Court: District Court, D. Utah; August 3, 2015; Federal District Court
The Memorandum Decision and Order, issued by District Judge David Nuffer, adopts the Report and Recommendation from United States Magistrate Judge Evelyn J. Furse, which recommends granting West Valley City’s Cross-Motion for Summary Judgment and denying Mr. Timilsina’s Motion for Summary Judgment. The court completed a de novo review of the materials and found the magistrate's analysis and conclusion correct. As no objections were filed within the specified period, the court grants West Valley City’s request to dismiss Timilsina’s Complaint as a matter of law, resulting in a dismissal with prejudice and closure of the case.
Timilsina and Big Daddy’s Pizza sought a declaratory judgment against the constitutionality of West Valley City Municipal Code section 11-5-102, which governs temporary signs, including A-frame signs. Timilsina had placed an A-frame sign outside his restaurant, leading to a citation for violating the city code prohibiting such signs off-premises, except in the City Center Zone. The magistrate recommended denying Timilsina's motion and granting the city's cross-motion, asserting that the city's regulation on A-frame signs is a permissible restriction on commercial speech aimed at enhancing aesthetics and traffic safety. The magistrate noted that the sign was truthful and advertised a lawful product, but it was still subject to the city's prohibition outside the designated area.
Nine exceptions to the temporary sign prohibitions in section 11-5-102 include: 1) New Development Signs (max size 32 sq. ft.); 2) Grand-Opening Signs (no size limit); 3) New Subdivision and Home Sale Signs (32 sq. ft. for single builders, 128 sq. ft. combined for multiple builders, max height 12 ft.); 4) Open House Signs (max of four off-premise signs, each up to 8 sq. ft.); 5) Other Temporary Signs for community events (no size limit); 6) Political Signs (16 sq. ft. in residential zones, no limit elsewhere); 7) Sale, Rent or Lease Signs (8 sq. ft. in residential, 32 sq. ft. in nonresidential zones); 8) Vehicle Signs (allowed in commercial zones if over 4 sq. ft.); 9) Window Signs (max 50% coverage in nonresidential zones). Title 11 of the City Code aims to reduce visual clutter, improve design, enhance city image, increase safety, regulate visible signage, protect property values, and promote public welfare. Timilsina claims in his Complaint that similar temporary signs existed nearby, which the City disputes. His Complaint is unverified, failing to meet Rule 56(c) requirements for evidence in summary judgment, as it lacks citations to record materials regarding the proximity of similar signs.
Timilsina claimed that real estate signs are exempt from restrictions under West Valley City Code section 11-5-102, but the City disputed this characterization. Section 11-5-102(15) allows signs for the sale, rent, or lease of property but does not exempt real estate signs from all prohibitions in section 11-5-102. Summary judgment can be granted if there are no genuine disputes on material facts and the movant is entitled to judgment as a matter of law.
The City argued that Timilsina lacks standing to challenge the ordinance's exceptions, as he faces the same prohibition as others regarding A-frame signs. The City acknowledged two exceptions for A-frame signs in specific circumstances but maintained that Timilsina's real challenge is against the prohibition on A-frame signs, rather than the exceptions. For standing under Article III, a plaintiff must demonstrate (1) a concrete injury, (2) a causal connection between the injury and the conduct, and (3) that a favorable decision would likely redress the injury.
Timilsina experienced a concrete injury due to a $100 fine for displaying an A-frame sign. However, he did not express intent to use other prohibited signs, limiting his injury claim to the A-frame prohibition in section 11-5-102(14). The City confirmed Timilsina was cited for violating this specific prohibition and argued that his injury stems solely from this, rather than from the other exceptions he disputes. The Court concurred that Timilsina's injury is related only to the A-frame sign prohibition, not the other exemptions within section 11-5-102.
A causal connection is established between Timilsina’s injury and the ordinance since the injury is directly linked to the City's citation under section 11-5-102(14). The City contends that Timilsina lacks standing regarding the A-frame provision because the relief sought—removing exceptions to the prohibition on A-frame signs—would not permit him to display his sign, instead only preventing those with previously exempted signs from displaying them in the future. Even if the entire section 11-5-102 were struck down, Timilsina would still be unable to display his off-premise sign due to the general prohibition against such signs without exceptions.
The concept of underinclusiveness in First Amendment jurisprudence suggests that a challenge to statutory exemptions may indicate the government is favoring one viewpoint over another. Removal of exemptions would be necessary for a challenger to benefit, but requiring this would shield underinclusive statutes from constitutional scrutiny, a position the U.S. Supreme Court has rejected.
Timilsina argues that the City discriminates by allowing signs for grand openings (an exception in subsection (g)) but not for sales after a certain period, which could lead to legal injury if the distinction is unconstitutional. Striking this exemption could provide Timilsina the ability to display his sign, thus addressing his grievance. This analysis supports his claim of underinclusiveness and confirms redressability regarding the A-frame sign prohibition.
Timilsina has standing to challenge section 11-5-102(14) specifically, but any broader challenge to the entire sign ordinance is outside the scope of his Complaint. The recommendation is for the District Court to recognize Timilsina's standing to contest section 11-5-102(14) but not the entire ordinance.
Timilsina challenges section 11-5-102(14) on First Amendment grounds, arguing it fails as a valid time, place, and manner restriction and does not meet the Supreme Court's Central Hudson test for commercial speech limitations. The City contends that the section is a valid, content-neutral regulation that effectively serves substantial governmental interests, and alternatively claims compliance with Central Hudson. Judicial review of First Amendment claims requires assessing each medium by appropriate standards, with the Supreme Court applying different tests for varying circumstances. Commercial speech, while deserving of protection, receives lesser First Amendment safeguards than other forms of expression. Timilsina argues the time, place, and manner test should apply to regulations of speech form, while Central Hudson should apply to content regulations. However, precedent from Metromedia, Inc. v. City of San Diego indicates that Central Hudson is the appropriate test for evaluating government restrictions on commercial speech, irrespective of form or content distinction. The Court agrees to apply the Central Hudson test as both parties acknowledge the regulation pertains to commercial speech. For commercial speech to be protected, it must involve lawful activity and not mislead; both parties agree these conditions are met. The dispute centers on the last two prongs of Central Hudson: whether the regulation effectively advances the government’s interests and whether it unnecessarily restricts speech. The government must demonstrate a connection between its substantial interests and the regulation. The City cites traffic safety and aesthetic purposes for prohibiting A-frame signs, allowing them in the City Center Zone and for a limited time post-business license issuance. Timilsina argues these exceptions undermine the City’s interests, but the Court finds otherwise.
Central Hudson mandates that any speech restriction must directly advance a stated governmental interest. In the Central Hudson case, the Supreme Court upheld a ban on utility advertisements, linking it directly to the state's goal of energy conservation due to the connection between advertising and electricity demand. Timilsina references Rubin v. Coors Brewing Co., where the Supreme Court invalidated a law that selectively banned alcohol content disclosure on beer labels but allowed it on wine and spirits, arguing that such inconsistent regulation undermined the law's objective of preventing "strength wars." Similarly, in Greater New Orleans, the Court struck down a federal statute prohibiting certain gambling advertisements, citing that the exceptions to the rule negated its purported goals.
Examining Timilsina's argument regarding the City Code's sign ordinance, which cites traffic safety and aesthetics as governmental interests, he contends that the Court should require empirical evidence proving that A-frame signs are both aesthetically displeasing and a traffic hazard. The Supreme Court has rejected the need for extensive empirical support, allowing regulations to be justified by local studies or even historical and common-sense reasoning. The state can exercise its police powers to promote aesthetic values, which are inherently subjective. Local governments have historically regulated signage based on traffic safety, and the Court finds no evidence that the City's objectives stem from a motive to suppress speech.
The ordinance explicitly favors certain sign types, demonstrating a general bias against A-frame signs, as seen in specific prohibitions against them. However, the Court notes that numerous exceptions to an ordinance could render it constitutionally underinclusive. The analysis includes an assessment of whether these exceptions contradict the goals of maintaining aesthetic standards and traffic safety. A significant exception allows A-frame signs in the City Center, which is intended to foster development and transit-oriented growth, indicating a complex relationship between aesthetic concerns and local governance.
The City Council's allowance of A-frame signs in the City Center distinguishes this area from others without undermining the City's objectives. The City views these signs as potentially enhancing the neighborhood's visual appeal, particularly as it promotes public transportation, walking, and biking. An exception allows A-frame signs for thirty days post-business license issuance, ensuring limited display duration and eligibility, primarily in the City Center. Although this 'Grand Opening' exception seems content-based, it actually hinges on timing rather than message content, as new business licensees can use any sign message. Thus, the ordinance does not impose strict scrutiny since it does not reflect a content preference. Unlike cases where contradictory regulations exist, the City’s approach does not signal aesthetic approval of A-frame signs but rather a temporary allowance that does not fundamentally compromise its goals. The existence of these exceptions aligns with the distinction between onsite and offsite advertising and does not detract from the regulation's relation to traffic safety and aesthetics. The City believes that A-frame signs in designated areas pose fewer concerns than unrestricted signage elsewhere.
The city ordinance prioritizes traffic safety and aesthetics over the unrestricted use of A-frame signs, demonstrating a direct link between these goals and the regulation imposed. The city has successfully shown that exceptions to the A-frame sign restriction do not significantly undermine its objectives, thereby satisfying the third prong of the Central Hudson test. In addressing whether the ordinance prohibits more speech than necessary, the court finds that the city’s ban is appropriately narrow. Timilsina's argument that the ordinance is overly broad is rejected, as the court emphasizes that the government is not obliged to adopt the least restrictive means but must ensure the regulation is reasonably tailored to its interests. The A-frame prohibition affects only a small fraction of potential speech, allowing for various alternative advertising methods, which Timilsina has utilized effectively. Consequently, the ordinance does not impose an excessive restriction on speech relative to its intended objectives.
The excerpt examines the constitutionality of a municipal ordinance restricting A-frame signs. It cites legal precedents indicating that the potential nuisance posed by certain types of signage justifies regulatory action, particularly when more effective and less burdensome alternatives are not presented. The City Council's decision to prohibit A-frame signs is based on their unique characteristics, which are deemed a risk to community aesthetics and traffic safety. The argument against the ordinance by Timilsina, which suggests that if the City prioritized aesthetics and safety, it should ban all signs, is countered by the observation that a total ban would suppress more speech than the specific restriction on A-frame signs. The ordinance is seen as a reasonable measure to mitigate perceived harms, as it allows other sign types while targeting those considered unattractive or unsafe. Timilsina's claim that all signs equally impair aesthetics and safety is dismissed, as there is no evidence to support that A-frame signs pose the same issues as allowed signage. The City’s rationale, supported by its regulations and local judgment on aesthetics and traffic concerns, remains unchallenged due to the lack of contrary evidence presented.
Refusal to discount local authorities’ traffic judgments stands unless there's evidence of blatant falsehood. The City’s exceptions to the A-frame sign prohibition indicate a reasonable approach to communication without undermining the ordinance's purpose. Limited circumstances allow A-frame signs, demonstrating the City’s effort to tailor the ordinance narrowly. Unlike cases such as 44 Liquormart and Thompson, which addressed content-related advertising harms, the City’s prohibition on A-frame signs is deemed a more effective means to address traffic safety and aesthetic concerns. The restriction aligns with Central Hudson’s standards as it advances public interests without unnecessarily limiting speech.
Timilsina’s Complaint challenges section 11-5-102(14)(a) as a facial violation of the First Amendment. For a successful facial challenge, it must be shown that the ordinance’s existence inhibits free expression, with substantial overbreadth relative to its legitimate scope. The Court finds no significant overbreadth, noting that while the ordinance also affects non-commercial speech, it does not substantially inhibit third-party speech due to the variety of available communication methods. Timilsina fails to address his facial challenge in detail, focusing instead on the application of the ordinance to commercial speech, where he claims improper time, place, and manner restrictions favor certain businesses. Consequently, the challenge is considered abandoned, and dismissal is recommended.
The Magistrate Judge recommends that the District Judge grant the City’s Motion for Summary Judgment and deny Timilsina’s Motion for Summary Judgment. The Court will notify all parties of their right to object to this recommendation within fourteen days, emphasizing that failure to object may waive future objections.
The document outlines Title 11, the West Valley City Sign Regulation Ordinance, which includes several chapters focused on sign regulations. The ordinance aims to reduce visual clutter, promote good design, enhance the city’s image as per the West Valley City Vision 2020 plan, ensure safe driving through appropriate signage, regulate visible signs from public roadways, protect property values, and promote public health and welfare.
Key provisions include:
- **Short Title**: The ordinance may be cited as the "West Valley City Sign Regulation Ordinance" or "Title 11."
- **Purpose and Intent**: This section details the goals of the ordinance, including aesthetic improvements and safety measures.
- **Interpretation**: Sign area requirements are defined as maximum allowable, and non-compliant signs are prohibited. The ordinance prevails over less restrictive local provisions.
- **Definitions**: Key terms are defined, including "Brightness," measured in lumens and NITs for electronic signs, and other relevant terms related to building inspections and sign regulations.
Overall, the ordinance establishes a framework for managing signage in West Valley City to enhance community standards and safety.
Building Line is defined as the intersection of a building's vertical plane with the ground. The Front Line of a Building refers to the nearest face of the structure to the lot's front line, including certain architectural features but excluding minor elements like steps under four feet and eaves under two feet. A Commercial Complex consists of two or more businesses within freestanding buildings sharing facilities, qualifying under site plans, including planned commercial developments and condominiums. "Copy" refers to the text displayed on a sign. The Community Development Director oversees the Community and Economic Development Department, while a Designee is a city employee assigned by the Director or Zoning Administrator to fulfill duties specified in this Title. The Display Surface of a sign is the area used for advertising material. An Illegal Sign violates city ordinances and is non-conforming. Landscaping consists of living plants, and a Corner Lot is defined as one adjacent to two intersecting streets with an interior angle under 135 degrees. A Nonconforming Sign is legally existing but not compliant with current regulations. A Non-maintained or Abandoned Sign shows signs of neglect or does not advertise an active business, defined as one with a current business license. A Sign encompasses all forms of advertising visible to the public, including its structure and features, but excludes government flags or insignia. An Animated Sign involves motion or flashing lights, with specific definitions for sign motion and rotation.
Rapidly flashing signs are defined as those with lights that turn on and off more than once per second, while intermittent flashing signs have lights that operate at intervals no greater than once every two seconds. Signs with light intervals exceeding two seconds cannot have bulbs or neon lights exceeding 25 watts.
Electronic message signs may feature static or animated content, but full video animation is restricted to specific conditions. Static animation involves text or images without motion, while animated animation requires messages to display for at least six seconds and fade for three seconds before transitioning. Freeway-oriented signs may display for a minimum of three seconds and can fade or scroll into the next message.
Full video animation is permitted only for signs located at least 400 feet from public rights-of-way, designated for regional shopping malls, must indicate building entrances, and only one such sign is allowed per mall.
The sign area is calculated based on the display area, excluding frame and support structures. For double-faced signs, only one side is counted unless the signs diverge significantly. If a sign lacks a frame, the area is determined by the smallest rectangle, triangle, or circle that can encompass the display.
Additional definitions include:
- Changeable Copy Sign: A sign with removable content.
- Director Sign: Identifies multiple entities at a common location.
- Electronic Message Sign: A permanent sign that changes content electronically.
- Wall Sign: Attached to a building, extending no more than 24 inches.
- Flood-Lighted Sign: Made visible at night through reflective light.
- Gasoline Pump Island Canopy Sign: Attached to a canopy, not exceeding specified heights.
- Pole Sign: Supported by a fixed structure in the ground, excluding monument signs.
- Identification Sign: Indicates non-commercial entities like schools and hospitals.
- Illuminated Sign: Features electric lights or luminous tubes as part of its design.
Sign definitions are provided for various categories used in legal contexts.
- **Sign, Awning**: A fireproof, architecturally integrated sign resembling an awning made of light fabric, which may include copy and illumination.
- **Sign, Interior**: A sign visible only from within the building.
- **Sign, Monument**: A freestanding identification sign with its base on the ground and no visible support.
- **Sign, Mobile**: An on-premise sign with a medium to heavy frame, not permanently affixed, including “A” frame and trailer types.
- **Sign, Name Plate**: Indicates the name or occupation of individuals residing or legally occupying the premises.
- **Sign, Billboard or Off-premise**: An advertising sign promoting a use, product, or service unrelated to the premises.
- **Sign, On-premise**: Directs attention to uses, products, or services on the premises.
- **Sign, Park Identification**: Identifies businesses within a business park.
- **Sign, Political**: Supports candidates or measures for elections.
- **Sign, Projecting**: Extends more than 24 inches beyond a building wall.
- **Sign, Property**: Offers property for sale or lease, announces builders, or warns against trespassing.
- **Sign, Public Necessity**: Informs the public of hazards on or near the premises.
- **Sign, Roof**: Partly or wholly erected on or over a building's roof.
- **Sign, Service**: Incidental signs providing public information, not requiring a permit.
- **Sign, Temporary**: Includes various lightweight materials intended for short-term outdoor or window display.
- **Sign, Painted Wall**: Appears to be painted directly on a wall without framing.
- **Structure**: Defined as anything constructed requiring ground location.
- **Unsafe or Dangerous Sign**: Signs violating the Uniform Building Code, Fire Code, or city ordinances.
Definitions are provided for key terms related to property and zoning, including "Yard," which refers to an unoccupied space on a lot. Specific types of yards are defined:
- **Front Yard**: The area between the front line of a building and the front lot line, extending across the lot's width, with its depth being the distance from the front lot line to the building.
- **Rear Yard**: The area between the rear line of a building and the rear lot line, also extending across the lot's width, with its depth defined similarly.
- **Side Yard**: The space between a building's side line and the side lot line, stretching from the front to the rear yard, with its width determined by the distance from the side lot line to the building.
The **Zoning Administrator** is identified as the designated city staff responsible for overseeing these definitions and regulations.
Subsequent sections outline regulatory compliance for signs within the city:
- **Conformity of Signs**: Signs must adhere to zoning district regulations for erection or alteration.
- **Construction Standards**: All signs must comply with national and local building codes.
- **Maintenance**: Sign owners are responsible for keeping signs in good repair and maintaining the surrounding area.
- **Issuance of Permits**: A permit is required before erecting or altering signs, with the Community Development Director and other officials responsible for ensuring compliance with regulations.
- **Improper Issuance**: All officials must follow the regulations when issuing sign permits.
Permits for signs that conflict with the Title's provisions are deemed null and void, regardless of authorization for their issuance. Applications for sign permits must include site plans and elevation drawings, with two copies of the site plan on at least 8.5 x 11-inch paper. The site plan must be scaled accurately and provide sufficient detail regarding the sign's size and location in relation to property lines, existing and proposed structures, curb cuts, parking areas, and existing signs. Elevation drawings must illustrate design compatibility with the building, including sign type, materials, colors, lighting, height, and dimensions.
Owners or responsible parties must pay a fee for the sign permit as per the consolidated fee schedule. If work begins before obtaining a permit, the fees will be doubled to account for additional inspections and reviews, although this does not exempt compliance with the Title's requirements or other penalties.
Certain signs are exempt from permit requirements, including property signs, on-site service signs, political signs, nameplate signs, temporary signs, and public necessity signs. Additionally, exemptions from regulatory provisions apply to signs related to governmental functions, those stored or manufactured within city limits (not used for advertising), commemorative plaques, religious symbols, and signs in enclosed areas not visible from property boundaries.
Signs on licensed commercial vehicles, including trailers, are prohibited from being used as stationary outdoor display signs within 40 feet of a street's right-of-way (ROW). Signs on regulated public transportation vehicles, such as buses and taxicabs, are permitted. Art forms without any advertising message and temporary searchlights for advertising are also allowed.
The Community Development Director or their designee can initiate legal action against any sign that violates City Ordinances, including zoning and building codes. Legal actions may involve issuing citations, impounding illegal signs with fees for their return, or notifying responsible parties about unsafe signs.
Violations of these provisions constitute a Class "B" misdemeanor, with separate offenses for each day the violation continues. The City may remove unsafe signs not repaired within five working days and charge the responsible party for the costs. Similarly, illegal signs must be made conforming within 30 days, or they will be removed at the owner's expense. Non-maintained signs must be removed if not repaired within 30 days after notice. Signs within 10 feet of the public right-of-way can be impounded anytime if found in violation.
Appeals from City staff decisions can be filed with the Community and Economic Development Department within 10 days, requiring a detailed notice of the aggrieved party's grounds. Economic hardship or competitive disadvantage are not valid reasons for an appeal. Decisions made by the Board of Adjustment can be appealed to the District Court within 30 days. Application processing fees for the Board of Adjustment are established annually by the City.
Chapter 11-4 outlines general sign requirements, including prohibitions against signs that obstruct traffic visibility or resemble traffic control devices. Signs may project from buildings, but regulations apply to ensure no vehicular interference occurs. Specific height limitations for signs are dictated by zoning, with exceptions for freeway-oriented signs near commercial or manufacturing areas. Projecting signs may extend to the highest roof line, while wall signs can rise 2 feet above the roof. Further details include maintenance of clear views at intersections and regulations on sign landscaping.
Freeway-oriented pole signs within 660 feet of a freeway right-of-way (ROW) may reach a maximum height of 25 feet above the freeway grade or 65 feet above the ground, whichever is greater, and must maintain a 30-foot front yard setback from the property line. Signs must have a minimum clearance of 10 feet above ground or sidewalk when projecting into required yard spaces, with specific exceptions, and a clearance of 13 feet for signs over private traveled ways where service trucks are expected.
No signage is permitted on City-owned property or rights-of-way unless authorized by ordinance, and violations are classified as a class “B” misdemeanor. Property owners are required to repair any damage to building facades caused by sign activities within 30 days.
For conditional use permits, applicants must include signage details, and the Planning Commission will assess compatibility with surrounding properties and the architectural context. Lighted signs must direct illumination away from residential areas.
The Planning Commission may grant bonuses for sign area and height increases to promote design excellence, with specific criteria outlined for increases in size and height based on landscaping, design uniformity, and other factors. The total increase cannot exceed 20 square feet in area and 2 feet in height for monument or pole signs, and 5 percent for wall signs. Alternative sign plans may also be submitted for unique circumstances.
Wall signs may increase in size by 5% if all lettering and background are uniform in style and color for signs in shopping centers or for three distinct establishments under the same roof. Specific prohibitions include mobile signs (e.g., “A” frame, trailer, or pedestal signs), merchandise displays within 20 feet of public rights-of-way without prior review and approval from the West Valley City Planning Commission, and signs with animation, except for electronic message sign animation.
A clear view must be maintained at intersections within a triangular area defined by 40 feet from the projected intersection of curb lines, allowing no visual obstructions between two and seven feet in height. This requirement also applies to the intersection of a street and private drive, with a clear view area formed by lines extending 20 feet from the intersection.
Signs on utility poles are allowed only with written permission from the utility company, and signs are prohibited on street trees, traffic regulatory sign poles, and street name poles.
Sign landscaping must not include required site landscaping, should comprise at least 50% live plant material, have a slope no steeper than one in four, and if berms or planter boxes are used, their height must not exceed two feet. Alternative designs may be considered by the Planning Commission as a Conditional Use.
The sign setback is measured from the property line.
Temporary signs must adhere to specific regulations, which prohibit illumination unless otherwise noted. Each business is allowed only one temporary sign, and building façades can have a maximum of 30% coverage by temporary signs.
Regarding various types of permanent signage:
1. Flags with permanent anchors are permitted in all zones, requiring Planning Commission approval through a Conditional Use process. Flags should generally be placed at least 20 feet from the front property line, or closer with approval.
2. Flags of government entities (local, state, federal) may also be erected in all zones, with a minimum distance of 10 feet from the front property line unless approved otherwise. Flags must not be used for advertising and must adhere to the United States Flag Code.
3. Newspaper stands and advertisements at bus stops are prohibited unless a franchise agreement with West Valley City is in place. Each transit stop can have one stand, which may contain multiple receptacles but must be located at least 10 feet from the curb, ensuring a minimum of 5 feet for pedestrian movement.
4. On-site service signs are allowed for safe pedestrian or vehicle movement on private property, up to 16 square feet in size, without needing a sign permit.
5. Apartment complexes with five or more units can have one wall sign not exceeding 32 square feet to identify the complex and indicate vacancies.
6. Each dwelling can have one nameplate or marker (max 2 square feet) displaying the occupant's name, potentially including an occupational designation.
7. Light pole signs are permissible in General Commercial, Transitional Commercial, and Manufacturing zones, with specific conditions: they must be at least 20 feet from the front property line, each pole can support two banners (maximum 12 square feet), and poles must primarily serve as lighting fixtures.
These regulations ensure proper placement and maintenance of various signs while promoting safety and aesthetics in the community.
Business owners are responsible for adhering to sign standards outlined in this chapter. Key provisions include:
1. **Additional Business Sign for Road Widening Construction:**
- **Zoning Restrictions:** Applicable in all zones.
- **Size:** Maximum area of 50 square feet.
- **Setback:** Signs may be on private property but must not obstruct sidewalks, drives, or views at intersections.
- **Time Limitations:** Permitted only during specific road projects; must be removed after construction or when a permanent sign can be installed.
- **Number:** One additional temporary sign allowed.
- **Other Regulations:** Only banners are permitted as temporary signs; prohibited types are not allowed.
2. **Banner Sign (Advertising a Business):**
- **Zoning Restrictions:** Allowed in specified zones (B/RP, C-1, C-2, C-3, M, MXD, RB, RM).
- **Setback:** Minimum of 20 feet from front property line; must be on the building's face and not on fences.
- **Size:** Maximum of 50 square feet, or 10% of the front façade for tenant spaces over 150 linear feet.
3. **Banner Sign (Primary Business Sign):**
- **Zoning Restrictions:** Same as above.
- **Setback:** Must be on the front elevation of the building.
- **Size:** Limited to wall sign sizes per applicable zoning.
- **Time Limitation:** Valid for 90 days post-business licensing or until a permanent sign is installed.
4. **Construction Project Signs:**
- **Zoning Restrictions:** Limited to Commercial and Manufacturing zones.
- **Size:** Maximum of 96 square feet.
- **Lighting:** Permitted external lighting; internal lighting is prohibited.
- **Time Limitation:** Signs must be removed within 30 days of final building inspection.
- **Setback:** Minimum of 10 feet from any right-of-way.
- **Height:** Maximum height of 12 feet for freestanding signs.
- **Number:** One sign per street frontage; additional signs may be approved under specific conditions.
5. **New Development Signs:**
- **Zoning Restrictions:** Allowed in all zones.
- **Size:** Maximum area of 32 square feet.
- **Time Limitations:** Must be removed within 30 days of project completion.
- **Setback:** Minimum of 10 feet from public street right-of-way and 50 feet spacing between signs.
A maximum of two off-site development signs is permitted, requiring property owner consent. Signs must not be made of paper materials and should be professionally installed. Flags representing local, state, or federal government must adhere to zoning restrictions, be set back at least 20 feet from the front property line, and comply with the United States Flag Code. A maximum of three flags is allowed per business or dwelling, with no limit during National or State Holidays. The U.S. flag must not be used for advertising, and advertising signs cannot be attached to flagpoles.
Grand-opening signs are allowed on the subject property, must not obstruct sidewalks (unless in the City Center Zone), and can be displayed for up to 30 days following a new business license issuance. Renewals, ownership changes, or name changes do not qualify for new grand-opening signs unless it’s for a new business or facility renovation requiring a permit.
Inflatable signs are restricted to certain commercial and manufacturing zones, must be set back at least 20 feet from the front property line, displayed for a maximum of 30 days per year (minimum of 5 days), and require a permit. Their height cannot exceed that of adjacent utility lines, and they must be secured to the ground.
Merchandise displays in specified commercial zones must maintain a 20-foot setback from the front property line and ensure a 4-foot wide pedestrian pathway. Merchandise includes any goods for sale or advertisement. Exceptions for displays within required setbacks or public rights-of-way require conditional use approval from the West Valley City Planning Commission, although displays in the City Center Zone may be permitted within 20 feet of the front property line.
For new subdivisions and home sales signs, zoning restrictions apply, with size regulations for subdivisions containing five or more lots.
Major promotional signs for builders are limited to one sign per builder, not exceeding 64 square feet, with a total area cap of 128 square feet for all signs. Individual phases of a subdivision are not treated as separate subdivisions. Subdivisions with five or more lots can display one wall sign on a model home, limited to 32 square feet. Each model home may also have one stationary open house sign, which can include builder information and must not exceed 16 square feet. All signs must be set back at least five feet from any right-of-way and freestanding signs cannot exceed 12 feet in height. Signs must be removed within 30 days after the final home inspection, and mobile signs are prohibited. Signs may have external lighting but cannot be internally illuminated.
Open House signs are allowed on the subject property, with a minimum setback of five feet from the public right-of-way and a maximum size of eight square feet. Up to four off-premise open house signs are permitted for eight hours during an event.
Temporary signs must be located at least 20 feet from the front property line, with exceptions for non-business-oriented banners promoting community events. Political signs may be placed in all zones, must not exceed 16 square feet in residential areas, and must be safely constructed.
Certain temporary signs are prohibited, including A-frame signs (unless regulated in the City Center Zone), mobile signs, off-premise signs (with specific exceptions), and various types of decorative advertising like feathers, flags, streamers, and signs attached to other structures. Temporary signs must adhere to regulations and require a building permit. However, all types of signs are permitted during a Grand Opening event.
Signs advertising the sale, rent, or lease of property are allowed in all zoning districts.
Signs must be placed on the property, with residential signs limited to eight square feet and nonresidential signs to 32 square feet. Only one sign is permitted per street frontage.
Vehicle signs in commercial and manufacturing zones must be set back at least 40 feet from the street and apply to commercial vehicles with signs larger than four square feet. These vehicles cannot serve as stationary outdoor display signs.
For window signs in non-residential zones, coverage is capped at 50% of window area, with specific measurement guidelines for painted signs. If one window is fully covered, another must remain clear. Exceptions exist for windows meeting the Commercial Design Standard Ordinance or having obstructed views.
Monument signs are allowed in various zones, requiring a five-foot setback for signs up to five feet tall and a setback equal to their height for taller signs. They must be integrated into a landscaped area twice the sign's size unless waived. A 100-foot separation from other signs and a 50-foot setback from property lines is required, with potential flexibility in limited situations. Monument signs have size restrictions based on height, with one sign allowed per 200 feet of frontage, and properties with multiple frontages can have additional signs. Electronic message signs are limited to one per frontage, with no animations permitted.
Signs for single tenants must be 6 feet tall, while multi-tenant signs must be 7 feet tall, subject to zoning restrictions. The Planning Commission may approve exposed poles up to one-third the sign's height via a Conditional Use process, provided these poles are architecturally compatible with the building. The base of the signs is limited to 50% of the sign area and must be made of masonry materials such as brick, stone, or stucco, with stucco matching the building's color and including decorative elements. The base must be at least equal in size to the total horizontal dimension of the sign face and include a minimum height of 1 foot.
Roof signs are permitted in Commercial and Manufacturing zones but must not extend above the roofline and must lack visible support structures. Animated roof signs are prohibited, except for electronic message signs. The area of roof signs is restricted to 10% of the building's first story face (15 feet maximum) and 5% of any other first story face, with a potential increase to 15% if no pole signs are present. A wall sign and a roof sign cannot coexist on the same facade.
The regulations for billboards aim to control their number and enhance aesthetics while promoting safety and property values. The total number of billboards is capped at the existing number as of January 31, 2003, and this cap decreases as billboards are removed without being relocated. Billboards are permitted only in specified commercial and manufacturing zones, excluding gateway-oriented overlay zones. Size limits are set at 672 square feet in manufacturing zones along freeways and 300 square feet in other zones. Minimum separations of 750 feet along freeways and 500 feet elsewhere are required, with maximum heights of 35 feet, reducing to 25 feet within 150 feet of residential areas, which must also be non-illuminated.
Minimum front yard setbacks for billboards are established at 10 feet for structures up to 25 feet in height, with an additional one-foot setback for each foot exceeding 25 feet, capped at a maximum height of 35 feet. Setbacks are measured from the property line, ensuring no part of the billboard encroaches into required setback areas. A minimum distance of 75 feet is mandated between billboards and any residential use or zone boundary.
Lighting for billboards must be limited to the sign face and should not illuminate the night sky. Billboards are required to use either “monopole” or “bi-pole” designs and must be maintained structurally and visually.
Before a billboard's removal, the owner must secure a demolition permit from the Community and Economic Development Department. An existing billboard may be relocated from a nonconforming site to an approved location only after obtaining a permit, adhering to regulations, and must be completed within 18 months, with a potential six-month extension. Failure to relocate within this timeframe results in the forfeiture of relocation rights.
Conforming billboards may also be relocated under specific conditions, such as road widening or if a conforming billboard is removed, provided the owning company has addressed all nonconforming signs.
Electronic message signs on billboards are restricted to a maximum size of 300 square feet and must comply with separation regulations from other electronic signs, specifically maintaining a distance of 500 radial feet.
Pole signs are permitted in various zoning areas, with requirements for solid covers that integrate architecturally with adjacent structures. Clearance from the ground must be a minimum of 10 feet where traffic is anticipated, and pole signs adjacent to freeways may have extended heights. Billboards are exempt from certain provisions applicable to pole signs.
The minimum front yard setback for signs 15 feet in height or less is 10 feet. For signs over 15 feet, an additional setback of one foot per foot of height is required, up to the maximum allowed in the zone. Pole signs must comply with monument sign standards for separation and are limited to one per frontage, although this can be waived for freeway-oriented signs as a conditional use. All pole signs, except those over 35 feet that are freeway-oriented, must have pole covers and be situated within a landscaped area at least twice the size of the sign. They must also be architecturally compatible with nearby buildings. The area for a pole sign cannot exceed one square foot for each linear foot of the property's frontage, with a maximum size of 200 square feet unless waived by the Planning Commission. Pole signs are conditional uses and require properties to be at least 10 acres, while interior lots can have one pole sign and one billboard under the ordinance. Pole signs may project up to three feet into the setback area.
For electronic message signs, these are allowed in the C-2, C-3, and M zones when integrated into various sign types, with specific regulations: wall signs can have one electronic message occupying up to 100% of the face but limited to 10% of the building's front elevation; pole signs may have 50% electronic coverage, while freeway-oriented pole signs can have 100% and do not need to be turned off at night; monument signs may have 50% coverage. Electronic signs must comply with height and setback regulations and be at least 100 feet from residential boundaries, or 200 feet for non-freeway billboards. The Zoning Administrator may reduce the setback if the billboard is obstructed from view. Lumination limits are set to 6000 cd/m2 during the day and 1500 cd/m2 at night for full-color electronic message signs.
Full color electronic message signs must be dimmed to a maximum brightness of 1500 cd/m² from 10 PM to 6 AM, while monochrome signs are limited to 500 cd/m² during these hours. Daytime brightness for monochrome signs cannot exceed 3000 cd/m², and full color signs must not exceed 6000 cd/m². Signs are required to have a photo-cell dimmer to adjust brightness based on ambient light, and the brightness settings must be locked with an access code upon installation, changeable only with written approval from West Valley City. Building permits for these signs necessitate a certification of brightness levels.
Off-premise advertising is generally prohibited, except for billboards. Community messages such as time, date, weather, government announcements, and traffic information are allowed on electronic message signs. These signs are permitted in RB, B/RP, and C-1 zones when integrated into a monument, wall, or freeway-oriented billboard, with specific coverage limits: wall signs can have one electronic message sign covering up to 10% of the front elevation, while pole signs may allow for 50% coverage unless freeway-oriented, which can have 100% coverage.
Electronic message signs must comply with height and setback regulations. In the RB zone, these signs are only allowed on parcels of at least five acres and must be located a minimum of 100 feet from residential boundaries, or 200 feet for non-freeway-oriented billboards. If obstructed from view, the Zoning Administrator may permit reduced setbacks. Additionally, from 10 PM to 6 AM, electronic message signs must completely cease illumination.
Lumination limits for monochrome electronic message signs are established, with a maximum brightness of 3000 cd/m² during the day and a complete dimming to 0 cd/m² at night from 10 PM to 6 AM. Signs must be equipped with photo-cell dimmers to adjust brightness according to ambient light. Building permits for such signs require stamped plans indicating brightness levels before approval. Off-premise advertising is generally prohibited, except for billboards. Community messages like time, date, weather, government announcements, and traffic information are allowed on electronic signs. Signs are not permitted in windows and any request for larger electronic portions of pole or monument signs requires a conditional use application to the planning commission.
Regarding wall signs, they are permitted in various zones, with size limitations set at 10% of the front first-story face (up to 15 feet tall) and 5% for other faces, with a possible increase to 15% if no pole signs are requested. Professionally designed painted wall signs are allowed, with size regulations subject to Planning Commission approval. Multi-story building signs must maintain architectural compatibility.
In residential and agricultural districts, only specific signs such as nameplates, public necessity signs, and certain other identification signs are allowed, each with defined size limitations. Non-illuminated nameplates are capped at two square feet, while public necessity signs have a maximum combined area of 24 square feet and individual signs capped at 8 square feet. Monument signs are limited to 5 feet in height, and service signs are restricted to 16 square feet each for lawful businesses.
In the Residential Business District, specific sign types are permitted, including awning signs, monument signs, wall signs, illuminated signs, name plates, property signs, public necessity signs, and electronic message signs. Sign area is limited to 5% of any building face, with a maximum height of 5 feet for monument signs, and signs must be architecturally compatible.
In the Commercial “C-1” District, similar sign types are allowed as in the Residential District, along with additional options such as projecting signs, roof signs, temporary on-premise signs, and gas pump island canopy signs.
The Commercial “C-2” and “C-3” Districts allow all signs from the “C-1” District, plus billboards and pole signs, with pole signs capped at 25 feet in height above sidewalk grade.
For the Business Research Park District, signs must align with the architectural theme and include monument signs, park identification signs, wall signs, and electronic message signs. Monument signs cannot exceed 5 feet in height and must be at least 10 feet from the street, while wall signs are limited to 10% of the front first story face and 5% of other faces.
In the Manufacturing “M” District, sign regulations follow the same standards as in the “C-2” and “C-3” Districts, allowing all previously mentioned sign types.
Sign regulations specify that pole signs cannot exceed a height of 35 feet above the grade of the front sidewalk or property line. Commercial complexes on corner or double-frontage lots may have two on-premise signs (one for each frontage) and one off-premise sign if desired. Nonconforming signs cannot be altered or reconstructed unless they comply with current regulations. Specific exclusions apply for face changes in multi-tenant signs and normal maintenance, provided these do not increase the sign's overall height, size, or shape. Nonconforming signs that deteriorate or are significantly damaged (over 50% of assessed value) must be repaired or rebuilt in compliance with current regulations. Minor repairs do not require compliance. Signs that are abandoned (no advertisement for 60 days post-tenant vacancy) must be removed or brought into compliance by the property owner within 60 days, with the city authorized to remove non-compliant signs at the owner's expense if not voluntarily removed. A specific section of the ordinance has been repealed. Legal references indicate ongoing litigation involving West Valley City and motions for summary judgment filed in 2014.
