Ordinance 77 of 2008

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SALT LAKE CITY ORDINANCE

No. 77 of 2008

(An Ordinance Amending and Enacting Provisions Regarding

Temporary Construction Impact Mitigation Signage)

      AN ORDINANCE AMENDING THE TEXT OF SECTION 21A.46.070 OF THE SALT LAKE CITY CODE, PERTAINING TO TEMPORARY SIGNS, AND ENACTING SECTION 21A.46.180 OF THE SALT LAKE CITY CODE PERTAINING TO CONSTRUCTION IMPACT MITIGATION SIGNS.

      WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on June 25, 2008 to consider a request made by the Mayor of Salt Lake City to amend the text of section 21A.46.070 of the Salt Lake City Code and to enact a new section 21A.46.180 to regulate the posting of temporary signs to mitigate impacts to businesses caused by temporary construction activities; and

      WHEREAS, at its June 25, 2008 hearing, the Planning Commission voted in favor of recommending to the Salt Lake City Council (“City Council”) that the City Council amend section 21A.46.070 of the Salt Lake City Code and enact a proposed new section 21A.46.180 of the Salt Lake City Code to address and regulate temporary construction mitigation signage; and

      WHEREAS, the City Council has determined that the following ordinance is in the City’s best interests,

      NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

SECTION 1.  Amending text of Salt Lake City Code section 21A.46.070.  That section 21A.46.070(Q) of the Salt Lake City Code, shall be, and hereby is, amended to read as follows:

21A.46 Signs

21A.46.070 General Standards:

Q.    Temporary Signs: Temporary signs shall comply with the following standards:

1.       Required Setback: All temporary signs shall be set back five feet (5') from all property lines, except where displayed as building signs on buildings set back less than five feet (5') or where the sign setback is otherwise specified in this title.

2.       Display Period And Removal: Temporary signs shall be permitted in accordance with the standards set forth below for display period and removal, unless specified otherwise in this title:

Note:

1. See sections 21A.46.080, 21A.46.090, 21A.46.100, 21A.46.110 and 21A.46.120 of this chapter for zoning district limitations on the size, height and location of temporary signs. 

2. See section 21A.46.180 Construction Impact Area Mitigation Signs

SECTION 2. Enacting Section 21A.46.180.  That section 21A.46.180, pertaining to temporary construction impact mitigation signs be, and is hereby enacted as follows:

21A.46.180 Construction Impact Area Mitigation Signs:

A.    Purpose: The purpose of this section is to designate the use of certain temporary signs deemed necessary to offset the impact of building demolition activity and/or construction activity. Additional temporary signage for impacted businesses will benefit local neighborhoods and the city as a whole by promoting business identity and informing the public of continued business operations while demolition and construction activity is ongoing. 

B.    Nonpublic Forum: In allowing limited temporary signage in certain designated locations, the city does not intend to create a public forum, but rather intends to create a limited or nonpublic forum for the purposes set forth herein.

C.    Definitions:

1. "Applicant" means any person or organization located within a designated Construction Impact Area that makes application for a Construction Impact Area mitigation sign permit as described herein.

2. “Construction Impact Area” means a specific location designated by the Mayor or the Mayor’s designee likely to be impacted by temporary construction activities that are anticipated to occur for a period greater than six (6) months and which activities will likely disrupt pedestrian and/or vehicular traffic in such a manner to negatively affect nearby business activities.  A Construction Impact Area designation shall be effective for no longer than eighteen (18) months, unless extended by the Mayor or Mayor’s designee for good cause.

3. "Construction Impact Area Mitigation sign" means a temporary sign that informs the public a business is open during the period of nearby construction activity. 

4. “City administration” means the Community and Economic Development Director with consultation with the Planning Director, Transportation Director and City Engineer. 

D.    Approval Of Construction Impact Areas: In order to encourage and promote business identity during periods of construction activity, the Mayor or Mayor’s designee may recognize via a public meeting, business areas that are impacted by construction activity.

E.    Authority To Display. The designation of a Construction Impact Area authorizes the City Administration to develop guidelines limiting sign types, size and location for permitting temporary Construction Impact Area Mitigation signs within affected business areas. 

F.    Construction Impact Area Mitigation Signs. Construction Impact Area Mitigation signs are subject to the following minimum standards in addition to any administrative implementing guidelines developed for a specific Construction Impact Area:

1. Signs for a business with a storefront:

i.      Quantity of signs allowed is one banner or A-frame sign per business establishment with a storefront on a street within a designated Construction Impact Area.

ii.     Size of banner or A-frame signs are limited to 16 square feet in area.

iii.    Additional window signs are limited to 25 percent of the window area above the base-zoning sign area allowed.

2. Signs for a building with multiple businesses without individual storefronts:

i.      Quantity of signs allowed is a single banner sign or A-frame sign for the entire building.

ii.     Size of signs are limited to 32 square feet in area.

iii.    Additional window signs are limited to 25 percent of the window area above the base-zoning sign area allowed.

3. Directional signs identifying parking and businesses open are limited to eight square feet in area and the location is subject to Transportation Division approval and subject to section 21A.46.070.D of this title.

4. All temporary signs within the public way must be placed in a manner as not to damage roadway and sidewalk surfaces. 

5. Duration of display period is up to six months from building permit issuance and is intended to terminate coincidentally with the end of the construction impact. Administrative renewal of a permitted temporary sign is limited to six month periods. 

G.    Location Of Construction Impact Area Mitigation Signs. The location where temporary signs are permitted can be varied subject to demolition and construction activity within a designated Construction Impact Area. The determination of specific areas is a function of the administrative group given authority to allow temporary signage. Sign locations are also subject to the following criteria for safety purposes:

1. Signs, particularly A-frames, can only be located in a manner that they do not pose a hazard or block the free flow of pedestrian or vehicular travel in the public right of way.

2. Signs on sidewalks should not preclude normal pedestrian passage and should not be located such that they block more than half of the clear walking width or leave less than four feet of passage width to maintain accessibility.

3. Signs in the public right-of-way cannot be placed in a manner that they preclude drivers within intersections or driveways from having sufficient sight ability of oncoming traffic to maneuver safely.

4. Any approved sign allowed on the public right-of-way is subject to modification or revocation for public safety purposes.

H. Effect On Overlay Districts: Construction impact mitigation signs are not subject to the requirements and standards of overlay districts established in Section 21A.34 of this title.

SECTION 3.  Effective Date.  This ordinance shall become effective on the date of its first publication. 

      Passed by the City Council of Salt Lake City, Utah, this 30^th day of September, 2008.

Bill No. 77 of 2008.

Published: October 18, 2008.