A. This Chapter, Chapter 18.104, shall regulate all signs located in Heber City B. This chapter provides standards for signage in terms of compatibility with surroundings and promotion of functional and attractive streetscapes. C. These regulations are composed to reinforce the character of Heber City, which is defined as a rural community in a setting where views are highly valued, expansive open space is preserved, the historical heritage is a theme, and high-tech lighted signs and extra tall pole signs are contrary to that character. D. The regulations contained herein are declared to be the maximum allowable for the purposes set forth. If the Planning Director determines that an application needs further interpretation, he/she may request planning commission review of a proposal. Any sign type not listed is not allowed. E. All permanent signs shall be processed as permitted uses. All temporary signs do not require any permits. Building permits are required for all permanent signs except painted wall signs. Face changes on permanent signs for maintenance or updating purposes do not require permits.

A. Materials: All signs must be constructed out of high quality, durable, weather resistant, permanent materials. Exceptions: temporary signs (see temporary signs described in this section).

B. Sign Types: Wall signs shall be the primary form of identification for a building or business.

C. Overall Composition: Signs within a small development grouping (a courtyard or short promenade) and a large building group (such as student residences) shall be constructed with complementary styles and methods of construction (i.e., single pan channel letters, awnings, blade signs, etc.) along a combined building frontage.

D. General Location:

1. Low profile/monument: All signs not attached to a building shall be a minimum horizontal distance of three feet (3') from the public right of way. All freestanding signs shall be at least their height in distance from an adjoining side property line. 2. Vertical Separation and Sight Lines: All exterior building attached signs shall be a minimum vertical distance of eight feet (8') from grade to their lowest point. Signs which exceed three feet (3') in height from grade may not be placed within the sixty foot (60') "sight-line" triangle of motorists, defined as the intersection of two streets. For the intersection of a commercial driveway with a street, the clear view triangle is reduced to 30’. (Sight line: Measured by intersecting lines parallel to the front of curb; finding the intersecting point; measuring back 60 feet in each direction and completing the triangle from those measurements).

E. Interpretation: If there is a question of interpretation within the sign portion of this code, the Planning Director may interpret. If the applicant believes the Director's interpretation is in error, the applicant may request an appeal to the Appeal Authority.

F. Supports/Poles: All supporting objects, poles, and any other means of attaching a sign anywhere (wall, earth, facade, etc.) shall be minimized or concealed so it is not visible, unless otherwise noted, and shall incorporate colors, materials, and/or architectural features of its related building.

G. Maintenance: Every sign shall be kept attractive and in complete operating condition. The required landscape area for freestanding signs shall be kept free from weeds, garbage and debris, and shall be maintained with a mix of evergreen and deciduous shrubs, as well as flowers. Maintenance includes the repair of facades, poles, and sign faces where signs have been removed or damage has occurred; and the painting, rust removal, cleaning and repairing of a sign. Maintenance does not include structural alterations, cosmetic or style changes, enlargements or face changes. Unsafe signs shall be repaired or removed.

H. 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 down, caution, danger, warning, etc. A sign or advertising structure shall not be erected which by reason of size, location, shape, content, coloring or manner of illumination might be confused as a traffic control device. No sign shall have lighting which impairs the vision of anyone traveling upon a public street, or distracts a driver so as to create a public nuisance or endangerment.

I. Lighting: All sign lighting shall be downward directed and shielded to support the City’s dark sky goals.

1. External Illumination. The external illumination of signs shall utilize lighting fixtures that comply with the following:

a. Fixtures shall be full cutoff and fully shielded. b. Fixtures shall not permit light above a 90 degree angle perpendicular to the ground. c. Fixtures shall be counted toward the allowed lumens outlined in Section 18.78.040.

2. Internal Illumination. The internal illumination of signs shall meet the following standards:

a. Internal illumination is only permitted for the following signs:

i. Channel letter and logo signs ii. Cutout signs

b. The lighting element shall not be visible. Damaged signs exposing the lighting element shall be promptly repaired. The sign lighting shall be turned off until the sign can be repaired.

3. Backlit Illumination.

a. The lighting element shall not be visible.

J. Properties with insufficient widths to meet the sign frontage standards identified in the following sections, shall be entitled to one shopfront/wall sign (15% of the front façade).

K. Prohibited Signs and Conditions. The following signs are prohibited unless expressly permitted elsewhere in this code:

1. Wind, hot or cold air balloons, inflatables, flashing or blinking signs, chaser lights, laser beams, animated signs, and any signs that move or include moving parts. 2. Statuary/Sculpture used for signage (not including artistic statuary). Statuary/Sculpture of extremely high quality and material may be approved by the Planning Director if it reflects the rural, historical, or mountain themes of the community. 3. Billboard/off premise signs are prohibited. 4. Signs within the public right of way, except, public necessity signs, community banners located on approved streetlights, and one A frame sign per business located directly in front of the business in commercial districts on Main Street between 600 N and 600 S, or 600 West between 100 North and 300 South and NVOZ Village Centers. 5. Signs projecting above the roof eave or cornice, roof signs and temporary signs (that are not listed in this code). 6. No sign, except awning signs, shall extend over to interface with a pedestrian or vehicular access area; interfere with a fire escape, exit, stairway, door ventilator or window; be located within a power line easement without the power company’s approval. 7. Neon lighting or neon signage shall not be employed so as to accentuate the outline of a building. 8. Digital signs, Electronic message centers, animated signs, flashing signs, except signs displaying gas prices (number messages only) 9. Banners, A-frame signs, except as may be expressly permitted elsewhere in this code and movable or portable signs, snipe signs. 10. Signs shall be located to not obscure key architectural details of the building or its’ setting. 11. Murals that contain advertising messages. 12. Pole signs are prohibited

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A. Moving, Extensions Or Alterations: A nonconforming sign shall not be reconstructed, raised, moved, replaced, extended, altered, or enlarged unless the sign is changed so as to conform to all provisions of this chapter. A nonconforming sign may be temporarily removed for routine maintenance and reinstalled in the same location and manner. When a change of use occurs, the new use shall extinguish the non-conforming nature of the existing sign and construct a conforming sign. Alterations shall also include the changing of the text or message of the sign as a result of a change in use of the property. Alterations shall not be interpreted to include changing the text or copy on multi-tenant, theater signs, or other similar signs which are designed to accommodate changeable copy. Specific modifications may be permitted to nonconforming signs designated as historic signs (50 years or older and having cultural and architectural design significance) as per review and approval by the City Council.

B. Unsafe Signs: If an unsafe or dangerous sign is not repaired or made safe within five (5) working days after the building official or code enforcement officer gives notice pursuant to section C, the building inspector may abate and remove the sign, and the person having charge, control or benefit of any such sign shall pay to the city the costs incurred in such removal within thirty (30) calendar days after written notice is mailed to such person.

C. Non-maintained, Unsafe, Or Abandoned Signs: The building official or code enforcement officer may require each non-maintained, unsafe, or abandoned sign to be removed from the building or premises when such sign has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure within thirty (30) calendar days after notice of non-maintenance or abandonment is given to the owner, person having control or person receiving the benefit of such structure.

D. Illegal Signs: If an illegal sign is not brought into compliance with the provisions of these sign regulations within thirty (30) working days after the building official or code enforcement officer gives notice pursuant to subsection C of this section, the building inspector and/or code enforcement officer may abate and remove the sign, and the owner, person having charge, control or benefit of any such sign shall pay to the city the costs incurred in such removal within thirty (30) calendar days after written notice is mailed to such person.

E. Restoration Conditions: Nonconforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, act of God or damaged by any other cause, to the extent of more than sixty percent (60%) of their replacement value shall, if repaired or rebuilt, be repaired or rebuilt in conformity with the regulations of this chapter, or shall be removed.

A. Sign. Every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface, or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interests of any person, entity, product, or service. The definition of sign shall also include the sign structure, supports, lighting system, and any attachments, ornaments or other features used to draw the attention of observers. This definition does not include any flag, badge, or insignia of any government or governmental agency erected for and used to identify said government or governmental agency.

B. Sign, A-Frame. Any portable sign, structure, or configuration composed of 1 or 2 sign faces mounted or attached back-to-back in such a manner as to form a basically triangular vertical cross-section.

C. Sign, Abandoned. A sign which no longer correctly directs or influences any person, advertises a bona fide business, lessor, owner, product or activity conducted or available on the premises where such sign is displayed.

D. Sign, Animated. A sign which involves motion or rotation of any part by mechanical or artificial means or displays flashing or intermittent lights.

E. Sign Area. The area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back-to-back or double face sign covering the same object shall be computed when the signs are parallel or diverge from a common edge by an angle of not more than forty-five degrees. In relation to signs that do not have a frame or a separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display, with posted copy.

F. Sign, Awning. An awning having copy or logo, or which is back-lit or externally illuminated or a non-illuminated which does not have an architecturally compatible color and design with the structure.

G. Sign, Off Premise/Billboard. An advertising sign which directs attention to a business, product, commodity, or services not related to the premises on which it is erected, and which is designed and constructed for the display of a temporary and changeable face advertising such business, product, commodity, or service, for which a sign permit is not required for the face change of the sign.

H. Sign, Changeable Copy. A sign on which the copy is changed manually such as a reader board with changeable letters, and electrically controlled time and temperature signs. It does not include poster panels or painted signs.

I. Sign, Cutout. A sign with an opaque cabinet face and semi-opaque lettering, permitting only the lettering to be illuminated.

J. Sign, Digital. A sign where the content of the sign is projected through the use of electronic devices or technology. Such signs include, but are not limited to, electronic message centers, LED, LCD, or Plasma screens, and projectors.

K. Sign, Festive Flag Banner. A flag or banner constructed of cloth, canvas or light fabric that is hung from a light pole. The flag/banner shall contain no advertising except for cultural events; i.e., Wasatch County Fair Days, special holidays/seasons, etc.

L. Sign, Flashing. A sign or parts thereof which is intermittently on and off or which revolves in such a manner to create the illusion of being on and off, with the exclusion of time and temperature signs.

M. Sign, Flat. A sign erected parallel to and attached to the outside wall of a building and extending out not more than eighteen inches from such wall with messages or copy on the face side only.

N. Sign, Floodlighted. A sign made legible in the absence of daylight by devices which reflect or project light upon it from a downward angle.

O. Sign, Free-Standing (or Pole Sign). A sign supported by a fixed permanent form(s) or support(s) in the ground.

P. Sign, Monument Sign/Low Profile. A low sign where the extent of the sign surface is attached to the ground or a foundation in the ground, and where there are no poles, braces, or other visible means of support other than attachment to the ground. Includes neighborhood identification signs provided for new subdivisions and for existing areas with known neighborhood identity.

Q. Sign, Guide and Directional. Signs containing directional information about public places owned or operated by Federal, State, or local governments or their agencies; public or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural beauty or naturally suited to outdoor recreation. Directional signs may also be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into private property, and shall be located on the properties on which they pertain. No such sign is to be used for advertising purposes and shall not exceed 6 square feet in area.

R. Sign, Home Occupation. An unlit sign identifying a home occupation legally existing on the premises.

S. Sign, Illuminated. A sign which has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes as part of the sign proper.

T. Sign, Interior. A sign located within a building so as to be visible only from within the building in which the sign is located.

U. Sign, Marquee or Canopy. A sign attached to or constructed in or on a canopy or marquee and as defined separately in this chapter.

V. Sign, Menu Board. A sign that is used to advertise the product available at a fast food restaurant.

W. Sign, Movable (or Portable). A sign excluding real estate signs constructed so as to allow the sign to be moved on vehicles or transported by hand.

X. Sign, Name Plate. A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises, or indicating a home occupation legally existing on the premises.

Y. Sign, Nonconforming. A sign or sign structure of portion thereof lawfully existing at the time this Code became effective, which does not conform to all regulations prescribed in the district in which it is located.

Z. Post and stake signs: Signs mounted to posts, poles, or stakes, and in any way attached to the ground.

AA. Sign, On-Premise. A sign which directs attention to a business, commodity, product, use, service or other activity which is sold, offered or conducted on the premises upon which the sign is located.

BB. Sign, Projecting. A sign attached to a building and extending in whole or in part more than eighteen inches beyond any wall of the building.

CC. Sign, Property. A temporary sign related to the property on which is located advertising contemplated improvements or announcing the name of the builder, owner, designer, or developer of the project, or warning against trespassing.

DD. Sign, Public Necessity or Hazard. A sign informing the public of any danger or hazard existing on or adjacent to the premises.

EE. Sign, Real Estate. A temporary sign related to the property on which it is located and offering such property for sale or lease.

FF. Sign, Roof. A sign erected partly or wholly free-standing on or over the roof of a building.

GG. Sign, Service. A sign which is incidental to a use lawfully occupying the property upon which the sign is located and which sign is necessary to provide information to the public, such as direction to parking lots or location of restrooms.

HH. Sign, Snipe. A sign for which a permit is required and has not been obtained and which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, or fences, or other objects with the message appearing thereon.

II. Sign, Structure. The supports, uprights, bracing, cables and framework of a sign or outdoor display.

JJ. Sign, Temporary. A banner, pennant, valance or advertising display constructed of paper, cloth, canvas, fabric, cardboard, wall board or other materials, with or without frames, intended to be displayed in or out of doors for a short period of time; shall include political signs, special events signs, special business promotions or movable signs.

KK. Sign, Wall. A sign that is either painted on a building wall or it’s facing, or is painted in such a way that it gives the visual appearance of being painted on a wall or facing by not having a frame or separation from the wall or facing.

LL. Sign, Wind. Any propeller or similar commercial device which is designed to flutter, rotate, or display other movement under the influence of the wind, not including pennants, flags or banners.

MM. Sign, Window. A sign either attached to a window or door or located within a building so as to be visible through a window or door from outside of the building.

NN. Marquee. A permanent roofed structure over the entrance to a building often bearing an advertising sign. This structure is designed to meet all provisions of the current Building Code and other specifications as outlined in this Code. Where specifications in this Code and the Building Code as adopted by Heber City differ, the more restrictive shall apply.

OO. Community Signs. Temporary, on or off-premise signs, generally made of a woven material or durable synthetic materials primarily attached to or hung in a vertical fashion from light poles or on buildings, of solely a decorative, festive, and/or informative nature announcing activities, promotions, events, seasonal or traditional themes having broad community interest, and which are sponsored or supported by Heber City, or a local community based non-profit organization.

PP. Planned Shopping Center/Commercial complex. A group of three (3) or more architecturally unified commercial establishments built on a site that is planned, developed, owned and managed as an operating unit related in its location, size and type of shops to the trade area that it serves. The unit provides on-site parking in definite relationship to the types and total size of the stores. Thus any number of small single ownership commercial developments would not qualify as a shopping center.

QQ. Sign, Rural Iconic. A uniquely designed sign that reinforces the rural theme of Heber and does not conform to conventional sign designs.