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18-1-9: SIGN REMOVAL; NONCONFORMING SIGNS:
   A.   Building Official Authority: If a sign does not conform with the requirements of this title, or if a sign should have been removed pursuant to subsections B through E of this section, or if a sign does not comply with section 18-1-7 of this chapter, the building official shall proceed in any manner he/she deems necessary to cause the removal of the sign or the rebuilding of the sign to conform with the requirements of this title or to remedy the defects therein.
   B.   Occupant Duty:
      1.   Any person occupying a building or portion of a building, and who owns or maintains a sign in connection therewith, shall upon vacating the premises or discontinuing the business advertised:
         a.   Cause the sign and structure to be removed; or
         b.   Maintain the sign structure and sign copy area in good condition except where the business advertised has relocated, in which case the owner of the sign shall replace the sign copy area with a solid, blank sign copy area.
      2.   Any person who owns and maintains a building on which a sign is erected for the benefit of another person occupying the building or portion of the building shall, if the person for whom the sign was erected vacates the premises or discontinues the business advertised:
         a.   Cause the sign and structure to be removed; or
         b.   Maintain the sign structure and sign copy area in good condition except where the business advertised has relocated, in which case the building owner shall replace the sign copy area with a solid, blank sign copy area.
      3.   It is a violation of this title, which shall subject the owner of the sign and the owner of the building to the penalties provided in section 18-1-11 of this chapter, for the owner of a sign or for the person responsible for maintaining a sign to:
         a.   Fail to maintain a sign as required by this section or, when the business advertised has relocated, to replace the sign copy area with a solid blank sign copy area within thirty (30) days after the premises have been vacated; or
         b.   Fail to remove the sign and structure within thirty (30) days after the premises have been vacated if the sign and sign structure will not be maintained.
      4.   It is a violation of this title for any person occupying a building or portion of a building with an existing sign structure that has been allowed to remain under this provision to fail to remove the structure within thirty (30) days of occupying the building if the occupant does not use the sign structure for signage purposes.
   C.   Abandoned: Any sign determined to be abandoned shall be removed within thirty (30) days of notification by certified mail from the building official to the property owner and/or owner of the business advertisement and/or owner of the sign. If any notification sent by certified mail is refused by the recipient, the recipient shall be deemed to have received notification.
   D.   Removal Of Nonconforming Signs:
      1.   Any sign not in conformance with the provisions of the zoning title or the provisions of this title, or which was erected or installed without a required permit, shall be removed within thirty (30) days upon notification from the building official.
      2.   Nonconforming signs or structures for which required permits were previously issued and which are made nonconforming by the provisions of the zoning title or the provisions of chapter 3 of this title shall be permitted to remain. Under no circumstances shall nonconforming signs or structures be remodeled or replaced, unless otherwise permitted under the zoning title, this title or the provisions of section 10-9a-511 Utah Code Annotated.
      3.   For purposes of this subsection, "nonconforming" shall mean any existing sign or sign structure that:
         a.   Legally existed before its current designation or classification under chapter 3 of this title or a provision of the zoning title;
         b.   Has been maintained continuously since the time the regulation governing the sign has changed; and
         c.   Because of subsequent changes under chapter 3 of this title or a provision of the zoning title, does not conform with the regulations that now govern the sign or structure.
   E.   Dangerous Condition: Any existing sign or sign structure determined by the building official by reason of its construction, design, manner of use, method of anchoring or support, to be in such a condition so as to endanger life, health, property or safety of the public or the occupants of surrounding buildings shall be considered to be a public nuisance and a dangerous building under title 16, chapter 8 of this code and subject to abatement under such provisions.
   F.   Roof Mounted Signs: A nonconforming roof mounted business sign may be replaced at the same location with a new roof mounted business sign structure, provided that:
      1.   The new sign or sign structure shall not exceed the height or square footage of the sign face or sign structure being replaced; and
      2.   The design character of the existing sign and sign structure shall be maintained, i.e., open channel lettering shall not be replaced with a solid sign area.
(1979 Code §§ 15.12.020, 15.12.050, 15.12.060; amd. Ord. 94-95, 11-15-1994; 1999 Code; Ord. 2001-57, 10-9-2001; Ord. 2006-77, 11-28-2006; Ord. 2009-46, 6-23-2009)