(Rep. by Ord. 17-23, 11-21-2017, eff. 11-21-2017)

This chapter shall be known as the OUTDOOR SIGN CODE OF SOUTH OGDEN CITY. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

1. Code Compliance Official: The code compliance official is responsible for the enforcement and administration of this chapter. The code compliance official or his designee shall inspect each sign for which a permit has been issued and shall require the proper maintenance of all signs subject to this chapter.
2. Enter Upon Premises: Upon presentation of proper credentials, the code compliance official may enter at reasonable times any building, structure or premises in the City to perform any duty imposed upon him by this chapter.
3. Noncompliance Fee Schedule: code compliance official or acting agent shall enforce noncompliance fee based on noncompliance fee schedule for each offense:
   
   FEE SCHEDULE
   
   

   First violation	Warning and set time given by the code compliance official to remedy the noncompliance. $125.00 if the noncompliance is not remedied within set time.
   Second violation	$250.00
   Third violation	Class C Misdemeanor

This chapter shall apply to all signs erected in the City, except for the following signs, which shall be exempt from permit requirements:

1. Traffic and other Municipal signs, house numbers, legal notices, railroad crossing signs, and danger and warning signs.
2. Memorial tablets or tablets containing the name, date, erection and use of the buildings, when built into the walls of the buildings and constructed of bronze, brass, marble, stone or other incombustible materials.
3. Non-Commercial Expressive Signs. This may include political, campaign, civic, philanthropic or service club, religious, charitable, educational, and any other non-commercial, expressive sign not otherwise defined herein.
4. Nonilluminated and nonfloodlighted signs having an area not in excess of six (6) square feet on private property.
5. Nonilluminated and nonfloodlighted commercial signs having an area not over thirty six (36) square feet announcing the destruction or construction or remodeling of a building or announcing the enterprise to be located in a building under construction or announcing the name and address of the architect or contractor of the building, or the owner thereof; provided, that not more than one such sign shall be erected on each street frontage; and also provided, that signs are erected not more than thirty (30) days prior to construction and are removed not more than thirty (30) days after completion.
   
6. Residential real estate for sale signs with a maximum of six (6) square feet or for sale or lease signs for commercial properties no larger than thirty-six (36) square feet. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)
   

1. It shall be unlawful to erect or remodel any sign upon or over public or private property within the City until a sign permit regarding such sign has been obtained from the building official.
2. No illuminated or floodlighted sign shall be connected to the electrical wiring source at a location until an electrical permit with respect thereto has been issued by the building official.
3. No sign permit shall be issued to any person other than a licensed contractor except for a property owner, lessee or tenant, when work is to be done on the owned or leased property. All sign permit requests shall be accompanied with two (2) complete sets of drawings, specifications and design criteria when required by the building official. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)
   

1. First Offense: The code compliance official will issue a warning and set an allotted time frame with the resident to remedy the noncompliance.
2. Second And Subsequent Offenses: If the allotted time given by the code compliance official has expired and the issue has not been remedied, then a fee of not more than one hundred and twenty-five dollars ($125.00) shall be paid. Failure to comply after fourteen (14) additional days or any additional time allotted by the code compliance official, will result in a second fee in the amount of two hundred and fifty dollars ($250). In the event of an abatement, procedures outlined in section 4-2-4 and section 4-2-13 shall be followed. All fees may be appealed to the City’s appointed hearing officer as provided in 3-1A-2 .
3. Criminal Enforcement: Failure to remedy the city code violation may result in escalation to a Class C misdemeanor.
   
   

Before sign permits are issued for signs on State and/or Federally controlled and/or funded highways, proof of approval where necessary from the controlling agency must be submitted with sign permit application before the application is considered for approval. In no instance will Federal or State approval preempt the requirements of this chapter. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

No signs shall be erected or maintained or be permitted to remain publicly displayed which are of a misleading, fraudulent, obscene, immoral, indecent or unsightly character. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

No sign shall be painted, pasted or glued directly upon any wall or roof or affixed directly upon any wall or roof. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

No animated signs shall be erected or maintained in, nor closer than seventy five feet (75') from any residence. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

(Ord. 18-04, 5-15-2018, eff. 5-15-2018)

(Rep. by Ord. 17-23, 11-21-2017, eff. 11-21-2017)

If a sign does not conform with the requirements of this title, or if the construction, design, manner of use, or method of anchoring or supporting any sign makes such sign unsafe, the building official shall proceed in any manner he deems necessary to cause the removal of the sign or the rebuilding of the sign to conform with the requirements of this chapter or to remedy the defects therein. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

Where immediate action to remove a dangerous sign is deemed necessary to protect limb, life or property and where the owner of a sign or the owner of the property upon which the sign is erected fails to remove such sign upon receipt of notice from the code compliance official and within a specified time fixed in such notice, the code compliance official may proceed in any manner deemed necessary to cause the immediate removal of such sign. The code compliance official shall certify a statement of the expenses incurred in such removal to the City Manager, who in turn shall assess and charge the same against the real estate upon which the sign was erected, and unless said assessment is paid within ninety (90) days after and from the date of notice thereof, the same shall, when recorded in the Offices of the County Clerk and City Recorder, become a lien upon the real estate whereon the sign is erected and collectible in the same manner as general taxes.

It shall be unlawful to erect and/or maintain any sign over any street or alley, except as herein expressly provided. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

No sign shall cover a window, doorway, or an opening providing light, ventilation or exit facilities which are required by the Building Code or which are deemed by the Fire Department to be necessary to give the Fire Department access to the building, or to afford fire protection in the event of a fire; provided, however, that flat signs, wall signs, fabric signs or projecting signs shall be permitted to cover transoms. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

It shall be unlawful for any person to fasten or attach, paint or place, any sign, handbill, poster, advertisement or notice of any kind or sort, except for political or civic purposes, or to cause the same to be done in or upon the curbstone, lamppost, telephone pole, electric light or power pole, hydrant, bridge or tree, or in or upon any portion of any sidewalk or street. It shall be unlawful to paste, place, paint or attach any "sign," as defined in this title, upon any building, street or property of the City; provided, however, that a campaign sign or sign advertising a civic purpose or the promotion of a civic or service club may be placed between the sidewalk and curb area with the permission of the owner of the lot which said area fronts. Such a sign shall be governed by the provisions of section 10-21C-20 of this article, and the candidate or sponsoring entity or group shall be responsible for the removal thereof. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

It shall be unlawful for any person to fasten or attach, paint or place any "sign," as defined in this title, upon any private wall, window, door, gate, fence or sign, or upon any other personal property without the consent of the owner or lessee, or someone authorized to act on behalf of such owner or lessee. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

1. Signs regulated by this title shall be securely fastened, maintained in a clean, safe and attractive condition. This includes the replacement of defective parts, cleaning and other acts necessary for proper maintenance and to maintain a safe structural condition. The City, its building official, and its other agents shall in no way be liable for negligence or failure of the owner, or the person responsible for maintaining any sign, to keep such sign in good condition, or be responsible for any damage caused by defective conditions.
2. Any person occupying a building or portion of a building, who owns or maintains a sign in connection therewith, shall upon vacating the premises, or discontinuing the business advertised, continue to maintain the sign in a clean, safe, and attractive condition in compliance with subsection A of this section. This includes the replacement of defective parts and other acts necessary for proper function and to maintain a safe structural condition. Any person who owns and maintains a sign for the benefit of another person who occupies a building or part of a building whereon the sign is located shall continue to maintain the sign in compliance with subsection A of this section if the person for whom the sign is maintained vacates the premises. Failure of the owner of the sign or of the person responsible for maintaining the sign to continue to maintain the sign as described above shall be considered a violation of this chapter and shall subject the owner of the sign and the owner of the property to the penalties herein. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)
   

(Rep. by Ord. 18-04, 5-15-2018, eff. 5-15-2018)

1. Required: All signs shall be erected and maintained in full compliance with this title.
2. Removal Of Nonconforming Signs:
   1. Any sign not in conformance with this title and which was erected or installed without a permit or are not maintained as per section 10-21C-12 of this article shall be removed within thirty (30) days upon notification from the code compliance official.

It is unlawful for any person erecting any sign or other advertising structure to fail to comply strictly with the requirements of this chapter and any and all regulations pertaining to safety promulgated by the City Council pursuant to section 10-21C-17 of this article. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

(Rep. by Ord. 17-23, 11-21-2017, eff. 11-21-2017)

The City Council may establish such rules and regulations as it may find to be reasonably necessary to protect the public from injury in the course of the erection of signs and other advertising structures. When such regulations are established, all sign contractors and holders of sign permits shall comply strictly therewith. Such regulations shall be filed with the City Recorder and a copy thereof to be furnished to all persons, firms and corporations holding licenses as sign contractors and holders of sign permits and who shall comply strictly therewith. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

(Rep. by Ord. 17-23, 11-21-2017, eff. 11-21-2017)

(Rep. by Ord. 17-23, 11-21-2017, eff. 11-21-2017)

Non-Commercial, expressive signs may include political, campaign, civic, philanthropic, service club, religious, charitable, educational, and other non-commercial expressive signs not otherwise defined herein. Non-Commercial, expressive signs are permitted under the following provisions:

1. In any zone where signs are permitted, non-commercial, expressive signs are permitted to the same extent and under the same conditions, including size, location, materials, and maximum signage area calculations, as any commercial sign allowed in that zone, with the following exceptions/requirements:
   1. Non-commercial expressive signs are exempt from the requirement to obtain a sign permit.
   2. Non-commercial, expressive signs may not exceed six feet (6’) in height, twelve feet (12’) in width, and the total signage allowed shall not exceed thirty-six (36) square feet.
      
2. In any zone where signs are not otherwise permitted, stationary, unlighted, non-commercial, expressive signs are permitted, provided, that any such sign or signs shall not exceed six feet (6') in height, twelve (12) feet in width, and shall not exceed thirty-six (36) square feet in area. The following rules will also apply:
   1. Non-commercial, expressive political or campaign sign may not be placed in any clear view area or in such a manner as to create a safety hazard, block or obstruct any sidewalk, trail, road, or other right of way, or constitute a public nuisance.
   2. Non-commercial expressive signs shall not be placed on private property or in the park strip area between the sidewalk and curb fronting on the private property, without the permission of the owner or full-time resident of the property.
   3. No non-commercial, expressive sign may be placed in any clear view area or in such a manner as to create a safety hazard, block or obstruct any sidewalk, trail, road, or other right of way, or constitute a public nuisance.
   4. No political or campaign sign shall be placed within one hundred fifty feet (150') from a polling place. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)
      

(Rep. by Ord. 17-23, 11-21-2017, eff. 11-21-2017)

(Rep. by Ord. 17-23, 11-21-2017, eff. 11-21-2017)

(Rep. by Ord. 17-23, 11-21-2017, eff. 11-21-2017)

Any sign designating historical property is subject to the provisions of this chapter; provided, however, that the City Council, upon recommendation by the Planning Commission, can waive any restrictions found in the provisions of this chapter in allowing the erection of such a sign. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

Bench signs shall be allowed upon proper permit by the City Council, with the location thereof to be approved by the building official. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)

1. Current Building Code Provisions: Signs and sign structures must meet the requirements of the latest adopted version of the IBC. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)
   

The supports for all signs or sign structures shall be placed in or upon private property and shall be designed, constructed and erected in conformance with the requirements of the Building Code. (Ord. 18-04, 5-15-2018, eff. 5-15-2018)