Chapter 17.90


17.90.010    Purpose.

17.90.020    Interpretation.

17.90.030    Scope and application.

17.90.040    Definitions.

17.90.050    Permit required.

17.90.060    Abatement of dangerous signs.

17.90.070    Construction standards.

17.90.080    Violation and penalties – Other remedies.

17.90.090    General sign provisions.

17.90.100    Nonconforming signs.

17.90.110    Prohibited signs.

17.90.120    Signs permitted by zone.

17.90.010 Purpose.

This chapter seeks to promote the public safety, general welfare, aesthetics, and business community of West Point City by regulating the use and construction of signs. [Ord. 10-02-2007A § 2. Code 2000 § 17-24-1].

17.90.020 Interpretation.

The sign requirements contained herein are declared to be the maximum allowable, and sign types not specifically allowed as set forth within this chapter are prohibited. Where other ordinances are in conflict with the provisions of this chapter, the most restrictive ordinance shall apply. [Ord. 10-02-2007A § 2. Code 2000 § 17-24-2].

17.90.030 Scope and application.

Except as provided in this title, a sign shall not be erected, raised, moved, placed, reconstructed, extended, enlarged or altered unless in conformity with the regulations herein specified. 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 title. [Ord. 10-02-2007A § 2. Code 2000 § 17-24-3].

17.90.040 Definitions.

In this chapter the terms, phrases, words, and their derivatives shall have the meanings as stated and defined in this chapter. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. Words not defined in this chapter, but defined in this title, shall be construed as so defined.

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

“Building, front line of” means the line of that face of the building or structure nearest the front line of the lot. This face includes sun parlors, bay windows, covered and/or uncovered porches whether enclosed or unenclosed, but does not include uncovered steps less than four feet above grade and eaves overhanging less than two feet.

“Building line” means a vertical surface intersecting the ground along a line at which the front of the building occupies the lot on which it is constructed.

“Front footage of building occupancy” means a single lineal dimension measured horizontally along the front major entrance of a building which defines the limit of a particular occupancy at that location.

“Nonconforming sign or sign structure” means a sign or sign structure or portion thereof lawfully existing at the time the ordinance codified in this chapter became effective, which does not conform to all height, area, and yard regulations prescribed in the zone in which it is located.

“Setback” means the minimum distance that any portion of a sign or sign structure shall be from any street right-of-way line and yard line coterminous with a street.

“Sign” means every advertising message, announcement, declaration, demonstration, display, illustration, insignia surface, or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interests of any person, entity, product, or service. The definition of “sign” shall also include the sign structure, supports, lighting system, and any attachments, ornaments or other features used to draw the attention of observers. This definition does not include any flag, badge, or ensign of any government or governmental agency erected for and used to identify said government or governmental agency.

“Sign, ‘A’ frame” means a temporary sign constructed with two sides attached at the top so as to allow the sign to stand in an upright position.

“Sign, advertising” means an off-premises sign.

“Sign area” means the areas of a sign that are used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back-to-back or double-face sign covering the same subject shall be computed when the signs are parallel or diverge from a common edge by an angle of not more than 45 degrees. In relation to signs that do not have a frame or a separate background, sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display.

“Sign, attached” means a sign which is fastened, attached, painted, connected or supported in whole or in part by a building or structure.

“Sign, awning” means a roofed structure constructed of fabric or metal placed so as to extend outward from the building providing a protective shield for doors, windows, and other openings with supports extending back to the building, supported entirely by the building.

“Sign, balloon” means an advertisement supported by a balloon anchored to the premises where the advertised use is conducted, commodity sold or service performed.

“Sign, banner” means a sign constructed of cloth, canvas, fabric, or other light material and designed to be displayed across or over a public right-of-way for a short period of time.

“Sign, billboard” means a freestanding, off-premises sign, larger than 200 square feet, designed or intended to direct attention to a business, product, or service.

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

“Sign, changeable copy (manual)” means a sign on which copy is changed manually in the field, e.g., reader boards with changeable letters.

“Sign, civic, institutional, or philanthropic” means a sign erected by a public or nonprofit agency, service club, etc., for civic or public information.

“Sign, construction” means a sign identifying an existing or proposed development project which may contain the name of the project, and name and address of construction firms, architects, engineers, developers, etc.

“Sign, detached” means a sign not supported in whole or in part by a building or structure other than by a sign structure which is supported wholly by the ground.

“Sign, electronic message” means a sign that has an electronic message display.

“Sign, floodlighted” means a sign made legible in the absence of daylight by devices which reflect or project light upon it.

“Sign, forced air” means any sign or device that uses a blower to force air through fabric to draw attention from observers.

“Sign, frame” means a movable sign mounted on a frame.

“Sign, home occupation” means a sign associated with a legally approved home business.

“Sign, identification” means a sign displayed to indicate the name or nature of buildings or uses other than commercial or industrial uses located upon the premises, i.e., schools, churches, hospitals, etc.

“Sign, illuminated” means a sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper.

“Sign, interior” means a sign located within a building so as to be visible only from within the building in which the sign is located.

“Sign, low profile” means on-premises or identification signs having a maximum height of four feet, incorporated into some form of landscape design scheme or planter box.

“Sign, marquee” means a permanent roofed structure designed to meet all provisions of the current International Building Code and other specifications as outlined in this title. Where specifications as outlined in this title are different from the provisions of the International Building Code, the more restrictive shall apply.

“Sign, memorial” means a sign or tablet that states the name of a building or the date of the building’s erection and cut into the surface or facade of a building.

“Sign, mobile” means any sign mounted so that it is capable of being moved or of moving, including, but not limited to, frame, pedestal, trailer, and vehicle signs.

“Sign, moving” means any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic, or kinetic means, including intermittent electrical pulsations.

“Sign, name plate” means a sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises.

“Sign, neighborhood identification” means a permanent sign that only designates the neighborhood or tract name.

“Sign, off-premises” means an advertising sign which directs attention to a use, product, commodity, or service not on the premises.

“Sign, on-premises” means a sign which directs attention to a use conducted, product or commodity sold, or service performed upon the premises on which it is located.

“Sign, open house” means a temporary off-premises sign advertising real estate open for inspection. This sign shall not exceed three feet in height and shall not exceed eight square feet in size.

“Sign, pedestal” means a movable sign supported by a column(s) so as to allow the sign to stand in an upright position.

“Sign, projecting” means a sign attached to a building or other structure and extending in whole or in part more than 24 inches beyond any wall of the building or structure.

“Sign, property (real estate)” means a sign related to the property upon which it is located and offering such property for sale or lease.

“Sign, public necessity” means a sign informing the public of any danger or hazard existing on or adjacent to the premises.

“Sign, roof” means a sign erected partly or wholly on or over the roof of a building, including ground signs that rest on or overlap a roof 12 inches or more.

“Sign, service” means a sign which is incidental to a use lawfully occupying the property upon which the sign is located and which sign is necessary to provide information to the public, such as direction to parking lots, location of rest rooms, and sale of agricultural products produced upon the premises, and which bear, as an incidental part of the sign, the name, address or trademark of persons furnishing such sign to the owner of the premises.

“Sign, temporary” means any sign, banner, pennant, valance, balloon, or advertising display constructed of cloth, canvas, fabric, cardboard, wall board, plastic, or other light materials with or without frame where the sign is not permanently affixed to the ground or structure. Spotlights shall also be considered a temporary sign.

“Sign, time and temperature device” means any mechanism that displays the time and/or temperature, but does not display any commercial advertising or identification.

“Sign, trailer” means a sign mounted on a trailer or having wheels.

“Sign, vehicle” means a sign on a vehicle, whether the vehicle is operable or not.

“Sign, window” means a sign either attached to a window or door or located within a building so as to be visible through a window or door by people outside of the building.

“Structure” means anything constructed or erected which requires location on or below the ground or attached to something having location on or below the ground, including signs but not including fences or walls used as fences which are six feet or less in height. [Ord. 10-16-2012B § 1; Ord. 10-02-2007A § 2. Code 2000 § 17-24-4].

17.90.050 Permit required.

A. Permits. Except as provided in this chapter, it shall be unlawful to display, erect, relocate, or alter any sign without first filing with the community development department an application in writing and obtaining a sign permit. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits are required for electric signs. When a sign permit has been issued by the community development department, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the building official.

B. Application for Permit. 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 authorized agent, or a licensed sign contractor. The application for a sign permit 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 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 and colors of the proposed sign, and such other data as are pertinent to the application. The site plan shall include the proposed location of the sign in relation to the face of the building and 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.

5. Application and required information for an electrical permit for all electric signs.

6. A statement of valuation.

C. Fees for Sign Permit. Sign permit fees shall be as established from time to time by resolution of the city council.

D. Completion Date. If the work authorized under a sign permit has not been completed within 180 days after the permit was issued, said permit shall expire and become null and void, and there shall be no refund of any fee required by this chapter.

E. Permission of Property Owner. No person shall erect, construct or maintain any sign upon any property or building without the written consent of the owner or person entitled to possession of the property or building, if any, or their authorized representatives.

F. Illegal Signs. No person shall erect or maintain or permit to be erected or maintained on any premises owned or controlled by him any sign which does not comply with the provisions of this title.

G. Sign Permit Not Required. The following do not require a sign permit:

1. The changing of the text or copy of permitted signs.

2. The electrical, painting, or cleaning maintenance or repair of a permitted sign in accordance with the permit.

3. Interior signs.

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

5. Political signs no larger than 32 square feet. All political signs shall be on private property and not closer than 10 feet to a driveway.

6. Window signs.

7. Memorial signs or tablets, names of buildings, and dates of building erection when cut into the surface of the facade of the building.

8. Official notices posted by public officers or public employees in the performance of their duties.

9. Public necessity signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety.

10. The flags, emblems, or insignias of any nation or political subdivision.

11. Religious symbols, commemorative plaques of recognized historical agencies; provided, that no such symbol, plaque, or identification emblem shall exceed 10 square feet in area.

12. House numbers and name plates not exceeding two square feet in area for each residential building.

13. Trespassing signs in all zoning districts.

14. Subdivision development signs as set forth in this title.

These exceptions are not to be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with the provisions of this chapter or any other law or ordinance regulating the same.

H. Appeal. Should a sign application be denied, that decision may be appealed to the board of adjustment. [Ord. 01-18-2011 § 1; Ord. 10-02-2007A § 2. Code 2000 § 17-24-5].

17.90.060 Abatement of dangerous signs.

If an unsafe or dangerous sign is not repaired or made safe within 10 working days after written notice is delivered to or sent by certified mail to the person having charge or control or benefit of such sign, the city may at once abate and remove said sign and the person having charge, control or benefit of any such sign shall pay to West Point City the costs incurred in such removal within 30 calendar days after written notice of the cost is delivered to or mailed to such person. [Ord. 10-02-2007A § 2. Code 2000 § 17-24-6].

17.90.070 Construction standards.

A. A footing and final inspection shall be required for all signs.

B. All signs shall comply with the appropriate detailed provisions of the International Building Code relating to design, structural members and connections. All metal, wire, cable supports, and braces shall have engineering provided by an engineer licensed in the state of Utah. Signs shall also comply with the applicable provisions of the electrical code of West Point City and the additional construction standards as set forth in this code. [Ord. 10-02-2007A § 2. Code 2000 § 17-24-6a].

17.90.080 Violation and penalties – Other remedies.

The city is hereby authorized to exercise the following additional remedies, jointly or severally:

A. A city enforcement officer may prepare and serve notice of a violation of this chapter, requiring compliance within 14 days of the date of the notice. The notice shall describe the sign, specify the violation(s), and inform the recipient that if the violation(s) is/are not remedied, the sign may be removed at the responsible party’s cost. The notice shall also inform the recipient that if the recipient disagrees with the enforcement officer regarding the violation, the recipient may appeal the enforcement officer’s determination to the director of community development. Said appeal must be in writing and received by the director within the 14-day period. Notice of violations are deemed to have been given when notice is mailed or given to the property owner of record or the occupant of the property upon which the sign is located. Notice to the property owner shall be mailed to the owner of the property on which the sign is located, as shown on the last assessment roll. If known, the notice may also be mailed and delivered to the owner of the sign.

B. A sign in violation of this chapter may be removed by the city:

1. Pursuant to a court order issued in conjunction with an enforcement action, either civil or criminal;

2. At the conclusion of the 14-day period set forth in subsection (A) of this section, provided no appeal has been filed;

3. Immediately in situations where the sign is in such a condition or location so as to constitute an imminent threat to the health, safety, welfare, or property of citizenry; and/or

4. Immediately where the sign is located upon public property and is not permitted to be so located.

C. The city may initiate civil action in the district court seeking compliance and other available remedies.

1. The city is hereby authorized to recover its expenditures for the enforcement of this chapter, pursuant to any available method, including, but not limited to, restitution pursuant to a criminal prosecution, civil penalties, statutory nuisance abatement processes, etc. Any challenges to these costs shall be made pursuant to the applicable process.

2. Within two business days after a sign comes into the possession of the city, the enforcement officer shall use reasonable means to provide notice to the owner of the sign or agent thereof. Said notice will state that the sign must be retrieved from the city within five business days of the date of the notice.

3. If the sign is not retrieved within that time period, the sign becomes the property of the city and may be disposed of at the city’s discretion. Any costs for removal and storage may be recovered from said owner or agent.

4. If the sign is retrieved within that time period, the person retrieving said sign shall demonstrate ownership and shall pay costs of removal and storage before receiving the sign. If said person disagrees with the assessed costs, said person may, after paying the costs and retrieving the sign, file an appeal. Said appeal must be in writing and submitted to the office of the city manager within five business days of retrieving the sign and paying the costs. The city manager will hear the matter or designate a hearing officer. The sole issue on appeal is the reasonableness of the assessed costs. [Ord. 10-02-2007A § 2. Code 2000 § 17-24-6b].

17.90.090 General sign provisions.

A. Signs to Conform with Other Codes and Regulations. All signs shall conform with the provisions of the Uniform Sign Code, International Electrical Code, and other codes duly adopted by West Point City. If any provision of this chapter conflicts with any provision of other codes, then the more restrictive provision shall apply.

B. Traffic Hazard. Signs 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 the words “Stop,” “Drive-in,” “Danger,” or any other words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse vehicle operators.

C. Clearances. Clearances shall be as specified in the Uniform Sign Code. Clearances over utility easements shall be a minimum of 14 feet.

D. Setbacks. Except for projecting signs, the setback for all signs shall be at least 18 inches from the property line as measured from the leading edge of the sign.

E. Signs on and over Public Property. No sign shall be located on publicly owned land or inside a street right-of-way except signs required and erected by permission of an authorized public agency. Signs 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, lamppost, telephone pole, telegraph pole, electric light or power pole, hydrant, bridge, tree, rock, sidewalk, or street.

F. Lighted Signs. A lighted sign shall not be installed which permits the light to penetrate beyond the property in such a manner as to annoy or interfere with the use of adjacent properties.

G. Planning Commission/Conditional Use Permits. When a parcel of land is five acres or larger, the planning commission may consider an on-premises sign proposal for a development that is less restrictive than regulations set forth herein. Such sign plans shall be considered a conditional use and a determination shall be made that the proposed sign exceptions are not in conflict with the purpose of this chapter and are in architectural harmony with the development and other buildings and uses adjacent to the development.

H. Maintenance of Signs. All signs and advertising structures shall be maintained in a safe, presentable, and good condition including the replacement of defective parts, repainting, cleaning, and other acts required for the maintenance of said sign.

I. Abandonment of Signs. Signs relating to a product no longer available for purchase, or to a business which has moved, shall be removed within 30 days of such unavailability, closure or relocation. [Ord. 10-02-2007A § 2. Code 2000 § 17-24-7].

17.90.100 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 title. On-premises nonconforming signs which are destroyed by natural causes, i.e., earthquakes, floods, winds, etc., exceeding 60 percent of the sign’s true value must be brought into conformance. Nonconforming signs shall be allowed to have routine maintenance including the repair or replacement of the sign face by an existing or new business but shall not be allowed to increase the height, size or the location thereof. If a business applies for an increase of square footage other than for temporary signs, all signs on the site shall be brought into conformance with the provisions of this chapter. [Ord. 10-02-2007A § 2. Code 2000 § 17-24-7a].

17.90.110 Prohibited signs.

Signs not specifically allowed by this chapter are prohibited. The following signs are specifically prohibited:

A. Off-premises signs without a conditional use permit.

B. Parking of Advertising Vehicles Prohibited. No person shall park any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property. This section is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle which is operable, properly licensed and legitimately utilized in said operation.

C. Intensely Lighted Signs. No sign shall be permitted which because of its intensity of light constitutes a nuisance or hazard to vehicular traffic, pedestrians or adjacent properties.

D. Sound, Odor or Tangible Matter. No advertising sign or device shall be permitted which emits audible sound, odor or tangible matter.

E. Billboards are not allowed within the corporate limits of West Point City. [Ord. 10-16-2012B § 1; Ord. 10-02-2007A § 2. Code 2000 § 17-24-8].

17.90.120 Signs permitted by zone.

A. Neighborhood Identification Signs. In any zone, a sign, masonry wall, landscaping and other similar materials or features may be combined to form a display for neighborhood or tract identification. If said sign is to be a freestanding structure, it must be a low profile sign and must comply with the provisions set forth in WPCC 17.90.090. Any sign or display must be located so it is not in the clear view area.

B. Subdivision Development Signs. In any zone, the community development department may allow a temporary sign in connection with the marketing of lots or structures in a subdivision, subject to the following conditions:

1. One subdivision development sign per frontage, not to exceed 32 square feet in area within residential, commercial and industrial zones. In commercial and industrial zones, if the property is being marketed by more than one entity, the sign may increase in square footage by 32 square feet for each additional entity to a maximum of 96 square feet. The sign must be approved by the community development director or authorized agent with a one-year limitation per approval. Renewals may be granted on a yearly basis, but not to exceed two years.

2. Any subdivision development sign shall comply with all clear view requirements and be set back from all property lines a minimum of two feet. Subdivision development signs shall be located only on property which the sign is advertising.

C. Construction Signs. In any commercial or industrial zone, one unlighted sign per development not to exceed 96 square feet in area may be placed on the lot or attached to the outside of a building during its construction period. Construction signs shall be set back a minimum of two feet from property lines and out of all clear view areas. Said sign shall identify only the project, its developer, architects, engineers, designers, contractors or other persons or groups participating in the project.

D. Residential Real Estate Signs. Within any residential or agricultural zone, residential real estate signs are allowed. Real estate signs are not to exceed eight square feet in area and six feet in height. Said signs must be located entirely on the property to which they pertain and not in a public right-of-way.

E. Commercial Real Estate Signs. In any commercial zoning district, commercial real estate signs are allowed. Commercial real estate signs are not to exceed 32 square feet in area and 10 feet in overall height. Said signs must be located out of clear view areas, public rights-of-way and entirely on the property to which they pertain.

F. Campaign Signs. Campaign signs shall meet the following requirements:

1. Posting on Public Right-of-Way. It shall not be lawful for any person to post a campaign sign in the area between the sidewalk and curb and gutter of any public street. No campaign sign may be attached to any utility pole within a public right-of-way. No campaign sign may overhang the travel way or sidewalk in a public right-of-way.

2. Repealed by Ord. 01-18-2011.

3. Limitation of Size of Campaign Signs. In any residential zone, said campaign sign shall not exceed 24 square feet in aggregate on or in front of any parcel and, in any agricultural zone, said campaign sign and combination of signs shall not exceed 64 square feet in aggregate on or in front of any parcel with a minimum 150-foot frontage and two acres. If detached, said signs shall not exceed six feet in height in residential zones and 12 feet in height in agricultural zones. Said sign shall not be erected in such a manner as to constitute a roof sign. In commercial and industrial zoning districts, campaign signs shall not exceed 150 square feet in aggregate on or in front of any parcel and 12 feet in height.

4. Removal of Illegal Campaign Signs. The director of community development or authorized agents are authorized to remove any campaign sign found posted within the corporate limits of the city when such sign is in violation of the provisions of this section. For the purpose of removing campaign signs, the director of community development or authorized agents are empowered to take all steps necessary to remove the unauthorized sign including but not limited to enlisting the aid or assistance of any other department of the city and to secure legal process to the end that all such signs shall be expeditiously removed from any property where posted.

5. Upon discovery, the director of community development or authorized agents shall immediately notify by telephone the candidate, committee or person responsible for the posting of any sign in violation of this section, indicating the location of the sign and that the sign must be removed within five working days. If the address or phone number of the person responsible for the violating sign is not known, the sign shall be removed under the provisions as set forth in subsection (F)(4) of this section.

6. If, after the five-day notice has been given under subsection (F)(5) of this section, any campaign sign has not been removed, the community development director or authorized agents shall remove said campaign sign and keep a record of the location from which the sign was removed. He/she shall store the sign in a safe location for at least 30 days. The community development director or authorized agents shall return any campaign sign upon the payment of the fee provided in subsection (F)(7) of this section.

7. The city shall be entitled to receive the sum of $10.00 for every campaign sign removed by the community development director or authorized agents to cover the expense of removal, notice and storage.

8. In a campaign for elective office, the candidate for such office shall be deemed the person responsible for the posting of campaign signs, unless the candidate first notifies the city recorder and the director of community development of another person who is responsible. In such case, the candidate shall provide the name, address, telephone number, and signed consent of such other responsible person. In a campaign regarding a ballot measure, the president of the committee supporting or opposing such ballot measure shall be deemed responsible, unless said person first notifies the city recorder and director of community development of some other person responsible, in the manner described above. The candidate, or in the case of a ballot measure, the committee president or other responsible person if so designated, shall be liable to pay any fees or costs for the removal and storage of illegal signs as set out herein. Further, such candidate, committee president, or other designated person shall be subject to prosecution for any violation of this chapter.

9. Illegal Signs – Public Nuisance. Campaign signs in violation of this section are hereby declared to be public nuisances, and may be abated as such by the city. The collection of removal fees shall not preclude the city from prosecuting any person for violating this chapter.

10. Appeal. Any person deemed responsible under this section shall have a right to appeal any civil penalty levied to the city manager.

G. Trespassing Signs. In any commercial or manufacturing zone, any number of signs not exceeding six square feet each and placed a minimum of 50 feet apart may be attached to a structure, fence, or may be freestanding. In no case shall a trespassing sign be placed at a height greater than eight feet above the finished grade immediately below the sign. No permit shall be required for this type of sign. In residential zones, any number of trespassing signs not exceeding three square feet each and placed a minimum of 50 feet apart may be attached to a structure, fence, or may be freestanding. In no case shall a trespassing sign be placed at a height greater than six feet above the finished grade immediately below the sign. No permit shall be required for these types of signs.

H. Home Occupation Signs. Within any zone, home occupation signs are allowed. Home occupation signs are not to exceed four square feet in area and must be attached to the home.

I. Civic, Institutional, or Philanthropic Signs. Within any agricultural or residential zoning district, civic, institutional or philanthropic signs are a conditional use. They are an allowed use in all other zones. When detached, said signs are not to exceed 16 feet in height and 60 square feet in sign area and have a minimum of a 10-foot setback from any public right-of-way. Said signs shall be located on the property to which they pertain and upon which civic, institutional, or philanthropic use is ongoing. Civic, institutional or philanthropic signs may be illuminated but the source of illumination shall not be visible; no flashing or intermittent illumination shall be employed. Attached sign area shall be determined by one square foot of sign area for every one lineal foot of building frontage at the main entrance not to exceed 250 square feet. Said signs may only be placed on a parcel of property that is a minimum of one acre and has a minimum lot frontage of 100 feet.

J. Low Profile Signs. Low profile signs are encouraged in all commercial and industrial zoning districts and shall be allowed in conformance with the following provisions:

1. Low profile on-premises or identification signs will be allowed in all commercial, professional and manufacturing zoning districts; provided, that these signs:

a. Must have a minimum front setback of five feet.

b. Must have a minimum setback from any driveway or traffic access as required in WPCC 17.90.090.

c. Must be incorporated into a landscape design scheme or planter box with a minimum of a two to one ratio of landscaping to sign area.

d. Shall be limited to a maximum of six feet in height. Sign height is to be measured from the average grade of the area around the base of the sign.

e. Must be separated from any other detached sign by a minimum of 150 feet unless all of the following criteria apply: a business or businesses do not have direct exposure on an arterial street, the minimum separation is 75 feet, the business or businesses shall have no other sign exposure on an arterial street, and all other provisions of this section are complied with.

2. Square footage shall be counted towards the maximum area allowed on the parcel as specified in subsection (K)(1)(c) of this section.

3. There shall be no changeable copy.

K. Detached Signs – Area and Location – Commercial and Industrial Zones. Within the N-C, C-C, R-C, and industrial zones, signs are permitted as follows:

1. Detached Signs – Area Requirements.

a. One detached on-site sign for each developed parcel not exceeding one square foot of sign area for each lineal foot of street frontage within the first 10 feet of setback not to exceed 200 square feet of total sign area.

b. Where a developed parcel has an excess of 300 lineal feet of street frontage on an arterial street and contains at least five acres, one additional freestanding sign may be allowed as a conditional use.

c. Maximum Detached Sign Area. There shall not be more than 200 square feet of detached sign area per parcel.

d. Where a developed parcel is permitted to have more than one detached on-site sign under these regulations, the distance between said detached signs on the parcel shall be not less than 200 lineal feet.

e. Where a parcel does not have frontage on a public street, one detached sign may be allowed on site as approved by the planning commission, or one detached sign may be located on an adjacent parcel with frontage on a street, upon approval by the board of adjustment after receiving proof of acceptability by the adjacent parcel owner. The allowable square footage of the sign shall be determined by the width of the parcel at the front setback line of the building applying for the sign. One square foot of sign area is allowed for each lineal foot of parcel width up to a maximum of 200 square feet for a single business and up to 400 square feet in aggregate for more than one business.

2. The maximum height limit for detached signs shall be as follows:

a. In the N-C zone: 20 feet above average grade of the front property line.

b. In the C-C and R-C zones: 30 feet above average grade of front property line.

3. A detached sign may consist of more than one sign panel, provided all such sign panels are attached to one common integrated sign structure and any additional panels must meet minimum clearance as designated in subsection (K)(6) of this section. The total area of all such panels shall not exceed the maximum allowable sign area specified for a detached sign on said parcel. Where a sign message consists of separated or individual letters, modules, or symbols, each portion of said sign message shall not be considered as one sign panel. In such cases, a single continuous perimeter completely surrounding the sign message shall be utilized to determine its sign area.

4. On corner lots, a single sign is permitted and a second sign may be permitted with conditional use approval. The total area for all detached signs shall not exceed 200 square feet. Said maximum allowances, however, are not transferable either in whole or in part from one street frontage to another. When a sign is erected at the street intersection corner of the parcel, or at the intersection of a building front, and is situated at an angle so as to be visible from both streets or both frontages, said sign shall not exceed the maximum area allowed for the longest front footage of building occupancy or street frontage. The area of such sign shall be deducted from the total area and number of signs permissible on said property.

5. No detached sign shall project over a public right-of-way. Detached signs shall have a two-foot setback from all property lines. The two-foot setback is determined from the leading edge of the detached sign. Where a detached sign has a two-foot or more base width from ground level to a height of 10 feet, the base of said sign shall be located a minimum of 10 feet from any front property line and shall not be located in any clear view area.

6. A detached sign shall have a minimum clearance of 10 feet between the ground surface and the bottom of the sign; provided, that the community development director may reduce this clearance if the sign is not illuminated with exposed neon tubing and is located in an area not accessible to pedestrian or vehicular traffic or if an acceptable site feature is constructed to protect said pedestrian and vehicular traffic. The minimum clearance shall not be reduced where a traffic hazard may be created. In no case shall this clearance be reduced to less than six feet.

7. In the central business district only a low profile sign shall be allowed. Signs must fully comply with subsection (J) of this section unless the sign is located in a planned development that exceeds four acres. The maximum height limit for said detached signs shall be 14 feet above average grade of the front property line.

8. Gas station canopies are considered a sign and shall be allowed in addition to the maximum allowed detached sign space explained above. Gas station canopy signs are permitted as follows:

a. Maximum Sign Area. Sign copy, corporate logos, etc., may be a maximum of 15 percent of one face of the canopy;

b. No More Than Three Sides. Up to three sides of the canopy may be used for a sign;

c. Maximum Height. The height of the top of the canopy may not exceed 20 feet from grade and no canopy fascia may exceed four feet in height;

d. Maximum Font Size. Individual letters, logos or symbols may not exceed four feet in height and may not project out from the surface of the canopy more than 18 inches, or project above or below the canopy;

e. Gas Prices. Gas prices are not allowed on, attached to, or hanging from the canopy;

f. The remaining canopy fascia may include corporate insignia, colors, stripes, or other decor so long as it does not include wording, letters, or symbols, and is not illuminated nor project from surface.

L. Attached Signs. Said attached signs shall be allowed as follows:

1. Attached signs are not to exceed a total area of three square feet of sign area for each front foot of building occupancy (see “front footage of building occupancy” definition). Said signs may be placed flat against a building, may be projecting or nonprojecting signs, and may be located on an architectural projection. In the P-O zone, there shall not be more than 50 square feet of sign space in total per tenant.

2. Signs placed flat against a building may extend no more than 18 inches from the wall of such buildings. Said signs may project over a public right-of-way a distance not exceeding said 18-inch depth. The minimum heights shall be 10 feet or more above the sidewalk.

3. Signs on Awnings or Canopies. Awnings or canopies including electric awning signs may be placed on buildings in any commercial or industrial zone. Awnings or canopies shall be mounted a minimum of eight feet above the ground surface. The area of any logo or insignia message shall be calculated and shall comply with the provisions outlined in this section.

4. Signs for Other Than Ground Floor Use. In any commercially zoned property where there are businesses above the ground floor of a building and such businesses are different from the ground floor uses, one additional sign per building placed flat against the building may be erected for all such uses. Said signs shall not exceed one square foot of sign area for each two lineal front feet of building frontage.

5. Attached Signs in Agricultural Zoning Districts. Attached signs in agricultural zoning districts shall be a conditional use and shall have the additional following requirements:

a. Size shall be determined by one square foot of sign area for every one lineal foot of building frontage at the main entrance not to exceed 200 square feet.

b. Said sign shall not be illuminated.

M. Permanent and Temporary Window Signs. Except in the residential and agricultural zones, for each ground floor occupancy of a building not more than two permanent signs may be painted on or otherwise displayed from the inside surface of any window, showcase or other similar facility. Said signs shall be in addition to those signs permitted under the other provisions of this chapter. The total area of such signs, in combination with temporary window signs, shall not exceed 30 percent of the total window area.

N. Electronic Message Sign.

1. Electronic message signs shall be allowed in C-C and R-C zones as permitted signs. Said signs may be attached, detached, or low profile signs. The square footage of these signs shall be counted into the maximum sign area.

2. Electronic message signs may be allowed by conditional use permit in the N-C. Said signs may be detached or attached. The square footage of these signs shall be counted into the maximum sign area.

3. Electronic message signs shall not be allowed in the P-O zone.

4. Electronic message signs shall be allowed by conditional use permit in the central business district.

a. The sign must be architecturally similar and integrated with the remainder of the project and built using similar materials and style.

b. The electronic message sign must be subordinate in size and design to the remainder of the sign. It must be less than 50 percent of the overall sign.

c. The electronic message portion of the sign must not exceed 25 square feet.

d. The electronic message portion of the sign must not operate after 10:00 p.m. and never before 6:00 a.m.

5. Said signs shall not cause glare or rapid blinking, nor be intensely lighted that may create a nuisance or hazard to vehicular traffic, pedestrians or adjacent properties. These signs shall have a minimum of three-second intervals between screen changes. Any time an electronic message sign is operating between sunset and sunrise, said signs shall be set at not more than 40 percent of the maximum capable light output.

O. Sign Clearance and Illumination. The following regulations shall apply to sign clearance and sign illumination:

1. Unless otherwise restricted, all illuminated signs in the agricultural and residential zones shall be indirectly illuminated, unless direct lighting has been granted as a conditional use by the planning commission.

2. In all other zones, illuminated signs may be of direct or indirect illumination subject to the provisions of subsection (O)(3) of this section.

3. Outlining of a building by means of exposed neon tubing, exposed incandescent lighting or other artificial lighting, or an equivalent effect may be allowed subject to conditional use review and approval by the planning commission except in those areas designated as the central business district. All applicants wishing to use exposed outline lighting must provide elevations showing the extent of the outline lighting.

4. No permit for any sign shall be issued and no sign shall be constructed or maintained which has less horizontal or vertical clearance from communications lines and energized electrical power lines than that prescribed by the laws of the state of Utah or rules and regulations duly promulgated by agencies thereof.

5. All provisions of the electrical code as adopted by West Point City shall be complied with.

P. Moving Signs. No sign or any portion thereof shall be permitted which rotates more than eight complete revolutions every 60 seconds.

Q. Temporary Directional Signs. In any zone, a sign giving direction to a specific location for any public or private event may be placed under the following conditions:

1. No more than two of said signs may be placed on a parcel of property.

2. No such signs shall be placed on public property of any kind.

3. Said signs must have a setback of one foot from any sidewalk or street right-of-way line, whichever is greater.

4. Permission must be granted by the landowner as indicated in WPCC 17.90.050.

5. Said signs may be displayed five days before and after the event, not to exceed 45 days.

6. Said signs shall not exceed three feet in height or, when placed into a clear view area, two feet in height.

7. Said signs shall not exceed six square feet in sign area measured on one sign face individually, or 18 square feet collectively.

R. Temporary Signs. A business may advertise with temporary signs a special service or product. A permit shall be obtained from the community and economic development department and is valid for a period of one month. All wind or forced air signs are considered to be temporary and are subject to all regulations.

S. Temporary Noncommercial Signs in Residential and Agricultural Zones. Residents within residential and agricultural areas may have noncommercial signs aside from home occupation signs for special or holiday events. Banners shall not exceed 24 square feet. Other such temporary noncommercial signs shall include tree lights, holiday displays, decorative lighting, and community and ecclesiastical messages without limitation in size. Said signs shall not be displayed for more than 90 days per any 12-month period.

T. Flags/Banners Requiring Approval. In addition to the above-mentioned requirements, businesses that are considered to have permanent outdoor retail space may, with a special one-time permit issued by the planning commission, use flags or banners on any number of parking area light poles or on a single pole in conjunction with governmental flags. The planning commission or staff shall use the following criteria for approval/revocation of additional flags and/or banners:

1. The applicant shall present to the planning commission drawings, representations or other types of visual aids to ensure that what is approved will accomplish the intent of the planning commission.

2. The applicant shall provide sizes and numbers of all flags or banners.

3. The proposal must be in harmony with neighboring development in terms of size, color and volume.

4. The planning staff has the right to revoke this permit if the applicant has misrepresented any aspect of the proposal or the flags/banners become tattered, discolored or the applicant has violated any provisions of this code. Appeals of a determination shall be heard by the planning commission.

U. Temporary Window Signs. Temporary window signs are allowed in all zoning districts. However, in all zoning districts other than residential and agricultural zones, temporary window signs, in combination with permanent window signs, shall not cover more than 30 percent of the total window area. [Ord. 11-15-2011 § 2; Ord. 01-18-2011 § 2; Ord. 07-07-2009 § 2].