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062 of 2001 - enacting a temporary moratorium prohibiting the acceptance of applications for or approval of certai 0 01-1 0 01-25 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 .f fr 0 •A 4* .1 I Bill No. 62 of 2001. ;,'' 9(11 li i Published: 9-19-01 r ' `4,z * I I h—tc... .t•-,,.-41,',7\-::.> , 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.