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1 Last Updated: 10-29-18 Red Text – Proposed Changes, Strikethrough - Proposed Removals, Black – No changes Chapter 19.82 - SIGNS 19.82.010 - Purpose. The purpose of this chapter is to eliminate excessive and confusing sign displays that create potential hazards to motorists, pedestrians, property, and also to improve appearance and views within the major transportation corridors maintain a responsible communication system by setting requirements for the location, type, number of, size, height and lighting of signs that will be compatible with adjoining land uses, architecture and landscape, and that will and to preserve and improve the aesthetic values, economic prosperity, and visual qualities of Millcreek City. 19.82.020 – Definitions (to be moved to the definitions chapter, but here temporarily for review). As used in this chapter: "A-frame sign" means a sign constructed of wood, plastic, or metal, have a solid surface for written advertising temporary and/or movable sign constructed with two sides not exceeding 6 square feet on a side attached at the top so as 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. "Advertising sign." See "off-premises sign." "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. "Balloon sign" means advertisement a temporary sign attached to real or personal property with the purpose of effect or attraction to an object or site. supported by a balloon anchored to the premises where the advertised use is conducted, product or commodity sold, service performed, or business name is located. "Beacon light" or searchlight means: a. Any light with one or more beams, capable of being directed in any direction or directions, or capable of being revolved automatically; or b. A fixed or flashing high-intensity light, such as a spotlight, a floodlight, or a strobe light. c. "Beacon light" shall not includes searchlights. "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 Section 19.82.185 of this chapter. ---PAGE BREAK--- 2 "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 City. "Billboard sign" means an off-premises advertising sign. "Business sign" means an on-premises sign. “Blower machine” a fan or mechanism that can move air under pressure. Used to provide air for certain processes. "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. identifying an existing or proposed development project which may contain the name of the project, name and address of construction firms, architects, engineers, developers, etc. "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. "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 and development services division and state authorities where necessary, prior to May 18, 2004. Billboards that have received prior approval from the City at a particular location must be approved by the state by June 2, 2005. If no state approval is given, the City approval shall expire on said date and the permit shall become null and void. "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. "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. "Floodlighted sign" means a sign made legible in the absence of daylight by devices which reflect or project light upon it. ---PAGE BREAK--- 3 "Footcandle" means the English unit of measurement for illuminance, which is equal to one lumen, incident upon an area of one foot. "Ground/pole sign" means a sign supported by a fixed permanent frame/pole support in the ground. “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. and displaying the name of uses or buildings. "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. which does not conform to all height, area, yard, spacing, animation, lighting, use or other regulations prescribed in the zone in which it is located after the effective date of this chapter or any amendment hereto. "Off-premises sign" means a sign directing attention to a use, product, commodity or service not related to the premises upon which the sign is located. "On-premises sign" means a sign directing attention to a use conducted, product or commodity sold, service performed or business name upon the premises on which it is located. "Overhanging sign" means a sign which projects twelve inches or more over the roof of a building. “Pan Channel letters” are custom-made metal or plastic letters commonly used in exterior, and often internally illuminated. ---PAGE BREAK--- 4 "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. "Political sign" means a sign advertising a candidate or candidates for public elective office, or a political party, or a sign urging a particular vote on a public issue decided by ballot. "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. "Promotional sign board" means a permanently attached changeable copy sign not exceeding twenty square feet per face with one or two faces back to back for the display of promotional items offered for sale on the premises. "Property sign" means a sign located on a property that is being sold or leased or a property that does not offer public access. related to the property upon which it is located and offering such information as address, name of occupant for residential uses, sale or lease of the property, warning against trespassing, any hazard, or other danger on the property. "Roof sign" means an on premises sign which is erected and attached partly or wholly on the roof of the building. Notwithstanding the foregoing, a sign structure having main supports embedded in the ground shall not be considered to be a roof sign even if the sign's supports pass through a roof, canopy or parapet of a 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. A service sign shall also include signs providing information about sale of agricultural products produced upon the premises. A business trade mark or logo may appear on the sign provided it is secondary to the information portion of the sign. "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 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 ---PAGE BREAK--- 5 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 and yard line coterminous with a street. "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. "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 as regulated by this title, shall include any sign, banner, pennant, valance or advertising display 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. intended to be displayed out of doors for a short period of time. “Temporary window sign” means a temporary sign located on or within the window of a building and is restricted to 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. "Wall sign" means a sign that is either painted on a wall or its facing by not having a sign frame or separation from the wall or facing. "Window sign" means a sign permanently attached and located on a window or within a building so as to be visible through a window or door outside of the building. “Yard sign” means a temporary sign placed upon or supported by the ground independently of any other sign on the property. 19.82.025 - Noncommercial signs. It is not the intent of this chapter to allow commercial speech to a greater extent than noncommercial speech. Any sign allowed under this chapter may contain lawful noncommercial sign copy that occupies the entire sign area or any portion hereof, and may be suitable for, or be combined with, a commercial message. Sign copy may be changed at will at any time without any additional approvals or permitting, providing the sign is not prohibited and complies with applicable requirements of this chapter. Any sign authorized under this chapter is allowed to contain noncommercial copy in lieu of any permissible copy. 19.82.030 - Interpretation. A. Properties divided by public streets are not adjacent. ---PAGE BREAK--- 6 B. The sign requirements contained in this chapter are declared to be the maximum allowable. C. Sign types not specifically allowed as set forth within this chapter shall be prohibited. D. Where other ordinances are in conflict with the provisions of this chapter, the most restrictive ordinance shall apply. E. In matters of interpretation, the provisions of this ordinance shall be interpreted by the Zoning Administrator or designee. 19.82.040 - Conformity required. 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. Sign alterations (see section 19.82.200) that are in excess of 25% of the total sign face square footage shall require conformance to this title. Signs not expressly listed are not allowed. B. Other chapters of the zoning ordinance may have a reduced list of applicable signs. Other chapter sign types shall be utilized over the listed types found in this chapter. B. A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless the sign is changed so as to conform to all provisions of this title. Alterations are:shall also mean the changing of the text or message that the sign is conveying from one use of the premises to another use of the premises and the changing of the ownership of the sign when that ownership necessitates a change in the text or message of the sign. Alterations shall not be interpreted to also include changing the text or copy of electronic message centers, off-premises advertising signs, theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy. 19.82.050 - Exceptions. A. When a parcel of land is five acres or larger, the Planning Commission may consider an on- premises sign proposal for a development on such parcel that is less restrictive than the regulations set forth in this chapter, as a conditional use providing there is a determination that the proposed sign exceptions are: 1. Not in conflict with the purpose of this chapter; 2. In architectural harmony with the development and other buildings and uses adjacent to the development B.A Signs not regulated by this chapter: 1. On-premises advertising signs that are attached to windows or walls and are clearly of a temporary nature, which promote specific sales; Yard signs. 2. Signs located on which are associated with school or church occupied property. or church events and functions, which are clearly of a temporary nature; 3. Interior signs; 4. Time and temperature devices Devices that only display time and/or temperature. 5. Searchlights. A flag that is setback back a minimum of 15 feet from the public right of way and not exceeding the maximum height allowed in the zone. 19.82.060 - Comprehensive sign plan. ---PAGE BREAK--- 7 When an land use application for the first permit (building permit or conditional use permit) on a parcel of ground is submitted to the City, the application it shall be accompanied by a complete comprehensive sign plan for showing the location and sign type of all existing or proposed or future signs on the parcel of ground. A comprehensive sign plan shall also include conceptual renderings of each sign. 19.82.070 - Building Permit Required exceptions. No person shall erect, alter, relocate, or modify any sign without first obtaining a sign permit, if required, and a building permit, if required, for such work unless no permit is required. Building Permits are required for all signs except for property signs, political signs and nameplates conforming to the provisions of this chapter. (See Section 19.82.050(B).) 19.82.080 - Size computation. A. The following shall be used when calculating sign sizes: When more than one use occupies a lot, the frontage may be used to calculate the sign size for one total ground or projecting sign, not for each use. The total may then be divided between the uses. There may be any number of flat or wall signs, provided their total does not exceed the percentage of wall area coverage allowed. B. A property line which abuts a nonaccess freeway, road, street or right-of-way may not be used in computing sign area. 19.82.085 - Height of ground signs. The height of ground 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, but shall not exceed the sign height allowed in the zone. 19.82.090 - Imprint of ownership required. The imprint of the sign owner and sign erector of all signs shall be in plain and public view. 19.82.100 - Off-premises sign requirements. Off-premises signs erected along the interstate or the primary highway system as defined by the state shall conform with the provisions of the Utah Outdoor Advertising Act 19.82.110 - Visibility at intersections. A. There shall be a minimum clearance of ten feet between the ground and any part of a projecting sign or ground sign, as 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 of the street lines at a point formed by an extension of the two curb faces until they meet. 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 two feet 30 inches in height measured from grade. 19.82.120 - Signs on public property. 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. Signs shall include, but not ---PAGE BREAK--- 8 be limited to, handbills, posters, advertisements or notices that are fastened, placed, posted, painted or attached in any way upon any curbstone, lamppost, telephone pole, telegraph pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk or street. 19.82.130 – Illuminated Lighted signs. A. A lighted sign shall not be installed which permits the light source to be seen to penetrate beyond the property in such a manner as to annoy or interfere with the use of by adjacent residential properties. All lighted signs shall direct their light downward to prevent dark sky illumination (see section 19.82.135 B. Such lights alleged to violate subsection A of this section by the adjacent property owners or development services division director the Zoning Administrator or designee may shall be subject to a public hearing before the Planning Commission request a photometric assessment to measure the amount of light and to ascertain as to 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. 19.82.135 - Electronic message center requirements for on-premises signs. A. An electronic message center shall only display static images. An electronic message center shall not display scrolling text, video images, or scintillating images. All such displays shall direct their lighting systems downward, to avoid dark sky illumination and their light source shall not be seen from adjacent residential properties (see section 19.82.135 B. The minimum image display duration shall be four seconds. C. The maximum image transition duration shall be three seconds. Transitions from one static image shall fade out and fade or dissolve in to 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. The nighttime illuminance of an electronic message center shall not increase ambient lighting conditions by more than three-tenths foot candles when measured perpendicular to the electronic message center face at a distance determined by the following table formula: 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. Immediately following the ambient light measurement taken in the manner required by this subsection, an operating light measurement shall be taken with the sign turned on to a full white screen. Measurement Distance (in feet) = The square root of [Area of electronic message center face in square feet) × 100] Area of Sign (sq. ft.) Measurement (ft.) 10 32 15 39 ---PAGE BREAK--- 9 20 45 25 50 30 55 35 59 40 63 45 67 50 71 55 74 60 77 65 81 70 84 75 87 80 89 85 92 90 95 95 97 100 100 110 105 120 110 130 114 140 118 150 122 160 126 170 130 180 134 190 138 200 141 220 148 ---PAGE BREAK--- 10 240 155 260 161 280 167 300 173 E. Where allowed as a conditional use, conditions may be imposed by the Planning Commission regarding hours of sign operation, sign height, sign size, and/or setbacks from property lines to mitigate reasonably anticipated detrimental effects (see section 19.94). impacts on nearby residential properties, to protect critical viewsheds as established in the general plan, or to prevent potential traffic hazards. F. Electronic message center conditional use requirements, allowed sign types, and allowable sizes by zone are set forth in Table 19.82.135. Table 19.82.135 ELECTRONIC MESSAGE CENTER CONDITIONAL USE REQUIREMENTS, ALLOWED SIGN TYPES, AND ALLOWABLE SIZES BY ZONE Zone Allowed Sign Types Conditional or Permitted Use Approval Allowable EMC Size as a Percentage of Total Allowable Sign Size Per Table 19.82.190 1 MD-1, MD-3 MD Monument Permitted 50% Ground Conditional use permit required if within 300 linear feet or less of a residence; otherwise, permitted 50% C-2 Monument Permitted 70% 50% Ground Conditional use permit required if within 300 linear feet or less of any residence; otherwise, permitted. May not be located within 100’ of an R-1, R-2, R-4, or R-M zone. 50% C-3 Monument Permitted 80% 50% Ground Conditional use permit required if within 300 linear feet or less of any residence; otherwise, permitted. May not be located within 100’ of an R-1, R-2, R-4, or R-M 50% ---PAGE BREAK--- 11 zone. M-1 M Monument Permitted 100% 50% Ground Conditional use permit required if within 300 linear feet or less of any residence; otherwise, permitted. May not be located within 100’ of an R-1, R-2, R-4, or R-M zone. 75% 50% M-2 Monument Permitted 100% Ground Conditional use permit required if within 300 linear feet or less of a residence; otherwise, permitted. 75% All other zones None NA NA Table 19.82.135 footnotes: 1. The Planning Commission may approve an increase in the allowable EMC sign size through the conditional use process as described in Section 19.82.135E. 19.82.140 - Mobile sign. Temporary Signs 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 type, 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. ---PAGE BREAK--- 12 D. All other temporary signs, except A-frames, may be displayed for a total time period of 6 weeks during any calendar year. E. Only one A-frame sign is allowed per entrance along frontage. 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. 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. Outside Display of Merchandise, Products, or Goods sold or leased on the premises, shall be setback a minimum of 10 feet from any property line and shall not infringe on any internal sidewalk, nor be located in a parking space. I. Property Signs, shall be setback a minimum of 5 feet from any property line or public right of way. Such signs are limited to one sign per street frontage. J. 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. 19.82.145 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. One mobile sign may be used for each use for a period of sixty days following the issuance of a permit to construct a permanent sign for that use. Upon inspection and approval of the permanent sign, or upon expiration of the sixty-day period, whichever first occurs, the mobile sign must be removed. Mobile signs may not employ animation, flashing lights or intermittent lights. 19.82.150 - 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. 19.82.160 - Maintenance—Removal of sign. ---PAGE BREAK--- 13 A. All signs and advertising structures shall be maintained in good condition. B. Owners of 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 thirty-day period, the sign or copy will may be removed by the City at the expense of the owner. C. Vacant portions of signs where panels remain empty for over 6 months shall be removed or brought into compliance by the property owner. 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. 19.82.170 - Prohibited signs. Signs not specifically allowed by this chapter are prohibited. Without restricting or limiting the provisions of this section, the following signs are specifically prohibited: A-frame, Snipe, feather, blower machines, streamers, mobile signs, signs on vehicles parked within 20’ of the public ROW, searchlights, pennants/streamers, inflatable, items used to convey services or products sold on the premises within 30’ of the public right-of-way, and pedestal signs. 19.82.180 - Action to remove or abate violation. A. The Mayor Zoning Administrator or designee or 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; 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 development services division director 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 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 development services division director to be unsafe. 19.82.185 - Off-premises signs—Billboards. A. Purpose. This section provides for the reasonable regulation of off-premises signs with the intent of enhancing the aesthetics of existing and future billboards, mitigating negative ---PAGE BREAK--- 14 impacts, promoting safety and protecting property values that further the goals and planning policies of Millcreek City. B. Cap on Number of Off-Premises Signs. The number of off-premises signs allowed in Millcreek City shall be limited to the number of off-premises signs that are existing as defined herein as of May 18, 2004. "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 and development services division and state authorities where necessary, prior to May 18, 2004. Billboards that have received prior approval from the City at a particular location must be approved by the state by June 2, 2005. If no state approval is given, the City approval shall expire on said date and the permit shall become null and void. This cap shall automatically decrease as off-premises signs are annexed into a municipal jurisdiction or removed and not relocated. C. Location. Off-premises signs shall be allowed in the C-1 zone as a conditional use. Off- premises signs shall be allowed in the C-2, C-3, M-1 and M-2 zones as a permitted use. D. Size. Off-premises signs shall not exceed six hundred seventy-two square feet three hundred square feet (300) in the C-2, C-3, M-1 and M-2 zones. Off-premises signs located in a C-1 zone shall not exceed three hundred square feet in size. E. Height. The maximum height of an off-premises sign shall be thirty-five feet in a C-1 zone. The maximum height of an off-premises sign shall be forty-five feet above the grade level of the road in the C-2, C-3, M-1 and M-2 zones or, when oriented for freeway viewing only and located within three hundred feet of the nearest freeway lane, twenty-five feet above freeway grade level or fifty feet overall, whichever is greater. F. Separation. The minimum distance between off-premises signs larger than three hundred square feet shall be five hundred lineal feet as measured along the same side of the street including intersections. The minimum distance between off-premises signs three hundred square feet or less in size shall be three hundred lineal feet as measured along the same side of the street including intersections. All off-premises signs must be at least one hundred fifty radial feet from any other off-premises sign. G. Setbacks. The minimum setback shall be eighteen inches for off-premises signs. The sign's front-yard setback shall be measured from the future right-of-way line (see Transportation Improvement Plan). The closest edge of an off-premises sign shall not project into any required setback area. The minimum setback between an off-premises sign and any residential zone boundary shall be one hundred fifty feet. H. Lighting. Lighting shall be confined to the sign face, and the lighting source shall not be directly visible. I. Design. Off-premises signs shall utilize either the "mono-pole" or the "bi-pole" design and shall be continually maintained structurally and on the copy face. The back of the sign and the structure behind the sign shall be painted a dark color. Tri-vision sign faces shall be permitted and, if illuminated, must be externally illuminated. Internally illuminated off- premises signs, electronic display (outdoor video advertising) and electronic message centers are only allowed adjacent to the interstate freeway system and limited to no more than one change to the copy face in a twenty-four hour period. Two-decked off-premises signs are prohibited in all zones. J. Credits for Removal. Prior to the removal of any off-premises sign, the owner shall obtain a permit for the demolition of the off-premises sign. Permits may be provided following application to the Millcreek City Planning and Development Services Division. The Millcreek ---PAGE BREAK--- 15 City Planning and Development Services Division shall by letter inform the affectedCommunity Council chairman and affected the Planning Commission chairman that a permit for demolition of an off-premises sign has been issued. After any off-premises sign is demolished, the Millcreek City Planning and Development Services Division shall create a "billboard bank account" for the sign owner. The account shall reflect credits for the off- premises sign square footage as well as the date of removal. Any off-premises sign credits not used within thirty-six months of their creation shall expire and be of no further value or use. An off-premises sign owner may sell or otherwise transfer off-premises signs and/or billboard bank account credits. The transfer of any billboard bank account credits does not extend their thirty-six-month life as provided in this section. Demolition of an off-premises sign that has two advertising faces shall receive billboard bank account credits for the square footage of each sign face. K. Relocation. The owner of an existing off-premises sign may remove an existing off- premises sign from any site to an approved location only after a permit for relocation is obtained upon substantiation of compliance with this chapter. Prior to approval of a permit for relocation, the sign owner (applicant) shall submit to the City a notarized affidavit signed by the property owner, a copy of the lease agreement or other document to be signed by the property owner, indicating at a minimum the duration of the lease and renewal provisions. Additionally, prior to approval of a permit for relocation, Millcreek City Planning and Development Services Division shall by letter inform the affected community Council chairman and affected Planning Commission chairman that application for an off-premises sign permit has been received. Off-premises signs moved to approved locations shall conform to all off-premises sign requirements of the new location. Off-premises signs moved from one location to another must be installed in the new approved location within the period allotted by the International Building Code (IBC). A new off-premises sign permit shall only be issued if the applicant has billboard bank account credits of a sufficient number of square feet. When the permit for construction of a new off-premises sign is issued, the Millcreek City Planning and Development Services Division shall deduct from the sign owner's billboard bank account the square footage of the new off-premises sign. If the new off-premises sign uses less than the entire available square footage credits, any remaining square footage credits shall remain in the sign owner's billboard bank account. L. City Council Review and Monitoring. The City Council shall, on a regular six-month schedule be updated at a regular public meeting to changes in status and effectiveness of the provisions related to off-premises signs in Millcreek City. M. 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. 19.82.190 - On-premises signs allowed in zoning districts. A. On-premises signs allowed, by zones, shall be as set out in Table 19.82.190. Table 19.82.190 SIGNS ALLOWED, BY ZONES ---PAGE BREAK--- 16 ZONE SIGN TYPE SIZE HEIGHT LOCATION AND NUMBER OF SIGNS OTHER All zones Construction/development 32 sq. ft. plus 1 sq. ft. for each 10 ft. of frontage over 30 to a maximum of 96 64 sq. ft. per lot development 12 ft. max. On private property and a minimum of 5’ from the public ROW. One per frontage Sign must be removed 6 months from final building or conditional use inspection that allows occupancy or when 100% of the facilities are occupied, whichever occurs first. No illumination allowed Construction signs located on the development for subdivisions of 5 lots or more, may be 32 sq. ft. plus 2 sq. ft. for each additional lot over 5 to a maximum of 128 sq. ft. total per subdivision 12 ft. max. On private property Signs must be removed within 30 days after the last lot is sold ---PAGE BREAK--- 17 Signs for subdivisions of 5 lots or more and not located on the development may be 32 sq. ft. plus 1 sq. ft. for each lot over 5 to a maximum of 64 sq. ft. per sign 12 ft. max. On private property and a minimum of 5’ from the public ROW. One per development. All signs must be approved by the Planning Commission for a period not to exceed one year which may be renewed upon application received at least 30 days prior to the previous approval expiration date Sign must be removed 6 months from final building or conditional use inspection that allows occupancy or when 100% of the facilities are occupied, whichever occurs first. No illumination allowed Construction signs for multifamily developments of more than 20 units and not located on the development shall not exceed 12 ft. max. On private property All signs must be approved by the Planning Commission for a period not to exceed one year. Approval may be ---PAGE BREAK--- 18 a maximum of 10 ft. vertical and 20 ft. horizontal renewed by the Planning Commission Nameplate on premises 3 sq. ft. maximum per use Attached to main structure. One per residential unit or business Backlit only Political 16 sq. ft. maximum 6 ft. max. On private property and not closer than 10 ft. to a driveway Shall be removed 15 days following the final voting day. Property on-premises 6 sq. ft. maximum 6 4 ft. max. On private property and a minimum of 5’ from the public ROW. Two per development, per frontage. Service on premises 6 sq. ft. maximum 3 ft. when free- standing On private property and a minimum of 5’ from the public ROW. Two per development, Only allowed for non- residential uses. No illumination allowed ---PAGE BREAK--- 19 per frontage. Monument on premises for certain uses (see other zones for specific requirements which supersede these requirements) One per lot, 32 sq. ft. plus 1 sq. ft. for every 10 ft. of frontage over 30 ft. to a maximum of 64 sq. ft. 6 ft. max. On private property and set back 6 5 ft. from property lines One sign per street frontage and landscaped appropriately for the site. Allowed with public or quasi-public buildings or uses, planned unit developments, golf courses, cemeteries, dwelling groups, day care/preschool centers, or other uses permitted in the zone or as approved in conjunction with a conditional permit approval Flat/Wall on-premises for certain uses (see other zones for specific requirements which supersede these requirements) 5% of a wall area Attached to a building and one per street frontage Allowed with public or quasi-public buildings, planned unit developments, golf courses, cemeteries, ---PAGE BREAK--- 20 groups, or other uses permitted in the zone or as approved in conjunction with a conditional permit approval Downlit illumination may be built into or attached onto the signs listed above, unless prohibited above, when:. Lighting is allowed in the specific zone; or The development occupies more than 500 feet continuous frontage on the street the sign will face and the sign is not closer than 200 feet to a property not allowed an illuminated sign; Flat signs that are exposed to dwellings on adjacent properties shall not be illuminated (property divided by public streets are not adjacent). SPECIFIC Zone Sign Type SIZE HEIGHT LOCATION and NUMBER OF OTHER S-1-G, R-4-8.5, R-M, RMH, MD Ground or projecting on- premises One per lot, 32 sq. ft., plus 1 sq. ft. for each 10 ft. of frontage over 30 ft. on a street but not to exceed 64 sq. ft. 20 ft. max. ground sign 15 ft. setback Illumination may be built into or attached onto a sign if the development occupies more than 500 ft. continuous frontage on a street that the sign will face unless exposed to a dwelling on adjacent property ---PAGE BREAK--- 21 Flat on-premises 15% of a wall area Attached to a building Signs that are exposed to dwellings on adjacent properties shall not be illuminated. Window on-premises 8 sq. ft. maximum per use Signs shall not be illuminated Monument on-premises One per lot, 32 sq. ft. plus 1 sq. ft. for every 10 ft. of frontage over 30 to a maximum of 64 sq. ft. 6 ft. max. 18-inch minimum setback On private property and set back 5 ft. from property lines A monument sign can only be utilized if no ground or projecting sign is used Shall be incorporated into a landscaped accent area C-1, C-1-L, C-V Ground/pole sign or projecting on-premises One per lot, 48 sq. ft. plus 1 sq. ft. for each 4 ft. of street frontage over 30, but not to exceed 128 sq. ft. 64 square feet 2515 ft. max. 15 ft. setback Downlit illumination may be built into or attached to signs unless exposed to a dwelling on adjacent property or a residential zone boundary in which case ---PAGE BREAK--- 22 it may be allowed with conditional use approval Window on-premises 12 sq. ft. maximum per use No illumination allowed. Flat or wall on-premises 15% of a wall area One per business per street frontage Downlit illumination may be built into the letters or attached to signs unless exposed to a dwelling on adjacent property or a residential zone boundary in which case it may be allowed with conditional use approval. A flat or wall sign may only be used if an awning sign is not used Temporary on-premises See Section 19.82.140 ---PAGE BREAK--- 23 Monument on-premises One per lot, 32 sq. ft. plus 1 sq. ft. for every 4 ft. of frontage over 30 to a maximum of 64 sq. ft. 6 ft. max. 18-inch minimum setback On private property and set back 6 5 ft. from property lines. One per every 200’ of street frontage A monument sign can only be utilized if no ground or projecting sign is used Awning on-premises 25% of a first floor wall area may be covered with an awning, and 50% of an awning may be covered with graphics 8 ft. min. above the ground 0 ft. and not above bldg. wall 8 6ft. maximum projection from bldg. May be on three walls of a building Attached to building. Primary graphics on face or street side of structure. An awning sign may only be used if a flat or wall sign is not used. Awning signs may not be internally illuminated. All regulated signs in C-V zones located in canyon areas of the City require conditional use approval. C-2, C- 3 Ground/pole sign or projecting on-premises 48 sq. ft. plus 1 sq. ft. for each foot of frontage over 30 on a street to a 3020ft. max. 18-inch setback, 1 sign per 300 ft. frontage or part thereof Illumination may be built into or attached to signs unless ---PAGE BREAK--- 24 maximum of256 200 sq. ft. Property abutting a freeway with no frontage on a dedicated street may have one sign as a conditional use located within 30 ft. of the freeway not to exceed 256 sq. ft. and the height shall not exceed 25 ft. above freeway grade. A property having frontage on a dedicated street which connects directly to an on or off ramp of I- 15 and is within 600 ft. of the main traveled way of I-15 may have one sign up to 60 ft. high, but not to exceed 25 ft. above freeway grade level and 400 sq. ft. On private property and a minimum of 10’ from the public ROW. property. One per frontage and located at least one hundred feet from any other pole or monument sign. exposed to adwelling on adjacent property or a residential zone boundary in which case it may be allowed with conditional use approval. Rotation and subdued light change may be allowed with conditional use approval. C-3 Ground or projecting on-premises 48 sq. ft. plus 11/2 sq. ft. for each foot of frontage over 30 on a street to 30 ft. max. No setback required, 1 sign per 300 ft. frontage or Illumination may be built into or attached to signs unless ---PAGE BREAK--- 25 a maximum of 300 sq. ft. Property abutting a freeway with no frontage on a dedicated street may have one sign as a conditional use located within 30 ft. of the freeway not to exceed 300 sq. ft. and the height shall not exceed 25 ft. above freeway grade. A property having frontage on a dedicated street which connects directly to an on or off ramp of I- 15 and is within 600 ft. of the main traveled way of I-15 may have one sign up to 60 ft. high, but not to exceed 25 ft. above freeway grade level and 400 sq. ft. part thereof exposed to a dwelling on adjacent property or a residential zone boundary in which case it may be allowed with conditional use approval. Rotation and subdued light change may be allowed with conditional use approval. Balloon on-premises Balloon signs are subject to conditional use approval ---PAGE BREAK--- 26 Roof on-premises Same as ground or projecting sign 10 ft. above roof max. Roof sign may substitute for a ground or projecting sign but is subject to conditional use approval. The Planning Commission may deny a sign or set more restrictive conditions. Signs shall be installed so that the support structure is not visible Temporary window on- premises 16 sq. ft. maximum per use Up to 50% of window may be covered No illumination allowed Promotional sign boards on-premises 1 sq. ft. for each linear ft. of frontage to a maximum of 20 sq. ft. per sign Maximum ht. equals the sign setback, but not more than 10 ft. Maximum of 1 sign per street front, permanently anchored to the ground, and subject to conditional use approval. Illumination ---PAGE BREAK--- 27 into or attached to signs unless exposed to a dwelling on adjacent property or a residential zone boundary in which case it may be allowed with conditional use approval Flat or wall on-premises 20% of a wall area Downlit illumination may be built into the letters or attached to signs unless exposed to a dwelling on adjacent property or a residential zone boundary in which case it may be allowed with conditional use approval. A flat or wall sign may only be used if an awning sign is not used ---PAGE BREAK--- 28 Temporary on-premises See Section 19.82.140 Monument on-premises 32 sq. ft. plus 1 sq. ft. for every 4 ft. of frontage over 30 on a street to a maximum of 64 sq. ft. 6 ft. max. 18-inch minimum setback, On private property and set back 5 ft. from property lines. 1 sign per 300 ft. frontage or part thereof and located at least 50 feet from any monument or pole sign. A monument sign can be utilized in lieu of a ground or projecting sign Awning on-premises 25% of a first floor wall area may be covered with an awning, and 50% of an awning may be covered with graphics 8 ft. min. above the ground 0 ft. and not above bldg. wall 8 6 ft. maximum projection from bldg. Must be on private property. May be on three walls of a building Attached to building. Primary graphics on face or street side of structure. An awning sign may only be used if a flat or wall sign is not used. May Shall not be internally illuminated. Projecting/Blade sign One per A 6 ft. Attached to ---PAGE BREAK--- 29 entrance along frontage and a total of 12 square feet minimum of 10 ft. above the ground maximumproj ection from bldg. building.Primar y graphics on face or street side of structure. No illumination. M-1, M-2 M Ground/Pole or projecting on-premises 48 sq. ft. plus 1 sq. ft. for each foot of frontage over 30 on a street to a maximum of 256 sq. ft. A property having frontage on a dedicated street which connects directly to an on or off ramp of I- 15 and is within 600 ft. of the main traveled way of I-15 may have one sign up to 60 ft. high, but not to exceed 25 ft. above freeway grade level and 400 sq. ft. 35.25 ft. max. 15 ft. setback, 1 sign per 300 ft. frontage or part thereof Illumination may be built into or attached to sign. Lighting must be directed down Balloon on-premises Balloon signs are subject to conditional use approval ---PAGE BREAK--- 30 Roof on-premises Same as ground or projecting sign 10 ft. above roof max. Roof sign may substitute for a ground or projecting sign but is subject to conditional use approval. The Planning Commission may deny a sign or set more restrictive conditions. Signs shall be installed so that the support structure is not visible Temporary Window on- premises 16. sq. ft. maximum per use Up to 50% of the window No illumination allowed Flat or wall on-premises 20% of a wall area A flat or wall sign may shall only be used if an awning sign is not used Temporary on-premises See Section 19.82.140 ---PAGE BREAK--- 31 Monument on-premises 32 sq. ft. plus 1 sq. ft. for every 4 ft. of frontage over 30 on a street to a maximum of sq. ft. 64 6 ft. max. 18-inch minimum setback, 5’ minimum setback and 1 sign per 300 ft. frontage or part thereof A monument sign can be utilized in lieu of a ground or projecting sign Awning on-premises 25% of a wall area may be covered with an awning, and 50% of an awning may be covered with graphics 8 ft. min. above the ground 0 ft. above bldg. wall 8 4 ft. maximum projection from bldg. May be on three walls of a building Attached to building. Primary graphics on face or street side of structure. An awning sign may only be used if a flat or wall sign is not used F-R, F- M Same as Section of this table for C-1 and CV Monument on- premise All regulated signs require conditional use approval Monument signs only as per the C-1 zone MD-1, (7 MD- 3 Flat on-premises 5% of a wall area Illumination excluding luminous tubes may be built into or ---PAGE BREAK--- 32 attached to signs. Sign design shall reflect the architectural design scheme of the project. All signs require conditional use approval Monument on-premises 32 sq. ft. plus 1 sq. ft. for every 4 ft. of frontage over 30 on a street to a maximum of 64 sq. ft. 6 ft. max. 18 inch minimum setback. 1 sign per 300 ft. frontage or part thereof Illumination excluding luminous tubes may be built into or attached to signs. Sign design shall reflect the architectural design scheme of the project. All signs require conditional use approval O-R-D Monument on-premises 32 sq. ft. plus 1 sq. ft. for every 4 ft. of frontage over 30 on a street to a maximum of 64 sq. ft. 6 ft. max. 25 ft. minimum setback, 1 sign per 300 ft. frontage or part thereof Illumination excluding exposed neon or lighted accent stripes may be built into or attached to signs. Sign design shall ---PAGE BREAK--- 33 architectural design scheme of the project. All signs require conditional use approval Flat on-premises 5% of a wall area which faces a street Not higher than 15 ft. above the finished grade of the building Attached to the wall of a building which faces a street Illumination excluding exposed neon or lighted accent stripes may be built into or attached to signs. Signs that are exposed to dwellings on adjacent properties shall not be illuminated. Sign design shall reflect the architectural design scheme of the project. All signs require conditional use approval B. 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. 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. ---PAGE BREAK--- 34 C. Design: All signs shall use materials that reflect the adjacent building. All single pole signs where the pole is over 15’ in height shall include pole covers and a sign base. All double pole signs over 10 feet in height shall use pole covers and base. Monument signs shall include a base of 25% or more of the sign’s height with materials and colors reflecting the adjacent building. D. Pan channel lettering for flat/wall signs is encouraged and shall be permitted to exceed the maximum allotted area for the zone an additional 5 percent. 19.82.200 Non-conforming signs A. Alterations - 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 Title 19.82. All alterations shall require conformance to the provisions of Title 19.82 including any physical changes to the sign panel or the sign cabinet itself. Face changes, normal maintenance/repair, and copy changes in signs with a changeable copy feature are excluded. Further exclusions include any 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. Any sign that is located within or projects into the existing public right-of-way shall be made conforming when an alteration occurs or a change in a land use designation that requires a permit. 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 Title. 19.82.210 Iconic Signs A. The City has recognized the following iconic signs: Tres Hombres non-rectilinear sign at 3298 S Highland Dr. Bowling Sign at 1376 E 3300 S Artesian Springs sign 4197 Main St. Villa Theatre Sign 3092 S Highland Dr. England Plumbing 1009 E 3300 S B. An iconic sign may not be removed unless updated or rebuilt with the . C. Iconic sign shapes may not be altered. D. EMC signs may not be incorporated into an iconic sign.