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Draper City Zoning Code

CHAPTER 26

SIGNS

9-26-010: PURPOSE:

The purpose of this chapter is to protect and promote the health, safety and welfare of city residents and businesses by regulating the design, construction, and installation of signs in a content neutral manner that does not favor any type of speech over another in order to achieve the following objectives:
A.   To provide a reasonable system for controlling signs within the community;
B.   To permit signs that are well designed and pleasing in appearance, while allowing latitude for variety, good design relationships, and spacing between signs and adjacent uses;
C.   To foster a community character that has a minimum of visual clutter;
D.   To enhance the economic strength of the city;
E.   To provide on site identification for private enterprises;
F.   To provide for public convenience by directing persons to various activities and enterprises;
G.   To encourage signs that are compatible with land uses;
H.   To minimize light pollution, glare, visual obstructions, distraction, and traffic and safety hazards with the free flow of travel and activity for vehicles and pedestrians;
I.   To provide business owners the flexibility to have signs that meet the needs of the individual businesses;
J.   To provide aesthetic protection for entry areas and primary corridors of Draper City;
K.   To provide protection from visual clutter;
L.   To promote public safety; and
M.   For the protection and promotion of community appearance. (Ord. 963, 2-15-2011)

9-26-020: SCOPE:

Nothing in this chapter is intended or interpreted to favor any one type of sign or content and where necessary should be interpreted to be content neutral. The intent of this policy is to provide flexibility in the allowance of signs as a part of the possible range of communication options available while being narrowly tailored to achieve the purposes identified in section 9-26-010 of this chapter. The provisions of this chapter shall apply to the display, construction, erection, alteration, use, location, and maintenance of signs in the city. The requirements of this chapter shall not be construed to prohibit or limit other applicable provisions of this title, this code, or the Utah Code Annotated (UCA). In the instance where provisions of this chapter conflict with other provisions of this code, the terms of this chapter shall govern. (Ord. 963, 2-15-2011)

9-26-030: DEFINITIONS:

The following terms shall be defined as provided in this section for the purpose of use within this chapter:
ALTERATION OF SIGN: Changing or rearranging, other than the sign copy, any structural part, enclosure, lighting type, component, or location of a sign.
ANIMATION OR ANIMATED SIGNS: A sign which exhibits any of the following:
A.   The movement or the optical illusion of movement of any part of the sign structure, design, or a pictorial segment, including the movement of any illumination;
B.   Flashing or strobe effects; or
C.   The spinning or other movement of a sign, or portion thereof;
However, electronic message center signs, digital time and temperature signs, and analog time devices shall not be considered animated.
         
 
AREA OF A SIGN:
A.   For signs designed with a cabinet, the area of the sign will be that of the cabinet face, excluding the outer edge of any border.
B.   For signs not designed with a cabinet, the area of the sign is ninety percent (90%) of the area enclosed within the smallest regular geometric shape needed to completely encompass all letters, logos, and insignias of the sign, including horizontal spacing between letters, logos, and insignias. Words, abbreviations, logos, and insignias may be calculated independently to determine the area of such signage.
AWNING SIGN: Signs, placed on or integrated into canopies mounted on the exterior of a building.
 
 
BACKLIGHTING: Illumination, the source of which is not itself visible, positioned inside or behind a sign face such as behind raised letters and awnings or inside sign cabinets where the illumination is seen through the letters or sign face.
BANNER: Plastic, fabric, or any other pliable material intended to be hung either with or without a frame, typically placed between two (2) poles or hung on the wall of a building, but does not apply to flags and emblems of political, professional, religious, educational, or corporate organizations flown on a flagpole.
 
 
BILLBOARD: A high profile freestanding ground sign on one or more poles typically located along freeways or major highways 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.
 
 
 
CABINET: The enclosure of a sign, not including the mounting structure or decorative elements of the sign structure, upon which text, logos, and insignia are mounted and within which the majority of electrical components, if needed, are located.
 
CHANGE OF COPY PANEL: A sign or portion of a sign designed to permit regular manual change of copy with language other than the name of the business.
CHANGE OF SIGN FACE: The changing of the face of a sign or the sign face which does not affect the structural elements of the sign and only affects the name or logo shown on the sign structure.
CLEAR VIEW AREA: A triangular space at the intersection of the driveway and adjoining curb determined by a diagonal line connecting two (2) points measured thirty feet (30') equidistant from the point of the intersection along the curb and the driveway, then connecting those points to form a triangle.
 
COMMERCIAL SPEECH: Any speech which bears advertising, reference to a specific product, or commercial transaction on behalf of a company or individual who is economically motivated for the speech.
ELECTRONIC MESSAGE CENTER SIGN: An on premises sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means.
FACE OF SIGN OR SIGN FACE: The surface of a sign cabinet upon, against, or through which letter, logos, or insignias are displayed or illustrated.
 
FREESTANDING SIGN: Any permanent sign type that is constructed independent of and not connected to a building or other structure.
HALO OR REVERSE CHANNEL ILLUMINATION: Illumination, the source of which is not itself visible, positioned inside or behind the text of a sign where the illumination is seen around and not through the letters of the sign.
HANDBILL: A poster, flier, handout, brochure, leaflet, or other advertisement, typically made of non- or semi-durable materials, attached to permanent signage, traffic signage, utility elements, vehicles, or passed out to persons.
 
HEIGHT OF SIGN: The vertical dimension of a sign.
ILLEGAL SIGN: Any sign:
A.   Erected without first obtaining a sign permit that would otherwise be a permitted sign;
B.   Not otherwise established to be a legal nonconforming sign by the terms of this chapter; or
C.   Erected after the effective date of this chapter that has been determined to be a nonpermitted sign type.
INDIRECT LIGHTING: A source of external illumination located away from the sign, which lights the sign, but which may or may not itself be visible.
INFLATABLES: Any device supported by heated air, forced air, or other gases for the purpose of drawing attention to a business.
 
 
INFORMATIONAL SIGN: A sign which provides information, such as directional flow of vehicular or pedestrian traffic, entrance, exit, no parking, handicapped parking, loading area, and does not exceed four (4) square feet of sign area.
LEGAL NONCONFORMING SIGN: Any sign no longer allowed under this chapter, but which, when first constructed, was legally allowed.
LOGO: A graphic symbol representing an activity, use, or business.
MAINTENANCE OF A SIGN: The replacing, repairing, or repainting of a portion of a sign structure made undesirable by ordinary wear and tear, weather, or accident. Maintenance does not include the changing of colors or materials of any part of the sign.
MASTER SIGN PROGRAM: Sign specifications and details approved as a package that define or identify allowed signage allotted to individual businesses throughout a multibusiness commercial center.
MONOLITHIC SIGN: A high profile, on premises sign where the sign face and supports are within the same cabinet structure, independent of any building or other structure.
 
MONUMENT SIGN: A freestanding, typically low profile sign mounted on a base, detached from the building.
 
 
 
 
 
OFF PREMISES SIGN: A sign located outside of the property or development boundary where the referenced business is located, the referenced product is sold, or the referenced service is offered.
ON PREMISES SIGN: Any sign identifying or advertising a business, person, activity, goods, product, or service located within the property or development boundary where the sign is located.
PAN FORMED/CHANNEL LETTER: An individual letter, which is three- dimensional and is constructed by means of a three-sided channel, the open side of which may face a wall or be faced with a translucent panel, which is placed away from the wall.
PERMANENT SIGN: Any permitted sign type which is:
A.   Intended to be and is so constructed:
1.   Of a lasting and enduring material;
2.   To remain unchanged in character, position, and condition exclusive of wear and tear;
3.   As a freestanding sign or wall or building; and
B.   Identified as a permanent sign type within this chapter.
POLE SIGN: A permanent freestanding sign mounted atop one (1) or more poles where the bottom of the banner is at least six feet (6') from the ground.
      
 
 
POLITICAL SIGN: Any sign designed for the purpose of supporting or opposing a candidate, proposition, or other measure at an election or for any other noncommercial expression not related to the advertisement of any product, service, or the identification of any business.
PORTABLE, MOVABLE, AND HANDHELD SIGN: Any sign which varies its location basis, not otherwise classified in this chapter as a permanent or temporary sign, which may or may not be carried, worn, maneuvered, or manipulated as a means to draw attention from passers-by, including the use of vehicles.
POST AND PANEL SIGN: A free-standing sign supported by two (2) posts or columns, one (1) on each side of the sign. The sign itself does not have a base and does not contact the ground. A post and panel sign may be permanent or temporary.
PYLON SIGN: A freestanding, high profile, on-premises sign completely self-supported where the cabinet is significantly elevated above the ground and of a larger size than freestanding signs allowed by this chapter. By reference, pylon sign also includes pole signs and tower signs.
SHINGLE SIGN: A sign identifying the tenant of the adjoining space and which:
A.   Is suspended from a roof overhang, covered porch, or covered walkway; or
B.   Hangs or swings freely from a support mounted to the wall of a building.
         
 
SIGN: Any identification, description, illustration, or device which is in view of the general public and which directs attention to a person, place, commodity, activity, institution, organization, or business. Sign shall include any and all structural and supportive apparatus, identification, description, illustration, or device. Sign shall not include any flag or insignia of the United States, State of Utah, Salt Lake County, Draper City, official historical plaques of any governmental agency, or emblems of professional, religious, educational, or corporate organizations flown on a flagpole.
SIGN ALLOWANCE: The total cumulative sign type and area for all signs allowed to any one (1) business, development, or applicant.
SNIPE SIGN: A sign or other advertisement, typically made of non- or semi-durable materials, mounted to a tree, or utility pole, or to the ground by nails, staples, a wire frame, or similar device within a right-of-way, including public or private park strips and medians or on public property.
      
 
TEMPORARY SIGN: Any sign not permanently attached to the ground, wall, or building, intended to be displayed for a limited period of time.
TOWER SIGN: A high profile, on premises sign completely self- supported by supports or other sign apparatus independent of any building or other structure with architectural or decorative elements incorporated into the supports as well as the sign.
      
 
      
 
 
VEHICLE SIGN: Any magnetic, painted, permanently attached, or temporarily attached sign which is affixed to a vehicle or trailer. This definition does not apply to banner signs attached to vehicles, signs or lettering on public transit vehicles, taxis or company vehicles operating during the normal course of business or parked in a legally designated on site parking space at the location of the company owning the vehicle.
 
 
WALL SIGN: An on premises sign attached to or erected against a wall.
 
WINDOW SIGN: Any sign, graphic, or visual presentation which is placed to be read from the exterior of a building that is:
A.   Painted or drawn onto a windowpane;
B.   Mounted onto the outside of a windowpane; or
C.   Mounted within three feet (3') of the windowpane on the inside of the building.
(Ord. 963, 2-15-2011; amd. Ord. 1132, 2-17-2015; Ord. 1258, 5-2-2017; Ord. 1351, 9-18-2018)

9-26-040: REQUIREMENT OF CONFORMITY:

No sign for which a permit is issued after the effective date of this chapter, may be placed or maintained in the City, except as provided in this chapter. All signs maintained contrary to the provisions of this chapter are declared to be nonconforming and, as such, may be dealt with or removed as provided herein. Any sign that poses a public safety hazard may be removed as specified in subsection 9-26-050H4 of this chapter. (Ord. 963, 2-15-2011)

9-26-050: APPROVALS, PERMITS, APPLICATIONS AND ENFORCEMENT:

A.   Signs Associated With New Development: Development projects which are intended to contain signage shall identify and be reviewed for a sign allowance as a part of the development review according to the following:
1.   Sign Allowance Approval: All development applications for nonresidential projects shall also be approved, as a part of the application for site plan approval, for the development's desired sign allowance. Development sign allowance approval need only identify the location and size of all on site permanent signs. Signage allowance approval shall not constitute approval of a sign permit. All signage shall require application for and approval of a sign permit prior to installation.
2.   Master Sign Program Approval: Nonresidential multi-tenant developments shall pursue development signage approval by way of a master sign program as a part of the application for site plan approval. Master sign program approval need only identify the location and size of all desired on site permanent signs for each unit, pad, or business within the development. The master sign program shall also include details regarding a signage theme. Approval of a master sign program shall not constitute approval of a sign permit. All signage shall require application for and approval of a sign permit prior to installation.
3.   Amendments: Amendments to approved sign allowances or master sign programs shall be approved by the Zoning Administrator if the amendments fully comply with this chapter. Amendments which do not fully conform to this chapter may be reviewed for possible approval by the Planning Commission by way of a site plan amendment.
B.   Signs Not Associated With New Development: Signs associated with an existing building or developments, or for new developments that do not have an approved sign allowance, need only pursue a sign permit and will be reviewed by the Zoning Administrator or their designee based on independent sign allowances for each sign.
C.   Sign Permit Review:
1.   Sign Permit Required: Unless otherwise provided by this chapter, every sign within the City shall require a sign permit prior to its erection, installation, or use. Such permit is separate and distinct from any building permit or other permit that may be required by applicable provisions of this Code.
2.   Conditions Of Permit Issuance:
a.   If a specific occupancy or use displays an illegal or nonconforming sign, a new sign permit may not be issued for that occupancy or use without modifications to or removal of the nonconforming sign resulting in conformity with the provisions of this chapter.
b.   If there is a requesting tenant having an illegal or nonconforming sign displayed within a multi-tenant development or shopping center, new permits may not be issued for that space without modifications or removal of nonconforming signs resulting in conformity with the provisions of this chapter.
c.   A permit for a freestanding sign may be issued for a multi- tenant building, development, or shopping center, provided the terms thereof specify modification or removal of all nonconforming freestanding signs resulting in conformity with the provisions of this chapter.
D.   Applications For Sign Permit:
1.   Sign Permit Application: To obtain a permit, the applicant must submit a complete sign permit application to the Community Development Department on a form prescribed by the City. A sign permit application may include all signs associated with a property that has received site plan or plat approval, or has a master sign program associated with approved development guidelines. The application must be accompanied by the information specified in this section. Additional information may be required on a case specific basis when determined to be necessary to verify the engineering or construction of the sign or to assure the health, safety, and general welfare of the community, tenant, or business.
2.   Submission Requirements: The following drawings and information must be submitted with each sign permit application based on the type of permit requested:
a.   Monument And Freestanding Signs:
(1)   Two (2) copies of a plot plan for the entire site, drawn to scale, showing the distance of the sign to all buildings, dimensioned property lines, and sign setbacks from public and private rights-of-way, intersections, easements, and driveways.
(2)   Two (2) fully dimensioned, scaled elevation drawings showing height, color, area dimensions, sign design, type of illumination, and aesthetics of the sign as will appear from the street. Elevations must be provided for all four (4) sides of the sign.
(3)   One complete set of detail drawings of the sign's construction including name of sign maker, electrical plan, foundation scheme, and name of the licensed contractor who will install the sign.
b.   Wall Signs:
(1)   Two (2) fully dimensioned, scaled elevation drawings showing the linear and area dimensions of the sign and the building elevation on which the sign is to be placed, color, sign design, type of illumination, and aesthetics of the sign as will appear from the street.
(2)   Details of the sign's construction and attachment to the wall or building, including an electrical plan, the name of sign maker, and the name of the licensed contractor who will install the sign.
c.   Temporary Signs:
(1)   Two (2) fully dimensioned, scaled elevation drawings showing the linear and area dimensions of the sign and the building elevation on which the sign is to be placed, color, sign design, and aesthetics of the sign as it will appear from the street.
(2)   Statements related to the length of time for display.
d.   Change Of Sign Face:
(1)   Two (2) fully dimensioned, scaled elevation drawings showing the linear and area dimensions of the sign and the building or structure elevation on which the sign is to be placed, color, and sign design as it will appear on the building or sign structure.
e.   Additional Information Required: The following information shall be required for all sign permit applications:
(1)   Written consent of the owner, lessee, agent, or trustee having charge of the building or property on which the sign is proposed to be located.
(2)   Proof of application for or issuance of a current Draper City business license.
(3)   Address and phone number of the property owner, lessee, agent, or trustee having charge of the building or property on which the sign is proposed to be located.
(4)   The license number, phone number, and address for the general or electrical contractor who will install the sign.
3.   Permits In Conformance: Permits authorizing the use, construction, reconstruction, or alteration of any sign may be withheld when inadequate information is submitted to determine if the proposed action is in conformance with the provisions of this chapter.
E.   Review And Approval Procedures:
1.   Permit Issued: Upon submittal, the application will be reviewed for conformance with the standards of this chapter. A permit will be issued, provided the proposed sign meets all applicable requirements of this chapter and the required fees are paid.
2.   Inspections: All signs for which a permit is required shall be subject to the following inspections:
a.   A footing or structural inspection on all freestanding signs;
b.   An electrical inspection on all illuminated signs;
c.   An inspection of braces, anchors, supports, and connections on all wall signs; and
d.   A final inspection to ensure the sign has been located and constructed according to the approved sign permit.
3.   Inspection Markings And Tags:
a.   Certification Tags: Each permanent and temporary sign requiring a sign permit shall have a certification tag issued by the community development department affixed to the sign.
b.   Tag Number And Date: Each certification tag shall be of weatherproof material and will have a tag number and date which corresponds to the issuance date and permit number.
c.   Tag Installation: The Draper City inspector shall apply tags only to signs for which a permit has been issued at a designated place on the sign where it may be readily seen by Draper City inspectors. The tag certifies to the community development department that the placement and construction of the signs are in conformance with representations made in permit applications and that the work is completed.
F.   Permit Fees: Sign permit fees shall be assessed according to the current Draper City consolidated fee schedule. When a permit is obtained in order to voluntarily bring a legal nonconforming sign into compliance with the terms of this chapter, there will be no fees assessed to the permit.
G.   Permit Limitations:
1.   Transferability: Permits, permit numbers, permit applications, and supporting information shall not be transferable to other sites or signs and shall be valid only for a specific sign at the designated location. If at any time a sign or sign structure is altered, removed, or relocated in a manner different from the terms of an issued sign permit, such existing sign permit will become void and a new application must be made for the sign as altered or relocated. Signs associated with a business that has its ownership transferred with no proposed alteration to the business name, building, or signage shall, upon notification to the city, have its permits transferred to the new business owner without need of a new application.
2.   Sign A Nuisance: No permit for a sign may be deemed to constitute permission or authorization to maintain a public or private nuisance, nor shall any permit issued hereunder constitute a defense in any action to abate a nuisance.
H.   Enforcement:
1.   Violations: If the zoning administrator finds a sign for which a permit has been issued violates any applicable provision of this chapter, the administrator shall pursue correction of the violation, including revocation of the permit and removal of the sign, at the cost of the permit holder, as outlined in this subsection.
2.   Penalties For Violations: Any person, firm, corporation, or entity violating any provision of this chapter or failing to comply with any regulation hereunder shall be considered a violation of this title, punishable as outlined in section 9-7-060 of this title.
3.   Revocation Of A Sign Permit: The zoning administrator may, in writing, revoke a sign permit issued under provisions of this section, upon determining that the sign was constructed in violation of the terms of this chapter, the permit was issued on the basis of a material omission or misstatement of fact, or the permit was issued in violation of this chapter. Revocation of a sign permit which is to include or involve removal of a sign shall also comply with the provisions of subsection H4 of this section.
a.   Notice: Notice of the zoning administrator's decision to revoke a sign permit shall be served to the holder of the permit:
(1)   By delivering in person a copy of the notice to the holder of the permit, or their agent when specified;
(2)   By leaving a copy of the notice with any person in charge of the premises; or
(3)   In the event no such person can be found on the premises, by the certified mailing of a copy of the notice to the permit holder.
b.   Illegal Sign: If no appeal has been made at the end of the fifteen (15) days, the permit will be considered revoked and the sign illegal. The zoning administrator shall then initiate the process for the removal of the illegal sign at the permit holder's cost.
4.   Removal Of Signs:
a.   Authority: The zoning administrator is hereby authorized to require removal of any sign.
(1)   Written Notice: Before bringing action to require removal of any sign, the zoning administrator shall give written notice to the owner of the sign or the owner of the premises on which such sign is located. The notice shall state the violation charged and the reasons and grounds for removal, specifying the deficiencies or defects and what repairs, if any, will make the sign conform to the requirements of this chapter. The notice shall also specify that the sign must be removed or made to conform with the provisions of this chapter within the notice period. Service of notice shall be made personally on the owner or lessee, or by certified mail addressed to the owner or lessee at the address specified in the permit or the last known address.
(2)   Notice Period:
(A)   The notice period for permanent signs shall be fourteen (14) days.
(B)   The notice period for temporary signs shall be forty eight (48) hours.
(3)   Prosecution: If the owner or lessee of the premises upon which the sign is located has not demonstrated to the satisfaction of the zoning administrator that the sign has been removed or brought into compliance with the provisions of this chapter by the end of the notice period, the zoning administrator shall submit the violations to the city prosecutor for prosecution.
(4)   Continuing Violation: Reerection of any sign or substantially similar sign on the same premises after a notice of violation has been issued shall be deemed a continuation of the original violation.
b.   Removal Of Temporary Signs: The zoning administrator may remove any illegal temporary sign which is maintained or reerected after the expiration of the notice period, if the owner or lessee of the premises has been issued a notice of violation at least once before for the same violation involving the same or similar sign. When temporary signs are removed by city staff, the responsible party shall be notified within two (2) business days of the reason for the removal and the location from which the sign was removed. Removed signs shall be made available for the responsible party to pick up for three (3) calendar days. After that time, removed signs will be destroyed.
c.   Safety Hazard: Notwithstanding other provisions of this subsection H4, the zoning administrator may cause the immediate removal, following notice to the owner of the sign or the property on which it is located, of any unsafe or defective sign that creates an immediate hazard to persons or property.
d.   Costs Of Corrective Action: The costs of removal of a sign by the city shall be borne by the owner of the sign.
5.   Cost Of Enforcement: The city shall be entitled to recover all costs incurred, including attorney fees, in the enforcement of actions under this chapter and in accordance with Utah Code Annotated sections 10-9a-802 and 803, as amended.
6.   Liability For Damages: The provisions of this chapter shall not be construed to relieve or limit in any way, the responsibility or liability of any person, firm, or corporation which erects or owns any sign for personal injury or property damage caused by the sign. In addition, this chapter shall not be construed to impose upon the city, its officers, or its employees any responsibility or liability by reason of the approval of any sign under the provisions of this chapter.
I.   Appeal: An applicant for a sign permit or a permit holder may appeal the decision of the zoning administrator to revoke the permit to the appeals and variance hearing officer by filing an appeal application within fifteen (15) days of the date when the notice was served or the date of the certified mailing.
(Ord. 963, 2-15-2011; amd. Ord. 1351, 9-18-2018; Ord. 1408, 10-15-2019)

9-26-060: GENERAL PROVISIONS:

A.   Sign Area Measurement: Signs which use a cabinet shall have their area determined to be the area of the entire cabinet face, excluding its border, visible from the outside of the sign. In the case of individual letters used as a sign, the area is ninety percent (90%) of the area enclosed within the smallest regular geometric shape needed to completely encompass all letters, insignias, and symbols of the sign, including horizontal spacing between letters, insignias, symbols, and any extension of support structures not enclosed within the area of all individual letters. Sign measurements shall also be subject to the following:
 
1.   The supports, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights, or structure are designed in a manner as to form an integral background of the display.
2.   Sign area shall be calculated for one sign face, except as otherwise stated for particular sign types in this chapter.
3.   Sign allowances shall include all on premises signs unless under this chapter a particular type of sign:
a.   Is expressly excluded from the calculation of sign allowances; or
b.   Has a separate basis for calculating sign area.
4.   For signs using individual letters, the area of the entire sign shall be calculated using a single regular geometric shape, albeit words, abbreviations, logos, and insignias may be calculated independently to determine area of such signage. (Ord. 1132, 2-17-2015)
B.   Sign Height Measurement:
1.   Freestanding Signs: Sign height for all freestanding signs is the distance measured from the average finished grade at the base of the sign to the topmost portion of a sign, excluding decorative embellishments.
2.   Building And Wall Mounted Signs: The height of any building or wall mounted sign is the vertical distance measured for the cabinet or geometric shape used to determine the sign's area.
 
C.   Clearance Requirements:
1.   No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, or standpipe.
2.   No permanent or temporary sign shall obstruct any door or window opening.
3.   Freestanding signs shall not extend over any pedestrian or vehicular access area unless specifically approved by the city engineer and the fire department.
4.   No sign shall be erected or maintained which has less clearance from communication lines and energized electrical power lines than that prescribed by the laws of the state of Utah.
5.   No sign shall be located on publicly owned land or inside or over street rights of way, except as specifically authorized in this chapter.
D.   Setback Requirements: To determine setback distances, measurements shall be taken from the point of the sign or sign structure which is closest to the street, right of way, district line, or property line from which the sign is to be set back (see illustration).
1.   All freestanding and monument signs shall be set back a minimum of fifteen feet (15') from the back of the curb to allow for park strip and sidewalk. Setbacks from property lines are in addition to minimum curb setback.
2.   Signs in any commercial or manufacturing zoning district shall be located not less than twenty feet (20') from any adjacent residentially zoned property.
3.   No signs greater than three feet (3') in height shall be permitted in the triangular clear view area.
 
E.   Traffic Safety: No sign or other advertising structure shall be erected which in any manner may be confused with an official traffic sign or signal or which bears words normally used in such signs, i.e., stop, go slow, caution, danger, warning, etc., in a manner that resembles traffic signs. No sign shall have lighting which impairs the vision or anyone traveling upon a public or private street or distracts any driver so as to create a public nuisance. No sign or group of signs may exceed one foot-candle in brightness as measured at the property line.
F.   Design, Construction, And Maintenance:
1.   All signs shall comply with applicable provisions of all codes, including building and electrical codes adopted by the city.
2.   Permanent signs shall be constructed of permanent material and shall be attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
3.   All signs shall be maintained in good and safe structural condition. The landscaped area in which any freestanding sign is placed shall be kept free from weeds, garbage, and debris.
4.   Permanent signs shall be designed so as to be an integral part of the overall design of a site and architecturally compatible with the buildings to which they relate.
G.   Illumination Requirements: Permanent signs may be illuminated according to this subsection unless otherwise specified in this chapter. Illumination may be either by direct, internal, or internal indirect means and shall be so installed according to all applicable codes and regulations.
1.   Any external light source used for the illumination of a sign shall be shielded so all direct light shines onto the sign area only.
2.   Neither direct nor reflected light from any source shall create a traffic hazard, distraction to operators of motor vehicles on public thoroughfares, or create a nuisance to surrounding properties.
3.   For signs illuminated from an internal light source:
a.   The light source shall not be visible from the exterior of the sign; and
b.   No direct lighting shall shine beyond the sign area.
4.   The following illumination types shall be prohibited for all signs:
a.   Flashing, blinking, or rotating lights;
b.   Exposed neon or similar tube type illumination, except as specifically permitted elsewhere in this chapter;
c.   Visible bare incandescent, fluorescent, metal halide, or high or low pressure sodium light bulbs; and
d.   Mercury vapor lights.
5.   All applicable illumination standards of chapter 20 of this title shall be adhered to at all times.
H.   Standards For Permitted Sign Types:
1.   Sign Integration And Design Standards: Sign locations shall be integrated with landscape plans to avoid obstruction of the sign and traffic.
a.   Wall sign copy is strongly recommended to be designed with individual letters and logos rather than cabinets.
b.   Signage located facing residential areas or which present the risk of light nuisances to adjacent properties shall utilize signage consisting of reverse pan channel lettered and lit designs.
c.   Where tower signs are permitted, the poles and other structural supports shall be covered or concealed with pole covers architecturally and aesthetically designed to match the building.
d.   Monument signs shall have at least a one foot (1') opaque pedestal designed as part of the foundation which conceals supports. The pedestal shall run at least seventy five percent (75%) of the horizontal length of the sign and no space may be exposed between the pedestal and the ground or landscaped area.
2.   Sign Faces: Signs, other than banners, desired to be multifaced may have a maximum spread of forty five degrees (45°) between the faces.
 
3.   Wall Signs: Wall signs shall be placed on the wall of the business which the sign identifies. No wall sign shall be larger than two hundred fifty (250) square feet.
4.   Freestanding And Monument Signs:
a.   Traffic Hazard: Freestanding and monument signs shall be placed in a manner so as to not interfere with traffic in any way, confuse drivers, or present any traffic hazard.
b.   Curb Setback: All freestanding and monument signs shall be set back a minimum of fifteen feet (15') from back of curb or in compliance with sign distance triangles when physical conditions prohibit compliance with this fifteen feet (15') setback requirement. (Ord. 963, 2-15-2011)

9-26-070: PERMITTED ON PREMISES PERMANENT SIGNS:

Permitted signage described in this section is for specified zones, unless otherwise outlined in section 9-26-090 of this chapter where the provisions therein will govern. The area of wall, freestanding, and monument signs are added together in order to arrive at the total sign allowance.
A.   Nonresidential Zones:
1.   Wall Signs:
a.   For any one side of a building the maximum sign area for each one linear foot of building wall shall be one square foot.
b.   When the wall on which the sign is placed is more than two hundred feet (200') from any public right-of-way, the maximum sign area for each one linear foot of building wall shall be one and one-half (11/2) square feet.
c.   No part of a building wall sign shall extend above a roofline.
d.   No part of such signs shall project from a building wall a distance greater than twelve inches (12").
2.   Freestanding And Monument Signs:
a.   The maximum number of signs per street frontage shall be one, except as follows:
(1)   A Commercial Center having a minimum of six hundred fifty feet (650') of linear frontage along a single public street may have additional monument signs in accordance with the following:
(A)   No more than four (4) monument signs; and
(B)   A minimum of two hundred (200) linear feet between signs.
b.   The maximum sign area shall be twenty four (24) square feet.
c.   The maximum height shall be six feet (6').
d.   The maximum vertical dimension of the cabinet or panel shall be four feet (4').
e.   The maximum horizontal dimension of the cabinet or panel shall be ten feet (10').
f.   Such signs shall be placed within a landscaped setting of not less than two hundred forty (240) square feet.
g.   Up to fifty percent (50%) of the allowed sign area may be used for a change panel sign in conjunction with the freestanding monument sign.
3.   Tower Signs:
a.   Tower signs are permitted only for developments or multiple tenant complexes with one hundred thousand (100,000) or more square feet of building floor area, inclusive of all pads within the development, subject to the following.
b.   Such signs shall identify the project, building, business or businesses within the development, or development.
c.   The maximum area of such sign shall be seventy five (75) square feet.
d.   The maximum height of such sign shall be twenty feet (20').
e.   The maximum number of such signs per complex or development shall be one sign.
f.   Such sign shall be placed within a landscaped area of four (4) square feet for each one square foot of sign area.
4.   Informational Signs:
a.   The maximum number of such signs each for driveway entrance from a public or private right of way shall be one sign.
b.   The maximum height of such sign shall be three feet (3').
c.   The maximum area of such sign shall be four (4) square feet.
d.   The maximum area of business name or logo on such sign shall be one square foot.
e.   Where a driveway is shared the maximum area of such sign shall be eight (8) square feet.
f.   Where a driveway is shared the maximum combined area of the sign copy shall be two (2) square feet.
 
5.   Properties Developed As A Multibuilding Complex: Properties developed as a multibuilding complex shall be allowed on site freestanding signs, in addition to that otherwise permitted by this section, subject to the following requirements:
a.   The maximum number of signs for a complex shall be determined by the following:
(1)   Complexes of two (2) or three (3) buildings shall be allowed one additional sign.
(2)   Complexes of four (4) or more buildings shall be allowed up to one additional sign for every two (2) buildings.
b.   The maximum height of such signs shall be seven feet (7').
c.   The maximum area of such sign shall be thirty two (32) square feet.
d.   Such signs shall not be located within fifty feet (50') of a public right of way.
6.   Awning Signs: Signs may be permitted on awnings if the following conditions have been met:
a.   The awning is compatible with the color, architectural character, and design of the building upon which the awning is mounted, the location is appropriate, and the materials used are durable.
b.   If the awning is mounted on a multi-tenant building, the awning sign shall comply with the approved master sign program, if one has been approved, regarding its place, color, size, material, and letter style.
c.   The maximum area the awning sign shall cover is twenty percent (20%) of the total front face area of the awning.
d.   Sign letters or logos may be placed on the awning valance only.
e.   If sign letters or logos are placed on the awning, only the face area of the letters or logos may be illuminated. All illumination must be internal behind the surface of the awning.
7.   Restaurant Uses: Restaurants with drive-through facilities shall be allowed one on site freestanding sign per drive-through lane, in addition to that otherwise permitted by this section, according to the following requirements:
a.   The additional freestanding sign shall be located more than thirty feet (30') from the closest public right of way property line.
b.   The additional freestanding sign shall not be located more than five feet (5') from the drive-through lane.
c.   The maximum area of such sign shall be forty five (45) square feet.
d.   Such sign shall not be taller than seven feet (7').
e.   Such signs shall be illuminated internally, backlit, or illuminated digitally by means of EMC or LCD subject to requirements in section 9-26-060(G) and the illumination standards found in section 9-26-090(D)(1)(f) and section 9-20-040(B).
f.   Such signs shall be identified and accommodated in the approved sign allowance and shall require a sign permit prior to installation.
B.   Residential Zones:
1.   Commercial uses within residential structures shall be allowed signage according to the following requirements:
a.   No part of a building wall sign shall extend above a roofline.
b.   Such sign shall be installed with the exposed face of the sign in a plane parallel to the face of the building wall.
c.   Such signs shall not project from a building wall a distance greater than twelve inches (12").
d.   Such signs shall have a maximum area of two (2) square feet.
2.   Subdivisions and residential developments shall be allowed signage according to the following requirements:
a.   The maximum number of signs shall be two (2) per vehicular entrance into the development.
b.   Such signs shall not exceed twenty four (24) square feet.
c.   Such signs shall be a maximum of five feet (5') in height.
d.   Such signs shall be located a maximum of twenty five feet (25') the closest right of way property line inside the development.
e.   Such signs shall be mounted on or integrated into a wall surrounding the development. (Ord. 963, 2-15-2011; amd. Ord. 1389, 4-16-2019; Ord. 1435, 4-21-2020)

9-26-080: TEMPORARY SIGNAGE:

Temporary signage outlined in this section are allowed subject to the filing of an application for and issuance of a temporary signage permit, unless expressly exempted in this section.
A.   General Requirements: The following shall apply to all temporary signage as outlined herein:
1.   Such signs shall not be illuminated unless by way of permanently installed indirect lighting sources.
2.   Such signs shall not be placed in any public or private right of way, park strips, medians, or roundabouts.
3.   Such signs shall not be placed so as to create a traffic hazard in a clear view area.
4.   Such signs shall require application for an issuance of a temporary sign permit prior to installing or erecting a temporary sign, unless expressly exempted in this section.
5.   All temporary signage must be set back beyond the farthestmost part of the permanent ground mounted signage on the same property that fronts the same property line.
6.   Businesses utilizing electronic message centers as provided within this chapter shall not be allowed the use of temporary signage as outlined within this section.
B.   Special Event Signs: Temporary signs for events that have been issued a special events permit may be erected as allowed in this subsection.
1.   Such signs shall be permitted in all zones following application for and approval of a temporary signage permit.
2.   Such signs are subject to the following requirements:
a.   Such signs may be posted for a period not to exceed twenty one (21) days, including days after the event.
b.   Special event signs shall not exceed thirty two (32) square feet in size, and shall not have more than two (2) faces, and must be securely attached to the ground by posts with a stabilizing crossbar between the ground posts at the top of the sign.
c.   Up to thirty five (35) signs are allowed per event.
d.   Permission for the placement of such signs from property owners shall be required as a part of an application for a temporary signage permit.
e.   Special event signs for the same special event shall be placed no less than seventy (70) yards apart along a street.
f.   Special event signs may be placed no more than one (1) time in six (6) months for the same event.
g.   Special event signs shall not be placed in areas designated by Draper City as “not permissible” on specific Draper City owned property.
C.   Properties Subject To Development Or Construction: Properties which have been approved for a subdivision or site plan are subject to the following guidelines:
1.   Properties subject to development or construction shall be allowed one on site sign.
2.   The maximum area of such sign shall be forty eight (48) square feet.
3.   The maximum height of such sign shall be eight feet (8').
4.   Such sign may be illuminated by indirect lighting only.
5.   Such sign shall be removed immediately upon issuance of the final building permit for residential properties or the final certificate of occupancy for nonresidential properties.
D.   Banners: Banners may be used subject to the following provisions:
1.   Such signs may be used in all nonresidential zones and the RM1 and RM2 residential zones.
2.   Such signs shall be allowable for the following holiday periods without a permit:
Presidents Day and Valentine's Day
February for 5 days including the holiday
Easter
March or April for 5 days including the holiday
Memorial Day
May for 5 days including the holiday
July 4
5 days including the holiday
July 24
5 days including the holiday
Labor Day
September for 5 days including the holiday
Thanksgiving
November for 7 days including the holiday
Holiday season
For 23 days starting December 10 and ending January 2
 
3.   Such signs shall be allowable for an additional four (4) occurrences per calendar year up to fourteen (14) days per occurrence. Occurrences may run consecutively, upon issuance of a temporary sign permit for such, but shall be considered independent occurrences.
4.   Businesses which have received a new business license shall be allowed a banner sign for thirty (30) days during a grand opening upon issuance of a temporary sign permit. This permit shall not count as an occurrence.
5.   One banner per street frontage may be a maximum of thirty two (32) square feet.
6.   Such signs must be securely attached to a structure, fence, or to ground posts. When mounted to the ground, banners may be not higher than forty eight inches (48") from the ground to the top of the sign and must have a stabilizing crossbar between the ground posts at the top of the sign.
7.   Such signs shall not be located within any public or private right-of-way, park strips, medians, or roundabouts.
8.   Such signs shall not be placed where they obstruct the view of any sign identified in subsection 9-26-100A of this chapter.
9.   Banners may be two (2) faced but may not be split faced as identified in subsection 9-26-060H2 of this chapter.
10.   Permission for the placement of such signs from property owners shall be required as a part of an application for a temporary signage permit. (Ord. 963, 2-15-2011; amd. Ord. 1098, 8-8-2015; Ord. 1437, 5-19-2020)

9-26-090: AREAS OF SPECIAL DESIGNATION:

In an effort to complement and enhance the experience and aesthetics of certain areas of the community, these areas have been identified to have unique signage allowances. The signage allowances outlined for these special districts shall not be construed as cumulative to the allowable signage identified elsewhere in this chapter, but rather the exclusive signage allowable within the areas identified herein.
A.   Town Center District Special: The intent of this subsection is to enhance and protect the character of the historic and largely pedestrian areas of the Town Center area where it exists and is intended to be uniquely distinct from the other more intense commercial and gateway areas of the City. As such, the following special sign standards shall apply within the TC Zone only:
1.   Wall Signs:
a.   For any one side of a building the maximum sign area for each one linear foot of building wall shall be one square foot.
b.   No part of a building wall sign shall extend above a roofline or the eave line for buildings with a pitched roof. Gable areas shall not be considered to be above the eave line and for the purpose of this section, dormers shall not be considered gable areas. (Ord. 1258, 5-2-2017)
c.   No part of such sign shall project from a building wall a distance greater than twelve inches (12").
d.   Wall signs shall be illuminated through reverse channel halo illumination techniques only.
e.   No cabinet style construction shall be permitted for wall signage.
2.   Shingle Signs:
a.   Shingle signs no larger than two feet (2') high by three feet (3') wide shall be permitted.
b.   Such signs shall be suspended from a roof overhang, covered walkway, covered porch, open lattice walkway, or attached to a building wall fascia.
c.   Such signs shall identify the business.
d.   No part of a shingle sign shall extend further than four feet (4') horizontally from the building fascia.
e.   Such signs shall be on or adjacent to the business the sign identifies.
f.   The maximum number of such signs perpendicular or parallel to the business front shall be one sign.
g.   Suspended signs shall maintain a minimum clearance between the bottom of the sign and the nearest grade or sidewalk of seven feet six inches (7'6").
3.   Post And Panel Or Engraved Stone Monument Signs:
a.   Developments shall be allowed to install one post-and-panel or engraved stone monument sign per street frontage, providing the sign complies with the development standards herein. The maximum area of such signs shall be twenty four (24) square feet. The maximum vertical dimension of the cabinet or panel shall be four feet (4'), and the maximum horizontal dimension of the cabinet or panel shall be ten feet (10'). For a post and panel sign, the posts shall be no wider than two feet (2'). The maximum overall height of the sign structure shall be six feet (6').
b.   Signs allowable according to this subsection shall be made of quality, long-lasting materials that are compatible with and complement those of the building they represent.
c.   Signs allowable according to this subsection shall have no setback requirement from the property line. Such signs shall not be located within the right-of-way and shall not obstruct the view of vehicular traffic approaching, at, or leaving any intersection or access to a parking area. Since buildings in the Town Center have no minimum front setback, there shall be no minimum landscaping requirement for post and panel or engraved stone monument signs in the TC Zone.
d.   Signs allowable according to this subsection shall only be illuminated through means of ground illumination or a back- lighting system, or lights attached to the top of sides of the sign that shine back onto the face of the sign. Any illumination must be done in a manner which satisfies the requirements of chapter 20 of this title.
4.   Signage For Redeveloped Buildings: Existing buildings within the TC Zone which are converted into uses allowed within the zone may qualify for additional signage if the front wall plane of the building is located more than twenty five feet (25') from the property line to which it is oriented. This additional signage shall be limited to one (1) post and panel or engraved stone monument sign per street frontage which meets all of the following requirements:
a.   The maximum area of such signs shall be twenty four (24) square feet.
b.   The maximum height of such signs shall be six feet (6').
c.   The sign shall have no setback requirement from the property line.
d.   The sign shall not be located within the right-of-way nor obstruct the view of vehicular traffic approaching, at, or leaving any intersection or access/egress for any parking area.
e.   The sign shall be illuminated only through means of ground illumination or a back-lighting system which satisfies the requirements of chapter 20 of this title.
5.   Temporary Signage:
a.   Form: All temporary signage shall be in the form of A-frame or pole banner signs only. The temporary signage described in this section is allowed only in the Town Center. Signage allowed under subsections 9-26-080B, C, and D of this chapter shall also be allowed.
b.   A-Frame Signs:
(1)   A-frame signage shall be no larger than three feet (3') total sign height and three feet (3') total sign width.
(2)   There shall be no limitations on the frequency of temporary A-frame signage availability except as explicitly stated herein.
(3)   A-frame signage may be displayed during hours of operation.
(4)   There shall be no permit required for A-frame signage.
(5)   A-frame signage shall be limited to two (2) such signs per business location.
(6)   A-frame signage may be located within the parkstrip fronting the business for which the signage is displaying advertisement.
(7)   A-frame signage may not be located as to obstruct the view of vehicular traffic approaching, at, or leaving any intersection or access/egress for any parking area.
(8)   A-frame signage may not be located on any sidewalk or pedestrian pathway. In the case where the right-of-way area between the building and the curb line is developed entirely as pedestrian area with no landscaping, the A-frame signage shall be located to allow not less than six feet (6') of clearance between the building and the A-frame signage for pedestrians.
(9)   There shall be no illumination permitted specifically for A-frame signage.
c.   Pole Banner Signs:
(1)   Such signage shall have a permanently installed black metal pole which is twelve feet (12') in height with a two and one-half inch (21/2") to three inch (3") diameter or square pole with a cap and include extending arms on which banners can be installed. The metal pole may be placed in a sleeve permanently installed in a footing but must be secured by a bracket and fasteners.
(2)   A sign permit shall be required for the installation of the permanent pole portion of pole banner signage, but is not required for the installation of banners on the pole.
(3)   The height and width of the banner allowed for pole banner signage shall be five feet (5') high and two feet (2') wide.
(4)   All four (4) corners of a banner installed on pole banner signage shall be attached to the extending arms of the pole at both the top and bottom of the banner, and replaced when the banner becomes faded or torn. There are no limitations for the length of time any banner shall be displayed if such banner is in conformance with the requirements of this subsection.
(5)   Such signage shall have a setback of two feet six inches (2'6") from the right-of-way with the ends of the extending arms directed perpendicular towards the right-of-way.
(6)   Such signage shall not be located within or overhang onto the right-of-way, nor obstruct the view of vehicular traffic approaching, at, or leaving any intersection or access/egress for any parking area.
(7)   There shall be no illumination device or mechanism permitted specifically for the direct or indirect lighting of such signs.
(8)   Such signage shall be limited to one such sign per business location, and shall be spaced by a minimum of fifty feet (50') from the nearest such signage in the same commercial site or development.
6.   Clearance: All temporary signage which is building-mounted shall maintain a clearance of at least seven feet six inches (7'6") above any pedestrian pathway.
7.   District Entry: The City Council may approve City signage which varies from the terms of this subsection for the purpose of implementing signage which delineates and announces the entrance into the Town Center District. Such signage may only be located along primary transportation corridors into the district.
8.   Other Signs: Signage identified in section 9-26-100 of this chapter shall be allowed.
B.   Freeway Frontage Road: The intent of this subsection is that the areas of the community directly oriented and related to the I-15 freeway warrant specialized standards for signage where those properties possess limited and unique visibility constraints due to higher speeds of traffic and differences in elevation between businesses and passersby. Any freestanding business or group of businesses shall be allowed the signs described in this subsection. In addition to subsections B1a and B1b of this section, to qualify for such signs the business or group of businesses, if located on more than one lot or parcel, must have a common driveway and unrestricted cross access between the adjoining lots or parcels.
1.   To qualify for such signs the business or group of businesses shall:
a.   Abut or have direct access to those designated sections of Pony Express Road, Minuteman Drive, State Street, 165 W (Election Road), or Bangerter Highway depicted in section 9-26-140, exhibit A of this chapter;
b.   Be located on a lot or parcel that abuts Interstate 15. When property abuts I-15 and is not abutting on a designated section of a freeway frontage road, any qualifying freeway frontage road sign must be placed in such a location that it is clearly visible from I-15 traffic and in no case shall the sign be located more than two hundred feet (200') from the I-15 right-of-way; or
c.   Be located within development areas identified within section 9-26-140, exhibit B of this chapter, where the entirety of the development area is entitled to a maximum of one sign identified in subsection B2 of this section, in addition to all other allowed signage, except commercial properties on the south side of 11400 South from I-15 to the east property line of the Draper Plaza Shopping Center where only one tower sign per property is permitted, provided all such signs are spaced at no closer than two hundred feet (200') to each other. Said allowed signs shall also conform to subsection B2 of this section.
2.   Businesses or a group of businesses within a single development which meet the qualifications of subsection B1 of this section and would otherwise qualify for a tower sign in accordance with section 9-26-070(A)(3) may be allowed one of the sign types in this subsection. Businesses located within Freeway Frontage Zones A, B, C, and D may have such sign, providing the property on which they are located has a minimum two and one-half (2.5) acres and a minimum four hundred (400) linear feet of lot frontage.
a.   One monolithic sign, where:
(1)   The maximum height shall be forty feet (40') in the freeway frontage road designated area A; the maximum height shall be thirty feet (30') in the freeway frontage road designated area B; the maximum height shall be seventy feet (70') in the freeway frontage road designated area C;
(2)   The ratio of width to height does not exceed 1:4.5;
(3)   The sign is internally lit; and
(4)   The sign face area shall not exceed three hundred sixty (360) square feet, nor two hundred (200) square feet measured around the lettered copy within the sign face; or
b.   One tower sign where:
(1)   The maximum height shall be seventy feet (70') in the freeway frontage road designated area C; the maximum height shall be forty feet (40') in the freeway frontage road designated area A; the maximum height shall be thirty feet (30') in the freeway frontage road designated area B; the maximum height shall be sixty five feet (65') in the freeway frontage road designated area D;
(2)   The tower sign's structural support shall be a minimum width of five feet (5') or a minimum of thirty six inches (36") each for signs with two (2) or more structural supports located near the outside width dimensions of the sign;
(3)   The structural supports of the tower sign shall be finished architecturally with detailed masonry products exclusive of concrete masonry units, brick, or stone, which shall be architecturally and aesthetically designed to match the building or development to which it is associated;
(4)   The tower sign shall be finished with architectural or decorative elements that serve to relate the sign to the building or development to which it is associated; and
(5)   The sign area shall not exceed three hundred (300) square feet in the freeway frontage road designated area C; the sign area shall not exceed two hundred (200) square feet in the freeway frontage road designated area A; the sign area shall not exceed one hundred (100) square feet in the freeway frontage road designated area B. The sign area for area D shall not exceed four hundred fifty (450) square feet, which may include electronic sign area.
3.   Properties eligible for freeway frontage signage allowances outlined within this subsection and which have frontage on two (2) public rights-of-way shall be allowed one monument sign along the nonfreeway frontage street.
4.   Properties eligible for freeway frontage signage allowances shall be allowed wall signs outlined in subsection 9-26-070A1 of this chapter.
5.   Properties eligible for freeway frontage signage allowances shall be allowed banner signs not to exceed one hundred twenty (120) square feet. All other provisions outlined in subsection 9-26-080D of this chapter regarding banner signs shall apply.
6.   Businesses or a group of businesses within a single development which meet the qualifications of subsection B1 of this section, which are located in the CBP, CR, CI, CC, or MARF Zones, and which have two and one-half (2.5) acres and have a minimum of four hundred (400) linear feet of lot frontage shall be allowed one electronic message sign. Such signs shall be subject to the provisions of subsection D1 of this section.
7.   Signage outlined in subsections 9-26-070A4, A5, A6, and A7 of this chapter shall be allowed as outlined in those subsections.
8.   Other signs: Signage allowable under this section and section 9-26-100 of this chapter shall be allowed with the added requirements of this subsection.
C.   12300 South/Draper Parkway Corridor: The 12300 South/Draper Parkway Corridor Commercial District is the most intense commercial area in the City, as well as a primary gateway into and through the community, which possesses a unique intensity of uses and signage which provides a distraction for motorists and pedestrians, thereby maintaining a distinct health, safety, and welfare concern. In order to enhance and protect the character and safety of this principal gateway into the City, experiencing one of the highest traffic volumes in the City, the following sign standards shall apply to properties along the entire corridor of 12300 South/Draper Parkway Street:
1.   General Provisions:
a.   The provisions of this subsection C shall apply to all properties and developments which face, front, or have access from the 12300 South/Draper Parkway right of way.
b.   The provisions of this subsection C shall constitute the sum total of signage allowed for each business or development as a means to reduce the visual clutter experienced along the 12300 South/Draper Parkway corridor.
c.   Temporary and permanent signage, with the exception of wall signs, shall be located a minimum of ten feet (10') from the right of way property line.
2.   Wall Signs: Wall signage, as outlined in subsection 9-26-070A1 of this chapter, shall be allowed.
3.   Tower Signs: Tower signs shall not be allowed within the 12300 South/Draper Parkway corridor.
4.   Freestanding And Monument Signs: Freestanding and monument signage, as outlined in subsection 9-26-070A2 of this chapter, shall be allowed with the following additional requirements:
a.   Properties with four hundred feet (400') or more of direct frontage on the 12300 South right of way shall be allowed one additional monument sign separated by a minimum of two hundred feet (200') from any other ground mounted permanent sign on the same property;
b.   Freestanding and monument signs shall be located a minimum of one hundred feet (100') from the next closest ground mounted permanent sign on an adjacent property;
c.   Buildings containing multiple units in attached construction shall be allowed signage specified in this subsection for the building as a whole rather than for the individual units;
d.   Developments containing multiple buildings, with or without units in attached construction, shall be allowed signage specified in this subsection for the development as a whole rather than for the individual buildings or units;
e.   Any legally nonconforming ground mounted permanent sign, regardless of the type of sign, shall count as one of the allowable freestanding and monument signs; and
f.   Any illegal sign shall prevent the installation of any allowable freestanding or monument sign on the same property until such time as the illegal sign is removed.
5.   Freeway Signs: Properties eligible for freeway signage allowances according to subsection B of this section shall be allowed the signage identified therein with the added requirements of this subsection C.
6.   Other Signs: Signage allowable under this section and section 9-26-100 of this chapter shall be allowed with the added requirements of this subsection.
7.   Allowed Signage: Signage outlined in subsections 9-26-070A4, A5, A6, and A7 of this chapter shall be allowed as outlined in those subsections with the added requirements of this subsection.
8.   Vehicle Signs: Vehicle signs shall not require a permit and shall be set back from a minimum of fifty feet (50') from any public or private right of way, park strips, medians, or roundabouts.
D.   Electronic Message Centers (EMC): A business which qualifies for a monument sign as described in this chapter and which has frontage along 12300 South/Draper Parkway may qualify for an electronic message center, subject to the following:
1.   All electronic message centers are subject to the following standards:
a.   Such signs shall display full color messages or images only and the use of single colored text and images is prohibited.
b.   Each message/advertisement displayed on an EMC shall remain static for a minimum of eight (8) seconds. Animation, flashing, starburst or other similar frame effects are prohibited.
c.   Pixel pitch shall be as follows:
(1)   EMCs along 12300 South/Draper Parkway may shall have a true pixel pitch between one millimeter (1 mm) and ten millimeters (10 mm) due to closer proximity of travelers to signs.
(2)   EMCs in freeway frontage areas as depicted in the exhibits of this chapter shall have a true pixel pitch between one millimeter (1 mm) and sixteen millimeters (16 mm) due to higher speeds and distance between travelers and signs.
d.   No EMC shall utilize a white or solid colored background for greater than or equal to fifty percent (50%) of the sign area.
e.   EMCs may only be allowed as part of a monument, monolithic or tower sign, as allowed in this chapter. Such signs shall comply with size restrictions set forth in this chapter.
f.   All EMCs are required to comply with the following LED sign illumination requirements:
(1)   All permitted EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot- candle measurements. In addition, EMCs must have a default mechanism to turn off the sign within twenty four (24) hours of a reported malfunction.
(2)   Sign illumination levels for EMCs shall never, at maximum display intensity, exceed 0.3 foot-candle over ambient lighting conditions when measured at the distance based on the formula of square root of area of sign times one hundred (100) ( area of sign x 100). Light cutoff devices shall minimize light above the sign.
(3)   The illuminance of an EMC shall be measured with an illuminance meter set to measure foot-candles accurate to at least two (2) decimals. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image. All measurements shall be taken perpendicular to the face of the EMC at the distance determined by the total square footage of the EMC as set forth in subsection D1f(2) of this section.
(4)   The applicant shall submit a photometric matrix (showing the dispersal in foot-candles) showing that the sign meets all the requirements of this code.
(5)   The owner shall be required to submit written certification from the sign manufacturer that the light intensity shall not exceed the maximum levels specified in the above table and photocell dimming prior to the issuance of a sign permit.
2.   Businesses utilizing EMCs as described in this section shall not be allowed the use of temporary signage as described in section 9-26-080 of this chapter.
3.   Electronic message center monument signs must have a minimum ten foot (10') setback from any right of way. (Ord. 963, 2-15-2011; amd. Ord. 1098, 8-8-2015; Ord. 1258, 5-2-2017; Ord. 1338, 9-4-2018; Ord. 1437, 5-19-2020)

9-26-100: SIGNS NOT REQUIRING A PERMIT:

Signage outlined in this section are allowed and does not require a sign permit or fee.
A.   Official Signs: Signs required or authorized for by law, statute, or ordinance, including: 1) traffic control and devices to identify streets; 2) signs associated with and limited to information and directions required by the building code, fire code, or other city codes; 3) signs specifically designed to meet the requirements of the Americans with disabilities act; 4) signs erected by public utility companies or construction area signs to warn of danger or hazardous conditions; and 5) cornerstones, commemorative tablets, and historical signs.
1.   Such signs may be of the type, number, area, height, location, or illumination authorized by the applicable law, statute, or ordinance.
2.   No such sign shall be placed in a public right of way unless specifically authorized or required by law, statute, or ordinance.
3.   On premises street address identification cannot exceed two (2) square feet in area and is limited to one such sign per use or building, whichever is greater.
4.   Cornerstones, commemorative tablets, and historical signs cannot exceed four (4) square feet in area per face and four feet (4') in height if freestanding, and such signs must be nonilluminated or indirectly illuminated.
B.   Flags: Flags of any nation, organization of nations, state, county, city, religious group, civic group, fraternal organization, or any educational institution in a number and specification as follows:
1.   In residential zones:
a.   A maximum of one flagpole not to exceed thirty five feet (35') in height may be installed for every single-family detached residential unit; or
b.   A maximum of two (2) flagpoles not to exceed thirty five feet (35') in height each may be installed for every multi-family development.
2.   In nonresidential zones:
a.   Lots or developments of less than one acre may install one flagpole not to exceed sixty feet (60') in height;
b.   Lots or developments of greater than one acre but less than two (2) acres may install up to two (2) flagpoles not to exceed sixty feet (60') in height each; or
c.   Lots or developments greater than two (2) acres may install up to three (3) flagpoles not to exceed sixty feet (60') in height each, one of which may be increased to not more than eighty feet (80') in height.
3.   All flagpoles of twenty feet (20') or more in height shall obtain a building permit from the city for the footing structure.
4.   The size of the flag, when measured diagonally, shall not exceed one-third (1/3) of the height of the flagpole. Flagpoles, if designed to accommodate such, may hold more than one flag so long as the combined size of all flags, when measured diagonally, do not exceed one-half (1/2) of the height of the flagpole.
5.   Flags may be illuminated using directional uplighting only as specified in chapter 20 of this title.
C.   Nonresidential Zones: In nonresidential zones:
1.   Window signs when:
a.   The total area of such signs does not exceed twenty five percent (25%) of the total window area;
b.   The windows in which the signs are placed are on the ground floor level of the building or business unit; and
c.   One exposed neon sign not exceeding four (4) square feet in area shall be allowed per street frontage as a part of allowed window signage.
2.   Two (2) A-frame signs when:
a.   Not taller than three feet (3') high;
b.   Not wider three feet (3');
c.   Displayed during hours of operation for any licensed business;
d.   Not be placed within any right of way unless the building is located less than five feet (5') from the right of way property line in which case A-frame signs may be placed within the park strip area;
e.   Not located on or over any sidewalk or pedestrian walkway or to obstruct the view of vehicular traffic approaching, at, or leaving any intersection or access/egress for any parking area; and
f.   Not illuminated.
3.   A single portable sign, not to exceed two feet (2') in vertical dimension and two feet (2') in horizontal dimension, on private property, subject to the following:
a.   Such signs shall be set back a minimum of ten feet (10') from any right of way property line;
b.   Such signs shall not be located within the parking area of any nonresidential property or within any clear vision area;
c.   Such signs shall not rest upon or be attached to any other signage, utility pole or device, or sign identified by subsection A of this section;
d.   Such signs shall not be located within or obstruct any public or private sidewalk or other pedestrian walkway; and
e.   Such signs shall be located:
(1)   On the property containing the enterprise for which the sign represents; or
(2)   In the case of a multi-tenant property, within one hundred feet (100') of the enterprise for which the sign represents.
4.   Vehicle signs when set back from a minimum of fifty feet (50') from any public or private right of way, park strips, medians, or roundabouts.
D.   Holiday Decorations: Holiday decorations or displays associated with any national, local, or religious holiday or celebration when:
1.   Displayed for not more than forty five (45) days prior to and not more than fourteen (14) after the holiday;
2.   Contained entirely within the boundaries of the lot or premises where they are erected;
3.   Placed so as to avoid confusion with authorized traffic control device; and
4.   Conforming to all traffic safety standards, including restrictions in clear view areas.
E.   Signs On Residential Properties Subject To Sale, Lease, Rent Or Auction: Properties subject to sale, lease, rent, or auction shall be allowed the following signage without necessity of an application for or issuance of a sign permit:
1.   Residentially Zoned Properties:
a.   Properties subject to sale, lease, rent, or auction shall be allowed one on site sign of one of the following types:
(1)   One "T" shaped post sign subject to the following requirements:
(A)   Such sign shall be a maximum of nine (9) square feet hanging from a "T" shaped mounting post;
(B)   Such sign shall be set back from the property line not less than five feet (5');
(C)   Such sign shall be allowed, without necessity of a permit, for the duration of the property's sale, lease, rent, or auction.
      
 
(2)   One yard sign subject to the following requirements:
(A)   The maximum area of each such signs shall be four (4) square feet;
(B)   The maximum height of such signs shall be three feet (3');
(C)   Such sign shall be set back from the property line not less than five feet (5'); and
(D)   Such sign shall be allowed, without necessity of a permit, for the duration of the property's sale, lease, rent, or auction.
 
b.   Properties subject to sale, lease, rent, or auction shall be allowed off site signs as follows:
(1)   Such signs may be used to direct traffic to a residence for sale, lease, rent, or auction.
(2)   Such signs shall be used only when a representative is on duty at the residence for sale, lease, rent, or auction or the property owner is present at the property for inspection.
(3)   The maximum number of such signs shall be three (3), as follows:
(A)   One sign at the intersection of the arterial or collector street closest in driving distance to the property; and
(B)   Two (2) signs at intersections leading from the first sign to the property.
(4)   The placement of such signs shall require permission of the owner of properties on which the signs are to be placed.
 
(5)   The maximum area of each such signs shall be four (4) square feet.
(6)   The maximum height of such signs shall be three feet (3').
      
 
 
 
2.   Nonresidentially Zoned Properties: Properties subject to sale, lease, rent, or auction shall be allowed signs as follows:
a.   Window signs according to the provisions of subsection C1 of this section; or
b.   One freestanding sign for which:
(1)   The maximum area of such sign shall be forty eight (48) square feet;
(2)   The maximum height of such sign shall be eight feet (8');
(3)   Illumination is by indirect lighting only; and
(4)   Removal is required immediately upon issuance of a sign permit for a new occupant or a building permit to renovate the subject space.
F.   Political Signs: Political signs may be erected prior to any election without necessity of a permit subject to the following requirements:
1.   Such signs must be located on private property, with the owner's permission.
2.   Such signs may not be located within any public right of way, public roundabout, or triangular clear view area.
3.   Such signs are subject to all requirements and provisions of the Utah Code Annotated and other laws as may be applicable.
G.   Temporary Banner Signs During Period Of Street Construction:
1.   Temporary banner signs may be placed in the public right of way to mark points of ingress and egress.
2.   The maximum display period for temporary banner signs used during periods of street construction shall only be for the duration of the construction period.
3.   Businesses may qualify for this exception only if the street construction is materially impairing the primary access to the business.
4.   Such signs shall be removed within ten (10) business days after construction is done and the material impairment to the primary access to the business is concluded. (Ord. 963, 2-15-2011)

9-26-110: NONCONFORMING SIGNS:

To minimize confusion and avoid unfair competitive disadvantage to businesses required to satisfy the standards of this chapter, the city intends to apply regulation of existing nonconforming signs with a view toward their eventual elimination. This goal shall be achieved by imposing limits on change, expansion, alteration, abandonment, and restoration of legally existing nonconforming signs. Except as otherwise provided herein, the provisions of chapter 6 of this title regarding nonconforming uses and structures shall apply to nonconforming signs, except where the terms of this chapter conflict, in which case the terms of this chapter shall govern.
A.   Legal Nonconforming Signs: A sign legally established prior to the enactment of this chapter which does not fully comply with the terms of this chapter shall be regarded as a legal nonconforming sign. Such signs may be continued subject to being properly repaired and maintained, so long as the existing sign is not expanded in size, relocated, or altered in any way unless the relocation or alteration brings the sign into compliance with this chapter. The following alterations are exempt from this provision:
1.   Panel changes for a new business in a legal nonconforming sign; and
2.   Copy changes in nonconforming permanent signs which were originally approved by the city with a changeable copy feature.
B.   Destroyed Or Damaged Sign: Whenever a legal nonconforming sign is destroyed or damaged by explosion, fire, windstorm, flood, earthquake, vandalism, act of God, or any other means beyond the control of the sign owner, such sign may be restored to its exact size and design immediately prior to its damage or destruction or brought into full and complete compliance with the provisions of this chapter.
1.   Any destroyed or damaged legal nonconforming sign requiring repairs, must be repaired back to its exact size and design immediately prior to its damage or destruction within one hundred eighty (180) days. If a destroyed or damaged sign is not repaired within one hundred eighty (180) days it will be considered abandoned and must be repaired to conform to the provisions of this chapter, removed, or it may be dealt with or removed as specified under subsection 9-26-050H4 of this chapter.
2.   A sign destroyed or damaged as a result of a public improvement project may be replaced to its exact size and design immediately prior to its damage or destruction, maintaining its legal nonconforming status, and all permitting fees shall be waived. Such replacement may also include relocation. Any such relocation must be to an on site location fully complying with the terms of this chapter.
C.   Abandonment: Abandonment of a sign shall occur after one hundred eighty (180) days from the first issuance of a notice of abandonment from the city. Any nonconforming sign deemed abandoned must be removed or brought into compliance with this chapter by the property owner. If removal or compliance does not occur, the city may have the nonconforming sign removed through the processes specified in subsection 9-26-050H5 of this chapter. An abandoned sign shall not regain any legal nonconforming status under any circumstance.
D.   Voluntary Conformance Fee Waiver: When any existing legal nonconforming sign is voluntarily brought into conformance with the provisions of this chapter, all fees associated with application and permitting procedures for any resulting conforming replacement sign shall be waived by the city. If multiple signs are to be replaced, only nonconforming signs shall be eligible for the fee waiver.
E.   Signs Rendered Nonconforming By Capital Improvements Projects Or Public Action: Sites experiencing a reduction in setback for the benefit of a capital improvements project or public action shall be allowed:
1.   To maintain existing signage as legal nonconforming signage; or
2.   If a sign is altered or required to be relocated by the action, the site shall be allowed the signage opportunities allowed by this chapter.
F.   Billboards: Billboards may be relocated, removed, or altered according to the terms of Utah Code Annotated. (Ord. 963, 2-15-2011)

9-26-120: PROHIBITED SIGNS:

The following signs shall not be permitted, erected, or maintained within the city:
A.   Animated signs or signs with:
1.   Visible moving, revolving, or rotating parts or visible mechanical or electrical movement of any kind;
2.   The optical illusion of movement or giving the illusion of motion; or
3.   Lights or illumination which flash, move, rotate, blink, flicker, or use intermittent electrical pulsations;
B.   Strings of light bulbs other than that needed to illuminate outdoor seating or patio areas or traditional holiday decorations during a holiday season, applicable to nonresidential uses only;
C.   Signs which:
1.   Emit or are designed to emit a sound intended to attract attention, by any means;
2.   Involve the use of live or preserved animals; or
3.   Create unsafe glare;
D.   Any sign determined to be abandoned or illegal;
E.   Any sign which is installed or erected in or projects into or over any public or private right of way, park strips, medians, or roundabouts, except as expressly permitted by the terms of this chapter;
F.   Signs not permanently affixed or attached to the ground or to any structure except for temporary signs expressly permitted by this chapter;
G.   Any sign or sign structure which constitutes a hazard to safety or health by reason of inadequate installation, maintenance, or dilapidation;
H.   Any sign or sign structure which:
1.   In any way obstructs the view of, may be confused with, or purports to be an official traffic sign, signal, or device or any other traffic control, warning, or public safety device; or
2.   Creates an unsafe distraction for or obstructs the view of vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley, or other thoroughfare;
I.   Any sign which obstructs the free ingress to or egress from any door, window, fire escape, or other building entrance or exitway;
J.   Any sign with a changeable or removable text or panel feature, except where specifically allowed by the provisions of this chapter;
K.   Off premises advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located, except as expressly provided for elsewhere in this chapter;
L.   Portable signs or signs not otherwise permanently affixed to any structure on the site, permanently mounted to the ground, or otherwise located on one or more wheels;
M.   Signs for the purpose of general outdoor advertising of products or services, or signs advertising a use, service or attraction not located in the city, except as provided for elsewhere in this chapter;
N.   Flags, banners, pennants or strings of pennants, wind or forced air powered signs, or other devices designed or allowed to wave, flap, or rotate with the wind except for flags, pennants, and insignias expressly permitted by this chapter;
O.   Banners of any size for which a temporary sign permit has not been issued according to this chapter;
P.   Inflatables, unless expressly permitted by this chapter;
Q.   Roof mounted signs or signs which project above the roofline or the bottom of the eaves of a building whichever is lower, but signs within a gable shall not be considered above the eaves and, for the purpose of this subsection, dormers shall not be considered a permissible gable area for signage;
R.   Sign of an advertising nature posted or glued directly on an exterior wall, roof or affixed directly on the same by any means of a similar adhesive substance. No paper, cloth, vinyl, or other nonrigid material sign, except for flags as provided for elsewhere in this chapter, shall be tacked directly on any exterior wall, or roof, except those allowed as temporary signs as defined elsewhere in this chapter;
S.   Off premises advertising signs and billboards, except for those legally existing prior to the adoption of this chapter;
T.   Graffiti;
U.   Handbills and snipe signs;
V.   Business signs in residential and agricultural zones, or on properties containing a residential use except as expressly permitted in this chapter for an operating and licensed home occupation on the same property;
W.   Any sign not in compliance with this chapter or any applicable provisions of this title;
X.   Any sign type not expressly permitted by this chapter;
Y.   Electronic message center signs containing video animation, flashing, or the appearance of movement of any kind, but this provision does not prohibit electronic message center signs operating in accordance with this chapter; and
Z.   Portable signs within any public or private right of way, sidewalks, park strips, medians, or roundabouts. (Ord. 963, 2-15-2011)

9-26-130: SEVERABILITY:

If any section, part or provision of this chapter is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this chapter, and all sections, parts and provisions of this chapter shall be severable. (Ord. 963, 2-15-2011)

9-26-140: EXHIBITS:

   EXHIBIT A
   FREEWAY FRONTAGE ROAD DESIGNATED STREETS
 
         Election Road
(Ord. 963, 2-15-2011)
 
 
(Ord. 1237, 12-20-2016)
 
Pony Express Road and Minuteman Drive
North of Bangerter Highway
(Ord. 968, 5-3-2011)
 
(Ord. 963, 2-15-2011)
 
 
(Ord. 1237, 12-20-2016)
   EXHIBIT B
   FREEWAY FRONTAGE ROAD DESIGNATED DEVELOPMENT AREAS
 
(Ord. 963, 2-15-2011)
 
         Bartenger Highway - I-15 Interchange Area
            13490 South to 13800 South
 
   FREEWAY FRONTAGE DESIGNATED DEVELOPMENT AREAS
 
(Ord. 1338, 9-4-2018; amd. Ord. 1568, 11-15-2022)