A. Purpose: The purpose of this section is to promote and protect the public health, safety and welfare of the general public by implementing outdoor advertising regulations to protect property values, create an attractive economic and business climate and enhance the aesthetic appearance of the community, and ensure that the constitutionally guaranteed right of free expression is protected. It is further intended to reduce signs or advertising distractions and obstructions that may contribute to clutter or traffic accidents.
B. Permit Requirements:
1. It is unlawful for any person to erect, construct, alter or relocate any sign, other than such signs specifically described in subsection H, "Exempted Signs", of this section, without first obtaining a permit. Routine maintenance or repairing existing like parts shall not be considered an alteration; provided, that such change does not alter the surface dimensions, height, message, or otherwise make the sign nonconforming.
2. Application for the permit shall be made to the CDD or designated planning staff member and shall include the following:
a. The name, address and telephone number of the applicant, owner and occupant of the property.
b. Location of the structure or parcel of property on which the sign will be attached or erected.
c. Position of the sign in relation to nearby buildings, structures, property lines, rights of way and roads.
d. A copy of plans and specifications showing material and method of construction, illumination, electrical wiring, location and support.
e. Sketch showing sign faces, exposed surfaces and proposed message, accurately represented in scale as to size, area, proportions and color.
f. The name of the person erecting the sign.
g. Written consent of the owner of the building, structure or land on which the sign is to be erected.
h. On any application for a temporary sign, the applicant shall list the earliest date on which the sign may be established and the date on which the sign shall be removed.
3. Before granting a permit under this subsection, every applicant shall pay the required permit fee to the county for each sign.
4. The CDD or designated planning staff member shall approve, approve with conditions, or deny the sign permit within thirty (30) days from the date of the submittal of a complete application.
C. Sign Design: It is recognized that it is desirable to have some diversity of sign design within the Snyderville Basin. However, it is also desirable to ensure that materials and color schemes used on signs shall be compatible with the image of the Snyderville Basin community and mountain environment.
D. Comprehensive Sign Plans: Uses that are subject to the provisions of a previously approved comprehensive sign plan may choose to continue the use of that sign plan, or if all parties to the comprehensive sign plan agree in writing to no longer utilize the comprehensive sign plan, they may comply with the provisions of this section. In no case may a combination of a comprehensive sign plan and the provisions of this section be used together.
E. Permitted Signs:
1. Nonresidential Signs: The following types of signs are allowed for permanent, nonresidential uses. Signs permitted under this regulation are intended to identify the use located on the premises upon which the sign is located.
2. Definitions: For the purposes of this section, the following definitions will be used:
MULTIPLE USES: Any lot, building, or other structure or tract of land that has been designated for multiple nonresidential uses, through the approval of a development permit.
SINGLE USE: Any lot, building, or other structure or tract of land that has been designated for one nonresidential use, through the approval of a development permit.
3. Types Of Signs:
a. Freestanding Sign: Freestanding signs are supported by poles, braces, or uprights extending from the ground or an object on the ground and are not attached to any part of a building. All freestanding signs shall comply with the following:
(1) Number Of Signs: One freestanding sign shall be permitted for each separate primary vehicular access to the parcel, up to a maximum of two (2) signs. The primary vehicular access is that access located adjacent to the primary parking area.
(2) Location/Setbacks: Freestanding signs shall be located adjacent to the primary vehicular access to the parcel. In no case shall a freestanding, on premises sign encroach into a road right of way, nor shall any sign be situated near an intersection in such a manner so as to interfere with vehicular sight distance. These signs shall be set back at least fifteen feet (15') from the edge of the right of way.
(3) Monument Base: All freestanding, on premises signs shall be constructed with a monument base. A base of stone or wood is preferable.
(4) Display Area Size: The display area of all freestanding, on premises signs for a single use shall not exceed thirty (30) square feet in size. The display area of all freestanding, on premises signs for a parcel containing multiple uses shall not exceed forty five (45) square feet. The display area of a sign, which may be double sided, shall include any architectural embellishments or background materials that are an integral part of the display and intended to help attract attention to the sign.
(5) Height: In no case shall the highest point of a freestanding, on premises sign be more than six feet (6') above the grade elevation at the base of the sign.
(6) Materials: Freestanding signs shall be constructed of wood, stone or other natural materials. Plastic, lexan or similar materials are allowed for individual letters only.
(7) Landscaped Area: All freestanding, on premises signs shall be located within a landscaped area. Landscaping, including shrubs, perennials, trees, other appropriate vegetative materials, and landscape boulders where appropriate, shall be designed in a manner that minimizes the visual impact of the sign, without blocking the view of the sign from the specific area from which it is intended to be seen, or adversely affecting pedestrian and vehicular sight distance. Designs that integrate the sign into the land form should be considered.
b. Primary Wall Sign, Secondary Wall Sign, Projecting Sign, Suspended Sign, And Awning Sign: Each nonresidential use may choose to utilize three (3) out of the five (5) types of signs, as described below. In no case may two (2) or more of the same types of signs be used per each use.
(1) Wall Mounted Signs: Wall mounted signs are those signs that are attached to or painted on the wall of a building, the display surface of the sign being parallel to the wall of the building on which the sign is placed.
(A) Primary Wall Sign: A wall sign that is located on the facade of the building that contains the primary access to the particular use. A primary wall mounted sign shall not exceed one square foot of sign area for each two (2) linear feet of building facade frontage, up to a maximum of sixty (60) square feet.
In the case of multiple users in one building, the frontage shall include the length of the individual suite that is exposed to the exterior of the building where the primary access to the use is located. In no case shall the primary wall sign be less than ten (10) square feet in size.
In cases where a use does not contain exterior exposure to a building for the purposes of measuring sign area, that use may have a ten (10) square foot sign.
(i) Size Exception: In the case of a single building where at least one facade is two hundred fifty (250) linear feet in length or more, the maximum size of the primary wall sign may not exceed seventy five (75) square feet.
(ii) Location Exception: In the case of a single building where at least one facade is two hundred fifty (250) linear feet in length or more, the primary wall sign may be located as deemed appropriate by the entity requesting the sign.
(B) Secondary Wall Sign: A sign that is located on a building facade that is separate from the facade on which the primary wall sign is located. A secondary wall sign shall not exceed a maximum of one-half (1/2) the size of the permitted primary wall sign.
(C) Display Area: The area of all wall mounted business signs shall be the extreme limits of the display surface. The display surface includes any architectural embellishments or background materials that are an integral part of the display and used to differentiate the sign from its surroundings.
(D) Wall Mounted Signs: Wall mounted signs shall not project out more than six inches (6") from the wall on which they are mounted.
(E) Materials: Wall mounted signs shall be wood, metal, other natural materials, or painted on the side of the building. Plastic, lexan, or similar materials are allowed for individual letters only.
(2) Projecting Signs: Projecting signs are supported by a building or other structure and project out from the building or structure over the sidewalks, lawns, or similar areas in a manner that the display area is generally perpendicular to the face of the building or structure.
(A) Size: Projecting signs shall not exceed eight (8) square feet.
(B) Display Area: The area of a projecting sign shall be the extreme limits of the display surface. The display surface also includes any architectural embellishments or background materials that are an integral part of the display and used to differentiate the sign from its surroundings.
(C) Height: Signs which project over a pedestrian walkway shall allow at least seven and one-half feet (7.5') of clearance between the bottom of the sign and the ground. Hanging signs may be illuminated; provided, that only indirect lighting is utilized, and that the light source does not interfere with pedestrian or vehicular traffic.
(D) Materials: Projecting signs shall be constructed of wood, metal or similar material. Plastic, lexan or similar materials are allowed for individual letters only.
(3) Suspended Sign: A sign that is suspended parallel or perpendicular from a building roof, facade, porch, or other structural element by brackets, hooks, or chains.
(A) Size: Suspended signs shall not exceed eight (8) square feet.
(B) Display Area: The area of a suspended sign shall be the extreme limits of the display surface. The display surface also includes any architectural embellishments or background materials that are an integral part of the display and used to differentiate the sign from its surroundings.
(C) Height: Suspended signs shall allow at least seven and one-half feet (7.5') of clearance between the bottom of the sign and the ground. Suspended signs may be illuminated; provided, that only indirect lighting is utilized, and that the light source does not interfere with pedestrian or vehicular traffic.
(D) Materials: Suspended signs shall be constructed of wood, metal or similar material. Plastic, lexan or similar materials are allowed for individual letters only.
(4) Awning Signs: Awning signs are comprised of letters and logos that are placed on the valance of the awning.
(A) The words and logos on any awning sign shall not exceed nine inches (9") in height.
(B) Backlighted awnings are prohibited.
c. Subdivisions, Multi-Family Dwellings, And Residential Condominium Complex Signs: These signs are intended to state the name of a subdivision, multi-family development, or residential condominium complex.
(1) Freestanding Signs: One freestanding sign shall be permitted for each separate primary vehicular access to a subdivision, multi-family dwelling development, or residential condominium complex. All freestanding signs shall comply with the following:
(A) Monument Base: All freestanding, on premises signs shall be constructed with a monument base. A base of stone or wood is preferable.
(B) Display Area Size: The display area of all freestanding, on premises signs shall not exceed thirty (30) square feet in size. The display area of a sign, which may be double sided, shall include any architectural embellishments or background materials that are an integral part of the display and intended to help attract attention to the sign (see illustration 1 of this section).
(C) Height: In no case shall the highest point of a freestanding, on premises sign be more than six feet (6') above the grade elevation at the base of the sign.
(D) Materials: Freestanding signs shall be constructed of wood, stone or other natural materials. Plastic, lexan or similar materials are allowed for individual letters only.
(E) Landscaped Area: All freestanding, on premises signs shall be located within a landscaped area. Landscaping, including shrubs, perennials, trees, other appropriate vegetative material, and landscape boulders where appropriate, shall be designed in a manner that minimizes the visual impact of the sign, without blocking the view of the sign from the specific area from which it is intended to be seen, or adversely affecting pedestrian and vehicular sight distance. Designs that integrate the sign into the land form should be considered.
(F) Setbacks: In no case shall a freestanding, on premises sign encroach into a road right of way, nor shall any sign be situated near an intersection in such a manner so as to interfere with vehicular sight distance. These signs shall be set back at least fifteen feet (15') from the edge of the right of way.
d. Temporary Signs: "Temporary sign" means any sign or advertising display constructed of cloth, wood, canvas, light fabric, paper or other materials with or without frames intended to be displayed for a limited time period and not permanently affixed to the ground.
(1) General Provisions For All Temporary Signs: The following shall apply to all temporary signs as outlined herein:
(A) Signs shall be removed as specified herein, unless otherwise indicated in this section. There are no time frames for noncommercial opinion signs.
(B) Signs may only be located on private property and may not encroach into the right of way, nor impede pedestrian traffic.
(C) Signs shall not be attached to utility poles, fences, trees, or other similar objects.
(D) Illumination of temporary signs is prohibited.
(E) All temporary signs must be subordinate to and be positioned in such a way so that any permanent signage on the same property remains visible.
(F) Temporary signs must be properly maintained at all times. Any faded, torn, ripped, detached, defaced or otherwise damaged sign must be promptly repaired, replaced, or removed.
(G) A low impact permit is required for a temporary sign prior to installation, unless otherwise exempted in this section.
(2) Temporary Signs Allowed Without A Permit In All Zones:
(A) Noncommercial Opinion Signs: Noncommercial opinion signs are subject to all requirements and provisions of the Utah state code annotated and other laws as may be applicable. Such signs are regulated as follows:
(i) Residential Properties: Residential properties are permitted nine (9) square feet of a sign area, not to exceed three feet (3') in height. The sign square footage may be split between two (2) or more signs, but the total square footage may not exceed nine (9) square feet.
(ii) Nonresidential Properties: Nonresidential properties are permitted six (6) square feet of sign area, not to exceed three feet (3') in height. The sign square footage may be split between two (2) or more signs, but the total square footage may not exceed six (6) square feet.
(B) Properties Subject To Development Or Construction: Properties which have an approved subdivision plat, site plan, or other type of development permit upon which construction or development is occurring are subject to the following:
(i) Signs may not exceed a maximum of twenty (20) square feet.
(ii) Signs may only be freestanding and must be made of a rigid material. Banners or other similar signs applied to cloth, paper, flexible plastic, or fabric of any kind are not permitted.
(iii) Signs may not exceed six feet (6') in height, measured from the top of the sign to the grade directly below.
(iv) One sign is allowed per street frontage. These signs must be located on the parcel that is subject to the approved development permit and may not encroach into the right of way, nor impede pedestrian traffic.
(v) Such sign(s) shall be removed within one year after the issuance of the final building permit for the development.
(C) Properties Subject To Sale, Lease, Rent, Or Auction: Properties subject to sale, lease, rent, or auction shall be allowed one on premises sign of one of the following types, and associated off premises signs according to the following:
(i) On Premises Signs:
(a) One T-shaped post sign (see illustration 1 of this section), one yard sign (see illustration 2 of this section), or one window sign (see illustration 3 of this section) subject to the following:
• In the case of a T-shaped post sign, the sign hanging from the T-shaped post shall be a maximum of nine (9) square feet. Yard signs and window signs may not exceed nine (9) square feet in size.
• T-shaped post signs and yard signs may not exceed six feet (6') in height, measured from the top of the sign to the grade directly below.
• These signs must be located on the property that is subject to sale, lease, rent, or auction and out of the right of way.
• These signs are allowed for the duration of the property's sale, lease, rent, or auction.
(ii) Off Premises Signs:
(a) Such signs may be used to direct traffic to a property for sale, lease, rent, or auction, subject to the following:
• These signs may be displayed thirty (30) minutes prior to a representative or property owner being at the property that is subject to sale, lease, rent, or auction.
• These signs may be displayed in the county right of way as long as they are not disruptive to the regular flow of traffic.
• These signs may not be displayed overnight.
(3) Temporary Signs Requiring A Permit On Nonresidential Properties: A nonresidential use may apply for one temporary sign, subject to the following:
(A) These signs may be displayed up to four (4) times per calendar year, for a period not to exceed ten (10) days in length. These periods may run consecutively.
(B) Signs may not exceed a maximum size of twenty (20) square feet.
(C) Freestanding temporary signs may not exceed six feet (6') in height, measured from the top of the sign to the grade directly below. Signs attached to a building may not exceed fifteen feet (15') in height, measured from the top of the sign to the grade directly below.
(D) One temporary sign is allowed for each nonresidential use.
(E) These signs must be located on the parcel on which the entity requesting the sign is located and may not encroach into the right of way, nor impede pedestrian traffic.
F. Sign Illumination:
1. Exposed neon tubing and/or individual light bulbs forming the sign copy shall not be permitted on any sign, unless otherwise allowed in this section.
2. Backlit full sign face illuminated signs are prohibited.
3. Light may be cast directly onto the face of the sign by an external light source. In such instances, the light must be focused on the sign face only, provided that such illumination does not adversely affect pedestrian and/or vehicular traffic.
4. Backlighting through individual routed letters/copy or through the material that comprises the letters/copy in the sign face is permitted as long as the light source is screened from public view.
5. No interior light source shall be visible to the exterior.
G. Prohibited Signs And Devices: The following signs shall be prohibited in the Snyderville Basin:
1. Changeable Copy Signs: A sign whose informational content can be changed or altered on a fixed surface composed of electrically illuminated or mechanically driven changeable segments, unless required by federal law.
2. Flashing Signs: Any illuminated sign on which the light is not maintained stationary or constant in intensity and color at all times when it is in use.
3. Roof Mounted Signs: A sign that is mounted on the roof of a structure, or signs that project above the highest point of a roofline.
4. Moving Signs: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement.
5. Pennants, Banners, Ribbons, Etc.: Strings of pennants, banners, ribbons, streamers, balloons, spinners, or other similar moving or fluttering or inflated devices and searchlights.
6. Signs Imitating Official Traffic Signs: Signs imitating official traffic signs in any manner which are visible from public areas.
7. Portable Signs: Portable signs not permanently affixed to the ground, except as otherwise provided in this section.
8. Mobile Signs: Signs attached to stationary vehicles, equipment, trailers and related devices, when used in a manner to augment approved signage for a business as opposed to normal operation or parking of the vehicle or device.
9. Obstructing Signs: Signs which, by reason of size, location, content, coloring or manner of illumination, obstruct the vision of motorists or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on any road or street, as determined by the CDD or designated planning staff member or the county sheriff.
10. Hazardous Signs: Any sign or sign structure which constitutes a hazard to public health or safety, as determined by the CDD or designated planning staff member or the county sheriff.
11. Signs On Public Property: Signs on trees, utility poles, and on public property, other than public information signs.
12. Off Premises Directional Signs: Off premises directional signs may be approved as a temporary sign when an event or activity is situated in such a manner that its location is obstructed from public view, so long as that sign is compatible with all other regulations herein.
13. Condition Of Sign: Any sign for which the sign message face has been removed or destroyed, leaving only the supporting frame or other components, and said condition exists for more than thirty (30) days is prohibited and shall be removed.
H. Exempted Signs: These signs are exempt from obtaining a low impact permit; however, they must still comply with the following guidelines:
1. Informational Signs: Signs which are not more than six (6) square feet and no more than four feet (4') in height and which are used to direct vehicular and pedestrian traffic or to direct parking and traffic circulation on private property. Advertising is not permitted on these signs. Informational signs shall contain no advertising material or message. These signs shall not be permitted in a right of way or required setback area.
2. Public Signs: Legal notices, identification, informational or directional signs erected or required by governmental bodies, or authorized by the county for public purposes which meet the requirements of these guidelines, except provisions prohibiting said signs in the rights of way.
3. Public Regulatory Signs: All public regulatory signs located in the county which meet all the state requirements.
4. Interior Signs: Signs located on the interior of any building, or within an enclosed lobby of any building or group of buildings and which cannot readily be seen from the exterior of the building, which signs are designed and located to be viewed exclusively by the patron of such use or uses.
5. Utility Signs: Signs of public utility or cable television companies which show the locations of underground facilities.
6. Street Address And Identifications Signs: Signs whose content includes only the name or professional title of the occupant and address of the premises. Such signs shall not exceed two (2) square feet. The sign shall be limited to flush mounted or window type signs and one per premises. These signs shall not be permitted in a right of way.
7. Customer Information Signs: Customer information signs located on or in close proximity to the building and outside of required setback areas may display such items as "credit cards accepted", prices and menus, and each sign shall not exceed two (2) square feet in area.
8. Flags: Each development area that contains a single use may have no more than three (3) freestanding flagpoles at any time. Each development area that contains multiple uses may have no more than three (3) freestanding flagpoles at any time. Flagpoles are restricted to only flying one flag per pole. The maximum size of any one flag shall be twenty four (24) square feet. Flagpoles may not exceed twenty eight feet (28') in height, measured from the top of the pole to the grade directly below. Uplighting of all flags, except the flag of the United States Of America, is prohibited.
9. Window Signs: Window signs shall not exceed twenty five percent (25%) of the area of a single window in which it is placed. A single window is any window, or section of windows, that is separated from another window by twelve inches (12") or more. Any door with windows is always considered a separate window. Window signs may not be combined in order to gain a larger sign for one particular window (see illustration 4 of this section).
10. Neon Signs: Neon signs, where the light source is on the external face of the sign: One neon sign is allowed for each nonresidential use to be located on the inside of any window. These signs may not exceed four (4) square feet and may not flash or be animated in any manner. Neon signs are considered window signs and may not exceed twenty five percent (25%) of the area of the window in which they are placed.
11. Project Identification Banners On Light Poles: These signs are only allowed in multiple use developments and may be located on more than fifty percent (50%) of the total number of light poles within a development. Banners may not exceed eight (8) square feet in size.
I. Nonconforming Signs: Within the zone districts established in this title, there may be existing signs which were lawfully established before the adoption of this title, but which are now prohibited, regulated, or restricted. It is the intent of this section to allow these signs to remain until such time as they are removed or otherwise brought into conformance with this title.
1. Property Owner Responsibility: The property owner bears the burden of establishing that any nonconforming sign lawfully exists.
2. Enlargement Of Nonconforming Signs: A nonconforming sign may not be enlarged in any way unless it conforms to the provisions contained in this title.
3. Location: Signs conforming to the provisions of this section may be erected on a parcel that contains a nonconforming sign(s); however, the new sign(s) must be a different type than the existing nonconforming sign(s) (i.e., if the nonconforming sign is a freestanding sign, a conforming freestanding sign may not be erected).
4. Alterations: A nonconforming sign may be altered to decrease its nonconformity.
5. Maintenance And Repair Of Nonconforming Signs: Nothing in this section shall be construed to relieve the owner of use of a nonconforming sign, or owner of the property on which such nonconforming sign is located, from maintaining the sign in a state of good repair; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming. Routine maintenance or changing like parts shall not be considered an alteration; provided, that such change does not alter the surface dimension, height, message, or otherwise make the sign nonconforming.
6. Removal Of Nonconforming Signs: If a nonconforming sign is demolished or removed at the will of the property owner, any subsequent sign shall thereafter be required to conform to the regulations specified in this title for the zone district in which it is located.
7. Destroyed Signs: If a nonconforming sign is destroyed by fire or other natural cause, it may be replaced. If the sign is not repaired or replaced within one year from the date of loss, it shall not be reconstructed or replaced except in conformance with the provisions of this title.
8. Sign Removal: If the cost of the nonconforming sign is valued at less than one hundred dollars ($100.00), the sign shall be removed. Sign value shall be determined based on an actual sales receipt for the sign or a cost estimate for the replacement cost provided by a qualified professional.
9. Billboard Removal: Nothing in this section shall be deemed to prohibit the county from removing a billboard without providing just compensation in accordance with the procedures set forth in this subsection, if the county manager provides reasonable notice of the proceedings and, following a public hearing, finds:
a. The applicant made a false or misleading statement in any application to the county necessary to establish or change the billboard;
b. The billboard is unsafe or presents a hazard to persons or property;
c. The billboard is in a state of disrepair; or
d. The billboard has been abandoned for at least twelve (12) months.
J. Enforcement:
1. The CDD or designated planning staff member shall be responsible for enforcing the provisions of the sign regulations established herein.
2. Violation of the sign provisions established herein shall result in punishment in accordance with the provisions of this title and state law.
3. If signs not conforming to the requirements of this title are located within a public right of way, county personnel may remove and impound those signs if notice to remove the signs has been sent to the property owner and they have failed to comply with that notice.
K. Measuring Sign Area:
FREESTANDING SIGN
Calculate sign area by size of imaginary panel drawn around copy. Do not calculate embellishment or monument background.
Calculate sign area by size of actual oval panel surrounding copy. Do not calculate embellishment or monument background.
BUILDING FACADE FRONTAGE
The length of the individual suite that is exposed to the exterior of the building where the primary access to the use is located.
WALL MOUNTED SIGN
Calculate sign area by size of actual background panel surrounding the sign copy.
Calculate sign area by size of imaginary panel drawn around copy.
MIXED CASE LETTERING
Draw imaginary panel around either uppercase or lower case letters, but not both.
L. Types Of Signs:
(Ord. 769, 8-1-2012)