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Brigham City City Zoning Code

SIGN REGULATIONS

§ 156.480 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AWNING. A retractable or non-retractable shelter projecting from and supported by the exterior wall of a building, constructed of non-rigid materials on a supporting framework.
   BANNER. Any sign of lightweight fabric or similar material that is secured or anchored to its support at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered BANNERS.
   BILLBOARD. Any sign, detached or attached, except a ghost sign, exceeding 64 square feet in area and which is designed or intended to direct attention to a business, product, service, event or attraction that is not sold, offered or existing on the property where the sign is located.
   BILLBOARD, ABANDONED. Any billboard which has been left without needed protection, care or support or maintenance for at least 12 months.
   BILLBOARD, DIGITAL. Any billboard which uses electronically projected text, images or graphics. DIGITAL BILLBOARDS include, but are not limited to, billboards that use light emitting diodes (LEDs), plasma displays, fiber optics or other technology that results in bright, high-resolution text, images and graphics.
   BILLBOARD, EXISTING. A billboard which was constructed, maintained and in use or for which a permit was issued on or before 3-3-2022.
   BILLBOARD, NEW. A billboard for which a permit to construct is issued after 3-3-2022.
   BILLBOARD, NON-CONFORMING. An existing billboard which is located in an area or zone not permitted by the provisions of this chapter.
   CANOPY. A roofed structure constructed of fabric or other material placed so as to extend outward from a building providing a protective shield for doors, windows and other openings supported by the building and supports extending to the ground directly under the CANOPY.
   COPY. Alphabetic or numeric information that together with logos, conveys the primary message of a sign.
   CURFEW. The time between 12:00 a.m. and 6:00 a.m. where within digital signs are required to be shut off.
   DWELL TIME. The length of time that elapses between changes in text, images or graphics on a digital sign.
   FIELD. The background of certain types of signs, which is uniform in color and appearance and upon which copy and logos are displayed.
   FLAG. Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
   LOGO. A symbol or trademark of a company designed for easy recognition, which may or may not include alphanumeric copy.
   MARQUEE. A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building.
   PARAPET. The extension of a false front or wall above a roof line.
   PREMISES. A lot, parcel, tract or plot of land together with any buildings or structures thereon.
   PUBLIC PROPERTY. Any property owned by a governmental entity.
   ROTATION TIME. The time it takes for static text, image and graphic on a digital sign to transition to a different text, image or graphic.
   SIGN. Any advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space placed, erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, and visible from outdoors. The definition of SIGN shall also include the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers.
   SIGN AREA, CUMULATIVE. The cumulative area for all signs on a building for building-mounted signs and, in addition, the cumulative area of all free-standing signs on a site.
   SIGN AREA. For signs that have a frame or a separate background, the area of a sign that is used for writing, representation, emblem or other display purposes located within the area of the frame or separate background containing the display, excluding the structural supporting framework, bracing or wall provided such wall meets zoning ordinance regulations and is clearly incidental to the display itself. In computing SIGN AREA, only one side of a back-to-back or double face sign shall be computed when the signs are parallel or diverge from a common edge by an angle of not more than 30 degrees. For signs that do not have a frame or a separate background, SIGN AREA shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display, including any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. When a low-profile sign is mounted on a base rising a maximum of three feet and consisting of materials matching the predominant materials used in the construction of the principal building on the premises where the sign is located, the area of the base shall not be included in the calculation of sign area.
   SIGN HEIGHT. The vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. When a low-profile sign is mounted on a base rising a maximum of three feet and consisting of materials matching the predominant materials used in the construction of the principal building on the premises where the sign is located, the height of the base shall not be included in the calculation of SIGN HEIGHT.
   SIGN, ABANDONED. Any sign applicable to a use that has been discontinued for a period of three or more months.
   SIGN, ANIMATED. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. Such motion does not refer to methods of changing copy. ANIMATED SIGN does not include a digital sign, as defined herein.
   SIGN, AWNING. Any sign painted on, attached to or otherwise incorporated into an awning.
   SIGN, BUS BENCH. Any sign incorporated into the design and/or construction of a bench providing seating for users of a public transportation system.
   SIGN, CABINET. A sign consisting of a frame, usually but not necessarily consisting of metal, containing or covered by transparent, translucent or opaque material that includes the sign copy.
   SIGN, CANOPY. Any sign painted on, attached to or otherwise incorporated into a canopy.
   SIGN, CHANGEABLE COPY. A sign that is characterized by graphical content that can be changed or altered through manual, mechanical or electronic means. CHANGEABLE COPY SIGN does not include a digital sign, as defined herein.
   SIGN, CONSTRUCTION. A temporary sign placed on a site identifying a new development, the project contractor, builder and/or institution providing financing for the project. CONSTRUCTION SIGNS may include a plat map, project marketing sign and real estate information.
   SIGN, DIGITAL. Any sign or portion thereof that uses light emitting diode technology or other similar technology to produce an illuminated image, picture or message of any kind whether the image, picture or message is moving or stationary. This type of sign includes any sign that uses LED technology of any kind, whether conventional (using discrete LEDs), surface mounted (otherwise known as individually mounted LEDs), transmissive, organic light emitting diodes (OLED), light emitting polymer (LEP), organic electro polymer (OEL) or any other similar technology.
   SIGN, DIRECTIONAL/INFORMATIONAL (OFF-PREMISES). Signs that serve as directional guides for vehicular or pedestrian traffic to:
      (1)   Recognized areas of regional importance and patronage, including:
         (a)   Recreational and entertainment centers of recognized regional significance;
         (b)   Religious, civic or fraternal organizations;
         (c)   Historical landmarks, churches, schools, community centers, hospitals, parks or other such sites; and
         (d)   Public safety, municipal directional, parking and essential services.
      (2)   Businesses or uses that are located on premises other than that upon which the sign is located.
   SIGN, DIRECTIONAL/INFORMATIONAL (ON-PREMISES). A sign guiding or directing vehicular or pedestrian traffic, and including instructions (e.g., parking or exit and entrance signs) and which may contain the name and/or logo of an establishment.
   SIGN, DIRECTORY. An identification sign, located on or off the premises to direct vehicular or pedestrian traffic, that contains the name of a building, complex or center, and name and address of two or more businesses, being part of the same sign structure or interior to the building and visible from the outdoors.
   SIGN, ELECTRIC AWNING. Any fireproof space frame structure with translucent flexible reinforced vinyl covering cosigned in awning form, which may include signage. Such awnings are internally illuminated by fluorescent or other light sources in fixtures approved under currently adopted state building codes.
   SIGN, EXTERNALLY ILLUMINATED. Any sign that has characters, letters, figures, designs or outlines illuminated by a light source located outside of the sign.
   SIGN, FLASHING. A sign that contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs, digital signs or signs which, through reflection or other means, create an illusion of flashing or intermittent light.
   SIGN, FLAT. A sign erected parallel to and attached to the outside wall of a building or structure, and which does not project horizontally more than 24 inches from such building or structure with messages or copy on the face side only.
   SIGN, FREE-STANDING. A sign supported upon the ground and not attached to any building or wall. FREE-STANDING SIGNS include high profile and low-profile signs.
   SIGN, GHOST. A sign painted on a wall of a building that is at least 50 years old, which sign was present during the history of the building at least 50 years prior to the current date, as documented by historic photographs, drawings or other documentation, and which advertised a product or service which may or may not be currently in existence. The definition of GHOST SIGN does not and is not intended to include billboards. GHOST SIGNS may duplicate their original dimensions and design as documented above. The area of a GHOST SIGN shall not be included in the calculation of sign area for the property on which the GHOST SIGN is located.
   SIGN, HIGH PROFILE. An on-premises free-standing sign higher than six feet that is supported by one or more upright members or poles and not attached or braced by any other structure.
   SIGN, IDENTIFICATION. A sign that identifies primarily the name and/or logo and/or address of a commercial, industrial or condominium complex and the owner and tenants thereof. IDENTIFICATION SIGNS may also contain information pertaining to the goods or services offered by the commercial, industrial or condominium complex; however, such information shall be secondary in appearance and area to the primary function of identification.
   SIGN, INTERNALLY ILLUMINATED. Any sign that has characters, letters, figures, designs or outlines illuminated by a light source located inside of the sign. Internally illuminated sign does not include digital signs, as defined herein.
   SIGN, LOW PROFILE. Any free-standing sign having a maximum height of six feet from final grade, or six feet from the top of the base upon which it is constructed, which is incorporated into a landscape design theme or planter box. LOW PROFILE SIGNS may be mounted on a base rising a maximum of three feet and consisting of materials matching the predominant materials used in the construction of the principal building on the premises where the sign is located.
   SIGN, NON-CONFORMING. Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this chapter.
   SIGN, OFF-PREMISES. Any sign that directs attention to a use, product, commodity or service not related to the premises on which the sign is located.
   SIGN, ON-PREMISES. Any sign that directs attention to a use conducted, product or commodity sold, or service performed upon the premises on which the sign is located, or to which it is affixed.
   SIGN, PERMANENT. Any sign or advertising display constricted of durable materials, usually intended to be displayed out of doors as a principal means of identification or advertisement for an indefinite period of time.
   SIGN, POLITICAL. A temporary sign on or off premises, announcing, promoting or drawing attention to any candidate(s) seeking public office in a forthcoming election; or signs advocating political issues to be voted upon at any special or general election.
   SIGN, PROJECT MARKETING. A temporary sign advertising the availability of a project under construction or recently completed for sale, rental or lease. A PROJECT MARKETING SIGN shall be located on the property to which it pertains.
   SIGN, PROJECTING. Any sign attached perpendicular to a building or other structure and extending in whole or in part more than 12 inches beyond any wall of the buildings or structures.
   SIGN, REAL ESTATE.
      (1)   A temporary sign advertising an open house, or the sale, or availability for rental or lease, of the property on which the sign is located, or a sign located off-premises and directing customers to an open house for property for sale, rental or lease.
      (2)   This definition does not include construction or project marketing signs.
   SIGN, ROOF. Any sign erected or painted upon or above the roof or parapet of a building, including ground signs that rest on or overlap a roof.
   SIGN, TEMPORARY. Any sign, banner, pennant, valance, inflatable or advertising display constructed of plastic, vinyl, paper, cloth, canvas, light fabric, cardboard, wall board or other light materials, with or without light frames, usually intended to be displayed out of doors for an event which spans a short period of time.
   SIGN, WALL. A sign that is either painted on a wall or its facing, or is painted in such a way that it gives the visual appearance of being painted on a wall or facing by not having a frame or separation from the wall or facing, or consists of flat, individually constructed letters.
   SIGN, WINDOW. Any sign either attached to a window or door or located within a building so as to be visible through a window or door by people outside of the building. This term does not include merchandise displays.
   SIGN, YARD SALE. A temporary sign that announces a yard sale, garage sale or similar event on a property.
(Prior Code, § 29.27.010) (Ord. 07-13, passed 7-19-2007; Ord. 22-02, passed 3-3-2022)

§ 156.481 PURPOSE.

   (A)   The purposes of these sign regulations are:
      (1)   To encourage the effective use of signs as a means of communication by businesses and others in the city;
      (2)   To maintain and enhance the aesthetic environment and the city’s ability to promote economic development and growth;
      (3)   To promote an environment that fosters business creation and growth;
      (4)   To protect the appearance of the Central Business District of the city as a unique historical and visual environment;
      (5)   To improve pedestrian and traffic safety;
      (6)   To minimize the possible adverse effect of signs on nearby public and private property;
      (7)   To enable the fair and consistent enforcement of these sign regulations; and
      (8)   To secure, promote and implement the purposes and goals of the city’s General Plan.
   (B)   This subchapter is adopted under the zoning authority of the city in furtherance of the more general purposes set forth in this chapter.
(Prior Code, § 29.27.020) (Ord. 07-13, passed 7-19-2007)

§ 156.482 INTERPRETATION.

   (A)   In interpreting and applying the provisions of this chapter, the sign regulations contained herein are declared to be the maximum standards allowable for the purpose set forth.
   (B)   The types of signs allowed by this subchapter shall be plenary and sign types not specifically allowed as set forth within this subchapter shall be prohibited.
   (C)   It is not intended by this subchapter to interfere with, nor abrogate, nor annul, any easement, covenants or other agreements between parties; provided, however, that, where this subchapter imposes a greater restriction upon signs, and the location thereof requires or imposes other conditions than those required or imposed by other laws, ordinances or restrictions, the provisions of this chapter shall prevail.
(Prior Code, § 29.27.030) (Ord. 07-13, passed 7-19-2007)

§ 156.483 APPEALS.

   Rules, regulations and procedures for appeals of the provision of this subchapter and the regulations of the various zoning districts are as specified in §§ 156.070 through 156.072 of this chapter.
(Prior Code, § 29.27.040) (Ord. 07-13, passed 7-19-2007)

§ 156.484 ENFORCEMENT.

   The Community Development Department of the city shall be vested with the duty of enforcing the provisions of this subchapter of the zoning ordinances, and in performance of such duty, shall be empowered and directed to:
   (A)   Procedures. The Community Development Department may, at its discretion, adopt such procedures not repugnant to law for the administration and enforcement of this subchapter;
   (B)   Issue permits. To issue permits to construct, alter or repair signs which conform to the provisions of this chapter. Work not started within 180 days will require a new permit;
   (C)   Determine conformance. To ascertain that all signs, constructions and all reconstructions or modifications of existing signs are built or constructed in conformance to the zoning ordinances and building restrictions and building codes;
   (D)   Perform inspections.
      (1)   To make an inspection of any sign upon the completion, erection, reconstruction or remodeling of the same. This inspection shall be made to assure compliance with the provisions of these regulations, other ordinances of the city and conditions precedent to the issuance of a conditional use permit, if applicable;
      (2)   To inspect each sign for which a complaint of non-compliance with local ordinances is made in writing to the Community Development Department; and
      (3)   To make periodic inspections of all signs to assure compliance with these regulations, ordinances of the city and conditions precedent to the issuance of a conditional use permit, if applicable; and to ensure that signs are properly painted and maintained in a safe condition.
   (E)   Issue notices. To issue a notice of violation to the person having charge or control or benefit of any sign found by the Community Development Department to be unsafe or dangerous, or in violation of the ordinances of the city;
   (F)   Violation; purpose. 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 ordinance of the city, including, but not limited to, the zoning ordinances 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 take steps to abate and remove pursuant to applicable ordinances any unsafe or dangerous sign which is not repaired or made safe within five working days after appropriate notice to the person having charge, control or benefit of any such sign;
      (4)   To take steps to abate and remove pursuant to applicable ordinances any illegal sign which is not made conforming within 30 working days after giving appropriate notice to the person having charge, control or benefit of any such sign; and
      (5)   To take steps to abate and remove pursuant to applicable ordinances any non-maintained or abandoned sign which is not repaired or put into use within ten working days after giving appropriate notice to the person having charge, control or benefit of any such sign.
   (G)   Notice requirements.
      (1)   Notification by the city to persons having charge or control or benefit of any sign found by the Community Development Department to be unsafe or dangerous or in violation of the zoning ordinance or other ordinances of the city and where the city is contemplating removal of said sign shall be accomplished by utilizing written notices sent through the registered mail.
      (2)   Any such notice shall state the exact nature of the violation.
(Prior Code, § 29.27.050) (Ord. 07-13, passed 7-19-2007)

§ 156.485 GENERAL REGULATIONS.

   (A)   No legal conforming sign shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered, or have the text of the sign changed, except in conformity with the regulations herein specified for the zoning district in which it is located.
   (B)   All signs hereafter erected in the city shall comply with the current standards of the currently adopted state building codes, and all other applicable ordinances of the city.
   (C)   All signs shall be maintained in good condition. Exposed parts of the signs shall be painted or treated chemically in such a manner as to preserve the condition and life of such signs. Moving parts shall be maintained in operable condition, and signs designed to be lighted shall be maintained with a full complement of the lighting facilities required by the design of each such sign. The area around the base of free-standing signs shall be maintained in good condition and kept free of weeds and debris. If it is in a landscaped area, then the area shall be maintained in a manner consistent with the surrounding landscaped area.
   (D)   The text and surface of legal non-conforming signs, if the use remains the same, may be changed, subject to regulations in §§ 156.375 through 156.387 of this chapter, without affecting the legal non-conforming status of any such sign; provided, there is no sign area increase.
   (E)   Roof signs shall be erected so as to appear as a wall sign applied to an existing penthouse or gambrel roof that could have occurred as a part of the building and are finished in such a manner that the visual appearance from all sides is such that they appear to be a part of the building itself.
      (1)   Roof signs shall not exceed the maximum allowable height of the building within the zone in which it is located.
      (2)   Roof signs shall be set back a distance of at least four feet from all the outside walls of the building on or over which they are located, allowing for clear passageway around the sign.
      (3)   No visual guy wires, braces or secondary supports are to be used.
      (4)   Notwithstanding the restrictions in divisions (E)(1) through (E)(3) above, roof signs which do not meet the requirements therein stated may be considered by the Planning Commission as a conditional use, only in circumstances where the sign is integrated into the overall design of the building and the Planning Commission finds that the aesthetic effect of the building with the roof sign is more desirable than without the roof sign.
   (F)   (1)   No sign or other advertising structure shall be erected at the intersection of any streets in such a 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 or device, or which makes use of the words “stop”, “drive-in”, “danger” or any other words, phrases, symbols or characters in such a manner as to interfere with, mislead or confuse traffic.
      (2)   The provisions of § 156.346 of this chapter shall also apply.
   (G)   Canopies or awnings over public property shall conform to all provisions of the currently adopted state building codes governing such structures, and shall maintain a minimum eight feet clearance above the sidewalk or public property.
   (H)   Electric awnings shall be constructed of a rigid frame material which meets all building code specifications with fabric coverings approved by the currently adopted state building codes, and shall maintain a minimum of eight feet clearance above the sidewalk or public property.
   (I)   Signs attached to an approved marquee projecting over public property with no copy on the sides of the sign shall be allowed to project a maximum of 12 inches from the face of said marquee.
   (J)   (1)   Temporary signs shall be removed within seven days after an event which the sign advertises, except for construction signs which must be removed within 30 days following the issuing of the final occupancy permit.
      (2)   Temporary signs shall be posted for a period of 30 days in one calendar year or the duration of the event being advertised, whichever is less.
      (3)   Notwithstanding the 30-day limitation on temporary signs in general, real estate signs may also remain on the property being advertised for the duration of the period in which the property is being actively marketed for sale, rent or lease.
      (4)   Political signs are exempt from the time limitations of this division (J).
      (5)   Community event banners for a community event organized and sponsored by the city may exceed the time limitations of this paragraph upon receiving approval by the City Council. (See § 156.490 of this chapter.)
   (K)   An automatic changeable copy sign message shall travel or scroll at a speed that is consistent with traffic safety in the viewing area of the sign, as per the Police Chief and/or the Traffic Advisory Council and shall have the illumination controlled by a multi-stage alternate dimmer.
   (L)   No illuminated sign shall be located within 20 feet of the property line of a parcel or lot occupied by or zoned for an exclusively residential use.
   (M)   An illuminated sign adjacent to the property line of a parcel or lot occupied by or zoned for an exclusively residential use shall be subdued and the light shall not exceed two-tenths foot candles or illumination at the residence property line.
   (N)   Off-premises signs.
      (1)   (a)   Off-premises directional/informational signs for religious, civic or fraternal organizations, or any educational institution or for a historical site (as listed on the city’s Chamber of Commerce historical tour) shall be permitted within the public right-of-way, except when such are used in connection with a commercial promotion or as an advertising device, and shall be of uniform size, color and shape.
         (b)   These signs shall not be larger than four square feet; be limited to a total of two per organization, institution or historical site (with no more than one sign on Main Street); shall be made and installed by the City Street Division; and shall be mounted on individual pole supports.
      (2)   Permanent off-premises directional/information signs used in connection with a commercial promotion or as an advertising device, except billboards, shall be permitted on private property in zoning districts specified in the sign/district regulations subject to the following standards.
         (a)   Permanent off-premises directional/informational signs shall comply with all other regulations for the zoning district in which the sign is located.
         (b)   Permanent off-premises directional/informational signs shall be included in the calculation of allowable sign area for the premises on which the sign is located.
         (c)   Permanent off-premises directional/informational signs are limited in sign area to 64 square feet or the maximum allowed in the zoning district in which the sign is located.
         (d)   Each premises is limited to one permanent off-premises directional/informational sign.
         (e)   Shopping centers consisting of separately owned or leased properties or pads may incorporate more than one permanent off-premises directional/informational signs; provided:
            1.   Such signs are reviewed and approved as part of an overall design review for the shopping center, subject to the criteria guiding design review; and
            2.   The shopping center is managed under common ownership, or is under separate ownership, but bound by a set of private covenants, having the effect of making the shopping center function in a coordinated manner.
         (f)   Free-standing permanent off-premises directional/informational signs shall be designed as low-profile signs; except that, the Planning Commission may consider high profile permanent off-premises directional/informational signs as conditional uses as part of a design review of a shopping center consisting of separately owned or lease properties or pads.
         (g)   The owner of the property on which a permanent off-premises directional/informational sign is to be placed shall submit with the sign permit application a written statement, signed by the property owner, acknowledging that the off-premises directional/informational sign will be included in the allowable sign area calculation for the property, and that on-premises sign area will be limited by the amount of off-premises sign area used. This statement shall be included in the permanent sign permit record for the property.
      (3)   Temporary off-premises directional/informational signs, except billboards shall be permitted on private property subject to the provisions of this subchapter and the procedures of the Community Development Department governing temporary signs.
      (4)   Bus benches shall be approved as a conditional use pursuant to §§ 156.375 through 156.387 of this chapter. Signs may be incorporated into bus benches; provided, the following requirements are met.
         (a)   Bus bench signs are limited to the front and/or rear area of the back support of the bus bench.
         (b)   The bus bench is located within 50 feet of a sign identifying a stop for a public transportation system located in a CBD, GC, M-D or M-G Zoning District.
         (c)   Cumulative bus bench sign area is limited to 20 square feet per bus stop. Individual sign areas on each bench are limited to a maximum of ten square feet, with a maximum vertical dimension of two feet and a maximum horizontal dimension of six feet.
         (d)   The design of the bus bench is subject to review and approval of the city’s Planning Commission.
         (e)   Within the Historic Downtown area bounded by 100 North, 200 South, 100 West and 100 East, the design of the bus bench and sign is subject to review by the Planning Commission and approval by the City Council.
         (f)   Bus benches encroaching on the public right-of-way shall be reviewed and approved and an encroachment permit obtained from the City Council, and UDOT if located in a state right-of-way, prior to placement.
         (g)   The owner of the bus bench will sign a document prepared by the City Attorney agreeing to hold the city harmless from liability arising as a result of the placement of the bus bench on public property.
         (h)   The bus bench shall comply in all other respects with applicable city, state or federal laws and regulations.
         (i)   The bus bench shall comply in all respects with Utah Transit Authority guidelines for bus bench and shelter design, as modified by city design review.
   (O)   All signs shall maintain a minimum of 15 feet clearance in any direction from an electrical power line serving as a primary or secondary conductor, or eight feet clearance in any direction from an electrical power line serving as a service drop.
   (P)   Advertising in city parks in the city is not regulated by this subchapter. Regulations of advertising within city parks and other similar internal-oriented places of assembly are deemed an internal matter of the Recreation Division.
   (Q)   Notwithstanding any other provision of this chapter, the following requirements apply to signs used for a cannabis production facility.
      (1)   The only sign type allowed is a wall sign with an area no larger than 20 square feet.
      (2)   Painted wall signs are not permitted.
      (3)   Signage shall not be displayed in any manner on or in exterior windows.
      (4)   The sign is limited to the following:
         (a)   Name of business;
         (b)   Hours of operation; and
         (c)   A green cross.
   (R)   Notwithstanding any other provision of this chapter, signs used for a medical cannabis pharmacy shall be regulated like any retail business within the same zoning district for business identification purposes and subject to the provisions of U.C.A. § 4-41a-109, where a medical cannabis pharmacy may:
      (1)   Not advertise in any medium;
      (2)   Advertise an employment opportunity at the pharmacy;
      (3)   Include the business name and hours of operation; and
      (4)   Include a green cross.
(Prior Code, § 29.27.060) (Ord. 07-13, passed 7-19-2007; Ord. 17-08, passed 3-16-2017; Ord. 19-20, passed 11-7-2019; Ord. 21-07, passed 6-17-2021; Ord. 22-02, passed 3-3-2022)

§ 156.486 SIGN PERMIT FEES.

   (A)   (1)   All signs within the city shall be erected, reconstructed or remodeled only in accordance with the provisions of this subchapter, city ordinances and the state-adopted Building and Fire Code.
      (2)   Application for a sign permit shall be made to the Community Development Department and shall be accompanied by a fee to defray the expenses incurred in administration of this chapter.
      (3)   Fees shall be established by resolution of the City Council. A sign permit shall be issued by the Community Development Department if the proposed sign is found by the Community Development Department to be in compliance.
   (B)   (1)   In the event that a notice of violation is issued, a reinspection fee shall be charged to defray the costs of reinspection.
      (2)   Said reinspection fees shall be charged for each inspection required until applicable regulations of the city are complied with.
      (3)   The amount of the fee shall be established by resolution of the City Council.
(Prior Code, § 29.27.070) (Ord. 07-13, passed 7-19-2007)

§ 156.487 DIGITAL SIGNS (INCLUDING DIGITAL BILLBOARDS).

   Digital signs that are 300 feet or closer to any legally occupied dwelling shall adhere to a curfew as required below.
   (A)   If a digital sign is within 300 feet of a legally occupied dwelling and is within a 120-radius as measured from the center point of the digital sign face (§ 156.491 of this chapter), then this digital sign face shall adhere to the curfew.
   (B)   (1)   If a digital sign is within 150 feet of a legally-occupied dwelling and is within a 30-radius area measured from the center point of the digital sign face and beginning at the 120-degree line, then this digital sign face shall adhere to the curfew.
      (2)   Video animation shall be prohibited including text, image or graphic scrolling and animated advertisement transitions.
   (C)   Digital sign advertisements shall have a minimum dwell time of eight seconds and a maximum rotation time of one-quarter second.
   (D)   Digital sign advertisements shall not blink, flash, pulse, twinkle or similar effect, or be lit by any outside light source.
   (E)   All digital signs shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sign’s brightness.
   (F)   (1)   A digital sign shall not exceed a maximum illumination of three-tenths footcandles above the ambient light level when measured from a distance equal to the square root of the square footage of the sign multiplied by 100 as illustrated in § 156.491 of this chapter (measurement distance = sign area X 100).
      (2)   All digital signs shall have ambient light monitors installed, which automatically adjust the brightness level based on ambient light conditions.
   (G)   Digital signs shall comply with the sign standards for non-digital signs as to sign area, height and the like for the zoning district in which the digital sign is located.
   (H)   Upon installation of a digital sign, the applicant shall certify that the digital sign has been tested and complies with the motion, dwell time, brightness, rotation time and all other requirements herein.
(Prior Code, § 29.27.080) (Ord. 07-13, passed 7-19-2007)

§ 156.488 DIGITAL BILLBOARDS, NON-CONFORMING BILLBOARDS, RELOCATION OF BILLBOARDS.

   In addition to the following requirements, digital billboards shall adhere to the same size, height, spacing, setbacks and locations as all other non-digital billboards:
   (A)   (1)   Digital billboards shall be allowed as a conversion, replacement or relocation of any billboard in a location provided for in this subchapter.
      (2)   Conversion of a non-conforming billboard to a non-conforming digital billboard shall only be permitted in those corridors identified in § 156.491 of this chapter. Section 156.491 of this chapter is intended to illustrate billboard corridors. If there is any conflict or inconsistency between the exhibit and this chapter, the chapter shall prevail;
   (B)   Digital billboards shall comply with all requirements of digital signs as specified in § 156.487 of this chapter;
   (C)   A building permit shall be required for the conversion of any billboard face to a digital billboard; and
   (D)   Shall comply in all respects with Utah Code and federal codes and regulations, as amended.
(Prior Code, § 29.27.090) (Ord. 07-13, passed 7-19-2007; Ord. 22-02, passed 3-3-2022)

§ 156.489 SIGN/DISTRICT REGULATIONS.

   Signs are allowed in their applicable districts as permitted or conditional uses together with size, locations and height regulations as designated and listed in the following tables.
   (A)   Permitted uses are designated with a “P”.
   (B)   Conditional uses are designated with a “C”.
   (C)   Uses not allowed are designated with an “X”, with an “-”, or are not named.
(Prior Code, § 29.27.100) (Ord. 07-13, passed 7-19-2007)

§ 156.490 SIGN/DISTRICT REGULATIONS TABLE.

Sign Type
Allowed in the Following Districts
P = Permitted Use
C = Conditional Use
Maximum Cumulative Sign Area Permitted
Maximum Height Permitted
Restrictions
Sign Type
Allowed in the Following Districts
P = Permitted Use
C = Conditional Use
Maximum Cumulative Sign Area Permitted
Maximum Height Permitted
Restrictions
ON-PREMISES IDENTIFICATION
Wall
Residential Single-Family – P
 
 
 
C (only for changeable copy)
2 sq. ft.; except that, bed and breakfast facilities located in an R-1 Zone are permitted on 8 sq. ft. sign. For institutional, governmental, religious or educational uses, up to 2 sq. ft. of sign area for every 1 lineal foot of building frontage, or up to 1 sq. ft of sign area for every 1 lineal foot of lot frontage, whichever is least restrictive. Maximum allowed area of any individual sign is 100 sq. ft. During design review, the Planning Commission may require a smaller sign if it finds that a smaller sign will more adequately protect the residential nature of the neighborhood
Low profile and changeable copy signs are restricted to a maximum height of 6 feet from final grade, or from the top of a base rising a maximum of 3 feet and consisting of materials matching the predominant materials used in the construction of the principal building on the premises where the sign is located
Except as otherwise approved by the Planning Commission through a design review or conditional use approval, signs shall not be closer than 10 feet to the front property line or the sidewalk located within the street right-of-way, whichever is the least restrictive, and shall not be closer than 10 feet to the side property lines, nor be placed in a location that obstructs the clear view as defined in § 156.346 of this chapter. Low profile signs shall be incorporated into a landscape design theme or planter box. Low profile signs may be mounted on a base rising a maximum of 3 feet and consisting of materials matching the predominant materials used in the construction of the principal building on the premises where the sign is located. In such cases, the area of the base shall not be included in the calculation of sign area or sign height
Flat
Ghost
Low profile
Changeable copy
Awning
Residential Multiple-Family - P
 
 
 
 
C (only for changeable copy)
8 sq. ft. for multiple-family residences of 1-4 units
 
 
 
 
32 sq. ft. for multiple-family residences of 5 or more units and property which has a non-dwelling use, and bed and breakfast facilities located in other than an R-1 Zone. For institutional, governmental, religious or educational uses, up to 2 sq. ft. of sign area for every 1 lineal foot of building frontage, or up to 1 sq. ft. of sign area for every 1 lineal foot of lot frontage, whichever is least restrictive. Maximum allowed area of any individual sign is 100 sq. ft. During design review, the Planning Commission may require a smaller
sign if it finds that a smaller sign will more adequately protect the residential nature of the neighborhood
 
Wall
Flat
Ghost
Low profile
Changeable copy
Awning
GC, M-D, M-G, MU-40, MU-80, MU-160 – P
4 sq. ft. of sign area for every 1 linear foot of building frontage or 2 sq. ft. of sign area for every 1 linear foot of lot frontage, whichever is the least restrictive
 
For buildings that have secondary frontage along 1100 South Street (SR-91) or Interstate 15 (I-15) an additional 2 sq. ft. of sign area for every 1 linear foot of secondary building frontage shall be allowed. For purposes of this section, a secondary frontage is the backside of a building that faces 1100 South Street (SR-91) or Interstate 15 (I-15) with no direct access. Furthermore, the additional allotment applies to properties that abut the said public rights-of-way. The additional sign area may not be applied to multiple free-standing signs. The sign area is not to exceed 4 sq. ft. of sign area for 1 linear foot of building frontage on any one side
 
Additional sign area and height may be approved by the City Council for an on-premises free-standing sign in the GC District within 1,000 ft. of an interstate interchange measured from the edge of UDOT right-of-way. Prior to the City Council consideration, an overall project signage plan must be submitted to the Planning Commission for their review and recommendation to the Council
High profile: MU – 25 ft.
GC & M-D – 35 ft.
M-G – 45 ft.
 
Additional height may be approved by the City Council for an on-premises free- standing sign in the GC District within 1,000 ft. of an interstate interchange (see detailed in maximum cumulative sign area permitted section)
 
Low profile signs are subject to the restrictions contained in § 156.480 of this chapter
 
Roof: See § 156.485(F) of this chapter
 
See Note A
1. No canopy or awning signs allowed to project over property line, except as specified under § 116.027, and the maximum cumulative sign area as specified herein
 
2. Free-standing sign poles shall not be closer than 2 ft. to the property line. See § 156.485(L) and (M) of this chapter
 
3. Clearance of 8 ft. required between ground and sign in areas of pedestrian or vehicular traffic except for window, wall and low-profile signs
 
4. Low profile signs are subject to the restrictions contained in § 154.480 of this chapter
 
5. UDOT outdoor advertising controls and regulations shall be followed when applicable
Cabinet
Canopy
Changeable copy
Electric awning
Flat
Free-standing
Ghost
Illuminated (externally or internally)
Projecting
Roof
Wall
Window
Digital sign
Awning
CBD - P
4 sq. ft. of sign area for every 1 linear foot of building frontage or 2 sq. ft. of sign area for every 1 linear foot of lot frontage, whichever is the least restrictive
Awning, canopy, flat, ghost, illuminated, projecting, wall, and window signs are limited in height to the height of the building. The restrictions contained in the Brigham City Historic Downtown Guidelines shall apply. Low Profile signs are subject to the restrictions contained in the Definitions Section 29.27.010.
Signs in the CBD Zoning District are subject to restrictions contained in the City Historic Downtown Guidelines for Historic Downtown. Billboards, high profile, electric awning and cabinet signs are specifically prohibited in the CBD Zone. Low profile signs may be internally illuminated, however, they shall be designed in such a manner that copy and logos are contained within a field that is opaque or of a darker color than the copy or logos. Digital signs in the CBD Zone shall be restricted to low profile signs.
Canopy
Flat
Ghost
Illuminated (externally or internally)
Low profile
Projecting
Wall
Window
Digital sign
BILLBOARDS
Billboard
M-D & M-G – C
 
Excludes the following corridors:
 
1. U.S. Highway 89/91
 
2. Main Street
 
3. SR 38
 
4. 1100 S./U.S. Highway 91
 
5. Forest Street from Main Street to UPRR Corridor
M-D & M-G 672 sq. ft.
M-D - 35 ft.
 
M-G - 45 ft.
 
See Note A.
1. Signs shall be at least 1,000 ft. apart (lineal distance measured along 1 side of a street). Written notification shall be provided to owners of property located within 500 ft. from an applicant’s property line
 
2. Signs shall not project over property line
 
3. Sign poles shall be erected a minimum of 10 ft. from the property line
 
4. Shall be reviewed through conditional use permit to avoid “blanketing” of signs
 
5. UDOT outdoor advertising controls and regulations shall be followed where applicable
 
6. Relocation of legal non-conforming billboards is subject to provisions of Utah Code. Conversion of a legal non-confirming billboard to a digital billboard is subject to the location criteria in § 154.491 of this chapter. Legal non-conforming billboards converted to a digital billboard shall still be treated as legal non- conforming billboards and shall be subject to provisions related to legal non- confirming billboards contained in Utah Code and this chapter
 
7. Back-to-back or V-shaped configurations are permitted when the following apply:
 
a. For relocation or conversion of a legal non-conforming billboard the existing billboard has a back-to-back or V-shaped configuration
 
b. For a billboard located in a zoning district that permits billboards, in all instances
 
c. The angle between the faces shall not exceed 90 degrees as illustrated in § 156.491 of this chapter
 
Digital billboard
TEMPORARY ON- OR OFF-PREMISES (includes political, construction, real estate, project marketing, yard sale, civic and the like)
Flat
Residential - P, Agricultural - P
 
 
 
 
Commercial, Manufacturing - P & Multiple Use
32 sq. ft. (construction may be 64 sq. ft.)
 
 
 
 
 
64 sq. ft.
8 ft.
 
 
 
 
 
10 ft.
1. No temporary sign shall extend over property line, nor be placed in a location that obstructs the view as defined in § 156.346 of this chapter
 
2. Community event banners for community events organized and sponsored by the city must be approved by the City Council as an overall plan addressing size, type, time frame and locations
 
3. Digital signs shall be permitted only in Commercial and Manufacturing Zones subject to provisions contained in this chapter
Free-standing
Illuminated
Low profile
Digital sign
The City Council may approve additional sign area and height for community event banners for community events organized and sponsored by the city. It is anticipated these signs will be placed on city property. Banners shall not be placed within the public right-of-way, which includes the park strip between sidewalk and curb. In the event any signs would better serve the community by placement on private property, the property owner must give permission and the community vent banner would not count toward the overall maximum cumulative sign area for the said property in which the sigh would be placed
DIRECTONAL/INFORMATIONAL
Off-premises (non-profit organizations or historical sites, see § 156.485(N)(1) of this chapter
All Zones - P
4 sq. ft.
10 ft.
Shall be erected on poles by City Street Division on public rights-of-way. Maximum of 2 allowed per organization. Limited to 1 on Main Street. Not more than 1 per pole
Off-premises (other than for non-profit organizations or historical sites)
CBD, GC, M-D, M-G - P
64 sq. ft.
See § 156.485(N)(2) of this chapter
See § 156.485(N)(2) of this chapter
Bus bench signs
CBD, GC, M-D, MB - C
10 sq. ft.
See § 156.485(N)(4) of this chapter
See § 156.485(N)(4)of this chapter
On-premises
Commercial Manufacturing - P & Multiple Use
Shall be deducted from maximum cumulative on-premises sign area
N/A
N/A
NOTES TO TABLE:
65 feet if located within 660 feet of the centerline of an interstate freeway, or within 300 feet of the center line of the right-of-way of a federal highway; provided that, the height may be measured from the highest road level of the I-15 freeway interchange either along the freeway or fronting the approach highway if located within 1,500 feet of the interchange
 
(Prior Code, § 29.27.110) (Ord. 07-13, passed 7-19-2007; Ord. 14-15, passed 11-6-2014; Ord. 15-12, passed 7-16-2015; Ord. 17-08, passed 3-16-2017; Ord. 22-02, passed 3-3-2022)

(Prior Code, § 29.27.110) (Ord. 07-13, passed 7-19-2007)