99-13 Billboard Regulations (Disapproved by Mayor).Pdf

CITY OF LOGAN State of Utah

ORDINANCE N2 99-13

An ordinance enacting repealing sections 15.28.300 and 15.28.305, and amending Title 17, Logan Municipal Code, Land Development to add Chapter 17.41, Logan Billboard Code

The Municipal Council ofthe City ofLogan does ordain as follows:

Section 1:

The Municipal Council finds and declares:

A. The Land Development Code is intended to carry out the goals and policies of the General Plan. B. The provisions of this Title manage growth in a way that contributes positively to the community's quality of life. C. This Title incorporates policies and programs to maintain and promote stabil ity within the City's neighborhoods. D. The provisions of this Title are to be used to protect and enhance the community's appearance. E. This Title is intended to encourage business, commerce and economic development. F. The Land Development Code incorporates development and performance standards to prevent adverse land use impacts. G. The Land Development Code promotes predictability and consistency in the land development process-for neighborhood, business and development interests. H. This title ensures appropriate opportunities for participation and involvement by all affected parties. I. The Land Development Code ensures that the public recognizes that the privilege of subdividing land within the City of Logan is a discretionary action that requires appropriate levels of review. J. This Title integrates subdivisions with land use and development regulations to ensure that each newly created lot is buildable and can be developed in conformance with applicable regulations. K. This Title ensures that all subdivision, construction, and other development activity conforms to the goals, policies, and implementation measures of the Logan General Plan. L. The Land Development Code is intended to ensure that regulations are fair to all.

Section 2:

Chapter 15.28 of the Logan Municipal Code is hereby amended to read as follows:

Sections 15.28.300 and 15.28.305 of the Logan Municipal Code are hereby repealed.

Section 3:

Title 17, Logan Municipal Code, Land Development is hereby amended to read asfollows:

Chapter 17.41 , Billboards, is hereby added to Title 17, Logan Municipal Code, Land Development, as shown in Exhibit A, attached.

Fil e: C:\Data Files\Documents\Codes, Ordinances\Enacted versions\Ord 99-13 Billboard Codc.wpd Ordinance 99-13: Logan Billboard Code January 20, 1999 • Page 2

Effective date

This ordinance shall become effective upon publication in a newspaper of general circulation in the City of Logan.

PASSED BY THE CITY OF LOGAN MUNICIPAL COUNCIL, STATE TWENTIETH DAY OF JANUARY, 1999.

Lois Price, City Recorder

PRESENTATION TO MAYOR

The foregoing ordinance as presented by the City of Logan Municipal Council to the Mayor for his approval or disapproval on the "l-""~"""""'4--'--""'-'-4£-,1--=-+--,---'-l _,te;'--+~-1----J

MAYOR'S APPROVAL OR DISAPPROVAL

The foregoing ordinance is hereby ___D_c _S_A_P_{>_flO_v_6.)______, this _ '5~4<-____ of ~---'f'-"~==--=..c....-+,~~~~~~~·' 199---+1~

Attest:

Lois Price City Recorder

File: C:\Data Files\Documents\Codes, Ordinanccs\Enacted versions\Ord 99~ I 3 Billboard Code. \\'J)d CITY OF LOGAN•:• LAND DEVELOPMENT CODE Page 247 CHAPTER 17.41 * BILLBOARDS Chapter 17.41: Billboards

§17.41.010. Purpose. 2 The purpose of this Chapter is to regulate the billboard land use and to 3 define development standards for the siting, location, and relocation of 4 billboards. All off-premise signs are considered billboards and regulated 5 by this Chapter. 6

§17 .41.020. Conditionally permitted land use. 7 Billboards are conditionally permitted within the base zoning districts as 8 identified on the land use charts. No billboards are permitted in the Cen- 9 tral Commercial (CC) or Neighborhood Commercial (CN), or any 10 Residential (SF or MF) zoning districts. 11

§17.41.030. Directional signs exempt from this chapter 12 Directional signs complying with the requirements of § 17.40.05, 17.40.050 13 on page 231 are exempt from the provisions of this Chapter. 14

§17.41.040. Billboard permit fee 15 Every owner of a billboard shall pay a sign permit fee based on the size 16 and value of the sign as established by the Municipal Council. Each owner 17 of a billboard shall maintain a business license in the City of Logan. 18 A. Conditional use permit required. 19 No billboard permit shall be issued until a conditional use permit in 20 conformance with Title 17 of the Logan Municipal Code has been issued 21 by the Planning Commission. 22 B. Payment of sign permit fee for unlicensed billboards. 23 Each billboard for which an annual license was required under the former 24 provisions of Chapter 15.28 of the Logan Municipal Code and for which an 25 annual license fee had not been paid prior to 1998, the owner shall pay the 26 billboard sign permit fee and all delinquent fees prior to June 30, 1999. 27 C. Identification and marking of off-premises signs. 28 Each billboard or off-premises sign hereafter erected or remodeled shall 29 display a clearly legible identification plate not exceeding fifteen square 30 inches in area, stating the name of the person, firm or corporation 31 responsible for its construction and maintenance with installation date and 32 permit number thereon. 33

§17.41.050. Billboard siting and spacing. 34 A. New full size billboard limitations. 35 1. No new full size billboards shall be erected unless a legally existing, 36 conforming billboard is removed. 37

DEP~RTMENTO~ COMMUNITY DEVELOPMENT_•:• 255 North Main. Logan, Utah 84321 <- 435.750.9816 II~ ;,:yo~ ·11. ~ ;f9 [e]: •I E-Mail: [email protected] • Web Page: www.ci.logan.ut.us • Fax: 435-787-7484 ll.=!!-~!!!!!,!!!~l!!!•!t·-!!!!1!-!!!!... !!!!• !!!!•!!!•!!•!!•-!!!I; C:\Dala Files\Documents\Development Code\Land Development Code Master.wpd • Version: J:inu:iry 21, 1999 (2:19PM) CITY OF LOGAN•) LAND DEVELOPMENT CODE Page 248 CHAPTER 17.41 * BILLBOARDS

2. li a legally existing, conforming (at the time of original permitting or original construction) billboard is removed, a new billboard may be 2 erected within the CG or IND zones provided a conditional use permit 3 has been approved pursuant to this Title and in conformance with the 4 provisions of this Chapter. 5 3. Billboards on the same street shall not be placed closer together than 6 six hundred and sixty hundred feet measured on the same street. Signs 7 on the opposite side of the street facing the same traffic flow shall be 8 considered for the purposes of spacing. 9

~ Full size billboard 4 Junior billboard

-----t------~ ~~ --~ -----F p~-;s~ - - i ~ - a a - a a - a a - a a - a a - .,.~l.· - a a - a a I It~ 2,640·------~--r Junior billboards, after the first A junior billboard may 300' spacing from a full size billboard be located 300' from a must be 2,640' apart fn 11 ~17P h,llhn;\rd Figure 17-14: Distance between billboards B. New junior billboard limitations 10 1. Junior billboards may be erected following approval of a conditional 11 use permit, 12 2. Junior billboards shall be not less than 2,640 feet from billboard to 13 billboard, 14 3. No junior billboards shall be located on Main Street, 15 4. No junior billboards shall be located within 600 feet of a residential (SF 16 or MF) zone, 17 5. Junior billboards may be considered for approval of a conditional use 18 permit in either the General Commercial (CG) or Industrial (IND) 19 zones, 20 6. The Planning Commission may deny a conditional use permit for a 21 junior billboard if it finds that there are more than one billboard within 22 the same block. 23

DEPARTMENT OF COMMUNITY DEVELOPMENT•> 255 North Main• Logan, Utah 84321 -C. 435.750.9816 I• :f: f.'(4. :4 •Jl'l ~ :£1 [•]:. E-Mail: [email protected] • Web Page: www.ci.logan.ut.us • Fax: 435-787-7484 C:\Data Files\Documents\Development Code\Land Development Code Master.wpd • Version: January 21, 1999 (2:19PM) CITY OF LOGAN•:• LANO OEVELOPMENT COCE Page 249 CHAPTER 17.41 * BILLBOARDS

7. Junior billboards shall maintain a three hundred foot separation from l any other sized billboard. 2 C. Development standards prescribed 3 In addition, billboards are subject to the following conditions: 4 1. Billboards may be double faced if approved as a part of the conditional 5 use permit. A second facing proposed later requires a new conditional 6 use permit and is subject to regulations in effect at the time the second 7 use permit is issued. 8 2. In all zones the maximum billboard area shall be four hundred square 9 feet per sign face. 10 3. Structures shall be of vertical (cantilever) steel construction and where 11 the back is visible it shall be suitably painted or otherwise covered to 12 present a neat appearance. 13 4. The area around billboard structures shall be kept clean and a ll scrub 14 brush, tall grass, weeds, and inappropriate vegetation shall be 15 cleared away to a distance of at least ten feet to the rear and sides of 16 the structure as well as to the front property line. Trees in the public 17 planting strip that grow in front of the billboard shall not be trimmed or 18 removed without the approval of the City Forester. 19 5. All illumination for billboards which are within three hundred feet of a 20 residential zone shall be turned off not later than ten o'clock p.m. 21 6. The height of a freestanding billboard shall conform to the height 22 restrictions of the conditional use permit for the zone in which the use 23 is located. 24 7. All billboards shall be set back from the front property line a distance 25 of ten feet. 26

D EPARTMENT Of COMM UNITY D EVELOPMENT_•:• 255 North Main • Logan, Utah 8432 1 •:• 435.750.9816 I• 1i n;j j 1•J'J 1;fj [•] i •I E-Mail: [email protected] • Web Page: www.c1.logan.u1.u s • Fax: 435-787-7484 C:\Data Filcs\Documents\Developmen1 Code\Land Developmenl Code Masier.wpd • Version: January 2 t . 1999 (2: 19PM) CITY DF LOGAN•> LAND DEVELOPMENT CODE Page 250 CHAPTER 17.41 * BILLBOARDS

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§17.41.060. Billboard design. All billboards shall be on a single pole in a cantilever style. Single sided 2 billboards shall have a skirting and the rear supporting structure of the 3 board shall be screened with a full board height skirting or other solid 4 material. 5

§17 .41.070. Billboard relocation for redevelopment or economic 6 development purposes. 7 A. Redevelopment Agency recommendation for billboard relocation. 8 Upon action by the Redevelopment Agency, the Planning Commission may 9 consider issuing a conditional use permit for relocation of an existing 10 billboard into a zone which does not permit or conditionally permit 11 billboards as a land use. 12 The Redevelopment Agency may recommend approval of a relocation 13 request if it substantiates the following findings: 14 1. The purpose for the relocation of the billboard is to enhance 15 development in a redevelopment or economic development area of the 16 City, 17

DEPARTMENT OF COMMUNITY DEVELOPMENT•> 255 North Main• Logan, Utah 84321 +435.750.9816 1•4i f-t:j i4 •A'l 4:~ ,.j: •I E-Mail: [email protected] • Web Page: www.ci.logan.ut.us • Fax: 435-787-7484 C:\Oata Files\Oocuments\Oevelopment Code\land Development Code Master.wpd • Version: January 21, 1999 (2:19PM) CITY OF LOGAN•:• LANO OEVELOPMENT COOE Page 251 CHAPTER 17.41 * BILLBOARDS

2. The site to which the billboard is proposed for relocation is in the l general vicinity of the original billboard location and provides similar 2 exposure distances and traffic volumes for the billboard owner. 3 3. There are no suitable sites for relocation of the billboard that provide 4 similar location, general vicinity, and similar exposure distance and 5 traffic volume. The search for similar sites found that there were no 6 such sites: 7 a. within a redevelopment area; or 8 b. within an economic development area; or 9 c. within a zone permitting or conditionally permitting billboards. 10 B. Petition to initiate a change of location. 11 The petition to initiate a change of location shall be reviewed and 12 recommended by the Mayor's Economic Development Committee prior to 13 action by the Redevelopment Agency. 14 C. Conditional use permit required. 15 The Planning Commission shall utilize conditional use permit review 16 procedures and findings in considering the request from the 17 Redevelopment Agency. 18

§17.41.080. Abandonment of billboard. 19 Any billboard for which there has not been a paying advertisement in 20 place for twelve months or for which permit fees were not paid by June 30, 21 1999, shall be deemed abandoned and shall be removed. 22 Ii, ... t, a C1- 1 .'7

February 5, 1999

Jan Pearce Chair, Logan City Municipal Council

Dear Chair Pearce:

Attached please find City of Logan Ordinance 99-13, "The Billboard Ordinance". I disapproved it today.

I disapproved it for many reasons but primarily because I agree with what I believe to be the majority of the citizens of Logan. They have phoned, faxed, emailed, written and spoken with me. They stop me as I shop or walk or attend any event from a basketball game to giving blood. With only three exceptions, the message is always the same, "We have enough billboards in our community; we do not need any more." In addition, a non scientific telephone survey done by the Logan Herald Journal showed overwhelming support for that position.

Those speaking out against more billboards included a surprising number of businesspeople. Indeed, neither the ad hoc group of business people from the Chan1ber of Commerce nor the Sign Task Force organized by the City endorsed more billboards of any size. They said that billboards play a useful part of the advertising media mix but that usefulness can be satisfied by a relatively few boards. Logan has about 50 billboard faces within its borders. Ordinance 99-13 could allow an increase of over 20 new boards with more than 40 new faces. Fifty is enough; too many according to most.

Most of the comments I received were about aesthetics. Logan is a beautiful city. Billboards add nothing to the beauty; in fact they are intrusive and often block views. One citizen described them as "Telemarketing for the eyes." Recognizing citizen feelings, Logan's General Plan states that the "Number, sizes, and appearance of signs is a concern within the City." Consequently, Goal LU-17 of the Plan was "Provide an aesthetically pleasing urbanscape." Billboards do not provide an aesthetically pleasing urbanscape and therefore run counter to Logan's General Plan.

Perhaps more troubling is the special legal status that billboards have. They are not regulated as signs but as a land use; a use that once established never goes away. State

255 North Main Street • Logan, Utah 84321 • Phone (435) 750-9803 • FAX (435) 750-9804 regulations make the land use nearly impossible to remove unless the billboard owner voluntarily agrees. The use is virtually vested forever. Placing 20 billboards in the industrial and commercial zones could have a disastrous effect on economic development years down the road. One development in Logan is already stymied by the presence of a billboard within the project area. This thorny problem could be repeated time after time if Ordinance 99-13 were allowed to go into effect. Because of this unusual land use status and the aesthetics issue, most Utah cities limit or cap the number of billboards.

In my opinion, Jacob Larsen, a Boy Scout attending Mount Logan Middle School and son of Jeff and Carolyn Larsen speaks for most Loganites. He wrote, "I went to a City Council meeting and you talked about billboards. I think you should ban them from Logan. I think they make our town look very junky. It reminds me ofl-15 going to Salt Lake City and it doesn't look good at all. . .. [W]e have enough ways to advertise in Logan anyway."

I would like to reduce the number of billboards in Logan but that is not possible. About all we can do is hold the line and not allow any more. Enough is enough.

From Utah Code 10-3-1214. " ... If the mayor disapproves an ordinance ... he shall return it with a statement of his objections, to the council within fifteen days and the council shall, at its next meeting, reconsider the ordinance . . . If after reconsideration it again passes by a vote of at least two-thirds of all council members, it shall be recorded and thereafter be in force."

Respectfully, J2Ii!m!r- Mayor

cc: Logan Municipal Council