A. General Requirements: The following general requirements shall apply to all signs and outdoor advertising structures which may be erected or maintained within the town.
1. Sign Approval: Except as otherwise provided, it shall be unlawful and a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code, to erect or maintain any sign or outdoor advertising structure in the town without first obtaining the approval of the planning commission for said sign or advertising structure, the giving of which shall be based upon the provisions of this section. Said approval shall not be required for temporary nonelectrical wall and nonelectrical freestanding signs of less than thirty two (32) square feet in area. (Examples of signs not requiring planning commission approval are real estate "for sale" signs and election campaign signs.)
2. Permits: The approval of the planning commission shall be evidenced by a permit issued by the building official. All signs shall be constructed and all permits shall be in accordance with the provisions of the international building code. All standards in this section are minimum standards, greater restrictions or limitations may be imposed by the planning commission. Permits for off premises nonconforming signs shall be renewed on an annual basis. Applications for permits, or for the renewal of permits, shall require the applicant to disclose the owner of the sign and the owner of the property on which the sign is or will be located, all relevant dates in regard to expiration of any lease or lease option, the date and cost of construction of the sign, the date and cost of any modification of the sign, the fair market value as appraised for property tax purposes, the date the sign will be depreciated for federal income tax purposes, the cost of operating the sign, and any other information reasonably required by the planning commission. A permit may be revoked and a sign removed pursuant to subsection A7 of this section if the applicant for a permit makes a false or misleading statement in the permit application or renewal.
3. Animated Signs: Flashing or rotating signs may be allowed in business (B) and retail (RT2) zones with appropriate conditions. Flashing shall be limited to sequential, chasing or subdued color change. No intense strobe type flashing will be permitted. Rotation shall be limited to eight (8) revolutions per minute; provided, however, that the lights described above may not be used within five hundred feet (500') of a residence, apartment, hotel or other residential structure.
4. Sound Or Emissions: No sign shall be designed for the purpose of emitting sound, smoke or steam.
5. Movable, Freestanding Signs: Movable, freestanding signs are acceptable for a thirty (30) day period.
6. Canopy Signs: Signs painted on or affixed to canopies which are part of the building shall be considered part of the total allowed area of wall signs for the walls from which the canopy projects. Signs painted on or affixed to canopies which are freestanding shall be considered part of the total allowable area of freestanding signs for that use. Signs suspended under canopies (marquees) which project over public rights of way shall be limited to six (6) square feet.
7. Violations:
a. It is unlawful to erect or maintain a sign contrary to the provisions of this section. If a sign is erected or maintained in violation of this section, the planning commission may do the following:
(1) Order the defect corrected within a fixed period of time, not exceeding thirty (30) days, if correction of the defect will bring the subject sign into compliance with the provisions of this section; but
(2) If correction of the defect will result in a violation of the provisions of this section, order that the subject sign be removed by, and at the expense of, the owner of the sign, within a fixed period of time not exceeding thirty (30) days.
b. If the owner of the sign contests the order of the planning commission, the remedy shall be an appeal to the board of adjustment, which appeal shall be taken in the time and manner otherwise provided in this title for appeals to the board of adjustment. If the owner of the sign fails or refuses to remove the subject sign at the order of the planning commission, the town may remove the sign at any time after the owner thereof exhausts his or her administrative remedies in relation thereto, unless otherwise ordered by a court of law. Removal by the town shall be at the expense of the owner, and the town may obtain judgment against the owner in an amount equal thereto, together with reasonable attorney fees and costs.
B. Signs On Premises: Except as provided within the provisions of respective zoning districts, and unless otherwise expressly provided in this section, no sign shall be permitted which is not used exclusively to advertise the ownership, sale or lease of property upon which said sign is placed, or to advertise a business conducted, services rendered, goods produced or sold upon such premises, or to advertise or identify any other lawful activity conducted upon such premises.
C. Exceptions: This chapter shall have no application to signs used exclusively for:
1. The display of official notices used by any court or public body or official, or the posting of notices by any public officer in the performance of a duty, or by any person giving legal notice.
2. Directional, warning or information signs of a public or semipublic nature, directed and maintained by an official body or public utility.
3. Barber poles not to exceed six feet (6') in height located on private property and bearing no advertising copy or message.
4. Any sign of a noncommercial nature when used to protect the health, safety or welfare of the general public.
5. Any official flag, pennant or insignia of any nation, state, city, town or other political unit.
6. Time and temperature signs and elements of commercial signs which convey only time, temperature or weather conditions.
D. Location Standards: All signs and outdoor advertising structures shall comply with the following location requirements:
1. Fire Escapes: No sign shall be erected in such a manner that any portion of the sign or its support will interfere with the use of any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator or window.
2. Traffic: No freestanding or projecting sign shall be erected at any intersection improved for vehicular traffic within a triangular area formed by the property lines and their projections and a line connecting them at points twenty five feet (25') from the intersections of the projecting property lines; unless the sign in its entirety is less than three feet (3'), or more than eight feet (8') above the curb grade, no part of its means or support has a single or joined horizontal dimension exceeding twelve inches (12"), or said sign is within an area in which a building or structure is permitted by the provisions of the respective zone.
3. Utility Lines: No sign shall be erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof.
4. Clearance: No sign shall be erected in such a manner that any portion of the sign or its support will extend over a public or private walkway with a minimum clearance of less than ten feet (10').
E. Special Purpose Signs: In addition to any other permitted signs, signs for special purposes set forth in this subsection shall be permitted as provided herein:
1. For Sale, Rent Or Lease Signs: In all zoning districts, signs may be erected to advertise the sale, rent or lease of property upon which said signs are placed. Said signs shall be limited to one sign per street face, unless otherwise provided by the zoning provisions, and shall not exceed an area of six (6) square feet in residential zones or thirty two (32) square feet in nonresidential zoning districts. Said signs shall be exempt from project plan approval.
2. Directory Signs: In all districts where group occupancies in office buildings, commercial buildings or industrial buildings are permitted, directory signs may be erected displaying the names of occupants of a building who are engaged in a particular profession, business or industrial pursuit. Said sign shall be situated at least two feet (2') inside the property line and shall not exceed ten feet (10') in height. Said sign shall not exceed an area of fifty (50) square feet and shall not be placed within a clear vision area of a corner lot as set forth in this section.
3. Construction Project Signs: Signs may be erected in conjunction with construction projects and used for the purpose of publicizing the future occupants of the building; architects, engineers and construction organizations participating in the project; and such other information as may be approved by the planning commission. In residential districts, no such sign shall exceed thirty two (32) square feet in area. In other districts, no such sign shall exceed an area of sixty four (64) square feet, and no freestanding sign shall exceed twelve feet (12') in height. All such signs shall be removed before a final inspection is granted by the building inspector or an occupancy permit is issued.
4. On/Off Site Directional Signs: Directional signs may be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into private property and shall be located on the properties to which they pertain. No such sign shall exceed six (6) square feet.
5. Open House Signs: Open house signs advertising real estate open for inspection for a prospective sale may be placed on private property in all districts with the consent of the owner, lessee or occupant. Such signs may state the name of the person or firm sponsoring the open house. Such signs shall not exceed six (6) square feet.
6. Church, Quasi-Public Organizations And Apartment House Identification Signs: In all districts, a church or quasi-public organization may erect one wall sign on the premises to identify the name of the organization and announce activities thereof. Apartment houses of five (5) or more dwelling units may erect one sign on the premises to identify only the name of the apartment complex and to indicate a vacancy. Said wall sign shall not exceed an area of twenty five (25) square feet, and may be mounted upon a freestanding, ornamental masonry, wood or stone wall.
7. Bus Bench Signs: In all zones, one bus bench sign may be installed at each bona fide bus stop along a public transit route, provided the owners of said benches are authorized to operate in the town and advertising on said benches does not exceed an area of twenty (20) square feet each.
8. Development Promotional And Directional Signs: One development promotional sign may be placed on the premises of each subdivision, master planned development or condominium project having four (4) or more lots or approved dwelling units. Said promotional sign may have an area of thirty two (32) square feet. A second development promotional sign may be placed on the premises of each subdivision, planned development or condominium project having two (2) or more separate, major points of access and having fifty (50) or more lots or approved dwelling units. Said promotional sign may have an area of thirty two (32) square feet. In addition, two (2) directional signs may be located off site to contain only the name and direction of any subdivision or master planned development. Said signs may have a maximum area of twelve (12) square feet each and shall not be located in the right of way of any public street. All of the signs in this subsection shall be removed not later than thirty (30) days following the sale of all lots or dwelling units in said development, and before a final inspection is granted by the building inspector.
9. Nameplates: One nameplate or marker shall be allowed for each dwelling to indicate only the occupant's name. Said nameplate shall not exceed two (2) square feet in area, and shall not contain an occupation designation.
F. Classification Of Signs: Every sign erected or proposed to be erected within the town shall be classified by the planning commission in accordance with the definitions of signs contained in this section. Any sign which does not clearly fall within one of the classifications shall be placed in the classification which the sign, in view of its design, location and purpose, most clearly approximates, in the opinion of the planning commission.
G. Agricultural And Residential Zones: No sign shall be erected in any agricultural or any residential zones except as provided within the provisions of the respective zoning districts as established in this title, except that certain special purpose signs may be erected in all zones in compliance with the provisions of subsection E of this section.
H. Commercial Zones: For each place of business or occupancy within a commercial zone, the following types of signs shall be permitted in conformance with the standards set forth:
1. Freestanding Signs Under Five Feet In Height: Appurtenant freestanding signs five feet (5') or less in height shall meet the following requirements:
a. Area: Area shall not exceed fifty (50) square feet.
b. Number: There may be one such sign for each frontage of the property, plus one additional sign for each one hundred foot (100') increment of said frontage in excess of two hundred feet (200'). Said signs shall be placed no closer than fifty feet (50') apart. In the case of a parcel of property having multiple occupancies with a common frontage, the frontage shall be deemed to be that of the entire commonly used parcel of property and not the frontage of the individual business or occupancies.
2. Freestanding Signs Over Five Feet In Height: Appurtenant, freestanding signs over five feet (5') in height shall comply with the following provisions:
a. Area: Shall not exceed one hundred (100) square feet.
b. Number: There may be one such sign on each street frontage and one additional sign for any portion of each such frontage in excess of three hundred feet (300').
c. Height: No such sign shall exceed fifteen feet (15') in height.
d. Projection: No such sign shall project over a property line, nor more than five feet (5') into any required front yard.
3. Wall Signs And Painted Wall Signs: Except as otherwise provided in this section, every wall sign and painted wall sign in a commercial zone shall comply with the following requirements:
a. Area: The maximum area shall not exceed twenty five percent (25%) of the wall on which the sign is painted or mounted.
b. Number: There may be two (2) such signs for each building face, the size to be determined by the planning commission. No building shall be deemed to have more than four (4) building faces.
c. Height: No part of any such sign shall extend above the top level of the wall upon, or in front of, which it is situated.
d. Projection: No such sign, including any light box or structural part, shall project more than eighteen inches (18") from the face of the part of the building to which it is attached. No copy is permitted on the sides of any such sign.
4. Roof Signs: Roof signs in commercial zones shall comply with the following requirements:
a. Area: The area of a roof sign shall not exceed twenty five percent (25%) of the wall face area under the roof in the direction the sign is facing, or one hundred (100) square feet, whichever is less.
b. Number: There shall be no more than one such sign for the roof of each business establishment.
c. Height: No part of any such sign shall extend more than five feet (5') above the highest point of the roof.
d. Projection: No part of any such sign shall project beyond the front line of the building.
e. Support: No roof sign shall be erected in such a manner that there is any visible support.
f. Animation: No part of any such sign shall have any animation.
I. Business (B) Zone: Signs permitted in the business (B) zone shall include freestanding signs under five feet (5'), and wall signs and painted wall signs, all in conformance with the following provisions:
1. Freestanding Signs Under Five Feet In Height: Freestanding signs under five feet (5') in height may be permitted in any business (B) zone in conformance with the following:
a. Area: The maximum area shall not exceed one hundred (100) square feet.
b. Number: There may be one such sign for each parcel of land in the business (B) zone.
c. Height: The maximum height of such sign shall be five feet (5').
2. Wall Signs And Painted Wall Signs: Wall signs and painted wall signs may be created in any business (B) zone as follows:
a. Area: Sign area shall not exceed twenty five percent (25%) of the wall on which the sign is painted or mounted.
b. Number: There shall be one such sign only on each face of the building which fronts upon a public street.
c. Height: No part of any such sign shall project above the wall or building face upon which it is mounted or painted.
d. Projection: No such sign, including any light box or structural part, shall project more than eighteen inches (18") from the face of the part of the building to which it is attached. No copy is permitted on the sides of any such sign.
J. Other Zones: For those zoning districts which do not have sign regulations as a part of the zone provisions, and for those which are not readily placed into classifications referred to in preceding subsections, the planning commission shall classify said zones as either: residential, agricultural, retail or business zones, depending upon the similarity of the characteristics and permitted uses of said zone to those already classified. When such a classification has been made by the planning commission, the sign provisions applying to the respective classification shall apply to said zones. (Ord., 1-18-2005; amd. 2007 Code)
K. Off Premises Advertising Structures:
1. Prohibition Of New Off Premises Signs: Except for off premises public information and logo signs meeting the size, shape, color and other requirements described in subsection K2 of this section, no permits shall be issued for the construction of off premises signs or outdoor advertising structures. All lawfully existing off premises signs and outdoor advertising structures are nonconforming uses in all zones of the town.
2. Public Information And Logo Signs: Off premises public information signs are permitted pursuant to this subsection for the purpose of directing the traveling public to points of interest, historical sites and other locations of interest, approved as such by the planning commission. Specifications for off premises information signs are set forth in the "Manual Of Uniform Traffic Control Devices", as adopted by the town and all such signs shall comply with these specifications. Off premises "logo" signs are permitted under this section for the purpose of directing the traveling and general public to business establishments which provide lodging, food, camping, gas or other services. Identified by the state department of transportation as the logo sign program, these signs shall comply with the following regulations:
a. Logo Sign Program: In constructing and maintaining a logo sign program of signs, the owner and installation contractor shall comply with and adhere to all applicable state and federal laws and regulations, and to UDOT policy and procedure. All signs that will be placed within the town, must be approved by the town planning commission prior to installation.
b. Logo Structures: All logo structures shall conform to specifications as shown in the state department of transportation approved drawings or must be approved by the planning commission. Directional signs shall not exceed forty two inches by forty eight inches (42" x 48") in size and accommodate no more than two (2) businesses.
c. Placement: Placement of logo signs within the town shall follow the guidelines outlined in any applicable contracts with the state department of transportation. Contractors shall obtain the necessary approval and permits from the town.
d. Height: No sign shall exceed twelve feet (12') from ground level.
e. Offset: In general, the offset (location) of the sign shall be set back equal to existing signage in the right of way. If no other signage exists, offsets shall be no less than eight feet (8'). All locations must be reviewed and approved by the town for traffic safety.
f. Design: Business logo sign design shall consist of the business name, trademark or symbol, provided it does not resemble any traffic sign, symbol or device. The business symbol, name, etc., must be consistent on all business signs for that business. Business logos will contain no supplemental advertising and be uniform in size. The size of the logo plates shall be eighteen inches by twenty four inches (18" x 24").
g. Number: There may not be more than one directional sign per type (camping, gas, lodging, food, etc.) per each location.
h. Removal: If any business which is participating in logo sign program closes, the logo for said business must be removed within fifteen (15) days from closure of said business. If said signs are declared to be a traffic hazard, they must be removed as determined by the town engineer. Failure to remove the sign within the fifteen (15) day period shall be unlawful, the sign shall be a nuisance, and the sign thereafter may be removed by the town and the expense of removal charged to the owner.
3. Acquisition Of Interests: The town may acquire title to off premises nonconforming signs or outdoor advertising structures by gift, purchase agreement, exchange or eminent domain, and shall have the right to amortize off premises nonconforming signs as permitted by state or federal law.
L. Nonconforming Signs:
1. On Premises Signs: All on premises or appurtenant signs which have been made nonconforming by the adoption of provisions contained within this title shall be subject to the following regulations:
a. Unsafe Signs: Any sign or portion thereof declared unsafe by a proper public authority must be restored to a safe condition or removed within thirty (30) days of mailing or otherwise given notice of the unsafe condition.
b. Alterations: A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless said sign is changed so as to conform to all provisions of this title. Alterations shall also mean changing of the text or message that the sign is conveying from one use of the premises to another use of the premises, and the changing of the ownership of the sign when that ownership necessitates a change in the text or message of the sign. Alterations shall not be interpreted to include changing the text or copy on off premises advertising signs, theater signs, outdoor billboards or other similar signs which are designed to accommodate changeable copy.
c. Restoration: Nonconforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, act of God, act of a public enemy, or damaged by any other cause, to the extent of more than sixty percent (60%) of its assessed value shall, if repaired or rebuilt, be repaired or rebuilt in conformity with the regulations of this title or shall be removed.
2. Off Premises Signs: All off premises signs which are made nonconforming uses by the provisions of this title shall be subject to the following:
a. Unsafe Signs: Any sign or portion thereof found or declared unsafe in a manner provided by law, which may be repaired without violating subsection L2b of this section, must be restored to a safe condition within thirty (30) days after the owner is given notice of the unsafe condition. Any sign not repaired as required and permitted by this subsection is unlawfully maintained and subject to the provisions of this subsection.
b. Alterations: All off premises signs and their supporting structures shall be kept in good appearance and condition with normal maintenance and repair (example: painting), but it shall be unlawful to reconstruct, raise, move, place, extend or enlarge such signs or the structure supporting such signs. Any sign altered contrary to the provisions of this subsection is unlawfully maintained and subject to the provisions of this subsection.
c. Deterioration And Abandonment: A nonconforming off premises sign or sign structure that ceases to be used for sign purposes for a period of one year shall be deemed abandoned on the grounds that: 1) the nonconforming use has been abandoned; 2) the nonconforming use has substantially changed; and/or 3) such other grounds as may be appropriate. Any sign or sign structure which is abandoned or in an unreasonable state of repair is unlawfully maintained and subject to immediate revocation of its permit and removal pursuant to the provisions of this title.
d. Termination Of Nonconforming Signs: Except where preempted by federal law, a sign permit for an existing off premises nonconforming sign shall terminate and the sign shall be removed pursuant to the provisions of this title on the date the owner of the sign has been able to recover or amortize the fair market value of the sign pursuant to state law. Using relevant information, including, but not limited to, information provided by the sign owner in the sign permit application, relevant aesthetic and traffic engineering information, and amortization periods used by other jurisdictions, the town may establish an amortization period and condemnation value for each nonconforming sign as of March 14, 1995, that balances the harm to the owner against the public good, without imposing an undue burden upon the owner. The amortization value may not be less than the condemnation value, but no more, and shall take into consideration the cost of operation to the owner over the amortization period. A sign maintained after expiration of the related permit, as described in this subsection, is unlawfully maintained and subject to revocation of its permit and removal.
M. Definitions: The following words and phrases, whenever used in this title, shall be construed as defined in this section:
A-FRAME SIGN: Any sign or structure composed of two (2) sign faces mounted or attached back to back in such a manner as to form a basically triangular vertical cross section through the faces.
ANIMATED SIGN: Any sign which is designed and constructed to give its message through movement or semblance of movement created through a sequence of progressive changes of parts, lights or degree of lighting.
APPURTENANT SIGN: See definition of On Premises Sign Or Appurtenant Sign.
BUILDING FACE: The visible outer surface of a main exterior wall of a building. The area of the face of the building shall be the total area of such surface, including the area of doors and windows which open into surface.
CANOPY: See definition of Marquee.
ERECT: To build, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post or display. Normal maintenance, including refinishing, is not included in this definition, provided the sign copy is not changed or altered.
FREESTANDING SIGN: Any sign that is standing on or erected into the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts or similar uprights, with or without braces. Any sign which is mounted into the ground, but has the supports passing through any portion of the roof of a building or structure, shall be considered to be a roof sign.
FRONTAGE: The length of the sides along the street or any other principal public thoroughfare, but not including such length along an alley, watercourse, railroad, street or thoroughfare with no permitted access.
MARQUEE: Means and includes any roofed structure attached to and supported by a building, and projecting over public property.
MOVABLE, FREESTANDING SIGN: Any sign not affixed to or erected into the ground.
NONAPPURTENANT SIGN: See definition of Off Premises Sign Or Nonappurtenant Sign.
OFF PREMISES SIGN OR NONAPPURTENANT SIGN: Any sign which advertises products, services or business establishments which are not located, conducted, manufactured or sold upon the same premises upon which the sign is erected.
ON PREMISES SIGN OR APPURTENANT SIGN: Any sign which advertises products, services or business establishments which are located, conducted, manufactured or sold on the same premises upon which the sign is erected.
OUTDOOR ADVERTISING STRUCTURE: A structure erected and maintained for outdoor advertising purposes upon which a poster, bill, printing or painting may be placed to advertise products, goods, services or business establishments located, conducted, manufactured or sold upon the premises on which the structure is erected.
PROJECTING SIGN: Any sign attached to a building or structural wall and extending horizontally outward from such wall more than eighteen inches (18").
PROPERTY: Land or real estate, with or without structures; not goods or services.
RESIDENTIAL ZONE OR DISTRICT: Any zone which is designated by the prefix "R" in this title.
ROOF SIGN: Any sign which is erected upon or over the roof or over a parapet of any building or structure.
SIGN: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, devices, designs, pictures, trade names or trademarks by which anything is made known, such as are used to designate a firm, association, corporation, profession, business or service, whether placed on the ground, rocks, trees, stumps or other natural objects, or on a building, wall, roof frame, support, fence or other manmade structure, which are visible from any public street, public highway or public road right of way. For the purpose of this title, the word "sign" does not include the flag, pennant or insignia of any nation, state, town or other political unit, or of a nonprofit organization. It shall not include, further, any official notice issued by any court, public body or officer, or directional warning or information sign or structure required or authorized by law.
SIGN AREA: The area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back to back or double face sign covering the same subject shall be computed when the signs are parallel or diverge from a common edge by an angle of not more than forty five degrees (45°). In relation to signs that do not have a frame or a separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display.
TIME AND TEMPERATURE DEVICE: Any mechanism that displays the time and/or temperature, but does not display any commercial advertising or identification.
WALL SIGN: Any sign posted or painted upon, suspended from or otherwise affixed to a wall, fascia, canopy or marquee in an essentially vertical position, or with exposed face of the sign in a place approximately parallel with the wall or fascia upon which it is attached.
WIND SIGN: Any propeller, whirligig or similar commercial device which is designed to flutter, rotate or display other movement under the influence of wind. This definition shall not include pennants, flags or banners. (Ord., 1-18-2005)