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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

Title 7. Chapter 25. Signs

7-25-1. Title.

This chapter shall be known as the Tooele City Sign Ordinance.

(Ord. 1994-27, 12-19-1994)

7-25-2. General principles - purpose - scope.

(1) Tooele City is a growing community close to the Salt Lake City metropolitan area. The City has an economic base that relies increasingly on tourism and retail sales activity. In order to preserve the City as a desirable community in which to live, recreate, and do business, a pleasing, visually attractive business environment is of foremost importance. The regulation of signs within the City is a highly contributive means by which to achieve this desired end. The sign regulations in this Chapter are prepared with the intent of enhancing the City’s business environment and promoting the continued well-being of the City.

(2) It is the purpose of this Chapter to promote the public health, safety, and general welfare through a comprehensive system of reasonable, consistent, and nondiscriminatory sign standards and requirements. These sign regulations are intended to:

(a) Enable the identification of places of residence and business.

(b) Allow for the communication of information necessary for the conduct of commerce.

(c) Lessen hazardous situations, confusion, and visual clutter caused by proliferation, improper placement, excess illumination, animation, and excessive height, area, and bulk of signs which compete for the attention of pedestrian and vehicular traffic.

(d) Enhance the attractiveness and economic well-being of the City as a place to live, recreate, and conduct business.

(e) Protect the public from the dangers of unsafe, improperly placed, cluttered, and poorly maintained signs, as well as other hazardous conditions caused by signs.

(f) Permit signs that fit in their locational and architectural context and that aid pedestrian and vehicular orientation, and preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs.

(g) Encourage signs that are appropriate to the zoning district in which they are located and consistent with the category of use to which they pertain.

(h) Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business.

(i) Preclude signs from conflicting with the principal permitted use of the site or adjoining sites.

(j) Regulate signs in a manner so as to not interfere with, obstruct vision of, or distract motorists, bicyclists, or pedestrians.

(k) Require signs to be constructed, installed, and maintained in a safe and aesthetic manner.

(l) Preserve and enhance the natural and scenic characteristics of this historic community.

(3) The use of signs is regulated according to zoning district. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this Chapter.

(4) This Chapter is not intended to regulate building design, official traffic signs, political signs not located in the public right-of-way, the copy and message of signs, signs not intended to be viewed from a public right-of-way, window displays, product dispensers and point of purchase displays, scoreboards on athletic fields, flags of any nation, government, or noncommercial organization, gravestones, religious symbols, commemorative plaques, the display of street numbers, or any display or construction not defined herein as a sign.

(Ord. 2013-03, 06-19-2013); (Ord. 2010-06, 05-19-2010); (Ord. 1994-27, 12-19-1994)

7-25-3. Definitions.

As used in this chapter:

“A-frame sign” means a portable sign made of two pieces connected by hinges or other hardware and forming the shape of a capital “A” or an inverted “V” when in use.

“Abandoned sign” means a sign which no longer appears to identify, provide directions to, or advertise a current business establishment, service, product, good, event, or activity, or for which no legal owner or lessor can be found upon reasonable diligence.

“Animated sign” means a sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical, or other means. Animated signs include:

(1) “naturally energized” signs whose motion is activated by wind or other atmospheric impingement. Wind driven signs include flags, sails, fins, banners, pennants, streamers, spinners, whirligigs, metallic disks, or other similar devices designed to move in the wind;

(2) “mechanically energized” signs manifesting a repetitious pre-programmed physical movement or rotation in either one or a series of planes activated by means of mechanically based drives; and,

(3) “electrically energized” signs which are illuminated signs whose motion or visual impression of motion is activated primarily by electrical means. Electrically energized animated signs are of two types:

(a) “flashing signs” which are illuminated signs exhibiting a pre-programmed repetitious cyclical interruption of illumination from one or more sources in which the duration of the period of illumination is either the same as or less than the duration of the period of darkness and in which the intensity of illumination varies from zero to 100% during the programmed cycle; and

(b) “illusionary movement signs” which are illuminated signs exhibiting the illusion of movement by means of a pre-programmed repetitious sequential switching action in which illuminated elements of the sign are turned on or off to visually simulate the impression of motion characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light patterns.

“Area” – see “sign, area.”

“Awning” means a shelter projecting from and supported by the exterior wall of a building constructed of rigid or nonrigid materials on a supporting framework.

“Awning sign” means a sign painted on, printed on, or attached flat against the surface of an awning.

“Back lit awning” – see “electric awning sign.”

“Banner sign” means a sign made of fabric or any nonrigid material with no enclosing framework.

“Billboard” – see “off-premise sign.”

“Building” means any structure used or intended to be used for the shelter or enclosure of persons, animals, or property.

“Canopy (building)” means a rigid multi-sided structure covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. It may be illuminated by means of internal or external sources.

“Canopy (freestanding)” means a rigid multi-sided structure covered with fabric, metal, or other material and supported by columns or posts embedded in the ground. It may be illuminated by means of internal or external sources.

“Canopy sign” means a sign affixed or applied to the exterior facing surface or surfaces of a building or freestanding canopy.

“Changeable copy sign” means a sign whose informational content can be changed or altered by manual or electric, electro-mechanical, or electronic means. Changeable signs include:

(1) “manually activated signs” whose alphabetic, pictographic, or symbolic information content can be changed or altered by manual means;

(2) “electrically activated signs” whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. These signs include:

(a) fixed message electronic signs whose basic informational content has been pre-programmed to include only certain types of information projection, such as time, temperature, predictable traffic conditions, public service announcements, or other events subject to prior programming; and

(b) computer controlled variable message electronic signs whose informational content can be changed or altered by means of computer-driven electronic impulses.

“City” means the City of Tooele unless the context clearly discloses a contrary intent.

“Clearance” (of a sign) means the smallest vertical distance between the grade of the adjacent street, highway, sidewalk, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

“Clear view zone” means the area of a corner lot closest to the intersection which is kept free of visual impairment or obstruction in order to allow full view by both pedestrian and vehicular traffic, as further described in Tooele City Code Section 7-2-11.

“Closing sale sign” means a sign advertising a closing sale regulated by Chapter 4-3.

“Construction sign” means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.

“Copy” means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

“Department” means the Tooele City Community Development Department or successor department.

“Directional/information sign” means an on-premise sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g., parking or exit and entrance signs. Such signs may contain logo provided that the logo may not comprise more than 20% of the total sign area.

“Director” means the Director of the Community Development Department or authorized designee.

“Double-faced sign” means a sign with two faces essentially back-to-back.

“Dwell time” means the length of time that elapses between changes in the text, images, or graphics on an electronic sign.

“Electric awning sign” or “back lit awning” means an internally illuminated fixed space-frame structure with translucent, flexible reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.

“Electrical sign” means a sign or sign structure in which electrical wiring, connections or fixtures are used.

“Electronic message center” – see “changeable copy signs, electrically activated.”

“Electronic sign” or “digital sign” means any sign, video display, projected image, or similar device with text, images, or graphics generated by solid state electronic components. Electronic signs include, but are not limited to, signs that use light emitting diodes (LED), plasma displays, fiber optics, or other technology that results in bright, high-resolution text, images, and/or graphics.

“Facade” means the entire building front including the parapet.

“Face of sign” means the area of a sign on which the copy is placed.

“Feather sign” means a generally narrow vertical temporary sign with or without copy where the sign is mounted onto a pole or individual mounting device with the intent of utilizing natural or man-made air movement.

“Festoons” means a string of ribbons, tinsel, small flags, or pinwheels.

“Flashing sign” – see “animated sign, electrically energized.”

“Frontage” means the length of the property line of any one premise along an adjacent public right-of-way.

“Frontage, building” means the length of an outside building wall facing a public right-of-way or other primary vehicular access.

“Government sign” means any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property, or facility.

“Ground sign” means a sign which is anchored to the ground similar to a pylon or freestanding sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top.

“Handheld sign” means a temporary sign carried or held by a person.

“Height (of a sign)” means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.

“Identification sign” means a sign whose copy is limited to the name and address of a building, institution, or person or to the activity or occupation being identified.

“Illegal sign” means a sign which does not conform fully to the requirements of this Chapter and which has not received legal nonconforming status.

“Illuminated sign” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

“Incidental sign” means a small sign, emblem or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.

“Inflatable” means any display, with or without copy, that has a final shape supported by gasses enclosed within a container or is continuously supported by blown air.

“Lot” means a parcel of land legally defined on a subdivision map recorded with the county recorder, or a parcel of land defined by a legal record or survey map.

“Low profile sign” or “monument sign” means a sign mounted directly to the ground with maximum height not to exceed 6 feet and a maximum area not to exceed 40 square-feet.

“Maintenance” means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, mechanism, or structure of a sign.

“Mansard” means a sloped roof or roof-like facade architecturally comparable to a building wall.

“Marquee” means a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade or any exterior wall of a building.

“Marquee sign” means any sign attached to or supported by a marquee structure.

“Monument sign” – see “low profile sign.”

“Motion” means the depiction of movement or change of position of text, images, or graphics on a sign. Motion shall include visual effects such as dissolving and fading text and images, running sequential text, graphic bursts, lighting that resembles zooming, twinkling or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding or contracting shapes, and similar actions.

“Multiple-faced sign” means a sign containing 3 or more faces, not necessarily in back-to-back configuration.

“Nameplate” means a nonilluminated on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.

“Nonconforming sign” means a sign which was erected legally, but which does not comply with the subsequently enacted provisions of this Chapter.

“Occupancy” means the portion of a building or premises owned, leased, rented, or otherwise lawfully occupied for a given use.

“Off-premise sign” or “billboard” means a sign structure advertising an establishment, merchandise, service, product, or entertainment which is not sold, produced, manufactured, or furnished at the property on which the sign is located.

“Off-site directional sign” means a sign which provides directional assistance to access an establishment conveniently and safely.

“On-premise sign” means a sign which pertains to the use of the premises or property on which it is located.

“Owner” means a person recorded as such on official land or business license records of Tooele County or the City. The owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Department, e.g., a sign leased from a sign company.

“Painted wall sign” means any sign which is applied with paint or similar substance on the surface of a wall.

“Parapet” means the extension of a false front or wall above a roof line.

“Person” means any individual, corporation, association, firm, partnership, or similarly defined interest.

“Point of purchase display” means advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser or a tire display.

“Pole cover” means the cover enclosing or decorating poles or other structural supports of a sign.

“Political sign” means a temporary sign used in connection with a local, state, or national election or referendum.

“Premises” means a parcel of land with its appurtenances and buildings.

“Projection sign” means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure.

“Pylon Sign” means an independent sign, greater than 6 feet in height, structurally designed to be fully supported by the earth.

“Real estate sign” means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.

“Roof line” means the top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.

“Roof sign” means any sign erected over or on the roof of a building.

“Rotating sign” – see “animated sign, mechanically energized.”

“Sign” means any device, structure, fixture, or placard using graphics, symbols, written copy, or other means for the primary purpose of identifying, providing directions to, or advertising any business establishment, product, goods, or services.

“Sign, area”:

(1) Projecting and freestanding signs shall have only 1 side of any double- or multiple-faced sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of 1 or more individual cabinets: a rectilinear line of not more than 8 sides shall be drawn around and enclosing the perimeter of each cabinet or module. The line lengths and angles shall be measured and the enclosed area calculated. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, support structures, etc., provided that there is no written advertising copy on such embellishments.

(2) The area of wall signs shall be within a single, continuous perimeter composed of any rectilinear line geometric figure which encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area containing the letters.

“Snipe sign” means a temporary sign or poster affixed to a tree, fence, utility pole, or similar object or to the ground.

“Subdivision identification sign” means a freestanding or wall sign identifying a recognized subdivision, condominium complex or residential development.

“Temporary sign” means a sign not constructed or intended for long-term use.

“Temporary special event sign” means a sign announcing an event that is scheduled and open to the public. The term “temporary special event” shall not include a grand opening sale, a closing sale, a garage sale, or other similar events.

“Twirl time” means the time it takes for static text, images, and graphics on an electronic sign to change to different text, images, or graphics on subsequent sign face.

“Under-canopy sign” means a sign suspended beneath a canopy, ceiling, roof, or marquee.

“Use” means the purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.

“Vehicle sign” means a vehicle utilized for the primary purpose of displaying a sign or of identifying, providing directions to, or advertising any establishment, product, goods, or services. The word “vehicle” includes cars, trucks, and trailers.

(1) Example: a vehicle parked for several days at a location apparently unrelated to the sign on the vehicle is a vehicle sign.

(2) Example: a vehicle containing a sign and parked at the owner’s or operator’s place of residence or employment is not a vehicle sign.

(3) Example: a bus, taxi, other vehicle containing a sign and operating during the normal course of business is not a vehicle sign.

“Wall sign” means a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the sides or edges. This definition includes painted, individual letter, and cabinet signs, and signs on a mansard.

“Wheeled sign” means any sign moved upon or attached to one or more wheels that is not a vehicle sign.

“Window sign” means a sign installed or painted on the inside of a window and intended to be viewed from the outside.

(Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 2012-21, 11-21-2012) (Ord. 2010-06, 05-19-2010) (Ord. 2005-21, 09-21-2005) (Ord. 2005-08, 04-20-2005) (Ord. 1994-27, 12-19-1994)

7-25-4. Signs prohibited.

The following signs are prohibited in all zoning districts:

(1) abandoned signs;

(2) animated signs, but not changeable copy signs;

(3) banners that are not wall signs, pennants, festoons, and search lights, except temporary special event signs;

(4) signs imitating or resembling official traffic or government signs or signals;

(5) signs, other than government signs and A-frame signs, placed on any public right-of-way;

(6) signs on the premises of a home occupation advertising that home occupation;

(7) off-premise signs and billboards;

(8) handheld signs;

(9) vehicle signs;

(10) wheeled signs;

(11) snipe signs;

(12) roof signs;

(13) inflatable signs; and

(14) all other signs not permitted by this Chapter.

(Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 2012-21, 11-21-2012) (Ord. 2002-15, 08-07-2002) (Ord. 1994-27, 12-19-1994)

7-25-4.1. Electronic billboards prohibited.

The conversion, remodeling, rehabilitation, or upgrade of an existing off-premise sign or billboard to an electronic sign or digital sign is prohibited.

(Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013)

7-25-5. Permits required.

Unless otherwise provided by this chapter, all signs shall require permits and payment of fees. No permit is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs.

(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)

7-25-6. Signs not requireing permits.

The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this chapter:

(1) construction signs of 16 square-feet or less;

(2) directional/information signs of 9 square-feet or less;

(3) holiday or special events decorations;

(4) nameplates of 2 square-feet or less;

(5) political signs;

(6) public signs or notices, or any sign relating to an emergency;

(7) real estate signs;

(8) window signs;

(9) A-frame signs;

(10) incidental signs, and,

(11) temporary special event signs under Section 7-25-12(8)(f)(ii).

(Ord. 2017-13, 06-07-2017) (Ord. 2013-03, 06-19-2013) (Ord. 2012-21, 11-21-2012) (Ord. 1994-27, 12-19-1994)

7-25-7. Maintenance.

All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The Department shall have the right under Section 7-25-30 to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-8. Electronic signs.

Where allowed, electronic signs shall conform to the following standards.

(1) Motion. Any motion or appearance of motion is prohibited on an electronic sign face.

(2) Dwell time. Dwell time shall be at least 3 seconds.

(3) Twirl time. Twirl time shall not exceed 0.25 seconds.

(4) Brightness. Sign illumination brightness shall not exceed 80% of natural ambient light conditions during the day and shall not exceed 15% of ambient light conditions at night after dusk.

(5) Controls. All electronic signs shall contain automatic dimming controls or photocell mechanisms or technologies that automatically adjust sign brightness, dwell time, twirl time, and motion to the standards of this Section.

(6) Size. The maximum portion of a sign that is allowed to be electronic, as opposed to static image, is 75%.

(7) Verification.

(a) Prior to approval of an electronic sign permit, the applicant shall certify that the sign has been tested and complies with the brightness, dwell time, twirl time, motion, and other standards of this Section.

(b) The owners and operators of an electronic sign shall each be severally responsible to submit an annual report to the Building Official certifying that the sign complies with the brightness, dwell time, twirl time, motion, and other standards of this Section.

(c) The City shall have the right to verify compliance, or to receive additional verification of compliance, with the standards of this Section, upon request.

(Ord. 2015-02, 02-04-2015)(Ord. 1994-27, 12-19-1994)

7-25-8.1. Lighting.

Unless otherwise prohibited by this Chapter, all signs may be illuminated.

(Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)

7-25-9. Changeable copy.

Unless otherwise specified by this chapter, any sign allowed by this Chapter may be a changeable copy sign.

(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)

7-25-10. Sign contractor's license.

No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs without a valid contractor’s license and all required state and federal licenses.

(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)

7-25-11. Indemnification and insurance.

(1) All persons involved in the maintenance, installation, alteration, or relocation of signs located near or upon any public right-of-way or other public property shall agree to hold harmless and indemnify the City, its officers, agents, and employees against any and all claims of negligence arising from such work.

(2) All persons involved in the maintenance, installation, alteration, or relocation of signs located near or upon any public right-of-way or other public property shall file with the City Recorder a satisfactory certificate of insurance to indemnify the City against liability.

(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)

7-25-12. Signs permitted in all zoning districts.

The following signs are allowed in all zoning districts:

(1) all signs not requiring permits, except those signs prohibited by Section 7-25-4;

(2) one nonilluminated sign for each street frontage of a construction project, not to exceed 48 square feet in sign area in residential zones or 64 square feet in sign area in all other zones, and such signs may be erected 60 days prior to beginning of construction and shall be removed 30 days following completion of construction;

(3) one nonilluminated real estate sign per lot or premises not to exceed twelve square feet in sign area, and such signs must be removed 15 days following sale, rental or lease of the real estate involved;

(4) one nonilluminated attached building nameplate per occupancy, not to exceed two square feet in sign area;

(5) political signs;

(6) directional/information signs;

(7) off-site directional signs, not to exceed 9 square feet in area, announcing an event which is open to the public and which has a duration of less than 7 days. Offsite directional signs allowed under this Section may be placed no sooner than 10 days prior to the event opening and shall be removed by the sign permit applicant within 3 days after the event closing; and,

(8) temporary special event signs. A temporary special event sign shall be subject to the following time, place, and manner standards:

(a) shall not exceed 24 square-feet in area;

(b) may be ground-mounted or wall-mounted, but not roof-mounted;

(c) if grounded-mounted,

(i) shall not exceed 4 feet in height;

(ii) shall not be located within a clear view zone; and,

(iii) shall not have more than 2 faces;

(d) may be located on any private property with the property owner’s written authorization;

(e) shall not exceed 4 signs per event; and,

(f) may be displayed at the following times:

(i) 4 display periods in each calendar year each not to exceed 21 total days prior, during and after the scheduled event, subject to both a permit and a fee, as listed in the Tooele City Fee Schedule, for each display period; and,

(ii) the following established display periods:

(A) Valentine’s Day: up to 5 days before and including the holiday;

(B) Easter: up to 5 days before and including the holiday;

(C) Memorial Day: up to 5 days before and including the holiday;

(D) Independence Day (July 4): up to 5 days before and including the holiday;

(E) Pioneer Day (July 24): up to 5 days before and including the holiday;

(F) Labor Day: up to 5 days before and including the holiday;

(G) Thanksgiving Day: up to 10 days before and including the holiday; and,

(H) Christmas Day and New Year’s Day: up to 23 days beginning December 10 and ending January 2.

(9) grand opening signs, not to exceed 30 days per calendar year; and,

(10) closing sale signs.

(Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 2011-10, 04-06-2011) (Ord. 2010-06, 05-19-2010) (Ord. 2008-12, 09-03-2008)

7-25-13. Signs permitted in residential zones.

(1) Signs are allowed as follows in residential zones:

(a) all signs as permitted in Section 7-25-12;

(b) one subdivision identification sign per street frontage, neighborhood, subdivision or development, not to exceed 48 square feet in sign area in each location;

(c) one identification sign per entrance to apartment or condominium complexes, not to exceed 36 square feet in sign area;

(d) for permitted nonresidential uses, including churches and synagogues, one freestanding sign, not to exceed 48 square feet in sign area, and one wall sign not to exceed 48 square feet in sign area, except signs advertising a home occupation are prohibited;

(e) one bus bench sign at each bona fide stop along a public transit route provided the owners of the benches are authorized to operate in Tooele City and advertising on the benches does not exceed 20 square feet in area.

(2) All allowed freestanding signs in residential zones shall have a maximum height limit of six feet and shall have a setback of 15 feet from any public right-of-way.

(Ord. 1994-27, 12-19-1994)

7-25-14. Signs permitted in commercial zoning districts.

(1) Signs are allowed as follows in commercial zoning districts:

(a) all signs as permitted in Sections 7-25-12 and 7-25-13;

(b) 1 low profile sign per street frontage;

(c) 1 pylon sign per street frontage provided, however, that:

(i) building sites located adjacent to a controlled access arterial road (i.e., 106 foot right-of-way) may have no more than 1 pylon sign for every full 300 feet of road frontage;

(ii) building sites located adjacent to a limited access collector road (i.e., 84-foot right-of-way) may have no more than 1 pylon sign for every full 175 feet of road frontage;

(iii) building sites with less than the required frontage may aggregate their respective frontages to qualify for a pylon sign and collocate on the sign pursuant to written collocation agreement filed with the City;

(iv) building sites with more than one street frontage shall be limited to 1 pylon sign;

(v) building sites not located adjacent to a controlled access arterial road or limited access collector road shall not have a pylon sign located within 200 feet of said arterial or 100 feet of said collector, respectively;

(vi) building sites not located adjacent to a controlled access arterial road or limited access collector road may collocate on an existing pylon sign by contractual arrangement, not as a matter of entitlement, with the owners and/or tenants of building sites containing pylon signs; and

(vii) pylon signs shall comply with the following minimum design standards:

(A) shall not exceed 1 square-foot in sign area for each lineal foot of property frontage;

(B) shall not exceed 150 square-feet in area;

(C) shall not exceed 25 feet in height;

(D) shall not be placed closer than 50 feet from adjacent building site property lines; and,

(E) shall not be placed closer than 10 (10) feet from a right-of-way property line.;

(d) 1 wall sign, marquee sign or electric awning sign not to exceed 15% of the aggregate area of building elevation on which the signs are installed, to include window signs and wall-mounted banners;

(e) 1 under-canopy sign for each separate occupancy or separate entrance not to exceed 8 square feet in sign area, and such signs must have a minimum clearance of 8 feet to grade;

(f) Repealed. (Ord. 2008-12, 09-03-08).

(g) portable or wheeled signs for new business openings for not more than 15 days;

(h) one projection sign, which may project into the public way up to 4 feet when not in conflict with state requirements within a designated “Downtown Overlay” or “Mixed Use” zoning district. Projections must be no closer than 10 feet horizontally from the top back of curb. The bottom of the sign shall not be less than 7 feet above the top back of curb or not less than 10 feet above the top back of curb when within a clear view zone;

(i) closing sale signs, subject to Section 5-3-18 (Limitation), and

(j) feather signs pursuant to the following:

(i) feather signs shall be no taller than 8 feet from the ground at the base of the sign;

(ii) feather signs shall not be located less than 5 feet from any street right-of-way;

(iii) feather signs shall not be located within any clear view area;

(iv) feather signs shall be allowed in a ratio of one sign for every 50 feet (portions thereof not qualifying for a sign) of street frontage along which the sign is posted; and,

(v) feather signs shall only be located on the property for which they represent or advertise.

(2) In commercial zones, where an occupancy is on a corner lot, a minimum clear view zone is to be maintained in a triangulated area at the point of intersection to allow an unobstructed view of oncoming traffic.

(3) In commercial zones, pylon signs shall maintain a minimum clearance of 10 feet over any pedestrian use and 14 feet over any vehicular way.

(4) All signs must comply with lighting and other minimum design standards set forth in this Title.

(Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 2005-08, 04-20-2005) (Ord. 2002-15, 08-07-2002) (Ord. 1994-27, 12-19-1994)

7-25-14.1. A-frame signs in the Downtown Overlay District.

(1) A-frame signs are allowed in the Downtown Overlay District pursuant to the following standards:

(a) Location. The Downtown Overlay District is defined as extending from 100 South Street to Utah Avenue (200 North) and from 50 West Street to Garden Street (50 East). A-frame signs may be located on the public sidewalk so long as an unobstructed 6-foot pedestrian zone is maintained between the building and the signs. A-frame signs may be located in the public park strip. A-frame signs must be located in front of the building in which the business advertizing on the sign is located. For businesses co-locating on a sign, the sign must be located in front of one of the buildings or building units in which the businesses advertizing on the sign are located.

(b) Size and dimension. A-frame signs shall be 24 inches wide and 36 inches tall.

(c) Color. A-frame signs shall have a white background. Copy and graphics may be black or colored.

(d) Time. To facilitate maintenance of the public park strips and sidewalks, A-frame signs may be placed within the public right-of-way only between the hours of 8 a.m. and 10 p.m.

(e) Number of signs. Each business within the Downtown Overlay District may have no more than 1 A-frame sign. A-frame signs are in addition to other signage allowed by this Chapter.

(f) Appurtenances. No appurtenances may be added or attached to A-frame signs. Appurtenances include lighting, balloons, items extending beyond the allowed sign dimensions, and mechanical parts.

(g) Lighting. A-frame signs may not be directly illuminated.

(h) Maintenance. All businesses shall maintain their A-frame signs in good order. The term “good order” shall include the following: fully painted inside and out; readable copy firmly affixed to the sign; no rotting or broken wood, hinges, chains, or other parts.

(2) The City is authorized to remove, confiscate, and dispose of A-frame signs that do not comply fully with all of the above standards.

(Ord. 2012-21, 11-21-2012)

7-25-15. Signs permitted in industrial zoning districts.

(1) Signs are allowed as follows in industrial zoning districts:

(a) all signs as permitted in Sections 7-25-12, 7-25-13 and 7-25-14;

(b) one freestanding sign per street frontage not to exceed one square foot of sign area for each lineal foot of property frontage. Signs must not project beyond property lines nor exceed a height of 35 feet. Where street frontage exceeds 300 lineal feet, one additional freestanding sign may be allowed per 300 foot increment;

(c) wall signs not to exceed 30% of the aggregate square footage of the wall area upon which they are installed. Electric awning signs not to exceed 30% of the aggregate square footage of the wall area upon which they are installed. The combination of wall signs and electric awning signs shall not exceed 30% of the allowed wall area;

(d) projecting signs instead of any wall or freestanding signs provided they do not project beyond the property line and maintain a clearance of ten feet over pedestrian area, and 14 feet over vehicular ways;

(e) roof signs where no other sign types can provide effective identification, but they shall be constructed so as to conceal all structure and fastenings, and the height of the roof sign shall not exceed 20% of the total height of the building to which it is attached; and,

(f) incidental signs not to exceed 4 square-feet in aggregate area per occupancy.

(2) All signs in industrial zones must maintain minimum clearances and construction electrical standards.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-16. Nonconforming signs.

Existing signs which do not conform to the specific provisions of this Chapter may be eligible for the designation “legal nonconforming” provided that:

(1) the Department determines that such signs are properly maintained and do not in any way endanger the public; and,

(2) the sign was installed in full compliance with a valid City permit, with a valid City variance (not including a use variance), or with all applicable City laws on the date of installation.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-17. Loss of legal nonconforming stauts.

A legal nonconforming sign shall lose this designation if:

(1) the sign is relocated or replaced; or,

(2) the structure or size of the sign is altered in any way except toward compliance with this chapter. This does not refer to change of copy or maintenance.

(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)

7-25-18. Maintenance and repair of nonconforming signs.

Legal nonconforming signs are subject to all requirements of this Code regarding safety, maintenance, and repair. A legal nonconforming sign may be reconstructed and restored if it is involuntarily destroyed in whole or in part due to fire or other calamity, unless the sign is an abandoned sign. Maintenance shall not include the conversion, modification, remodel, or upgrade of a sign to an electronic sign or digital sign.

(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)

7-25-19. Signs in clear view zones - signs in the public right-or-way.

(1) Signs in excess of 3 feet above curb grade or support poles larger than 12 inches in diameter may not be installed in clear view zones. Freestanding signs must have at least 10 feet clearance to grade.

(2) No signs may be located in the public right-of-way except A-frame signs and signs owned and installed by the City or the State of Utah. The Department is authorized to remove, confiscate, and dispose of all signs placed in the public right-of-way in violation of this Chapter.

(Ord. 2013-03, 06-19-2013) (Ord. 2012-21, 11-21-2012) (Ord. 1994-27, 12-19-1994)

7-25-20. Abandoned signs.

(1) Except as otherwise provided in this Chapter, any on-premise sign which is located on property that is undeveloped or becomes vacant and unoccupied for a period of 1 month or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of 3 months or more.

(2) Any off-premise sign which no longer, and for a period of 2 consecutive months, advertises goods, products, services or facilities available to the public or which directs persons to a different location where such goods, products, services or facilities are not for a period of 2 consecutive months available, shall be deemed to have been abandoned.

(3) Abandoned signs shall be removed by the owner of the premises on which the sign is located.

(4) All abandoned signs become a nuisance, per Section 8-4-8 (Nuisance abatement), after 6 months of evidence of abandonment and as designated by the Building Official.

(Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)

7-25-21. Construction specifications.

All signs shall be installed in compliance with building and electrical codes as adopted by the City. (Ord. 1994-27, 12-19-1994)

7-25-22. Community Development Department duties.

(1) The Department is authorized to process applications for permits, hold public hearings as required, and enforce and carry out all provisions of this Chapter. The Department is authorized to enforce regulations and procedures consistent with this Chapter.

(2) Department personnel are empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the City for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-23. Application for permits.

Application for a permit for the erection or relocation of a sign shall be made to the Department upon a form provided by the Department and shall include the following information:

(1) name and address of the owner of the sign;

(2) street address or location of the property on which the sign is to be located, along with the name and address of the property owner;

(3) the type of sign or sign structure as defined in this Chapter;

(4) a site plan with measurements showing the proposed location of the sign along with the locations of all existing signs on the same premises; and,

(5) specifications and drawings showing the materials, design, dimensions, components, structural supports, and electrical components of the proposed sign.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-24. Permit fees.

All applications for permits filed with the Department shall be accompanied by a payment of the permit fee for each sign as established by the City.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-25. Issuance and denail.

(1) The Director shall issue a permit for the erection, structural alteration, or relocation of a sign within 5 business days of receipt of a completed application, provided that the sign complies with all applicable laws and regulations of the City. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail.

(2) When a permit is denied, the Zoning Administrator shall, within 5 business days, give a written notice to the applicant along with a brief statement of the reasons for denial, citing code sections and interpretation of possible nonconformity. The Zoning Administrator may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)(Ord. 1994-27, 12-19-1994)

7-25-26. Permit conditions, refunds and penalties.

(1) If a permit is denied, the permit fee will be refunded to the applicant.

(2) If no inspections have been made and no work authorized by the permit has been performed, the permit fee may be refunded to the applicant upon request, provided that the permit is returned to the Department within 5 business days of issuance.

(3) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this Chapter.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-27. Inspection upon completion.

(1) Any person installing, structurally altering, or relocating a sign for which a permit has been issued shall notify the Department upon completion of the work. The Department may require a final inspection, including an electrical inspection and inspection of footings on freestanding signs.

(2) The Department may require at the time of issuance of a permit that written notification for an inspection be submitted prior to the installation of certain signs.

(Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-28. Variances.

Any person or entity desiring a waiver or modification of the requirements of this Chapter as applied to a sign, an application for sign permit, or a parcel of property upon which a sign is located or is applied to be located may apply to the Board of Adjustment for a variance from the terms of this Chapter under Section 2-4-7 (Variances) of this Code.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-29. Violations.

(1) When a violation of this Chapter exists, the Zoning Administrator shall issue a written order to the alleged violator. The order shall specify those sections of this Chapter the individual may be in violation of and shall state that the individual has 10 days from the date of the order in which to correct the alleged violation or appeal to the Director.

(2) If, upon inspection, the Department finds that a sign is abandoned or structurally, materially, or electrically defective, or in any way endangers the public, the Zoning Administrator or Building Official shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring the repair or removal of the sign within five days of the date of the order.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-30. Removal of signs.

(1) The Zoning Administrator may cause the removal and disposal of illegal temporary signs without notice to the sign or property owner.

(2) The Zoning Administrator and/or Building Official 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. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Department.

(3) If the amount specified in the notice is not paid within 5 business days of the notice, it shall become an assessment upon a lien against the property of the sign owner, and will be certified as an assessment against the property together with a 10% penalty for collection in the same manner as the real estate taxes.

(4) The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Department, as in the case of a leased sign.

(5) For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support or be a part of the sign.

(6) In cases of emergency, the Zoning Administrator and/or Building Official may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety.

(7) Any temporary sign caused to be removed by the Zoning Administrator or Building Official shall be held for a minimum of five business days before disposal. The owner of the removed sign may retrieve the sign during the time the sign is held but shall not re-install the sign unless done according to and in conformance with the terms of this Chapter.

(Ord. 2015-02, 02-04-2015) (Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-31. Penalties.

(1) Any person or entity that fails to comply with any of the provisions of this Chapter shall be subject to the civil penalties identified in the Tooele City Fee Schedule.

(2) A violation of any of the provisions of this Chapter is punishable as a class C misdemeanor.

(3) The City may pursue both civil and criminal enforcement for violations of this Chapter but may recover either civil fines or criminal fines, not both, for any single episode of violation.

(Ord. 2015-14, 04-15-2015) (Ord. 2013-03, 06-19-2013) (Ord. 1994-27, 12-19-1994)

7-25-32. Appeals.

(1) Any failure to respond to an application within 5 days of receipt of any decision rendered by an ordinance enforcement officer, a building official, the Zoning Administrator, or any authorized designee, in denying a permit or in alleging a violation of this Chapter may be appealed in writing to the Director.

(2) The action or decision being appealed shall not be stayed pending the outcome of any administrative appeals unless the Director finds that there is good cause to do so.

(3) The Director shall issue a written decision within 30 days of receipt of the appeal. A decision not issued with 30 days of receipt of the appeal shall be deemed a denial of the appeal.

(4) The decision of the Director may be appealed by filing a written appeal with the Mayor’s office within 10 days of the date of the Director’s decision. The Administrative Hearing Officer shall schedule and conduct an informal hearing, shall notify the appellant and the Director of the date and time of the hearing, and shall issue a written decision within 15 days of the hearing. The decision shall be mailed by first-class mail to the appellant.

(Ord. 2013-03, 06-19-2013) (Ord. 2010-06, 05-19-2010) (Ord. 1994-27, 12-19-1994)

7-25-33. Conflict.

If any portion of this Chapter is found to be in conflict with any other provision of any zoning, building, fire, safety, or health ordinance of the City, the provision which establishes the higher standard shall prevail.

(Ord. 1994-27, 12-19-1994)

7-25-34. Severability.

Should any word, phrase, sentence, or section of this Chapter be determined to be invalid for any reason by any court of competent jurisdiction wherein the validity of the said word, phrase, sentence, or section was at issue, the invalidity of said provision shall not affect the validity of the balance of this Chapter and said provision shall be considered severable from the balance of this Chapter to the extent that the meaning and clear intent of the balance is not materially affected.

(Ord. 2010-06, 05-19-2010)

7-25-35. Message substitution.

Subject to the land owner’s consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This Section does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

(Ord. 2010-06, 05-19-2010)

 

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