Document Millcreek_doc_c857655e47

Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-23-016 City Council Staff Report Meeting Date: 3/25/2024 Applicant: City Re: Adoption of a Revised Sign Ordinance Prepared By: Francis Xavier Lilly, AICP, Planning Director Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. REQUEST AND SYNOPSIS As part of Millcreek’s comprehensive zoning code update, Staff is seeking your input and recommendation regarding the adoption of a new Signs Ordinance. The existing signs ordinance is found here. Millcreek’s sign ordinance was updated in recent years. While much of the content in the existing regulations is still relevant, some tables and organizational structure left some requirements unclear. The new draft makes minor updates to standards, updates language for consistency, and improves clarity with new tables. The Planning Commission’s recommendation includes the following changes: 1. New internal illumination standards that controls light temperature as well as brightness. 2. Revised standards for all electronic message centers, including a lower maximum illuminance requirement than currently required, and the installation of light protecting louvers for larger electronic message centers, such as the digital district sign on Millcreek Common. 3. Reduced height for monument signs. 4. A maximum area for wall signs, depending on the zone. 5. Limits on window signs to the first story of buildings. 6. A prohibition on electronic message centers for pole signs in commercial zones, to incentivize conversion to monument signs. 7. No additional digital district signs in the City Center. 8. Updated tables for readability. ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 2 of 11 GENERAL PLAN AND ORDINANCE CONSIDERATIONS The following goals and strategies in the General Plan, and policies in Millcreek’s existing sign ordinance, inform staff’s recommendation regarding the adoption of an updated sign ordinance: SIGNS. GOAL GP-2: Ensure that sign location and design is responsive to site context and compatible with the surrounding character. Strategy 2.1: Ensure that signs are compatible with their surroundings. Signs should provide information and make a positive contribution to the character of the community. Strategy 2.2: Signs should effectively contribute to the aesthetics of the development and minimize negative impacts on adjacent uses and all modes of transportation. Strategy 2.3: Promote compatibility of signs with pedestrian-oriented development in all areas, and particularly in designated mixed-use centers and residential areas. Strategy 2.4: Discourage billboards in designated or developed commercial and residential areas and in locations that block views of the Wasatch Mountains or in conflict with the goals of the General Plan. Consider techniques to remove or alter billboards such as purchase, amortization or other techniques. Strategy 2.5: Discourage temporary signs (usually construction signs) on road shoulders that serve as bike lanes and pose hazards to bicyclists. STREETSCAPE. GOAL GC-3: Improve the safety and visual image of the community by enhancing the look and feel of major corridors and protecting our scenic viewsheds. Strategy 3.9: Reduce the number, size, and height of billboards along all City streets. Section 19.82.185 – Off-Premise 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. The proposed sign ordinance establishes new illuminance standards, light curfews, better regulations for pole signs, and incentives for monument signs that will result in an improved streetscape and urban form for Millcreek as signs are replaced in the City. In addition, the potential inclusion of two additional digital district signs in the City Center Overlay zone, subject to an exchange agreement with an outdoor advertising entity like Reagan Outdoor Advertising, would reduce the number, size, and height of billboards along all city streets, advancing a goal of the general plan. Moreover, by pursuing an exchange agreement with Reagan Outdoor Advertising, staff is advancing a policy adopted in the City Ordinance to reduce the number and combined square footage of billboards where feasible. ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 3 of 11 DIGITAL DISTRICT SIGN CONSIDERATIONS In 2021, the Millcreek City Council approved the construction of a digital district sign on city-owned property at Millcreek Common. This sign is operated by Reagan Outdoor Advertising (ROA) under an agreement where ROA removed one billboard adjacent to the Common and surrendered its rights for 924 square feet of additional signage in exchange for an operating agreement to advertise on the district sign for 40 years. ROA can operate for up to 60 percent of the time on the sign, with the remaining 40 percent reserved to Millcreek for community events and public service messages. Millcreek retains ownership of the digital district sign. This had the effect of removing a development impediment, and advancing the goals of the general plan to reduce the number, size, and height of billboards along all City streets. The current exchange agreement is the first time in Millcreek’s history (and one of the only times instances statewide) where an outdoor advertising company voluntarily surrendered billboard rights at no cost to taxpayers. An additional exchange agreement could be used to facilitate the construction of two additional digital district signs, at no cost to the Millcreek taxpayer, and in a manner that would result in the removal of additional existing billboards in Millcreek. The additional signs would be placed at either end of Chambers Avenue, at Highland Drive and at 1300 East. Millcreek may want to operate the sign or signs independently of an operating agreement with ROA, however Given how difficult it can be to remove billboards, an exchange agreement whereby a sign operator surrenders existing billboards for time on a digital sign is potentially a good method to reduce the overall number and square footage of billboards in Millcreek, which is found in section 19.82.185 of our existing sign code, and which will be carried over into the new code. Staff advises an exchange ratio of at least 3 square feet of static billboard footage to 1 square foot of digital district signage as a minimum standard for an exchange agreement. By this standard, the City could accomplish the removal of billboards in Millcreek in exchange for 60% of the advertising time on additional district signs on the west side of Highland Drive at Chambers Avenue. While the Planning Commission did not recommend the approval of additional district signs, they indicated that an ideal exchange agreement should emphasize removal of nonconforming billboards, particularly billboards that are: • Taller than 32 feet in height. • Larger than 300 sf in sign area. • Located within 150 feet of a residential zone. • A two-decked billboard. • Any billboard within 500 feet of a municipal boundary. All things being equal, an exchange of this character would reduce the number and combined square footage of billboards in Millcreek. ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 4 of 11 Design Considerations and the Proposed Exchange Agreement Staff believes that the existing Millcreek Common digital district sign effectively removed a development impediment and set a new standard for a large digital district sign that can be compatible with our city center redevelopment effort. The sign itself is approximately 26 feet high, and the illuminance of the sign is limited to 0.2 footcandles above ambient light at nighttime. Light protecting louvers on the sign limit light trespass beyond 38 degrees of the face of the sign. Critically, the city owns and operates the sign, and ROA’s advertising on the sign is limited to 60% of the time of the sign, for a duration of 40 years. In essence, the City is proposing to exchange a permanent, vested property right for a lease with a time-certain expiration. This is effectively an amortization concept contemplated by the General Plan. Additional digital district signs would be built to the same design standards as the current Millcreek Common digital district sign, and would be subject to the same operational requirements. The purpose of the agreement is to find a reasonable and voluntary exchange between two parties to accomplish a reduction in overall square footage, which is one of the limited options provided for under state law. Assessing the merits of that exchange should account not only for the reduction in square footage, but also the City’s ownership and utilization of the signs. Well managed digital signs will be the result of the agreement if the zone text change and general plan amendment is approved by the City Council, upon recommendation by the Community Council and Planning Commission. Approval of these changes creates a mechanism to reduce the number and combined square footage of billboards in the community, although part of the tradeoff involves digital signs. Subject to the same appropriate controls that governed the design and operation of the existing Millcreek Common sign, this agreement will reduce the size and number of billboards in Millcreek. Staff does not feel it is appropriate to ascertain the revenue impacts to ROA as part of an exchange agreement. Rather, staff’s interest is in using an exchange agreement to reduce the number and square footage of billboards in Millcreek. Our general plan goals are further advanced if we can remove more billboards as part of an exchange agreement. To that end, staff is recommending to the city council that the city council consider an exchange ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 5 of 11 agreement that requires removal of at least 3 square feet of static sign area, if not more, in exchange for time on additional digital district signs. Safety Considerations for Digital Signage Staff prepared a memorandum that examines the potential for large digital signage to distract motorists. That memorandum is attached to this staff report. Precedents for a Static-to-Digital Billboard Exchange Staff could not identify many precedents for other billboard exchange mechanisms nationwide, however two cities in the Kansas City metropolitan area, Lee’s Summit and Kansas City, crafted exchange mechanisms, aimed at removing nonconforming billboards in their cities and replacing them with digital signs on limited access freeways. We spoke with staff at both cities; they both indicate that their exchange mechanisms were helpful in removing nonconforming billboards and reducing the number of billboards in their cities. Lee’s Summit, Missouri In late 2006, Lee’s Summit enacted an ordinance that allowed for the conversion of nonconforming static billboards into digital billboards at a ratio of 2 static sign faces to 1 digital billboard face. Rather than addressing square footage ratio, the Lee’s Summit ordinance limits the size of the digital face to 10 percent greater in area than the size of static faces that were removed. This conversion mechanism was limited to billboards that were nonconforming, and the resultant digital billboards could only be placed in limited zones and within 660 feet of limited access freeways in the city. Prior to the ordinance adoption, Lee’s Summit had 12 billboards in their city. Currently, they have 6 billboards. Kansas City, Missouri In 2019, Kansas City enacted an ordinance that also allowed for the conversion of nonconforming static billboards into digital billboards. The conversion rate is based on sign area and depends on the size of the sign, and is summarized below: Sign Type Sign Area Conversion Ratio Junior Poster x 12’) 72 sf 7 sf : 1 sf Poster (10’6” x 22’9”) 239 sf 7 sf : 1 sf Bulletin Board (14’ x 48’) 672 sf 3 sf : 1 sf In the Kansas City case, the city council determined that, all things being equal, a sign conversion mechanism should account for the size of the sign, and that larger bulletin board billboards could enjoy a more beneficial conversion rate. Kansas City imposed limitations on where digital conversions could take place, including 250 feet of any residential occupancy, and certain interstate highway sections. In general, the resultant signs could only placed within 660 feet of limited access freeways. Kansas City Staff reports that, since 2019, 13 permits for digital billboard conversions were approved, resulting in a significant number of nonconforming signs removed from other areas of the city. ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 6 of 11 In Lee’s Summit and Kansas City, the resultant billboards tend to be larger and taller freeway-oriented signs, reflecting a policy choice of theirs to transfer billboard rights from arterial streets and neighborhoods and place them along limited access freeways. Similarities and Differences to the Millcreek Proposal Conversion Ratio. Lee’s Summit and Kansas City took different approaches to a conversion ratio, with Lee’s Summit focusing on sign faces and Kansas City focusing on sign area. Kansas City also determined that, all things being equal, a larger bulletin sign is more impactful and deserves a more beneficial ratio than a smaller poster sign. Lee’s Summit focused on sign faces, but limited the size of the resulting digital billboard based on the size of the faces being converted, which incentivized the outdoor advertising companies to remove larger nonconforming signs as part of a conversion. In the previous exchange for the Millcreek Common sign, the ratio was approximately 3.2 sf of static sign rights (one sign totaling 478 sf in area, and 924 sf of banked billboard sign area) in exchange for time on one digital district sign with a sign area of 441 sf. Staff inquired about how these cities established their conversion ratios: in both cases, they were decided by a negotiated process whereby both the cities and the outdoor advertising companies identified a ratio that the outdoor advertising companies found reasonable, and that the cities found effective. Neither city engaged in a analysis of advertising rates and profitability as part of their deliberations with the outdoor advertising companies. Ownership. In Lee’s Summit and Kansas City, the resulting digital billboards are owned by the sign companies, and the vested rights of the resultant signs are permanent. In Millcreek’s case, the permanent rights of a billboard are converted into a 40 year lease, on a sign owned by the City. Considering the experience of Kansas City and Lee’s Summit, and the fact that Millcreek would own and maintain the sign, and the sign company would exchange a permanent property right for a 40 year lease, the ratio established in the previous conversion is not out of character with the Kansas City area exchange mechanisms. Operation and Design. In Lee’s Summit and Kansas City, there were limited to no design controls on the resulting digital signs, other than height, setback, and image dwell times. In addition, neither city in the Kansas City area has an opportunity to communicate its own messaging on the resulting digital signs. In its previous exchange agreement, Millcreek imposed significant design standards on the sign itself, reduced the brightness of the sign below what was allowed in city ordinance for electronic message centers, and required light protecting louvers on the sign. In short, Millcreek would have significantly more control over the operation and design of the resulting signs than Lee’s Summit and Kansas City has over their signs. Resulting Signs. In the Kansas City area examples, the digital signs were placed along freeways and were larger and taller than the sign Millcreek is proposing, which is on an arterial, limited to 441 sf, and limited in height to 30 feet. Nonconforming Status. In the Kansas City area, the exchanges were limited to nonconforming billboards – signs that were either too tall, too large, or placed in an area ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 7 of 11 where the code would no longer allow one to be. While most billboards in Millcreek are nonconforming in some way, the previous exchange agreement did not explicitly limit the exchange to nonconforming signs. State Law Considerations. Millcreek does not have any remaining limited access freeway frontage that could serve as a receiving zone for digital billboard rights and, moreover, the Utah Outdoor Advertising Act allows for digital conversions of static billboards along Interstate Highways and other limited access highways by right, regardless of a municipal prohibition on digital signage. Nonconforming rights for billboards in Utah are established by state statute, which limits the opportunity for Millcreek to establish an ordinance mechanism like the ones established by Lee’s Summit and Kansas City. However, state law does allow the Millcreek City Council to enter into a negotiated exchange agreement. Determining Signs To Be Removed. In both Lee’s Summit and Kansas City, the outdoor advertising companies identified the billboards to be removed. The cities did not choose the billboards to be removed, beyond limiting billboards eligible for removal to nonconforming billboards. PROPOSED ORDINANCE AMENDMENTS Attached to this staff report is a proposed draft of the sign code. A summary of the proposed significant changes is below: Requirement Standard Proposed Standard Rationale Definitions Existing: 19.82.020 New: End of document. Ultimately, definitions will be added to the Definitions chapter. ‘Ground Sign’ redefined as ‘Pole Sign’. Additional terms defined. Staff modified definitions to ensure content neutrality, and to use terms that are accepted as industry standards. Exceptions Existing: 19.82.050 New: 18.68.050 Currently, school and church signs are unregulated. Staff is proposing regulating these signs as though they are located in a commercial zone. We believe that certain regulations are appropriate, such as height and setbacks, as long as they do not subject the sign to a content-based review. We note that signs for churches and schools are also regulated under state and federal statute. ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 8 of 11 Requirement Standard Proposed Standard Rationale Light Curfew Existing: None New: 18.68.120 We are proposing a light curfew for signs located within 100 feet of an existing residential use or zone. Rather than treating signs near residential uses as conditional uses, which the current code requires, these signs will simply have a light curfew requirement that mitigates detrimental effects. Illumination Requirements Existing: Limited to EMC’s. 19.82.135 New: 18.68.120 and 18.68.130 We are proposing a light temperature requirement, that exempts logos and text, that will primarily affect the brightness of cabinet signs. Reduced sign brightness furthers the goals of the general plan to promote signage that is compatible with surrounding neighborhoods and that improves community aesthetics. EMC Requirements Existing: 19.82.135 New: 18.68.130 Better specifications on how to measure illuminance. Reduced illuminance standards. Light blocking louvers required for larger EMC’s. Notice of compliance requirement. Increase minimum distance from residential uses from 100’ to 150’. EMC’s are limited to monument signs in the commercial zone. Revised standards will reduce the overall brightness of EMC’s while allowing them to still be visible and useful. Additional residential buffer will avoid sightline, brightness and nuisance issues attendant to certain EMCs that are more appropriate in established commercial areas, while eliminating the need or justification of a conditional use permit. Limiting EMC’s to monument signs in the commercial zone could be an incentive for sign owners to convert existing pole signs into monument signs, which would further Millcreek’s general plan goal GP-2. Temporary Signage Existing: 19.82.140 New: 18.68.140 Requirements largely replaced with a table, and additional defined terms. These regulations will help with clarity and enforcement, as needed. Off Premise Signs and Billboards Existing: 19.82.185 New: 18.68.170 Unchanged We are relocating the billboard language, but for noticing reasons pursuant to state law, we are leaving the language unchanged. ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 9 of 11 Requirement Standard Proposed Standard Rationale Signs Allowed by Zoning District Existing: 19.82.190 New: 18.68.110 Revised and updated table at 18.68.111 Revised table is easier to understand. New terms applied and regulations added or modified depending on zone. This table is where most users go to find sign requirements. Iconic Signs Existing: 19.82.210 New: 18.68.200 Significantly unchanged, however we are noting that the presence of an iconic sign will not adversely impact the ability of a property owner to erect a monument or pole sign. This was a recommendation of the Utah Sign Association to allow the owner of an iconic sign to install another sign, while keeping the iconic sign. COMMUNITY COUNCIL RECOMMENDATIONS Generally, the Community Councils recommended approval of the sign ordinance as written, but had differing recommendations with respect to additional digital district signs and a proposed exchange agreement to facilitate them. 1. Millcreek Community Council. The Millcreek Community Council met on February 6, 2024. Sign Code Recommendation. The MCC voted unanimously in favor of the adoption of the sign ordinance in general. Digital District Sign and Exchange Agreement Recommendation. There was considerable discussion. A handful of residents commented, all opposed. Some members expressed concern about digital signage in general, while others expressed support for the city negotiating with sign companies with a goal to reduce the area and number of billboards in Millcreek. A general consensus emerged in the meeting that a 3sf:1sf ratio of static billboard area to digital district sign area was not sufficient. They expressed a desire for a more favorable exchange. The MCC voted 9 in favor, 2 against, and one abstaining to approved the city’s plan to add digital district signs in removing traditional billboards. 2. Canyon Rim Citizens Association. The Canyon Rim Citizens Association met on February 7, 2024. Sign Code and Digital District Sign and Exchange Agreement Recommendation. Three residents commented, two opposed and one supported. Some members expressed concern about the impact of digital signage, while others expressed support for an exchange agreement that results in a net reduction of billboard square footage. In the end, as indicated in an email to staff from their Council Co-Chair, “The motion that [passed] recognized that half the CRCA present were not moved in favor of the changes - so the recommendation we had put forward, seconded, and voted with three in favor, two abstains, and 1 nay was to ‘encourage the city of Millcreek to pursue the digital signs.’ This recommendation is not of the ordinance change as there were many on the CRCA that felt that we ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 10 of 11 needed more information to appropriately understand the ordinance change and implications. The sign trade idea as was quite contentious and the CRCA recognized the differing view points. While the three voting in favor of the resolution did want to see older billboards updated, this specific deal presented to the CRCA had us divided. 3. East Mill Creek Community Council. The East Mill Creek Community Council met on February 2, 2024. Sign Code and Digital District Sign ang Exchange Agreement Recommendation. A member expressed concerns about distraction and road safety. A member expressed concern about the last painful public process, and ensuring that there is a place of repose and serenity at Millcreek Common. A majority of the council supported the possibility of digital district signs and the opportunity to reduce billboards in Millcreek, subject to an exchange agreement. Some discussion was had about whether a 3sf:1sf ratio of static billboard area to digital district sign area was appropriate. They voted 5 in favor to 3 opposed opposed for the adoption of the sign ordinance, including the provision for digital district signs subject to an exchange agreement. 4. Mount Olympus Community Council. The Mount Olympus Community Council met on February 5, 2024 and on March 4, 2024. Sign Code Recommendation. As respects the draft sign ordinance, but specifically not including the draft language dealing with two additional “district signs within the city center, the Mount Olympus Community Council gave a positive recommendation with a unanimous vote of all 8 members present. Digital District Sign and Exchange Agreement Recommendation. At their meeting on March 4, 2024, the Mount Olympus Community Council voted unanimously among the members present to recommend denial of the addition of digital district signs, citing aesthetic and safety concerns. PLANNING COMMISSION RECOMMENDATIONS The Planning Commission held a public hearing on the sign code on February 28, 2024 and held an additional meeting on March 20, 2024 where they took public comment and discussed the item as continuing business. A summary of their motions and discussions in general are as follows: 1. Sign Code in General The Planning Commission voted 5 in favor to two opposed to recommend that the City Council approve the sign ordinance revision ZT-23-016 as presented by staff, not including the provision regarding digital district signs, and with the following recommended changes: A. Window signs should be limited to the ground story of a building. B. Amend 18.68.140 to clarify durations of temporary signs. C. Pure white materials should be allowed for logos and wording in a sign. ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 11 of 11 2. Digital District Signs The Planning Commission voted six in favor to one opposed to recommend that the City Council Approve ZT-24-016, with the following modification with respect to digital district signs in the City Center: Table 18.16.113 in the Draft Ordinance should be amended to state that no additional digital district signs are allowed in the City Center Overlay Zone. The Planning Commission had a robust discussion over the course of two meetings regarding digital district signs. Discussions included potential options such as smaller digital signs, a monument sign at Highland Drive, and a digital district sign at 1300 East, and an exchange ratio that benefitted the city. After making their motion oat the March 20, 2024 meeting, the Planning Commission discussed that, if the City Council were to pursue an exchange, the City Council should emphasize the removal of billboards that have the greatest nonconformities, including billboards that are: • Taller than 32 feet in height. • Larger than 300 sf in sign area. • Located within 150 feet of a residential zone. • A two-decked billboard. • Any billboard within 500 feet of a municipal boundary. A planning commissioner also suggested after the motion was made that an exchange agreement should be significantly greater than a 3:1 exchange. Some of the planning commissioners expressed that a smaller sign, even one that would have an electronic message center, may be more appropriate in the City Center. Minutes from the March 20, 2024 meeting are not available as of the writing of this staff report, however the City Council is encouraged to listen to the proceedings at the following links: February 28, 2024 – discussion begins at 1:13:16 of the stream. March 20, 2024 – discussion begins at the beginning of the stream. SUPPORTING DOCUMENTS • Planning Commission Recommendation Draft Ordinance • Distracted Driving Memorandum • Recommendation by the Utah Sign Association • Community Council Recommendations • Planning Commission Staff Report – February 28, 2024 (URL) • Updated Planning Commission Staff Report – March 20, 2024 (URL) ---PAGE BREAK--- DRAFT ORDINANCE ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 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 increase sign face square footage shall require conformance to this title. C. 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. D. 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. E. 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 – City Council Review Draft v 1 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. Interior signs, not including window signs. Interior signs placed within three feet of window is considered a window sign. 3. 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. B. Signs for churches, schools, and private educational institutions having an academic curriculum similar to that ordinarily given in public schools shall be subject to the requirements for signs located in the commercial zone, and shall be regulated pursuant to state and federal law. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 3 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. 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 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 – City Council Review Draft v 1 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 5 B. All single pole signs shall include pole covers and a sign base. Pole covers and sign bases shall be constructed of brick, stone, or architectural metal panels that extend at least 3 inches beyond the pole, and that fully conceals the entirety of the sign pole structure. 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 10’ vertical and 20’ horizontal 12’ prohibited in a right-of-way. One per development or subdivision. • All signs must be approved by the planning commission for a period not to ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 6 Table 18.68.111 Signs Allowed in All Zones Type Maximum Size Maximum Height Location Requirement Maximum Quantity Other of more than 20 units exceed one year. • 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’ • Prohibited in a right-of-way • Minimum of 5' from any property line One per street frontage • Only permitted for any of the following uses: 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 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 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 o Not directly shining onto a property occupied by a residential use. Flat/Wall sign • 5 % in FRE and R-1 zones • 15% of a wall area in all other residential zones, up to a maximum of 200 square feet. 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: C-1, M, MD, MD-3, 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 One in the City Center Overlay Zone. • Only allowed in CCOZ. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 8 Table 18.68.113 Signs in Nonresidential Zones: C-1, M, MD, MD-3, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other Pole sign 48 sq. ft. plus 1 sq. ft. for each 4’ of street frontage over 30’, not to exceed 150 sq. ft. 15’ in C-1 zone, 20’ in C, M, MD, IF, and CCOZ zones. • 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 a pole sign is located within 100 feet of an existing residential use or a residential zone, the pole sign will be subject to a sign illumination curfew as set forth in MKZ 18.68.120(C). • Prohibited in CCOZ 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 in C-1 and CCOZ • On private property • Minimum of 5' from any property line. • At least 50’ from any other pole or monument sign. One per every 150’ of street frontage or part thereof. • If a monument sign is located within 100 feet of an existing residential use or a residential zone, the pole sign will be subject to a sign illumination curfew as set forth in MKZ 18.68.120(C). Flat/Wall sign 20% of a wall area, up to a maximum of 300 square feet in the C-1 zone, or up to a maximum 600 square feet in the C, M, and MD zones. • Must be attached to a building. • 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 May not extend above the top of the • Must be attached to a building. • 6’ maximum projection from building. Up to 3 walls per building • An awning sign may only be used if a flat or wall sign is not used. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 9 Table 18.68.113 Signs in Nonresidential Zones: C-1, M, MD, MD-3, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other • 50% of an awning may be covered with graphics wall it is attached to. • 8’ minimum clearance from the ground to the bottom of the awning. • 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 • 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 10 c. The use of uplighting on signs is prohibited. All lighted signs shall direct their light downward. d. Light color temperature standard. Except for internally illuminated logos and text, all light sources used to illuminate signage shall have color temperature equal to or less than 4,000 degrees Kelvin (4,000°K). e. Illuminance level standard. No sign shall have an illuminance level greater than 100 nits (100 candelas per square meter). f. Sign illumination curfew: Where required by this code, sign illumination shall be turned off or dimmed to fifty percent (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. b. Internally illuminated signs shall use semiopaque materials for sign copy such that the light emanating from the sign is diffused. Transparent or clear, materials are not allowed for sign copy. Pure white materials are permitted for copy and logo portions of the sign, but are prohibited for any other portion of the sign. Sign backgrounds 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 11 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 adjust the illuminance according to ambient light conditions. E. Electronic Message Centers greater than one hundred square feet (100 sf) in area shall include physical light-blocking louvers to provide for vertical and horizontal light protected areas beyond 38 degrees of site broadcast. F. 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. 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. 5. Measurement shall take place at night, after the end of astronomical twilight as defined by the US National Weather Service. G. Upon receipt of an ambient light measurement and certification that the EMC meets all applicable requirements, the city shall record a Notice of Compliance and Acknowlegement ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 12 of Sign Requirements with the Salt Lake County Recorder, on the property on which the EMC is located. 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 150' of a residential use or zone C Monument 50% May not be located within 150' of a residential use or zone M Monument 70% May not be located within 150' of a residential use or zone Pole 50% May not be located within 150' 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, • 10% of the first-floor building face square footage for facades longer than 150’ Attached to main structure Cumulative area of all temporary attached signs not to exceed the square footage 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 13 A. All temporary signs shall be located a minimum of five feet from a property line or right-of- way line, 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 fifty (50) square feet unless the business encompasses a building face with over one hundred fifty (150) linear feet. Such businesses may use up to ten percent (10%) of the first-floor building face square footage, but at no time shall the combination of temporary signs equal more than thirty percent (30%) of the first-floor building face. Other banners located in the landscaping, at least five feet from the property line, with temporary independent supports shall not exceed twenty (20) square feet and shall conform to the time period specified in Subsection below. C. Temporary and banner signs are subject to the following time limits: 1. Temporary banner signs may be installed on a building face for up to six months. 2. Temporary grand opening signs may be installed on a building face for up to three 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. 3. All other temporary signs, except A-frames, may be displayed for a total time period of 6 weeks during any calendar year. D. 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. E. 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. F. 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. Table 18.68.141 Temporary Signs Table Type Maximum Size Location Maximum Quantity Other 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 – City Council Review Draft v 1 14 G. 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. H. 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. I. 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. B. Window signs shall not cover more than 50 percent of any single window, nor more than 33 percent of the entire surface area of a group of windows on each building face. A single window is any window, or section of windows, that is separated from another window by twelve inches (12”) or more. Any door with windows is always considered a separate window. C. Any interior sign placed within three feet of a window is considered a window sign. D. Window signs are limited to the first story of a building. 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 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 15 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 boundaries of the city as it was incorporated on December 28, 2016. This cap shall automatically decrease as billboards are annexed into a municipal jurisdiction or removed and not relocated. C. Billboards are only allowed in the C and M zones as a permitted use, subject the additional restrictions established in this chapter. D. Location. Billboards shall not be allowed in those locations listed in Subsection 6 of this chapter, below, notwithstanding the underlying zone. E. 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. F. 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 G. 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: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 16 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). H. 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. I. Setbacks. 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. J. 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. K. 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 17 L. 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. M. 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. N. 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. O. 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 18 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. 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. P. 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. Q. 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. R. 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 19 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: 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 of existing sign structures, or of existing electronic message centers. 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 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 20 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. E. A property with an iconic sign may also be allowed a monument sign or a pole sign, subject to the standards of this chapter. Iconic signs shall not be included in the minimum distance requirements established by this chapter for pole signs and monument signs. 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; 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 21 "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. “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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 22 "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. “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, or a sign that is greater than sixteen square feet in area and that is mounted on a vehicle. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 23 "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. “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 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs – City Council Review Draft v 1 24 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. "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. Any interior signs placed within three feet of window is considered a window sign. “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. ---PAGE BREAK--- DISTRACTED DRIVING MEMORANDUM ---PAGE BREAK--- Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Memorandum Re: Digital Billboards and Distracted Driving Prepared By: Francis Xavier Lilly, AICP, Assistant City Manager / Planning Director Date: 21 March 2024 SUMMARY In 2021, staff was asked to prepare a brief discussion on the relationship between digital billboards and distracted driving to inform the discussion about the digital district sign on Millcreek Common. This discussion includes two parts: 1) a brief literature review of various studies that make a variety of conclusions with respect to the relationship between digital billboards and distracted driving; and 2) a review of local data on distracted driving accidents and vehicle fatalities in three locations in the region where billboards have been digitized in recent years. We linked to the original studies and data we obtained. We updated the local data to incorporate traffic counts and accidents for the years 2020 through 2022. LITERATURE REVIEW “Effects of electronic billboards on driver distraction” Dukic, et al, Traffic Injury Prevention, 2012 This study followed up on a decision by the Swedish Transport Agency to permit a dozen digital billboards along a major highway near Stockholm. A link to the study is found on the Scenic America website, and the study convinced the Swedish Transport Agency to remove the twelve digital billboards. The billboards had a similar image dwell time to what is common in the United States (7 seconds). However, the signs themselves were smaller than the proposed digital district signs, were lower to the ground, and were in the right-of-way along a fast-moving road. While Scenic America asserts that the study was enough to convince the Swedish government to remove the digital billboards from their highways in Stockholm, the study itself concludes that, while digital billboards do affect a longer gaze than static signs…, “Billboards have an effect on gaze behaviour by attracting more and longer glances than regular traffic signs. Whether the billboards attract attention too much, that is, whether they are a traffic safety hazard, cannot be answered conclusively based on the present data.” The Outdoor Advertising Association of America posted a rebuttal to this study, in part arguing that the summary fundings of the Swedish study were inconclusive and that Sweden’s digital billboards are not directly ---PAGE BREAK--- Digital Billboards and Distracted Driving – 21 March 2024 Page 2 of 7 comparable to the industry standards for digital signs in the United States. “CEVMS and Driver Visual Behavior Study” Federal Highway Administration, 2012 This study examined the difference between driver “gazes” on static signs and commercial electronic variable message signs (CEVMS) in Richmond, Virginia, and Reading, The study concluded that while drivers fixated on digital billboards longer than on static billboards, the difference itself was not meaningful enough to suggest a road safety hazard. We note that this study is controversial and that various entities, including Scenic America, challenge the study’s findings. “Digital billboards and road safety: An analysis of policy and research findings in 2013–14” Outdoor Media Association (Australia), 2015. Perhaps the most interesting source of information we found on this matter came from a trade group in Australia. The paper is essentially an exhaustive literature review of digital sign studies and their methodologies spanning several countries and at least one decade, and includes an analysis of digital sign policies across a handful of English-speaking countries. The paper is intended to inform Australian policymakers on a standardization of digital advertising policies across the Australian states. Some of the studies the discussion paper references are from trade associations, such as USA’s Foundation for Outdoor Advertising Research an Education, while others are studies commissioned by government entities or conducted by independent academics. A review of the studies suggests there is no consensus on the definitive impact that digital billboards have on distracted drivers, but there appears to be consensus that the a driver’s gaze on a digital billboard is rarely more than 2 seconds long. These studies all seem to be challenged with disentangling the distractive effect of a billboard from other potential distractions, including other signage, roadway design, and driver-initiated diversions such as cell phone use, particularly texting. These variables likely confound the ability of these studies to make a definitive determination. In any case, the science appears unsettled, and the studies themselves are often contested as to their practical implications. A REVIEW OF LOCAL DATA ON DISTRACTED DRIVING ACCIDENTS AT THREE LOCATIONS WITH DIGITAL BILLBOARDS We pulled publicly-available data from the Utah Department of Public Safety (DPS) and from the Utah Department of Transportation (UDOT) to examine accident data at three locations with digital billboards. At each location, we were able to identify specifically the number of “distracted driving accidents” from DPS data from 2013 to 2022, as well as the number of overall accidents and fatalities at each site. Using UDOT data on annual average daily traffic (AADT) for each of the sections, we were able to compare the growth in the number of accidents to the growth in AADT over the same time period. In addition, we provided baseline data for distracted driving accidents on 3300 South between Highland Drive and 1300 East. ---PAGE BREAK--- Digital Billboards and Distracted Driving – 21 March 2024 Page 3 of 7 State Street and University Parkway, Orem Sometime between 2012 and 2015, an existing three-sided billboard was replaced with the digital sign as seen in the street view image to the left. The previous sign also had a changeable sign face – but it was a mechanically operated tri-action sign. From 2012 to 2022, the traffic at the intersection of State Street and University Parkway increased from 43,000 AADT to 46,000 AADT. The accident data below includes any accident within approximately 500 feet of the center of the intersection. While trips through the intersection gradually increased over eight years, distracted driving were highest in 2012 and 2022 – 6. There were no fatalities at this intersection from 2012 to 2022. The overall rate of accidents increased on the road from 2012 to 2022, despite the traffic remaining roughly constant. Orem - State Street and University Parkway - Digital Sign Added Approximately 2014 2022 2021 2020 2019 2018 2017 Distracted Driving Accidents No Injury 5 2 3 1 2 1 Suspected Minor Injury 1 0 0 1 0 0 Possible Injury 0 0 0 0 1 1 Total Distracted Driving Accidents 6 2 3 2 3 2 Distracted Driving Accidents - Year-Over Change 200% -33% 50% -33% 50% -80% All Accidents 24 31 30 13 17 18 Fatalities 0 0 0 0 0 0 Annual Average Daily Traffic 46,000 47,000 41,000 47,000 47,000 46,000 AADT Year-Over Change 15% -13% 0% 2% 2% 2016 2015 2014 2013 2012 Distracted Driving Accidents No Injury 9 5 5 6 5 Suspected Minor Injury 0 3 1 0 0 Possible Injury 1 1 0 0 1 Total Distracted Driving Accidents 10 9 6 6 6 Distracted Driving Accidents - Year-Over Change 11% 50% 0% 0% - All Accidents 17 17 18 19 14 Fatalities 0 0 0 0 0 Annual Average Daily Traffic 45,000 43,000 41,000 39,000 43,000 AADT Year-Over Change 5% 5% 5% - ---PAGE BREAK--- Digital Billboards and Distracted Driving – 21 March 2024 Page 4 of 7 Highland Drive and Fort Union Boulevard, Cottonwood Heights A north-facing static billboard located at the northeast corner of Highland Drive and Fort Union Boulevard was replaced with a digital sign face sometime between 2012 and 2014. From 2012 to 2022, traffic at this intersection increased 20.4 percent. We examined accidents within 400 feet of the center of the intersection. Distracted driving accidents ranged from a low of zero in 2013, 2019, 2021, and 2022 to a high of five in 2014. There were no fatalities at this intersection from 2012 to 2022. The overall rate of accidents was fairly consistent despite the road experiencing heavier traffic between 2012 and 2022. Cottonwood Heights - Fort Union and Highland Drive - Digital Sign Added Approximately 2013 2022 2021 2020 2019 2018 2017 Distracted Driving Accidents No Injury 0 0 1 0 3 2 Suspected Minor Injury 0 0 1 0 0 0 Possible Injury 0 0 0 0 1 0 Total Distracted Driving Accidents 0 0 2 0 4 2 Distracted Driving Accidents - Year-Over Change 0% -100% 200% -100% 100% 0% All Accidents 23 24 28 11 21 20 Fatilities 0 0 0 0 0 0 Annual Average Daily Traffic 59,000 58,000 52,000 60,000 59,000 59,000 AADT Year-Over Change 2% 12% -13% 2% 0% 4% 2016 2015 2014 2013 2012 Distracted Driving Accidents No Injury 1 2 5 0 2 Suspected Minor Injury 0 0 0 0 1 Possible Injury 1 0 0 0 0 Total Distracted Driving Accidents 2 2 5 0 3 Distracted Driving Accidents - Year-Over Change 0% -60% 500% -100% - All Accidents 21 17 20 19 18 Fatilities 0 0 0 0 0 Annual Average Daily Traffic 57,000 55,000 52,000 50,000 49,000 AADT Year-Over Change 4% 6% 4% 2% - ---PAGE BREAK--- Digital Billboards and Distracted Driving – 21 March 2024 Page 5 of 7 I-80 Westbound to I-15 Northbound, South Salt Lake The transition from westbound I-80 to northbound I-15 is one of the busiest road sections in Utah, and it has one of the densest concentrations of large digital signs of anywhere in the state. In addition, there is a large freeway-oriented on-premise digital sign serving an automobile dealership on the east side of State Street at I-80. Four of these five signs were digitized between 2010 and the present. From 2012 to 2019, traffic grew from 121,000 AADT to 151,000 AADT, a 25 percent increase in eight years, and declined during and after the pandemic to a current AADT of 133,000. In each year, there were well over 100 traffic accidents along I-80 west of State Street to I-15, both northbound and southbound, in the area of the “Spaghetti Bowl” interchange. This is a busy and high-speed interchange, so it is expected that it would be the site of more accidents than the arterial roads discussed previously. Distracted driving accidents accounted for a limited number of overall accidents in the area, and there was only one fatal accident, which occurred in 2017. That accident was not coded by the DPS as a distracted driving accident. Distracted driving accidents peaked in 2017 and, by 2019, were lower relative to AADT than they were in 2013, before most of the signs along the corridor were digitized. In 2022, distracted driving accidents increased in this area for the first time since 2017. South Salt Lake - I-80 West to I-15 Northbound - West of State Street - Digital Signs Added Approximately 2015 2022 2021 2020 2019 2018 2017 Distracted Driving Accidents No Injury 3 2 2 3 6 10 Suspected Minor Injury 5 0 1 0 1 2 Possible Injury 2 3 2 2 1 3 Suspected Serious Injury 0 0 0 0 0 0 Total Distracted Driving Accidents 10 5 5 5 8 15 Distracted Driving Accidents - Year-Over Change 100% 0% 0% -38% -47% 25% All Accidents >100 >100 >100 >100 >100 >100 Fatilities 0 0 0 0 0 1 Annual Average Daily Traffic 133,000 131,000 130,000 151,000 148,000 144,000 AADT Year-Over Change 2% 1% -14% 2% 3% 2% 2016 2015 2014 2013 2012 Distracted Driving Accidents No Injury 6 6 4 5 6 Suspected Minor Injury 2 2 3 0 1 Possible Injury 3 2 0 0 0 Suspected Serious Injury 1 0 0 0 0 Total Distracted Driving Accidents 12 10 7 5 7 Distracted Driving Accidents - Year-Over Change 20% 43% 40% -29% - All Accidents >100 >100 >100 >100 >100 Fatilities 0 0 0 0 0 Annual Average Daily Traffic 141,000 134,000 127,000 123,000 121,000 AADT Year-Over Change 5% 6% 3% 2% - ---PAGE BREAK--- Digital Billboards and Distracted Driving – 21 March 2024 Page 6 of 7 BASELINE DATA FOR TRAFFIC AND DISTRACTED DRIVING ACCIDENTS FOR 3300 SOUTH BETWEEN HIGHLAND DRIVE AND 1300 EAST We examined traffic accidents on 3300 South between Highland Drive and 1300 East from 2013 and 2022. In this case, we looked comprehensively at accidents at both the 3300 South/1300 East intersection, and the 3300 South/Highland Drive intersection, as well as the run of road in between the intersection. Most of the accidents occurred at the intersections themselves, and not in between them. Between 2013 and 2022, AADTs on 3300 South between Highland Drive and 1300 East ranged from 22,000 in 2013 to 27,000 in 2019. In 2022, the AADT was 26,000. In this time, total accidents ranged from a high of 49 in 2013 to a low of 26 in 2021. In 2022, this section of road was the site of 38 accidents, 3 of which were caused by distracted driving. In the past ten years, 1 traffic accident-related fatality occurred on this section of road. Distracted driving accidents are relatively rare, and none caused suspected serious injuries. Compared to the other two arterial intersections we measured, the traffic accident counts are higher – but we note we examined two intersections in this case, not one, due to their proximity to one another. However, in other respects, 3300 South between Highland Drive and 1300 East is similar in character to University Parkway in Orem and Highland Drive in Cottonwood Heights, in that there are numerous curb cuts, a significant number of commercial uses, multiple turn lanes, and extensive commercial signage. We cannot ascertain any impact from the digital district sign on Millcreek Common in this data, as it was added in late 2022, however, the Unified Police Department reported 31 traffic accidents in 2023 at the 3300 S/1300 E intersection, 3300 S / Highland Dr intersection, and the run of road between. None of the accidents resulted in fatalities. Moreover, the road is being significantly impacted by construction activity that will make determining the impact of additional signage difficult for the foreseeable future. Millcreek - 3300 South between 1300 East and Highland Dr - Digital Sign Added in October 2022 2022 2021 2020 2019 2018 Distracted Driving Accidents No Injury 1 1 0 1 2 Suspected Minor Injury 2 0 0 1 1 Possible Injury 0 1 0 1 1 Suspected Serious Injury 0 0 0 0 0 Total Distracted Driving Accidents 3 2 0 3 4 Distracted Driving Accidents - Year-Over Change 50% 200% -100% -25% 100% All Accidents 38 26 31 35 31 Fatilities 0 0 0 0 0 Annual Average Daily Traffic 26,000 26,000 23,000 27,000 26,000 AADT Year-Over Change 0% 13% -15% 4% 0% 2017 2016 2015 2014 2013 Distracted Driving Accidents No Injury 1 3 0 3 1 Suspected Minor Injury 1 1 0 2 2 Possible Injury 0 0 1 0 3 Suspected Serious Injury 0 0 0 0 0 Total Distracted Driving Accidents 2 4 1 5 6 Distracted Driving Accidents - Year-Over Change -50% 300% -80% -17% - All Accidents 42 37 33 43 49 Fatilities 1 0 0 0 0 Annual Average Daily Traffic 26,000 25,000 24,000 23,000 22,000 AADT Year-Over Change 4% 4% 4% 5% - ---PAGE BREAK--- Digital Billboards and Distracted Driving – 21 March 2024 Page 7 of 7 DATA LIMITATIONS AND SUMMARY There are substantial limitations to this data. While the DPS data presents cell-phone related accidents different than other distracted driving accidents, the data does not provide any insight on the nature of other distractions. Moreover, there appears to be no correlation between traffic and the number of distracted driving accidents, at least in the areas where we obtained data. There is no evidence in any of these data sets to suggest a correlation between the digitization of billboards at these intersections and an increased number of distracted driving accidents, or even accidents overall. In fact, in all three cases, it appears that distracted driving accidents actually declined in 2018 and 2019, however in most of the cases studied overall traffic accidents increased from 2020 to 2022. Some research suggests that an overall increase in accidents is part of a national trend of dangerous driving and increased traffic accidents during the pandemic. The causes of traffic accidents are the results of a number of complicated variables, including vehicle design and safety, road speeds, distractions, and human behavior. However, it would stand to reason that if digital sign conversions resulted in deadlier roads, then it would be evidenced somewhere in the datasets above, which evaluated some of the busiest roads in the state. Based on local data, we cannot say with certainty that there is a correlation between the presence of digital billboards and an increase in the number of distracted driving accidents, at least at the three areas above, where it is known that signs changed from static to digital faces. ---PAGE BREAK--- RECOMMENDATION BY THE UTAH SIGN ASSOCIATION ---PAGE BREAK--- March 19, 2024 sent via email Mill Creek Planning Commission Francis Xavier Lilly, AICP Assistant City Manager / Planning Director Re: ZT-23-016 – Proposed Draft Sign Ordinance I am contacting you on behalf of the Utah Sign Association and the International Sign Association. Both associations work with jurisdictions to assist in the creation of beneficial and enforceable sign regulations. We appreciate the opportunity to provide input on the draft sign code. We appreciate the inclusion of several of our past recommendations. However, we still have a number of recommendations for your consideration and critical concerns with the proposed standards for illumination, which are highlighted below. The proposed illumination standards will make almost every sign in the City non-conforming which is not reasonable and will place a burden on the business community. Therefore, we recommend that the Planning Commission refer this draft ordinance to planning staff to resolve these important issues so as to meet the needs and goals of the community and provide reasonable and enforceable standards. 18.68.120 Illuminated Signs pg. 9 d. This section requires that all signs have a color temperature of 4,000 degrees kelvin or less. We recommend not regulate the color temperature since most franchises if not all specify color temperatures that greatly exceed 4,000 K. Also signs at this color temperature will appear yellow or off white and this may conflict with the Trademark of a business and not be in concert with the Lanham Act. This requirement will make almost every sign in Mill Creek non- conforming which is not reasonable or desirable. e. This section of the draft code requires that signs not exceed 100 nits. Illumination levels at 100 nits is not reasonable and may lead to signs that are not effective and legible. For instance, our recommended illumination level for electronic message centers is .3 above ambient light which equals 323 nits, which is about 60% below our recommended illumination level for electronic signs. Electronic message centers at 100 nits will appear washed out and not effective and may even be hazardous due to lack of safe legibility. Many existing signs will not conform with this standard and will become non-conforming. f. These sections propose sign illumination curfews to be turned off or dimmed to 50% of the original illumination at midnight, or the close of the business, whichever is later and that ---PAGE BREAK--- sign illumination shall remain off or dimmed until one hour prior to sunrise or opening of business, whichever is earlier. We are not in support of illumination curfews or reductions. Signs are designed to illuminate a message which constitutionally protected speech. Signs are not the same as area lighting for parking lots or walkways and should not be regulated in the same manner as area lighting. In addition, all existing static signs will not be able to be dimmed, which will require all businesses to turn off their sign at midnight unless they are open This is not desirable or reasonable. See attached Position Statement on pg. 11. The proposed illumination standards will make almost every sign in the City non-conforming which is not reasonable and will place a burden on the business community. Therefore, we recommend that the Planning Commission recommend to planning staff to resolve these important issues so as to meet the needs and goals of the community and provide for reasonable and enforceable standards. We have several other important recommendations in the attached document Summary of Recommendations along with some cited references. We appreciate your consideration of our recommendations. Sincerely, James Carpentier AICP Director State & Local Government Affairs ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs - Planning Commission Review Draft v 2 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. Summary of Comments on USA ISA comments Draft Sign code Millcreek 3.18.24.pdf Page: 10 Author: jcarpentier Subject: Sticky Note Date: 3/18/2024 5:14:31 PM Materials should compliment rather than emulate since materials that match the building may not translate to a signs. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs - Planning Commission Review Draft v 2 8 Table 18.68.113 Signs in Nonresidential Zones: C-1, M, MD, MD-3, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other Pole sign 48 sq. ft. plus 1 sq. ft. for each 4’ of street frontage over 30’, not to exceed 150 sq. ft. 15’ in C-1 zone, 20’ in C, M, MD, IF, and CCOZ zones. • 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 a pole sign is located within 100 feet of an existing residential use or a residential zone, the pole sign will be subject to a sign illumination curfew as set forth in MKZ 18.68.120(C). • Prohibited in CCOZ 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 in C-1 and CCOZ • On private property • Minimum of 5' from any property line. • At least 50’ from any other pole or monument sign. One per every 150’ of street frontage or part thereof. • If a monument sign is located within 100 feet of an existing residential use or a residential zone, the pole sign will be subject to a sign illumination curfew as set forth in MKZ 18.68.120(C). Flat/Wall sign 20% of a wall area, up to a maximum of 300 square feet in the C-1 zone, or up to a maximum 600 square feet in the C, M, and MD zones. • Must be attached to a building. • 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 May not extend above the top of the • Must be attached to a building. • 6’ maximum projection from building. Up to 3 walls per building • An awning sign may only be used if a flat or wall sign is not used. Page: 14 Author: jcarpentier Subject: Sticky Note Date: 3/18/2024 5:16:13 PM Exceptions need to made for a business that is open. Author: jcarpentier Subject: Sticky Note Date: 3/18/2024 5:18:13 PM A 4' sign in the C-1 district is not an appropriate or effective size sign. This should be at least ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs - Planning Commission Review Draft v 2 9 Table 18.68.113 Signs in Nonresidential Zones: C-1, M, MD, MD-3, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other • 50% of an awning may be covered with graphics wall it is attached to. • 8’ minimum clearance from the ground to the bottom of the awning. • 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 • 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. Page: 15 Author: jcarpentier Subject: Sticky Note Date: 3/19/2024 6:26:24 PM A projecting or blade sign is recommended to have the option to be illuminated. Author: jcarpentier Subject: Sticky Note Date: 3/18/2024 5:21:35 PM We recommend that 50% of the window area be allowed to be a window sign. This is a very effective and affordable sign type. Author: jcarpentier Subject: Sticky Note Date: 3/18/2024 5:24:47 PM Section A has language that allows for undue discretion, "A lighted sign shall not be installed which permits the light source to be seen by adjacent residential properties." Standards need to be stated that can be understood by the applicant and staff such as adjacent to residential uses and within 100'. Author: jcarpentier Subject: Sticky Note Date: 3/18/2024 5:29:06 PM Section C.1. a. has language that allows for undue discretion, "A lighted sign shall not be installed which permits the light source to be seen by adjacent residential properties." Standards need to be stated that can be understood by the applicant and staff such as adjacent to residential uses and within 100'. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.68 Signs - Planning Commission Review Draft v 2 10 c. The use of uplighting on signs is prohibited. All lighted signs shall direct their light downward. d. Light color temperature standard. Except for internally illuminated logos and text, all light sources used to illuminate signage shall have color temperature equal to or less than 3,000 4,000 degrees Kelvin (3,0004,000°K). e. Illuminance level standard. No sign shall have an illuminance level greater than 100 nits (100 candelas per square meter). f. Sign illumination curfew: Where required by this code, sign illumination shall be turned off or dimmed to fifty percent (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. b. Internally illuminated signs shall use semiopaque materials for sign copy such that the light emanating from the sign is diffused. Transparent or clear, materials are not allowed for sign copy. Pure white materials are prohibited for noncopy or logo portions of the sign background and graphics), and sign backgrounds 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. Page: 16 Author: jcarpentier Subject: Sticky Note Date: 3/18/2024 5:35:43 PM Illumination levels at 100 nits is not reasonable and may lead to signs that are not effective and legible. Many existing signs will not conform with this standard and will become non-conforming. Author: jcarpentier Subject: Sticky Note Date: 3/18/2024 6:06:32 PM Signs are designed to illuminate a message which constitutionally protected speech. Signs are not the same as area lighting for parking lots or walkways and should not be regulated in the same manner as area lighting. In addition many signs will not be able to be dimmed. Signs are designed to illuminate a message which constitutionally protected speech. Signs are not the same as area lighting for parking lots or walkways and should not be regulated in the same manner as area lighting. Author: jcarpentier Subject: Sticky Note Date: 3/18/2024 6:13:01 PM Not allowing the use of white materials for sign copy will be in violation with the Lanham Act that protects trademarks. See page 7 of the attached ISA Position Statements for additional information. Author: jcarpentier Subject: Sticky Note Date: 3/18/2024 6:10:30 PM Section 4.c. is not enforceable since "low lumen light levels" can result in undue discretion. ---PAGE BREAK--- February 1, 2024 sent via email Mill Creek Community Councils Francis Xavier Lilly, AICP Assistant City Manager / Planning Director Community Councils Canyon Rim Citizens Association Re: ZT-23-016 – Proposed Draft Sign Ordinance I am contacting you on behalf of the Utah Sign Association and the International Sign Association. Both associations work with jurisdictions to assist in the creation of beneficial and enforceable sign regulations. We appreciate the opportunity to provide input on the draft sign code. We do have a number of recommendations for your consideration and critical concerns with the proposed standards for illumination, which are highlighted below. The proposed illumination standards will make every sign in the City non-conforming which is not reasonable and will place a burden on the business community. Therefore, we recommend that the Community Council recommend to planning staff to resolve these important issues so as to meet the needs and goals of the community and provide for reasonable and enforceable standards. 18.68.120 Illuminated Signs pg. 9 d. This section requires that all signs have a color temperature of 3,000 degress kelvin or less. We recommend to not regulate the color temperature since most franchises if not all specify color temperatures that greatly exceed 3,000 K. Also signs at this color temperature will appear yellow and this may conflict with the Trademark of a business and not be in concert with the Lanham Act. This requirement will make every sign in Mill Creek non-confomring which is not reasonable or desirable. e. The section of the draft code requires that signs not exceed 100 nits. Illumination levels at 100 nits is not reasonable and may lead to signs that are not effective and legible. Many existing signs will not conform with this standard and will become non-conforming. f. These sections propose sign illumination curfews to be turned off or dimmed to 50% of the original illumination at midnight, or the close of the business, whichever is later and that sign illumination shall remain off or dimmed until one hour prior to sunrise or opening of business, whichever is earlier. We are not in support of illumination curfews or reductions. Signs are designed to illuminate a message which constitutionally protected speech. Signs are ---PAGE BREAK--- not the same as area lighting for parking lots or walkways and should not be regulated in the same manner as area lighting. In addition, all existing static signs will not be able to be dimmed, which will require all businesses to turn off their sign at midnight unless they are open This is not desirable or reasonable. See attached Position Statement on pg. 11. Table 18.68.113 Signs in Nonresidential Zones: M, MD, IF and CCOZ) pg. 7 This section requires a conditional use permit for pole signs exposed to a residential use. We do not recommend or support signs to require a conditional use for approval. This will often lead to an unknown outcome, add additional time and cost to obtain a permit. Most signs should be allowed by right. Exposed to a residential use will allow for undue discretion. Specific standards are recommended that will ensure signs are located so as to not cause a nuisance to neighboring residents that are easy for staff to administer and applicants to understand and meet the requirements. Table 18.68.113 Signs in Nonresidential Zones: M, MD, IF and CCOZ) pg. 8 This section proposed monument signs at a maximum height of We recommend the minimum height for sign copy be at 5' in order to allow for effective visibility as also recommend by American Planning Associations’, Street Graphics and the Law (attached see pages 35-40). Sign copy that is below 5' gets blocked by traffic as indicated in the attached report. Therefore, a minimum height of 10' to 12' is recommended for monument signs. The proposed illumination standards will make every sign in the City non-conforming which is not reasonable and will place a burden on the business community. Therefore, we recommend that the Community Council recommend to planning staff to resolve these important issues so as to meet the needs and goals of the community and provide for reasonable and enforceable standards. We have several other important recommendations in the attached document Summary of Recommendations along with some cited references. We appreciate your consideration of our recommendations. Sincerely, James Carpentier AICP Director State & Local Government Affairs ---PAGE BREAK--- 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. Summary of Comments on USA ISA comments Mill Creek Sign Ordinance Draft_Jan 2024.pdf Page: 1 Author: jcarpentier Subject: Sticky Note Date: 1/31/2024 10:40:26 PM We recommend to allow LED retrofit to enhance energy efficiency for non-confomring signs and for existing conforming signs. ---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: 2 Author: jcarpentier Subject: Sticky Note Date: 1/31/2024 10:36:03 PM This type of regulation that exempts time and temperature displays conflicts with the SCOTUS decision Reed v. Town of Gilbert. See attached reference Content Neutrality Post Reed & Austin. ---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: 5 Author: jcarpentier Subject: Sticky Note Date: 1/31/2024 11:05:09 PM The sign type by name such as construction and development sign should be avoided so as to comply with the SCOTUS decision Reed v. Town of Gilbert. See attached reference Content Neutrality Post Reed & Austin. ---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: 7 Author: jcarpentier Subject: Sticky Note Date: 1/31/2024 11:26:17 PM Exposed to adjacent properties will lead to undue discretion. Specific standards should be developed such as, for illumination within 100' of a residential use shall require downlit illumination. Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 12:09:09 AM We recommend to maintain the existing standard for M districts of 25' in height to minimize the creation of nonconforming signs. Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 5:21:22 PM We do not recommend or support signs to require a conditional use for approval. This will often lead to an unknown outcome, add additional time and cost to obtain a permit. Most signs should be allowed by right. Exposed to a residential use will allow for undue discretion. Specific standards are recommended that are easy for staff to administer and applicants to understand and meet the requirements. ---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: 8 Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 5:29:34 PM We recommend the minimum height for sign copy be at 5' in order to allow for effective visibility as also recommend by American Planning Associations, Street Graphics and the Law (attached see pages 35-40) . Sign copy that is below 5' gets blocked by traffic as indicated in the attached report. A minimum height of 10' to 12' is recommended for monument signs. Author: jcarpentier Subject: Sticky Note Date: 1/31/2024 11:46:42 PM We recommend to allow at least several wall signs per business within the allowable ratios to accommodate diversity in messaging and meet the business needs. ---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: 9 Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 12:26:59 AM We recommend to not regulate the color temperature since most franchises if not all specify color temperatures that greatly exceed 3,000 K. Also signs at this color temperature will appear yellow and this may conflict with the Trademark of a business and not be in concert with the Lanham Act. This requirement will make every sign in Mill Creek non-confomring which is not reasonable or desirable. Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 2:49:52 PM Illumination levels at 100 nits is not reasonable and may lead to signs that are not effective and legible. Many existing signs will not conform with this standard and will become non-conforming. Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 5:43:19 PM We are not in support of illumination curfews or reductions. Signs are designed to illuminate a message which constitutionally protected speech. Signs are not the same as area lighting for parking lots or walkways and should not be regulated in the same manner as area lighting. In addition many signs will not be able to be dimmed. See attached Position Statement on pg. 11. Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 2:57:34 PM We are not in support of illumination curfews or reductions. Signs are designed to illuminate a message which constitutionally protected speech. Signs are not the same as area lighting for parking lots or walkways and should not be regulated in the same manner as area lighting. See attached Position Statement on pg. 11. ---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: 10 Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 3:01:56 PM Not allowing the use of white materials for sign copy will be in violation with the Lanham Act that protects trademarks. See page 7 of the attached ISA Position Statements for additional information. ---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: 11 Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 12:20:20 AM We recommend to maintain 70% allowable area in the C-3 District that in the existing code. We recommend to incentivize a monument sign to allow 70% of the allowable area to be an EMC. ---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: 18 Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 3:04:32 PM Normal maintenance and repair needs to include an LED retrofit which will enhance efficiency. Author: jcarpentier Subject: Sticky Note Date: 2/1/2024 3:06:01 PM Additional standards should be included in the iconic sign section, such as exemption from the allowable sign area for a site or structure. See attached article on Saving Historic & Vintage Signs. ---PAGE BREAK--- COMMUNITY COUNCIL RECOMMENDATIONS ---PAGE BREAK--- February 7, 2024 To: Millcreek Planning and Zoning Millcreek Planning Commission Subjects: ZT-23-016 Sign Ordinance MKZ 19.82 For Millcreek Commons At the February 2, 2024, meeting of the East Mill Creek Community Council (EMCCC), planner, Francis Lilly, presented the Staff Report for amending the existing Sign Code, MKZ 19.82, to update standards. The Planning and Zoning Department will present their recommendations to both the City Council and the Planning Commission in February. Comments: Really appreciated the definitions; this document is very thorough and technical, and the definitions were great to reference as I read thru the document. Approve of the revision of standards to lower the nighttime illuminance at night. 18.68.050 A.4. Why don’t devices that only display time and/or temperature require a permit and not regulated by this chapter? 18.68.070 B. It was asked during the meeting about which property line – asked for clarification. Table 18.68.113 Pole Sign: clarify ‘If exposed to a residential use or … “ 18.68.140 C. Is a ‘temporary’ sign during construction? Unclear what defines a temporary sign. Typo: C. Any temporary, banner sign 18.68.170 D. Typo …subject the addition. (subject to the addition…) ---PAGE BREAK--- 18.68.180 C.2. Empty signs removed – does that include the structure (pole)? Add to definitions: Nits, Kelvin An email was received prior to the meeting from Joel Bown, a resident of Millcreek. He shares concerns and disagreements shared by citizens present and members of the East Millcreek Community Council There is a controversy to not support more digital billboards, even though this will eliminate two additional billboards for one digital billboard. Mr. Bown mentioned that in 2021 the city administration planned to install three digital district signs. Ultimately, the city abandoned 3 and settled for the one on 3300 S. Now, citizens express their disappointment that the city is now reintroducing two new digital district signs. Those in favor of the signs weighed toward the benefit of noticing to the community events and meetings. Those not in favor are against addition of two signs, especially digital even if it removed more billboard signs. After a discussion, and public input, East Millcreek Community Council made a motion to vote on this ordinance. The vote was 5 in favor and 3 not in favor. Lee Ann Hansen Vice Chair Land Use Cc: Francis Lilly ---PAGE BREAK--- February 19, 2024 To: Millcreek Planning Commission Applications: 1. CU-23-009 2. CU-24-001 3. ZM-24-001 4. ZT-23-011 5. ZT-23-016 Dear Millcreek Planning Commission, The Millcreek Community Council (MCC) reviewed the 5 applications listed above in our February meeting. 1. CU-23-009 The MCC discussed adding additional units and also adding additional parking. There was concern that the number of parking spaces included, particularly the two deep parking garages, would create a situation where owners store things in their garage and park in the shared parking area. The MCC voted 6 in favor, 4 against, and 1 abstaining to approve the CU with an amendment to add two additional parking spaces in the NW corner. 2. CU-24-001 The builder has been working with the MCC and city for some time to minimize any detrimental effects. The MCC voted 12-0 to approve the CU as presented. 3. ZM-24-001 Numerous residents showed up to the meeting to discuss this conditional use permit. All of them were against the proposed 6-unit addition where a single-family residence currently sits. Residents were concerned about traffic, renters, and the loss of single-family houses. There was some discussion among the council on whether the proposal would be better for residents if the units were sold versus rented. The MCC voted 7-5 in favor of not recommending the request to amend the general plan to accommodate this proposal, and also does not recommend the proposed rezone. 4. ZT-23-011 The MCC recommended by unanimous vote with 12 in favor, approval of the new Sensitive Lands Ordinance with the addition of paragraph 1975050 from the existing ordinance. 5. ZT-23-016 ---PAGE BREAK--- Numerous residents also showed up to discuss the proposed changes to Millcreek’s sign ordinance, and to comment on the city’s request to trade some number of traditional billboards for digital ones that the city would own around Millcreek Common. MCC members also received a few emails from residents stating their objection to any new digital billboards. The residents who showed up to the meeting were against the city building new digital billboards. There were plenty of ideas discussed between MCC members and city staff who presented the changes, including 1) increase the number of potential billboards that Reagan would agree to tear down in return for space on any future digital billboards; 2) to create an open and transparent system to determine which billboards will be swapped in any potential deal; and 3) having the city forego its 40% of the digital billboard time to remove more billboards from around the city. The MCC voted 12-0 in favor of adopting the city’s new sign ordinance, and also voted 9 in favor, 2 against, and one abstaining to approve the city’s plan to add digital billboards in return for removing traditional billboards as presented. Jacob Richardson 1st Vice Chair ---PAGE BREAK--- 1 Francis Lilly From: R Williamson <[EMAIL REDACTED]> Sent: Tuesday, February 13, 2024 9:32 PM To: Jeff Silvestrini; Bev Uipi; Cheri Jackson; Silvia Catten; Francis Lilly; Rita Lund; Thom Desirant Subject: [Ext] Mt. Olympus Community Council recommendations from Feb 5, 2024 To: Millcreek City Council, Millcreek Planning Commission From: Mt. Olympus Community Council Date: February 13, 2024 Subj: Draft Sign Ordinance and Draft Sensitive Lands Overlay Zone Ordinance Draft sign ordinance changes, ZT-23-016 During the Mt. Olympus Community Council meeting on Feb. 5, the MOCC made the decision to separate the draft sign ordinance deliberations and motions into two distinct categories as listed below: 1. The draft sign ordinance, minus (not including) the draft language dealing with the city’s plan to install two additional “district signs” within the city center (motion 2. The draft sign ordinance language dealing with the plan to install two additional “district signs” within the city center (motion After Francis’s Lilly’s presentation, extensive discussion and questions ensued among all MOCC members, and the following motions were voted on: Draft Sign Ordinance, ZT-23-016 “Motion The draft sign ordinance, minus (not including) the draft language dealing with the plan to install two additional district signs within the city center: As respects the draft sign ordinance, but specifically not including the draft language dealing with two additional “district signs within the city center, the Mount Olympus Community Council gives a positive recommendation. Outcome: passed, on a unanimous vote of all 8 members present. Motion as respects the draft sign ordinance language that will make legal the city’s plans to install two additional “district signs” in the city center. The Mount Olympus Community Council gives a negative recommendation. Outcome: 8 council members present, 4 in favor, 1 opposed, 3 abstentions. This motion failed because the “4 in favor” number was not a simple majority of those present, as required by the bylaws. The three members abstaining, when asked their reasons, gave these general observations: “not having enough information,” “not prepared to cast a vote,” “too much complexity and to many unknowns at this time.”** Motion The Mount Olympus Community Council tables further discussion and recommendation until a future meeting. Outcome: passed on an unanimous vote of all 8 members present. ---PAGE BREAK--- 2 **Some of the reasons for this outcome are listed below: Certain council members asked to review the results of the other three community councils (Millcreek, East Millcreek, and Canyon Rim) to assess their preferences before making a decision. Certain Council members asked if the City would consider making a better negotiation for billboard sq. footage to district sign sq. footage based on the differences in revenue comparisons, etc. Certain members questioned if the overall size (and placement) of the additional two signs could be reduced in size. Certain Council members expressed safety concerns about the distraction factor for passing drivers. Certain Council members expressed concern about the timing for each advertisement and if it could be extended for a longer duration (with a longer duration there could potentially be less distractions for drivers, as the timing of the digital sign that was presented was based on interstate/highway digital sign criteria). “It was generally felt that the city’s proposal for the additional 'district signs' had too many unknowns, making this issue not ripe for a recommendation.” Draft Sensitive Lands Overlay Zone Ordinance, ZT-23-011 Motion The Mount Olympus Community Council gives a positive recommendation for the adoption of this ordinance: Outcome: passed on a unanimous “yes” vote of all 8 members present. Respectfully, Richard Williamson Chair, Mt. Olympus Community Council ---PAGE BREAK--- 1 Francis Lilly From: Mike Rush <[EMAIL REDACTED]> Sent: Wednesday, February 21, 2024 9:12 AM To: Francis Lilly Cc: [EMAIL REDACTED] Subject: Re: [Ext] Community Council Recommendation Letter Francis, As you saw from our CRCA meeting, I’m am unsure we had consensus to provide a recommendation on the ordinance update or the potential sign deal. The motion that did was recognized that half the CRCA present were not moved in favor of the changes - so the recommendation we had put forward, seconded, and voted with three in favor, two abstains, and 1 nay was to ‘encourage the city of millcreek to pursue the digital signs.’ This recommendation is not of the ordinance change as there were many on the CRCA that felt that we needed more information to appropriately understand the ordinance change and implications. The sign trade idea as was quite contentious and the CRCA recognized the differing view points. While the three voting in favor of the resolution did want to see older billboards updated, this specific deal presented to the CRCA had us divided. I am unsure if we have consensus for a letter of recommendation either for or against the ordinance changes. Robert - if my notes and recollection are incomplete, please add to my response to Francis. Thanks, Mike Michael Rush, Ph.D. On Tue, Feb 20, 2024 at 5:48 PM Francis Lilly <[EMAIL REDACTED]> wrote: Hello gentlemen, Do I have a letter of recommend from you regarding our ordinance amendments? I’d love to get one from CRCA tomorrow, if possible! ---PAGE BREAK--- 1 Francis Lilly From: R Williamson <[EMAIL REDACTED]> Sent: Monday, March 11, 2024 7:48 PM To: Jeff Silvestrini; Bev Uipi; Cheri Jackson; Silvia Catten; Francis Lilly; Rita Lund; Thom Desirant Cc: [EMAIL REDACTED]; [EMAIL REDACTED]; [EMAIL REDACTED]; [EMAIL REDACTED]; [EMAIL REDACTED]; [EMAIL REDACTED] Subject: [Ext] Mt. Olympus Community Council recommendations from March 4, 2024 To: Millcreek City Council, Millcreek Planning Commission From: Mt. Olympus Community Council Date: March 11, 2024 Subj: Draft Sign Ordinance ZT-23-016 During the Mt. Olympus Community Council meeting on March 4th, the MOCC made the following motion: Motion: "Mount Olympus Community Council makes a negative recommendation on 2T-23-016 as regards the embedding of the installation of two digital district signs based on concerns around impacts on traffic safety and aesthetics." Outcome: Motion passed with a unanimous “yes” vote of all six members present. Respectfully, Richard Williamson Chair, Mt. Olympus Community Council ---PAGE BREAK--- Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-23-016 City Council Staff Report – Second Reading Meeting Date: 3/25/2024 Applicant: City Re: Adoption of a Revised Sign Ordinance Prepared By: Francis Xavier Lilly, AICP, Planning Director Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. REQUEST AND SYNOPSIS As part of Millcreek’s comprehensive zoning code update, Staff is seeking your input and recommendation regarding the adoption of a new Signs Ordinance. The existing signs ordinance is found here. Millcreek’s sign ordinance was updated in recent years. While much of the content in the existing regulations is still relevant, some tables and organizational structure left some requirements unclear. The new draft makes minor updates to standards, updates language for consistency, and improves clarity with new tables. The Planning Commission’s recommendation includes the following changes, which can be reviewed as Exhibit 1. New internal illumination standards that controls light temperature as well as brightness. 2. Revised standards for all electronic message centers, including a lower maximum illuminance requirement than currently required, and the installation of light protecting louvers for larger electronic message centers, such as the digital district sign on Millcreek Common. 3. Reduced height for monument signs. 4. A maximum area for wall signs, depending on the zone. 5. Limits on window signs to the first story of buildings. 6. A prohibition on electronic message centers for pole signs in commercial zones, to incentivize conversion to monument signs. 7. No additional digital district signs in the City Center. 8. Updated tables for readability. ---PAGE BREAK--- Request: Adoption of an Updated Sign Ordinance ZT-23-016 Page 2 of 2 After the Planning Commission meeting, planning staff undertook an additional review of the proposed ordinance, in consultation with the Code Compliance staff and the City Attorney, which can be reviewed as Exhibit Exhibit shows redline changes to the Planning Commission recommendation, and they are summarized as follows: 1. 19.82.030 – Prohibited Signs. For clarity, staff recommends creating a list of prohibited signs, rather than presenting the prohibitions in paragraph form. Additionally, staff recommends stating that certain prohibited signs are prohibited if they are visible from a public right-of-way, while other signs (such as searchlights) are prohibited regardless of their visibility from a public right-of-way. 2. Property Signs. Staff added a definition of “property sign” and clarified requirements. Property signs typically are no-trespassing or no-parking signs, but could be used as real estate signs on commercial properties as well. 3. Table 19.82.3. Staff inserted a provision for three district signs, with specific height allowances for signs on Highland Drive and 1300 East. Exhibit provides the City Council with an option to consider additional district signs. 4. 19.82.120 – Illuminated Signs. Exhibit replaces the initial recommendation of a maximum illumination for static signs of 100 nits with language that states that static signs can have an illumination of 0.2 footcandles above ambient light, and includes a method of measurement. The footcandle standard is the same standard used for electronic message centers, and staff recommends a consistent approach for static signs and EMCs. 5. 19.82.140 – Temporary Signs. Staff recommends clarifying time limits for temporary signage to reflect a period of time within a calendar year. Staff also recommends that yard signs be considered permanent signage as well as temporary. 6. 19.82.180 – Maintenance; Removal of Sign. Upon the recommendation of the Code Compliance team, staff revised language regarding noticing owners of a non-maintained sign about our requirement to bring the sign into compliance, and made reference to existing code regarding courtesy notices and notices of violation. 7. Technical Corrections. Staff is recommending numerous technical corrections to Exhibit to clarify which signs are prohibited and under what circumstances, to clarify other requirements, and to ensure content neutrality. Additional information, and links to the Planning Commission staff report, can be found in the previous City Council staff report, which was presented at the March 25, 2024 City Council Meeting. SUPPORTING DOCUMENTS • Exhibit – Planning Commission Recommendation • Exhibit – Staff Alternative (Redline changes to the Planning Commission Recommendation • City Council Staff Report – March 25, 2024 (URL) ---PAGE BREAK--- EXHIBIT (PLANNING COMMISSION RECOMMENDATION) 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, 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. 19.82.020 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 increase sign face square footage shall require conformance to this title. C. 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. D. 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. E. 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. 19.82.030 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 Page 3 ---PAGE BREAK--- 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. 19.82.040 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. 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. 19.82.050 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. Interior signs, not including window signs. Interior signs placed within three feet of window are considered window signs. 3. A sign that is set back a minimum of twenty feet (20’) from the public right of way and not exceeding the maximum height allowed in the zone. B. Signs for churches, schools, and private educational institutions having an academic curriculum similar to that ordinarily given in public schools shall be subject to the requirements for signs located in the commercial zone, and shall be regulated pursuant to state and federal law. 19.82.060 Approval of Sign Plans A. 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. Page 4 ---PAGE BREAK--- 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. 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. 19.82.070 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. 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 shall be measured from the grade at the property line of the yard in which the sign is located. 19.82.080 Imprint of Ownership Required The imprint of the sign owner and sign erector of all signs shall be in plain and public view. Page 5 ---PAGE BREAK--- 19.82.090 Sign Location Standards Figure 19.82.1 Visibility Diagram 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. B. 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. Page 6 ---PAGE BREAK--- 19.82.100 Design Standards A. All signs shall use materials that emulate the adjacent building. B. All single pole signs shall include pole covers and a sign base. Pole covers and sign bases shall be constructed of brick, stone, or architectural metal panels that extend at least 3 inches beyond the pole, and that fully conceals the entirety of the sign pole structure. 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 19.82.110 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 limitations which shall be applied in addition to the other standards of this Code. Table 19.82.1 Signs Allowed in All Zones Type Maximum Size Maximum Height Location Requirement Maximum Quantity Other General Construction/ development sign 32 square feet plus 1 square foot for each 10 feet of frontage over 30 feet not to exceed 64 square feet per development 12 feet • Minimum 5 feet from a public or private right- of-way. 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 Page 7 ---PAGE BREAK--- Table 19.82.1 Signs Allowed in All Zones Type Maximum Size Maximum Height Location Requirement Maximum Quantity Other Construction/ development Sign for Subdivisions of 5 lots or more 32 square feet plus 1 square foot for each lot over 5 not to exceed 64 square feet. 12 feet • Must be on the development site. • Located on private property. • Minimum of 5 feet from a public or private right- of-way. 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 foot vertical and 20 foot horizontal 12 feet prohibited in a public or private right-of-way. One per development or subdivision. • All signs must be approved by the planning commission for a period not to exceed one year. • Approval may be renewed by the Planning Director. Nameplate sign 3 square feet per use Attached to main structure. One per residential unit or business Backlit only Property sign 6 square feet 4 feet • On private property and • a minimum of 5 feet from a public or private right- of-way. Two per development, per frontage. Directional / Circulation sign 6 square feet 3 feet when freestanding • On private property and • a minimum of 5 feet from a public or private right- of-way. Two per development, per frontage. • Only permitted for non- residential uses • No illumination permitted. Page 8 ---PAGE BREAK--- Table 19.82.2 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 square feet plus 1 square foot for every 10 feet of frontage over 30 feet 6 feet • Prohibited in a right-of-way • Minimum of 5 feet from any property line One per street frontage • Only permitted for any of the following uses: 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. Flat/Wall sign • Five percent of a wall area in FRE and R-1 zones and fifteen percent (15%) • of a wall area in all other residential zones, up to a maximum of 200 square feet. 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. Page 9 ---PAGE BREAK--- Table 19.82.3 Signs in Nonresidential Zones: (C-1, C-2, C-3, M, MD, MD-3, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other District sign 288 square feet 26.5 feet • Must be located on City Property One in the City Center Overlay Zone. • Only allowed in CCOZ. Pole sign 48 square feet plus 1 square foot for each 4 feet of street frontage over 30 feet, not to exceed 150 square feet. 15 feet in C- 1 zone, 20 feet in C-2, C-3, M, MD, IF, and CCOZ zones. • 15 feet from any property line • At least 100 feet 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 a pole sign is located within 100 feet of an existing residential use or a residential zone, the pole sign will be subject to a sign illumination curfew as set forth in MKZ 18.68.120(C). • Prohibited in CCOZ. Monument sign 32 square feet plus 1 square foot for every 4 feet of frontage over 30 feet, not to exceed 64 square feet. 6 feet in C- 2, C-3,M, MD and IF 4 feet in in C-1 and CCOZ • On private property • Minimum of 5 feet from any property line. • At least 50 feet from any other pole or monument sign. One per every 150 feet of street frontage or part thereof. • If a monument sign is located within 100 feet of an existing residential use or a residential zone, the pole sign will be subject to a sign illumination curfew as set forth in MKZ 19.82.120(C). Page 10 ---PAGE BREAK--- Table 19.82.3 Signs in Nonresidential Zones: (C-1, C-2, C-3, M, MD, MD-3, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other Flat/Wall sign Twenty percent (20%) of a wall area, up to a maximum of 300 square feet in the C-1 zone, or up to a maximum 600 square feet in the C, M, and MD zones. • Must be attached to a building. • 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 • Twenty five percent (25%) coverage of a first floor wall area • Fifty percent (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 foot maximum projection from building. • 8 foot 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 square feet • Maximum 42-inch width May not extend above the top of the wall it is attached to. • Must be attached to a building. • 6 foot maximum projection from building. • 8 foot 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 square feet per use. One per business per street frontage Page 11 ---PAGE BREAK--- 19.82.120 Illuminated Signs A. An illuminated sign shall not be installed which permits the light source to be seen by adjacent residential properties. All illuminated signs shall direct their light downward to prevent dark sky illumination. B. If an illuminated sign is alleged to violate the requirements 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 lighting 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. 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. Except for internally illuminated logos and text, all light sources used to illuminate signage shall have color temperature equal to or less than 4,000 degrees Kelvin (4,000°K). e. No sign shall have an illuminance level greater than 100 nits (100 candelas per square meter). f. Sign illumination curfew: Where required by this code, sign illumination shall be turned off or dimmed to fifty percent (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: Page 12 ---PAGE BREAK--- 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. Internally illuminated signs: a. Lighting shall be limited to areas with text and logos areas. b. Internally illuminated signs shall use semiopaque materials for sign copy such that the light emanating from the sign is diffused. Transparent or clear, materials are not allowed for sign copy. Pure white materials are pemitted for copy and logo portions of the sign, but are prohibited for any other portion of the sign. Sign backgrounds shall be made of completely opaque material. 4. 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. 19.82.130 Electronic Message Center (EMC) Requirements A. An electronic message center is limited to the sign types and zones as set forth in Table 19.82.4. B. 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. C. The minimum image display duration shall be eight seconds. D. 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 Page 13 ---PAGE BREAK--- of flashing, animation, or movement. E. 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 adjust the illuminance according to ambient light conditions. F. Electronic Message Centers greater than one hundred square feet (100 sf) in area shall include physical light-blocking louvers to provide for vertical and horizontal light protected areas beyond 38 degrees of site broadcast. G. 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. 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. 5. Measurement shall take place at night, after the end of astronomical twilight as defined by the US National Weather Service. H. Upon receipt of an ambient light measurement and certification that the EMC meets all applicable requirements, the city shall record a Notice of Compliance and Acknowledgement of Sign Requirements with the Salt Lake County Recorder, on the property on which the EMC is located. Page 14 ---PAGE BREAK--- Table 19.82.4 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 150' of a residential use or zone C Monument 50% May not be located within 150' of a residential use or zone M Monument 70% May not be located within 150' of a residential use or zone Pole 50% May not be located within 150' of a residential use or zone CCOZ District 100% All other zones None NA EMC Not Permitted 19.82.140 Temporary Signs A. All temporary signs shall be located a minimum of five feet from a property line or right-of-way line, or as noted for a particular temporary sign type, from the public right- of-way. Area, size, location, and quantity limits for temporary signs are set forth in Table 19.82.5. B. Each business may have a temporary banner sign(s) located on the building with a total maximum square footage of fifty (50) square feet unless the business encompasses a building face with over one hundred fifty (150) linear feet. Such businesses may use up to ten percent (10%) of the first-floor building face square footage, but at no time shall the combination of temporary signs equal more than thirty percent (30%) of the first-floor building face. Other banners located in the landscaping, at least five feet from the property line, with temporary independent supports shall not exceed twenty (20) square feet and shall conform to the time period specified in MKZ 19.82.140 C. Temporary and banner signs are subject to the following time limits: 1. Temporary banner signs may be installed on a building face for up to six months. 2. Temporary grand opening signs may be installed on a building face for up to three months. Grand-opening signs shall be allowed for any new business that obtains a Page 15 ---PAGE BREAK--- new business license for the opening of a new establishment. A facility renovation requiring a building permit qualifies for a grand-opening sign. 3. All other temporary signs, except A-frames, may be displayed for a total time period of 6 weeks during any calendar year. D. 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. E. 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. F. Construction/development Project signs shall not exceed thirty two (32) square feet. Shall not be internally lit but may include external down lighting. Such signs shall not exceed ten feet (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 thirty (30) days of the final inspection or completion of the project. G. Temporary window signs shall be limited to a maximum of fifty percent (50%) coverage of window area. The fifty percent (50%) 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. H. 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 D above. I. Yard signs are allowed on a temporary basis and may be displayed outdoors for up to five months. Page 16 ---PAGE BREAK--- 19.82.150 Window Signs Figure 19.82.2 Window Sign Allowances Table 18.68.141 Temporary Signs Type Maximum Size Location Maximum Quantity Other Temporary attached • 50 square feet not to exceed thirty percent (30%) of the first-floor building façade or, • Ten percent (10% )of the first- floor building face square footage for facades longer than 150 feet Attached to main structure Cumulative area of all temporary attached signs not to exceed the square footage listed in the maximum size permitted. Temporary freestanding 20 square feet 5 feet from property line The cumulative total of all temporary freestanding signs may not exceed 20 sq ft per business. A-frame 12 square feet One foot from right-of- way One per business. Temporary Window Up to 50 percent of window may be covered No illumination permitted. Page 17 ---PAGE BREAK--- A. Permanent window signs shall be made from adhesive film and be used for privacy purposes or additional design for building facades. B. Window signs shall not cover more than fifty percent (50%) of any single window, nor more than thirty three percent (33%) of the entire surface area of a group of windows on each building face. A single window is any window, or section of windows, that is separated from another window by twelve inches (12”) or more. Any door with windows is always considered a separate window. C. Any interior sign placed within three feet of a window is considered a window sign. D. Window signs are limited to the first story of a building. 19.82.160 Off-Premises Sign Requirements Off-premises signs erected along the interstate as defined by the State of Utah shall conform with the provisions of the Utah Outdoor Advertising Act. 19.82.170 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 boundaries of the city as it was incorporated on December 28, 2016. This cap shall automatically decrease as billboards are annexed into a municipal jurisdiction or removed and not relocated. C. Billboards are only allowed in the C and M zones as a permitted use, subject the additional restrictions established in this chapter. D. Location. Billboards shall not be allowed in those locations listed in Subsection 6 of this chapter, below, notwithstanding the underlying zone. E. Size. Billboards shall not exceed three hundred (300) square feet, except as provided below: Page 18 ---PAGE BREAK--- 1. Signs that are intended to be viewed from an Interstate freeway travel lane shall not exceed six hundred seventy two (672) square feet. 2. Signs oriented for viewing along State Street and located within twenty feet (20’) feet of the State Street right-of-way shall not exceed six hundred seventy two (672’) square feet. F. Prohibited Locations. Billboards, notwithstanding the underlying zone, shall not be permitted anywhere within one hundred feet (100’) of the Main Street right-of-way, east of Interstate 215, or within five hundred feet (500’) 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 G. Height. The maximum height of a billboard shall be thirty two feet (32’) 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 fifty feet (50’) but in no event shall be greater than twenty five feet (25’) above freeway grade level. 2. In the event that a billboard cannot be viewed from any residential zone, it may exceed thirty two feet (32’) in height, up to a maximum height of forty 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 one hundred fifty feet (150’) of the residential zone boundary, and b. The billboard must be situated on the same side of the street and within fifty feet (50’) of an existing building or buildings and have no greater height than the immediately adjacent building(s). Page 19 ---PAGE BREAK--- H. Separation. The minimum distance between all billboards on the same side of the street shall be five hundred (500) lineal feet as measured along the same side of the street including intersections. All billboards must be at least two hundred fifty (250) radial feet from any other billboard located on the opposite side of the street from where a new sign is to be located. I. Setbacks. 1. Setbacks from Rights-of-Way. The minimum setback shall be five 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 one hundred feet (100’). 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 (150’). The minimum setback of a billboard may be reduced to one hundred feet (100’) 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 one hundred fifty feet (150’) of the proposed sign, as measured from the zone boundary line. J. 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. K. 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. Page 20 ---PAGE BREAK--- L. 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. M. 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 one hundred fifty (150) radial feet from any other billboard. 2. The maximum height of a billboard may be increased to forty feet (40’) in height, subject to the standards established above. N. 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 twenty feet (20’) of the State Street right-of- way. Page 21 ---PAGE BREAK--- O. 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 six hundred feet (600’) 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. 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. P. 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 five hundred feet (500’) of the property Page 22 ---PAGE BREAK--- 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. Q. 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. R. 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. 19.82.180 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. 19.82.190 Non-Conforming Signs A. Alterations. 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 Page 23 ---PAGE BREAK--- 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 of existing sign structures, or of existing electronic message centers. 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 twenty five percent (25%) of the front façade of the building. Overall height, size, and shape of the sign shall not be increased. e. 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. 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 fifty percent (50%) of their assessed value shall, if repaired or rebuilt be repaired or rebuilt in conformity with the regulations of this Code. 19.82.200 Iconic Signs A. The City has recognized the following iconic signs: 1. Tres Hombres non-rectilinear sign at 3298 S Highland Drive 2. Bowling Sign at 1376 E 3300 S 3. Artesian Springs sign 4197 Main Street 4. Villa Theatre Sign 3092 S Highland Drive 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. Page 24 ---PAGE BREAK--- C. Iconic sign shapes may not be altered. D. Electronic message centers may not be incorporated into an iconic sign. E. A property with an iconic sign may also be allowed a monument sign or a pole sign, subject to the standards of this chapter. Iconic signs shall not be included in the minimum distance requirements established by this chapter for pole signs and monument signs. 19.82.210 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; 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. 19.82.220 Definitions And Interpretation of Language For the purpose of this chapter, certain words and terms are defined as set out in this section. Words used in the present tense include the future; words in the singular number include the plural and the plural the singular; and words included herein but defined in the building code shall be construed as defined therein. "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. Page 25 ---PAGE BREAK--- "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. “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. Page 26 ---PAGE BREAK--- "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. “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. Page 27 ---PAGE BREAK--- "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, or a sign that is greater than sixteen square feet in area and that is mounted on a vehicle. "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. “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. Page 28 ---PAGE BREAK--- "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. "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. Page 29 ---PAGE BREAK--- "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. Any interior signs placed within three feet of window is considered a window sign. “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. Page 30 ---PAGE BREAK--- EXHIBIT (STAFF ALTERNATIVE) 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, 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. 19.82.020 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 increase sign face square footage shall require conformance to this title. C. 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. D. 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. E. 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. 19.82.030 Prohibited Signs A. Signs not specifically allowed by this chapter are prohibited. Prohibited shall include, but not be limited to the following: 1. Snipe, feather, blower machines, streamers/pennants, inflatable signs, and mobile signs located anywhere on a property that is visible from a public right-of-way. 2. Signs on vehicles parked within 20 feet (20’) of a public right-of-way. 3. 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 a public right- of-way. Page 31 ---PAGE BREAK--- 4. Searchlights located anywhere on private property. 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. 19.82.040 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. 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. 19.82.050 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 that do not exceed six feet in height or thirty two (32) square feet in area. 2. Interior signs, not including window signs. Interior signs placed within three feet of window are considered window signs. 3. A sign, excluding the prohibited signs listed in MKZ 19.82.030, that is set back a minimum of twenty feet (20’) not visible from the public right of way and not exceeding the maximum height of the tallest pole or monument sign allowed in the zone. B. Signs for churches, schools, and private educational institutions having an academic curriculum similar to that ordinarily given in public schools shall be subject to the requirements for signs located in the commercial C-1 zone, and shall be regulated pursuant to state and federal law. Page 32 ---PAGE BREAK--- 19.82.060 Approval of Sign Plans A. 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 on the subject property: 1. The location of all existing or proposed signs on the property parcel of ground. 2. The sign type, height, area, and setback of each existing and proposed signs on the property. 3. A conceptual rendering of each proposed sign on the property. 4. Renderings or photos of existing signs on the property. B. 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 on the property. 2. A conceptual rendering of each proposed sign on the property. 3. A site plan showing the location of existing and proposed signs on the property. 4. Building elevations showing any wall signs. 19.82.070 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. 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 shall be measured from the grade at the property line of the yard in which the sign is located. Page 33 ---PAGE BREAK--- 19.82.080 Imprint of Ownership Required The imprint of the sign owner and sign erector of all signs shall be in plain and public view. 19.82.090 Sign Location Standards Figure 19.82.1 Visibility Diagram A. Visibility at intersections: Visibility at intersections shall be as depicted in Figure 19.82.1 and more particularly as described herein: 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. In instances where property lines are not readily visible or established, the triangular area shall be formed by following the edge of pavement and a line connecting them at points fifty (50) feet from the point of intersection. 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. Page 34 ---PAGE BREAK--- b. A service sign located within the clear view of an intersection shall not exceed 30 inches three feet in height measured from grade. B. 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. 19.82.100 Design Standards A. All signs shall use materials that emulate the adjacent building. B. All single pole signs shall include pole covers and a sign base. Pole covers and sign bases shall be constructed of brick, stone, or architectural metal panels that extend at least 3 inches beyond the pole, and that fully conceals the entirety of the sign pole structure. 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 19.82.110 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 limitations which shall be applied in addition to the other standards of this Code. Page 35 ---PAGE BREAK--- Table 19.82.1 Signs Allowed in All Zones Type Maximum Size Maximum Height Location Requirement Maximum Quantity Other General Construction/ development sign in general 32 square feet plus 1 square foot for each 10 feet of frontage over 30 feet not to exceed 64 square feet per development 12 feet • Minimum 5 feet from a public or private right- of-way. 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 square feet plus 1 square foot for each lot over 5 not to exceed 64 square feet. 12 feet • Must be on the development site. • Located on private property. • Minimum of 5 feet from a public or private right- of-way. 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 foot vertical and 20 foot horizontal 12 feet prohibited in a public or private right-of-way. One per development or subdivision. • All signs must be approved by the planning commission Planning Director for a period not to exceed one year. • Approval may be renewed by the Planning Director. Nameplate sign 3 square feet per use Attached to main structure. One per residential unit or business Backlit only Page 36 ---PAGE BREAK--- Table 19.82.1 Signs Allowed in All Zones Type Maximum Size Maximum Height Location Requirement Maximum Quantity Other Property sign 6 square feet 4 feet 3 feet when freestanding • On private property and a minimum of 5 feet from a public or private right- of-way. Two per development, per frontage. One sign for each access, and one sign for every 50 feet of frontage. Directional / Circulation sign 6 square feet 3 feet when freestanding • On private property and a minimum of 5 feet from a public or private right- of-way. Two per development, per frontage. • Only permitted for non- residential uses • No illumination permitted. Table 19.82.2 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 square feet plus 1 square foot for every 10 feet of frontage over 30 feet 6 feet • Prohibited in a right-of-way • Minimum of 5 feet from any property line One per street frontage • Only permitted for any of the following uses: 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 Page 37 ---PAGE BREAK--- Table 19.82.2 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 residential use. Flat/Wall sign • Five percent of a wall area in FRE and R-1 zones and fifteen percent (15%) • of a wall area in all other residential zones, up to a maximum of 200 square feet. 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 19.82.3 Signs in Nonresidential Zones: (C-1, C-2, C-3, M, MD, MD-3, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other District sign 288 square feet • 26.5 feet for signs located on 3300 South or Highland Drive. • 30 feet for a sign located on 1300 East. • Must be located on City Property One Three in the City Center Overlay Zone. • Only allowed in CCOZ. Page 38 ---PAGE BREAK--- Table 19.82.3 Signs in Nonresidential Zones: (C-1, C-2, C-3, M, MD, MD-3, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other Pole sign 48 square feet plus 1 square foot for each 4 feet of street frontage over 30 feet, not to exceed 150 square feet. 15 feet in C- 1 zone, 20 feet in C-2, C-3, M, MD, IF, and CCOZ zones. • 15 feet from any property line • At least 100 feet 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 a pole sign is located within 100 feet of an existing residential use or a residential zone, the pole sign will be subject to a sign illumination curfew as set forth in MKZ 19.82.120(C). • Prohibited in CCOZ. Monument sign 32 square feet plus 1 square foot for every 4 feet of frontage over 30 feet, not to exceed 64 square feet. 6 feet in C- 2, C-3,M, MD and IF 4 feet in in C-1 and CCOZ • On private property • Minimum of 5 feet from any property line. • At least 50 feet from any other pole or monument sign. One per every 150 feet of street frontage or part thereof. • If a monument sign is located within 100 feet of an existing residential use or a residential zone, the pole sign will be subject to a sign illumination curfew as set forth in MKZ 19.82.120(C). Flat/Wall sign Twenty percent (20%) of a wall area, up to a maximum of 300 square feet in the C-1 zone, or up to a maximum 600 square feet in the C, M, and MD zones. • Must be attached to a building. • Only permitted if an awning sign is not used. • Illumination permitted if the downlit or built into the letters. • No upward illumination permitted. Page 39 ---PAGE BREAK--- Table 19.82.3 Signs in Nonresidential Zones: (C-1, C-2, C-3, M, MD, MD-3, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other Awning sign • Twenty five percent (25%) coverage of a first floor wall area • Fifty percent (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 foot maximum projection from building. • 8 foot 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 square feet • Maximum 42-inch width May not extend above the top of the wall it is attached to. • Must be attached to a building. • 6 foot maximum projection from building. • 8 foot 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 square feet per use. One per business per street frontage Page 40 ---PAGE BREAK--- 19.82.120 Illuminated Signs A. Any sign that is illuminated shall not permit An illuminated sign shall not be installed which permits the light source to be directly visible from any ground-level vantage point on a residential property seen by adjacent residential properties. All illuminated signs shall direct their light downward to prevent dark sky illumination. B. If an illuminated sign is alleged to violate the requirements 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 lighting 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. 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. Any sign that is illuminated shall not permit the light source to be directly visible from any ground-level vantage point on a residential property. 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. Except for internally illuminated logos and text, all light sources used to illuminate signage shall have color temperature equal to or less than 4,000 degrees Kelvin (4,000°K). e. No sign shall have an illuminance level greater than 100 nits (100 candelas per square meter). The nighttime illuminance of an electronic message center shall not increase ambient lighting by more than 0.2 footcandles when measured as follows: The measurement distance is determined by the following formula: (√Area of display x 10) = Measurement distance in feet. Page 41 ---PAGE BREAK--- For example, a display of 25 square feet would be measured at a distance of 50’ since (√25 x 10)= 50. Measurements shall be taken at the required distance perpendicular to the sign face. An ambient light measurement shall be taken using a footcandle meter at the required distance with the sign turned off. 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. Measurement shall take place at night, after the end of astronomical twilight as defined by the US National Weather Service. f. Sign illumination curfew: Where required by this code, sign illumination shall be turned off or dimmed to fifty percent (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. Internally illuminated signs: a. Lighting shall be limited to areas with text and logos areas. b. Internally illuminated signs shall use semiopaque materials for sign copy such that the light emanating from the sign is diffused. Transparent or clear, materials are not allowed for sign copy. Pure white materials are pemitted for copy and logo portions of the sign, but are prohibited for any other portion of the sign. Sign backgrounds shall be made of completely opaque material. Page 42 ---PAGE BREAK--- 4. 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. 19.82.130 Electronic Message Center (EMC) Requirements A. An electronic message center is limited to the sign types and zones as set forth in Table 19.82.4. B. 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. C. The minimum image display duration shall be eight seconds. D. 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. E. 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 adjust the illuminance according to ambient light conditions. F. Electronic Message Centers greater than one hundred square feet (100 sf) in area shall include physical light-blocking louvers to provide for vertical and horizontal light protected areas beyond 38 degrees of site broadcast. G. The nighttime illuminance of an electronic message center shall not increase ambient lighting by more than 0.2 footcandles when measured as follows: 1. The measurement distance is determined by the following formula: a. (√Area of display x 10) = Measurement distance in feet. Page 43 ---PAGE BREAK--- 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. 3. An ambient light measurement shall be taken using a footcandle 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. 5. Measurement shall take place at night, after the end of astronomical twilight as defined by the US National Weather Service. H. Upon receipt of an ambient light measurement and certification that the EMC meets all applicable requirements, the city shall record a Notice of Compliance and Acknowledgement of Sign Requirements with the Salt Lake County Recorder, on the property on which the EMC is located. Page 44 ---PAGE BREAK--- Table 19.82.4 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 150' of a residential use or zone C Monument 50% May not be located within 150' of a residential use or zone M Monument 70% May not be located within 150' of a residential use or zone Pole 50% May not be located within 150' of a residential use or zone CCOZ District 100% All other zones None NA EMC Not Permitted 19.82.140 Temporary Signs A. All temporary signs shall be located a minimum of five feet from a property line or right-of-way line, or as noted for a particular temporary sign type, from the public right- of-way. Area, size, location, and quantity limits for temporary signs are set forth in Table 19.82.5. B. Each business may have a temporary banner sign(s) located on the building with a total maximum square footage of fifty (50) square feet unless the business encompasses a building face with over one hundred fifty (150) linear feet. Such businesses may use up to ten percent (10%) of the first-floor building face square footage, but at no time shall the combination of temporary signs equal more than thirty percent (30%) of the first-floor building face. Other banners located in the landscaping, at least five feet from the property line, with temporary independent supports shall not exceed twenty (20) square feet and shall conform to the time limits period specified in MKZ 19.82.140 C. Temporary and banner signs are subject to the following time limits: 1. Temporary banner signs may be installed on a building face for up to six months during any calendar year. Page 45 ---PAGE BREAK--- 2. Temporary grand opening signs may be installed on a building face for up to three months during any calendar year. 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. 3. All other temporary signs, except A-frames, may be displayed for a total time period of 6 weeks during any calendar year. D. 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. E. 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. F. Construction/development Project signs shall not exceed thirty two (32) square feet. Shall not be internally lit but may include external down lighting. Such signs shall not exceed ten feet (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 thirty (30) days of the final inspection or completion of the project. G. Temporary window signs shall be limited to a maximum of fifty percent (50%) coverage of window area. The fifty percent (50%) 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. H. 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 D above. I. Yard signs are allowed on a temporary basis and may be displayed outdoors for up to five months. Page 46 ---PAGE BREAK--- 19.82.150 Window Signs Figure 19.82.2 Window Sign Allowances Table 19.82.5 Temporary Signs Type Maximum Size Location Maximum Quantity Other Temporary attached • 50 square feet not to exceed thirty percent (30%) of the first-floor building façade or, • Ten percent (10% )of the first- floor building face square footage for facades longer than 150 feet Attached to main structure Cumulative area of all temporary attached signs not to exceed the square footage listed in the maximum size permitted. Temporary freestanding 20 square feet 5 feet from property line The cumulative total of all temporary freestanding signs may not exceed 20 sq ft per business. A-frame 12 square feet One foot from right-of- way One per business. Temporary Window Up to 50 percent of window may be covered No illumination permitted. Page 47 ---PAGE BREAK--- A. Permanent window signs shall be made from adhesive film and be used for privacy purposes or additional design for building facades. B. Window signs shall not cover more than fifty percent (50%) of any single window, nor more than thirty three percent (33%) of the entire surface area of a group of windows on each building face. A single window is any window, or section of windows, that is separated from another window by twelve inches (12”) or more. Any door with windows is always considered a separate window. C. Any interior sign placed within three feet of a window is considered a window sign. D. Window signs are limited to the first story of a building. 19.82.160 Off-Premises Sign Requirements Off-premises signs erected along the interstate as defined by the State of Utah shall conform with the provisions of the Utah Outdoor Advertising Act. 19.82.170 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 boundaries of the city as it was incorporated on December 28, 2016. This cap shall automatically decrease as billboards are annexed into a municipal jurisdiction or removed and not relocated. C. Billboards are only allowed in the C and M zones as a permitted use, subject the additional restrictions established in this chapter. D. Location. Billboards shall not be allowed in those locations listed in Subsection 6 of this chapter, below, notwithstanding the underlying zone. E. Size. Billboards shall not exceed three hundred (300) square feet, except as provided below: Page 48 ---PAGE BREAK--- 1. Signs that are intended to be viewed from an Interstate freeway travel lane shall not exceed six hundred seventy two (672) square feet. 2. Signs oriented for viewing along State Street and located within twenty feet (20’) feet of the State Street right-of-way shall not exceed six hundred seventy two (672’) square feet. F. Prohibited Locations. Billboards, notwithstanding the underlying zone, shall not be permitted anywhere within one hundred feet (100’) of the Main Street right-of-way, east of Interstate 215, or within five hundred feet (500’) 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 G. Height. The maximum height of a billboard shall be thirty two feet (32’) 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 fifty feet (50’) but in no event shall be greater than twenty five feet (25’) above freeway grade level. 2. In the event that a billboard cannot be viewed from any residential zone, it may exceed thirty two feet (32’) in height, up to a maximum height of forty 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 one hundred fifty feet (150’) of the residential zone boundary, and b. The billboard must be situated on the same side of the street and within fifty feet (50’) of an existing building or buildings and have no greater height than the immediately adjacent building(s). Page 49 ---PAGE BREAK--- H. Separation. The minimum distance between all billboards on the same side of the street shall be five hundred (500) lineal feet as measured along the same side of the street including intersections. All billboards must be at least two hundred fifty (250) radial feet from any other billboard located on the opposite side of the street from where a new sign is to be located. I. Setbacks. 1. Setbacks from Rights-of-Way. The minimum setback shall be five 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 one hundred feet (100’). 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 (150’). The minimum setback of a billboard may be reduced to one hundred feet (100’) 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 one hundred fifty feet (150’) of the proposed sign, as measured from the zone boundary line. J. 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. K. 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. Page 50 ---PAGE BREAK--- L. 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. M. 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 one hundred fifty (150) radial feet from any other billboard. 2. The maximum height of a billboard may be increased to forty feet (40’) in height, subject to the standards established above. N. 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 twenty feet (20’) of the State Street right-of- way. Page 51 ---PAGE BREAK--- O. 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 six hundred feet (600’) 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. 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. P. 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 five hundred feet (500’) of the property Page 52 ---PAGE BREAK--- 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. Q. 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. R. 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. 19.82.180 Maintenance; Removal of Sign A. All signs and advertising structures shall be maintained in good condition. B. After a verbal notification Upon receipt of a courtesy notice pursuant to MKC 1.18.165 that a sign or advertising copy is not maintained in good condition, non-maintained signs or advertising copy, the sign owner shall remove or repair the sign that are not removed or repaired within the required thirty days., If the sign is not removed or repaired within thirty days, the owner(s) shall be given a notice of violation pursuant to MKC 1.18.170.written notice sent by certified mail. In addition to the civil penalties listed in the notice of violation, the city may state that 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, unless the owner removes the sign or copy within ten (10) days. 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. Page 53 ---PAGE BREAK--- 19.82.190 Non-Conforming Signs A. Alterations. 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 of existing sign structures, or of existing electronic message centers. 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 twenty five percent (25%) of the front façade of the building. Overall height, size, and shape of the sign shall not be increased. e. 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. 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 fifty percent (50%) of their assessed value shall, if repaired or rebuilt be repaired or rebuilt in conformity with the regulations of this Code. 19.82.200 Iconic Signs A. The City has recognized the following iconic signs: 1. Tres Hombres non-rectilinear sign at 3298 S Highland Drive 2. Bowling sign at 1376 E 3300 S 3. Artesian Springs sign 4197 Main Street 4. Villa Theatre sign 3092 S Highland Drive Page 54 ---PAGE BREAK--- 5. Dr. England Plumbing sign 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. E. A property with an iconic sign may also be allowed a monument sign or a pole sign, subject to the standards of this chapter. Iconic signs shall not be included in the minimum distance requirements established by this chapter for pole signs and monument signs. 19.82.210 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; 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. 19.82.220 Definitions And Interpretation of Language For the purpose of this chapter, certain words and terms are defined as set out in this section. Words used in the present tense include the future; words in the singular number include the plural and the plural the singular; and words included herein but defined in the building code shall be construed as defined therein. Page 55 ---PAGE BREAK--- "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. “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 property 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. Page 56 ---PAGE BREAK--- “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 movement or rotation of the a sign’s lighting elements or displays that produce 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. “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. Page 57 ---PAGE BREAK--- "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, or a sign that is greater than sixteen square feet in area and that is mounted on a vehicle. "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. “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. “Property sign” means a sign that is affixed to a fence or building wall or located in a yard that typically communicates the rights the owner of a property wishes to enforce regarding parking, use, or access. Page 58 ---PAGE BREAK--- "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. "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. Page 59 ---PAGE BREAK--- “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. Any interior signs placed within three feet of window is considered a window sign. “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. Page 60