062 of 2001 - enacting a temporary moratorium prohibiting the acceptance of applications for or approval of certai 0 01-1
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SALT LAKE CITY ORDINANCE
No. 62 of 2001
(Enacting a temporary moratorium prohibiting
the acceptance of applications for or approval of certain signs)
AN ORDINANCE ENACTING A TEMPORARY MORATORIUM
PROHIBITING THE ACCEPTANCE OF APPLICATIONS FOR OR APPROVAL OF
CERTAIN SIGNS IN THE CITY.
WHEREAS, Section 10-9-404 of the U.C.A. allows cities, without a public
hearing, to enact ordinances establishing temporary zoning regulations for any part or all
of the City if the City Council makes a finding of compelling countervailing public
interest; and
WHEREAS, Section 10-9-404 of the U.C.A. allows the City in the temporary
regulation to prohibit or regulate the erection, construction, reconstruction or alteration of
any building or structure or subdivision approval; and
WHEREAS, the City's existing zoning regulations contain a distinction between
on-premise and off-premise signs, in which an on-premise sign is defined as "a sign
which directs attention to a business, commodity, service, entertainment or attraction sold
or offered on the premises on which the sign is erected"; and
WHEREAS, the City has signed a host city contract in connection with its
obligations to host the 2002 Winter Olympic Games in Salt Lake City; and
WHEREAS, the City has determined that the current definition of an on-premise
sign would allow for signage in the City which could potentially violate the City's Host
City Contract; and
WHEREAS, the City anticipates the need to develop and enact amendments to the
City's existing sign regulations to resolve this issue; and
WHEREAS, the City finds that accepting additional applications for or approving
certain signs under the City's current definition of on premise signs would adversely
affect the City's interest in meeting it's obligations under the Host City Contract, which
contractual obligations constitute a compelling, countervailing public interest which
justifies a temporary moratorium; and
WHEREAS, the City Council finds that the City's interest in adopting this
temporary moratorium outweighs any private interests in constructing signs under the
City's existing standards;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. The City shall and hereby does enact the following:
Temporary prohibition on the acceptance of applications for or
approval of certain on-premise signs:
A. Finding of compelling, countervailing public interest. Pursuant to Section
10-9-404, U.C.A., the City Council finds that the adverse effects of allowing the
development specified in this section, while the City develops and evaluates amendments
to the City's existing sign regulations, is not in the best interest of the City and constitutes
a compelling countervailing public interest sufficient to justify a six month prohibition.
B. Balancing a public versus private interest. The City Council further finds
that any harm to private interests is diminimus and is outweighed by the City's interest in
meeting its obligations under the Olympic Host City Contract, and in developing and
evaluating proposed amendments to the City's sign regulations. The City Council finds
that no developments, the plans for which were not submitted prior to 5:00 p.m. on
September 11, 2001, in full compliance with existing zoning regulations, have any right
to develop under those existing regulations. In addition, any development plans or
applications submitted prior to 5:00 p.m. on September 11, 2001, which have been
disapproved by the City due to incompleteness, inaccuracies or non-compliance, are
specifically determined to have no vested right to develop under existing regulations, and
the City shall not accept any resubmittals of those disapproved applications or proceed
with any further hearing for approval of those incomplete applications during the period
of this ordinance.
C. Prohibitions. During the period of this order, the City shall not accept or
approve any application for the construction of a new on-premise sign, or for the
modification of an existing on-premise sign, unless such sign complies with the proposed
draft definition of on-premises sign attached hereto as Exhibit"A".
D. Length of Prohibition. This prohibition shall remain in effect for a period
of six months from the effective date of this ordinance, or until the effective date of the
City Council action upon the proposed amendments to the City's existing sign
regulations, whichever occurs first.
SECTION 2. Effective Date. This ordinance shall become effective upon the
date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this 18th day of
September 2001.
l. • � ;i
CHAT ERSON „/
ATTEST AND COUNTERSIGN:
Glitiqt,
CHIEF DEPUTY CITY R ,ORDER
Transmitted to Mayor on 9-19-01
Mayor's Action: A Approved. Vetoed.
MAYOR
avtioto:„CHIEF DEPUTY DEPUTY CITY RE ORDER —
(SEAL) et? 44
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Bill No. 62 of 2001.
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Published: 9-19-01 r ' `4,z * I
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G\Ordma01\Temporary Moratorium-Sept 10,2001 doc
DRAFT
EXHIBIT "A"
Salt Lake City Code 21A.46.020
"On-premises sign" means a sign which directs attention to the name of a
building, business, or to a primary commodity, service, entertainment or
attraction sold or offered on the premises on which the sign is erected. For
the purposes of this section, a primary commodity, service, entertainment
or attraction shall mean one which generates at least 25% of the net annual
revenue of the business operated on the premises excluding income
derived from advertising.