095 of 1993 - Amending Chapter 21.92 and Enacting Chapter 21.93 regulating Billboards 0 93-1
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SALT LAKE CITY ORDINANCE
No. 95 of 1993
(Amending Chapter 21 . 92 and
enacting Chapter 21 . 93 regulating Billboards)
AN ORDINANCE AMENDING CHAPTER 21 . 92 AND ADOPTING CHAPTER
21 . 93 OF THE SALT LAKE CITY CODE REGULATING BILLBOARDS.
WHEREAS, after hearing before its own body and the Planning
Commission the City Council makes the following findings :
1 . The City' s regulation of off-premises advertising signs
commonly known as Billboards must be consistent with the
provisions of the Section 10-9-408, Utah Code Annotated;
2 . The City' s regulation must sensitively balance between
whatever protections may attach to Billboards pursuant to the
Constitutions of Utah or the United States against the City' s
legitimate governmental interests, including aesthetics and
traffic safety, and the City' s authority to regulate the time,
place and manner of the communication of expressive and
commercial speech to protect legitimate City interests;
3 . The current zoning regulations of the City regarding
Billboards do not implement City master plans for the protection
of gateways, do not provide incentives to relocate non-conforming
Billboards, nor properly space Billboards for efficient,
aesthetic, traffic safety or economic reasons;
4 . Recent changes in Utah statutes have required the City
to make modifications to its Billboard regulations in order to
advance the City' s long range planning goals concerning Non-
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Conforming Billboards;
S . The regulatory options reviewed and forwarded by the
Planning Commission Task Force Subcommittee carefully balance the
economic value, land use objectives and aesthetic goals of the
City for the regulation of Billboards;
6 . Salt Lake City has many alternative means of
communicating commercial and expressive messages including five
commercial television stations, one public television station,
numerous radio stations, two major daily newspapers, alternative
newspapers, bus-board advertising and other potential exists such
as direct mail and telemarketing;
7 . The City' s proposed Billboard regulations do not
differentiate between commercial and non-commercial speech and
are completely content neutral;
8 . The existing Billboard distribution within the City is
not consistent with the City' s master plans, aesthetic interests
and other goals;
9 . Generally, Billboard sites located in residential or
neighborhood business areas are not maintained to the level of
quality of surrounding properties;
10 . The Billboard industries' desire to have complete
geographic distribution within Salt Lake City is incongruent with
the master plan and zoning policies of the City;
11 . Restricting new Billboards to certain limited
commercial and industrial zoning districts is appropriate for the
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type and scale of land uses involved; and
WHEREAS, the City Council finds that the adoption of Chapter
21 . 93 is in the best interest of the City;
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1 . That Chapter 21 . 92 of the Salt Lake City Code
relating to signs be, and the same hereby is, amended to read as
follows :
* * *
21. 92 .495 B-3 business district.
Signs in the B-3 business district are subject to the
regulations set forth in Articles V and VI of this chapter, and
the additional requirements as follows :
A. Allowable Signs. Signs in the B-3 business district
shall be limited to the following:
1 . All signs allowed in residential districts, as
specified in Article IV of this chapter;
2 . On-premises business signs;
B. Height Limitations. The maximum height of an on-
premises ground sign of any type shall be twenty-five feet . The
height of the sign shall be measured from the grade of the front
property line or sidewalk, whichever is lower, but in no instance
shall the height of any sign exceed twenty-five feet .
C. Side Yard Required. * * *
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21 . 92 .500 C-1 commercial district.
Signs in the C-1 commercial district are subject to the
regulations set forth in Articles V and VI of this chapter, and
the additional requirements as follows :
A. Allowable Signs. Allowable signs in the C-1 commercial
district shall be limited to the following:
1 . All signs allowed in residential districts as
specified in Article IV of this chapter;
2 . On-premises business signs;
B. Height Limitation. The maximum height of an on-
premises ground sign of any type shall be twenty-five feet . The
height of the sign shall be measured from the grade of the front
property line or sidewalk, whichever is lower, but in no instance
shall the height of any sign exceed twenty-five feet .
C. Front Yard Setback Required. A front yard setback of
at least fifteen feet is required. On-premises ground signs and
projecting signs may project a maximum of six feet over the
required front yard area but in no case shall any such sign or
its projection project over the front property line .
D. Side Yard Required.
E. Auto-rental Agencies.
21.92 .505 C-2 commercial district.
Signs in the C-2 commercial district are subject to the
regulations set forth in Articles V and VI of this chapter, and
the additional requirements as set out in this section.
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A. Allowable Signs. Allowable signs in this district
shall be limited to the following:
1 . All signs allowed in residential districts, as
specified in Article IV of this chapter;
2 . On-premises business signs;
B. Height Limitations. The maximum height of an on-
premises sign of any type shall be thirty feet . The height of
the sign shall be measured from the grade of the front property
line or sidewalk, whichever is lower, but in no instance shall
the height of any sign exceed thirty feet .
C. Front Yard Setback Required. A front yard setback of
at least fifteen feet is required. On-premises ground signs and
projecting signs may project a maximum of six feet over the
required front yard but in no case shall any such sign or its
projection cross the front property line .
D. Side and Rear Yard Regulations.
E. On-premises Ground Signs.
21. 92 . 510 C-3 commercial district.
Signs in the C-3 commercial district are subject to the
regulations set forth in Articles V and VI of this chapter, and
the additional requirements as set out in this section.
A. Allowable Signs. * * *
B. Front, Side and Rear Yards Required.
C. Height Limitation. The maximum height of on-premises
ground signs shall be sixty-five feet . The height of the sign
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shall be measured from the grade of the front property line or
sidewalk, whichever is lower, but in no instance shall the height
of such on-premises sign exceed sixty-five feet .
21. 92 .515 C-3A commercial district.
Signs in this district are subject to the regulations set
forth in Articles V and VI of this chapter, and the additional
requirements set out in this section.
A. Allowable Signs. Allowable signs in the commercial C-
3A district shall be limited to the following:
1 . All signs allowed in residential districts, as
specified in Article IX of this chapter;
2 . On-premises business signs .
B. Height Limitations. The maximum height of an on-
premises sign shall be thirty-five feet . The height of a sign
shall be measured from the grade of the front property line or
sidewalk, whichever is lower, but in no case shall any sign
exceed thirty-five feet .
C. Front Yard Setback Required. A front yard setback of
at least fifteen feet is required. On-premises ground signs and
projecting signs may project a maximum of six feet over the
required front yard area but in no case shall any such sign or
its projection cross the front property line .
D. Side Yard Required.
* * *
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21 . 92 .525 M-1 industrial district.
Signs in the M-1 industrial district are subject to the
regulations set forth in Articles V and VI of this chapter, and
the additional requirements set out in this section.
A. Allowable Signs. * * *
B. Front, Side and Rear Yards Required.
C. Height Limitation. The maximum height of on-premises
ground signs shall be sixty-five feet . The height of the sign
shall be measured from the grade of the front property line or
sidewalk, whichever is lower, but in no instance shall the height
of the sign exceed sixty-five feet .
21. 92 .530 M-1A industrial district.
Signs in the M-lA industrial district are subject to the
regulations set forth in Articles V and VI of this chapter, and
the additional requirements set out in this section.
A. Allowable Signs. Allowable signs in this district
shall be limited to the following:
1 . All signs allowed in residential districts as
specified in Article IX of this chapter;
2 . On-premises business signs;
B. Front Yard Setback Required. * * *
C. Side and Rear Yard Requirement. * * *
D. Height Limitation. The maximum height of on-premises
ground signs shall be sixty-five feet . The height of the sign
shall be measured from the grade of the front property line or
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sidewalk, whichever is lower, but in no instance shall the height
of the sign exceed sixty-five feet .
21. 92 . 535 M-2 industrial district.
Signs in the M-2 industrial district are subject to the
regulations set forth in Article V and VI of this chapter, and
the additional requirements set out in this section.
A. Allowable Signs. * * *
B. Front, Side and Rear Yards Required.
C. Height Limitation. The maximum height of on-premises
ground signs shall be sixty-five feet . The height of the sign
shall be measured from the grade of the front property line or
sidewalk, whichever is lower, but in no instance shall the height
of the sign exceed sixty-five feet .
21 . 92 .540 M-3 industrial district.
Signs in the M-3 industrial district are subject to the
regulations set forth in Articles V and VI of this chapter, and
the additional requirements set out in this section.
A. Allowable Signs. * * *
B. Front, Side and Rear Yards Required.
C. Height Limitation. The maximum height of ground signs
shall be sixty-five feet . The height of the sign shall be
measured from the grade of the front property line or sidewalk,
whichever is lower, but in no instance shall the height of the
sign exceed sixty-five feet .
* * *
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SECTION 2 . That Chapter 21 . 93 is hereby enacted to read as
follows :
CHAPTER 21. 93
BILLBOARDS
Part I• General .
Section 21. 93 .010 Purpose.
This Chapter is intended to limit the number of Billboards
in Salt Lake City to the maximum of the current number. This
Chapter further provides reasonable processes and methods for the
replacement or relocation of existing non-conforming 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 .
Section 21. 93 . 020 Definitions.
A. Billboard. "Billboard" means a free standing 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.
B. Billboard Bank. "Billboard Bank" means an accounting
system established by the City to keep track of the number and
square footage of Non-Conforming Billboards removed pursuant to
this Chapter.
C. Billboard Credit . "Billboard Credit" means an entry
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into a Billboard Owner' s Billboard Bank account that shows the
number and square footage of a demolished Non-Conforming
Billboard.
D. Billboard Owner. "Billboard Owner" means the owner of
a Billboard in Salt Lake City.
E . Existing Billboard. "Existing Billboard" means a
Billboard which was constructed, maintained and in use or for
which a permit for construction was issued as of July 13 , 1993 .
F. Gateway. "Gateway" means the following streets or
highways within Salt Lake City:
1 . Interstate 80 ;
2 . Interstate 215;
3 . Interstate 15;
4 . 4000 West;
5 . 5600 West;
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; and
13 . North Temple from Main Street to Interstate 80 ;
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14 . Main Street from North Temple to 2100 South
Street; and,
15 . State Street from South Temple to 2100 South.
G. New Billboard. "New Billboard" means a Billboard for
which a permit to construct is issued after December 31, 1993 .
H. Non-Conforming Billboard. Non-Conforming Billboard
means 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.
I . Special Gateway. "Special Gateway" means 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;
4 . Main Street between 600 South and 2100 South.
J. Temporary Embellishment . "Temporary Embellishment"
means an extension of the billboard resulting in increased square
footage as part of an artistic design to convey a specific
message or advertisement .
Section 21. 93 . 030 Limit on total number of Billboards.
No greater number of Billboards shall be allowed in Salt
Lake City than the number of Existing Billboards .
Part II : Removal of Non-Conforming Billboards.
Section 21. 93 . 040 Permit required.
A. Permit . Non-Conforming Billboards may be removed by
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the Billboard Owner only after obtaining a permit for the
demolition of the Non-Conforming Billboard.
B. Application. Application for demolition shall be on a
form provided by Zoning Administrator.
C. Fee . The fee for demolishing a Non-Conforming
Billboard shall be $50 . 00 .
Section 21. 93 . 050 Credits for Non-Conforming Billboard removal .
After a Non-Conforming Billboard is demolished pursuant to a
permit issued under Section 21 . 93 . 040 .A, 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 Non-Conforming Billboard. The account shall reflect
Billboard Credits for the Billboard and it' s square footage .
Demolition of a conforming Billboard shall not result in any
Billboard Credits .
Section 21. 93 . 060 Priority for removal of Non-Conforming
Billboards.
Non-Conforming Billboards shall be removed subject to the
following priority schedule :
A. Billboards in districts zoned Residential, Historic or
Commercial 11C-4 " shall be removed first;
B. Billboards in districts zoned Business "B-3" or on
Gateways shall be removed second;
C. Billboards which are non-conforming for any other
reason shall be removed last .
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D. A Billboard Owner may demolish Non-Conforming
Billboards of a lower priority before removing Billboards in a
higher priority; however, the Billboard Credits for removing the
lower priority Billboard shall not become effective for use in
constructing a New Billboard until two Billboards specified in
Section 21 . 93 . 060 .A, 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 Section 21 . 93 . 060 .A. Non-Conforming Billboards, two
Section 21 . 93 . 060 .B priority Billboards may be credited in the
Billboard Owner' s Billboard Bank Account to effectuate the
Billboard Credits of a Section 21 . 93 . 060 .0 Billboard to allow the
construction of a New Billboard. For the purposes of this
section, the two higher priority Billboards credited in the
Billboard Bank Account can be used only once to effectuate the
Billboard Credits for a lower priority Billboard.
Section 21. 93 . 070 Life of Billboard Credits.
Any Billboard Credits not used within thirty-six months of
their creation shall expire and be of no further value or use
except that lower priority credits effectuated pursuant to
Section 21 . 93 . 060 .D shall expire and be of no further value or
use within sixty months of their initial creation.
Section 21. 93 . 080 Billboard credits transferrable.
A Billboard Owner may sell or otherwise transfer a Billboard
and/or Billboard Credits . Transferred Billboard Credits which
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are not effective because of the priority provisions of Section
21 . 93 . 060, 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
month life provided in Section 21 . 93 . 070 .
Section 21. 93 . 090 Double face Billboards.
Demolition of a Non-Conforming Billboard that has two
advertising faces shall receive Billboard Credits for the square
footage on each face, but only as one Billboard.
Part III: Construction of New Billboards .
Section 21. 93 .100 New Billboard construction.
It shall be 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 the Salt
Lake City Code, the provisions of this Chapter shall prevail .
Section 21. 93 .110 Permitted zoning districts.
New Billboards may be constructed only in districts zoned
Commercial "C-3" and Manufacturing "M-111 , "M-2" and "M-311 .
Section 21. 93 .120 New Billboard permits.
A. Application. Anyone desiring to construct a New
Billboard shall file an application on a form provided by the
Zoning Administrator.
B. Fees . The fees for a New Billboard construction permit
shall be :
1 . Building permit and Plan Review fees required by
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the Uniform Building Code as adopted by the City; and
2 . Inspection Tag fees required by Section 21 . 92 . 305 .
Section 21 . 93 . 130 Use of Billboard credits.
A. 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.
B. 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 :
1 . the square footage of the New Billboard; and
2 . the number of Billboards whose square footage was
used to allow the New Billboard construction.
C. 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.
Part IV• Gateways
Section 21 . 93 . 140 New Billboards prohibited on gateways.
Except as provided in Section 21 . 93 . 150 , no New Billboard
may be constructed within 600 feet of the right of way of any
Gateway.
Section 21 . 93 .150 Special Gateway provisions.
A. If a Non-Conforming Billboard is demolished within a
Special Gateway, the Billboard Owner may construct a New
Billboard along the same Special Gateway in a zoning district
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equal to or less restrictive than that from which the Non-
Conforming Billboard was removed and subject to Part V.
B. The demolition of a Non-Conforming Billboard pursuant
to this section shall not accrue Billboard Credits . A permit for
the construction of a New Billboard pursuant to this section must
be taken out within 36 months of the demolition of the Non-
Conforming Billboard.
Part V• Size, Height and Spacing.
Section 21. 93 . 160 Maximum size.
The maximum size of the advertising area of any New
Billboard shall not exceed 15 feet in height and 50 feet in
width.
Section 21 . 93 .170 Temporary embellishments.
A. Temporary Embellishments shall not exceed 100 of the
advertising face of any Billboard, and shall not exceed five (5)
feet in height above the Billboard structure .
B. No Temporary Embellishment shall be maintained on a
Billboard more than 12 months .
Section 21. 93 .180 Height.
The highest point of any New Billboard, excluding Temporary
Embellishments shall not be more than:
A. 45 feet above the existing grade; or
B. If a street within 100 feet of the Billboard, measured
from the street at the point at which the Billboard is
perpendicular to the street, is on a different grade than the New
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Billboard, 25 feet above the pavement elevation of the street .
C. If the provisions of Section 21 . 93 . 180 .B. apply to more
than one street, the New Billboard may be the higher of the two
heights .
Section 21. 93 .190 Spacing.
A. Small signs . New Billboards with an advertising face
less than 300 square feet in size shall not be located closer
than 300 lineal feet from any other Billboard on the same side of
the street;
B. Large signs . New Billboards with an advertising face
greater than 300 square feet in size shall not be located closer
than 800 lineal feet from any other Billboard on the same side of
the street .
Part VI: Landscaping.
Section 21 .93 .200 Landscaping in Residential and Business "B-3"
zones.
Properties in any Residential zone and Business "B-3" zones
on which a Billboard is the only structure shall be landscaping
as required by Section 21 . 80 . 200 . No portion of such property
shall be hard or gravel surfaced.
Section 21. 93 .210 Landscaping in other zoning districts.
Property in all districts other than as specified in Section
21 . 93 . 200 , 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 50 lineal feet along the street
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frontage distributed, to the maximum extent possible, evenly on
each side of the Billboard.
Section 21.93 .220 Xeriscape alternative.
If all the properties adjacent to and across any street from
the property for which Billboard landscaping is required pursuant
to Section 21 . 93 are not developed or, if a waterline for
irrigation 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.
Section 21.93 .230 Existing Billboard landscaping.
Existing Billboards shall comply with the landscaping
provisions of this Part on or before January 1, 1996 .
Section 21. 93 .240 Compliance with Tree Stewardship Ordinance.
Construction, demolition or maintenance of Billboards shall
comply with the provisions of the Salt Lake City Tree Stewardship
Ordinance .
Part VII: Miscellaneous .
Section 21.93 .250 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.
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Section 21 . 93 .260 Special provisions.
A. Applicability. The provisions of this Section shall
apply to specified Billboards located:
1 . Four Existing Billboards in the Residential "R-2A"
district between 1500 North and 1800 North adjacent to the
west side of Interstate 15;
2 . One Existing Billboard in the Residential "R-5"
district on the east side of Victory Road at approximately
1100 North.
B. General Applicability. Except as modified by this
Section, all other provisions of this Chapter shall apply to the
five specified Billboards .
C. Special Priority. The five specified Billboards shall
be considered as Gateway Billboards for the purposes of the
priority provisions of Section 21 . 93 . 060 .
D. Landscaping. The five specified Billboards shall be
landscaped pursuant to the provisions of Section 21 . 93 . 210 .
SECTION 3 . This ordinance shall take effect on the date of
its first being published.
Passed by the City Council of Salt Lake City, Utah, this
7th day of December 19 93
�V
C A PERSO
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ATTEST:
CITYWC;Otfi 2�R
Chief Deputy
Transmitted to the Mayor on December 10, 1993
Mayor' s Action: X Approved etoed
CC-
MA
ATTEST:
Y RECORDER
Chief Deputy
•: s
(SEAL)
Pv
Bill No. 95 of 1993.
Published December 17, 1993
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