A. Purpose And Intent: The City Council finds that unregulated signage can be detrimental to public safety, that it can result in visual blight and negatively impact local property values, and that it can displace alternative land uses.
1. It is the purpose of this section to promote public safety and to foster an appealing cityscape, and in accordance with the State and Federal Constitutions, the General Plan, and for the general welfare 1 ; and
2. To promote the health and well being of the public generally, pedestrians and motorists, by minimizing obstruction, visual or otherwise, distraction, and related safety and traffic hazards within the city; and
3. To preserve and enhance the beauty of the city by minimizing visual clutter and regulating physical characteristics of and placement of signage within the city.
B. General Provisions:
1. Signage shall be regulated within each zone of the city. Signage in residential zones shall have specific limitations as set forth herein. Signage in commercial/industrial zones shall have specific limitations as set forth herein.
2. Signs shall be deemed either permanent or temporary. Both temporary and permanent signs are allowed in all zones, except where specifically prohibited. A permit shall be required for all permanent signs, except as otherwise provided herein.
3. All signage shall be reasonably secured and maintained so as to withstand normal weather conditions including, but not limited to, wind, rain, snow and so forth. Signs, whether temporary or permanent, shall be constructed in such a way so as to preserve the public safety and shall be maintained in such a manner so as to prevent disrepair and visual blight.
4. All signage shall be generally prohibited from being posted or left behind on public property, in any public right of way, on utility poles, historical markers, on publicly owned property, including trees, and on street and traffic signs.
a. Exception: Where the city has traditionally allowed public property to be used as an open public forum, temporary noncommercial signage shall be allowed only if the signage is handheld or personally attended, and where said signage presentation does not block public rights of way, disrupt the peace, incite to violence, or cause any other public disturbance.
b. Exempt: Signage dedicated for government use including traffic signs, traffic lights, street signs, directional signs, public safety signs and related signage shall be exempt from the prohibition against signage in any public right of way. (Ord. 8-16-2011A, 8-16-2011)
c. Exempt Temporary Signage: Temporary signage used for government purposes that is informational in nature or related to events, elections, recreation, or other city programming may be placed on public property or in the public right of way. Such temporary signage shall be limited to three feet (3') in height, and five feet (5') in length. Signage may be posted no more than fourteen (14) days before the occurrence of an event and shall remain for no more than one business day after the occurrence of an event; no more than two (2) signs shall be permitted in any location; and where said signage presentation does not block public right of way, disrupt the peace, incite to violence, or cause any other public disturbance. Such exception does not apply to the roundabout portion of 4600 W. Cedar Hills Drive, where signs shall be limited to one at any given time. (Ord. 10-20-2015C, 10-20-2015)
5. All signage shall be subject to a discontinued use limitation, whereupon the owner of said signage shall remove such no later than sixty (60) days after a discontinued use. A "discontinued use" shall include the expiration of a permit, abandonment of the sign, or the completion of an event or sale for which the sign was posted. "Discontinued use" shall not include the involuntary destruction of a sign in whole or in part due to fire or other calamity unless the sign has been abandoned.
C. Signs In Residential Zones:
1. In residential zones, signage may be placed in accordance with the lesser of the following setback limitations:
a. Signage may be placed on a lot in accordance with the front, side, and rear yard limitations of the applicable zone, if there be such, and may conform to setback limitations provided for accessory buildings, so long as such placement conforms to all setback and placement limitations for accessory buildings as set forth in the zoning code; or
b. Signage may be placed no closer than three (3) linear feet from the sidewalk, curb, or street (whichever is farthest) three (3) linear feet from the edge of the lot, and three (3) linear feet from a neighboring lot.
2. Except for window signs, all signage on any residential lot shall be limited to a maximum elevation or height of six feet (6'). Where a building on a residential lot has more than one level, window signs shall be allowed on each level of the building.
3. Any window sign shall not exceed twenty five percent (25%) of a window display area and shall not exceed a total window display area for all windows of thirty two (32) square feet. In multiple- unit residential buildings, the total window display area allowed shall apply to each individually rented or owned unit and not to the building as a whole.
4. Commercial signage on a residential lot shall be limited to a cumulative display area of thirty two (32) square feet for temporary commercial signs, plus an additional six (6) square feet for a permanent commercial sign if a variance has been granted for a business use on the residentially zoned lot.
5. Noncommercial signage on a residential lot shall be limited to a cumulative display area equal to that permitted for any commercial signage on the same lot.
6. The display area of a two (2) faced sign with identical copy on both sides shall be counted as the display area of only one of the faces.
D. Signs In Commercial And Industrial Zones:
1. In commercial or industrial zones, signage may be placed in accordance with the lesser of the following setback limitations:
a. Signage may be placed on a lot in accordance with the front, side, and rear yard setback limitations of the applicable zone, if there be such; or
b. Signage may be placed no closer than three (3) linear feet from the sidewalk curb, or street (whichever is furthest), three (3) linear feet from the edge of the lot, and three (3) linear feet from a neighboring lot.
2. All signage on a commercial or industrial lot shall be limited to a maximum elevation or height of thirty feet (30').
3. Any window sign on a commercial or industrial lot shall not exceed fifty percent (50%) of a window display area and shall not exceed a total window display area for all windows of one hundred (100) square feet. Where a building on a commercial lot has more than one level, window signs shall be allowed on each level of the building.
4. Commercial signage on a commercial or industrial lot shall be limited to a cumulative display area of twenty five percent (25%) of the facade of the building or structure it represents or which is found on the commercial lot, or to ninety (90) square feet, whichever is greater.
5. Noncommercial signage on a commercial or industrial lot shall be limited to a cumulative display area equal to that permitted for any commercial signage on the same lot.
6. The display area of a two (2) faced sign with identical copy on both sides shall be counted as the display area of only one of the faces. (Ord. 8-16-2011A, 8-16-2011)
E. Signs In Public Facility Zone:
1. In the Public Facility Zone, signage may be placed in accordance with the lesser of the following setback limitations:
a. Signage may be placed on a lot in accordance with the front, side, and rear yard setback limitations of the applicable zone, if there be such; or
b. Signage may be placed no closer than three (3) linear feet from the sidewalk curb, or street (whichever is furthest), three (3) linear feet from the edge of the lot, and three (3) linear feet from a neighboring lot.
2. All signage on a lot in the Public Facility Zone shall be limited to a maximum elevation or height of twenty feet (20').
3. Marquee digital signs may be allowed in the Public Facility Zone, subject to the following conditions:
a. Sign is owned, operated, and maintained by a public school. Any messages displayed on a digital marquee should be those that relate with such property type of events/activities, with the exception of public service announcements.
b. Sign does not illuminate into adjacent residential lots. Only indirect and diffused lighted signs are permitted in the PF Zone. Lights that are not an integral part of a sign must be directed away from surrounding properties and oncoming traffic. No flashing or rotating lights are permissible.
c. Electronic displays shall not include animation, full motion video, flashing, strobing, racing, blinking, changes in color, fade in or fade out in any manner imitating movement, or any other means not providing constant illumination.
d. Each message shall be illuminated for at least eight (8) seconds before transitioning to a new message.
e. Operation and illumination of sign shall not occur between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. (Ord. 06-19-2018A, 6-19-2018)
F. Permanent Signs:
1. Permit and fee required.
2. Any sign that is permanently constructed, attached, or intended to remain for more than one hundred twenty (120) days shall be deemed permanent and requires a permit. Permanent signs shall be subject to a fee.
3. A sign shall be deemed permanently constructed if, standing alone, it exceeds thirty two (32) square feet in display area, or exceeds six feet (6') in height, or weighs more than twenty (20) pounds.
4. A sign shall be deemed attached if it is connected to or protruding from any building or similar structure, interior window signs excluded.
5. A sign intended for use during a specified, limited time, which is posted more than sixty (60) days before the occurrence of an event or sale and which shall remain for more than sixty (60) days after the occurrence of an event or sale or commencement thereof shall be deemed permanent.
Exempt: Any signage related to issues on the ballot for an upcoming election, whether a primary or general election, are hereby deemed temporary despite the actual number of days displayed and are deemed to have satisfied any permit and fee requirements. Said signage is subject to the discontinued use provision set forth above.
6. The City finds that permanent signage requires review by the Zoning Administrator to ensure that the constructed sign will be structurally safe and durable so as to preserve and promote public safety.
7. Permanent signage shall be subject to the discontinued use provision set forth above.
G. Temporary Signs:
1. No permit or fee required.
2. Any sign that is not permanently constructed or attached as defined above, or that is intended for use during a specified, limited time of one hundred twenty (120) days or less shall be deemed temporary and shall not require a permit or be subject to a fee. All temporary signage shall be subject to the discontinued use provision set forth above.
H. Window Signs:
1. No permit or fee required. No time limitation.
2. A window sign is any copy posted on or sign posted inside of a window of a building, house, or similar structure. No permit or fee is required to post a window sign. Window signs shall not be limited to a specific number of days allowed for display; however said signage shall be removed upon discontinued use. Window signs shall be subject to the display area limitations and size limitations set forth above under signs in residential and commercial/industrial zones.
I. Sexually Oriented Business Signs: Commercial signage for a sexually oriented business shall be prohibited off site from the actual lot where the business is lawfully located. Said signage shall be limited to alphanumeric copy only and shall be limited to a display area of thirty two (32) square feet. (Ord. 8-16-2011A, 8-16-2011; amd. Ord. 06-19-2018A, 6-19-2018)
J. Prohibited Signs:
A-FRAME SIGN: Any sign or structure composed of two (2) sign faces mounted or attached back to back to form a triangular vertical cross section through the faces or structure over three feet (3') in height and three feet (3') in width from grade.
ABANDONED SIGN: Any sign or structure that no longer correctly directs or influences a person, identifies or advertises a bona fide business, lessor, service, owner, product, or activity.
ANIMATED OR FLASHING SIGN: A sign that includes movement or optical illusion of movement or rotation of any part by mechanical, artificial or atmospheric means or a sign that displays flashing or intermittent lights. Time and temperature devices and banners and flags shall be exempted from this definition.
BALLOON OR INFLATABLE SIGN: Any device supported by heated air, forced air, or other gases for the purpose of drawing attention.
BILLBOARD: A high profile freestanding ground sign on one or more poles, typically located along freeways or major highways, but not limited thereto, 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.
MARQUEE SIGN: Any sign attached to, in any manner, or made part of a marquee. A marquee is a permanent rooflike structure projecting beyond a building or wall of the building, generally designed and constructed to provide protection from the weather.
MOTION SIGN: A sign that has motion either constantly or at intervals or that gives the impression of movement through intermittent flashing, scintillating, or varying the intensity of illumination whether or not said illumination is reflected from an artificial source or the sun.
PENNANT SIGN: A sign made of lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from rope, wire, or string, usually in series, designed to move in the wind.
PROJECTING SIGN: A sign attached perpendicular to a building structure and extending in whole or in part more than twelve inches (12") beyond the wall to which it is attached.
ROOF SIGN: A sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof or which does not lie flat on the roof.
ROTATING SIGN: Any sign or portion of a sign that moves in a revolving or similar manner.
SNIPE SIGNS: Any sign typically made of non- or semi-durable material, mounted to a tree, to a utility pole, or to the ground by nails, staples, a wire frame, or similar device within a right-of-way, including public and private parking strips and medians, or on public property. (Ord. 8-16-2011A, 8-16-2011; amd. Ord. 3-20-2012C, 3-20-2012; Ord. 06-19-2018A, 6-19-2018)
K. Issuing A Permit: Permit issuance is subject to the following application process and review:
1. Application Process: The City shall prepare a "sign permit request" form, which shall request the applicant or agent's name, telephone number, address, where the proposed sign(s) will be placed, whether the sign is intended to remain for more than one hundred twenty (120) days, whether the sign is intended to serve commercial purposes, to identify zoning restrictions, and which may include, but is not limited to, a site plan, sign layout, a sign depiction, elevation of existing and future buildings, and any other reasonably related information necessary for the Zoning Administrator to be able to determine whether the sign complies with the design and placement requirements set forth in this chapter. Proposed signs that are larger and that are intended to remain for a longer period of time will require more information to assist the Zoning Administrator in determining whether the sign will be safe and durable.
2. Application; Fee: Applications will not be accepted without the accompanying fee for a permanent sign.
3. Fees: Permanent signage shall be subject to a permit application fee as determined by the City Council (see City fee schedule).
4. Form: The sign permit request form shall include a checkbox with a statement indicating that, if checked, the applicant agrees to allow the City to enter and remove the sign for which the permit is requested if the sign's removal period expires, in lieu of prosecution by the City Prosecutor and in lieu of a fine.
5. Review: If the Zoning Administrator determines that a sign permit request is incomplete, or that signage will conflict with the provisions of this chapter because of illegal content or nonconforming proposed design and placement, the request shall be returned to the applicant as incomplete. The applicant may revise and resubmit the amended sign permit request with additional information as necessary.
6. Granting Or Denial Of Permit Request: The Zoning Administrator shall make a decision to grant or deny a sign permit request in accordance with this chapter and other applicable City, State, and Federal laws and ordinances. No sign permit shall issue unless the sign permit request and sign comply with the provisions of this chapter.
7. Permanent Signs: The Zoning Administrator shall issue a decision to grant, deny, or return as incomplete the sign permit request within thirty (30) days of submission.
8. Appeal: An applicant wishing to appeal the Zoning Administrator's decision to reject a permit application to the Planning Commission has ten (10) days to do so 2 . The planning commission, on administrative appeal, shall review the applicant's sign permit request form for completeness in an open and public meeting at which the applicant shall be allowed to appear and present and then determine whether the applicant's proposed sign complies with the design and placement requirements set forth in this chapter, and subsequently return a decision either to uphold or reverse the Zoning Administrator's decision within twenty (20) days.
L. Permit Limitations:
1. Transferability: Permits, permit numbers, permit applications, and supporting information shall not be transferable to other sites or signs and shall be valid only for a specific sign at the designated location. If at any time a sign or sign structure is altered, removed, or relocated in a manner different from the terms of an issued sign permit, such existing sign permit will become void and a new application must be made for the sign as altered or relocated.
Exception: Signs associated with a business that has its ownership transferred with no proposed alteration to the business name, building, or signage shall, upon notification to the City, have its permits transferred to the new business owner without need of a new application.
2. Expiration: A permit shall expire and become null and void if work on the sign is not commenced within sixty (60) days from the date of the permit or if work is suspended or abandoned. In such case, a new permit shall be obtained, and where the permit is for a permanent sign, a new fee shall be paid.
3. Written Suspension Of Permit: The City may in writing suspend or revoke a permit issued under provisions of this section whenever the permit is issued on the basis of a material omission or misstatement of fact or in violation of any ordinance.
4. Nuisance: No permit for a sign may be deemed to constitute permission or authorization to maintain a public or private nuisance, nor shall any permit issued hereunder constitute a defense in any action to abate a nuisance.
M. Removal Of Signs:
1. Zoning Administrator: The Zoning Administrator is hereby authorized to require removal of any sign. Before bringing action to require removal of any sign, the Zoning Administrator shall give written notice to the owner of the sign or the owner of the premises on which such sign is located. The notice shall state the violation charged and the reasons and grounds for removal, specifying the deficiencies or defects and what repairs, if any, will make the sign conform to the requirements of this chapter. The notice shall also specify that the sign must be removed or made to conform with the provisions of this chapter within the notice period. Service of notice shall be made personally on the owner or lessee, or by certified mail addressed to the owner or lessee at the address specified in the permit or the last known address.
2. Notice Period: The notice period for permanent signs shall be fifteen (15) days. The notice period for temporary signs shall be three (3) days.
3. Prosecution: If the owner or lessee of the premises upon which the sign is located has not demonstrated to the satisfaction of the Zoning Administrator that the sign has been removed or brought into compliance with the provisions of this chapter by the end of the notice period, the Zoning Administrator shall first submit an order for removal by the City, and if necessary, due to inability to access the sign for removal, submit the violations to the City Prosecutor for prosecution. If the City removes the sign, any and all prosecution charges shall be dropped.
4. Continuous Violation: Reerection of any sign or substantially similar sign on the same premises after a notice of violation has been issued shall be deemed a continuation of the original violation.
5. Removal Of Temporary Signs: The Zoning Administrator may remove any illegal temporary sign which is maintained or reerected after the expiration of the notice period, if the owner or lessee of the premises has been issued a notice of violation at least once before for the same violation involving the same or similar sign. When temporary signs are removed by City staff, the responsible party shall be notified within two (2) business days of the reason for the removal and the location from which the sign was removed. Removed signs shall be made available for the responsible party to pick up for three (3) calendar days. After that time, removed signs will be destroyed.
6. Safety Hazard: Notwithstanding other provisions of this subsection, the Zoning Administrator may cause the immediate removal, following notice to the owner of the sign or the property on which it is located of any unsafe or defective sign that creates an immediate hazard to persons or property.
7. Costs Of Corrective Action: The costs of removal of a sign by the City shall be borne by the owner of the sign.
N. Requirement Of Conformity:
1. No sign for which a permit is issued after the effective date of this chapter, may be placed or maintained in the City except as provided in this chapter.
2. All signs maintained contrary to the provisions of this chapter are declared to be nonconforming and, as such, may be dealt with or removed as provided herein.
3. Any sign that poses a public safety hazard may be removed as specified herein.
O. Nonconforming Signs:
1. Nonconforming signs which preexist the effective date hereof shall be removed upon their discontinued use according to the general discontinued use provision set forth above.
2. Nonconforming signs which become unsafe due to natural wear and tear shall be deemed a discontinued use and subject to removal without an option to repair or replace with a similar nonconforming sign.
3. Except as provided for in the Utah Code Annotated, billboards shall be generally prohibited. Signs which constitute billboards prior to the effective date hereof are protected only insofar as provided for in the Utah Code Annotated. Titles within the Utah Code Annotated which protect billboards include, but are not limited to, title 72, chapter 7, which is the Protection of Highways Act and title 10, chapter 9a, which is the Municipal Land Use, Development, and Management Act 3 .
P. Enforcement: A violation of this section is punishable as a Class C misdemeanor and shall be punishable by a fine of not more than five hundred dollars ($500.00) when a person fails to alter or repair or remove a noncompliant sign after notice of a violation.
Q. Noncommercial Copy: Notwithstanding any provision of this chapter to the contrary, to the extent that this chapter allows a sign containing commercial copy, it shall allow a sign containing noncommercial copy to the same extent. Any signage containing obscenity, defamation, fighting words, true threats or anything like unto it is prohibited as a matter of law.
R. Applicability Of The Zoning Code: The regulations of this section are in addition to those set forth in the planning and zoning provisions of this chapter and any other ordinances adopted by the City Council, and do not contain any rights not otherwise granted under the provisions and procedures contained in this chapter or any other ordinances.
S. Applicability Of The Utah Code: The provisions of this section are enforceable only in accordance with the governing and enabling provisions of the Utah Code Annotated. It is the intent of the drafters herein that this section comply with such governing provisions.
T. Scope: The requirements of this chapter shall not be construed so as to prohibit or limit other applicable provisions of this chapter/title, this Code, or the Utah Code Annotated (UCA). In the instance where provisions of this chapter conflict with other provisions of this Code, the terms of this chapter shall govern. In the instance where provisions of this chapter conflict with provisions of the Utah Code, the Utah Code shall govern.
U. Interpretation:
1. In interpreting and applying the provisions of this chapter, the sign regulations contained herein shall be interpreted by the Zoning Administrator. If the Zoning Administrator determines that an application needs further interpretation, he may request Planning Commission review of the proposal.
2. The Zoning Administrator and Planning Commission shall seek to administer this section in a content neutral manner.
V. Variances: For rules regarding variances, see Utah Code Annotated section 10-9a-702. (Ord. 8-16-2011A, 8-16-2011; amd. Ord. 06-19-2018A, 6-19-2018)
Notes
| 1 | 1. UCA §§ 10-9a-102, 10-9a-104, 10-8-26, 10-8-28. |
| 2 | 1. UCA § 10-9a-704. |
| 3 | 1. UCA § 10-9a-512. |