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South Weber City Zoning Code

CHAPTER 9

SIGN AND LIGHTING REGULATIONS

10-9-1: PURPOSE AND INTENT:

The purpose of this chapter is to regulate and to authorize the use of signs that are compatible with their surroundings and to promote short and long term civic beauty and order by establishing standards and regulations for sign design, location, size, type, compatibility, safety, and aesthetics.
The intent of this chapter is to regulate design and placement of identification/communication devices that are built specifically to identify, inform, and direct patrons to a particular merchant, store, establishment or service. It is not the intent of this chapter to regulate the content of public speech nor infringe upon freedom of speech. (Ord. 13-17, 11-12-2013)

10-9-2: EFFECT ON CHAPTER:

The regulations herein set forth shall apply and govern all zones as set forth in this title. (1989 Code § 12-15-001; amd. Ord. 13-17, 11-12-2013)

10-9-3: DEFINITIONS:

For the purpose of this chapter, certain words and terms are defined in addition to the definitions stated in section 10-1-10 of this title as follows:
   CONVERT OR CONVERSION: To change a sign or billboard face from its existing, nondigital surface to a digitally controlled surface. Convert or conversion does not include "maintenance" of the sign.
   CURFEW: Between twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. the digital billboard face shall be frozen on one message.
   FRONTAGE (SIGNS): The distance between the two (2) side lot lines of a parcel measured along the street or streets of a corner lot which the parcel is allowed access. No state or federal highway to which no access is allowed shall be considered as frontage.
   SIGN: Any device for visual communication to the general public to be viewed from out of doors, but not including any flag, badge or ensign of any government or governmental agency.
   SIGN, ANIMATED: A sign which involves motion or rotation of any part by mechanical or artificial means or displaying flashing or intermittent lights.
   SIGN, AREA: The area of a sign that is used for display purposes, including the minimum frame and supports. In computing sign area, only one side of back to back signs covering the same subject shall be computed when signs are parallel or diverge from a common edge by an angle of not more than forty five degrees (45°). In relation to signs that do not have a frame or separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display.
   SIGNS, LIGHTED TYPE: A categorical rating given to a sign according to the type of illumination that is permitted to have as follows:
      Direct: An illuminated sign, the light source of which is a visible part of the sign or which projects light upon the sign.
      Indirect: An illuminated sign, the light source of which is not visible from any angle but which is incorporated in the structure of the sign.
   SIGNS, TYPE: A categorical rating given to a sign according to its type of written message as follows:
      Advertising: A sign which directs attention to a use, product, commodity or service, not related to the premises.
      Business: A sign which directs attention to a use conducted, commodity sold or service performed upon the premises.
      Identification: A sign displayed to indicate the name or nature of buildings or use, including home occupations, but not commercial or industrial uses located upon the premises.
      Political: A sign displayed to inform the public of a candidate running for public office or an issue to be decided in a legal election by public vote.
      Property: A sign related to the property upon which it is located and offering such property for sale or lease, or advertising completed improvement, or announcing the name of the builder, owner, designer or developer of the project, or warning against trespassing.
      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 lot, location of restrooms, sale of agriculture product produced upon the premises and which may bear as an incidental part of the sign the name, address or trademark of persons furnishing such sign to the owner of the premises or such other pertinent facts.
      Temporary Subdivision: A sign advertising lots in a subdivision displayed for a specific period of time as indicated by permit, not to exceed two (2) years or the time when all lots or units are sold, whichever comes first. No sign permit shall be issued until preliminary plat approval is given by the planning commission.
   STRUCTURAL TYPE: A categorical rating given to a sign according to its structure as follows:
      Billboard: Any sign designated or used for the posting of bills or temporary messages.
      Flat: A sign erected parallel to and attached to or painted on or pasted on the outside wall of a building and projecting not more than eighteen inches (18") from such wall.
      Ground: A sign placed upon the ground or supported by a frame or multiple supports placed in or upon the ground and which has less than four feet (4') clearance between the sign and the ground.
      Pole: A sign which is attached to or supported by one or more poles, or a pilaster or similar structure which is supported by the ground, including any such sign which also rests on or overlaps the roof of a building twelve inches (12") or less.
      Projecting: A sign attached to a building and extending in whole or in part more than eighteen inches (18") beyond any wall of the building without the aid of any other vertical supports, including any such sign that also rests on or overlaps the roof twelve inches (12") or more.
      Roof: A sign erected partially or wholly on or over the roof of a building, but not including pole or projecting signs that rest on or overlap a roof twelve inches (12") or less.
      Temporary: A temporary sign as regulated by this title shall include any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or any other light materials, with or without frames, intended to be displayed for a short period of time only.
      Window: A sign erected in, attached to, painted on, or pasted on, a window. (1989 Code § 12-15-002; amd. Ord. 98-1, 1-13-1998; Ord. 99-20, 7-13-1999; Ord. 13-17, 11-12-2013)

10-9-4: GENERAL LIMITATIONS:

The following provisions affect all signs and classes of signs. No sign shall be erected, replaced or reconstructed, maintained, enlarged or moved to a new location unless it complies with all of the following conditions: (1989 Code § 12-15-003; amd. Ord. 13-17, 11-12-2013)
   A.   Permit Required: No advertising, business or temporary subdivision sign shall be erected, relocated, reconstructed or enlarged without obtaining a building permit. These signs shall be subject to the appropriate provisions of the Building Code. (1989 Code § 12-15-003; amd. 1998 Code; Ord. 13-17, 11-12-2013)
   B.   Site Plan: All applications for sign permits shall be accompanied by a site plan drawn to a scale showing the exact size, location and ownership of record for the site; the exact size of any existing signs and any proposed signs (including elevation drawings) and the proposed location of the new sign with relation to buildings and property lines.
   C.   Lights Or Lighted Signs: In any zone, no spotlight, floodlight or any type of lighted or animated sign shall be installed in any way or continued in operation which will permit the rays of light to penetrate beyond the property upon which such light or lighted sign is located in a manner constituting a nuisance or hazard, and no light may be permitted where the light source is visible from adjacent property.
   D.   Projection: No part of any sign shall be attached to any building or other structure or otherwise located in such a way as to project across any property line.
   E.   Prohibited Lights And Signs On Public Property; Exception:
      1.   No sign or light standard or pole shall be erected on publicly owned land, inside street rights-of-way or otherwise. No sign, handbill, poster, advertisement or notice of any kind or sort, whether political or otherwise, shall be fastened, placed, posted, painted or attached in any way in or upon any curbstone, lamppost, telephone pole, telegraph pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk or street.
      2.   Signs and lights owned and erected by a public agency or its authorized representative.
   F.   Traffic Hazard: No light, sign or other advertising structure as regulated by this title shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic signs, signal or device or which makes use of the words "stop", "look", "drive-in", "danger" or other words, phrases, symbols, or characters in such manner as to interfere, mislead or confuse traffic.
   G.   Maintenance: Every sign shall be kept in good condition as to maintenance and repair. The building and zoning inspector may require dilapidated and/or unsafe signs to be put in good condition and upon failure of the owner to do so after thirty (30) days' written notice, the City may order such signs removed or demolished.
   H.   Clearance: There shall be a minimum clearance of ten feet (10') between the ground or sidewalk and any part of a projecting sign or pole sign, excepting where there is less than eighteen inches (18") projection from its support. Ground signs shall have a maximum clearance of four feet (4').
   I.   Ownership: The identity of the owner of all off premises signs shall be in plain and public view. (1989 Code § 12-15-003; amd. Ord. 13-17, 11-12-2013)
   J.   Political Signs: Political signs shall be allowed in all zones, provided they comply with the following regulations:
      1.   They shall comply with the requirements of subsection E of this section.
      2.   Political signs shall not be erected within one hundred fifty feet (150') from a building where a polling place is located. (Ord. 13-17, 11-12-2013)

10-9-5: CLASSIFICATION OF SIGNS:

The following classifications of signs shall include all signs permitted in any zone. If for any reason the classification of any sign is not readily determinable, the classification shall be determined by the building inspector.
   A.   Class 1: Signs meeting the following specifications and conditions shall constitute Class 1:
      1.   Sign Type: Identification, property, service and temporary subdivision.
      2.   Structural Type: Flat, ground, pole and temporary.
      3.   Lighted Type: Direct and indirect lighted.
      4.   Maximum Number And Size:
         a.   Identification and service signs: Two (2) signs not to exceed three (3) square feet in combined area for parcels up to one-half (1/2) acre in area, not to exceed ten (10) square feet in combined area for parcels from one-half (1/2) acre to two (2) acres in area, and not to exceed thirty two (32) square feet in combined area for parcels greater than two (2) acres.
         b.   Property signs: Nine (9) square feet in combined total area.
         c.   Temporary subdivision signs: Thirty two (32) square feet in combined total area.
      5.   Location: Anywhere on property.
      6.   Maximum Height: Ten feet (10').
      7.   Special Limitations: No animated signs.
   B.   Class 2: Signs meeting the following specifications and conditions shall constitute Class 2:
      1.   Sign Type: Business.
      2.   Structural Type: Flat, ground or pole.
      3.   Lighted Type: Direct or indirect lighted.
      4.   Maximum Number And Size: One sign not to exceed three (3) square feet for home occupations. For service accessory uses, one sign not to exceed ten (10) square feet, unless the sign is more than five hundred feet (500') from a public street and is flat and attached to a wall of the business, then it shall not exceed thirty two (32) square feet for each five hundred feet (500') from a public street.
      5.   Maximum Height: Ten feet (10').
      6.   Special Limitations: No animated signs.
      7.   Location: Anywhere on the property.
   C.   Class 3: Signs meeting the following specifications and conditions shall constitute Class 3:
      1.   Sign Type: Identification.
      2.   Structural Type: Flat, ground and pole.
      3.   Lighted Type: Direct and indirect lighted.
      4.   Maximum Number And Size: One sign for each street frontage not to exceed sixteen (16) square feet.
      5.   Location: Anywhere on the property.
      6.   Maximum Height: Ten feet (10'), unless it is a flat sign attached to or painted on the building, in which case the maximum height shall be the same as the maximum height of structures allowed in the zone.
      7.   Special Limitations: No animated signs.
   D.   Class 4: Signs meeting the following specifications and conditions shall constitute Class 4:
      1.   Sign Type: Business, identification, service, property and temporary subdivision.
      2.   Structural Type: Flat, ground, pole, projecting, temporary and window.
      3.   Lighted Type: Direct and indirect lighted.
      4.   Maximum Number And Size: No maximum number, but the combined total area of all signs shall not exceed two hundred (200) square feet.
      5.   Location: Anywhere on the property.
      6.   Maximum Height: Twenty five feet (25'), unless it is a flat sign attached to or painted on the building in which case the maximum height shall be the same as the maximum height of structures allowed in the zone.
   E.   Class 5: Signs meeting the following specifications and conditions shall constitute Class 5:
      1.   Sign Type: Business, identification, political, property, service and temporary subdivision.
      2.   Structural Type: Flat, ground, pole, projecting, roof, temporary and window.
      3.   Lighted Type: Direct and indirect lighted.
      4.   Maximum Number And Size: The maximum number and total area allowed shall be according to the following regulations:
         a.   Flat Signs: There is no maximum on the number of such signs. The total area of all such signs on the primary or main walls or facades facing the street shall be limited to ten percent (10%) of the wall or facade to which the sign is attached. The total area of all such signs on secondary walls or facades shall be limited to five percent (5%) of the wall or facade area to which the sign is attached.
         b.   Ground And Pole Signs: One ground or pole sign per street frontage per business is allowed with a maximum area of sixty (60) square feet plus one square foot per five (5) linear feet of frontage on the street to which the sign is oriented. If the sign is on a corner lot and is placed so that it orients to both streets, then one sign is allowed with a maximum area of one hundred twenty (120) square feet plus two (2) square feet per ten (10) linear feet of frontage on both streets. The absolute maximum area of any ground or pole sign for a single business is three hundred (300) square feet except as noted in subsection E4c of this section. Where two (2) or more businesses are located within the same structure or in very close proximity in a commercial center type arrangement, ground and pole signs are limited to one sign per commercial center. That sign shall have a maximum area of one hundred (100) square feet plus ten (10) square feet per business in the commercial center with an absolute maximum area of three hundred (300) square feet, except as noted in subsection E4c of this section.
         c.   Pole Signs Within Six Hundred Feet Of Interstate 84 Or Highway 89: Pole signs that are located within six hundred feet (600') of Interstate 84 or Highway 89 and are oriented toward either of those highways shall be allowed a fifty percent (50%) increase in the sign area specified in subsection E4b of this section.
         d.   Projecting Signs: One projecting sign per business is allowed with a maximum area of four (4) square feet per business.
         e.   Temporary Signs: There shall be no maximum number, but the total area allowed shall be a maximum of five percent (5%) of the area of the primary wall or facade facing the street for each business. Temporary signs may be displayed for a maximum period of sixty (60) days.
         f.   Window Signs: Window signs shall be limited to twenty five percent (25%) of the window area of the primary wall or facade of the building.
      5.   Location: Anywhere on the property, unless otherwise noted in this chapter.
      6.   Maximum Height: Twenty five feet (25'), unless it is a flat sign attached to or painted on the building, in which case the maximum height shall be the same as the maximum height of structures allowed in the zone, or unless the property on which the business is located is within six hundred feet (600') of Interstate 84, in which case the permitted height is one hundred feet (100'), or within six hundred feet (600') of Highway 89 in which case the maximum height shall be one hundred feet (100').
   F.   Class 6: Signs meeting the following specifications and conditions shall constitute Class 6:
      1.   Sign Type: Business, identification, political, property and service.
      2.   Structural Type: Flat, ground, projecting, temporary and window.
      3.   Lighted Type: Direct and indirect lighted.
      4.   Maximum Number And Size: No maximum number, but the combined total area of all signs shall not exceed five percent (5%) of the total area of the facade of the main public entry side of the business. Where there are multiple businesses/uses in the same building or complex of buildings, one additional sign may be permitted which indicates all businesses or uses within the building or complex and which is limited to three (3) square feet per business or use.
      5.   Location: Anywhere on the property.
      6.   Maximum Height: Ten feet (10'), unless it is a flat sign attached to or painted on the building, in which case the maximum height shall be the same as the maximum height of structures allowed in the zone.
   G.   Class 7: Signs meeting the following specifications and conditions shall constitute Class 7:
      1.   Sign Type: All types.
      2.   Structural Type: Flat, ground, pole or projecting.
      3.   Lighted Type: Direct and indirect lighted.
      4.   Maximum Number And Size: No maximum number, but the combined total area of all signs shall not exceed four hundred (400) square feet.
      5.   Location: Anywhere on the property.
      6.   Maximum Height: Twenty five feet (25'), unless it is a flat sign attached to or painted on a building, in which case the maximum height shall be the same as the maximum height of structures allowed in the zone. (Ord. 19-08, 3-12-2019)

10-9-6: BILLBOARDS:

   A.   Permit Required: No billboard shall be erected, relocated, reconstructed or enlarged without obtaining a building permit. These signs shall be subject to the appropriate provisions of the Building Code.
   B.   Site Plan: All applications for sign permits shall be accompanied by a site plan drawn to a scale showing the exact size, location and ownership of record for the site; the exact size of any existing signs and any proposed signs (including elevation drawings) and the proposed location of the new sign with relation to buildings and property lines.
   C.   Number Of Billboards: The number of billboards allowed in the City shall be limited to the number of billboards that have received a legal South Weber City permit as of the time of adoption of this chapter. The number of billboards in the City shall never increase. A new billboard shall only be permitted as replacements or relocations of an existing billboard as permitted by this title.
   D.   Permitted And Prohibited Locations: Billboards shall be permitted in the following areas:
      1.   I-84 Corridor: Billboards shall be permitted in any Nonresidential Zoning District along the I-84 corridor, within three hundred feet (300') of the I-84 centerline, measured to the nearest support column or pole.
      2.   Highway 89 Corridor: Billboards shall be permitted in any Nonresidential Zoning District along the Highway 89 corridor, within three hundred feet (300') of the highway centerline, measured to the billboard pole.
   E.   Removal Of Billboards; Demolition Permit Required: Prior to the removal of any billboard in South Weber City the following requirements must be met:
      1.   Permit Required: Billboards may be removed by the billboard owner only after obtaining a demolition permit from South Weber City. Owners that do not obtain the appropriate demolition permit shall forfeit the right to reconstruct, relocate, build or convert any billboard that is removed without a permit.
      2.   Application: Application shall be made by obtaining a demolition permit provided by the City building official.
   F.   Relocation Of Billboards; Building Permit Required:
      1.   The owner of a billboard may relocate a billboard from any conforming or nonconforming site to a conforming, approved location only after a permit is obtained as set forth in this title and must comply with other provisions of this chapter.
      2.   Billboards moved to an approved location shall conform with all sign requirements of the new location.
      3.   Billboards in nonconforming locations shall not be permitted to convert or enlarge the sign face.
      4.   Owners relocating billboards from a conforming or nonconforming location to a conforming location shall install the relocated billboard within twenty four (24) months of the issuance of a demolition permit, with not more than two (2) extensions of up to one year each granted by the building official. If the billboard is not installed within the maximum allowed time frame, then the ability to relocate said billboard is forfeited.
   G.   Maintenance Of Billboards:
      1.   Each billboard shall be maintained in a safe, presentable, and good condition; including the replacement of defective parts, painting, cleaning, removal of old or dilapidated advertisements and other acts required for the maintenance of said sign.
      2.   For any structural changes to an existing billboard, a building permit shall be required.
   H.   Height, Size, Spacing, And Setbacks: All billboards within South Weber City shall adhere to the following requirements for height, size, spacing and setbacks:
      1.   Billboard Height: Billboards shall not exceed a height of sixty five feet (65') above the highest point of the grade of the highway toward which the billboard is oriented at a point perpendicular to the billboard.
      2.   Billboard Size: Billboards are limited to six hundred seventy two (672) square feet for each face.
Billboards (digital and nondigital) are allowed up to two (2) faces that are on opposite sides of the billboard.
      3.   Billboard Spacing: Spacing of billboards shall follow current State code.
      4.   Billboard Setbacks:
         a.   No billboard shall be closer than five feet (5') to a front property line, or right-of-way line measured to the closest edge of the billboard.
   I.   Digital Billboards: In addition to the following requirements, digital billboards shall adhere to the same size, height, spacing, setbacks and locations as all other standard billboards:
      1.   Video animation shall be prohibited including text, image or graphic scrolling and animated advertisement transitions;
      2.   Digital billboard advertisements shall have a minimum dwell time of eight (8) seconds and a maximum rotation time of one- fourth (0.25) second;
      3.   Digital billboard advertisements shall not blink, flash, pulse, twinkle or similar, or be lit by any outside light source;
      4.   Digital billboards that are three hundred feet (300') or closer to any legally occupied dwelling may be required to adhere to a curfew as required below:
         a.   If a billboard is within three hundred feet (300') of a legally occupied dwelling and is within a one hundred twenty degree (120°) radius area measured from the center point of the digital billboard face then this billboard face shall adhere to the curfew; or
         b.   If a billboard is within one hundred fifty feet (150') of a legally occupied dwelling and is within a thirty degree (30°) radius area measured from the center point of the digital billboard face and beginning at the one hundred twenty degree (120°) line then this billboard face shall adhere to the curfew;
         c.   The curfew shall be lifted in the event of the need for emergency messages.
      5.   All digital billboards shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness and display period;
      6.   Digital billboards shall not increase the ambient lighting level more than three-tenths (0.3) foot-candle when measured by a foot-candle meter, perpendicular to the digital face, at a distance of three hundred feet (300');
      7.   Digital billboards shall not be larger than six hundred seventy two (672) square feet;
      8.   After installation, the applicant shall certify that the billboard has been tested and complies with the motion, dwell time, brightness, rotation time, and all other requirements herein. The City may request certification of compliance at any time;
      9.   A building permit shall be required for the conversion of any billboard face. (Ord. 13-17, 11-12-2013)