Chapter 18.105
SIGNS AND OUTDOOR ADVERTISING
Sections:
18.105.010 General requirements.
18.105.040 Sound or emissions.
18.105.050 Movable, freestanding signs.
18.105.100 Location standards.
18.105.110 Special purpose signs.
18.105.120 Classification of signs.
18.105.130 Signs permitted in agricultural and residential zones.
18.105.140 Signs permitted in public facilities zones.
18.105.150 Signs permitted in commercial zones.
18.105.160 Signs permitted in the light industrial zone.
18.105.170 Signs permitted in other zones.
18.105.180 Off-premises advertising structures.
18.105.190 Nonconforming signs.
18.105.200 Definitions pertaining to signs.
18.105.010 General requirements.
The following general requirements shall apply to all signs and outdoor advertising structures which may be erected or maintained within the City. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.1, 1993.)
18.105.020 Sign approval.
Except as otherwise provided, it shall be unlawful to erect or maintain any sign or outdoor advertising structure without first obtaining the approval of the Planning Department based upon the provisions of this section. Approval shall not be required for temporary nonelectrical wall and nonelectrical freestanding signs of less than 32 square feet in area. (Examples of signs not requiring Planning Department approval are real estate “for sale” signs and election campaign signs.) (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.1.1, 1993.)
18.105.030 Permits.
The approval of the Planning Department shall be evidenced by a permit issued by the Building Official. All signs shall be constructed and all permits shall be issued in accordance with the provisions of the International Building Code. All standards in this section are minimum standards; greater restrictions or limitations may be imposed by the Planning Department. Applications for permits, or for the renewal of permits, shall require the applicant to disclose the owner of the sign and the owner of the property on which the sign is or will be located, all relevant dates in regard to expiration of any lease or lease option, the date and cost of construction of the sign, the date and cost of any modification of the sign, and any other information reasonably required by the Planning Department. A permit may be revoked and a sign removed pursuant to FCC 18.105.070 if the applicant for a permit makes a false or misleading statement in the permit application or renewal. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.1.2, 1993.)
18.105.040 Sound or emissions.
No sign shall be designed for the purpose of emitting sound, smoke, or steam. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.1.3, 1993.)
18.105.050 Movable, freestanding signs.
Except as otherwise provided in this section, all movable, freestanding signs, including 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. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.1.4, 1993.)
18.105.060 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 walls from which the canopy projects. Signs suspended under canopies (marquees) which project over public rights-of-way shall be limited to six square feet. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.1.5, 1993.)
18.105.070 Violations.
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 Planning Department may do the following:
1. Order the defect corrected within a fixed period of time, not exceeding 30 days, if correction of the defect will bring the subject sign into compliance with the provisions of this section.
2. If correction of the defect will result in a violation of the provisions of this section, 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 30 days.
3. If the owner of the sign contests the order of the Planning Department, the remedy shall be an appeal to the Board of Adjustment, which appeal shall be taken in the time and manner otherwise provided in this title and FCC Title 17. If the owner of the sign fails or refuses to remove the subject sign at the order of the Planning Commission, 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’s fees and costs. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.1.6, 1993.)
18.105.080 Signs on premises.
Except as provided within the provisions of respective zoning districts, and unless otherwise expressly provided in this section, no sign shall be permitted which is not used exclusively to advertise the ownership, sale, or lease of property upon which the sign is placed, or to advertise a business conducted, services rendered, goods produced or sold upon such premises, or to advertise or identify any other lawful activity conducted upon such premises. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.2, 1993.)
18.105.090 Exceptions.
This chapter shall have no application to signs used exclusively for:
1. The display of official notices used by any court, 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 information signs of a public or semi-public nature, directed 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, town, or other political unit. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.3, 1993.)
18.105.100 Location standards.
All signs and outdoor advertising structures shall comply with the following location requirements:
1. 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.
2. 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 25 feet from the intersections of the projecting property lines.
3. 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 of Utah or rules and regulations duly promulgated by agencies thereof.
4. 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 10 feet. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.4, 1993.)
18.105.110 Special purpose signs.
In addition to any other permitted sign(s), signs for special purposes set forth in this section shall be permitted as provided herein.
1. In all zoning districts, signs may be erected to advertise the sale, rent, or lease of property upon which said signs are placed. 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 square feet in residential zones or 32 square feet in nonresidential zoning districts.
2. 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. These signs shall be situated at least two feet inside the property line and shall not exceed 10 feet in height. Said sign shall not exceed an area of 50 square feet and shall not be placed within a clear-vision area of a corner lot as set forth in this section.
3. 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 Planning Commission. In residential districts no such sign shall exceed 32 square feet in area. In other districts, no such sign shall exceed an area of 64 square feet, and no freestanding sign shall exceed 12 feet in height. All such signs shall be removed before a final inspection is granted by the Building Inspector or an occupancy permit is issued.
4. 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 square feet.
5. 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 or more dwelling units may erect one sign on the premises to identify only the name of the apartment complex and to indicate a vacancy. Wall signs shall not exceed an area of 25 square feet, and may be mounted upon a freestanding, ornamental masonry, wood or stone wall.
6. One development promotional sign may be placed on the premises of each subdivision having five or more lots or approved dwelling units. The promotional sign may have an area of 24 square feet. A second development promotional sign may be placed on the premises of each subdivision, planned development, or condominium project having two or more separate, major points of access and having 50 or more lots or approved dwelling units. The above signs shall be removed no later than 30 calendar days following the sale of all lots or dwelling units in the development, and before a final inspection is granted by the building inspector.
7. One name plate or marker shall be allowed for each dwelling to indicate only the occupant’s name. Name plates shall not exceed two square feet in area, and shall not contain an occupational designation. (Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 3.28.5 [3.19.5], 1999; Ord. 66 § 3.19.5, 1993.)
18.105.120 Classification of signs.
Every sign erected or proposed to be erected within the City shall be classified by the Planning Department in accordance with the definitions of signs contained in this chapter. Any sign which does not clearly fall within the classifications shall be placed in the classification which the sign, in view of its design, location, and purpose, most clearly approximates in the opinion of the Planning Department. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.6, 1993.)
18.105.130 Signs permitted in agricultural and residential zones.
No sign shall be erected in any agricultural or any residential zones except as provided within the provisions of the respective zoning districts as established in this title and FCC Title 17, except that certain special purpose signs may be erected in all zones in compliance with the provisions of FCC 18.105.110. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.7, 1993.)
18.105.140 Signs permitted in public facilities zones.
The signs described below are permitted on public property:
1. Nameplates not exceeding 32 square feet placed upon a building which identifies the name and/or address of a structure or complex.
2. A sign or a monument identifying points of interest or building complex not exceeding 32 square feet. The sign may be placed upon a suitable wall which identifies the name and address of the structure or complex, or be a freestanding sign five feet or less in height.
3. Except as otherwise provided in this section, wall signs on public property shall comply with the following requirements:
a. Maximum area shall be 32 square feet.
b. No part of any sign shall extend above the top of the wall upon which it is situated.
c. All signs, including any light box or structural part, shall not project more than 12 inches from the front face of the building to which it is attached.
d. Pertinent freestanding signs over five feet in height shall be allowed only with the issuance of a conditional use permit by the Planning Commission and City Council, and are subject to the conditions established therein. No sign shall exceed a height of 15 feet.
e. No signs shall project over a property line, nor project into any required front yard.
f. Only indirect and diffused lighted signs are permitted on public property. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.8, 1993.)
18.105.150 Signs permitted in commercial zones.
For each place of business or occupancy within a commercial zone, the following types of signs shall be permitted in conformance with the standards set forth:
1. One monument sign less than six feet in height and 60 square feet measured from the farthest extent of the sign to form a rectangle is allowed per commercial project. If a commercial project includes more than five potential businesses the Planning Department may approve a sign up to 10 feet in height and 100 square feet measured from the farthest extent of the sign to form a rectangle. Application for additional monuments signs in a commercial project will be considered a conditional use. The applicant must demonstrate to the Planning Department that the additional sign(s) are necessary. In no case shall the Planning Department approve more than one monument sign for a commercial project which has less than 200 feet of frontage on a publicly maintained street. All monument signs shall meet the following requirements:
a. No such sign shall project over a property line, nor more than five feet into any required front yard.
2. One wall sign not to exceed 30 square feet measured from the farthest extent of the sign to form a rectangle is allowed on the wall facing the primary entrance to the commercial project. Except as otherwise provided in this section, every wall sign and painted wall sign in a commercial zone shall comply with the following requirements:
a. No part of any sign shall extend above the wall upon which it is situated.
b. No sign, including any light box or structural part, shall project more than 12 inches from the face of the pan of the building to which it is attached. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.9, 1993.)
18.105.160 Signs permitted in the light industrial zone.
Signs permitted in the light industrial zone shall include freestanding signs under five feet, wall signs and painted wall signs, all in conformance with the following provisions:
1. One monument sign less than six feet in height and 60 square feet measured from the farthest extent of the sign to form a rectangle is allowed per industrial project. If an industrial project includes more than five potential businesses the Planning Department may approve a sign up to 10 feet in height and 100 square feet measured from the farthest extent of the sign to form a rectangle. Application for additional monument signs will be considered a conditional use. The applicant must demonstrate to the Planning Department that the additional sign(s) are necessary. In no case shall the Planning Department approve more than one monument sign for a project which has less than 200 feet of frontage on a publicly maintained street. All monument signs shall meet the following requirements:
a. No such sign shall project over a property line, nor more than five feet into any required front yard.
2. One wall sign not to exceed 30 square feet measured from the farthest extent of the sign to form a rectangle is allowed on the wall facing the primary entrance to the project. Except as otherwise provided in this section, every wall sign and painted wall sign in an industrial zone shall comply with the following requirements:
a. No part of any sign shall extend above the wall upon which it is situated.
b. No sign, including any light box or structural part, shall project more than 12 inches from the face of the pan of the building to which it is attached. (Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 3.28.10 [3.19.10], 1999; Ord. 66 § 3.19.10, 1993.)
18.105.170 Signs permitted in other zones.
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 Department shall classify zones as either residential, agricultural, or commercial depending upon the similarity of the characteristics and permitted uses of the zone to those already classified. When such a classification has been made by the Planning Commission, the sign provisions applying to the respective classification shall apply to the zone. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.11, 1993.)
18.105.180 Off-premises advertising structures.
1. Prohibition of New Off-Premises Signs. Except for off-premises public information and government signs meeting the size, shape, color, and other requirements described in subsection (2) 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 are nonconforming uses in all zones of the City.
2. Public Information and Government Signs. Off-premises public information and government 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, as approved by the Planning Department.
3. Acquisition of Interests. The City of Francis may acquire title to off-premises nonconforming signs or outdoor advertising structures by gift, purchase agreement, exchange, or eminent domain, and shall have the right to amortize off-premises nonconforming signs as permitted by state or federal law. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.12, 1993.)
18.105.190 Nonconforming signs.
All on-premises or appurtenant signs which have been made nonconforming by the adoption of provisions contained within this title and FCC Title 17 shall be subject to the following regulations:
1. Any sign or portion thereof declared unsafe by a proper public authority must be restored to a safe condition or removed within 30 days of mailing or otherwise given notice of the unsafe condition.
2. A nonconforming sign shall not be reconstructed, raised, moved, placed, extended, or enlarged unless said sign is changed so as to conform to all provisions of this title and FCC Title 17. Alterations shall also mean that changing of the text or message that the sign is conveying from a 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 billboards or other similar signs which are designed to accommodate changeable copy.
3. Nonconforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, or act of God, to the extent of more than 60 percent of its assessed value shall, if repaired, be repaired or rebuilt in conformity with the regulations of this title and FCC Title 17 or shall be removed.
All off-premises signs which are made nonconforming uses by the provisions of this title and FCC Title 17 shall be subject to the following:
a. Any sign or portion thereof found or declared unsafe in a manner provided by law must be restored to a safe condition within 30 days after the owner is given notice of the unsafe condition. Any sign not repaired as required and permitted by this section is unlawfully maintained and subject to the provisions of this section.
b. All off-premises signs and their supporting structures shall be kept in good appearance and condition with normal maintenance and repair (example: painting), but it shall be unlawful to reconstruct, raise, move, place, extend, or enlarge such signs or the structure supporting such signs. Any sign altered contrary to the provisions of this subsection is unlawfully maintained and subject to the provisions of this section.
c. A nonconforming off-premises sign or sign structure that ceases to be used for sign purposes for a period of one year shall be deemed abandoned on the ground that the nonconforming use has been abandoned, the nonconforming use has substantially changed, or such other grounds as may be appropriate. Any sign or sign structure which is abandoned or in an unreasonable state of repair is unlawfully maintained and subject to immediate revocation of its permit and removal pursuant to the provisions of this title and FCC Title 17. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.13, 1993.)
18.105.200 Definitions pertaining to signs.
Please refer to Chapter 18.10 FCC for specific definitions relating to signs. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.19.14, 1993.)