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064 of 1993 - Amending Section 21.92.021 extending a temporary0 93-1 0 93-32 OPTION B SALT LAKE CITY ORDINANCE No. 64 of 1993 (Amending Section 21.92.021 extending a temporary regulation prohibiting the erection or construction of any new billboards within the City.) AN ORDINANCE AMENDING SECTION 21.92.021 EXTENDING A TEMPORARY PROHIBITION ON THE CONSTRUCTION OF NEW BILLBOARDS. WHEREAS, Section 10-9-404 of the Utah Code Annotated 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 a compelling, countervailing public interest; and, WHEREAS, Section 10-9-404, 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; and, WHEREAS, the City is in the process of researching and writing a comprehensive regulation of billboards; and, WHEREAS, the City Council has determined that the continuing construction and erection of billboards, prior to the new comprehensive regulations, is contrary to the City's master plan and the best interests of the City and that the adverse affects of such billboards constitute a compelling, countervailing public interest which justifies an extendable temporary prohibition; and WHEREAS, the City previously adopted Ordinance No. 59 of 1993 enacting Section 21.92.021 providing for an extendable temporary prohibition of billboard construction or erection until August 13, 1993; and WHEREAS, the City Council has determined that the temporary prohibition should be extended until December 31, 1993, or the effective date of a billboard regulatory ordinance, whichever is sooner; THEREFORE, the City Council of Salt Lake City, Utah hereby amends Section 21.92.021 of the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21.92.021.B, and the same hereby is amended to read as follows: Section 21.92.021 Temporary prohibition of new billboard construction or erection. A. Pursuant to Section 10-9-404, Utah Code Annotated, the City Council expressly finds that the adverse effect of the construction and erection of billboards for which permits have not been obtained, while the City investigates a comprehensive regulation of billboards, is not in the best interests of the City and constitutes a compelling, countervailing public interest sufficient to justify a six month prohibition. B. Construction and erection of billboards for which no permit has been issued on or before July 13, 1993 shall be prohibited until December 31, 1993, or the effective date of a billboard regulatory ordinance, whichever is sooner. This ordinance shall not prohibit the issuance of permits to repair or reconstruct, to the same site and type, existing legally 2 conforming billboards. The City specifically reserves the right to extend this temporary prohibition by subsequent ordinance to the maximum time allowed by law. SECTION 2. Three copies of this ordinance have been filed with the City Recorder for use and examination by the public prior to the ordinance's adoption. Accordingly, pursuant to Section 10-3-711, U.C.A., this ordinance shall take effect immediately. In the alternative, the City Recorder is also instructed to publish the ordinance. In the event that immediate effectiveness is subsequently determined to be invalid, this ordinance shall be deemed effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 10th day of August ATTEST: 19 93 CHAI ERSO Transmitted to the Mayor on Mayor's Action: ATTEST: x ‘tvg,„„ CITY RECORDER 8/10/93 N:\ATTY\ORDINA93\OPTB-WHI.BRB 3 Bill 64 of 1993 Published 8-18-93