A. Signs Associated With New Development: Development projects which are intended to contain signage shall identify and be reviewed for a sign allowance as a part of the development review according to the following:
1. Sign Allowance Approval: All development applications for nonresidential projects shall also be approved, as a part of the application for site plan approval, for the development's desired sign allowance. Development sign allowance approval need only identify the location and size of all on site permanent signs. Signage allowance approval shall not constitute approval of a sign permit. All signage shall require application for and approval of a sign permit prior to installation.
2. Master Sign Program Approval: Nonresidential multi-tenant developments shall pursue development signage approval by way of a master sign program as a part of the application for site plan approval. Master sign program approval need only identify the location and size of all desired on site permanent signs for each unit, pad, or business within the development. The master sign program shall also include details regarding a signage theme. Approval of a master sign program shall not constitute approval of a sign permit. All signage shall require application for and approval of a sign permit prior to installation.
3. Amendments: Amendments to approved sign allowances or master sign programs shall be approved by the Zoning Administrator if the amendments fully comply with this chapter. Amendments which do not fully conform to this chapter may be reviewed for possible approval by the Planning Commission by way of a site plan amendment.
B. Signs Not Associated With New Development: Signs associated with an existing building or developments, or for new developments that do not have an approved sign allowance, need only pursue a sign permit and will be reviewed by the Zoning Administrator or their designee based on independent sign allowances for each sign.
C. Sign Permit Review:
1. Sign Permit Required: Unless otherwise provided by this chapter, every sign within the City shall require a sign permit prior to its erection, installation, or use. Such permit is separate and distinct from any building permit or other permit that may be required by applicable provisions of this Code.
2. Conditions Of Permit Issuance:
a. If a specific occupancy or use displays an illegal or nonconforming sign, a new sign permit may not be issued for that occupancy or use without modifications to or removal of the nonconforming sign resulting in conformity with the provisions of this chapter.
b. If there is a requesting tenant having an illegal or nonconforming sign displayed within a multi-tenant development or shopping center, new permits may not be issued for that space without modifications or removal of nonconforming signs resulting in conformity with the provisions of this chapter.
c. A permit for a freestanding sign may be issued for a multi- tenant building, development, or shopping center, provided the terms thereof specify modification or removal of all nonconforming freestanding signs resulting in conformity with the provisions of this chapter.
D. Applications For Sign Permit:
1. Sign Permit Application: To obtain a permit, the applicant must submit a complete sign permit application to the Community Development Department on a form prescribed by the City. A sign permit application may include all signs associated with a property that has received site plan or plat approval, or has a master sign program associated with approved development guidelines. The application must be accompanied by the information specified in this section. Additional information may be required on a case specific basis when determined to be necessary to verify the engineering or construction of the sign or to assure the health, safety, and general welfare of the community, tenant, or business.
2. Submission Requirements: The following drawings and information must be submitted with each sign permit application based on the type of permit requested:
a. Monument And Freestanding Signs:
(1) Two (2) copies of a plot plan for the entire site, drawn to scale, showing the distance of the sign to all buildings, dimensioned property lines, and sign setbacks from public and private rights-of-way, intersections, easements, and driveways.
(2) Two (2) fully dimensioned, scaled elevation drawings showing height, color, area dimensions, sign design, type of illumination, and aesthetics of the sign as will appear from the street. Elevations must be provided for all four (4) sides of the sign.
(3) One complete set of detail drawings of the sign's construction including name of sign maker, electrical plan, foundation scheme, and name of the licensed contractor who will install the sign.
b. Wall Signs:
(1) Two (2) fully dimensioned, scaled elevation drawings showing the linear and area dimensions of the sign and the building elevation on which the sign is to be placed, color, sign design, type of illumination, and aesthetics of the sign as will appear from the street.
(2) Details of the sign's construction and attachment to the wall or building, including an electrical plan, the name of sign maker, and the name of the licensed contractor who will install the sign.
c. Temporary Signs:
(1) Two (2) fully dimensioned, scaled elevation drawings showing the linear and area dimensions of the sign and the building elevation on which the sign is to be placed, color, sign design, and aesthetics of the sign as it will appear from the street.
(2) Statements related to the length of time for display.
d. Change Of Sign Face:
(1) Two (2) fully dimensioned, scaled elevation drawings showing the linear and area dimensions of the sign and the building or structure elevation on which the sign is to be placed, color, and sign design as it will appear on the building or sign structure.
e. Additional Information Required: The following information shall be required for all sign permit applications:
(1) Written consent of the owner, lessee, agent, or trustee having charge of the building or property on which the sign is proposed to be located.
(2) Proof of application for or issuance of a current Draper City business license.
(3) Address and phone number of the property owner, lessee, agent, or trustee having charge of the building or property on which the sign is proposed to be located.
(4) The license number, phone number, and address for the general or electrical contractor who will install the sign.
3. Permits In Conformance: Permits authorizing the use, construction, reconstruction, or alteration of any sign may be withheld when inadequate information is submitted to determine if the proposed action is in conformance with the provisions of this chapter.
E. Review And Approval Procedures:
1. Permit Issued: Upon submittal, the application will be reviewed for conformance with the standards of this chapter. A permit will be issued, provided the proposed sign meets all applicable requirements of this chapter and the required fees are paid.
2. Inspections: All signs for which a permit is required shall be subject to the following inspections:
a. A footing or structural inspection on all freestanding signs;
b. An electrical inspection on all illuminated signs;
c. An inspection of braces, anchors, supports, and connections on all wall signs; and
d. A final inspection to ensure the sign has been located and constructed according to the approved sign permit.
3. Inspection Markings And Tags:
a. Certification Tags: Each permanent and temporary sign requiring a sign permit shall have a certification tag issued by the community development department affixed to the sign.
b. Tag Number And Date: Each certification tag shall be of weatherproof material and will have a tag number and date which corresponds to the issuance date and permit number.
c. Tag Installation: The Draper City inspector shall apply tags only to signs for which a permit has been issued at a designated place on the sign where it may be readily seen by Draper City inspectors. The tag certifies to the community development department that the placement and construction of the signs are in conformance with representations made in permit applications and that the work is completed.
F. Permit Fees: Sign permit fees shall be assessed according to the current Draper City consolidated fee schedule. When a permit is obtained in order to voluntarily bring a legal nonconforming sign into compliance with the terms of this chapter, there will be no fees assessed to the permit.
G. 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. 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. Sign A 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.
H. Enforcement:
1. Violations: If the zoning administrator finds a sign for which a permit has been issued violates any applicable provision of this chapter, the administrator shall pursue correction of the violation, including revocation of the permit and removal of the sign, at the cost of the permit holder, as outlined in this subsection.
2. Penalties For Violations: Any person, firm, corporation, or entity violating any provision of this chapter or failing to comply with any regulation hereunder shall be considered a violation of this title, punishable as outlined in section 9-7-060 of this title.
3. Revocation Of A Sign Permit: The zoning administrator may, in writing, revoke a sign permit issued under provisions of this section, upon determining that the sign was constructed in violation of the terms of this chapter, the permit was issued on the basis of a material omission or misstatement of fact, or the permit was issued in violation of this chapter. Revocation of a sign permit which is to include or involve removal of a sign shall also comply with the provisions of subsection H4 of this section.
a. Notice: Notice of the zoning administrator's decision to revoke a sign permit shall be served to the holder of the permit:
(1) By delivering in person a copy of the notice to the holder of the permit, or their agent when specified;
(2) By leaving a copy of the notice with any person in charge of the premises; or
(3) In the event no such person can be found on the premises, by the certified mailing of a copy of the notice to the permit holder.
b. Illegal Sign: If no appeal has been made at the end of the fifteen (15) days, the permit will be considered revoked and the sign illegal. The zoning administrator shall then initiate the process for the removal of the illegal sign at the permit holder's cost.
4. Removal Of Signs:
a. Authority: The zoning administrator is hereby authorized to require removal of any sign.
(1) Written Notice: 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:
(A) The notice period for permanent signs shall be fourteen (14) days.
(B) The notice period for temporary signs shall be forty eight (48) hours.
(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 submit the violations to the city prosecutor for prosecution.
(4) Continuing 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.
b. 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.
c. Safety Hazard: Notwithstanding other provisions of this subsection H4, 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.
d. Costs Of Corrective Action: The costs of removal of a sign by the city shall be borne by the owner of the sign.
5. Cost Of Enforcement: The city shall be entitled to recover all costs incurred, including attorney fees, in the enforcement of actions under this chapter and in accordance with Utah Code Annotated sections 10-9a-802 and 803, as amended.
6. Liability For Damages: The provisions of this chapter shall not be construed to relieve or limit in any way, the responsibility or liability of any person, firm, or corporation which erects or owns any sign for personal injury or property damage caused by the sign. In addition, this chapter shall not be construed to impose upon the city, its officers, or its employees any responsibility or liability by reason of the approval of any sign under the provisions of this chapter.
I. Appeal: An applicant for a sign permit or a permit holder may appeal the decision of the zoning administrator to revoke the permit to the appeals and variance hearing officer by filing an appeal application within fifteen (15) days of the date when the notice was served or the date of the certified mailing.
(Ord. 963, 2-15-2011; amd. Ord. 1351, 9-18-2018; Ord. 1408, 10-15-2019)