The purpose of the sign regulations set forth in this chapter is intended to:

1. Eliminate potential hazards to motorists and pedestrians by requiring that signs are designed, constructed, installed and maintained in a manner that promotes the public health, safety and general welfare of the citizens of the city of Hildale;
2. Encourage signs which, by their design, are integrated with and harmonious to the buildings and sites, including landscaping, which they occupy;
3. Encourage sign legibility through the elimination of excessive and confusing sign displays;
4. Preserve the appearance of the city as a place in which to live and to work, and create an attraction to nonresidents to come to visit or trade;
5. Allow each individual business to clearly identify itself and the nature of its business in such a manner as to become the hallmark of the business which will create a distinctive appearance and also enhance the city character;
6. Safeguard and enhance property values, and protect public and private investment in buildings and open space.

The following words and phrases whenever used in this chapter shall be construed as defined in this section:

A-FRAME SIGN: Any sign or structure composed of two (2) sign faces mounted or attached back to back in such a manner as to form a basically triangular vertical cross section through the faces.

ANIMATED SIGN: Any sign which is designed and constructed to give its message through the flashing of or rotation of lights or figures.

BANNER: A flexible sign characteristically supported by two (2) or more points. It is generally made of fabric or other non-rigid materials with no enclosing frame.

BILLBOARD: A freestanding ground sign located on real property that is designed and intended to direct attention to a business, product, service or message that is not sold, offered or existing on the property, nor specific to the property where the property sign is located.

BUILDING FACE: The visible outer surface of an exterior wall of a building. The area of the face of the building shall be the total area of such surface, including doors and windows.

CANOPY: See definition of Marquee.

DISREPAIR: A sign shall be considered in disrepair when it fails to be in the same form as originally constructed, or when it fails to perform its intended function of conveying a message.

Conditions shall include, but not be limited to:

1. Structural pole or support failure.
2. Signs not being held vertically or as originally constructed.
3. Borders falling off or already removed.
4. Panels missing or falling off.
5. Message falling off or in disrepair such that it cannot be interpreted by the motoring public.
6. Signs that are overgrown by trees or other vegetation.

ELECTRONIC MESSAGE CENTER: A sign with changeable copy that is controlled electronically via a remote programming device.

ENTRY FEATURE SIGN: A sign that is placed at the entrance of a subdivision or other residential or commercial project as part of a distinct architectural or landscape feature that identifies the project and displays the project name.

ERECT: To build, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post or display. Normal maintenance, including refinishing, is not included in this definition, provided the use of the sign is not changed or altered.

FLOATING SIGN: Any inflatable or floating sign or advertising device that is affixed to or displayed at a place of business. Examples are blimps, hot air balloons, and inflatable figures.

FREESTANDING SIGN: Any sign that is standing on or erected into the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts or similar uprights, with or without braces. Any sign which is mounted into the ground, but has the supports to any portion of the roof of a building or structure, shall be considered to be a roof sign.

FRONTAGE: The length of the sides along the street or any other principal public thoroughfare, but not including such length along an alley, watercourse, railroad, street or thoroughfare with no permitted access.

LOGO SIGNS: Any sign whose single feature is a reproduction of the common recognized logo of the company and/or product.

MARQUEE: Any permanent rooflike structure projection beyond a building or wall, generally designed and constructed to provide protection from the weather.

MONUMENT SIGN: Any on premises sign which is mounted directly to the ground having a foundation or pedestal that is at least sixty percent (60%) of the width of the actual sign structure and meeting the standards for height set for monument signs.

MOVABLE, FREESTANDING SIGN: Any sign not affixed to or erected into the ground.

OFF PREMISES SIGN: Any sign which advertises products, development projects, services, or business establishments which are not located, conducted, manufactured or sold upon the same premises upon which the sign is erected.

ON PREMISES SIGN: Any sign which advertises products, services, development projects, or business establishments which are located, conducted, manufactured or sold upon the same premises on which the sign is erected. "On premises" may include separate parcels that are contiguous to the premises where projects, services, development projects or business establishments are located and owned by the same person or legal entity. Only one sign is permitted on a contiguous parcel.

OUTDOOR ADVERTISING SIGN: See definition of On Premises Sign.

PROJECTING SIGN: Any sign attached to a building or structural wall and extending horizontally outward from such wall more than eighteen inches (18").

PUBLIC EVENT BANNER: A banner pertaining to festivals or events which is installed as a temporary sign. Installation of banners across SR-59 is generally not permitted without special permission of the Hildale City council.

PUBLIC INFORMATION SIGN: Signs presenting travel information and signs concerning historic and scenic sites, public recreation facilities, miscellaneous instructions and warnings.

READER BOARD: A sign with manually changeable copy such as gas station prices, school events, etc.

REAL PROPERTY: Land or real estate, with or without structures; not goods or services.

RESIDENTIAL ZONE OR DISTRICT: Any zone which is designated by the prefix "R" in this chapter.

ROOF SIGN: Any sign which is erected upon or over the roof or over a parapet of any building or structure.

SCENIC BYWAY: A road that possesses outstanding scenic, recreational, historical, educational, scientific or cultural values or features. The designation can be made by federal or state agencies.

SIGN: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, devices, designs, pictures, trade names or trademarks by which anything is made known, such as are used to designate a firm, association, corporation, profession, business or service, whether placed on the ground, rocks, trees, stumps, or other natural objects, or on a building, wall, roof, frame, support, fence or other manmade structure, which are visible from any public street, public highway or public road right of way. For the purpose of this chapter, the word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of a nonprofit organization. It shall not include, further, any official notice issued by any court, public body or officer, or directional, warning or informational sign or structure required or authorized by law.

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 double faced sign covering the same subject shall be computed. For signs that do not have a frame or a separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display on one face. An electronic message center will be included in calculation of overall sign area.

TEMPORARY: A period not to exceed six (6) months.

TIME AND TEMPERATURE DEVICE: Any mechanism that displays the time and/or temperature, but does not display any commercial advertising or identification.

WALL SIGNS: Any sign posted, or painted upon, suspended from, or otherwise affixed to a wall, fascia, canopy, or marquee of a building located on the site to which the sign pertains.

WIND SIGN: Any propeller, whirligig or similar commercial device which is designed to flutter, rotate or display other movement under the influence of wind. This definition shall not include pennants, flags or banners.

The following general requirements shall apply to all signs and outdoor advertising structures which may be erected or maintained within the city:

1. Sign Approval:
   Except as otherwise provided, it shall be illegal to erect or maintain any sign or outdoor advertising structure in the city without first obtaining the approval of the city for said sign or advertising structure, the granting of which shall be based upon the provisions of this chapter. Approval shall not be required for temporary non-electrical wall and non-electrical freestanding signs of less than six (6) square feet in area.
2. Permits:
   The approval of the city shall be evidenced by a permit issued by the zoning administrator in accordance with the provisions of section 152-7-15, "Sign Permit", of this chapter.
3. Animated Signs:
   No strobing, flashing, or rotating signs are permitted.
4. Sound Or Emissions:
   No sign shall be designed for the purpose of emitting sound, smoke, or steam.
5. Movable And Temporary Freestanding Signs:
   Except as otherwise provided in this chapter, all off premises, movable and temporary freestanding signs, including, but not limited to, movable, freestanding, A-frame signs, are prohibited. This prohibition shall include signs mounted or painted upon vehicles or trailers which are parked in any location for the purpose of calling attention to or advertising a person, place or thing. "Temporary" shall be construed to mean a period not to exceed thirty (30) days. Movable A-frame signs displaying a menu or special message in front of a place of business to be displayed during open hours of the business may be approved subject to a maximum size of thirty inches by thirty six inches (30" x 36"). Such signs require a permit and must be stored inside the place of business outside of regular business hours and may not obstruct the flow of pedestrian traffic on the sidewalk or be placed on the street.
6. Off Premises Billboard Signs And Off Premises Outdoor Advertising Structures:
   Off premises billboard signs and off premises outdoor advertising structures are not permitted in any location within the city of Hildale.
7. Roof Signs:
   Roof signs may be permitted upon approval of a design which hides all supporting members. Roof sign area will be included in the total allowed wall sign area for the wall over which the roof sign is erected. Roof signs are not permitted by right.
8. Canopy Signs:
   Signs painted on or affixed to canopies which are part of the building shall be considered part of the total allowed area of wall signs for the wall from which the canopy projects. Signs painted on or affixed to canopies which are freestanding shall be considered part of the total allowable area of freestanding signs for that use. Signs suspended under canopies (marquees) which project over public rights of way shall be limited to six (6) square feet. Signs with changeable copy (reader boards) located on marquees of theaters or similar public assembly uses may combine the total allowable area for all building faces as permitted by the city so long as there are no wall signs placed upon building faces other than the face to which the marquee is attached.
9. Banner Signs: Banner signs will be permitted under the following conditions:
   1. Sign must be mounted or displayed on the face of a building or affixed to supporting poles or on a permanent fence in such a manner as to prevent displacement by wind or other cause. Location of banner sign must be such that safe sight distances are maintained for pedestrian and vehicular traffic.
   2. Sign may not be larger than one hundred (100) square feet.
   3. For grand opening promotions, banner signs may be displayed for sixty (60) consecutive days (only 1 such display per business location).
   4. For new businesses without permanent signs, a banner sign may be permitted for up to six (6) months. One 6-month extension may be granted by the planning commission.
   5. For bankruptcy or going out of business promotions, banner signs may be displayed for sixty (60) consecutive days (only 1 such display per business license).
   6. For all other sales and events, banner signs may be displayed for a maximum of thirty (30) days per quarter (a 3 month period).
   7. Banner signs which become tattered, worn, or in a state of disrepair must be immediately removed, regardless of time limits. However, a replacement banner sign with the same message may be erected for the remainder of the time limit.
10. Floating Signs:
    Such signs may be permitted as a temporary use for special events, sales, or similar occasions for a time period not exceeding twenty one (21) days. One such twenty one (21) day period may be approved in each three (3) month period.
11. Illumination:
    Lighting fixtures used to illuminate any sign shall be mounted on the top of the sign structure and shielded to prevent the emission of light beyond the sign.
12. Location:
    No sign shall be constructed or erected in such a location or manner that it obstructs or unreasonably interferes with an existing sign.

It is unlawful to erect or maintain a sign contrary to the provisions of this chapter. If a sign is erected or maintained in violation of this chapter, it shall be deemed a class C misdemeanor and upon conviction, subject to penalty as provided in section 4-2 of this code. In addition to the remedies and enforcement procedures outlined in chapter 9 of this chapter, the city may invoke the following remedies:

1. 1. Order the defect corrected within a period of time, not exceeding sixty (60) days from the date of notice or the time established by an agreement signed by the zoning administrator, if correction of the defect will bring the subject sign into compliance with the provisions of this chapter; or
   2. If the defect cannot be corrected without resulting in a violation of the provisions of this chapter, order that the subject sign be removed by and at the expense of the owner of the sign, within a period of time not exceeding thirty (30) days from the date of notice.
2. It is unlawful to erect or maintain a sign contrary to the provisions of this chapter. If a sign is erected or maintained in violation of this chapter, the city may do the following:
   1. Order the defect corrected within a fixed period of time, not exceeding thirty (30) days, if correction of the defect will bring the subject sign into compliance with the provisions of this chapter; but
   2. If correction of the defect will result in a violation of the provisions of this chapter, order that the subject sign be removed by and at the expense of the owner of the sign, within a fixed period of time not exceeding thirty (30) days.
3. If the owner of the sign contests the order of the city, the remedy shall be an appeal in accordance with the provisions of section 152-7-19 of this chapter.
4. If the owner of the sign fails or refuses to remove the subject sign at the order of the city, the city may remove the sign at any time after the owner thereof exhausts his or her administrative remedies in relation thereto, unless otherwise ordered by a court of law. Removal by the city shall be at the expense of the owner, and the city may obtain judgment against the owner in an amount equal thereto, together with reasonable attorney fees and costs.

This chapter shall have no application to signs used exclusively for:

1. The display of official notices used by any court or public body or official, or the posting of notices by any public officer in the performance of a duty, or by any person giving legal notice.
2. Directional, warning, or informational signs of a public or semipublic nature, erected and maintained by an official body or public utility.
3. Any sign of a noncommercial nature when used to protect the health, safety, or welfare of the general public.
4. Any official flag, pennant or insignia of any nation, state, city or other political unit.
5. Time and temperature signs and elements of commercial signs which convey only time, temperature, or weather conditions.

All signs and outdoor advertising structures shall comply with the following location requirements:

1. Not Obstruct, Interfere:
   No sign shall be erected in such a manner that any portion of the sign or its support will interfere with the use of any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator or window. No sign or its support shall create a visual obstruction and shall be erected to comply with the supplemental development standards in subsection 152-37-9E of this chapter.
2. Sight Triangle:
   No freestanding or projecting sign shall be erected at any intersection improved for vehicular traffic within a triangular area formed by the property lines and their projections and a line connecting them at points twenty five feet (25') from the intersections of the projecting property lines; unless same in its entirety is less than three feet (3'), or more than eight feet (8') above the curb grade, no part of its means of support has a single or joined horizontal dimension exceeding twelve inches (12"), or said sign is within an area in which a building or structure is permitted by the provisions of the respective zone.
3. Utility Clearance:
   No sign shall be erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof or by electrical utility providers. No signs shall be erected or maintained on any utility pole except by the utility company itself.
4. Clearance; Public, Private Ways:
   No sign shall be erected in such a manner that any portion of the sign or its support will extend over a public or private walkway with a minimum clearance of less than ten feet (10').

1. Monument signs are encouraged in all planned commercial zones and commercial zones located along the commercial corridor of SR-59.
2. Monument signs are required in all other zones including planned developments, project entrances, historical zones, and park, church, and school sites.
3. Wall signs shall be so placed as to utilize existing architectural features of a building without obscuring them. Wall signs shall be oriented toward pedestrians or vehicles within close proximity to the sign. The area of wall sign shall be no greater than twenty percent (20%) of the total square footage of the wall where it is located. Marquee, canopy, and roof signs shall be considered part of the twenty percent (20%) area limit.
   
   No part of any such sign shall extend above the top level of the wall upon, or in front of, which it is located.
   
   No such sign, including any light box or structural part, shall project more than eighteen inches (18") from the face of the part of the building to which it is attached. No copy is permitted on the sides of any such sign.
4. Freestanding signs: There may be one such sign for each two hundred feet (200') of frontage of the property, plus one additional sign for each additional two hundred foot (200') frontage. In the case of a parcel of property having multiple occupancies with a common frontage, the frontage shall be deemed to be that of the entire commonly used parcel of property and not the frontage of individual businesses or occupancies.
   
   Such signs shall not exceed thirty five feet (35') in height.
   
   No such sign shall project more than fifteen feet (15') into any required front yard.
5. New buildings or clusters of buildings having more than one tenant or use shall provide a sign plan for the entire structure or project. The sign plan must be designated so that it establishes a common theme or design, uses similar construction methods, has compatible colors, lettering, lettering styles, scale, symbols, and size of signs and backgrounds. Only one freestanding sign may be allowed, if permitted by this chapter, for clusters of buildings. Individual businesses may be identified on the same sign. The planning commission may approve a sign in excess of the maximum size permitted by this chapter when considering the overall sign plan.
6. Signs which become tattered, worn, or in a state of disrepair must be removed if not repaired within twenty one (21) days of written notice by city to sign owner.

In addition to any other permitted signs, signs for special purposes set forth in this section shall be permitted as provided herein:

1. For Sale, Rent Or Lease Signs:
   In all zoning districts, signs may be erected to advertise the sale, rent or lease of property upon which said signs are placed. Said signs shall be limited to one sign per street face, unless otherwise provided by the zoning provisions, and shall not exceed an area of six (6) square feet in residential zones or twenty five (25) square feet in nonresidential zoning districts. Said signs shall be exempt from project plan approval.
2. Directory Signs:
   In all districts where group occupancies in office buildings, commercial buildings, or industrial buildings are permitted, directory signs may be erected displaying the names of occupants of a building who are engaged in a particular profession, business or industrial pursuit. Said sign shall be situated at least fifteen feet (15') inside the property line and shall not exceed twelve feet (12') in height. Said sign shall not exceed an area of one hundred (100) square feet and shall not be placed within a clear vision area of a corner lot as set forth in section 152-37-9 of this chapter.
3. Construction Project Signs:
   Signs may be erected in conjunction with construction projects and used for the purpose of publicizing the future occupants of the building, architects, engineers and construction organizations participating in the project; and such other information as may be approved by the zoning administrator. In residential districts, no such sign shall exceed one hundred (100) square feet in area. In other districts, no such sign shall exceed an area of two hundred (200) square feet, and no freestanding sign shall exceed twelve feet (12') in height. All such signs shall be removed before final inspection.
4. Directional Signs:
   Directional signs may be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into private property. If a directional sign is not located on the property or properties to which it pertains, it may not be located on another property that contains more than one other directional sign. Consent of the other property owner, lessee, or occupant is required. No such sign shall exceed sixteen (16) square feet.
5. Open House Signs:
   Open house signs advertising real estate open for inspection for a prospective sale may be placed on private property in all districts with the consent of the owner, lessee or occupant. Such signs may state the name of the person or firm sponsoring the open house. Such signs shall not exceed six (6) square feet. No more than two (2) such signs may be placed on any one parcel of private property at the same time.
6. Church, Quasi-Public Organizations And Apartment House Identification Signs:
   In all districts, a church or quasi-public organization may erect one wall sign on the premises to identify the name of the organization and announce activities thereof. Apartment houses of five (5) or more dwelling units may erect one wall sign on the premises to identify only the name of the apartment complex and to indicate a vacancy. Said wall sign shall not exceed an area of thirty two (32) square feet, and may be mounted upon a freestanding, ornamental structure if approved by the zoning administrator.
7. Bus Bench Signs:
   In all zones, bus bench signs are prohibited.
8. Development Promotional And Directional Signs:
   Two (2) development promotional signs facing different directions may be placed on the premises of each subdivision, planned development, or condominium project having five (5) or more lots or approved dwelling units. Said promotional sign may have an area of sixty four (64) square feet. Two (2) additional promotional signs facing different directions may be placed on the premises of each subdivision, planned development or condominium project having two (2) or more separate, major points of access at each major access point. All of the above signs shall be removed not later than thirty (30) days following the sale of all lots in said development.
9. Yard/Garage Sale Signs:
   Such signs may be posted only for those sales conducted in compliance with subsection 152-48-3C of this chapter.
10. Entry Feature Sign:
    Such signs may be constructed at entrances of residential or commercial projects subject to all the safety and visibility provisions of this chapter.

Every sign erected or proposed to be erected within the city shall be classified in accordance with the definitions of signs contained in this chapter. Any sign which does not clearly fall within one of the classifications shall be placed in the classification which the sign, in view of its design, location and purpose, most clearly approximates by the zoning administrator.

No sign shall be erected in any agricultural or any residential zones or for noncommercial uses except that certain special purpose signs may be erected in all zones in compliance with the provisions of section 152-36-6 of this chapter.

For those zoning districts which do not have sign regulations as a part of the zone provisions, and for those which are not readily placed into classifications referred to in preceding sections, the planning commission shall classify said zones as either: residential (R), agricultural (A), commercial (C), or industrial (I) zones, depending upon the similarity of the characteristics and permitted uses of said zone to those already classified. When such a classification has been made by the city, the sign provisions applying to the respective classification shall apply to said zones.

1. Prohibition Of New Off Premises Signs:
   Except for off premises public information and logo signs meeting the size, shape, color and other requirements described in subsection B2 of this section, no permits shall be issued for the construction of off premises signs or outdoor advertising structures. All lawfully existing off premises signs and outdoor advertising structures as of the adoption of this chapter are declared non-conforming uses in all zones of the city.
2. Public Information And Logo Signs:
   1. Off premises public information signs are permitted pursuant to this section for the purpose of directing the traveling public to points of interest, historical sites and other locations of interest, approved as such by the city. Specifications for off premises information signs are as set forth in the "Manual Of Uniform Traffic Control Devices For Streets And Highways" and all such signs shall comply with those specifications.
   2. Off premises "logo" signs are permitted under this section for the purpose of directing the traveling and general public to business establishments which provide lodging, food, camping, gas or other services. Identified by the Utah Department of Transportation as the "logo sign program", these signs shall comply with the following regulations: In constructing and maintaining a logo sign program of signs, the owner and installation contractor shall comply with and adhere to all applicable state and federal laws and regulations, and to UDOT policy and procedure.
3. City May Amortize:
   The city may acquire title to off premises non-conforming signs or outdoor advertising structures by gift, purchase, agreement, exchange or eminent domain, and shall have the right to amortize off premises non-conforming signs as permitted by state or federal law.

1. On Premises Signs:
   All on premises or appurtenant signs which have been made non-conforming by the adoption of provisions contained within this chapter shall be subject to the following regulations:
   1. Unsafe Signs:
      Any sign or portion thereof declared unsafe by a proper public authority must be restored to a safe condition or removed within thirty (30) days of mailing or otherwise given notice of the unsafe condition.
   2. Alterations:
      A non-conforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged or other alteration made unless said sign is changed so as to conform to all provisions of this chapter. "Alterations" shall also mean that changing of the text or message on the sign from one use of the premises to another use of the premises and the changing of the ownership of the sign when that ownership necessitates a change in the text or message of the sign. "Alterations" shall not be interpreted to include changing the text or copy on off premises advertising signs, theater signs, outdoor bulletins or other similar signs which are designed to accommodate changeable copy.
   3. Restoration:
      non-conforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, act of God, act of a public enemy, or damaged by any other cause, to the extent of more than sixty percent (60%) of its assessed value shall, if repaired or rebuilt, be repaired or rebuilt in conformity with the regulations of this chapter or shall be removed.
2. Off Premises Signs:
   All off premises signs which are made non-conforming uses by the provisions of this chapter shall be subject to the provisions of 152-9a-511, 512, and 513 of the Utah Code or subsequent amendments.

TABLE 152-36-1