Chapter 18.95 SIGNS

General sign types and the computation of sign area shall be as depicted in Figures 18.95.080(A), 18.95.080(B), 18.95.080(C), and 18.95.080(D) at the end of this article. [Ord. 2010-5. Code 1988 § 11-8.1].

18.95.020 General provisions.

A. Conformance to Codes. Any sign hereafter erected shall conform to the provisions of this title and the provisions of the International Building Code and of any other applicable ordinance or regulation within this jurisdiction.

B. Signs in Rights-of-Way. No sign other than an official traffic sign or similar sign shall be erected within two feet of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction.

C. Projections over Public Ways. Signs projecting over public walkways shall be permitted subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of eight feet from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the jurisdiction for such structures.

D. Traffic Visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal, or device.

E. Computation of Frontage. If a premises contains walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage.

F. Animation and Changeable Messages. Animated signs, except as prohibited in this chapter, are permitted in commercial and industrial zones only. Changeable signs, manually activated, are permitted for nonresidential uses in all zones. Changeable signs, electrically activated, are permitted in all nonresidential zones.

G. Maintenance, Repair and Removal. Every sign permitted by this title shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the land use authority, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this title, the owner thereof or the person or firm using same shall, upon written notice by the land use authority forthwith in the case of immediate danger, and in any case within not more than 10 days, make such sign conform to the provisions of this title, or shall remove it. If within 10 days the order is not complied with, the land use authority shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.

H. Obsolete Sign Copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the land use authority; and upon failure to comply with such notice, the land use authority is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located. An exception to this regulation shall be signs of a historic nature or signs deemed historic by either the National Historic Register or the Helper City historic preservation committee.

I. Nonconforming Signs. Any sign legally existing at the time of the passage of this title that does not conform in use, location, height or size with the regulations of the zone in which such sign is located shall be considered a legal nonconforming use or structure and shall be permitted to continue in such status until such time as it is either abandoned or removed by its owner, subject to one or both of the following limitations:

1. Structural alterations, enlargement or re-erection are permissible only where such alterations will not increase the degree of nonconformity of the signs.

2. Any legal nonconforming sign shall be removed or rebuilt without increasing the existing height or area if it is damaged, or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds 50 percent of the replacement cost of the sign as determined by the land use authority.

J. Clearance from High-Voltage Power Lines. Signs shall be located not less than 10 feet horizontally or 15 feet vertically from overhead electrical conductors which are energized in excess of 750 volts. The term “overhead conductors” as used in this section means an electrical conductor, either bare or insulated, installed above the ground, except when conductors are enclosed in electrical conduit or other approved material covering of equal strength.

K. Clearance from Fire Escapes, Exits or Standpipes. Signs or sign structures shall not be erected in such a manner that a portion of their surface or supports will interfere with the free use of any fire escape, exit or standpipe.

L. Obstruction of Openings. Signs shall not obstruct openings to the extent that light or ventilation is reduced to a point below that required by this code. Signs erected within five feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics, as determined by the building official. [Ord. 2010-5. Code 1988 § 11-8.2].

18.95.030 Exempt signs.

The following signs shall be exempt from the provisions of this chapter:

A. Official notices authorized by a court, public body or public safety official.

B. Directional, warning or information signs authorized by federal, state or municipal governments.

C. Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.

D. The flag of a government or noncommercial institution, such as a school.

E. Religious symbols and seasonal decorations within the appropriate public holiday season.

F. Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain from the display thereof.

G. Street address signs and combination name plate and street address signs that contain no advertising copy and which do not exceed six square feet in area. [Ord. 2010-5. Code 1988 § 11-8.3].

18.95.040 Prohibited signs.

The following devices and locations shall be specifically prohibited:

A. Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or which obstruct or interfere with a driver’s view of approaching, merging or intersecting traffic.

B. Except as provided for elsewhere in this code, signs encroaching upon or overhanging public right-of-way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.

C. Signs which blink, flash, or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance.

D. Portable signs except as allowed for temporary signs.

E. Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions:

1. The primary purpose of such a vehicle or trailer is not the display of signs.

2. The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.

3. The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and activity used or available for use in the daily function of the business to which such signs relate.

F. Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public.

G. Balloons, streamers or pinwheels except those temporarily displayed as part of a special sale, promotion or community event. For the purposes of this subsection, “temporarily” means no more than 20 days in any calendar year.

H. Permanent off-premises signs or billboards in all zones within Helper City. [Ord. 2010-5. Code 1988 § 11-8.4].

18.95.050 Permits.

A. Permits Required. Unless specifically exempted, a permit must be obtained from the land use authority for the erection and maintenance of all signs erected or maintained within this jurisdiction and in accordance with other titles of this jurisdiction. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this title.

B. Construction Documents. Before any permit is granted for the erection of a sign or sign structure requiring such permit, construction documents shall be filed with the land use authority showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering calculations signed and sealed by a registered design professional where required by the International Building Code and any other applicable ordinance or regulation within this jurisdiction.

C. Changes to Signs. No sign shall be structurally altered, enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing or maintenance of movable parts or components of an approved sign that is designed for such changes, or the content of any sign, shall not be deemed a structural alteration.

D. Permit Fees. Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted within this jurisdiction. [Ord. 2010-5. Code 1988 § 11-8.5].

18.95.060 Specific sign requirements.

A. Identification Signs. Identification signs shall be in accordance with Tables 18.95.060-1, 18.95.060-2, and 18.95.060-3.

B. Wall Signs. Every single-family residence, multiple-family residential complex, commercial or industrial building, and every separate nonresidential building in a residential zone may display wall signs per street frontage subject to the limiting standards set forth in Table 18.95.060-1.

For shopping centers, planned industrial parks or other multiple occupancy nonresidential buildings, the building face or wall shall be calculated separately for each separate occupancy, but in no event will the allowed area for a wall sign for any separate occupancy be less than one-half square foot.

Table 18.95.060-1 Identification Sign Standards – Wall Signs
Land Use	Aggregate Area (square feet)
Single-family residential	Two square feet
Multiple-family residential	Two square feet
Nonresidential in a residential zone	Two square feet
Commercial and industrial	See Table 18.95.060-2

Table 18.95.060-2 Sign Area
Distance of sign from a road or adjacent commercial or industrial zone	Percentage of building elevation permitted for sign area
0 to 100 feet	12.5%
101 to 300 feet	19%
301 feet and over	25%

C. Free-Standing Signs. In addition to any allowable wall signs, every single-family residential subdivision, multiple-family residential complex, and commercial or industrial building shall be permitted to display free-standing or combination signs per street frontage subject to the limiting standards set forth in Table 18.95.060-3.

Table 18.95.060-3 Identification Sign Standards – Free-Standing Signs
Land Use	Number of Signs	Height (feet)	Area (square feet)	Spacing
Single-family residential subdivision entrance	One	Four feet	Four square feet	One per subdivision entrance
Multiple-family residential	One	Four feet	Four square feet	One per driveway
Commercial and industrial	One	See Figures 18.95.070(A), 18.95.070(B)	See Figures 18.95.070(A), 18.95.070(B)	One per driveway

D. Directional Signs. No more than two directional signs shall be permitted per street entrance to any lot. There shall be no limit to the number of directional signs providing directional information interior to a lot. In residential zones directional signs shall be prohibited. For all other zones, the maximum area for any directional sign visible from adjacent property or rights-of-way shall be six square feet. Not more than 25 percent of the area of any directional sign shall be permitted to be devoted to business identification or logo, which area shall not be assessed as identification sign area.

E. Temporary Signs. Temporary signs shall be permitted in all zones in accordance with Tables 18.95.060-1, 18.95.060-2 and 18.95.060-3.

F. Real Estate Signs. Real estate signs shall be permitted in all zoning districts, subject to the following limitations:

1. Real estate signs located on a single residential lot shall be limited to one sign, not greater than six feet in height and six square feet in area.

2. Real estate signs advertising the sale of lots located within a subdivision shall be limited to one sign per entrance to the subdivision, and each sign shall be no greater than 32 square feet in area nor six feet in height. All signs permitted under this section shall be removed within 10 days after the sale of the last original lot.

3. Real estate signs advertising the sale or lease of space within commercial or industrial buildings shall be no greater than 32 square feet in area nor 10 feet in height, and shall be limited to one sign per street front.

4. Real estate signs advertising the sale or lease of vacant commercial or industrial land shall be limited to one sign per street front, and each sign shall be no greater than 10 feet in height, and 32 square feet in area for property of 10 acres or less, or 64 square feet in area for property exceeding 10 acres.

5. Real estate signs shall be removed not later than 10 days after execution of a lease agreement in the event of a lease, or the closing of the sale in the event of a purchase.

G. Development and Construction Signs. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, engineers, the nature of the project or anticipated completion dates, shall be permitted in all zoning districts, subject to the following limitations:

1. Such signs on a single residential lot shall be limited to one sign, not greater than six feet in height and 32 square feet in area.

2. Such signs for a residential subdivision or multiple residential lots shall be limited to one sign, at each entrance to the subdivision or on one of the lots to be built upon, and shall be no greater than six feet in height and 32 square feet in area.

3. Such signs for nonresidential uses in residential districts shall be limited to one sign, and shall be no greater than six feet in height and 32 square feet in area.

4. Such signs for commercial or industrial projects shall be limited to one sign per street front, not to exceed 12 feet in height and 64 square feet in area.

5. Development and construction signs may not be displayed until after the issuance of construction permits by the building official, and must be removed not later than 24 hours following issuance of an occupancy permit for any or all portions of the project.

H. Special Promotion, Event and Grand Opening Signs. Signs temporarily displayed to advertise special promotions, events and grand openings shall be permitted for nonresidential uses in a residential district, and for all commercial and industrial districts subject to the following limitations:

1. Such signs shall be limited to one sign per street front.

2. Such signs may be displayed for not more than 30 consecutive days in any three-month period, and not more than 60 days in any calendar year. The signs shall be erected no more than 14 days prior to the event or grand opening, and shall be removed not more than five days after the event or grand opening.

3. The total area of all such signs shall not exceed six square feet in any single-family residential district, six square feet in any multiple-family residential district and 130 square feet in any commercial or industrial district.

I. Special Event Signs in Public Ways. Signs advertising a special community event may be allowed in or over public rights-of-way, subject to approval by the land use authority as to size, location and method of erection. The land use authority may not approve any special event signage that would impair the safety and convenience of use of public rights-of-way, or obstruct traffic visibility.

J. Portable Signs. Portable signs shall be permitted only in the commercial and industrial zones, as designated in this code, subject to the following limitations:

1. No more than one such sign may be displayed on any property, and shall not exceed a height of four feet nor an area of 12 square feet.

2. Such signs shall be displayed not more than 20 days in any calendar year.

3. Any electrical portable signs shall comply with the International Electric Code, as adopted in this jurisdiction.

4. No portable sign shall be displayed prior to obtaining a sign permit.

K. Political Signs. Political signs shall be permitted in all zoning districts, subject to the following limitations:

1. Such signs shall not exceed a height of four feet, nor an area of 12 square feet.

2. Such signs for election candidates or ballot propositions shall be displayed only for a period of 60 days preceding the election and shall be removed within 10 days after the election; provided, that signs promoting successful candidates or ballot propositions in a primary election may remain displayed until not more than 10 days after the general election.

3. Such signs shall not be placed in any public right-of-way or obstruct traffic visibility.

L. Requirements for Specific Sign Types. Signs of specific type shall be in accordance with subsections (A) through (G) of this section.

M. Canopy and Marquee Signs.

1. The permanently affixed copy area of canopy or marquee signs shall not exceed an area equal to 25 percent of the face area of the canopy, marquee or architectural projection upon which such sign is affixed or applied.

2. Graphic striping, patterns or color bands on the face of a building, canopy, marquee or architectural projection shall not be included in the computation of sign copy area.

N. Awning Signs.

1. The copy area of awning signs shall not exceed an area equal to 25 percent of the background area of the awning or awning surface to which such a sign is affixed or applied, or the permitted area for wall or fascia signs, whichever is less.

2. Neither the background color of an awning, nor any graphic treatment or embellishment thereto such as striping, patterns or valances, shall be included in the computation of sign copy area.

O. Projecting Signs.

1. Projecting signs shall be permitted in lieu of free-standing signage on any street frontage limited to one sign per occupancy along any street frontage with public entrance to such an occupancy, and shall be limited in area to one square foot per each three lineal feet of building frontage, except that no such sign shall exceed an area of 32 square feet.

2. No such sign shall extend vertically above the highest point of the building facade upon which it is mounted by more than 20 percent of the height of the building facade.

3. Such signs shall not extend over a public sidewalk in excess of 75 percent of the width of the sidewalk. Signs may extend over a sidewalk an additional five percent for each additional one foot the sign is hung above the minimum vertical distance above a sidewalk, to a maximum of 95 percent of the width of the sidewalk. Vertical sign area can only project out four feet from the face of the building.

4. Such signs shall maintain a clear vertical distance above any public sidewalk a minimum of 10 feet.

P. Under-Canopy Signs.

1. Under-canopy signs shall be limited to no more than one such sign per public entrance to any occupancy, and shall be limited to an area not to exceed eight square feet.

2. Such signs shall maintain a clear vertical distance above any sidewalk or pedestrian way a minimum of 10 feet.

Q. Roof Signs.

1. Roof signs shall be permitted in commercial and industrial districts only.

2. Such signs shall be limited to a height above the roof-line of the elevation parallel to the sign face of no more than 30 percent of the height of the roof-line in commercial districts and 30 percent of the height of the roof-line in industrial districts.

3. The sign area for roof signs shall be assessed against the aggregate permitted area for wall signs on the elevation of the building most closely parallel to the face of the sign.

R. Window Signs. Window signs shall be permitted for all commercial and industrial districts, subject to the following limitations:

1. The aggregate area of all such signs shall not exceed 25 percent of the window area on which such signs are displayed. Window panels separated by muntins or mullions shall be considered as one continuous window area.

2. Window signs shall not be assessed against the sign area permitted for other sign types.

3. Temporary window signs shall not be considered when determining window sign percentages. “Temporary window signs” shall mean any sign made of paper, cardboard or other nonpermanent material, that temporarily advertises the sale of goods or services for a time period not to exceed 30 days.

S. Menu Boards. Menu board signs that exceed 32 square feet in size shall not be permitted. [Ord. 2017-3 § 1; Ord. 2016-1 § 1; Ord. 2010-5. Code 1988 § 11-8.6].

18.95.070 Signs for development complexes.

A. Master Sign Plan Required. All landlord- or single-owner-controlled multiple-occupancy development complexes on parcels exceeding four acres in size, such as shopping centers or planned industrial parks, shall submit to the land use authority a master sign plan prior to issuance of new sign permits. The master sign plan shall establish standards and criteria for all signs in the complex that require permits, and shall address, at a minimum, the following:

1. Proposed sign locations.

2. Materials to be used in construction of signs.

3. Type of illumination.

4. Design of free-standing sign structures.

5. Size.

6. Quantity.

7. Uniform standards for nonbusiness signage, including directional and informational signs.

B. Development Complex Sign. In addition to the free-standing business identification signs otherwise allowed by this title, every multiple-occupancy development complex shall be entitled to one free-standing sign per street front, at the maximum size permitted for business identification free-standing signs, to identify the development complex. No business identification shall be permitted on a development complex sign. Any free-standing sign otherwise permitted under this title may identify the name of the development complex.

C. Compliance with Master Sign Plan. All applications for sign permits for signage within a multiple-occupancy development complex shall comply with the master sign plan.

D. Amendments. Any amendments to a master sign plan must be signed and approved by the owner(s) within the development complex before such amendment will become effective.

Figure 18.95.070(A)

On-premises free-standing signs commercial and industrial zones

Vehicular speed subject to posted limits under 35 miles per hour

Figure 18.95.070(B)¹

On-premises free-standing signs commercial and industrial zones

Vehicular speed subject to posted limits between 35 and 55 miles per hour (inclusive)

[Ord. 2021-6 § 1; Ord. 2010-5. Code 1988 § 11-8.7].

18.95.080 Sample general sign types.

The following graphics in Figures 18.95.080(A) through 18.95.080(D) depict general sign types and how sign area is computed.

Figure 18.95.080(A)

General Sign Types

Figure 18.95.080(B)

General Sign Types

Figure 18.95.080(C)

Computing Sign Area

Figure 18.95.080(D)

Computing Sign Area

[Ord. 2010-5. Code 1988 § 11-8.8].

Article II. Historic District

Prior legislation: Ord. 96-9.

18.95.090 Definitions.

For purposes of this article, the following abbreviations, terms, phrases, and words shall be defined as specified in this section:

“Abandoned sign” means any sign which is obsolete or which has not been properly maintained for a period of three months, at which time such a sign can be removed by the city and a removal fee charged to the owner.

“Alterations” as applied to a sign means change or rearrangement in the structural parts or its design, whether by extending on a side, by increasing in area or height, or in moving from one location or position to another.

Area of Sign. The area of a sign shall include the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure, or character. The area of the sign having no perimeter or border shall be computed by enclosing the entire area within a parallelogram, circle or triangle of the smallest size sufficient to cover the entire area of the sign and computing the area of the parallelogram, circle or triangle. The area of the second side of a two-sided sign shall not be included when calculating signage area unless the sides diverge more than 30 degrees. Where a sign has more than two faces, the total area of the third face and all additional faces shall be included in determining the area of the sign. All existing signs, whether conforming or nonconforming signs, shall be counted in establishing the permitted area of size of all new signs to be allowed on the property.

“Balcony” means a platform that projects from the wall of a building and is surrounded by a railing or balustrade.

“Banner” shall include signs and posters which are made of flexible material and which are usually hung by grommets or ropes.

“Billboard” or “off-premises sign” means a permanent outdoor advertising sign which advertises goods, products, or services not necessarily sold on the premises on which said sign is located.

“Building face or wall” means all window and wall area of a building in one plane or elevation.

“Canopy” means a roofed structure constructed of fabric or other material placed so as to extend outward from a building providing a protective shield for doors, windows, and other openings, supported by the building and supports extended to the ground directly under the canopy or cantilevered from the building.

“Changeable copy sign” means a sign which is characterized by changeable copy, whether said sign is free-standing or wall sign, or whether said sign projects from and is supported by a building.

“Commission” means the historic preservation commission of Helper City, Utah.

“Community or civic event” means a public event which is of interest to the community as a whole rather than the promotion of any product, political candidate, religious leader or commercial goods or services.

“Directional signs (guide signs)” means signs which serve as directional guides to recognized areas of regional importance and patronage. To clarify and define such areas of regional importance and patronage, two types of areas are intended to be included:

1. Recreational, entertainment, and cultural attractions of recognized regional significance.

2. Historical landmarks.

“Free-standing sign” means a sign which is supported by one or more uprights or braces which are fastened to or embedded in the ground or a foundation in the ground. Free-standing signs refer to on-premises advertising or project identification signs for the purpose of this code.

Height of Sign. The “height of a sign” is the vertical distance measured from the ground plane to the top of the sign, including the air space between the ground and the sign.

Historic District. The Helper Historic District is located within the present city limits of Helper, Utah. The district is entirely within the E 1/2 of the NE 1/4 of Section 24, Township 13 South, Range 9E Salt Lake City Standard Meridian. The district is bounded on the north by Janet Street, on the west by First West Street, on the south by Locust Street and on the east by the Denver and Rio Grande Western (D and RGW) railyards. The size of the district is somewhat less than 40 acres and includes, but is not limited to, the entire extent of Pratt’s and Mead’s Survey Plats.

Historic Signs and Murals. Those signs and wall murals identified by the historic commission and having historical significance can be preserved and/or maintained and are exempt from abandoned sign restrictions.

“Hours of operation sign” means a sign which displays hours of operation, including “open” and “closed” signs.

“Low profile sign” means an on-premises identification sign having a maximum height of 10 feet.

“Master identification sign” means a sign which identifies only the name and/or logo and/or address of a commercial or industrial complex, the owner and tenants thereof.

“Name plates” means signs identifying the name, occupation, and/or professions of the occupants of the premises.

“Nonconforming sign (legal)” means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this code and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this code.

“On-premises or business identification sign” means a sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered, or conducted on the premises upon which the sign is located, or to which it is affixed.

“Projecting sign” means a sign attached to a building or other structure and extending in whole or in part more than 12 inches beyond any wall of the building or structure.

“Public necessity sign” means a sign which informs the public of any danger or hazard existing on or adjacent to the premises.

“Public property” means any property owned by a governmental entity.

“Sign” shall mean and include every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interest of any person, entity, product, or service. The definition of sign shall also include the sign structure, supports, lighting system, and any attachments, ornaments or other features used to draw the attention of observers.

“Signage plan” means a plan designed to show the relationship of signs for any cluster of buildings or any single building housing a number of users or in any arrangement of buildings or shops which constitute a visual entity as a whole. One such plan is required per each 1,000 continuous footage of business complex.

“Solicitation sign” means a sign used to advise solicitors that they are not welcome on the property.

“Special purpose sign” means a sign of a temporary nature other than those established by a business; for the purpose of advertising a special event pertaining to drives or events of a civic, philanthropic, educational, or religious organization.

“Special sale signs” means temporary signs used to advertise a special sale on the premises.

“Structure” means the supports, uprights, bracing, guy rods, cables, and framework of a sign or outdoor display.

“Subdivision or project entrance sign” means an identification sign located at the entrance to a residential or commercial development.

“Temporary sign” means a sign which is intended for use during a specified limited time. Temporary signs, as defined by this code, shall include real estate signs and construction signs.

“Theater marquee” means a permanent structure with changeable letters which is used to advertise theater events.

Wall Murals. Murals which are purely decorative in nature and content, and do not include advertising by picture or verbal message are exempt from sign regulation.

“Wall sign” means a sign with messages or copy erected parallel to and attached to or painted on the outside wall of a building and extending not more than 12 inches from the wall.

“Window sign” means a sign installed upon or within one foot of a window for the purpose of viewing from outside of the premises. This term does not include merchandise displayed.

“Zone district” refers to land use regulatory zones under the zoning ordinances of Helper City. [Ord. 2002-1 § 1].

18.95.100 In general.

A. Purposes and Scope. The city council of Helper City, Utah, finds and declares that by controlling and standardizing signage in the Helper City National Historic District, the regulations set forth in this article will reduce potential hazards to motorists and pedestrians; encourage signs which, by their good design, are integrated with and harmonious to the buildings and sites which they occupy; encourage sign legibility through elimination of excessive and confusing sign displays; prevent confusion of business signs with traffic regulations; preserve and improve the appearance of the historic district as a place in which to live and work; create an attraction to nonresidents to come to visit or trade; allow each individual business to clearly identify itself and the goods and services which it offers in a clear and distinctive manner; safeguard and enhance property values; protect public and private investment in buildings and open space; educate the public about the significance of historic sites and artifacts; supplement and be a part of the zoning regulations imposed by Helper City; and promote the public health, safety, and general welfare of the citizens of Helper City.

B. Interpretation. The historic preservation commission shall have the authority and duty to interpret the provisions of this article.

In interpreting and applying the provisions of this article the sign requirements contained herein are declared to be the maximum allowable for the purpose set forth. The types of signs allowable by this article shall be plenary and sign types not specifically allowable as set forth within this title shall be prohibited. [Ord. 2002-1 § 2].

18.95.110 Application and review procedures for permanent signs.

A. Permits. After the effective date of the ordinance codified in this article, no person shall erect, alter, or relocate any permanent or temporary sign within the Helper City Historic District without first obtaining a sign permit and a building permit from the historic commission, unless the sign is exempt under this code. Any person who hangs, posts, or installs a sign which requires a permit under this code and who fails to obtain a permit before installing the sign shall be guilty of a class C misdemeanor and shall be fined accordingly.

B. Preapplication Conference. A preapplication conference with the historic preservation commission is encouraged in order for the applicant to become acquainted with application procedures, design standards, and related city ordinances. Completed sign permit applications are to be submitted to the historic preservation commission. The staff may assist in the preparation of the application, and shall provide information to applicants on the regulations created by this article.

C. Applications. Applications for sign permits for permanent signs must include the following:

1. A sign plan drawn to scale which specifies the location of the sign structure, or drawings, or current photographs which show the scale of the sign in context with the scale of the building if the sign is to be mounted on the building.

2. Colored rendering or scaled drawing including dimensions of all sign faces, descriptions of materials to be used, manner of construction and method of attachment, and color samples.

3. A complete signage plan for any commercial building which houses more than one use. This must be submitted prior to issuance of a permit for any one sign on the building.

4. A sign permit application on the form provided by the commission. All signs valued over $500.00 (labor and materials) must be fabricated and installed by a sign contractor licensed to do business in the state of Utah. Application must include the dollar value of the sign and the license number of the contractor, if required.

D. Review Procedures. Complete sign permit applications will be reviewed by the commission within 10 working days of receipt of the complete application. The application will be either approved, denied, or returned with requested modifications. The commission must approve the application before a permit can be issued. The commission may return the application for modifications or clarification. If a permit application has not been processed within 10 working days, and written reasons given for the denial of the permit issued within that time, the application is deemed approved. Any applicant who believes the denial was not justified has the right to appeal to the commission and to appear at the next regularly scheduled meeting for which proper notice can be given and agenda time is available. Intention to take an appeal shall be filed with the commission in writing within five business days following the denial of the permit.

Applicants may have any action of the historic preservation commission reviewed by the city council by petitioning in writing for a hearing before that body within 10 days following historic preservation commission action on the sign permit. [Ord. 2002-1 § 3].

18.95.120 Types of signs allowed.

The following types of signs are allowed within the Historic District subject to commission review based upon the regulations set forth in this code:

A. Free-Standing Signs.

1. Height Limit. Free-standing signs are limited to low profile signs which may not exceed a height of 10 feet measured from the ground to the top of the sign.

2. Design. Free-standing monument signs with solid or enclosed bases are permitted. Signs supported by at least two poles without enclosed bases are also permitted; provided, that the exposed pole’s height does not constitute more than 50 percent of the sign’s overall height (i.e., the height of the open area beneath a sign cannot exceed 50 percent of the sign’s total height).

3. Size. Free-standing signs shall be limited to a maximum of 36 square feet in area unless the building to which the sign applies has no other signage. However, in no case may the area of a free-standing sign exceed a total of one square foot for every three feet of frontage occupied by the business or enterprise or five percent of the building facade to which the sign applies.

4. Density. Businesses, projects or parcels are limited to one free-standing sign except that buildings with more than 1,000 feet of continuous frontage and with more than one entrance may, subject to commission approval, install a free-standing sign at each entrance; provided, that the combined square footage of all free-standing signs does not exceed 72 square feet (two 36-square-foot signs). Where there is frontage on more than one street, each frontage is treated independently. Signage area may not be transferred from one frontage to another.

5. Content. Because it is the city’s intent to facilitate traffic flow and avoid traffic hazards caused by confusing or cluttered signage, and because tourists, who may be looking for a specific business, often depend on sign text that assimilates business names as listed in telephone directories or other promotional advertisements, free-standing signs are permitted for the purpose of identifying the name of the building or one business only and the primary product sold (e.g., food, coffee).

B. Window Signs. Permanent window signs may be placed in or upon any street level window; provided, that no more than 50 percent of the total transparent area of the window is obscured. Windows on or above the elevation of the second floor level shall be limited to not more than two rows of lettering identifying the business with characters not exceeding six inches in height.

C. Wall Signs. Wall signs may be placed upon a building; provided, that they meet the size, material, content, location and other standards of this article. Wall signs shall be placed so as to utilize existing architectural features of a building without obscuring them.

D. 1. Projecting signs shall be permitted in lieu of freestanding signage on any street frontage limited to one sign per occupancy along any street frontage with public entrance to such an occupancy. No such sign shall exceed an area of 60 square feet, with a maximum vertical section area of 40 square feet and a horizontal section area of 20 square feet.

2. No such sign shall extend vertically above the highest point of the building facade upon which it is mounted by more than 20 percent of the height of the building facade.

3. No such sign shall extend over a public sidewalk in excess of 75 percent of the width of the sidewalk. Signs may extend over a sidewalk an additional five percent for each additional one foot the sign is hung above the minimum vertical distance above the sidewalk, to a maximum of 95 percent of the width of the sidewalk. Vertical sign area can only project out four feet from the face of the building.

4. Such signs shall maintain a clear vertical distance above any public sidewalk a minimum of 10 feet.

E. Hanging Signs. A hanging sign may be placed on a building or underneath an approved canopy, awning, or colonnade, as long as it does not project beyond the same. It must have at least eight feet of ground clearance, unless reduced according to the projection and clearance provisions of HMC 18.95.140(C), and cannot be higher than the building to which it is attached.

F. Awnings. Awnings are permitted as signage provided they blend with the architecture of the building and do not obscure details of the building. Awnings should serve as an accent to the building’s design but should not be the dominant architectural feature. Awnings are counted as signage if they have lettering or other graphics conveying a commercial message or name of a business or project sold in the building to which the awning is attached.

1. Signage Area. Only 20 percent of any one face of an awning may be used for signage regardless of the size of the building facade to which the sign applies.

2. Material. Only nylon or canvas will be permitted. Material should be high quality, colorfast and sunfade resistant. Vinyl or plastic materials are not considered appropriate in the Historic District.

3. Color. Awning colors are generally limited to a single field color with a single contrasting color for lettering and logos. However, if the awning is striped in a traditional manner, either with vertical stripes along the entire awning or horizontal stripes along the valance, two field colors may be used. Corporate colors may be used only if they conform to color requirements as specified in HMC 18.95.130(E).

4. Illumination. Illuminated (back-lit) translucent awnings or translucent letters on opaque backgrounds are not permitted. Canvas or nylon awnings illuminated in the traditional manner with incandescent lighting are permitted.

5. Clearance and Projection. Awnings must have a minimum clearance of eight feet to the frame and seven feet to the bottom of the valance. They may project a maximum of 36 inches from the face of the building.

6. Entrance Canopies. Entrance canopies may be used only if they lead to a bona fide business entrance and if they are compatible with the architecture of the building. Entrance canopies may exceed the 36-inch projection if the end of the canopy remains within the 25-foot setback from the street.

7. Location of Awnings. Awnings may only be hung above doors, windows, or walkways, provided said walkways lead to a bona fide entrance. All other locations are prohibited. Free-standing awning signs are prohibited.

G. Illuminated Signs. Illuminated signs are permitted subject to the provisions of HMC 18.95.130(F).

H. Neon Signs. Neon used to draw attention to a business or building in any manner, including (but not limited to) neon text, logos or outlining of a building’s architectural features, is considered signage and shall be regulated according to the provisions of this code as follows:

1. Size. All other size requirements set forth in this code must be adhered to.

2. Location. Neon signage must be located within a building and displayed through a window rather than being attached to the exterior of the building. If the neon signage is located within 10 feet of the front window, it is considered signage and must have a permit. Neon located 10 feet back from the window is considered interior lighting and is not regulated. The neon sign must be designed to be compatible with the space in which it is located, and have a sense of balance and proportion.

3. Colors. The following historic colors are permitted in the Historic District in primary shades only: red, yellow, white, blue, green. All others are prohibited.

4. Content. Neon signage may include the name of the business and may possibly include a description of use in conjunction with the name (e.g., Dolly’s Bookstore). Graphics and symbols may be permitted and should be historic or traditional in design.

5. Prohibited Neon Signs. Message/sales promotion signs in neon are prohibited. Neon may not flash, move, alternate, or show animation.

6. Commission Review. The historic commission shall review neon signs at its option if or when there are questions about compliance with these requirements.

I. Changeable Copy Signs. Changeable copy signs may only be used in conjunction with theaters, entertainment facilities, nonprofit art galleries, or similar exhibit facilities or master address identification signs in conjunction with a signage plan.

J. Directory Sign. Directory signs shall be permitted to provide information for multi-tenant projects. Multi-tenant projects, either commercial or residential, may have a maximum of 36 square feet of signage to serve as a directory for the project. Each phase of an expandable condominium or other phased project shall be considered a part of the initial phase for signage purposes if the project is joined by a common conditional use permit, zoning approval or management structure. The contents of such signs shall be limited to the name of the multi-tenant structure, its street address, and the names and unit numbers of the tenants of the project. Signs shall be located in the common area of the project and oriented toward a central pedestrian path or common parking area. Directory signs may not be oriented for off-site viewing. No telephone numbers, rental information, or sales information shall be permitted on the directory sign.

K. Name Plates for Multifamily Residences. Individual name plates may be used in lieu of a directory sign on multifamily projects. They may be located near the entrance of the unit to which the sign applies and shall be limited to one square foot in size. The content of name plates shall be limited to the name of the residence and the unit number or street address. Directory signs may not be used in conjunction with individual name plates except that each unit may be identified by a unit number.

L. Menu Display. Menus for restaurants may be displayed on the inside of windows of a restaurant or inside a wall-mounted or free-standing display box. Free-standing display boxes shall be designed and constructed to withstand wind and may be located only on private property. The maximum size shall be two square feet and shall be included in the calculation of total wall or window signage. If a display box is used, it must be constructed to coordinate with the building design, must contain a clear face which would protect the menu from the weather and must not extend over public property.

M. Entrance/Exit Signs. Two entrance/exit signs are allowed at each approved driveway opening for commercial uses and multi-tenant dwellings; provided, that each sign is not larger than three square feet per side and no higher than five feet above the ground at the top of the sign.

N. Directional or Guide Signs. Directional or guide signs which give direction to recognized areas of regional importance and patronage may be a maximum of 16 square feet and must be approved by the commission.

O. Public Necessity Sign. Public necessity signs such as “Bus Stop,” “No Parking” and street name signs may be a maximum of 12 square feet and must be approved by the commission if the sign is to remain in place for more than five working days. These signs shall contain no advertising of any kind. This shall not apply to signs erected by the city, State Highway Department, franchised utilities, or their contractors.

P. Special Purpose Signs. Signs and banners promoting events sponsored by civic, charitable, educational, or other nonprofit organizations may be erected on private property up to two weeks in advance of the event being promoted. These signs shall be removed within five days following the conclusion of the event. Signs or banners located on or over public property easements or rights-of-way are subject to the requirements of this article and require preapproval by the city council. (Requirements for the erection of banners over public property are found in HMC 18.95.150(K).) Special purpose signs erected on private property shall be erected only after issuance of a permit.

Q. Temporary Signs. Temporary signs are permitted subject to the requirements found in HMC 18.95.150. [Ord. 2017-5 § 1; Ord. 2002-1 § 4].

18.95.130 Design standards.

All regulated approved signs must comply with the following design standards:

A. Size Requirements. The total area of all permanent signs on one building face, including window signs, wall signs, projecting signs, and hanging signs, shall not exceed 100 square feet per building face. If additional signage is necessary, the commission may grant additional signage, but in no case may the total signage area exceed five percent of the building face to which the sign is attached.

B. Area of Sign. (See definitions in HMC 18.95.090.)

C. Signage Plans. Buildings or clusters of buildings having more than one tenant or use shall provide a signage plan for the entire structure or project. The signage plan must be designed so that it establishes a common theme or design, uses similar construction methods, has compatible colors, lettering, lettering style, symbols, scale and size of signs and/or identical background.

Signage plans for office buildings must have their primary focus on the identification of the building, and the individual tenants may be identified by using the small lettering on a window or door or directories. Total signage area within the plan is subject to the maximum size limitations of this article. Signage area cannot be transferred to a single building or facade from other buildings in the project.

D. Sign Materials. Exposed surfaces of signs may be constructed of metal, glass, stone, concrete, brick, cloth, or solid wood. Other materials may be used in the following applications:

1. Face. The face or background of a sign may be constructed of approved exterior signboard if the face of the sign is painted and the edges are framed and sealed with silicone. Plywood is prohibited except on temporary signs where painted plywood may be used. Polycarbonate or other synthetic materials may be used if approved by the manufacturer for sign purposes with an expected life of at least five years.

2. Letters. Synthetic or manufactured materials may be used for individual cut-out or cast letters in particular applications where the synthetic or manufactured nature of the material would not be obvious due to its location in the building and/or its finish. Ivory colored plastic may be used for internally illuminated letters. Other materials may be approved by the commission at its discretion, but are otherwise prohibited. The sign’s materials should be compatible with the face of the building and should be colorfast and resistant to corrosion.

E. Color. Signs must be finished in subdued earth tone colors. Earth tones may be defined in this context to include the full spectrum of soil and clay colors. Spectrums of off-whites to deep browns, and light grays to black provide a wide range of acceptable colors. Brighter colors may be used provided they are imbued with brown or black tones. For example, pink imbued with brown would tend toward mauve and would be acceptable. Bright reds imbued with brown or black tones give a deeper burgundy or maroon color and may also be acceptable. Colors should complement the color scheme of the building. A matte or flat finish is required for all painted surfaces. In no case will neon, day-glo, fluorescent, reflective colored or holographic or sparkle materials that give the appearance of changing color or brilliant luminescent colors be permitted.

F. Illumination.

1. Externally Illuminated Signs. Light fixtures for externally illuminated signs must be simple in form and mounted so they do not obscure building ornamentation. The light fixtures should emphasize the continuity of the building surface and should not clutter the building in an unorganized manner. Spot lights and flood lights shall be directed only at the sign surface. Light shall not be directed off the property. No exposed light sources are allowed, and all light sources must be shaded to contain light rays to the sign. Colored lighting is prohibited.

2. Internally Illuminated Signs. Internally illuminated signs are not considered appropriate in the Historic District and are prohibited. One exception is the historic movie marquee of the type displayed on the Strand Theater. Additional exceptions will be identified in Appendix A, the Historic District Sign Inventory, which is attached to the ordinance codified in this article.

G. Sign Content. Signs shall be limited in content to material that is intended to be permanent (with the exception of theater or gallery marquees). The name of the business, the nature of the goods or services offered, and street address may be contained in the signs except that a free-standing sign may only identify the name of the building or one business.

Statements of prices for specific items, listing of items beyond a general category of merchandise, or similar information directed at the merchandise sold or service provided, rather than the identification of the business, are prohibited. The use of logotypes or other symbols is appropriate in addition to the name of the business. Applications for signs which contain misleading content or false information shall be denied.

In each instance, and under the same conditions to which this article permits any sign, a sign containing an ideological, political, or other noncommercial message shall not be permitted. [Ord. 2002-1 § 5].

18.95.140 Location standards.

A. Location on Building. Architectural details of a building often suggest a location, size, or shape for a sign. Signage should complement the architectural details of the building. Signs should help to establish a visual continuity with adjacent store fronts and relate directly to the store entrance. Signs must be oriented toward pedestrians or vehicles in close proximity; signs oriented for distance viewing will not be permitted. Signs shall be designed and located on the building or on the premises in a manner that is compatible with the mass and scale of the building to which the sign applies. Signs must not obscure architectural details of the building; nor cover doors, windows, or other integral elements of the facade. Signs shall not obstruct views of nearby intersections and driveways.

B. Setback Requirements. Permanent signs shall not be placed in the setback area as defined for the zone in which the sign is located.

C. Projection and Clearance. No sign may project more than 36 inches from the face of a building or pole. Projecting and hanging signs must maintain at least eight feet of clearance from ground level. Clearance for signs projecting or hanging over landscaped areas may be reduced to seven feet if the sign is set back at least three feet from any hard surface or pavement. Signs may not extend over the applicant’s property line except those which are proposed to be placed over the Main Street sidewalk. Signs may extend over city property only with the written approval of the city council. [Ord. 2002-1 § 6].

18.95.150 Temporary signage and portable yard signs.

A. Policy. It is the policy of the city as outlined in this subsection to restrict the use of temporary signage. Temporary signage is often poorly constructed, poorly maintained, and located in a manner that obscures traffic signs, views of intersections of public and private streets and driveways and tends to depreciate the scenic beauty and quality of life of the community by creating visual clutter. Temporary signage has a place in the community for specialized purposes, such as announcing properties for sale or lease, construction activities, temporary sales, or making political or ideological statements. Temporary signage is permitted for those and similar purposes subject to the regulations of this section.

B. Temporary Signs. Temporary signs are those signs which are installed on a property with the intent of displaying them continuously for more than 24 hours, but which are not a part of a permanent land use on the property, and are not intended to be displayed for more than one year. Temporary signs include signs announcing properties for sale, lease or rent, and campaign signs and other similar signs of a noncommercial nature. Temporary signs are permitted subject to the following regulations on placement and location:

1. Size. Temporary signs (other than construction project entry signs dealt with in subsection (C) of this section) shall not exceed three square feet of area on the exposed sign face.

2. Location. Temporary signs are permitted in any zone; provided, that they are located a minimum of 20 feet back from the edge of the curb, or edge or pavement where there is no curb, of the street on which the sign fronts. Signs must be parallel to the street on which the building fronts and placed in front of the front facade with the building as a backdrop. Signs may not be positioned in the side yard. Signs may be displayed through windows or other glass areas subject to the restrictions of HMC 18.95.160. On vacant lots, where there is no structure, the sign shall be approximately centered on the lot and shall maintain the 20-foot setback from the street.

3. Height. No portion of the sign shall extend more than six feet above the existing ground level (without snow) at the location of the sign. Mounting devices may extend above the sign by not more than six inches.

4. Number. Only one temporary sign is permitted on any one parcel of property, except that for 60 days preceding a general or special election, up to three temporary signs may be placed on any one parcel of property, all of which must be in compliance with the size, color, and placement standards of this article.

C. Temporary Signage for Construction Projects. Because of the unique need to identify construction projects clearly for material suppliers, deliveries, construction workers, and to allow for initial marketing, temporary construction project entry signs are permitted subject to the following regulations:

1. Size. Projects containing four or more dwelling units, or 4,000 square feet or more of commercial floor area, are allowed one project sign on the property in conjunction with a project under development or construction. Three square feet of signage area is allowed for each residential unit, and two square feet of signage is allowed for each 1,000 square feet of commercial floor area; provided, that in no event may the sign exceed 32 square feet in area, or as required by grant criteria pertaining to governmental funding.

2. Location. Temporary signage on construction sites may not be closer than 20 feet to the curb line (or edge of pavement if there is no curb) of the street on which the project fronts, which is the street providing access to the project. If that 20-foot setback places the sign within the construction limits of disturbance, the sign may be placed closer to the street, but not more than 10 feet outside of the construction limits of the disturbance.

3. Height. Construction project signs may not exceed 10 feet in vertical height from the ground at the point where the sign is located. Signs mounted on a construction barricade or fence may not extend above the height of the barricade or fence.

4. Clear Window Maintained. Construction project signs must be located in a manner that does not obstruct the view of adjoining streets from the driveway of the site to the adjoining street, for normal passenger vehicles.

5. Time Limit. Temporary construction project signs are to be installed upon granting of conditional use permits by the commission for the project the sign pertains to or upon the issuance of footing and foundation permits on permitted uses which do not require conditional use approval. On conditional uses, if the footing and foundation permits have not been taken out within six months of the erection of the sign, the sign must be removed until permits are issued. Temporary project signs must be removed until permits are issued. Temporary project signs must be removed within 30 days from the date the last certificate of occupancy is given on the site. If a subsequent phase is commenced during that time, the sign may remain so long as construction continues on the project’s initial construction. If a permanent sign is constructed on the site, all temporary signage must be removed. When a project is owned by one party and units are being marketed, but the time limit is beyond the 30 days after a certificate of occupancy is issued, the commission may authorize the temporary placement of a sign which is subject to the limitations of this subsection (C), except that it may be displayed for a period of 90 days. This sign would be in lieu of standard real estate signs.

D. Portable Yard Signs. Portable yard signs are signs intended to be displayed for less than 24 hours at a time for the purpose of announcing a garage sale, yard sale, open house, or similar event on a property. Portable yard signs may be located in any zone subject to the following regulations:

1. Number. No more than two yard signs are permitted, one of which must be on the property to which the sign pertains, and the other placed off-site for directional purposes. If the property is located on a cul-de-sac or dead end street, one additional off-site sign may be placed off-site for directional purposes.

2. Location. Yard signs may be located anywhere on the property to which the sign pertains. Off-site yard signs may be located within the public right-of-way, but not within the paved area of any street, and not on any sidewalk. Off-site yard signs must be weighted with sand bags or otherwise supported to withstand the forces of the wind. Yard signs may not be attached to street sign posts, light posts, public utility poles, or any other facility within the public right-of-way. Signs so placed are deemed refuse, and will be removed by the city.

3. Size. Yard signs shall not exceed three square feet in area on any sign face, but may be double-sided, awning or A-frame type construction, for a total sign area of six square feet.

4. Time Limit. Yard signs shall be displayed only immediately prior to and during the yard sale, garage sale, or open house actually in progress, and shall be removed at sundown if located within public rights-of-way to avoid creating a trip hazard to the public using the streets and sidewalks. Yard signs may not be displayed for more than 24 hours. The owner or erector of the sign is subject to a fee per sign removal charge in an amount set forth by resolution if the sign is removed by the city as refuse. In addition, the owner or erector shall be guilty of a misdemeanor for littering.

E. Mounting Devices. Temporary and yard signs, excluding construction project entry signs, shall be mounted on hardware of wood or painted metal, no part of which shall be greater than four inches by four inches in cross section. Construction project signs, because of their larger size and the increased risk of disruption nearby, shall be mounted on at least two four-inch-by-four-inch posts with back bracing. Mounting hardware shall be painted or stained in earth tones. No message may be written on the mounting hardware, so that the entire message area of the sign is contained on the sign face itself.

F. Lighting Prohibited. No temporary sign, yard sign, or construction project entry sign may be illuminated in any manner.

G. Color and Materials. Temporary signs and construction project signs are subject to the design standards of HMC 18.95.130. Paper and cardboard signs are prohibited. “Yard Sale” and “For Sale” signs are specially excluded from this requirement.

H. Maintenance. Temporary signs shall be maintained as provided in HMC 18.95.190, and it shall be a violation of this article to permit a temporary sign, yard sign or construction project entry sign to fall into disrepair.

I. Exceptions. Where there are conditions such as heavy vegetation on the property, or extremely steep terrain that makes the sign placement standards of this section impractical because the sign is not visible from the street, the commission may grant an exception of the sign setback standards, but not the size or street orientation standards. In no event may temporary signs subject to the setback requirements be placed within a public right-of-way.

J. Existing Temporary Signs. All signs erected after the effective date of this article shall be erected in full compliance, or are otherwise unlawful.

K. Banners over Public Property.

1. Administration. The city council is authorized to administer the placement of banners over public property.

2. Approval. Approval of all applications to display banners over public property shall be given by the city council only if all conditions in this subsection (K) are met.

3. Terms and Conditions. In order to receive approval to display a sign or banner over public property, the applicant shall meet the following terms and conditions:

a. The banner or sign shall only inform the community of an upcoming community event. A community event shall be defined as a public event which is of interest to the community as a whole rather than the promotion of any product, political candidate, religious leader or commercial goods or services.

b. The banner may only be displayed immediately prior to and during a community event which it advertises, and in no case shall the banner be displayed for less than five days or more than 10 days.

c. Banners shall only be displayed at site(s) approved by the city council.

d. Reservation of dates for a banner site may be made up to three months prior to the date of display. Site(s) are generally reserved on a first-come, first-served basis; however, preference may be given for recurring annual events, historically or traditionally tied to a specific date, holiday or season. Additionally, a request to advertise the reoccurrence of the same event or same type of event within any one calendar year (i.e., plays or class registrations) may be honored if no request for the banner site for an unrepeated scheduling is received.

e. All banners over public property shall be hung by city personnel, and must meet the following specifications:

i. Maximum banner size over public property (Helper Main Street location) shall not exceed four feet by 30 feet and the minimum size shall not be less than three and one-half feet by 24 feet. Banners not over the Helper Main Street location shall not exceed the above-mentioned maximum size, and must be approved by the commission.

ii. Day-glo or fluorescent colors shall not be allowed.

iii. Banners shall be constructed of durable canvas or similar type weather resistant fabric.

iv. Banners must be constructed and hung to reduce wind resistance.

v. Banners must be reinforced with rope within a casing at the bottom and the top of both banner edges.

vi. Each corner of the banner must have a grommet and a lead of one-quarter-inch rope from each corner, no less than four feet long.

vii. Banners must have a minimum of seven grommets (including the two corner grommets) across the top edge, which allows the banner to be attached to a cable.

viii. An additional 150 feet of one-quarter-inch rope is required to hang each banner, and shall be provided to the public works department by the applicant or sponsor of the banner.

f. The primary purpose of banners which extend over public property shall be to advertise and inform of upcoming community events. No more than 25 percent of each side of the banner space shall be used for the name or logo of a commercial sponsor.

g. Prices or fees charged for the event shall not be displayed.

h. Banners shall be hung or displayed in a manner that does not interfere with or impede traffic or interfere with or obscure traffic signs or control devices.

i. The owner of a banner shall agree to assume full liability and indemnify the city for any damage to persons or property arising from the display of the banner by the city.

j. If the banner is not picked up from the public works department by the applicant or sponsor within 10 days after it has been taken down, the banner shall become the property of the city and will be disposed of.

k. Banners should be received by the public works department one week prior to the date of scheduled display.

l. The city is not responsible for any damage that may occur to the banner from any cause.

4. Fee. A fee shall be payable to the city when the banner is dropped off at the public works department before its reservation commences to cover manpower costs associated with installation and removal of the banner. Said fee shall be set by resolution.

L. Banners on City Light Standards.

1. Administration. The city council shall administer the placement of banners on city light standards.

2. Approval. Approval of all applications to display banners on city light standards shall be given by the city council only if all conditions in this subsection (L) are met.

3. Terms and Conditions. Banners displayed in the Helper City Main Street area shall be either: (a) those sponsored by, designed for and commissioned by, fabricated for, and installed by the direction of the city, or (b) those sponsored by outside entities (sponsors) that meet the following terms and conditions:

a. The eligible sponsor must be a noncommercial, nonprofit entity whose primary purpose is the offering of cultural, educational, or entertainment enrichment to the community.

b. The design or banners must be presented to the city council, or a designated committee thereof, for review and approval. Artwork should be of sufficient size and show actual colors and banner material in sufficient detail to adequately represent the proposed final product. Design specifications are shown below.

c. The cost of the design and fabrication of the banners is to be borne by the sponsor. Fabrication of the banners must meet the minimum standards adopted by Helper City. Cost of installation and dismantling will be borne by the organization sponsoring the banners.

d. Applications shall be presented to Helper City historic preservation committee in sufficient time to allow the determination of eligibility of the sponsor, design review, fabrication of the banners and verification of the scheduling of their period of display.

e. Sponsors accept that the display period is contingent upon a workable arrangement within the overall schedule of other city banners as well as prior commitments to other outside sponsors. Prior commitments may preclude the desired display period of an otherwise acceptable sponsor’s banner. Helper City acknowledges that a sponsor’s interest and ability to participate may be contingent upon a minimum period which would warrant the expense of the fabrication of the banners. The display period will be based on a first-come basis.

f. All banners on city light standards shall be hung by city personnel and must meet the following specifications:

i. Fabrication and colors are to be within color guidelines of the Historic District.

ii. The dates for the banners to be installed and dismantled will be arranged by the sponsor and the city.

iii. Size of the Main Street banners is 29 inches by 72 inches; or as otherwise approved by the city.

iv. The design must be on both sides, or as otherwise approved by the city.

v. One-and-one-half-inch brass grommets should be installed on both bottom corners. A three and one-half to four-inch by 29-inch-wide sleeve at the top of the banner is required to hang the banners on brackets.

vi. Banners must be sewn for mounting on existing brackets. A sample will be provided by the city. Sponsors are required to contact the city for review of their proposal for compliance with the actual specifications.

vii. Fabric must be of a durable material to withstand snow and heavy winds.

viii. Sponsors will pay for artwork, banner production, installation and dismantling of banners.

ix. Artwork should be approved at least two months prior to hanging date. A written permit will be issued by the city.

x. If the banner is not picked up by the applicant or sponsor within 10 days after it has been taken down, the banner shall become the property of the city and will be disposed of.

xi. Banners should be received by the city one week prior to the date of scheduled display.

xii. The city is not responsible for any damage that may occur to the banner from any cause.

4. Fee. A fee may be payable to the city when the application is submitted to cover costs associated with installation and removal of the banners. This fee shall be established by resolution and checks shall be made payable to Helper City and submitted with the application. [Ord. 2002-1 § 7].

18.95.160 Nonregulated signs.

A. Signs Exempt from Permit Requirement. The following signs are not subject to a permit requirement if the following standards are met. They shall be regulated by the following size and placement standards and shall not be included when calculating permitted sign area for any parcel, use or development. Building permits may be required for the installation of these signs even though they are exempt from design review and regulation.

1. Name Plates (Residential). One name plate sign for each single-family residence, which shall not exceed one square foot in area. If lighted, a building permit is required.

2. Vacancy Signs. Vacancy signs are allowed only for those buildings which are permitted and licensed for nightly rentals. Vacancy signs may be a maximum of two square feet. If illuminated, a building permit is required.

3. Solicitation Signs. One “No Solicitors” sign, not to exceed one square foot, is allowed per major entrance to any building or apartment complex.

4. Hours of Operation Signs. One “Hours of Operation” sign is allowed per entryway. Each sign may not exceed one square foot in area. The sign may not be illuminated.

5. Trespassing Signs. “No Trespassing” signs may be posted on doors, windows or other property entrances, or on fence or property lines. They may not exceed one square foot in area, may not be illuminated, and are limited to one per 40 linear feet of property or one per each of the building front and rear.

6. Addressing Numbers. Addressing number may be no higher than 12 inches. When placed on commercial buildings, they may be taken into account in the review of the signage plan, and counted as signage if part of the overall signage for the building.

7. Interior Signs. Nonilluminated signs which are on the interior of buildings set back at least two feet from any window are not regulated at all.

8. Flags, Symbols, or Insignia. The flag of the United States, the state of Utah, or other flags or insignias of governmental entities or agencies may be displayed and not counted as signage.

9. Special Sale Signs. Merchants may advertise special sales with temporary paper signs on the inside of windows provided they do not cover more than 50 percent of the window area. Special sale signs may be displayed two weeks at a time, five times a year.

10. Private Plazas. Signs on privately owned walls or plazas that are so located as to be oriented to the plaza and not to public streets are not regulated, except that building permits may be required for mounting and wiring.

11. Private Recreational Facilities. Signs located inside open air recreational facilities which are not oriented to public streets are not regulated.

12. Public Necessity Signs. Public necessity signs such as bus stop, no parking and street name signs installed by or with permission of Helper City are exempt from permit requirements. Approval of the public works director is required in order to ensure safe placement and prevent unsightly or distracting sign placement.

13. Special Events Fliers. Fliers or posters advertising special events may be displayed on the inside of windows of businesses, provided the owner of the business approves of the placement. Such posters may be displayed for up to three days prior to an event, and must be removed within 48 hours after the event. Posters or fliers may not be tacked up to the exterior of any building or to telephone/utility poles or distributed by placement on parked automobiles or on door steps, etc., and such posters or flyers are subject to the same time and size limitations as set forth in the provisions of subsection (A)(9) of this section. [Ord. 2002-1 § 8].

18.95.170 Prohibited signs and signage illumination.

A. Prohibited Signs. No person shall erect, alter, maintain, or relocate any sign as specified in this section.

1. Signs Creating Traffic Hazards. No sign shall be erected at or near any public street or the intersection of any streets in such a manner as to create a traffic hazard by obstructing vision or at any location where it would interfere with, obstruct the view of, or be confused with any authorized traffic sign.

2. Hazardous Signs. No sign shall be erected or maintained which, due to structural weakness, design defect, or other reason, constitutes a threat to the health, safety and welfare of any person or property.

3. Signs Resembling Traffic Signs. No sign shall be constructed, erected, or maintained which purports to be or resembles an official traffic sign or signal except those signs officially authorized by Helper City or other governmental entities.

4. A-Frame Signs. Any portable sign or structure composed of two sign faces mounted or attached back to back in such a manner as to form a basically triangular vertical cross section through the faces, with exception of traffic regulation and safety signs.

5. Flashing Signs or Lights. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Flashing light sources are prohibited.

6. Electronic Message Signs. A permanent free-standing roof, wall, or other sign which changes copy electronically using switches and electric lamps. Automatic changing signs, such as public service, time, temperature and date signage, are prohibited.

7. Off-Premises Signs and Billboards. A permanent outdoor advertising sign which advertises goods, products, or services not sold on the premises on which the sign is located.

8. Roof Signs. Any signs erected partly or wholly on or over the roof of a building, including ground signs that rest on or overlap a roof. Signs mounted anywhere on a mansard roof are not allowed.

9. Animated Signs. A rotating or revolving sign, or signs where all or a portion of the signs moves in some manner.

10. Wind Signs. Any propeller, whirling, or similar device which is designed to flutter, rotate, or display other movement under the influence of the wind. This shall include gasoline flags, or banners.

11. Bench Signs. Any outdoor bench or furniture with commercial signage.

12. Mobile or Portable Signs. A sign not permanently attached to the ground or building, except for public necessity signs and temporary signs as allowed by this article.

13. Video Signs. Animated visual messages which are projected on a screen.

14. Illuminated Awnings. Illuminated (back-lit), translucent awnings are not considered appropriate and are prohibited.

15. Inflatable Signs or Displays. Any inflatable object used for signage or promotional purposes.

16. Outdoor Displays. Outdoor display of merchandise is considered as advertisement and is prohibited except as allowed under Chapter 5.15 HMC and/or HMC 18.95.160.

17. Abandoned Signs. Any sign applicable to a use which has been discontinued for a period of three months.

18. Banners. All banners except those approved under HMC 18.95.150(K) and (L). [Ord. 2002-1 § 9].

18.95.180 Removal of illegal and unsafe signs.

A. Abatement or Removal of Unsafe, Dangerous, Nonmaintained or Abandoned Signs. If, upon inspection, the building inspector determines a sign or awning to be unsafe, unmaintained, or abandoned, the building inspector may issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring them to repair or remove an unsafe sign within five working days after receipt of notice from the city and an abandoned sign within 30 calendar days after receipt of notice from the city.

In cases of emergency, the building inspector may cause the immediate removal of a dangerous or defective sign. Signs removed in this manner must present an imminent hazard to the public safety.

B. Abatement and Removal of Illegal Signs. Any person who hangs, posts, or installs a sign which requires a permit under this article, and who fails to obtain a permit before installing the sign, shall be guilty of a class C misdemeanor and be fined accordingly.

C. Repair of Damaged Nonconforming Signs. Any sign which is not in conformance with this article shall be repaired or restored after having been damaged to the extent of more than 50 percent of its value immediately prior to the event causing the damage or destruction. The owner of the sign or owner of the property shall have the obligation to properly remove the sign.

D. Alteration of Nonconforming Signs. Nonconforming signs may be maintained and repaired in accordance with HMC 18.95.200; provided, that the alterations and repairs are for the purpose of maintaining the sign in its original condition. Alterations to a nonconforming sign which change the use, content, color, lighting, or appearance of a nonconforming sign are subject to design review and approval by the commission.

E. Removal of Signs by the Building Inspector and Cost Assessed Against Owners. The building inspector may cause the removal of an illegal sign in cases of emergency, or for failure to comply with the written orders of removal or repair. [Ord. 2002-1 § 10].

18.95.190 Maintenance.

A. Responsibility of Owner. It is the affirmative obligation of the owner of every sign erected in the Historic District to maintain that sign and to keep it in a good state of repair at all times. Upon discovery of a sign in need of maintenance, the commission shall give written notice to the owner of the sign or the owner of the property on which the sign is located if the owner of the sign itself cannot be determined. This notice shall state the item or items requiring repair or maintenance. The owner shall have 14 days in which to repair the sign before a citation is issued. If the owner has failed to make repairs within that time, the commission shall cause a citation to be issued. It shall be unlawful, after the 14 days’ notice has expired, for any person to display a sign in any of the following conditions:

1. Lettering or other elements of the sign have become detached and have fallen off the sign or become misaligned;

2. Painted surfaces on the sign have begun to peel, flake over a substantial portion of the sign, or have faded or oxidized to an extent that the sign no longer displays the colors approved as shown on the application for a sign permit;

3. The information on the sign has become obsolete or abandoned due to changed use or occupancy of the property. [Ord. 2002-1 § 11].

18.95.200 Inspection of signs by building inspector.

The building inspector shall inspect, as it deems necessary, signs regulated by this article to ascertain whether the signs have been adequately installed and adequately maintained to minimize risks to the public. [Ord. 2002-1 § 12].

18.95.210 Grandfather clause.

All signs within the Historic District shall be brought into compliance with the provisions of this article within one year from the effective date hereof. [Ord. 2002-1 § 13].

18.95.220 Base inventory.

An inventory of signs within the Historic District shall be compiled within 12 months of adoption of the ordinance codified in this article and shall be attached thereto for reference as Appendix A. [Ord. 2002-1 § 14].

18.95.230 Violation of article – Penalty.

Violation of this article is a class C misdemeanor. [Ord. 2002-1 § 15].

18.95.240 Adoption of National Historic Register.

The National Historic Register is hereby adopted in total by this reference as the historic landmark register for the historic preservation commission of Helper City. [Ord. 2002-1 § 16].

Article III. Political Campaign Signs

Prior legislation: Ord. 81-3.

18.95.250 Signs on public property prohibited – Exceptions.

It shall be unlawful for any person, firm, or corporation to place a political campaign sign upon any publicly owned property within Helper City except at political conventions and rallies held in city-owned buildings. [Code 1988 § 2-9-3.1].

18.95.260 Signs on private property – Conditions.

It shall be unlawful for any person, firm, or corporation to place or cause to be placed a political campaign sign upon any private property in Helper City without first obtaining the permission of the owner of the property upon which the sign is to be placed. Any political campaign sign in Helper City shall not obstruct the view of vehicular traffic so as to create a traffic hazard. [Code 1988 § 2-9-3.2].

18.95.270 Time limitations for political signs – Removal required.

No political campaign sign shall be placed or erected on any private property more than 60 days prior to the primary election, and all such signs shall be removed not more than seven days after the general election. Any political campaign sign placed on a public building being used as the site of a political convention or rally shall be removed immediately at the conclusion of the convention or rally. [Code 1988 § 2-9-3.3].

18.95.280 Penalty.

Violation of any provision of this article shall be a class C misdemeanor. [Code 1988 § 2-9-3.4].

Code reviser’s note: Ord. 2021-6 amends Figure 18.95.070(B) to change the change the allowable height in feet above to a maximum of 60 feet for free-standing signs in commercial and industrial zones subject to posted vehicular speeds between 35 and 55 miles per hour