Article II. - Permits and Enforcement
Part of the Code of Ordinances of South Salt Lake, UT.
The text
17.08.210 - Sign Permit Required.#
A.
It is unlawful for any person whether acting as Owner, occupant or contractor, or otherwise to erect, construct, reconstruct, enlarge, locate or alter any Sign or change the text of any Sign within South Salt Lake contrary to any provisions of this Chapter or without first obtaining a Sign permit from the Community Development Department. No Sign shall be erected, constructed, reconstructed, located or altered until the plans for such Sign have been approved and a permit issued by the Community Development Department. Exempt Signs and Temporary Signs conforming to the provisions of this Chapter may be erected without such approval or permit.
B.
Any permit or license issued for Signs which are in conflict with the provisions of this Chapter shall be null and void whether or not the license or permit was issued by employees of South Salt Lake authorized to issue said permits or licenses.
C.
Permits shall be issued only to state licensed contractors unless specifically exempted by the state.
D.
The Community Development Department may require additional permits for specified construction elements such as electrical components, footings, unique construction methods and other such items as determined by the Community Development Department.
E.
All permits issued for Sign construction shall expire in ninety (90) days unless completed. No extensions may be granted. New Applications are required for Signs not completed in the required time. Billboards have differing requirements found in Article VI.
F.
Applications and permits are not transferable.
G.
The following changes shall not require a Sign permit. These exceptions shall not be construed as relieving the Owner of the Sign from the responsibility of its erection and maintenance in compliance with the provisions of this Chapter or any other law or ordinance regulating the same.
1.
The changing of the advertising copy or message of Signs specifically designed for the use of replaceable copy; or the changing of advertising copy or message where no electrical components or structural modifications are involved.
2.
Electrical maintenance, repainting or cleaning maintenance of a Sign.
3.
The repair of a Sign.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.220 - Revocable Sign Permit.#
A.
All rights and privileges acquired under the provisions of this Chapter permitting the erection or maintenance of marquees or Signs over sidewalks or public Rights-of-Way are mere licenses. They are revocable at any time without compensation with or without cause by the Community Development Department, whether or not such permits contain this provision.
B.
Notice of Revocation. If the Community Development Department elects to revoke such license, the Community Development Department shall give notice of such revocation to the permittee or Owner of the property on which the marquee or Sign is situated and shall afford such person a period of not less than ninety (90) calendar days within which to remove the marquee or Sign or to reconstruct it in such a manner that it does not extend over the public Right-of-Way.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.230 - Applications.#
A.
Applications for a Sign permit shall be on forms provided by the community Development Community Development Department and be accompanied by plans and information as required by the Community Development Department to appropriately review the Application for compliance with the requirements of this Chapter and other ordinances, rules or regulations.
B.
Applications shall be accompanied by the appropriate fees as set forth in the Consolidated Fee Schedule of the City. All such permit fees are considered Application fees and are not refundable but shall be applied toward the required permit fee if granted.
C.
Double Fee Required. In the event that work is started prior to obtaining a permit, the fee for a Sign permit shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this Chapter in the execution of the work, nor from any other penalties prescribed herein.
D.
Expiration of Application. An Application for which no permit is issued after sixty (60) days following the date of Application, due to inaction by the Applicant, shall expire. Applications and plans submitted may thereafter be destroyed by the Community Development Department. The Community Development Department may extend the time for action by the Applicant for a period not exceeding a total of ninety (90) days from the date of Application upon written request by the Applicant showing the circumstances beyond the control of the Applicant that have prevented action from being taken. In order to renew action on an Application after expiration, the Applicant shall resubmit plans and pay new fees.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.240 - Enforcement.#
A.
The Community Development Department shall be vested with the duty of enforcing these Sign regulations. In the performance of that duty, the Community Development Department shall be authorized and directed to perform the following:
1.
To issue permits to construct, alter or repair Signs which conform to the provisions of this Chapter.
2.
To ascertain that all Signs, construction, and all reconstructions or modifications of existing Signs are built or constructed or modified in conformance with the provisions of these Sign regulations and all other regulations incorporated herein by reference.
3.
To make inspections. The Community Development Department may make inspections at any stage of the construction process as deemed appropriate by the Community Development Department, including prior to footings being poured on a Detached Sign and upon the completion of construction, erection, re-erection or remodeling of any Sign for which a permit has been issued. The permit holder shall be responsible to schedule inspections with the Community Development Department. The Community Development Department may conduct an inspection of Signs at any time. If the Community Development Department finds any Sign which is in need of repair or violates any provision of this Chapter, the Community Development Department may take the necessary legal action, as specified in this Title, to bring the Sign into compliance.
4.
To issue citations and/or file complaints against violators of these Sign regulations.
5.
To perform abatement activities in accordance with the provisions of this Chapter.
6.
To remove Signs on public property or within Rights-of-Way.
B.
The Community Development Department may take any appropriate action or institute any proceeding in any case where any Sign is erected, constructed, reconstructed, altered, repaired, converted or maintained, or in any case where any Sign is used in violation of these Sign regulations or any other City ordinance.
C.
Notice of Violation. Except for Signs on public property or within Rights-of-Way and snipe Signs, notice of violation shall be given by written notice of violation sent by registered mail or delivered in person to the Owner of the property where the Sign is located or to the person having charge or control or receiving the benefit of any Sign found by the Community Development Department to be unsafe or dangerous or in violation of these Sign regulations or of any other City ordinance.
D.
Non-Maintained or Abandoned Signs. The Community Development Department may require each Non-Maintained or Abandoned Sign to be removed from the Building or premises when such Sign has not been repaired or put into use within thirty (30) calendar days after notice of non-maintenance or Abandonment is given. If such Signs are not removed within thirty (30) working days after the Community Development Department gives notice, the Community Development Department may abate and remove the Sign, and the Owner or person having charge, control or benefit of any such Sign shall pay to the City the costs incurred the same as established for an unsafe Sign.
E.
Unsafe or Dangerous Signs. A property Owner or occupant may not maintain or allow any Sign which is dangerous or defective on any premises he/she owns, occupies or controls.
If an unsafe or dangerous Sign is not repaired or made safe within five working days after the Community Development Department gives notice pursuant to this Chapter, the Community Development Department may abate and remove the Sign, and the person having charge, control or benefit of any such Sign shall pay to the City the costs incurred in such removal, including an administrative fee, as established in the Consolidated Fee Schedule of the City, and any legal expenses within thirty (30) calendar days after written notice is mailed to such person.
F.
Illegal Signs. If an illegal Sign is not brought into compliance with the provisions of these Sign regulations within thirty (30) working days after the Community Development Department gives notice, the Community Development Department may abate and remove the Sign, and the Owner or person having charge, control or benefit of any such Sign shall pay to the City the costs incurred the same as established for an unsafe Sign.
G.
Confiscation of Signs. The Community Development Department may immediately confiscate any Sign located on public property, sidewalks or within rights-of-way in violation of these Sign regulations or any other City ordinances. A Sign located on a sidewalk or in a public Right-of-Way is a nuisance per se and may be removed at any time without prior notice to the Owner.
1.
Confiscated Signs shall be stored at a location determined by the Community Development Department for a period of fourteen (14) days, during which time the Owner or person having charge, control or benefit of the confiscated Sign may redeem the Sign after payment of civil penalties as established in the Consolidated Fee Schedule of the City.
2.
The City shall be held harmless for any damages incurred to Signs as a result of their confiscation.
3.
In addition to civil penalties, Sign Owners and responsible persons shall be liable for any damages caused to public property, public facilities or public utilities by reason of the placement, attachment and/or removal of such unlawful Signs.
4.
Signs not redeemed within fourteen (14) days shall be deemed to be the property of the City and may be destroyed or otherwise disposed of by the City.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.250 - Nonconforming Signs (other than Billboards).#
A.
Moving, Extensions or Alterations.
1.
A Nonconforming Sign shall not be reconstructed, raised, moved, replaced, extended, altered or enlarged unless the Sign is changed so as to conform to all provisions of this Chapter.
2.
Alteration shall not include the changing of copy or panels containing copy so long as the Structure remains the same.
3.
Repair or maintenance shall not be considered an Alteration.
4.
Removal of portions of a Sign shall not be a violation of this Section if such removal brings the Sign more closely in compliance with the provisions of the Chapter.
B.
Termination of Nonconforming Signs shall be:
1.
By Abandonment. Abandonment of a Nonconforming Sign shall terminate immediately the right to maintain such Sign.
2.
By Violation of Ordinance. Any additional (besides nonconformance) violation of this ordinance or other City ordinances shall terminate immediately the right to maintain a Nonconforming Sign.
3.
By Destruction, Damage or Obsolescence. The right to maintain any Nonconforming Sign shall terminate and shall cease to exist whenever the Sign is damaged or destroyed from any cause whatsoever, or becomes obsolete or substandard under any applicable ordinance of the City to the extent that the Sign becomes a hazard or a danger.
4.
By Change in Status of the Property. Any of the conditions of Subsection C below shall result in loss of nonconforming status and subject the Sign to removal or changes to be brought into conformance.
C.
Compliance Required. A Nonconforming Sign shall be brought into conformance upon the occurrence of any one of the following:
1.
Any action that increases the Floor Area of the premises by more than twenty-five (25) percent.
2.
For a Lot located in a commercial or industrial district, any change in Use to a more intensive Use when a new certificate of occupancy is required.
3.
Any change in Use from a Nonconforming to a conforming Use.
D.
Any Nonconforming Sign erected or displayed prior to the effective date of this ordinance that is defined as a Temporary Sign under this Chapter shall be removed immediately upon notice by the Community Development Department.
E.
A special exception may be requested of the Planning Commission for unusual circumstances.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.260 - Nonconforming Billboards.#
A.
Moving, Extensions or Alterations.
1.
A Nonconforming Billboard shall not be reconstructed, raised, moved, replaced, extended, altered or enlarged except in conformance with Article VI of this Chapter.
2.
Alteration shall not include the changing of copy or panels containing copy so long as the Structure remains the same.
3.
Repair or maintenance shall not be considered an Alteration.
4.
Removal of portions of a Billboard shall not be a violation of this Section if such removal brings the Sign more closely in compliance with the provisions of the Chapter.
5.
Billboards nonconforming as to site requirements (Setbacks, heights, Landscaping, size, etc.) may be modified or relocated on site if such relocation or modifications brings the Billboard into compliance with the requirements of this Chapter.
B.
Termination of Nonconforming Billboards shall be after notice and a hearing as established by Utah Code Section 10-9a-213, as may be amended or replaced.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.270 - Violation/Penalty.#
A.
Any person, whether acting as Owner or occupant of the premises involved, contractor or otherwise, who violates or refuses to comply with any of the provisions of the Chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in this Title.
B.
Civil penalties, as established by the City Council in the Consolidated Fee Schedule, shall apply as set forth in this Chapter.
C.
A separate offense shall be deemed to be committed on each day an offense occurs or continues.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.280 - Appeals.#
Appeals of the orders, administrative decisions, or interpretations arising out of the provisions of this Chapter, and any request for variances to the standards of this Chapter, shall be to the as provided in this Title.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)