and occupancy permits shall conform to the provisions of the approved design review. 5.Amendments Or Modifications To Approved Design Review:Amendments or modifications to approved design review must be submitted to the planning director. Such modifications shall be submitted in accordance with the procedures and requirements of this chapter and shall be distributed to the appropriate departments for review.The planning director may waive this requirement if the planning director determines that such modification of the original design review has no significant impact upon the original proposal and still remains in conformance with design concepts approved by the planning commission. 6.Time Limit On Approval:Approval of design review shall be void unless a building permit has been issued or complete building plans have been submitted to the division of building services and licensing within one year from the date of approval.The planning director may grant an extension of a design review approval for up to one additional year when the applicant is able to demonstrate no change in circumstance that 209 would result in an unmitigated impact.Extension requests must be submitted to the planning director in writing prior to the expiration of the design review approval. SECTION 193. Section 21A.60.040 of the Salt Lake City Code,shall be,and hereby is, amended to change the following term and definition,to be inserted in alphabetical order,with no additional revisions to that section: 21A.62.040:DEFINITIONS OF TERMS: For the purposes of this title,the following terms shall have the following meanings: FEE SCHEDULE:The Salt Lake City Consolidated Fee Schedule which,among other things, shows the fees required in connection with applications for a zoning amendment,a special exception,a conditional use,a zoning certificate,a certificate of occupancy,sign certificate,or any other type of approval required by the provisions of this title.The fee schedule is available from the zoning administrator. SECTION 194. Section 21A.64.010 of the Salt Lake City Code shall be,and hereby is, amended to read as follows: 21A.64.010:FEE SCHEDULE: All fees shall be as shown on the Salt Lake City Consolidated Fee Schedule. Note:1.The fee for a special exception or variance shall not be required for alterations of contributing structures or new construction located within an H historic preservation overlay district or alterations of a landmark site when the historic landmark commission finds that the development,as proposed,is more consistent with the intent of section 21 A.34.020 or subsection 2I A.46.070V of this title,than by strict compliance with the ordinance. 210 SECTION 195. 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 17 day of May 2011. LitkA( CHAIRP S& EST: • gr• '-G�.ICI RECORD :;*= ;;* •.ono, -:� Transmitted to Mayor on May 17, 201 �'PQRA'['rc`'S'Pr' • Mayor's Action: _ _Approved. Vetoed. MA OR • Y RECORDER (SEAL) Bill No. 24 of 2011. �poRA'rSrsC Published: 5-23-11 APPROVED AS TO FORM Date: /7 201/ By: 211