These regulations shall apply to signs erected, altered and maintained by and for all uses in all districts. Signs governed by several regulations shall comply with all such regulations. If State regulations for signs along highways are in conflict with this chapter, any portions of these rules which may be more restrictive shall apply, except such rules as may conflict with the State regulations. (Ord. 18-277, 2-15-2018)

1. The City has enacted the regulations set forth in this chapter for the following purposes:
   1. Limiting and/or reducing the visual clutter along streets and alleys;
   2. Reducing confusion and distractions to drivers;
   3. Requiring good design and appearance of signs within the City;
   4. Safeguarding and protecting property values; and
   5. Promoting the public health, safety and the general welfare of the residents of the City.
2. This chapter is intended to regulate to the maximum extent possible by Utah law. (Ord. 18-277, 2-15-2018)
   

ABANDONED SIGN: Any sign which is obsolete or which has not been properly maintained for a period of three months, at which time such a sign can be removed by the City and a removal fee charged to the owner.

BILLBOARD: A freestanding ground sign located on property if the sign is designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property where the sign is located. For purposes of this definition, a billboard shall be considered to be an off premises sign.

CONVERT: To change a billboard sign face from its existing, nondigital surface to a digitally controlled surface.

DIRECTIONAL SIGNS: Signs containing information about public places owned or operated by Federal, State or local governments or their agencies, publicly or privately owned, natural phenomena, historic, cultural, scientific, educational or religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation.

ERECT:

1. To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being;
2. Erect does not include any activities defined in paragraph A of this definition if they are performed incident to the change of an advertising message or customary maintenance of a sign.

MAINTAIN OR MAINTENANCE: To repair, refurbish, repaint or otherwise keep an existing sign structure safe and in a state suitable for use, including signs destroyed by vandalism or by acts of God. Owner or lessee of a sign may repaint, redecorate and/or change letters or panels on his/her own sign.

OFF-PREMISES SIGN: A sign that advertises, communicates or identifies products, services, businesses, organizations, activities or messages that are not located, conducted, manufactured or sold on the premises where the sign is displayed. Off-premises signs generally include billboards and other similar signs.

OFFICIAL SIGNS AND NOTICES: Signs and notices erected and maintained by Delta City within its territorial or zoning jurisdiction for the purpose of carrying out official duties or responsibilities in accordance with direction and authorization contained in Federal, State or local law.

ON PREMISES SIGNS: Signs which advertise or direct attention to a commercial building or a use conducted, a commodity sold or a service performed on the premises where the sign is located.

PERSON: A natural person or individual, corporation, organization or other legal entity.

POLITICAL SIGN: A sign announcing or supporting political candidates or issues.

SIGN: A presentation of words, letters, figures, designs, pictures or colors publicly displayed so as to give notice relative to a person, a business, an article or merchandise, a service, an assemblage, a solicitation or a request for aid; also the structure or framework or any natural object on which any sign is erected or is intended to be erected or exhibited, or which is being used or is intended to be used for sign purposes. (Ord. 18-277, 2-15-2018)

1. Application For Permit: Signs controlled by this section shall be erected only after the approval by the Code Enforcement Officer and issuance of a permit therefor. An application for such approval shall contain a sketch or drawing to scale of the proposed sign and notation as to its height, size and location on the structure or zone lot. An application for a freestanding sign shall also contain engineering specifications which delineate the wind loads that the sign can sustain.
2. Maintenance: Signs shall be maintained in a good state of repair. Broken signs, signs unreadable because of deterioration and signs on vacant buildings may be ordered repaired or removed by the Code Enforcement Officer. Failure to remove such signs within thirty (30) days after notice of the order from the Code Enforcement Officer shall be a violation of this provision. (Ord. 18-277, 2-15-2018)
   

The following standards shall apply to all signs erected, relocated, altered or replaced after the effective date of this chapter:

1. Materials: Signs shall be constructed and erected using materials of sufficient strength and quality to reasonably ensure the public safety and to prevent litter.
2. Height, Restrictions: Signs shall conform to the height and other restrictions applicable to the zoning district in which the sign is located.
3. Footage Clearance: Where vehicular or pedestrian traffic is anticipated, the Land Use Authority shall impose a minimum footage clearance, on a case by case basis, between the ground, street or sidewalk and any part of a sign that projects across the space where the traffic is anticipated.
4. Abate, Remove: Any person or property owner who has erected or controls a sign on any premises within the City limits shall be required to abate or remove such sign if the owner of the business to which the sign advertises or refers ceases to conduct business for a period of at least six (6) months.
5. Clearance from Fire Escapes, Exits or Standpipes: Signs or sign structures shall not be erected in such a manner that a portion of their surface or supports will interfere with the free use of any fire escape, exit or standpipe. (Ord. 18-277, 2-15-2018)

The following types of signs shall be deemed to be outside the scope of these regulations and shall not require a permit:

1. Official signs and notices and signs required by law or authorized for a public purpose;
2. Nameplates and addresses for structures;
3. Cornerstones and historical markers;
4. Decorations of a temporary nature;
5. Window displays of actual merchandise;
6. Real estate "For Sale", rental or lease signs not exceeding six feet (6') in area, located on the premises referred to by such sign;
7. Informational and directional signs with no advertising;
8. Danger or warning signs of a cautionary nature;
9. Traffic signs; and
10. Religious symbols. (Ord. 18-277, 2-15-2018)
    

In order to minimize confusion and unfair competitive disadvantage to those businesses which are required to satisfy current standards of this chapter, the City intends to apply firm regulation of existing nonconforming signs with a view to their eventual elimination. This goal shall be achieved by strictly construing limits on change, expansion, alteration, abandonment and restoration of nonconforming signs. No sign erected before the enactment of this chapter shall be relocated, enlarged, converted or replaced unless it complies with the provisions of this chapter. (Ord. 18-277, 2-15-2018)

No billboard may be converted from a traditional printed form to a digitally-controlled screen form. (Ord. 18-277, 2-15-2018)

To ensure safe access for maintenance or emergency services by the various companies using utility poles, signs may only be located on utility poles with the utility's written permission. Signs may not be posted on street trees, traffic regulatory sign poles or street name poles. (Ord. 18-277, 2-15-2018)

The following devices used to attract pedestrian or vehicular attention are prohibited in any zone in the City. Any sign not specifically allowed in this chapter is also prohibited.

1. Flashing: Any sign which flashes, blinks, uses chaser lights, etc., or moves in any way or inanimate which are of such intensity or so located that it could detract a motorist's vision from normal, safe driving, shall not be permitted in any district. Commercial signs may be approved with time/temperature or electronic message center capability. Subtitle lighting changes or low intensity are allowed.
2. Air Balloons: Hot or cold air balloons or inflatables, except as specifically allowed by this title for temporary signs, or as part of a grand opening period or special promotion.
3. Cargo Storage Container, Truck, Trailer: Any Cargo Storage Container, truck, trailer or other vehicle conspicuously or regularly parked on or off premises with an advertising message or logo displayed to attract attention to a business, product or promotion. The LUA, or other authorized officer, may require a business to remove the same if in his opinion such vehicle is being utilized for advertising purposes.
4. Handbills, Signs; Public Places And Objects:
   1. No person shall paint, mark, write on, post or otherwise affix any handbill or sign to or upon any sidewalk, crosswalk, curb, curbstone, parking strip, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light, or power, telephone, telegraph or trolley wire pole, or wire appurtenance thereof, or upon any lighting system, public bridge, drinking fountain, life saving equipment, street sign or traffic sign.
   2. Any handbill or sign found posted upon any public property contrary to the provisions of this paragraph D may be removed by the Police Department or Public Works Department. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof and the City is authorized to effect the collection of said cost.
   3. Nothing in this paragraph D shall apply to the installation of a metal plaque, plate or individual letters or figures in a sidewalk commemorating a historical, cultural or artistic event, location or personality for which the Department of Public Works has granted a written permit.
   4. Nothing in this paragraph D shall apply to the painting of house numbers upon curbs.
5. Conflicting Signs: No sign in any district shall conflict in any manner with the purpose or operation of traffic devices controlling public traffic.
6. Overhanging, Freestanding In Right-Of-Way: No overhanging or freestanding signs shall be permitted in any public right-of-way, except those traffic control and direction devices erected and approved by the public agency having jurisdiction over the public right-of-way. Overhanging signs are permitted to extend over a public right-of-way only in the Central Business and Commercial Development Districts, and only upon approval. (Ord. 18-277, 2-15-2018)

No sign shall be erected or maintained that exceeds the maximum allowable size for the specific zone as stated in this section:

(Ord. 18-277, 2-15-2018)

1. Time Limit To File: Any person affected by a decision of the Code Enforcement Officer may appeal the decision to the City Council. Such appeal shall be taken within thirty (30) days of the Code Enforcement Officer's decision. The appeal shall be made by filing with the Code Enforcement Officer from whom the appeal is taken and with the City Council written notice of appeal specifying the grounds thereof. When an appeal is taken from a decision of the Code Enforcement Officer, the Code Enforcement Officer shall forthwith transmit to the City Council all papers constituting the record upon which the action appealed from was taken.
2. Stay Of Proceedings: An appeal filed in accordance with this section stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer from whom the appeal is taken certifies to the City Council that by reason of facts stated in the certificate a stay would in his/her opinion cause imminent peril to life or property. In such cases, a proceeding shall not be stayed otherwise than by restraining order which may be granted by the City Council or by a court of competent jurisdiction on application and notice and on due cause shown.
3. Hearing: The City Council shall, within a reasonable time, fix the time and place for a hearing on any appeal. The parties to the proceeding are entitled to give testimony, present evidence, cross examine witnesses and have an attorney present if the party so chooses. Members of the City Council are entitled to ask questions of the parties if they so choose. A record of the proceedings shall be kept by the City Council, whether by tape recording, stenography, or other appropriate means that will preserve the record for appeal. Any decision shall be made within a reasonable time after the hearing. The City Council shall adopt findings of fact that supports its decision.
4. Decision; Further Relief: After considering the appeal, the City Council shall affirm or reverse the Code Enforcement Officer's decision. An aggrieved party may seek relief from the decision of the City Council by filing an action in the District Court which has jurisdiction over Millard County. (Ord. 18-277, 2-15-2018)
   

Any person who violates or refuses to comply with any of the provisions of this chapter shall be guilty of a Class B misdemeanor. A separate offense shall be deemed to be committed on each day that the offense occurs or continues. (Ord. 18-277, 2-15-2018)

In addition to the criminal penalties prescribed for violations of this title, the Code Enforcement Officer may bring a civil action seeking to enjoin the violation of this chapter or to abate a dangerous condition or nuisance created as a result of a violation of this chapter. (Ord. 18-277, 2-15-2018)