The text
17.08.510 - Purpose and Intent.#
It is the purpose and intent of this Section to limit the number of Billboards in the City in order to improve driver safety, avoid impediments to redevelopment and enhance aesthetics. This Article and Chapter provides for the reasonable regulation of Billboards with the following intentions: A.
Limiting negative impacts and providing for the protection of property values;
B.
Implementing goals and policies promoting pedestrian and traffic safety;
C.
Maintaining the desired gateway areas of the City;
D.
Protecting the views and vistas that enhance the City;
E.
Creating aesthetically pleasing Streetscapes, commercial districts and Freeway connections, and enhancing the aesthetics of existing Billboards;
F.
Encouraging business location;
Furthering the applicable elements of the City's General and Master Plans.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.520 - Cap.#
A.
The total number of Billboards allowed in the City shall be limited to the number of Billboards within the City legitimately in existence or for which permits were properly issued as of September 1, 2003.
B.
The total combined square footage of advertising area of all Billboards in the City shall be limited to the total combined square footage of advertising area of all Billboards within the City legitimately in existence or for which permits were properly issued as of September 1, 2003.
C.
The total combined height of all Billboards in the City shall be limited to the total combined height of all Billboards within the City legitimately in existence or for which permits were properly issued as of September 1, 2003.
D.
As the total number of Billboards, total combined square footage of advertising area of all Billboards and/or total combined height of all Billboards in the City decreases, the cap on the total number, total combined square footage of advertising area and total combined height of all Billboards within the City shall decrease correspondingly.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.530 - Permits.#
A.
Permits shall be required for all Billboard construction, including modifications, relocations and initial construction. Construction shall not commence without all required permits.
B.
Except as found in Subsection C of this Section, all permits issued for Billboard construction expire ninety (90) days after issuance. Renewals or extensions to issued permits shall not be allowed. Work not completed in the prescribed time frame requires a new permit.
C.
State Permits. If, in addition to a City permit, a state permit is required, the state permit must be obtained within one hundred twenty (120) days of issuance of the City permit or the City permit shall expire. The City permit shall expire ninety (90) days after the issuance of the state permit.
D.
Relocation of Billboards. Except for Billboards relocated by Conditional Use or provisions found in this Chapter, conforming and Nonconforming Billboards may be relocated only to sites within the City allowed pursuant to provisions of this Chapter and in compliance with all other restrictions in this Chapter. A Conditional Use permit may be granted by the Planning Commission following a public hearing to facilitate Development or redevelopment of a site. Prior to relocation of a Billboard, a permit to remove an existing conforming or Nonconforming Billboard must be obtained. A permit may be issued for construction of a Billboard at the relocation site only after completion of the removal of the existing Billboard.
E.
Permits Involving Modifications. To eliminate nonconformity, visual clutter and antiquated Billboards, existing Billboards may be modified in accordance with this Section.
1.
Conforming Billboards. Modifications to conforming Billboards shall be made consistent with the requirements of this Chapter. Consistent with the cap imposed on the total square footage of advertising area and Billboard height set forth in this Chapter, if the conforming Billboard is of lesser height and/or contains less advertising area than is allowed under this Chapter, the height or advertising area of the Billboard may be increased to the maximum limits allowable only in exchange for the elimination of a Nonconforming Billboard within the City or a corresponding reduction in square footage of advertising area and/or height of a Nonconforming Billboard within the City. In addition, if a Billboard Sign Owner removes a Nonconforming Billboard from a surface Street, the footage may be used to increase the size of a conforming or Nonconforming Billboard on the interstate provided that the modified interstate Billboard does not exceed six hundred seventy-five (675) square feet in size exclusive of Embellishments.
2.
Nonconforming Billboards. Modifications to Nonconforming Billboards may not increase the nonconformity with the exception of relocating square footage from a Billboard on a surface Street to a Billboard on the interstate. If a Nonconforming Billboard exceeds the height and/or advertising area limits of this Chapter, any modification to the Nonconforming Billboard shall bring it into compliance with the current height and advertising area limits. If the Nonconforming Billboard is of lesser height and/or contains less advertising area than is allowed under this Chapter, the height or advertising area of the Billboard may be increased to the maximum limits allowable only in exchange for the elimination of a different Nonconforming Billboard within the City or a corresponding reduction in square footage of advertising area and/or height of a Nonconforming Billboard within the City.
3.
Billboards Affected by Road Construction. Billboards affected by road construction may be modified in accordance with state law and this Chapter.
F.
Removal by the City. The City may remove Billboards as provided by state law without taking out a permit
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.540 - Location.#
A.
Billboards may be allowed only as found herein.
1.
Billboards may be allowed in CC, CG and LI districts. Billboards may be relocated within community reinvestment project areas created or existing under the Limited Purpose Local Government Entities - Community Reinvestment Agency Act, Title 17C of the Utah Code, as amended from time to time, following the process outlined within this Chapter.
2.
Prohibited Areas. Billboards are not allowed in the following areas of the City, regardless of the underlying district:
a.
Within one hundred fifty (150) feet of any Residential Use as measured from the edge of the Sign face to the closest Property Lines;
b.
Within one hundred fifty (150) feet of any part of the I-15/I-80 interchange as measured from the edge of the Sign face to the closest Property Lines. The interchange shall be that area which is one hundred fifty (150) feet from the Freeway property and lies within the area west of West Temple, east of 600 West, south of 2100 South and north of 2600 South;
c.
Five hundred (500) feet from any direction of the I-15/3300 South interchange as measured from the edge of the Sign face to the closest Property Lines;
d.
Five hundred (500) feet from any direction of the SR 201/900 West interchange as measured from the edge of the Sign face to the closest Property Lines;
e.
Five hundred (500) feet from any direction of the I-80/State Street interchange as measured from the edge of the Sign face to the closest Property Lines;
f.
East of 200 East;
g.
Within the transit-oriented district, except those areas specified in Subsection (A)(3) of this Section.
3.
Billboards may be allowed in the following areas of the City by Conditional Use permit following the requirements as found in Chapter 17.05 but only for purposes of relocation from another site to accommodate Development.
a.
3300 South from State Street to the Jordan River;
b.
2100 South from the Jordan River to State Street.
B.
Separation. Except by Conditional Use permit approval, the minimum distance between Billboards shall be five hundred (500) feet along the same side of the Street. The separation distance may be reduced to four hundred (400) feet by Conditional Use permit but only for purposes of relocation from another site to accommodate Development.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.550 - Design and Construction Standards.#
A.
Size of Advertising Area.
1.
Billboard advertising shall not exceed six hundred seventy-five (675) square feet in area, sixty (60) feet in width or twenty (20) feet in height along Freeways (within one hundred (100) feet of the Freeway property). Billboard advertising shall not exceed three hundred (300) square feet in area, twenty-five (25) feet in width or fifteen (15) feet in height in other locations or areas of the City.
2.
The maximum size and height of the advertising area is exclusive of Embellishments.
a.
Along Freeways, Embellishments may be allowed provided the Embellishment does not exceed thirty (30) percent of the advertising face of any Billboard and does not extend more than five feet above or to the side of the Billboard structure.
b.
In other areas of the City, Embellishments may be allowed provided the Embellishment does not exceed fifteen (15) percent of the advertising face of any Billboard and does not extend more than five feet above or to the side of the Billboard structure.
B.
Height. The highest point of any Billboard shall be no higher than thirty-five (35) feet above the existing grade. If the Freeway, within one hundred (100) feet of the Billboard measured from the Freeway at the point at which the Billboard is perpendicular to the Freeway, is on a different grade than the Billboard, then the highest point of the Billboard may be twenty-five (25) feet above the pavement elevation or any barrier wall at that location of the Freeway.
C.
Setbacks. All Setbacks shall be measured from the closest edge of any portion of a Billboard to the Property Line. The minimum Yard Setback from all Property Lines shall be five feet. The minimum Frontage Setback for Billboards shall be five feet, plus one additional foot for each foot in height over twenty-five (25) feet in height, up to the maximum height allowed.
D.
Lighting. Lighting shall be confined to the Sign face and not illuminate the night sky. Such lighting shall also conform to the illumination provisions of this Chapter.
E.
Supports. All Billboards shall be Detached Signs. Monopole construction is required unless the Community Development Department determines that special design or safety considerations exist that warrant differing support systems.
F.
Maintenance. All Billboards shall be continuously maintained both structurally and copy.
G.
Landscaping. All Billboards are to be located in a Landscaped Area. All Landscaped Areas are subject to design review standards. The "normal minimum" Landscaped Area is defined as an area equal to the size of the advertising area of the Sign or four hundred (400) square feet, whichever is the lesser amount.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.560 - 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 applicable requirements of this Chapter.
2.
Alteration shall not include the changing of copy or copy panels 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 or extension of a Billboard adjacent to the Freeway, subject to permit approval, shall not be a violation of this Section if such removal brings the Sign more closely in compliance with the provisions of the Chapter and any extension does not increase the cap limits of this Title.
5.
Billboards nonconforming as to site requirements only (Setbacks, Landscaping, height, etc.) may be modified or relocated on site, after receiving appropriate permits, 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 if the Sign Owner has failed to bring the Billboard in question into compliance with this Chapter in a reasonable amount of time and a hearing as established by Utah Code Section 10-9a-213.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.570 - Relocation.#
A.
The Owner of an existing Billboard may remove the existing Billboard and relocate to an approved location as found in this Chapter only after permits are obtained as set forth in this Chapter and other provisions of this Chapter are complied with.
B.
Any relocation must not increase the cap limits as set forth in this Title.
C.
Relocations may be allowed as a result of road widening, Development proposals or voluntary request.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)
17.08.580 - Billboard Business.#
A.
In order to equalize competition, to encourage business success, and to impose appropriate requirements and fees, all Billboards shall be considered a separate business and shall be subject to obtaining a business license and paying the required fee as established in the Consolidated Fee Schedule of the City. Companies or individuals with multiple locations may license as a single unit with a fee for each location.
B.
The City considers Billboards to operate as a separate business due to the following factors:
1.
Advertising space is rented/leased on each Billboard separately.
2.
Each Billboard is erected at a separate location requiring a separate rent/lease agreement.
3.
Billboards require regular inspections to assure continued compliance.
4.
Billboards create other administrative costs such as zoning approvals and enforcement activities.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)