23.120 Nonconforming Signs

A. In addition to the provisions contained in Chapter 24 of this Code, Nonconforming Uses and Structures, all nonconforming signs shall comply with the provisions of this section. In the case of a conflict between the regulations contained in Chapter 24 and these regulations, the more restrictive shall apply. 23-12 B. On-Premises Signs. All legally permitted signs existing prior to September 30, 2017 that do not meet the standards of this Chapter are hereby declared legal nonconforming signs. C. On-premises signs which have been made nonconforming by the adoption of provisions of this Chapter shall be subject to the following regulations: 1. Alterations. a. A nonconforming onpremises sign shall not be reconstructed, raised, moved, extended, or enlarged unless the sign is changed so as to conform to all provisions of this Chapter. b. Normal maintenance and repair of a nonconforming on-premises sign is allowed; however, the cost of the maintenance and repair shall not exceed 60% of the present replacement cost of the sign. The burden of proof is upon the applicant and shall be based upon an estimate of the sign provided by a sign company. Repainting or replacing a damaged or deteriorated sign face is considered normal maintenance and repair. 2. Damaged Signs. A nonconforming on-premises sign which has been damaged by fire, explosion, act of God, or any other cause, to the extent of more than 60% of its assessed value shall be repaired or rebuilt in conformity with the regulations of this Chapter or be removed. D. Off-Premises Signs and Billboards. All off-premises signs and billboards which are made nonconforming uses by the provisions of this Chapter shall be subject to the following: 1. Unsafe Signs. Any sign or portion thereof found or declared unsafe by Lehi City shall be restored to a safe condition within 30 days after the owner is given notice of the unsafe condition. Any sign not repaired as required is unlawfully maintained. a. Off-premises signs and billboards legally existing as of September 24, 2002 may continue as a nonconforming use and may be maintained and repaired or restored in the event the structure is damaged by casualty, act of God, or vandalism. b. A nonconforming offpremises sign or billboard may be replaced at the same location with a new sign structure or may be converted to include an electronic display sign pursuant to the provisions of this Chapter, provided that the new sign, sign structure, or EDS does not exceed the square footage of the sign face or sign structure being replaced., unless otherwise allowed by that Utah Code Annotated. c. Nothing in this section shall be interpreted to allow any new offpremises sign or billboard. 2. Conversion to Electronic Display Sign. An applicant may convert an existing offpremises sign or billboard to include an electronic display 23-13 without affecting the sign’s nonconforming use or noncomplying structure status, provided: a. the applicant submits a complete application in accordance with this Chapter and complies with all other applicable provisions of the Lehi City Municipal Code and Lehi City Development Code; b. the off-premises sign or billboard is located within the Off-Premises Electronic Display Sign Overlay Zone as shown on Maps 23.010-23.030; c. the height or the size of the sign’s original nonelectronic display sign area shall not be increased; however, the EDS may occupy the entire display area of the sign but in no case shall an off-premises EDS exceed 675 square feet in total signage area; d. the EDS conversion adheres to the following illumination standards: (i) The offpremises or billboard EDS may use any method of illumination identified and allowed in this Chapter. (ii) In no event shall an off-premises or billboard EDS increase the nighttime ambient illumination more than 0.3 foot candles when converting from an existing traditional nonelectronic display face. The illumination measurements shall be calculated pursuant to Table 23.050.B of this Chapter. (iii) Off-premises and billboard EDSs shall be equipped with a sensor or other device that automatically determines the ambient illumination and which is programmed to automatically dim according to ambient light conditions to comply with the 0.3 foot candle requirement. e. Display Timing. An offpremises and billboard EDS may change the displayed message from time to time; however, the interval between displayed message changes shall not be more frequent than eight seconds and the actual message rotation, or change, shall be accomplished in onequarter of a second or less. f. Static Display. The copy of an off-premises and billboard EDS shall be static and complete within itself. g. Spacing Requirements. Off-premises and billboard EDS conversions Figure 1. 23-14 along I-15 shall be located at least 1,000 feet from any other off-premises or billboard EDS as measured along the same side of the right-of-way. If the EDS is owned by an off-premises sign or billboard company not affiliated with applicant, then the neighboring EDS may be located within 500 feet of the new proposed EDS. h. Spacing Reduction for Sign Removal. If an owner is willing to completely and permanently remove traditional off-premises signage at a rate of two square feet for every one square foot of converted electronic signage area to be located within the OffPremises Electronic Sign Overlay Zone, then a reduction in the minimum spacing from other onpremises EDSs and offpremises EDSs may be allowed to a minimum of 750-foot spacing. Two scenarios may occur by utilizing this option which are as follows: (i) Two traditional off-premises sign structures are removed, and one new structure is erected within the OffPremises Electronic Sign Overlay Zone as illustrated in Figure 1. (ii) One traditional off-premises sign is removed and one offpremises sign already located within the OffPremises Electronic Display Overlay Zone may be converted to an electronic display with the reduced spacing as illustrated in Figure 2. Figure 2. i. Photometric Plan. Each applicant shall submit a photometric plan before the installation of the proposed EDS showing the dispersal in footcandles and existing ambient light conditions. Once the installation of the EDS is complete, the sign owner shall take a light reading to ensure compliance to the 0.3 foot-candle requirement and provide evidence of the same to the City. Figure 3a. The shaded area illustrates the area requiring residential curfew for an off-premises single-face EDS. Figure 3b. The shaded area illustrates the area requiring residential curfew for an off-premises two-faced EDS on a single support structure. j. Residential Curfew. An off-premises EDS shall only display a single, static message nightly from 11 p.m. until 6 a.m. if the EDS is located within 400 feet of a legally occupied dwelling and the 23-26 face of the sign is located within 180 degrees of a dwelling. This curfew shall not be applicable if the message displayed is an emergency public safety warning or alert, such as an AMBER Alert. 23-15 k. Sign Angle. Off-premises EDSs shall have a minimum angle of 45 degrees as measured between the EDS face and the roadway to which it is oriented, as shown in Figure 4. Figure 4. This figure illustrates the minimum angle required between an off-premises EDS face and the roadway to which it is oriented. 3. City Council Approval Required. An EDS conversion allowed by this section shall require approval by the City Council. The following requirements shall be satisfied to receive approval: a. Decorative Base. Each off-premises EDS shall be designed with a decorative base that conceals the structural support poles. b. Emergency services. EDSs shall be registered with a program to participate in displaying AMBER Alert or other emergency messages. c. The sign owner shall submit contact information for reporting malfunctions or violations. 23-16 E. Deterioration and Abandonment. A nonconforming off-premises sign or sign structure that ceases to be used for sign purposes for a period of one year shall be deemed abandoned on the basis that the nonconforming use has been abandoned, the nonconforming use has substantially changed, or such other grounds as may be appropriate. Any sign or sign structure which is abandoned or in an unreasonable state of repair is unlawfully maintained and subject to immediate revocation of its permit and removal.