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This code regulates to the maximum extent allowed by law.

A. Purpose. The purpose of this section is to provide minimum standards which are intended to safeguard property, public health, safety, and general welfare and to help establish a unique aesthetic character for the city through the establishment of guidelines governing the size, height, design, location, display period, and maintenance of signs. In order to help achieve this purpose, it is the goal of the general provisions as well as the specific provisions in each zone:

1. To encourage signs that help to visually organize the activities of the city, lend order and meaning to business identification, and make it easier for the public and delivery services to identify and locate their destinations;

2. To encourage a positive business atmosphere;

3. To implement the urban design goals and policies of the city established in Chapter 2 of the Midvale City General Plan;

4. To improve the visual quality of thoroughfares and eliminate visual clutter by limiting the types and display periods of temporary signs;

5. To minimize unnecessary distractions to motorists, protect pedestrians, and provide safe working conditions for those persons who are required to install, maintain, repair, or remove signs;

6. To eliminate the visual degradation imposed by billboards due to excessive height and copy areas through the city-wide prohibition of such signs; and

7. To assure that all signs, in terms of size, scale, height, and location, are compatible with adjacent land uses and with the size of development that they serve.

B. Scope.

1. It is not the intent of this section to regulate the message content of signs or to regulate signs that are not visible to the general public.

2. In interpreting the provisions contained in this section, such provisions shall be considered the minimum standards which are necessary to accomplish the purposes described above.

C. Exceptions. The following signs are not regulated by this code:

1. Signs of a governmental nature for the control of traffic and other regulatory purposes such as street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety;

2. Signs which are associated with public and quasi-public organization functions which are clearly of a temporary nature;

3. Interior signs;

4. Flags, emblems, or insignias of any nation or political subdivision;

5. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises;

6. Legal notices, identification information, or directional signs erected by governmental bodies;

7. Commemorative plaques of recognized historical agencies, or identification emblems or symbols of religious orders; provided, that no such plaque, symbol or identification emblem exceeds three square feet in area, and such that the plaque, symbol or emblem be placed flat against a building; and

8. Existing signage which has been previously approved shall not be required to comply with this chapter insofar as the initial installation is concerned. All other requirements are in force.

D. Nonconforming Signs. A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless said sign is changed so as to conform to all provisions of this chapter. Alterations shall not be interpreted to include changing the text or copy of off-premises advertising signs, theater signs, outdoor bulletin or other similar signs which are designed to accommodate changeable copy, or modifying a sign to include an electronic display as described in subsection (O) of this section.

E. Abatement. Prohibited signs are Class C misdemeanors. The nonconforming sign provisions of this chapter shall not be applicable to prohibited signs.

F. Permits. Except as provided in this code, it is unlawful to display, erect, relocate, or alter any sign without first submitting a sign permit application to the planning and zoning department in writing and obtaining a sign permit. When a city sign permit has been issued, it is unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the building official and the planning and zoning department. A written record of such approval shall be entered upon the original permit application and maintained in the files of said city official. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his/her authorized agent, or a licensed sign contractor, and shall be accompanied by the following plans and other information:

1. The name, address and telephone number of the owner or persons entitled to possession of the sign or control of the same and of the sign contractor or erector;

2. The location by street address of the proposed sign structure;

3. A site plan and elevation drawings of the proposed sign, caption of the proposed sign and elevations of building facades if the application is for a wall sign. The site plan shall include the proposed location of the sign in relation to the face of the building or to the boundaries of the lot on which it is situated;

4. Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used, stamped by a professional engineer licensed in the state;

5. Application for, and required information for such application, an electrical permit for all electric signs if the person building the sign is to make the electrical connection; and

6. A statement of sign value as personal property.

G. Permit Tag. A permit tag issued by the Midvale City department of community and economic development must be affixed to each permanent sign in a manner that is visible from the sidewalk or nearest convenient location.

H. Completion. If the work authorized under a sign permit has not been completed within three months after date of issuance, said permit shall become null and void, and there shall be no refund of any fee required by this section. An extension of time may be granted at the sole discretion of the city upon a showing of good cause.

I. Maintenance. All signs and advertising structures shall be maintained in good condition. Signs relating to a product no longer available for purchase or to a business which has moved shall be removed or the advertising copy removed within thirty days of such unavailability, closure, or relocation unless said sign has been determined to be of special historic or artistic value as determined by the Midvale City planning commission.

J. Size. The following criteria apply to calculating sign size:

1. Lot Frontage. If more than one use or business occupies a lot, the lot frontage is to be used to calculate the sign sizes for a combined total of a ground or projecting sign, not for each use. The total may then be divided between the uses.

2. Flat or Wall Signs. There may be any number of flat or wall signs, provided their total does not exceed the maximum percentage of wall area coverage allowed.

K. Traffic Hazards. Signs or other advertising structures shall not be erected at the intersection of any streets or driveways in such manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal device, or make use of words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse vehicle operators.

1. At intersecting streets and within the clear view area, there shall be no signs allowed, unless a sign is less than three feet in height as measured from the average grade of the intersecting streets.

2. For signs over pedestrian ways, the clearance between the ground and the bottom of any projecting or ground sign shall not be less than eight feet.

3. For signs over driveways for vehicular traffic, the minimum clearance shall be fourteen feet.

4. For signs more than three feet in height and having less than an eight-foot clearance, the front setback shall be the same as for buildings in that zoning district. In no case shall the front setback be less than eighteen inches from the front property line as measured from the leading edge of the sign.

L. Signs over Public Property. No sign shall be located on publicly owned land or inside street rights-of-way except signs required and erected by permission of an authorized public agency. This restriction shall include, but not be limited to, handbills, posters, advertisements or notices that are fastened, placed, posted, painted, or attached in any way upon any curbstone, lamp post, telephone pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk or street. No projecting sign attached to a building shall project over public property more than four feet and in no case be closer than four feet to the curb line or edge of street, whichever is more restrictive.

M. Clearance and Setbacks. The following criteria apply to all signs:

1. Clear View. At intersecting streets, all signs shall be located outside of the clear view area.

2. Setbacks. Ground signs must be set back at least three feet from a public sidewalk or property line.

N. Exempt Sign Changes. The following changes do not require a sign permit:

1. The changing of the advertising copy or message of signs specifically designed for the use of replaceable copy;

2. Electrical maintenance, repainting, or cleaning maintenance of a sign;

3. The repair of a sign;

4. Real estate signs no larger than six square feet;

5. Campaign signs no larger than sixteen square feet; and

6. Name plate signs.

O. Off-Premises Sign Upgrade. An existing off-premises sign may be modified, without affecting such sign’s nonconforming use or noncomplying structure status, to include an electronic display so long as the proposed modification complies with each of the following requirements:

1. The applicant must submit a complete application in accordance with subsection (F) of this section and comply with the other requirements of the Midvale City Code.

2. The sign must be located along I-15, 900 East/Husky Highway or State Street.

3. The electronic display may only use light emitting diode (LED) displays, or a similar technology approved by the planning and zoning department.

4. A changeable message sign face that utilizes lighting technologies (such as light emitting diodes) to create changeable messages shall be equipped with a light sensor that automatically adjusts the illuminance of the changeable message sign face as ambient lighting changes.

5. The interval between message changes on an electronic display shall not be more frequent than eight seconds and the actual message rotation process must be accomplished in one-quarter second or less.

6. Electronic display sign faces which contain, include, or are illuminated by any flashing, intermittent, full motion video, scrolling, strobing, racing, blinking, changes in color, fade in or fade out or any other imitation of movement or motion, or any other means not providing constant illumination are prohibited.

7. Off-premises signs that are within six hundred linear feet along State Street or 900 East and five hundred linear feet along I-15, as measured along the same side of the right-of-way as an off-premises sign that has been upgraded to include an electronic display, do not qualify to be upgraded.

8. Only one sign face of the same “layered” off-premises sign(s) (i.e., two or more off-premises signs mounted in vertical tiers on the same support structure, so that such sign faces are effectively visible at the same time from any vantage point, as reasonably determined by the city) may be upgraded to include an electronic display.

9. Only one sign face of the same “side-by-side” off-premises sign(s) (i.e., two or more off-premises signs mounted horizontally on the same support structure, so that such sign faces are effectively visible at the same time from any vantage point, as reasonably determined by the city) may be upgraded to include an electronic display.

10. Both faces of a double-sided off-premises sign, facing opposite directions (i.e., mounted back-to-back on the same support structure, so that such sign faces are not visible at the same time from any vantage point), qualify to be upgraded to electronic displays.

11. The text, images and graphics of the sign shall be static and complete within themselves, without continuation in content to the next image or message or to any other sign.

12. In no event shall an electronic display sign face increase the nighttime ambient illumination when replacing an existing illuminated billboard face and in no event shall an electronic display sign face, replacing a nonilluminated billboard face, increase nighttime ambient illumination by more than 0.3 foot-candles. In both instances, this measurement will be determined when measured perpendicular to the electronic display sign face at a distance based on the sign face size in accordance with the following formula:

Changeable Message Sign Face Size (in sq. ft.)

Measurement Distance (in ft.)

0—100

100

101—350

150

651—1,000

250

13. The applicant shall certify its compliance with the above illuminance within a week of operating the electronic display and shall produce a copy of the certification upon request.

14. Any off-premises sign face upgraded under this subsection (O) to a sign located within three hundred fifty feet and oriented toward a legally occupied residential dwelling, measured from the electronic display face to the residential dwelling, shall be required to adhere to a curfew as described below:

a. If an off-premises sign with an electronic display face is within three hundred fifty feet of a legally occupied dwelling that is within a forty-five-degree radius area measured from the center point of the electronic display face, then this electronic display face shall display only one static illuminated message nightly from eleven p.m. until six a.m.; or

b. If an off-premises sign with an electronic display face is within one hundred fifty feet of a legally occupied dwelling that is within a ninety-degree radius area measured from the center point of the electronic display face, then this electronic display face shall be shut off nightly from eleven p.m. until six a.m.

The curfew conditions in subsections (O)(14)(a) and (b) of this section are not applicable to the extent that the message displayed is an emergency public safety warning or alert, such as an AMBER Alert.

15. No off-premises sign located within a residential (SF-1, SF-2, RM-12, RM-25) or historic zoning (HC) district shall be upgraded to include an electronic display.

16. An upgrade may not increase the height or the size of the display area of the sign.

17. This subsection (O) does not authorize the location of a new off-premises sign in a location not permitted or allowed under the existing and applicable ordinances. (Ord. 2014-03 § 1 (Att. A); Ord. 5/1/2007O-5 § 1 (part); Ord. 11/23/2004O-34 § 1(1); Ord. 12-11-2001C § 2 (part))