Notice is hereby given that the South Ogden City Planning Commission will hold a meeting March 8, 2018,

beginning at 6:15 p.m. in the Council Chambers located at 3950 Adams Avenue, South Ogden, Utah.

A briefing session will be held at 5:30 pm in the conference room and is open to the public.

- Chairman Raymond Rounds

A. Discussion on 40th Street/City Center and Commercial Areas Form Based Code Sign

Chapter Concerning Clarification of Manually Changeable Copy and Electronic

Message Boards

A. Approval of February 8, 2018 Planning Commission Minutes

Posted and emailed to the State of Utah Public Notice Website March 2, 2018 The undersigned, duly appointed city recorder, does hereby certify that a copy of the above notice and agenda was posted in three public places with the

South Ogden City limits on March 2, 2018. These public places being City Hall (1st and 2nd floors), the city website (www.southogdencity.com), and

emailed to the Standard-Examiner. Copies were also mailed to each commissioner.

______________________________

Leesa Kapetanov , City Recorder

In compliance with the Americans with Disabilities Act, individuals needing special accommodations, including auxiliary communicative aids and

services during the meeting should notify Leesa Kapetanov at 801-622-2709 at least 48 hours in advance.

FINAL ACTION MAY BE TAKEN ON ANY ITEM ON THIS AGENDA

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Electronic Message Boards (EMBs) Mark Vlasic

Planning March 8, 2018

Staff has no recommendation. Whether to allow and regulate EMBs is a policy decision thatneeds to be

made by the planning commission.

At the last planning commission meeting it was decided to hold off on the revision of the sign ordinance

until more information could be gathered and discussed. This report seeks to supply the information the

commissioners requested.

Examples of How Other Cities Control Electronic Message Boards

Detailed information on Electronic Sign Zoning Information prepared by the United States Sign Council

is provided at the conclusion of this report.

Codes and ordinances of several Utah cities and towns were reviewed to determine the types of

approaches used to manage Electronic Message Boards (EMBs). As described below, the approaches

documented vary widely within three general categories or approaches as follow.

1. PROHIBITION OF EMBs

Both Park City and Provo prohibit EMBs. Provo also prohibits Animated Signs. Both have

exceptions for city-owned and operated signs, and Park City has an exception for use during

special events and festivals (Sundance Film Festival, for example). Both Cities have made

significant strides in the redevelopment and preservation of their downtowns, and Provo recently

completed a comprehensive Sign and Wayfinding Study, which it is assumed recommended

elimination of EMB’s.

Draper prohibits the following types of signs:

Animated signs or signs with:

A. Visible moving, revolving, or rotating parts or visible mechanical or electrical movement of

any kind;

B. The optical illusion of movement or giving the illusion of motion; or

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C. Lights or illumination which flash, move, rotate, blink, flicker, or use intermittent electrical

pulsations;

Electronic message center signs containing video animation, flashing, or the appearance of

movement of any kind.

The focus in Draper is on limiting the sense of movement, and is assumed to be an attempt to

limit visual confusion and to promote safe traffic movement.

2. LIMITING THE USE OF EMBs TO SPECIFIC ZONES AND DISTRICTS AND

APPLYING SPECIFIC CONTROLS

This is the model used in Ogden, West Valley, Sandy and Midvale.

Ogden

EMBs are allowed in three zones (C-1 Neighborhood Commercial, A-C Airport Commercial and

A-I Airport Industrial) zones. It should be noted that EMBs are not permitted in the city core,

along major highways or as part of major commercial developments under this model. EMBs are

permitted in the zones indicated under the following conditions:

A. Electronic message display signs must have an automatic dimmer to reduce sign intensity

after dark.

B. Hours of operation for an electronic message display sign are from six o'clock (6:00)

A.M. to ten o'clock (10:00) P.M. only.

C. A message cannot be displayed by means of flashing or rapid blinking except when

changing to a different message. Each individual message shall remain for a minimum of

three (3) seconds.

D. The sign shall not cause glare or be intensely lighted at dark so that it creates a nuisance

or hazard to vehicle traffic, pedestrians or neighboring residential properties.

E. In the A-I and A-C zones the signs shall not be perpendicular to runways or create

conflicts with the safe operation of the airport.

West Valley City

EMBs signs are permitted in four zones (C-2 General Commercial, C-3 Transitional Commercial,

LI Light Industrial and M Manufacturing). They are permitted with additional restrictions in

Residential Business, Neighborhood Commercial and similar Zones. It should be noted that this is

a different approach than in Ogden, permitting the signs in most commercial areas, with the

exception of the City Center. The signs are generally permitted according as part of a monument,

pole, freeway oriented billboard, or wall sign with the following regulations:

1) Electronic message signs shall be incorporated into a monument, wall, freeway oriented

billboard, or pole sign.

i. An electronic message sign incorporated on a wall or billboard sign may occupy up

to 100% of the entire sign face. Wall signs shall be limited to one electronic

message sign per building elevation. Wall signs shall be limited to 10% coverage of

the front elevation of the building, regardless of whether a pole sign exists on the

property or not.

ii. An electronic message sign incorporated into a pole sign shall not occupy more

than 50% of the entire sign face. Freeway oriented pole signs may have 100%

electronic message sign coverage of the sign and are not required to be turned off at

night.

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iii. An electronic message sign incorporated into a monument sign shall not occupy

more than 50% of the entire sign face for a monument sign.

2) Electronic message signs shall adhere to all the height and setback regulations for the

sign on which the electronic message sign is located.

3) Electronic message signs shall be located a minimum of 100 feet from any residential

boundary. Electronic Message Signs located on Billboards that are not freeway oriented

shall be located a minimum of 200 feet from any residential boundary. In situations

where a billboard, that is an electronic message sign, is obstructed from residential view,

the Zoning Administrator may reduce the minimum setback from a residential boundary

via an Administrative Determination.

4) Lumination during the day for full color electronic message signs shall not exceed 6000

cd/m2 or NITs. Lumination during the night for full color electronic message signs shall

not exceed 1500 cd/m2 or NITs. Full color electronic message signs shall be dimmed to a

maximum of 1500 cd/m2 or NITs from 10 o’clock pm to 6 o’clock am. Lumination

during the day for monochrome color electronic message signs shall not exceed 3000

cd/m2 or NITs. Lumination during the night for monochrome color electronic message

signs shall not exceed 500 cd/m2 or NITs. Monochrome color electronic message signs

shall be dimmed to a maximum of 500 cd/m2 or NITs from 10 o’clock pm to 6 o’clock

am. Electronic message signs shall also be set with a photo-cell dimmer to automatically

dim with ambient light changes.

5) Lumination shall be set and locked with an access code prior to or at the time of

installation of the electronic message sign. The lumination settings shall not be changed

or altered at any time for the duration of the electronic message sign’s life, unless

approval from West Valley City has been granted in writing.

6) Building permits for electronic message signs shall require the sign plans to be stamped

certifying the percent of brightness the sign is set to prior to approval.

Sandy

Sandy permits EMBs in certain commercial zones. It does not permit them in the downtown area,

in Transit-oriented Development/Station Development areas or in neighborhood commercial

zones.

Midvale

EMBs are permitted in a single commercial district focused on large format uses. They are not

permitted in the historic downtown, the city core, along major road corridors or in neighborhood

commercial areas.

3. PERMITTING EMBs IN ALL COMMERCIAL DISTRICTS

This is the model used in Riverdale and South Ogden.

Riverdale

Digital display on premises signs are a conditional use in all zones that allow advertising or

informational signs provided that such signs comply with all requirements of this chapter and all

other applicable sections of this code. Electronic on premises signs that advertise or promote

businesses, products, activities, services, or events not located on the premises where the

electronic sign is located are prohibited except for the use of any on premises sign for the

advertising of "not for profit", "fundraising" events or philanthropic endeavors that do not give

attention to businesses that are not located in Riverdale City.

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A. Number of Signs Allowed: Only one on premises electronic sign may be located on a lot

but a lot may have an electronic sign and a nonelectronic sign that are combined in one

cabinet at one location (on a pole, monument, or building) provided that the total square

footage of all signage on a lot complies with all aspects of this chapter.

B. Brightness: An electronic sign shall not be excessively intense or brilliant. An electronic

sign shall not display light of such intensity or brilliance as to cause glare or otherwise

impair the vision of the driver of a motor vehicle on a public roadway or result in a

nuisance to the driver of a motor vehicle on a public roadway or a residential dwelling

unit located within two hundred feet (200') of an electronic sign.

C. Residential Areas: Residential areas shall not be adversely impacted by any electronic

sign or any other type of sign.

D. Portable Electronic Signs: Portable electronic signs are prohibited.

E. Resemblance to Traffic Signal: No electronic sign may resemble or simulate any warning

signal or any traffic lights or official traffic control signage.

F. Maximum Area: This type of on premises sign shall be restricted to a maximum area of

three hundred (300) square feet. (Ord. 864, 3-3-2015)

4. CONTROL OF SIGNS AND BILLBOARDS ALONG STATE ROAD CORRIDORS

The Utah Department of Transportation (UDOT) Outdoor Advertising Control Program (OAC)

regulates off-premise outdoor advertising displays along state routes (Washington Boulevard and

Harrison Boulevard in South Ogden).

The basis for this regulation is found within the Federal Highway Beautification Act and the State

of Utah Outdoor Advertising Act. All off-premise outdoor advertising displays located along state

routes on private property must meet standards for sizing, lighting, spacing, and zoning. These

signs may only be erected and maintained within areas zoned commercial or industrial areas. Off-

Premise Advertising is defined as an outdoor advertising sign that advertises an activity, service

or product and that is located on premises other than the premises at which activity or service

occurs or product is sold or manufactured.

Prior to construction of a new sign or alteration of an existing sign along a state route an applicant

must submit an application. An Outdoor Advertising Control Map Tutorial is available to help

navigate the functions of the map.

Control of Billboards

Billboards are a category of off-premise outdoor advertising displays and are controlled by the

State of Utah as part of the Utah Outdoor Advertising Act 72-7-501 and ensuing amendments to

the act (a copy of the follows this report.)

To paraphrase, the purpose of the act is to provide the statutory basis for the regulation of outdoor

advertising consistent with zoning principles and standards and the public policy of this state in

providing public safety, health, welfare, convenience and enjoyment of public travel, to protect

thepublic investment in highways, to preserve the natural scenic beauty of lands bordering on

highways, and to ensure that outdoor advertising shall be continued as a standardized medium of

communication throughout the state so that it is preserved and can continue to provide general

information in the specific interest of the traveling public safely and effectively.

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The Act reflects an agreement between the Governor of the state of Utah and the Secretary of

Transportation of the United States dated January 18, 1968, regarding the size, lighting, and

spacing of outdoor advertising which may be erected and maintained within areas adjacent to the

interstate, federal aid primary highway existing as of June 1, 1991, and national highway systems

highways which are zoned commercial or industrial or in other unzoned commercial or industrial

areas as defined pursuant to the terms of the agreement is hereby ratified and approved, subject to

subsequent amendments.

It should be noted that the City of South Salt Lake has extensive ordinances in place that limit

the number, extent and operation of billboards, with a focus of billboards along I-15. It is unclear

if the ordinances are aligned with the Act.

State control is somewhat controversial and a point of contention between the state and some

cities. The nature of the dispute is captured in the recent opinion by former Salt Lake City Mayor

Ralph Becker published that was in the Deseret News in response to HB 361:

Ralph Becker: Billboard legislation represents the worst of Utah politics

Published: February 24, 2018 4:23 pm

Once again, lobbyists for the outdoor advertising industry are pursuing special-interest

legislation in the 2018 Utah Legislature to further undermine citizens’ and local governments’

ability to decide how and where billboards should exist in their communities.

HB361, sponsored by House Majority Whip Francis Gibson, R-Mapleton, will prohibit local

leaders from placing restrictions on where a billboard is moved or relocated, unless local

government can acquire that billboard within 90 days. This is the industry’s latest effort to

maintain power and influence after losing a case in the Utah courts that recognized cities’ use of

eminent domain for billboards. The case centered on Salt Lake City’s "audacity" several years

ago to buy out a particularly troublesome billboard when its lease expired. The court’s ruling in

SLC’s favor offended Reagan Outdoor Advertising, and it has turned to the Legislature to further

limit any local control over billboards.

Most local governments do not have financial resources to buy out overpriced billboards. And

already, under Utah statute, a local government may not limit the location, size or height of a

billboard. HB361 sweetens this special privilege by further limiting towns’ and cities’ ability to

even purchase a billboard.

Throughout my career as a public servant — as a planning commissioner, state legislator and

mayor of Salt Lake City — I have argued that this brand of lawmaking represents the worst of

politics. And it smacks of corruption. I have great respect for people in elected office, and I

believe most public leaders are committed to serving the public. But billboard special-interest

legislation represents actions that detract from those generally good intentions, and is especially

egregious in ignoring the public interest in our state’s beauty and local control.

Billboard laws began with President and Lady Bird Johnson’s push to protect the country’s fast-

growing network of highways from roadside blight. The Highway Beautification Act of 1965

resulted in state statutes across the nation, including a Utah law that prohibited signs on rural

highways and limited them in urban areas near highway interchanges. Today, thanks to decades

of billboard industry lobbying, the Utah statute has been turned on its head. Our current laws

protect billboards and provide direct benefits to the industry. Special favors handed to the

industry by the Utah State Legislature include:

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A free ride on taxes: Billboards are treated as depreciated personal property, but given

exponentially greater value if a government wants or needs to remove them.

Prohibiting towns and cities and property owners from redeveloping otherwise vacant

lots where billboard companies have leases, harming economic development.

Requiring property owners and local governments to remove any structures, including

trees, that block the view of a billboard.

These favors for billboard companies exceed the protections afforded to any other industry in

Utah.

How does this industry receive such extraordinary benefits?

Billboard companies understand that candidates running for office need campaign contributions

and public exposure to be successful. Candidates understand that large signs in their districts

attract attention, and a billboard at a reduced rate is a hard offer to refuse. The successful

candidate is then approached by the billboard company for payback in the form of support for

innocuous sounding laws. Examples include, "technical corrections" to an existing law, or

addressing an “injustice” the billboard company suffered by a local government or court.

In the past two decades, the billboard industry spent over $1 million supporting state candidates

in Utah. Billboard statutes are so convoluted that legislators themselves often can’t decipher

them. Typically, billboard legislation is introduced late in a busy legislative session. It flies

through committee hearings with little debate or public notice, and in the rush to end a session,

the bill passes with little debate.

This year’s HB361 is a case in point. It was introduced late in the session, and its complex

wording suggests a mere "technical correction" to existing statute. And for unfortunate but

politically understandable reasons, Salt Lake City leadership has offered no opposition to this

bill, despite the clearly negative impact it will have on the community.

Enough is enough. Citizens opposed to visual blight, and to the influence pedaling of the Utah

billboard industry, can help stop industry’s reign by contacting their state representatives, and by

weighing in at the ballot box.

https://www.deseretnews.com/user/comments/900011276/ralph-becker-billboard-legislation-

represents-the-worst-of-utah-politics.html

Controlling EMB Signs

Outdoor Advertising Act

ussc UNITEDSTATESSIGNCOUNCIL

Electronic Sign Zoning Information

Electronic signs and electronic message centers are finding increasing use in On-Premise sign systems. This class of signs, utilizing state of the art computer technology and capable of full color display, provides users with the capability of instantaneous change in the display of graphic images or message content.

Because of their unique capabilities, existing local sign regulation is frequently incapable of addressing their use over the full range of their operating characteristics. The following White Paper, entitled Regulation of Electronic Message Display Signs, and produced by the Electronic Display Educational Resource Association (EDERA) is offered by USSC, without additional comment or endorsement, as a means of furthering the informational base necessary to allow for the proper use and functioning of electronic signs in local zoning jurisdictions.

REGULATION OF ELECTRONIC MESSAGE DISPLAY SIGNS

Overview We are all very fortunate to live in a society that places a premium value on freedoms, and limits governmental intrusion upon those freedoms. Freedom of speech is one of those essential freedoms, and one that is embodied within the Constitution that molds the rule of law governing this great nation. Many reputable organizations, like the U.S. Small Business Administration and the International Sign Association caution against sign regulations that interfere with the freedom of exercising commercial speech. The following information has been assembled by a coalition of manufacturers of electronic message display signs. We recognize the uncertainty surrounding the legality of certain sign regulations. We also respect the desire by communities to regulate signs, including electronic message display signs, and the need for responsible sign codes. Without engaging in debate over the legality of regulations affecting electronic message displays, the following materials are intended to develop a more sophisticated understanding of the current state of the technology, and to promote regulations that reflect the broad variations in the use of electronic message displays.

The History of Changeable Message Signs In the day when signs were primarily painted, changing messages on a sign merely required painting over the existing message. More recently, signs with removable lettering made it possible to manually change the lettering on a sign to display a new message. Electrical changeable message signs followed the invention of the light bulb, and included light bulbs arranged in a pattern where, by lighting some light bulbs and not the others, letters and numerals could be spelled out. With the advent of solid-state circuitry in the early 1970s, electronic changeable message signs became possible. The first of these products were time and temperature displays and simple text message displays using incandescent lamps. These lamps were very inefficient. They used a great deal of power and had short life expectancies. During the energy crunch of the 1980s, it became necessary to find ways to reduce the power consumption of these displays. This need initially spawned a reflective technology. This technology typically consisted of a light-reflective material applied to a mechanical device, sometimes referred to as “flip disk”

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displays. Electrical impulses were applied to a grid of disks with reflective material on one side of the disk, and a contrasting finish on the other side. The electrical impulses would position each disk within the grid to either reveal or conceal the reflective portion of the device as required, to produce an image or spell out a message. These technologies were energy efficient, but due to the mechanical nature of the product, failures were an issue. Shortly after the introduction of the reflective products, new incandescent lamps emerged. The new “wedge base” Xenon gas-filled lamps featured many positive qualities. Compared to the larger incandescent lamps that had been used for several years, the wedge base lamps were very bright, required less power to operate and had much longer lifetimes. These smaller lamps allowed electronic display manufacturers to build displays that featured tighter resolutions, allowing users to create more ornate graphic images. Next in the evolution of the changeable message sign was the LED. LED (light emitting diode) technology had been used for changeable message displays since the mid 1970s. Originally, LEDs were available in three colors: red, green and amber, but were typically used for indoor systems because the light intensity was insufficient for outdoor applications and the durability of the diodes suffered in the changing temperatures and weather conditions. As technology improved, manufacturers were able to produce displays that had the intensity and long life required for outdoor use, but were limited in the viewing angle from which they could be effectively seen. Recently, breakthroughs in this field have made available high intensity LEDs in red, green, blue and amber. These LEDs have made it possible to produce displays bright enough for outdoor use with viewing angles that are equal to, or better than, other technologies currently available. They are energy-efficient, can be programmed and operated remotely, and require little maintenance. In addition, the computer software has evolved such that a broad range of visual effects can be used to display messages and images. The spacing of the LEDs can be manipulated to achieve near-television resolution. Earlier “flip disk” and incandescent technologies have become nearly obsolete as a result.

Types of Changeable Message Signs Changeable message signs can be placed into two basic categories: manually-changed and electronically-changed. The most common form of manually-changed sign involves a background surface with horizontal channels. Letters and numerals are printed on individual plastic cards that are manually fitted into the channels on the sign face. A broad range of letter styles and colors are available. The manually-changed sign is relatively inexpensive and is somewhat versatile. Some discoloration has been experienced in the background surface materials

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with exposure to weather and the sun. Changing the message on such a sign is accomplished by having an employee or technician remove the existing plastic letter cards and replacing them with cards displaying the new message. Occasionally, such signs have been the subjects of vandals who steal the letters or, as a prank, re-arrange them to spell out undesirable messages. Over time, as letters are replaced with lettering styles that deviate in color or type style from the original set, such signs have had a tendency to take on a mix-and-match appearance. Electronic changeable message signs are generally of two types: light emitting and light reflective. Current light emitting display technologies include LED and incandescent lamp. Light reflective displays typically consist of either a reflective material affixed to a mechanical device (like a “flip disk”) or a substance commonly referred to as electronic ink. Many of the above mentioned technologies have the capabilities to display monochromatic (single color) or multiple color images. Monochrome changeable message signs are typically used to display text messages. Multiple color displays are more common in applications where color logos or video is displayed.

Operational Capabilities of Electronic Signs Electronic signs have evolved to the point of being capable of a broad range of operational capabilities. They are controlled via electronic communication. Text and graphic information is created on a computer using a software program. This software is typically a proprietary component that is supplied by the display manufacturer. These software programs determine the capabilities of the displays. The software is then loaded onto a computer that operates the sign. The computer may be installed within the sign itself, operated remotely from a nearby building, or even more remotely by a computer located miles away and connected to the sign with a telephone line modem or other remote communication technology. Since most of the software programs are proprietary, one can assume that each software program is slightly different. However, the capabilities that the programs offer are all very similar. Changeable message sign manufacturers provide software that allows the end user to be as creative or as reserved as they like. The sign can be used to display static messages only, static messages changed by a computer-generated transition from one message to the next, moving text, animated graphics and, in some applications, television-quality video. Text messages or graphic images can simply appear and disappear from the display or they can be displayed using creative entry and exit effects and transitions.

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Example: Oftentimes a display operator will choose to have a text message scroll onto the display and then “wipe-off” as if the frame has been turned like the page of a book. If a display has the capabilities to display graphics, logos or even video, it is common for the display operator to add motion to these images. Example: A display operator at a school may wish to create an animation where their school’s mascot charges across a football field and runs over the competing school’s mascot. Video-capable displays can operate much like a television. These displays can show live video, recorded video, graphics, logos, animations and text. All display capabilities are securely in the hands of the display operators. They are ultimately responsible for what type of, and how, information is displayed on their changeable message sign.

Traffic Safety Considerations Electronic message displays (EMDs) are capable of a broad variation of operations, from fully-static to fully-animated. In exterior sign use, they are often placed where they are visible to oncoming traffic. Concerns are often raised as communities change their sign codes to expressly permit such signage about the traffic safety implications for signage with moving messages. These concerns are largely unfounded. EMDs have been in operation for many years. As is typical with many technological advances, the regulatory environment has been slow to respond to advances in the technology itself. In 1978, after many years of the use of electronic signs, Congress first passed legislation dealing with the use of illuminated variable message signs along the interstate and federal aid primary highway system. The Surface Transportation Assistance Act permitted electronic message display signs, subject to state law, provided each message remained fixed on the display surface but “which may be changed at reasonable intervals by electronic process or remote control,” and did not include “any flashing, intermittent or moving light or lights.” 23 U.S.C. § 131. In 1980, and in response to safety concerns over EMDs along highways, the Federal Highway Administration published a report titled “Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-

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Message Signs.” This report was an exhaustive analysis of the safety implications of EMDs used along highways. The report highlights the inconclusive nature of safety studies that had occurred to that time, some concluding that roadside signs posed a traffic distraction, and others concluding that roadside signs do not cause traffic accidents. In view of the inevitable use of the technology in signage, the report made some sensible observations about traffic safety considerations for such signs:

1. Longitudinal location. The report recommended that spacing standards be adopted to avoid overloading the driver’s information processing capability. Unlike the standard for sign regulations in 1980, most communities today have spacing standards already integrated into their sign codes.

2. Lateral location. Often referred to as “setback,” the report initially

recommended the common sense requirement that such signs be placed where the risk of colliding into the sign is eliminated. This was a legitimate concern, as such signs were being contemplated for use by highway departments themselves in the right-of-way. Private use of roadside signs is generally limited to locations outside the right-of-way, so this should not be a significant concern. The next issue addressed by the report was visibility. The report advocated the minimum setback feasible, stating that “standards for lateral location should reduce the time that drivers’ attention is diverted from road and traffic conditions. Generally this suggests that signs should be located and angled so as to reduce the need for a driver to turn his head to read them as he approaches and passes them.” This can best be handled by permitting such signs to be located at the property line, with no setback, and angled for view by oncoming traffic.

3. Operations: Duration of message on-time. The report states that the

duration of the message on-time should be related to the length of the message, or in the case of messages displayed sequentially, the message element. For instance, based on state highway agency experience, “comprehension of a message displayed on a panel of three lines having a maximum of 20 characters per line is best when the on-time is 15 seconds. In contrast, the customary practice of signing which merely displays time and temperature is to have shorter on-times of 3 to 4 seconds.” Since this 1980 report, state highway agencies have adopted, for use on their own signs, informal standards of considerably shorter “on” time duration, with no apparent adverse effects on traffic safety. Federal legislation affecting billboard use of electronic signs

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requires only that messages be changed at “reasonable intervals.”1 Moreover, the U.S. Small Business Administration, in a report on its website reviewing safety information compiled since the 1980 report, has concluded that there is no adverse safety impact from the use of EMD signs. See http://www.sba.gov/starting/signage/safelegal.html. The most recent study was performed in 2003 by Tantala Consulting Engineers, available through the U.S. Sign Council at http://www.ussc.org/publications.html, also concluding based on field studies that EMD signs do not adversely affect traffic safety. Many small businesses using one-line EMD displays are only capable of displaying a few characters at one time on the display, changing frequently, which takes virtually no time for a driver to absorb in short glances. These signs have likewise not proven to be a safety concern, despite many years of use.

4. Operations: Total information cycle. EMD signs can be used to display

stand-alone messages, or messages that are broken into segments displayed sequentially to form a complete message. As to the sequential messages, the report recommended a minimum on-time for each message “calculated such that a motorist traveling the affected road at the 85th percentile speed would be able to read not more than one complete nor two partial messages in the time required to approach and pass the sign.”

5. Operations: Duration of message change interval and off-time. The

report defines the message change interval as the portion of the complete information cycle commencing when message “one” falls below the threshold of legibility and ending when message “two” in a sequence first reaches the threshold of legibility. This is relevant when operations such as “fade off-fade on” are used, when the first message dissolves into the second message, or when the two messages move horizontally (traveling) or vertically (scrolling) to replace the first message with the second. Off-time, on the other hand, is a message change operation that involves the straightforward turning off of the first message, with a period of blank screen, before the second message is instantly turned on.

1 The appropriate interval of message change may be affected by a variety of factors, and one standard does not fit all situations. Imagine, for instance, a bridge that serves two roadways, one with a speed limit of 30 mph and the other a highway with a speed limit of 60 mph. In a situation where the bridge is socked in by fog, an electronic sign on the approach to the bridge may be used to convey the message, “Fog ahead…on bridge…reduce speed…to 15 mph.” The driver on each roadway needs to see all the segments to the full message. The rate of changing each segment of the message needs to be different for each roadway. If the change rate were based only on the 60 mph speed, the sign on the slower roadway may appear too active. If the change rate were based only on the 30 mph speed, the result could be fatal to drivers on the highway.

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The report takes an extremely conservative approach as to message change interval, advising against the use of operations other than nearly instantaneous message changes. If such operations are permitted, the report suggests “that the figure commonly used as a measure of average glance duration, 0.3 second, be used here as a maximum permissible message change time limit.” The report further advocates minimizing off-time between messages, where static message changes are used, stating that “[a]s this interval of off-time is lengthened, the difficulty of maintaining the continuity of attention and comprehension is increased.” The conservative nature of the authors’ position is reflected both in the report, and in over twenty years of practice since the report was issued. The report cites studies indicating that, in some situations, the use of electronic operations had a beneficial effect on traffic safety, by creating a more visually-stimulating environment along an otherwise mind-numbing segment of highway, helping to re-focus and sharpen the driver’s attention to his or her surroundings. In over twenty years of experience, with numerous electronic signs nationwide utilizing the various operational capabilities for message change, there has been no significant degradation to highway safety reported. Many electronic signs used by highway departments now use a mode of transition between messages or message segments, such as traveling or scrolling. Drivers are apparently capable of attaching primacy to the visual information most critical to the driving task, with sign messages taking a secondary role. The report further expresses its limited focus upon interstate and federal aid primary highways. Noting the stimulating visual environment created by full-animation signage in places like Times Square, Las Vegas and Toronto’s Eaton Centre, the authors of the report agreed that such signs added vitality and dimension to the urban core, but discouraged the use of animation alongside the highway. The report did not deal with the use of such signs, or their operational characteristics, on roadways between the extremes of the interstate highway and the urban core. In addition, animation has now been used on highway-oriented signs in many locations for years, with no reported adverse effect of traffic safety.

In sum, the report acknowledged the appropriateness of full-animation electronic signs within the urban core, but recommended that full-animation not be used along interstate and primary highways. It took a conservative position on operations of such signs along highways, advocating static message change sequences only, with no more than 0.3 seconds of message

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change interval or “off-time” between messages. The message changes on sequential segmented messages should be displayed such that a motorist can see and read the entire chain of message segments in a single pass. Messages should be permitted to change at “reasonable intervals.” Such signs should have adequate spacing between signs, but be set back from the right-of-way as little as feasible. Since 1980, no new information has become available supporting a traffic safety concern about EMDs. They have been installed in highway locations, along city streets and in urban core settings, using all forms of operations: static, sequential messaging and full animation. Despite such widespread use, and the presence of environmental organizations generally adverse to sign displays, no credible studies have established a correlation between EMDs and a degradation in traffic safety. An article in the Journal of Public Policy and Marketing in Spring, 1997, arrived at the same conclusion. Professor Taylor, of Villanova University, analyzing this lack of data to support such a correlation, concluded that “there appears to be no reason to believe that changeable message signs represent a safety hazard.” From a safety standpoint, and based on the studies and practical experience that has been accumulated since the widespread use of EMDs, some conclusions can be reached: • In an urban core setting, where a sense of visual vitality and excitement is

desirable, full-animation EMDs have been shown to be viable without degrading traffic safety.

• In an urban setting, such as along arterial streets, EMDs have been used

with static messages changed by use of transitions such as traveling, scrolling, fading and dissolving, without any apparent impact on traffic safety. Quite likely, this can be attributed to the primacy of the navigation task, and the secondary nature of roadside signage.

• Along interstate and other limited access highways, the only significant

traffic safety analysis recommends the use of static messages only, and the federal government permits message changes at “reasonable intervals.” Many highway departments change messages on their own signs every 1-2 seconds. The report further recommends that sequential messages be timed to ensure that the entire sequence of messages be displayed in the time it takes a car to travel from initial legibility to beyond the sign. In practice, and in the 20+ years since publication of this report, the operational characteristics of such signs have been expanded to include

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fading, dissolving, scrolling and traveling, without any apparent adverse effect on traffic safety.

Regulation of Electronic Signs The history of the regulation of electronic signs has been largely marked by polar extremes in regulation. A number of zoning and sign codes have treated such signs as any other sign, with no special regulations. Others have attempted to prohibit their use in the entirety, largely out of concerns for traffic safety, and in some cases in the stated interest of aesthetics. For the reasons stated above, the traffic safety concerns have been largely unfounded. In decades of use and intense scrutiny, no definitive relationship between electronic signs and traffic accidents has been established. In fact, some studies have suggested that animated electronic signs may help keep the driver whose mind has begun to wander re-focused on the visual environment in and around the roadway. No studies support the notion that an electronic sign with a static display has a visual impact, from either a traffic safety or aesthetic impact, different from that of any other illuminated sign. Despite this, the fear of negative impact from potentially distracting signs has in the past motivated some communities to attempt to prohibit electronic signs altogether. Two common approaches have been to prohibit sign “animation” and the “intermittent illumination” of electronic signs. Both approaches have had their limitations. Electronic signs that are computer-controlled often have the capability to be displayed with a multitude of operational characteristics, many of which fall within the typical definition of “animation.” However, static display techniques are quite commonplace with electronic signs, and the cost of using electronics in relatively typical sign applications has become more affordable. The programming of an electronic sign to utilize static displays only is simple and straightforward, yet probably overkill in the legal and practical sense. Nonetheless, out of fear that the programming may be changed to animation after a sign is permitted and operational, some local regulators have attempted to take the position that LED and other electronic signs are prohibited altogether. This position is unsound. There is no legal basis to deny a static-display electronic sign, as it is legally indistinguishable from any other illuminated sign. We don’t prohibit car usage merely because the cars are designed so that they can exceed the speed limit; we issue a ticket to the driver if they do exceed the speed limit. Likewise, if a sign owner actually violates the zoning or sign code, the remedy is to cite them for the violation, not to presume that they will do so and refuse to issue

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permits at the outset. Moreover, most communities permit changing messages on signs displaying time and temperature, with no restrictions on timing. To apply a different standard to signs displaying commercial or noncommercial messages would be to regulate on the basis of the content of the sign, in violation of the First Amendment to the U.S. Constitution. The code technique of prohibiting “intermittent illumination” has its own limitations as it relates to electronic signs. The term “intermittent” suggests that the sign is illuminated at some times, and not illuminated at others. This is no basis to distinguish between an electronic sign and any other illuminated sign. Virtually all illuminated signs go through a cycle of illumination and non-illumination, as the sign is turned off during the day when illumination is not needed, or during the evening after business hours. If this were the standard, most sign owners would be guilty of a code violation on a daily basis. Other terminology may be used in sign codes, but the fact is that a regulation must be tailored to the evil it is designed to prevent. Community attitudes toward viewing digital images have changed nationwide, with personal computer use and exposure to electronic signs becoming widespread. People are simply accustomed to the exposure to such displays, more so than in years past. In some communities, there remains a concern about the potential that such signs may appear distracting, from a safety or aesthetic standpoint. Yet, static displays do not have this character, and even EMDs with moving text have not proven to have any negative impact. The real focus should be on the operations used for the change in message, and frame effects that accompany the message display. Many of these transition operations and frame effects are quite subtle, or otherwise acceptable from a community standpoint. It is now possible to define these operations, in the code itself, with sufficient specificity to be able to enforce the differences between what is acceptable and what is not. The critical regulatory factors in the display of electronic changeable message signs are: 1) Duration of message display, 2) Message transition, and 3) Frame effects. With the exception of those locations where full animation is acceptable, the safety studies indicate that messages should be permitted to change at “reasonable intervals.” Government users of signs have utilized 1-2 seconds on their own signs as a reasonable interval for message changes, and other communities permit very short display times or continuous scrolling on business signs without adverse effect. As a policy matter, some communities have elected to adopt longer duration periods, although to do so limits the potential benefits of using an electronic sign, particularly where messages are broken down into segments displayed sequentially on the sign. The message transitions and frame effects are probably the greater focus, from a sign code standpoint. It is during the message transition or frame effect that the eye is most likely drawn to the sign. What is acceptable is a matter of community

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attitude. Flashing is a frame effect that is prohibited in many communities, but other more subtle transitions can be accepted. It is relatively easy to define four basic levels of operational modes for message transitions that can be incorporated into a sign code: Level 1 Static Display Only (messages changed with no transition)

Level 2 Static Display with “Fade” or “Dissolve” transitions, or similar subtle transitions and frame effects that do not have the appearance of moving text or images

Level 3 Static Display with “Travel” or “Scrolling” transitions, or

similar transitions and frame effects that have text or animated images that appear to move or change in size, or be revealed sequentially rather than all at once

Level 4 Full Animation, Flashing and Video There are, in fact, other operations recognized within the industry. However, in practice they can be equated in visual impact with “fade,” “dissolve,” “travel” or “scrolling,” based on their visual effect, or otherwise be considered full animation. Different transition operations may be acceptable in different locations. For example, communities like Las Vegas accept full animation as a community standard, whereas others accept full animation only in urban core locations where a sense of visual vitality and excitement is desirable. Some communities may desire not to have an area with such visual stimuli, and elect to prohibit animation everywhere. However, in such a community, fade or scrolling may be acceptable forms of message transitions for static displays. In the most conservative communities, static displays with no observable transition between messages may be the only acceptable course. The next decision point for a community seeking to regulate electronic signs is procedural. Some signs may be acceptable always, while the community may determine that others are acceptable only in certain given circumstances. Alternatives to be considered for a sign code are as follows: • Permit electronic signs “as a matter of right” • Permit electronic signs with certain transitions “as a matter of right” • Permit electronic signs, subject to a review procedure

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• Permit electronic signs, with certain transitions, subject to a review

procedure • A hybrid of the above For instance, one community may find it acceptable to permit electronic signs, with full animation, as a matter of right. Other than a straightforward sign permit, no other review is required. In another community, the sign code structure may permit: 1) Static displays with no transitions as a matter of right, 2) static displays using fade or dissolve transitions as a matter of right in certain commercial zoning districts, 3) static displays using travel and scrolling transitions and animations in certain commercial districts, subject to approval of a special use permit, where the approving board can consider compatibility with surrounding land uses and attach conditions on the rate of message changes, and 4) Fully-animated/video displays in the downtown commercial district only, subject to approval of a special use permit. The level of procedure involved should be tailored to the acceptance level of the community, and the resources available should public review be desired. In the following section, we have provided model code language that can be used, for reference, to incorporate into a community’s sign code. The model language suggests code scenarios based on each of the four levels of display transitions. It also provides alternative language, for some scenarios, to either incorporate a special review procedure or not. Of course, the model language must be tailored to a particular community’s sign code. Variation may be necessary, where, for instance, the special review procedure would be by the local planning commission, city council or design review board. With ease, the model code language can be modified to meet local conditions. © 2004 Electronic Display Manufacturers Association

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Model Sign Code Provisions for Electronic Signs Level 1-Static Display (Message Changed with no Transition) Definitions ELECTRONIC MESSAGE DISPLAY – A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.

Electronic Message Displays may be permitted [with the approval of a use permit] [in the ________________________ zoning districts] subject to the following requirements:

a. Operational Limitations. Such displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating or varying of light intensity.

b. Minimum Display Time. Each message on the sign must be displayed for a minimum of (insert reasonable interval) seconds.

c. Message Change Sequence. [Alternative 1: The change of messages must be accomplished immediately.] [Alternative 2: A minimum of 0.3 seconds of time with no message displayed shall be provided between each message displayed on the sign.]

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Model Electronic Sign Code Provisions Level 2-Static Display (Fade/Dissolve Transitions) Definitions ELECTRONIC MESSAGE DISPLAY – A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. DISSOLVE – a mode of message transition on an Electronic Message Display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message. FADE – a mode of message transition on an Electronic Message Display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. FRAME – a complete, static display screen on an Electronic Message Display. FRAME EFFECT – a visual effect on an Electronic Message Display applied to a single frame to attract the attention of viewers. TRANSITION – a visual effect used on an Electronic Message Display to change from one message to another.

Electronic Message Displays may be permitted [with the approval of a use permit] [in the ________________________ zoning districts] subject to the following requirements:

a. Operational Limitations. Such displays shall contain static messages only, changed only through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images, but which may otherwise not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement of any illumination or the flashing, scintillating or varying of light intensity.

b. Minimum Display Time. Each message on the sign must be displayed for a minimum of (insert reasonable interval) seconds.

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Model Electronic Sign Code Provisions Level 3-Static Display (Travel/Scroll Transitions and Animations) Definitions ELECTRONIC MESSAGE DISPLAY – A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. DISSOLVE – a mode of message transition on an Electronic Message Display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message. FADE – a mode of message transition on an Electronic Message Display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. FRAME – a complete, static display screen on an Electronic Message Display. FRAME EFFECT – a visual effect on an Electronic Message Display applied to a single frame to attract the attention of viewers. SCROLL – a mode of message transition on an Electronic Message Display where the message appears to move vertically across the display surface. TRANSITION – a visual effect used on an Electronic Message Display to change from one message to another. TRAVEL – a mode of message transition on an Electronic Message Display where the message appears to move horizontally across the display surface.

Electronic Message Displays may be permitted [with the approval of a use permit] [in the ________________________ zoning districts] subject to the following requirements:

a. Operational Limitations. Such displays shall be limited to static displays, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once.

b. Minimum Display Time. Each message on the sign must be displayed for a minimum of (insert reasonable interval) seconds.

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Model Electronic Sign Code Provisions Level 4-Video/Animation Definitions ELECTRONIC MESSAGE DISPLAY – A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including animated graphics and video.

Electronic Message Displays may be permitted [with the approval of a use permit] [in the ________________________ zoning districts]

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Part 5Utah Outdoor Advertising Act

72-7-501 Purpose of part -- Utah-Federal Agreements ratified.(1) The purpose of this part is to provide the statutory basis for the regulation of outdoor advertising

consistent with zoning principles and standards and the public policy of this state in providingpublic safety, health, welfare, convenience and enjoyment of public travel, to protect thepublic investment in highways, to preserve the natural scenic beauty of lands bordering onhighways, and to ensure that outdoor advertising shall be continued as a standardized mediumof communication throughout the state so that it is preserved and can continue to providegeneral information in the specific interest of the traveling public safely and effectively.

(2) It is the purpose of this part to provide a statutory basis for the reasonable regulation of outdooradvertising consistent with the customary use, zoning principles and standards, the protectionof private property rights, and the public policy relating to areas adjacent to the interstate,federal aid primary highway existing as of June 1, 1991, and the national highway systemshighways.

(3) The agreement entered into between the governor of the state of Utah and the Secretary ofTransportation of the United States dated January 18, 1968, regarding the size, lighting, andspacing of outdoor advertising which may be erected and maintained within areas adjacent tothe interstate, federal aid primary highway existing as of June 1, 1991, and national highwaysystems highways which are zoned commercial or industrial or in other unzoned commercialor industrial areas as defined pursuant to the terms of the agreement is hereby ratified andapproved, subject to subsequent amendments.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-502 Definitions. As used in this part:

(1) "Clearly visible" means capable of being read without obstruction by an occupant of a vehicletraveling on the main traveled way of a street or highway within the visibility area.

(2) "Commercial or industrial activities" means those activities generally recognized as commercialor industrial by zoning authorities in this state, except that none of the following are commercialor industrial activities:

(a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh producestands;

(b) transient or temporary activities;(c) activities not visible from the main-traveled way;(d) activities conducted in a building principally used as a residence; and(e) railroad tracks and minor sidings.

(3)(a) "Commercial or industrial zone" means only:

(i) those areas within the boundaries of cities or towns that are used or reserved for business,commerce, or trade, or zoned as a highway service zone, under enabling state legislation orcomprehensive local zoning ordinances or regulations;

(ii) those areas within the boundaries of urbanized counties that are used or reserved forbusiness, commerce, or trade, or zoned as a highway service zone, under enabling statelegislation or comprehensive local zoning ordinances or regulations;

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(iii) those areas outside the boundaries of urbanized counties and outside the boundaries ofcities and towns that:

(A) are used or reserved for business, commerce, or trade, or zoned as a highway servicezone, under comprehensive local zoning ordinances or regulations or enabling statelegislation; and

(B) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured fromthe nearest point of the beginning or ending of the pavement widening at the exit from orentrance to the main-traveled way; or

(iv) those areas outside the boundaries of urbanized counties and outside the boundaries ofcities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoffas measured from the nearest point of the beginning or ending of the pavement wideningat the exit from or entrance to the main-traveled way that are reserved for business,commerce, or trade under enabling state legislation or comprehensive local zoningordinances or regulations, and are actually used for commercial or industrial purposes.

(b) "Commercial or industrial zone" does not mean areas zoned for the sole purpose of allowingoutdoor advertising.

(4) "Comprehensive local zoning ordinances or regulations" means a municipality's comprehensiveplan required by Section 10-9a-401, the municipal zoning plan authorized by Section10-9a-501, and the county master plan authorized by Sections 17-27a-401 and 17-27a-501.Property that is rezoned by comprehensive local zoning ordinances or regulations is rebuttablypresumed to have not been zoned for the sole purpose of allowing outdoor advertising.

(5) "Contiguous" means that a portion of one parcel of land is situated immediately adjacent to, andshares a common boundary with, a portion of another parcel of land.

(6) "Controlled route" means any route where outdoor advertising control is mandated by stateor federal law, including under this part and under the Utah-Federal Agreements described inSection 72-7-501.

(7) "Directional signs" means signs containing information about public places owned or operatedby federal, state, or local governments or their agencies, publicly or privately owned naturalphenomena, historic, cultural, scientific, educational, or religious sites, and areas of naturalscenic beauty or naturally suited for outdoor recreation, that the department considers to be inthe interest of the traveling public.

(8)(a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or

in any other way bring into being.(b) "Erect" does not include any activities defined in Subsection (8)(a) if they are performed

incident to the change of an advertising message or customary maintenance of a sign.(9) "Highway service zone" means a highway service area where the primary use of the land is

used or reserved for commercial and roadside services other than outdoor advertising to servethe traveling public.

(10) "Information center" means an area or site established and maintained at rest areas for thepurpose of informing the public of:

(a) places of interest within the state; or(b) any other information that the department considers desirable.

(11) "Interchange or intersection" means those areas and their approaches where traffic ischanneled off or onto an interstate route, excluding the deceleration lanes, acceleration lanes,or feeder systems, from or to another federal, state, county, city, or other route.

(12) "Maintain" means to allow to exist, subject to the provisions of this chapter.

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(13) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing sign structuresafe and in a state suitable for use, including signs destroyed by vandalism or an act of God.

(14) "Main-traveled way" means the through traffic lanes, including auxiliary lanes, accelerationlanes, deceleration lanes, and feeder systems, exclusive of frontage roads and ramps. For adivided highway, there is a separate main-traveled way for the traffic in each direction.

(15) "Major sponsor" means a sponsor of a public assembly facility or of a team or event held atthe facility where the amount paid by the sponsor to the owner of the facility, to the team, or forthe event is at least $100,000 per year.

(16) "Official signs and notices" means signs and notices erected and maintained by publicagencies within their territorial or zoning jurisdictions for the purpose of carrying out officialduties or responsibilities in accordance with direction or authorization contained in federal,state, or local law.

(17) "Off-premise sign" means a sign located in an area zoned industrial, commercial, or H-1 andin an area determined by the department to be unzoned industrial or commercial that advertisesan activity, service, event, person, or product located on premises other than the premises onwhich the sign is located.

(18) "On-premise sign" means a sign used to advertise the sale or lease of, or activities conductedon, the property on which the sign is located.

(19) "Outdoor advertising" means any outdoor advertising structure or outdoor structure used incombination with an outdoor advertising sign or outdoor sign within the outdoor advertisingcorridor which is visible from a place on the main-traveled way of a controlled route.

(20) "Outdoor advertising corridor" means a strip of land 660 feet wide, measured perpendicularfrom the edge of a controlled highway right-of-way.

(21) "Outdoor advertising structure" or "outdoor structure" means any sign structure, including anynecessary devices, supports, appurtenances, and lighting that is part of or supports an outdoorsign.

(22) "Point of widening" means the point of the gore or the point where the intersecting lane beginsto parallel the other lanes of traffic, but the point of widening may never be greater than 2,640feet from the center line of the intersecting highway of the interchange or intersection at grade.

(23) "Public assembly facility" means a convention facility as defined under Section 59-12-602 that:(a) includes all contiguous interests in land, improvements, and utilities acquired, constructed,

and used in connection with the operation of the public assembly facility, whether theinterests are owned or held in fee title or a lease or easement for a term of at least 40 years,and regardless of whether the interests are owned or operated by separate governmentalauthorities or districts;

(b) is wholly or partially funded by public money;(c) requires a person attending an event at the public assembly facility to purchase a ticket or that

otherwise charges for the use of the public assembly facility as part of its regular operation;and

(d) has a minimum and permanent seating capacity of at least 10,000 people.(24) "Public assembly facility sign" means a sign located on a public assembly facility that only

advertises the public assembly facility, major sponsors, events, the sponsors of events held orteams playing at the facility, and products sold or services conducted at the facility.

(25) "Relocation" includes the removal of a sign from one situs together with the erection of a newsign upon another situs in a commercial or industrial zoned area as a substitute.

(26) "Relocation and replacement" means allowing all outdoor advertising signs or permits theright to maintain outdoor advertising along the interstate, federal aid primary highway existingas of June 1, 1991, and national highway system highways to be maintained in a commercial

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or industrial zoned area to accommodate the displacement, remodeling, or widening of thehighway systems.

(27) "Remodel" means the upgrading, changing, alteration, refurbishment, modification, orcomplete substitution of a new outdoor advertising structure for one permitted pursuant to thispart and that is located in a commercial or industrial area.

(28) "Rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control for the convenience of the traveling public.

(29) "Scenic or natural area" means an area determined by the department to have aestheticvalue.

(30) "Traveled way" means that portion of the roadway used for the movement of vehicles,exclusive of shoulders and auxiliary lanes.

(31)(a) "Unzoned commercial or industrial area" means:

(i) those areas not zoned by state law or local law, regulation, or ordinance that are occupied byone or more industrial or commercial activities other than outdoor advertising signs;

(ii) the lands along the highway for a distance of 600 feet immediately adjacent to thoseactivities; and

(iii) lands covering the same dimensions that are directly opposite those activities on the otherside of the highway, if the department determines that those lands on the opposite side ofthe highway do not have scenic or aesthetic value.

(b) In measuring the scope of the unzoned commercial or industrial area, all measurementsshall be made from the outer edge of the regularly used buildings, parking lots, storage, orprocessing areas of the activities and shall be along or parallel to the edge of pavement of thehighway.

(c) All signs located within an unzoned commercial or industrial area become nonconforming ifthe commercial or industrial activity used in defining the area ceases for a continuous periodof 12 months.

(32) "Urbanized county" means a county with a population of at least 125,000 persons.(33) "Visibility area" means the area on a street or highway that is:

(a) defined at one end by a line extending from the base of the billboard across all lanes of trafficof the street or highway in a plane that is perpendicular to the street or highway; and

(b) defined on the other end by a line extending across all lanes of traffic of the street or highwayin a plane that is:

(i) perpendicular to the street or highway; and(ii) 500 feet from the base of the billboard.

Amended by Chapter 299, 2016 General Session

72-7-503 Advertising -- Permit required -- Penalty for violation.(1) It is unlawful for any person to place any form of advertising upon any part of the public domain,

or within 660 feet of a public highway, except within the corporate limits of a city or town, andexcept upon land in private ownership situated along the highway, without first receiving apermit from the department, if a state highway, or from the county executive, if a county road.

(2) Any person who violates this section is guilty of a class B misdemeanor.

Amended by Chapter 299, 2016 General Session

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72-7-504 Advertising prohibited near interstate or primary system -- Exceptions -- Logoadvertising -- Department rules.(1) As used in this section, "specific service trailblazer sign" means a guide sign that provides

users with business identification or directional information for services and eligible activitiesthat are advertised on a logo advertising sign authorized under Subsection (3)(a)(i).

(2) Outdoor advertising that is capable of being read or comprehended from any place on themain-traveled way of an interstate or primary system may not be erected or maintained, except:

(a) directional and other official signs and notices authorized or required by law, including signsand notices pertaining to natural wonders and scenic and historic attractions, informational ordirectional signs regarding utility service, emergency telephone signs, buried or undergroundutility markers, and above ground utility closure signs;

(b) on-premise signs advertising the sale or lease of property upon which the on-premise signsare located;

(c) on-premise signs advertising major activities conducted on the property where the on-premisesigns are located;

(d) public assembly facility signs;(e) unified commercial development signs that have received a waiver as described in Section

72-7-504.6;(f) signs located in a commercial or industrial zone;(g) signs located in unzoned industrial or commercial areas as determined from actual land uses;

and(h) logo advertising under Subsection (3).

(3)(a) The department may itself or by contract erect, administer, and maintain informational signs:

(i) on the main-traveled way of an interstate or primary system, as it existed on June 1,1991, specific service signs for the display of logo advertising and information of interest,excluding specific service trailblazer signs as defined in rules adopted in accordance withSection 41-6a-301, to the traveling public if:

(A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in the leaseor other contract agreement with a private party for the sign or sign space; and

(B) the private party for the lease of the sign or sign space pays an amount set by thedepartment to be paid to the department or the party under contract with the departmentunder this Subsection (3); and

(ii) only on rural conventional roads as defined in rules adopted in accordance with Section41-6a-301 in a county of the fourth, fifth, or sixth class for tourist-oriented directional signsthat display logo advertising and information of interest to the traveling public if:

(A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in the leaseor other contract agreement with a private party for the tourist-oriented directional sign orsign space; and

(B) the private party for the lease of the sign or sign space pays an amount set by thedepartment to be paid to the department or the party under contract with the departmentunder this Subsection (3).

(b) The amount shall be sufficient to cover the costs of erecting, administering, and maintainingthe signs or sign spaces.

(c)(i) Any sign erected pursuant to this Subsection (3) which was existing as of March 1, 2015,

shall be permitted as if it were in compliance with this Subsection (3).

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(ii) A noncompliant sign shall only be permitted for the contract period of the advertisingcontract.

(iii) A new advertising contract may not be issued for a noncompliant sign.(d) The department may consult the Governor's Office of Economic Development in carrying out

this Subsection (3).(4)

(a) Revenue generated under Subsection (3) shall be:(i) applied first to cover department costs under Subsection (3); and(ii) deposited in the Transportation Fund.

(b) Revenue in excess of costs under Subsection (3)(a) shall be deposited in the General Fundas a dedicated credit for use by the Governor's Office of Economic Development no later thanthe following fiscal year.

(5) Outdoor advertising under Subsections (2)(a), (f), (g), and (h) shall conform to the rules madeby the department under Sections 72-7-506 and 72-7-507.

Amended by Chapter 260, 2017 General Session

72-7-504.5 Public assembly facility signs -- Restrictions.(1) Signs on the premises of a public assembly facility that do not bring rental income to the owner

of the public assembly facility may advertise:(a) the name of the facility, including identifiable venues or stores within the facility; and(b) principal or accessory products or services offered on the property and activities conducted

on the property as permitted by 23 C.F.R. Section 750.709, including:(i) events being conducted in the facility or upon the premises, including the sponsor of the

current event; and(ii) products or services sold at the facility and activities conducted on the property that produce

significant income to the operation of the facility.(2) An advertising structure described in Subsection (1):

(a) shall be located on a public assembly facility or on a parcel contiguous to the public assemblyfacility;

(b) shall be under the same ownership as the public assembly facility; and(c) may not be separated from the public assembly facility by a public road.

(3) An advertising structure described in Subsection (1) may only promote a maximum of sevenmajor sponsors and the sponsor of a current event at any one time.

(4) An advertising structure described in Subsection (1) may not be located on narrow land held byeasement or anything other than a fee interest unless it is a part of a public assembly facility.

(5) A public assembly facility is exempt from the requirement under this part to have a stateoutdoor advertising permit.

Amended by Chapter 346, 2011 General Session

72-7-504.6 Unified commercial development.(1) As used in this section:

(a) "Common areas" means sidewalks, roadways, landscaping, parking, storage, and serviceareas that are identified on the approved map provided to the department describing theunified commercial development as required by this section.

(b)

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(i) "Contiguous" includes parcels that are otherwise contiguous, as defined in Section 72-7-502,that are considered to be contiguous notwithstanding a survey error or discrepancy in alegal boundary description or the presence of any of the following intervening features,including land reasonably related to those features:

(A) a road, other than a controlled route, that provides access to the development;(B) a railway right-of-way; or(C) land that is undevelopable.

(ii) "Contiguous" does not include a parcel of land that is only physically connected to anotherparcel of land by a long, narrow strip.

(c) "Permit waiver" means written approval by the department, issued to the owner of a unifiedcommercial development, to maintain a unified commercial development sign within theoutdoor corridor that is within the boundaries of a unified commercial development per thissection.

(d)(i) "Property," for purposes of the definition of " unified commercial development sign,"

includes all property within a unified commercial development upon which all owners in thedevelopment have irrevocable shared ownership and use rights and irrevocable sharedobligations to the common areas, and specifically excludes any parcels of land within aunified commercial development that allow residential use.

(ii) "Property" does not include development that involves merely reciprocal easements or useagreements among individual properties.

(iii) If the owners in an approved unified commercial development subdivide the unifiedcommercial development into individual parcels that do not meet the criteria in thisSubsection (1)(d), then the approved unified commercial development sign permit waivershall be denied or revoked.

(e) "Unified commercial development" means a development that:(i) is used primarily for commercial or industrial activities;(ii) is developed by a single developer, including successors, under a common development

plan;(iii) may include phased development;(iv) consists solely of land that is contiguous;(v) holds itself out to the public as a common development through signs and other marketing

efforts; and(vi) received planning approval from the local land use authority and is recorded in the county in

which the development was approved.(f) "Unified commercial development sign" means a sign:

(i) erected within an approved unified commercial development;(ii) erected within the outdoor advertising corridor; and(iii) that advertises only the brands, logos, or trade names of businesses, products, services,

and events that are available to the public at facilities on parcels within the boundaries of theunified commercial development.

(2)(a) The department shall issue a revocable permit waiver to the owner of a unified commercial

development, approved by the local land use authority, for the erection and maintenance ofa unified commercial development sign within the outdoor advertising corridor after receivingthe development map that:

(i) is approved by the local land use authority and recorded by the county; and(ii) shows:

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(A) the unified commercial development sign location;(B) the boundaries of the unified commercial development; and(C) included parcels, owners, and businesses within the development that would qualify to

advertise on the unified commercial development sign in compliance with this section.(b) The entity holding a permit waiver under this section shall provide an updated list of all

businesses located within the unified commercial development every 12 months from the dateof issue of the unified commercial development permit waiver.

(c) In the event that a parcel within the boundaries of the approved unified commercialdevelopment allows a residential use, is removed from the development, or does not includeirrevocable ownership and use rights and obligations, that parcel shall be excluded from theunified commercial development for purposes of determining a legal site for the sign, and anybusiness, product, service, or event occurring on that parcel shall be excluded from displayupon the unified commercial development sign.

(3) A unified commercial development sign within a unified commercial development shallprominently display the name of the development and may also advertise:

(a) the sale or lease of land within the unified commercial development where the sign is located;(b) the name of identifiable facilities or stores within the unified commercial development; and(c) products for sale or services provided to the public at licensed businesses within the unified

commercial development.(4)

(a) A unified commercial development sign may not:(i) advertise brands, logos, or trade names of businesses, products, services, events,

or activities that are not available to the public at facilities or stores within the unifiedcommercial development or are only incidental to any business within the unifiedcommercial development;

(ii) advertise products, services, brands, logos, or trade names of any business more than90 days before the opening day of business to the public within the unified commercialdevelopment of the facilities or stores of the named advertiser; or

(iii) exceed the measurable limits described in Subsection (4)(b).(b) A unified commercial development sign shall be:

(i) 750 feet, measured along the same side of an interstate right-of-way, from any other unifiedcommercial development sign within the same unified commercial development; and

(ii) 475 feet, measured along the same side of the right-of-way of any noninterstate controlledroute, from any other unified commercial development sign within the same unifiedcommercial development.

(5) A unified commercial development sign that is not maintained in compliance with this sectionshall:

(a) have the sign owner's permit waiver revoked by the department;(b) be considered as unlawful outdoor advertising; and(c) be subject to penalties described in Section 72-7-508 and Subsection 72-7-510(3)(c).

(6) Notwithstanding any other provision in this part to the contrary, any sign or structure lawfullyexisting under Laws of Utah 2016, Chapter 299, on February 1, 2017, may continue to beoperated, maintained, rebuilt, or replaced in a manner consistent with such chapter.

Amended by Chapter 260, 2017 General Session

72-7-505 Sign size -- Sign spacing -- Location in outdoor advertising corridor -- Limit onimplementation.

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(1)(a) Except as provided in Subsection (2), a sign face within the state may not exceed the

following limits:(i) maximum area - 1,000 square feet;(ii) maximum length - 60 feet; and(iii) maximum height - 25 feet.

(b) No more than two facings visible and readable from the same direction on the main-traveledway may be erected on any one sign structure. Whenever two facings are so positioned,neither shall exceed the maximum allowed square footage.

(c) Two or more advertising messages on a sign face and double-faced, back-to-back, stacked,side-by-side, and V-type signs are permitted as a single sign or structure if both faces enjoycommon ownership.

(d) A changeable message sign is permitted if the interval between message changes is notmore frequent than at least eight seconds and the actual message rotation process isaccomplished in three seconds or less.

(e) An illumination standard adopted by any jurisdiction shall be uniformly applied to all signs,public or private, on or off premise.

(2)(a) An outdoor sign structure located inside the unincorporated area of a nonurbanized county

may have the maximum height allowed by the county for outdoor advertising structures in thecommercial or industrial zone in which the sign is located. If no maximum height is providedfor the location, the maximum sign height may be 65 feet above the ground or 25 feet abovethe grade of the main traveled way, whichever is greater.

(b) An outdoor sign structure located inside an incorporated municipality or urbanized countymay have the maximum height allowed by the municipality or urbanized county for outdooradvertising structures in the commercial or industrial zone in which the sign is located. If nomaximum height is provided for the location, the maximum sign height may be 65 feet abovethe ground or 25 feet above the grade of the main traveled way, whichever is greater.

(3) Except as provided in Section 72-7-509:(a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection

72-7-504(2) or in H-1 zones may not be closer than 500 feet to an existing off-premise signadjacent to an interstate highway or limited access primary highway, except that signs may beerected closer than 500 feet if the signs on the same side of the interstate highway or limitedaccess primary highway are not simultaneously visible.

(b) Signs may not be located within 500 feet of any of the following which are adjacent to thehighway, unless the signs are in an incorporated area:

(i) public parks;(ii) public forests;(iii) public playgrounds;(iv) areas designated as scenic areas by the department or other state agency having and

exercising this authority; or(v) cemeteries.

(c)(i)

(A) Except under Subsection (3)(c)(ii), signs may not be located on an interstate highwayor limited access highway on the primary system within 500 feet of an interchange, orintersection at grade, or rest area measured along the interstate highway or freeway from

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the sign to the nearest point of the beginning or ending of pavement widening at the exitfrom or entrance to the main-traveled way.

(B) Interchange and intersection distance limitations shall be measured separately for eachdirection of travel. A measurement for each direction of travel may not control or affectany other direction of travel.

(ii) A sign may be placed closer than 500 feet from the nearest point of the beginning or endingof pavement widening at the exit from or entrance to the main-traveled way, if:

(A) the sign is replacing an existing outdoor advertising use or structure which is beingremoved or displaced to accommodate the widening, construction, or reconstruction of aninterstate, federal aid primary highway existing as of June 1, 1991, or national highwaysystem highway; and

(B) it is located in a commercial or industrial zoned area inside an urbanized county or anincorporated municipality.

(d) The location of signs situated on nonlimited access primary highways in commercial,industrial, or H-1 zoned areas between streets, roads, or highways entering the primaryhighway shall not exceed the following minimum spacing criteria:

(i) Where the distance between centerlines of intersecting streets, roads, or highways is lessthan 1,000 feet, a minimum spacing between structures of 150 feet may be permittedbetween the intersecting streets or highways.

(ii) Where the distance between centerlines of intersecting streets, roads, or highways is 1,000feet or more, minimum spacing between sign structures shall be 300 feet.

(e) All outdoor advertising shall be erected and maintained within the outdoor advertisingcorridor.

(4) Subsection (3)(c)(ii) may not be implemented until:(a) the Utah-Federal Agreement for carrying out national policy relative to control of outdoor

advertising in areas adjacent to the national system of interstate and defense highways andthe federal-aid primary system is modified to allow the sign placement specified in Subsection(3)(c)(ii); and

(b) the modified agreement under Subsection (4)(a) is signed on behalf of both the state and theUnited States Secretary of Transportation.

Amended by Chapter 402, 2015 General Session

72-7-506 Advertising -- Regulatory power of department -- Notice requirements.(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department

may make rules no more restrictive than this chapter to:(a) control the erection and maintenance of outdoor advertising along the interstate and primary

highway systems;(b) provide for enforcement of this chapter;(c) establish the form, content, and submittal of applications to erect outdoor advertising; and(d) establish administrative procedures.

(2) In addition to all other statutory notice requirements:(a) the department shall give reasonably timely written notice to all outdoor advertising permit

holders of any changes or proposed changes in administrative rules made under authority ofthis part; and

(b) any county, municipality, or governmental entity shall, upon written request, give reasonablytimely written notice to all outdoor advertising permit holders within its jurisdiction of any

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change or proposed change to the outdoor or off-premise advertising provisions of its zoningprovisions, codes, or ordinances.

Amended by Chapter 382, 2008 General Session

72-7-507 Advertising -- Permits -- Application requirements -- Duration -- Fees.(1)

(a) Outdoor advertising may not be maintained without a current permit.(b) Applications for permits shall be made to the department on forms furnished by it.(c) A permit must be obtained prior to installing each outdoor sign.(d) The application for a permit shall be accompanied by an initial fee established under Section

63J-1-504.(2)

(a) Each permit issued by the department is valid for a period of up to five years and shall expireon June 30 of the fifth year of the permit, or upon the expiration or termination of the right touse the property, whichever is sooner.

(b) Upon renewal, each permit may be renewed for periods of up to five years upon the filing of arenewal application and payment of a renewal fee established under Section 63J-1-504.

(3) Sign owners residing outside the state shall provide the department with a continuousperformance bond in the amount of $2,500.

(4) Fees may not be prorated for fractions of the permit period. Advertising copy may be changedat any time without payment of an additional fee.

(5)(a) Each sign shall have its permit continuously affixed to the sign in a position visible from the

nearest traveled portion of the highway.(b) The permit shall be affixed to the sign structure within 30 days after delivery by the

department to the permit holder, or within 30 days of the installation date of the sign structure.(c) Construction of the sign structure shall begin within 180 days after delivery of the permit by

the department to the permit holder and construction shall be completed within 365 days afterdelivery of the permit.

(6) The department may not accept any applications for a permit or issue any permit to erect ormaintain outdoor advertising within 500 feet of a permitted sign location except to the permitholder or the permit holder's assigns until the permit has expired or has been terminatedpursuant to the procedures under Section 72-7-508.

(7) Permits are transferrable if the ownership of the permitted sign is transferred.(8) Conforming, permitted sign structures may be altered, changed, remodeled, and relocated

subject to the provisions of Subsection (6).

Amended by Chapter 183, 2009 General Session

72-7-508 Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial review --Costs of removal -- Civil and criminal liability for damaging regulated signs -- Immunity forDepartment of Transportation.(1) Outdoor advertising is unlawful when:

(a) erected after May 9, 1967, contrary to the provisions of this chapter;(b) a permit is not obtained as required by this part;(c) a false or misleading statement has been made in the application for a permit that was

material to obtaining the permit;

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(d) the sign for which a permit was issued is not in a reasonable state of repair, is unsafe, or isotherwise in violation of this part; or

(e) a sign in the outdoor advertising corridor is permitted by the local zoning authority as an on-premise sign and the sign, from time to time or continuously, advertises an activity, service,event, person, or product located on property other than the property on which the sign islocated.

(2) The establishment, operation, repair, maintenance, or alteration of any sign contrary to thischapter is also a public nuisance.

(3) Except as provided in Subsections (4) and (10), in its enforcement of this section, thedepartment shall comply with the procedures and requirements of Title 63G, Chapter 4,Administrative Procedures Act.

(4)(a) The district courts shall have jurisdiction to review by trial de novo all final orders of the

department under this part resulting from formal and informal adjudicative proceedings.(b) Venue for judicial review of final orders of the department shall be in the county in which the

sign is located.(5) If the department is granted a judgment in an action brought under Subsection (4), the

department is entitled to have any nuisance abated and recover from the responsible person,firm, or corporation, jointly and severally:

(a) the costs and expenses incurred in removing the sign; and(b)

(i) $500 for each day the sign was maintained following the expiration of 10 days after notice ofagency action was filed and served under Section 63G-4-201;

(ii) $750 for each day the sign was maintained following the expiration of 40 days after notice ofagency action was filed and served under Section 63G-4-201;

(iii) $1,000 for each day the sign was maintained following the expiration of 70 days after noticeof agency action was filed and served under Section 63G-4-201; and

(iv) $1,500 for each day the sign was maintained following the expiration of 100 days afternotice of agency action was filed and served under Section 63G-4-201.

(6)(a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces, destroys,

or uses any sign controlled under this chapter without the owner's permission is liable to theowner of the sign for treble the amount of damage sustained and all costs of court, including areasonable attorney's fee, and is guilty of a class C misdemeanor.

(b) This Subsection (6) does not apply to the department, its agents, or employees if acting toenforce this part.

(7) The following criteria shall be used for determining whether an existing sign within an interstateoutdoor advertising corridor has as its purpose unlawful off-premise outdoor advertising:

(a) whether the sign complies with this part;(b) whether the premise includes an area:

(i) from which the general public is serviced according to normal industry practices fororganizations of that type; or

(ii) that is directly connected to or is involved in carrying out the activities and normal industrypractices of the advertised activities, services, events, persons, or products;

(c) whether the sign generates revenue:(i) arising from the advertisement of activities, services, events, or products not available on the

premise according to normal industry practices for organizations of that type;

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(ii) arising from the advertisement of activities, services, events, persons, or products that areincidental to the principal activities, services, events, or products available on the premise;and

(iii) including the following:(A) money;(B) securities;(C) real property interest;(D) personal property interest;(E) barter of goods or services;(F) promise of future payment or compensation; or(G) forbearance of debt;

(d) whether the purveyor of the activities, services, events, persons, or products beingadvertised:

(i) carries on hours of operation on the premise comparable to the normal industry practice fora business, service, or operation of that type, or posts the hours of operation on the premisein public view;

(ii) has available utilities comparable to the normal industry practice for an entity of that type;and

(iii) has a current valid business license or permit under applicable local ordinances, state law,and federal law to conduct business on the premise upon which the sign is located;

(e) whether the advertisement is located on the site of any auxiliary facility that is not essentialto, or customarily used in, the ordinary course of business for the activities, services, events,persons, or products being advertised; or

(f) whether the sign or advertisement is located on property that is not contiguous to a propertythat is essential and customarily used for conducting the business of the activities, services,events, persons, or products being advertised.

(8) The following do not qualify as a business under Subsection (7):(a) public or private utility corridors or easements;(b) railroad tracks;(c) outdoor advertising signs or structures;(d) vacant lots;(e) transient or temporary activities; or(f) storage of accessory products.

(9) The sign owner has the burden of proving, by a preponderance of the evidence, that theadvertised activity is conducted on the premise.

(10)(a) If the department has issued two or more notices of violation of Subsection (1)(e) for an

existing sign within the last three years, the department may bring an action to enforce in anystate court of competent jurisdiction against a person, firm, or corporation that satisfies one ormore of the following prerequisites:

(i) has a present ownership interest in the sign;(ii) had an ownership interest in the sign on one or more of the days the sign was in violation of

Subsection (1)(e);(iii) has a present ownership interest in the property upon which the sign is located, or in a

unified commercial development as defined in Section 72-7-504.6;(iv) had an ownership interest in the property upon which the sign is located, or in a unified

commercial development as defined in Section 72-7-504.6, on one or more of the days thesign was in violation of Subsection (1)(e);

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(v) received or became entitled to receive compensation in any form for the unlawful outdooradvertising; or

(vi) solicited the advertising.(b) In an action under Subsection (10)(a):

(i) the provisions of Subsections (7) and (8) apply; and(ii) the defendants have the burden of proving, by a preponderance of the evidence, that the

advertising in question is lawful under this part.(c) If the department is granted judgment in an action under this Subsection (10), the department

is entitled to recover from the defendants, jointly and severally, $1,500 for each day on whichthe sign was used for unlawful off-premises outdoor advertising.

Amended by Chapter 260, 2017 General Session

72-7-509 Existing outdoor advertising not in conformity with part -- When removal required-- When relocation allowed.(1) Any outdoor advertising lawfully in existence along the interstate or the primary systems

on May 9, 1967, and which is not then in conformity with its provisions is not required to beremoved until five years after it becomes nonconforming or pursuant to the provisions ofSection 72-7-510.

(2) Any existing outdoor advertising structure that does not comply with Section 72-7-505, but thatis located in an industrial and commercial area, an unzoned industrial and commercial area,or an area where outdoor advertising would otherwise be permitted, may be remodeled andrelocated on the same property in a commercial or industrial zoned area, or another area whereoutdoor advertising would otherwise be permitted under this part.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-510 Existing outdoor advertising not in conformity with part -- Procedure -- Eminentdomain -- Compensation -- Relocation.(1) As used in this section, "nonconforming sign" means a sign that has been erected in a zone or

area other than commercial or industrial or where outdoor advertising is not permitted underthis part.

(2)(a) The department may acquire by gift, purchase, agreement, exchange, or eminent domain,

any existing outdoor advertising and all property rights pertaining to the outdoor advertisingwhich were lawfully in existence on May 9, 1967, and which by reason of this part becomenonconforming.

(b) If the department, or any town, city, county, governmental entity, public utility, or anyagency or the United States Department of Transportation under this part, prevents themaintenance as defined in Section 72-7-502, or requires that maintenance of an existingsign be discontinued, the sign in question shall be considered acquired by the entity and justcompensation will become immediately due and payable.

(c) Eminent domain shall be exercised in accordance with the provision of Title 78B, Chapter 6,Part 5, Eminent Domain.

(3)(a) Just compensation shall be paid for outdoor advertising and all property rights pertaining to

the same, including the right of the landowner upon whose land a sign is located, acquiredthrough the processes of eminent domain.

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(b) For the purposes of this part, just compensation shall include the consideration of damagesto remaining properties, contiguous and noncontiguous, of an outdoor advertising signcompany's interest, which remaining properties, together with the properties actuallycondemned, constituted an economic unit.

(c) The department is empowered to remove signs found in violation of Section 72-7-508 withoutpayment of any compensation.

(4) Except as specifically provided in this section or Section 72-7-513, this part may not beconstrued to permit a person to place or maintain any outdoor advertising adjacent to anyinterstate or primary highway system which is prohibited by law or by any town, city, or countyordinance. Any town, city, county, governmental entity, or public utility which requires theremoval, relocation, alteration, change, or termination of outdoor advertising shall pay justcompensation as defined in this part and in Title 78B, Chapter 6, Part 5, Eminent Domain.

(5) Except as provided in Section 72-7-508, no sign shall be required to be removed by thedepartment nor sign maintenance as described in this section be discontinued unless atthe time of removal or discontinuance there are sufficient funds, from whatever source,appropriated and immediately available to pay the just compensation required underthis section and unless at that time the federal funds required to be contributed under 23U.S.C., Sec. 131, if any, with respect to the outdoor advertising being removed, have beenappropriated and are immediately available to this state.

(6)(a) If any outdoor advertising use, structure, or permit may not be continued because of the

widening, construction, or reconstruction along an interstate, federal aid primary highwayexisting as of June 1, 1991, or national highway systems highway, the owner shall have theoption to relocate and remodel the use, structure, or permit to another location:

(i) on the same property;(ii) on adjacent property;(iii) on the same highway within 5280 feet of the previous location, which may be extended

5280 feet outside the areas described in Subsection 72-7-505(3)(c)(i)(A), on either side ofthe same highway; or

(iv) mutually agreed upon by the owner and the county or municipality in which the use,structure, or permit is located.

(b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned area orwhere outdoor advertising is permitted under this part.

(c) The county or municipality in which the use or structure is located shall, if necessary, providefor the relocation and remodeling by ordinance for a special exception to its zoning ordinance.

(d) The relocated and remodeled use or structure may be:(i) erected to a height and angle to make it clearly visible to traffic on the main-traveled way of

the highway to which it is relocated or remodeled;(ii) the same size and at least the same height as the previous use or structure, but the

relocated use or structure may not exceed the size and height permitted under this part;(iii) relocated to a comparable vehicular traffic count.

(7)(a) The governmental entity, quasi-governmental entity, or public utility that causes the need for

the outdoor advertising relocation or remodeling as provided in Subsection (6)(a) shall pay thecosts related to the relocation, remodeling, or acquisition.

(b) If a governmental entity prohibits the relocation and remodeling as provided in Subsection (6)(a), it shall pay just compensation as provided in Subsection (3).

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Amended by Chapter 3, 2008 General Session

72-7-510.5 Height adjustments for outdoor advertising signs.(1) If the view and readability of an outdoor advertising sign, including a sign that is a

nonconforming sign as defined in Section 72-7-510, a noncomplying structure as defined inSections 10-9a-103 and 17-27a-103, or a nonconforming use as defined in Sections 10-9a-103and 17-27a-103 is obstructed due to a noise abatement or safety measure, grade change,construction, directional sign, highway widening, or aesthetic improvement made by an agencyof this state, along an interstate, federal aid primary highway existing as of June 1, 1991,national highway systems highway, or state highway or by an improvement created on realproperty subsequent to the department's disposal of the property under Section 72-5-111, theowner of the sign may:

(a) adjust the height of the sign; or(b) relocate the sign to a point within 500 feet of its prior location, if the sign complies with the

spacing requirements under Section 72-7-505 and is in a commercial or industrial zone.(2) A height adjusted sign under this section does not constitute a substantial change to the sign.(3) The county or municipality in which the outdoor advertising sign is located shall, if necessary,

provide for the height adjustment or relocation by ordinance for a special exception to its zoningordinance.

(4)(a) The height adjusted sign:

(i) may be erected:(A) to a height to make the entire advertising content of the sign clearly visible; and(B) to an angle to make the entire advertising content of the sign clearly visible; and

(ii) shall be the same size as the previous sign.(b) The provisions of Subsection (4)(a) are an exception to the height requirements under

Section 72-7-505.

Amended by Chapter 170, 2009 General Session

72-7-511 Violation of part -- Misdemeanor. A person who violates any provision of this part is guilty of a class B misdemeanor.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-512 Appeals by attorney general. The attorney general may take such appeals as are provided for in 23 U.S.C., Sec. 131.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-513 Relocation on state highways.(1) As used in this section, "state highway" means those highways designated as state highways in

Title 72, Chapter 4, Designation of State Highways Act, on July 1, 1999, and any subsequentlydesignated state highway.

(2) If any outdoor advertising use or structure may not be continued because of the widening,construction, or reconstruction along a state highway, the owner shall have the option torelocate and remodel the use or structure to another location:

(a) on the same property;

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(b) on adjacent property;(c) within 2640 feet of the previous location on either side of the same highway; or(d) mutually agreed upon by the owner and the county or municipality in which the use, structure,

or permit is located.(3) The relocation under Subsection (2) shall be in a commercial or industrial zoned area or where

outdoor advertising is permitted under this part.(4) The county or municipality in which the use or structure is located shall, if necessary, provide

for the relocation and remodeling by ordinance for a special exception to its zoning ordinance.(5) The relocated and remodeled use or structure may be:

(a) erected to a height and angle to make it clearly visible to traffic on the main-traveled way ofthe highway to which it is relocated or remodeled;

(b) the same size and at least the same height as the previous use or structure, but the relocateduse or structure may not exceed the size and height permitted under this part;

(c) relocated to a comparable vehicular traffic count.(6)

(a) The governmental entity, quasi-governmental entity, or public utility that causes the need forthe outdoor advertising relocation or remodeling as provided in Subsection (2) shall pay thecosts related to the relocation, remodeling, or acquisition.

(b) If a governmental entity prohibits the relocation and remodeling as provided in Subsection (2)(a), (b), or (c), it shall pay just compensation as provided in Subsection 72-7-510(3).

Amended by Chapter 72, 1999 General Session

72-7-514 Landscape control program.(1) As used in this section, "landscape control" means trimming or removal of seedlings, saplings,

trees and vegetation along the interstate, federal aid primary highway existing as of June 1,1991, and national highway system right-of-way to provide clear visibility of outdoor advertising.

(2)(a) The department shall establish a landscape control program as provided under this section.(b) Except as provided in this section, a person, including an outdoor advertising sign owner or

business owner may not perform or cause landscape control to be performed.(3)

(a) An outdoor advertising sign owner or business owner may submit a request for landscapecontrol to the department.

(b) Within 60 days of the request under Subsection (3)(a), the department shall:(i) conduct a field review of the request with a representative of the sign or business owner, the

department, and the Federal Highway Administration to consider the following issues listedin their order of priority:

(A) safety;(B) protection of highway features, including right-of-way and landscaping;(C) aesthetics; and(D) motorists' view of the sign or business; and

(ii) notify the sign or business owner what, if any, trimming, removal, restoration, banking, orother landscape control shall be allowed as decided by the department, after consultationwith the Federal Highway Administration.

(c) If the sign or business owner elects to proceed, in accordance with the decision issuedunder this subsection, the department shall issue a permit that describes what landscape

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control may be allowed, assigns responsibility for costs, describes the safety measures to beobserved, and attaches any explanatory plans or other information.

(4) The department shall establish an appeals process within the department for landscape controldecisions made under Subsection (3).

(5)(a) A person who performs landscape control in violation of this section is guilty of a class C

misdemeanor, and is liable to the owner for treble the amount of damages sustained to thelandscape.

(b) Each permit issued under this section shall notify the permit holder of the penalties underSubsection (5)(a).

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-515 Utah-Federal Agreement -- Severability clause.(1) As used in this section, "Utah-Federal Agreement" means the agreement relating to outdoor

advertising that is described under Section 72-7-501, and it includes any modifications tothe agreement that are signed on behalf of both the state and the United States Secretary ofTransportation.

(2) The provisions of this part are subject to and shall be superseded by conflicting provisions ofthe Utah-Federal Agreement.

(3) If any provision of this part or its application to any person or circumstance is found to beunconstitutional, or in conflict with or superseded by the Utah-Federal Agreement, theremainder of this part and the application of the provision to other persons or circumstancesshall not be affected by it.

Amended by Chapter 21, 1999 General Session

72-7-516 Relocating outdoor advertising structure to maintain required distance from highvoltage overhead lines.(1) If an outdoor advertising structure needs to be moved away from a high voltage power line or

lines so that the sign can be reposted or maintenance performed without having to comply withthe distance or notification requirements of Section 54-8c-2, or in order to comply with distanceor notification requirements imposed by the National Electrical Safety Code, InternationalBuilding Code, a regulation, standard, or directive of the Occupational Safety and HealthAdministration or any other similar applicable regulation, then the owner shall have the optionto remodel the structure at the same location or relocate and remodel the structure to anotherlocation within the same jurisdiction:

(a) on the same property;(b) on adjacent property;(c) within 2,640 feet of the previous location on either side of the same highway; or(d) mutually agreed upon by the owner and the county or municipality in which the structure is

located.(2) The relocation under Subsection (1) shall be in a commercial or industrial zoned area or where

outdoor advertising is permitted under this part.(3) The county or municipality in which the structure is located shall, if necessary, provide for the

relocation or remodeling by ordinance for a special exception to its zoning ordinance.(4) The relocated and remodeled structure may be:

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(a) erected to a height and angle to make it clearly visible to traffic on the main-traveled way ofthe highway to which it is relocated or remodeled;

(b) the same size and at least the same height as the previous structure, but the relocatedstructure may not exceed the size and height permitted under this part; and

(c) relocated to a location with a comparable traffic vehicular count.(5) If a governmental entity prohibits the relocation and remodeling as provided in Subsection (1)

(a), (b), or (c), it shall pay just compensation as provided in Subsection 72-7-510(3).

Amended by Chapter 330, 2006 General Session

79 ADOPTED 11/21/ 2017

9.0 Sign Types

80 ADOPTED 11/21/ 2017

9.1 General Requirements.

1. Intent.

This section seeks to enhance the economic and aesthetic appeal in each Subdistrict through the reasonable, orderly, safe, and effective display of signage.

2. Applicability.

These standards shall apply to all Subdistricts for non-residential uses only. Unless otherwise stated in this chapter, all requirements of the South Ogden, Utah City Code pertaining to sign requirements shall apply. Refer to the South Ogden City Sign Code (Title 10, Chapter 21) for permit processes, construction, design, and maintenance standards.

3. General Compliance.

Compliance with the regulations outlined shall be attained under the following situations.

(1) Newly Constructed or Reconstructed Signage. All new signs and structural improvements to existing signs.

(2) Change in Use for Single Business Signage. For signage serving one business, whenever the existing use is changed to a new use resulting in a change in signage, including rewording.

(3) Multiple-Business Signage. For signage serving multiple businesses, whenever 50% or more of the existing uses are changed to new uses resulting in a change in signage, including rewording.

(4) Damage or Destruction. When a sign has been damaged or destroyed by fire, collapse, explosion or other cause and the cost of restoration is greater than 50% of the replacement value at the time of the destruction or damage, the replacement sign shall comply with the standards in this article.

4. Prohibited and Exempt Signage

Refer to the South Ogden, Utah City Code for information on Prohibited,and Exempt Signs.

5. Sign Location.

Unless otherwise specified, signs shall only be located within the boundaries of the lot and not in the right-of-way or on public property.

(1) Certain sign types may extend beyond a property line into the right-of-way or public property with permission from the City and in accordance with the regulations outlined in this section.

(2) No sign shall be attached to a utility pole, tree, standpipe, gutter, or drain.

(3) Signs shall be erected so as to permit free ingress to or egress from any door, window, the roof, or any other exit-way required by the building code or by fire department regulations.

(4) No Sign shall be erected or maintained in such a manner as to

obstruct free and clear vision of, interfere with, or be confused with any authorized traffic sign, signal, or device.

6. Illumination.

All signs shall be illuminated according to the following provisions unless otherwise stated.

(1) Signs shall be illuminated only by steady, stationary light sources directed solely at the Sign or internal to it, except as permitted for Electronic Message Boards.

(2) Individual letters or logos may be internally illuminated as permitted per each sign type; no other portion of the sign shall be internally illuminated, except as permitted for Electronic Message Boards or unless otherwise stated.

(3) When an external artificial light source is used to illuminate a sign, the lamp (or bulb) shall be located, shielded, and directed so as to not be visible from any public street or privatve residence.(a) No receptacle or device housing a permitted light source

which is attached to the sign itself shall extend more than 18 inches from the face of the Sign.

(b) If ground lighting is used to illuminate a sign, the receptacle or device should not extend more than 12 inches above ground and must be fully screened and housed.

(4) The illumination of any sign, resulting from any internal or external artificial light source, shall not exceed 250 nits at the Sign face during the day and 125 nits at the Sign face after sunset, with no light trespass onto adjacent property.

7. Computation.

The following standards generally apply to computing the area of signs by type and by building lot. Refer to the Sign Types 9.3 - 9.11 for more information.

(1) Exempt and temporary signs are not included in the maximum signage area calculations, unless otherwise specified.

(2) Height for freestanding signs is measured from the average grade at the front property line to the top of the sign, sign cabinet, or cap, whichever is highest.

(3) For the purposes of determining area, lot width or frontage is measured along the front property line. (a) If the lot is a corner lot, the width shall be measured along

the front yard.(b) Building frontage is the width of the front facade of a

building.

9.2 Sign Types.

1. Sign Type Requirements.

The following pertain to specific sign types detailed in this section.

(1) Permitted Quantity of Signage by Subdistrict. Table 9.2 (1) details the maximum permitted amount of signage on a lot within each subdistrict. Refer to 3.0 Subdistricts for more information on each

81

subdistrict.(b) Window Signs. Window Signs shall not count towards a lot’s

maximum permitted amount of signage. Refer to 9.9 Window Signs.

(c) Signs Located on Parking Lots. One sign is permitted in addition to the maximum Signage quantities detailed in Table 9.2 (1) provided the following.(1) Permitted Sign Types are a wall, projecting, or awning

sign.(2) Maximum sign area is 30 square feet.(3) Permitted location is either the side or rear facade

along a parking lot;(d) Through Lots. In addition to the maximum amount of signage

permitted per lot, through lots may incorporate an additional 30 square feet of signage permitted for the Lot located in either the rear yard or along the rear facade.

(2) Exempt/Temporary Signs. Table 9.2 (1) does not apply to exempt or temporary signs unless otherwise specified.

(3) Iconic Sign Elements. Iconic Sign Elements of three dimensional symbols or logos are permitted under the following conditions.

Table 9.2 (1). Permitted Quantity of Signage by Subdistrict.

Maximum Permitted Quantity of Signage Per Lot

Core and General SubdistrictsNeighborhood Subdistricts

Edge Subdistricts

2 square feet per 1 linear foot of lot width with a maximum of 200 square feet or 300 square feet if a monolithic sign is used. An additional 40 square feet per additional tenant over 3 tenants permitted

1.5 square feet per 1 linear foot of lot width with a maximum of 150 square feet

No signage permitted

(a) Symbol or Logo Size. The symbol may not be larger than four feet in any direction, included in overall sign area and the surface area counts towards the Maximum Permitted Quantity of Signage per Lot.

(b) No moving parts or external illumination of the symbol may be provided.

(c) Text. The text component of the sign may not be more than 30% of the overall area of the sign.

82 ADOPTED 11/21/ 2017

9.3 Wall Sign.

1. Description.

Wall Signs, also known as flat or band signs, are mounted directly to the building face to which the sign is parallel. Refer to Figures 9.3 (1) and 9.3 (2).

2. General Requirements.

Wall Signs shall be developed according to the standards in Table 9.3 (1).

(1) Building Openings. Wall Signs shall not cover windows or other building openings.

(2) Architectural Features. Wall Signs shall not cover architectural building features.

(3) Murals. Murals, a type of Wall Sign painted onto the building face displaying the business name or activity, are prohibited on front facades.

3. Computation.

The area of a Wall Sign is calculated using the following information.

(1) Wall Signs. Area is calculated by drawing the smallest possible square or rectangle around the largest letters and/or elements, as is illustrated in Figure 9.3 (2).(a) Area Credit. All areas that utilize individual alphanumeric

characters or logos (including only those using wood, wood substitute, metal, or masonry) may use a total area of 90% of the calculation as outlined above.

(2) Mural Sign. Area is calculated by measuring the area of the smallest square or rectangle that can be drawn around all of the sign elements, including any painted background.

Figure 9.3 (1). Wall Sign. Figure 9.3 (2). Measuring Wall Signs.

Table 9.3 (1). Wall Sign Requirements.

Wall Sign Requirements

Permitted Subdistricts

All Core, General, and Neigborhood Subdistricts

Sign Area No maximum area for sign type; Refer to Table 9.2 (1) for maximum per lot

Height 2’ maximum letter or element height

Location on the Building or Site

Permitted on all facades

Placement on the Building or Site

1’ maximum projection from building face

Quantity 1 per tenant per public ROW frontage; 1 per tenant per side or rear facade on a parking lot

Internal Illumination

Permitted for individual letters and logos

MaterialsSolid wood, metal, masonry & neon glass; Plastic & synthetics permitted only as separate alphanumeric characters or logos

Wall SignCorner Market

Corner Market

Corner Market

Corner Market

Maximum Element/Letter Height.

83

Figure 9.4 (1). Projecting Sign.

Table 9.4 (1). Projecting Sign Requirements.

9.4 Projecting Sign.

1. Description.

A Projecting Sign is attached to and projects from a building face or hangs from a support structure attached to the building face. Sign faces are typically perpendicular to the building face, but may be at an angle greater than 45 degrees from the facade. The sign may be vertically or horizontally oriented. Refer to Figure 9.4 (1).

2. General Requirements.

Projecting Signs shall be developed according to the standards in Table 9.4 (1).

3. Computation.

The area of a Projecting Sign is equal to the area of one of the sign’s faces.

Projecting Sign Requirements

Permitted Subdistricts

All Core, General, and Neigborhood Subdistricts

Sign Area No maximum area for sign type;Refer to Table 9.2 (1) for maximum per lot

Height 8’ maximum sign length, 8’ minimum clearance to walk required

Location on the Building or Site

Permitted on all facades; Sign and structural supports shall not extend above the eave or parapet

Placement on the Building or Site

Shall not project closer than 3’ from back of curb

Quantity 1 per tenant per public ROW frontage; 1 per tenant per side or rear facade on a parking lot

Internal Illumination

Permitted for individual letters and logos

MaterialsSolid wood, metal, masonry & neon glass; Plastic & synthetics permitted only as separate alphanumeric characters or logos

Minimum Clearance to Walk.

Sign Area.

SIGN

Maximum Sign Length.

Sign Projection.

84 ADOPTED 11/21/ 2017

Figure 9.5 (1). Projecting Marquee Sign.

9.5 Projecting Marquee Sign.

1. Description.

A Projecting Marquee Sign is a projecting sign designed to have manually changeable copy and two to three sign faces. Refer to Figure 9.5 (1).

2. General Requirements.

Projecting Marquee Signs shall be developed according to the standards in this section and Table 9.5 (1).

(1) Manually Changeable Copy Boards. Manually Changeable Copy Boards are permitted on Projecting Marquee Signs in the Core, General, Subdistricts by right, provided the following conditions are met:(a) The area of the boards cannot equal greater than 30% of the

area of the sign face on which it is located or 32 square feet, whichever is less.

(b) One sign of any type containing a Manually Changeable Copy Board is permitted per lot.

3. Computation.

The sign area is calculated by combining the area of all exposed sign faces and the cabinet or structure surrounding them.

Table 9.5 (1). Projecting Marquee Sign Requirements.

Projecting Marquee Sign Requirements

Permitted Subdistricts

All Core, General, and Neigborhood Subdistricts, limited to Assembly Uses or Theater Uses per 4.0 Uses.

Sign AreaNo maximum area for sign type; minimum two faces per sign.Refer to Table 9.2 (1) for maximum per lot

Height 10’ minimum clearance to walk required

Location on the Building or Site

Front & corner side facades only

Placement on the Building or Site

Maximum projection from building is 6’; Shall not project closer than 1’ from back of curb

Quantity 1 per lot

Internal Illumination

Permitted for individual letters and logos

Materials

Solid wood, metal, masonry & neon glass; Plastic & synthetics permitted only on Sign face; [Electronic Message and] Manually Changeable Copy Boards permitted with conditions¹

Figure 9.5 (2). Projecting Marquee Sign Plan.

Minimum Clearance to Walk.

Sign Area.SIGN

Sign Projection.n

Building

Building

Projecting Marquee Sign

Projecting Marquee Sign

Projecting Marquee Sign

Building

Sign Face.Sign Face.

Sign Face.Sign Face.

Sign Face.

Sign Face.

Sidewalk.

Sidewalk.

Sidewalk.

85

Figure 9.6 (1). Awning Sign. Figure 9.6 (2). Measuring Awning Signs.

Table 9.6 (1). Awning Sign Requirements.

9.6 Awning Sign.

1. Description.

A sign that is mounted, painted, or otherwise applied on or attached to an awning or canopy. Refer to Figures 9.6 (1) and 9.6 (2).

2. General Requirements.

Awning Signs shall be developed according to the standards in Table 9.6 (1).

3. Computation.

The area of an Awning Sign is calculated by drawing the smallest possible square or rectangle around the largest letters and/or elements of the sign portion of the awning, as is illustrated in Figure 9.6 (2).

Awning Sign Requirements

Permitted Subdistricts

All Core, General, and Neigborhood Subdistricts

Sign AreaUp to 50% of the awning may be used for Signage; Refer to Table 9.2 (1) for maximum per lot

Height 8’ minimum clearance to walk required

Location on the Building or Site

Permitted on all facades

Placement on the Building or Site

Maximum projection from building is 6’; Shall not project closer than 2’ from back of curb; Shall not block any window, door, or the building roof.

Quantity1 per tenant per street frontage; 1 per tenant per side or rear facade on a parking lot

Internal Illumination

Not permitted

Materials Cloth, canvas, metal, or wood; All supports shall be made of metal or wood

Minimum Clearance to Walk.

Sign Projection.n

Sign Area.

Awning Sign

.

86 ADOPTED 11/21/ 2017

Figure 9.7 (2). Measuring Canopy-Mounted Signs.

Table 9.7 (1). Canopy-Mounted Sign Requirements.

9.7 Canopy-Mounted Sign.

1. Description.

A sign with individual alphanumeric characters and/or logos that is mounted on top of a permanent canopy. Refer to Figures 9.7 (1) and 9.7 (2).

2. General Requirements.

Canopy-Mounted Signs shall be developed according to the standards in Table 9.7 (1).

3. Computation.

The area of a Canopy-Mounted Sign is calculated by drawing the smallest possible square or rectangle around the largest letters and/or elements of the sign portion of the Canopy-Mounted Roof Sign, as is illustrated in Figure 9.7 (2).

Canopy-Mounted Sign Requirements

Permitted Subdistricts

All Core, General, and Neigborhood Subdistricts

Sign Area No maximum area for sign type;Refer to Table 9.2 (1) for maximum per lot

Height 2’ maximum letter or element height; Cannot project more than 2’ above roof line of canopy

Location on the Building or Site

Permitted on all facades; not intended for the principal roof of the building

Placement on the Building or Site

Shall not project beyond the front edge of the canopy; Shall not block any window, door, or the building roof.

Quantity1 per tenant per public ROW frontage; 1 per tenant per side or rear facade on a parking lot

Internal Illumination

Permitted for individual letters and logos

MaterialsSolid wood, metal, & neon glass; Plastic & synthetics permitted only as separate alphanumeric characters or logos

Figure 9.7 (1). Canopy-Mounted Sign.

CANOPY-MOUNTED SIGN

Sign Area.

SS

Maximum Height.

87

Figure 9.8 (1). Measuring Window Signs.

Table 9.8 (1). Window Sign Requirements.

9.8 Window Sign.

1. Description.

A Window Sign is posted, painted, placed, or affixed in or on a window exposed for public view or is a sign hung inside the building facing the window for public view. Refer to Figure 9.8 (1).

2. General Requirements.

Window Signs shall be developed according to the standards in Table 9.8 (1).

3. Computation.

A series of windows that are separated by frames or supporting material of less than six inches in width shall be considered a single window for the purposes of computation.

(1) Measurement. To measure sign area percentage, divide the total sign area by the total window area, as illustrated in Figure 9.8 (1).

(2) Maximum Allowance. Window Signs are not counted toward a site’s maximum signage allowance.

(3) Exempt Signs. Address and hours of operation are considered exempt Signs and are not counted in the Window Sign area calculation. Refer to 9.2.1 (2) Exempt Signs.

(4) Temporary Window Signs. Temporary Window Signs must be included in the total percentage of signage per window calculation. Refer to 9.2.1 (2) Temporary Signs.

(5) Window Signs may not be internally illuminated except for neon or similar illuminated window signs.

Window Sign Requirements

Permitted Subdistricts

All Core, General, and Neigborhood Subdistricts

Sign AreaUp to 30% of a set of continuous windows may be covered with signage; No more than 50% of any one window panel may be covered with signage

Height No maximum

Location on the Building or Site

Permitted on all facades

Placement on the Building or Site

Ground or upper story windows; May be affi xed to window or hung/mounted behind glass

QuantityNo maximum quantity, based on window Sign area for ground story; 1 per tenant per fl oor for upper stories

Internal Illumination

Not permitted, except on neon or similarly illuminated window signs

MaterialsDrawn, painted, or affi xed on the glass; Wood, metal, neon glass, plastic, or other similar materials also permitted

Set of Continuous Windows, consisting of 3 Window Panels.

SIGN

SIGNSIGN

SIGN

Sign Area.

88 ADOPTED 11/21/ 2017

9.9 Monument Sign.

1. Description.

A Monument Sign is freestanding; it is located in a front or side yard of a lot. Refer to Figures 9.9 (1) and 9.9 (2).

2. General Requirements.

Monument Signs shall be developed according to the standards in Table 9.9(1).

(1) Multiple Tenants. Multiple tenant buildings on a lot with a width of greater than 300 feet, measured across the front property line, may have signage with the following parameters:(a) Up to two Monument Signs on one frontage. (b) Signs shall be at least 150 feet apart.

(2) Pole-Mounted Signs. Monument Signs may not be pole-mounted.

(3) Manually Changeable Copy. The area of any Manually Changeable Copy cannot equal greater than 50% of the area of the sign face on which it is located or 20 square feet, whichever is less.

3. Computation.

The area of a two-sided Monument Sign is equal to the area of one Sign face. The area of a three- or four-sided Monument Sign is equal to the total area of each sign face. This measurement includes the sign, any cabinet in which it is enclosed and the electronic message center, but excludes the base of the sign.

(1) Measuring Height. Height shall include the sign face, base, cabinet, and ornamental cap.

Table 9.9 (1). Monument Sign Requirements.

Monument Sign Requirements

Permitted Subdistricts

All Core, General, and Neigborhood Subdistricts

Sign Area Maximum 70 sq ft per Sign face

Height Maximum height 6’

Location on the Building or Site

Front or Corner Yards

Placement on the Building or Site

10’ Setback from driveways & side property line; 3’ Setback1 from front & corner property lines

Quantity 1 per public ROW frontage

Internal Illumination

Permitted for individual letters and logos

MaterialsSolid wood, metal & masonry; Plastic & synthetics permitted on Sign face; Electronic Message Board permitted in certain subdistricts.

1 If placed closer than fi ve feet from the front and corner side property lines, sign must not be located in a sight triangle extending 10 feet from either side of an intersection of a driveway and a vehicular right-of-way or two vehicular rights-of-way.

Figure 9.9(2). Monument Sign with EMB.

Figure 9.9 (1). Monument Sign.

SIGNSign Area.

Height.

Sign Base.

Sign Cabinet.

SIGN

Sign Area.

Height.

Sign Base.Electronic

ElectronicMessageBoard.

Sign Cabinet.

89

Figure 9.10 (1). Three Types of Ped-Scale Pole-Mounted Signs.

Table 9.10 (1). Ped-Scale Pole-Mounted Sign Requirements.

9.10 Ped-Scale Pole-Mounted Sign.

1. Description.

A Ped-Scale Pole-Mounted Sign is freestanding and may be mounted on one or two poles. Three configurations are permitted. Refer to Figure 9.10 (1).

(1) A sign mounted onto a double set of poles.

(2) A sign mounted on a single pole.

(3) A sign hanging from a single pole.

2. General Requirements.

Ped-Scale Pole-Mounted Signs shall be developed according to the standards in Table 9.10 (1).

3. Computation.

The area of a Pole-Mounted Sign is equal to the area of one sign face, including the Electronic Message Board.

Ped-Scale Pole-Mounted Sign Requirements

Permitted Subdistricts

All Core, General, and Neigborhood Subdistricts

Sign Area 8 sq ft maximum area per sign face

Height8’ maximum height for sign mounted or hanging on a single pole; 5’ for sign mounted on double set of poles; Each pole shall have a maximum size of 3.5” by 3.5”

Location on the Building or Site

Front or Corner Yards

Placement on the Building or Site

2’ setback from front & corner property lines; Cannot overhang property lines

Quantity 1 per lot

Internal Illumination

Permitted for individual letters and logos

Materials Solid wood, metal & masonry; Plastic & synthetics permitted on Sign face

Sign Area.IGNS

Hei

ght.

Sign Area.

Hei

ght.

3. Sign hanging from a single pole.

1. Sign mounted onto a double set of poles.

2. Sign mounted on a single pole.

Sign Area.

Hei

ght. SIGN

SIGN

90 ADOPTED 11/21/ 2017

9.11 Monolithic Sign.

1. Description.

A Monolithic Sign is freestanding and continuous from the ground up without visible columns, uprights or braces and uses the total structure as a sign; it is located in a front or side yard of a lot. Refer to Figure 9.11 (1).

2. General Requirements.

Monolithic Signs shall be developed according to the standards in Table 9.11 (1).

(1) Multiple Tenants. Multiple tenant buildings on a lot with a width of greater than 300 feet, measured across the front property line, may have signage with the following parameters:(a) Up to two Monolithic Signs on one frontage. (b) Signs shall be at least 150 feet apart.

3. Computation.

The area of a two-sided Monolithic Sign is equal to the area of one Sign face. The area of a three- or four-sided Monolithic Sign is equal to the total area of each sign face. This measurement includes the sign, any cabinet in which it is enclosed and the electronic message center, but excludes the base of the sign.

(1) Measuring Height. Height shall include the sign face, base, cabinet, and ornamental cap.

Monolithic Sign Requirements

Permitted Subdistricts

Gateway Core

Sign Area Maximum 196 sq ft per Sign face

Height Maximum height 25’

Width Maximum width 8’

Location on the Building or Site

Front or Corner Yards

Placement on the Building or Site

10’ Setback from driveways & side property line; 3’ Setback1 from front & corner property lines

Quantity 1 per public ROW frontage

Internal Illumination

Permitted for individual letters and logos

MaterialsSolid wood, metal & masonry; Plastic & synthetics permitted on Sign face; Electronic Message Board permitted in certain subdistricts.

1 If placed closer than fi ve feet from the front and corner side property lines, sign must not be located in a sight triangle extending 10 feet from either side of an intersection of a driveway and a vehicular right-of-way or two vehicular rights-of-way.

Table 9.11(1)

Figure 9.11 (1). Monolithic Sign.

Sign Area Height

Sign Cabinet

SIGN

Sign Base

91

9.12 Vehicular-Scale Pole Sign.

1. Description.

A freestanding Pole-Mounted Sign that may be mounted on one or two poles. Two general configurations are permitted:

(1) A sign mounted onto a double set of poles. Refer to Figure 9.12 (1).

(2) A sign mounted on a single pole. Refer to Figure 9.12 (2).

2. General Requirements.

Vehicular-Scale Pole-Mounted Signs shall be developed according to the standards in Table 9.12 (1).

3. Computation.

The area of a two-sided Vehicular-Scale Pole Sign is equal to the area of one Sign face. The area of a three- or four-sided Vehicular-Scale Pole Sign is equal to the total area of each sign face. This measurement includes the sign, any cabinet in which it is enclosed and the electronic message center, but excludes the base of the sign.

(1) Measuring Height. Height shall include the sign face, base, cabinet, and ornamental cap.

Vehicular-Scale Pole Sign Requirements

Permitted Subdistricts

Gateway Core

Sign Area 200 sq. ft. maximum area per sign face

Height 30’ maximum, single or double pole.

Width 12’ maximum.

Clear Zone Height4’ minimum from top of foundation/ground to

bottom of sign.

Location on the Building or Site

Front Yards and Side Yards

Placement on the Building or Site

10’ setback from driveways and side property line; 3’ from front side & corner property lines (if placed closer than fi ve feet from the front and corner side property lines, sign must not be located in a sight triangle extending 10 feet from either side of an intersection of a driveway and a vehicular right-of-way or two vehicular rights-of-way; cannot overhang property lines.)

Quantity 1 per 300’ frontage maximum.

Internal Illumination

Permitted for individual letters and logos.

Materials

Solid wood, metal & masonry; plastic & synthetics permitted on sign face. Support poles may be incorporated into metal, concrete, masonry or stone footings up to 4’ high and 2’ wide.

Figure 9.12 (1). Vehicular-Scale Pole Sign mounted on a double set of poles. Figure 9.12 (2). Vehicular-Scale Pole Sign mounted on a single pole.

Sign Area

Sign Pole

30’ Max. Height

Sign Base

Sign Cabinet

SIGN

Sign Area

Sign Pole

30’ Max. Height

4’ Min.ClearZone

4’ Min.ClearZoneSign Base

Sign Cabinet

SIGN

Table 9.12(1)

92

9.13 Temporary Sign.

1. Description.

A sign used to advertise community or civic projects, construction projects, real estate for sale or lease, business openings, special events, on a temporary basis. May also be a sign temporarily used until a permanent sign is established.

Temporary signs may consist of banners, inflatables, blades, feathers, balloons, kinetic signs, building wraps, etc.

2. General Requirements.

Temporary Signs shall require a temporary sign permit and shall not be erected for more than 30 days. Each business, organization, etc. are limited to two, 30-day permits during the calendar year.

Movable A-frame and placard signs used to advertise daily events, menus, specials, etc. do not need a temporary sign permit. They are limited to 6 square feet (or 12 square feet if both sides of the sign are used) and may only be used during the operational hours of the associated permitted business and must be removed at the end of each business day.

Temporary Signs shall be developed according to the standards in Table 9.13 (1).

3. Exemptions.

The following temporary signs are exempt from permit requirements:Signs for political (see 10-21C-20 for rules specific to political signs) or civic purposes or promotions.Real estate for sale or lease signs.

4. Computation.

Temporary signs are not included in the maximum signage area calculations, unless otherwise specified.

Temporary Sign Requirements

Permitted Subdistricts

All General, Core, Neighborhood, and Edge subdistricts

Sign Area Maximum 36 sq ft per Sign face

Height Maximum height none

Width Maximum width none

Location on the Building or Site

Within property boundaries. Placement on roof not permitted

Placement on the Building or Site

Cannot block clear view area1

Quantity 1 per public ROW frontage

Internal Illumination

Not permitted

MaterialsPlastic, wood, or any fl exible woven fabric material such as cloth, paper, fi berglass, vinyl, or other synthetic product.

1 If placed closer than fi ve feet from the front and corner side property lines, sign must not be located in a sight triangle extending 10 feet from either side of an intersection of a driveway and a vehicular right-of-way or two vehicular rights-of-way.

Table 9.13(1)

Planning Commission Minutes February 8, 2018 page 1

1

2 3 4 5 6 7 8 9

10

Chair Raymond Rounds, Commissioners Jerry Jones, Mike Layton, Steve Pruess, 11

Scott Amos, and Jeremy Howe 12

13 14

John Bradley 15

16 17

Planner Mark Vlasic, Assistant City Manager Doug Gailey, and City Recorder Leesa 18

Kapetanov 19

20

21

Walt Bausman, Jerry Cottrell, Terry Tillett, and others 22

23

Note: The time stamps indicated in blue correspond to the audio recording of 24

this meeting which can be found at https://www.utah.gov/pmn/files/369929.mp3 25

or requested from the office of the South Ogden City Recorder. 26

27

A briefing session was held before the planning commission meeting in the conference 28

room adjacent to the council chambers and was open to the public. The recording for 29

the briefing meeting can be found by clicking this link: 30

https://www.utah.gov/pmn/files/369927.mp3 31

32

33 34

Chair Raymond Rounds began the meeting at 6:16 pm and called for a motion to enter into the 35

planning commission meeting: 36

Motion: 00:00:16 37

Commissioner Pruess moved to convene as the South Ogden City planning commission, 38

followed by a second from Commissioner Jones. Commissioners Jones, Layton, Howe, 39

Amos, and Pruess all voted aye. 40

41

Chair Rounds introduced new Planning Commissioner Scott Amos 42

00:00:40 43

44

45

46

Planning Commission Minutes February 8, 2018 page 2

47

A. To Receive and Consider Comments on the Proposed Re-Zone of the Property 48

Located at 5083 Harrison Boulevard From CP-2 to Neighborhood Commercial 49

Motion to enter public hearing: 50

00:02:27 51

Staff overview: 00:03:07 52

There were no comments from the public 53

Motion to close public hearing: 54

00:04:45 55

56

Commissioner Howe moved to leave the public hearing and enter into the planning 57

commission meeting. The motion was seconded by Commissioner Pruess. The 58

voice vote was unanimous in favor of the motion. 59

60

61

(Legislative)62

A. Discussion and Recommendation on the Proposed Re-Zone of the Property Located at 63

5083 Harrison Boulevard From CP-2 to Neighborhood Commercial 64

There was no discussion on this item 65

Motion 00:05:33 66

67

Commissioner Howe moved to approve the rezone of the property located at 5083 68

Harrison Boulevard from CP-2 to Neighborhood Commercial, followed by a second 69

from Commissioner Layton. Chair Rounds made a roll call vote: 70

71

Commissioner Jones- Aye 72

Commissioner Pruess- Aye 73

Commissioner Layton- Aye 74

Commissioner Amos- Aye 75

Commissioner Howe- Aye 76

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The motion stood. 78

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A. Discussion on 40th Street/City Center and Commercial Areas Form Based Code Sign 83

Chapter Concerning Clarification of Manually Changeable Copy and Electronic 84

Message Boards 85

Staff Overview: 00:07:06 86

Discussion: 00:08:13 87

Motion: 00:27:10 88

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Planning Commission Minutes February 8, 2018 page 3

Commissioner Jones moved to table the item for further review. The motion was 90

seconded by Commissioner Layton. The voice vote was unanimous in favor of the 91

motion. 92

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Chair Rounds brought up some issues concerning street striping and stop signs 96

00:28:00 97

Commissioner Layton pointed out other issues with street signs 98

00:31:13 99

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A. Approval of January 11, 2018 Planning Commission Meeting Minutes103

Motion: 00:33:28 104

Commissioner Howe moved to approve the January 11, 2018 meeting minutes. The 105

motion was followed by a second from Commissioner Pruess. All present voted aye. 106

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Jerry Cottrell, 5765 S 1075 E 110

00:36:06 111

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Motion to adjourn: 00:37:20 115

Commissioner Jones moved to adjourn. The motion was seconded by Commissioner 116

Layton. The vote was unanimous to adjourn the meeting. 117

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The meeting concluded at 6:43 pm. 120

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I hereby certify that the foregoing is a true, accurate and complete record of the South Ogden City Planning Commission Meeting 127

held Thursday, February 8, 2018. 128

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______________________________________ 130

Leesa Kapetanov, City Recorder Date Approved by the Planning Commission 131