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Millcreek Together Code Update I Chapter 18.68 Signs v3 1 18.68 Signs 18.68.010 Purpose and Intent A. The purpose of this chapter is to eliminate excessive and confusing sign displays that create potential hazards to motorists, pedestrians, property, to improve appearance and views within the major transportation corridors by setting requirements for the location, design, number of, size, height and lighting of signs and to preserve and improve the aesthetic values, economic prosperity, and visual qualities of Millcreek. 18.68.020 Applicability A. Except as provided in this Title, a sign shall not be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, unless in conformity with the regulations specified in this chapter. B. Except for signs not regulated by this chapter, sign alterations that are in excess of 25% of the total sign face square footage shall require conformance to this title. Sign copy may be changed at any time without any additional approvals or permitting, providing the sign is not prohibited, no structural or electrical alterations are made to the sign, and the sign complies with applicable requirements of this chapter. C. Any sign allowed under this chapter may contain lawful sign copy that occupies the entire sign area or any portion hereof, and may be suitable for, or be combined with a logo. D. Other chapters of the zoning ordinance may have a reduced list of applicable signs. Notwithstanding signs located on public property, other chapter sign types shall be utilized over the listed types found in this chapter. 18.68.030 Prohibited Signs A. Signs not specifically allowed by this chapter are prohibited. Prohibited shall include, but not be limited to the following: Snipe, feather, blower machines, streamers/pennants, mobile signs, signs on vehicles parked within 20 feet (20’) of the public ROW, searchlights, pennants/streamers, inflatable, pedestal signs, and objects used to convey services or products sold on the premises that are located on a lot or parcel within 20 feet (20’) of the public right- of-way. B. Signs in Public Right-of-Way. No sign shall be located on publicly owned land or inside street rights-of-way except signs required and erected by permission of an authorized public agency. Prohibited Signs located on publicly owned lands or inside street rights-of-way include, but are not limited to, handbills, posters, advertisements or notices that are fastened, placed, posted, painted or attached in any way upon any object or structure located on publicly owned land or inside street rights-of-way. 18.68.040 Interpretation A. For the purposes of this chapter, properties that are separated by streets are not adjacent. B. The sign requirements contained in this chapter are declared to be the maximum allowable. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 2 C. Notwithstanding ordinances for signs located on public property, where other ordinances are in conflict with the provisions of this chapter, the most restrictive ordinance shall apply. D. In matters of interpretation, the provisions of this ordinance shall be interpreted by the Planning Director. 18.68.050 Conformity Required A. No person shall erect, alter, relocate, or modify any sign regulated by this chapter without first obtaining a sign permit and a building permit, if required. Signs that do not require a permit and are not regulated by this chapter are as follows: 1. Yard signs. 2. Signs located on school or church occupied property. 3. Interior signs, not including window signs. 4. Devices that only display time and/or temperature. 5. A sign that is set back back a minimum of 20 feet from the public right of way and not exceeding the maximum height allowed in the zone. 18.68.060 Approval of Sign Plans A. Comprehensive Sign Plan Required for New Development. When a land use application on a property is submitted to the City for a conditional use permit, a rezone where a development agreement is considered, or a site plan review for a new permitted use, it shall be accompanied by a complete comprehensive sign plan showing the following: 1. The location of all existing or proposed signs on the parcel of ground. 2. The sign type, height, area, and setback of each existing and proposed signs. 3. A conceptual rendering of each proposed sign. 4. Renderings or photos of existing signs. B. Approval of Signs within an Existing Development. When a separate sign application is submitted at a later date than the original land use application, the sign application shall include: 1. The sign type, height, area, and setback of each existing and proposed sign. 2. A conceptual rendering of each proposed sign. 3. A site plan showing the location of existing and proposed signs. 4. Building elevations showing any wall signs. 18.68.070 Size and Height Computation A. The following shall be used when calculating sign sizes: 1. When more than one use occupies a property, the frontage may be used to calculate the sign size for one total pole or projecting sign, not for each use. The total may then be divided between the uses. 2. There may be any number of flat or wall signs, provided the total of all flat or wall signs does not exceed the percentage of wall area coverage allowed. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 3 3. A property line which abuts an interstate highway may not be used in computing sign area. B. The height of pole and monument signs, except as otherwise specified in this chapter, shall be measured from the grade at the property line of the yard in which the sign is located. 18.68.080 Imprint Of Ownership Required A. The imprint of the sign owner and sign erector of all signs shall be in plain and public view. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 4 18.68.090 Sign Location Standards: A. Visibility at intersections: 1. For the purposes of this chapter, visibility at intersections is measured from the grade of the intersecting streets and located within the clear view of an intersection, which is a triangular area formed by the property lines and a line connecting them at points forty feet from the intersection or a driveway at a point formed by an extension of the two curb faces until they meet. 2. There shall be a minimum sign clearance of ten feet (10’) between the ground and any part of a projecting sign or pole sign, except as provided below: a. Any portion of a sign structure within the clear view of an intersection and nearer the ground than ten feet may not exceed ten inches in width, thickness, or diameter. b. A service sign located within the clear view of an intersection shall not exceed 30 inches in height measured from grade. Figure 18.68.1 Visibility diagram B. Traffic Hazard Prohibited. Signs or other advertising structures shall not be erected at the intersection of any streets or driveways in such manner as to obstruct free and clear vision, or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal device, or make use of the words "Stop," "Drive-in," "Danger," or any other words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse vehicle operators. 18.68.100 Design Standards: A. All signs shall use materials that emulate the adjacent building. B. All single pole signs where the pole is over 15 feet (15’) in height shall include pole covers and a sign base. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 5 C. All double pole signs over 10 feet (10’) in height shall use pole covers and base. D. Monument signs shall include a base of 25 percent (25%) or more of the sign’s height with materials and colors reflecting the adjacent building. E. Pan channel lettering for flat/wall signs is encouraged and shall be permitted to exceed the maximum allotted area for the zone an additional five percent 18.68.110 Signs Allowed in Zoning Districts A. The following tables describe which types of signs are permitted in each zoning district and provide size, location, height, and other relevant limitationswhich shall be applied in addition to the other standards of this Code. Table 18.68.111 Signs Allowed in All Zones Type Maximum Size Maximum Height Location Requirement Maximum Quantity Other General Construction/ development sign 32 sq. ft. plus 1 sq. ft. for each 10 ft. of frontage over 30’ not to exceed 64 sq. ft. per development 12’ • Minimum 5’ from the public ROW. One per development or subdivision. • Sign must be removed 6 months from issuance of a certificate of occupancy or final approval of a building permit. • No illumination allowed Construction/ development Sign for Subdivisions of 5 lots or more 32 sq. ft. plus 1 sq. ft. for each lot over 5 not to exceed 64 sq. ft. 12’ • Must be on the development site • Located on private property • Minimum of 5' from the public ROW. One per development or subdivision. • Sign must be removed 6 months from issuance of a certificate of occupancy or final approval of a building permit. • No illumination allowed Construction/ development Sign for Multifamily developments of more than 20 units 10’ vertical and 20’ horizontal 12’ On private property One per development or subdivision. • All signs must be approved by the planning commission for a period not to exceed one year. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 6 Table 18.68.111 Signs Allowed in All Zones Type Maximum Size Maximum Height Location Requirement Maximum Quantity Other • Approval may be renewed by the Planning Director. Nameplate sign 3 sq. ft. per use Attached to main structure. One per residential unit or business Backlit only Property sign 6 sq ft. 4’ • On private property and • a minimum of 5' from the public ROW. Two per development, per frontage. Directional / Circulation sign 6 sq ft. 3’ when freestanding • On private property and • a minimum of 5' from the public ROW. Two per development, per frontage. • Only permitted for non- residential uses • No illumination permitted. Table 18.68.112 Signs in Residential Zones FRE, R-1, R-2, R-4, RM, and MH/TH Zones) Type Maximum Size Maximum Height Location Maximum Quantity Other Monument sign 32 sq. ft. plus 1 sq. ft. for every 10’ of frontage over 30’ 6’ • On private property • Minimum of 5' from any property line One per street frontage • Only permitted for: o Nonresidential uses allowed in the zone o Residential structures with 5 or more dwelling units o Subdivisions with more than 5 lots • May be illuminated if: o Located on major arterial street and o Not directly shining onto a property occupied by a residential use. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 7 Table 18.68.112 Signs in Residential Zones FRE, R-1, R-2, R-4, RM, and MH/TH Zones) Type Maximum Size Maximum Height Location Maximum Quantity Other Flat/Wall sign • 5 % in FRE and R-1 zones • 15% of a wall area in all other residential zones Must be attached to a building One per street frontage • Only permitted for: o Nonresidential uses allowed in the zone o Residential uses with 5 or more dwelling units • Downlit illumination permitted if the sign is not exposed to adjacent properties occupied by a residential use. Table 18.68.113 Signs in Nonresidential Zones: M, MD, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other District sign 288 sq. ft. 26.5’ • Must be located on City Property Three within CCOZ • Not permitted in C, M, MD and IF Pole sign 48 sq. ft. plus 1 sq. ft. for each 4’ of street frontage over 30’, not to exceed 150 sq. ft. 20’ • 15’ from any property line • At least 100’ from any other pole or monument sign. One per street frontage. • Illumination may be built into or attached to signs. • No upward illumination is permitted. • If exposed to a residential use or zone on an adjacent property, the illumination of the sign requires conditional use approval. • Prohibited in CCOZ ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 8 Table 18.68.113 Signs in Nonresidential Zones: M, MD, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other Monument sign 32 sq. ft. plus 1 sq. ft. for every 4’ of frontage over 30’, not to exceed 64 sq. ft. 6’ in C,M, MD and IF 4’ in CCOZ • On private property • Minimum of 5' from any property line. • At least 50’ from any other pole or monument sign. One per every 300’ of street frontage or part thereof. Flat/Wall sign 20% of a wall area • Must be attached to a building. One per business per street frontage • Only permitted if an awning sign is not used. • Illumination permitted if the downlit or built into the letters. • No upward illumination permitted. Awning sign • 25% coverage of a first floor wall area • 50% of an awning may be covered with graphics May not extend above the top of the wall it is attached to. • Must be attached to a building. • 6’ maximum projection from building. • 8’ minimum clearance from the ground to the bottom of the awning. Up to 3 walls per building • An awning sign may only be used if a flat or wall sign is not used. • Primary graphics must be on street side or primary face of structure • No internal illumination permitted. Projecting / Blade sign • 12 sq. ft. • Maximum 42” width May not extend above the top of the wall it is attached to. • Must be attached to a building. • 6’ maximum projection from building. • 8’ minimum clearance from ground to bottom of sign One per entrance along frontage • Primary graphics must be on street side or primary face of structure • No illumination permitted Window sign 12 sq. ft. per use One per business per street frontage ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 9 18.68.120 Illuminated Signs A. A lighted sign shall not be installed which permits the light source to be seen by adjacent residential properties. All lighted signs shall direct their light downward to prevent dark sky illumination (see section MKZ 19.82.135 B. Such lights alleged to violate subsection A of this section by the adjacent property owners or the Zoning Administrator or designee may request a photometric assessment to measure the amount of light and to ascertain the validity of the alleged violation. If such measuring devices are available through the City, the City shall perform the assessment. If the City has no measuring devices, the complainant may provide an independent assessment though a qualified professional to the Zoning Administrator. If such light is determined to be in violation, the owner of the light shall take appropriate, corrective action as directed. C. Lighting for signs shall meet the following standards: 1. All illuminated signs: a. A lighted sign shall not be installed which permits the light source to be seen by adjacent residential properties. b. All lighted signs shall have stationary and constant lighting. Flashing, blinking, chasing or similarly changing lights are prohibited. c. The use of uplighting on signs is prohibited. All lighted signs shall direct their light downward. d. Light color temperature standard. All light sources used to illuminate signage shall have color temperature equal to or less than 3,000 degrees Kelvin (3,000°K). e. Luminance level standard. No sign shall have an illuminance level greater than 100 nits (100 candelas per square meter). f. Sign illumination curfew: Sign illumination shall be turned off or dimmed to 50% of the original illumination at midnight, or the close of the business, whichever is later. Sign illumination shall remain off or dimmed until one hour prior to sunrise or opening of business, whichever is earlier. 2. Externally illuminated signs: a. Lighting for externally illuminated signs shall be aimed and shielded so that light is directed only onto the sign face and does not trespass onto adjacent streets, roads or properties or into the night sky. b. Lighting for externally illuminated signs shall be mounted at the top of the sign or within two feet of the top of a building mounted sign. 3. Standards for internally illuminated signs: a. Lighting shall be limited to areas with text and logos areas. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 10 b. Internally illuminated signs shall use semiopaque materials for sign copy such that the light emanating from the sign is diffused. Transparent, clear, or pure white materials are not allowed for sign copy. Noncopy or logo portions of the sign background and graphics) shall be made of completely opaque material. 4. Standards for backlit signs: a. Backlit signs shall be designed such that the light source is not visible. b. Backlit signs shall be designed such that harsh, direct illumination does not emanate out of the sign. Rather, the backlighting shall only allow indirect illumination to emanate from the sign. For example, signs that create a "halo" effect around sign copy and logos are allowed. c. Backlit signs shall use low lumen light sources. 5. Violations. If an illuminated sign is alleged to violate the requirement of this Code, the Planning Director may request a photometric assessment to measure the amount of light and to ascertain the validity of the alleged violation. If such measuring devices are available through the City, the City shall perform the assessment. If the City has no measuring devices, the complainant may provide an independent assessment though a qualified professional to the Planning Director. If such light is determined to be in violation, the owner of the light shall take appropriate, corrective action as directed. 18.68.130 On- Premise Electronic Message Center (EMC) Requirements A. An electronic message center shall only display static images. An electronic message center shall not display scrolling text, video images, or scintillating images. Upward illumination in such displays is not allowed. Light source shall not be seen from adjacent residential properties (see section MKZ 19.82.135 B. The minimum image display duration shall be eight seconds. C. The maximum image transition duration shall be three seconds. Transitions from one static image shall fade out and fade or dissolve into the next static image without the use of flashing, animation, or movement. D. All electronic message centers shall be equipped with a sensor or other programmable device that automatically determines the ambient illumination and must be programmed to automatically dim according to ambient light conditions. E. The nighttime illuminance of an electronic message center shall not increase ambient lighting by more than 0.2 foot candles when measured as follows: 1. The measurement distance is determined by the following formula: a. (√Area of display x 10) = Measurement distance in feet. b. For example, a display of 25 square feet would be measured at a distance of 50’ since (√25 x 10)= 50. 2. Measurements shall be taken at the required distance perpendicular to the electronic message center face. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 11 3. An ambient light measurement shall be taken using a foot candle meter at the required distance with the sign turned off to a black screen. 4. Immediately following the ambient light measurement taken in the manner required by this subsection, an operating light measurement shall be taken from the same required distance with the sign turned on to a full white screen. Table 18.68.131 Electronic Message Center Allowances Zone Sign Type Allowable EMC size as a percentage of total allowable sign size per 18.68.100 Other MD Monument 50% May not be located within 100' of a residential use or zone C Monument 50% May not be located within 100' of a residential use or zone Pole 50% May not be located within 100' of a residential use or zone M Monument 70% May not be located within 100' of a residential use or zone Pole 50% May not be located within 100' of a residential use or zone CCOZ District 100% All other zones None NA EMC Not Permitted 18.68.140 Temporary signs Table 18.68.141 Temporary Signs Table Type Maximum Size Location Maximum Quantity Other Temporary attached • 50 sq. ft. not to exceed 30% of the first-floor building façade or, Attached to main structure Cumulative area of all temporary attached signs not to exceed the square footage ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 12 A. All temporary signs shall be located a minimum of 5’ back, or as noted for a particular temporary sign type, from the public ROW. B. Each business may have a temporary banner sign(s) located on the building with a total maximum square footage of 50 square feet unless the business encompasses a building face with over 150 linear feet. Such businesses may use up to 10% of the first-floor building face square footage, but at no time shall the combination of temporary signs equal more than 30% of the first-floor building face. Other banners located in the landscaping, at least 5’ from the property line, with temporary independent supports shall not exceed 20 square feet and shall conform to the time period specified in below. C. Any temporary, banner sign installed on a building face may continue for up to 6 months, except temporary grand opening signs installed on a building face may continue for up to 3 months. Grand-opening signs shall be allowed for any new business that obtains a new business license for the opening of a new establishment. A facility renovation requiring a building permit qualifies for a grand-opening sign. D. All other temporary signs, except A-frames, may be displayed for a total time period of 6 weeks during any calendar year. E. All A-frame signs shall be taken indoors at night or at the close of business. All A-frame signs shall be located at a minimum of at least one foot back from the public right of way. Only one A-frame sign is allowed per business, it shall include weights on the bottom, and be no larger than 6 square feet on one side. F. All temporary signs shall be maintained in good condition, without any frayed, ripped, tattered, or faded appearance issues. Such signs are meant to be temporary with a permanent sign installed as soon as possible. Table 18.68.141 Temporary Signs Table Type Maximum Size Location Maximum Quantity Other • 10% of the first-floor building face square footage for facades longer than 150’ listed in the maximum size permitted. Temporary freestanding 20 sq. ft. 5’ from property line The cumulative total of all temporary freestanding signs may not exceed 20 sq ft per business. A-frame 12 sq. ft. 1’ from ROW 1 per business Temporary Window Up to 50% of window may be covered No illumination permitted. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 13 G. Construction/development Project signs shall not exceed 32 square feet. Shall not be internally lit but may include external down lighting. Such signs shall not exceed 10’ in height. Such signs may be constructed of wood (including simulated wood products) or metal with painted advertising or other professional applications, excluding paper. Such signs shall be removed within 30 days of the final inspection or completion of the project. H. Temporary window signs shall be limited to a maximum of 50 percent coverage of window area. The 50 percent shall be calculated per façade or elevation. Where paint of marker is used on the window, the area shall be measured by creating the smallest rectilinear shape that completely contains the entire message. Where one window is completely covered in signage, another window of equal or greater size shall be left free of any window signs. I. Temporary signs for temporary uses, shall be attached to a food truck, food cart, ice cream truck, or any temporary structure approved for the temporary use. In addition, one A-frame sign is allowed subject to the standards in subsection E above. J. Yard signs are allowed on a temporary basis and may be displayed outdoors for up to 5 months. 18.68.150 Window Signs A. Permanent window signs shall be made from adhesive film and be used for privacy purposes or additional design for building facades. Permanent window signs may cover up to 100 percent of the window area. 18.68.160 Off-Premises Sign Requirements A. Off-premises signs erected along the interstate as defined by the State shall conform with the provisions of the Utah Outdoor Advertising Act. 18.68.170 Off-Premises Signs; Billboards A. Purpose. In keeping with the goals of the Millcreek General Plan to promote signs that are responsive to neighborhood character, and to improve the aesthetics of major streetscapes, the purpose of the billboard ordinance is to provide reasonable regulation of billboards in order reduce the heights and area of future billboards, mitigate negative impacts, promote safety, protect property values, and reduce impediments for economic development and redevelopment. It is the policy of Millcreek to reduce the number and combined square footage of billboards where feasible. B. Cap on Area of Billboards. The combined square footage of all billboards allowed in the City shall be limited to the combined square footage of billboards that are existing as defined herein as of December 27, 2013, within the C. boundaries of the city as it was incorporated and on December 28, 2016. This cap shall automatically decrease as billboards are annexed into a municipal jurisdiction or removed and not relocated. D. Billboards are only allowed in the C and M zones as a permitted use, subject the additional restrictions established in this chapter. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 14 E. Location. Billboards shall not be allowed in those locations listed in Subsection 6 of this chapter, below, notwithstanding the underlying zone. F. Size. Billboards shall not exceed 300 square feet, except as provided below: 1. Signs that are intended to be viewed from an Interstate freeway travel lane shall not exceed 672 square feet. 2. Signs oriented for viewing along State Street and located within 20 feet of the State Street right-of-way shall not exceed 672 square feet. G. Prohibited Locations. Billboards, notwithstanding the underlying zone, shall not be permitted anywhere within 100 feet of the Main Street right-of-way, east of Interstate 215, or within 500 feet of the following intersections, as measured as a radius from the nearest property line to the intersection right-of-way line: 1. 2000 East and 3300 South 2. 1100 East and 3900 South 3. 1300 East and 3900 South 4. 2300 East and 3900 South 5. 2300 East and Claybourne Avenue 6. Murray-Holladay Road and Highland Drive H. Height. The maximum height of a billboard shall be 32 feet above the grade level of the road, except as provided below: 1. Signs that are oriented for viewing on an Interstate freeway travel lane may have a maximum height of 50 feet, but in no event shall be greater than 25 feet above freeway grade level. 2. In the event that a billboard cannot be viewed from any residential zone, it may exceed 32 feet in height, up to a maximum height of 40 feet. In order to achieve the additional height, the billboard owner must certify as part of a building permit that the billboard meets the following requirements: a. The billboard is not visible from a ground-level vantage point on any property in a residential zone within 150 feet of the residential zone boundary, and b. The billboard must be situated on the same side of the street and within 50 feet of an existing building or buildings and have no greater height than the immediately adjacent building(s). I. Separation. The minimum distance between all billboards on the same side of the street shall be 500 lineal feet as measured along the same side of the street including intersections. All billboards must be at least 250 radial feet from any other billboard located on the opposite side of the street from where a new sign is to be located. J. Setbacks. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 15 1. Setbacks from Rights-of-Way. The minimum setback shall be 5 feet to the leading edge of a billboard, including all structural and service support elements The billboard's front-yard setback shall be measured from the future right-of-way line as indicated on the Transportation Master Plan. The closest edge of a billboard shall not project into any required setback area. 2. Setbacks from property line. The minimum setback from any property line shall be five feet to the leading edge of the billboard, including all structural and service support elements. 3. Setbacks from on-premise pole signs. The minimum setback between a billboard and any on-premise pole sign shall be 100 feet. 4. Setbacks from A, R-1, R-2, R-4, and RM Zones. The minimum setback between a billboard and any residential zone boundary shall be one hundred fifty feet. The minimum setback of a billboard may be reduced to 100 feet if the billboard owner certifies as part of a building permit that no portion of the proposed billboard is visible from any ground level vantage point on a property in an A, R-1, R-2, R-4, or RM zone that is within 150 feet of the proposed sign, as measured from the zone boundary line. K. Lighting. The use of uplighting is prohibited. All lights shall direct their light downward and shall be shielded so that the lighting is confined to the sign face and the lighting source is not directly visible from any ground-level vantage point. L. Design. Billboards shall utilize either the "mono-pole" or the "bi-pole" design and shall be continually maintained structurally and on the sign face. The back of any single-faced billboard and the structure behind the sign shall be painted a dark color. The billboard owner shall make a good faith effort to design the billboard so as to reduce and minimize the visual bulk and mass of the pole and other structural elements of the billboard. Internally illuminated billboards, electronic display, digital display, LED display, video display billboards and electronic message centers are only allowed immediately adjacent to the Interstate 15 and shall be limited to no more than one change to the copy face in a twenty-four- hour period. Two- decked billboards are prohibited in all zones. M. Maintenance. All billboards, including the entirety of the sign area and all structural supports, shall be continuously maintained by the billboard company. Any area under the sign and all structural supports shall be continuously maintained and kept free of all animal droppings or other environmental and safety hazards by the billboard owner or the lessor of the land. N. Relocation of Billboards to Accommodate Redevelopment. In order to accommodate the redevelopment of sites within a community reinvestment area, or any site in the city that is at least one acre in size, the City may allow the following deviations from the standards in this chapter: 1. The minimum separation distance between billboards may be reduced to 400 lineal feet as measured along the same side of the street including intersections and may be reduced to 150 radial feet from any other billboard. 2. The maximum height of a billboard may be increased to 40 feet in height, subject to the standards established above. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 16 O. Credits for Removal. 1. Prior to the removal of any billboard, the owner shall obtain a permit for the demolition of the billboard. Permits may be provided following application to the City. After any billboard is removed, the City shall create a "billboard bank account" for the sign owner. 2. The account shall solely reflect credits for the billboard advertising space square footage as well as the date of removal, and the street address from which the billboard was removed. Any billboard credits not used within thirty-six months of their creation shall expire and be of no further value or use. 3. A billboard owner may sell or otherwise transfer billboards and/or billboard bank account credits. 4. The transfer of any billboard bank account credits does not extend their thirty-six- month life as provided in this section. Removal of a billboard that has two in-use advertising faces shall receive billboard bank account credits for the square footage of each sign face. 5. Credits may not be used to enlarge any non-conforming billboard or conforming billboard , other than those billboard located immediately adjacent to the Interstate 15 freeway, along State Street, or within 20 feet of the State Street right-of-way. P. Relocation. 1. The owner of an existing billboard may remove an existing billboard from any site to an approved location only after a permit for relocation is obtained upon substantiation of compliance with this chapter. 2. Prior to approval of a permit for relocation, the billboard owner (applicant) shall submit to the City a complete copy of the completed and signed lease agreement or other document to be signed by the property owner, indicating at a minimum the duration of the lease Additionally, prior to approval of a permit for relocation, the City shall by letter inform the affected community council chair and planning commission chair that application for a billboard permit has been received. 3. If a sign is to be relocated within 600 feet of a community district boundary, the city shall inform the affected community council chairs of each community district. 4. Billboards moved to approved locations shall conform to all billboard requirements of the new location. 5. Billboards moved from one location to another must be installed in the new approved location within the period allotted by the International Building Code (IBC). 6. A new billboard permit shall only be issued if the applicant has billboard bank account credits of a sufficient number of advertising face square feet for the billboard to be constructed. 7. When the permit for construction of a new billboard is issued, the City shall deduct from the sign owner's billboard bank account the advertising face square footage used for the new billboard. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 17 8. If the new billboard uses less than the entire available square footage credits, any remaining square footage credits shall remain in the sign owner's billboard bank account. Q. Notice Required for Billboards Relocated Subject to State Statute. 1. If the City receives written notice, electronic or otherwise, from a billboard owner to invoke intent, rights or benefits of any kind under Section 2(a) of UCA 10-9a-513 or under any other or future State Statute that applies in any manner to billboards or outdoor advertising, the City shall provide written notice of such request or intent to all property owners of record located within 500 feet of the property to which the sign is to be relocated or erected. 2. Property owner notices shall be sent via first class mail within one week of receipt of notice from the billboard owner, and a copy of the notice shall be sent to the billboard owner. R. Business Licenses Required for Billboards. Each billboard operator shall obtain a business license and paying the required fee as established in the Millcreek fee schedule. S. Severability and Conflict. This section and its various parts are hereby declared to be severable if a court of competent jurisdiction declares any subsection, clause, provision or portion of this section invalid or unconstitutional. No court decision will affect the validity of either this section as a whole or any parts not declared invalid or unconstitutional by that decision. If any part of this section is found to be in conflict with any other provision of the City, the most restrictive or highest standard will apply, prevail and govern. 18.68.180 Maintenance; Removal Of Sign A. All signs and advertising structures shall be maintained in good condition. B. After a verbal notification, non-maintained signs or advertising copy, that are not removed or repaired within the required thirty days, the owner(s) shall be given written notice sent by certified mail. If not removed by the owner within ten (10) days, the sign or copy may be removed by the City at the expense of the owner. C. Vacant signs. 1. Signs relating to a product no longer available for purchase, or to a business which has closed or moved, shall be removed or the advertising copy removed within thirty days of such unavailability. 2. Empty signs frames shall either be replaced with new signs for an active business or removed within 6 months from the time the sign area becomes vacant. 3. If removal does not occur voluntarily, after appropriate notice is given, the entire sign and support structure shall be taken down by the owner or may be removed by the City and all costs incurred shall be the responsibility of the property owner. 18.68.190 Non-Conforming Signs A. Alterations: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 18 1. A nonconforming sign shall not be altered, reconstructed, raised, moved, placed, extended, or enlarged, unless said sign is changed so as to conform to all provisions of this Code. All alterations shall require conformance to the provisions of this Code including any physical changes to the sign panel or the sign cabinet itself. Exclusions from this requirement are as follows: a. Face changes b. Normal maintenance and repair c. Copy changes in signs with a changeable copy feature d. Architectural enhancements to existing multi-tenant pole signs in conjunction with a building façade remodel. The building façade remodel must be at least 25 percent of the front façade of the building. Overall height, size, and shape of the sign shall not be increased. 2. Any sign serving a property but that is located within or projects into the existing public right-of-way shall be made conforming when the sign is altered or when a conditional use permit, subdivision approval, rezone, or site plan approval for a new building is issued. B. Restoration. Nonconforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, act of nature, or act of a public enemy, or damaged by any other cause, to the extent of more than 50 percent of their assessed value shall, if repaired or rebuilt be repaired or rebuilt in conformity with the regulations of this Code. 18.68.200 Iconic Signs A. The City has recognized the following iconic signs: 1. Tres Hombres non-rectilinear sign at 3298 S Highland Dr. 2. Bowling Sign at 1376 E 3300 S 3. Artesian Springs sign 4197 Main St. 4. Villa Theatre Sign 3092 S Highland 5. Dr. England Plumbing 1009 E 3300 S B. An iconic sign may not be removed unless updated or rebuilt with the exact specifications of the original sign. C. Iconic sign shapes may not be altered. D. Electronic message centers may not be incorporated into an iconic sign. 18.68.210 Action To Remove Or Abate Violation A. The City Attorney shall be empowered to institute any appropriate action or proceeding in any case where any sign is erected, constructed, reconstructed, altered, repaired, converted or maintained, or in any case where any sign is used in violation of any City ordinance, to accomplish the following purposes: 1. To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 19 2. To restrain, to correct or abate such violation; 3. To abate and remove unsafe or dangerous signs. If an unsafe or dangerous sign is not repaired or made safe within ten working days after giving notice as provided in subsection B of this section, the building inspector or Zoning Administrator may at once abate and remove the sign, and the person having charge, control or benefit of any such sign shall pay to the City costs incurred in such removal within thirty calendar days after written notice of the costs is mailed to such person. 4. Fines may also be imposed as per section MKZ 19.94.040 B. Notice by the City shall mean written notice sent by certified mail to persons having charge or control or benefit of any sign found by the Building Inspector or Zoning Administrator to be unsafe. 18.68.220 Definitions A. As used in this chapter: "A-frame sign" means a sign constructed of wood, plastic, or metal, have a solid surface for written advertising with two sides not exceeding 6 square feet on a side attached at the top to allow the sign to stand in an upright position weighted or anchored sufficiently at the bottom to prevent blow overs and to be movable at will. "Alterations" means a change or rearrangement in the structural parts or design whether by extending on a side, by increasing in area or height, or by relocating or change in position. "Animated sign" means a sign which induces motion or rotation of any part by mechanical, or artificial means, or subdued color changes. An animated sign is not an EMC sign. "Animation" means simulated movement created by the display of a series of pictures or images, creating the illusion of movement. "Awning sign" means a sign designed in awning form that is an illuminated or nonilluminated space frame structure attached to a building or other permanent structure. "Billboard bank" means an accounting system established by the City to keep track of the number of billboard signs and the square footage of each billboard sign removed pursuant to MKZ Section 19.82.185 of this chapter. "Billboard credit" means an entry into a billboard owner's billboard bank account that indicates the number of billboard sign locations and the square footage of each billboard sign. "Billboard owner" means the owner of a billboard in Millcreek. "Billboard" means a free-standing ground sign with a sign face of at least 128 square feet in area and with a height of at least 30 feet, or a ground sign regulated under the Utah Outdoor Advertising Act or the Municipal Land Use, Development, and Management Act. Billboards are supported by a substantial permanent monopole or bipole support structure. Billboards are typically owned by nongovernmental entities or leased separately from the principal buildings or uses on the property upon which they are located and are larger and/or taller than any sign expressly permitted by this title. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 20 “Blower machine” machine means a mechanical device for creating a current of air used to inflate an inflatable sign. "Construction/development sign" means a sign located on a lot where construction or proposed development activities are being actively conducted and which is not permanently attached to a structure of the ground. A construction/development sign does not include a snipe sign, a feather sign, blower machines, streamers/pennants, mobile sign, a sign on a vehicle, or objects used to convey services or products. "Dissolve" means an image transition effect accomplished by varying the image intensity or pattern, where the first image gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the subsequent image. “Directional / Circulation Sign” means a means any sign which gives directions or instructions for the control of vehicular or pedestrian traffic and shall include an entry and exit sign. “District sign” means a ground sign located on City-owned property that is owned and operated by the City, or by a third party entity under an agreement with the City. "Electronic message center" or "EMC" means a mechanism or device which uses a combination of lights, or lighted or unlighted panels which are controlled electrically with software and electronically to produce words, symbols, pictures or messages which may change within a given panel area. "Embellishment, cut-out or extension" means an extension of the billboard resulting in increased square footage as part of an artistic design to convey a specific message or advertisement. "Existing billboard" means a billboard that is either constructed, or for which an application for a land use permit was received and approved by the planning department and state authorities where necessary, prior to May 18, 2004. "Fade" means an image transition effect accomplished by varying the intensity of the image, where the first image gradually reduces intensity to the point of not being legible and the subsequent image gradually increases intensity to the point of legibility. “Flag” means an item made of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol or emblem of a country or institution. “Feather” sign means a temporary sign independently standing or attached to a structure with a vertical banner. "Flashing sign" means a sign which has or appears to have motion or rotation of the lighting elements or displays flashing or intermittent light for less than two seconds. "Flat/wall sign" means a sign erected parallel to and attached to the outside wall of a building and extending not more than twenty-four inches from such wall with messages or copy on the face side only. "Footcandle" means the English unit of measurement for illuminance, which is equal to one lumen, incident upon an area of one foot. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 21 “Handbill” means any written or printed notice distributed by hand for the purpose of communication, including but not limited to any pamphlet, booklet or leaflet. “Iconic sign” means a sign having significant historical character and that has acted as a landmark in the City and specifically included in the iconic sign section of this chapter. "Illuminance" means the photometric quantity most closely associated with the perception of brightness and a measurement of the intensity of light falling on a surface at a given distance from the light source. "Illuminated sign" means a sign which has characters, letters, figures, designs or outlines illuminated by internal electric lights or luminous tubes. "Image" means the display of text, numbers or the likeness of an object or living thing of any type on an EMC. "Image display duration" means the period of time that an image remains static. "Image transition duration" means the period of time in which one image changes to another on an electronic message center. “Inflatable” is an object or sign that is filled with air before use. "Interior sign" means a sign located within a building so as to be primarily visible only from within the building in which the sign is located. "Mobile sign" means a sign mounted on trailer or frame, lighted or unlighted, which is not permanently attached to a structure or the ground. "Monument sign" means a low-profile sign which is incorporated into the landscape or architectural design scheme where the sign is located. "Nameplate sign" means a sign indicating the name and/or occupation of a person legally occupying the premises or indicating a legal home occupation thereon. "Nonconforming billboard" means an existing billboard that is located in a zoning district or otherwise situated in a way that is not permitted by the provisions of this chapter. "Nonconforming sign or sign structure" means a sign or sign structure or portion thereof lawfully existing at the effective date of this chapter or any amendment hereto has been maintained continuously, and because of one or more subsequent changes to this chapter does not conform to regulations that now govern the sign. “Pan Channel letters” are custom-made metal or plastic letters commonly used in exterior, and often internally illuminated. "Pedestal sign" means a temporary and/or movable sign supported by a column(s) and a base so as to allow the sign to stand in an upright position. "Pole sign" means a sign supported by a fixed permanent frame/pole support in the ground. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 22 “Poster” means any placard or similar device attached to some fixed object whereby any advertisement or notice is publicly displayed. "Projecting/blade sign" means a sign attached to a building or canopy and extending in whole or part more than twenty-four inches beyond any wall of the building or canopy. "Roof sign" means an on premises sign which is erected and attached partly or wholly on the roof of the building. "Scintillate" or "scintillating" means light flashes, light sparkling, light starbursts, light twinkling, light pulsating or any other image transition effect or animation in which an image instantly and repeatedly changes for the purpose of attracting attention. “Searchlight” a powerful outdoor electric light with a concentrated beam that can be turned in the required direction. "Service sign" means a sign that is incidental to a use lawfully occupying the property upon which the sign is located and which sign is necessary to provide information to the public, such as direction to parking lots, location of restrooms, entrance and exits, etc. "Sign" means and includes every advertising message, announcement, declaration, demonstration, display, illustration, light display, insignia surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service. "Sign" also includes the sign structure supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers. "Sign area" means 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-faced sign shall be computed when signs are parallel or diverge from a common edge by an angle of not more than forty-five degrees. 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 rectilinear line with a maximum of eight sides, triangle or circle large enough to frame the display. Sign areas in the shape of a sphere, prism, cylinder, cone, pyramid, square or other such shapes shall be computed as one-half of the total surface area. “Sign clearance” means the vertical distance from finished grade directly below the sign to the bottom of the lowest attached component of the sign, exclusive of any supporting structure. "Sign maintenance" means that signs shall be maintained in a safe, presentable and good condition, including the replacement of defective parts, repainting, rust removal, replacement or removal of empty frames, cleaning and other acts required for the maintenance of the sign. Good condition means signs shall not display rust, peeling paint, broken parts, discoloration, bent metal including frames, and empty or broken panels. "Sign setback" means the minimum distance that any portion of a sign or sign structure shall be from any street right-of-way line. "Sign structure" means anything constructed or erected supporting a sign which requires location on or below the ground or attached to something having location on or below the ground. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs v3 23 "Snipe sign" means a sign which is attached to a public utility pole, light fixture poles, canopy supports, or the supports for another sign. "Static" means no motion of any type or form. “Streamers/Pennants” Decorations made from paper, cloth, canvas, light fabric, plastic, or other light materials used for decoration on a property or building. "Temporary sign," means a sign constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames and is restricted to section 19.82.140 of this title. “Temporary window sign” means a temporary sign located on or within the window of a building and is restricted to MKZ section 19.82.140 of this title. "Time and temperature device" means any mechanism that displays the time and/or temperature but does not display any commercial advertising or identification. "Video" means simulated movement created by the display of a series of images creating the illusion of continuous movement. "Window sign" means a sign attached and located on a window so as to be visible from outside the building through a window or door. “Yard sign” means a temporary sign located in a residential area placed upon or supported by the ground independently of any other sign on the property.