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Kearns City Zoning Code

CHAPTER 19

52 SIGNS

19.52.010 Purpose Of Provisions-

This Chapter is provided to achieve the purposes of the General Plan and Kearns Municipal Code, and to achieve the following additional purposes:

  1. To provide for the identification of businesses, sites and buildings, and to promote economic vitality;
  2. To provide a convenient method of public communication without unnecessary clutter;
  3. To eliminate signs and displays that create potential hazards to motorists, pedestrians, or property;
  4. To avoid confusion of allowed signs with required traffic signs and other regulatory and public safety signs;
  5. To minimize any adverse effects of signs and associated lighting on adjacent properties;
  6. To encourage signs that promote equity, diversity, and inclusion, including the provision of multi-lingual signage; and
  7. To ensure compliance with constitutionally protected First Amendment Rights.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.020 Sign Plan Required

  1. When a land use application on a parcel of ground is submitted to Planning and Development Services, the application shall be accompanied by a complete comprehensive sign plan that includes the following:
    1. Name of organization and location;
    2. Contact person;
    3. Address and phone number for contact person;
    4. Description of the activities occurring on the site where the sign will be installed;
    5. Description of any existing signage that will remain on the site;
    6. Identification of the type of sign/signs to be erected by the applicant;
    7. Site plan depicting the locations of proposed signage and existing remaining signage;
    8. Scale drawings of the proposed signage; and
    9. A written description explaining the drawing of the proposed signage, including a detailed description of materials, colors, and letter height, type, and style. A comprehensive sign plan shall also include conceptual renderings of each sign.
  2. The sign plan shall be reviewed by the land use authority under the same process, permitted or conditional, as the land use application.
    1. The Director or designee is the land use authority for all permitted uses, including sign plans associated with a permitted use.
    2. The Planning Commission is the land use authority for all conditional uses, including sign plans associated with a conditional use.
  3. Applicants seeking to add a new sign on a property or enlarge or alter an existing sign are not required to submit a new sign plan, but are required to obtain a sign and building permit as described in Section 19.52.030.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.030 Sign And Building Permit Required

  1. No new or existing sign may be erected, enlarged, re-located, or structurally altered without first obtaining a sign permit, and for any permanent sign, a building permit.
    1. Changes to Sign Face or Copy. Unless an enlargement, relocation, or structural alteration is involved, a permit is not required for a change to sign face or copy.
    2. Requirements for Non-Permanent Signs. A sign permit is required for limited duration signs but is not required for temporary or portable signs.
      1. Nonetheless, temporary and portable signs shall include a signature in indelible ink on the lower right-hand corner, stating:
        1. Contact information for the sign’s owner; and
        2. The date the temporary sign was erected.
  2. A nonconforming sign may not be reconstructed, raised, moved, placed, altered, extended, or enlarged unless the sign is changed so as to conform to all provisions of this Title.
    1. Alterations do not include changing the text or copy of electronic message centers, off-premises advertising signs, or other similar signs which are designed to accommodate changeable copy.
    2. Exception for LED Retrofits. Nonconforming signs that update fluorescent lighting to LED lighting may do so without coming into compliance with other provisions of this Chapter; however, a building permit is required for the retrofit.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.040 Enforcement

  1. Any sign determined to be a hazard to the public health or safety, or determined to be a nuisance because of inadequate maintenance, dilapidation, or be a land use ordinance or Building Code violation shall be remedied and corrected upon written notice by the Director or designee.
    1. Any sign not remedied or corrected within the timeframe specified on the written notice by the Director or designee shall be subject to removal by the Municipality, or subject to other remedies available to the Municipality under the law.
      1. The Director or designee may grant an extension to the specified timeline before removing the sign if good cause exists.
      2. If a sign poses an immediate and significant hazard to public safety, the Director or designee may authorize the immediate removal of such sign.
  2. The municipality or the property owner may confiscate non-permanent signs installed in violation of this Chapter. Neither the municipality nor the property owner is responsible for notifying sign owners of the confiscation of an illegal non-permanent sign.
  3. Where other ordinances conflict with the provisions of this Chapter, the most restrictive ordinance shall apply.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.050 Exempt Signs

The following signs shall be allowed without a sign permit and shall not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations in this section, if any:

  1. Official traffic signs;
  2. Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside and are located greater than three feet (3’) from the window;
  3. Holiday and seasonal decorations, provided that decorations are maintained in attractive condition and do not constitute a fire hazard. Holiday decorations may be erected no sooner than forty-five (45) days before the holiday and shall be removed no later than thirty (30) days after the date of the applicable holiday;
  4. Personal expression signs of any sign type, including flags, provided that they do not exceed six square feet (6 sq. ft.) in area per side and are not illuminated.
  5. Address signs. Up to two (2) signs stating address, number and/or name of occupants of the premises and do not include any commercial advertising or other identification;
    1. Residential districts. Signs not to exceed three square feet (3 sq. ft.) in area.
    2. Non-residential districts. Signs not to exceed five square feet (5 sq. ft.) in area.
  6. Public signs. Signs erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification or directional signs for public facilities;
  7. Signs or emblems of a religious, civil, philanthropic, historical or educational organization that do not exceed four square feet (4 sq. ft.) in area;
  8. Driveway signs. One (1) sign per driveway entrance, not to exceed two square feet (2 sq. ft.) in area;
  9. Security and warning signs. These limitations shall not apply to the posting of conventional “no trespassing” signs in accordance with state law;
    1. Residential Zones. Signs not to exceed two square feet (2 sq.ft.) in area.
    2. Non-residential Zones. Maximum of one (1) large sign per property, not to exceed five square feet (5 sq. ft.) in area. All other posted security and warning signs may not exceed two square feet (2 sq. ft.) in area.
  10. Flags;
    1. Location. Flags and flagpoles shall not be located within any right-of-way.
    2. Number. No more than four (4) flags per lot in residential zones, no more than six (6) flags per lot in all other zones.
    3. Flags up to six square feet (6 sq.ft.) in area are considered personal expression signs and are regulated in accordance with Subsection 19.52.050(E).
  11. Legal notices;
  12. Memorial signs or historical identification signs erected by the Municipality or other State or Federal Agencies, including plaque signs up to three square feet (3 sq. ft.) in area;
  13. Signs which are a permanent architectural feature of a building or structure, existing at the time of adoption of this Ordinance;
  14. Incidental signs, including incidental window signs;
  15. Murals provided that;
    1. The property owner receives written permission from the Council to install the mural or artwork if it will be placed on public property or in the public right-of-way;
    2. The installation contains no electrical or mechanical components or changing images;
    3. The installation does not cause damage to any building or site, especially any historically designated building or site;
    4. The primer and paint used if the mural or artwork is directly painted on a wall shall not be a vapor barrier; moisture shall be allowed to escape through the surface of the mural;
    5. No more than twenty-five percent (25%) of the artwork or mural may contain copy;
    6. The painted artwork or mural is maintained in good condition and repaired in the case of vandalism or accidental destruction; and
    7. The property owner submits an image of, description of, and the location of the finished mural to Planning and Development Services for inclusion in public maps advertising local artwork and points of interest; and
  16. Temporary signs do not require a permit, as described in Section 19.52.030. However, temporary signs shall follow all standards outlined in this Chapter, including those found in Table 19.52.070.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.060 Prohibited Signs

Sign types not specifically allowed or exempt as set forth within this Chapter are prohibited. In addition, the following signs are explicitly prohibited in the municipality:

  1. All signs in violation of any provision of this Ordinance, including all signs erected, enlarged, or structurally altered without receiving the necessary approval(s);
  2. All signs in violation of any requirements or conditions of approval including all temporary signs established for longer than thirty (30) calendar days, or limited duration signs established for more than ninety (90) days;
    1. Established time periods for temporary and limited duration signs may be extended by the Director or designee if the Director or designee finds that a longer duration is needed in order to fulfill the purposes of the temporary or limited duration sign.
  3. Any new off-premise signs 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, including all billboards;
    1. Subject to Utah Code, the municipality may only require termination of an existing billboard in the Municipality and its associated rights through:
      1. Gift;
      2. Purchase;
      3. Agreement;
      4. Exchange; or
      5. Eminent Domain.
  4. Signs that are abandoned, dilapidated, or advertise businesses that no longer carry a business license or exist within the municipality (see Section 19.52.120);
  5. Signs located within a clear view area;
  6. Snipe signs. Signs may only be attached to utility poles in conformance with state and utility regulations and the requirements of this Chapter. Signs attached to any fences, utility poles, trees, shrubs, or other natural objects are prohibited, unless specifically provided for by law including signs regarding no trespassing and no hunting;
  7. Vehicle signs. This regulation does not include the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation;
  8. Mechanical movement signs, including revolving signs;
  9. Pennant strings and streamers;
  10. Animated signs, flashing signs, or signs that scroll or flash text or graphics;
  11. Pole signs;
  12. Inflatable devices or balloon signs, with the exception of balloons used in temporary, non-commercial situations;
  13. Any signs that imitate, resemble, interfere with, or obstruct official traffic or warning lights, signs, devices, or signals;
  14. Signs which prevent free ingress or egress from any door, window, fire escape, or that prevent free access from one part of a roof to any other part. No sign other than a safety sign may be attached to a standpipe or fire escape;
  15. Signs which emit smoke, visible vapors, particulate matter, sound, odor or contain open flames;
  16. Reflective signs or signs containing mirrors;
  17. Signs incorporating beacon or festoon lighting;
  18. Any banner or sign of any type suspended across a public street, without the permission of the owner of the property and road;
  19. Roof signs;
  20. Signs erected without the permission of the property owner, with the exception of those authorized or required by local, state, or federal government; and
  21. Signs that exhibit statements, words, or pictures of obscene or pornographic subjects as defined in Utah Code.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.070 Allowed Signs

  1. The signs listed in Table 19.52.070B are allowed, subject to the specified standards. Additional standards may apply as indicated by superscript in the table, and as articulated following the Table.
  2. Figure 19.52.070 demonstrates types of signs allowed in Kearns and corresponds with the categories in Table 19.52.070B.

    Figure 19.52.070: Allowed Sign Types.
    Credit: MSD Planning and Development Services.

    Table 19.52.070: Allowed Signs and Associated Standards.
    Sign TypeZones
    Permitted
    Location /
    Setback
    DimensionsNumber
    Permitted
    Permanent
    Monument A EAll zones except for Forestry and Recreation (FR) and Mixed-Use Zones.
    Monument signs may not be placed on a single-family residential property, but may be used in common areas to identify a PUD or master-planned community or direct traffic to development amenities.
    In single-family residential zones:
    Shall be set back at least six feet (6') from property lines.

    In all other zones:
    Shall be set back at least two feet (2') from property lines.
    In single-family residential zones:
    Max Height: 6 ft.
    Max Area: 36 sq. ft.

    In multi-family residential zones:

    Max Height: 8 ft.
    Max Area: 64 sq. ft.

    In mixed-use zones and
    commercial zones:
    Max Height: 12 ft.
    Max Area: 100 sq. ft.

    In manufacturing zones:
    Max Height: 20 ft.
    Max Area: 150 sq. ft.

    In all other zones:
    Max Height: 7 ft.
    Max Area: 56 sq. ft.
    In residential zones:
    One (1) sign per street frontage.

    In nonresidential zones:
    One (1) sign per 300 ft. of street frontage.
    Wall or FlatAll ZonesWall or flat signs
    may only be
    permitted in
    association with a licensed business
    conducted on the
    premises and may not be used to identify home
    occupations.
    In commercial zones:
    In total, wall signs may not
    exceed 15% of the wall area.

    In manufacturing zones:
    In total, wall signs may not
    exceed 20% of the wall area.

    In all other zones:
    In total, wall signs may not
    exceed 5% of the wall area.

    No portion of a wall sign may be mounted or painted on less than eight feet (8') above the finished grade or extend out more than twelve inches (12") from the building wall on which it is
    affixed.
     
    Projecting / BladeAll ZonesShall be located on the façade, at least 2 ft. away from a shared wall with an adjoining use or building. No portion of a projecting sign shall project more than 4 ft. from the face of the building; and

    The outermost portion of the projecting sign may project no closer than five feet (5’) from a curbline of a public street.

    The lowest edge of a projecting sign shall be at least eight feet (8') above the finished grade.
    Maximum of 3 projecting / blade signs per use, with no more than one (1) sign per building face.
    Awning CAll Zones

    Shall be centered within or over architectural elements such as windows or doors. Awning signs may only be permitted in association with a licensed business conducted on the premises and may not be used to identify home occupations.

    The lowest edge of the canopy or awning shall be at least eight feet
    (8') above the finished grade;

    The awning or canopy may not project more than six feet (6') from the building;

    A maximum of 25% of the wall
    area may be covered with an awning; and

    A maximum of 50% of the awning may be covered with graphics.
    Maximum of 3 awning signs per use, with no more than 1 awning sign per building face.
    Window EAll ZonesNAIn residential zones:
    The maximum sign area per use
    is 8 sq. ft.

    In all other zones:

    The maximum sign area per use
    is 16 sq. ft.
    Maximum of 3 window signs per use, with no more than 1 window sign per building face.
    MarqueeAll non-
    Residential Zones
    May be located only above the principal public entrance of a building facing a public street or parking lot.The lowest edge of the marquee sign shall be at least 10 ft. above the finished grade;

    The sign may not exceed the width of the entrance it serves, plus 2 ft. on each side thereof; and

    No marquee may extend closer to the curb than 3 ft.
    1 per public entrance
    Non-Permanent
    All non-permanent signs shall be made of durable materials and shall be well maintained. Illumination of
    any non-permanent sign is prohibited.
    Limited DurationAll ZonesIf 2 limited duration signs are allowed, the signs shall have a minimum of 200 ft. spacing between them.In non-residential zones:
    Max Area: 32 sq. ft.
    Max Height: 8 ft.

    In residential zones
    :
    Max Area: 16 sq. ft.
    Max Height: 6 ft.
    1 per parcel of ground, plus 1 additional sign if the parcel exceeds 5 acres or has at least 400 ft. of street frontage.
    PortableMay not be placed in any manner that blocks the flow of pedestrian traffic or otherwise threatens the public health, safety, or welfare.Max Area: 9 sq. ft.
    Max Height: 3 ft.
    1 per business
    Temporary

    In non-residential zones:
    Max Area
    : 32 sq. ft. for banners,
    16 sq. ft. for all other temporary signs
    Max Height: 24 ft. for hanging banner, 6 ft. for freestanding banner, 8 ft. for all other types

    I
    n residential zones:
    Max Area
    : 32 sq. ft. for banners,
    16 sq. ft. for all other temporary signs
    Max Height: 24 ft. for hanging banner, 6 ft. for freestanding banner, 6 ft. for all other types

    Only one banner is allowed per property. For other temporary sign types, 2 signs are allowed per property.
  3. Private property abutting a freeway may have one on-premise sign per eight-hundred feet (800’) of property line along the freeway. Signs shall be located within thirty feet (30’) of the freeway and may not exceed six hundred square feet (600 sq. ft.) in area. The height of such signs shall not exceed sixty feet (60’) above freeway grade.
  4. Any ground-floor awning projecting into the right-of-way must be retractable.
  5. Incidental window signs displaying pertinent business information such as the business’ hours of operation and credit cards accepted, shall be excluded from area calculations for window signs.
  6. Monument signs are prohibited on single-family properties but may be used in common areas to direct entry to a subdivision or identify a clubhouse or other amenity.
  7. Signs in Association with a Drive-Thru Facility. In addition to any other signs permitted in Section 19.52.070, drive-thru facilities are allowed one (1) on-site permanent sign per drive-thru lane, subject to the following requirements:
    1. Setback. The sign shall be located at least twenty feet (20') from any property line.
    2. Proximity to Drive-Thru Lane. The sign may not be located more than five feet (5') from the drive-thru lane.
    3. Height. The maximum sign height is eight feet (8').
    4. Area. The maximum sign area is forty-eight square feet (48 sq. ft.).
    5. Approval Process. All signs in association with a drive-thru facility shall be identified and reviewed as part of an approved sign plan for the drive-thru use.
    6. Signs in association with a drive-thru facility are subject to all other standards of this Chapter.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.080 Standards Of General Applicability

All signs, including those exempt from permitting processes, shall also comply with the following standards:

  1. Size Computation. When more than one use occupies a lot, the frontage may be used to calculate the sign size for one total projecting sign, not for each use. The total may then be divided between the uses.
  2. Height of Monument Signs. The height of monument signs, except as otherwise specified in this Chapter, shall be measured from the grade at the property line of the yard in which the sign is located to the top of the sign.
  3. Imprint of Ownership Required. The imprint of the sign owner and sign erector of all signs shall be in plain and public view.
  4. Change of Copy. Sign text, statement, symbol, picture, graphics, and message may be changed and modified by the owner and do not constitute a structural sign alteration provided such changes do not constitute a public hazard or nuisance and are not of an obscene nature as defined by Utah State Code.
  5. Right-of-Way Clearance. No sign or portion thereof may be permitted within three (3) feet any road or street right-of-way or utility easement and all signs must maintain necessary clearances from underground or overhead power transmission lines, as required by the electrical power provider.
  6. Fire Protection Clearance. No sign or portion thereof may interfere with the use of fire protection appliances, including hydrants, standpipes, automatic fire sprinkler connections, and similar fire protection and suppression equipment. No sign or sign structure shall obstruct any fire lane.
  7. Signs Prohibited from Resembling Public Safety Devices. No sign or portion thereof may imitate or resemble a public safety sign or device including any lights, emblems, or text that resembles public warning or public safety lights or signs.
  8. Clear View and Traffic Flow Provisions. No sign or portion thereof may occupy any clear view area, and no sign may create any traffic or pedestrian flow hazard.
  9. Signs on Public Property. No sign may be located on publicly owned land or inside street rights-of-way except signs erected by permission of an authorized public agency.
  10. Design. All signs shall use materials and colors that are harmonious with the adjacent building(s).
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.090 Design Standards Specific To Zones Or Historic Districts

Additional signage design guidelines may exist for mixed-use zones, historic districts, and special land use centers. The applicant shall refer to and comply with the municipality’s other applicable adopted plans and ordinances.

HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.100 Sign Lighting Requirements

The following sign lighting requirements are provided to achieve the purposes of this Chapter and Ordinance:

  1. Externally illuminated signs are permitted as follows:
    1. All externally lit signs shall be illuminated with steady, fully shielded light sources aimed directly onto the sign. Light bulbs or lighting tubes used for illuminating a sign shall not be visible from any location.
  2. The following internally illuminated signs are permitted:
    1. Individual back-lit letters that are silhouetted against an illuminated wall, or halo-illuminated;
    2. Individual letters with translucent faces, containing soft lighting elements inside each letter; and
    3. Metal-faced box signs with cutout letters and soft-glow lighting.
  3. Lighting.
    1. No lighting or illumination associated with any sign may constitute a safety hazard or create a nuisance to surrounding properties.
    2. The intensity of lighting shall not exceed that necessary to illuminate a sign from the closest adjacent public right-of-way. The nighttime illuminance of a sign may not increase ambient lighting conditions by more than three-tenths (0.3) foot candles when measured perpendicular to the sign face at a distance determined by the following formula:
      1. Measurement Distance (in feet) = the square root of [Area of electronic message center face in square feet x 100]
      2. An ambient light measurement shall be taken using a foot candle meter at the required distance with the sign lighting turned off. Immediately following the ambient light measurement taken in the manner required by this subsection, an operating light measurement shall be taken with the sign lights fully turned on.
    3. No light source may be directed toward any adjacent property.
    4. All light sources shall be fully shielded or hooded.
  4. If the Director or designee or adjacent property owners allege that an illuminated sign violates any portion of this Section, the complainant may request a photometric assessment to measure the amount of light and ascertain the validity of the alleged violation. If photometric measuring devices are available through the municipality, the municipality shall perform the assessment. If the municipality has no measuring devices, the complainant may provide an independent assessment through a qualified professional to the Director or designee. If such light is determined to be in violation, the owner of the light shall take appropriate, corrective action as directed.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.110 Electronic Message Center Requirements

  1. An electronic message center (EMC) shall only display static images with instant or fade-in and fade-out transitions. An electronic message center may not display scrolling text, video images, or scintillating images. Upward illumination in such displays is not allowed, to avoid light pollution. The light source of electronic message centers may not allow light trespass onto adjacent residential properties.
  2. Display Duration. The minimum image display duration is five (5) seconds.
  3. Transition Duration. The transition from one static image to another shall be instant or shall fade-in or fade-out. The maximum transition duration is two (2) seconds.
  4. Ambient Light. All electronic message centers shall be equipped with a sensor or other programmable device that automatically determines the ambient illumination and must be programmed to automatically dim according to ambient light conditions. The nighttime illuminance of an electronic message center may not increase ambient lighting conditions by more than three-tenths (0.3) foot candles when measured perpendicular to the electronic message center face at a distance determined by the following formula:
    1. Measurement Distance (in feet) = the square root of [Area of electronic message center face in square feet x 100]
    2. An ambient light measurement shall be taken using a foot candle meter at the required distance with the sign turned off to a black screen. Immediately following the ambient light measurement taken in the manner required by this subsection, an operating light measurement shall be taken with the sign turned on to a full white screen.
  5. Electronic Message Center Allowable Type and Size by Zone. Table 19.52.110 shows which type of signs are permitted to include an electronic message center in which zones. The Table also sets the maximum size of EMCs per zone and sign type.
    1. All signs containing an EMC shall also include a non-digital identifier that covers at least twenty-five percent (25%) of the total sign area.

      Table 19.52.110: Specifications for Electronic Message Centers
      ZoneSign Types Permitted to Include EMCAllowable EMC Size as a Percentage of Total Allowable Sign Size
      C-1, C-2, Mixed-UseMonument50%
      C-370%
      M-1 and M-270%
      PR, PF, PI50%
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

19.52.120 Unused And Abandoned Signs

  1. Signs relating to a product no longer available for purchase, or to a business which has closed or moved, shall be removed or the advertising copy removed within thirty (30) days of such unavailability. Empty signs frames shall either be replaced with new signs for an active business or removed within six (6) months from the time the sign area becomes vacant.
  2. Vacant portions of signs where panels remain empty for over six (6) months shall be removed or brought into compliance by the property owner. If removal does not occur voluntarily, after appropriate notice is given, the entire sign and support structure shall be taken down by the owner or may be removed by the municipality and all costs incurred shall be the responsibility of the property owner.
HISTORY
Repealed & Replaced by Ord. Title 19 Kearns Zoning Ordinance on 6/26/2023

Title 19 Kearns Zoning Ordinance