A. Prohibition: As of August 20, 2001, off premises signs shall not be allowed as either a permitted or conditional use within the jurisdictional boundaries of the city. Off premises signs legally existing on August 20, 2001, may continue as a nonconforming use, and may be:
1. Maintained or restored, or repaired in event the structure is damaged by casualty, act of God, or vandalism, all in accordance with the requirements of section 10-9-511, Utah Code Annotated, as amended; or
2. Relocated in accordance with the requirements of subsection C of this section.
B. Replacement: A nonconforming off premises sign structure may be replaced in order to structurally improve the structure by the owner of the sign at the same location with a new sign structure, provided that the following conditions are met:
1. The new sign or sign structure shall not exceed the height or square footage of the sign face or sign structure being replaced.
2. A landscaped front yard setback meeting the following requirements shall be installed and maintained on the lot or parcel upon which the sign is located:
a. The landscaped setback shall be, at a minimum, the depth of the setback required for parking lots in the respective zone where the sign is located.
b. The landscaped setback shall be along the full frontage of the lot or parcel where the sign is located and meet the landscaping requirements of the zoning ordinance.
c. Maintenance of the landscaping shall be the responsibility of the property owner of the lot or parcel on which the sign is located.
d. If the landscaping setback is not already installed, a financial guarantee, guaranteeing installation of the landscaping and meeting the requirements of section 15-13-23 of this code, shall be provided.
e. Notwithstanding the above, a landscaped setback shall not be required for any sign on a lot or parcel which abuts I-15 or any sign designated in the cap and replace program.
3. The sign and sign structure shall include physical additions, or other accepted design elements, which reasonably discourage birds from roosting on the sign structure.
4. A sign permit for the replacement structure must be obtained by the owner of the sign prior to the removal of the old structure and the new structure installed during the time period allowed by the permit in order to benefit from this provision.
C. Cap And Replace Program:
1. In order to take advantage of the provisions of the cap and replace program the owner of any off premises sign must be a program participant. A "program participant" shall mean a person owning one or more off premises signs within the city who has sought the benefits of this subsection, commonly referred to as "Ogden City's cap and replace program for off premises signs", by voluntarily agreeing and identifying in writing the signs that will be involved in this program and agreeing in writing to comply with the provisions of this subsection. The program participant shall also agree that they will, in matters of relocation that may accrue to such owner under title 72, chapter 7, part 5, outdoor advertising act, section 10-9a-513, Utah Code Annotated or other similar provisions under state law, as to identified off premises signs owned by the program participant within the city, first seek relocation based on the cap and replace program standards. Such agreement shall be in a form approved by the director and the city attorney.
2. A nonconforming off premises sign structure owned by a program participant and placed in the cap and replace program by the program participant may be relocated pursuant to this subsection provided there is no resulting increase in the total number of off premises signs that presently exist in Ogden City as of November 1, 2006. That total number of allowable signs shall be reduced by the number of off premises signs that lose their nonconforming right or the complying signs of the cap and replace program that lose their rights due to abandonment or removal without timely replacement or relocation. Relocation pursuant to this subsection will be allowed if all of the following conditions are met:
a. The relocation of off premises signs shall be allowed to occur only in the following approved locations:
(1) 12th Street from the west city limits to Washington Boulevard;
(2) Wall Avenue from 9th Street to 20th Street on the west side of the street, from 9th Street to 18th Street on the east side of the street and from 27th Street to 36th Street on both sides of the street;
(3) Commercial zones along Washington Boulevard excluding the west side of the street from 18th Street to 20th Street and both sides of the street from 20th Street to 27th Street. An off premises sign which is solely electronic message display or animated and attached to the building and does not extend above the cornice of the building may be allowed on Washington Boulevard between 20th and 27th Streets upon approval of the planning commission of size and location of the sign on the building. The planning commission review will be to determine that important features of the building are not covered up and that the size of the sign is not out of character with the scale of the building to which the sign is attached;
(4) Commercial zones along Harrisville Road;
(5) 1900 West;
(6) Midland Drive;
(7) Pennsylvania Avenue;
(8) I-15 corridor according to the state regulations;
(9) 20th Street and 21st Street west of Wall Avenue;
(10) 31st Street from 1900 West to Washington Boulevard; or
(11) On adjacent property of the existing sign on the same or on the other side of the street, one lot either direction parallel of the existing sign provided property is zoned commercial or manufacturing.
(12) Riverdale Road from its intersection with Washington Boulevard southwest to 36th Street.
b. Off premises signs moved to approved locations shall conform with all sign requirements listed in this section as well as the requirements of this title. When an off premises sign is to be relocated a permit for the approved relocation is required and removal of the off premises sign in the nonconforming location must take place prior to the use of the new sign. If relocation is not planned during the normal time frame of a permit the sign owner may obtain a sign credit permit at the time of removal of the nonconforming sign which will specify the size and height of the sign being removed and allow the replacement sign permit to be issued in conformance with this section within five (5) years from the time of receiving the credit permit, with the ability to receive one 5-year extension of said permit upon request to the community and economic development department prior to the expiration of the credit permit. If the off premises sign is not reconstructed at the new location under a sign permit issued in the five (5) year time frame or its approved extension the ability to relocate the specific off premises sign is forfeited, and the previously issued permit shall terminate and expire.
c. When an off premises sign is relocated to any of the above allowed locations the sign must conform with all of the following requirements:
(1) The square footage of the relocated off premises sign shall not be larger than the square footage of the off premises sign which is being removed. If a larger square footage sign of up to a maximum of six hundred seventy five (675) square feet is desired and the sign removed was not equal size, the program participant may determine to remove multiple smaller signs whose combined square footage will meet six hundred seventy five (675) square feet and thus reduce the number of signs credited in exchange for a larger sign that equals the maximum square footage allowed.
(2) Any relocated off premises sign shall have a minimum linear spacing of five hundred feet (500') from any existing off premises sign.
(3) The height of the relocated off premises sign shall be restricted to a maximum height of fifty feet (50') or twenty five feet (25') above the adjacent road surface whichever is greater.
D. Meeting Locations Option: Relocations of off premises signs occurring pursuant to title 72, chapter 7, part 5, outdoor advertising act, and section 10-9a-513, Utah Code Annotated, or other similar provisions under state law, by other than a program participant shall consider the requirements of subsections C2a and C2c(1) and C2c(2) of this section, as meeting the mutually agreed upon locations option as identified in state law.
(Ord. 2001-52, 7-17-2001, eff. 8-20-2001; amd. Ord. 2002-47, 8-27-2002; Ord. 2006-77, 11-28-2006; Ord. 2011-35, 6-21-2011; Ord. 2015-48, 11-17-2015)