ORDINANCE NO. 3-7-2006B
AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE OF THE CITY OF CEDAR HILLS, UTAH, BY ADDING CRITERIA FOR THE REGULATION AND PLACEMENT OF SIGNS AND PROVIDING FOR THE ENFORCEMENT OF THE ORDINANCE.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CEDAR HILLS, UTAH COUNTY, STATE OF UTAH:
TEXT OF ORDINANCE
SECTION 1. Title 10, Chapter 5 of the City Code, entitled Supplementary Development Standards, is hereby amended by adding a new section, to read as follows:
Purpose and Intent1
General Provisions 1
Definitions 2 - 10
Residential Zone 10
Commercial Zone 10
A. Purpose and Intent
It is the purpose of this Ordinance to regulate signs and to authorize the use of signs that are compatible with their surroundings, are conducive to promoting safety, limit visual distractions, and preserve and enhance property values. It is also the intention and purpose of this Ordinance to balance individual rights while promoting short and long term civic beauty and order by establishing standards and regulations for signs. This Ordinance will help to create signs that are functional, human-scaled, and attractive to residents, businesses and visitors.
In interpreting and applying the provisions of this Ordinance, the sign regulations contained herein shall be interpreted by the Zoning Administrator. If the Zoning Administrator determines that an application needs further interpretation, he may request Planning Commission review of the proposal.
C. General Provisions
1. Signs are not allowed on public property or in the clear vision area and cannot create a health or safety hazard or problem.
2. Signs not specifically allowed herein are prohibited. The following signs are expressly prohibited.
• Animated or Flashing Sign
• Flashing Sign
• Marquee Sign
• Moveable or Portable Signs
• Portable Signs
• Roof Signs
• Rotating Signs
• Snipe Signs
• Window Signs (Permitted only if meets the definition of a short-term sign)
3. All signs require a permit or approval from the City as follows:
a. An application for a permit shall be made to the City upon a form provided by the City and shall contain such information as may be required to assure compliance with all appropriate laws and ordinances of the City. Such application may include but is not limited to a site plan, sign layout, elevation of existing and future buildings and any other reasonably related information.
b. A permit shall expire and become null and void if work on the sign is not commenced or if work is suspended or abandoned within sixty (60) days from the date of the permit. If such case, a new permit shall be obtained and a new fee paid.
c. The City may in writing suspend or revoke a permit issued under provisions of this Code Section whenever the permit is issued on the basis of a material omission or misstatement of fact or in violation of any ordinance.
d. Except as provided in this Code Section, it shall be unlawful for any person to erect, alter or relocate a sign within the City without first obtaining a sign permit from the City.
e. A numbered sticker shall be issued for temporary signs.
f. Short-Term Signs and Campaign Signs do not require a permit.
4. Insignia - All signs shall bear a City of Cedar Hills sign insignia furnished by the Zoning Administrator at permit issuance. Such insignia shall be installed on the exterior surface of the sign in a location where such information shall be readily visible, legible and accessible for inspection.
5. Permission of Property Owner - No person shall erect, construct or maintain any sign upon any property without the consent of the owner, or person entitled to possession of the property or their authorized representative.
6. Governmental signs and signs erected by a public utility company that are approved by the City that are necessary for public safety are exempt from this ordinance. The City may erect signs in the public right-of-way or on public property.
Advertisement - Any copy, letters, logos, symbols, or other form of communication that attracts or directs attention to a use, product, or activity.
Advertising Bench - A bench for public use and convenience that is painted or otherwise covered with advertisement.
Affixed - A sign or sign support directly attached to the building face.
Building Face or Wall - The visible outer surface of an exterior wall of a building including all windows, doors, and wall area.
Commercial Complex - A group of two (2) or more businesses in one (1) or more freestanding building(s) and that is contained on one (1) parcel of record or which is approved as a part of an overall site plan, or a commercial subdivision that provides shared access and/or parking. For the purpose of this Code Section, planned commercial developments and commercial condominium projects are considered commercial complexes.
Clear Vision Area - A triangular area established at the intersection of two (2) streets formed by measuring forty-five feet (45') from the point of intersection of said streets at the lip of curb and gutter and a line connecting them.
Copy - The wording, symbol or picture on a sign surface.
Erect - To build, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, or display a sign. Normal maintenance, including refinishing, is not included in this definition provided the sign area is not changed or altered.
Frontage - The width of the parcel of land that faces upon a dedicated street.
Ground Level - The finished grade of the adjacent street curb measured at the back of curb or where there is no street curb, six (6) inches above street grade.
Interior Property Line - A property line other than one having frontage along a dedicated street or a private street.
Logo - A graphic symbol representing an activity, use or business. Permitted logos shall be registered trademarks or symbols commonly used by the applicant, and may include graphic designs in addition to lettering. Applicant shall provide stationery or other supporting documents illustrating use of logo.
Maintenance - The replacing or repairing of a part or portion of a sign necessitated by ordinary wear, tear or damage beyond the control of the owner or the reprinting of existing copy without changing the working, composition or color of said copy.
Marquee - Any permanent roof-like structure projecting beyond a building or wall of the building, generally designed and constructed to provide protection from the weather. (Prohibited sign)
Permanent Sign - A sign that is intended to be and is so constructed as to be a lasting and enduring condition remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall or building.
Public Property - Unless otherwise expressly provided, public property means any and all real or personal property over which the City or other governmental entity has or may exercise control, whether or not the City or other governmental entity owns the property in fee, and it includes, but is not limited to public buildings, public streets, public signage, alleys, sidewalks, rights-of-way and improved or unimproved land of any kind and all property appurtenant to it.
Short-Term Sign - A sign intended to be up not more than three (3) days. These signs do not require a permit provided they conform to size requirements and are a non-prohibited sign type.
Sign - Every advertising message, announcement, declaration, demonstration, display, illustration, insignia, trade names, trademarks, 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 whether placed on the ground, rocks, trees, stumps, or other natural objects, or on a building, wall, roof frame, support, fence, or other man-made structure, visible from any adjoining parcel or public right-of-way. 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.
For the purpose of this Code Section, the word sign does not include the flag, pennant, badge or insignia of the United States, State of Utah, Utah County, City of Cedar Hills or official historical plaque of any governmental jurisdiction or agency. Further it shall not include any official notice issued by any court public body or officer, directional warning or information sign or structure required or authorized by law.
Sign Dimensions - Signs shall be measured for compliance with this Code Section as follows:
1. Sign Area - The area of a sign shall be computed by enclosing the entire area, excluding sign supports, within a geometric shape of the smallest size sufficient to cover the entire area of the sign and then computing the area of the geometric shape. Where a sign has more than two (2) faces, the area of the third face and all additional faces shall be included in determining the area of the sign. In computing sign area, only one (1) side of a back-to-back or double-face sign covering the same subject shall be computed when the sign faces are parallel or diverge from a common edge by an angle of not more than forty-five (45) degrees. The area of all legal signs in existence at the time of the enactment of this Code Section shall be included in the computation of the total area of signs permitted by this Code Section.
2. Sign Height - The vertical distance measured from the ground level to the highest point of the sign including sign supports.
3. Sign Width - The horizontal distance measured from the outermost edges of the sign on a vertical plane.
Sign Types - Sign types may be permanent or temporary and shall be defined as follows:
1. A-Frame Sign - Any sign or structure composed of two (2) sign faces mounted or attached back-to-back to form a triangular vertical cross-section through the faces or structure.
2. Abandoned Sign - Any sign or structure that no longer correctly directs or influences a person, identifies or advertises a bona fide business, lessor, service, owner, product, or activity.
3. Advertising Sign - A sign that attracts or directs attention to a use, product, or activity.
4. Animated or Flashing Sign - A sign that includes movement or optical illusion of movement or rotation of any part by mechanical, artificial or atomospheric means or a sign that displays flashing or intermittent lights. Time and temperature devices shall be considered animated signs. Banners and flags shall be exempted from this definition. (Prohibited sign)
5. Architectural Sign - A sign incorporated into an architectural element such as an archway, fountain or sculptured garden that is integrated with, but subordinate to, the overall architectural element.
6. Awning Sign - A sign having copy or a log placed on or integrated into fabric or other material canopies that is mounted on the exterior of a building.
7. Balloon Sign - A sign that is any lighter-than-air or gas-filled balloon attached by means of a rope or tether to a definite or fixed location.
8. Banner Sign - A sign made of cloth, canvas, fabric or any non-rigid material with no enclosing framework attached or suspended at two (2) ends or continuously across the long side.
9. Billboard - A sign erected for the purpose of advertising or promoting a product, event, person, or subject not entirely related to the premises on which the sign is located. (Prohibited sign)
10. Business Entrance Sign - A sign adjacent to, or on the entrance door of, a business containing the business name and such other appropriate information as store hours and telephone numbers.
11. Canopy Sign - Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
12. Changeable Copy Sign - Any sign whose information content can be changed or altered by manual, mechanical, or electronic means.
13. Contractor or Subcontractor Sign - A temporary sign that identifies the contractor or subcontractor engaged in the construction, reconstruction or repair of a building or buildings on a lot or parcel of property.
14. Development Sign - A single or double-sided sign used to advertise the sale of lots, units or parcels with an approved development including:
a. Directional Development Sign - A sign intended to direct potential buyers to a particular development or to navigate within a particular development.
b. Development Promotional Sign - A sign intended to advertise the future sale of lots, units or parcels in a development, contemplated improvements or announcing the name of the builder, owner, designer, or developer of the project.
c. Entrance Sign - A permanent sign indicating the name of the development together with associated aesthetic improvements.
15. Directory Sign - A sign that provides a listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purpose of identification only.
16. Directional or Guide Sign - Any sign used to facilitate or control the efficient or safe movement of pedestrians or vehicles into or out of a site. Such sign may include the name of the business but shall not be used for advertising purposes.
17. Flag - Any fabric, banner, or bunting of any shape containing distinctive colors, patterns, or symbols, mounted on a pole, cable or rope at one end.
18. Flashing Sign - Any sign that has a flashing light source, such as a reflective, strobe, or incandescent light. (Prohibited sign)
19. Freestanding or Pole Sign - A sign supported by one (1) or more poles, posts, braces or similar uprights fastened to or embedded in the ground or a foundation in the ground and not attached to any other building or structure.
20. Freestanding Monument Sign - Any on-premises sign that is mounted directly to the ground having a maximum height of six feet (6').
21. Garage or Yard Sale Sign - Any sign used to advertise an event commonly known as a “Garage or Yard sale.”
22. Government Sign - Any sign erected by or for the United States or any subdivision or agency thereof, or the State of Utah or any political subdivision or agency thereof.
23. Grand Opening Sign - A sign introducing, promoting or announcing a new business, store, shopping center or office, or an established business changing ownership. A business qualifies for a grand opening sign when it has been closed to the public for a period of thirty (30) days.
24. Holiday Sign - Any sign such as Christmas decorations or those used for a recognized national, state, or local holiday and installed for a limited period of time.
25. Home Occupation Sign - A sign identifying a home occupation legally existing on the premises.
26. Hospital Directional Sign - Any freestanding monument sign within the hospital overlay zone that is used to direct traffic and/or pedestrians to separate uses and facilities allowed within the zone.
27. Interior Sign - A sign located within the interior of a building that is visible only within the building in which the sign is located.
28. Incidental Sign - A sign, generally informational, that has a purpose secondary to the use of the property on which it is located, such as “no parking,” “loading only,” “telephone,” “welcome home,” “happy birthday,” “it’s a girl/boy,” and other similar messages. A sign with a commercial message shall not be considered incidental.
29. Illegal Sign - A sign erected without first obtaining an approved sign permit.
30. Lighted Sign - A sign made legible in the absence of daylight by devices that reflect or project light upon the sign including:
a. Backlit - The lighting of a sign from behind, through a semi-transparent material, to make the sign copy visible.
b. Illumination - The lighting of a sign from outside of the sign by directing light onto the sign face.
c. Floodlighted - The display of an image or copy, by projection, upon a surface or building face.
d. Indirect - A source of external illumination located away from the sign, which lights the sign, but which is itself not visible to persons viewing the sign from any street, sidewalk or adjacent property.
e. Internal - A source of illumination entirely with in the sign that makes the contents of the sign visible at night by means of the light being transmitted through a translucent material but wherein the source of illumination is not visible.
f. Internal/Indirect - A source of illumination entirely within an individual letter, cabinet or structure that makes the sign visible at night by means of lighting the background upon which the individual letter is mounted. The letters are opaque, and thus are silhouetted against the background. The source of illumination is not visible.
31. Marquee Sign - Any sign attached to, in any manner, or made part of a marquee.
32. Master Sign - A sign with a specific set of design standards established for the purpose of unifying a variety of signs associated with a multi-tenant, multi-use building or commercial complex. The purpose is to provide design compatibility for all signs and to integrate the signs with the architectural features of the building(s) being signed. Upon final approval of the project, all signage contained within the limits of the project, regardless of ownership, shall comply with the design standards established.
33. Menu Sign - A sign used to advertise the product available at a fast food restaurant or convenience store.
a. Freestanding Menu Sign - A sign located along the driveway to the drive-up window of a fast food restaurant or convenience store that does not contain a noise emitting devise for communication.
b. Freestanding Menu Noise Emitting Sign - A sign located along the driveway to the drive-up window of a fast food restaurant or convenience store that contains a noise emitting device for communication.
c. Wall Mounted Menu Sign - A sign either attached or painted on a wall that displays the product available at a fast food restaurant or convenience store.
34. Monument Sign - A sign where the horizontal bottom of the sign surface is attached to the ground, a foundation in the ground, or where the horizontal bottom of the sign is no more than eighteen (18) inches from the ground and where there are no poles, braces, or other visible means of support other than attachment to the ground. A monument sign may be expanded to become part of a fence surrounding a project such as an entrance feature.
35. Motion Sign - Any outdoor advertising structure and projection facility that displays changing copy by means of motion, slide or similar picture projection equipment.
36. Moveable or Portable Sign - A sign that is designed to be moved from place to place either by vehicle or manually and not permanently affixed to the ground. For the purposes of this Code Section, trailers, automobiles, and other movable objects used for the primary purpose of advertising are considered movable signs. A-frame signs are not considered to be movable signs as defined herein. (Prohibited sign)
37. Name Plate Sign - A sign identifying the name, occupation, profession, and/or address of any person(s) or occupant of the premises.
38. Necessity or Hazard Sign - A sign informing the public of any danger or hazard existing on or adjacent to the premises, or the posting of private property against trespass.
39. Nonconforming Sign - A sign or sign structure that was legally and lawfully erected prior to the adoption of this Code Section but which currently fails to conform to all of the requirements of this Code Section.
40. Off-Premises or Non-Appurtenant Sign - A sign advertising products, merchandise, services, or business establishments that is not located, conducted, manufactured, or sold at the premises upon which the sign is erected.
41. On-Premises or Appurtenant Sign - A sign advertising products, merchandise, services, or business establishments located, conducted, manufactured, or sold at the premises upon which the sign is erected.
42. Pennant Sign - A sign made of lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from rope, wire, or string, usually in series, designed to move in the wind.
43. Political Sign - Any sign used in behalf of candidates for public office or measures on election ballots solely for the purpose of a local, regional, or national election.
44. Portable Sign - Any sign that is not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A-frame or T-frame; umbrellas used for advertising; signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in normal day-to-day operations; and any banner type sign not attached parallel to a building wall. (Prohibited sign)
45. Project Sign - A sign approved by the City Council or designee, as an amenity in a large commercial development used to advertise multi-tenant projects.
46. Projecting Sign - A sign attached perpendicular to a building structure and extending in whole or in part more than twelve inches (12”) beyond the wall to which it is attached.
47. Promotional Sign - Advertising devices including banners, inflatable displays, streamers, pennants, valance, spotlights, or other similar devices intended to draw attention to a building use, product, or activity. Also to includes displays constructed out of paper, cloth, canvas, fabric cardboard, wallboard, or other materials with or without frames, intended to be displayed in or out of doors for a short period of time.
48. Public Information Sign - A sign intended to provide information or direction to the general public such as locations of parking lots and restrooms.
49. Reader Board Sign - A sign or portion of a sign with changeable copy.
50. Real Estate, Sales, Lease and Rent Sign - A sign relating to the sale, lease, or other disposition of real property upon which the sign is located.
51. Roof Sign - A sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. (Prohibited sign)
52. Roof Sign (integral) - Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and that no part of the sign is separated from the rest of the roof. Roof signs (integral)do not include painted signs on roofs. (Prohibited sign)
53. Rotating Sign - Any sign or portion of a sign that moves in a revolving or similar manner. (Prohibited sign)
54. Shingle Sign - A sign suspended from a roof overhang of a covered porch or walkway that identifies the tenant of the adjoining space.
55. Snipe Sign - A sign for which a permit is required and has not been obtained and which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or other objects with advertising appearing thereon. (Prohibited sign)
56. Special Purpose Sign - Any sign pertaining to events of a civic, political, philanthropic, education or religious organization.
57. Suspended Sign - A sign that is hung from the eave of a roof, pole, canopy or other similar structure.
58. Wall Sign - A sign erected parallel with and attached to or painted on an exterior wall of a building.
59. Window Sign, Poster Panels or Painted Bulletins - A sign attached to a window or door or installed upon a window, transparent faced container or transparent surface for the purpose of being viewed from the outside of the premises, but not including displayed merchandise. (Prohibited sign)
60. Yard Sale Sign - See Garage Sale Sign.
61. Activity Sponsor Sign - Any sign attached to an athletic facility fence that identifies and advertises the sponsors of teams or programs.
Sign Zone - A zone used to regulate the type and size of freestanding signs in a specific area of the City.
Temporary Sign - A removable sign, poles, posts, or other structure or apparatus and not fastened to a foundation or other permanent structure. A temporary sign does not promote a premises occupation or home occupation.
Zone - Any land use regulatory zone as found in Title 10 of the City Code.
E. Residential Zone
Signs in residential zones are to respect residents and maintain the residential atmosphere. The following criteria applies to signs in residential zones.
1. One (1) Sign is allowed per lot or parcel with the exception of Campaign Signs.
2. All allowed Sign Types, except as noted below, shall have a sign area no greater than eight (8) square feet and a sign height no greater than six (6) feet.
3. Lighted signs, pennant signs or balloons signs are not allowed.
4. Temporary Signs are allowed up to three (3) months in any six (6) month period. Real Estate “For Sale” signs are allowed up to one (1) year.
5. Short-Term Signs are allowed up to three (3) days before and immediately after the purpose.
a. Development Signs - The Planning Commission may allow development signs related to a specific development project along collector and arterial roads. The development project may have no more than two (2) development signs, which may be located off-premise along a collector or arterial road, which location is to be approved at the time of final approval of the project; but the development project may have one (1) On-Premise sign of the two (2) development signs. These signs may be located only on undeveloped parcels. These signs shall have a sign area no greater than twenty-four (24) square feet and a sign height no greater than ten (10) feet.
F. Commercial Zone
Signs in commercial zones are to identify and encourage businesses to flourish but allow residents quiet enjoyment and protection from light, noise, etc.
1. Permanent Signs - Businesses are allowed one (1) permanent sign on the street side, building face or wall to identify a business. Permanent signs shall have a sign area no greater than fifteen percent (15%) of the facade.
2. Temporary Signs - Businesses are allowed one (1) temporary sign per business for one (1) week or less in a 2-month period. Temporary Signs shall have a sign area no greater than eight (8) square feet and a sign height no greater than six (6) feet.
3. Monument signs are allowed at specific locations that are approved at the time of final development approval.
4. Lighted signs will not exceed one-foot candle at the property line.
5. Illuminating signs must be a dark sky sign.
a. Development Signs - The Planning Commission may allow development signs related to a specific development project along collector and arterial roads. These signs may be located only on undeveloped parcels. The development project site may have one (1) development sign. The development project may have two (2) development signs, which may be located offsite along a collector or arterial road, which location is to be approved at the time of final approval of the project. These signs shall have a sign area no greater than thirty-two (32) square feet and a sign height no greater than ten (10) feet.
1. Removal of Signs - The City may immediately remove any sign located on public property in violation of this Code. The City shall be held harmless for any damages incurred to signs as a result of their removal.
2. Previous illegal signs shall not be grandfathered in under this Code.
PENALTY AND ADOPTION
A. CONFLICTING PROVISIONS
Whenever the provisions of this Ordinance conflict with the provisions of any other Ordinance, resolution or part thereof, the more stringent shall prevail.
B. PROVISIONS SEVERABLE
This Ordinance and the various sections, clauses and paragraphs are hereby declared to be severable. If any part, sentence, clause or phrase is adjudged to be unconstitutional or invalid it is hereby declared that the remainder of the ordinance shall not be affected thereby.
C. AMENDMENT TO BE ADDED TO CITY CODE
The City Council hereby authorizes and directs that insert pages reflecting the provisions enacted hereby shall be made and placed in the City Code, Title 10.
Hereafter these amendments shall be construed as part of the Zoning Regulations of the City Code of the City of Cedar Hills, Utah, to the same effect as if originally a part thereof, and all provisions of said utilities regulations shall be applicable thereto, including, but not limited to, the enforcement, violation and penalty provisions.
E. EFFECTIVE DATE
This Ordinance shall take effect upon its passage and publication as required by law.
PASSED AND ORDERED POSTED BY THE CITY COUNCIL OF THE CITY OF CEDAR HILLS, UTAH, THIS 7TH DAY OF MARCH, 2006.
/s/ Michael C. McGee
ATTEST: Michael C. McGee, Mayor
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder