006 of 1985 - Newsracks Fs �--(
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SALT FAKE CTTY OP.DTNANCF
No . 6 of 1985
(Newsracks )
AN ORDINANCE AMFNDING THE R FVI S FD ORD INANr ES OF SALT LAKE
CITY, UTAH 1965 AS AMENDED RELATING TO THE REGULATION OF
NEWSRACKS : BY AMENDING SECTION 20-25-6 REI,ATTNG TO Aid EXCEPTION
FOR. NWSR.A.CKS FROM THE PROHIBITION OF STREET OCCUPATIONS IN THE
DOWNTOWN AREA; BY A.MFD?DING TITLE 20 BY ADDING CHAPTER 39 RELATING
TO REGULATIONS APPLICABLE TO NEWSRACKS; AND BY AMFNDIP?G SECTION
51-21-1 RELATING TO PERMITTED USES ITT THE BUSINESS "B-3" DISTRICT
BY ADDING ( 12 ) RELATING TO NEWSRACKS.
Be it ordained by the City Council of Salt Lake City, Utah :
SECTION 1 . Section 20-25-6 of the Revised Ordinances of
Salt Lake City , Utah, relating to exceptions for newsstands to
the prohibition of street occupations in the downtown area, be
and the same is hereby AMENDED to read as follows:
Sec. 20-25-6. Street occupations in downtown area
prohibited . Exceptions. It shall be unlawful _for anv person to
engage in or carry on the business of selling lunches or any
article or thing, merchandise or commodity .from or in wagons,
carts, cars or any other vehicle or structure, in or upon the
streets of Salt Lake City within the district hounded : on the
north by the north side of North Temple Street; on the east by
the east side of Second East Street; on the south by the south
Revised 01/22/85
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side of Fifth South; and on the west by the west side of Fourth
West Street; provided:
(a) That newsracks may be permitted to occupy spare in said
district, hereinafter the "Expanded CBD" , in compliance with the
regulations of chapter_ 39 of this title and Title 51.
SECTION 2. That Title 20 of the Revised Ordinances of Salt
Lake City, Utah, relating to licensing, be, and the same is
hereby amended by ADDING a new Chapter 39 relating to the
regulation of newsracks, as follows :
Chapter 39
NEWSRACKS
Sections
20-39-1 . Declaration of Purpose and Intent.
20-39-2 . Newsracks Reauired to Reaister.
20-39-3 . Definitions.
20-39-4 . General Standards.
20-39-5. Expanded CRP Standards for Newsrack
Specification, Placement and Installation.
20-39-6. Registration.
20-39-7. Newsr_ack Violations.
20-39-8. Transition Implementation.
20-39-9. Severability.
Sec. 20-39-1 . Declaration of Purpose and Intent. The
Council of the City of Salt Lake hereby finds and declares:
(1 ) The primary intended use of the streets and sidewalks
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of the City is the movement of people and property. Generally
speaking, the city considers its streets and the real property
interests therein to be a valuable asset, one which it intends to
control by regulation and will not allow to be appropriated by
private enterprise.
(2 ) The City has an obligation to the general public to
ensure reasonably unobstructed passage over the public ways in a
clean, safe and orderly manner.
( 3 ) The City has an obligation to protect the health and
safety of the public, and to protect persons, including minors,
from unwilling exposure to explicit sexual material .
(4 ) Inappropriately located newsracks can pose a
significant hazard and annoyance to pedestrians, abutting
landowners, vehicles, and the maintenance of public improvements.
(5 ) The uncontrolled construction, placement, and
maintenance of newsracks unreasonably interferes with the
public's right to safe and unobstructed passage and tends to
physically and visually clutter the public rights-of-way and
required setbacks. Such placement, construction and maintenance
of newsracks must be reviewed in relationship to proximity,
design and use of other existing or proposed street improvements
and furniture of the streetscape, including but not limited to
sign and lamp posts, parking meters, bus shelters and benches,
planters, telephone booths, traffic devices, bus stop areas,
loading zones, and landscaped setbacks.
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( 6) The City' s core Central Business District ( "CRP") is a
particularly congested and important area. The aesthetically
pleasing and functional design and regulation of the use of
streets and sidewalks in the CBD and in the area planned for the
expansion of the CRP ( "Expanded CBD" ) is extremely important in
developing and maintaining order for the public good;
(7 ) The City has gone to great lengths in its street
improvement program in existing and proposed beautification
projects within the core and Expanded CBD to create an
aesthetically pleasing and harmonious streetscape which also
functions safely and efficiently. Outdoor newsracks, as part of
the streetscape furniture, should be designed, constructed and
placed in the Expanded CBD according to the proposed pattern to
carry out those objectives.
( 8) Historically, the use of the streets for commercial
enterprise has been precluded to preserve the streets for public
purposes and to avoid the appropriation of public property or the
creation of unfair economic advantage to businesses competing in
the business district on private property. ristribution of
newspapers has been a noteable, but limited exception allowed in
business districts to accommodate convenient dissemination of the
news to encourage an informed citizenry, even though such
distribution from newsracks comoetes with normal retail or
subscription methods. Use of the streets in commercial districts
where subscription is _less common should not he absolutely
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denied , but is subordinate to the street's use for public
purposes. This private use of the streets, afforded certain
constitutional protection under freedom of expression, is being
regulated to ensure subordination to public purposes and
protection to the City and its residents by indemnifying the City
against any liability arising out of this use of public property.
(9 ) Daily newspapers of general circulation provide the
most comprehensive and detailed information regarding local
advertising and state anO local news , which is of greatest
interest to those in the Expanded CBD and becomes stale on a
daily basis requiring rapid turnover. It is not inappropriate to
give daily publications of general and large circulation priority
when sites within the Expanded CBD are limited . Nor is it
inappropriate to reauire relinquishment of a multiple rack to a
newcomer in the event of localized saturation to achieve
dispersal and non-proliferation.
(10 ) The above strona compelling governmental interests
compete against public interests in freedom of expression and the
private commercial interests of distributors. The City desires,
in this ordinance, to balance those interests. Therefore, it
requires registration to reasonably regulate the use of the
streets and streetscape by newsracks as to time, place and
manner, and to provide for efficient and reasonable adminis-
tration and enforcement of the regulations .
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Sec. 20-39-2 . Newsrack Reauired to Register. Tt shall he
unlawful for any person, firm, or corporation to operate,
install, or place any newsracks for the disnl.av, sale or
distribution of printed material outside of a huilding: (a)
contrary to the standards of this chapter, and (b) without
registering each such newsrack location prior to or within two
weeks of its placement and obtaining a certificate of
registration under the provisions of this Chapter. Any person
placing a newsrack on the public way shall hold the City harmless
from any claims arising out of the existence or use of the
newsrack. A certificate of registration shall be issued after
review by the Planning Department for tentative location approval
and by the Traffic and City Engineer, after findinq compliance
with the terms of this Chapter. Upon certification, registration
stickers shall he issued by the City. Thereafter, permanent
securing may be completed according to specifications established
by the City Enqineer. Anv registrant desi.rinq to install
hardsurfacing in the street for a newsrack location must obtain
registration certification and a permit to work in the public way
from the City Engineer under Title 41 before newsrack placement.
Sec. 20-39-3 . Definitions. Defined terms as used in this
chapter, include:
(1 ) "Newsracks" shall mean any outdoor self.-service or
coin-operated container, rack or structure used or maintained for
the distribution of newspapers, newsperiodicals or other printed
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material . For the purpose of sracino and location restrictions ,
every 30 linear inches of the width of a newsrack shall count as
one individual newsrack, without regard to the number of
supporting pedestals, dispensing units, bases or coin
mechanisms. For zoning purposes each newsrack shall be
considered a retail sales use.
(2 ) "Street" shall mean all that area dedicated to public
use between property lines for public street purposes and shall
include, but not be limited to, roadways, parkways, alleys and
sidewalks.
(3 ) "Roadway" shall mean that portion of a street improved,
designed or ordinarily used for vehicular travel . Where curb
improvements exist, it extends from hack of curb to hack of curb.
(4 ) "Parkway" shall mean parking strips or that area
between the sidewalk and the curb of any street; and where there
is no sidewalk, that area between the edge of the roadway and the
property line adjacent thereto. Parkway shall also include any
area within a roadway that is not open to vehicular travel.
(5) "Sidewalk" shall mean any surface provided for the
exclusive use of pedestrians.
(6) "Expanded CBD" shall mean that area of downtown
bounded: on the north by the north side of north Temple Street;
on the east by the east side of 200 East Street; on the south by
the south side of 500 South Street; and on the west by the west
side of 400 West.
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(7) "Face of a hlock , " for spacina purposes herein, shall
mean one side of a street between two consecutive intersectinq
streets, but does not extend across the street.
Sec. 20-39-4. General standards. Except where superseded
in the Expanded CBD provisions of Section 20-39-5 , any newsrack
which in whole or in part rests upon, in or over any sidewalk or
parkway , or outside of a buildinq in the frontyard (as defined in
Title 51 of these ordinances) shall be constructed, installed and
maintained , and operated in compliance with the following
specification and regulations:
(1 ) Specifications of construction and methods of
installation and removal.
(a) No newsrack shall exceed 60" in height, 30" in
width, nor 24" in depth.
(b) No newsrack shall weigh in excess of 265 pounds
when empty, including pedestal and base.
(c) Each newsrack and identification thereon shall be
of unobtrusive neutral colors of grey, black or brown to
blend into the streetscape. Lettering may be of black
and/or white. However, the bottom 6" of the newsrack door
may be of other colors that may be identified with the
publication.
(d) No newsrack shall he used for advertising signs or
publicity purposes other than identification or for dealing
with the display , sale or purchase of the newspaper_ or news
periodical therein.
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(e) Newsracks are not to be secured until registration
is certified . No newsrack may be secured by chaining. No
newsrack may be secured by bolting or otherwise to any
building or permanently fixed object not owned by the owner
of the newsrack, without permission by the property owner or
its agent. Newsracks may not be secured to publicly owned
.fixed objects or improvements such as sidewalks, without
complying with bonding, construction and removal
specifications of the City Engineer. Where installation is
limited to bolting into an existing sidewalk, a permit to
work in the public way is not required . No holtina into
brick pavers will be allowed.
(f) Upon removal of any newsrack, the owner shall be
responsible to restore the site. Where bolting has been
used, restoration shall include removal of bolts, grouting
of holes, and necessary surface or subsurface repair.
( 2 ) Placement and maintenance.
(a) No newsrack shall be installed , used or maintained
which projects onto, into, or over any part of the roadway
of any public street, or which rests, wholly or in part,
upon, along , or over any portion of a roadway.
(b) No newsrack shall be installed , used or maintained
which in whole or in part rests upon, in or over any
sidewalk, parkway, required front yard setback, or when: ( i)
such installation, use or maintenance endangers the safety
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of persons or Property; ( ii) such site or location
interferes with public utility purposes, public
transportation purposes or other government use; ( iii) such
newsrack unreasonably interferes with or impedes the flow of
pedestrian or vehicular traffic, the ingress into or egress
from any residence, place of business, or any legally parked
or stopped vehicle; ( iv) it interferes with the use of or
access to poles, posts, bus benches or shelters, traffic
signs or signals, signal control boxes, hydrants, mailboxes,
or other objects permitted at or near said location; (v)
such newsrack interferes with the cleaning of any sidewalk
or roadway by the use of mechanical cleaning machinery; or
(vi ) the installation intrudes into required landscaped _yard
setbacks.
(c) No newsrack may be placed within a front yard
setback when the same is required by zoning.
(d) No newsrack which in whole or in part rests upon,
in or over any sidewalk or parkway or elsewhere, shall be
placed , installed or maintained :
( i ) Within 3 feet of any marked or unmarked
crosswalk being the extension of sidewalk;
(i i ) Within 3 feet of any curb face;
( iii) Within 1.0 feet of any fire hydrant, traffic
signal box, fire call box, police call box or other
emergency facility;
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( iv) Within 5 feet of anv driveway;
(v) Within the parkway adjacent to a designated
bus stop unless it is behind a bus bench or shelter;
(vi ) Within 3 feet of a bench or bus shelter
existing outside of a designated bus stop, unless it is
behind the bench or shelter;
(vi i) At any location whereby the unobstructed
sidewalk passageway of pedestrians is reduced to less
than three-fourths ( 3/4 ) of the sidewalk width for
sidewalks 12 feet wide or less, or to a minimum of 10
feet where sidewalk width exceeds 12 feet. where this
provision precludes the placement of newsracks on the
face of a block, a distributor may rectuest prior
approval to construct a concrete pad at its expense in
a grass parkway near the corner as part of its
registration application. No work can be done until
the registration certification occurs and registrant
obtains a permit to work in the publicway under Title
41 from the City Engineer;
(viii ) Within 3 feet of any area improved with
lawn (excluding grass parkways) , flowers, shrubs,
trees, or landscape planters, etc. ;
( ix) Within 3 feet of any display window of any
building abutting the sidewalk or parkway or in such
manner as to impede or interfere with the reasonable
use of such window for display purposes;
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(x ) Which is not located on haresurfacing;
(xi ) Within 50 feet of another newsrack
containing the same publication; and/or
(xii ) Which encroaches or overhangs into a
required front yard setback.
(e) Newsracks shall only be placed toward the curb (or
curbside of a sidewalk) or adl iacent to the wall of a
building and the latter is preferred where available and
appropriate. Newsracks placed adjacent to the wall of a
building shall be parallel to and within six inches of the
wall. r'o newsrack shall he placed or maintained on a
sidewalk or parkway opposite a registered newsrack.
( f) If the standards herein can be maintained at an
approved newsrack location, newsracks may be placed side by
side or voluntarily attached to one another. However no
more than 3 newsracks, whether so attached or placed side by
side, may be registered at the same newsrack location. For
spacing purposes, see Section 20-39-3 (1 ) .
(g) No newsrack location shall be located within 100
feet of another registered newsrack location on the same
face of a block.
(h) Fach newsrack shall be maintained in a clean, neat
and attractive condition and in good repair at all times.
Newsracks suffering vandalism, damage or which are in need
of paint are neither neat nor attractive.
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( i) Every person who places or maintains a newsrack on
the streets of the City shall have his name, address and
telephone number affixed thereto in a place where the
information can be easily seen. Additionally, the newsrack
must display the City ' s registration sticker for the
location on the price plate ( face plate) or pedestal.
Replacement stickers may be obtained from the City at cost
as needed for newsracks that are repaired or replaced. The
stickers will not exceed 8 square inches in size.
(j ) No person shall sell , offer for sale, advertise or
display, keep or maintain in any newsrack any newspaper_ or
other publication which is prohibited by State laws or the
ordinances of the City from the sale or distribution to
minors.
(k) Tentative assignment of registered locations. The
Planning Director shall review registrations , make tentative
assignments of locations conforming to the criteria of this
Chapter, and map the same. Outside the Expanded CLAD, after
the initial transition period where priority shall be given
to existing newsracks, priority will be on a_ first come
first served basis. In the event registrations compete, the
date of City' s receipt of the fees and completed
registration form shall govern. For assignment in the
Expanded CLD see Section 20-39-5.
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(1 ) Where structures in residential zones house legal
nonconforming business uses, the placement and registraton
of newsracks abutting or closely paralleling the structure' s
exterior walls shall be allowed . Such placement is deemed a
diminimus expansion of the nonconforming use; provided the
newsrack also complies with the general standards set forth
above in this section. However, this restricted accommoda-
tion relating to allowing newsracks to abut exterior walls,
shall not be interpreted to allow a newsrack to be located
in a landscaped setback existing in front of the
nonconforming use, nor in the sidewal.1- or parkway across
from the structure.
Sec. 20-39-5. Pxpanded CPD Standards for Newsrack
Specifications, Placement and Installation. Notwithstanding the
provisions of Section 20-39-4 , newsracks outside buildings within
the Expanded CBD must also comply with additional specifications
of construction herein, and be located in approved newsrack
locations complying with the following regulations as to time,
place and manner:
(1 ) Construction Specifications. within the Expanded CBD,
newsracks outside of buildings shall be of the fixed pedestal
type of a flat black color according to specifications of the
Planning Commission as illustrated in that diagram attached
hereto as Exhibit 1 . Exhibit 1 and all other exhibits designated
in this ordinance are incorporated herein by reference and are
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attached to the original retained by the rit Recorder. The City
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Recorder shall retain 3 copies of all exhibits on file for public
reference but the ordinance shall_ be published without the
attachments.
(2 ) Placement at designated location.
(a) In addition to aeneral standards of Section 20-39-
4 applicable to public and lnrivate property, newsracks
within the street in the Expanded CBD shall be located onlv
at those designated locations illustrated on Exhibit 2
attached and incorporated by reference. On each ten acre
block in the Expanded CBD, no more than 4 locations shall be
designated on each side of a street. No more than 3
newsracks shall be allowed at each location.
(b) Newsracks containing the same publication may not
be located within 50 feet of each other, whether on private
or public property.
(c) Of the 3 newsracks spaces available for assignment
in the street at each of the 4 designated locations per
block face, 1 newsrack space shall be reserved as a pool for
non-daily registrants, and 2 shall be reserved for daily
publications.
(d ) Original assignment and renewals.
( i) Tentative assignments of registered spaces on
initial or original registrations shall be made from
available locations by the Planning Director who shall
map registered newsracks for easy reference.
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( ii) Prioritization. In the event there is a
conflict between eligible newspapers seeking the same
space at an approved location and there are
insufficient spaces from the reserved pools to
accommodate requests, the Planninq Director shall
assign locations guided by the following priorities:
(aa) A transition priority shall he given to
publications with newsracks at designated
locations as of September 8g 1983 , the date of the
public hearing of this ordinance; thereafter
(bb) First priority shall he given to
newsracks used for the sale of newspapers of
general circulation for Galt Lake County which are
published daily, being at least five times per
week.
(cc) Second priority shall he given to
newsracks used for the sale of newspapers which
are published daily, at least 5 times per week,
which are not newspapers of general circulation.
(dd) Third priority shall. be coven to
newsracks used for the sale of weekly
publications, being published at least once but
less than 5 days per week.
(ee) In the event there are eligible
publications of the same priority competing for
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original registrations of the same newsrack spaces
at approved locations, the Planning Director shall
assign available spaces giving priority in the
following order to : (1 ) The earlier date of the
completed registration form; ( 2 ) The highest
comparative average daily circulation within Salt
Lake City; and (3 ) The higher number of
publications per week.
( 3 ) Registration renewal of newsrack locations on public
property. Original registrations of newsracks on public property
in the Expanded CED may he annually renewed upon application by
payment of fees for up to 5 consecutive years for a total of 6
years accompanied with submission of a recent dated photograph to
verify proper placement. Registration renewal should be
certified by the Planning Director, without referral to Traffic
Engineer or City Engineer unless there is violation of the terms
of the registration, ordinance, or other just cause. Any
registration which is not renewed annually by February 1st, shall
expire, subjecting the newsrack to removal and the space to
availability for reassignment. After January 30, Licensing shall
send notice to registrants which have not applied for renewal ,
giving each at least 10 days written notice to renew or remove
the rack , and the availability .for reassignment of anv unrenewed
newsrack spaces. After February 15, Licensing shall inform the
Planning Director and former registrants of the unrenewed
newsrack spaces which have expired.
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(4 ) Installation. Upon registration certification,
newsracks may be permanently fixed pursuant to specification from
the City Fnaineer, subject to the terms of the registration
agreement.
( 5) Relief from localized saturation and adjustment for
newcoming daily newspapers. (a) Within a 500 foot radius
(reasonable walking distance) of any qiven intersection in the
Expanded CBB, in addition to a pool of 24 spaces reserved for
nondailies, there should be a minimum 000l for daily newspapers
of up to 48 newsrack spaces at 24 locations within the public
right of way, Pxcltiding additional newsracks outside or inside
building on private property. Said number should be more than
adequate to provide reasonable access to neu7snapers of daily
circulation. Saturation of all available spaces by daily
newspapers is likely to occur only: ( 1 ) at a relatively few
localized areas with special marketing attractions; and (2 )
unless the high number of spaces available are registered by the
relatively few eligible daily newspapers in multiple locations
maximizing their marketing sites.
In order to provide reasonable access while achieving the
public objectives of nonproliferation and disbursal , saturation
shall be addressed , not by increasing the number of spaces, but
by reassignment thereby red ucinq the number of multiple racks
held by a single publication.
(b) Saturation at a given intersection shall be deemed to
occur if every newsrack space available for the pool of daily
newspapers on the public right of way within a 500 foot or
saturation radius of any given intersection is registered. In
the event such saturation at a given intersection precludes a
newcoming newspaper of daily circulation from obtaining at least
one newsrack, it may apply to the Planning Commission for relief
by reassignment; provided : ( i ) it has no newsracks on private or
public property within the saturation radius; ( ii ) multiple
registered newsrack spaces within the saturation radius are held
by individual daily publications; and ( iii) the newcomer is
willing to pay the registration holder for: the expense of
physically removing the registered rack, and the current
registration fee.
(c) Upon receipt of such a request, the Planning Commission
may then require the daily publication holding the highest number
of registered newsracks on the public right of way within the
saturated radius to relinauish one space of the registrant ' s
choosing for reassignment to the newcomer. If it fails to
identify its selection. , the choice shall be made by the Planning
Commission . If so required , the registrant shall be responsible
to remove the newsrack on the reassigned location within 30 days,
or be subject to involuntary removal tinder the rules provided by
Section 20-39-7 (1 ) and (3 ) . The hearing at which the Commission
acts shall constitute the pre-removal hearing afforded by the
ordinance.
(d ) In order to consider such a request for relief., the
newcomer 's request must be submitted to the Planning Commission
and considered in a public meetina of which written notice to all
registrants within the designated saturated radius is mailed at
least 10 days prior to the hearing. Such written notice shall
identify the three registrants holding the highest number of
multiple newsrack spaces within the public way of the saturation
radius and advise them to appear and be prepared to select a
newsrack to be relinauished or forfeit that selection to the
Planning Commission. As between registrants that tie for the
highest number of newsracks, the Planning Commission shall draw
by chance.
Sec. 20-39-6. Registration.
( 1) Filing reauests to register. rTewsracks regulated by
this chapter shall be filed with Licensina on a reaistration
agreement form provided by the City prior to or within 2 weeks
after the placement of newsrack, or in the case of existi.na
newsracks, within 6 weeks after the effective date of this
ordinance.
( 2 ) Informati.on. The information to be supplied by the
applicant shall include the following:
(a) The name, address, telephone number and current
business license of the registrant.
(b) The name of the publication( s) to he distributed
from each newsrack. Additionally, if the registration
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includes newsracks on the streets in the Expanded CBD, the
type of publication, the number of times published per week,
its average circulation number per publication in Galt Labe
City and the assignment priority claimed.
(c) A photograph or diagram reflecting the size,
color, weight and other details or specifications of
construction and appearance together with a description of
the method proposed for securing.
(d) The location of each newsrack proposed for
registration must be identified as to:
( i) If it is within the Expanded CBD.
( ii) If it is on public or private property; if
private, disclosure of the private property owner or
agent granting permission for placement.
( iii) A scaled site plan, or a photograph with a
measurement for scaling, showing the newsrack' s
relationship to other existing structures or street-
scape improvements in the immediate vicinity, to verif.v
conformance.
(3 ) Processina fee. A non-refundable registration fee of
$5.00 per requested newsrack shall accompany the initial
registration form and annual renewals to offset the adminis-
trative expense of registration and regulation. All registrants
subject to registration under this title shall have current
business and/or other applicable licenses.
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(4 ) Administrative Review. Licensina shall refer all
initial and renewal registrations for review as follows:
The Planning Department shall review it for compliance with
zoning restrictions and provisions of this ordinance and make
tentative assignments for locations as provided herein. If the
Planning Director finds any newsrack does not conform to the
ordinances, the Director may deny certification of the particular
newsrack(s) or may make a tentative assignment conditioned upon
correcting adjustments of a minor nature. Certification for
conditional assignments shall not be issued, until the
corrections are made and may be denied after 10 days written
notice and continued nonconformity. Conforming newsracks shall
be given tentative assignment. The Director's decision shall be
final unless appealed in writing to the planning Commission
within 30 days with a r.eauest for a hearing. Such hearings shall
be held within 30 days of the request. Registrations receiving
original location tentative assignments that involve ruhlic
property shall be forwarded to the Traffic Engineer for review of
placement and to the City Engineer for specification of proposed
securing and returned to Planning. Registrations involving
private property shall be referred directly to hack Licensing .
Registrations not certified or denied within 60 days shall be
deemed certified .
Registrations receiving favorable review shall be returned
by Planning to Licensing for certification and issuance of
registration stickers.
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Timely registration renewal applications receiving favorable
review from the Planning Director may be referred directly to
Licensing unless the Director desires additional departmental
review.
( 5) Nontransferability. Newsrack registration shall be
valid only for the newsrack, space, location, and publication
specified . Registration and renewals shall be personal and are
not transferable in any manner to other locations, publications
or registrants.
(6 ) Registration agreement. Registration certification
shall be valid for a calendar year period ending December 31.
Reaistration does not grant registrant any property rights
whatsoever, and registrant 's use of public property is subject to
termination and subordinate to uses of the public_ property when
the City determines those needs are incompatible with maintenance
of the newsrack or that readjustment is required for saturation
under 20-39-6 (5 ) . If a registration is terminated for public
need , the registrant may be given the opportunity to reinstate
the location if it becomes available within the same calendar
year. The registrant shall indemnify the City from any and all
claims arising out of the use of public property related to the
placement, installation, use, maintenance, or removal of
newsracks, and insure the City against any and all related
liability.
Sec. 20-39-7. Newsrack violations.
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(1) If any newsrack is found to be in violation of the
provisions of these ordinances, including an expired
registration, a Notice or citation stating : the violation; date
of violation(s) ; the City's intention to remove the newsracks if
the violation is not corrected or if a hearina is not requested
within 10 days of the Notice; that upon removal , the location
shall be available .for reassignment; and the procedure for
obtaining an appeal hearinq before the Planning Director, if.
desired . A request for an appeal shall stay removal . Said
Notice shall be delivered or mailed postage prepaid to the
registrant at the address listed on the registration. If the
newsrack is not registered , notice shall be sent to the address
listed on the newsrack and if none, to the publisher. If an
appeal hearing before the Planning Commission is requested, it
shall be scheduled to provide the registrant 10 days notice,
unless a shorter time is agreed to by the registrant.
(2 ) Alternatively, where a violation involves a newsrack on
public property that is improperly positioned or secured , which
can easily be remedied upon the site, the City may x)hvsically
move, realign, remove such attachment or otherwise move such rack
or racks upon public property in order to restore them to a legal
condition. The City shall then send a notice of the violation
and the corrective measures taken to the registrant, or to the
responsible party indicated upon any unregistered newsrack. If
the newsrack is unregistered and bears no name of a responsible
party, the notice shall be sent to the publisher.
-24- @
•• r
3
(3 ) Any newsrack, which has been the subject of a violation
notice mailed or delivered to the registrant and which remains in
violation of the provisions stated on the notice past the 10 Oav
correction period and for which no hearing has been requested ,
shall be removed by the City and stored in a convenient place.
Upon removal, the location shall be available for reassignment.
The City shall notify the owner or registrant thereof by mailina
a "Notice of Removal" to the last known address of the owner as
described in (1 ) above. Such notice shall state the date the
newsrack was removed, the reasons therefore, the location and
procedure for claiming the newsrack, and the procedure for
obtaining a post-removal hearing before the Planning Director, if
desired . Any such newsrack so removed and stored pursuant to
these provisions shall be released to the owner thereof. , if
claimed within 45 days after such removal and upon the payment of
reasonable charges of removal and storage therefore. Upon
.failure of the owner to claim such newsrack and pay the
reasonable charges within 45 days after the mailing of the
written notice of removal , such newsrack shall he deemed to be
unclaimed property in possession of the police department, and
may be disposed according to ordinance.
Sec. 20-39-8. Transition implementation. Newsracks which
are in place outside of the Expanded CBD or are on private
property inside the Expanded CPD prior to the effective date of
this ordinance which do not conform as to color, construction or
-25-
@
location shall have a grace period through the end of 1985 in
which to comply with all provisions of this ordinance and
register. Fxisting newsracks on public property in the Expanded
CBD shall have a grace period of 6 weeks from the effective date
of this ordinance in which to comply and register. . For the
remainder of 1985, such non-registered newsracks on public
streets in the Expanded CBD shall not be subject to enforcement
for non-conforming features, but non-registered newsrack spaces
at designated locations shall be available for assignment under
Section 20-39-5. As an incentive in 1985, the City shall waive
the registration processing fee.
Sec. 20-39-9. Severability. If any provision , clause,
sentence or paragraph of this ordinance or the application
thereof to any person or circumstance shall be held to be
invalid , illegal or unconstitutional , such cause shall not affect
the other provisions or applications of this ordinance which can
be given effect independently from the invalid provision or
application. To this end the provisions of this ordinance are
hereby declared to be severable.
SECTION 3. That Section 51.-21-1 of the Revised Ordinances
of Salt Lake City, Utah, 1965 as amended, relating to permitted
uses with the Neiahborhood Business "B-3" use district classifi-
cation, be, and the same is hereby amended by ADDING a new (12 )
relating to newsracks, to read as follows:
Sec. 51-21-1 . Use Regulations.
-26-
(12 ) Newsrack vending machines, provided they are not
located in any required landscaped front yard setback, and also
comply with chapter 39 of title 20 of these ordinances.
SECTION 4. EFFECTIVE. This Ordinance shall become
effective 30 days after the date of its first publication.
Passed by the City Council of Salt Lake City, Utah,
this 5th day of February , 1985.
CHAIRM
ATTEST:
C R,E R R
2/5/85
Transmitted to the Mayor on
Mayor 's Action: 2/8/85
YOR
ATTEST:
i
C T R71PBER
cm105
(SEAL)
8i11 6_ Of 19 85_
Published: sepsis on February 22, 1985
-27-
EXHIBIT 1
EXPANDED CENTRAL BUISNESS DISTRICT
ti
CUR?=
EMPTY WEIGHT NOT TO EXCEED 265 POUNDS i
COLORS LIMITED TO FLAT BLACK
FOR PLACEMENT ON STREET SEE ORDINANCE i
I!
ALTERNATIVES OUTSIDE EXPANDED CENTRAL BUISNESS DISTRICT
fm
n I
curb
Pa- oft
sidewalk
-FRONT VIEW - -
UNOBTRUSIVE NEUTRAL COLORS ( GRAY BLACK BROWN ) TO BLEND 1 T EETSCAPE I
vdJ
EXHIBIT 2
EXPANDED CENTRAL BUISNESS DISTRICT
� -
d
a
Mtn
TAM
bus sholtar
i
i
1
1
1 ,
1
bus shsltar
1 bus sholtor
i
1 �
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1 ;
1 ,
/
n — 4—
�ODDOO�Q� -- -- � • i
0 1= C
a » c Q I
c
O C7 C=
bus shelter
I
1
1
GENERAL PATTERN FOR A SAMPLE BLOCK TO BE REFINED
AS APPLIED TO EACH SPECIFIC BLOCK
i
%fidavit of Publicati n ADM 35A
STATE OF UTAH,
ss.
County of Salt Lake
.......Chevy,1,Gierlof ...........................................................
legal Ndfit� Being first duly sworn, deposes and says that he/she is
s r�SY SIS� legal advertising clerk of the DESERET NEWS, a daily
,.. : ';,' newspaper printed in the English language with general
The' la��%1A'C-r��a(ts circulation in Utah, and published in Salt Lake City,
Febr y 5; iogh Meeting Salt Lake County, in the State of Utah.
Inl g e R Vg Csed ncesna'
Sall+L4k:!'•�H1+;'"•VM465 as
arnef�dgd,rew(inp.m.Ime vagina- That the legal notice of which a copy is attached hereto
dons,of pieaysratks, V'am u a
Ing S V.
riw rw to
an exceptloh or new racks
from � prohlbNion• at,_s11
octuddtion�In the downtown .._._ 5,y110psis o f Salt Lake City„Ordinance No. 6 of
area.bY'amending,Tflle 20 by ...... ..
adding Charter 39 relating to
regulations applicable tb news-
me racks,anqN
nding section .V'c1Cks5........................................................
Socks-s rt topermittedness°B-3" Dis.
a (12) relating to
news'radcs.,
Copies of the.ordinance are .............................................................................................
available for viview,lp'the
Rec
T�hero::re(w)afloo redalr req s-
CRY arpq bu*ln ou dur ............................................................................. ..
tratlQW.> tgin,,two weeks?
n@tlrsrraek co�ir s ecciified• .............................................................................................
tkpnffi.r' a Z$§ locations.
GeneY-01-standar ddppppI City
wide°00(�0_491 sa�sticatlons+
and qdiu f)Rgdw)glmbq.. of 9p• was published in said newspaper on
pr v@ fiyns`g, bpi3d�s`
8 }iin f 6nde 1
b �E hall, February 22, 1985
ETh d a4pitfect ........... .. ..... ..............................................................
3o daVa pubuc o
(0.0 Il9AAce k
R})BLI511i11E( e
/1+7. ........................................... A. /(:.?� ..........` .............
Leg�A vertisi lerk
Subscribed and sworn to before me this ........................4 h...................................... day of
j?xi a .................................... A.D. 19A.5 ....
%.. .. .................................................
Notary Public
My Commission Expires ^y� .
Maxch 1, 1988v�-
All
; .
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