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20.01.020. Definitions

            The following words and phrases when used in this Title shall be construed as defined in this Section:

            "Alter" means any change to a sign other than general maintenance or altering of changeable copy.

            "Architectural projection" means a marquee, porch, canopy, or other similar architectural projection.

            "Average grade of front property line" means the average elevation or average of the finish grade at the front property line.

            "Balloon" means any inflated object, tethered or untethered, over four (4) square feet in area, as measured within a single continuous perimeter composed of squares or rectangles which encloses the extreme limits of the balloon.  Inflatable entertainment structures shall also be considered balloons.

            "Canopy" means a structure that is partially supported by the building and partially by pipe columns or other structure separate from the building.  A canopy may also be self-supporting, separate, and apart from any building.

            "Clear view area" means an area bounded by lines drawn from a point on the centerline of the driveway, set back fifteen feet (15') from the front property line to points at the property line in front of the property, thirty feet (30') either side of the centerline of the driveway for local collectors, and fifty feet (50') on collectors and arterials.  Within this area no view obstructing object may be located with a height over two feet (2') from average grade at property line.

            "Commercial zoning district" means any B-RP, PB, CP-1, CP-2, CP-3, and C-H zoning district as defined in the zoning ordinance of Layton City.

            "Community Use" means the uses which have the primary purpose of serving the educational, recreational, religious, or governmental needs of the community in general.  Such uses may include churches, public and private educational institutions, private non-profit recreation grounds, public parks, public buildings, public facilities, cemeteries, and other similar uses.  This definition shall not include such uses as detention facilities, half-way houses, alcohol rehabilitation centers, and other similar uses.

            "Convert or Conversion" means to change a sign or billboard face from its existing, non-digital surface to a digitally controlled surface.  Convert or conversion does not include "maintenance" of the sign.

            "Curfew" means the time between twelve o'clock (12:00) midnight and six o'clock (6:00) AM where within certain digital billboards are required to be shut off.

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

            "Flag, banners" means a flag or banner made of flexible materials.

            "Foot candle" means the English unit of measurement for luminance, which is equal to one lumen, incident upon an area of one square foot.

            "Freeway" means a highway, in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands, or in respect to which such owners have only a limited or restricted right or easement of access, the precise route for which has been determined and designed as a freeway by an authorized agency of the State or a political subdivision thereof.  The term includes the main traveled portion of the traffic way, all land situated within the right-of-way, and all ramps and appurtenant land and structures.

            "Freeway sign corridor" means an area of the City where, due to the proximity to major highways and the intensity of retail uses, free standing signs are allowed to be a maximum height of forty-five feet (45') (see map appendix A).

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

            "Frontage" means the distance between the two (2) side lot lines of a parcel measured along the street or streets of a corner lot which the parcel is allowed access.  No state or federal highway to which no access is allowed shall be considered as frontage.

            "Gateway" means special view shed areas of Layton City where billboards are not permitted.  The "gateway" areas shall be defined as shown in Exhibit 1.

            "Height of sign" means the vertical distance measured from the average grade at front property line to the highest point of said sign.

            "M zoning district" means any M-1 or M-2 zoning district as defined in the zoning ordinance of Layton City.

            "Marquee" means a permanent roofed structure attached to and supported by the building projecting over private or public property.

            "Motion" means the depiction of movement or change of position of text, images, or graphics.  Motion shall include, but not be limited to, visual effects such as dissolving and fading text and images, running sequential text, graphic bursts, lighting that resembles zooming, twinkling, or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding or contracting shapes, and similar actions.

            "Name plate" means a sign which designates the name and address of a person or persons occupying the premises upon which it is located.

            "Occupancy" means a separate use of property carried on at all or a portion of a building or parcel.

            "Outline lighting" means outlining of a building by means of exposed neon tubing, exposed incandescent lighting, or other artificial lighting, or an equivalent effect.

            "Parapet wall" means a low wall extending at least thirty inches (30") inches above the point where the roof surface and the wall intersect.

            "Permanent outdoor retail space" means a business that has ninety percent (90%) of its retail product displayed outside of an enclosed building on a twenty-four (24) hour basis.

            "Product" means any item that is actually for sale by the business.

            "Professional business offices" means those uses generally allowed in the PB zoning district.

            "R Zone" means any A, R-S, R-1-6, R-1-8, R-1-10, R-2, RM-1, RM-2, R-H, and R-MH zone as defined in the zoning ordinance of Layton City.

            "Rotation time" means the time it takes for static text, image and graphic on an electronic or digital sign to transition to a different text, image or graphic.

            "Setback" means the shortest horizontal distance between the boundary line of a lot and the building or structure or part thereof.  For the purposes of this Title "setback" for signs shall be from the leading edge of the sign.

            "Sign" means and includes every advertising message, announcement, declaration, demonstration, merchandise display, illustration, insignia, surface or space erected, indirectly illuminated, or forced air, or maintained in view of the observer thereof for identification, advertisement, or promotion of the interests of any person, entity, product, or service, and shall include the sign structure, supports, lighting system, indirect illumination, and any attachments, ornaments, or other features used to draw the attention of observers.  "Sign" 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, area of" means the entire area within a single continuous perimeter composed of squares or rectangles which enclose the extreme limits of the advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface, or space of a similar nature, together with any frame or other material, color, or condition which forms an integral part of the display and is used to differentiate such sign from the wall or background against which it is placed: excluding the necessary supports or uprights on which such sign is placed.  Where an on-premise sign has two (2) or more faces which are not parallel, the area of all faces shall be included in determining the area of the sign, except that only one face of a double-faced on-premise sign shall be considered in determining the sign area, provided both faces are parallel and the distance between faces does not exceed two feet (2').  Further, where a sign consists only of individual letters, numbers, symbols, or other similar components and is painted on or attached flat against the wall of a building, and where such individual components are without integrated background definition and are not within a circumscribed frame area, the total area of the sign shall be the sum of the areas of the square or rectangles surrounding each individual sign component.

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

            "Sign, bench" means a sign which is affixed or painted to a bench and is placed outside of the main structure on the property.  Benches owned and maintained by a public transit authority are exempt from these regulations.

            "Sign, billboard" (Outdoor Advertising Sign) means a detached or attached sign designed or intended to direct attention to a business, product, service, event or attraction, that is not sold, offered, or existing on the property where the sign is located.  A form of an off-premise sign.

            "Sign, billboard digital" means any billboard which uses electronically projected text, images or graphics.  Digital billboards include, but are not limited to, billboards that use light emitting diodes (LED's), plasma displays, fiber optics or other technology that results in bright, high resolution text, images and graphics.

            "Sign, billboard existing" means a billboard which was constructed, maintained, and in use or for which a permit was issued on or before May 17, 2012.

            "Sign billboard new" means a billboard for which a permit to construct is issued after November 15, 2012.

            "Sign, billboard nonconforming" means an existing billboard which is located in an area or zone not permitted by the provisions of this Title.

            "Sign, campaign" means a sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure, but does not mean or include any billboard owned or maintained by a commercial firm or advertising company.

            "Sign, civic, institutional, or philanthropic" means a sign erected by a public or non-profit agency, service club, etc., for civic or public information.

            "Sign, construction" means a sign related to the property upon which it is located and offering such property for sale or lease, or advertising contemplated improvements, or announcing the name of the builder, owner, designer, or developer of the project.

            "Sign, detached" means any 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, directional" means any sign which serves wholly to designate the location or direction of any place or area on the premises to which it pertains.

            "Sign, directly illuminated" means any sign designed to provide artificial light directly or through transparent or translucent material from a source of light within or on such sign, including, but not limited, to neon and incandescent lamp signs.

            "Sign, electric awning" means an awning or canopy that is lighted from within the sign structure and illuminates the entire structure.

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

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

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

            "Sign, identification" means a sign which serves to tell only the name, address, and lawful use of the premises upon which it is located.  A bulletin board of a public, charitable, or religious institution used to display announcements relative to meetings held on the premises shall be deemed an identification sign.

            "Sign, indirectly illuminated" means one whose illumination is derived entirely from an external artificial source which is arranged so that no direct rays of light are projected from such artificial source into residences or streets.

            "Sign, intensely lighted" means a sign which is animated by means of flashing, scintillating, blinking or traveling lights, or any other means not providing constant light.

            "Sign, low profile" means on-premises or identification signs having a maximum height of six feet (6').

            "Sign, memorial" means a sign or tablet that states the names of buildings or the date of the buildings erection and cut into the surface or facade of a building.

            "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, neighborhood identification" means a permanent sign that only designates the neighborhood or tract name.

            "Sign, noncommercial, residential zone" means a sign addressing a noncommercial issue, statement, or notice.

            "Sign, nonconforming" means a sign legally existing at the time of its erection or the effective date of this Title which does now not conform with use regulations of the district in which it is located.

            "Sign, off-premise" means any sign not located on the premises of the business or entity indicated or advertised by said sign.  This definition shall include but may not be limited to billboards, poster panels, painted bulletins, directional, bus bench, and other similar displays.

            "Sign, on-premise" means a sign directing attention to a business, commodity, service, or entertainment conducted, sold, or offered on the property on which the sign is located.

            "Sign, permanent" means a sign which is permanently affixed to the ground with a footing designed to meet the requirements of the sign ordinance as well as the International Building Code.

            "Sign, portable" means any sign not permanently affixed to the ground or a structure on the premises it is intended to occupy.

            "Sign, projecting" means any sign which is located, in whole or in part, in or over the right-of-way of any street, sidewalk, alley, or other public thoroughfare.  A projecting sign shall include any sign affixed to or part of a marquee, canopy, or vestibule where such sign is located in or over the street right-of-way.

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

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

            "Sign, roof" means a sign erected upon a roof or parapet of a building or structure.

            "Sign, subdivision development" means a sign related to the property upon which it is located and offering such property for sale or lease, or advertising contemplated improvements, or announcing the name of the builder, owner, designer, or developer of a project.

            "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, trespassing" means any sign which warns against the trespassing onto a parcel of property or structure.

            "Temporary outdoor display" means any merchandise that is displayed outside of a building only during business hours.

            "True value" means the cost of materials and labor to replace the sign structure.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-08, Amended, 1/21/1999
Ord. No. 02-17, Amended, 3/21/2002
Ord. No. 05-29, Amended, 6/2/2005
Ord. No. 05-46, Amended, 11/3/2005
Ord. No. 06-09, Amended, 3/16/2006
Ord. No. 12-29, Amended, 11/15/2012
Ord. No. 15-12, Amended, 3/19/2015

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